In a long-awaited ruling, administrative law judge William Kocol of the National Labor Relations Board has ruled that eight reporters fired by the Santa Barbara News-Press in the past year were illegally terminated and should be reinstated with back pay.
Kocol's decision, announced Monday, found the News-Press violated the National Labor Relations Act in firing Melinda Burns, Anna Davison, Tom Schultz, Barney McManigal, Rob Kuznia, Dawn Hobbs, Melissa Evans and John Zant for their support of the Graphics Communications Conference of the Teamsters union.
The stinging, 75-page, single-space ruling was dated Dec. 26, exactly three months after the completion of a 17-day trial held in Santa Barbara.
The ruling offered little to cheer about for the News-Press and its owner, Wendy McCaw, who has been engaged in a lengthy and vociferous battle with newsroom employees over issues ranging from journalistic standards and ethics to employee loyalty and union representation.
The judge found for the Teamsters - and against the News-Press - in virtually every aspect of the case.
Kocol ruled that the newspaper violated federal labor law in lowering evaluations of Hobbs, Evans, Davison and current employee Karna Hughes, denying them bonuses they should have received; canceling the column of Starshine Roshell; firing editor Bob Guiliano; engaging in surveillance; interrogating reporters about union activity; and threatening several reporters for their attempt to deliver a letter to newspaper owner and co-publisher Wendy McCaw.
Burns was the first of the eight to be fired - on Oct. 27, 2006 - because of alleged bias in reporting. Davison followed on Jan. 27, also on charges of bias. The last six were terminated after helping to hang a banner reading “Cancel Your Newspaper Today” Feb. 2 on a downtown overpass of Highway 101.
Kocol peppered his ruling with statements such as the “flagrant nature of the violations ” and “unlawful conduct,” and repeatedly expressed his conclusion that testimony given by News-Press management - especially Associate Editor Scott Steepleton - was “contrived” and unbelievable. Kocol issued a “cease and desist” order to prevent further violations.
A representative of Barry Cappello, an attorney for the newspaper, promised a statement on the ruling Monday, but his office was closed in the afternoon before any statement was received.
A spokeswoman for
co-publisher Arthur von Wiesenberger also said a statement would be forthcoming from Cappello's office.
Marty Keegan, lead organizer for the Graphics Communications Conference, said “we are gratified that the judge has so quickly and thoroughly found that the News-Press has wronged the newsroom employees, even as we regret that this massive enforcement action proved necessary.
“We're absolutely ecstatic about the judge's opinion,” added Hobbs, one of the fired reporters. “However, we've known from the beginning we were on stable, established legal footing. We look forward to getting back to work soon, and we greatly appreciate the community's support in our struggle. We couldn't have done it without them.”
The union's attorney, Ira Gottlieb, said that while he was “very happy” with the ruling, he felt it was “too early” to celebrate.
“I've heard they're planning to appeal,” he said.
January 1, 2008