NLRB Judge Rules Stephens Media Group/Watertown-Massena, NY Layoffs Violated Labor Law, Orders Rehirings

ALJ Ruling

An Administrative Law Judge at the NATIONAL LABOR RELATIONS BOARD has ruled that STEPHENS MEDIA GROUP violated labor law in firing employees at its WATERTOWN and MASSENA, NY stations, and has ordered the company to rehire four employees that it previously fired.

STEPHENS, according to the decision by ALJ CHARLES J. MUHL, planned to replace some of the staffers at the stations with voice tracking, and notified the union, the NATIONAL ASSOCIATION OF BROADCAST EMPLOYEES AND TECHNICIANS - COMMUNICATIONS WORKERS OF AMERICA, AFL-CIO (NABET-CWA), in negotiations for a new contract beginning in AUGUST 2018, asking that the existing prohibition of layoffs in the first year of a new union contract be eliminated and the layoff criteria be changed from seniority to a "good faith" determination. The union rejected the proposals and STEPHENS declared an impasse, put in voice tracking for all but morning shows, and made unilateral changes to working conditions, laying off four full time employees and reducing hours for others. The union challenged the layoffs in a complaint to the NATIONAL LABOR RELATIONS BOARD. MUHL ruled that STEPHENS had prematurely declared an impasse and the changes it made were unlawful.

In addition, MUHL also ruled that former News-Talk-Oldies WMSA-A/MASSENA morning host DAVID ROMIGH was fired for protected union activity (although the firing was said to be based on ROMIGH "spreading rumors" about the GM; the judge said the company may have had legitimate business reasons to fire ROMIGH, including performance issues, but that it did not show that it would have done so without the union activity).

The judge ordered STEPHENS to reinstate fulltimers DIANNE CHASE (President of the local NABET chapter), FRANK LAVERGHETTA, and MICHAEL "WEB FOOT" STOFFEL; STOFFEL was laid off and rehired as Production and Social Media Director in a move the judge said involved impermissible direct dealing with an employee, circumventing mandatory union bargaining. The ruling also added that the company must hang notices at the stations that it violated federal labor law. But the judge also ruled that STEPHENS did not unlawfully delay providing relevant information to the union, nor did it engage in "surface bargaining" without intent to reach an agreement.

The ruling must be affirmed by the NLRB, to which STEPHENS can appeal; owner DAVID STEPHENS told CBS affiliate WWNY-TV/WATERTOWN that he plans to appeal some of the findings to the board but was also pleased the judge determined that the company had bargained in good faith.

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