In a major victory in a 3-year-long battle, the case that began with the illegal layoff of 11 employees will end with payments to all the workers — and three of them returning to their jobs.

Late Friday, an agreement was reached in principle between the Times Union, the Newspaper Guild of Albany and the National Labor Relations Board, which litigated the case.

Under the agreement, three employees will reclaim their jobs at the newspaper and will receive 85 percent of the back pay they are owed since their 2009 layoffs. The other eight workers chose not to return and will receive 115 percent of their back pay.

Final details are still being worked out, such as coverage for any medical expenses the employees had to pay in the interim and the pension credit these workers are due. In one case, an employee had not yet been vested in the pension fund (which takes five years) but would have been had he not been illegally let go. He will become vested. Another employee began to collect his pension, but that amount might have been higher had he stayed longer and could be adjusted.

Of the three workers who are returning, two are from editorial and one is from advertising art. They are reporter Brian Ettkin, content editor Alan Abair and advertising artist Bill Blais. They are expected to return to their duties in May.

“This is a victory not only for these workers but for all our members,” Guild President Tim O’Brien said. “This means the company must respect our right to negotiate over the criteria for layoffs and not simply walk out whomever management pleases.”

The return of the three workers should not cause anyone else to be laid off, O’Brien said. There is a reporter opening now that resulted from the promotion of a former reporter to a features editor position, and there is a second reporter who is retiring in May.

“We believe there are sufficient vacant positions in editorial and elsewhere that layoffs should be unnecessary,” the Guild president said. “We are happy to welcome back these workers and glad to see this long ordeal end for all 11.”

The Guild had offered to settle the case earlier and at less cost in return for a contract that included concessions on both layoffs and outsourcing. But the company refused any settlement that did not effectively strip workers of bargaining rights in both areas. Our fight for a fair contract and our first raises in five years continues.

The Guild is planning a meeting to enable members to ask any questions they might have about the settlement and the path forward.

Some people say unions represent “the weak.” Actually, we represent the Pulitzer Prize winners.

To read about the members who were honored in 2012, check out the Newspaper Guild’s website.

I heard today from many of my colleagues about anti-union comments posted by Kristi Gustafson Barlette on her Times Union Facebook page.

“I find unions protect the weak, and don’t produce viable results. People don’t DESERVE raises, they earn them,” Kristi wrote in response to a reader. She went on to add: “If you believe you should earn more, and your company doesn’t give it to you, then leave — find another job.”

Kristi’s comments were viewed by many of her colleagues in the newsroom as a slap in the face. It has been five years since employees at the Times Union have had a raise, and it is not because employees don’t “deserve” one. And they should not have to leave to get one.

But let me back up a minute: I have to say any interaction I’ve ever had with Kristi has been pleasant. We have a good professional relationship. Recently we’ve worked well together to boost traffic to the Getting There blog, and her advice has proven successful. I expect to continue to work well with her.

But I agree with the many employees who contacted me after seeing her remarks. They are offensive. I think Kristi owes her colleagues an apology. It is distasteful and unprofessional for a member of management, which Kristi now is, to suggest her fellow employees who have not received raises don’t deserve them and that they should quit if they don’t like it.

And she is dead wrong about unions, in general and the Guild specifically. Ironically, I remember when Kristi was an editorial assistant and came to me, upset because a member of management had said if she wanted to be a reporter, she should leave, get experience elsewhere and then apply to come back. I told her that two of her colleagues, Bob Gardinier and Dennis Yusko, had been told the same thing. They persevered and became reporters. I advised her to do the same. She did and succeeded.

To say the Guild exists to protect the weak is nonsense. I could go on at length but let me give just a couple of real-life examples of what the union actually stands for.

When the Times Union wanted to outsource our print shop coordinator’s job to Connecticut, the Guild worked with him, proved he did more than the company gave him credit for and saved his job. When a colleague named Terri Currie was dying of cancer, her co-workers wanted to donate some of their sick time to her. The company would not allow it. I fought for years to obtain that benefit and finally did during our last round of negotiations (even though that did not lead to a contract). Two employees since have been able to be out on extended sick leave without losing pay, thanks to the Guild.

We’ve bargained a paid week off for new parents, a benefit for those who adopt and space for nursing mothers to pump breast milk.

That’s not “protecting the weak.” And those are the “viable results” good unions produce.

A federal court has ordered the NLRB and company to see if the parties can work out a settlement in the case of the 11 illegally laid-off employees.

After the NLRB ruled the layoffs were illegal, the company appealed the decision to the 2nd Circuit Court of Appeals in New York. As a matter of routine, the court orders the parties to first see if they can find a settlement.

This differs from the negotiations that occurred between the union and company. In this case, the NLRB is directly involved in the talks, the Guild gives input, the 11 affected employees are consulted directly, and the contract is not part of the discussion.

Details of the discussions are off the record and cannot be made public until and unless an agreement is reached. If an agreement is not reached, the case goes to court. Given the Guild’s track record in this case, we are very confident of the strength of our case.

Rex Babin, who served as the Times Union editorial cartoonist from 1989 to 1999, died Friday at age 49 after a two-year battle with cancer.

For the past 13 years, Babin was the cartoonist for the Sacramento Bee. While at the Bee, he was a finalist for the Pulitzer Prize in 2003. He was also a past president of the Association of American Editorial Cartoonists.

At the Times Union, Babin succeeded Hy Rosen as cartoonist. Rosen, an expert caricaturist, belonged to an earlier era of cartooning, when the panels were thick with commentary. Babin strived to put as few words as possible into his cartoons.

“Rex signaled a transition,” said current cartoonist John De Rosier, who followed Babin into the role. “He brought editorial cartooning at this newspaper into its contemporary form. He has a legacy here, and he had an impact.”

Babin is survived by his wife, Kathleen, and son, Sebastian, 10. The Bee is setting up a trust fund for his son. Checks should be made out to Sebastian Babin and can be sent to:

Pam Dinsmore
Community Affairs Director
The Sacramento Bee
2100 Q St
Sacramento CA 95816-6899

For more about Babin’s career, read the Times Union obituary written by Guild president Tim O’Brien or visit The Sacramento Bee’s coverage.