The Times Union has chosen to ignore a 45-day window for notifying the Albany Newspaper Guild about layoffs and informed board members Tuesday they will dismiss eight Guild employees beginning Wednesday, June 26.

Executive Board members urged the Company to consider offering another round of buyouts since the Guild was not informed in writing that layoffs would ensue if there weren’t enough buyouts, but the Company has refused, instead invoking their ability to provide 45 days pay to those who are laid off rather than allow the Guild to attempt to mitigate the need for layoffs through alternative measures.

Previously the Company did not provide a head-count or dollar figure for how much they needed to cut, but indicated to board members Tuesday that the reduction in the workforce is needed to address a 15 percent drop in business (compared to last year for the first half of the year).

Although four Guild members applied for buyouts, only two were accepted by the Company.

Albany Newspaper Guild President Amanda Fries expressed disappointment in the Company’s lack of transparency and good faith in negotiations.

“To think a 2 p.m. meeting (sent four hours beforehand) with board members on the eve of planned layoffs is sufficient notification and negotiating in good faith with the Guild and its members is deplorable,” she said. “Open and honest dialogue between management and employees has been lacking for years, and I won’t stand for it. While the Company may be swinging the ax, it’s imperative members come together at this time and push back as much as possible.”

Official notification of layoffs comes to the Guild less than two weeks from when the Company gave a June 7 deadline for people to apply for buyouts. Guild members approved the buyout offer on May 29.

Imposed conditions indicate “the Company shall provide the Guild with 45 days notice and will attempt to negotiate a buyout agreement.” However, the Company is opting to provide 45 days of pay to those who are laid off.

The Company has said layoffs will be done via seniority, as stipulated in the Guild contract and for which the Times Union came under fire in 2009 for not abiding by.

The Guild is working to determine if the Company’s seniority lists are accurate. Those who have questions and concerns regarding their position should contact board members.

An unspecified number of non-Guild employees also will be laid off.

Employees who are laid off will be given 45 days pay in lieu of the notice, and they will receive severance based on dismissal pay outlined in Section 6-A of the Guild contract. Health insurance would also be paid for an equal number of weeks as dismissal pay.

The Company will pay a year of health care or $1,000 to employees who do not have it through the Company.

The Company has three openings it wants to fill, and those who are targeted for layoffs will get the opportunity to apply for the following and retain employment:

• Part-time NIS desk associate
• Full-time obituary legal position
• Temporary (one-year) position in advertising handling obituaries and automotive.

Following the departure of the Guild’s president Brian Nearing, members elected Amanda Fries as the union local’s new President, Ken Crowe as Vice President, and Ty Stewart as board member at-large on the Guild’s Executive Board.

The three elected to the posts will fill the remainder of the terms—all of which end this year—ahead of a full Executive Board election in September.

The election fills vacancies left by the departures of board members Nearing and Jennifer Rodd.

Fries previously was Vice President for the board, elected to the post in 2017. She is the Albany County and city of Albany reporter at the Times Union.

“I look forward to mobilizing our members internally and creating camaraderie among fellow co-workers who work hard each day to deliver the best product to our readers,” Fries said.

Crowe, who has previously served as President of the Guild, rejoins the Board as Vice President. He is the Troy reporter. Stewart is a graphic artist and a new board member.

Their elections occurred at the local’s membership meeting Thursdayat the meeting hall at Blessed Virgin Mary Church.

For those who couldn’t make the meeting and want to learn more about what the Guild is doing, or have questions or concerns, please reach out to office@albanyguild.org.

On Wednesday, Guild members voted 26-0 to have the company’s buyout offer put on the table for the consideration of individual members.

This vote is a mandated provision of our contract, in which the company must first pursue buyouts before considering potential layoffs, which must be done in reverse seniority order (first in, last out) in each job title.

The company’s offer calls for two weeks pay for every year of service with a minimum of 4 weeks pay and a maximum of up to 62 weeks. Years of service would be calculated as of May 1, 2019 and would not include fractional years.

Concurrent health care coverage would be capped at 52 weeks, even for those who qualify for the buyout beyond 52 weeks pay. Those who choose not to accept that health care would not be bought out for any portion of the value of that declined coverage.

Anyone who would like an exact buyout figure should request one from HR immediately. The deadline for applying for a buyout would be the end of the business day on June. 7 with Human Resources. Filing an application in no way obligates the person to accept a buyout, if offered. The company has sole discretion over accepting or rejecting any and all buyout applications. Anyone who signs a buyout offer has seven days to withdraw it, should they choose.

The company will not challenge unemployment claims. And those who accept buyout payments can preserve their unemployment eligibility if they hold their release form until 22 days after their last day of employment and then sign it, according to Human Resources.

We suggest anyone with questions in this specific regard contact HR as well as their local state unemployment office to ensure this situation. To receive the buyout, workers would have to sign a perpetual release that indicates the worker will make no future claims against the company.

Dear Colleagues,

As some of you may have already heard, I will be leaving the Albany Times Union on Friday, May 31, at which time I will also be stepping down as president of the Albany Newspaper Guild.

I understand these are frustrating and challenging times, given the repeated downsizing at the newspaper as many people find themselves juggling multiple duties while the wage freeze enters its twelfth year.

As I depart, I want you to know that efforts to negotiate a new contract were continuing, quietly and behind the scenes, in hopes that such an atmosphere would be conducive to allowing both sides more complete freedom of expression without the pressure of heightened public expectations.

I regret that this approach, while yielding some areas of consensus, was unable to reach an agreement, given that some items discussed were simply deemed too valuable to put on the table at this time.

Given all this, your Guild contract still retains valuable protections and benefits, especially at a time when the entire newspaper industry is under incredible stress, with many papers changing ownership, shedding staff dramatically or slashing wages.

This contract still retains seniority benefits and protections against outsourcing of work, which if lost could expose the longest-tenured staffers to job loss to newer hires or to outside contract workers. The contract still retains defined benefits for vacation days, personal days, and make up days.

And it also provides substantial financial benefits should workers decide to accept buyouts, or lose their jobs involuntarily, protections that many other workers in other industries do not enjoy.

The defined-benefit pension plan, which is provided to all Guild members after five years of work, is become all too rare in the modern U.S. economy that is shifting the risk for retirement planning to the individual worker.

In the days ahead, your Guild board will be deciding how to tackle the contract challenges that have proven so difficult to resolve. They will need to know what you think. You will need to know what kind of choices might have to be made. If you hear about Guild events, try to attend. And remember, the benefits of the contract, imperfect as it currently is, will ultimately be as strong as the Guild itself.

As I leave, I wish your Guild officers a sense of renewed purpose and the member support they will need to determine how to best navigate the path ahead, which will present its own set of new challenges as this industry continues to adapt to changing times.

Sincerely,

Brian Nearing
President
Albany Newspaper Guild

The Guild will present the company’s buyout offer for the consideration of its members on Wednesday, May 29 from noon–1 pm & from 5–6 pm in the executive conference room on the 2nd floor. A “yes” vote means that the offer can be considered by individual members.

Under the terms of the current Guild contract, the company first make a buyout offer to workers who are willing to leave prior to pursuing any potential layoffs.

The company’s offer calls for two weeks pay for every year of service with a minimum of 4 weeks pay and a maximum of up to 62 weeks. Years of service would be calculated as of May 1, 2019 and would not include fractional years.

Concurrent health care coverage would be capped at 52 weeks, even for those who qualify for the buyout beyond 52 weeks pay. Those who choose not to accept that health care would not be bought out for any portion of the value of that declined coverage.

Anyone who would like an exact buyout figure should request one from HR immediately. 

The deadline for applying for a buyout would be the end of the business day on June. 7 with Human Resources. Filing an application in no way obligates the person to accept a buyout, if offered. The company has sole discretion over accepting or rejecting any and all buyout applications.

Anyone who signs a buyout offer has seven days to withdraw it, should they choose.

The company will not challenge unemployment claims. And those who accept buyout payments can preserve their unemployment eligibility if they hold their release form until 22 days after their last day of employment and then sign it, according to Human Resources.

We suggest anyone with questions in this specific regard contact HR as well as their local state unemployment office to ensure this situation.

To receive the buyout, workers would have to sign a perpetual release that indicates the worker will make no future claims against the company.

Pension benefits and accrued benefits, such as vacation time, makeup days and personal days are guaranteed by our contract, and would be paid at the time of the buyout. Commissions would be included in the buyout calculation for advertising sales staff.

Under our contract, members must vote on whether this package should be offered for consideration. If the buyout offer is rejected, then the company can initiate layoffs. Under the contract, layoffs would be based on reverse seniority order (first in-last out). The company would have to give 45 days advance notice to anyone subject to layoff, or provide 45 days pay, per our contract.

This vote is open only to members in good standing, which means that you have signed a News Guild union card and a dues checkoff card. If you have any questions on your status or the buyout offer, please contact your Guild officers: Brian Nearing (x5094) Amanda Fries (x5353), Marianne Mahr (x5589), Rob Gavin (x5064), Mark Hempstead (x5675), and Jeff Boyer (x5429)

The language of the buyout is on the reverse side of this flyer.