The Times Union broke the law when it walked workers out of the newspaper’s offices when it was supposed to be negotiating criteria for layoffs, the National Labor Relations Board has charged.

The newspaper is now charged with violating labor law and will face a trial scheduled for Monday, May 17, at the Leo O’Brien Federal Building in Albany.

“From the moment it happened, we said the Times Union’s actions were a blatant violation of the law,” said Guild President Tim O’Brien. “Now the National Labor Relations Board has investigated and come to the same conclusion. This is no longer an argument between the newspaper management and the union. This is the equivalent of an indictment of the newspaper’s management.”

A 22-year employee of the newspaper, O’Brien said he had never been more stunned by the actions of the company. Last July, TU managers walked employees to the personnel office, where a security guard was stationed, and told them their careers were over.

Editor Rex Smith then announced to the newsroom that the workers were laid off, and the newspaper’s story the next day called the discharges layoffs. The Company then claimed it was continuing to bargain the layoffs in good faith, but it made not one change before announcing those talks at an impasse.

The NLRB investigation took time but came to the same conclusion the union did: The Times Union broke the law.

“A newspaper plays a very important role in the community. It holds people in power accountable for their actions,” O’Brien said. “Now the Times Union itself must be held accountable for its actions.”

If the administrative law judge finds the Times Union guilty as charged, the newspaper will be ordered to restore a dozen laid-off workers back to the payroll and to resume good-faith negotiations over the criteria.

“The Times Union must bargain with us and not simply present us with a fait accompli,” O’Brien said. “That’s not legal. We take no pride in seeing the Times Union charged, but a newspaper of all businesses should not believe it is above the law.”

The Guild’s Executive Board will meet at 5:30 p.m. today at its offices in the Albany Labor Temple and will set a date for a membership meeting to discuss the legal action and to elect two new members to our Executive Board.

A young colleague asked me a question that might be on other people’s minds as well: What’s the benefit of having a union under the current circumstances?

Here is essentially how I replied:

I know things seem quiet. There are no more talks of layoffs or benefit cuts. Why do we need a union?

And I’d answer that question this way: Things are quiet now because we have a union, and the benefits aren’t being cut any more because the company literally cannot do so.

Almost a year ago, as you know, the company ended our negotiations and imposed working conditions. Under the law, those conditions must come from the company’s final contract offer. Once imposed, the company can make no further changes without negotiation with the union. Any and all other benefits remain the same.

That means the company cannot cut people’s pay. Without a union, they could. (Remember, they wanted to eliminate the “no pay cuts” clause but did not succeed.)

The company could not decide to raise the $750 health insurance deductible to $1,000. Without a union, they could.

Same with vacations, differentials for working nights or any other benefit. You have a union, they cannot be cut. No union, they can.

When the company decided to lay people off, remember they initially did not want to offer a voluntarily buyout. We pushed and got one. Because we did, some people left voluntarily with extra cash. Because we have a union, fewer people got laid off. No union? More layoffs. No voluntary buyouts.

I am amazed how swiftly people forget that.

And because we have a union, those who got laid off got severance pay and health-care coverage. Again, no union, those things are not guaranteed.

Let me tell you two stories about where specific benefits came from. Reporter Brendan Lyons, after having his first child, asked why we did not get any paid time off and had to use vacation. I took that issue to the bargaining table, and now we get a paid week. The benefit wasn’t just handed to us; it was bargained.

Carol Farley, who works in advertising, came to me and ask why managers but not Guild members got financial help to adopt a child. Carol, along with Mark McGuire and another employee, came to the table and argued passionately that adoption of a child was no time to discriminate between exempt and Guild employees. They were convincing, and the benefit exists today.

Without a union, no company comes to employees and says “What benefits would you like us to add?”

Even in the imposed conditions, we won some new benefits. For example, people can now donate time to a seriously ill colleague. This benefit arose when we had several co-workers died of cancer, and people wanted to donate time but were not allowed.

All these benefits continue to exist because the union is here to protect them.

We’re still active in many other ways. We helped an advertising employee who was disciplined for not selling enough online ads (even as she brought in six-figure print ads.) There is a worker in circulation I am helping now. There are several other issues in circulation I am dealing with.

If you want to talk to someone about why the union still matters, talk to Mark and Tina DeCenzo. They will tell you flat out Mark is still here thanks to me and the Guild. The TU wanted to lay Mark off and outsource his job. With his help, we convinced the company he was doing more work than he was credited for and the Connecticut print shop wasn’t up to his standards.

Or talk to some of the folks who were laid off. They still think highly of the union. They got severance and health care for months, and we are still fighting for them because walking people out when we were negotiating criteria is illegal. (That’s not just me. The National Labor Relations Board is about to charge the TU with breaking the law.)

The Guild was and is willing to be flexible on the issue of seniority. We offered to let the company identify strong newer employees to keep and older workers with weaker skills to let go. We are and continue to be willing to go further. But we also think about the impact of being laid off late in life, when your odds of finding a new job are slim and your need for health care is great. We know of one laid-off employee who has diabetes, has been unable to find work and is about to lose health care. That’s a formula that can lead to losing a home or bankruptcy. Should seniority be the decisive factor? No, but I’d argue it should be given some weight.

I was, by the way, the last one hired when the company announced years ago it was closing the Knickerbocker News and merging it into the TU. I thought I’d lose my job. It’s a scary feeling one never forgets.

So, yes, there are still great benefits to the fact the union is here. Without us, the company could remove those benefits at any time. Even under imposed conditions, they cannot.

-Tim O’Brien.

After many years of dedicated service to the Guild, Ray Pitlyk has decided to stop down from his role as chief steward.

“Ray has been invaluable. He has worked very hard and helped many, many members over the years, often during the most difficult moments of their working lives,” Guild President Tim O’Brien said. “The Executive Board respects his service  and dedication.”

The position is an elected one. The Guild plans to schedule a membership meeting, likely in April, for a vote to replace that position and a vice presidential seat left vacant when Sarah Diodato was promoted to an exempt job.

The Executive Board already has discussed revamping the grievance process to lessen the workload on any one person. The Guild will appoint a grievance committee, which the newly elected chief steward will chair. Working with the chief steward, the committee will examine issues as they arise and make recommendations to the board as to whether a grievance or other legal action should be taken.

If you’re interested in learning more about becoming a steward, or in serving on the grievance committee, contact Executive Board members Tim O’Brien, Mark Hempstead, Dan Roesser, Lindsay LaFountain or John DeMania.

This is an important reminder for anyone who finds themselves called in for a meeting that turns out to be disciplinary.

You have a right to be represented at a disciplinary meeting by a union steward. If your boss tells you he or she is putting a letter in your file or is writing up a “performance improvement plan,” you have a right to be represented during that discussion.

But here’s the thing: You must exercise the right. The Company doesn’t have to remind you of your rights or tell you to get a steward. You have to say you want one. Once you do, the meeting cannot continue until a union steward is present. You have a right to leave or not attend if your request is denied.

You have the right to ask for a steward at any point in a meeting. If what you thought was a casual conversation turns into a discussion of your job performance, you can say at any point “I respectfully request union representation.”

These rights are so important, we spell them out on the back of your contract. Still, we’ve had recent examples of Guild members coming to us when they’ve already been disciplined, sometimes more than once. It’s much easier to represent your interests when we are present from the beginning so don’t hesitate to stand up for your rights as an employee. We’ll be glad to be there for you.

The Times Union is proposing to eliminate a benefit to district managers, and the Guild is investigating whether that action would violate the contract.

District managers receive a flat weekly allowance for the use of their cars, with the amount varying depending on what depot they work from. The contract language, which is still in effect, says that the allowance can be dropped if the employees are transferred to another district or “there is a marked reduction in their districts or mileage driven.”

To investigate the Company’s action, the Guild is asking the Company to document the factual basis for its action for each and every district manager. Once we receive that information, we will review it with the affected personnel. We will then determine whether the Company’s action is in violation of the contractual language.

The amount district managers receive each week can vary from approximately $15 to $30 a week. District managers now oversee not just the delivery of the Times Union, but The Record, Gazette, Saratogian, NY Times and other publications as well.

“The Company cannot just unilaterally decide to end a negotiated benefit,” said Guild President Tim O’Brien. “It must follow the contractual language. It is the Guild’s role to investigate any proposed changes in benefits and to determine whether those actions are permissible under our contract.”

The union has invited district managers to provide their input, and it will continue to keep them advised throughout the discussion.