Rather than negotiate a fair contract with its employees, the Times Union is trying to position itself to claim the parties are at an impasse so  it can impose the elimination of seniority rules for layoffs and start outsourcing jobs.

In George Hearst’s latest e-mail to employees, note he said the Company is dedicated to reaching “an expedient resolution.” Not a good resolution or a fair resolution, but an expedient one.

In the letter to Guild President Tim O’Brien, you’ll notice a much more negative tone and a claim the parties appear to be at impasse.

The parties are not at or near an impasse. There are plenty of issues left on the table for us to discuss, from an increase in the pension fund contribution to commissions to upgrades. Hearst himself lists a half dozen issues.

In addition, numerous questions have arisen over the Company’s proposals on the two issues it has described as core ones for these negotiations. Their proposals have been altered as of the last round of sessions, and we need to carefully review the latest version of their proposals and how they would affect our members.

“We have never said we will not reach an agreement on any of the issues on the table,” O’Brien said. “But we have an obligation to represent our members to the fullest and to make sure we understand what every word in a proposal means. Once you reach an agreement, you are bound by those words and cannot later claim, ‘Well, we really didn’t know what that meant.’ When the language is about outsourcing and seniority for layoffs, it is very important that every word in an agreement be carefully considered.”

If the Company attempts to claim we are at impasse, we will immediately file a complaint with the National Labor Relations Board because it is demonstrably untrue. If the Company then says it will lay off people outside of seniority, we will immediately file a second board charge and seek an injunction.

Yes, we have been bargaining for nine months. The prior contract took two years to negotiate. Other unions in the plant have recently taken 15 months to negotiate. The amount of time spent bargaining is not an indication of impasse. And in fact, the Company did not really start bargaining in earnest until it issued the notice it would cancel the contract, a little more than a month ago.

And note what else George says in his memo: He wants to meet daily, but he has no intention of moving. In a sentence, that sums up the Company’s whole cynical game: Blast the union for not meeting daily, but refuse to bargain if we do.

You’ll hear George complain a lot about not meeting as often as he would like. What George doesn’t acknowledge is he was told that if he canceled the contract, it would temporarly cut our revenues and we would have to cut back on time spent on union leave. Knowing this, he canceled the contract anyway.

And, frankly, those of us on the Bargaining Committee want to spend some of our time doing our day jobs. The Company already targeted one of our committee members and tried to argue she had to hit the same advertising sales goals even if she was spending “every day” in bargaining as George wants. So that’s the Company’s position: Let’s meet every day, and let’s then say you’re a slouch at work.

Sure, the Company can meet every day. It has two out-of-town corporate lawyers on the payroll it can summon at short notice. The Guild’s expert advice comes from International representatives who work for many locals at a time, and we can’t simply order them to come to Albany the next day. At this stage, we will not bargain without an expert with us for every session, just as George would not bargain without his lawyer present.

“We know the Company wants to implement layoffs soon. It can do so under the current language,” O’Brien said. “Just because the Company wishes it had different language now does not mean it can force an impasse to get what it wants. The Times Union needs to continue to bargain in good faith until all the issues at the table are resolved and final language is agreed upon. While we certainly would like an agreement sooner than later, our first task is to get a fair agreement for our members that is carefully and wisely considered, not just expedient.”

At the just-concluded annual meeting of the Capital District Area Labor Federation, delegates passed a resolution supporting the Guild. The meeting drew more than 140 delegates and guests, and the resolution passed unanimously.

“The Capital District Area Labor Federation supports the Guild in its fight to keep experienced, loyal employees at work and to keep jobs from being outsourced; condemns the Times Union’s decision to cancel the union’s contract; and urges the newspaper’s management to abandon the destructive path it has taken,” the resolution reads.

It continues: “This body will stand in solidarity with the union and will support any and all boycotts, picketing or other efforts necessary to achieve a fair outcome.”

The Times Union’s effort to gut worker protections drew loud boos from the audience.  The Capital Region has the highest union density in New York State, meaning that the newspaper’s circulation and its advertisers’ profitability is based on the support of union households.

As many of you already know, employees are being informed as to whether they are being given the buyout. Some will be leaving the newspaper’s employment on April 30.

The breakdown of applicants we’ve received is: nine in advertising, eight in editorial, two in the business office and one person in circulation. The Guild prefers that people getting the buyout let their colleagues know, rather than us disclosing it immediately. Some people openly discuss it; others like to let it be known only as they are heading to the door. We respect their wishes.

We’ll provide an official breakdown of what positions folks held once the final news is delivered. We’ve yet to hear of anyone turned down.

We are losing many good people, but we appreciate the fact that they get to go voluntarily and with some extra pay and health insurance. All of them leave with our best wishes for success in whatever path they choose.

The Albany Common Council approved by a 14-0 vote tonight a resolution to support the Newspaper Guild of Albany in its fight for a fair contract with the Times Union.

All 14 sponsored the resolution; one council member was absent.

“There needs to be give and take on both sides, and I think the Newspaper Guild has done that,” said President Pro Tempore Richard Conti. Conti noted that the newspaper industry is challenged, but added: “Those challenges don’t mean you don’t work with your employees.”

Councilman Corey Ellis asked where the city of Albany would be without the Times Union’s investigative reporting. “Union busting is disgusting, and that seems to be what is going on here,” he said.

Councilman James Sano noted he had called Publisher George Hearst and urged him not to cancel the Guild’s contract. “I find it disgusting not to have a contract,” he said. “Hopefully Mr. Hearst will come to his senses.”

Councilwoman Cathy Fahey said she has the deepest respect for the work done by Times Union employees.

“It means so much to me and my family to have the great work of the reporters of the Times Union,” Fahey said. “If these jobs are outsourced or done by freelancers at cut-rate prices, that important work won’t be done. People who have given years and years of their lives to a business should be supported.”

Councilman John Rosenzweig said he found it ironic the newspaper is raising its price while gutting its content.

Noting she grew up in a union household, Council Majority Leader Carolyn McLaughlin said she was glad to support the resolution and said the Guild “has shown a level of fairness we can appreciate.”

Council member Joseph Igoe recalled both his grandfathers were union printers. He called on Times Union management to work with the union not against it.

Councilman Michael O’Brien, who is no relation to Guild President Tim O’Brien, said the newspaper should practice what it preaches.

“I just find it ironic that the TU, which is constantly commenting on the economic health of the Capital District, would outsource work,” he said.

Guild members Ray Pitlyk and Danielle Furfaro spoke to the council prior to the vote. They were joined by Bill Ritchie, a member of both the executive board of the Albany Public School Teachers Association and of the board of the Capital District Area Labor Federation.

“We are talking about a strong effort to crack the legitimately organized union at the Times Union,” Ritchie told the council. “We want to have a viable economic community. The whole idea of destroying unions, of taking jobs outside of the Capital District, is something we are opposed to. This is no way to treat working people.”

Guild members took to Wolf Road Saturday to distribute fliers outside Lazare Kia and Lincoln Mercury.

The union did not call on customers to boycott the business, but did ask that they advise the advertiser of what was happening at the Times Union.

One Lazare customer turned out to be R. Victor Stewart, a past president of our local. He drove into the lot and told the sales people why there were people in bright red shirts outside on the sidewalk. (He had not known in advance of the mobilizing event, but proudly pointed out to the dealership he had purchased his car there.)

The Guild is ramping up its public campaign. An advertisement ran in Metroland Saturday, and a Guild supporter spoke to an Albany neighborhood group and a gathering of union leaders this week.

It is unfortunate these steps need to be taken, but the Company was well aware what it risked by canceling the contract.