The Washington Post obtains dismissal of refusal to bargain

Client(s) Washington Post Company, The

On behalf of The Washington Post and Washington-Baltimore Newspaper Guild Local No. 32035, Jones Day obtained a dismissal of refusal to bargain allegations central to the General Counsel's Complaint. Finding that the contract language, including the agreement's zipper clause and bargaining history constituted a waiver by the Guild of any right to engage in mid-term bargaining, the ALJ found that The Post did not violate the Act by refusing to bargain over the effects of its decision to have its reporters provide content to Washington Post Radio; that The Post did not violate the Act by its decision to negotiate compensation and other terms and conditions of employment directly with such reporters rather than by bargaining with the Guild and that the newspaper had no obligation to bargain over the effects of assigning additional duties to certain employees because such duties did not constitute a material and significant change in job responsibilities.

The Washington Post and Washington-Baltimore Newspaper Guild Local No. 32035 a/w TNG Communications Workers of America, AFL-CIO-CLC, Case Nos. 5 CA-33037 and 33503, 2008 WL 2901587 (N. L. R. B. Div. of Judges July 18, 2008)