Judge Rejects Unionbuster's Ploy to Block Arbitration at Memphis Newspaper

Memphis – Unionbuster Michael Zinser and the Memphis Publishing Company were dealt a huge setback – and incurred the criticism of a federal judge – in their attempt to undermine existing labor law and labor relations policy at the Memphis Commercial Appeal and at other newspapers.

In a strong rebuke to management's and Zinser's tactics, a federal district judge rejected the company's refusal to arbitrate grievances at the newspaper. 

"National labor policy favors the arbitration of labor disputes," said Judge J. Daniel Breen in finding for TNG-CWA Local 33091 and ordering the newspaper to accept arbitration on five outstanding grievances which were filed after the contract's expiration in early January 2004. 

Negotiations for a new contract had been underway for eight months in 2004 when management challenged the contract's "evergreen clause," which keeps in place the grievance process and arbitration of disputes, as well as dues checkoff, while bargaining for a new contract continues.

TNG-CWA President Linda Foley said the judge's decision "confirms that the best labor relations policy is one that respects the relationship between the union and management." Zinser's strategy of trying to destroy this practice was dealt a severe blow, she said.

The grievances ranged from work assignments to unfair suspension to the wrongful layoff of a newspaper employee and union activist.