NLRB Judge Rules Hawaii Tribune-Herald Illegally Fired, Harassed Reporters

The Hawaii Tribune-Herald broke the law when it suspended and fired two reporters for their legally protected union activities, a judge for the National Labor Relations Board ruled.

Hunter Bishop had been chairman of the Hawaii Newspaper Guild's Hilo unit from 2000 to 2004 and was a member of the union's bargaining committee and a shop steward until his 2005 dismissal. Dave Smith was a union steward from 2004 to 2006 and a member of the bargaining committee.

Another reporter was illegally suspended and a fourth employee was wrongly disciplined, the judge also determined.

A total of 13 complaints against the newspaper were heard at a trial held in Hilo in October and the judge supported TNG-CWA Local 39117 and its members on 12 of them. In his decision issued March 6, the judge also cited the newspaper for these additional violations:

• The newspaper's ban on union-related buttons and arm bands in the workplace in support of the fired employees;
• Interrogating employees about their own and other employees' union activities;
• Discriminating against union officials by requiring them to request permission before entering the newspaper building;
• Maintaining an overly broad rule prohibiting employees from making secret audio recordings, and
• Failing to provide the union with necessary information about the actions taken against employees of the newspaper.

"It's a big win," said TNG-CWA President Linda Foley, who met recently with local officers and negotiators.  The TNG-CWA is continuing to bargain with management, which had hired L. Michael Zinser, the Tennessee-based union-busting firm, to lead its negotiations. The union represents about 50 employees at the paper.  

The newspaper was ordered to "cease and desist" its illegal and discriminatory actions against Guild employees and their representatives and to "make whole" employees who lost earnings and benefits due to the firings and suspensions. The newspaper was also ordered to reinstate the two reporters and to expunge from the affected employees' personnel files any record of the disciplinary actions.