The National Labor Relations Board authorized a request this week to seek a temporary court injunction against the Pittsburgh Post-Gazette for allegedly violating its workers labor rights.
Union representatives said the move could put an end to the 19-month strike carried out by journalists and production workers at the paper.
The board’s request to seek an injunction was authorized on Tuesday, according to the NLRB website. An NLRB spokeswoman said the agency is authorizing its Pittsburgh regional director to seek the injunction.
Zack Tanner is the president of the Newspaper Guild of Pittsburgh, which represents journalists at the Post-Gazette.
He said an injunction would be a “significant, enforceable movement,” and that it takes considerable evidence for the NLRB to even seek one against an employer.
Post-Gazette journalists, mailers, production workers and advertising staff have been on strike since October 2022, in what is considered the longest media strike in the digital age.
Tanner said injunctions are rare — the NLRB has only sought injunctions twice so far this year, including the Post-Gazette case. He said the union believes the case will come down on their side if the NLRB takes such a rare stance.
“Today’s signal that the NLRB will finally be seeking injunctive relief through the courts is validation that our fight is just and will be won in short order,” he said.
Union leaders said Post-Gazette management should settle with workers to avoid any potential enforcement from an injunction decision, noting that 90% of unfair labor practice cases are settled by agreement.
“Employers cannot be allowed to actively harm workers. The Post-Gazette could settle this and limit their liability at any time,” said NewsGuild-CWA President Jon Schleuss. “The NewsGuild-CWA will continue to fight for journalists and media workers in Pittsburgh and across the continent.”
The Post-Gazette did not immediately return a request for comment.
In January 2023, an NLRB administrative law judge ruled that the Pittsburgh Post-Gazette violated federal law by bargaining in bad faith with its journalists union and unilaterally implementing working conditions after breaking off negotiations for a new contract.
The paper appealed that decision in March 2023, seeking to have the full NLRB board rule on the case.
Waiting on that decision has halted progress at any negotiations between management and the unions.
An injunction means the NLRB is seeking to have the administrative law judge’s ruling enforced before the top board rules on the case, said Tanner. An injunction will be brought forth in U.S. District Court in Pittsburgh.
It’s unclear what the scope of the injunction request will be, but Tanner said it could range from ordering management back to the bargaining table, repaying lost wages of striking workers, or forcing management to revoke its health care and other policy changes that led to the strike in the first place.
He said that could potentially end the strike because that ruling would be enforced by a federal court and the Post-Gazette would have to follow.
The news of the injunction comes shortly after the unions suffered a blow when striking truck drivers represented by Teamsters Local 211/205 settled with the Post-Gazette last week.
The Communications Workers of America — which represents the other Post-Gazette workers still on strike — characterize the settlement as “selling out in secret.” Teamsters Local 211/205 dissolved their union following the settlement.
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