Re-post from TELLZELL.com

(Originally posted on tellzell.com less than 6 months ago)
An echo to Steve Grant's Testimony
Thursday, September 18, 2008
Touching a Nerve

All right, the Retch knows he's way late on this, but the Dan Neil et al. lawsuit seems to have touched a nerve. Who knew that Sam Zell -- more likely the thin-skinned Randy Michaels -- cared so much? First, check out the language of the email that Zell sent out to let employees know about the lawsuit:

There is a difference between questioning authority or challenging the "business as usual attitude," and maligning the company in public. That's just bad judgment and does no one any good. It's a distraction that's unnecessary.We are partners. We need to act like it. Sam, the time for "acting" like partners ended when you cursed at us; when you denigrated us; when you told us we were overhead; when you fired reporters; when you cut back newshole; when you deprived our readers of information about their lives to make the payments on your over-leveraged debt.

Partner, in case your dictionary knowledge is as lacking as your lackey's grammatical knowledge, is a word which implies equality. But you have never acted as an equal. We have no power. We have no say. We have never been consulted in a single action that you or any of your cronies have taken in dismantling the Tribune Co. So stop fucking call me your partner. It's patronizing. It's demeaning. And it's wrong.

Then there's the language of the actual press release. The lawsuit is filled with "frivolous and unfounded allegations." Yet Zell mentions not a one. And then he declares himself "outraged."I don't honestly know where this lawsuit will lead. And I fear that, like most lawsuits, it will be two, three, four years before we find out, by which time Sam will have looted the pension, driven off or fired the best workers and turned the Tribune Company into a television network featuring Bozo 90210 and a few newsletter-sized newspapers.

But I do know who should be outraged. And I know it's not Sam Zell.The attorneys response to Zell, in a similar vein, follows in his email to Tribune employees earlier today, Sam Zell dismissed the allegations against him and his co-fiduciaries as “frivolous and unnecessary.”
“We are partners,” the email continued, “we need to act like it.”This statement is a standard Zell response: lacking in specifics and filled with vitriol. The complaint is detailed and the allegations are correct. The complaint asserts that the Tribune ESOP has not provided the rank and file employees with a detailed justification for the Zell acquisition. Ask Sam: where’s the detailed justification? The Tribune pension administrators have not provided the retired Tribune employees with an explanation as to why the pension plan was supposedly over funded by $400 million. This explanation is particularly necessary given the current downturn in the stock market. Ask Sam: where’s the explanation?

The directors have established a conflict of interest policy for related party transactions. Ask Sam: explain how the conflict of interest policy has been followed with HIS relatives?The current and former Tribune employees are not “all in this together” with Sam Zell. The rank and file employees have their jobs and their current and future retirement plans tied up by the machinations of Zell and his co-fiduciaries. Their salaries are low and they see many of their colleagues being let go on a monthly basis. On the other hand, Sam Zell has billions of dollars and does not have his livelihood at stake. For example, Zell’s upcoming birthday party will feature The Eagles. Ask Sam: how many of his “partners” are spending their birthdays in a similar fashion?

Speaking of “maligning the company in public,” we ask that journalists covering this story consider Sam Zell’s prior comments denigrating print journalism. Imagine if the Chairman of Procter & Gamble stated: “I don’t use Ivory Soap. I hate Ivory Soap.” Despite it all, these newspapers are continuing to produce great journalism.Zell’s comments fail to acknowledge the billions of dollars in debt he caused the Tribune Company to incur, necessitating both the layoffs and the diminishing content of the Company’s newspapers. It is unfortunate that, in typical fashion, Sam Zell is ignoring the rights and neglecting the best interests of the hard-working Tribune employees, whom he cynically refers to as “partners.” Rather than working with his “partners,” he is tearing the company down, brick by brick, and selling it off, in an effort to pay down the massive debt he improperly encumbered the company with.

We look forward to cutting through Zell’s self-serving, out of touch rhetoric and fighting for our clients – the Tribune’s real and rightful owners – in court.In these turbulent times, fiduciaries must act in the best interests of their employees, particularly when they are the “owners” of the company. Zell and his co-fiduciaries have utterly failed to do so as more specifically described in the complaint.
"Partners don’t treat partners like Zell treats the Tribune employees".
(end of post)

Where have you gone inkstained wretch? Your wisdom is greatly missed by all!

Ex-Times reporters sue Zell

Kevin Roderick

I'm told that lawyers representing current and former Los Angeles Times newsroom staffers are filing a class-action federal lawsuit against Sam Zell and Tribune this morning in Los Angeles, alleging breaches of fiduciary duty, conflicts of interest and other violations of ERISA, the law that safeguards the proper handling of retirement benefits like pensions and trusts. The plaintiffs include several familiar bylines and at least one current Times star. A team has been looking into Zell's leveraged takeover of Tribune almost since he used employee money to get the company.

Details to come.

(Click here for full story)

NUFF SAID!

http://laist.com/2008/07/25/la_times_employees_bite_back.php
http://www.mediabistro.com/fishbowlLA/zell_watch/zellotry_at_the_la_times_90134.asp
http://www.tellzell.com/2008/07/dispatch-from-trenches.html

The First Annual Save Our Trade "BIG CAJONES" award goes to................?

Editorial Meeting with the Teamsters

Our colleagues in Editorial have taken the first step in having an actual voice in their newsrooms. On Tuesday July 22nd, a group of Editorial employees met with the Guild, this evening, at their request, a group met with our Teamster Representatives. This was the bold first step it takes to determine what they will do next.

I would describe this afternoon's meeting as a great start. I was reminded of our early organizing meetings, and where we are today. I have no doubt, another negotiating table is already waiting!

Our Organizer Marty Keegan opened the meeting explaining what role the Teamsters would play in organizing our Editorial department employees and the role the employees must play in order to successfully protect their interests.

Wrongfully terminated, Santa Barbara Newspress Writer, and former Los Angeles Times Writer, Dawn Hobbs attended this evening's meeting to address the attendees and give her personal account of what has taken place in Santa Barbara and the role the Teamsters have played during their ordeal. A video was shown highlighting their struggle against Owner Wendy McCaw and the numerous actions taken on behalf of the writers. Along with the Teamsters and Attorney, Ira Gottlieb, the writers have won in the NLRB and in Federal Court, numerous ULP'S (unfair labor practices) and Court rulings, including the decision ordering Wendy McCaw to reinstate these terminated writers with full back pay, benefits, and contributions to their retirements. "We knew the Teamsters were the right Union to represent us, and there was no other choice" Dawn Said.

I was very pleased to meet everyone who attended this evening and look forward to meeting many more of our colleagues from editorial very soon. This meeting is one that I have looked forward to in anticipation for quite some time now. I was invited by Marty to share our experiences in organizing our pressrooms and also gave a brief summary of negotiations.
A point I clearly made was that together, with Teamster representatives, we can both increase our ability to negotiate fair collective bargaining agreements, and effectively support each other during negotiations. I also pledged our assistance and support to get their organizing campaign off the ground and to help"immunize" them from the union busting tactics the company used on us, and will most likely begin to force on them.

I again used Newsday as the model for what we can, and should seek to accomplish here at the Times in order to deliver Sam the fight he deserves. The Teamsters represent the pressroom, editorial, machinists, mailers and drivers at Newsday. This is our goal, unfortunately minus the drivers. Best of luck and prayers for all of them and their families, we consider them family first, longtime friends and Teamster brothers and sisters.

The meeting closed with the understanding that a decision has to be made as to who will represent their interests at the table, and a future meeting soon once that decision is made, should that decision be Teamsters. The attendees will be communicating with their colleagues to arrange a meeting amongst themselves to reach their decision.

As many of you already know, The L.A. Times failed to re-new their contract with Ryder, again affecting the men and women formerly employed by the Times to deliver our newspaper. That decision left us wondering, was this purely economics or the company's way of reducing Teamster presence at the paper? Sam Zell doesn't want you to organize, and he certainly don't want you to organize with the Teamsters.

As reporters and writers, you are the Los Angeles Times, it all begins in the newsroom.

Thanks to the InkstainedRetch for making the meeting information available online and for encouraging this movement. I acknowledge that the Retch is neutral, and also acknowledge the contribution Tell Zell has provided to all of us.

Fraternally,
Ronnie Pineda

Another Debt that won't get paid!

This goes out to the 250 unfortunate employee/partner casualties throughout the Los Angeles Times that visit TELL ZELL and to the inkstainedretch for his commitment to both the newspaper and peers in editorial. Keep up the good work Retch, the number of people speaking out is growing, all the while staffing continues to go down.

In Solidarity, From your brothers and sisters in the Pressrooms!

Negotiations Update

Tribune's announcement of 250 (MORE) employee cuts here at the Los Angeles Times has been a concern for pressroom employees, having just gone through buy-outs a couple of months ago. We lost another 27 presspersons and 4 pressroom utility employees at that time bringing our pressroom staffing to approximately 250 bargaining unit employees between the two pressrooms. Negotiation Committee brother Keith Denson asked if the pressroom was again targeted in this round of cuts, to which the company's lead negotiator responded, we are not. That should be of comfort to many of us who survived the last round of buy-outs. Lets hope that our industry levels off, or begins to improve at some point soon to establish and maintain some stability to our staffing levels in all departments.

Our first order of business was to address the merit based wage increases currently being given to production employees. The company representatives explained that the raises are a new merit based wage increase "HYBRID". HUH? Yeah we were puzzled too.

We have given an information request to the company pertaining to the wage increases and informed them that we would accept a wage increase along with all production employees as was done last year and will continue to bargaining wage increases in the interim.
We will have more on this matter at our next session on the 16Th when we receive their responses to our info request.

"ScabSchool" is what our representative Sonny Shannon called managements paster make-up training on Tuesday morning. As far as supervision learning to make straight-line paster make-ups, we were told it was for training purposes. The company's lead negotiator reiterated a previous statement he made months ago that the company will do whatever it needs to do to get a newspaper on the street. That lead us to believe that management was concerned over a suggested "sick-out" on Wednesday, July 9Th posted on inkstainedretch's TELL ZELL blog, and the possibility that we may, in sympathy, participate in this sick-out. I commented on this type of action, and the dangers they pose to employees on Ed's blog and Tell Zell. Can you say Paranoia?

Again, the issue of assigning presspersons on crews in the event of absences was addressed. It was the company's original model that when an individual on a crew is absent, all crew members below the absent individual move up on the crew ladder until the absentee's position is filled. Presspersons added to the crew after this climbing procedure, back fill the vacant positions vacated by the crew members that moved up. We asked that the supervisors at both plants adhere to this process. Names of affected employees and examples were given to management to investigate. Seniority must be honored in placement on crew when multiple positions on a crew require back filling with the most senior filling the higher vacant spot until all crew positions are staffed. Company response to follow.

Some good news for the Mitchell Family. As some of you were made aware from a previous post, brothers Myron Mitchell and Otis Miller were force transfered to Orange County as a result of the recent pressroom buy-outs. Both Myron and Otis reside in Palmdale which is approximately a 2 hour drive, one way. The commute and fuel prices forced these men to remain close to the plant and share a room locally, and to my surprise, occassionally, sleep in their automobiles. In Myron's case this will change as he will be returning to the Olympic Plant on Thursday July 10th. I would like a volunteer from L.A. that resides near the O.C. plant to consider transfering down to O.C. to allow Otis to return to Oly, and like Mitch now, return to his family nightly. Contact me if you would be willing to exercise your compassion for a brother and his family.

There were a couple of other housekeeping issues, one, regarding my crew specifically and a fellow crew member's ability to float vacation days.

Contract language update to follow (all good news), I really need some sleep! Come back to this post later today to continue.