Thrown into a defensive position by aggressive monopolies, media workers
unions seek new sources of strength.
Bay Area media unions, like those everywhere else in the country, live
today in the shadow of Detroit. Newspaper workers at the Detroit News and Free
Press have been on strike for three years, since walking out in 1995
over corporate demands for deep concessions. Although the National Labor
Relations Board ruled this year that the newspapers' management had engaged
in illegal bad-faith bargaining, a decision that gave strikers the right
to immediate reinstatement with back pay, the two newspapers continue to
run with strike breakers. The sorry state of U.S. labor law allows employers
to appeal NLRB decisions for years through the courts. In the meantime,
only a handful of strikers have been rehired, and there is still no contract
or union at the papers.
The Detroit strike is not an isolated case of union busting, but the key
battle in a long series of labor wars between media workers and the huge
corporations that have come to dominate the industry. The battle of Detroit
was preceded by newspaper strikes in Chicago, New York, Pittsburgh, and
Wilkes-Barre, Pa. San Francisco experienced its share of the conflict with
a 12-day strike in 1994. In the early '90s, NBC (now a subsidiary of General
Electric) took on the National Association of Broadcast Employees and Technicians
in a strike that lasted 19 weeks. As this article goes to press, Disney
has taken up the battle, locking out NABET technicians at the network and
at individual stations across the country.
These labor wars are one product of the increasing monopolization of the
communications industry. Giant corporations like Gannett and Knight-Ridder,
owners of the Detroit News and Free Press, respectively, have deep pockets.
They can afford to run a struck newspaper at a loss for a long period of
time--and they're willing do so, because while they're losing money at
that paper, they and other employers throughout the industry are gaining
overall by creating a bargaining environment in which they can win concessions,
limit the wage and other economic demands of unions, and discourage workers
from organizing at non-union operations.
Increases in wages and conditions are still possible, and workers still
win them. But the overall climate is one in which unions fight a succession
of defensive battles, trying to protect their jurisdictions, the jobs of
their members, and the work rules and conditions established decades ago,
when unions were stronger and the industry less monopolized.
This environment has had a profound effect on Bay Area media workers.
But in northern California, it has been balanced by the relative success
of the newspaper strike four years ago that beat off the local attack on
wages and conditions.
Strikes & Contracts
Photo ©1998 David Bacon Workers locked out by Disney-owned ABC picket at the KGO building in SF.
|
When the San Francisco dailies and their distribution and production
arm, the San Francisco Newspaper Agency, brought in the union-busting
law firm of King and Ballow during 1994 contract negotiations,"We knew what that meant," recalls Carl
Hall, president of the Northern California Media Workers Guild(formerly
the Northern California Newspaper Guild). "We could see the strike
coming."
At the New York Daily News, King and
Ballow orchestrated a five- month long
walkout in the early '90s, which
newspaper unions made a national rallying cry.According
to Ed Rosario, an executive board member of the Bay Area's Web Pressmen
Local 4, the key to winning the New York strike was the strength of the
delivery unions. "Management could replace its pressmen," Rosario
says, "and the people in the newsrooms. But although they could
get a shell of a paper printed, they couldn't get it into the hands of
any readers without the drivers. King and Ballow's whole strategy rested
on trying to break them off from the other unions, and they weren't able
to do it."
After hiring King and Ballow, the San Francisco Newspaper Agency began
firing the young people who walk the paper routes. "First they
get rid of the kids," explains Andy Cirkelis, then secretary-treasurer
of the drivers union, Teamsters Local 921, "and bring in adults
to drive the routes instead, throwing the papers from cars. Then they
get rid of our drivers, since they can get the adults to come pick
up their papers from a central distribution point. Once they weaken
the drivers, it's much easier for them to go after the other unions.
By the time the strike began, however, the San Francisco unions were
well-prepared. Cirkelis had won important community support by defending
the jobs of youth carriers. Even before the strike started, the Council
of Newspaper Unions began preparing to publish its own newspaper, the Free
Press. During the strike, major advertisers such as Macy's and
the Emporium hedged their bets by placing full-page ads in both the
strikers' newspaper and theChronicle and Examiner, which
management continued publishing in much thinner form.
Tensions ran high as management hired over 350 Huffmaster guards and
began advertising for strikebreakers. In Mountain View, Kirk Wilson,
a striking driver, was electrocuted after mistakenly cutting power
lines into an Agency distribution facility. After 12 days, the two
newspapers decided to call it quits.
Hall called the strike "a victory, given what our members were
looking at." Rosario says "they were out to destroy us, and
we stopped them."
The biggest compromise was made by the drivers, who agreed that after
90 days, management could begin to eliminate their jobs by attrition.
For two years after the strike, conflict continued to rage, particularly
between the Newspaper Agency and the drivers and pressmen. In the years
since the strike, the Agency has built a new workforce of largely immigrant
independent contractors to drive delivery routes and throw papers from
cars. While the Agency's intention was to undermine the leverage of
Teamster drivers, these new drivers proved to be more militant than
it expected. They've conducted at least two lightening strikes to push
up pay rates and are now discussing union affiliation.
Each network attempts to gain more concessions
than the other, while the union seeks to
keep job security from becoming a distant
memory.
Finally, last year, the Guild and other unions agreed to an unprecedented contract
extension through 2005, with 3-percent wage increases annually. "I think
the San Francisco papers are interested in avoiding a battle with their employees
when they're going to have to fight a lot harder with Knight-Ridder," Hall
speculates. In the last year, the Knight-Ridder chain has moved its national
headquarters from Miami to San Jose and made the Mercury News its
flagship publication.
Knight-Ridder also bought the Contra Costa Times, giving
the chain a big foothold in the suburbs of the northern Bay Area, and
the Monterey Herald. Newsroom workers at the Herald,
as well as at the Mercury News, are represented by the San Jose
Newspaper Guild. But after taking over the Monterey daily last year,
management fired the paper's Guild-represented employees, telling them
they were free to reapply for their old jobs. Some were rehired; others
weren't. Negotiations for a new contract have been going on ever since,
with Knight-Ridder demanding massive changes in what had been one of
the Guild's best agreements.
Meanwhile, the Northern California Media Workers Guild, with the able
coordination of organizer Erin Poh, finally reorganized the Oakland
Tribune. The Guild unit there was destroyed a decade ago with the
paper's purchase by newspaper magnate Dean Singleton's Alameda Newspaper
Group. In the intervening years, workers at the other papers in the
ANG chain, including the Fremont Argus, the Tri-Valley Herald,
the Alameda Times-Star, the Hayward Daily Review, and
the Peninsula Times-Herald, have chosen Guild representation.
In October, the union finally won a contract covering all of them.
The pay scale is still far below the standard in San Francisco and
San Jose, however, and includes a merit-pay system allowing management
to pay different salaries to workers doing the same job. Merit-pay
systems sound fair, but since they allow supervisors and managers to
give raises at their discretion, they often result in favoritism and
are used to punish workers who speak out for better conditions. But
the Guild nevertheless sees the agreement as a victory, given the intense
opposition it faced for so long, and the chance to improve conditions
over time.
In the past two years, the Northern California Guild has also
won contracts at the McClatchy newspapers in the Central Valley--the
Sacramento, Fresno and Modesto Bees. McClatchy, too, had refused
to renegotiate contracts for years, and the union again agreed to a
modified merit-pay system as the price of renewed agreements.
Broadcasting Battles
Although their struggles have been less publicized, broadcasting
unions are also embroiled in the labor wars. ABC--including local affiliates
KGO-TV and KGO radio--has been operating without a contract covering
its technical staff since the last one expired in March of 1997. Disney,
which now owns ABC, insisted that its health plan be substituted for
the network's union-negotiated medical coverage. ABC, however, refused
to provide details of the coverage, which was recently rejected by
thousands of Disney World employees who have been covered by it for
years.
When ABC's technical union, NABET, struck for one day to force the
network to provide details, Disney locked the workers out across the
country. Strike breakers were brought in to replace them. When union
workers began following the scab crews, holding up picket signs on
camera behind newscasters on location, a California judge prohibited
them from picketing and chanting slogans in the vicinity of the scabs.
Beyond the immediate issue of the medical plan, however, lie deeper
and more difficult conflicts, many of which highlight the impact of
changes in technology and the workforce on media unions generally.
ABC is proposing that NABET members not have sole jurisdiction over
any piece of equipment containing a microprocessor. These days, cameras,
sound boards, and even tape cartridge players have chips controlling
their operation. ABC's proposal would essentially allow anyone to use
most broadcast equipment, seriously eroding the union's control over
the work, and most likely leading to the replacement of NABET members
with non-union workers. In addition, the network wants greater freedom
than ever to use contract workers instead of permanent employees. While
the union represents many daily-hire workers, these workers often don't
qualify for benefits and have no job security.
The use of daily hires has been mushrooming in the broadcast industry.
The contract which expired prior to the present negotiations with
ABC limits the amount of technical work that can be performed
by such workers to 14 percent. At NBC, however, the union was forced
to agree to 26 percent in its last contract, due to expire again next
year. Now ABC wants 42 percent. Each network attempts to gain more
concessions than the other, while the union seeks to keep job security
from becoming a distant memory.
Technicians at the CBS network are represented by the International
Brotherhood of Electrical Workers, as are the technical employees of
local stations KTVU, KRON, and KPIX. Unions which represent
network employees don't necessarily represent the same jobs at local
stations affiliated to those networks. But despite jurisdictional
competition in the past, IBEW members have been prominent in the KGO
picket lines, supporting their fellow unionists in NABET.
The union at public station KPFA, which for years was affiliated with
the independent and progressive United Electrical Workers, decided
two years ago to affiliate with the Communications Workers of America.
Philip Maldari, one of three shop stewards at the station, says that
workers needed more support from their parent union than they were
getting from the UE. Last year, the station's union for the first time
faced a professional, hired negotiator across the bargaining table.
In addition, the Pacifica Foundation, which owns the station, briefly
hired the American Consulting Group, a notorious union-busting firm,
to provide advice on negotiating strategy.
In the end, the union agreed to a new contract with significant wage
raises. New staff members hired to work on specific programs will become
at-will employees, however, with no seniority rights to move into other
jobs if their programs are terminated. While this is standard procedure
at commercial radio and television stations, at KPFA job security based
on seniority had historically been viewed as the tradeoff for considerably
lower salaries. In addition, unpaid staff, who still produce much of
the station's programming, were excluded from the bargaining unit,
and therefore are no longer covered by the union contract's protection.
"We kept our closed shop," Maldari notes, "with no
hiring of casual employees, and maintained job security for the vast
majority. Our old contract had good provisions, but much of it was
unenforceable. So we were very happy, on the whole, with the new agreement,
and with CWA."
The Emerging Front: New Technology
Despite the difficult negotiating environment, Bay Area newspaper
and broadcasting unions have been able to maintain a wage standard
significantly above the salary level for non-union workers. When NABET
organized the Spanish-language KDTV (Channel 14) a year ago, the station
paid technical workers about $8 an hour, according to NABET Local 51
President Kevin Wilson. The unionization drive was a bitter conflict,
with a popular employee fired for union activity and a year spent in
negotiations. In the end, however, workers at the station won raises
of up to 35 percent. "At non-union stations, wages average $10
an hour," Wilson says. "Our scale starts at $22."
In the Chronicle and Examiner newsrooms, salaries start
at over $600 a week, and workers get to top scale--close to $1000 a
week--within six years. The ANG papers pay significantly less. At a
non-union newspaper, wages depend on relations with supervisors and
can vary widely. But the bottom is pretty low--about $400 a week, according
to the Northern California Guild's Hall.
Rebecca Rhine, local negotiator for the American Federation of Television
and Radio Artists, believes that the only way to protect union salary
levels is to find ways to maintain union strength in the face of new
technology. AFTRA represents the on-air talent in broadcasting, as
well as directors, writers, and producers. "In my opinion," Rhine
says, "unions don't have the option of stopping technological
change. But we can ensure that the new jobs it creates are union jobs."
That's still a controversial position in a union town where a mid-1960s
agreement allowing the introduction of new container technology on
the San Francisco waterfront was followed by a drastic decline in longshore
jobs. Harry Bridges, the famous longshoremen's leader who signed the
agreement, also asserted that the union couldn't stop the advance of
technology, but only ensure that the union's strength and jurisdiction
were maintained.
"Sometimes it's a battle with our own members as much as anything
else," Rhine says. "It's hard for people who have done their
jobs a certain way for many years to adjust and learn new skills. People
are always suspicious of anything that seems to increase their workload.
But when we say we want to take on this new stuff and become the most
valuable workforce in the company, our members get it."
Technological changes often bring about conflicts between as well
as within unions--when broadcast employers, for instance, want on-air
workers represented by one union to do work typically performed by
members of other unions, such as editing tape in mobile TV vans or
carrying small videocams.
Most media unions, however, and even some others, are looking hard
at the jobs being created by new, especially digital, technology. Last
year, the Institute for Global Communications became the first union
Internet service provider when the staff voted to join the San Francisco
city workers union, Service Employees Local 790.
AFTRA already represents radio and television personalities and recording
artists, who are often hired to appear on CD-ROMS, and even as voices
in voicemail systems. As a result, the union has been able to sign
contracts with producers of the new media, when its members take the
position that they won't do the work unless it's under union contract,
receiving union benefits.
"For us," Rhine notes, "it's a constant education process.
The good jobs that everyone craves are a result of producers being
forced to respect the conditions the union has established."
Freelancers Unite
Reliance on the activism of members is a hallmark of the media union
that's least traditional in the way it organizes--the National Writers
Union, affiliated with the United Auto Workers.
The NWU is an organization of freelancers who write material ranging
from newspaper and magazine articles to technical manuals to novels
and poetry. Because its members are paid as independent contractors,
it's illegal for the union to try to establish payment schedules--the
federal government interprets that as price-fixing, putting lowly writers
in the same basket as monopoly corporations.
The union has a few agreements with progressive national magazines--including The
Nation, Mother Jones, and In These Times--that
set freelance rates and specify the rights of writers at each individual
publication. The union had a similar agreement with the SF Weekly when
it was independently owned, but lost it after the New Times chain
bought the paper.
Instead of bargaining directly, the NWU relies on providing information
to members, including the official payment schedules of publishers,
sample contracts for the sale of books and articles, and a history
of the problems experienced by writers with different media outlets. "We
focus on trying to change conditions genre by genre," says Bruce
Hartford, the NWU's national secretary-treasurer. "There are way
too many publications out there to bargain with them individually anyway."
The union maintains an active grievance division, which specializes
in collecting payment for writers from deadbeat publications. It also
handles complaints that affect writers as a group. The online database Northern
Lights, for instance, which charges clients for finding and downloading
electronic versions of requested articles, pays nothing to the writers
who produce the articles, and the union has been battling the company
for royalties. It has also carried on a long-running legal fight with
the New York Times to win additional pay for writers when their
articles are published electronically. The newspaper claims that when
it purchases print rights it automatically owns electronic rights as
well.
Here again, the development of a new contract workforce creates the
potential for jurisdictional conflict between unions. On the one hand,
the NWU represents freelancers whose income often depends on selling
articles to publications including newspapers. The Newspaper Guild,
on the other hand, has an interest in preventing newspapers from using
freelancers on an unlimited basis: The work done by full-time reporters
and photographers can easily be subcontracted to freelancers, and at
non-union publications, such as alternative weeklies, it often is.
The Newspaper Guild and the Writers Union have cooperated in the past
and tried to present a common front to newspapers. During contract
negotiations with the Examiner and the Chronicle, the
Guild has asked the papers to incorporate the standard Writers Union
contract language protecting freelancers. Hall says that "the
employers always just say no," while the NWU's Hartford notes
that "the Examiner and the Chronicle use antitrust
law as an excuse to refuse to talk to us directly."
Marcy Sheiner, co-coordinator for NWU's Bay Area Local 3 (the union's
third largest), says local membership is up to about 600. The
local has three divisions, for journalists, tech writers, and authors
of poetry and fiction. In addition to handling grievances, it puts
on seminars to help members with everything from tax problems to contracts.
Toward a National Union?
The variety and number of Bay Area media unions has created space
for experimentation and the development of new ideas about how media
workers can be organized, and how to enforce workplace rights in an
era of rapidly developing technology. But fragmentation is also the
source of enormous weakness, especially given the power of media monopolies.
Some media unions are beginning to merge as a result. The International
Typographical Union, the country's oldest labor organization
(it represented linotype operators in the era when newspapers were
printed with metal type, and now represents workers in page production,
as well as in smaller printing shops) has joined the Newspaper Guild.
And both organizations ceased being independent unions and affiliated
with the Communications Workers of America, the union for workers in
the telephone and communications industry. NABET has also joined CWA.
These mergers are bringing under one roof media workers whose jobs
depend on the network of electronic communications and workers who
build, service, and operate that network. As workers move toward
fewer and larger unions, organized on an industry-wide basis, they
are in a much better position to bargain with huge corporations.
During the 1994 San Francisco newspaper strike, the unions' most potent
weapon was their unity. The papers' various unions belonged to the
Council of Newspaper Unions, and although they had individual contracts,
the agreements all expired at the same time, and the unions negotiated
together. When they struck, they agreed that no union would break the
common front and return to work without a settlement for all the rest.
In contrast, during the ABC dispute, while NABET members picket KGO,
AFTRA members, who have no protection in their contract for refusing
to cross a picket line, continue to do their jobs as usual. The bargaining
power of broadcast unions would be greatly increased if they created
a union council like that at the newspapers, with common contract expiration
dates and protection for workers who refuse to cross union picket lines.
Under those circumstances, it's doubtful that ABC would ever have locked
out its technicians.
Ultimately, it would serve the interests of media workers if they
belonged to one national union, the organizational solution chosen
by media workers in most other countries. The progressive union federation
that rose out of the apartheid era in South Africa, for instance, uses
the guiding principle "one industry, one union."
There is support for the idea: At AFTRA, which is in the process of
voting to merge with the Screen Actors Guild, Rhine believes that "we
should all be in one union," although she doesn't see that happening
in the near future, and the Newspaper Guild's Hall has a vision of "one
seamless, scrappy group," facing media employers.
Ethnic media organizations, including associations of African American,
Latino, and Asian American journalists, in some ways have made more
progress in this direction than unions have: They cross craft lines
and often have a greater connection to communities of color. But they
also include management personnel, and in bitter workplace battles
like the Detroit strike, they experience internal conflicts over whose
side to take.
Newspaper unions have made important connections to the broader
labor movement and to community organizations during strikes. NABET
is making those connections now during its battle with ABC. That's
natural--all unions look for allies when they're under attack. It's
much harder, however, to maintain those connections after the struggle
is over, and harder still to respond to attacks on other communities
with their own sets of issues.
"Like any union, we respond better and more in mass during a
crisis," Hall says.
For instance, while media unions last June saw a natural self-interest
in opposing Proposition 226, which attacked their ability to contribute
to candidates during elections, there was much less interest in opposing
Proposition 227, which attacked bilingual education and was opposed
strongly by the Latino and Asian communities.
Permanent alliances between media unions and working-class communities
are being built, but it's an uphill battle. While union leaders and
activists think such alliances are a good idea, they rely on union
members themselves developing greater political consciousness. Transforming
unions from business organizations, in which members exchange dues
for services, into social movements requires a change in thinking at
the base. Members have to view themselves as participants in a movement
to defend the interests of all working-class people, both inside unions
and in the broader community.
Educating members and talking about issues beyond the workplace is
difficult in any union. In media unions, it's even harder, especially
in the unions whose members produce the media's content--the writers,
reporters, photographers, newscasters, producers, and on-air personalities.
There's tremendous pressure to adopt a detached "neutral" or "objective" attitude
(as those terms are defined by employers) toward social movements.
The cost of abandoning such "neutrality" and acting as a
social activist as well as a reporter, for instance, can be a career
put on hold.
A new education program recently produced by the AFL-CIO's education
department, called Common Sense Economics, could help union members
understand how large corporations have come to dominate the U.S. economy
and political system. Internal education like this could go a long
way toward helping media union members to become conscious and well-informed
social activists.
But media unions don't operate in isolation. What's missing is a broader
progressive political agenda and organization for media activists in
general, one committed to the interests of workers and their unions,
but one able to address content issues as well. That agenda and organization
could help define the interests of people in the media as workers,
while at the same time developing ties between media workers and social
and community movements. It could help to create a new vision of what
it means to be a progressive media activist. |