Weather | Beachcam
Login | Contact Us | Staff | Site Map | Archives | Alerts | Electronic Edition | Subscribe to the paper

HomeBusinessBusiness

Publisher's attorneys defend 8 firings

Team disputes charges of labor law violations


Download Podcast  Download this story as a podcast!

SANTA BARBARA — The labor battle continued Wednesday between the Santa Barbara News-Press and eight former employees, with the newspaper's lawyer dominating the proceedings with long witness examinations and plenty of assistance.

Attorney Barry Cappello came to court for the second day with a six-member legal team, making it clear that News-Press owner Wendy McCaw is not taking the matter lightly. The paper's lawyers had at least three dozen boxes of files stacked against a courtroom wall.

Two witnesses testified Wednesday: News-Press Associate Editor Scott Steepleton and former Managing Editor Linda Strean, who flew in from San Francisco, where she now works as managing editor of GreatSchools.net.

The case pits the prosecutorial arm of the National Labor Relations Board against the newspaper's parent company, Ampersand Publishing LLC. The NLRB alleges that Ampersand violated labor laws by dismissing eight newsroom workers who were organizing a union. McCaw's position is that she had every right to fire the workers, claiming that they were disloyal and exhibited bias in their reporting.

Strean is a veteran journalist who was once deputy city editor at the San Francisco Chronicle. She testified that while she was the News-Press' managing editor from 2003 to 2005, she supervised one of the fired reporters, Melinda Burns, whose termination played a large part in the departure of six others.

The paper argues that Burns was fired for being a biased reporter.

Strean said all reporters have weaknesses, but Burns did not have a consistent problem with bias. Editors were there to spot those things, she said. And when bias was spotted, Burns always cooperated with editors in remedying it.

"She's one of the finest reporters I've ever worked with," she said.

Cappello attacked Strean's credibility on cross-examination, highlighting her friendship with former Editor Jerry Roberts, who is involved in separate litigation with the News-Press.

Cappello asked Strean for her thoughts on that litigation: "If you were voting on it, you'd vote for Jerry, wouldn't you?" That was followed by an objection, which was sustained by the judge.

Much of the day was spent with Cappello directing Steepleton through details about the fired reporters' performance evaluations, highlighting reasons that justified the below-normal grades they were given while they were trying to unionize.

Anna Davison's evaluation was lowered for refusing to work as a night editor without additional financial compensation, Steepleton testified.

"That was an uncooperative person, and I was not going to put an uncooperative person in a night-editing spot," he said.

Melissa Evans had problems after her beat was reassigned from religion to K-12 education.

"She went out in the public and told members of the clergy the News-Press was no longer covering religion," Steepleton said.

The judge also allowed Steepleton to testify that Evans had a substance abuse problem, despite union lawyer Ira Gottlieb's objections. Steepleton said that problem was part of the reason for her dismissal.

Karna Hughes' performance review was lowered, Steepleton said, because she had productivity problems. Hughes is a union supporter who is still on the staff. She wrote a lengthy objection to her review, he added.

Dawn Hobbs was a union leader who was terminated with a group of six others who displayed a banner on a highway bridge urging readers to cancel their subscriptions.

Steepleton said Hobbs had an issue with her temper.

"She let it sometimes get the better of her," he said, adding that she used obscenities in the newsroom and once swore at Editorial Page Editor Travis Armstrong.

A difference in thinking about the way to operate a newspaper has emerged in the ongoing dispute. It is an issue that has drawn national attention to Santa Barbara among people in the newspaper industry.

On one hand, the fired workers are in step with the traditional thinking that American newspapers must maintain a wall between the editorial and business departments to retain independence.

On the flip side is an owner who is intent on running her newspaper as she wants.

The hearing is taking place before Administrative Law Judge William G. Kocol. The proceedings, which opened Tuesday and are expected to continue until Sept. 14, have been conducted in the federal bankruptcy court, but will move beginning at 9 a.m. today to a courtroom at the Santa Barbara College of Law.

The other terminated journalists involved in the case are Rob Kuznia, Barney McManigal, Tom Schultz and John Zant. The NLRB wants the eight people reinstated with back pay.

Discussions

There are 3 comments to this article.   

Comments are found beneath the Yahoo! ad below.

Comments

Posted by edwardallen54 on August 16, 2007 at 8:42 a.m. (Suggest removal)

This reader finds this story very bland. Could you put some color into these accounts. For example, was the testimony excited or agitated, were witnesses nervous, etc. I don't mean bias, but most of us readers out here aren't in the hearing, and would like an idea of what it feels like. Thanks

Posted by ntsqd on August 16, 2007 at 8:44 a.m. (Suggest removal)

The N-P's founder must be rolling in his grave over what McCaw has done to the paper he founded. McCaw should get out while there is still something to sell. And take the sham Armstrong with her.

McCaw might be the physical owner, but the paper belongs to it's city. They have a vested interest in how it is run.

Were I one of the former employees I'd take the money & turn down the position so long as McCaw and Armstrong are still at the helm.

Posted by carexpritch on August 16, 2007 at 10:30 a.m. (Suggest removal)

I commend the Star for covering this serious news story consistently, so far.

Other news outlets based in Santa Barbara have their reports published essentially at the same time, and provide far juicier and hardly bland reporting, such as from Santa Barbara Independent (www.independent.com) and CraigSmithsBlog.com

With all these news stories combined, including Star as a separate report, a fascinating and shocking tale is emerging about the News Press Mess.





Article discussions on this site are to support community debates of issues related to our stories and editorials.

Discussions should not stray from the subject of the story or editorial.

We do not allow the following:

  • Posts that degrade others on the basis of gender, race, class, ethnicity, national origin, religion, sexual orientation or disability.
  • Disparaging remarks, abusive language or obscene comments.
  • Threats, whether obvious or veiled.

We reserve the right to delete threads and/or ban users for these or other reasons we deem necessary.

Opinions are the sole responsibility of the person posting them. You agree not to post comments that are off topic, defamatory, obscene, abusive, threatening or an invasion of privacy. Violators may be banned. Click here for our full user agreement.

Discuss this article
(Requires free registration.)

Username:

Password:
(Forgotten your password?)

Your Turn:

Please download the latest version of Adobe Flash Player, or enable JavaScript for your browser to view the video player.