- Home
- News Grid
- Local News
- Green Hawk
- Business
- Politics
- School Zone
- Nonprofits
- Missing Pets
- Multimedia
- Arts
- Movies
- Outdoors
- Sports
- News Releases
- Columnists
- Blogs
- Opinions
- Classifieds
- Advertise
- Donate
- Partners
Appeals Court Denies Reinstatement of Fired News-Press Employees
An appeals court ruled in favor of ruled in favor of Wendy McCaw’s Ampersand Publishing LLC on Tuesday, denying an order to immediately reinstate eight fired Santa Barbara News-Press employees.
The majority opinion of James McDermott (of the National Labor Relations Board) vs. Ampersand Publishing was written by Judge Richard Clifton and supported by Judge Milan Smith Jr.
While the 9th Circuit U.S. Court of Appeals didn’t pass judgment on employee concerns regarding journalistic integrity, the opinion stated that “a responsible press is an undoubtedly desirable goal, but press responsibility is not mandated by the Constitution and, like many other virtues, it cannot be legislated.”
Mandating that certain people be hired would affect the paper’s expressive content and diminish the publisher’s First Amendment rights, according to the opinion.
“The proposed injunction is aimed at strengthening the union’s hand against the owner,” it said, “and that will impair the owner’s right to control the newspaper’s content.”
The two judges didn’t find that the plaintiff met the burden for interim relief, and found that the employees’ attempts to secure representation by the union appear to “have been to block or limit the influence of the owner and publisher of the News-Press over the content of the news sections of the paper and to focus that authority on the employees themselves, as reporters and editors.”
Judge Michael Hawkins penned the dissenting opinion, saying that rehiring the employees wouldn’t hinder the publisher’s right to free speech.
“The injunction here only seeks reinstatement for terminated employees,” he said. “Period.”
It addresses terms of employment but doesn’t touch the paper’s right to publish its desired content, he wrote.
The legal battle to reinstate the fired employees is far from over, however.
The issue of determining whether they were fired illegally is still held up in the courts. A December 2007 decision found the firings illegal, but the News-Press is appealing to the National Labor Relations Board.
McCaw purchased the News-Press from the New York Times Company in 2000. Several newsroom employees resigned in 2006 because of perceived “unethical interference” by publishers, which may have prompted others to seek union representation. Eight employees were fired in 2006 and 2007, allegedly because of this involvement, and there have been court battles since.
— Noozhawk staff writer Giana Magnoli can be reached at .(JavaScript must be enabled to view this email address).
Comments
Noozhawk's comments are moderated, but by posting here you accept your responsibility to follow our rules as part of Noozhawk's shared online community. Please keep your comments civil and helpful. Don't attack other readers personally, and do not use vulgar, abusive or discriminatory language. Use the "Report Abuse" link if a comment violates these standards or our Terms of Use.
» on 01.28.10 @ 01:50 PM
Score one for free speech, business rights and Freedom! She is after all, the owner of the paper. It is not publicly owned.
You don't have permission to flag this entry.
» on 01.28.10 @ 02:52 PM
Maybe Wendy’s not so bad after all.
You don't have permission to flag this entry.
» on 01.28.10 @ 10:31 PM
I would not want x employees who hates me—coming back?—Hello—unions are killing America—Thats why we are Broke as a nation—hard work needs to come back—and loyalty to your comapny..Go union go broke—
You don't have permission to flag this entry.
More Local News »
Goleta Seeks Public Input on Law Enforcement Services
Participants are needed for two focus groups scheduled for Feb. 15
Goleta Woman Accused of Having Sex with Teen Boy
Sheriff's Department says victim recently came forward about 2008 relationship
Goleta Police Warn Public About Recent Home Burglaries
Witnesses report seeing a suspect going door to door in the neighborhood around Scripps Crescent Street
Approval from Santa Barbara County Supervisors the Last Step for Venoco’s New Pipeline
The board will consider an ordinance allowing the company to begin transporting oil via a pipeline that has already been built, instead of by barge
Pacific Storm Expected to Bring Rain, Wind Back to Santa Barbara County on Tuesday
Weather officials say South Coast could receive up to 1½ inches of rain with wind gusting to 30 mph
Weather: Fair 73.0º
Search Noozhawk »
