Documents Reveal KGTV Union-Busting Plans; Employee Profiling
April 10, 2009; updated
Documents obtained by NABET-CWA outline a chilling campaign by KGTV designed to influence Local 54 members to decertify their Union. The documents include a "voter assessment" of each employee that includes a fear (such as loss of family health benefits) that could be used against them.
The "KGTV/Azteca America San Diego Decertification Campaign Plan" identifies the "Core Team" management union-busters as Mike Biltucci, Patrick Givans and Don Wells. It also indicates the plan has 
the support of McGraw-Hill Corporate executives, outlining employee meetings with corporate representatives. The documents call this an "historic opportunity," designed to insure that the activities — including one-on-one and group meetings — are "persuasive" and "successful." One of the tasks of the "Core Team" is to monitor employees and "identify key voter behavior."
The plan lists week-by-week activities — to be executed prior to a decertification vote — each with its own theme, such as: "Heads Up! We Are Preparing For a Secret Ballot Election." The plan assumed a vote would take place by mid-2008 and called for a "25th-hour (last-minute) speech" to be delivered by now-former McGraw-Hill Broadcasting Group President Ed Quinn, entitled "Hope, Visions and Dreams." While the Company has been executing the overall plan since the start of negotiations in 2006, the specific "vote" plans were delayed when the National Labor Relations Board upheld an Unfair Labor Practice charge against KGTV regarding layoffs.
The plan identifies "Six separate strands of activity":
- Employee labor education classes to voters and selected topics to other staff;
- Management trainings and briefings, i.e. "module" training sessions, voter assessments, etc.;
- Identify and prepare local management presenters, brief corporate presenters;
- McGraw-Hill corporate and local station staff meetings;
- Evaluation and response to union communications;
- Development of management reference manual and written employee communications.
The plan appears to advocate the exact circumstances that took place during negotiations — reaching impasse. The documents state that impasse leaves the Union few options, except to "accept the terms, try to get the employer back to the table, or call a strike." Following more than 50 years of labor peace between NABET-CWA and KGTV, former Broadcasting Group President Ed Quinn made the decision to union-bust in the fall of 2005. The Company hired the law firm of Sheppard Mullin, a firm that boasts of providing employers with "union-free" environments. The lawyer representing KGTV is John D. Collins, of which his firm says, "He has assisted literally hundreds of companies in maintaining or achieving non-union status." To that end, one section of the plan is called, "Why we don't need a union."
When it comes to profiling employees — called "voter assessments" — each employee is listed by name, seniority, race and age. There is a short description of work performance, such as "limited skillset" or "skeptical attitude." Also 
included is personal information, such as "religious; medical issues; volatile personality; disciplinary issues; (spouse) with medical issues; wage garnishments; easily persuaded; anti-authority; limited household income" and "easily distracted." Each employee has a listed "fear," presumably ascertained by managers during informal "assessment" conversations. The fears include "having to find other employment; not providing for family; being without medical benefits; no opportunity" (not being given opportunities) and "not getting enough hours to support family."
For the last 3 years, managers have insisted to anyone who would listen that they are not union-busting and would like to reach an agreement — blaming the problems on the Union:
- Jeff Block, GM: "We do not have a written union decertification plan. It doesn't exist."
- Derek Dalton, former GM: "Our goal, as it has been from the beginning, is to reach an agreement that is fair."
- Ed Quinn, former Group President: "I will continue to listen to your concerns, answer with the honesty you deserve, and talk to anyone willing to help find ways for us all to work together as one station."
- Mike Biltucci, Director of Operations: "Union-busting is a bumper sticker phrase. Our employees deserve better."
- Patrick Givans, Director of Technology: "I swear on my mother's grave that we are not union-busting."
However, the Company has not been interested in any serious solutions and these documents explain why — the emphasis is on union-busting. The lone executive who has maintained near-silence has been Ed Quinn's replacement, Broadcasting Group President Darrell Brown.
Local 54 Executive Board members have reviewed all the documents:
- Dennis Csillag, President: "It's clear that decertification was the "plan" from the outset — despite management claims of innocence. So much for pledging not to interfere with the employees' right to free choice."
- Robert Buchanan, Vice-President: "Since I first took office, I've seen the Company do some horrible things, but this "plan" is flat-out disgusting from the first page to the last."
- Joshua Case, Secretary: "Hard-working, loyal partners reduced to these profiles on a page just radiates evil. KGTV management needs to turn away from the darkness."
- Eddie Ray, Treasurer: "The entire "plan" is offensive, but I'm especially offended by the personal comments about myself and my fellow employees. To try and use our "fears" to destroy a well-established
unit is both overconfident and demeaning. These documents — including racial profiling of employees — have made me even more strong-willed to fight the Company's tactics."
- Corinne Green, Shop Steward: " I find it immoral and unethical that the Company would put together this "plan" and then have at least one of the managers "swear on his mother's grave" that it didn't exist and that the Company was not union-busting. I fail to see how a news station can regain its footing in the market when they are spending a high percentage of their efforts and dollars on this garbage."
- Frank Castillo, Jr., Shop Steward: "Although the Union was fully aware that the station was union-busting, I was still shocked and disgusted to see such detailed plans, and in-depth personal "fears" of represented-employees. The Company has wasted millions on lawyer's fees exploring a path to decertification. It won't work. They should explore the path to a fair contract!"
- Tony Velez, Shop Steward: Creating these profiles on every represented-employee is in poor taste and shows what the Company is capable of. Got integrity? I don't think so."
- Diane Wilson, Shop Steward: "I have been very saddened by the denials from management of the existence of a Union decertification plan. It makes me wonder — if they lied about this, how many other deceptions have they carried out?"
- John Suarez, Board Member: "My disappointment knows no end.
If I lie at work, I'm fired. So what happens to Block, Biltucci and Givans? Darrell Brown hasn't lied — yet. He needs to take responsibility, clean this up and negotiate a fair contract quickly."
Click here to view one section (week-by-week detail) of this multi-part "Decertification Campaign Plan." NABET-CWA sent each employee their own profile and some decided to share them here.
Related Links
KGTV Employee Profiles | One Day Longer, One Day Stronger | 10NewsUnfair.com
