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Guild presses for Facebook fairness
08 Jul 2009

The News Media Guild asked The Associated Press to rescind its new Facebook, Twitter and MySpace rules to allow for good faith bargaining under the National Labor Relations Act.

The request was sparked by new rules posted by AP on June 18, including a requirement that employees delete the comments of friends that could run afoul of AP's Ethics Policy. The new rules angered many employees who believe they’re intrusive and unbecoming of a news agency that promotes free speech.

"It's regrettable that a news agency that promotes free speech and media freedom is attempting to chill speech by its own staff," said Tony Winton, NMG president

The union believes it is not compelled to meet and discuss new Ethics Policy rules during the life of the contract because they were fully bargained during the negotiations, except for the gifts and the staging photo portions. It is willing to meet with AP on these matters in an effort to reach agreement without prejudice to that position.

The union wants to resume discussions on AP's proposed changes to its "gifts" policies in which the company says employees may not accept trinkets
offered by sources, public relations agencies, corporations and others.
Whether the gifts are modest or substantial, they must be turned down or
given to charity. The policy now says gifts can be kept if they are of
nominal value of $25 or less.

The company said it needs the stringent policy so employees will no longer
be burdened with determining if the gift is worth $23 or $27. The union
proposed that the language be changed to "about $25," to address the
company's concern.

Some employees found the policy insulting, saying coverage is not influenced
by unsolicited books, Planters nuts, pens and gifts from political
conventions or major sporting events. One employee said AP itself gives out
gifts. Others found the timing of the new policing disconcerting as AP
announced the need to cut staff costs by 10 percent.

The union told AP that some portions of its policy violate employees Section
7 rights under the National Labor Relations Act. The law, which protects concerted activity, is expressly recognized in the negotiated ethics policy.

The new company rules say employees cannot include discussions about AP personnel, policies or operations in their web sites or blogs. It adds that co-workers must be identified by name and that their permission must be obtained prior to posting of video, photographic or graphic form. It adds that material must
be removed if requested.

"Guild activities can include images of members and the level of control
exerted by AP over their protected activities through its proposed policy is
unlawful, “ Winton said. He added that the NLRA protects activities such as
talking about AP personnel, policies or operations on Web sites or blogs.

The union wants AP to report on its "whistleblower" policy under which employees can report inappropriate activities in the company’s news or business activities to the "Ethics Point" integrity hot line. The union said it wanted copies of all contacts to date with any company responses understanding the need to redact some information to protect the confidentiality of those involved.


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