Appellate court sides with striking Post-Gazette workers in ruling

A federal appeals court panel on Monday ruled in favor of striking journalists at the Pittsburgh Post-Gazette, possibly heralding an end to a long and bitter labor dispute that led newspaper staffers to walk the picket line for more than three years.

The decision by three judges on the U.S. 3rd Circuit Court of Appeals stated that the Post-Gazette bargained in bad faith while trying to agree on a new contract. While it is not clear yet whether the Post-Gazette will appeal, the ruling marks a major victory for the diminished Newspaper Guild of Pittsburgh.

The union framed the decision as one ordering the newspaper to “repeal more than five years of worker rights violations” and compensate the strikers.

Post-Gazette journalists have been on strike since October 2022 — in what is considered the longest media strike in the digital age.

Monday’s court decision enforces a Sept. 24, 2024, ruling in favor of the union by the National Labor Relations Board.

What’s next

Andrew Goldstein, Newspaper Guild of Pittsburgh-CWA president, said he’s “totally thrilled” by the ruling.

“It’s exactly what we’ve been expecting,” said Goldstein, 33, of Squirrel Hill. “Obviously, things took longer than we would’ve hoped, for sure, but I just think it goes to prove when a group of workers stands together and demands better, anything is possible.”

There are 26 strikers remaining in the Guild, he said, which has dropped from around 60 originally. There were around 120 total strikers among all of the unions when it began in 2022, he said.

“People have obviously had to drop off and do other things, but … almost every one of us has been here since day one,” Goldstein said. “This is a remarkable historic day for the Newspaper Guild of Pittsburgh, and for the city of Pittsburgh.”

According to the court opinion, “substantial evidence” supports the finding that Post-Gazette Publishing bargained in bad faith.

“PG Publishing’s proposals as a whole would have required the Guild to cede to PG Publishing the most fundamental of employment terms,” the opinion states.

For example, the Post-Gazette could “encroach on the Guild’s jurisdiction” by subcontracting work, and the Post-Gazette would have “unilateral control over work hours.” It also vastly expanded the expired agreement’s no-strike clause and scaled back employees’ health care.

“Guild members would have been afforded more rights working without a contract than by accepting all of PG Publishing’s proposals,” the opinion reads.

The Post-Gazette did not return TribLive’s request for comment Monday.

It’s unclear whether striking journalists will return to work or whether the newspaper — which has appealed previous rulings in favor of the union — will again appeal. The U.S. Supreme Court is the only higher court.

Long legal battle

The Post-Gazette under the ruling must now restore the terms and conditions of the Guild’s 2014 to 2017 contract, he said.

“The court has the ability to enforce those orders, so that’s a major victory for us. It’s time to wrap this up and do what we have basically been saying for three years,” Goldstein said. “We want to get back to work; we’re excited. It’s time for the PG to act under the law.”

However, he said it’s unknown what the timeline will look like on the strikers’ return to the office, as the Guild is trying to work out strategically how to move forward.

“I really don’t know — it’s hard to speculate,” Goldstein said. “I don’t think it’ll be this week, but I think anything after that, there could be an opening.”

Under federal law, strikers are entitled to get their jobs back.

Post-Gazette journalists, mailers, production workers and advertising staff went on strike in October 2022. Striking production and advertising workers accepted a buyout offer in March, the Communications Workers of America union announced.

Journalists and newsroom staff represented by the Newspaper Guild of Pittsburgh remained on strike. Over the past three years, some of the strikers moved on to new jobs. Others have continued to publish local news in the Pittsburgh Union Progress.

One of those working at PUP is Steve Mellon, who was a photographer and writer for the Post-Gazette before going on strike in 2022.

“I’ve been in this business for a long time,” said Mellon, 66, of Emsworth. “This whole strike has been for me a process of doing what I thought was right, and that requires a lot of reflection and thought.”

He was not expecting his Monday to start off with the court ruling.

“When I heard the news, I was just stunned,” Mellon said.

After three years of “ups and downs,” he said he wants some clarity on the court ruling and to learn what the next steps will be.

“I don’t want to downplay the significance — it feels really good to … finally feel like you have some affirmation,” Mellon said. “There’s a part of me that wanted to jump up and celebrate … It seems like it’s really good for us, and it might mark at least the beginning of the end of this three-year-long effort, but my past experience tells me: ‘Let’s seek some clarification on this.’ ”

The Newspaper Guild said neighbors, union members and supporters provided “invaluable support” by rallying with strikers, standing on picket lines and directly confronting Post-Gazette managers and owners for a fair settlement, according to its Monday announcement. Additionally, many provided financial support — donating more than $1 million — and boycotted the struck paper.

Post-Gazette management and the Newspaper Guild had successful bargaining agreements between 2014 and 2017. Since 2017, the parties have been unable to agree on terms.

The Pittsburgh Post-Gazette was formed in 1927 by Paul Block, the grandfather of John and Allan Block. John Block is the newspaper’s publisher and editor-in-chief. Allan Block is CEO of Block Communications Inc., the PG’s corporate parent.

The Guild filed its first charge on Sept. 11, 2019, alleging the Post-Gazette failed and refused to bargain in good faith about stringers, wages, sick leave and short-term disability coverage.

“The Blocks’ shameless attempts at union busting failed again,” said NewsGuild-CWA President Jon Schleuss. “What the Blocks — and all owners like them — need to understand is that they cannot break the law. We are stronger, braver and more principled than any boss can possibly imagine. The NewsGuild stands ready to support every journalist and all of our members in whatever it takes, however long it takes.”

For workers to get a victory “in this day and age,” Mellon said, seems pretty significant to him.

“I’m hoping that people can look at our case and say, ‘Yes, it’s worth the fight,’ ” he said.