SIGNIFICANT VICTORIES

The following is a sampling of cases in which The Zinser Law Firm, P.C. has acted as company counsel:
 

1. Rochester Democrat and Chronicle (2013) Obtained independent contractor rulings in 10 cases for this newspaper for purposes of unemployment compensation and unemployment tax in New York).
 

​2. Santa Barbara News-Press v. NLRB (December 2012) The U.S. Court of Appeals for the D.C. Circuit reversed the NLRB, finding the First Amendment protected the newspaper’s discharge of eight reporters who were involved with the Teamsters in an effort to take over the content of the newspaper).
 

3. Binghamton Press & Sun Bulletin (2012) (Obtained independent contractor rulings in the State of New York for purposes of unemployment compensation and unemployment tax).
 

4. Richmond Times-Dispatch (Successfully represented Richmond Times-Dispatch before the NLRB, getting a ruling that the Company was privileged to eliminate giving to unionized employees an annual Christmas gift).
 

5. Winston-Salem Journal v. NLRB (Obtained a ruling from the U.S. Court of Appeals for the 4th Circuit that the Employer was privileged to discharge a black Union Vice-President who called his Supervisor in front of others, “a bastard, red-neck son of a bitch”).
 

6. The Register-Guard (Successfully represented The Register-Guard in reversing a decision of an NLRB Administrative Law Judge who ordered the Company to bargain with the Teamsters where no election petition had been led; this group is union-free today).
 

7. EEOC v. The Hearst Corporation (National precedent-setting case defeating EEOC attempt to enforce administrative subpoena in sexual harassment case before the U.S. Court of Appeals for the 5th Circuit).
 

8. The Tampa Tribune v. NLRB (2009) (Successfully represented newspaper, persuading U.S. Court of Appeals for the 4th Circuit to uphold discharge of union employee who called the VP of Operations “a stupid f---ing moron”).
 

9. GCU Local 8N v. Bucks County Courier Times (2008) (Court refused to order Company to arbitrate for grievances that were untimely filed; the Collective Bargaining Agreement provided that the time limits were substantive, therefore the grievances were not substantively arbitrible)

 

​10. The Pantagraph (2008) (Counseled The Pantagraph, a Lee Enterprises newspaper in Bloomington, Illinois, to 37 to 5 NLRB election victory, preventing the St. Louis Newspaper Guild from representing operations employees).

​11. The Register-Guard (2007) (Represented The Register-Guard in the lead NLRB e-mail case, which denied unions a statutory right to use an Employer’s email system for union organizational purposes. In March 2007, the NLRB scheduled Oral Argument in Washington, D.C. on the issue; this was the first time that the Board had scheduled Oral Argument in a case since 1999).
 

12. USA TODAY (2007) (Represented USA TODAY in California, successfully obtaining a ruling from the Employment Development Department that its newspaper carriers throughout the State of California are independent contractors for unemployment compensation tax purposes).

 

​13The Tampa Tribune (2006) (Prevailed before the NLRB in a case where The Tampa Tribune discharged and disciplined a Union President for directing profanity at his Supervisor).

 

​14. USA TODAY (2006) (On a Motion for Summary Judgment, obtained the dismissal of allegations against the Company of sexual harassment, intentional in iction of emotional distress, negligent in iction of emotional distress, and breach of contract claims by a female District Manager).

​15. St. Joseph News-Press (2005) (Represented St. Joseph News-Press in a nationally watched NLRB case ruling that newspaper carriers are independent contractors and not eligible to join unions).

 

​16. Mouton v. The Daily Advertiser (2004) (Obtained summary judgment that newspaper carrier was independent contractor for Title VII purposes).

 

​17. Winston-Salem Journal (2003) (Acted as chief negotiator for newspaper getting contract with Mailers Local 133 containing merit pay and substantial management rights).

 

​18. Independent Contractor Status (Successfully proved independent contractor status in 2002 for Alameda Newspapers, The Eureka Times Standard; in 2001, Rockford Register Star; in 2000, San Bernadino Sun, The Bismarck Tribune, The Eureka Times Standard; 1998, the Houston Chronicle, St. Joseph News Press; 1997, Inland Valley Daily Bulletin, Leader Herald (New York), Pottsville Republican (PA), Daily News Record (VA), Oklahoma Publishing Company).

 

​19. Moore v. The Advocate Messenger (2002) (Obtained summary judgment for newspaper in religion discrimination case involving home delivery manager).

 

​20. Tuan Truong (2002) (Successfully represented Alameda Newspaper Group before the California Uninsurance Appeals Board, achieving a finding that a newspaper carrier was an independent contractor for purposes of unemployment law).

 

​21. The Tampa Tribune (1999-2008) (Counsel to The Tampa Tribune during 2 decertification elections; outsourced trucking operations, dissolving CWA unit; withdrawal of recognition from GCC/IBT Local 180 resulting in union-free environment).

 

​22. Winston-Salem Journal (1999) (Represented newspaper during NLRB elections that resulted in the decertification of four units of the GCIU).

 

23. Rockford Register Star (Successfully represented newspaper, proving that a newspaper carrier was an independent contractor for purposes of Illinois Workers' Compensation law.

​24. West Hawaii Today (1997) (Counseled this newspaper to victory in 4 elections defeating Hawaii Newspaper Guild, leaving West Hawaii Today the only union-free daily in Hawaii).

 

​25. The Topeka Capital-Journal (1994) (Lead negotiator during contract negotiations, resulting in the Teamsters signing a $6.00 per hour pay cut).

 

​26. Las Vegas Review-Journal (1994) (Counseled the Review-Journal to victory by a vote of 66 to 34, defeating Guild Local 69 in its efforts to unionize the production and transportation departments).

 

27. ​In re DQ Minh (1995)(The very first case with a finding of newspaper carrier independent contractor status before the California Unemployment Insurance Appeals Board).

28. Drake et al. v. Cheyenne Newspapers, Inc. (Supreme Court of Wyoming, 1995) (Employer lawfully discharged two Supervisors for refusing to wear buttons urging a “No” vote on union election in Newsroom.)

 

​29. Cheyenne Newspapers, Inc. (1993) (Counseled CNI to victory, defeating the CWA’s attempt to unionize the newsroom).

 

30. Houston Chronicle Publishing Co. (1980 to 1991) (Labor counsel to the Chronicle in eight NLRB-conducted decertification elections, all of which the unions lost, resulting in a union-free environment.).

 

​31. The Oakland Press v. NLRB (1976 to 1985) (Lead counsel in seminal case holding that District Mangers are supervisors, not eligible to unionize; Teamsters Local 372 of Detroit lost right to represent DMs).

 

Additionally, the firm has served as on-site labor counsel during the following strikes where the Company operated and permanent replacements were hired:

The Oakland Press (1977)

 

Wilkes-Barre Times-Leader (1978)

The Covington Virginian (1978)

Chicago Tribune (1985)

Patrick Media Group Chicago (1993)

 

Vista Metropolitan Outdoor (NY) (1994-95)

 

Eller Media Co./Los Angeles (1997)

Eller Media Co./Chicago (1997)

Clear Channel Outdoor/Boston (2007) (Union walked away, disclaiming further interest in representing the employees because it did not want to represent the employees who crossed the picket line and worked).

 

 

© 2020 by The Zinser Law Firm, P.C.