UNITED STATES OF AMERICA BEFORE THE NATIONAL LABOR RELATIONS BOARD REGION 5 THE WASHINGTON POST and Case 05-CA-304208 WASHINGTON-BALTIMORE NEWS GUILD, LOCAL NO, 32035 A/W THE NEWS GUILD, COMMUNICATIONS WORKERS OF AMERICA, AFL-CIO, CLC comp! AND NOTICE OF HEARING This Complaint and Notice of Hearing is based on a charge filed by Washington-Baltimore News Guild, Local 32035 a/w The News Guild, Communications Workers of America, AFL-CIO, CLC, herein correctly called Washington-Baltimore News Guild, Local No. 32035 a/w The News Guild-Communications Workers of America, AFL-CIO, CLC (the Charging Party). It is issued pursuant to Section 10(b) of the National Labor Relations Act (the Act), 29 U.S.C. § 151 et seq., and Section 102.15 of the Rules and Regulations of the National Labor Relations Board (the Board) and alleges that The Washington Post (Respondent) has violated the Act as described below. 1, The charge in this proceeding was filed by the Charging Party on September 22, 2022, and a copy was served on Respondent by U.S. mail on September 28, 2022. 2. (@_—_ At all material times, Respondent has been a limited liability company with an office and place of business in Washington, D.C. (Respondent's facility), and has been engaged in the publication and distribution of The Washington Post, a daily newspaper. (6) In conducting its operations during the 12-month period ending July 31, 2024, Respondent derived gross revenues in excess of $200,000 and was a member of,and subscriber to, various interstate news services and regularly carried in its publications advertisements of nationally sold products. (©) During the same period described above in paragraph 2(b), Respondent has conducted its business operations described above in paragraph 2(a) in Washington, D.C., and the Board asserts plenary jurisdiction over enterprises in Washington, D.C. (@_— At all material times, Respondent has been an employer engaged in commerce within the meaning of Section 2(2), (6), and (7) of the Act. 3. Atall material times, the Charging Party has been a labor organization within the meaning of Section 2(5) of the Act. 4. (a) Atall material times, the following individuals held the positions set forth opposite their respective names and have been supervisors of Respondent within the meaning of Section 2(11) of the Act and agents of Respondent within the meaning of Section 2(13) of the Act: () Donna Cassata Politics Breaking News Editor (ii) Matea Gold National Editor Vice President of Labor Relations and General Counsel (ii) Jay Kennedy (iv) Fred Ryan. Publisher (v) Peter Wallsten Senior Politics Editor (b) —_Atall times from about January 2013, to about February 28, 2021, Marty Baron held the position of Respondent's Executive Editor and was a supervisor of Respondent within the meaning of Section 2(11) of the Act and an agent of Respondent within the meaning of Section 2(13) of the Act. (©) Atall times from about June 1, 2021, to about June 2, 2024, Sally Buzbee held the position of Respondent’s Executive Editor and was a supervisor of Respondent withinthe meaning of Section 2(11) of the Act and an agent of Respondent within the meaning of Section 2(13) of the Act. 5. (@) From about June 3, 2022, through about June 9, 2022, Respondent's employee Felicia Sonmez engaged in concerted activities with other employees for the purpose of mutual aid and protection by concertedly complaining about wages, hours, and terms and conditions of employment. (b) About June 9, 2022, Respondent discharged Felicia Sonmez. (©) Respondent engaged in the conduct described above in paragraph 5(b) because Felicia Sonmez engaged in the conduct described above in paragraph 5(a), and to discourage employes from engaging in these or other concerted activities. 6. By the conduct described above in paragraphs 5(b) and 5(c), Respondent has been interfering with, restraining, and coercing employees in the exercise of the rights guaranteed in Section 7 of the Act in violation of Section 8(a1) of the Act. 7. The unfair labor practices of Respondent described above affect commerce within the meaning of Section 2(6) and (7) of the Act. REMEDY As a remedy for the unfair labor practices alleged above, the General Counsel seeks an. Order requiring that Respondent: (1) distribute a copy of any Notice to Employees that may issue in this case via electronic mail to all current and former employees who were employed by Respondent at any time on or after June 9, 2022; (2) post and distribute a copy of any Notice to Employees that may issue in this case via Respondent's account on the X application; (3) make Felicia Sonmez whole, in the event she declines reinstatement, including but not limited to, payment of front pay for a reasonable period following any decision by Felicia Sonmez to decline a valid offer of reinstatement; and (4) draft and send a letter via U.S. mail and electronic mail to Felicia Sonmez apologi to her for her discharge and any hardship ordistress it caused, and requiring Respondent to provide a copy of this letter to the Regional Director within 14 days of distribution. The General Counsel further seeks all other relief as may be just and proper to remedy the unfair labor practices alleged. ANSWER REQUIREMENT Respondent is notified that, pursuant to Sections 102.20 and 102.21 of the Board’s Rules and Regulations, it must file an answer to the complaint. The answer must be received by this office on or before September 11, 2024. Respondent also must serve a copy of the answer on each of the other parties, The answer must be filed electronically through the Agency’s website. To file electronically, go to wwwanlrb.cov, click on E-File Documents, enter the NLRB Case Number, and follow the detailed instructions. Responsibility for the receipt and usability of the answer resis exclusively upon the sender. Unless notification on the Agency’s website informs users that the Agency’s E-Filing system is officially determined to be in technical failure because it is unable to receive documents for a continuous period of more than 2 hours after 12:00 noon (Easter Time) on the due date for filing, a failure to timely file the answer will not be excused con the basis that the transmission could not he accomplished because the Agency's website was off-line or unavailable for some other reason, The Board’s Rules and Regulations require that an answer be signed by counsel or non-attorney representative for represented parties or by the party if not represented. See Section 102.21. If the answer being filed electronically is a pdf document containing the required signature, no paper copies of the answer need to be transmitted to the Regional Office. However, if the electronic version of an answer to a complaint is not a pdf file containing the required signature, then the E-filing rules require that such answer containing the required signature continue to be submitted to the Regional Office by traditionalmeans within three (3) business days after the date of electronic filing. Service of the answer on each of the other parties must still be accomplished by means allowed under the Board's Rules and Regulations. The answer may not be filed by facsimile transmission. If no answer is filed, or if an answer is filed untimely, the Board may find, pursuant to a Motion for Default Judgment, that the allegations in the complaint are true. NOTICE OF HEARING PLEASE TAKE NOTICE THAT on December 10, 2024, at 10:00 am., at the Board Hearing Room, Suite 6001, 1015 Half Street SE, Washington, D.C., and on consecutive days thereafter until concluded, a hearing will be conducted before an administrative law judge of the National Labor Relations Board. At the hearing, Respondent and any other party to this proceeding have the right to appear and present testimony regarding the allegations in this complaint. The procedures to be followed at the hearing are described in the attached Form NLRB-4668. The procedure to request a postponement of the hearing is described in the attached Form NERB-4338, Dated at Baltimore, Maryland this 28" day of August 2024. jen fie te ‘Sean R. Marshall, Regional Director National Labor Relations Board, Region S Edward A. Garmatz U.S. Courthouse 101 W. Lombard Street, Suite 700 Baltimore, Maryland 21201 AttachmentsFORM NLRB 4338 6-90) UNITED STATES GOVERNMENT. NATIONAL LABOR RELATIONS BOARD NOTICE Case 05-CA-304208 ‘The issuance of the notice of formal hearing in this case does not mean that the matter cannot be disposed of by agreement of the parties. On the contrary, itis the policy of this office to encourage voluntary adjustments. The examiner or attorney assigned to the case will be pleased to receive and to act promptly upon your suggestions or comments to this end, ‘An agreement between the parties, approved by the Regional Director, would serve to cancel the hearing. However, unless otherwise specifically ordered, the hearing will be held at the date, hour, and place indicated. Postponements will not be granted unless good and sufficient grounds are shown aztd the following requirements are met: (1) The request must be in writing. An original and two copies must be filed with the Regional Director when appropriate under 29 CFR 102.16(a) or with the Division of Judges when appropriate under 29 CFR 102.16(b). (2) Grounds must be set forth in detait, (3) Alternati (4) The positions of all other parties must be ascertained in advance by the requesting party and set forth in the request; and (5) Copies must be simultaneously served on all other parties (listed below), and that fact ‘must be noted on the request. dates for any rescheduled hearing must be given; Except under the most extreme conditions, no request for postponement will be granted during the three days immediately preceding the date of hearing. Evan Yeats Robert E. Paul, Esq, Washington-Baltimore News Guild, Local _Law Offices of Robert E. Paul, PLLC No. 32035 aw The News Guild, 1025 Connecticut Avenue NW, Suite 1000 Communications Workers of America, Washington, DC 20036 AFL-CIO, CLC rpaul @robertepaul.com 12251 Street NW, Suite 300 Washington, DC 20005 Jacqueline M. Holmes, Esq. [email protected] Jones Day 51 Louisiana Avenue NW John B. Kennedy, VP/GC Washington, DC 20001 The Washington Post [email protected] 1301 K Street NW Washington, DC 20071 [email protected]Form NLRD-4668 (e214) Procedures in NLRB Unfair Labor Practice Hearings ‘The attached complaint has scheduled a hearing that will be conducted by an administrative law judge (ALJ) of the National Labor Relations Board who will be an independent, impartial finder of facts and applicable law. You may be represented at this hearing by an attorney or other representative. If you are not currently represented by an attomey, and wish to have one represent you atthe hearing, you should make such arrangements as soon as possible. A more complete description of the hearing process and the ALJ's role may be found at Sections 102.34, 102.35, and 102.45 of the Board’s Rules and Regulations. The Board’s Rules and regulations are available atthe following link: wor nlrb zov/sites/defaul files/attachments/basic-pazemode-1717/rules and regs part_102.pdf ‘The NLRB allows you to file certain documents electronically and you are encouraged to do so because it ensures ‘that your government resources are used efficiently. To e-file go to the NLRB’s website at www.nirb.gov, click on ‘efile documents,” enter the 10-digit case number on the complaint (the first number if there is more than one), and follow the prompts. You will reeeive a confirmation number and an e-mail notification that the documents were successflly filed Although this matter is set for trial, this does not mean that this matter cannot be resolved through @ settlement agreement. The NLRB recognizes that adjustments or settlements consistent with the policies of the National Labor Relations Act reduce government expenditures and promote amity in labor relations and encourages the parties to engage in settlement efforts. 1 BEFORE THE HEARING ‘The rules pertaining to the Board’s pre-hearing procedures, including rules conceming filing an answer, requesting @ Postponement, filing other motions, and obtaining subpoenas to compel the attendance of witnesses and production of documents from other parties, may be found at Sections 102.20 through 102.32 of the Board’s Rules and Regulations. In addition, you should be aware of the following: ‘© Special Needs: If you or any of the witnesses you wish to have testify at the hearing have special needs and require auxiliary aids to participate in the hearing, you should notify the Regional Director as soon as possible and request the necessary assistance. Assistance will be provided to persons who have handicaps falling within the provisions of Section 504 of the Rehabilitation Act of 1973, as amended, and 29 CER. 100.603. © Pre-hearing Conference: One or more weeks before the hearing, the ALI may conduct a telephonic prehearing conference with the parties. During the conference, the AL! will explore whether the case may be settled, discuss the issues to be litigated and any logistical issues related to the hearing, and attempt to resolve or narrow outstanding issues, such as disputes relating to subpoenaed witnesses and documents ‘This conference is usually not recorded, but during the hearing the ALI or the parties sometimes refer to discussions at the pre-hearing conference. You do not have to wait until the prehearing conference to meet with the other parties to discuss settling this case or any other issues. I DURING THE HEARING ‘The rules pertaining to the Board's hearing procedures are found at Sections 102.34 through 102.43 of the Board's Rules and Regulations. Please note in particular the following: * Witnesses and Evidence: At the hearing, you will have the right to call, examine, and cross-examine ‘witnesses and to introduce into the record documents and other evidence. ‘© Exhibits: Each exhibit offered in evidence must be provided in duplicate to the court reporter and a copy of each of each exhibit should be supplied to the ALJ and each party when the exhibit is offered (OVER)Form NLRB-AG6 cemsy in evidence. If a copy of any exhibit is not available when the original is received, it will be the responsibility of the party offering such exhibit to submit the copy to the ALJ before the close of hearing, Ifa copy is not submitted, and the filing has not been waived by the ALJ, any ruling receiving the exhibit may be rescinded and the exhibit rejected ‘© Transcripts: An official court reporter will make the only official transcript of the proceedings, and all Citations in briefs and arguments must refer to the official record, The Board will not certify any transcript other than the official transcript for use in any court litigation. Proposed corrections of the transcript should be submitted, ether by way of stipulation or motion, to the ALJ for approval. Everything said at the hearing while the hearing is in session will be recorded by the official reporter unless the ALJ specifically directs off-the-record discussion. If any party wishes to make off-the-record statements, a request to go off the record should be directed to the ALJ. © Oral Argument: You are entitled, on request, to reasonable period of time at the close of the hearing for ‘oral argument, which shall be included in the transcript of the hearing. Alternatively, the ALJ may ask for oral argument if, at the close of the hearing, if it is believed that such argument would be beneficial to the understanding of the contentions of the parties and the factual issues involved + Date for Filing Post-Hearing Brief’ Before the hearing closes, you may request to file a written brief or proposed findings and conclusions, or both, with the ALI. The ALJ has the dseretion to grant this request and o will seta deadline for fling, up to 35 days. I. AFTER THE HEARING The Rules pertaining to filing post-hearing briefs and the procedures after the ALJ issues a decision are found at Sections 102.42 through 102.48 of the Board's Rules and Regulations. Please note in particular the following: jon of Tit Brief with the ALJ: If you need an extension of time to file a post-hearing brief, you must follow Section 102.42 of the Board's Rules and Regulations, which requires you to file a ‘request with the appropriate chief or associate chief administrative law judge, depending on where the trial ‘occurred. You must immediately serve a copy of any request for an extension of time on all other parties and furnish proof of that service with your request, You are encouraged to seek the agreement of the other parties and state their positions in your request. ‘+ ALS’s Decision: In due course, the ALJ will prepare and file with the Board a decision in this matter. Upon receipt of this decision, the Board will enter an order transferring the case to the Board and specifying when exceptions are due to the ALI’s decision. The Board will serve copies of that order and the AL1s decision on all parties. ‘+ Exceptions to the ALJ's Decision: ‘The procedure to be followed with respect to appealing all or any part of the ALJ's decision (by filing exceptions with the Board), submitting briefs, requests for oral argument before the Board, and related matters is set forth in the Board's Rules and Regulations, particularly in Section 102.46 and following sections. A summary of the more pertinent of these provisions will be provided to the parties with the order transferring the matter to the Board,