Post-Tribune Co., 1279 (2002)

National Labor Relations Board

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Post-Tribune Co., 1279 (2002)

The Post-Tribune Company, A Division of the Sun Times Company, a Subsidiary of Hollinger International Publishing, Inc. and Gary Newspaper Guild, TNG-CWA Local 34014. Case 13- CA-39228-1

September 12, 2002

DECISION AND ORDER

BY MEMBERS LIEBMAN, COWEN, AND BARTLETT

On October 26, 2001, Administrative Law Judge William N. Cates issued the attached bench decision. The Respondent filed exceptions and a supporting brief, and the General Counsel and the Charging Party each filed an answering brief and cross-exceptions.

The National Labor Relations Board has considered the decision and the record in light of the exceptions and briefs and has decided to affirm the judge's rulings, findings, and conclusions only to the extent consistent with this Decision and Order.

The case involves an alleged unilateral increase in the amount deducted from employees' paychecks for health insurance coverage. The judge found that the Respondent violated Section 8(a)(5) and (1) in January 2001 by increasing these deductions, in order to pass on to employees a portion of a premium increase imposed by the Respondent's insurance carrier, without giving the Union notice and an opportunity to bargain. Because we find that the Respondent followed an established past practice and did not alter the status quo, we reverse the judge and dismiss the complaint.

I. FACTS

In early 1998, the Respondent acquired the Post-Tribune through an asset purchase. The Respondent set initial terms and conditions of employment, hired a majority of its predecessor's employees, and recognized the Union. The parties began negotiating for a collective-bargaining agreement, but had not reached an agreement or impa...

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