Was the job action a ULP strike?

Citizens Publishing was a family-owned corporation that published the Ellwood City Ledger and another local newspaper. Bud Dimeo had been the company’s sole photographer for over 35 years. When the needs for daytime photography declined, Citizens began requiring Dimeo to work at night and on weekends as well. Citizens also occasionally employed stringers, meaning freelance photographers who were paid per photo.

Teamsters Local No. 261 was certified as the representative for certain Citizens’ employees, including photographers but excluding stringers. While the company and union were negotiating a contract, Dimeo retired, and Citizens assigned most of the night/weekend photography to stringers. The union filed a ULP charge with the NLRB, claiming that Citizens had unilaterally changed the terms and conditions of employment without bargaining, by giving to stringers work previously done by Dimeo, a bargaining unit member.

On July 23, fully 18 months after contract negotiations had started, the union met with employees and informed them that the NLRB intended to issue a complaint based on Citizens’ use of stringers. The members voted to strike, and they walked out on July 24. The paper continued to publish, using family members, supervisors, and nonstriking employees. The following February, six months into the strike, Citizens reassured the union that that none of the replacement workers were considered permanent; the strikers could return if they wished.

The parties met to bargain on March 14. The union representative indicated the union was prepared to return to work. Company representatives took a break to caucus; when they returned, they informed the union that all replacements were permanent. In other words, the strikers had lost their jobs. The next day, Citizens informed the replacement workers that they were permanent. The NLRB found that the union’s job action was a ULP strike and ordered Citizens to offer the union members their jobs back. Citizens appealed.