NLRB Issues Complaint Against Dow Jones

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The National Labor Relations Board has filed a complaint against Dow Jones alleging that our employer has violated the National Labor Relations Act by refusing to negotiate in good faith over the working conditions of IAPE-represented employees following the onset of the pandemic.

This action comes after we, as a union, brought this to the NLRB in February.

In August, Labor Board investigators told both sides they agreed with us: that Dow Jones could not unilaterally set these conditions and must bargain over terms and conditions of employment not covered by the IAPE/DJ contract.

The Board offered Dow Jones a settlement, one which would have allowed the company to not even admit any fault—they only had to publicly post a notice stating they would comply with federal labor law in the future, and would bargain with IAPE as required by law. Under Board standards, because Dow Jones routinely communicates with IAPE-represented employees electronically, this notice had to be distributed electronically to the IAPE-covered workforce as well. Dow Jones refused.

Company representatives refused to post a notice anywhere other than on physical bulletin boards in the office—where no one was working at the time and even now has very few people. (The first week of Phase Two voluntary return saw fewer than 100 people in the New York office at any one time, out of 1,600 employees.)

Here’s what happens next:

  • Because Dow Jones would not agree to this standard settlement language requiring electronic distribution of the notice, the NLRB will now prosecute its complaint against Dow Jones before an Administrative Law Judge, and seek a legal order requiring Dow Jones to negotiate in good faith with IAPE.

  • Why is this important? It sets a precedent. IAPE will not back down from insisting that Dow Jones follow the law and respect the rights of IAPE-represented employees and the union. Dow Jones representatives have refused to include union members in discussions about work from home benefits or policies and have stated the company has “no obligation to ‘bargain’ over a proposal just because the union puts it forth between contract cycles.” In our opinion, this is a clear violation of our legally recognized right to bargain over changes in working conditions. If the NLRB rules in our favor, it sends a strong message to Dow Jones that they must negotiate in good faith with the union in the future.

  • A hearing date has been set for Dec. 7. Prior to that hearing, Dow Jones is required to deliver a response to the NLRB complaint by Oct. 6. Here’s more info on how the process works.

  • IAPE is currently developing proposals intended to address 2022 plans for the “Phase Three” return to offices. We hope to resume negotiations over original internet and equipment proposals as part of those discussions.

More details on the Labor Board complaint:

  1. The complaint, issued by the Region 22 office of the NLRB and based on a charge filed by IAPE on Feb. 26, states, “Since about October 2, 2020, (Dow Jones) has failed and refused to bargain collectively and in good faith with the Union.”

  2. The Labor Board noted that, in October of 2020, IAPE requested that Dow Jones “bargain collectively about the impact of the COVID pandemic on the terms of the allowance for broadband / internet access, and over the reimbursement program for equipment and technology expenses, subjects not covered under the parties’ agreement, and are terms and conditions of employment of the Unit.”

  3. IAPE has attempted to negotiate over internet and equipment payments on several occasions during the past year, without ever receiving any meaningful response or discussion other than being informed of decisions already made. 

  4. The Board complaint notes that union proposals relate “to the wages, hours, and other terms and conditions of employment of the employees employed by the Employer in the Unit and are mandatory subjects for the purposes of collective bargaining.”

  5. In the “Remedy” section of the filing, the NLRB states, “the General Counsel seeks an Order requiring Respondent to bargain in good faith with the Union, on request, as the recognized bargaining representative in the Unit. The General Counsel further seeks all other relief as may be just and proper to remedy the unfair labor practices alleged.”

We will keep you informed! Please reach out to union@iape1096.org with any questions.