Forbes Union Shop Paper #1

March 15, 2022

Hi everyone!

We had an amazing turnout at our very first bargaining session on Tuesday 3/15. Shout out to our bargaining committee and the 47 observers who showed up with their Forbes Union Zoom backgrounds (We stan Malcolm the Cat). Forbes was represented by Ali Intres, Joyce Bautista-Ferrari and Patrick Collins, outside counsel from Ogletree Deakins. Management opened the session with a stalling tactic making every observer go around and introduce themself. But it quickly became clear this very expensive billable exercise for their lawyer only served to reinforce just how united we are with strong representation from every corner of the newsroom. 

This was our first opportunity to present our position and we laid out our first 15 proposals (more details on what they entail below). That all went pretty smoothly and management said they would need time to digest and come back to us with questions.

Then we asked management to set the next bargaining date and that’s when things got a little heated. We are disappointed that management seemed insistent that the next bargaining session be in-person, even though the entire company has been working remotely without issue for the past two years. We raised what we consider very reasonable concerns: we are worried about health and safety issues (still being in a global pandemic) and multiple of our bargaining committee members also live outside the tri-state area. We believe the bargaining process should be inclusive, not exclusive, and definitely not limited to just those employees who live within commuting distance of Jersey City. 

Reading between the lines, it’s pretty clear this protracted opposition to scheduling a meeting was really about management’s opposition to observers. And we know the more observers there are and the more democratic the collective bargaining process is, the bigger contract wins we will secure. Also, no matter where management says they want bargaining to take place, remember that the NLRB has ruled return-to-office a mandatory issue to bargain over.

While the next bargaining session date remains TBD, the good news is we do have a separate meeting now scheduled to discuss ongoing issues that management has failed to bargain over, which include: contested members, wage increases, promotions and (lack of) bonuses for certain employees. As a reminder, we filed an unfair labor practice complaint with the NLRB last month. 

Get Involved: Inspired by this first bargaining session? Riled up after hearing management’s lawyer yell about ground rules for an hour? We are looking for new people to join the bargaining committee and for new shop stewards. Contact Andrea Murphy: andreadmurphy@gmail.com to learn more. 

Cheat Sheet: Here’s a rundown of the 15 proposals we presented. 

Editorial Integrity — Editorial staff will only report to editorial management and should be free from interference or influence from the business side of Forbes and any advertisers, investors, sponsors or shareholders. Employees can reject writing sponsored content without consequence.

Hours and Overtime — The workweek will be 35 hours and this proposal lays out the scenarios when employees will be paid time and half, double wages or comp time. 

Diversity, Equity and Inclusion — Forbes will not discriminate and a Diversity Committee will meet quarterly to ensure accountability in recruiting and hiring people from underrepresented groups. 

Remote Work — Defines remote, hybrid and onsite employees and establishes that employees must be given 120 work days notice if their designation changes. Plus, a stipend for work-related expenses.

Just Cause — Forbes shall follow the principles of progressive discipline and there shall be no discipline or discharge without just cause. 

Grievance & Arbitration — Creates a system to facilitate grievances by Guild members and see that they are properly heard and addressed, by a third party if necessary. 

Coverage & Jurisdiction — Full-time, regular part-time, intern, fellow and temporary editorial employees are represented by the Guild. 

Temporary Employees — This ensures that temporary employees can’t be used to replace regular employees and defines the roles of academic interns, summer interns and fellows. 

Confidentiality & Protection Of Sources — Employees can refuse to give up their confidential sources and Forbes will provide legal representation and pay your legal fees. 

Bylines — If you don’t want your byline on a story, you can have it removed. 

Prohibition on NDAs — Forbes can’t make you sign an NDA related to any harassment or discriminatory actions and all past NDAs regarding these issues are void. 

Privacy — The company won’t surveil your non-work activities or geographically track you and is prohibited from searching your personal email, social or other accounts. 

Social Media Accounts — The company cannot and does not own the channel or materials of your personal social media accounts.

Content Archive — Our published work should be archived in such a way that it is accessible to employees, including for a certain amount of time after they leave the company.
Access to Personnel File — You have the right to review your personnel file upon request. 

In solidarity, your bargaining committee:

Merrilee Barton

Katie Jennings

Alex Konrad

Andrea Murphy

Jon Ponciano