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Morning Sentinel
Newspaper Guild: Contract should remain valid
BY TREVOR MAXWELL
MaineToday Media, Inc.
In court papers filed Tuesday, the Portland Newspaper Guild asked a federal judge to deny a recent request made by MaineToday Media, Inc. Inc. seeking a declaratory judgment in an ongoing lawsuit between the company and the union.
Kennebec Journal & Morning Sentinel 08/20/2008

BY TREVOR MAXWELL

MaineToday Media, Inc.

In court papers filed Tuesday, the Portland Newspaper Guild asked a federal judge to deny a recent request made by MaineToday Media, Inc. Inc. seeking a declaratory judgment in an ongoing lawsuit between the company and the union.

The guild's latest filing claims that the federal court lacks the authority to rule on the matter, repeating a position made in previous court documents filed in the case.

The guild represents about 300 workers at the Portland Press Herald/Maine Sunday Telegram, including reporters and circulation and advertising employees. It also represents some employees at the Waterville Morning Sentinel.

The guild's response is the latest move in a lawsuit filed in June by the company. At issue is a central question: whether a new owner of the newspaper would have to honor the labor contract signed by the company and the guild last fall. MaineToday Media, Inc. argues that no legal obligation exists; the guild says it does.

Lawyers for MaineToday Media, Inc. filed a motion July 31 seeking a declaratory judgment in the case. They asked for a decision on that question from a federal judge, or an order that would force the guild into immediate arbitration on the issue.

The guild maintains that the matter should be heard by the National Labor Relations Board, not in federal court.

Independent of the lawsuit, the company is negotiating a sale of its three daily newspapers to Maine Media Investment LLC, which consists of William S. Cohen, a former U.S. senator and secretary of defense; businessman Robert Baldacci, brother of Maine Gov. John Baldacci; developer Michael Liberty; and Richard L. Connor, a Bangor native who is a Pennsylvania newspaper publisher.

The investment group is expected to hold talks with the Portland Newspaper Guild regarding changes to the labor contract. Guild leaders have said that they hope to work out an employee stock plan with the Maine investors.

In the papers filed Tuesday, the guild lawyers responded to accusations made by the company in its July 31 filing, which claimed that the guild has intentionally stalled the legal process.

"The company's suggestion that the union seeks to drive off all other buyers in order to swoop in to purchase the paper at a rock-bottom price lacks any basis in fact and is, frankly, offensive," lawyers Jonathan Beal, Barbara Camens and Quinn Philbin wrote in the guild's response. "The union's sole concern is to ensure that, should the paper be sold, the company honor its obligations."

The company's reply to the latest guild filing is due Sept. 2.

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