Court Reverses Firing of Union-Tribune Worker

Union-Tribune Publishing Co. officials must reinstate an employee who was the victim of an “inquisition” and unjustly fired because of her union activities, a U.S. administrative law judge has ruled.

Nancy Tetrault, who worked in the company’s circulation department for 10 years, was fired in November, 1988, after she was accused of stealing $400 to $1,000 in receipts. At the time of her firing, Tetrault was also a member of the San Diego Newspaper Guild’s bargaining committee, which was engaged in a bitter contract dispute with the Union-Tribune.

Administrative Law Judge Gerald A. Wacknov said he found no evidence that Tetrault ever stole money from the company and said the charges against her were “contrived.”

In a written opinion released Friday, he noted that Union-Tribune officials failed to provide her and guild officials with proof of wrongdoing, despite many requests.

Tetrault was fired about three weeks after she was placed on indefinite suspension. The San Diego Newspaper Guild, which represented Tetrault, filed an unfair labor practice complaint against the Union-Tribune with the National Labor Relations Board.

“Not only do I conclude that Tetrault did not steal money . . . but I further find, contrary to the assertions of the (company), that the (company) had no good-faith belief that Tetrault had engaged in any such acts,” Wacknov wrote in a 52-page opinion. “Tetrault had enjoyed 10 years of employment . . . during which time she . . . handled virtually hundreds of thousands of dollars worth of checks and cash without being suspected of dishonesty.”

Tetrault, who is out of town and could not be reached for comment, was a circulation manager in charge of a difficult district in East San Diego. The district was a tough one to manage because of its transient population and high crime rate, said Wacknov.

In his summary, Wacknov wrote that Union-Tribune officials used the theft charges against Tetrault and the difficulties in her district as a pretext to fire her because of her “ardent” union activities.

“I am convinced that the (company) seized upon an opportunity to rid itself of an ardent union activist who, because of the progressive decline of her district, was a vulnerable target,” Wacknov’s opinion read.

He characterized the Union-Tribune’s investigation of the charges against Tetrault “as an inquisition rather than an objective attempt to discover the truth.” By failing to offer specific details about the charges against Tetrault, the Union-Tribune’s intent “was to obfuscate rather than to clarify,” and the investigation against her “was contrived to preclude both Tetrault and the Guild . . . from presenting exculpatory evidence,” Wacknov wrote.

The company was ordered to rehire Tetrault immediately, with back pay and interest. Union-Tribune officials were also told to delete any references to her suspension and firing from her personnel file.

Union-Tribune editor-in-chief Herbert Klein said the company has not decided whether to appeal Wacknov’s ruling. He said the company has notified Tetrault by letter that she can return to work on or before May 6.

He declined to respond to Wacknov’s critical comments of the company’s actions and behavior in its dealings with Tetrault. Klein called Wacknov’s criticisms “unjustified comments.”