Appeals court sides with newspaper in labor fight
Headline Legal News
A federal appeals court on Tuesday sided with the publisher of the Santa Barbara News-Press in a long-running labor dispute between the newspaper and reporters who were fired after they complained about its editorial practices.
The U.S. Court of Appeals for the D.C. Circuit ruled that the newspaper's publisher was protected by the First Amendment when it dismissed eight reporters and disciplined others who claimed the owner was interfering with news coverage.
The reporters claimed they were illegally fired for union activity and legitimate complaints about their terms of employment. But the court found the dispute was all about editorial control.
"The First Amendment affords a publisher — not a reporter — absolute authority to shape a newspaper's content," Judge Stephen Williams wrote for a three-judge panel.
The ruling stems from a dispute between Ampersand Publishing LLC and employees that began in 2006. Nearly every top editor at the paper quit in protest over what they said was owner Wendy McCaw's meddling in news coverage.
Newsroom employees later voted to form a union, and they have been fighting with the newspaper since then over bargaining rights.
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USCIS Issues Clarifying Guidance on NAFTA TN Status Eligibility for Economists
U.S. Citizenship and Immigration Services (USCIS) announced today that it is clarifying policy guidance (PDF, 71 KB) on the specific work activities its officers should consider when determining whether an individual qualifies for TN nonimmigrant status as an economist.
The North American Free Trade Agreement (NAFTA) TN nonimmigrant status allows qualified Canadian and Mexican citizens to temporarily enter the U.S. to engage in specific professional activities, including the occupation of economist. The agreement, however, does not define the term economist, resulting in inconsistent decisions on whether certain analysts and financial professionals qualify for TN status as economists.
TN nonimmigrant status is intended to allow a limited number of professionals and specialists to work temporarily in certain specifically identified occupations in the United States. This updated guidance provides USCIS officers with a specific definition of one such category – economists – allowing them to adjudicate applications in a way that complies with the intent of the agreement. This policy update clarifies that professional economists requesting TN status must engage primarily in activities consistent with the profession of an economist. Individuals who work primarily in other occupations related to the field of economics — such as financial analysts, marketing analysts, and market research analysts — are not eligible for classification as a TN economist.