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Less than a month after being unceremoniously dumped by the newspaper he led for 17 years, former Press-Register Publisher Howard Bronson filed suit alleging the paper and it’s parent company Advance Publications committed a breach of contract, acted fraudulently and intentionally misrepresented themselves in dismissing him in August.
In a 46-page filing in Mobile County Circuit Court Friday afternoon, Bronson laid out his case against the Press-Register, which is ultimately owned by Newhouse Newspapers, one of the nation’s largest chains. Bronson also named Advance Publications’ Managing Partner Mark Newhouse in the lawsuit. The suit claims Bronson was asked by Mark Newhouse on Aug. 10 to retire, who promised him six moths salary in return. Bronson demurred and was given a two-week notice by Newhouse. His last day at the paper was Aug. 29, and new publisher Ricky Mathews was announced to the staff the following Monday, Aug. 31. An article announcing Mathews’ arrival and Bronson’s retirement was published on al.com – Newhouse’s statewide Web site – that same day and was followed by a similar article in the Press-Register the following day. Both claimed Bronson had retired.
“That’s not true,” said Vince Kilborn, Bronson’s attorney. “He did not retire. He did not retire. And there are going to be a lot more people unceremoniously dropped. The reiterated their pledge as recently as 2008. They basically said, ‘you’re being replaced thank you very much.’”
Bronson’s civil suit centers upon the “Newhouse Pledge,” a well-known promise from the company to not lay-off or terminate its employees because of economic circumstances. Bronson’s suit claims he was wooed to work for the Press-Register in large part because of this pledge, one he says was a major selling point for bringing people to work for Newhouse Newspapers.
“The Newhouse family enticed him to come here 18 years ago saying he wouldn’t be terminated for economic reasons. Then they did that. The man isn’t happy,” Kilborn said.
The “Newhouse Pledge” is even placed on page one of the Press-Register’s employee manual, according to Bronson. It reads: “No full-time, non-represented employee will be laid-off or otherwise lose his or her job due to technological change or economic conditions, as long as our newspaper continues to publish daily in its current newsprint form. Of course, you are expected to perform your work satisfactorily and not engage in misconduct. Also, you must successfully complete your probationary period and be willing to retrain for another job, if our Company determines that is necessary.”
Not only does Bronson’s suit claim the pledge was violated in his termination, it claims the company is preparing for massive layoffs, and that Bronson was informed by the company in July of this year that it intends to eliminate the pledge effective Feb. 5, 2010. The suit claims Bronson voiced “strong disagreement” to his superiors about the revocation of the pledge and suggested it at least be kept in place for employees with more than five or 10 years of service. He claims that proposal was summarily rejected by the Newhouses, who are routinely found on Forbes list of the richest Americans.
“This is a heavy-weight lawsuit. Nobody ever sues the Newhouses. We’ve got ‘em scared,” Kilborn said.
The lawsuit paints the Newhouse family as one that has stopped caring about employees. “Bronson knew that the Newhouse Newspapers had gone from a company that put its employees first to a company run by a group of younger Newhouse cousins, with silver spoons and silk stockings, who do not give a damn about their employees. This new Newhouse regime consisted of a third generation of Newhouses, the grandchildren of the patriarch founder, the late S. I. Newhouse, Sr.,” the filing reads.
The suit also details a speech Bronson was to give to employees regarding the revocation of the pledge. It came with some prepared answers to expected questions, one of which says, “If our newspaper fails to adjust to the new circumstances facing our newspaper and industry, we will not survive and all of us will lose our jobs.”
Some of the other items detailed in the suit are how Bronson “improved efficiency” for both the Press-Register and the other Newhouse-owned papers in the state – the Huntsville Times and Birmingham News. Among those improvements were using Press-Register reporters to provide University of Alabama and Auburn University sports coverage, having the Press-Register provide accounting, human resources, telephone operations and classified ad sales for Huntsville, preparing to take over accounting for the Birmingham News, and printing for the Pensacola News-Journal.
Some insiders at the paper have speculated the Alabama Newhouse-owned papers are about to undergo the same kind of consolidation as went on in Michigan, where staffs were trimmed and moved into the same operations, some papers were cut back to four-day-a-week publishing schedules and some were closed. Mathews, in addition to being Press-Register publisher, is also in charge of The Huntsville Times and Birmingham News, although they still have their own publishers.
Over the past year, employees have already had to take unpaid leave, effectively reducing their salaries. Longtime Advertising Director Larry Wooley also announced his retirement in the past week, although P-R insiders say the move was not something forced by the corporation.
Bronson also claims to have saved the paper money by absorbing The Mississippi Press into the Press-Register and moving its skeletal crew into cheaper office space. Also revealed is a pending plan to cut the width of the newspaper in order to save money, and the voluntary buyout of approximately 36 full-time positions. All in all, Bronson claims to have reduced the paper’s full-time workforce by 63 positions over the past year.
Among the causes Bronson is suing for are willful or reckless misrepresentation, suppression of material fact, promissory fraud and breach of contract. Kilborn says he is suing actual damages amounting to the loss of salary and punitive damages to be decided by the jury.
“If you’re a loyal, trusted servant, and you get dropped, you’re in shock,” Kilborn said.
He says it could take up to two years for the case to go to trial.
jessicab says:
March 18, 2010
03:32 PM
After seeing a very talented executive unceremoniously dumped Howard Bronson himself after he had just moved to the area, taken a job with Bronson and bought a house, it's nice to see some justice.
Just to share a little of what I learned while earning my Southern law degree...
WORK AT WILL WORK AT WILL WORK AT WILLWORK AT WILLWORK AT WILLWORK AT WILLWORK AT WILLWORK AT WILLWORK AT WILLWORK AT WILL
Good riddance.
olslither1 says:
October 14, 2009
09:02 AM
I am not personally acquainted with Mr. Bronson, but after over 35 years working for many (Newhouse is not one of them) of the now huge media companies that own most of the newspapers around the country, I totally understand how he was in lock-step with their never-ending schemes to get more work out of their employees without paying them fairly and to eliminate anyone who makes "too much money" by any means. Even if it means outright lies and illegal actions. All of this is industry-wide and justified by the attainment of profits which are high by any standard in any industry.
All of a sudden, Mr. Bronson becomes the target rather than the highly paid archer. He has been defined as expendable and overpaid, not to mention possessing damaging knowledge of the company's transgressions against their employees. I've been there and done all of that and this lawsuit, while I would love to see the company and the industry exposed for the actual criminals they are, is doomed to be a very costly failure for Mr. Bronson. Newspaper/Media companies really work the legal profession out when it comes to employee relations and accounting practices. The manner by which they account for their business transactions, if really, truly audited by the Internal Revenue Service, would place most Newspaper/Media CEO's and CFO's in with the financial criminals in jail today.
Dishonest auditing firms encourage disallowed practices and Human Resource executives use the law to exploit the employees of newspapers all of the nation. Mr. Bronson will remember, as I do, back in the late-70's and during the 80's when the Harvard MBA's became the "darlings' of newspaper companies and the framework for the exploitation of workers started to come together. We now have what we helped to create. Unfortunately, Mr. Bronson, we can't go back and undo what we did, nor can we escape becoming a victim if we are only an employee ourselves.
Good Luck! Wish I could help.
ruthra says:
September 22, 2009
10:02 PM
Truer words were never written, mobeeleel. Insted of defending Jacobs, msylady needs to look up the word plagarism. Talk about unprofessional.
ussveritas says:
September 21, 2009
05:09 PM
Some of you high-powered investigative reporters should look into what it takes in Alabama to establish a contract for employment other than at will. THat would do a better job of informing the public than repeating what is in the lawsuit that Mr. Bronson filed. I know he is mad, but that does not a lawsuit make. Do a little research, learn how it works.
fallwell says:
September 21, 2009
01:39 PM
I'm so glad somebody does work like this that traditional dailies will not do.
Over here in Georgia, we don't know Daddy but have been blessed with the presence of his son, a clueless yet proud third-generation newspaper man.
mobeeleel says:
September 20, 2009
11:30 PM
MSLady, Let's not start defending Wanda Jacobs. If there was anyone minding the store for these papers, her ass should have been out of there three months after she was hired.
Frankly, she was only hired so Newhouse could claim it had the first black, female publisher in the South. She was a horrible leader. She got rid of Editor Gary Holland, who had a lively, aggressive newspaper, and brought in a series of puppets who would do whatever SHE wanted. She turned a paper that had a circulation of 25,000 on Sundays into one that was less than 10,000 when it was "absorbed."
If she was treated unprofessionally, then it's Karma biting her in the butt, too. She treated Gary Holland with zero respect, kicking him out as he was within spitting distance of retirement, leaving him to go out and have to work as a bureau reporter for the Sun-Herald. Gary's Mississippi Press was far, far better than anything Wanda ever put together.
If she's sitting in an office doing nothing right now, she ought to consider herself lucky to be getting a check. At least she has nothing to do now when she rolls in every day at 10 a.m. after having her hair done.
msylady says:
September 20, 2009
03:18 PM
Wow! Talk about karma! Well, to Mr Bronson all I can say is to quote an old Bob Dylan song, "How does it feel?"
You had no problem coming to The Mississippi Press and feeding our staff a bunch of lies of how the "new format and ad prices" were going to make our jobs easier. Knowing full well that within two weeks you would again visit our office, but then to offer our entire staff buyout packages!! If that wasn't enough, the way Ms. Wanda Jacobs, the previous Publisher of The Mississippi Press was treated was unprofessional, at best. Class Act? I think not. Now, Mr. Bronson knows how "the little people" feel.
mobeeleel says:
September 20, 2009
08:42 AM
A couple of you are right in your own way. By making a pledge to employees, Newhouse has set itself up for a class-action lawsuit. What kind of pledge is it that goes away the first time there's financial trouble.
Kind of like Waffle House pledging they'll enjoy a clean and comfortable dining experience, unless the staff doesn't feel like breaking out the Lysol that day.
On the other hand, Bronson did get plenty of help in his rise to the top from his own daddy and has made tons of money in the process. During his tenure as publisher, he's acted as a dictator, exposing those who disagree with his policies to the paper's wrath and ridicule. As a result of it's one-sided journalistic policies, the Press-Register isn't taken seriously by a lot of people in town anymore. Yes, they have some good journalists there, but their editorial leadership is poor, at best.
They cover for the mayor every chance they get and only go after a few selected "targets" instead of being equal opportunity ass-kickers.
As to whether Howard is a class act, I know several people who would disagree. My guess is he knows exactly what will "get" the modern Newhouses, which is probably exposure of their financial status. I have a feeling it's primarily sour grapes.
The paper's under 100,000 in circulation now and was at 120,000 four years ago. That's a poor record, regardless.
michael says:
September 19, 2009
08:24 PM
Although I do not know Mr. Bronson personally, my impression is that he is a man of tremendous integrity and a strong ethical base. A class act. The easy way out would be to move on and enjoy retirement. Having the courage to stand up for what is right in a legal setting takes more than what most people are willing to endure. I admire you and will pray that this works out in your favor Mr. Bronson.
observer says:
September 19, 2009
01:46 PM
You've got to be kidding me!
Mr. Bronson is using the terms "silver spoon and silk stockings" to refer to the current regime at Newhouse? That sounds like the pot calling the kettle black. My understanding of Mr. Bronson is that his daddy was a big-time newspaper man and junior "earned his wings" and "climbed the ranks" under daddy. Hmmm, makes his use of the the term silver spoon kind of comical doesn't it?
Mr. Bronson are you so used to getting everything your way - that you can't let this go? Come on, get over yourself. This suit makes you look like a big cry-baby.
It is business - it is the Newhouse bat and ball and not daddy's. You can't pout and get your way every time.
Instead, why not just enjoy your retirement and stop embarrassing yourself with this cry-baby lawsuit.
Geez, let it go..
comrade says:
September 19, 2009
02:26 AM
Seems like a corporate pledge is a weak basis for a wrongful termination lawsuit, in spite of the circumstances...
I think the Waffle House pledges to its customers that they will enjoy a clean and comfortable dining experience with each visit - and using Bronson's logic I can probably bankrupt them with a class-action settlement next week.
Still, I sometimes wonder why I maintain my PR subscription at all. I can get the same local news elsewhere for free, their investigative spirit (Herman Thomas notwithstanding) has all but disappeared and their editorializing is increasingly insignificant.
The sports staff is top-notch though.
The best thing I think I've gotten from the PR the past year is a new delivery driver, who makes an admirable effort to toss the paper on my front porch every morning.
Good luck Bronson.