A Cleveland television station owned by TEGNA has asked a federal judge in Ohio to dismiss a lawsuit filed by an employment union over the firing of a photojournalist who physically moved a female co-worker while preparing for a live broadcast earlier this year.
The National Association of Broadcast Employees and Technicians – Communications Workers of America, AFL-CIO sued WKYC (Channel 3, NBC) on June 11 on behalf of Matt Lawrence, who was terminated by the Cleveland station in March.
According to court documents reviewed by The Desk, Lawrence allegedly used his arm to “redirect” a female co-worker who was blocking his camera shot while he prepared for a live report from a vigil connected to the deaths of two children, attorneys for TEGNA said. The co-worker later complained about the incident.
The union alleges Lawrence’s termination violated the collective bargaining agreement governing his employment and is seeking his reinstatement.
TEGNA and WKYC dispute that claim.
In a motion filed Tuesday, attorneys representing the broadcaster asked District Judge Michael J. Hendershot to dismiss the complaint with prejudice.
The station argues the collective bargaining agreement expressly gives WKYC the right to “layoff, terminate or otherwise relieve Employees from duty for lack of work or other legitimate business reasons” and separately allows the station to discipline employees for cause.
According to WKYC, the union’s complaint incorrectly assumes a termination must satisfy both standards.
“Because Plaintiff’s Complaint depends upon an alleged breach of a contractual limitation that does not exist in the CBA, Plaintiff fails to state a plausible claim,” the station’s attorneys wrote.
WKYC also argues that even if the agreement were interpreted as requiring cause, the union has not alleged facts showing that Lawrence’s conduct could not qualify as a legitimate business reason for termination.
“The complaint only makes conclusory statements that Lawrence’s termination lacked ‘cause’ and a ‘legitimate business reason,’” the attorneys said.
TEGNA, which is operating as an independent subsidiary of Nexstar Media Group while a federal lawsuit over the company’s combination plays out in a different jurisdiction, is also asking the court to strike requests for pain and suffering damages, reputational damages, attorney’s fees, lost dues revenue and other non-contractual damages.
