The Comic Book Workers United Union Files Unfair Labor Practices Against Image Comics

by Olly MacNamee

Well, if you form a union then there must be good reason to need to be in one. After all, I rarely find that employers really have your best interests in mind when trying to make a fast buck off your hard work. And, even if there isn’t, as an ex-union representative I can only wholeheartedly recommend one.

And so it would seem being in a union was important for the workers at Image Comics who organised The Comic Book Workers United in 2021. They have now filed three charges against their employer with the U.S. National Labor Relations Board. Here’s the union’s full statement:

Members of Comic Book Workers United/CWA Local 7901 (CBWU/CWA) have filed Unfair Labor Practice charges against Image Comics with the National Labor Relations Board in response to capricious disciplinary actions, and targeted changes to job descriptions, alleging anti-union discrimination.

Workers at Image Comics organized with the Communications Workers of America in November 2021 and ratified their contract—a first in the industry—in early March 2023. Workers had hoped Management at Image Comics would meet them at the highroad in working to build an inclusive company culture that respects the rights of workers.

However, since the contract was ratified, the work environment at Image has become increasingly hostile, and has included:

  • Increasingly frequent and arbitrary disciplinary actions, while failing to give appropriate notification to Union Representatives;

  • A series of unilateral changes and discriminatory reductions in job descriptions of Union supporters;

CBWU members have done their utmost to show through our actions that the intention behind organizing was to support each other and to continue bringing the highest level of professional care to the work of our creators.

The deleterious results of these violations of federal labor law have left CBWU no choice but to again file ULP charges. Workers had previously filed charges:

  • 8(a)(3) Changes in Terms and Conditions of Employment

  • 8(a)(1) Concerted Activities (Retaliation, Discharge, Discipline)

The component pieces of this new round of charges filed by CBWU are detailed below:

  • Violation of section 8(a)(1) of the National Labor Relations Act:

    • Coercive Rules

      • Image created a work rule barring solicitation of other employees or dissemination of literature during work hours. CBWU believes this to have been a discriminatory effort to discourage and restrict the ability of Union members to engage in protected organizing activity.

  • Violation of section 8(a)(5) of the National Labor Relations Act:

    • Refusal to Bargain/Bad Faith Bargaining

      • Image unilaterally implemented a new work procedure and initially rolled it out in a non-uniform fashion. The procedure was rolled out at different times, among different employees, with different instructions being given to different workers within the Bargaining Unit. The company refused requests to communicate with the Bargaining Committee over this change prior to implementation. Image Comics managers also misled certain employees to believe that this new policy was mandatory for all Union workers, but this is demonstrably false. The disorganization of the staggered rollout, despite being a clear failure on the part of Management, was used as a pretense for Management to issue more groundless discipline.

      • Disciplinary actions have increased exponentially, with insufficient justification, lacking a full and fair investigation, without notification of the Union, and without the opportunity of having a Union Representative present. Union Representatives have yet to receive a single formal notice of any disciplinary actions.

  • Violation of Section 8(a)(3) of the National Labor Relations Act:

    • Changes in Terms and Conditions of Employment

      • Image unilaterally implemented a change which only materially affected 1 employee – an elected member of CBWU’s Bargaining Committee.

      • Despite assurances made by Management during the bargaining, change drastically reduced the scope of the aforementioned employee’s position, removing a significant portion of the employee’s job. The Union has reason to believe it is punitive and retaliatory in nature.

It is with great disappointment that we have filed these ULP charges, as we continue to strive for a communicative working relationship with Management at Image Comics and enforce the contract that we bargained in good faith. We hope for a timely and productive resolution to these issues.

Signed,

  • Comic Book Workers United

I can only point to the hypocrisy of this new action against a group of employers – Image Comics – who had originally left Marvel for better workers rights and conditions themselves. Now, these very same partners seem to be acting out against others wanting better rights in the workplace for themselves. Shameful behaviour, given that union members, or for that matter, anyone wanting to join a union are being allegedly targeted.

More as it develops…