Los Angeles Arbitration

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Los Angeles Arbitration

Berkeley-A Los Angeles arbitrator has issued an interim decision in the conflict between labor union SAG-AFTRA and Pacifica Foundation. The arbitration began last fall after Margy Wilkinson appointed community college instructor Leslie Radford to be KPFK’s new general manager and Radford laid off two union staffers and cut the rest down to 50% pay. The interim decision affirmed the union on all counts and stated the labor union contract had been violated multiple times by Radford and Pacifica, including:

a. Not consulting with the union prior to implementing layoffs in violation of the bargaining agreement.

b. Layoffs of union staffers that were a violation of the bargaining agreement.

c. Involuntary pay cuts that were constructive layoffs and the denial of severance pay due to employees if they chose to leave KPFK’s employment in violation of the bargaining agreement.

ED’s Wilkinson, Proffitt and Brazon and GM Radford insisted attorney Dan Siegel had advised them they were not violating the SAG-AFTRA contract, but Siegel was unable to defend Pacifica against the union’s charges, which have now been upheld in independent arbitration.

Following the arbitrator’s interim decision, the parties will attempt to settle the remedies due to the workers and return to arbitration if they are unable to come to an agreement.

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Started in 1946 by conscientious objector Lew Hill, Pacifica’s storied history includes impounded program tapes for a 1954 on-air discussion of marijuana, broadcasting the Seymour Hersh revelations of the My Lai massacre, bombings by the Ku Klux Klan, going to jail rather than turning over the Patty Hearst tapes to the FBI, and Supreme Court cases including the 1984 decision that noncommercial broadcasters have the constitutional right to editorialize, and the Seven Dirty Words ruling following George Carlin’s incendiary performances on WBAI. Pacifica Foundation Radio operates noncommercial radio stations in New York, Washington, Houston, Los Angeles, and the San Francisco Bay Area, and syndicates content to over 180 affiliates. It invented listener-supported radio.

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A Crevasse, But No Bond

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Berkeley-In California, Alameda Superior Court denied Siegel and Yee’s motion to require the two listener-member plaintiffs in Yeakey vs. Pacifica to provide a $50,000 bond. The concise denial can be seen here and states: “The court concludes the plaintiffs are not required to post a bond because they have not pled any derivative claims”. Siegel and Yee have since filed a demurrer, yet another procedural feint that runs up Pacifica’s legal costs.Yeakey vs. Pacifica seeks to remove 7 directors whose three-year elected delegate terms expired in December of 2015 and 2 affiliate representatives who are not connected to stations currently affiliated with Pacifica. Continue reading A Crevasse, But No Bond

The Agreement Not To Decide Anything

 

A clip from the 5-18 PNB elections committee. The actual conversation about the motion to agree not to decide anything was twice as long, but this is enough the provide the idea. This followed a 45 minute question and answer session with the 2015 election supervisor Joy Williams for her to present her report and that session had already occurred. The sub-committee report referred to had reading time as tested with a stopwatch at about 3 minutes 15 seconds.

Update On Missing Payroll

 

This clip from Pacifica’s finance committee has CFO Sam Agarwal explaining the delayed payroll on May 15th. The snip also includes some general discussion from the meeting including:

— Payroll update

—  WPFW restricted funds

—  Proposal regarding programming issues at stations with financial shortfalls

—  Major deficiencies in 2015 accounting records. “For the past two years, we don’t know what the balances are that the stations owe to the national offices or what in turn  we owe to other entities”

— Whether it is alarmist to invoke the threat of bankruptcy

—  Steep drop in WPFW income in 2016

Witch Hunts Redux

 

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Berkeley-Houston’s KPFT, usually the quietest and smallest of Pacifica’s five radio stations, exploded into witch hunt mode this week after a dust-up about frequently absent board member Maria Elena Castellanos trying to “rescind” her resignation a month after submitting it. After the Siegel/Brazon majority in Houston supported the absurd claim, the board doubled down and proposed suspending 4 members of the independent faction for six months for sending emails advocating that Castellano’s resignation couldn’t be taken back a month afterwards per Pacifica’s bylaws – which state board seats become vacant upon the occurrence of a resignation. The targeted board members include Bill Crosier, the former president of the Houston Peace and Justice Center, George Reiter, a professor of physics at the University of Houston, long-time KPFT volunteer Teresa Allen and Prison Show producer Hank Lamb, a former Siegel/Brazonite who broke with the faction in July of 2014 after telling them to “cut the crap” and calling for Margy Wilkinson’s removal as board chair.
Continue reading Witch Hunts Redux

Striking Out Solvency

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Berkeley-At Thursday’s national board meeting, the majority spent most of the meeting passing a resolution instructing station management to “run their operations more productively” by such actions as calling credit card donors whose credit cards don’t go through and encouraging past donors to renew. Houston listener rep Bill Crosier attempted to amend the resolution to also address the content being broadcast. He proposed rolling back program changes in the last 12 months that generated less net fund drive revenue than the pre-change content. Continue reading Striking Out Solvency

Legal Bills For Procedural Quibbles

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Berkeley-In bicoastal court appearances this week, Pacifica relied on procedural feints to further delay hearings on two requests for injunctive relief filed against them by their own members. In Northern California, Yeakey vs. Pacifica requests the removal of 7 national board members whose elected terms expired in December of 2015 and who were not re-elected, and the removal of two Pacifica affiliate representatives who are not affiliated with current Pacifica affiliated stations. The complaint can be seen here. In New York, Young vs Pacifica requests the seating of national board representatives from WBAI-FM who have been prevented from voting or participating on the national board for four months by the Siegel/Brazon majority faction. The East Coast complaint can be seen hereContinue reading Legal Bills For Procedural Quibbles

No Defense

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Berkeley-Unofficial corporate counsel Dan Siegel and his law firm responded to the Yeakey Vs Pacifica lawsuit, which requests the removal of two affiliate directors whose stations do not have current affiliate contracts with Pacifica and the removal of the 7 current members of the board of directors whose elected terms ended in December of 2015, by postponing a hearing on the merits of the case and demanding a bond of $50,000 from the two listeners who filed the suit. A bond request requires documentation of how the defendants would face a loss of that amount or more were they not to prevail in the case, which Siegel and Yee did not provide. The complaint can be seen here.
Continue reading No Defense

Claim of Mystery Lawsuit at WPFW

 

The election committee meeting of April 18 ended strangely with WPFW local board member Eric Ramey saying a lawsuit had been filed, weeks ago, against WPFW and presumably the Pacifica Foundation. At least 4 national board members on the call indicated they knew nothing about the matter.

Update: WPFW local station board member Eric Ramey provided this as a follow-up statement in response to requests for documentation.

“I was informed earlier the Corporation for Public Broadcasting is investigating.  In addition the justice department will investigate to determine if any FCC violations have occurred. Accordingly I will invoke the 5th and remain silent”.

Update: David Levine, WPFW’s 2015 local election supervisor until the PNB cancelled the DC election,  was contacted by telephone and stated he did not sue WPFW, threaten to sue WPFW, cause papers to be served on WPFW’s general manager or trigger any investigation by CPB, FCC or DOJ.

Local station board member Eric Ramey has indicated he is unwilling to speak further on the matter and was chastised by PNB member Nancy Sorden who asked him to consult with her prior to speaking freely in Pacifica’s streamed meetings saying “we’re all on email at the same time we are on the phone”.

She added “Could you agree to staying open to hearing those reminders and cautions and if you are not sure email ahead of time
or during the meeting?”

Continue reading Claim of Mystery Lawsuit at WPFW

Civil Liberty Alert: Listener-Funded Pacifica Radio Under Siege In N.Y. And D.C.

 

opednews

By John Ervin

(Posted at http://www.opednews.com/articles/Civil-Liberty-Alert-Liste-by-John-Ervin-Civil-Liberties_Civil-Liberties_Pacifica_Radio-160404-143.html

Civil Liberty Alert: Listener-Funded Pacifica Radio Under Siege In N.Y. And D.C.

When it comes to dissidence and democracy, nobody does it better than KPFK, KPFA, WBAI and their sister stations in DC and Houston, and more than a hundred eighty affiliates. Continue reading Civil Liberty Alert: Listener-Funded Pacifica Radio Under Siege In N.Y. And D.C.