KPFA: Jackson-Lewis Not Hired for Union Negotiations, Bargaining or Grievances

It doesn't matter what Jackson Lewis was hired to do by Pacifica. Listener dollars are going to support an anti-union, corporate law firm - the worse one in the nation. You are empowering them to undermine working people, at KPFA and elsewhere.

Besides, lawyers put on monthly retainer (which is what happened with Jackson Lewis at Pacifica) means the organization turns to them to take on all sorts of issues, including labor.

The first use of this firm at KPFA involved them issuing letters to workers advising them to open all their email to the prying eyes of the firm.

Pacifica and KPFA used jackson-Lewis for non-union related matters since 2009. Before the current manager. Before the current executive director. Before most of the current board members got on the board. On a case that began in 2006.

So, this is not news to all you insiders, and this outrage has been going on since 2006, but it must stop now. It is one thing to hire Folger Levin (not quite as bad as Jackson Lewis) to defend Pacifica against all the phony NLRB charges, which were defeated. It is another to have notorious union busters on retainer, which I find hard to believe. Who are the bourgeois Babbitts who hired Jackson Lewis? No wonder we never hear regular interviews of socialists, Peace & Freedom Party members and Green Party members on KPFA. All payments to Jackson Lewis must end immediately. Also immediately, we need to hear discussion of socialist ideas and socialist parties on KPFA. We do not need endless bourgeois babble. What we hear on KPFA now is some news and discussion of a few issues a couple days a week on the Morning Mix, mostly on Mondays and Fridays, a little more 5 days a week on Democracy Now and Flashpoints, and some news with lots of fillers on the 6 p.m. evening news, 7 days a week. Guns & Butter covers the 9/11 Inside Job and the economy Wednesdays at 1 p.m. That is all this writer can tolerate on KPFA. If KPFA is to be a voice of the Left and the workingclass, it must fire Jackson Lewis and discuss socialism and general strikes ALL DAY LONG. Let us remember that the rest of the industrialized world has socialized medicine, including Germany since 1883, and today all of Europe, Cuba, Israel, Canada, Australia, and New Zealand has socialized medicine paid for with their tax dollars, guaranteeing medical care to all from cradle to grave . WHERE IS THE DISCUSSION OF HOW TO WIN SOCIALIZED MEDICINE IN THIS COUNTRY? People are dying because they cannot afford ordinary medical care. The rest of the industralized world and other countries have socialized medicine because in those countries LABOR HAD GENERAL STRIKES AND FOUGHT FOR SOCIALIZED MEDICINE.

In case any readers missed the article that provoked this thread about Pacifica's hiring of a union-busting law firm, here it is:

http://www.kpfaworker.org/2012/03/13/pacifica-hires-union-busting-legal-firm-of-jackson-lewis/

Jackson Lewis was hired in 2009 to defend a sexual harassment-retaliation case filed against a KPFA volunteer and then-manager Lemlem Rijio (for retaliation). The case dated back to 2006.

Save KPFA-Concerned Listeners affiliated board reps approved of the settlement secured by Jackson-Lewis and voted in favor of it.

I suggest the CWA have a talk with Save KPFA-Concerned Listeners.

None of the law firms required by an insurance policy are going to be attractive. Insurance companies tend to use sharks.

So if law firms were "required by an insurance policy" as was the case with jackson lewis in the past, Pacifica presumably had no choice about that years ago, when its legal insurance kicked in.

How about NOW, when Pacifica could choose any firm, or could choose to be fair with its workers and simply negotiate instead of litigate? Why did a majority of Pacifica's national board members VOTE TO HIRE ON RETAINER the notorious union busting law firm, Jackson Lewis?

First, we know all about the kpfaworker crap that prompted this discussion. Thank you for having this discussion separate from the kpfaworker crap, which is a separate article on this website.

Second, we are all voting NO on the recall of outstanding Tracy Rosenberg, which is being promoted by the kpfaworker/SaveKPFA/Concerned Listeners Larry Bensky government operation.

Third, there seems to be some ignorance about lawyers on the national board. All lawyers can read the Labor Code out loud and do legal research on Lexis. Most lawyers, at some time in their careers as lawyers, have experience as employers and thus have a working knowledge of the Labor Code. So, there is no need to run to Jackson Lewis for advice on the Labor Code. In the unlikely event that there are no lawyers on the Pacifica National Board, they all must know some lawyers who can be called upon to read the Labor Code out loud and do legal research on Lexis when the dispute does not involve an insurance mandated law firm. The California law firms that should be avoided are Littler Mendelsohn; Jackson Lewis; Schachter Kristoff; Seyfarth Shaw; Kauff McGuire & Margolis; Cook & Roos; Lafayette & Kumagai; Payne & Fears; Curiale Hirschfeld Kraemer and if possible, Folger Levin. There are over 1 million lawyers in the USA including over 170,000 in California. There must be some willing to give advice on the Labor Code to the Pacifica National Board.

As to negotiating with this CWA union, the comment above is appropriate in describing its sellout nature. It is unknown what is being litigated and that litigation may justify hiring attorneys on retainer, but please, not Jackson Lewis. This writer knows from the budgets published on this website and just received from the KPFA station manager today, available at
http://archive.constantcontact.com/fs010/1108652353109/archive/1109487280121.html
THAT THE ONE THING THAT IS OBVIOUS IS THAT MOST OF THE BUDGET IS WAGES AND BENEFITS FOR THE 25 OR SO PEOPLE OUT OF 200 WHO ARE PAID AT KPFA. This is extraordinary, considering many are part-time, yet they receive full medical and pension benefits, unheard of anywhere. They can continue to receive full medical, but pension for part-time employees seems to be a luxury. To all the oldsters (as is this writer) who are still working and on payroll at KPFA, such as those over age 60 and especially over age 65, RETIRE NOW. You cannot take it with you and it is time to pass the torch to the next generation. If there is no one to receive the torch, TRAIN THE NEXT GENERATION NOW.

@Heard that: To clarify what we actually get paid at KPFA. The union wage is $20 per hour. All but three bargaining-unit members at KPFA are part-time. That's not because we (most of us, at least) actually work less than full time, but because we've gotten de facto wage reductions by having our hours cut without having our responsibilities cut.

We do not get pensions. We get an employer match into a 403(b) account (like a 401(k), but for nonprofits). The employer match maxes out at 4% of pay, so it's automatically less money for part timers. That is, when we get it at all--Pacifica has been chronically late on payments into our retirement accounts (which is illegal), and only catches up when we make a public ruckus.

It's true that all employees at KPFA who work more than half time are eligible for full health benefits. And it's true, sadly, that this is becoming less and less common in other workplaces. Speaking for myself as a part-time worker, if I had to pay for my own health benefits, my wages would not be enough to cover the cost. I would have to either go without coverage or look for work somewhere else.

Meanwhile, Folger Levin's rate is $400/hour. We don't know what Jackson Lewis is charging, but I assume it's comparable. When Folger Levin doesn't get paid on time, Pacifica pays them over 16% APR on the unpaid. After Pacifica illegally delayed contributions to our retirement accounts, they promised to pay us 3.2% on late payments. What does that say about Pacifica's priorities?

Wages at KPFA are $20/hour to start plus a monthly bonus for every year of seniority. There are several employees that have been there for 15- 20 years (or more) and basically double their salaries via seniority bonuses. A number of employees are also at .87 time. Those are the tiny cuts made when KPFA was losing half a million dollars a year in 2009-2010.

All employees have BOTH a 4% match on their 403(b) contributions AND a pension plan with a 2% employer match on contributions. It's in the contract. The late 403B payments for the past ten years (the majority of which happened in 2005) have been caught up. The lost interest was less than $3,000 over a decade between 100 employee accounts by IRS calculation formulas.

A halftime position doesn't cover healthcare costs because the healthcare premiums are crazy expensive. $700 per employee for a plan with the lowest co-pay. The union resisted efforts to move to a $35 or $50 copay plan to reduce costs (instead of $10). Had the union been reasonable in previous years, some layoffs aould have been avoided by reducing premiums to $400 a month per employee or so.

Folger-Levin (which handles labor issues) would be unemployed if KPFA's union would stop filing frivolous grievances. CWA filed 5 with the Labor Relations Board. Lost every one of them.

Same thing for Jackson-Lewis on insurance lawsuits. Stop filing and they don't get any money from the insurance company. But if employees who embezzle file lawsuits and years-old alleged sexual harassment cases are filed, then there will be legal expenses.

It is well-documented that Pacifica is using Jackson Lewis on at least four cases that are not under the control of Pacifica’s insurance carrier -- in other words, Pacifica has chosen to use the firm, not had the firm imposed on it.

Pacifica recently put Jackson Lewis on a general retainer to deal with labor issues.

What does it matter whether it was Pacifica’s insurance carrier that initially hired Jackson Lewis? Pacifica has repeatedly chosen to expand its use of the nation’s top union-busting firm.

It’s a gross misuse of listener dollars and a threat to Pacifica’s unions.

Sign the petition against union-busting at http://www.kpfaworker.org

Arlene Englehardt, Pacifica's Exec. Dir. makes an assessment of this tempest as well as the context at KPFA and around the network:
http://supportkpfa.i941.net/?p=773

The KPFA Unpaid Staff Organization (UPSO) endorsed this statement at the December 6, 2011 meeting: The KPFA Worker site does not represent the Unpaid Staff Organization.

The unpaid staff is well over half of those who work at KPFA. We are not represented by the staff union. I, for one, find 98% of what is posted on the KPFA Worker site runs the gamut from distortions to lies.

A reliable source says that CWA filed 15 grievances, 1 arbitration request and 5 NLRB complaints after the November 2010 layoffs. If they'd stop running to the courts, listener money would not be spent on lawyers.

Vote No on the recall of Tracy Rosenberg. Let's put a stop to these over-the-top dramas.
http://www.stopthekpfarecall.org/