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Pacifica ED: Pacifica not anti-union; explains their use of Jackson-Lewis law firm
The response of Arlene Engelhardt, Pacifica's Executive Director, to the charges that it is supporting anti-union law firm Jackson-Lewis, is posted on SupportKPFA.org . Arlene Engelhardt explains Pacifica's use of the Jackson-Lewis law firm.
It is reposted here.
It is reposted here.
Pacifica respects our workers’ rights to union representation and we deplore “union busting” wherever it occurs—and it WILL NOT occur at Pacifica on my watch.
We also expect Pacifica’s KPFA staff to act, speak and report with integrity and professionalism when they have disputes with management. In that expectation I have been deeply disappointed since I came to Pacifica in December 2009.
For the past 18 months “KPFAWorker” and “SaveKPFA” have put out a relentless barrage of distortions, half-truths and outright falsehoods intended to whip up a frenzy—with no middle ground, no nuance, no room for exploring and resolving the multi-faceted problems facing KPFA and Pacifica.
Their most recent blast is that Pacifica’s hiring the Jackson Lewis law firm is “a declaration of war on the unions that represent Pacifica workers.” This is an incendiary falsehood. Pacifica has amicable relations with all our employees’ unions except CWA local 9415 at KPFA.
Jackson Lewis was first hired in 2010 to handle only litigation and IS NOT INVOLVED IN UNION RELATIONS AT PACIFICA AT ALL.
After several seriously mishandled lawsuits, Pacifica desperately needed a competent employment litigation defense firm. Jackson Lewis was hired from a list of firms approved by our insurance carrier. They have provided legal defense in five lawsuits around the network, including four brought by former management employees, and have handled two arbitrations at WBAI. Three cases are still pending including one at KPFA. Our insurance deductible for each case is $125k—more than 2 employees’ salaries and benefits for one year at KPFA.
In every case, Jackson Lewis has saved us money by working at reduced rates and handling matters efficiently while looking for reasonable early settlements. In addition, they recently agreed to a retainer for 4 hours/month at greatly reduced rates to assist us with non-litigation matters. The amount of litigation around Pacifica is a disgrace that comes from years of extremely destructive factionalism.
It’s up to the Pacifica National Board, but I have advised them that terminating Jackson Lewis would be reckless and expensive. Changing lawyers in mid-litigation is dangerous. The stations would have to pay new lawyers to get up to speed. Our insurance company may penalize us for it. They have done an exemplary job. And they are NOT engaged in “union busting” for Pacifica.
CONCERNING OTHER RECENT "KPFAworker/SaveKPFA" CHARGES -- CONTEXT MATTERS
Ten years ago, through extraordinary efforts by Pacifica’s listeners, Pacifica was saved from a “corporatizing” board of directors. Their intent was to “NPR-ize” Pacifica and tone down its more radical programming.
When the new board of directors took over in January 2002 Pacifica was bankrupt. The former Executive Director had drained all five stations’ bank accounts—including about $1.4 million from KPFA—to pay lawyers, PR firms & private investigators to fight the “Free Pacifica” movement. Pacifica was over $4 million in debt and had no cash.
Through the extraordinary generosity of our listeners, Pacifica recovered and paid off its outside creditors between 2002-2005.
For the first few years there was an air of excitement & victory that enlivened Pacifica. New programs were brought to the air. Elected local and national boards and program councils including listeners were established for the first time. But for some these were unsettling intrusions.
The tide turned around 2006-2007. Faction fighting at all five stations took its toll. The spirit of collaboration and openness faded and programming became stagnant. Media activism on the internet began to displace Pacifica, as we were not keeping pace with innovations.
Pacifica‘s overall listener support dropped 23%—from $13.8 million for fiscal year ending (FYE) September 30, 2006 to $10.6 million for FYE 2010. KPFA’s listener support dropped 27%—from $4.0 million for FYE 2005 to $2.9 million FYE 2010.
KPFA, WBAI and WPFW have been running seriously in the red. KPFA lost $1.5 million in the four years from FYE 2007 through FYE 2010, while Pacifica as a whole lost $5.5 million. Stations have met their payrolls by not paying their share of network-wide expenses (Central Services)—for Democracy Now!, the Pacifica Radio Archives, our insurance, our auditors, etc. Stations have also used the National Office as a “bank” to advance sums for their expenses—health premiums, legal expenses, pension fund contributions, etc. As a result, Pacifica national is carrying almost $3.4 million in accounts receivable from the stations, and $1.3 million in debts to outside creditors. This cannot continue.
If KPFA and Pacifica are to survive, then people must work together to solve our problems. KPFA’s programming must be revitalized. I’m proud of the work this past year of many people at KPFA in extremely difficult circumstances—especially the volunteers at the “Morning Mix” and the interim Manager and Program Director, Andrew Phillips & Carrie Core. They are bringing in new voices and perspectives and building new audiences for KPFA.
But at the same time “KPFAWorker/SaveKPFA” is driving away listeners and donors with their constant negative campaign. Many listeners are sick of it and tuning us out and finding more positive things to support. A media revolution is underway. The Occupy Movement is demanding and creating it. KPFA & Pacifica can either open our doors and be a hub for it, or sink in our own mire.
I do believe regeneration is possible. I call on everyone to put down their swords and find ways to solve our problems together.
We also expect Pacifica’s KPFA staff to act, speak and report with integrity and professionalism when they have disputes with management. In that expectation I have been deeply disappointed since I came to Pacifica in December 2009.
For the past 18 months “KPFAWorker” and “SaveKPFA” have put out a relentless barrage of distortions, half-truths and outright falsehoods intended to whip up a frenzy—with no middle ground, no nuance, no room for exploring and resolving the multi-faceted problems facing KPFA and Pacifica.
Their most recent blast is that Pacifica’s hiring the Jackson Lewis law firm is “a declaration of war on the unions that represent Pacifica workers.” This is an incendiary falsehood. Pacifica has amicable relations with all our employees’ unions except CWA local 9415 at KPFA.
Jackson Lewis was first hired in 2010 to handle only litigation and IS NOT INVOLVED IN UNION RELATIONS AT PACIFICA AT ALL.
After several seriously mishandled lawsuits, Pacifica desperately needed a competent employment litigation defense firm. Jackson Lewis was hired from a list of firms approved by our insurance carrier. They have provided legal defense in five lawsuits around the network, including four brought by former management employees, and have handled two arbitrations at WBAI. Three cases are still pending including one at KPFA. Our insurance deductible for each case is $125k—more than 2 employees’ salaries and benefits for one year at KPFA.
In every case, Jackson Lewis has saved us money by working at reduced rates and handling matters efficiently while looking for reasonable early settlements. In addition, they recently agreed to a retainer for 4 hours/month at greatly reduced rates to assist us with non-litigation matters. The amount of litigation around Pacifica is a disgrace that comes from years of extremely destructive factionalism.
It’s up to the Pacifica National Board, but I have advised them that terminating Jackson Lewis would be reckless and expensive. Changing lawyers in mid-litigation is dangerous. The stations would have to pay new lawyers to get up to speed. Our insurance company may penalize us for it. They have done an exemplary job. And they are NOT engaged in “union busting” for Pacifica.
CONCERNING OTHER RECENT "KPFAworker/SaveKPFA" CHARGES -- CONTEXT MATTERS
Ten years ago, through extraordinary efforts by Pacifica’s listeners, Pacifica was saved from a “corporatizing” board of directors. Their intent was to “NPR-ize” Pacifica and tone down its more radical programming.
When the new board of directors took over in January 2002 Pacifica was bankrupt. The former Executive Director had drained all five stations’ bank accounts—including about $1.4 million from KPFA—to pay lawyers, PR firms & private investigators to fight the “Free Pacifica” movement. Pacifica was over $4 million in debt and had no cash.
Through the extraordinary generosity of our listeners, Pacifica recovered and paid off its outside creditors between 2002-2005.
For the first few years there was an air of excitement & victory that enlivened Pacifica. New programs were brought to the air. Elected local and national boards and program councils including listeners were established for the first time. But for some these were unsettling intrusions.
The tide turned around 2006-2007. Faction fighting at all five stations took its toll. The spirit of collaboration and openness faded and programming became stagnant. Media activism on the internet began to displace Pacifica, as we were not keeping pace with innovations.
Pacifica‘s overall listener support dropped 23%—from $13.8 million for fiscal year ending (FYE) September 30, 2006 to $10.6 million for FYE 2010. KPFA’s listener support dropped 27%—from $4.0 million for FYE 2005 to $2.9 million FYE 2010.
KPFA, WBAI and WPFW have been running seriously in the red. KPFA lost $1.5 million in the four years from FYE 2007 through FYE 2010, while Pacifica as a whole lost $5.5 million. Stations have met their payrolls by not paying their share of network-wide expenses (Central Services)—for Democracy Now!, the Pacifica Radio Archives, our insurance, our auditors, etc. Stations have also used the National Office as a “bank” to advance sums for their expenses—health premiums, legal expenses, pension fund contributions, etc. As a result, Pacifica national is carrying almost $3.4 million in accounts receivable from the stations, and $1.3 million in debts to outside creditors. This cannot continue.
If KPFA and Pacifica are to survive, then people must work together to solve our problems. KPFA’s programming must be revitalized. I’m proud of the work this past year of many people at KPFA in extremely difficult circumstances—especially the volunteers at the “Morning Mix” and the interim Manager and Program Director, Andrew Phillips & Carrie Core. They are bringing in new voices and perspectives and building new audiences for KPFA.
But at the same time “KPFAWorker/SaveKPFA” is driving away listeners and donors with their constant negative campaign. Many listeners are sick of it and tuning us out and finding more positive things to support. A media revolution is underway. The Occupy Movement is demanding and creating it. KPFA & Pacifica can either open our doors and be a hub for it, or sink in our own mire.
I do believe regeneration is possible. I call on everyone to put down their swords and find ways to solve our problems together.
For more information:
http://supportkpfa.i941.net/?p=773
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They used to call themselves "Concerned Listeners" (CLers), then changed it to "Save KPFA", a name they stole from a group of activists who fought for listener democracy during most of the 1990's. Members of the original Save KPFA objected to the theft of the name.
http://www.indybay.org/newsitems/2010/09/06/18658085.php
Among the persons in the bogus "Save KPFA" group is Harmeet K. Dhillon, chair of the GOP in San Francisco
http://danielborgstrom.blogspot.com/2011/05/kpfas-republican-activist.html
Pacifica faced arbitrations because she fired staff at KPFA out of seniority order (that’s why Brian Edwards-Tiekert got his job back, with backpay).
It faced NLRB complaints because Pacifica gagged its workers from discussing what was happening on the air–something that might be legally-defensible, but runs contrary to Pacifica’s very mission statement.
Pacifica faced grievances — as does any unionized employer — because of legitimate concerns about working conditions. But Arlene Engelhardt is the first manager in Pacifica who has rejected every grievance out of hand, instead of trying to work them out with union reps. When cases go to the NLRB, it is because Pacifica won’t resolve routine disputes through the normal process.
And Pacifica faces at least one lawsuit because of how badly Engelhardt handled the departure of an employee who had already volunteered to take a severance package — trying to renege on the terms of that package, refusing to deal with her concerns about a co-worker’s harassing conduct, etc.
The fact is, Pacifica’s facing a high level of legal activity because Engelhardt is a terrible manager who doesn’t know how to deal with workers, and doesn’t know how to deal with unions. And her only solution is to hire a union-busting law firm — not deal with the root causes.
Under her “leadership,” KPFA has paid over $120,000 — and counting — to anti-union legal consultants. She and her allies have concocted a “budget crisis” to enable them to justify their actions. At the same time, they refused over $63,000 of pledges raised in good faith by SaveKPFA to restore the Morning Show and its excellent paid and unpaid staff.
Yes, KPFA’s income declined over the last several years for two main reasons: the sharp decline in the economy overall and Pacifica’s own mismanagement, like canceling its most popular show, which raised 3 times what it cost to produce. And, as SaveKPFA writes, “KPFA is in dire financial straits now because Pacifica, as the parent corporation, dipped into KPFA’s bank accounts and took money to pay corporate bills.” Details are here: http://www.savekpfa.org/facts-about-the-kpfa-situation
Also, on the myths about unpaid staff circulating on the internet: the reason CWA can’t represent unpaid staff at KPFA is because the NLRB has ruled (in a case pushed by Pacifica management in the 1990s) that it’s illegal to include volunteers in a collective bargaining unit. Everyone at the station knows this; anyone attacking KPFA’s union on this front is just spreading lies and innuendo for the sake of dividing our workers. Most unpaid and paid staff work closely together and support each other; it is only a vocal minority, allied with management, that is cynically using the current situation to undermine this solidarity.
And that seems to be the main tactic of Engelhardt, Tracy Rosenberg (who is facing a listener recall vote), and their allies: divide the staff and use that to divert attention from the real causes of KPFA’s distress. (Gee, sounds like they’ve been getting advice from union-busters, doesn’t it?)
You can read a short labor history of KPFA here: http://www.kpfaworker.org/kpfa-labor-history.
It’s also incredible to read Engelhardt attacking KPFA’s unpaid and paid staff’s “integrity and professionalism,” and claiming that the broad alliance of community and labor activists working to save the station have left “no room for exploring and resolving the multi-faceted problems facing KPFA and Pacifica.” This, from the person who refused over a year ago to try mediation with KPFA’s workers, as Berkeley mayor Tom Bates grilled her at a city council meeting? The same person who has ignored thousands of listener calls and emails, stupidly moving ahead with her destruction of KPFA’s programming?
And now Pacifica is spending listener dollars to support a legal firm notorious for robbing workers of their rights, which the AFL-CIO calls “the number one union buster in America.” To learn more, check out this article by Professor John Logan, which places Jackson Lewis at the heart of the anti-union movement: http://www.savekpfa.org/wp-content/uploads/2012/03/JohnLogan_TheUnionAvoidanceIndustry.pdf
Listeners and staff are calling on Engelhardt, Rosenberg and others responsible to RESIGN IMMEDIATELY.
Another excellent read for historical perspective is Matthew Lasar’s Radio Survivor column from 2010: http://www.radiosurvivor.com/2010/10/31/how-the-kpfa-morning-show-almost-killed-me-and-why-i-want-it-to-live/
And, don't forget, sign this petition against union busting at Pacifica:
http://action.cwa-union.org/c/1383/p/dia/action/public/?action_KEY=3885
The morning drive time on KPFA is now the massive sucking sound of the station going down the drain. Won’t it be fun to have “community radio” once you can’t pay the electric bill?
Have you no idea that the “extremely destructive factionalism” you refer comes comes straight from your office?
Do you think it is good management style for an ED to attack her staff’s “integrity and professionalism” on a public forum such as this?
As for Jackson Lewis, it is unbelievable that you write glowingly of the nation’s top union-busting law firm because it “saves us money,” handles “matters efficiently” and has done “an exemplary job.”
KPFA has already been charged $115,000 for anti-union lawyers (a different firm) in just the past 16 months. Now you are adding to that total by spending more listener donations on an even worse firm?
Arlene, have you any idea what this firm, Jackson Lewis, has done to working people, disabled people, and others Pacifica is supposed to support?
And not a word to listeners about the violation of Pacifica’s bylaws by delaying the recall vote, now 4 months overdue? More listeners have written to you about that, by far, than any other topic in the last year.
You need to resign now, before you crash the network and embarrass Pacifica even further.
-- Ended the 25% exit of subscribers that started in 2006-2007 (numbers have been constant since 2010),
-- Improved annual financial performance from losing almost $600,000 a year to breaking even -- WITH all the kpfa worker-imposed six figure legal bils.
(Without all the frivolous complaints , you'd have a one payroll rainy day reserve fund built back up).
-- Attracted 21% new subscirbers in the last fund drive - twice the usual rate
-- Maintained every one of those "interesting community programs" a previous poster insists were subsidized by the old Morning Show and added the Richmond Progressive Alliance, Project Censored and the SF Bayview to those regularly heard in drive time in the Bay Area
By every practical measure, Engelhardt is the best thing that has happened to KPFA/Pacifica in years.
The Morning Show cancellation and a slew of other unpopular programming changes driven by Pacifica management have cost hundreds of thousands of dollars in listener donations — and the station continues to ignore listener pleas for change.
Pacifica has wasted tens of thousands of dollars on expensive law firms to defend its questionable choices, and even to handle routine union grievances. By all accounts, Pacifica chose to hire Jackson Lewis, a notorious law firm which the AFL-CIO calls “America’s number one union-buster.”
And Pacifica is awash in fiscal mismanagement. Foundation staff have bounced workers’ paychecks (a crime) and illegally dipped into workers retirement accounts.
Pacifica has yet to mail ballots for a listener-prompted recall of the Pacifica National Board treasurer, despite certifying back in November that the signatures on the petitions were valid. By the board’s own timeline, ballots should have been mailed before the end of 2011.
Pacifica’s pattern of retaliation against critics of the current regime has had a chilling effect on staff, who now must fear disciplinary action and discharge. In violation of longstanding station tradition, Pacifica is trying to establish a gag rule, barring workers from talking about station politics on the air.
Labor councils throughout Northern California have urged Pacifica to end their hostile tactics and resume decent labor relations with their workers.
Listeners, donors and all KPFA staff, paid and unpaid, have a right to expect better.
Pacifica has a fiduciary duty to defend itself against the many frivolous lawsuits filed one after another by (fakely-named) SAVEKPFA and their friends. Jackson-Lewis was first supported by THEIR board members. Do they ever tell you that? OR, that it was Tracy Rosenberg, their current devil (because she's effective in trying to keep this network open from take-over by a narrow band who think they know all) who introduced the proposal that has now passed on the national board to sever ties with J-L?
Pacifica ED Arlene Englehardt was chosen by an ELECTED board. Pacifica is now the most democratic it's ever been (except for the pockets where election violations resulted in local boards of perhaps once "leftist" vanguardists such as at KPFA, whose every once of energy seems to now go to providing a platform for their own wing of the Democratic Party with little room for dissent..). Proportional representation should result in a station board where minority opinions are considered. This recall subverts even a minority voice. Vote NO on SAVEKPFA and their subtle propaganda! other points of view: danielborgstrom.com , supportkpfa.org