Pacifica Accused of Union Busting

by Per Fagereng, Portland Free Press, November 1996

Earlier this summer, Mark Schubb, general manager of Pacifica Radio’s KPFK in Los Angeles, said the station would probably reach a contract with its union in two or three weeks. That was several months ago, and the labor dispute (which began in Fall of 1994) is still going on.

It also continues at KPFA in Berkeley and WBAI in New York. The three stations bargain separately with the locals of the United Electrical, Radio and Machine Workers of America (UE)-- but under the watchful eye of Pacifica.

The most explosive charge so far is that Pacifica hired a union-busting outfit called the American Consulting Group (ACG). Pacifica Executive Director Pat Scott says that ACG "was never hired to negotiate contracts at any Pacifica Station," but only to give advice regarding contracts.

According to Paul Rauber in the *East Bay Express* of last June 21, Scott said Pacifica had paid ACG "more like $2000" for advice "to help station managers negotiate their contracts." Critics say the advice was on how to frame a contract that would bust the union.

The $2000 figure was in reply to a charge by Lyn Gerry, a union steward who was fired by KPFK, that the real figure was "more than $30,000 to fight the union at its Los Angeles station." In reply to Scott’s figure, Gerry said, " the actual figures are in Pacifica’s books. Demand that those books see the light of day."

According to Gerry, the ACG negotiator Glenn Haynes spent at least 17 hour facing the KPFK union, and such services do not come cheap. More recently, she says, Haynes was absent and Mark Schubb was negotiating.

Another source says the $30,000 was confirmed by someone else who is "in a position to know the figures."

HOT ISSUE IN NEW YORK

Another hot issue concerns who is covered by union contracts. Last March, Pacifica asked the National Labor Relations Board to "normalize" bargaining at WBAI (New York) by removing volunteer workers from union contracts.

It might seem odd that unpaid workers would be represented by a union, but labor contracts also include working conditions and job protections, and these are of vital interest to all workers. WBAI has between 20 and 24 paid employees, 150-180 unpaid. Without the volunteers, says the union, it would have so few members it would be out of business.

Negotiations are now stalled, says the union, because management is waiting for the National Labor Relations Board ruling. Recently, WBAI gave the union 32 pages of proposed contract revisions to study. The union has filed a countercharge, and a decision could come soon.

Does management want an agreement? Sybil Wong is the union shop secretary; she is also WBAI’s business manager. Tom Whelan of the UE shop committee says Sybil Wong is the "glue that holds everything together"---but management wants her removed from the contract so they can fire her.

The union is also supported by the WBAI Local Board. In June the board voted against "the current effort to change the composition of the WBAI bargaining unit." In September, the Local Board voted to bring the matter to the National Board, and one member was reported to want Pat Scott impeached. The Local Board, however, is purely advisory, and Pacifica can ignore its advice.

In September, UE held its national convention in Pittsburgh. The following petition to Pacifica Chair Jack O’Dell, Pat Scott and three station managers, was signed by 189 delegates:

According to Lyn Gerry, "pressure is mounting" against Pacifica. On October 3, a group of labor leaders met with Pat Scott, but the results of that meeting have not been made public.

ANOTHER CLOSED MEETING

On September 27-29, 1996, Pacifica’s national Board met at the Tudor Hotel in New York. It was the fifth board meeting to take place mostly behind closed doors. Critics say this violates both federal law and the rules of the Corporation For Public Broadcasting. They have filed complaints with the CPB.

Those complaints are now in something like limbo. The first complaint, regarding a closed meeting in 1995 in Houston, was to be investigated by Brian McConnville on the staff of CPB’s Inspector General. Then McConnville was suddenly fired and the investigation went up the hierarchy to the inspector general himself, Lester Latney.

Now Latney is on leave because of health problems, but he’s still in charge of the investigation. Meanwhile, Pacifica continues to hold closed door meetings faster than they can be investigated. Now the meetings are called "retreats," but they still deal with matters such as budgets. Critics say this is illegal. The Take Back KPFA co-ordinating committee has sent a private letter to CPB President Richard Carlson, asking him to take action.

The National Board’s next meeting is scheduled for next January in Houston and in June in Berkeley, but the board has changed locations in the past.

The meeting in New York drew about fifty protesters. Those present say it was a spirited demonstration. The union says an informational picket such as this would be illegal if WBAI gets a "no strike" clause in the next contract, and union stewards would be forced to snitch on those taking part.

Another protest was held in Berkeley last September 22, the fifth anniversary of KPFA’s new building. The station held a brunch for large donors, who were met by leafleteers. Take Back KPFA leader Jeff Blankfort says they got a good response. He says there is rebellion on local boards and Pacifica is "trying to sit on a kettle."

OTHER STATIONS ACT

On July 24, the Board of Directors of KBOO radio in Portland, Oregon (of which this writer is a board member), expressed its hope that the labor dispute would be settled. It sent the following letter to Pacifica, its stations and the union:

On August 2, Pat Scott replied that Pacifica did have a $1000 contract with ACG. She said its purpose was to "advise us on some aspects of labor law, having nothing to do with the union negotiations. Let me assure you that for a number of reasons, including the fact that we are very sensitive to union busting charges, we will not be working with ACG in the future."

Meanwhile KOOP in Austin, Texas, has added the following disclaimer before and after Pacifica News:

C.P. Odekirk of KOOP’s elected board of trustees says there is now talk of discontinuing Pacifica News.

NEW PROGRAMS

Pacifica’s rationale for its program changes is that it would bring better, more "professional" radio to more people and still maintain its progressive stance. Recently, KPFA in Berkeley introduced these programs:

------"About Health"--a call-in show
------"What’s the Verdict?"--another call in on local interest
____A program of Haitian music and culture.

The show that has raised some eyebrows, however, is called "Voting for Reality." An hour-long call-in from Washington, DC, it looks at news events through the lens of astrology.

Meanwhile, scholar Bill Mandel, an expert on Russian history who was fired from KPFA last year, continues to broadcast on Free Radio Berkeley.

PFP attempted to contact Mark Schubb and Pat Scott, but our calls were not returned.

DOCUMENTS AVAILABLE

Lyn Gerry the union shop steward who was fired by KPFK, has opened a web site. On it are many documents concerning Pacifica Radio, including her report on American Consulting Group, a union-busting outfit.

The address is: http://www.freepacifica.org

[Editor’s note: As Gore Vidal gets a whiff of the Weimar Republic in Bubba’s DC--Mother Hen gets a whiff of COINTELPRO in Pacifica and community radio.

The wave of chaos sweeping across the entire non-profit radio system of America can not simply be egos run amuck. There is too much happening in too many places at the same time to be chance or coincidence. The FBI dirty tricks department is up to the same program it ran against the underground press in the ‘70’s----or Mother Hen is all wet. (See ‘A Trumpet to Arms: Alternative Media in America, David Armstrong, 1981, for the story of how the US secret police destroyed the alternative press.)]

THE PROBLEM WITH PACIFICA: an Analysis

It’s been more than a year since I began writing these articles on Pacifica Radio. I have tried to be neutral, and to present all sides in the disputes---but I do have my own opinions and I think it’s time to offer them.

I have heard and read a lot of attacks and accusations; people’s motives have been questioned. It’s hard for me to deal with this from a distance. At first I didn’t know any of the people involved. The only name that meant anything was that of Russian scholar William Mandel; I remembered him as the man who in 1960 told the House Un-American Activities Committee that they were insane.

I also tend to assume that people (even those I disagree with) are acting in good faith, unless I see evidence to the contrary. The problem with Pacifica Radio is not that the wrong people are in power, or malcontents are sniping from the outside. The structure itself is an obstacle to dealing with real issues.

Pacifica’s National Board is not elected; its members pick those who will fill empty seats. The board makes decisions with as much, or as little, outside advice as it desires. Everyone outside the board exists in an "advisory" capacity. No one, not even Pacifica’s members, can require them to do anything.

Arrangements such as this are justified in the name of efficiency and "getting things done." Pacifica’s Executive Director Pat Scott once told me that an elected board would be all white. I wondered, what does that say about Pacifica’s listeners?

Far from being efficient, such an arrangement leads to far bigger problems in the long run. Avoiding current debate over issues stores up conflict until it explodes. While autocracy may work "efficiently" in the short run, it has long-term problems. Even honest mistakes can multiply. But the decision-makers are committed to their chosen path, and no one has the power to stop them or change directions.

Eventually the problems grow into major differences with no mechanism to resolve them. Debate takes to the street and the Internet.

A central issue is two differing visions of alternative radio: you could caricature them as "bland NPR lite" and "one person in a studio talking to one other person outside"----but reality is somewhere in between.

I think they also mirror two visions (or divisions) of the Left---one middle -class, academic and domesticated; the other working class, populist and unruly. Both would try to broaden their habitat, but they tend to move in different directions.

There are ways to integrate these visions, but they require more public, face-to-face debate and more democracy, as a real mechanism of change. I don’t see that happening at Pacifica, so it looks like the conflict will be resolved elsewhere.

Some issues have already gone elsewhere. Pacifica’s closed meetings have brought complaints to CPB and a halting behind-the-scenes investigation. Its labor disputes are in the hands of the National Labor relations Board. It has also been charged with racial discrimination. Eventually--after all the anger, expense and wasted energy---these disputes may end up in court.

This is efficiency?
-----Per Fagereng

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