Brian Edwards-Tiekert rehired, spins "Victory"
Brian Edwards-Tiekert has been rehired at KPFA, and the CL/SaveKPFA group are calling this a victory in their war against the Pacifica Radio Network. But was it?
First, a look at Brian's announcement in which he presents this as a victory:
"It's official: on Monday, February 28th, I start work at KPFA again. Legally speaking, Pacifica management is throwing in the towel. After three months of stonewalling, they have given our union a "make whole" offer for my grievance: that means they'll be putting me back on payroll, with back pay. Pacifica has basically conceded it can't win the pending arbitration over my dismissal. This is a victory for our union in enforcing its contract, and I owe a tremendous debt of gratitude to CWA rep Christina Huggins for getting us this far."
Sounds impressive, but KPFA listeners have been asking:
* Was Brian Edwards-Tiekert reinstated because he chose to bump someone?
Yes. John Hamilton.
* Could Brian Edwards-Tiekert have come back at any time by bumping someone who had less seniority?
Yes. Just not to an on-air host position as there are no on-air host positions with less seniority than he has.
* Was it Brian Edwards-Tiekert who chose to wait 3 months or so before settling what could have been settled from the time he was laid off?
* Regarding the statement, "Pacifica has basically conceded it can't win the pending arbitration over my dismissal"
No. Brian Edwards-Tiekert basically conceded that he could not return as the Morning Show host via the arbitration process.
* Did Pacifica agree to anything it would not have agreed to 3 months ago?
No. They surrendered on the back pay as arbitration would have cost $10,000 and the back pay is less than that.
* How does the contract read?
"An employee who is laid-off may choose to bump to another job in her/his department where skill, ability, knowledge and job performance are all equal, or could be equal in the opinion of the Employer after reasonable orientation and training."