KPFA's Republican Activist

2016 UPDATE: VIDEO of Harmeet Dhillon endorsing Donald Trump for president.




SaveKPFA's GOP Activist

by Daniel Borgström
May 8, 2011


KPFA appears to have a Republican activist, and a high-profile one at that. She is Harmeet K. Dhillon, chair of the GOP in San Francisco and an innovative political strategist. She also heads a law firm which has been representing a faction in the station's ongoing turf war, and her role in this seems to be something more than a client-attorney relationship.

We first heard of Harmeet Dhillon last fall when her name turned up on legal documents associated with KPFA. She was representing Brian Edwards-Tiekert, member of the CL/SaveKPFA faction, in a legal matter against KPFA/Pacifica. We were puzzled as to why SaveKPFA chose a Republican to represent them in court. And, as Dhillon & Smith is clearly a high priced law firm, we also wondered where they got the money to pay her. As I recall, that was in the first week of December.

Then we learned that Dhillon was doing this legal work pro bono. It was her partner, Harold P. Smith, who actually appeared in court to speak for SaveKPFA. Dhillon herself sat in the audience, keeping a close eye on how this was going. Despite being a very busy person, chair of the San Francisco GOP as well as head of a law firm, she was taking time to observe the proceedings of a relatively minor case. Harmeet Dhillon seemed to be taking a lot of interest in the well-being of SaveKPFA.

For these reasons, Dhillon became the subject of curiosity. From time to time we'd see articles and write-ups about her. "A different kind of GOP leader," the media called her. She'd been in the ACLU, acknowledged the right of gay marriage and supported a woman's right to choose. In her view the GOP shouldn't get hung up on such matters. "I think we shoot ourselves in the foot a lot," she says. She does indeed sound pretty liberal, at least on some issues.

Nevertheless, she was co-chair of Lawyers for Bush/Cheney in 2004, and for John McCain in 2008. "I am proud that the Republican Party made the historic choice of Sarah Palin," Dhillon wrote. She advocates "free trade," outsourcing, and cutting taxes and regulations. "I am a strong proponent of market based solutions," she said, and calls for cutbacks in spending. "There is room to cut teacher's pensions." The teachers' union is "the main culprit" in her view. "If I were king for a day," she told an interviewer, "I would eliminate the teachers' union."

Why would a Republican be working pro bono for the SaveKPFA, who in name at least are progressives? The SaveKPFA group is dominated by former Communist Party members--a crew of ex-radicals who've found a comfortable home in the Democratic Party and long ago ossified into pillars of the "left-wing" establishment. But to a Republican they must look flaming red--still too hot to touch, or so I would've thought.

Opposing the establishment faction at KPFA is our grass roots coalition. It looks to us like SaveKPFA has been steering the entire Pacifica Radio network onto the road to bankruptcy for strategic reasons of their own. Presumably they expect to grab KPFA from the ensuing wreckage of the network.

For their part, the Republicans would probably like to see the end of the Pacifica network. Could that be why Dhillon has decided to bolster up the legal fortunes of SaveKPFA? Maybe it's one of her innovative Republican strategies--to assist SaveKPFA in taking over KPFA through a bankruptcy that at the same time eliminates the other Pacifica stations. Let me acknowledge here that I'm only speculating. Just speculating.

A few days ago we saw the Sunday Chronicle of April 24, and there on the front page was a lengthy write-up about Dhillon. Her life, born in India, grew up in North Carolina, her liberal views on some topics, and her campaigning for George W. Bush. Much of it was stuff we already knew. But one thing was news to us: about two months ago Dhillon married a former board member of KPFA, Sarv Randhawa.

Sarv was a board member for six years. An activist who'd known him from years back remembers that Sarv never discussed politics; he seemed to be apolitical. But if so, why was he a long term board member of this left-wing radio station, an activity that consumed much of his free time?

There was a revealing moment in 2005 & 06, when an endorsement of the Berkeley Honda workers strike was to be put on the local station board's consent calendar, and Sarv objected to it. He needed time to read it over carefully, he said. So the matter was deferred till the next month when Sarv again objected that he hadn't had time to study the motion. The strike went on for ten months, and each month Sarv expressed the same objection. Finally, when it was clear that the Berkeley Honda workers had won, two days before the strike was settled, Sarv joined others in expressing support. Later, when he was criticized for not supporting the strike, he insisted that he had supported it. And technically, yes, he had--but only after the lengthy battle was over and support was no longer needed.

Progressive organizations and even the city council had expressed support for the striking auto mechanics at Berkeley Honda. Sarv's foot-dragging was in effect a veto on the KPFA board's endorsement. His SaveKPFA associates seemed to have no serious problem with his stance, but the rest of us did sort of wonder who Sarv Randhawa really was. And we've been wondering ever since. After learning of his marriage to Harmeet Dhillon, we did some online research, but didn't find a whole lot. Just that he contributed $250 to the GOP last year.

Presumably Sarv's fellow SaveKPFA members had some inkling of his real political inclinations, but they accepted him as an ally, and this may go towards explaining their acceptance of the GOP chairwoman into their camp.

Nevertheless, since SaveKPFA has several attorneys in its ranks, I keep wondering why they need a Republican. There must be a reason. Let me speculate a bit further. As I've pointed out, most SaveKPFA members are Democrats, staunch unremitting opponents of the Republicans. But Democrats and Republicans do more than occasionally find common ground and common causes--and when they do, it's usually to screw us over.

SaveKPFA's apparent goal is to force the Pacifica network into bankruptcy and take over KPFA. However, acquiring KPFA could be difficult because a bankruptcy court would most likely sell the license to pay off creditors. In such a scenario, SaveKPFA would have no control over the outcome--or would they? They are well connected and have some Democrat politicians on their side. It might also help to have an influential Republican going to bat for them. Bipartisanship could perhaps make the difference and swing the deal.

It's heartwarming to see these apparent opposites bonding so nicely and working harmoniously together--if only their purpose weren't the destruction of the Pacifica Radio network.

DANIEL BORGSTRÖM
May 8, 2011


UPDATE 2016

Harmeet Dhillon is now co chair of the California GOP. Formerly the chair of the SF Republicans. In this VIDEO Harmeet Dhillon endorsing Donald Trump for president:

"I'm not looking for somebody to be our moral and spiritual guide I'm looking for somebody to take this country in the right direction for the next four years. And I think Donald Trump is the better candidate to do that," Harmeet Dhillon says in the VIDEO



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Updates, reports & essays about KPFA & Pacifica Foundation Radio at
UNITED FOR COMMUNITY RADIO


KPFA 94.1 FM is one of five stations of the Pacifica radio network which are located in major cities across the country. The other stations are WBAI 99.5 in New York, WPFW 89.3 in Washington DC, KPFT 90.1 in Houston, and KPFK 90.7 in Los Angeles. There are also about 160 affiliate stations.









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The CL in a Nutshell

(The group which formerly called itself "The Concerned Listeners" now uses the name Save KPFA which it stole from an earlier group.)



by Richard Phelps
May 4, 2011

The practices of the KPFAForward, Concerned Listeners, SaveKPFA and KPFAWorker are very similar to right wing practices. Yes the outward politics are very different but not their practices. They don't believe in equal time, look at the last two LSB programs and how their staff allies misuse the news to propagandize. They twist reality to make up wedge issues. They don't really want democracy if it looks like they may lose control to the "voters". "dismantling the Local Station Board", aka the democratic process, or "how do we make our enemies own the problems that are to come?" From one of their "secret" meeting memos. Brian Edwards-Tiekert, 2005.

There are numerous other examples like dumping the Program Council, trying to end the UnPaid Staff Organization (UPSO), hiding a $375,000 check for over a year, refusing to promote LSB elections on the air etc., etc.

I think this quote from Cornel West fits them well although it was meant for our national leadership in Washington.

"Our leadership elite may still want to believe in democratic principles-they certainly profess that they do-but in practice they have shown themselves all too willing to violate those principles in order to gain or retain power", Cornel West from his book Democracy Matters.

RICHARD PHELPS

May 4, 2011

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** other websites & articles **


The original 1993 Save KPFA (whose name was stolen by the "Concerned Listeners")

Democracy at Pacifica by Robbie Osman Across the Great Divide

The Grassroots Radio Movement in the U.S. by Marty Durlin and Cathy Melio

Updates, reports & essays about KPFA & Pacifica Foundation Radio at
UNITED FOR COMMUNITY RADIO


KPFA 94.1 FM is one of five stations of the Pacifica radio network which are located in major cities across the country. The other stations are WBAI 99.5 in New York, WPFW 89.3 in Washington DC, KPFT 90.1 in Houston, and KPFK 90.7 in Los Angeles. There are also about 160 affiliate stations.



















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Ten years after the 1999 Hijack Attempt

KPFA's RECENT HISTORY: This article was written in July 2009.

by Richard Phelps
July 6, 2009

After mass listener support rescued KPFA and the Pacifica Foundation from a self appointed Pacifica National Board (PNB) that was planning to sell KPFA or one of the other stations and take the "community" out of the network, new democratic Bylaws were written and adopted. The Bylaws process was long and difficult and like all new progressive ideas on governance they aren't perfect. Neither is the U.S. Constitution, which has 27 amendments and still needs some major work. Pacifica's Bylaws state a commitment for peace and social justice, Article One, Section 3. It seems inconceivable that peace and social justice can even be approached with out a democratic process with transparency and accountability. As Gandhi said "Be the change you want to see in the world."

What has become clear, as Pacifica embarked on a new democratic path, is that everyone that fought the Hijackers didn't do so for the same reason! Most listener activists and some staff supported the new democratic process and welcomed the involvement and input of the listener/subscribers who are the regular audience and the financial supporters of the station and Pacifica.

At KPFA some staff and their listener supporters sought to defeat the Hijackers so that they could control KPFA and make the decisions about who gets air time and jobs. This latter group has used the power of the stations progressive reputation and the power of the microphone to maintain control and frustrate the new Bylaws in many ways. The staff/ listener group I am referring to was identified by an e-mail from Brian Edwards-Tiekert to the other "insiders" that became public in 2005. You can read the e-mail at http://peoplesradio.net. The author acknowledged its authenticity and the group now claims that it never met to discuss "dismantling the Local Station Board (LSB)", aka the democratic process, or "how do we make our enemies own the problems that are to come?" The other members of this group were a mix of listeners, paid staff, unpaid staff and management in 2005, when the e-mail was written. Most have moved up in the power hierarchy: Lemlem Rijio, then Development Director, now General Manager; Sasha Lilley, then paid staff, now Interim Program Director appointed by Lemlem Rijio; Bonnie Simmons, then LSB staff representative, now PNB; Amelia Gonzalez-Garcia, then unpaid staff, now paid Director of Arts and Public Affairs; Sherry Gendelman, then Listener LSB, now PNB; Lisa Rothman, paid executive producer of the Morning Show, Lisa had a beautiful baby and in 2006 left KPFA. This group has been supported by their electoral counter parts, first called KPFAForward in the 2004 election, later the Concerned Listeners (CL). [Now it's "SaveKPFA."]

Let's see what these folks have done to "dismantle the LSB". In 2003 the KPFA Program Council, made up of paid and unpaid staff and listeners, voted to move Democracy Now! (DN!) to Prime time, 7-8am and move the morning show to 8-10am. There had been significant listener demand/support for this time change and having worked several years in radio, AM & FM, I know the following, it is common practice and common sense to put your most popular/dynamic program in prime time. Lisa Rothman didn't want "her" program moved from "its" prime time position and her allies in the control group made sure it didn't happen.

In May 2004 the LSB voted to move DN! to prime time as per the Program Council's prior vote and set up a protocol on how to deal with program changes with management and the Program Council. The new interim GM, Jim Bennett, refused to make the time change and ignored the LSB Resolution. Dan Coughlin, the Executive Director (ED) of Pacifica, appointed Jim Bennett. Coughlin was an ally of the KPFA control group and worked closely with them to stifle transparency and Director's Inspections of the financial records. Director's Inspections are an "absolute right" given to Corporate Directors to facilitate their fiduciary responsibilities, California Corporations Code Section 6334 and Article 12, Section 3 of the Pacifica Bylaws. For more information on why the PNB allowed this to happen see my May 14, 2009 article The Pacifica Financial Crisis: Who is Responsible?.

In 2007 GM Lemlem Rijio and her appointed Interim Program Director, Sasha Lilley, quietly ended the Program Council after some months of describing it as "advisory." The LSB under CL majority control ignored the previous Resolution codifying the Program Council and did nothing to save the Program Council. The CL majority didn't vote to overturn the prior resolution since that would have exposed their undemocratic nature. They just looked the other way.

In 2007 GM Rijio took away the official status of the Unpaid Staff Organization (UPSO). UPSO existed to represent the unpaid staff at KPFA, more than 200 people. These are the people who do the majority of the work that goes on the air. After a two-year struggle UPSO is now being recognized after a change in Pacifica leadership and a directive to GM Rijio to do so. See the May 14, 2009 BDP article for more details on the change in leadership.

The vote on UPSO recognition at the LSB in 2007 was one of the very few times the CL didn't vote in lock step to support Rijio's consolidation of power. However the few defections didn't change anything since at that time they controlled the PNB in collusion with some others local tyrannical majorities. This collusion elected Sherry Gendelman Chair of the PNB in 2008 and she did nothing to change the UPSO denial by the KPFA GM. Only after a change in the PNB majority, with the CL collusion losing control did the new PNB Chair and Interim ED, Grace Aaron lean on the KPFA GM to reinstate the UPSO.

The CL slate literature for the 2006 and 2007 LSB elections was silent on the issues of the Program Council and the DN! move to prime time. www.PeoplesRadio.net and most listener activists have consistently supported a Program Council with listener participation and the DN! move to prime time.

In January of 2009 the CL LSB majority voted to meet only once every other month. This despite the backlog of work to be done and how it effected the selection of LSB members to important PNB committees. All the stations elect the committee members in February. This year KPFA didn't elect their committee representatives until March, despite my bringing this up to them during the January meeting before the vote to meet half as often and not in February.

How has the CL maintained its slim majority on the LSB. Here are some of the dirty tricks they have used to dominate the elections. In 2006 and 2007 GM Rijio refused to allow any election information to be broadcast when the ballots were sent out. Rijio's justification was that there was, coincidentally, a fund drive in progress. Election information was broadcast during fund drives at other stations. Each year CL spent thousands of dollars and sent out a slate mailer to arrive with the ballots during the election black out imposed by their ally Rijio. To top that off, in 2007 when they finally did run some candidate carts, they ran all 22 at once and Sherry Gendelman was first. After the election there was only one news story on KPFA about the election. Interviewed were Sherry Gendelman, a CL candidate, Matthew Lasar, a CL endorser, and Dan Siegel and Larry Bensky both CL allies and supporters and both guilty of using station or Foundation resources to support CL or attack their opponents in violation of election ethics. No listener activist candidates were interviewed.

In the upcoming election there will be ample airtime for the election since the new PNB majority has resolved that it will be so. Bonnie Simmons a CL/Rijio group PNB member recently made a motion to rescind the Resolution to require ample airtime for the election. As of this writing her motion hasn't been up for debate and vote. However it comes out, the CL/Rijio group's desire to limit information about the election and the candidates is clear and stands in stark contrast of the Mission of Pacifica.

Over a year ago Rijio took the visible link to the LSB page off the front page of the KPFA web site and hid it under "ABOUT". They don't announce the LSB meetings on the front page of the web site and often don't announce them on the air as required by the Bylaws.

When they did the 60th anniversary celebration for KPFA and Pacifica this year they held a $300 dinner. I support having fundraisers and there also should have been a celebration open to the majority of our listeners. There was nothing official about the 10th anniversary of the struggle against the Hijackers, which brought 15,000 people to a rally and ended with new democratic Bylaws.

What is clear from the actions described above is that the CL/Rijio/Lilley regime has sought to eliminate democratic centers of power at the station and reduce listener input and concentrate power and control in their hands contrary to the Bylaws. At a LSB meeting in 2007 Rijio referred to the Bylaws when addressing the LSB as "your" Bylaws. Sasha Lilley has also made comments attacking the Bylaws.

"Our leadership elite may still want to believe in democratic principles-they certainly profess that they do-but in practice they have shown themselves all too willing to violate those principles in order to gain or retain power", Cornel West from his book Democracy Matters. And if democracy matters for you, it is time for a new majority on the KPFA LSB.


RICHARD PHELPS, former Chair, KPFA LSB, 35 year listener/subscriber, former AM & FM radio announcer. July 6, 2009.
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also by Richard Phelps:
SaveKPFA and the Truth are Seldom on the Same Page by Richard Phelps


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for updates, reports & essays on KPFA/Pacifica,
please visit these websites:

UNITED FOR COMMUNITY RADIO

PACIFICA IN EXILE

ANN GARRISON, A KPFA REPORTER

LORDS & LADIES vs. the PEASANTS at KPFA


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KPFA 94.1 FM is one of five stations of the Pacifica radio network which are located in major cities across the country. The other stations are WBAI 99.5 in New York, WPFW 89.3 in Washington DC, KPFT 90.1 in Houston, and KPFK 90.7 in Los Angeles. There are also about 160 affiliate stations.



Vote for the UCR -- United for Community Radio

SaveKPFA and the Truth

are Seldom on the Same Page
SaveKPFA's competing fund drive

by Richard Phelps, former Chair KPFA LSB
June 20, 2011

What does it say about an organization, SaveKPFA, that needs to distort reality so often and so much to support its cause? To me it says that they have the same morality as Karl Rove and the Corporate/Pentagon owners that control the overwhelming majority of our media and thus what people think about. If they try to win by lies and distortions how will they function if they are running KPFA and/or Pacifica. SaveKPFA/Concerned Listeners recent efforts in collusion with the JUC between 2005-2009 almost bankrupted KPFA/Pacifica.

In quotes are statements from the SaveKPFA web site. Followed by the simple truth.

"In a separate action, Phelps is suing several SaveKPFA members for their role in collecting $63,000 in financial pledges to restore The Morning Show. (That's right — he's suing them for fundraising!) Phelps alleges the fundraising activity was "disloyal" to Pacifica, and he's demanding $800,000 in damages."

First, I am not suing, I am the Plaintiff's lawyer. No one is being sued for being a SaveKPFA member. The four defendants are elected members of Pacifica governance that launched a fund drive competing with KPFA's fund raising efforts. It is well established law that members of corporate governance can not compete with their corporation, which is what they are being sued for: Breach of their duty of Undivided Loyalty. One of many ways to Breach their Fiduciary Duty to Pacifica, a duty WHICH COMES WITH ELECTED OFFICE IN PACIFICA GOVERNANCE, as Dan Siegel lectured to the LSBs in 2008 when he was Foundation Counsel.

The evidence is absolutely clear that their fund raising was/is disloyal to Pacifica. In their pitch they say :

"If Pacifica does the right thing, we will bundle your pledges and submit them to KPFA as part of a special fund."

This was not a benign and positive action. It was designed to leverage and manipulate the management and governance processes. Otherwise there would be NO CONDITIONS on their fund raising.

"Attorneys at Siegel & Yee sought to have the suit dismissed as a SLAPP (Strategic Lawsuit Against Public Participation), but a Fremont-based judge allowed it to move forward. Phelps filed the lawsuit in Fremont, presumably to avoid landing in the Oakland courtroom of the judge who has repeatedly ruled against him. "

This statement is so far off base it should be embarrassing to who wrote it. I have long since given up on SaveKPFA/CL folks being concerned about their dishonesty and inaccuracies. If they were they would have stopped years ago and they have only gotten more rabid.

First, I didn't file this suit in Fremont, I walked from my office to the Oakland courthouse to file it, and if I did file it in Fremont, there would only be a slight chance of it staying there. Where you physically file the complaint has nothing to do with what judge gets it. Civil cases are randomly assigned to trial courts in Oakland, Hayward and Fremont. You don't get to pick. The judge that ruled against their motion is no different than any other Alameda County Superior Court judge. His court room is in Fremont, part of Alameda County last I checked. The judge ruled against them since the law does not support their motion. Breaching a Duty of Loyalty is not a constitutionally protected activity, and thus not subject to anti-SLAPP protections.
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Now let us take a brief look at how SaveKPFA's slim majority is governing. The last LSB Radio Report was a good example of how they struggle demonstrates how they govern.

When I was Chair of the LSB back in 2005-6 I produced most of the LSB Radio Reports and I always invited and encouraged the other side to be on the show. When they were on I didn't control their mics. I wanted both sides to be heard. It is the clash of ideas that helps advance society and KPFA/Pacifica.

The recent show run by Save KPFA was a very different format. Tracy Rosenberg and I were to be on the show to represent our side. Their previous show had 4-5 of them on and very brief controlled participation by our side. Pam Drake and Margy Wilkinson were producing and hosting the recent show. The show started at 8 a.m. I arrived at 7:50 to get ready and was told that I would have to wait to go into the studio. Tracy arrived at a little after 8 and was told the same thing. At 8:30 a.m we were finally allowed to sit in the broadcast studio by ourselves. Our Mics were off. The Save KPFA hosts then announced that "we had just arrived" and would now join the show. Which didn't happen for a few more minutes.

While we were waiting outside the studio they played a pre-produced piece read by Matthew Hallinan totally distorting the history of the 1999 struggles at KPFA and what followed for the next several years. Neither Tracy nor I were allowed to be on mic after their "1984" version of KPFA history. We weren't even in the studio.

While we were in the studio our mics were off except when "they" wanted to allow us to speak. It was totally different from the way I hosted the shows. It was clear that they didn't want us to get to say much and only on the topics they wanted. Does this sound like what Pacifica was founded for? No. And it is consistent with how SaveKPFA deals with the facts and the truth. Their version of Faux "Fair and Balanced". They also screened the calls that they took and this is nothing new.

Why would anyone who believes in the Pacifica Mission not want to allow different positions and ideas to both be heard by our audience?

Now lets look at SaveKPFA's direct LSB governance. In April they made a motion to censure Tracy Rosenberg for conduct outside the meeting having to do with e-mail lists. I am not going to deal with the specifics since it has been commented on multiple times and this is about due process and tyranny of the majority. I was not at that meeting since I was at Kaiser ER with a family member.

At the May LSB meeting I raised a Point of Order pointing out that Tracy was not given proper due process since our rules require that any discipline for conduct out side of a meeting must be done with notice and a hearing. As soon as I started raising the issue Conn Hallinan gave me the finger from across the room. My Point of Order was postponed until later. When we did get to it the SaveKPFA Chair ruled that a Censure was not discipline. This is ridiculous and I challenged the chairs ruling and the SaveKPFA's slim majority voted in lock step to support their chair, ignoring this fracturing of reality. Not one of them would stand up for the truth. They all put their power and control and desire to punish and embarrass a vocal opponent above due process. This is TYRANNY OF THE MAJORITY and quite scary.

When SaveKPFA does this and their members vote in lock step, contrary to the truth, I get really worried about our "progressive-left" movement. Either SK/CL folks do not realize that they are practicing just like our corporate masters or they do and they don't care. They are going to do anything to win. How is this helping to create a more just society? What message is this giving to our children and the youth, who will be running things one day?

What does it mean when the SK/CL folks demonstrate for democracy and due process for foreign countries and don't practice it here when they can?

If SK/CL were running our country I am sure I would still be on the outside fighting for democratic governance and due process given the way they practice now.

--RICHARD PHELPS, former LSB Chair.



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Updates, reports & essays about KPFA & Pacifica Foundation Radio at
UNITED FOR COMMUNITY RADIO


KPFA 94.1 FM is one of five stations of the Pacifica radio network which are located in major cities across the country. The other stations are WBAI 99.5 in New York, WPFW 89.3 in Washington DC, KPFT 90.1 in Houston, and KPFK 90.7 in Los Angeles. There are also about 160 affiliate stations.





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NLRB finds CWA complaints without merit

Below is the memo from the National Labor Relations Board issued on April 18th. It finds the claims of the Communication Workers of America against the Pacifica Foundation regarding the layoffs of November 8th, 2010 to be completely without merit and advises the union to withdraw the complaint.
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United States Government
National Labor Relations Board
OFFICE OF THE GENERAL COUNSEL

Advice Memorandum

DATE: April 18, 2011

TO : William A. Baudler, Regional Director Region 32
FROM : Barry J. Kearney, Associate General Counsel Division of Advice
SUBJECT: Pacifica
Case 32-CA-25450

This case was submitted for advice as to whether the Employer violated Sections 8(a)(1) and (5) of the Act by:

(1) failing and refusing to comply with an obligation to meet and bargain with the Union over alternatives to employee layoffs prior to implementing any such layoffs;

(2) breaching an alleged agreement with the Union that would have allowed employees covered under the Employer's health plan to move to an equivalent Medicare plan as a cost cutting alternative to layoffs; and

(3) referring the Union's proposals to the Finance Committee of the Employer's Board of Directors, an action the Union claims was in direct contravention of the collective-bargaining agreement's delegation of bargaining authority to the Executive Director.

ACTION

For the reasons stated below, we agree with the Region that the instant charge should be dismissed, absent withdrawal, because none of the 8(a)(5) allegations have merit.

With respect to the first allegation, the Employer was not obligated to meet and bargain with the Union over alternatives to layoffs because the Union waived its right to do so in the collective bargaining agreement.(1) Article 12 of the parties' collective bargaining agreement permits the Employer to "reduce the work force due to lack of work or other reasons including economic necessity," but requires that the Employer "actively explore alternatives to the layoffs(s) before the effective date of the layoff, if so requested by the Union." This language does not create a duty to bargain about alternatives to the layoffs. What it requires is that the Employer "explore alternatives," at the request of the Union. Here, the evidence establishes that the Employer met with the Union, at the Union's request, to discuss the Union's suggestions for alternatives to layoffs, considered and investigated those alternatives and ultimately rejected the Union's suggestions by vote of the Board of Director's finance committee. After that vote, the Employer's Executive Director met with the Union to explain why the proposals had been rejected. Based on these facts, the Employer met its only contractual obligation, which was to "actively explore alternatives to the layoffs."

As to the second allegation, the evidence does not support a finding that the Employer agreed to allow employees covered under its health plans to move to an equivalent Medicare plan as a cost cutting alternative to layoffs. Thus, no agreement was breached. Initially, it is undisputed that the parties never agreed in writing to the Union's proposal. Further, the two Union witnesses themselves have conflicting recollections as to whether an agreement was reached. Thus, one bargaining unit member has notes suggesting that the Employer had orally agreed to this proposal. However, he did not record those notes until sometime after the meeting took place. On the other hand, the Union's shop steward, who was also at the meeting, did not recall that the Employer had agreed to the proposal. Rather, the steward recalled that although the Employer's Executive Director was enthusiastic about the Medicare proposal, she did not agree to it. Moreover, the Executive Director testified that although she agreed to look into the Union's proposal regarding medical benefits, ultimately the Employer rejected the suggestion because of the serious financial risk that it created. Given the absence of any written agreement, and the lack of evidentiary support that the parties verbally reached such an agreement, we conclude that no such agreement was reached and no violation of the Act has been established.(2)

The Union's final allegation is that the Employer abrogated a delegation of authority in the parties' collective bargaining agreement by submitting the Union's proposals to the Board of Director's finance committee. However, there is nothing in the parties' collective bargaining agreement that would prohibit the Employer from vetting the Union's proposals through its finance committee. Therefore, the Employer did not violate the Act by doing so.

Accordingly, the Region should dismiss the charge, absent withdrawal.

B.J.K.

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NOTES

1 Allison Corp., 330 NLRB 1363, 1365 (2000) (finding union waived right to bargain over decision to subcontract where provision of collective bargaining agreement specifically granted the employer the right to subcontract).

2 Nothing in the Act would have prevented the parties from reaching a mid-term agreement to change the contractual provision regarding medical benefits. If the parties had reached a mid-term agreement regarding a change in medical benefits, they would have been bound by Section 8(d) not to alter that agreement. NLRB v. Local 554, Graphic Communications International Union, 991 F.2d 1302, 1306 (7th Cir. 1993) (applying Section 8(d) to mid-term collective bargaining agreement). Here, we find that no such agreement was made.









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Missing Comments

In 2008 KPFA installed the system for comments called IntenseDebate. (We're speaking of the Comment system in the KPFA program Archive.) It claims that comments will be posted AFTER a moderator approves them. Actually, they all go up after you type your comment. Except some then get taken down, it seems.

Below are some comments by Mara Rivera which were taken down, and when she reposted them, they were taken down again. Nobody seems to know who or how many people had the password to moderate the comments. Below are two of Mara's deleted comments:


originally posted to the LSB Show of March 28, 2011

Pacifica did not attempt to eliminate the Morning Show. They had to cut down on paid staff hours. All the stations were directed to do this 3 years ago and only KPFA did not do it! After spending our million dollar surplus the clique which ran the station ran it into the red, they still did not present a balanced budget--or any other--and Pacifica had to step in and do the cuts for us, in order to preserve KPFA and the Pacifica network. The union directed them that seniority and other requirements in the union contract had to be met, so after offering severance packages to paid staff, and 7 people accepted them, 2 positions needed to be cut, by seniority. Brian & Aimee were among the last hired and so were laid off.

Please folks, stop parroting the line that the Morning Show made the most money so would cause a loss if discontinued. Pacifica has a very professional CFO and a Finance Committee which studied the situation and knew that paid staff hours had to be reduced. Too many paid staff hours were causing the losses in spite of the Morning Show's fundraising, and there is a net gain due to the fact that there are less paid staff than before. It is not very intelligent to keep hammering the "made the most money" line.

You are being manipulated by factions some of whom know better but use buzzwords & concepts to mobilize those who have little information about station and network governance--words & concepts such as "union busting"--the "KPFA workers"--"the best fundraiser"--the autocratic Pacifica taking away local station sovereignty "just like in 1999"--the gag rule--"politically motivated firings". None of those things are true and some who are putting them out are deceiving others about them.

We might ask what their motives are. They want to preserve their jobs--they want to be the sole governance of the station--they'd just as soon bankrupt the station and they have a plan to take it over from Pacifica--they don't care that this would bring down an entire unique network of 5 stations and 150 plus affiliates, and also Free Speech Radio News--they want to moderate (NPRize) the station to appeal to moderate progressives. There are a number of agendas going, different factions, much follow the leader and many deceived followers. And a lot of deliberate deception at the heart of it.

Hear the other side, which doesn't take to the airwaves or spend lots of money on high priced PR firms.

Check out http://supportkpfa.org, http://danielborgstrom.com, http://acrossthegreatdivide.org, http://peoplesradio.net, http://voteindyradio.org,
http://pacifica.org,
http://www.indybay.org

Mara Rivera
March 28, 2011

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comment RE the Evening News of January 21, 2011
Twice posted, and twice disappeared.

Regarding the layoff of Morning Show hosts, unfortunately most of us have heard only the story Ceele, KPFAworker, and the News Department present--that Pacifica's layoffs were arbitrary, senseless, politically motivated, and hostile. This is because those fighting the layoffs have put out this information endlessly, and have used KPFA's airwaves to do so.

It is not too much to ask that the News Department (and other KPFA programmers) cover KPFA affairs in a fair and balanced manner.

If Arlene Engelhardt can't be interviewed, there are plenty of other people at the station, the LSB, among the listener activists, who can explain that KPFA was terminally overspent, could not meet payroll, owes Pacifica therefore Free Speech Radio News therefore Democracy Now money, that the station and thereby the entire network of 5 stations and serving 160 affiliates could go into bankruptcy and be sold to the highest bidders, and all for the sake of 2 jobs. While by 2010 every other station had cut back on paid staff down to about 24 FTE's and KPFA remained at 32%+, and cut payroll to 44.71 to 44.79% of expenditures, while KPFA remained at 64.65%. Pacifica itself cut down to bare bones staffing.

The News Department is not demonstrating journalistic integrity by supporting one side of a "controversy", but helping to protect "turf" with disinformation to the point of destroying this unique progressive nationwide network oasis of truth telling.

For another view see http://supportkpfa.org

by Mara Rivera
January 21, 2011






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