The Story Behind the Charge

--that Pacifica Hired Jackson-Lewis, a Union-Busting Law Firm

by Arlene Engelhardt, Executive Director, Pacifica Foundation
March 30, 2012

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.


ARLENE ENGELHARDT is the Executive Director, Pacifica Foundation
KPFA 94.1 FM is a station of the Pacifica radio network



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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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Forums for KPFA Pacifia

videos of two KPFA forums. Both were on the same topic of KPFA, one in San Rafael, and the other in Berkeley. The formats are quite different. More written details under the links

Marin Peace & Justice, February 6 KPFA Recall Forum--Part 1
Marin Peace & Justice, February 6 KPFA Recall Forum--Part 2

KPFA Forum held at the Historic Fellowship Hall in Berkeley, Monday, January 30, 2012
Part One
Part Two
Part Three
Part Four

The Social Justice Committee of the Berkeley Fellowship of Unitarian Universalists has had many discussions about "what's going on?" over at KPFA Pacifica. We are deeply concerned about the viability of KPFA Pacifica after a long trend toward financial insolvency and internal divisiveness. We seek tolerance and conflict resolution in our faith, and in the way we live our lives. We want to see that kind of spirit prevail at KPFA Pacifica. We hope that enough of the people involved in the debate over the direction of KPFA Pacifica are willing to be tolerant, open-minded, and interested in genuine conflict resolution to commit themselves to engage in a civil discussion about the situation at KPFA Pacifica. Hopefully, the great majority want to work to establish a new spirit of truth & unity at KPFA Pacifica and to foster genuine solidarity within the station personnel and among the thousands in the community who consider themselves owners of that station. Yes, Pacifica holds the license. Yes, the foundation, the management, the staff, and the volunteers do the work. But the listener-members pay the bills, and they established their right to vote and to be represented in the great "Save KPFA" struggle of the 1990's. So "we the people" are especially in need of truth & good will that can build the trust & unity that we need, that we need to demand of those who are granted the opportunity to manage and to work at our wonderful station. We must not be pawns of insider games. For we are the masters of the fate of this station.

Therefore, we are proposing a "Truth & Unity Forum for KPFA Pacifica". We have no idea who will come or who will refuse to join in the dialogue. However, we know that is urgent and essential that we rebuild our community solidarity in order to engage the issues of our times. People in the "Occupy Wall Street" movement for economic justice, and indeed, all social justice struggles, need all major players in the KPFA Pacifica experiment in pacifist community radio to put their egos and turf wars aside long enough to begin to re-build this effort at truth and unity. We are inviting all parties and all concerned community activists to participate in a civil dialogue to inform ourselves about the nature of our concerns and how to resolve them.

There is a larger struggle going on in our society and in the world that cannot be effectively engaged by the station without truth and unity at KPFA Pacifica, and, about KPFA Pacifica. One faction recently mailed out a glossy poster claiming that Pacifica "has declared war on its listeners and workers". If that is true, then they should state the case, and we may need to support them. If that is not true, and something else is going on at KPFA Pacifica, then we may need to oppose the ongoing attacks on Pacifica and on Interim Manager Andrew Leslie Phillips, Interim Program Director Carrie Core, and Treasurer & elected Local Station Board member Tracy Rosenberg. Maybe we could move toward a different kind of rhetoric and methodology if we participate in an open forum to get the facts out into the air and sunlight.

The well-being of people all over the world hangs in the balance. People in the USA have finally begun to address the problem of "systemic economic injustice" and they need and deserve our "undivided" support. Will you come to the forum? Will you come with a spirit of good will and dedication to truth and unity? The event will be videotaped as a public record. So bring your best deeper caring self. State your best points without posturing or meanness? Encourage others to bring an open mind along with that great capacity for critical analysis that we already share in common. We at the BFUU Social Justice Committee are "opening our doors" on January 30, 2012 to you, and for you, to recommit to the healing, bonding, and organizing, so needed now. Let's get on the right road before it's too late to get started!


Fellowship Hall

1924 Cedar Street, Berkeley, CA 94709
(At Bonita Ave, one block east of MLK Way & three blocks west of Shattuck Ave)
This location is wheelchair accessible via the ramp on the Bonita Avenue side of the building.
"Free" event! Donations accepted & will go to KPFA Pacifica!
For the latest
BFUU event information













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Merrill Lynch no longer exists

Nevertheless.

A few days ago there was a rumor that WBAI, a Pacifica station, had accepted $10,000 from Merrill Lynch. Since Pacifica does not accept corporate underwriting, this created quite an uproar. The “Concerned Listeners”/”SaveKPRA” faction (the CL’ers) immediately spun it to their liking and reported it on the KPFA news, using it in their ongoing campaign to embarrass Pacifica. But in reporting the story, the CL’ers had apparently forgotten that Merrill Lynch no long exists.

So what really did happen? Below is a report from Tracy Rosenberg, Pacifica Foundation Board of Directors Treasurer.

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Report on claims of "corporate underwriting" from Merrill Lynch
by Tracy Rosenberg
April 26, 2011

Here are the facts regarding the claims of corporate underwriting from Merrill Lynch that have been erroneously reported by (sequentially), the WBAI LSB, the KPFA News Department and the Save KPFA organization. Please feel free to forward this report. This is being provided in the fulfillment of my duties as the board treasurer of the Pacifica Foundation. Any reports to the contrary issued by foundation spokespeople or broadcasted should be retracted.

The issuer of the checks in question is Goldman Sachs Gives. Goldman Sachs Gives is the working name of the Goldman Sachs Charitable Gift Fund, a Delaware non-stock corporation, including it's UK branch, the Goldman Sachs Charitable Gift Fund UK, a company limited by guarantee # 6314343, registered in England and Wales under charity # 1120148 and as a charitable institution with Hong Kong Inland Revenue Department with a registered office at Peterborough Court 133 Fleet Street, London EC4 2BB.

This is a donor-advised gift by an individual who wishes to remain anonymous and is located on the Upper West side in New York City who has advised a gift via the Goldman Sachs Gives Annual Giving Fund, The funds are payable to the Pacifica Foundation and suggest the donation is recommended by the donor to support the WBAI News Department and a possible special series on Hydro-fracking.

The terms of the gift are as follows.

"After considering the above recommendation, Goldman Sachs Gives has approved a grant to your organization. This grant is being made from the GS Gives Annual Giving Fund, an account within Goldman Sachs Gives. It is not necessary to issue a letter of acknowledgment to Goldman Sachs Gives for this donation. By accepting this check, your organization is deemed to certify to Goldman Scahs Gives that 1) no tangible benefit, goods or services were or will be received by an individuals or entities connected with The Goldman Sachs Group Inc. or Goldman Sachs Gives and 2) you will not use this grant to satisfy the payment of any pledge or other personal financial obligation on behalf of the person(s) recommending this grant or any person or entity connected to the recommenders."

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This is a major donor gift from an individual to the Pacifica Foundation accompanied by a recommendation from the donor on how he would "like" the gift to be used that has no binding force of law. There is no grant report due to the entity Goldman Sachs Gives and no constraints on the Pacifica Foundation to use the funds in any way, except that they should not pay the donor's personal bills with it.

Please reclassify the funds as an unrestricted major donor gift so it is recorded correctly on the Foundation books.

Documentation available on request with thanks to WBAI and Goldman Sachs Gives for their assistance.

TRACY ROSENBERG
Treasurer, Pacifica Foundation Board of Directors
KPFA -FM, Listener Representative

Check # 5618 $10,000 - From Goldman Sachs Gives to the Pacifica Foundation dated 2-18-2011- on the recommendation of D.S. via the Goldman Sachs Annual Giving Fund
Check # 4431 - $5,000 - From Goldman Sachs Gives to the Pacifica Foundation dated 10-26-2010 - on the recommendation of D.S via the Goldman Sachs Annual Giving Fund.



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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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