Management Attempt to decertify the Unpaid Staff Organization

 

 

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1 - Press release from interim Director of the Media Alliance

2 - Letter to the LSB on the situation by the same person, Tracy Rosenberg of the unpaid staff

3 - short analysis of the situation by Joe Wanzala

4 - more background of UPSO

5 - from interim General Manager's memo to staff decertifying UPSO

6 - The LSB overwhelmingly resists this attempt !
- see 8/18 meeting report posted in LSB reports section

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"Were this actually a union, the word union busting would not be an exaggeration."

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FORWARD PRESS ADVISORY Contact: Tracy Rosenberg
(510-684-6853)                                    August 28, 2007
Interim Director, Media Alliance

TWO MEDIA-WORKER COLLECTIVES ATTACKED ON SAME DAY:
NORTHERN CALIFORNIA MEDIA GUILD UNION AND KPFA UNPAID STAFF ORGANIZATION BOTH DEPRIVED OF MANAGEMENT RECOGNITION

Within hours of each other, two remarkably similar memos went out at two Bay Area media institutions. Each constitutes an attack on media workers' organizations; one is directed against paid employees, the other against volunteers. . . .

KPFA MANAGEMENT "DERECOGNIZES" UNPAID-WORKERS ORGANISATION
BERKELEY-CALIFORNIA -- Volunteer workers at Berkeley's venerable KPFA radio received an unhappy surprise on August 13, when a memo went out declaring that the unpaid workers' organization was no longer recognized by station management.

The Unpaid Staff Organization ("UPSO") has existed for seventeen years to represent the interests of the more than 200 volunteers who produce the majority of the program hours at KPFA. Unpaid staff produce nearly all of KPFA's music shows, and a substantial portion of its news and public affairs programs as well. The August 13 memo, signed by interim General Manager Lemlem Rijio, declares, "Currently, there is no management-recognized 'unpaid staff organization.'" Rijio's memo says that station management acted because the UPSO had not functioned for nearly two years. Not mentioned was the fact that an election committee was in the process of conducting a vote to refill the posts of incumbents who had ceased to serve the UPSO. Rijio's memo was issued only four days before the ballot due date of the UPSO election.

The management memo "pulls the rug out from under people who get very little for their dedication and hard work," said Shahram Aghamir, a producer on KPFA's "Voices of the Middle East" program. And KPFA's Local Station Board passed a resolution calling on management to rescind the memo and continue the long-standing policy of recognizing UPSO as the representative of the station's unpaid workers; the Board vote was 13 yes, zero no, and five abstaining. The immediate effect of the Rijio memo is to complicate the upcoming election for Local Station Board members, possibly preventing some unpaid staff from voting in that election. The management action may also hamper the possibility of UPSO working to gain new benefits for unpaid staff, such as a formal grievance procedure comparable to that of the station's unionized paid staff, or the option to buy health insurance at the station's group rate

More difficult to assess will be the impact of the disrespect management showed the station's unpaid workers by withdrawing recognition of their organization.

Coincidentally, the Rijio memo went out the same day as management at another media institution attacked a union: the Media News Group newspaper chain declared its "derecognition" of the Northern California Media Guild as the representative of employees at Media News Group's ANG newspapers. But many KPFA listeners will surely be surprised and dismayed that KPFA management engages in the same behavior as the managers of a profit-driven media conglomerate.

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. . .At the Alameda Newspaper Group, counsel for the corporate parent Media News Group declared that ANG would no longer recognize the Northern California Media Guild (CWA 39521) as the representative of ANG employees.
Having recently acquired the five-paper Contra Costa Newspaper group in a mass acquisition of 31 community and regional papers, Media News assembled new entity, (BANG-East Bay), to "maximize news resources".  The tactic also maximized the percentage of non-unionized workers in the new unit by adding in Contra Costa's non-unionized work force to tip the balance under the 50% marker. The Media News memo states, "The Company hereby withdraws recognition of your union, effective August 13, 2007".

"They jerked the rug out from under us" said Doug Cuthbertson, executive officer of the Northern California Media Workers, in an Editor and Publisher interview. CWA Local 39521 described the company's memo as "a blatant attempt to destroy a 20-year tradition of progressive labor relations in the East Bay news industry". . . .

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from Tracy Rosenberg date Aug 11, 2007| (emphases added)
subject Unpaid Staff Election

Greetings LSB members,
. . . . . .I'm writing to you as the former local election supervisor to express my concerns about the UPSO election underway.

As a bit of background info, the Unpaid Staff Organization has been the recognized vehicle for unpaid staff organizing since management recognized it in 2001 or so. It is not a union, but an attempt to provide some of the benefits of collective organizing and negotiation to the 200+ unpaid workers at KPFA. It has been, as most of you know, in a state of virtual paralysis since 2005, having inactive leadership. One of the existing council members, Shahram Aghamir, finally called for an election to replace the UPSO leadership, and the representatives it sends to program council, almost two years after the date it was supposed to have happened.

As the former election supervisor in 2006, I had the difficult task of putting together an unpaid staff list for LSB voting purposes without a functional UPSO. The confusion this caused resulted in multiple competing lists and finally a ruling from Pacifica attorney Dan Siegel regarding the formulation, composition and certification of the list. I pointed out repeatedly to the UPSO that now that there was a merged, approved and certified list, it would be a good idea to go ahead with the UPSO election as well, but for various reasons, that did not occur until the summer of 2007 when Shahram took action independently to resolve the stalemate.

There is a full complement of candidates running in an uncontested election and ballots have been mailed to all unpaid staff who were eligible to vote in the 2006 LSB staff election, with registrations being accepted for any who have since begun to work at the station.
But while this should be a good thing and a source of relief for everyone, given the long stalemate, there has unfortunately been egregious and inappropriate interference from management with unpaid staff organizing. Were this actually a union, the word union busting would not be an exaggeration. Ballots suffered a one week mailing delay in the mail room while management refused to authorize the expense (225 first class letters were finally mailed with the election committee bearing the expense personally), an e-mail to the staff list telling all staff of the registration and ballot deadlines has been held by the GM for a week with no response to questions about the delay (text of the proposed e-mail below) and the web director has been prevented from updating the web page at www.kpfa.org/staff/unpaid with election information.

The election committee has been valiantly trying to operate in the face of these obstacles, but obviously their ability to communicate professionally, efficiently, and coherently to the over 200 unpaid workers at KPFA is compromised. We would not tolerate this level of interference in an LSB election, nor would we support such actions at any other institution where workers were attempting to organize themselves. Why are we tolerating it here?

Given that the UPSO Council must, per the ruling of Dan Siegel, certify the unpaid staff list prior to the LSB election, there are direct consequences to the ability to carry out this fall's LSB election in a manner consonant with the bylaws - if the UPSO election does not proceed in a timely manner. Since this is a governance matter, I ask you to support the election committee in carrying out their task, and clarify that unpaid staff organizing is not only permitted, but encouraged in this work environment. Please state that management will not be allowed to unduly interfere with unpaid staff organizing by obstructing communication and access to resources. It is not only consonant with our values, but important for the integrity of our governance structure.

Best,
Tracy Rosenberg
2006 Local Election Supervisor

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. . . . . . .This is part of a series of actions by a small coterie within KPFA management to arrogate to themselves all decision making power and to undermine and ultimately dispense with the democratic governance structures that we have labored/are laboring to put in place over the last decade.

One immediate effect of this action to throw the election of the UPSO (the Unpaid Staff Organization) Council - and by extension the program council - into crisis as most of the upaid staff have either sent in or are sending in their ballots. Over the past few months KPFA management have sought to undermine efforts by UPSO members to resuscitate the organization which has been moribund for various reasons, precisely because the KPFA management, their claims to be 'pro-union' notwithstanding, recognizes that an organized and autonomous UPSO is an obstacle to their apparent goal of imposing a command and control type system at the station. . . . . .

Joe Wanzala
8/13/07


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from UPSO Background Election Information: [with a link added]

KPFA's Unpaid Staff Organization is the station-recognized body for selecting unpaid staff representatives to the program council and for organizing, advocating and initiating dialogue on unpaid staff issues.

Once unpaid and paid staff shared union representation as organized workers, but as time passed, that arrangement changed and unpaid workers were no longer permitted to join the paid staff union. [see Maria Gilardin's chronology 1996-1997]

The unpaid staff organization developed to try to fill some of the vacuum by providing input into programming decisions and creating a grievance procedure structure for unpaid workers. There is much more to be done, including possibly researching health care insurance options for the unpaid staff, materials and supplies, grant and fundraising assistance, training, and modest expense reimbursals in consistent, negotiated agreements that apply equally to all. UPSO is a democratic organization.

You are a member if you are an unpaid worker at the station and have booked more than thirty hours of work in the past twelve months.
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There are five seats on the UPSO Council and four [for UPSO] on the programming council. . . . . . .

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Date: Mon, 13 Aug 2007
Subject: KPFA Staff: Memo regarding UPSO
From: General Manager's Office
To: All Unpaid Staff
Re: Unpaid Staff Organization

. . . . . . .As unpaid staff, you are welcome to form organizations, collectives, working groups, etc. to support one another. However, currently, there is no management recognized "unpaid staff organization." This is because the "unpaid staff organization" at KPFA has not functioned for nearly two years. The 'unpaid staff organization' has also not conformed to its own charter (bylaws) for nearly two years.

Therefore, the eligibility requirement for unpaid staff who would like to run and/or vote in the upcoming local station board election will be determined based on the requirement of working for the station at least 30 hours between June 1st, 2007 and August 31st, 2007 in accordance with the Pacifica Bylaws . . . . . .
[This is the requirement when there is no unpaid staff organization, whereas the UPSO requirement is 30 hours per year. It was estimated that this would eliminate at least 100 unpaid staff.]