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Indybay Feature

The actual KPFA union contract as a searchable PDF

by Aaron Aarons (kpfa2010 [at] aarons.fastmail.net)
The entrenched staff at KPFA has been screaming for two months about alleged violations of the union contract between the Pacifica Foundation and the Communications Workers of America. As is usual with that group, they don't actually quote what they are citing or invoking. Now here's the full text of the contract, copied from the non-searchable one at the union local web site that I have converted to searchable text.
kpfa_2009-2012_union_contract.pdf_600_.jpg
The original, non-searchable copy of this document was found at http://cwa9415.org/KPFA.pdf. Using Adobe Acrobat's 'Document -> OCR Text Recognition -> Recognize Text Using OCR ...' command, I converted it to a form with text that can be searched and copied.

Now there's no excuse (was there ever?) for those invoking the union contract not to quote it exactly. They can start by telling us exactly what provisions of the contract are violated by anything Arlene Engelhardt or any of their opponents on the KPFA Local Station Board or the Pacifica National Board have done.

On the other hand, it seems pretty obvious that the faction that is screaming 'Union Busting' far and wide is violating or ignoring 'SECTION 5 - GRIEVANCE PROCEDURE' and violating subsection B of 'SECTION 7 - NO STRIKE BREAKING, NO STRIKE, NO LOCKOUT', which reads:

The Union, it’s officers, agents, members and employees of the Employer covered by this Agreement agree that so long as this Agreement is in effect, there shall be no strikes, sitdowns, job actions, stoppage of work, slowdowns, retardation of work procedures, boycott, sympathy strikes, corporate campaigns or any acts that interfere with the Employer’s operations.
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by charles gary (charles [at] well.com)
thank you aaron. job well done
by Maggie Kaigler Armstead
"Great spirits have always encountered violent opposition from mediocre minds."
— Albert Einstein

The answer to what is going on with KPFA.
by Mara
It's important to have this document available, as Aaron says. Thanks Aaron for posting it. (See Aaron's link to it, below the unclear image)
I'm surprised, though, that "nobody" noticed that both Virginia and I have also posted this previously!
When I first posted it on October 29, in the form of the relevant sections, and a link to the whole, an IndyBay editor posted it way down on the page under "Other/Breaking News. I tried to fix this by linking to it in comments to an article or 2.

Next, when the updated contract was found, Virginia published it in its entirety (CWA-KPFA Collective Bargaining Agreement 2010-2013). I tried to make it more accessible by adding a comment (The first, at the top) referring to the relevant sections.
http://www.indybay.org/newsitems/2010//20/18664698.php?show_comments=1#18664726

Relevant Sections are SECTION 7 - NO STRIKE BREAKING, NO STRIKE, NO LOCKOUT.
SECTION 12 - LAYOFF AND RECALL
30 - STEWARD AND OFFICER SENIORITY

Contents, from the latter:
1
CWA-KPFA Collective Bargaining Agreement 2010-2013
April 30, 2010
2
TABLE OF CONTENTS
PREAMBLE....................................................................................................4
SECTION 1 – RECOGNITION..........................................................4
SECTION 2 - MANAGEMENT RIGHTS.......................................................................4
SECTION 3 - UNION SECURITY......................................................4
SECTION 4 - PAYROLL DEDUCTION OF UNION DUES AND REPORTS.............5
SECTION 5 - GRIEVANCE PROCEDURE ...................................................................7
SECTION 6 - NON-DISCRIMINATION...................................................8
SECTION 7 - NO STRIKE BREAKING, NO STRIKE, NO LOCKOUT......................8
SECTION 8 - DEFINITION OF TERMS AND HIRING ...............................................9
SECTION 9 - PROBATION............................................................................10
SECTION 10 - WORK WEEK .................................................................10
SECTION 11 - PAY RATE COMPUTATION .............................................................10
SECTION 12 - LAYOFF AND RECALL .....................................................................10
SECTION 13 - DISCIPLINE/DISCHARGE .................................................................11
SECTION 14 - SENIORITY.....................................................................11
SECTION 15 - RETIREMENT........................................................................11
SECTION 16 - VACATIONS............................................................................11
SECTION 17 - HOLIDAYS...................................................................12
SECTION 18 - COVERAGE OF DUTIES....................................................................12
SECTION 19 – WAGES .........................................................13
SECTION 20 - LEAVES OF ABSENCE ......................................................................13
SECTION 21 - MEDICAL PLAN .............................................................13
SECTION 22 - SICK LEAVE..............................14
3
SECTION 23 - DENTAL PLAN...............................................................14
SECTION 24 - HEALTH AND SAFETY .....................................................................14
SECTION 25 – DISABILITY......................................................................14
SECTION 26 - TRANSPORTATION & REIMBURSEMENT FOR EXPENSES ......15
SECTION 27 - CHILDCARE ALLOWANCE..............................................................15
SECTION 28 - TRAINING/CONFERENCES ..............................................................15
SECTION 29 - AUTHORITY OF UNION REPRESENTATIVES..............................15
SECTION 30 - STEWARD AND OFFICER SENIORITY ..........................................16
SECTION 31 - SAVINGS PLANS......................................................................16
SECTION 32 - VOICE BUG ..........................................................................16
SECTION 33 - MODIFICATION AND TERM OF AGREEMENT ............................16


by Enemy of the entrenched
You've got to hate those pesky union workers -- I mean, entrenched staff. How dare anyone have power on the job! Or a proper procedure for layoffs, grievances, etc. An injury to one is a victory for me!

Pacifica is quite right to hire union busting firm Folger Levin -- the lawyers of choice for the Hyatt and other SF hotels -- to deal with the entrenched.

Down with the workers!
The senior members of the entrenched staff faction -- Mark Mericle, Aileen Alfandary, Philip Maldari, Kris Welch, et al., were at KPFA throughout the 1990's when the corporate hijackers were running amuck and doing their best to turn the station and the network into a mini-NPR. They didn't utter a peep in 1995 when perhaps over 100 unpaid programmers were summarily fired. In fact, some of them openly supported it.

Moreover, those same people went along with the busting of the United Electrical Workers local that represented both paid and unpaid staff and its replacement by a CWA local for paid staff only.

The faction that controls the CWA local also has pretty much controlled management at the station, driving out those managers that haven't totally gone along with them. And Mark Mericle, who is the co-News Director and effectively part of management is also the highest official -- a local Vice President -- of the CWA at the station. Also, Sasha Lilley went from being a union member to being a particularly autocratic Program Director back to being a union member.

Oh, and the clique is also still trying to get rid of Flashpoints, whose remaining paid workers have a lot more seniority than the people who were laid off.

Some 'union'!
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