Louis Reyes Rivera, an Exclusive Interview, November 1st, 2010

http://peaceandjustice2005.blogspot.com/

Louis Reyes Rivera,
an Exclusive Interview, November 1st, 2010 


ab: Louis, what's new? 


Louis: I just got a phone call yesterday (October 31) from the interim Program Director at WBAI (Tony Bates) informing me that, as of the week of November 15, 2010, I will no longer be hosting my weekly radio program. 


ab: What were the reasons given for your dismissal? 


Louis: I was informed simply that changes in programming were being made and that with the new grid (i.e., the programming schedule) in place, I was not on it and my program would no longer be aired.

I'd be allowed two final segments and that after the 15th, that's it.

 I asked if I could be given a different time slot (my show airs from 2 to 3 p.m., on Thursdays).

The answer was a resounding, No!

You won't be on the air at all. 


ab: Please tell us about the reasons for the firing and about your program on WBAI. 


Louis: It's got nothing to do with quality or performance.

I've been at WBAI hosting a weekly show, "Perspective," for nine years with a focus on a blending of the arts and the social politic that drives the artist.

With this format and a concentration on both poetry and Jazz, I've been able to interview poets, journalists, novelists, social activists, librarians, arts administrators and educators, promoters, social activists, musicians, composers, et al.

"Perspective" is the only Arts program that does this.

 In addition, I've brought to the station live bands (as many as 22-person orchestras) to perform on the air at no cost to the station.

In addition, I'm among the very few producers with direct ties to performing artists, and I've produced a number of programs that featured contemporary poets, Spoken Word Artists, etc., as specials. 

I've had the youngest performers (as young as six years old) and among the elders in arts (as old as 86 and still working).

In effect, by the time WBAI would be finished with me, I'd have established a genuine oral history of this period in relation to both the performing arts and the social activism that drives them.

In effect, throughout its nine-year stint, "Perspective" has enjoyed a huge following (relative to the station's listener base) from the New York Greater Metropolitan Area.  

As well, you should know that I have served as one of the five Shop Stewards of the Unpaid Staff Organizing Committee, the contractual union for all unpaid staff, for the past seven years.

Please take note that the staff at WBAI consists of less than 40 paid employees covered under AFTRA and well over 200 unpaid employees who have no other bargaining voice outside of USOC.

The overwhelmingly majority of those 200 are the producers and staff of the programs aired.   

ab: What do you believe led to your being dismissed?   

Louis: It happens that, this year, I ran for one of the staff representative positions serving on WBAI's local station board (the station's basic governing body).

One of the requirements for running was to submit a 500-word statement on my candidacy.

I did so and in an unfettered manner. 

Consequently, my statement was the only one of eight that was literally censored [see below -- ab] and not permitted to be posted in full on the station's web page for three weeks.   

I pursued a series of email exchanges with the National Election Supervisor over this censorship.

Eventually (three weeks later), she recanted her earlier position and posted my full statement fully restored back on the WBAI web page.

  You should know that, along with four other sister-stations, WBAI is owned and governed by the Pacifica Foundation and that, roughly two years ago, a reactionary moderate-right wing had won a new majority on both the Pacifica National Board and WBAI's Local Station Board.

Since then, more than 21 people have been eliminated from the several sister stations, a dozen of which were from WBAI alone.   

During the course of this year's election and the events surrounding the censorship of my candidate's statement, the National Election Supervisor met with the Pacifica Election Committee (a network-wide committee).

The committee raised questions concerning the censoring of my candidate's statement.

At that meeting, the Election Supervisor accused me of perpetuating lies (she described my statement as consisting of a bunch of lies).

When pushed by the committee to explain the basis for such an accusation, she admitted that her information was based on what she was told by both Pacifica's Chief Financial Officer and its interim Executive Director -- in short, that each of the censored sections of my statement had been deleted by her (subject to my rewriting those sections) at the direction of these two Pacifica executives.

This, of course, is a violation of election guidelines and Pacifica by-laws regarding the conduct of the NES and its fairness doctrine.

The Elections Committee members were outraged, to say the least.

She was instructed by the committee to produce a copy of my candidate's statement so that its members could evaluate my statement themselves.

Immediately after that meeting was adjourned, the election supervisor notified me that my statement had been fully restored and downloaded onto WBAI's web page for all staff to read.

The meeting, by the way, was taped.

So, it's easy to verify. When election results were finally announced, it happens that I did too well in the first round ballot count to be ignored...

Enough people voted me as their number one choice to raise all manner of eyebrows.

Both my candidacy and the election results speak to the fact that I do have support among the producers.   

The short of it is this: I almost won a full seat and did garner enough votes to place me as the First Alternate.

The moment a staff representative vacates any one of the staff seats, I automatically take office.

In such a position, I become too much of an intimidating factor. 

 Couple this with the fact that I refused to water down my candidate's statement, and that all of the staff, paid and unpaid alike, was able to read it in its entirety, the obvious becomes eventual -- get rid of Rivera. 

 It boils down to basic arithmetic. 

As it stands now, the right of center wing that now constitutes a majority numbers 13 out of 24. If I take my seat, the left wing minority increases its weight to a 12/12 distribution.

Any single one of the truly independent board members on the LSB would turn the tide against right-wing policies.

This would conceptually alter the template.   

ab: What by-laws can you turn to that would make your removal subject to review, etc.? 

Louis: The answer is about process and the extent to which we willingly accept violation of due process.

Before any program can be removed, it must be reviewed by a Program Council that consists of all affected parties (the unpaid staff, the administrators, members of the Local Station Board).

No one can arbitrarily remove or change programming.

This is written in stone and can be accessed via the Internet.

 I was not evaluated. 

No Program Council has met to discuss changes in the schedule, my programming skills and personal/professional contacts have not been assessed, and, more importantly, neither USOC Shop Stewards nor LSB members have been consulted prior to the action.

Of course, I'm not the only one who's being arbitrarily removed, and that's the central issue. 

These changes are rooted in a right wing agenda flavored with serious vindictive motives that are both detrimental to the station and to the Foundation.  

Understand that Pacifica is supported by its listeners at each of the five sister stations (Los Angeles, Berkeley, Houston, Washington, D.C., New York).

Accordingly, it is governed by those local station boards -- i.e., those who are elected to act on behalf of the listeners. That's what makes all of this subject to scrutiny and objection.

No one can be simply removed from the air without due process and without adherence to both by-laws and contractual agreements.    

ab: What can the community do to support you in this struggle?


Louis:

One: listeners and supporters can call WBAI and demand that my program and I be placed back on the air.

The phone number is 212.209.2800.   

Two: they can email the following people to insist that due process is adhered to, that all program changes should be tabled until their own by-laws are followed, and to insist that the decision to dismiss me be rescinded:   

Program Director at WBAI/ Tony Bates at tony@wbai.org;

The Pacifica National Board at pnb@pacifica.org, 

The interim General Manager at WBAI, Bertolt Reimers at breimers62@earthlink.net ,

The Chairperson of WBAI's Local Station Board atmitchelcohen@mindspring.com, 

Justice and Unity at info@justiceunity.org ,

and the Coalition to Take Back WBAI at info@takebackwbai.org . 

Pacifica supporters, particularly in New York can accompany their insistence with the promise of continued financial support and with the threat of ceasing to continue to support the station directly because its managers are in direct violation of both the Pacifica Mission and its own by-laws. 

 The point here is that both Pacifica and its five stations are supported by subscriptions donated to the stations.

Thus, WBAI, et al, are virtually owned by its listeners (its stockholders), who are duly represented by those who sit on the Local Station Board. 

Arbitrary governance is directly against the interests of those stockholders, and each of the five LSBs have an obligation to both the respective station and its listener base. 

ab: Louis, thanks so much for taking the time to inform the community of this development. 

Louis: And thank you for allowing me this opportunity. 

http://peaceandjustice2005.blogspot.com/

 ===================== 

 

ADDENDA:

 

EMAIL EXCHANGES WITH NATIONAL ELECTION SUPERVISOR

 

On Thu, Aug 5, 2010 at 1:27 PM, <Louisreyesrivera@aol.com> wrote:

 

Dear Renee Asteria:

 

I write this in response to your email of 30 July 2010, in which you state that you "have highlighted in yellow the sections [of my Candidate's Statement] that need to be rewritten."

 

First, without my knowledge or consent, you have taken the liberty to cut the parts in my original Candidate's Statement which you found questionable and, in effect, posted only the spine of my statement (minus all of its flesh and bones). I find that to be beyond your authority as Pacifica's National Election Supervisor. It's tantamount to the very type of censorship which parts of my statement allude to. Is this not an open election, with candidates taking their respective positions on a variety of issues affecting WBAI, or is the election to the Local Station Board simply a preordained selection of the most compliant candidates acceptable to [whom]?

 

Second, in taking such an action against a candidate, you have assumed the role of Critic-Censor, which I firmly believe does not fall either within your purview as Election Supervisor or in line with the principles of a fair and open election in which candidates can state their unequivocal reasons for seeking election.

 

Third, in addition to the nine sections of my Candidate's Statement which you highlighted in yellow, you further highlighted in orange the rationale for your objection. In each case, my deleted clauses are highlighted in yellow, followed by "This needs to be rewritten as it is not a true representation of the facts" in orange (see your email below).

 

While I do appreciate your taking time to state your reason for deleting (subject to a rewrite of) each clause-in-question, I must take issue with your assertion that what I've stated is "not a true representation of the facts." In and of its self, that alone is most problematic.

 

As a matter of fact, after carefully reviewing my statement and each of your objections, I am compelled to state that I totally disagree with each of your assertions. In so doing, I ask that you allow my original Candidate's Statement (see Addendum A, below) to be placed back onto the WBAI web site, unhindered and untouched.

 

My reasons include the following:

 

(a)    I have read and signed the Fairness doctrine and have, to the best of my ability, knowledge and belief, accepted and abided by its terms;

 

(b)    To not have my Candidate's Statement in its complete form is, in my estimation, a violation of fair and equitable access to my constituency;

 

(c)    Every clause in my statement is, in fact, based on as true a representation of the facts as any person with any ounce of integrity can make – and I do cling to that much – my integrity.

 

Easily, I could reiterate each of my statements and provide you with documents (including emails with the listed dates, times, and names of senders) that would render my statements as factually-based. But that is beyond both of our purviews – yours as Election Supervisor and mine as a Candidate seeking election from my constituency to the Local Station Board and on behalf of all staff.

 

I will, however, base my request to you on two pillars of contention between us.

 

One: Grace Aaron did issue what can only be called a Network-wide Gag Order, which she, herself, emailed to all concerned parties. And, in her memo, she did, in fact, definitively warn potential violators against such actions. Emails, by the way, are definitively admissible in courts of law.

 

Two: There is, in fact, an existing Contract between the Unpaid Staff Organizing Committee (USOC) and Pacifica and WBAI management. This contract specifies the conditions for relations between the parties and a clearly definitive outline for due process in the treatment of all personnel (and, in this case, as that relates to all unpaid staff and several of the assertions in my Candidate's Statement). USOC is and has been duly recognized as such by all previous WBAI managers (no less than eight out of ten general managers).

 

For your edification, I include below both the link (see Addendum B below) to WBAI's web site where the contract is fully available for anyone to read. As well, I include unedited excerpts (see Addendum C, below) from the opening pages of that contract. With this, you can readily see that a contractual agreement does, in fact, exist between unpaid staff and WBAI management and that my statement is, in fact, a clearly legitimate interpretation of what this candidate sees and has come to understand. 

 

Respectfully,

 

Louis Reyes Rivera

 

 

 

 

 

Addendum A: Candidate's Statement

 

Candidate's Statement 1: Louis Reyes Rivera (UNCENSORED)

 

I am running as a staff representative to the LSB on a three-point platform: No gag rules ever. Due process always. The role of USOC (Unpaid Staff Organizing Committee) cannot be abrogated at will.

 

I am equally concerned with the need for fresh approaches to fundraising, long-range planning towards economic stability, and program policies that better reflect the inclusion of every constituent community. Moreover, I hold foremost that elected representatives to the LSB must engender the station's integrity and practice of principled behavior. How principled we are is what makes us relevant to our constituent communities.

 

Everywhere I go, people ask me, "What's going on at 'BAI?" Don't believe our listeners don't suspect that something's amiss here – or that, as producers, we can simply cover up, ignore, or deny the obvious.

 

Just 18 months ago, a new majority faction took over the Pacifica National Board, and L.A. board member Grace Aaron became Chair as well as Interim Executive Director. Pacifica's legal Counsel, Dan Siegel, promptly resigned, stating that he would not be party to a surreptitious agenda. He had previously represented listeners and staff in successful lawsuits against culminating coups in Berkeley and New York.

 

Among Aaron's initial acts was a failed attempt to take over WBAI's radio signal and the issuance of a gag order throughout the network, threatening violators with removal from the air. To date and from top to bottom, 20-plus people, including national officers, local managers, unpaid producers and listeners, have been arbitrarily fired, banned, or forced out of their respective stations.

 

No less than eleven producers (two of them union stewards),  two general managers and a program director were eliminated from WBAI alone, and in a manner that bespeaks vindictiveness at the direct expense of both due process and Pacifica by-laws. Once banned, they could not be subjects or guests of any program at the risk of retaliation against the producer. Yet we continue to tout WBAI as the single local alternative that insists on Free Speech Radio; our own LSB is itself as culpable here as management.

 

In this past decade, WBAI has had no fewer than ten general managers, thus making impossible any effort to strategize and implement a sound master plan for our station's financial well-being. In addition, with barely 40 paid staff, WBAI relies heavily on over 200 producers who have been ably represented by USOC, a union recognized by every station manager prior to these past 14 months. For Pacifica administrators to implement policies that are tantamount to union-busting is both shameful and criminally negligent of the Pacifica Mission – that our producers have remained more silent than not is equally shameful.

 

"Thus," wrote William Shakespeare, "calamity makes cowards of us all." I urge you to turn aside that tendency and vote for Louis Reyes Rivera, Bob Lederer and William Heerwagen

 

 

Addendum B: LINK:

 

http://wbai.org/index.php?option=com_content&task=view&id=2257&Itemid=28d 

 

Addendum C: Excerpts from USOC Contract:

 

Labor Contract Between

WBAI and Unpaid Staff Organizing Committee

 

WBAI unpaid staff union agreement - signed in Feb. 2003

 

COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN

WBAI, PACIFICA FOUNDATION, AND UNPAID STAFF ORGANIZING

COMMITTEE

 

RECOGNITION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SALE OF STATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . .

MANAGEMENT RIGHTS. . . . . . . . . . . . . . . . . . . . . . . . . . . .

MANAGEMENT RESPONSIBILITIES. . . . . . . . . . . . . . . . . . . . . . .

UNION BULLETIN BOARD . . . . . . . . . . . . . . . . . . . . . . . . . .

DEFINITIONS OF STAFF . . . . . . . . . . . . . . . . . . . . . . . . . .

GRIEVANCE PROCEDURE. . . . . . . . . . . . . . . . . . . . . . . . . . .

NONDISCRIMINATION. . . . . . . . . . . . . . . . . . . . . . . . . . . .

NO STRIKE BREAKING . . . . . . . . . . . . . . . . . . . . . . . . . . .

HIRING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PROBATION.

RECALL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

DISCHARGE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

COVERAGE OF DUTIES . . . . . . . . . . . . . . . . . . . . . . . . . . .

LEAVES OF ABSENCE. . . . . . . . . . . . . . . . . . . . . . . . . . . .

HEALTH & SAFETY. . . . . . . . . . . . . . . . . . . . . . . . . . . . .

TRANSPORTATION & REIMBURSEMENT FOR EXPENSES. . . . . . . . . . . . . . .

CHILDCARE ALLOWANCE. . . . . . . . . . . . . . . . . . . . . . . . . . .

NEW TECHNOLOGY . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

BEREAVEMENT LEAVE. . . . . . . . . . . . . . . . . . . . . . . . . . . .

MISCELLANEOUS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

AUTHORITY OF UNION REPRESENTATIVES . . . . . . . . . . . . . . . . . . .

MODIFICATION & TERM OF AGREEMENT . . . . . . . . . . . . . . . . . . . .

 

WBAI, PACIFICA FOUNDATION, & The Unpaid Staff Organizing Committee

Agreement entered into between Pacifica Foundation, its successors and assigns, hereinafter called Employer or Manager or Management and said Foundation owning and operating radio station WBAI-FM in New York City, New York, hereinafter called Station, and the Unpaid Staff Organizing Committee hereinafter called the Local or Union.

 

SECTION I RECOGNITION

"The Pacifica Foundation and WBAI recognize the WBAI Unpaid Staff Organizing Committee as the sole exclusive bargaining agent for all unpaid staff for the purposes of collectively bargaining in regard to all conditions relating to service to the station."

 

Management will not perform work normally performed by bargaining unit members except in an emergency.

 

SECTION II SALE OF STATION

The Employer further agrees that in the event of the sale of the Station, the new owner(s) shall recognize the Unpaid Staff Organizing Committee as the sole bargaining agent for the unpaid staff and shall accept this collective bargaining agreement in full. Pacifica Foundation agrees to notify the Union six months in advance of an impending sale, frequency change, power change as defined by F.C.C. regulations, or relocation of the station premises, and, in the event of a complete shutdown of the Station, shall meet with the Union to discuss the reasons for and alternatives to a Station shutdown, and any other effects not specifically covered by this agreement.

 

SECTION III MANAGEMENT RIGHTS

The Union recognizes that subject to the express provisions of this Agreement and of applicable State and Federal law and the Rules and Regulations of the Federal Communications Commission, the supervision, Management, and control of WBAI, its operations, and business are the exclusive functions and rights of the Pacifica Foundation in conjunction with the Paid and Unpaid Staff. 

 

– end of excerpts –

 

 

Addendum D: Additional Emails & Censored Statement:

 

In a message dated 7/30/2010 6:51:44 P.M. Eastern Daylight Time, nes@pacifica.org writes:

Dear Louis,

 

I have highlighted in yellow the sections that need to be rewritten.

 

Let me know if you have any questions,

 

Renee Asteria

 

 

 

Candidate's Statement 1: Louis Reyes Rivera

 

I am running as a staff representative to the LSB on a three-point platform: No gag rules ever. Due process always. The role of USOC (Unpaid Staff Organizing Committee) cannot be abrogated at will.

 

I am equally concerned with the need for fresh approaches to fundraising, long-range planning towards economic stability, and program policies that better reflect the inclusion of every constituent community. Moreover, I hold foremost that elected representatives to the LSB must engender the station's integrity and practice of principled behavior. How principled we are is what makes us relevant to our constituent communities.

 

Everywhere I go, people ask me, "What's going on at 'BAI?" Don't believe our listeners don't suspect that something's amiss here – or that, as producers, we can simply cover up, ignore, or deny the obvious.

 

Just 18 months ago, a new majority faction took over the Pacifica National Board, and L.A. board member Grace Aaron became Chair as well as Interim Executive Director. Pacifica's legal Counsel, Dan Siegel, promptly resigned, stating that he would not be party to a surreptitious agenda. rewrite as you can only state an opinion - but this is written as to quoting an individual He had previously represented listeners and staff in successful lawsuits against culminating coups in Berkeley and New York.

 

Among Aaron's initial acts was a failed attempt to take over WBAI's radio signal and the issuance of a gag order throughout the network, threatening violators with removal from the air. This needs to be rewritten as it is not a true representation of the facts. To date and from top to bottom, 20-plus people, including national officers, local managers, unpaid producers and listeners, have been arbitrarily fired, banned, or forced out of their respective stations. This needs to be rewritten as it is not a true representation of the facts.

 

No less than eleven producers (two of them union stewards), This needs to be rewritten as it is not a true representation of the facts as there a union has yet to be established.? two general managers and a program director were eliminated from WBAI alone, and in a manner that bespeaks vindictiveness at the direct expense of both due process and Pacifica by-laws. This needs to be rewritten as it is not a true representation of the facts.Once banned, they could not be subjects or guests of any program at the risk of retaliation against the producer.This needs to be rewritten as it is not a true representation of the facts.  Yet we continue to tout WBAI as the single local alternative that insists on Free Speech Radio; our own LSB is itself as culpable here as management.

 

In this past decade, WBAI has had no fewer than ten general managers, thus making impossible any effort to strategize and implement a sound master plan for our station's financial well-being. In addition, with barely 40 paid staff, WBAI relies heavily on over 200 producers who have been ably represented by USOC, This needs to be rewritten as it is not a true representation of the facts. a union recognized by every station manager prior to these past 14 months. This needs to be rewritten as it is not a true representation of the facts.For Pacifica administrators to implement policies that are tantamount to union-busting is both shameful and criminally negligent of the Pacifica Mission – that our producers have remained more silent than not is equally shameful.  This needs to be rewritten as it is not a true representation of the facts.

"Thus," wrote William Shakespeare, "calamity makes cowards of us all." I urge you to turn aside that tendency and vote for Louis Reyes Rivera, Bob Lederer and William Heerwagen.