KGTV apparently refuses to accept decisions by the National Labor Relations Board declaring that protests by union supporters during KGTV live reports are lawful.
KGTV first filed an Unfair Labor Practice charge in late March against Local 54 and the San Diego & Imperial Counties Labor Council — and also sought an injunction to stop the protests. The NLRB dismissed the charge citing "lack of evidence," and KGTV filed an appeal.
In its decision on the appeal, the NLRB said that protestors may not block "the camera's view of the reporter," but denied the appeal on every other count, including coercion.
Now NABET-CWA has learned that KGTV asked the Board to reconsider the "audio component" of the protests. KGTV apparently wanted the Board to declare the chanting of "10NewsUnfair.com" as coercion. The Board denied the motion.
In a brief decision, the Board told KGTV that the chants do "not constitute coercion," that the protestors have "a right to be present," and that there was "insufficient evidence" that the noise made by protestors is significantly different than other noises you might "expect in a public place." That being the case, the Board said there was "no alternative but to deny your motion."
In its earlier decisions, the Board concluded that the "Union's demonstrations during the Employer's live news broadcasts and 'look live' tapings do not prevent employees from completing their work, lack the element of coercion" and "represent lawful Union action against a primary Employer." The Board also told KGTV "the Union's actions appear to be part of a lawful campaign to protest and engage in primary picketing of the Employer where it has a public presence" and that it's lawful to wave union signs and chant the 10NewsUnfair.com brand.
Protests are part of Local 54's mobilization campaign for a new contract at KGTV. NABET-CWA has called on McGraw-Hill Broadcasting President Darrell Brown and KGTV General Manager Jeff Block to stop wasting money on their union-busting law firm and instead negotiate a fair contract for Local 54 members. "Darrell and Jeff should sit down and have a conversation that leads to resolution of this contract," said Local 54 President Dennis Csillag.
The American Federation of State County & Municipal Employees (AFSCME) is currently running a multi-million dollar TV ad campaign aimed at revealing essential truths about gubernatorial candidate Meg Whitman. The spot, entitled “Shameful,” is airing on TV stations in Los Angeles and San Diego. The ad is not running on KGTV due to an economic boycott of the station. “The purpose of the ad is to tell voters the truth about Meg Whitman’s record as a business person and as a political candidate,” said Willie Pelote, AFSCME’s political director in California.
AFSCME and other independent expenditure groups have spent roughly $10 million on TV ads so far on the gubernatorial campaign alone. The groups report that KGTV's share of the revenue is being split among other stations in the San Diego market. NABET-CWA estimates KGTV's losses at about $400,000 since spots started running in early May.
The boycott of KGTV and McGraw-Hill by the California Labor Federation and the San Diego & Imperial Counties Labor Council is part of the ongoing dispute between KGTV and NABET-CWA.
California Labor Federation chief executive Art Pulaski said the Federation voted to sanction the boycott because of KGTV and McGraw-Hill's "involvement in a union-busting campaign and unfair contract negotiations with NABET-CWA." San Diego & Imperial Counties Labor Council CEO Lorena Gonzalez said "KGTV's tactics have been particularly unethical and NABET-CWA has the full support of the County's 192,000 union families."
KGTV responded to the boycott by filing a frivolous Unfair Labor Practice charge against the Labor Council, which was quickly dismissed by the National Labor Relations Board.
McGraw-Hill has been actively engaged in union-busting since 2006, waging a war of fear and intimidation on KGTV employees represented by NABET-CWA. Internal McGraw-Hill documents uncovered by NABET-CWA show that KGTV has no intention of negotiating a fair contract, using constant impasse to delay negotiations and frustrate employees.
KGTV's ratings and profits have dropped significantly since the start of the dispute.
Appearing at a recent J.D. Power and Associates "Town Hall Meeting," McGraw-Hill Broadcasting President Darrell Brown said, "I'm moving back to San Diego for some business reasons and some personal reasons."
Giving an overview of the Broadcasting Group, Brown said 2009 was a tough year for the Group. "For the first time in our history, we actually lost money," Brown said. He told the crowd there is future revenue growth in: securing retransmission consent money from service providers; better serving the Hispanic market; providing advertising opportunities to small business; and mobile TV distribution. Brown also talked about the importance of changing the core business to compete in the future and the responsibility that goes along with the "tremendous power" of television.
Brown has publicly steered clear of McGraw-Hill's union-busting campaign, instead turning a blind eye to the reign of terror thrust on employees by KGTV managers. That includes a union-busting plan implemented by KGTV's law firm, profiling of employees based on race, age and a personal fear — such as loss of family health benefits or even loss of job — used to intimidate employees into withdrawing support for their Union, and unjust disciplinary action against Union supporters.
Since becoming Group President two years ago, Brown has refused to even meet with officials trying to settle the dispute, saying only that a meeting "would not seem productive."
KGTV and McGraw-Hill are currently the subject of a statewide boycott by the California Labor Federation for their "involvement in a union-busting campaign and unfair contract negotiations with NABET-CWA." KGTV has squandered about $5 million in legal fees and lost advertising revenue from businesses and groups that support working families.
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He told the crowd there is future revenue growth in: securing retransmission consent money from service providers; better serving the Hispanic market; providing advertising opportunities to small business; and mobile TV distribution. Brown also talked about the importance of changing the core business to compete in the future and the responsibility that goes along with the "tremendous power" of television. 
