L-A Radio: NLRB Issues Complaint Against SBS Stations

Employees at La Raza 97.9 KLAX-FM and Mega 96.3 KXOL-FM in Los Angeles were intimidated, threatened and fired for seeking union representation, and efforts to negotiate a contract after winning an election were blocked by Spanish Broadcasting Systems (SBS) for over a year, violating fair labor practices, according to multiple charges filed by SAG-AFTRA before the National Labor Relations Board (NLRB).

After a review of six charges, the NLRB agreed and issued a formal complaint against SBS. As part of the remedy, the NLRB is seeking an order requiring the broadcaster reinstate the terminated employees with back pay, plus interest and any other consequential damages, such as out-of-pocket medical expenses they may have incurred after being fired for allegedly trying to unionize. It also wants SBS to reimburse the union its bargaining costs and expenses associated with the media company’s “illegal bad faith bargaining.”

According to Forbes, the complaint, which consolidated all the charges, lists a series of labor violations that SBS committed, including: meaningless “surface” bargaining, delaying and canceling meetings, failing to send anyone with authority to the meetings, refusing to discuss economics, interrogating employees and threatening them with reprisals if they supported unionization, interfering and coercing employees, and unlawfully terminating eight employees in retaliation for their union activities, without providing SAG-AFTRA with notice and an opportunity to bargain.

The complaint lists on-air radio personalities Marlene Quinto and Erika Garza as the first staffers fired in early March 2017, followed by Sandra Bañuelos, Gerardo Cardoso, Félix Castillo, Abraham Chávez, Anthony Mora and Ana Ramírez, later that month. According to SAG-AAFTRA, they were all strong union supporters and two had challenged SBS for failing to pay wages and overtime.

SBS has until October 19 to file a response to the complaint. A trial date in the case has been set for December 11.

SBS denies any wrongdoing. Richard D. Lara, General Counsel for SBS issued a very brief statement following the ruling: “SBS continues to deny these allegations as being false, baseless, and inflammatory. No further comment at this time since the matter is in litigation.”

But Félix Castillo, aka DJ Mr. Boro, speaking on behalf of several colleagues who claim they were terminated for union organizing, says dismal working conditions that included low salaries, denied reimbursements and elimination of talent endorsement fees prompted the group to seek SAG-AFTRA representation.