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Check out Recent Issues 10-03-06 Tuesday's OTR Send your opinions to
BRUIN74@aol.com.
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ABC RESPONDS TO CARLSON LAWSUIT
On October 10th, ABC finally responded to the lawsuit filed against them and news director Cheryl Fair in July by Karen Carlson. Their response is in much more general terms than Carlson's accusations, but they do deny any wrongdoing. ABC says that if there was any damage to Carlson, it came because "she did not exercise ordinary care on her own behalf...."
(You can read about the Carlson lawsuit HERE). I left a message for attorney representing ABC and Fair, James Zapp, but he did not return my call.
One of the bones of contention is whether Carlson was fired or she quit. Carlson says she was fired, while ABC says she quit. However, ABC also says that if they did fire Carlson, "good cause existed to support such action."
Carlson alleges that Fair physically hurt her. According to Carlson's suit, "As I got my keys in tears and tried to leave, Ms. Fair grabbed my arm, which was currently covered in bruises from my carbon monoxide exposure the week before. It hurt, I said "Let go of me! Get away from me!" Then I cried even harder, telling her that I could have died last week, and she didn't seem to care. I left the newsroom shaking, crying and scared for my personal safety. I kept looking over my shoulder, afraid she would chase after me and hurt me again."
ABC's response says the "cause of action for assault and battery is barred because the alleged actions of Defendant Fair were justified."
Regarding the overall lawsuit, ABC says "other persons or entities, and not Defendants....constitutes carelessness, negligence misconduct and/or bad faith, or such persons or entities were otherwise at fault....."
ABC also says that Carlson "failed to notify the appropriate management personnel of the allegedly improper conduct which forms the basis of the complaint." The lawsuit response also says that if there was any damage to Carlson, her only remedy should come through the California Workers' Compensation Act and before the Workers' Compensation Appeals Board."
Naturally we'd be better informed if ABC responded in more specifics, or if their attorney would talk with OTR. But like Carlson's attorney, Kyle Kelley, the ABC lawyer isn't talking. Though at least Kelley was good enough to email me to say he could not talk. Zapp simply ignored my message. I will keep my eye on court records, and let you know when there is an update.
WGA COMMITTEE URGES "NO" VOTE
Writers, producers and others covered by the Writers Guild contract at KCBS/KCAL, KNX, and other CBS owned stations will vote on the latest offer from management on November 27th. The WGA negotiation committee wants the offer to be rejected. The following comes from a recent WGA news release:
The
CBS contract offer contains the following proposals:
- A
65-month contract (4/l/05 through 8/30/10) with no retroactive
wages.
- A
two-tier wage package: television and network radio members in
one tier and local radio members in another.
- Wage
increases for the television and radio tier averaging 2.2% per
year over the duration of the 65-month contract, that would
total 12% over the next 45 months (no retroactive increase).
- Wage
increases for the local radio members tier averaging 1.48% per
year over the duration of the 65-month contract, that would
total 8% over the next 45 months (no retroactive increase).
- The
right to assign non-Guild KFWB-Radio employees to write and edit
at KNX-Radio.
- The
ability to merge or combine Guild shops with non-Guild units,
and in doing so potentially force the Guild out of those shops.
In
addition, the CBS offer rejected Guild proposals that would have:
- Increased
job protection and benefits for temporary employees.
- Provided
for additional severance for employees who lose their jobs due
to a merger or consolidation.
- Increased
the number of employees eligible for CBS retiree health
benefits.
- Offered
enrollment of full-time employees in the Writers’ Guild
Pension Plan, which would give meaningful retirement savings to
employees who otherwise have no option but the CBS Fund the
Future plan.
During
the 20-month negotiations, the Negotiating Committee succeeded in
forcing CBS to withdraw its demand to remove writer/producers from
the union. In exchange,
it agreed to give CBS greater flexibility in the oversight over the
Guild-covered producers work.
MENDELSON BACK WITH INFOMERCIALS
Alan Mendelson tells me that he will be hosting infomercials which will be airing on KCAL this weekend. It's called "Best Deals with Alan Mendelson" and it will air Saturday Morning at 1:30, and Sunday Morning at 11:30. He says it's being produced by Greg Seaman and Creative Services Advertising.
He says he'll also be doing TV commercial for various retailers and wireless phone company resellers.
The E! Channel recently did a piece on the Derek Lowe/Carolyn Hughes affair. The researcher involved told me they planned to interview me as part of it, but oddly enough, they didn't. I say it is odd because if it were not for me, the story would never have broken. They did reference OTR, use my picture and put my URL on the screen while showing those pictures of Lowe and Hughes which I had published. So it wasn't all bad in terms of publicity. Still, I think it was not a wise decision journalistically to have skipped over me. Oh well. You are right. I do have bigger concerns these days, don't I?
First of all, it is nice to finally have a fresh issue of OTR, however brief. I'm not ready to go back to anything regular. But when I feel I can do something, I will.
It turns out that I am allergic to oxaliplatin, the chemo drug which I began taking again recently. So I've gone back down to UCLA so I can take part in an experimental drug program. I've got a few hoops still to jump through, but if all goes well, I should be able to get started around a week before Christmas. Because of testing they need to do, the first four days would mean staying in the hospital. It will be an infusion that lasts 96 hours, every other week. After the initial four days, the other infusions will be given in a pack I will keep with me. So I will be getting a constant infusion over 96 hours from the pack into a port I already have in my chest. That will be a first for me.
Next week I will start getting radiation treatments for the small bit of cancer I have in my back. I am told there should be no side effects. I still have some back pain, though again, not as bad as it was. The painkillers do help. Sometimes I feel pretty good, and other times, not as much. I think it is mostly physical, but there is no doubt that my emotional state is part of it. Sometimes, I just get tired of everything. Between the occasional discomfort and the realization that I still have a tough fight against cancer, I am sure that my reaction is not unusual. I wonder, will I even be alive a year from now?
I hope that the answer is yes. Yet, I am also smart enough to know that it could go the other way. Still I am continuing the fight, and given that this is a slow moving cancer, I feel like I can still last for many more years. And I believe that I can still serve an important role with this site, regarding both journalism and my fight against cancer. It means a lot to me when readers tell me that sharing my battle has helped them in their life. It's another reason for me to keep going. And believe me, I really do want to keep going! Thanks.
I invite all you to write in and tell your fellow readers a little about yourself. What you do for a living, why you are interested in TV news and anything else you'd like to include about yourself. You can email to
Bruin74@aol.com .LETTERS TO OTR
If you want a letter published, please be sure to include your first and last name. Also, it helps me if you can write "LETTERS" in the subject line. Thanks!
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