You’re fired! If you want to work, leave town.

Executive Director’s Message

John Haer, Executive Director

That’s the ugly reality broadcast talent face when, as is often the case, their stations decide to replace them.

        Unlike most other labor agreements, union contracts in radio and TV seldom include just cause termination language. Management can end an artist’s employment at any time, whether there’s a good reason or not. Typically, “budget cuts”, “format change”, or “a different direction” are the explanations voiced by the stations. Even with a Personal Services Contract (PSC) - an individual agreement providing pay and perks greater that the union minimum contract rates - artists typically face reconsideration annually.

        In the top-rated AFTRA stations, most artists are signed to PSCs. Almost all PSCs now contain a clause prohibiting the artist from working in any media job in the same market for up to a year after employment at the station ends. This is a non-compete covenant. In theory, it’s a negotiable item. In practice, individual contracts are seldom signed by the stations without this and other restrictive agreements.

        Pittsburgh AFTRA artists terminated from their stations and currently prohibited by non-compete clauses from working in this market include John McIntire (WPXI/PCNC-TV); Gary Dickson (WWSW-FM); Steve Woods (WDSY-FM); and John Welsh (WDSY-FM).

        The stations argue that non-compete requirements are justified because they invest in and promote the talent. They also claim top talent has access to confidential and proprietary business information. If an artist was able to immediately work for an in-market competitor, the station business would suffer.

        This is poppycock. Many stations don’t really promote their talent. Even if they do, to protect their investment, why not continue to employ the artist? And talent is not management. Staff artists are usually the last to know business secrets.

        The fact is the stations want to have their cake and eat it, too. They may not want to employ you, but they don’t want their competitors to employ you either. Even if they want you, they only want you for less. At the end of the term of a PSC, stations often threaten pay cuts knowing that the artist must leave town to work if he or she doesn’t agree.

        AFTRA asserts that non-compete covenants in broadcasting are a grossly unfair limitation on free trade and commerce. We believe non-competes only serve to give station management  leverage to depress the bargaining power of our members.

        That’s why AFTRA and our allies have led legislative movements to outlaw non-compete provisions in states across the country. In the last three years, non-competes in broadcasting have been banned in Illinois, Arizona, and the District of Columbia.  California, Massachusetts, Nebraska, and Maine also prohibit these restrictive covenants.

        We need such a bill in Pennsylvania. And we’re working to get one as soon as possible. Want to lend a hand? Call the office to see how you can help.