Hey Whitey! Where's your hat?
Posted on 09/19/2007 8:16:21 AM PDT by raccoonradio
Decision day...as I pointed out in another thread, a decision may be issued today as to whether or not Howie can jump to WTKK-FM tomorrow--or at all.
Today is the last day for Howie at WRKO under his contract but it's possible he may stay if a judge issues a restraining order to Entercom. I'm not even sure if Howie will be on today...busy at the courthouse? Or benched by Entercom? It's even possible someone else may start the show and Howie would show up later.
We should get word later. If Howie is able to jump, then very late tonight (about 4 am) I will issue the first WTKK Howie Carr Show live ping (with his show to start at 5:30 am). But note that due to legal issues he may not start there for awhile, or at all. Down to the last minute...
The ping for the show itself—not sure yet if Howie will
be on. We hope to hear later today of the judge’s decision.
Am guessing the Herald would have it as “breaking news”
or I could get the news via other sources.
I want Winkie the Elephant in the Death Pool.
“You lousy, stinkin’, rotten bastard”.... fabulous!
That’s one of my fave sound clips. Of course after yesterday another is: “Ow! Ow! Ow! Ow! Don’t tase me, bro!”
Winkie will have outlived his usefulness by then. Besides, Howie can sell the Ivory.
I wonder what Howie's WVMT affiliate is going to do?
No idea what WVMT will do but remember they replaced him
with Jerry Doyle for awhile...
Speaking of websites, if you go to WTKK (still the old
site is up) Michael Graham is now listed as “10 am to
noon”...as in, as of tomorrow (one would think) —but
I thought Howie was supposed to be 5:30 to 9? What’s on
9-10?
UPDATE ON HOWIE’S SITUATION
Ruling leaves Howie Carr in limbo
By Jessica Heslam/ Boston Herald
Wednesday, September 19, 2007
A Suffolk Superior Court judge ruled today that WRKO radio was entitled to exercise the “right to match” provision in Howie Carr’s contract, which allows the station to meet a competitor’s offer and leaves the popular talk show host in limbo.
It’s unclear whether Carr will take over the morning drive show on Greater Media’s WTKK (96.9 FM) tomorrow.
Said WRKO (680 AM) spokesman George Regan: “We hope Howie will continue his show on WRKO radio.”
The “right to match” clause in Carr’s contract with WRKO, which is owned by Entercom Communications, gives the station the right to meet a competing salary offer within 180 days from any radio or TV station within WRKO’s coverage area.
The judge said Carr could have quietly met with Greater Media to discuss or negotiate his future while his WRKO agreement “was still operative.”
“What Carr could not do is what he did here: receive and accept an offer from Greater Boston Radio Inc. before his Artist’s Agreement had terminated,” the judge wrote.
Shepard Davidson, an attorney for WRKO, declined comment today. Carr attorney Bret Cohen could not be reached.
Carr’s attorneys argued that the right to match and non-compete provisions were illegal and unenforceable under state law and pointed to a statute that prohibits the enforceability of post-employment restrictions against people who work in the broadcast industry.
But the statute says a broadcast employee can go to work for a competitor after they have been terminated by their employer, terminated by mutual agreement or their contract expired. Carr’s contract with WRKO expired today and he made a deal to jump to WTKK in July.
“The Artist’s Agreement still has not been terminated by Entercom, or by mutual agreement of Entercom and Carr, or by the expiration of the Agreement itself,” Judge Allan van Gestel wrote in today’s 18-page ruling.
The judge wrote that Entercom Communications was allowed to exercise its right to match WTKK’s offer while Carr’s agreement with WRKO was still “fully operative” for two more months.
“That exercise continued the Artist’s Agreement in effect well beyond September 19,” the judge wrote. “And it is not a ‘post-employment’ restriction.”
“For Carr to receive protection,” under the state statute, the judge wrote, “in the circumstances presented here would require this Court to ignore the fact that his Artist’s Agreement has not terminated.”
However, the judge said the non-compete clause in Carr’s agreement is unenforceable under state law after Carr’s contract with WRKO ends.
The judge said he wasn’t ruling on whether Carr is compelled to stay working at WRKO.
Carr and WRKO have been embroiled in a legal battle since July when WTKK offered him a five-year contract worth about $7 million to host the slot left vacant by fired shock jock Don Imus. WRKO matched the rival station’s offer the following day.
The two sides argued their cases yesterday before Judge van Gestel, who presides over the court’s Business Litigation Session.
Carr filed a lawsuit against WRKO in July claiming his contract with the station contained illegal provisions that prohibit him from working at competing stations. The suit also claimed the station failed to extend his contract several times.
WRKO then filed a countersuit to block him from jumping ship, claiming Carr and his agent, Cary Pahigian, conspired to break his contract by negotiating with WTKK. Carr was set to debut tomorrow morning on WTKK.
Turn to The Messenger blog (in the Herald) for updates.
from SaveWRKO.com:
BY BRIAN MALONEY
As I had expected, Howie’s legal case didn’t go quite as well as his entourage hoped. That means I won’t have to be tasered after all, thank goodness.
Here’s Jessica Heslam’s courtroom coverage (see above)
In the story, Heslam says the ruling leaves Howie’s show in limbo, but I think it’s reasonably clear we won’t be hearing him debut on WTKK tomorrow.
Keep this in mind: while Entercom may not be terribly bright when it comes to programming radio stations, the firm’s legal department is another story. They will present a stronger defense than most observers anticipated and have already begun to do so.
UPDATE- the Globies reach pretty much the same conclusion as the Herald:
“The judge wrote today that in the final judgment, which is yet to come, the part of the contract which included a non-compete clause is not enforceable under state law, but another clause that gave WRKO the right to match any new offer was enforceable.
“Carr’s contract would have expired today, but Entercom Communications Corp. of Pennsylvania, which owns WRKO, alleges that it matched the offer from a rival station and therefore Carr is bound to his contract until Sept. 30, 2012.
“’The court is aware that Carr claims that he cannot be forced to work for WRKO,’ Superior Court Judge Allan van Gestel wrote in his decision. ‘While Carr’s position may have merit, it is not presently before this Court on the three motions in play. In short, it remains for another day, on another record.’
“Carr’s spokeswoman and attorney did not immediately comment. George Regan, a spokesman for Entercom and WRKO, said today, ‘We hope Howie comes back to work soon.’”
Posted by Brian Maloney at 02:02 PM |
from the Globe
http://www.boston.com/business/ticker/2007/09/judge_howie_car.html
Wednesday, September 19, 2007
Ruling issued in Howie Carr case
Where’s Howie Carr headed?
A Suffolk Superior Court judge issued a memo today on several motions in the increasingly-convoluted legal case between Howie Carr and his employer WRKO, which could mean that Carr can’t jump to rival station WTKK as planned.
The afternoon talk radio host on WRKO-AM announced in July that he would jump to the morning drive-time slot on rival radio station WTKK, and promptly sued WRKO alleging that the provisions in his contract that bound him to stay at WRKO were unenforceable.
The judge wrote today that in the final judgment, which is yet to come, the part of the contract which included a non-compete clause is not enforceable under state law, but another clause that gave WRKO the right to match any new offer was enforceable.
Carr’s contract would have expired today, but Entercom Communications Corp. of Pennsylvania, which owns WRKO, alleges that it matched the offer from a rival station and therefore Carr is bound to his contract until Sept. 30, 2012.
“The court is aware that Carr claims that he cannot be forced to work for WRKO,” Superior Court Judge Allan van Gestel wrote in his decision. “While Carr’s position may have merit, it is not presently before this Court on the three motions in play. In short, it remains for another day, on another record.”
Carr’s spokeswoman and attorney did not immediately comment. George Regan, a spokesman for Entercom and WRKO, said today, “We hope Howie comes back to work soon.”
WTKK is owned by Braintree-based Greater Media Inc.
(By Carolyn Y. Johnson and Chris Reidy, Globe staff)
Sounds like the judge doesn’t want to make any decisions and let the two parties work it out on their own
Who knows what’ll happen. Will he still attempt to go
to WTKK? This is confusing...and keep in mind the
‘final’ judgement hasn’t been issued yet and Howie’s
lawyers may tell him to stay put (either still on
‘RKO or “benched”) while this is being settled.
Someone on radio-info suggested Howie ought to go on
WTKK tomorrow morning—as Graham’s guest. “Hey, I’m
promoting my book or column”—and that that would really
p-— off Entercom!
well I’m taping Howie’s show today (partly for a friend) even though it may NOT be his last ‘RKO show after all. We still don’t know.
FEINBURG IS ON...Benched...?
I may not wind up taping it after all. No Howie, why
bother?
I have to admit that the most up to date is usually C2CAM, but that's from admittedly limited exposure to any reasonable sample.
It’s TODD.....
Hummm
I can handle Todd, he’s usually pretty good
Where’s Howie?
Not even a blurb like, “He’s on vacation”
For all those listeners that don’t read the papers.
true...though sometimes they might be slightly accurate
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