In what appears to be an end of a chapter in a bitter battle fought against Pacifica Radio, Gary Null’s lawsuit against Pacifica has been thrown out of court. The lawsuit followed Mr. Null’s dismissal from WBAI radio in New York in the fall of 2004. According a public statement distributed by e-mail on November 11th by the Interim Executive Director, Dan Siegel, “The court in New York has dismissed Gary Null's case. The judge concluded that Null was required to show that the unpaid staff organization at WBAI had breached its duty to represent him fairly when it failed to take his grievance to arbitration. Because Null failed to file a lawsuit against the Unpaid Staff Organizing Committee within six months of its decision not to take his case to arbitration, his claim against USOC is barred. Because Null did not show that USOC breached its duty to represent him fairly, he cannot sue Pacifica. This means that the case is over, unless Null chooses to appeal.”

Null was removed in October of that year by the WBAI election supervisor for election violations for the duration of the campaign that year. Null was permanently removed however when the campaign ended by Program Director Bernard White. While reasons for Null’s permanent removal haven’t been discussed publicly, Bernard White has noted that the change in line-up of the noon hour health block has been diversified bringing many new viewpoints to the air.

Null's case and lawsuit has been mentioned numerous times during the WBAI local station board elections by candidates endorsed by the Alliance for Community Election (ACE/WBAI). In their recent mailing they wrote: "Null is now suing for wrongful termination and appears to be winning." The letter also said that "Null's firing caused half of WBAI's audience to leave in protest. Loss of their support (about 1/3 of our budget) forced many staff layoffs and service cuts." But in his final years at WBAI, Null's fundraising had dropped dramatically. In the late 1990s Null was a top money raiser at a time when Amy Goodman pitched his premiums for him but after she stopped pitching for him his daily return dropped incrementally dropped until it averaged less than 1/10th of his previous performance. During an LSB meeting in the fall of 2004 Paul Surovel noted that Nulls average was about $2000/day. Null's lowpoint in that drive was $250 dollars for a 2 hour show.

For news about the WBAI election go to  http://www.justiceunity.org

Last day for the ballots to be received is Thursday. Ballots may be delivered on Friday in person, check www.wbai.org for details.