No-compete clause faces a challenge

For years some of the city's top TV talents have vanished into a local version of the Bermuda Triangle, not to be seen or heard from for months. When they re-emerge, it's always with a new employer. That practice could end soon if a bill working its way through both houses of the Missouri Legislature becomes law. The bill (S.B. 569), introduced by Sen. William L. Clay Jr. of St. Louis, would strike down the non-compete clause under which employees can't make appearances on any other station in town for a period of time after their contract expires, usually six months. The non-compete is standard language in most on-air personalities' contracts in Kansas City. In recent years it cooled the heels of such notables as WDAF meteorologist Mike Thompson, KCTV anchor-reporter Dave Helling and KSHB reporter Michele Rooney after they switched stations. But the union that represents many TV workers has begun a national campaign to get non-competes overturned. Missouri is the third state where legislation has been introduced on behalf of the American Federation of Television and Radio Artists, or AFTRA. "On-air personalities work hard to get to the positions they're in," Clay said. "Why shouldn't they be allowed to go into free market and shop their expertise? It's just so unfair. "I use the analogy of the reserve clause that they used to have in baseball. You couldn't leave the team. You were with the team for life unless the team decided to trade you. And that's the exact thing here." Similar efforts in Maine and Massachusetts succeeded in ending the non-competes, but backers of the Missouri bill say it is in for a tougher battle here. The Missouri Broadcasters Association opposed the bill in hearings last week in Jefferson City. It too is playing the fairness card. "It's unfairly discriminating in that it singles out broadcasters and says this one business should be denied the right to enter into a contract that is readily and freely available to other industries," said the group's executive vice president, Donald Hicks. Hicks said that the non-compete is commonly used by banks, computer firms - even beauty shops. (Clay's response: "Nobody from banks or beauty shops approached me.") In addition, Hicks said, stations like KCTV, Channel 5, that are based outside the state of Missouri would have an unfair advantage because they would still be allowed to use non-competes. Who was on first "I enjoyed your story on Channel 4," writes Tom Leathers in reference to last week's column. "But the first weather girl was Diane Brewster, not Essie Campbell. "I was a reporter on the Times in 1950 when Harry Kauffman, manager of WDAF (the studios were on the floor above the city desk), approached me one night. 'Tom, I need someone to be a weather girl on the new TV station,' he said. 'Do you know any pretty girls?' "I was dating a girl who worked upstairs - for Mr. Kauffman. (He had sight problems.) Her name was Diane Brewster. She was pretty. In fact, she'd been homecoming queen at KU. " 'Diane, the girl who works for you, would be good,' I told him. Mr. Kauffman did talk to her and asked her to do it. Diane agreed and became the weather girl. After a few years of doing well here, she headed for greener fields in Hollywood. And found them for years - she was the girl opposite James Garner in 'Maverick' on CBS." Besides her one-season stint on "Maverick," Brewster appeared on other TV shows, including the "Ina Ray Hutton Show" on NBC in 1956, a forward-looking program in which everyone who appeared on camera was female. Brewster died in 1991. To reach Aaron Barnhart, phone (816) 234-4790 or visit the TV Barn Web site at www.tvbarn.com @ART CAPTION:Brewster with Garner in their 'Maverick' days @ART:Photo