Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: SATURDAY, August 26, 1995                   TAG: 9508280010
SECTION: VIRGINIA                    PAGE: C-3   EDITION: METRO 
SOURCE: SHANNON D. HARRINGTON STAFF WRITER
DATELINE:                                 LENGTH: Medium

STADIUM DELAY AN ISSUE IN EX-EMPLOYEE'S LAWSUIT

But a former Avalanche employee says he should be paid commissions for the 49 games not played there because he sold advertisements and skybox seats for the entire season.

Anthony Marek, who worked for the Avalanche for two seasons, is suing the Salem Professional Baseball Club for $6,300, about $4,000 of which he says is commissions owed to him.

Marek claims that he sold about $78,000 in tickets, skyboxes and advertising for the Avalanche's new stadium from September to December of last year. He left the Avalanche in January to work for the Lynchburg Hillcats as a play-by-play announcer.

Marek received checks for his 10 percent commission in January and February - about $3,800 - but the checks stopped coming when the stadium's opening was delayed.

"I feel I earned the money. It's just the principle of the thing," said Marek, who said the bulk of his compensation was commissions.

Salem Avalanche owner Kelvin Bowles said the team did not pay Marek full commissions because the advertisements were contingent on being in the new stadium, which didn't open until Aug. 7.

"It's still a credit to" the advertisers, Bowles said.

Marek, in fact, had been overpaid, Bowles said, but he would not go into specifics. Bowles said the Avalanche plans to file a countersuit claiming the money the team says Marek owes.

"We had already informed him that we would be suing him for the overpayment," Bowles said.

Marek's case is to be heard in Roanoke General District Court on Sept. 18.

Marek said all of his advertising clients he has contacted have paid in full. He questions why he should not be paid the rest of his commission if the advertisers have paid the baseball club.

Bowles said all advertisers will be refunded a prorated difference for the games played in the old Municipal Field.

Jim Beckner, vice president of NBC Bank in Roanoke, said Thursday that he has paid his account in full for the year but has not been contacted by the Avalanche about any refunds.

Beckner said he purchased box seats and a billboard on the outfield fence.

Elizabeth Bower, administrator of the Roanoke Orthopedic Center who advertised in the old and new stadiums, said she also had not been contacted by the club and her account has been paid in full.