Labor disconnect: CWA files unfair labor practice charges against AT&T

Possibly foreshadowing one of the first major labor relations rifts in several years in the telecom industry, the Communications Workers of America filed an unfair labor practice charge against AT&T with the National Labor Relations Board, claiming that the company refused to bargain under the terms of a collective bargaining contract signed more than two years ago.

According to a CWA spokesman, the neutrality and consent election provision of the agreement specifies that both parties meet with an arbitrator two years after the agreement is inked to determine if the pact is being followed. However, CWA claims that AT&T has refused to even set a hearing date, prompting the filing.

The filing comes as CWA tries to unionize employees of AT&T Broadband (formerly Tele-Communications Inc.), AT&T Wireless and AT&T Local Services. AT&T's labor pact includes guidelines for organizing workers from such non-union acquisitions and subsidiaries. It also stipulates that workers may make a choice about unionizing free of coercion.

"This is the first step [under the provision] to resolve any concerns we have with the company," said Candice Johnson, CWA's associate director of communications.

In May, CWA requested a review of the agreement, which both parties signed in May 1998, according to the spokesman.

"At the heart of the complaint is AT&T's refusal to set a hearing date. We called for the review, and AT&T has even refused to set a date, which is at the heart of the unfair practice charge," Johnson said.

The interexchange carrier did not set a hearing to follow the traditional steps of local arbitration, an AT&T spokesman said. Setting a hearing nationally before going through local arbitration would be tantamount to agreeing that the local arbitration process did not work, he added.

"To file arbitration at the national level seems both unwarranted and a slap in the face to the local arbitration process. I find their logic strained and baffling," the AT&T spokesman said.

CWA does not have any other motivations for filing with the NLRB, apart from the fact that the contracts in question affect AT&T's national operations, Johnson said.

"The agreement is not limited locally. We have gone to arbitration over local issues [in the past], but this is not that same type of issue," Johnson said.

CWA followed the provisions of the agreement and filed at this time because it hoped AT&T would contact the arbitrator and because it wanted to give the carrier the opportunity to respond.

"By filing the unfair practice complaint, we had hoped to get the ball rolling. Unfortunately, AT&T is making things difficult," Johnson said.

"I don't understand how you go from decades of local arbitration to arguing nationally," the AT&T spokesman said. "Until you have gone through the neighborhood-to-neighborhood process, let's pursue the local avenues before jumping to the Supreme Court."

If the arbitrator finds that the company has not adhered to its agreement, he could determine that AT&T workers will be recognized on the basis of a card check rather than by holding elections, said Jeff Miller, CWA's director of communications.

CWA has agreed to several hearing dates proposed by the arbitrator, Miller said. However, the issue probably will not be addressed until mid-July, the AT&T spokesman said.