Going to the Board Often Carries More Risk than Relief

Many of the examples Professor Lafer (above) cited in his research of the NLRB's abandonment of workers' rights have repeated themselves in many cases CWA has taken to the Board in recent years. These Board decisions summarized below are taken from a report compiled by CWA's legal department.

T-Mobile. During an organizing campaign in 2006, security guards at the Allentown, PA, facility were directed to tell workers not to take literature from union organizers when leaving or going to work. If an employee didn't follow their advice, the guards wrote down the license plate number of the worker's car. The union videotaped the activity in evidence in support of its unfair labor practice. The Board said the company violated the law by interfering with workers' right to communicate with union organizers, but dismissed the charge because it appeared to be a single violation, not a "practice."

Renal Care of Buffalo. The union filed multiple unfair labor practice charges during bitterly contested contract negotiations in 2004. Following a hearing and Administra-tive Law Judge ruling in favor of the union, the Board overruled the ALJ. With negotiations still going on, the Board permitted the employer to unilaterally withdraw recognition for the workers' union.

Time Warner. In 2004, the company, located in New York, took over as a successor to Comcast where a strong bargaining unit of workers were in the midst of negotiating a new contract. Shortly after the takeover, a decertification petition was filed. The Board allowed the decert election to go forward without providing reasonable time to bargain. The workers lost the election.

Detroit Free Press. The Board issued a complaint on unfair practice charges filed by striking printers. The union also asked the board for injunctive relief against the newspaper. By the time the Regional Director had completed the necessary paperwork for the NLRB in Washington, DC to file for an injunction, the Court denied the request because too much time had passed. Luckily, the workers were eventually able to negotiate a new contract and return workers to their jobs.

Adelphia. During an organizing campaign in California the company threatened workers with the loss of their 401(k) if a union was voted in. The Board refused to issue a complaint because it believed that there was no clear distinction whether management's statement was meant as a "threat" or a "prediction."

RCN. In 2004, CWA petitioned to represent cable TV technicians in New York City. The bargaining unit had been determined to be appropriate in previous Board proceedings. Yet, after then employer said the unit should include technicians from a larger geographical area, the Board reversed its earlier finding. This effectively killed the workers' effort to organize.

KLUZ TV (Entravision). Workers voted to organize in 2001 after the Regional Board rejected the employer's challenge to their petition. The station, a subsidiary of Univision located in Albuquerque, then challenged the election. They were overruled by Regional Director, but the company appealed to full Board and fired 9 union activists. After having the case nearly two years, the NLRB ruled in the workers' favor. But due to the length of the time it took to deal with these issues at the Board, most of the inside committee were no longer at the company. The workers never got a contract.