U.S. Dist. Judge Richard M. Berman (S.D.N.Y., Clinton) ruled Jan. 24 that two telecommunications wiring installation contractors, U.S. Info. Systems Inc. and Odyssey Group Inc., may proceed with their claims that Int'l Bhd. of Elec. Workers Local 3 and six contractors that employ Local 3 workers violated federal and state antitrust laws by conspiring to exclude the plaintiffs from telecommunications installation work in the N.Y.C. area. Berman denied the defendant's motion for summary judgment on the USISI and OGI's claims brought under the Sherman Antitrust Act and state antitrust law, finding that the plaintiffs, adequately pled violations of the acts.
The government board that runs Passaic County's (N.J.) welfare agency has taken the unusual step of filing an unfair labor practice charge against Communications Workers of America Local 1081, demanding that its leaders apologize for injecting race into their rhetoric and stop interfering with "management rights. " The Board of Social Services has complained that Local 1081 bosses have tried to intimidate the board by raising discrimination issues while opposing a controversial promotion.
As reported in the last UCU issue, U.S. Dist. Judge Henry H. Kennedy, Jr. (D.D.C., Clinton) struck down President Bush's Executive Order 13201 Jan. requiring fed. contractors to post notices informing employees of their rights not to join a union or to pay fees for nonrepresentational purpose, under the Supreme Court's 1988 decision, CWA v. Beck. The Nat'l Legal & Pol'y Ctr. was written President Bush requesting that he and his Administration appeal Kennedy's adverse ruling.
Bobby R. Putnam, ex-secretary-treasurer of Communications Workers of Am. Local 14708 (a.k.a., Denver Mailers Union No. 8) in Denver, was charged Oct. 31 in a 40-count indictment with embezzling $7,808.26 and falsifying union records. The case has been assigned to U.S. Dist. Chief Judge Lewis T. Babcock (D. Colo., Reagan).
U.S. Dist. Judge David M. Lawson (E.D. Mich., Clinton) sentenced union embezzler Tamara Miller Oct. 22 to 18 months in federal prison and ordered her to pay $152,724 in restitution. The ex-treasurer stole the funds from United Ass'n of Plumbers & Pipe Fitters Local 85 in Saginaw, Mich. Miller pled guilty on June 29. Lawson also ordered Miller to serve 36 months of supervised release after prison plus pay a $100 fee.
The Communications Workers of Am. and Verizon Communications face a federal prosecution for allegedly illegally seizing some $150,000 in forced union dues from employees following a 2000 strike. Agreeing with arguments presented by Nat'l Right to Work Legal Def. Found. attorneys, the Nat'l Labor Relations Bd. issued the federal complaint after employees Kenneth Olszewski and Nancy Simms of Md. filed unfair labor practice charges on behalf of thousands of employees in 2000.
They filed the charges after Verizon helped CWA bosses collect dues for a one month period (Sept. 2000) following the strike in which no collective bargaining contract was in place. When no such forced-fee agreement is in effect, bosses can't compel the payment of any dues from employees who exercise their right not to join a union.
On May 10, the Workforce Protections Subcommittee of the House Educ. & the Workforce Committee held a hearing on workers' rights not to become union members and not to pay dues for unions' nonrepresentational activities and to investigate how union bosses abuse such rights under the 1988 U.S. Supreme Court decision Communications Workers of Am. v. Beck. Beck held that employees covered by a union security clause in a collective bargaining agreement who choose not to become union members and object to having their dues spent on political and other nonrepresentational activities only can be charged agency fees for union activities related to collective bargaining, contract administration, and grievance adjustment.
"Based on the evidence I have seen, I am convinced that some union locals do, in fact, regularly trample on the rights of individuals in far excess of the scope of their permissible authority," Subcommittee Chairman Charles Norwood (R-Ga.) said. "Too many workers seem to get the run-around when they try to exercise their rights."
U.S. Court of Appeals for the Ninth Circuit held May 17 that unions may not include organizing costs in determining the agency fees nonmembers must pay under a union-security clause in a collective bargaining contract. Reversing a 1999 decision by the Nat'l Labor Relations Bd., the court found that the U.S. Supreme Court has already ruled in a case under the Railway Labor Act (Ellis v. Bhd. of Ry., Airline, & S.S. Clerks, 466 U.S. 435 (1984)) that a union cannot charge nonmembers for the union's organizing activity outside of the bargaining unit. The case arose from objections filed with United Food & Commercial Workers Locals 7, 951, & 1036 by nonmember agency-fee payers in bargaining units in Cal., Col., & Mich. covered by bargaining agreements containing a union-security clause.
The Communications Workers of America's offer of a free trip to Chicago so employees of Comcast Cablevision could attend a union meeting on cable industry issues unduly influenced the outcome of a representation election among the 50 eligible workers, the Sixth Circuit Court of Appeals court ruled Nov. 14, reversing the Nat’l Labor Relations Bd. Refusing to enforce an NLRB order certifying CWA Local 4100 as the bargaining agent of Comcast's employees in Taylor, Mich., the court held that CWA's offer of $50 worth of transportation and one night's lodging so employees could attend a two-hour union meeting on cable industry issues unduly influenced the 31-17 vote in favor of union representation.
“Providing transportation and one night's lodging so that the employees could have a free weekend in Chicago in conjunction with the two-hour union meeting was sufficiently valuable to influence the vote without relation to the merits of the election," wrote Judge Ronald Lee Gilman.
An attempt by two striking unionists to reportedly sabotage Verizon Communications backfired when one mistakenly cut into a power line he thought was a phone line in Baldwin, N.Y. As 13,200 volts of electricity surged through Joseph Hertzel's body Aug. 17 and threw him to the ground, his shirt caught fire and one of the blades on his tree-pruning sheers melted. His girlfriend, Joanne Pender, was also injured by the explosion.
"They picked the wrong cable," said Nassau Detective Robert Winter. "They cut the main feeder for ... electricity for that area."
The two members of Communications Workers of Am. Local 1108 were charged with felony tampering and criminal mischief and were arraigned on Aug.18 in the hospital. Hertzel was ordered held on $1,500 bail and Pender on $750.
Nassau police said 20 similar acts of sabotage were been reported during the Verizon strike. For example, another striking unionist was arrested Aug. 17 for allegedly trying to run a Bell Atlantic van off the Long Island Expressway while driving his 2000 Lexus. [Newsday 8/18-19/00]