• print
  • decrease text sizeincrease text size
    text

T-Mobile Guilty of Violating Labor Law Workers’ Rights, NLRB Judge Rules

Share this post

Image: Mike HallA judge at the National Labor Relations Board (NLRB) yesterday found T-Mobile U.S. guilty of engaging in nationwide labor law violations against workers. The unprecedented ruling comes after a rare move last year by the NLRB consolidating multiple complaints against T-Mobile U.S. for illegal actions and policies in Albuquerque, N.M.; Wichita, Kan.; Charleston, S.C., and New York City.

At issue were illegal corporate nationwide policies that block workers from organizing or even talking to each other about problems at work. Workers throughout the T-Mobile U.S. system were subjected to and effectively silenced by these illegal policies; the judge’s order to rescind them covers 40,000 workers.

Communications Workers of America (CWA) President Larry Cohen said:

“This decision exposes the deliberate campaign by T-Mobile U.S. management to break the law systematically and on a nationwide scale, blocking workers from exercising their right to organize and bargain collectively. This behavior can only be changed by a nationwide remedy to restore workers’ rights. Deutsche Telekom, the principal owner of T-Mobile U.S., has claimed that its U.S. subsidiary follows the law. Now we have the official word: T-Mobile U.S. is a lawbreaker. Bonn, the headquarters of DT, no longer can hide behind the false statements made by T-Mobile U.S. executives. These behaviors would be almost unimaginable in Germany or any other democracy in the world.”

The decision by NLRB Judge Christine Dibble focused on T-Mobile U.S.’s illegal employment policies and restrictions that prohibited workers from discussing wages with each other or criticizing working conditions or seeking out assistance to blow the whistle on unlawful behavior.

The decision finds that the corporate policies “would chill employees in the exercise of their…rights” or would be construed “as restricting [an employee’s] rights to engage in protected concerted activities, including unionizing efforts.”

Judge Dibble found that T-Mobile U.S.’s Wage and Hour Complaint Procedure, for example, “tends to inhibit employees from banding together.” She writes that the corporate procedure’s requirement that an employee notify management of a wage issue first, “in combination with the threat of discipline for failing to adhere to the rule, would ‘reasonably tend to inhibit employees from bringing wage-related complaints to, and seeking redress from, entities other than the Respondent, and restrains the employees’…rights to engage in concerted activities for collective bargaining or other mutual aid or protection.”

Carolina Figueroa, a T-Mobile U.S. call center worker from Albuquerque, said:

“We are happy and relieved. We are finally being heard. My co-workers and I at T-Mobile U.S. will have the right to speak out against unfair treatment and should not be muzzled or retaliated against—and with today’s decision, the company has to declare this to all of its employees nationwide.”

This blog originally appeared in aflcio.org on March 19, 2015. Reprinted with permission.

About the Author: Mike Hall is a former West Virginia newspaper reporter, staff writer for the United Mine Workers Journaland managing editor of the Seafarers Log.  He came to the AFL- CIO in 1989 and has written for several federation publications, focusing on legislation and politics, especially grassroots mobilization and workplace safety.


Share this post

Viewpoint from Honduras: CAFTA, Forced Immigration, Deportation Connections

Share this post

Larry CohenAt the deportation center in San Pedro Sula, planes land with more than 100 Hondurans a day, returned from our border prisons to their native land. They are mostly young men, with shackled hands and legs, who have harrowing tales of days in what they call the “ice box,” the U.S. detention centers on our borders that are so crowded they must stand up for hours, taking turns lying down to sleep. These were heartbreaking conversations, nearly hopeless tales through tears, of failed attempts to unify with families or find work.

At the same center, beautiful posters highlight jobs for English speakers in call centers to handle call center work for U.S. customers. Call center companies tout minimum wage call center jobs for deportees so they can pursue “the American dream” without leaving San Pedro Sula. One particular poster touted a call center company that received a big boost from T-Mobile two years ago after it laid off 3,000 in the U.S. and moved work to Honduras, the Philippines, and other locations. T-Mobile then denied that it had moved the services outside the U.S. and tried to prevent the fired employees from collecting trade adjustment assistance. Consistently, working families pay the cost of increased profits on every side of our disastrous trade policies.

We spoke to community, union, women’s and children’s groups, the Honduran government, and our embassy. Amazingly, all confirm a unified story—an economy in collapse, widespread violations of minimum wage and all social protection laws, small farmers forced from their land, subsistence farming replaced by African palm, and the jobs created in maquila zones dwarfed by the numbers forced to leave ancestral lands and travel to cities already jammed.

The subsistence farmers, or campesinos, describe how they are pushed from land where they grew beans or corn. Now it is corporate farms growing African palm for sale to the U.S. and other multinationals, while Honduras imports beans from the U.S. or even Ethiopia, and the campesinos line up for work at factories far from their homes. There are not enough jobs and 70 percent pay under the poverty level minimum wage while labor inspectors say they are outnumbered by the violations.

The unions confirmed constant violations of organizing rights in direct violation of CAFTA. These included everything from the murder of leaders to the collapse of bargaining rights where they once existed. But our AFL-CIO complaint has sat at the Labor Department for more than two years, just as the complaint of widespread abuse in Guatemala was held for six years before the U.S. Trade Representative finally raised it with the government there. Eighty-three human rights lawyers and 43 journalists have been murdered in recent years trying to enforce or report on the constant violations of everything decent.

So as we return, what can we do besides shout loudly, motivated by the pain of the Hondurans we met? First we need to look at the economic frame that has produced this 19th-century capitalism largely unregulated. Second, we need to look atour own immigration policy, concentrating enormous resources on deportation and nothing on resettlement. Third, we need to look at the trade deals, in this case, CAFTA, that accelerated the free market devastation. NAFTA, CAFTA, trade preferences for China, millions of lost jobs in the U.S., our wages depressed by global comparisons, and more than $10 trillion in total trade deficits have destroyed our industrial cities and created huge budget deficits nationally and in those same cities with cuts to social services.

We await the president’s action on immigration, not only on the potential easing of deportation for certain categories of immigrants, but also on a change in processing immigrants for deportation. We expect him to act boldly after deferring for months after waiting and waiting for House Republicans to act.

But just as importantly, we need to build the widest possible coalition against the Trans-Pacific Partnership (TPP). Farming communities in Mexico and Central America already devastated by subsidized U.S. corporate farm imports will now see maquila factories close in droves as U.S. and other multinationals head for Vietnam,  which has 90 million people and a 27-cents-an-hour minimum wage. That minimum wage is about one-third of the minimum in Honduras. How long will Hanes, Fruit of the Loom, and other employers remain in Central America when competitors head to Vietnam with labor costs far lower and a government there that will agree to protect the profits from those lower wages?

Our president promised a different trade regime when he ran for election in 2008. The misery of 20 years of trade deals in the U.S. and the Americas needs to confront his Trade Ambassador. Multinationals and especially the financial sector have benefited tremendously. The rest of us, whether global north or south, are left only with some combination of hope and anger as motivation to fight for real change.

Let’s end Investor State Dispute Settlement (ISDS) which allows multinationals to sue for lost future profits. This means that if Honduras passes new legislation to safeguard the environment from African palm or a higher minimum wage, multinationals that lose profits can sue the government for billions of dollars. Let’s kill TPP or any trade deal that benefits governments like Vietnam where human rights are an illusion. Let’s link together the campaigns for immigrant rights, environmental justice, and workers’ rights like never before. I met amazing freedom fighters in Honduras from labor and elected officials to women and community members who have not given up. We haven’t given up either. The voices from Honduras and our own communities will strengthen our determination to stand for justice.

This blog originally appeared in Huffington Post reposted on AFL-CIO Blog site. http://www.aflcio.org/Blog/Global-Action/Viewpoint-from-Honduras-CAFTA-Forced-Immigration-Deportation-Connections. October 27, 2014.

About the Author: Communications Workers of America (CWA) President Larry Cohen was in Honduras Oct. 12-15 for meetings with Honduran workers and union leaders, community and women’s activists, elected officials, and others to focus awareness on the immigration crisis affecting Central American families and the connection with CAFTA and similar bad trade deals. He was joined by Rep. George Miller (D-Calif.), the leading Democratic member of the House Education and the Workforce Committee, AFL-CIO Executive Vice President Tefere Gebre, and other U.S. union leaders.

 


Share this post

Global Labor Ramps Up Campaign to End T-Mobile’s Anti-Union Tactics

Share this post

Image: Mike HallDeutsche Telekom, the parent company of T-Mobile USA, boasts in its annual report on corporate responsibility that it is committed to the global labor standards established by the International Labor Organization (ILO), a branch of the United Nations.  Except, it appears, when it comes to T-Mobile workers in the United States.

International Trade Union Confederation (ITUC) President Sharan Burrow says Deutsche Telekom—of which the German government is the dominant shareholder—is

actively and deliberately violating these very rights in its overseas operations.

T-Mobile workers throughout the U.S. are fighting to join a union—the Communications Workers of America (CWA)— but the company has hired union-busting attorneys and is conducting a classic anti-union campaign with mandatory captive audience meetings, delaying tactics and other intimidation measures, says UNI Global Union General Secretary Philip Jennings. UNI represents workers in telecoms unions around the world.

If these workers were in Germany, they would have become members of the union automatically but T-Mobile USA management has launched a brutal intimidation campaign to keep the union out of the workplace and to scare the workers out of fighting for their rights.

UNI, the ITUC and other global labor groups are mobilizing their support for T-Mobile workers by urging Deutsche Telekom to rein-in T-Mobile’s anti-worker tactics and pressing the German government to exert its influence.

In a video released last week (see above), Jennings makes a direct appeal to German Chancellor Angela Merkel. He notes that just recently, Merkel was the main speaker at the 100th Convention of ILO where she spoke out strongly for workers’ rights, collective bargaining and the right to organize. Says Jennings:

I’m simply addressing this appeal to you to recognize the rights of these ordinary Americans to have a union.

According to Burrow:

Deutsche Telekom has chosen to support outright violation of international freedom of association standards by its US subsidiary.  We expect better from such a significant global player.

If the proposed merger between AT&T and T-Mobile is approved, the T-Mobile’s 20,000 workers will have the right to join a union without intimidation because of a neutrality agreement between with AT&T and CWA.

This article originally appeared on the AFL-CIO blog on July 7, 2011. Reprinted with permission.

About the Author: Mike Hall is a former West Virginia newspaper reporter, staff writer for the United Mine Workers Journal and managing editor of the Seafarers Log. He came to the AFL- CIO in 1989 and has written for several federation publications, focusing on legislation and politics, especially grassroots mobilization and workplace safety. When his collar was still blue, he carried union cards from the Oil, Chemical and Atomic Workers, American Flint Glass Workers and Teamsters for jobs in a chemical plant, a mining equipment manufacturing plant and a warehouse. He has also worked as roadie for a small-time country-rock band, sold his blood plasma and played an occasional game of poker to help pay the rent.


Share this post

G-20 Labor Leaders Meet at AFL-CIO for Labor Summit

Share this post

When the world’s banks were going under, governments jumped to their aid. Now with record numbers of people out of work, it’s past time for governments to put working people first, or the fledgling economic recovery could fall apart. Leaders from the G-20 nations issued this warning while in Washington, D.C., this week for the first-ever meeting of G-20 labor ministers and employment ministers with labor and business leaders April 20-21.

The meeting stems from the efforts by AFL-CIO President Richard Trumka and others at the G-20 summit in Pittsburgh last September to make jobs the central element in any global economic recovery. The G-20 includes the leaders of the world’s top 19 economies and the European Union.

During their meetings at the AFL-CIO before the labor ministers’ summit, the union leaders again strongly urged their governments to support the International Labor Organization’s (ILO) Global Jobs Pact, which includes comprehensive measures to stimulate employment growth and provide basic protections for workers and their families.

Sharan Burrow, president of the International Trade Union Confederation (ITUC), told the ministers:

Governments must show the same political will to attack global unemployment and underemployment as they did to tackle the banking crisis in late 2008. We cannot afford a lost decade of stagnant labor markets.

Trumka made it clear that if the jobs of the future are to be good, family supporting jobs, workers in all nations must have the fundamental right to form unions and bargain collectively:

In the U.S, tens of thousands of workers are fired every year for attempting to form unions. For example, there can be no excuse for T-Mobile, the U.S. telecommunications company, to viciously oppose unions in the U.S. while its corporate parent, Deutsche Telekom supports bargaining rights and unions throughout Europe. Unless workers’ rights are enforced in all countries, there will be a “race to the bottom” in wages and working conditions, a race that will undermine decent work everywhere.

For more information on the ongoing campaign to bring justice to T-Mobile, click here and here.

The union leaders also insisted that governments not reduce stimulus efforts until employment rates return to pre-crisis levels on a sustainable basis, and called for an equitable sharing of the cost of the recovery costs through more progressive tax systems, including the adoption of a financial transactions tax, actions the AFL-CIO strongly backs.

ITUC General Secretary Guy Ryder said:

We must halt the continuing rise in unemployment and create new jobs.  Furthermore, there needs to be an ongoing role for labor ministers within the G-20 in order to address the employment impact of the crisis with effective measures to help all workers, including the most vulnerable.

John Evans, general secretary of the Trade Union Advisory Committee (TUAC) to the Organization for Economic Cooperation and Development (OECD), added:

Increasing economic inequality over two decades helped cause this crisis. Fairer income distribution and restoring real purchasing power to working people is essential for sustainable economic growth in the future.

Check out the detailed proposals presented by the union delegation here. Read the ITUC/TUAC evaluation of the meeting’s outcomes here.

*This post originally appeared in AFL-CIO blog on April 22, 2010. Reprinted with permission.

About the Author: James Parks had his first encounter with unions at Gannett’s newspaper in Cincinnati when his colleagues in the newsroom tried to organize a unit of The Newspaper Guild. He saw firsthand how companies pull out all the stops to prevent workers from forming a union. He is a journalist by trade, and worked for newspapers in five different states before joining the AFL-CIO staff in 1990. He has also been a seminary student, drug counselor, community organizer, event planner, adjunct college professor and county bureaucrat. His proudest career moment, though, was when he served, along with other union members and staff, as an official observer for South Africa’s first multiracial elections. Author photo by Joe Kekeris


Share this post

Subscribe For Updates

Sign Up:

* indicates required

Recent Posts

Forbes Best of the Web, Summer 2004
A Forbes "Best of the Web" Blog

Archives

  • Tracking image for JustAnswer widget
  • Find an Employment Lawyer

  • Support Workplace Fairness

 
 

Find an Employment Attorney

The Workplace Fairness Attorney Directory features lawyers from across the United States who primarily represent workers in employment cases. Please note that Workplace Fairness does not operate a lawyer referral service and does not provide legal advice, and that Workplace Fairness is not responsible for any advice that you receive from anyone, attorney or non-attorney, you may contact from this site.