T-Mobile illegally blocked union organizing efforts, NLRB rules

The following is from AFL-CIO Now:

(March 20, 2015) — A judge at the National Labor Relations Board (NLRB) on Wednesday 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.

Read more from CWA here and click here for the decision and case history from the NLRB.