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AT&T employee files charges alleging illegal collusion with CWA Union

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Richard J. Clair | Corporate Counsel and Staff Attorney (1993-Present) | NRTWLD&EF, Inc

Matthew Gonzales, an AT&T Mobility employee in Southern California, has filed federal charges against his employer and the Communications Workers of America (CWA) union. He claims that both parties have collaborated to impose a "company union" on workers without proper employee support, violating federal labor laws. Gonzales is being assisted by attorneys from the National Right to Work Legal Defense Foundation.

The allegations suggest that despite CWA's recent voluntary withdrawal from representing Gonzales' unit after employees pushed for a decertification vote, the union plans to include new hires in its bargaining unit. The charges assert that AT&T is aiding this effort, which contravenes the National Labor Relations Act (NLRA) that prohibits company unions and coerced union participation.

Gonzales argues that AT&T and CWA's actions undermine employee free choice as guaranteed by Section 7 of the NLRA. He also contends that a "Memorandum of Agreement of Voluntary Recognition" between AT&T and CWA effectively creates a monopoly bargaining contract.

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Following their initial removal by employees, CWA announced plans to conduct a survey to expand its control over a separate unit. On October 8, Gonzales attempted to observe a CWA event at an AT&T facility but was asked to leave by an AT&T official citing an agreement with the union.

Gonzales seeks intervention from the National Labor Relations Board (NLRB) for a federal court injunction to halt CWA's membership drive and dues collection without a secret ballot election. He also wants to reinstate efforts for a vote on removing the union.

Mark Mix, President of the National Right to Work Foundation, criticized the situation stating: “Union officials will often use rhetoric portraying employers as ‘bad guys’ that employees can only defeat by submitting to union power, but are more than willing to accept illegal employer assistance if it will help them sweep more workers into dues-paying ranks.” Mix further emphasized defending employees' rights against what he sees as unlawful collaboration between AT&T and CWA.

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