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Second AT&T BellSouth worker files charges over alleged illegal union fee practices

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Second AT&T BellSouth worker files charges over alleged illegal union fee practices
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Amanda K. Freeman | Associate Corporate Counsel and Staff Attorney (2020-present) | NRTWLD&EF, Inc

AT&T BellSouth Communications employee Amanda Marc has filed federal charges against the Communications Workers of America (CWA) union and its local affiliates, alleging illegal restrictions on her and her coworkers’ rights to opt out of union dues payments. Marc's charges were filed with the National Labor Relations Board (NLRB) with support from the National Right to Work Legal Defense Foundation.

The NLRB, responsible for enforcing federal labor law, will investigate Marc’s claims that CWA union’s “window period” restrictions limit workers to just ten days per year to request cessation of dues deductions. Marc seeks a ruling that this practice is unlawful under federal labor law.

Marc argues that while federal labor law allows dues deduction authorization documents to be irrevocable for one year after signing, any further restrictions violate the National Labor Relations Act. In Florida, a Right to Work state, CWA unions cannot force workers to pay dues as a condition of employment. However, in non-Right to Work states, employees can be compelled to pay fees or face termination.

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Amanda Marc said: "Despite my requests to end union membership and stop financial support for the union, CWA agents never responded or informed me of the window period dates in which they would consider my requests valid. "

In addition to challenging window periods, Marc highlights other alleged legal violations by requiring dues revocation requests via certified mail only and failing to inform employees about their right to opt out on their anniversary date of signing the checkoff.

This filing follows similar charges submitted by another AT&T BellSouth worker, Sofia Hernaiz. Hernaiz claims CWA officials attempted internal discipline against her for not participating in an August strike despite her prior resignation from the union.

"Ms. Marc's action represents an unprecedented challenge against 'window period' tactics used nationwide," said National Right to Work Foundation President Mark Mix.

Mix added: "It is time for forthcoming NLRB appointees...to rule such practices enriching union hierarchies are unlawful."


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