• CWA Takes on Verizon Over FMLA Abuses
• Big Breakthrough: NMB Proposes Majority Vote for Airline Worker Elections
• Obama DOL Wins $1.2 Million for Puerto Rico Workers
• Online Auction Aids Flight Attendants in Need
• Employee Free Choice is Major League
• NY Dish Network Techs, West VA ABC Officers Join CWA
• CWA Member Wins Reelection to Detroit City Council
• In Maryland, Verizon Wants a Sweet Deal at Consumers' Expense

CWA Takes on Verizon Over FMLA Abuses

CWA has filed a lawsuit charging Verizon Communications with denying workers the rights and protections of the Family and Medical Leave Act. The class action lawsuit covers Verizon workers in Districts 1, 2 and 13.

CWA and individual workers have laid out extensive complaints against Verizon. “Verizon has created a number of arbitrary administrative procedures that it requires workers to follow if they want to be certified for FMLA, but these procedures are not a part of the FMLA law. They shouldn’t be used to deny workers their rightful FMLA benefits, but that’s exactly what Verizon is doing,” said CWA General Counsel Mary O’Melveny.

FMLA provides workers at companies with 50 or more employees with up to 12 weeks of unpaid leave per year for the birth or adoption of a child; care of a spouse, parent or a child under 18 for a serious health condition; care of a child over 18 with mental or physical disabilities, and an employee’s own illness.

Verizon’s policies are a real Catch-22:

• If a worker followed verbal instructions from the company’s absence reporting center, and those instructions were wrong, though the worker didn’t know it, the claim is denied.
   
• If a worker couldn’t file the full report on time, because her doctor was on vacation or unavailable, the claim is denied. If another physician in the same office completed the report, but didn’t spell out the relationship between the two medical providers, the claim is denied. 
   
• If information was missing from the claim, for example, the doctor’s office didn’t complete an item, the claim is denied.   
   
• If a supervisor makes an error in reporting a workers’ claim, it’s denied.

At Verizon, as far as FMLA is concerned, once a claim is denied twice, a worker loses her FMLA rights.

Big Breakthrough: NMB Proposes Majority Vote for Airline Worker Elections

The National Mediation Board this week proposed a rule change to bring real democracy to union elections in the airline and railroad industries.

Under the NMB proposal, workers would vote either "Yes" or "No" in a union representation election. The outcome would be determined by a majority of votes cast, just as elections for public office now are conducted.

Under the current NMB rules, workers can only win union representation if a majority of eligible workers vote and a majority of those voters want a union voice. Workers who don't participate are considered "No" votes.  

The NMB's two-member majority called the current system undemocratic. "Few if any democratic elections are conducted in this manner," the NMB said. "In our society, free choice is expressed on the basis of a majority of valid votes cast in an election. The wishes of those who take the time and trouble to cast ballots" should not be superseded by those who chose not to participate, it added.

The current system has encouraged airlines to engage in intimidation and coercive tactics to suppress turnout and keep workers from exercising their right to vote during union elections.

The rule change was praised by AFA-CWA President Patricia Friend. Employees seeking a union will now have the opportunity to have a chance for truly fair elections," Friend said. "They are excited for the opportunity for their voices and votes to be counted."

AFA-CWA has been working with flight attendants at the merged Northwest Delta Airlines to help bring union representation to the airline's 21,000 flight attendants. "Now that the NMB has announced that, for the first time in recent years, airline employees seeking union representation will have a chance for truly fair elections, flight attendants at Northwest and Delta are excited for that opportunity," Friend said. "As the largest private sector union election this year, we want this election at Delta Air Lines to occur under the new democratic procedures and therefore are withdrawing our single transportation application" that would trigger a union election. The NMB will issue its final rule after a 60-day public comment period.

Obama DOL Wins $1.2 Million for Puerto Rico Workers

When a Puerto Rico newspaper publisher raided the union workers' retirement fund, the Bush administration didn't do much. But under President Obama's Labor Department, workers will get most of their money back.

DOL lawyers went to U.S. federal court on behalf of the El Vocero workers and won a $1.28 million settlement that restores most of the funds that were taken, as well as promised employer contributions that were not made between 2003 and 2006.

"What a difference a presidential election makes," said Bernie Lunzer, president of The Newspaper Guild-CWA, which represents the workers through UPAGRA.

"During the Bush years, the Department of Labor tried to get our members to agree to a $600,000 settlement, less than half of what they are owed, Lunzer said. "Now, under the leadership of President Obama and Labor Secretary Hilda Solis, we're a lot closer to the justice that they deserve."

Publisher Miguel Roca has kept up his dirty tricks. Since July, he has pushed more than 100 workers out of their jobs, replacing them with non-union employees who are being paid with U.S. stimulus dollars. Local mayors and Puerto Rico's labor secretary are channeling the taxpayer funds to Roca, according to a paper trail that union leaders have unraveled.

CWA is aiding the UPAGRA members with funds set aside to support collective bargaining strategies. The union is continuing its mass pickets and gets a permit once a week to shut down the streets in front of the newspaper's San Juan offices.

Online Auction Aids Flight Attendants in Need

The Pegasus Project "Heroes of the Heart" Online Holiday Charity Auction is open for bids from now through Nov. 30.

This AFA-CWA project helps raise funds to provide a financial lifeline for flight attendants facing a critical, life-threatening illness or disabling injury through an online auction of fabulous gifts, art, exotic travel and many other items.

All funds raised go the Pegasus Project, which provides short-term emergency grants to critically ill or injured flight attendants represented by AFA-CWA.

Sheila Dail and Doreen Welsh, AFA-CWA's own "Heroes on the Hudson" and members of the US Airways flight 1549 crew, are this year's Pegasus Project spokespersons.

"In a single moment one's life can change forever. A routine doctor's visit results in a cancer diagnosis, a short drive to the store ends in a horrific accident that restricts you from working for many months, or, like us, your plane makes an emergency landing on the Hudson River after striking a flock of birds," they said.

Please support our cause and be "a Hero of the Heart to Flight Attendants in need," they said.

Click here to donate unique items or check out items for bid.

Employee Free Choice is Major League

No matter who you liked in the World Series, one thing is clear. Major League baseball players are on the side of working women and men when it comes to Employee Free Choice. This ad, which ran in national newspapers, featured baseball players who believe all Americans should have the same opportunity they've had—to be able to join a union without being fired and to negotiate with their employers without being penalized.

Playing by the rules matters, in baseball and on the job.

NY Dish Network Techs, West VA ABC Officers Join CWA

Technicians at Dish Network in Queens, N.Y. and enforcement officers from the West Virginia Alcohol Beverage Control administration have won CWA representation.

More than 60 Dish Network technicians beat back a strong anti-union campaign to win representation with CWA Local 1106 in an NLRB election. Dish management illegally conducted captive-audience meetings less than 24 hours before the election and also promised workers a big raise if they voted "no." The Dish techs were assisted by Local 1106 President Tony Caudullo and Vice President Jerry Bulzomi.

In West Virginia, 30 enforcement officers at the state's Alcohol Beverage Control administration won representation with CWA Local 2001. The ABC workers wanted the same kind of professional representation that CWA-represented West Virginia state troopers have, and chose CWA. CWA represents more than 1,600 correctional and juvenile services' support staff and officers in West Virginia. The workers were assisted by Local 2001 and District 2 Staff Representative Elaine Harris.

CWA Member Wins Reelection to Detroit City Council

In Detroit, Brenda Jones, a member of CWA Local 4004, was re-elected to the City Council. The former local union president has been a strong advocate for working families in the city since she was first elected to the post in 2005.

Union leaders and members from CWA Locals 4100 and 4004 provided strong support for her re-election bid, especially at rallies and in get-out-the-vote actions on Election Day. Jones also had strong backing from CWA's Minority Caucus, members of the United Auto Workers and AFSCME, and the Detroit AFL-CIO.

In Maryland, Verizon Wants a Sweet Deal at Consumers' Expense

CWA's ad in the Baltimore Sun reminded regulators that Verizon should be required to meet service quality standards.

CWAers, community activists, consumer groups and others want the Maryland Public Service Commission to say yes to quality service for Maryland telephone customers and no to Verizon's attempt to avoid service standards for residential customers.

This week in Baltimore, the Maryland PSC held a two-day hearing on whether to accept a deal that would let Verizon continue its record of missed service appointments and delays for Maryland residents and even raise telephone rates.

CWA District 2 Vice President Ron Collins said CWA was working with state officials to require Verizon to meet quality service standards and not agree to a deal that is "good for Verizon but bad for Maryland."

Go to Contactmdpsc.org and tell the Maryland regulators: Reject this deal and tell Verizon to clean up its act.