Fact Sheet on Cablevision’s Anti-Worker and Anti-Consumer Actions in Brooklyn

[Omaha Steve]

From PDF:

Fact Sheet on Cablevision’s Anti-Worker and Anti-Consumer Actions in Brooklyn:
A Year of Union Busting, Bad Faith Bargaining and Illegal Firings

Background: On January 30th, over a year after 282 Cablevision technicians voted overwhelmingly
to be represented by CWA, Cablevision illegally locked out and fired 22 technicians who were
engaged in protected, legal union activity. This brazen violation of federal labor law follows a year
of management delays and refusal to bargain in good faith.

Rather than negotiate a fair contract, Cablevision has spent millions on anti-union lawyers to fight
the union. Not only did they illegally lock out and fire 22 workers, they have:

• Illegally given raises to every Cablevision technician except those in Brooklyn – in an
attempt to blunt CWA’s union organizing drive in the Bronx.

• Left Brooklyn consumers behind with slower internet speeds, according to CWA research,
and publicly stated they would disinvest in Brooklyn because of the unionization vote.

• Refused in negotiations to agree to even the most basic union contract demands, such as
union security clause and “just cause” for discharge and discipline.

Cablevision Illegally Locks Out and Fires 22 Workers: On January 30th, Cablevision employees
sought to take advantage of the company’s “open door” policy to spend a few minutes discussing
their grievances with one of their managers – protected activity under federal law. Instead of
meeting with the workers, and without any warning or instruction to return to work, Cablevision
illegally informed 22 workers that they had been “permanently replaced”—a term usually applied
to workers who are on strike. Given that all of the workers clearly stated that they were ready and
willing to begin work, and that several of the fired workers were already in the field on their
routes and had to be called back to work to be told they were “permanently replaced,” it’s clear
they were not on strike.

(Illegal) Raises for Everyone except Brooklyn: Shortly after Brooklyn workers voted for CWA,
workers at the company’s Bronx garage started organizing. To thwart the campaign, management
granted every Cablevision technician—except those in Brooklyn—raises of between $2 and $9 per
hour. The message was clear – workers that chose the union would be penalized. CWA has filed
charges at the National Labor Relations Board, saying that these raises, and other anti-union tactics
(which led to the defeat of the drive in June) were illegal, because they deprived the Bronx workers
of their right to determine if they wanted to join CWA free from discrimination or intimidation.

Cablevision is Leaving Brooklyn Consumers Behind: To intimidate workers from joining the
union, Cablevision CEO James Dolan also told Bronx workers that because of their vote for CWA,
Brooklyn would be left behind for new technology and investment. Not surprisingly, when CWA
tested internet speeds on Cablevision’s system, Brooklyn Cablevision internet speeds were
approximately 25% slower than Bronx internet speeds. Complaints about poor service and slow
speeds are rampant among Brooklyn customers.

“Bad Faith Bargaining” and Stonewalling Basic Provisions of a Union Contract: CWA has filed
charges at the NLRB accusing management of “bad faith bargaining” by negotiating without any
actual intent of reaching an agreement. Despite a year of bargaining, management still refuses to
sign off on even the most basic elements of a typical collective bargaining agreement:

• Cablevision wants to limit union recognition to the existing Brooklyn garages. If they
close those garages and re-open across the street, workers would lose their union
protection.

• Cablevision wants the flexibility to contract out the entire workforce, thereby
eliminating all job security.

• Cablevision refuses to agree to the “Just Cause” standard for discipline and discharge.
Instead, Cablevision wants the flexibility to base grievance and arbitration on an
unheard of “proper cause” standard. Under that standard, if an arbitrator finds a
worker was wrongfully fired, but management shows a “good faith belief at the time”
that the person deserved to be fired, the firing would stand.

• Cablevision insists on an “open shop” provision identical to what exists in “right-towork
(for less)” states, reducing the power of workers who join the union, and creating
an incentive for “free riders” to opt out, undercutting the union over time.

No Discussion of Wages and Benefits: The Company’s total intransigence on basic union and
worker protections has blocked any meaningful discussion of wages and health benefits, leaving
Brooklyn workers behind other technicians.

After a Week of Pressure, Cablevision Rehires 5 of the 22: After pressure from elected officials
and CWA allies, on Wednesday, February 6th, Cablevision called 5 of the 22 workers back to work.
These particular workers were among many workers who tried to meet with managers under the
“open door” policy, and then left the garage to begin their routes. In order to get these five
workers back to the garage to illegally fire them, management called them back from their routes,
and then told them they were “permanently replaced” (Cablevision falsely claims to media and
elected officials that it only fired workers who refused to work. In fact, none of the 22 workers,
including the 5 now re-hired, were refusing to work and none were told to begin work)

Cablevision Has Spent More on Union-Busting Attorneys (and way more on CEO
Compensation) than it would Cost to Settle the Contract: Cablevision has used 3 different law
firms and multiple lawyers during the Brooklyn and Bronx organizing drives and subsequent
“bad faith” bargaining. Their current lead negotiator charges $1,000 an hour and they’ve spent
millions trying to block the union and avoiding an agreement on a fair contract. And in 2011,
Cablevision CEO James Dolan’s compensation was $11.45 million, nearly as much as the total
compensation for all of the 282 workers’ pay and benefits combined. Total compensation for just
the top six executives over the last five years added up to $346.4 million dollars—an average of
$57.7 million apiece.

It’s time for Cablevision to start treating Brooklyn
workers and consumers fairly. Write or call
Cablevision CEO James Dolan and tell him to rehire
all of the Cablevision 22 and bargain in good faith.

For More information on the struggle of the Cablevision workers,
check out www.thecablevision99.org

[annabanana]

1. k&r ! . . .n/t

[Engineering Justice]

2. It's not about profits, just about power.

You can see this in the amount they spend of fighting unions. They would save money, and get more productive workers by cooperating with the working class.