AT&T Services, Inc.Download PDFNational Labor Relations Board - Unpublished Board DecisionsAug 15, 201713-CA-185708 (N.L.R.B. Aug. 15, 2017) Copy Citation NOT INCLUDED IN MPMc BOUND VOLUMES Chicago, IL UNITED STATES OF AMERICA BEFORE THE NATIONAL LABOR RELATIONS BOARD AT&T SERVICES, INC. and Case 13-CA-185708 COMMUNICATIONS WORKERS OF AMERICA, AFL-CIO, CLC, DISTRICT 4 ORDER APPROVING STIPULATION, GRANTING MOTION, AND TRANSFERRING PROCEEDING TO THE BOARD This matter comes before the National Labor Relations Board upon the joint motion of Respondent AT&T Services, Inc., Charging Party Communications Workers of America, AFL-CIO, CLC, District 4, and the General Counsel to waive a hearing and decision by an administrative law judge and to transfer the proceeding to the Board for a decision based on the stipulated record. On February 22, 2017, the General Counsel issued a complaint and notice of hearing alleging that since about September 6, 2016, the Charging Party has requested in writing that the Respondent furnish it with the following information: the names, work location, current title, Net Credited Service (NCS), and quarterly reports of test results and test dates for all bargaining unit employees taking the TMT II test for the period of January 1, 2014 through implementation of the TMT III (TMT II Results) and the TMT III test for the period of October 1, 2015 through the present (TMT III Results). The complaint further alleges that since about September 23, 2016, the Respondent, by Stephen Hansen, in writing, has failed and refused to furnish the Charging Party with the requested information and, by this conduct, the Respondent has been failing and refusing to bargain collectively and in good faith with the exclusive collective-bargaining representative of its employees in violation of Section 8(a)(5) and (1) of the Act. On June 16, 2017, the parties filed a Joint Motion to Submit Stipulated Record to the Board and Joint Stipulation of Facts. Pursuant to Section 102.35(a)(9) of the Board’s Rules and Regulations, the parties have waived a hearing before an administrative law judge and agreed to submit the record in this case directly to the Board for findings of fact, conclusions of law, and a Decision and Order. The parties have requested that the Board set a time for the filing of briefs. The Board having considered the matter, IT IS ORDERED that the Joint Motion is granted and the case is transferred to and continued before the Board in Washington, D.C., for the purpose of issuing findings of fact, conclusions of law, and a Decision and Order. IT IS FURTHER ORDERED that the stipulated record, which consists of the Charge; the Complaint and Notice of Hearing; the Answer; an Order Rescheduling Hearing; the Statement of Issue Presented; the Stipulation of Facts; the Statements of Position by the General Counsel, the Charging Party, and the Respondent; and Joint Exhibits 1-33, is approved and made part of the record. The parties may file initial briefs with the Board in Washington, D.C. on or before September 5, 2017 and answering briefs within 14 days thereafter in accordance with Section 102.35(a)(9) of the Board’s Rules and Regulations. Dated, Washington, D.C., August 15, 2017. By direction of the Board: Gary Shinners ________________________ Executive Secretary Copy with citationCopy as parenthetical citation