BellSouth Telecommunications

National Labor Relations Board - Board Decisions

Feb 28, 2006

346 N.L.R.B. 637 (N.L.R.B. 2006)

BELLSOUTH TELECOMMUNICATIONS, INC.
346 NLRB No. 59
637
BellSouth Telecommunications, Inc. and Gary L. Lee
and Jim Amburn
Communications Workers of America, AFL–CIO and
Gary L. Lee and Jim Amburn. Cases 11–CA–
17096, 11–CA–17140, 11–CB–2688, and 11–CB–
2699
February 28, 2006
SUPPLEMENTAL DECISION AND ORDER
BY CHAIRMAN BATTISTA AND MEMBERS LIEBMAN
AND SCHAUMBER
On August 29, 2001, the National Labor Relations
Board issued its Decision and Order in this proceeding.1
The Board found that Respondent BellSouth Telecom-
munications, Inc. (BellSouth) did not violate Section
8(a)(1), (2), and (3) of the Act and that Respondent
Communications Workers of America, AFL–CIO
(CWA) did not violate Section 8(b)(1)(A) and (2) of the
Act by entering into a contractual provision requiring
employees in specified job classifications, and those who
had contact with the public, to wear a uniform bearing
both the BellSouth and CWA logos.2 The Board specifi-
cally found that the Respondents could lawfully agree to
and implement a policy requiring employees to wear a
company uniform that displays both the BellSouth and
CWA logos despite the objections of certain employees
to displaying the CWA logo. Although recognizing that
the compelled wearing of the CWA logo implicated em-
ployees’ Section 7 right to refrain from engaging in ac-
tivities in support of a labor organization, the Board
found that the Section 7 interest was outweighed by spe-
cial circumstances underlying the collectively bargained
uniform policy.
Subsequently, Charging Parties Gary L. Lee and Jim
Amburn filed a petition for review of the Board’s Order
with the United States Court of Appeals for the Fourth
Circuit. On January 4, 2005, the court granted the peti-
tion for review, and vacated the Board’s dismissal order
based on its finding that BellSouth and the CWA had
violated the Act as alleged.3 The court held that the
Board’s finding of special circumstances validating the
uniform policy was not supported by substantial evi-
dence. Accordingly, the court further held that “[b]y pay-
ing to place the union logo on the uniforms and making
the wearing of the union logo on uniforms a condition of
employment, Bell-South violated Section 8(a)(1), (2),
and (3) of the Act. Similarly, CWA violated Section

1 335 NLRB 1066 (2001).
2 Chairman Battista and Member Schaumber did not participate in
the underlying decision.
3 Lee v. NLRB, 393 F.3d 491 (4th Cir. 2005).
8(b)(1)(A) and 8(b)(2) of the Act by proposing and
agreeing to require employees to wear the union logo and
by accepting BellSouth’s financial support.” 393 F.3d at
497. The court remanded the proceeding to the Board
with directions to modify its order consistent with the
court’s opinion.
By letter dated June 10, 2005, the Board notified the
parties that it had accepted the remand and invited the
parties to file statements of position. Thereafter, Respon-
dent BellSouth, Respondent CWA, and the Charging
Parties filed position statements, and the Charging Par-
ties filed a reply brief.
The court’s finding that the Respondents violated the
Act, as set forth above, is the law of the case. Accord-
ingly, we find the violations, as alleged. Further, as di-
rected by the court, we shall modify our original order
and enter a new Order.
REMEDY
Having found that the Respondents engaged in certain
unfair labor practices, we shall order them to cease and
desist and to take certain affirmative action designed to
effectuate the policies of the Act. The Respondents
maintained a collective-bargaining agreement containing
a provision that unlawfully required employees to wear
uniforms with a CWA logo. The Respondents shall be
required to rescind those contractual provisions which
mandate the wearing of the CWA logo on uniforms, and
to post notices in all locations where unit employees cov-
ered by those contractual provisions are employed. See
Raley’s Inc., 311 NLRB 1244 fn. 2 (1993) (rescission of
unlawful dress code rule and posting at all locations
where unlawful rule was in effect ordered). In their posi-
tion statements, Respondent BellSouth and the Charging
Parties assert that a recent collective-bargaining agree-
ment has modified the former uniform policy mandating
the compelled wearing of the CWA logo, but that some
employees still are required to wear the CWA logo. The
alleged agreement is not in the record, and thus we leave
to compliance consideration of the impact this alleged
modification may have on our Order. However, assum-
ing that the parties have accurately described the con-
tract, it is nonetheless our view that no employee can be
required to wear the CWA logo.
We note that the Respondents seek a Board order that
would simply proscribe them from interfering with, re-
straining, or coercing employees who object to wearing
the CWA logo. That approach suggests that, in order to
escape the requirement, employees must affirmatively
object to the wearing of the logo, and that no reprisal will
be taken. Similarly, the Respondents would simply give
employees the opportunity to “opt out” of the require-
ment. We would take a more straightforward approach.
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD638
We believe that employees are to be told that there is no
requirement to wear the CWA logo, and that they are free
to wear the CWA logo or not. Employees can then “opt”
either way, and no reprisals will be taken.4
ORDER
The National Labor Relations Board orders that the
Respondents, BellSouth Telecommunications, Inc., Char-
lotte, North Carolina, and Communications Workers of
America, AFL–CIO, shall take the action set forth in the
Order.
A. Respondent BellSouth Telecommunications, Inc.,
its officers, agents, successors, and assigns, shall
1. Cease and desist from
(a) Maintaining and enforcing any provisions in its
collective-bargaining agreement with Communications
Workers of America, AFL–CIO (CWA), requiring em-
ployees to wear on their uniforms the CWA logo.
(b) Informing employees that they are required to wear
the CWA logo on their uniforms.
(c) In any like or related manner interfering with, re-
straining, or coercing employees in the exercise of rights
guaranteed by Section 7 of the Act.
2. Take the following affirmative action necessary to
effectuate the policies of the Act.
(a) Rescind and cease enforcing any provisions of its
collective-bargaining agreement with Communications
Workers of America, AFL–CIO, that require employees
to wear on their uniforms the CWA logo.
(b) Inform all employees that they are free to wear the
CWA logo or not, and that no reprisals will be taken for
either choice.
(c) Within 14 days after service by the Region, post in
all locations where unit employees covered by those con-
tractual provisions requiring employees to wear the
CWA logo on their uniforms are employed, copies of the
attached notice marked “Appendix A.”5 Copies of the
notice, on forms provided by the Regional Director for
Region 11, after being signed by Respondent BellSouth’s
authorized representative, shall be posted by Respondent
BellSouth and maintained for 60 consecutive days in
conspicuous places including all places where notices to
employees are customarily posted. Reasonable steps
shall be taken by Respondent BellSouth to ensure that

4 We decline to require individual notice to each affected BellSouth
employee in the absence of a showing that those employees would not
be reached through customary posting procedures. We note that no
party contends that a monetary remedy of any kind is appropriate.
5 If this Order is enforced by a judgment of the United States court
of appeals, the words in the notice reading “Posted by Order of the
National Labor Relations Board” shall read “Posted Pursuant to a
Judgment of the United States Court of Appeals Enforcing an Order of
the National Labor Relations Board.”
the notices are not altered, defaced, or covered by any
other material. In the event that, during the pendency of
these proceedings, Respondent BellSouth has gone out of
business or closed the facility involved in these proceed-
ings, Respondent BellSouth shall duplicate and mail, at
its own expense, a copy of the notice to all current em-
ployees and former employees employed by Respondent
BellSouth since August 6, 1995, who were covered by
those contractual provisions requiring employees to wear
the CWA logo on their uniforms.
(d) Within 21 days after service by the Region, file
with the Regional Director a sworn certification of a re-
sponsible official on a form provided by the Region at-
testing to the steps that Respondent BellSouth has taken
to comply.
B. Respondent Communications Workers of America,
AFL–CIO, its officers, agents, and representatives, shall
1. Cease and desist from
(a) Maintaining and enforcing any provisions in its
collective-bargaining agreement with BellSouth Tele-
communications, Inc. requiring employees to wear on
their uniforms the CWA logo.
(b) Informing employees that they are required to wear
the CWA logo on their uniforms.
(c) In any like or related manner restraining or coerc-
ing employees in the exercise of rights guaranteed by
Section 7 of the Act.
2. Take the following affirmative action necessary to
effectuate the policies of the Act.
(a) Rescind and cease enforcing any provisions of its
collective-bargaining agreement with BellSouth Tele-
communications, Inc. that require employees to wear on
their uniforms the CWA logo.
(b) Inform all employees that they are free to wear the
CWA logo or not, and that no reprisals will be taken for
either choice.
(c) Within 14 days after service by the Region, post at
those union offices servicing employees covered by any
provisions of its collective-bargaining agreement with
BellSouth Telecommunications, Inc. that require em-
ployees to wear on their uniforms the CWA logo copies
of the attached notice marked “Appendix B.”6 Copies of
the notice, on forms provided by the Regional Director
for Region 11, after being signed by the authorized rep-
resentative of Respondent Communications Workers of
America, AFL–CIO, shall be posted by Respondent
Communications Workers of America, AFL–CIO, and
maintained for 60 consecutive days in conspicuous
places including all places where notices to members are
customarily posted. Reasonable steps shall be taken by

6 See fn. 5 supra.
BELLSOUTH TELECOMMUNICATIONS, INC. 639
Respondent Communications Workers of America,
AFL–CIO, to ensure that the notices are not altered, de-
faced, or covered by any other material.
(d) Forward to the Regional Director for Region 11
signed copies of the attached notice marked “Appendix
B” for posting by BellSouth Telecommunications, Inc.
(e) Within 21 days after service by the Region, file
with the Regional Director a sworn certification of a re-
sponsible official on a form provided by the Region at-
testing to the steps that Communications Workers of
America, AFL–CIO, has taken to comply.
APPENDIX A
NOTICE TO EMPLOYEES
POSTED BY ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
The National Labor Relations Board has found that we vio-
lated Federal labor law and has ordered us to post and obey
this notice.
FEDERAL LAW GIVES YOU THE RIGHT TO
Form, join, or assist a union
Choose representatives to bargain with us on
your behalf
Act together with other employees for your bene-
fit and protection
Choose not to engage in any of these protected
activities.
WE WILL NOT maintain and enforce any provisions in
our collective-bargaining agreement with Communica-
tions Workers of America, AFL–CIO (CWA), that re-
quire you to wear on your uniform the CWA logo.
WE WILL NOT inform you that you must wear the CWA
logo on your uniform.
WE WILL NOT in any like or related manner interfere
with, restrain, or coerce you in the exercise of the rights
set forth above.
WE WILL rescind and stop enforcing any provisions of
our collective-bargaining agreement with Communica-
tions Workers of America, AFL–CIO (CWA), that re-
quire you to wear the CWA logo on your uniform.
WE WILL inform you that you are free to wear the
CWA logo or not, and that no reprisals will be taken for
either choice.
BELLSOUTH TELECOMMUNICATIONS, INC.
APPENDIX B
NOTICE TO MEMBERS
POSTED BY ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
The National Labor Relations Board has found that we vio-
lated Federal labor law and has ordered us to post and obey
this notice.
FEDERAL LAW GIVES YOU THE RIGHT TO
Form, join, or assist a union
Choose representatives to bargain on your behalf
with your employer
Act together with other employees for your bene-
fit and protection
Choose not to engage in any of these protected
activities.
WE WILL NOT maintain and enforce any provisions in
our collective-bargaining agreement with BellSouth
Telecommunications, Inc. that require you to wear on
your uniform the CWA logo.
WE WILL NOT inform you that you must wear the CWA
logo on your uniform.
WE WILL NOT in any like or related manner restrain or
coerce you in the exercise of the rights set forth above.
WE WILL rescind and stop enforcing any provisions of
our collective-bargaining agreement with BellSouth
Telecommunications, Inc. that require you to wear the
CWA logo on your uniform.
WE WILL inform you that you are free to wear the
CWA logo or not, and that no reprisals will be taken for
either choice.
COMMUNICATIONS WORKERS OF AMERICA,
AFL–CIO