Verizon Communications has gone to court to limit picketing and protest activity among striking union workers who have been accused of taking their cause too far.

The company filed a lawsuit Wednesday in New York and won a court order Monday in Pennsylvania, and another in Delaware on Wednesday.  The company is waiting for rulings in New Jersey and Massachusetts that would force Verizon strikers to limit the number of picketers at any given location and stop blocking access to company buildings.

Relations between the company and striking workers have deteriorated significantly as the first week of the strike wears on.

Near Buffalo, two strikers were hit by a replacement worker’s vehicle.  A BB gun was fired at a worker still on the job in the Bronx.  Several incidents of pushing and shoving by both sides have also been documented.  But among the most serious incidents are acts of sabotage that have cut off landline and cell service, mostly in upstate New York.

Service was restored late yesterday to residents in Oneida County, who lost both home and cell phone service after fiber cables were cut.  Verizon has rushed out press releases decrying what they call “sabotage” and indirectly implying Verizon strikers are responsible.  The New York State Police continues criminal investigations in several upstate communities were vandalism has occurred.

Austin (Courtesy: Boston Herald; Photo by M. Stone)

Verizon strikers have also been following around replacement workers assigned to do home installations and repair work, and this has occasionally led to picketers arriving outside of customer homes where repair work is underway.

The Boston Herald reports one Quincy, Mass. mom found a circus outside her home yesterday when Verizon showed up to fix her phone line:

A Quincy mom has disconnected her support for striking Verizon workers yesterday after a group of mouthy picketers surrounded non-union repairmen and turned a phone-line fix at her home into what she is calling a “ridiculous” protest scene.

“I looked in the street and there are picketers, 10 of them or more, doing a circle around the Verizon truck,” said Karen Austin, 64, a mother of five who lives on Forest Avenue.

“Every time (the repairmen) would walk up to my house they would follow them. I couldn’t believe my eyes. This is ridiculous. Why are they picketing my house?”

“I’m not on a main street … I’m not a business. I’m a person who needed a line fixed,” she said.

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Verizon alleges vandalism may be responsible for a significant service outage in Tewksbury, Mass., but union officials suggest Verizon’s claims are “straight out of the Verizon strike playbook.”  WHDH in Boston reports.  (2 minutes)

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WABC in New York watched as Verizon strikers booed anyone approaching an entrance to Verizon’s headquarters.  Company officials are seeking court orders to restrain picketing activities in five states.  (3 minutes)

California’s Public Utilities Commission promises a thorough review of the merger proposal from AT&T and T-Mobile, now under increasing scrutiny by the state’s regulators for potentially reduced competition and higher prices for cell phone customers.

The PUC has held seven public meetings so far regarding the proposal, with particular focus on what T-Mobile’s exit would mean for rural communities in northern, central, and eastern California.  Under the leadership of Commissioner Catherine Sandoval, California’s review of the merger proposal is proving to be the most aggressive nationwide, surprising even seasoned regulators.

“This is pretty unheard of,” Brian O’Hara, a legislative director at the National Association of Regulatory Utility Commissioners, said in an interview with Bloomberg News. “California’s seems to be the most in-depth review. It’s amazing to me that the PUC is doing so much.”

The public-interest group Consumer Watchdog has recommended a rejection of the deal, saying it will lead to higher prices.  This week, the group sent a letter to Sandoval, the Justice Department, and the Federal Communications Commission opposing the merger.  Bloomberg notes aggressive investigations may force AT&T to sell off a growing percentage of their T-Mobile acquisition to win approval:

With the pressure from California and other regulators, AT&T may have to divest 30 percent to 40 percent of T-Mobile USA’s spectrum and subscribers nationwide, Michael Nelson, an analyst with Mizuho Securities USA, said in an interview.

“I expect the requirements to be extremely high,” he said.

California could even seek to block the deal outright, a step usually taken by the FCC or Justice Department. If federal regulators approve the deal and California objects, the commission could go to the state’s attorney general to file a lawsuit to stop it, said Naruc’s O’Hara.

“An attorney general lawsuit may be the only recourse,” he said.

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CNBC reports some members of Congress are coming out against the merger proposal, claiming it will reduce competition and raise prices.  (2 minutes)

Dear Chairman Genachowski, Attorney General Holder and Commissioner Sandoval:

We write to urge you to reject AT&T Inc.’s proposed purchase of T-Mobile because it will without question lead to higher prices for consumers.

This is not conjecture; it is the lesson of history. Seven years ago, AT&T Inc.’s wholly owned subsidiary, AT&T Mobility LLC (then known as Cingular Wireless Corporation) requested permission to buy AT&T’s wireless network (then known as AT&T Wireless Services, Inc.) for $41 billion. At that time, AT&T and Cingular had the first and second largest share, respectively, of wireless communications providers in the U.S.

In order to get the merger approved, AT&T and an army of executives, lobbyists and allies assured regulators and consumers that the deal was in the public interest by making promises — the very same promises that we’re hearing from AT&T today:

What happened after the AT&T – Cingular merger? Once the Federal Communications Commission approved the deal (after negligible scrutiny), the newly merged company – which later renamed itself AT&T Mobility LLC– betrayed its promises. It abandoned the old AT&T network, deliberately degrading the network so that AT&T customers would be forced to migrate to Cingular’s own network, pay an upgrade fee of $18, buy new phones and agree to new and more expensive rate plans. These anti-consumer moves were enforced by an anti-competitive “early termination fee” of anywhere between $175 and $400, which prevented customers of AT&T from moving to another carrier.

In short, AT&T policyholders were railroaded into spending hundreds of dollars more in order to maintain their cellular service – a colossal rip-off by the same corporate executives who are now asking for permission to do it all over again.

Nothing in the terms of the proposed merger bars AT&T from engaging in a repeat performance against helpless T-Mobile customers if this deal is approved. Indeed, even as the companies mount a massive public relations campaign to win your approval, T-Mobile executives are already implicitly acknowledging that once the merger is approved, AT&T will make changes in the T-Mobile network:

T-Mobile has no plans to alter our 3G / 4G network in any way that would make your device obsolete. The deal is expected to close in approximately 12 months. After that, decisions about the network will be AT&T’s to make. That said, the president and CEO of AT&T Mobility was quoted in the Associated Press saying “there’s nothing for [customers] to worry about… [network changes affecting devices] will be done over time… ”

Moreover, AT&T has publicly admitted that if the merger goes through, T-Mobile subscribers with 3G phones will have to replace their phones to keep their wireless broadband service. AT&T plans to “rearrange how T-Mobile’s cell towers work” so that T-Mobile’s airwaves can be used for 4G service rather than 3G. Even though AT&T will be altering T-Mobile’s 3G cell towers to operate 4G services, Ralph de la Vega, president and CEO of AT&T Mobility and Consumer Markets, said that after the merger, T-Mobile 3G phones will need to be replaced with AT&T 3G phones, which “will happen as part of the normal phone upgrade process.” Once AT&T forces the T-Mobile subscribers with 3G phones to buy AT&T 3G phones, it is only a matter of time before AT&T pushes all of its subscribers over to the 4G network.

T-Mobile customers who are forced to migrate to AT&T’s network will have to buy new phones, agree to more expensive rate plans, or cancel their contracts and pay a termination fee.

Once known for its low prices, T-Mobile has already begun increasing its rates and decreasing options in anticipation of the merger. On July 20, 2011, T-Mobile discontinued its unlimited data plans, replacing them with plans that cap the amount of data a customer can use; once the customer hits the data cap, T-Mobile will substantially slow down their network speed. Nine days later, AT&T, which stopped offering new unlimited data plans last year, announced it would similarly start throttling data speeds even for customers on “grandfathered” unlimited data plans. AT&T is attributing its slow-down to the “serious wireless spectrum crunch.” In another implicit promise sure to be broken, AT&T has told its customers and regulators that “[n]othing short of completing the T-Mobile merger will provide additional spectrum capacity to address these near term challenges.”

Finally, T-Mobile was recently named one of the world’s most ethical companies for 2011. It was the only U.S. wireless telecommunication service provider that made the list. By contrast, complaints about AT&T’s service and prices are legion. Indeed, the views of millions of AT&T customers have been summarized by an online campaign known as “#attfail.” This merger will eliminate a U.S. wireless company that at least seemed to care about its customers.

To this day, the AT&T customers who were misled and overcharged by AT&T’s actions after the 2004 merger are still fighting in the courts for refunds and other remediation arising from the merger. In 2006, lawyers for Consumer Watchdog, joined by a group of private law firms, filed a national class action lawsuit against AT&T on behalf of the millions of customers who were victimized by the merger: Coneff v. AT&T Corp., et al., No. C06-0944 (W.D. Wash). In response, AT&T’s lawyers claimed that when AT&T customers were forcibly moved to the new network, they simultaneously agreed to waive their right to seek refunds from AT&T in court because of a provision buried in the fine-print of AT&T’s contract that required arbitration of all disputes and barred customers from joining together in an arbitration. Throughout the litigation, AT&T changed its arbitration clause several times, each time modifying various terms while retaining the arbitration clause that prohibited customers from bringing or participating in a class action, regardless of whether it is brought in arbitration or in court.

In 2009, the U.S. District Court in Seattle, Washington, held that AT&T’s arbitration clause was unconscionable because most AT&T customers would never obtain redress without the ability to bring a class action. The case is presently before the 9th Circuit. In its briefing, AT&T now contends that the U.S. Supreme Court’s recent decision in AT&T Mobility v. Concepcion 563 U.S. __ (2011) should be interpreted by the courts to apply to the egregiously unfair and one-sided mandatory arbitration clauses like the one struck down in Coneff in 2009, which, in our case and unlike in Concepcion, has been shown to preclude customers’ basic due process rights.

Albert Einstein defined insanity as doing the same thing over and over again and expecting different results. Considering AT&T’s track record, it is irrational to expect that the AT&T and T-Mobile merger will yield different results. If the merger is approved, millions of T-Mobile customers will be subjected to the same costly and unfair practices that AT&T customers experienced after the 2004 Cingular merger. Moreover, permitting AT&T to swallow a competitor will leave the American cellular marketplace controlled by a duopoly that, through the artifice of termination fees and arbitration agreements, will effectively eliminate competition between them.

This is a bread and butter test of the federal government’s commitment to American consumers versus the Wall Street and corporate interests that too often seem to be the winners every time the federal government takes action.  The Administration should ignore the lofty pronouncements of the corporate-funded academics and allies who provide cover for the glib promises of two cellular giants, along with the Wall Street firms that will reap millions in fees for providing the merger paperwork, in favor of the average American family, who, after all they have been forced to sacrifice these last few years, should not be required to pay more of their dollars for the ability to use a cell phone.

Harvey Rosenfeld

Laura Antonini

You can find documented footnotes accompanying this letter here.

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AT&T is blanketing the airwaves with claims of improved service in its advertising promoting the merger with T-Mobile.  (1 minute)

Vandalism causes serious phone outages in upstate New York. (Courtesy: Verizon Communications)

Frontier Communications’ landline customers in Lewis and Oneida counties faced long distance service outages, while just about everyone in northern Oneida County is without both landline and cell phone service after fiber lines serving cell towers and landline customers were cut Monday.

The New York State Police have launched a criminal investigation into the sabotage, while Verizon Communications implies the damage might have come as a result of a strike against the company that began last weekend.

The largest outage, which cut off cell service and landlines, originated in Deerfield, where cables were severed.

Several upstate communities are facing lengthy service outages from a variety of acts of vandalism, most from cable cuts and damage to junction boxes.

Verizon has rushed out news releases regarding the damage, offering a reward of up to $50,000 for information leading to the arrest and prosecution of individuals that intentionally damage Verizon cables or facilities or cause or attempt to cause physical injury to any Verizon employee or contractor.  Verizon urges anyone who witnesses sabotage of Verizon property or any suspicious activity to call 911 immediately, then call the Verizon Security Control Center at 1-800-997-3287.

Both sides of the dispute are now appealing to Congress to intervene, an action that may not bring immediate results.  Both the House and Senate are currently in their five-week summer recess.

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WKTV in Utica covers the impact of widespread landline and cell phone outages in Oneida County, upstate New York.  (1 minute)

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WRGB in Albany explores additional acts of vandalism in the Capitol District and gets reaction from striking workers about whether they were involved.  (3 minutes)

Verizon employees rally in New York. (Photo: Gary Schoichet)

More than 45,000 Verizon landline workers are on strike this morning after union workers overwhelmingly rejected a proposed contract from Verizon Communications that could result in as much as $20,000 in reduced benefits per employee, per year.

Workers employed by Verizon East, which serves the company’s northeastern and mid-Atlantic regions from Massachusetts to Virginia, left their jobs as their contract with the company expired over the weekend.  Two unions — the Communications Workers of America and the International Brotherhood of Electrical Workers, are pitting the dispute as part of a corporate war on the middle class.

Verizon has been demanding serious concessions from union workers in negotiations for a new contract agreement.  But employees are expressing serious concern over draconian salary and benefit concessions that could drastically reduce their pay and benefits package.  According to William Huber, president of IBEW Local 827:

• Verizon is seeking to tie pay increases to company-defined performance reviews;
• Employees would pay significant sums towards health care premiums;
• Pensions would be frozen at the end of 2011;
• Sickness and death benefits would be eliminated;
• Disability benefits would be slashed from 52 to 26 weeks and authorized “sick time” curtailed.

Verizon officials claim the benefit and pay concessions are part of the reality of today’s landline telephone business, which has been in decline for several years.

“We need to reach a contract that addresses economic realities,” said Lee Gierczynski, a Verizon spokesman. “The wireline business is constantly in decline. In order for Verizon to compete, Verizon and the unions need to make some difficult decisions.”

That contention is seriously disputed by the two unions and employees.  The CWA called Verizon one of the most profitable companies in the U.S., noting the company earned $19.5 billion in profits in the last four years and paid over $258 million in compensation to just five top executives.

“So tell me, where is their loss?” said Dino Cantillo, a facilities technician and 17-year employee. Cantillo told the Star-Ledger that Verizon’s CEO, Ivan Seidenberg, earned more than $18 million in total compensation in 2010 – roughly $49,000 every day.

“It takes these guys a year to make that,” said Cantillo, pointing at the two dozen or so protesters who picketed in Howell, N.J.

“They are trying to get rid of the working class,” said Bill Gebhart, a lineman who has worked for Verizon for 15 years. “They are totally annihilating it.”

The unions are especially upset Verizon has been aggressively trying to contract work out of the region, hiring workers offshore in Mexico, the Philippines, and other countries to perform tasks formerly done by regional employees.  The unions also point to significant corporate welfare Verizon received recently — a $1.3 billion federal tax rebate paid for by taxpayers.

“These negotiations are all about good jobs,” said CWA District 1 Vice President Chris Shelton. “Companies like Verizon should be investing in rebuilding the American economy, not contributing to the destruction of good, middle-class jobs.”

Verizon appears to be in no hurry to negotiate, cancelling several bargaining sessions last weekend.

During the last strike by Verizon employees in 2000, requests for repair service, installation, and other construction work languished for weeks, so it is very likely consumers with phone or Internet service problems or new order requests will face growing delays the longer the strike lasts.  Union officials plan to move against company plans to reassign managers and workers from other regions with strike protests and what one union official said would be a “blizzard of paperwork.”

Union workers also suggest the quality of repairs and installations done by those pressed into service with little experience may be below standard.

The CWA recommended that union workers and supporters retaliate against Verizon by canceling their phone, Internet, and cell phone service.  That could be an expensive proposition, particularly for wireless customers who would certainly face the prospect of early termination fees.

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Visible strike actions by Verizon workers have served as catnip for local reporters, who are extensively covering the strike up and down the eastern seaboard.  Stop the Cap! has assembled coverage from stations all across the region. (28 minutes)