More than 20,000 AT&T workers are on strike in nine southeastern states. (Image: CWA Local 3)

AT&T customers in nine southeastern states can expect long delays getting new service installed and existing service repaired as a result of a strike by AT&T workers that began last weekend.

More than 20,000 AT&T technicians and customer service personnel that belong to the Communications Workers of America walked off the job on Saturday citing unfair working conditions including reduced paid sick time, increased responsibilities for overworked technicians, a mandatory requirement that employees be ready to report to work anytime day or night, and other work and benefit changes.

CWA officials claim their last official pre-strike talks with company officials were held August 20. A decision to strike was taken after AT&T sent corporate labor relations experts to the bargaining table with no authority to make contract decisions, which the union called “disrespectful.”

“It turns out that for over three months, we have been bargaining with people who do not have the real authority to make proposals or to reach an agreement with us,” officials at CWA Local 3 complained. “AT&T has also changed to rules of the game by changing our agreement about how we meet and bargain. As a result, CWA was forced to file unfair labor practice charges against AT&T for bargaining in bad faith.”

The strike affects AT&T residential and business customers in Alabama, Florida, Georgia, Kentucky, Louisiana, Mississippi, North Carolina, South Carolina and Tennessee. Customers started noticing the impact of the strike almost immediately.

“My son started UAB today, and my daughter is starting school tomorrow,” said AT&T customer Cynthia Young in Clay, a suburb of Birmingham, Ala., who lost service a few days ago. “Everything they do nowadays is on Google Classroom or some other platform on the internet.”

Young told WBRC-TV that an AT&T technician did not appear for a scheduled repair call, and the company is now giving her and other customers “the runaround.”

“No one called. We had a scheduled appointment. I understand things are going on but someone could have called, or, I could have gotten a text message saying, ‘due to unforeseen circumstances we could not keep your appointment. We will be in contact with you to reschedule’. You know, something that’s just good business,” complained Young.

Another Birmingham customer was told repair appointments now take more than a week, and her last appointment resulted in a no-show by AT&T technicians.

AT&T claimed it was surprised by CWA’s decision to strike, which the company says came without warning.

“We’re surprised and disappointed that union leaders would call for a strike at this point in the negotiations, particularly when we’re offering terms that would help our employees,” AT&T said in a statement. “We remain ready to sit down with union leaders to negotiate a new, improved contract for our employees. We listen, engage in substantive discussions and share proposals back and forth until we reach agreement. We are prepared for a strike and in the event of a work stoppage, we will continue working hard to serve our customers.”

The workers four-year contract with AT&T expired on Aug. 3, but both sides agreed to continue talks to find a compromise. The decision to strike came after union officials learned they were negotiating with company representatives that had no authority to negotiate. CWA said further talks were pointless until AT&T sent negotiators that can sign a new agreement.

AT&T employees in the affected region tell Stop the Cap! that service calls are being managed by some managers and supervisors until out of area contractors and employees can be brought in. Only high priority outages and urgent maintenance work is being completed. Routine service calls and new installations are being scheduled more than a week out or postponed altogether. If the strike lingers into several weeks, customers should be prepared for no-show service calls and additional delays.

WAGA in Atlanta interviews a CWA representative about what AT&T is offering vs. what they are distorting in their PR campaign. (2:18)

WXIA in Atlanta visits an AT&T picket line and explains what the strike is all about. (2:08)

WBRC in Birmingham, Ala. reports some AT&T customers are finding long delays getting service installed or repaired. (2:04)

 James

New York Attorney General Letitia James and California Attorney General Xavier Becerra today filed an unusual multi-state lawsuit, along with eight other State Attorneys General to halt the proposed merger of telecom giants T-Mobile and Sprint, deciding not to wait for a decision from the Department of Justice, which is also reviewing the merger. The complaint, filed in the federal Southern District of New York court in coordination with Colorado, Connecticut, the District of Columbia, Maryland, Michigan, Mississippi, Virginia, and Wisconsin alleges that the merger of two of the four largest national mobile network operators would deprive consumers of the benefits of competition and drive up prices for cellphone services.

“When it comes to corporate power, bigger isn’t always better,” said Attorney General Letitia James. “The T-Mobile and Sprint merger would not only cause irreparable harm to mobile subscribers nationwide by cutting access to affordable, reliable wireless service for millions of Americans, but would particularly affect lower-income and minority communities here in New York and in urban areas across the country. That’s why we are going to court to stop this merger and protect our consumers, because this is exactly the sort of consumer-harming, job-killing megamerger our antitrust laws were designed to prevent.”

“Although T-Mobile and Sprint may be promising faster, better, and cheaper service with this merger, the evidence weighs against it,” said Attorney General Xavier Becerra. “This merger would hurt the most vulnerable Californians and result in a compressed market with fewer choices and higher prices. Today, along with New York and eight other partner states, we’ve filed a lawsuit to block this merger and protect the residents of our state.”

The states departed from traditional courtesies in the case, deciding to launch a pre-emptive legal challenge to the transaction without providing Justice Department officials advance notice of their decision to sue. That decision may have come after FCC Chairman Ajit Pai gave his full support for the merger, with indications the Republican majority on the FCC would also vote in favor of approving the deal. Staffers in the Antitrust Division of the Justice Department object to the merger, and are recommending it be rejected. But the Justice Department’s unpredictability, and its poor track record trying to block the AT&T-Time Warner (Entertainment) merger in court may have pushed the state attorneys general to also act on their own.

T-Mobile USA and Sprint are the third and fourth largest mobile wireless networks in the U.S., and are the lower-cost carriers among the “Big Four” — with market leaders Verizon Wireless and AT&T controlling the larest share of the wireless market. Intense competition, spurred in particular by T-Mobile and Sprint, has delivered declining prices, increased coverage, and better quality for all mobile phone subscribers. According to the Labor Department, the average cost of mobile service has fallen by roughly 28 percent over the last decade, while mobile data consumption has grown rapidly. The merger, however, would put an end to that fierce competition, argue the attorneys general, which has delivered a great number of benefits to consumers.

States with large urban poor communities are particularly sensitive to the merger, because both T-Mobile and Sprint focus their coverage on urban areas. With the average U.S. household spending $1,100 annually on wireless phone service, even small rate increases can dramatically increase service suspensions or disconnections due to late or non-payment.

“Low-and moderate-income (LMI) New Yorkers put a greater share of their household income toward their phone bill, and when you are looking at a budget that is already stretched thin, every dollar counts,” said Mae Grote, CEO of the Financial Clinic. “Cellphones now not only give us the ability to communicate with friends and family, here and abroad, but are increasingly the way we engage with many critical services. Our customers use cellphone apps to access public information, send and receive money, manage their SNAP benefits, look for a job, and even communicate with their doctors, and maintaining competition in the market for this critical service ensures LMI consumers have the same access to quality, affordable service as the more financially secure. The Clinic is proud to advocate on behalf of the communities we serve to protect their inclusion in the modern economy.”

The attorneys general investigation laid bare many of the alleged merger benefits offered by T-Mobile and Sprint to win approval of the merger. The group found many of the claimed benefits were completely unverifiable and were likely to be delivered years into the future, if ever. But within weeks of approving such a merger, the companies would have an immediate incentive to raise prices and reduce service quality. Sprint’s network, in particular, was scheduled to be largely mothballed as a result of the merger, even though Sprint provides coverage in some areas that T-Mobile does not. Although the two companies could identify several self-serving deal efficiencies that would reduce their costs and staffing needs, there is no evidence the merger would deliver consumers lower prices and were outweighed by the merger’s immediate harm to competition and consumers.

Additionally, the merger would harm thousands of hard-working mobile wireless independent dealers in New York and across the nation. The ten states are concerned that further consolidation at the carrier level would lead to a substantial loss of retail jobs, as well as lower pay for these workers in the near future.

Becerra

“CWA applauds the Attorneys General and especially General Letitia James’ leadership in taking decisive action today to prevent T-Mobile and Sprint from gaining anti-competitive power at the expense of workers, customers, and communities,” added Chris Shelton, president of the Communications Workers of America (CWA). “Reducing the number of national wireless carriers from four to three would mean higher prices for consumers, job loss for retail wireless workers, and downward pressure on all wireless workers’ wages. The states’ action today is a welcome development for American workers and consumers, and a reminder that regulators must take labor market concerns seriously when evaluating mergers.”

Before filing suit, the states gave significant consideration to T-Mobile and Sprint’s claims of increased coverage in rural areas. However, T-Mobile has yet to provide plans to build any new cell sites in areas that would not otherwise be served by either T-Mobile or Sprint. As stated in the complaint, the U.S. previously won the “race to LTE” as a direct result of vigorous competition among wireless carriers. Finally, continued competition, not concentration, is most likely to spur rapid development of a nationwide 5G network and other innovations.

“This merger is bad for competition, and it is bad for consumers, especially those living in or traveling through rural areas, who will experience fewer choices, price increases, and substandard service,” stated Carri Bennet, general counsel for the Rural Wireless Association. “We are pleased that the New York Attorney General, along with nine states have filed their lawsuit to block the merger. The process at the FCC has not been transparent and the FCC appears to be blindly accepting New T-Mobile’s words as truth.”

The complaint was filed under seal, because it contains unredacted confidential information, in United States District Court for the Southern District of New York.  A redacted copy of the lawsuit is likely to be made available later.

T-Mobile currently has more than 79 million subscribers, and is a majority-owned subsidiary of Germany’s Deutsche Telekom AG. Sprint Corp. currently has more than 54 million subscribers, and is a majority-owned subsidiary of Japan’s SoftBank Group Corp.

Spectrum workers on strike during the 2017 Labor Day parade in New York City. (Image courtesy: IBEW/Local 3)

New York City officials are giving Charter Communications 10 days to send $6 million in unpaid franchise and royalty fees or make a strong and credible case for why it shouldn’t pay, with likely litigation and the possible non-renewal of Spectrum’s contract to supply cable service on the line if the mayor isn’t satisfied.

In a letter addressed to Charter CEO Thomas Rutledge, New York Mayor Bill De Blasio accused the company of deliberately shorting the city’s share of revenue from Spectrum’s advertising sales, calculating the city’s cut based on the lower net amount collected after expenses, instead of on gross revenue, as the contract requires. The mayor also claims Charter is withholding royalty revenue from an ancillary business Charter partly owns.

“Charter Spectrum has proven time and time again that they’re unwilling to play by the rules,” the mayor told the Daily News. “This is money that can be reinvested in our communities instead of going into Charter’s coffers as they continue to hike rates for New Yorkers. [This latest] default is another thing we’ll take into consideration when their contract expires in 2020.”

Charter’s Endless Labor Problems Upset New York Officials

Charter is already in hot water with New York officials over its treatment of workers represented by the International Brotherhood of Electrical Workers (IBEW) Local 3, which have been on strike since March 2017. The highly skilled technicians were incensed when they learned hard-fought benefits were being clawed back by Charter, even as the company paid its CEO a record-breaking $98 million in compensation.

Mayor de Blasio

Over 1,800 middle class workers represented by IBEW Local 3 have suffered greatly over the past two years, according to labor reports. Many have had to cash in retirement savings, some have lost their cars or homes to foreclosure, others face mounting medical bills, in addition to family pressure at home. The union argues it is one of the last bastions to protect all middle-income earners from a race to the bottom mentality that is reducing wages and benefits. When a union worker is replaced with a less-skilled contractor, the pay and benefits Charter offers are significantly lower. Those technicians, regardless of their intentions, are also often poorly trained and risk alienating customers when repairs are incomplete or fail.

Many politicians in New York City have sided with the union strikers and have deplored the seemingly endless strike. Time Warner Cable, in contrast, had reasonably good relations with its unionized workforce. Prior to the merger, the biggest cable vs. labor union friction in the city was between the Communications Workers of America and Cablevision, which began after the CWA started organizing workers in Brooklyn and the Bronx in 2012.

With the Charter dispute approaching its second anniversary, the cable company has been spending subscriber dollars on a slick effort to convince its replacement workers to team up with the cable company to vote for decertification of IBEW Local 3 with the National Labor Relations Board.

Ironically, the same company that has dragged its feet settling the dispute has sent email to replacement workers claiming the union has done a lousy and ineffective job… of wearing down Charter.

In a Jan. 31 internal email obtained by In These Times, Charter Communications regional vice president of New York City operations, John Quigley, told workers, “In my opinion, Local 3 has not earned the right to represent you. Over the past several years they have misled their members, led them out on a strike without a clear plan, mishandled almost every aspect of the strike, made it very clear what they think of employees who are working with us today, and continue to make empty threats about harming our business. We hope that you vote ‘no’ and give us a chance to continue to make Charter a great place to work together.”

Race to the Bottom for Workers, Higher Rates for You

If Charter is successful in organizing replacement workers to side with the cable company and vote in larger numbers than the strikers, the current union representation will essentially end, along with the strike, handing total victory to Charter Communications. The cable company will likely impose its own terms on workers shortly afterwards. Critics claim that should be a familiar story for Spectrum subscribers.

“The company is basically union busting in New York City, and they’ve come in, raised rates on people and set their own terms because they hold a monopoly right now and there’s really no one to stop them from doing what they’re doing,” Troy Walcott, a striking worker, told In These Times.

With ongoing controversies with Charter on both the state and local levels, the company is likely to face increased scrutiny if the cable operator applies for a franchise renewal with the city next year, assuming state regulators do not move to enforce their own July 2018 decision to effectively kick Charter Communications out of New York State.

AT&T began laying off thousands of workers Monday, mostly targeting highly skilled and highly paid long-time AT&T employees nearing retirement age.

Many of those laid off this week worked in the company’s wireline division, which supplies landline phone service, fiber and copper-based internet service for residential and commercial customers, and AT&T’s Foundry “innovation” centers. Other affected units include AT&T Technology & Operations, Mobility, Construction and Financing, Entertainment Group, Global Supply, Finance, and DTV (DirecTV).

Many of those targeted for layoffs were approaching 30 years with AT&T, part of an important benchmark allowing employees to retire with maximum benefits. Those who did not quite make it will be offered two weeks pay for every year of service in severance instead, capped at a maximum of six months pay. Affected employees must leave AT&T by Feb. 18 or accept, when available, an alternate position at the company if one can be located within 50 miles of the current job location.

Last year, AT&T claimed that as a result of the passage of significant corporate tax cuts signed into law by President Trump, the company would hire at least 7,000 new workers and invest up to $1 billion in its business. AT&T claims it has already exceeded those commitments, hiring more than 20,000 new employees last year and more than 17,000 the year before, although the company would not confirm if those workers were directly hired by AT&T and in the United States. The Communications Workers of America reports that AT&T eliminated 10,700 union jobs from its payroll in 2018, with at least 16,000 employees replaced by offshore workers. The company had 273,210 employees as of August 2018.

In a leaked internal memo from AT&T’s vice president of technology and operations, Jeff McElfresh warned AT&T would be laying off a significant number of workers this year. The company is seeking a “geographic rationalization” of its current employees to cut a “surplus” of workers.

“To win in this new world, we must continue to lower costs and keep getting faster, leaner, and more agile,” McElfresh told employees. “This includes reductions in our organization, and others across the company, which will begin later this month and take place over several months.”

The wife of one “surplus” worker described how an AT&T manager ended her husband’s 29-year career at AT&T in a scripted, four-minute phone call.

“My husband had 29 years with the company. [He] has been a fiber and copper splicer, engineer, ran a construction crew, and has been an instructor as the subject matter expert in over 50 courses for the last 18 years,” she shared. “His boss called him this morning […] and in less than four minutes told him he was out. Twenty-nine years and you get a call that takes less than 4 minutes?”

Some workers unaffected by the current round of layoffs fear that AT&T gutted some of its most experienced and qualified talent, and worries about the future competence of AT&T to manage its business.

“We lost so many people throughout our work groups that there is no way I can see us being able to support the systems going forward. Can’t happen,” one employee shared. “We even lost people that were in one deep slots without any thought about the impact. Some positions that flat out require multiple people just to support the existing volume of support work and new projects have been reduced to one or less headcount.”

A dispute is emerging in New York between Sprint and T-Mobile and the Communications Workers of America (CWA) and pro-consumer group the Public Utility Law Project (PULP) over the wireless companies’ attempt to argue for their merger deal in a partly secretive filing not open to review by the public.

In a joint letter signed by Richard Brodsky, on behalf of the CWA and Richard Berkley, on behalf of PULP, the two groups argue Sprint’s initial summer filing promoting its merger did not come close to meeting the state’s burden of proof that allowing the two companies to join forces would be good for New York consumers. But even worse, the two wireless companies are now trying to introduce new arguments in favor of their merger, while redacting them from public view and comment.

“The use of the public comment process to recast the Petition, to attempt to repair the fatal defects in the Petition, and to insulate this new information from public comment is fundamentally unfair,” the two men wrote. “This maneuver deprives Parties of the opportunity to respond to the full set of arguments and assertions made by the Joint Applicants; it undermines the usefulness and value of the public comment policies so fundamental to the Commissions’ history and values and the proper conduct of a rulemaking proceeding; it is not contemplated by Commission rules; and it sets a precedent for future misuse of comments to short-circuit full public analysis.”

The companies filed what they called “comments” on Nov. 16. Detailed information about how the merger will impact on New York consumers was left redacted:

Sprint and T-Mobile’s arguments regarding the consumer benefits of its merger for New Yorkers remain a public mystery. The companies redacted this submission to keep the prying eyes of average consumers from reading it.

The CWA and PULP are asking the Commission for an order that:

1) Requires the Joint Applicants to provide unredacted submissions or to withdraw any document relying on redactions; and/or
2) Convenes an evidentiary hearing permitting examination and testimony relating to the Petition and the submission; and/or
3) Grants our previous request for a formal Public Hearing on the Petition and the submission; and/or
4) Removes from the record the Joint Applicants’ November 16 submission from the record; and/or
5) Extends the deadline for Notice and Comment in the October 19 Order to December 15, 2018; and/or such other relief as the Commission may order.

The merger of the two wireless companies requires state and federal approval. Alaska, Colorado, Delaware, Georgia, Louisiana, Maryland, Minnesota, Nevada, Texas, Utah, West Virginia and the District of Columbia have already essentially “rubber-stamped” approval of the merger deal with little comment. Pennsylvania regulators submitted a series of questions that the two companies answered earlier this week.

Sprint and T-Mobile are having a tougher time dealing with regulators in New York and New Jersey, however — the two most likely to either deny approval or impose significant deal conditions in approving the transaction. A review is pending in California, which routinely asks a lot of questions but rarely opposes telecommunications company mergers. Hawaii and Mississippi will also examine the merger in the near future, but neither are expected to oppose it.

New York regulators are likely to consider the impact of the merger on the availability of affordable cellphone plans, the Lifeline program that offers discounted phone service for the poor, and how the transaction will affect rural wireless service in upstate New York.