ATT SE/BST Picketing Instructions

In the event of a strike what are our rights and what can we do.  Please click here to download instructions in PDF.

TO: All Local Presidents and Staff. AT&T Southeast Bargaining Units 

FROM: Judith R. Dennis.Vice President

RE: AT&T SE/BST PICKETING INSTRUCTIONS

In the event of a strike what are our rights and what can we do? AT&T SE/BST (“BST”) is a regionaltelecommunications company that is now a subsidiary of AT&T. For purposes of picketing instructions we are going to consider BST and its “family” as our target and do not want to engage Legacy AT&T, AT&T Mobility or other wholly owned subsidiaries of AT&T.

When picketing BST, picketers must have signs that say CWA “On Strike against AT&T SE/BST,” or something similar.  Picketing can only be done at a BST location or where BST bargaining unit work (“struck work”) is being performed. Any questions, please call CWA staff.

 RESERVE GATES

Federal law protects the rights of CWA striking employees to picket BST.  This includes the right to picket at entrances on company property. However, the law allows BST to set up a separate entrance or reserve gate on its premises that is specifically designated for neutral contractors and/or delivery of supplies that are unrelated to BST’s normal operations. To establish a reserve gate, BST must put up a sign at the designated entrance that clearly states that it is a reserve gate. The sign must clearly and unambiguously indicate the categories of people who may use the gate and who may not.  If BST correctly establishes a reserve gate, the law forbids us from picketing at this enhance. However:

• BST management and other non-Union employees may not use the reserve gate.
• Contracted employees who perform work related to BST’s normal operations[1] are also prohibited from using the reserve gate.
• Customers and deliveries, including pizza, for BST (or related to BST’s normal operations) may not enter through the reserve gate.

If you observe any of the above people or supplies wrongfully entering the reserve gate, inform your picket captain and make sure that all the details are written down: why you believe the gate was “tainted”, who tainted the gate, and at what time[2]   If the gate is tainted multiple times, we may be permitted to picket.   But do not picket the reserve gate unless you have been given instructions to do so.  If BST “cures the taint” by posting new signs and enforcing the reserve gate system, we are no longer permitted to picket the reserve gate

PREM TECHS

Prem Techs have a right to strike just like BST employees. Since they have been bargaining and do not yet have a contract, they have a legally protected right to strike for a contract. Alternatively, they can honor BST picket lines by engaging in what is sometimes referred to as a sympathy strike. In either event the law protects their right to strike.  They, just like BST employees, may not be terminated for engaging in such activity, but they could be subject to being replaced by either temporary or permanent strike replacements. Permanently replaced strikers have recall rights if vacancies are available or when they become available.

THE DO’s AND Don’ts OF PICKETING

1. IT IS YOUR CONSTITUTIONAL RIGHT TO PICKET YOUR EMPLOYER OR JOIN THE PICKET LINE OF A LAWFUL PRIMARY STRIKE AND TO PASS OUT HANDBILLS DURING THAT STRIKE.  PICKETING IS A FORM OF FREE SPEECH PROTECTED BY THE FIRST AMENDMENT.
   1. WHEN YOU ARE PICKETING:
      1. ASK THE PUBLIC TO NOT PATRONIZE THE EMPLOYER, AND ASK PERSONS MAKING DELIVERIES TO THE EMPLOYER TO HONOR YOUR PICKET LINE.  THIS DOES NOT APPLY IF PICKETING IS ONLY “INFORMATIONAL.”
      2. COMMUNICATE WITH CUSTOMERS IN A COURTEOUS MANNER AND ASK THEM FOR THEIR SUPPORT.  TELL THEM ABOUT THE STRIKE.
      3. COOPERATE WITH POLICE OFFICERS AND OBEY THEIR INSTRUCTIONS.  IF THERE IS A PROBLEM, OBTAIN THE OFFICER’S NAME, DEPARTMENT AFFILIATION, AND BADGE NUMBER AND REPORT INFORMATION ABOUT POLICE ACTIONS TO THE PICKET CAPTAIN AND/OR CWA.
      4. MAINTAIN PEACEFUL AND ORDERLY PICKETING.
      5. KEEP MOVING AND MAINTAIN ADEQUATE SPACE BETWEEN PICKETS TO ALLOW FOR ACCESS THROUGH COMPANY ENTRANCES AND GATES.
      6. DO NOT USE FOUL OR ABUSIVE LANGUAGE TO CUSTOMERS OF OTHERS IN VICINITY OF PICKET LINES.
      7. DO NOT THREATEN CUSTOMERS OR OTHERS.
      8. DO NOT PHYSICALLY TOUCH ANY PERSON APROACHING OR CROSSING PICKET LINES.
      9. DO NOT MAKE ANY STATEMENTS TO POLICE, REPORTERS, TV/RADIO, MANAGERS OR SECURITY AGENTS.  REFER ALL QUESTIONS TO THE PICKET CAPTAIN OR CWA.
      10. DO NOT LITTER.  KEEP THE AREA CLEAN.DO NOT DRINK ALCOHOLIC BEVERAGES OR BRING ANY NON-PRESCRIPTION DRUGS WITH YOU TO THE PICKET LINE.
      11. DO NOT INTERFERE WITH TRAFFIC BEYOND WHAT PEDESTRIANS NORMALLY ARE ENTITLED TO DO.

C:         Donald LaRotonda, Asst. to Vice President

            Thelma Dunlap, Administrative Director

            Betty Witte, Administrative Director

            Booker Lester, Administrative Director

            John Quinn, Legal Counsel

[1]    New construction work is considered unrelated to normal operations, while repair and maintenance work is related to normal operations.

[2]The union is also allowed official observers at the reserved gate. Such observers must be clearly identified, but may not have picket signs.