AT&T Services, Inc.

National Labor Relations Board - Unpublished Board Decisions

Aug 15, 2017

13-CA-185708 (N.L.R.B. Aug. 15, 2017)

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