AT&T-BellSouth Workers Challenge Union-Concocted ‘Window Period’ Restrictions on Ending Dues
The following article is from the National Right to Work Legal Defense Foundation’s bi-monthly Foundation Action Newsletter, May/June 2025 edition. To view other editions of Foundation Action or to sign up for a free subscription, click here.
CWA officials trap dissenting workers, but case asks NLRB to declare ‘window period’ restrictions illegal
Jennifer Abruzzo went straight from being a top CWA union lawyer to being General Counsel of the Biden NLRB. Though President Trump fired her, that doesn’t mean that workers don’t still have to battle the anti-freedom policies she advanced.
MIAMI, FL – In August 2024, Communications Workers of America (CWA) union bosses ordered thousands of AT&T employees across the Southeast to abandon their jobs and go on strike. Unsurprisingly, despite union officials’ propaganda surrounding the strike, many workers disagreed with the decision.
“CWA union officials ordered us to abandon our jobs when many of us just wanted to keep working and supporting ourselves and our families,” commented Amanda Marc, a Miami-based worker for AT&T-BellSouth. “That’s bad enough, but now they’re putting up all these roadblocks to try to prevent those of us who don’t like the union’s agenda from stopping our money from flowing to them.”
Marc is referring to a situation that South Florida AT&T-BellSouth workers have been increasingly dealing with in the aftermath of the strike, which came to an end in September 2024. With free legal aid from National Right to Work Legal Defense Foundation staff attorneys, Marc and her coworker Sofia Hernaiz filed unfair labor practice charges against CWA union officials, detailing that the union hierarchy has ignored their requests to cut off dues payments and has continued to siphon money from their paychecks illegally. Additional charges for other AT&T-BellSouth workers are also being filed.
Dues Kept Flowing to Union After Workers Requested Stop
Marc and Hernaiz’s charges point out that CWA officials are imposing a “window period” scheme on workers who want to end financial support, limiting to just ten days per year the time in which workers can demand that dues deductions cease from their paychecks.
“This kind of behavior makes me feel like they’re really just interested in having control over us and taking our money,” Marc added. Marc and Hernaiz filed their charges with the National Labor Relations Board (NLRB), the agency responsible for enforcing federal labor law.
Marc’s charge in particular challenges the practice of imposing “window periods” as violating the National Labor Relations Act (NLRA): While the NLRA unfortunately allows union officials to prevent a worker from revoking his or her dues authorization card for the first year after it is initially signed, Marc’s charge notes that any further restrictions are unlawful.
“The unions have no statutory license to create tricky and arbitrary ‘window periods’ to force unwilling employees to keep paying dues,” Marc’s charges say.
Because Marc, Hernaiz, and their colleagues work in the Right to Work state of Florida, CWA union bosses are forbidden from forcing workers to pay any union dues or fees as a condition of keeping their jobs, though CWA union officials are trying to limit the exercise of this freedom with their window period scheme. In states that lack Right to Work protections, in contrast, union officials can force employees to pay fees to the union or be terminated, meaning even perfect “compliance” with a union boss’s arbitrary window period restriction would not get a worker out of forced union payments.
Marc and Hernaiz’s charges state that they, and many of their coworkers, resigned their union memberships in August 2024, which was around when CWA union officials ordered AT&T-BellSouth workers out on the strike. Despite the women’s requests to end union membership and stop financial support for the union, the charges read, CWA agents never responded to their requests to stop dues deductions, and never even informed them of the window period dates in which they would consider their requests valid.
Even worse, Hernaiz details in her charge that union officials tried to subject her to internal union discipline for not participating in the strike. Under federal law, union bosses cannot impose union proceedings on workers who are not union members. Foundation attorneys are in the process of aiding other AT&T-BellSouth workers targeted by such illegal discipline.
No Legal Justification for ‘Window Periods,’ New NLRB Should Toss Policy
“Federal labor law is supposed to protect the right of workers to decide freely whether they want to join or financially support a union,” commented National Right to Work Foundation President Mark Mix. “So-called ‘window periods’ exist only to restrict this freedom just so union officials can continue to funnel dues money from workers’ pockets straight into union agendas.
“The NLRB under the new Administration should recognize that this practice contradicts both worker freedom and federal law, and end it accordingly,” Mix added.
Third AT&T-BellSouth Worker Hits CWA Union With Federal Charges, Challenges Thousands in Illegal Strike Fines
Newest charge challenges union boss $5,300 strike fine demand, while other workers challenge CWA union officials’ restrictive dues collection tactics
Miami, FL (March 28, 2025) – Henry Gonzalez, an employee of AT&T-BellSouth in Miami, has just hit the Communications Workers of America (CWA) union in his workplace with federal charges – the third worker to do so in just a month. Gonzalez’s charges, which were filed at the National Labor Relations Board (NLRB) with free legal aid from the National Right to Work Legal Defense Foundation, describe how CWA union officials are wrongfully targeting him with thousands of dollars in disciplinary fines for not participating in a strike.
The NLRB is the federal agency responsible for enforcing private sector labor law and investigating and prosecuting unfair labor practices. Under federal labor law, union officials can mete out internal strike discipline only on employees who are formal members of the union. A worker who ends his union membership before exercising his right to continue working during a strike action cannot be punished by the union hierarchy. Gonzalez maintains that he resigned his union membership, yet union bosses still slammed him afterward with illegal fines in excess of $5,000.
In addition to preventing union bosses from imposing discipline on workers who have abstained from union membership, federal labor law and U.S. Supreme Court decisions like NLRB v. General Motors protect workers’ right to freely maintain or end union membership.
Freedom to resign union membership is also protected at the state level in Florida by the state’s Right to Work protections, which forbid union officials from forcing private sector workers to join or pay union dues or fees just to keep their jobs. This is in contrast to forced-unionism states, in which union bosses can require all employees in a workplace, even those who are not union members or who are otherwise opposed to the union, to financially support some union activities.
Within the past month, Miami-based AT&T-BellSouth employees Sofia Hernaiz and Amanda Marc have also filed unfair labor practice charges against the CWA union. Hernaiz and Marc, who have also opted out of union membership, both maintain that union officials are enforcing confusing “window periods” that restrict to just a few days per year when workers can revoke their consent to union dues deductions. Marc’s charge maintains that window periods violate federal labor law because they force unwilling workers to subsidize unwanted unions. Hernaiz’s charge also reports unlawful post-strike discipline similar to Gonzales’.
“Principled, independent-minded workers at AT&T-BellSouth are increasingly deciding that they will not take CWA union officials’ arbitrary restrictions and coercive ‘discipline’ sitting down,” commented National Right to Work Foundation President Mark Mix. “Big Labor union bosses and their cronies on the NLRB have for decades been trying to contort federal labor law to favor their own power and influence over workers’ freedom, especially during the Biden Administration. Foundation-backed workers in Florida and across the nation are fighting to reverse this trend.”
Second AT&T BellSouth Worker Hits CWA Union With Federal Charges for Illegally Seizing Worker Money
Employee challenges coercive union tactic of restricting when workers can cut off union financial support
Miami, FL (March 17, 2025) – Amanda Marc, an employee of AT&T BellSouth Communications, has filed federal charges against the Communications Workers of America (CWA) union and its local affiliates, maintaining that CWA union officials are imposing illegal restrictions on her and her coworkers’ right to opt out of union dues payments. Marc filed her charges with the National Labor Relations Board (NLRB) with free legal aid from the National Right to Work Legal Defense Foundation.
The NLRB is the federal agency responsible for enforcing federal labor law, which includes investigating and prosecuting unfair labor practices and administering votes to install or remove unions in workplaces. Marc’s charges challenge the CWA union’s use of “window period” restrictions to limit to just ten days per year the time in which workers can demand that dues deductions cease from their paychecks. Window periods are widely used by union officials as a way to keep money flowing from dissenting workers towards the union’s agenda, and Marc’s charges seek a ruling that this practice is unlawful under federal labor law.
Marc’s charges contend that while federal labor law permits dues deduction authorization documents to be irrevocable for one year after employees initially sign them, any further window periods or other restrictions on workers’ legally-protected right to cut off dues after that period has elapsed violate the National Labor Relations Act:
“It is unlawful to have any window period for revocations after the first year of the payroll deduction authorization form. [Federal labor law] does not contain any reference to ‘window periods’…The unions have no statutory license to create tricky and arbitrary ‘window periods’ to force unwilling employees to keep paying dues.”
Because Marc and her colleagues work in the Right to Work state of Florida, CWA union bosses are forbidden from forcing workers to pay any union dues or fees as a condition of keeping their jobs, though CWA union officials are ostensibly trying to cabin the exercise of this freedom with their window period scheme. In states that lack Right to Work protections, in contrast, union officials can force employees to pay fees to the union or be terminated, meaning even perfect compliance with a union boss’s arbitrary window period restriction would not completely free a worker from union payments.
AT&T Worker Joins Colleague in Revealing Blatantly Illegal CWA Dues Deduction Practices
Marc’s charges state that she and many of her coworkers resigned their union memberships in August 2024, which was around when CWA union officials ordered AT&T BellSouth workers out on a strike. Despite Marc’s requests to end union membership and stop financial support for the union, the charges read, CWA agents never responded to either demand, and never even informed Marc of the window period dates in which they would consider her requests valid.
In addition to challenging the use of window periods as a whole, Marc’s charges point out several other unlawful aspects of CWA bosses’ union dues collection scheme, including a requirement that dues revocation requests be made “by individual letters sent by certified mail only.” CWA union bosses also failed to inform employees that, by law, they have an opportunity to opt out of union dues deductions on the anniversary date of when they signed the dues checkoff and aren’t just restricted to the arbitrary window period imposed by the union.
Marc’s filing comes just days after Foundation attorneys submitted federal charges against CWA union bosses on behalf of another AT&T BellSouth worker, Sofia Hernaiz. Hernaiz declares in her charges that CWA union officials tried to subject her to internal discipline for not participating in the August 2024 strike, even though she had resigned her union membership beforehand and by law can’t be subject to such proceedings. Similar to Marc, Hernaiz also details that CWA union officials did not acknowledge her attempt to cut off dues deductions to the union, nor informed her of what the union’s window period restrictions were.
“Ms. Marc, in standing up for her and her coworkers’ freedom to stop subsidizing unwanted CWA union officials, is also mounting an unprecedented challenge to the ‘window period’ gambit. This scheme has been manipulated by union officials across the country to yank financial support out of unwilling workers for far too long,” commented National Right to Work Foundation President Mark Mix. “Forthcoming NLRB Trump appointees should use cases like this to rule that such practices that serve only to enrich union boss hierarchies are unlawful.
“It is time to reorient the Board’s mission toward defending the individual right of every American worker to associate or dissociate with a union as he or she pleases,” added Mix. “For too long, NLRB officials have rigged federal law to enhance union boss power at the expense of the rights and freedoms of the very workers the Act purports to protect.”
AT&T BellSouth Worker Slams CWA Local 3122 With Federal Charges for Imposing Illegal Discipline, Dues Demands
Post-strike, union tried to subject worker to internal union punishment despite her ending her formal union membership before the union-ordered strike
Miami, FL (February 27, 2025) – An employee of AT&T BellSouth Telecommunications has hit the Communications Workers of America (CWA) union and its affiliates with federal charges maintaining that union officials are targeting her with internal union discipline for not participating in a strike – despite the fact that she resigned her union membership beforehand.
The worker, Sofia Hernaiz, filed the unfair labor practice charge at the National Labor Relations Board (NLRB) with free legal aid from the National Right to Work Legal Defense Foundation. The NLRB is the federal agency responsible for enforcing private sector labor law and investigating and prosecuting unfair labor practices.
Hernaiz’s charge follows a strike ordered by CWA union bosses against AT&T BellSouth, which occurred August 2024. Under federal labor law, union officials can mete out internal strike discipline only on employees who are formal members of the union. A worker, like Hernaiz, who ends her union membership before exercising her right to continue working during a strike action cannot be punished by the union hierarchy.
Hernaiz also states in her charge that, in the process of revoking her membership, she additionally sent communications revoking her union dues “checkoff” authorization, which is a form that permits union bosses to deduct union dues directly from an employee’s paycheck. Despite NLRB precedent requiring the union to do so, Hernaiz’s charges say that CWA union bosses did not provide Hernaiz her dues checkoff, and also did not tell her the time intervals in which she could submit her revocation in order to make it effective. Such a scheme, often known as a “window period” or “escape period” scheme, is frequently used by union bosses to continue taking dues money from the wages of workers who have already expressed their opposition to the union.
Because of Florida’s popular Right to Work law, no worker subject to the NLRB can be forced to pay union dues or fees just to keep his or her job. This is in contrast to forced-unionism states, in which union bosses can require all employees in a workplace, even those opposed to the union, to financially support union activities or else be fired.
However, in both Right to Work and forced-unionism states, union bosses still have the power to impose their one-size-fits-all “representation” over every employee in a workplace, even over employees that voted against or otherwise oppose the union. Even in Right to Work states where legally dues payment must be voluntary, union officials frequently use dues authorization cards to attempt to trap workers in union payments.
Foundation Attorneys Helped Hundreds of AT&T Mobility Workers Escape CWA Control Last Year
Last year, Foundation attorneys helped hundreds of AT&T Mobility workers in California, Tennessee, Louisiana, Mississippi, and Texas remove CWA union officials who had subjected them to aggressive “card check” unionization campaigns. Under card check, union officials deny workers their right to vote in secret on the union and can instead pressure workers face-to-face into signing union authorization cards which are later counted as “votes.” After AT&T Mobility workers in those states had submitted valid petitions requesting union removal votes, CWA union officials abandoned each work unit before the votes could take place – likely anticipating defeats.
“CWA union officials continue to impose unpopular agendas on the workers they claim to ‘represent,’” commented National Right to Work Foundation President Mark Mix. “Ms. Hernaiz just wants to exercise her rights under Florida’s Right to Work law to end her union membership and stop financial support to the union because she opposes the union’s agenda. But CWA union officials are trying to concoct ways to punish her for not going along with the union’s strike order and keep her money flowing into union coffers against her will.
“Instead of relying on voluntary worker support to carry out their aims, CWA union officials went for illegal coercion, and our attorneys will defend Ms. Hernaiz’s rights,” Mix added.
Majority of Miami XPO Logistics Employees Vote to Oust Teamsters Union
Miami employees’ union decertification vote follows several other recent votes by XPO Logistics employees across country to remove Teamsters union officials
Miami, FL (June 27, 2023) – Martin Garcia and his coworkers at XPO Logistics’ Hialeah, FL, location have voted to remove Teamsters Local 769 union officials from their workplace. Garcia and his colleagues received free legal assistance in their effort from National Right to Work Legal Defense Foundation staff attorneys.
Garcia filed a union decertification petition at National Labor Relations Board (NLRB) Region 12 on May 19, which contained the signatures of enough of his colleagues to prompt the NLRB to hold a union decertification vote. The NLRB held the vote among Garcia and his colleagues on June 21, in which a majority voted to end Teamsters officials’ monopoly bargaining control over the facility.
Workers often turn to the National Right to Work Foundation for free legal aid in exercising their right to vote out an unpopular union because the NLRB’s process for doing so is convoluted and prone to union boss gamesmanship. Because Garcia and his colleagues work in the Right to Work state of Florida, they had the freedom to refuse to pay dues or fees to the Teamsters union while it was imposing its one-size-fits-all “representation” over all workers. In non-Right to Work states, in contrast, workers can be forced to pay dues or fees to a union they oppose as a condition of getting or keeping a job, and a decertification vote is the only way to end both forced dues and union monopoly representation.
“Teamsters officials didn’t listen to us and didn’t represent our interests in the workplace,” Garcia said. “My coworkers and I decided that the best way forward was to vote them out, and we’re glad we could get legal aid from the National Right to Work Foundation in exercising our rights.”
XPO Logistics Workers Increasingly Seek to Escape Union Ranks with Foundation Aid
Garcia’s effort is just the most recent in a string of successful Foundation-backed union decertification efforts by XPO Logistics employees against Teamsters union officials. Recent victories include Teamsters decertifications in Cinnaminson, NJ, Los Angeles, CA, Albany, NY, and other XPO Logistics locations.
Most recently, Albany-based XPO Logistics truck driver William Chard submitted a union decertification petition backed by his coworkers in December 2022, seeking a vote to remove Teamsters Local 294 union officials. As opposed to sticking around and witnessing what would have likely been an embarrassing election loss, Local 294 officials filed paperwork ending their control over Chard and his coworkers just days after the petition’s filing.
Similarly, in October 2021, Teamsters Local 87 union officials avoided facing rejection from Juan Rivera and his coworkers at a Bakersfield, CA, XPO Logistics facility by disclaiming interest in the work unit shortly after Rivera filed a decertification petition. Because both Chard and Rivera hail from the non-Right to Work states of New York and California, decertification was the only way workers could remove both unwanted union “representation” and end union officials’ forced-dues demands.
“Teamsters officials have a well-earned reputation for seeking power, money, and political clout over looking out for employee interests, so it’s unsurprising to see so many workers seeking to exercise their rights to vote them out,” commented National Right to Work Foundation President Mark Mix. “But this trend goes even beyond the Teamsters, as employee attempts to decertify unions are spiking across the country.”
“Unfortunately, even as employees increasingly realize that their interests diverge from union boss agendas, Big Labor allies in the Biden Administration are seeking to make it harder than ever for workers to exercise their right to oust an unpopular union,” Mix added. “Foundation attorneys will continue to aid American workers in defending their individual rights, and will oppose attempts by Big Labor to rig the legal landscape against workers.”
