NLRB Schedules Hearing for AT&T Broadband Cable Worker
Worker fired after being called up for active military duty
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Dermis Hernandez, BSST 1 Cable Tech & Soldier |
Dermis Hernandez, a Broadband Sales and Service Technician 1 (BSST 1) in Hialeah, Florida, was fired last year by AT&T Broadband after he told his supervisor that he had been called to active duty following the Sept. 11 attacks. Following a complaint by CWA, the National Labor Relations Board (NLRB) issued a complaint against the company and set a hearing date for early next year.
Dermis, a union activist who had helped lead his coworkers' successful union organizing campaign at the company, has recently returned to civilian life after serving 8 months with the Navy at U.S. facilities in Guantanamo Bay, Cuba.
On Nov. 12, 2001, Hernandez told his supervisor that he was being called to active duty on November 19. The supervisor responded that Hernandez needed to give AT&T Broadband at least 2 weeks' notice. Hernandez said that he had just found out himself.
The company asked for a copy of his orders and Hernandez agreed, traveling to a military facility in a company vehicle. The orders were not yet ready, so Hernandez returned to work. When he returned to the company, he was told that he had been seen away from his work area and was discharged.
“This is why we organized a union. We have our rights by law, but if we don’t join together to enforce them, the company will just run over us."
Dermis reported for active duty in Cuba. While he was serving his country, his union, CWA Local 3121, was working on his behalf. When management refused to reconsider, CWA filed charges on Hernandez's behalf with the National Labor Relations Board.
The NLRB determined that the company acted improperly and requested the company to reinstate the worker. When the company refused, the NLRB scheduled a hearing.
“This is why we organized a union,” said Hernandez. “We have our rights by law, but if we don’t join together to enforce them, the company will just run over us." This is Hernandez second tour of duty, the first being with the U.S. Navy from 1996 to 1999. He is the first member of his family to serve in the U.S. armed forces.
