November 13, 2018

By Joe Maniscalco

New York, NY – Cable-TV giant Charter Communications is pushing ahead with efforts to decertify IBEW Local 3, even as efforts to end the punishing 19-month-old Spectrum strike reportedly continue, and a second audit of its Franchise Agreement with NYC is expected this Friday.

Attorneys for Charter Communications, on October 30, submitted paperwork to the National Labor Relations Board challenging Acting Regional Director Nicholas H. Lewis’ earlier decision to hold a petition to decertify the union in abeyance pending the resolution of a trio of unfair labor practices charges.

Charter’s lawyers told the NLRB that the acting regional director “departed from officially reported Board precedent” and acted “arbitrary and capricious” in blocking the decertification petition.

A petition to decertify the union was filed by a highly suspect employee named Bruce Carberry two months after Local 3’s strike against Charter/Spectrum began on March 28, 2017.

Despite the Carberry controversy, the NLRB issued a “Decision and Direction of Election [DDE”] on June 18. That DDE was then blocked, however, due to the existence of the unfair labor practices charges.

On October 15, Acting Regional Director Lewis told Charter, “Based upon an evaluation of all the circumstances involved in these cases, including the evidence secured during the investigation of these cases, I have concluded that the procession of the [decertification] petition in this matter should continue to be held in abeyance pending disposition of the related unfair labor practice charges.”

Charter Communications is now calling on the NLRB to “Overrule the decision to hold in abeyance the processing of the Petition; and order the Regional Director to proceed, forthwith, to conduct the election based on the Regional Director’s June 18, 2018 Decision and Direction of Election.”

Local 3, however, has since filed paperwork of its own, calling on the NLRB to reject Charter’s bid to try and push the decertification forward.

Charter Communications’ future in New York remains to be seen as it continues to fight fraud lawsuits, notices of default and orders to leave the state.

Completion of a second New York City Department of Information Technology and Telecommunications (DoITT) audit of Charter Communications’ Franchise Agreement with NYC is expected November 16.