Communications Litigation Today was a Warren News publication.

Briefs Due Nov. 30 in T-Mobile’s Petition for Review of NLRB Decision

T-Mobile’s opening documents are due Nov. 30 in its petition for review of the National Labor Relations Board’s Sept. 20 finding that the carrier violated Section 8(a)(1) of the National Labor Relations Act when it reprimanded a customer service representative in its Wichita call center for sending union-related emails to her co-workers while on the job, said a clerk’s order Monday (docket 22-1275) at the U.S. Court of Appeals for the D.C. Circuit. T-Mobile’s dispositive motions, if any, are due Dec. 15, said the order. The NLRB faulted T-Mobile for “selectively and disparately enforcing” its work rules prohibiting reps from using T-Mobile’s facility-wide email distribution lists for nonwork business. The NLRB found T-Mobile routinely used the lists to send the reps emails on such nonwork subjects as “free food and hockey tickets, nacho day in the cafeteria, upcoming salsa and lip-syncing contests, deaths in employees’ families, condolence cards, baby showers, and invitations to bowling parties,” said the decision. The allegations arose during a multiyear campaign by the Communications Workers of America to unionize the nearly 600 reps in Wichita, it said.