Jan Jones

Sanford, Fla. Cingular Wireless

Jan Jones

Jan Jones of Sanford, Fla.,  has had one of the most unusual experiences of any worker in the country. When she and her fellow workers wanted a union, their employer actually played fair. It was a revealing experience. It gave her a preview of how it would be throughout America if the Employee Free Choice Act were the law.

It started in 2005, when Jones was a customer service rep for the anti-union AT&T Wireless. The company was bought out by the very different Cingular Wireless, which had been unionized for some time. After Jones and others in the old AT&T Wireless found themselves on the Cingular Wireless payroll, they were in touch with the Communications Workers of America (CWA). Most employers launch a frontal attack on workers seeking a union, but not Cingular Wireless.

"Once we showed enough interest in the union," Jones recalls, "the company allowed them to talk to the union reps. We would go over and ask questions about what it would mean to be in a union, what it would bring. The company was neutral. They were open enough to allow the union to come in. They allowed us to make the decision about whether we wanted a union, and they allowed us to get informed to make it."

The mechanics of employee choice were straightforward. "The union would offer us cards to sign saying we wanted to be represented by the CWA," she says. By December 2005, a solid majority of the workers had signed cards. The cards were then sent to the American Arbitration Association, just as management and the union had previously agreed. The AAA verified majority support for the union, and the following month, the workers had their union.

In Jones' view, the employer's neutrality—which is rare under the current NLRB regime —was important. "When you were an employee, neutrality allowed for you to make an educated decision rather than being led one way or another or being fearful for your employment," she says. "There were people like me who strongly believe in a union, but if your job is pressuring you, it can put you in a bad position. If the company had sent in a union buster, we wouldn't have been successful because people wouldn't have felt as free. It would have created a negative environment. Workers would have thought they had to choose between their job and something they believe in."

For Jones, it's made a big difference that her employer was willing to accept the choice of a majority of employees and recognize the union. With the new union contract, "I went from paying 80-plus dollars every pay period for health insurance to 6 dollars. That means I have more spending money out of every paycheck. Plus, the union negotiated dental benefits and got us new discounts on dental work." And, she adds, there is now protection for seniority. "Before, it was based on a good old boy system; it was based on who you knew. Now, vacations and your shift are determined by your seniority. It's the same with promotions. If you and I apply for a position and we're equally qualified, the one who has seniority will get the position."

Jones is very aware of how unusual her workplace is, which is why she is a strong supporter of the Employee Free Choice Act. "The employees should be able to make their own decision and not be pressured one way or another," she says. "They shouldn't be threatened. They shouldn't be coerced. Choosing a union is like a right they should have, like the right to free speech. It's just that strong. Let people make their own choices. There aren't enough who can do that now."

In Jones' opinion, the Employee Free Choice Act would give millions of workers the same fair opportunity to join unions that is now available only to a lucky few like the Cingular Wireless workers in Florida.