Communications Workers of America v. Bell Atlantic Network Services, Inc.

MEMORANDUM

GASCH, District Judge.

1. INTRODUCTION

This case concerns the continued viability of provisions in the collective bargaining agreements between the plaintiff unions and the defendant employers which permit employees to take unpaid leaves of absence for union business without losing certain “fringe” benefits provided to other employees. The precise question is whether the provisions affecting employees on union leave violate section 302 of the Labor Management Relations Act of 1947 (“LMRA”), 29 U.S.C. § 186 (1982 & Supp. III 1985).

II. BACKGROUND

A. Factual Setting

In these consolidated…