The National Labor Relations Board has dismissed unfair labor practice charges filed against FairPoint Communications.
The dismissal is one of a series of NLRB decisions in recent months in the dispute between the company and striking workers.
In a letter dated Dec. 29, NLRB Acting Regional Director Elizabeth A. Gemperline says, “I have decided to dismiss your charge because there is insufficient evidence.”
The union complaint contended that FairPoint unlawfully implemented contract terms.
The unions say they will appeal the NLRB decision.
Approximately 1,800 members of the International Brotherhood of Electrical Workers and Communications Workers of America are on strike against FairPoint in Vermont, New Hampshire and Maine.
In a statement Peter McLaughin, chair of the unions’ bargaining committee said, “While disappointing, the NLRB’s decision is not surprising.”
“The NLRB does not decide what’s best for our workers and our communities,” he added.
In recent months the NLRB regional office has dismissed a number of union complaints that FairPoint has bargained in bad faith, two of which are currently on appeal.
Bob Bruno, professor of labor and employment relations at the University of Illinois says it is difficult to prevail in unfair labor practice complaints.
“The focus is on process, not on content,” Bruno says.
He says the board does not weigh the merits of contract proposals or consider whether the parties have shown flexibility in negotiations.
“Bargaining in good faith essentially means they agree to meet, they agree to submit proposals and they agree to make an attempt to reach an agreement.”
The strike, which began October 17, was called after months of negotiations, with both sides reporting little progress.
In August, after the union contracts expired, FairPoint declared an impasse in negotiations and implemented the terms of its offer.
