In July 2004, Article 43 of the 2003 AT&T/CWA contract officially unionized AT&T LNS (Local Network Services - formerly TCG, a CLEC they ACQUIRED in 1998) non-represented techs (like me), and existing CWA represented Comm techs of AT&T into a new CWA represented job classification - network specialist.
In May 2004 - some LNS techs realized their colleagues got union welcome packages, but they (we) didn’t. Claiming to be unaware of this - CWA union officers - specifically RALPH MALY of CWA NATIONAL HEADQUARTERS in Washington DC, ROY HEGENBART, Local 3250 President, and other officials - verbally blasted AT&T for hiding techs from bargaining. Over the next few weeks the missed techs were identified by the union, signed union cards, received CWA welcome packages, and notified by the CWA of status as CWA represented techs. We proudly wore our new red CWA shirts and hats in solidarity.
Those same CWA officials may have deliberately misled and/or used us for undisclosed or BAD FAITH bargaining, while at the same time continuing their empty assurances that AT&T won’t ever get away with hiding techs from bargaining - because on August 31, 2004 - the same techs were silently (no press release or internal memo) notified of their LAYOFF from AT&T. Many had over 20 years EXPERIENCE, were OVER 40 years old, and above average performers.
CWA officials - Mr Maly, Mr Hegenbart, and others contacted - haven’t returned phone calls, or emails, or provide any representation to us new members.
As it turns out - the CWA treated us with more disregard and disrespect than AT&T ever did.
The following is the text of a LETTER sent to Vice President Ralph Maly [by a union official who acted just as bad] at C&T National Office requesting a ratification vote be conducted on the addition of Article 43 to the Agreement between CWA and AT&T Corp.
Dear Ralph,
On April 27, 2004 the CWA National Office introduced a new Article 43 to be added to the terms of the current Agreement between the CWA and AT&T Corp. Included in the new Article 43 are the introduction of changes in the hours, wages, and conditions of employment that will affect approximately 1200 Communications Technicians and adding to the bargaining unit approximately 470 LNS Technicians. This new agreement will also affect approximately 2000 Communications Technicians that will remain covered by Article 41 if AT&T implements a force adjustment utilizing Articles 16 or 24. Also affected by this new Article 43 would be the total membership within the bargaining unit, should they choose to utilize the AT&T transfer system by transferring into one of the new titles created by Article 43.
It is my understanding that the National Office has decided not to submit this change of the terms of the Agreement to a Contract Ratification vote. It is the position of Local 3250, that the addition of Article 43 that was entered through collective bargaining that dealt with wages, hours, and conditions of employment requires and is subject to a ratification vote as set forth by Article XVII, Section 4 Contract Ratification of the CWA Constitution.
It would be an error of judgment to deny the membership the opportunity to either reject or ratify this contractual change, when it would directly effect their vested interests regarding their daily hours, wages, and conditions of work. The members have a long history in CWA in deciding their future through the ratification process after collective bargaining has reach d a tentative agreement involving contractual changes. Only recently has the Agreement been extended and the members participated in a ratification vote. CWA has a long history of abiding to the tenets of the democratic process and our members have come to expect participation in decisions that effect our Union, especially contractual changes that will impact them in the workplace. I believe that the CWA Constitution and the historical precedent regarding collective bargaining, changes of wages, hours, and terms of employment require a ratification vote. The members should decide the question of the merits of the Article 43 tentative agreement. After all, it is the members who will have to live with the ramifications and effects of the agreement. Therefore, I am requesting, pursuant to Article XVII-Collective Bargaining, Section 4-Contract Ratification of the CWA Constitution, that the tentative agreement regarding Article 43 be subject to ratification by secret ballot of the members affected.
In Unity,
Roy Hegenbart
President/CWA Local 3250
--------------
Report on Article 43 4/28/2004
Why we negotiated this agreement:
The Union and our members face a situation where the work being done by the Communications Technicians who provision and maintain the network is going away. Technology is being retired. The legacy systems that are in place today will be retired as quickly as possible, example all 4ESS machines will be retired by 2006. Almost all of the companys investment is going toward IP based technology. Unfortunately, that work is mainly non-Union and our members had no access to either those jobs or that training.
Under current contract language (and reinforced by an arbitrator in a recent case in Chicago) the company can bring in contractors as long as no one is laid off. What we knew was the company would keep offering VTP and backfilling with contractors until the work disappeared.
We were approached by the company and queried if we would consider bargaining new language for the OSWF and OSP technicians in Robin Bienfaits organization. The Company was interested in combining titles, Comm Techs and the CNRP people responsible for LNS, IP and Web Hosting and creating certified technicians while controlling costs. The union has been trying to expand into the non-union jobs to gain training and job opportunities in the new technologies such as routers, VOIP, Web Hosting and Local Services.
These were very tough negotiations and the Union was able to push back on some of the worst company proposals and grandfather the current techs on others. It should also be noted, upon reaching a tentative agreement, the company pulled back a planned surplus of 400 people. The bargaining committee felt that the concessions we made were more than made up for by the access to this new work, the training in the new technologies and the job protection provided by this agreement.
New Agreement/Key Points
The agreement creates an Article, 43, with two titles. One will include those technician currently in web hosting. The second will include current OSWF Technicians (including outside plant) and the LNS field techs. The Communications Techs who work for Joseph Mon and Chris MsDermott will move over. This does not include building techs, operations mechanics, construction technicians or anyone who works on the business side (ie. NMCs, private line maintenance and provisioning.)
There is a watermark of 1,000 jobs in the new titles. The company CANNOT go below that number for the duration of the agreement.
In the next 120 days the Union and company will bargain a variable workforce agreement. These agreements in the past have given our former members (like our retirees) access to work as Union contractors.
In the next 120 days the Union and AT&T will bargain certification language. These agreements in other CWA contracts provided base pay increases for possessing different certifications in different technologies. (These will not be basic qualifications for the jobs.)
The following are the changes we agreed to arrive at this agreement. We needed to look at the changes as part of a total package that we felt was in the best interest of our members. As you will see some Article 41 language has been grandfathered for the Communications Technicians who are being moved into this title now or who are moved into it via Article 16, rebalancing or job claiming.
Unless something was specifically changed in the new Article, all the other white and yellow pages remain the same and the practices and history of Article 41 prevail.
Changes in Article 43
1. Split tours on a voluntary basis. For example: On an occasional basis the company may request that a technician work 8:00 AM to Noon and then 4:00 to 8:00 for a particular project. It is strictly voluntary.
2. 24 hour notice for change in schedule, must be verbal ԓtheir mouth to our ear, no shifted tour language. Under Article 41 there must be 36 hours notice. There is also no shifted tour differential in this agreement.
3. Overtime:
a. No double time
b. No double time and a half after 8 hours on a holiday.
4. Call-Up
Nearest 1/2 hour at overtime rate.
5. Call-in
No 2 over 8 hours on a holiday
6. Off-tour differentials
New language. (The current Comm Techs grandfathered)*
4:00 pm midnight 10%
Midnight & 8:00 am 15%
If 50% of the hours worked are in the above periods the tech gets the off tour rate. (example Noon to 8 PM ݖ 10%)
If it is in two off tour periods the tech gets the higher rate. (8 PM to 4 AM 15%)
If less than 50% is in these off tour periods, the tech does not get a differential (example: 11 AM to 6 PM, no differential.)
Must work 50% of tour to be paid off tour rate
7. On-Call
Still voluntary
$30 a day (non-scheduled)
$15 a day (scheduled day)
8. Sunday differential
Eliminated (current CT֒s grandfathered)
9. Force Adjustment
3% protection, twice during the life of the contract, once for the remainder of this contract --Minimum 1 person
(Current CTs remain in CT surplus universe for duration of this contract )
10. Termination pay
There is a new schedule that is higher up to 10 years but the maximum rate is 45 weeks.
(Current CTs grandfathered for the 104 week schedule including VTP)
11. Article 16
Temporary transfers may be up to 50 miles. The employee will receive mileage at highest IRS amount, no flat amounts. As in the current contract, the company cannot require an employee to use their personal vehicle to get to the new location. There is no change in the language on permanent transfers.
12. No expense allowance (41, 12 (a) and (b)
Letters:
Recognition - The company can give recognition awards up to $250 (with advance notifications) and then must bargain with Union.
As explained above, the Union/AT&T will bargain a certification plan within 120 days. Training by seniority. This can mean additional money for those who get certified.
Union/AT&T bargains variable workforce agreement (explained above)
Letter strengthening subcontracting committee high level participation, quarterly meetings, improved information sharing.
*Grandfathered: CommTechs initially moved into the new title; Comm Tech’s later moved into the title via Art. 16, job claiming and rebalancing, not ATS.
Click HERE for the associated pdf file.
READ LESS...
I feel sorry for my former co-workers for what both AT&T and CWA did to them. The CWA refused to assist me in an issue with Bell Atlantic in 1973, and I lost 19 1/2 years of service.....so I can’t say I’m totally surprised.
I think it just goes to prove that AT&T will get exactly what it wants, no matter how many employees it fucks.
Posted by
Andy Smith on 09/11/04
Some techs were talking about suing the CWA and/or AT&T for FRAUD, WRONGFUL TERMINATION or PROHIBITIVE PRACTICE. I doubt we have grounds for a case, but I’m no lawyer. From what I read - at least in states like FLORIDA where I live - we’re employed AT WILL. That means any company can fire anyone, for any reason, whenever they want. They can segregate workers into any group(s) they want, and since AT&T has an existing contract with the CWA, both parties can amend it however and whenever they want. If any of this broke federal DISCRIMINATION laws - like keeping Catholics and firing Protestants - that could make a strong legal case.
I don’t think any of the actions the CWA or AT&T pulled is illegal. It only suggests American corporations may control big giant unions, and both may choose to treat workers as unfairly and unethically as they want. If you want to try a class action lawsuit, for something like age discrimination, give a law firm like THESE GUYS a call and post back.
Posted by
Burned Out Baby Boomer on 09/11/04
The CWA folks at the local here and Washington DC still haven’t returned any phone calls or emails. I sent at least half a dozen emails this month to Mr Maly in Washington and a final one 10/27/04 to President Hegenbart of Local 3250. Others report similar lack of communication from the union.
The CWA can’t save my job anymore, I’m already layed off, but I can still smell the stink of their lack of integrity, and hear the empty words of their worthless, misleading, tough sounding officers.
As a result of this experience, I’m suspicious of the CWA’s true INTENTIONS. Their actions, and lack of actions, suggests it’s MISSION may not be entirely in the best interests of the organized labor movements of this country.
Posted by
Burned Out Baby Boomer on 10/30/04
It’s been over a year. The CWA still spits out idealistic hot air while membership decreases, the AFL-CIO split two months ago because unions CAN’T GET ALONG WITH THEMSELVES, and the US labor movement is still in dire need of real leadership and fresh blood.
Posted by
Burned Out Baby Boomer on 09/27/05
Today’s a big day - AT&T’s about to RECALL LAYED OFF TECHNICIANS, if they haven’t started already - but not folks screwed by Article 43. I emailed Mr Maly of the CWA asking for an opportunity to be on the recall list. This is the same officer who let us die in 2004. Any reply will be reported here.
Posted by
Burned Out Baby Boomer on 01/16/06
Friends at AT&T tell me MORE TECHS ARE GETTING RECALLED and more temps will be hired as contractors in the near future.
The recalls for techs are limited to former CWA and IBEW members (minus those of us screwed from Article 43 and the CWA) who were layed off or took voluntary early retirements.
The CWA remains silent to emails from this former member, so it’s likely there won’t be any good news for us anytime soon.
Posted by
Burned Out Baby Boomer on 01/25/06
One of my former colleagues (who was burned by Article 43 and the CWA like me) works for TUCKER TECHNOLOGIES, a CWA represented staffing agency - outsourced to AT&T doing one of his former jobs at half the pay with no benefits. CWA caught wind of it last week and may want to get him fired to rehire a AT&T retiree. How’s THAT for another slap in the face?
Posted by
Burned Out Baby Boomer on 01/30/06
One of the guys I used to work with at AT&T in Florida tells me a CWA tech who voluntarily retired a year ago was recalled.
Posted by
Burned Out Baby Boomer on 03/12/06
It’s been two years - Read about it HERE.
Posted by
Burned Out Baby Boomer on 09/05/06
Wanna vomit? Read THIS. About 2000 CWA recalls - minus those screwed by article 43 - are on the way.
Posted by
Burned Out Baby Boomer on 06/24/07
It’s been FIVE YEARS.
How time flies.
And nothing changes.
Posted by
Burned Out Baby Boomer on 11/17/09
CWA Is A Sham
As an ex ATT employee I can tell you first hand what CWA did to help me find another job within the company when ATT closed our shop and laid us of… ABSOLUTELY NOTHING!
In fact, CWA all but blackmailed it’s members into accepting a contract that closed off any jobs in the core of ATT. That effectively gave us only one division to apply for and they were full with no openings.
When SBC, before they bought ATT announced that we were now Union employees. (Workers NEVER voted to Unionize!) I KNEW we were being set up.
RefineryRat
Hamburg, AR
http://www.dslreports.com/forum/r26120217-CWA-Is-A-Sham
Posted by
Burned Out Baby Boomer on 07/27/11