Article 43

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

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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.