7-15-2019
In a disappointing award, arbitrator Robert B. Moberly denied the Wire Tech Surplus grievance that was heard May 29, 2019. The arbitrator ruled that the language of the Addendum did not require layoff of Wire Technicians by seniority, but instead authorized the Company to establish a process for layoff. The arbitrator also ruled that while it is true the Company did not utilize attendance and performance policies and standards that applied in other contexts, the “process” applied was neither arbitrary nor irrational.
As a result of the arbitrator’s decision, the Wire Tech Surplus process must now be addressed at the bargaining table. Please see the full arbitration opinion and award attached.
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Wire Tech Surplus |
7-15-2019
LST
Regarding the hearing conducted March 7, 2019 – Wire Technicians Performing Line Station Transfers - arbitrator James J. Odom, Jr. ruled in favor of the Union. The arbitrator stated the Union demonstrated “preciseness” in negotiations related to the Wire Technician scope of work and the Company did not carry its burden of proof.
Please see the full Arbitration Opinion and Award attached.
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LST Line Station Transfer |
June 10, 2019
To: AT&T SE Local Presidents
Re: Company Vehicle Fuel Purchases
The District has received reports from members that management is directing employees not to pump gas into Company vehicles in $20.19 amounts and is investigating use of gas cards for those purchases. The District takes any possible threat of discipline by the Company for any reason very seriously, particularly if members are engaged in what may be considered protected, concerted activity.
The District has demanded an explanation from the Company of any policy that is implicated by a member pumping gas in $20.19 amounts, has demanded an explanation of any directives that are being issued by management, and has demanded information regarding any pending investigations. We will pursue this issue with the Company vigorously, especially as it appears that the Company may be intending to punish employees for protected activity. It is not in anyone's interest that employees be disciplined or discharged for this activity, but in the event any member is investigated by the Company for any reason they need to request Union representation (Weingarten rights - United States Supreme Court case - NLRB v. J. Weingarten, Inc.).
We intend to fight on behalf of anyone who may be disciplined or fired as a result. Please contact your State Staff Representatives if you have any questions or need assistance.
Sincerely
Billy O’Dell Administrative Director
cc: R. Honeycutt, Vice President N. Hawkins, Assistant to Vice President A. Wells, Administrative Director R. Weaver, District Counsel District 3 Staff WOD:mbm
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Fuel Purchase Memo |
Promotion BYPass - Union Won |
Communications Workers of America District 3
AFL.CIO Alabama, Florida, Georgia. Kentucky, Louisiana, Mississippi North Carolina, South Carolina Tennessee, Puerto Rico 8 5t6 Covington Highway Decatur Georgia 8l)032 40+2W-555:' May 16,2019 TO: FROM: SUBJECT: William O'DelI, Administrative Director to the Vice President Robert Weaver, District 3 Legal Counsel Grievant * Scott MaYhew Grievance # 817032-3315 Case # 832018-023 Issue: Promotion Bypass - Union Won
SUMMARY
This selection case was initiated by Local 3212 ta20l7, alleging that the Company's bypass of Grievant Scott Mayhew for a vacant Facilities Technician position in Construction in Paducah, Kentucky was arbitrary. Mr. Mayhew already held the FT title, but worked in I&M. He was bypassed for junior Outside Plant Technician who worked in Construction. The Company Selector selected the junior OPT based on the fact that he had one week of fiber splicing training and had been trained on how to use Construction record-keeping device. CWA argued that the Selector's failure to investigate and consider Mr. Mayhew's experience working side-by-side with Construction crews and his experience splicing fiber (albeit without formal fiber splicing training) was arbitrary for purposes of Article 12 of the Parties CBA.
Arbitrator Paul Glendon sustained the grievance, and directed the Company to remedy its arbitrary action. He concluded that the Selector's exclusive reliance on formal training without investigating and considering relevant on-the-job experience was arbitrary. He noted that &e Company's selection guide emphasizes the value of on-the-job training over formal training. He further noted that the Selector's focus on formal training and experience in Construction as opposed to I&M is inconsistent with the fact that employees are routinely moved &from I&M to Construction as a result of transfers or reductions in force and are expected to adapt despite lack of formal training or Construction experience.
RMW/dlr 0peiu2/afl-cio
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2016 CWA-Bellsouth Wire Tech pay |
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2016 CWA-Bellsouth Wire Tech pay page 2 |
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Communications Alabama, Florida, Georgia 3516 Covington Highway Workers of America Kentucky, Louisiana, Mississippi Decatur, Georgia 30032 District 3 North Carolina, South Carolina Phone: 404-296-5553 AFL-CIO Tennessee, Puerto Rico Fax: 404-299-6165
Corrected
August 18, 2016
TO: AT&T Southeast Local Presidents, Staff and Secretaries CWA District 3 FROM: Nicholas E.M. Hawkins Assistant to the Vice President, CWA District 3 SUBJ: Wire Technician Uniforms | Branded Apparel Program (BAP)
In response to our concerns surrounding the health and safety of our members, with regard to the summer heat and the new Wire Technician Uniforms, the Company has agreed to the following: Wire Technicians will be permitted to wear shirts from the 2015 Branded Apparel Program (BAP), provided they are in good condition. Wire Technicians will be allowed to wear these shirts until October 1, 2016. Additionally, for Wire Technicians hired after January 1, 2016, the Company will offer to provide two (2) of the 2015 (BAP) shirts, which can also be worn until October 1, 2016. Labor Relations will be working with the (BAP) staff to establish the ordering process. On October 2, 2016, all Wire Technicians will be required to wear the 2016 (BAP) shirts. The District 3 Office will continue pursuing a long-term solution to this problem. Currently, the Company’s departmental management team are consulting with (BAP) management in an effort to reach a resolution. Should the Company fail to produce a plan that will provide Wire Technicians with a uniform that is suitable for working in high temperatures, prior to Spring of 2017, the District 3 Office will consider the Company’s actions a disregard for the health and safety of our members and will act accordingly. Should you have any questions or concerns surrounding this issue, please feel free to contact me at the District Office.
cc: Richard Honeycutt, Vice President Thelma Dunlap, Administrative Director Booker Lester, Administrative Director John L. Quinn, District 3 Legal Counsel
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Communications Alabama, Florida, Georgia 3516 Covington Highway Workers of America Kentucky, Louisiana, Mississippi Decatur, Georgia 30032 District 3 North Carolina, South Carolina Phone: 404-296-5553 AFL-CIO Tennessee, Puerto Rico Fax: 404-299-6165
. July 18, 2016
TO: AT&T SE Local Presidents, Staff & Secretaries CWA District 3 FROM: Nicholas E.M. Hawkins Assistant to the Vice President, CWA District 3 SUBJ: Wire Technicians – Retroactive Pay During 2015 negotiations with AT&T, we were successful in securing language for members who work under the U-Verse Field Operations Network Addendum, to allow for Holiday hours worked, PDOs, Sunday hours worked, and absences for Union Business (Paid or Unpaid) to count towards the 40 hour build up for overtime pay. The implementation date for this language was 01/01/2016. This change in overtime calculation required the Company to re-program their payroll software. Today we received notice from the Company that the re-programming has been completed. Members will be compensated under the new calculation, beginning with their paycheck dated 08/12/2016 and will receive retroactive pay back to 01/01/2016. Should you have any questions or concerns surrounding this issue, please feel free to contact me at the District 3 Office.
cc: Richard Honeycutt, Vice President Thelma Dunlap, Administrative Director Booker Lester, Administrative Director John L. Quinn, District 3 Legal Counsel
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