President’s Report 11/20/19

President’s Report

November 20, 2019

Frontier Updates:

Membership Counts by Title as of 10/31/19

Resignation

Retirement

Voluntary Severance:

Terminations

LTD Absences

Frontier 2nd Step Grievance Meetings:

October 29^th, 2019 Grievance committee in attendance: John Pusloskie, Andy Cimino, Rich Sarkis, Steve Spector, Bruce Cotton, Mike Sutphen, and Tony NaDell.

GR: 5-354-19:  John Mitchell was given an unfair/unjust Verbal warning on July 1^st.

On November 19^th we received the Company’s second step answer refusing to withdraw the verbal warning.

Gr: 5-357-19:  The Company violated the backup stakeout agreement the week of 8/26-8/30.  Bill Netchke was             denied the opportunity for this assignment.

On November 19^th we received the Company’s second step answer:  The Company has agreed to make a reasonable attempt to follow the stakeout rotation.  The Company agrees to discuss all exceptions with the union prior to going to the next person in rotation.

Gr: 5-359-19:  The Company has changed the operating metrics from the negotiated SOP Program and is now placing counseling memos and correspondence in the Company’s PAT system, which are permanent records for employees.

                        On November 19^th we received the Company’s second Step answer.  The Company’s claim is they haven’t changed the negotiated SOP, nor have there been any disciplines in regards to OPP8.  The Company however will address technicians not following the expected behaviors.

Gr: 5-353-19:  The Company has created a new job title, “Flex Tech”, without properly bargaining with the Union.

                        On November 19^th we received the Company’s response.  Going forward the Company will use transfer language per the CBA.

• The Company will use transfer language per the CBA.
• The Company will set up a rotational list within each title among those proficient in performing the work.
• As discussed, there will be occasions where the Company has priority jobs requiring specific skill set, in this case, the Company will skip those technicians and attempt to go back and fit in for the next assignment.
• The Company agrees to set up a process so the Company determines the need, makes the request of the Rochester Admin Team and the admin team shall provide the names, using an automated process.
• The frequency of transfers shall comply with the CBA.

Gr: 5-356-19: The Company is violating the CBA by constantly transferring air pressure techs to IR work who haven’t completed 12 months in title.

                        On November 19^th we received the Company’s second step answer.  The Company denies the grievance stating that the intent of the language was technicians would remain in the title of 12 months.  This doesn’t limit the company from transferring technicians from servicing our customers.

Gr: 7-1487-19:  On or about July 11^th the Company stopped paying Dan O’Neill’s short-term disability benefits as provided for in the CBA causing undue hardship to Mr. O’Neill.

                        On November 19^th we received the Company’s second step answer.  The Company has corrected Dan O’Neill’s loss of payment.

Gr: 1-783-19: On August 9^th the Company sent improper transfer notifications to Gordy Klein and Tony Jordon in violation of the CBA.

                        On November 19^th the Company sent its second step answer.  The company agreed to follow the negotiated language, providing 24-hour notice on transfers and 72-hour notice on tour changes.  The Company agrees to pay 1.5 hours overtime to both Tony Jordon and Gordy Klein.

Closed Out: 

Gr: 7-1484-18 The Company violated the contract when it hired a contractor to repair the central office ladder.  We received a 2^nd step answer dated December 6, 2018 denying the grievance.  The Union closed the grievance on 6/12/19.

Gr: 3-4164-18:  Payroll errors, members suffering OT pays, regular work hours loss, etc.  Time reporting clerks frustrated, if they had access, ½ the problems would go away.  Issues have been resolved, closed on 6/19/19.

Gr: 3-4165-18:  Payroll violation. Mechanization, violating administration.  Implementation of PATS.  Issues have been resolved, closed on 6/19/19.

Gr: 7-1486-18:  Payroll violation. Unilateral changes to tech portal, MyWork/MyTime System. Issues have been resolved, closed on 6/19/19. 

Gr: 2-2592-19:  Desk Tech Jeff Boxx was issued an unjust verbal warning on December 13^th, 2018.  The Union received the Company’s second step answer on April 24^th, 2019 denying the Unions grievance.  The Company maintained its position that Mr. Boxx’s demeanor and attitude were disrespectful and inappropriate.  Grievance was closed on May 29,2019.

Gr: 3-4166-19: The Union recently became aware that the Company moved time reporting functions performed by the Communications Clerks to other employees of the Corporation.

The Company answered the grievance on April 24^th.  The Company agreed that the Rochester Time reporting functions will continue to be performed by CWA represented Communications Clerks but they now will report to Frontiers Capacity team managed by West Virginia. The Union closed the grievance on May 20, 2019.

Gr: 5-352-19:  Beginning in January of 2019 the Sales and Service tech Tuesday to Saturday schedule was increased without discussion with the Union and with disparity to the different regions.

The Union received the Company’s second Step answer on April 24^th, 2019 agreeing to adjust the number of technicians working the Tuesday to Saturday effective with the next quarterly schedule.  The Union closed the grievance on June 19^th based on discussions and agreement to reduce the number of people scheduled to 4/4 Metro East and West, and 2/2 Suburban East and West.

Arbitration Update Frontier:

• Transfer of bargaining unit work due to M6 Conversion. As of February 4^th,2019 Mike Miceli has been assigned to the Network provisioning team getting trained to provision Metro E circuits for the Rochester market
• Grievance 7-1477-17 Unjust termination Peter Loss request arbitration 2/2/18.
  • The arbitration has been approved by our CWA Staff Rep and the CWA District 1 office. The case has been assigned to CWA attorney Atul Atwar and August 5^th has been scheduled before an arbitrator.  One day of hearing was concluded on August 5^th and to date CWA’s attorney and Frontier’s attorney are still arguing over evidence and whether another day of hearing is required.
• Grievance 7-1479-18 Unilateral change to Long term disability income capping it at $3,000 per month. The grievance was protected for arbitration on May 15, 2018 and is now in the CWA review process.
  • On October 18^th, the Union received a letter from Human Resources that they are not willing to settle and the grievance is untimely.
• Grievance 2-2585-18 Unjust Layoff of Network tech Ernie Magar NCS 8/15/2016. The Local requested arbitration on June 21st, 2018.  Sue Phillips has taken the lead on investigating and presenting this case.
• Grievance 7-1482-18 Unjust termination of Desk Tech Marnye Knight on April 19^th, 2018. The Local requested arbitration on August 15^th, 2018 protecting time limits.  On October 16^th,2018 the Union sent a letter requesting Marnye Knight be reinstated based on Prudential approving loss of benefits thru April 30^th beyond the April 19^th termination date.  The Company has rejected the Unions request.  CWA Staff and Area Rep Shawn Leblanc and Deb Hayes have approved the case, now goes to CWA District 1 office for review.
• Grievance 7-1481-18 On September 5^th, 2018 the Union requested arbitration on the Company failing to provide paychecks on time.
  • John Pusloskie, Andy Cimino and CWA Rep Shawn Leblanc met on October 10^th , 2018with Frontier HR Manager Tracy Owen to settle the matter.
• Grievance 3-4162-18 On August 31^st 2018 the Union requested arbitration on Frontier contractors, management and other employees performing clerical work.
• Grievance 7-327-18 and 7-328-18 On August 31^st the Union requested arbitration on Overtime administration violations involving Lead Man status.
  • On October 10^th, 2018 the Grievances were settled with the Company agreeing to provide 12-hour overtime makeups to Sales and Service techs Brian Hart, John Gardner, John Fridd, and Tim Wallace.
• Grievance 7-1485-19 Unjust termination of Sales and Service tech Brian Hart on October 17^th, 2018. The Union sent a letter to Frontier dated March 11^th requesting arbitration on this grievance.

Take the Lead Sales Monthly Reports

                        Referrals        Sales               Total Revenue           Annualized Revenue

No information has been reported by the Company for 2019.                                                                                                                                                                                              

Managerial Changes

Larry Washbon, Named Director of operations October 2019

Steve Hill named supervisor of Sales and Service techs in October

Andree Burgess named supervisor of Sales and Service techs in October.

Matt Kalbfus named supervisor of Sales and Service techs in October

Commercial NOC Center:

With the pending sale of the Frontier properties in Washington, Oregon, Idaho, and Montana there is potential to impact the amount of work for the CNOC clerks and Desk techs.  Discussions are being held that Rochester CNOC will continue to handle all tickets for these properties at the time of sale which is expected to be April 1, 2019

Frontier Updates:

• The Union negotiated a Last chance agreement and 3 year final warning for a Sales and Service tech reporting out of the Metro West Region.
• The Company is reporting its 3^rd quarter results on November 2, 2019. The results were not good and the stock has continued to decline.
• CWA Local 1298 representing 2400 members signed a tentative agreement on Saturday October19th. The Details were on CWA Local 1298’s website.

Safety Committee

No report

Affiliate Report:

AT&T Mobility:

ATT-219-18    The Company unjustly terminated Patti Ross’s health insurance benefits.

The grievance is still pending as we wait for the Company’s response to Ms. Ross’s employment status.

ATT-221-18    Kelli Pilaroscia was unfairly denied Paid Family Leave and unjust disciplined in the attendance program.  A first step meeting was held and AT&T has denied the Grievance.    A second meeting was held on June 29^th with Ben Marcello and Stephen Papageorge with AT&T.  The Company agreed to remove the points, leaving the issue of pay.  We’re waiting on the Company to resolve the pay issue.

ATT-225-18    Unjust Termination – Anthony Contrera.  1^st step meeting held on 12/20/18.  2^nd step requested on 12/19/18.  Currently waiting for information requested before having 2^nd step meeting.  Grievance closed 4/12/19.

ATT-226-19. Unjust Coaching- ON January 22, 2019 Jeff Stone was issued an unfair unjust coaching for failing to walk the customer to the door properly.  The Grievance has been closed out.

ATT-227-19. Unjust Coaching- On February 12, 2019 Jeff Stone was issued an unfair unjust coaching log for failing to demo DTV during a customer interaction.  Grievance withdrawn on April 12, 2019.

ATT-228-19.  Unjust Final Warning- On March 26^th Jeff Stone was issued an unfair unjust final warning for failing to perform ATT’s retail promise.

ATT-229-19.  Unjust Written Warning- On April 1^st Nick Linville was issued a unfair unjust written warning.  Grievance closed on April 23, 2019.

ATT-230-19.  Unjust termination- on April 15^th Brianna Pevc was unjustly terminated.  Union closed grievance on June 13, 2019.

ATT-231-19.  Unjust termination- On April 29^th, 2019 Anthony Manning was unjustly terminated.  Anthony was approved for personal leave and still progressed in the Company’s attendance program.

Town of Bristol:

The parties reached an agreement on a 3-year contract which will terminate on December 31, 2022.  Highlights include 2% raises each year of the contract and no changes to the Health insurance benefits.

City of Canandaigua PBA: October update:

The City and Union reached an agreement to change the benefit plan currently in place in the contract.  The parties agreed to offer the FLMHIT 3000/6000 HDHP with a fully funded HSA, which reduces our members monthly premiums and offers better coverage.  The plan will go into effect January 1, 2020.

Town of Greece

Gold Badge Club:

Several fundraisers have been organized for Sergeant Chris Beach who is fighting an aggressive form of Cancer.

GR: GB-00-126-19:  On August 10, 2019 the PD violated the CBA by not posting Special event overtime.  The Union is waiting on a response from the Chief and Attorney to draft a new MOU resolving the issues.

Greece Part Time Unit:

The Unit has been without a contract for 6 years.  We sent a proposal to the Town two weeks ago around November 7^th for their consideration and haven’t received a response back

Town of Greece Crossing Guards:

No updates

Greece Lighthouse:

The current contract expires 12/31/19.

The Union and the Town reached agreement on a new 5-year agreement that will expire December 31, 2024.  The bargaining was limited to wages and health insurance.  The members will receive 8% compounded over 5 years and limited cost sharing increases towards their health insurance while maintaining the current benefit plans for the life of the contract.

G-00-102-19: The Union has requested arbitration as of November 5^th for the unjust dismissal of Jackie Chiappone clerk to the Town justice.

G-00-103-19:  The Union grieved the unfair/unjust 3-day suspension of Lisa Capuano Serret.  The Town has denied the grievances.

G-00-104-19: The Union has grieved the unfair/unjust termination of Russ Patanella.

G-00-105-19:  The Union has grieved the Unfair/unjust 3-day suspension of Laurie Gately.  The Town has denied the Grievance, next step is to consider arbitration.

City of Canandaigua DPW:

The Union filed Grievance CDPW 00-65-19 on behalf of Guy Parker who claims he was bypassed for a callout.  The City has denied the grievance at second step, the Union has requested a review with the City manager at 3^rd step. 

The Union held a 3^rd step meeting on June 12^th, 2019 with City manager John Goodwin.  We will post an update once we receive the City’s response.  The City sent a response dated June 25^th denying the grievance.

Town of Canandaigua Employees Highway Association:

The Union received notice on May 3^rd from the Town which included changes to the Employee handbook.

The Union has reviewed the changes and sent the Town Manager a letter agreeing to the changes and requested a MOU stating the agreement.  We have received the MOU dated August 19, 2019

Town of Henrietta:

On January 17^th, 2019 the following grievances were heard at second step with the Town Supervisor.

H00-552-18:  The Union claims that Corey Jones was bypassed for Out of Title pay on 10/11, 10/12, and 10/13 for being assigned the responsibility to drive truck 314.  The Town has denied the Grievance.

H00-553-18:  The Union claims on 10/11, 10/12, and 10/13 that Laborer Joey LaRocca was bypassed for Out of Title assignments by a lessor Senior employee Corey Jones.  The Town has denied the Grievance.

On February 18, 2019 the Union signed an agreement with the Town to add GIS Operator A to the CBA at Group 9.  Jeremy Difilippo is going to be promoted to that title.

The Highway, Parks, and Sewer department voted to change the hours to the Summer hours effective May 13^th thru September 30^th.

The Union and the Town came to an agreement on August 27^th, 2019 to add Dispatcher B to Group 4 of the CBA.

H00-554-19:  The Union has grieved that Joe Larocca has been unfairly bypassed for a promotion to MEO.  ON November 15^th a meeting was held with the Town and the Town has agreed to promote Joe. 

ON November 1, 2019 the Town and Union agreed to modify the contract regarding references to Parks and facilities will now be referenced as Building and Grounds Maintenance.

Village of Waterloo PBA:

The PBA, Chief, and Village have come to an agreement on the implementation of a new schedule to better serve the Officers.

Town of Gates Full time:

On March 27^th an information request was sent to personnel director Jim Donovan requesting wage and Health Insurance information in order to prepare for bargaining.  Bargaining sessions have been scheduled for December 3^rd and 4^th on a successor agreement

Political Action Committee:

Other:

On May 21^st, 2019 a combined Unit 5 and 7 meeting was held for the purpose of nominations and elections to the Union executive board.  The following members were elected.

• Unit 5 East Steve Spector, Chairman and Rob Krupcznski, Vice Chair
• Unit 5 West Mike Sutphen, Chairman and Bill Peacock, Vice Chair
• Unit 7 Bruce Cotton, Chairman and Ryan Bills, Vice Chair

Frontier has notified employees at the Internet Help Desk 280 in all that their employment will be terminated on July 31^st.

Frontier notified employees in the training department on May 14^th that their employment will be terminated on May 31^st.  Twenty-two employees in all are impacted.

On May 14^th, the Local received notification from Area Staff Rep Deb Hayes that the bylaws are in compliance with the CWA National Constitution and have been moved to Dennis Trainor, CWA District 1 Vice President who advances to CWA Headquarters in Washington, DC for review.

On May 18^th Local 1170 officers John Pusloskie, Rich Winter and Demiah Smith attended the Annual meeting of the Rochester Labor Council Area Labor Federation.  Featured speakers were the following.

NYS Attorney General – Letitia James

US Congressman- Joe Morelle

NYS AFL-CIO President- Mario Cilento

NYS Commissioner Department of Labor – Roberta Reardon

The Federal Communications Commission on May 21^st, 2019 one touch Pole attachments Rules take effect.  The Chairman who came directly from Verizon as a Corporate attorney took Verizon and Google’s side to allow contractors to perform make ready work bypassing the Local Utilities.  Our position is that this work is still bargaining unit work covered by the contract.  More information is in your packet.

Local 1170 members Fritz Amrhein and William Netchke received the award for best Campaign Coordinators for this year’s annual United Way workplace campaign.  Congratulations to Fritz and Bill.