President’s Report January 2019

President’s Report

January 16, 2019

Frontier Updates:

Membership Counts by Title as of 12/31/18

Resignation

Retirement

Voluntary Severance:

Terminations

LTD Absences

Frontier 2nd Step Grievance Meetings:

August 28, 2018 Grievance committee in attendance: John Pusloskie, Sue Phillips, Rich Winter and Kevin Blazey. 

Gr: 7-1483-18 The Company has violated the contract by changing the method of payment from cash to Visa card on employee sales.  We received a 2^nd step answer dated December 6, 2018 denying the grievance.

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.

September 25^th, 2018 Grievance committee in attendance:  John Pusloskie, Andy Cimino, Sue Phillips, Carl Ellis, Rich Winter, and Engineering clerk Nancy Diliberto Arena.

Gr: 3-4163-18 The Company has violated the June 1, 2017 MOA on Engineering clerks work by not moving the work from Pennsylvania as agreed and not routing certain final posting work.  Also discussed was the Company’s intent to automate pre-posting.  It was agreed to hold the grievance in abeyance pending another meeting. 

October 23^rd, 2018 No grievances were processed to second step for this month.

November 27^th, 2018 Grievance committee in attendance: John Pusloskie, Sue Phillips, and Doreen Beck.

Gr: 3-4163-18 The second meeting was held on November 27^th, 2018 to discuss this grievance.  We received a 2^nd step answer dated December 17^th, 2018 denying the grievance.

December 4^th, 2018 Grievance committee in attendance: John Pusloskie, Andy Cimino, Rich Winter, Mike Sutphen and Pat Clancy.

Gr: 7-1485-18:  Union presented on the Unjust termination of Sales and Service tech Brian Hart.

Gr:  6-1515-18:  Management performing craft work.  Director John Gilbert performed craft work on Liebert air conditioner.  Steward Joe Joram was denied time off for meeting, so grievance has been deferred.

Gr:  5-329-18: On October 25^th, Paul thom, Pat Clancy, Tony Smith and Thanh Nguyen had their 4 hour overtime assignment revoked after starting the tour.

To date we haven’t received any grievance answers from the Company.

December 18^th, 2018 Grievance committee in attendance: John Pusloskie, Sue Phillips, Joe Joram, Andy Cimino.

Gr:  6-1515-18:  Management performing craft work.  Director John Gilbert performed craft work on Liebert air conditioner.  John Gilbert doesn’t agree that this is craft work.

Gr: 5-329-18:  Overtime administration violation.  P. Thom, P. Clancy, T. Smith, and T. Nguyen were solicited for OT and accepted.  Then after the start of OT they were told OT was cancelled and told to go home.  Per Bill Carpenter, all employees were offered the 12 hrs except workers comp, disabilities.  John requested list to review.

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.

Gr: 3-4165-18:  Payroll violation. Mechanization, violating administration.  Implementation of PATS.

Gr: 7-1486-18:  Payroll violation. Unilateral changes to tech portal, MyWork/MyTime System.

To date we haven’t received any grievance answers from the Company.

Closed Out:  None reported

Arbitration Update Frontier:

• Transfer of bargaining unit work due to M6 Conversion.
• The National Labor Relations board has issued a complaint in regards to the Unfair Labor charge failure to provide information M6. The Company provided the final information as of March 21^st.  The charge has been settled and the Union is moving forward with the arbitration.
• The first day of hearing was September 21^st at W. Henrietta Rd. We spent two hours of the day trying to reach settlement, which wasn’t accomplished.  The Union put on its opening argument and first witness John Pusloskie, President CWA Local 1170.  The next day of hearing are scheduled for November 29^th and 30^th. 
• Grievance 7-1476-17 Unjust termination James Everts 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 is in process of having arbitrator assigned.
• 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 is in process of having arbitrator assigned
• 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, 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.
• Grievance 7-1481-18 On September 5^th 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 with Frontier HR Manager Tracy Owen to settle the matter.
• Grievance 3-4162-18 On August 31^st 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.

Take the Lead Sales Monthly Reports

                        Referrals        Sales               Total Revenue           Annualized Revenue

YTD12/31                                                        $394,441.07                $206,679

Managerial Changes

Angela Christian was promoted to be in charge of Customer Care operations nationwide

Commercial NOC Center:

Monthly Collaboration Meeting October 16th 2018.  For the Union; John Pusloskie, Demiah Smith, Diane Pappas.  For the Company; George Madison, Ross Serafino, The Following items were addressed.

• Lindsey Fisher Tour not consistent with the schedule
  • Schedule working 4pm to midnight, actually working noon to 4pm.
  • Rad Upgrades – assigned to Tim Gross, He will be doing new software code 5.9 revisions, Next year 6.1 software codes will be assigned to someone else. George Madison- management will decide how to do this.
  • Management putting out daily stats causing morale issues. The Union asked to reconsider this go monthly and talk to employees directly
  • Acting Management – Acting management positions to be for 30 day time periods.
  • Need to work to improve morale.

Frontier Updates:

• On November 30^th, 2018 we reached a settlement with Frontier resolving the two-year-old case in regards to the transfer of bargaining unit work due to the M6 implementation. The crux of the settlement is the Company is going to have a bargaining unit member perform the provisioning work for Rochester.  Three members showed interest, Rob D’Ambrosia, Anne Strachan, and Mike Miceli.  The Company has chosen the Mike Miceli as the person to be trained.  On meeting was called for on December 5^th, 2018 to review the settlement with the Carrier Work group.  The Union will have to push the Company to get Mike trained
• November 27^th, 2018 Union officers John Pusloskie, Andy Cimino and Doreen Beck met with Engineering Management Joe Aresco, Bill Gould and Nancy Phillips to discuss the Grievance that was held in abeyance in regards to our Engineering Clerk MOA’s. At issue is the following
  • Pre and final posting from Pennsylvania
  • Property Damage tickets
  • Pre-Posting by Engineers

The Company is moving forward with the automation of the Pre-posting and has denied the Union Grievance.  We will now have to assess the case for arbitration.

• The Union sent notification to Human Resource manager Tracy Owen on September 7^th that we have not been receiving the information on contracting according to the contract and we will be moving forward to enforce the contract. On September 17^th we received part of the information that we were requesting.  Subsequently the Company has provided more information.  We met on October 10^th to discuss further and the format that we need to receive the information in.  We have started to receive the Contracting information.
• Call out Settlement agreement update: As of December 12^th, techs have received opportunities for overtime makeups, 92 techs in total were offered 12 hours of overtime.  The settlement as far as we know has been implemented and completed.
• The Company is in the process of investigating a desk tech for improper use of Company equipment. The investigation took place on January 15^th, 2019.
• Working on putting a training program together for Fiber splicing for the members.
• November 7^th Andy Cimino and John Pusloskie met with Tracy Owen and Bill Carpenter over the transfers into sales and Service from other departments. It was agreed that the transfers would not be for less than 3 days, up to 20 days with a 5-day reset.
• Open enrollment for Frontier active employees ends November 16^th, 2018
• Open enrollment for retirees ends November 15^th, 2018
• November 6^th, 2018 Frontier announced 3^rd quarter results.

Safety Committee

No report

Affiliate Report:

AT&T Mobility:

ATT declared a force reduction in August eliminating 2200 positions nationwide, which compromised the Sales Support position.  Under the provisions of the job security negotiated in the last CBA, the impacted members were offered jobs in the Stores that they worked in.  We had three members impacted, One Jim Dupre decided to retire, Rob DeRosa and Sherri Borelli have decided to take jobs as Retail Sales Consultants in the stores that they worked in.  They will be afforded New Hire ramp up in regards to sales quotas.

A nationwide investigation is going on in regards to charge backs.  We’ve had several members disciplined and a charge was filed by 1170 officer Rich Winter with the NLRB over AT&T’s failure to provide information that had been requested and the Company considered non-relevant.

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-222-18    Unjust final warning Tim Spaker.  The Union filed a grievance concerning the discipline and unfair investigation. We have also filed a charge with the National Labor Relations board in regards to the Company’s failure to provide information concerning the investigation as of September 13^th.  A second step grievance meeting was heard on September 19^th.  The Company agreed to reduce the final written warning to a written warning.  Grievance closed on 10/16/18.

ATT-223-18    Never filed

ATT-224-18    Unjust counseling notice – Jeff Stone.  1^st step answer received on 11/13/18 denying the grievance for lack of evidence.  Grievance closed on 11/30/18.

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.

City of Canandaigua PBA:

The Canandaigua PBA filed a demand to bargain with Chief Hedworth on June 14^th over the implementation of body cameras.  The Union has requested the assistance of Cathy Creighton for representation purposes on the matter.  If the City refuses to bargain we intend to file an improper practice charge vs. the City.

As a result of our demand to bargain and subsequent negotiations we reached a signed agreement on August 23^rd, 2018.  We were able to get General Order 254 Body warn cameras modified after several negotiations sessions with the Chief and City.  Both sides have reserved their positions in regards to any future changes to the General Order by the Chief.  The Unions position being that it is a subject mandatory for bargaining.  I would like to commend officers Liberatore and Gregorio for their help in getting to a final settlement.

Town of Greece

Gold Badge Club:

A vacancy has been posted by the Chief as of August 31^st, 2018 for a detective assigned to task force officer assigned to the United States Drug enforcement agency.  Discussion has come up with regards to who is eligible to fill vacancy.

Greece Part Time Unit:

We have received an offer from the Towns attorney in regards to the contract that expired December 31^st 2013.  A meeting has been called for November 15^th to discuss the offer with the members.

Town of Greece Crossing Guards:

Sharon DeLucia termination: Jonathan Johnsen attorney argued the case on September 10^th at the appellate division of the State Supreme court.  The Appellate division ruled 5-0 in the Unions favor to confirm the arbitration award which called for reinstatement of the grievant with full back pay.  As of January 15^th, 2019, the Town hasn’t brought the grievant back to work

Greece Lighthouse:

The current contract expires 12/31/19.

City of Canandaigua DPW:

Nothing new to report

Town of Canandaigua Employees Highway Association:

On September 19^th the Union and the Town agreed on the framework for a new 4-year contract that would begin January 1, 2019.  Some of the highlights are listed below.

• Year contract ending December 31^st, 2022
• 2% raises on January 1^st each year of contract
• Maintained employee cost sharing at 5%, 10%, or 15% depending on Bronze, Silver or Gold plan. The employees will contribute 15% to future increases from current 10%.
• New Work boot allowance: The Town will cover $150 per pair of boots two times per 12-month period.
• Maintained jurisdiction over part time employees which the town proposed to remove.
• Volunteer firefighters will be allowed to report to fires during work hours without having to utilize their paid time off.

The Town board passed a resolution on October 15^th approving the contract and it was signed on October 31^st with the new terms becoming effective January 1^st, 2019.

Town of Henrietta:

The Union and the Town have discussed the issue of funding the HSA accounts for new hires as it was silent in the contract.  The Union is waiting to receive the Towns Proposal in writing.

The Town has hired 3 new employees since August 1^st, which the Union has met with and provided an orientation of the contract they are the following:

Catherine Dubrek – engineering department

Jackie Kitto – Recreation Leader

Suzanne Reitschky – Night dispatcher

Village of Waterloo PBA:

• A tentative agreement has been reached as of February 20th. The agreement is retroactive back to June 1st 2017 expiring May 31st, 20121. The agreement provides for the following.
• Wages: June 1, 2017 – $.80 per hour, June 1, 2018 – $.70per hour, June 1, 2019-$.75 per hour, June 1, 2020 – $.80 per hour.
• Vacation: increase of two days after 20 years.
• Health insurance: Increase employee contributions to the following amounts.
  • 2017- 15%, 2018 – 17%, 2019 – 19%, 2020- 20%

Town of Gates:

The Union reached a tentative agreement on October 9^th that includes the following.

3-year contract

Wages 2.95% each year.

New provision to bridge prior time after 6 months of service.

The Library board passed the contract on October 17^th and the Town board passed the contract on November 7^th, 2018.

Political Action Committee:

John Pusloskie met with Members of the MCDC to introduce myself and discuss issues important to members of local 1170.

John Pusloskie met with other leaders of organized Labor and our Brothers and Sisters with the IUE-CWA to see where we can work together on things.

Other:

ByLaw committee – Changes proposed still in committee for review.

CWA Local 1170 Retirement plan for Frontier members:  A list of members who have no beneficiary form on file was put on the website on October 8^th.  An email was sent out to all members as well as an update on the tape.  Angela continues to work to contact members to get the forms signed.

A Mobilizers meeting for Frontier was held on October 11^th at the Union Hall.  Over 30 members were in attendance to discuss issues with Frontier and mobilizing issues.