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  • President’s Report 10/21/20

    President’s Report 10/21/20

    President’s Report

    October 21st, 2020

    Frontier Updates:

    Membership Counts by Title as of 09/30/20

    TitleCount
    Total308
    Cable Splicers12
    Comm. Coordinators I19
    Comm. Coordinators II1
    Comm. Coordinators III5
    Comm. Clerks8
    Desk Techs62
    Garage Mechanics2
    Line/Splicers12
    Network Techs63
    Power and Bldg Techs7
    Sales and Svc Techs116

    Resignations

    DateNameTitle
    1/3/20Jeff SwanSales and Service tech
    1/4/2020Trinh ThaiDesk Tech
    8/7/20Ryan HenchenLineman/Splicer
       

     

     

    Retirements

    DateNameTitle
    2/12/20Ron ReidelSales and Service
    2/28/20Cindy ForsytheNetwork Tech/Switch
    1/31/20Heather HarrisComm. Coordinator III-Engr. Clerk
    1/31/20Jeff SlaytonSales and Service tech
    2/14/20Marcia DeiterNetwork Tech/Switch
    2/25/20Mike BurghartCable Splicer
    2/26/20John FeulnerSales and Service tech
    3/14/20Richard SaavedraSales and Service tech
     Doug GawelLineman Splicer
    5/29/20Peter CliffordSales and Service tech
    7/15/20Deb LattaComm. Coord I-Plymouth
    7/31/20John CordaroSales and Service
    7/31/20Sam PolizziGarage Mechanic

    Voluntary Severance:

    DateNameTitle

    Terminations/Disability

    DateNameTitle
    5/31/20James BurleyNetwork/Switch
    9/9/20Jody PierceNetwork/Switch
    9/30/20Walt NewSales and Service
    9/17/20Ronda BanksComm.Co.1

     

     

    LTD Absences

    NameTitleDate of LTD
    Joe RotoloSales and Service tech5/13/20
    John MitchellSales and Service tech6/5/20
    Tim PageSales and Service tech5/2/20
    Kip DrennonNetwork-Carrier7/20/20
    Joe GirodSales and Service 
    Don MannNetwork-Carrier9/17/20

    Return from Long Term Disabilities:

    NameTitleDate of Return
    Tim LesterSales and service7/1/2020
    Doug HorneSales and service8/3/2020

    FMLA:

     

    Paul Thom.    Sales and Service tech          7/13/2020

     

    Frontier 2nd Step Grievance Meetings:

     

    June 16, 2020 held via conference call:

     

    Union’s grievance committee:  J. Pusloskie, A. Cimino, R. Winter, D. Holloway, and P. Roberts

    Frontier: Byron Geils, Larry Washbon

     

    Grievance:  3-4172-20: Management has transferred Bargaining Unit Work from the Time Reporting Clerical to management (Activity management).

     

    Grievance: 5-363-20:  On or about March 1st, 2020 the Company stopped paying John Mitchell his contractual disability benefits of 70% of his base pay.

     

    August 18, 2020, W. Henrietta Rd. – Meeting cut short due to Fire alarms.

     

    September 15th, 2020 held via conference call:

     

    Grievance: 5-364-20:  The Company violated July 20, 2020 agreement to avoid mandatory overtime by allowing transfers by not offering overtime to those who made themselves available.

     

    Grievance: 5-365-20:  The Company has consistently and unreasonably denied fiber splicing training in violation of the CBA and the tuition reimbursement policy by refusing to pay for a non-qualified training certification.

     

    Grievance: 6-1520-20:  On or about 8/5/20 the Union became aware that multiple CAF sites have been contracted out by Frontier in violation of the CBA.

     

    Grievance: 7-1489-20:  The Company has unilaterally implemented a policy for work at Home employees stating any interruption in service causing downtime has to be made up or take vacation time.

     

     

     

    First step Grievance settlements:

    1-784-19 and 1-785-19:  PBX techs Gordon Klein and Glen Fishbaugh were transferred to sales and service without 24 hours’ notice.  Local Managers Todd Kalbfus and Lynn Salem settled the grievance by agreeing to pay each tech 3 days of overtime premium for time outside their normal tour.  The settlement was received on January 10, 2020.  The Company advised that a new system was created to manage temporary transfers, the new system is currently being tested, upon going live this system should automatically manage all temp transfers and provide the agreed upon 24-hour notice.  Time reporting will have access to the new system and be able to provide a demo.

     

    Closed Out: 

    Arbitration Update Frontier:

    • Transfer of bargaining unit work due to M6 Conversion. As of February 4th, 2019, Mike Miceli has been assigned to the Network provisioning team getting trained to provision Metro E circuits for the Rochester market.  Mike is still in the position.  As of September 1, 2020, Mike still is working with the Network provisioning team performing all Metro E provisioning in the state of NY.
    • Grievance 7-1477-17 Unjust termination Peter Loss request arbitration 2/2/18.
      • The Pete Loss arbitration was heard on August 5th, 2019, we’re waiting on a decision from the arbitrator. Expecting the decision by end of June 2020.
      • Deadline by parties to file briefs was May 15th ,2020
      • Arbitrator ruled in Union’s favor returning Pete Loss back to work.
    • 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 18th, the Union received a letter from Human Resources that they are not willing to settle and the grievance is untimely.
      • Now becoming an issue as 9 people are out on LTD and 50% of monthly wage is above $3,000.00
    • 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 19th, 2018. The Local requested arbitration on August 15th, 2018 protecting time limits.  On October 16th,2018 the Union sent a letter requesting Marnye Knight be reinstated based on Prudential approving loss of benefits thru April 30th beyond the April 19th termination date.  The Company has rejected the Union’s request.  CWA Staff and Area Rep Shawn LeBlanc and Deb Hayes have approved the case.  The Union and Frontier are in the process of scheduling a date for Arbitration.
    • Grievance 7-1481-18 On September 5th, 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 10th, 2018 with Frontier HR Manager Tracy Owen to settle the matter.
    • Grievance 3-4162-18 On August 31st 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 31st the Union requested arbitration on Overtime administration violations involving Lead Man status.
      • On October 10th, 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 17th, 2018. The Union sent a letter to Frontier dated March 11th, 2019 requesting arbitration on this grievance.
    • Grievance 2-2595-19, The Company issued Demiah Smith an unfair/unjust 10-day suspension and final warning. The Union filed its letter with Frontier on February 12, 2020 with our intent to arbitrate the issue.
    • Grievance 3-4169-19, The Company moved bargained for work of the Communications Coordinator 1 title at the Commercial Customer Support Center in Rochester to West Virginia. The Union filed its letter with Frontier on February 28th, 2020 with our intent to arbitrate the issue.
    • Grievance 3-4170-19, Rhonda Banks received an unjust final warning and 5 days suspension. The Union sent the letter requesting arbitration on May 28th, 2020.

     

    Take the Lead Sales Monthly Reports

    The December 15th report to determine the Bonus had the following results.  Total Revenue generated by 1170 members was $105,436 and annualized Revenue came in at $86,265.  Annualized revenue needed to hit the lowest bonus target is $300,000.00.  In addition, only 23% of the members participated missing the minimum requirement of 40% participation.  Very disappointing!                                                         

                                                                                                                                       

    Managerial Changes

    Byron Geils, Named Sr. Mgr. Labor Relations, NY – replacing Joyce Robbins, January 10,2020

    John Cournan, Named Local Area Mgr of Construction-Lineman, January 22nd, 2020

    Commercial NOC Center:

    The sale of Frontiers northwest properties was finalized in May.  Washington, Oregon, Idaho, and Montana have been separated.  Our Desk techs continue to do the metro E testing and the clerical work which was associated with these customers has been moved to W. Virginia which has been grieved. 

     

    September 1, 2020 update:  The work that was being performed by CWA represented Desk Techs is being transitioned to the new Company that purchased the properties. 

     

     

    Frontier Updates:

    • Frontier Bankruptcy:
      • On August 21st, 2020 the company received approval on its restructuring plan, including the conversion of 10 billion dollars in debt to equity. It still remains unclear on the corporate structure including the following.
        • Will it be a public or private company?
        • Who will be the Senior executives?
        • Who will be on the board of directors
      • The Company now needs approvals from the state regulator commissions and the FCC
    • Reached an extension on June 12th, 2020 that covers the entire contract and all MOA’s and LOI’s will be extended.
      • The Company wanted to eliminate the bonus, which was a nonstarter for the Union. The Company agreed to include the bonus for calendar year 2020.
    • CWA Locals in California have agreed with Frontier on a 1-year extension expiring in September of 2021. There were no raises negotiated by the Union.
    • Frontier Bankruptcy: The Company first day motions were approved and have reached agreement with certain bondholders to restructure 11 billion dollars in debt.
      • The Company must submit its reorganization plan to each Public Service Commission. A docket in NYS has been created but we have no time frames to enter comments and objections.
      • The Bankruptcy judge approved a pool of 38 million dollars for a bonus plan of the Company’s 400 key employees
      • On June 8th the Company filed a proposal for new key employees for the top 8 executives including CEO Bernie Han, COO Ken Arndt, Chief Human Resource officer Elisa Bannon-Jones, and Chief Legal Counsel Mark Nielsen for a sum of $8.6M-$16.1M dollars. The Hearing was to be held on July 16th
      • It is expected that Frontier will exit bankruptcy sometime between August of 2020 and early 2021.
    • Out of Town work assignment. The Company sent technicians out of Town for the following periods.
      • September 16th – September 26th
      • 8-5-8/15
      • 7/13-7/24
      • 6/29-7/11
      • 6/15-6/27
      • 6/1-6/13
      • 5/12-5/23
      • 3/30-4/10

     

    • The Team performance bonus was payable on March 4th, 2020 for 2019. The payout was the minimum guarantee of 4.5%.  Without the minimum guarantee the payout would’ve been 1.8%.
    • The current work at home agreement has been extended through June 26th and indefinitely based on social distance mandates.
    • A CNOC clerk has been suspended pending investigation as of September 2nd, 2020. The employee was on final warning previously.

    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-237-20. Retail Sales consultant Mike Ortiz was not paid 32 hours of vacation upon the Closing of the Cricket Store on North Clinton Ave.  The Union and Company reached agreement that Mr. Ortiz should receive $411.00 equivalent to 24 hours pay.  Mike has received payment and the grievance has been closed.

     

    Layoff Notification: On February 12th, 2020 AT&T announced the intent to close the Cricket Store on Upper Falls Blvd.  A total of 7 CWA Local 1170 members were impacted by this announcement.  As part of the 2017 negotiations the employees are protected for a guaranteed job with AT&T in the United States.  The last day of employment will be March 31, 2020.  The employees are entitled to the following.

    • Severance equivalent to one week’s pay for each year of service.
    • The annual allotment for vacation, paid in lieu

     

    The Union Settled with AT&T over the unjust termination of Brendon Frazer.  The agreement is confidential but did include a monetary settlement.

     

     

    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 fund raisers 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 7th for their consideration and haven’t received a response back.

     

    On April 27th and May 8th, the Town sent notices to 19 out of 21 members that they’ve been laid off and advised them that it could be permanent. 

     

    GPT-53-20:  The Union filed a grievance on May 26th, 2020 in regards to the Towns refusal to pay out accrued vacation time for a layoff.  The Towns position is that the contract doesn’t state that they have to pay it out for Layoffs.  The Unions position is that the employees have been terminated and the Town needs to pay it out.  The Town has denied the Grievance at step 1 and 2 and the Union has requested a step 3 meeting.

     

    Town of Greece Crossing Guards:

    In February of 2019 the Union and the Town settled a wrongful termination case of Sharon DeLucia dating back to April of 2015.  It was agreed that the terms would remain confidential!  However, the grievant was happy with the settlement.

     

    Greece Lighthouse:

    A recent update was mailed to all the members on September 29th, 2020 which provided grievance updates and updates on the situation in the Courts where an investigation is currently being conducted by the Office of Administration of the NYS judicial system.

     

    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 5th 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.  Update:  G-00-106-19:  The Town has refused to meet with us at the first Step and Second Step of the grievance process violating the CBA.  The Union has submitted the case to Arbitration.  The Arbitration is scheduled for December 17th, 2020.

     

    Arbitration Updates:

    G-00-103-19:  On Thursday February 6th, 2020 the first day of hearing was held with Arbitrator Gelertner concerning the unjust 3-day suspension of Lisa Capuano-Serret.  After hearing the Towns evidence the Union decided to withdraw the grievance.  This was a difficult decision; it was clearly evident the discipline was harsh for the offense.

    G-00-105-19:  Unjust Termination Laurie Gately, recreation assistant, The Union has requested Arbitration, the case has been assigned an Arbitrator and a hearing has been scheduled for May 28th 2020.

     

    PERB Charges:

    A charge has been filed with PERB that the Town has interfered with a members’ rights when it comes to Union activities.

     

    Another charge has been filed in regards to the Town unilaterally refusing to meet when presented with a grievance.

     

    Membership Meeting:  A membership meeting was held on February 13th, 2020 at Red Fedele’s.

    The following agenda was covered:

                2020-2024 CBA printed and handed out to those in attendance

                Pending Grievances listed above

                Pending charges listed above

                Health care discussions and Special events coming up

     

    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 3rd step. 

     

    The Union held a 3rd step meeting on June 12th, 2019 with City manager John Goodwin.  We will post an update once we receive the City’s response.  The Union has closed the grievance as of 12/31/19.

    Town of Canandaigua Employees Highway Association:

    The Union received notice on May 3rd 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:

    Contract negotiations:

    Three meetings have been held between the union and the Town to begin negotiations for a successor agreement to the current one which expires on December 31, 2020.  Housekeeping items have been discussed to this point.  We would hope that we can negotiate a new agreement before December 31st.

     

    On January 17th, 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.

     

    H00-554-19:  The Union has grieved that Joe LaRocca has been unfairly bypassed for a promotion to MEO.  ON November 15th 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.

     

    December 19th, 2019 the members voted to change the funding of the Health Savings accounts to quarterly deposits on the first of January, April, July and October in exchange the Town agreed to grant Veterans Day as an additional paid holiday.

     

    August 28, 2020 the Town and the Union agreed to a new MOA to flex scheduling for inside employees if to care for a child whose school or place of care were closed due to Covid-19 related reasons.

     

     

    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:

    The Town and the Union agreed on a new two-year agreement, that calls for wage increases of 2.95% for each year.  The Union also bargained to keep the same health insurance program in place with no additional cost shifting of premiums.

     

    The Contract has been proofed and signed:

    Political Action Committee:

    On January 10th Governor Cuomo signed the NYS Call Center Bill advocated for by the CWA.  The bill calls for stiff penalties and the repayment of state funds for Companies that move call center work out of NYS.  Thanks to Chris Bold, Demiah Smith and all other CWA members who took action to get this bill passed.

     

    The Governor in Late January signed a bill to make striking workers eligible for unemployment benefits after being out on strike for 2 weeks.  This is a big victory for Unionized workers in the state, prior benefits weren’t payable until after 7 weeks.

    Register with CWA Local 1170 to stay up to date on important issues affecting you.