President’s Report 12/2/2020

President’s Report

December 2^nd 2020

Frontier Updates:

Membership Counts by Title as of 11/30/20

Resignations

Retirements

Voluntary Severance:

Terminations/Disability

 LTD Absences

Return from Long Term Disabilities:

FMLA

Frontier 2nd Step Grievance Meetings:

June 16, 2020 held via conference call:

Unions 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 1^st, 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 15^th, 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.

October 28^th, 2020 held via conference call:

Union Grievance Committee: John Pusloskie, Andy Cimino, Steve Spector, Mike Sutphen, Patti Roberts, and Diane Holloway.

Frontier:  Byron Geils HR specialist, Larry Washbon Director of Operations.

Grievance: 3-4173-20:  Communications Coord. 1 Rhonda Banks was unjustly terminated on September 17, 2020.

Grievance 3-4174-20: on 9/29/20 The Union became aware that scheduling and dispatching work performed by buried wire clerks is now being sent electronically from servicemen within tech portal to the VFW queued for Contractors.  The buried service wire work the clerks perform, now being done by contractors is in violation of the CBA.

Grievance 5-366-20:  On 9/21/20 Mike Starowitz returned to work on light duty with a work restriction (no climbing ladders).  On 9/23/20 Mike was sent home after reporting to work.  The Company said there was not enough work available to accommodate Mike’s restrictions. Mike was unjustly denied the ability to perform light duty work a we done for other members in the past.

Grievance 7-1490-20:  On or about 9/16/20 the Union became aware from a supervisor, that the Company has contracted a large fiber buildout in various areas of Rochester.

First Step Grievance settlements:

Closed Out: 

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.  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 5^th, 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 15^th ,2020
  • Arbitrator ruled in Unions 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 18^th, 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 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.  The Union and Frontier are in the process of scheduling a date for Arbitration.
• 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 5-327-18 and 5-328-18 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. The grievances were closed on 10/16/20 as we received verification that the overtime makeups agreed to were offered and administered.
• 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 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 28^th, 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 28^th, 2020.

Take the Lead Sales Monthly Reports 2019 

                        Referrals        Sales              Total Revenue           Annualized Revenue

The December 15^th 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 22^nd, 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

• Covid-19 updates: In the last month we’ve had 4 members that we know of test positive for the virus.
  • We’ve requested notification from Frontier to broadcast locations for our members
  • As of December 2^nd we’ve requested Frontiers plan of on premise work based on NYS color coding areas.

• Frontier Bankruptcy:
  • On August 21^st, 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
  • NYS PSC approves Frontier’s bankruptcy plan in November.
  • Only 4 states remain to approve plan; including Connecticut, W. Virginia, California.
  • The Plan has to be approved by every state and the FCC.
  • Chairman Pai of the FCC, former Verizon Corporate attorney stepping down as of January 1^st, 2021. His biggest adverse decision to Union workers was expediting Make Ready work for contractors impacting Union work.
• Reached an extension on June 12^th, 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 non-starter 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 8^th 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 January 1^st 2020 and March 31^st, 2021
• Out of Town work assignment. The Company sent technicians out of Town for the following periods.
• December 2^nd thru December 11^th
• November 11^th thru November 20th
• September 16^th-September 26^th.
• 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

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 12^th, 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 7^th for their consideration and haven’t received a response back.

On April 27^th and May 8^th, 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 26^th, 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.

• The Town has paid out vacation accruals and given notice that jobs are being eliminated

Lawsuits:  The Union filed with the Monroe County Supreme court that the Layoffs Were done improperly.  A hearing awaits.

• The Union also filed with NYS PERB that the Town failed to negotiated the Layoffs. Issue still pending.

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 29^th, 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.  An updated grievance log is presented below.

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.  Settled, Union withdrew.

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.  Settlement reached to reduce suspension to 1 day and make whole for two days of lost pay.

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 17^th, 2020.

G00-107-20:  Lisa Capuano-Serret was issued an Unfair Unjust counseling memo by Shannon Barry who exhibits a repeated pattern of excessive discipline.  The Union closed the grievance on February 25^th, 2020, without precedent or prejudice, counseling memos aren’t discipline.

G00-108-20:  On or about August 1^st, Shannon Barry changed the work schedules for employees in the court in violation of the CBA.  Status, still pending.

G00-109-20:  On or about August 1^st, 2020, the Town has failed to pay employees working in the court overtime in violation of the CBA.

G00-110-20:  On or about August 1^st, 2020, court clerks Andrea Chatterton and Lily Pavlovych had additional judges assigned to them vs appointed judges that they work with.  The additional assignments have unfairly impeded their ability to take breaks and lunch breaks causing undue stress and violates NYS Labor law.

G00-111-20:  On or about August 1^st, 2020, court clerks have been unfairly assigned the duties of the bailiffs who were seasonal employees by the Town.

G00-112-20:  On or about middle of July 2020.  Lisa Capuano-Serret was unfairly transferred to the Police Dept. and them replaced by a new hire in the court.

G00-113-20:  On or about July 15^th, 2020, Lisa Capuano-Serret was transferred to the Police Dept in order to punish Linda Ferraro causing unfair working conditions as Linda had to pick up many of her assignments.

G00-114-20:  On or about August 1^st, 2020 the Town implemented flexible work schedules in violation of the CBA.

G00-115-20:  On or about August 27^th, several employees reported to the Union that they are being treated unfairly in their working conditions by being subjected to a hostile work environment by Shannon Barry, office manager of court employees.

G00-116-20:  On October 26^th the Town issued Stacy Burke an unfair, unjust five-day suspension.

G00-117-20:  On October 26^th the Town issued Lily Pavlovych an unfair, unjust five-day suspension.

G00-118-20:  On October 26^th, the Town issued Linda Ferraro an unfair, unjust five-day suspension.

G00-119-20:  On October 26^th, the Town issued Andrea Chatterton an unfair, unjust five-day suspension.

G00-120-20:  On November 10^th, the Town unfairly and unjustly terminated Linda Ferraro.

G00-121-20:  On November 9^th, the Town unfairly and unjustly terminated Stacy Burke.

G00-122-20:  Since on or about September 21^st, the work schedules have changed weekly, sometimes daily, when not provided in a timely manner causing unfair working conditions.

Arbitration Updates:

G-00-103-19:  On Thursday February 6^th, 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 3-day suspension Laurie Gately, recreation assistant, The Union has requested Arbitration, the case has been assigned an Arbitrator and a hearing has been scheduled for May 28^th 2020.  On March 27,2020 the Town and Union reached a settlement short of Arbitration reducing the suspension to 1 day and making Laurie Gately whole for 2 days of lost pay.

PERB Charges:

A charge has been filed with PERB that the Town has interfered with a members rights when it comes to Union activities.  The Union and the Town have reached a settlement that The Town will not interfere in a member’s rights and post a notice.

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 13^th, 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 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 Union has closed the grievance as of 12/31/19:

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:

Contract negotiations:

Seven 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.  Package proposals have been exchanged between the Union and the Town and negotiations have been progressing very slowly.

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.

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.

December 19^th, 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:

In November the Village and the PBA agreed on a new 4-year agreement.  Health Insurance benefits will remain the same and the officers negotiated 3% increases for the 4 years.

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 10^th 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.

Other:

March 5^th Rally opening up negotiations at frontier at the RIT Inn and conference center.  Thanks to the mobilizers we were able to turn out over 200 members for the Rally.  Guest speakers were