President’s Report 2/19/2020

President’s Report

February 19^th, 2020

Frontier Updates:

Membership Counts by Title as of 01/28/20

Resignations

Retirements

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 the 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.

November 7^th, 2019 2^nd step grievances:  The grievance committee in attendance we’re the following; Rich Winter, Diane Holloway, Patty Roberts, Sue Phillips and Demiah Smith

Grievance 3-4168-19: CNOC Clerk Sandra Sliss was unfairly and unjustly denied a tour change request to accommodate a medical health program that was recommended by her doctor to improve her overall health.

We received the Company’s response via email on December 3^rd, 2019 denying the grievance and claiming that there was no violation of the Contract.

Grievance 3-4169-19: The Company is assigning work performed by CWA represented clerks to other employees of the corporation in violation of the CBA.  West Virginia clerks were taking escalation calls that were negotiated for clerks represented by CWA Local 1170.

We received the Company’s response via email dated December 3^rd, 2019, stating that there has been no violation of the contract grievance denied.

November 26^th, 2019 2^nd Step Grievance hearing: Via Conference call

Grievance committee in attendance; J. Pusloskie, A. Cimino, R. Winter, M. Sutphen, S. Spector,

Frontier; L. Washbon, P. Homes

Gr:  5-360-19:  On 11/1/19 the Company contracted Liberty Underground to perform work regularly and presently done by Sales and Service techs such as monitoring manholes, operating FTR pumps, etc.

Frontier Response:  Received January 16^th, 2020

The Company agrees to the following:

• Major cable failure partner with the Union
• Use of contractors will be situational for cable failures
• The Company reserves the right to engage contractors

The Union isn’t accepting the grievance answer and is in the process of determining next steps.

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 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 Pete Loss arbitration was heard on August 5^th, 2019, we’re waiting on a decision from the arbitrator. Expecting the decision by March 1^st of 2020.
• 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  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.

Take the Lead Sales Monthly Reports 

                        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

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

The Company has named a new construction supervisor, January 2020

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:

• On February 11^th, I became informed that CWA Locals in Texas reached a 4-year agreement with Frontier in September of 2018 that expires in September of 2022. Initially we were provided information that their contract would be expiring this September.
• Frontier will be opening up discussions with CWA Locals on March 5^th, their contract expires on September 5^th covering over 2500 members.
• Frontier Town Hall call with CWA National President Chris Shelton was held on February 13^th to cover the following content.
  • CEO Bernie Han will not discuss Frontier matters with our President, says Unions know nothing about the business.
  • Bankruptcy concerns and questions
  • Chapter 11 reorganization what it is and how it works
  • CWA has engaged the Law firm of Cohen, Weissman, and Simon to represent our interests in bankruptcy
  • Frontier is owned by some of the most aggressive, destructive hedge fund managers in the country.
• The Local sent an email out on February 11^th to all members concerning bankruptcy.
• February 12^th, 2^nd email sent out to members via survey Monkey
• Out of Town work assignment January 27, 2020 to February 8^th, 2020. Two sales and service techs agreed to the polling.  We have no one currently working out of Town.

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-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-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.

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 weeks 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

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:

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.

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.

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 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 28^th 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 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:

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.

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 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:

January 2020:

Orlando Conference: January 24^th thru the 28^th.

January 22^nd Membership meeting:

2019-2020 Budget presented and approved

190 Members signed in.