President’s Report 3/20/19

President’s Report

March 20, 2019

Frontier Updates:

Membership Counts by Title as of 01/31/19

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: 7-1484-18 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.  Status still pending

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

 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.

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.  To date the Company hasn’t sent a second step grievance answer.

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.  The Company agreed to pay each individual two hours to settle the matter.

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.  To date the Company hasn’t sent its second step grievance answer.

Gr: 3-4165-18:  Payroll violation. Mechanization, violating administration.  Implementation of PATS.  To date the Company hasn’t sent its second step grievance answer.

Gr: 7-1486-18:  Payroll violation. Unilateral changes to tech portal, MyWork/MyTime System.  To date the Company hasn’t sent its second step grievance answer.

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

January 29, 2019 Grievance committee in attendance:  John Pusloskie, Rich Winter, Demiah Smith and Dave Barney.

Gr: 2-2592-19:  Unjust verbal warning Jeff Boxx.  The Company hasn’t sent a second step answer.

Closed Out: 

Gr 1-781-17:  The Company violated the Carrier qualification agreement.  The Company agreed to qualify Mark Semrau and Dennis Connell.  The grievance was closed out on January 23^rd, 2019.

Gr 5-326-18:  Contract violation 100% dispatch on all new HSI orders.  The Company in April of 2018 made the necessary adjustments in its system to flag all new orders in Rochester for field dispatch. 

Gr 2-2591-18:  Management performing Desk Tech work closing out tickets.  Management agreed that this was bargaining unit work and it would cease from doing so.  Grievance was closed on January 23, 2018

Arbitration Update Frontier:

• Transfer of bargaining unit work due to M6 Conversion. As of February 4^th, Mike Miceli has been assigned to the Network provisioning team getting trained to provision Metro E circuits for the Rochester market.
• 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. An Arbitrator has been selected and June 4^th has been selected by both parties.
• 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.
• 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.
• 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.  We received the Company’s second step answer on December 17^th denying the grievance and will review the case to request arbitration.  The Union requested Arbitration as of March 8^th, 2019.
• Grievance 7-1485-18 Unjust termination of Sales and Service tech Brian Hart 10/17/18. Arbitration was requested on March 8, 2019.

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
• Tracy Owen is leaving her position as Sr. Labor Relations Manager in Rochester and Peter Homes from Corporate Labor Relations is being assigned to Rochester.
• Don Moscaret Line Supervisor resigned as of March 11^th, 2019.
• Peter Homes and John Nasznic has taken over responsibility for Labor Relations in Rochester

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:

• Frontier announced that they were trialing a Micro Battle in Rochester called “Bold Chat”. From March 11^th to the end of the month, technicians can only contact assignment through their email program.  To date their have been reports of inefficiencies whereby hours of extra time to get programming work done.
• On January 8^th Bill Carpenter notified the Union that the Company was going to contract out Make Ready work normally performed by our Lineman. The Union has sent two requests for information and will be moving forward with an Unfair Labor Charge if not provided the information that we have requested.
• Beginning on February 4^th Network Carrier tech Mike Miceli is to begin his training to work with the Network provisioning team as agreed in the arbitration settlement.
• 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.
• Working on putting a training program together for Fiber splicing for the members.
• Frontier Announced its 4^th quarter results on February 26, 2019. A copy of the presentation is in your packet
• A communications Coordinator 1 was given a 1 day suspension and written warning for a poor handling of a commercial call.
• On February 20^th and 21^st CWA Local Representatives John Pusloskie, Andy Cimino, Steve Spector, and Chris Cordes travelled to Connecticut to meet with Frontier and Bargain over the performance plan for the Sales and Service techs. The end result of the meeting is that the Company wasn’t prepared to bargain and The Union filed another information request.  The week of March 11^th thru the 15^th the Company called in 15 techs that we know of to administer counseling memo’s.  The Company’s position is this isn’t discipline.  We have filed another information request to get the information for the 15 techs called in.   

Safety Committee

No report

Affiliate Report:

AT&T Mobility:

On January 17^th 2019 Upstate Union representatives met with Upstate management to address various issues.  Representing Local 1170 Were Chief Steward Teri Oliver, and CWA 1170 Secretary Rich Winter.  The following issues were addressed.

• Revised Sales relief policies
• Part time scheduling Exemptions
• Mandatory Trainings
• Key holder pay
• Retail reps getting quota relief for doing SSR Duties
• Travel Bans and their impact on Store Closings

For further information on the meeting please contact Teri Oliver or Rich Winter.

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 negotiation 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 February 8^th an agreement was reached which is to remain confidential.  The matter is finally resolved after 4 years.

Greece Lighthouse:

The current contract expires 12/31/19.

Shelly Mulhern from court security was laid off as of March 21^st, 2019. 

City of Canandaigua DPW:

The Town hired four new employees in January of 2019 who all signed membership cards to join the Union.  Their names are Brett Depuyt, Devin Ezzell, Jose, Santell, and Jordan Wistner.

The members brought forth that they weren’t getting paid the hourly differential in the contract when receiving call out pay.  The Union addressed the issue with the City manager and the City agreed to address the problem.  We still need verification in regards to how much each employee is owed.

Town of Canandaigua Employees Highway Association:

No report for March

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 Union met with the Town on February 27^th.  The Town agreed to settle the out of Town grievances above.  The Union has to write up the job duties and Joe LaRocca will be given an Out of Title assignment.

Village of Waterloo PBA:

Nothing to report

Town of Gates:

Bargaining for a new agreement for members of the full time unit will begin by May 31^st.

Political Action Committee:

The Call center Bill that the Communications Workers have been lobbying for, for the last four years has finally passed in the assembly and last week in the State Senate by 58 to 3.

On Saturday March 16^th CWA Local 1170 had 5 members volunteer to get signed petitions for Dan Maloney for Monroe County Legislature.

Other:

Assisted Frontier member with the reimbursement of $1700.00 from the “EME” program.