President’s Report 4/21/2021

President’s Report

April 21, 2021

Frontier Updates:

Membership Counts by Title as of 03/31/21

Resignations 2021

Retirements

Voluntary Severance:

Terminations/Disability

LTD Absences

Return from Long term disabilities:

FMLA

Frontier 2nd Step Grievance Meetings

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 Coor. 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 as we’ve done for other members in the past. The Grievance was settled on January 28^th, 2021 with Mike receiving 3 day’s pay for the days he returned to work on September 21^st, 22^nd, and 23^rd.

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.

No Second Step hearings have been held in November, December or January 2021 as no grievances were advanced to this stage of the process.  There were no 2^nd step requests for the month of February as well.  The Grievance report for 2020 will drop off the March Presidents report.

March 16^th, 2021 held via conference call.

Grievance 1-786-21:  The Union became aware that a fiber cable was run from colocation at Plymouth ave. AT&T to Frontier cable vault at Fitzhugh St.  Another fiber cable and racking was run from AT&T colocate room on first floor of Plymouth Ave to basement.  All work was performed by non-bargaining unit employees or contractors in violation of the CBA.  To date the Company hasn’t answered the grievance.

April 20^th, 2021 held at W. Henrietta Rd.

Grievance 7-1491-21: The Union grieved the 5-day suspension and written warning of Sales and Service tech John Fridd.

First step Grievance settlements:

Closed Out: 

Arbitration Update Frontier:

• 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
  • The grievance was approved for Arbitration at the CWA Area Director level on February 22, 2021.
• 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.  The Arbitration has been scheduled for May 26^th, 2021.
• Grievance 3-4162-18 On August 31^st 2018 the Union requested arbitration on Frontier contractors, management and other employees performing clerical work. The grievance was approved at the area director level on February 22^nd, 2021.
• 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.  The grievance was approved for arbitration at the area director level on February 22^nd, 2021.
• 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.  On December 10,2020 Area Director Deb Hayes approved case.
• 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.  The National Union approved the grievance for Arbitration on 2/25/21. At the Area Director level.
• 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.
  • The National approved the case at the area director level on February 22, 2021
• Grievance 3-4173-20, Rhonda Banks was unjustly terminated on September 17^th, 2020.
  • The National approved the case at the area director level on February 18^th, 2021.
• Grievance 5-365-20 Unreasonably denied fiber splicing training. January 12^th, 2021 letter requesting arbitration, sent to Frontier.  The grievance was approved at the CWA Area director level on February 22, 2021.

Take the Lead Sales Monthly Reports 2020

                        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 and realignments 2021

February: Director of operations Larry Washbon realigned his reportables and reassigned his supervisors to various work groups.

The Network-Carrier group was realigned under the Central Office operations rolling up under Director Brian Tasey stationed out of Connecticut.

Construction Clerks: Sue Bovenzi, Carol Lanos, and Michelle Anthony have been assigned to a new supervisor, Patrick DiGangi

Management has been realigned to have a 1 to 24 ratio of frontline supervisors to employees.

Communication Coordinator 1’s reporting out of the Commercial customer support center have a new supervisor, Paul Varga replacing Jason Cox.

March Changes: 

Dave Billone Sales and Supervisor has given his two week notice the week of March 17^th.

David Contestato Director of payroll in Rochester has resigned effective March 19^th.

Commercial NOC Center:

February 2021, issues have come up with employees complaining about the cleaning contractors not doing their job and the timely notification of covid 19 positive tests

Frontier Updates

• As a result of the issues raised by the Desk techs at Plymouth/Fitzhugh work locations. The Company reviewed the cleaning duties with the contractors and had them do a thorough cleaning.
• Retiree discounts for internet service, working with Labor relations to verify what is the base discount for retirees. A representative for the Company communicated to one of our retirees that it is for 6 meg service only.
• The Union has multiple information request in regards to Contracting, offloading and covid 19 notifications.
• The Union received notification on March 17^th, 2021 that the Company is going to move forward with contracting the following task regularly and normally performed by the Engineering clerks.
  • Estimated 17,000 double poles will need to be updated in Frogs to show correct information in the attributes with in Frogs.
  • Back Log- They have approximately 7800 in NY that came from a variety of BAU activities.
  • The Company has posted for two engineering clerks.
• Fiber buildout to 2800 homes in Webster, Penfield, and Fairport has been completed and orders are going in every day.
• The Company has filled the Buildings and Power tech job with Network tech Switch Rick Hawkins.
  • To my knowledge he was the senior qualified tech who responded to the posting.
• Resolved Long term disability payment issue for former Lineman Doug Gawel resulting in a $8,000.00 payment for him. The Company was only paying him 50% vs the 70% that he signed up for.
• Bonuses were paid out on March 18^th, the following issues were discovered:
  • Employees who were off on disability were paid a prorated bonus.
  • Several employees who retired in 2020, didn’t receive payment.
  • One employee wasn’t paid at top scale.
  • Two clerks who were grandfathered at former clerical rate received incorrect amount
  • Working with Labor to get the adjustments paid out.
  • The adjustments for the bonus checks that were prorated were paid on April 1^st. No other employees have come forward with a complaint.
• March 11^th, new CEO addressed employees on town hall style call. He laid out his agenda and what he sees as the issues.

Safety Committee

No report

Affiliate Report:

AT&T Mobility:

Arbitration update:  The Local grieved the Unjust 15-day suspension of long term technician Steven Wood over two minor motor vehicle accidents in a 3 year period.  We were notified on March 23^rd that the case was approved for Arbitration by Pat Telesco from the CWA.  The case will now be turned over to the CWA attorneys.

The National Union reached a 1-year extension with ATT Mobility extending the Orange Contract until February of 2022.

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:

No new information to report 

Town of Greece

Gold Badge Club:

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:

The Crossing guards have been without a contract since January of 2014.

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-00-106-19:  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 April 19, 2021.   The Parties settled short of an arbitration hearing and the perb charge associated with the grievance.  The Town has agreed to hold Second step meetings.

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.  The parties settled the grievance.  The Town agreed to rescind the 5-day suspension and make the employee whole.

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.  The Town agreed to rescind the 5 day suspension and make the employee whole.

G00-120-20:  On November 10^th, the Town unfairly and unjustly terminated Linda Ferraro.  The arbitration is scheduled for June 1^st and June 2^nd.

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.

All of the above grievances have been submitted to NYS Perb for a panel of Arbitrators Excluding the Andrea Chatterton and Lily Pavlovych 5 day suspensions which have been resolved rescinding the warnings and suspensions.

Arbitration Updates:

PERB Charges:

A charge has been filed with PERB that the Town has interfered with a member’s 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.

City of Canandaigua DPW:

Town of Canandaigua Employees Highway Association:

Town of Henrietta:

Contract negotiations:

10 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.  There are some serious issues that the sides are apart on and Impasse maybe called very soon.

Grievances filed:

H00-557-20:  The Town has violated the CBA by not paying employees the appropriate fatigue time rate on October 30^th, 2020.  The Town has submitted a settlement for the Union to review.  The parties have settled the grievance

H00-558-21:  On or about January 15^th, the Union became aware that the Town did not provide Mr. McKenzie his vacation allotment for year 2021 on January 1^st in violation of the CBA.  The Union has closed the Grievance as Mr. McKenzie was credited with his vacation.

H00-559-21:  On or about January 15^th, the Union became aware that the Town did not make HRA contributions for those that opt out of Town Sponsored Health insurance.  The Union accepted the Towns offer to grandfather Pogel and Sossong as they were grandfathered under the former opt out language.

H00-560-21:  On or about January 15^th, the Union became aware that the Town took carry over vacation away from employees who were out of work due to Covid-19 positive tests.  The Union settled the grievance with the Town.

In February a Maintenance Equipment Operator who was a probationary employee was terminated for unsatisfactory work performance.

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.

April 19^th, 2021 an MOU was agreed to for the year 2021 in regards to summer hours.

Village of Waterloo PBA:

In November 2020 the Village and the PBA agreed on a new 4-year agreement to be effective January 1, 2021.  Health Insurance benefits will remain the same and the officers negotiated 3% increases for the 4 years.

Gr: WPD 00-10-21 The Union grieved that on or about February 3^rd, 2021 the village violated the CBA when it paid out a prorated amount of vacation and possibly other benefits allotted to officers Higgins and Vasquez for 2020.  The parties settled at 1^st step with the Village agreeing to pay out unused vacation for 2020 to 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.