Final Bargaining Report CWA District 9- CWA & AT&T 2012-2015

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Feb 26, 2013

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This round of collective bargaining with ATT began almost exactly one year ago. The negotiations took place against a backdrop of economic and political chaos throughout the country and at a time when corporations enjoy almost entirely unfettered power. As a result, the period of time it has taken to conclude these negotiations is unprecedented. The tone of these talks has often been angry and the process has been agonizing. In the face of this, your bargaining committee has fought every single minute to bring you the best and the most that they could achieve. They have exercised every single bit of experience and skill they have, both of which they possess in considerable quantity. No stone has been left unturned, no argument has been untried and for the first time in our bargaining history in this unit we have had to utilize the assistance of a federal mediator to bring these negotiations to a close.

Throughout it all, your efforts and sacrifices through mobilization and concerted job actions have been superb. You, as members, engaged in absolutely the greatest degree and number of job actions that this company has seen throughout all of the various negotiations that took place this year.

The package that will be explained to you below contains both disappointments and positive achievements. It contains no less than what has been achieved in the other ATT settlements to date, and in some cases, due directly to the work of your committee and the steadfast support you have shown them, it contains items that surpass those settlements. All of these items are explained factually and without spin.

Your elected bargaining committee has determined that they cannot agree to or recommend this agreement. I have been with them virtually every step of the way in these negotiations, and I know they have reached their decision with all due deliberation and have considered every single relevant factor. I respect that they have come to this decision using both their heads and their hearts.

I share every emotion they are feeling. In addition I know that changes in CWA’s internal bargaining structure must take place to improve our unity and maximize the power of our entire membership. I personally am working, with the support of leaders throughout District 9, to bring about these changes.

Considering all of these factors, the overall final decision to bring this package to you for ratification is mine. I know that we have exhausted the bargaining process and I know they we have left not a single thing on the table. I also know, based on my years of experience and my responsibility to you as District Vice President, if I were to call on you and your families to sacrifice even more than you have at this point, that I do not believe the sacrifice would yield further tangible gain.

I am, therefore, asking that you fully consider all of the facts and vote to ratify this contract.

Jim Weitkamp
District 9 Vice President

Final Bargaining Report CWA District 9-AT&T

Term of Contract

The Three-year contract is effective April 8, 2012 through April 11, 2015.

Wages and Other Compensation

The general wage increase will be effective on the following dates:

October 1, 2012 2.25%
April 7, 2013 2.75%
April 6, 2014 3%

The wage schedules will be modified to reflect this increase, exponentialized with no change in the start rate.

Appendix D
The general wage increase will be effective on the following date:

October 1, 2012 2.25%
April 7, 2013 2.75%
April 6, 2014 3%

The wage schedules will be modified to reflect this increase, exponentialized with no change in the start rate.

Appendix E Premises Technician
Will receive a one-time $1.01 per hour increase applied to all weekly wage steps before the 2012 General increase.

The general wage increase will be effective on the following date:

October 1, 2012 2.25%
April 7, 2013 2.75%
April 6, 2014 3%


The wage schedules will be modified to reflect this increase, exponentialized with no change in the start rate.

Retroactive Wage Payment

Schedules will be effective on October 1, 2012 and payment for retroactive wages back to October 1, 2012 will be made as soon as practicable after ratification.

Minimum Wage Increase

Any employee on the payroll on the effective date of any of the general wage increases will receive, at a minimum, a $5.00 increase in their weekly wages even though the applicable wage step on the schedule is increased by a lesser amount.

Pension Benefits

Current Employees that continue to participate in the West Program will be eligible for the following pension band increase:

    1.0% effective January 1, 2013
    1.0% effective January 1, 2014
    1.0% effective January 1, 2015

Lump Sum

Lump sum distributions of monthly pension benefits were maintained.

Bargained Cash Balance Program #2 (BCB2) of the AT&T Pension Benefit Plan:

Effective January 1, 2013, the basic benefit credits added to the cash balance account will be increased by increasing the age credit factor by 1%.

Appendix D

BCB No change.

Benefit Changes for Active Employees Effective 01/01/2014

Kaiser Plan

Provide that the same terms and conditions as provided by Kaiser to Current Employees who are Eligible California Employees in plan year 2013, subject to changes in law and the exception below. If the cost of the Kaiser Plan to AT&T under the Kaiser Arrangement for a Plan Year is less than or equal to the cost to AT&T of the Company self-insured medical plan available to Eligible California Employees, the following monthly contributions will apply to Eligible California Employees who are enrolled in the Kaiser Plan during the Plan Year.

Plan Year 2014 2015
Individual $60 $68
Family $120 $137

If the cost of Kaiser Plan to AT&T for the Plan Year is in excess of the cost to AT&T of the Company self-insured medical plan available to Eligible California Employees, monthly contributions will apply to Eligible California Employees who are enrolled in the Kaiser Plan during the Plan Year equal to the contributions outlined above, plus the cost difference between the Kaiser Plan and the Company self insured plan for the coverage tier elected.

HCN Plan

Monthly Contribution for 2009 new hires and Current Employees:

2014 Individual $63 Family $131
2015 Individual $88 Family $181

Monthly Contribution for those hired after 8/17/2012:

2014 Individual $140 Family $300
2015 Individual $145 Family $315

Annual deductibles In-Network $500/$1000 (does not count towards OOP Max).
Annual deductibles Non-Network $1300/$2600 (does not count towards OOP Max).
In-Network OOP Max $1000/$3000
Non-Network OOP Max $3000/$9000
Co-insurance: No Change
Emergency: No Change

HMO’s

Monthly Contribution for 2009 new hires and Current Employees:

2014 Individual $63 Family $131
2015 Individual $88 Family $181

Monthly Contribution for those hired after 8/17/2012:

2014 Individual $140 Family $300
2015 Individual $145 Family $315

For fully-insured coverage options other than Kaiser coverage offered to residents in California, when the premium for the fully insured coverage option (for example HMO premium) is equal to or less than the cost of coverage for the Company self-funded option (company Plan) for the same coverage tier, the contribution amount for the Company Plan shall apply; if the premium for the fully-insured option is greater than the cost of coverage for the Company Plan, then the employee contribution is the contribution for the Company Plan plus the difference between the cost of the fully-insured coverage option and the cost of the Company Plan for the applicable tier.

RX Plan

Completely separate-does not count toward HCN deductible or OOP Max

Co-pay 30 Day Supply Mail order 90 Day
Generic $10-2014
$10-2015
$20-2014
$20-2015
Formulary $20-2014
$30-2015
$40-2014
$60-2015
Non-Form $40-2014
$60-2015
$80-2014
$120-2015

OOP Max $900/$1,800 2014 & 2015 RX only
90 day prescriptions available at CVS Pharmacies at mail order rates.

Vision – No Change
Dental – No Change

Benefit for Future Retirees Effective

Medical
Current Employees - The contribution shall be the same as for a similarly situated active Current Employee.

2009 New Hires
Eligible Retired Employees who are Non-Medicare eligible will pay 50% of coverage.
Eligible Retired Employees who are Medicare eligible are ineligible for coverage.

2012 New Hires
Eligible Retired Employees who are Non-Medicare eligible will pay 100% of full cost of coverage with no Company subsidy.
Eligible Retired Employees who are Medicare eligible are ineligible for coverage.

Medicare Part B
Current Employees- No change from current plan.
New hires 2009 New Hires-Not eligible

Life Insurance-No Change

Benefit Changes for Current Retirees

No improvements.

Employment Security

Early Retirement Benefit (ERB) - is replaced by a new Enhanced Severance Benefit (ESB) which must be offered before any declaration of surplus. (See Art 2)

The Employment Security Commitment (ESC) - Article 2.01 will not be cancelled or suspended for the life of the 2012 Agreement for (1) employees hired prior to July 1, 2004 and (2) employees hired on or after July 1, 2004 and prior to April 8, 2012 who have satisfactory job performance and attendance on the first day of the maintained phase (see section 2.06E)

The ESC will not apply to employees hired on or after July 1, 2004 and prior to April 8, 2012 who do not have satisfactory performance and attendance on the first day of the maintained phase (see Section 2.06E)

The ESC will not apply to employees hired after April 8, 2012

A job offer to a Sales Consultant position or a Sales Consultant-Bilingual position will meet the commitment of a job offer under Article 2, section 2.01.

Successorship

Provide for a Successorship Memorandum of Agreement.

Horizons

Continue the annual Horizon’s for the 2012 contract.

Establish a Joint Training/Retraining Committee to discuss the potential transition from the Horizons Program to the Alliance and/or the Alliance Plus Programs. (These are better programs for members)

National Transfer Plan

National Transfer Plan will include voluntary movement in and out of Mobility.

Neutrality and Card Check –No Change

Article 1 - No Change

Article 2

  • Automated Upgrade and Transfer System (AUTS) – Change Article 2, Section 2.04 with the following to be implemented as soon as is administratively feasible.
  • Allow eligible employees unlimited transfer request(s).
  • Allow eligible employees to submit ten (10) future requests.
  • Future transfer request(s) will be valid for 1 year rather than 6 months.
  • Change posting period from five (5) business days to seven (7) calendar days.
  • Job related requirements for placement (test qualifications, time in title, time in location, skills verification, performance, attendance, etc.) as applicable will be confirmed and processed as the candidate list is worked.
  • If employees take corporate funded training, they may request testing upon successful completion.
  • Basic test qualification prior to bidding will be eliminated.
  • Eliminate declination penalty for all non-future requests.
  • Employees will be responsible for keeping future requests up to date.
  • Allow employees to create search agents. Employee configured search agents will notify employees by email when requisitions are posted that match employee’s interest.
  • Establish AUTS requisition trial in which Priority Staffing will batch requisitions every Wednesday.
  • For Relocation of Existing Work and Force Rearrangements, provide that an administrative work unit is limited to a work location.
  • For Force Rearrangements, substitute the definition of administrative work unit for work group.
  • Enhanced Severance Benefit (ESB) Replaces Early Retirement Benefit (ERB)
  • Company may offer ESB at their discretion, but surplus will not be declared in a work unit where ESB has not been offered.
  • ESB will be two (2) options with the employee choosing which one they would like to accept.
  • Option (1) ESRO, The Separation Benefit in Section 2.07C, 2.07E, and 2.07F plus an additional $25,000.
  • Eighteen months unlimited access to AUTS. Employees leaving the service with ESRO continue to receive six (6) months of Company paid medical, dental, and vision coverage, with eligibility for COBRA coverage at the end of company coverage.
  • Option (2) Layoff Table – The layoff table in Section 8.01C. Payment options for layoff allowance are the same as stated in Section 2.07D. Eighteen months unlimited access to AUTS. Employees leaving the service with Layoff Allowance continue to receive six (6) months of Company paid medical, dental, and vision coverage, with eligibility for COBRA coverage at the end of company coverage.
  • Voluntary Separation Benefits (VSB) – This is a process where a non- surplus employee, who would like to leave the company with ESRO may volunteer to replace a surplus employee and the surplus employee is offered the volunteers job.
  • Incorporate VSB into Article 2 and make mandatory part of surplus process.
  • Pooling of Titles – During the term of the 2012 Contract, the titles of Telecommunications Technician, Service Technician, Splicing Technician, System Technician, and System Technician - Data Communications will be pooled (treated as a single title) for Surplus conditions.
  • Any employee who is force rearranged from a Wage Schedule 11 or a Wage Schedule 12 title, into a Wage Schedule 12 title will be changed to the title they were force rearranged into, at Wage Schedule 12.
  • Any Wage Schedule 12 employee, who is force rearranged into a Wage Schedule 11 Service Technician position, will have their title be Splicing Technician at wage schedule 12. .
  • Trigger of Appendix E, Section E1.01D – If the Company determines to place specific Appendix A surplus titles into Appendix E. The company will identify titles that will be assigned Appendix E jobs under section 2
  • All Surplus Appendix A employees may place a Voluntary Bid for these Appendix E positions. If not in the identified title subject to assignment into E they will be eligible for pay protection provided in Section E1.01D and/or Relocation Expense provided in Section 2.08. They will not be eligible for other protections in Section E1.01D.
  • Surplus Appendix A employees in titles identified as subject to assignment into E that are placed in E, either by a Voluntary Surplus bid or Assignment will be eligible for pay protection provided in Section E1.01D and/or Relocation Expense provided in Section 2.08. They will also be provided all other protections in Section E.01D.
  • Increase in relocation expense maximum to $14,000.

Article 3:

  • Increased number of Union excused absences from ninety (90) to one hundred twenty (120). For not more than 150 authorized representatives of the Union, excused absences may be granted not to exceed one hundred eighty (180) scheduled working days.
  • Increased number of days authorized representatives of the Union will be paid for attending meetings with management for the purpose of negotiating a written Contract; total days paid for each employee will not exceed fifty (50) days.

Article 4

Upgrades:

    Potentially upgrade 359 eligible qualified volunteers in the title of Facilities Technician (WS 9) will be upgraded to Communications Technician (WS 12) by end of CBA.

    Upgrade 84 Staff Associates (WS 4) in Network Construction and Engineering to Engineering Administrator(WS 6)

Title Changes:

    23 Communications Technician (WS 12) to Splicing Technician (WS 12)

    3 Systems Technicians (WS 12) to Splicing Technician (WS 12)

    3 Data Administrators (WS 6) to Engineering Administrators (W 6)

OJE’s (Occupational Job Evaluation):

    2 Engineering Assistants (WS 12)

    1 Data Specialist (WS 8)

    1 Maintenance Administrator

Article 5

  • Increase per diem allowance from $37.00 to $42.00 per day.
  • Change Article 5, Section 5.01F-Illness Absence payments-All employees with at least one (1) year of service shall be paid for a maximum of eighty (80) hours of illness absence time per calendar year. If an employee uses forty (40) hours of paid illness absence time in the next calendar year for the sole purpose of providing paid illness absence time for the five (5) paid day period leading up to an approved disability after the initial eighty (80) hours has been exhausted.

Article 6

  • Vacation Accrual-for employees leaving the business, other than because of death, layoff, or retirement or with surplus severance benefits, provide payment in lieu of vacation only for accrued, unused vacation.
  • For employees leaving the business because of death, layoff, or retirement or with surplus severance benefits, provide payment in lieu of all unused vacation time.
  • For employees leaving the business, provide payment in lieu of all unused PDO’s.
  • For employees that are terminated or voluntary resignation no payment for unused accrued vacation.

Article 7 –No Change

Article 9

  • Provide employees in the following job titles one (1) pair of work boots annually:
  • Premises Technician, Outside Plant Technician, Services Technician (I/R), Splicing Technician, Supply Service Attendant, System Technician – Data Communications, System Technician (I/R), and Cable Locator.

Appendix A

  • Added Seniority Tie Breaker Language

Add Appendix F (TIU) into Appendix A4Appendix D

  • Increase Per Diem from thirty dollars ($30) to forty-two dollars ($42).
  • The provisions of Article 7, Problem Resolution Procedure will replace Appendix D, Sections D10-01 – D10.12, Problem Resolution Process.

Appendix E Premises Technicians

  • Seniority Scheduling
  • Employees will have the opportunity to work thirty-two (32) hours in a week.
  • Sunday premium payments and Holiday pay will not be offset against daily or weekly overtime pay otherwise due for the week (no crediting).
  • Overtime cap is fifteen (15) hours in a calendar week (unless employee consents or there exists an emergency condition).
  • Meal reimbursement increased from thirty ($30) per day to thirty-five ($35) per day for overnight trips.
  • Vacation accrual Article 6 applies.
  • Add Flextime to Appendix E employees.
  • Employees may take, upon request, 1 paid personal day off per year subject to limitations. The guaranteed time off may be taken in up to two (2) half (½) day increments. Three months of the year may be designated by the companies as unavailable for guaranteed time off.
  • Absence payments remain the same (5 day cap).

Premise Technician Duties

Except as specified below, for all current and future products and services, regardless of the technology (e.g., copper, wireless, etc.) or equipment involved: (1) place, repair, remove and rearrange cross-connects at the Serving Area Interface (SAI); (2) place, remove, repair and rearrange the drop (s) at the Serving Terminal; and, (3) perform all work at and/or in the customer premises.

Install and maintain all current and future IP enabled products and service, including but not limited to IPDSLAM. IP enabled products and services are all current and future products and services delivered over the IP network, including but not limited to IPDSLAM, whether installed separately (e.g., stand alone VDSL installations) or in any combination.

Tone back into the network incorrectly assigned facility(s) from the Serving Terminal and /or NID or equivalent to the SAI for the purpose of placing the drop and/or cross connect on an available facility (s) while performing installation work for all current and future IP enabled products and services.

A Premises Technician will not perform Cable Repair Work. (A Premises Technician will not work in the Cable.)

The Core technician will continue to perform the following;

Installation and maintenance work for the TDM enabled voice ser (POTS), including station and inside wire installation and maintenance of POTS service.

Initial installation work for ATM enabled DSL service, excluding any or all vertical or enhanced products or services at the customer premises.

A Premises Technician may, however, perform any of this work from the Serving Terminal up to and including the customer premises if he/she has already been dispatched to the premises for work not covered by the two (2) bullets immediately above.

A Premises Technician will not perform Cable Repair Work. (A Premises Technician will not work in the Cable.)

Premises Technicians-From date of ratification forward Pole Climbing will be a condition of employment.

If an incumbent Premises Technician as of date of ratification is unable to pass pole climbing requirements they will be grandfathered.

Overtime

  • Establish a process for the assignment of mandatory overtime to Appendix A employees.
  • CAPS - The maximum assigned (mandatory) overtime for an employee is eight (8) hours in a calendar week eight (8) months of the year and twelve (12) hours the other four (4) months of the year (Except in emergency conditions). All overtime worked (voluntary and/or assigned) will apply toward the weekly overtime caps. The Department will designate which months are 8 hours and which are 12 hours no later than the last week of November for the upcoming year. Once established for the upcoming year they will not be changed.
  • Outside Technicians; The Company must first solicit for volunteers. If seventy percent (70%) of the available and qualified workforce, able to perform the work from the Overtime List where overtime is needed volunteer, overtime will not be assigned. If less than 70% volunteer the company may assign overtime to the remainder of the employees on the Overtime List where overtime is needed, unless qualified volunteers from other overtime list solicited as provided below.
  • Volunteers for overtime on weekdays (scheduled days) will be solicited in advance, first from overtime list were overtime is needed (availability list). If 70% are not available then additional qualified volunteers from availability list in the same organization as the overtime is needed, where as determined by the company these volunteers can reasonably be assigned or dispatched to the needed work, based on time, location, work load and qualification constraints. If the additional volunteers are not sufficient then non volunteers from the list where the overtime is needed may be assigned.
  • Volunteers for overtime on weekends (unscheduled days) will be solicited by availability list first from the overtime list where the overtime is needed then in the same organization as above. In CIM, should additional qualified volunteers be needed, they will be solicited from availability list from First Mile and Construction and Engineering (C&E) organizations, where as determined by the company these volunteers can reasonably be assigned or dispatched to the needed work, based on time, location, work load and qualification constraints. If the additional volunteers are not sufficient to satisfy the work load, then non volunteers from the list where the overtime is needed may be assigned.
  • Except in the event of emergency conditions, notice of assigned overtime will be provided to employees by 10 AM the day before. The notice requirement applies only to employees at work the day before the assigned overtime is needed. Notice will be provided as early as practicable to employees who were not at work the day before overtime is needed. Should the need for assigned overtime be resolved after employees are notified, management has the discretion to cancel the overtime work. Cancellation of assigned overtime should not be the norm.
  • Volunteers for overtime may be offered work in increments of time or tickets.
  • Assigned overtime will be in increments of time.
  • A joint Overtime Oversight Committee will be established.
  • A process for being excused and/or exempted for mandatory overtime established.
  • Other titles in Appendix A may have a process for implementation developed by the Overtime Oversight Committee within 90 days of ratification.
  • A narrow definition of “Emergency Condition” is mutually agreed to.

Leveraged Title

  • Modify the existing Leveraged Titles MOA-
  • A job offer to a Leveraged Title will meet the commitment of job offer. (ESC)
  • Wages for surplus employees hired prior to April 4, 2004, will be frozen at the employee’s current rate of pay until the base wage amount for the Leveraged Title into which the employee is assigned reaches the rate of pay the employee had when he/she was assigned into Leveraged Title position
  • Wages for surplus employees hired on or after April 4, 2004, will receive a Reassignment Pay Protection Plan (RPPP) lump sum payment in accordance with the Leveraged Title RPPP Payout Table.

Monitoring

Modify the recording retention requirements to meet CPUC rulings.

Guaranteed Time Off

Employees may take, upon request one (1) paid Personal Day Off per year, subject to limitations. The guaranteed time off may be taken in four (4) two (2) hour increments. Four (4) months of the year may be designated by the Companies as not available for Guaranteed Time off.

MOA’s

  • Maintained all letters except those that had expired or completed
  • Eliminated ERB
  • Retained GIIT
  • Retained Success Sharing Plan (SSP)
  • Retained Horizons
  • Re-issue 2004 GPS letter
  • Issue Letter regarding Transitional Work Program (TWP)
  • Modify Leverage Title-
  • Modify National Transfer Plan-Includes Mobility
  • Modify Relocation Expense Maximum-See Article 2
  • Modify Company Paid Union Appointed Representative(1)
  • Established a MOA Pooling- see Article 2
  • Establish MOA Guaranteed Time Off
  • Establish MOA Quality of Work Life Committee(QWL)
  • Establish MOA AUTS Requisition Trial
  • Establish MOA Loans to other Titles
  • Establish MOA Facilities Technician Upgrade
  • Establish MOA Network C&E Title Changes cp 39
  • Establish a MOA- Tuition Aid
  • Establish a MOA-Statewide Digital Electronic Group Mini-Transfer Agreement
  • Establish a MOA-Successorship
  • Establish a MOA-Rehired Retirees in a conjunction with MOA 01-48

Respectfully Submitted, Bargaining Committee Members

Tom Runnion- Chair, Bill Demers, Marisa Remski, Art Gonzalez, Pam Suniga