AT&T Contract 2015: Articles 21 ~ 30

ARTICLE 21 – EXCUSED WORK DAYS

  • Each regular employee who has at least six (6) months of net credited service on January 1 of each calendar year during the life of the Agreement, shall be eligible for four (4) Excused Work Days with pay and one (1) Excused Work Day without pay during each of such years.
  • Employees who do not work on their paid Excused Work Day shall be paid at their Adjusted Rate plus any applicable tour differential (excluding any wage incentive or productivity payments) provided they are on the active payroll of the Company on that Excused Work Day.
  • One (1) paid Excused Work Day in each calendar year may be designated by the

Company for employees in an administrative work group (as designated by the Company) or in any larger group, including the entire Company. Employees in any such group for which an Excused Work Day is designated by the Company and who are not otherwise eligible for a paid Excused Work Day shall be excused and paid for such designated day as set forth in the preceding Paragraph, provided they are on the active payroll of the Company on the designated Excused Work Day.

  • Employees shall select their Excused Work Days (except those Excused Work Days designated by the Company) in accordance with Article 22 (Vacations).
  • Employees who are on vacation or absent with pay on their paid Excused Work Day for reasons other than having observed it as an Excused Work Day shall have their paid Excused Work day rescheduled, if a vacation day would have been rescheduled under the same circumstances.
  • If employees agree to work on their paid Excused Work Day and the Company determines that the day cannot be rescheduled, they shall be paid as applicable in accordance with the following Subparagraphs:
    • Employees who agree to work before the work schedule becomes fixed shall receive one (1) day’s pay as set forth in Paragraph 2 in lieu of their Excused Work Day and shall, in addition, be paid in accordance with the provisions of this Agreement covering work on a scheduled day of work.
    • Employees who agree to work after the work schedule becomes fixed shall receive one (1) day’s pay as set forth in Paragraph 2 in lieu of their Excused Work Day and shall, in addition, be paid in accordance with the provision of this Agreement covering work on a Non-Scheduled Day.
    • Time worked by an employee on his or her Excused Work Day shall be considered time worked on a regularly scheduled day of work for all purposes, except as is otherwise expressly provided in this Article.
  • The Company and the Union recognize that it may be in the best interest of employees to have the ability to take time off for brief intervals because of personal, immediate needs. Accordingly, for each calendar year during the life of the Agreement, up to three (3) Excused Work Days (EWDs) may be used as follows:
    • An employee may designate and schedule, as applicable, three (3) EWDs to be used flexibly. This provision shall apply to an employee’s unpaid EWD and/or his/her paid EWD(s) which are not designated by the Company.

 

 

 

Article 21

  • Each flexible EWD may be divided into increments of one (1) hour for an increment, provided, however, that where the length of an employee’s Scheduled Daily Tour is not evenly divisible by one (1), the last increment of each EWD may be less than one (1) hour.
  • An increment may be taken at any time during the vacation schedule period up to and including the actual scheduled Excused Work Day provided:
    • His/her supervisor is notified before the beginning of the tour, or
    • In the case of emergent circumstances arising after reporting to work, the employee notifies his/her supervisor of the need for time off, and
    • In either case, not more than twenty-five percent (25%) of the work group has already been granted time off. In the event more than twenty-five percent (25%) of the work group is scheduled off, then the time may be granted consistent with the needs of the business.
  • The time may be taken based on the employee’s personal need to take the time.
  • If there is unused time available on the day of the so-scheduled EWD, the employee must take the remaining time on the scheduled day even if that increment is less than one (1) hour.

 

ARTICLE 22 – VACATIONS

  • Eligibility
    • Subject to the provisions of paragraph 7 and 8, effective January 1, 2013 employees with six (6) or more months of continuous service since the date of the employee’s most recent engagement shall be eligible to accrue annual vacations as follows:
      • One (1) week of vacation after the completion of a term of employment of six (6) months.
      • Two (2) weeks of vacation after the completion of a term of employment of twelve (12) months. When terms of employment of six (6) and twelve (12) months are both completed in the same calendar year, employees shall be eligible to accrue a maximum of two (2) weeks of vacation during that year.
      • Two (2) weeks during each calendar year after the year in which a term of employment of twelve (12) months is completed.
      • Three (3) weeks beginning with the calendar year in which a term of employment of seven (7) years is completed.
      • Four (4) weeks beginning with the calendar year in which a term of employment of fifteen (15) years is completed.
      • Five (5) weeks beginning with the calendar year in which a term of employment of twenty-five (25) years is completed.

NOTE: After employees reach their initial six (6) months of net credited service, vacation days are accrued proportionately during the calendar year.

  • Part-time employees shall receive a vacation allowance equal to their applicable part-time equivalent work week if eligible under Paragraph 1 (Eligibility) at the time of their vacation.
  • An employee’s vacation assignment in a particular vacation week or on a particular vacation day shall not be modified because of illness or accident which occurs after that vacation assignment has begun.
  • Day-at-a-Time Vacation

An employee may select vacation on a day-at-a-time basis during the vacation selection process described in Paragraph 8 (Scheduling of Time Off). 5 Carry Over Vacation

  • Employees may select all of their vacation during the carry-over period of the following year during the vacation selection process as described in Paragraph 8 (Scheduling of Time Off).
  • Subject to needs of the business and force requirements, employees may reschedule a vacation period selected in the current calendar year to an available vacation carry-over period in the following year.
  • Any week or weeks of vacation carried over from one (1) calendar year into the next must be completed no later than the last week ending in April of the year into which they are carried over.
  • If an authorized holiday occurs during an employee’s vacation, an additional day off with pay will be scheduled. This additional day off will be considered a vacation day for the purpose of determining work schedules, but need not be taken contiguous to a vacation week.
  • Payments in Lieu of Vacation
    • In the event of an employee’s resignation or discharge (for other than misconduct) before using all the vacation which the employee is eligible to accrue under Paragraph 1 (Eligibility), an amount equivalent to such unused accrued vacation shall be paid to the employee.

 

  • To determine the number of “accrued” current year vacation hours for employees who have completed at least six (6) months of service and who are eligible as noted in Paragraph 1 (Eligibility), see the chart below:

 

Month

Employee

Leaves

Company

or

(Credited

Months)

Annual Eligible Vacation Hours
5 Days or

1 Week

(40 Hours)

10 Days or

2 Weeks

(80 Hours)

15 Days or

3 Weeks

(120 Hours)

20 Days or

4 Weeks

(160 Hours)

25 Days or

5 Weeks

(200 Hours)

 

 

Number of “Accrued” Current Year Vacation Hours

Jan. (1) 3 7 10 13 17
Feb. (2) 7 13 20 27 33
Mar. (3) 10 20 30 40 50
Apr. (4) 13 27 40 53 67
May (5) 17 33 50 67 83
Jun. (6) 20 40 60 80 100
Jul. (7) 23 47 70 93 117
Aug. (8) 27 53 80 107 133
Sep. (9) 30 60 90 120 150
Oct. (10) 33 67 100 133 167
Nov. (11) 37 73 110 147 183
Dec.(12) 40 80 120 160 200
  • In the event of an employee’s retirement, layoff, or death before using all the vacation which the employee is eligible to receive under Paragraph 1 (Eligibility), an amount equivalent to such unused vacation, as though it was granted based on the number of years net credited service and not based on the accrual language, shall be paid to the employee or his/her beneficiary or estate.
  • Scheduling of Time Off
    • Employees will select available time off for which they are eligible from the schedule as determined by the Company in accordance with the procedures provided in this Article. The period during which time off may be scheduled shall extend through the last full week ending in April of the following calendar year.
    • Time off for this purpose includes full weeks of vacation, day-at-a-time vacation, Excused Work Days (paid or non-paid), floating holidays, and days in lieu of holidays which occur during a scheduled vacation week. Employees may not select half-tour vacations during the vacation selection process. However, employees may subsequently request five (5) vacation days on a half-tour basis and such request shall be granted if service and coverage conditions permit.

The assessment, discussion, and decision whether to grant additional vacation days in half-day increments will take place annually prior to the vacation selection Article 22

process as set forth in Article 22, Paragraph 8(d).

  • Employees shall select time off in seniority order within each vacation selection universe, in the priority set forth in this Article, as determined by the Company. It is the intent of the parties that the employees’ selection will be granted to the extent practicable consistent with force requirements and the needs of the business.
  • The vacation selection process in a vacation selection universe will begin no earlier than November 1. The entire process of scheduling time off shall be completed by December 31, for employees covered by Article 37 (Operator Services). For all other employees, the vacation selection process should ordinarily be completed by December 31, but in any event should be completed no later than April 1. Employees who will not be readily available between November 1 and December 31 may express their preference for choices in advance of November 1 and, if available, their choices will be assigned as chosen in accordance with seniority provided that service requirements permit. Prior to the beginning of the calendar year, management will canvass the vacation selection universe to allow the employees to select scheduled vacation weeks from the available dates. Only full weeks of vacation are included in this first selection priority.
  • In addition to the time off scheduled under Paragraph 8(d) above, employees shall also select all other time off for which they are eligible, and such time will be referred to as “Reserve Time” on the second selection priority canvass.
  • An employee who is contacted must select the vacation period desired in a reasonable period of time or that employee will be passed. Employees who are passed shall have the right to make a selection from the remaining available periods in accordance with their seniority, but may not preempt the period selected by any other employee. For employees who have not selected their vacation by the end of the selection period, the Company will have the option to assign their remaining vacation.
  • Subject to the needs of the business and force requirements, employees may reschedule any of their vacation, whether assigned by the Company or selected by the employee, to available vacation periods, but may not preempt the period selected by any other employee.
  • Employees shall not be permitted to exchange seniority rights in the selection of vacation periods. After vacation schedules have been posted, however, employees covered by Article 37 (Operator Services) shall be permitted to exchange vacation periods subject to service and coverage conditions.
  • Rescheduling Vacation Due     to Permanent             Transfers,      Assignments, or Reassignments
    • If an employee is permanently transferred, assigned, or reassigned to a different work group as a result of a Company initiated transfer, assignment or reassignment, then to the extent that needs of the business permit, the employee will retain the vacation schedule that was approved in the prior work group.
    • If an employee initiates a transfer, he or she is required to reselect his or her vacation from those days available within the new work group.

 

  • The decision of the Company on service and coverage requirements in this section shall be controlling unless the Company is shown to have acted arbitrarily or in bad faith. Any dispute concerning the interpretations or applications of this Article may be taken up as a grievance and, if necessary, submitted to arbitration, in accordance with Article 10 (Arbitration).
  • Payment for vacation shall be at the employee’s Adjusted Rate plus any applicable tour differential.

 

ARTICLE 23 – HOLIDAYS

1 The following days shall be observed as holidays:

New Years Day – January 1

Inaugural Day – January 20 of the year following Presidential Election for employees located in Washington, DC; Montgomery and Prince Georges

Counties, Maryland; Alexandria, Arlington and Fairfax Counties, Virginia

Memorial Day – Last Monday in May

Independence Day – July 4

Labor Day – First Monday in September

General Election Day – In even numbered years in New Hampshire only

Thanksgiving Day – Fourth Thursday in November

Christmas Day – December 25

 

An Employee on the payroll in the calendar year in which the holiday would be observed will have the option to select one of the following holidays as a fixed recognized holiday that year:

 

Martin Luther King Jr.’s Birthday

Good Friday

Veterans Day

The Employee’s Birthday

Presidents Day

Day After Thanksgiving – Fourth Friday in November

 

Eligible Employees will be provided the option to select a day during the normal vacation scheduling process. An eligible Employee who does not select one of these days as a fixed recognized holiday may select an additional Floating Holiday under the normal scheduling process for a Floating Holiday.

 

Three (3) Floating Holidays; except that in the State of New York, the number of floating holidays shall be four (4). One (1) of the floating holidays may, at the option of the Company, be designated as a local or national holiday, provided the Company so designates prior to the scheduling of vacations pursuant to Article 22 (Vacations), Paragraph 8 (Scheduling of Time Off).

NOTE: When a holiday occurs on a Sunday, the following Monday shall be observed as the holiday for employees not scheduled to work on Sunday, and such employees shall be compensated pursuant to Paragraphs 4 and 5, as appropriate. If a holiday in a calendar year occurs on a Saturday, the preceding Friday will be observed as the holiday for employees not scheduled to work on Article 23

Saturday, and such employees shall be compensated pursuant to Paragraphs 4 and 5, as appropriate.

  • Floating holidays must be taken on a normally scheduled day of work and will be scheduled in accordance with the scheduling provisions of Article 22 (Vacations), Paragraph 8 (Scheduling of Time Off).
  • New employees are eligible for all designated holidays occurring after their date of hire, and they will be eligible for floating holidays in accordance with the schedule below:

 

Eligibility:

 

January 1 – June 30  3 July 1 – September 30  2

October 1 – November 30                                                                           1

  • Holiday Compensation for Full-Time Employees Shall be as Follows:
    • Full-time employees who are excused from work on the day a holiday is observed shall be paid a holiday allowance equal to one fifth (1/5) of their Adjusted Rate, including any tour differential to which the employees would have been eligible had they not been excused.
    • Full-time employees who work on the day a holiday is observed shall be paid, in addition to the holiday allowance, at one and one-half (1 1/2) times the Hourly Adjusted Rate for time worked during their Scheduled Daily Tours. Hours worked outside the Scheduled Daily Tour shall be compensated at the Double Time and One Half Overtime Rate.
  • Holiday Compensation for Part-Time Employees Shall be as Follows:
    • A part-time employee shall be paid a holiday allowance equal to one fifth (1/5) of that employee’s “equivalent work week classification.”
    • A part-time employee who works on a holiday shall be paid pursuant to Article 18 (Classification and Treatment of Part-Time Employees).
  • Any employee who is absent and unexcused on the scheduled work day before and after the holiday shall not be paid the holiday allowance.
  • An employee who is scheduled for work on a holiday but who fails to report for work and is not excused shall receive no payment for the holiday.

 

ARTICLE 24 – FORCE ADJUSTMENT – LAYOFF, PART-TIMING, AND RECALL

1 Layoffs and Part-Timing

Whenever force conditions are considered by the company to warrant part-timing or layoff of regular employees, such force adjustments as the Company may deem necessary, shall be made among those regular employees in a Geographical Commuting Area (GCA) as defined in Article 16 (Transfers, Travel Allowances, and Moving Expenses), in the same Organization having the same job title (except for force adjustments affecting Construction Technicians or Senior Construction Article 24

Technicians, where the geographical area shall be a Region of the company), through part-timing or layoffs or both, subject to the following conditions:

  • Prior to any regular employee being laid off or part-timed pursuant to this Article, temporary and term employees in the same job title, same Organization, and GCA shall be work completed. However, such temporary or term employees may be retained or employed temporarily to meet peak load situations or other temporary situations unless there are qualified volunteers from among those at-risk employees in the same job title, same Organization and GCA scheduled to be laid off who will assume the duties of the temporary or term employees.
  • In the event that further force adjustments by means of layoff are deemed by the Company to be necessary, the Union shall be advised by the Company as to its proposed plan for accomplishing such further force adjustments sixty (60) days before the adjustment is to become effective. During the first forty-five (45) calendar days of the sixty (60) day period, the Union may offer the Company, in writing, a plan to accomplish the force adjustments deemed by the Company to be required. If the Union’s plan meets the foregoing requirements, the Company agrees to consider the plan proposed by the Union. If no such written plan is received by the Company from the Union within said forty-five (45) days, or if the parties are unable to agree upon a plan, the Company will proceed with the force adjustments according to the plan the Company proposed.
  • Whenever such force adjustments are accomplished by layoffs, such layoffs shall be among those regular employees in the same Organization having the same job title, in the GCA. Layoffs shall be in inverse order of seniority except that employees who (1) have been assigned to a management title, other than as a result of a temporary promotion, for a continuous period of twelve (12) or more months prior to their most recent return to the bargaining unit and (2) whose most recent return to the bargaining unit from a management title other than one arising from a temporary promotion is within twelve (12) months of a declaration of surplus in the bargaining unit title in the GCA and Organization to which they are assigned at the time of the surplus declaration (hereinafter referred to as a returning manager), shall be laid off prior to any other employee in the same title in the same Organization and the same GCA being laid off. For employees in the titles of Customer Engineer I, Customer Engineer II, and Customer Engineer III, however, the Company may retain three percent (3%) of the total employees in the same job title within the same Organization in any GCA despite lesser seniority. In each GCA, when the provisions of this Article are implemented, at least one (1) employee may be protected.  An individual may only be protected two (2) times during the life of the Agreement.
  • When employees other than a returning manager (as described in Paragraph

1(c)) in the affected job title within the same Organization of the Company in the GCA (as identified in Paragraph 1) who have five (5) or more years net credited service are notified by the Company that they are to be laid off, those employees shall have the right to select in order of seniority, another job from a list of jobs with the same job title, in the same Organization of the Company held by employees having the least seniority within the employee’s Force Adjustment Region (as outlined in the note below) provided (1) the selecting employee is qualified to perform the selected job; (2) the employee holding the selected job is not one of the employees designated for retention by the Company Article 24

in accordance with Paragraph 1(c) above; and (3) the employee holding the selected job has less seniority than the selecting employee. The list of jobs held by the least senior employees identified above shall not be greater than the number of jobs declared surplus, or the number of employees who have indicated a desire to select from this list another job within the applicable Force Adjustment Region, whichever is less.

NOTE: The Force Adjustment Regions shall be comprised of the following groups of states:

REGION 1: NY, ME, NH, VT, MA, CT, RI, NJ, PA, DE, MD, WV, VA, DC

REGION 2: NC, SC, GA, KY, TN, MS, LA, FL, AL, AR, MO, KS, OK, TX

REGION 3: OH, IN, IL, MI, MN, WI, NE, IA, ND, SD

REGION 4: AZ, NM, CO, CA, MT, WY, UT, ID, WA, OR, NV, HI, AK

(e) When the affected title exists in only one GCA within a Force Adjustment Region, the provisions of 1(d) will apply as if the Force Adjustment Regions were the entire country. 2 Pooled Titles

  • When the affected title in Paragraph 1 (Layoffs and Part-Timing) above is

Communications Technician, Administrative Clerk, Word Processing Specialist, Records Clerk, or Office Clerical Assistant, all employees in the GCA in each specific title shall be treated as though they are in the same organization of the Company for force adjustment purposes.

  • When the affected title in Paragraph 1 (Layoffs and Part-Timing) above is Operator or Bi-Lingual Operator, all employees in these titles in the same GCA shall be treated as though they have the same title and are in the same organization of the Company for force adjustment purposes.
  • When the affected title in Paragraph 1 (Layoffs and Part-Timing) above is Account Representative or Customer Representative, all employees in these titles will be treated as though they have the same title for force adjustment purposes.
  • Recall

If additions of regular employees to the work force are required in the affected job titles, Organization, and GCA within three (3) years of the last layoff therein, the Company shall proceed as follows before hiring new employees:

  • Former regular employees, who held the affected job titles within the Organization and the GCA at time of layoff, shall be offered recall to their prior job title (or its successor title or for a title of equivalent status for which they qualify), in the GCA in inverse order in which such employees were laid off, provided:
    • Their period of layoff has not exceeded three (3) years; and,
    • They are physically able to perform the duties of the work available.
  • Notice for recall shall be mailed by certified or registered letter, return receipt requested, to the employee’s last mailing address known to the Company’s employment office.
  • The Company will assume that failure on the part of any former employee to Article 24

notify the Company within fifteen (15) days concerning acceptance of an offer of recall or to report for duty within fifteen (15) calendar days from the date of the offer, constitutes a rejection.

  • It shall be the responsibility of such former employees to notify the Company, at the employment office, of their desire for recall and to keep the Company currently informed of their correct address.
  • Nothing in this agreement shall limit the engagement of term or temporary employees in the event of an emergency or to meet peak load or other temporary situations.
  • Layoff Payments

Employees laid off under the provisions of this Article will be entitled to a payment as specified in Article 25 (Termination Payments).

  • Relocation Expenses

A Surplus Placement employee who accepts a position that is outside his/her Local Placement Area (LPA) will receive a lump sum relocation allowance, provided the new reporting location exceeds thirty-five (35) road miles from the employee’s old reporting location, and is further in road miles from the employee’s current residence than the old reporting location.

Provided the employee actually relocates his/her residence within six (6) months from the effective date of the transfer, the allowance will be the lesser of: (1) the termination allowance for which they would have been eligible upon layoff; or (2) $13,000.00.

Surplus employees who are placed via the AT&T Transfer System (ATS) Surplus Placement program, meet the ATS relocation criteria, and are compensated for actually relocating their residence shall be offered the opportunity to move back to the former location with relocation compensation for the lesser of: (1) the termination allowance for which they would have been eligible upon layoff; or (2) $13,000.00; however, in no case shall an allowance for a relocating employee be less than $7,000.00, provided the following conditions are met:

  • the employee is laid off at the new site within three (3) years of placement,
  • the employee relocates back to the original geographic location,
  • the employee does not qualify for any other AT&T provided relocation

compensation program.

 

Article 25

ARTICLE 25 – TERMINATION PAYMENTS

  • A termination payment, plus compensation for any vacation to which the employee is entitled at the time of leaving the Company, shall be paid to a regular employee who is laid off or may be offered by the Company to an employee as an inducement to voluntarily leave the Company.
  • The termination payment shall be computed in accordance with the following schedule and shall be based on the employee’s Net Credited Service and the employee’s Adjusted Rate, except that for an employee who received an evening or night differential payment for the week in which the date of the layoff or resignation occurred, the rate of pay shall include the evening or night differential payment.

 

 

Article 25

 

YEARS OF

            NET CREDITED SERVICE                      AMOUNT OF PAYMENT      

Less than 1 year                                                                     None

1 year but less than 2 years   1 week’s pay 2 years but less than 3 years   2 weeks’ pay

  • years but less than 4 years 3 weeks’ pay
  • years but less than 5 years 4 weeks’ pay
  • years but less than 6 years 6 weeks’ pay
  • years but less than 7 years 8 weeks’ pay
  • years but less than 8 years 10 weeks’ pay
  • years but less than 9 years 12 weeks’ pay 9 years but less than 10 years           16 weeks’ pay 10 years but less than 11 years        20 weeks’ pay

11 years but less than 12 years         24 weeks’ pay 12 years but less than 13 years            28 weeks’ pay

  • years but less than 14 years 32 weeks’ pay
  • years but less than 15 years 36 weeks’ pay
  • years but less than 16 years 40 weeks’ pay
  • years but less than 17 years 44 weeks’ pay
  • years but less than 18 years 48 weeks’ pay
  • years but less than 19 years 52 weeks’ pay
  • years but less than 20 years 56 weeks’ pay
  • years but less than 21 years 60 weeks’ pay
  • years but less than 22 years 64 weeks’ pay
  • years but less than 23 years 68 weeks’ pay
  • years but less than 24 years 72 weeks’ pay
  • years but less than 25 years 76 weeks’ pay
  • years but less than 26 years 80 weeks’ pay
  • years but less than 27 years 84 weeks’ pay
  • years but less than 28 years 88 weeks’ pay
  • years but less than 29 years 92 weeks’ pay
  • years but less than 30 years 96 weeks’ pay
  • years but less than 31 years 100 weeks’ pay
  • years but less than 32 years 104 weeks’ pay

 

Note: The maximum amount of termination payment shall not exceed twice the basic annual salary plus the applicable differential or one hundred four (104) weeks.

  • The termination allowance shall, at the option of the employee, be paid in a lump sum, less applicable deductions, as income continuation in periodic installments, subject to the limitations in Subparagraphs 3(a) and 3(b) below, or in two (2) equal payments (the first payment to be made within thirty (30) calendar days of date of termination and the second payment to be made on or about January 15th of the following year). If an employee elects to receive income continuation periodic installments, each installment will be equal to one (1) week of the Adjusted Rate, for each week in the employee’s normal payroll period, less applicable deductions, and will be paid during the normal payroll period. Income continuation periodic installments shall continue until the earliest occurrence of either of the following events:

Article 25

  • The total amount of the income continuation installments to the employee equals the total amount of termination allowance which the employee is to receive.
  • The employee is recalled or rehired as a regular employee by AT&T Corp. or any of its affiliates, subsidiaries or entities.
  • Employees who have received or elect to receive a termination allowance in a lump sum or in two equal payments shall, as a condition precedent to being recalled or rehired as regular employees of AT&T Corp. or any AT&T affiliate, subsidiary or entity, repay that portion of the termination allowance they received that is equal to their Adjusted Rate multiplied by the difference between the number of weeks used to compute their termination allowance and the number of weeks (or fraction thereof) from the date of their termination to the date of their recall or rehire as regular employees of AT&T Corp. or any AT&T affiliate, subsidiary or entity. Employees who are recalled or rehired as other than regular employees and who are subsequently reclassified as regular employees, shall, as a condition precedent to such reclassification, also make repayment pursuant to this Paragraph 4 based upon the difference between the number of weeks used to compute their termination allowance and the number of weeks (or fraction thereof) from the date of their termination to the date of their reclassification.
  • The amount of termination allowance for an individual (1) who has been previously laid off or terminated by AT&T Corp. or any AT&T affiliate, subsidiary or entity; (2) who has received termination allowance either in a lump sum or in the form of periodic income continuation installments or in two equal payments; (3) who is re- engaged; and (4) who is again laid off or terminated after having been re-engaged, will be calculated as follows:

The number of weeks used to compute the termination allowance net of repayment pursuant to Paragraph 4 shall be deducted from the number of weeks that would be used to compute the termination allowance as of the date that the employee is again laid off or terminated.

  • The provisions of Paragraph 1 do not apply in case of:
    • An employee leaving the Company voluntarily without inducement by the Company;
    • An employee on a leave of absence;
    • An employee transferred to or employed by AT&T Corp., its affiliates or

subsidiaries, or their affiliates or subsidiaries;

  • An employee who is dismissed for misconduct;
  • An employee who is classified as Term or Temporary at the time they are work completed.

 

 

Article 26

 

ARTICLE 26 – TECHNOLOGICAL DISPLACEMENT

If during the term of this Agreement, the Company notifies the Union in writing that technological change (defined as changes in equipment or methods of operation) has or will create a surplus in any job title in a work location which will necessitate reassignments of regular employees to different job titles involving a reduction in pay or to locations requiring a change in residence, or if a force surplus necessitating any of the above actions exists for reasons other than technological change and the Company deems it appropriate, any regular employee who is in the affected job titles and work locations may elect not to accept such reassignment to a job title involving a reduction in pay or to a location requiring a change in residence and shall be paid a termination payment. Any such regular employee who refuses to accept a transfer to a job title having the same or greater rate of pay and which does not require a change in residence shall not be paid a termination payment.

2 Employees eligible for a termination payment under the terms of this provision may alternatively elect to participate in the AT&T Option Program (ATTOP) providing they meet the eligibility requirements of that program.

Article 27

 

ARTICLE 27 – REASSIGNMENT PAY PROTECTION PLAN

 

  • If, because of force surplus adjustments, employees are assigned to vacancies where the Standard Rate of pay of the new job is less than the current Standard Rate of the employee’s regular job, the rate of pay will be reduced over a period of time based on the employee’s length of service. The reductions in pay are effective at periods following reassignment as shown below and are based on the difference between the employee’s Adjusted Rate and the Standard Rate to which assigned in the new job title.

 

0-10 YEARS     

Weeks 1 thru 4   No reduction
Weeks 5 thru 8   1/3 reduction
Weeks 9 thru 12   2/3 reduction
Weeks 13 & thereafter

 

 

10-15 YEARS

Full reduction

 

Weeks 1 thru 30   No reduction
Weeks 31 thru 34   1/3 reduction
Weeks 35 thru 38   2/3 reduction
Weeks 39 & thereafter

 

 

 

15+ YEARS

Full reduction

 

 

Weeks 1 thru 56                                                     No reduction

Weeks 57 thru 60                                                   1/3 reduction

Weeks 61 thru 64                                                   2/3 reduction

Weeks 65 & thereafter                                           Full reduction

 

  • No reduction in pay shall be applicable for an employee with fifteen (15) years or more of net credited service who is downgraded due to technological change for a period of thirtysix (36) months following the effective date of such downgrade. Thereafter the following schedule in reduction shall apply:

 

Weeks 1 thru 4   No reduction
Weeks 5 thru 8   1/3 reduction
Weeks 9 thru 12   2/3 reduction
Weeks 13 & thereafter   Full reduction

 

An employee with fifteen (15) years or more of net credited service on the effective date of a downgrade due to technological change during the term of the preceding Agreement between the parties and who suffered no reduction in pay during the term of such Agreement shall be treated in accordance with the foregoing thirty-six (36) month period and subsequent schedule of reduction as though both had been in effect on the effective date of his or her downgrade.

 

  • An employee, who would be eligible to receive Reassignment Pay Protection pursuant to Paragraph 1, and who is not otherwise eligible for provisions of Paragraph 0, may decline such assignment.  Such employee shall be paid a lump sum payment equal to the sum of periodic RPPP payments the employee would otherwise have received and shall voluntarily resign from the Company without a termination payment.

 

 

ARTICLE 28 – SENIORITY

Length of service (Net Credited Service as determined by the Employee’s Benefit Committee) shall be taken into account in the treatment of employees insofar as the conditions of the business and the abilities of the employees permit.

2 It is understood by the parties that the provisions of Paragraph 1 apply to all Articles of the contract.

ARTICLE 29

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ARTICLE 30 – CONTRACTING OF WORK

In making decisions regarding contracting of work, it is management’s objective to consider carefully the interests of both customers and employees along with all other considerations essential to the management of the business. Some of these considerations include but are not limited to law, regulations, changing industry structure, economic conditions, and business considerations.

  • Projects involving types of traditional telephone work which have been regularly performed by bargaining unit members in a work group will not be contracted out if the contracting out of traditional telephone work on such a project will currently and directly cause layoffs or part-timing of regular employees in the same work group which would have otherwise performed the work. “Work group” as used in this article shall be deemed to refer to the group of employees normally treated as a unit for purposes of part-timing or layoff under Article 24 (Force Adjustment – Layoff, Part- Timing, and Recall).
  • From time to time, but no less frequently than every six (6) months, the Director of Labor Relations, or his or her designated representative, and the Union’s Vice President, or his or her designated representative, will meet to review traditional telephone work which has been contracted out which, heretofore, was performed in a given locality by bargaining unit members. Such information shall include the frequency and volume of traditional work sub-contracted on behalf of the Business Operating Unit/Division. The focus of the meetings will be to afford the Union’s Vice President, or his or her designated representative, an opportunity to suggest ways in which the Company could, in the future, use bargaining unit members in the same or other localities to perform the contracted out work at competitive total cost to the Company and within the same completion time requirements. Where such methods are presented by the Union, the Company will give them due consideration and will advise the Union of its determination. Where appropriate (such as when there is no functioning Planning Council in a particular Business Operating Unit or Division), the Director of Labor Relations, or his or her designated representative, and the Union’s

Chair, or his or her designated representative, will mutually authorize the formation of Business Operating Unit/Division Joint Committees on sub-contracting or local committees to examine the contracted work to suggest ways that the work could be performed, in the future, by bargaining unit members in a given locality at competitive costs and within the same completion time requirements and to discuss the need for, and nature of, information which would assist the committee in performing its function.

  • The provisions of this article will be subject to the grievance procedure contained in Article 9 (Grievance Procedure), but shall not be subject to the arbitration provisions contained in Article 10 (Arbitration).

The parties mutually desire to provide a vehicle, other than litigation, by which certain subcontracting disputes can be amicably and expeditiously resolved in the future.

Because of the competitive nature of our markets, fluctuating work loads and the need to provide prompt response to customer demands, the Company cannot agree that it will not contract work which might otherwise be performed by its employees. It has agreed, however, to provide for a neutral third party review of its compliance with the applicable language of the collective bargaining agreement  concerning contracting, as well as the commitments set forth in the Williams/Bahr letter, which the parties have agreed to renew for the term of this new Agreement.

Article 30

  • In furtherance thereof, the parties have agreed as follows:
    • In lieu of all other procedures set forth in Article 10 (Arbitration), the following procedure shall apply to grievances alleging that the Company has contracted work which would otherwise have been performed by bargaining unit employees in a GCA in which (1) layoffs of such employees are pending, (2) in which employees are on layoff with recall rights and are available to do the work which has been contracted.
      • Within thirty (30) days of the denial of the Union’s grievance at the third step, the Union’s national office may request, in writing, that the grievance be submitted to a neutral third party, selected from a list of neutrals previously agreed upon by the parties.
      • The parties shall schedule a meeting with the neutral third party within thirty (30) days of the Union’s appeal. At a meeting with the neutral, the Union shall have the opportunity to explain why it believes that the contracting at issue either currently and directly caused layoffs or part- timing of employees in circumstances set forth in Article 30, Paragraph 2 or whether, in circumstances addressed by the Williams/Bahr letter, the Company had no other reasonable alternative but to contract the work in dispute. The Company shall then have the opportunity to respond.
      • Except as agreed upon by the parties, the meeting shall be informal. Normally witnesses shall not be called. No transcript shall be made. The neutral shall issue a written decision within thirty (30) days of the meeting on the form shown in Paragraph 6 below, and both parties hereto agree to be bound by the neutral’s decision. No other decision or opinion shall issue, and the decision of the neutral shall not be used or cited as precedent in any future cases. If the neutral’s decision upholds the Union’s grievance, an amount of money, computed by using the Adjusted Rate, including premium payments (such as overtime and holiday allowance if appropriate) of the employees on layoff, and the number of hours of work contracted which would otherwise have been performed by employees who have been laid off as a current and direct result of the contracting, or who are on layoff with recall rights in that GCA and who were available to do the contracted work, shall be distributed among those individuals as determined by the parties and the contracted work will be returned to the bargaining unit.
    • The compensation and expenses of the neutral third party and the general administrative expenses of the meeting with the neutral shall be borne equally by the Company and the Union. Each party shall be responsible for payment for time consumed by and the expenses of its representatives.
    • No less than one (1) such meeting shall be held in each calendar quarter and the selected neutral shall hear all grievances which have been appealed to this dispute resolution process at least seven (7) days prior to the selection of the neutral.
    • These procedures shall be the sole and exclusive means by which contracting grievances unresolved after the exhaustion of the procedures set forth in Article 9 (Grievance Procedure) may be addressed.

 

 

Article 30

  • Decision of Neutral Third Party
    • Did the contracting involved in the grievance currently and directly result in the layoff or part timing of employees in the circumstances set forth in Article 30, Paragraph 2 of the Agreement? (If this answer is “yes”, then the union’s case is sustained.)
      • Yes or No
    • Was a surplus of employees declared and in effect at the time the contracting took place in the GCA in which the contracting took place?
      • Yes or No
    • Were employees in the GCA in which the contracting took place on layoff with recall rights and available to do the work which was contracted?
      • Yes or No
    • If yes to (b) or (c), did the Company have no other reasonable alternative but to contract?
      • Yes or No

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