AT&T Contract 2015: Articles 41 ~ 45

ARTICLE 41 – COMMUNICATIONS SERVICES

1 Titles

The provisions of this Article apply only to employees assigned to the titles listed below:

(a) OPERATIONS EMPLOYEES

Building Technician

Communications Technician

Computer Center Plant Engineer

Computer Network Associate – II

Computer Network Associate – III  Customer Support Technician – II

Customer Contact Agent – C

Customer Service Support Agent

Customer Software Administrator – C

Mechanic – C

Network Communications Technician –    Hawaii Information Transfer System (HITS)

Network Order Administrator

Operations Clerk

Operations Mechanic

Senior Operations Clerk

Special Operations Clerk

(b) CONSTRUCTION EMPLOYEES

Construction Technician

Senior Construction Technician

2 Weekly Work Schedules and Hours of Work (a) General

  • All assignments of working forces shall be subject to service and work requirements. The decision of the Company with respect to service and work requirements shall be controlling except as qualified in those cases specifically covered by Paragraph 4(c).
  • The working conditions of an employee shall be those specified for the group to which the employee is assigned. When an employee is assigned temporarily to a different group within an office or to a similar or different group in another office, the employee shall assume the working conditions of the temporary assignment.
  • Operations Employees

A normal tour shall be eight (8) hours except in those cases where a normal tour of different length has been  specifically authorized.  When for  service reasons an employee cannot leave the job for a meal period, the meal period shall be included as part of the employee’s tour.

Article 41

  • Construction Employees

A normal tour shall be the first eight (8) hours of work time on any scheduled calendar day and may consist of periods of work time that are not continuous. 3 Weekly Work Schedules

(a) Operations Employees

  • Scheduled Days Per Week
    • An employee shall be scheduled to work normal tours on any five (5) days of the calendar week.
    • In a week in which an authorized holiday occurs, one (1) of the scheduled normal tours shall be on the holiday.
  • Weekly Schedule

A schedule shall be set up for each calendar week and shall show each employee’s scheduled working days, the employee’s scheduled tour for each of these days and the employee’s basic tour. Where service or coverage conditions require, an employee may be called on to work in excess of the employee’s scheduled assignments.

  • Interval Between Tours

The interval between the end of one scheduled tour and the beginning of the next scheduled tour shall normally be at least eight (8) hours.

  • Start of Tours

Scheduled tours may start at any time of the day and the starting time may vary from day to day, provided, however, that on weekdays, exclusive of authorized holidays, no scheduled tour shall start more than two (2) hours before or after the starting time of the employee’s basic tour unless it starts four (4) hours or more before or after such starting time.

  • Schedule Following an Absence

An employee’s schedule for the week in which he or she returns to duty following a period of absence of indefinite duration shall be either 8:00 AM to 5:00 PM Monday through Friday, or 8:00 AM to 5:00 PM Tuesday through Saturday provided Saturday is an authorized holiday, unless before 3:00 PM Thursday of the preceding week, (1) the employee notifies his or her supervisor of the employee’s intention to report for duty starting with the first scheduled tour for the week, in which case the employee’s schedule shall be set up in the normal manner, or (2) the employee is notified by his or her supervisor that the employee’s schedule will be other than as prescribed above.

  • Insofar as is practicable, schedules shall be posted not less than two (2) weeks in advance of the first assignment shown thereon, but in no case

shall a schedule for the following week be posted later than 3:00 PM Wednesday of the current week.

  • Changes in Schedules
  • Work schedules for the following week may be changed at or before 3:00 PM Thursday of the current week, however, no changes will be made after 3:00 PM on Wednesday of the current week unless the Employee(s) receive(s) personal notification at or before 3:00 PM Thursday of the current week.
  • After 3:00 PM Thursday of the current week, an employee’s schedule for the following week shall not be changed with respect to his or her basic tour, scheduled days or length of scheduled tour on each day, except that, if an employee is called in on a non-scheduled Sunday and works consecutive hours equivalent to a full tour, or when an employee is required to travel on a non-scheduled Sunday on Company business in accordance with Article 16 (Transfers, Travel Allowance & Moving Expenses) and such travel is equivalent to a full tour, that Sunday shall become a scheduled day and the company shall designate one of the employee’s scheduled days in that week as a Non-Scheduled Day. If the employee is not notified of such designation before the end of the Sunday work, the last scheduled day of the employee’s work week shall become a Non-Scheduled Day.
  • The starting time of an employee’s scheduled tour on any day may be changed provided the employee is given adequate notice and

provided further that no tour so rescheduled shall start more than two (2) hours before, or after, the starting time of the employee’s basic tour unless it starts four (4) hours or more before or after such starting time. When a tour is changed in accordance with the foregoing the rescheduled tour becomes the scheduled tour for that day.

  • Adequate notice of a change in a schedule shall be notice given at least thirty-six (36) hours prior to the starting time of the tour originally scheduled or the starting time of the rescheduled tour, whichever is earlier.

(b) Construction Employees

(1) Work Time

Work time consists of all time spent on the job in the performance of Company duties. Work time excludes meal periods. Additionally, work time consists of:

  • Time spent by an employee in traveling from the storeroom to the job, from one part of the job to another, and from the job to the storeroom, and delays on the job due to weather or other unavoidable causes shall be considered as work time.
  • Time spent by an employee in the performance of duties incidental to the ordinary care and use of a Company motor vehicle and driving vehicle on Company business shall be considered as work time.
  • When an employee is moved from one lodging place to another, reasonable time as determined by the Company, spent in traveling to Article 41

the new location shall be considered work time.

  • When an employee is on vacation and the employee’s construction unit moves from one lodging place to another, the employee shall be allowed a reasonable amount of work time for travel to the new lodging place based on the amount of time required to travel from the construction unit lodging place at the time the employee went on vacation to the construction unit lodging place at the end of the vacation. This work time shall be compensated at the overtime rate only if the Company requires the employee to report for duty at the new work location starting with the first scheduled tour in the normal work week following the employee’s vacation.
  • Scheduled Days Per Week
    • An employee shall be scheduled to work normal tours on any five (5) days of the calendar week.
    • In a week in which an authorized holiday occurs, one (1) of the scheduled normal tours shall be on the holiday.
  • After 3:00 PM Thursday of the current week an employee’s scheduled days for the following week shall not be changed.
  • Regular Night Duty

An employee is considered to be scheduled to regular night duty when the employee is assigned to normal maintenance or construction work on night tours during the entire normal work week. If a night tour of an employee scheduled to regular night duty is changed to start at or after 6:00 AM or ends before 7:00 PM, the employee’s assignment to regular night duty shall be considered canceled.

  • When a Construction employee is notified that he or she is to work on a non-scheduled Saturday, weather permitting, and such notice is not canceled the day before or earlier, at least four (4) hours of work shall be provided for the employee on the non-scheduled Saturday regardless of weather conditions.
  • Tour Selection – Operations Employees (Regular Full-Time)
    • An employee shall be permitted to select the basic tour the employee desires to work, subject to the following conditions:
      • An employee shall not be permitted to select the days of the week the employee is to work or the type of work the employee is to perform.
      • Each employee in a group which is treated as a unit for scheduling purposes may select a tour only during January or early February and during July or early August, the time of selection within such periods being determined by the supervisor in charge.
      • An employee may select only from the tours available in the group. An employee temporarily reassigned to a location other than his or her permanent reporting location shall be permitted to select his or her tour at his or her permanent reporting location. At the time of selection a list of available tours shall be referred to each employee in order of seniority and

the employee may indicate thereon his or her selection of the open tour (not one previously selected by an employee with greater seniority) the employee wishes to work.

  • To the extent that service and coverage conditions permit, weekly assignments of scheduled tours shall be made in accordance with selection indicated at the last selection period. If the employee is not assigned to the tour the employee selects under 4(a)(3) above, because of the employee’s lack of qualification, the following will apply:
    • Between tour selection periods, if the tour selected by the employee becomes available due to either the adding of a permanent tour or a permanent vacancy, and for which the employee is qualified, the employee shall be assigned to the tour under (b) above.
    • The Company will give due regard  to  the  employee’s request for the required training.
  • Necessary changes in assignments because of absences or changes in requirements between tour selection periods, except as covered in (b)(1) above, shall be made with due consideration to seniority.
  • Seniority for the selection of tours shall be determined in accordance with Article 3 (Definitions), Paragraph 4(b).
  • The decision of the Company on service and coverage conditions and training requirements shall be controlling unless the Company is shown to have acted arbitrarily or in bad faith. Any dispute concerning the interpretation or application of this clause may be taken up as a grievance, and if necessary, submitted to arbitration in accordance with Article 10 (Arbitration).
  • Tour Selection Administration – Operations Employees
    • The following provisions shall govern the administration of Paragraph 4:
      • The Company agrees that whenever, in its judgment, it becomes necessary between tour selection periods to replace a vacated tour, or add a tour, which consists of more than thirteen (13) normal work weeks, within the current tour selection period, such a tour shall be offered for selection in the manner provided in Paragraph 4(a)(3) it being understood, however, that not more than the two (2) next succeeding tour vacancies, if any, created by the filling of the aforedescribed vacated or added tour shall be offered for selection in the manner provided in Paragraph 4(a)(3). If more than two (2) such tour vacancies are created by the filling of the aforedescribed tour originally vacated or added all tour vacancies in excess of the two (2) next succeeding vacancies shall be replaced in the manner provided in Paragraph 5(a)(2) below.
      • The Company further agrees that whenever, in its judgment, it becomes necessary between tour selection periods to replace a vacated tour, or add a tour, which consists of one (1) or more normal work weeks but less than fourteen (14) normal work weeks within the current tour selection period, such a tour shall be offered for selection in order of seniority to employees in the appropriate tour selection unit, who, in the Company’s judgment, are qualified to perform the work and available at that time for release from

 

current work assignments without the necessity of replacement.

  • The Company further agrees that whenever, in its judgment, it becomes necessary between tour selection periods to replace a vacated tour, or add a tour, which consists of less than one (1) normal work week, it shall fill such a tour by the selection of an employee from the appropriate tour selection unit.
  • Except as otherwise provided in this Section, all of the provisions of Paragraph 4 of the Agreement shall apply with full force and effect to the tours filled in accordance with the provisions of this Section. 6 Daylight Savings Time
  • On the night the change is made from standard to daylight savings time, no deduction in pay shall be made even though the actual work time is reduced by one (1) hour for tours scheduled to end after 2:00 AM.
  • When the change is made from daylight savings time to standard time, an employee scheduled to work a tour ending after 2:00 AM may be required to work additional That additional  time will be  paid in accordance  with Paragraph 9 (Extra Work Time).
  • Minimum Scheduling – Part-Time

Part-time employees shall be scheduled to work not fewer than three (3) hours on any given day on which such employees are scheduled to work.

  • Work Performed by Managers/Supervisors

Work of the type usually done by a Communications Technician or Network Communications Technician (HITS) shall not be performed by supervisory employees except when in the judgment of the Company, exercised in good faith, such work is deemed necessary for the good of the service. 9 Extra Work Time (a) General

  • Extra work time is time worked in excess of an assigned tour on a scheduled day, time worked in excess of a normal work week, or time worked on a Non-Scheduled Day.
  • Extra work time continuous with a preceding tour worked, shall be considered as occurring on the same day as such tour. Extra work time not continuous with a preceding tour shall be considered as occurring on the day such period of extra work time started.
  • Time allowed an employee for a meal period (although not paid time) shall not be considered as a break in the continuity of work time. 10 Compensation for Extra Work Time

(a) Operations Employees

Compensation for extra work time, except minimum payments for call-in time as provided in Paragraph 10(g), shall be as follows:

  • On a scheduled day except an authorized holiday, for time worked outside a scheduled normal or half tour, or outside a shifted normal or half tour if the employee’s tour was shifted, at the employee’s overtime rate.
  • On a Non-Scheduled Day, at the employee’s overtime rate.
  • On an authorized holiday, for time worked in excess of a normal tour, at the employee’s Double Time and One-Half Overtime Rate.
  • Construction Employees

Compensation for extra work time, except minimum payments for call-in time as provided in Paragraph 10(g), shall be as follows:

  • Employees Scheduled to Regular Night Duty
    • On a scheduled day, except an authorized holiday, for time worked in excess of eight (8) hours, at the employee’s overtime rate.
    • On a Non-Scheduled day, for time worked, at the employee’s overtime rate.
    • On an authorized holiday, for time worked in excess of eight (8) hours, at the employee’s Double Time and One-Half Overtime Rate.
  • Employees Not Scheduled to Regular Night Duty
    • On a scheduled day, other than a Sunday or an authorized holiday, for time worked in excess of the first eight (8) hours of work time, at the employee’s overtime rate.
    • On a scheduled Sunday, for time worked in excess of eight (8) hours, at the employee’s overtime rate.
    • On a Non-Scheduled Day, for time worked at the employee’s overtime rate.
    • On an authorized holiday, for time worked in excess of eight (8) hours, at the employee’s Double Time and One-Half Overtime Rate.
  • Compensation for extra work time for hours worked in excess of eight (8) hours of extra work time which is paid at Time and One-Half, as defined in Article 3 (Definitions), Paragraph 2(e), shall be at the employee’s double time overtime rate.
  • Call-Up Payments
    • The parties agree that at times it may be necessary that a telephone call be made by or authorized by a management employee to a non- supervisory employee during periods that the non-supervisory employee is not on work time. The parties further agree that supervisory calls to employees should be kept to a minimum consistent with the needs of the business. The parties agree that when an employee is called by a management employee outside of work time, the employee will be compensated if the call meets all of the following criteria:
    • The call is made outside the employee’s Scheduled Daily Tour or on a Non-Scheduled Day, or on an excused holiday;
    • The employee uses his or her job knowledge and skill; and
    • The call was not necessitated by error or omission by the employee.
  • An employee who meets the preceding criteria will be compensated as follows:
    • A call-up of less than one-quarter (1/4) hour, paid one (1) hour overtime pay at applicable rate.
    • A call-up of one-quarter (1/4) hour, but less than one (1) hour, paid two (2) hours overtime pay at applicable rate.
    • A call-up of one (1) hour or longer, paid the greater of two (2) hours overtime pay at applicable rate or the actual time for such call.
  • When more than a single telephone call is involved, the compensation shall be as prescribed above; however, the total compensation for the telephone calls shall not be greater than that to which the employee would have been entitled had the employee been on the telephone continuously for the combined duration of each telephone call.
  • Call-In Payments
    • An employee contacted while at home and off duty and required to immediately report to work during non-scheduled periods or during a previously excused scheduled tour on an authorized holiday shall be paid for all time worked, including a reasonable amount of travel time going to and from home, at the appropriate overtime rate except as provided for in Article 18 (Classification and Treatment of Part-Time Employees). Payment for time worked on a call-in plus pay for traveling time, as specified, shall not be less than two (2) hours’ pay at the applicable overtime rate. For such work performed during an employee’s excused Scheduled Daily Tour on a holiday, the employee shall be compensated as set forth herein, in addition to any holiday allowance to which the employee is entitled. For such work performed outside the period of the employee’s excused Scheduled Daily Tour on a holiday, the employee shall be paid as set forth herein, except that two and one-half (2-1/2) times the employee’s Adjusted Rate shall be substituted for the employee’s overtime rate. The provisions of this Paragraph 10(g)(1) do not apply if such time worked is continuous with the employee’s Scheduled Daily Tour other than a previously excused scheduled tour on an authorized holiday. Time allowed for a meal period shall not be considered as a break in the continuity of work time.
    • When an employee is contacted while at home and off duty and is required to immediately report to work during non-scheduled periods and the time worked as a result of the call-in is continuous with the employee’s Scheduled Daily Tour other than a previously excused scheduled tour on a holiday, the employee shall be paid at the appropriate overtime rate, including a reasonable amount of one (1) way travel time from home, for time worked before the starting time of the employee’s Scheduled Daily Tour. Payment for time worked on a call-in plus pay for traveling time, as specified, shall not be less than two (2) hours’ pay at the applicable overtime rate. Time allowed for a meal period shall not be considered as a break in the continuity of work time. If, before the end of the employee’s Scheduled Daily Tour, the employee is directed by management to travel back to their residence for a rest period, the employee shall be reimbursed for personal vehicle usage at the highest IRS allowable rate per mile, plus actual out-of-pocket travel related expenses incurred in connection with such travel and shall be paid for scheduled time not worked as a result of such direction.
    • Employee’s receiving call-in payments pursuant to Paragraphs 10(g)(1) or 10(g)(2) above shall not be entitled to payments or reimbursement as provided for in Article 16 (Transfers, Travel Allowances and Moving Expenses), except that employees shall be reimbursed for authorized personal vehicle usage at the highest IRS allowable rate per mile, plus actual out-of-pocket travel related expenses incurred in connection with such travel.
  • Overtime Assignments Not Continuous with a Tour on a Scheduled Day

An employee required to report to the work location for an overtime assignment not continuous with a tour on a scheduled day shall be paid for all time worked at the applicable overtime rate. To the extent the employee actually incurs an extra commute in connection with the overtime assignment, the employee will be paid for reasonable traveling time actually incurred in the extra commute between her/his residence and the work place. Employees receiving payments pursuant to this provision shall not be entitled to payments or reimbursement as provided for in Article 16 (Transfers, Travel Allowances, and Moving Expenses), except that employees shall be reimbursed for authorized personal vehicle usage at the highest IRS allowable rate per mile, plus actual out-of-pocket travel related expenses incurred in connection with such travel. 11 Differential and Other Payments (a) Night Differential

  • An Operations Employee shall be entitled to a weekly night differential for each week the employee’s basic tour is a night tour. An employee assigned to a night tour for the duration of a tour selection period, or who has been assigned a permanently vacated night tour for the remainder of a tour selection period, shall retain his or her night differential while assigned to a Company school if not otherwise eligible for night differential while attending the Company school.
  • A Construction Employee shall be entitled to a weekly night differential for each week the employee is scheduled to regular night duty as prescribed in Paragraph 3(b)(3).
  • The weekly night differential shall be ten percent (10%) of the employee’s Adjusted Rate. (b) On-Call Payments
  • Employees as shown in Paragraph 1 (Titles) with necessary skills may be requested to remain in contact with the Company outside of scheduled tours by use of a beeper or other communication device. The requirement to remain in contact with the Company will be rotated among all qualified volunteers in the work group. Depending on operational needs, employees with the necessary skills may be assigned on-call for one (1) day or more than one (1) day, up to and including seven (7) consecutive days. Those employees who have agreed to remain in contact will receive a payment equal to one and one-half (1 1/2) hours of pay at their Hourly Adjusted Rate for each on-call assignment. Employees called-up will be eligible for call-up treatment as provided for in Paragraph 10(d). Employees actually called in

will be eligible for call-in payment as provided for in Paragraph 10(g).In the absence of sufficient volunteers, the Local Manager will meet and discuss the need for volunteers with the Local Union.

  • When, because of illness or other absence, another employee is required to substitute for the employee assigned on-call responsibility, the substituting employee will receive a daily on-call payment (under the same terms and conditions described in Paragraph 11(d)(1) above) instead of the originally assigned employee for each day of substitution. (c) Sunday Differential
  • Operations Employees

Compensation for time worked during a scheduled tour on a Sunday shall include a Sunday differential of one-half (1/2) time extra at the employee’s Hourly Overtime Base Rate.

  • Construction Employees

Compensation for a normal tour scheduled on a Sunday shall include a Sunday differential of one-half (1/2) time extra at the employee’s Hourly Overtime Base Rate.

  • Management Relief Differential
    • An employee who is assigned to relieve a Management employee shall receive a payment of ten dollars ($10.00) for each tour or part in excess of onehalf (1/2) thereof so worked.
    • Employees assigned to relieve a Management employee may perform all duties normally performed by the manager except that the employee shall not have access to personnel files and may not administer disciplinary action. Employees may also perform their normal duties while relieving the manager.
  • Non-Regular Night Duty Differential – Construction Employees

On a scheduled weekday, exclusive of an authorized holiday, an employee who is not scheduled to regular night duty but does work a tour that starts before 6:00 AM or ends after 7:00 PM shall be paid a differential of one-half (1/2) time extra at the employee’s Hourly Adjusted Rate for the time worked during such tour.

  • Shifted Tour Differential – Operations Employees

An employee shall be paid a shifted tour differential of one-half (1/2) time extra at the employee’s Hourly Overtime Base Rate, for time worked within a tour that has been shifted on any day except a Sunday or an authorized holiday, under the following conditions:

  • When the employee works a normal tour which starts four (4) or more hours before or after, the starting time of the employee’s basic tour.
  • When the employee works a scheduled half tour all of which is outside the employee’s basic tour.
  • Minimum Interval Differential – Operations Employees
    • Interval between Tours – Work on Weekdays Exclusive of Authorized Holidays

If the interval between the end of a scheduled tour or a shifted tour that has been worked, and the beginning of the next scheduled tour is less than eight (8) hours, an employee shall be paid a differential of one-half (1/2) time extra at the employee’s Hourly Overtime Base Rate, for all time worked during the second of the two tours. The compensation on a time and one-half (11/2) basis as prescribed herein for hours worked during the second of the two tours is the full amount of compensation to which an employee is entitled for such work.

  • Continuous Work Time – Operations and Construction Employees

When an employee works continuously during the sixteen (16) hour period immediately preceding the start of the employee’s scheduled tour, the employee shall be paid a differential of one-half (1/2) time extra at his or her Hourly Overtime Base Rate, for all time worked within the scheduled tour unless the employee is paid in accordance with Paragraph 11(g)(1) above, or unless it is on a Sunday or an authorized holiday.

  • Christmas Eve and New Year’s Eve Payments – Operations Employees

For tours or overtime worked on December 24 and December 31, an employee shall be compensated at twice the employee’s Hourly Overtime Base Rate, for all time worked between 7:00 PM and 12:00 midnight.

  • Temporary Assignment to Higher Occupational Job Classification

Employees temporarily assigned to work in a higher occupational job classification shall receive a classification differential for each day in which an employee works three (3) or more hours in the higher assignment. Such daily classification differential shall be one-fifth (1/5) of the promotional increase which would apply if the assignment in the higher classification were on a permanent rather than on a temporary basis.

  • Temporary Assignment for Formal Training Delivery

Employees temporarily assigned to deliver formal training shall receive a daily differential equivalent to 15% of the employee’s daily adjusted wage rate. The differential will be paid for each day in which an employee delivers such training for three (3) or more hours. The differential shall apply to employees who are assigned by management to perform formal training (not necessarily in a classroom) or to perform follow-up training in lieu of their normal work assignment. This differential will not apply to incidental “buddy training” nor for rolling out employee programs (e.g., Violence in the Workplace).

  • Bi-Lingual Differential

A qualified employee assigned to communicate in a foreign language to customers shall receive a differential of three dollars ($3.00) for each work day or part, provided it is three (3) hours or more, so worked. A qualified employee is one who is test qualified in the foreign language.

 

12 Expense Allowance

(a) Operations Employees

  • When an employee works a period of two (2) or more hours (a) immediately before or after the employee’s scheduled normal tour, (b) immediately before or after a shifted tour on a scheduled day other than an authorized holiday or (c) in excess of a normal tour on a Non-Scheduled Day or an authorized holiday, the employee shall be paid for the convenience of the employer an expense reimbursement of eight dollars ($8.00). An employee shall be entitled to only one (1) such expense reimbursement per calendar day or per continuous period of work, except that an employee shall be entitled to two (2) such expense reimbursements when an employee works periods of two (2) or more hours immediately before and after the employee’s scheduled normal tour.
  • When an employee works up to a normal tour on a Non-Scheduled Day or an authorized holiday, the employee shall not be entitled to an expense reimbursement unless the employee is compensated for such work by equivalent time off.

(b) Building Technician, Communications Technician, Network Communications Technician (HITS) and Located Construction Technician

  • When an employee works on outside plant activities at a work location other than his/her normal reporting location except in situations requiring an overnight assignment and such employee’s normal scheduled noon- day meal period occurs and is taken while assigned to such work activities, the employee will be paid for the convenience of the employer an expense reimbursement of five dollars ($5.00). An employee shall be entitled to only one (1) such expense reimbursement per calendar day.
  • Outside plant activities are defined as work associated with radio relay station, cable repeater station or cable routes.

 

ARTICLE 42

 

 

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ARTICLE 43 – NETWORK

  • Titles

The provisions of this Article apply only to employees assigned to the titles listed below:

Network Technical Specialist

IDC Technical Specialist

Operations Specialist

  • Weekly Work Schedules and Hours of Work (a) General
    • All assignments of working forces shall be subject to service and work requirements. The decision of the Company with respect to service and work requirements shall be controlling except as qualified in those cases specifically covered by Paragraph 4(c).
    • The working conditions of an employee shall be those specified for the group to which the employee is assigned. When an employee is assigned temporarily to a different group within an office or to a similar or different group in another office, the employee shall assume the working conditions of the temporary assignment.
    • A normal tour shall be eight (8) hours except in those cases where a normal tour of different length has been specifically authorized. When for service reasons an employee cannot leave the job for a meal period, the meal period shall be included as part of the employee’s tour.

Occasionally, a scheduled daily tour may be split into two non-consecutive work periods and staffed on a voluntary basis. 3 Weekly Work Schedules

  • Scheduled Days Per Week
    • An employee shall be scheduled to work normal tours on any five (5) days of the calendar week.
    • In a week in which an authorized holiday occurs, one (1) of the scheduled normal tours shall be on the holiday.
  • Weekly Schedule

A schedule shall be set up for each calendar week and shall show each employee’s scheduled working days, the employee’s scheduled tour for each of these days, and the employee’s basic tour. Where service or coverage conditions require, an employee may be called on to work in excess of the employee’s scheduled assignments.

  • Schedule Following an Absence

An employee’s schedule, for the week in which he or she returns to duty following a period of absence of indefinite duration, shall be either 8:00 AM to 5:00 PM Monday through Friday, or 8:00 AM to 5:00 PM Tuesday through Saturday; provided Saturday is an authorized holiday, unless before 3:00 PM Thursday of the preceding week, (1) the employee notifies his or her supervisor of the employee’s intention to report for duty starting with the first scheduled tour for the week, in which case the employee’s schedule shall be set up in the normal manner, or (2) the employee is notified by his or her supervisor that the employee’s schedule will be other than as prescribed above.

  • Insofar as is practicable, schedules shall be posted not less than two (2) weeks in advance of the first assignment shown thereon, but in no case shall a schedule for the following week be posted later than 3:00 PM Wednesday of the current week.
  • Changes in Schedules
    • Work schedules for the following week may be changed at or before 3:00 PM Thursday of the current week; however, no changes will be made after 3:00 PM on Wednesday of the current week unless the employee(s) receive(s) personal notification (verbal contact) twenty-four (24) hours in advance of the start of the scheduled tour.
    • If an employee is called in on a non-scheduled Sunday and works hours equivalent to a full tour, or when an employee is required to travel on a non- scheduled Sunday on Company business in accordance with Article 16 and its modifications noted within this Article in Paragraph 14, (Transfers, Travel Allowance & Moving Expenses), and such travel is equivalent to a full tour, that Sunday shall become a scheduled day and the company shall designate one of the employee’s scheduled days in that week as a Non- Scheduled Day. If the employee is not notified of such designation before the end of the Sunday work, the last scheduled day of the employee’s work week shall become a NonScheduled Day.
  • Tour Selection – (Regular Full-Time)
    • An employee shall be permitted to select the basic tour the employee desires to work subject to the following conditions:
      • An employee shall not be permitted to select the days of the week the employee is to work or the type of work the employee is to perform.
      • Each employee in a group which is treated as a unit for scheduling purposes may select a tour only during January or early February and during July or early August; the time of selection within such periods being determined by the supervisor in charge.
      • An employee may select only from the tours available in the group. An employee temporarily reassigned to a location other than his or her permanent reporting location shall be permitted to select his or her tour at his or her permanent reporting location. At the time of selection, a list of available tours shall be referred to each employee in order of seniority, and the employee may indicate thereon his or her selection of the open tour (not one previously selected by an employee with greater seniority) the employee wishes to work.
    • To the extent that service and coverage conditions permit, weekly assignments of scheduled tours shall be made in accordance with selection indicated at the last selection period. If the employee is not assigned to the tour the employee selects under 4(a)(3) above because of the employee’s lack of qualification, the following will apply:
      • Between tour selection periods, if the tour selected by the employee becomes available due to either the adding of a permanent tour or a permanent vacancy, and for which the employee is qualified, the employee shall be assigned to the tour under (b) above.
      • The Company will give due regard to the employee’s request for the required training.
    • Necessary changes in assignments because of absences or changes in requirements between tour selection periods, except as covered in (b)(1) above, shall be made with due consideration to seniority.
    • Seniority for the selection of tours shall be determined in accordance with Article 3 (Definitions), Paragraph 4(b).
    • The decision of the Company on service and coverage conditions and training requirements shall be controlling unless the Company is shown to have acted arbitrarily or in bad faith. Any dispute concerning the interpretation or application of this clause may be taken up as a grievance, and if necessary, submitted to arbitration in accordance with Article 10 (Arbitration).
  • Tour Selection Administration
    • The following provisions shall govern the administration of Paragraph 4:
      • The Company agrees that whenever, in its judgment, it becomes necessary between tour selection periods to replace a vacated tour or add a tour which consists of more than thirteen (13) normal work weeks within the current tour selection period, such a tour shall be offered for selection in the manner provided in Paragraph 4(a)(3); it being understood, however, that not more than the two (2) next succeeding tour vacancies, if any, created by the filling of the aforedescribed vacated or added tour shall be offered for selection in the manner provided in Paragraph 4(a)(3). If more than two (2) such tour vacancies are created by the filling of the aforedescribed tour originally vacated or added, all tour vacancies in excess of the two (2) next succeeding vacancies shall be replaced in the manner provided in Paragraph 5(a)(2) below.
      • The Company further agrees that whenever, in its judgment, it becomes necessary between tour selection periods to replace a vacated tour or add a tour, which consists of one (1) or more normal work weeks but less than fourteen (14) normal work weeks within the current tour selection period, such a tour shall be offered for selection in order of seniority to employees in the appropriate tour selection unit, who, in the Company’s judgment, are qualified to perform the work and available at that time for release from current work assignments without the necessity of replacement.
      • The Company further agrees that whenever, in its judgment, it becomes necessary between tour selection periods to replace a vacated tour or add a tour, which consists of less than one (1) normal work week, it shall fill such a tour by the selection of an employee from the appropriate tour selection unit.
    • Except as otherwise provided in this Section, all of the provisions of Paragraph 4 of the Contract shall apply with full force and effect to the tours filled in accordance with the provisions of this Section. 6 Daylight Savings Time
    • On the night the change is made from standard to daylight savings time, no deduction in pay shall be made even though the actual work time is reduced by one (1) hour for tours scheduled to end after 2:00 AM.
    • When the change is made from daylight savings time to standard time, an employee scheduled to work a tour ending after 2:00 AM may be required to work additional time. That additional time will be paid in accordance with Paragraph 9 (Extra Work Time).
  • Minimum Scheduling – Part-Time

Part-time employees shall be scheduled to work not fewer than three (3) hours on any given day on which such employees are scheduled to work.

  • Work Performed by Managers/Supervisors

Work of the type usually done by a Network Technical Specialist or IDC Technical Specialist shall not be performed by supervisory employees except when in the judgment of the Company, exercised in good faith, such work is deemed necessary for the good of the service. 9 Extra Work Time (a) General

  • Extra work time is time worked in excess of an assigned tour on a scheduled day, time worked in excess of a normal work week, or time worked on a Non-Scheduled Day.
  • Extra work time, continuous with a preceding tour worked, shall be considered as occurring on the same day as such tour. Extra work time not continuous with a preceding tour shall be considered as occurring on the day such period of extra work time started.
  • Time allowed an employee for a meal period (although not paid time) shall not be considered as a break in the continuity of work time. 10 Compensation for Extra Work Time (a) Overtime

(1) Overtime will be paid in the pay period following the one in which it was earned. Employees required to work overtime shall be paid at the overtime rate of one and one-half times (1 1/2) their adjusted rate for time worked under the following conditions:

  • Time worked in excess of 40 hours in a calendar week
  • Time worked on a non-scheduled day
  • Time worked in excess of 8 hours in a scheduled day (b) Call-Up Payments

(1) The parties agree that at times it may be necessary that a telephone call be made by or authorized by a management employee to a non- supervisory employee during periods that the non-supervisory employee is not on work time. The parties further agree that supervisory calls to employees should be kept to a minimum consistent with the needs of the business. The parties agree that when an employee is called by a management employee outside of work time, the employee will be compensated if the call meets all of the following criteria:

  • The call is made outside the employee’s Scheduled Daily Tour or on a

Non-Scheduled Day, or on an excused holiday;

  • The employee uses his or her job knowledge and skill; and,
  • The call was not necessitated by error or omission by the employee.

(2) An employee who meets the preceding criteria will be compensated as follows:

  • By rounding the actual time spent on the call up to the nearest half (1/2) hour at the employee’s applicable overtime rate.
  • When more than a single telephone call is involved in a given day, compensation will be based on the combined duration of each telephone call.
  • Call-In Payments
    • An employee contacted by a supervisor at home during periods the employee is not on work time will be considered “called in.” Employees responding to a call-in will receive a minimum payment of 2 hours at the employee’s applicable overtime rate. Time spent traveling to and from the work site is counted as actual time worked. If a call-in occurs due to the employee’s omission or error, the 2-hour minimum does not apply. The employee will be paid only for actual time spent on work activities.
    • Time not considered as call-in time includes time when employees are requested to:
      • Remain late on a day which they have reported to work.
      • When prior to leaving work they are requested to report for work on a subsequent day at either their standard or non-standard starting time.
    • Employees receiving call-in payments pursuant to Paragraph 10(c)(1) above, shall not be entitled to payments or reimbursement as provided for in Article 16 and its modifications noted within this article in Paragraph 14 (Transfers, Travel Allowances and moving expenses), except that employees shall be reimbursed for authorized personal vehicle usage at the highest IRS allowable rate per mile for business travel which does not require inclusion of the amount in the employee’s gross income per mile, plus actual out-ofpocket travel related expenses incurred in connection with such travel.
  • Overtime Assignments Not Continuous with a Tour on a Scheduled Day

An employee required to report to the work location for an overtime assignment not continuous with a tour on a scheduled day shall be paid for all time worked at the applicable overtime rate. To the extent the employee actually incurs an extra commute in connection with the overtime assignment, the employee will be paid for reasonable traveling time actually incurred in the extra commute between her/his residence and the work place. Employees receiving payments pursuant to this provision shall not be entitled to payments or reimbursement as provided for in Article 16 and its modifications noted within this Article in Paragraph 14 (Transfers, Travel Allowances, and Moving Expenses), except that employees shall be reimbursed for authorized personal vehicle usage at the highest IRS allowable rate per mile for business travel which does not require inclusion of the amount in the employee’s gross income per mile, plus actual out-of-pocket travel related expenses incurred in connection with such travel. 11 Differential and Other Payments (a) Night Differential

  • Employees whose work week schedules consist of calendar day tours which fall solely between 4:00 PM and 12:00 AM will be paid an evening differential of 10% of their adjusted rate for all hours worked on such tours.
  • Employees whose work week schedules consist of calendar day tours which fall solely between 12:00 AM and 8:00 AM will be paid a night differential of 15% of their adjusted rate for all hours worked on such tours.
  • Employees whose work week schedules consist of calendar day tours having 50% or more time within a differential period are eligible for that differential for their entire tour. Employees whose work week schedules consist of calendar day tours having hours split evenly between the evening and night differential periods are eligible for the night differential rate for the entire tour.

Note: Employees who were in the title of Communications Technician on April 27, 2004, and are reassigned via company initiated move to the titles of Network Technical Specialist or IDC Technical Specialist, will continue to be covered by Article 41 for night differential as long as they remain within the titles of Network Technical Specialist or IDC Technical Specialist. (b) On-Call Payments

(1) Employees as shown in Paragraph 1 (Titles) with necessary skills may be requested to remain in contact with the Company outside of scheduled tours by use of a beeper or other communication device. The requirement to remain in contact with the Company will be rotated among all qualified volunteers in the work group. Depending on operational needs, employees with the necessary skills may be assigned on-call for one (1) day or more than one (1) day, up to and including seven (7) consecutive days. Those employees who have agreed to remain in contact will be compensated as follows:

  • Thirty dollars ($30.00) per day (if on call for a non-scheduled day)
  • Fifteen dollars ($15.00) per day (if on call for the periods immediately before and after work on a scheduled workday)

Employees called-up will be eligible for call-up treatment as provided for in Paragraph10(b). Employees actually called in will be eligible for call-in payment as provided for in Paragraph10(c). In the absence of sufficient volunteers, the Local Manager will meet and discuss the need for volunteers with the Local Union.

(2) When, because of illness or other absence, another employee is required to substitute for the employee assigned on-call responsibility, the substituting employee will receive a daily on-call payment (under the same terms and conditions described in Paragraph 11(b)(1) above) instead of the originally assigned employee for each day of substitution.

(c)    Sunday Differential

Employees who were in the title of Communications Technician on April 27,

2004, and are reassigned via company initiated move to the titles of Network

Technical Specialist or IDC Technical Specialist, will continue to be covered by Article 41 for Sunday differential as long as they remain within the titles of Network Technical Specialist or IDC Technical Specialist. (d) Management Relief Differential

  • An employee who is assigned to relieve a Management employee shall receive a payment of ten dollars ($10.00) for each tour or part in excess of onehalf (1/2) thereof so worked.
  • Employees assigned to relieve a Management employee may perform all duties normally performed by the manager except that the employee shall not have access to personnel files and may not administer disciplinary action. Employees may also perform their normal duties while relieving the manager.
  • Shifted Tour Differential – Operations Employees

Note: Employees who were in the title of Communications Technician on April 27, 2004, and are reassigned via company initiated move to the titles of Network Technical Specialist or IDC Technical Specialist, will continue to be covered by Article 41 for shifted Tour Differential as long as they remain within the titles of Network Technical Specialist or IDC Technical Specialist.

  • Christmas Eve and New Year’s Eve Payments

For tours or overtime worked on December 24 and December 31, an employee shall be compensated at twice the employee’s Hourly Overtime Base Rate for all time worked between 7:00 PM and 12:00 Midnight.

  • Temporary Assignment to Higher Occupational Job Classification

Employees temporarily assigned to work in a higher occupational job classification shall receive a classification differential for each day in which an employee works three (3) or more hours in the higher assignment. Such daily classification differential shall be one-fifth (1/5) of the promotional increase which would apply if the assignment in the higher classification were on a permanent rather than on a temporary basis.

  • Temporary Assignment for Formal Training Delivery

Employees temporarily assigned to deliver formal training shall receive a daily differential equivalent to 15% of the employee’s daily adjusted wage rate. The differential will be paid for each day in which an employee delivers such training for three (3) or more hours. The differential shall apply to employees who are assigned by management to perform formal training (not necessarily in a classroom) or to perform follow-up training in lieu of their normal work assignment. This differential will not apply to incidental “buddy training” or for rolling out employee programs (e.g., Violence in the Workplace).

  • Bi-Lingual Differential

A qualified employee assigned to communicate in a foreign language to customers shall receive a differential of three dollars ($3.00) for each work day or part, provided it is three (3) hours or more, so worked. A qualified employee is one who is test qualified in the foreign language. 12 Force Adjustment (modification to Article 24)

(a) Layoffs and Part-Timing

For employees in the titles of Network Technical Specialist and IDC Technical Specialist, 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. 13 Termination Payments (In Lieu of Article 25)

  • A termination payment, plus compensation for any vacation 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 for an employee who received an evening or night differential payment for the week in which the date of layoff or resignation occurred, the rate of pay shall include the evening or night differential.

 

                Years Of Net Credited Service                  Amount of Payment 

 

6 months but less than 1 year       5 week’s pay 1 year but less than 2 years     6 week’s pay 2 years but less than 3 years 7 week’s pay

  • years but less than 4 years 8 week’s pay
  • years but less than 5 years 11 week’s pay
  • years but less than 6 years 12 week’s pay
  • years but less than 7 years 13 week’s pay
  • years but less than 8 years 14 week’s pay
  • years but less than 9 years 15 week’s pay 9 years but less than 10 years           16 week’s pay 10 years but less than 11 years       17 week’s pay
  • years but less than 12 years 18 week’s pay
  • years but less than 13 years 19 week’s pay
  • years but less than 14 years 20 week’s pay
  • years but less than 15 years 25 week’s pay
  • years but less than 20 years 35 week’s pay 20 years but less than 25 years         40 week’s pay

25 years but less than 30 years                                          45 week’s pay

30 years +                                                         50 week’s pay

  • The termination allowance, shall at the option of the employee, be paid in a lump sum, less applicable deductions, or as income continuation in periodic installments, subject to the limitations in Subparagraphs 13(c)(1) and 13(c)(2) 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:
    • 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 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 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 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 Article 43

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 13(d) 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 13(a) 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.
  • Employees who were in the title of Communications Technician and were covered by Article 25 of the 2003 AT&T/CWA Agreement on April 27, 2004, who are reassigned via company initiated move to the titles of Network Technical Specialist or IDC Technical Specialist and are subsequently laid off or induced by the company to voluntarily leave the company from the titles of Network Technical Specialist or IDC Technical Specialist will receive termination pay based on Article 25 of this AT&T/CWA Agreement. This language applies even if the reassigned employee subsequently initiates movement between other Network Technical Specialist or IDC Technical Specialist assignments.
  • Travel Allowances – Temporary Transfers, Assignments or Reassignments Within Commuting Distance and Beyond Commuting Distances (Modifications to Article 16)

For employees covered under this Article, travel within fifty (50) road miles from the permanent reporting location will be considered within Commuting Distance and will be compensated as follows:

  • An employee temporarily transferred, assigned or reassigned to a reporting location within commuting distance of the employee’s regular reporting location (whether or not it is within the employee’s GCA) which results in an increase in commuting miles and travel and occurs wholly outside the employees scheduled tour, he/she will be compensated at the highest allowable IRS rate per mile for business travel which does not require inclusion of the amount in the employee’s gross income per mile for each mile over and above their normal commute if the employee uses their personal vehicle. If an employee Article 43

uses mass transportation, he/she will be compensated for the use of their personal vehicle to the location where mass transportation is available in addition to the cost of the mass transportation.

If an employee covered under this Article is temporarily assigned to a reporting location more than fifty (50) road miles, or to a location in which, in  the judgment of the Company, daily commuting is not practical, the company will provide compensation to the employee per the provisions of Article 16, Paragraph 3.

  • Certification Incentive Payment Program

The Company and Union agree that it is in both parties’ best interest to continue the certification incentive payment program for employees in the titles of Network Technical Specialist or IDC Technical Specialist. This certification program satisfies our mutual desire to have employees proceed thru a certification process focusing on the key skills and competencies required for the evolution of networking technology. Both parties agree that the Certification Incentive Oversight Committee will have periodic reviews of the program to ensure employees have appropriate access and certifications to match business needs as emerging technologies warrant.

  • Training for Certification

Training for certifications under the program noted above will be offered by location by seniority.

  • Payment for Certification

  Level Achieved      Maximum Bi-Weekly Payment (Not Cumulative) 

 

  • $40
  • $80
  • $150
  • Variable Workforce Agreement

The parties agree to continue to support a variable workforce which may include former employees for the purposes of augmenting the primary workforce during peaks of the business.

In conjunction with the Labor Advisory Forum, the Company and Union will review the level of work performed by variable workers (contractors) in the prior 6 months and discuss any upcoming projects (work activities that have a defined start and end date) the Company is aware of at that time. If the review of the prior work indicates that the work is ongoing and is full-time, then the position will be brought back into an AT&T bargaining unit within AT&T Inc. In the event that a project requires an extension beyond the previously defined end date, the Company and Union will discuss and are required to reach mutual agreement on a new end date.

  • Company Initiated Moves

Company initiated moves include all Article 16 moves, job claiming, and rebalancing.

  • Qualifications

The Company agrees that those employees who were in the title of Communications Technician on April 27, 2004 and are reassigned via a Company initiated move to the title of Network Technical Specialist and remain in that title or the title of IDC Article 43

Technical Specialist will continue to be qualified for the better and basic tests for the Communications Technician position previously held.

  • Time-in-Title/Time-in-Location

The Company agrees that those employees who were in the title of Communications Technician on April 27, 2004, and are reassigned via a Company initiated move to the title of Network Technical Specialist will carry forward their Time-in-Title and Time-in-Location.

  • Subcontracting Subcommittee

The Company agrees that consistent with the previously negotiated language in Letter B1, there will be periodic meetings with organizational leadership to discuss and review work that is currently subcontracted. The Company will make available the necessary data to facilitate productive discussions.

  • Force Levels

The Company agrees that it will establish and maintain a level or “watermark” number of employees in the combined Network Technical Specialist and IDC

Technical Specialist titles during the life of the Agreement as follows:
                     Year                                                                 Watermark 

2015 800
2016 800
2017 800
2018 800

The Company agrees for the duration of this Agreement that the watermark is the number of employees in the combined Network Technical Specialist and IDC

Technical Specialist titles below which represented headcount will not fall.

 

 

ARTICLE 44 – CUSTOMER NETWORK SERVICE CENTER (PG. 186)

 

1 Titles and Wages (In Lieu of Article 15) (a) General Wage Information

The provisions of this Article apply only to employees in the titles listed below:

LS Clerk

LS Associate

LS Specialist I  LS Specialist II

These titles will be for the exclusive use of the Customer Network Service Centers (CNSC).

(b) Starting Rates

Employees who are hired into or transfer into titles which are covered under this Article will be compensated in accordance with the starting wage as listed on the wage charts in Appendix 5 of this Agreement.

The Company maintains the right to temporarily increase the starting rate for a title based on market conditions. Employees in the same title and work location placed into the title prior to the increased starting rate and currently below the new temporary starting rate will have their wage rate increased to the temporary starting rate. (c) Wage Increases

  • When an employee completes six (6) months of continuous service in a title, the employee will receive a wage increase to the six (6) month progression step as listed on the wage charts in Appendix 5 of this Agreement.
  • When an employee completes one (1) year of continuous service in a title and successfully completes the prerequisite qualification criteria for that title as determined by the company, the employee will receive a wage increase to the one (1) year progression step as listed on the wage charts in Appendix 5 of this Agreement.
  • When an employee completes eighteen (18) months of continuous service in a title and demonstrates the skill level required to perform the job (satisfactory or better performance appraisal [exclusive of attendance]) the employee will receive a wage increase to the eighteen

(18) month progression step as listed on the wage charts in Appendix 5 of this Agreement.

  • When an employee completes two (2) years of service in a title and successfully completes the prerequisite qualification criteria for that title as determined by the Company and demonstrates the skill level required to perform the job (satisfactory or better performance appraisal [exclusive of attendance]) the employee will receive a wage increase to the top progression step as listed on the wage charts in Appendix 5 of this Agreement.
  • Promotions

An employee must meet the prerequisite job requirements as specified by a title’s Job Brief in order to be promoted into a title.

Each employee promoted to a title covered by this Article will have his or her Standard Rate of pay adjusted to the starting wage of the promoted to job title.

  • Downgrades

Exclusive of the provisions of ATS, the Company may consider employee requests to downgrade to a previously held title.

Employees who accept a downgrade to a previously held title will have his or her salary adjusted to the wage step last held in such title.

  • Tentative Wage Schedule Assignments

If an employee in a title covered by this Article is assigned to a new territory or locality for which no wage zone is indicated for the team member’s title, the Company shall make a tentative wage zone assignment to cover the situation. If the final wage zone assignment is different from the tentative assignment, a team member who holds such position during the period of the tentative assignment shall be eligible to receive wage treatment during such period in accordance with the final assignment.

  • Promotional Incentives

Promotional Incentives, Recognition Awards, and discretionary time off may be used to focus and reward individual or team efforts.

  • General Wage Schedule Increases

The increases in the wage schedules set forth below shall be computed on an exponential basis. Hourly Wage Schedules shall be rounded to the nearest penny. Weekly Wage Schedules shall be rounded to the nearest dollar.

  • Initial Wage Increase

Wage schedules shall be increased by 3.0% on the Maximum Rates and by 0% on the Minimum Rates in effect on April 11, 2015. The initial general wage increase shall be effective on Sunday, April 12, 2015. The retroactive wages from April 12, 2015 to the date of ratification will be paid as soon as practicable after ratification if the contract is ratified on or before June 26, 2015.

  • Second Wage Increase

Effective April 10, 2016, wage schedules shall be increased by 2.25% on the Maximum Rates and by 0% on the Minimum Rates in effect on April 9, 2016.

  • Third Wage Increase

Effective April 9, 2017, wage schedules shall be increased by 3.0% on the Maximum Rates and by 0% on the Minimum Rates in effect on April 8, 2017.

2 Definitions

The following definitions are applicable within this Article: (a) Definitions Relating to Hours of Work

(1) Calendar Year

A calendar year is the period beginning January 1 and ending December 31.

(2) Calendar Week

A calendar week is the period of seven (7) consecutive days commencing on Sunday.

(3) Normal Work Week

A normal work week for a full-time employee may consist of four (4) or five (5) tours totaling forty (40) scheduled hours during a calendar week of Sunday through Saturday, inclusive.

(4) Scheduled Weekly Tour

The portion of the work week comprised of Scheduled Daily Tours, but excluding Non-Scheduled Days.

  • Day:
    • Calendar Day

The twenty-four (24) hour period beginning at midnight.

  • Weekday

One (1) of the seven (7) days, Sunday through Saturday, inclusive.

  • Scheduled Day

A calendar day on which an employee is scheduled to work.

(4) Non-Scheduled Day

A calendar day on which an employee is not scheduled to work.

  • Meal Period

A meal period is an unpaid period not longer than one (1) hour during which an employee is excused for a meal.

  • Relief Period

A relief period is a rest period of fifteen (15) minutes which shall be considered as work time.

  • Work Time

Work time consists of all time spent on the job in the performance of Company duties.

  • Tours:

(1) Tour

A tour is a period of work time, whether scheduled or not, which begins and ends at a specified time, exclusive of any meal period. The starting time of a tour determines the day on which the tour occurs.

  • Scheduled Daily Tour

The hours of work scheduled for an individual employee for a particular day, beginning and ending at a specified time, exclusive of unpaid meal periods and overtime.

 

 

  • Normal Tour

A normal tour is the number of hours of work (exclusive of meal period) which constitutes a full day’s work for a full-time employee.

(4) Half Tour

A half tour is one-half (1/2) the length of a normal tour.

  • Time of Day

Where time of the day is specified herein, it shall be local time.

  • Premium Hours

Premium Hours are those which fall within the timeframe of 8 PM – 7AM. (g) Definitions Relating to Wage Rates

  • Standard Rate

The Standard Rate is the rate of pay assigned to an employee based on the employee’s job title.

  • Adjusted Rate

An employee’s total rate, resulting from the sum of his or her Standard Rate and any applicable Wage Protection Allowance. Such Adjusted Rate shall be used to calculate overtime payments, percentage payments for tour bonuses, paid absences, termination payments, and basic pay for group insurance and Savings and Security Plan allotments.

  • Daily Adjusted Rate

The Daily Rate is the rate determined by dividing the Adjusted Rate by five

(5).

  • Hourly Adjusted Rate

The Hourly Rate is the rate determined by dividing the Adjusted Rate by the number of hours in a full-time employee’s normal work week.

  • Hourly Overtime Base Rate

The Hourly Overtime Base Rate is the Employee’s Hourly Adjusted Rate in effect at the time the overtime is worked, if applicable, per Paragraph 2(f)(6) above, will include a premium hour differential.

(h) Overtime Rates:

(1) Time and One-Half

Pay at one hundred and fifty percent (150%) of an employee’s Hourly Overtime Base Rate. Pay at Time and One-Half shall apply:

  • For hours  worked  outside  an  employee’s  Scheduled  Daily  Tour provided Scheduled Daily Tour is eight (8) hours or more.
  • For hours worked in excess of forty (40) regularly scheduled hours during the work week.

(2) Double Time

Pay at two hundred percent (200%) of an employee’s Hourly Overtime

Base Rate. Pay at Double Time shall apply for overtime hours paid at Time and One-Half in excess of eight (8) in the work week including payments for call-ins and call-ups paid at Time and One-Half. (i) Definitions Relating to Types of Employees

  • Employees

The term “employee(s)”, for the purpose of the terms of this Article, shall refer only to employees of the Company included within the bargaining unit as defined in Article 1 (Recognition) of this Agreement.

  • Regular Employees

Regular employees are those whose employment is reasonably expected to continue for longer than twelve (12) months. A regular employee may be either full-time or part-time.

  • Temporary Employees

A temporary employee is one who is engaged for a specific project or for a limited period with a definite understanding that employment will terminate upon completion of the project or at the end of the period. Temporary employment is expected to continue for not more than twelve (12) months. A temporary employee may be either full-time or part-time.

(4) Term Employee

A term employee is a regular employee who is engaged for a specific project or for a limited period of normally not less than one (1) year nor more than three (3) years with a definite understanding that employment may terminate on or before completion of the project or at the end of the period.

Term employees shall be treated the same as regular employees except that:

  • they are not eligible to participate in Tuition Assistance and,
  • The following provisions of these Articles shall not apply to term employees:
    • Article 25 (Termination Payments)
    • Article 31 (Employees in Military Service) except as noted in Article 31
  • Full-Time Employees

Full-time employees are those who are employed for not fewer than forty (40) hours per week.

  • Part-Time Employees

Part-time employees are those who are employed and are normally scheduled to work fewer than forty (40) hours. (j)    Definitions – Other

  • Net Credited Service

Net credited service shall mean “term of employment” as set forth in the pension plan applicable to employees covered by this Agreement.

  • Seniority

Seniority shall be determined by the net credited service of the employees affected. In force adjustment situations, when the affected employees have the same net credited service, seniority shall be determined by using the last four (4) digits of the employees’ social security numbers, 0000 being the lowest seniority, and 9999 being the highest seniority.

  • Temporary Assignment to Higher Job Classification

Temporary assignments to higher occupational job classifications shall not exceed twelve (12) continuous months without consultation with the Union. 3 Weekly Work Schedules and Hours of Work (a) General

  • All assignments of working forces shall be subject to service and work requirements. The decision of the Company with respect to service and work requirements shall be controlling.
  • The working conditions of an employee shall be those specified for the work group to which the employee is assigned. When an employee is assigned temporarily to a different work group within an office or to a similar or different work group in another office, the employee shall assume the working conditions of the temporary assignment.
  • Normal tours at each office for each work group shall be as specified by the ranking Manager. (b) Weekly Work Schedules
  • The normal work week may consist of four (4) or five (5) tours totaling forty (40) hours in one (1) calendar week of Sunday through Saturday, inclusive.
  • The total normal hours worked for full-time employees per week shall be forty (40) hours.
  • In a week in which an authorized holiday occurs, one (1) of the scheduled normal tours shall be on the holiday.

(c)    Tour Preferencing

An employee shall be permitted to preference the tour the employee desires to work subject to the following conditions:

  • An employee shall not be permitted to preference the days of the week the employee is to work or the type of work the employee is to perform.
  • Tour preferencing shall occur at least two (2) times during each calendar year.
  • Where there are two (2) or more regular full-time employees in a work group, they shall be allowed to choose their tour based on seniority, qualifications, and needs of the business permitting.
  • Where there are two (2) or more regular part-time employees in a work group, they shall be allowed to choose their tour based on seniority, qualifications, and needs of the business permitting.
  • The provision of Paragraph 3(c)(2) shall not apply in work groups where employees’ scheduled hours of work do not normally vary.
  • Full-time Employees shall be scheduled not fewer than four (4) hours on any given day on which such employees are scheduled to work.
  • Part-time Employees shall be scheduled not fewer than three (3) hours on any given day on which such employees are scheduled to work. (d) Hours of Work – Scheduling
  • Work schedules will be established for each calendar week, designating days and hours of work for each employee. Such schedules will be established no later than Wednesday, 5:00 PM of the preceding week.
  • Work schedules for the following week may be changed at or before 3:00 PM Thursday of the current week.
  • After 3:00 PM Thursday of the current week, an employee’s schedule for the following week shall not be changed with respect to his or her scheduled tour, scheduled days or length of scheduled tour on each day, except that, if an employee is called in on a non-scheduled Sunday and works consecutive hours equivalent to a full tour, or when an employee is required to travel on a non-scheduled Sunday on Company business in accordance with Article 16 (Transfers, Travel Allowances, and Moving Expenses) and such travel is equivalent to a full tour, that Sunday shall become a scheduled day and the Company shall designate one (1) of the employee’s scheduled days in that week as a Non-Scheduled Day. If the employee is not notified of such designation before the end of the Sunday work, the last scheduled day of the employee’s work week shall become a Non-Scheduled Day.
  • The starting time of an employee’s scheduled tour on any day may be changed provided the employee is given adequate notice. When a tour is changed in accordance with the foregoing the rescheduled tour becomes the scheduled tour for that day.
  • Adequate notice of a change in schedule shall be notice given at least forty-eight (48) hours prior to the starting time of the tour originally scheduled or the starting time of the rescheduled tour, whichever is earlier.

(e) Relief/Meal Period

The assignment of relief periods will be determined by the Company and will be subject to force and work conditions in each office or location. One (1) relief period will normally be assigned to each employee working a tour of four (4) to six (6) hours. Two (2) relief periods and a meal period will normally be assigned for each employee working a tour of over six (6) hours. Unless unusual conditions develop, such relief periods shall start not less than one (1) hour from the beginning or end of the tour.

4 Other Payments

(a) Premium Hours Differential

Employees whose weekly work schedules consist of scheduled hours during the premium hours as defined in this Article shall receive a premium differential of ten percent (10%) of their Hourly Adjusted Rate for such hours worked. (b) Call-In Payments

  • An employee contacted while at home and off duty and required to immediately report to work during non-scheduled periods or during a previously excused scheduled tour on an authorized holiday shall be paid for all time worked, including a reasonable amount of travel time going to and from home, at the applicable hourly rate. Payment for time worked on a callin plus pay for traveling time, as specified, shall not be less than two
  • hours’ pay at the applicable hourly rate. The provisions of this Paragraph 4(b)(1) do not apply if such time worked is continuous with the employee’s Scheduled Daily Tour.
  • When an employee is contacted while at home and off duty and is required to immediately report to work during non-scheduled periods and the time worked as a result of the call-in is continuous with the employee’s Scheduled Daily Tour the employee shall be paid at the applicable hourly rate, including a reasonable amount of one (1) way travel time from home, for time worked before the starting time of the employee’s Scheduled Daily Tour. Payment for time worked on a call-in plus pay for traveling time, as specified shall not be less than two (2) hours’ pay at the applicable hourly rate. Time allowed for a meal period shall not be considered as a break in the continuity of work time. If, before the end of the employee’s Scheduled Daily Tour, the employee is directed by management to travel back to their residence for a rest period, the employee shall be reimbursed for personal vehicle usage at the highest IRS allowable rate per mile, plus actual out-of- pocket travel-related expenses incurred in connection with such travel and shall be paid for scheduled time not worked as a result of such direction.
  • Employee’s receiving call-in payments pursuant to Paragraphs 4(b)(1) or 4(b)(2) above shall not be entitled to payments or reimbursement as provided for in Article 16 (Transfers, Travel Allowances and Moving Expenses), except that employees shall be reimbursed for authorized personal vehicle usage at the highest IRS allowable rate per mile, plus actual outof-pocket travel-related expenses incurred in connection with such travel.

(c)    Call-Up Payments

(1) When a telephone call is made or authorized by a supervisor to an employee

during periods the employee is not on work time, the employee will be compensated if the call meets all of the following criteria:

  • The call is made outside the employee’s Scheduled Daily Tour or on a

Non-Scheduled Day or an excused holiday;

  • The employee uses his or her job knowledge and skill; and,
  • The call was not necessitated by error or omission by the employee.
  • An employee who meets the preceding criteria will be compensated by rounding the actual time spent on the call up to the nearest quarter (1/4) hour at the applicable hourly rate.
  • When more than a single telephone call is involved, the compensation of each call shall be as prescribed above; however, the total compensation for the telephone calls shall not be greater than that to which the employee would have been entitled had the employee been on the telephone continuously for the combined duration of each telephone call. (d) On-Call Payments
  • Employees as shown in Paragraph 1 (Titles and Wages In Lieu of Article

15) with necessary skills may be required to remain in contact with the Company outside of scheduled tours by use of a beeper or other communication device. Employees with necessary skills will be solicited on a voluntary basis; however, if there are an insufficient number of volunteers, the Company will assign this requirement to employees having the necessary skills in the aforementioned work group. Those employees required to remain in contact will receive a payment equal to one-half (1/2) hours of pay at their Hourly Adjusted Rate for each on-call assignment. Employees called-up will be eligible for call-up treatment as provided in Paragraph 4(c). Employees actually called in will be eligible for call-in payment as provided for in Paragraph 4(b).

  • When, because of illness or other absence, another employee is required to substitute for         the       employee        assigned         on-call responsibility, the substituting employee will receive a daily on-call payment (under the same terms and conditions described in Paragraph 4(d)(1) above) instead of the originally assigned employee for each day of substitution. (e) Management Relief Differential
    • An employee who is assigned to relieve a management employee shall receive a payment of ten dollars ($10.00) for each tour or part in excess of one-half (1/2) thereof so worked.
    • Employees assigned to relieve a management employee may perform all duties normally performed by the manager except that the employee shall not have access to personnel files and may not administer disciplinary action. Employees may also perform their normal duties while relieving the manager.
  • Temporary Assignment to Higher Occupational Job Classification

Employees temporarily assigned to work in a higher occupational job classification shall receive a classification differential for each day in which an employee works three (3) or more hours in the higher assignment. Such daily classification differential shall be one-fifth (1/5) of the promotional increase which would apply if the assignment in the higher classification were on a permanent rather than on a temporary basis.

  • Temporary Assignment for Formal Training Delivery

Employees temporarily assigned to deliver formal training shall receive a daily differential equivalent to fifteen percent (15%) of the employee’s daily adjusted wage rate. The differential will be paid for each day in which an employee delivers such training for three (3) or more hours. The differential shall apply to employees who are assigned by management to perform formal training (not necessarily in a classroom) or to perform follow-up training in lieu of their normal work assignment. This differential will not apply to incidental “buddy training” nor for rolling out employee programs (e.g., Violence in the Workplace).

  • Bi-Lingual Differential

A qualified employee assigned to communicate in a foreign language to customers shall receive a differential of three dollars ($3.00) for each work day or part, provided it is three (3) hours or more, so worked. A qualified employee is one who is test qualified in the foreign language. 5 Staffing

  • In filling positions for titles covered by this Article, management may choose to advertise the position in ATS. There will be concurrent consideration of ATS non-surplus candidates and new hires.
  • Management maintains the right to transfer and/or promote employees from one title to another within the titles covered by this Article.
  • Employees who hold titles which are covered by this Article, are eligible for participation in ATS for movement outside of these titles after serving time in title in their current title. Time in title for these titles are as follows:
    • LS Clerk – 12 months
    • LS Associate – 18 months
    • LS Specialist I – 30 months
    • LS Specialist II – 30 months
  • For the purposes of employee movement into titles covered by this Article, the following definitions apply, (exclusive of wage zone differentials):
    • Promotion/Upgrade
      • Promotion/Upgrade is movement from one title to another title where the maximum wage rate for the new title is higher than the maximum wage rate of the current title.
    • Lateral
      • Lateral is movement from one title to another title where the maximum wage rate for the new title is the same as the maximum wage rate of the current title.
    • Downgrade
      • Downgrade is movement from one title to another title where the

maximum wage rate for the new title is lower than the maximum wage rate of the current title.

  • In determining a candidate’s qualifications for promotion within the bargaining unit, the Company will consider many factors including, but not limited to, seniority, attendance, job performance, technical skills and experience. If qualifications are substantially equal, the senior net credited service employee will be selected. The selection shall be subject to the procedures of Article 9 (Grievance Procedures) and of Article 10 (Arbitration). The decisions of the Company concerning whether qualifications of the candidates are substantially equal shall be controlling unless the Company is shown to have acted arbitrarily or in bad faith.
  • Statistical Sampling
    • Because of the requirement of maintaining customer satisfaction service levels due to the competitive nature of the local service business, the Company maintains the right to perform random sampling of quality of service being provided.
    • Data obtained as a result of sampling may be used in coaching employees as well as feedback in performance reviews. Feedback of observations of exceptional customer service as well as customer abuse will be communicated to the employee for performance evaluation purposes as soon as possible. Employees observed engaging in customer abuse will be provided re-training on customer relations.
    • The CNSC Planning Council will periodically review the results of statistical sampling.
  • Force Adjustment (In Lieu of Article 24)
    • 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), covered by this Article having the same job title 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 covered by this Article and same 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, covered by this Article and same 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 will proceed with the force adjustments according to the plan the 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 proposed.

  • Whenever such force adjustments are accomplished by layoffs, such layoffs shall be among those regular employees covered by this Article having the same job title, in the GCA. Layoffs shall be by inverse order of seniority, by group, in the following sequence:
    • Group One: Employees who currently possess a “less than satisfactory” Performance Appraisal (exclusive of attendance) and who have received three (3) or more consecutive quarterly “less than satisfactory” Performance Appraisals (exclusive of attendance).
    • Group Two: Employees who currently possess a “satisfactory” or better Performance Appraisal (exclusive of attendance).

Each group will be depleted before proceeding to the next group.

  • Recall

If additions of regular employees to the work force are required in the affected job titles and GCA covered by this Article 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 covered by this Article within the GCA at time of layoff, shall be offered recall to their prior job title (or its successor title), 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; and
    • At the time of layoff their performance level (exclusive of attendance) was satisfactory or better.
  • 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 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 Article 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 Paragraph 9 (Termination Payment In Lieu of Article 25) below.

  • Termination Payments (In Lieu of Article 25)
    • 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.

Years of

                Net Credited Service                                 Amount of Payment 

 

Up to 5 years                                                                     4 week’s pay

5 years but less than 10 years    12 week’s pay 10 years but less than 15 years         24 week’s pay

15 years but less than 20 years                                       36 week’s pay

20 years but less than 30 years                                       50 week’s pay

30 years +                                                                        60 week’s pay

  • The termination allowance shall be paid in a lump sum, less applicable deductions.
  • Employees who have received termination allowance shall, as a condition precedent to being recalled or rehired as regular employees of AT&T 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 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 (d) 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 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; (3) who is re-engaged; and (4) who is again laid off or terminated after having been re-engaged, will be calculated as follows:
    • Employee Recall

The number of weeks used to compute the termination allowance net of repayment pursuant to Paragraph 8(d) 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.

  • Employee Rehire

An employee rehired from layoff from a title not covered by this Article and subsequently laid off from a title covered by this Article will be eligible to receive the greater of the following payments:

  • The amount of unused termination pay from their previous layoff, or
  • The amount of termination pay as calculated from Paragraph 8(b) above less the number of weeks of termination pay received from their previous layoff and not repaid as a result of re-employment.
  • The provisions of Paragraph 8(a) 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.
  • 1996 Letters Extended

The following letters of agreement were agreed to in 1996 bargaining and will continue in accordance with their original terms.

(3)          Overtime Equalization

(7)          Performance Appraisal – Force Adjustment

(10)        Sub-Contracting

(3) Overtime Equalization

 

 

 

 

September 10, 1996
Mr. Arthur Harris
Administrative Assistant to Vice President
Communications Workers of America
501 Third Street, N. W.
Washington, DC 20001

Dear Art,

This is to confirm our understanding reached in our CNSC (Customer Network Service Center) negotiations that each CNSC will develop local overtime equalization agreements with their respective CWA Local representative. These agreements will be subject to the grievance procedure of Article G of the CNSC Addendum to the 1995 AT&T/CWA agreement and letter (dd) (a) Local Agreements of that same agreement.

Regards,

/s/F. N. Murray

 

(7) Performance Appraisal – Force Adjustment

 

 

 

 

September 10, 1996
Mr. Arthur Harris
Administrative Assistant to Vice President
Communications Workers of America
501 Third Street, N. W.
Washington, DC 20001

Dear Art,

This is to confirm our understanding reached in our CNSC (Customer Network Service Center) negotiations. Prior to employees being placed in the less than satisfactory performance appraisal category, for purposes of layoff only, those employees must have received three (3) consecutive quarterly less than satisfactory performance appraisals prior to the declaration of a surplus.

In addition the employee may request, in the first five (5) days of the surplus declaration, that their appraisal be reviewed by the WPOF performance review team to insure that it is consistent with the performance (exclusive of attendance) standards.

Regards,

/s/ F. N. Murray

(10) Sub-Contracting

 

 

 

 

 

September 10, 1996

 

 

 

 

 

Mr. Arthur Harris

Administrative Assistant to Vice President Communications Workers of America 501 Third Street, N. W.

Washington, DC 20001

 

 

Dear Art,

 

This is to confirm our understanding reached during the CNSC (Customer Network Service Center) negotiations that in making decisions regarding contracting of work, it is management’s objective to consider carefully the interests of both customer and employees along with all other considerations essential to the business. Some of these considerations include, but are not limited to law, regulations, changing industry structure, economic conditions, business considerations, and principles of the CWA/CNSC Planning Council’s ideal future.

 

In response to the expression of concerns raised during these CNSC negotiations, the Company will not sub-contract work performed by regular employees of a CNSC to a vendor if such sub-contracting will currently and directly cause lay-offs or part-timing of employees in the same work group which would have otherwise performed the work.

 

Regards,

 

 

 

/s/ F. N. Murray

 

Article 44

10 CNSC Performance Incentive Plan & Planning Council

 

April 8, 2012

 

 

Mr. Ralph V. Maly, Jr., Vice President

Communications Workers of America

501 Third Street NW

Washington, DC 20001

Dear Ralph,

The Company agrees to annually design and implement an incentive plan that provides the potential to earn one-thousand dollars ($1000) or more annually. The incentive plans for the two existing centers may be different based on the business needs of each center; such differences may include, but are not limited to, payment schedule and potential earnings; but the latter difference will be limited to no more than three-hundred dollars ($300).

 

Incentive plan payments may be paid bi-weekly, monthly, quarterly, semi-annually, or annually. While the Company will have the unilateral right to design, implement, and modify the incentive plan(s), the Company will review the annual incentive plan thirty (30) days prior to planned implementation.

 

During the annual review, the Union’s valid concerns will be considered.  However, the Company will not be required to modify the incentive plan(s) based on those concerns.

 

Regards,

 

 

 

 

/s/Steven J. Leonard Director, Labor Relations

Article 44

 

 

  • Termination Pay

Employees who transfer from a position within AT&T Inc. into a position covered by this Article and are laid off from such position during the life of this Agreement, shall be eligible for termination pay in accordance with Paragraph 8 of this Article or the termination pay schedule applicable to them immediately prior to the transfer, whichever is greater.

  • Layoff Group

Employees who were covered by the 1995 AT&T/CWA Agreement and who had five

(5) years of net credited service or more as of September 10, 1996, who transfer into a position covered by this Article and are subsequently laid off from a title covered by this Article, and are not in the top wage progression step will be placed in the top wage progression step universe for purposes of layoff only.

ARTICLE 45 – LOCAL NETWORK SERVICES (LNS)

1 Titles (listed in A and B)

The provisions of this Article apply only to employees assigned to the titles listed in A or B below:

(A)

Business Services Lead Provisioning Design Engineer

Business Services Provisioning Design Engineer

Business Services Secretarial Admin 3

Business Services Associate Switch Technician

Business Services Switch Technician

Business Services Field Operations Technician

Business Services Lead Field Operations Technician

Business Services Lead Switch Technician

Business Services Customer Service Provisioning Engineer

 

(B)

Network Test and Turn-up Analyst

Customer Switch Technician

Customer Maintenance Technician

Administrative Specialist

Production Specialist

2 Definitions (in lieu of Article 3)

  • Definitions Relating to Hours of Work
    • Calendar Year
      • calendar year is the period beginning January 1 and ending December 31.
    • Calendar Week
      • calendar week is the period of seven (7) consecutive days commencing on Sunday.
    • Normal Work Week
      • normal work week consists of forty (40) scheduled hours during a calendar week.
    • Scheduled Weekly Tour

The portion of the work week comprised of Scheduled Daily Tours, but excluding Non-Scheduled Days.

  • Day:
    • Calendar Day

The twenty-four (24) hour period beginning at midnight.

  • Weekday

One (1) of the seven (7) days, Sunday through Saturday, inclusive.

  • Scheduled Day
    • calendar day on which an employee is scheduled to work.

 

(4) Non-Scheduled Day

A calendar day on which an employee is not scheduled to work.

  • Meal Period

A meal period is an unpaid period not longer than one (1) hour during which an employee is excused for a meal.

  • Relief Period

A relief period is a rest period of fifteen (15) minutes which shall be considered as work time.

  • Work Time

Work time consists of all time spent on the job in the performance of Company duties.

  • Tours:
    • Tour
      • tour is a period of work time, whether scheduled or not, which begins and ends at a specified time, exclusive of any meal period. The starting time of a tour determines the day on which the tour occurs.
    • Scheduled Daily Tour

The hours of work scheduled for an individual employee for a particular day, beginning and ending at a specified time, exclusive of unpaid meal periods and overtime.

  • Normal Tour
    • normal tour is the number of hours of work (exclusive of meal period) which constitutes a full day’s work for a full-time employee.
  • Time of Day

Where time of the day is specified herein, it shall be local time.

  • Premium Hours
    • Employees whose work week schedules consist of calendar day tours, which fall solely between 4:00 PM and 11:59 PM, will be paid an evening differential of ten percent (10%) of their base rate for all hours worked on such tours.
    • Employees whose work week schedules consist of calendar day tours which fall solely between 12:00 AM and 7:59 AM will be paid a night differential of fifteen percent (15%) of their adjusted rate for all hours worked on such tours.
  • Premium Hours Differential Considerations

As outlined in Paragraph 14 – Other Payments. (g) Definitions Relating to Wage Rates

  • Standard Rate

The Standard Rate is the rate of pay assigned to an employee based on the employee’s job title.

  • Adjusted Rate

An employee’s total rate, resulting from the sum of his or her Standard Rate and any applicable Wage Protection Allowance. Such Adjusted Rate shall be used to calculate overtime payments, percentage payments for tour bonuses, paid absences, termination payments, and basic pay for group insurance and Savings and Security Plan allotments.

  • Daily Adjusted Rate

The Daily Rate is the rate determined by dividing the Adjusted Rate by five (5).

  • Hourly Adjusted Rate

The Hourly Rate is the rate determined by dividing the Adjusted Rate by the number of hours in a full-time employee’s normal work week.

  • Hourly Overtime Base Rate

The Hourly Overtime Base Rate is the Employee’s Hourly Adjusted Rate in effect at the time the overtime is worked, if applicable, per 2(f)(5) above, will include a premium hour differential.

  • Overtime Rates:

(1) Time and One-Half

Pay at one hundred and fifty percent (150%) of an employee’s Hourly Overtime Base Rate. Pay at Time and One-Half shall apply:

  • For hours worked in excess of forty (40) hours worked in the work week, including all paid absences, excused or unexcused.
  • Overtime Adjustment

When an employee receives one or more of the following daily or weekly allowances for performing certain work, an Overtime Adjustment shall be made as described in Paragraph 2(h)(3) below:

  • Management Relief Differential
  • On-Call Allowance
  • Temporary Assignment to Higher Occupational Job Classification (iv) Bi-Lingual Differential
  • An Overtime Adjustment is made as follows:

Sum of Allowances Paid for Week divided by

(# of hours in Scheduled Weekly Tour + Overtime Hours Worked in Week) times

Total Overtime Hours Worked in Week times

.5 plus .009

  • Wage Protection Allowance

The Wage Protection Allowance (WPA) consists of all forms of existing wage protection, including Green Circle, Red Line, Reassignment Pay Protection (RPPP), ATS Wage Treatment for Surplus/Lateral Placement, and any other forms of wage protection which result in a “protected” wage rate.

  • Employees

The term “employee(s)”, for the purpose of the terms of this Agreement, shall refer only to employees of the Company included within the bargaining unit as defined in Article 1, Paragraph 1 (Certification of Membership).

  • Regular Employees

Regular employees are those whose employment is reasonably expected to continue for longer than twelve (12) months. A regular employee may be full time or part time.

  • Temporary Employees
    • temporary employee is one who is engaged for a specific project or for a limited period with a definite understanding that employment will terminate upon completion of the project or at the end of the period. Temporary employment is expected to continue for not more than twelve (12) months. A temporary employee may be full-time or part-time.
  • Term Employee
    • term employee is a regular employee who is engaged for a specific project or for a limited period of normally not less than one (1) year nor more than three (3) years with a definite understanding that employment may terminate on or before completion of the project or at the end of the period.

Term employees shall be treated the same as regular employees except that:

(i)    They are not eligible to participate in Tuition Assistance and, (ii)     The following provisions shall not apply to term employees:

  • Article 45, Paragraph 12 (Termination Payments)
  • Article 31 (Employees in Military Service) except as noted in Article 31
  • Full-Time Employees

Full-time employees are those who are employed for not fewer than forty (40) hours per week.

  • Part-Time Employees

Part-time employees are those who are employed and are normally scheduled to work fewer than forty (40) hours per week. (k) Definitions – Other

  • Net Credited Service

Net credited service shall mean “term of employment” as set forth in the pension plan applicable to employees covered by this Agreement.

  • Seniority

Seniority shall be determined by the net credited service of the employees affected. In force adjustment situations, when the affected employees have the same net credited service, seniority shall be determined by using the last four (4) digits of the employees’ social security numbers, 0000 being the lowest seniority, and 9999 being the highest seniority.

  • Temporary Assignment to Higher Job Classification

Temporary assignments to higher occupational job classifications will be determined based on needs of the business and normally will not exceed twelve (12) continuous months.

  • Authorized Union Representatives & Union Representation (in lieu of Articles 4 and

5)

  • Notices Regarding Union Organization

The Union agrees that its President or a person duly empowered to act in the President’s behalf shall keep the Director of Labor Relations, or his designate, currently advised, in writing, of the representatives of the National Union who are authorized to deal with the Company regarding employees in the bargaining unit and regarding such matters as designating the Locals which have been established, designating the officers or other authorized representatives of such Locals and indicating the jurisdiction of such Locals and their representatives. The Union agrees further that such notifications and authorizations shall designate the Union representative or representatives to whom notices, information, certifications and services by Company representatives, as are provided for in this Agreement, shall be directed or furnished.

  • Promotion, Transfer Assignment of Union Officers

The Company shall give the union office notice, whenever possible, at least two (2) weeks prior to the effective date of the promotion or transfer of a duly elected or appointed steward or officer of the Union when the promotion or transfer affects the employee’s status as a representative of the Union. (c) Absence for Union Activities

  • Needs of the Business permitting, employees who are authorized representatives of the Union will be  excused without  pay, except  as specified in Article 9 (Grievance Procedure) of this Agreement, at the request of an authorized representative of the Union to attend to the business of the Union. The Union shall make all requests for excused absences with as much advance notice as possible.
  • If an employee’s total excused unpaid time off for Union business exceeds ninety (90) days in a calendar year, or exceeds thirty (30) consecutive calendar days, the employee shall take a formal leave of absence. Time spent in joint meetings with management held at the Company’s request shall not be included in computing an employee’s total excused unpaid time off for Union business. Meetings with management shall be considered as breaking a continuous period of absence.
  • Excused unpaid time for Union activities pursuant to paragraph 3(c)(1) will be considered as time worked for authorized union representatives for purposes of determining eligibility for FMLA.
  • Leave of Absence for Union Activities
    • Requests for leaves of absence without pay while on business pertaining to the Union shall be made to the Company by the Union on the employee’s behalf. The Union will give the Company two weeks advanced notice.
    • The requests shall be in writing and shall contain the reasons for such leaves of absence.
    • The leave of absence without pay granted by the Company for Union business shall be for an initial period of not less than thirty (30) calendar days and not to exceed one (1) year.
    • Additional leaves of absence for initial periods of thirty (30) days and not to exceed one (1) year, shall be granted, all of which shall be with service credit.
    • For such leaves of absence, an employee shall:
      • receive full service credit for all purposes except wage progression;
      • remain under their current level of benefits for medical, dental, vision and life insurance plans with applicable contributions paid by employee.
    • Meetings with Management during a period of leave of absence shall not be considered as breaking a continuous period of leave of absence and shall be included in the period of such leave.
    • Upon application for reinstatement at or prior to expiration of leave of absence, employee(s) shall be returned to a job of like status and pay.
  • Union Representation
    • At any meeting between a representative of the Company and an employee in which discipline (including warnings which are to be recorded in the personnel file, suspension, demotion or discharge for cause) is to be announced, a Union representative may be present if the employee so requests.
    • At an investigatory interview between a representative of the Company and an employee, wherein the employee reasonably believes that the information obtained may be used as the basis for disciplinary action against the interviewed employee, a Union representative may be present if the employee so requests.
  • Discipline (Modification to Article 12, Paragraph 6 – Discipline)

A grievance appeal concerning a demotion, suspension, or dismissal of an employee who has twelve (12) months or more of net credited service may also be reviewed pursuant to the provisions of Article 10 (Arbitration) of this Agreement.

  • Titles and Wages (in lieu of Article 15.4)

Wage rates for job titles and wage schedules are contained in Appendix 5 of this Agreement. Such wage schedules shall apply to individual geographic locations as indicated in the referenced Appendices, and are for a basic work week, and are exclusive of differentials. (a) Starting Rates

  • Employees who are hired into titles which are covered under this Article will

be compensated in accordance with the minimum, high, and maximum wage range as listed on the wage charts in Appendix 5 to this Agreement.

  • The Company maintains the right to temporarily increase the starting rate for a title based on skills and/or market conditions.
  • Employees placed into jobs across collective bargaining agreements from a schedule having fixed periodic steps to a schedule with no fixed periodic steps shall be placed on the new schedule at the same wage rate as their old schedule.
  • Employees placed into jobs from employee pay plans that do not have fixed periodic steps to a schedule with no fixed periodic steps shall be placed on the new schedule at the same wage rate as their old schedule.
  • In no event shall an employee receive more than the maximum rate of the new schedule.
  • General Wage Schedule Increases

The increases in wage schedules set forth below shall be computed on an exponential basis.

The progression step increases in the wage schedules between the zero (0) month step and the sixty (60) month step will be computed on an exponential basis. The progression steps beyond the sixty (60) month step will be increased based on the wage rate in effect April 11, 2015, at each respective step plus

3.0% for the initial wage increase, 2.25%  for the second wage increase and

3.0% for the third wage increase.

Hourly wage schedules shall be rounded to the nearest penny. Weekly wage schedules shall be rounded to the nearest dollar.

  • Wage Progression

Wage Progression shall be continued in accordance with the wage schedules included in Appendix 5.

When an employee completes an indicated period of equivalent service entitling the employee to a progression wage increase, such wage increase will be effective the first day of the week in which such period of service is completed.

An employee’s increase in Standard Rate shall be based on the Wage Progression Step to which assigned on the effective date of the aforementioned wage increases.

  • Initial Wage Increase

Effective April 12, 2015, wage schedules shall be increased by 3.0% on High and Maximum Rates and by 0% on the Minimum Rates in effect on April 11, 2015. The initial general wage increase shall be effective on Sunday, April 12, 2015. The retroactive wages from April 12, 2015 to the date of ratification will be paid as soon as practicable after ratification if the contract is ratified on or before June 26, 2015.

  • In addition, for employees whose Standard Rate is equal to or greater than the High Rate on April 11, 2015 and whose performance rating is Outstanding:
    • The employee’s Standard Rate will be increased by 3.0% but

not to exceed the maximum wage for that title.

  • In addition, for employees whose Standard Rate is equal to or greater than the High Rate on April 11, 2015, and whose performance rating is More Than Satisfactory:
    • The employee’s Standard Rate will be increased by 1.5% but not to exceed the maximum wage for that title.
  • Second Wage Increase

Effective April 10, 2016, wage schedules shall be increased by 2.25% on High and Maximum Rates and by 0% on the Minimum Rates in effect on April 9, 2016.

  • In addition, for employees whose Standard Rate is equal to or greater than the High Rate on April 9, 2016 and whose performance rating is Outstanding:
    • Effective on April 10, 2016, the employee’s Standard Rate will be increased by 2.25% but not to exceed the maximum wage for that title.
  • In addition, for employees whose Standard Rate is equal to or greater than the High Rate on April 9, 2016, and whose performance rating is More Than Satisfactory:
    • Effective on April 10, 2016, the employee’s Standard Rate will be increased by 1.125% but not to exceed the maximum wage for that title.
  • Third Wage Increase

Effective April 9, 2017, wage schedules shall be increased by 3.0% on the High and Maximum Rates and by 0% on the Minimum Rates in effect on April 8, 2017.

  • In addition, for employees whose Standard Rate is equal to or greater than the High Rate on April 8, 2017, and whose performance rating is Outstanding:
    • Effective on April 9, 2017, the employee’s Standard Rate will be increased by 3.0% but not to exceed the maximum wage for that title.
  • In addition, for employees whose Standard Rate is equal to or greater than the High Rate on April 8, 2017, and whose performance rating is More Than Satisfactory:
    • Effective on April 9, 2017, the employee’s Standard Rate will be increased by 1.5% but not to exceed the maximum wage for that title.
  • Promotions

This paragraph is specific to wage treatment of employees who are promoted into this Article and are currently above the High Rate of the new title.

A wage increase of three percent (3%) of the employee’s Standard Rate or to the minimum rate of the new title, whichever is higher, shall be applied on the Sunday of the week the promotion is effective. The new wage will not be greater than the maximum wage for the title.

  • Downgrades

This paragraph is specific to wage treatment of employees who are downgraded into this Article and are currently above the High Rate of the new title.

Employees who are downgraded to a previously held title will have his or her salary decreased by five percent (5%) of the employee’s Standard Rate or to the maximum Standard Rate of the new title, whichever is lower. This shall be applied on the Sunday of the week the downgrade is effective.

  • Promotional Incentives

Promotional Incentives and Recognition Awards may be used to focus and reward individual or team efforts.

  • Travel Expenses (In lieu of Article 16)
    • Travel Expenses During Work Time

Employees required to travel after the start of or before the end of their tours will be provided transportation by the Company or reimbursed for travel- related, out-of-pocket expenses and/or authorized use of their personal vehicle in connection with such travel. Employees who travel by public transportation will be reimbursed for their actual out-of-pocket, travel-related expenses. Employees who are authorized to use their personal vehicles for such travel will be reimbursed at the highest allowable IRS rate per mile, plus actual out-of-pocket, travel-related expenses.

  • Travel Expenses – Assignments

Employees assigned to a location which, in the judgment of management, a daily commute is not reasonable, the Company shall provide for or shall reimburse the employee for reasonable expenses incurred, including board and lodging and additional travel expenses. Excess travel time will be considered work time at the beginning and end of any assignment or reassignment.

  • Transfers

If it is deemed necessary to permanently transfer, assign, or reassign employees covered by this Article from one work location to another that is beyond thirtyfive (35) road miles from the original work location or to a job title not covered by this Article, the Company and the Union will meet to negotiate a means by which to compensate the employee(s) for relocation monies as a result of this transfer. Both parties will utilize Article 16 as a basis for these negotiations.

  • Classification and Treatment of Part-Time Employees (in lieu of Article 18)
    • The classification of a part-time employee is based on the employee’s “part- time equivalent work week” which shall be determined prospectively by dividing the employee’s total normally scheduled hours per month by 4.35 and rounding the result to the next higher whole number. (Illustration: 68 hours per month divided by 4.35 equals 15.6 rounded to a “part-time equivalent work week” classification of 16.)
    • The part-time “equivalent work week” (EWW) classification of each part-time employee shall be reviewed by the Company on or about February 1 and August 1 of each year and adjusted as appropriate. In determining the appropriate EWW, the Company will consider the actual average number of hours worked in each of the two (2) quarters during the preceding six (6) month period except that any hours worked which are paid at the overtime rate shall not be counted in computing the average number of hours worked. If the result in both of the preceding two (2) quarters is a number higher than the employee’s existing EWW, the employee will be reclassified to the classification represented by the lower of the two (2) quarters. If the result in one (1) of the two (2) preceding quarters is equal to or lower than the employee’s existing EWW, and the result of the other quarter is equal to or greater than the employee’s existing EWW, then the employee’s existing EWW will remain unchanged. If the result in both the preceding two (2)

quarters is a number lower than the employee’s existing EWW, the employee will be reclassified to the classification represented by the higher of the two (2) quarters.

  • Payments to a regular part-time employee for disability under the AT&T Pension Plan and the Company’s  disability  plan,  vacations,  holiday, anticipated disability leave, and sickness absence (not under the Company’s disability plan), or termination allowance (or its equivalent) shall be prorated based on the relationship of the individual part-time employees “part-time equivalent work week” to the normal work week of a comparable full time employee in the same job title, classification or work group. A part-time employee shall not be paid for time not worked for absence due to sickness (not under the Company’s disability plan) unless such absence due to sickness occurs on a day of the week on which the employee is normally scheduled to work and the employee is eligible for pay for personal illness pursuant to Article 45, Paragraph 8 (Absence).
  • Part-time employees shall, if otherwise eligible to participate under the terms of such plans, be eligible for coverage under benefit plans, programs, and policies noted in Article 19 – Benefit Plans, Programs, and Policies. Part-time employees, regardless of classification, shall be eligible for Excused Work Days on a pro-rata basis based upon the ratio of any such part-time employee’s equivalent work week to the normal work week of a comparable full-time employee.
  • Absence (in lieu of Article 20)
    • Absence in General

An employee who is to be absent for any reason shall promptly notify his or her supervisor or the supervisor’s designee, in accordance with local policy, prior to or at the beginning of his/her scheduled tour with the reason for the absence and its probable duration, in order that proper consideration may be given to the employee’s request. (b) Personal Illness

(1) Employees hired on or after the date the 2015 Collective Bargaining Agreement is ratified (“Ratification Date”):

(a) Payment for full or partial days scheduled in a normal work week but not worked due to personal illness during the first seven (7) consecutive days will be paid on the following basis:

  • Less than three (3) years – Pay for full or partial scheduled day after the second full consecutive scheduled day of work not worked due to personal illness absence with a maximum of five (5) paid days in a calendar year.
  • During each calendar year beginning with the calendar year in which a term of employment of three (3) years of service is completed – Pay from and including the first full or partial scheduled day of work not worked due to a personal illness with a maximum of five (5) paid days in a calendar year.

(2) Employees  hired  prior  to  the  date  the  2015  Collective  Bargaining Agreement is ratified (“Ratification Date”):

(a) Payment for full or partial days scheduled in a normal work week but not worked due to personal illness during the first seven (7) consecutive days will be paid on the following basis:

  • Less than three (3) years – Pay for full or partial scheduled day after the second full consecutive scheduled day of work not worked due to personal illness absence with a maximum of five (5) paid days in a calendar year.
  • During each calendar year beginning with the calendar year in which a term of employment of three (3) years of service but less than six (6) years of service is completed – Pay from and including the first full or partial scheduled day of work not worked due to a personal illness with a maximum of five (5) paid days in a calendar year.
  • During each calendar year beginning with the calendar year in which a term of employment of six (6) years of service but less than eleven (11) years of service is completed – Pay from and including the first full or partial scheduled day of work not worked due to a personal illness with a maximum of seven (7) paid days in a calendar year.
  • During each calendar year beginning with the calendar year in which a term of employment of eleven (11) years of service but less than twenty-five (25) years of service is completed – Pay from and including the first full or partial scheduled day of work not worked due to a personal illness with a maximum of ten (10) paid days in a calendar year.
  • During each calendar year beginning with the calendar year in which a term of employment of twenty-five (25) years of service or more is completed – Pay from and including the first full or partial scheduled day of work not worked due to a personal illness.

NOTE: The maximum number of paid days may be converted to an equivalent number of hours based on the employee’s normal scheduled daily tour.

  • Payments to employees pursuant to this Paragraph shall be limited to scheduled days of work in a normal work week and may be suspended or discontinued for just cause.
  • Absence for Other Reasons
    • Jury or Witness Duty

An employee who is not a party to the action and who is absent in compliance with a summons for jury duty or a subpoena requiring the employee to appear in court as a witness shall be excused with pay for the period during which the employee is absent on scheduled days because of such jury service or court appearance. When an employee is excused from jury or witness duty for part of a day or for an entire day, the employee shall report to his or her supervisor in person or by telephone for an assignment.

  • Death

An employee who is required to be absent for one (1) day or more because of a death in the employee’s immediate family shall be excused for such day or days, but not to exceed five (5) scheduled regular tours or their equivalent, with pay. Immediate family means parents, grandparents, husband or wife (including legally recognized partner (LRP)), children, grandchildren, brothers or sisters, mother-in-law, father- in-law, brother-inlaw, or sister-in-law. The provisions of this Paragraph shall also be applicable in the event of the death of a relative or very close friend living in the same household with the employee.

  • Accidental Injury

If an employee is injured in the course of his or her employment and it is necessary for the employee  to cease work during  an assigned tour, payment for that tour shall be at the rate in effect during the time worked.

  • Election Board Service

An employee who requests an absence to serve on an election board in connection with a Federal, State, County, or Municipal election shall ordinarily be excused with pay for the scheduled days during the period the employee serves and deductions from pay for such absence shall be made only when in the opinion of the Company the circumstances in a particular case make such action advisable.

  • Other Absence

Absences with or without pay because of reasons not outlined in this Article may be granted at the discretion of the employee’s supervisor or the Company.

  • Visit to Medical Office

An employee who reports to work and is directed by management to visit a medical office during the employees scheduled working hours that day shall be excused without loss of pay.

  • Quarantine

In case of unavoidable absence due to contagious disease and quarantine in an employee’s immediate household or unavoidable quarantine elsewhere, the employee shall be paid on the same basis as if the absence were caused by personal illness of the employee as specified in Paragraph 8(b).

  • When payment for absence is made, the payment shall be at the employee’s Adjusted Rate plus any premium hour differential to which the employee would have been eligible had they not been absent. Payment shall be limited to scheduled days of work in a normal work week. 9 Excused Work Days (in lieu of Article 21)
    • Each regular employee who has at least six (6) months of net credited service on January 1, of each respective year of this 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 premium hour differential, if applicable, provided they are on the active payroll of the Company on that Excused Work Day.
    • The Company may designate one (1) paid Excused Work Day in each calendar year to be observed by 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).

  • 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 the years of this Agreement, up to three (3) Excused Work Days (EWDs) may be taken in one (1) hour increments, at any time during the vacation schedule up to and including the actual Excused Work Day provided:
    • His/her supervisor is notified before the beginning of the tour and the employee has been granted the time off.
    • In the case of emergent circumstances arising after reporting to work, the employee notifies his/her supervisor of the need for time off and is granted the time off.
  • Vacations (Modification to Article 22, Paragraph 11)

Payment for vacation shall be at the employee’s Adjusted Rate plus any applicable premium hour differential to which the employee would have been eligible had they not been excused.

  • Force Adjustment (in lieu of Article 24)

(a) Layoffs

Whenever business conditions are considered by the Company to warrant the layoff of employees, such force adjustments, as the Company may deem necessary, shall be made among those regular employees holding the same job title within the same job location covered by this Article. The Company will provide a minimum of sixty (60) days notice of a planned layoff to the Union unless a longer period is required by law.

During the first thirty (30) 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 thirty (30) 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.

Prior to any regular employee being laid off pursuant to this Article temporary and term employees in the same job title shall be work completed.

Layoffs shall be by inverse order of seniority, by group, in the following sequence:

  • Group One: Employees who currently possess a “Less than Satisfactory” performance appraisal (exclusive of attendance) and who have received three (3) or more consecutive quarterly  “Less than Satisfactory” performance appraisals (exclusive of attendance)
  • Group Two: Employees who currently possess a “Satisfactory or Better” performance appraisal (exclusive of attendance)

Each group will be depleted before moving to the next group.

The selection shall be subject to the procedures of Article 9 (Grievance Procedure) and Article 10 (Arbitration).

  • Layoff Payments

Employees laid off under the provisions of this Article will be entitled to a payment as specified in Article 45, Paragraph 12 (Termination Payments).

  • Recall

Former employees who held the affected job titles within the same job location (or its successor title or for a title of equivalent status for which they qualify) at the time of layoff, shall be offered recall to their last job title prior to the hiring of new employees.

(1) This will be accomplished in inverse order in which such employees were laid off per Paragraph 11(a), provided:

  • Their period of layoff has not exceeded three (3) years and;
  • They are physically able to perform the duties of the work involved.
  • 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 notify the Company within five (5) 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 temporary employees in the event of an emergency or to meet peak load or other temporary situations.

 

  • Termination Payments (in lieu of Article 25)
    • A termination payment, plus compensation for any vacation 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.

Years Of                                                              

Net Credited Service                                 Amount of Payment

6 months but less than 1 year                                      5 week’s pay

1 year but less than 2 years               6 week’s pay 2 years but less than 3 years                         7 week’s pay

  • years but less than 4 years            8 week’s pay
  • years but less than 5 years            11 week’s pay
  • years but less than 6 years            12 week’s pay
  • years but less than 7 years            13 week’s pay
  • years but less than 8 years            14 week’s pay
  • years but less than 9 years            15 week’s pay
  • years but less than 10 years             16 week’s pay 10 years but less than 11 years                      17 week’s pay
  • years but less than 12 years             18 week’s pay
  • years but less than 13 years             19 week’s pay
  • years but less than 14 years             20 week’s pay
  • years but less than 15 years             25 week’s pay
  • years but less than 20 years             35 week’s pay

20 years but less than 25 years                                   40 week’s pay

25 years but less than 30                                        45 week’s pay

30 years +                                                    50 week’s pay

 

(c) The termination payment, hereinafter referred to as termination allowance, shall at the option of the employee, be paid in a lump sum, less applicable deductions or as income continuation in periodic installments, subject to the limitations in Subparagraphs c(1) and c(2) below. 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:

  • 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 termination allowance shall, as a condition precedent to being recalled or rehired as regular employees of AT&T 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 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 (d) 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; (3) who is re-engaged; and (4) who is again laid off or terminated after having been re-engaged, will be calculated as follows:

(1) The number of weeks used to compute the termination allowance net of repayment pursuant to Paragraph (d) 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.

(f)     The provisions of Paragraph 12(a) 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.
  • Weekly Work Schedules And Hours Of Work (a) General
    • All assignments of working forces shall be subject to service and work requirements. The decision of the Company with respect to service and work requirements shall be controlling.
    • The working conditions of an employee shall be those specified for the

work group to which the employee is assigned. When an employee is assigned temporarily to a different work group within an office, the employee shall assume the working conditions of the temporary assignment.

  • Normal tours for each work group shall be as specified by the ranking Manager.

(b) Weekly Work Schedules

  • The normal work week may consist of five (5) tours totaling forty (40) hours in one (1) calendar week of Sunday through Saturday, inclusive.
  • The total normal hours worked for full-time employees per week shall be forty (40) hours.
  • In a week in which an authorized holiday occurs, one (1) of the scheduled normal tours shall be on the holiday. (c) Hours of Work – Scheduling
  • Work schedules will be established for each calendar week, designating days and hours of work for each employee. Such schedules will be established no later than Thursday, 5:00 PM of the preceding week.
  • The starting time of an employee’s scheduled tour on any day may be changed based on needs of the business.
  • Management will not involuntarily shift time on a daily basis without twenty-four (24) hour notification to the employee of his/her new start time.
  • To the extent needs of the business require employees to be assigned premium hour tours, such tours shall be assigned on a rotational basis between qualified and available employees.
  • The Company shall make every reasonable attempt to minimize tour changes after the schedules are posted as defined in this article.

(d) Relief/Meal Period

Relief periods will be determined by the Company and will be subject to force and work conditions. One (1) relief period will normally be assigned to each employee working a tour of four (4) to six (6) hours. Two (2) relief periods and a meal period will normally be assigned for each employee working a tour of over six (6) hours. Unless unusual conditions develop, such relief periods shall start not less than one (1) hour from the beginning or end of the tour.

  • Other Payments
    • Premium Hours

Employees whose work week schedules consist of calendar day tours which fall solely between 4:00 PM and 11:59 PM will be paid an evening differential of ten percent (10%) of their base rate for all hours worked on such tours. Employees whose work week schedules consist of calendar day tours which fall partially between 4:00 PM and 11:59 PM will be paid as expressed in differential considerations.

  • Employees whose work week schedules consist of calendar day tours which fall solely between 12:00 AM and 7:59 AM will be paid a night differential of fifteen percent (15%) of their adjusted rate for all hours worked on such tours. Employees whose work week schedules consist of calendar day tours which fall partially between 12:00 AM and 7:59 AM will be paid as expressed in differential considerations.
  • Differential Considerations

Employees whose work schedules consist of calendar day tours having fifty percent (50%) or more time within a differential period are eligible for that differential for their entire tour. Employees whose work week schedules consist of calendar day tours having hours split evenly fifty/fifty (50/50) between the evening and night differential periods are eligible for the night differential rate for the entire tour.

  • Call-Out Payments

An employee contacted during their time off to report for a work assignment will be considered “called-out”.

Employees responding to a call-out will receive a minimum payment of two (2) hours at the time and one-half (1 1/2) rate times their adjusted rate. Time spent in traveling to the work site will be considered time worked.

If a call-out occurs due to an employee omission or error, the two (2) hour minimum does not apply. The employee will be paid only for time spent on work activities.

Time not considered as call-out time includes time spent when employees are requested to:

  • Remain late on a day which they have reported to work, or
  • When prior to leaving work, they are requested to report for work on a subsequent day at either their standard or non-standard starting time.
  • On-Call Payments

Employees who are designated as being “on-call” and who are required to remain in contact with the office will be compensated Twenty-five dollars ($25) per day when required to be available.

  • Call-Up

An employee telephoned by a supervisor at home during periods the employee is not on work time will be considered “called-up”.

Employees telephoned under the above circumstances will be compensated if the telephone call meets the following requirements:

  • The telephone call is made outside the employee’s scheduled work time or on a non-scheduled work day or an excused holiday;
  • The employee uses his or her job knowledge or skill; and,
  • The call was not prompted by error or omission by the employee.

Employees who satisfy the above requirements  will be compensated by rounding the actual time spent on the call-up to the nearest one quarter (1/4) hour at the employee’s applicable hourly rate.

When more than a single telephone call is involved in a given day, compensation will be based on the combined duration of each telephone call.

  • Overtime Assignment not Continuous with a Tour on a Scheduled Day

An employee required to report to an overtime assignment not continuous with his/her scheduled tour will receive a minimum payment of two (2) hours at the time and one-half (1 ½) rate times their adjusted rate. To the extent that an employee actually incurs an extra commute in connection with the overtime assignment, time spent traveling, up to a combined total of one hour, to and from his/her residence and the workplace shall be considered time worked.

  • Management Relief Differential

An employee who is assigned to relieve a Management employee shall receive a payment of ten dollars ($10.00) for each tour or part in excess of one-half (1/2 thereof so worked.

Employees assigned to relieve a Management employee may perform all duties normally performed by the manager except that the employee shall not have access to personnel files and may not administer disciplinary action. Employees may also perform their normal duties while relieving the manager.

  • Temporary Assignment to Higher Occupational Job Classification

Employees temporarily assigned to work in a higher occupational job classification shall receive a classification differential for each day in which an employee works three (3) or more hours in the higher assignment. Such daily classification differential shall be one-fifth (1/5) of the promotional increase which would apply if the assignment in the higher classification were on a permanent rather than on a temporary basis.

  • Bi-Lingual Differential

A qualified employee assigned to communicate in a foreign language to customers shall receive a differential of three dollars ($3.00) for each work day or part, provided it is three (3) hours or more, so worked. A qualified employee is one who is test qualified in the foreign language. 15 Letters of Agreement

 

(6) Pension Bands
(7) Hiring Bonus
(9) Excused Work Days and Floating Holidays – Layoff Situations
(10) Use of Part-time Employees
(12) Indemnification
(14) Alternate Work Schedules
(15) Appearance Guidelines for Titles Listed in Paragraph 1(A)

 

 

16 Application of the 2012 Other Agreement Provisions

As a result of 2015 negotiations, the Company and Union have negotiated and agreed to incorporate the following provisions of the 2012 Other Agreements to employees covered by this Article.

 

 

AT&T and CWA Learning
Cope PAC Deductions – CWA
Funding of the Alliance
Joint Health Care Cost Containment Committee

 

 

Labor Advisory Forum
Union Representation
Pension Asset Transfer
Retirement Policy Advisory Committee
Term Employees
Subcontracting Data Request
Arbitration Awards – Interim Earnings
Employee Training
Excused Work Days
Job Security
Grievances Claiming Management is Performing Bargaining Unit Work
Local Agreements
Overtime Equalization
Ergonomics
June 28, 2001 Addendum to Agreement (Barnes)
AT&T Transfer/Rehire System (ATS/ARS)
Work & Family
Service Anniversary
AT&T Career Support Coordinator Position
Health Care Coordinator Position
National Transfer Plan
Success Sharing Plan
Employment Security Commitment (ESC)
Presidential Council
CVS Caremark
Special Social Security Supplement
Recall Forward
AT&T Option Program (ATTOP)
Subcontracting/Bargaining Unit Work Committees
Articles 20, 39 and 45 Personal Illness Absence and Limited Exception for Personal Illness Absence Immediately Preceding an Approved Disability
Telecommuting
Building Construction

 

 

  • PENSION BANDS

The present AT&T method and formula will be used to determine the proper Pension Bands assigned to the titles covered by this agreement.

  • HIRING BONUS

This letter confirms the understanding reached by the parties concerning the payment of a hiring bonus to new, off the street, hires covered by this collective bargaining agreement.

In order to recruit skilled employee(s) the company may, at its discretion, make available to such employee(s) an initial hiring bonus of up to Three Thousand ($3,000.00) dollars.

The parties understand and agree that this payment is a one time, lump sum and is subject to all applicable deductions.

 

Article 45

(9) EXCUSED WORK DAYS AND FLOATING HOLIDAYS – LAYOFF SITUATIONS

 

 

 

 

 

February 11, 2004

 

 

 

 

 

 

 

 

Ralph V. Maly, Jr., Vice President, CWA Dear

Ralph,

To confirm our discussions during negotiations that in the event of a layoff it is the

Company’s intent to provide employees the ability to schedule and take their EWDs and Floating Holidays prior to their off payroll date. In the event needs of the business do not permit the ability to schedule these days; employees will receive a payment in lieu of such unused days.

 

Regards,

 

 

 

/s/ Barbara A. Maniscalco

Employee and Labor Relations, Vice President

(10) USE OF PART-TIME EMPLOYEES

It is not the Company’s intent to create a part-time classification for the sole purpose of creating this classification for force adjustment purposes only.

In addition, individuals will not be reclassified to part-time for the purpose of protecting the employee from an impending surplus declaration.

(12) INDEMNIFICATION

It is the policy of the Company to indemnify and hold harmless from liability, employees who are determined to be liable to others as a result of the actions and/or simple negligence of the employees arising in the scope of their employment provided the action of the employee is not in violation of any applicable law.

(14) ALTERNATE WORK SCHEDULES

During 2000 negotiations the Company and the Union agreed to provide a method for the Company to offer a four day work week (FDW) when needs of the business allow. Employee participation is on a voluntary basis. The District Manager and the local union president must agree on the implementation of a FDW. The District Manager and the local union president may discontinue an alternate work week schedule with seven (7) calendar days advance written notice of termination.

 

Four Day Work Week (FDWs)

The hours of a Scheduled Daily Tour will be based on the hours in a normal work week divided by four.

 

Hourly Basic Rate

Is determined by dividing the five (5) day weekly basic wage rate by the number of hours contained in the Scheduled Weekly Tour (40).

 

Premium Hour Differential

Premium Hour Differential will be paid for those 4DW tours which fall wholly within the timeframe of 8pm to 6am.

 

Overtime

For those employees on the Four Day Work Week, weekly overtime will be paid after forty (40) hours worked in a week.

 

Hourly Time Bank

Vacations, Excused Work Days, Designated Holidays and Floating Holiday will be converted to an hourly total and taken on an alternate tour length basis. Any remaining time (time less than an AWS Scheduled Tour) will be designated as “residual time” and will be credited to the employee’s Hourly Time Bank.

 

Residual Time

Time remaining in the Hourly Time Bank after an employee has taken either a holiday, vacation day or excused work day time, on an alternate tour length basis. Residual Time may be taken as excused paid time in conjunction with Vacation, Designated Holiday time, Floating Holiday time or Excused Work Day time.

Article 45

If, at the end of a calendar year, the total Residual Time in an employee’s Hourly Time

Bank is equal to or greater than the number of hours in such employee’s AWS Schedule Daily Tour, the employee must take the necessary number of days off to reduce the number of hours to below the number of hours in such employee’s Scheduled daily tour. If total Residual Time is less than the number of hours in such employee’s AWS Scheduled Daily Tour, the employee may take the Residual Time as excused paid time in one or more increments, of no less than the two (2) hours each.

Residual Time that is not used in accordance with the previous provisions may be “bought out” by the company at the basic hourly rate (including any premium hour differential when applicable). This will be limited to a single buy out per calendar year. In no case will the amount of Residual Time that is to be bought out be greater than the number of hours in an employee’s Scheduled Daily Tour.

“Pay in lieu of” situations applicable to vacations because of separations through dismissal (except misconduct), layoff, resignation, retirement, or death will also apply to Residual Time.

 

Leave of Absence

Employees on leaves of absence will be changed to the five (5) day standard hours per day for the duration of the leave.

 

Termination Payment

For an employee assigned to an Alternate Work Schedule, Termination Payment shall be computed based on the standard weekly tour.

 

Employee Benefits

For an employee assigned to an Alternate Work Schedule, disability benefits shall be based on the standard weekly tour at that employee’s location.

 

Personal Illness

Sickness Wait Period will be converted from days to hours based on the existing articles contained in the local agreements.

Discretionary absence, whether paid or unpaid, will be charged to the employee at the alternate daily tour hour basis.

 

Rest Period

A FDW employee shall be assigned one (1) rest period of twenty (20) minutes during each one-half Scheduled Daily Tour.

 

Incidental Absences (Jury Duty, Military Duty, Death in Family, etc.)

Payment will be made for the number of days specified in the applicable article(s) of this agreement. Incidental absences will not be converted to hours.

 

(15) APPEARANCE GUIDELINES FOR TITLES LISTED IN PARAGRAPH 1(A)

The Company reserves the right to institute and modify reasonable appearance guidelines for titles listed in Paragraph 1(A). The Company will notify the local union prior to modifying the appearance guidelines.

In the event of a dispute concerning whether the appearance guidelines promulgated or in effect are reasonable, the grievance procedure will be utilized. If the parties are unable to resolve the dispute in the grievance procedure, the Union may proceed to arbitration pursuant to the provisions of Article 9 of this Agreement. The arbitrator shall determine whether the appearance guidelines promulgated or in effect are reasonable.

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