ARTICLE 12 – MANAGEMENT RIGHTS
The Union recognizes that the Employer has the exclusive right to manage its business except as specifically modified by this Agreement.
ARTICLE 13 – FUNERAL LEAVE
In the event of a death in the employee’s immediate family (spouse, mother, father, children, sister, brother), the employee shall be allowed an absence of up to three (3) work days including the day of the funeral and the employee shall receive pay for actual time lost at his regular rate.
In the event of the death of grandparents or brother-in-law, sister-in-law, mother-in-law or father-in-law, the employee shall be allowed an absence of one day including the day of the funeral and the employee shall receive pay for actual time lost at his regular rate.
ARTICLE 14 – MISCELLANEOUS PROVISIONS
Except in bona fide emergencies or for purposes of training, no member of management shall be permitted to do bargaining unit work covered by this Agreement.
Employees who perform two (2) weeks summer active duty in the military reserve or National Guard shall be paid the difference between their military pay and regular Company pay.
The Employer will provide all necessary tools for each job. Employees shall be made responsible for the safe keeping of tools and replacement cost of lost tools. Worn out or broken tools will be replaced by the Employer, except in the case of negligence by the employee. In the case of lost radios, employee liability shall be limited to $50.
In case of vehicle accident in which the employee is deemed to be negligent, employee liability shall be limited to one half (1/2) the uninsured expenses of repair up to $250.
Except in the case of installation of new construction projects or in buildings undergoing renovations, the Employer agrees it will not subcontract any of the work normally performed by bargaining unit employees unless all such employees are scheduled for a regular full work week or it is impractical for such employees to do the work, e.g., because of distance to be traveled, provided also that the Employer will attempt to have such work performed on overtime where the cost does not exceed the cost of subcontracting. New wire pulling work, not already subcontracted, will no longer be covered by the exception for new construction projects or buildings undergoing renovation.
An employee required to work at a location beyond commuting range shall receive Employer paid board and lodging for each day on assignment. An employee shall be paid a daily meal allowance of $35.00.
Company vehicles used for service work over the weekend, then taken home, shall be returned by Monday morning.
ARTICLE 15 – SHORT TERM SICKNESS AND ACCIDENT LEAVE
The Company provides a maximum of 5 paid sick days per year. The employee is required to notify his/her supervisor of illness prior to the time he/she is scheduled to work. For any absence of three consecutive working days, the employee will be required to furnish a doctor’s certificate to be eligible for sick pay. Sick leave is not to be taken as a matter of right. It is provided to cover situations of actual illness or accident.
Employees on disability or worker’s compensation will be eligible for one week (40 hours) of base pay for each year of continuous service up to a maximum of four (4) weeks. After the first week, the payment shall be for the difference between any benefit under the employer’s sickness and accident insurance policy and the normal weekly pay.
The Company will pay employees for up to five days per calendar year for time missed due to injury on the job, given that such injury results in a valid worker’s compensation claim, but only for time that employee does not receive worker’s compensation pay.
ARTICLE 16 – SAFETY AND HEALTH
Section 1.The Employer will make all reasonable provisions for safety and health of its employees during hours of employment. The Employer and Union will cooperate in the investigation and elimination of hazardous conditions and the improvement of the safety record. The Company agrees that reasonable protective devices to safeguard the health of employees and protect employees from injury will be provided.
The Employer will provide lockers for each employee’s use.
Employees will not be required to drive any Company vehicle with expired state inspection stickers.
The Employer and the Union agree to implement a drug and alcohol abuse testing and treatment program that shall conform to these requirements:
- The company shall not require any employee to submit to drug or alcohol testing unless there is a reasonable suspicion of work impairment. Random or across the board testing shall not be used.
- A supervisor making a claim of reasonable suspicion must have specific observations concerning appearance, behavior, speech or body odors of the employee or other reasons.
- An employee required to be tested shall be allowed time to consult with his shop Steward and a Steward will be made immediately available to the extent practical.
- Testing shall only be done at a qualified facility with guarantees of privacy and confidentiality to the employee. The report of any testing shall describe the tests performed, methodology used, and results. The report must be reviewed with the employee and kept confidential to protect the employee. The report may only be provided for medical treatment needs, grievance procedure needs, or lawful subpoena.
- Refusal to be tested shall be just cause for termination.
- An employee required to be tested who tests positive on a confirmatory test shall be referred for treatment. Refusal to participate in treatment shall be just cause for discipline up to and including termination. Upon completion of treatment, the employee may be subject to follow up testing at two (2) times, within one year, to be selected by the employer. A positive result on such a test shall be just cause for discipline up to and including termination.
- An employee may request a retest of the sample originally provided at another facility to be mutually selected by the company and union. Such retest must be performed immediately and shall be at the employee’s expense (subject to reimbursement if the second analysis reveals that the original positive result was incorrect).
- The company shall provide and continue a program of counseling and rehabilitation in its health insurance program for employees referred under this program. Additionally the program shall provide for the voluntary referrals of employees or members of their families for similar treatment. Use of rehabilitation services provided shall not result in discipline or exclusion from any other benefit program.
- Employees shall be notified of the employer’s drug and alcohol treatment program and the availability of nondiscriminatory use for volunteers by posting of notices and by direct offer to any employee demonstrating possible impairment or other problems.
- Driving a company vehicle while under the influence of alcohol or illegal drugs shall be just cause for termination.
ARTICLE 17 – COMPANY PLANS
The company will provide for its employees and their dependents the existing health and welfare benefits including hospital, medical, and life insurance with exceptions as noted in Section 2. The union shall be consulted during the process of carrier selection and be furnished with copies of the plan agreement.
Effective January 1, 2017, for the remainder of the contract, the company shall withhold, per pay period, a co-pay for individual health care coverage as follows:
.0011 x annual salary with a minimum of $13.00 and a maximum of $135.00
For the length of the contract, the company shall withhold, per pay period, a co-pay for family health care (including dental) coverage as follows:
.333 x the family health care premium paid by the company
The Union will make available the CWA/ITU Negotiated Pension Plan, the CWA Health and Welfare Trust, and the CWA Savings and Retirement Trust. This does not embody any obligation to establish any benefit except as otherwise provided in this agreement.
ARTICLE 18 – BULLETIN BOARDS
The Union shall have the use of a bulletin board at each location covered by this Agreement for the posting of Union notices, bulletins and other official material of interest to its members.
ARTICLE 19 – JURY DUTY
An employee who loses work because he is called for and serves on a duly constituted jury or is subpoenaed, and therefore is required to go to court, shall be paid the difference between his regular salary for the period involved and any money that may be received because of such service so the employee shall receive a full week’s pay. This benefit applies for a maximum of six weeks.
ARTICLE 20 – NO STRIKE-NO LOCKOUT
The Union agrees that neither it nor the employees, individually or in concert, will engage in, authorize, encourage, condone or permit a strike (including sympathy strike), work stoppage or slowdown, as a result of a dispute with the Employer, or any dispute between any of Employer’s customers or any building in which such customers are located and the Union or any other labor organization, and the Employer agrees that it will not engage in a lockout during the term of this Agreement.
If the Employer alleges that a sympathy strike is threatened, has occurred, or is occurring, it shall be entitled to obtain immediate arbitration of the violation. In this event, notice shall be made by telegram, registered mail, or other means offering an objective verification of receipt, to the other party to this Agreement and to the American Arbitration Association. The arbitrator shall be selected within 24 hours from a panel of three supplied by the American Arbitration Association, shall hold a prompt hearing within forty-eight (48) hours thereafter and shall render an award within twenty-four hours after the hearing. In such case, the arbitrator shall make findings of fact concerning the alleged violation, and if a violation shall be found to have occurred, he/she shall prescribe an order requiring any party or parties or employee or group of employees to desist from any sympathy strike.
The obligation of the Union in the case of a sympathy strike shall be to undertake reasonable efforts to resolve any such dispute after the employer has provided notice and allowed opportunities to investigate and seek termination or compromise of the dispute. If the Employer invokes mandatory arbitration under Section 2, the Union is not obligated to continue such efforts and shall have no further obligation under this Section 3 until the arbitrator has issued a decision.
The Employer’s interest in service to the customer during the resolution of any dispute is not limited, and until the dispute is resolved, the Employer may assign a supervisor or any other personnel or subcontract the particular work not being performed as a result of the dispute. This does not limit the Union’s obligations otherwise set forth in this Article 20, or in the grievance – arbitration provision of this Agreement.
ARTICLE 21 – CLASSIFICATIONS AND WAGE RATES
Classifications and rates of pay for employees in the I&S Department shall be:CLASSIFICATION WAGE SCHEDULE EFFECTIVE: (a) Installer at start
|at 6 months||17.70||18.05||18.41|
|at 18 months||18.92||19.30||19.69|
|at 30 months||20.26||20.66||21.08|
|(b) Installer II||22.26||22.70||23.16|
|(c) Crew Chief||24.20||24.69||25.18|
|(d) Crew Chief II||25.96||26.45||26.94|
Crew Chiefs may be promoted into the Crew Chief II category when they demonstrate a superior level of technical expertise, installation skill, service expertise, and the ability to train fellow technicians.
Installers may be promoted into the Installer II category when they have relevant experience, and they consistently exhibit excellent skills and knowledge for the Installer level, or have relevant or equivalent crew chief experience from previous employment.
Employees performing wire pulling work (of a kind previously subcontracted) in new buildings in the process of general construction or in a building, part of which is under major construction, only in those parts of the buildings under such major construction, shall be paid as follows:
CLASSIFICATION – EFFECTIVE: 10-1-16 *
- Installer at start
- Installer at 30 months
- Installer at 39+ months
- Crew Chief
Wire pulling work in any other situation shall be paid in accordance with the normal hourly rates set forth in this agreement. * These hourly rates will be determined by the future contracts negotiated by Local Union 98, I.B.E.W.
- As new equipment or processes are introduced into business, or as the state of the art advances with respect to equipment presently a part of the business, it being recognized that it is advantageous for the company to seek out and introduce profitable process or equipment lines, it is understood that the Employer will keep its employees constantly informed as to such additions. It is also recognized as equally advantageous that the employees seek and maintain knowledge, proficiency and familiarity with such equipment, processes and advances within the Employer. If new equipment or processes which require different skills to install or service are introduced into the business, employees shall be given all possible opportunities to be trained on such equipment. It is further understood that the Employer shall wherever possible participate and cooperate with employees in appropriate instruction, schooling or training programs.
- If an employee voluntarily declines training in such areas or if after reasonable training he is not qualified for such work, thus reducing or impairing his ability or qualifications to progress to more complicated work or to do his normal work, the Employer may, upon a review of the facts, temporarily halt normal pay progression corresponding with seniority until such time that the employee is willing and qualified to progress or, upon just cause, may terminate the employee. The Union will be fully notified of any such case and informed of all relevant facts. if the Union believes any such case to be unjustified, the matter shall then be considered as a grievance and shall be handled in accordance with Article 6 of this Agreement.
Flexible Starting Rates. When in the judgment of the Employer an increase becomes desirable in starting or other rates the Employer shall so notify the Union and discussion will take place as to the starting or other rates and method of progressions from the new starting or other rates to the existing of new schedule.
Exceptional performance may, at the option of the Employer, be recognized by a promotion of the employee demonstrating such performance to a higher classification. The Union will be informed of any such promotions.
Employees covered by this Agreement will not be permitted to contract for any work or job of a nature similar to his regular employment with the Employer.
ARTICLE 22 – SALE OF BUSINESS
In the event that the Employer sells or transfers operations or assets that affect work of the bargaining unit, the Union will be notified before the closing date of the sale or transfer for consultation on employee impact. If a sale or transfer is consummated the Employer will undertake its best efforts to arrange a meeting between the purchaser and the Union.