CWA Local 3682
Last update
Tuesday July 22, 2008 04:49 AM -0600
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CWA Local 3682
Last update
Tuesday July 22, 2008 04:49 AM -0600 |
|
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AGREEMENT Between COMMUNICATIONS WORKERS OF AMERICA and CAROLINA TELEPHONE AND TELEGRAPH COMPANY
Effective November 30, 2005 Through November 15, 2008
TARBORO, NORTH CAROLINA
TABLE OF CONTENTS Article Title Page Agreement . . . . . . . . . . . . . . . . . 5 Definitions . . . . . . . . . . . . . . . . .5 1 Recognition . . . . . . . . . . . . . . . . 8 2 Company-Union Relations . . . . . . . . . . . ..8 3 Management Rights . . . . . . . . . . . . . . ...8 4 Work Jurisdiction . . . . . . . . . . . . . . ..9 5 Non-Discrimination. . . . . . . . . . . . . 10 6 Probationary Period . . . . . . . . . . . . .11 7 Hours of Work and Basis of Compensation ...... ..11 8 Wages and Differentials . . . . . . . . . . . .19 9 Health and Safety . . . . . . . . . . . . . . ..22 10 Holidays . ...23 11 Vacations . . . .. . . . . . . . . . . . . . . ..24 12 Travel Time . . . . . . . . . . . . . . . . . 28 13 Travel Expense. . . . . . . . . . . . . . . . ..29 14 Seniority . . . . . . . . . . . . . . . . . . ...31 15 Choice of Tours . . . . . . . . . . . . . . . . 32 16 Transfers . . . . . . . . . . . . . . . . . . . 36 17 Absences from Duty. . . . . . . . . . . . . .. 40 18 Force Adjustments . . . . . . . . . . . . . . .. 58 19 Termination Allowance . . . . . . . . . . . . .. 66
TABLE OF CONTENTS Article Title Page 20 Tools and Working Equipment . . . . . . . . .. 68 21 Retirement and Benefits . . . . . . . . . . . . 70 22 Concession Telephone Service. . . . . . . . . ..78 23 Discipline and Discharge. . . . . . . . . . . ...78 24 Grievance Procedure . . . . . . . . . . . . . .....79 25 Arbitration . . . . . . . . . . . . . . . . . 82 26 Lockouts and Strikes. . . . . . . . . . . . . .83 27 Management Performance of Craft Work. . . . . ..84 28 Union Rights and Responsibilities . . . . . . 85 29 Records . . . . . . . . . . . . . . . . . . ... 85 30 Distribution of Agreement . . . . . . . . . . . ..85 31 Bulletin Boards . . . . . . . . . . . . . . . .. 86 32 Payroll Dues Deductions . . . . . . . . . . .. 86 33 Collective Bargaining Procedure and Coverage 87 34 Federal and State Laws. . . . . . . . . . . 88 Duration of Agreement . . . . . . . . . . . . . 88 36 Pay for Performance Compensation Plan and Other Incentive Programs .. 89 In Witness Whereof .. 90 Appendix A: Wage Schedules . . . . . . . . . . . . . . . . ...91 Appendix B: Pension Plan. . . . . . . . . . . . . . . . . 99 Appendix C: Savings Plan. . . . . . . . . . . . . . . . . 103
TABLE OF CONTENTS Article Title Page Appendix D: Memorandums of Understanding #2 - Moving Expenses-Displaced Employees. . .. .. .106 #3 - Temporary Assignments. . . . . . . . . .. .. 107 #4 - Payroll Deductions - CWA Savings and Retirement Trust . . . . . . . . . . .. 109 #5 - Home Garage. . . . . . . . . . . . . . . .. 110 Agreement Regarding Mutual Interpretation of Article 18 - Force Adjustments . . . . . .112 #8-Seniority 113 #9 - Administration of Payroll Deductions for COPE . . 113 INDEX .... 114
THIS AGREEMENT, made this 30th day of November 2005, by and between CAROLINA TELEPHONE AND TELEGRAPH COMPANY, herein referred to as the "Company" and the COMMUNICATIONS WORKERS OF AMERICA, AFL-CIO, herein referred to as the "Union". WHEREAS, the parties have carried on collective bargaining negotiations for the purpose of developing an agreement with respect to wages, hours and other terms and conditions of employment, and have reached agreement upon the terms of an agreement. NOW THEREFORE, this Agreement shall be binding upon the legal successors and assigns of the Company and the Union; and in consideration of mutual covenants herein contained, the parties have contracted and agree as follows: 1.01 Basic Rate of Pay. The rate of pay, exclusive of all differential or extra payments. 1.02 Call-out. A call of an employee while off duty to work hours not previously scheduled and when the duration of the work cannot be predetermined, except that the following shall not be considered a call-out: A. If the time worked immediately precedes, follows, and connects with regularly scheduled time. B. Work assignments, when notice is given in advance and the minimum assigned time is two (2) hours on weekdays and three (3) hours on holidays and Sundays. 1.03 Change in Schedule. A change in schedule is a shifting of hours within the previously posted work schedule. 1.04 Connecting Work. Any work that connects with the beginning or end of scheduled time. If the employee requests and receives time off for a relief or meal period between the scheduled time and the connecting time, such break shall not change the connecting nature of the work. 1.05 Full-Time Employee. An employee engaged to work a full-time or normal workweek. 1.06 Gender. The use of the masculine or feminine gender, or titles such as frameman, switchman, etc., in this Agreement, shall be construed as including both genders and not a sex limitation. 1.07 Headquarters Exchange, Location, Town. An exchange area, location or town designated by the Company as being the place of employment for a particular employee. 1.08 Holiday Work. Any work that begins on an authorized holiday. 1.09 Net Credited Service. Length of service as computed for pension and benefit purposes. 1.10 Night Tour. A tour that falls wholly or partly within the period from 7:00 p.m. to 7:00 a.m. 1.11 Nonscheduled Time. Nonscheduled time consists of the following: A. Nonconnecting work of which the employee is advised while on duty or when the duration of the work assignment can be predetermined. B. Assignment of an employee to work on a nonscheduled day for a full tour or when the duration of the assignment can be predetermined. 1.12 Occasional Employee. One who is engaged for a period of not more than three consecutive weeks regardless of the length of his/her daily or weekly assignments. He/she is an employee only on the days he/she works. 1.13 Overtime Rate. One and one-half times the basic rate of pay as required under the terms of the Fair Labor Standards Act. 1.14 Part-Time Employees. An employee is scheduled to work less than the number of hours in the normal workweek. 1.15 Part Tour. A work assignment of shorter length than the normal tour or workday. 1.16 Premium Pay. Pay at the overtime rate for non-overtime work at hourly rates equal to the overtime rate, for example, Sunday work. 1.17 Regular Rate of Pay. Basic pay plus any differential pay for work on evening and night tours. No overtime or extra pay other than evening or night differential is included in regular pay. 1.18 Service Requirements. Service requirements as determined by the Company. 1.19 Session: One of the two parts into which a tour is divided. 1.20 Sunday Work. Any that begins on a Sunday. 1.21 Temporary Employee. One whose term of employment is intended to last more than three (3) weeks but not more than one (1) year. 1.22 Tour. Any eight hours of performance of assigned duty. 1.23 Tour Differential. Payments, over and above the basic rates, made to weekly rated employees who work tours that do not fall wholly within the day period, 7:00 a.m. to 8:00 p.m. 1.24 Wage Length of Service (Wage Credit). Period credited to an employee in the application of the wage schedule for his/her job title. In paid absence cases under the "Plan for Employees' Pensions, Disability Benefits, and Death Benefits", only the first month of such absence is included in computing wage experience credit, except that employees absent as a result of, and who receive payments for, accidents arising out of, and in the course of, employment shall accumulate wage experience credit during the time of such absence and payment. 1.25 Workday. The period of time between 12:00 midnight preceding and 12:00 midnight ending any day. Any tour or call-out is a part of the workday on which such tour or call-out begins. Any connecting time that precedes a tour is a part of the workday on which the connecting time begins. Any connecting time that follows a tour is a part of the workday on which the tour begins, even though such connecting time continues until the beginning of a subsequent tour. Pay for work that starts at or after 12:00 midnight preceding the day and before midnight ending the day shall be at the rate prescribed for that day. 1.26 Work Group. A group of employees who are assigned to the same work location (place of reporting) and who interchange on work assignments and relieve each other; or who are assigned to the same first line supervisor and are assigned to separate work locations and who interchange on work assignments and relieve each other. However, it is understood and agreed that this definition shall have no application for weekly work schedules (vacation excluded) for employees who are required by the Company to perform work functions related to special circuits.
Article 1 The Company recognizes and will deal with the Union as the sole collective bargaining agent with respect to wages, hours of employment, and other conditions of employment for all employees presently listed under the wage guides in Appendix A of the Network Operations at the Company's offices and installations in the State of North Carolina but excluding all professional employees, confidential secretaries, Director's secretaries, General Manager's secretaries, Branch Managers secretaries (for Marketing and Business Development), supervising clerks, guards and supervisors as defined in the National Labor Relations Act, as amended. Not included are employees of the Company at Southern Pines, Pinehurst, Vass, Carthage, Whispering Pines, Robbins, Fuquay Varina, Angier, Siler City, Pittsboro, Bonlee, Goldston, Gibsonville, and Kernersville. Article 2 Section 1. The Company and the Union recognize that it is in the best interest of the parties, the employees, and the public that all dealing between them be characterized by responsibility and respect. To this end, the Company and the Union and their respective representatives will apply the terms of this Agreement fairly in accord with its intent and meaning, and consistent with the Union's status as exclusive bargaining representative of all employees in the unit. Article 3 Section 1. It is understood and agreed that the Company has all customary and usual rights, functions, and authority of management. Section 2. The Company shall have the exclusive right to: A. Direct and supervise the Company's plant and business operations and policies; B. Assign, modify or change work duties or requirements; C. Establish and maintain rules for safe and efficient operations; D. Move a facility or operation to another location or another facility, or close or liquidate a facility; E. Discontinue, temporarily or permanently, in whole or in part, the conduct of its business or operations; F. Install, remove, or change machinery and equipment and introduce new or improved methods, materials and facilities; G. Determine the qualifications for and make the selection of its managerial, supervisory, professional and administrative personnel; H. Determine, administer, rearrange and change methods, materials, equipment work and safety standards or performance requirements needed in any job or area; I. Decide the number of employees needed at any particular time or place and be the sole judge of the quality and acceptability of the communication service rendered to the public. The exercise by the Company of any right listed in A.-I., inclusive, of this section may not be made the subject of the grievance or arbitration procedure of this Agreement. The Company has the unqualified right to place any or all of such enumerated rights into effect without notice to, or negotiation with the Union. Section 3. It is further understood and agreed that all rights heretofore exercised by, or inherent in the Company, not modified or restricted by the terms of this Agreement, are retained solely by the Company. Article 4 Section 1. This Agreement does not guarantee to any employee or classification of employee in the unit described in Article 1 the exclusive right to any work. While the Company recognizes the right of its employees in normal circumstances to perform its work rather than suffer a lay-off from employment, yet the Union recognizes the right of the Company to contract out or transfer work to other persons when it determines that same is warranted. Section 2. The Company agrees that in its employment of contract labor to assist in the carrying out of its program of construction, installation, removal, maintenance or repair of its telephone plant, it will not use contract labor so as to result in the layoff of any regular employee normally performing the same work as that which is contracted out, and that the Company will not work hourly rated contract forces in excess of a normal forty (40) hour workweek when qualified Company forces performing the same type of work in the exchange are available and have not been afforded the same amount of overtime opportunity in that week. Article 5 Section 1. Neither the Company nor the Union, its agents or members shall: A. Discriminate against any employee because of his/her being or not being, or becoming or not becoming, a member of the Union; or B. Intimidate or coerce any employee into joining or not joining, or continuing or not continuing his/her membership in the Union; or C. Discriminate against any employee because of action taken by either party in processing grievances under the provision of this Agreement; or D. Discriminate against any employee because of race, religion, color, age, handicap, creed, sex, sexual orientation or national origin. In keeping with this Agreement, neither the Company nor the Union will tolerate sexual harassment by any of its employees. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when: 1. Submission to the conduct is made either an explicit or implicit condition of employment; 2. Submission to or rejection of the conduct is used as a basis for an employment decision affecting the harassed employee; or 3. The harassment substantially interferes with an employee's work performance or creates an intimidating, hostile, or offensive work environment. Section 2. The Company and the Union will comply with the Americans with Disabilities Act to ensure fair and equitable treatment of applicants and employees with disabilities. The parties herein will further ensure that reasonable accommodations are afforded to disabled applicants and employees on a case by case basis.
Article 6 Section 1. Any employee covered by this Agreement shall be regarded as a probationary employee for the first six (6) months [except Network Switching Technician and Business Service Technician - twelve (12) months] of his/her employment. If such employee is retained in the employ of the Company longer than said probationary period, he/she shall be considered a regular employee and seniority shall date back to the date of original employment. Those employees first hired as a contractor or temporary employee will have all such time worked in a specific classification count toward his/her probationary period for such classification. If probationary employees are laid off during the probationary period because of lack of work, they shall have credit for all time worked prior to such lay-off counted for the purpose of completing their probationary period. Section 2. Should such probationary employee be deemed unsatisfactory, in the judgement of the Company, at any time during the probationary period, he/she may be discharged, disciplined or suspended, without recourse to the arbitration provision of this Agreement. Article 7 HOURS OF WORK AND BASIS OF COMPENSATION Section 1. Work Schedules. A. Work schedules for all employees shall be posted officially by 3:00 p.m. on Thursday for each employee who is scheduled for assigned tours for the next calendar week, except that: 1. Holiday schedules shall be posted not later than 3:00 p.m. on Thursday of the second week preceding the week in which the holiday falls. 2. Schedules for Sunday will be posted on the preceding Monday. 3. An Operator Services employee desiring a day off shall submit a written request to the Manager-Operator Services, or to his/her representative, not later than Tuesday noon preceding the posting of the weekly schedule. B. Work schedules shall stipulate the starting and ending time of such tours, together with the starting and ending time of each session. Intervals between sessions shall be shifted as necessary to meet service requirements. C. Where employees work common hours as a group, a statement which meets the requirements of paragraph B. may be posted for the group as such. D. At locations where no management person is assigned to supervise the employees involved, a letter to such employees which meets the requirements of paragraph B. may be addressed to them advising that until further notice they are to work that schedule. At such locations this shall be considered as complying with paragraph A. above. E. Insofar as service requirements permit, Sunday assignments shall be rotated among the qualified employees within a work group. 1. Network Operations employees only, evening, night and day tours will be rotated on Sundays among those in the work group normally scheduled to work such tours. Section 2. Scheduling Tours. A. Tours may fall on any day of the week necessary to meet service requirements, except that tours and part-tours which make up the normal workweek may not be spread over more than six (6) days of the calendar week except for part-time employees who work less than forty (40) hours per week. All Operator Services operating room employees and Network Operations employees regularly assigned to evening and night tours shall have their tours scheduled in accordance with Article 15. 1. Scheduled time is composed of tours and/or part-tours and the scheduled time for any workday shall not normally exceed the length of the normal tour. 2. There shall be no more than four (4) hours between sessions of a split tour. The session shall not be less than three (3) hours or more than five (5) hours in length. B. Employees shall be scheduled to work no more than twelve (12) consecutive days or sixteen (16) consecutive hours, except where acute service conditions develop, and in such cases, they shall be paid two (2) times their basic rate of pay for days worked in excess of twelve (12) or for hours worked in excess of sixteen (16) consecutive hours. C. Insofar as service requirements will permit, except for rotation of Sunday and holiday hours and choice of tours, a minimum time interval of twelve (12) hours [eleven (11) hours in Operator Services] shall elapse between a scheduled ending time of one tour and the scheduled starting time of the next. A minimum of six (6) hours must elapse between the scheduled ending of a tour and the scheduled starting time of the next tour when rotating Sunday and holiday tours, or when exercising choice of tours. D. Employees shall be either scheduled to work or scheduled off on authorized holidays. 1. Insofar as service requirements permit, employees shall be excused on authorized holidays. 2. a. Insofar as practicable employees working on a holiday will be rotated from holiday to holiday among those qualified within a work group. Insofar as practicable employees working on Christmas Eve (Operator Services only), Christmas and Mother's Day (even though Mother's Day is not an authorized holiday) will be rotated from Christmas Eve to Christmas Eve, Christmas to Christmas and Mother's Day to Mother's Day, except that rotations shall not apply to employees who have vacation scheduled during Christmas week. b. When December 25 falls on Sunday, holiday schedules for operating forces in Operator Services will be rotated on Sunday rather than the observed holiday. E. Changes from officially posted weekly work schedule may be made in accordance with the following: 1. At the discretion of the supervisor in charge to meet service requirements. 2. At the request of employees and subject to the provisions of paragraph E.1. of this section and sub-paragraphs a. and b. below. a. Such requested changes shall be made when no replacement of the employee's schedule is required and when the services of the employee making the request may be profitably used during the hours to which he/she wishes to change. b. When a replacement of the employee's schedule is required, the change shall be made provided an agreeable change can be made in the schedule of another employee and provided such change does not involve overtime pay. The minimum period for which an employee may change hours with another employee is one session. An employee will not normally be allowed to make more than one scheduled change for a particular day. c. Employees shall not be restricted to the number of hours between sessions of a tour when they wish to trade any part or all of their tour, provided that no less than six (6) hours elapse between the ending of one tour and the beginning of the next as a result of such trade. F. Any connecting time worked that precedes or follows a scheduled tour shall be paid separately on a one-quarter (1/4) hour basis. Section 3. Reporting Time Worked. Work time for the basic workweek shall not be reported or classified in less than one-fourth hour periods. For example, an employee working three hours and five minutes shall report 3 1/4 hours; an employee working three hours and sixteen minutes shall report 3 1/2 hours. Section 4. Relief and Meal Periods A. A relief period of fifteen (15) minutes during each session shall be granted each employee. The time for such relief periods to be taken shall be fixed by the supervisor in charge and shall be near the mid-point of the session as is practicable. Such time shall be considered as time worked. B. In cases of connecting, call-out or nonscheduled work when an employee requests time off for a relief or meal period, such request will be granted, without pay, if practicable in view of the nature or expected duration of the work. C. When service requirements so dictate, the normal one (1) hour lunch period may be reduced to thirty (30) minutes by the Company.
Section 5. Pay for Work on Weekdays. (Other than an Authorized Holiday) A. Employees working on weekdays shall be paid at the regular rate for all scheduled time worked, except as otherwise provided in this section. B. Except for call-outs, employees working on a weekday shall be paid at the overtime rate for all nonscheduled time worked. In cases where such time would ordinarily have been subject to overtime payment because of the number of hours worked, no further payment shall be made. Nonscheduled time paid at the overtime rate and worked with twenty-four (24) hours notice shall not be included in the computation of the eight (8) hour and forty (40) hour eligibility for payment at the overtime rate specified in paragraph 5.C. C. Employees working on weekdays shall be paid at the overtime rate for time worked in excess of the normal workday [eight (8) hours] and/or at the overtime rate for time worked in excess of forty (40) hours during the calendar week. 1. Employees will be paid at two (2) times the basic rate of pay for all time worked in a calendar week as follows: Effective Date In Excess Of 12/1/2005 55 hours 12/1/2006 60 hours 12/1/2007 65 hours In computing these hours, only time actually worked will be counted except that time excused on an observed holiday (except personal holiday) up to the length of a normal tour shall be credited as a normal tour in computing the hours of work time. Effective 11/01/08, double time as set forth in this section shall be eliminated. D. When scheduled hours are changed by the Company, the new scheduled time worked on weekdays within twenty-four (24) hours after notice of the change but outside the previously posted schedule shall be paid for at the overtime rate. E. Lunch or meal periods between sessions which are shifted by the Company shall not be considered as a change in scheduled hours referred to in paragraph D. F. Employees shall be paid any applicable evening or night differentials. Section 6. Call-Out. A. A call of an employee while off duty to work hours not previously scheduled and when the duration of the work cannot be determined, except that the following shall not be considered a call-out: 1. If the time worked immediately precedes, follows, and connects with regularly scheduled time. 2. Work assignments, when notice is given in advance and the minimum assigned time is two (2) hours on weekdays and three (3) hours on holidays and Sundays. B. The minimum compensation for a call-out on a weekday that does not connect with an employee's scheduled tour, shall be two (2) hours' pay at one and one-half (1 1/2) times the basic rate if the call-out begins at or after 7:00 a.m. and before 7:00 p.m., and three (3) hours' pay at one and one-half (1 1/2) times the basic rate if the call-out begins at or after 7:00 p.m. and before 7:00 a.m. Time worked during a call-out on weekdays shall not be considered in computing overtime for the week. C. Similar assignments on holidays shall carry a minimum of three (3) hours' pay at one and one-half (1 1/2) times the basic rate if the call-out begins at or after 7:00 a.m. and before 7:00 p.m. and a minimum of four (4) hours' pay at one and one-half (1 1/2) times the basic rate if the call-out begins at or after 7:00 p.m. and before 7:00 a.m. D. For a call-out on Sunday, hours will be as specified in paragraph C. and pay shall be at the double time rate. The time shall not be included in determining the forty (40) hour workweek. Section 7. Nonscheduled Time. A. Nonscheduled time consists of the following: 1. Non-connecting work of which the employee is advised while on duty or when the duration of the work assignment can be predetermined. 2. Assignment of an employee to work on a nonscheduled day for a full tour or when the duration of the assignment can be predetermined. 3. In the case of nonscheduled work as described in A. 1. and A. 2. above, a minimum of two (2) hours at the applicable rate shall be paid when the work takes place on any day other than a Sunday or a holiday. A minimum of three (3) hours at the applicable rate shall be paid when the work takes place on a Sunday or a holiday. Time worked in excess of the minimum shall be paid at the rate applicable. Section 8. Pay for Work on Sunday A. Employees working on Sunday shall be paid at the Sunday rate [one and one-half (1 1/2) times the basic hourly rate]. Section 9. Pay for Authorized Holiday. A. Employees shall be paid a day's basic pay for an authorized holiday irrespective of any payment for time worked on the holiday, except as provided in paragraphs 1. through 5. below: 1. Absentees, meaning employees failing to report for scheduled work on the holiday, or on either of the days that immediately precede or follow the holiday, shall receive no pay for the holiday unless such absences are excused. 2. Employees who have been granted a formal or informal leave of absence during a period in which a holiday occurs shall not be eligible to receive pay for the holiday. For the purposes of this paragraph only, absence for five (5) consecutive scheduled workdays shall constitute an informal leave of absence unless such absences are permitted by the Company due to a temporary force surplus. 3. Employees who are eligible to receive department sickness payments because of sickness on a holiday shall receive no further pay for the holiday. 4. Employees who are eligible to receive sickness benefit payments or accident benefit payments under the Employees' Benefit Plan because of disablement on a holiday shall receive no further pay for the holiday. 5. An employee whose last day of work before leaving the service is on a day immediately preceding a paid holiday shall receive no pay for the holiday. B. Regular part-time employees shall be paid regular pay equal to the number of hours normally worked on a weekday.
Section 10. Pay for Work on Holiday. A. Employees working on a holiday shall be paid at one and one-half (1 1/2) times the regular rate except as otherwise provided in this section. B. Employees working on a holiday shall be paid at the overtime rate for work in excess of a normal tour. C. When a scheduled holiday is shifted by the Company from a workday to an off day without twenty-four (24) hours notice, employees shall be paid on the holiday for four (4) hours at the regular rate. D. Times worked and/or excused on a holiday observed Monday through Saturday up to the length of a normal tour shall be credited as a normal tour in determining the daily and weekly overtime. E. Pay under this section is in addition to pay under Section 9. Section 11. Non-Compounding of Overtime. Notwithstanding any other provisions of this Agreement, employees shall not be paid for work on Sundays, weekdays, or holidays at any rate in excess of the overtime rate except where necessary to meet minimum pay requirements as stated in this Agreement. Section 12. Equalization of Premium Pay Work Opportunity. A. Opportunity to work at the overtime rate shall be equalized insofar as practicable within each work group. Scheduled time, worked on Sundays and holidays is not covered by this section, but is rotated in accordance with other provisions of this Agreement. B. The Company agrees to utilize the "preferred overtime list" for contacting eligible employees for overtime opportunities. Within a work group, overtime should be assigned, if possible, to those employees who desire it, utilizing a "preferred overtime" list. Qualified employees as determined by management are eligible to place their names on the "preferred overtime" list. Employees within a work group desiring overtime assignments shall enter their names on the "preferred overtime" list. Addition or deletion of names to or from this list shall be available on a biweekly basis, with changes to the subsequent weeks "preferred overtime" list to be made prior to 3:00 p.m. on the Thursday preceding the beginning of a new payroll period. Call-outs or other nonscheduled, non-connecting overtime will be first offered to qualified persons on the "preferred overtime" list, however this does not preclude the Company from offering overtime to employees not on the "preferred overtime" list. The cumulative total hours of overtime opportunity will be reset to zero on each anniversary of the labor agreement. When qualified employees enter a work group, when an unqualified employee becomes qualified or when an employee returns from a leave of absence (including STD or WC) such employee will be assigned hours equal to the average of the work group at that time. When an employee places their name on the "preferred overtime" list, such employee will be assigned hours equal to the average of those on the "preferred overtime" list. C. The Company has a right to require an employee to work on overtime, call-out or nonscheduled assignment. Article 8 Section 1. Wage Rates. A. Full-Time Employees. Pay and progression schedules for full-time employees shall be those shown in the appendix attached hereto and made a part of this Agreement. B. Part-Time Employees. 1. The rate of pay and amount of increase for part-time employees shall be prorated by relating his/her hours of work to the normal workweek. 2. A part-time employee shall receive progression increases at the same work experience intervals as a full-time employee. Section 2. Starting Rates. The Company shall have the right to determine the starting rate of each employee and shall assign wage credit as it feels proper according to the background of the individual being employed. As the proficiency of an employee is evaluated by the Company, the rate of pay may be adjusted upward or downward accordingly. Section 3. Effective Date for Wage Increases. The effective date for wage increases shall be the beginning of the payroll period nearest the first day of the calendar month for employees engaged between the first and fifteenth days of the month, and shall be the beginning of the payroll period nearest the first day of the next succeeding month for employees engaged between the sixteenth and the last day of the month. A. If an employee who is absent on account of sickness or accident for thirty (30) days or less becomes eligible for a general wage increase or if the consideration period for a scheduled increase falls within the period of absence on account of sickness or accident, the effective date of the increase shall be the day upon which the employee returns to work. B. If the period of absence exceeds thirty (30) days and the employee becomes eligible for a general wage increase during the absence, the effective date of the increase shall be the day upon which the employee returns to work. If the period of absence on account of sickness exceeds thirty (30) days and the employee becomes eligible for consideration of a scheduled increase within the period in excess of thirty (30) days, such increase shall be delayed for a period equivalent to the absence in excess of thirty (30) days. Section 4. Transfers to a Lower Rated Job Employees transferred to lower rated jobs, either at their own request or due to unadaptability on existing assignments, will receive compensation based on the wage length of service in the lower rated job and under no circumstances to exceed the maximum for the lower rated job. Section 5. Weekly Differential Payments. Employees shall be paid a weekly differential for working scheduled hours which fall wholly or partly within the period 7:00 p.m. to 7:00 a.m. in accordance with the table below: Basic Wage Rate Rate Per Week Above Per Week Appropriate Wage Rate $60.00 to 69.99............................ ...$ 6.00 $70.00 to 79.99............................ .... 7.00 $80.00 to 89.99............................ .... 8.00 $90.00 to 99.99.......................... ...... 9.00 $100.00 to 109.99 ................................ 10.00 $110.00 to 119.99.. .............................. 11.00 $120.00 to 129.99........................... . 12.00 $130.00 to 139.99 ................................ 13.00 $140.00 to 149.99 ................................ 14.00 $150.00 to 159.99 ................................ 15.00 (Same pattern for each additional $10.00 of basic wages.) Section 6. Head Craftsperson Differential Employees in the Network Operations may be designated as head craft persons from within the affected work group and assigned the responsibility of working leader. During the period in which the title is held a differential of seventy-five cents ($0.75) per hour will be paid for all hours of the assignment. Section 7. Relief Differentials. When an employee is designated by the Company to temporarily relieve or to fully perform the functions of an employee on a higher classification for a period not to exceed four (4) weeks [thirteen (13) weeks for relief due to disability, anticipated disability, or newborn child care], he/she shall be paid a relief differential of $2.80 per session for each full session (or at least three hours of such session) of such work performed, except that such differential shall not result in the base pay of the relieving employee exceeding the top wage rate for the classification in which the relief occurs. The time limitation for relief differential may be extended or waived by mutual agreement between the Company and Union representatives. The relief differential does not apply to work provided solely to avoid lost time during inclement weather. Section 8. Coach Differential Employees designated by the Company to act as a coach will receive a differential of seventy-five cents (.75) per hour for all hours worked and will not perform their normal job duties during such assignment unless specifically directed to do so by the Company. It is recognized that the Company may from time to time, in its discretion, direct employees designated as coaches to perform other (non-coach) work; but such employees will receive the Coach Differential, so long as they are designated as a coach by the Company. Section 9. On Call Duty On Call Duty may be utilized for all classifications covered under this Agreement. The Company reserves the right to designate the areas in which this program will be utilized. This program will be voluntary if an adequate number of employees are available. Otherwise, the On Call Duty will be rotated among qualified employees, as determined by management. The following guidelines will be used for application of this program. 1. The On Call Duty may be rotated on a daily and/or a weekly basis (Friday at 5:00 PM to the following Friday at 8:00 AM). 2. Employees on weekly on-call duty will not be required to perform On Call Duty more than once per month unless they volunteer. In no instance will an employee be allowed to perform weekly On Call Duty more than twice during a four-week period. 3. If no one volunteers, the On Call Duty will be rotated among qualified employees, as determined by management. 4. The Company will contact the On Call employee by means of wireless communications designated and provided by the Company. 5. The On Call employee will be required to report within one hour of being contacted. 6. The On Call employee will be paid a weekly differential of $190.00 effective 12/01/05, $200.00 effective 12/01/06, and $210.00 effective 12/01/07 in addition to any compensation for hours worked on call outs and/or non-scheduled time. 7. On Call periods of less than one week may be required under certain circumstances. When required, technicians will be paid a differential of $26 per day on weekdays and $40 on holidays. This differential will be in addition to any call out pay the technician may earn. 8. On Call employees will normally be used within their assigned areas. In no instance will the company require an On Call employee to travel more than a 50 air mile radius on a call out assignment. Article 9 Section 1. When employees report for duty and because of inclement weather are, in the opinion of the supervisor, unable safely to perform their regular work, they shall be assigned such other work as may be available in order that their time may be profitably utilized. Section 2. Notwithstanding the provisions of Section 1. above, employees who report for work and who, because of unsatisfactory or unsafe working conditions that are beyond the control of the Company, are unable to satisfactorily perform any work shall be paid for three (3) hours or until dismissed from duty, whichever time period is greater. Section 3. The maintenance of proper health and sanitary conditions and the observance of all laws relating to fire protection and safety are of mutual concern to the Company and the Union. Article 10 Section 1. Authorized Holidays. New Year's Day Memorial Day Independence Day Labor Day Thanksgiving Day Christmas Day Section 2. Holidays Falling on Sunday. When an authorized holiday falls on Sunday, the following Monday shall be observed as the holiday. Section 3. Holidays Falling on Saturday. When an authorized holiday falls on Saturday, the preceding Friday shall be observed as the holiday except that Operator Services operating room employees will observe Saturday as the holiday. Section 4. Holidays within Vacation Period. When an authorized holiday falls within an employee's vacation period, an additional day of vacation shall be granted and may, unless acute service demands prohibit, be taken at any time within the vacation year provided that the additional day is selected not later than Tuesday noon preceding the posting of the schedule for the week in which the holiday is to be taken. Section 5. Personal Holidays. A. In the first year of employment, employees hired between January 1st and February 28th will be granted five (5) personal holidays; employees hired between March 1st and April 30th will be granted four (4) personal holidays; employees hired between May 1st and June 30th will be granted three (3) personal holidays; employees hired between July 1st and August 31st will be granted two (2) personal holidays; and employees hired between September 1st and October 31st will be granted one (1) personal holiday. After the first year of employment, personal holidays shall be earned based on the following schedule:
B. All personal holidays shall be scheduled at the conclusion of the vacation selection process as set forth in Article 11, Section 2. Personal holidays may be rescheduled during the un-expired portion of the calendar year upon the request of any employee service requirements permitting; provided, such request is made no later than Tuesday noon preceding the posting of the schedule for the week in which the personal holiday is to be taken. C. Employees may select two (2) personal holidays in the calendar year individually among the employees in the workgroup. The selection of these two (2) holidays will be made by seniority. Up to 10% of the employees in the workgroup may select the same day and not be subject to staffing requirements. If more than 10% of the employees in a work group select the same day, then staffing requirements as determined by management will be the determining factor. Employees may take two (2) personal holidays (up to 16 hours) in segments of two (2) hours or more in accordance with paragraph B. above. Article 11 Section 1. Vacation Eligibility. A. For regular employees, the eligibility for vacation with pay during the calendar year employed is as follows: 1. EMPLOYEES HIRED VACATION ELIGIBILITY 1/1 THROUGH 1/15 10 DAYS 1/16 THROUGH 2/15 9 DAYS 2/16 THROUGH 3/15 8 DAYS 3/16 THROUGH 4/15 7 DAYS 4/16 THROUGH 5/15 6 DAYS 5/16 THROUGH 6/15 5 DAYS 6/16 THROUGH 7/15 4 DAYS 7/16 THROUGH 8/15 3 DAYS 8/16 THROUGH 9/15 2 DAYS 9/16 THROUGH 10/15 1 DAY Employees hired after October 16 through December 31 shall receive no vacation during the hiring year. Employees having less than five (5) years of credited service will receive two (2) weeks vacation with pay for 80 hours at their base rate of pay. Commencing in the calendar year in which employees complete five (5) years of credited service they will receive three (3) weeks vacation with pay for 120 hours at their base rate of pay. Commencing in the calendar year in which employees complete fifteen (15) years of credited service they will receive four (4) weeks vacation with pay for 160 hours at their base rate of pay. Commencing in the calendar year in which employees complete twenty-five (25) years of credited service they will receive five (5) weeks vacation with pay for 200 hours at their base rate of pay. Personal holiday hours are provided for all incidental absences from work including but not limited to incidental absences of five days or less due to illness/injury. In situations of FMLA covered absences to care for covered relatives, the employee will have the option to take vacation/personal holidays or unpaid time off. Vacation and Personal holidays includes both scheduled and unscheduled vacation and/or personal holidays. Scheduled vacation and/or Personal holidays are those hours selected by the employee in accordance with the vacation and/or Personal holiday selection process or other employee requests approved by the immediate supervisor contained in Section 2 of this article. Scheduled vacation and/or Personal holiday hours are included as part of a regular work week for overtime purposes and unscheduled vacation and/or personal holiday hours are not included. Unscheduled vacation and/or personal holidays occur when an employee is absent from work. Unscheduled vacation and/or personal holidays will count as an occurrence under the attendance plan. Unscheduled vacation and/or personal holidays are not included as part of the regular work week for overtime purposes. B. In the event an employee takes vacation prior to accruing it, and resigns from the Company, the un-accrued vacation time already utilized will be deducted from the final paycheck. Section 2. Vacation Assignments A. Vacations in accordance with the provisions of Section 1. may be taken at any time, subject to service requirements, during the calendar year. Vacations shall be scheduled five (5) consecutive days and may be scheduled for two (2), three (3), or four (4) consecutive weeks. Vacations should be scheduled to begin on the first working day of the week. Although vacation normally will be taken in segments of one week, an employee may take vacation in increments of one-half day, a day or more at a time where service requirements permit, as determined by management. B. The selection of vacation time shall be based upon seniority in each work group. An individual employee may exercise his/her seniority with respect to vacation periods only at the time the vacation schedule for a given work group is established. If the vacation period is to be split, seniority may be exercised only on the first segment until all employees in the work group have made their selection. Thereafter an employee may exercise his/her seniority with respect to the second segment of his/her vacation as outlined above, and the same procedure shall be adhered to with respect to any additional vacation segments. C. The Company will post no later than November 1 preceding the vacation year a vacation schedule showing the number of employees in each work group who can be off during the vacation period, together with the vacation allowance for which each is eligible. D. Starting no later than December 1 preceding the vacation year the Company will make a reasonable effort to contact employees, in order of their seniority, so that they may choose a vacation period from those available. Employees not making a selection at the time of contact and employees with whom the Company was unable to contact after a reasonable effort to do so, shall be passed over but shall have the right to make a selection from the remaining available vacation periods in accordance with their seniority at any subsequent time prior to January 1 of the vacation year. Vacation periods for employees failing to meet this requirement shall be assigned by the Company. E. Vacations may be rescheduled during the un-expired portion of the vacation year upon the request of any employee providing such rescheduling is consistent with service requirements. 1. If an employee is on STD the first day of his/her vacation period, or the first day of any subsequent full week's segment of his/her vacation period, to the extent that he/she would be unable to take vacation, or such segment, or return to work, the vacation, or such segment shall be rescheduled upon his/her request, provided that the employee's supervisor is notified on the first day of illness. 2. If reasonable notice is provided his/her supervisor, an employee who is required to report for jury or witness duty as described in Article 17, Section 4.A.1., on the first day of the vacation period, or the first day of any subsequent full week's segment of the vacation period, shall have vacation, or such segment, rescheduled upon request. F. Once vacations have been scheduled, they shall not be changed at the initiative of the company except in such cases where service requirements demand such changes or such changes will obviate the layoff or separation of other employees. Once vacations have been scheduled, they shall not be changed at the initiative of the employee unless such changes are consistent with service requirements. Vacation Carryover: The Company agrees to allow employees covered by the labor agreement to carry over up to a maximum of one (1) week (40 hours) of vacation to the following calendar year. The week of vacation must be scheduled and taken before March 31st of the following year and is not cumulative. Employees on Short Term Disability at year-end also will be able to carry over a maximum of 40 hours of unused vacation with a March 31st expiration date. Employees wishing to carry over vacation must notify their supervisor by October 1st. Section 3. Vacation Pay. A. Vacation pay for a regular full-time employee shall be at the basic rate of pay. B. Vacation pay for regular part-time employees shall be at the basic rate of pay prorated according to the average weekly scheduled hours of the employee during the preceding four (4) weeks.
Section 4. Vacation Treatment for Employees Leaving the Service. A. An employee who leaves the service on or after December 26 of the current year shall be granted pay in lieu of unused vacation time to which he/she would have been entitled had he/she remained in service during the subsequent year. B. An employee is not entitled to pay in lieu of vacation during a period for which he/she is receiving a payment on account of disability. Section 5. Vacation Treatment for Employees Returning to the Service. An employee who resumes employment following pension status, layoff, or a leave of absence (except military leave of absence) and has not previously received vacation for the year in which he/she resumes employment shall be eligible for a vacation when he/she has worked for as much as thirteen (13) weeks following his/her last paid vacation, to include eight (8) weeks following his/her return from leave of absence. Section 6. Vacation Treatment for Sick Employees. A. An employee who is eligible for sickness benefits under the Employees' STD Benefit Plan shall have the option to substitute vacation for incidental absence. Article 12 Section 1. Time Considered Worked. A. Time spent by an employee in traveling from the Company designated place of reporting to the job, and from the job back to such place at the conclusion of the day's work, shall be considered as time worked except that when an employee elects to commute as authorized by Article 13 only one way travel on the first and last days of the assignment shall be considered. B. Time during the scheduled or assigned hours of an employee which is spent at the direction of the Company in traveling from one job assignment to another or from one town to another shall be considered as time worked. C. Time spent by an employee, at the direction of the Company, in traveling before or after the hours of his/her scheduled or assigned tour, which may be described as "all in a day's work," shall be considered as worked time. D. When an employee is directed to travel continuously for more than a full working day, the time spent traveling shall be considered as time worked provided that such travel is by means authorized by the Company. E. When an employee is required by the Company to travel on a day on which he/she was not scheduled, he/she shall be considered as working on such day for the number of traveling hours provided that such travel is by means authorized by the Company. 1. Insofar as it is practicable, the Company will not require employees to travel on Sundays or holidays. Section 2. Pay Basis for Travel Time. When it is to be considered as time worked, travel time shall be paid for on the same basis as actual work time. Article 13 Section 1. Expense in Connection with Transfers. A. The Company shall not pay transfer or moving expenses when an employee is transferred at his/her request. 1. The employee shall suffer no loss of regular pay for reasonable time off to arrange for suitable housing, the moving of household furnishings and to make the trip to the new location. B. When an employee is transferred at the instance of the Company from one town to another, he/she shall be given reasonable notice prior to the transfer, and reasonable expenses to the employee in connection with the transfer shall be borne by the Company. 1. The employee shall suffer no loss of regular pay for reasonable time off to arrange for suitable housing, the moving of household furnishings, and to make the trip to the new location. 2. The employee shall be reimbursed, upon presentation of receipted bills or other evidence of payment, for actual cost of transportation, meals, lodging, and other incidental expenses for the employee and the members of his/her immediate family residing with him/her including drayage costs and other incidental expenses of moving household furnishings. 3. The employee shall be reimbursed for loss of unexpired rent or house payment for a period not to exceed one (1) month except that in case of undue hardship consideration will be given to reimbursing the employee for unexpired rent or house payment beyond one (1) month but not to exceed three (3) months. C. Any change in the designation of an employee's headquarters town shall be considered and treated as a transfer for the purpose of this section. Section 2. Travel Expense. A. Employees shall, when required to travel, be reimbursed for necessary reasonable board, lodging and other expenses in accordance with the Sprint Employee Travel and Reimbursement Financial Practice. Employees will be responsible for obtaining Company designated credit cards for billing purposes when required by the Company. 1. An employee entitled to receive such expenses may elect to make his/her own living arrangements. In cases where the travel requires an overnight stay away from the employee's home, the employee will be paid an allowance of $70.00 per night in lieu of such expenses for those meals, lodgings, and other expenditures which would otherwise be payable on an actual expense basis. a. In the case of training schools or group movements of employees for emergency reasons, the Company may make suitable arrangements for lodging and/or meals for employees involved. If such an employee elects to make his/her own living arrangements, he/she will be paid the allowance otherwise payable under paragraph 1 above. 2. An employee entitled to receive expenses incurred during a temporary transfer may elect to travel on his/her own time to and from his/her regularly established home. In this event the employee shall be paid a commuting allowance of $25.00 per day or part day worked. Such employee may be directed or permitted to ride one way in a Company vehicle without depriving him/her of his/her allowance. This commuting allowance is payable only for round trips from the location of the temporary assignment to the employee's home and return, and only on occasions which would have required an overnight stay had the employee not elected to return home. An employee on actual expenses or receiving the allowance of $70.00 per day who returns to his/her regularly established home overnight shall be considered to be on a commuting status for that day on which the trip home begins and shall be paid the commuting allowance of $25.00 for that day. 3. When an employee is authorized by the Company to travel by means of his/her personal automobile, the employee shall receive the mileage allowance authorized by the Internal Revenue Service, for travel over the agreed upon route. The employee may be required to submit evidence that he/she has the minimum amount of liability insurance required by State law. Section 3. Meal Allowance. A. Employees shall be entitled to an evening meal allowance of $9.50. To be eligible for this allowance the employee must work a minimum of three (3) additional hours beyond his/her scheduled end of tour. Article 14 Section 1. The seniority date for regular full-time employees will be the net credited service date. Net credited service as shown on the employee's personnel record will be controlling. Length of service for part-time regular employees shall be adjusted on the basis of their hours worked in accordance with Section 3. shown below. For seniority purposes only, a break in an employee's net credited service shall be bridged after the employee has been continuously employed for a period of one (1) year, thereby establishing a new seniority date. During the term of this Agreement, seniority shall be used for the purpose of assignment of tours as covered by Article 15, the choice of vacations, transfers at the instance of the employee or the Company, and for lay-offs and recalls. Section 2. Seniority During Absences. Net credited service allowed during leaves of absence shall apply to seniority; that is, only thirty (30) days of any leave of absence other than military or Union leaves of absence will be allowed. Net credited service and seniority will accrue during layoffs up to a maximum of six (6) months. Section 3. Seniority for Part-Time Employees. Part-time employees shall accrue seniority credit in accordance with the following table: Number of Hours Normally Seniority Credit Assigned Per Week (Per Calendar Month) Up to 8 Hours, inclusive............... .. 1/5 month Over 8 hours to 16 hours, inclusive.... 2/5 month Over 16 hours to 24 hours, inclusive... 3/5 month Over 24 hours to 32 hours, inclusive.. . 4/5 month Over 32 hours......................... .... 1 month Section 4. Notwithstanding other provisions of this article, employees entering the bargaining unit with previous bargaining unit service will have such service immediately apply as seniority for all uses. In addition, all employees entering the bargaining unit with previously established net credited service shall, after one year, have such service apply for all uses of seniority except for force adjustments. Article 15 Section 1. Operator Services Employees. A. Operator Services employees shall have the opportunity to exercise their seniority in the choice of tours within the work group no less frequently than weekly. The Company in offering choice of tours reserves the right to make assignments as may be necessary for compliance with the law, adequate meeting of service requirements and necessary training or retraining. B. Each employee shall exercise choice of tours from the posted master list of tours in accordance with seniority. C. Tours will generally consist of two (2) four-hour sessions; however, there will be situations requiring sessions of three (3) hours and five (5) hours and/or three and one-half (3 1/2) hours and four and one-half (4 1/2) hours, separated by a lunch period of not less than one-half (1/2) hour or more than four (4) hours except for employees who work on night tours falling wholly between 9:00 p.m. and 8:00 a.m. Where no lunch period is provided during the tour, the tour will be considered as consisting of two (2) four-hour sessions. D. Once a schedule assignment is complete, no change shall be made in the assignment until the next selection period except where the Company finds it necessary for service requirements to revise the schedule in less than one (1) week. E. An employee returning from leave of absence, or lay-off or coming in by transfer, or employees who have their service bridged following the selection of tours, shall be granted choice of tours in accordance with their seniority at the next revision of the schedule or selection as stated in paragraph 1. of this section. F. Insofar as service requirements permit, the Company shall assign tours within the work group in accordance with preference of employees in the order of their seniority except that seniority shall not entitle any employee to select a tour assigned by the Company to an operator having less than six (6) months service. G. Employees with at least thirteen (13) weeks of service shall be allowed to choose night tours in order of seniority except that the operator in charge must have at least twelve (12) months of service. H. Operator Services shall follow the procedures outlined in paragraphs 1, 2, 3, 4 and 5 of this paragraph H. in the assignment of tours of operating room forces. 1. At the time of posting the master list of tours, the Company shall also post for each work group the names and seniority dates for all employees. An employee who will enter the work group or report to the work group when it is known in advance will be included on the list. 2. Employees who return from leave of absence or vacation or who are transferred into the work group shall be placed on the seniority list in time for a selection of tours option which may be exercised no later than noon on the first Monday following the entry into the work group. 3. Employees entering or returning to the work group who have not been assigned in the current weekly work schedule shall be assigned any available tours for the current week. 4. After the weekly schedule is posted, employees who relieve in a higher rated job shall assume the hours assigned to the person being relieved. 5. Operator Services employees shall have the same seniority rights in expressing a preference for tours on holiday, Saturday and Sunday schedules as they have in expressing a preference for tours on the weekday schedule and shall be given an opportunity to state this preference when the tour selections are made from the master list of tours. I. Employees who wish to change their preference for choice of tours may do so as follows: 1. Weekday and Saturday Tours - An employee may change his/her request for choice of tours on weekdays and Saturdays by submitting to the Manager-Operator Services a request specifying the changes desired. Such request shall be submitted no later than 5:00 p.m. on Monday of the week preceding the week in which the change is to become effective. 2. Sunday Tours - An employee may change his/her request for choice of tours on Sunday by submitting to the Manager-Operator Services a request specifying the changes desired. Such request shall be submitted no later than noon on Friday of the second week preceding the week in which the change is to become effective. 3. Holiday and Separate Schedule Tours - An employee may change his/her preference for choice of tours on holiday or other separate schedules by submitting to the Manager-Operator Services a request specifying the changes desired. Such request shall be submitted no later than noon on Tuesday of the second week preceding the week in which the change is to become effective. Section 2. Network Operations. A. Insofar as service requirements permit, the Company shall assign tours within the work group in accordance with the preference of employees in the order of their seniority no less frequently than every four (4) weeks. The Company reserves the right to make assignments as may be necessary for compliance with the law, training or retraining and to determine the particular job classification experience level, or specialized training required for the tours being assigned. 1. When scheduled Saturday day tours (falling between 7:00 a.m. - 7:00 p.m.) are required, the assignment to work on Saturday will be rotated among all qualified employees in the same group who work at the same location(s) and who normally work day tours during the week. The hours of such tours will be assigned by the Company. B. Each employee shall exercise the choice of tours from the posted schedule in accordance with seniority. C. Tours will generally consist of two (2) four-hour sessions; however, there will be situations requiring sessions of three (3) hours and five (5) hours and/or three and one-half (3 1/2) hours and four and one-half (4 1/2) hours, separated by a lunch period of not less than one-half (1/2) hour except for employees on night tours falling wholly between 4:00 p.m. and 8:00 a.m. Where no lunch period is provided during the tour, the tour will be considered as consisting of two four-hour sessions. D. Once a schedule assignment is complete, no change shall be made in the assignment until the next selection period except where the Company finds it necessary for service requirements to revise the schedule to less than four (4) weeks. For each such revision, the opportunity to exercise preference for choice of tours will be afforded. E. An employee returning from leave of absence, or layoff or coming in by transfer, or employees who have their service bridged following the selection, shall be granted choice of tours in accordance with their seniority at the next revision of the schedule or selection as provided above. F. Not more than four (4) weeks prior to the effective date of a new schedule the Company will post the schedule notice for the work group. The notice shall state the effective date of the new schedule and the date for submitting preference. 1. At the time of posting the schedule the Company shall also post for each work group the names and seniority dates, as of the date of schedule revision, for all employees. An employee who will enter the work group or report to the work group when it is known in advance will be included on the list. 2. An employee on vacation or leave of absence who is expected to return on or before the effective date of the new schedule, or an employee who has not indicated a preference will be assigned in accordance with the employee's last previously expressed preference, if such tour is available. If no preference has been expressed and the tour previously held is not available, any similar available tour will be assigned. 3. Employees who return from leave of absence or vacation or who are transferred into the work group after the effective date of the new schedule shall be placed on the seniority list immediately after the last employee who has exercised a preference. 4. Employees entering or returning to the work group who have not been assigned in the current weekly work schedule shall be assigned any available tours for the current week. 5. After the weekly schedule is posted, employees who relieve in a higher rated job shall assume the hours assigned to the person being relieved. 6. The posted schedule notice for submitting preference shall include only the names of employees who, in the judgement of the supervisor concerned, are qualified as a result of experience and training to satisfactorily perform their job assignments with minimum assistance and supervision. Only those employees whose names are so listed shall be eligible to choose tours. 7. The posted list shall not be required in work groups of less than four (4) employees. Article 16 Section 1. Transfer at Instance of Employee. A. 1. When the Company determines that it should fill a vacancy that occurs within this bargaining unit, the Company shall post upon designated bulletin boards or electronically and will notify the President of the four local unions. This notice shall state the position available, range of pay rates for that position, exchange location, name of supervisor, and qualifications required (including any tests, which must be passed in order to qualify for such position or other prerequisites for that position). Such notice shall remain posted for a period of seven (7) calendar days, and employees in this bargaining unit who desire to bid for that position should submit a job interest form (electronically or via fax), supervisory approval not required, within the seven (7) calendar day period. After the seven (7) calendar day period, the Company shall remove the posting and shall notify the successful bidder, if any, within twenty one (21) calendar days of the removal of the posting. In addition, the Company shall notify all unsuccessful bidders of the successful bidder's name and bargaining unit seniority date, if applicable. If, after a notice has been posted in accordance with this Section, the Company decides not to fill the vacancy or vacancies, all bidders shall be notified of such decision. Nothing in this Agreement is to be construed as prohibiting the Company in filling job vacancies from giving consideration to employees who do not submit requests under the provisions of paragraph A.1. Notwithstanding other provisions of this section, an employee who submits a bid or letter of request of transfer to a different and specific job location in the same job title as that held on the date of the bid or request or to a job title in which the employee is currently fully qualified and for which no further training is required, shall be given consideration equal to that given an employee who submits a bid or request for upgrading, provided that the conditions and terms of Section 2 are met. If the job cannot be filled by upgrading or transfer as provided by paragraph A.3. of this section, the Company may fill the opening from new hires. B. The Company will give consideration to requests to an equally or lower rated job and an employee who desires to be transferred should notify his/her supervisor in writing of the job title and location to which he/she desires to be transferred. A request for lateral transfer will be valid for a period of six (6) months from the date the request is first made. The Company will determine whether employees who make such requests are qualified for the job vacancy. Section 2. Conditions and Terms of Transfer at Instance of Employee. A. Consideration shall be given to the request of an employee for transfer as set forth in this article provided: (1) that it is based on good and sufficient reason as determined by management; (2) service requirements in the exchange or on the job from which the transfer is to be made will permit it; and (3) that the employee's qualifications as determined by management are such that his/her services may be profitably used in the exchange or on the job to which he/she wishes to transfer. B. An employee who wishes to return from a leave of absence to a job title formerly held by that employee shall take precedence over an employee who seeks a transfer under the provisions of Sections 1. and 2. of this article. C. Where more than one employee who is qualified, in the opinion of management, has requested a transfer to the vacancy, seniority shall prevail. D. When an employee is selected for a job vacancy and job requirements preclude his/her immediate release, the employee shall be transferred to a similar vacancy as soon as his/her replacement can be found and trained. E. When an employee is transferred to a job title having a lower wage guide, his/her rate of pay shall not be reduced if it is not above the maximum rate for the new job title. If his/her rate is above the maximum in the new job title, his/her rate shall be reduced to that maximum. F. When an employee is transferred to a job having a higher maximum rate, the employee shall suffer no reduction in pay. The value of any previous experience of the employee as related to the new assignment shall be determined solely by management. G. Where an employee has transferred pursuant to the provisions of this section, and the Company determines that such employee fails to perform his/her new job satisfactorily within ninety (90) days of the transfer, the Company may either (1) retransfer him/her to his/her former job or its equivalent if one is available, or (2) it may demote him/her to a lower rated classification if one is available, or (3) place the employee on leave of absence pending availability of a suitable job. H. Normally, an employee granted a transfer under the provisions of this article shall not be granted another transfer for a period of one (1) year [except for transfers and new hires into the Network Switching Technician, Business Services Technician, and Utility Locator classifications - eighteen (18) months]. I. Hardship transfers shall be considered on a case by case basis. They shall be for good and sufficient reasons and mutually agreed to by the local President (having jurisdiction over the job being filled) and the appropriate Company representative. Section 3. Transfer at Instance of the Company. A. When a job is to be filled by transfer to another job having the same classification among Union represented employees within the Company, the job will be offered to qualified employees in their order of seniority. In the event no one accepts the job, it shall be filled by transferring the junior employee, in the exchange from which the transfer is to be made, who is qualified. If the new principal exchange is over fifty (50) miles from the original principal exchange, then the employee is not required to accept the transfer. B. When an employee is transferred at the instance of the Company to a job title having a lower wage guide, his/her rate of pay shall not be reduced if it is not above the maximum rate for the new job title. If his/her rate is above the maximum in the new job title, his/her rate shall be reduced to that maximum. C. When an employee is transferred to a job having a higher maximum rate, the employee shall suffer no reduction in pay. The value of any previous experience of the employee as related to the new assignment shall be determined solely by management, both at the time of transfer and in the future. Section 4. Temporary Assignments. Temporary assignment of an employee to perform work in the same job classification to meet service needs at a location other than the regularly assigned work location shall not be considered as a transfer and seniority shall be observed among qualified employees. Section 5. Conditions and Terms of Transfer of Physically Disabled Employee. When an employee becomes physically unable to perform in his/her assigned job title but is able, in the opinion of management, to perform in a less physically demanding job classification, management may offer the employee employment in such job vacancy. Under such conditions the requirements of Section 1. of this article will not apply. Section 6. General. It is understood and agreed that all job vacancies for job titles listed on CWA CTT Weekly Wage Guide 9 need not be filled under the provisions of this article and that this article shall not preclude the Company from offering employment for such job vacancies.
Article 17 Section 1. Leave of Absence (Other than Military and Union). A. Insofar as service requirements permit, leaves of absence without pay for good causes and of reasonable length, will be granted to regular employees under the conditions set forth in this Article. The intention of the employee with respect to return to work shall be established in writing between the employee and the Company. 1. Leaves of absence of thirty (30) days or less (departmental leaves of absence) may be granted by the department head concerned. 2. Leaves of absence in excess of thirty (30) days (formal leaves of absence) may be granted. B. Leaves of absence without pay granted under this Article shall be in one of the following categories: Reason for Leave Service Requirements Leave Eligibility 1. School 1 Year 4 Years 2. Armed Forces Training (See Section 7) Duration of Svc. generally 6 Mos. 3. Military (See Section 7) Duration of initial service obligation 4. Personal Leave Under 2 years 6 Months 2 to 5 years 1 year Over 5 years 2 years 5. Newborn Child Care 3 Months (a) Eligibility for Leave of Absence for Care of Newborn Children Employees who have just completed a period of disability associated with childbirth and which disability period did not extend beyond three months following delivery qualify for this Leave. Employees who have not completed a disability associated with childbirth must provide satisfactory evidence of a direct association with newborn children to qualify for the Leave. "Direct association," means either children under three months of age on the day prior to the day the Leave for care of newborn children is to commence. (b) Period of Leave of Absence for Care of Newborn Children This leave may be granted for a period of up to three months. The starting date will be at the end of the disability payment period associated with childbirth, the starting date of the Leave, with the approval of the Company, will be at such time an employee who meets the eligibility requirements for such a Leave requests. (c) Reimbursement of Insurance Premiums Coverage under the companys health insurance and dental plans will be extended to employees on Leaves for Care of Newborn Children at employees expense if they were eligible for such coverage prior to going on Leave. The company shall upon application by the employee reimburse the employee for the Companys contribution to the health insurance and dental plan premiums paid by the employee for the month in which the disability began. (d) Service Credit Employees granted Leaves of Absence for care of Newborn Children shall receive service credit for the first thirty (30) days of Leave if they return to work. (e) Reinstatement from Leaves of Absence for Care of Newborn Children- Employees granted such Leaves shall be entitled to guaranteed reinstatement to the same job or one to similar status and pay three months following the date of birth of the natural or adopted child. If upon application for reinstatement prior to the end of the three month period following delivery a position of the like status and pay for which the employee is qualified is not available, reinstatement may be deferred until a position is available, but in no case shall reinstatement be deferred beyond three months following delivery. Reinstatement, as provided in this section, shall, however, be subject to force requirement adjustments which may have occurred because of technological changes which took place during the employees absence on leave. C. Miscellaneous paid absences Jury Duty and Subpoenaed Witnesses. If reasonable notice be given his/her supervisor, an employee shall suffer no loss of base pay for the time necessarily consumed in the performance of jury duty and no deductions shall be made for any amount of monies received from civil authorities. While employees will not receive pay for time missed while serving as a witness, duly subpoenaed witnesses will be allowed time off without pay; and such time off will not be counted as a chargeable occurrence under the attendance program. Quarantine. Absence due to unavoidable quarantine by the health authorities or a physician designated by the Company shall be subject to the same treatment absence due to personal illness, provided under Section 2 of this Article. 3. Deaths In the case of death in the family of an employee, excused time off with pay for scheduled time, will be granted as follows: Up to five (5) days of paid leave for a death in the immediate family, defined as: Spouse Parents (including step-parents) Child (including step-children) Sibling (including stepbrother or stepsister) Up to three (3) days for other covered relatives or household of such employee defined as: Aunt Uncle Niece Nephew Grandparent Grandchild In-law (including mother, father, son, daughter, brother, sister, grandparents) "Household of employee" includes persons who regularly make their home with the employee as a part of the family. Such time off will begin on the day of the death and may extend through the day following the funeral. The Company shall be given reasonable notice prior to intended absence or funeral leave. In no case will payment be granted in lieu of time off nor will payment be made if death and funeral occur during non-work time. If a death or funeral of a member of the employees immediate family occurs during the employees vacation, the employee will be allowed to use funeral leave and reschedule the remainder of his/her vacation if time and service requirements permit. 4. Voting. If reasonable notice be given his/her supervisor, an employee shall suffer no loss of regular pay for time necessarily consumed in voting in any federal, state, municipal, or county elections, if the polls are not open during the employees off hours, or if the employee does not have sufficient time to reach the polling place before or after his/her scheduled work hours. 5. Blood Donors. Employees who volunteer to donate blood to individuals or through the facilities of a blood collecting unit may be excused with pay for the time required to donate blood, not to exceed two (2) hours. Section 2. Family and Medical Leave It is the Companys and Unions intention that the leave policy set forth in this article comply in all respects with the Family and Medical Leave Act. Leaves of Absence without pay granted under this Section shall be in one of the following categories. A. Leave of Absence due to employee illness or accident. Regular employees whose illness or injury requires that they be absent from work are entitled to a Leave of Absence up to 12 workweeks. A medical certification shall be required to obtain or extend a medical Leave of Absence. An employee returning from a Leave of Absence for the employees illness or injury shall be required to furnish a fitness for duty statement prior to assuming his/her job duties. B. Leave to care for a newborn or newly adopted or newly placed foster child. A regular employee shall be entitled to a Leave of Absence up to 12 workweeks to care for a newborn child or to care for an adopted or foster child who has been placed with the employee. A leave for this purpose must be taken during the 12 month period beginning on the date of the birth or placement and may not be taken on an intermittent or reduced schedule basis. C. Leave of Absence to care for a spouse, parent or child with a serious health condition. Regular employees will be entitled to a Leave of Absence of up to 12 workweeks to care for their spouse, child or parent when that individual has a serious health condition. A Medical Certification shall be required to obtain a Leave of Absence for this purpose. D. Maximum duration. Leaves of Absence to care for a newborn or newly adopted/placed child and Leaves of Absence to care for a spouse, child or parent with a serious health condition, shall not exceed a total of 12 workweeks in any 12-month period either individually or aggregated with other Leaves of Absence granted pursuant to this section. E. Notice required. If the need for a family or medical leave is foreseeable, the employee must give 30 days notice to the Company. If such need is not foreseeable, the employee must give as much notice as possible. F. Pay while on leave. Employees who are on Leaves of Absence due to their own personal illness or injury may be entitled to sickness or accident benefits pursuant to Section 3. Other Leaves of Absence taken pursuant to this section will be without pay, except that if an employee has qualified for vacation pay, prior to commencing the leave, he or she shall be required to use such vacation during the Leave of Absence. Section 3. Accident and Sickness Benefit Plan A. Effective with the first payroll period beginning three months after ratification, the Company agrees to provide accident and sickness benefits for all regular employees on a non-contributory basis, provided, however, the Company reserves the right to change insurance |