ATT SE Ratification - Second Tentative Agreement

TO: AT&T SE MEMBERS

FROM: Judy Dennis, CWA District Vice President

RE: ATT SE Ratification – Second Tentative Agreement

CWA has a proud democratic tradition and for this reason I encourage all members to vote according to their convictions concerning the ratification of the current Tentative Agreement (“TA”). Consistent with this tradition, I think that every member is entitled to make up his or her own mind based on accurate information. There are those out there who are seeking to defeat the TA based on distortions, misrepresentations, and in some cases information that is just wrong! We are all entitled to our own opinions, but no one is entitled to make up their own facts.

Two Local Presidents have recently circulated messages to their members and other Locals about the TA that are so inaccurate that I cannot let them pass without setting the record straight. Below are copies of their claims about the TA followed by the actual facts. Please read and make up your own mind based on the facts. Your future and the future of your family are riding on this vote.

EXCERPT FROM LOCAL 3204 WEBSITE WITH CORRECTIONS NOTED IN BRACKETS:

YOUR HEALTHCARE COST ARE EXCEEDING YOUR RATE OF PAY!

EXAMPLE: BY 2015 UNDER THE PROPOSED TA INDIVIDUAL PREMIUMS WILL BE $161 WHILE FAMILY DEDUCTIBLES WILL BE MORE THAN DOUBLE!

[This is false. Deductibles will not double, much less “more than double”. Network deductibles will increase from: Individual-$350 to $500, Family- $700 to $1,000.]

COVERAGES WILL OFFER LESS AND LESS DRIVING UP THE COST TO OUR MEMBERS!

[This is false. The Healthcare package is no less coverage than the previous package.In fact, there are improvements to Dental and Vision plans.]

 • NO LANGUAGE PROTECTING JOBS FOR SERVICE REPS, MA’S, FAS’S AND ALL NETWORK TECHNICIAN TITLES.

 [This is false. Although we have never had language protecting non-network titles, we maintained all protections in Article 14 which covers all network technicians’ work beyond the customer side of the Network Interface Device.]

 • ONLY 10 DAYS OF PAID SICK TIME ANNUALLY. IF YOU ARE OUT MORE THAN 10 DAYS FOR ANY REASON YOU WILL NOT GET PAID!

[This is false. The changes to sickness payments prior to eligibility for Short Term Disability eliminated waiting periods for employees with 3 years to less than 8 years, and changed the unpaid waiting period for those with prior to 3 years to 2 days. Previously, employees with service prior to 2 years were not paid for any sickness days. Maximum sickness paid days in a calendar year range from 5 days for employees with less than 3 years of service to unlimited days for those with 25 years and over. Additionally, an employee who has exhausted their current year maximum paid days of personal absence or will exhaust their current maximum paid days of personal illness leading up to an approved disability WILL be paid for the otherwise unpaid personal illness days leading up to the approved disability once during the life of the Agreement.]

• NO MORE DOUBLE OVERTIME OR OVERTIME AFTER WORKING PAST AN 8 HOUR DAY. YOU WILL ONLY GET TIME AND A HALF AFTER 40 HOURS!

[This is false. There are no changes in overtime pay or double time pay. Although the Company attempted to eliminate the Sunday rate of 1-1/2 pay and move the threshold for double time pay to 60 hours, that proposal was rejected, then withdrawn. The TA actually makes an improvement in the double time threshold by including penalty pay as 4 hours worked when determining the equivalent of 5 normal tours in computing weekly overtime.]

• MINUTE FOR MINUTE TIME REPORTING. INSTEAD OF BEING AWARDED OVERTIME IN 15 MINUTE INCREMENTS YOU WILL ONLY GET THE MINUTES YOU WORK OVER I.E. 4 MINUTES WILL BE 4 MINUTES INSTEAD OF 15. THAT WILL ALSO APPLY TO TARDINESS. FOR YOU WAGE SCALE 30 FOLKS IT WILL COST YOU .50 A MINUTE.

[The Company had the legal right to change their time reporting increments without the Union’s consent as long as they comply with the law, and had advised the Union they intended to implement the new system. We were able to retain 3 letters they had no intention of renewing (JLL, JOG, SLL-Partnership Job Bank rights) as well as negotiating to retain our Partnership appointed position for this agreement. We got substantial benefits for something the Company could do anyway.]

• EXPANDED CONTRACTOR USE; “THE COMPANY DOES USE CONTRACTORS AS IT DEEMS NECESSARY.”

[This is false. We fully protected Article 14 with absolutely no changes to any of the language. In addition we secured a letter regarding “contractors performing work on the customer premises when there are Company employees qualified and available to perform that same work”; the letter goes on to state “the Company recognized the CWA’s concern and also desires to utilize Company forces” and “the Company will strive to use bargaining unit employees to perform customer premise work currently performed by contractors, such as installing broadband DSL”. There is no legal protection regarding work on the customer side of the NID since divestiture, but this letter addresses the Ecocom contracted work that has been an issue for years and certainly does not qualify as “expanded contractor use” – in fact this is an improvement.]

• AN ADDENDUM THAT OVER-RIDES THE CORE CONTRACT VIRTUALLY WIPING OUT ALL ECONOMIC AND EMPLOYMENT PROTECTIONS FOR ALL TECHNICIANS.

[This is false. The Network Addendum-UFO applies to Wire Technicians only and does not apply to core technicians or any other core job. To the contrary, there are comprehensive economic wage and economic work rule protections that will apply to ANY title in the core contract that should move to the UFO as a result of surplus.]

• EXPANDED ASSIGNED JOB DUTIES GIVING HIGHER WAGE SCALE EMPLOYEES JOB RESPONSIBILITIES TO LOWER WAGE SCALE WORKERS CLEARING THE WAY FOR MASSIVE PAYROLL DEDUCTIONS. DIFFERENT WAGE SCALE CLASSIFICATIONS WILL NOT PROTECT YOUR JOB!

[This is false. Expanded job duties were provided in return for upgrading the ST and OPT titles to the new Wage Scale 31 with a significant wage increase. The expanded job duties are clearly described and do not include any work that is qualified for a higher rated job differential; any WS 31 who performs work on fiber cable, air pressure or lead cable will still be eligible for a WS 32 differential.]

• NO RESTRICTIONS ON CLOSING OR MOVING CENTERS.

[This is misleading. There have been no previous contracts containing restrictions on closing or moving centers, however Article 7 still provides the process in the event either of those occurs.]

Example would be: Article 18 is not included, so that means there is no time limits on how long entries stay in your personnel records. Also Article 18 gives our members the right to request and inspect “there” personnel records.

[Article 18 in the Core agreement did not change, nor did any other provision of the Core agreement, as a result of the Network Addendum-UFO. While the Addendum does not contain Article 18, Article 21 is included and gives the Union the right to request personnel records with authorization from an employee. Also, the Company’s disciplinary policy follows the language in Article 18 regarding discipline entries and length of retention. This is just like it works for the Legacy T bargaining unit.]

As the AT&T continue to grow that side of the company, soon they will need customer service reps, MA's, FAS's, and many of the other titles other than ST’s, OPT’s, and FT’s that are currently protected by the core contract. As they continue to lay our members off, jobs will start opening in that UFO Addendum side of the contract. Once you find yourself in that Addendum, you will quickly find out how much you miss being in the core contract. So don't look at the UFO Addendum as if it's for Prem Techs only. They deserve better and so do we. Insurance premiums are going up after the company announced record profits in 2011.

[This is speculation, and is not supported by the experience in other District that have Prem Techs that have spanned three (3) bargaining cycles. Moreover, Article 15 of the core contract also applies to the UFO Addendum which gives us a right to bargain wages and work schedules any new jobs that might be created in the future.]

Article 1.04 states that when a conflict arise between the UFO and the core contract, the provisions of the UFO will prevail. Why would we want something so new to take precedence over a contract we have had for years.

[This is a distortion of Section 1.04 which states “Where conflicts may exist or arise between provisions of the Network Addendum-UFO and those of the above referenced provisions of the BST Agreement, the provisions of the Network Addendum-UFO will prevail”. The “above referenced provisions” (Articles 1.10,11.02,15,16,17,20,21,22,23,25,26,27,28, 29, 30, 31, Appendix A Part I, Appendix A Part II, Appendix B Part I and the Benefits Agreement) are not addressed in the Network Addendum-UFO, with the one exception of Article 16 (Section 7.01) and leave no room for “conflicts” – Core language will prevail.]

4.09 talks about your job title not meaning anything. And they can assign you what ever work they choose.

[The Company has always been able to assign work as long as members are provided the correct pay, benefits, and work rules. Nothing has changed here.]

4.13 give the company the right to use contractors to do Prem Tech work inside the customer premise.

[This is false. The United States vs. AT&T antitrust suit and resulting Modified Final Judgment gave anyone the right to work on the customer premise side of the NID. Section 4.13 simply clarifies that in the event contractors are used in the UFO they may only perform work on the customer side of the Network Interface Device. This reaffirms our exclusive work jurisdiction under Article 14.]

13.01 Read that one yourself and tell me why we should vote yes on a contract that states what CWA will not do!! We are in business to represent our members and not be told by the company when we can and can’t represent them

[This is inaccurate. The intent of Section 13.01 is to assure that CWA will not use the language in the Network Addendum-UFO in any pleading or complaint against the Company because the Premises Technicians were certified as a separate bargaining unit. This Section does not have any impact on any other complaints or pleadings not associated with the Network Addendum-UFO. Section 13.01 does not address Union representation.]

EXCERPTS FROM LOCAL 3407 CONCERNING TA WITH CORRECTIONS IN BRACKETS

REASONS WHY YOU SHOULD VOTE NO!!

[…]

• If you are in a surplus and have to bump a junior wire tech you will still have to meet satisfactory job performance and attendance, not to mention if you are an OPT you will still have to pass the interview. Yet if there is a vacancy none of these requirements are necessary.(I don’t get it either go figure)

[Under all previous Working Agreements you cannot bump outside your Organizational Unit. That has not changed however there are additional options for surplus OPTs and STs to displace a Wire Tech after they have exhausted all of their Article 7 options. All employees will still have a JOG option.]

• Once in the addendum forget about raises you will stay at whatever pay you are at until the wire tech pay exceeds your current pay, which will equate to never. (reminder healthcare cost will keep increasing while your pay stays the same)

[Currently, if you are surplus and cannot be placed under Article 7 or JOG into another job you are separated from the Company. The TA gives you a place to land, other than hitting the street, with core work rules and pay protection for the life of the contract. In the other Districts, few cases where ST’s have bumped into Prem Tech jobs, their pay protection has continued in each successive contract. ]

• At the end of this contract they will have to renegotiate the few core protections that followed you into this addendum if unsuccessful then guess what no more refusal of overtime you will now be the property of the UFO in whole meaning no overtime rules, no guaranteed 40 hour work weeks, you will only be guaranteed one weekend off a month, forget about double time it no longer exists, night differentials forget them to unless 50% of your tour falls between 7:00PM and 7:00AM, and let me introduce you to the split tours that the company at their discretion may put you on.

[No Agreements are ever negotiated past the expiration of a contract. However, in other Districts CWA has been successful in retaining negotiated protections for the relatively small number of Core employees moving to the UFO in their Agreements which have been ratified more than once.]

• If any conflicts arise between this addendum and the BST core contract this UFO addendum shall prevail.

[The potential conflicts this language addresses are issues that are not listed as Core protections. Negotiated Core economic work rules and wage protections will prevail – they are not subject to dispute.]

• Just read the addendum and see how many times it states at the discretion of the company or at the discretion to the management. (like how long an entry stays in your records, yep at the discretion of the manager)

[Entry retention is not addressed in the Network Addendum-UFO which is also the case in the Legacy T contract, however this issue is addressed in the Company’s Discipline Policy and mirrors Article 18 language. Nothing in Article 18 or any other provision of the Core agreement will be changed by the Network Addendum-UFO.]

• Let’s talk vacation in this grand addendum the company has the discretion to place you on up to a week worth of your vacation.

[The Company does have the right to schedule one week of vacation with 30 days advance notice. This changes nothing in the Core agreement.]

• When it is necessary to fill a vacancy in the UFO the company doesn’t have to hire from within the company first they can go straight to the streets to fill.

[For many years contract language has defined entrance level jobs, including OPT and FT, and states “the Company will give consideration to employees who have valid requests on file…” and “decisions in the filling of any jobs listed in “1” above are subject to the grievance procedure but not arbitration”. This language represents no change from existing language.]

• Forget about article 7 rights in the UFO it’s at the companies discretion if they will allow you to follow your work and get this you’ll only get a two weeks’ notice before you are laid off.

[Any surplus employee who claims a job in the UFO will retain their Article 7.01k rights as well as their BST JOG rights.]

• The most termination pay you will get is a 4 weeks severance package.

[This language applies to current Wire Techs and represents an improvement over what they currently have. Surplus employees who claim a job in the UFO will retain their Article 7.01F rights.]

• If all this hasn’t spelled it out clearly for you if we have this addendum ratified into our contract, this addendum will be our future contract. (Read it all 22 pages of ii if you still have any doubt!)

[Other Districts have had Prem Techs as part of an addendum for three contract cycles and their Core agreements are still in effect.]

• As long as the wire tech’s scope of work allows them to work on drops and do cross connects then all other outside jobs are in jeopardy.

[The Wire Tech scope of work specifically excludes them from performing any and all functions in the network with the sole exceptions of the cross connect, drop and the NID. They cannot perform work on cable (including changing pairs) DLC, CO, fiber of any kind and POTS DSL installation and maintenance.]

• They still have not addressed not having a successor ship clause in the case we are bought by another company.

[We have never had a successor clause in any Agreement]

• Nothing was done to give us ALL job security..

[There are unprecedented gains in job security in this contract, including a one-year no-layoff agreement for ST’s and OPT’s. No contract ever guarantees all jobs will be safe for the life of an agreement, however all members are offered a JOG opportunity in the event of a surplus. We also improved JOG to cover employees who did not have the opportunity to claim a job prior to this contract.]

• Don’t forget even though they managed to do away with the healthcare double deductible for 2013, you will still be paying more than twice as much a month in premiums by the end of the contract and have higher deductibles than you have now.

[The benefit plan is among the best in the Country. Yes, we will pay more of the cost for benefits, but relative to other employee cost shares in both the represented and non-represented national work force our costs will be much lower and our coverages will be much better]

• Service techs are still getting a wage scale upgrade but not as high as with the first TA.

[The ST and OPT upgrade is a significant economic gain for those employees.]

• Still no Improvements to the leverage title.

[This is false. All Consumer titles can now schedule two flexible VP days in one hour or more increments and also can designate an additional Flexible Excused Work Day.]

• Nothing was done on the vacation accrual issue from the first TA.

[There were no changes to vacation accrual. The only change was concerning payment in lieu of vacation when leaving the service of the Company. There were no changes to payment if you retire, are surplus (any force adjustment, i.e. PMR, SIPP, etc.) or in the event of death.]

• They have changed nothing with these new sick time guidelines; hope you don’t ever have a rash of illness because you may not get paid for all of it.

[The decision to negotiate sick pay with the Company was based solely around job security. The Company has moved work from the bargaining unit to contractors in other regions due to attendance issues. Upon ratification of the 2009 Agreement, Consumer had 4,193 represented employees; as of July 30, 2012 there are 2,129 employees in Consumer.]

• As a wage scale 31 Service tech you will be required to do some FT work which is a wage scale 32 job, just another way for the company to lower the working wage of its employees.

[STs will be well compensated for the additional job duties that may be assigned to them, which exclude fiber cable splicing and pressurized cable and there is no change in differential payment definitions that still separate the new WS31 and WS32 work.]

• That one year no layoffs for OPTs and STs has since been reduced to about 8months since they were not successful in getting it pushed forward to ratification it will still end in August of 2013 and still only applies to these two titles only!

[The no layoff language for OPTs and STs is unprecedented in any of our past agreements. Although the Bargaining Team attempted to include all titles, we were not interested in paying for that by eliminating Article 14. Preserving Article 14 was the top priority identified by the Bargaining Task Force, which received input on this from both outside and inside job titles. Article 14 remains in tact, with no changes!]

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