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2009-2012

Contract Highlights

Ø (1) Article 6.02 – Probationary Employees (1-A)

The Company and Union agree to a 9 month probation with the potential for a 3 month extension.  Call Center employees will receive their wage progression at the completion of their initial 9 month probation period.  Exhibit A (wage schedule) classifications shall receive step progression increases according to the applicable wage schedule.

 Ø (2) Article 7-A 7.04 b – Work Schedules/Coverage – Language clean-up. (2-A)

This language for Repair was listed in the incorrect contract section. It has been corrected.  Weekend work for SAR’s (Repair) will be alternated within the workgroup.

 Ø (3) Article 7-A 7.12 d – Overtime Administration – Language clean-up. (U-4)

Removed section (d) as it was duplicated language within the contract.

 Ø (4) Article 7-A (7.14) – Subcontracting   Note will be added to the Article. (U-5)

Note:  Should an employee slated for layoff be qualified to perform cable locating work, the Company will discuss with the Union whether the employee can be efficiently utilized to perform cable locating work.  The overall cost of utilizing the employee (wages and benefits) would have to be the same or lower than the cost of contacting locating.  This arrangement would have to be operationally feasible.  This arrangement could include utilizing the employee working on a part-time basis.  

Ø (5) Article 7-B Call Center Only – Working Hours – NEW (2-A)

7.04 a (1) The following provisions apply to scheduling new hires during the three  month period after their date of hire.

 In order to assure that a sufficient number of experienced employees are available to service customers, the Company may place new employees on any scheduled shifts from Monday through Friday.  On Saturday or Sunday shifts, employees will be scheduled on a ratio of 1 new employee for every 5 more experienced employees.

 Ø (6) Article 8.6 Wage Schedule/Team Performance Bonus (2-B)

Changing from Districts to State wide objectives.

Changing from semi-annual to annual payout.

Max payout increases from 1% to 1.5% in 2010 & 2011

The guaranteed payout has changed from 75% to 50%.

The maximum payout has changed from 125% to 135%.

Ø (7) Article 8.10 g – Coordinator Differentials (U-11)

g. The Company shall provide written notification to the Union’s President (or his or her designee) listing the name(s) of employees who are appointed as Coordinator(s) as well as the specific dates pertaining to the duration of each appointment.

 

Ø (8) Article 13.01 Holidays.  (1-B/U15) All holidays remain the same, however online Sales and Service Specialists will receive a floating holiday in lieu of the Day after Thanksgiving in order to adequately staff the Call Centers and remain competitive.  The Company will allow 20% to use their floating holiday or PTO for this day only. This is 10% more than the normal allowance of 10%.

 

Ø (9) Article 14A & B – 14.03 a (i) Operations and Call Center – PTO Pay (1-C)

a.       PTO time accrual changes during time off due to the following:

i.                   Occupational accidents-(s) but only for the first 180 days of such absence. not in excess of one year.

 Ø (10) Articles 14.04 a & 14.05 Operations & Call Center– Carryover of PTO. (1-C)

Beginning in 2010, up to 5 days of PTO may be carried over if it is PTO that was waitlisted by an employee for any of the 7 calendar days preceding or following December 25th if the employee was among the top 3 on the waitlist for groups of 8 or more, or the top listed employee for groups fewer than 8, and the employee’s request for time off was not granted. .Otherwise, unused PTO will be forfeited at the conclusion of the calendar year.  Up to five (5) days of PTO may be carried over to the next calendar year. Hours in excess of forty (40) that are not used by December 31st of that year will be forfeited. 

Ø (11) Article 14A & B - NEW – Borrowing of PTO. (1-C)

Beginning in 2010, with Company approval, an employee with 5 or more years of service may borrow up to 5 days of PTO from the following year.  Borrowed PTO may only be used for STD absences occurring late in the year (Oct, Nov, Dec).

 Ø (12) Articles 14A & B 14.06 & 14.07 New - PTO Scheduling: Canceling PTO

(1-C)

h. Requests to cancel PTO must normally be made at least 48 hours before the scheduled start time of the PTO and the approval of such requests is subject to the needs of the business.  Where it is in the mutual interests of the Company and an employee or employees, the 48 hour notice requirement may be waived.

 Ø  (13) Article 14B - PTO-Call Center only. Deleting section 14.07(f) regarding employees with 29 or more days of PTO. (1-C)

f.        Employees who have twenty-nine (29) or more PTO days allocated per year are required to schedule one (1) week (5 days) of PTO during the period January 1 to May 30th annually.  The five (5) days may be scheduled individually or in a one (1) week block.

 Ø (14) Article 14A – New (i) Operations only (Current Call Center language)

Canceling Full Weeks of PTO (1-C)

When an employee has successfully bid for a given week of PTO, and then seeks to cancel any days in that PTO week, the employee may cancel the entire week of PTO and take day-at-a-time PTO only if the employee had to unavoidably cancel the day or days due to prior unplanned absence.  Otherwise, the entire week will be cancelled and the employee can request to take day-at-a-time PTO.  If the Company maintains a waitlist of weeks or days of PTO, first the week and then the days will be granted according to the waitlist.

 Ø (15) Article 14A – Operations – 14.09 New allowance of 2 Emergency PTO days for Dispatch and Assignments. (U-16) 

Emergency PTO days are intended to be used only for unplanned absences due to serious illness, personal or family emergencies, and other matters of a critical unforeseen or unavoidable nature that make time off essential.

Ø (16) Article 14 B – Call Center PTO Accrual 14.01 (1-D)

No change to the PTO accrual rate for existing employees. 

Accrual will be as of the 16th of the month.(This was previously set at 86 hours)

Call Center employees hired June 1, 2009 or after will accrue as follows:

<5 years          15 days

5-14 yrs           20 days

15-24 yrs         25 days

25+ yrs            30 days

Part-time employees will accrue at a rate of 50% of a full-time employee.  Any part-time employee working less than 20 hours per week will not be PTO eligible.

New hires will only be allowed to use accrued PTO prior to completing one year of service with the Company.

 Ø (17) Article 15.02 - Equal Seniority (U-17)

 For employees hired on or after June 1, 2006, should two or more employees’ dates of hire and interview dates and times be the same or cannot be determined, the last four numbers of the employees’ social security numbers will determine seniority in descending order, (that is, the higher the number, the greater the seniority for the purposes of this “tie-breaking” process).

 Ø (18) Article 17.01 c – Job Vacancies & Bidding - Deleting section 17.01 (g.)

g.      On a case by case basis, when an employee is within six (6) months of having satisfactorily completed any type of disciplinary action (which includes the Decision Making Leave (DML), the employee is not eligible to bid on, or transfer into, another position.  Exceptions may apply when the deficient skill or performance is not required in the new position.  

 

Ø (19) Article 17 – Job Vacancies and Bidding (1-E)

Trial period in a new position, after a transfer, changes from 90 days to 60 days.  Employees will have 60 days to return to their previous position by mutual agreement.  The Company will hold the employees’ prior job for up to 90 days (previously was 180 days) when business needs permit.

Ø (20) Article 18.01 a & b – Excused Absences, Bereavement Leave (U-19)

The first sentence in the first & second paragraphs has been changed to read…

Three days of paid bereavement leave may shall be granted to a regular (full or part-time) employee who has suffered the loss of an immediate family member, unless an employee requests a shorter leave.

           

In the second paragraph, a change was made to add the following language…

This day will only be granted for the day of the extended family member’s funeral or other service, or to use for long distance travel to attend the funeral or other service.  For purposes of this section, “long distance” travel is round trip travel reasonably expected to exceed 4 hours.

             In section (b) step-children were added in the definition of Immediate Family.

 

Ø  (21) Article 22.06 f – Force Adjustments   Language clean-up (U-22)

For the purpose of this article, Sales and Service Specialists Consultants in Tiers I and II shall be considered one group. Metro and outstate job classifications which are the same will be considered as one group for the purpose of lay-off and recall.  Differences in the wage scales will not be applicable.

 Ø (22) Article 26.04 – Union Activity - Orientation.  (U-24)

Previous language allowed 30 minutes for Union orientation meetings.  This time frame has been extended to 60 minutes, which has been common practice.

 Ø (23) Article 30 – Short-Term Disability/Long-Term Disability. (4-C)

Previously the use of STD was available for 90 days.  LTD kicked in at the 91st day.  Now STD will run thru the 180th day.  The 181st day will be LTD. 

STD is paid as follows (same as current)

6th thru 30th day …100%

31st thru 90th day…75%

(New) 91st thru 180th day…67%  (This is the rate it used to be paid at in LTD.)

 Ø (24) Article 31.03 & 31.09 – Return to Work – Wage Placement (4-D)

Language in 31.09 was deleted and moved to 31.03 e ( i and iii).

i. An employee returning to his same job shall be reinstated at his prior wage schedule and wage step on the same basis as if the employee had not been on a leave.  If the employee returns to a different job, he will be placed on the wage scale at a step which is commensurate with the employee’s ability to perform the job.

 iii. Second paragraph – first sentence only was changed.  The remainder of the   paragraph will stay as is.  Changed to read… Until the employee demonstrates that he is fully able to perform the major responsibilities of the job, including the physical responsibilities, the employee will be placed on the new wage scale at a step which is commensurate with the employee’s ability to perform the job. the wage step at the mid-point of the new wage schedule, or at the employee’s former wage step of the new wage schedule, whichever is lower.

Ø  (25) Article 32 – Dress Code (1-F) Article includes new Uniform language. 

New sentence added 32.01 3rd paragraph.  For such “customer facing” employees, see the Employee Image Policy and Standards in Section 32.02 of this Article.  (If you want to see the Image Policy, contact a Bargaining Committee member)

32.01 b – Added “Retail Employees”

32.01 b (1) Uniforms will be provided to employees who have face-to-face contact with our customers.  Company-provided uniforms must be worn during scheduled hours.  Uniforms shirts and jackets will include identification of CWA 7270.  At the Company’s option, Company-provided uniforms will either be laundered at the Company’s expanse or employees will be provided with a laundry allowance of $20.00 per month.

 Ø (26) MOA – Emergency PTO Days (U-30) (Deleted, not relevant)

 Ø (27) MOA – Special Treatment of Employees in the Service Assurance (U-32) Representative (Repair) Classification – (Deleted, not relevant)

Ø (28) MOA – One Time Commission Guarantee for Calendar Year 2007 (U-34)  (Deleted, not relevant)

Ø (29) MOA – Discussion Forum on Sales Objectives and Commissions (U-35)  This agreement will be maintained and updated as follows…

The discussions will be conducted twice per year instead of once per quarter.

The discussions will include Call Center Management.  The Senior VP/General Manager – Call Center Sales & Service will attend at least 1 (previously was 2) meetings per year. The first meeting will be held during the 3rd quarter of 2009.

Ø (30) MOA – Maximizing Sales Opportunities (Operations) (U-36)

(Deleted, the job responsibilities regarding sales are understood.)

 

Ø (31- Based on #30) MOA – (New) Training for Operations Employees

In offering training opportunities within a work group, the Company will seek to solicit volunteers where consistent with operational needs, and considerations involving efficiency, cost, and competitiveness.  In such case, volunteers will be considered in seniority order, but selection decisions will ultimately be made by the Company.  Upon request, the involved manager will explain his or her training decisions.

 Ø (32) MOA – Payment of “Penalty” for Late 401(k) Contributions – (U-37) (Retaining MOA)

 Ø (33) MOA – Frontier Call Center Consolidation Initiative – (U-38)

(Retaining MOA, updated with dates of the new agreement)

 Ø (34) MOA – Contractual Provisions to Repair Center or Repair Employees (U-39)

(Deleting MOA, not relevant)

 Ø (35) MOA – Call Center Vacancies – New (U-29)

The Company will post job vacancies in accordance with Article 17 covering the following work groups:

 Inbound (online) Residential or Commercial

DST Residential

Save Residential

Activation Specialist

Inbound Repair/Collections

Circuit Repair

Enterprise Business (also called “OPS”)

Enterprise Sales (Includes Support & Circuits)

 The Company maintains the right to merge or eliminate call center functional work groups.  They will also notify the Union when establishing new functional work groups.

Ø (36) MOA – Joint Health Care Committee (U-40)

(Retaining MOA with modification to meet once, versus twice, per year.)

 Ø (37) MOA – Voluntary Terminations During a Layoff  (U-41)

First sentence, changed date for new contractual term.

Under number #1, an additional sentence was added to read…

By mutual agreement on a case-by-case basis, the requirement that the volunteer have the same “primary function designation” may be waived.

 

Ø (38) MOA – Employee Evaluations - New

This MOA addresses what constitutes “a satisfactory or above performance evaluation” for purposes of Article 17.01 (b)(ii).  Article 17.01 (b)(ii) says you have to have a satisfactory or above performance evaluation for a job transfer, but it didn’t define “satisfactory”.  This MOA clears up any misunderstanding as it pertains to that language.  The Company has assigned the levels as such…

 

1.      Unsatisfactory. Does not meet requirements.

 

2.      Threshold. Some improvement is needed to fully meet requirements.  Requires greater than normal supervision & coaching.

 

3.      Effective.  Fully meets requirements on a regular basis.  A solid contributor.

 

4.      Very Effective.  Meets all & exceeds some requirements.  A strong & consistent performer.

 

5.      Distinguished.  Consistently exceeds requirements.  A    

role model for others.

 

An overall performance rating of 2.70 or higher in the most recent year prior to the job bid will be considered “a satisfactory or above performance evaluation”.    

If no applicants have a rating of 2.70 or higher, an employee with the highest score under 2.70, (but 2.0 or higher) shall be considered for the position.

  

Ø (39) MOA – Work At Home – New (1-G)

·         Eligibility—The Company will determine the number of employees that will be able to participate.  The ratio of Work-At-Home Agents to Sales and Service Specialists may not exceed one WAH for every five S&S Specialists.

 

·         Selection of Employees – A WAH vacancy will be filled in accordance with Article 17 (Job Posting & Bidding).  The Company will consider a S&S Specialist to be additionally qualified based on the number of times they have maintained Gold or Silver earning levels during the previous 4 calendar quarters preceding the date of selection.

Before removing an employee from the WAH program, the Company will discuss the reasons for the change with the Union and the employee will receive 7 calendars days notice.

  

·       Home Office Requirements – Adequate space with privacy, sufficient electric power & outlets.  A room free of distractions with a door for privacy and free of noise.  Good lighting, temperature control, and appropriate chair.  A sturdy desk or table with room for phone.  Work area free from safety hazards.  High speed internet access.  No deed, lease, condominium, or co-op restrictions that would be violated by WAH.  Frontier High Speed Internet; employees who live outside the Frontier service area or cannot receive Frontier’s service may have the service provided by another carrier.

·       Equipment Expenses – The Company will provide employees with a one-time allowance of $150 for purchasing a chair and/or work station and bear the cost of the equipment & services it determines are needed to perform the duties.  Company provided equipment remains the property of the Company.

·       Schedule Adherence – Same as if the employee was working at the brick and mortar location.

·       Equipment Malfunction – Employees must immediately inform supervision of the malfunction of any equipment.  The employee will be given 2 hours to report to the brick and mortar location to complete their scheduled shift.

·       Reporting to Locations Other Than Residence – Employees will be given 48 hours advance notice to report to the brick and mortar location for such things as meetings, training, etc.  The WAH Agents will be required to report to the brick and mortar location at least two days per calendar month for training, coaching, taking calls, or any other purpose designated by the Company.  This requirement may be waived by mutual agreement between the Company and the Union.

·       Supervisory Evaluation & Oversight – Supervisors will use the same methods & tools as are used in brick & mortar locations to monitor & evaluate employee performance.  WAH agents will not be held to a higher standard.

 Supervisors will maintain contact with employees through telephone, electronic, or other messaging & home visits during scheduled work hours may be conducted.

 Any and all discipline meetings shall be conducted at the brick & mortar location with Union representation unless the employee declines.

 ·       Termination of Program – The Company may terminate the work-at-home arrangements at any time with 30 days notice to the affected employees & the Union.

  

Ø (40) MOA – Pro-Resource Program.  New

Effective 6/1/2009 the Pro-Resource Program will be administered as follows:

 §  Participant must be retired for at least 6 months.

 §  Participants will not receive any benefits, except PTO.

 §  Participants may be eligible for promotional programs at the Company’s discretion.

 §  Participant will maintain retiree benefits (pension, healthcare, etc.)

 §  Participants will provided all necessary tools or equipment to perform the work.

 §  Participants will be eligible to work under this program for no more than 6 months per incident.

 §  Retirees are not eligible for ‘Pay for Performance’.

 §  Participants will accrue PTO as defined in the contract for new hires.  A retiree brought back under this program must work at least one month in order to accrue PTO.  Any accrued but unused PTO will be paid out at the end of the assignment.

 §  Wages: Participants will receive wages two (2) steps below top step if they return within 12 months of retirement; between13-24 months, three (3) steps below top; between 25-36 months, four (4) steps below top. 

Ø (41)     FURLOUGH DAYS:

Employees will not be required to take unpaid days off.

 

Company guarantees no layoffs during 2009.

 

In lieu of unpaid days off, the 2009 3% 401k Company contribution will be withheld.

 

The 2009 wage increase is deferred to January 2010

.

Employees who may retiree in 2009 will be figured into the cost factors needed to meet the furlough day requirement.  Two (2) members have retired since April and are already figured into the equation. Additional members that choose to take retirement, and whose positions are not backfilled, will also be added into the equation. Cost savings to the Company by members choosing retirement will be divided equally for all CWA Local 7270 members and the monies will be put back into the 401K.

 

Ø (42) Article 29-Benefits:  Wages, 401K, Healthcare, Pension, Ratification Bonus

HEALTH CARE

·         No Premium increase in 2010 & 2011.  1% premium increase in 2012.

Co-pays:

·         No co-pay increases for office visits in 2010.  $5.00 increase in 2011.  No additional increase for 2012.

·         Advanced Diagnostic (MRI, Ct-scan, etc) & In Patient Hospital. 10% coinsurance - employee, 90% coinsurance - Company

·         Annual OOP Max $1500/$3000

·         Prescriptions: 30 day supply –

Generic, no change. 

Formulary, no change in 2010 & 2011.  $5.00 increase in 2012.

Non-Formulary, no change in 2010 & 2011.  $5.00 increase in 2012.

Other Drugs, no change in 2010 & 2011.  $5.00 increase in 2012.

 

Prescriptions: 90 day mail order supply –

Generic, no change in 2010 & 2011.  $7.50 increase in 2012.

Formulary, no change in 2010 & 2011.  $25.00 increase in 2012.

Non-Formulary, no change in 2010 & 2011.  $32.50 increase in 2012.

Other Drugs, no change in 2010 & 2011.  $37.50 increase in 2012.

 

·         Chiropractic care.  Limit increase from $800 to $1000.

·         Wellness Care.  No limit.  (includes Colonoscopy)

·         Vision. Change to new provider with increased coverage.

Premiums percents are currently at 78/22.  Changing to 75/25 in 2010.

·         Dental. Currently at 78/22.  Will change to 75/25 in 2010.

·         Un-used Flex credits: Currently 50%.  Changing to 25% in 2009.

 

 

 

401K

·         Fixed contribution:  Employees hired 6/1/09 or prior are 100% vested.  Employees hired after 6/1/09 will have a new 5 year vesting schedule.

Less than 2 years – 0

2 yrs of svc – 40%

3 yrs of svc - 60%

4 yrs of svc – 80%

5 yrs of svc – 100%

 

         

PENSION ENHANCEMENT

One time 2009 Pension Enhancement Incentive.

 

Eligibility—Any employee who is eligible to retire with a frozen service pension.

Enhancement – 4 years of service would be added to their Credited Service Pension benefit calculation to all eligible employees. (This does not change an employee’s age.)

Medical Coverage – Those grandfathered in the contract are eligible for Retiree Medical coverage.  Those not grandfathered for Retiree Medical coverage are eligible to continue his or her medical coverage under COBRA for 18 months.

 

How the Window Would Work –

·         Employees would receive a pension enhancement package providing the base-line pension annuity benefit & the enhanced pension annuity benefit for comparison.  Medical rates & program information will also be included.

·         From July 1st, employees would advise the Company of their desire to retire & their preferred retirement date.

·         After July 31st, the decision to retire could not be revoked.

·         Applicants would be selected in seniority order, except that the Company could “cap” the number of acceptances to 20 employees.

·         After August 15th, the Company would specify the date of retirement for each accepted applicant, based on the needs of the business.

·         The latest retirement date would be no later than December 31, 2009.  In setting retirement dates, employees’ stated preferences would be considered.

 

 

Pension Plan – effective July 1, 2009, the Spousal Annuity can be waived.

 

WAGES-  See a Steward for wage increase information

$200.00 signing bonus for each CWA Local 7270 member provided the agreement is ratified.

 


 

CWA Local 7270 Bargaining Committee


Denise Rother     Carson Turnquist

Todd Thraen        Karen Kiser

Contract Change Proposal Form

Full Name:
E-mail Address:
Phone:
 

Please put your proposal, comments or questions in the box below.

 


 

 

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