Qwest
1801 California Street Room 4590
Denver, Colorado 80202
Office (303) 896-3767
FAX (303) 294-3995
Michael G. Lynch
Director – HR & Labor Relations
Corporate Relations
October 18, 2010
Brenda Roberts
Administrative Director to the Vice President
Communications Workers of America, District 7
8085 East Prentice Avenue
Greenwood Village, Colorado 80111-2745
RE: MEMORANDUM OF UNDERSTANDING – SETTLEMENT PACKAGE
Dear Brenda:
There has been much discussion regarding several issues, some of which are disputes between the parties where CWA has filed grievances that remain open. While Qwest believes these grievances to be without merit and should be denied, CWA believes these grievances have merit and should be sustained. It is the desire of both parties to settle these disputes and issues, including without limitation the below-referenced grievances in accordance with the terms as outlined below.
This Memorandum of Understanding (“MOU”) sets forth the parties’ agreement with respect to settlement of all issues and disputes, in accordance with the terms and conditions as forth in this MOU.
In consideration of the promises contained in this MOU, Qwest (the “Company”) and CWA (the “Union”) agree to the following:
1. Grievance numbered, Q-REG-051 – Wage Scale 1 / Wage Scale 2
The Company shall review a list of Wage Scale 2 employees in the Network Technician or Broadband Technician job titles for consideration of placing them into the Customer Data Technician (CDT) job title, Wage Scale 1, if, after review of their individual work assignments (job tickets), the Company determines that he or she has fifty percent (50%) or more of their work time during the previous twelve (12) calendar months spent performing work of the higher rated position. Placement into the CDT position will be outside of the Post and Bid Process, through a Letter of Agreement between the Company’s and Union’s Bargaining Agents, without any test requirements. In the event an impacted employee is unsatisfactory immediately preceding placement into the higher rated job title, such movement into the CDT job title shall be delayed until the employee meets satisfactory performance; movement to the higher rated job title shall not occur if the employee fails to meet satisfactory performance within twelve months from the date of execution of the Letter of Agreement. Time- in-title and time-in-location requirements shall be met prior to subsequent job movement through the Post and Bid Process. Wage administration will be in accordance with Addendum 1, Section A1.2. The Company’s review of impacted employees shall occur upon execution of this MOU and placement into the higher rated job title shall be made as soon as practical following the execution of the parties’ Letter of Agreement.
The Company and Union will enter into a Letter of Agreement, dated October 18, 2010, titled, “Guidelines for Changes in Job Title Outside of Article 6 (New or Changed Jobs) or Article 21, (Post and Bid Process),” as outlined in Attachment A herein, which sets forth the guidelines for changes in an employee’s job title that occur outside of Articles 6 or 21. The criteria and process, as outlined in Attachment A, shall be applicable prospectively upon execution of the parties’ Letter of Agreement.
Upon execution of the Agreements, the Union agrees to close grievance numbered, Q-REG-051.
2. Grievance numbered, Q-REG-069 – Trip Home During Out of Town Work Assignments
The Company agrees to pay each Impacted Employee, as shown on Attachment B herein, two hundred fifty dollars ($250) in total in resolution of this grievance. This payment will not be grossed up and subject to applicable taxes and other legally required deductions.
When it is anticipated or known in advance that an employee’s trip home during an out of town work assignment may be impacted or altered, the Company will make reasonable efforts to discuss alternatives in advance with the Union.
Upon execution of this Agreement, the Union agrees to close grievance numbered, Q-REG-069.
3. Grievance numbered, Q-REG-074 – Network Center Consolidation
The Company recognizes the Union’s concerns regarding the issues that give rise to this grievance and that proper notice may not have been provided for the Union to engage in meaningful discussion with the Company regarding the factors that drove the movement of work and its impact on job titles, job briefs and appropriate wage scales. To the extent that proper notice and/or sufficient details were not provided to the Union, the Company extends its apology.
In resolve of this dispute, the Company agrees, on a non-precedential, non-referable basis, to enter into a Letter of Agreement following the execution of this Memorandum of Agreement subject to the following and subparagraph C of this Section:
The Company will provide District 7 with 14 calendar days written notice in advance of any movement of work under Article 6 of the parties’ Collective Bargaining Agreement
If the Company fails to provide 14 calendar days advance written notice to District 7 of a movement of work under Article 6, the Union may initiate an expedited arbitration process by submitting in writing to the Company’s Bargaining Agent its intent to request an expedited arbitration within 3 business days of the time that District 7 has knowledge of or reasonably should have had knowledge of the movement of work.
The sole issue at the expedited arbitration is whether the Company gave notice to the Union, and if not, what is the appropriate remedy. Questions, issues or disputes about what is the appropriate wage scale or job title are not subject to arbitration and will not be a matter placed before the arbitrator in the expedited arbitration process. The parties agree that matters regarding the appropriate wage scale of job title as a result of a movement of work will be pursued solely through the provisions of Article 6.
The parties will agree to a Standing Panel of at least 3 Arbitrators. The parties shall agree on 1 of the 3 Arbitrators from this Standing Panel to hear the expedited arbitration under this Agreement. We have agreed to approach the Standing Panel of Arbitrators that have been selected to hear arbitrations under the Letter of Agreement over Permissible Mobilization Activities to determine if they would also be willing to hear cases on an expedited basis under this Agreement. If less than 3 Arbitrators agree to participate on the Standing Panel, the parties will agree on additional Arbitrators to be added to the Standing Panel for this Agreement so that there are at least 3 Arbitrators from which to select. A Panel Arbitrator must be able to hear the case more than 10 days but less than 30 days after the Union initiates its request for expedited arbitration. If no arbitrator is available within that timeframe the case will be referred to an Arbitrator provided through the FMCS process.
The Union agrees to withdraw its intent to arbitrate this matter and will close grievance numbered, Q-REG-074, and all associated Local grievances on this matter.
4. Grievance numbered, Q-REG-076 – Assignment of Work – Network Technicians and Broadband Technicians
For the period of one (1) year preceding execution of this Agreement, the Company will evaluate the actual work assigned to Network Technicians who are located in geographical areas where Broadband Technicians are also utilized to determine the appropriateness of placement into the Broadband Technician job title outside of the Post and Bid Process. This review shall be completed no later than December 31, 2010.
Upon completion of the review for this one-year period, the Company shall offer eligible Network Technicians who have been assigned: (1) more than sixty percent (60%) DSL work; or (2) more than twenty-five percent (25%) home networking work; a one-time opportunity to be placed into the Broadband Technician job title outside of the Post and Bid Process through a Letter of Agreement between the parties’ Bargaining Agents. Eligible employees must successfully pass the Qwest Basic Computer Network test (Course number 1155), prior to movement into the Broadband Technician job title. There are no retreat rights following placement into the Broadband Technician position. Time-in-title and time-in-location requirements shall be met prior to subsequent job movement through the Post and Bid Process.
Upon execution of this Agreement, the Union agrees to close grievance numbered, Q-REG-076.
5. Grievance numbered, Q-REG-077 – Assignment of Work – Tucumcari, NM
The parties agree that the assignment of frame attendant work (Wage Scale 4) to higher rated job titles, including but not limited to Network Technician (Wage Scale 2), is permissible under the collective bargaining agreement, and when the Company assigns work that falls outside of an employee’s job title, and such work is lower rated, the assignment of lateral or lower rated work are not subject to the provisions of Article 7, Sections 7.3 and 7.4.
While running jumpers may be intermittently performed by a variety of job titles including Central Office Technician and Network Technician, such work is considered work of the Frame Attendant position.
In situations where there is a business need, as determined in the sole discretion of the Company, to have work functions normally performed by Wage Scale 1 job titles and work functions normally performed by Wage Scale 2 job titles, combined and assigned to employees, and there is not a sufficient amount of work in either Wage Scale 1 or Wage Scale 2 to support a full time position in job titles of either of those wage scales, the Company may utilize the Communication Technician job title, subject to the provisions of the Letter of Agreement that establishes this job title, as shown in Attachment C herein. Other work functions that fall within lower rated wage scales or job titles, including but not limited to Wage Scale 4, Frame Attendant, may be assigned and performed by any of the job titles above Wage Scale 4 where the employee is qualified and available to perform such work.
Upon execution of this Agreement and the Letter of Agreement, as outlined in this section, the Union agrees to close grievance numbered, Q-REG-077.
6. Grievance numbered, Q-REG-081 – Assignment of Access Device
The parties agree that there is no dispute regarding the assignment of the access device for the seven (7) day window or portion thereof and CWA agrees to withdraw its intent to arbitrate this matter.
CWA has filed a new regional grievance, numbered Q-REG-083, regarding the “workgroup” for the assignment and selection of the access device. The parties agree to arbitrate this new matter during the scheduled hearing in December 2010 that was originally to be used to hear regional grievance numbered, Q-REG-081.
Upon execution of this Agreement, the Union agrees to close grievance numbered, Q-REG-081.
7. Grievance numbered, 09-7200-LNO-6467 – Restructuring and redefining CDT and COT jobs when assigning work outside of their job titles.
The parties agree that the Company may assign work outside of an employee’s job title, and when such work is higher rated such assignment of work shall be in accordance with Article 7, Section 7.3. When work assignments that are lateral or lower rated, the assignment of such work that falls outside of an employee’s job title are not subject to the provisions of Article 7, Sections 7.3 and 7.4.
Upon execution of this Agreement, the Union agrees to close grievance numbered, 09-7200-LNO-6467.
8. Make Whole and Modified Arbitration Awards
The parties agree that the Letter of Agreement, dated November 16, 2004, titled, “Revised Arbitration Make Whole Agreement” is the parties’ agreement to be used with arbitration and ADR decisions which order the Company to reinstate the employee and “make whole.” This Letter of Agreement was negotiated to be in concert with Article 16, Section 16.18, of the 2003 Qwest/CWA Agreement, whereby the arbitrator had no authority to modify the decision on discipline and in cases where the arbitrator concluded that the discipline was not for just cause, the employee was reinstated with back pay (i.e. make whole award).
The parties’ agreement that changed Article 16 of the 2005 Qwest/CWA Agreement, which allows an arbitrator to modify the decision on discipline and alter the form, type or duration of discipline than what the Company had earlier administered, reflects a modified award of which the 2004 Letter of Agreement on Make Whole is not applicable.
As a result of the 2005 contract changes, the parties agree there is a need to negotiate the components and calculations of both a Make Whole Award and a Modified Award of which the Company has made a proposal on the framework of such awards, dated June 15, 2010.
The Union has provided the Company with a counter proposal dated September 15, 2010 that outlines its proposed changes for Make Whole Award and Modified Award. The Company will review the Union’s counter proposal and, if determined by the Company, will provide the Union with its counter proposal no later than November 30, 2010.
Both parties agree to give good faith consideration of each party’s proposal and shall utilize its best efforts to reach agreement by November 30, 2010. In the event the parties cannot reach agreement by December 31, 2010, any party may unilaterally elect to discontinue negotiating by providing notice to the other party. Such negotiations shall not be subject to arbitration.
9. Letter of Agreement – Qwest @ Ease
In consideration of resolving the above disputes and issues, the Union agrees to execute the Letter of Agreement, dated October 18, 2010, regarding the Qwest @ Ease product offering, subject to the provisions as shown in Attachment D herein.
Upon execution of this Memorandum of Agreement, the Company shall present to the Union the applicable Letters of Agreement, Settlement Agreement, Release and Waiver, and any other pertinent grievance responses, if appropriate, that reflect the framework and material provisions contained in this Agreement as soon as practical following execution of this Agreement.
The above settlements for any and all grievance disputes and/or issues contained in this Memorandum of Agreement shall be considered non-precedential and non-referable.
Please indicate your concurrence by signing below.
Sincerely,
Concurred: Brenda Roberts
Communications Workers of America
Date:
ATTACHMENT A
October 18, 2010
Brenda Roberts
Administrative Director to the Vice President
Communications Workers of America, District 7
8085 East Prentice Avenue
Greenwood Village, Colorado 80111-2745
RE: GUIDELINES FOR CHANGES IN JOB TITLE OUTSIDE OF ARTICLE 6 (NEW OR CHANGED
JOBS) OR ARTICLE 21 (POST AND BID PROCESS)
Dear Ms. Roberts:
The Company and Union have had much discussion regarding work assignments that fall outside of the employee’s job title where the Company has determined the employee to be qualified and available to perform such work. In some situations, work assignments that fall outside of the employee’s job title may be considered higher rated work and in others, work assignments may be considered lateral or lower rated work.
To address disputes when employees are assigned work functions that fall outside of their job title, the parties agree to the following principles:
Whenever the Company’s or Union’s Bargaining Agent identifies an employee who has been assigned and performs work that falls outside of their job title, the Company shall perform a work analysis to assess the amount of time the employee has performed work functions that fall outside of his or her job title.
In situations where the Company determines the employee has spent more than seventy-five percent (75%) of their actual work time in a calendar year, for two (2) consecutive calendar years, performing temporary intermittent (less than full time) work assignments that fall outside of his or her job title, the employee will be moved to the corresponding job title and wage scale of the work being performed that falls outside of his or her current job title. Such movement shall be outside of the Post and Bid Process through an agreement reached by the Company and Union Bargaining Agents. The results of the work analysis that supports the change in job title shall be discussed with the Union. Time in title and time in location requirements, as outlined in Article 21, Section 21.4 shall be met prior to subsequent job movement through the Post and Bid Process.
In situations where the Company determines the employee has spent seventy-five percent (75%) or less of their actual work time in a calendar year performing temporary intermittent (less than full time) work assignments that fall outside of his or her job title, the employee will not be considered for a change in job title that corresponds with the work being performed that falls outside of his or her current job title.
Temporary work assignments that fall outside of the employee’s job title that are considered higher rated work shall be paid the Temporary Upgrade Daily Differential, pursuant to Article 7, Section 7.3 of the collective bargaining agreement. Temporary work assignments that are considered higher rated work and performed on a full time basis shall be subject to a period not to exceed one hundred and twenty (120) consecutive days or in situations where the employee volunteers may work for a period of one hundred and eighty (180) consecutive days. Such temporary work assignments that extend beyond 180 consecutive days shall be subject to Article 7, Section 7.4.
Temporary work assignments that fall outside of the employee’s job title that are considered lateral or lower rated work are not subject to Article 7, Sections 7.3 or 7.4.
Nothing in this Letter of Agreement shall apply to or alter the provisions of Article 6 – New or Changed Jobs; or Article 21 – Post and Bid Process.
The Company and Union agree in principle that quality, cost and efficiency are important factors when assigning work that falls outside of an employee’s job title. In doing so, the Company may, in its sole discretion, provide training prior to or during the temporary work assignment to assist employees and improve their effectiveness in performing such work assignments. Training selection shall be in accordance with the provisions of Article 7, Section 7.1
To ensure the spirit and intent of this letter are carried out, the appropriate business unit’s senior leadership (Vice President) or appropriate oversight committee (e.g., Network Organization Leadership Council), along with the Company’s Bargaining Agent, shall review situations where this Letter of Agreement has been allegedly violated.
If this accurately states your understanding of our agreement, please indicate your concurrence by signing below.
Sincerely,
Mike Lynch Concurred: Brenda Roberts
Director – HR & Labor Relations Administrative Director to the Vice President
Qwest Communications Workers of America