THE FOURTY NINE-HOUR RULE AND OTHER OVERTIME ISSUES AND MYTHS

Written by admin on January 1st, 2005

By Clay Bowlby

Over the last several months Local 7804 has been engaged in defending our local agreements with Qwest Corporation management in the State of Washington. We have argued and still maintain that we have a valid agreement with the company that precludes the implementation of the forty-nine hour rule as described in the collective bargaining agreement.

Our local agreement was negotiated in good faith, with the company understanding at that time all of the implications contained within. They did not see the need for inclusion of the rule at the time of negotiations but now seem to believe that they have the right to manage overtime as if they had bargained for the clause to be included in the local agreement. They claim this even while admitting they did not see the need for the rule to be included at the time of local negotiations. Although we are not sure what course the company will take to achieve their stated goal we will not agree to change our overtime agreement and will defend it through the grievance and arbitration process, and will be filing National Labor Relations Board Charges against Qwest Corp.

. I ask you in advance to track any and all overtime that is denied you should the company decide to implement any scheme that is not in compliance with our bargained agreement. You will need dates and times so that we can pursue monetary compensation for you after the fact. Please make a steward aware of any and all shortages you incur in a timely manner. This should be done in writing, and your steward can provide you with a form for that purpose.

Do not attempt to argue any decision with management as you could be setting yourself up for an insubordination charge. Do not attempt to negotiate a special agreement for yourself with the company you do not have the right to do so. We must all live with the contract and maintain the integrity of the document, even if the company is attempting to circumvent it.

On another subject of relatively recent nature the company has again moved employees from one work group and job function to another to cover employee shortages. Please remember that the employees moved were not volunteers. They are not there to take your job; they are there at the Company’s discretion and deserve your help and respect. These employee shortages are of the Company’s making not ours, even though we must live with the consequences. Remember, you could be in the same position next year depending on the next poor decision of the Company. This is not about running the business on our part: it is about the right of the Company to manage or mismanage the business on their part.

. Frankly, we have given the Company advice against this move and input on decisions that we believe would have better suited the customer and our members and the Company has chosen to ignore almost all of our advice. That is their right, even if it is a bad decision, in our opinion.

I want to discuss another subject that has me confused. Where in the contract is anyone guaranteed overtime? I have heard some members make the claim that it is my overtime as if there were a specific clause with their name on it accruing them of a set amount of overtime.

The other common misnomer is that it is my work and he/she is taking it away from me. Again I can find no clause in the contract that is specific to certain individuals and what work they will or won’t perform. There seems to be a delusion of self-importance with some members and their ability to create dial tone or pipe it to our customers.

I would remind you that there is not one individual in this R.C.A., including yours truly, who is indispensable to the operation of this corporation. I would argue that as a Local we are indispensable to the Company and we gain our bargaining strength as a whole not as small, self-ingratiating groups It is this mentality that makes us vulnerable every two to three years when our contract expires. We need to stand together as a Local for the good of the Local and all of the members within. I repeat there is no member more important than another and urge you to remember this fact.

Lastly, contract expiration is approaching rapidly. If you have not started your strike fund, it is not too late to do so. Don’t be fooled into thinking that there won’t be a strike. The issues and the climate are not as positive as one would believe. Please read Vice-Presidents Garrett’s report on the presidents’ meeting the week of 2-8-05 and the discussion on early bargaining that did not come to fruition because (as usual) the Company wants us to pay a bigger part of our medical benefits. The next few months look to be difficult for the bargaining committee. Do yourself a favor and start preparing now.

I look forward to seeing all of you at the regular meetings from now until the end of the contract, and remind you that’s the best place to get answers to questions concerning the contract negotiations.

In unionism

Clay Bowlby
President, Local 7804

 

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