LAN.TEL - Tentative Agreement

Union Proposals

UP #1 – Contracting – TA’d

ARTICLE IX

CONTRACTING WORK

There shall be no contracting or subcontracting of bargaining unit work unless mutually agreed to by the Company and the Union.  Further, in the event that a work shortage, economic downturn, weather, natural disaster, or other catastrophe requires the Company to reduce its workforce or downsize its operations, the Company hereby agrees that it shall eliminate Piecework contractors in the affected job classification before it lays-off or otherwise removes Piecework Bargaining Unit employees from the payroll this would not include any contractors the company hires for work the company does not perform regularly. 

UP #2 – Travel Time – Company Counter – TA’d

ARTICLE XII

 TRAVEL TIME, CONDITIONS, AND EXPENSES

Section 5 – Board and Lodging Assignment: When an Employee is assigned work that requires an overnight assignment; all boarding expenses will be paid by the Company. In addition, Employees will receive a daily meal allowance of twenty five dollars ($25.00) thirty dollars ($30.00).

UP #3 – Wages – Company Counter – TA’d

• 1st Year – 2% increase – Effective Upon Ratification
• 2nd Year – 2% increase – Effective 09/30/2019
• 3rd Year – 2% increase – Effective 09/30/2020
• Contract Expires – 09/30/2021

Company Proposals

CP #1 – Seniority – TA’d

ARTICLE V

SENIORITY

Section 4: Any Employee who has been laid off due to lack of work will maintain recall rights for a period of twelve (12)six (6) months from the date of layoff.  Employees will be recalled in order of seniority provided they are capable of performing the required work.

CP #2 – Grievance and Arbitration – TA’d

ARTICLE VI

GRIEVANCE & ARBITRATION

Section 1: All questions, disputes, or grievances as to the interpretation or performance of the terms of this Agreement, shall be subject to the grievance procedure. Time spent participating in grievance meetings during working hours, shall be considered as time worked.

Section 2: The Company recognizes the right of the Union to investigate the circumstances surrounding any grievance and agrees to cooperate with the Union in any such investigation.  Pending final settlement of the grievance, the Company shall not thereafter deal directly with the Employee concerning said grievance, without Union concurrence, but shall deal directly with the Union representative. 

Section 3: It is the intention of the parties that a sincere effort shall be made in each case to discuss and settle grievances promptly pursuant to the following procedure:

Step 1:  The local Union representative shall present the aggrieved Employee’s grievance directly to the Employee’s supervisor within forty-five (45)twenty-one (21) calendar days after the grievance arises, a decision in writing shall be received from the Company within ten (10) twenty-one (21) calendar days of hearing the grievance. If the grievance is not resolved at Step 1, it may be appealed to Step 2 in writing.

CP #3 – Union Rep Pay Treatment – Company Withdraw  

ARTICLE VII

DISCIPLINE & DISCHARGE

Section 5: At any meeting between a representative of the Company and an employee in which discipline (including suspension, demotion, or discharge) is to be announced, a Union Representative may be present if the employee so requests.  Time spent in such a meeting shall be considered work time.

CP #4 – Successorship – Company Withdraw

ARTICLE VIII

SUCCESSORSHIP

This Agreement shall be binding upon the Union and the Company, their successors and assigns, and shall continue in full force and effect in the event of the sale or other transfer of the business covered by this Agreement.  As a condition of the sale or other transfer of the business covered by this Agreement, the Company shall require the transferee to assume and adopt the terms and conditions of this Agreement, and to continue to recognize the Union as the sole bargaining agent for the Employees covered by this Agreement.

CP #5 – Work Week – Sunday Pay – TA’d

ARTICLE X

WORKWEEK & RATES OF PAY

Section 2: The normal hours of work shall begin between 6:30 a.m. and 6:30 p.m., with an appropriate lunch period.

Section 5: If there is any conflict between Employees as to the choice of hours when selecting tours, senior Employees shall be given their preference.

Section 6: Sunday shall be treated as a premium day and all time worked will be paid at double time the regular rate of pay, irrespective of the number of hours during that week, unless mutually agreed to by the Employee, Company and Union, to pay for such work at time and one-half the regular rate of pay. Time spent on Sunday traveling at the direction of the Company to an out of town assignment shall be paid at the straight time rate, however the hours will be included as time worked for the purposes of overtime computation.

Section 8: When an Employee works overtime beyond and continuous with his regular tour, and such overtime extends to the start of his next regular tour, he may elect to: (a) be excused all or part of his regular tour with pay; or (b) work all or part of his regular tour at one and one-half (1 ½) rate of pay.

Section 13: When an Employee assigned to work arrives for his/her scheduled tour, then is released from duty due to lack of work or weather conditions, the Employee is entitled (for purposes to obtain the 40 hour week) to a maximum of two (2) hours pay at the Employee’s applicable wage rate.  It is Management’s responsibility to attempt to contact the Employeeprior to start time if there is no work for the day.  This will be verified by a call log.  It is the Employee’s responsibility to inform the Company of a valid number where he/she can be reached.

CP #6 – Travel Time – TA’d

ARTICLE XII

TRAVEL TIME, CONDITIONS, AND EXPENSES

Section 6 - Travel Expenses: When an Employee is required to report to such a job site as above in Section 5, the Company will provide or pay for the actual cost of the Employee’s transportation between the Company garage and the job site at the start and completion of the assignment, and every secondthird weekend the Company will pay the Employee’s transportation cost back to the Company garage and back to the job site.  

CP #7 – Vacation – Company Counter – TA’d

ARTICLE XIII

VACATIONS

Section 1: Vacations shall be granted according to the following schedule and selected on the basis of seniority:        

Length of Service                                                        Amount of Vacation

1 year of service but less than 9 8 years                        2 weeks of vacation

At 9 8 years of service but less than 14 13 years          3 weeks of vacation

at 14 13+ years of service                                             4 weeks of vacation

Vacation days can be taken in four-hour increments with Management’s approval.

CP #8 – Leave of Absence – TA’d

ARTICLE XV

LEAVE OF ABSENCE

Section 1: Employees accrue sick leave at the time of the Employee start date, but cannot use sick leave until he/she has six (6) months of service.  Accrual schedule is three (3) days/twenty-four (24) hours per year.

Section 5: In the event of the death of any member of his/her immediate family, as hereinafter defined, any Employee who has completed his/her probationary period shall be granted a leave of absence, with pay, not exceeding three (3) days.  In the case of other relatives, one (1) day with pay shall be granted.  Any additional absence from duty in the event of the death of any member of his/her immediate family shall be deducted from any accrued vacation period or taken without pay.

Section 7: The Company agrees that regular Employees, who are required by law to report for jury duty, shall be excused for their entire tours during the period of jury service and shall be paid wages at their regular rate of pay minus jury pay from court.  Employees must show Human Resources their summons to serve on jury duty within three (3) days after summons is received.  After completing jury duty, employees must provide evidence of time served.  

Section 8: Subject to the provisions of any applicable State or Federal law, any employee entitled to vote shall be excused from Company duty on election day for the necessary time required to vote and shall suffer no loss in pay for such absence. Employee must give prior notice the day before voting.

CP #9 – Training – Company Withdraw

ARTICLE XVII

TRAINING

Section 1: If the Company requires any Employee to participate in training, the costs of such training shall be borne by the Company and the time spent by the Employee selected for such training, shall be considered work time and the Employee shall suffer no loss of pay to attend such training.

CP #10 – Jurisdiction – Company Withdraw  

ARTICLE XX

JURISDICTION

Employees of this Company may be assigned to do all work that applies to the installation, replacement, removal and maintenance of external telephone, cable TV, and internet service connection lines.  It also includes line installation to a building.  Operations such as digging a trench, laying conduit, backfilling and concrete, masonry and manhole work are examples of this work.  Specialist employees laying cable, employing automatic equipment, and which in one operation opens the trench, lays the cable and backfills, is also assigned to this jurisdiction.  Jurisdiction will be 150 miles from the Company’s main office located in Independence, MO.

CP #11 – Piecework – TA’d

ARTICLE XXIII

PIECEWORK

This Article is for work performed under the Company’s Drop Placement Contract. All terms of the Collective Bargaining Agreement will also apply to Employees covered under this Article.

Section 1: The Union and the Company agree that is in the best interest of the Company and the Employees that all parties have full knowledge of the current pricing structure and billing methods to ensure that all work performed is billed correctly. With this understanding, the Company and the Union agree to the following; under the current pricing structure the Company agrees to split all amounts billed as follows; sixty percent (60%) for the Company, and forty percent (40%) for the Employees. Of the forty percent (40%) to the Employees, that amount shall be split as follows; sixty percent (60%) for the Drop Foreman, and forty percent (40%) for the Drop Groundsman. The two person crew could mutually agree to split the forty percent (40%) equally.

The Company agrees to furnish the Union the current pricing structure covering the Company’s Drop Wire Placing Contract. The Company will instruct those Employees performing drop wire placing work on the proper billing procedures to ensure that all work performed by the current pricing structure is billed. It is incumbent upon the Employee to ensure that all work performed is billed according to the current pricing structure.

Section 2: The Company shall furnish all equipment, tools, material, fuel, and equipment maintenance required to perform this work, subject to meeting all Federal, State, Department of Transportation (DOT) and Occupational Safety & Health Administration (OSHA) safety guidelines/standards. This work shall be done by two (2) person crews consisting of a Drop Foreman and a Drop Groundsman unless one person is off on vacation, sick leave or any other type of approved leave.In cases which one person is off on vacation, sick leave or any other type of approved leave, the person on duty will receive 100% of the employee split as outlined in Section 1. above and Section 6. below.

Section 3: This section will apply in cases of inclement weather to employees who are scheduled to report for work, and are kept by management or are otherwise not released in accordance with Article XI, Section 13. Such employees shall be paid eight or ten hours (depending on the employee’s current scheduled shift). This section will not apply to days, regardless of weather, where drop piece work is available and can be performed sufficient that employees can earn their normal wages.

In cases of machine breakdown, faulty material, lack of material, lack of work due to inclement weather, or other unusual conditions, excluding lack of work on a normal work day or week, the Employee shall be paid at the base wage rate not to exceed eight (8) hours per day, or forty (40) hours per week until the condition is corrected provided that the Employee has notified the Company of the necessary correction.  The Employees shall not be held liable for any machine breakdown, faulty materials, damaged machines, tools, or customer property, except in cases of gross negligence. Negligence shall be determined by a joint investigation of Union and Management representatives.

Section 4: At no time shall an Employee be required to perform wire joining in conjunction with the placement of wire or cable except as necessary to facilitate the placement of the wire through a bore and then the disconnect and reconnect of the wire shall be only at the customer premises and not within the Telephone Company pedestal or terminal or below ground.

Section 5: If it becomes necessary to assign an Employee performing drop wire placing work to perform work of another job classification within the bargaining unit, then the Employee will be compensated at the appropriate hourly rate of pay for all time spent working outside his/her job classification in accordance with Article X, Workweek & Rates of Pay and Appendix B, Wage Scale and Job Classification.

Section 6: If it becomes necessary for Piecework employees to work on a Sunday, management will first ask for volunteers and if they don’t get enough volunteers then Piecework employees will be required to work in inverse seniority. Otherwise, Piecework employees will not be forced in to work on Sunday.