<PAGE>
.
.
.
EXHIBIT 10.2
TABLE OF CONTENTS
<TABLE>
<CAPTION>
PAGE
<S>
<C>
ARTICLE 1 - RECOGNITION
4
ARTICLE 2 - NONDISCRIMINATION
4
ARTICLE 3 - UNION SECURITY
5
ARTICLE 4 - PAYROLL DEDUCTION OF DUES
5
ARTICLE 5 - MANAGEMENT RIGHTS
6
ARTICLE 6 - BARGAINING AND CONTRACT
ADMINISTRATION
7
ARTICLE 7 - RESPONSIBLE UNION - COMPANY
RELATIONSHIP 7
ARTICLE 8 - UNION ACTIVITY AND LEAVES
9
ARTICLE 9 - GRIEVANCE PROCEDURE
12
ARTICLE 10 - ARBITRATION OF GRIEVANCES
14
ARTICLE 11 - DISCIPLINE AND PERSONNEL
RECORDS
16
ARTICLE 12 - EMPLOYEE CLASSIFICATIONS
16
ARTICLE 13 - SENIORITY
17
ARTICLE 14 - NET CREDITED SERVICE
18
ARTICLE 15 - WAGES
20
ARTICLE 16 - DIFFERENTIALS AND OVERTIME
21
ARTICLE 17 - WORK SCHEDULES AND TOURS
24
ARTICLE 18 - HOLIDAYS
25
ARTICLE 19 - VACATIONS
29
ARTICLE 20 - WORKING PRACTICES
33
</TABLE>
1
<PAGE>
<TABLE>
<S>
<C>
ARTICLE 21 - SAFETY PRACTICES
35
ARTICLE 22 - TOOLS AND EQUIPMENT
36
ARTICLE 23 - JOB TITLES OF EMPLOYEES AND
37
CHANGES IN ASSIGNMENT
ARTICLE 24 - JOB TRANSFER PROCEDURE
40
ARTICLE 25 - BOARD AND LODGING
42
ARTICLE 26 - FORCE ADJUSTMENT
47
ARTICLE 27 - ABSENCE FROM DUTY
54
ARTICLE 28 - TERMINATION ALLOWANCE
57
ARTICLE 29 - PENSIONS
59
ARTICLE 30 - CONTRACT LABOR
59
ARTICLE 31 - GROUP INSURANCE
60
ARTICLE 32 - ILLNESS TREATMENT
62
ARTICLE 33 - MILITARY LEAVE AGREEMENT
68
ARTICLE 34 - DEFINITIONS
69
ARTICLE 35 - CONTENTS AND VALIDATION
74
ARTICLE 36 - DURATION
74
APPENDIX A - EXCHANGES
75
APPENDIX B - WAGE SCHEDULE GUIDE
78
WAGE SCHEDULES
79
APPENDIX C - DUES DEDUCTION AUTHORIZATION
CARD
81
</TABLE>
2
<PAGE>
<TABLE>
<S>
<C>
MEMORANDUMS OF AGREEMENT
ARBITRATION PROCEDURE
83
BUSINESS
ATTIRE
85
CALL
CENTER COMMITTEE
87
COMMON
INTEREST FORUM (CIF)
88
COMPREHENSIVE MEDICAL PLAN
89
CONTRACT
LABOR REPORTING
91
DRUG &
ALCOHOL POLICY
93
ELECTRONIC
DATA GATHERING
94
FAMILY AND
MEDICAL LEAVES OF ABSENCE (FMLA)
96
FLEXIBLE
SPENDING ACCOUNTS
99
FORCE
ADJUSTMENT BOUNDARIES
100
ATTACHMENT A
101
FORCE
ADJUSTMENT BUMPING RESTRICTIONS
102
FOUR-DAY
WORKWEEK
104
HOME
DISPATCH
107
HOURLY
EMPLOYEES' PENSIONS
109
VALOR
TELECOMMUNICATIONS SOUTHWEST, LLC SAVINGS PLAN 111
INCOME
SECURITY PLAN
113
LONG TERM
DISABILITY
116
LUMP SUM
PAYMENT OPTION
119
NEUTRALITY
AND CONSENT ELECTION
120
NON-PRECEDENT SETTING AGREEMENT
127
ON-CALL
PREMIUM PAY
128
OVERTIME
129
PART-TIME
EMPLOYEE USAGE
131
PERSONAL
LINES OF INSURANCE
132
RELOCATION
ALLOWANCES
133
RETAIL
SALES INCENTIVE COMPENSATION PLAN
135
RETIREE LIFE
INSURANCE
136
RETIREE
MEDICAL HEALTH BENEFITS
137
SALES
INTIATIVES PROGRAM
140
TEAM
PERFORMANCE AWARD
142
TELEPHONE
CONCESSION
147
TUITION
REIMBURSEMENT PLAN
148
WAGES
150
</TABLE>
3
<PAGE>
AGREEMENT
This Agreement is made as of March 1, 2005,
by and between Valor
Telecommunications of Texas, LP, or their
successors, hereinafter referred to as
the "Company" or "Management" and the
Communications Workers of America,
hereinafter referred to as the "Union," and
the employees of the Company in the
Bargaining Unit.
ARTICLE 1
UNION RECOGNITION
1.1 The Company recognizes the
Union as the exclusive collective bargaining
agency for
all non-supervisory, nonprofessional, and non-administrative
employees
within the Company with the exception of: (a) secretaries or
clerical
employees who handle confidential personnel information and who
report
directly to Company Officers, Directors, Division Vice
President,
and
Department Managers; and (b) any and all employees located in
Company's
Headquarters Building in Irving, Texas, or subsequent location.
The
Company agrees that to the extent employees who perform work
currently
recognized
as bargaining unit work are in the future assigned to work in
the
Company headquarters, such employees shall be included within
the
bargaining
unit.
1.2 This Agreement recognizes the
Union's right to sole and exclusive
representation for collective bargaining purposes of the
eligible
employees
of the Company as limited by the Labor Management Relations Act
of 1947
and concerning wages, hours, working conditions and other
conditions
of employment.
1.3 The Company and the Union
agree that during the term of this Agreement
there
shall be no lock-outs. The Union and the Company agree that
during
the same
period, neither the Union nor its agents will authorize,
instigate,
aid, condone, or engage in work stoppage, slow down or strike.
In the
event any such work stoppage, slow down or strike or threat
thereof
should
occur, the Union and its officers will do everything within
their
power to
end or avert the same.
ARTICLE 2
NON-DISCRIMINATION
Both parties reaffirm their intention that
the provisions of this Agreement will
continue to be applied without
discrimination because of race, color, age,
religion, national
4
<PAGE>
origin, sex, mental or physical disability
or veteran status of the employee.
Nothing in this Agreement or the parties'
Memorandum of Understanding shall be
applied or interpreted to restrict either
party from taking whatever action it
deems appropriate to comply with applicable
disability non-discrimination
statutes.
ARTICLE 3
UNION SECURITY
3.1 The Company agrees to keep
in its employ only members in good standing
with the
Union. For the purpose of this section, tender of the
initiation
fee on or
immediately following the thirtieth (30th) day of employment or
the
effective date of this Agreement, whichever is later, and tender
of
the
periodic dues uniformly required as a condition of acquiring
and
retaining
membership, shall constitute membership in good standing in the
Union.
3.2 The provisions of this
Article shall not apply to any employee in any
State in
which the application of such provision would be inconsistent
with the
law of such State.
3.3 The Company may inform
employees and applicants for employment of their
rights and
obligations under the provisions of this Article.
ARTICLE 4
PAYROLL DEDUCTION OF DUES
4.1 The Company agrees that,
upon receipt of a written request for deduction
of Union
membership dues signed by an employee, it will deduct from such
employee's
wages the amount specified in such request and transmit the sum
so
deducted, along with a list of all eligible employees in the
Bargaining
Unit
designating for whom such deduction has been made, to the
Secretary-Treasurer of the Union subject to all conditions
contained in
the Dues
Deduction Authorization Card, designated as Appendix "C", a
copy
of which
is a part of this Agreement. The list referred to above, shall
set forth
each employee's social security number, mailing address,
employee
number, work location, title, and wage rate.
4.2 An authorization by an
employee for deduction of Union dues may be revoked
by means of an individual
written notice to the Company and the Local
Union sent
by the employee by Registered or Certified Mail, Return Receipt
Requested.
Such notice of revocation must be postmarked during the
fourteen
(14) day period prior to each anniversary date of the current
collective
bargaining agreement.
4.3 It shall be the
responsibility of the Secretary-Treasurer of the Union to
certify
5
<PAGE>
to the
Company, in writing, the amount of the periodic Union
membership
dues
uniformly required by each Local and that such amount was duly
established in accordance with the Union's Constitution and the
Bylaws of
such
Local.
4.4 The Union membership dues
will be deducted from the pay earned during the
first
payroll period ending in each calendar month, provided there is
sufficient
pay available after other deductions are made in accordance
with the
established priority of deductions. If there is insufficient
pay
earned in
the first payroll period from which to make such deduction, it
will be
deducted from subsequent payroll periods closing with the same
calendar
month.
4.5 The Company agrees to
furnish the appropriate National Vice President of
the Union,
each month, with the names of all new eligible employees
employed
within the collective bargaining unit during the preceding
month.
The
notification shall state the employee's name, residence address,
and
work
location.
4.6 No charge shall be made to
the Company for the cost incurred in carrying
out this
undertaking and in furnishing the service and information
described
in Paragraphs 4.1 and 4.5 of this Article.
4.7 The Union agrees to
indemnify the Company and hold it harmless from all
claims,
damages, costs, fees or charges of any kind, except as provided
in
Paragraph
4.6 above, which may arise out of the honoring by the Company
of
dues
deductions authorizations in accordance with the provisions of
this
Article
and the transmitting of such deducted dues to the Union, or the
Union
Security provisions set forth in Article 3 of this Agreement.
ARTICLE 5
MANAGEMENT RIGHTS
5.1 This Agreement shall not
limit the Company in the exercise of any of the
generally
recognized customary rights of management to hire new
employees,
to
discharge for cause, to promote, demote, transfer and lay off
in
accordance
with the provisions of this Agreement, to establish work
schedules
and hours of work; to use improved methods, materials or
equipment;
to determine work assignments and tours; to develop and
administer
work standards and performance requirements; to be the sole
judge of
the quality and acceptability of Communications services
rendered
to the
public; and to discipline for violation of Company rules. All
other
customary
management rights shall be reserved solely by the Company.
5.2 The Company shall determine
the size of the work force for all departments
and shall
make such adjustments in the size of the work force as are
necessary
to insure a profitable operation of the Company.
6
<PAGE>
ARTICLE 6
BARGAINING AND CONTRACT ADMINISTRATION
6.1 Meetings between the Union
and the Company for the purpose of collective
bargaining
and for the adjustment of grievances shall be conducted by and
between
the duly authorized representatives of the Union and the
Company
upon
request and reasonable notice at such times and places as may
best
suit the
convenience of the parties.
6.2 The Company agrees to
designate appropriate Management representatives to
meet and
deal with appropriate designated representatives of the Union.
6.3 The Union and the Company
agree to provide each other with the current
lists of
the authorized representatives and officers qualified to
represent
the respective parties.
6.4 The Company and the Union
agree not to change, add to, or delete from the
titles and
wage rates listed in Exhibit B during the term of this
Agreement,
except as provided by the following:
a.
The
Company shall have the right in its discretion to establish new
job titles or revise existing job titles to maintain efficient
operations. The Company will provide to the Union a job
description
for the new title and the wage rate.
b.
If the
Union is dissatisfied with the wage rate, it may request
negotiations within twenty (20) days of the receipt of the job
description.
c.
If the
Company and Union cannot agree in negotiations, disputes over
the wage rate of the new or revised job title may be referred to
the
grievance and arbitration procedure.
6.5 The Company shall pay the
Group Health, Dental and Life Insurance
premiums,
equal to that amount normally paid for regular full-time
employees,
for up to four (4) Company employees of the Union Negotiating
Committee
for the month prior and the portion of the month up to and
including
the expiration date of the labor agreement.
ARTICLE 7
RESPONSIBLE UNION-COMPANY RELATIONSHIP
7.1 The Company and the Union
recognize that it is in the best interest of
both
parties, the employees, and the public, that in the interest of
efficiency,
7
<PAGE>
productivity, and amiable labor relations, all dealings between
them
continue
to be characterized by mutual responsibility and respect. To
insure
that this relationship continues and improves, the Company and
the
Union will
apply the terms of the Agreement in accordance with the
bargained
for intent and meaning and consistent with the Union's status
as
exclusive
bargaining representative of all employees in the unit.
7.2 The parties also recognize
that their mutual long-term success in the face
of
increased competition in the communications industry will be
dependent
on the
provision of high quality products and services, as well as
increased
sensitivity at all levels to competitive activity and to
customer
needs, expectations and perceptions. Both parties agree in
principle
that these challenges require increased individual and
collective
emphasis on involvement, teamwork, innovation, pride and
commitment
to quality. The parties will endeavor to support and promote
the
acceptance of these principles by all employees at all levels.
7.3 It is mutually recognized
that the preceding paragraphs 7.1 and 7.2 are
but a
statement of broad principle and as such are exempt from the
provisions
of Article 9.
7.4 The Company will not
interfere with the Union. The Company agrees not to
coerce or interfere with any
employee with the object of restraining
membership
in the Union nor to discriminate in any way against employees
because of
membership in the Union.
7.5 The Company, its officers
and supervisors shall not interfere with the
rights of
employees to become and remain members of the Union and shall
not in any
manner, directly or indirectly, discriminate against, interfere
with,
coerce, restrain, discharge, demote, transfer, or discipline
any
employee
by reason of his or her membership or non-membership in the
Union.
7.6 The Union, its officer,
stewards and members shall not in any matter,
directly
or indirectly, discriminate against, interfere with, coerce or
restrain
any employee by reason of his or her membership or
non-membership
in the
Union.
7.7 Company to Furnish List of
Employees to Union. Company agrees to furnish
to the
Union, on or before December 1, a list of all employees within
the
designated
bargaining unit showing name, employee number, work location,
job title,
and seniority date.
7.8 A Management representative
shall advise all employees entering the work
group of
the names of all authorized Union representatives in the work
group and
shall introduce the employees to the appropriate Union
representative in the work group.
8
<PAGE>
7.9 List of Union
Representatives. The Union agrees to furnish and maintain a
current
list of its Union Representatives. Such list shall be given to
the
Director
of Labor Relations of the Company.
ARTICLE 8
UNION ACTIVITY AND LEAVES
8.1 Local Union representatives
or members may solicit members and carry on
similar
Union activity outside of working periods, in their own
offices,
in space
where no Company operations, customer contact activities, or
administrative work is performed. Any such activity shall be
carried on in
such a
manner as not to interfere with the rights of an individual
employee.
8.2 Union activities may be
carried on by local Union representatives at
locations
specified by the State or District manager. Reasonable notice
shall be
furnished by the Union to Management requesting use of such
locations.
8.3 Employees elected or
selected to full-time positions in the International
or Local
Union which take them from their employment with the Company,
shall,
upon written request to the Company, each receive leaves of
absence
for
periods of twelve (12) months, the sum total of which shall not
exceed
fifteen
(15) years. Upon return they shall be reemployed at work
generally
similar to
that which they did last prior to their leaving. Employees who
return
shall be assigned to the same position on the wage schedule
where
they were
working at the time their leave of absence commenced.
a.
A request
for leave of absence for Union business shall be in
writing from the Union and shall be furnished to the Company at
least thirty (30) calendar days in advance of the original
request
for leave. At least fifteen (15) calendar days notice shall be
furnished to the Company in writing in advance of each
subsequent
twelve (12) months' leave.
b.
Not more
than four (4) such employees shall be granted a leave of
absence for Union business at a time.
c.
Employees
who are allowed a leave of absence for Union business
shall take such leave without prejudice to their job rights and
credited service.
d.
Sick
benefit credits and wage progression credits will not
accumulate while an employee is on leave of absence for Union
business. Changes in the basic hourly rate for the employee's
wage
step will be recognized for the purpose of pension
calculations.
e.
Pension
credits and full wage credit for pension purposes will
accumulate to employees while on leave of absence for Union
9
<PAGE>
business.
f.
Employees
who do not return to work as specified in their request
for leave of absence shall be considered to have automatically
terminated their employment effective on the date when the leave
of
absence started.
8.4 Incidental leaves of absence
for Union duties. Employees of the Company
who are
officers of the Union Local, not to exceed four (4) in number,
may
upon
fifteen (15) days' written notice to the Company be granted
incidental
leave of absence without pay in accordance with the following,
provided
service requirements will permit:
a.
A leave of
absence shall be for not less than a period of thirty
(30) days or more than sixty (60) days, and must run
continuously.
b.
Any such
leave of absence shall not prejudice an employee's job
rights nor shall the period of such leave be deducted from an
employee's credited service or cause a break in such service.
c.
Any
portion of such leave of absence over thirty (30) days shall
not
be counted for wage progression purposes.
d.
If the
Union shall request an extension of such leave of absence,
such an extension shall be considered under the terms of
Paragraph
8.3 (including subsections).
8.5 Employees of the Company who
are officers or designated representatives of
the Union
shall, upon reasonable notice to the employee's immediate
supervisor, be allowed to take time off without pay up to and
including
forty (40)
scheduled working days per contract year, provided, however,
that no
more than ten (10) scheduled working days of time off granted
under that
section shall run consecutively.
a.
The
Company and Union agree to meet and discuss individual cases
where an employee requests to exceed the time limit specified
in
paragraph 8.5. The Company agrees to take into consideration
any
extenuating circumstances presented by the employee before
determining whether to grant the request.
b.
Grievances
filed under paragraph 8.5 a. are excluded from the
provisions of Article 10.
8.6 Reasonable notice shall be
forty-eight (48) hours. Time off, as described
in
Paragraph 8.5 herewith, may be granted with less than forty-eight
(48)
hours'
notice by the employee's immediate supervisor in case of
emergency
if the
10
<PAGE>
service
requirements permit. It is understood and agreed that in those
cases
where the Union Representative has knowledge of the need to be
off
in advance
of forty-eight (48) hours, it is incumbent upon such
Representative to give the immediate supervisor as much advance
notice as
possible.
8.7 If the Union shall request
an extension of time off for Union business,
such an
extension shall be considered under the terms of Paragraph 8.3
and
8.4 of
this Article.
8.8 Employees from the Divisions
will be allowed time off for Union duties on
the basis
of the total number of employees within the same job title on
duty at
any given time, within the Headquarters area of the Operations
Center, or
Division Office. At one time or during any portion of the same
period,
the following will apply:
<TABLE>
<CAPTION>
NUMBER OF EMPLOYEES WITHIN THE LOCATION
BY
<S>
<C>
TITLE
NUMBER EXCUSED
1-10
1
11-25
2
26-40
3
41-65
4
66-100
5
Over 100
6
</TABLE>
For Union
convention purposes, each year the Union may submit a list of
representatives not to exceed forty (40) in number per year for
whom time
off is
desired. Such list must be submitted at least ten (10) working
days
prior to
the beginning date of the absence. If service requirements
permit,
such time off without pay not to exceed three (3) scheduled
working
days not to include Saturday and Sunday for each employee shall
be
granted.
This time off shall be deducted from the forty (40) days
allowable
as covered under Paragraph 8.5.
8.9 This section shall not apply
to any joint Union-Management meeting.
8.10 The Union shall have the use of
Company bulletin boards for the posting of
material
necessary to the conduct of its affairs or space shall be
provided
by the Company for Union bulletin boards to be erected by the
Union.
11
<PAGE>
ARTICLE 9
GRIEVANCE PROCEDURE
9.1 The Company and the Union
agree it shall be the objective to settle
grievances
promptly and at the lowest step possible. If an agreement is
reached
between the parties, either formally or informally at any step
below the
second step, it shall be considered non-precedent setting and
non-referable.
9.2 Grievances involving
discharge, demotion or disciplinary suspensions shall
be filed
within ten (10) calendar days. All other issues should involve
an
informal
resolution meeting between the supervisor and the employee. The
meeting
should take place as soon as possible from the time the
employee
made the
request. The employee should be advised that union
representation
will be
made available if desired. If a resolution is reached without
the
union
present, the supervisor shall notify the local union
representative
of the
agreed to resolution. If a resolution is not reached in the
informal
meeting, a grievance may be filed.
STEP 1
Grievances
shall be presented in writing to the immediate supervisor
within
thirty (30) calendar days following the occurrence of the act
or
incident
giving rise to the grievance, or within thirty (30) calendar
days
following
the date upon which the facts of the grievance first became
known.
Within ten (10) calendar days of receipt of the written
grievance,
unless
otherwise mutually agreed upon, the supervisor and the
authorized
Union
representative shall meet to resolve the grievance. The written
grievance
shall set forth:
a.
The
name(s) of the employee(s) aggrieved.
b.
The nature
of the grievance. (A brief description of the
circumstances out of which it arose.)
c.
The
section(s) of this Agreement, if any, relied upon or claimed to
have been violated.
d.
The remedy
or correction desired.
The
Company shall give its decision in writing to the Union within
seven
(7)
calendar days following the conclusion of the Step 1 meeting(s).
It
shall be
the objective of both the Company and the Union to settle
grievances
at the first step to the greatest extent possible.
STEP 2
If the
Union is not satisfied with the Company's decision at Step 1,
the
Union
12
<PAGE>
may appeal
the grievance to Step 2 within fifteen (15) calendar days
following
the Union's receipt of the Company's Step 1 written decision.
The
authorized Union representative and the Director, Labor Relations
or
authorized
Company representative shall meet within thirty (30) calendar
days of
such appeal. The grievant may only be present for grievances
involving
suspension or termination, unless otherwise agreed to between
the
parties. Both parties shall attempt to resolve the matter, and
the
Company
shall give its written decision to the Union within fifteen
(15)
calendar
days following the Step 2 meeting(s).
9.3 If the Union is not
satisfied with the final decision of the Company at
Step 2,
the Union may submit the matter to binding arbitration under
the
provisions
of Article Ten (10), Arbitration, of this Agreement.
9.4 The Management and the Union
agree to assist each other in the
investigation of the circumstances surrounding and related to
any
grievance.
The Management agrees that once a grievance has been referred
to the
Union, no representative of Management will discuss the matter
with
the
grievant(s) without notification to an appropriate representative
of
the Union,
and a reasonable opportunity for the Union representative to be
present at
the grievances.
9.5 Time limits specified in
this Article shall be adhered to. Failure of
either
party to abide by the time limits shall result in a default of
the
grievance
to the other party, which may be advanced to the next step of
the
grievance and arbitration procedure, if the Union so desires.
The
parties
may extend said time limits by mutual agreement.
9.6 It is agreed that neither
the Company nor its representatives, nor the
Union, its
locals, representatives or members, will attempt by means other
than the
grievance procedure to bring about the settlement of any issue
which is
properly a subject for disposition through the grievance or
arbitration procedure.
9.7 The Company and the Union
agree that the provisions of Article 6,
Paragraph
6.1 concerning meetings and representatives shall apply in all
respects,
except as modified specifically in this Article.
9.8 Pay Treatment for the
Handling of Grievances at the first step. Local
Management
will arrange at times consistent with service requirements to
meet with
employees who are authorized local Union representatives to
discuss
for a reasonable period of time the grievance of that local
organization. The above time for the local Union representative, as
well
as the
employee or employees having the grievance, if spent during
their
scheduled
working hours shall be without loss of pay at straight time
provided
that not more than three (3) employees nor less than two (2)
employees
where
13
<PAGE>
practicable, including local Union representatives, shall be
eligible for
the above
pay treatment. Where mutually agreeable, more than three (3)
employees
may be authorized without loss of pay.
9.9 Pay Treatment for the
Handling of Grievances at the second step. Employees
who are
authorized Union representatives will be permitted to confer
with
Management
during their scheduled working hours without loss of pay (at
straight
time) for the purpose of reviewing grievances. Such paid time
shall be
restricted to the time actually spent in meetings with
Management
and shall
exclude travel time and preparation time. The number of Union
representatives attending such meetings without loss of pay shall
be
limited to
those authorized Union representatives required for the
particular
meetings and shall in no case exceed two (2).
9.10 The time spent in attendance at
the meetings, listed in 9.7, 9.8, and 9.9
above,
shall be without loss of pay only if such meetings are held
during
such
employee's scheduled working hours or with prior approval if
the
appropriate Company representative is not available during the
employee's
scheduled
working hours. Such paid time shall be considered as time
worked
in
computing any overtime payments to which the employees may
become
entitled.
ARTICLE 10
ARBITRATION OF GRIEVANCES
10.1 A grievance which has not been
satisfactorily settled after it has been
presented
in writing and processed completely through the grievance
procedure
contained in this Article may be submitted to arbitration by
the
Union
notifying the Company in writing within sixty (60) days and the
American
Arbitration Association within ninety (90) days from the date
of
the
Company answer at the third step (or the date of the default by
the
Company)
provided the grievance concerns:
a.
The
interpretation, application or alleged violation of the terms
of
this Agreement;
b.
The
discharge, suspension, demotion or materially disciplining of
any employee having more than one (1) year's net credited
service
with the Company.
10.2 In the event that either party to
this Agreement elects to submit an
arbitrable
grievance to arbitration, the parties agree that the matter
shall be
so submitted and agree that such submission shall be to a
single
arbitrator.
10.3 The arbitrator shall be designated
by the American Arbitration Association
in
accordance with the then existing rules and procedures of the
Association.
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a.
The
arbitration shall be conducted under the then existing rules of
the Association.
10.4 The arbitrator shall be confined
to the subjects submitted for decision
and may in
no event as a part of any such decision impose upon either
party any
obligation to arbitrate any subjects which have not been agreed
upon as
subjects for arbitration, nor may the arbitrator as a part of
any
such
decision effect reformation of this Agreement or otherwise alter
any
of its
provisions.
a.
In
rendering the decision, the arbitrator shall be confined to the
specific issue, and to the matters set forth in 10.1a and 10.1b
of
this Article as may be appropriate.
b.
The
arbitrator shall not possess authority to assess damage or
punitive payments against either party to the other.
c.
The
arbitrator shall have authority to include in the order an
award
for money restitution to any employee, or employee when
improper
payment, or failure to make proper payments is a point at issue
in
the specific complaint. In making any such award for
restitution,
however, the arbitrator will follow the "make whole" concept, and
no
more.
10.5 The decision of the arbitrator
shall be rendered without delay and shall
be final
and binding on all parties and shall be enforceable in a court
of
law.
10.6 Each party shall bear the expense
of presenting their own case and shall
share
equally the expenses of the arbitrator and the general expense
of
the
arbitration.
10.7 The grievance procedure and
arbitration provided herein shall constitute
the sole
and exclusive method of determining adjustments for settlement
between
the parties of any and all grievances as herein defined, and
the
grievance
procedure and arbitration provided herein shall constitute the
sole and
exclusive remedy to be utilized by the parties hereto for such
determination, decision, adjustment, or settlement of any and
all
grievances
as herein defined.
a.
Nothing in
this Section is intended to impair the right of either
the Company or the Union to apply to the National Labor
Relations
Board for relief from unfair labor practices as defined in the
National Labor Relations Act.
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ARTICLE 11
DISCIPLINE AND PERSONNEL RECORDS
11.1 In the event that the job
performance of an employee is unsatisfactory to
the
Company and the Company decides to demote, dismiss or suspend
such
employee,
they shall first notify the appropriate local Union
representative in the employee's work group or unit and the
employee
before
taking such action. In instances where imminent risk to persons
or
property
exists and immediate action is required, the Company will
notify
the
appropriate Union representative as soon as possible after that
action
is
taken.
11.2 At any meeting between a
representative of the Company and an employee in
which
discipline (including warnings which are to be recorded in the
personnel
file, suspension, demotion or discharge for cause) is to be
announced,
a Union representative may be present if the employee so
requests.
11.3 An employee may, upon seven (7)
working days notice, inspect records
contained
in that employee's personnel file, such as absence and tardy
records,
work observation records, appraisals and records bearing on any
disciplinary action. Employee notification shall be made when
records are
added to
or removed from an employee's personnel file. For purposes of
this
Article, personnel file is defined as those records normally in
the
custody of
the Division Human Resources Manager.
ARTICLE 12
EMPLOYEE CLASSIFICATIONS
12.1 Status and Treatment of
Probationary Employees
a.
Probationary employees shall be accorded the same applicable
rights
and benefits as regular employees under the terms of this
Agreement
except for discretionary termination of probationary employment
as
set forth in Article 34.
b.
It is understood that probationary
employees shall enjoy full rights
and privileges of Union representation and there will be no
discriminatory action taken by the Company by reason of
affiliation
or non-affiliation with the Union.
c.
The
Company shall have the right in its discretion to transfer
probationary employees.
12.2 Limitations on Occasional
Employment.
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a.
Occasional
employees shall not be employed to an extent as to
adversely affect usual employment of the then current regular
full-time or regular part-time employees. Employment for training
or
for needed periods in vacation reliefs will not be considered
as
adversely affecting usual employment.
12.3 Treatment of Temporary
Employees
a.
Temporary
employees will not be used in any case which would result
in the reduction of the normal assignment of work of regular
employees.
b.
If a
temporary employee's employment continues beyond six (6)
months, the employee shall be reclassified as a regular employee
and
shall be given net credited service from the date of hire for
such
employment.
ARTICLE 13
SENIORITY
13.1 Computation of Seniority
a.
Seniority
shall be computed in the same manner as net credited
service.
b. In cases of service
bridging, those portions of seniority and net
credited service which pertain to prior service shall be
identical.
13.2 Application of Seniority
a.
Seniority
shall be the deciding factor, insofar as the ability of
the employee and the conditions of the business will permit, in
matters affecting assignment of hours and vacations, voluntary
and
involuntary transfer, promotions, layoffs, and rehiring after
layoffs.
a.1 For purposes
of work schedules, vacations, and holidays
part-time employees will select on the basis of continuous
service.
b.
In the
application of seniority there may arise some occasions when
a conflict develops by reason of two (2) or more employees
possessing equal seniority. In such cases, applicable seniority
will
be determined by the order of dates of birth (mm/dd/yy) of each
employee concerned.
c.
Whenever
any provision contained within this Agreement makes
specific reference to application of seniority for a given
circumstance,
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the application prescribed within that provision will prevail.
d.
One
employee may displace another through application of seniority
only under the following circumstances:
d.1 Force
adjustment.
d.2 Return from
a leave of absence that is actual or implied,
wherein reinstatement to the original job is a condition of
the leave.
d.3 Return from
military service under reemployment rights
established by law.
d.4 Nothing
within this Agreement shall be construed to mean that,
during application of force adjustment procedures, seniority
may be applied in such manner that an employee may achieve a
job
assignment that is of a higher wage level than the job
which the employee is vacating by reason of force adjustment.
13.3 Transfers or Promotions.
a.
Employees
transferred or promoted from the bargaining unit shall
continue to accrue seniority.
13.4 Training Opportunities
a.
The
Company agrees that opportunities for job training which would
serve to equip employees for promotion to higher paid
occupations
within the bargaining unit will not be employed in such manner as
to
circumvent the seniority principles as set forth within this
Article
13.
b.
Job
training herein means formal training and, as well, informal
training by experience gained in temporary assignments to
higher
paid occupations within the bargaining unit.
ARTICLE 14
NET CREDITED SERVICE
14.1 Net Credited Service is the term
used to express the aggregate of the
years,
months, and days of active employment with Valor or any of its
predecessors which will be recognized by the Company with respect
to each
employee.
For employees of GTE Corporation who were active employees
working in
the Oklahoma properties purchased by Valor on July 1, 2000, or
the Texas/
New Mexico properties purchased on September 1, 2000, and who
became
active employees of Valor on those respective dates, the term
"Net
Credited
Service"
18
<PAGE>
also
includes the Net Credited Service recognized by GTE as of each
respective
purchase date. Active employment will include only that time
for which
the employee actually receives pay or is on authorized Union or
military
leave of absence, and will not include time for which the
employee
receives Workers' Compensation as a result of being totally and
permanently disabled in excess of one (1) year. Active employment
will be
computed
in terms of whole work days.
a.
Current
net credited service for any employee shall be determined as
the date of hire or adjusted date of hire, whichever applies.
14.2 Net credited service ceases to
exist coincident with discharge, release,
resignation for any reason, or reclassification of a regular
employee to
non-regular employment.
a.
This
provision will not serve to cancel net credited service
previously earned by laid-off employees who accept occasional
assignments during the period of layoff.
14.3 Regular employees who are
reclassified as non-regular employees shall lose
their net
credited service and the net credited service for such
employees
shall be bridged only as
outlined in the definition, "Net Credited
Service,"
and as provided in this Article 14.
14.4 Net credited service will continue
to accumulate during the first
forty-five
(45) calendar days of any layoff, but not thereafter.
Seniority,
however, will continue to accrue for not more than thirty (30)
calendar
months for purposes of recall from layoff.
14.5 Treatment for Part-Time Employees.
The actual wage rates, progression
increases,
net credited service and seniority for part-time employees
shall be
determined by the accumulation of the actual hours worked as
they
relate to
the normal full-time work week.
14.6 Bridging of Net Credited Service.
At the employee's request, net credited
service with
respect to former employees of the Company will include
recognition of all prior periods of active employment after the
employee
has
completed six (6) continuous months active employment following
the
employee's
reemployment, except that periods of prior active employment of
less than
six (6) continuous months' duration will not be recognized.
Such
recognition will include active employment with any of the
predecessors
and/or
affiliates of the Company. Net credited service will be computed
to
the
nearest half month.
14.7 Employees who have retired and who
return to work for the Company will not
be
eligible to bridge any net credited service prior to retirement.
The
19
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employee's
rehire date will be used for the purposes associated with
customary
applications of net credited service and seniority.
ARTICLE 15
WAGES
15.1 All employees shall be paid
bi-weekly. Payments to be made on the second
Wednesday,
following the close of the bi-weekly period. When a holiday
falls on
Wednesday, payment shall be made on the preceding Tuesday.
15.2 Where it is necessary to dismiss
an employee in the field, he/she must be
paid in
full for all time due in compliance with applicable law, but in
any event
no later than the next pay period
15.3 When the first day of the month in
which an increase is scheduled falls
within the
first seven (7) days of a two (2) week pay period, the
scheduled
increase shall be effective as of the first day of that two (2)
week pay
period.
15.4 When the first day of the month in
which an increase is scheduled falls
within the
second seven (7) days of a two (2) week pay period, the
scheduled
increase shall be effective as of the first day of the
following
two (2)
week pay period.
15.5 Such adjustments in the effective
date of an increase to meet the first
day of a
two (2) week pay period shall not change the time interval used
in
determining the date of the next scheduled increase.
15.6 The wages attached as appendices
to this Agreement shall prevail for the
duration
of this Agreement and shall be considered a part of it.
a.
Changes or
revision in the wage rates attached shall not be subject
to arbitration except by mutual agreement between the Company
and
the Union.
b.
The wage
rates attached for purposes of this Agreement are hereby
defined as basic wage rates, or basic rates.
15.7 These appendices also include the
wage schedules which indicate the
progression intervals and basic wage rates. The basic hourly wage
rate
assigned
to each employee shall be based on the job classification.
15.8 An employee's positioning on any
wage progression schedule is determined
by
classification, reclassification, and related contractual
procedures,
and not by
net credited service, as such. Thus, the positioning may not
necessarily be immediately related to actual net credited
service.
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<PAGE>
ARTICLE 16
DIFFERENTIALS AND OVERTIME
16.1 Overtime Payments
a.
The
overtime rate of pay is one and one-half (1 1/2) times the
regular rate of pay except as hereinafter provided.
b.
The
overtime rate of pay will be paid for time worked in any one
(1)
day in excess of the length of a normal eight (8) hour tour.
c.
All hours
worked on the day a holiday is observed shall be paid at
two and one-half (2 1/2) times the straight time rate.
d.
Time
worked in a work week in excess of fifty-four (54) hours will
be paid two (2) times the straight time rate. In computing time
worked, daily overtime and work on nonscheduled days will not
be
excluded. Any excused time paid for will not be considered time
worked. Only actual hours worked are counted for use in this
paragraph and tours of less than eight (8) hours shall not be
deemed
as equivalent to eight (8) hours.
e.
Insofar as
it is practical to do so, the Company will endeavor to
distribute overtime work equally and impartially to the employees
at
a given location who are qualified to do the class of work to
be
performed and who usually perform such work during their normal
working schedules.
f.
If in any
work week the time worked exceeds forty (40) hours, the
excess over forty (40) hours shall be paid for at time and
one-half
(1 1/2) subject to the provision of this Article (exclusive of
daily
overtime and work on nonscheduled days for which overtime is paid
or
absent time paid for).
g.
All time
worked at an overtime rate will be calculated to the
nearest equal or
higher one-fourth (1/4) of an hour (fifteen (15)
minutes.
h.
When
employees are called out for duty before or after regular
working hours, time going to and from home shall be considered
as
time worked and paid for at overtime rate. The time thus paid
for
this type of emergency work, including traveling time, shall not
be
less than time and one-half for a minimum of two (2) hours work.
The
two (2) hour payment provision does not apply under the
following
conditions.
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h.1 To work
required during a meal period falling within the hours
of the employee's overall tour of duty on scheduled days.
h.2 If the
employee is notified before leaving the Company
premises that he/she is required to work as a continuation of
his/her regular tour on that day.
h.3 If the
employee is called to work before the start of his/her
scheduled tour for the day and continued working all or part
of his/her scheduled tour.
i.
Where it
is necessary to change the work schedule and an employee is
required to work a nonscheduled day, such time will be paid at
the
overtime rate. If twenty-four (24) hours notice is given of the
change in schedule, the employee will be paid at the straight
time
hourly rate and a nonscheduled workday set later in the week. A
scheduled workday shall not be changed to a nonscheduled day
unless
twenty-four (24) hours advance notice is given prior to the
first
day involved in the change. In no case shall the nonscheduled day
be
changed to a day in the following week.
j.
When a
scheduled day is changed at the request of an employee, the
hours worked shall be paid at straight time. Changes from
officially
posted schedules will be made at the request of an employee when
no
replacement is required. When such replacement is required, the
change will be made providing an agreeable shift can be made in
the
schedule of another qualified employee.
k.
The
provisions of this Section apply only to those employees
subject
to overtime payments under the Fair Labor Standards Act.
l.
The
employee shall work overtime as requested but only when
authorized by his/her supervisor or some other employee
designated
by the Company.
16.2 Sunday Payments
a.
Employees
subject to overtime payments under the Fair Labor
Standards Act shall be paid at the overtime rate of one and
one-half
(1 -1/2) times the basic hourly rate for all hours worked on
Sunday
during the period from 12.01 a.m. to 11:59 p.m.
b.
A
scheduled Sunday assignment of work shall be considered one (1)
of
the five
(5) day tours and included in the total forty (40) hours
authorized for any one (1) week.
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16.3
Premium Payments
a.
On-Call
Premium. Employees in selected job title classifications and
locations who hold themselves subject to on-call schedules will
do
so at their own option. In the absence of qualified volunteers,
management will rotate on-call among the qualified employees in
inverse order of seniority.
No employee will serve on-call for more than one week per
month,
until all other qualified employees have served on-call.
a.1 The on-call
differential will be paid as follows:
Scheduled Days -
$17.00 from midnight to midnight
Non-scheduled Days - $22.50
from midnight to midnight
Holidays -
$29.00 from midnight to midnight
Work Week -
$120.00 from 12:01 A.M. Sunday to
midnight Saturday
a.2 The on-call
differential shall be paid in addition to any
other differential, premium or payment to which an employee is
otherwise entitled.
a.3 Employees
on-call will have their call out hours count toward
the apportionment of overtime.
b.
Christmas
and New Year's Eve Premium. Employees required to work
after 6:00 p.m. on Christmas Eve or New Year's Eve shall receive
six
dollars ($6.00) in addition to their basic rate and any
applicable
differential and/or premium.
16.4 Differential Payments
a.
Bilingual.
A Bilingual Differential of $0.65 per hour will be paid
for designated workgroup(s) in Call Center locations. The
differential will apply to the scheduled tour of duty provided
the
assignment is for a period in excess of one full hour.
b.
Night
Shift. Full-time employees who are assigned to scheduled tours
of work which start or end outside of the period between the
hours
of 6:00 a.m. to 9:00 p.m. shall receive a night differential for
all
scheduled hours worked between the hours of 9:00 p.m. and 6:00
a.m.
of $1.15.
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c.
In Charge.
When an employee is required and designated by the
Company to exercise independent judgment and direct the flow of
work
of others and accept the responsibility of same, the employee
shall
receive a differential of $0.80 per hour so designated and
worked
provided such assignment is for a period in excess of one (1)
full
hour.
d.
Customer
Zone Technicians scheduled to perform maintenance in the
Central Office during the maintenance window will receive the
night
differential for each hour scheduled.
16.5 When an employee of any department
is required to work a shift which
starts
four (4) hours or more before or four (4) hours or more after
the
start of
the regularly assigned shift as covered by the weekly schedule,
the
employee will be paid at the rate of time and one-half (1 1/2) for
all
time
worked until the employee is again restored to the employee's
regular
scheduled
shift or for such shifts worked for the balance of that
scheduled
week.
16.6 When two (2) or more types of time
and one-half compensation are
applicable
to the same hours of work, only one time and one-half rate
shall be
paid. In no case will time and one-half compensation be
duplicated
or pyramided. Time and one-half compensation shall mean time
and
one-half the employee's regular rate of pay.
ARTICLE 17
WORK SCHEDULES AND TOURS
17.1 For all purposes, each tour of
duty will be considered to have been worked
on the
calendar day it started. However, nothing herein precludes the
reporting
of hours worked as of the calendar days worked for the purpose
of Company
payroll preparation.
17.2 Call Centers - Normal Tour of
Duty
a.
The normal
tour of duty for employees shall normally consist of
eight (8) hours in any one day. The workweek shall normally be
forty
(40) hours consisting of five (5) daily tours of eight (8)
hours
each.
b.
The Company shall have the right
to schedule all tours and sessions
and the starting and ending time of each.
17.3 OPERATIONS-SERVICE AND
ENGINEERING-CONSTRUCTION -NORMAL TOUR OF DUTY
a.
Forty (40)
hours, consisting of five (5) consecutive daily tours of
eight
24
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(8) hours each shall normally constitute the workweek for all
Operations-Service and Engineering-Construction employees.
b.
The
Company shall have the right to schedule all tours and sessions
and the starting and ending time of each.
c.
Operations-Service and Engineering-Construction employees may
be
scheduled other than five (5) consecutive work days when required
to
maintain normal service conditions. Selection of such schedule
shall
be voluntary. If no selection is made, the Company may assign
the
schedule in the inverse order of seniority.
d.
Scheduled
Saturday assignments and split weeks of nonconsecutive
daily tours will be maintained at a minimum consistent with the
needs of the business.
17.4 Work schedules shall be furnished
each Operations-Service and
Engineering-Construction Department employee and each Engineering
Outside
Plant
Technician by four (4) week periods, and shall be furnished to
the
employees,
by bulletin board posting or by written notice, at least seven
(7) days
in advance of the commencement of a given four (4) weeks'
scheduling.
17.5 Grievances filed under this
Article are excluded from the provisions of
Article
10.
ARTICLE 18
HOLIDAYS
18.1 Seven (7) holidays shall be
observed as designated:
New Year's
Day - January 1
Memorial
Day - Last Monday in May
Independence Day - July 4
Labor
Day
Thanksgiving Day
Friday
following Thanksgiving Day, EXCEPT AS SPECIFIED IN 18.1.A OF
THIS
ARTICLE Christmas Day - December 25
a.
Employees
assigned to Phone Stores will receive an additional
Personal Holiday in lieu of the Friday following Thanksgiving
Holiday unless scheduled off on the Friday following
Thanksgiving
Holiday. The additional Personal Holiday is to be scheduled
following Thanksgiving Day up to and including December 31 of
the
calendar year. The additional Personal Holiday is subject to
the
eligibility requirements as set forth in this Section.
18.2 Five (5) Personal Holidays shall
be observed.
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a.
A personal
holiday will be any day of the employees' choosing, based
on their normal schedule and service requirements. On these
holidays
employees will be paid at their basic rate of pay plus
differentials
and premiums (except Sunday premiums).
b.
At least
fifteen (15) days notice prior to the day or days to be
observed must be given to the employee's supervisor. Such time
limit
may be waived by mutual agreement between the employee and
supervisor.
c.
If an
employee selects a day or days to observe as the holiday,
which, because of work requirements, would not be available, or
if
two or more employees in the same work group select the same day
or
days, the employees will choose an alternate available day or
days
in order of seniority.
d.
The first
holiday for which an employee is eligible under this
provision must be taken prior to April 1 and the second holiday
prior to July 1 of each calendar year.
e.
If the
remaining holidays for which an employee is eligible under
these provisions, have not been selected by October 1 of each
calendar year, management will designate the day to be
observed.
f.
It is the
intent that Personal Holidays should normally be taken as
a day off with pay and not worked. However, employees who are
required to work on a Personal Holiday will be paid in
accordance
with Section 18.6 of this Article.
g.
Employees may elect to take
up to five (5) personal holidays in
increments of two (2) or four (4) hours for a maximum total of
forty
(40) hours per year.
g.1 Advance
supervisory notice and approval are required prior to
the beginning of the employee's shift. In the event more than
twenty-five (25) percent of the work group is scheduled off or
service requirements dictate the employee's presence,
supervision reserves the right to grant or deny the request.
g.2 Personal
holidays that remain unscheduled as of October 1,
supervisor may schedule the remaining increment(s) to ensure
orderly work force management.
h.
New
employees will accrue personal holidays based on length of
continuous service as follows:
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After
3 months continuous
service: 2
days
After
6 months continuous
service: 1
day added
After
9 months continuous
service: 1
day added
After 12
months continuous service: 1 day added
After one
(1) year of continuous service from date of hire, employees
will
be
eligible for a total of five (5) personal holidays each calendar
year.
Personal
holidays shall be selected at the time vacation selections are
made and
such personal holidays must be taken on a normally scheduled
work
day. By
mutual agreement of the employee and the supervisor, a personal
holiday
may be rescheduled from the one originally selected.
The
provisions of 18.2.d of this Article do not apply to employees
in
their
first year of employment.
18.3 A designated holiday which falls
on Sunday shall be observed the following
Monday and
a designated holiday which falls on Saturday shall be observed
on Friday
for all Departments. Designated holidays for employees normally
scheduled
on weekends shall be observed on the actual day of the holiday
and paid
at their basic rate of pay plus differentials and premiums
(except
Sunday premium).
18.4 Holiday tours are those that begin
on the holiday, and holiday pay will be
paid for
holiday tours only on the legally observed holiday.
18.5 Employees Not Working on
Designated Holidays.
a.
Regular
and temporary employees, except absentees, who are not
assigned to work shall be paid one (1) full day's basic pay for
the
designated holidays plus any applicable differential and/or
premium
payments which they would have received had they worked their
regular hourly assignment. Employees not working on a holiday
and
receiving holiday pay shall receive credit for the equivalent
as
time worked toward the computation of weekly overtime.
b.
Part-time
employees shall be paid holiday pay at their basic wage
rates, based upon their average scheduled work day computed from
the
four (4) week period immediately preceding the holiday period.
18.6 Employees Working on Designated
Holidays
a.
Regular
and temporary employees, except absentees, who are assigned
to work on a designated holiday shall be paid time and one-half
in
addition to their basic pay for the day and any applicable
differential and/or premium payments.
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b.
Occasional
employees working on a recognized holiday will be
compensated according to time actually worked. Compensation will
be
basic rate, with any applicable premiums and differentials,
plus
holiday premium computed at basic rate.
c.
When daily
overtime hours (as defined in Article 16.1.b) fall within
a holiday, such hours shall be compensated at time plus time
and
one-half rate in lieu of otherwise prescribed daily overtime at
time
and one-half.
d.
Hours
worked on a call-out on a recognized holiday for which no
hours were originally scheduled for the employee, shall be paid
for
at the premium rate of time and one-half for the first eight
(8)
hours.
d.1 The minimum
time paid under this provision shall be two (2)
hours at the time and one-half rate; even though time actually
worked may be less than two (2) hours. Two (2) hours' actual
work time will not be demanded arbitrarily but only that time
is necessitated to meet service requirements. On the other
hand, employees shall have no authority or privilege to
perform call-out work in such manner as to promote compounding
of further call-outs.
18.7 The term "Absentee" used in
Sections 18.5 and 18.6 of this Article shall
mean any
employee who does not work on a holiday and who is absent the
scheduled
work day preceding or following the designated holiday without
being
excused by the Company for such absence, or any employee
scheduled
to work
who is absent on the holiday without being excused by the
Company
for such
absence.
a.
A regular
and/or temporary employee who has not been excused under
the provisions of Paragraph 18.7 of this Article may be excused
on
the scheduled workday preceding or following the holiday by
presenting a medical doctor's certificate of inability to work
due
to illness provided they were not scheduled to work on the
holiday.
a.1 The
Company's "Illness Treatment Plan" shall prevail if
Paragraph 18.7.a of this section conflicts.
18.8 Holiday Falling Within a Scheduled
Vacation Period (See Article 19
Vacations).
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ARTICLE 19
VACATIONS
19.1 Vacations with pay shall be
granted in January of each year in line with
demands of
the service as listed below:
a.
One (1)
week vacation shall be allowed after completion of six (6)
months of service.
b.
Two (2)
weeks' vacation shall be allowed after completion of twelve
(12) months of service. If any employee completes six months
service
and twelve months service within the same vacation year, only
two
weeks vacation will be granted in that calendar year.
c.
Three (3)
weeks' vacation shall be allowed to all employees during
the calendar year in which their total net credited service is
five
(5) full years or more.
d.
Four (4)
weeks' vacation shall be allowed all employees during the
calendar year in which their total net credited service is
fifteen
(15) full years or more. Employees eligible for four (4) weeks
vacation must take at least one (1) week of vacation during the
months of January, February, March, April, October or November.
e.
Five (5)
weeks' vacation shall be allowed all employees during the
calendar year in which their total net credited service as
established by the Company is twenty-five (25) full years or
more.
Employees eligible for five (5) weeks vacation must take at
least
two (2) weeks of vacation during the months of January,
February,
March, April, October or November.
19.2 It is the Company's established
policy that employees take their vacation
during the
calendar year in which it is granted, except as outlined in
provisions
of this Article pertaining to the right to vacation banking.
19.3 Vacation schedules will be
prepared by the Company for each department
and/or
workgroup. After December 1 and prior to February 1 of each
year,
the
Company will check with each employee as to the dates desired
for
vacations,
respecting the wishes of the employees insofar as the demands
of service
of the respective work groups will permit. The Company will
distribute
vacation schedules to all reporting locations and/or post where
practical.
The selection of vacation dates within each schedule will be on
the basis of seniority
as shown by the records of the Company. Except as
otherwise
provided in this Article, employees may split vacations into
periods of
not less than one (1)
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workweek,
if the demands of service permit.
a.
Vacation
increments must be scheduled at the beginning of the year
in which it is to be taken. Requests for full weeks vacation
will
have precedence over requests for single day vacation time
during
the selection process. Likewise, requests for single day
vacation
time will have precedence over requests for half day vacation
time
during the selection process.
a.1 Scheduling
of vacations shall take into account the service
requirements and preferences of the employees. Vacations shall
usually start on the first day of the calendar week. Except as
noted for day-at-a-time and half-day-at-a-time vacations,
employees may split their vacations into periods of not less
than one (1) week if service requirements permit.
b.
Schedules
will be prepared in such a manner as to permit a maximum
number of vacations during the more desirable vacation season if
the
demands of the service permit.
c.
A vacation
week will be a workweek and no work shall be scheduled
for the employee in a vacation week. The last week in December
will
be considered a work week for vacation purposes in the current
year.
It will be considered a workweek for vacation purposes in the
following year only if four or more days in that week are in
the
following calendar year.
d.
Employees
cannot waive their scheduled vacations and draw pay plus
vacation allowance for working during the time allowed for a
scheduled vacation, unless, in case of emergency, the Company
requests the employee to work during the scheduled vacation
period.
d.1 If an
employee is called back from vacation because of an
emergency, the employee shall have the choice of receiving
vacation pay plus pay at the basic rate for the hours actually
worked or substituting another vacation period in order to
complete the full vacation to which the employee is entitled.
19.4 If an employee desires to change
his/her vacation period, he/she shall
give the
Company at least fourteen (14) calendar days written notice and
the
Company will accommodate him/her providing the change does not
conflict
with other vacations or the demands of service.
19.5 If an authorized holiday to which
the employee is entitled under this
Article
occurs during an employee's vacation he/she shall be granted an
additional
day off with pay. This additional day off with pay shall be
granted
prior to or
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subsequent
to but not necessarily consecutive with the vacation. Such day
off shall
not be considered as time worked.
19.6 Absence due to sickness or
accident disability exceeding thirty (30) days
shall not
affect vacation eligibility; following return to duty after
absences,
an employee who has not taken his/her vacation within the
calendar
year under the provisions of Paragraph 19.1 of this Section
will
be
expected to take whatever vacation or part thereof he/she is
entitled
to by
December 31 of the current calendar year. Remaining vacation
balances
will be handled as an exception in accordance with this
Article.
19.7 Employees who have an approved
leave of absence exceeding thirty (30) days
are
encouraged to take all available vacation prior to the start of
their
leave. If,
however, an employee has remaining vacation upon returning from
leave,
he/she will be expected to use remaining vacation by December 31
of
the
current year. If vacation cannot be taken due to demands of
service,
remaining
vacation balances will be handled in accordance with this
Article.
a.
Any
employee who is approved for a leave of absence in excess of 30
days during the fourth quarter of the calendar year shall take
all
available vacation prior to the start of the leave. Employees
eligible for vacation banking may also bank one week.
19.8 An employee returning to duty
following approved leave of absence for
service in
the armed forces of the United States, including the reserve
components
thereof, who has not received his/her vacation within the
calendar
year shall be eligible to take vacation within the calendar
year
of his/her
return to duty, which he/she would have received if he/she had
been
continuously on duty with the Company during the period of
absence.
The same
conditions with respect to vacation taken within the calendar
year shall
apply as covered in this Article.
19.9 An employee who returns to regular
employment during the same calendar
year in
which he/she terminated or began a leave of absence will not be
granted
additional vacation during that remaining calendar year if
he/she
had
received pay in lieu of vacation at the time of his/her
leave/termination.
19.10 If, at the time of termination,
layoff, retirement or resignation with a
minimum of
two (2) weeks' notice, an employee has not taken all of his/her
vacation
which had been granted for that calendar year, he/she will
receive
pay for the unused portion.
19.11 Day-at-a-time (single day) and
half-day-at-a-time (half day) vacations. A
portion of
the vacation period may be taken on a one single day or half
day basis
if accomplished in the following manner:
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<PAGE>
a.
At the
time an employee is making their vacation period selection,
the
employee may elect to take up to one week of their vacation,
two
(2) weeks if eligible for 5 weeks of vacation, of their
vacation
eligibility on a single day or half day basis. The choice of
vacation time periods shall be noted on the vacation schedule.
b.
Subject to
the demands of the service and upon the basis of the
earliest request to the employee's immediate supervisor, an
employee
may request to change previously scheduled single day and half
day
vacation. Notice of not less than forty-eight (48) hours must
be
made for any request for single day and half-day vacation time.
19.12 Vacations will ordinarily begin on
Sunday and end on Saturday. An employee
may not
schedule nonconsecutive vacation periods so as to encompass
more
than three
(3) authorized holidays which are subject to rescheduling as
"in lieu"
days. The pay treatment to be accorded for an authorized
holiday
falling
within a vacation period shall be as provided in Article 18.5
Paragraphs
a and b.
19.13 Vacation Banking
a.
Employees
eligible for three (3) or four (4) weeks of vacation may
bank up to one (1) vacation week for each vacation year;
Employees
eligible for five (5) weeks of vacation may bank up to two (2)
vacation weeks for each vacation year.
b.
Vacation
time must be banked in full forty (40) hour increments.
c.
Banked
vacation will be paid at the employee's basic rate of pay at
the time the vacation is taken.
d.
Banked
vacation may be accumulated from year to year, in compliance
with the stipulations of this Section.
e.
When an
employee resigns with proper notice, is laid off or retires,
the banked vacation will be taken prior to the respective date
of
resignation, layoff or retirement.
f.
Employees
terminated for cause will not forfeit banked vacation.
g.
The
employee's request to bank vacation time must be received by
December 1 of the vacation year.
h.
Banked
vacation cannot be scheduled to be taken until all applicable
employees have chosen their regular, single day and half day
vacation for that year.
i.
The
maximum-banked vacation will be five (5) weeks.
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19.14 Vacation Pay
a.
Full-time
employees shall be paid during their vacation periods at
their basic wage rates.
a.1 Part-time
employees shall be paid vacation pay at their basic
wage rates, based upon their average scheduled work week
computed from the six (6) month period immediately preceding
their vacation period
b.
Differential and/or premium payments will be included in
vacation
pay if the differential and/or premium was in full effect for
the
four (4) weeks prior to the vacation.
c.
For the
purposes of determining vacation eligibility, regular
part-time employees shall accumulate vacation eligibility on
the
basis of continuous service.
ARTICLE 20
WORKING PRACTICES
20.1 Working practices applicable to
Customer Services or a combination of
these
services, to which the Company and the Union have mutually
agreed,
are so
indicated by appropriate service designation within the
Sections
and
Paragraphs of the Articles of this Agreement. Those Sections
and
Paragraphs
of the Articles of this Agreement which bear no designation
limiting
their application to a particular service or combination of
services shall be
considered as applicable to all services covered by this
Agreement.
Such practices shall remain unchanged and in full force and
effect for
the duration of this Agreement.
20.2 Any working practice or condition
not contained in this Agreement shall
not be
changed to the detriment of the employees covered by this
Agreement.
20.3 Inclement Weather.
a.
When
employees report for duty and because of inclement weather are,
in the opinion of the supervisor, unable to perform their
regular
duties, they shall be assigned such other work as may be
available
in order that their time may be profitably utilized. If no such
duties are assigned, they will be paid for the time off,
provided
they remain available for service or are specifically excused by
the
supervisor.
20.4 Productive Work by Management
a.
The
Company acknowledges a general policy and intent that
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<PAGE>
supervisory personnel will not be expected to do substantial
productive work of the same type and nature as normally
assigned
subordinate employees within the bargaining unit.
b.
It is
understood that the exercise of supervisory responsibilities
can involve duly limited performance of productive work under
the
following circumstances: to acquire and maintain knowledge and
skills of equipment and procedures for effectively directing
the
work of subordinates; to perform such inspection and testing as
may
be necessitated to evaluate quality and quantity of work
performed
by subordinates, or to determine what, if any, work needs to be
performed by subordinates; to acquire and practice the skills
necessary for Civilian Defense or other public emergency; to
meet
service emergencies; to accomplish appropriate training of
employees; to teach and enforce safety practices; to perform
such
other work as may be necessary to meet the service requirements
of
the Company when an appropriate nonsupervisory employee is not
available, or cannot be reached for assignment; or when the
supervisor already is on the site for other management purposes
and
the correction of an existing difficulty entails such limited
effort
that customer service is facilitated and the calling out of a
non-supervisory employee would not be supportable by the
circumstances.
20.5 Temporary Assignments Away from
Headquarters
a.
Located
employees, who are assigned to work locations away from
headquarters, excluding Company school attendance, may, at
employee
request, be returned to headquarters at Company expense once
each
three (3) weeks for personal time at home.
b.
This
provision will not be applicable under circumstances that the
employee has accepted temporary relocation, with or without
reclassification, in lieu of layoff at the employee's
headquarters
location.
c.
Whenever
there exists a service emergency, the three (3) week period
will not operate to limit the Company in taking actions
appropriate
to the circumstances. In such events, the return to
headquarters
will be as expeditious as circumstances then existing will
permit.
d. Whenever normal work
can be completed within a fourth week, the work
circumstances shall be controlling except that the period away
from
headquarters shall not exceed four (4) weeks except in service
emergencies.
20.6 Temporary Assignments Outside
Assigned Plant Area
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a.
Employees
may be assigned temporarily to work at other places, but,
while so assigned, they retain status as of their principal
location, including wage treatment.
b.
The
Company will provide at least two (2) calendar days advance
notice of such assignment under circumstances that no service
emergency exists.
c.
Whenever a
service emergency exists wherein the Company decides that
direct action is required, notice given will be that which is
consistent with the circumstances then existing.
d.
The
advance notice specified in this provision does not apply under
circumstances that the employee will return to headquarters the
same
day.
20.7 Use of Employee's Motor
Vehicles
a.
Employees
will not usually be called upon to make use of their
personal vehicles in connection with their job duties.
b.
Whenever
employees should be requested to use their personal vehicle
in connection with job duties or whenever they may so use a
personal
vehicle upon their request with Company permission granted, the
Company will reimburse the employees for such use at the
Company
policy rate determined on the direct route mileage between the
respective points of travel. This rate shall not be less than
maximum allowable I.R.S. rate per mile for this contract
period.
ARTICLE 21
SAFETY PRACTICES
21.1 Safety is a concern of the Company
and the Union. The Company and the
Union mutually recognize the need
for a work environment in which safe
operations
can be achieved in accomplishing all phases of work, and the
need to
promote full understanding and acceptance of principles of
safety
on the
part of all employees to provide for their own safety and that
of
their
fellow employees, customer and the general public.
21.2 There shall be a Safety Committee
in each division composed of members
appointed
by the Company and the Union (maximum of three (3) from each
unless
mutually agreed otherwise) which shall normally meet at least
monthly by
conference call for outlying areas to discuss and cooperate in
the
application and enforcement of safe work principles and
practices.
Federal,
State, and Municipal laws or regulations that are in force in
the
locality
where work is being done shall be complied with at all times.
35
<PAGE>
21.3 Any employee may submit to his/her
supervisor or the Safety Committee
comments,
concerns or suggestions relating to safe working conditions,
accidents
or injuries.
21.4 The Company agrees to furnish
protective clothing necessary to inhibit
unreasonable damage or deterioration of clothing due to caustics,
etc.,
i.e.,
apron style protectors for cable splicers handling jelly-filled
cable.
21.5 The Company shall provide to
employees, when necessary, rubber gloves for
the safe
performance of their job assignment.
21.6 In cases of emergency or disaster
when employees are required to work in
inclement
weather, the Company shall provide if available the necessary
slickers
and rubber foot covering.
21.7 The Company shall supply rubber
aprons where necessary for employees
working
around batteries in central offices.
ARTICLE 22
TOOLS AND EQUIPMENT
22.1 The Company will furnish to new
employees, and on a replacement basis to
present
employees, all tools and equipment necessary for the proper
performance of the job. The Company will specify the quantity,
kind, type
and make
of all such items to be furnished. No tools or equipment other
than those
furnished by the Company may be used unless specifically
approved
by the supervisor. Any such tool or equipment allowed will not
be
replaced
by the Company or at Company expense.
22.2 All tools and equipment furnished
by the Company will be charged to the
employee,
and the employee will be held responsible.
a.
Employees
who are furnished tools and equipment will be held
responsible for the proper use, care and maintenance of these
items,
and will be held to an accounting of all tools and equipment at
the
time of replacement thereof, or upon termination of employment
with
the Company.
22.3 The Company will replace all tools
and equipment that are broken and/or
worn-out
through normal wear, except those not specified as standard by
the
Company.
a.
Tools and
equipment that are lost or mistreated to the extent that
they are no longer usable will be replaced by the Company,
except
those not
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specified as standard by the Company; however, the employee
responsible for the items may be required at the discretion of
management to pay for them, and will be billed accordingly.
22.4 The Company reserves the right of
inspecting all tools and equipment at
any time
and condemning for further use any tools and equipment which
are
worn out
or unfit for further use or any tools and equipment not of the
kind, type
or make furnished by the Company.
ARTICLE 23
JOB TITLES OF EMPLOYEES AND
CHANGES IN ASSIGNMENT
23.1 The job title classification, to
which any employee is assigned Under this
Agreement,
will be in accordance with the preponderance of work duties
they are
called upon to perform as related to the nature of the duties
attributable to the particular job title classification.
a.
The
foregoing does not preclude an employee being called upon to
perform work not usually performed, nor does it preclude
temporary
assignments in a higher or lower job title classification.
b.
An
employee under consideration for reclassification to a higher
or
lower job category may be required to work in the other job for
a
period not exceeding one (1) month without formal
reclassification.
Such temporary assignment involves consideration for
reclassification, and opportunity for observation of the
employee's
knowledge, skills and other qualifications, to perform the job
duties associated with the assignment under consideration.
c.
Employees
may be temporarily assigned out of their own
classification for the purpose of receiving specific training
for
another position.
d.
None of
the provisions of the foregoing paragraphs a, b, and c shall
be applied in such manner as to negate the intents and
application
of Article 24, Job Application Procedure, nor of Article 13,
Seniority, Section 13.4, nor of Article 23, Job Titles of
Employees
and Changes in Assignment.
23.2 A supervisory employee who is
reclassified to a nonsupervisory position
outside of
the bargaining unit or who is transferred within the bargaining
unit shall
take their proper place in seniority among nonsupervisory
employees
covered by this Agreement according to their total number of
service
credits as listed on the Company's records.
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23.3 Employees Temporarily Assigned to
a Higher Classification.
a.
Except as
otherwise provided in this contract, any employee assigned
to a higher classification for one (1) full working hour or
more
shall be paid for the time worked on the temporary assignment
in
accordance with Section 4 or 6, which ever is applicable.
a.1
This Section
shall not apply to employees who are receiving
specific training for another position.
a.2 "Temporarily
assigned" shall mean an employee who works for at
least one (1) hour on a specific job assignment.
a.3 Applicable
differentials for work in the higher class as
described above shall apply.
b.
The
Company will not make assignments in such manner as to
constitute deliberate avoidance of wage rate readjustment by
virtue
of the one (1) hour preliminary period.
c.
Any
employee temporarily assigned to a higher classification in a
location other than their principal location, will be paid in
accordance
with Section 6 of this Article.
23.4 Wage Treatment Upon
Reclassification - Promotion
a.
Whenever
an employee is reclassified to a higher rated job, a
reclassification wage increase will be made. The employee's
wage
rate for the new assignment will be the higher schedule amount
which
most closely represents an immediate wage increase.
a.1 The amount
of wage increase as described in paragraph 23.4a
shall in no case be less than fifteen cents ($0.15) per hour.
a.2 For
employees on incentive compensation plans, other than TPA,
the amount of wage increase as described in paragraph 23.4a
shall in no case be less than seventy-five cents ($0.75) per
hour.
a.3 The adjusted
wage rate may not be more than the top rate for
the higher job.
a.4 The wage
rate of an employee reclassified to a higher schedule
job previously held would be determined either by placement on
the corresponding step position the employee was in when they
last held that position, or through the procedure set forth in
this Section, whichever is greater.
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b.
The date
for the employee's next wage progression adjustment, as
established within the previous job, is not to be disturbed by
the
reclassification. This date remains the date for the next
progression adjustment on the new job.
23.5 Wage Treatment Upon
Reclassification - Lower Job
a.
When an
employee is reclassified to a lower rated job, a
reclassification wage decrease will be made. The employee's
wage
rate for the lower rated job will be that lower schedule amount
which most closely represents a minimal wage decrease.
a.1 The adjusted
wage rate may not be less than the lowest rate
for the lower job.
a.2 When the
downward reclassification is to the immediately
preceding job assignment, and the action is taken within a
period of six (6) months, the employee's wage rate treatment
will be the same as though the original upward
reclassification had not occurred.
23.6 Wage Treatment Upon
Reclassification - Lateral
a.
When an
employee is reclassified to an equally rated job (lateral)
within the same Exchange Wage Classification Area, the current
wage
rate would remain in effect until normal progression provides for
a
higher amount.
b.
When an
employee is reclassified to an equally rate job (lateral) or
transferred in the same job title classification from one
Exchange
Wage Classification Area to another, the following procedure
will
apply:
b.1 The employee
will be placed at the corresponding wage schedule
step position in the new Exchange Wage Classification Area.
b.2 Whenever
such transfer is made for Company convenience, the
employee's original wage rate will be protected should the
determined new rate be lower. In such event, the original rate
will remain in effect until normal progression on the
applicable wage schedule provides for a higher amount.
b.3
The exception in
paragraph b.2 shall not apply when the
transfer is for the employee's convenience, such as being a
successful bidder or requests for transfer for personal
reasons.
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b.4 When the
transfer is arranged as the result of a force
adjustment, the employee's basic wage rate will be reduced
incrementally until it reaches the appropriate step in the new
Exchange Wage Classification Area.
ARTICLE 24
JOB APPLICATION PROCEDURE
24.1 Whenever there is an approved job
vacancy within the bargaining unit, the
Company
agrees to utilize the job application procedure hereinafter
described.
a.
Jobs will
be posted for a period of seven (7) working days on the
intranet and an Interactive Voice Response Unit (IVRU). The
Company
will make an effort to post on Company Bulletin Boards within
each
District.
a.1. The parties agree
that the intranet and IVRU are the methods
employees will use to nominate themselves for a vacancy. A job
not posted to Company Bulletin Boards does not absolve the
employee's responsibility to use the aforementioned methods.
b.
Employees
may apply for an unlimited number of posted vacancies at
any given time.
c.
The
appropriate application must be completed by the employee and
forwarded to the responsible Division Human Resources Manager on
or
before the posting close date. The posting close date will be
included on every posting. Applications must be received by the
Division Human Resources Manager on or before the posting
close.
c.1 All
applications must indicate the requisition number of the
posted vacancy for which the employee is applying. The
requisition number is available on the intranet and IVRU for
all postings.
d.
Employees
must submit a separate application for each and every
posted vacancy for which they are interested. Employee
applications
will only be valid for the specific requisition number indicated
on
the application and will not be valid for any other vacancies.
e.
Employees
will not be eligible candidates for vacancies in their
current job title within the same exchange and department.
f.
Employees
who refuse a position offered through the job posting
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<PAGE>
procedure can be considered for future vacancies within the same
job
title/location. The employee must apply for each vacancy they
are
interested in as it occurs.
24.2 Interdepartmental lateral job
placements will be contingent upon there
being no
material disruption to operations within the department from
which the
employee would transfer. In the event that immediate job
placement
is denied an otherwise qualified employee for such reason, the
employee
shall be afforded transfer consideration at the earliest
opportunity thereafter.
24.3 In the selection of employees for
transfer, seniority will govern if all
other
qualifications of the employees are substantially equal, except
that
when a
current under-utilization study indicates a deficiency, then
affected
class members of the unit whose ability and qualifications are
sufficient
shall be given priority.
24.4 Under the application procedure,
seniority shall be the deciding factor,
insofar as
the ability of the employee and the conditions of the business
will
permit, in filling vacancies through the application procedure.
a.
Candidates
for job vacancies for Outside Plant Technician and
Graphics Operator in the Engineering & Construction Department
will
be evaluated in the light of engineering aptitudes and skills
over
and above plant craft skills.
b.
When a
transfer is made from one (1) location to another at the
request of the employee, all expenses of the move will be paid
by
the employee.
c.
When a job
vacancy is filled by the Company, candidates will be
considered in the following priority order:
c.1 Employees
with preferential placement rights (employees who
are either surplus, laid off, or have medical restrictions).
c.2 Employees
who submit a valid application for a posted vacancy.
c.3 New
hires
d.
Should no
qualified employee submit an application or should no
valid application be received for a job vacancy, the Company
may
fill the vacancy.
d.1 The Company
will consider employees, in seniority order, who
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<PAGE>
have filed invalid application requests at the time the
vacancy is effective.
24.5 It is agreed between the parties
that "shopping around" will not be
condoned.
a.
Employees
who have accepted positions on Wage Schedule HH, within
the thirty-six (36) months preceding the date of a later
vacancy
will not be considered for transfer.
b.
Employees
who have accepted positions of Cable Splicer, Customer
Zone Technician II, Customer Service Representative, or
Business
Account Representative, within twenty-four (24) months preceding
the
date of a later vacancy will not be considered for transfer.
c.
Employees
who have accepted positions other than those mentioned in
24.5 a, b above, within 18 months preceding the date of later
vacancy will not be considered for transfer.
d.
These
limitations shall not apply to an employee force adjusted
under Article 26 to the extent that the employee is seeking to
retreat to the position from which the employee was force
adjusted.
Nor shall the above limitations apply to employees
involuntarily
moved fifty (50) miles or less under the provisions of Article
26.1.a.
24.6 The Company will notify selected
employees of their selections within ten
(10)
calendar days. The Company will also notify within that time
frame
any
employee or employees of more seniority than the employee
selected
together
with the reason or reasons why they were not selected. A copy
of
this
notification will also be sent to the Union.
24.7 The parties recognize that there
may be times when a distress transfer or
reclassification must be made. The problem shall be resolved by
mutual
consent of
the Company and the Union. The employee involved shall pay all
moving
expenses, if any, but with no loss in regular scheduled "basic
wages" for
reasonable travel time as determined by the Company.
ARTICLE 25
BOARD AND LODGING
25.1 Located employees may be, from
time to time, temporarily assigned by the
Company to
work or attend meetings or schools in a town other than the
town in
which they are located.
25.2 The daily allowance (per diem) for
such temporary assignments of one (1)
full tour
or more is listed in paragraph 25.3 below. The per diem
allowance
does
42
<PAGE>
not apply
to temporary assignments of less than one (1) tour. In cases
where the
temporary assignment continues for two (2) or more consecutive
tours,
whether or not the employee worked part of the first tour at
the
employee's
normal town location, the employee is eligible for the
applicable
daily allowance. On the last day of the assignment, the
employee
will be eligible for an incidental meal allowance of eight
dollars
($8.00) plus round trip mileage, if applicable.
25.3 The qualifying distance for per
diem will be the one-way highway distance
by
shortest direct route between the employee's normal work location
and
the
temporary work location.
<TABLE>
<CAPTION>
DAILY ALLOWANCE
DISTANCE
AMOUNT
--------
---------------
<S>
<C>
Over 0 and up to 20
$ 6.50
Over 20 and up to 40
$ 24.00
Over 40 and up to 60
$ 32.00
Greater than 60
$ 38.00
</TABLE>
25.4 When an employee is assigned to a
distant location as outlined in
paragraph
25.2 and the use of the employee's personal vehicle has been
authorized
for this purpose, the employee will be granted a mileage
allowance
for round trip mileage from the normal work location to the
temporary
assignment location on the last day of each such assignment at
the Valor
Telecom, LP policy rate. This will be in addition to the
applicable
per diem allowance on the first day of the assignment. This
rate shall
not be less than the IRS maximum allowable rate.
25.5 Employees assigned to a temporary
location forty-five (45) miles or more
from their
headquarters location for seven (7) continuous days will be
entitled
to reimbursement for reasonable receipted laundry expense,
excluding
dry-cleaning.
25.6 On assignments to temporary
locations of more than forty-five (45) miles
from the
employee's normal headquarters location, employees may elect,
at
their
option, to receive actual expenses for company designated
lodging
and
reasonable meal costs in lieu of per diem.
25.7 Traveling time spent by an
employee as part of their principal job duties
shall be
treated as hours worked.
a.
The time
shall be inclusive between the limits of when the employee
reports for work for the day, as required, and when released
from
work at the end of that day, mealtime excluded.
43
<PAGE>
b.
The time
commences when the employee reports for work at the
designated place and time, and ends when released from duties,
mealtime excluded.
25.8 Time spent by an employee, under
Company direction and in line of assigned
job
duties, as driver or passenger of a Company motor vehicle while
going
to or from
a work location shall be treated as working time, meal time
excluded.
a.
Whenever
an employee is directed to, or is authorized to use a
personal motor vehicle in lieu of a Company-assigned motor
vehicle,
travel time shall be paid as specified in paragraph 25.8.
25.9 Traveling time spent by an
employee, under Company direction and in
connection
with their job duties, by means of public transportation
facilities, will be compensated as work time, but not in excess of
eight
(8) hours a
day.
a.
On
scheduled workdays, compensation will be for the time spent in
traveling that falls within the limits of the scheduled work
hours,
mealtime excluded.
b.
On
nonscheduled workdays, compensation will be for the time spent
in
traveling that falls within the limits of those hours that
correspond to a normal scheduled workday. In event of question as
to
what constitutes corresponding scheduled hours, the work day for
a
full-time employee shall be presumed to include eight (8)
hours,
8:00 A.M. to 5:00 P.M.
c.
Should the
employee elect alternatively to travel by means of
personal motor vehicle as a matter of convenience, and the
Company
consent be granted, traveling time will be compensated as though
the
employee had traveled by offered public transportation
facilities.
25.10 Traveling time spent by an employee,
by reason of Company-required
attendance
at Company schools or conferences, shall be compensated as work
time under
the provisions of paragraphs 25.8 or 25.9, as the case may be.
25.11 There shall be no reduction in
scheduled hours on a scheduled work day by
reason of
traveling under Company direction for Company business.
25.12 Compensable travel time on a Sunday
shall be paid at time and one-half as
prescribed
for Sunday tours in Article 16.2, however, such time shall not
be
considered when determining weekly overtime.
25.13 The provisions of Article 16.2, are
applicable to Sunday travel time only
when such
time is spent in direct connection with performance of
immediate
job
duties.
44
<PAGE>
25.14 When an employee has elected to
receive actual meal expenses, a meal
allowance
shall be paid as follows:
<TABLE>
<CAPTION>
<S>
<C>
Breakfast $ 6.75
Lunch $
8.50
Dinner $15.00
</TABLE>
The above
daily allowance will be paid to employees temporarily assigned
over sixty
(60) miles, except absentees, for Saturdays, Sundays, holidays
or
scheduled days off when the employee works the last scheduled
tour
preceding
and the first scheduled tour following the scheduled day(s)
off.
25.15 The term "absentee" used in paragraph
25.14 above shall mean:
a.
Any
employee who does not work on a scheduled day off and who is
absent the scheduled work day preceding or the scheduled work
day
next following the scheduled day(s) off.
b.
Employees
described in 25.15.a above may have the absence excused at
the supervisor's discretion.
25.16 Employees assigned qualifying duty
for per diem who are not able to work
because of
illness or injury will continue to receive per diem while
temporarily incapacitated, provided they are actually staying
overnight
and
incurring expenses. Employees hospitalized or at home during
the
disability
will not continue to receive the per diem while away from the
job.
25.17 When fluctuations in distance from
home headquarters occur during a
temporary
assignment, the daily per diem will be paid according to the
distance
from home headquarters at the end of each tour.
25.18 Employees will be reimbursed for
evening meal expenses of nine dollars and
fifty
cents ($9.50) if the employee works in excess of eleven (11)
hours
that day
without a meal break during the last session. Employees on 4x10
schedules
are required to work in excess in thirteen (13) hours to
receive
the
evening meal allowance.
a.
This
section shall not apply to employees receiving per diem
expenses, to employees eligible for an evening or night premium,
or
if a reasonable meal is furnished at Company expense.
25.19 Under no circumstances will the per
diem allowances set forth in
paragraphs
25.3 and the evening meal allowance in paragraph 25.18 be paid
for the
same
45
<PAGE>
day.
25.20 When the Company elects to furnish
transportation and employees travel
from the
headquarters location to a temporary location and return to the
headquarters location within the scheduled tour or during overtime,
no
daily
allowance will be paid as set forth in paragraph 25.3; however,
travel
time shall be treated as time worked in these cases.
a.
In the
case of employees assigned to a temporary location forty-five
(45)
miles or more from the headquarters location under
circumstances where there are no suitable commercial lodging
facilities within a ten (10) mile radius of the temporary
location,
travel time to and from the nearest suitable lodging shall be
considered as time worked. In this circumstance, the per diem
allowance prescribed in paragraph 25.3 would be continued.
Additionally, if use of a personal vehicle has been authorized
for
the temporary assignment, the mileage allowance would also be
applicable to and from the lodging site.
25.21 Transportation to each distant
temporary assignment location will be
furnished
by the Company, and at its option may be either by Company
vehicle,
public conveyance, or in lieu thereof, by paying a mileage
allowance
at the Valor Telecom, LP policy rate when the use of an
employee's
personal vehicle has been authorized as covered in paragraph
25.4.
a.
Employees
authorized or requested by the Company to use their
personal vehicles at distant locations for Company business
activities will be reimbursed for miles driven in such activities
at
the Valor Telecom, LP policy rate. This rate shall not be less
than
the IRS maximum allowable rate per mile for this contract
period.
25.22 The one-way highway distance by the
shortest reasonable direct route will
be used by
the Company in computing mileage allowances. Reimbursement of
turnpike
tolls will be made to employees electing to receive actual
expenses.
25.23 Under no circumstances will a located
employee qualify for per diem or
mileage
allowances by being temporarily assigned to a facility other
than
the
employee's normal work facility which is located in the same town
or
exchange
in which the employee is located or resides.
25.24 In the event an employee on temporary
assignment becomes subject to
disciplinary action requiring suspension without pay, the employee
would
receive
per diem compensation as determined by Company management,
based
on the
circumstances of each individual case.
a.
For
suspensions of one (1) day or less, there will be no
interruption in per diem payments.
46
<PAGE>
b.
For
suspensions of more than one (1) day when the employee has not
been authorized the use of a personal vehicle, and return to
the
headquarters location would be inconvenient in the judgment of
Company management, the employee will be authorized the
appropriate
per diem allowance for the period of the suspension, or until
it
becomes convenient to return the employee to the headquarters
location, if that should occur before the end of the
suspension.
c.
For
suspensions of more than one (1) day when the employee has been
authorized use of a personal vehicle, the employee may be
granted
the applicable incidental meal allowances and the mileage
allowance
on the first day of the suspension. If return to work location
requires travel on the last day of suspension, the employee would
be
eligible for applicable per diem for that day.
25.25 The Company recognizes that there may
be certain special circumstances
that make
it impractical to apply the per diem described in paragraph
25.3.
Examples of these cases are when travel for training or other
purposes
is to distant high cost locations outside the boundaries of the
Company,
or when unusual conditions such as tornadoes or hurricanes in
the
area
temporarily assigned have temporarily created substantial
increases
in room
and board expenses. In these cases, and others determined
qualifying
by the Company, as well as special cases where an employee is
required
to spend the night at a location less than forty-five (45)
miles
away from
the employee's headquarters location, the Company retains the
right to
shift to an actual expense form of reimbursement.
ARTICLE 26
FORCE ADJUSTMENT
26.1 Force Adjustment means a directed
reduction in the number of employees
working in
any given job title classification, in any division or
exchange,
as against the currently prevailing level.
a.
The
provisions of 26.1 do not apply to an exchange if employees are
offered a job within their title classification in an exchange
that
is located fifty (50) miles or less from their existing
exchange
within their district.
b.
A Force
Adjustment results from a reduced need in quantity of
scheduled productive work hours by reason of technological
change,
altered market requirements for services or products, shifts in
general economic conditions, or other similar factors that may
influence the conduct of the Company's business.
47
<PAGE>
c.
Variations
in the scheduling of regular part-time employees does not
constitute a Force Adjustment.
26.2 Temporary Force Adjustment means a
force adjustment that is local in
nature and
without immediately identifiable long-term effects.
a.
A
temporary force adjustment is a layoff of forty-five (45) days,
or
less, and involves incidental variances in immediate work
requirements.
26.3 Force Surplus means those regular
employees whose status is changed by
reason of
a Force Adjustment.
26.4 Laid-Off Employees are those
regular employees whose active employment is
terminated by reason of a
force adjustment.
a.
Laid-Off
Employees are "employees" only with regard to recall rights
set forth within this article. They are at liberty to secure
other
employment without loss of prescribed recall rights.
26.5 Unless otherwise specified, or
mutually agreed upon by parties to this
agreement,
force adjusting will be by job title classification(s) in each
Department
affected, and within the exchange, or division, as the case may
be.
26.6 Temporary force adjustments will
be made on an immediate basis according
to the
needs of the business and the jobs directly concerned.
a.
The
provisions of Article 13.2.a, Seniority, will apply in
temporary
force adjustments.
26.7 When a force adjustment, that is
other than temporary, is considered
necessary
by the Company, layoffs will be accomplished in the following
order to
the extent needed within each Department and location.
a.
Occasional
and/or temporary employees
b.
Probationary employees
c.
Regular
part-time employees
d.
Regular
employees with less than twelve (12) months' net credited
service.
26.8 In the sequential laying off of
regular part-time employees, and of
regular
full-time employees with less than twelve (12) months' net
credited
service, order of seniority will not be solely governing but,
other
factors being equal, inverse
48
<PAGE>
seniority will be followed.
a.
A major
factor in the determination will be the employee's exhibited
relative qualifications for the job and for the Company's
projected
force needs.
b.
Part-time
employees who have been available for, and ready to
accept, full-time employment will have superior privileges for
retention of employment over those who are part-time by their
own
choice and/or availability.
26.9 In the event that additional
layoffs, or part-timing, or both become
necessary,
the Company and the Union may negotiate a plan for further
procedure.
a.
Such
negotiations in process shall not serve to prevent the Company
from reducing its forces during the interim period, at least on
a
temporary basis pending development of an alternate plan.
26.10 If no call is made for negotiations,
or if agreement as to a mutually
accepted
final plan cannot be achieved within fifteen (15) calendar days
after
commencement of negotiations, force adjustments will be effected
to
the extent
needed, by inverse order of seniority in the affected job title
classifications.
26.11 Employees outside the collective
bargaining unit, who are entered into the
bargaining
unit as a result of a force adjustment, shall take their proper
place in
seniority among bargaining unit employees according to their
total net
credited service as established by Company records.
a.
The
employees so transferred will not be afforded exceptional
privileges but, rather, will exercise seniority on the same basis
as
other bargaining unit personnel for all purposes other than
bumping.
b.
During the first six (6) months
thereafter, such employees may
exercise bumping rights only to the extent of seniority
actually
developed by previous employment in the bargaining unit.
26.12 For the purposes of this Article,
employees absent from active employment
by reason
of disability and/or leave of absence shall be treated as
follows:
a.
When
sufficient seniority exists for retention of employment, the
employee's status is to remain unchanged pending otherwise
availability to return to active employment.
b.
When
insufficient seniority exists, the employee shall be subject to
layoff, the same as though the employee was actively at work.
49
<PAGE>
c.
Employees
on leave of absence, where under reinstatement is not
assured by the conditions of the leave, will be treated
similarly
but within the terms of the leave, and failure to attain
reinstatement shall not be construed as a layoff.
26.13 The Company will keep the Union
informed as soon thereafter as practical,
of
temporary force adjustments that exceed or are expected to exceed,
five
(5)
consecutive work days.
a. At least twenty-one
(21) calendar days' notification will be given
of expected full layoff of regular full-time employees.
b.
All
notifications will be directed to the designated office of the
Union by the Director of Labor Relations or the Division Manager
or
designated representative.
26.14 Any force surplus regular full-time
employee, or regular full-time
employee
who is force adjusted to regular part-time employee, having
more
than
twelve (12) months' net credited service, shall have job
transfer
and/or
"bumping" rights.
a.
Such
employee may file a transfer request as against a job vacancy
elsewhere in the Company.
b.
Transfer
may be to a vacant job within the bargaining unit in the
same title classification but in another location, in a
different
title classification at the same location, or in a different
title
classification in another location.
c.
If an
employee relocates to another work location as a result of a
force adjustment under the provisions set forth, such
reasonable
moving expenses will be borne by the Company up to an amount not
to
exceed three thousand five hundred dollars ($3,500.00).
Employees
who relocate as a result of "bumping", pursuant to this
section,
shall not be eligible for moving expenses.
26.15 In the application of bumping
privileges, the following area limitations
shall apply:
a.
Employees
having four (4) year's net credited service, or less, may
exercise their option within the same Department, and within
the
Division.
b.
Employees
having over four (4) years' net credited service may
exercise their option within the collective bargaining unit.
50
<PAGE>
c.
The Force
Adjustment Boundary is defined as the surplus employee's
headquarters division and one other division of their choosing.
d.
The
division to be the Force Adjustment Boundary must be selected
by
force surplus employees and communicated to their supervisors
in
writing within ten (10) days of notifications of layoff.
26.16 The privilege of displacing a less
senior employee to retain continuing
employment
is at the election of the employee subject to the following
considerations:
a.
Force
surplus employees not desiring to exercise their option, do
not prejudice their rights for recall from layoff under the
provisions of this Article.
b.
Advance
notification of desire to exercise their option must be
given by force surplus employees to their supervisors in
writing
within ten (10) days of notification of layoff. Employees
electing
not to exercise their option prior to layoff may not recover
the
privilege once they are laid off.
c.
A force
surplus employee may not exercise seniority so as to
displace another who is in a higher job classification.
d.
Neither
"shopping around" nor seeking of new job experience will be
permitted. The force surplus employee may not exercise bumping
elsewhere in the Division unless there is no reasonable
opportunity
to do so within the Exchange, likewise from the Division to the
Force Adjustment Boundary (as outlined in this Section) or from
the
Force
Adjustment Boundary to the bargaining unit.
26.17 Force surplus employees also may not
bump into a new job title
classification when there is opportunity to bump in their own
classification or into one previously occupied by them.
26.18 When the selected job requires the
force surplus employee to relocate, and
more than
one (1) choice of location is possible, the Company may
exercise
discretion
as to permitted location, or alternate locations, based on best
meeting
the needs of the business, giving due weight to the employee's
desires.
26.19 If the selected job is one previously
held by those employees, they must
be able to
perform the same job currently with but minimal time for
refamiliarization.
a.
If the
selected job is one not previously held by those employees,
they must possess sufficient qualifications of skill, aptitude,
experience,
51
<PAGE>
dexterity, and knowledge, in accordance with Company standards
in
effect at the time, so that the job can be performed with
minimum
additional training.
b.
So as to
avoid situations of employees of limited experience in
their title classification from bumping a more seasoned employee
in
that same classification, force surplus employees can exercise
their
full seniority only if they have two (2) or more years' work
time
spent in that job. If they elect to seek a job of lower
classification previously held by them, their time in both jobs
shall be additive for purposes of this provision.
c.
The least
senior employees in the job title classification shall be
the ones who are displaced and they, in turn, then become force
surplus and may exercise any privileges available to them under
this
Article.
26.20 The advance notification requirements
of this Article are not applicable
to such
displacements, but, rather, will be considered as a consequence
of
the
original force adjustment. However, it is intended that the
displaced
employees
be given best practical advance notification that they are
being
bumped.
26.21 Employees force adjusted under the
provisions of this Article who are
still in
active regular employment status shall have retreat rights if
the
original
job becomes open within twelve (12) months. Such employees will
be given
the choice of remaining where they are or returning to the
original
job.
26.22 When additions to the remaining work
force are required, laid-off
employees
will be offered reinstatement in order of seniority to the
extent
that the individual can do the work.
a.
Laid-off
employees shall be offered reinstatement before new
employees are engaged.
b.
The
Company is not obligated to recall former employees who have
been laid off continuously for more than thirty, (30) calendar
months. The Company will, however, give them preferential
consideration in rehiring upon application filed by the
individual.
c.
Net
credited service will continue to accumulate during the first
forty-five (45) calendar days of any layoff, but not
thereafter.
Seniority, however, will continue to accrue for not more than
thirty
(30) calendar months for purposes of recall from layoff.
26.23 Laid-off employees must keep the
Company informed of the address at which
they can
be reached.
a.
The
Company is not obligated to go beyond the address last given by
52
<PAGE>
the individual.
26.24 When the Company is prepared to
recall laid-off employees, a registered
letter or
a telegram will be directed to them at their last address on
record.
a.
Employees
shall indicate their acceptance or rejection in writing
within five (5) calendar days from the date of delivery of the
message at the given address.
b.
Employees
must be prepared to report to work within fifteen (15)
calendar days from date of delivery at the given address.
c.
Failure to
keep the Company posted as to an address at which they
can be reached, to indicate timely acceptance or rejection, or
to
report to work within the prescribed period, shall constitute a
forfeiture of further recall rights.
d.
Reasonable
exception may be extended when temporary personal
disability prevents timely acceptance of offered reinstatement.
In
such event the Company will decide whether to hold the vacancy
open
or to repeat the recall at the next suitable vacancy.
e.
Refusal to
accept recall to a job not similar in nature to the
normal occupation or work of the person shall not terminate
recall
rights. However, recall rights can be lost upon refusal to accept
an
offered comparable job assignment. (See also Article 28.11, a
and
b.)
26.25 In recalling after a force
adjustment, the Company will recall laid-off
employees
at each Exchange, or Division in order of their seniority.
a.
Employees
will be recalled for departments from which they were laid
off. If all positions within another department are not filled
following a recall of laid-off employees from that department,
then
it is the Company's intention to recall employees laid off from
other departments, based on seniority, ability, and
qualifications.
26.26 When laid-off employees are recalled
following a force adjustment, they
shall be
placed on the appropriate wage progression schedule in
accordance
with the
following:
a.
If the
same job title is available, they shall be placed on the same
position of the wage progression schedule they were on at the
time
of the force adjustment.
b.
If they
return to a lower rated job, or to a higher rated job, they
shall be considered as reclassified from their former job with
wage
treatment
53
<PAGE>
thereby as outlined in Article 23. This procedure will be
applicable, as well, when relocation is involved.
26.27 Vacations Pertaining to Force
Adjustment (See Article 19.10 - Vacation.)
ARTICLE
27
ABSENCE FROM DUTY
27.1 Voting. Employees are expected to
make every effort to vote during other
than
working hours. Any employee who on a day on which a National,
State
or Local
election is held is unable to vote due to the scheduled tour,
may
upon
adequate explanation at least 24 hours before the election day
have
his or her
schedule adjusted to allow at least three (3) hours either
before or
after such rescheduled tour to vote.
27.2 Jury Duty. Employees who are
required to serve as jurors shall be excused
from their
regular workday schedule each day they are required to report
for jury
duty, and they shall be paid at their basic wage rate for such
absence.
Employees who are scheduled to work an evening or night shift
will be
rescheduled to work a day shift effective the first day they
report for
jury duty. If employees are excused from such jury duty for all
or part of
a scheduled day, they shall promptly contact their immediate
supervisor
in person or by telephone for an assignment. Any monies, other
than
expenses, paid the employee by the court shall be integrated into
the
employee's
basic wage paid during that jury duty.
27.3 Witness Duty. Regular employees
who are required to appear as witnesses in
court
shall be excused from their regular workday schedule each day
they
are
required to report for witness duty and they shall be paid at
their
basic wage
rate for such absence. Employees who are scheduled to work an
evening or
night shift shall be rescheduled to work a day shift on each
day the
employee is required to serve as a witness. If employees are
excused
from such witness duty for all or part of a scheduled day, they
shall
promptly contact their immediate supervisor in person or by
telephone
for an assignment. Any monies, other than expenses, paid the
employee
by any source for acting as a witness shall be integrated into
the
employee's basic wage paid while being a witness.
27.4 Election Day Service. Any employee
who requests time off to serve in
connection
with a National, State or Local election shall be excused for
the entire
day without pay if the demands of service permit.
27.5 Death in Family. In the event of a
death in the immediate family, a
Regular
Full-time employee shall be granted time off without loss of
pay
for a
period not to exceed five (5) days. T
