Article 35.-Force Adjustment, Layoff, Part-timing and Rehiring After Layoff
SECTION 1. Whenever, in the judgment of the Company, there exists an occasion to adjust force because of technological change (defined as changes in equipment or methods of operation), or for reasons other than technological change, the Company shall determine the extent of the adjustment required, the effective date or dates thereof, and the job titles, work groups and localities affected. (This has been done)
SECTION 2. Prior to taking any steps under this Article
which may require part-timing, reassignment to lower paid job titles or
classifications, involuntary transfer which necessitates a change in residence
(i.e., to a work location which is at least thirty-five (35) miles farther from
his residence than the distance from his residence to his existing work
location), termination or layoff of regular employees, except regular term
employees, the Company, where Article 36A applies, shall offer the benefits
provided by such Article pursuant to the terms of, and to the extent authorized
by, said Article to eligible employees in the work groups and localities
affected. (This is the EISP offer)
SECTION 3. If, in the judgment of the Company, additional force
adjustments are required that may require part-timing, reassignment to lower
paid job titles or classifications, involuntary transfer which necessitates a
change in residence, termination
or layoff of regular employees, except regular term employees, the Company shall
give at least ninety (90) days notice to the Union of its intention to make
force adjustments and negotiate with the Union about the method or methods to be
used. If an agreement as to the method or methods to be used is not reached by
the Company and the Union within thirty (30) days from the date that the Company
notified the Union, the Company may then proceed as hereinafter outlined in this
Article. (Notification was given and talks are
continuing)
SECTION 4. Sixty (60) days prior to the effective date or dates
of the force adjustment the Company shall inform the Union of any job vacancies
which it determines are available to employees in the affected job titles, work
groups and localities. (done)
The Company shall offer those vacancies which it determines are available to the
affected regular employees, except regular term employees, (excluding those
vacancies in jobs which would result in promotions for the affected employees)
in seniority order, subject to the Company's determination of an employee's
ability to perform satisfactorily the work in the vacancy of his choice. An
employee shall have a maximum of seven (7) calendar days following the Company's
offer in which to indicate his choice with respect to the available
vacancy(ies). (preference sheet to employees Nov. 30
must return by Dec. 7 1st EISP) (2nd EISP Dec. 16 must return by Dec. 23)
(done)
(a) If pursuant to this Section an affected employee is reassigned to an
available job vacancy which requires a change in residence the Company shall
offer the employee the options provided in Article 23, Section 3.(b) If pursuant to Article 34, Section 2 an affected employee is selected for
and accepts a promotion to a job classification with a higher maximum rate at a
work location which requires a change in residence the Company shall offer the
employee the options provided in Article 23, Section 3, provided the Company
determines that such promotion will reduce the need to take any of the steps set
out in Section 5(a), (b) and (c) of this Article.
(c) If pursuant to this Section an affected employee is limited in his choice of
an available job to either: (1) a work location which requires a change in
residence; or (2) a lower paid job title or classification, except a job title
in an equivalent job
classification as defined in Article 23, Section 1(e), the employee may elect
not to accept such reassignment and shall be paid a termination allowance
pursuant to Section 7 of this Article. Provided, however, that if such employee
has five (5) or
more years of net credited service, he may also elect, within seven (7) days
prior to the force effective date, to claim the job of the employee having the
least seniority of all employees in all work locations within a thirty-five (35)
mile radius of the claimant's existing work location in the claimant's job
title, or any other job title in the claimant's classification which the
claimant has previously held. Provided further, however, that the claimant may
not claim a job unless the Company determines that he is able to perform it
satisfactorily and he is senior to the employee whose job is claimed.
(done)
(d) If an affected employee refuses or fails to accept a transfer in the same
job classification or in an equivalent job classification as defined in Article
23, Section 1(e) at a work location which does not require a change in residence
he shall receive no termination allowance. (done)
Contact info: 410 268-2107 or 2107@cwa-2107.org
11/17/09
Things to think about:
If you leave on a voluntary EISP you get 6 months of benefits unless already pension eligible. Your 401k is yours as is-there is no take-backs. If you are off the payroll the company will send you your pension information with options for you to chose. If you have 5 years service by January 30 you will have bumping rights. Bumping rights are strictly by seniority that is within a 35 miles radius of your location at this step. If you turn down a job offered to you-you are voluntarily leaving the payroll and not entitled to unemployment. If you are laid off you are entitled to unemployment.
Time Line (1st EISP)
November 4-30 day voluntary EISP opens
Nov. 9-District 2 received list of job potential openings
Nov. 30-Job preference sheets out
Dec. 3-EISP voluntary offer ends
Dec.7-preference sheet returned
Dec.20 EISP
voluntary off payroll date
Jan. 23-bumping begins (clerical)
Jan. 30 force effective date
We will keep this updated as often as we receive new information. I will be updating the steps above as they occur. This surplus has 303 CST's. There are other jobs affected including MA's and Clerks.
11/19/09
If you haven't checked out the Executive Level Grievances on the home page you should look at them. A couple of them are regarding this original Article 35 for CST's and MA's.
Verizon has just offered another EISP to all CST's that were not offered under the last EISP for CST's. Along with the EISP is the Article 35 language just as it was on the first one. The total numbers to leave the payroll did not change.
This 2nd EISP time line is:
Dec. 8 Mail out to employees
Dec. 15 Volunteer period begins
Dec.16 Canvass sheet out
Dec. 23 Canvass returned
Jan. 14 Volunteer period ends
Jan. 24 EISP off payroll date
Feb. 20 Force effective date
12/02/09
Maintenance CST's on the Article 35 list will be issued the canvass sheet and seniority list on 12-16 to be returned by 12-23. No new seniority list is going to be issued at this time. The job selection/offers will not begin until sometime after the Christmas holidays. The Union will only be involved in the job placements if there becomes an issue. if new jobs openings become available we will get the info to you...don't forget to go into the system and look for job openings that become available on a day to day basis. Consultant job's are regular consultant sales jobs not bilingual. To obtain study guides for jobs you want to apply for call 800 497-5465. If you are recalled within 6 months your time is automatically bridged, if it is beyond 6 months it will be bridged in 5 years. Verizon would have to make an exception to allow you to apply for employment at VCS, if there are job openings. At this time they do not allow previous employees to apply but they have made exceptions in the past. We don't have an answer on why the 122 jobs were reduced at this time.
12/03/09
Benefit Coverage if involuntarily terminated from the company is: less than 6 months you are covered until the end of the month that you are let go; 6 months but less than 5 years until the last day of the 3rd month you are let go; 5 years or more until the last day of the 12th month you are let go. If you take the EISP you receive 6 months continuation in benefits.
If you submit your EISP paper work you will not be able to rescind it. Pension information is: If employment is terminated with Verizon before completing five years of ERISA service and before normal retirement age, you are not entitled to a benefit from the Plan. To read further go to the home page to benefits, then Verizon benefits and scroll to the bottom of the page to the Pension SPD. For information on ERISA go to http://webapps.dol.gov/dolfaq/go-dol-faq.asp?faqid=225&faqsub=ERISA&faqtop=Retirement+Plans+%26+Benefits&topicid=4
When the first Article 35 was issued CWA met with Verizon and looked at the number of CST's who have bumping rights. Some had bumping rights but no one to bump within 35 mile radius. 129 would have bumped someone in I&M. When the second Article 35 was issued, the people that had bumping rights were removed from the list and now there will be no bumping of CST's in the 35 mile radius.
12/09/09
There shouldn't be any external job openings. If you find one in a newspaper or on a website please contact us ASAP so that we can check into it. Job openings at this time should be made available for the Article 35 people. Management recently returned three people to the bargaining unit. Because of this the company has agreed to increase the number of consultant job openings to accommodate three more surplus members.
The 2nd round of EISP's offer should be on their way to peoples houses. Any CST in Chris Childs' organization that does not receive a package should notify their supervisor immediately.
01/01/10
Nothing new has come in. Please keep us up to date if anyone brings you new information.
01/15/10
Workshops for resume writing and interviewing are being set up at Forest Drive and Waldorf garage. These will be held during the week of January 25. Sign up sheets will be posted. You MUST sign up so enough handouts will be available.
Meetings have continued between the Union and Verizon. Verizon gave the impression they will do their best to get rid of contractors but to date we have no validation it has happened. We will continue to investigate and pursue our legal options regarding all aspects of these Article 35 declarations.
We should know very soon (after January 14 EISP offer is tallied) how many people will be vying for the available jobs. Remember if you are offered a job and do not accept it you are self terminating.
01/19/10
We have been asked a few questions and here are the answers-The second canvas sheet is the total list of jobs available. The company is now in the process of calling people to offer them jobs they selected on their canvass sheet, if they are qualified for that job. The reporting date to the new location is February 1 and any training will be held at the new location. There are no retreat rights-this is a surplus condition, retreat rights are in RAMP. There is still no validation on contractors being let go. You will only be offered one job. If you do not accept a job that is offered to you, you will be removed from the payroll and considered by the company to have self terminated.
The Union and Company continued talks but the suggestions the union offered were not agreed to.
Resume Writing and Interviewing classes are being set up for Waldorf and Annapolis garages. Please contact Mike Parker in Waldorf or Shannon Opfer in Annapolis for more information if you are affected by the Article 35.
1/22/10
For those that did not return a canvass sheet or did not qualify for the selection they made, District 2 requested the company to make a second offer to the remaining jobs to members in seniority order. They advised that they were not staffed to do the additional canvass but would still allow any interested CST, stated above, claim one of the remaining unselected jobs. Locals are to contact their members. (We have contacted the six CST's in our local.) The jobs are located in the state of WV and are CST or COT jobs. This informal canvas is not a contractual requirement so at this point the company intends to assign the remaining jobs on a first come first serve basis. If you are interested, and you did not fill out a canvas sheet or did not qualify for the job you tested for you must call Angela Sposa on 804 772-1134 on Monday, January 25. Remember it is first come first served.
Construction to FiOS-Changing a technician's assignment from Construction to FiOS is not a violation of our contract. In the past, we have been successful in our demand that the company force these kinds of moves by inverse seniority and we usually won them over by showing they did not have a sound business argument. In this case, they refuse to send those junior technicians (post 2003) and invest in the training because the junior technicians are the targets of the next surplus.
In addition to the Construction CST's being forced to the FiOS work groups, another group of Construction CST's would be forced to core I&M. This second group moving to core I&M is senior to the first group. The company agreed today to take the total number impacted Maryland/DC Construction CST's and allow them to choose in seniority order which of the force moves they would prefer, either the move to FiOS work groups or the I&M core groups. In VA the moves from Construction are only to FiOS work groups.
1/29/10
Tomorrow is the off the payroll date for those not placed in available jobs were the company determined they were available. Exit interviews are to be done. Members will receive compensation for unused vacation.. They will receive a single ISP. Benefits end January 31 since the company considers this a voluntary separation. They will have recall rights pursuant to Article 35 Section 8. They will be required to sign an "Employee Separations Worksheet" in order to be paid final wages.
We will be challenging the single ISP payment as well as the "voluntary separation" from the payroll in an arbitration. Had these members been shown as "involuntary separation" many would receive medical benefits for an additional three months or longer depending on their service. These members can also apply for unemployment and the company has agreed not to contest it.