GRIEVANCE RESOLUTIONS
DECEMBER '98-JANUARY '99
980601 (200 CSP) - unjust warning of dismissal for alleged customer
mistreat.
No agreement - Step II. No further action taken.
980652
(1472 Edinger) - FA's forced from San Diego to Tustin.
Resolved - Step II.
Mgmt agreed to issue 9 FACS Admin job requisitions. These job requisitions will
be submitted on a quarterly basis as follows: lst - 3rd qtr 1999 - 1 each; 4th
qtr - 2. lst - 4th qtr 2000 - I each. The only employees to be considered for
the reqs will be the employees displaced from the San Diego CSC to the Tustin
CSC, and they must be satisfactory in attendance and job
performance.
980763 (1452 Edinger) - Unjust P.D.P.
No agreement -
Step II. No further action taken.
980678 (1452 Edinger) - Unjust warning
of 1-day suspension for incidental absence.
No agreement - Step II. No
further action taken.
980815 (1998070044--GTE - 5832 Bolsa) - Unjust
denial of A.S. benefits.
No agreement - Step III. No further action
taken.
980846 (1998070063--GTE - 5832 Bolsa) - Denied
transfer.
Resolved - Step III. As a result of a Workers' Comp claim
settlement, work restrictions were lifted. Therefore, the grievant was allowed
to transfer back to the B.R.C.
980861 (Orangethorpe) - Mgmt moving work
to LFO in Gardena and refused employees' requests to follow.
Resolved - Step
I. Mgmt does not deem it necessary to offer the Buena park Data Specialists the
opportunity to follow some work to Gardena. Orange County employees will not be
declared surplus as a result of the move.
980867 (1472 Edinger) - Unjust
warning of a 2-day suspension for tardies.
Resolved - Step I. (1) If 1 year
from date employee maintains acceptable tardies, documentation will be removed;
(2) Mgmt will not remove warning at this time; (3) Mgmt will not suspend
employee if employee meets standards.
980877 (1472 Edinger) -
Termination-SBC Code of Conduct.
No agreement - Step III. Not referred to
arbitration.
980885 (200 CSP) - Abusive mgmt; failure to deal in good
faith; RD bypass.
Resolved - Step II. Based on allegations of lying to the
Union, intentionally bypassing RD's and displaying hostility towards others,
the Union requests that the mgr be evaluated by EAP. Company agrees to provide
this recommendation from the Union to the mgr's current second-level
mgr.
980925 (1472 Edinger) - Unjust 1-day suspension for tardies.
No
agreement - Step II. No further action taken.
980926 (1472 Edinger) -
Unjust warning of a 2-day suspension for tardies.
No agreement - Step
II.
980946 (1472 Edinger) - Improper pay treatment.
No agreement -
Step II. No further action taken.
980951 (1472 Edinger) - Refusal to
return vacation days that were covered by FMLA.
Resolved - Step II. (1)
Grant 4 unpaid excused days off, (2) Days need to be taken in full days, no
Mondays, and no Holiday weeks; (3) 10/9 will count as 1 day, currently coded
"A;" (4) Other 3 dates to be given to mgr; (5) Union will talk to employee
about her poor attendance.
980952 (200 CSP) - Termination for SBC Code
of Conduct.
No agreement - Step III. Not recommended for
arbitration.
980988 (1472 Edinger) - Mgmt failed to plan and evaluate
change in working conditions regarding Workers' Comp.
No agreement - Step
II. Mgmt would not agree to rescind a document; however, they agreed they need
to plan and evaluate on future issues.
981013 (1472 Edinger) - Seniority
bypass and violation of office agreement with CWA regarding in-charge
rotation.
Resolved - Step II. Mgmt agreed to follow rotation of in-charge
back up, but will consider sending mgr to anger mgmt training
class.
981043 (1472 Edinger) - Improper pay treatment, abusive
supervision, disparate treatment, and discrimination.
No agreement - Step
II. Mgmt is accommodating the employee's restrictions but will not pay for time
not worked. Employee has been offered the opportunity to make up her 15 minutes
of lost wages at the end of her shift. Mgmt also agreed to be proactive re:
ergonomic needs of the employee and will check with the Human Resource group to
ask what the plans are for 1999 ergonomic deployment.
981060 (1472
Edinger) - Failure to inform employee of monitoring session that was deemed
evaluative.
Resolved - Step II. These monitoring sessions will be removed
because they were not covered in a timely fashion; the mgr has been trained on
proper procedure.
981073 (1472 Edinger) - Mgmt failed to meet with a
steward on grievance 980906.
Resolved - Step II. Mgr wrote a letter of
apology to the steward regarding his failure to meet and provided a copy to the
filing steward.
981096 (1452 Edinger) - Misadministration of overtime
work opportunity.
Resolved - Step I. Mgr will be more consistent with
overtime offers. Mgr is now tracking acceptance and refusals of overtime
offers.
981100 (1472 Edinger) - Not dealing in good faith; failing to
offer union representation.
Resolved - Step II. In the future, CWA needs to
assign the stewards, not mgmt. Mgrs need to involve CWA in situations where two
reps are having an issue.
981101 (1472 Edinger) - Mgmt failed to treat
stewards with professional respect.
Resolved - Step I. Mgmt agreed to allow
time for stewards to make notes after meetings.
981107 (1472 Edinger) -
Misadministration of AUTS process.
No agreement - Step II. No further action
may be taken. AUTS is not an arbitrable issue.
981129 (1472 Edinger) -
Misadministration of overtime; failure to notify union of work leaving Tustin
BSC.
Resolved - Step II. The Company confirmed that no OT work was offered
in Torrance SBSC or any SBSC in place of an OT offering in Tustin. The Company
agreed with CWA that sharing information in order to notify, discuss, and
concur prior to any change in standard work practices is
beneficial.
981133 (200 CSP) - Mgmt failed to live up to two previous
agreements regarding tardies.
No agreement - Step II. No further action
taken.
981145 (199810006--GTE - 5832 Bolsa) - Unjust transfer
hold.
No agreement - Step III. No further action taken.
981158 (200
CSP) - Unjust pay treatment.
No agreement - Step II. No further action
taken.
981159 (200 CSP) - Unjust occurrence.
Resolved - Step II.
Employee will give up 12/12/98 as a V day. 9/21/98 will be re-coded as a V day.
Settlement is nonprecedent setting.
981160 (200 CSP) - Unjust counseling
for incidental absence due to unjust occasion.
Resolved - Step II. 9/21/98
was re-coded as a V day and counseling was removed. Documentation counseling
will be destroyed. Settlement is nonprecedent setting.
981182 (1265 Van
Buren) - Improper attendance coding.
Resolved - Step II. If the employee did
file an appeal with DAP, and if the denial of benefits was overturned by this
appeal, the Company would make the appropriate payroll coding adjustments upon
notification from DAP.
981186 (200 CSP) - Mgmt failed to provide a
hostile-free work environment.
Resolved - Step 1. Mgr will apologize to
grievant, and company reimbursed employee for her monetary loss ($2
breakfast).
981202 (1998100009--GTE - 5832 Bolsa) - Unjust 1.5-day
suspension for violation of company policy re: harassment/abuse.
No
agreement - Step II. No further action taken.
981257 (1472 Edinger) -
Unjust counseling for job performance.
No agreement - Step II. No further
action taken.
981258 (1472 Edinger) - Unjust warning of dismissal for
job performance.
No agreement - Step II. No further action
taken.
981280 (1998100004--GTE - 5832 Bolsa) - Unjust 2.5 suspension for
personal phone calls.
Resolved - Step III. The suspension will be reduced to
a memo if the grievant does not have any similar occurrences within 9 months
from the suspension, 6/30/99.
981307 (200 CSP) - Failure to deal with
CWA in good faith.
Resolved - Step I. Mgr will release stewards from now on
when requested. If mgr feels he may say no, mgr will confer with involved
steward to see if meeting can be rescheduled. Nature of meeting will be
deciding factor.
981308 (200 CSP) - Failure to live up to previous
agreement.
Resolved - Step 1. Mgmt will honor previous agreement and confer
with involved steward regarding a union release before denying it. Sometimes
mtgs can be rescheduled.
981324 (1452 Edinger) - Mgmt counseled employee
on DSO provisioning ckt logs.
Resolved - Problem solving. Mgr identified for
employee what expectations are with regards to logs on DSO provisioning
ckts.
981353 (1998110047--GTE - 5832 Bolsa) - Denied transfer.
No
agreement - Step III. No further action recommended.
981356 (1472
Edinger) - Obstructing results by interfering with work flow and
harassment.
Resolved - Problem solving. Mgr will send all snapshots with
Cheryl Sparks at the end of mssg as to not confuse anyone who is sending
messages.
981363 (1472 Edinger) - Mgmt forcing employee to take ADO for
day number 4.
Resolved - Problem solving. Mgr will give back
ADO.
981378 (1998110029--GTE - 7242 Slater) - Unjust memo regarding
OT.
Resolved - Step II. Memo will be reduced to a verbal warning. Settlement
is nonprecedent setting.
981384 (2280 Fairview) - Unjust suspension due
to accident.
Resolved - Step 1. Employee will receive 2 days back now; one
day back after six months, and the documentation will be destroyed after 1
year.
981396 (200 CSP) - Unjust occurrence.
Resolved - Problem
solving. Mgr will red circle occurrence of 11/18/98.
981397 (1472
Edinger) - Unjust 2-day suspension for incidental absences, unjust warning, and
unjust documentation.
Resolved - Step 1. Mgmt will return one day when the
employee meets standards.
981400 (200 CSP) - Unjust
counseling.
Resolved - Step I. If employee does not have any occurrences for
6 months, until 5/18/99, mgmt will re-counsel should there be an occurrence
between 5/18 and 7/18/99.
981402 (3925 Coronado) - Various unsafe
working conditions, i.e., building warden items and fire items.
Resolved -
Step I. (See paperwork for specific 8-item agreement.)
981403 (200 CSP)
- Violation of confidence in an investigatory meeting.
Resolved - Step I.
Mgr will write an apology to the employee.
981404 (200 CSP) - Stressful
working conditions.
Resolved - Problem solving. Employee will be returned to
her previous job assignment (LSC) from RSC que.
981405 (200 CSP) -
Abusive mgmt and disparate treatment.
Resolved - Problem solving. Mgr agreed
to let employee come to mgmt for help; mgmt will hold section meetings and
explain to runners and RD their duties.
981406 (200 CSP) - Harassment of
employee and violation of Code of Ethics/Conduct.
Resolved - Step I. Mgr
apologized to employee and will no longer use the term "anal
retentive."
981407 (200 CSP) - Disparate treatment.
Resolved - Step
I. Mgr is instituting new RD guidelines and policies in January. Will look into
team building EAP course for group. CWA did not authorize her new policy but
will see if it changes attitudes in group. Mgr will rotate RD
position.
981408 (CSP) - Stressful working conditions.
Resolved -
Problem solving. Employee will be allowed to return to previous job LSC) from
RSC que.
981410 (1998120030--GTE - 5832 Bolsa) - Discrimination.
No
agreement - Step I. No further action taken.
981412 (200 CSP) - Unfair
distribution of work.
Resolved - Step I. Mgmt will not assign PONs until
service rep is physically present. Mgmt will relay agreement to all mgrs and
scanners.
981414 (2280 Fairview) - Inadequate training.
Resolved -
Step 1. Employee will be put into the first available TAN class by 1/30. He
will also receive on-the-job training and a TAN book.
981451 (1472
Edinger) - Failure to show union steward proper respect.
Resolved - Step 1.
Mgr provided a written apology to CWA.
981463 (1998120035--GTE - 5832
Bolsa) - Mgmt unjustly implemented a new policy of issuing worksheet entries
for receiving a banyon without prior notice to CWA.
Resolved - Step 1. Mgmt
agreed to continue not writing employee worksheets for receiving
banyons.
981465 (200 CSP) - Unjust tardy and disparate
treatment.
Resolved - Problem solving. Mgr will red circle tardy of
11/24/98.
981485 (1472 Edinger) - Improper coding of bereavement and
failure to follow Article 6.05, A
Resolved - Problem solving. Mgr agrees to
give employee two days' AX time to make up for the V days employee used.
Employee can use one day on 12/30.
981486 (1452 Edinger) - Unjust 1-day
suspension, unjust warning for two-day suspension for incidental
absence.
Resolved - Problem solving. Mgr agrees to take back I day, make
employee whole, destroy documentation, and remove the warning of a 2-day
suspension.
981487 (1472 Edinger) - Unjust re-warning of 1-day
suspension for incidental absence.
Resolved - Problem solving. Mgr agrees
if employee goes until 5/20/99 without any additional occurrences or
disabilities, will remove warning and put her back to a counseling and destroy
documentation.
981488 (1472 Edinger) - Unjust warning of a 2-day
suspension for incidental absences.
Resolved - Problem solving. Mgr agrees
to remove 2-day warning and destroy the documentation. Mgr will put her back to
counseling status and cover her on it with CWA present.
981489 (1472
Edinger) - Unjust 1-day suspension for incidental absences.
Resolved -
Problem solving. Mgr agrees to remove 1-day suspension, make employee whole,
and will destroy documentation.
981490 (1472 Edinger) - Unjust
counseling for incidental absence and failure to deal in good faith with
grievant.
Resolved - Problem solving. Mgr agrees to change from "FMLA
review" to "attendance review." Also corrected "allergies" to 'migraines" in
document. Mgr agreed to provide union steward if employee requests one. Mgr
will also correct 1 1 /IO occurrence to show 4 days FMLA, not 6
days.
981493 (1472 Edinger) - Unjust fufl-day occurrence
10/7/98.
Resolved - Problem solving. Mgr agreed to remove occurrence from
10/7/98, excused unpaid.
981498 (19981200250--GTE - 5832 Bolsa) -
Training failure.
No agreement - Step I. No further action
taken.
981499 (1998120027 - 5832 Bolsa) - Harassment regarding unjust
worksheet entry.
Withdrawn without prejudice. Employee promoted to
mgmt.
990003 (1265 Van Buren) - Mgmt failed to deal properly with CWA by
refusing to meet on a properly presented grievance.
Resolved - Step 1. In
the future, mgmt will deal in good faith with the union reps.
990004
(1472 Edinger) - Warning of a 1-day suspension for attendance.
Resolved -
Problem solving. Mgmt agreed to remove and destroy the documentation and change
to a review.
990005 (1472 Edinger) - Unjust occurrence (jury duty) --
incidental absence.
Resolved - Problem solving. Mgmt agreed to remove the
occurrence dated 4/4/98 and destroy the related documentation.
990007
(1472 Edinger) - Unjust denial of physical therapy appointments.
Resolved -
Step 1. Mgmt agreed to grant appointment time relating to Workers' Comp issues
for physical therapy appointment, except Mon or Fri, unless employee can't get
another appointment.
990008 (1472 Edinger) - Work schedules incorrectly
dated 12/5/98 to 12/12/98.
Resolved - Problem solving. Mgmt agreed to
correct schedules dated 12/5 to 12/12/98 and redistribute to
office.
990010 (14451 Myford) - Unjust warning of a 1-week suspension
with one more occurrence, and unjust documentation.
Resolved - Problem
solving. Warning stands and the documentation will be removed 6 months from the
occurrence date.
990015 (1472 Edinger) - Failure to deal in good faith
on grievance 981462.
Resolved - Step 1. Mgmt will comply with Article 7 and
give CWA sufficient time to examine and question documents and Company
policy.
990017 (200 CSP) - Failure to abide by agreement with
steward.
Resolved - Problem solving. Mgr will return pay to
employee.
990023 (200 CSP) - Unjust counseling.
Resolved - Problem
solving. Mgr agreed that if no occurrences, disabilities, or leaves of absence
until 6/25/99, mgr will re-counsel.
990024 (200 CSP) - Unjust
counseling.
Resolved - Problem solving. If no further occurrences,
disabilities, or leaves of absence, mgr agreed to re-counsel after
4/27/99.
990025 (200 CSP) - Unjust written warning of
suspension.
Resolved - Problem solving. If no further occurrences,
disabilities, or leaves of absence until 4/l/99, mgr agreed to re-warn and not
move on suspension.
990026 (200 CSP) - Unjust counseling.
Resolved -
Problem solving. Mgr agreed that if no occurrences, disabilities, or leaves of
absence until 6/18/99, employee will be re-counseled.
990029 (1472
Edinger) - Violation of MCA and/or CPUC guidelines regarding administrative
monitoring within the Service Rep location at Tustin.
Resolved - Problem
solving. Rodney Brown will no longer have mgr do administrative monitoring and
do stand-up with reps monitored.
990031 (1472 Edinger) - Unjust
documentation on file regarding ERIC referrals.
Resolved - Problem solving.
Mgr agreed to note incident regarding ERIC referrals as a training
lead.
990032 (1999010009 - 5832 Bolsa) - Seniority bypass; mgr allowed
daughter (least senior) to work on a project on CT which was not related to her
department.
Resolved - Step 1. Mgr agreed not to utilize employees on CT
from outside Bus. Sales/Bus. Support until all available reps have been given
the opportunity to work the CT.
990035 (Torrance - SBC Center for
Learning) - Unjust warning of dismissal.
Resolved - Step I. Withdrawn. New
manager, Kelly Berg, agreed to remove the documentation and warning because the
incident happened in training.
990036 (Torrance - SBC Center for
Learning) - Unjust counseling.
Resolved - Problem solving. Mgmt agreed to
remove the warning and destroy the documentation. Agreement is nonprecedent
setting.
990048 (200 CSP) - Disparate treatment.
Resolved - Problem
solving. Mgr will provide employee with VM number and will allow employee to
choose her desk by the end of the week of 1/15/99.
990059 (1472 Edinger)
- Unjust warning of a 1-day suspension for incidental absence.
Resolved -
Problem solving. Mgr agreed to remove warning 2/5/99 and destroy documentation
10/20/99 if no add'I occasions before 2/5. Mgr also agreed to re-wam rather
than suspend if employee does have another occurrence before meeting
standards.
990060 (1472 Edinger) - Unjust tardy.
Resolved - Problem
solving. Mgr agreed to remove the tardy from 10/9/98 and will exclude it from
employee's attendance records.