GRIEVANCE RESOLUTIONS
MAY '00-JUNE '00
If by chance you stumble on to this and you are a member from the GT Unit, ask yourself why there aren't any grievances filed on behalf of members who work for GT. Rest assured, the answer isn't because the company hasn't violated the contract!
991358 (200 CSP) - Unjust 5-day suspension - SBC Code of
Conduct violation.
Resolved - Step II. If employee goes to 12/25/00
with no other disciplinary action of any kind, the Company will pay back 2 days
of the suspension.
Merry Christmas from the Union
and the company who cut this deal for you!
991387 (200 CSP) -
Termination - SBC Code of Conduct violation.
Resolved - Step III. The
grievant will be considered "yes" for rehire if after 1 year of employment with
another employer the grievant meets work performance and attendance standards
of Pacific Bell.
[Key word in settlement was
'considered'] Would an employee who was fired, had to get a job at a 7-11 and
meet the performance and attendance standards of Pacific Bell (while working at
the 7-11) really want to give up their future at 7-11 and come back to Pac Bell
and the union that helped them like it did in this
example?
991388 (200 CSP) - Termination - SBC Code of Conduct
violation.
Resolved - Step III. The grievant will be considered 'yes" for
rehire if after 1 year of employment with another employer the grievant meets
work performance and attendance standards of Pacific Bell.
See above deal!
200099 (1452 Edinger) -
Misadministration of overtime.
No agreement - Step II. No further action
taken.
This means the distribution of overtime will
continue to be "misadministered"!
200100 (1452 Edinger) -
Misadministration of overtime.
No agreement - Step II. No further action
taken.
This means the distribution of overtime will
continue to be "misadministered"!
200170 (1452 Edinger) -
Unjust 30-day suspension for an alleged Code of Conduct violation and unjust
documentation.
Resolved - Step II. If employee goes 1 year from date of
incident without any similar incidents, the Company will pay back I week of
suspension, and documentation of suspension and warning of dismissal will be
removed.
What do you want to bet this member has
had about all the help he or she can stand"?
200208 (200 CSP)
- Unjust 5-day suspension and warning of dismissal - Code of Conduct violation.
No agreement - Step II. Not recommended for arbitration.
This means the grievance didn't go the the National (labor
relations) level to give them a chance to lose even
more?
200219 & 200220 (1472 Edinger) - Failure to notify
employee of new parking guidelines, and failure to notify employee of pending
tow.
No agreement - Step II. No further action taken.
How did the employee get home? Who took the employee to pick up
the car? How much was the impound fee? Did the employee get overtime while
waiting for a ride to the impound facility?
200242 (200 CSP)
- Termination - SBC Code of Conduct violation.
Resolved - Step III. The
grievant will be considered 'yes" for rehire if after 6 months of employment
with another employer the grievant meets work performance and attendance
standards of Pacific Bell.
[Key word in settlement
was 'considered'] Would an employee who was fired, had to get a job at a 7-11
and meet the performance and attendance standards of Pacific Bell (while
working at the 7-11) really want to give up their future at 7-11 and come back
to Pac Bell and the union that helped them like it did in this
example?
200247 (1472 Edinger) - Unjust counseling for incidental
absence.
No agreement - Step II. No further action taken.
200272
(1472 Edinger) - Unjust counseling for incidental absence.
No agreement -
Step II. No further action taken.
200273, 200274 & 200276 (2521
Michelle) - Unjust termination - Code of Conduct violation.
No agreement -
Step II. No further action taken.
Grievant didn't even
get a hearing at the final step!
200277 (13062 Euclid) - Call-out
procedure incorrectly followed.
Resolved - Step II. Mgmt will continue to
offer OT according to the contract.
If the call-out
procedure was incorrectly followed and the settlement says management will
continue to offer OT according to the contract does this mean that the Call-out
procedure was correctly followed?
200284 (1472 Edinger) - Unjust
occurrence.
No agreement - Step II. No further action taken.
Why?
200301 - 200303 (1472 Edinger) - Unjust
warning of a 1-day suspension for incidental absence.
No agreement - Step
II. No further action taken.
Why?
200303
(1472 Edinger) - Unjust warning of a 1-day suspension for incidental absence.
No agreement - Step II. No further action taken.
Why?
200319 (1472 Edinger) - Unjust occurrence;
unjust warning of dismissal for incidental absence.
Resolved - Step II. The
occurrence on 2/11/00 will be re-coded to PDL. The warning of dismissal will be
changed to a counseling, and the warning documentation will be attached to the
counseling documentation.
This was a major break
through!
200321 (1472 Edinger) - Failure to meet at a Step I
grievance, and disrespect to a union steward.
Resolved - Step II. A meeting
will be scheduled between the CWA stewaxd and the manager.
But will this give them respect?
200329 (200 CSP)
- Unjust 3-day suspension - SBC Code of Conduct violation.
No agreement -
Step II. No further action taken.
Because the
grievance was not taken to the 'labor relations' step does it mean the 3-day
suspension was just?
200330 (200 CSP) - Unjust 10-day suspension
and warning of dismissal - SBC Code of Conduct violation.
No agreement -
Step II. No further action taken.
Because the
grievance was not taken to the 'labor relations' step does it mean the 10-day
suspension was just?
200353 (1472 Edinger) - Unjust warning of a
1-day suspension for incidental absence.
Resolved - Step II. The warning
will be removed and changed to a re-counsel. The correct documentation will be
attached the incorrect documentation.
Wow, now the
grievant has documentaion on top of documentation. Two (2) for the price of one
(1)
200355 (1472 Edinger) - Unjust re-warning of a 1-day
suspension for incidental absence.
No agreement - Step II. No further
action taken.
200372 (1472 Edinger) - Unjust counsel due to FMLA denial.
Resolved - Step II. The counseling from 3/3/00 will be removed and the
documentation destroyed. The warning from 3/14/00 will be changed to
counseling.
200406 (200 CSP) - Unjust denial of FMLA.
No agreement -
Step 11. No further action taken.
Does this mean they
were 'justly' denied?
200423 (1452 Edinger) - Safety issues,
e.g., locks on 3rd floor patio doors don't lock, security lights burned out,
parking lot lights don't come on at night.
Resolved - Problem Solving.
Everything has been or is being repaired.
Safe at
last!
200438 (200 CSP) - Unjust 1-day suspension and unjust
warning of dismissal for incidental absence.
Resolved - Step II. If
grievant goes to 6/30/00 with no occasions, disabilities, or leaves, mgmt will
back step to a warning of a 5-day suspension should the grievant have an
occasion before meeting standards.
Did the member at
least get the one (1) day suspension back on this resolve?
200450
(200 CSP) - Termination - SBC Code of Conduct violation.
Resolved - Step
III. The grievant will be considered 'yes" for rehire if after 6 months of
employment with another employer the grievant meets work performance and
attendance standards of Pacific Bell.
[Key word in
settlement was 'considered'] Would an employee who was fired, had to get a job
at a 7-11 and meet the performance and attendance standards of Pacific Bell
(while working at the 7-11) really want to give up their future at 7-11 and
come back to Pac Bell and the union that helped them like it did in this
example?
200465 (1452 Edinger) - Failure to deal with CWA steward
in good faith.
Resolved - Step I. Mgr will be more clear when making
grievance settlements. Mgr will make sure all parties leave the meeting with
the same understanding. Mgr apologized for the confusion and never meant to
convey an unwillingness to deal in good faith.
Management was naughty!
200467 (1452 Edinger) -
Mgmt scheduled extra testers to work Memorial Day. Mgmt failed to plan and
evaluate with CWA.
Resolved - Problem Solving. Scheduling sprvr re-did
Memorial weekend to reflect testers scheduled for just the holiday as now being
scheduled off. Mgmt will utilize OT if additional testers are needed at work on
Memorial Day,
This means management has a right to
determine the force needs, they did it their way and will continue to do it
their way.
200486 (1452 Edinger) - Mgmt blarning CWA grievance
settlement for changes in work process.
Resolved - Step I. Mgr admitted
there was a misunderstanding.
Of what? The change in
the work process being caused by CWA, blaming CWA or the meaning of the
grievance settlement?
200493 (1472 Edinger) - Unjust tardy.
Resolved - Step II. The tardy will be excused and excluded. Settlement is
non-precedent setting.
A clear cut victory! Wow, they
will be talking about this for days.
200494 (1472 Edinger) -
Unjust tardy.
Resolved - Step II. The tardy will be excused and excluded.
Settlement is non-precedent setting.
A clear cut
victory! Wow, they will be talking about this for days.
200510
(1452 Edinger) - Unjust denial of AUTS transfer opportunity due to unjust force
freeze.
Resolved Step I. Company changed metering to 1 per quarter, and
employee transferred to another position.
What the
hell does this mean. Looks like instead of frozen they let one per month go but
the person that wanted it doen't get it because they transferred elswhere
during the time it took to settle the grievance!.
200532 (200
CSP) - Unjust AUTS transfer. Employee did not serve time and title at previous
location.
Resolved - Step I. The Company found employee should not have
transferred and retreated him to his position in Pasadena.
One small step for mankind!
200547 (1265 Van
Buren) - Mgr doing non-salaried work.
Resolved - Step 1. The mgmt team of
Billing Services Usage West agreed that mgmt should not be performing
non-salaried work under normal circumstances. Mgmt also agreed to continue to
follow the contract as it relates to sharing of information; and if there is a
dispute, they will follow the contract to resolve the dispute.
Somebody explain this to someone who
cares.
200566 (14451 Myford) - Failure to deal in good faith;
failure to treat CWA with mutual respect
Resolved - Step I. Mgr will
apologize at the next tailgate. Mgr will jot down what he is going to say and
let CWA steward review. Mgr will make an effort to abide by the contract.
Somebody explain this to someone who
cares.
200591 (1472 Edinger) - Failure to provide a
harassment-free environment; abusive mgmt.
Resolved - Step 1. Area rngr
spoke to grievant and apologized for the chaos and confusion surrounding the
move from the 2nd floor to the 3rd floor.
Next time
they won't have to walk up the stairs and will be allowed to use the
elevator!
200598 (1472 Edinger) - Unjust occurrence and
unjust counseling.
Resolved - Step 1. Mgmt will remove the counseling, make
the occurrence nontriggering, reduce 5/4/00 counseling to a review, and remove
the warning of dismissal documentation.
200599 (1472 Edinger) - Unjust
tardy on 2/2/00.
Resolved - Problem Solving. Mgmt agreed to remove the
tardy.
200603 (1472 Edinger) - Unjust counsel for tardies.
Resolved
- Step I. Mgmt agreed to remove the counsel on 6/15/00 and documentation on
5/2/01. Settlement is non-precedent setting.
200604 (1472 Edinger) -
Unjust re-counsel for absence. Unjust occurrence 4/15 - 4/19/00.
Resolved -
Step I. Grievant will give up 2 vacation days for 4/15 occurrence, and mgmt
will re-code 2 days as excluded. Mgmt will remove and destroy re-counsel.
Settlement is nonprecedent setting.
Wow!
200605 (1472 Edinger) - Unjust 1-day
suspension for IAP, and unjust warning of dismissal.
Resolved - Step I. If
grievant goes 6 months from the last occasion without any chargeable occasion,
the warning of dismissal will be rolled back to a warning of a 2-day
suspension. If grievant goes until 2/2/01, mgmt will pay back one day.
Documentation will be destroyed one year from the date of the last occasion.
Major settlement. Management was laughing after the
settlement.
200606 (1452 Edinger) - Abusive and stressful working
conditions.
Resolved - Step I. Mgmt agreed that there would be no reference
to the 4/19 incident in E-link, attendance calendar, or written documentation.
200607 (200 CSP) - Unjust counseling for absence.
Resolved - Step I.
Mgmt agreed to re-state counseling of 4/28/00 since grievant had another
occurrence, instead of moving to a one-day warning of suspension.
200608 (200 CSP) - Unjust counseling for absence.
Resolved - Step
I. Mgmt agreed to remove and destroy the 4/28/00 counseling documentation.
200611 (200 CSP) - Unjust tardy.
Resolved - Problem Solving. Mgmt
will red circle tardy and exclude it from the grievant's attendance calendar.
200612 (200 CSP) - Unjust counseling for incidental
absences.
Resolved - Problem Solving. If grievant has no other occurrences,
disabilities, or leaves of absence before 7/ 10/00, mgmt will re-counsel in
lieu of moving to the next step in the disciplinary process.
200613
(1472 Edinger) - Written warning of dismissal.
Resolved - Problem Solving.
If grievant goes to July without any further occasion, mgmt will re-warn
instead of going to the next step.
Somebody explain
this!
200623 (200 CSP) - Unjust 2-minute tardy on
5/1/00
Resolved - Problem Solving. Mgr agreed to remove the tardy.
200629 (14451 Myford) - Safety - Security of Guidelines. Mgmt failed to
deal in good faith with CWA steward when notified about doors being left open.
Resolved - Step I. (1) Mgmt will remove any doorstop found in the subject
door; (2) Door is to remain closed at all times; (3) A sign shall be placed:
'Door to remain closed at all times."
They are safe
at Myford now!
200631 (1452 Edinger) - Failure to maintain
accurate work schedule.
Resolved - Step I. Scheduling sprvr will handle all
time off requests. Floor sprvr will handle 0-day changes and change of hours
requests. CWA and mgmt will re-visit timeliness of processing requests on 7/
10/00.
200632 (1452 Edinger) - Testing tech performing System tech work,
i.e., installing printer on computer.
Resolved - Problem Solving. Tester
admitted to doing System tech's work. Mgr agreed to have System tech do System
tech work.
200633 (1452 Edinger) - Harassment and disparate treatment,
i.e., mgmt fostering a hostile work environment.
Resolved - Step I. Mgr
Karen Andrews did not intend to harass grievant or create a hostile work
environment. Grievant accepted mgr's explanation.
Can
you say I'm sorry to the grievant, Mr. or Ms. management?
200634
(1452 Edinger) - Area Mgr is demeaning, undermining, and embarrassing grievant.
Resolved - Step I. Grievant accepted mgr's statement to the
contrary.
Can you say I'm sorry to the grievant, Mr.
or Ms. management?
200640 (1472 Edinger) - Unjust warning of
dismissal.
Resolved - Step 1. Mgmt will change 4/24/00 to a PDO (non-paid).
200641 (1472 Edinger) - Unjust counseling for IAP.
Resolved - Step
I. Mgmt will reduce counseling to a review and destroy the counseling
documentation.
200642 (1472 Edinger) - Unjust counseling for IAP'S.
Resolved - Step I. Mgmt will reduce counseling to a review and remove the
documentation one year from the last occurrence, 4/28/01.
200643
(Anaheim CBS) - Denial of week of vacation.
Resolved - Problem Solving. Mgr
agreed that they owe the grievant one week's vacation. Mgmt will process
payment for 1 week vacation, 1 PDO, and 2 hours PDO per the grievant's request.
200644 (1472 Edinger) - Unjust coding of occasion. Mgmt had an
agreement with grievant to excuse for personal reason.
Resolved - Step I.
Mgr will excuse and remove the 2 occasions, 2/9 & 3/2/00.
200645
(1472 Edinger) - Code of Conduct violation.
Resolved - Step I. Mgr agreed
to remove the warning and allow CWA to talk to employee and advise about the
seriousness of the matter
200646 (1472 Edinger) - Unjust bypass of job
offer.
Resolved - Problem Solving. The Company will ensure that
non-salaried employees will not represent themselves as mgrs, and the Company
will make sure that all job offers are called to each office regardless of
metering status.
200647 (1472 Edinger) - Unjust occurrence.
Resolved - Step I. Mgr will re-code 05/01 as a PDO.
200648 (1472
Edinger) - Craft viewing other craft person's adherence.
Resolved - Problem
Solving. Mgmt agreed that only mgmt can view and discuss individual adherence
results with the craft workers.
200652 (200005001 1-GTE - 5832 Bolsa) -
Unjust verbal warning for work performance.
Resolved - Issue Resolution. If
grievant goes 6 months without having a work performance problem, the warning
will be reduced to a counseling session.
200654 (1265 Van Buren) -
Office mgr directing mgrs to do non-salaried work.
Resolved - Step I. Mgr
agreed not to direct mgrs to do non-salaried work in the future.
200656
(3925 Coronado) - Unjust 1-1/2 day suspension for alleged Code of Conduct
violation.
Resolved - Step I. Grievant will immediately receive back pay
for the suspension, and the documentation will be removed one year from the
incident date, 5/11/01.
Wow!
200657
(200 CSP) - Unjust counseling for incidental absence.
Resolved - Problem
Solving. If grievant goes to 10 / 7 / 00 without occurrences, disabilities, or
leaves of absence, mgmt will re-counsel.
200658 (200 CSP) - Unjust
counseling for incidental absence.
Resolved - Problem Solving. If grievant
goes to 6/30/00 without any occurrences, disabilities, or leaves of absence,
mgmt will re-counsel.
Wow!
200661 (3925
Coronado) - Unjust 1-day suspension for attendance.
Resolved-Stepl. Mgmt
will return one-day's backpay on 3/3/01 if the grievant is meeting attendance
standards. All documentation has been removed.
Wow!
200662 (1452 Edinger) - Mgmt failing to
maintain up-to-date substituted work schedule thereby causing potential payroll
errors.
Resolved - Step I. All substituted work schedule entries will be
done by the admin. sprvr. All time off requests will be handled by the admin
sprvr. Other requests, i.e., 0-day changes, change of hours,'etc., will be
handled by the floor sprvrs.
Wow!
200663 (1452 Edinger) -
Harassment/mismanagement of overtime, and mgr failed to show proper respect to
employees.
Resolved - Problem Solving. Mgr agreed to show mutual respect
and will only ask grievant once if she wants OT.
Can
you say I'm sorry to the grievant, Mr. or Ms. management?
200666
(200 CSP) - Unjust counseling for absence.
Resolved - Step I. Mgmt agreed
that if employee does not have any calendar-affecting occurrences, she will
remove and destroy the documentation on 12/8/00.
200667 (200 CSP) -
Unjust warning of suspension for incidentals.
Resolved - Step I. Mgmt
agreed if employee has no chargeable occurrences until 10/12/00, she will
reinstate counseling and remove warning'of suspension documentation of
5/19/00.
200668 (200 CSP) - Unjust counseling for tardies.
Resolved
- Step I. Mgr agreed to remove tardy from employee's calendar, and the tardies
of 12/6/99 and 1/12/00 will be excluded. Counseling documentation will be
removed and destroyed.
200669 (14451 Myford) - Failure to release union
steward for 4/13/00 meeting.
Resolved - Problem Solving. Mgr agreed to
immediately release CWA steward for any disciplinary steps. Mgr requested at
least 48 hours'notice for scheduled meetings.
200670 (1265 Van Buren) -
Not dealing with CWA in good faith, i.e., refusing to obtain requested
documents for grievance 200507.
Resolved - Problem Solving. Mgr agreed to
provide all requested info by CWA in the future, and mgr apologized for her
unprofessional behavior.
Can you say I'm sorry to the
grievant, Mr. or Ms. management?
200672 (200 CSP) - Failure to
abide by vacation agreement, i.e., Mgr Missy Marzett is refusing to post
available vacation and PDO slots.
Resolved - Step I. Mgmt agreed to follow
the agreed upon vacation and PDO percentage slots.
200673 (1213
Claudina) - Overtime bypass for a 9:00 p.m. meet on 5/25/00.
Resolved -
Step 1. Mgr will give grievant the opportunity to work a Saturday of 8 hours'
OT on 6/17/00.
200674 (1472 Edinger) - Unjust comments on performance
summary.
Resolved - Step I. Mgmt will remove all comments on all overall
rating comments.
200676 (200 CSP) - Unjust warning of dismissal for
incidental absence.
Resolved-StepI. Mgmt agreed to exclude partial from the
calendar.
200677 (200 CSP) - Unjust warning of dismissal for tardies.
Resolved - Step I. If grievant has another tardy before meeting standards,
7/8/00, warning will be restated.
200683 (200 CSP) - Failure to deal
with CWA in good faith, i.e., conducting office meeting to discuss
ernplbyees'concerns/ideas on how to improve the office.
Resolved - Step I.
M. Marzette agreed to always call Marie Watt or the local when having office
meetings.
Can you say I'm sorry to the grievant, Mr.
or Ms. management?
200686 (1452 Edinger) - Grievant is being
denied training.
Resolved - Step 1. Training mgr, Karin Sizelove, committed
to sit with the new DS 1 testers one day a week for as long as it takes for
them to get trained.
200699 (200 CSP) - Unjust re-warning of dismissal
for tardies.
Resolved - Step I. Mgmt will red circle the 3/21/00 tardy and
agreed to include all tardies from 5/9/00 - 6/14/00. Documentation of warning
of dismissal and will be in place until 8/22/00 if no other tardies, excluding
any disabilities or leaves which would push 8/22/00 out.
200700 (200
CSP) - Unjust counseling and warning of retreat.
Resolved - Problem
Solving. Mgmt agreed to remove and destroy the counseling and warning.
200701 (1472 Edinger) - Failure to plan and evaluate changes within the
work environment with CWA.
Resolved - Problem Solving. John Heffernan
agreed to contact Marie Watt and/or CWA in the future.
200704 (Irvine
12) - Failure to accept employee's mini transfer request to SA11.
Resolved
- Step 1. Grievant will be able to submit a mini transfer request and will be
entitled to work OT at SA11.