GRIEVANCE RESOLUTIONS September-October '97

970219 (1265 Van Buren) - Unjust suspension and documentation.
Resolved - Step II. Mgmt will remove the 3-day suspension and restore lost wages.

970220 (1265 Van Buren) - Unjust suspension and documentation.
Resolved - Step II. Mgmt will “red circle” the incidental absence. The 3-day suspension will be removed, and the grievant will receive lost wages for this time period.

970238 (1472 Edinger) - Unjust final warning of termination.
Resolved - Step II. Mgmt will remove the final warning.

970246 (1472 Edinger) - Unjust warning of 5-day suspension for incidental absence.
Resolved - Step II. The 5-day suspension will be changed to a counseling due to confirmation with Firm Solutions that the occurrences are protected absences. The agreement is nonprecedent setting and will not be cited in any grievance, arbitration, or mediation between the parties.

970251 (1472 Edinger) - Unjust counseling for tardies.
No agreement - Step II. No further action taken.

970252 (1472 Edinger) - Unjust counseling for attendance.
Resolved - Step II. The counseling discussion will be changed to a review.

970288 (970536-GTE - 5832 Bolsa) - Unjust charging of absence occasion.
Resolved-withdrawn without prejudice. Grievant was not charged occasion.

970289 (1472 Edinger) - AUTS bypass due to metering.
No agreement - Step II. No further action taken.

970290 (1472 Edinger) - AUTS bypass due to metering.
No agreement - Step II. No further action taken.

970291 (1472 Edinger) - AUTS bypass due to metering.
No agreement - Step II. No further action taken.

970293 (1472 Edinger) - AUTS bypass due to metering.
No agreement - Step II. No further action taken.

970295 (1472 Edinger) - AUTS bypass due to metering.
No agreement - Step II. No further action taken.

970296 (1472 Edinger) - AUTS bypass due to metering.
No agreement - Step II. No further action taken.

970310 (1472 Edinger) - Unjust 30-day suspension.
Resolved - Step II. Grievant will receive 5 days’ back pay if no occurrences for 6 months worked, 11/97, and will receive 10 days’ back pay if no occurrences through 5/98.

970311 (1472 Edinger) - Unjust warning of termination.
Resolved - Step II. Mgmt will remove the counseling if no further occurrences. It was agreed this was nonprecedent setting and will not be cited in any grievance, arbitration, or mediation between the parties.

970333 (1452 Edinger) - Overtime bypass.
Resolved - Step I. Grievant will be allowed to work 2 hours’ OT on four different days to make up for the bypass.

970340 (200 Ctr St Prom) - Unjust termination.
No agreement - Step II. No further action taken. (NCS: 4/21/97)

970379 (1265 Van Buren) - Termination, denial of union representation, and disparate treatment.
Resolved - Step II. Grievant will be reinstated; will not receive lost wages for the time terminated; will retain her NCS date; will return to the 5 a.m. to 1 p.m. shift; will return on a final warning for violation of the company’s safety policy and SI 24; and mgmt team will clearly define what is and is not an authorized area of the work location.

970389 (970718--GTE - 7242 Slater) - Grievants denied recall rights due to contractors.
No agreement - Step III. No further action taken.

970417 (1452 Edinger) - Failure to plan and evaluate changes.
Resolved - Step I. Mgmt will rewrite the letter, attach rewritten retraction to the original and distribute to employees.

970425 (1472 Edinger) - Unjust force freeze.
Withdrawn without prejudice. Freeze was lifted.

970537 (23011 El Toro Rd) - Failure to plan and evaluate with CWA the offering of newly- created shifts.
Resolved - Step I. Mgmt will plan and evaluate on all items concerning wages, hours, and working conditions.

970559 (3925 Coronado) - Unjust 2-day suspension and disparate treatment.
Resolved - Step I. Mgmt agrees to restore 1 full day immediately. Letter will be placed in grievant’s file stating he is not to be held solely responsible in this accident, and all documentation will be removed 1 year from incident.

970566 (1472 Edinger) - Metering while giving E-time.
Resolved - Problem solving. Mgmt agreed to go beyond metered number while giving out E-time.

970567 (1472 Edinger) - Unjust contest forcing reps to sell without training.
Resolved - Problem solving. Mgr agrees to communicate to his work group in a more clear manner. If possible, he will cover “how and why” on company time.

970568 (1472 Edinger) - Unjust Saturday scheduling.
Resolved - Problem solving. Rotation was followed. No “make ups” occurred. Grievant worked several Saturdays due to others out on vacation, sick, etc.

970569 (1472 Edinger) - Harassment regarding E-mails of negative content.
Resolved - Problem solving. Mgr agrees to stop E-mailing grievant.

970570 (Bus. Sales Center) - Mgmt moving time reporting work to Sacramento.
Resolved - Step I. No one elected to follow the work.

970574 (200 Ctr St Prom) - Unjust tardy.
Resolved - Problem solving. Mgmt agreed to remove the tardy and provide a revised attendance calendar showing it circled and excused. Also removed counseling and destroyed the documentation.

970575 (200 Ctr St Prom) - Abusive management.
Resolved - Problem solving. Mgr agrees to treat the employees with respect in the future.

970580 (1472 Edinger) - Failure to grant grievant time off due to extenuating circumstances.
Resolved - Problem solving. Mgmt will grant the grievant the 1 day off.

970584 (1452 Edinger) - Unjust and untimely notification of job performance.
Resolved - Problem solving. Mgmt has been and will continue to communicate with the grievant and other employees.

970585 (1452 Edinger) - Unjust and untimely notification of FMLA authorization, and inaccurate attendance records.
Resolved - Problem solving. Mgmt will return FMLA hours to the grievant for 5/12 - 5/16 absences.

970586 (1452 Edinger) - Mgmt failing to provide proper training.
Resolved - Problem solving. Mgr agreed to talk to instructor to slow down, and explain more thoroughly, as well as ask questions before moving forward. Mgr has also agreed to give students one extra week to review.

970588 (200 Ctr St Prom) - Unjust counseling for attendance.
Resolved - Problem solving. Mgmt agreed to remove counseling with an addendum to the documentation.

970589 (200 Ctr St Prom) - Unjust counseling for tardies.
Resolved - Problem solving. Mgmt agreed to remove the counseling, with an addendum to the documentation to advise of the removal of the counseling.

970590 (200 Ctr St Prom) - Unjust counseling for attendance.
Resolved - Problem solving. Mgmt agreed to remove the counseling with an addendum to the documentation to advise of the removal; will not destroy.

970591 (200 Ctr St Prom) - Unjust counseling for attendance.
Resolved - Problem solving. Mgmt agreed to remove the counseling with an addendum to the documentation to advise of the removal.

970592 (200 Ctr St Prom) - Unjust counseling for attendance.
Resolved - Problem solving. Mgmt agreed to remove the counseling with an addendum to the documentation.

970598 (1472 Edinger) - Mgmt Failed to treat CWA steward with respect, and falsified documentation.
Resolved - Problem solving. Mgmt will return grievant from suspension and make her whole. Grievant will be put on a warning and will still have the right to grieve that discipline. Mgmt also agreed to deal in good faith in the future.

970599 (1472 Edinger) - Mgmt Failed to live up to a previous agreement.
Resolved - Step I. Mgmt will issue an apology letter to the grievant, and will also live up to agreements in the future.

970601 (1472 Edinger) - Retaliation in the form of refusing to allow a grievant to test with AUTS.
Resolved - Problem solving. Mgr agrees to either accept the test date from AUTS or ask for another test date. Mgr will not refuse to release the grievant to test once offered.

970602 (1472 Edinger) - Disparity -- back training in conflict with previous grievance settlement which mgmt neglected to reference.
Resolved - Step - I. Mgmt will issue a letter of apology regarding the issue and will deal in good faith in the future, as well as reconsider the individual’s needs.

970609 (200 Ctr St Prom) - Failure to honor approved AX time.
Resolved - Step I. Mgmt will remove the tardy, record the time as absence excused, and remove the warning of dismissal.

970610 (5832 Bolsa) - Mgmt disclosed confidential information after being asked to cease from doing so.
Resolved - Step I. Mgmt will present a letter of apology to the grievant with the agreement that the Company will abide by all the local, state and federal policies, practices in place on this issue.

970611 (5832 Bolsa) - Mgmt refused to accept a grievance.
Resolved - Mgmt will provide training on the grievance procedures and will abide by all local, state and federal policies, practices by accepting a grievance when filed by the Union according to the contract.

970614 (200 Ctr St Prom) - Abusive management.
Resolved - Problem solving. Mgr apologized to the grievant and committed to treat the employees with respect.

970615 (200 Ctr St Prom) - Disparate treatment.
Resolved - Problem solving. Grievant received final warning in writing; grievant was paid for 4 PDOs and is in the process of receiving initial training. Grievant also received mandatory coverage.

970617 (1472 Edinger) - Mgmt refused to meet with a union steward and deal with CWA in good faith.
Resolved - Step I. Mgmt was informed about Articles 1, 3, and 7, as well as the guarantee they would always meet in the future with a steward. Mgr will also write an apology to the steward.

970619 (200 Ctr St Prom) - Unjust tardy due to circumstance beyond the grievant’s control
Resolved - Step I. Mgmt removed the tardy from the calendar with an addendum.

970624 (1472 Edinger) - Grievant not being afforded the same opportunity as other service reps in regards to being accessed by MOSAIX).
Resolved - Problem solving. Mgmt will notify and give employees the opportunity to change their choices which were made earlier when they weren’t made aware of opportunities they may not have once on these special teams.

970628 (1472 Edinger) - Unjust adherence results for May.
Resolved - Problem solving. Mgmt will use the average from January to April to represent May.

970629 - (1472 Edinger) - Mgmt not dealing in good faith by failure to offer union representation.
Resolved - Step I. Mgr agreed that anytime they have a documented discussion with an employee, they will have a steward present. If the employee doesn’t want a steward present, employee must express that to the steward.

970631 (200 Ctr St Prom) - Mgmt failed to meet on grievance 970563.
Resolved - Problem solving. Mgr agrees to meet in the future.

970632 (200 Ctr St Prom) - Mgmt failed to meet on grievance 970565.
Resolved - Problem solving. Mgr agrees to meet in the future.

970633 (200 Ctr St Prom) - Overtime bypass.
Resolved - Problem solving. No violation was found.

970644 (3925 Coronado) - Mgmt moved work from Ken Poland’s district to J. McNeil’s district.
Resolved - Problem solving. No physical move--will be headquartered at 3925 at the present time.

970651 (200 Ctr St Prom) - Unjust documentation and failure to provide union representation.
Resolved - Problem solving. Mgr will rewrite documentation and will provide union representation in the future.

970652 (200 Ctr St Prom) - Failure to notify CWA that an employee was trending.
Resolved - Problem solving. Mgr is now clear on what constitutes trending and will notify CWA in the future when an employee is trending.

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