MEMORANDUM OF AGREEMENT
between
GENERAL TELPHONE COMPANY OF CALIFORNIA
and
COMMUNICATIONS WORKERS OF AMERICA

It is agreed this 14th day of July, 1978 by and between General Telephone Company of California (“the Company”) and the Communications Workers of America (“the Union”) as follows:

  1. The Company has the responsibility for providing high quality telephone service to the public. This obligation includes the accuracy, completeness, courtesy and helpfulness of the Company’s employees in their contacts with the Company’s customers.
  2. The laws and regulations with respect to secrecy of communications must be obeyed, and both the Company and the Union have an obligation to prevent any acts by employees which would tend to violate the secrecy of communication. or result in fraud or loss of revenue to the Company.
  3. It is agreed that “supervisory monitoring,” as defined in Decision No. 73146 of the California Public Utilities Commission (“CPUC”), may be used to achieve the above objectives.
  4. Under CPUC Decision No. 73146, “supervisory monitoring” is permitted without notice (i.e., without a “beep tone”) when performed without the making of any written notation or any record of the contents, substance, purpose, effect, or meaning of any conversation (which includes the employee’s portion of a conversation) which may have been heard during said supervisory monitoring. A person performing supervisory monitoring may not disclose to anyone (including other supervisory personnel and the observed employees any part of any conversation overheard while performing such supervisory monitoring.
  5. The Company is obligated to insure, by proper training and direction of its supervisory personnel, that supervisory monitoring is properly used. To this end the Company agrees to train its supervisory people in the use of supervisory monitoring as follows:

a. Records of supervisory monitoring will be made on check-off sheets recording only technical details and manner of job performance. No written notations of a conversation will be made except as absolutely necessary to protect secrecy of communications or to prevent fraud or loss of revenue,

b. When a record of a job discussion between a supervisor and an observed employee is made, it will not include the contents, substance, purpose, effect, or meaning of any observed conversation, unless secrecy of communications, fraud, or loss of revenue is involved. An employee shall be permitted to actually review his/her personnel record upon his/her request.

c. Supervisory monitoring may be used to determine training fees and to evaluate the grade of service of individual employees. Other supervisory steps, such as training sessions, visual observation, individual discussions and coaching shall be use in addition to supervisory monitoring to evaluate and improve an employee’s performance.

d. Employees subject to supervisory monitoring will be advised at the time they are placed in such a job, and annually thereafter

e. Supervisory monitoring will be conducted only in the same General work area where the employee is working.

6. Nothing in this Agreement shall affect the Union’s right of grievance procedure and/or arbitration as set forth in the Collective Bargaining Agreement between parties.

EXECUTED in duplicate on the day first written above at Santa Monica, California.

GENERAL TELEPHONE COMPANY OF CALIFORNIA
/s/

COMMUNICATIONS WORKERS OF AMERICA
/s/

RETURN