COMMUNICATIONS WORKERS OF AMERICA
(AFFILIATED
WITH AFL-CIO)
LOCAL 9510
WHAT DO
I DO
WHEN???
THE PURPOSE OF THIS BOOKLET
(Prepared for the use of CWA members)
I created this in booklet form and sent it to all
members with some of my re-election propaganda (President Local 9510) in 1981.
At the time (pre-divestiture), we were still composed of several different
bargaining units so it was 'generic' in nature. It was drawn up to assist
members in dealing with the company in the most typical and frequent problems
that we come across. Even though our Local represents members from different
bargaining units the only real difference betwen Pac
Bell, GTE, Lucent or AT&T is the color of the trucks!
It was not designed to replace the contract or the Union Officers or
Stewards in handling members problems. It does not cover some of the more
complicated situations that we deal with. If members use it as the basic guide
it is intended, they will better be able to protect their rights, which are
bargained for in the contract or enacted from legislation.
It was designed to carry in the pocket and to assist on a day-to-day
basis. If the advice contained is followed, your Steward and elected Officers
of the Local will be better able to handle your grievances in the future and
your rights will be greatly strengthened.
Our Local used the booklet for many years as part of a new member's
welcome kit after I gave permission to use the plates used to print it. Local
9510 no longer uses it as part of its education process. There are similar
booklets designed to do similar things. However, they are more generic than
this in their nature. I updated (December '97) the contents for posting on my
website. Feel free to download, copy, create as a file or just print any part
of it for your use. I believe it is just as relevant today as it was when I
created it 17 years ago.
CONTENTS
The booklet was originally divided by the topics on pages. The format
I am using for the web does not support doing the booklet on a page by page
basis by subject. If you like what has been done you can simply print the whole
section and place it in a 3-ring binder for you personal reference.
IF I NEED TO FILE A GRIEVANCE...
- Have notes on all discussions with your supervisor and
witnesses.
- Make a written account of what happened in your own
words.
- Make the statement accurate and be sure to include the five
Ws.
- a.When (The Date and time of occurrence)
- b.Where (Name the locationaddress, section of bldg. etc)
- c.What (What was the incident)
- d.Who (Name all the witnesses who were present)
- e.Why (Your side of why the incident happened)
- f. Supporting statements (Ask any witnesses to the incident to write
a statement for you, describing what they saw or heard)
- Contact your Union representative as soon as possible!
- Allow the Union representative time to conduct an investigation,
interviews and provide as much cooperation as possible.
- Provide your address and telephone number in the event an officer
or steward needs to get in touch with you to get additional information and
keep you informed.
- Try to be as understanding as possible of the work your shop
steward will be doing on your behalf. They work at the Phone Company just as
you do. They may have other grievances they are working on and yours is not the
ONLY one they may be involved with.
IF I WANT TO SEE MY RECORDS...
- Ask your supervisor to obtain your records for you to
review.
- Give them a reasonable length of time to get them to
you.
- Records are maintained in both your Local office and in your
District office. Make sure that they are all there.
- Should you find something in your file that you do not agree with
or know about, question your supervisor about it.
- The Company should have advised you of anything that they put in
your file.
- If you cannot get the problem settled with your supervisor,
contact your Steward.
NOTE: It is a good policy to review your records on an annual
basis.
IF THE COMPANY ADVISES ME THAT THEY WANT TO MEET WITH
ME...
- Ask the manager what the meeting is about. If discipline or
performance is suspected, ask for a Union rep.
- When in the meeting, keep notes on what is said and what points
the Company addresses.
- Follow the advice of the Union rep. during the course of the
meeting.
- Get copies of all information that you can at this
meeting.
IMPORTANT: You are entitled to a Union representative at all meetings
in which discipline is to be announced or in which it is reasonable for you to
believe that discipline will be announced. This includes counseling, warning,
suspension or discharge. Under our Bell System contract, for example, it is
explicitly stated that a Union representative may be present at a meeting where
discipline is to be announced. At General Telephone, it is Company policy that
employees are asked if they want Union representation at both investigatory
meetings and at meetings where discipline is announced. But even without
express contract language, it is our position as a Union that by contract, by
custom and practice, and by right, our members have the right to Union
representation at all meetings with management where work performance,
discipline, or any subject may be discussed, which is potentially threatening
to the member's job.
IF
SECURITY CALLS ME TO A MEETING...
- Ask that a Union representative to be present.
- Make no voluntary statement on anything you do not agree with or
understand without consulting your rep.
- Do not sign anything without first having a consultation with
your Union rep.
- Get copies of all information at this meeting. You are entitled
to a copy of anything that you sign.
- Do not be intimidated or enticed into signing anything that you
do not agree with or understand.
IMPORTANT: You are entitled to a Union rep at any meeting in which
discipline is to be announced or in which it is reasonable for you to believe
that discipline will result.
NOTE: Arbitrators have ruled that
signed statements are admissions to whatever is on the paper as true and
accurate by the person who signed, regardless of whether it was
understood or not by the grievant.
IF I AM DENIED UNION REPRESENTATION...
- Insist that if you are to be counseled warned, suspended or
discharged, that the contract and law requires that the company allow
representation to be present at the meeting.
- If during the meeting the company discusses your future
employment, an incident that you feel could lead to discipline or infers that
this could happen, request that Union representation be present.
- Do not make or sign any statements for the Company or security
without the benefit or counsel of your Union rep.
- The law allows the Union to be present at the meeting at your
request as well as later filing a grievance.
NOTE: This is your right. Do not let it go unused if you need it.
IF I HAVE
TO REPORT OUT FROM WORK...
- Call in as soon as you know you will not be at work.
- Report out to only a supervisor and never to a non- management
employee.
- If your supervisor is not available, get in touch with another
supervisor in your office or a duty supervisor. If on weekends or at night,
call your plant manager or your district manager.
IMPORTANT: The crucial point here is that YOU must report out
only to a management person. You have a right to report out for any reason. The
reason and the need are what will or will not cause a problem. The Company
cannot prevent you from reporting out from work for any good, valid reason.
IF I AM ON BENEFITS AND WANT TO KEEP THE POSSIBILITY OF PROBLEMS TO A
MINIMUM...
- Always get your benefit papers in on time if you report weekly,
monthly or some other way. Your supervisor will tell you when you are out of
benefits.
- Make sure that your doctor uses positive terms such as "it
cannot", "will not" or "it can", etc., rather than such terms as may or
"could") etc. This keeps interpretation problems to a minimum.
- Make sure your doctor gives reasons in specific terms if you are
going to be delayed in returning to work or if complications arise during
treatment.
- Make sure that your supervisor is aware of any trips or activity
that could be questioned later by the Benefit Committee. (Many things can be
approved in the area of trips or activities, but the blessing of the Company
must be obtained first. The important thing to remember is that you notified
them so you cannot be accused of covering up anything later.)
NOTE: The Benefit Committee does not always require that doctor
reports be made each week. It depends on the illness and the frequency of
doctor visits.
IF MY JOB REQUIRES THAT I FILL OUT TIME REPORTS OR
VOUCHERS...
- Only sign that which you know to be true and accurate.
- Never be a party to signing a report that is inaccurate or not a
true reflection of what is fact.
- If you should have a question about any voucher, work report or
productivity report, make sure you notify your supervisor and explain what the
problem is.
IMPORTANT: Company policy prohibits all employees from signing
anything that is not true and accurate. The penalty for this is usually
discharge. Any time you sign anything for the Company, you are swearing to the
accuracy of the report whether it is money, productivity or time. You may get
some static for not signing an untrue report, but you can be fired for signing
that same report.
IF THE COMPANY HAS ASKED ME TO WORK OVERTIME AND I WANT TO BE SURE
THEY ARE RIGHT...
- The Company must ask you to work as soon as they determine that
the overtime is needed and they can contact you.
- They should, where feasible, try to follow the equalization
process as closely as practicable.
- Familiarize yourself with the equalization process in your work
group. Not only do they vary from company to company, they also differ from
work group to work group.
- As a general rule, management does not care one way or another
how it is distributed. The job of insuring that overtime is distributed equally
falls on the people in the work group.
- If you let the 'overtime list' get out of whack or the spread
becomes to great, it will be very difficult for a shop steward to straighten
out.
- Connecting overtime brings some exceptions to this rule and if on
a project that runs over, they would probably expect you to be the one to
work.
- For refusals and those working, the equalization charts should be
accurately posted.
- If using the equalization process and no one wants to work, they
should offer the opportunity to the low person in overtime with consideration
to a valid personal reason offered under the refusal procedures that we
follow.
IF I NEED TO REFUSE, OVERTIME...
- Give the Company notice that you cannot work as soon as you know
it.
- Arbitrators have ruled that you must give a valid
reason.
NOTE: Several factors have to be taken into account: How much trouble
or work is there, the need of the Company in getting it done right now, how
much overtime you have, where you are in the equalization process, who else is
willing to work and your reason to be excused. These grievances get to be
complicated from time to time so it is important that you follow #1 and #2
above and consider all the factors. If followed and handled as stated here you
will generally be able to get off when necessary.
IF I AM READING THE CONTRACT AND AM NOT SURE OF THE INTENT AND
MEANING...
1. Watch for key phrases:
- a.Could, may, etc. indicate that there is
an option or another section that may govern. Usually you will be referred to
the section or the options given.
- b.Will, can, should," etc. indicate
that the section has a requirement to be met.
2. Contact your Steward for information on the section and how it is
applied.
NOTE: The contract is complex and can be affected by court rulings or
grievance and arbitration settlements. Contact a Steward on sections that may
be complicated or not understood for clarification.
IF I WANT TO KNOW WHAT IS GOING ON IN THE LOCAL AND HOW IT SHOULD BE
DONE...
- Ask your Union representative.
- Consult the Local Bylaws or Constitution.
- Attend the meetings regularly.
- Read the Local newsletter and CWA news.
- Keep current with the bulletin boards at your work
location.
IMPORTANT: If you do not have a copy of the Local Bylaws or CWA
Constitution, contact the Local and ask one to be mailed to you.
IF
I WANT TO KNOW ABOUT A COMPANY POLICY OR PROCEDURE...
- Ask your supervisor.
- If still in doubt, ask to see the Company policy in
writing.
- If denied, contact your Steward.
IMPORTANT: Company policy comes from what they call the "system
practices." Other things that the company uses to make policy are the agreement
"interpretations" which the Company makes up for management. The contract,
Public Utilities Commission, Internal Revenue Service, Federal Communications
Commission rulings, and/ or grievance and arbitration rulings can also affect
Company policy.
MY RECORD OF OFFICERS
AND
STEWARDS:
NOTE: For
a list of the current elected officers of Local 9510 you can click
here.
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