COMMUNICATIONS WORKERS OF AMERICA
(AFFILIATED WITH AFL-CIO)

logomania

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...
  1. Have notes on all discussions with your supervisor and witnesses.
  2. Make a written account of what happened in your own words.
  3. Make the statement accurate and be sure to include the five W’s.
IF I WANT TO SEE MY RECORDS...
  1. Ask your supervisor to obtain your records for you to review.
  2. Give them a reasonable length of time to get them to you.
  3. Records are maintained in both your Local office and in your District office. Make sure that they are all there.
  4. Should you find something in your file that you do not agree with or know about, question your supervisor about it.
  5. The Company should have advised you of anything that they put in your file.
  6. 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...
  1. Ask the manager what the meeting is about. If discipline or performance is suspected, ask for a Union rep.
  2. When in the meeting, keep notes on what is said and what points the Company addresses.
  3. Follow the advice of the Union rep. during the course of the meeting.
  4. 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...
  1. Ask that a Union representative to be present.
  2. Make no voluntary statement on anything you do not agree with or understand without consulting your rep.
  3. Do not sign anything without first having a consultation with your Union rep.
  4. Get copies of all information at this meeting. You are entitled to a copy of anything that you sign.
  5. 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...
  1. 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.
  2. 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.
  3. Do not make or sign any statements for the Company or security without the benefit or counsel of your Union rep.
  4. 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...
  1. Call in as soon as you know you will not be at work.
  2. Report out to only a supervisor and never to a non- management employee.
  3. 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...
  1. 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.
  2. 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.
  3. 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.
  4. 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...
  1. Only sign that which you know to be true and accurate.
  2. Never be a party to signing a report that is inaccurate or not a true reflection of what is fact.
  3. 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...
  1. The Company must ask you to work as soon as they determine that the overtime is needed and they can contact you.
  2. They should, where feasible, try to follow the equalization process as closely as practicable.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. For refusals and those working, the equalization charts should be accurately posted.
  8. 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...
  1. Give the Company notice that you cannot work as soon as you know it.
  2. 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:

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...
  1. Ask your Union representative.
  2. Consult the Local Bylaws or Constitution.
  3. Attend the meetings regularly.
  4. Read the Local newsletter and CWA news.
  5. 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...
  1. Ask your supervisor.
  2. If still in doubt, ask to see the Company policy in writing.
  3. 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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