COLLECTIVE BARGAINING AGREEMENT
BETWEEN
Comcast of South Jersey, LLC and
Local Union 827, International Brotherhood of Electrical Workers
Effective: October 1, 2015 through September 30, 2018
TABLE OF CONTENTS
BASIC PRINCIPLES
SCOPE
ARTICLE I
SECTION 1.01 Effective Date.
SECTION 1.02 Change of Agreement.
SECTION 1.03 No Strike/No Lockout.
SECTION 1.04 Union Responsibility.
SECTION 1.05 Grievance Procedure.
SECTION 1.06 Right to Discipline or Discharge.
SECTION 1.07 Management Rights.
ARTICLE II
SECTION 2.01 Union Recognition.
SECTION 2.02 Meet and Confer.
SECTION 2.03 Union Access.
SECTION 2.04 Union Security.
SECTION 2.05 Union Membership.
SECTION 2.06 Dues Checkoff.
SECTION 2.07 Picket Lines.
SECTION 2.08 Subcontracting.
SECTION 2.09 Non-Discrimination.
SECTION 2.10 Bargaining Unit Work.
SECTION 2.11 Successorship.
SECTION 2.12 Dues Deduction Authorization.
ARTICLE III
SECTION 3.01 Hours of Work.
SECTION 3.02 Overtime.
SECTION 3.03 Reporting for Work.
SECTION 3.04 Tools and Safety Gear.
SECTION 3.05 Wages.
SECTION 3.06 Driver’s License.
ARTICLE IV
SECTION 4.01 Hiring of Employees.
SECTION 4.02 Probationary Period.
SECTION 4.03 Seniority and Layoff
SECTION 4.04 Recall from Layoff.
SECTION 4.05 Promotions.
SECTION 4.06 Part-Time Employees.
ARTICLE V
SECTION 5.01 Vacations.
SECTION 5.02 Scheduling of Vacations.
SECTION 5.03 Payment for Accrued Vacation.
SECTION 5.04 Holidays.
SECTION 5.05 Leaves of Absence.
SECTION 5.06 Jury Duty.
SECTION 5.07 Military Duty.
SECTION 5.08 National Guard.
SECTION 5.09 Bereavement Leave.
SECTION 5.10 Flex Day Policy.
SECTION 5.11 Protective Insurance.
SECTION 5.12 Medical Benefits.
SECTION 5.13 Retirement Plan.
ARTICLE VI
SECTION 6.01 Tower Work.
SECTION 6.02 Health and Safety.
SECTION 6.03 Training in Performance of Work.
SECTION 6.04 First Aid.
SECTION 6.05 Safety Devices.
SECTION 6.06 Safety Training.
ARTICLE VII
SECTION 7.01 Union Steward.
SECTION 7.02 Complimentary Services.
SECTION 7.03 Bulletin Board.
ARTICLE VIII
Separability
Exhibit “A”
Exhibit “B”
Entry Wage Rates
Exhibit "C"…………………………………………………………………………………………..……………….29
DRUG AND ALCOHOL POLICY
Exhibit “D”
EDUCATIONAL INCENTIVE SCHEDULE
NCTI
Completion of
Exhibit “E”
POLICY
DEFINITIONS
ATTENDANCE CONTROL/PROGRESSIVE DISCIPLINE
Exhibit “F”
VACATIONS AND HOLIDAYS
Exhibit “ G “
Position Task Requirements:
IR Technician I:
IR Technician II: - (in addition to the above)
Senior Service Technician:
Construction Technician I:
Maintenance Technician:
Senior Maintenance Technician:
Construction Technician II:
Exhibit “G-1”...... …………………………………………………………………………………….…………...... 47
Agreement made and entered into by and between Comcast of South Jersey, LLC located in Pleasantville New Jersey, hereinafter called the “Employer” and Local Union 827 of the International Brotherhood of Electrical Workers, hereinafter called the “Union.”
BASIC PRINCIPLES
The Employer and the Union have a mutual interest in the Cable Industry. Therefore, a working system and harmonious relations are necessary to improve the relationship between the Employer, the Union and the Public. All will benefit by continuous peace and by adjusting any difference by rational, common sense methods. To accomplish this end, the Employer and the Union herewith enter into this Agreement, pledging their good faith to cooperate for the enforcement of its provision and further agree to promote the strict observance of the terms of this Agreement and carry out all of its provisions as set forth below. Now therefore, in consideration of the mutual promises and agreements herein contained, the parties hereto agree as follows:
SCOPE
The work covered by this Agreement, to be performed only by employees, shall include all work in connection with the installation, testing, operation, maintenance and repair of cable television systems and their associated apparatus (including the installation of all coaxial cable). By means of which signal is applied to the amplification, transmission and distribution of video and sound radio-frequency signals. Clerical employees shall also be included in the unit.
ARTICLE I
SECTION 1.01 Effective Date.
This Agreement shall take effect the 1st day of October 2015, and shall remain in effect through the 30th day of September 2018. . It shall continue in effect from year to year thereafter unless either party gives the other party sixty (60] days written notice prior to any anniversary of the original expiration date. The existing provisions of this Agreement shall remain in full force and effect until a conclusion is reached in the matter of proposed changes.
SECTION 1.02 Change of Agreement.
This Agreement shall be subject to change or supplement at any time by mutual consent of the parties hereto. Any such change or supplement agreed upon shall be reduced to writing, signed by the parties hereto, and submitted by the Local Union to the International Office of the IBEW, for approval the same as this Agreement.
SECTION 1.03 No Strike/No Lockout.
During the life of this Agreement, there shall be no strike, sympathy strike, slowdown, sit-down, boycott, picketing, work stoppage or any other type of interference of any kind, coercive or otherwise, with the company’s business by the Union, any of its representatives, or employees, and further that the Union will do everything in its power to prevent its members, officers or representatives and the company’s employees, either individually or collectively, from participating in any unauthorized strike, work stoppage or slowdown or other activity aforementioned, including but not limited to disavowing such action and ordering all such officers, representatives, employees or members who participate in such unauthorized activity to cease and desist from same immediately and to return to work with such other steps as may be necessary under the circumstances, to bring about compliance with this order. In cases of unauthorized activity as described herein, the Employer may impose disciplinary measures or discharge employees directly or indirectly involved. In consideration of the foregoing, the Employer agrees not to lockout or cause to be locked out any employee covered under the provisions of the Agreement.
In the event of an alleged violation of this Section 1.03, No Strike/No Lockout, either the union or the company may invoke the expedited arbitration procedure provided in this section for the resolution of same, as distinguished from the ordinary grievance arbitration procedure. Any such allegation shall be asserted by notice in writing by registered mail, to the other party. A copy of such notice shall be sent simultaneously to the person designated as the permanent arbitrator or such persons designated as arbitrator as hereinafter set forth. The arbitrator shall hold an arbitration hearing as expeditiously as possible, but in no event later than twenty-four (24) hours after receipt of said notice. The decision of the arbitrator shall issue forthwith and in no event later than three (3) hours after conclusion of the hearing, unless the grieving party agrees to waive this time limitation with respect to all or part of the relief requested.
No continuance of the hearing shall be allowed without the consent of the party filing the claim. Absence from or non- participation in the hearing by any party shall not prevent the issuance of an award. The sole issue of the said hearing shall be whether the no-strike/no-lockout provision has been violated. The arbitrator may close the hearing in his /her sole discretion when he/she decides that he/she has heard sufficient evidence to satisfy issuance of the award.
In the event the arbitrator finds that the activities of either employees, the Union or the Company or any or all of them are in violation of the no-strike/no lockout provision of this Agreement or threatened violations thereof, he/she shall as a part of his/her decision specifically order that all normal operations be resumed at once and that any offender cease and desist from any then current, continued or prospective violations of the no-strike/no-lockout provision of this Agreement.
The arbitrator appointed by the parties for the purpose of this expedited arbitration procedure is ______and said arbitration proceedings pursuant hereto, shall be held at the company’s facility in Pleasantville New Jersey, or such other place as designated by the arbitrator. In the event of the death, disability or unavailability of the arbitrator designated herein within the time limits described by this provision, the parties must select another arbitrator within twenty -four (24) hours and, failing such mutual designation, the American Arbitration Association (AAA) may be requested, by either party, to designate an arbitrator, which designation must be made within twenty-four (24) hours of the request.
All costs for the services of the arbitrator designated herein or for any other person selected pursuant to the aforementioned procedure shall be borne by the parties jointly.
SECTION 1.04 Union Responsibility.
The Union shall have no financial liability for acts of its members which are unauthorized and which the Union cannot control. It is agreed, however, that in the event of any such unauthorized action, the Union shall, upon receiving notice thereof, urge its members to return to work if there should be a work stoppage. The Union’s failure to take such action in good faith shall void the protection against financial liability for the period subsequent to the Union’s receipt of notice as set forth above.
SECTION 1.05 Grievance Procedure.
All questions, disputes or grievances must be presented to the Employer in writing, signed by the shop steward, within ten (10) working days after such question, dispute or grievance arises. The writing shall specify the acts complained of and the contractual provisions alleged to have been violated. The Union may amend the grievance to modify the contractual provisions cited at later stages of the grievance procedure, which amendments shall not be considered untimely.
(1)Within five (5) working days after presentation of a written grievance to the Employer, company grievance committee and the union grievance committee shall meet and discuss the matter. The manager or his /her designee shall have five (5) working days after the meeting to render a decision.
(2)If satisfactory adjustment is not reached at Step 1, within ten (10) working days after the Union has received an answer at Step 1 the company grievance committee and the union grievance committee shall meet and discuss the matter. The company grievance committee in step 1 of the grievance procedure shall be the manager and or his/her designees having authority over the matter, not to exceed three (3) persons. The union grievance committee in step 1 shall be shop stewards, with one (1) acting as recorder, not to exceed three (3) persons. The company grievance committee in Step 2 of the grievance procedure shall be the manager and/or his designees having authority over the matter, not to exceed five (5) persons. The union grievance committee in Step 2 shall be shop stewards, one acting as recorder, not to exceed three (3) persons, and Union business representatives, not to exceed two (2) persons. The manager shall have ten (10) working days after the meeting to render his /her decision in writing.
If satisfactory adjustment is not reached in Step 2, the matter may be referred to arbitration upon written demand served within fourteen (14) working days after the Union has received an answer in Step 2. The arbitrator shall be selected according to the rules and procedures of the American Arbitration Association, and his /her decision shall be final and binding.
Any fees or expenses of the arbitrator, as well as other fees and expenses of the American Arbitration Association proceeding shall be shared equally by the Employer and Union. Each party shall bear the compensation and expenses of their witnesses and attorneys and all other costs and expenses they incur. The arbitrators’ authority shall be limited to the application of the terms and conditions of this agreement, as necessary to render a decision on any grievance properly before him/her. The arbitrator shall not have the authority to amend or modify this agreement nor to establish any terms or conditions of this agreement.
The time limits set forth above may be extended only by mutual consent of the parties reduced to writing all issues of procedural arbitrability are for the arbitrator.
The Employer shall not have access to the grievance and arbitration procedure for its disputes with the Union or bargaining unit employees.
SECTION 1.06 Right to Discipline or Discharge.
The Employer shall have the right to discipline or discharge Employees for just cause. If the Union believes that a discipline or discharge is unjustified, it shall be treated as a matter which is arbitrable and may demand arbitration as provided in Section 1.05 above. The arbitrator shall have full scope in the exercise of his or her own judgment as to the justification for the discharge and may either sustain the discipline or discharge or order reinstatement with or without back pay.
SECTION 1.07 Management Rights.
Except as specifically limited by any of the provisions of this Agreement, the management and the operation of Employer’s business including, but not limited to, the right to hire (See 4.01), to discharge for just cause (See 1.06), to lay off (See 4.03), or transfer and to promote its employees (See 4.05), the right to establish the starting and ending times of shifts and the hours of work (See 3.01), the right to assign work, the right to determine the methods of operation, and the right to establish reasonable work rules and job descriptions, shall be vested solely in Employer.
ARTICLE II
SECTION 2.01 Union Recognition.
The Employer recognizes the Union as the sole and exclusive bargaining representative for all hourly employees who are employed by the employer at any current or future locations within the Pleasantville system and working in classifications currently described by the terms of this agreement and all future classifications at these locations which are established to perform bargaining unit work. In addition, the Employer recognizes the Union as the bargaining representative for all hourly clerical employees working at any of the Employer’s current or future locations within the Pleasantville system. Bargaining Unit work shall include but not be limited to work which is developed through changes in technology or implementation of new products or services.
SECTION 2.02 Meet and Confer.
The Union agrees that all Union activity, except as specified below and in Section 2.03, shall take place during nonworking time. The Employer agrees to meet with and confer at a mutually agreeable time, during working time, with the Chief Union Steward and the Union Steward who has information relevant to a dispute, with respect to employee and union grievances, without loss of time or pay. The Employer further agrees to meet with and confer with the Union Stewards acting in an official capacity as representatives of the Union at mutually agreeable times to discuss contract negotiations and modifications. The Employer shall not be responsible for paying the Union Stewards for such time.
SECTION 2.03 Union Access.
Authorized representatives of the Union shall be allowed access to the premises of the Employer where employees are employed under this Agreement to inspect or investigate operations of the Employer for compliance with terms and conditions herein. Notification to the Employer prior to such visits shall be provided, if possible. The Employer reserves the right to require a rescheduling of a visit within two (2) days where operational considerations necessitate. Such access may not interfere with the scheduled or required work of the employees or contractors.
SECTION 2.04 Union Security.
All employees in the bargaining unit shall become members of the Union by the 31st day after date of hire or after the effective date of this Agreement, whichever is later, and shall thereafter maintain membership in the Union.
SECTION 2.05 Union Membership.
The Employer shall discharge an employee within ten (10) days after receipt of written notice by certified or registered mail from the Union that said employee has not become or remained a member in good standing in the Union, by reason of the failure to pay his or her union dues.
SECTION 2.06 Dues Checkoff.
The Employer agrees to deduct upon receipt of a voluntary written authorization, signed by the employee, as shown in Exhibit “A”, the Union dues and initiation fees from the pay of each IBEW member. Such amount shall be certified to the Employer by the Local Union upon request by the Employer. The Union shall indemnify, defend, and save the Employer harmless against any and all claims, demands, suits or other forms of liability that may arise out of or by reason of action taken by the Employer in reliance upon an employee’s check-off authorization form.
SECTION 2.07 Picket Lines.
The company agrees that it will not require employees that are governed by this Agreement to work at a Comcast facility that is involved in a work stoppage with the Union.
Employees governed by this Agreement will not be required to work for an ally of Comcast that is performing struck work for a Comcast facility that is involved in a work stoppage with the Union. Employees governed by this Agreement will not be required to work behind a picket line if crossing such a picket line would present immediate danger to the safety and the security of the employee.