COLLECTIVE BARGAINING AGREEMENT
BETWEEN
YCOM NETWORKS, INC. d/b/a
FAIRPOINT COMMUNICATIONS
AND
INTERNATIONAL BROTHERHOOD
OF
ELECTRICAL WORKERS
AFL-CIO
EFFECTIVE FROM
SEPTEMBER 7, 2008 TO SEPTEMBER 6, 2011
Article 1 - Agreement
Section 1 -This Agreement is entered into this 7thday of September 2008 betweenYCOM NETWORKS, INC. d/b/a FairPoint Communications (hereafter the "Company") and Local Union Number 89 of the International Brotherhood of Electrical Workers, (hereafter the "Union").
Section 2 - The terms and conditions set forth in this Agreement represent the full and complete understanding and commitment between the Company and the Union
Section 3 – This Agreement represents a complete and final understanding between the Company and the Union, and it shall be effective as of September 7, 2008 and remain in full force and effect through 12:00 a.m. September 6, 2011 and thereafter from year to year unless at least sixty (60) days prior to said expiration date, or any anniversary date thereafter, either party gives written notice to the other of its desire to terminate or modify any or all of its provisions.
Section 4 – Notices permitted or required to be served by one party upon the other party under the provisions of this Agreement shall be sufficiently served for all purposes herein, when mailed by certified mail, postage paid to the Business Manager, Local Union NO. 89, I.B.E.W., P.O. Box 2330, Everett, Washington 98213-0330, for service upon the Union; and to John Polley (VP, Labor Relations, 900 Elm St. 19th Floor Manchester, NH 03101) for service upon the Company, and the date of the receipt of such notices shall be the controlling date for the purposes hereunder. As an alternative, either party may send relevant documents via e-mail with return receipt requested. Each party shall promptly inform the other party of any change in the addresses set forth in the Section.
Section 5 – It shall further be provided that this Agreement shall be subject to such changes and modifications during its term as may be mutually agreed by the parties hereto.
Article 2 – Recognition
Section 1 - The Company recognizes the Union as the exclusive collective bargaining agent for all regular full time and part time bargaining unit employees as certified by the NLRB in Cases #19-RC-15029, including the bargaining unit, as set forth in the NLRB Certification dated December 13, 2007 described as follows: All regular full time and regular part time cashiers, repair and order representatives, central office service technicians, combination technicians, installation and repair technicians, internet technicians, outside plant construction employees, outside plant technicians, splicer technicians, and associate engineers employed by the Employer out of its Yelm, Washington facility (excluding all senior engineers, sales and marketing employees, clerical employees and guards and supervisors as defined in the Act.)
Section 2 - The Union shall be the exclusive bargaining agent in all matters of wages, hours and employment conditions in the application of this Agreement to the employees within classifications as set forth herein.
Section 3 - It shall be a condition of employment that all bargaining unit employees covered by this Agreement, who are members of the Union on the effective date of this Agreement, shall remain members. It shall also be a condition of employment that all bargaining unit employees covered by this Agreement and hired on or after its effective date shall, on the thirtieth (30th) day following the beginning of such employment, become and remain members of the Union, or in lieu thereof pay to the Union each month a service charge (Agency dues payer) in an amount of money equivalent to regular union dues as a contribution towards the administration of this Agreement.
Provided: Objections to joining the Union which are based on bona fide religious tenets or teachings of a church or religious body of which such employee is a member will be observed. Any such employee shall pay an amount of money equivalent to regular union dues and initiation fees to a non-religious charity or to another charitable organization mutually agreed upon by the employee affected and the bargaining representative to which such employee would otherwise pay the dues and initiation fees. The employee shall furnish written proof to the Union that such payment has been made. If the employee and the bargaining representative do not reach agreement on such matter, the Federal Mediation and Conciliatory Service shall designate the charitable organization.
Section 4 - The Union agrees that membership in the Union will not be denied or terminated for any reason other than the failure of an employee covered by this Agreement to tender the periodic dues and initiation fees uniformly required as a condition of acquiring or retaining membership in the Union.
Section 5- The Employer agrees to deduct from the paycheck of each employee, who has so authorized it, the regular monthly dues uniformly required of members of the Union or in lieu thereof the monthly service charge. An employee may, on written request, also have deducted from his pay such other items as may be mutually agreed between the I.B.E.W. Local 89 and the Employer. The amounts deducted shall be transmitted monthly to the Union on behalf of the employees involved.
Authorization by the employee shall be on a form approved by the parties hereto and may be revoked by the employee upon request and the Union so notified. The performance of this function is recognized as a service to the Union by the Employer. There shall be no retroactive deduction of union dues.
Section 6 - The Union agrees that the Employer shall not terminate the employment under the security clause provisions of this Agreement (Section 3 above), until written notification is received from the Union that an employee has failed to pay the required dues or service charge or provide proof of an alternative payment based on religious tenets as provided herein above. In the event an employee is terminated pursuant to this provision, the union shall defend, hold harmless and indemnify the Company from any claims made by the employee in connection with his or her termination.
Article 3 – Management Rights
The right of management to operate and direct its business is vested solely and exclusively in the Company, except as specifically set forth in this agreement. Such rights reserved to the Company specifically include, but are not limited to, decisions regarding the use of technology, hiring, promotion, transfer, staffing levels, subcontracting, layoff, hours and assignment of work, training, use of temporary personnel, implementation of company policies and procedures, and discipline, suspension and discharge for just cause. The Company further retains the right to determine what communications services are rendered to the public.
Article 4 - Employees Defined
Section 1 – A regular full time employee is an employee scheduled to work 40 hours per week, who is not a temporary employee and has completed a probationary period of six months.
Section 2 - A Probationary Employee is a person hired by the Company to fill a vacant or newly established regular position in the Company and has not yet completed six (6) months of continuous employment with the Company. The retention of a probationary employee is at the sole discretion of the Company, and the Company may, at its option, terminate the employment of any such employee prior to completion of the six (6) month probationary period.
Section 3 - A temporary employee is one who is hired for a specific project, a definite period, or for a maximum of 12 months. Extension of time frames described herein must be requested in writing and mutually agreed to between the Company and the Union. During the temporary employment period the Company may, at its option, relocate or dismiss such employee. Temporary employees are covered by the terms of the Agreement if and when they become regular employees.
Section 4 - A Part Time Employee is one who is regularly scheduled to work less than thirty (30) hours of work each week. Part Time Employees shall have prior continuous service, based on hours worked, recognized if they successfully bid a regular full time position.
Article 5 – Supervisors and Other Company Employees
Section 1 - The Union recognizes the Companies right to select supervisory employees. The Union also recognizes that supervisors, or employees from other FairPoint facilities, may perform bargaining unit work as follows:
(a) where bargaining unit employees are not immediately available or qualified to perform the work;
(b) to instruct or train other employees;
(c) where bargaining unit employees are not displaced;
(d) where the work is de minimus or incidental; or
(e) in the event of an emergency or a serious interruption to service.
Section 2 - For non-supervisory personnel, non-bargaining unit employees from other FairPoint facilities or locations may participate in the standby rotation.
Article 6 - Subcontracting
The Company may subcontract work governed by this agreement so long as no members of the bargaining unit are laid off due to lack of work in the classification doing the subcontracted work, or where the subcontracting would result in the layoff of members of the bargaining unit qualified to perform the work. The Company will not replace regular full time positions with contractors, except on a temporary basis.
Article 7 - Work Schedules
Section 1- Subject to section 2, the Company’s regular work week will normally consist of five (5) continuous eight (8) hour days, or four (4) continuous ten (10) hour days, Monday through Friday, or Tuesday through Saturday when needed for standby. The Company retains the exclusive right to establish and or modify the work week and or the starting and quitting time of all shifts based on Company need. During a given week, an individual’s shift starting time shall not vary by more than one hour.
Section 2- It is recognized and understood that deviations from the Company’s regular work week and the schedules of work will be necessary and will unavoidably result from several causes, such as but not limited to vacation, leaves of absences, emergencies, temporary personnel shortages, call out, weekend and holiday duty, absenteeism, employee request, and inclement weather. No such deviations shall be considered as violations of this Contract.
Article 8 - Call Out
Section 1 - In keeping with this Agreement and our desire to offer the highest quality service, all employees will share responsibility in the restoration of service.
Section 2 - An employee, who has finished his or her regular work day, including any assigned or unassigned overtime followingthe employee’s regular work day, is considered off duty. An off duty employee, upon call from the Company who returns for unscheduled requirements, shall receive:
- A minimum of two (2) hours at time and one-half (1 ½) of the employee’s normal hourly rate (equates to three (3) hours at straight time) for any Call Out up to two (2) hours in duration.
- Time and one-half (1 ½) of the employee’s normal hourly rate for the duration of the Call Out period if the Call Out is longer than two (2) hours.
Multiple calls, even concerning other troubles, handled within the same two (2) hour Call Out period shall be considered part of the initial Call Out period and will not constitute a second Call Out.
Section 3 - Employees, recognizing that the Company is a public service organization, will cooperate and will respond to call-out in the manner set forth in this article.
Article _9 - Standby
Section 1 - The Company retains the right to establish a standby schedule. A standby employee is the first point of contact for the Company, and must be available twenty four hours per day during their assigned standby week. Employees will receive $200 for a standby week.
Section 2 - The Company’s normal standby schedule will be from Tuesday at 8:00 a.m. to following Tuesday at 7:59 a.m. If, for compelling reason, an employee is unable to remain on standby for the entire assigned week, the employee may seek replacement coverage by locating another employee willing to assume standby duty for the assigned week, provided that the employee notifies his supervisor no later than noon on the Friday preceding his assigned standby week of the arrangement. To prevent added overtime expense, an employee seeking replacement coverage must find a replacement for the entire week. The replacement employee will assume the employee’s standby rotation, must work Saturday, must take Sunday off, and must designate one day off the following week. The Supervisor will ask the employee to designate another day off if there will be insufficient coverage for the day.
Section 3 – Employees may engage in personal activities while on standby as long as they remain available to respond to a trouble call within thirty minutes.
Article 10 - Safety
Section 1 - The Company and the Union recognize that safety of employees is a matter of paramount importance to both parties. The Company retains the right to develop and or implement policies and procedures related to employee safety and will provide a copy to the Union prior to implementation.
Section 2 - All employees are required to observe safe working rules, specifically including those rules set forth in the FairPoint Health and Safety Manual, as established by the Company in its discretion, and shall wear required safety equipment when actively engaged in work. Failure to follow safety rules and procedures, to wear safety equipment, or to participate in mandatory safety training may be cause for disciplinary action.
Article 11 - Work Apparel
It is the desire of the Company to make our brand visible in the communities that we serve. The Company will provide Combination and CO Service Technicians with apparel on an as needed basis up to a maximum of $220 per person annually.
Article 12 - Bulletin Board
The Company shall provide the Union with space for posting of union bulletins and notices regarding union meetings, union social events, and internal union elections.
Article 13 - Posting and Promotion
The Company will post all job vacancies in bargaining unit positions before filling a position from the outside. The Company retains the right to select the most qualified individual for the job, or to select an individual from the outside if no qualified individuals, as determined in the Company’s sole discretion, apply.
Article 14 - Tools and Equipment
Section 1 - The Company shall provide and maintain all tools and equipment. Worn out or broken tools will be replaced by the Company. All work equipment or tools, including cell phones and laptop computers, that are lost, damaged, or broken through improper use or care by the employee will be replaced at the employee’s expense. The employees agree to cooperate with the Company in maintaining such tools and equipment provided by the Company.
Section 2 – The Company will provide rain gear and work gloves to those work classifications that require such equipment. Rain gear shall include jackets, pants and over boots. Replacement need of rain gear and work gloves will be determined by the Company.
Article 15 - Non –Discrimination
It is the continuing policy of the Company and Union that the provisions of this agreement shall be applied to all covered employees without regard to age, race, religion, color, creed, national origin, sex, sexual orientation, gender identity, physical or mental disability that may reasonably be accommodated, marital or veteran status.
Article 16- Inclement Weather
The Company is responsible for determining if inclement weather conditions warrant cessation of outside work. An employee who believes that inclement weather warrants cessation of outside work shall consult with his or her supervisor. The supervisor, in consultation with the employee and his or her shop steward shall determine whether cessation of work is warranted. The Company retains the right to decide the type and location of duties to be performed during inclement weather.
Article 17– Seniority
Section 1 -Seniority is defined as the date the employee is employed (original hire date of continuous service) as a bargaining unit employee. Seniority can only be accumulated while a member of the bargaining unit. Seniority shall be the determining factor for the selection of vacation subject to the provisions of Article 23.
Section 2 - Continuous service shall be terminated when the employee:
(a) Voluntarily terminates his employment for any reason;
(b) Is discharged for just cause;
(c) Absents himself/herself beyond a period for which he/she has been granted a leave of absence;
(d) Fails to return to work within ten (10) working days after being recalled from a lay-off; or
(e) Is absent from work for three (3) or more consecutive work days without reasonable excuse or justification.
Section 3 - The Company will prepare from its records a seniority list of all employees in the bargaining unit as of the date of execution of this Agreement. The list shall be posted on the Company bulletin board for a period of thirty (30) days, during which time the Union may question the accuracy of an employee's position on the list, but the accuracy of this list may not be questioned thereafter. Any question raised during the thirty (30) day period will be negotiated.