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JUST THE TRUTH
Funhaven So
the campaign to unionize us is over. It cannot come back for at least 12 months, if it comes back at all. Some of us are happy
with the outcome of the campaign while others are not. The bottom line is that the majority has spoken. They have chosen to
forgo union representation and work with the company to resolve their issues. It is my hope that this can happen. If both
the employees and the company are reasonable, there is nothing we cannot accomplish together. This FMA was and still can be
the best place to work in all of New England. This local management team is the best around and that is because they have
the best tech ops team around. We didn’t get the name Funhaven for nothing you know. We work hard and play even harder.
Can we now put this all behind us and get back to being the best FMA around to work in? I know I would like to. How about
you?
C
OUR VOICE Our voice has been heard. The finale results in the Secret Ballot
Election are 50 against union representation 42 for union representation.
This is the final hour It all
comes down to one simple X in a box. If only the decision were that simple. If only it were just about you and me. But it’s
not that simple. We have to think about our families, how it will affect our finances and our working environment. This is
no simple task. We have been given an overwhelming amount of information over the last few weeks that can be difficult to
sort through. So how do we make this decision? Maybe we should ask ourselves what having a union would change or if it could
even change anything. Who could this negatively affect? Do you have extra money to pay monthly dues? If none of that helps
you maybe you should think about what kind of company you may be hiring to speak for you. Have you read their resume? Have
you seen the work they’ve done for other customers they have here at Comcast? You can look at that work by reading any
of the contracts. Any company is only as good as its body of work. Maybe then this decision will become more simplistic for
you. The bottom line is to make sure that you do vote. Don’t allow someone else to make this decision for you. It is
far too important and may be too costly. C
A note to Mr. Cableland Typically I don’t respond directly to a post from the Comcast Workers Blog, but this guy twisted
the truth so much (or he is just ignorant of the facts) I couldn’t let him get away with it. This is exactly why I say
“GET THE FACTS”. So here it is, unedited except for the F*^k word. Joined: 30 Jan 2010
Posts:
99
Location: cableland
I'm close by you Fall River
and Fairhaven Techs and I am pulling for you trail blazers!! Yes of course I send my card in every year now and tell my fellow
workers time has come to organize, but we know how Comcast beats the drums constantly about the "evils" of organizing.
Their favoritd line to have management say is " the union is a business like all others and is constantly trying to boost
profits by selling employees on the idea they need help getting a fair shake" Anyway
I hope you all stay together and vote in 2223, hopefully that will embolden more of our brothers and sisters in following
suit. I know Cathy from years ago, and she was pro-union before her plant ops days for sure...not to mention her wife was
put out of the business over an injury while a contractor. If she had been union atleast she would have had an organization
behind her for her rehabilitation and retraining...maybe Cathy should remember how Comcast and the contracting company just
tossed her wife aside like used garbage after her career ending injury. Oh yeah and Cathy, remember Comcast will gladly do
that to any of the rest of us too!! Why the f*^k do you think they spend all those millinons of dollars every year with their
anti-union campains? because to them we are expendable!!!!! Well Mr. Cableland, I have to hand it to you. You sure do sound like you know what you’re
talking about. The only problem is that most of what you said is so wrong; and I just can’t let you get away with it.
Oh sure, you got my name right and the fact that my ex-wife had a career ending injury,
but that’s all you got right. What you failed to mention is that the cable company at that time was AT&T not Comcast.
AT&T was a horrible company to work for which is also why I supported the CWA not the IBEW ten years ago but hey, why
say any of that. It’s not conducive to your cause right. Also, when you work for a cable contractor you don’t
work directly for the cable company. So how could Comcast (who wasn’t even here then) or AT&T for that matter, throw
her away like garbage? You also failed to state that she received a decent cash settlement as well as a bachelor’s degree
from U Mass Dartmouth and any future medical bills due to her injury, completely paid for. Oh and that’s right, she
got a weekly pay check while all this went through the court system. But you sure do sound like you know what you’re
talking about Mr. Cableland. It’s amazing to me how you have a lot to say about me and my family while you hide behind
your keyboard. It takes a lot of courage to do that. I am impressed. But maybe next time you should check your facts before
you speak.
C
All About Union Dues According to the Annual Financial Report for
the IBEW Local 2322 filed for the year 2010, they collected 648,217 dollars in dues and other agency fees and paid out 958,757
dollars. They also state that they paid 0 dollars on behalf of individual members however; they paid out 438,705 dollars for
Representational Activities. Schedule 15 of the report has the brake down of the 438,705 dollars, which is the single largest
portion of their disbursements. Of that, 349,652 dollars went to the officers of the 2322 and 15,339 dollars went to employees.
A whopping 38,937 dollars went to lawyers and an arbitrator. That's right 38,937 dollars of the 648,217 dollars was possibly
spent on behalf of the members. If my math is correct, that's about 6% of the dues collected that was potentially spent on
union members. So that means after collecting an average of 793.41 dollars per member the IBEW 2322 spent about 47.65 per
each of the 817 Verizon union members for all of last year. Wow!!!!! Once again, where do I sign up? I know.... I'm forgetting
about the VOICE the IBEW gives us here at Comcast. The one that will make Comcast stop raising our benefits or keep them from
changing the points and time frames. Its the same one that will keep them from laying anyone off. All that being said, I will leave you with
this thought. If the IBEW 2322 is not just about making money or collecting dues from members, then why will they have you
fired for not paying dues but will let you keep your job if you don't sign up to be a member? I was just wondering.
C
Job Security What does it mean to you? Does it mean less contractors working in our area? Do you know how
many actually work in our area? Do you know how many worked here three or five years ago? Does it mean more work done in house instead
of subbing it out?
Does it mean more in house techs? Do you know how many have been added over the last three to five years? Does it mean no
lay offs? Do you know when the last time a customer tech was laid off? The Fairfield contract states that a contractor cannot cause a
layoff and the company cannot use one while an employee is laid off if they have the same job classification. What happens
when we are fired for JUST CAUSE? Did a contract keep the phone company from laying off workers? I know it seems like there have been a lot
of reasons for us to feel like we need some kind of guarantee that we will have a job tomorrow. But is there ever really any
guarantee? Can a contract really stop any of us from not have a job tomorrow? If the company is going to down size what will
stop them? I know everyone says they cannot say what will be in our contract but I have not seen a contract that is all that
different from any other one here at Comcast. It seems like they have a big cookie cutter and they just stamp out another
contract. OK, so a word may be different here or there but is there really a big difference? Read them and then you can decide.
C
To all my fans on ComcastWorkers.com I want to give you guys a big THANK YOU for
all of your support and inspiration. I mean that from the bottom of my heart. I could not do this if it weren't for you guys.
I would have given up a long time ago but I can see how much you appreciate my efforts. It shows in your fan mail. Your creativity
is amazing. I don't know how you think that shit up but keep it coming. You really do inspire me. That being said, I told
you once before and I will tell you again. You cannot intimidate me and I will not go away. I will stand and fight just like
you do, but without the lies, I have the truth to back me up. One more thing, I want to thank you for your help. You are making
my fight a lot easier. C
Did you know that when you vote in the IBEW
you also sign their constitution? What a country we live in. Where else can you go and pay a monthly fee for a voice that
comes with rules for misconduct, offenses, and penalties? I got this right from their website. There is a link on the Did
You Know page of this site. By the way, there are 27 articles in their constitution. You may want to read it before you decide
to abide by it. C
Article XXV - Misconduct, Offenses and Penalties Sec. 1. Any member may be penalized for committing any one or more of the following
offenses:
(a) Violation of any provision of this Constitution and the rules herein, or the bylaws,
working agreements, or rules of a L.U.
(b) Having knowledge of the violation
of any provision of this Constitution, or the bylaws or rules of a L.U., yet failing to file charges against the offender
or to notify the proper officers of the L.U.
(c) Obtaining membership through
fraudulent means or by misrepresentation, either on the part of the member himself or others interested.
(d) Engaging in activities designed to bring about a withdrawal or secession from the I.B.E.W
of any L.U. or of any member or group of members, or to cause dual unionism or schism within the I.B.E.W.
(e) Engaging in any act or acts which are contrary to the member's responsibility toward
the I.B.E.W., or any of its L.U.'s, as an institution, or which interfere with the performance by the I.B.E.W. or a L.U. with
its legal or contractual obligations.
(f) Working for, or on behalf of,
any employer, employer-supported organization, or other union, or the representatives of any of the foregoing, whose position
is adverse or detrimental to the I.B.E.W.
(g) Wronging a member of the I.B.E.W.
by any act or acts (other than the expression of views or opinions) causing him physical or economic harm.
(h) Entering or being present at any meeting of a L.U., or its Executive Board, or any committee
meeting while intoxicated, or drinking intoxicants in or near any such meeting, or carrying intoxicants into such meeting.
(i) Disturbing the peace or harmony of any L.U. meeting or meeting of its Executive
Board, using abusive language, creating or participating in any disturbance, drinking intoxicants, or being intoxicated, in
or around the office or headquarters of a L.U.
(j) Making known the business
of a L.U., directly or indirectly, to any employer, employer-supported organization, or other union, or to the representatives
of any of the foregoing.
(k) Fraudulently receiving or misappropriating
any moneys of a L.U. or the I.B.E.W.
(l) Causing or engaging in unauthorized
work stoppages or strikes or other violation of the laws and rules of the I.B.E.W. or its L.U.'s.
(m) Willfully committing fraud in connection with voting for candidates for L.U. office, or for delegates to
conventions.
(It shall not be considered an offense when a L.U. mails out-or posts
in a conspicuous place-a sample of the official ballot to be used in any L.U. election. However, the sample shall not carry
any markings of any kind-except that the word 'SAMPLE' shall appear prominently across the face of the ballot. The sample shall otherwise be an exact
duplicate of the official ballot to be used.)
(1)
Notwithstanding the above, and in addition to the sample ballot, a L.U. may distribute an official publication which shall
list all candidates for L.U. office, together with a factual record of activities within the L.U., committee assignments performed,
offices held and experience gained for and in behalf of the L.U. This publication shall be prepared under the supervision
of the duly designated L.U. Election Board.
(2) The distribution of this
official L.U. publication, properly prepared as set forth above, shall not he in violation of Article XVI, Section 20.
(n) Soliciting advertising for yearbooks, programs, etc., when the name
of a L.U. or the I.B.E.W., or the names or pictures of L.U. or International Officers appear in such matter without consent
of the I.P. Any member, any officer or representative of any L.U., or other organization coming under the I.B.E.W.'s jurisdiction,
shall be held liable for allowing individuals or agencies to solicit such advertising without consent of the I.P or for in
any way violating this provision.
(o) Failure to install or do his work
in a safe, workmanlike manner, or leaving work in a condition that may endanger the lives or property of others, or proving
unable or unfit mentally, to learn properly his trade.
(p) Causing a stoppage
of work because of any alleged grievance or dispute without having consent of the L.U. or its proper officers.
(q) Working for any individual or company declared in difficulty with a L.U. or the I.B.E.W.,
in accordance with this Constitution.
(r) Willfully committing fraud in
connection with obtaining or furnishing credentials for delegates to the I.C. or being connected with any fraud in voting
during the I.C.
(s) Allowing another person to use, or altering in any manner,
his membership card, receipt, or other evidence of membership in the I.B.E.W.
Any member convicted of any one or more of the above-named offenses may be assessed or suspended,
or both, or expelled.
If an officer or representative of a L.U. is convicted of any one or more of the above-named
offenses, he may be removed from office or position, or assessed or suspended, or both, or expelled.
If a member,
or officer or representative of a L.U., is assessed and fails to pay the assessment, a lawsuit may be filed to collect the
unpaid assessment.
Charges and Trials
Sec. 2. All charges, except against officers and representatives of L.U.'s, shall be heard and tried by the L.U.
Executive Board which shall act as the trial board in accordance with Article XVII. A majority vote of the board shall be
sufficient for decision and sentence.
(This section shall not be construed to conflict with power of the I.P. or the l.E.C.
to take action in certain cases as provided in Articles IV and VIII.)
Sec. 3. All charges against a member or members must
be presented in writing, signed by the charging party, and specify the section or sections of this Constitution, the bylaws,
rules or working agreement allegedly violated. The charges must state the act or acts considered to be in violation, including
approximate relevant dates or places.
Sec. 4. Charges against members must
be submitted to the R.S. of the L.U. in whose jurisdiction the alleged act or acts took place within sixty (60) days of the
time the charging party first became aware, or reasonably should have been aware, of the alleged act or acts. The charges
shall be read out but not discussed at the next regular meeting of the L.U. following the filing of the charges. The R.S.
shall immediately send a copy of such charges to the accused member at his last, known address together with written notice
of the time and place he shall appear before the trial board.
Sec. 5. The
trial board shall proceed with the case not later than forty-five (45) days from the date the charges were read at the L.U.
meeting or Executive Board meeting. The board shall grant a reasonable delay to the accused when it feels the facts or circumstances
warrant such a delay. The accused shall be granted a fair and impartial trial. He must, upon request, be allowed an active
I.B.E.W. member in good standing to represent him.
Sec. 6. When the trial
board has reached a decision, it shall report its findings, and sentence, if any, to the next regular meeting of the L.U.
Such report or action of the board shall not be discussed or acted upon by the L.U. The action of the trial board shall be
considered the action of the L.U., and the report of the board shall conclude the case, or cases, except for the accused having
the right to appeal to the I.V.P., then to the I.P., then to the l.E.C. and then to the I.C. However, the board may reopen
and reconsider any case or cases when it feels the facts or circumstances justify doing so any time within thirty (30) days
from the date decision was rendered. The board shall reopen any case or cases when directed to do so by the l.V.P. or the
I.P.
Sec. 7. If the accused willfully fails to stand trial or attempts to
evade trial the trial board shall proceed to hear and determine the case just as though the accused were present.
Trials of Officers and Representatives
Sec.
8. All charges against an officer or representative of a L.U. must he presented in writing, signed by the charging
party, and specify the section or sections of this Constitution, the bylaws, rules or working agreement violated. The charges
must state the act or acts considered to be in violation, including approximate relevant dates and places, and must be made
within sixty (60) days of the time the charging party first became aware, or reasonably should have been aware, of the alleged
act or acts.
Such charges must be filed with the l.V.P. in whose district the L.U. is located where the alleged
act or acts took place, or as directed by the I.P. should more than one district be involved.
(This section shall
not be construed to conflict with power of the I.P. or the l.E.C,. to take action in certain cases as provided in Articles
IV and VIII.)
Sec. 9. The I.V.P. shall pass upon and determine such cases, with the accused having the right of appeal to the
I.P., then to the l.E.C., then to the I.C. Any such appeal, to be recognized, must be made within thirty (30) days from the
date of the decision appealed from. No appeal from the l.V.P. shall suspend operation of any decision.
Sec. 10. The I.V.P. may require that all evidence, testimony, or statements be submitted to him in writing for
review, decision and sentence (if any) or he may hear the case in person. If he so decides, he may appoint a referee, who
may or may not be a member, to take testimony and report to him.
Sec. 11.
The l.V.P. may reopen any case or cases when there is new evidence or testimony, facts or circumstances, which he feels are
sufficient to justify such being done.
Appeals
Sec. 12. Any member who claims an injustice has been done him by any L.U., trial board, or by any System Council,
may appeal to the l.V.P. any time within forty-five (45) days after the date of the action of the L.U., trial board or System
Council.
A copy of any appeal must be filed with the L.U., or with the System Council, as the case may be.
Sec. 13. No appeal for revocation of an assessment shall be recognized unless
the member has first paid the assessment, which he can do under protest. When the assessment exceeds fifty dollars ($50.00),
payments of not less than forty dollars ($40.00) in monthly installments must be made until the assessment is paid or until
a final decision on the appeal is made, whichever occurs first. The first monthly installment must be made within fifteen
(15) days from the date of the decision rendered and monthly installments continued thereafter or the appeal will not be considered.
Sec. 14. When a decision has been rendered by the l.V.P. it shall become effective
immediately.
Sec. 15. No appeals from decisions of the l.V.P., or from the
I.P., or from the l.E.C., shall be recognized unless the party or parties appealing have complied with the decision from which
they have appealed. However, this section may be waived by the party making the decision if good and sufficient reasons are
furnished and he is requested to do so.
Sec. 16. Appeals to the I.P. and
to the l.E.C., and to the Convention, to be considered, must he made within thirty (30) days from the date of the decision
appealed from. (Appeals to the l.E.C. and to Conventions must be filed with the I.S.T) If no appeal is made within thirty
(30) days from the date that any decision is rendered, such decisions shall be considered final.
Sec. 17. Any member penalized or otherwise disciplined for an offense may appeal.
Sec. 18. When an appeal is taken above the l.V.P., only the evidence submitted in the original case of appeal
shall be considered.
In cases where parties claim they have new and important evidence affecting a case in which
decision has been rendered, they may submit this within thirty (30) days to the authority who rendered the first decision,
with a request that the case be reopened. Such authority shall decide whether the matter submitted justifies reopening the
case.
 This is right from the latest contract.
Do you completely understand what it states? I know I get lost in this article. It spells out everything from the language
that needs to be used right down to how long each step will take. The one thing it doesn't have is a guarantee that
your grievance will be processed. Does that mean the shop Stewart decides if you have a grievance? I look forward to paying
someone every month so they can decide if I should have a voice at Comcast. C
ARTICLE 5
GRIEVANCE AND ARBITRATION PROCEDURE
A grievance is defined as an allegation by the Union or the Company that an
explicit provision of this agreement has been violated. Grievances must be in writing and shall contain; (a) the name of the
grievant; (b) reference to the specific language and section of this Agreement alleged to have been violated (including specific
paragraph cites); and (c) a detailed account of the alleged facts which form the basis of the grievance; and (d) an explanation
of how the alleged facts constitute a violation of the cited language. The grieving party may modify the grievance by adding
additional grievants or modifying the specific language alleged to have been violated prior to filing the grievance to arbitration.
The non-grieving party shall have no obligation to process a grievance that is not in compliance with the provisions of this
paragraph.
2. As a prerequisite for the administration of this Article, the parties shall
establish a uniform numbering system for the identification and processing of grievances. The parties acknowledge that the
grieving party has an affirmative obligation to assist the non-grieving party to understand the factual and contractual basis
of any grievance and shall respond to any reasonable request regarding the identification and nature of any grievance.
3. The following procedure shall be utilized in the processing of grievances:
Step 1: within fourteen (14) calendar days of the occurrence giving rise to the grievance, the grievance shall be reduced
to writing in accord with the requirements of paragraph 1 of this Article and, in the case of a grievance filed by the Union,
the grievance shall be presented by the Union steward to the
grievant's direct supervisor or the Company's local Human
Resource Manager. ln the case of a grievance filed by the Company, the grievance shall be presented to the Union steward.
The parties agree to meet and discuss the grievance within 14 days at this stage (unless mutually waived). The non-grieving
party will have ten (10) calendar days to respond to the grievance in writing.
Step 2: lf the grievance is not satisfactorily
adjusted in Step 1, within ten (10) calendar days of the Step 1. response, the grieving party may move the grievance to Step
2 by submission of a written request for a meeting between the Regional Director of Human Resources and the Union Business
Agent, or their designees' The meeting will be scheduled within ten (10) calendar days of the Step 2 request, or as otherwise
agreed in writing by the parties. At that meeting, the grieving party shall present its case, and
any supporting documents
or proofs, and shall be obligated to specifically explain the basis of its allegation. The non-grieving party shall respond
to the Step 2 appeal, in writing, within ten (10) calendar days of the meeting.
Arbitration:
lf the grieving party is not satisfied with the Step 2 decision, it may make a demand for arbitration with the American Arbitration
Association ("AAA") within (30) days of receipt of the Step 2 decision. A copy of the demand for arbitration must
be sent simultaneously to the non-grieving party, the demand for arbitration shall reference the grievance number under the
uniform numbering system. The arbitration will proceed pursuant to the labor arbitration rules of the AAA. The Arbitrator
will issue
an award within thirty five (35) days of the hearing.
4. The grieving party's failure to meet the time limits and abide by the procedural requirements
as stated herein will bar the grievance from consideration thereafter. Either party may request an extension to the time limits
stated in this article.
5. The arbitrator
shall not have the authority to change, modify, or alter the language of this Agreement. The arbitrator's decision must reflect
the language of this Agreement as specifically identified in the grievance. The Arbitrator may not set wage rates or expand
the Agreement in any manner, Disputes over rates of pay (except for claims that an employee has not been paid in accordance
with the terms of this Agreement), or insurance benefits, shall not be abatable. Any back pay award must be reduced by any
interim earnings including but not limited to unemployment insurance, The arbitrator’s decision will apply only to the
grievant identified in the grievance; this Article does not allow for the processing of class grievances, without the express
written consent of the parties. The arbitrator shall only have the authority to hear and determine one grievance, and no more
than one grievance shall be submitted to any one arbitrator, unless the Company and the Union agree otherwise in writing.
6. The parties shall equally share the cost of the fees and expenses of the arbitrator
(including any room rental). Each party shall pay its own attorney’s fees and expenses.
Coming soon to an office near you
“The Secret
Ballot Vote” The time has come, are you
ready? Do you have enough of the facts to make an informed decision or do you still have questions? What are your concerns?
Will they be addressed in a contract? Get the facts before you cast your vote. We are about to make a decision that will affect
us all and it may very well be the most important decision you make here at Comcast. We owe it to ourselves to make an educated
decision. It is up to us to ask the questions that are important to us. The best way to see how the union can address our
concerns is to read how they have, or have not, done so in all the other contracts. It is all there in black and white. Talk
is cheap but contracts can be expensive and they don’t lie
C
This is
right from the Comcast Union Bulletin Board.
Comcast is talking about the "Management
Rights" clause in contracts that it has signed with the local union members in other locations around the country.
What is the "Management Rights"
clause and why is management trying to use it against employees?
The "Management Rights" clause in union contracts spells out that management
has the right to run its business. If you read the "Management Rights" clause by itself,
it gives the impression that management can do just about anything it wants to. That's why management is
running around talking with everyone about how it makes the union weak.
But it's not the whole story. That's
because the Management Rights clause applies – "Except as modified by an explicit provision of this agreement
or established past practice."
So in fact, "Management Rights" shows just how
much a union contract spells out in great detail all of your rights under the other clauses of the contract.
Contract clauses that limit any
discharge or discipline except for "just cause"; language that spells out rights on job assignments, titles, promotions
and use of contractors. Pages and pages of language that give union members some "say so" on
almost every aspect of your work day and job security!
All backed up by a grievance procedure with teeth because the final
decision in a dispute about your rights is decided by a neutral party.
Management wants to talk with everyone about "Management Rights";
but now it's time to talk about Workers
Rights!
COLLECTIVE BARGAINING AGREEMENT between
COMCAST and IBEW Local 827, AFL-CIO, March 1, 2011 – February 28, 2013 Articel 6 Discipline and Discharge
For the purpose of this article just cause shall be interpreted to include but
not limited to violations of law and procedure, violations of public policy, for failure to meet quality standards for workmanship,
productivity, customer service and interactions, and any type of dishonesty.
This is directly
from the contract. It is not the whole article, just the part in reference. This is the contracts definition of "Just
Cause." Not Comcast's or the union's, this is the definition a third party will use to make any decision surrounding
DISCIPLINE AND DISCHARGE. Not someone's interpretation of the contract. It doesn't leave out too much, especially when it
states "but not limited to"
ARTICLE 28 USE OF CONTRACTORS The Company's right to utilize contractors shall not be encumbered in any manner
by this Agreement except that the use of contractors shall not cause a layoff of employees in the affected classification
and the Company shall not use contractors while technicians in that classification are on layoff.
ARTICLE 15 LAYOFF AND RECALL When it becomes necessary to reduce the work
force, the last employee on the seniority list of the affected classification shall be laid off first, provided the remaining
employees have the requisite skill and ability to perform the work. Again, this is right from the contract. It provides some protection. I like that
no one gets laidoff if there is a contractor in use. However, I don't think I like the part about having the requiste skill.
That sounds like to me if someone has better numbers or certifications but less seniority, they will keep their job before
someone with more seniority, shitty numbers and less certs. How else would someone distinguish one tech from another? This
is Webster's definition of requiste skill; required or necessary for
a particular purpose, position,
etc.; indispensable: Again, this is what the third party goes by, the contract. Comcast
and the union can go back and forth at each other all day long. When push comes to shove it comes down to you and me. After
a year of trying to get Comcast to voluntarily recognize our FMA as unionized with the IBEW, does anyone think they will change
their mind? What do they call it when you keep doing the same thing expecting a different result? So unless there is a petition
filed and a vote held, what is the purpose of all this? At the end of the day, none of this matters unless there is a vote.
c
ARTICLE 3
MANAGEMENT RIGHTS
Except as modified by an explicit provision of this Agreement, or established past practice that
is acknowledged by the parties and established following the effective date of this agreement, the Company retains the exclusive
right, to operate, control and manage the business and to direct the employees in the fulfillment of their duties as those
duties are determined by the Company. The Company shall continue to be exclusively responsible for all managerial functions
and prerogatives. The parties acknowledge that the explicit language of this Agreement shall govern and that, in no event
shall any managerial right, function or prerogative be modified or diminished by any practice or course of conduct.
Specifically, but without any manner limiting or affecting the generality of the forgoing, it is understood that this Agreement
shall not be construed to limit in any way the Company's right to determine the method of operations and services; to subcontract
work subject to Article 28; to select and determine the number of its employees, including the number assigned to any particular
work and classification and the number of employees within classifications assigned to any shift, work week or work location;
to determine the qualifications of employees; to assign and direct the work of employees, including determination of the tasks
and duties to be assigned to employees, to create new positions; to assign new duties to existing positions; to determine
the hours of work and to increase or decrease the number of hours worked; to evaluate performance, counsel, reprimand, suspend,
discharge or otherwise discipline employees for just cause; to demote, promote, transfer, layoff and recall employees; to
require employees to wear uniforms; to determine the suppliers and customers with whom it will deal, and the services materials,
equipment and supplies that will be required; to increase or decrease the size of the workforce; to establish and enforce
standards to measure and evaluate employee performance and productivity; to introduce new or improved methods of operation
or technology; to close or move operations.
All of the rights vested with the company prior to this Agreement are
retained by the company except as specifically and explicitly restricted herein. The Company's exercise or non-exercise of
a retained right shall not operate as a waiver of such right. Nothing in this Article shall interfere with the Union’s
right to enforce other articles of this agreement by and through any means permissible.
The Company shall have
the right to make and enforce new work rules, and to enforce, change, abolish or modify existing rules, applicable to employees
covered by this Agreement, as it may deem necessary or advisable, unless it is expressly prohibited from so doing by a provision
of this Agreement. Such work rules shall be reasonable and supported by the business related reasons and may include, but
are in no way limited to, attendance policies, disciplinary rules, facility and equipment rules, operational rules and procedures,
productivity standards and procedures, and safety rules and procedures. Any
questions????
Union Meeting with Fairfield Technicians
If you have not heard yet, there is a meeting in Fall River on Wednesday Oct. 19th at 7:30 p.m. at the Elks
club on North Main St. by the rotary. There is no better time for you to ask
your questions then at this meeting. I know some of you have been reading the Fairfield contract the past few days and I am
sure it will be available for those who have not yet had the time. If you’re still not sure what is best for yourself
and your family, this is the perfect time to see how Fairfield got their Voice at Comcast. I myself would like to know why
the union dues are not written in the contract. Does that mean it can change at any time without member approval?
Or why do they waste time negotiating things that are regulated by federal or state law, like military leave or jury
duty. If it takes a lawyer to write the contract, then who translates it for the members to understand?
I have been on a mission the last few months to try and put as much information as possible at your fingertips while
trying not to be biased. At times, it has not been easy. I wanted everyone to be able to make an informed decision for themselves
and their families. This decision will affect all of us. I know we all have our opinions about what is best for us in this
FMA. However, I think we owe it to ourselves and our families, to make sure we have all the facts before making a choice and
not just go by what someone writes on a blog or what they heard from someone else. The information is out there. You just
have to take some time to look at it.
c
Correction When
I wrote "Where is the Voice???" I stated that the union members in Fairfield N.J. paid 1.7% of their gross pay.
This is incorrect. They pay 1.7% of their gross basic wages.
Where is the Voice???
Having a voice means something
different to everyone and others could care less about having one. We all have our opinions. I have heard talk over the last
year or so about having a voice at Comcast for things like; health benefits, job security, safety and seniority. Just to name
a few. Some think they can get a voice by joining the local union. Others don't think so and some just don't care either way.
I wanted to find out, for myself, why some of us employees think that the union can give them a voice. So I sat down in the
office on my day off and read all the union contracts that are within Comcast. Here is where I have to say that I just don't
see how the employees that are represented by their local union got a voice by joining the union. Here is why I say this.
Concerning health care and retirement, Comcast can do what they
want because all the contracts give them the power to change everything from the cost, what they offer, to how much they match
in the 401k without renegotiating the contract, as long as they change it for all employees.
As far as safety goes, they all state that the employer shall make reasonable provisions
for the employee’s safety. To me, that means they have to follow state and or federal regulations. Which, they already
do. I found the seniority article interesting in that
when it came to layoffs, the company could move someone up the chain if they thought they were better qualified than someone
already up the chain. When an open position became available the first thing that gets looked at is if the person is qualified
or certified, then it was seniority. The part where it came
to eliminating jobs; (job security) well the company can do what they want, as long as they didn’t layoff someone just
to replace them with a contractor. All the contracts are pretty
much the same, even when you go from the oldest to the newest. The only thing that did change was the yearly raises and let
me tell you, they pretty much all went down over the last couple of years. Nothing else ever changed. Nothing was gained on
the second or third contract. To make matters worse, all the talk of those represented employees not losing things like bonuses
and self-promotion because they never had them to begin with, well Fairfield N.J. just lost them. That was the first contract
that Comcast did not inherit. However, it is just like all the others. Did someone really think that one was going to be different?
Let’s be honest here, one hundred technicians is not enough to make any company bend to their will. Hell, 45,000 were
not even enough. I feel bad for those techs. The only thing they got, that they didn't already have, was a bill for 1.7% of
their gross income per pay period. That’s 3.4% a month and 5.1% on months that have three pay checks. That seems like
a lot to pay for them to just lose things. But I guess the good news is that they will get a 1.9% raise in 2011 and 2012.
Where do I sign up?
It does not take a college grad to do this kind of math. Thank god, because I am just a cable tech with a high
school diploma. However, I think we are smart enough to see that this does not add up well for anyone but the people collecting
the dues and the company that doesn't have to pay out bonuses or let its employee’s self-promote. If anyone can see
how, we the employee, could benefit from this kind of representation, please school me on it because I would like to see some
things change around here as well. I just don’t see the change in any of the existing contracts and I don’t believe
the local IBEW can make our contract any different than the others. If they could, why didn’t they do it for Fairfield?
c
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Tuesday, September 6, 2011
What did the unions get for the strike at Verizon? What did the employee get?Here are some of the headlines; CWA and IBEW abandon workers victimized
by VerizonVerizon Strike: Workers Going
Back To Work Without Deal Back
to Work: Help Verizon Workers Win a Fair Contract
10:38 pm edt
Friday, August 19, 2011
Why do the Politicians want to take away our right to vote?
Representatives Barney Frank and John Tierney; Mayors William Flanagan and Scott Lang; as
well as aides from Reps Keating, Lynch, McGovern and Sen. Kerry urged Comcast Senior VP for Government Relations Mark
Reilly and Senior Regional VP Stephen Hackley to voluntarily recognize
the techs' union in Fall River and Fairhaven. The hour long meeting took place in Mayor Flanagan's office
in Fall River on August 15.
"We sent a strong message of support for the Comcast techs and let management know
that we have their backs," said one of the aides afterwards. "But Comcast still refuses to voluntarily
recognize the union."
In letters sent to the politicians prior to the meeting, Comcast claimed it
was a "pro-employee" company that "respects the right of our employees to choose whether to be represented
by a union."
Although U.S. labor laws allow the voluntary approach, Comcast argues that if
employees desire to gain collective bargaining rights, they should petition the NLRB for an election to prove their majority.
At the meeting, one of the elected officials pressed the executives about the possibility of adopting a code of
conduct or ground rules for an NLRB election that would prevent Comcast management from engaging in tactics that are part
of its aggressive anti-union playbook. The executives would not consider it. Comcast has the right to decline
(voluntarily recognizing the tech's union). Just like the techs have the right to ask.
I
guess this is why it may be important (to you) to decertify your signed union card if you have changed your mind since you
signed it. They can still use it to try to get Comcast to voluntarily recognize the union or petition the NLRB for a vote.
There is information on how to decertify (or get back) your card on the Did You Know page of this site. If you need help,
I can help you. Here are some of the rules for the employer (what
they can't do) from the NLRB website. The National Labor Relations
Act forbids employers from interfering with, restraining, or coercing employees in the exercise of rights relating to organizing,
forming, joining or assisting a labor organization for collective bargaining purposes, or from working together to improve
terms and conditions of employment, or refraining from any such activity. Similarly, labor organizations may not restrain
or coerce employees in the exercise of these rights. Examples of employer conduct that
violates the law: - Threatening employees with loss of jobs or benefits if they join
or vote for a union or engage in protected concerted activity.
- Threatening to close the plant
if employees select a union to represent them.
- Questioning employees about their union sympathies
or activities in circumstances that tend to interfere with, restrain or coerce employees in the exercise of their rights
under the Act.
- Promising benefits to employees to discourage their union support.
- Transferring, laying off, terminating, assigning employees more difficult work tasks, or otherwise punishing employees
because they engaged in union or protected concerted activity.
- Transferring, laying off, terminating,
assigning employees more difficult work tasks, or otherwise punishing employees because they filed unfair labor practice
charges or participated in an investigation conducted by NLRB.
I have not seen Comcast break any of these rules in our FMA. In fact, here is a
quote right from the Union Bullentin Board; "No one has been fired or disciplined because of their union activity. In fact,
union supporters have been mostly well treated by our local managers." Both parties have rules to adhere to from the NLRA and there is
a board to enforce them. If there is going to be a code of conduct, then both parties should have one. If Comcast can't
fight back, then the Union should not be able to lie. Again, let's be honest here, both parties have things to be gained and things
to be lost. I think the trick is for us employee's to educate ourselves so we can make a good decision for ourselves and
our families. Here are some of the rules for the union (what they
can't do) from the NLRB website. Examples
of labor organization conduct that violates the law: - Threats to employees that
they will lose their jobs unless they support the union.
- Seeking the suspension, discharge or
other punishment of an employee for not being a union member even if the employee has paid or offered to pay a lawful initiation
fee and periodic fees thereafter.
- Refusing to process a grievance because an employee has criticized
union officials or because an employee is not a member of the union in states where union security clauses are not permitted.
- Fining employees who have validly resigned from the union for engaging in protected concerted activities following
their resignation or for crossing an unlawful picket line.
- Engaging in picket line misconduct,
such as threatening, assaulting, or barring non-strikers from the employer's premises.
- Striking
over issues unrelated to employment terms and conditions or coercively enmeshing neutrals into a labor dispute.
4:23 pm edt
Friday, August 12, 2011
So Verizon is on strike. Who will win this battle? I found this article on the CNN Money website and found it to be non-judgmental
of either side and reported just the facts about Verizon's financial state.Both sides could lose in Verizon strike
By Scott Woolley August 8, 2011:
10:55 AM ET
Verizon's unions face problems that picket lines simply can't fix.
FORTUNE -- The union representing the 45,000 Verizon Communications' (VZ) employees who went on strike yesterday says
that the company is using "Wisconsin-style tactics" in an effort "to strip away 50 years of collective bargaining
gains for middle class workers and their families." The striking workers also made a point of highlighting the
hefty $6 billion in profit they estimate Verizon will make this year as well as the $10 billion check the company just agreed
to write to Vodafone (VOD). (which, by the way, owns 45% of Verizon wireless)
If it weren't so greedy, a well-off company like Verizon could obviously afford to maintain current worker benefits, the union
argues.
Unfortunately for the union -- and for Verizon shareholders -- things aren't that simple.
Only
one side of Verizon's business is booming, the wireless arm of the company that is staffed by non-union employees. Of the
$9.6 billion in operating income Verizon recorded in the first half of 2011, 94% of it came from its wireless business, according
to the company's SEC filings.
In the other part of Verizon's business, selling local phone lines and other types
of "wireline" service, things look far more grim. Five years ago, the company had 47 million local phone lines
in service. As customers have cut off landline service in droves -- 30% of American homes are now wireless-only -- that business
imploded. Verizon now has 25 million local phone lines in service and is losing another 8% every year.
To
keep pace with the shrinking landline market, Verizon has had little choice but to steadily slash its payroll. Five
years ago, it employed 252,000. Now its payroll is down to 196,000.
Much like the large car companies in Detroit,
the big local telephone companies first negotiated pension deals and health care benefits with their union members decades
ago. For Verizon, those costs have proven far larger than originally estimated, haunting it.
Over the past
10 years Verizon has booked at least one type of "special" charge to cover retiree costs every single year. (Last
year Verizon paid $1 billion in severance to coax another 11,900 union members to retire.) Verizon's total bill for the decade's
worth of severance costs comes to a whopping $18 billion, according to an analysis by Craig Moffett of Sanford Bernstein &
Co.
"These charges...are classified as 'special' items that are ignored by most investors," Moffett points
out. Include them and suddenly the thin profit margin in Verizon's wireline business disappears altogether. (The wireline
business also got a big boost from Verizon's "FIOS" network that replaced copper phones lines with fiber optic cables.
Without that huge investment, the wireline segment would be shrinking fast.)
Retirement costs seem certain to continue
to drain money from Verizon, perhaps even faster than before. One looming problem: underfunded pensions. The same low
interest rates that make Verizon's 5.5% dividend yield so tempting to its shareholders lower returns on Verizon's pension
investments. Union members are going to look to shareholders to make up the difference.
The gradual obsolescence
of the phone network is going to be brutal for both Verizon and unions representing communications workers. Neither side can
do anything to halt the march of technology, which is inexorably replacing old landlines with cell phones and calling services
like Skype (which is in the process of being bought by MSFT). All they can do is try and stick the other guy with a
bigger share of the inevitable pain. After losing 56,000 jobs due to losing 22 million customers, not to mention that they are losing 8% of
the landline business every year, why does the union think a strike is a good idea? I know, it is all that profit Verizon
made right? The 9.6 billion in the first half of 2011. Well, 94% of that profit comes from the wireless sector of the
business. Does the remaining 6% cover the cost of the landline sector? You can't get blood from a stone right? Do you think
the wireless worker should support the landline worker? Is that fair? Especially when they are not in the union with the landline
worker or any union for that matter. What about the worker on the picket line? I know they voted to go on strike, but do they
really know what their chances are or were they misguided? Let's understand something, the unions are a business just like
Verizon and Comcast and they need to make money too. They lost 56,000 workers paying dues over the last five years from Verizon
alone. I'm not saying that the union is responsible for Verizon's money problems however; I think there has to be some kind
of a reality check here. I feel bad for the worker who may not have any income to live on. Because that's who is really in
trouble here, the worker, even thou they are in a union.
C
Tuesday, July 19, 2011
What did Fairfield New Jersey get with their new VOICE??????Did they get a VOICE? Did they get Local Managements
Respect? Did they get better pay? Did they get better working conditions? Did they get better work hours? Did they get better
job security? Did they get a better 401K match? Did they get a pension? Did they get better benefits? Can their benefits go
up in the middle of a contract? What are their dues? Is it a percentage of their gross or net pay? If they get too much work
one day, what can they do about it? Did they just get pretty much the same as all the other contracts? What did they lose? Did they lose their bonus program?
Did they lose their trucks? Did they lose any raises while waiting for their contract? Did they get it back when the contract
was approved? Did they lose their Comtech Evolution program? If you don't believe the contracts that Comcast has for you to read, why not get
them from your local IBEW representative? If Comcast's are fake, why isn't the IBEW handing out flyers with the real one? What kind of power is in 97 techs? Is that enough to make
Comcast give us what we really want or just enough for the IBEW to make up for some of the members they have recently lost?
C
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2011.09.04 |
2011.08.14 |
2011.08.07 |
2011.07.01
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