AGREEMENT
between
COMMUNICATIONS WORKERS OF AMERICA
LOCAL 1101
and
UNITED TELEPHONE COMPANY OF NEW
JERSEY, INC.
Located at Clinton, N.J.
Effective Date: April 1, 2021
Expiration Date: March 31, 2024
Table of Contents
Article Page
CWA 1101 NJ i April 1, 2021
1 Recognition ........................................................................ 1
2 Authorized Representation ................................................. 2
3 Terms ................................................................................. 3
4 Collection of Union Dues & Agency Shop .......................... 4
5 Maintenance of Union Membership ................................... 5
6 Nondiscrimination ............................................................... 6
7 Grievance Procedure ......................................................... 7
8 Arbitration ........................................................................... 9
9 Hours of Work and Pay Practices .................................... 10
10 Working Conditions .......................................................... 16
11 Wages .............................................................................. 22
12 Holidays ............................................................................ 23
13 Paid Time Off (PTO) ........................................................ 25
14 Benefits ............................................................................ 28
15 Sick Benefits Accident Disability ................................... 31
16 Excused Paid Absences .................................................. 35
17 Leaves of Absence ........................................................... 36
18 Job Vacancies .................................................................. 38
19 Excused Union Absence .................................................. 39
20 Layoffs .............................................................................. 39
20.09 Employee Income Protection Plan ................... 40
21 Seniority ........................................................................... 43
21.02 Bridging of Service ......................................... 45
22 Contract Work .................................................................. 45
23 Outside Employment ........................................................ 46
24 Bulletin Boards and Non-Solicitation ................................ 46
25 Company Responsibilities ................................................ 47
Work and Safety Policies and Rules ......................... 47
26 Definition of Agreement .................................................... 48
27 Duration of Contract ......................................................... 48
28 Recognition ...................................................................... 49
29 Call Out and Stand By ...................................................... 50
30 Strikes and Lockouts ........................................................ 51
31 Pension Agreement .......................................................... 52
32 Savings Plan Agreement .................................................. 57
Signature Page ................................................................ 60
Appendix A (Wage Schedules) ................................... 61-62
Appendix B (Pension Monthly Benefit) ............................ 63
Letter of Agreement Job Classifications ....................... 64
Index ............................................................................... A-B
CWA 1101 NJ 1 April 1, 2021
AGREEMENT BETWEEN
COMMUNICATIONS WORKERS OF AMERICA
AND
UNITED TELEPHONE COMPANY OF NEW JERSEY, INC.
This Agreement is made and entered into this 1st day of April,
2021 by and between the COMMUNICATIONS WORKERS OF
AMERICA, an unincorporated association hereinafter called the
"Union," and the UNITED TELEPHONE COMPANY OF NEW
JERSEY, INC., D/B/A CenturyLink, a corporation organized under
the laws of the State of New Jersey, or its successors or assigns,
hereinafter called the "Company." This Agreement has been
negotiated by the Communications Workers of America on behalf
of all non-management employees in the bargaining unit in job
classifications shown in the wage schedules appendixed hereto, in
the Company locations formerly known as New Jersey Telephone
Company as certified by the N.L.R.B. This Agreement shall
continue in full force and effect throughout its term as a
commitment binding the Company, all employees in the bargaining
unit, and the Communications Workers of America.
The Union agrees that its members will individually and collectively
perform loyal work and service and that they will use their skills
and efforts to protect the property and interests of the Company,
its good name, and its service to the public.
The Company and the Union recognize that it is in the best
interest of both parties the employees and the public that all
dealings between them continue to be characterized by mutual
responsibility and respect.
To insure that this relationship continues and improves, the
Company, the Union and respective representatives at all levels
will fairly apply the terms of this contract in accord with its intent
and meaning, consistent with the Union's status as exclusive
bargaining representative of all employees in the unit.
ARTICLE 1
Recognition
Section 1.01 The Company hereby recognizes the
Communications Workers of America as the sole collective
bargaining agent for non-supervisory employees as certified by the
N.L.R.B. (except those employees specified under Article I,
Section 1.02 of this Agreement, or otherwise excluded by the
National Labor Relations Act) whether such employees are
CWA 1101 NJ 2 April 1, 2021
members of the Union or not, for the purpose of collective
bargaining with respect to wages, hours, and other conditions of
employment for the purpose of entering into agreements with
respect thereto which shall be binding upon the Company, the
Union and all employees in the bargaining unit.
Section 1.02 "Confidential employees" who are assigned to
work in management offices or whose work entails the handling of,
or access to, confidential company matters or files, stock lists,
dividend payments, etc., and other matters of a confidential or
policy nature shall be excluded from the bargaining unit. The
Company will keep the Union informed of any change in
employees in this classification.
Section 1.03 It is recognized by the Company that the
Executive Committee of the Union is vested with the power to
represent the Union in dealing with the Company as the
bargaining agent under this Agreement, and it is recognized by the
Union that representatives designated by the President or Vice
President of the Company are vested with the power to represent
the Company in dealing with the Union under this Agreement.
Section 1.04 The Company and the Union will each be responsible
for distributing the contract on their own. Both parties will
endeavor to have the contract reviewed, proofed, and executed
within one hundred twenty (120) calendar days after notice of
ratification.
ARTICLE 2
Authorized Representation
Section 2.01 It is mutually agreed that collective bargaining with
respect to rates, wages, hours of employment and other conditions
of employment, shall be carried out by the Manager -
Employee/Labor Relations or his/her designee on behalf of the
Company and such representatives of the Union as are authorized
to bargain collectively for the purpose stated above. No
agreement between the Company and the Union shall be effective
and binding upon the parties unless and until signed by an Officer
of the Company and the Vice President or designated
representative of District I for the Union.
Section 2.02 The Company will recognize the duly elected
employee Union delegates and/or their alternates. The Union will
notify the Company as to the identity of such delegates and
alternates and will promptly notify the Company of any change in
CWA 1101 NJ 3 April 1, 2021
the status of such representatives.
Section 2.03 Delegates or alternates shall not absent
themselves from work without the expressed permission of their
Company supervisor.
Section 2.04 Union employee delegates or alternates and the
Grievance Committee, with the approval of management, shall be
permitted to confer with management on grievance matters
without loss of pay during regular working hours. This provision
does not cover time spent for contract negotiations, arbitration
proceedings, or government agency proceedings.
ARTICLE 3
Terms
Section 3.01 Probationary Employees - Employees shall be on
probation for the first twelve (12) months of employment. The
Company shall have the right to discharge employees during their
probationary period, and such discharge shall not be subject to the
arbitration provisions of this Agreement. Upon satisfactory
completion of the probationary period, employees shall be placed
upon the seniority list as of their date of hiring and be considered
eligible to sign bids for jobs posted in the bargaining unit. The
probationary period of any employee may be extended by mutual
agreement between the Company and the Union.
At the discretion of the Company, probationary employees may be
excluded from late shift, call-out and scheduled overtime if they do
not possess the necessary qualifications to do the work required.
Section 3.02 Regular Employees - These are individuals whose
employment is expected to continue indefinitely, although it may
be terminated at any time by action on the part of the employee or
the Company.
Section 3.03 Temporary Employees - These are individuals
whose employment is for a limited period or for a specific project
and is expected to continue to the end of the period or the
completion of the project, although it may be terminated at any
time by action on the part of the employee or the Company.
Temporary employees are not eligible to receive Company
benefits.
Section 3.04 Part-time Employees - Employees in a part-time
status are those who are regularly scheduled to work 30 hours per
CWA 1101 NJ 4 April 1, 2021
week or less are eligible for benefits in accordance with Company
policy, subject to eligibility requirements of the particular benefit
plan and relevant waiting periods. Part-time employees would be
eligible to receive pro-rated holiday, and PTO. Other benefits are
defined by Company policy.
Section 3.05 Occasional Employees - These are individuals
whose employment is on a day-to-day basis. They are employees
only on the days on which they work. Occasional employees are
not eligible to receive Company benefits.
Section 3.06 The Company will provide advance notification to the
Union regarding changes to existing or new job classifications.
The Union, within fifteen (15) calendar days of receipt of the
notification, may request a meeting between Company
representatives. During the meeting, both the Company and the
Union will present their respective positions on the matter, attempt
to negotiate alternatives presented by the Union to resolve any
differences, and both parties will make every effort to reach a
mutually agreeable settlement. If the parties are unable to reach
agreement within (15) calendar days, the matter will be directly
pursued to arbitration by the Union. In the interim, the Company
will continue with the implementation of the change or new
classification.
ARTICLE 4
Collection of Union Dues & Agency Shop
Section 4.01 Each employee who is or becomes a part of the
bargaining unit shall, as a condition of employment, pay or tender
to the Union amounts equal to the periodic dues applicable to
members, or core dues if the employee so requests, for the period
beginning 30 days after the effective date of this Agreement or 30
days after becoming a part of the unit, whichever is later.
Section 4.02 The authorized deductions will be made biweekly
when such deduction has been authorized by the employee
through submitting an appropriately signed “Authorization for
Union Dues Deduction” form to the Company. Deductions for any
employee will be eliminated in a deduction week whenever there is
insufficient pay to make the deduction. Payroll deductions will
begin with the next week following receipt of authorization.
Section 4.03 The Union shall certify to the Company the
precise amount of dues to be deducted per member. The
Company will forward the amount deducted on a monthly basis to
CWA 1101 NJ 5 April 1, 2021
the Secretary- Treasurer of the Union at CWA, 501 3rd Street,
Northwest, Washington, D.C. 20001-2797. The Company will also
furnish the Secretary-Treasurer with a monthly statement
indicating the total dues deducted, and a list of employees for
whom dues were deducted.
Section 4.04 The Company’s obligation under this Article 4, as
well as under any payroll deduction authorization form signed by
any employee, regardless of its contents, shall not survive the
expiration or termination of this Agreement (or the expiration or
termination of any written extensions). The Company may,
therefore, unilaterally and without negotiation, discontinue the
payroll deductions until the parties have successfully negotiated a
successor agreement which includes a dues check off obligation.
The Company may after 90 days written notice unilaterally and
without negotiation, discontinue the payroll deductions until the
parties have successfully negotiated a successor agreement
which includes a dues check off obligation.
Section 4.05 The Union agrees that the Company assumes no
liability in the administration of this Article, and further agrees to
indemnify and hold harmless the Company from any and all
claims.
ARTICLE 5
Maintenance of Union Membership
Section 5.01 Employees (1) who are members of the Union on
the effective date of this Agreement and employees (2) who are
members of the Union on or after the thirtieth day following the
beginning of their employment or the effective date of this
Agreement, whichever is the later, shall, as a condition of
continued employment, maintain membership in the Union until
the termination of this Agreement or until promoted or transferred
out of the bargaining unit, provided, however, that any employee
who wishes to withdraw from the Union may do so by giving
written notice to the Union and the Company. Such notice must
be received or postmarked during the ten (10) day period
preceding the expiration of this Agreement.
The Union and the Company agree to post a joint notice,
consisting of Section 5.01 of this Article, on Union and Company
bulletin boards for the twenty day period immediately preceding
the expiration date of the Agreement.
CWA 1101 NJ 6 April 1, 2021
Section 5.02 The Company shall not discharge or otherwise
discriminate against any employee under the provisions of this
Article (1) because Union membership is not available to the
employee on the same terms and conditions generally applicable
to other employees, or (2) because Union membership is denied
or terminated for reasons other than the failure of the employee to
tender the periodic dues and initiation fees uniformly required as a
condition of acquiring or retaining membership.
Section 5.03 If a dispute arises under the conditions specified
in Section 5.01 of this Article, such dispute shall be handled
through the Grievance Procedure specified in Article 7 of the
Agreement.
If the dispute has not been adjusted to the mutual satisfaction of
both parties through the Grievance Procedure, either party may,
upon written notice served upon the other party within thirty (30)
days after the Grievance Procedure has been exhausted, require
that the dispute at issue be submitted to arbitration pursuant to the
provisions of Article VIII of this Agreement.
ARTICLE 6
Nondiscrimination
Section 6.01 The Company and the Union agree they will abide
by State and Federal laws and will not discriminate against any
employee or group of employees because of their Union
membership, race, color, creed, sex, age, or national origin or
because the employee is handicapped, a disabled veteran, or a
veteran of any era, or has a physical or mental disability. The
parties further agree to take all actions necessary to comply with
the Americans with Disabilities Act.
Notwithstanding anything to the contrary, where any one clause or
article of this contract is applicable to a request for a leave of
absence as defined by the Family and Medical Leave Act of 1993,
and the contract provides for a greater level of benefits than are
required under the FMLA, the provisions of the contract shall
prevail. In no instance shall the contract diminish any rights
guaranteed under the Act. The Company shall have the final
discretion with regards to those options where the employer is
provided with discretion under the FMLA.
The Union shall support the Company's policy that sexual
harassment by an employee of any other person will not be
tolerated.
CWA 1101 NJ 7 April 1, 2021
ARTICLE 7
Grievance Procedure
Section 7.01 The Union shall appoint a Grievance Committee
of not more than three members from among its own officers or
other employees in the bargaining unit. The Union shall promptly
notify the Company as to the identity of the Grievance Committee
members.
Section 7.02 Should a difference arise between the Company
and Union, during the term of the Agreement with respect to the
interpretation and application of this Agreement, there shall be no
suspension of work. An earnest effort shall be made to settle any
difference promptly in the following manner:
A. STEP ONE - The aggrieved employee and Union Steward
shall take the grievance before the employee’s immediate
supervisor within thirty (30) calendar days of its occurrence.
The supervisor shall verbally advise the grievant and Union
Steward of his/her decision concerning the grievance no later
than seven (7) calendar days after its oral discussion. Every
effort shall be made by the parties to settle the grievance at
this level.
B. STEP TWO - If the grievance is not satisfactorily settled after
presentation in Step One, the grievance may then be taken to
Step Two by submitting it in writing to the Human Resources
designee not more than ten (10) calendar days after the
supervisor’s verbal reply. The written grievance shall contain
the date the grievance occurred, name of the employee(s)
involved, statement of all pertinent facts, and if applicable, the
contract clause(s) allegedly violated, and the settlement
requested.
Any written grievance not so prepared shall be returned to the
Union for correction and resubmitted no later than five (5)
calendar days from the date of return.
A meeting between a representative of the International
Union, the Grievance Committee, and management
representatives will be promptly convened at a mutually
satisfactory time following such written notification. Meetings
may be held via conference calls. The Company shall provide
its answer to the Union not more than fifteen (15) calendar
days after the conclusion of the Step Two meeting.
CWA 1101 NJ 8 April 1, 2021
C. Grievances arising from disciplinary suspension or discharge
shall begin at Step Two of the grievance procedure by
submitting the grievance in writing within fifteen (15) calendar
days of the date of suspension or discharge to the Human
Resources designee.
Section 7.03 It is understood by both parties that the Grievance
Procedure as set forth above shall be strictly followed and that no
grievances shall be considered outside of the complete grievance
process.
Section 7.04 Unless a grievance is presented in the manner
and periods provided, it shall be deemed not to exist.
Section 7.05 No extension of time limitations as provided
herein shall be allowed except by mutual agreement of both
parties. The grievance may be carried to the next step of the
Grievance Procedure if response time limits are not met by the
Company as specified in the Grievance Procedure or as
specifically extended by the parties.
Section 7.06 In the event that the Company believes itself to be
aggrieved in connection with this Agreement, it shall present its
grievance in writing to the Chairman of the Union's Grievance
Committee who shall discuss the matter with the Committee. The
Committee shall immediately proceed to effect a settlement of
such grievance. A written response from the Chairman of the
Union's Grievance Committee shall be presented to the Company
within fifteen (15) calendar days following the Union's receipt of
the Company's written grievance.
Section 7.07 No settlement resulting from the Grievance
Procedure shall be binding upon the Company, except as applied
to the specific occurrence or occurrences out of which the
grievance arises and to the particular employee or employees for
whom the grievance is presented.
Section 7.08 Any grievance which cannot satisfactorily be
disposed of by the representatives of the Company and the Union
in the manner herein provided may be submitted at the request of
either party to arbitration as provided in Article 8.
CWA 1101 NJ 9 April 1, 2021
ARTICLE 8
Arbitration
Section 8.01 Disputes with respect to the interpretation and
application of this Agreement which have not been satisfactorily
disposed of through the Grievance Procedure provided herein may
be exclusively referred to arbitration, during the term of the
Agreement by the Company or the Union.
Section 8.02 The party wishing to arbitrate must serve written
notice of such intent to the other party within thirty (30) calendar
days of the conclusion of Step Two, Article 7. Otherwise, the case
shall be considered to be closed.
Section 8.03 Within fifteen (15) calendar days following the
written notice of the Union’s intent to arbitrate, the Union shall
submit a written request for a panel of seven (7) members of the
National Academy of Arbitrators to the Federal Mediation and
Conciliation Service, with a simultaneous copy to the Company’s
Manager Labor Relations.
Within fifteen (15) workdays of receiving the list, the moving party
will contact the other party to select the arbitrator. The parties will
alternately strike names from the list, with the moving party striking
the first name, until one name remains and he/she shall serve as
arbitrator.
Section 8.04 The decision of the arbitrator shall be final and
binding upon both parties.
Section 8.05 The arbitrator shall be bound by the provisions of
this Agreement and shall not have the power to add to, subtract
from, or modify its contents.
Section 8.06 Each party shall bear the expenses of preparing
and presenting its own case. Compensation and expenses of the
neutral arbitrator shall be borne equally by the Company and the
Union.
Either party may require that an official record of the proceedings
be prepared by a professional reporter and that a copy be
provided to the arbitrator. The party requiring an official record of
the proceedings will pay the full cost of all reporting and transcript
fees unless the other party requests a copy or the right of
inspection or use, in which event the full cost shall be equally
divided between the parties.
CWA 1101 NJ 10 April 1, 2021
Section 8.07 This arbitration procedure shall be expeditiously
pursued by all concerned. Where the issue submitted to arbitration
involves the payment of money to an employee, the Arbitrator
shall have the authority to include in the award direction for the
payment of money, retroactively or otherwise, but limited to
making the employee whole and no more. In the event a
discharged employee is awarded reinstatement and backpay,
backpay will be limited to the employee’s regular straight-time
wages and will not include overtime, other premium payments or
interest.
In situations where the delay to appeal the case to arbitration is
caused by the Union, the Company shall assume no backpay or
other grievance liability for that time incurred. The Union will notify
the Company of its intent to move forward with the arbitration and
the Company’s liability will resume as of the date of that request.
If an arbitration hearing date is not established within sixty (60)
calendar days of the Union's request to move forward with the
arbitration, the Company’s backpay or other grievance liability will
be suspended until the hearing is scheduled, unless the Union can
prove that the delay was the Company’s fault or the arbitrator’s
fault.
ARTICLE 9
Hours of Work and Pay Practices
Section 9.01 All Departments
A. The basic workweek consists of five (5) full days' work
containing eight (8) hours each which may be scheduled from
Sunday to Saturday inclusive. The lunch period will be one (1)
hour or one-half (1/2) hour based on business need as
determined by management. The decision to grant or deny a
one-half (1/2) hour lunch period will not be subject to the
grievance procedure.
B. Where tours of duty do not come regularly within the same
hours per day or the same days per week, work time
schedules shall be posted on Thursday by 12:00 noon at least
two weeks in advance. Work time schedules may be changed
after being posted by mutual consent of the employees
involved or for the protection of service or one week prior to
the event for Network event scheduling and Business
Operations installation cutovers. When at employee request,
schedule changes will require prior Company approval.
CWA 1101 NJ 11 April 1, 2021
C. When tour changes are initiated by the Company with less
than twenty-four (24) hours notice, all hours worked outside
the employees posted scheduled tour shall be paid at the
overtime rate.
Schedule changes initiated by the Company will be handled
according to the following guidelines:
1. There will be only one schedule change per week to an
employee's NS day.
2. An employee who has previously arranged his/her
schedule to take care of personal business will not be
subject to a schedule change for that occasion. No
grievances will result from this provision.
3. Schedule changes initiated by the Company will be
handled as follows:
(a) Volunteers will be solicited according to the posted
schedule.
(b) In the event no volunteers are available, the schedule
of the least senior employee in each job classification
will be changed on a rotation basis.
4. Generally only established tours will be utilized for
schedule changes. However, the parties agree that
exceptions may occur due to service requirements,
special projects, etc.
D. Overtime work is a condition of employment and employees
have a responsibility to work overtime when requested to do
so in order to meet service requirements. Employees who
work three (3) hours of overtime will receive a fifteen (15)
minute paid break approximately midway through the overtime
period.
Overtime will be offered on a rotational basis according to the
work schedule.
Overtime and Sunday Payments
The overtime rate is one and one-half (1.5) times the basic
hourly rate of pay and is paid under the following conditions:
CWA 1101 NJ 12 April 1, 2021
a) All hours worked after an employee has worked 8 hours
at the basic hourly rate of pay in a workday;
b) All hours worked after an employee has worked 40
hours at the basic hourly rate of pay in a workweek;
c) All hours worked on Sundays (including travel time to
and from school/training);
d) All call-out hours worked and those call-out hours not
worked which make up the minimum requirement
threshold listed in Article 29;
e) All hours worked on a non-scheduled day that the
employee was required to work.
The following hours will be considered as hours worked and
will count toward the daily and weekly overtime calculation
described in (a) and (b) above:
Scheduled PTO;
First 8 hours worked or not worked on a recognized
holiday;
First 8 hours worked on a scheduled Sunday (NOTE:
Sunday must be part of the regular posted schedule to
qualify);
Paid rest period hours;
Paid union time off for joint meetings with the Company.
The following hours will not count toward the daily and weekly
overtime calculation described in (a) and (b) above:
Bereavement, Jury Duty, Witness Duty, Short-term
Disability (STD), Workers Compensation, Military,
unscheduled PTO, Inclement Weather, and any other
paid time off not listed above;
Any non-paid time off, including non-paid union time;
Any hours worked on a non-scheduled Sunday or non-
scheduled required work day;
CWA 1101 NJ 13 April 1, 2021
Any call-out hours (worked or those call-out hours not
worked which make up the minimum requirement
threshold);
Any hours worked over 8 in a workday or 40 in a
workweek already paid at the overtime rate.
Employees who are asked to work overtime between 11:00
p.m. and 6:00 a.m. will receive a minimum of three (3) hours
of pay at the appropriate overtime rate. Such time worked will
not be applicable to the provisions of recuperation time. When
employees are asked to work overtime on a non-scheduled
day or a holiday, a minimum of four (4) hours of work will be
offered.
E. A differential of 10% of the basic hourly rate shall be paid for
all scheduled hours worked between 7:30 p.m. and 6:00 a.m.
(Sundays & holidays excluded). These hours shall be
consecutive, separated only by the lunch period, where
applicable. It is understood that differential payments are
fixed amounts that apply only to hours actually worked by
employees that qualify for the differential. The differential
amount is not compounded when the qualifying hours are
worked on overtime.
F. For tours scheduled at least partially outside the regular
workday, but ending at or before 9:00 p.m., the lunch period
will be one half hour (non-paid). Scheduled tours ending after
9:00 p.m. are eight hours, including a 30-minute lunch period
during which the employee is required to remain at the job
location.
G. An employee who is called from his/her home at night and
required to work during the night from 12:00 midnight or later
and works at least four hours shall have a rest period of five
(5) hours before starting the next scheduled tour. That
portion, if any, of the recuperation period which extends
beyond the starting hour of the next scheduled tour shall be
classed as excused time, and payment for such time shall be
allowed. In the event of a major storm, hurricane, or similar
catastrophe, employees shall work the hours required, but the
rights in the recuperation clause are waived. In those
instances when the employee's time worked extends up or
beyond his/her regularly scheduled starting time, the
employee may remain at work and apply the appropriate
CWA 1101 NJ 14 April 1, 2021
amount of recuperation time at the end of the scheduled tour.
H. Whenever an employee is appointed a group leader and
designated to perform in an “in charge” capacity for a group of
three (3) or more employees, he/she will receive a differential
of $2.00 per hour for all hours worked. Assignment in this
capacity should be used only in areas where there is no
supervisor on site and the need for a working leader
consistently exists. Assignment to an “in charge” capacity
shall not exempt an employee from performing his/her normal
duties.
I. In the event employees are assigned to report to a customer
location within the franchised area or outside the franchised
area or in order to meet the needs of the business in most
efficient manner, the Company, at its discretion, may utilize a
voluntary program of home/satellite garaging. Home
garaging, which authorizes employees to commute by
Company vehicle between their home and assigned work
location, will be utilized according to the Company policy on
Home/Satellite Garaging. A copy of which was provided to the
Union.
J. In order to meet the needs of the business in the most efficient
manner, the Company, at its discretion, may schedule
employees four ten (10) hour work days per week in
accordance with the following guidelines:
1. It is recognized that in certain work units or groups, it may
be in the best interest of the business to establish a four
(4) day schedule as a normal work week. Four (4) ten
(10) hour days will be understood to be consecutive,
where possible, and apply within the hours of 7:00 a.m. to
6:00 p.m. Short-term disability and PTO while working
four (4) ten (10) hour days will be based on the amount of
hours taken. Employees assigned to the four (4) ten (10)
hour days shall be allowed to opt for a ½ hour lunch.
2. Four (4) ten (10) hour days shall be on a voluntary basis,
provided a sufficient number of employees within the
applicable work group volunteer for the four (4) ten (10)
hour work schedule. If there are not enough qualified
volunteers to meet the requirements of the service, the
schedules shall be assigned.
3. No daily overtime payment as required in Article 9 shall be
CWA 1101 NJ 15 April 1, 2021
made for any of the hours worked over eight (8) when the
conditions of this section are in effect. Continuous work
over ten (10) hours in any work day will be paid at the
applicable overtime rate.
Section 9.02 The Company agrees that it will not use
supervisory employees who are excluded from the bargaining unit
on work performed by Union members except for:
A. emergencies involving actual or potential interruptions of
telephone service, the safety of employees or the public in
general;
B. times when employees are not readily available to perform
work required i.e., when a qualified employee is not available
or cannot be reached for assignment;
C. times when technical expertise beyond the scope of
bargaining unit employees and local management is required
to install and/or maintain company or customer equipment;
D. and for instructional purposes.
Section 9.03 For those employees who work on Saturday, the
Company will attempt to schedule two (2) consecutive days off
during the week. It is understood that this language does not
constitute a guarantee of two (2) consecutive days off. No
employee shall be scheduled to work more than ten (10)
consecutive days except where acute service conditions develop.
Section 9.04 Employees working in any of the job titles
indicated on the wage schedules of this agreement may be
assigned to work in another job title on when necessary. In
instances where the Company is going to assign an employee
to perform work in a job title other than his/her title the
Company shall first seek volunteers for such assignment. If
there are an insufficient number of volunteers than the
Company shall assign employees in inverse seniority to the
other job title to the extent necessary to cover the work. It is
understood that the assignment of work between job titles shall not
adversely affect or in any manner diminish the contractual rights of
employees in regard to work schedules, call out, scheduled
overtime, PTO schedules, job postings, layoffs and contract work
as determined by their original job title.
No employee(s) shall
have their hourly wage rate reduced or forfeit any contractual
raise as a result of the reassignment.
CWA 1101 NJ 16 April 1, 2021
Employees, who are at the maximum rate in their job title and who
are temporarily assigned and work for one-half or one complete
tour in a job classification with a higher maximum rate, shall be
paid at the higher rate for the time worked in the title with the
higher maximum rate.
Employees, who are in progression and who are temporarily
assigned and work for one-half or one complete tour in a job title
with a higher maximum rate, shall be paid the hourly rate for their
months of service as applicable in the higher job titles wage
schedule for the time worked in the job title with the higher
maximum rate.
Section 9.05 Payday will be changed to alternating Fridays and
payment will be made to employees through direct deposit. If a
Friday payday is also a holiday, the preceding Thursday shall be
the payday.
Section 9.06 Employees in the Business Communications
Technician, Network Technician, Equipment Installer and IS
Technical Services Technician job titles will be paid an additional
$1.00/hour upon successful completion of obtaining a CISCO
CCNA or Microsoft MCSE certification.
Certification testing requirements will be the sole responsibility of
the employee on their own time. Employees will be reimbursed
only for the successful completion of the test required for
certification. Maintenance of the certification will be the
employee’s responsibility under the same conditions.
Reimbursement for any subsequent recertification will follow the
same guidelines as mentioned above. Should the employee fail to
keep their required certification current, they will no longer be paid
the additional $1.00/hour, until it is restored.
The company reserves the right in part or in whole, to amend,
modify, and delete certification requirements as market and
technological changes dictate. The company agrees to notify the
Union of any and all certification requirement changes as noted
above, thirty (30) days prior to implementation.
ARTICLE 10
Working Conditions
Section 10.01 The Company will furnish the following
CWA 1101 NJ 17 April 1, 2021
protective equipment to employees in appropriate occupational
classifications: rubber glove protectors, rubber gloves, rain suits,
waterproof storm footwear, leather work gloves, safety helmets,
and safety glasses.
Employees in appropriate job classifications as determined by the
Company must comply with the OSHA regulation regarding
personal protective footwear during all working hours, including
overtime, call-out and training time where similar hazards are
encountered.
Employees required to wear personal protective footwear will
receive up to a maximum of $200 effective through December 31,
2018 by submitting an approved expense report accompanied by
a valid receipt.
Effective January 1, 2019:
Safety Footwear Employees with exposure to foot hazards as
determined by the Company’s Task Based Hazard Assessment for
Personal Protective Equipment (PPE) and Safety Equipment must
regularly wear safety footwear (safety shoes/boots) that meet the
current national standards recognized by the Occupational Safety
& Health Administration (OSHA) and internal CenturyLink
requirements found in Safety & Health Practice on Personal
Protective Equipment. The Company, in its sole discretion, and in
accordance with OSHA standards, will identify employees who will
be required to wear safety footwear.
Employees identified as needing safety footwear will be required
to wear safety footwear at all times when performing their work
assignments. Those employees will have the choice of wearing
steel toe or composite toe safety footwear as long as it meets the
current national standard. The requirement to wear safety
footwear will cease when employees leave the position through
transfer, promotion, retirement, separation, or voluntary
resignation or dismissal, or when safety footwear is no longer
required.
Since safety footwear can be utilized both on and off the job,
employees are responsible for the purchase and maintenance of
their safety footwear. For those employees that only have
occasional exposure, a safety toe overshoe, at no cost, is
available through the SAP/CART ordering process.
Safety Eyewear Employees in certain job titles and work
CWA 1101 NJ 18 April 1, 2021
environments may also be required to wear safety eyewear while
at work. Employees who require corrective vision lenses must
also wear safety eyewear, when required.
Effective April 1, 2015 the Company will provide an annual
(calendar year) maximum contribution of $75 for the procurement
of one (1) pair of prescription safety glasses (or replacement
frames or replacement lenses) for employees in positions which
require the wearing of safety eyewear, subject to the following:
1. The Company will identify the job titles eligible for the
company contribution for prescription safety eyewear.
2. Prescription safety glasses shall meet current ANSI standard
Z87.1, and include protective specialty safety eyewear where
the user requires a vision “correction”.
3. The Company shall determine the supplier(s) for the
procurement of prescription safety eyewear and reserves its
right to identify the approved safety frame styles, lens
materials, lens options and allowable optional upgrades. Each
order for prescription safety glasses will include detachable
side shields.
4. The Company contribution for prescription safety eyewear will
only be provided through the designated supplier(s) for the
procurement of prescription safety glasses. There will be no
company contribution, subsidy or reimbursement for
prescription safety glasses obtained outside of the designated
supplier(s).
This supplier will bill the Company for the $75 annual maximum
contribution and the remainder of the expense for prescription
safety glasses, if any, will be paid by the employee. Employees
will be responsible for the cost of prescription safety glasses
above the Company’s annual contribution for additional or
replacement pairs of prescription safety glasses, including frames
and/or lenses. Employees will also be responsible for the cost of
eye examinations.
Specialty safety eyewear that does not include a vision correction
will be excluded from the company contribution for prescription
safety eyewear.
The Company will make available, at no cost, non-prescription
safety eyewear. Choices of non-prescription safety eyewear are
CWA 1101 NJ 19 April 1, 2021
available to employees through the SAP/CART ordering process.
Section 10.02 The Company agrees to supply Company
standard tools and equipment necessary to perform work to which
employees are assigned.
Section 10.03 The Company will provide at its discretion either
an appropriate number of uniform garments (as determined solely
by the Company) or an annual credit for the purchase of approved
garments through the Company authorized vendor to employees
in those job titles which the Company deems appropriate. New
hires in those job titles may receive additional uniform garments or
a higher initial credit. The color, style, and material blend of
employee work clothing will be determined by the Company for
both uniform and non-uniform garments.
Employees will be required to wear uniform and non-uniform
garments that are, in the Company’s judgment, properly
maintained and presentable. The wearing of uniforms will be
mandatory during all work hours. Regular and all appropriate
maintenance of an employee’s uniform is the responsibility of the
employee.
A pin, not to exceed 1-1/2 inches in diameter designating affiliation
with the CWA and not derogatory of the Company or its personnel,
may be worn with the uniform. This pin may be worn only on the
uniform shirt. This pin will not cover the Company logo. The
Company reserves the right to amend, modify in whole or in part
or discontinue the program at its sole discretion.
Section 10.04
1. All employees for whom the company authorizes an overnight
stay will be required to use the designated Company
corporate card or any other “corporate card” as designated by
the company for all business travel expenses. Employees will
receive reimbursement for authorized expenses by submitting
an approved expense report.
The company’s business travel objective is to reimburse
employees for reasonable and necessary expenses incurred
on behalf of the company. At the same time, the company
anticipates its employees to be prudent with company funds
and to be cognizant of shareholder value when incurring
business travel expenses. All business expense provisions
will be managed in accordance with the Company’s Business
CWA 1101 NJ 20 April 1, 2021
Expense Reimbursement Policy, herein called the
“Reimbursement Policy,” unless specifically mentioned
otherwise in the collective bargaining agreement. The
company reserves the right to amend, modify or change this
policy at its sole discretion.
2. When an employee is assigned to duty or schooling which
requires travel away from his/her regularly recognized place of
employment, the company will pay the employee on the basis
of a regular work week schedule.
3. The per diem allowance will be in accordance with the
Reimbursement Policy. Employees incurring business travel
expenses are responsible to ascertain that the expenditure is
for a valid business purpose. Falsification or failure to adhere
to these guidelines may lead to disciplinary action up to and
including termination. No personal charges are allowed on the
designated Company corporate card. Any charges remaining
on the card after payment by the Company are the
responsibility of the employee.
4. Expense reports are to be filed within 5 business days upon
return from a trip. All expense reports must include
substantiation of the date, time, place and business purpose
for the expenditures. Additional substantiation is required for
certain business travel expenses such as meals, lodging,
airfare, cash expenses, mileage, tolls, rental cars, etc.
Reasonable costs associated with any expense are subject to
local management discretion and authorization.
5. All authorized and approved “out of pocket” expenses filed on
an expense report will be reimbursed on the employee’s next
payroll check.
6. Employees shall be paid at the company-designated rate for
mileage when using their personal vehicle for authorized
business purposes.
Section 10.05 Employee’s who are required to report at their
usual place of assembly on the Companys property and are then
transported to a place where work is performed, shall be
transported to and from the place of work on Company time.
All time shall be computed from the time the employee is
scheduled to report and does report at the beginning of the day,
and shall end when he/she returns to the regularly scheduled
CWA 1101 NJ 21 April 1, 2021
place of ending work for the day.
It is mutually agreed that the Company shall have the right to
change employee report locations or establish new report
locations in order to meet the needs of the business.
The Company will seek qualified employees on a volunteer basis
in seniority order by job title for assignments to new report
locations. In the event the Company is unable to obtain a
sufficient number of volunteers to staff new report locations, the
least senior qualified employees within the job title will be
assigned.
Any future employee requests to change report locations will be
communicated to the immediate supervisor. The Company will
attempt to accommodate the employee’s request by obtaining a
volunteer replacement. In the event a volunteer replacement is
not available, the employee will be offered reassignment to the
next available vacancy within the job title prior to the vacancy
being posted for bid.
Section 10.06 When adverse weather conditions prevail,
employees are expected to take all reasonable actions to report to
work as scheduled. In the event employees are unable to report
to work as scheduled because of adverse weather conditions,
such absence will be reported as approved PTO time. In the
event an employee has exhausted or scheduled his/her PTO time,
the absence will be reported as excused non-paid time.
During extreme weather conditions, as determined by supervision,
employees shall not be required to work out-of-doors except when
the performance of such work is necessary to meet an emergent
situation. An emergent situation is defined as any condition which
threatens immediate interruption of existing service to the public at
large, imperils the safety of the public, or threatens immediate loss
of property. Good judgment will be used by supervision in
implementing this article.
Section 10.07 Even in an emergency situation, employees shall
not be required to work out-of-doors under extremely hazardous
lightning conditions or when it is known that the Companys wires
in the work area are energized by electric wires. In such instances
the employee shall immediately notify his/her supervisor of the
hazardous conditions.
In work situations requiring an employee to enter a Controlled
CWA 1101 NJ 22 April 1, 2021
Environmental Vault (CEV), the presence of another employee
above ground will not be required.
Section 10.08 A valid drivers license is a bona fide
occupational qualification for any position requiring the operation
of a company vehicle. When an employee requiring a drivers
license loses his/her driving privileges for any reason, the following
procedure will be followed:
Company and Union representatives shall meet to discuss each
individual employees situation and the alternatives available.
A. The Company shall make a determination as to the
employment status of the employee. Alternatives available to
the company include: assignment of work within the
employee's job title which would not require a driver's license;
assignment to a lower pay job title for the duration of the
license suspension; suspension without pay for the duration of
the license suspension, or discharge.
B. The Company, after considering the Union's advice and all
other pertinent information, will make a determination of the
employee's work status based on each individual situation.
The Company's determination will be made and communicated
to the employee and the Union in a timely manner.
C. Nothing in this agreement will prevent the filing of a grievance
in the event the Union deems it necessary.
ARTICLE 11
Wages
Section 11.01 Applicable basic wage rates are those shown in
the wage schedules contained in this Agreement. The Company
and the Union agree that the growth of the business is beneficial
to employees.
Section 11.02 The Company agrees to grant scheduled wage
increases specified in their appropriate schedules in accordance
with the time intervals and amounts provided in such schedules,
subject to the following conditions:
1) Wage progression/step increases will be effective based on
the service anniversary date for active, full time employees
and based on date last given for part time employees after
CWA 1101 NJ 23 April 1, 2021
the employee has worked 1040 hours.
2) Annual wage increases will be effective the first day of the
pay period closest to the effective date of the increase.
Section 11.03 The hourly basis of payment shall be one
eightieth (1/80) of the basic bi-weekly wage rate.
Section 11.04 Where merit is lacking in the opinion of
management, a wage increase may be delayed as much as one
full step in the schedule.
Section 11.05 The following procedure governs the change of
an employee from one wage schedule to another wage schedule
having a higher maximum rate:
A. If the employee's current wage rate is below the minimum
rate for the new wage schedule, his/her rate will be increased
to the minimum rate for the new wage schedule.
B. If paragraph (a) does not apply, the employee will begin the
new wage schedule at the wage rate which is the same or
immediately greater than his/her rate of pay on the lower
wage schedule.
Section 11.06 Employees who are permanently reassigned,
voluntarily or involuntarily, to a lower rated wage schedule will
begin the new wage schedule at the rate step on the lower wage
schedule which is the same or immediately lower than his/her rate
of pay on the higher wage schedule.
Section 11.07 When transferred between wage schedules, the
interval for the first regular increase shall be six (6) months from
the starting date of the new job.
ARTICLE 12
Holidays
Section 12.01
A. The following days are hereby designated as holidays for all
employees:
New Years’ Day Labor Day
Memorial Day Thanksgiving Day
Independence Day Christmas Day
Martin Luther King Jr. Day Effective 1/1/22
CWA 1101 NJ 24 April 1, 2021
Section 12.02 Employees may be scheduled for work or
excused with pay for holidays at the option of the Company.
Section 12.03 When a general holiday falls on a Sunday,
Monday shall be observed as a holiday.
Section 12.04 When a general holiday falls on Saturday, it shall
be observed on Saturday. Employees not scheduled for work on
the holiday may, at the Company's option, be given a non-
scheduled non-paid day off during the holiday week and pay for
the holiday. Employees scheduled to work on the holiday may be
excused without pay for one full day during that week.
Section 12.05 When employees are required to work on a
general holiday, pay at the straight time rate for the holiday, plus
one and one-half (1 1/2) times the straight time rate for hours
worked shall be paid. Twice the straight time rate shall be paid for
all hours worked before or after an employee's scheduled tour or
for call out.
Section 12.06 An eligible employee who does not report to
work on a general holiday when scheduled or requested to do so
shall not receive pay for the holiday unless excused by the
Company.
Section 12.07 Employees who are absent on their regular
scheduled workday immediately prior or immediately following the
holiday shall not receive pay for the holiday unless excused by the
Company.
Section 12.08 Holiday excused paid time shall be included in
the basic work week.
Section 12.09 No holiday pay shall be allowed for an employee
who does not work in the week in which the holiday occurs;
accrued PTO time is excluded from this provision.
Section 12.10 If a holiday falls within the employee’s stand-by
week he/she shall be the designated stand-by person unless
previously scheduled for PTO. The Company will attempt to
schedule all holidays in rotation.
CWA 1101 NJ 25 April 1, 2021
ARTICLE 13
Paid Time Off (PTO)
Section 13.01 Paid Time Off (PTO) is a program where an
employee manages his/her paid time away from work, however,
the Company may impose limitations, which in its opinion, are
necessary because of the requirements of the business.
Effective 1/1/22 - PTO hours are provided for all incidental
absences from work and for the first five (5) consecutive
scheduled workdays of an occupational/non-occupational
disability related absence. The employee must use all available
PTO hours before hours can be taken unpaid, except in situations
where FMLA-covered absences to care for covered relatives will
exceed five consecutive days. However, when the absence is
Workers” Compensation related, the employee will have the
opportunity to elect whether to take PTO or an unpaid
absence. In those cases only, the employee will have the
opportunity to elect whether to take PTO hours or an unpaid
absence. In all other situations, the employee will not have the
opportunity to choose. If an employee does not have available
PTO, those hours for which PTO hours are not available shall be
non-paid.
Section 13.02
Effective 1/1/19 Paid Time Off (PTO) shall be available to
regular full-time employees at their basic rate of pay in accordance
with the following schedule:
Length of Service
Eligible Hours
0 but < 1 year
Up to 48 hours*
1 year but < 2 years
128 hours
2 years but < 5 years
144 hours
5 years but < 10 years
184 hours
10 years but < 15 years
204 hours
15 years but < 20 years
224 hours
20 years but < 25 years
244 hours
25 years and over
264 hours
*During the first calendar year of employment, employees earn
PTO hours on a monthly basis (4 hours per full month) based on
the hire date. These hours will be available at the time of hire.
However, if PTO is taken prior to it being earned and the
employee leaves the Company, the payment for this time will be
deducted from the final paycheck.
CWA 1101 NJ 26 April 1, 2021
Regular part-time employees scheduled for 20 to 30 hours per
week are eligible for one-half (1/2) of the PTO that a full-time
employee with the same length of service is entitled to. PTO for
employees changed from part-time to full-time, or full-time to part-
time, is determined on a prorated basis for the time worked in the
respective status during the year.
Section 13.03 The PTO year which shall be used in computing
the amount of paid time off shall be from January 1
st
through
December 31
st
of each year in which this Agreement continues in
effect, except that in the anniversary year of 1, 2, 5, 10, 15, 20 and
25 years the employee earns PTO at the higher rate for the entire
year.
Section 13.04 The approval of PTO (both scheduled and
unscheduled) is solely at the Company’s discretion based on
operational needs of the business.
Scheduled PTO are those hours selected by the employee in
accordance with the selection process outlined in this Article, or
requested by the employee outside the selection process but
approved by management. Scheduled PTO hours are included as
part of the standard work week for overtime purposes.
Unscheduled PTO are those hours requested by the employee
outside the selection process and not approved by management.
Unscheduled PTO taken by an employee for pay purposes only
shall result in an employee receiving an occurrence against their
attendance according to the attendance policy. Unscheduled PTO
hours are not included as part of the standard work week for
overtime purposes.
Employees may elect to utilize one (1) PTO day each year for
unscheduled absences in order to avoid receiving an occurrence
against their attendance.
When service requirements do not permit, an employee may be
required to postpone or even cancel any portion of their scheduled
PTO for the current year. In the event that cancellation by the
Company of scheduled PTO is necessary and no alternate date is
agreed upon, the employee will be given the choice of carrying a
maximum of 40 hours over to the next calendar year, or being paid
the equivalent of the scheduled PTO time that was cancelled within
the next pay period.
Section 13.05 All earned PTO hours that are unused will be paid
CWA 1101 NJ 27 April 1, 2021
out at termination or upon retirement, except when an employee is
terminated for just cause. In the event of the death of an
employee, all unused earned PTO shall be paid to the estate.
Should any PTO be due the employee, the Company shall have
the right to deduct from said pay any money owed the Company by
the employee, including costs or expense incurred due to loss of,
destruction of, or damage to Company property and/or equipment
that was caused by the employee’s misconduct.
If an employee’s termination date is between December 26 and
December 31, the employee will be entitled to receive pay for the
full amount of PTO which would have otherwise been earned and
taken during the next calendar year. Employees that terminate
prior to December 26, for any reason other than retirement, will
only be entitled to any unused PTO in the current year.
A retiring employee will earn PTO during the calendar year in
which they retire on a pro-rated basis for full months of service.
This will be paid to the employee at the time of retirement. For
example, an employee that retires on May 1 will receive pay for
4/12 of their following year’s PTO allotment.
Section 13.06 PTO may not be accumulated from year to year,
nor may PTO be postponed from one year to another except in
situations where PTO is cancelled or postponed as described in
this Article. Employees are encouraged to schedule and take all
PTO within the calendar year. However, due to business needs,
an employee may not be able to take all of his or her PTO time in
the current year. In these instances, up to 40 hours of carryover
will generate automatically for use by December 31 of the
following year. This includes employees on Short Term Disability
and/or Worker’s Compensation. Any carryover hours not used by
December 31 will be forfeited.
Employees may not receive pay in lieu of PTO except in situations
where PTO is cancelled or postponed as described in this Article.
Section 13.07 PTO eligibility schedules by job title shall be
posted October 15, employee selection will begin November 1 and
the entire selection procedure must be completed by January 15.
The completed schedule will be posted by January 31. Employees
will be contacted in seniority order to select PTO and given a
reasonable selection period. Employees who do not make a
selection at the time they are contacted must wait until all other
employees are contacted.
CWA 1101 NJ 28 April 1, 2021
Employees shall be allowed to select PTO periods according to
Company-wide seniority. Full week PTO will be selected prior to
selecting individual days. PTO selected after January 15 will be
granted based on service requirements and order of request.
PTO time not selected by April 1 of the current year will be
assigned from the remaining weeks available. PTO time may be
selected using full calendar weeks, individual days or hourly
increments.
An employee will not be scheduled on the Saturday prior to his/her
scheduled PTO week.
When a holiday occurs during an employee’s PTO selection, the
employee will only be required to use PTO for the non-holiday
days. Holiday pay will be paid on the holiday itself.
Illness reported during scheduled PTO will be paid as PTO until
the end of that payroll week. Subsequent PTO days scheduled for
the following week may be rescheduled as benefit days if the
employee’s illness continues. Normally PTO will only be
rescheduled for serious medical problems. Employees must notify
their supervisor of their illness twenty-four (24) hours prior to the
start of the PTO period. This notification must include the nature of
the illness, the medical treatment required and the expected
duration of the illness. Upon returning to work, employees must
provide a physician’s verification of the disability.
ARTICLE 14
Benefits
Section 14.01 Effective April 1, 2012, and continuing for the
term of this Agreement, the Company agrees to provide
employees covered by this Agreement the same group medical
insurance (to include prescription drug), group dental, group
vision, employee life insurance, dependent life insurance, basic
long-term disability insurance, supplemental long-term disability
insurance, accidental death and dismemberment, health care
flexible spending account and dependent day care flexible
spending account, and at the same premiums, as the Company
provides for its non-bargaining employees employed by the
Company in the exchanges covered by this Agreement. The
Company in its sole discretion may provide the coverage and
benefits required by this Article through insurance and/or self-
funded plans.
CWA 1101 NJ 29 April 1, 2021
The Company will make available to employees, upon retirement,
the same options for retiree health benefits as are offered to
similarly-situated non-bargaining employees who retire from the
Company. The retiree health benefits will be exclusively governed
by the terms of the applicable plan(s).
The selection and administration of any plans to provide the
coverage and benefits required by this Article shall be within the
Company's exclusive control and sole discretion. The Company
shall therefore have the unilateral right to make any changes
which it deems necessary or desirable, including changes to
establish, restore and/or maintain the most favorable qualification
or treatment of the plan(s) under federal (or any applicable state)
law. The selection of the insurers, carriers, agents and/or plan or
claims administrators shall also be in the Company's exclusive
control and sole discretion.
The Company reserves the right to unilaterally amend, change or
terminate any one or more or any combination of these plans or
flexible spending accounts or any of their features (including, but
not limited to, deductibles, co-payments, maximum out-of-pocket
expenses, etc.), or the premiums charged to employees (annually
or as otherwise deemed necessary) for any plan(s). However, the
Company may do so only so long as the amendments, changes
and/or terminations apply equally to all eligible employees, both
bargaining unit and non-bargaining unit employees, of the
Company.
During the term of this Agreement, the Company shall not have
any obligation to engage in decision or effects negotiations of any
type on any subject addressed (directly or indirectly) in or by this
Article.
The Company will attempt to give the Union at least 60 days
advance notice before making changes to the plan and the Union
can request a meeting with the Company to discuss but not
negotiate the changes.
Except as specifically provided in this Article, all disputes,
complaints and questions, and any other issues arising out of or in
any way connected with any ERISA benefit plan, shall be
exclusively resolved in accordance with the underlying plan,
procedures and ERISA, and shall not be subject to the grievance
and arbitration provisions of this Agreement.
CWA 1101 NJ 30 April 1, 2021
Section 14.02 Voluntary Benefits Program
Effective April 1, 2021, and continuing for the life of this
Agreement, the Company agrees, subject to the limitations
described below, to include employees in the Voluntary Benefits
program as it is applicable to non-represented employees of the
Company. The components of the Voluntary Benefits program
available to employees may include, but not be limited to,
Automobile Insurance, Homeowners Insurance, Long Term Care
Insurance, Pet Insurance, Universal Life Insurance coverage,
Legal Services and Critical Illness Insurance.
It is understood that employees will be responsible for the entire
cost for each component of the Voluntary Benefits program. At its
sole discretion, the Company may permit employees to have the
required costs withheld through payroll deduction.
In addition, at its sole discretion, the Company shall designate the
insurance carrier(s) and/or the agent(s) for the various
components of the Voluntary Benefits program. The Company
may change the insurance carrier(s) and/or the agent(s) at any
time provided sufficient notice is given. The Company will provide
the insurance carrier(s) and/or the agent(s) with all applicable
employee information needed to offer the program. The Company
also reserves the right to modify or terminate any one of the
various components of the Voluntary Benefits program at any time
so long as the changes are uniformly applied to all eligible
employees, both non-represented and bargaining unit employees.
This program is not a Company-sponsored plan or benefit. It
is not a plan covered under ERISA. The Company has chosen
to allow these vendors to make these programs available to
employees but be advised that this is a voluntary program
and only the employee can decide whether the benefits
provided by this program are appropriate for you and your
family. Employees are encouraged to research all suitable
alternatives and consult with your personal advisors.
Employees are encouraged to review the privacy and security
policies and the practices of the various vendors and make
sure they are comfortable with them prior to entering into any
transactions. The Company is not able to provide employees
with advice regarding the program. Participation is solely the
employee’s decision, completely voluntary and at their own
expense. CenturyLink does not endorse and is not
responsible for any of the products, services or practices
promoted on the voluntary benefit website. Access to this
CWA 1101 NJ 31 April 1, 2021
website is provided at no cost to you, and CenturyLink does
not benefit from your participation. There are no
commissions or incentives paid to CenturyLink as a result of
the products or services they may choose to purchase.
Section 14.03 Subject to Company policy, regular employees
(full and part-time) with six (6) or more months of service are
eligible for the Company telephone concession plan.
It is recognized that the Company has the exclusive right to
amend, modify wholly or in part this plan. The Company agrees,
however, that any changes to the concession plan for represented
employees will be made on the same basis for all non-bargaining
employees.
ARTICLE 15
Sick Benefits - Accident Disability
Section 15.01 The Company agrees to provide STD benefits
for all regular full-time employees on a non-contributory basis.
Regular part-time, temporary, or occasional employees are not
eligible for STD benefits. The administration of STD leaves,
including the application process and timelines, eligibility rules,
notice requirements, return to work rights, and modified duty
programs will be governed by the CenturyLink Disability Plan (the
“Plan”).
Employees qualify for STD benefits when they are participants
who cannot work at their normal job due to an illness or injury
incurred off the job, and satisfy the requirements as outlined in this
Article but subject to the terms of the Plan which control and
govern. STD benefits begin on the 8
th
consecutive calendar day
(sixth consecutive scheduled workday) of non-occupational illness
or injury for participants. Written medical certification shall be
required.
PTO hours are provided for all incidental absences from work and
for the first five (5) consecutive scheduled workdays of non-
occupational disability related absence (STD waiting period). The
employee must use all available PTO before hours can be taken
unpaid. If an employee does not have available PTO hours, those
hours for which PTO are/is not available shall be non-paid.
Section 15.02 If employment is involuntarily terminated due to
reasons including but not limited to reduction in work force,
CWA 1101 NJ 32 April 1, 2021
plant/office closure, etc., while the employee is receiving STD
benefits under the Plan, the employee may continue to receive
benefits until the earlier of either the Plan’s benefits are
exhausted, the employee fails to comply with the Plan’s STD
administrative requirements or the employee’s doctor (or the IME
doctor) states and the Plan agrees that the employee can return to
work. If employment is involuntarily terminated for just cause,
STD benefits may be terminated immediately.
The Plan Administrator may suspend or deny STD benefits if the
employee fails to submit all forms/documentation as required, fails
to comply with a Company request for an IME, or fails to comply
with the requirements of the STD Plan. The employee must
communicate regularly (weekly or bi-weekly) through phone calls
or e-mails with local supervision as to their medical status in order
to continue receiving benefits. The Plan Administrator may require
such physical or other professional examinations from healthcare
providers in accordance with the Americans with Disabilities Act,
the Family and Medical Leave Act and/or any other applicable law
or regulations as well as when an employee is claiming benefits or
privileges under the Plan. The requirement for additional medical
or other examinations shall include, but not be limited to,
independent medical examinations to confirm a disability,
circumstances in which an employee seeks disability or family
leave and applies for or is receiving any benefits financed by the
Plan; and “fitness for duty” examinations.
Section 15.03 STD benefits under the Plan may be paid up to a
maximum of twenty-six (26) weeks. The amount of pay (partial or
full pay benefits) is a percentage of “base rate pay”. Base rate pay
for the purpose of determining the appropriate STD benefit will be
based on the regular straight time rate of pay. Base rate does not
include incentive compensation, overtime, shift differential or other
special payments or calculations.
a) For employees hired, re-hired, or transferred into this
bargaining unit before 1/1/20, the STD benefit under the Plan
is either sixty percent (60%) or one hundred percent (100%) of
the base rate. The percentage paid is based on the length of
service with the Company. An employee’s service anniversary
date determines the benefit payment schedule as identified in
the chart below. The following STD benefit payment schedule
is based on completed years of service as determined by the
employee’s service anniversary date.
CWA 1101 NJ 33 April 1, 2021
If your length
of service is:
Then benefits at 100%
of Base Salary are paid
for:
And benefits at 60% of
Base Salary are paid
for:
None None
Service or
more
Two weeks of STD
benefits at 100% of
your Base Salary for
each full year of service
up to a maximum of 26
weeks.
26 weeks of STD
benefits at 60% of your
Base Salary , less the
number of weeks of
benefits at 100% of
your Base Pay
b) For employees hired, re-hired, or transferred into this
bargaining unit on or after 1/1/20, the STD benefit under the
Plan is seventy percent (70%) of the base rate. The following
STD benefit payment schedule is based on completed years
of service as determined by the employee’s service
anniversary date.
If your length of service is:
Then benefits at 70% of Base
Salary are paid for:
Less than one year
None
1 year or >
26 weeks
c) A higher level of benefits does not take place if an
employment anniversary occurs while receiving benefits or if
the employment anniversary occurs before the employee
returns to work for one hundred eighty two (182) consecutive
days after any STD benefit usage.
d) STD benefits under the Plan cease on the earlier of when a)
the employee is released by their provider, and supported by
the Plan, to return to work, b) the employee fails to comply
with the Plan’s STD administrative requirements, or c) the
Plan’s benefits as described in this Article have been
exhausted.
Section 15.04 If you return to work for less than 182 calendar
days following an STD absence, your previous STD benefits will
be considered in determining the amount and maximum period of
benefits. In other words, you will continue on the STD Benefit
Payment Schedule described above based on your service at the
first time you became entitled to Plan benefits.
CWA 1101 NJ 34 April 1, 2021
If you return to work for at least 182 calendar days following an
STD absence, your previous STD benefits under the Plan will not
be considered in determining the amount and maximum period of
benefits. In other words, you will be eligible for the full benefit
described above for any STD absence.
Worker’s Compensation
Section 15.05 The Company will provide all Worker’s
Compensation benefits required by statute to an employee who
sustains an on-the-job injury.
For employees hired, re-hired, or transferred into this bargaining
unit before 1/1/20, the Company will provide an employee a salary
continuation benefit (called Supplemental Workers’
Compensation Pay or SWCP) equal to 85% of regular base pay
when combined with an approved Worker’s Compensation claim
and statutory payment. For employees hired, re-hired, or
transferred into this bargaining unit after 1/1/20, the Company will
provide an employee salary continuation benefit (called
Supplemental Workers’ Compensation Pay or SWCP ) equal to
70% of regular base pay when combined with an approved
Worker’s Compensation claim and statutory payment.
Effective 1/1/22 For eligible employees that have completed
one year of service, the salary continuation benefit is available up
to a maximum of 1040 hours for a single disability beginning on
the eighth calendar day of approved absence. If the disability
extends beyond 1040 hours, the employee may be eligible for
Long Term Disability (LTD) benefits under the Plan. If approved
as eligible for LTD under the Plan, the employees’ Worker’s
Compensation benefit will be deducted from the employee’s LTD
benefit as an approved offset. Employees with less than one
year of completed service are not eligible for SWCP.
An employee is never entitled to more than 85%/70% of regular
base pay while absent due to an on-the-job injury. Any
overpayments made by receiving both SWCP salary continuation
and Worker’s Compensation benefit payments in excess of
85%/70% of regular base pay will be deducted from the
employee’s salary continuation check, regular pay check, or are to
be reimbursed by the employee to the Company. The employee
receiving an overpayment is deemed to agree to the deduction
from the employee’s salary continuation check, regular pay check,
or to reimburse the Company.
CWA 1101 NJ 35 April 1, 2021
Section 15.06 SWCP payments of salary continuation benefits
will be in accordance with the CenturyLink Disability Plan (the
“Plan”) and shall cease upon the earlier of a) an employee’s
retirement b) discharge for just cause or c) when employment
would otherwise terminate because of reduction in force.
ARTICLE 16
Excused Paid Absences
Section 16.01 In case of death in the employee's immediate
family, a maximum of five (5) consecutive days will be granted.
The employee will be paid for those days he/she was originally
scheduled to work. Immediate family will be defined as spouse,
domestic partner, parents (including stepparents), child (including
stepchildren or child of your domestic partner), sibling (including
stepbrother or stepsister).
In the case of death for other covered relatives, a maximum of
three (3) consecutive days will be granted. The employee will be
paid for those days he/she was originally scheduled to work.
Other covered relatives include those who are related to you
through marriage (step or in-law), or through your domestic
partner, and will be defined as aunt, uncle, niece, nephew,
grandparent, grandchild and in-laws (including mother, father, son,
daughter, brother, sister and grandparents).
Section 16.02 An employee required to serve on jury duty on a
regularly scheduled workday shall be paid by the Company at
his/her straight time rate of pay for all time spent on jury duty.
When an employee is excused from jury duty during a regularly
scheduled workday at a time which would permit him/her to work,
he or she shall either report directly for work or contact his or her
immediate supervisor for direction.
Section 16.03 The Company will provide excused time for
regular employees who are members of the National Guard, Air
National Guard, Army Reserve, Marine Corps Reserve, or Coast
Guard Reserve and are activated for military training duty or
military emergency duty during hours in which he or she otherwise
would be scheduled for Company duty.
Difference in pay shall be allowed for the number of scheduled
work days falling within the training or emergency duty period but
not to exceed ten (10) days in any calendar year.
CWA 1101 NJ 36 April 1, 2021
Total compensation, including all gross military compensation due
the employee and his or her dependents, shall not exceed the
employee's basic pay rate.
Section 16.04 Employees excused for personal emergency
reasons after reporting for work will receive regular straight time
pay for the remainder of their tour which includes an on-the-job
injury. Personal emergency reasons shall be limited to a serious
illness or injury to member of the employee's immediate family
which requires emergency treatment or serious damage to the
employee's personal property which requires the employee's
immediate action. This provision does not apply to those
employees with less than six months' service.
ARTICLE 17
Leave of Absence
Section 17.01 Military Leave Policy
Regular employees covered by this Agreement who become a
member of any branch of the military service of the United States
of America shall be granted a military leave of absence and shall
continue to accumulate their seniority with the Company during
the time they are in the service in accordance with the Company
policy.
Section 17.02 Administrative/Personal Leave
Administrative/Personal leave of absence without pay may be
granted to an employee by the Company in its sole discretion and
in accordance with the Company policy. Administrative/ Personal
leaves may only be requested for an absence of five (5)
consecutive workdays or more and shall be limited to a cumulative
total of thirty (30) calendar days in any rolling twelve (12) month
period. Any extension beyond thirty (30) calendar days requires
additional approvals from the Company. All available PTO hours
must be exhausted prior to going into unpaid status while on
Administrative/Personal Leave.
Section 17.03 Family and Medical Leave
The parties recognize the applicability of the federal Family and
Medical Leave Act, and the Union recognizes the Company’s right
to establish FMLA policies and rules which are consistent with that
law and/or any applicable state law as well as any express
provision of this Agreement. These benefits are described and
CWA 1101 NJ 37 April 1, 2021
administered in accordance with the Company Policy.
Section 17.04 Disability Leave
All employees who are not eligible for federal or state Family and
Medical Leave, or have exhausted the maximum time available,
are eligible for disability leave for recovery from bona fide
disabling illnesses or injuries. This includes all on- and off-the-job
illnesses and injuries. Except as otherwise allowed by law,
disability leaves will be administered in accordance with the
Company Policy. Employees on disability leave may qualify for
benefits under several Company plans (PTO/Vacation, Workers’
Compensation, Short-Term Disability, Long-Term Disability)
subject to all of the policies and rules governing eligibility and use
of such benefits.
Section 17.04 Rules Governing Leaves
The following rules shall apply to all leaves:
1) An employee shall not seek or accept other employment of
any kind including any business of his own, while on an
authorized leave of absence, without advance written approval
from the Company. Should an employee violate this Section,
he is subject to immediate discharge.
2) Leaves granted for less than a maximum period may be
extended to the maximum if the employee remains eligible,
has permission and has satisfied the conditions applicable to
the granting of such leave.
3) The Company may require such physical or other professional
examinations from healthcare providers as are allowed under
the Americans with Disabilities Act, the Family and Medical
Leave Act and/or any other applicable law or regulations as
well as when an employee is claiming benefits or privileges
under this Agreement. This shall include, but not be limited to,
independent medical examinations to confirm a disability,
circumstances in which an employee seeks disability or family
leave and applies for or is receiving any benefits financed by
the Company; and “fitness for duty” examinations.
4) Administration of leaves, including the application process and
timelines, notice requirements, return to work rights, and
modified duty programs will be governed by the Company
Policy.
CWA 1101 NJ 38 April 1, 2021
5) The Company maintains the right to modify or amend the
administration guidelines described in the Company Policy at
its discretion.
ARTICLE 18
Job Vacancies
Section 18.01 Job postings will be available on-line on the
Company’s internal website. Such notice shall include the title and
job duties of the position available, the skills required for the
position, the closing date for submission of bids, and the work
location of the position. Only those job vacancies which the
Company has declared to be a job vacancy will be available for
employee bids.
Applications must be submitted electronically within the specified
time period using the on-line application tool provided by the
Company. The application shall contain a clear, concise statement
of the employee’s background, training and overall qualifications
and the reasons the bidding employee should be considered for
the position.
The job will be considered a promotion if it pays a higher
maximum rate than the job in which the employee is presently
working.
An employee's bid will be considered except employees who at
the time of the vacancy are in one of the following categories:
a) Probationary employees;
b) Employees who have not been in their present position for at
least one year. With supervisory approval, employees with
less than one year’s service in their present position may
submit a job bid.
Section 18.02 The Company will attempt to fill the vacancy
internally from those employees submitting a job bid request. The
Company may, at its discretion, require job applicants to take a
test or require certification, provided such test/certification is fair,
objective and appropriate to the job involved. In order to be
considered a candidate for selection, the candidate must
successfully pass any reasonable and job appropriate tests used
by the Company for the position. Qualifications shall be
determined by the total circumstances including test results if
CWA 1101 NJ 39 April 1, 2021
applicable, work experience, performance (and any performance
evaluations), applicable technical education and attendance. The
Company may use other forms of testing, interviews and/or other
reasonable methods of determining qualifications as herein
defined. It is understood that the Company may also consider
candidates outside the bargaining unit when filling vacancies. The
position will be filled by the most qualified candidate as
determined by the Company.
Seniority will govern in the event multiple internal candidates are
determined to be most qualified by the Company. If no candidates
are deemed qualified by the Company, the Company may elect to
fill the vacancy from any available source.
The Company will make every reasonable effort to notify the Local
1101 President of jobs being posted and who the successful
bidder was.
Employees successfully bidding on a posted vacancy may not bid
on another vacancy for a period of thirty (30) months. This
restriction will be waived should the company announce a layoff
situation in the employee’s job title. This restriction will also be
waived if a job vacancy becomes available within three (3) months
of the employees transfer to his/her new position.
Section 18.03 If a person is employed or re-employed as a
regular employee, he or she may be employed at a rate in excess
of the established starting rate as is commensurate with his/her
previous training, employment and experience. Wage progression
shall begin from the rate effective at the time of employment or re-
employment.
ARTICLE 19
Excused Union Absence
Section 19.01 Local Union representatives shall be granted time
off without pay for reasonable periods for the performance of
Union business, provided service conditions permit. One week's
notice of the employee's desire for such time off must be given the
Company. The one week notice may be waived by the Company
at the request of the International in cases of emergency when a
statement of reason is provided.
CWA 1101 NJ 40 April 1, 2021
ARTICLE 20
Layoffs
Section 20.01 Layoffs due to retrenchment or curtailment in
operations by the Company shall be in inverse order of seniority
within each Job Title.
Section 20.02 Layoffs under this Article may, at the discretion of
the Company, be confined to one or more Job Titles.
Layoffs need not apply to all Job Titles at the same time, but
contract workers in the Job Title impacted by the layoff shall be
released before any employees in that Job Title. Occasional,
Temporary and Part-Time employees will be laid off in the order
stated prior to the lay-off of any regular full time employee in that
Job Title.
In the event of a pending layoff, the Company will provide the
Union and employees affected by layoff with thirty (30) days
advance notice of the layoff. During this thirty (30) day period, the
Company will attempt to provide employment opportunities to
employees who have received layoff notices, provided they are
qualified to perform the job duties because of training or previous
work experience.
Senior unaffected employees will be permitted to volunteer for
layoff and multiple requests will be granted in descending seniority
order. Those employees will be entitled to layoff allowance in
accordance with Section 20.06
Employees who volunteer for layoff and are granted their request,
will not be eligible for recall rights and the Company will have no
restrictions regarding contractor usage within the job title affected
by the voluntary layoff.
In lieu of such notice, the employee will be paid four (4) weeks'
pay at the employee's basic weekly wage rate in addition to the
employee's allotted severance allowance.
Section 20.03 An employee who is about to be laid off may elect
to transfer to another job in the bargaining unit in accordance with
the following guideline:
A. The job is vacant and at the Company's option will be filled or
the incumbent employee has less company service than the
CWA 1101 NJ 41 April 1, 2021
transferring employee. Company service is defined as the
System Service date reflected in the employee's current HR
Record.
B. Transfers may only occur on a lateral or downward basis as
determined by the maximum wage rates for the wage
schedules involved.
C. It is understood and agreed that the transferring employee
must have previously held the job title or demonstrate he/she
has the skill and ability to perform the new job after a
minimum of on-the-job training and familiarization (defined as
120 hours). If formal classroom training is required to perform
the work, the employee will not be eligible to bump.
D. In all cases, the most senior employee requesting transfer
must displace the least senior employee in the job title to
which he/she is requesting transfer. Multiple requests to
displace the same incumbent shall be granted on a seniority
basis, providing either of the elements of Section 20.03C are
met by all employees requesting transfers.
E. Employees affected by work force reduction who elect not to
transfer, shall be separated without loss of recall rights or
severance pay.
F. Employees requesting transfer in order to avoid work force
reduction must provide written notification of their intent to the
Company within five (5) calendar days following the work
force reduction notification. Management shall review their
request to determine compliance with Section 20.03 and shall
advise the employee of the status of their transfer request
within ten (10) calendar days following the layoff notification.
Employees not complying with the time frames or not electing
to transfer, may not elect to transfer after the expiration of the
five (5) calendar day decision period specified in this section.
G. Employees who are displaced will be given notice as specified
in Article 20 and may, if applicable, exercise their transfer
rights under the provision of this policy.
Section 20.04 Reinstatement shall be offered within each Job
Title before new employees are hired in such Job Title. The
Company will offer reinstatement to those employees who were
laid off in each Job Title, or who were designated for layoff and
were transferred from that job title through a job bid following a
CWA 1101 NJ 42 April 1, 2021
layoff announcement in the inverse order of seniority in which they
were designated for layoff. Refusal by an employee to accept
reinstatement to the pre-layoff position will relieve the Company of
the obligation to offer such future reinstatement to that employee.
Section 20.05 The Company shall send a certified letter of
availability to employees due for reinstatement under the
provisions of this Article. The letter shall be mailed to the
employee's last known address. Any such laid off employee must
respond and be available for work within fourteen (14) days after
the mailing of notification; otherwise, the laid off employee shall be
deemed to have refused reemployment, and the Company's
obligation under this Article shall be terminated. There will be a
thirteen (13) month time limit on the period of recall for laid off
employees. It shall be the responsibility of the laid off employee to
inform the Company of change of address.
Former employees who are not subject to recall under this Section
may apply for employment with the Company. When an opening
occurs, former employees will be given special consideration for
reemployment, based on qualifications.
Section 20.06 Regular full-time and regular part-time
employees laid off under this Article shall receive a layoff
allowance, paid in a lump sum amount, computed on the
employee's regular rate of pay as follows:
Employees with 5 years service or less will be paid one (1)
weeks' pay for each continuous year of service, or major
portion thereof, including the 5th year of service.
Employees with more than 5 years of service, but not more
than 10, will receive 5 weeks' pay plus two weeks pay for each
continuous year of service, or major portion thereof, after the
5th year of continuous service.
Employees with more than 10 years of service shall receive
15 weeks' pay plus three (3) weeks for each continuous year
of service, or major portion thereof, after the 10th year of
continuous service, providing that in no event shall the layoff
allowance exceed 52 weeks' pay at the regular rate.
Section 20.07 Layoff allowance for a returning employee
ceases beginning the first day the employee is scheduled to return
to work following recall. If an employee who has been laid off and
paid a layoff allowance is subsequently reemployed and again laid
CWA 1101 NJ 43 April 1, 2021
off, the layoff allowance in the case of the subsequent layoff(s) is
based upon the employee's aggregate length of service since the
date of last reemployment minus any layoff allowance paid on a
previous layoff(s).
Section 20.08 The term "Week's Pay" as used in this Article is
to mean the full- or part-time week's work. A part-time week's
work shall be construed to mean the average hourly working time
for the preceding twenty-six (26) weeks.
Section 20.09 Employee Income Protection Plan (EIPP)
A. If during the term of this Agreement, the Company determines
that there is a need to adjust the workforce, after written notice
is first provided to the Union, the Company may at its sole
discretion elect to offer employees the opportunity, in the order
of seniority, to voluntarily leave the service of the Company
and receive Employee Income Protection benefits as
described below subject to the following conditions:
1. The Company in its sole discretion may offer EIPP to all
employees in the bargaining unit or only to employees by
seniority in certain job titles. The Company will determine
the period during which the employee may, if he/she so
elects, leave the service of the Company pursuant to this
Article. Neither such determinations by the Company nor
any other part of this Section shall be subject to
arbitration.
2. An employee's election to leave the service of the
Company and receive Employee Income Protection
benefits must be in writing and transmitted to the
Company within fourteen (14) calendar days from the date
the Company makes the formal offer notification in order
to be effective and such election may only be revoked
within such fourteen (14) day period. After the fourteen
(14) day period has expired, the Company will determine
by seniority the number of employees that can be granted
the offer, as well as their job titles. The Company will
confer with the Union regarding this determination,
however, the Company will make the final determination
and will communicate this decision in writing to the Union
and affected employees.
3. Employees who elect to receive benefits under the
provisions of this Section shall not be entitled to other
CWA 1101 NJ 44 April 1, 2021
severance pay benefits or other benefits which may be
provided to laid-off employees but shall be entitled to
receive those benefits applicable to retirees, if the
employee elects to retire. No employee shall be required
to retire in order to receive Employee Income Protection
Plan payments.
4. If an employee voluntarily accepts EIPP and is out or
should go out on Short Term Disability, the Short Term
Disability would end on the scheduled last day worked for
EIPP designation regardless of the anticipated release
date by the physician.
B. Employee Income Protection payments for employees who so
elect to leave the service of the Company in accordance with
this Section begin within one month after such employee has
left the service of the Company.
C. For employees who so elect in accordance with this Section,
the Company will pay as Employee Income Protection
payments, the amount of $30,000. Employees may elect to
receive the total benefits in either a lump sum, or in 12 month,
or 24 month, or 36 month, or 48 month equal payments.
The Company shall at its sole discretion have the right to offer
an enhanced termination allowance payment over and above
the provisions set forth herein if it deems appropriate. In the
event the Company decides to offer an enhanced voluntary
termination payment, the Company shall communicate its
intentions and the details of the enhancement to the Union
prior to extending any offer to employees.
D. As used in this agreement, "annual compensation at the basic
weekly rate (or its equivalent)" or "basic weekly wage rate (or
its equivalent)" do not include tour or temporary differentials,
overtime pay, or other extra payments.
E. Payments hereunder shall cease upon the employment of a
recipient by the Company or any affiliated or subsidiary
companies. Employees who elect a lump sum payment, and
who are employed as noted above before a period of 12
months from the date of original separation, will be required to
return to the Company a prorated portion of the original lump
sum payment through a payment plan agreeable to both the
Company and the employee. Full payment, however, must be
made in six months or less.
CWA 1101 NJ 45 April 1, 2021
F. In the event of the death of a recipient of Employee Income
Protection payments before all of the monthly payments to
which he is entitled have been made, the remaining amount
shall be paid to the individual's estate.
ARTICLE 21
Seniority
Section 21.01 Seniority is determined by the employee's total
continuous service as shown on the records of the Company and
shall apply to those preferences and privileges specifically
covered by seniority in this Agreement. In the event employees
are hired on the same day, the employee whose last name begins
with the letter of the alphabet closest to “A” will be considered the
senior employee. Seniority for employees hired on the same date
on or after April 1, 2009 will be determined by using the last four
digits of the employees’ Social Security numbers, with the higher
number being more senior.
Section 21.02 Bridging of Service
Upon reemployment following any separation from employment,
an employee may qualify for “bridging of service.” Bridging of
service shall be available to former employees in accordance with
the Bridging of Service Policy applicable to non-represented
employees of the Company.
The Company has the exclusive right to amend, or modify, the
Bridging of Service Policy at any time so long as the changes are
uniformly applied to all eligible employees, both represented and
non-represented of the Company.
The Company will attempt to give the Union at least 60 days
advance notice before making changes to the policy and the Union
can request a meeting with the Company to discuss the proposed
changes.
Section 21.03 Employees who transfer to a job in this
bargaining unit from other CenturyLink CWA-represented work
locations will transfer with bargaining unit seniority intact.
ARTICLE 22
Contract Work
Section 22.01 The Company will not contract out work normally
CWA 1101 NJ 46 April 1, 2021
performed by bargaining unit employees should such contracting
be the direct cause of a layoff of bargaining unit employees.
Therefore, before any layoff of regular employees can occur any
contractors performing the same work of the job title impacted by
the layoff will be released to the extent necessary to prevent the
layoff. It is understood that certain work is not within the scope of
the bargaining unit employees, such as work for which employees
are not equipped or trained.
ARTICLE 23
Outside Employment
Section 23.01 The Company agrees that its employees may be
gainfully employed by others or self-employed provided that such
employment does not interfere with or detract from the employee's
ability to perform his/her work for the Company or interfere with
availability for such work.
Section 23.02 The Company shall not condone the
engagement of any employee in employment, gainful or otherwise,
for the purpose of the operation, maintenance, administration,
sales, repair, design, construction, or installation of customer
owned or leased equipment that is interconnected with Company
facilities, and which in turn provides a service, convenience, or
facility which is or may be available through Company tariff or
other offerings.
For the purposes of this Article, gainful employment shall include
personal work effort, supervision or training of other worker’s, and
any consultation for which remuneration is made.
Section 23.03 Any employee who is injured or who becomes ill
as a result of outside gainful employment shall not be entitled to
any rights or benefits under the Company's sickness and accident
program(s) during such disability.
Section 23.04 Should any violation of this Article occur, the
employee shall immediately terminate his/her supplemental
employment or be terminated from Company service.
ARTICLE 24
Bulletin Boards and Non-Solicitation
Section 24.01 Bulletin boards may be purchased, installed,
and maintained by the Union in locations on Company premises
accessible to employees who are Union members. The size, type,
CWA 1101 NJ 47 April 1, 2021
and number of bulletin boards shall be mutually agreed to by the
Company and the Union and they may be used by the Union for
posting notices approved by management.
Section 24.02 The Union agrees that there shall be no
solicitation for membership in the Union, enrollment of members,
or collection of initiation fees, dues or assessments on time
worked and paid for by the Company provided, however, that this
shall not be construed to prohibit casual or personal conversation
about the Union and its activities and provided further that this
shall not be construed as permitting employees to quit or delay
their work for the purpose of such conversation.
Section 24.03 There shall be no general distribution or posting
by employees of pamphlets, advertising or political matter notices,
or any kind of literature upon Company property other than as
herein provided.
ARTICLE 25
Company Responsibilities
Section 25.01 It is understood and agreed that the Company
has all customary and usual rights, powers, functions and
authority of management.
The management, direction and supervision of the Company's
plant and business including all operations, policies, working
forces, hours of work, schedules, hiring, transfer, promotion,
suspension, discharge or other discipline, the assignment,
modification or change of work duties and requirements, the
exclusive right to assign any future work which falls outside of the
franchised territory, the right to contract out work, the right to lay
off because of lack of work, or for any other reason, the
establishment of standards for job performance, and the
establishment and maintenance of rules for safe and efficient
operations, are each vested exclusively in the Company subject
only to the express limitations of this Agreement.
Work and Safety Policies and Rules
The Company may from time to time establish, change and/or
withdraw work and safety policies and rules as it deems necessary
or appropriate.
The Company will provide the Union with copies of such policies
and rules (or any changes) at least fifteen (15) calendar days prior
CWA 1101 NJ 48 April 1, 2021
to implementation unless earlier implementation is mandated by
federal, state, or local legislation or regulations. The Union may
file a grievance at Step 2 of the Grievance Procedure if it believes
any such policies, rules or changes are inconsistent with any
specific provision of this Agreement, but any such grievance must
be filed no later than fifteen (15) days after its effective date.
The enumeration of management prerogatives shall not be
deemed to exclude other prerogatives herein enumerated.
Section 25.02 At the discretion of management, due to service
requirements, employees covered by this agreement may be
required to work at other Company locations outside the
bargaining unit jurisdiction. Similarly, employees from other
bargaining units and/or non-bargaining employees may be
required to work at Company locations within the bargaining unit
jurisdiction performing bargaining unit work.
The Company recognizes the Union’s right to protect and serve its
jurisdiction over the work performed by employees assigned to the
bargaining unit. The Company shall keep to a minimum such
temporary cross jurisdictional work and shall make such
assignments on a limited and temporary basis to meet service
requirements.
The parties agree that the assignment of bargaining unit work to
non-unit employees and the assignment of non-bargaining unit
work to bargaining unit employees as permitted under this
agreement is not intended in any way to affect the separate
community of interest shared by each group of employees, nor to
result in an accretion of one group of employees into another.
ARTICLE 26
Definition of Agreement
Section 26.01 It is agreed that during the negotiations leading
to the execution of this Agreement, the Union has had full
opportunity to submit all items appropriate for collective
bargaining, that the Union expressly waives the right to submit any
additional items for negotiation during the term of this Agreement
irrespective of whether the item was or was not discussed during
the course of negotiations leading to the execution of this
Agreement, and that this Agreement incorporates the full and
complete understanding between the parties, superseding and
invalidating any previous commitments of any kind, oral or written.
The specific provisions of this Agreement are the sole source of
CWA 1101 NJ 49 April 1, 2021
any rights of the Union or any member of the bargaining unit.
ARTICLE 27
Duration of Contract
Section 27.01 The terms of this Agreement shall not be limited
or qualified unless by mutual written consent of the Company and
the Union.
Section 27.02 This Agreement shall become effective as of the
1
st
day of April 2021, and shall continue in effect until midnight of
March 31, 2024, and from year to year thereafter unless the
Company or the Union shall, not less than sixty (60) days prior to
the expiration date, notify the other party of its desire to amend or
terminate the Agreement.
Section 27.03 This Agreement shall constitute the exclusive
bargain between the contracting parties as to working conditions
except as the same may be modified in writing after negotiations
between the Company and the Union.
ARTICLE 28
Recognition
Section 28.01 At the sole discretion of the Company, employee
recognition and/or incentive programs to honor exemplary
performance, achievement of objectives, meritorious events,
community service, etc., by employees, may be unilaterally
developed, implemented, modified or deleted. Such programs may
include, but not be limited to, cash payments, bonuses, or
commissions and may be, at the individual and/or group level. The
Company will notify the Union in advance of any newly developed,
modified or expired recognition or incentive programs, however,
both parties mutually agree to the above mentioned unilateral
Company right. If and to the extent that any such recognition
programs, incentive programs, individual bonuses, or
commissions may be awarded, such award shall not constitute a
binding precedent or practice with respect to any future
recognition programs, incentive programs, individual bonuses, or
commissions.
It is mutually agreed that sales referral work is a requirement for all
employees in customer contact positions as part of their normal
job duties. It is further agreed that the Company has the right to
establish sales incentive and promotional programs to stimulate
sales of its products and services.
CWA 1101 NJ 50 April 1, 2021
ARTICLE 29
Call Out and Stand By
A. Call out is a condition of employment and occurs in response
to a specific service failure or case of customer trouble.
It is
understood that employees may be requested to work call
out hours and employees are expected to respond to call
outs. In order to meet this obligation employees must
provide the Company with a can be reached number or
utilize the Company-provided phone after hours. Multiple
events that continue to be met without response, may be
brought forth to the Union leadership for assistance to
address.
The use of an answering machine or a ring/no answer during
the on-call period will be considered unavailability for call out.
Call out shall be computed from the time the employee arrives
at the appropriate reporting center to the time the employee
returns to the appropriate reporting center.
An employee who is called out to work non-scheduled (NS)
time will receive a minimum of three (3) hours pay at the rate
of one and one-half (1 1/2) times the base rate. An employee
who is called out to work non-scheduled (NS) time on Sunday
will receive a minimum of three (3) hours of pay at the rate of
one and one-half (1 ½) times the base rate.
There shall be no pyramiding of call-out pay. In the event of
more than one call-out during the minimum period, time paid
will be continuous from the time of the initial call-out to the
completion of the work.
B. In order to meet the needs of the business in the most efficient
manner, the Company, at its discretion, may use a “stand-by”
differential for some work groups based on customer service
requirements. Employees who are designated for stand-by
will be utilized in any customer location where he/she is
qualified to perform the work. The Company will contact all
qualified employees in the bargaining unit where the call out
originated before exercising the option to contact employees
in this Local. Employees on stand-by will provide the service
center a telephone number where they can be contacted and
be readily available to respond to service outages. Stand by
pay will be $30.00 per day/$40 on a designated holiday.
Employees are required to be available and accept call out
CWA 1101 NJ 51 April 1, 2021
during their designated stand-by period. The stand-by person
shall be indicated on the schedule and will be assigned on a
rotation basis according to the work schedule. An employee
who fails to respond to a service outage during the assigned
stand-by period will forfeit stand-by pay for that day in which
no response was made. He/she will be paid stand-by for the
remainder of the assigned period.
The payment of stand-by pay does not in any way diminish the
responsibility of any employee to respond to call-out during
the on-call period.
ARTICLE 30
STRIKES AND LOCKOUTS
Section 30.01 Strikes, slowdowns, picketing, sympathy strikes
or work stoppages of any kind are prohibited under the terms of
this Agreement and the Union shall assume full liability for the
authorization and occurrence of such acts. The Company agrees
that there shall be no lockouts during the term of this Agreement.
During the term of this Agreement, Union and its agents,
representatives and officers, and all employees who are covered
by this Agreement, as individuals and as a group, will not
authorize, cause, assist, participate, acquiesce in, or encourage
any strike, work stoppage, sick-out, slowdown, picketing, or any
similar disruption or restriction of work on, in or at any of the
Company’s premises or locations where Company employees are
working. This specifically includes “sympathy” strikes and the
observance of picket lines, signs, or appeals from any labor
organization engaged in any such activities, except in situations
where an employee has a reasonable, objective belief of bodily
harm in which event they will immediately notify management.
However, nothing in this Section will prevent the Union from
engaging in picketing or other publicity for purposes of truthfully
advising the public of any contract disputes unless an effect of the
activity is to induce any employee or other person to cease
rendering or providing services to the Company.
During the term of this Agreement, the Company will not cause or
engage in any lockout of its employees.
In the event any of the above occurs, the union and its officers will
do everything within their power to end or avert the same. Any
employee who violates the above may be subject to corrective
action.
CWA 1101 NJ 52 April 1, 2021
ARTICLE 31
Pension Agreement
between
United Telephone Company of New Jersey, Inc.
and
Communications Workers of America
The Company has adopted the Embarq Pension Component of
the Lumen Combined Pension Plan (referred to herein as the
“Retirement Pension Plan”) and except as provided in Section 3
below, agrees to include Eligible Employees covered by this
Agreement as Members of such Retirement Pension Plan below.
Said Pension Agreement shall be continued without modification
for the life of this Agreement; provided, however, the Company
(and for this purpose only Company shall include Embarq
Corporation) retains the right to make such changes in the
Retirement Pension Plan, in its sole discretion, as may be required
to obtain a ruling from the Commissioner of Internal Revenue that
the Retirement Pension Plan qualifies under Section 401(a) of the
Internal Revenue Code of 1986, as amended from time to time,
and that the Trust implementing the Retirement Pension Plan is
exempt from taxation under Section 501(a) of said Code, to satisfy
any applicable state or federal statute, regulation, ruling, court
decision or other law applicable to said Retirement Pension Plan,
or to administer Retirement Pension Plan in an orderly and
efficient manner. Except as provided in Section 3 below, any such
action taken by the Company in its sole discretion with respect to
the Retirement Pension Plan shall apply to all similarly situated
employees of the Company in a uniform manner. The Company
pays all contributions to the Retirement Pension Plan.
Nothing within this Agreement shall constitute an amendment to
the Retirement Pension Plan which is subject to its terms and
conditions. In the event of an inconsistency between this
Agreement and the Retirement Pension Plan document, the terms
of the Retirement Pension Plan document shall govern.
Administration of the Embarq Pension Component of the Lumen
Combined Pension Plan and benefit disputes are not subject to
the grievance or arbitration procedure set forth in this Agreement.
Section 1. Embarq Pension Component of the Lumen Combined
Pension Plan
The Company agrees to provide to Members, who are Eligible
Employees as defined by the Embarq Pension Component of the
CWA 1101 NJ 53 April 1, 2021
Lumen Combined Pension Plan (referred to herein as the
Retirement Pension Plan) pension benefits in the form of a
Retirement Allowance hereinafter specified in this Agreement
effective April 1, 2021, subject to the terms and conditions of the
Retirement Pension Plan. All terms defined in the Retirement
Pension Plan shall have the meaning specified therein unless the
context of this Pension Agreement clearly indicates otherwise. All
capitalized terms are as defined in the Retirement Pension Plan.
Except as provided in Section 3 below, a Member shall mean an
employee of United Telephone Company of New Jersey, Inc.
represented by Local Union No. 1101 of the CWA who is eligible
to participate in the Retirement Pension Plan pursuant to Article II
of the Retirement Pension Plan.
The provisions of the Retirement Pension Plan, other than Section
3.2, Retirement Allowance on Termination of Employment or
Retirement, including the rights of the Board of Directors of
Embarq Corporation to make such amendments as it deems
advisable with respect to all of the provisions of the Retirement
Pension Plan other than those referred to specifically in this
document, are incorporated herein by reference and shall be in full
force and effect provided that Continuous Service and Credited
Service shall be determined in accordance with definitions in
Sections 1.9, Continuous Service, and 1.11, Credited Service,
respectively of the Retirement Pension Plan, except as specifically
provided to the contrary herein.
Anything contained in the Retirement Pension Plan to the contrary
notwithstanding, the tables of monthly benefit per year of service
hereinafter described shall apply to a Member until and unless
revised by a subsequent Pension Agreement. This Pension
Agreement shall terminate when the contract between the
Company and the Bargaining Unit terminates. Upon the
termination of this Pension Agreement, if as of such date a
subsequent Pension Agreement between United Telephone
Company of New Jersey, Inc. and Communications Workers of
America is not in force, the Retirement Allowance of any Member
shall be determined as of such date and shall not increase for any
reason until the effective date of a subsequent Pension
Agreement with a pension table increase. No Credited Service
shall be earned following such date. Continuous Service shall
continue to be earned in accordance with Section 1.9, Continuous
Service, of the Retirement Pension Plan. A Member may retire as
provided in the Retirement Pension Plan following such
termination date and receive the Retirement Allowance
CWA 1101 NJ 54 April 1, 2021
determined as of the termination date, provided that such
allowance shall be adjusted as provided in the Retirement Pension
Plan if it is paid in a form other than a life annuity or commences
on a day other than the Members Normal Retirement Date, as
defined in the Retirement Pension Plan.
Section 2. Amount of Allowance
(a) The amount of the Retirement Allowance payable in the form
of a life annuity to a Member who retires under normal or early
retirement under Article III, Retirement Allowance, of the
Retirement Pension Plan shall be based on the Member's age
in years and completed whole months, Job Classification and
Credited Service at Termination of Employment; and date of
Termination of Employment, or Normal Retirement Date if
earlier, determined from the attached tables, by multiplying the
appropriate monthly benefit per year of service by the number
of years of Credited Service, subject to the provisions
contained in Article IV, Provisions Relating to Pension
Agreements, of the Retirement Pension Plan.
(b) The amount of the Retirement Allowance payable in the form
of a life annuity to a Member who is entitled to a Deferred
Vested Early Retirement Allowance as defined in Section 1.12
of the Retirement Pension Plan shall be equal to the benefit
determined in paragraph (a) above using the appropriate
monthly benefit per year of service for a Member age 65 at the
time of the Member's Termination of Employment.
Section 3 Hired, Rehired, or Transferred Employees On or After
1/1/16 into CWA 1101
Any Employee who is first hired by the Company into CWA 1101
on or after 1/1/16 shall not be eligible to become an Eligible
Employee of the Retirement Pension Plan and shall not be eligible
to become a Member in the Retirement Pension Plan. If such an
Employee later transfers to another union that allows pension
benefit accruals, under the Retirement Pension Plan, service with
the Company earned prior to the transfer will not be used to
determine the Employee’s Retirement Allowance but such service
shall be considered for purposes of eligibility, participation and
vesting.
Any Legacy Embarq Employee who is rehired or recalled into
CWA 1101 on or after 1/1/16 is not eligible to become a Member
in the Retirement Pension Plan for purposes of accruing and
CWA 1101 NJ 55 April 1, 2021
additional Retirement Allowance under such Retirement Pension
Plan. Such Employee shall remain a Member solely with respect
to the amount of any Retirement Allowance accrued prior to being
rehired or recalled by CWA 1101 on or after 1/1/16 to the extent
he was not given a distribution of his entire prior Vested Interest
prior to being rehired or recalled. Service on or after 1/1/16 for
such Employee will be considered only for purposes of
participation, vesting and eligibility for any type of Retirement
Allowance earned prior to being rehired or recalled (i.e. Normal,
Early, Special Early, Deferred Vested, Disability and Death
benefit).
Any Legacy Embarq Employee who first becomes covered under
the CWA 1101 Agreement through any means (including, but not
limited to job bid, transfer, or any process by which the National
Labor Relations Board orders that other represented or
unrepresented CenturyLink employees are or should be covered
under the CWA 1101 Agreement) on or after 1/1/16 is not eligible
to become a Member in the Retirement Pension Plan for purposes
of accruing an additional Retirement Allowance under such
Retirement Pension Plan. Such Employee shall remain a Member
solely with respect to the amount of any Retirement Allowance
accrued prior to being covered under the CWA 1101 Agreement
on or after 1/1/16 to the extent he was not give a distribution of his
entire prior Vested Interest prior to being covered under the CWA
1101 Agreement. Service on or after 1/1/16 for such Employee
will be considered only for purposes of participation, vesting and
eligibility for a Retirement Allowance (Normal, Early, Special Early,
Deferred Vested, Disability and Death benefit), and not for
accruing an additional benefit.
Any non-Legacy Embarq Employee who first becomes covered
under the CWA 1101 Agreement through any means (including,
but not limited to job bid, transfer, or any process by which the
National Labor Relations board orders that other represented or
unrepresented CenturyLink employees are or should be covered
under the CWA 1101 Agreement) or rehired or recalled into CWA
1101 on or after 1/1/16 shall not become an Eligible Employee and
shall not be eligible to become a Member in Retirement Pension
Plan. Service on or after 1/1/16 for such Employee will be
considered for purposes of determining participation, vesting and
eligibility for a pension benefit in such Employee’s former pension
plan(s), if any. If such an Employee later becomes covered
under another union that allows benefit accruals under the
Retirement Pension Plan, service earned with CWA 1101 prior to
the subsequent move from CWA 1101 will not be used to
CWA 1101 NJ 56 April 1, 2021
determine the Retirement Allowance in the Retirement Pension
Plan but such service will be considered for purposes of eligibility,
participation and vesting.
For purposes of this section only, “Legacy Embarq Employee”
shall mean:
1. Any employee of Embarq prior to July 1, 2009.
2. Any employee of CenturyLink first hired on or after July 1,
2009 but before 1/1/16 who worked at an Embarq entity and
who became an Eligibile Employee or is eligible to become an
Eligible Employee.
Section 4. Lump Sum Benefit Payment Option
The Company may, at its sole option and discretion, amend the
Retirement Pension Plan to provide a lump sum benefit payment
option to Members represented by CWA 1101, effective as of the
date specified in the Retirement Pension Plan. Members
represented by CWA 1101 who elect to receive their retirement
Allowance in the form of a lump sum must make their election
within the timeframe and pursuant to the procedures established
by the Plan Administrator for the Retirement Pension Plan. Any
lump sum benefit payment option will be based on the present
value of the Member’s single life annuity benefit and calculated
and paid solely as provided in the Retirement Pension Plan and
subject to the terms of the Retirement Pension Plan. This Section
is not, and is not intended to be, an amendment of the Retirement
Pension Plan which can only be amended by authorized persons
designated by the Retirement Pension Plan terms.
Notwithstanding any provision to the contrary, the decision to
amend the Retirement Pension Plan to provide a lump sum benefit
payment option is within Company’s sole and complete discretion.
If the Company, however, amends the Retirement Pension Plan to
provide a lump sum benefit payment option, the Company may,
subject only to the Retirement Pension Plan’s terms and
applicable law, eliminate the lump sum benefit payment option on
a prospective basis, even prior to the termination of this Section.
This Section shall terminate when the Agreement between the
Company and the Bargaining Unit terminates. Thus, the Company
may, unless contrary terms of the Retirement Pension Plan, the
requirements of applicable law or a subsequent agreement
between the Company and the Union, amend the Retirement
CWA 1101 NJ 57 April 1, 2021
Pension Plan to terminate this lump sum benefit option upon the
expiration of this Labor Agreement. The continued application of
this Section to any Member and to any Retirement Allowance of
any such Member, regardless when accrued, shall be subject to
collective bargaining and applicable law. The operation and
administration of the Retirement Pension Plan, the calculation of
benefits, eligibility requirements, all terms and conditions related
thereto and the resolution of any disputes involving the terms,
conditions, interpretation, and administration of the Retirement
Pension Plan shall rest with the Company and its delegates, shall
be determined only under the terms of the Retirement Pension
Plan, shall not be determined under the terms of this Agreement,
and shall not be subject to the grievance or arbitration procedure
set forth in this Agreement.
ARTICLE 32
Savings Plan Agreement
between
United Telephone Company of New Jersey, Inc.
and
Communications Workers of America
The Company has adopted the Lumen Union 401(k) Plan (the
“401(k) Plan”) and agrees to include employees covered by this
Agreement as members of such 401(k) Plan as soon as
administratively feasible following ratification of this Agreement, in
accordance with the Savings Agreement as included below. In
addition, the Company agrees to withhold employee contributions
as provided in said Savings Agreement and to make Company
contributions thereto. Said Savings Agreement shall be continued
without modification for the life of this Agreement; provided,
however, the Company (and for this purpose only Company
shall include CenturyLink Corporation) retains the right to make
such changes in the 401(k) Plan, in its sole discretion, as may be
required to obtain a ruling from the Commissioner of Internal
Revenue that the 401(k) Plan qualifies under section 401(a) and
401(k) of the Internal Revenue Code of 1986, as amended from
time to time, and that the Trust implementing the 401(k) Plan is
exempt from taxation under Section 501(a) of said Code, to satisfy
any applicable state or federal statute, regulation, ruling, court
decision or other law applicable to said 401(k) Plan, or to
administer said 401(k) Plan in an orderly and efficient manner.
Any such action taken by the Company in its sole discretion with
respect to the 401(k) Plan shall apply to all similarly situated
employees of the Company in a uniform manner. The Company
CWA 1101 NJ 58 April 1, 2021
agrees to notify the union of any such action.
Section 1. Lumen 401(k) Plan
The Company agrees to provide a means for employees to save
for their retirement on a tax-preferred basis through the 401(k)
Plan. Employee and Company contributions to said 401(k) Plan
are specified in this Agreement. All terms defined in the 401(k)
Plan shall have the meaning specified therein unless the context
of this Savings Plan Agreement clearly indicates otherwise.
Participation shall be in accordance with Article 2, Participation, of
the 401(k) Plan.
Section 2. Employee Contributions
(a) Each participant shall be allowed to contribute on a bi-weekly
basis up to an amount equal to eighty percent (80%) of the
participant’s wage.
Such bi-weekly wage deductions shall be in increments of one
percent (1%) and shall be contributed to the participant’s
account. The participant may contribute on a pre-tax, after-
tax, Roth basis or any combination.
(b) Catch-up contributions shall continue to be allowed as defined
in the Plan document. Such bi-weekly wage deductions shall
be increments of one percent (1%) and shall be contributed to
the Participant’s account. The participant may contribute on a
pre-tax, Roth basis or combination.
A participant’s “wage” means base pay and approved incentives
earned during a payroll period and shall not include overtime pay,
shift differential pay, severance pay or any other extra pay or
compensation.
Section 3. Company Contributions
(a) For employees hired, re-hired or who become covered under
the CWA 1101 Agreement through any means before 1/1/16,
the Company shall contribute a Company Matching
Contribution equal to 25 percent of the Participant’s
Contribution, up to a maximum of 6 percent of eligible wage.
(b) For employees hired, re-hired or who become covered under
the CWA 1101 Agreement through any means on or after
CWA 1101 NJ 59 April 1, 2021
1/1/16, the Company may contribute a Company Matching
Contribution in accordance with the same matching
contribution formula under the CenturyLink Dollars & Sense
401(k) Plan for Non-Bargaining Employees as soon as
administratively feasible.
(c) Employees hired or re-hired into the bargaining unit on or
after 4/1/21, shall automatically be enrolled in the 401(k)
Plan in accordance with the terms of the 401(k) Plan and
its administrative procedures. Employees shall have the
option of opting out of the automatic contributions or
modifying their contribution level in accordance with
terms of the 401(k) Plan and its administration
procedures. Automatic enrollment will be implemented
as soon as administratively feasible.
CWA 1101 NJ 60 April 1, 2021
IN WITNESS WHEREOF, this Agreement is entered into the day
and year first above-mentioned and the signatories hereto are
recognized as the delegated and fully authorized representatives
of each of the Parties.
United Telephone Company
of New Jersey, Inc.
Communications Workers
of America
___________________
Bryan Smith
Senior Director
Human Resources
Company Negotiating Committee:
Joseph A. Basile
Bill Wise
Joe Centobene
Union Negotiating Committee:
Vikki Rochelle
Jerome Paredes
Ken Spatta
CWA 1101 NJ 61 April 1, 2021
STEP JX1
JX8
Start $16.41 $10.50
6 Months
$17.13 $10.96
12 Months
$18.18
$11.63
18 Months $19.61
$12.54
24 Months $21.43 $13.67
30 Months
$23.55 $15.06
36 Months $26.01 $16.68
42 Months $28.90 $18.49
48 Months $32.11 $20.54
54 Months $35.68 $22.82
Group JX1
Group JX8
*Effective the first day of the pay period closest to the effective date
STEP JX1 JX8
Start $16.66 $10.66
6 Months $17.39 $11.12
12 Months $18.45 $11.80
18 Months $19.90 $12.73
24 Months $21.75 $13.88
30 Months $23.90 $15.29
36 Months $26.40 $16.93
42 Months $29.33 $18.77
48 Months $32.59 $20.85
54 Months $36.22 $23.16
Group JX1
Group JX8
*Effective the first day of the pay period closest to the effective date
WAGE SCHEDULE
Material Handler
Business Svc Tech, Construction Tech, Customer Svc Tech,
Equipment Installer, Network Tech
Material Handler
WAGE SCHEDULE - CWA 1101 - CLINTON, NEW JERSEY
EFFECTIVE: APRIL 1, 2022*
CENTURYLINK
WAGE SCHEDULE - CWA 1101 - CLINTON, NEW JERSEY
EFFECTIVE: APRIL 1, 2021*
CENTURYLINK
WAGE SCHEDULE
Business Svc Tech, Construction Tech, Customer Svc Tech,
Equipment Installer, Network Tech
CWA 1101 NJ 62 April 1, 2021
STEP JX1 JX8
Start $16.91
$10.82
6 Months $17.65
$11.29
12 Months $18.73
$11.98
18 Months $20.20 $12.92
24 Months $22.08 $14.09
30 Months $24.26 $15.52
36 Months $26.80 $17.18
42 Months $29.77 $19.05
48 Months $33.08 $21.16
54 Months $36.76 $23.51
Group JX1
Group JX8
*Effective the first day of the pay period closest to the effective date
Business Svc Tech, Construction Tech, Customer Svc Tech,
Equipment Installer, Network Tech
WAGE SCHEDULE
Material Handler
WAGE SCHEDULE - CWA 1101 - CLINTON, NEW JERSEY
EFFECTIVE: APRIL 1, 2023*
CENTURYLINK
CWA 1101 NJ
Appendix B
United Telephone Company of New Jersey, Inc.
CWA 1101 - Pension Plan
Flat Dollar Benefit Unit
MONTHLY BENEFIT PER YEAR OF SERVICE
Job
Classification
Wage
Schedule
AGES
65-70
64
63
62
61
60
59
58
57
56
55
April 1, 2021
TO
March 31, 2024
63
Schedule 1
JX9
45.20
42.90
40.70
38.40
36.20
33.90
31.60
29.40
27.10
24.90
22.60
Schedule 2
JX8
46.30
44.00
41.70
39.40
37.00
34.70
32.40
30.10
27.80
25.50
23.20
Schedule 8
JX3
70.80
67.30
63.70
60.20
56.60
53.10
49.60
46.00
42.50
38.90
35.40
Schedule 9
JX1
72.40
68.80
65.20
61.50
57.90
54.30
50.70
47.10
43.40
39.80
36.20
April 1, 2021
CWA 1101 NJ 64 April 1, 2021
Letter of Agreement
March 21, 2018
John Dempsey
CWA Representative
Dear John:
The following job classifications listed below are not necessary in this
collective bargaining agreement.
In the event the Company elects to hire employees back into one of
the below listed job titles, this agreement will be opened to
negotiate the wage rates for these affected classifications formerly
listed in the 2012-2015 or 2015-2018 Collective Bargaining
Agreement.
1. Field Engineer
2. Customer Service Technician I
3. Lineworker (Group JX4)
4. Central Office Attendant (Group JX6)
5. Plant Clerk, Premise Installer
6. IS Technical Service Technician (Group JX1)
7. Vehicle Mechanic (Group JX1)
8. Business Communication Technician I (Group JX3)
9. Custodian (Group JX9)
Joseph A. Basile
Labor Relations Negotiator
CenturyLink
Date: 5-9-2018
INDEX
CWA 1101 NJ A April 1, 2021
A
Absences, Excused/Paid, 35
Accident Benefits, 31
Administrative/Personal Leave, 36
Agency Shop, 4
Arbitration, 8
Authorized Representation, 2
B
Benefits, 28
Bereavement Leave, 35
Bridging of Service, 45
Bulletin Boards, 46
C
Call Out, 50
Call Out Pay, 50
CenturyLink 401K Plan, 57
Certification Differential, 16
Company Responsibilities, 47
Compressed Work Week, 14
Consecutive Days Off, 15
Contracting Work, 45
Cross Jurisdictional Work, 48
D
Definition of Agreement, 48
Disability Benefits, 31
Disability Leave, 37
Driver’s License, Loss of, 22
Dues Deductions, 4
Duration of Agreement, 49
E
Effective Date of Agreement, 1
Employee Income Protection Plan, 43
Employee Travel Expenses, 19
Equipment & Tools, 18
F
Family & Medical Leave, 36
Four Ten Hour Work Days, 14
Funeral Leave, 35
G
Grievance Procedure, 6
H
Healthcare Benefits, 28
Holiday Coverage, 23
Holiday Pay, 24
Holidays Observed, 23
Home/Satellite Garaging, 14
Hours of Work and Pay Practices, 10
I
Incentive/Recognition Programs, 49
In-Charge Differential, 13
Inclement Weather, 21
J
Job Applications, 38
Job Bid Restriction 30 Months, 38
Job Bidding/Vacancies, 38
Job Classifications (Letter Agreement), 64
Job Classifications (New/Existing), 4
Job Postings, 38
Job Vacancies, 38
Jury Duty, 35
L
Layoff Allowance, 42
Layoffs, 40
Leave of Absence, 35
Leave Rules, 37
Letter Agreement-Job Classifications, 64
Lockouts, 51
Lunch Period, 13
M
Management Performing Bargaining
Work, 15
Management Rights, 47
Military Duty Absence, 35
Military Leave of Absence, 35
N
Night Differential, 13
Nondiscrimination, 6
Non-scheduled Overtime, 13
Non-solicitation, 46
INDEX
CWA 1101 NJ B April 1, 2021
O
Occasional Employees, 4
Outside Employment, 46
Overtime, 11
Overtime Rate, 11
P
Paid Time Off (PTO), 25
Part-Time Employees, 3
Payday Schedule, 16
Pension Agreement, 52
Pension Bands (Appendix B), 63
Personal Emergency Absence, 35
Personal/Administrative Leave, 36
Probationary Employees, 3
Protective Footwear Reimbursement, 17
PTO Approval, 26
PTO Cancelled/Postponed, 26
PTO Carryover, 27
PTO Payout at Termination, 26
PTO Scheduled, 26
PTO Selection, 27
PTO, Unscheduled, 26
R
Recognition/Incentive Programs, 49
Recognition, Union, 1
Regular Employees, 3
Reinstatement/Recall Procedure, 41
Reporting Location, 20
Rest Period, 13
Restriction on Job Bidding (thirty
month), 38
Retiree Health Benefits, 29
Rules Governing Leaves, 37
S
Safety Eyewear, 17
Safety Footwear, 17
Savings Plan Agreement, 57
Schedule Changes, 10
Seniority, 45
Seniority Reciprocal, 45
Short-Term Disability Benefits, 31
Sick Benefits/Accident Disability, 301
Stand-By Differential, 50
Strikes, 51
Sunday Work, 11
T
Telephone Concession, 31
Temporary Assignments, 15
Temporary Employees, 3
Ten Hour Tours, 14
Terms (Definitions), 3
Tools and Equipment, 18
Tour, 10
Tour Changes, 10
Tour Posting and Selection, 10
Travel Expenses, 19
U
Uniforms, 19
Union Absence, Excused, 39
Union Bulletin Boards, 46
Union Business on Company Time, 39
Union Dues Deduction, 4
Union Membership, 5
Union Recognition, 1
V
Voluntary Benefits Program, 30
W
Wage Increases, 22
Wage Schedules (Appendix A), 61-62
Wages, 22
Work and Safety Policies and Rules, 47
Work out of Classification, 15
Work Week, 10
Worker’s Compensation, 34
Working Conditions, 16