Results of System Board Hearing for April 17th 2013

This was a special meeting of the System Board that heard cases that did not involve disciplinary issues.

1. The Union filed a grievance against the company policy of only paying straight time when rounding off the half hour for employees who worked more than 40 hours. In CRW a worker worked 24 minutes and was paid at time and half for the 24 minutes but only at straight time for the final six minutes. It was discovered that this was the official company policy. The Board ruled that employees who work more than 40 hours in a week should be paid premium time for the whole half hour (worked time and non-worked time).

2. Workers at CLT who were capped out and believed they should have gotten the 25 cent increase of the cap on Jan 1 and not had to wait until their anniversary date. The Board decided that the language in the contract clearly stated that employees would get their raises on their anniversary dates not on January 1st.

3. An employee at CLT went from a supervisory position to an agent position. She was told that she would retain her supervisor salary. The company later rescinded and gave her less than they agreed to. Unfortunately this all happened in 2011 before the contract was in effect and the Board ruled that though the grievance might have merit nothing could be done because it was pre-contract.

4. Full time employees at EYW filed a grievance when they were switched from full time status to part time status and lost their benefits. They felt that there was not a significant reduction of flights to necessitate the switch. The Board was tied two to two and this case is pending a legal review before it is scheduled for arbitration.

5. Full time employee at DAY was switched from operations to ramp duty and bids were set up to have part time employees do the operations work even though the full time employee had more seniority. The Board split two to two on this case and it is pending a legal review before it is scheduled for arbitration.

6. Employee at PHF with 16 years seniority was being forced to go to GSC training and threatened with termination if he failed the training a second time. The Board ruled that the Station Manger could decide that agents had to go to GSC training but if the employee failed he should go back to his previous position as is stated in Article 9 – Section C and not threatened with termination.

 
[Four terminations overturned!]

 

1. Employee in PHX was terminated because a pilot alleged that the agent was rude. There was no proof of this and the termination was overturned and the employee received 45 days back pay.

 

2. Employee at DCA was a TSA agent and was terminated for no call no show. She did not show up for work after being told by TSA do not use her TSA badge to work for Piedmont. It was shown that she had never been badged for Piedmont. The termination was overturned and the employee received 35 days back pay..

 

3. Employee at CAK was terminated for incorrectly waiving a bag fee. It was shown at the hearing that the employee was terminated after consulting her supervisor did not receive all of the information for bag fee. The termination was over turned.

 

4. Employee at DCA was fired for using foul language. It was determined that the language was used in a phone conversation with grievant’s sister and the person making the complained was a friend of the grievant. The termination was over turned and employee received 30 days back pay

 

5. Employee at CAK was given a Level 1 for not charging a heavy bag fee during a very busy time of the day. The Board upheld the Level 1 corrective action in this case.

 In accordance with the collective bargaining agreement (Article 24 – Section Z), the Company and the Union have been meeting over the last 6 months to work out a new dependability policy that includes a “grace period” and a “system that recognizes different degrees of tardiness”.

We could not come to an agreement on all aspects of the new policy but the Company has decided to implement their new policy effective July 1.  The Union may grieve parts of the dependability policy that we feel are unfair.   If you click on the link you can read the memorandum that is going out to management through the system. If you have a question please feel free to send an e-mail to piedmontagent@cwa-union.org.  

There are some improved parts of the policy and some items that are a step back.

Positive aspects of program:

· For the first 4 minor tardies (10 minutes or less) you will only receive a ½ occurrence
· If you leave work sick at any time you will only receive a ½ occurrence (up to 4 and then 1 occurrence)
· A no call when you come to work will count for 4 occurrences and not put you at a level. Two no calls (but you come to work) will put you at a Level II
· A no call – no show will count for 6 occurrences (but not put you at a level). But two no call no shows will still result in termination.
· A grace event may be granted for employees on a Level III and the Level III repeated in lieu of termination

Negative aspects of new policy:

· Eleven dependability occurrences result in termination (down from 12)
· Multiple day absence will result in 1.5 occurrences
· Leaving work sick at any time during your shift will result in a ½ occurrence for first 4 events and then full occurrence after that
Dependability occurrences during a swap will result in swap suspension (union plans to grieve this part of the program)

 On Friday March 29th over 100 stewards from 40 stations met at the PHL Airport Marriott Hotel. The stewards heard a presentation from Eric Morgan on the Piedmont business plan for the coming year and a talk by Michelle Foose describing the presentation she makes to Piedmont managers on how to respect the contract. The Chief of Staff from CWA, Ron Collins, who is in charge of the airline passenger group at CWA also spoke as did Abdur Bilal and Kenny Hudson, the two Local Presidents, and myself. Each Local union then had its own separte Local meeting with its stewards. It was good seeing all the stewards in one place..

cwafiles.org/PiedmontAgent/Piedmont_Station_Pay_Scales_2013-2016.pdf  for 2013 through 2016

 There were seven (7) cases scheduled for the System Board.

· Two people (DCA and PHL) did not come to the hearing and made no attempt to tell the union or the company why they were not attending. The Board upheld their terminations.

· An agent from DCA had been terminated for alleging not closing the panel on the door. When the video was reviewed it was determined that the evidence was inconclusive and his termination was over turned and he was awarded one month’s back pay.

· An agent from PHX had been terminated for sexual harassment. There were numerous statements from fellow workers collaborating the charges and his termination was upheld.

· An agent from PHL was given a Level 3 for reporting back late from lunch. She produced evidence that she was indeed working at the time and the corrective action was over turned.

· Two employees (one from DCA and one from PHL) were terminated for dependability issues. In one case it was clear to the Board that the employee was not really making an attempt to keep his job and the termination was upheld. In the other case the person had substantial documentation with medical documentation that the person was legitimately out for medical reasons. The Board split 2

 Memo sent to station managers regarding change in policy on travel time and shift swap suspensions

From: "Holmes, Harold" <harold.holmes@usairways.com>
Date: April 3, 2013, 8:47:38 AM EDT

Subject: Important Policy Changes which are Effective Immediately

Two Important changes to the Customer Service Policy which are to go into effect immediately:

Section 6 of the Piedmont Customer Service Policy and Procedure Handbook – Training

Compensation for training will be modified to include the additional section for Travel for Training.

It will include the following:

Compensation While in Training: Hourly employees attending out of base training will be compensated at their normal straight time rate for the number of training hours scheduled for that particular training session. The following are not considered time for which the employee would be compensated: off duty time, ground transit times to/from the training location/hotel/airport and time in the hotel. Travel time will be considered as compensated time and calculated as follows: Scheduled flying time, on the manager approved route plus one hour each way. The one hour added on includes 45 minutes for check in and 15 minutes for baggage claim. Hours over 40 per week will be compensated at an overtime rate.

Long Lay Over time: If scheduled wait time for returning flight exceeds two hours from the end of training, the Company will pay ½ hour for every scheduled hour that exceeds two in wait time.

Please see Section 22 for meal per diem reimbursement.

Section 13 of the Piedmont Customer Service Policy and Procedure Handbook – Shift Swap

Additional changes will be made to the Shift Swap Policy based on a person calling out sick when a swap is posted yet not taken:

If a person calls out after a swap has been posted, the company will no longer suspend swap privileges. The occurrence will be handled utilizing Section 5, Dependability.

Appropriate changes will also be made to the Customer Service Management Manual, consistent with the changes above.

These policy changes are immediate and should be exercised starting now. The revisions to the Manuals will be forthcoming in the near future. Please inform all leadership members of your team to implement these changes now to avoid any confusion or conflicts that may be encountered if not properly executed.

Thank you

Harold Holmes
Manager, Customer
Service Administration
US Airways Express – Piedmont Airlines
717-948-5513
717-948-5548 FAX

7 cases – 4 disciplines over turned and 3 upheld

1) There were three terminations at CLT that involved the alleged selling of buddy passes. There was no evidence on two of the cases and the terminations were over turned. There was some evidence on the third case and that termination was upheld.

2) A termination at OAJ was overturned when the Board decided that an employee who was fired for taking money for baggage fees, was incorrectly inputting baggage waiver fee information and should have been adequately trained, the mistakes were not his fault.

3) The termination of two other employees was upheld. One at PHL had clearly violated the company dependability policy and the other employee at SYR had repeatedly not performed the duties of his job.

4) An employee at MHT involved in an altercation had his discipline reduced from Level III to Level II because his discipline had been harsher than the others involved.

 1. Will Piedmont be merged with American Eagle

a. The merger won't necessarily mean that American Eagle (their regional carrier) and Piedmont will merge. The new combined AA-USAirways may decide to continue to have two subsidiaries. (USAirways currently has more than one subsidiary) If they decide to merge American Eagle and Piedmont it will probably be a couple of years away.

2. What will happen with the union and the contract.

a. American Eagle is currently represented by a union (TWU) so there definitely will be a union for the combined group. The two unions will probably work out a way for joint representation. There will be negotiations over combined seniority and combining the union contracts but until those negotiations are complete the current contract, benefits and seniority will stay in place

3. Will the new merged company decide to get rid of Piedmont.

a. I can't imagine that it would be practical for them to replace the 5500 people who work for Piedmont with another company. Why would they do that? Piedmont delivers a quality service at (unfortunately) very little cost.

b. It's just as likely (especially if USAirways management gets control as looks to be likely ) that Piedmont will expand to a lot of other stations. Unfortunately we're facing the issue of Piedmont losing work all the time whether it is USAirways or a combined carrier. Even now USAirways is reveiwing proposals from other companies for the work at 10 stations to see if they want to switch from Piedmont to another company. Unfortuantely USAirways sees Piedmont (its own subsidary!!) as just another sub-contractor for its work. The regional airline business is a cut throat operation. It is hard for us to make sure that we keep wages and benefits at as high a level as possible but yet make sure that Piedmont is competitive enough to keep the work and not have another carrier get the work.

 
1) First case was an appeal of a termination from PHL who reported on time but realized that she had misplaced her badge. She talked to the supervisor and he told her to go back to get her badge. When she reported back to work they called it a no call/no show and she was terminated. The termination was overturned and she was given full back pay for lost wages.

2) Second case was an appeal of a termination from PHL who was on a Level III. The company bus was in an accident and the employee was late as a result. The employee was terminated as a result of the tardy. The Board split two to two and the case will be processed for arbitration.

 System Board Results - 4 cases:

1) Employee from FLO who had been terminated because he was alleged to have stolen a lap top was given his job back when the Board determined that he had just placed it aside and had no intent of stealing it;

2) 2&3) An employee in PHX was given a Step 1 and a Level 3 (with loss of pay) The Level 1 was the result of an incident ‘which might have caused damage’. The Level 1 was maintained because of the seriousness of possible aircraft damage. The Level 3 was a result of an FAA investigation in which required information was not at the agent’s podium. It was determined that it was not the agent’s responsibility to have the information at her podium and the Level 3 was removed and she was awarded back pay.

3) 4) An employee at DCA had been removed from the station’s ‘flex program’ last year because of missing an iLearning segment. It’s a year later and he wanted to get back in the program. The Board said he could get back in the program the next time there was an opening in the flex program.

 Local 13345 Officers:

Kenny Hudson, President

Mike Tillery, Vice-President

Ahsaki Lockett , Secretary Treasurer

Keith Richardson, Area Representative

Steve Morgan, Area Representative

Michael Corrigan, Area Representative

Adnrew Hackman, At Large Representative

Carol Taylor, At Large Representative

Kevin Taylor, At Large Representative

Charles Coleman, At Large Representative (not in picture)

 Election Results for CWA Local 13345

President
Kenny Hudson 75
Dennis Dougherty 59
Nick Storti 12

Vice-President
Micheal Tillery 82
Eliza Morrison 68

Secretary-Treasurer
Ahsaki Lockett 93
Karimah Randolph 53

 

 Election Results for Local 3645

Secretary-Treasurer
Anthony Barden (CLT) 81
Sharon Blackmon (CLT) 21

At-Large Representative (top 4 were elected)
Aime Sapu (CLT) 87
Nate Fowler (CLT) 66
Jacqueline King (HSV) 66
Celeste Lawson (PHX) 59
Karen Rogers (CLT) 56

Local 3645 Elected officers

President: Abdur Bilal
Vice-President: Rodney White
Secretary-Treasurer: Anthony Barden
At-Large Representatives: Nate Fowler
Aime Sapu
Jacqueline King
Celeste Lawson
Area Rep - District 3: Barbara McKinney
Area Rep - District 6: [vacant]
Area Rep - District 7: Carolyn Domond
Area Rep - District 9: [vacant]

Full Tentative Agreement

CWA Members get over 40 members-only discounts and services including discounts at AT&T Wireless (15%), Credit Counseling, discounts at 50 theme parks, free legal advice and a union credit card.  Check out the complete list of benefits for CWA members.  Now is the time to join.  Fill out a card, give it to a steward or send it to CWA, 17000 Science Drive,  Bowie, MD 20715. 

1. Compensation
 

a. 2012: 6-8% Lump Sum Payments – Effective within 30 days of the ratification of the contract
i. All employees will receive at least a 6% lump sum bonus
ii. Employees who received 5% or 5.5% increase (or bonus) in 2011 will receive 7% bonus
iii. Employees who received a 6% increase (or bonus) in 2011 will receive an 8% bonus
iv. Bonus will based on hours work in 2011
v. No employee will receive less than $400
 

b. 2013-2016: Guaranteed 4% raise for all employees plus up to 2% lump sum payments based on hours worked in previous year: 1% based on completion of iLearning [80% of agents complete this] and 1% based on dependability
 

c. Longevity pay: starting in 2014 - $500 each year for employees with 5 years of service who achieve a 6% evaluation
 

d. People who are currently at the maximum:
i. 25 cents each year for ‘legacy’ stations
ii. 50 cents in 2013, 2014, 2016 in ‘growth’ stations
iii. Capped out employees will receive their pay raise plus a 4% bonus
 

2. Part-time Employees
a. 4 hour holiday pay whether you work or not on the holiday
b. Bereavement pay for part time employees with 2 years of service
 

3. Overtime
 

a. Time and a half pay for part time employees when the shift is extended beyond 2 hours (even if you haven’t worked 40 hours)
b. Employees are paid for every full half hour even if they are only work a fraction of that time (2 minutes = 30 minutes pay; 45 minutes = 1 hour pay)
c. 4 hour minimum when called to work on a day you’re not scheduled to work

4. Split shifts: 1 hour of pay for any shift that includes an unpaid break of at least 2 hours
 

5. Grievance procedure – all discipline and other concerns can be appealed.
 

6. Binding arbitration
 

a. All discipline can be appealed to a neutral arbitrator (no more Fair Treatment Board
 

7. Protection in case of a merger or takeover
 

a. Successorship language: union is recognized until companies are successfully merged;
b. Union contract is maintained
c. Seniority and other provisions have to be negotiated with union before there are changes
 

8. Swaps
 

a. Commitment to unlimited swaps
b. Agreement on three-way (and multiple) swaps and partial swaps
 

9. Personal Leave:
 

a. 2nd Personal Day for full time employees with two years’ service
b. Requests have to be made within 48 hours (reduced from 14 days)
c. Requests won’t be unreasonably denied which is new language.
 

10. Vacation:
 

a. 3rd week of vacation after 7 years (down from 8 years)
b. Management will give preference to senior employees in selecting slots for prime vacation period before they take the slots
 

11. Bereavement Leave: Added legal guardian, ward, and domestic partner.
 

12. Seniority: Will govern in cases of bidding work schedules, vacation preference, furlough and recall
 

13. Furlough and recall – In cases of a station shut-down, an employee with 2 years of service may bump a junior employee at any station.
 

14. Parental Day: An employee will get one day of paid leave for the birth or adoption of a child.
 

15. Discipline:

a. Commitment to revise guidelines for:
i. Grace period that can be used to erase some minor tardies
ii. Minor tardies should have less weight than major tardies in corrective action
 

b. Removal of ‘failure to follow procedures’ from Corrective Action Form
 

c. Employees whose flight benefits or swap privileges are suspended as a result of failing required training will have them restored on completion of training.
 

d. Company will administer dependability and other disciplinary matters on different tracks.
 

e. Disciplinary letters will become inactive after 12 months.
 

16. Health Insurance for full-time employees
 

a. Increases limited to 1% a year and those increases start in 2015
 

17. Break Period and Lunch:
 

a. Employees will be guaranteed a break if there is no down time during a shift.
b. Company will make a reasonable attempt to provide an uninterrupted meal period between the 3rd and 6th hours.
 

18. Safety and health: Employees will not be required to work in unsafe or unsanitary areas or under unsafe or unsanitary conditions
 

19. Sick leave:
 

a. Employees can use leave by the hour if they have to go home early
b. Increase of sick leave cap from 240 hours to 300 hours.
 

20. Alcohol and drug policy: Company cannot make changes in current policy without negotiating with the union
 

21. Unpaid Medical Leave: Employee will accrue longevity for purposes of pay and benefits for 90 days.
 

22. Probationary Period: Reduced from 180 to 90 days with the ability of Company to extend for another 90 days
 

23. Jury Duty/Court Appearance: Employees who are required to appear in court for non-work issues may ask for leave without pay and it will not be unreasonably denied.
 

24. Non discrimination clause: Company can’t discriminate
 

25. Employees who are sick the day before or after a holiday you get paid if they bring in a doctor’s note
 

26. Severe weather situation: An employee may use a vacation or personal day in a severe weather situation and will not receive an occurrence

27. Union Rights:
 

a. Union will be given 1 hour to address new hires during scheduled orientation sessions.
b. Union will get a bulletin board of adequate size.
c. Union representative will be able to come onto property to visit employees
d. Employees will be entitled to union representation in all disciplinary meetings and investigatory meetings that might lead to disciplinary action.

29. Gate agents will be able leave their work area with permission of their supervisor.
 

30. Union shop at all stations.
 

31. Duration: form date of ratification until 12/31/16.

a. Early negotiations start 6/30/16

 

Click on the subject line to find a steward at your station

Family & Medical Leave Fact Sheet

Everyone should know that an approved family or medical leave Absence does not count as a dependability event and cannot be counted against you for evaluation purposes.

You are eligible for FMLA if:
(i) You have been employed by Piedmont for at least twelve months;
(ii) You’ve worked at least 1,250 hours during the previous twelve-months
(iii) You are based at a location that employs more than fifty (50) Piedmont employees within a seventy-five (75) mile radius.

 

[for more information - click the title]

We now have a facebook group just for Piedmont Agents. You can  comment about what is going on at your station and how negotiations are going by joining the new facebook group.: