Why I will not vote for COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN GOODMAN COMMUNICATIONS SERVICES, LLC AND COMMUNICATIONS WORKERS OF AMERICA
My ratification vote would be my agreement to end CWA’s founding Contract, version INSTALLATION CONTRACT CWA-25. I have defended this Contract as Local 4390 President for the last six years. CWA-25 is the 25th Contract version, ratified over a span of more than 80 years. Ours is a storied Union of Telecommunications Workers, employing quality craftsmanship from the time of mechanical step switches and cord boards to fiber optics, wireless, software switching through to nano-scale, diffusion-based molecular propagation communications.
Finnish-based Nokia goals to drive the cutting-edge communications research and products of the future, but strives to do so without proven, experienced telecommunications Installers, simply because they bargain wages and benefits collectively as a union.
After agreeing to accept and honor our collective bargaining agreement, Nokia has demonstrated they will take any and all actions to eradicate union representation in their company. I don’t trust Nokia to have the best interests of union workers in mind. Based on a lack of financial information or a business plan, I don’t trust the newly formed Goodman Communications’ ability to sustain a business for the duration of a three-year Contract. For these reasons and the specific reasons listed below, I will be voting against the ratification of the proposed, Draft Contract.
No other recorded union represented agreement has proposed such an egregious wage loss, surrendering close to one-third of bargained union wages. No gradual step reductions, but an immediate, irrevocable kick to the wallet. The proposed wage cuts are based on market wage averages research. Wage averages in teleconstruction are being driven down by contracted, gig-jobbing and overseas wages. If Goodman cannot afford union wages, how long can Goodman remain viable? How long will Nokia subsidize this agreement? I will not vote to lower my union-bargained wages to keep them in line with a third-world country wage.
NOKIA KEEPS CONTROL OF THE PENSION ACCOUNTS – GOODMAN HAS NO PENSIONS
The pension accounts serving our retirees have transferred since manufacturing was spun-off from AT&T to create Lucent Technologies, then purchased to form Alcatel-Lucent, then again, Nokia. I will not vote for a Contract that allows our retiree pension assets to remain with Nokia while my career is being bargained away to a smaller company, because Goodman does not have the experience and expertise to handle pensions. Bargained contributions to my pension cease on the day we leave the rolls of Nokia. Goodman offers only a 401k savings plan.
CONFIDENTIAL COMMERCIAL AGREEMENT BETWEEN NOKIA AND GOODMAN
Goodman has agreed to offer employment to 201 union represented employees, without background checks or drug testing, sight unseen. CWA National was allowed sight access to some parts of the confidential commercial agreement between Nokia and Goodman, but we do not know the full contents of the agreement and will be given no opportunity speak to a Goodman representative before accepting employment with the company. There is no way to verify a sound business plan to support the viability of long-term employment with Goodman or to determine why a new company would agree to employ 201 workers without background information.
REBALANCING – PERMANENT TRANSFER OR LAYOFF
If the Company determines that a permanent rebalancing of employees between Adjustment Areas is required, … An employee shall be given at least thirty (30) calendar days advance notice of a permanent rebalancing. If a subsequent rebalancing ensues the retained employee(s) are the first to be rebalanced unless the Company has a bona fide business need for retention. If the employee declines the permanent rebalancing, he/she will be laid-off in accordance with this Article. (Article 15, Par.15.04)
NO GUARANTEE OF A 40-HOUR WORK WEEK
In fairness to our union, CWA-25 does not guarantee a minimum 40-hours for a full-time employee. CWA-25 also does not contain language specifically allowing the Company to pay only 4-hours for a work day.
The Company may adjust the schedule of work hours and/or weekly work tour assignments as it deems necessary based upon changing conditions in operating its business. An employee’s work schedule can include Saturday and Sunday scheduled as part of a work week. (Article 9, par. 9.03)
The Company does commit if an employee begins work on a scheduled workday, and such circumstances do arise, the employee will be compensated a minimum of four (4) hours for that day.
If the forward-looking forecast of work is such that it is desirable and possible to do so, the Company will have the right to institute short-timing for employees in a particular Adjustment Area in an effort to avoid work force layoffs or rebalancing because of short term fluctuations of work. (Article 15, Par. 15.03)
Goodman will only agree to pay time and one half, as required by law. CWA National failed to agree that double-time was bargained not just as compensation, but as a governor designed to limit the number of work hours a company can expect out of a worker. Without an economic penalty of over-working an employee, a company is free to mismanage an employee’s efforts and pass the additional time and a half markup to the customer. Customers are not as keen on paying up scopes for double-time wages.
NO PROTECTION FROM CONTRACTING OUR WORK
The Company reserves the right to contract work to meet the needs of the business – NO LIMITS. We are agreeing to allow the Company to use temporary employees if the Company believes there is a need – NO LIMITS - NO TIME LIMITS. The Company will allow SUPERVISORS to perform bargaining unit work in an emergency (determined by the Company) – NO LIMITS.
NO PENALTIES IF THE COMPANY VIOLATES THE CONTRACT
The terms of the Contract are enforced only by the tenacity and diligent policing of volunteer union officers and representatives. If the union misses filing and follow-up timelines, the grievance is invalidated. There is no language penalizing the Company for missed deadlines or abuse and violations of the Contract terms. If the terms of the Contract are violated, the Company need only wait to exhaust the efforts of the Union Local walking the complaint through the grievance process, then if found in fault, is only required to make the complainant whole.
There is no language in the Contract protecting a complainant or the union representative from retaliation for filing a grievance.
VAGUE CONTRACT LANGUAGE FAVORS GOODMAN – MAKES CONTRACT INDEFENSIBLE
One of Articles of the Goodman Contract with the most precise language states, “The use of pronouns “he” or “she” and the suffixes “men” or “women” shall not be interpreted to refer to members of only one sex, but shall apply to members of any sex. This is a non-labor related item, but a social directive that has no bearing on preserving union work, union jobs or the safety of our members.
Nokia closed the Remote Integration Test Center (RITC) in Dublin, Ohio – claiming a core entrepreneurial decision to leave Installation by moving the work to a 3rd party installation model. CWA explained a cooling of defense against Nokia’s unilateral decision, citing a lack of direct language in CWA-25. Nokia closed the test center, shifted 106 union jobs to non-union contractors and employees overseas, without union negotiation. The defense of the union jobs that left Ohio and will be permanently eliminated if this Goodman Contract is ratified.
The Goodman Contract is peppered with Company-friendly, vague terminology such as, “reasonable amount of time, the employee has had insufficient rest, similar experience, skills and abilities, the Company will endeavor, abetting or threatening violence, whenever possible, due to issues beyond the control of the Company, as it (the Company) deems necessary, advanced notice may vary by supervisor, Company has made reasonable efforts to mitigate the unexpected circumstances, discretion of the Supervisor, Company and employee shall discuss when an employee can return for a weekend trip home, employees travelling together, in an effort to avoid work force layoffs or rebalancing, if the Company determines, a bona fide business need, Supervisors will not perform bargaining unit work except to maintain operations in emergency situations when there are no unit employees to perform the work needed, or when such is necessary for legitimate and immediate needs or for the instruction of personnel.”
If these phrases are left to the interpretations of an arbitrator, the arbitrator may cite no direct language required to rule in favor of the union.
NO QUARANTINE OR PANDEMIC WAGE PROTECTIONS
Contract only agrees to create a National Health and Safety Committee. The committee is only required to meet three (3) times a year. You can request not to work alone for reasons of safety but will be subject to a per diem reduction if on temporary transfer.
PTO DURING WORKER’S COMPENSATION LEAVE
“Employees may (will have to or not be paid) use PTO during the first week (five (5) working days) of absence from work due to a work-related injury, …” (Article 11, Par. 11.08)
Employee must be authorized to use personal vehicles for Company business. No language allowing the employee to refuse to carry tools or materials in their personal vehicle.
No language requiring employee to obtain or maintain a driver’s license while working under this Contract.
The employee is responsible advising his/her insurance company and maintaining insurance coverage of at least $50,000 bodily injury per person/$100,000 bodily injury per accident/$25,000 property damage liability per accident.
There is no offset compensation offered to the possible additional insurance costs once your insurance provider is made aware of your personal vehicle being used to perform commercial duties.
I am 61 years old and have 30 years of service. I am nearing the end of my 2nd term as President of CWA Local 4390. My list of reasons for determining my vote on ratification are personal to me and should not be misconstrued as an attempt to move others for or against when voting on the proposed Contract and Effects Agreement. I am publishing my interpretations strictly as an additional information perspective that may be of use to others to better understand the ramifications of their vote. – Arthur T. Plas, President, Ohio CWA Local 4390
