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CWA Wins Major Overtime Settlement at SBC

Several CWA local presidents in California have been distributing checks from SBC Communications, part of the $1,052,579 proceeds of a wage settlement ordered by an arbitrator on behalf of 267 members.

"This landmark decision would not have been possible without the hard work and perseverance of all involved - locals and international staff - as well as the skill of our District 9 counsel, Judy Belsito," said District 9 Vice President Tony Bixler. "Most importantly, this settlement shows what can be achieved when we work together and confront employers who harm our members."

An earlier round of grievances had produced a settlement agreement that allowed Pacific Bell/SBC to give wage incentives to new hires under "tight labor market" conditions as long as workers already on the job received raises to match. The agreement also called for retroactive pay for workers already on the job, from the time the new hires arrived to the date of the settlement.

The new grievance that produced the million-dollar award resulted from SBC's refusal to include overtime pay in the retro-active payments to the affected employees.

Several locals including 9423, 9400, 9410 and 9430 put together the grievance, retired Area Director Vira Milirides testified as to the particulars of the original settlement agreement and Belsito represented the union before arbitrator Thomas Angelo. The arbitrator determined that, "the term 'wages earned' in the settlement agreement must be construed to include overtime earnings in calculating retroactive pay."

"Who in their right mind would think that pay for overtime was not part of wages?" said Louie Rocha, president of Local 9423 in San Jose. He called the decision "justice served. The company violated the contract and backpedaled and was found by the arbitrator to have violated it twice."

About 100 members of Local 9423 will benefit from the disbursements, which range from $2.67 to $12,521, and average about $3,780.

Ellie Benner, president of Local 9430 in Foster City, has about 30 members who will benefit. She rejoiced with local Steward Steve Matos, who received close to $12,000. "He's just gotten married and this is really going to help him," she said.