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Frontier Arbitration Thwarts Temporary Hiring
CWA won an arbitration case against Frontier Telephone in Rochester, N.Y., that restores the recall rights of about 20 workers laid off in 2003 and then rehired as temporary employees in violation of CWA's contract. Six of those workers remain on the payroll. Said Local 1170 Vice President John Pusloskie, "The award could lead to hundreds of thousands of dollars in compensation for unpaid benefits."
CWA filed a grievance July 15, 2003, after 11 telecommunications specialists with recall rights were brought back as temporaries to replace regular employees out on disability. The union later filed a second grievance when several cable splicers were also rehired as temps. Both grievances were denied.
At the hearing, Pusloskie, who initially prepared the grievances, testified that the company violated the collective bargaining agreement when it hired temporary employees at a time that regular employees were on layoff with recall rights. Local 1170 President Linda McGrath testified that since 1976 no temporary employees had ever been hired in such circumstances. Tim Wallace, a cable splicer and member of the local who had not been laid off, testified that he had observed formerly permanent employees brought back as temporaries. Several of those employees have since been laid off a second time.
Arbitrator George Nicolau found for the union and ruled: "Those employees shall be made whole with respect to any contractual benefit to which they were entitled had they been recalled rather than hired as temporary replacements and their recall rights shall be extended as if they had been recalled and again laid off instead of being engaged as temporary employees."
Retaining jurisdiction in the case for an additional three months, he directed the parties to work out the details of compensation for loss of benefits and for possible violations of seniority recall rights of some workers.
After 144 layoffs in 2003, Local 1170 represents about 650 Frontier Tel workers in the Rochester area whose contract runs through Jan. 31, 2007. Pusloskie said the company is again hiring from the recall list.
"This award is very positive. It protects our members rights," he said, "and hopefully, the company now respects the contract and the rights the union has under it."
CWA filed a grievance July 15, 2003, after 11 telecommunications specialists with recall rights were brought back as temporaries to replace regular employees out on disability. The union later filed a second grievance when several cable splicers were also rehired as temps. Both grievances were denied.
At the hearing, Pusloskie, who initially prepared the grievances, testified that the company violated the collective bargaining agreement when it hired temporary employees at a time that regular employees were on layoff with recall rights. Local 1170 President Linda McGrath testified that since 1976 no temporary employees had ever been hired in such circumstances. Tim Wallace, a cable splicer and member of the local who had not been laid off, testified that he had observed formerly permanent employees brought back as temporaries. Several of those employees have since been laid off a second time.
Arbitrator George Nicolau found for the union and ruled: "Those employees shall be made whole with respect to any contractual benefit to which they were entitled had they been recalled rather than hired as temporary replacements and their recall rights shall be extended as if they had been recalled and again laid off instead of being engaged as temporary employees."
Retaining jurisdiction in the case for an additional three months, he directed the parties to work out the details of compensation for loss of benefits and for possible violations of seniority recall rights of some workers.
After 144 layoffs in 2003, Local 1170 represents about 650 Frontier Tel workers in the Rochester area whose contract runs through Jan. 31, 2007. Pusloskie said the company is again hiring from the recall list.
"This award is very positive. It protects our members rights," he said, "and hopefully, the company now respects the contract and the rights the union has under it."