CWA Pay Arbitration

From cwa.net:
March 7 Arbitration settled!
March 11, 2008
CWA


The Company and the Union settled the arbitration set up to resolve the grievance involving the company's incorrect placement on the pay scale for members that transfer between the 10 year CAR and the 12 year CSA pay scale and the recalled furloughee's that came back into non-early out positions after being out at least 1 full year or more.

The Union was in Phoenix on March 6, 2008, preparing for the arbitration with our AFA-CWA attorney, when the company called and offered to settle this grievance. The Company's original offer was countered by the CWA and a few hours later, the company agreed to our counter offer. This settlement will benefit almost 100 agents. Here are the details;

The grievance was filed based on the language in the 2004 transformation plan. In the 2004 concessions, the Union agreed to a 12 year pay scale for the CSA/RES/CTO/Club reps and kept the 10 year scale for the CAR group. In the original 1999 agreement, Article 8, seniority, item C states; "Employees who transfer within the Passenger Service Organization will be placed on the same longevity step of the new pay scale.â€￾ – The Company was applying this incorrectly to CAR reps that had 11 or more years of pay seniority in the Passenger Service organization. If someone had 15 years as a CAR and transferred to the CSA rate, the Company was placing them on the 10 year step, when they should have been placed on the 12 year step. To settle this grievance, the company agreed to move CAR reps that transferred to CSA/RES/CTO or Club positions that have enough years in the class and craft to be at top of scale and will begin paying them $18.60 per hour as of March 10, 2008.

The second part of the grievance had to do with furloughed agents who were recalled to non-EO positions. The 2004 transformation plan term sheet states on page 177 of the CBA; “Employees returning or recalled from furlough to an NON Early Out vacancy (NEO) will have their pay seniority reduced by the number of full years spent on furlough.â€￾ The Company was placing agents, that had enough years, even with 1-3 full years of furlough, back down the pay scale to step 9 when they were recalled, even though they may have had many more years in the class and craft to place them above the 9 year step. To settle this grievance, the company agreed to move furloughed reps that have been recalled, that have enough years in the class and craft, even after subtracting each full year out on furlough, to the top of the pay scale and will begin paying them $18.60 per hour as of March 10, 2008.

This settlement was agreed to by the CWA bargaining reps; John Hanson, CWA local Pres. 1171, Vonda Hardy, CWA local Pres. 3640, and Barbara Tobin, CWA local Pres. 13301. Velvet Hawthorne, CWA staff rep and Ben Elliott, our AFA-CWA attorney, were also involved in reaching this settlement. The other CWA local Presidents were all in agreement as well. The CWA leadership felt this was the best outcome, since we never know what the arbitrator would rule, based on the contract language. There is not any back pay involved in this settlement, but this corrected pay date seniority application will be applied in the future when someone transfers from the CAR group to the CSA/RES/CTO or Club rep position and also when someone is recalled from furlough that has been out at least one full year or more that has enough years of pay seniority to place them at the 12 year pay step.

IMPORTANT; the following pay date seniority grievance has not been settled and the CWA is working to get this arbitrated or settled as soon as possible;This Union Grievance, filed at the Staff level and referenced above, is presented based on the continuing violation of the 2005 US Airways-Airline Customer Service Association – CWA and IBT Collective Bargaining agreement, Article 8, Seniority, the December 2, 2004 transformation plan Term sheet, and any other article that may apply.

The pay date seniority, applied to each Passenger Service Employee, after the lifting of the pay freeze, effective on the first pay period following April 1, 2006, was calculated incorrectly.

As remedy, the company shall reimburse the affected employees for lost wages and benefits. Such reimbursements will include, but not be limited to wages, premiums, 401-(k) contributions, with interest, and any other provisions of the CBA to make the affected employees whole in every way.

The company shall provide the Union with a list of the pay date seniority for each covered employee of the CWA-IBT Passenger Service Association
 

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