EXHIBIT 10.32
COLLECTIVE BARGAINING AGREEMENT
BETWEEN THE
PUERTO RICO TELEPHONE
AND THE
INDEPENDENT BROTHERHOOD OF
TELEPHONE COMPANY EMPLOYEES
EFFECTIVENESS:
FROM JANUARY 1ST., 2004
UNTIL DECEMBER 31, 2008
EFFECTIVENESS:
FROM JANUARY 1ST., 2004
UNTIL DECEMBER 31, 2008
ARTICLE 1
RECOGNITION OF THE BROTHERHOOD
SECTION 1
The Company recognizes the Brotherhood as the exclusive representative for all the employees included in the Bargaining Unit, as defined in Article 2 of this Collective Bargaining Agreement for the purposes of negotiation and collective bargaining in everything relating to salaries, work conditions, job tenure, complaints, grievances and all those conditions and provisions that affect the employees covered by this Agreement.
ARTICLE 2
BARGAINING UNIT
SECTION 1
The Bargaining Unit covered by this Agreement is the one certified by the Puerto Rico Labor Relations Board, in case P-91-5 D-93-1224 E dated February 10, 1995 and any other position which has been included by the Local Board since this said date.
SECTION 2
The Company in a flexible or digital computer disk in Excel format will send the Brotherhood on or around thirty days after the effective date of this Agreement, a list of all the positions (by levels) that are included in this appropriate unit. This list will include the names of the Brotherhood members by employee number, sex, positions, social security number, hiring date, birthdates, postal address and actual salaries. The Company on a monthly basis will provide the information mentioned above for those employees that have undergone changes.
ARTICLE 3
RIGHTS OF THE MANAGEMENT
SECTION 1
The Brotherhood recognizes that the administration of the Collective Bargaining Agreement and the direction of the labor force are the exclusive prerogative of the Company. Therefore, the Company retains and shall maintain the exclusive control of all the matters relating to the operation, handling and administration of its business, including, but without having it being construed as a limitation, the administration and handling of its departments and operations, the work organization and methods, the processes, methods and procedures for the rendering of the service, the determination of the equipment, parts and service to be purchased, the assignment of work hours, the direction of the personnel, the right to employ, classify, re-classify, transfer and discipline employees and all the functions inherent to the administration and/or handling of the business except those expressly limited by the terms in this Agreement.
SECTION 2
If any employee understands that he/she has been treated in a discriminatory, arbitrary or unfair fashion in accordance to the terms of this contract or any provision of this contract has been violated due to any action taken by the Company by virtue of the previous Section, such allegation shall be submitted by the Brotherhood or by the employee to the Grievance Procedure established in this Agreement.
ARTICLE 4
UNION SHOP
SECTION 1
All employees who are covered by this Agreement who at the date of the signing of the same are a member of the Brotherhood, are obligated as a condition of employment to continue on as members of the Brotherhood and in the event of new personnel, the latter will be obligated as a condition of employment to join the Brotherhood within the thirty (30) days following beginning to work for the Company and in both cases to pay dues to the Brotherhood during the effectiveness of this Agreement.
SECTION 2
The Company, at the written requirement of the Brotherhood, will fire or suspend from his/her job any employee who is not affiliated or stops being affiliated as a bona-fide member of the Brotherhood. Said written requirement must be notified to the Company by certified mail and with a copy to the affected employee by certified mail.
SECTION 3
The Company will put a copy of this clause in visible places in existing departments in the Island of Puerto Rico, for knowledge of the personnel.
SECTION 4
In the event that a competent entity determines that the separation to which Section 2 of this Article refers was unjustified or illegal, the Brotherhood shall be the only one responsible for all the damages caused by said dismissal, and the Brotherhood will safeguard the Company and reimburse it for any expense or outlay in which the Company may incur as a result of said dismissal.
SECTION 5
The Company and the Brotherhood agree that the Brotherhood shall have the opportunity to meet during thirty (30) minutes with the recently hired employees, as part of the general orientation process, for the purpose of providing them information about the Brotherhood and the Collective Bargaining Agreement. The time invested during the work shift of each employee given orientation shall be paid as time worked. This orientation shall be carried out during the fifteen (15) days following the start of the union member employee or from the time that the Company notifies the start, whichever occurs first. Said notification should be sent to the HIETEL with two (2) days of advance notice prior to the orientation date.
ARTICLE 5
DUES CHECK-OFF
SECTION 1
During the effectiveness of this Collective Bargaining Agreement, the Company commits itself to automatically deduct from the salary received by all the employees covered by the definition of the Bargaining Unit, the sum of the initiation dues, the regular dues and any uniform special dues which the Union establishes for its members after receiving the written authorization on the part of the employee. The authorization for the regular dues shall be for a minimum term of one (1) year and shall be extended year after year, while the employee occupies a position within the Bargaining Unit. This authorization shall be irrevocable for a period of one (1) year from the date of the authorization. The Brotherhood shall notify the
Company in writing with regard to the dues to be checked off from the employees covered by this Agreement. The Brotherhood shall comply with all the applicable procedures and laws prior to the establishment of said dues and the sum of said deductions shall be deposited by the Company, by means of a direct deposit to the HIETEL's bank account.
SECTION 2
a) The Company shall hand over to the Treasurer of the Brotherhood or the Officer designated by him, after rendering the bond required by law, the document evidencing the deposit of the amount of the corresponding dues during the ten (10) calendar days after the payment of every two (2) weeks has been made except when there are extraordinary circumstances intervening in which case the term shall not exceed ten (10) additional days. The Company shall send the Brotherhood in a digital computer disk in Excel format a summary every two (2) weeks with the names of the employees who have had said deductions made, in addition, containing the individual sum and the total of the same. The Company will check off the initiation dues in the amount and installments certified by the Brotherhood for all employees joining the Brotherhood, after receiving the written authorization from the employee.
b) The Company shall not forward dues until the Brotherhood has shown it that the Treasurer or the designated Officer have rendered the bond required by law.
c) In all cases of suspension or dismissal in which an Arbitrator, court or administrative entity has determined that the suspension of the employee or the dismissal of the employee was not justified and has ordered the reinstatement of the employee with all the total or partial salaries that it did not receive in cases of dismissal or has ordered the total or partial payment of the salaries not received during the suspension, the Company must deduct from said payment the total of the Union dues not paid by the employee during the time that the employee was dismissed or suspended, as the case may be, and forward its sum to the Brotherhood in conformity to this article.
d) The parties agree that in those cases of suspension or dismissals that were settled and as part of the agreement the total or partial payment of salaries not received by the employee have been agreed upon, the Company must also deduct from said pay the total of the Brotherhood dues not paid by the employee during the time that the employee was dismissed or suspended and to forward its sum to the Brotherhood in the terms stated above.
e) With regard to the deduction of dues to which reference is made in paragraphs c) and d) of this section, it shall be the obligation of the Brotherhood to notify the Company on a timely basis about the total sum of dues that the employee is to have checked off.
SECTION 3
In the event that any competent entity determines that any dues have been illegally set or deducted, the Brotherhood shall release the Company from all liability and shall indemnify and pay directly any reimbursement ordered by said entity.
SECTION 4
During the effective period of this Collective Bargaining Agreement, the Company shall send the Brotherhood, on a monthly basis, a report regarding the employees who are enjoying any of the leaves established in this Collective Bargaining Agreement, which duration shall be of thirty (30) calendar days or more, with said report having to state the name of the employee and his number, the position occupied by him, the department, the work center, the leave which he is enjoying and up to where it is possible, the duration of the leave stating the possible return date.
SECTION 5
During the effective period of this Agreement, the Company must check off the Union dues in all those cases in which an employee from the bargaining unit is enjoying the benefits of any of the leaves with pay acknowledged in the Agreement, except under the Prolonged Illness Leave, (Act 139), and forward its sum on the basis of the terms stated above, it being provided that in those cases under Act 139 (SINOT), the Company, once the employee has returned to his job, must withhold the Union dues that were not paid by the employee during said leave and forward their sum to the Union in the terms stated in this article. The total of said check offs must be made during the first three pay periods.
ARTICLE 6
COOPERATION ON THE PART OF THE BROTHERHOOD
SECTION 1
The Brotherhood, as well as its members, agree to promote, at all times and as fully as possible good service and efficient operation. The Brotherhood and its members also agree with the Company to produce maximum production during each daily workday.
ARTICLE 7
RESPECT AND CONSIDERATION
SECTION 1
The Company and its functionaries obligate themselves to give to the employees and the Brotherhood the best treatment, respect and consideration possible for the purpose of maintaining the best relations between the employees, the Brotherhood and the Company.
SECTION 2
The Brotherhood and the employees from the Bargaining Unit obligate themselves to observe toward the Company and its functionaries the best treatment, respect and consideration possible for the purpose of maintaining the best relations between the employees, the Brotherhood and the Company.
ARTICLE 8
PRODUCTIVITY
SECTION 1
The Brotherhood and the Company acknowledge that the productivity must be increased to confront competition in the telecommunications service.
To that effect, the Brotherhood agrees that the employees belonging to the Brotherhood shall commit themselves to render the maximum of their productivity, attendance, timeliness, efficiency and effectiveness, with order and discipline. All of it in accordance to Article 6, Cooperation on the part of the Brotherhood.
ARTICLE 9
DELEGATES OF THE BROTHERHOOD
SECTION 1
The delegates shall represent the Brotherhood in the process of administrating the Collective Bargaining Agreement before the Company.
The Delegates shall provide orientation to the employees covered by this Collective Bargaining Agreement with regard to their responsibilities and rights; in like manner they will watch out and have the faculty of helping their co-workers when these have a complaint or grievance or when their presence is required by any boss or supervisor.
SECTION 2
The delegates from the Brotherhood shall be limited to dealing with the grievances and matters relating to the application of the Collective Bargaining Agreement in their work area.
SECTION 3
No Delegate may intervene in another department or area which is not the one to which he/she has been designated, with the exception of those work areas or departments where there has been no Delegate appointed, in which case the Delegate from another department nearby may act as the appointed Delegate in that other operational unit or department, as long as he/she has been previously authorized in writing by the President of the Brotherhood or his/her authorized representative.
The Brotherhood shall be entitled to appoint sub-delegates or substitute delegates which shall act only in the absence of the official Delegate.
SECTION 4
The Delegate shall utilize the time in an adequate fashion for the quickest solution of the grievances. When it is necessary for a Delegate from the Brotherhood to deal with a grievance or related matter, he/she must:
a. Notify his/her immediate supervisor with reasonable time to forego
his/her regular work and deal with the grievance or related matter.
b. The delegates shall receive pay up to a maximum of one and a half (1
1/2) hour for each grievance.
c. Returning to his/her work upon finishing dealing with the matter if
his/her work schedule has not ended.
d. The meetings between the Delegate and the employee which require
his/her services in accordance with this Agreement work shall be
carried out in the area immediately next to the employee's work
area.
e. When it is necessary for a Delegate to hold a private conversation
with an employee during time with or without pay for the Company to
process a grievance or to deal with a matter relating to the
application of the Collective Bargaining Agreement in accordance to
the Grievance Procedure, he must obtain express authorization from
the Supervisor.
SECTION 5
The Company, on its part, may take the actions and measures that it deems necessary and relevant in such manner that faithful compliance be given to the provisions of this Article, including the time requested by a delegate be utilized exclusively for the purpose stated above.
The Brotherhood commits itself to comply with and promote the faithful compliance of this Article in such manner that the time requested by the Delegate is utilized exclusively for the aforementioned purpose.
SECTION 6
When the Company expands its services creating additional units and increases the personnel substantially in the additional services, the parties, after a previous agreement, will convene the appointment of the corresponding delegates.
SECTION 7
The Delegate shall represent the employees covered by this Collective Bargaining Agreement when the employee so requires it in the different stages of the Grievance Procedure, with the President of the Brotherhood or the person on whom he/she delegates in writing being able to participate in said representation.
SECTION 8
The Company will not acknowledge any Delegate until the President of the Brotherhood has informed the Director of the Department of Labor and Employee Affairs in writing and the Delegate has received his appointment.
The delegates shall have to be regular employees of the Company.
SECTION 9
The parties shall reach an agreement as to the time, number and place where the delegates will act. It being provided that there will not be more than one Delegate and one Sub-delegate carrying out functions for each of the Company's operational units.
SECTION 10
The Area Delegate appointed by the President of the Brotherhood shall be recognized by the Company and these will receive the same treatment, respect and courtesy that must be given to the Officers of the Brotherhood. The Company will not recognize any Area Delegate until the President of the Brotherhood has informed the Director of Labor and Employee Affairs in writing and he/she has received his/her designation.
The Area Delegate shall be appointed to represent and replace the Officers of the Brotherhood and when they visit the shop or specific areas for which they have been appointed, they shall have all the prerogatives that the Officers of the Brotherhood have. The Area Delegate must comply with what is provided in Section 4 of this Article.
ARTICLE 10
VISITS FROM OFFICERS OF THE BROTHERHOOD
SECTION 1
The President of the Brotherhood or the members of the Executive Committee shall have access to the Company premises during working hours for the purpose of resolving grievances, investigating work conditions and verifying compliance with this Collective Bargaining Agreement. The members of the Elections Committee during periods of internal elections of the Brotherhood shall have access to the
Company premises for the sole purpose of administrating and coordinating said elections. Prior notice shall be given in writing, of no less than 24 hours, to the Director of the Department of Labor and Employee Affairs in both situations.
SECTION 2
Upon the arrival of the President or a member of the Executive Committee or a member of the Elections Committee, he/she shall identify himself/herself and inform the purpose of his/her visit and shall go in person before the officer of the Company that he/she is going to visit or the representative designated by him/her.
SECTION 3
The President of the Brotherhood may appoint representatives to carry out any of the functions of said Committee. The Company will not recognize the representatives appointed as such until the President of the Brotherhood has notified the Director or the Department of Labor and Employee Affairs in writing about their designation as such, including a description of the matters that said representatives shall be authorized to handle in the name of the Brotherhood. Not more than one Representative shall be appointed to deal with one single matter.
The representatives appointed by the President of the Brotherhood shall be recognized by the Company and shall receive the same treatment, respect and courtesy that must be rendered to the officers of the Brotherhood, it being provided that these representatives shall have access to the Company premises for the purpose of dealing with the matters authorized to be dealt with in the name of the Brotherhood. Upon the arrival of these representatives, they shall identify themselves and inform the purpose of their visit and they shall appear in person before the Officer of the Company that they are going to visit or the representative designated by him/her.
SECTION 4
The visits of the President, Officer or Representative of the Brotherhood shall not interrupt the operations of the Company and the work of the employees.
ARTICLE 11
PERSONNEL ACTIVITIES
SECTION 1
The Company and the Brotherhood agree that no union propaganda or activity of any nature whatsoever shall be allowed by employees or representatives of the Brotherhood will not allow any during their working hours within or outside the Company's premises, except those expressly contained in the Collective Bargaining Agreement.
SECTION 2
No union propaganda or activity of any nature whatsoever shall be allowed within the Company's premises on the part of the employees, delegates and officers of the Brotherhood during their free time, if by doing so they are occasioning any one or more of the following conditions:
a. Interrupts or distracts the work of the personnel that is working.
b. Constitutes a disturbance or harm to the Company.
c. Occasions a state of disorder or violence.
SECTION 3
The Company and the Brotherhood agree that the working hours are for each employee to devote them to his/her work for the Company and therefore, it is not permissible to allow working time to matters which are foreign to work such as, for example: discussions about sports, politics, religion, sales, and personal activities, etc. Neither are such activities permissible during the free time of the employee but within the Company's premises if it occasions any one or more of the conditions in clauses a, b and c of the preceding Section.
SECTION 4
No employee shall have access to the buildings or premises of the Company without prior express authorization from the Supervisor of the site or the Company's Security Department, except for the regular work place and during his/her regular work schedule. In the event of receiving such authorization, the employee will be accompanied at all times by said Supervisor or by the person appointed by him/her unless the Supervisor or the person appointed by him/her determines, in his/her discretion, that it is not necessary to accompany him/her and he/she so informs it in writing to the visiting employee. Under no circumstance will the employee be allowed to enter onto Company property if there is no Supervisor, or the person appointed by him/her available to accompany the employee.
ARTICLE 12
PUBLICATION, ADJUDICATION OF POSITIONS
AND APPOINTMENTS
SECTION 1
The Company will publish at all the work centers the newly created positions, the vacant ones or ones which could be left vacant in the near future corresponding to the Bargaining Unit that is going to be covered, specifically the requirements for the same. The Company will send the Brotherhood a copy of said publication. Upon the cancellation of a published position, the Brotherhood shall be notified about said cancellation and the reasons for its cancellation.
SECTION 2
All regular employees who meet the requirements for a published position may apply for the same by submitting the corresponding petition in the form supplied by the Company within the term established in the publication to the Recruiting Department, with return receipt requested.
SECTION 3
The Company will only consider those employees who after corroboration meet the requirements, who have filed the petitions within the period established in the publication and who can fulfill the functions of the position immediately upon having it adjudicated to them or if they are enjoying their vacation leave, upon the conclusion of the same or if they are receiving benefits from the State Insurance Fund or using sick leave, within the thirty (30) days of having it adjudicated to them.
SECTION 4
All vacant positions or those of new creation shall be adjudicated to the more senior employee who qualify within the following order of priority except in the case of promotion or transfer from one classification to another where seniority shall not be the determinant criteria for the adjudication of the position pursuant to what is provided in Section 6 of this Article.
a. Employees who will be affected by personnel reductions.
b. Employees who may have suffered an occupational illness or accident that prevents them from performing the functions that they used to perform in their positions prior to said illness or accident. This priority shall not have the scope of postponing the time term provided by law within which an employee reserves his/her job tenure from the term of the occupational accident or illness onwards.
c. Employees who may have suffered non-occupational illness or accident that prevents them from performing the functions that they used to carry out in their positions prior to said illness or accident. This priority shall not have the scope of postponing the time term provided by law within which an employee reserves his/her job tenure from the term of the unknown occupational accident or illness onwards.
d. Employees who request transfer to the same occupational classification.
e. Employees who have requested promotions. For the purposes of this Agreement, promotion shall be understood to mean the movement of one employee from one position to another position which has a superior salary level and those changes from a position for which the maximum level of the series is inferior to the maximum level of the new position.
f. Employees who have requested transfer from one classification to another. No employee may request a transfer from one classification to another until after fifteen (15) months have elapsed in one position and he/she must remain in said position a minimum of fifteen (15) months after said movement. In addition, upon being granted this transfer, the employee in his/her new position, must approve a three (3) month probationary period.
g. Employees who have requested demotions. No employee may request a demotion until after having been for fifteen (15) months in one position and he/she must remain in said position a minimum of fifteen (15) months after said demotion.
h. Ex-employees which the Company may have laid-off within the twelve (12) months before due to the scarcity or reduction of work.
SECTION 5
The vacancies which arise due to the adjudication of the positions as a result of the priorities mentioned in the previous Section, shall be covered in the first instance by petition for transfer to the same occupational classification, promotion, then transfer to another occupational classification and finally demotion and if they were not filled that way, by means of external recruiting. The transfer to which this Section makes reference is only that type of transfer which makes the employees work center be closer to his/her residence, as long as the employee has been more than fifteen (15) months in his/her position.
SECTION 6
In those cases in which the adjudication of a vac ...
*End of Preview*
Click the 'Add to Cart' button to download the complete and formatted agreement.