DATE: June 23, 2020
TO: All Kaleida Members of CWA Local 1168
FROM: Executive Board and Special Directors of CWA Local 1168
RE: Time and Attendance Update
The Unions have had a recent onslaught of time and attendance and NOB disciplines. During the pandemic, Kaleida held back on all attendance related disciplines and/or investigations. They have now started to impose these disciplines and some members are receiving “stacked” disciplines. In other words, Article 63, Section 2a-f states…..2a…..(the verbal warning will be given after day 7 and before day 8, as per proration of absences schedule, outlined in Section 3, below). The interpretation of this language is that they have to notify the member after their 7th call in but before their 8th call in. In 2f it states, “it is further understood that none of the aforementioned steps may be skipped and the failure of a supervisor to take action as set forth will advance the days, which trigger any particular level of action. This is also interpreted as…….. NO stacking of disciplines.
CWA and SEIU plan to file grievances for every member affected by this. This is very concerning because if you exceed the 7th call in, and you are in the rolling calendar, your time and attendance will be problematic until you get through 12 months. Also, once that happens, your PTU will be governed by Article 63 section 3. which reads:
Section 3: Pro Ration of Absences Schedule for the remainder of the Attendance Year: (in other words, from now until May 31st 2021)
a.) Discipline expires 6/1 through 8/12 allow 5 unscheduled absences without penalty;
b.) Discipline expires 8/13 through 10/24 allow 4 unscheduled absences without penalty;
c.) Discipline expires 10/25 through 1/5 allow 3 unscheduled absences without penalty;
d.) Discipline expires 1/6 through 3/18 allow 2 unscheduled absences without penalty;
e.) Discipline expires 3/19 through5/31 allow 1 unscheduled absence without penalty.
We are also experiencing an issue with NOB (No Benefit time). NOB is governed by Article 62: Progressive Discipline and Remediation. Kaleida has, again, held back on issuing these disciplines and members were unaware that they did not have available PTO or had gone into the negative and now have no available time. It is impossible to get your available time up to snuff if you are unaware that you already have a problem.
To further complicate the issue, anyone who took the furlough did not accrue PTO during the time they were off. When they returned Memorial Day was upon them, and if their department was closed or utilized a lower number of staff, they had no available PTO to cover the holiday.
As you can see, this is a major problem for anyone affected. The Unions have been attempting to set up a meeting with Kaleida leadership. We are not convinced that this discussion will solve the issue so we are planning on working through the grievance procedure for everyone affected. Please make sure that you request a Union rep at all times, especially if you are in Time and Attendance or NOB discipline.
Stay strong!! The Unions have your back!!