The IBEW LOCAL 1269 and DEX MEDIA, DEX/YP have mutually agreed to extend the contract for one week until Friday June 7th, 2019. We have made some progress on the following issues but need to continue bargaining.
This update will include an important bargaining overview, Dex-Rocky Mountain updates and Northern California and Nevada updates.
We began officially updating the members on our website, www.IBEW1269.org on April 15, 2019. These updates will be archived.
For members who have missed these updates, we are sending this Constant Contact email in addition to the website postings.
Dex/YP Rocky Mountain Bargaining Update:
The Union and the Company have been in bargaining for 23 days. We have been representing your issues at the bargaining table for a successor agreement. Last Thursday, May 23, 2019 and Friday, May 24, 2019, the Company presented their compensation proposal to the Union. Yesterday, Tuesday, May 28, 2019, the Company presented the Union their first Collective Bargaining proposal for Settlement Offer. The Union is reviewing the Company’s proposals and have requested additional information while continuing to construct its proposals and counter proposals.
We have been in contact with Chief Stewards who represent our bargaining unit members in various locations.
Pay and Wages
One of the main rep issues still remains; pay commensurate with the changing nature of the work Sales Reps’ are being required to perform and the effort required to perform additional activities such as Thryv On-Boarding. The Union is evaluating whether the compensation proposal the Company presented addresses base pay equity, new products (Thryv 4.0), long life directories (14, 15 month) and its impact on compensation sales cycles that allow customers to cancel contracts before the term expires. We are analyzing actual earnings year over year for 2015 through 2019 year to date. The bargaining team is comparing these figures to total targeted models provided by the Company. It is our goal to improve base wages.
The Company has proposed changes to the Flat Monthly Allowance for automobile expenses and FAVR. The Union will be presenting a counter proposal. We have requested additional information and will continue bargaining over this subject. We are addressing your privacy concerns regarding the Motus app at the bargaining table and through settlement agreements.
Dex Media Rocky Mountain Region has also proposed the modification of Force Adjustment provisions to provide reduction (Layoffs) based on stack-ranking performance rather than Seniority. The recent reorganization of management and layoffs of senior RVP’s and other management personnel do not appear to be over and provides a cautionary signal for what the company has planned. The Union has always valued Seniority as one of its most important benefits and will stand in solidarity with our National Coalition of Unions to aggressively protect this benefit for its members. There are serious problems with the Company’s stack ranking policy. The most obvious being the Company’s failure to administer the reassignment relief in the collective bargaining agreement and proper application of PRR reporting and PIP which resulted in the wrongful termination of numerous members nationwide. Many of these employees will be returning to work shortly because of strong contract language in the CBA and the Union’s successful enforcement of your bargained rights.
We continue to work on your behalf on the issues that impact working conditions, compensation and benefits to reach a mutual agreement with the employer. Your solidarity around these issues is of paramount importance and will have a significant impact on the outcome.
Dex Rocky Mountain Reassignment Grievance
As previously reported, the Union prevailed in the Arbitration over the Reassignment Letter of Agreement in the Collective Bargaining Agreement. On January 1, 2018 the arbitrator ruled that the Company was not providing reassignment relief per the CBA (Collective Bargaining Agreement) and ordered the Company to reapply reassignment criteria and recalculate Claims and Ghost Bots data back to June 2016 and then correct the ranking reports. Any affected sales reps were to receive “Make Whole” settlements including reinstatement of employment. They were also ordered to provide the Union proof that this was done. The Company failed to comply with the Arbitrator’s binding ruling.
Three weeks ago, the Union notified the Company that it was contacting the arbitrator who retained jurisdiction over the enforcement of the members’ award. It was then, that the Company shared data with the Union that indicated some of our members were in fact, wrongfully terminated. We are in the process of working on the settlement for those members and returning them back to work. For the remaining members, the company has not satisfied is obligation of proof. We are confidently moving forward with remedies and justice for these members.
14-15 Month Directories
The Union understands the profound impact that the extension of print directories has on your commissions, income and performance. This is a priority of the Union and we have heard you. We notified Dex Media at the bargaining table on Tuesday May 26th that we will be moving this issue beyond their authority to binding arbitration with a make whole remedy.
In Northern California, the Union addressed the extended life of the directories (long life issue) by filing NLRB charges relative to the unlawful change in compensation. The NLRB ruled in favor of the Union for the compensation change violation and is advancing a settlement We will keep you updated as events warrant.
The Union filed a grievance alleging that the Company was using Motus as a tracking device in violation of the Collective Bargaining Agreement. The Parties were scheduled to go to arbitration Wednesday, May 29, 2019 but entered into a settlement agreement on Monday, Memorial Day. As a result of the negotiated settlement, the Successor agreement will now include language that states Motus’s primary purpose is to calculate employee business mileage for expense reimbursement, cannot be used as the sole basis for discipline and will not be used to track or gather data about employees when off duty.
The Union filed a National Labor Relations Board charge on behalf of its members regarding mandatory “Power Hour” meetings in which the Company required Premise Sales Reps’ laptop cameras be turned on while managers observed them making telephone sales calls in their homes. The Union’s position is that the practice violated privacy rights and the NLRB found merit in the Union’s position. They did however, rule that the Company was entitled to require “Skype” type meetings for Monday morning meetings only.
Sales Performance Plan Arbitration ruling, Northern California
Several members who were wrongfully terminated from Dex/YP are returning back to work with a “Make Whole Settlement” as a result of an Arbitrator’s ruling. On January 14, 2019, the Union went to arbitration grieving the Company’s violation of the Sales Performance Plan. On Friday, May 24, 2019, we received the Arbitrator’s award. As a result of the award, our wrongfully terminated members will receive their jobs back with full back pay and benefits. Dex/YP, Thryv was also ordered to rescind the performance plan. This ruling is final and binding. Please join us in welcoming our members back!
NLRB Rules Dex/YP Violates Compensation Change Language Northern California
The NLRB ruled in favor of the Union regarding an unlawful change to the compensation plan in Northern California. As a result, the Company must return to the Bargaining table and bargain Sales Compensation with the Union. Calculations are currently being done to determine the total impact on compensation.
NLRB Rules Dex/YP Unlawfully Refused to Provide Information to the Union
The National Labor Relations Board found that the Company has refused to provide and/or unreasonably delayed providing information to the Union for numerous requests. The Company has violated this specific Federal law on so many occasions that the National Labor Relations Board is seeking a settlement. If the Company refuses to settle, the NLRB may issue a complaint and hold a hearing before an administrative law judge on the issue. We will keep you posted.
IBEW 1269 has joined in coalition with CWA (Communication Workers of America) representing Dex Media sales employees and clerical throughout the United States.
Our Coalition is united on fair contracts and demands for collective bargaining. We are also preparing for Nationwide Protected Concerted Activity and mutual aid should it become necessary.
Support and membership continue to grow. We welcome the new members from Phoenix and the greater Arizona area who are continuing to mobilize to support the efforts of the Union on their behalf.
While the Company continues to hold captive audience meetings to reduce your resolve, our members continue to unapologetically support their union. We are united, strong and unbreakable. Please continue to be vigilant. We have received reports from the membership daily. The information you provided to the bargaining team with respect to Thyrv 4.0 was instrumental at the bargaining table in helping navigate Realtime changes and their impact on a successor agreement. You provided this information to the Union regarding Thryv 4.0 before the Company’s bargaining team had it.
We thank our dedicated stewards, chief stewards and members at large.
When bargaining labor agreements, good companies know that paramount to business success is well compensated sales representatives. This Company has the competitive advantage of experienced and gifted sales representatives who deserve to be paid commensurate with value they bring to the Business. The transition to Thryv and the ultimate success of the business is dependent upon the relationships you have built with your existing customers and the abilities you have demonstrated in breaking through barriers that exist with the Thryv product and customer engagement. Simply put, you are the oxygen for this business. The Union bargaining team is negotiating your labor agreement with this belief and will not waver. You have told us that you want to be rewarded for the effort and knowledge you bring to the business so that you can continue to represent the Company’s brand in a positive light and generate new business enthusiastically. We will continue to advance bargaining proposals that value our members’ hard work and talents.
In Courage, Honor and Strength
One more thing; Please go to www.ibew1269.org News and Updates, and read the article entitled SUPPORT MATTERS written in support of our CWA brothers and sisters.
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