I can't discuss the details because the case is being grieved. I will say this. Much of the case has to do with information I posted on this board. They have concerns as to where the information was obtained. But if you think about it....it doesn't really matter where it came from. Someone told me to read sect 100.108 of the companies code of conduct but I can't....I dont have access to it. The same somebody told me it expressly prohibits employees from participating in "electronic bulletin boards".

Here's an excerpt from the very first link I posted under this topic.....It's VERY "concerning".....

 

 

 

Ace in the hole

These incidents demonstrate that as blogs and social networks like Facebook, LinkedIn, and MySpace become more popular, you need to develop a game plan for dealing with these new forums and technologies.

Some employers have developed policies regarding blogging. Many blog policies call for a prohibition of blogging at work and ask employees to make it clear that they are writing about their own views and are not representing the company when they post messages online. Policies also require employees to keep all identifying company logos and marks off their blog sites.

While you can regulate most aspects of blogging or electronic communication, you can't regulate Internet discussions about topics protected by the National Labor Relations Act, which means you can't prohibit or regulate employees from discussing wages, hours, or working conditions. You also have to be careful about disciplining employees for blog content that may be protected under various whistleblower laws, and public employers have to watch out for speech that could be protected under the First Amendment.

Good minds really DO think alike!!!

Unfortunately, many of the things that we would like to discuss are items subject to the collective bargaining agreement, ie: grievance and arbitration process.  And as it was stated and agreed to by the majority of those who voted for this last contract, Qwest employees are barred from mobilizing, discussing in a public forum anything that is covered in collective bargaining.  I don't like it.  But a federal court has determined this to be so.  The South Dakota folks have not gotten their jobs back yet.  Their action was done on their own time, own dime... and yet they were fired.  Be it a sidewalk or an electronic bulletin board, it's still a public notice of what is happening or has happened.

 

The code of conduct is pretty explicit and until we can go thru the grievance and arbitration process on these things and others, it would be in our collective best interests to choose our words and activities wisely.  What you do and say in the union hall is one thing, but discussions anywhere else could be hazardous to Qwest employment.  Many of us don't get to see the entire code of conduct before we are asked to sign it electronically via CBT.  Recently many have had the opportunity to read those chapters or sections in detail, contact your managers for explanation/clarification on anything you don't understand or are unsure of.  Ignorance will not be blissful. 

 

Until there is more funding for the NLRB, a change of leadership within that department, at low level positions, we won't see many, if any changes in how that department operates for some time.  And one of the primary functions of the NLRB is to make sure that the players, Qwest and CWA abide by the agreements that they signed on to in the CBA.  In short, they can't protect us from ourselves.  There are some basic labor laws that we all should abide by, but again those laws are among the things listed in a grievance, and until the grievance process is completed, the lawyers won't step in.  They'll gladly take your money for the time they spend talking with you, but they can't speak for you or take action on your behalf until the grievance process is completed. 

 

Be careful, be smart. Let the stewards and the grievance process procede to get us all relief and justice we want and deserve.  Let's not give those stewards any more work to do, there aren't enough of them as it is.

Sounds like diry laundry. Well then we should start encoding messages. Somebody likes to put thier dirty little fingers in everybody's pie.

First.....thank you for getting the aricle 108 info!!!!

Second....lets look a the NLRB rules and the Qwest rules at the same time....

 

 

NLRB....

While you can regulate most aspects of blogging or electronic communication, you can't regulate Internet discussions about topics protected by the National Labor Relations Act, which means you can't prohibit or regulate employees from discussing wages, hours, or working conditions. You also have to be careful about disciplining employees for blog content that may be protected under various whistleblower laws, and public employers have to watch out for speech that could be protected under the First Amendment. 

           VS

Qwest...

 

Please take note of the words "WORKING CONDITIONS"

The U S District Court in Denver decided what we could and could not say and do... they decided at Qwest's request what was permitted activity under a collective bargaining agreement. And we continue to agree by way of the LOA in this contract that was just ratified.  In short, we have to use the grievance and arbitration process to resolve our issues, to wash our dirty laundry, not any public forum for discussion.  Whistle blower laws protect those who report wrong doings to regulatory agencies.  It's an after the fact situation, if you suffer as a result of your actions, then the whistleblower rules take effect.  And that is a process.  Large corporations have rooms full of lawyers that are quite adept at dragging things out, starving employees and former employees into submission. (Nacchio is still out and about, appeal isn't on the docket yet, and the lawyers keep getting paid.)  Don't give them any opportunity to do this to anyone you know.

 

You need to remember we have this CBA in place of every person for themselves when trying to rectify any injustice done at work.  The downside is that it takes time and it's done by volunteers up to the point of meeting with a vice president of Qwest or arbitration.  These are volunteers who are juggling all their personal lives, work lives and then the business of the union, us.  The upside is that we don't have to share any back pay or financial awards with our stewards/union.  If we had hired attorneys, it still would take a considerable amount of time, the longer the bigger payday for the attorney... and that money comes out of your award, which could only be your back pay, so you wouldn't be made whole. 

 

Again, now that many are aware of the 'whole' language of the various sections of the code of conduct, DO NOT play a game of chicken with the company and their security department.  It's not worth your job.  We have means by which we can communicate with our fellow members at the local hall.  

 

Yes, we are all entitled to free speech, but even freedom isn't free, it comes with a cost, a consequence of some sort, at some point in time.  You have to be willing and able to accept those consequences and the final bill when you go to battle with anyone, big or small.   In today's economic times, the risk is higher and our options for re-employment elsewhere fewer.  Think before you type and hit send.

Those articals arnt in the code of conduct training that we get every year. and why shouldnt you be able to think that you can voice an opion.

The 'text' on the computer based coverage/training for code of conduct is the cliff notes version.  You can print out a copy of the entire verbage, just how many do so is probably very, very small.  HOWEVER, people sign the confirmation that they have been covered, so you were.    There has always been a limit as to what we could talk about in a public forum when it comes to maintenance and provisioning of our network, our customers' records, public policy positions.  There is a definite bright line when it comes to the federal gov't's protection of that 'secrecy of communications', and Qwest to their credit was the only telecom that didn't capitulate and provide the feds access to all your communications records.  But when it comes to their own employees, their information they are more vigilent than a mother bear.  Common sense comes to mind.  Couple that common sense with the control issues that some in management have, from the top down.  Many things could be construed as insider trading information, the market's that volatile. 

 

What you do in the privacy of your own home, talking with your spouse/family about your health and safety on the job, the amount of money in the checking/savings accts, where you can go for healthcare and when you have to be to work and when you can be expected to come home are normal conversations, things that happen in every home.  The company just doesn't expect them to be posted on a bulletin that any and everybody could access and read, as it has happened.  Again, I may not agree with what they have determined to be 'code of conduct', but it's what you got when you agreed to work for them.  To abide by their rules when it comes to their business and how they treat their employees, their customers and their resources.  We have a grievance and arbitration process, we have a collective bargaining agreement.  If there are changes to any thing that is subject to collective bargaining, then it's back to the table to discuss them before the changes can be made. 

 

Work with your local officers and stewards.  Gather at your local's hall and talk about what's happening on and off the job.  Put your heads together there, talk it out, work it out, plan the next steps.  But do so within the guidelines of the contract we have, otherwise you'll be pounding your heads against a brick wall  while standing in the unemployment line.  It's alot cheaper to fire someone than it is to surplus an employee.  No VSPP money, no 6 months of health insurance... it's cheaper for them. 

 

Ask if the District or the National is pursuing an appeal on the mobilization LOA.  Check to see what our options are there.  And while you're at it, be sure to send a care package to the South Dakota 9 to help them thru the holidays.