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HIGHLITES OF NATIONAL BARGAINED ITEMS

THREE (3) YEAR CONTRACT

GENERAL WAGE INCREASES

3% wage increase                      3% wage increase                    3% wage increase

    June 1, 2003                             May 30, 2004                             May 29, 2005

Retroactive Pay Equivalent Payment will be made no later than Friday, September 26, 2003.

 

AVAYA AWARD FOR REPRESENTED EMPLOYEES

Performance awards will be based on two (2) six month performance cycles during the Avaya fiscal year.  Eligible employees will receive two (2) lump sum payments in each calendar year (one in the month of June and one in the month of December).

 

Performance cycle / Minimum Amount / Amount at Target

      2003 – 2nd half                                          $270                                        $583

      2004 – Cycle 1                                          $270                                        $595

                 - Cycle 2                                          $270                                        $595

      2005  - Cycle 1                                         $270                                         $607

                 - Cycle 2                                         $270                                         $607

       2006  - Cycle 1                                        $270                                         $619

                 - Cycle 2                                         $270                                         $619

 

There will be no limitation on the maximum payouts.

Awards will be paid no-later than 75 days after the end of the Performance Cycle and will be subject to applicable taxes.

SIGNING BONUS

All represented employees on the active roll will be granted a Signing Bonus of $400.00 in the form of a cash payment.  Payment of the Signing Bonus is subject to ratification of the National Memorandum and all local agreements by July 25, 2003.  Payment of the Signing Bonus shall be made no later than four (4) weeks following such date unless ratification has not occurred by July 25, 2003.  In such case, payment of the Signing Bonus shall be made no later than four (4) weeks following ratification of the National Memorandum, and all local agreements, whichever is the later date.

The Signing Bonus shall be subject to federal, sate and local tax and FICA withholding and union dues.

 

PENSION BAND INCREASES

For Retirements on or after      For Retirements on or after     For retirements on or After

            July 1, 2003______                 July 1, 2004_______              July 1, 2005______

                     3%                                            3%                                          3%

 

ELIMINATION OF PENSION BAND 102

Effective July 1, 2003, pension band 102 is eliminated.  Any employee currently in pension band 102 and who retires on or after July 1, 2003, shall have his or her pension calculated using pension band 103.

 

SERVICE BRIDGING RULES

 Effective January 1 , 2004, The three year requirement shall be replaced with a two year requirement. 
Any employee who has completed two years of post absence consecutive service as of January 1, 2004 shall have his or her former service bridged as of that date.

 

MEDICAL AND DENTAL BENEFITS

MEDICAL PLAN

Point –of-Service (POS) Option Co-payments.

Effective January 1, 2004, the following POS co-payments will apply:

 

POS In-Network Office Visit                                                  $15

POS Out-of-Network Hospital Admission                            $200

POS Emergency Room Visit (if non-admission)                    $50

 

Traditional Indemnity Option Deductibles

Effective January 1, 2004, the following annual deductibles will apply to the Traditional Indemnity Option

Individual coverage                                                              $250

Two-person coverage                                                          $500

Family coverage                                                                  $750

 

Prescription Drug Program

Effective January 1, 2004, Prescription drug program benefits will continue as before, except as modified below.

Copayments

     1.  Brand

          (a)  Retail (up to a 34-day supply)                                       $20

          (b)  Home-Delivery (up to 90-day supply)                           $35

     2.  Generic

          (a)  Retail (up to a 34-day supply)                                        $8

          (b)  Home-Delivery (up to a 90-day supply)                        $14

     Mandatory Home-Delivery

     After three fills at the retail level, maintenance drugs will only be covered by mail

     order.

     Dose Optimization Program

     1.  Implementation of the Notification Option, effective July 1, 2003.

     2.  Implementation of the Coverage Option, effective January 1, 2005.

     Select Network

     The Select Prescription Drug Network will replace the Broad Prescription Drug

     Network.

     Smart Prior Authorization Clinical Management Program

     The following programs will be implemented:

     1.  H2 Antagonists and PPIs (Proton Pump Inhibitors)

     2.  COX-2 Inhibitors

     3.  Antihistamines

     4.  Impotence Management

     5.  Migraine Management

     Traditional Prior Authorization Clinical Management Program

     The following programs will be implemented:

     1.  Anti-Obesity Agents

     2.  Central Nervous System Stimulants

     3.  Miscellaneous Dermatologicals – Accutane

     4.  Tamoxifen

     Mental Health and Chemical Dependency Coverage

     Effective January 1, 2004, there shall be no co-payments for the first five (5) In-

     Network visits.  Each subsequent visit will be subject to a doctor’s office co-payment. 

     Referral can be made by an Employee Assistance Program Counselor or Primary

     Care Physician.

     Coverage Opt-Out

     Eligible employees who op-out of Medical Plan coverage will receive a payment of

     $55 per month.  This is not available if the employee can be covered as a dependent

     of another Avaya Inc. employee or retiree.

DENTAL PLAN

          Schedule of Allowances

          Effective January 1, 2004, schedule of allowances for the following Type B

          Procedures shall be increased by 10%:

 

          2110     Amalgam – one surface, deciduous

          2120     Amalgam – two surfaces, deciduous

          2130     Amalgam – three surfaces, deciduous

          2330     Resin – one surface (anterior)

          2331     Resin – two surface (anterior)

          2332     Resin – three surface (anterior)

          2335     Resin – (involving incisal angle)

          2385     Resin – one surface, posterior – permanent

          2386     Resin – two surfaces, posterior – permanent

          2387     Resin – three or more surfaces, posterior – permanent

          4211     Gingivectomy or gingivoplasty

          4341     Periodontal scaling and root planing

          7110     Single tooth

          7120     Each additional tooth

          7210     Extraction of tooth, erupted

          7220     Extraction of tooth, partial bony impaction

          7230     Impaction that requires incision of overlying

          7240     Impaction/Comp Bony

          9220     General

          9240     Intravenous sedation

 

POSTRETIREMENT MEDICAL AND DENTAL BENEFITS

 

Retiree Medical Plan

Point-of-Service (POS) Option Co-payments

Effective January 1, 2004, the following POS co-payments will apply:

 

POS In-Network Office Visit                                       $15

POS Out-of-Network Hospital Admission                  $200

POS Emergency Room Visit (if non-admission)         $50

 

Traditional Indemnity Option Deductibles

Effective January 1, 2004, the following annual deductibles will apply to the Traditional Indemnity Option:

 

Individual coverage                                                    $250

Two-person coverage                                                $500

Family coverage                                                         $750

 

Prescription Drug Program

Effective January 1, 2004, prescription drug benefits for retired represented employees will continue as before, except as modified below:

     Co-payments

         (a)  Brand                                                                   

               1.  Retail (up to a 34-day supply)                          $20

               2.  Home-Delivery (up to a 90-day supply)            $35

 

         (b)  Generic

                1.  Retail (up to a 34-day supply)                           $8

                2.  Home-Delivery (up to a 90-day supply)            $14

     Mandatory Home-Delivery

     After three fills at the retail level, maintenance drugs will only be covered by Home

     Delivery.

     Dose Optimization Program

     The Retiree Medical Plan shall utilize the Dose Optimization Program as follows:

       1.  Implementation of the Notification Option, effective July 1, 2003.

       2.  Implementation of the Coverage Option, effective January 1, 2005.

     Select Network

     The Select Prescription Drug Network will replace the Broad Prescription Drug

     Network.

     Smart Prior Authorization Clinical Management Program

     The following programs will be implemented:

     1.  H2 Antagonists and PPIs (Proton Pump Inhibitors)

     2.  COX-2 Inhibitors

     3.  Antihistamines

     4.  Impotence Management

     5.  Migraine Management

     Traditional Prior Authorization Clinical Management Program

     The following programs will be implemented:

     1.  Anti-Obesity Agents

     2.  Central Nervous System Stimulants

     3.  Miscellaneous Dermatologicals – Accutane

     4.  Tamoxifen

     Mental Health and Chemical Dependency Coverage

     Effective January 1, 2004, there shall be no co-payments for the first five In-Network

     visits.  Each subsequent visit will be subject to a $15 co-payment.  Referral can be

     made by an Employee Assistance Program Counselor or Primary Care Physician.

     Coverage Op-Out

     Eligible retirees who opt-out of Retiree Medical Plan coverage will receive a payment

     of $55 per month.  This is not available if the retiree can be covered as a dependant

     of another Avaya Inc. retiree or employee.

 

RETIREE DENTAL PLAN

     Service Fees

     Effective January 1, 2004, service fees for the following Type B procedures shall be

     increased by 10%.

 

     2110          Amalgam – one surface, deciduous

     2120          Amalgam – two surfaces, deciduous

     2130          Amalgam – three surfaces, deciduous

     2330          Resin – one surface (anterior)

     2331          Resin – two surfaces (anterior)

     2332          Resin – three surfaces (anterior)

     2335          Resin – (involving incisal angle)

     2385          Resin – one surface, posterior – permanent

     2386          Resin – two surfaces, posterior – permanent

     2387          Resin – three or more surfaces, posterior – permanent

     4211          Gingivectomy or gingivoplasty

     4341          Periodontal scaling and root planing

     7110          Single tooth

     7120          Each additional tooth

     7210          Extraction of tooth, erupted

     7220          Extraction of tooth, partial bony impaction

     7230          Impaction that requires incision of overlying

     7240          Impaction/Comp Bony

     9220          General

     9240          Intravenous sedation

 

RETIREE MEDICAL AND DENTAL CAPS

Effective January 1, 2004, the amount of Company contributions toward coverage shall

be determined in the same manner as immediately prior to this 2003 National Memorandum.  The caps on the Company contributions to provide the combination of medical and dental coverage for the term of this 2003 National Memorandum shall be as follows:

2003

  Under age 65 – individual coverage:  $4,488

  Under age 65 – two-person coverage:  $8,496

  Under age 65 – family coverage:  $12,948

  Age 65 and over – individual coverage:  $2,412

  Age 65 and over – two-person coverage:  $4,536

  Age 65 and over – family coverage:  $8,988

2004

  Under age 65 – individual coverage:  $4,668

  Under age 65 – two-person coverage:  $8,836

  Under age 65 – family coverage:  $13,466

  Age 65 and over – individual coverage:  $2,508

  Age 65 and over – two-person coverage:  $4,717

  Age 65 and over – family coverage:  $9,348

2005

  Under age 65 – individual coverage:  $4,854

  Under age 65 – two-person coverage:  $9,189

  Under age 65 – family coverage:  $14,005

  Age 65 and over – individual coverage:  $2,609

  Age 65 and over – two-person coverage:  $4,906

  Age 65 and over – family coverage:  $9,721

2006

  Under age 65 – individual coverage:  $5,048

  Under age 65 – two-person coverage:  $9,557

  Under age 65 – family coverage:  $14,565

  Age 65 and over – individual coverage:  $2,713

  Age 65 and over – two-person coverage:  $5,102

  Age 65 and over – family coverage:  $10,110

No retired employee shall be required to contribute towards the cost of postretirement medical and dental coverage for the duration of this 2003 National Memorandum.

COVERAGE FOR OTHER COVERED CHARGES (OCC) UNDER TRADITIONAL INDEMNITY OPTION

The Retiree Medical Plan shall be amended, effective January 1, 2004, to provide an opportunity for Traditional Indemnity Option participants to elect to purchase or increase OCC coverage as follows:

  1.  Participants may elect to purchase or increase coverage, effective January 1, 2004,

       during the 2004 Annual Enrollment Period.

  2.  Participants may elect to purchase or increase OCC coverage at retirement.

  3.  Participants may elect to purchase or increase OCC coverage upon attainment of

       eligibility for the Traditional Indemnity Option.

 

RETIREMENT POLICY ADVISORY COMMITTEE

The Committee shall discuss such issues as retiree benefits, the feasibility of an ad hoc pension increase, legislation regarding prescription drug coverage for Medicare beneficiaries; as well as other legislation pertaining to retiree health care.

 

AVAYA INC. SAVINGS PLAN

Effective January 1, 2004, the Savings Plan shall be amended as follows:

Eligibility

Regular full-time or part-time employees shall be eligible to participate in the Plan upon commencement of employment.

Vesting

Participants shall be fully vested in the Company matching contributions and their earnings upon completion of three years of Vesting Service.

Contributions

Participants may contribute one to twenty-five percent of their eligible weekly compensation, in one-percent increments.

Company Match

  Eligibility – Participants who complete six months of service shall be eligible to

                      receive Company matching contributions.

  Amount – The Company will contribute 66 2/3 cents for every $1 of matched

                    Contribution that a participant contributes up to 6% of eligible

                    compensation.

Roll-In

The Savings Plan shall accept roll-in contributions from qualified Section 457 and 403(b) plans.

Catch-Up

Participants may make catch-up contributions as provided in Internal Revenue Code

Section 414(v).

Distributions

  Termination – Automatic distribution at termination of employment shall be made

                           using the then current limit for automatic distributions under Internal

                           Revenue Code Section 411(a)(11).

  Minimum Required Distribution – The Minimum Required Distribution at age 70 ½

                                                            will be calculated using the Uniform Life

                                                            Expectancy Table.

Investments

  Fund Exchanges – Participants must make fund exchanges in one percent

                                   Increments instead of 5% increments.

  Future Investment – Allocation of future investment options must be in one percent

                                      increments instead of 10% increments.

Loans

  Residential Loans – The Savings Plan shall offer Participants a residential loan

                                     feature, which Participants may utilize for the purchase of a

                                     primary residence.  Residential loans must be repaid within 175

                                     months of distribution.  All other Savings Plan loan provisions

                                     shall apply to residential loans.

  EFT Repayment – Participants may repay any outstanding loans following termination

                                 through Electronic Funds Transfer or coupon payment.

Hardship Withdrawal Suspension

Contributions following a hardship withdrawal shall be suspended for six months instead of 12 months.

 

EMPLOYEE ASSISTANCE PROGRAM (EAP)

Effective January 1, 2004, the number of visits to an in-network Employee Assistance Program Counselor is increased from three (3) to five (5).

 

WORK & FAMILY PROGRAMS

Dependent Care Reimbursement Accounts

For the Plan Years 2004 through 2006, the Child/Elder Care Reimbursement Account Plan shall be amended to provide for a Company matching contribution equal to twenty-five percent of employee contribution.  Total Plan contributions for each employee may not exceed $5,000 per year.

 

Reimbursement Accounts

Effective January 1, 2004, the Health Care Reimbursement Account and Child and Elder Care Reimbursement Account Plans shall be amended to provide that participants must contribute a minimum of $200 per year.

 

Family Care Development Fund

Effective June 1, 2003, the Care of Newborn Child Leave is consolidated with the Family Care Leave program.  Family Care Leave may be taken for up to twelve months once every 12 month period for:

  1.  Care of a family member who has a serious illness or injury, or requires major

       surgery; or,

  2.  Care of a newborn or newly adopted child.

 

The Family Care Development Fund is suspended for the duration of the 2003 National Memorandum of Understanding.  The Company agrees to continue funding projects approved prior to May 31, 2003.

 

All other provisions of the Family Care Leave program shall remain the same.

 

OPTIONAL PROPERTY AND CASUALTY INSURANCE

The Company shall offer active employees the opportunity to purchase, through after-tax payroll deductions, Property and Casualty Insurance.

 

LONG TERM DISABILITY PLAN

Effective January 1, 2004, active employees will be provided the option to purchase, through pre-tax payroll deductions, additional LTD Plan coverage equal to ten percent of Eligible Base Pay, as defined under the LTD Plan.

 

 LIFE INSURANCE PLAN

Effective January 1, 2004, the Avaya Inc. Life Insurance Plan (Life Insurance Plan) shall be amended as follows:

  Total Annual Pay (TAP) – TAP is equal to Base Pay plus Annual Avaya Performance

                                              Award Target Payment Amount as of September 10 of the

                                              Prior Plan Year, rounded to the next higher $1,000.

  Non-Tobacco User Discount – Non-tobacco users will be eligible for a ten percent

                                                      Discount on Supplemental Life Insurance premiums.

  Supplemental Life – Supplemental Life Insurance will be provided on a group

                                     Universal Life basis, subject to the Insurers terms and conditions

                                     As stipulated by the insurer.

 

LABOR EDUCATION AND DEVELOPMENT FOR THE 21ST CENTURY (LEAD 21)

A minimum of 40 hours of skill based or job related training each calendar year for all employees.

The forty (40) hour minimum will be prorated for mid year hires, and employees who work less than a full year.

Transition to Teaching Program – eliminated

The Avaya/CWA/IBEW Academic Award – ten (10) scholarships of up to $6500 per year (renewal for up to four years) to be awarded to children of represented Avaya Inc. employees, for the 2004-05, 2005-06 and 2006-07 academic years.

 

2003 Retirement Incentive Program

A one-time retirement incentive program to eligible employees.  Eligible employees who volunteer to retire under this program will receive a 12% increase to the value of their pension band.

To be eligible, an employee must:

1.      As of August 1, 2003, either be active or on a leave of absence with guaranteed right

Of reinstatement;

2.      On or before August 14, 2003, satisfy the Plan’s minimum age and service

Requirements for a Service Based Pension;

3.      Submit an irrevocable request to participate during the August 1, 2003 through

August 14, 2003, enrollment period; and,

4.      Retire, effective August 31, 2003, subject to extension through December 31, 2003,

At the discretion of the Company.

 

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