Common use of Contracting from Call Centers Clause in Contracts

Contracting from Call Centers. Call Center work previously performed by represented employees in the impacted center that was contracted out by the Company after August 16, 2003, shall be discontinued to the extent necessary to avoid laying off Regular employees if the impacted employees have the training and skills to perform the work and the return of work can be achieved with no more than a de minimus added cost to the Company. The Company would return the contracted work to the impacted center if the work being returned were of a similar nature to the work being performed in that center. However, if the center is now performing work dissimilar to that of the contracted work, the Company would place the contracted work in a center of their choice. In a situation where there is a center closure, the Company must discontinue the contracted work previously performed by represented employees in the impacted center in an amount equal to the number of employees to be laid off. The Company would place the contracted work in a center of their choice. Where there are open positions described in each of the above two paragraphs, the employee(s) in the Adjustment Group shall be offered the option to perform the returned work in the new location. If the Company contracted only particular function(s) previously performed by a represented job title, and the Company returns that work under this Section, the Company can choose to have the contracted function(s) performed separately rather than integrating the work back into an existing job title. If it does so, a new job title and/or wage scale may be created in accordance with Article 6 of this Agreement, and the thirty (30) calendar day period for implementation of the Company’s proposed title and wage scale as outlined in Article 6.1(b) shall be waived. Although not required by this subsection, if the Company chooses to bring in contracted work not previously performed by represented employees where they have the skills and training to perform such work, the terms of this paragraph will also apply. For purposes of this Section, an employee shall be considered to have the necessary training and skills if the employee meets the following criteria: (a) He/she has passed the appropriate screens and tests for the work being returned; (b) He/she currently holds the title of the work being returned and is performing or has performed the work being returned for more than six (6) months in the last five (5) years. This may not apply if the work being returned has significantly changed since the employee performed the work; (c) He/she can become proficient in the basic job duties of the returning work with minimal training, normally not to exceed two (2) weeks.