CWA LOCAL 1036

August 25, 2020

State of Emergency Update for CWA Executive Branch Members

What follows is an update and instructions regarding outstanding issues involving the No Layoff Memorandum of Agreement with the State of New Jersey:

CWA Locals and the National Union have been working overtime to address various issues arising from the implementation of the No Layoff MOA, including ensuring that furloughs were scheduled to minimize loss wherever operationally feasible.  Our membership rose to the occasion and has continued to work under extremely difficult conditions.  Local and National leadership and staff continue to press departments and the State to resolve outstanding issues and problems. 

Jump immediately to: 

• Pension Credit Impact from Furloughs and Raise Deferral
• Vacation Carry-Over to 2021
• Holiday Furlough Exemption Requests
• Unemployment Benefits - if you still have a pending issue
• Pension and Health Contributions During the Furlough Period
• Leaves due to COVID-19 or Home Schooling Issues
• State Budget
• Elections

STATE WORKER PENSIONS - FURLOUGHS AND DEFERRED SALARY INCREASE:  We have confirmed that pension payments are being handled in the same way that they were handled in our 2009 negotiated furlough agreement, and in accordance with the recent legislation on furloughs.   Furloughs in lieu of layoffs under CWA’s agreement do not count against pension service credit.  In addition, our pension benefits (including final average salary) will be calculated AS IF the raise was in effect on July 1, 2020.  In both cases, we do have to pay the pension rate as if the raise were in effect and as if there were no furloughs – but that protects our members from losing that time and that higher rate of pay in their pension calculation. 

CARRYOVER OF VACATION TIME: There has been some confusion about the right of workers to carry over vacation time that they have been unable to use due to the pandemic.  Some Departments have given erroneous information that no matter what, vacation time that was carried over from 2019 cannot be carried over to 2021.  This is NOT ACCURATE.  If employees were not able to use their carried over 2019 time due to furloughs or due to working during the pandemic (which is still ongoing), the MOA with the State applies, meaning that requests to carry over vacation time in such circumstances cannot be unreasonably denied.  CWA is addressing the misinformation that was provided by Departments.

HOWEVER, please be advised that although it is not true that you can be categorically denied the right to carry over 2019 vacation, you can only carry over this time if you are “unable” to use the time due to furloughs or the pandemic.  You can’t carry over 2019 time solely by choice.  It has to be that you were unable to use it or denied the option of using it. (For example, if no one was allowed to use vacation time during the spring, because of the pandemic, and then you intended to use it in July, but couldn’t because of furloughs, and then you went out on sick leave because you could finally have elective surgery and you stayed out for the remainder of the year recuperating, that is an example of being “unable” to use the time. Another example would be that you asked to use the time, and you were denied the right to use the time.)  You do need to try to schedule your 2019 and 2020 vacation time.  The MOA does not permit you to simply carry over two years of vacation, instead of only carrying over one year.   Please don’t sit on 2019 vacation time that you would be allowed to use.  The right to carry over the time under the MOA applies if you are unable to use the time or denied the use of it – not because you wanted to save it.  (Again, the issue is with previously carried over 2019 vacation time – not with 2020 vacation time that you may carry over to 2021.)   

EXEMPTIONS FROM PRESIDENTS’ DAY AND THE DAY AFTER THANKSGIVING FURLOUGHS:   If you lost more than 3 days of pay and up to 4 days of pay (after unemployment benefits) while taking furloughs, you can be exempted from taking Presidents’ Day 2021 as a furlough day.  If you lost more than 4 and up to 5 days of pay (after unemployment benefits), you can be exempted from taking Presidents Day 2021 and the Day After Thanksgiving 2020 as furlough days.   The No Layoff MOA requires Departments to notify you if you are eligible to waive either of these holiday furloughs. Some agencies issued a blanket notice that you “may” be eligible to be exempted. This blanket notice is a MOA violation and we have been addressing this with the State.  However, our advice to members is the following:

If you received this notice, OR if you didn’t receive it but you lost more than 3 days pay while taking furloughs, you need to submit a memo no later than September 1^st to the Human Resources office of YOUR Department that you want to be exempted from the furlough days. 

Here is an example of what you can submit to be exempted from those Holiday furlough days, if you are eligible:

To: Human Resources

From: Name

Date: PRIOR to September 1, 2020

Subj.: Exemption from Holiday Furlough Days

As a result of the July furloughs, I lost more than (3) (4) days of pay.   I am, therefore, requesting to be exempted from (Presidents’ Day) (both Presidents’ Day and the Day After Thanksgiving).

Please acknowledge receipt of this memo and that I have been exempted from the furlough days in this memo.

UNEMPLOYMENT BENEFITS FOR FURLOUGHED MEMBERS: We had over 2,000 CWA members ask for assistance with getting their unemployment.  Shop Stewards from Locals 1037 and 1038 came off the job until mid-August and did an amazing job, voluntarily assisting over 1660 delayed claims get processed. Special thanks to Lydia, Mildred and Jermania for your hundreds of hours of service to your coworkers and union! 

Local leadership and staff have worked non-stop since furloughs began to give the best guidance on how to apply for and collect unemployment benefits.   Unfortunately, the massive number of unemployment claims, a DOL computer system from the 1970s, short staffing, and the agonizing DOL phone system delayed the processing of our claims.  We are hopeful all claims are being resolved within the next few days.

If you still have a pending claim or other unresolved UI issues, rest assured you will receive the $600 CARES benefit for each week you are eligible for UI.  All CWA furloughs were served during the eligibility period for the CARES $600.

Our UI specialists were unable to get back to some CWA members who returned to work before they could be reached.  We are in touch with the Department of Labor and we know that groups of outstanding pending UI claims are being processed this week.  If you were unable to speak with a UI specialist and/or you need assistance, what follows are the direct lines to the Unemployment Regional Call Centers. 

• Northern NJ Region: 201-601-4100
• Central NJ Region: 732-761-2020
• Southern NJ Region: 856-507-2340
• Out of State claims: 888- 795-6672 (you must call from a phone with out of state area code)

We know how frustrating this continues to be.  Using the Regional numbers should help and we know that entire weeks of the backed-up claims are being processed now.

Attention State College Employees Some colleges DID not submit the payroll amounts of wages correctly to unemployment and the information had to be re-submitted to the Department of Labor.  That has caused the delay in unemployment.  The fault for this delay is not the backlog from Unemployment – it is the mistake made by your College.  When we learned of this, CWA met with the impacted schools and made sure that they resubmitted the information and we also contacted the Unemployment Division at the Department of Labor to confirm that the payroll information was finally correctly submitted and that the unemployment claims are being processed.  If you were from one of these schools, and you contacted the UI Specialist volunteers and they were unable to help you, that was because your school had not submitted the correct information – not because they did not seek to assist you.  We are continuing to monitor this problem and we have confirmed that these unemployment claims are now being processed. We will continue to monitor this until we are sure that you are getting your checks and your Local will keep you informed. 

PENSION AND HEALTH BENEFITS CONTRIBUTIONS FROM THE FURLOUGH PERIOD: If any member’s paycheck during the furlough period was not enough to cover contributions for pension and health benefits, these deductions will be taken from a subsequent paycheck.  We are working with the State in an effort to have back pension contributions taken from different paycheck than healthcare contributions.  However, some of our members may have already had back deductions take from recent paychecks. Again, we are doing our best to minimize the impact of these back deductions on your pay. 

EMERGENCY FMLA LEAVE:  If your child’s school is providing remote classes, you may be eligible for 12 weeks of leave under the Emergency FMLA, which was passed as part of the Families First Coronavirus Response Act.  The first 10 days of the leave are unpaid, but you can use paid vacation leave for those days.  For the next 10 weeks you will receive two-thirds of your regular pay up to a maximum of $200 per day.  In the aggregate you will receive up to a maximum of $10,000.  This leave is in addition to your other paid leave entitlements. 

• You may be eligible to take Emergency FMLA leave on an intermittent basis, but your department will have to agree to that and how the leave will be taken.
• Certain employees may be exempted from the requirements of Emergency FMLA leave, including healthcare providers and emergency responders. If you are told that your position is not eligible for Emergency FMLA leave, you should contact your Local.

BUDGET: We had fantastic response in supporting the Governor’s Legislative effort to get approval for federal borrowing in order to prevent a collapse of public services during COVID.  The Governor is now presenting a budget that will cover October through June 30, 2021.  Because of our MOA and the work we have done, we know that our jobs are secure through 2020 and 2021.  But we still need to support the Governor’s efforts to have millionaires pay their fair share and to have the pension funded properly. 

ELECTIONS: CWA will be sending out a list to our members of Local Legislative-Political Action Team recommended endorsements for this all-important upcoming November election.  Every Registered Voter will be receiving a ballot and you can vote by mail or in person.  Please make sure that you read all the way down the ballot, because in addition to the Presidential race, one Senate race, and all of the Congressional Races, there are several special elections, local races AND the Constitutional Amendment on marijuana legalization.  In addition, if you or a family member is eligible to register to vote, buy you are not registered, New Jersey will provide for online registration.   

July 30, 2020

To:       CWA 1036 State Executive Branch Membership

Although CWA state executive branch members completed the July furlough period, many unemployment claims remain open and unresolved. We have been assisting hundreds of members with claim questions and problems, both directly through the Local and through CWA National. The reality is that there is an overwhelming number of members requesting help. The Union is responding as quickly as possible and providing direct advice where we can.

If you have a UI problem, you should contact DOL directly for the fastest resolution. Having sorted through over 1,000 requests to the National and more than that to Local 1036, we have a handle on the common problem areas and confidently say to everyone - if your claim is "pending," you must speak to DOL to have them adjudicate the claim. We know this is frustrating, but it is the process to follow. 

In almost every case, you must make direct contact with DOL to resolve claim problems. We know DOL is swamped with claims and helplines fill quickly, but calling and re-calling until you speak to a DOL agent is truly the only way to resolve your claim problem.  Even with CWA guidance, almost all members still ultimately have to contact DOL directly for a resolution. CWA cannot process or adjudicate a UI claim issue and Local staff cannot resolve it on your behalf with DOL.

If your claim status shows as “Pending,” then you need to contact DOL directly.

Below are common reasons for a claim to be pending for more than a few days:

• Claimed holiday pay received for 7/3. DOL needs to confirm this was holiday pay only and not any other kind of pay.
• Changed the address or manually entered the address for your employer.
• Claimed secondary income from another source.
• Entered incorrect wage information during your claim.

Even if your claim status is “Pending” you should try to certify benefits every week.

• Use the link nj.gov to “Certify for Weekly Benefits.”
• You will create a PIN the first time you certify.
• If you receive an email from e-Adjudication, you still must respond with the requested information.

If you missed certifying for a week of furloughs in the past, you must contact DOL directly. Only DOL can help you certify for a prior week (back date).  

If you have a problem of potential UI fraud, could not create an account, or had a problem actually creating a claim, CWA National might be able to help with background information. You still may have to call DOL directly.

DOL CONTACT NUMBERS:

• Northern NJ Region: 201-601-4100
• Central NJ Region: 732-761-2020
• Southern NJ Region: 856-507-2340
• Out of State claims: 888-795-6672 (you must call from a phone with out of state area code)

NEW! Unemployment Frequently Asked Questions 

CWA has compiled the most frequently asked questions we are hearing from members who filed for furlough unemployment. Please read these FAQs before reaching out for assistance. 

CWA is offering assistance to Members ONLY who have questions about filing their Unemployment Insurance Claim. Please fill out this form below and a CWA Unemployment Insurance Specialist will contact you to assist you. If your questions are not answered in the FAQs and Guidance on Filing for UI documents, you can proceed with filling out this form.

See: Guidance on filing for Unemployment Benefits for Furloughed State Workers

• Note: If you already filed a claim, do not refile. 
• Note: Regardless of where you live, you file your unemployment claim with the NJ Department of Labor. UI claims are filed in the state where you work, not the state where you live. 

Friday, July 3 will remain a paid holiday. Furloughs scheduled before or after that day will not affect holiday pay. Furloughs should be scheduled with this in mind. 

See: Suspending your Pension Loan Under the CARES Act

• Q&A About Suspending your Pension Loan (from NJ Division of Pensions and Benefits)
• Application Form to Suspend Pension Loan

Voting closed Saturday, June 27 at 12pm noon. 

The overall results are posted below. Thank you to everyone who voted. 

The agreement has been approved by membership. 

Remember: The MOA requires furloughs to be scheduled to maximize CARES Act coverage.

The CARES deadline is 7/25 - not 7/31. Please make sure you are scheduled for furloughs by 7/25.

If you have any questions or problems, please contact the Local at This email address is being protected from spambots. You need JavaScript enabled to view it.. 

Below are materials to review as members vote on the 2020 State of Emergency Job Security Agreement for the NJ State executive branch.

• Job Security Memorandum of Agreement (MOA) - this is the full negotiated agreement
• Schedule A - explanation of how furloughs will be scheduled
• Schedule B - Chart showing unemployment benefits for every salary level (updated 6-26-20 to show estimates for higher salary levels)
• Frequently Asked Questions (FAQ) - for informational purposes, updated 7/1
• CWA NJ Summary of the Agreement - a detailed explanatory summary. This document has been taken down because information has been updated since its publication. 

Please contact us at This email address is being protected from spambots. You need JavaScript enabled to view it. with ANY questions so we can stay in touch during this time. 

Voting opens 12:00PM on Thursday June 25 and closes at 12:00PM on Saturday June 27. Results will be reported on our website and via email broadcast on Saturday afternoon. 

A Message to CWA Executive Branch State Workers From Your Bargaining Committee

Dear Sisters, Brothers, Union Family,

Last night, your State Worker Bargaining Team successfully completed negotiations on a very important No Layoff Agreement with the Murphy Administration.

This Agreement will protect our members job security during the worst economic upheaval since the Great Depression. It includes a deferral of the upcoming July 2020 raise and a rescheduling of the April 2022 raise. It includes some furlough days, but most of which will be eligible for unemployment.

We will provide the details of this Agreement to our members within the coming days and you will have an opportunity to vote on this No Layoff Agreement this week.

We are proud of the agreement that we negotiated over the past several weeks. Deferring wage increases and having workers furloughed, even for a few days, is difficult. But in an environment such as this, we believe that we have accomplished something remarkable: Job protection for our members and their families. We hope that once you understand the details of this Memorandum of Agreement (MOA) that you will agree and vote yes.

You will soon receive detailed information. We will have a Townhall Call to go over the Agreement, and you will be emailed voting instructions as soon as they are completed.

In Solidarity,

CWA 1036 Stands In Solidarity with the Movement for Racial Justice

June 3, 2020

First, we must acknowledge that no statement can truly capture the sadness, rage, and despair that many of us have felt over the past several days. No string of paragraphs, no matter how artfully worded, can mend centuries of repression that still have still have undeniable effects on our society today. 

At the same time, silence is just not an option. We offer this statement as part of a deeper commitment to the sort of racial, economic, and workplace justice that the best of the labor movement has always strived to win. 

The murder of George Floyd, like the deaths of too many others before him, lay bare an uncomfortable truth.  Structural racism in this country is still alive. Our collective response must be to reject it, to act against it, and to take part in a massive and explicitly anti-racist workers’ movement. 

As we reject racism, we also reject violence. In many cases, the impact of strong and passionate but peaceful protests has been drowned out by violence from fringe actors. Attacks on community businesses and law enforcement hold back the march for justice. Media coverage is not carrying the message of social change, but the pictures of violence and property damage. We all must reject these violent actors and their agenda.

The Labor Movement has been at our most powerful when we understand that our fight for workers’ rights doesn’t begin or end in the workplace. If our fight stopped at the workplace, we’d at best be leaving the work half done, and at worst be indifferent to the way injustices in the workplace are but a microcosm of an unequal society. 

Many of the forces stacked against equal rights, equal pay, and social justice also fight against organized labor and working people. Labor and social justice movements share common enemies and we share the struggle to change the balance of power. CWA 1036 is committed to helping build that movement.

The Union must be a great equalizer. Our members receive the same protections, the same wages and benefits, and the same stronger voice at work when they have a union contract that treats everyone the same regardless of race, gender, or economic background. We will always stand together as a Union to fight for the rights of every member. 

Right now, that means unequivocally and unapologetically standing for racial justice, standing against violence in any form, and truly acting as a union. When we lock arms with our brothers and sisters, we cannot let our differences divide us. 

Words are not enough. Let's move beyond social media posts and support each other with actions not just words. Join a peaceful protest - many are scheduled throughout this week and weekend. Donate time or financially to a civil rights advocacy group. Register everyone in your family and all your friends to vote in this year's election - and then spread the word to your neighborhood, your church, you social groups and more.  Be an activist in your union and in your community. 

Solidarity Forever.

CWA is proud to represent the employees of Burlington County! Not only are our members on the frontlines of the testing site in Westampton they are also behind the scenes processing data, documenting contract tracing and continuing to provide essential services to the public. Also a special thanks to our members of the Medical Examiner’s office who have the task of caring for the members of the public and their families during extremely sad circumstances. Everyone is going above and beyond to serve the public.

CWA Supports a $500 Billion Rescue Fund for State and Local Governments currently under negotiations in Congress.

Do you?  

Senator Menendez (NJ - D) and Senator Cassidy (LA -R ) are sponsoring a bill for a $500 billion fund for state and local governments. The bill is supported by both Republican and Democratic governors all over the country. 

STATES, COUNTIES AND MUNICIPALITIES need this budget assistance to prevent reduction in public services. 

Please send an email to your Member of Congress and tell them to sponsor and support this bill.  

Don't delay! Act now. 

Unions are working not only to protect our membership that are working during this coronavirus crisis, but we are concerned with how and when the economy will re-open. Workers' rights need to be protected, not sacrificed, to get the national and state economy back on track. 

For more information, see the AFL-CIO Priorities to Address the Coronavirus