AGREEMENT BETWEEN
ASTOR CORPORATION
PETROWAX REFINING DIVISION
EMLENTON PLANT
AND
OIL, CHEMICAL AND ATOMIC WORKERS
INTERNATIONAL UNION
AND
LOCAL 8-481
FEBRUARY 1, 1996 - JANUARY 31, 1999
TABLE OF CONTENTS
PAGE
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Article I. - RECOGNITION. . . . . . . . . . . . . . . . . . . . . . . . .1
Article II. - HOURS OF WORK AND OVERTIME . . . . . . . . . . . . . . . . .2
Article III. - VACATION . . . . . . . . . . . . . . . . . . . . . . . . . .9
Article IV. - SICK AND ACCIDENT BENEFITS . . . . . . . . . . . . . . . . 12
Article V. - FUNERAL BENEFITS . . . . . . . . . . . . . . . . . . . . . 13
Article VI. - WORKERS' REPRESENTATION AND METHOD OF SETTLING
DISPUTES. . . . . . . . . . . . . . . . . . . . . . . . 13
Article VII. - ARBITRATION. . . . . . . . . . . . . . . . . . . . . . . . 16
Article VIII. - SENIORITY. . . . . . . . . . . . . . . . . . . . . . . . . 17
Article IX. - COLLECTION OF DUES . . . . . . . . . . . . . . . . . . . . 22
Article X. - BULLETIN BOARDS. . . . . . . . . . . . . . . . . . . . . . 23
Article XI. - SAFETY AND HEALTH. . . . . . . . . . . . . . . . . . . . . 23
Article XII. - MILITARY AND JURY SERVICE. . . . . . . . . . . . . . . . . 26
Article XIII. - PHYSICAL EXAMINATIONS. . . . . . . . . . . . . . . . . . . 27
Article XIV. - EMPLOYEES NOT INCLUDED . . . . . . . . . . . . . . . . . . 27
Article XV. - NONDISCRIMINATION. . . . . . . . . . . . . . . . . . . . . 28
Article XVI. - SAVINGS CLAUSE . . . . . . . . . . . . . . . . . . . . . . 28
Article XVII. - PLANT CLOSURE. . . . . . . . . . . . . . . . . . . . . . . 28
Article XVIII. - RATE RETENTION . . . . . . . . . . . . . . . . . . . . . . 29
Article XIX. - WAGE RATES . . . . . . . . . . . . . . . . . . . . . . . . 29
Article XX. - 401K PLAN. . . . . . . . . . . . . . . . . . . . . . . . . 29
Article XXI. - INSURANCE. . . . . . . . . . . . . . . . . . . . . . . . . 29
Article XXII. - MANAGEMENT RIGHTS. . . . . . . . . . . . . . . . . . . . . 30
Article XXIII. - ENTIRE AGREEMENT . . . . . . . . . . . . . . . . . . . . . 31
Article XXIV. - DURATION AND EFFECTIVE DATE OF AGREEMENT . . . . . . . . . 31
ADDENDUM - BASE WAGE RATE - SHIFT EMPLOYEES . . . . . . . . . . . . . 33
ADDENDUM - BASE WAGE RATE - DAY EMPLOYEES - MAINTENANCE
DEPARTMENT . . . . . . . . . . . . . . . . . . . . . . 34
ADDENDUM - BASE WAGE RATE - DAY EMPLOYEES - MISCELLANEOUS . . . . . . 35
ADDENDUM - BASE WAGE RATE - DAY EMPLOYEES - LABORER
CLASSIFICATION. . . . . . . . . . . . . . . . . . . . . 36
ADDENDUM B - PROGRESSION SCHEDULES . . . . . . . . . . . . . . . . . . 37
APPENDIX A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
APPENDIX B - LIGHT/RESTRICTED DUTY PROGRAM. . . . . . . . . . . . . . . 41
AGREEMENT
THIS AGREEMENT, made and entered into this 1st day of February, 1996
between ASTOR CORPORATION, EMLENTON PLANT (hereinafter referred to as the
"Company"), and OIL, CHEMICAL AND ATOMIC WORKERS INTERNATIONAL UNION, and LOCAL
NO. 8-481 (hereinafter referred to as the "Union").
WITNESSETH
WHEREAS, the majority of the production and maintenance employees of
the Company's refinery located at Emlenton, Pennsylvania, have heretofore
organized themselves into said Union as the exclusive bargaining agency for all
said production and maintenance employees as to their rates of pay, wages, hours
of work, and other conditions of employment at said refinery.
NOW, THEREFORE, the parties to this Agreement after conference for the
purpose of continuing and improving the relations between the Company and said
employees with respect to pay, wages, hours of work, and other conditions of
employment agree as follows:
Article I. - RECOGNITION
A. The Company will not interfere with the rights of its employees
to become members of the Union, and agrees that there shall be no
discrimination, interference, restraint, or coercion by it or any of its agents
against any employee because of membership or lawful activity in the Union.
B. It is agreed that the officers, agents, and members of the Union
shall not intimidate or coerce nonmembers, solicit membership, or conduct Union
business during working hours.
C. It shall be a condition of continued employment that all
employees of the Company covered by this Agreement who are members of the Union
in good standing on the effective date of this Agreement shall remain members in
good standing and those who are not members on the effective date shall, within
one hundred and twenty one (121) days of the effective date of this Agreement,
become and remain members in good standing in the Union. It shall also be a
condition of continued employment that all employees covered by this Agreement
hired on or after its effective date shall, not later than the one hundred and
twenty first (121st) day following the beginning of such employment, become and
remain members in good standing in the Union.
D. The Company will, within three (3) working days after receipt of
notice from the Union, discharge any employee who is not in good standing in the
Union as required by the preceding paragraph.
E. The Union shall indemnify and save the Company harmless against
any and all claims, demands, suits or other forms of liability in any manner
arising out of or by reason of action taken or not taken by the Company for the
purpose of complying with any of the provisions of this Article.
Article II. - HOURS OF WORK AND OVERTIME
A. The normal work week shall be from 12:00 midnight Sunday to 12:00
midnight the following Sunday, and the pay period shall cover two (2)
consecutive weeks. The method of pay shall be bi-monthly and pay day shall be
every other Friday.
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The Company reserves the right to modify the work week for legitimate
business reasons.
B. All work performed by employees covered under the terms of the
Agreement shall be done by employees termed "shift" employees and 'day"
employees. The term "shift' employees as used herein shall be deemed to mean
employees who are regularly employed for a specified shift in the course of a
continuous twenty-four (24) hours per day operation, seven (7) days per week.
All other employees shall be deemed "day" employees.
C. 1. Eight (8) hours shall constitute a workday. Forty (40)
hours shall constitute a workweek; all time over eight (8) hours in any one day
or over forty (40) hours in any one week shall be overtime and will be paid for
at one and one-half (1 1/2) times the rate of pay. In computing the workday and
workweek for overtime purposes, all hours worked at premium rates of pay as
defined by Wage-Hour regulations shall be excluded; except, on the weekly basis,
hours worked on the holidays enumerated elsewhere in this Article. In addition,
if an employee works his or her eight (8) hour straight time shift, any hours
worked consecutively by that employee continuing beyond the end of the eight (8)
hour straight time shift shall be paid at 1 1/2 times their applicable rate,
whether or not the total continuous hours of work fall into the same workday or
workweek.
2. The Union recognizes that some overtime work is necessary in
the conduct of the Company's business and that the employees must accept such
overtime work when it is assigned to them unless the employees present good and
legitimate reasons that excessive personal hardship will be involved in such
overtime work. It is agreed and understood that employees may refuse overtime
work when the
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rate for such overtime is lower than that they normally received in their own
classification.
D. l. Overtime will be distributed equally as practical within a
classification and posted and revised every thirty (30) days. If an employee,
otherwise entitled to overtime is not offered it, there will be no pay for the
lost overtime opportunity, however, the situation will be rectified by offering
the employee the next available overtime. If the next available overtime is not
offered, the employee will be paid for the lost time.
2. Shift breakers' overtime earned in the yard will be carried
into the units. Overtime earned in the units will be carried back into the yard.
In the future, total overtime, regardless of where earned, will be considered
for overtime assignment for shift breakers only.
E. When maintenance employees are called out for duty at a time
other than their regular schedule and with less than seven (7) hours notice,
they will be paid for the time actually worked on call at one and one-half
(1 1/2) times their regular rate plus a bonus for each call equivalent to two
(2) hours at their regular rate, except for time actually worked on call during
the holidays specified in the Agreement, they will be paid two and one-half
(2 1/2) times their regular rate._
F. When telephone communication is available, should the Company
fail to notify employees regularly employed not to report for work at their
regular time, and such employees, in the absence of such notice, report for
work, they shall receive or be paid for four (4) hours work.
G. Shift workers shall be permitted to change shifts or days off
under certain conditions, such as funerals or other important personal reasons,
that are not
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likely to be recurring. Such shift employees may substitute work schedules among
themselves, within any given twenty-four (24) hour period from midnight to
midnight, under the following conditions: (1) approval of the superintendent or
delegated assistant is secured; (2) the time cards must show the hours worked;
(3) provided such changes do not work any overtime penalty to the Company.
H. 1. When shift employees are required to fill the place of other
shift employees, they shall receive the rate of pay that applies to that
particular job. When a Department or a Unit in a Department is shut down for
repair, cleanout, or inspection, the regular employees in the Department or on
the Unit involved shall be used to assist in doing the aforesaid work at their
regular rate of pay before bringing in employees from other Departments. When
shift employees are assigned to work elsewhere because of a temporary shutdown
of a refining operation, they will receive their regular rate of pay.
2. Any day workers engaged in maintenance and construction work
when temporarily assigned to a higher rate job, shall receive the higher rate,
and will return to their former rate at the conclusion of the temporary
assignment.
3. Employees are expected to perform any duties to which they
may be assigned, provided that it does not conflict with the provisions of this
Agreement.
4. As a normal practice, regular day workers will have two
consecutive scheduled days off per week. However, it is understood that this
does not limit a day worker to five working days per week if additional work
time is required for the efficient operation of the plant. It is further
understood that shift breakers and extra breakers are excluded from this
provision.
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5. The Company agrees to post work schedules uniformly in all
plants as nearly as possible. Both plants are now posting schedules for shift
departments only, and these are being posted by Wednesday afternoon of each
week. It has not been the practice to post day workers' schedules unless there
is a turnaround or some other unusual maintenance work.
6. Any maintenance employee working his lunch hour will be paid
overtime and given time to eat later without reduction in pay.
I. 1. Two and one-half (2 1/2) times the rate of pay will be paid
for all time worked on the following holidays:
New Year's Day Thanksgiving Day
Good Friday (eff. 2/1/98) First Day Buck Season
Memorial Day Veterans Day
Fourth of July Day before Christmas
Labor Day Christmas Day
Any holiday that falls on Saturday shall be observed on Friday by all
"day employees"; any holiday that falls on Sunday shall be observed on Monday by
all "day employees"; and said employees shall be paid for the holiday on the day
which they are off. All "shift employees" shall observe all holidays on the days
on which they fall and be paid for said holidays on the observed days.
If Christmas falls on a Saturday, the holiday will be observed on
Friday and the day before Christmas will be observed on Thursday. If the day
before Christmas falls on Sunday, it will be observed on the previous Friday.
2. Employees covered by this Agreement who have completed 120
calendar days of continuous active employment shall be paid at their regular
straight time rate for the holidays enumerated above when not required to work
on such holidays.
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3. Employees shall receive no holiday pay in accordance with
this article if:
(a) They have failed to work their last regularly scheduled
work day preceding the holiday and the next scheduled work day following the
holiday unless they are ill and present a doctor's certificate certifying to
their illness, or are absent because of the death of a member of their immediate
family or are absent because of jury duty. In any of these cases, they will be
eligible for pay for the holiday if they have worked three days of the seven
calendar days immediately preceding the holiday and three days of the seven
calendar days immediately following the holiday. Employees will be eligible for
pay for a holiday which occurs within the first thirty (30) days from the date
of illness upon presenting a doctor's certificate certifying to their illness.
In no event will holiday pay, funeral benefits, jury pay, or overtime be
duplicated or pyramided.
(b) A holiday falls during their leave of absence, absence
for disability, or layoff
(c) They refuse to work on a holiday.
4. Holidays paid for but not worked shall be used in computing
overtime for the week in which the holiday is observed for day workers only.
J. 1. All shift employees covered under the terms of this
Agreement shall be paid, when working the 4:00 P.M. to 12:00 Midnight shift, a
premium of fifty (50) cents per hour and, when working the 12:00 Midnight to
8:00 A.M. shift, a premium of $1.00 per hour.
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2. The parties agree that the shift differential will be paid
at the appropriate rate for all hours worked between 4:00 P.M. and 8:00 A.M. on
previously scheduled shifts for day workers. It is agreed that this will not
apply to the period of 7:00 A.M. to 8:00 A.M. for normal day workers' starting
time.
3. The above listed shift differentials will be included in the
base rates of pay when computing overtime.
K. 1. The matter of job security for the Company's present
refinery employees was discussed during contract negotiations. The Company
stated to the Union Committee, the Company's desire to provide job security for
the Company's present employees consistent with the needs of the business and
the efficient operation of the refinery. In order to provide job security
consistent with these principles during the term of the contract agreement:
(a) The Company will use emphasis in placing primary
reliance on its present employees in the performance of work in the plant that
they regularly and consistently perform.
(b) The Company hereby assures the Union that it desires to
accomplish future technological improvement and installation of new units and
equipment without layoff of present personnel of the Bargaining Unit. It shall
be the intent of the Company to only use outside contractors to supplement the
basic work force for legitimate business reasons. When employees are on layoff,
before subcontracting, the Company will meet with the Union to discuss the
potential use of the laid off employees. The Company shall give at least sixty
(60) days written notice prior to layoff. Thereafter, either party may request a
meeting with the other to
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discuss ways and means of avoiding the layoff or lessening the effect on the
employees involved.
L. 1. Should employees be required to work (2) hours or more
immediately preceding or following their scheduled hours of work, the Company
will provide a suitable lunch allowance to buy lunch if the employee so desires.
However it is understood that employees will not qualify for such a lunch
allowance until they have been on the job ten (10) hours or more and they will
not be paid for their time while eating lunch. A limit of $7.50 cost per lunch
is hereby established based on $7.50 supplying a suitable lunch. Meal tickets,
when issued, must be utilized within seven (7) calendar days or such tickets
shall be void.
2. Should employees be required to continue their overtime
through a second normal meal period of more than six (6) hours, they shall be
provided with a second lunch allowance to buy lunch if so desired. They will not
be paid for time while eating lunch. In cases where the Company is unable to
provide an employee with a lunch or lunches, such employee shall be paid the
same amount as is required to furnish a suitable lunch in lieu of said lunch up
to a maximum of $5.00.
Article III. - VACATION
A. All employees covered by this Agreement with less than one (1)
year of service prior to January 1st, will have their vacation prorated for that
period only. Thereafter, the present vacation qualification date of January 1st
will apply. However, the employees qualifying for prorated vacation under this
provision must complete 120 calendar days of continuous active employment with
the Company before they may exercise this vacation right.
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B. All employees covered by this Agreement who have been in the
continuous employ of the Company for one (1) year prior to January 1st in any
year will receive two (2) weeks' vacation with pay. All employees covered by
this Agreement who have been in the continuous employ of the Company five (5)
years or more prior to January 1st in any year will receive three (3) weeks'
vacation with pay. All employees covered by this Agreement who have been in the
continuous employ of the Company ten (10) years or more prior to January 1st in
any year will receive four (4) weeks' vacation with pay. All employees covered
by this Agreement who have been in the continuous employee of the Company Twenty
(20) years or more prior to January 1st in any year will receive five (5) weeks'
vacation with pay. Vacations must be taken between January 1 of the qualifying
year and December 31. Vacations shall be compulsory.
An employee who has achieved vacation eligibility for four (4) or more
weeks of vacation may elect to take one (1) scheduled week of annual vacation
one (1) day at a time or in any combination of days. This provision is subject
to the following conditions:
1. The absence must be for a full day or days on which the
employee is scheduled to work.
2. Approvals for this "split week" vacation shall be made on a
"first come" basis. Split week vacation days cannot be
scheduled during the vacation posting period.
3. All requests for split week vacation days must be scheduled
by twelve noon of the Tuesday prior to the contract work
10
week. Any exception to this shall be made at the Company's
sole discretion.
4. All other provisions of the vacation policy shall apply to
these split vacation days.
C. For the purpose of establishing the initial vacation requirement
of one continuous year, no deductions shall be made for any layoffs of less than
thirty-one (31) days.
D. Vacation compensation will be based upon the hourly rate which
employees are receiving at the time of taking their vacation based on a forty
(40) hour workweek.
E. New employees qualifying for prorated vacation will receive pay
in lieu of time off for any fraction of a full day to which they may be
entitled.
F. Employees not required to take their full vacation during the
general plant shutdown shall take it at a time mutually agreeable between the
employee and the Company in line with departmental seniority. Employees must
signify their choice of additional vacation time within thirty (30) days after
"Choice of Vacation" Forms have been distributed, or have their vacation time
scheduled by the Company. "Choice of Vacation" Forms must be posted by September
1 for the vacation period starting the following January. Vacation schedules
will be posted in all departments.
G. Vacation eligibility requirement is: Absences of 45 cumulative
calendar days or less - no deduction; 46 to 90 day cumulative days --deduct
1/12 (of vacation); for every 45 day period of absence thereafter, deduct 1
additional 1/1 2 (of vacation). To reinstate eligibility for consideration
under the initial 45 calendar day
11
period, the employee must complete one month of scheduled work. This requirement
will not apply to absences for on-the-job injuries or to approved absences for
union business.
H. The Company will prorate employee's vacations in all cases of
terminations except discharge for cause. In the event of death the full
qualification period will not be required.
Article IV. - SICK AND ACCIDENT BENEFITS
A. In addition to any Group Accident and Health or Compensation
benefits that may accrue to employees under existing policies, it is agreed that
full-time employees, while unable to perform their duties for more than two (2)
days due to sickness or injury, who have completed 120 calendar days of
continuous active employment with the company shall be paid at the rate of
three-quarters (3/4) of their regular rate of pay for worktime lost in excess of
said two (2) days within the first seven (7) days of their disability.
B. In the case of disability absence from on-the-job injuries that
develop into compensation insurance payments beginning on the eighth (8th) day
of such disability, full normal wage payments will prevail under the same
limitations within the first seven (7) days; however, should such disability
absence resulting from an on-the-job injury be longer than two (2) weeks, full
normal wage payments will be made for all worktime lost within the first seven
(7) days.
C. The total benefit paid for any disability claim shall not exceed
the full straight time hourly rate of the employee for the first seven (7)
calendar days of the disability.
12
D. The Company's Light/Restricted Duty Program is attached hereto as
Appendix "B".
E. The weekly non-work related Health and Accident Benefit shall be
$235.00. Said benefit shall increase to $245.00, effective 2/1/97, and to
$255.00, effective 2/1/98.
Article V. - FUNERAL BENEFITS
A. When it is necessary for employees to be absent from work on
account of the death and funeral of either spouse, child, stepchild, father,
mother, sister, brother, father-in-law, mother-in-law, or, if living in the
employee's household, "in-law" or grandparents, including the spouses
grandparents, the Company will reimburse them at straight time for scheduled
worktime lost not exceeding three (3), eight (8) hour days. In all other cases
concerning the death of grandchildren, "in-laws" or grandparents, including the
spouses grandparents, not exceeding one (1), eight (8) hour day, unless unusual
travel time or other extenuating circumstances may fairly justify partial or
full extension or reimbursement up to the other three (3) days limit.
B. It is understood in all cases that for the sake of efficiency in
plant operation, the employee will need to make prior arrangement with the
Superintendent or delegated assistants in order to receive this benefit.
Article VI. - WORKERS' REPRESENTATION AND METHOD OF SETTLING
DISPUTES
A. A Workers' Committee is hereby established and shall consist of
not more than five (5) members chosen by the Union from and among the production
and maintenance employees of the Company, and there shall be not more than one
(1)
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member chosen from any one Department, except that, if the President and Xxxxxxx
Chairperson are on the committee, they may be from the same department. The
Committee shall designate one (1) of its members to act as Chairperson.
B. A regular meeting of the Committee and the Company shall be held
at the office of the Company at the plant on the second Wednesday of each month,
unless otherwise mutually agreed; provided, however, that emergency meetings may
be held by mutual agreement. The Company shall keep minutes of the proceedings
and shall provide a copy of such minutes to the Union Committee. The Union
Committee shall have two (2) weeks to file a written objection to the contents
of the minutes. If no such objections filed, the minutes shall be final.
C. The names of the members of the Workers' Committee, together with
the name of the Chairman thereof, and any change in personnel thereof, shall be
certified to the Company from time to time by the proper officers of the Union
and under the seal thereof.
D. All complaints arising from discharge must be presented within
five (5) days from the date of discharge excluding Saturdays, Sundays, and
holidays. The hearing shall be confined to the charges contained in the written
complaint.
E. In the event any employee is discharged after the date hereof,
and believes such discharge unjustified, such a discharge shall constitute a
case arising under the Methods of Settling Disputes provided for herein. Unless
such complaint is in writing, setting forth the reason therefore, and is filed
with the Workers' Committee and presented by that Committee to the Company
within five (5) days from the date of discharge, excluding Saturdays, Sundays,
and holidays, it shall not be entertained. All discharge complaints, if properly
filed, must be determined, if possible, within (5)
14
days from the date of filing. In the event it should be finally determined that
such discharge was not justified, the employee shall be reinstated with or
without pay for all or part of the lost time, as may be agreed upon by the
parties or directed by arbitration.
F. Members of the Committee attending necessary and duly-called
meetings during their regular hours will be afforded such time off without loss
of pay as may be reasonably required for such purposes, provided, twenty-four
(24) hours' notice is given departmental Supervisors. Committee members will not
perform their duties with respect to the investigation of disputes during
working hours without first obtaining approval from their supervisor. The
Company, in considering a request for approval, recognizes that certain work
related grievances are of such a nature that they may need to be addressed
immediately.
G. Should any difference arise between the Company and the Union as
to the meaning, application, or violation of any of the provisions of this
Agreement, or should any local trouble of any kind arise, there should be no
suspension of work on account of such differences until an xxxxxxx effort shall
be made to settle them promptly in the following manner:
1. Between the employees who may be accompanied by a
representative of the Union and the Supervisor of their department.
2. If settlement is not thus obtained, the case may be
presented to the Plant Manager or designated representative, in writing, by the
Workers' Committee within ten (10) calendar days after the date upon which the
alleged grievance occurred. Within ten (10) calendar days thereafter, the Plant
Manager or designated representative shall render a written decision.
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3. If satisfactory results have not been obtained by following
the foregoing procedure, the case will then be submitted within fifteen (15)
calendar days from the Plant Manager's answer to a representative of the
International Organization of the Union and an executive of the Company or
designated representative. A written decision shall be rendered within fifteen
(15) calendar days of this meeting. Additional time, if necessary, will be
subject to mutual consent of both parties.
4. In the event the dispute shall not have been satisfactorily
settled in the proceeding steps, the matter will then be submitted to
arbitration within thirty (30) calendar days thereafter.
Article VII. - ARBITRATION
A. Should any question arise as to the meaning or interpretation of
any of the provisions of this Agreement, there shall be no suspension of work on
account thereof, but the matter shall be submitted to the Federal Mediation and
Conciliation Service who may be requested to furnish the Company and the Union a
list of seven (7) qualified members from the panel of arbitrators. The Union and
the Company will thereupon eliminate three (3) names each within seventy-two
(72) hours, excluding Saturdays, Sundays, and holidays, and the one remaining
shall arbitrate the issue.
B. The fee and expense of the arbitrator shall be borne equally by
the Union and the Company.
C. The decision of the arbitrator shall be final and binding upon
both parties, and may not be effective prior to the date on which the grievance
was first presented to the Supervisor.
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D. The arbitrator shall not have the power to add to, subtract from,
or alter or modify in any way any of the provisions of this Agreement.
Article VIII. - SENIORITY
A. Employees shall have plant seniority and department seniority.
B. 1. In filling vacancies, the employer accepts the principle of
exercising due regard for the length of service, taking into account ability and
efficiency, and the general practice will be followed by promoting those who by
length of service and ability shall be deemed to have earned promotion to
regular jobs.
2. The oldest employees in point of service shall be given
preference when making promotions with their record and ability and efficiency
being given due consideration. Nothing in this Agreement shall, however,
interfere with the right of the Company to promote any individual for unusually
meritorious service or exceptional ability to special and out-of-the ordinary
jobs.
3. On layoffs and reemployment, plant seniority will apply.
The last employee hired shall be the first employee to be laid off in case of a
reduction of the plant's working force. The last employee laid off shall be the
first employee reemployed. Employees having departmental seniority and
reemployed shall return to their respective department in accordance with their
departmental seniority.
C. Seniority of employees working under this Agreement shall begin
after one hundred twenty (120) calendar days of continuous active employment by
the Company. It is understood that the Company is not required to reemploy any
former employee who has been laid off more than one (1) year.
D. 1. Departmental seniority shall commence on the date on which
employees join the department, and shall be continuous as long as they remain
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in that department. It is understood that departmental seniority shall be
accumulative. When adding to any department, employees with the most accumulated
seniority in that department shall be given first opportunity.
2. In case of any permanent discontinuance of a department or
any operation therein, employees affected will be allowed to exercise any
departmental seniority which they may hold in another department and displace
therein any employee with less departmental seniority than themselves.
E. It is agreed that full seniority protection will prevail also on
the following daylight job: Xxxxxx.
F. Any transfer within a department, or from one department to
another department, when for a period of less than thirty (30) calendar days,
shall be classed as temporary. Said thirty (30) day period may be extended by
mutual agreement of the Company and the Union. An employee so transferred shall
receive the rate of pay applicable to the job to which the employee was
transferred or the employee's regular rate of pay, whichever is higher. The rate
will be paid for actual hours worked with any part of an hour counting as a full
hour. A regular move within a job sequence shall not be considered a temporary
transfer and shall be governed by provisions of this Agreement.
G. Employees not working due to sickness shall accrue seniority
while sick up to one (1) year. Thereafter they shall continue to accrue
seniority upon presentation of a doctor's certificate mutually agreeable to both
parties. It is not the intent of this paragraph to place employees in a job for
which they have not been trained.
18
H. 1. All shift jobs that become open will be posted within one
(1) week for a period of at least five (5) working days. Bids shall be submitted
for the job and the senior day employee bidding with the necessary
qualifications shall be chosen for the lowest paid job in a department, and
other operators in this department shall move to the job next higher up. An
employee who cannot move up in a sequence because of a disqualification, medical
or otherwise, shall be demoted to the bottom, full-time, five (5) day position
in the sequence and shall again proceed to move up the sequence. If the employee
is thereafter disqualified for any reason, the employee shall be displaced from
the department and must bump the junior employee, using plant seniority, in the
Helper or Extra classification, in any other department. The vacancy ultimately
created by utilizing this procedure shall be filled under the terms of the
collective bargaining agreement. The Company reserves the right, at its expense,
to require an employee who produces medical certification to submit to an
examination by a doctor chosen by the Company.
2. On entry level classification shift jobs, a minimum ten (10)
workday probationary period will be granted if the employee so desires.
Following successful completion of this probationary period, the employee will
receive the full rate for the job. On subsequent upgrades, similar training will
be provided if necessary.
I. l. All jobs that become open in the lowest rated classification
in the day force (above the classification of laborer) will be posted for bid
for at least five (5) working days and the senior employee with the necessary
qualifications will be chosen for the job. Addendum B lists normal lines of
progression for day workers.
19
2. When entry level classifications (Electrician-Instrument
Helper, Helper B Insulator, Helper B Mechanic, Helper B Pipefitter, Helper B
Welder) are bid in the Maintenance Department, a ten (10) workday probationary
period will apply. Where an employee bids directly into the Painter, Rigger, or
Xxxxxxxxx classification, a thirty (30) workday probationary period will apply.
Following satisfactory completion of this probationary period, the employee will
receive the full rate for the job.
If an employee has one (1) year of seniority or more at the time a job
bid is awarded to the employee, the employee shall be placed on the bid job
within forty-five (45)days of the award or, commencing on the forty-sixth (46th)
day, shall receive the shift breaker rate on said job.
J. The successful bidder who accepts any day or shift job will be
required to serve at least one full year in the department or unit before
becoming eligible to give up the job or bid on another classified job except in
the case of health, incompetence, or unusual hardship cases.
K. Those employees bidding shall place a bid in a bid box furnished
by the Company and also in a box belonging to the Union.
L. After bids have been submitted, any deviation in seniority shall
be made the subject of a conference between a Workers' Committee of three (3)
and the Company prior to placement of any employee in the position.
M. Employees who have been laid off and fail to report for duty
within five (5) days after they are notified by registered letter (copy of which
will be sent to the Local Union Secretary), shall lose their seniority rights,
unless prevented by actual illness, accident, or excessive distance to be
traveled, in which event the
20
period will be extended to fifteen (15) days. To protect their seniority, it is
the employees' responsibility to keep their Supervisor informed of their proper
home address.
N. Employees may be given a trial period. In case of their failure
to qualify for the job, they shall resume the job originally vacated and accrue
seniority for the trial period.
O. Failure to qualify for any job during the trial period shall act
as a bar to an additional trial for the same job, within six (6) months, but
shall not disqualify such employee's right to bid on any other job openings.
P. Employees covered by the terms of this Agreement, who move out of
the bargaining unit, prior to February 1, 1996, to accept other positions with
the Company, shall retain the Plant and Departmental seniority which they have
acquired while in the unit. In the event they return to the bargaining unit,
they may exercise whatever Plant and Department seniority they held at the time
they left the bargaining unit. However, when employees are promoted to a
supervisory job within their department, they shall accumulate Departmental
seniority in that Department. Persons who are promoted out of the bargaining
unit subsequent to February 1, 1996, and later return to the bargaining unit,
shall be treated in the same manner as newly hired employees.
Q. Seniority lists have been compiled and will be kept available at
all times to the Workers' Committee or to any employee.
R. Leaves of absence will be granted without pay to not more than
two (2) employees limited to one (1) from any single department of under fifteen
(15) shift employees, or two (2) employees on different shift jobs from any
single
21
department of fifteen (15) or over, at any one time to attend conventions,
council meetings, or conferences of the union not to exceed thirty (30) working
days each in any one calendar year. A six (6) months' leave of absence without
pay will be granted by the Company to one (1) Union member provided, however,
that such member is not a key employee whose absence would cause the Company
undue hardship. Such leaves will involve no loss of seniority. For any leave of
absence, the employee must be an active employee of the Company.
S. The Company agrees to provide the availability of family leave to
all employees in the event of a birth or adoption of a child or the serious
illness of a child, spouse or parent. The leave will be without pay and will be
granted for up to a maximum of twelve (12) weeks in a twelve (12) month period.
Any employee may request more than one family leave within a twelve (12) month
period, but the total time on leave within that period may not exceed twelve
(12) weeks.
Credited service will accrue during the period covered by the family
leave of absence. The leave will be granted with the understanding that the
employee will be reinstated to the position held prior to the leave or to a
comparable position.
ARTICLE IX. - COLLECTION OF DUES
A. Upon receipt of written request from any employee, the Company
shall cooperate with the Union in the collection of dues by deducting from the
wages due said employee each month the regular monthly dues specified therein as
fixed by the Union. All money so deducted by the Company shall be paid to the
Treasurer of the Union within seven (7) working days after said deductions are
made, provided, however, before paying any dues the Company shall first deduct
from any wages due an employee all monies due the Company from said employee.
22
ARTICLE X. - BULLETIN BOARDS
Two bulletin boards, placed in convenient locations, shall be
furnished by the Company for Union notices concerning meetings, dues,
entertainment, health, safety, and miscellaneous reports. All notices must carry
the Union seal.
ARTICLE XI. - SAFETY AND HEALTH
A. It is mutually agreed that efforts of both the Company and the
Union shall be directed to maintaining all equipment and tools in safe and
efficient working order, and that the lawful Regulations and Safety Codes
adopted by the department of Labor and Industry, Commonwealth of Pennsylvania,
as they affect this industry in the interest of protecting the safety and health
of employees, will be observed by both the Company and the employees.
B. Inspection of any equipment or working conditions for safety
purposes may be secured upon request of any employee working on that equipment
or under those conditions, such inspection to be made by the Plant Manager or
designated assistants, together with the Supervisor in charge and the employee
making the request.
C. 1. There shall be established a joint labor-management health
and safety committee, consisting of two employee representatives of the Union
and two representatives of Management. Lost time accidents will be investigated
by the Joint Safety Committee in accordance with procedures to be developed by
the Joint Safety Committee.
2. The Company will, at its expense, provide training for the
Union-represented Health and Safety Committee members. Such training shall not
23
exceed five (5) days per trainee and shall take place twice during the three
year Agreement.
It is understood that this training will be conducted by qualified
individuals, institutions, or organizations recognized in the field.
D. The Company will, from time to time, retain at its expense
qualified independent industrial health consultants, subject to the approval of
the International Union President or his designee and the Company, to undertake
industrial health surveys, as decided upon by the committee, to determine if any
health hazards exist in the work place.
E. Such surveys will include measurements of the exposures in the
work place, the results of which will be submitted in writing to the Company,
the International Union President, and the Joint Committee by the consultants,
and the results will also relate the findings to existing recognized standards.
F. The Company agrees to pay for appropriate physical examination
and medical tests at a frequency and extent necessary in light of findings set
forth in the industrial consultant's reports as may be determined by the Joint
Committee.
G. The Union agrees that each report shall be treated as privileged
and confidential to the extent that disclosure of information in the nature of
trade secrets will not be made without prior written approval of the Company.
H. At a mutually established time, subsequent to the receipt of such
survey reports, the Joint Committee will meet for the purpose of corrective
measures which are necessary in light of the industrial consultant's findings;
and to determine the means of implementing such corrective measures.
24
I. Within sixty (60) days following the execution of this Agreement,
and on each successive February 1st thereafter, the Company will furnish to the
Union all available current information on the morbidity and mortality
experience of its employees.
J. The Joint Committee shall meet as often as necessary, but not
less than once each month, at a regularly scheduled time and place, for the
purpose of jointly considering, inspecting, investigating, and reviewing health
and safety conditions and practices and investigating accidents, and for the
purpose of jointly and effectively making constructive recommendations with
respect thereto, including, but not limited to, the implementation of corrective
measures to eliminate unhealthy and unsafe conditions and practices, and to
improve existing health and safety conditions and practices.
K. All matters considered and handled by the Committee shall be
reduced to writing, and joint minutes of all meetings of the Committee shall be
made and maintained, and copies thereof shall be furnished to the International
Union President. Time spent in committee meetings by Union Representatives,
including walk around time during joint inspection and investigations, shall be
considered and compensated for as regularly assigned work.
L. In addition to the foregoing, the Company intends to continue its
existing industrial hygiene program as administered by Company personnel.
M. Any dispute arising with respect to the interpretation or
application of the provisions hereof shall be jointly reviewed by the
International President or designee and the President of the Company or designee
for the purpose
25
of resolving this dispute. Should the parties be unable to resolve such a
dispute, then the dispute shall be subject to the grievance and arbitration
procedure.
N. The Company shall furnish such employees as may be agreed upon by
the Workers' Committee and the Company the following working apparel: rain coat,
rain cap, and rubber boots. Each employee shall receive one dozen pair of
gloves, selected by the Company, on the employee's anniversary date of
employment.
0. The Company shall furnish flame retardant coats, pants, and
welding gloves for all Company welders.
P. The Company shall provide an equivalent cost safety incentive
program to the safety shoe program provided to employees covered by this
Agreement by Quaker State Corporation.
ARTICLE XII. - MILITARY AND JURY SERVICE
A. Any permanent, full-time employee who has completed 120 calendar
days of continuous active employment belonging to the United States Officers or
Enlisted Reserve or Pennsylvania National Guard shall be granted two (2) weeks
leave of absence in any one year to attend any required training, and will be
reimbursed by the Company for the difference between the compensation they would
have earned if working and any payment received from the Government. In
addition, an employee may receive a maximum of one additional week leave of
absence in the event of an emergency call-up because of state disaster or civil
disturbance control. Call-up to active duty status is explicitly excluded from
this provision.
B. It is understood that this Agreement is subject to the rights of
employees returning from military service as required by applicable State and
Federal
26
laws, court decisions, and regulations of any governmental agency charged with
enforcement of such laws.
C. In the event that employees are called for jury service,
employees will be reimbursed for the difference between their normal earnings
and that earned on jury duty.
ARTICLE XIII. - PHYSICAL EXAMINATIONS
A. Employees shall not be required, as a condition of continued
employment, to submit to a physical examination by a physician in the pay of the
Company or its agent, but shall submit to a physical examination by any
reputable physician agreed upon by both parties.
B. Applicants for employment may be examined by a reputable
physician chosen by the Company.
ARTICLE XIV. - EMPLOYEES NOT INCLUDED
A. Management personnel of the Company and their assistant,
supervisors, professional employees, and clerical employees are not included in
or affected by this Agreement. The term "supervisor' as used in this Agreement
refers to persons whose work consist substantially of supervising the work of
others.
B. Supervisors may work in classified or non-classified jobs unless
such action makes it necessary to layoff or demote an employee. Supervisors may
perform tasks involving instruction and demonstration, deminimus work and such
unit work as is made necessary because of difficulties in the operation. This
provision will not be used as a means of having a supervisor displace an hourly
employee from his/her work.
27
ARTICLE XV. - NONDISCRIMINATION
It shall be the continuing policy of the Company and the Union that
the provisions of this Agreement shall be applied to all employees without
regard to race, color, religion, sex, age, or national origin or other legally
prohibited reason.
ARTICLE XVI. - SAVINGS CLAUSE
If any term or provision of this Agreement is, or becomes, invalid or
unenforceable by government regulation or law, such invalidity or
unenforceability shall not affect or impair any other term or provision of this
Agreement.
ARTICLE XVII. - PLANT CLOSURE
A. The Company will notify the Union in writing at least ninety (90)
days in advance of a final decision to completely close the Emlenton Plant that
will involve permanent layoff or permanent transfer of bargaining unit
employees. The Company and Union will meet within fifteen (15) days after such
written notice for the purpose of discussing the effect of such closure on
bargaining unit employees, and to negotiate appropriate conditions for
transferred employees and benefits for employees who are permanently laid off.
B. In the event the parties are unable to arrive at a satisfactory
agreement, either party shall have the right to serve a sixty (60) day written
notice to terminate the Agreement. The Union shall have the right to strike, or
the Company shall have the right to lockout at the end of the sixty (60) day
period unless a mutual agreement has been reached.
28
ARTICLE XVIII. - RATE RETENTION
Employees, who by their own request, are granted a move down to yard labor must
return to the yard at the prevailing contract yard labor rate.
ARTICLE XIX. - WAGE RATES
A. A wage rate addendum will be provided the Union on request listing the wage
rates which the Company agrees to. Addendum A reflects current and projected
increases.
B. The Company agrees to place into effect the following hourly wage
increases:
Effective February 1, 1996......... Fifty (50 ) cents
Effective February 1, 1997......... Three and three quarters (3 3/4)
percent
Effective February 1, 1998......... Three and three quarters (3 3/4)
percent
ARTICLE XX. - 401K PLAN
Effective February 1, 1996, the 401K plan shall be changed to provide
that employees who contribute one percent (1%) or more of their gross wages to
the 401K plan shall receive matching funds from the Company in the amount of two
percent (2%) of said gross wages. The two percent (2%) match shall be increased
to three percent (3%), effective February 1, 1997.
ARTICLE XXI. - INSURANCE
The Company will continue to provide, during the terms of this
Agreement, the same or better life, accidental death, health, hospitalization,
dental, organ transplant, and disability insurance coverage as that previously
provided. Within ninety (90) days of February 21, 1996, the Company shall modify
its health
29
plan to provide "Select Blue" coverage. Employees shall pay (pre-tax where
legally permitted) twenty percent (20%) of the premium of either single or
family coverage,, whichever is desired. The Company will pay the balance of the
cost. If an employee is covered under any other insurance plan providing for the
same benefits or services, there shall be no duplication of coverage provided by
the Company. For employees who retire at age 62 and thereafter, and prior to age
65, the Company will continue said employee's coverage under the group health
and dental plan, for individual coverage only, for which the employee must
contribute twenty percent (20%) of the applicable premium. Said continued
coverage, at Company expense, shall end when the employee turns age 65. If an
employee is covered under any other insurance plan providing for similar
benefits or services, he/she shall not be entitled to such coverage at Company
expense as provided herein.
ARTICLE XXII. - MANAGEMENT RIGHTS
Except as limited by the express provisions of this Agreement, the
Union recognizes that the Company shall continue to have and retain the sole and
exclusive right and authority to administer and/or manage the Company's
business, to exclusively direct the working force and the employees covered
hereby and; in addition to other functions and responsibilities not specifically
mentioned in this Agreement and, therefore, without attempting to list herein
all of these management rights, but prominent among such rights, the right and
authority of the company shall include: the right to lease or sublease; the
right to expand, sell, move, transfer and/or terminate all or part of its
operations; the right to select, hire, and lay off employees and/or to determine
the size and composition of the Company's work force; the establishment and
determination of the required jobs in the plant, including the
30
right to eliminate or create new jobs, and the determination of reasonable
levels of productivity, quality and efficiency; the right to promote employees;
the right to discipline, suspend, or discharge employees for just cause; the
right to change or introduce any new or improved methods, materials, equipment,
or facilities; the right to determine the methods, techniques, and types of work
to be performed; the determination of the products to be manufactured; and the
right to make and enforce such rules and regulations as the Company may consider
necessary or desirable for the operation of its business. These management
rights are not all inclusive, but indicate the type of matters which belong to
and are inherent to the Company. The Company not exercising rights reserved to
it, or exercising them in a particular way, not be deemed a waiver of its
rights.
ARTICLE XXIII. - ENTIRE AGREEMENT
This Agreement supersedes and cancels all prior practices and
constitutes the complete understanding of the parties on the subject of wages,
rates of pay, hours of work, conditions of employment, and other matters subject
to collective bargaining. All employees' benefits and rights existing before the
effective date of this Agreement are superseded by this Agreement unless
expressly contained herein or otherwise agreed to by the parties.
ARTICLE XXIV. - DURATION AND EFFECTIVE DATE OF AGREEMENT
This Agreement shall continue from 7:00 A.M. February 1, 1996 to and
including, January 31, 1999, and unless terminated under the terms and
conditions of the Labor Management Relations Act, 1947, shall continue
thereafter until terminated by either party on sixty (60) days written notice,
one party to the other, or
31
amended by mutual consent. Upon written notice to the Company, no earlier than
November 1, 1999, the parties agree to negotiate with respect to the wages,
benefits, local issues, hours, and working conditions of a new collective
bargaining agreement. If the parties fail to reach an agreement within sixty
(60) days after said notice, the Union shall have the right to strike any time
thereafter, but not prior to February 1, 1999, without further notice,
notwithstanding any other provisions in this Agreement to the contrary. It is
agreed by the parties that any subsequent agreement or agreements reached within
the duration of the Agreement will be in conformance with applicable federal
laws, regulations, and standards.
IN WITNESS WHEREOF, the parties hereto have caused their names to be
subscribed by their duly authorized officers the day and year first above set
forth.
ASTOR CORPORATION, PETROWAX REFINING
DIVISION,
EMLENTON PLANT
By: /s/Xxxxxx X. Causen
--------------------------------
OIL, CHEMICAL AND ATOMIC WORKERS'
INTERNATIONAL UNION
By: /s/illegible
--------------------------------
OIL, CHEMICAL AND ATOMIC WORKERS'
INTERNATIONAL UNION, LOCAL NO. 8-481
By: /s/Xxxxx X. Xxxxx
--------------------------------
By: /s/illegible
--------------------------------
By: /s/Xxxxxxx X. Xxxxx, Xx.
--------------------------------
32
EMLENTON PLANT - LOCAL 0-000
XXXXXXXX
BASE WAGE RATE-SHIFT EMPLOYEES
BASE RATE BASE RATE BASE RATE BASE RATE
EFFECTIVE EFFECTIVE EFFECTIVE EFFECTIVE
08/01/95 02/01/96 02/01/97 02/01/98
RERUN DEPARTMENT
Operator $13.49 $13.99 $14.51 $15.06
Helper $12.62 $13.12 $13.61 $14.12
B.A.F. DEPARTMENT
Operator $13.49 $13.99 $14.51 $15.06
Refrigeration Attendant $13.04 $13.54 $14.05 $14.57
Filters Attendant $12.87 $13.37 $13.87 $14.39
B.A.F. Helper $12.62 $13.12 $13.61 $14.12
BOILER HOUSE DEPARTMENT
Operator $13.49 $13.99 $14.51 $15.06
Helper $12.97 $13.47 $13.98 $14.50
FILTER HOUSE DEPARTMENT
Operator $13.49 $13.99 $14.51 $15.06
Helper $12.89 $13.39 $13.89 $14.41
Retort and Clay Burn $12.60 $13.10 $13.59 $14.10
SHIPPING AND TRANSFER DEPARTMENT
Truck (Un)Loader $12.48 $13.22 $13.72 $14.23
CONTROL LABORATORY
Senior Day Tester $12.97 $13.47 $13.98 $14.50
Tester $12.69 $13.19 $13.68 $14.20
33
EMLENTON PLANT - LOCAL 0-000
XXXXXXXX
BASE WAGE RATE-DAY EMPLOYEES
BASE RATE BASE RATE BASE RATE BASE RATE
EFFECTIVE EFFECTIVE EFFECTIVE EFFECTIVE
08/01/95 02/01/96 02/01/97 02/01/98
MAINTENANCE DEPARTMENT
Electrician-Instrument
Technician $13.54 $14.04 $14.57 $15.11
Instrument Technician $12.82 $13.99 $14.51 $15.06
Electrician or Instrument
Technician 2nd Class $12.68 $13.18 $13.67 $14.19
Electrician or Instrument
Technician Helper $12.48 $12.98 $13.47 $13.97
Machinist $13.15 $13.65 $14.16 $14.69
Mechanic "A" $13.15 $13.65 $14.16 $14.69
Mechanic "B" $12.73 $13.23 $13.73 $14.24
Helper "B" Mechanic $12.34 $12.84 $13.32 $13.82
Pipefitter "A" $12.98 $13.48 $13.99 $14.51
Pipefitter "B" $12.62 $13.12 $13.61 $14.12
Helper "B" Pipefitter $12.34 $12.84 $13.32 $13.82
Welder $12.98 $13.48 $13.99 $14.51
Helper "B" Welder $12.34 $12.84 $13.32 $13.82
Rigger $13.07 $13.57 $14.08 $14.61
Head Xxxxxxxxx $13.07 $13.57 $14.08 $14.61
Xxxxxxxxx $12.82 $13.32 $13.82 $14.34
Insulator $12.74 $13.24 $13.74 $14.25
Helper "B" Insulator $12.34 $12.84 $13.32 $13.82
Painter $12.46 $12.96 $13.45 $13.95
34
EMLENTON PLANT - LOCAL 0-000
XXXXXXXX
BASE WAGE RATE-DAY EMPLOYEES
BASE RATE BASE RATE BASE RATE BASE RATE
EFFECTIVE EFFECTIVE EFFECTIVE EFFECTIVE
08/01/95 02/01/96 02/01/97 02/01/98
MISCELLANEOUS
Day Xxxxxx $12.60 $13.10 $13.59 $14.10
Truck Unloader $12.48 $13.22 $13.72 $14.23
Truck Driver/Backhoe
Operator $12.39 $12.89 $13.37 $13.87
Helper "B" Coal Unloader $12.34 $12.84 $13.32 $13.82
Shift Breakers & Extra Shift
Employees $12.33 $12.83 $13.31 $13.81
Tool Room Attendant $12.22 $12.72 $13.20 $13.69
Shop Janitor $12.17 $12.67 $13.15 $13.64
Truck Loader/
Pumper $12.48 $13.22 $13.72 $14.23
Waste Treatment Attendant $12.72 $13.37 $13.87 $14.39
Extra Waste Treatment
Attendant $12.17 $12.67 $13.15 $13.64
Warehouse Attendant $12.75 $13.25 $13.75 $14.26
Utility Worker EXISTING LABOR RATE
35
EMLENTON PLANT - LOCAL 0-000
XXXXXXXX
BASE WAGE RATE-DAY EMPLOYEES
LABORER CLASSSIFICATION
BASE RATE BASE RATE BASE RATE BASE RATE
EFFECTIVE EFFECTIVE EFFECTIVE EFFECTIVE
08/01/95 02/01/96 02/01/97 02/01/98
LABORERS EMPLOYED AFTER 1/8/82
START $7.79 $8.29 $8.60 $8.92
After 6 mo. $8.88 $9.38 $9.73 $10.10
LABORERS EMPLOYED AFTER 1/8/75
$11.35 $11.85 $12.29 $12.76
LABORERS EMPLOYED BEFORE 1/8/75
$12.17 $12.67 $13.15 $13.64
36
ADDENDUM B
PROGRESSION SCHEDULES
As Amended October 1, 1977
Following a series of joint Union-Management meetings, it was agreed
on February 21, 1975, the following progression schedules:
1. Lines of progression for the day employees will be as shown in
the attached diagrams.
2. Employees with a disability will be given first consideration
when filing a permanent vacancy in the valve repair work and shop
janitor assignments.
3. The day xxxxxx in the Filter House progression unit will become a
day employee as shown on the attached diagram.
4. Two (2) day employees in addition to the Rigger will be trained
to perform Rigging work. Permanent vacancies in the Rigger
classification will be posted for bidding.
37
PETROWAX REFINING
LINES OF PROGRESSION DAY EMPLOYEES
EMLENTON PLANT
----------------------------------------------------------------------------------------------------------
MISCELLANEOUS
----------------------------------------------------------------------------------------------------------
DAY XXXXXX TRUCK BACKHOE HELPER B TOOL ROOM TRUCKLOADER SHIFT/ WAREHOUSE WASTE WATER
UNLOADER OPERATOR COAL ATTENDANT PUMPER BREAKERS ATTENDANT TREATMENT
UNLOADER ATTENDANT
x x x x x x x x x
EXTRA WASTE
TREATMENT
ATTENDANT
x x x x x x x x x
x x x x x x x x x
BID BID BID BID BID BID BID BID BID
PETROWAX REFINING
LINES OF PROGRESSION DAY EMPLOYEES
EMLENTON PLANT
----------------------------------------------------------------------------------------------------------------------
MAINTENANCE
----------------------------------------------------------------------------------------------------------------------
ELECTRICIAN WELDER INSULATOR PAINTER RIGGER MECHANIC MACHINIST PIPEFITTER HEAD
INSTRUMENTS XXXXXXXXX
x x x x x x x x x
INSTRUMENT
TECH x x x x x x x XXXXXXXXX
x x x x x x x x x x
x x x x x x x x
ELECTRICIAN x x x x MECHANIC PIPEFITTER x
INSTRUMENT B B
TECH 2ND
x x x x x x x x
ELECTRICIAN
INSTRUMENT HELPER B HELPER B HELPER B HELPER B
TECH HELPER WELDER INSULATOR MECHANIC PIPEFITTER
x x x x x x x x
BID BID BID BID BID BID BID BID
APPENDIX "A"
The following understandings are made part of this Agreement:
(A) The Company will continue its present practice of providing call
time under ARTICLE II D to shift employees who are called out to assist on short
time call and are sent home prior to the beginning of their regular shift. Call
time shall not apply to shift employees who are called prior to their regular
shift and work into that shift.
(B) Operators may be assigned basic maintenance work that the
employee is capable of performing safely, which does not interfere with their
operating duties.
(C) l. All temporary bids will be listed as such together with the
expected duration of the opening. Employees awarded the bid shall accept it for
the duration of the opening with the right to bid off the job being the same as
that which is applicable to a permanent bid.
2. The Company will not offer overtime to temporary employees in
classifications where eligible permanent employees are available for the
overtime and have not refused it.
(D) The Company and the Union have agreed upon employees who will be
grandfathered in the job to which they were moved under the terms of the prior
agreement, after being disqualified for medical reasons from promotion within a
sequence, if those employees do not voluntarily remove themselves from such job.
Those employees are the following:
X.X. Xxxxx
X.X. Xxxxxx
M.E. Xxxxx
X.X. Xxxxx
38
(E) Bids from Shift jobs to Day jobs shall continue to be
administered in accordance with the agreement dated August 28, 1990.
(F) The parties agree that safety and health in the work place are
paramount concerns that deserve the cooperative attention of the Management and
the Union. The parties agree, therefore, to meet at the refinery or chemical
plant within sixty (60) days of a request by either the local Union or the
Management to attempt to develop a plan for utilizing the Union represented
employees from the local bargaining unit toward the objective of improving
health and safety in the plant. Such meetings may be held on non-productive
time.
(G) The Company agrees to renew the Letter of Agreement on layoffs,
plant closures, rate retention, national health insurance, and health and safety
clauses, where such Letters of Agreement exist. It is agreed no such letters or
understandings exist as of the time this Agreement was negotiated which have not
been incorporated herein. Future Letters of Agreement will not be incorporated
into the basic working Agreement.
(H) The Company will not assign temporary employees to tasks they are
not qualified to perform.
(I) The senior day light truck (un) loader will have the first
selection among the available shifts.
(J) When a holiday falls on the fifth day of a shift employee's
regularly scheduled work week, and said employee worked a scheduled day off
during that work week, the employee shall be paid for work on that fifth day as
follows:
a. time and one-half for hours worked on said holiday, plus
b. an additional one-half time for hours worked for which the
employee would have received overtime pay had the fifth day
not been a holiday, plus
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c. the employee will also receive his/her holiday pay for that
holiday.
(K) Temporary employee rate - $6.00 per hour for mowing, raking, and
also for painting where there is a regular employee at the time in the painting
classification.
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APPENDIX "B"
LIGHT/RESTRICTED DUTY PROGRAM
In an effort to provide meaningful work to employees who are not able
to report back to their full time duties after a work related illness/injury, a
light/restricted work program has been developed.
Any administration questions should be to the Manager of Human
Resources.
The program will operate as follows:
An employee returning to work on a light/restricted duty basis must:
1. Provide a return to work slip from the doctor stating the
restrictions and the time frame for the employee to resume full
duties. This return to work slip must be furnished to the Manager
of Human Resources.
2. The maximum time for an employee to be on light/restricted duty
for any one continuous illness or injury is six (6) months. There
will be only one light/restricted duty for a continuous problem.
3. If the doctor states light/restricted duty can be performed by
employees on work related injury/illness and the Company
determines such work is available and the Company determines to
fill such work on light duty, they will be required to return to
work.
4. Light/restricted work duty will be performed based on the
employees capabilities and the availability of work. The Company
reserves the right to have the employee examined by a doctor of
their choice prior to permitting light duty work.
5. Supervisors will be fully informed of the employees restrictions
so as to provide applicable work.
NON WORK RELATED ILLNESS OR INJURY
Employees who are absent due to a non work related illness or injury
may participate in this program at the option of the Company and the employee.
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PAY REQUIREMENTS
l. Employees returning on light/restricted work duty will be paid
the applicable laborer rate unless working in their classification and
performing work above that normally performed by a laborer or helper. If working
in their normal classification as stated above, the employee will be paid their
normal rate.
2. Personal illness/injury: Applicable labor rate unless working in
their classification. If working in their classification the employee will be
paid their normal rate.
SENIORITY
The employees seniority will not be affected by the light/restricted
duty program.
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