AGREEMENT BETWEEN
ASTOR CORPORATION
PETROWAX REFINING DIVISION
XxXXXX PLANT
AND
OIL, CHEMICAL AND ATOMIC WORKERS
INTERNATIONAL UNION
AND
LOCAL 8-607
FEBRUARY 1, 1996 - JANUARY 31, 1999
TABLE OF CONTENTS
PAGE
----
Article 1 - PURPOSE............................................................1
Article 2 - UNION RECOGNITION..................................................1
Article 3 - COLLECTION OF DUES.................................................2
Article 4 - DURATION OF AGREEMENT..............................................3
Article 5 - SENIORITY..........................................................3
Article 6 - HOURS OF WORK AND OVERTIME.........................................3
Article 7 - FAMILY LEAVE......................................................16
Article 8 - REPORTING FOR WORK................................................16
Article 9 - BENEFITS..........................................................16
Article 10 - FUNERAL BENEFITS.................................................17
Article 11 - SICK AND ACCIDENT BENEFITS.......................................18
Article 12 - VACATIONS........................................................19
Article 13 - BULLETIN BOARDS..................................................22
Article 14 - SAFETY & HEALTH..................................................22
Article 15 - LEAVE OF ABSENCE.................................................25
Article 16 - PAYDAY...........................................................25
Article 17 - REPRIMANDS.......................................................26
Article 18 - GRIEVANCE PROCEDURE..............................................29
Article 19 - PLANT CLOSURE....................................................29
Article 20 - RATE RETENTION...................................................29
Article 21 - WAGE RATES.......................................................29
Article 22 - NON-DISCRIMINATION...............................................30
Article 23 - SAVINGS CLAUSE...................................................30
Article 24 - UNION COERCION...................................................30
Article 25 - 401K PLAN........................................................31
Article 26 - INSURANCE........................................................31
Article 27 - MANAGEMENT RIGHTS................................................32
Article 28 - ENTIRE AGREEMENT.................................................33
APPENDIX A .................................................................34
ADDENDUM - BASE WAGE RATE - SHIFT EMPLOYEES...................................38
ADDENDUM - BASE WAGE RATE - DAY EMPLOYEES.....................................39
ADDENDUM - BASE WAGE RATE - DAY EMPLOYEES.....................................40
ADDENDUM - BASE WAGE RATE - DAY EMPLOYEES - LABORER
CLASSIFICATION.....................................................41
EXTRA HELPER POOL.............................................................42
ADDENDUM - LIGHT/RESTRICTED DUTY PROGRAM......................................44
THIS AGREEMENT, made and entered into from February 1, 1996, to and
including January 31, 1999, by and between ASTOR CORPORATION XXXXXX
PLANT, located at Farmers Valley, XxXxxx County, Pennsylvania, hereinafter
called the Company and OIL, CHEMICAL AND ATOMIC WORKERS INTERNATIONAL UNION, and
LOCAL 8-607, hereinafter called the Union.
WITNESSETH
ARTICLE 1 - PURPOSE
(A) It is the intent and purpose of the parties hereto to set forth
herein the Agreement covering rates of pay, wages, hours of employment, and
other conditions of employment to be observed by the parties hereto, and to
continue and improve the harmonious relationship between the Company and its
employees.
(B) 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.
ARTICLE 2 - UNION RECOGNITION
(A) The Company recognizes the Union as the exclusive bargaining
agent for all production and maintenance employees of the Company at its XxXxxx
Plant, Farmers Valley, Pennsylvania, excluding all other employees, guards,
professional employees, clerical, and supervisory employees.
(B) It shall be a condition of 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.
(C) 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.
(D) 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 3 - COLLECTION OF DUES
(A) Upon receipt of a 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 employees all monies due the Company from said employee.
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(B) It is understood that in no event shall the collection of Union
dues be continued unless an executed Agreement between the Company and the Union
is in full force and effect.
ARTICLE 4 - DURATION OF AGREEMENT
This Agreement shall continue from 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
amended by mutual consent. Upon written notice to the Company, no earlier than
November 1, 1998, 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.
ARTICLE 5 - SENIORITY
(A) Employees shall have plant and department seniority.
(B) It is the intent that all employees shall start in the "Day
Force" and advance from there to other departments in accordance with provisions
outlined herein.
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(C) In decreasing or increasing the working force, promotions or
demotions, layoffs or temporary bids to other jobs or positions within the
bargaining unit, the Company will be governed by continuous length of employment
in the XxXxxx Plant, provided that in all cases the employee must have the
ability and capability of performing the work made available to him as a result
of his seniority. All layoffs shall be made from the labor gang on the basis of
plant seniority.
(D) Plant seniority shall be the period of continuous employment
within the plant. Layoffs and periods of sickness and disability will count
toward seniority as set forth elsewhere in this Article.
(E) Departmental seniority shall become effective as of the date of
the employee's selection as the successful bidder providing he/she completes a
satisfactory break-in period. Departmental seniority is defined as total time
assigned to a department.
(F) Vacancies in all departments will be filled as far as possible
from the existing crews in each department on the basis of departmental
seniority and ability to perform the work provided. It is understood that the
employees who accept promotion will assume their proper seniority position and
job in the unit immediately upon successful completion of break-in.
(G) When two or more departments are consolidated, each employee
shall retain his or her seniority accumulated in his or her respective
department, and this seniority shall apply in promotions and demotions within
the consolidated department. When one department is divided into two or more
departments, employees shall retain their seniority accrued in the old
department which was
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divided, but such seniority shall be applicable only to the new department to
which they are transferred.
(H) In case of any permanent discontinuance of a department,
reduction in force or "bumping" in any department, employees affected will be
allowed to exercise any departmental seniority which they may hold in another
department, and displace therein any employee with less department seniority
than themselves, but in no event shall they displace any employee holding a
higher classification than they themselves had held at the time of their service
in that department. Furthermore, employees affected by such reduction in force
may exercise plant seniority within five (5) working days and displace employees
in the classification of "helper" and "extra helper" holding less plant
seniority than they themselves hold. In no event, shall they displace any
employee holding a higher classification then they themselves held, wage rates
notwithstanding. It is understood that no "bumping" will be allowed any employee
affected by a reduction in force in any department lasting ten (10) consecutive
working days or less. If it is anticipated that the reduction in force will be
of more than ten (10) days duration, an employee so affected may "bump" during
this ten (10) day period. It is understood that the purpose of Section (H) is to
protect senior employees in higher classified shift and maintenance jobs from
being reduced to the labor gang, and the "bumping" privileges as outlined above
do not cover members of the labor gang, regardless of seniority, except as an
advanced laborer who can bump and/or be bumped.
(I) 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 necessary qualifications
shall be chosen for
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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.
The successful bidder will be notified within five (5) working days
after the end of the posting. All permanent day jobs that become open shall be
posted in the same manner as outlined above with the exception that shift
employees will also be allowed to bid on the jobs under the same conditions as
spelled out in the above paragraph. Those employees bidding shall place a bid in
a bid box furnished by the Company and also in a box belonging to the Union. The
successful bidder will be given a trial period. In case of failure to qualify
for said position, employees shall resume the job they originally vacated and
shall accrue seniority for the trial period. 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 opening. In all cases of promotion, the Worker's Committee will
be advised of any deviation in seniority. A minimum of fifteen (15)
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days working time will be allowed those employees breaking in on the various
shift classifications.
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 pool rate on said job. It is mutually agreed that
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 case of health,
incompetence, or unusual hardship cases.
(J) Employees not working due to sickness shall accrue seniority
while sick up to eighteen (18) months. Thereafter, they shall continue to accrue
seniority upon presentation of a doctor's certificate mutually agreeable to both
parties.
(K) 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 the following provisions: when an
employee is required to move up in the sequence within his unit, he shall
receive the higher rate for the day; if required to move
7
temporarily down in the sequence within his unit, he shall receive his regular
rate for the day.
(L) It is understood and agreed that the Company shall not be
required to make interdepartmental transfers of shift employees regardless of
their seniority, except that permanent transfers agreeable to the employee and
the Company may be made in accordance with seniority when the employee can be
qualified. Temporary transfers are controlled by subparagraph (K) of this
Article 5. "Shift" employees desiring permanent transfer to another department
wi11 be required to return to the "day" forces for a period three (3) months at
a rate of seven (7) cents per hour above the then existing rate of pay for
regular yard employees, after which they may bid for subsequent vacancies.
(M) 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 re-employ any
former employee who has been laid off more than twenty-four (24) months. If
employees are retained beyond the one hundred twenty (120) calendar days of
continuous active employment, their seniority shall be made retroactive to the
day on which they began work.
(N) Employees shall lose all seniority rights if they quit of their
own accord or if dismissed for just cause and not reinstated by Article 18.
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 period will be extended to fifteen (15) days.
8
To protect their seniority, it is the employees responsibility to keep their
superintendent informed of their proper home address.
(0) Seniority lists shall be compiled and shall be made available to
the Workmen's Committee upon request. In any questions affecting seniority
rights, the records of the Company will be made available, and in case of a
dispute, such records shall be conclusive.
(P) Persons who were promoted out of the bargaining unit prior to
February 1, 1996 to a position of supervisor within a department in the
bargaining unit, and are later demoted, and the Company permits them to return
to the unit, shall return to the position they previously held without loss of
seniority. 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) When the force in any department is increased, employees shall be
brought back into said department in the inverse order of their reduction.
ARTICLE 6 - HOURS OF WORK AND OVERTIME
(A) All work performed by employees covered under the terms of this
Agreement shall be done by employees termed "Shift Employees" and "Day
Employees." The term "Shift Employees" shall be deemed to mean employees who are
regularly employed for a specified shift in the unit, which, of necessity,
operates continuously twenty-four (24) hours per day, seven (7) days per week.
All other employees shall be deemed to be "Day Employees." It is mutually
understood and agreed that for the purposes herein, regular employees of the
following units are "Shift Employees":
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Stills Filter House
Platformer Boiler House
Solvent Dewaxing Laborator
Propane Deresining Solvent Extraction
Transfer and Shipping
(B) Work week shall start at 12:01 a.m. Sunday of each week and shall
end at 12:00 Midnight the following Saturday. The normal work week for "Day
Employees" shall be Monday through Friday. Eight (8) hours shall constitute a
work day, forty (40) hours shall constitute a work week; 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 work week for overtime purposes, all hours worked at premium rates
of pay shall be excluded unless as may be required by Wage Hour Regulations;
except, on the weekly basis, hours worked on the holidays enumerated in
Paragraph (F) of this Article shall be included.
In addition, if an employee works his or her eight (8) hour straight
time shift, any hours worked consecutively by the employee continuing beyond the
end of that eight (8) hour straight time shift shall be paid at one and one-half
(1-1/2) times his or her applicable rate, whether or not the total continuous
hours of work fall into the same work day or work week.
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 rate of such overtime is lower than that they normally receive in
their own classification.
10
No employee shall be required to take time off from his or her
scheduled work week to prevent payment of overtime, except employees (extras)
who substitute in the various shift classifications may be rescheduled as
necessary to fill vacancies in the shift department.
Overtime will be distributed equally as practical among employees. 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.
The Company intends to develop a system of documentation so that
appropriate supervisors are aware, before scheduling overtime, if an employee in
the group being considered for overtime is entitled to make up overtime because
an error was made in a prior overtime assignment.
(C) 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.
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
11
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.
(D) 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 this Agreement, for which time worked they will be
paid at double time and one-half (2-1/2).
(E) All regular shift employees as defined in Paragraph (A) of this
Article, working on a scheduled rotating shift between the hours of 4:00 p.m.
and 12:00 Midnight shall receive fifty (50) cents per hour above their normal
rate. All regular shift employees, as defined in Paragraph (A) of this Article,
working on a scheduled rotating shift, between the hours of 12:00 Midnight to
8:00 a.m. shall receive one ($1.00) dollar per hour above their normal rate. The
above rates will be included in the base rates of pay when computing overtime.
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.
(F) Double time and one-half (2-1/2) will be paid for all time worked
on the following holidays:
New Year's Day Thanksgiving Day
Good Friday (eff. 2/1/98) Veterans Day
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Decoration Day First Day Buck Season
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
on which they are off. All "Shift Employees" shall observe all holidays on the
day on which it falls and be paid for all said holidays on that observed day.
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.
Employees covered by this Agreement who have completed one hundred
twenty (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.
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
13
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.
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.
(G) Employees shall be permitted to change shifts or days off for
reasons that do not recur too often. Such employees may substitute work
schedules among themselves within a given twenty-four (24) hour period Midnight
to Midnight of the day of the substituted shift provided:
(1) A shift change request form is filled out.
(2) Approval of the superintendent or delegated assistant
is secured.
(3) That time cards show the hours worked.
(4) That such changes do not work any overtime penalty to the
Company.
(H) The matter of job security for the Company's present refinery
employees was discussed during 1972 contract negotiations. The Company stated to
14
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
different operations 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 discuss
ways and means of avoiding the layoff or lessening the
effect on the employees involved.
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ARTICLE 7 - FAMILY LEAVE
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 8 - REPORTING FOR WORK
When telephone communication is available, should the Company fail too
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.
The Company will post work schedules by 2:00 p.m. Thursday. If an
employee's schedule is changed thereafter, the Company is obligated to notify
the employees of such change in accordance with this provision of the collective
bargaining agreement and failure to notify will be excused only where excused
under the terms of this provision.
ARTICLE 9 - BENEFITS
(A) Any permanent, full-time employee (excluding summer or seasonal)
who has completed one hundred twenty (120) calendar days of continuous,
16
active employment belonging to the United States Officers or Enlisted Reserve or
National Guard, shall be granted two weeks leave of absence in any one year to
attend any required training and employees will be reimbursed by the Company for
the difference between the compensation they could have earned, based upon their
normal straight time rate for a forty (40) hour week, 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) In the event that any employees are called for jury service, said
employees will be reimbursed for the difference between their normal earnings
and that earned on jury duty.
(C) It is understood that this Agreement is subject to the rights of
employees returning from military service as required by applicable state and
federal laws, court decisions and regulations of any government agency charged
with enforcement of such laws.
ARTICLE 10 - 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 or mother-in-law, or, if living in the
employee's household, "in-laws" or grandparents, including the spouses
grandparents, the Company will reimburse them at straight time for scheduled
work time lost not exceeding three (3), eight (8) hour days. In all other cases
concerning the death of "in-laws" or grandparents, including the spouses
grandparents, or grandchildren, not
17
exceeding one (1), eight (8) hour day, unless unusual travel time or other
extenuating circumstances may fairly justify partial or full extension of
reimbursement up to the other three (3) day limit.
It is understood in all cases that for the sake of efficiency in plant
operations, the employee will need to make prior arrangements with the
superintendent or delegated assistants in order to receive this benefit.
ARTICLE 11 - 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 one hundred twenty (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 work time 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 work time 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.
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ARTICLE 12 - VACATIONS
(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, present vacation qualification date of January 1st will
apply. However, the employees qualifying for prorated vacation under this
provision must complete one hundred twenty (120) calendar days of continuous
active employment with the Company before they may exercise this vacation right.
Employees employed as of the effective date of this Agreement shall receive
credit for service with Quaker State Corporation in the computation of their
vacation benefits.
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 employ of the Company twenty
(20) years or more prior to January 1st in any year will receive five (5) weeks'
vacation with pay. Vacations shall be compulsory.
A day 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:
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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 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.
(B) 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. After establishment of initial vacation rights, no
deductions shall be made for absences due to layoffs of less than six (6)
consecutive months. No deductions shall be made for absences due to on-the-job
injuries.
(C) Employees who may be laid off, retired, or quit of their own
accord after attaining the full vacation qualifications, but before the actual
vacation period of the general shutdown or their approved choice, as the case
may be, will be given vacation with pay. This will not apply to those who may be
discharged for just cause, but will apply to the estates of those employees who
may die, except in the latter case, the full qualification period will not be
required.
(D) Vacation compensation will be paid upon the regular straight time
hourly rate which the employees are receiving at the time of their vacation.
20
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.
(E) In computing the vacation pay for each employee, the term "Week"
shall mean forty (40) hours.
(F) The Company will agree to give ninety (90) days' previous notice
of a general plant shutdown for vacation purposes.
Employees not required to take their full vacation during the general
plant shutdown will 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 fifteen (15) 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 I for the
vacation period starting the following January.
(G) Vacation eligibility shall be determined as follows: For absences
of 45 calendar days or less - no deduction for entitlement. For absences of 46
to 90 cumulative days - deduct 1/12 from entitlement. To reinstate eligibility
for consideration under the initial 45 calendar day period, the employee must
complete one month of scheduled work. For every 45 calendar day period
thereafter - deduct one additional 1/12 from entitlement. This requirement will
not apply to absences for on-the-job injuries or to approved absences for union
business.
The Company will prorate vacations on all terminations except
discharge for cause.
21
ARTICLE 13 - BULLETIN BOARDS
(A) The Company shall provide bulletin boards in the refinery for
exclusive use of the Union. Such use is to be confined exclusively to posting on
said board notices pertaining to dues, meetings, and usual and regular bona fide
activities of the Union. All notices must carry the Union seal.
ARTICLE 14 - SAFETY & HEALTH
(A) It is mutually agreed that efforts of both the Company and the
employees 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 while working on that
equipment or under those conditions; such inspection is to be made by the Plant
Superintendent or designated Assistants, together with the Supervisor in charge
of the employee making the request.
(C) 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.
22
(D) The Company will, at its expense, provide training for the Union
represented Health and Safety Committee members. Such training shall not 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.
(E) 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.
(F) Such surveys will include measurements of the exposures in the
work place, the results of which will be submitted in writing to the Company,
and the International Union President, and the Joint Committee by the
consultants, and the results will also relate the findings to existing
recognized standards.
(G) The Company agrees to pay for appropriate physical examinations
and medical tests at a frequency and extent necessary in light of findings set
forth in the industrial consultant's report as may be determined by the Joint
Committee.
(H) 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.
(I) At a mutually established time, subsequent to the receipt of such
survey reports, the Joint Committee will meet for the purpose of corrective
measures as necessary in light of the industrial consultant's findings and to
determine the means of implementing such corrective measures.
23
(J) 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.
(K) 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.
(L) All matters considered and handled by the Committee shall be
reduced to writing, and joint minutes for 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 inspection and investigations shall be
considered and compensated for as regularly assigned work.
(M) In addition to the foregoing, the Company intends to continue its
existing industrial hygiene program as administered by Company personnel.
(N) 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
24
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.
(O) The Company shall furnish flame retardant coat, pants, and
welding gloves for all Company welders. Each employee shall receive one dozen
pair of gloves, selected by the Company, on the employee's anniversary date of
employment.
(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 15 - LEAVE OF ABSENCE
(A) Leaves of absence will be granted, without pay, to not more than
two (2) employees, limited to one (1) from any single department, at any one
time to attend Conventions, Council meetings, or conferences of the Union, not
to exceed a total of 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. To avail themselves of the
benefits granted by this section, employees must give reasonable notice of such
absence so that the Company can rearrange schedules in their department. For any
leave of absence, the employee must be an active employee of the Company.
ARTICLE 16 - PAYDAY
The Company agrees that for the duration of this Agreement it will
continue its bi-weekly system of payment of wages, and payday shall be every
other
25
Friday. Whenever possible, pay checks will be made available to those employees
working the Thursday before payday, on the four to midnight shift, when they
complete their shift at midnight.
ARTICLE 17 - REPRIMANDS
(A) A Union representative and the employee will meet with the
Supervisor before a written reprimand is given. Written reprimands will be
presented to the employee personally by his Supervisor.
(B) In all cases where the risk of more than a verbal warning is
involved two (2) members of the Union Committee may be present to discuss the
matter, provided the employee chooses to have such committee persons present.
ARTICLE 18 - GRIEVANCE PROCEDURE
(A) A Grievance Committee is hereby established and shall consist of
six (6) members chosen by the Union from the production or maintenance employees
of the Company and there shall not be more than one (1) member chosen from any
one department. In order to be eligible for appointment to such Committee, an
employee must have at least six (6) months' service in the production or
maintenance operation of the Company.
(B) The names of the members of the Grievance Committee, together
with the name of the chairman thereof, and any change in personnel therefor
shall be certified to the Company from time to time by the proper officers of
the Union and under the Seal thereof.
(C) A regular meeting of the Committee and the Company shall be held
at the plant offices of the Company on the second Tuesday of each month for the
26
purpose of settling grievances, unless changed by mutual Agreement. Other
meetings may be held by mutual Agreement.
(D) Members of the Grievance Committee attending a necessary and duly
called meeting during their scheduled work 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 to department 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.
(E) If any disputes arise as to the meaning, interpretation, or
alleged violation of any of the provisions of the Agreement, such disputes shall
be settled in the following manner:
1. Present the case to the Supervisor in person or through the
Grievance Committee.
2. If settlement is not thus obtained, the case may be
presented to the refinery manager or designated representative in writing, by
the Grievance Committee, within ten (10) days after the date upon which the
alleged grievance occurred; within ten (10) days thereafter, excluding
Saturdays, Sundays, and holidays, the manager or designated representative shall
render a written decision. The employee and a Union Representative may be
present at any second step grievance meetings.
3. If satisfactory results have not obtained by following the
foregoing procedure, the case will then be submitted within fifteen (15) days to
a
27
representative of the National Organization of the Union and an executive of the
Company, or designated representative. A written decision shall be rendered
within fifteen (15) days. 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 preceding steps, the matter will be submitted within thirty (30)
days to the Federal Mediation and Conciliation Service, who will be requested to
furnish the Company and the Union a list of five (5) qualified members from the
panel of arbitrators. The Union and the Company will thereupon eliminate two (2)
names each within ten (10) days and one remaining shall arbitrate the issue. The
decision of the arbitrator for the duration of this Agreement 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 xxxxxxx.
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. The fee and
expenses of the arbitrator shall be borne equally by the Union and the Company.
(F) In case of discharge for just cause, if 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.
(G) It is agreed that there shall be no work stoppage, strike, or
lockout, except in the case of failure of one party to abide by the decision of
the arbitrator.
28
ARTICLE 19 - PLANT CLOSURE
The Company will notify the Union in writing at least ninety (90) days
in advance of a final decision to completely close the XxXxxx Refinery 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.
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 lock out at the end of the sixty (60) day
period unless a mutual Agreement has been reached.
ARTICLE 20 - 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 21 - WAGE RATES
(A) A wage rate addendum is attached here to.
(B) The Company agrees to place into effect the following hourly wage
rate increases:
Effective February 1, 1996 - Fifty (50) cents
Effective February 1, 1997 - Three and three quarter (3 3/4)
percent
Effective February 1, 1998 - Three and three quarter (3 3/4)
percent
29
The Wage Rate Addendum attached hereto reflects such increases
together with other adjustments agreed to by the parties.
ARTICLE 22 - NON-DISCRIMINATION
It shall be a 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, national origin or other legally prohibited
reason.
ARTICLE 23 - SAVINGS CLAUSE
If any term or provision of this Agreement is at any time during the
life of this Agreement in conflict with any applicable, valid federal or state
law, such term or provision shall continue in effect only to the extent
permitted by such law. If, at any time thereafter, such term or provision is no
longer in conflict with any federal or state law, such term or provision as
originally embodied in this Agreement, shall be reinstated in full force and
effect. If any term or provision of this Agreement is or becomes invalid or
unenforceable, such invalidity or unenforceability shall not affect or impair
any other term or provision of this Agreement.
ARTICLE 24 - UNION COERCION
It is agreed that the officers, agents and members of the Union shall
not intimidate or coerce non-members, or solicit memberships, or conduct Union
business during working hours.
30
ARTICLE 25 - 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 26 - INSURANCE
The Company will continue to provide, during the term 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 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 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.
31
ARTICLE 27 - MANAGEMENT RIGHTS
(A) 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, 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 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, shall not be deemed a waiver of its
rights.
32
(B) 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.
ARTICLE 28 - 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 employee 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.
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
XXXXXX PLANT
By: /s/ Xxxxxx X. Xxxxxx
-------------------------------------
OIL, CHEMICAL AND ATOMIC
WORKERS INTERNATIONAL UNION
By: /s/ Illegible
-------------------------------------
NEGOTIATING COMMITTEE, LOCAL NO. 8-607
By: /s/ Xxxxxx X. Xxx
-------------------------------------
By: /s/ Xxxxxxx X. Placer
-------------------------------------
By: /s/ Xxxxx X. Xxxxxxxx
-------------------------------------
Date Signed: ,1996
------------
33
APPENDIX "A"
The following understandings are made part of this Agreement:
(A) Operators may be assigned basic maintenance work that the
employee is capable of performing safely, which does not interfere with their
operating duties. A non-exhaustive list of such basic maintenance work is as
follows:
l. Adding packing to pumps.
2. Tightening various nuts and bolts.
3. Tightening leaking fittings and flanges.
4. Installing temporary insulation-safety hazards.
5. Changing light bulbs.
(B) 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.
(C) The Company policy on giving blood i.e., Day employees being
released at 2:30 p.m. and being paid to 3:30 p.m., shall continue as in the
past.
(D) The Company will continue to send bids on open jobs by
registered or certified mail, return receipt requested, to any employee who is
out on a disability. That employee must bid the job at the time and will not be
permitted to bid upon the employee's return to work.
34
(E) An employee who is hurt on the job and is released by the Company
will be paid for the remainder of the day if the employee reports to a doctor.
The Company may require that the employee be examined by a Company doctor at
Company expense. If the employee does not report to a doctor, the Company, at
its discretion, can decide whether to pay for the remainder of the day.
(F) As in the past, shift employees called in as extra hands will
receive call time.
(G) On early bids, one where a vacancy does not yet exist, as in the
past the employee awarded the bid and broken in will receive the pool rate from
the day the vacancy actually occurs. Early bids are not subject to the
contractual 45 day provision.
(H) A day employee who accepts a bid has five (5) days from the date
he actually fills the position to disqualify himself.
(I) Monitoring the Waste Treatment VOC shall be part of the duties of
the Extra Waste Treatment Attendant. When the Extra Waste Treatment Attendant is
performing these duties, he shall receive the Waste Treatment Attendant's rate.
(J) The Company shall have the right to require a doctor's
certificate from employees who are absent the day before or the day after a
holiday, or any portion thereof, however, such certificate shall be
discretionary on the part of the Company, not mandatory.
(K) 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
35
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.
(L) 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.
(M) Prior to this Agreement, employees were permitted to refuse to
accept a promotion in a line of progression within a job sequence. Those who
elected to refuse a promotion become junior to those who bypassed them for
promotion purposes only. Now that medically fit employees can no longer refuse
promotion and employees who previously refused promotion must move up when
openings are available, it is agreed that individuals who bypassed those
employees in the past will retain their favorable seniority treatment. The
Company shall schedule vacations within classifications giving first priority
for available vacation time within a classification on the basis of departmental
seniority.
(N) Single vacation days which fall during an employees regularly
schedule work days for the week in question will be treated as eight (8) hours
worked for purposes of computing an employee's overtime earned during the week.
(O) The Company will use its best efforts to inform the Union when a
contractor will be on the premises doing work of the type performed by
bargaining
36
unit craft employees when employees in the craft in which the contractor is
working are working outside their craft.
(P) If, within four (4) weeks after an employee's claim for weekly
Workers' Compensation/Disability benefits has been approved, the carrier has not
begun to pay such weekly benefits, the Company will commence payment of the
benefits provided the employee signs an appropriate form assigning to the
Company any benefits later paid to the employee in an amount necessary to
reimburse the Company.
(Q) The Company and the Union have agreed upon employees who will be
grandfathered in jobs to which they were moved under the terms of the prior
agreement after being disqualified, for medical measures, from promotion within
a sequence, if these employees do not voluntarily remove themselves from such
jobs. These employees are the following:
K.D. Stake
X.X. Xxxxxx
(R) Temporary employee rate - $6.00 per hour for mowing, raking and
painting.
(S) In order to clarify how the Rigger Department personnel will be
paid:
If crews are split, the Rigger 2nd class will move up and be paid the
Rigger rate. Also, where they fill the job, the Rigger helper will be
moved up to the Rigger 2nd class rate. This should be interpreted to
mean the helpers are doing the 2nd class job when working directly
with the "Rigger" alone in a two man crew.
37
XXXXXX 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
STILLS
Operator $13.49 $13.99 $14.51 $15.06
Operator Helper $12.97 $13.47 $13.98 $14.50
Pumper $12.72 $13.22 $13.72 $14.23
SOLVENT DEWAXER
Operator $13.49 $13.99 $14.51 $15.06
Refrigeration $13.04 $13.54 $14.05 $14.57
Filters $12.87 $13.37 $13.87 $14.39
Helpers $12.62 $13.12 $13.61 $14.12
TRANSFER AND SHIPPING
Truck (Un)Loader $12.48 $13.22 $13.72 $14.23
PDA SOUTH
Operator $13.49 $13.99 $14.51 $15.06
Helper $12.71 $13.21 $13.71 $14.22
FILTER HOUSE
Operator $13.49 $13.99 $14.51 $15.06
Helper $12.89 $13.39 $13.89 $14.41
BOILER HOUSE
Operator $13.49 $13.99 $14.51 $15.06
Helper $12.97 $13.47 $13.98 $14.50
LABORATORY
Senior Day Tester $12.87 $13.37 $13.87 $14.39
Shift Tester $12.69 $13.19 $13.68 $14.20
Pool Employee $12.34 $12.84 $13.32 $13.82
(Not working reg. shifts)
38
XXXXXX 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
Working Supervisor
Mechanic $13.54 $14.04 $14.57 $15.11
Machinist $12.98 $13.48 $13.99 $14.51
Mechanic $12.78 $13.28 $13.78 $14.29
Mechanic Helper $12.60 $13.10 $13.59 $14.10
Working Supervisor
Pipefitter $13.41 $13.91 $14.43 $14.97
Pipefitter $12.98 $13.48 $13.99 $14.51
Pipefitter Helper $12.34 $12.84 $13.32 $13.82
Chief Welder $13.11 $13.61 $14.12 $14.65
Welder $12.98 $13.48 $13.99 $14.51
Xxxxxxxxx $13.41 $13.91 $14.43 $14.97
Xxxxxxxxx Helper $12.34 $12.84 $13.32 $13.82
Working Supervisor
Rigger $13.91 $14.43 $14.97
Rigger $13.07 $13.57 $14.08 $14.61
Rigger 2nd Class $12.60 $13.10 $13.59 $14.10
Rigger Helper $12.34 $12.84 $13.32 $13.82
Working Supervisor Electrical
& Instrument $13.54 $14.04 $14.57 $15.11
Instrumental Technician $12.80 $13.99 $14.51 $15.06
Electrician
2nd Class $12.68 $13.18 $13.67 $14.19
Electrician Helper $12.34 $12.84 $13.32 $13.82
Painter $12.48 $12.98 $13.47 $13.97
Chief Insulator $13.61 $14.12 $14.65
Insulator $12.74 $13.24 $13.74 $14.25
Insulator Helper $12.34 $12.84 $13.32 $13.82
39
XXXXXX 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
Plant Xxxxxx $12.48 $12.98 $13.47 $13.97
Advanced Laborer $12.34 $12.84 $13.32 $13.82
Storekeeper $12.75 $13.25 $13.75 $14.26
Assistant Storekeeper $12.41 $12.91 $13.39 $13.90
Truck Driver $12.39 $12.89 $13.37 $13.87
Tank Car Loader $12.48 $12.98 $13.47 $13.97
Wax Loader/Blender $12.82 $13.32 $13.82 $14.34
Waste Treatment
Attendant $12.72 $13.37 $13.87 $14.39
Extra Waste Treatment
Attendant $12.34 $12.84 $13.32 $13.82
Coal Handler $12.17 $13.17 $13.66 $14.18
40
XXXXXX PLANT - LOCAL 0-000
XXXXXXXX
BASE WAGE RATE-DAY EMPLOYEES
LABORER CLASSIFICATION
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
(Prevailing Contract Yard Labor Rate)
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
41
EXTRA HELPER POOL
As Established During Company-Union
Negotiations in 1964 and to Become
Effective as of July 6, 1964
As Amended July 6, 1977
This will confirm that, during Union-Company negotiations in 1964,
agreement was reached on the establishment of an Extra Helper Pool. The purpose
of this was to alleviate scheduling problems as a result of extra employees
having more than one classification, and to establish a rate for non-unit work
time as an incentive for Day Employees to bid on the shift jobs. It was agreed
that the Pool rate for non-unit time will be as indicated in the Wage Addendum.
It was agreed that this Pool would include the shift breaker who
normally works part time in the Unit, and part time in the Yard, plus the First
Extra Helper on all the shift units.
Furthermore, it was agreed that the Second Extra Helper, on the
Dewaxing Unit, the Still, the Laboratory and Deresiner-Extraction Units will
also be members of the regular Pool. These employees will be paid the normal
unit Helper shift rate when working in the unit, and the Pool rate when working
elsewhere.
The above employees will make up the regular members of the Extra
Helper Pool.
These Pool employees will be used to fill temporary openings created
by vacations, sickness, or leaves of absence in the Day Forces. It is intended
that the extra shift employees will move up to permanent openings in the shift
units as they occur. The Extra Helper Pool will then be supplemented as a normal
procedures by bidding as outlined in the Contract.
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Regarding the Extra Waste Water attendant, they work one (1) day in
these capacities and four (4) days in the yard. These employees will not be
considered members of this Pool, but will work in the yard at prevailing yard
rate of pay when not required in their respective departments in which they are
Extras.
Permanent openings in the Day Forces will be filled by the Bidding
procedure as presently outlined in the Agreement.
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ADDENDUM
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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