EXHIBIT 10.22
ARTICLES OF AGREEMENT
BETWEEN
STERLING CHEMICALS, INC.
ITS SUCCESSORS AND ASSIGNS
AND
TEXAS CITY, TEXAS
METAL TRADES COUNCIL, AFL-CIO
TEXAS CITY, TEXAS
MAY 1, 1996
TO
MAY 1, 1999
ARTICLES OF AGREEMENT
TABLE OF CONTENTS
PAGE
Article 1 - Union Security........................................... 2
Article 2 - Hours of Work............................................ 3
Article 3 - Overtime and Premium Time Regulations.................... 13
Article 4 - Vacation................................................. 10
Article 5 - Seniority................................................ 13
Article 6 - Work Outside of Regular Classification................... 20
Article 7 - Supervisors Doing Hourly Work............................ 21
Article 8 - Work Classifications -- Temporary Vacancies.............. 21
Article 9 - Staffing of New Units.................................... 21
Article 10 - Jurisdiction of Work..................................... 22
Article 11 - Leadmen.................................................. 23
Article 12 - Stewards................................................. 23
Article 13 - Contract Work -- Construction and Maintenance............ 24
Article 14 - Pay Day.................................................. 24
Article 15 - Payroll Disputes......................................... 24
Article 16 - Physical Examinations.................................... 25
Article 17 - Discriminations.......................................... 25
Article 18 - Union Representatives.................................... 25
Article 19 - Jurisdictional Disputes.................................. 26
Article 20 - Jury Service............................................. 26
Article 21 - Election Day Regulations................................. 27
Article 22 - Replacement of Clothing.................................. 28
Article 23 - Layoff Notice -- Separation Allowance.................... 28
Article 24 - Leave of Absence......................................... 30
Article 25 - Sanitation and Safety.................................... 31
Article 26 - Bulletin Boards.......................................... 33
Article 27 - Company Rules............................................ 33
Article 28 - Funeral Leave............................................ 33
Article 29 - Strikes and Lockouts..................................... 34
Article 30 - Grievance Procedure...................................... 35
Article 31 - Arbitration Procedure.................................... 38
Article 32 - Abrogation of Contract Articles.......................... 38
Article 33 - Non-occupational Accident and Sickness Plan.............. 39
Article 34 - Contract Period.......................................... 42
Exhibit A-1 - Forty (40) Hour Master Shift Schedule.................... 45
Exhibit AX-1 - Forty (40) Hour Master Shift Schedule.................... 46
Exhibit A-2 - Forty (40) Hour Master Shift Schedule Two (2)
Shifts Only............................................. 47
Exhibit A-3B - Forty (40) Hour Master Shift Schedule.................... 48
Exhibit A-3 - Three (3) Shift Schedule................................. 49
Exhibit A-5 - Forty (40) Hour Weekend Day Schedule..................... 50
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Exhibit A-6 - Normal. Day Schedule..................................... 50
Exhibit A-7 - Special Straight Day Schedule............................ 51
Exhibit A-9 - Special Pilot Plant and TBA Unit Schedule................ 52
Exhibit A-10 - Three (3) Shift Schedule (All Employees Except Group 1).. 53
Exhibit A-11 - Two (2) Shift Schedule (All Employees Except Group 1).... 53
Exhibit A-20 - Special Pilot Plant Schedule............................. 54
Exhibit B - Wage Rates............................................ 55,56
Exhibit C-1 - Merit Progression Schedule & Laboratory Analyst
Apprentice........................................... 57,58
Exhibit C-2 - Maintenance Apprentice Merit Progression Schedule........ 59
Exhibit C-3 - Instrument & Electrical Apprentice Merit Progression
Schedule................................................ 59
Exhibit C-4 - Chemical Operator Apprentice Merit Progression Rate...... 60
Exhibit C-5 - ▇▇▇▇▇▇-▇▇▇▇▇▇ Apprentice Merit Progression Rate.......... 60
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ARTICLES OF AGREEMENT
BETWEEN
STERLING CHEMICALS, INC.
ITS SUCCESSORS AND ASSIGNS
AND
THE TEXAS CITY, TEXAS METAL
TRADES COUNCIL, AFL-CIO
OF TEXAS CITY, TEXAS
1 This agreement is made between the Sterling Chemicals, Inc., its
successors and assigns, authorized to do business in Texas, hereinafter
referred to as the COMPANY, and the Texas City, Texas Metal Trades Council,
AFL-CIO, of Galveston County, Texas, hereinafter referred to as the UNION.
It is agreed by the following unions signatory to this Agreement that said
Council is their authorized representative for the purpose of negotiating
and administering this Agreement and for the purpose of modifying,
amending, or waiving any of the provisions of this Agreement:
Electrical Workers Local No. 527
Operating Engineers No. 347
Painters and Paperhangers No. 585
Bridge, Structural & Ornamental Iron Workers No. 135
International Association of Machinists No. 1446 Affiliated with District
No. 37
Sheet Metal Workers ▇▇. ▇▇
▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇. ▇▇▇▇
Carpenters Local No. 973
Instrument Lodge No. 903
International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths,
Forgers and Helpers No. 132
Heat & Frost Insulators and Asbestos Workers ▇▇. ▇▇▇
▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇. ▇▇▇
Operating Engineers No. 450
BASIC PRINCIPLES
2 The COMPANY and the UNION have a common and sympathetic interest in the
progress of industry. Therefore, a working system and harmonious relations
are necessary to improve the relationship between the COMPANY and the
UNION, and the Public. Progress in industry demands a mutuality of
confidence between the COMPANY and the UNION. All will benefit by a
continuous peace and by adjusting any differences by rational, common-sense
methods. The purpose of this Agreement is to establish harmonious
relations for the advancement of the mutual interest of the parties without
regard to race, sex, creed, color, age, or national origin in continuing
and improving the manufacture and production of products at said Texas City
plant. It is the understanding of the parties to this agreement that any
reference in said agreement to the masculine gender is understood to also
include those employees of the feminine gender. Now,
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therefore, in consideration of the mutual promises and agreements herein
contained, the parties hereto agree as follows:
RECOGNITION
3 The COMPANY hereby recognizes the Texas City, Texas Metal Trades Council
as the exclusive bargaining agency for all production and maintenance
employees, but excluding supervisory, technical, clerical, plant protection
and cafeteria employees and other conditions of employment. Supervisory
employees, in the production and maintenance departments, are those who are
above the classifications listed in Exhibit B, a part of this Contract.
ARTICLE 1
UNION SECURITY
SECTION 1
4 The COMPANY agrees to honor check-off cards signed by individual
employees, on forms agreed to by the COMPANY and the UNION, which authorize
the COMPANY to deduct from the employee's first pay check each month the
regular monthly UNION dues of the employee, or initiation fees as may be
authorized by the employee.
5 The COMPANY agrees to notify the UNION of all newly employed personnel
covered by this Agreement. Such notice shall be in writing and shall state
the name of the employee, their classification, their date of hire, their
address and telephone number.
SECTION 2
6 Check-off authorizations now in effect shall become irrevocable in
accordance with the terms of Section 3 of this article unless written
notice of revocation from the employee is received by the COMPANY within
the fifteen (15) day period prior to the expiration date of this Agreement.
A notice of this provision will be posted by the COMPANY and the UNION.
SECTION 3
7 Check-off authorizations shall be irrevocable for the period of one (1)
year, or until the termination of the Agreement, whichever occurs sooner.
It is further agreed that this authorization shall be automatically
renewed, and shall be irrevocable for successive periods of one (1) year
each unless written notice by registered mail of revocation from the
employee is received by the COMPANY not more than twenty (20) days nor less
than ten (10) days prior to the expiration of each period of one (1) year.
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8 Employees withdrawing from a signatory union may cancel their dues
deduction authorization at any time by serving notice by letter to the
COMPANY canceling such authorization along with letters of approval from
the UNION and the signatory union to which the dues and initiation fees
were to be forwarded.
9 Employees who, as a result of a change in job assignment, transfer from
one signatory union to another signatory union, may cancel any prior dues
deduction authorization by submitting to the COMPANY a new dues deduction
authorization. Such new authorization must be transmitted through the
signatory union or its designated representative.
SECTION 4
10 Money deducted from pay checks as authorized herein for employees
bargained for by the UNION will be forwarded to each individual union
signatory to the Agreement. The UNION will furnish the COMPANY a list of
signatory unions showing the address and the individual to whom the check
should be forwarded and the regular monthly union dues of each Union. This
check will be forwarded not later than the 20th of the month in which the
money is deducted, along with a summary sheet in duplicate showing the name
of each employee from whose pay check dues and initiation fees were
deducted and the amount deducted.
11 In the event a signatory union ceases to be affiliated with UNION for any
reason, and UNION officially notifies COMPANY of same, the authorization of
employees for deductions of dues and initiation fees for such Union whose
affiliation with UNION has ceased, shall be immediately and automatically
revoked and any monies deducted from checks of said employees and held by
the COMPANY will be refunded to the employee from whose check the deduction
was made.
SECTION 5
12 In the event applicable laws governing union security are liberalized to
the extent that they allow a Maintenance of Membership clause, the COMPANY
agrees to meet with the UNION at that time and agree on the terms of a
Maintenance of Membership clause.
ARTICLE 2
HOURS OF WORK
SECTION 1 - ALL EMPLOYEES IN SENIORITY GROUPS 1, 2 AND 4
13 The period of time from 6:30 a.m. to 6:30 a.m. the following day shall
constitute a payroll day for all employees in the seniority groups above.
The period of time composed of seven (7) consecutive payroll days,
extending from 6:30 a.m. Monday to 6:30 a.m. the following Monday, shall
constitute a regular work week at this plant for all employees in the
seniority groups above.
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The hours of work shall be as follows:
14 (a) DAY WORKERS - Eight (8) consecutive hours of work per day, exclusive
of a thirty (30) minute lunch period, shall constitute a day's work.
Hours of work shall be from 6:30 a.m. to 11:00 a.m. and from 11:30
a.m. to 3:00 p.m.
15 (b) SHIFT WORKERS - Eight (8) consecutive hours of work per day shall
constitute a day's work. Five (5) eight (8) hour shifts in any one
work week shall constitute a week's work. Shifts shall be from 6:30
a.m. to 2:30 p.m., 2:30 p.m. to 10:30 p.m., and 10:30 p.m. to 6:30
a.m. Shift workers will be permitted sufficient time to eat during
their shift without loss of pay for such period.
16 (c) X-1 SHIFT WORKERS - Eight (8) consecutive hours of work per day
shall constitute a day's work. Five (5) eight (8) hours shifts in
any one work week shall constitute a weeks' work. Shifts shall be
from 10:30 p.m. to 6:30 a.m., 6:30 a.m. to 2:30 p.m., and 2:30 p.m.
to 10:30 p.m. The payroll week for employees on the X-1 shift starts
at 10:30 p.m., Sunday, and runs until 10:30 p.m. the following
Sunday. The payroll day starts at 10:30 p.m. and runs until 10:30
p.m. of the following day. Shift workers are permitted sufficient
time to eat during their shift without loss of pay for such period.
SECTION 2 - ALL EMPLOYEES IN THE MAINTENANCE CRAFTS SENIORITY AND SENIORITY
GROUP 3
17 The period of time from 7:00 a.m. to 7:00 a.m. the following day shall
constitute a payroll day for all employees in the seniority groups above.
18 The period of time composed of seven (7) consecutive payroll days,
extending from 7:00 a.m. Monday to 7:00 a.m. the following Monday, shall
constitute a regular work week at this plant for all employees in the
seniority groups above.
The hours of work shall be as follows:
19 (a) DAY WORKERS - All Employees in the Maintenance Crafts Seniority and
Seniority Group 3 - Eight (8) consecutive hours of work per day,
exclusive of a thirty (30) minute lunch period, shall constitute a
day's work. Hours of work shall be from 7:00 a.m. to 11:00 a.m. and
from 11:30 a.m. to 3:30 p.m.
20 (b) SHIFT WORKERS - All Employees in the Maintenance Crafts Seniority
and Seniority Group 3 - Eight (8) consecutive hours of work per day
shall constitute a day's work. Five (5) eight (8) hour shifts in any
one work week shall constitute a week's work. Shifts shall be from
7:00 a.m. to 3:00 p.m., 3:00 p.m. to 11:00 p.m., and 11:00 p.m. to
7:00 a.m. Shift workers will be permitted sufficient time to eat
during their shift work without loss of pay for such period.
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SECTION 3
21 Employees may be scheduled as shift workers if and when required in the
operation of the plant, and when so working, shall be governed by the above
conditions relating to a shift worker.
22 Straight day maintenance employees temporarily assigned to shift work,
when being reassigned to straight days, will normally be reassigned at the
beginning of the work week.
23 All work schedules presently in effect will be included in Exhibit A and
attached hereto. Any changes in these schedules will be mutually agreed to
by COMPANY and UNION.
24 The normal work week shall consist of forty (40) hours of work and the
normal work day of eight (8) hours of work providing work is available.
25 Any new schedules mutually agreed to by the COMPANY and UNION shall be
added to Exhibit A and made a part of this Agreement.
26 An employee may be excused without pay for a period up to two (2) hours
at the beginning or end of the day shift, Monday through Friday (except
holidays falling Monday through Friday) for the purpose of a doctor or
dentist appointment. Such excuse will be granted if it is scheduled with
enough advance notice so that proper relief can be scheduled and the
absence does not impair plant operations.
ARTICLE 3
OVERTIME AND PREMIUM TIME REGULATIONS
SECTION 1
27 Time worked under any of the following classifications listed below will
be paid for at the rate of one and one-half times the regular hourly rate.
28 (a) Time worked outside an employee's regular scheduled work shift
within the twenty-four (24) hour period beginning with the time the
employee starts to work or is scheduled to report for work, whichever
is earlier.
29 (b) The excess hours over forty (40) which are worked in any work week.
The time accumulated on the following categories is counted toward the
forty (40) hours:
1. The first eight (8) hours worked in each work day.
2. The first eight (8) hours worked on the first shift of a new
schedule when the employee's schedule has been changed without an
advance notice of
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forty-eight (48) hours of the time the employee is required to
first report for work under the new schedule.
3. The first eight (8) hours worked on a new schedule when the
employee's schedule is changed so that eight (8) hours' rest is
not provided between the last shift on the old schedule and the
first shift on the new schedule.
30 (c) Time worked on employee's scheduled day of rest unless such work
resulted from a change in schedule of which the employee received
forty-eight (48) hours advance notice.
31 (d) The first eight (8) hours worked on the first shift of a new schedule
when employee's schedule is changed without notice forty-eight (48)
hours in advance of the time the employee is required to first report
for work under the new schedule.
32 (e) The first eight (8) hours worked on a new schedule when employee's
schedule is changed so that eight (8) hours' rest is not provided
between the last shift of the old schedule and the first shift on the
new schedule.
33 (f) Day workers, when scheduled as shift workers, shall be paid at the
rate of time and one-half for the first shift worked unless the
employee has received forty-eight (48) hours' notice of such change in
schedule.
SECTION 2
34 (a) Two and one-half times will be paid for work performed on the
following holidays: New Year's Day, President's Birthday, Good Friday,
Monday after Easter, Memorial Day, Independence Day, Labor Day,
Thanksgiving Day, Friday after Thanksgiving Day, Christmas Eve and
Christmas Day.
35 FOR DAY WORKERS: If any of these holidays fall on a Sunday, the Monday
immediately following shall be recognized as the holiday. If holidays
fall on Saturday, they will be observed on the preceding Friday. The
exception shall be Christmas Eve which shall be observed on the last
working day before Christmas.
36 FOR SHIFT WORKERS: All holidays listed above will be recognized on the
calendar day on which it falls. For the purpose of determining pay
for an employee who works on a day observed as a holiday which falls
on one of the employee's scheduled days of rest, "regular scheduled
hours of work" for that day shall mean the same hours the employee was
assigned to work on the last regularly scheduled day of work
immediately prior to the holiday. Payment will be made according to
(b) 1 below.
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37 (b) Employees will be paid for the holidays listed above not worked an
amount equivalent to eight (8) times the employee's straight-time
hourly rate, subject to the following conditions:
1. Such pay shall be computed on the basis of payroll day and not
calendar day.
2. To be eligible for such pay, an employee must report for work on
their last regular scheduled working day immediately preceding
the holiday and their first regular scheduled working day
immediately following this holiday.
For purposes of determining eligibility for holiday pay only
under this section, employees absent either the day before, the
day after, or both days, because of vacation, death in the
immediate family, occupational injury or illness while under a
doctor's care, jury duty or excused absence will be considered as
having worked on such day or days and will be entitled to holiday
pay provided they have complied with the other requirements of
Article 3, Section 2. Immediate family will be interpreted to
mean those members of the family covered under Article 28 -
Funeral Leave.
3. An employee who is instructed to work on a holiday but fails to
report will receive no pay for the holiday.
4. Payment for holidays not worked shall not apply to employees on
approved leave of absence, off because of sickness or
occupational injury (unless under a doctor's care and the holiday
falls on an unpaid waiting period day), or layoff.
38 (c) When an employee works on both of their scheduled days of rest, they
shall be paid twice their straight-time rate for work performed on the
second scheduled day of rest.
(d) An employee working greater than sixteen (16) consecutive hours for
those on eight (8) hour shift schedules or eighteen (18) consecutive
hours for those on twelve (12) hour shift schedules will be paid at
double time for subsequent consecutive work hours up to the employee's
next regularly scheduled shift, which will be paid at straight time.
If the employee works additional consecutive hours, the beginning of
each regularly scheduled shift will restart the counting of continuous
hours.
SECTION 3
39 In the event any hours worked fall within two or more classifications
listed above, only one application can be made.
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40 Employees shall not be laid off during regular working hours to deprive
them of any time which they have gained by working overtime. Overtime
worked shall be equally distributed among the employees within their own
craft or department as nearly as is practicable. Where employees in a
department so request, an overtime record shall be posted in the
department.
SECTION 4 - OVERTIME LUNCH ALLOWANCE
41 (a) An employee scheduled in with at least four (4) hours' notice or held
over from their regular shift, with or without notice after working
ten (10) continuous hours, will be furnished a lunch at the next lunch
period or a lunch allowance of $8.00 (at the employee's option). For
each successive four (4) hours worked thereafter, they will be given a
lunch allowance. The meal allowance schedule is as follows: $8.00;
effective 5/1/89. Where it is known an employee will work at least
ten (10) hours, the lunch may be eaten at the lunch period prior to
the time the lunch is actually earned.
The granting of a meal allowance, except as provided in paragraph (c)
below, will not negate the right of the employee to eat at, or as soon
after the job permits, a normal meal period (see paragraph (b) below)
when the meal period falls within the period of time for which the
lunch allowance is being given.
42 (b) Any employee on an emergency call-in (one less than four (4) hours'
notice) who works up to any of the following times shall be furnished
with a lunch as soon after such time as possible: 6:30 a.m., 11:00
a.m., 5:30 p.m., or 1:00 a.m.
43 An employee on an emergency call-in (one less than four (4) hours'
notice) before 8:00 p.m. that is required to work five (5) hours
between the 5:30 p.m. and 1:00 a.m. meal periods will receive a lunch
or lunch allowance at the COMPANY'S option. If the employee is to
continue working after the end of the second shift, the employee has
the option of a lunch or lunch allowance. This lunch or lunch
allowance is in addition to the 1:00 a.m. meal period.
44 (c) When an employee who has been working overtime, either as a result of
a holdover or because of a call-in, becomes entitled to a lunch within
the meaning of this article and the COMPANY decides at such time to
send the employee home because: (1) the employee has been relieved by
another employee; or (2) the employee is no longer needed at the
plant, the COMPANY shall have the option of furnishing such employee
the lunch or giving the employee a lunch allowance in lieu of the
lunch.
45 (d) Overtime lunches provided by the plant cafeteria will be ordered from
the Overtime Meal Menu-Cafeteria. Meals on off-hours or weekend when
plant cafeteria is closed will be ordered from a downtown restaurant
on the standard
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Overtime Meal Menu. The menu will be revised after consultation with
the UNION to reduce cost. It is the COMPANY'S intent to provide
wholesome and nutritionally balanced meals.
SECTION 5
46 Shift differential shall be added to the earnings of the employees required
to work during the hours indicated in the following schedule for each hour
worked during such periods:
47 (a) All employees in Seniority Groups 1, 2 and 4.
1. Shift Workers:
6:30 a.m. to 2:30 p.m. No differential
2:30 p.m. to 10:30 p.m 50c differential
10:30 p.m. to 6:30 a.m $1.00 differential
2. Day Workers
6:30 a.m. to 3:00 p.m. No differential
3:00 p.m. to 10:30 p.m. 50c differential
10:30 p.m. to 6:30 a.m. $1.00 differential
48 (b) All employees in the Maintenance Crafts Seniority and Seniority
Group 3.
1. Shift Workers:
7:00 a.m. to 3:00 p.m. No differential
3:00 p.m. to 11:00 p.m. 50c differential
11:00 p.m. to 7:00 a.m. $1.00 differential
2. Day Workers:
7:00 a.m. to 3:30 p.m. No differential
3:30 p.m. to 11:00 p.m. 50c differential
11:00 p.m. to 7:00 a.m. $1.00 differential
SECTION 6
49 Employees who are called out or scheduled out and report to work at an
assigned time outside their regularly scheduled shift will be paid a
minimum of four (4) hours pay at the appropriate overtime rate for the work
so performed. In the case of a call-in, the employee, after completing the
work for which the employee is called, will be released unless other
emergency work develops. Emergency work is defined for this purpose as
work which would require another call-in if the employee did not perform
it. If the employee fails to perform the other emergency work, the
employee will be paid only for the time worked. Should a scheduled in
require the employee to work into the employee's regularly scheduled shift,
the hours worked outside the regular shift will be paid at the applicable
overtime rate and the four (4) hour guarantee at 1 1/2 will not be paid
unless worked.
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SECTION 7
50 Employees who work less than two (2) hours past their regular shift shall
not be required to punch out until their ride home is available.
SECTION 8
51 When an employee has worked sixteen (16) continuous hours and up to or
within the employee's regular shift, the employee will be allowed to go
home and will be paid at the straight-time for the remaining hours of the
employee's regular shift.
ARTICLE 4
VACATION
52 (a) Based on a work week of five (5) working days or shifts, the vacation
allowance shall be ten (10) working days, in which case vacation
credits will be given at the rate of 5/6 of a day per month of
service. Fractional credits shall be figured to the nearest full day.
Vacation credits are not accumulative during the probationary period
specified in Article 5, Section 2, but after such period the new
employee's vacation credits shall be calculated from the date of
employment. Vacation credits accumulated after April 1st of the
current year shall not be taken until April 1st of the following year.
53 Each employee who completes five (5) or more years of continuous
service will be granted three (3) weeks vacation per year. Such
vacation may be taken at any time during the vacation year in which
the employee reaches the fifth (5th) year of continuous service.
After receiving a first vacation of three weeks, the employee will
accrue one and one-fourth (1 1/4) days vacation per month of service
or a maximum of fifteen (15) working days per year.
54 Each employee who completes ten (10) or more years of continuous
service will be granted four (4) weeks of vacation per year. Such
vacation may be taken at any time during the vacation year in which
the employee reaches the tenth (10th) year of continuous service.
After receiving a first vacation of four (4) weeks, the employee will
accrue one and two-thirds (1-2/3) days vacation per month of service
or a maximum of twenty (20) working days per year.
55 Each employee who completes twenty (20) or more years of continuous
service will be granted five (5) weeks vacation per year. Such
vacation may be taken at any time during the vacation year in which
the employee reaches the twentieth (20th) year of continuous service.
After receiving a first vacation of five weeks, the employee will
accrue two and one-twelfth (2 1/12) days vacation per month of service
or a maximum of twenty-five (25) working days per year.
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56 Each employee who completes thirty (30) or more years of continuous
service will be granted six (6) weeks of vacation per year. Such
vacation may be taken at any time during the vacation year in which
the employee reaches the thirtieth (30th) year of continuous service.
After receiving a first vacation of six (6) weeks, the employee will
accrue two and one-half (2 1/2) days vacation per month of service or
a maximum of thirty (30) working days per year.
57 (b) The vacation pay for employees entitled to vacation is computed on the
basis of rate of pay per hour at the time of vacation at straight-
time.
58 (c) Vacation pay may be drawn in advance any time within the week just
prior to said vacation if requested by the employee.
59 (d) Vacation period shall be from April 1 each year through March 31 of
the next year.
60 (e) The employee with the greatest bargaining unit seniority within the
group or craft, wherever possible, shall be allowed preference as to
time of vacation. In the various operating departments, vacation
preference will be granted on the basis of bargaining unit seniority
within the department. When an employee elects to split their
vacation, then they shall be allowed seniority preference only on one
(1) portion of the split vacation until all employees have exercised
their seniority preference.
61 (f) Prior to April 1st, employee shall designate their choices of dates
for their vacations and a vacation schedule for the year will be made
up in accordance with other provisions of this article.
62 An employee may place up to two (2) weeks (ten days) of their vacation
in a vacation bank prior to April 1 with such days to be taken at any
time during the vacation year when requested by the employee. Five
(5) bank days may taken with one (1) hour's notice. Twenty-two (22)
hours' notice for the other five (5) bank days will be required except
in cases of emergencies. All normal requests for bank days must be
made to the employee's supervisor. Emergency requests will be subject
to approval by the department superintendent or designee. Bank days
will be granted only when, in the judgment of the COMPANY, such days
do not conflict or impair plant operations. Bank days will be taken
in any combination of whole days without restriction by vacation
splits. All bank days must be taken during the vacation year and
shall not be cumulative. When, in the opinion of the COMPANY, it
appears that vacation bank days are accumulating in a group,
department or craft and will create a problem near the end of the
vacation year, employees will be requested to schedule their remaining
bank days in order not to conflict with or impair plant operations.
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63 Vacation may be split into as many periods as the employee has weeks
of vacation. In calculating vacation splits, the bank days will
constitute one split. Employees with ten (10) or more years of
service will be eligible for one (1) additional split. Vacation
schedules established April 1st will not be altered after this date to
give preference to the senior employee. Employees shall be permitted
to begin or end their vacations on a regularly scheduled day off.
64 (g) Vacations shall be given employees on such dates or as near as may be
practicable when, in the judgment of the COMPANY, such dates do not
conflict with or impair plant operations.
65 (h) Vacation during any vacation period must be taken during the vacation
period and shall not be cumulative.
1. For the purpose of taking extended vacation, employees with five
(5) or more years of service will be permitted, one (1) time
every five (5) years, to hold over one (1) week of vacation from
one (1) vacation period and take it during the next vacation
period in conjunction with the full vacation due that vacation
period. Employees desiring to exercise this option will so
advise the COMPANY during the vacation scheduling period in the
year in which they desire to hold over the one (1) week.
2. Employees with ten (10) to nineteen (19) years of service have
the option to holdover one (1) week of vacation from one (l)
vacation period and take it during the next vacation period.
Employees desiring to exercise this option must notify the
COMPANY by February 1st prior to the end of the vacation year in
which it was originally expected to be taken. This request does
not increase the number of bank days.
66 (i) An employee who is "Combo 80" (minimum age 55 with 80 points) or who
has at least 20 years of COMPANY service, may carry over from one
vacation period to the next up to two weeks of vacation in full week
increments. A maximum of six weeks may be carried over in this
manner.
67 (j) Any employee leaving the service of the COMPANY entering State or
Federal military service shall so notify the COMPANY, and shall be
paid the vacation credits earned up to the time of induction. Such
employee shall not be taken off the payroll until actually inducted in
military service, State or Federal.
68 (k) In calculating time for vacation credits, no deductions shall be made
for time lost due to sickness. No deductions shall be made for
approved absences totaling one (1) month or less in any vacation year.
Employees off on approved absences for more than one (1) month shall
be paid only earned vacation credits.
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69 (l) In case an employee is dismissed or leaves the COMPANY's service
voluntarily, they will receive vacation pay to the extent of the
credits accumulated at the time of their dismissal or voluntary
separation.
70 (m) In case an employee resigns without notice or is discharged for cause,
they will receive only pay for vacation earned during the previous
year but not taken. Such employee will not be eligible to receive
vacation accrued in the current vacation year up to the time of their
removal from the payroll.
71 (n) When a holiday is observed on an employee's scheduled vacation day,
they will have the option of an extra day vacation or an extra eight
(8) hours' pay at their regular straight-time rate.
72 (o) When an employee transfers from one craft or group to another, the
employee will carry with them their vacation as scheduled for that
year. The transfer of this vacation schedule will not interfere with
the rights of any other employee to their vacation as previously
scheduled.
ARTICLE 5
SENIORITY
SECTION 1 - DEFINITIONS
73 (a) By the term "seniority" is meant the status of the employee's length
of service as such.
74 (b) Four types of seniority shall be recognized:
1. GROUP SENIORITY. This shall consist of the seniority accumulated
by an employee working in any of the groups listed below.
2. DEPARTMENT SENIORITY. For matters directly affecting any of the
departments in Group 1, employees in their respective operating
departments shall be listed on the Seniority List by order of
Group 1 seniority within their respective department.
3. MAINTENANCE CRAFT SENIORITY. This shall consist of the seniority
accumulated by an employee in the particular maintenance craft in
which the employee is working.
4. BARGAINING UNIT SENIORITY. This shall consist of seniority
accumulated by an employee in any of the groups or crafts listed
below.
75 (c) For purposes of paragraph (b) above, group, department, and
maintenance craft seniority shall cover the following:
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1. GROUP SENIORITY
GROUP 1 - All hourly employees in the following operating
departments and any other which may be added and which are
designated as operating departments by the COMPANY, Departments
13/14/15/16, 513, 19/25/27/29, 44/50, 48/56, 51, 53, and Power.
GROUP 2 - All hourly employees of the Control Laboratory.
GROUP 3 - All hourly employees of the Storeroom.
GROUP 4 - All hourly employees of the Materials Handling
Department.
2. DEPARTMENT SENIORITY
For matters directly affecting departments in Group 1, employees
in the various operating departments shall be listed on
department seniority lists by Group 1 seniority within their
respective departments. Any reference to departmental seniority
in other sections of the contract will refer to the Group 1
seniority of employees within the department.
3. MAINTENANCE CRAFT SENIORITY - All hourly employees in each of the
maintenance crafts. The maintenance crafts shall include, but
shall not be limited to the following titles:
Pipefitters Ironworkers
Asbestos Workers Carpenters
Boilermakers Instrument Men
Painters Electrical Workers
Laborers Operating Engineers
Machinists Truck Drivers
SECTION 2 - COMMENCEMENT
76 All new employees shall be required to work a trial or probationary period
of one-hundred thirty-five (135) calendar days continuous service before
the seniority rules outlined herein shall apply to them, and after such
period, the new employee's seniority shall be retroactive to the date they
were employed.
SECTION 3 - SENIORITY LISTS
77 The COMPANY agrees to compile and furnish the UNION a seniority list
quarterly, showing the seniority of each employee in bargaining unit, and
the COMPANY further agrees that it will add names and the seniority status
of all employees to said list after they have completed their probationary
period and are considered permanent employees.
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SECTION 4 - WHEN SENIORITY DOES NOT APPLY OR IS NOT AFFECTED
78 (a) Seniority privileges shall not apply to probationary employees.
79 (b) The Seniority of an employee shall not be affected when they are
promoted to a supervisory classification unless they remain in that
capacity for a period in excess of ninety (90) calendar days after
which time they shall lose their seniority as a member of the
bargaining unit.
80 (c) The seniority of an employee shall not be affected when they are
promoted temporarily to a supervisory classification unless they
remain in that capacity for a period in excess of ninety (90) working
days in a calendar year, after which time they shall lose their
seniority as a member of the bargaining unit.
81 (d) Employees, other than temporary employees, who are called into active
military or naval service with any branch of the Federal government
shall not lose their seniority rights or their status with the
COMPANY. Such employees, however, shall file an application with the
COMPANY for reinstatement, within ninety (90) days after they have
received an Honorable Discharge from such service and if their
physical and mental condition is satisfactory, such employee shall be
reinstated to their former position or one to which their seniority
entitles them, unless the COMPANY's circumstances have so changed as
to make it impossible or unreasonable to do so.
SECTION 5 - WHEN GROUP, DEPARTMENT, CRAFT AND BARGAINING UNIT SENIORITY IS
LOST
All seniority shall be lost by an employee under the following
circumstances:
82 (a) When they are discharged by the COMPANY.
83 (b) When they quit the service of the COMPANY on their own volition.
84 (c) When they are laid off for a period exceeding thirty-six (36) months
without being recalled.
85 (d) When an employee overstays their leave of absence without notifying
the COMPANY and receiving an extension of time.
SECTION 6 - WHEN GROUP, DEPARTMENT, CRAFT, AND BARGAINING UNIT SENIORITY IS
NOT BROKEN
86 Seniority of the employee shall not be broken because of: (1) layoffs
(except as provided in Section 5 (c) of this article); (2) authorized
leaves of absence; (3) absences on account of sickness not exceeding a
period of twenty-four (24) months; (4) any cessation of work
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at the COMPANY's plant which is beyond the control of the employee not
exceeding a period of thirty-six (36) months.
SECTION 7 - CONSOLIDATION OF DEPARTMENTS
87 When two or more departments are consolidated, the employees of these
departments may claim seniority in the consolidated department, it being
understood, however, that no employee may claim a classification in the
consolidated department higher than the one occupied in the department in
which the employee was previously employed.
SECTION 8 - PROMOTIONS
88 When a new vacancy or new job occurs in a department or craft, such vacancy
or new job shall be filled from employees within that department or craft.
When skill and ability are approximately equal, then the senior qualified
employee shall fill the vacancy. If departmental seniority is equal, group
seniority shall govern.
89 It is understood and agreed, however, that where skill and ability are
questioned, a senior employee may request the opportunity to fill such
vacancy or new job, in which event, the COMPANY agrees to consult with the
UNION concerning the matter. If it is determined that the request has
merit, the employee will be given a trial period of thirty (30) working
days to prove to the satisfaction of the COMPANY their skill and ability in
such position. The above privilege shall not be granted to craft
apprentices.
SECTION 9 - JOB BIDDING PROCEDURE
90 When a permanent vacancy must be filled from outside the group or craft in
which the vacancy exists and no layoff exists for such group or craft, then
the job will be posted and filled in accordance with the following
procedure:
91 JOB POSTING - The job vacancy will be posted for seven (7) calendar days at
each of the main gates and on departmental bulletin boards within the
bargaining unit.
92 JOB BIDDING - Each employee who desires to bid for the posted job may do so
by going to the Employment Office and signing a job bidding form within the
seven (7) day period.
93 Any employee who knows that they will be absent from the plant (for reasons
such as vacation, jury duty, etc.) may submit to the Employment Office a
pre-bid indicating those jobs they desire should a vacancy be posted during
their absence. The employee submitting a pre-bid will be considered for a
vacancy only if their pre-bid is received prior to the seven (7) day period
outlined in the job vacancy announcement. Each pre-bid shall be effective
only for the duration of the individual's specific absence.
94 SELECTION - Posted vacancies will be filled by the qualified bidder with
the greatest bargaining unit seniority. Successful bidders will be
transferred to their new job within
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120 calendar days following the date of notification of successful bid
unless the COMPANY demonstrates, subject to the grievance and arbitration
provisions of the contract, that to move said successful bidder would
create a situation where the employee's job cannot be manned in a safe
manner.
95 The successful bidder will enter the new job classification at the
appropriate rate as indicated on the job vacancy announcement.
96 The provisions of Section 11 of this Article will apply to employees who
are transferred from one group or craft to another in accordance with the
job bidding procedure.
97 BIDDING RULES - Because of the extended period of training for apprentice
plans and the expense involved in such extended training, no employee shall
be allowed to transfer to a bona fide apprentice opening if the employee
could not, prior to the eligibility for early retirement, complete a number
of years that is equal to twice the number of years required for apprentice
training. This rule will not apply to members of the class who are
presently in a classification with a top rate lower than the top rate of
the apprentice crafts or groups. Anyone hired into an apprentice
classification must remain, after topping out, in that classification for a
period equal to the training period before bidding to another
classification.
98 If the COMPANY determines that the senior employee bidding on a posted job
is not qualified, the employee may file a grievance contesting such
determination at Step 3 of the grievance procedure, which may, if not
satisfactorily resolved, be submitted to arbitration in accordance with the
arbitration procedure as outlined in Article 31. Nothing contained herein
shall interfere with the filling of the vacancy with another employee or
with a new hire, pending settlement of a grievance.
99 Employees whose bids have been denied on the basis of qualifications will
not be considered again for transfer to the same group or craft until they
have shown proof that their qualifications now fit the requirements of the
job.
100 A successful bidder will not be eligible for another transfer until they
have reached the top rate of their classification and served an additional
period of time equal to the time required to reach the top rate.
101 A successful bidder who refuses to accept a tendered transfer will not be
reconsidered for any other transfer for a period of one (1) year after date
of refusal.
102 An employee who has been returned to their last previous group or craft for
inability to perform work of the new classification as provided in Section
11, Article 5 of the Articles of Agreement will not be considered for any
further transfer for a period of one (1) year from the date of return to
their last previous group or craft.
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103 An employee shall be limited to one transfer to a group or craft having a
lower top rate or one transfer to group or craft having an equal top rate.
Subsequent lateral or downward transfer to another group or craft shall be
approved only when in the best interest of the employee and by mutual
agreement of COMPANY and UNION.
104 NO QUALIFIED BIDDERS - If none of the bidders are qualified for a posted
job, or if there are no bidders, the COMPANY shall have the right to fill
the job as it sees fit.
SECTION 10 - TRANSFERS
105 When surplus Group 1 employees exist in one operating department and
openings exist in another, transfers from the surplus department will be on
a volunteer-by-seniority basis. Those employees with the most Group 1
seniority in the department being destaffed who wish to transfer out of the
department to another operating department will be allowed to volunteer.
If not enough employees volunteer to transfer, then the necessary number
will be destaffed by moving the junior employee based on Group 1 seniority
within the department being destaffed. In either case, the employee may be
recalled to their original departments at the COMPANY's discretion for up
to one year from the date of transfer. If employees are to recalled to
their original departments, those transferred involuntarily will be
recalled first, according to Group 1 seniority; those who transferred
voluntarily will be recalled in inverse order of Group 1 seniority.
106 If an operating unit is shut down or temporarily under reduced operation
resulting in an excess of employees in any group, the UNION and the COMPANY
will meet and discuss a plan whereby these employees may be put to work so
as to prevent layoff. Employees in these groups may be assigned as helpers
to maintenance craftsmen, helpers in other groups, or as laborers.
107 Within Group 1, only those employees from the affected operating unit will
be so re-assigned. In addition: (1) there shall be no loss of overtime
incurred by the maintenance employees or other groups because of such
assignment; (2) no operator will be assigned to help maintenance within
their own operating department during a routine shutdown for repair unless
they are currently assigned to maintenance as a result of a previous
assignment; (3) no assignment to a group or craft shall cause the layoff or
prevent the recall of an employee within that group or craft; (4) no such
assignment shall be for less than five (5) days or more than eighty-nine
(89) days unless the UNION and the COMPANY mutually agree to extend the
time period.
108 No craftsman will perform the work of another craft except when a surplus
exists in a particular craft. When a surplus in a craft or crafts exists,
the COMPANY and UNION will meet, or otherwise discuss, a plan whereby the
surplus craftsmen may be put to work so as to minimize the use of
contractors, and/or prevent a layoff.
109 Surplus craftsmen will be assigned to other crafts and may work up to the
level of their individual skill and ability, under the direction of a
journeyman in the craft to which they
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have been assigned. Assignments will be filled by volunteers or by
conscript of the less senior craftsmen. Individuals so assigned may choose
layoff from the plant rather than reassignment. Assignments will not affect
vacation, benefits, or craft seniority position; or recall rights of laid
off employees if work is expected to last more than ninety (90) days. No
such assignment shall be for less than five (5) days, unless the craftsman
is unexpectedly needed back in his regular craft. Assignments longer than
eighty-nine (89) days may be made if the COMPANY and UNION agree.
SECTION 11 - LAYOFFS
110 Layoffs in all groups and maintenance craft departments shall be in inverse
order of group or craft seniority, depending on the need for employees in
that particular group or craft, it being understood that in any group or
craft the top classification will not be filled by an employee not having
both skill and ability and group or craft seniority.
111 An employee transferred from one group or craft shall retain seniority in
their former group or craft but will not be allowed to exercise their
seniority, nor shall the COMPANY be allowed to transfer the employee back
to their old group or craft unless the employee is being laid off for
reduction in force or because their work performance has been such that the
employee would be laid off for inability to perform the work.
112 Employees being laid off for reduction in force may exercise the retained
seniority in their old group or craft to forestall layoff.
113 Except for Chief or Leadman classifications, an employee exercising
retained seniority to return to their former group or craft after transfer
shall return to the same job classification they formerly occupied.
114 An employee being laid off for inability to perform the work prior to
reaching top pay in the classification in the group or craft to which they
were transferred will be considered to have accumulated seniority in their
old group or craft up to the time they were declared unable to perform such
work and will be allowed to exercise that seniority in their old group or
craft to forestall layoff. An employee transferring to a one rate job will
be given a trial period of ninety (90) days and, if unable to perform the
work, will be considered to have accrued seniority in their old group or
craft during that period. They will be allowed to exercise such seniority
in order to forestall layoff.
115 Discharge for cause or termination for any reason other than those referred
to above will not be reason for the employee to exercise their seniority
rights in the old group or craft.
SECTION 12 - REHIRING
116 Rehiring shall be in inverse order of layoffs. Employees being recalled
shall be notified by registered letter, return receipt requested, mailed to
the last address on record in the COMPANY's files. If the COMPANY does not
receive a reply to said letter from the
19
employee, within ten (10) days from the date of its delivery as shown on
the return receipt, stating that they will return to work within ten (10)
days from said delivery date; or, if they fail to so return to work
although they have sent such a reply, the next eligible employee will be
placed in the vacancy.
117 In special cases, an employee, when replying within ten (10) days to the
COMPANY's notice requesting them to return to work, may be given an
extension of time by the COMPANY beyond the ten (10) day limit specified
above. Failure to so reply or failure to so report to work will abrogate
all rehiring and seniority rights on the part of said employee. In case of
an emergency, the COMPANY may temporarily fill any vacancy without waiting
for any period of time to expire. After the emergency has expired, such
vacancies will be filled according to the regular procedure.
118 Where the period of recall is in the best judgment of the COMPANY to be
less than ninety (90) calendar days, the recalled employees may decline
recall and not lose subsequent recall rights.
SECTION 13 - GRIEVANCES
119 In all cases where the UNION or the employee claims that the principle of
seniority has been violated, such grievance must be taken up within ten
(10) days of the alleged violation and shall be handled according to the
procedure set out in Article 30 hereof. In the event the employee grieved
is not actively working on the day of such violation, the period of
limitation shall begin on the day the employee returns to work.
ARTICLE 6
WORK OUTSIDE OF REGULAR CLASSIFICATION
120 Employees who, at the request of the COMPANY, are temporarily required to
do the work of classifications other than their own shall not suffer
reduction in rate of pay because of such transfer; however, employees who,
at the request of the COMPANY, are temporarily required to do work which
pays a higher top rate will receive, for their full shift, pay based on the
new top rate in the same proportion that their regular pay bears to the top
rate of their regular job if they work two (2) or more hours on such
advance status.
121 An employee working overtime in a higher classification will receive for
all overtime hours worked pay based on the new top rate in the same
proportion that their regular pay bears to the top rate of their regular
job if they work two (2) or more hours on such advance status.
122 When an employee has worked in an upgraded position on a daily basis
continuously for fifteen (15) work days or longer, they will receive pay
and benefits based on the upgrade rate during the continuous period of
service in the higher paying position in excess of fifteen (15) days. In
computing the fifteen (15) day period of time required, absence
20
because of vacation, excused absence, sickness, jury duty, or funeral leave
shall not break continuous service but shall not be accumulated as time
worked in the upgraded position nor shall the employee receive pay and/or
benefits of the higher rate during the period of absence.
ARTICLE 7
SUPERVISORS DOING HOURLY WORK
123 Anyone employed by the COMPANY in the capacity of a ▇▇▇▇▇▇▇ or supervisor
will be permitted to perform work normally performed by the hourly
employees in the plant for the following reasons only:
124 (a) When they are instructing or training employees.
125 (b) When difficulties arise in a department and it is necessary for the
supervisor to act for the safety of equipment and personnel.
126 (c) When supervisory or technical personnel are studying or testing
operations and equipment.
127 (d) When training technical personnel.
128 (e) When starting new or revised process and equipment.
ARTICLE 8
WORK CLASSIFICATIONS - TEMPORARY VACANCIES
129 Wage rates for all classifications of work within the bargaining unit shall
be mutually agreed to between the COMPANY and the UNION, set forth
separately, and attached to this Agreement and marked "Exhibit B".
130 In the event there is a shortage of personnel on any one shift in the
operating division due to temporary absence, and the vacancy is of a higher
classification than that of part of the employees present, the vacancy
shall be filled by temporarily reclassifying an employee on the same shift
to the higher classification or, if this is not feasible, by holding over
or obtaining another employee of the same classification in the same
department from another shift.
131 If it becomes necessary to fill a temporary vacancy in the lowest
classification in the operating division, the COMPANY may require an
employee who has least department seniority in a department to temporarily
transfer to the vacancy. This Article shall not prohibit the COMPANY,
however, from temporarily transferring an employee who is not junior in
department seniority if said employee is agreeable to the temporary
transfer.
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ARTICLE 9
STAFFING OF NEW UNITS
132 The COMPANY agrees to consult with the UNION in connection with the
staffing of new units or consolidation of departments in the operating
section.
ARTICLE 10
JURISDICTION OF WORK
133 The COMPANY and the UNION recognize that work coming within the
jurisdiction of a craft or a group shall be performed by members of said
craft or group only, with the exception of running repairs which may be
performed by operating personnel. Running repairs are generally defined as
minor repairs or adjustments, requiring no new parts or material, which can
be done while a unit, or part thereof, remains in operation.
134 In order to assure increased efficiency the UNION and COMPANY agree that
Operators and Pumper Gaugers may be assigned to: (a) drive a pickup, or
similar type vehicle, for the purpose of transporting their own manpower,
materials and/or laboratory samples; (b) remove and reinstall obstructions
such as guards, grating, floor plate and handrails, when necessary to
execute their primary task; (c) utilize their special knowledge of contents
and flows in installing signs to indicate content and flow direction of
water, steam, product, etc.; (d) connect and disconnect tank cars and tank
trucks as needed for the performance of their groups' work; (e) connect and
disconnect equipment if hook-ups are available for the purposes of chemical
cleaning, cleaning, vacuum, etc.; (f) remove and install manways, covers,
inspection ports required for the inspection, decontamination and cleaning
unless pneumatic tools (except 1/2 inch drive impact wrench for drums or
solid or slurry handling equipment) and heavy equipment are required; (g)
Operators may operate forklift trucks after proper training has taken place
in the performance of their primary task; (h) decontaminate, clean, flush
and dry containers such as tanks and tank cars but are not expected to
enter vessels to accomplish these tasks; (i) hook-up, disconnect and
relocate cylinders and loading/unloading hoses for tank cars and tank
trucks. The COMPANY and UNION agree it is not efficient to perform the
assignments as listed in this paragraph if said assignment would require
(1) the call-out of an Operator or Pumper ▇▇▇▇▇▇ for the purpose to perform
said task instead of a call-out of a maintenance employee, and (2) the
performance of a task by operations or materials handling employees which
has historically and normally been performed by maintenance utilizing power
tools.
135 In cases of emergency endangering life or property, any employee may
perform work outside of their classification while such an emergency
exists.
136 Effective 7-1-96, Pumper Gaugers will work together with barge and ship
personnel to hook-up and disconnect barges and ships.
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ARTICLE 11
LEADMEN
137 The classification of leadmen in any of the mechanical crafts in the
Maintenance Department shall be filled by appointment by the Maintenance
Superintendent and subject to the provisions of Section 8, Article 5.
138 When four (4) or more employees of a craft are employed on any shift, a
leadman shall be appointed from that craft. A leadman may have up to and
including ten (10) employees in their group.
139 Additional leadmen shall be appointed from any craft having more than ten
(10) employees employed in the ratio of at least one (1) to each additional
ten (10) employees, or fraction thereof, employed. This shall apply by
shift.
140 In crafts having less than four (4) employees employed, they shall work
under the direction of the Superintendent of Maintenance or designee.
141 A leadman shall perform the work of the craft as long as the number of
employees working under their direction does not exceed five (5).
142 The leadman shall pass onto the employees in their group the work
instructions received from supervision. It shall be the leadman's duty to
see that the work of the group is of workmanlike quality and that the work
progresses at a satisfactory rate and in a safe and neat manner.
ARTICLE 12
STEWARDS
143 The UNION may designate for each Department in Operations and each craft in
Maintenance, a shop ▇▇▇▇▇▇▇ who shall call to the attention of the ▇▇▇▇▇▇▇
or supervisor any questions of working conditions that may arise in their
department or craft.
144 Discussion between the Shop ▇▇▇▇▇▇▇ and ▇▇▇▇▇▇▇ and the Supervisor shall be
at such time and place as not to interfere with work in the department or
craft.
145 If the Shop ▇▇▇▇▇▇▇ and ▇▇▇▇▇▇▇ or Supervisor are unable to agree, the
matter will be referred to the Superintendent involved in accordance with
procedure for handling grievances as set out in Article 30, it being agreed
that the Shop ▇▇▇▇▇▇▇ shall suffer no loss in pay for acting in that
capacity.
146 Any employee called in for discussion which might result in disciplinary
action or any entry to be made in their personnel file may be permitted to
have a ▇▇▇▇▇▇▇ present.
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ARTICLE 13
CONTRACT WORK - CONSTRUCTION AND MAINTENANCE
147 At no time shall maintenance employees do construction work not completed
on any project originated by a contractor. The maintenance employees may
be permitted to work on construction work within the boundary of the plant
operations provided that no construction be done beyond the capacity of the
equipment and personnel available at the plant.
148 The COMPANY shall, during the life of this Agreement, other things being
equal, award contracts for the execution of construction work in this plant
to contractors who pay the prevailing wage scale in the area and guarantee
to their employees the prevailing working conditions.
149 The UNION will be informed of any maintenance work that is to be
contracted out when maintenance employees are on the layoff list.
150 The COMPANY agrees to review annually with the UNION information showing by
crafts the work contracted out and the number of employees employed to
perform the work.
151 The COMPANY may contract out any maintenance, repair and/or renovation work
provided permanent employees covered hereby are not terminated or laid off
temporarily as a direct or indirect result of such work being contracted
out; nor shall any work contracted prevent the recall of employees on the
recall list.
ARTICLE 14
PAY DAY
152 It is further agreed between the parties to this Agreement that pay checks
shall be available to all employees weekly not later than 3:00 p.m.,
Thursday, the day designated as pay day. Not more than four (4) days' pay
shall be withheld in any period.
153 Weekly paychecks may be directly deposited with the Texas Star Federal
Credit Union if the individual bargaining unit employees sign a statement
so indicating and holding the COMPANY harmless if the Credit Union has not
credited their account by 3:00 p.m., Thursday.
ARTICLE 15
PAYROLL DISPUTES
154 The COMPANY further agrees that if any questions arise concerning time
credited or pay received by an employee, the time cards and other pertinent
records will be made available for examination to the employee and the shop
▇▇▇▇▇▇▇. In the event the difficulty cannot
24
be resolved at that time, then the same shall be considered a grievance and
handled according to the regular grievance procedure.
ARTICLE 16
PHYSICAL EXAMINATIONS
155 An applicant for employment, before being hired, must meet certain minimum
standards of health and physical fitness. The physical examination will be
given by a licensed physician employed by the COMPANY.
156 Periodic examinations of employees will be carried on with the principal
idea of helping employees improve their own health condition and to enable
COMPANY to guard the health of its employees.
157 Employees who become physically unfit, from other than occupational
reasons, to do the work of their assigned classification, may be assigned
other work until able, in the opinion of the doctor retained by the
COMPANY, to resume the work of their designated classification.
ARTICLE 17
DISCRIMINATIONS
158 No members of a signatory union shall be discriminated against, discharged
or harassed on account of their activities or interest in their UNION while
carrying out in good faith the terms of this Agreement.
159 Charges of such discriminations, discharges or harassments, if any, shall
be handled according to the regular grievance procedure.
160 Whenever a supervisory employee places charges or letters of reprimand on
an employee's record, a copy of such charges or letters of reprimand must
be furnished to such employee. Any charges or letters of reprimand made
against an employee may be referred by the employee to the grievance
procedure for handling if the employee feels the charges or letters of
reprimand are unfounded or not justified.
161 If an employee has gone a period of twenty-four (24) months without
receiving a letter of warning or reprimand, no letters issued to the
employee previously (except those which involved disciplinary suspension)
will be used for the purpose of further disciplinary action.
ARTICLE 18
UNION REPRESENTATIVES
162 When in the opinion of a ▇▇▇▇▇▇▇ or Plant Committeeman, or the COMPANY, the
counsel of a business representative of the Texas City, Texas Metal Trades
Council, or
25
any of the organizations signatory to this Agreement, is advisable or
necessary to aid in the resolving of a grievance that has arisen, such
business representative shall be permitted to enter the premises of the
COMPANY, subject to the regulations governing visitors to this plant.
ARTICLE 19
JURISDICTIONAL DISPUTES
163 The UNION agrees that in the event a jurisdictional dispute arises between
any of the unions signatory hereto, crafts or groups with reference to
jurisdiction over work to be performed at this plant by employees of the
COMPANY, the signatory unions involved in such dispute shall fully inform
the COMPANY regarding their respective positions in the matter and meet
with the COMPANY to discuss and attempt to settle the dispute, should the
COMPANY so request.
164 If, after this discussion, the matter cannot be settled between the COMPANY
and the signatory unions, it shall be settled by the UNION in accordance
with its established procedure governing the settlement of jurisdictional
disputes.
165 The UNION further agrees that such settlement shall be made without
permitting the dispute to interfere in any way with the commencement,
progress or prosecution of the work and without increasing the cost of the
work to the COMPANY by reason of payment of wages to any employee for work
not performed.
166 In the event the settlement arrived at by the UNION does not meet the above
conditions as to the work and cost thereof, then it is agreed that the
matter may again be referred to the UNION for further consideration.
ARTICLE 20
JURY SERVICE
167 Employees kept away from work because of reporting for jury service or for
service as a witness under court subpoena will be paid their regular
straight-time hourly rate, exclusive of any overtime or other premium pay,
subject to the following provisions:
SECTION 1 - MORNING COURT APPEARANCE
168 (a) Employees working days are not required to report back for work if
dismissed from court duty at or after 10:00 a.m. Employees dismissed
before 10:00 a.m. are required to report for work and complete the
work day.
169 (b) Employees on the 10:30 p.m. to 6:30 a.m. (or 11:00 p.m. to 7:00 a.m.)
shift shall not be required to work the shift on the calendar day of
their first day in court, nor any other 10:30 p.m. to 6:30 a.m. (11:00
p.m. to 7:00 a.m.) shift falling on a day they are scheduled to be in
court.
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170 Employees scheduled to work the 2:30 p.m. to 10:30 p.m. or 3:00 p.m.
to 11:00 p.m. shift are not required to report for their shift if they
are released from court after 10:00 a.m.
171 Employees scheduled to work the 10:30 p.m. to 6:30 a.m. (or 11:00 p.m.
to 7:00 a.m.) shifts are not required to report for work on these
shifts if dismissed from court duty at or after 11:00 a.m.. If
released before noon, they are expected to work their scheduled
shifts.
SECTION 2 - AFTERNOON COURT APPEARANCE
172 (a) Employees working days are required to report for work at the
beginning of their shift and will be released a reasonable period of
time prior to their court appearance.
173 (b) Employees scheduled to work the 2:30 p.m. to 10:30 p.m. (or 3:00 p.m.
to 11:00 p.m.) shift are not required to report for work prior to an
appearance in court which begins after the start of their scheduled
shift and before 6:30 p.m. Employees scheduled to work the 2:30 to
10:30 p.m. (or 3:00 p.m. to 11:00 p.m.) shift who serve three (3) or
more hours in court or who are dismissed from court at or after 6:30
p.m. are not required to work the remainder of their scheduled shift
on that payroll day.
174 (c) Employees scheduled to work the 10:30 p.m. to 6:30 a.m. (or 11:00 p.m
to 7:00 a.m.) shift whose court appearance begins before 3:00 p.m. are
not required to work their graveyard shift on that calendar day.
Employees scheduled to work the 10:30 p.m. to 6:30 a.m. (or 11:00 p.m.
to 7:00 a.m.) shift are not required to work the shift falling on the
payroll day of an appearance in court if released from court at or
after 3:00 p.m.
SECTION 3
175 Employees are required to furnish proof from the court of such service,
showing the date and time served and amount paid for their services.
ARTICLE 21
ELECTION DAY REGULATIONS
176 It is further agreed that arrangements shall be made so that all employees
working days or day shifts who are requested to work overtime, shall have
sufficient time off to vote on election days covering City, State, and
National elections, and such time off shall not be deducted from the
employee's wage.
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ARTICLE 22
REPLACEMENT OF CLOTHING
177 Any employee required to perform work which results in the damage to
clothes or shoes by chemical or fire action, to such an extent they are no
longer suitable for wear, shall be furnished with suitable clothing or be
given a cash replacement allowance; reimbursement is to be at replacement
cost less depreciation for normal wear. Replacement cost shall mean the
cost to replace the clothing at the time it is ruined.
178 The COMPANY shall furnish coveralls to the Painters when required to
sandblast or use the spray machine and to the Insulators when they are
using spray guns for coating. All such clothing shall be returned, as
directed by the COMPANY, at the completion of an assignment or shift,
whichever is applicable.
179 All employees required to perform work which results in damage to clothes
and shoes by chemical or fire action will be furnished proper protective
clothing and equipment which is appropriate under the conditions
prevailing. All such clothing and equipment shall be returned, as directed
by the COMPANY, at the completion of an assignment or shift, whichever is
applicable.
180 All hourly employees will be issued appropriate clothing (Fire Retardant
Clothing (FRC) if required, cotton overalls, or lab coats). FRC will be
made available for all employees working in areas where it is required.
Cotton coveralls will be made available to employees working in areas where
FRC is not required; however, employees not required to wear FRC may choose
to wear their own clothes instead. Stores employees will work with their
supervision to determine the appropriate method of issuing and distributing
Company issued clothing.
ARTICLE 23
LAYOFF NOTICE - SEPARATION ALLOWANCE
181 Whenever it is necessary to lay off an employee or employees because of
lack of work due to curtailment of production, process changes, changing
requirements of craft work, or any other reason beyond control of the
COMPANY, such employee or employees shall be given ten (10) working days'
notice of such layoff. The COMPANY shall have the option of paying for
their time in lieu of notice.
182 In the event of a hurricane evacuation, acts of God or other situations
beyond the reasonable and direct control of the COMPANY, the notice
provisions of Article 23 will not apply.
183 If it is necessary to lay off employees because of any labor dispute
preventing normal operations of the plant, three (3) calendar days' notice
will be given. The COMPANY shall have the option of paying for this time
in lieu of notice.
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184 Hourly paid employees who are laid off as a result of economic curtailment,
will be eligible for a separation allowance in keeping with the following
provisions:
SECTION 1 - MODE OF COMPENSATION
185 The Separation Allowance is computed on the basis of years of continuous
service with the COMPANY. Continuous service for the purpose of this
agreement is defined as time spent working for the COMPANY computed from
the employee's last date of hire. The maximum allowance for any given
period of layoff shall be as follows:
ALLOWANCE SCHEDULE
YEARS OF CONTINUOUS SERVICE MAXIMUM ALLOWANCE
Less than 1 $ 500.00
1 through 4 1,000.00
5 through 9 2,000.00
10 through 14 3,000.00
15 through 19 4,000.00
20 and over 5,000.00
SECTION 2 - METHOD OF PAYMENT
186 The Separation Allowance will be paid in weekly installments of $300 until
the maximum allowance, as specified above, is paid providing the employee
continues to meet the eligibility requirements contained in the Eligibility
Section (3) of this Article.
187 Should an employee be recalled to active employment before exhausting this
maximum allowance, payments will cease as of the effective date of recall.
Any remaining balance will be available for payment in the event the
employee is subsequently laid off before meeting the full reinstatement
requirement specified below. However, in the event the employee meets the
requirements for full allowance reinstatement, the payments will not exceed
those specified in (1) above.
188 Any employee who is recalled to regular active employment after exhausting
the maximum allowance payments will be ineligible for further separation
payments until they have completed 78 continuous weeks of active
employment, at which time they will again become eligible for full benefits
under (1) above.
189 All monies paid as Separation Allowance will be subject to applicable taxes
and other required withholdings.
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SECTION 3 - ELIGIBILITY
190 Separation Allowance is not payable to any employee who:
191 (a) Resigns or abandons employment for any reason.
192 (b) Becomes deceased.
193 (c) Elects normal or early retirement.
194 (d) Is discharged.
195 (e) Accepts a position in Sterling which is not within this bargaining
unit.
196 (f) Is receiving either occupational or non-occupational disability
benefits until said benefits are exhausted, and only then, provided
the employee is still on layoff status.
197 (g) Receives total and permanent disability benefits.
198 (h) Is recalled from layoff.
199 The above Separation Allowance shall not be paid in the event that the lack
of work is due to a labor dispute or to fire, flood, water, or power
failure, or other act of God.
ARTICLE 24
LEAVE OF ABSENCE
200 The COMPANY shall grant leave of absence, up to ninety (90) days length,
for personal reasons upon request and explanation by the employee, provided
that, in the opinion of the COMPANY, the reason for the request is worthy
and such leave shall not be used, except with the permission of the
COMPANY, for the purpose of accepting other employment and such leave shall
not affect the seniority status of said employee and/or employees.
201 The COMPANY shall, upon at least ten (10) days notice given by the UNION,
grant leaves of absence not to exceed thirty (30) days, to employees to
attend UNION conventions or meetings, provided not more than a total of
three (3) employees from the plant or one (1) employee from a department
shall be away for that purpose at any one time.
202 The COMPANY shall, upon at least two (2) weeks notice given by the UNION,
grant leaves of absence not to exceed one (1) year in length to a maximum
of two (2) employees during any one period for purposes of accepting
employment with a union signatory to
30
this Agreement. Employees on such leaves of absence will maintain their
seniority status while on leave providing they maintain continuous service
with said union. Such leaves of absence will be automatically extended on a
year-by-year basis for the duration of the Agreement, upon receipt by the
COMPANY, of a written request from the UNION at least two (2) weeks prior
to the expiration of each one (1) year period. Employees desiring to return
from such leaves will give the COMPANY at least two (2) weeks notice in
writing, and upon return will be required to take a pre-employment physical
as if they were new employees.
203 A pregnant employee who is not disabled, as defined in Article 33 of this
Agreement, may request leave of absence without pay. Said request may
cover periods prior to and/or following disability for pregnancy. These
requests will normally be granted for periods not exceeding three (3)
months after the term of pregnancy.
204 Employees elected or appointed to public office will be allowed an excused
absence, without pay, providing their absences do not create a cost to the
Company or impair normal operations.
ARTICLE 25
SANITATION AND SAFETY
SECTION 1
205 The COMPANY further agrees that it will furnish and maintain satisfactory
toilet facilities, wash bowls, lockers, emergency showers, and satisfactory
drinking fountains with running ice water in convenient places.
SECTION 2
206 All toilet and wash rooms shall be kept in clean and sanitary condition,
properly heated and ventilated, and suitable quarters with heat provided
for all employees to change clothes. There shall be facilities for drying
clothes. All staging, walks, ladders, and safety appliances shall be
constructed by competent mechanics and kept in a safe manner. Proper
lighting and ventilating shall be provided for all enclosed working places.
The employer shall furnish suitable guards around welders for the
protection of the employees' eyes. Prompt ambulance service and first aid
to injured employees shall be provided for each shift.
SECTION 3
207 The Plant Safety Engineer and the stewards in the various departments and
crafts shall cooperate in the enforcement of all rules and practices in the
furtherance of safe working conditions in this plant.
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208 The present practice of holding safety meetings, which every employee in
the plant may attend at intervals, will be continued as a means of
promoting safety and educating the employees in safe practices.
SECTION 4
209 Inspection of any job for safety purpose may be secured upon the request of
any employee assigned to that job; such inspection to be made by the Plant
Safety Engineer or Night Superintendent with the employee involved. If the
result of this inspection indicates an unsafe condition, the job will be
postponed until proper steps have been taken to remedy the condition
unless, in the opinion of the supervisor, postponing the job creates a
greater hazard.
SECTION 5
210 When an employee accompanies an OSHA representative, while on COMPANY time
during an in-plant investigation, said employee shall not suffer any loss
of pay.
SECTION 6
211 The COMPANY agrees to pay the initial cost of one pair of prescription
safety glasses purchased through the Safety Department. Such glasses may
be tinted or clear. Where the employee's prescription is from a licensed
physician and states that the employee's eye condition makes it mandatory
that they wear dark glasses during daylight hours, the COMPANY will agree
to purchase for the employee an additional pair of shaded glasses. It is
also understood that the COMPANY will pay the cost of new safety glasses
when an employee's prescription is changed.
212 The Company will pay 100% for the initial eye exam from an approved
provider. The Company will pay 75% for subsequent eye exams in two (2)
year intervals from an approved provider.
213 Additionally, up to two (2) pair of non-prescription safety sunglasses will
be provided each year from an approved list.
214 The Company payment toward frames for prescription safety glasses will be
$25.00 effective May 1, 1996.
SECTION 7
215 The COMPANY will make available to each employee represented by the Texas
City, Texas Metal Trades Council, for their own use, two (2) pairs of
approved chemical resistant safety shoes per contract year. The COMPANY
will pay eighty-five percent (85%) of the cost of the approved shoes.
Where the employee, in lieu of the above, wishes to purchase, for their own
use, other chemical resistant safety shoes, they may do
32
so. However, the employee will pay the additional cost over eighty-five
percent (85%) of the highest priced shoe on the approved list. Annually,
the Business Manager of the Texas City, Texas Metal Trades Council and
Company management will each appoint members to a committee which will meet
to review the appropriateness of the approved shoe list.
SECTION 8
216 An employee required to perform work in a slicker suit or fresh air mask
will, when necessary, be given an opportunity to rest depending on the
intensity of the work and the weather and the temperature conditions at the
time.
ARTICLE 26
BULLETIN BOARDS
217 It is further agreed that the COMPANY shall provide bulletin boards in
locations to be agreed upon between the Plant/Union Committee and the
COMPANY for the posting of UNION notices. The board shall be covered with
glass and under lock, the key of which shall remain in the possession of a
UNION representative. These boards shall be used for the display of the
following notices: UNION meetings, UNION appointments, UNION elections, and
UNION social affairs. Any and all other notices to be posted on said
boards must first have the approval of the Plant Manager. It is agreed
that no UNION matter of any kind shall be posted in and about the plant
except on said boards.
ARTICLE 27
COMPANY RULES
218 It is further agreed by both parties to this Agreement that fair treatment,
good service, and due diligence in observance of the rules as promulgated
by the COMPANY are essential to the maintenance of satisfactory working
conditions and wages described in this Agreement and for efficient
production provided that such rules as may be promulgated by the COMPANY
shall not in any way conflict with the terms of this Agreement.
ARTICLE 28
FUNERAL LEAVE
219 Employees with ninety (90) days of continuous service will be given a three
(3) day leave of absence to attend the funeral of their spouse, child,
parent, brother, sister, parent-in-law, brother-in-law, sister-in-law, son-
in-law, daughter-in-law, grandparent, grandchild, stepchild, stepmother,
stepfather, or spouse's grandparent. These shall be three (3) consecutive
calendar days, one (1) of which must be the day of the funeral. Employees
will be paid for any such days lost from work at their regular straight-
time hourly rate, exclusive of any overtime or other premium pay, provided
such are their regularly-scheduled work days. No employee shall receive
funeral leave pay for any day that is not a regularly-scheduled work day
nor for any day on which they are absent from work or on leave for any
other purpose.
33
220 Upon the death of a relative of an employee or employee's spouse where said
relative has been a long term resident of the employee's household
immediately prior to death and/or confinement to a health facility, funeral
leave provisions shall apply the same as that which applies to the death of
a person defined above within the immediate family.
221 Upon return to work, employees shall complete and sign a COMPANY "Funeral
Leave Pay" form and submit satisfactory proof of relationship to the
deceased and of actual attendance at the funeral.
222 An employee will be excused without the loss of straight time earnings to
serve as an active pallbearer on the day of the funeral of an employee or
retired employee of the Texas City Plant. The request for the employee to
serve must be from a member of the deceased employee's immediate family and
no more than six (6) employees may be excused for such pallbearer service
at any one funeral. Where the employee or employees to be excused would
result in the impairment of plant operations, the COMPANY reserves the
right to limit the number of employees absent.
ARTICLE 29
STRIKES AND LOCKOUTS
223 All members of the UNION agree to conform to the rules and regulations of
the COMPANY insofar as they do not violate the conditions of these Articles
of Agreement. No member of the UNION employed by the COMPANY shall be
discriminated against for upholding UNION principles not inconsistent with
the terms of this Agreement. The COMPANY and the UNION desire that
production shall continue without interruptions. The COMPANY and the UNION
further agree that good employer/employee relations cannot exist unless
there is a serious effort on the part of both the COMPANY and the UNION to
settle in a peaceable manner all disputes that may arise. Therefore, as a
means of promoting continued production and employment and improved
employer/employee relationships, the COMPANY and the UNION agree that the
grievance procedure and arbitration procedure provided in this Contract
shall be used to peaceably settle without strike disputes that are covered
by such grievance and arbitration procedure.
224 It is agreed that there will be no lockout by the COMPANY or strike or work
stoppage by the UNION.
225 In the event of such strike or work stoppage, there shall be no liability
on the part of the UNION, its officers or agents, if such strike or work
stoppage was not authorized, encouraged or condoned by the UNION.
226 The UNION agrees to cooperate with the COMPANY and use means at its
disposal to settle such strike or work stoppage and request such employees
to return to work.
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227 This provision shall no longer be binding on the COMPANY or the UNION if
either party has served proper notice requesting changes or modifications
of this Agreement in accordance with the terms of Article 34 and either
party has given written notice that is discontinuing negotiations.
ARTICLE 30
GRIEVANCE PROCEDURE
228 (a) The parties to this Agreement agree that any dispute, complaints, or
grievance, except those pertaining to discharge, arising out of the
interpretation or application of the terms of this Agreement, shall be
settled promptly in accordance with the following procedure:
229 STEP 1 - Any employee or group of employees, either individually or
with, or through, their ▇▇▇▇▇▇▇, may discuss with the immediate
supervisor any complaint or other matter which they feel requires
clarification. The supervisor shall have five (5) days in which to
render a verbal decision to said employee(s) and the ▇▇▇▇▇▇▇ involved,
if any. Should the decision fail to bring about a satisfactory
settlement in the matter, it may become a grievance and may be handled
in accordance with Step 2.
230 It is understood that when a group of employees desire a clarification
on a matter in which they are commonly involved, one employee in the
group, with or without, or through the ▇▇▇▇▇▇▇, if desired, shall be
designated by the group to discuss the matter with the supervisor.
Matters which do not affect the employees as a group in a common
manner, or which may require individual adjustment, shall be presented
on an individual basis.
231 STEP 2 - Within five (5) days of receipt of the verbal decision at
Step 1, the employee or group of employees, either individually or
through their ▇▇▇▇▇▇▇, may file the grievance, on forms provided by
the COMPANY, through the immediate supervisor to the general
supervisor of the department involved. Within five (5) days of
receipt of the grievance, the superintendent, the supervisor, and a
representative of the Personnel Department shall meet with the
employee and their ▇▇▇▇▇▇▇ for the purpose of discussing the
grievance. The general supervisor shall have five (5) days in which
to render a decision. If the decision brings about a satisfactory
settlement of the matter, it shall be reduced to writing and shall be
delivered to the employee, the ▇▇▇▇▇▇▇ and the UNION. If the decision
fails to bring about a satisfactory settlement, it shall not be
reduced to writing and may, within five (5) days, be appealed to Step
3 through the general supervisor.
232 STEP 3 - Within five (5) days of the appeal to Step 3, the general
superintendent of the department involved, a representative of the
Personnel Department, and such other representatives of management as
the COMPANY may desire, shall meet with the employee, the ▇▇▇▇▇▇▇
involved, the appropriate Plant/Union
35
Committeeman and the Business Manager of the UNION or designee, for
the purpose of discussion the grievance. Within five (5) days
following such meeting, the COMPANY shall answer the grievance in
writing and the answer shall be delivered to the employee, the ▇▇▇▇▇▇▇
involved, the Plant/Union Committeeman involved, and the UNION.
233 If the decision fails to bring about a satisfactory settlement of the
matter, it may be appealed in writing to the Plant Manager or
designee, within ten (10) days of the decision and will be handled in
accordance with Step 4.
234 STEP 4 - A grievance appealed to Step 4 will be entered on the agenda
of the next meeting of the Plant/Union and the Plant Management
Committees if the appeal is received at least ten (10) days prior to
its scheduled meeting. If received within the ten (10) day period
prior to a meeting, it shall be placed on the agenda for the following
meeting.
235 An employee having a grievance in regard to contractual supplemental
sick pay benefits may file a grievance directly with the Supervisor,
Labor Relations, who shall have five (5) days' time in which to
investigate and answer the grievance. Should the answer fail to bring
about a satisfactory settlement to the grievance, then the employee
may, within five (5) days, appeal the grievance directly to Step 4 of
the grievance procedure.
236 After discussion of the grievance by the Plant/Union and Plant
Management Committees, it shall be answered, in writing, to the UNION
within ten (10) days. If the grievance is settled at Step 4, the
answer shall reflect the settlement. If the grievance has not been
settled, then the COMPANY's answer shall state why the grievance is
denied.
237 (b) It is understood and agreed that no complaint, dispute, or grievance
shall be submitted to either the COMPANY or UNION after a lapse of ten
(10) days from the time the incident causing the complaint, dispute,
or grievance shall have occurred or become known to the employee.
238 (c) The COMPANY and the UNION recognize that is desirable and mutually
beneficial to have regular monthly meetings for the purpose of
discussing any grievances placed on the agenda for the respective
meeting. For this purpose, the representatives of the UNION shall
consist of a committee designated by the UNION and shall be called the
Plant/Union Committee, of which there shall be sixteen (16) employee
members. Employees in the probationary period of
36
employment shall not be eligible for membership on the Plant/Union
Committee. The following groups of employees shall each be represented
on the Plant/Union Committee by an employee of the group designated by
the UNION:
Machinists
Pipefitters
Asbestos Workers
Boilermakers
Ironworkers
Carpenters
Electrical Workers
Instrumentmen
Painters
Operating Engineers
Laborers
Truck Drivers & Helpers, Stores Clerks, and Chief Stores Clerk
Plant 1 production employees and Group 4
Plant 2 and Power production employees
Plant 3 production employees
Group 2 employees
239 (d) If an employee is discharged, the COMPANY, within three (3) days of
the discharge, shall, on request of the employee provide the employee
with a written statement of the reason or reasons for the action
taken. If the UNION desires to protest the discharge, the UNION,
instead of following the procedure set forth in Steps 1 and 2 of the
Article, may, within ten (10) days after the discharge in question,
file directly with the COMPANY, a written request for a hearing. Such
hearing shall be held within two (2) days after receipt by the COMPANY
of such written request. At such hearing, evidence may be presented
on behalf of the one discharged and by the COMPANY.
240 If the evidence presented by the UNION to the COMPANY warrants the
reinstatement of the discharged employee or employees, such
reinstatement shall be to their former position without loss of
seniority or vacation credits. All other terms of the reinstatement
may be agreed upon between the COMPANY and the UNION at this time. If
the COMPANY and the UNION cannot agree that the discharge was
justified, the dispute may be referred to arbitration in accordance
with the procedure set forth in (e) of this Article.
241 (e) If a grievance or discharge protest cannot be settled to the mutual
satisfaction of the COMPANY and UNION in Steps 1 through 4 or as
provided in (d) above, the UNION shall have forty-five (45) days
during which to notify the COMPANY of their desire to arbitrate the
dispute.
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242 (f) All time limits noted in this Article are exclusive of Saturdays,
Sundays and holidays. Extensions of time limits as set forth in this
Article, may be requested by either the COMPANY or the UNION to take
care of unusual cases.
ARTICLE 31
ARBITRATION PROCEDURE
243 It is further agreed that if the COMPANY and the UNION cannot mutually
settle any controversies, differences or disputes that arise regarding
discharges or dismissals, or interpretations and application of this
Agreement, the COMPANY or the UNION, upon the request of the opposite party
to this Agreement to arbitrate such controversies, differences or disputes
shall, in accordance with Step 4 of Article 30, meet and name one (1)
representative each as arbitrators and within five (5) days after the
appointment of said two (2) arbitrators, an attempt shall be made to
mutually settle such controversies, differences or disputes by the two (2)
arbitrators. In the event they cannot mutually settle the dispute within
five (5) days from their appointment, the said two (2) arbitrators shall
agree upon a third (3rd) arbitrator and the dispute shall be settled by a
majority of said arbitrators, which decision shall be final and binding
upon both parties to this Agreement. In the event the two (2) arbitrators
cannot mutually agree on the third (3rd) arbitrator within ten (10) days,
the Director of Federal Mediation and Conciliation Service for Region X
shall be requested to submit a list of five (5) arbitrators. The UNION and
the COMPANY will, within ten (10) days, eliminate from the list four (4)
names by each, alternately eliminating one (1). The name remaining shall
then become the third (3rd) arbitrator.
244 Grievances appealed to arbitration but not scheduled for hearing within 12
months of the appeal are considered to be dropped.
245 The COMPANY and the UNION shall bear the expenses of their respective
arbitrators. All other expenses of the arbitration shall be borne by and
divided equally between the UNION and the COMPANY.
246 The decision of the majority of the Arbitration Committee shall be rendered
within sixty (60) days after the hearing and shall be final and binding
upon the parties hereto. Such decision shall be within the scope and terms
of this Agreement and shall not change any of its terms or conditions. The
Arbitrators shall, in their decision, specify whether or not the decision
is retroactive or the effective date thereof.
ARTICLE 32
ABROGATION OF CONTRACT ARTICLES
247 Should any part hereof, or any provisions herein contained, be rendered or
declared invalid by reason of any existing or subsequently enacted
legislation or by a decree of a court of competent jurisdiction, such
invalidation of such part or portion of this Agreement shall not invalidate
the remaining portion hereof and they shall remain in full force and
effect.
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ARTICLE 33
NON-OCCUPATIONAL ACCIDENT AND SICKNESS PLAN
SECTION 1
248 The Sick Benefit Plan is provided to aid employees in meeting their
expenses while suffering from illness or from a non-occupational accident
in accordance with the following schedule:
PLANT MAXIMUM NUMBER
SERVICE CREDIT OF WEEKS BENEFIT
Six months to 1 year 12 weeks
Over 1 year 26 weeks
249 Plant Service Credit shall mean employment with the COMPANY which is
credited to the employee from the records of the COMPANY.
250 This credit shall start with the employee's hiring date with the COMPANY
and shall be known as the anniversary date for the purposes of
administering this plan.
251 Plant Service Credit shall in remain if effect for one-year absence on
account of illness. It shall then be broken until the employee returns to
work. Plant Service Credit shall not accumulate after one (1) month
absence due to approved Leave of Absence. No credit shall be given for
absence due to layoff or strikes.
SECTION 2
252 Maximum Number of Weeks Benefits is determined by the employee's Service
Credit, and all disability periods occurring within the Service Credit year
will be totaled for the purpose of computing the Maximum Benefits allowed
for that year.
253 Unused benefits during a Service Credit year may not be carried over to the
next Service Credit Year.
254 An employee whose continuous absence due to an illness or injury extends
from one (1) service year to another shall be entitled to a maximum of
twenty-six (26) weeks benefits for that disability. An employee whose
continuous absence exceeds such maximum benefits must return to work for a
period of sixty (60) days for a related disability or one (1) day for an
unrelated disability in order to receive further benefits to which they may
be entitled. Total benefits will not exceed twenty-six (26) weeks in a
service year.
39
SECTION 3
255 The Plan provides benefits based on a normal work week of forty (40) hours
and a normal day of eight (8) hours. In case the number of hours in the
normal work week or work day is changed, the benefits listed below will be
changed in direct proportion to the change in the scheduled working hours.
256 The sick benefits provided for herein shall be less any amount or amounts
of disability benefits which may be provided for through the State or
Federal legislation or increased weekly benefits provided in the Group
Insurance Plan.
SECTION 4
257 The Plan will provide benefit payments based on the employee's base hourly
rate, exclusive of all premium pay. Benefit payments will be made for an
employee's disability extending beyond the waiting period for each
scheduled work day up to the maximum number of weeks for which the employee
is eligible according to the schedule in Section 1. The waiting period
will be based on sick occurrences during the previous twelve (12) months.
DAYS SICK OCCURRENCES
WAITING PERIOD IN PREVIOUS 12 MONTHS
0 2 or less
1 3
1 4
2 5 or more
258 Should an employee become sick and leave the plant during the first four
hours of their regularly scheduled hours of work, such day shall be counted
as a part of the waiting period for the purposes of sick leave benefits.
However, when an employee is off twenty-one (21) consecutive calendar days,
they shall receive benefits for one (1) day's waiting period.
259 The COMPANY will provide sick leave benefits in an amount equal to 90% of
an employee's base straight-time earnings for work days lost.
260 An employee with greater than one (1) year of COMPANY service who does not
use any sick leave in a given service year will accumulate an extra week of
sick leave for each year in which no sick leave is taken up to a maximum of
ten (10) additional weeks of sick leave.
261 If an employee who has so accumulated a extra week(s) of sick leave should
subsequently become ill or injured, the "accumulated" sick time will be
used first.
40
262 If an employee uses all "accumulated" and all twenty-six (26) weeks of
normal sick leave as provided in Section 1 and Section 2 of this article
and continues on sick leave, the maximum number of subsequent sick benefit
weeks at 65% of straight time earnings will be proportionately adjusted and
reduced by one week for each week of "accumulated" sick leave paid at the
higher level of compensation.
263 In order to implement this plan, any employee who does not use any sick
leave during their service year in effect on May 1, 1989 will receive an
extra week of sick leave.
SECTION 5
264 (a) An employee must present evidence satisfactory to the COMPANY, showing
that an absence is due to illness or accident within the meaning of
this Plan on forms provided by the COMPANY.
265 (b) An employee's absence must be reported to the Human Resources
Department by the third day of absence by the employee, the doctor, or
a member of the family. Failure to comply will be considered an
absence without leave.
266 (c) Employees must adopt such remedial measures as may be commensurate
with their disability and permit such reasonable examinations and
inquiries by the COMPANY's Medical Department representative as, in
its judgment, may be necessary to ascertain the employee's condition.
SECTION 6
Payments will not be made for:
267 (a) Any period of disability during which the employee is not under
treatment by a licensed physician or a licensed chiropractor.
268 (b) Any disability caused directly or indirectly by war or riot.
269 (c) Any sickness or injury due to the employee's
(1) willful intention to injure oneself or another;
(2) venereal diseases;
(3) intoxication or the use of drugs except when in an EAP approved
treatment program for substance abuse.
270 (d) Any disability occurring while the employee is working for wages or
profit.
271 (e) Any disability due to misconduct.
41
272 (f) Any disability when an employee is absent because of layoffs, strikes,
or leave of absence or on vacation. Any employee who is injured or
becomes sick during vacation and is unable to return to work at the
end of the vacation shall qualify for benefits in accordance with the
Plan.
273 (g) All benefits under this plan shall cease immediately when employment
with the COMPANY is terminated for any reason.
SECTION 7
274 The COMPANY reserves the right to withhold benefit payments to any employee
who is guilty of submitting a false claim or of abuse of the privileges
covered and may take disciplinary action including discharge.
ARTICLE 34
CONTRACT PERIOD
275 This agreement shall become effective on the date of signing and shall
remain in effect until 4:00 p.m. May 1, 1999, and the same shall
automatically renew itself from year to year thereafter unless either party
shall have given the other written notice of desired changes or termination
at least sixty (60) days before the anniversary date.
276 The COMPANY and UNION also agree that any subsequent agreement reached
within the duration of this Agreement will be in compliance with applicable
Federal laws, regulations, guidelines and standards.
42
STERLING CHEMICALS, INC.
--------------------------------------------------------------------------
Director of Manufacturing
--------------------------------------------------------------------------
Human Resources Manager
TEXAS CITY, TEXAS METAL
TRADES COUNCIL, AFL-CIO
--------------------------------------------------------------------------
President
--------------------------------------------------------------------------
Business Manager
ELECTRICAL WORKERS LOCAL NO. 527
By
------------------------------------------------------------------------
OPERATING ENGINEERS NO. 347
By
------------------------------------------------------------------------
PAINTERS & PAPERHANGERS NO. 585
By
------------------------------------------------------------------------
BRIDGE, STRUCTURAL & ORNAMENTAL IRON WORKERS NO. 135
By
------------------------------------------------------------------------
INTERNATIONAL ASSOCIATION OF MACHINISTS NO. 1446, AFFILIATED WITH DISTRICT
NO. 37
By
------------------------------------------------------------------------
SHEET METAL WORKERS NO. 54
By
------------------------------------------------------------------------
43
TEAMSTERS LOCAL NO. 1111
By
------------------------------------------------------------------------
CARPENTERS LOCAL NO. 973
By
------------------------------------------------------------------------
INSTRUMENT LODGE NO. 903
By
------------------------------------------------------------------------
INTERNATIONAL BROTHERHOOD OF BOILER MAKERS, IRON SHIP BUILDERS, BLACKSMITHS,
FORGERS AND HELPERS NO. 132
By
------------------------------------------------------------------------
HEAT & FROST INSULATORS & ASBESTOS WORKERS NO. 111
By
------------------------------------------------------------------------
PIPEFITTERS LOCAL NO. 211
By
------------------------------------------------------------------------
OPERATING ENGINEERS NO. 450
By
------------------------------------------------------------------------
44
*EXHIBIT A-1--FORTY HOUR MASTER SHIFT SCHEDULE
ALL EMPLOYEES EXCEPT MAINTENANCE EMPLOYEES
277
MTWTFSS MTWTFSS MTWTFSS MTWTFSS MTWTFSS MTWTFSS MTWTFSS
1 xx11111 1xx2222 22xx333 333xx11 1111xx2 22222xx x33333x
2 11xx222 222xx33 3333xx1 11111xx x22222x xx33333 3xx1111
3 2222xx3 33333xx x11111x xx22222 2xx3333 33xx111 111xx22
4 x33333x xx11111 1xx2222 22xx333 333xx11 1111xx2 22222xx
5 3xx1111 11xx222 222xx33 3333xx1 11111xx x22222x xx33333
5-A 3xx1111 11xx111 112xx11 1113xx1 11111xx x11112x xx11113
6 111xx22 2222xx3 33333xx x11111x xx22222 2xx3333 33xx111
7 22222xx x33333x xx11111 1xx2222 22xx333 333xx11 1111xx2
8 xx33333 3xx1111 11xx222 222xx33 3333xx1 11111xx x22222x
9 33xx111 111xx22 2222xx3 33333xx x11111x xx22222 2xx3333
9-A 33xx111 111xx11 1122xx1 11133xx x11111x xx11122 2xx1113
10 1111xx2 22222xx x33333x xx11111 1xx2222 22x3333 333xx11
11 x22222x xx33333 3xx1111 11xx222 222xx33 3333xx1 11111xx
12 2xx3333 33xx111 111xx22 2222xx3 33333xx x11111x xx22222
13 333xx11 1111xx2 22222xx x33333x xx11111 1xx2222 22xx333
13-A 333xx11 1111xx1 11222xx x11333x xx11111 1xx1122 22xx113
14 11111xx x22222x xx33333 3xx1111 11xx222 222xx33 3333xx1
15 xx22222 2xx3333 33xx111 111xx22 2222xx3 33333xx x11111x
16 22xx333 333xx11 1111xx2 22222xx x33333x xx11111 1xx2222
17 3333xx1 11111xx x22222x xx33333 3xx1111 11xx222 222xx33
17-A 3333xx1 11111xx x12222x xx13333 3xx1111 11xx122 222xx13
18 x11111x xx22222 2xx3333 33xx111 111xx22 2222xx3 33333xx
19 1xx2222 22xx333 333xx11 1111xx2 22222xx x33333x xx11111
20 222xx33 3333xx1 11111xx x22222x xx33333 3xx1111 11xx222
21 33333xx x11111x xx22222 2xx3333 33xx111 111xx22 2222xx3
45
278
EXHIBIT A X-1
40 HOUR MASTER SHIFT SCHEDULE
STERLING CHEMICALS
X1 SHIFT SCHEDULE
Hours of Shifts
---------------
1. 10:30-6:30
2. 6:30-2:30 "UO Shift--Shift Breaker Works Mon.-Fri.
3. 2:30-10:30 6:30-2:30 Sat. and Sun. Off
.. Days Off
I II III IV V VI VII VIII
MTWTFSS MTWTFSS MTWTFSS MTWTFSS MTWTFSS MTWTFSS MTWTFSS MTWTFSS
A-1 33..222 222..11 11111.. ..33333 33..222 222..11 11111.. ..33333
A-2 33..222 22.2.11 11111.. ..33333 33..222 22.2.11 11111.. ..33333
A-3 33..222 2.22.11 11111.. ..33333 33..222 2.22.11 11111.. ..33333
A-4 33..222 .222.11 11111.. ..33333 33..222 .222.11 11111.. ..33333
A-5 33.2.22 222..11 11111.. ..33333 33.2.22 222..11 11111.. ..33333
B-1 ..33333 33..222 222..11 11111.. ..33333 33..222 222..11 11111..
B-2 ..33333 33..222 22.2.11 11111.. ..33333 33..222 22.2.11 11111..
B-3 ..33333 33..222 2.22.11 11111.. ..33333 33..222 2.22.11 11111..
B-4 ..33333 33..222 .222.11 11111.. ..33333 33..222 .222.11 11111..
B-5 ..33333 33.2.22 222..11 11111.. ..33333 33.2.22 222..11 11111..
C-1 11111.. ..33333 33..222 222..11 11111.. ..33333 33..222 222..11
C-2 11111.. ..33333 33..222 22.2.11 11111.. ..33333 33..222 22.2.11
C-3 11111.. ..33333 33..222 2.22.11 11111.. ..33333 33..222 2.22.11
C-4 11111.. ..33333 33..222 .222.11 11111.. ..33333 33..222 .222.11
C-5 11111.. ..33333 33.2.22 222..11 11111.. ..33333 33..222 222..11
D-1 222..11 11111.. ..33333 33..222 222..11 11111.. ..33333 33..222
D-2 22.2.11 11111.. ..33333 33..222 22.2.11 11111.. ..33333 33..222
D-3 2.22.11 11111.. ..33333 33..222 2.22.11 11111.. ..33333 33..222
D-4 .222.11 11111.. ..33333 33..222 .222.11 11111.. ..33333 33..222
D-5 222..11 11111.. ..33333 33.2.22 222..11 11111.. ..33333 33.2.22
UO 22222.. 22222.. 22222.. 22222.. 22222.. 22222.. 22222.. 22222..
SHIFT BEGINNING AT 10:30 PM IS CONSIDERED THE FIRST SHIFT OF THE FOLLOWING DAY
(E.G.) THE SHIFT BEGINNING AT 10:30 PM FRIDAY IS THE FIRST SHIFT SATURDAY
46
EXHIBIT A-2
FORTY HOUR MASTER SHIFT SCHEDULE (TWO SHIFTS ONLY)
279
MTWTFSS MTWTFSS MTWTFSS MTWTFSS MTWTFSS MTWTFSS MTWTFSS
1xx2222 22xx111 111xx22 2222xx1 11111xx x22222x xx11111
222xx11 1111xx2 22222xx x11111x xx22222 2xx1111 11xx222
11111xx x22222x xx11111 1xx1222 22xx111 111xx22 2222xx1
x11111x xx22222 2xx1111 11xx222 222xx11 1111xx2 22222xx
1xx2222 22xx111 111xx22 2222xx1 11111xx x22222x xx11111
222xx11 1111xx2 22222xx x11111x xx22222 2xx1111 11xx222
1111xx2 22222xx x11111x xx22222 2xx1111 11xx222 222xx11
x22222x xx11111 1xx2222 22xx111 111xx22 2222xx1 11111xx
22xx111 111xx22 2222xx1 11111xx x22222x xx11111 1xx2222
▇▇
▇▇▇▇▇▇▇ ▇-▇▇
▇▇▇▇▇ ▇▇▇▇▇ MASTER SHIFT SCHEDULE
THREE SHIFT SCHEDULE
ALL EMPLOYEES EXCEPT MAINTENANCE
280
M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S
3 4 5 6 7 8 9 10111213141516 17181920212223 24252627282930 31 1 2 3 4 5 6 7 8 910111213 14151617181920
14151617181920 21222324252627 28293031 1 2 3 4 5 6 7 8 910 11121314151617 18192021222324 252627282930 1
23242526272829 3031 1 2 3 4 5 6 7 8 9101112 13141516171819 20212223242526 27282930 1 2 3 4 5 6 7 8 910
1 2 3 4 5 6 7 8 91011121314 15161718192021 22232425262728 293031 1 2 3 4 5 6 7 8 91011 12131415161718
10111213141516 17181920212223 24252627282930 31 1 2 3 4 5 6 7 8 910111213 14151617181920 21222324252627
19202122232425 262728293031 2 3 4 5 6 7 8 9101112131415 16171819202122 23242526272829 3031 1 2 3 4 5
272829 1 2 3 4 5 6 7 8 91011 12131415161718 19202122232425 262728293031 1 2 3 4 5 6 7 8 9101112131415
EXHIBIT A-30
1 A 2 2 2 2 2 x x x 1 1 1 1 1 x x 3 3 3 3 3 x x x 2 2 2 2 2 2 x x 1 1 1 1 1 x x 3 3 3 3 3 3 x x 2 2 2
2 B 3 3 3 x x 2 2 2 2 2 2 x x 1 1 1 1 1 x x 3 3 3 3 3 3 x x x 2 2 2 2 2 x x x 1 1 1 1 1 x x 3 3 3 3 3
3 C 1 x x 3 3 3 3 3 3 x x 2 2 2 2 2 2 x x 1 1 1 1 1 x x 3 3 3 3 3 3 x x 2 2 2 2 2 2 x x x 1 1 1 1 1 x
4 D x x 1 1 1 1 1 x x 3 3 3 3 3 3 x x 2 2 2 2 2 2 x x 3 3 3 1 1 x x 3 3 3 3 3 3 x x 2 2 2 2 2 2 x x 1
5 E 1 1 1 1 1 x x 1 1 1 1 1 x x 1 1 1 1 1 x x 1 1 1 1 1 x x 1 1 1 1 1 x x 1 1 1 1 1 x x 1 1 1 1 1 x x
* * * * * * *
M T W T F S S M T W T F S S M T W T F S S
21222324252627 28 1 2 3 4 5 6 7 8 910111213
2 3 4 5 6 7 8 9101112131415 16171819202122
11121314151617 18192021222324 25262728293031
19202122232425 2627282930 1 2 3 4 5 6 7 8 9
282930 1 2 3 4 5 6 7 8 91011 12131415161718
6 7 8 9101112 13141516171819 20212223242526
16171819202122 23242526272829 30 1 2 3 4 5 6
EXHIBIT A-30
1 A 2 2 2 x x 1 1 1 1 1 x x 3 3 3 3 3 3 x x 2
2 B 3 x x 2 2 2 2 2 2 x x 1 1 1 1 1 x x 3 3 3
3 C x 3 3 3 3 3 x x x 2 2 2 2 2 2 x x 1 1 1 1
4 D 1 1 1 1 x x 3 3 3 3 3 3 x x x 2 2 2 2 2 x
5 E 1 1 1 1 1 x x 1 1 1 1 1 x x 1 1 1 1 1 x x
* * *
EACH EMPLOYEE IS SCHEDULED OFF TWO DAYS IN EACH WORK WEEK
THESE TWO DAYS NEED NOT BE CONSECUTIVE
48
EXHIBIT A-3
THREE SHIFT SCHEDULE
281
MTWTFSS MTWTFSS MTWTFSS MTWTFSS MTWTFSS MTWTFSS MTWTFSS MTWTFSS MTWTFSS MTWTFSS
22222xx x11111x x33333x xx22222 2xx1111 1xx3333 33xx222 222xx11 111xx33 3333xx2
333xx22 2222xx1 1111xx3 33333xx x22222x xx11111 xx33333 3xx2222 22xx111 11xx333
1xx3333 33xx222 222xx11 111xx33 3333xx2 22222xx x11111x x33333x xx22222 2xx1111
xx11111 xx33333 3xx2222 22xx111 11xx333 333xx22 2222xx1 1111xx3 33333xx x22222x
* * * * * * * * * *
*No Day Coverage
49
282
EXHIBIT A-5
40 HR. MASTER SHIFT SCHEDULE
MTWTFSS MTWTFSS MTWTFSS MTWTFSS
11111XX XX11111 11111XX 11111XX
11111XX 11111XX XX11111 11111XX
11111XX 11111XX 11111XX XX11111
XX11111 11111XX 11111XX 11111XX
Monday-Friday, 7:00 a.m. to 3:30 p.m., no paid lunch.
Saturday, Sunday and Holidays, 7:00 a.m. to 3:00 p.m., paid lunch
283
EXHIBIT A-6
NORMAL DAY SCHEDULE
Monday through Friday
7:00 a.m. to 11:00 a.m.
11:30 a.m. to 3:30 p.m.
May also be used for operators, pumper-gaugers, and analysts
for training purposes other than direct on-the-job training
50
EXHIBIT A-7
SPECIAL STRAIGHT DAY SCHEDULE
FOR
PRODUCTION DEPARTMENT
284
MTWTFSS MTWTFSS MTWTFSS MTWTFSS MTWTFSS MTWTFSS MTWTFSS
11111xx x11111x xx11111 1xx1111 11xx111 111xx11 1111xx1
51
*EXHIBIT A-9
SPECIAL PILOT PLANT AND TBA UNIT SCHEDULE
285
MTWTFSS MTWTFSS MTWTFSS
11111xx 22222xx 33333xx
22222xx 33333xx 11111xx
33333xx 11111xx 22222xx
*As per letter of 5/8/56
52
286
EXHIBIT A-10--THREE SHIFT SCHEDULE
ALL EMPLOYEES EXCEPT GROUP 1
(will be used for start-ups, shutdowns,
plant emergencies, and overhauls)
MTWTFSS MTWTFSS MTWTFSS
11111xx 22222xx 33333xx
22222xx 33333xx 11111xx
33333xx 11111xx 22222xx
287
EXHIBIT A-11--TWO SHIFT SCHEDULE
ALL EMPLOYEES EXCEPT GROUP 1
(will be used for start-ups, shutdowns,
plant emergencies, and overhauls)
MTWTFSS MTWTFSS
11111xx 22222xx
22222xx 11111xx
53
288
EXHIBIT A-20
*SPECIAL PILOT PLANT SCHEDULE
MTWTFSS MTWTFSS MTWTFSS MTWTFSS MTWTFSS MTWTFSS MTWTFSS
(22) 11111xx x11111x x11111x x11222x xx22222 xx11111 11xx111
(23) xx22222 2xx1111 1xx2221 1xx1111 1xx1111 11xx122 22111xx
*As per letter of 10/4/57
54
EXHIBIT B
WAGE RATES
EFFECTIVE
6:30 -- 7:00 A.M
MAY 1, 1996
======================================================================
$.40 2.5% 3.0% 289
5-1-96 5-1-97 5-1-98
======================================================================
----------------------------------------------------------------------
PRODUCTION
----------------------------------------------------------------------
Chief Operator $22.44 $23.00 $23.69
----------------------------------------------------------------------
Operator 21.27 21.80 22.45
----------------------------------------------------------------------
Chief Pumper ▇▇▇▇▇▇ 22.44 23.00 23.69
----------------------------------------------------------------------
Pumper ▇▇▇▇▇▇ 21.27 21.80 22.45
----------------------------------------------------------------------
Chief Laboratory Analyst 22.44 23.00 23.69
----------------------------------------------------------------------
Laboratory Analyst 21.27 21.80 22.45
----------------------------------------------------------------------
----------------------------------------------------------------------
POWER & UTILITY
----------------------------------------------------------------------
Shift Engineer 22.44 23.00 23.69
----------------------------------------------------------------------
Operator 21.27 21.80 22.45
----------------------------------------------------------------------
----------------------------------------------------------------------
STORES
----------------------------------------------------------------------
Chief Stores Clerk
----------------------------------------------------------------------
Entry 21.06 21.59 22.24
----------------------------------------------------------------------
Max 21.77 22.31 22.98
----------------------------------------------------------------------
Stores Clerk
----------------------------------------------------------------------
Entry 19.53 20.02 20.62
----------------------------------------------------------------------
Max 20.53 21.04 21.67
----------------------------------------------------------------------
----------------------------------------------------------------------
MAINTENANCE
----------------------------------------------------------------------
Asbestos Worker Leadman 22.44 23.00 23.69
----------------------------------------------------------------------
Asbestos Worker 21.27 21.80 22.45
----------------------------------------------------------------------
Boilermaker Leadman 22.44 23.00 23.69
----------------------------------------------------------------------
Boilermaker 21.27 21.80 22.45
----------------------------------------------------------------------
Ironworker Leadman 22.44 23.00 23.69
----------------------------------------------------------------------
Ironworker 21.27 21.80 22.45
----------------------------------------------------------------------
▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ 22.44 23.00 23.69
----------------------------------------------------------------------
▇▇▇▇▇▇▇▇▇ 21.27 21.80 22.45
----------------------------------------------------------------------
Electrical Worker Leadman 22.58 23.14 23.83
----------------------------------------------------------------------
Electrical Worker 21.31 21.84 22.50
----------------------------------------------------------------------
Painter Leadman 22.44 23.00 23.69
----------------------------------------------------------------------
Painter 21.27 21.80 22.45
----------------------------------------------------------------------
Machinist Leadman 22.44 23.00 23.69
----------------------------------------------------------------------
Machinist 21.27 21.80 22.45
----------------------------------------------------------------------
Pipefitter Leadman 22.44 23.00 23.69
----------------------------------------------------------------------
Pipefitter 21.27 21.80 22.45
----------------------------------------------------------------------
Operating Engineer Leadman 22.44 23.00 23.69
----------------------------------------------------------------------
Operating Engineer 21.27 21.80 22.45
======================================================================
55
EXHIBIT B, Continued
EFFECTIVE
6:30 -- 7:00 A.M
MAY 1, 1996
======================================================================
$.40 2.5% 3.0% 289
5-1-96 5-1-97 5-1-98
======================================================================
----------------------------------------------------------------------
MAINTENANCE (CONT'D)
----------------------------------------------------------------------
Instrument Leadman 22.58 23.14 23.83
----------------------------------------------------------------------
Instrumentman 21.31 21.84 22.50
----------------------------------------------------------------------
Labor Leadman 21.10 21.63 22.28
----------------------------------------------------------------------
Truck Dispatcher 21.31 21.84 22.50
----------------------------------------------------------------------
Truck & Tractor Driver
----------------------------------------------------------------------
ENTRY 19.76 20.25 20.86
----------------------------------------------------------------------
MAX 20.16 20.66 21.28
----------------------------------------------------------------------
Truck Helper
----------------------------------------------------------------------
ENTRY 19.28 19.76 20.35
----------------------------------------------------------------------
MAX 19.54 20.03 20.63
----------------------------------------------------------------------
Laborer
----------------------------------------------------------------------
ENTRY* 17.84 18.29 18.84
----------------------------------------------------------------------
MAX 19.28 19.76 20.35
----------------------------------------------------------------------
Laborer Special 19.54 20.03 20.63
----------------------------------------------------------------------
*Advance to Maximum after three months working in classification.
======================================================================
56
EXHIBIT C-1
MERIT PROGRESSION SCHEDULE
EFFECTIVE
6:30 -- 7:00 A.M
MAY 1, 1996
==========================================================
$.40 2.5% 3.0% 290
5-1-96 5-1-97 5-1-98
==========================================================
Chief Stores Clerk $ 21.06 $ 21.59 $ 22.24 Hire
----------------------------------------------------------
21.29 21.82 22.47
----------------------------------------------------------
21.51 22.05 22.71
----------------------------------------------------------
21.77 22.31 22.98 Top
----------------------------------------------------------
----------------------------------------------------------
Stores Clerk 19.53 20.02 20.62 Hire
----------------------------------------------------------
19.75 20.24 20.85
----------------------------------------------------------
19.93 20.43 21.04
----------------------------------------------------------
20.06 20.56 21.18
----------------------------------------------------------
20.18 20.68 21.30
----------------------------------------------------------
20.41 20.92 21.55
----------------------------------------------------------
20.53 21.04 21.67 Top
----------------------------------------------------------
----------------------------------------------------------
Truck Driver 19.76 20.25 20.86 Hire
----------------------------------------------------------
19.94 20.44 21.05
----------------------------------------------------------
20.16 20.66 21.28 Top
----------------------------------------------------------
----------------------------------------------------------
Truck Helper 19.28 19.76 20.35 Hire
----------------------------------------------------------
19.41 19.90 20.50
----------------------------------------------------------
19.54 20.03 20.63 Top
==========================================================
57
EXHIBIT C-1, (CONT'D.)
LABORATORY ANALYST APPRENTICE
MERIT PROGRESSION RATE
EFFECTIVE 2.5% 3.0% 290
MERIT PROGRESSION 5-1-96 5-1-97 5-1-98
====================================================================================
Start $16.50 $16.91 $17.42
------------------------------------------------------------------------------------
End of 6 Months 17.21 17.64 18.17
------------------------------------------------------------------------------------
End of 12 Months 17.96 18.41 18.96
------------------------------------------------------------------------------------
End of 18 Months 18.73 19.20 19.78
------------------------------------------------------------------------------------
End of 24 Months 19.54 20.03 20.63
------------------------------------------------------------------------------------
End of 30 Months 20.39 20.90 21.53
------------------------------------------------------------------------------------
End of 36 Months Journeyman rate Journeyman rate Journeyman rate
====================================================================================
Effective May 1, 1996, all Apprentices hired after this date will be paid at
the above Merit Progression Rates, subject to across the board increases
occurring after May 1, 1996. Existing Apprentices will be "Grandfathered"
under the old progression rates per a separate list. These grandfathered
rates will not be reflected on the contract.
****************
Merit increases are granted after the completion of three (3) months' service
and are based on progress in job knowledge, ability and skill, attitude toward
the job and safe practices. The increase is effective on the Monday of the week
in which the anniversary date falls.
When increases are not granted, an explanation is given the employee by
supervision.
--------------------------------------------------------------------------------
58
EXHIBIT C-2
MAINTENANCE APPRENTICE
MERIT PROGRESSION RATE
ASBESTOS WORKER, BOILERMAKER, ▇▇▇▇▇▇▇▇▇, IRONWORKER,
MACHINIST, OPERATING ENGINEER, PAINTER, PIPEFITTER
MERIT EFFECTIVE 2.5% 3.0% 291
PROGRESSION 5-1-96 5-1-97 5-1-98
----------------------------------------------------------------------------
Start $16.50 $16.91 $17.42
----------------------------------------------------------------------------
End of 6 Months 17.03 17.46 17.98
----------------------------------------------------------------------------
End of 12 Months 17.58 18.02 18.56
----------------------------------------------------------------------------
End of 18 Months 18.15 18.60 19.16
----------------------------------------------------------------------------
End of 24 Months 18.74 19.21 19.79
----------------------------------------------------------------------------
End of 30 Months 19.34 19.82 20.41
----------------------------------------------------------------------------
End of 36 Months 19.97 20.47 21.08
----------------------------------------------------------------------------
End of 42 Months 20.61 21.13 21.76
----------------------------------------------------------------------------
End of 48 Months Journeyman rate Journeyman rate Journeyman rate
============================================================================
Effective May 1, 1996, all Apprentices hired after this date will be paid
at the above Merit Progression Rates, subject to across the board increases
occurring after May 1, 1996. Existing Apprentices will be "Grandfathered"
under the old progression rates per a separate list. These grandfathered
rates will not be reflected on the contract.
EXHIBIT C-3
INSTRUMENT & ELECTRICAL APPRENTICE
MERIT PROGRESSION RATE
============================================================================
MERIT EFFECTIVE 2.5% 3.0% 292
PROGRESSION 5-1-96 5-1-97 5-1-98
----------------------------------------------------------------------------
Start $16.50 $16.91 $17.42
----------------------------------------------------------------------------
End of 6 Months 16.93 17.35 17.87
----------------------------------------------------------------------------
End of 12 Months 17.37 17.80 18.33
----------------------------------------------------------------------------
End of 18 Months 17.82 18.27 18.82
----------------------------------------------------------------------------
End of 24 Months 18.28 18.74 19.30
----------------------------------------------------------------------------
End of 30 Months 18.76 19.23 19.81
----------------------------------------------------------------------------
End of 36 Months 19.25 19.73 20.32
----------------------------------------------------------------------------
End of 42 Months 19.75 20.24 20.85
----------------------------------------------------------------------------
End of 48 Months 20.26 20.77 21.39
----------------------------------------------------------------------------
End of 54 Months 20.78 21.30 21.94
----------------------------------------------------------------------------
End of 60 Months Journeyman rate Journeyman rate Journeyman rate
============================================================================
Effective May 1, 1996, all Apprentices hired after this date will be paid at
the above Merit Progression Rates, subject to across the board increases
occurring after May 1, 1996. Existing Apprentices will be "Grandfathered"
under the old progression rates per a separate list. These grandfathered
rates will not be reflected on the contract.
59
EXHIBIT C-4
CHEMICAL OPERATOR APPRENTICE
MERIT PROGRESSION RATE
============================================================================
MERIT EFFECTIVE 2.5% 3.0% 293
PROGRESSION 5-1-96 5-1-97 5-1-98
============================================================================
Start $16.50 $16.91 $17.42
-----------------------------------------------------------------------------
End of 6 Months 17.21 17.64 18.17
-----------------------------------------------------------------------------
End of 12 Months 17.96 18.41 18.96
-----------------------------------------------------------------------------
End of 18 Months 18.73 19.20 19.78
-----------------------------------------------------------------------------
End of 24 Months 19.54 20.03 20.63
-----------------------------------------------------------------------------
End of 30 Months 20.39 20.90 21.53
-----------------------------------------------------------------------------
End of 36 Months Journeyman rate Journeyman rate Journeyman rate
=============================================================================
Effective May 1, 1996, all Apprentices hired after this date will be paid at
the above Merit Progression Rates, subject to across the board increases
occurring after May 1, 1996. Existing Apprentices will be "Grandfathered"
under the old progression rates per a separate list. These grandfathered
rates will not be reflected on the contract.
EXHIBIT C-5
PUMPER ▇▇▇▇▇▇ APPRENTICE
MERIT PROGRESSION RATE
=============================================================================
MERIT EFFECTIVE 2.5% 3.0% 294
PROGRESSION 5-1-96 5-1-97 5-1-98
=============================================================================
Start $ 16.50 $ 16.91 $ 17.42
-----------------------------------------------------------------------------
End of 6 Months 17.21 17.64 18.17
-----------------------------------------------------------------------------
End of 12 Months 17.96 18.41 18.96
-----------------------------------------------------------------------------
End of 18 Months 18.73 19.20 19.78
-----------------------------------------------------------------------------
End of 24 Months 19.54 20.03 20.63
-----------------------------------------------------------------------------
End of 30 Months 20.39 20.90 21.53
-----------------------------------------------------------------------------
End of 36 Months Journeyman rate Journeyman rate Journeyman rate
=============================================================================
Effective May 1, 1996, all Apprentices hired after this date will be paid at
the above Merit Progression Rates, subject to across the board increases
occurring after May 1, 1996. Existing Apprentices will be "Grandfathered"
under the old progression rates per a separate list. These grandfathered
rates will not be reflected on the contract.
60
ARTICLES OF AGREEMENT
INDEX
SUBJECT PAGE PAR. NO.
Abrogation of Contract Articles........ 38 247
Afternoon Court Appearances............ 27 172 thru 174
Bank Days.............................. 11 62
Bargaining Unit Defined................ 2 3
Basic Principles....................... 1 2
Bid Procedure.......................... 16 90 thru 104
Bulletin Boards........................ 33 217
Call-in Guarantee...................... 9 49
Clothing Replacement................... 28 177 thru 180
Company Rules.......................... 33 218
Continuous Service..................... 29 185
Contract Period........................ 42 275, 276
Contract Work.......................... 24 147 thru 151
Court Duty............................. 26 167 thru 175
Coveralls.............................. 28 178
Damage -- Clothing..................... 28 179
Death in Family........................ 33 219 thru 222
Discharge.............................. 37 239 thru 241
Discipline............................. 23 146
Dues Check-Off......................... 2 6
Dues Check-Off, Cancellation........... 3 11
Duration of Contract................... 42 275, 276
Election Day........................... 27 176
Emergency Work......................... 9 49
Expiration of Contract................. 42 275
Eyeglasses............................. 32 211 thru 214
Funeral Leave.......................... 33 219 thru 222
Grievance -- Discharge................. 37 239 thru 241
Grievance Procedure.................... 35 228 thru 242
Grievance -- Sick Pay.................. 36 235
Grievance -- Timeliness................ 36 237
Holiday Pay, Eligibility............... 6 34 thru 37
Holidays............................... 6 34
Hours of Work.......................... 3 13 thru 16
i
INDEX
SUBJECT PAGE PAR. NO.
Invalidation of Contract............... 38 247
Jurisdiction........................... 22 133 thru 136
Jurisdiction Disputes.................. 26 163 thru 166
Jury Service........................... 26 167 thru 175
Labor Dispute -- Layoff................ 28 183
Layoff................................. 28 181 thru 199
Layoff Compensation.................... 29 184 thru 199
Layoff Notice.......................... 28 181 thru 183
Layoff, Rehiring....................... 19 116 thru 118
Leadmen................................ 23 137 thru 142
Leave of Absence....................... 30 200 thru 204
Leave of Absence --Duration............ 30 200 thru 202
Leave of Absence -- Maternity.......... 31 203
Leave of Absence -- Union Conventions.. 30 201
Leave of Absence -- Union Employment... 30 202
Lockouts............................... 34 224
Maternity Leave........................ 31 203
Military Leave of Absence.............. 12, 15 67, 81
Morning Court Appearance............... 26 168 thru 171
Overtime Distribution.................. 8 40
Overtime Meals......................... 8 41 thru 45
Overtime Premiums...................... 5 27 thru 33
Pay Day................................ 24 152, 153
Pay Rate............................... 55 thru 60 289 thru 294
Physical, Medical...................... 25 155 thru 157
Plant Rules............................ 33 218
Plant/Union -- Management Committee.... 36 234
Postings............................... 33 217
Pregnancy Leave........................ 31 203
Probation Period....................... 14 76
Progressions (Pay)..................... 57 thru 60 290 thru 294
Proof of Court Appearance.............. 27 175
Recognition of Union................... 2 3
Running Repairs........................ 22 133
Safety Glasses......................... 32 211 thru 214
Safety Inspections..................... 32 209
Safety Meetings........................ 32 208
ii
INDEX
SUBJECT PAGE ▇▇▇.▇▇.
Safety Shoes........................... 32 215
Sanitation............................. 31 205, 206
Schedule-In............................ 9 49
Seniority.............................. 13 73 thru 89
Seniority -- Commences................. 14 76
Seniority -- Group, Craft, Department.. 13 74 thru 75
Seniority Lists........................ 14 77
Separation Allowance................... 29 185, 186
Eligibility........................... 30 190 thru 199
Limitations of Applicability.......... 28 181 thru 189
Method of Payment..................... 29 186 thru 189
Shift Differential..................... 9 46 thru 48
Shift Schedules........................ 3, 4, 45 thru 54 13 thru 16
277 thru 287
Sick Pay............................... 39 248 thru 274
Amount................................ 40 259
Duration of Benefits.................. 39 254
Eligibility and Proof................. ▇▇ ▇▇▇-▇▇▇
False Claim........................... 42 274
Non-Occupational...................... 39 248
Plant Service Credit.................. 39 248, 249
Waiting Period........................ 40 257
Signatory Unions....................... 1 1
Staffing New Units..................... 22 132
Stewards............................... 23 143 thru 146
Strikes................................ 34 223 thru 227
Supervisors Working.................... 21 123 thru 128
Surplus Employees...................... 18 105 thru 109
Transfers.............................. 13, 18 72, 105-111
Transfers, Temporary................... 18 106
Transportation, Overtime............... 10 50
Union Activities....................... 25 158 ,162
Union Committee........................ 36 238
Upgrading, Benefits.................... 20 122
Upgrading, Temporary................... 20 120 thru 122
Vacation............................... 10 52 thru 72
Vacation Splits........................ 12 63
Visits by Union Representatives........ 25 162
Wage Rates............................. 55 thru 60 289 thru 294
Work Schedules......................... 3, 45 thru 54 13 thru 16,
277 thru 288
iii
LETTERS OF AGREEMENT
BETWEEN
STERLING CHEMICALS, INC.
ITS SUCCESSORS AND ASSIGNS
AND
THE TEXAS CITY, TEXAS METAL TRADES COUNCIL
AFL-CIO OF TEXAS CITY, TEXAS
LETTERS OF AGREEMENT
TABLE OF CONTENTS
GENERAL SECTION PAGE
I. Shift Preference......................... 1
II. Transportation........................... 1
III. Arbitration.............................. 1
IV. Premium, Pay Related Practices........... 1
V. Jury Pay................................. 4
VI. Pay Day.................................. 4
VII. Non-Occupational Sick Pay................ 4
VIII. Worker's Compensation.................... 5
IX. Physicals................................ 5
X. Vacation................................. 6
XI. Seniority................................ 7
XII. Jury Duty................................ 7
XIII. Elections................................ 7
XIV. Coveralls................................ 7
XV. Prescription Safety Glasses.............. 8
XVI. Funeral Leave............................ 9
XVII. Inspections.............................. 9
XVIII. Scheduling............................... 9
XIX. Bid Procedure............................ 9
XX. Food Service............................. 10
XXI. Work Gloves.............................. 10
XXII. Clip-on Glasses.......................... 11
XXIII. Pension and Insurance ▇▇▇▇▇▇▇............ 11
XXIV. Productivity Statement................... 11
MAINTENANCE SECTION
I. Work Assignment.......................... 12
II. Shift Assignment......................... 17
III. Upgrade, Laborers........................ 18
IV. Leadman.................................. 19
V. Safety Glasses........................... 19
VI. Premium Pay.............................. 19
VII. Special Qualifications................... 19
VIII. Work Clothes............................. 20
IX. Layoff................................... 20
X. License Reimbursement.................... 20
XI. Training................................. 21
XII. Work Instructions........................ 21
XIII. Stores................................... 21
XIV. Instrument & Electrical Work Jurisdiction 22
XV. I&E Upgrades............................. 24
i
MATERIALS HANDLING SECTION
I. Work Assignments......................... 24
II. Work Clothes............................. 25
LABORATORY SECTION
I. Training................................. 25
II. Work Assignment.......................... 25
OPERATIONS SECTION
I. Shift Assignments........................ 25
II. Manufacturing Twelve Hour Shifts......... 26
III. Work Assignments......................... 26
IV. Lunch Delivery........................... 26
ii
LETTERS OF AGREEMENT
BETWEEN
STERLING CHEMICALS, INC.
ITS SUCCESSORS AND ASSIGNS
AND
THE TEXAS CITY, TEXAS METAL TRADES COUNCIL,
AFL-CIO OF TEXAS CITY, TEXAS
GENERAL SECTION
I. SHIFT PREFERENCE
1 Straight-day employment shall be determined on the basis of
seniority. New employees will be required to go on shift within not
more than ninety (90) days after employment.
II. TRANSPORTATION
2 The COMPANY will provide rides home for employees who are without
transportation and are held over on overtime past their regular
scheduled shift.
III. ARBITRATION
3 The COMPANY will not, for the purposes of arbitration, use the
"basic principle" clause in a jurisdictional dispute arbitration.
4 IV. PREMIUM PAY RELATED PRACTICES
A. MAINTENANCE DEPARTMENT
1. 0700-1530 hours, Monday-Friday Normal Work Week
5 (a) After each craftsmen has had an opportunity to work
overtime for the 3:00 p.m.-11:00 p.m. and/or graveyard
shifts, the COMPANY may contract its overtime needs for
that shift.
6 (b) For all overtime jobs that are turned in by 1430 hours
but not filled by 1500 hours, the COMPANY may contract
its overtime needs for that shift. Jobs that are
turned in after 1430 hours will be filled by continuing
to run the overtime list until the list has been run
one complete time. After the list has been run one
complete time, the COMPANY may contract its overtime
needs for that shift.
1
7 (c) All overtime worked or refused will be
charged by actual payroll hours. The Union and the
Company agree that there has been some abuse of the
overtime systems in the past; therefore, the Union and
the Company agree to work together to identify,
discuss, and correct any problems of abuse that may
occur in the overtime system.
8 (d) On off hours, holidays, and weekends, employees will be
allowed to change their overtime preference on the
overtime list (okay to work or not work) only once per
shift.
9 2. 1530-0659 hours, Monday-Friday Normal Work Week; Weekends
and Holidays 0700-0659 hours.
10 (a) After each craftsman has had two (2) opportunities to
work overtime on a shift, the COMPANY may contract its
overtime needs for that shift. However, on a given job
after each craftsman has had an opportunity to work
that job the COMPANY may contract that job.
11 B. All straight-day employees scheduled to work the day shift
Saturday or Sunday will be allowed to eat their meal on COMPANY
paid time.
12 C. If, because of a shift change, an employee works seven (7)
consecutive days within a work week without any scheduled days of
rest, the sixth and seventh days shall be considered, for pay
purposes, to be the first and second days of rest, respectively.
13 D. When an employee clocks out in accordance with normal procedure
and is contacted for holdover overtime before exiting plant
gate(s), the time worked will be paid at the applicable overtime
rate and not treated as a call-in.
14 E. The COMPANY agrees that in scheduling overtime, no employee shall
be bypassed in the assignment of overtime work solely to avoid
payment of double time.
15 F. The COMPANY agrees that Article 3, Section 8, will be interpreted
so as to include in the computation of the sixteen continuous
hours, the thirty-minute unpaid lunch break during the day shift.
16 G. The COMPANY agrees that when an employee is held over for
purposes of job continuity and completes the scheduled job they
were held for, they will be allowed to go home, assuming no other
emergency work arises that
2
would require a call-out. (Emergency as outlined in "Call-out"
article and as clarified in subcommittee meeting.)
17 H. If an employee's shift change is canceled prior to working the
first shift on a new schedule, no notice is required. Once the
employee has worked on the new schedule, forty-eight (48) hours
notice is required to change the schedule.
18 I. When the low person is not afforded overtime, in accordance with
the overtime agreements, and the parties agree that there has
been an error:
1. The employee will be allowed to make up the hours lost by
working comparable hours.
2. The make-up time will be worked, within thirty (30) days of
the decision that an error has been made, at a mutually
agreeable time. Should the COMPANY and employee not be able
to mutually agree, the employee shall make the time up on a
shift which is the same as that on which the overtime would
have been worked had there been no error.
3. Such employees working make-up time will not be assigned to
work which would eliminate overtime for someone else; i.e.,
work that would be worked on an overtime basis if the
employee working make-up time was not available.
19 In the administration of this procedure, errors created by the
following will not be remedied by the above:
1. Any deliberate act by an employee with intent to cause an
error in the administration of overtime distribution; or
2. Mechanical, electrical or system problems creating errors on
down-time in the basic overtime recording data by computer.
20 J. Any employee who is forced out on overtime and worked up to or
into their regular shift shall be excused from work on their
regular shift without pay once the employee has performed work
for a duration of eight (8) continuous hours if the employee so
requests.
21 Should an employee be forced on overtime and said overtime lasts
for three (3) or more hours and terminates six (6) or less hours
prior to the start of their next regular shift, said employee
shall be excused from working the next regular shift without pay
if the employee so requests.
3
22 It is understood that an employee to be excused, as provided
above, who works a job typically requiring continuous coverage
must be relieved by some other employee prior to being released.
V. JURY PAY
23 An employee who is to report for court duty in the afternoon shall be
given a reasonable period of time to go home, change clothes, etc.,
eat and then drive to the courthouse for duty; or that an employee
released from court duty before 10:00 a.m. shall be given reasonable
time to go home, change clothes, eat and drive to the plant.
VI. PAY DAY
24 Employees who are scheduled to begin working third shift on a Thursday
will be extended the same pay check privileges as accorded an employee
on off days with the understanding that should it create a problem
with a normal payroll operation at any future date, we would change
back to the present procedure.
VII. NON-OCCUPATIONAL SICK PAY
25 A. Employees who experience an illness or injury which results in
absence from work for a continuous period in excess of thirty
(30) days will be furnished, upon request of the employee, a
statement reflecting the period of the absence and the amount of
sick pay received for the absence in excess of the thirty (30)
day period.
26 B. Employees off sick and receiving sick benefits under Article 33,
"Non-Occupational Accident and Sickness Plan" of the present
contract at the time a work stoppage occurs will continue to be
covered under Article 33 until certified able to return to work.
Employees whose illness or injury occurs after a work stoppage
begins will not receive benefits, as set forth in Article 33,
until the settlement of the work stoppage.
27 C. The COMPANY agrees under Article 33, "Non-Occupational Accident
and Sickness Plan" to waive the waiting period, as defined in
Article 33, Section 4, when an employee is hospitalized and
undergoes surgery or other medical treatment, for which
hospitalization is a generally accepted requirement. The waiting
period waiver will also apply when an employee receives surgery
or medical treatment on an out-patient basis for a condition that
has historically called for hospital confinement.
Hospitalization for surgery or other medical treatment where the
generally accepted practice in the area is out-patient care, does
not qualify for a waiver of the waiting period under this
paragraph.
4
28 D. An employee who has completed the probationary period but has
less that six (6) month's service and otherwise qualified for
non-occupational illness benefits on a holiday will be guaranteed
up to eight (8) hours' pay.
29 E. The COMPANY agrees that when an employee becomes ill or is
injured while on vacation and is certified as disabled by a
licensed physician, they will be able to cancel subsequent full
weeks of vacation beyond the week in which they become certified
as disabled upon proper notification to the COMPANY.
30 F. The COMPANY agrees that if an employee is hospitalized while on
vacation, the employees' vacation may be canceled and the
employee placed on sick leave on the day of hospitalization. For
purposes of this paragraph, the day is defined as the payroll day
appropriate to the employees' regular work schedule.
31 G. The COMPANY agrees to make available a reasonable number of
Physician's Certification (pink) forms upon request.
VIII. WORKER'S COMPENSATION
32 The COMPANY will supplement weekly ▇▇▇▇▇▇▇'▇ Compensation benefits up
to 100% of base pay with no waiting period at time of incident or
first illness for the employee's first year of disability but not
after Workmen's Compensation payments to the employee have been
ceased. Supplementary payments for all subsequent absences related to
the specific industrial injury or illness will start after a one-day
waiting period. The COMPANY agrees to guarantee that no lesser
benefits will be instituted during the term of the contract.
IX. PHYSICALS
33 The COMPANY agrees to continue notification and to send a copy of such
individual test results to employees who fall outside the normal
medical limits and to provide a copy to an employee who comes to First
Aid and requests such information.
34 The COMPANY will provide assistance in scheduling appointments for
those employees who request same to obtain non-mandatory x-rays as
part of their periodic physical examinations.
5
35 When an employee is scheduled for a chest x-ray as part of their
physical, the Company will provide for the x-ray to be read by a "B-
Reader". For employees in the Insulator Craft, a second x-ray, read
by a "B-Reader", will be provided at six (6) month intervals at the
request of an insulator.
X. VACATION
36 A. Whenever a summer hire is used, such summer hire shall work in a
manner similar to any new hire. When possible, an additional
employee shall be allowed off on vacation during the period the
summer hire is used, after training, provided, in the opinion of
the COMPANY, ample coverage by overtime is available.
37 B. Employees, operation or maintenance, in any new department facing
start-up, shall be allowed to take vacation irrespective of
previous plans or instructions so long as the vacations do not
conflict with or impair plant start-up.
38 C. Back-to-back vacations from one vacation year to the next will be
allowed under the following conditions:
1. The period of vacation must be for six or more weeks.
2. The employees who desire to schedule vacation in a
continuous period beginning in one vacation year and ending
in another vacation year must schedule such vacation prior
to April 1 of the first vacation year.
3. If, on the basis of seniority, they will be allowed to
schedule their vacation immediately prior to the end of the
vacation year, then they shall be granted vacation
preference for the continuous portion of the vacation which
ends the next vacation year.
39 D. When a day of vacation falls on a holiday and the employee elects
to take an extra day of vacation, they may elect to take it the
last working day immediately prior to their scheduled vacation.
40 E. The COMPANY agrees that when an employee becomes ill or is
injured while on vacation and is certified as disabled by a
licensed physician, they will be able to cancel subsequent full
weeks of vacation beyond the week in which they become certified
as disabled upon proper notification to the COMPANY.
6
41 F. The COMPANY agrees that if an employee is hospitalized while on
vacation, the employees' vacation may be canceled and the
employee placed on sick leave on the day of hospitalization. For
purposes of this paragraph, the day is defined as the payroll day
appropriate to the employees' regular work schedule.
XI. SENIORITY
42 A. When employees are hired into a group or craft on the same date,
their order on the seniority lists shall be determined by "lot".
43 B. In a situation where departmental seniority is equal, the group
seniority shall govern, and when group or craft seniority are
equal, seniority on the first day worked in the bargaining unit
shall govern.
XII. JURY DUTY
44 A. In the event an employee is required to appear for jury duty on a
scheduled day of work which is a holiday as set forth in Section
2 of Article 3, the employee will be paid unworked holiday and
jury service pay if the employee meets the requirements for jury
service pay as set forth in Article 20.
45 B. With regard to jury service, the COMPANY agrees to treat the
documental release time the same for standby as for court
appearances.
XIII. ELECTIONS
46 An employee appointed as an election judge or observer or those
elected as delegates to political conventions shall be granted: (a)
vacation bank days if eligible; or (b) an excused absence. The
request must be made in advance and must not conflict with or impair
plant operation.
XIV. COVERALLS
47 A. The COMPANY agrees to provide coveralls upon request when, in the
judgment of the immediate supervisor, the job to be performed
meets either of the following tests:
1. The work will result in irreparable damage to clothing.
2. The work will subject an employee's clothing to abnormal
stains, soot, chemical contamination or irritants.
7
48 B. The COMPANY reserves the right to make coveralls mandatory on
certain jobs. Should the supervisor and employee disagree on the
need for coveralls in a certain job, the dispute will be resolved
as defined in paragraph C. Any further disputes may be resolved
by the grievance procedure.
49 C. The above agreement on coveralls issue is made with the
understanding that if conditions change or improvements are made
that alter the need or justification for coveralls, the COMPANY
would no longer provide coveralls on that job. It is also
understood that if a special need arises in which the craft feels
coveralls should be provided, the COMPANY will review the job
need to determine the merit of the request and issue coveralls if
agreed. The Maintenance Supervisor, Shops/Crafts, will review
with the craft ▇▇▇▇▇▇▇. If not satisfied with the decision, it
can be reviewed by ▇▇▇▇▇▇▇, Maintenance Supervisor, Shops/Crafts,
and the Maintenance Supervisor, Support, or designees. If not
satisfactory, the job will proceed immediately and be carried to
arbitration at a later date.
XV. PRESCRIPTION SAFETY GLASSES
50 A. In cases where the employee needs prescription glasses and the
COMPANY requires eye protection, the COMPANY will provide for the
initial eye exam as deemed necessary by the Medical Department.
The Company will pay 75% for subsequent eye exams in two (2) year
intervals from an approved provider. The COMPANY will pay the
cost of required glasses as currently administered. It is the
intent that the initial eye examination, as well as subsequent
examinations necessary to ensure proper visual acuity, be covered
by this policy.
51 Employees who are not on COMPANY time may go to Personnel
Benefits Section and pick up purchase orders for prescription
safety glasses during the hours that Personnel Benefits is
normally open.
52 B. Shaded safety glasses are to be issued where a licensed
physician, usually defined as an ophthalmologist, specifies that
an employee's eye condition requires shaded glass during daylight
hours. Recommendations by opticians or optometrists are not to
be treated as meeting the requirements of Article 25, Section 6
with regard to "licensed physician".
53 C. The COMPANY agrees to provide two (2) pair of prescription
glasses for welders. At the time of ordering, two pair will be
ordered. One pair will be provided the welder and the second
pair will be kept in the Safety Department for issue to the
welder when needed. At the time the first pair
8
is turned in and the second pair issued, a new pair will be
ordered unless it is time for the employee's eyes to be checked.
XVI. FUNERAL LEAVE
54 A. The COMPANY agrees that when a death in an employee's immediate
family (as interpreted in Article 28) occurs while the employee
is on vacation, the employee, with sufficient notice to the
COMPANY and in accordance with Article 28, may stop their
vacation and start their funeral leave.
55 B. An employee absent from their regular work schedule due to the
imminent death of a relative (as defined under Article 28) may
receive funeral leave provided such lost time occurs within the
three-day period selected by the employee as funeral leave under
the provisions of Article 28.
56 C. The COMPANY agrees to apply Article 28 to a second listed
relative.
XVII. INSPECTIONS
57 The COMPANY agreed to state that it has always been its intent to
report the results of a safety inspection to the complaining employee
and the COMPANY agrees to continue this practice.
XVIII. SCHEDULING
58 In the event an employee is inadvertently scheduled for less than the
normal work week, the employee will be allowed to make up the
difference after reporting the discrepancy to supervision. The
employee will be allowed to make up such difference only to the point
where their earnings equal the straight time earnings for a normal
work week.
XIX. BID PROCEDURE
59 In the case of multiple job posting, those individuals wishing to bid
will be given the opportunity to express the rank order of their
preferences. A copy of this preference will be given to each multiple
bidder. Once recorded, this preference ranking cannot be changed. In
awarding jobs, the senior qualified bidder's preference will govern
the selection process.
The following criterion will be applied in selecting qualified
candidates for Sterling Chemicals Apprenticeship programs.
60 A. Operator Apprentice requirements will include that all candidates
hired on or after May 1, 1993, must have completed three (3)
hours of college level
9
math and six (6) hours of college level science with a GPA of 2.5
or better (A = 4.0) prior to being considered. In addition to the
above listed requirements, Operator Apprentice candidates must
have completed a Junior College Basic Petrochemical Operators
course prior to being considered.
61 B. Instrument/Electrical (combined) and Machinists Apprentice
requirements will include that all candidates hired on or after
May 1, 1993, must have completed six (6) hours of college level
math and six (6) hours of college level science with a GPA of 2.5
or better (A = 4.0) prior to being considered.
62 C. The following criteria will be applied in selecting qualified
candidates for Sterling Chemicals "Associate Operator"
classification:
The Associate Operator requirements will include that all
Associate Operators hired on or after May 1, 1996, must have
completed a State Educational Board Certified Associate Degree of
Process Technology prior to being considered and the statistical
requirements in Paragraph A. Their entry pay level will be at
the end of eighteen (18) months Merit Pay Progression Schedule
for Chemical Operator Apprentices.
XX. FOOD SERVICE
63 A. Menu selections will be made by the COMPANY after consultation
with the UNION. It is the COMPANY's intent to provide wholesome
and nutritionally balanced meals.
64 B. The COMPANY agrees that an employee who is called to work the day
shift with less than eight (8) hours' notice will be furnished a
meal or meal ticket if the employee reports at the beginning of
the day shift and an additional meal or meal ticket if they work
up to 11:00 a.m.. The parties recognize that this does not apply
to employees held over into the day shift.
XXI. WORK GLOVES
65 The COMPANY will continue its present policy and practice of
furnishing work gloves at COMPANY expense and expand it to include
White Mule leather gloves or its equal for carpenters and the Truck
Department.
10
XXII. CLIP ON GLASSES
66 Up to two pairs of clip-on glasses per year shall be furnished by the
COMPANY to the Operating Engineers, Local 450 members only. Clip-on
glasses may be purchased at cost by other employees at the Safety
Supply section.
XXIII. PENSION AND INSURANCE ▇▇▇▇▇▇▇
67 One person within the bargaining unit designated by the Business
Manager of the UNION may be named to act in the capacity as the
Council's Pension and Insurance ▇▇▇▇▇▇▇ for hourly employees
represented by the Texas City, Texas Metal Trades Council or retirees.
Said designee shall be provided with a locked file cabinet in a
suitable location within the plant in which to file records and
information. All medical, SIP, DAP, pension and other benefit forms
and associated correspondence presented or received by the COMPANY are
confidential and private information and the COMPANY is required to
treat it as such. Any confidential records and information sought by
the UNION shall be obtained directly from the concerned employee or,
with written permission by the employee, from the COMPANY'S benefit
office.
68 The Pension and Insurance ▇▇▇▇▇▇▇ shall be afforded reasonable use of
the COMPANY'S telephone for transacting business as regards pension
and insurance. The COMPANY and UNION agree that said designee shall,
with ten (10) days' advance notice, be allowed leaves of absence
necessary for attending national negotiations and/or meetings
regarding pension and insurance, but said leaves shall be without pay.
Said ▇▇▇▇▇▇▇ shall be allowed, during their regular working hours, to
consult with employees and/or COMPANY representatives and shall
perform work of the job classification when not otherwise occupied.
69 Nothing in this agreement shall be construed as preventing any
employee so represented from dealing directly with the COMPANY'S
benefit personnel.
XXIV. LETTER OF UNDERSTANDING - PRODUCTIVITY STATEMENT
70 The COMPANY and the Texas City Metal Trades Council agree that a
profitable and highly competitive Texas City plant enhances the job
security of all plant employees. Both parties recognize the necessity
of making productivity improvements to ensure the future profitability
and competitiveness of the plant.
71 While acknowledging their respective rights and obligations, the
COMPANY and the Texas City Metal Trades Council further recognize that
in today's rapidly changing business environment a cooperative versus
a confrontational approach to labor relations matters is vital to the
plant's success. Specifically, the parties have
11
endorsed the following principles to reinforce their emphasis on this
productive collaboration.
72 A. A working environment that fosters increased effectiveness,
efficiency and productivity of plant operations is a highly
desirable goal all employees should contribute to achieving.
73 B. Timely, effective two-way communications are basic to productive
plant operations.
74 C. As appropriate, problem solving groups, as well as participative
concepts such as quality circles, may be facilitated.
Productivity improvement plans, programs and results will be
periodically reviewed with the Plant Union Committee.
75 The COMPANY and the UNION recognize that it is desirable and mutually
beneficial to set up an annual meeting to review Work Practices vs.
Best of Class in Industry. The purpose of these meetings would be to
identify possible areas of improvement which could enhance the
Company's competitiveness within the industry.
76 During such meetings, possible areas of improvement identified which
would require modifying, amending, or waiving any of the provisions of
this Labor Agreement shall be implemented only by mutual consent of
both the COMPANY and the UNION.
MAINTENANCE SECTION
I. WORK ASSIGNMENT
77 A. One truck helper will be assigned to each stores route truck.
78 B. The COMPANY will use the truck dispatcher on overtime as a truck
driver in order to equalize overtime in this group.
79 C. When spray or sandblasting machines are being used in the field,
two painters will be used on the job.
80 D. Maintenance Planning tries to plan and schedule all maintenance
work including overtime for Sterling employees. Occasionally, due
to change in scope of work, demands from the production
departments and shutdowns, it is necessary that overtime be worked
on jobs which have previously been assigned to contract personnel.
Within these limits, every effort is made to assign Sterling
personnel on jobs requiring overtime.
12
81 E. Overtime maintenance work in the plant will normally be assigned
to Sterling personnel with the following exceptions:
1. Where special skills, knowledge, tools and equipment or
services are required.
2. When Sterling personnel are not available for all shifts on
which the work must proceed.
3. Shutdown scheduling when advance planning requires
assumptions on personnel availability.
4. When a job has been started by contractor personnel and a
short time (4 hours or less) is required to completion.
82 F. Employees covered by this agreement will normally make all tie-
ins between new project and existing equipment and may engage in
any and all work involving maintenance, repair or replacement of
equipment and may engage in any and all work involving
maintenance, repair or replacement of equipment, alterations to
improve the efficiency and capacity of equipment and rearrange or
make additions to all existing COMPANY property within the
capacity of the equipment and personnel available.
83 All blinding and preparations of a unit for maintenance, repair,
or renovation work will normally be done by employees covered by
this agreement.
84 The "rain-out" clause in the contractor's contract or straight
time work on Saturday, Sunday, or holidays as may be provided
under the contractor's contract, will not be used to avoid
Sterling employee's overtime.
85 G. The following shift schedules are available in the Maintenance
Department for staffing shutdown work, equipment repairs
requiring continuous staffing, and unit start-ups lasting three
days or more in duration:
(a) Two (2) shifts of eight (8) hours each.
(b) Two (2) shifts of ten (10) hours each.
(c) Two (2) shifts of twelve (12) hours each.
(d) Two (2) shifts of thirteen (13) hours each.
86 The shift will be continuous and start between 5:00 a.m. and 7:00
a.m. The twelve hour shift schedule will be worked as follows:
1. Work will be continued through the normal ten hour meal
period.
13
2. Work will stop thirty minutes prior to the end of the twelve
hour shift, and employees may clock out at that time.
3. Pay for the twelve hour shift will be on the basis of twelve
hours worked.
4. The regular ten hour meal allowance will be paid.
87 H. If the shifts cannot be covered by volunteers which includes
canvassing by the appropriate craft stewards, the vacancies will
be filled by conscripting from the craft in inverse order of
seniority. The COMPANY will be sympathetic to exempting
conscripts who have health or significant personal problems as
long as the UNION does not grieve the effect of these exemptions
and efficient and effective operations can be maintained. If the
conscripts can get volunteers to replace themselves after the
shutdown staffing list is completed, they will be released.
Otherwise, they will work for the duration of the shutdown. If
the shutdown is scheduled to last longer than twenty-one (21)
calendar days, the COMPANY will only take volunteers or
conscripts up to 80% of the craft. The remaining 20% may be used
to relieve those individuals after 21 calendar days who request
relief. Relief requests will be honored on a seniority basis.
The UNION understands that if the above is not practical then the
COMPANY must utilize other staffing arrangements in order to have
the work performed.
88 I. The COMPANY agrees that Sterling employees covered by this
agreement, will not be expected to take instructions from a non-
Sterling supervisor or ▇▇▇▇▇▇▇.
89 The COMPANY and the UNION agree that Sterling personnel and
contractor personnel shall not be used in a composite manner
without approval of the ▇▇▇▇▇▇▇ of the craft or group involved;
it being understood, however, that practices as existed in the
prior agreement may continue.
90 Additionally, the UNION and the COMPANY agree that unusual
situations may occur that fall outside the scope of this
procedure, and in these instances, these variances will be
discussed and agreed to by the COMPANY and the stewards of the
craft or crafts involved.
91 J. Anytime three or more trucks are being used, a dispatcher will be
used. The dispatcher may or may not act as a truck driver at the
discretion of the COMPANY, but on the day shift Monday through
Friday (exclusive of holidays), a dispatcher shall not be
required to drive a truck. When upgrading a truck driver to
dispatcher, if skill and ability are approximately equal, the
senior qualified truck driver shall be used.
14
92 K. A six-month rotation plan will be set up within the Boilermaker,
Laborer, Ironworker and Insulator crafts. These craftsmen shall
be rotated at six-month intervals between department and areas of
the plant.
93 L. The following was agreed to in regard to the Truck Department:
1. A helper will be provided to work with the truck drivers on
the ▇▇▇▇▇▇▇▇-Dumpsters, one on each dumpster if both trucks
are running.
2. Stores supervision will be instructed to use hotshot
delivery trucks in a manner not to carry materials heavier
than one person can reasonably handle.
94 M. The following assignments were reached in regard to ▇▇▇▇▇▇
assignments, labor leadman and labor upgrade:
1. The COMPANY agrees to eliminate ▇▇▇▇▇▇ assignments as
preferred work.
2. Laborer assignments by the COMPANY will be made to allow
opportunity for training and upgrading of the senior
laborers. The above to be done in accordance with the
provisions of Article 5, Section 8, Promotions.
95 N. Apprentices shall work under the direction of a leadman or
journeyman and shall not be assigned an operating unit or area to
work individually except during the last six months of the
apprenticeship program unless by mutual agreement of the COMPANY
and the UNION.
O. Incidental/Common Work Skill
96 In order to expedite the job in an efficient manner the COMPANY
and UNION agree that employees in a Maintenance Craft or Group 3
may be required to perform minor and/or incidental work, as
specified below, while in the performance of the employee's
primary job assignment.
1. Haul tools, equipment, materials and manpower needed to do
the job in pickups, vans or similar sized vehicles.
2. Erect, adjust and/or dismantle one section of scaffolding.
15
3. Strip reusable and non-reusable non-asbestos insulation
necessary to break flanges and/or junctions or to gain
access to areas needed to execute primary tasks.
4. Pull back tracing to gain access to their primary task.
5. First flange, first union, first connection may be assigned
to craft with primary task. Second flange, second union,
second connection may be assigned if necessary to perform
primary task. Obstructions of a minor nature may be removed
and reinstalled by the craft with the primary task.
6. Utilize plug-in electrical, utility, process and/or product
connections.
7. When testing is necessary, each craft may blind and tie on
to the equipment being tested as long as the total
connection is not rigid pipe.
8. Any employee may remove and reinstall obstructions that
prevent them from executing their primary task such as
guards, grating, floor plate and handrails.
9. Signs to define content and direction (water, steam,
product, etc.) can be done by the employee involved.
10. Specialty vendors, and employees may connect or disconnect
their equipment if hook-ups are available (chemical
cleaning, cleaning, vacuum, etc.).
11. Operating engineers may do minor repairs, adjustments and
lubrication to their rigs.
12. Painters may replace hoses and make minor repairs to their
equipment, using normal hand tools.
13. Insulators may mix all materials they use.
14. All crafts may install clips and/or brackets on racks and/or
vessels needed to support the equipment they install.
15. I&E craft may decouple, couple and set motors that do not
require indicator alignment.
16
16. I&E craft may pull and repair solenoid valves, pressure,
temperature, flow and limit switches or DCA if initially
troubleshooting the system.
17. I&E craft may pull and install control valves, transmitters,
analyzers and controllers (pneumatic and electronic. This
includes disconnections and connecting hard wired
terminations).
18. Stores clerks may deliver materials from stores to the field
and may finish crating materials.
19. Stores clerks may operate forklift trucks after proper
training has taken place.
20. I&E craft may replace, repair, and/or modify tubing of a
minor nature damaged or discovered while performing the
primary task.
97 P. Merge Labor "A" and Labor "B" classifications and delete all
reference to separate classifications or subgroups in the labor
agreement. The seniority and vacation list of Labor "A" and
Labor "B" will be merged.
A. Employees currently in "Labor Special" jobs would be
grandfathered in their current assignment.
B. The current Labor "B" employees working "nights" would be
transferred to the "day" shift.
C. All current Labor "B" employees (not "Labor Special") will
be grandfathered in "▇▇▇▇▇▇" jobs on days. If they
volunteer to the other duties of the Labor Group they will
forfeit their grandfather rights.
II. SHIFT ASSIGNMENT
98 A. The volunteer shift assignment procedure for maintenance
employees will be revised to provide (a) an employee will
volunteer for a shift, by seniority, each four months; (b) if a
shift is discontinued the employee who had volunteered for that
shift may elect to either go to another shift or to come off
shift; and (c) if a person whose shift is discontinued elects to
come off shift the COMPANY may fill the position with the next
senior person with a volunteer slip, or by conscript.
99 B. In the use of shifts for a specific craft in the Maintenance
Department, at least as many people will be scheduled on the day
shift as there are scheduled on the graveyard shift.
17
100 C. When a machinist is denied a preferred shift because their
ability to do machine tool work is questioned and the UNION has
reason to feel the employee has the necessary ability to perform
the job, the COMPANY will meet with the UNION and discuss the
employee's qualifications. If, after much discussion it is
determined that a trial period is merited, the employee will be
given a trial period not to exceed thirty (30) days to prove
their ability to perform the work.
101 D. The following agreement was reached regarding shift preference
within the maintenance crafts:
102 In those maintenance crafts having leadmen on shift work, the
leadman having the least continuous service as a leadman shall be
assigned the shift position or positions unless a more senior
person volunteers.
103 The above is subject to special training and development needs as
determined by the COMPANY.
104 E. The work load fluctuates for the maintenance shift personnel on
the second and third shifts due to operational conditions,
shipping schedules, weather conditions and other factors.
Regular assigned maintenance shift personnel will be replaced
when absent so long as the work load is expected to be of a
normal nature.
III. UPGRADE, LABORER
105 A. When a laborer is to be temporarily upgraded to truck helper,
truck driver or stores where skill and ability are approximately
equal, the senior qualified laborer, exclusive of laborers
regularly assigned to work as porters, will be upgraded.
106 A laborer will not be used for purposes of defeating overtime in
the truck or stores groups.
107 B. With regard to the laborers and truck driver crafts:
1. The COMPANY agrees to replace the regular labor leadman when
one is absent from work.
108 C. With regard to a proposal by the UNION prohibiting the temporary
transfer of laborers to the truck driver craft or the stores
group, the COMPANY agrees to abide by the decision of a majority
of the laborer craft.
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109 D. For the laborer classification only, Article 6, Paragraph 120
will be interpreted as follows: Consecutive upgrades will be
accumulated to count toward the 15-day period. When 15 days of
consecutive upgrading have occurred, benefits will be paid at the
rate of the job the laborer is holding at the time they qualify
for the benefit.
IV. LEADMAN
110 A. When the number of personnel regularly assigned to a shift
requires a leadman under the provisions of Article 11, a regular
leadman will be assigned to that shift.
111 B. The provisions of Article 11, Leadman Ratio, will apply to the
laborer craft. The provisions of Article 11 shall not apply to
the Stores and Truck Departments.
112 C. In the assignment of leadman to areas where the work is
predominantly "leading" and not working with the tools of the
craft, the Senior leadman with appropriate skill and ability will
be selected. This agreement in no way supersedes Article 11 of
the agreement or implies assignment to work areas by seniority.
V. SAFETY GLASSES
113 The COMPANY agrees to provide one pair of colored prescription safety
glasses for Operating Engineers required to operate hoisting
equipment. The parties recognize that this is a unique requirement
for that craft and that such provision is not intended to be the
beginning of a colored safety glass program for other groups.
VI. PREMIUM PAY
114 A. Separate overtime eligibility assignment lists will be maintained
in the Truck Department for the driver and helper
classifications.
115 B. Applying to all crafts, the COMPANY agrees that there shall be no
bypassing on overtime on the second day of rest because of an
upcoming regular schedule of work.
VII. SPECIAL QUALIFICATIONS
116 Training on specialized equipment (Balancing Machine) will be provided
to those in the Machinist craft.
19
VIII. WORK CLOTHES
117 A. The COMPANY and UNION agree to the following with regard to
coveralls and wash-up time:
1. The COMPANY agrees to furnish coveralls and allows bath time
to the insulators when removing and replacing glass wool
blankets on the outer skin of boilers and the removal and
replacing of glass wool blankets between the outer skin and
the inner wall in boilers located within the plant.
2. The COMPANY agrees to furnish coveralls (no bath time) to
all employees working on a unit which has had a fire of
considerable magnitude.
3. The COMPANY agrees to furnish coveralls (no bath time) to
the operating engineers when applying crater compound to the
turntable on heavy rigs.
118 B. When stripping asbestos or applying asbestos blankets, coveralls
will be furnished. Replacement of coveralls will be made as
required by insulator ▇▇▇▇▇▇▇.
119 C. The COMPANY reserves the right to make coveralls mandatory on
certain jobs. Should the supervisor and employee disagree on the
need for coveralls on a certain job, the dispute will be resolved
by the Maintenance Supervisor, Shops/Craft, and the Maintenance
Supervisor, Support. Any further disputes may be resolved by the
grievance procedure.
IX. LAYOFF
120 The COMPANY agrees that contract janitors will not be employed if
Sterling Laborers are on layoff or if such action will result in
Sterling Laborers being temporarily laid off.
X. LICENSE REIMBURSEMENT
121 Operating Engineers (Local 450), Truck Drivers and members of overhead
distribution crews who, in order to perform their normal duties, are
required by state law to possess either a commercial or chauffeur's
license shall be reimbursed the cost of these licenses.
20
XI. TRAINING
122 A. The COMPANY agrees to work with the craft ▇▇▇▇▇▇▇ in determining
special training needs for that craft.
123 B. In order to maintain a viable maintenance apprenticeship program,
the COMPANY and the UNION agree that when personnel are to be
added to a maintenance craft, the addition of apprentices shall
be favored provided the situation at the time permits.
XII. WORK INSTRUCTIONS
124 The COMPANY agrees that Sterling employees covered by this agreement
will not be expected to take instructions from a non-Sterling
supervisor or ▇▇▇▇▇▇▇.
XIII. STORES
125 A. Work Assignments
The COMPANY will rotate the stores clerks in the various work
assignments in the storeroom.
126 B. Shift Assignments
The four-month volunteer shift assignments will be applied in the
Stores Department. Employees in the Warehouseman classification
at the time the 1985 Agreement becomes effective, will not be
required to be a part of the regular Stores Department four-month
volunteer shift assignment program, as described above, in their
new position of Stores Clerk.
127 C. Call-outs
The call-out of stores clerks to dispense material from the
storeroom will continue as is being done under present practices.
128 D. Shift Rotation
The four-month voluntary shift rotation plan presently used in
the Maintenance crafts shall be applied to the Stores Department.
21
XIV. INSTRUMENT AND ELECTRICAL WORK JURISDICTION
129 A. Each craft keeps union jurisdiction.
130 B. Jurisdiction becomes common for all maintenance work between
Instrument and Electrical crafts.
1. A detailed training program would contain two sections.
Class A training would provide basic safety training. After
a craftsman completes Class A training, the individual would
be able to assist the other craft. Class B training would
begin after completion of Class A and would be designed to
achieve a working knowledge in the second craft and make the
individual an I&E qualified craftsman. After completion of
Class B training, each employee successfully qualifying as
an I&E craftsman would be awarded a suitable certificate
signed by the plant manager and the business representatives
of IBEW #527 and IAM Instrument Local #903.
2. Training would be conducted by an Electrician and an
Instrumentman that would be jointly selected by the COMPANY
and the UNION based on skill and ability. Instrumentmen
would train Electricians and Electricians would train
Instrumentmen.
131 C. 1. When analyzer overtime is needed the low man with analyzer
skills will be called out. If the man is unsuccessful in
making the repair and special skills are needed, the low man
with those skills will be called out to assist him.
2. When power distribution overtime is needed, the two low men
with power distribution skills will be called out. If
additional manpower is needed, they will be called out as
outlined in the I&E overtime procedure.
3. When conventional overtime is needed the low I&E craftsman
will be called out. If the low man is unsuccessful in
making the repair and special skills are needed, then the
low man with those skills will be called out to assist him.
132 D. All existing chiefs/leadmen will be grandfathered. Employees of
the analyzer, power distribution and I&E groups will work under
the direction of their respective leadmen. Should two or more
leadmen be working together in the same I&E conventional crew,
the one with the most craft seniority shall direct the work.
22
133 E. Both Electrical and Instrument groups will maintain separate
vacation lists and have approximately the same maximum ceiling
percentage.
134 F. Should a layoff be necessary involving either the Instrument or
Electrical craft, then the order of layoff shall be in reverse
order of craft seniority for the combined crafts. (The employee
of either craft having the least craft seniority shall be laid
off first, etc.).
135 G. The ratio of employees between the Instrument and Electrical
crafts will be maintained as it is on 5/1/85, for any new hires
or transfers of new employees into the two crafts. New hires
and/or transferees will have to agree to the I&E combination.
There will be no mandatory replacement of employees to meet craft
ratios if imbalance develops through attrition.
136 H. Maintenance overtime practices will apply to the combined group,
with the exception of the specific special overtime practices
listed in this Letter of Agreement.
137 I. When a vacancy occurs in the Analyzer or Power Distribution
Groups, the COMPANY and UNION will alternately select the I&E
craftsmen for either group to fill the vacancy. I&E craftsmen
who are selected will commit to continue their employment for a
period equal to two (2) years of training and two (2) years of
work after training.
138 J. The priority order for training employees on new equipment will
be as follows:
1. employees who will be immediately responsible for the new
equipment maintenance,
2. employees needed for check-out purposes,
3. employees who normally work overtime,
4. shift employees.
Familiarization training will be given to other employees, if
requested.
139 K. A formal and permanent comprehensive training program for
analyzer training will be initiated.
140 L. The existing agreement for Electrical craft safety backup will
apply to the new I&E group.
23
XV. I&E UPGRADES
141 The following procedure will be followed in upgrading journeymen in
the Instrument and Electrical department or craft:
142 A. Permanent upgrades will be made in accordance with Article 5,
Section 8, Promotions.
143 B. Temporary upgrades of four (4) days or less will be filled by
upgrading the senior journeyman in the leadman's area. Under no
circumstances will a more senior journeyman from another
Leadman's area be transferred into the absent Leadman's area for
the purpose of filling the position. In the event there is no
journeyman in the Leadman's area, the senior qualified employee
in the group (Analyzer, Power Distribution, or I&E Conventional)
will be upgraded.
144 C. Temporary upgrades of more than four (4) days will be filled as
follows:
1. Temporary upgrades in the Analyzer group will be filled by
the senior qualified person in the Analyzer group;
2. Temporary upgrades in the Power Distribution group will be
filled by the senior qualified person in the Power
Distribution group; and
3. Temporary upgrades in the conventional Instrument and
Electrical group will be filled by the senior qualified
person in the conventional Instrument and Electrical group.
MATERIALS HANDLING SECTION
I. WORK ASSIGNMENTS
145 A chief ▇▇▇▇▇▇-▇▇▇▇▇▇ may have up to and including ten (10) pumper-
gaugers in their group.
146 Should the Coast Guard suspend or cancel the tankerman's license of
any ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇-▇▇▇▇▇▇, said employee shall be assigned to other
work within the classification. Should the COMPANY discharge or
otherwise discipline a ▇▇▇▇▇▇-▇▇▇▇▇▇ for any alleged violation of
Coast Guard regulation, said discharge or discipline shall, in
accordance with Article 30 and 31, be subject to the grievance and
arbitration procedures.
24
II. WORK CLOTHES
147 Distribution supervision will follow the coverall policy of the plant
when pumper-gaugers are working acetic acid. The COMPANY agrees to
provide coveralls for Esters job (steamerette and tankcar inspection).
LABORATORY SECTION
I. TRAINING
148 The COMPANY agrees to continue recognition of seniority for obtaining
training on different jobs, unless it is the employee's primary job.
II. WORK ASSIGNMENTS
149 Analysts in PPQ Lab shall be offered straight day and A-7 shifts by
group seniority.
150 When destaffing occurs on the straight day or A-7 shifts, the analyst
with the least group seniority will be moved.
151 These agreements apply only to lab facilities as presently organized
by teams.
152 The Chief Laboratory Analyst will be not be expected to perform
routine analytical work except under emergency or urgent conditions.
The Chief Laboratory Analyst will be expected to perform selected
screening samples. The Chief Laboratory Analyst will be expected to
perform his normal Chief responsibilities on all shifts. The Chief
Laboratory Analyst will be provided with training on the laboratory
network operation and is expected to have a thorough working knowledge
of its use in laboratory operations. One (1) chief will be assigned
to each shift. The hourly rate of pay and other responsibilities (per
paragraphs 157 and 158 of this section) for said Chief Analyst shall
be equal to that of Chief Operator.
OPERATING SECTION
153 I. SHIFT ASSIGNMENTS
Straight-day jobs in Operating Departments will be filled by the
senior qualified employee in the department, unless an agreement is
reached, otherwise within the department.
25
154 II. In Manufacturing Departments, during shutdowns and/or start-ups of
operations, a special twelve hour shift schedule may be established
for periods of three days or more in duration in addition to current
schedules provided in the Labor Agreement.
155 The shifts will be continuous and start between 5:00 a.m. and 7:00
a.m.
III. WORK ASSIGNMENTS
156 The position of breaker on the X-1 shift is a straight day schedule.
In filling this position the senior qualified employee will be given
preference.
157 The chief operator will not be assigned routine duties during normal
operations; however, chiefs will continue their existing practice of
assisting operators as needed for effective, safe and efficient
operations.
158 In units staffed with two (2) operators, one will be a working chief.
159 The COMPANY agrees to give Operators, Pumper-Gaugers and Lab employees
all available information concerning duration of temporary jobs.
Relief jobs will be offered to senior employees prior to each vacation
year. An employee who accepts the relief job will serve in that job
for one year.
IV. LUNCH DELIVERY
160 The COMPANY agrees to establish a 12:00 midnight. meal delivery time
for overtime meals for Groups 1, 2, and 4.
26
LETTERS OF AGREEMENT
INDEX
SUBJECT PAGE PAR. NO.
Arbitration............................ 1 3
Benefits............................... 11 67
Bid Procedure.......................... 9 59 thru 62
Clip-on Glasses........................ 11 66
Clothing -- Maintenance................ 20 117 thru 119
Coveralls.............................. 7, 20, 25 47 thru 49
117 thru 119
147
Elections.............................. 7 46
Food Service........................... 10 63, 64
Funeral Leave.......................... 9 54 thru 56
Gloves................................. 10 65
Incidental Work........................ 15 96
I&E Work Jurisdiction.................. 22 129 thru 140
I&E Upgrades........................... 24 141 thru 144
Inspections............................ 9 57
Jury Duty.............................. 7 44, 45
Layoff -- Maintenance.................. 20 120
Leadman -- Maintenance................. 19 110 thru 112
License Reimbursement -- Maintenance... 20 121
Lunch Delivery -- Operations........... 26 160
Non-Occupational Sick Pay.............. 4 25 thru 31
Overtime Errors........................ 3 18
Pay Day................................ 4 24
Physicals.............................. 5 33 thru 35
Premium Pay Practices.................. 1 4 thru 22
Premium Pay Practices -- Maintenance... 1 5 thru 10
Prescription Safety Glasses............ 8 50 thru 53
Productivity Statement................. 11 70 thru 76
Safety Glasses -- Maintenance.......... 19 113
i
LETTERS OF AGREEMENT
INDEX
SUBJECT PAGE PAR. NO.
Scheduling............................. 9 58
Seniority.............................. 7 42, 43
Shift Assignment -- Maintenance........ 17 98 thru 104
Shift Assignment -- Operations......... 25 153 thru 155
Shift Preference....................... 1, 25 1, 153 thru 155
Shutdown Staffing -- Maintenance....... 13 85
Special Qualifications -- Maintenance.. 19 116
Stores................................. 21 125 thru 128
Training -- Laboratory................. 25 148
Training -- Maintenance................ 21 122, 123
Transportation......................... 1 2
Upgrade -- Maintenance................. 18 105 thru 109
Vacation............................... 6 36 thru 41
Work Assignment -- Operations.......... 25 153 thru 155
Work Assignment -- Laboratory.......... 25 148 thru 152
Work Assignment -- Maintenance......... 12 77 thru 97
Work Assignment -- Materials Handling.. 24 145 thru 146
Work Clothes -- Maintenance............ 20 117 thru 119
Worker's Compensation.................. 5 32
Work Gloves............................ 10 65
Work Instructions -- Maintenance....... 21 124
ii