ARTICLES OF AGREEMENT
Between
SHELL OIL PRODUCTS US
BAKERSFIELD REFINERY
And
PAPER, ALLIED-INDUSTRIAL, CHEMICAL AND ENERGY WORKERS
INTERNATIONAL UNION, AFL-CIO
On Behalf of
LOCAL 8-219
FEBRUARY 1, 2002 THROUGH JANUARY 31, 2006
INDEX
Subject Article Page
Preamble....................................................................................................... 3
Amendments for Federal Compliance................................................. XXVIII 30
Bulletin Boards......................................................................................... XVII 25
Complaints and Grievances...................................................................... XV 23
Contract Work.......................................................................................... XIX 26
Demotions................................................................................................. XIII 20
Employee Benefits................................................................................ XXXIII 31
Employees Covered..................................................................................... I 3
Funeral Leave.......................................................................................... XXII 28
Health and Safety..................................................................................... XVI 24
Holidays...................................................................................................... IX 14
Hours of Work............................................................................................. III 4
Job Security............................................................................................ XXIII 28
Jury Service.............................................................................................. XXI 28
Layoffs...................................................................................................... XIV 21
Leaves of Absence................................................................................. XVIII 26
Management Rights.............................................................................. XXXII 31
Military Service.......................................................................................... XX 27
No Cessation of Work........................................................................... XXVII 29
Non-Discrimination................................................................................. XXIV 29
Notices................................................................................................... XXIX 30
PACE-COPE Check-Off............................................................................. V 7
Overtime..................................................................................................... VI 9
Period of Agreement.................................................................................... II 3
Permission to Enter Upon Company Property....................................... XXV 29
Plant Closure.......................................................................................... XXXI 30
Prior and Collateral Agreements............................................................. XXX 30
Promotions................................................................................................. XII 18
Rates of Pay and Changes in
Classifications of Work............................................................................. VII 12
Seniority...................................................................................................... XI 17
Shift Differential......................................................................................... VIII 13
Union Security, Dues Deduction,
Service Charge Deduction........................................................................ IV 5
Vacations..................................................................................................... X 16
Validity.................................................................................................... XXVI 29
Wage Schedule............................................................................................. 33
PREAMBLE
SHELL OIL PRODUCTS US
BAKERSFIELD REFINERY (hereinafter called
"Company") and PACE
INTERNATIONAL UNION,
Local 8-219 (hereinafter called
"Union") as the exclusive bargaining
representative of all employees
of the Company hereinafter described,
mutually agree as follows:
ARTICLE I
Employees Covered
This Agreement made and entered into this 1st day of February, 2002, by and between the SHELL OIL PRODUCTS US, BAKERSFIELD REFINERY, and PAPER, ALLIED-INDUSTRIAL, CHEMICAL AND ENERGY WORKERS INTERNATIONAL UNION, in its capacity as bargaining agent, for and on behalf of all employees of the Company in the Refinery, except sales, office and clerical employees, employees engaged in technical work, professional employees, and supervisory employees as defined in the Labor Management Relations Act, 1947, as Amended by Public Laws 86-257, 1959 and 93-360, 1974.
ARTICLE II
Period of Agreement
This Agreement shall take effect February 1, 2002, it shall remain in effect through January 31, 2006. Either party shall give written notice at least sixty (60) days prior to January 31, 2006, of their intention to terminate, modify or amend the Agreement. If notice to change or amend is given, a conference shall be held to consider the proposed changes or amendments. In the event no Agreement is reached by January 31, 2006, either party may, on at least sixty (60) days written notice to the other, terminate this Agreement.
ARTICLE III
Hours of Work
1. The regular scheduled hours of work shall consist of not more than eight (8) hours a day, forty (40) hours per week, without the payment of overtime as hereinafter provided. In no case shall an employee be required to work more than sixteen (16) hours in any twenty-four (24) hour period. The regular work cycle for day employees shall be five (5) consecutive eight (8) hour days. The regular work cycle in the master schedule(s) for shift employees shall not exceed six (6) consecutive eight (8) hour days which shall be followed by not less than two (2) consecutive days off. The regular work cycles in the master schedule(s) as defined above for both day and shift employees will not be changed due to situations such as turnarounds. The master schedule(s) for shift employees may be changed for long term reasons, and in the manner described in Section 4 of this Article. The established work week shall start at 12:01 a.m. Monday and end at 12:00 Midnight the following Sunday. The established workday shall be a calendar day.
2. The following periods shall be established as regular straight time daily schedules:
(a) Shift Employees-
From 10:30 p.m. to 6:30 a.m.
From 6:30 a.m. to 2:30 p.m.
From 2:30 p.m. to 10:30 p.m.
or
From 6:00 a.m. to 6:00 p.m.
From 6:00 p.m. to 6:00 a.m.
(b) Day Employees -
Maintenance
From 7:30 a.m. to 11:30 a.m. and
From 12:00 Noon to 4:00 p.m.
(c) Laboratory -
From 7:30 a.m. to 11:30 a.m. and
From 12:00 Noon to 4:00 p.m.
From 8:00 a.m. to 4:00 p.m.
From 4:00 p.m. to 12:00 Midnight
From 12:00 Midnight to 8:00 a.m.
(d) As working conditions may require, the Company may adjust up or down individual or group starting working hours a maximum of two (2) hours as listed in groups a, b, and c above.
3. The provisions of this agreement shall not be construed as a guarantee that any employee will receive any specified number of hours of work per day or per week.
4. The Company may, upon thirty (30) days written notice to the Union change the rotating shift/days-off master schedule for any group of shift employees.
ARTICLE IV
Union Security-Dues Deduction
Service Charge Deduction
1. Employees are free to join or not join the Union.
2. All present employees who are not Union members and who do not in the future become and remain members shall, as of the effective date of this Agreement, be required as a condition of employment to continue to pay to the Union each month a service charge as a contribution toward the administration of this Agreement, in an amount equal to the regular monthly dues (not including initiation fees, fines, assessments, or any other charges uniformly required as a condition of acquiring or maintaining membership) in the Union.
3. All new employees who do not become Union members after thirty-one (31) calendar days of employment shall as a condition of employment, pay to the Union each month commencing after said date, a service charge as a contribution toward the administration of this Agreement in an amount equal to the regular monthly dues (not including initiation fees, fines, assessments or any other charges uniformly required as a condition of acquiring or retaining membership) in the Union. Upon failure of any non-member employee to pay or tender the above-mentioned service charge, the Employer will discharge such employee when so informed by the Union.
4. All employees covered by this Agreement who are members of the Union on the effective date of this Agreement, or who voluntarily become members thereafter, will be required as a condition of employment, to maintain membership in the Union throughout the term of this Agreement. It is understood that this requirement of maintenance of Union membership shall be met upon the payment or tender by the employee to the Union of the amount of dues uniformly required for maintaining membership therein. The Company will mail the name(s) of new hires to the local Union within ten (10) days of the hiring date.
5. The requirement of maintenance of Union membership shall not apply to any employee who gives written notice to the Union and the Company during the fifteen (15) days immediately preceding the anniversary date of this Agreement of the employee's desire to withdraw from membership in the Union.
6. The Company will deduct Union initiation fees and dues or service charges equivalent to the monthly dues from the wages of employees who individually and voluntarily authorize such deduction in writing in the following form, and will remit these dues or service charges to the proper officers of the Union.
7. UNION DUES DEDUCTION
Date___________________________
"I hereby authorize you to deduct from my wages the initial fees and the current amount of my Union dues as reported to you by the Local Union Secretary-Treasurer and remit said sum to the Union as my membership dues."
"This assignment is voluntary and I understand that I may revoke it at any time in writing by giving notice thereof to the Company and the Union."
Signed___________________________
UNION SERVICE CHARGE DEDUCTION
Date___________________________
"I hereby authorize you to deduct from my wages the Union service charges as reported to you by the Local Union Secretary-Treasurer and remit said sum to the Union as my service fee as provided in Article IV."
"This assignment is voluntary and I understand that I may revoke it at any time in writing by giving notice thereof to the Company and the Union."
Signed___________________________
ARTICLE V
PACE-COPE CHECK-OFF
1. In consideration of the Union's payment of the costs and expenses associated with the Company's establishment and maintenance of an PACE-COPE Check-off System, the Company agrees to deduct from the wages of those employees, who are members of the Union and who voluntarily authorize such deductions on forms provided by the Company, the amount specified as the employee's contribution to the Oil, Chemical and Atomic Workers International Union Committee on Political Education Fund (PACE-COPE) on a single monthly deduction basis.
The Company also agrees to transmit said payroll deductions to the Secretary-Treasurer of Local 8-219, together with a list of the names of employees for whom the deductions have been made and the amount deducted for each such employee.
The foregoing procedure and arrangement will be implemented and become effective within sixty (60) days following receipt of the Union's payment of the costs and expenses associated with the establishment of such system, as outlined in the Company's letter to Local Union No. 8-219, dated February 12, 1986.
2. The payroll deduction procedure will be implemented within sixty (60) days after receiving notice of the Union's intent to proceed, as follows:
a) Deductions will be made the first pay period of each calendar month from the paychecks of those employees who submit to the Company a signed authorization form supplied by the Company specifying the amount to be withheld;
b) All funds collected during each calendar month will be mailed to the designated local not later than January 15 of the following year;
c) A list of names of all employees contributing and the amount of their contribution for the year will be supplied at the time the funds are transferred to the local union;
d) A one-time setup charge of $500 for each participating local of the Union will be assessed, with payment due prior to any payroll deductions being made;
e) A $100 annual charge for each participating local will be assessed to defray the administrative cost of maintaining a monthly payroll deduction roster, issuing reports, and check processing;
f) A check for aforestated amount in Item e) will be forwarded by the local Union to the Company no later than January 15 of the year immediately following that in which the administration costs were incurred by the Company.
3. PACE-COPE Check-off Authorization:
"I hereby authorize and direct the Company to deduct from my pay each month the amount of $________(from the pay period for work performed during the first pay period of each month), and to remit said amount to the Secretary-Treasurer of Local 8-219, as my voluntary contribution to PACE-COPE.
This authorization and my contributions are voluntarily made based on my specific understanding: That they are not conditions of membership in the Union or of employment by my Employer; that I may contribute more or less than any guideline amount suggested and I will not be favored or disadvantaged by the Union for doing so; that I may refuse to contribute without reprisal; and, that PACE-COPE, (which is connected with PACEIU and the AFL-CIO COPE), will use the money contributed for political purposes, including but not limited to making contributions to and expenditures for candidates for federal, state and local offices and addressing political issues of public importance. I understand, also, that my contributions to PACE-COPE are authorized by PACEIU and the AFL-CIO on behalf of joint fund-raising efforts for PACE-COPE and AFL-CIO COPE.
This authorization is a continuing authorization and shall remain in full force and effect during the term of the current agreement or until specifically modified or revoked in writing by me, whichever first occurs."
Date_________________________________________________________________
Signature_____________________________________________________________
Employee Name_______________________________________________________
Social Security No._____________________________________________________
ARTICLE VI
Overtime
1. If an employee is required to work any additional time after completing eight (8) hours of work during the established workday, or forty (40) hours of the regular scheduled workweek, the employee shall be paid at one and one-half (1½) times the regular rate of the classification of work performed for the additional time worked in excess of that specified herein.
2. If an employee works eight (8) hours or less during any normal working day, and leaves the job at the request of the management, and later during such day of twenty-four (24) hours is required by the Company to return to the job for additional work, the employee will be paid at one and one-half (1½) times the employee's regular rate for any such additional time worked during such day of twenty-four (24) hours, but not less than a minimum payment equal to four (4) hours at the employee's regular rate. In the event no work shall be required of any employee so called for duty, the employee shall receive pay for four (4) hours at the employee's regular rate.
3. When an employee is required to report for work on schedule, and then shall not be required to work, or shall be required to work less than four (4) hours, the employee shall receive pay at the employee's regular rate for not less than four (4) hours work.
4. An employee required to work on one or both of the employee's regular days off shall receive one and one-half (1½) times the employee's regular rate of pay for all hours worked in excess of forty (40) hours within the established workweek. Notwithstanding the foregoing, if an employee is reassigned to work a different spot on the master schedule(s) and such re-assignment results in the employee working in excess of six (6) consecutive regularly scheduled days, one and one-half (1½) times shall be paid for all hours worked by the employee on such seventh (7th) consecutive regularly scheduled day. The payment of such seventh (7th) day premium shall not be offset against any additional premiums resulting from work performed by the employee on the employee's regularly scheduled days off.
5-A Meal Allowance: Daylight Maintenance Department
(1) If an employee is required to work more than two (2) hours in excess of and contiguous with the employee's regular 8-hour work day, the Company will furnish the employee a meal and shall allow one-half (½) hour without pay to eat the meal. For each successive five (5) hours worked in excess of the employee's regular 8-hour day after the first meal period, the Company will furnish the employee with another meal. If the Company is unable to furnish any such meal, the employee shall be paid meal money in the amount of seven dollars ($7.00) in lieu thereof. In no case, however, will the employee be entitled to overtime meals or meal money if given at least four (4) hours notice before being required to report to work.
(2) If an employee who has been given less than four (4) hours notice is required to work four (4) hours, and such work is not contiguous with the employee's regular 8-hour work day, the Company will furnish the employee with a meal and shall allow one-half (½) hour without pay to eat the meal. For each successive five (5) hours worked, after the first meal period, the Company will furnish the employee with another meal. If the Company is unable to furnish any such meal, the employee shall be paid meal money in the amount of seven dollars ($7.00) in lieu thereof.
(3) If an employee is required to work on the employee's day off and has been given at least four (4) hours notice, and such overtime is not contiguous with the employee's regular 8-hour work day, no overtime meal will be furnished, except as provided in paragraph (A-1) and (A-2) above.
(4) When an employee is notified four (4) hours in advance for scheduled overtime, no meals or meal allowance will be provided. If an employee works in excess of the scheduled overtime period, the employee will be provided an overtime meal or meal allowance.
5-B Meal Allowance: Operations, Oil Movements, and Laboratory Department
(1) Overtime contiguous with, but ahead of regular scheduled work:
An employee who is required to report to work more than two (2) hours early shall be entitled to a meal or, at the Company's option, a meal allowance in the amount of seven dollars ($7.00). These meal allowances become due at the fourth (4th) hour, and each five (5) hour interval thereafter. In no case, however, will the employee be entitled to overtime meals or meal money if given at least four (4) hours notice before being required to report to work.
(2) Overtime contiguous with, but after regular scheduled work:
An employee who is required to work more than two (2) hours beyond the employee's regular scheduled eight (8) hours shall be entitled to a meal or, at the Company's option, a meal allowance in the amount of seven dollars ($7.00) at the following consecutive clock hours worked intervals, the tenth (10th) hour and each five (5) hour interval thereafter. In no case, however, will the employee be entitled to overtime meals or meal money if given at least four (4) hours notice before being required to report to work.
(3) Overtime not contiguous with regular scheduled work:
An employee who is required to work more than four (4) hours of work not contiguous with the employee's regular scheduled eight (8) hour working period and who has been given less than four (4) hours notice of such work shall be entitled to a meal or, at the Company's option, a meal allowance of seven dollars ($7.00). These meal allowances become due at the following consecutive clock hours worked intervals, the fourth (4th) hour, and each five (5) hour interval thereafter.
(4) Employees under this provision shall be required to remain on duty during any such meal period. If the Company is unable to furnish any such meal, the employee shall be paid a meal allowance of five dollars ($5.00) in lieu thereof.
(5) If an employee is required to work on a scheduled day off and has been given at least four (4) hours notice, and such overtime is not contiguous with the employee's regular 8-hour work day, no overtime meal will be furnished, except as provided in paragraph (B-1) and (B-2) above.
6. For the purpose of computing overtime under this Article, an employee working any fraction of an overtime hour will be paid on a fifteen (15) minute or one quarter (¼) of an hour basis. Time required to pass information or instructions between incoming and outgoing shifts or other employees shall not be considered time worked. There shall be a sixteen (16) hour rest period between shift changes, or the Company shall be required to pay time and one-half (1½) to employees called to work without such sixteen (16) hour rest period. This sixteen (16) hour rest period shall not apply to day employees who are assigned a regular lunch period, nor employees working a twelve- (12) hour shift schedule who shall be given twelve (12) hours rest or this overtime requirement shall apply. All overtime shall be approved in advance by the Supervisor or the Supervisor’s designee.
7. Employees shall be given notice of schedule changes twenty-four (24) hours in advance of their starting time. In the event the Company does not give such notice, payment for all continuous hours worked during the first shift immediately following the starting time of the revised schedule will be paid for at one and one-half (1½) times the applicable straight time hourly rate.
8. An employee who is required to report to work on an emergency callout will perform said work and any other emergency work that occurs following such emergency callout and prior to the employee leaving the job.
9. Regularly scheduled hours not worked up to a maximum of eight (8) per day on a regular holiday, funeral leave, vacations, or jury duty, and for authorized sick or industrial accident leave as defined herein, will be included in computing the forty (40) hours in a work week beyond which the overtime rate is paid.
10. There shall be no duplication or pyramiding of overtime or other premium rates required by this Article or any other Article of this Agreement. In cases where two (2) or more overtime or premium payments are applicable, only the one (1) resulting in the greatest payment shall be applicable.
11. The Company will schedule a minimum of two (2) consecutive days off. When it becomes necessary for the Company to split an employee's days off, the employee shall receive one and one-half (1½) times the employee's regular rate of pay for the first scheduled work day following the employee's first day off.
ARTICLE VII
Rates of Pay and Changes in Classifications of Work
1. The classifications and rates specified in the attached schedule and considered a part hereof are the only classifications and rates applicable to personnel covered by this Agreement.
2. An employee working any job shall perform any duties to which the employee may be assigned. Work performed by employees assigned to a Department shall be done by employees holding bid classifications regularly assigned to the Department, except in cases of emergency.
3. If work of a higher paid classification is required of any employee, the employee shall receive the minimum rate of wages specified for such higher paid classification for as long as the employee occupies that position; and with a minimum of two (2) hours pay paid in the higher classification if the employee works therein for two (2) hours or less. Employees working in excess of two (2) hours in the higher rated classification shall be paid the rate for actual hours worked.
4. Regular relief employees whose schedule requires work at more than one classification will be paid at the rate of the highest classification for all work performed in such combination classifications. This paragraph also applies to employees scheduled for at least one week who provide relief for regular relief employees for that period of relief.
5. Within sixty (60) days of the creation of a new job classification or the re-establishment of a former classification not now listed in the wage schedule, the wage rate(s) and working conditions thereto shall be determined by collective bargaining, subject to arbitration. When agreement is reached between the Company and the Union on the working conditions and rates of pay for the new or re-established classification(s), said rate(s) shall become effective as of the date that the new or re-established classification(s) were established by the Company.
6. Within sixty (60) days of re-assignment of duty(ies) within existing classifications or the creation of new or unlisted job classification, the rate applicable thereto shall be determined by collective bargaining, subject to arbitration, and shall become effective as of the time such new duty(ies) or job classification was established.
7. An employee being trained for a higher classification may perform work in that higher classification at the employee's regular rate of pay.
8. All work incident to or in connection with good housekeeping, running maintenance, and the like, will, consistent with efficient operation and in so far as is reasonable, be performed or done by such employees. The Union recognizes management's right to make work assignments. Employees may be required to perform work outside their primary duties.
ARTICLE VIII
Shift Differential
1. A shift differential for hours worked outside of the daylight shift shall be added to all basic rates of pay as follows:
a) Afternoon Shift - A shift differential of one dollar ($.75) per hour shall be paid to any employee whose shift is regularly scheduled to commence within one (1) hour of 4:00 p.m. and end within one (1) hour of 12:00 Midnight.
b) Morning Shift - Shift differential of one dollar and fifty cents ($1.50) per hour shall be paid to any employee whose shift is regularly scheduled to commence within one (1) hour of 12:00 Midnight and end within one (1) hour of 8:00 a.m.
c) Daylight Shift or Day Work - No shift differential shall be paid to an employee whose shift is regularly scheduled to commence after 6:00 a.m. and end before 6:00 p.m.
2. Off Schedule Shift: Employees assigned to regular Off Schedule Shifts:
a) which start before 6:00 a.m. and end after the starting hour of the regular day shift shall be paid the applicable morning shift differential from the start of the shift until the starting hour of the regular day shift only, and
b) which start before the starting hour for the afternoon shift and end after 6:00 p.m. shall be paid the applicable afternoon shift differential from the starting hour of the afternoon shifts only, until the end of the shift.
c) When a shift crosses the afternoon and night shifts, differentials will be paid in accordance with the clock hours worked on each shift.
3. Daylight Employees: A daylight employee is an employee working on an operation which normally continues only through eight (8) hours between 6:00 a.m. and 6:00 p.m., except for Operating Department and Oil Movements Department employees, all of whom are considered to be shift employees.
a) Daylight employees who work outside the hours of 6:00 a.m. through 6:00 p.m., when such hours are contiguous with such employees' regular scheduled daylight shift, shall receive the appropriate shift differential for such hours worked which are outside of the hours of 6:00 a.m. through 6:00 p.m.
b) Daylight employees rescheduled or assigned to work during the afternoon and/or morning shift periods, for any reason, shall receive the appropriate shift differential for the shift period worked, except that no shift differential shall be paid for overtime hours between the hours of 6:00 a.m. through 6:00 p.m. which are contiguous to the employees' regular daylight shift.
c) Daylight employees called out to work outside the hours of 6:00 a.m. through 6:00 p.m. shall receive the appropriate shift differential for such hours worked, except that no shift differential shall be paid for hours worked between 6:00 a.m. and 6:00 p.m. where such hours worked are contiguous to the employees' regular or scheduled shift.
4. Overtime Rate on Shift Differential: When an overtime rate applies, and a shift differential applies, the overtime rate shall also be applied to the shift differential.
5. Benefits: Shift differential payment will not be included in computing pay for any reasons other than for hours worked.
ARTICLE IX
Holidays
1. Employees assigned to the Maintenance Department and employees in the Refinery Utility Classification not assigned to shift work shall observe the following holidays: New Year’s Day, Presidents’ Day, Good Friday, Memorial Day, Independence Day, Labor Day, Thanksgiving, the day after Thanksgiving and Christmas Day. A "Floating" holiday will also be observed on a day adjacent to Christmas. If Christmas is to be observed on Monday, the preceding Friday will be the "Floating" holiday. If Christmas is to be observed on Tuesday, Wednesday or Friday, the "Floating" holiday will be observed on the day before Christmas. If Christmas is to be observed on Thursday, the "Floating" holiday will be observed on the following Friday.
2. Should any of these holidays fall on Sunday, employees not assigned to seven (7) day per week operations will observe the holiday on the following Monday instead of Sunday, and if the holiday falls on Saturday, the holiday will be observed on the preceding Friday.
3. Employees designated as shift workers and employees assigned to the Laboratory shall observe the following holidays: New Year's Day, Presidents’ Day, Good Friday, Memorial Day, Independence Day, Labor Day, Thanksgiving, and Christmas Day. Two "Floating" holidays will also be observed in accordance with Section 4 of this Article. For employees designated as shift workers and employees assigned to the Laboratory, the recognized holiday shall be the calendar day on which it occurs.
4. With respect to the "Floating" holidays as specified under Section 3 above, each employee shall give the Company thirty (30) days notice for the requested holidays. The Company may, at its discretion, allow an employee to take the employee's floating holiday without such notice. New employees must complete one hundred eighty (180) days service before becoming eligible for the floating holiday.
5. All employees, excluding probationary employees specified in Article XI, Section 2, shall receive holiday pay in an amount equal to eight (8) hours pay at their classified rate for the observed holidays specified, provided the employee is not required to work, and works on the scheduled workday immediately prior to or following the holiday. No holiday pay will be paid to any employee who is on an unpaid leave of absence; i.e., Union business, previously exhausted occupational and/or non-occupational sickness and accident benefits, etc. Any employee with more than one hundred twenty (120) days of service who would not have received a day's pay on any of the above holidays occurring prior to the completion of such one hundred twenty (120) days service shall receive a day's pay at the employee's straight time rate for each such holiday on which the employee lost such pay.
6. In addition to the eight (8) hours holiday pay specified in paragraph 1 and 3 above, all full-time employees will receive one and one-half (1½) times the classified hourly rate to which they are assigned for the first eight (8) hours worked on an observed holiday. Employees who are required to work beyond eight (8) hours on any of the observed holidays will receive two (2) times the classified hourly rate to which they are assigned for those hours worked in excess of eight (8) hours. An employee who works on an observed holiday shall be paid at the wage rate for the classification to which the employee is assigned or the employee's regular classified rate, whichever is greater.
7. Hours worked by employees as the result of a callout on an observed holiday shall be paid at one and one-half (1½) times the classified hourly rate to which they are assigned for the first eight (8) hours worked on the observed holiday, and two (2) times the classified hourly rate to which they are assigned for those hours in excess of eight (8) hours. An employee who is called out to work on a holiday, and after reporting to work shall not be required to work, or shall be required to work four (4) hours or less, will receive a minimum payment equivalent to four (4) hours at the rate of one and one-half (1½) times the classified hourly rate.
8. A designated holiday not worked, but paid for, shall be counted as a day worked in computing overtime in excess of forty (40) hours in the established work week, except when such holiday occurs on one (1) of the employee's regular days off.
ARTICLE X
Vacations
1. Employees will be eligible for vacation as follows:
a) All employees who have completed one (1) year of continuous service will be eligible for eighty (80) hours vacation with pay and will thereafter qualify for two (2) weeks vacation on each successive January 1st.
b) Commencing with January 1st of the year in which the 5th anniversary of accredited service occurs, employees will be eligible for one hundred twenty (120) hours vacation with pay during that year and in each year thereafter.
c) Commencing with January 1st of the year in which the 10th anniversary of accredited service occurs, employees will be eligible for one hundred sixty (160) hours vacation with pay during that year and each year thereafter.
d) Commencing with January 1st of the year in which the 20th anniversary of accredited service occurs, employees will be eligible for two hundred (200) hours vacation with pay during that year and in each year thereafter.
e) Commencing with January 1st of the year in which the 30th anniversary of accredited service occurs, employees will be eligible for two hundred forty (240) hours vacation with pay during that year and in each year thereafter.
f) Employees working a 12-hour shift schedule will follow the current 12-hour shift policy regarding vacation.
2. Vacations shall be granted and taken annually in accordance herewith and cannot be accumulated except as provided by the Vacation Plan. Each employee on vacation shall be entitled to compensation for the period of such vacation on the basis of the employee's average full time weekly (excluding overtime) pay paid the employee by the Company during the two (2) week period immediately prior to the date of taking the employee's vacation. In no case will the employee's vacation pay average be less than that employee's classified hourly rate.
3. If a recognized holiday, as covered by this Agreement, falls during an employee's vacation, the employee shall receive an additional day's vacation with pay or an additional day's pay.
4. In the assignment of vacation time, the Company will, as far as possible, comply with the requests of the employees, giving preference to requests of the senior employees. The Company will issue vacation schedule forms by October 1 requesting each employee to select their vacation preference. All selections shall be made by December 1. In the event an employee does not make a selection by December 1, the Company will make the vacation assignment. When approved, the vacation schedule will be published. The Company will post, on the bulletin boards, the approved vacation schedule, taking into account some changes might be required due to unforeseen circumstances such as emergencies, illnesses, etc. Vacations will start January 1 and continue to December 31. All employees who are eligible for vacation time will be allowed, if they so desire, to split their vacation time in one week intervals. When employees choose to split their vacation, the employees' choices will be ranked; each employee's first choice will outrank and be assigned prior to any employee's second choice, which will outrank and be assigned prior to any employee's third choice, etc. Vacations shall otherwise be governed by the Bakersfield Plant's vacation rules in effect or by the Vacation Plan.
ARTICLE XI
Seniority
1. In making promotions, filling vacancies, demotions, layoffs, reemployment, the Company will, in all cases, be governed by the seniority and qualifications of the employee.
2. Every new employee shall be on probation for the first three hundred sixty-five (365) days. Continuous employment thereafter shall entitle the employee to the status of "permanent employee" and seniority shall start with the first day of employment.
3. Seniority for each employee shall be that date as shown on the seniority lists. The Company will furnish the Local Union and Workmen's Committee semi-annually with current plant and departmental seniority lists for all employees covered under this Agreement.
4. Employees will start their employment in the refinery utility pool. The classification of Refinery Utility is not a bid classification and carries no departmental seniority.
5. All bid classifications shall fall in the following departments as listed in the Wage and Classification Schedule:
(a) Operating Units
(b) Maintenance
(c) Laboratory
(d) Oil Movements
6. An employee's departmental seniority shall become effective upon completion of the employee's promotional probationary period, but shall be computed from the date when the employee first was awarded the classification bid in that department.
ARTICLE XII
Promotions
1. All promotions to a higher rated classification, voluntary demotions to a lower rated classification and bids to a classification with an equal rate of pay shall be probationary for a period not to exceed sixty (60) days. If, in the opinion of the Company, any employee, within the period of sixty (60) days after any of the above moves, does not display the ability and skill necessary to perform the employee's job satisfactorily to the Company, then such employee will be returned to the employee's previous position without loss of any seniority. Any employee awarded a job which represents a voluntary demotion within the employee's own department will be ineligible to bid on any other vacancy for a period of one hundred and eighty (180) days.
2. All job opportunities shall be posted on the bulletin boards for one (1) full calendar week from the date the Company has knowledge of such vacancy, in order that eligible employees may have the opportunity to bid on said jobs. A copy of such bids will be furnished to both the Secretary-Treasurer of Local 8-219 and to the Chairman of the Workmen's Committee. An employee who is on leave of absence, sick leave or vacation, and who has not already been notified by registered mail, return receipt requested, and given an opportunity to bid on the posted vacancy, may apply for said posted permanent assignment based on the employee's seniority, qualifications and eligibility within five (5) working days following the employee's return to work, and receive the assignment, subject to the provisions of Section l of this Article, if the employee is capable of handling the job after the break-in period. The employee who has occupied the job will be considered to be temporarily assigned.
3. The Company shall provide suitable job bid forms. Bids are to be filled out completely.
4. The Company will notify the successful bidder within fifteen (15) calendar days from the date of the posting of said vacancy.
5. The job shall be filled within sixty (60) days by the senior eligible employee bidding for same. Time off from work by the employee during this period due to personal illness, injury, vacation, holidays, jury duty, or similar causes shall extend the above sixty (60) day period by the amount of said time off.
6. When it is deemed necessary to deviate from seniority, except as provided elsewhere in this Agreement, the matter shall be subject for discussion with the Workmen's Committee prior to permanent placement, and if not adjusted satisfactorily, may become a matter of action under Article XV.
7. Refusal to accept promotions shall not jeopardize an employee's opportunities for future promotions. A Refinery Utility, or any employee bidding on an opening within that employee's department, may withdraw the employee's bid up to the close of the bidding period. Once the bid has been closed, the successful bidder must accept the promotion. Any employee bidding on an opening to the entry level of another department shall have until the end of the employee's break-in period or three weeks after the employee starts working in the new department, whichever is later, to refuse the promotion by notifying the employee's supervisor in writing of the employee's decision, in which event the employee will be returned to the employee's previous position without loss of seniority.
8. Vacancies in
the entry level classifications within each department shall be filled,
based on plant seniority and qualifications, by bid from qualified employees
within the Refinery Utility classification. Every other entry level opening in
each department shall be open to interdepartmental bidding by qualified
employees within other departments. If there are no bids from such qualified
employees, the Company may assign the junior qualified employee in the Refinery
Utility classification to the vacancy, or the Company may hire an applicant for
such vacancy. Every other opening in the Maintenance department will be open
to interdepartmental bidding by employees qualified at the No. 1 Craft Mechanic
level. If there are no bids from such qualified employees, the Company may
hire an applicant for such vacancy.
9. Only employees holding seniority in a department will be eligible to bid an opening above the entry level in that same department and will be awarded the bid on the basis of departmental seniority and qualifications. When no bids are received from qualified employees holding seniority in that department, the opening shall be filled by the Company's assignment of the most junior qualified employee within the department. If there are no qualified junior employees within the department, the opening shall be filled by bid from qualified employees within the Refinery Utility classification. If there are no bids from qualified employees within the Refinery Utility classification, the Company may assign the junior employee in the Refinery Utility classification to the opening, or the Company may hire an applicant for such opening.
10. In the event an employee bids for and is awarded a classification outside the employee's department, that employee shall be ineligible to bid out of the employee's new department on any position for a period of one hundred and twenty (120) days.
11. At any time that the Plant is being expanded through the addition of a major unit(s), interdepartmental bidding shall be suspended for a period starting nine (9) months prior to the scheduled startup and ending six (6) months after the completion of the successful startup of such unit(s).
ARTICLE XIII
Demotions
1. Demotions due to curtailment or lack of work shall be done by departmental seniority, that is, the employee with the least departmental seniority shall be the first to be demoted. When a job is eliminated, the affected employee will have the right to displace a junior employee in an equal pay classification, or a lower pay classification, within the employee's department.
2. Anyone displaced to the refinery utility pool shall have the right to displace a junior employee in an equal pay classification, or a lower pay classification, in any department based upon the employee's plant seniority. The employee shall retain seniority in the department from which the employee was demoted for a period of one (1) year or until the employee bids to the entry level classification in the department from which the employee was demoted or of another department, whichever occurs first.
3. An employee retained on the payroll who is reduced to a lower pay classification because of operational changes as determined by management shall receive the rate of the employee's permanent classification from which the employee was reduced for an appropriate period as follows:
Three (3) months for one hundred and eighty one (181) days through four (4) years' service.
Six (6) months for five (5) years through fourteen (14) years' service.
Nine (9) months for fifteen (15) years through twenty-four (24) years' service.
One (1) year for service of twenty-five (25) years or more.
4. To qualify for rate protection, such an employee must have held the employee's permanent classification for at least ninety (90) days and must have worked in or above the employee's permanent classification for a period of ninety (90) days within the twelve (12) month period immediately prior to the effective date of the employee's reduction in permanent classification. Approved absence from permanent classification shall count as time worked for the purpose of this paragraph.
5. An employee who during the rate retention period, refuses to accept a promotion to a higher-rated classification and for which the employee is qualified, will immediately be disqualified from further rate retention. The rate retention provision will not apply to seasonal employees, nor to demotions resulting from circumstances such as fires, floods, acts of God, catastrophes, wars or other events beyond the reasonable control of the Company.
ARTICLE XIV
Layoffs
1. Layoff shall be by seniority, that is, the last employee hired will be the first employee laid off. An employee who has been laid off due to no fault of the employee's own will not forfeit the employee's right to be re-employed until and unless the employee has been off the payroll for a period of one (1) year. Any employee rehired within the aforementioned time period shall be regarded as a regular employee, and all such seniority accrued prior to layoff shall be restored to such employee so rehired within said time period.
2. Recall notices shall be by Telegram With Report (confirmation of receipt), or Certified Mail - Return Receipt Requested, to the last known address of the employee(s). Said employee(s) must accept reemployment offer within ten (10) working days after issuance of such notice, or the employee(s) shall lose all rights for said reemployment offer.
3. Any bargaining unit employee covered by this Agreement who is permanently promoted or permanently transferred to a position outside the bargaining unit shall lose all bargaining unit seniority as of the effective date of such promotion and/or transfer. Temporary assignments of bargaining unit personnel to non-bargaining unit positions for continuous periods of three (3) months or less shall not adversely affect the employee's seniority status or interfere with the accrual of seniority and benefits based on such employee's normal bargaining unit status. Any employee temporarily filling a non-bargaining unit position in excess of three (3) months shall lose all bargaining unit seniority concurrent with the expiration of such three (3) month period.
4. In the event the Company determines it necessary to invoke temporary layoffs (defined as 120 days or less) of employees, such layoffs will commence on or after fourteen (14) days advance notice has been given to the Union of the Company's intent. All obligations imposed by Sections 1 and 2 above, Article XXIII and Article XXXI shall be without force or effect in the case of temporary layoffs.
The foregoing will have application only in the event of a complete temporary shutdown of the Bakersfield Plant, exclusive of boilers and oil movements operations, and such other facilities that may have to be operated for environmental reasons in accordance with any applicable governmental regulations. Employees deemed necessary to man these operations shall be exempted from the layoff, demotions and/or bumping procedures of the Articles of Agreement. Otherwise, the seniority provisions of the Articles of Agreement respecting layoffs and/or demotions, etc. will apply. The schedule of benefits applicable to temporary layoffs shall be as follows:
Full Years of
Company Service Severance Pay
1 One (1) payment amounting to the dollar difference between three-quarters (¾) of an employee's weekly base pay and the maximum weekly unemployment insurance compensation that the State is allowed to provide by law.
2 Two (2) such weekly payments based on ¾ pay.
3 Three (3) such weekly payments based on ¾ pay.
4 Four (4) such weekly payments based on ¾ pay.
5 Five (5) such weekly payments based on ¾ pay.
6 Six (6) such weekly payments based on ¾ pay.
7 Seven (7) such weekly payments based on ¾ pay.
8 Eight (8) such weekly payments based on ¾ pay.
9 Nine (9) such weekly payments based on ¾ pay.
10 Ten (10) such weekly payments based on ¾ pay.
11 Eleven (11) such weekly payments based on ¾ pay.
12 Twelve (12) such weekly payments based on ¾ pay.
13 Twelve (12) such weekly payments based on ¾ pay and one (1) such weekly payment based on ½ pay.
14 Twelve (12) such weekly payments based on ¾ pay and two (2) such weekly payments based on ½ pay.
Eligibility for the temporary layoff severance benefits described herein shall be the same, in all respects, as eligibility for benefits under the Company's regular Severance Pay Plan.
In the event the Company converts a temporary shutdown to a permanent shutdown which will result in the permanent layoff of employees, the provisions of Article XXIII, the sixty (60) day written notice for layoff clause, and/or Article XXXI, the six (6) month Plant Closure Agreement shall become operative.
5. No employee who has acquired seniority rights shall be suspended or discharged, except for just cause. When an employee voluntarily leaves the employment of the Company, the employee's seniority shall terminate upon receipt of the employee's final paycheck.
ARTICLE XV
Complaints and Grievances
1. For the purpose of handling any dispute or grievance arising under the terms of the Agreement, the Company agrees to meet, according to the procedures provided in this Article, with Members of the Workmen's Committee chosen by the Union employees of the Company, so that they properly represent the different Departments of the Refinery.
2. Any individual employee, group of employees or the Workmen's Committee shall have the right to submit grievances to the Company.
3. If an employee shall have a complaint, the employee shall first discuss it with the employee's foreman. When discussing the complaint, the employee may be accompanied by a member of the Workmen's Committee.
4. If the complaint is not adjusted to the satisfaction of the employee within ten (10) days after discussion thereof with the foreman, the employee may present the employee's complaint to the Workmen's Committee. The Workmen's Committee may submit the complaint in writing to the local Management of the Company and the local Management shall meet with up to three (3) members of the Committee within seven (7) days after receipt of such complaint for the purpose of arriving at a satisfactory adjustment thereof. The local Management shall give a written decision of the complaint within seven (7) days after such meeting and a copy of such decision shall be delivered to the employee and to the Committee.
5. It is agreed that no adjustment shall be made on any complaint unless the complaint has been so presented to the local Management within thirty (30) days after the occurrence of the matter complained of, nor shall a complaint arising from the termination of an employee be given consideration unless it is presented in writing by the employee to the local Management within seven (7) days after termination. Any grievance may be brought up and discussed at any time, but no retroactive adjustment shall be made unless presented within the time specified.
6. In the event the decision of the local Management does not afford satisfaction, the Union shall have the right within thirty (30) days after the local Management's decision has been given, to request joint consideration of the complaint by the District Director of the Union, or the District Director's designated representative, and the Plant Manager or the Plant Manager's designated representative, and they shall confer within thirty (30) days after the Company's receipt of such request for the purpose of discussing the complaint and attempting to arrive at a fair and just decision. If they fail to agree upon the settlement of the complaint, they shall, within fifteen (15) days, select a third person to act with them as a Board of Arbitration. Should they fail to agree upon a third person as specified herein, they shall request the American Arbitration Association to submit a list of arbitrators, one of which will act as the third party to the Board of Arbitration. The decision of any two (2) of the Board shall be final and binding to all persons concerned. Any cost or expense of such arbitration shall be divided equally between the Company and the Union.
7. For the purpose of the time limits referred hereto, Saturdays and Sundays and holidays covered by this Agreement will be excluded.
8. If a dispute arises over the physical fitness of an employee to return to work or continue to work, a board of three (3) physicians shall be selected; one by the Company, one by the employee, and one selected by the two (2) so named. The decision of the majority of the board shall decide the case.
ARTICLE XVI
Health and Safety
1. There shall be established a Joint Labor-Management Health and Safety Committee, consisting of equal Union and Company representatives, and not less than two (2) nor more than four (4) each.
2. The Company will, from time to time, retain at its expense, qualified independent industrial health consultants, mutually acceptable to the International Union President or the International Union President's designee and the Company, to undertake industrial health research surveys as decided upon by the Committee, to determine if any health hazards exist in the work place.
3. Such research surveys shall include measurements of exposures in the work place, the results of which shall be submitted in writing to the Company, the International Union President, and the Joint Committee by the research consultant, and the results will also relate the findings to existing recognized standards.
4. The Company agrees to pay for appropriate physical examinations and medical tests at a frequency and extent necessary in light of findings set forth in the industrial consultant's report as may be determined by the Joint Committee.
5. The Union agrees that each research report shall be treated as privileged and confidential and will be screened by the Company to prevent disclosure of proprietary information or any other disclosures not permitted by legal or contractual obligations.
6. At a mutually established time, subsequent to the receipt of such reports, the Joint Committee will meet for the purpose of reviewing such reports and to determine whether corrective measures are necessary in light of the industrial consultant's finding, and to determine the means of implementing such corrective measures.
7. On each successive October one following the execution of this Agreement, the Company will furnish to the Union and Workmen’s Committee all available information on the mortality and morbidity experience of its employees.
8. The Joint Committee shall meet as often as necessary, but not less than once each month at a regularly scheduled time and place, for the purpose of considering, inspecting, investigating and reviewing health and safety conditions and practices. Union Committeemen shall have the right to investigate accidents under procedures developed by the Joint Committee. The Joint Committee shall make constructive recommendations with respect thereto, including but not limited to the implementation of corrective measures to eliminate unhealthy and unsafe conditions and practices and to improve existing health and safety conditions and practices.
9. All matters considered and handled by the Committee shall be reduced to writing, and joint minutes of all meetings of the Committee shall be made and maintained, and copies thereof furnished to the International Union President and Workmen’s Committee.
10. Time spent in connection with the work of the Committee by Union representatives, including walkaround time spent in relation to inspections and investigations, shall be considered and compensated for as their regularly assigned work.
11. In addition to the foregoing, Company intends to continue its existing industrial hygiene program as administered by Company personnel.
12. Any dispute arising with respect to the interpretation or application of the provisions hereto shall be subject to the grievance and arbitration procedure set forth in the Agreement.
13. No employee shall be required to perform services that seriously endanger the employee's physical safety, and the employee's refusal to do such work shall not warrant or justify discharge.
14. The Company will, at its expense, provide for the training of the Union members of the Joint Committee, twice during the term of this Agreement, when such training is requested by the Union members of the Committee. Such training will be limited to five (5) days per Committee member and will be conducted by qualified individuals, institutions and organizations recognized in the field of health and safety.
15. Employees having to perform work inside any vessel, tank or boiler will receive suitable clothing when requested.
ARTICLE XVII
Bulletin Boards
The Company will provide bulletin boards at convenient locations where they may be seen by the employees during their working hours. Such boards will be used exclusively by the Union for notices indicating the time and place of meetings and other regular functions of the Union having to do with the employees. Notices covering other items must be approved by the local Management before posting.
ARTICLE XVIII
Leaves of Absence
1. If an employee desires a leave of absence in order to engage in any business pertaining exclusively to the PAPER, ALLIED-INDUSTRIAL, CHEMICAL AND ENERGY WORKERS International Union, said leave will be granted when requested in writing to the local Management. Such employee shall be entitled to resume the employee's employment with the employer, without loss of seniority, and return to the employee's former Department at a rate of pay no less than that applicable to the job from which the employee left. There shall not be more than one (1) employee absent on such leave at any one time.
2. Leaves of absence may be granted, after one (1) year of continuous service with the Company, in emergency cases when such leave will not seriously affect the Company's operations and where adequate notice requesting such leave is given by the employee. In no case will more than two (2) personal leaves of absence be granted to any employee within a twelve (12) month period.
3. The employee shall be responsible for maintaining all costs of benefit plans provided by the Company during the entire leave of absence.
4. Otherwise, leaves of absence will be subject to Company regulations.
5. Family leave will be available to all represented employees in the event of a birth or adoption of a child or the serious illness of a child, spouse or parent. The leave will be without pay and will be granted for up to a maximum of twelve weeks in a twelve-month period. An employee may request more than one family leave during a twelve-month period, but the total time on leave within that period may not exceed twelve weeks. The employee's request for such leave shall be in writing and submitted to his or her supervisor as far in advance as possible to minimize any adverse impact on operations.
Credited service will accrue during the period covered by the family leave of absence. The leave will be granted with the understanding that the employee will be reinstated to the position held prior to the leave or to a comparable position.
ARTICLE XIX
Contract Work
1. The Company will not subcontract any of its work if such subcontracting will cause displacement, layoff, demotion, or jeopardize the promotion of employees within the classifications covered by this Agreement.
2. In the subcontracting of routine maintenance work presently also performed by Company employees, the Company shall give first preference to subcontractors having the collective bargaining agreements with PACE, provided said subcontractors can perform the work efficiently and economically to the satisfaction of the Company.
3. The Company agrees that prior to working subcontractor employees, the Company will afford these supplemental employees the same Health and Safety orientation as they afford their own employees, and will insist upon enforcing the same safety rules.
4. Paragraph 2 above shall not apply to new construction, major repairs, turnarounds, and/or installation of special or patented equipment not ordinarily performed by Company employees as part of routine maintenance.
5. Any decoking or coke handling required as a part of the operations of the delayed coker will be work performed by a qualified contractor, acceptable to the Company, and will not be work performed by the bargaining unit employees. (In the bidding and selection process to obtain a qualified contractor to perform the decoking or coke handling activities, the Company will include any available, qualified PACE affiliated contractors, if any, on its bid list for such work, with the understanding that the contractor selected will be the bidder considered to be able to perform the work efficiently and economically to the satisfaction of the Company.)
ARTICLE XX
Military Service
1. Employees who shall leave the service of the Company to enter the services of the United States Government or any agency thereof for the purpose of performing military service for the United States, and shall notify the Company upon their release from such service (providing the time does not exceed ninety (90) days after their official release by the United States Government) shall be taken back into the service of the Company and allowed the seniority and position they held at the time they left for said Military service, insofar as possible after they have proven their ability for that certain position.
2. Any full time employee who is a member of a reserve component of the armed forces of the United States, or a member of the National Guard or Air National Guard, will be granted a leave of absence for annual training duty or for emergency National Guard duty at the call of the Governor of California. An employee who has been employed by the Company for one (1) year or longer and who is on annual training duty or emergency duty will receive one (1) week's leave of absence with pay and a leave of absence without pay for such additional time as may be required to complete the annual training duty or emergency National Guard duty. An employee who has not taken the current year's vacation entitlement may substitute an equivalent part of the vacation for the leave of absence without pay.
ARTICLE XXI
Jury Service
When a permanent employee is summoned for jury service, the employee will not be required to report to work for any day the service is required unless the employee is released from such service not later than 12:00 Noon, and is not required to report for such service the following day. An employee assigned to the morning shift will have the option to work the night previous to or the night after the employee has been summoned by the court for jury duty, regardless of the time the employee is relieved from service. Such employee shall elect which of these shifts the employee desires to be relieved and shall notify the employee's supervisor of such election 24 hours in advance of the first of these shifts. Such service will be without loss of straight time pay for days that the employee was scheduled to work. While on such service the employee will report to the Company supervisor on duty each day upon release from such service on that day. The employee may retain any monies paid to the employee for such service, including all expense money such as mileage and per diem.
ARTICLE XXII
Funeral Leave
Employees may be granted up to three (3) days off, with pay, when absent on account of a death in the immediate family, i.e., spouse, parents, children, brothers, sisters, grandparents, grandchildren, and in-laws (defined as the grandparents, parents, brothers and sisters of the spouse). An employee may be paid for additional time lost at the discretion of the Plant Manager or his designee.
Employees shall have reasonable time off without pay to attend funerals of other relatives or close friends, after receiving permission from the Company.
ARTICLE XXIII
Job Security
In the event circumstances develop which make layoffs necessary prior to the expiration of this Agreement on January 31, 2006, the Company shall give at least sixty (60) days written notice prior to any layoff. Either the Company or the Union may, prior to such layoffs, terminate this Agreement by giving sixty (60) days written notice. During the period following the initial Company notice and the termination of the Agreement pursuant to said termination notice, the Company will discuss the matter with the Union for the purpose of determining ways and means of avoiding the layoff or lessening the effect on employees involved.
ARTICLE XXIV
Non-Discrimination
1. The Company and the Union mutually agree that practices pertaining to hiring, promotions, pay, transfers, job assignments and other economic opportunities will be performed without regard to race, religion, color, sex, age or national origin.
2. When the masculine pronoun is used in this Agreement, it shall refer to both male and female.
ARTICLE XXV
Permission To Enter Upon Company Property
1. Duly authorized representatives of the Union shall be granted permission to enter the premises of the Company during working hours, provided that they first obtain permission from the Refinery Manager or duly authorized representative of the Refinery Manager, observe the same security and safety rules and regulations of the Company as other visitors, and do not in any manner interfere with the performance of work by any employee or group of employees.
2. The Union shall notify the Company in writing of the names of the duly authorized representatives of the Union who shall be entitled to be granted permission to enter the premises of the Company under this Article, and the Company shall notify the Union in writing of the names of the person or persons who are authorized to grant the Union representatives permission to enter the premises of the Company under this Article.
ARTICLE XXVI
Validity
If any Court shall hold any part of this Agreement invalid, such holding shall not invalidate any other part of this Agreement.
ARTICLE XXVII
No Cessation of Work
During the term of this Agreement, the Union agrees that there shall be no cessation of work through strikes, stoppage or slow down of work for any cause, including sympathy strikes, and the Company agrees there shall be no lockouts.
ARTICLE XXVIII
Amendments For Federal Compliance
It is expressly understood and agreed by the parties hereto that if, at any time after the execution of this Agreement, any Federal Statute, Order, Rule, Regulation or Directive shall in any way conflict with any of the provisions of this Agreement, then and in that event the particular provisions of this Agreement in conflict with such Federal Statute, Order, Rule, Regulation or Directive, shall be automatically amended to comply therewith until such Statute, Order, Rule, Regulation or Directive shall no longer be in effect, at which time the original provisions of this Agreement shall again be effective, if this Agreement has not otherwise terminated.
ARTICLE XXIX
Notices
Any notices provided herein may be given by depositing same in the United States Mail in a sealed envelope, sent by Registered or Certified Mail and postage prepaid, and addressed to the Union at the Office of the Regional Director, 7728 N.E. Hazel Dell Avenue, Vancouver, Washington 98665, and Local No. 8-219, 607 Nineteenth Street, Bakersfield, California 93301; or to the Company at P. O. Box 1476, Bakersfield, California 93302.
ARTICLE XXX
Prior and Collateral Agreements
1. This Agreement shall constitute the entire Agreement between the Union and the Company relating to employees to whom this Agreement applies and no other stipulation or understanding shall limit or qualify its terms.
2. This Agreement shall cancel and supersede all prior agreements, written and verbal, between the Union and the Company.
ARTICLE XXXI
Plant Closure
The Company will notify the Union in writing at least six (6) months in advance of a planned complete closure of the Shell Oil Products US, Bakersfield Refinery, that will involve permanent layoff or permanent transfer of bargaining unit employees.
The Company and the Union will meet within fifteen (15) days after such written notice for the purpose of discussing the effect of such closure on bargaining unit employees and to negotiate appropriate conditions and benefits for the affected employees. In the event the parties are unable to arrive at a satisfactory agreement, either party shall have the right to serve a sixty (60) day written notice to terminate this Agreement. The Union shall have the right to strike or the Company shall have the right to lockout at the end of the sixty (60) day period, unless a mutual agreement has been reached. The letter of understanding dated March 14, 1996, will become a part of this Article.
ARTICLE XXXII
Management Rights
All the rights, powers and authority exercised or had by the Company prior to the time the Union became the bargaining agent, are specifically retained hereunder by the Company, except to the extent that they are expressly limited by specific provisions of this Agreement.
ARTICLE XXXIII
Employee Benefits
1. Employees covered by this Agreement will be eligible to participate in the company-wide benefit plans as agreed in the Alliance/OCAWIU Master Agreement dated August 21, 1998.
2. Short Term Disability (STD) Benefits shall be paid to employees represented by the Union in accordance with the following schedule:
A. On the first incident of absence in a 12-month period, there will be no waiting day assessed for purposes of administering STD pay.
B. On the second instance of absence in a 12-month period, there will be one (1) day of waiting assessed for purposes of administering STD pay.
C. On the third instance of absence and each instance of absence thereafter in a 12-month period, there will be a three (3) day waiting period assessed for purposes of administering STD pay.
D. In order to re-qualify for A. above, an employee will be required to have a twelve (12) month absence-free period (a chargeable STD absence) from the date of the last absence.
E. Payment of STD Benefits on or after the commencement of any strike, including sympathy strikes, will no longer be paid.
IN WITNESS WHEREOF, the parties hereto caused this Agreement to be executed February 1, 2002.
SHELL OIL PRODUCTS US
BAKERSFIELD REFINERY
L. J. Heasley
Bakersfield Refinery Human Resources Manager
PAPER, ALLIED-INDUSTRIAL, CHEMICAL AND ENERGY WORKERS
INTERNATIONAL UNION,
AFL-CIO
International Representative, PACE
Edward F. Huhn
Secretary-Treasurer, Local 8-219
Gene Smith
Chairman, Workmen's Committee
Bakersfield Refinery
Wage Schedule Inserted Here
LETTER OF AGREEMENT
BETWEEN
TEXACO REFINING AND MARKETING INC.
AND THE
OIL, CHEMICAL AND ATOMIC
WORKERS INTERNATIONAL UNION
AND ITS
LOCAL 1-219
March 14, 1996
Health and Safety
It is agreed as follows:
This agreement, effective February 1, 1996, by and between Texaco Refining and Marketing Inc., Bakersfield Plant, herein referred to as the "Company", and the Oil, Chemical and Atomic Workers International Union, herein referred to as the "Union", shall be effective as of February 1, 1996, and thereafter, subject to sixty (60) days prior written notice by either party of its desire to amend, modify or terminate this Agreement.
Whereas, the Company and the Union agree that it is desirable that there be a top level review of the Health and Safety programs for the purpose of reviewing the application and operation of said programs, it is hereby mutually agreed as follows:
1. That there shall be established a Health and Safety Review Committee consisting of representatives of the Company and the International Union;
2. That within sixty (60) days following the effective date of this agreement, or as soon thereafter as practicable, the parties hereto shall confer with respect to a mutually agreeable time and location for the initial meeting of said committee;
3. That said committee shall meet at mutually agreeable times and locations, and as often as may be necessary, for the purpose of engaging in a comprehensive study of the application and operation of said programs;
4. That said committee shall review the implementation of Health and Safety contract clauses to insure that the intent and purposes of such clauses are carried out; and
5. That said committee shall be provided with full, complete, and detailed information relative to said programs that will enable it to effectively and properly implement the purposes of this Agreement.
Health and Safety
March 14, 1996 page 2
TEXACO REFINING AND MARKETING INC.
__________________________________
A. S. Abay
Plant Manager
OIL, CHEMICAL AND ATOMIC WORKERS
INTERNATIONAL UNION, AFL-CIO
__________________________________
David Welty
International Representative, OCAW
__________________________________
Edward F. Huhn
Secretary-Treasurer, Local 1-219
__________________________________
Rick L. Berry
Chairman, Workmen's Committee
LETTER OF AGREEMENT
BETWEEN
TEXACO REFINING AND MARKETING INC.
AND THE
OIL, CHEMICAL AND ATOMIC
WORKERS INTERNATIONAL UNION
AND ITS LOCAL 1-219
March 14, 1996
Shift Exchanges Between Employees
The Company will permit employees to exchange shifts under the following conditions:
1. The employee(s) receives prior approval of his/her supervisor.
2. The employee(s) advises his/her supervisor(s) at least three (3) working days prior to exchange of shifts unless notice is waived by the Company.
3. The reason for request is reasonable in the judgment of the supervisor(s).
4. The resulting exchange of shifts does not create an economic or operational burden on the Company.
5. The employee(s) agrees to waive all rights to overtime premiums which would be due and owing as a result of the exchange.
This Agreement is limited to the exchange of shifts whether they result in overtime eligibility or not and will not be applied outside the periphery stated herein.
TEXACO REFINING AND MARKETING INC.
__________________________________
A. S. Abay
Plant Manager
Shift Exchanges Between Employees
March 14, 1996 page 2
OIL, CHEMICAL AND ATOMIC WORKERS
INTERNATIONAL UNION, AFL-CIO
__________________________________
David Welty
International Representative, OCAW
__________________________________
Edward F. Huhn
Secretary-Treasurer, Local 1-219
__________________________________
Rick L. Berry
Chairman, Workmen's Committee
MEMORANDUM OF UNDERSTANDING
BETWEEN
TEXACO REFINING AND MARKETING INC.
AND THE
OIL, CHEMICAL AND ATOMIC
WORKERS INTERNATIONAL UNION
AND ITS
LOCAL 1-219
March 14, 1996
Employee Benefits
This will cover the parties' understanding pertaining to certain items contained in the Union's National Oil Bargaining Policy and local issues which were agreed upon during the 1996 Negotiations.
A. GROUP MEDICAL AND DENTAL INSURANCE PLAN
1. The effective date shall be February 1, 1996, and shall terminate Midnight, January 31, 1999. The present level of benefits for all employees shall remain unchanged, unless required by Federal and State law. The medical and dental coverages will be obtained and administered by the Union. The Union agrees that upon the request of Management it will fully cooperate with the Company in the implementation of cost containment features, if practicable, during the term of this Agreement. Such cost containment features may include but shall not be limited to: pre-admission testing, second surgical opinion, ambulatory surgical centers, outpatient hospital surgery, deductibles for major medical expense, and supplemental Medicare coverage to Medicare eligible retirees and/or their dependents. Such retirees are intended to mean those employees retiring subsequent to January 8, 1986.
For the duration of this Agreement, the Company agrees to maintain the currently negotiated levelof contributions to the Texaco Comprehensive Medical Plan (TCMP), approved HMOs or authorized alternate medical plans, up to the following monthly amounts, which are the currently negotiated levels:
Medical
Class of Coverage
Employee Only $156.50
Employee Plus One Dependent $351.00
Employee Plus Two or More Dependents $420.50
If at any time during this Agreement, there is an increase in the monthly premiums for the medical plans applicable to the bargaining unit employees, the Company shall absorb all such increase to the extent of the amount set forth above. If there are additional increases in the monthly premiums for such plans, the Company will increase its contribution to those plans by the amount of that increase but not to exceed the following amounts:
Employee Benefits
Class of Coverage 1996 1997 1998
Employee Only $2.50 $5.00 $5.00
Employee Plus One Dependent $3.00 $7.50 $7.50
Employee Plus Two or More $5.00 $10.00 $10.00
Dependents
In no event, however, will the Company’s contributions to applicable plans exceed its contributions to the TCMP. To the extent that there are unused contributions in any year of this Agreement, there shall be no carry forward, except that in the third year of this Agreement, it is agreed that one-half of the contributions from the second year, if unused in the second year, can be used in the third year.
If there are any reductions to the total plan premiums during the term of this Agreement, employee contributions will be reduced before any reduction is made to the Company contributions.
Dental
Employee Only $ 6.00
Employee and Dependents $18.75
All increased costs beyond the negotiated level shall be borne by the employee, except in cases where required by Federal or State law. In no event will the Company’s contribution exceed the total premium cost of either the medical or dental plans.
B. GENERAL
The Company's obligation to make contributions or to provide coverage hereunder on behalf of any covered employee shall become effective on the first day of the month following completion of four (4) months of Company employment.
C. NATIONAL HEALTH INSURANCE
If National Health Insurance becomes a law, the Company's present and future contributions towards the present plan premiums shall be used towards the cost of the National Health Insurance and that any unused portions of the Company's contributions shall be used for other benefits as determined by the Union and Company.
If the foregoing correctly reflects the parties' understanding of this matter, please indicate your agreement by signing in the space provided below, returning one copy to the undersigned.
Very truly yours,
A. S. Abay
AGREED:
__________________________________
David Welty
International Representative, OCAW
__________________________________
Edward F. Huhn
Secretary-Treasurer, Local 1-219
__________________________________
Rick L. Berry
Chairman, Workmen's Committee
March 14, 1996
Mr. David Welty, International Representative
Oil, Chemical and Atomic Workers
International Union, Local 1-219
607 Nineteenth Street
Bakersfield, California 93301
Subject: Article XXXI
Plant Closure
Dear Mr. Welty:
It is agreed and understood that the referenced Article is applicable only to a planned complete closure of the Bakersfield Plant because of economic reasons only.
This Article shall not apply to a complete closure resulting from, but not limited to, fire, flood, earthquake, war, insurrection, Federal, State or local laws, regulations, or decisions, or any other cause beyond the reasonable control of the Company.
If this fully expresses our understanding, please signify your acceptance by signing in the space provided below.
Very truly yours,
A. S. Abay
AGREED:
__________________________________
David Welty
International Representative, OCAW
January 30, 1982 3-page letter regarding Article XXXIV, Employee Benefits, GOC Pension Plan, should be inserted here. It is only to be reproduced using the original, signed letter.