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EXHIBIT 10.5
AGREEMENT
BETWEEN
UNITED REFINING COMPANY
AND
INTERNATIONAL UNION
OF OPERATING ENGINEERS,
LOCAL NO. 95
Effective February 1, 1996
Termination February 1, 2001
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TABLE OF CONTENTS
Preamble .................................................1
Article 1: Union Recognition and Management Rights .......1
Article 2: Wages .........................................4
Article 3: Hours of Work and Overtime ....................5
Article 4: Holidays ......................................8
Article 5: Seniority .....................................9
Article 6: Time Off With Pay ............................15
Article 7: Union Committee and Union Activities .........19
Article 8: Problem Adjustment Procedure .................20
Article 9: Military Service .............................21
Article 10: No Strike ...................................21
Article 11: Equipment, Safety and Health ................22
Article 12: Department Lists ............................25
Article 13: Education Fund ..............................25
Article 14: Duration ....................................25
Appendix A: URC Hourly Wage Rates .......................27
Appendix B: Substance Test Limits .......................30
Appendix C: Benefit Change: .............................31
Appendix D: Christmas Bonus .............................31
Appendix E: Maintenance Breaker .........................31
Appendix F: Operations Proficiency Program ..............32
Appendix G: Departmental Lines of Progression ...........33
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AGREEMENT
PREAMBLE
This Agreement, entered into as of the 1st day of February, 1996, at
Warren, Pennsylvania, between UNITED REFINING COMPANY, a corporation with main
offices and plant in the City of Warren, Pennsylvania, or its successor,
hereinafter referred to as "Company," and the INTERNATIONAL UNION OF OPERATING
ENGINEERS, LOCAL NO. 95, hereinafter referred to as "Union."
WHEREAS, the majority of the production and maintenance employees of the
Company have heretofore organized themselves into said Union and said Union has
been certified by the National Labor Relations Board as the exclusive bargaining
agent for all said production and maintenance employees as to their rates of
pay, wages, hours of work and other conditions of employment:
NOW THEREFORE, the parties to this Agreement, after conference for the
purpose of continuing and improving the relations between the Company and said
employees with respect to rates of pay, wages, hours of work and other
conditions of employment, state that:
1. The Company and the Union agree that pursuant to Executive Order 11246
(30 FR 12319, September 28, 1965) and CFR, Chapter 60, they will not
discriminate against any employee or applicant because of race, color, religion,
age, physical or mental handicap, national origin or sex, except in those
instances where it can be proven that sex, or the absence of a physical or
mental handicap, is a bona fide occupational qualification necessary to the
operation of the business. The use of the masculine gender in any provisions of
this Agreement will not be deemed to indicate any distinction based on sex. Such
use of a masculine gender will be deemed to include the feminine gender wherever
it is found.
2. Guarantees against discrimination will apply to hiring and recruitment,
upgrading and promotion, apprenticeship, job training, transfer, layoff, rehire
and discharge, and
3. Both the Company and the Union will make every effort to comply with
both the letter and the spirit of both State and Federal legislation and
regulations, and further agree as follows:
ARTICLE 1
UNION RECOGNITION AND MANAGEMENT RIGHTS
101. During the term of this Agreement, the Company recognizes the Union as the
exclusive bargaining agent for the aforesaid classes of employees with respect
to rates of pay, wages, hours of work and other conditions of employment
applicable thereto. The Company will not interfere with the right of its
employees to become members of the Union and agrees that there will be no
discrimination, interference, restraint, or coercion by it or any of its agents
against any employees because of their membership or lawful activity in the
Union, except as hereinafter provided.
101.1 Union Representation:
Section 1:
Authorized representatives of the Union shall have access to the refinery and
areas defined in Paragraph 103.2 with an advance request of at least 24 hours
given to the Vice President of Human Resources provided they display proper
identification and sign in and out and do not interfere with the work of the
employees, and further provided that such representatives fully comply with the
visitor and security rules established for the refinery. The Company shall have
the right to establish other reasonable rules and procedures governing access by
Union representatives.
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Section 2:
The stewards shall, in addition to working in their regular classification, be
permitted to perform, during the workday, only such union duties as cannot be
performed at other times. The duties of the steward shall be performed as
expeditiously as possible, and the Company agrees to allow the steward a
reasonable amount of time for the performance of such duties. The Company shall
not discriminate against the steward in the proper performance of the steward's
union duties. The steward shall not leave the work area without first notifying
the appropriate supervisor and receiving his approval. Such approval will not be
unreasonably withheld.
102.1 For the first six (6) months following the date of first employment, an
employee will be considered as probationary, during which six (6) months he will
not be considered as a regular production or maintenance employee. Any decision
as to the continuance of his employment or discharge therefrom will be at the
sole discretion of the Company; provided, however, that as a condition of
continued employment, after the first thirty (30) days employment, an employee
will become a member of the Union and remain a member in good standing for the
duration of this Agreement.
102.2 For the purpose of effecting the procedure set forth in the preceding
Paragraph 102.1 of this Article, the Union agrees to accept into membership all
such new employees who are continued in the employment of the Company after
their first thirty (30) days, without limitation or qualification, and further
agrees that the total cost of such membership will not be more than the regular
initiation fee plus regular membership dues at the same monthly rate that all
other members of the Union are required to pay as a condition of being members
in good standing.
102.3 The Company will require, as a condition of hiring, all new employees to
sign an authorization card authorizing the Company to make monthly payroll
deductions covering the initiation fee and the regular monthly membership dues
during the duration of this Agreement.
The Union shall have a representative present at the initial meeting when
employees are first hired to inform them of the terms and conditions of this
Agreement.
Upon receipt of a written request from any employee, the Company will cooperate
with the Union in the collection of dues by deducting from the wages due said
employee each month the regular monthly dues specified in the request and will
continue to make such deductions monthly unless and until written instructions
to the contrary are received from said employee, it being within the discretion
of the employee to determine whether such deduction will be made from the first
or second pay each month.
All money so deducted by the company will be paid to the Secretary of the Union
not later than the Tuesday following the second pay day in each month.
103.1 Employees hired for construction work upon Company property, or other
special jobs of similar nature, are expressly excluded from the provisions of
this Agreement. Hence, prior to the starting of any construction work or other
special jobs on Company premises, the Company will meet with the Union Committee
for the purpose of determining the nature of the work contemplated and whether
or not employees specially hired for the work will be considered as temporary
and special employees or regular operating maintenance employees.
103.2 The operation and maintenance of the Crude Oil Pipeline from and including
our pump station in West Seneca, New York, south to the refinery in Warren,
Pennsylvania, will be covered by the terms of this Agreement, with the exception
of the part-time security personnel which are expressly excluded from the terms
of this Agreement.
104. The Company agrees to discuss with the Union any and all jobs which the
Company assigns to outside contractors, prior to commencement of such work. The
Company will provide the Union with at
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least 24 hours notice prior to subcontracting bargaining unit work when
circumstances permit such notice. However, it is understood and agreed that the
Company's right to contract includes, but is not limited to the following:
1. Where such work is required to be sublet to maintain a legitimate
manufacturer's warranty; or
2. Where the subcontracting of work will not result in the termination or
layoff, or the failure to recall from layoff, any eligible permanent
employee with commensurate skills; or,
3. Where the employees of the Company lack the skills or qualifications or
the Company does not possess the requisite equipment for carrying out the
work.
104.1 Company employees not covered by this Agreement will not be permitted to
perform work customarily performed by production or maintenance employees
covered by this Agreement, except in emergencies or for the purpose of
instruction.
105. Any employee transferred or promoted into a supervisory capacity and any
employee transferred to any office department or put on salary will withdraw
from membership in the Union. Any employee re-entering the bargaining unit who
has previously been in the Union will enter as per Article XV, Section 4(d) of
the International Union of Operating Engineers' Constitution, which is as
follows:
Any member entering a Local Union on a withdrawal card shall pay the
difference in initiation fee as herein before provided in the case of
clearance cards. If he shall enter said Local Union within a period of
time less than thirteen (13) months dated from the month in which the
withdrawal card was issued, he shall be required to pay all dues and
assessments accruing in such period of time in the Local Union which
issued the same, and said dues and assessments shall be paid to the Local
Union admitting the member and shall be forwarded to the Local Union which
issued the withdrawal card. At the same time he shall pay an assessment of
Ten ($10) Dollars or such amount as shall be fixed by the General
Executive Board, Fifty (50) per cent of which assessment shall be
forwarded by the Local Union to the General Secretary-Treasurer. Members
who enter said Local Union during the thirteenth (13th) month following
the month in which the withdrawal card was issued shall be considered as
having been on withdrawal for exactly one (1) year.
If the member shall enter said Local Union after more than thirteen (13)
months since the issuance of the withdrawal card, he shall pay an
assessment of Ten ($10.00) Dollars or such amount as shall be fixed by the
General Executive Board, and a similar amount for each successive year or
part thereof, Fifty (50) per cent of which assessment shall be forwarded
by the Local Union to the General Secretary-Treasurer. Provided, however,
the total payment so required shall not exceed the amount of the regular
current initiation fee in the Local Union to which the application is
made.
All members of the International Union who have been granted withdrawal
cards by their Local Unions and were then in good standing in the Death
Benefit Fund may continue their good standing therein by paying on or
before June 1 of each year, in advance and directly to the General
Secretary-Treasurer, the sum of Nine ($9.00) Dollars per annum, but they
shall not be in good standing in any other respect. Provided, however,
members initiated on or after July 1, 1973, shall not participate in the
Death Benefit Fund.
106. Management of the Company and the direction of the work force is
exclusively vested in the Company except as limited by the terms of this
Agreement.
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106.1 COMPANY RULES: The Company shall continue to have the right to publish
reasonable rules and regulations from time to time. However, such rules and
regulations shall not conflict with the express terms of this Agreement.
Furthermore, the Company agrees to give advanced notice to the Union committee
of any new rules and regulations or changes in ones in effect now. The Union
shall have the right to question the reasonableness of such rules and
regulations or the application thereof.
ARTICLE 2
WAGES
201. The Wage Scale Schedule adjusted by the following:
3.0% Increase February 1, 1996 Excludes Labor Rates
3.0% Increase February 1, 1997 Excludes Labor Rates
3.0% Increase February 1, 1998 Excludes Labor Rates
3.5% Increase February 1, 1999 Includes Labor Rates
4.0% Increase February 1, 2000 Includes Labor Rates
201.1 PAYDAY: The Company will continue its biweekly system of payment of wages
and payday shall be every other Thursday. The Company will make every reasonable
effort to have the checks available to employees by noon on payday.
201.2 MAKE-UP PAY: When any hourly employee has been shorted by $25.00 or more
gross, and the mistake is brought to the Company's attention no later than noon
Monday following payday, he shall receive a make-up check for the amount of the
mistake no later than 4:00 P.M. Tuesday following the payday.
202. The normal schedule for shift workers will be based on an average 42 hour
week, but no distinction will be made between the various days of the week. The
regular working hours will be from 6 A.M. to 2 P.M., 2 P.M. to 10 P.M. and 10
P.M. to 6 A.M.
Relief for employees working the 6 A.M. to 2 P.M., the 2 P.M. to 10 P.M. and the
10 P.M. to 6 A.M. shifts will be made on the job at 6 A.M., 2 P.M. and 10 P.M.
However, relief will be considered as being made at the proper time if made not
more than fifteen (15) minutes prior to the scheduled time. Should it be
necessary for an employee to have or make an earlier or later relief because of
some emergency condition, permission for such unusual relief should be requested
from the employee's supervisor.
202.1 In addition to the job rates listed in the Wage Scale referred to in
Section 201 of this Article 2, effective July 1, 1981, shift employees when
working the 2 P.M. to 10 P.M. shift will receive an additional fifty (50) cents
per hour, and when working the 10 P.M. to 6 A.M. shift will receive an
additional one dollar ($1.00) per hour.
202.2 Shift differentials will be applicable to Maintenance Department employees
in the following situations: (1) when Maintenance Department employees work in
excess of eight (8) hours, the applicable shift differential will apply. (2)
When any Maintenance employees work other than the normal or posted scheduled
day shift they will be paid the applicable shift differential (any day shift
will start between 6:00 A.M. and 8 00 A.M.), i.e., between the hours of 2:00
P.M. and 10:00 P.M. they will receive a shift premium of fifty (50) cents per
hour and the hours between 10:00 P.M. and 6:00 A.M. will receive a shift premium
of one dollar ($1.00) per hour. Shift differentials will be added to the hourly
base rate in computing overtime and holiday pay, as well as regular pay for
hours actually worked, but will not be considered in the computation of vacation
pay, make-up pay or sick pay under the Workmen's Compensation Make-Up Pay
Benefit Plan or the Sick Pay Benefit Plan. Shift differentials will not apply in
any case or for any purpose to hours not actually worked.
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ARTICLE 3
HOURS OF WORK AND OVERTIME
301. It is the expressed intent and aim of the Company to continue in effect the
hours of employment being worked as of the date of this Agreement, viz., an
average of forty-two (42) hours per week for Operating Departments and forty
(40) hours per week for the Maintenance Department. However, the Company hereby
expressly reserves the right in case of changed business conditions, or for any
other reason or reasons, to increase or decrease the number of hours of
employment per workweek. Before putting into effect any change in the number of
hours per workweek, nevertheless, the Company will meet with the Union Committee
for the purpose of explaining the necessity for such changed hours.
302. "Workweek" is hereby defined as the period starting at 6:00 A.M. on Monday
and extending through to 6:00 A.M. the following Monday. "Workday" is defined as
the period starting at 6:00 A.M. and extendIng to 6:00 A.M. the following day.
For all hours worked in excess of forty (40) in any one (1) workweek or for
hours worked in excess of eight (8) in any one (1) workday or when over eight
(8) consecutive hours are worked, the employee shall be paid at the rate of one
and one half (1-1/2) times the regular rate of pay for the job in which overtime
is incurred. The Company has established a five (5) day week schedule , Monday
through Friday, for the Maintenance Department with no Maintenance Department
employees regularly scheduled for Saturday work. The normal starting time for
the Maintenance Department will be 7:30 A.M. Eastern Standard Time and 7:00 A.M.
Daylight Savings Time. The Company reserves the right that should conditions
change, the Company will schedule Maintenance men as required for the work to be
done. When the need arises for the Maintenance Department to work other than
their normally scheduled hours, they will work 6:00 A.M.-2:30 P.M., 2:00 P.M.-
10:30 P.M., and 10:00 P.M.-6:30 A.M. These hours will include a 15 minute break,
a 30 minute lunch, and 20 minutes of cleanup time. The Company will make a
reasonable effort to provide as much advance notice as possible of any schedule
change and that at no time will a schedule be changed for the purpose of
avoiding overtime.
303. A callback occurs when an employee is called back for extra duty after
punching out, he will be paid for the time worked at one and one-half (1-1/2)
times his regular rate, plus any applicable shift differential, except that he
will be guaranteed four (4) hours at straight time. In the case of each
callback, the difference between hours worked and four (4) hours will be made up
at base rate. It is understood and agreed, however, that such callback pay for
extra duty work will apply only to time worked when an employee is called back
to work and is not applicable to time spent during requested or suggested
attendance at lectures, rallies, and other meetings of that nature.
303.1 No callback occurs when an employee is requested, before completing a
regularly scheduled period of work, to report back to the Company premises for
extra duty over and beyond his regularly scheduled period of work for the
particular day involved. If an employee is so requested to report back, he will
be scheduled for and will receive a minimum of two (2) hours of overtime for the
scheduled work assignment. If agreed by the respective supervisor and employee,
the employee can clock-out at the completion of an assignment if less than two
(2) hours and will be paid for the actual time worked. However, it is understood
that an employee who reports on a fire call will be deemed to be on a callback.
In the event an employee is called back and must proceed out of town for
necessary work at a terminal, station, etc., and the work required extends past
midnight, the employee has the option of completing the necessary work and
returning home or he may elect to remain at a nearby motel. If he remains, the
lodging, as attested to by receipt and cost of meals per the schedule in Section
308 of Article 3 will be paid by the Company.
303.2 When scheduled overtime is required of the oil movements Pumper II for
railroad tank car switching, the following hours of work and pay will apply:
They will be scheduled for and will receive a minimum of two (2) hours of
overtime for the scheduled work assignment. The employee will be assigned work
for the two (2) hour period.
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If agreed by the respective supervisor and employee, the employee can clock-out
at the completion of an assignment if less than two (2) hours and be paid for
the actual time worked.
303.3 An early time call for operations personnel will be treated as a callback
if the employee is not notified more than eight (8) hours before he is scheduled
to report to work.
304. On occasion certain employees are required, because of emergency situations
arising from time to time, to work longer hours per day than the established
schedule calls for. The Company, therefore, hereby declares it to be part of its
policy that employees working under these conditions will not be penalized by
being laid off in order to keep their total hours in any particular week within
a set limit and that they will be permitted to work their regularly scheduled
hours per day and per week, regardless of extra time worked over and above their
scheduled hours in any one (1) day.
305. The Company will make reasonable efforts to equalize scheduled overtime.
Overtime will be distributed equally among the employees regularly assigned to
the type of work required. When an employee refuses to work overtime, the number
of hours offered will be counted the same as overtime worked. However,
Maintenance Department employees will only be charged for scheduled overtime
hours refused if they are given notice of the need to work overtime more than
four (4) hours before the end of their last scheduled shift worked on the day
preceding the day on which the overtime is to be worked. If an employee is
inadvertently by passed he will be assigned to the next appropriate overtime
opportunity. Records of overtime hours worked will be accessible for inspection.
Excused absences will be recorded accordingly.
305.1 When overtime, other than scheduled, is required in the Maintenance
Department on a given job, the Senior man in that classification on that job
shall be asked first, then going by seniority until a man or men have
volunteered. If no one volunteers, a man or men on that job will be assigned to
the overtime by reverse seniority.
305.2 In the Operations Department, when overtime is required, the operators in
that classification will be given first choice over a maintenance sub if there
is no increased cost to the Company. The Company reserves the right to use subs
when it results in cost savings to the Company.
306. After an employee has worked two (2) hours or more at the end of and in
addition to his scheduled workday, the Company will provide and pay for such a
meal as can reasonably be obtained and at four (4) hour intervals thereafter.
In an emergency situation when an employee is called out for extra duty before
his regular work schedule and misses a regular meal thereby, the Company will
provide and pay for such a meal as can reasonably be obtained. If he has not
been able to make the customary arrangements for his mid-day meal, the Company
will provide and pay for such a meal as can reasonably be obtained.
When an employee is called out for extra duty after his regular work schedule
and misses a regular meal thereby, or after the first four (4) hours if after
regular meal times, the Company will provide and pay for such a meal as can
reasonably be obtained and at four (4) hour intervals thereafter.
Any employee entitled to meals at Company expense as provided for in the
forgoing shall be allowed time for obtaining and eating such meals as follows:
(a) If the employee is required to remain on the job, he will be paid for
the time to eat the meal to the extent of thirty (30) minutes at the
applicable premium rate.
(b) If the employee leaves the job to obtain a meal and is requested to
return to work immediately after eating the meal, he will be paid for such
time to the extent of one (1) hour at the applicable premium rate to
obtain and eat the meal. If the employee leaves the Company's
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premises to eat a meal, the employee will not be entitled to a meal ticket
until four (4) hours or more of actual time worked and then at four (4)
hour intervals thereafter.
(c) In the event that any of the meals as herein provided are not
furnished, then the employee will receive a meal ticket valued at $5.00
for each meal not so furnished. This meal ticket will be issued at the
time the employee qualifies for it. In order to pay for the above meals,
the Company will provide the employees due meals with meal tickets good at
local restaurants selected by the Company. These tickets do not
necessarily have to be used when issued and are good for up to $5.00 in
food and are not redeemable for cash in whole or part.
(d) Meal tickets to be redeemable for groceries at all Kwik-Fills,
Company-operated Keystone stations and Company-operated Red Apple marts.
No discounts to apply.
307. If an employee is called back to work on his scheduled day or days off
prior to the start of a paid vacation period or at the end of his paid vacation
period, he shall be paid at time and one-half (1-1/2) for the time worked prior
to, or at the end of, that scheduled vacation period. Vacation will count as
time worked when computing daily or weekly overtime. When an employee is called
out during an emergency while on vacation, they will be paid at the rate of one
and a half (1.5) for time worked, plus vacation pay or choice of time off for
full days only.
307.1 When an operator works any of his scheduled days off he will be paid at
least time and one half for hours worked. This time will not count as time
worked in computing weekly overtime and is not meant to change any other
articles of the Contract.
307.2 Article 3, Paragraph 307.1 of the Collective Bargaining Agreement will
apply to Maintenance Department employees who hold Operations sub jobs, under
the following circumstances: When a substitute is actually working his or her
sub job for a full shift, and as part of that schedule is required to work
scheduled days off, he will receive pay according to Articles 3, Paragraph
307.1.
308. If an employee is required to be out-of-town overnight for Company
purposes, he will be paid for any meals per the following schedule:
Breakfast .................$ 4.50
Noonday Meal ................5.50
Evening Meal ...............13.00
Overnight Snack .............4.50
However, any employee required to be out-of-town during a regularly scheduled
workday will furnish his own meal, except that in the event that he is required
to be out-of-town and does not arrive back in Warren prior to two (2) hours past
the regular quitting time, the Company will pay for his evening meal, per the
above schedule.
309. Work schedules for the Maintenance Department on weekends will not be less
than four (4) hours in length. In an effort to equalize call-backs on weekends,
a sign-up sheet will be maintained by the foremen for any employee to indicate
their availability by 4:00 p.m. Thursday. However, if the supervisor and
employee agree, the employee may leave after completing his work assignment and
be paid for the time worked. In any event, he shall be paid for a minimum of two
(2) hours, whether he works it or not.
310. An employee not notified, prior to 10:00 P.M. the night before that he need
not report for overtime work as previously instructed, shall have the option of
working two (2) hours or leaving.
311. Voluntary shift change: Operators within the same classification will be
permitted to change shifts voluntarily for an entire 8 hour shift with prior
approval of their unit supervisor. This will not count as
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a 'swing' as defined under paragraph 312, and the individuals who voluntarily
change shifts will not receive time and one-half due to this change.
312. Rest period between shifts: Employees shall have a minimum of 8 hours off
from the completion of a shift to the beginning of the next shift, unless agreed
to otherwise by the affected employee and his supervisor. If the employee
receives less than 8 hours off between shifts, those hours worked within the 8
hour rest period will be paid at least time and one-half with applicable shift
premium.
In the Maintenance Department only two (2) shift swings will be permitted in any
one Monday to Monday work week, except in the case of emergencies. In the
Operations Department only two shift swings will be permitted in any scheduled
shift, which included days off prior to and following that shift, except in
cases of emergencies.
ARTICLE 4
HOLIDAYS
401 The following named holidays will be recognized by the parties hereto:
New Years Day Thanksgiving Day
Good Friday First Day of Pa. Antlered
Last Monday in May Deer Season
Independence Day One-half (1/2) day, the
Labor Day day before Christmas
Christmas Day
401.1 In addition to the above listed holidays, an employee having six (6)
months or more Company seniority may select two (2) personal holidays of his
choosing any time during the calendar year. Such holidays are to be scheduled
and approved by the employee's foreman so as not to interfere with scheduled
vacation weeks or shifts or the orderly operation of the plant. Employees with
12 months perfect attendance and no tardiness will earn one additional personal
holiday. The 12 month period will be a rolling year where an employee who misses
a day starts a new perfect attendance year the following month. Personal
holidays earned must be taken within six months after earning.
Personal holidays must be taken in the form of time off from work with pay. If
the personal holidays to which an employee is entitled in a given calendar year
are not used prior to September 1 of that year, or scheduled in advance of
September 1 for use during September, October, November or December, they will
be assigned by the department foreman. Employees on long term disability are not
entitled to personal holidays.
If an employee is signed up for personal holidays and is prevented from
utilizing these personal holidays by December 31 of that year because of
personal illness or injury or company cancellation of such holiday, he shall be
allowed to take the days off within six (6) months of his return to work.
401.2 Maintenance employees can utilize one personal holiday by taking time off
without pay during the year and then be paid for the time when they have used
eight hours or at the end of the year. Time off must be taken in at least one
hour increments.
402. Employees not required to work on the days on which the above holidays are
observed will receive eight (8) hours holiday pay at their base hourly rate
(which shall exclude any shift differential) or four (4) hours in the case of
the day before Christmas, provided, however, that to receive such holiday pay an
employee, except in case of his sickness, vacation, personal holiday or death in
his immediate family, will work his regularly scheduled hours on both the
scheduled day before and the scheduled day after such holiday in accordance with
the regular work schedule, and, in the case of the day before
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Christmas, the four (4) scheduled hours that day must be worked in addition to
the scheduled days immediately before and after the holiday.
402.1 If an employee is on workers' compensation he will be made whole for any
holiday excluding December 24th. The Company will pay the difference between his
compensation pay and what his holiday pay would have been at eight hours at his
regular rate.
403. Employees required to work on any of the above holidays, excluding personal
holidays, will, in addition to holiday pay of eight (8) hours, or the four (4)
hours for the day before Christmas, at their base hourly rate, receive pay at
the rate of one and one-half (1 1/2) times their regular hourly rate, for the
work performed. For shift employees time and one-half (1 1/2) for the one-half
(1/2) day holiday will be paid for the first four (4) hours of the regularly
scheduled shift, and for Maintenance Department employees, the last four (4)
hours of the regularly scheduled shift. However, if a holiday falls after the
employee has already worked forty (40) hours, he will, in addition to the above,
receive one-half (1/2) the number of hours worked at one and one-half (1 1/2)
times his regular hourly rate.
403.1 If you are scheduled to be off and are called out on a holiday, you shall
receive double time plus premium pay.
404. For Maintenance Employees, the holidays which fall on a Saturday
shall be observed and paid on the previous Friday and holidays which fall on
Sunday shall be observed and paid on the following Monday. All Operations
Employees will receive Holiday and premium pay only for the Calendar Holiday for
the purpose of computing weekly end daily overtime.
405. When a holiday falls on a day on which an employee would work his regularly
scheduled hours, but for the fact that it is a holiday, the employee will
receive credit as time worked for the purpose of computing weekly overtime, for
the number of hours he would be regularly scheduled to work on that day.
406. If any of the aforementioned holidays fall within an employee's approved
vacation period, that period being no less than one scheduled work week, he has
the options of: (1) receiving his holiday pay for (8) eight hours, plus his
vacation pay, or (2) may request to take his holiday off immediately prior to or
following his vacation.
406.1 If any of the aforementioned holidays fall within an operating employee's
approved vacation days, and the days off prior to and following the approved
vacation days, being no less than one scheduled shift, the employee has the
option of: (1) receiving holiday pay for eight hours, plus any other pay to
which the employee is entitled on that day, or (2) requesting an additional day
off for the holiday immediately prior to or following the scheduled days off in
that period.
407. Holidays will be considered as running from 6:00 A.M. on the morning of the
holiday to 6:00 A.M. the following morning, except with respect to the day
before Christmas which shall be treated as provided in Section 402 and 403 of
this Article.
ARTICLE 5
SENIORITY
501 "Seniority," as the term is used in this Agreement, is composed of four (4)
types: (a) Company, (b) Plant, (c) Departmental and (d) job.
501.1 "Company Seniority" is the length of time an employee is in the continuous
employment of the Company.
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501.2 "Plant Seniority" is the length of time an employee has worked in the unit
bargained for by the Union, and will be coextensive with seniority in the
"Laborer" classification in the Maintenance Department. Plant seniority is used
in determining vacation rights for Maintenance Department employees only.
501.3 "Departmental Seniority" is the length of time an employee has worked in
any particular department of the Company.
501.4 "Job Seniority" is the length of time an employee has worked in any
particular job in a particular department of the Company. Job Seniority is used
in determining vacation rights for Operations Department employees only.
502. Any employee entering the bargaining unit from another department of the
Company will maintain his accrued company seniority; but for the purpose of job
bidding and layoffs, plant seniority will govern.
503. Layoffs by reason of reduction in force or for any reason beyond the
control of the employee and followed by re-employment per the below schedule,
will not be considered as an interruption of continuous employment for the
purpose of computing plant and company seniority and also applies to the length
of time following layoff for which an employee shall have recall rights and
bridging of seniority.
More than 6 month/less than 1 year .......3 months
1 through 3 years service ................6 months
4 through 5 years service ................9 months
6 through 8 years service ................2 years
9 through 11 years service ...............3 years
over 11 years service ....................4 years
The Company agrees to provide the Union and affected employees at least a two
(2) weeks notice in advance of a layoff.
503.1 Job seniority, as defined above, will start to accrue only after the
employee has received the pay rate for thirty (30) days in a particular job,
provided, however, that in situations where an employee, having been awarded a
different job classification, is prevented from assuming that job because of
having to break in a replacement, or for any other Company reason, his seniority
in his new job classification will start to accrue from the date he would have
assumed the new job had he not been retained to break in a replacement or for
any other Company reason. Upon receiving the rate for thirty (30) days, the
employee will be credited with thirty (30) days seniority, plus any additional
seniority due him. For seniority pertaining to substitute jobs, see Section 520.
503.2 If an employee who is on layoff fails to report his intentions to the
Personnel Office within three (3) working days of notice of recall, and fails to
return to work within five (5) working days of such notice, he shall be deemed
to have quit and will lose all seniority rights. Notice of recall shall be by
registered mail with return receipt, addressed to employee as it appears on the
Company records. Employees will be responsible for keeping the Company advised
as to their current address. The Company will advise the Union Committee prior
to notice or notices of recall.
504. In filling vacancies seniority will govern when ability as determined by
the Company is substantially equal, it being the expressed policy of the Company
in such situations to, whenever possible, give preference on the basis of
seniority rights. The term "ability" as used throughout this Agreement will mean
not only the ability to fill the job presently open but the potential ability to
become proficient at that job through exposure to it within a reasonable period
of time.
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504.1 Promotions and demotions in all departments will be based on departmental
seniority when ability as determined by the Company is substantially equal among
the eligible employees.
504.2 It is recognized there are lines of progression in each sub-division of
the Maintenance Department with entry level positions, and employees bidding
into higher classifications within a given line of progression must be in the
line of progression for that vacancy. Past job seniority will be recognized in
awarding jobs, after an employee has re-entered the sub-division at the entry
level position. Past job seniority will not be recognized when awarding entry
level jobs in sub-divisions of the Maintenance Department.
504.3 It is recognized there are lines of progression in each sub-division of
the Operations Department with entry level positions, and employees bidding into
higher classifications within a given line of progression must be in the line of
progression for that vacancy. Past job seniority will be recognized in awarding
jobs, after an employee has re-entered the sub-division at the entry level
position. Past job seniority will not be recognized when awarding entry level
jobs in sub-divisions of the Operations Department.
504.4 Sub-divisions in the Maintenance and Operations Departments shall be as
shown in Appendix G and does not change any articles pertaining to bidding
procedures.
505. All hourly paid job vacancies will be filled according to the following
procedure:
The Company will post all job vacancies in the Daily Instruction Sheet, stating
the job classification, and the rate of pay, as well as other jobs, if any,
involved and at the same time notify an officer of the Union so that the same
may be posted on the Union Bulletin Board. (Such postings in the Daily
Instruction Sheet shall be for a seventy-two (72) hour period.) Any regular
production or maintenance employee desiring the job will make application for
the same to a foreman. All bids for the jobs will be in writing, in duplicate,
signed by the employee bidding for the job, or by his proxy, and initialed by
the foreman to whom the application was made and will be dated by such foreman
as to the exact hour the bid is received. The duplicate copy will thereafter be
delivered to the Secretary of the Union. From the applications received, the
vacancy will be filled by the employee having a record of greatest departmental
seniority in the department in which the vacancy exists in all cases when
ability is substantially equal.
505.1 Job vacancies in classifications which have a set minimum level, and where
the current complement is below that minimum level, will be posted within sixty
(60) hours of the vacancy occurring. The names of successful bidders will be
posted no later than one hundred-twenty (120) hours after the closing of the job
posting.
505.2 In the event the vacancy is not filled on the basis of departmental
seniority, the vacancy will be filled on the basis of plant seniority when the
ability of the applicants is substantially equal.
505.3 When there are no applicants for the job, the Company, in order to fill
the job may in its discretion, utilize any of the following methods: It may
select any qualified employee from the "Operation Pool" which will be deemed to
consist of all employees holding the classification of Laborer, Mechanic Helper,
Mechanic Helper Grade II or Utility Repairman and assign him to the job or a
next lower classified operator from the unit which has the vacancy, or hire a
new employee, or recall an employee from layoff, if anyone is on layoff, by
normal recall procedures or if there is no one in the Operation Pool, select the
least senior qualified employee in the Maintenance Department.
If there is no one left in the Operations Pool, and the Company must use this
section in filling jobs because there are no applicants, the following procedure
will be used:
1) Appoint the least senior maintenance Department employee not already
holding a sub job.
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2) When a permanent vacancy opens in the bottom classification in the
Operations Department and there are no bids, the Company would appoint the
person with the most senior sub classification to that job. If there are
no subs available except those appointed in one (1) above, the Company
would appoint the least senior Maintenance Department employee regardless
of any sub job he or she might already hold.
505.4 Openings in the Operations Department may be bid on by all employees, with
first preference being given Operation Department employees.
506. Promotions and transfers in the Maintenance and Operations Departments
shall be considered as temporary for the period of sixty (60) days and thirty
(30) days respectively from the date of such promotion or other transfer,
provided that when an employee is placed or transferred from one job
classification to another and to a job with a higher wage rate, he will continue
at his former rate of pay for a period of sixty (60) days, or until such time as
he assumes the work and responsibility of the job to which he is transferred,
whichever occurs sooner, but in no case before the start of the second day's
work in the new job classification. It is not the intent of this Section 506. to
in any way change the procedure for bidding jobs as set forth in Section 505. of
this Article. Promotions and transfers in the Maintenance and Operations
Departments shall be considered as temporary for the period of sixty (60) days
and thirty (30) days respectively from the date of such promotion or other
transfer, provided that when an employee is placed or transferred from one job
classification to another and to a job with a higher wage rate, he will continue
at his former rate of pay for a period of thirty (30) days, or until such time
as he assumes the work and responsibility of the job to which he is transferred,
whichever occurs sooner, but in no case before the start of the second day's
work in the new job classification. It is not the intent of this Section 506.1
to in any way change the procedure for bidding in jobs as set forth in Section
505. of this Article 5.
506.1 The term "temporary" as used in this Article refers to the Company's
prerogative of observing and evaluating an employee's performance in a new
position for the purpose of determining whether an employee is satisfactorily
performing in a new job. The Company will have the right to make such a
determination, but any such determination will be subject to the grievance
procedure.
507. In the event of any promotion or transfer and a return to the former job
classification by an employee in any situation, every other employee advanced or
transferred by reason of such initial transfer and return will be returned to
his former job classification. The employee who turns down a job and returns to
their previous classification is prohibited from bidding for a period of six
months.
507.1 Any Operations employee who successfully bids a job will assume the job
within a maximum of six (6) months.
Any Maintenance employee who successfully bids a job will assume the job within
a maximum of three (3) months.
508. Any employee may decline a promotion without loss of any seniority rights
or promotional privileges; however, an employee who has advanced in a definite
line of progression beyond or ahead of an employee who has refused a promotion
or beyond or ahead of an employee who has failed on a promotion will, for the
purpose of promotions or demotions, continue to remain ahead of such other
employee. An employee demoted because of incompetence will not carry back to the
lower classification any job seniority acquired in the higher classification.
508.1 When an operator is appointed to the next higher sub classification and,
upon that appointment, immediately expresses dissatisfaction to the Company, he
will be returned to his previous classification when another employee qualifies
for his sub classification through the Proficiency Program. The employee who
replaces the appointed operator will remain senior to that individual for the
purposes of bidding rights.
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There will be four proficiency positions for each classification per unit,
including 3A, 3B, 2A, 2B, and there can be eight No.2 proficiency positions at
the FCC or as spelled out per unit.
Sub time will be divided equally as much as possible to provide both the sub and
the employee with the proficiency rate the opportunity to perform the duties of
the higher classification.
If two operators with the same job seniority express interest in the proficiency
test and there is only one vacancy open, both individuals will be afforded the
opportunity to take the test. If both pass the test, the rate will be awarded
based on the flip of a coin.
509. In case of a job abolishment, the employee thus affected will return to
such former job as his departmental seniority will allow; otherwise he will
return to the Maintenance Department in the classification which he most
recently held in that department, but in no case lower than the classification
of Utility Repairman.
509.1 If any job is abolished and then reopened, the employee who last held the
job prior to it being abolished shall have first opportunity to return to his
former job before it can be put up for bid.
510. In the event it becomes necessary to reduce the number of employees subject
to this Agreement, employees will be laid off on the basis of their plant
seniority; the last man hired will be the first laid off irrespective of
departmental seniority. Employees so laid off will be recalled for work in the
reverse order of their layoff; the last man laid off will be the first man
recalled.
510.1 The Company agrees to super seniority as follows: The Chief Steward,
Assistant Chief Steward, Secretary Steward, and Treasury Steward of the Union
shall have top seniority during their term of office. Such top seniority will
apply in layoff and recall, as set forth in Paragraph 510.
Employees who may be elected or appointed to office in the Union, which requires
him to be absent from duly with the Company, shall be granted a leave of absence
up to five (5) years to work for the Union.
511. When a new department is created or a new job classification established
with two (2) or more employees being put into that department or classification
at the same time, the departmental seniority of such employees will begin as of
the same date but for the purpose of subsequent promotions, demotions and
layoffs, plant seniority will be recognized when ability, as herein defined, is
substantially equal. Plant seniority will control for vacation period
preference.
512. Effective 2/1/90, new employees not presently members of the Union will
have a 20 year commitment to Operations after they have obtained an operator's
classification other than entry level sub.
512.1 The following defines and sets forth the procedure and situation under
which shift employees may enter the Maintenance Department. One (1) shift
employee may transfer to the Maintenance Department as a Utility Repairman every
four (4) months per calendar year, provided he has not less than eleven (11)
years service on shift jobs and notifies the Company and the Union at least four
(4) months prior to January 1, May 1, or September 1, of any year, with the
transfer to be effective on the January 1, May 1, or September 1, following the
notice. If more than one (1) shift employee desires to make the transfer on the
same date, the transfer will be granted to the person having the greatest
departmental seniority. Once a shift employee has given his notice to transfer,
he must complete the transfer. Any vacancies created by transfer of shift
employees will be filled by regular bidding procedures; however, if no bids are
received the vacancy will be filled as in like case under Section 505.4.
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512.2 Operators coming out into the Maintenance Department after (11) eleven
years are exempt from being appointed back into the Operation Department.
512.3 Operations Department employees who have returned to the Maintenance
Department after eleven (11) years per Article 512.1 will, after one (1) year in
the Maintenance Department, be given credit for 50% of their Operation
Department seniority as maintenance seniority for bidding purposes.
512.4 Effective July 1, 1987, Maintenance employees bidding into the Operations
Department, after one year in the Operations Department, will be given credit
for 50% of their Maintenance Department seniority as Operations seniority for
bidding purposes.
513. A shift employee who voluntarily requests a transfer to the Maintenance
Department due to a physical or mental condition certified to by a Company
physician and verified by a second physician, as being such as to make him
unable to perform his job, will be transferred to the Maintenance Department
with a classification as follows:
1 through 3 years shift work................Laborer
4 through 7 years shift work................Mechanic Helper
8 or more years shift work..................Utility Repairman
514. Minimum employee complement levels in certain Maintenance Department job
classifications shall be as specified in Appendix A, Wage Rates. Within each
Maintenance Department sub-division, if the Company maintains a higher level
than the minimum in the upper classification, then the number of employees in
the lower classification can be reduced by an equal number, as long as the total
number of employees is equal to or exceeds the total for the minimum for all
classifications within the sub-division. This is subject to reductions in
accordance with Paragraph 510.
514.1 It is understood that no minimum or maximum figures will be placed on
classifications of Utility Repairman, Mechanic Helper, Mechanic Helper Grade 2,
or Laborer.
515. The Union Committee will at all times have the right to discuss with a
representative or representatives of the Company, who will meet with it for that
purpose, questions of fitness and ability, claims of favoritism or other matters
pertaining to seniority where matters of promotion, demotion, transfer,
discharge, or layoff are concerned.
515.1 In all questions effecting seniority rights the records of the Company
will be made available and in case of a dispute such records will be conclusive.
516 The Company agrees that in the event of a controversy involving the ability
of a person bidding in a job that person will be given forty-five (45) days in
which to qualify.
517 In the event that any employee is transferred or promoted to a supervisory
capacity or transferred to an office department or put on salary such employee
will continue to accrue departmental seniority for up to maximum of six months
after the date of transfer or promotion, but will not accrue such seniority
beyond that six months until such time as he may re-enter the bargaining unit.
Such an employee will retain all departmental seniority accrued prior to the
date of such transfer or promotion plus additional seniority accrued thereafter
up to the maximum of six (6) months of such additional seniority as aforesaid as
long as he is employed by the Company.
518 The provisions of this Article 5 relative to filling vacancies and
determining layoffs will NOT apply to the jobs of terminal attendant and helper
at the Williamsport Terminal.
519. All employees will accrue the applicable seniority when absent from work
because of leaves-of-absence, compensation, sickness or military service.
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520. There will be a substitute for each job classification within an operating
department.
520.1 With the exception of any department that has only one (1) job
classification, the substitute for the top operating job in a department will be
bid on and awarded to an employee in the next lower job classification within
that department and in like manner, substitutes will be acquired for the other
job classifications with the exception of the bottom job in each department.
The substitute will accrue seniority on the substitute job as of the date
awarded and will be first to move up to the classification in which he is
substituting when a vacancy occurs.
520.2 Substitute jobs in the bottom classification of each Operating Department
or in departments with only one (1) job classification are open only to
employees in the Maintenance Department with the classification of Laborer,
Mechanic Helper, Mechanic Helper Grade 2, or Utility Repairman. Sub jobs are
open to an Maintenance Department personnel when no one is left in the
Operations pool. When not working at the substitute job, the employee will work
in the Maintenance Department at the classification he held at the time of
bidding in the substitute job or a subsequent classification up to and including
that of Utility Repairman which he might be awarded while in the Maintenance
Department and also holding The substitute job classification.
An employee working in a substitute job in the bottom classification or in a
department with only one (1) job classification will gain departmental seniority
on this job over a Laborer, Mechanic Helper, Mechanic Helper Grade 2, or Utility
Repairman, but he will not gain seniority over maintenance personnel with higher
or dual classifications, and operating employees.
520.3 Substitutes for the bottom classification or where there is only one
classification who have not worked in the unit for six months will receive one
week of training at their Maintenance rate.
ARTICLE 6
TIME OFF WITH PAY
601 The Company will grant vacations with pay during the continuance of this
Agreement in accordance with the following schedule:
601.1 Each employee who reports to work on or before the first working day of
April of any year, after completing six (6) months service, will be entitled to
a vacation consisting of one (1) week and one (1) day absence from his work and
will receive as pay therefore the amount he would have earned according to his
normally scheduled workweek computed on a straight base rate basis. A shift
employee will begin such a vacation period upon his completing any regularly
scheduled tour of work
601.2 After the first anniversary of continuous employment with the Company
occurs, and beginning with each calendar year thereafter, each employee will be
entitled to a vacation of two (2) weeks and one (1) day computed on his base
hourly rate.
601.3 Beginning with the calendar year in which the fifth (5th) anniversary of
continuous employment with the Company occurs, Maintenance Department employees
will be entitled to a vacation of one hundred twenty-eight (128) hours computed
on his base hourly rate. Operations Department employees will be entitled to a
vacation consisting of three (3) scheduled shifts computed on his base hourly
rate.
601.4 Beginning with the calendar year in which the tenth (10th) anniversary of
continuous employment with the Company occurs, Maintenance Department employees
will be entitled to a vacation of one hundred sixty-eight (168) hours computed
on his base hourly rate. Operations
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Department employees will be entitled to a vacation consisting of four (4)
scheduled shifts computed on his base hourly rate.
601.5 Beginning with the calendar year in which the twentieth (20th) anniversary
of continuous employment with the Company occurs, Maintenance Department
employees will be entitled to a vacation of two hundred eight (208) hours
computed on his base hourly rate. Operations Department employees will be
entitled to a vacation consisting of five (5) scheduled shifts computed on his
base hourly rate.
601.6 Beginning with the calendar year in which the thirtieth (30) anniversary
of continuous employment with the Company occurs, Maintenance Department
employees will be entitled to a vacation of two hundred forty (240) hours
computed on his base hourly rate. Operations Department employees will be
entitled to a vacation consisting of six (6) scheduled shifts computed on his
hourly rate.
601.7 Maintenance Department employees having vacation eligibility in excess of
two (2) weeks will be granted time off based on a forty (40) hour week [i.e. one
hundred twenty-eight (128) hours becomes three weeks and one (1) day, one
hundred sixty-eight (168) hours becomes four (4) weeks and one (1) day and two
hundred eight (208) hours becomes five (5) weeks and one (1) day.]
601.8 Maintenance Department employees with three (3) or more weeks of vacation
time due them may take one (1) week multiples of one (1) day. However, that all
of these days continue to be considered vacation days, and as such, must be
scheduled.
601.9 Operations Department employees with three (3) or more shifts of vacation
time due them may take one (1) shift in multiples of one day providing they give
one weeks notice and it shall not interfere with scheduled vacations or
scheduled personal holidays.
601.10 Employees who are subs in the Operations Department will receive their
vacation entitlement and holiday pay on a pro-rata basis. Each January, the time
worked in each department the previous year will be determined and recorded. The
pay rate for vacation and personal holidays will be determined according to the
following formula: Fraction straight time worked in Maintenance multiplied by
maintenance rate, plus fraction straight time in Operations multiplied by
Operations rate. The vacation entitlement will be rounded to the nearest whole
day.
602. Vacations for the Operations Department employees may be taken at any time
during the calendar year. In the assignment of vacation time, the Company will,
as far as feasible and in line with efficient operating schedules, comply with
the expressed preference of employees on the basis of their seniority, provided,
however, that no preference on the basis of seniority will be given unless such
preference is expressed to the respective foreman on or before the first day of
February. All vacations signed up for by February 1 will be approved or
disapproved by March 1. In case an employee fails to indicate before June 1 of
any year his vacation preference, his vacation period will be at the convenience
of the Company and assigned to him by his foreman.
Vacations for the Maintenance Department employees may be taken at any time
during the calendar year. In the assignment of vacation time, the Company will,
as far as feasible and in line with efficient operating schedules, comply with
the expressed preference of employees on the basis of their seniority, provided,
however, that no preference on the basis of seniority will be given unless such
preference is expressed to the respective foreman on or before the first day of
February for the vacation period of February 1 to June 30 and by March 1 for the
period of July 1 to December 31. All vacations signed up by February 1 for the
vacation period of February 1 to June 30 will be approved or disapproved by
March 1. All vacations signed up by March 1 for the vacation period of July 1 to
December 31 will be approved or disapproved by April 1. In case an employee
fails to indicate before June 1 for any year his
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vacation preference, his vacation period will be at the convenience of the
Company and assigned to him by his foreman.
A weeks vacation requested by a Maintenance employee of less seniority, or equal
seniority, will outweigh that of a single vacation day requested by a more
senior employee, while a more senior employee requesting two or more vacation
days will be granted his or her vacation preference over a less senior employee
requesting a weeks vacation. In the case in which both employees have the same
seniority, the greater amount of vacation time requested during the week will
overrule the lesser amount of vacation requested.
Vacations within the above period will be allotted so far as possible at the
time desired by the employee but the final decision will, in order to insure the
orderly operation of the plant, be within the absolute discretion and judgment
of the Company.
602.1 Hourly day employees scheduled to start their vacation on Monday will not
normally be required to work the preceding Saturday or Sunday.
603. It will be compulsory for employees to take vacations annually as herein
provided, with the exception of Paragraph 604 and 605.
604. An employee with two (2) or more weeks vacation, who upon request from the
Company cancels a vacation after it has previously been approved per the
Contract, may reschedule said vacation later that year or carry over that period
of vacation to the next year or may reschedule said vacation and will bear no
consequence on prior scheduling and shall be granted, when desired, if it does
not interfere with the orderly operation of the plant.
605. Those employees who wish to be reimbursed in lieu of taking vacation and
with the Company's prior approval, will be compensated per the following
schedule:
Vacation Entitlement Sell Back Limit
2 Weeks/1 Day ....................1 Week
128 Hours/3 Shifts ...............40 Hours/1 Shift
168 Hours/4 Shifts ...............50 Hours/2 Shifts
208 Hours/3 Shifts ...............80 Hours/2 Shifts
240 Hours/6 Shifts ...............120 Hours/3 Shifts
605.1 In the case of employees entitled to a vacation of more than one (1) week,
such additional weeks of vacation may be taken consecutively or separately
provided the same does not interfere with the orderly and efficient operation of
the plant.
605.2 In determining vacation preference rights in the Operations Department,
the following will apply: Combination Unit, FCC Unit, Boiler House, and Pump
House, the top classification on each shift shall have preference of his first
two shifts of vacation. He then has first choice of the remainder of his
vacation entitlement after others on his shift have declared their choice of one
shift of vacation in order of their classification ranking. In departments with
only one (1) classification, seniority, except as provided in Section 511, will
apply in the following order: (1) job seniority, (2) departmental seniority, (3)
plant seniority, and (4) company seniority.
In determining vacation preference rights in the Maintenance Department,
seniority will apply in the following order: (1) plant seniority, (2) job
seniority, (3) departmental seniority, and (4) company seniority.
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605.3 Vacation rights for any calendar year become vested in any regular,
active, full-time employee with three (3) or more years of continuous active
service as of the preceding May 31st, in accordance with the Company's letter to
all employees dated December 23, 1966. However, after January 1, 1960, vacation
rights for any calendar year become vested in any regular active full-time
employee with three (3) or more years of continuous active service as of the
preceding January 1st.
606. In determining vacation rights due employees upon retirement or death
before retirement, January 1st is the starting date, and for each month
thereafter up to his retirement or death, an employee will accrue 1/12th of his
next year's vacation.
607. All rights to vacation or pay therefore will end with the termination of
employment by resignation, or discharge for cause, of the employee, except those
rights which have become vested in accordance with Section 605.3 of this Article
6.
608. After an initial absence from work of thirty (30) consecutive scheduled
work days for any reason other than an injury compensable by Workmen's
Compensation during the twelve (12) month period starting with January 1 of any
year and extending through December 31 of that year, an employee's vacation time
for the next ensuing year will be reduced by 1/12th, calculated to the nearest
full day, for each thirty (30) scheduled work days of absence after the initial
absence period of thirty (30) scheduled work days. This section will not apply
to employees having twenty (20) or more years of service.
609. The Company has the right to use substitutes in all situations.
610.1 In the event of the death of a spouse or child of any employee who has
been in the employment of the Company for at least thirty (30) days, such
employee will, upon request to his foreman, be granted the necessary time off
but not to exceed five (5) consecutive work days. In the case of death in the
immediate family of an employee, other than spouse, child or stepchild, such
employee will upon request to his foreman, be granted the necessary time off but
not to exceed three (3) consecutive calendar days. However, in the case where
the funeral is not held within the above periods, the employee may be granted
one extra day, if needed, to attend the funeral. For the purpose of the
foregoing, it is understood that the immediate family will consist of legal
mother or step mother, legal father or step father, or legal guardian, brother,
sister, mother-in-law, father-in-law, step-brother, and step-sister.
In the case of the death of an employee's grandmother, grandfather or
grandchildren, such employee, upon request to his foreman, will be granted one
(1) day off to attend the funeral. The employee will receive for each such day
his base rate of pay times eight (8).
610.2 If an employee's vacation is interrupted by such death and he notifies the
Company promptly, the number of bereavement days to which he normally would have
been entitled shall be added to his vacation period.
610.3 When an employee is requested to act as pallbearer at the funeral of a
fellow employee, he will, on request to his foreman, be granted such time off as
is necessary to serve in such capacity. For each hour or fraction thereof
rounded off to the nearest 1/2 hour used by an employee, he will be paid his
base rate.
611 An employee who is called for jury service or jury selection, either local
or federal, will be excused from work for the days on which he serves as
juryman. Employees who report for jury service or jury selection and are
dismissed from jury service or jury selection are expected to report to work for
the remainder of their shift, if they are dismissed with two hours or more of
their scheduled shift left to work. If there are two hours or less left of their
scheduled shift, the employee need not report to work. Should they not return to
work, they will be paid only for the time spent at jury service or jury
selection.
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Any employee who was called for jury service or jury selection and was excused
from work for jury service or jury selection must provide the Company proof of
time spent at jury service or jury selection before he will be reimbursed.
An employee who gives the Company advance notice of jury service or jury
selection and is on third shift will have his shift adjusted so that he may get
eight hours of steep before meeting his civil duty.
611.1 Jury service or jury selection and funeral days to count as time worked
for the purpose of computing daily and weekly overtime.
ARTICLE 7
UNION COMMITTEE AND UNION ACTIVITIES
701.1 The Union Committee will consist of seven (7) stewards and (2) alternates:
- 1 from the FCC
- 1 from the Combination Unit
- 1 from the Boiler House, Loading Rack, Laboratory, and Pump House
areas
- 1 from the Operations Department at large (Alternate)
- 4 from the Maintenance Department
- 1 from the Body at large (Alternate)
All seven (7) stewards shall be recognized by the Company. A maximum of seven
(7) stewards, however, will attend any joint meetings, unless otherwise agreed
to by both parties. Alternates will be recognized upon advance request when
filling in for another steward on vacation, off sick, or excused from work.
The thirty (30) hours in 701.3 will be considered as a bank of 210 hours and the
Union Committee of nine (9) stewards will draw upon this bank as needed, until
all hours are used up. The intent of this is not to guarantee each steward 30
hours but to have those hours distributed among all the stewards and charged
against the 210 hour bank.
701.2 Special meetings may be scheduled at any time by mutual agreement between
the Company and the Union.
701.3 The Company will pay employees attending a joint meeting of the Union
Committee and the Company Committee at their regular rate for 30 hours of total
meeting time per year, after which the Company will pay employees at their
regular rate for the hours which they are scheduled to work but did not work
because of attending the meeting.
701.4 The names of the members of the Union Committee, together with the name of
the Chairperson thereof and any change in the personnel thereof will be
certified to the Company from time to time by the proper officers of the Union
under the seal thereof.
701.5 Members of the Committee attending necessary and duly called meetings with
Company representatives during their regular hours of work will be afforded such
time off as may be reasonably required for such purpose without prejudice and
without loss of time, provided advance notice is given to their department
foreman.
702. The Company will provide and maintain a bulletin board at the time clocks
of the Company which will be used by the Union exclusively for posting Union
notices concerning or having reference to Union meetings, dues, social and
recreational events, Union elections, appointments and job vacancies.
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ARTICLE 8
PROBLEM ADJUSTMENT PROCEDURE
801. Should any difference arise between the Company and the Union as to the
meaning, application or claimed violation of any of the provisions of this
Agreement, or should any one (1) or more employees of the classes covered by
this Agreement have any complaint that any of its terms and conditions as to him
or them are being violated, there will be no suspension of work on account of
such differences or complaints, but an earnest effort will be made to settle
them promptly by the following steps:
Step 1. Any employee, or group of employees, or the Union Committee having
a grievance shall reduce it to writing and discuss the grievance with his
Department Foreman, with his Steward being present (if requested), within
ten (10) days, exclusive of Saturday or Sunday, after the cause giving
rise to the grievance occurs. The presentation of Step 1 grievances shall
occur during the regular workday as the time permits, based on the
availability of the involved supervisor, the grievant and the union
representative. The Union representative will seek and obtain permission
from the involved supervisor and from the Union representative's
supervisor for the time on the clock in which to meet with the grievant
and the involved supervisor for the presentation of a Step 1 grievance and
such requests will not be unreasonably denied by the supervisors.
Step 2. In the event no settlement is reached in Step "1", a joint meeting
of Union and Management Committees shall be held thereafter within ten
(10) days (exclusive of Saturday and Sunday) or such extended time as may
be mutually agreed upon. A Business Representative of the Union may be
present and participate in this meeting if requested to do so. The Company
will respond to the Union in writing with their answer to step 2 within
five (5) working days from the meeting.
Step 3. In the event no settlement is reached by the procedure outlined in
Steps "1" and "2", the Union may upon written notice to the employer,
appeal the grievance to arbitration within ten (10) days (exclusive of
Saturday and Sunday) after the Company's step 2 response. The arbitrator
shall be selected from a list of nine (9) submitted to the parties from
the Federal Mediation and Conciliation Service. This selection process
will consist of each party alternately striking names from a nine (9)
member panel. The name left after eight (8) strikes shall be the
arbitrator used for the case which the panel was requested for. If the
parties are unable to agree upon the selection, an Arbitrator will be
appointed by the Federal Mediation and Conciliation Service. The
Arbitrator so selected will conduct his hearings and proceedings in
accordance with the rules of the Federal Mediation and Conciliation
Service and will render his decision in writing on or before such time as
may be determined by the Arbitrator.
802.1 In cases of discipline, the Company will issue such discipline within 5
scheduled work days of the occurrence in maintenance or 1 scheduled shift in
operations unless the Company and Union agree to an extension of the time limit.
802.2 The Arbitrator will have no power to add to, subtract from, alter or
modify in any way any of the provisions of this Agreement, directly or by
drawing inferences from relationships. The decision of the Arbitrator on a
matter properly before him within the limits of his jurisdiction will be final
and binding on the parties. The expenses and fees of the Arbitrator will be
borne equally by the Company and the Union. All other expenses, including
witnesses, stenographic record, etc., will be paid for by the party ordering
them.
803. No difference or complaint will be deemed valid to be processed under the
forgoing provisions of the grievance procedure or submitted to arbitration
hereunder unless the same will have been initiated within ten (10) normally
scheduled work days exclusive of Saturday and Sunday after the occurrence of the
circumstances out of which it arose. Should the Union dispute the Company's
action
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as not being for just cause, the dispute may be processed starting at step 2 of
the grievance procedure. Disciplinary letters will no longer be considered in
the disciplinary cases after two (2) years from their date, except for verbal
warnings which will no longer be considered after eighteen (18) months.
Suspensions will no longer be considered after five (5) years.
804. Any time limit herein above set forth for the initiation or processing of a
grievance or for submission to arbitration will be strictly complied with and if
at any stage a time limit is not complied with, the difference or complaint
(grievance) will be deemed settled and of no further validity, provided
nevertheless that the parties may extend the time limit in any particular
instance by agreement in writing.
805. It is understood and agreed that either party will have the right, at any
step of the grievance procedure or arbitration, to request the presence of a
representative of the national organization of the Union, and such
representative will have the right to participate in any step or in arbitration,
but the failure of the national organization of the Union to provide a
representative at any time, even though requested to do so, will not prevent or
delay processing as above provided or in any way affect any of the time limits
provided.
806. It is understood and agreed that an Arbitrator can become involved in only
one (1) Company-Union case at any one (1) time.
ARTICLE 9
MILITARY SERVICE
901. Employees who either voluntarily or by reason of Selective Service
regulations leave the employ of the Company for the purpose of performing
military service in any branch of the US Armed Forces will be entitled on their
release from such service, to resume their employment with the Company and to be
restored to a position which their accrued seniority and experience warrant,
provided they are physically fit to do so; and, provided such employees have not
been discharged from the military service under circumstances or for causes
which, when viewed in light of the nature of refinery operations and job
requirements, would render re-employment inadvisable or inappropriate; and,
provided further that they apply for work within ninety (90) days from the date
of their release and have not voluntarily extended the period of their service
beyond the first opportunity for discharge therefrom. The Company and Union
Committee may by mutual agreement waive the ninety (90) day requirement in
individual cases upon consideration of the merits of the case.
902. An employee who enters military service of the United States under the
Selective Service Act of 1948, as amended, will be entitled to his vacation for
that year either by way of time off or vacation pay.
903. Employees returning from military service will be entitled to vacation
rights upon the completion of six (6) months' work in the calendar year of their
return.
ARTICLE 10
NO STRIKE
1001. In consideration of the covenants and agreement to be performed by the
Company under this Agreement, and to effect mutuality thereof the Union agrees
that neither it nor any of its members will engage in any strike, sit-down,
slowdown or work stoppage during the life of this Agreement. Also, the Company
agrees that there shall be no lockout during the life of this Agreement, if any
employee or group of employees represented by the Union should violate the
intent of this section, the Union through
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its proper officers will promptly notify the Company and such employee or
employees in writing, of its disapproval of such violations, and will take steps
to effect a prompt resumption of work
ARTICLE 11
EQUIPMENT SAFETY AND HEALTH
1101. In the interest of safe and efficient operation of the Company's plant and
the protection of its employees, each employee of the Company will undergo, at
such times as requested by the Company and at its expense, a physical
examination to be conducted by a reputable physician designated by the Company.
If an employee is not satisfied with the results of such physical examination,
he will have the right to undergo a physical examination conducted by a
reputable physician of his own choosing and at his own expense. If the results
of the two (2) examinations do not agree, the physicians conducting said
examinations will choose a third physician who will make a physical examination
of such employee and the report and findings of such third physician will be
final and conclusive upon the Company and the employee, the cost of which shall
be borne equally by the Company and the employee. The last two (2) preceding
sentences of this paragraph, however, will not apply to any examination by any
physician connected with or designated by the United States Health Services or
the Department of Health of the Commonwealth of Pennsylvania, the examination by
latter physicians will be final.
1102. The future of United Refining Company is dependent upon the physical and
psychological health of its employees. Being under the influence of a drug or
alcohol on the job may pose serious safety and health risks not only to the
user, but also to all those who work with the user and may diminish
productivity. The possession, use or sale of an illegal drug in the workplace
may also pose unacceptable risks for safe, healthful and efficient operations.
Recognizing that the Company has adopted pre-employment screening practices
designed to prevent hiring individuals who use illegal drugs, or whose use of
illegal drugs or alcohol indicates a potential for impairment, now therefore,
effective February 1, 1990, the Company and the Union hereby adopt this policy
for all employees covered by this Agreement.
Section 1. Employee Assistance Program. The Company will maintain an Employee
Assistance Program (EAP) which assists employees who suffer from alcohol or drug
abuse and other personal problems in securing professional help. It is
recognized that substance screening results can trigger participation in the EAP
and no disciplinary action will be taken against any employee who is
participating in the EAP solely because of his/her participation in the EAP. The
EAP will monitor any employee's progress through treatment and after care in
order to insure that the employee has every opportunity to be as productive an
employee as he/she can be.
Section 2. Possession Prohibited. No employee at any work site may possess any
quantity of alcohol or any substance or drug (lawful or unlawful) which, if
taken in sufficient quantity (which quantity may be greater than that in the
employee's possession) could result in impairment, except for authorized
substances. "Work Site" means any office, building or property owned or operated
by the employer, or any other personal effects, tools, and areas substantially
entrusted to the control of the employee such as desk, files and lockers.
Authorized substances include only: a) lawful over-the-counter drugs (excluding
alcohol) in reasonable amounts; and b) other lawful (prescription) drugs taken
at prescribed dosage.
Section 3. Impairment Prohibited. No employee will report for work or will work
impaired by any substance, drug or alcohol, lawful or unlawful, except with
management's approval; such approval will be limited to lawful medications and
based strictly on an assessment of the employee's ability to perform his/her
regular or other assigned duties safely and efficiently. "Impaired" means under
the influence of a substance (alcohol .05%) such that the employee's motor sense
(i.e. sight, speech, hearing, balance, reaction, reflex) or judgment either are,
or may be reasonably presumed to be affected.
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Section 4. Suspected Impairment. When there is reasonable cause to believe that
any employee has reported to work or is working impaired, that employee may be
required to submit to substance screening. In addition, any employee involved in
a job related accident or incident which involves the apparent violation of any
safety rule or standard which did result or could have resulted in injury or
property damage where impairment appears to be the cause, may be subject to
substance screening. Before an employee will be subject to substance screening,
one of the following management personnel must be present in addition to the
immediate supervisor and the management representative must concur that there is
reasonable cause to believe the employee may be impaired: Refinery Manager,
Maintenance Manager, Assistant Maintenance Manager, or Operations Manager. When
one of the aforementioned management people are called, the supervisor will also
call one of the members of the Union Committee and such union representative may
be present to advise the employee of his or her rights, if a member of the
Union's Committee can be contacted.
Section 5. Substance Screening. For the purpose of assuring compliance with
Sections 3 and 4 above, employees will be subject to substance screening under
the process described below. "Substance Screening" means prompt testing of blood
and urine deemed necessary to determine possession or impairment, and the
completion of a substance use questionnaire. The screening of employees is not
intended to be a punitive program, but one in which those identified as having
drug or alcohol related problems will be referred through the EAP for help.
Section 6. Substance Screening Process. All substance screening tests will be
conducted by an approved NIDA certified technological laboratory and based on an
appropriate sample obtained from the employee. If an initial analysis results in
a positive finding, confirmatory tests will be conducted. If the confirmatory
results are positive, the individual will be advised. An employee whose urine or
blood reveals higher concentration (as spelled out in Appendix B and measured by
EMIT BC/MS Test) of the drugs identified in Appendix B will be deemed to have a
positive drug screening result.
Section 7. Disciplinary Action
a. Any dispute arising from the administration or interpretation of this policy
will be subject to the grievance and arbitration procedures.
b. Except as herein after specified, any discipline meted out to an employee
will be determined based upon the circumstances or event that gave rise to the
substance screening and without regard to the results of the screening.
c. A positive substance screening test result will serve as a trigger mechanism
for the EAP.
d. A positive substance screening result will allow the Company to require an
employee to submit to a maximum of four (4) random tests within twelve (12)
months of the positive result.
e. An employee who has a positive substance screening test result and who
refuses to enter the EAP or fails to complete the treatment program he/she
enters will be suspended for two (2) weeks for the first positive test.
f. Failure to submit to substance screening is grounds for automatic two (2)
weeks suspension and the employee will be required to submit to a maximum of
four (4) random tests within twelve (12) months of his/her refusal to take the
substance screening test.
g. Any employee who has a second positive substance screening test result or
refuses a second time to submit to substance screening or has a positive
substance screening test result after having earlier refused to submit to
substance screening or who refuses to submit to substance screening after having
had a positive substance screening result will be discharged.
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h. Possession of any substance referred to in Section 2 will result in a two (2)
week suspension for the first offense and the employee will be required to
submit to a maximum of four (4) random tests within twelve (12) months of the
date the possession was discovered by the Company. Any subsequent possession of
any substance referred to in Section 2 will result in discharge.
Section 8. Recognizing that the Company and the Union have a mutual interest in
protecting the safety of employees and the assets of the Company, all Company
employees shall be subject to random screening under the same general conditions
as those subject to the Department of Transportation jurisdiction.
1102.1 The efforts of both the Company and the employees will be directed to
maintaining all equipment, tools and property in a safe and efficient working
order; and that the regulations and safety codes adopted, or to be adopted by
the Company, the Department of Labor and Industry of the Commonwealth of
Pennsylvania, and the Federal Government, as they affect this industry in the
interest of the protection of health and safety of the employees and of plant
property, will be observed by both the Company and the employees.
1102.2 The Company agrees to hold monthly Safety Meetings consisting of three
Union representatives and three Management representatives.
Safety Meetings are intended and expected to be productive and beneficial to
employees and the Company. The purpose of the meetings will include but not be
limited to discussions about:
- Plant Safety Inspections
- Tool Box Meetings
- Safety Training
- OSHA Compliance
- Safety Work Order
The Safety Committee will submit written meeting minutes and recommendations to
the Vice President of Refining and the Chief Steward of the Union.
Management will review recommendations for appropriate action as decided by
Management.
1102.3 Each employee has a duty to properly use and care for all tools and
equipment entrusted to him, and the Company will be entitled to take reasonable
disciplinary action in the case of a breach of this duty.
1103. The Company agrees to an annual inspection and appropriate maintenance as
indicated annually for the Pettibone Multikrane, the Grove 30 ton and 18 ton
cranes, Electricians' line truck, Grove AP 308 and Insulators' bucket truck and
Insulators' man lift. This inspection will be performed by any qualified
contractor or qualified salaried employee.
1104. Any unlawful activity committed upon Company property will constitute
grounds for discharge of the employee or employees participating therein.
However such discharge as well as any other discharge, will be subject to the
grievance procedure contained in Article 8, Section 801.
1105. Employees required to perform work which unavoidably results in the
destruction of or serious damage to their boots or clothing by chemical action
or other abnormal conditions will be provided suitable replacements by the
Company, if the Company agrees the damage was the result of extraordinary
circumstances.
1106. The Company will buy a pair of safety shoes with a value not to exceed
$60.00 for any FCC operator or Zone Mechanic who has worked at the Alky for six
consecutive months, or for any Isom
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operator or substitute that has incurred damage to his foot wear due to the
nature of the process involved. Old shoes must be turned into their supervisor.
ARTICLE 12
DEPARTMENT LISTS
1201. The Company agrees to furnish the Union promptly upon execution of this
Agreement a list of the departments in its plant showing as to each department
the various positions thereunder, together with the wage rates for each
classification.
1202. The Company will provide the Union with copies of posted work schedules
and posted Company memos that pertain to all Bargaining Unit employees.
ARTICLE 13
EDUCATION FUND
1301. LOCAL 96 EDUCATION FUND. The Company agrees to participate in the Local 95
Education Fund. Contributions shall be $.05 per hour for each hour worked up to
a maximum of 2080 hours per year for each employee, payable Monday following
payday.
The Union agrees to focus the first twelve (12) months of education on safety
related matters.
ARTICLE 14
DURATION
1401. This Agreement will continue in full force and effect from 12:01 a.m. on
the 1st day of February, 1996, to and ending at 12:01 a.m. on the 1st day of
February, 2001, and will thereafter automatically renew itself for subsequent
periods of two (2) years each unless written notice is forwarded by registered
mail by either party hereto to the other party at least sixty (60) days prior to
the termination date of this Agreement, or of any then current renewed term, of
a desire to terminate or modify this Agreement. Within said period of sixty (60)
days the parties hereto will confer with each other for the purpose of mutually
considering upon what terms and conditions this Agreement may, if possible, be
extended. During any such sixty (60) day period there will be no suspension of
work by the employees by reason of inability to mutually agree upon new terms
and conditions. Except that on February 1, 1997, the topics of the IUOE Central
Pension Fund and the pre-retirement death benefit of The Hourly Noncontributory
Pension Fund may be reopened.
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