Document 7mOXM01KB7VbGdmoLYdqY6be

PLAINTIFF'S EXHIBIT CHV-532 xr.'fv'vv i ^:2 . ' ... -WtW ~S;V":. -- Recognition, of the Union I Period of agreement, amendments, Reopening II Work Day, Work Week. Work Schedules ...................... It I Wage Rates, Overtime, Extra Comneusation ............ IV Seniority __-- V Promotions, Demotions, Lay-offs, Rahiriags ............... VI Vacations, Holidays, Fringe Benefits ............... ................ 13 VII Union Activities: Workman's Committee..... ......,.......................... . ..A 15 Union Leaves of Absence B 15 Entering Employment of Union .............................. ,C 16 Discrimination, Coercion, Intimidation. ..........................D 17 Conferences During Working Hours......... _........E 17 Bulletin Boards ....................... F 17 VIII Miscellaneous: Clothing ...............A 17 Union Dues. Check-off ........B IS Strikes fi Lockouts .................C IS Smokies Areas ............................ D IS Contract Labor ..........................H 19 Reprimands ..........................F 10 Industrial Injuries ,G 19 Miscellaneous. ,.H 19 IS Settlement of-Dlsputes & grievances .......r.................,,...... . X Saving Clause ......................... XI "Suttees. Procedure for 20 oo Handling a-"---,........... ................ Wage Schedules ................... Job Progression Chart: Maintenance & Storehouse Jo Operators ......... ............... 26 AGREEMENT Between STANDARD OIL COMPANY OP TEXAS AND INTERNATIONAL UNION OP OPERATING ENGINEERS LOCAL UNION NO. 552 .. THIS AGREEMENT is made and en tered into tills ITtli day o June, 195" between Standard QiL Company o Texas, with a refinery at El Paso, Texas, herein referred to as the. `'Company," and. In ternational Union of Operating Engineers, Local No. 552, herein referred to as the "Union." WITNESSETH: RECOGNITION OP UNION The Company recognizes the Union as exclusive representative of all employees of the Company's El Paso Refinery except Laboratory. Clerical, Supervisory, Admin istrative, ar.d Technical, tor tile purpose of collective bargaining with respect to wages, hours and other conditions of em ployment, subject to and in accordance with the provisions of the National Labor Relations Act, amended by the LaborManagement Relations Act. ARTICLE I . PERIOD' OP AGREEMENT AND WAGE CLAUSE NEGOTIATIONS A. This agreement shall be effective as of March 1, 1.9 57 and shall remain in effect until February 23, 195S, and shall be automatically renewed for consecutive periods of one (1) year each thereafter, unless either party shall notify the other 1 in writing, erf its intention to terminate the agreement, at least sixty (60) days prior to the first day of any contract year: provided, however, that either party may notify the other party in writ ing, at least sixty (CO) days prior to the first day of any contract year, of its desire to change, amend, or omit any article or articles contained in said agree ment, and the serving of such notice shall hai-e" the "effect of annulling tie said article it no agreement is reached within sixty (60) days after the termination date of the agreement. The remainder of the contract shall be automatically renewed unless notice is given of intention to terminate the entire contract as herein above provided. - E. The provisions of Article. II and Article III, relating To hours and days of work and to wage rates, may be opened one time by either- party, for further negotiations at any time during the con tract year; and negotiations shall com mence within thirty days afeer notice has been given. Any agreed changes which may result from such negotiations shall be effective on the date mutually agreed upon. :- ARTICLE II WORK DAT, WORK WEEK AMD WORK SCHEDULES - A. A regular work day shall consist of eight (8) consecutive hours in any cal endar day, except that tor employees whose shifts .start a: 11:00 p.m., 7:00 a.m., or 3:00 p~m,, the work day shall commence tALp.m. on the preceding calendar day; whether paid at straight cr premium rate,-exclusive of . lunch periods. The lunch periods for regular dayworkers will be from 12:00 to 12:30 p.m., when consistent with, the work cn hand. The normal shift .for regular day workers iwill be Mo. 2 Shift, S:00 a.m. to 4:30 p.m. B. A wo-rk week shall consist of seven (7) consecutive days, commencing at 12:01 a.m. Monday, except that a work week for employees scheduled to work the 11:00 p.m., 7:00 a.m., or 3:00 p.m, shifts shall consist _of seven (7) consecu tive days starting at. 11:00 .p.m. Sunday. - c. A regular weekly work schedule `shall consist of five (5) regular work -days, with two consecutive days off. Mo " employee shall work., less than a regular -weekly work schedule. In determining the regular weekly work . schedule, , excused absences '(such as sickness, persona: leave, -etc., whether paid or unpaid) on regular " scheduled work days shall count as days worked. The Company will establish and ^-post regular weekly..work schedules, con sistent with operating requirements, to -permit consecutive days off. ... ARTICLE HI WAGE RATES. OVERTIME. AMD - EXTRA COJJCPEMSAXIOX A. Wage RatesT .Exhibits, Shift Differ- er.tials - . r 1. Wage rates .shall be those for work performed in tha._Cornpany's present job classifications, set forth as Exhibit "A", or - -any wage rate or`t:!assitication mutually -agreed to hereafter.. ... 2. a. Where an employee works in two ^ classifications ir. one day, and works less `than a half day in the classification carry- CKEV B8.7033 ing a 'higher rate than, the classification. in. which he works the balance .of the day, he shall he pain for one-half a day at the, high rate and the other half day at the lower rate. If he works one-half day or more in the classification carrying the. higher rate of pay than in the classifica tion in which the balance of the day is worked, he will be paid a tu!l ..day a: .the higher rate, __ !b. "When a man .regularly employed in a higher pay bracket is called upon to relieve a man in a lower classification, because of an emergency situation, he will not be reduced in pay in cases w-here he might otherwise have continued to work at the higher pay. This is not intended to apply to changes from a high er to lower classification occasioned by. the normal fluctuation in work. __ ?. An employes .promoted to a higher Classification shaii he paid a: the rate of that classification upon starting such, work. 4. Employees of the Helper group, who are required to fill in temporarily .. in. other classifications... shall be paid the rates. applicable to these .lobs, dependent upon the f'm.e thus worked. The principle outlined in paragraph 2.a. will he used in ... determining whether they will receive pay for one-half , of a day or full day at the highest rate on each day of ircien time. Section seniority within the gncun work ing cn the specific deb involved, and ability shall be followed in selecting these men. . B. Overtime. Extra Compensation and Other Premium Pay 1. a. Overtime rate 'l-'-i - times, the T: regular rate}, except as specified below in b. and a. shall be paid for all work performed outside of or in excess of the regular weekly work schedule ("Kb time). b. Overtime rate. (2 times the regular rate) shall be paid for: . ( (1) All hours (worked in excess of 16 consecutive hctrrsr he-, beginning on the 17th consecutive Jtour ("K-1D" time). . (2) All hours worked on the second day off, where a mininiiim of four (4) hours on the first off day is also worked, and these off days are' consecutive calendar days but need notHfall within the same work week ("K-D"' time). For purposes of double-time payment only, both off days.will start at 12:01 a.m. and end at 12:00 midnight fire;1 .same day, except for employees whose shifts start at _11:0Q p.m., 7:00 a.m. or'3:00 p.m., for whom both off days w:ll_ start at 11:00 p.m. and end at 11:00 p.rm the'next day. c. An employee who is called out to work and who reports for such work, shall receive a minruum of lour (4) hours pay a; straight time rates, or timeand-oae-hr.lt .tor .work performed, which ever amount is greater ("Q"'time); except that he shall be paid a: double-tirne rate where b. above applies. 2. a. Extra compensation (.; times the regular rate) shall be paid in addition to the regular rata, lor hours worked on a regular, scheduled work day, under the ' following conditions: '. (1) For the firs; shift of rearranged work schedule, viihout the required. 40 hours nodes ;;r:or ;d the .beginning of, first shift -."si" .time)... . CHEV B8 7034 7BKi3W (2) Time worked in excess of eight (S) hours in.any (24) twenty-four Hour period, other. than overtime as defined in la. jtnd in. above/ ("is" rime). ' ' ' 0. Distribution of Overtime 1. An effort will be .made to_ distribute overtime equally among employees "quali fied in the classification in which the overtime occurs. Any employee who is to" he absent from his assigned shift will notify the Company as far in advance of such absence as possible. When, pro cessing operations are temporarily halted for the shift on which the regularly as signed employee fails tp report for work, the Company may determine whether or not it is necessary to fill this vacancy. 2. To' give effect to paragraph 1 above, as applied to Refinery .Operators, the following procedures will be observed:. a, The Operator handling the job on the shift preceding the vacant shift will be asked to work .tigs, additional shift. In this case he may work the entire shift; or half of it, if he so desires and the regular Operator on the shift following the vacated shift is prilling to work the other half. This provision -will hot apply: (1) Where the Operators referred" to above have worked more than twelve (12) hours ia the .preceding twentv-iour (24) hours, or (2) Where the Operators .referred to above, have already worked the afternoon shift on their first scheduled days" off in their regular weekly .work schedules, or (2) Where the Company has more than" eight (S) hours' advance notice of the absences, or (4) Where there is an Operator on the vacated shift who is breaking in on any fob and who is qualified to " relieve any fob that will provide, relief for the" vacancy. (5) In either (1) or (2) or (3) above, the job "will be filled with an employee in the same classification when such qualified employee is available, having the least amount of overtime to his credit. D. Overtime Heals 1. When employees are required to work overtime more..than two .(2) hours beyond their regular scheduled quitting time, meals a: the Company's expense shall be considered due upon the completion of the first two (2) hours of such over time arid At intervals, of each four (4) hours of ctr.tinuofls overtime thereafter. The cost of meals so provided shall not exceed 'S1.50 . each. " 2. When i; is. definitely known "in ad vance that on. employee will work over six hours overtime. Company may pro vide him with. one meal, not to cost over S3.O0 in place of two separate meals at SI.5 0 each. Company may also, at its option, provide employee with a meal al lowance of SI.30 in place of the meal. 3. When the .Deed Is furnished hv the Company for Maintenance personnel, a work stoppage ofWMrty (30) minuter, at Company's expensS, wi'.l bo allowed for eating. .ARTICLE IV SEXIOR3TT . A. Tor the puFpo'so of administering this article r.nd.. .Article V. Seniority of two types shall be" considered as stated below: Refinery Seniority, which shall be ft, 4f CHEV 83 7035 mmm based on the date o entering the .service of the El Paso Refiner;-; and 2. Section Seniority, -cvhich shall be based on the date Company assigns, an employee to a definite- section as defined in this article. B. For the purpose of this article, the recognized Refinery Sections are: - 1. Operating ---t - 2. Filling and Shipping 3. Storehouse .. r . 4. Instruments -: 5. Electrical 6. Machinist and Tool Room . - 7. 'Welding S. Pipe Fitting, Boiler Making and. Utility . ARTICLE V PROMOTIONS, DEMOTIONS, LAYOFFS AND REHIRINGS (Attached to and made a part .of this . Agreement are "Exbihit._ B," Job Pro gression Chart -- Maintenance --, Store house, and "Exhibit C," Job Progression .. Chart-Operating Section, showing job classifications p.nd the normal progression and regression paths between the various classification ar,.d groups of classification.: A. Promotions 1. Ail promotions, demotions, placemen: of men displaced by job terminations, and all rilling of permanent vacancies shall be based on seniority and ability. It is the intent to give every employee an oppor tunity ,-y- progress into higher jobs in line with his seniority, hit is, mutually recognized, however, by the Company and the Union, that ability must be given con sideration ir. ail such moves. Thus, there may be individuals .who, thru lack of knowledge, skill or efficiency on the job, are not capable of handling the higher skilled jobs, but who are capable of satis - factorily handling some df'the intermediate or lower jobs. ' --2. ivhen an employee is not progress ing or performing his work -in a satisfac tory enough manner, he will be so in formed. When a promotion is made and the employee promoted is not the highest on the Section Seniority list of the next lower applicable rare - classification, any employes higher os _suck rate classifica tion and eligible for consideration for su,ch promotion will be advised by Man agement (in advance when possible) why such employee was not selected for such promotion; except that this notification shall not he necessary in the Operating Section for promotions made in accordance with "Exhibit C," Job Progression Chart-- Operating Section. . y. is. An employee promoted to a higher jdh and failing to phi-form satisfactorily on it, will be allowed to return to the job previously held by him, without loss of seniority rights. This will not preclude the employee's right . to promotion to some other jobs which he is capable of performing. 4. Where .employees are temporarily transferred or assigned to areas or or ' ganizations outside of the bargaining unit, they shall be aliowed to return within a 2-year period to the job that their senior ity and ability would have entitled them to, had they remained in the Refinery organization. 5. Promotions from Helper "B" to CHEV B8 7036 Helper "A" - and from Mechanic "B" to Mechanic "A" are to be made solely on. the basis of Refinery, service and not on the basin of performance of a higher or different ciassification of work. Helpers "B" will be promoted.d Helpers "A" upon the completion of (12) twelve months of service in the Refinery Maintenance Di vision. Mechanics "E" will be promoted to Mechanics "A" upon the completion of: a. .12 months of service as. Mechanic "B," and. .. _ b. tid months of service in the Refinery Maintenance Division,'"including any serv ice as Mechanic "B".. 5. The Company wH: maintain a mmi- r.ittm of. ft'M overall Mechanic to Helper ratio for the Refinery as a whole, provid ed. there are Mechanic Helpers who. are qualified to be Mechanics. B. Layoffs and Kehirings . ... 1. Layoffs for lack of work, and re hirings shall be based on Refinery senior ity. " 2. Regular employees with less than one year's continuous service., who are. lard of? cr lack of work, will have coh- .iuhciu kM-rviea ;f rehired wiihia 12 weeks aiLir dhs; clay worked. - M Regular employees with mere than one year and less than five years of con tinuous service, who'are laid off for lack of work, will have continuous service if rehired within 2 S weeks after the last day worked. t. Regular employees With mors than five years of continuous service, who are laid off for lack of work, will have con tinuous service if rehifed within one year after tie last May worked. 5. In case of re-employment, employees who have been laid off shall be notified by registered letter at their last known address, in order .of their Refinery Senior ity of qualified men, to report for work. In the event any employee so notified shall fail to report for work within ten days of date of notice, such employee's senior ity shall be terminated, provided he is not prevented from reporting because of sickness, death, or emergency , involving himself or his immediate family, and so notifies the Company within five days. This does not apply to men who are re placing men in the Military service. Un der emergency conditions, temporary men may be used until former employees on the rehiring list have reported for work. C. Demotions 1. In making demotions because of cur tailment of work and not -because of an employee's deficiency, position on the Section Seniority, list shall control within each section and the employee with the least Section Seniority in each rate classi fication affected shall be the first demoted from the rate, classification to the next, lower applicable .rate classification, pro vided the employee who displaces him is qualified for h!is._work and except that the Company may retain a sufficient num ber of qualified men on necessary opera tions to permit continued efficient opera tion. Such demoted employees shall be placed at the :op--Qf the Section Seniority list of the rate classification to which demoted for consideration in case a pro motional opportunity develops in the rate classification from which demoted. - 2. If an empioy.ee being demoted be- cause. of curtailment of work is as yrevious- ly worked in another section than that in which he is then working, he may be transferred to such rate classification in such other section for which he is quali fied by experience and training provided he has greater Refinery Seniority than the employee whose demotion would result therefrom. The new position in the new Section Seniority list shall be at the bot tom of tile rate classification to which transferred, except that in event of lay offs because of lack of work, in the new section, the transferred employee snail re tain his position in the new section ac cording to his Refinery Seniority. ' D, Inter-Section Status. 1. For rhe-p-rpcse of administration of At" a::a IV and V, all employees wii! be assigned to a specific Refinery Section within one year of date., of employment in Company's Refinery. Section assign ment will be made by Company based on work load, and Company's evaluation of employee's qualifications .and preferences. The order of section assignment will be cased on seniority and ability, as .provid ed in Exhibits B. and C. Section assign ment as stated here shall not in any way interfere with Company having employee do any type .of Refinery work that in Company's judgment he. car. do safely. 2. Transfers between maintenance Sec-. tions may be made with Company approval. In all cases of permanent transfer between sections, the transferred employee will en ter the new section with Section Seniority drtir.r from the cate of entering the new. Section, and ii will relinquish hr. seniority '.n the termer section. - . 12 3. Temporary' inter-section transfers may be made, for short periods of time. Company records will clearly indicate the temporary nature ~oi such transfers. The employee'will not acquire Section Seniori ty in the new section nor lose acquired Section Seniority in his regular, section. If any temporary transfer is later made permanent. Company records and the.J3e- nioritv list will so .indicate, and the pro visions of paragraph 2 above will apply, - except as provided in the last sentence of uaragraph 1. Section C above. . ARTICLE VI VACATIONS, HOLIDAYS AMD FRINGE. BENEFITS A. Vacations . .. Employees who have completed one year's service with Company shall be given two week's vacation with pay each calen dar year. In the tenth calendar year and in each calendar .year thereafter, employ ees wit1, be given three week's vacation with pay. Ir. the" twentieth'calendar year and in each calendar year thereafter, em ployees will be given four weeks' vaca tion with pay. Operating needs are con trolling as to when a vacation may be taken. B. Holidays -- 1. The following holidays, shall be ob served: - New Tear's Day Labor Day Washington's .. -Veterans' Day . Birthday Thanksgiving Day Memorial Day lA ,, Christmas .. Fourth cf July ' ` ' v -' If any of these holidays falls on Sunday, the Monday iasnsediately. following shall be observed as the holiday. 2. Regular employees shall receive their regular pay for holidays observed, when such holidays : Jail on their scheduled work days. -- _ 3. Employees who work on such holi days, whether schedule or unscheduled, work days, snail receive pay equal to the straight time rate for the number of hours :r. their regular daily work schedule plus . one r.r.d on? br.1; -times tie straight time . . ruts far. nil hours worked- For the pur- . pcses of holiday payments, holidays will be considered as starting at 12:01 A.hi. and ending at 12:00 midnight on the days which are observed, except that for work ers scheduled to work the 11:O'O' R.hl., 7:00 A.M. or 3:00 P.M.. shifts, holidays wiil be considered starting at 11:00 F.M. prior to the calendar day of the holiday and ending at 11:00 P.JI. twenty-four . (24) hours later. - 4. All regular employees shall receive eight paid holidays per year. Those not so paid under the provisions of paragraphs 2 and 3 above, shall receive a day's pay at their regular straight time rate for , each such holiday. 5. If, during an employee's - vacation, period, a recognized holiday occurs, he will be granted an extra day of paid vacation. The Company reserves the right to grant an extra day's pay at the straight time rate in lieu of an extra day of paid vacation, in any case where it considers such action desirable :rcm an operating standpoint. C-. Fringe Benefits 1. All benefit _ plans arranged by the die Vj 4 i4 Company for its employees generally shall be available to employees covered by this Agreement. The Company shall make in formation concerning such benefits avail able to the employees. . 2. The Company yyigl furnish to each employee having one or.ynore years of service, an annual statement showing the employee's current status under the Sick- ness-and-Xor. - Industrial - Injury Benefit Plan. "' 3. Any employee required to be absent during his regular working schedule on account of'jury duty, or required to at- tind court, or coroner's inquest, or to serve as a witness, shall bo allowed the time off necessary to perform this service. An employes shall receive for tile time he' is thus absent the-assess; if any, of his regular pay for sut'u period over the fee received. ' ARTICLE vn - UXIOX ACTIVITIES A. YVorlrmar.L Committee ./The Union -nail create a Workman's Committee. composed of four employees', who shall meet with representatives of Management a: regular monthly intervals for discussion of individual or mutual problems and' to dispose of questions aris ing under this agreement. Minutes of all such meeting's "shall he kept and signed by all parties attending. One signed, .copy shall be furnished' for the use of the Union and one for the use of the Company. , B. Union. Leaves of Absence ,, If plant conditions "permit, leaves of absence without pay, of not more than fourteen (14) .days .deration, (except where distances to be traveled require ad-, ditiona! time, in which case not more, than thirty [30 days) for the purpose of attending Union Conferences or. Meetings will be granted during any calendar" year to not more, than iour enrpioyees, pro- viced that not more than two employees shall be granted a simultaneous leave. ' C. Leave of Absence to Enter the Em ployment of the Union 1. If any member of the Union shall rectitst a. special Leave of Absence with out pay from his employment with the Company for the purpose of accepting employment with che Union, the applica tion oi such member for reemployment, if made, within two. years from date of start of such leave. v.-'.r. be considered and accepted on the following conditions: _ , a. That his physical condition shall not have changed materially during the period from, date of such special leave to date cf application for re-emp.loym.ent. . b. The request for a special leave of nbsente shall be in writing and shall state dm purpose for which it is made and that the employee intends to apply for re-em ployment within two years. .. c. Applicant, if re-employed within said period of two years,, will enter the- job that his seniority and ability would have entitled him to, had he remained in the Refinery organization. d. It is understood that all Company benefits. including life insurance, are usper.dec during the period of such cml .leave of absence bu; will become operative again upon re-employment Vvitli such service accumulation attained at end of leave. . . *5 D, Discrimination, Coercion or Intimida tion 1. There shall be no_ discrimination against any employee witb. respect to his conditions oi employment because of his membership In this Labor Union, or on account of any activity undertaken in good faith in his capacity as a representa tive of other employees. 2, The Union, its_ofilcers and members , shall not intimidate or coerce employees into joining the Union or continuing their membership therein, Neither shall the employer intimidate 'or coerce employees into withdrawing from, or refraining from joining, the Union. . . E. Conferences during Working Hours .Employees, with the approval of the Refinery Manager, may be permitted to confer during working hours with repre sentatives of either Union or Management on matters concerning employer-employee relations, without loss of time or pay. E. Bulletin Boards , The Union shall have the privilege of maintaining :rr its exclusive use bulletin boards on the premises' in places designat ed by the Company.. for the purpose of posting notices or bulletins. It is under stood that nothing of a controversial or political nature shall be posted on such boards. ARTICLE vni MISCELLANEOUS AND GENERAL A. Clothing 1. Protective clothing/ including welding gloves. s!eras and jackets, will be pro vided by the Company where needed for personal saiety, or where destructive ac tion over and above--that encountered in 17 HP the `course of regular employment makes it necessary. , 2. The Company shall furnish the em ployees with an average of up to four pains of leather-palm gloves per contract year. Before receiving a new pair of gloves, each employee will be required to turn in his old pair. B. Voluntary Payroll Deduction of Union Dues EajJlayees' covered by this agreement may authorise the Company in writing on a suitable form to deduct the "regular monthly dues of the Union ' from their wages; and Company shall remit same te the Secretary of Local Union Xo. 552 not later than two weeks- after the end of the firs: payroll pc-rfbd lu each month, to cover the dr.es tor the following month. Employees may at any time revoke such authorization by giving the Company writ ten notice on a suitable form, a copy of which will be sent to the. Union. C. Strikes and Lockouts There shall be no cessation of work thru strikes or lockouts during the period of this agreement. If either party notifies the other of its intention to open negotia tions relating to hours, days of work and/ or wage rates as provided ir. Article I and no agro-emeu; is. reached with Ir. ninety fP'il any? a;ter receipt of such notice, the "Xo Strike and. Lockout" clause shall r.ot be applicable thereafter with respect_ to disputes arising out of .negotiations on -here- t/iy-tv only; oil waff terms .and ?on-::::or.y of :tb`Arr;-t:yr shr.ll remain In full fores cud effect. _- D. thanking Areas Smoking privileges will be provided for all employees within the Refinery. Smok ing areas fer different departments will be designated. Smoking is prohibited at all locations not specifically authorized by the Company. .. E. Contract Labor ; . The Company agrees that it will not contract normal routine maintenance work within the Refinery' as long as the Re finery has the necessary men and equip ment available to perform such work properly. r . F. Reprimands 1. An employee will always be given a copy whenever any record of a reprimand is placed in his personnel file. .He is to note on the Company's copy that he re ceived his copy. . 2. Whenever am employee Js given a final warning that further unsatisfactory conduct will cause dismissal, the Mana gement will give the employee two copies of the written record of this final warning. The additional copy may be provided the Local Union by the '.affected employee, if he so desires. Ha is'"E6 note' on the Com pany's copy that he has received his copies of the record. G. Industrial Injuries An employee v-' r o is injured while working cn cr. off day, and is unable to continue working, will be paid for the unworkefi remainder - of an S-hour day at the rate of pay he .was receiving at the time of injury. . .. H. Miscellaneous. I. Xo employee" shall, as an acknow ledgment of guilt, be required, to write, or affix his signature, to, any letter or ' WMiM printed matter which the Company may use as a means o: accumulating informa-. tier, ion demoting, .or lowering his classi fication. .. . 2. Any employee' who accuses another, employee of misconduct or mishandling of his duties shall be required to appear before the. Workman's Committee, oho Unuugetueu u and the accused to substan tiate his accusation. _ ...... ARTICLE IX _ SETTLEMENT OP DISPUTES AND GRIEVANCES . . _L_ A. 1. Any employee who feels that he has been subjected to unfair or discrimi natory treatment with respect to his cor.-., dumps of employment as set forth in this Agreement, shall promptly and per-, socially, within ten 'days, attempt to ad- just the matter with his Foreman or ap propriate Supervisor. This shall be done, by.a full and free discussion of the griev ance. and the Foreman or appropriate Supervisor will investigate the circum stances, if not himself sufficiently -familiar with-the case, and ..will cal! upon higher Maaaaonient if necessary to aic him. If at the conclusion of the discussion with his Supervisor he is not. satisfied, the em ployee shall so state' and advise his Super-, visor that he is talcing the first step in presenting a grievance. . f. Falling to react, a. satisfactory under-, standing or adjustment, the aggrieved employee within five (5) days thereafter shall present in writing his cas.e personally, or thru the representative of the Union, to 'the :?.-'finery Manager. The Refinery, flnnagt-r shall, within seven... IT 1- v days from the cate'of'the presentation of-tha 20 grievance in writing to him. give to the employee, if he presented his case per sonally, or to tire representative of the Union if such, representative: presented said grievance, the written answer of the Company to said grievance, and the repre sentative c-f the Union Shall notify the Re finery Manager in writing ' within seven (7) days from the. date or, which the Company's answer_is given, whether or not the decision of the Company on the grievance will be accepted, or whether said decision shall be'arbitrated. . 3. If act-lea of arbitration is giver., then the grievance- shall' be referred, to an arbitration committee consisting of three members, one TtT be appointed by the Union, one to be. appointed by the Com pany, ana the third to be selected by the first two. The Union shall appoint its arbitrator and notify tip? Company there of. within seven (7) cayr. from tire date of giving written notice of intent to arbitrate. The Company likewise shall ap point its arbitrator and notify the Union of its choice within seven (71 days from receipt of notice by the Union of its intent to arbitrate.. Tke Company pud Union will equally divide the enper.tes of the third member, should any be incurred. 4. If agreement.cm the. third arbitrator cannot be reached within (14) fourteen days, the Federal Mediation and Concilia tion service shall be asked to submit a list cf five names from which the third arbi trator shall be determined by each party strikir.g one name in alternate manner until only one .remains. 3. A tt-'/ceor. of the Arbitra- tior. ndttes sinnl: be fiitai and binding wmmmrnm on all parties. In such_cases, the Company and the ITnion shall furnish to the Arbitratior. Committee aUriniortr.atior. h `hair : ~; possession necessary to a full understand' .. irig: ct the subject matter .of the. grievance. ` "' C, The Arbitrators snail have authority ' only to interpret and to make decisions based upon the provisions oi this agree-, , rr.ertr r.rtd shall net have authority .to. '. alter o.r.v :f the terms of the agreement. - ' ARTICLE X ................... If any of the provisions of this contract shall be held, invalid by any Governmental __ authority, such actions shall not invalidate the other- prov'.sicr.shhsrscf. , - -- AIETTCX-E XX .-------- . . '. . .: _ - Notices herein provided may be giver. , : by depositing the same in the United State? mail in a seabed envelope, registered and postage paid, and addressed by one party to the ether as follovs: - Ir.:vnariona! Union of Operating . . ___ _ . ' Engineers-. Local No. 552 . 7 529 Parrat Road . E! Paso. Terras. Standard Oil Comnanv of Terras - - _ ?. O. Bor: 852 ' It: 7r.se. Terms A`T*n:ion; .s- ro.ir.asrer :rTM.":TXSS'5 vr^P.EOF the partS\?__. _ - have -caused this instrument to be ex- .. ' ' erired by their duly authorized representstires the day and year first above yrrten. .. - . : > STANDARD OIL. CO MEANT OF Tcyry 3-.- U. P. Pares...!:-... Vice Fr-vl-'rr.- - IXTZP.XATIQNAZ, UNION 07 OPERATING ENGINEERS, . LOCAL UNION NO. 55 2 " . ~' .M ' '. _ 7 . By C. J. Mc3ride. hr.. President 3y 7. Tip Cipher. Secretary . i EXHIBIT "A" * KEFINERr CLXSSIFEE1D OPERATING : & MECHANICAL WAGE SCHEDULE ' " la Effect June 1, 1957 . OPERATING DIVISION at .. C.'assIHcaHo.-: ' - Hourly Doily Symbol Rate Rate -1_ Kead Operator A . ....v.... HOA $3.0?50 _ Catalytic Cracker ... . . Thermal Cracker " Crude DisfnafTcri " . \ ' ' ' ` $24.60 Head OpcraJor 5 ................... h'OS 2.9533 Gas Rcccvcry-AlkylofFon - Pumping Thermal Cracker '. . _. 23.75. " Head Operator C -=' Catalvfic Cracker Gas ReccvcrvJAikylation Pcrcc Dcsuifu'Ic-er . __ High Pressure Boilers Phtfir.T.cr Gauging . HOC . '2.C625 . - ' ._ 22.90 Operator A .................................. CA Catalvfic Cracker Crude D:sti;iaNati . I " ' Gas Rocavery-Alkylut'cn Thermal Cracker -------- - Gauging -- Causffc Treating ' 2.7563 22.05 =_ ' ~ Operator 5 .....................-v2.5575 Cafafytic C'acker '- . . Gas "'cT'-'t`v-Aj-y'aib.Jt ~~ Treater Operator C ................. Catalytic Cracker .. High P-jr.-yre Bstte-sl..- - Gauging '" -CC L- 20.7S " 2.1325 __ ' `3.66 - ? .m p m m i n v v.;, 0; ilir iWr !Sl \il -%[ Si ~Kl ; wmiwm EXHIBIT "C" PROGRESSION" & TRANSFERS WITHIN TEDS OPERATING SECTION All men hired for Operations will be hired at the Helper "C" rate. This Tate will be effective tor a period of 20 work cays, e.tcept in cases where men have be come qualified and. work an OC job in less than 20 work days, the OC rate will then be paid tor anysuch work performed. After the initial 20 day work period and the man has not yet worked in an OC classification, he.will be paid at the Helner "3" rats until he has worked an OC job. _ .. After having worked in an OC classifi cation, thereafter, he will be paid at the rate of the highest classification he has held for all periods of break-in or other training work. ._. . During periods when thc-re is a surplus of Operating manpower, Operators will be required to work in . the maintenance .Di vision, During this period they will be paid at the Helper "B" rate if their basic assignment is in the Operator Po_o! and. will be paid at the rate of `.heir basic assignment if their basic assignment is OC or higher. . . .. As rapidly as practical, . men will be trained to handle one OC job in the Ca.t Cracking-Thermal Cracking or one OC job in the Light Oil--Statics & Ultilities Divi sion. Hen will be assigned from the Opera tor Pool in order of. their seniority, to fill the OC vacancies until the basic Oper ating organization is complete. .Thereafter, lateral training at the OC level within the divisions will be given as time permits i $ `<82?. > 7045 CV-''V B8 and the need for such, training is justified. Once the basic Operating organisation is complete, men in "the Operator Foot will be trained on not less than two OC jobs t. one in each Division) and wil] be assigned to.. fill temporary vacancies in_ the OC classification for which they are qualified, as such vacancies occur. Per manent vacancies at the OC ievel will be filled " by seniority from the Operator Poo:. After receiving a permanent basic assignment in either of the combined divisions below the .OA level, a man will remain in the assigned division except that curing the month of November each year he may request a transfer to the other combined division ar.d receive a new. basic " assignment! according To seniority as soon thereafter as he is able to qualify by abiiity to hold such basic assignment. Men will be placed in permanent OA vacancies in cue of the four divisions from the -03 level in the. combined divisions according to seniority and ability. After a man accepts a permanent basic assign ment of OA in one of the four divisions . (Light Oil, Stocks & Utilities, Cat Cracking or Thermal Cracking), he will progress by senior::;.- and ability only in that division. In the even; he wishes to transfer to another division, he may do so at any time :by making a written request to the Com pany and by taking a seniority placement in the new division just under the young est basically assigned OB and progress in this relative position. . .... Temporary vacancies occasioned by ill--, ness, days off, vacations, leaves of _absence, etc. wiil be filled in accordance with the progression chart. _ [2 Permanent vacancies" in any division - will be filled by seniority and ability ex -. -- cept that any man may. request in writing L to the Company that he remain in lice of progression in any one plant in a division rather than accept a job of higher classi fication in another plant in the same division. Lateral training at all levels in a single division will be given to all Operators who desire such, training and who are - satisfactorily performing their duties in their basic assignment. Such training will -- be done consistent with Operating require ments, and a record of the jobs a man -- has qualified himself to hold will be post~b- ed. All men at all levels within a plant shall be required to. learn the next higher job in their respective plant as rapidly _ as possible. The Company shall aid every man as much as possible in this endeavor. hDen at all levels may "be" broken in and worked without regard to seniority in the - next higher classification than their basic _ assignment, except that such assignment ' does not require another man to work at. a rate below his basic assignment. No one man "shall work such an assignment for more than 20 work days per year. No - man shall be paid .at a rate below the rate of his basic assignment regardless of the. job he works and shall be paid the rate of any higher classification than his basic assignment for any such, work per . .formed. , "When a man requests and is therefore ^ - given a permanent plant assignment, he forfeits ail future, rights to a higher job rM <4: chev 88 ?046 in the same division, 'except the higher jo-h in the plant in which he requests to remain. A man, at his written request to the Company, will be allowed to remain on any permanent assignment without progressing to. higher jobs. - This agreement shall be effective as of June 1. 1957 and shall remain in effect until February 2$, 195S. vlt : ;-. '.' -;:r;' ." - - ::=~ V':- f`-