Document Ev0KOZZaXMLrRQmzZKdLvOgaR

P. O. BOX 792 ARTHUR BROTHERS INCORPORATED HIWAY 77 BYPASS KINGSVILLE. TEXAS 78363 TELEPHONE 502-6*16 PLAINTIFF'S EXHIBIT CEL-1394 HOECHST-CELANESE CORPORATION ENGINEERING PLASTICS DIVISION P. 0. Box 428 Bishop, Texas 78343 ATTNs Nr. Merrick Saucier RE: 1989 Maintenance and Construction Services Agreement Dear Merrick: Arthur Brothers, Inc. recognizes the necessity of staffing our projects at the Bishop Facility as our top priority to you, our customer. Our meeting with Noechst-Celanese management on August 8, 1989 has been of vital importance in determining staffing requirements and needs for *projects over the coming months. Arthur Brothers, Inc. is indeed in a very precarious position in regards to your needs, area personnel needs, and those of balancing needs of our workforce. Ne can achieve project schedules through the end of the year, as we know them, with very few additions to our currant levels of personnel. It should be noted that we are experiencing difficulties in obtaining qualified combination heli-arc welders -at this time to romplish our schedules on a forty hour week. Staffing will become increasingly more difficult at present levels of pay as projects in the area begin to kick off and/or expand present levels. Current expectations in the general area include two projects which, by themselves, will saturate local and outside personnel demands. The Dupont-Occidental Petroleum (OxyChem) Project in Ingleside will peak between 2500 and 3500 craftsmen during the first and second quarter of 1990* Becon Construction is paying 4 13.50/hr. for heli-arc combination welders. Carpenters are being paid 4 12.00/hr. with other crafts paying between these two rates. The Formosa Plastics Project, located near Point Comfort, Texas, will peak between 6000 and 8000 people in the third and fourth quarter of 1990. This is a multi--contractor project and prevailing wage rates at the top level are in the 4 13.50/hr. range at this time. Brown 8 Root, at the Phillips Plant in Old Ocean, is paying top scale of 413.50/hr. The Mundy Companies at the HCC Plant in Bay City are paying a top scale of 4 13.50/hr. Locally, Fish Construction is currently paying heli-arc combination welders 412.75/hr., carbon steel welders 412.34/hr., pipefitters and electricians 412.30/hr. and carpenters 412.00/hr. at the Javelina Project in Corpus Christi, Texas. Higher pay rates alone will not guarantee that we will be able to attract additional people to our organization, as proposed projects indicate will be needed beginning the second quarter of 1990. Higher pay rates will help in maintaining our current levels and expanding somewhat on an immediate basis, as the area is only in the beginning stages of personnel expansion. Of key concern to our organization is the predicted 30X cutback of construction personnel at our facility beginning in January . 16583 Page' 2 August 18, 1989 and continuing through thm first quarter. This must ba prevented through bmttmr distribution of projects in the coming year, mith more projects planned for start in the first quarter to negate the cutback in personnel. If me lose people, even mith a modest increase in pay at this time, they nill go to other projects in the area paying more. Attracting them back mill then simply be a matter of paying the highest Mag*. He do not care to get into a bidding Mar mith other contractors, as this Mould be disastrous to. all. Hages must be controlled and increased and/or decreased in small incremental steps, as opposed to large steps as has occurred in the past. tToo much is lost by either customer or employee Mhen this occurs. The contractor also suffers in the area of credibility because of his middle position -- trying to balance the needs of his customer from a cost and productivity standpoint and that of his employees from a "fairness to all people~ and valuable resource vienpoint. He at Arthur Brothers, Inc. believe that to have the most productive norkplace, the process needs side and the employee's needs sides must be balanced. Hin-Min situations must be preserved at all times. He are, therefore, proposing a modest increase in Mage rates at this time as per attached SCHEDULE A, effective September 11, 1989. He propose to move our current levels ' of heli-arc combination Melders into the category of technician, Mith a pay scale of $ 12.25/hr. The technician rate allOMS us flexibility to move this classification Nithout a general contract approval (local approval only). This rate represents an increase in our top rate of 6.52Z over current levels. Other rates have been increased from 2.08Z at the loMest level (SC Classification) on a progressive basis to a high of 4.35Z (HA Classification). The rate increase represents an overall composite 4.45Z increase based on our current staffing levels and a 40 hour mork Meek. He have also increased the Iom and high ends of our salaried scales reflecting a 10% increase in allomable pay ranges. Please acknoMledge your acceptance of this proposal in the space provided belotn, keeping the original for your files and returning a signed copy to us. Thank you for your consideration in this matter. Very Truly Yours, ARTHUR BROTHERS, IHC. Patrick D. Ley Vice-President ccx H. Hilmeth D. Siemonsma AcknoMledgement x Byt Tit let Dates 16590 SCHEDULE "A Effective date - September 11, 1989 Page 1 of 3 n f teat long. Eax. fiaias. and Eax Practical. A. Salaries Range Superintendent General Foreman Foreman 44,000/59,400 34,650/49,500 28,600/40,150 B. Standard Hourly Rates 1. General Administrative Assistant Technician 9.00 - 11.00 12.00 - 20.00 Mechanic A Mechanic B Mechanic C Mechanic D 12.00 11.36 10.72 10.29 Utility A Utility B Utility C 9.80 9.40 8.99 Helper A Helper B Helper C 8.59 8.19 7.79 Utility Service A Utility Service B Utility Service C 7.29 6.80 6.49 Service A Service B Service C 6.09 5.80 5.40 Clerical Field Buyer Leadman Temporary Foreman 3.50 - 9.50 9.00 - 11.50 .50 above craft supervised 1.00 above craft supervised -1- 16591 Page 2 of 3 SCHEDULE "A" Effective Date - September 11, 1989 2. Warehouse Rotating Shift Utility Service A Utility Service B Utility Service C 7.63 7.14 6.83 Service A Service B Service C 6.43 6.14 5.74 St. Day. 7.29 6.80 6.49 6.09 5.80 5.40 3. Engineering Engineer Draftsman Estimator Planner/Scheduler 12.00 - 30.00 6.00 - 20.00 6.00 - 20.00 6.00 - 20.00 Si.,. Evening 7.63 7.14 6.83 6.43 6.14 5.74 C. Premium Hourly Rates Premium Hourly Rates shall be paid at the .rate of one and one-half (1-1/2) the employees Standard Hourly Rates. Premium time shall be defined as all houre worked in excess of eight hours (8) in a work day or in excess of forty hours (40) hours in a work week. D. Pav Practices (1) Holiday, Sick Leave, Vacation and Jury Duty. The following shall be recognized hereunder contractor's Holidays. July 4 Thanksgiving Labor DAy Christmas a (a) Hourly Employees - Company shall pay Contractor for any such holiday at 1-1/2 times the standard time pay rates however, Contractor 6hall not be paid for hours not worked, such as any illness, vacation or jury duty, for any of Contractor"s hourly employees except with the written approval of the Company representative. -2- 16592 Page 3 of 3 SCHEDULE "A" September 11, 1989 (b) Salaried Employees - Company shall pay Contractor for all salaried employees at a weekly rate of 1/52 their annual salary except for 6ick leave which extends beyond three (3) days, all vacations and the four recognized Contractor holidays. (2) Call Qni. Eay Company shall pay contractor for work on a "call out" basis at Company'6 request, outside the Contractor's employees regular scheduled shift at 1-1/2 times standard rate for hours actually worked; however, if work extends into regular hours, then call out pay applies only to hours worked outside the regular scheduled shift. If Contractor"s employee called out works less the four (4) hours and hours worked do not extend into the regular shift, Contractor will be reimbursed for four (4) hours at the standard rate or for hours actually worked at 1-1/2 times the standard rate, whichever is greater. (3) Sho.H Us Pay Company shall pay Contractor two (2) hours "show up" pay, at the standard rate, for any contractor employee who reports for his regular scheduled shift but is prohibited from working for any cause beyond Contractor's control. -316593 ABI SALARIES HISTORY NAME/POSITION J. J. STARKS/SUPT V. GARCIA/GEN.FMN E. D. GRIFFITH/GEN.FMN K. J. HAJEK/GEN.FMN F. SHAFER/FMN R. PENA/FMN A. BRYANT/FMN J. GONZALEZ/FMN R. WILSON/FMN E. CASTOR/FMN J. GONZALEZ/FMN M. SANCHEZ/FMN R. BROWN/FMN S. SAENZ/FMN P. LONEY/FMN A. BALDERAS/FMN J. REYES/FMN S. MORALES/FMN E. GUTIERREZ/FMN % OF RANGE 1986 1987 1988 83.7% 97.7% 96.9% NA NA 36.3% 46.2% 62.7% 53.6% 46.2% 62.7% 57.5% 60.8% 60.8% 61.9% 60.8% 60.8% 57.0% 60.8% 60.8% 54.5% 60.8% 60.8% 57.0% 60.8% 71.5% 69.3% 60.8% 71.5% 74.3% 60.8% 60.8% 54.5% 39.5% 55.5% 49.5% 31.5% 31.5% 17.3% 31.5% 31.5% 29.7% 31.5% 31.5% 17.3% 31.5% 31.5% 27.2% 7.5 % 7.5% -5.0% 7.5% 7.5% 5.0% 7.5% 7.5% 9.9% P. O. BOX 792 ARTHUR BROTHERS INCORPORATED HIWAY 77 BYPASS KINGSVILLE, TEXAS 78363 jUs&fa--' TELEPHONE 502-Mie HOECHST-CELANESE CORPORATION ENGINEERING PLASTICS DIVISION P.0. Box 428 Bishop, Texas 78343 September 5, 1989 ATTN: Hr. Herrick Saucier REs 1989 Haintenance and Construction Services Agreement dated 5/1/89 s Arthur Brothers, Inc. Proposal dated 8/15/89 Dear Herrick: Please -find herewith enclosed, as per attached EXHIBIT "A", our current proposal -for Mage rate increases for your Bishop facility. P-lease note that Arthur Brothers, Inc. has added a new class description of MHechanic SA~ to our previous class descriptions. The class description Mill cover 1 specialized crafts, i.e. heliarc combination nelders, or such crafts Mhich, due to general area conditions and morkload, are in short supply. The Mage increase reflects a 6.52Z increase over current levels in our top craft description. Other rates have been increased from 2.08Z at the loMest level (SC Classification) on a progressive basis to 4.35Z (HA Classification). The rate increase proposal, if accepted, represents an overall 4.41Z increase based on our current staffing levels and a 40 hour Mork Meek. See attached PAY RATE ANALYSIS, dated September 5, 1989. Arthur Brothers, Inc. has also increased the high end of our salaried scale for our ~Superintendent* classification by a factor of 10Z. Please beloM, us. acknoMledge your acceptance of this proposal in the space provided keeping the original for your files and returning a signed copy to Thank you for your consideration in this matter. Very Truly Yours, 16535 Bishop EXHIBIT "A" Effective date - September 18, 1989 Page 1 of 3 fti>iHifieationB and Eax Rates A. Salaries Superintendent General Foreman Foreman Rangff 40,000/60,000 31,500/45,000 26,000/36,500 B. Hourly Bates 1. General Administrative Assistant Technician 9.00 - 11.00 12.00 - 20.00 Mechanic SA Mechanic A Mechanic B Mechanic C Mechanic D 12.25 12.00 11.36 10.72 10.29 Utility A Utility B Utility C 9.80 9.40 8.99 Helper A Helper B Helper C 8.59 8.19 7.79 Utility Service A Utility Service B Utility Service C 7.29 6.80 6.49 Service A Service B Service C 6.09 5.80 5.40 Clerical Field Buyer Leadnan Temporary Foreman 3.50 - 9.50 9.00 - 11.50 .50 above craft supervised 1.00 above craft supervised -1- 165S6 Page 2 of 3 Bishop EXHIBIT ~A" Effective Date - September 18, 1989 2. Warehouse Hotating Shift Utility Service A Utility Service B Utility Service C 7.63 7.14 6.83 Service A Service B Service C 6.43 6.14 5.74 St-- Dax. 7.29 6.80 6.49 6.09 5.80 5.40 3. Engineering Engineer Draftsman Estimator Planner/Scheduler 12.00 - 30.00 6.00 - 20.00 6.00 - 20.00 6.00 - 20.00 St., Evening 7.63 7.14 6.83 6.43 6.14 5.74 C. Premium Hourly. Sates Premium Hourly Bates shall be paid at the rate of One and one-half (1-1/2) the employees Standard Hourly Bates. Premium time shall be defined as all hours worked in excess of eight hours (8) in a work day or in excess of forty hours (40) hours in a work week. D. Ear Practices. (1) Holiday, Sick Leave, Vacation and Jury Duty. The following shall be recognized hereunder contractor-s Holidays. July 4 Thanksgiving Labor DAy Christmas a (a) Hourly Employees - Company shall pay Contractor for any such holiday at 1-1/2 times the standard time pay rates however. Contractor shall not be paid for hours not worked, such as any illness, vacation or jury duty, for any of Contractor"a hourly employees except with the written approval of the Company representative. -2- 16597 Page 3 of 3 Bishop EXHIBIT "A" Effective September 18, 1989 (b) Salaried Employees - Company shall pay Contractor for all salaried employees at a weekly rate of 1/52 -their annual salary except for sick leave which extends beyond three (3) days, all vacations and the four recognized Contractor holidays. (2) Call Qul Eax. Company shall pay contractor for work on a "call our" basis at Company's request, outside the Contractor's employees regular scheduled shift at 1-1/2 times standard rate for hours actually worked; however, if work extends into regular hours, then call out pay applies only to hours worked outside the regular scheduled shift. If Contractor"s employee called out works less the four (4) hours and hours worked do not extend into the regular shift, Contractor will be reimbursed for four (4) hours at the standard rate or for fours actually worked at 1-1/2 times the standard rate, whichever is greater. (3) Shaa On Pay Company shall pay Contractor tow (2) hours "show up" pay, at the standard rate, for any contractor employee who reports for his regular scheduled shift but .is prohibited from working for any cause beyond Contractor's control. -316598 Claes Descriptions and Qualifications Mechanic SA,^ Skilled, experienced, capable and responsible to perforin all phases of one or more crafts. This craft designation shall be used as top rate to attract those specialized crafts, i.e. Heliarc combination welders, or such crafts which, due to general area conditions and workload, are in short supply. Mechanic A^ Skilled, experienced, capable and responsible to perform all phases of one or more of the fallowing crafts: Instrument Mechanic, Electrician, Machinist, Pipe Welder (carbon & alloys). Pipefitter, Rigger, Boilermaker, Equipment Operator (heavy), Diesel engine mechanics,Insulators, Painter, Carpenter and Iron Workers Mechanic B-- Gradient of Mechanic A. Skilled, experienced, capable and responsible to perform all phases of one or more of the following crafts: Carpenter (rough). Painter (brush), Pipe Welder (carbon), Iron Worker/Welder (Structural), Iron Worker (rebar). Mechanic L_ Gradient of Mechanic A & B. Skilled, capable, and responsible to perform as craftsman with moderate experience. Mechanic U Gradient of Mechanic A,B & C. Capable and responsible to perform as craftsman with minimal experience. Utility A Positions demanding considerable skill and responsibility i.e.. Tool room attendant, Water blaster, Warehouse receiving clerk. Equipment operator (light), Dispatcher, Gauger, Etc. Utility, S Gradient of Utility Man A. Utility. 2. Gradient of Utility A & B Page 1 16599 ARTHUR BROTHERS, INC. HAGE RATE ANALYSIS HOESCHT-CELANESE CORPORATION - Bishop Facility Saptaabar S, 1999 CURRENT LEVELS PfiO.ZQSJ. LVAS Classification Currant Currant Currant Proposad Proposad Proposad Numbar Hrly. Pay Tot. Pay Numbar Hrly. Pay Tot. Pay Hourly Foraaan Asst. Foraaan SA--Laadaan SA HA-La adman HA HB--Laadaan MB HC HD *UA-Laadaan UA UB UC HA HB--Laadaan HB HC-Laadman HC USA-Laadaan USA USB use SA SB SC 4 2 0 O 6 87 1 29 " 14 8 1 3 2 6 14 5 15 2 15 16 23 11 24 4 18 38 12.50 8.59 .00 .00 12.00 11.50 11.40 10.90 10.30 9.90 9.95 9.45 9.07 8.69 8.32 8.44 7.94 8.06 7.56 7.59 7.09 6.62 6.33 5.95 5.67 5.29 50.00 17.18 ,oo. .00 72.00 1000.50 11.40 316.10 144.20 79.20 9.95 28.35 18.14 52.14 116.48 42.20 119.10 16.12 113.40 121.44 ~ 163.07 72.82 151.92 23.80 102.06 201.02 4 2 6 21 0 66 1 29 14 8 1 3 2 6 14 5 15 2 15 16 23 11 24 4 18 38 13.25 8.79 12.75 12.25 12.50 12.00 11.86 11.36 10.72 10.29 10.30 9.80 9.40 8.99 8.59 8.69 8.19 8.29 7.79 7.79 7.29 6.80 6.49 6.09 5.80 5.40 53.00 35.16 76.50 257.25 0.00 792.00 11.86 329.44 150.08 82.32 10.30 29.40 18.80 53.94 120.26 43.45 122.85 16.58 116.85 124.64 167.67 74.80 155.76 24.36 104.40 205.20 TOTALS 348 3042.59 348 3176.87 CURRENT AVERAGE HOURLY PAY * 3042.59/348 m $ 8.74307 par hour PROPOSED AVERAGE HOURLY PAY 3176.87/348 *m 9.12893 par hour PER CENT INCREASE 3176. 87/3042.59 X 100 4.41334 Z 166(31 BID SUMMARY Straight Time Waees Mundv FD ABI Payroll insurance, taxes, benefits 22.68%(a) 19.61%(a)(b) 26.7%(c) Offsites, indirects, 10.0% profit and overhead Benefit wage cost 3.53% 11.9% 3.02% 8% (< $8MM) 7% (< $12MM) 6% (jg $12MM) > Included Above Workers Compensation Included - Above Fee to supervise 0.0% other contractors 8.02% 2.5% Included Above 0.0% Total straight time fee 36.21% 45.05% 34.7% 33.7% 32.7% Premium Time Wages Payroll Taxes Fee Total 8.13% 0.00% 8.13% 11.01% 0.00% 11.01% 7.5% 1.0% 8.5% a) Not including benefit wage cost b) Not including workers compensation insurance. c) Includes ~ 4.3% SUI and ~ 6.4% FUI billed quarterly. 1S8Q2 PROCESS Evaluation of Maintenance Contractors by Site Representatives WHY * Current contract with ABI expires April 30, 1989 * Potential Regional and National contract cost benefits Concern about Arthur Brothers 3 financial stability /9&s~ V client base - organizational growth employee development GOAL * Select the lowest "total cost" contractor 166(113 EVALUATION DEVELOPMENT PROCESS Organized evaluation team " ^ ' A,f\) Identified potential contractors - 7 Appraisal visit with each contractor Contractors rated " ^ FP Identified contractor bid list - 3 ^ \ /v p. ^ ' > Evaluated contract bids Selected contractor of choice Reviewed and revised contract "**<}' ^ 16604 RECOMMENDATION Contractor of Choice: Mundy Company REASONS ABI bid - profit questionable Skill mix management-- t~t!es*o 'Tr^-yC. \ 'ifis&z - Productivity / jj Current client base Organiz^fonal growth *4-0% tf&*~ Employee development 166Q5 TRANSITION PLAN Action Item Date * Bishop decision , 4/5/89 * Bishop Facility Management decision communication - EPD management - Facility Managers Texas sites - T.R. Shandley 4/5/89 to 4/9/89 - Arron Starks 4/10/89 * T.R. Shandley notify Mundy . * Texas sites contractor(s) decision announcements 4/10/89 - Arron Starks to ABI - HR to Hoechst Celanese - Mundy representative on-site 4/11/89 to ' 4/14/89 * Execute Mundy transition plan * Mundy assumes new contract 4/11 thru 4/30/89 5/1/89 16606