Document qkKL31VrV5Jn2ZLZj18EJQE9E

1958-1959 AGREEMENT | BETWEEN : STANDARD OIL COMPANY ,; OF TEXAS ii AND INTERNATIONAL UNION OF i OPERATING ENGINEERS LOCAL UNION NO. 552 y (A. F. of L.) j- AND 4 (C. I. 0.) EL PASO, TEXAS 68 7227 INDEX XI Notices, Procedure for Handling ............................................... 23 Wage Schedule Operating............ 24 Wage Schedule Mechanical and Filing & Shipping................... 25 Progression Chart: Maintenance & Storehouse.... 26 Operations ...................................... 27 Progression & Transfers Operating Division ...................... 28 W I AGREEMENT Between STANDARD ODD COMPANY OF TEXAS AND INTERNATIONAD UNION OF OPERATING ENGINEERS LOCAD UNION NO. 552 THIS AGREEMENT is made and entered into this 13th day of May, 1953 between Standard Oil Company of Texas, with a refinery at El Paso, Texas, herein referred to as the "Company," and International Un ion of Operating Engineers, Local No. 552, herein referred to as the "Union." WITNESSETH: RECOGNITION OF UNION The Company recognizes the Union as ex clusive representative of all employees of the Company's El Paso Refinery except Laboratory, Clerical, Supervisory, Adminis trative, and Technical, for the purpose of collective bargaining with respect to wages, hours and. other conditions of employment, subject to and in accordance with the provi sions of the National Labor Relations Act, amended by the Labor-Management Rela tions Act. ARTICLE X PERIOD OF AGREEMENT AND WAGE CLAUSE NEGOTIATIONS A. This agreement shall be effective as of March 1, 1958 and shall remain in effect until February 28, 1959, and shall be auto matically renewed for consecutive periods of one (1) year each thereafter, unless either party shall notify the other in writing, of its intention to terminate the agree- 1 CHEV B8 7228 ment, 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 writing, at least sixty (60) 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 agreement, and the serving of such notice shall have the effect of annulling- the said article if no agreement is reached within sixty (GO) days after the termination date of the agreement. The remainder of the contract shall be automatically renewed un less notice is given of intention to terminate the entire contract as hereinabove provided. B, 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 contract year; and negotia tions shall commence within thirty days after notice has been given. Any agreed changes which may result from such ne gotiations shall be effective on the date mutually agreed upon. ARTICLE rr WORK DAY, WORK WEEK AND WORK SCHEDULES A. A regular work day shall consist o eight (S) consecutive hours in any calendar day, except that for employees whose shifts start at 11:00 p.m., 7:0n a.m., or 3:00 p.m., the work day shall commence at 11:00 p.m. on the preceding calendar day, whether paid at straight or premium rate, exclusive of lunch periods. The lunch periods for regular day workers will be from 11:30 a.m. to 12:00 noon, when consistent with the work on hand. The Company shall allow a five A' ; 'At (5) minute period prior to the lunch period for the day workers to stop work, clean up and travel to the. lunch area. The normal shift for regular day workers will be No. 2 Shift, 3:00 a.m. to 4:30 p.m. B. A work week shall consist of seven (7) consecutive days, commencing at 12:01 a.m. Monday, except that a work week for em ployees scheduled to work the 11:00 p.m.. 7:00 a.m., or 3:00 p.m. shifts shall consist of seven (7) consecutive 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. No employee shall work less than a regular weekly work sched ule. In determining the regular weekly work schedule, excused absences (such as sickness, personal leave, etc., whether paid on unpaid) on regular scheduled work days shall count as days worked. The Company will establish and post regular weekly work schedules, consistent -with operating require ments, to permit consecutive days off. ARTICLE III WAGE RATES. OVERTIRE AND EXTRA COMPENSATION A. Wage Rates, . Exhibits, Shift Dif- lerentials . 1. Wage rates shall be those for work performed in the Company's present job classifications, set forth as Exhibit "A", or any wage rate or classification mutually agreed , to hereafter. 2. a. Where an employee works in two classifications In one day, and works less than a half day in the classification carry ing a higher rate than the classification CHEV B8 7229 in which he works the balance of the day, he shall be paid 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 classification in which the balance of the day is worked, he will be paid a full day at 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 where he might otherwise have continued to work at the higher pay. This is not intended" to apply to changes from a higher to lower classifica tion occasioned by the normal fluctuation in work. . . - 3. An employee promoted to a higher classification shall be paid at 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 ap plicable to those jobs, dependent upon the time thus worked. The principle outlined in paragraph 2.a. will be used in determin ing whether they will receive pay for onehalf of a day or full day at the highest rate on each day of broken time. Section seniority within the group working on the specific job involved, and ability shall be followed in selecting these men. B. Overtime, Extra Compensation and Other Premium" Pay 1. a. Overtime rate CIV2 times the regular rate), except as specified below in b. and c., shall be paid for all work performed out mi side of or in excess of the regular weekly work schedule "K" time.) b. Overtime rate (2 times the regular rate) shall be paid for: (1) All hours worked in excess of 16 consecutive hours; i.e., beginning on the 17th consecutive hour ('TC-IT' time). (2) All hours worked on the second day off, where a minimum of four (4) hours on the first off day is also worked, and these off days are; consecutive calendar days but need not fall 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 the same day, except for employees whose shifts start at 11:00 p.m., 7:00 a.m. or 3:00 p.m., for whom both off days will start at 11:00 p.m. and end at 11:00 p.m. the next day. , c. An employee who is called out to work and who reports for such work, shall receive a minimum of four (4) hours pay at straight time rates, or time-and-one-half for work performed, whichever amount is greater ("Q" time); except that he shall be paid at double-time rate where b. above applies. 2. a. Extra compensation (V2 times the regular rate) shall be paid in addition to the' regular rate, for hours worked on a regular, scheduled work day, under the following conditions: (1) For the first shift scheduled to be worked and worked in a rearranged work schedule without 40 hours notice prior to the start of the first shift changed ("M" time). (2) Time worked in excess of eight (8) hours in any twenty-four period, other than - \!l overtime as defined in I.a. and b. above ("N" time). " C. Distribution of Overtime . t. An effort will be made to distribute overtime equally among employees quali fied in the classification in which the over time occurs. Any employee who is to be absent from his assigned shift will notify the Company as far in advance of such ab sence as possible. When processing opera tions are temporarily halted for the shift on which the regularly assigned employee fails to 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 fol lowing procedures will be observed: a. The operator handling the job on the shift preceding the vacant shift will be asked to work the additional 3hift. 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 willing to work the other half. This provision will not apply: (1) Where the operators referred to above have worked more than twelve (12) hours in the preceding twenty-four (24) hours, or (2) Where the operators referred to above have already worked the afternoon shift on their, first scheduled &a.ys off in their regular weekly work schedules, or (3) Where the Company has more than eight (8) hours' advance notice of the absence, or (4) Where there is an operator on the vacated shift who can be made available tmd who is qualified to relieve any job that will provide relief for the vacancy. r "(5) In either (1) or (2) or (3) above, the Job will be filled with an employee in the same classification when such qualified em ployee is available, having the least amount of overtime to his credit. D. Overtime Meals 1. When employees are required to work overtime more tha2i two (2) hours beyond their regular scheduled quitting time, meals at the Company's expense shall be con sidered due upon the completion of the first two (2) hours of such overtime and at in tervals of each four (4) hours o.f continuous overtime thereafter. The cost of meals so provided shall not exceed $1.50 each. 2. When it is definitely known in ad vance that an employee will work over six hours overtime, Company may provide him with one meal not to cost over 3.00 in place of two separate meals at 1.50 each. Company may also, at its option, provide employee with a meal allowance of 1.50 in place of the meal. 3. When the meal is furnished by the Company for Maintenance personnel, a work stoppage of thirty (30) minutes, at Company's expense, will be allowed for eating. . ARTICLE IV SENIORITY . based on the date of entering the service ' of the El Paso Refinery; and 2. Section seniority, which shall be based on the date Company assigns an employee to a definite section as defined in thin article. , B. For the purpose of this article, tie recognized refinery sections are: 1. Light Oil 2. Stocks & Utilities 3. Catalytic Cracking* 4. Thermal Cracking . 5. Filling & Shipping 6. Storehouse 7. Electrical & Instruments 8. Machinist and Tool Room _ 9. Welding 10. Pipe Fitting, Boiler Making and .Miscellaneous .. ARTICLE V PROMOTIONS, DEMOTIONS, LAYOFFS AND REHIRINGS . (Attached to and made a part of t.hla agreement are "Exhibit B," Job Progres sion Chart -- Maintenance -- Storehouse, and "Exhibit C," Job Progression Chart -- Operating Sections, showing job classifica tions and the normal progression and re gression paths between, the various classifi cations and groups of classifications.) A. Promotions . 1. All promotions, demotions, placement of men displaced by job terminations, and all filling of permanent vacancies shall be based on seniority and ability. It is the in Wk. to give every employee an opportunity 8,to .pMrotrgrrAeCssfi into higher jobs in line with his HisBlority. It is mutually recognized, howIfeswr. br the Company and the Union, that must be .given consideration in all !BCiJ moves. Thus, there may be individuals Ir^ho, thru lack of knowledge, skill or efIfaclency on the job, are not capable of EiftandUng the higher skilled jobs, but who Sara capable of satisfactorily handling some "Slot .the Intermediate or lower jobs, K'j'jj 2. When an employee is not progressing rear performing his work in a satisfactory j?5 enough manner, he will be so informed. II When a promotion is made and the erafi-ployee promoted is not the highest on the 5? section seniority list of the next lower ap?V pllcable rate classification, any employee =if higher on such rate classification and eligii? bie for consideration for such promotion iL.-irtll be advised by management (in ad& y<nre when possible) why such employee gC'tvas not selected for such promotion; ex cept that this notification shall not be 'ffr necessary in the Operating sections for pro gs motions made In accordance with "Exhibit H c," Job Progression Chart--Operating Secfe Hons. K '"3. An employee promoted to a higher job rI. and falling to perform satisfactorily on it, will be allowed to return to the job pre.t; viously held by him, without loss of senioriS fy 'rights. This will not preclude the em ployee's right to promotion to some other Jobs which he is capable of performing. *",4. Where emloyees are temporarily trans ferred or assigned to areas or organizations outside of the bargaining unit, they shall he allowed to return within a 2-year period to the job that their seniority and ability 9 .-V, / CHEV B8 7232 *miu would have entitled them to, had they , mained in the refinery organization. 5.In the Maintenance Division, promo . tions from Helper "B" to Helper "A" anff|| from Mechanic "B". to Mechanic "A" aia^l to be made solely on the basis of refinery?? service and not on the basis of performance"^ of a higher or different classification of' work. Helpers "3" will be promoted to "i Helpers "A" upon the completion of tweivo (12) months of service in the Refinery , Maintenance Division. Mechanics "B" will ".j be promoted, to Mechanics "A" upon the ' ' completion of: . " a. 12 months of service as Mechanic "B," and . . itf'-i b. 60 months of service in the Refinery ''"i Maintenance Division, including any service as Mechanic "B." . .. 6. a. The Company will maintain a miiiir* "S| mum of 60%, overall Mechanic to Helped,ii ratio in the Maintenance Division, provide^ ' ' there are Mechanic Helpers who are quail- fied to be Mechanics. ,' b. Mechanics "A" will be promoted to Senior Mechanics upon completion of IS years' refinery service, providing the num ber of Senior Mechanics does not exceed 10% of the total number of Mechanics. B. Layoffs and ReEirings 1. Layoffs for lack of work, and rehirings shall be based on refinery seniority. 2. Regular employees with less than on year's continuous service, who are laid off for lack of work, will have continuous servy ice if rehired within 13 weeks after the last day worked. > 3. Regular employees with more than tJP Y? $ ^frear and less than five years of conservice, who are laid off for lack %(r' Twbrk. wRI have continuous service if "SSill&ttsa within 26 weeks after the last day 'f t^Reguiar employes with more than five U.V- of continuous service, who are laid t'for lack of work, will have continuous rice If rehired within one year after the day worked. case of re-employment, employees yho' have been laid off shall be notified _ (registered letter at their last known liiSdresa, in order of their refinery seniority a"TS,'qualified men, to report for work. In "("event any employee so notified shall to report for work within ten 'days ' date of notice, such employee's seniority _ ..be terminated, provided he is not pre^hted from reporting because of sickness, aith, or emergency involving himself or fir immediate family, and so notifies the .Smpany within five days. This does not |W to men who are replacing men in the iltary service. Under emergency condions, temporary men may be used until bnner employees on the rehirins lis't have aported for work. G. Demotions In making demotions because of eur.ent of work and not because of an jployee's deficiency, position on the secin seniority list shall control within each on and the employee with the least jggfction seniority in each rate classification PfetTected shall be the first demoted from rate classification to the next lower ap- Icable rate classification, provided the aployee who displaces him is qualified .... n CHEV B8 7233 for the work and except that the Company may retain a sufficient number of qualified men on necessary operations to permit con tinued efficient operation. Such demoted employees shall be placed to the top of the section seniority list of the rate classifica tion to which demoted for consideration in case a promotional opportunity develops in the rate classification from which demoted. 2. If an employee being1 demoted because of curtailment of work has previously 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 qualified 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 bottom of the rate classification to which transferred, except that in event of layoffs because of lack of work, in the new section, the transferred employee shall retain his position in the new section according- to his refinery sen iority. - D. Inter-Section States 1. For the purpose of administration of Articles IV and V, all~employees will be assigned to a specific refinery section with in one year of date of employment in Com pany's Refinery. Section assignment will be made by Company based on work load, and Company's evaluation of employee's qualifi cations and preferences. The order of sec tion assignment will be based on seniority and ability, as provided in Exhibits B and C. Section assignment as stated here shall not in any way interfere with Company 12 ,>w___ having employee do any type of refinery work that in Company's Judgment he can . 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 dating from the date of entering the new section, and he will relinquish all seniority in the former section. 3. Temporary inter-section transfers may be made, for short periods of time. Com pany records will clearly indicate the tem porary nature of such transfers. The em ployee will not acquire section seniority in the new section nor lose acquired section seniority in his regular section. If any tem porary transfer is later made permanent, Company records and the seniority list will so Indicate, and the provisions of paragraph 2 above will apply, except as provided in the last sentence of paragraph 1, section C above. ARTICLE VI VACATIONS, HOLIDAYS AND FRINGE BENEFITS A. Vacations " Employees who have completed one year's service with Company shall be given two weeks' vacation with pay each calendar year. In the tenth calendar year and in each calendar year thereafter, employees will be given three weeks' vacation with pay. In the twentieth calendar year and in each calendar year thereafter, employees will be given four weeks! vacation with pay. Operating needs are controlling as to when a vacation may be taken. 13 a -' \ w- \i i .*.{' ,.syd . ,, .*r*J ,, , ^ - -tE; * * &1 * / a CHE]/ B8 7234 B. Holidays 1. The following holidays shall be observed: New Tear's Day Washington's Birthday Memorial Day Fourth of July Labor Day Veterans' Day Thanksgiving Day Christmas If any of these holidays falls on Sunday, the Monday immediately following shall be observed as the holiday. 2. Regular employees shall receive their regular pay for holidays observed, when such holidays fall on their scheduled work days. 3. Employees who work on such holi days, whether scheduled or unscheduled work days, shall receive pay equal to the straight time rate for the number of hours in their regular daily work schedule plus one and one-half times the straight time rate for all hours worked. For the purposes or holiday payments, holiday's will be con sidered as starting at 12:01 a.m. and end ing at 12:00 midnight on the days which are observed, except that for workers scheduled to work the 11:00 p.m., 7:00 a.m. or 3:00 p.m. shifts, holidays will be con sidered starting at 11:00 p.m. prior to the calendar day of the holiday and ending . at 11:00 p.m. 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. 14 ^S. If, during an employee's vacation periTtUFt&Br a recognized holiday occurs, he will be Sgited an extra day of paid vacation. The . Mcompany reserves the right to grant an . Ifasrtra. day's pay at the straight time rate , rtfla lieu of an extra day of paid vacation, in Pany case where it considers such action ^desirable from an operating standpoint, r*-"'.. C. Fringe Benefits , i/iS- 1. All benefit plans arranged by the Com . -pany for its employees generally shall be ' available to employees covered by this v '.agreement. The Company shall make infor mation concerning such benefits available .. ;to. the employees. 2A2. The Company will furnish to each em ployee having one or more years of service, an annual statement showing the employee's current status under the Siclcness-and-Non- Industrial-Injury Benefit Plan. . 3. Any employee required to be absent - `2during his regular working schedule on ac count of jury duty, or required to attend Court, or coroner's inquest, or to serve as a witness, shall be allowed the time off necessary to perform this service. An em ployee shall receive for the time he is thus absent, his regular pay and retain any fee that he receives for the performance of such service. . , ARTICLE VII ' " UNION ACTIVITIES A. Workman's Committee The Union shall create a Workman's Committee, composed of four employees, who shall meet with representatives of man agement at regular monthly Intervals for discussion of individual or mutual problems 15 " t----.. ........... and to dispose of questions arising under this agreement. Minutes of all such meet ings shall be kept and signed by all parties attending. One signed copy shall be fur nished for the use of the Union and one for the use of the Company. BKp^ffe'-AppHcant, if re-employed within said sc;"' `sorted of two years, will enter the job that Bh'vil.SCtL? seniority and ability would have en- him to, had he remained. in the re^ ------- organization. understood that all Company B. Union Leaves of Absence If plant conditions permit, leaves of ab sence without pay, of not more than four teen (14) days duration, (except where distances to be traveled require additional 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 four employees, provided that not more than two employees shall be granted a simultaneous leave. iWg&i'VjL; 'jffeenaSta. including life insurance, are susiuV.ii?90ded durins the period of such special --e of absence but will become operative Igssain upon re-employment with such serv- |fc0 accumulation attained at end of leave. j-'An D. Discrimination, Coercion or Intimida- "Js. `don ; l. There shall be no discrimination ** g.'.Tiialnst any employee with respect, to his &Sr ^^pSnndltlons of. employment because of his `Membership in this Labor Union, or on f; "a " - fjujcount of any activity undertaken in good C. Leave of Absence to Enter the Em ployment of the Union 1. If any member of the Union shall request a special leave of absence without pay from his employment with the Com 3S*feIth In his capacity as a representative of jr (Other employees. _ st-r 2. The Union, its officers and members . ^ 'ehaJl not intimidate or coerce employees '*'* ` into joining the Union or continuing their Membership therein. Neither shall the em pany for the purpose of accepting employ ment with the Union, the application of such member for re-employment, if made within two years from date of start of such leave, will be considered and accepted, on . the following conditions: a. That his physical condition shall not pSphave changed materially during the period , it . . ployer intimidate or coerce employees into .fjrithdrawing from. or refraining from join 5VSing the Union. ' '* E. Conferences during Working Honrs ^`Employees, with the approval of the Re - %nery Manager, may he permitted to con fer during working hours with representa- from date of such special leave to date of lives of either Union or management on mat- application for re-employment. 1 ters concerning employer-employee rela b. The request for a special leave of ab sence shall be in writing and shall state the purpose for which it is made and that the employee intends to apply for re-em ployment within two years. sum asnral tions without lass of time or pay. F. Bulletin Boards The Union shall have the privilege of maintaining for its exclusive use bulletin boards on the premises in places designated 17 .v- - ` CHEV B8 7236 by the Company, for the purpose of posting notices or bulletins. It is understood that nothing- of a controversial or political nature shall be posted on such boards. ARTICLE VUI MISCELLANEOUS AND GENERAL A. Clothing 1. Protective clothing, including welding gloves, sleeves and jackets, will be provided by the Company where needed for personal safety, or where destructive action over and above that encountered in the course of regular employment makes it necessary. 2. The Company shall furnish the em ployees with an average of up to four pairs 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 Un ion Dues Employees covered by this agreement may authorize the Company in writing on a suitable form to deduct the regular month ly dues of the Union from their wages, and Company shall remit same to the secretary of Local Union No. 552 not later than two weeks after the end of the first payroll period in each month, to cover the dues for the following month. Employees may at any time revoke such authorization by giving the Company written notice on a suitable form, a copy of which will be sent to the Union. J i C. Payroll Deductions for Savings - Upon written request of the employee, using Form TXM-519, the Company will IS payroll deductions from that em ployee's earnings and deposit this money the employee's share account with the Standard El Paso Federal Credit Union, gnch say-roll deductions may be cancelled at any time upon written notice to the Com pany from the employee. '* D. Strikes and Lockouts U 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 negotiations relat ing to hours, days of work and/or wage rates as provided in Article I and no agreemeat is reached within ninety (90) days after receipt of such, notice, the "No Strike and Lockout" clause shall not be ap plicable thereafter with respect to disputes arising out of negotiations on these sub jects only; all other terms and conditions of this agreement shall remain In full force and effect. E. Smoking Areas Smoking privileges will be provided for all employees within the refinery. Smoking f'Mr areas for different departments will be des K ignated. Smoking is prohibited at all loca tions not specifically authorized by the Company. . F. Contract Labor The Company agrees that it will not con tract normal routine maintenance work within the refinery as long as the refinery has the necessary men and equipment avail able to perform_.su.oh work properly. G. Reprimands I. An employee will always be given a 19 'HEV B8 7237 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 an employee is given a final warning that further unsatisfactory con duct will cause dismissal, the management 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. He is to note on the Company's copy that he has received his copies of the record. H. Industrial Injuries An employee who is injured while work ing on an off day, and is unable to con tinue working, will be paid for the un worked -remainder of an eight (8) hour day at the rate of pay he was receiving at the time of injury. I. Miscellaneous 1. No ' employee shall, as an acknowl edgment of guilt, be required to write, or affix his signature to, any letter or printed matter which the Company may use as. a means of accumulating information for de moting or lowering his classification. 2. Any employee who accuses another employee of misconduct or mishandling of his duties shall be required to appear be fore the Workmen's Committee, the Mar.- . agement,.. and the accused to substantiate his accusation. 20 ARTICLE IX SETTLEMENT OF DISPUTES AND GRIEVANCES A. 1. Any employee who feels that he has been subjected to unfair or discriminatory treatment with respect to his conditions of employment as set forth in this agreement, shall promptly and personally, within ten days, attempt to adjust the matter with his Foreman or appropriate supervisor. This shall be done by a full and free discussion of the grievance, and the Foreman or ap propriate supervisor will investigate the cir cumstances, if not himself sufficiently fami liar with the case, and will call upon higher management, if necessary, to aid him. If at the conclusion of the discussion with his supervisor he is not satisfied, the employee shall so state and advise, his supervisor that he is taking the first step in presenting* a grievance. 2. Failing to reach a satisfactory under standing or adjustment, the- aggrieved em ployee within five (5) days thereafter shall present in writing his case personally, or thru the representative of the Union, to the Refinery Manager. The Refinery Man ager shall, within seven (7) days from the date o.f the presentation of the grievance in writing to him, give to the employee, it he presented his case personally, or to the representative of the Union if such repre sentative presented said grievance, the writ ten answer of the Company to said grie vance, and the representative of the Union shall notify the Refinery Manager in writ ing within seven (7) days from the date on which the Company's answer is' given, whether or not the decision of the Com- 21 pany on the grievance will be accepted, or whether said decision shall be arbitrated. S. If notice of arbitration is given, then the grievance shall be referred to an ar bitration committee consisting of three members, one to be appointed by the Un ion, one to be appointed by the Company, and the third to be selected by the first two. The Union shall appoint its arbitrator and notify the Company thereof, within sev en (7) days from the date of giving written notice at intent to arbitrate. The Company likewise shall appoint its arbitrator and notify the Union of its choice within seven (7) days from receipt of notice by the Union of its intent to arbitrate. The Company and Union wili equally divide the expenses of the third member, should any be incurred. 4. If agreement on the third arbitrator cannot be reached within fourteen (14) days, the Federal Mediation and Conciliation Service shall be asked to submit a list of five names from which the third arbitrator shall be determined by each party striking one name in alternate manner until only one remains. B. A majority decision of the Arbitra tion Committee shall he final and binding on all parties. In such cases, the Company and the Union shall furnish to the Arbitra tion Committee ail information in their pos session necessary to a full understanding of the subject matter of the grievance. - C. The arbitrators shall have authority only to interpret and to make decisions based upon the provisions of this agree ment; and shall not have authority to alter any of the terms of the agreement. 22 .4 a :3 ' 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 provisions hereof. ARTICLE XI Notices herein provided may be given by depositing the same in the United States mail in a sealed envelope, registered and postage paid, and addressed by one party to the other as follows: International Union of Operating Engineers, Local No. 5 52 7629 Parral Road El Paso, Texas Standard Oil Company of Texas P. O. Box 862 El Paso, Texas Attention: Refinery Manager IN WITNESS WHEREOF the parties have caused this instrument to be executed by their duly authorized representatives the day and year first above written. INTERNATIONAL, UNION OF OPERATING ENGINEERS, LOCAL NO. .5 52 " By C. J. McBride, Jr., President By F. W. J. Bishop, Secretary STANDARD OIL COMPANY OF TEXAS By M. P. Paret, Jr., Vice President 23 CHEV B8 7239 EXHIBIT "A" REFINERY CLASSIFIED OPERATING & MECHANICAL WAGE SCHEDULE OPERATING DIVISION Classification Head Operator A ................. Catalytic Cracker Thermal Cracker Crude Distillation Symbol Head Operator 8 .......... .....HOB Gas Recovery-Alkylation Pumping Therms! Cracker Head Operator C.................... Catalytic Cracker Gas Recovery-Alkylation Perco Desulfurizer High Pressure Boilers Platformer Gauging Operator A ............................ Catalytic Cracker Crude Distillation Gas Recovery-Alkylation Thermal Cracker Gauging Caustic Treating Operator B .......................... Catalytic Cracker Gas Recoyery-Alkylation Treater Operator C ................. Catalytic Cracker High Pressure Boilers Gauging Hourly Rate $3.0750 2.96S3 2.S625 2.3325 Daily Rate 524.60 23.75 22.90 22.05 20.78 18.66 . 24 MAINTENANCE DIVISION Classification Senior Mechanic ... Mechanic A ............... Stockman A............... Mechanic B ............... Stockman 8 ................. Stockman Helper A .. Helper A ........... .. Stockman Helper B ... Helper B ............. .. Helper C ..................... Laborer .......................... Hourly Rate Daily Rate 523.75 22.90 22.90 20.78 20.78 19.25 19.25 17.90 17.90 16.35 14.39 FILLING & SHIPPING Finished Stock Gauger .. Carloader Senior ............. 20.78 20.78 Carloader 3 ................... Helper C.............. .... <.. 19.25 17.90 16.35 Employees who work any time other than day shift will receive, in addition to the above rates, Sc an hour for the afternoon shift, or 16c an hour for the morningshift. Joe> P r o g r e s s io n ; C h 4 R T -M w m t e .md. kjce - S t q c e m q u s c EXHIBIT "C" PROGRESSION & TRANSFERS WITHIN THE OPERATING DIVISION All men hired for Operations will be hired at the Helper "C" rate. This rate will be effective for a period of 20 work days, except 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 for any OC work performed. After the initial 20 day work period, if the man is not working* in an OC classifica tion, he will be advanced to the Helper "B" rate. After having worked in an OC classifica tion, thereafter a man will be paid at the rate of his basic classification or at the rate of - the classification at which he is working, whichever is higher. An employee's basic classification or assignment is the classification in which he would be work ing full time provided there were no ab sences in classifications above for any rea son. Swing jobs in all cases are basically classified at the lower of the two swing classifications. For all periods of break-in or other train ing work, he will be paid at the rate of the classification at which he is breaking in or the rate of the classification in which he wrould have been working, whichever is higher. For the purpose of further training an employee in the next higher classifica tion as a refresher, a man in the higher classification may be assigned a job- in the next lower classification, and the man in the next lower classification assigned a job in the next higher classification. 28 During periods when there is a temporary surplus of Operating manpower, operators may be required to work in the Mainte nance Division. During this period they will be paid at the Helper "B" rate if their basic assignment, is in the Operator Pool, and will be paid at the rate of their basic assignment if their basic assignment is OC or higher. Permanent vacancies at the OC level will be filled by seniority from the Oper ator Pool. After receiving a basic assign ment in either of the combined progressional sections below the OA level, a man will remain in the assigned section except that during the month of November each year he may request a transfer to the other combined professional section and receive a new basic assignment below the OA level, according to seniority, as soon thereafter as he is able to qualify by ability to hold such basic assignment. . Men will be promoted to fill permanent OA vacancies (Light Oil, Stocks & Utilities. Catalytic Cracking, Thermal Cracking) from the OB level in the combined progressional section to which he is assigned, according to seniority and ability. After a man ac cepts a permanent basic assignment of OA in one of the four progressional sections (Light Oil, Stocks. & Utilities. Cat Cracking or Thermal Cracking), he will progress by seniority and ability only in that section. In the event he wishes to transfer to anoth er section, he may do so at any time by making a written request to the Company and by taking a basic assignment (OC) just under the youngest basically assigned OB 29 In that particular professional section, and progress in this relative position. Temporary vacancies of not more than 30 days duration, occasioned by illness, vaca tions, leaves of absence, etc. .will, when qualified men are available, be filled on the shift on which they occur, by vertical move ment within the plant, as indicated by the Progression Chart, which is a part of this Exhibit. When adequate qualified men are not available for such vertical movement, then changes in schedule shall be made to provide adequate qualified men. Schedule changes shall be made if neces sary to assure that the senior qualified man in each basic classification in each profes sional section shall, over a period of one contract year, receive substantially more shifts of work in the next higher classifica tion than any junior man in the same basic classification in the same profes sional section. In event of an anticipated vacancy in ex cess of 30 days in an established basic job due to reasons such as extended illness, leaves of absence or special assignments, such vacancies will be filled in accordance with the procedure used in filling permanent vacancies, without changing basic classifica tions. Permanent vacancies--Promotions to fill any job. above the OC level, when such job is permanently vacated, will be in ac cordance with seniority and ability, except that any man may request in writing to the Company that he remain in line of pro gression in any one plant in a progressional section rather than accept a job of higher 30 us** classification in another plant in the same professional section. When a man requests and is therefore given a permanent plant assignment, he for feits all future rights to a higher job in the same progressional section except the higher job in the plant in which he requests to remain. A man, at his written request to the Com pany, will be allowed to remain on any permanent assignment without progression to higher jobs. Lateral training at all levels in a pro fessional section will be given to all oper ators who agree to such training and who are satisfactorily performing their duties in their plant assignment. Such training will be done consistent with Operating require ments. Lateral movement between jobs within a progressional section will he made at rea sonable intervals when such movement is desirable from the viewpoint of both the man and the Company. 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. 31 & /U-AaA AGREED WORKING AGREEMENT CHANGES These agreements are made this 25th Cay cf September, 1958, effective 12:01 AM Wednesday, August 13, 1958, and 12:01 AM Wednesday, September 24, 1958, as amendments to that certain Working Agree ment between these parties, dated May 13, 1958, as follows, to*wifc; Effective 12:01 AM Wednesday, August 13, 1958, add to ARTICLE II. A; 1. Maintenance employees working a shift ether ,,than the day shift be allowed a 15 minute lunch period on the job site plus an additional 5 minutes for cleanup and travel tc their respective lunches on Company time* Add to ARTICLE III. B. 2.a: 2. Sines,, at times, it may be neces sary for the Company to schedule Mainten ance employees to work a shift which may extend from one calendar day into the next, the employees involved will be paid at the overtime rate for the hours worked on such employee's first off day. It is understood that, ir. the next Working Agreement, Arti cle II.A. will have to be expanded Co clarify the existing language Effective 12:01 AM Wednesday, September 2 4, 1958, add tc ARTICLE II. A: CHEV 3, In the event the work schedule of a Maintenance employee is changed aird his starting time on his new schedule is more than one hour sooner or later than the starting time under his schedule immedia tely prior to the change, he shall receive the extra compensation as provided in ART ICLE III. B.2.a,(1), Any change in start ing time of one hour or less shall not require notice cr payment provided in ART ICLE III, B.2.a.(1)..- . Add to EXHIBIT 'A'-. 4. For all shifts of Maintenance em ployees starting or ending outside the hours of 7:00 AM to 5:30 PM, the applic able shift differential shall be paid. Applicable shift differentials are os fellows: 8<t per hour from 4:00 PM until midnight, and 16$ per hour from midnight until 8:0Q AM. Shift differential shall not be paid Maintenance employees whose regular day begins and ends between 7:00 AM and 5:30 PM or for unscheduled c.ontinuous hours worked beyond their regular day shift quitting time. Add to ARTICLE II. A: 5.. Should four or more hours of any regular work day for Maintenance employ ees fall outside the hours 7:00 AM to 5:30 PM, a lunch period shall be provided cn Company time, as stated in the Stand ard Oil Company of Texas' letter to the