EXHIBIT A
August 1, 1969
Mr. Tommy D. Mayfield International Association of Machinists and Aerospace Workers, Lodge No. 1720 c/o GAF Corporation Calvert City, Kentucky
Dear Mr. Mayfield: This will acknowledge the understanding reached between the parties on Wednesday, July 23, with respect to time off for vacations.
The Company agrees that employees who are required to take their vacation during the regular vacation shutdown and who subsequently desire time off not to exceed two weeks for personal reason shall be granted a leave of absence for this period provided production requirements are such that a leave of absence without pay can be given at a time mutually agreed to.
Very truly yours, GAF CORPORATION Frank J. Harold Manager, Personnel Relations FJH:rgc Cc: Mr. J. R. Gray Mr. Olan Long Mr. J. G. Piccoli File
12-2-95
Minor Maintenance
Operators may be required to perform minor maintenance to the equipment under their charge and maintain such equipment in good operating condition at all times, provided that the work is in the general operating area, involves the use of simple tools and skills, and is safe for the employee to perform. Such maintenance functions have been described by the examples below. This is not intended to be all inclusive, but is intended to be representative of the kinds of work operators can be expected to do.
1. Tightening of valve packing and tightening of loose bonnets to stop leaks. 2. Tighten and adjust packing on agitators and pumps. 3. Add oil to pumps, gear boxes and blowers. 4. Change gaskets on manways to kettles. 5. Temporary wrapping of lines, instruments, and valves to prevent freezing. 6. Add ink as needed to instruments or change ink cartridges. 7. Unplug lines to gauges and pumps.
8. Hammer blinds. 9. Tighten unions; no replacement of unions. 10. Break and unplug transfer lines (quick coupling lines only). 11. Change/install gauges where modification of piping is not required. New installation of gauges by maintenance only. 12. Tighten flanges as needed, excluding plastic lines, high pressure lines, steam lines, and product lines that are grounded. 13. Bandaid up to three quarter inch lines that can be reached from the ground. 14. Replace gaskets on sparkler filters, dual strainers, and FulFlo filters. 15. Changing of light bulbs and panel lights. 16. Miscellaneous painting (during scheduled unit/annual shutdown).
performance of their duties. The types of tools that operators will be expected to use have been described by the examples below. This is not intended to be all inclusive, but is intended to be representative of the kinds of tools operators will utilize in the performance of their duties.
1. Open/box end wrenches 2. Channel locks 3. Crescent wrenches 4. Screw drivers 5. Snake for quick coupling lines 6. Hammer 7. Pipe wrenches
MEMORANDUM
To: Joe Sills From: Joe Martucci Subject: Twelve Hour Shifts Date: 11/17/95 The Company and the Union have agreed to extend the current Twelve Hour Shift Agreement until 12/7/95. The intent of this extension is to continue the twelve hour shifts until the expiration of the current contract.
At the implementation of the new contract the current shifts will remain the same unless either party requests a change under the terms negotiated.
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12/07/01
Revision
1995 Collective Bargaining
Twelve Hour Shifts Memorandum of Understanding
Twelve (12) hour shift schedules for employees assigned to 7 day twenty four (24) hour rotating shifts will be made available as follows:
Twelve (12) hour shifts may be established and considered separately by the following groups:
1. Batch Area 200, 315 and 334 buildings 2. Continuous Area North Control, South Control and MVE 3. Specialties Area 236 and SRU 4. Utilities Area 5. Maintenance and Laborers 6. Laboratory 7. Material Handlers 8. Tank Car Unloaders 9. Gantrez 240 Building
In each of the above groups a 66&2/3% favorable vote is required to establish twelve (12) hour shifts. Likewise, a 66&2/3% vote is required for employees to elect to return to eight (8) hour shifts. The Company retains the right (the Company will delete the following from this proposal with the understanding tha Changes from one shift schedule to the other will require a transition period of up to three (3) months. Manning changes which result in workers being reassigned to rotating shifts may trigger a vote to change shift schedules.
Hours of Work. Work day begin at 5:50 am and the work week begins at 5:50 on Monday.
Management will request and require all unit/area/department employees t one specified time (between 6:00 and 6:30) for periodically scheduled events such as training, safety meetings, POG meetings, communication meetings, etc. for the employees in the affected unit/area/department.
Wages. The hourly wage rate for employees assigned to twelve (12) hour shifts will be adjusted due to the requirement to pay overtime over forty (40) hours in a scheduled work week. This adjustment in wage rate will result in no significant gain nor loss of earnings for employees.
Hours worked above schedule during the work week will be paid at the unadjusted rate per the overtime provisions of the agreement, including overlap pay.
Holidays. Covered employees will be paid eight (8) hours at the unadjusted rate if they do not work the holiday. Employees who work the holiday will also receive 1.5x the unadjusted rate
for twelve (12) hours and 2x thereafter. Hours missed due to an operating unit shutdown will count for calculating possible overtime.
Jury Duty will be paid at the adjusted rate. Employees released by ten (10:00) a.m. shall work the following night shift if scheduled.
Funeral Leave will be paid at the contract rate of a maximum of two (2) scheduled days.
Vacation. All time off will be converted to total hours. A person who takes a full week of vacation during a 36 hour week will be paid 36 hours paid per the contract. A person taking a full week of vacation during a 48 hour week will be paid 48 hours paid per the contract. Hours left may be scheduled in four (4) hour increments
Overtime. 12 hour shift coverage will be offered to the adjacent shifts in 6 hour increments, after the off shift operators have been offered a full shift of 12 hours and the 6 hour increments, respectively. No employee will be required to work back to back 18 hour shifts.
Overtime Charging. Hours offered and refused will be charged to the maximum an employee could have worked.
Disability Pay. Employees on twelve (12) hour shifts shall be considered as having worked five (5) days for their scheduled week under Article XIV.
memor12/db
1-8-2008
Memorandum of Understanding Plant Overtime Charging An employee will be charged on the overtime list while on vacation, union business, schools/training, jury duty, funeral leave, S&A and leave of absence. Exception is the labor list.
An unanswered call for overtime scheduling will be considered the same as hours refused for tracking purpose re that their front-line leader and department management have their current phone number/contact information. memor12/db 1-8-2019
1995 Bargaining Company #29 Random Drug Testing
Statement of Policy
Due to the level of risks associated with the operation of ISP (ISP Calvert City) and the need for all employees and other persons conceivably at risk to feel secure with respect to those
1. ISP supports sound treatment efforts and encourages employees dependent on drugs to voluntarily seek qualified rehabilitation treatment prior to being randomly selected to submit to a drug and/or alcohol test. Even if an employee seeks assistance through the Employee Assistance Program in a timely manner, he or she may still be disciplined for violations of company rules or policies which otherwise provide an independent basis for disciplinary action.
2. job performance, the safety of fellow employees, the equipment, the work location and the surrounding community.
3. ISP has a policy to prohibit the use of possession of, and the sale or transfer of, and employees having illegal drugs and/or alcohol in their system on company premises. This prohibition includes employees and subcontractors as well. ISP further requires compliance by all employees with all applicable laws relating to alcohol and drugs while on company business.
4. This policy provides for random drug testing and is intended to supplement current company policy now in effect.
5. Any employee who tests positive for illegal drugs or alcohol, refuses to submit to testing, fails to cooperate with testing, will be subject to a suspension without pay Agreement and complies with its requirements, including those relating to the Employee Assistance Program and Alcohol or Drug Misuse counseling, treatment, or rehabilitation. If the employee declines to sign the Last Chance Agreement, then the discipline shall be termination of employment.
6. As used herei -affecting substances such as narcotics, depressants, stimulants, and hallucinogens, and includes marijuana. It also includes all drugs which are not legally obtained and those which are legally obtained but which are not being taken as prescribed by a physician.
7. Within certain specific limits, benefits for the treatment of drug dependency, including hospitalization, periods of disability, and rehabilitation are provided to employees under ISP benefit plans.
Coordination of Policy
City Plant Manager.
Random Drug Screening Program Definition
1. Frequency: Random drug screening will occur in such a manner that, within a twelve month for the presence of illegal drugs.
2. Method of Choosing Who is Tested: nd non- union, will be randomized and assigned a number via computer (blind list) under the direction of the Manager of Human Resources. At any testing, a number of Plant, will be chosen from the blind list and tested during the same day they are chosen. In the event that a chosen employee is not on- will be discarded for this test only and another will be chosen in their place.
The Local Union President or designee may be present at the selection of names of employees prior to the test. Results of the test will be reported to the Manager of Human Resources, who will inform both the union President/designee (in the event of positive results for bargaining union employees), and the employee who was tested as soon as possible.
3. In the Event of a Positive Test: The employee will be interviewed by the Manager of Human Resources. Where applicable, employees may have a Union representative present and they will be advised of this right before the interview begins. Disciplinary action will be considered up to and including discharge depending on the specific circumstances and background.
If the employee retains employment with ISP they will be subject to periodic random testing at the discretion of the Company. Refusal to submit to further testing on this basis will result in immediate discharge.
Refusal to seek help from the EAP and/or comply with any prescribed treatment program will result in immediate discharge.
It does not affect the current substance abuse policy.
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1/8/05
2005 Bargaining Company Position Tank Wagon Connection/disconnection
The responsibility of connecting and disconnecting tank wagons used as temporary storages will transfer to the production personnel (area using the temporary storage) upon the completion of the 250 Warehouse/Track Tank Wagon Servicing Station. Connecting and Disconnecting includes all connections (i.e., transfer hoses, H2O, N2, steam, ground strap, etc.) Temporary storages include any tank wagon a production area is transferring in to or out of (from/to the production unit).
12/2/95
2005 Bargaining Side Agreements
All documents or memoranda concerning work practices at the Plant (referred to as side agreements) are canceled except for the following:
Uniform Site Wide Overtime Policy/Guidelines BST (Behavior Based Safety Letter of commitment)
It is further agreed that all future memoranda of understanding or agreements shall be entered into only if signed by Union President and Plant Manager.
12/5/98
1995 Bargaining Company Position Labeling/Lift Truck Issues
1. Intra-Unit Material Moves
In situations where production materials (in-process) require movement within the unit to facilitate further processing. In this case operators will perform the movement as required. (ex. 315, 236, 240, 200, 334, etc.)
2. 12/7/98. It is agreed that the warehouse has responsibility for material movement to and from the production staging areas. Moves within the production area will be the primary responsibility of the respective production areas. During the 1998 negotiations we agree that there will be a material handler with a radio who will respond and meet the needs of the maintenance area in regards to fork truck
service, repair, equipment and material movement, in addition to regular material handler duties (except for activities agreed to be performed by maintenance).
Production will assume the responsibility for managing the 241 area. Production personnel will be responsible for activities (housekeeping, material moves, etc.) within this area. Material to be moved from the building will remain the responsibility of the warehouse.
3. Emergency Material Movement
This issue deals with situations where production will be interrupted without additional production materials.
a. On midnights where there is no coverage, an operator can move sufficient material as required to complete production. In assessing this issue the overall work involved should be considered. The number of articles or pounds or containers, the distance involved, and the method required, should all be considered. The entire job should not take more than one hour. Operators will be required to keep a log in the warehouse to record any time they are required to do warehouse work on midnights. The operator will be required to record name, date, time, and the material that was retrieved.
Where production in 236 Building requires an additional tote of intermediate to be removed from 240 to complete the production batch.
4. The Union and Company representatives from Production and Materials will meet after the ratification of the agreement to work together to establish protocol for loading tuggers in the 315 Building.
Below are Fork Truck activities that can be performed by any qualified Fork Truck operator when necessary for the job being performed:
All activities currently being performed by the Production Departments Movement of Fork Trucks for repairs (including PMs) Removal/installation of large motors Assist in scale repair/installations Moving large cable spools Handling large valves Removal/installation of pumps Handling and transporting spare parts (stokers & pump rebuilds, put on pallets for storage) Working on air pallets (moving around in the shop) Laborer Work
12/7/98
1998 Collective Bargaining Cost Competitiveness Memorandum of Understanding
The Company and the Union will work together and form a partnership to use problem-solving methods (e.g. Qualpro, KT) to reduce overtime from its current rate to similar industry standard. This process will begin prior to February 1, 1999. This Partnership will work toward standardizing the collection/categorization of overtime data, analyzing the data to identify causes of overtime and to develop recommendations, which will be implemented to achieve similar industry overtime standard.
Example recommendations would include but are not limited to:
Eliminating non-value work Relief operators positions Work assignments due to production area permanent shut downs Review overtime policies/regulations 1/8/2008
2001 Collective Bargaining Core Competencies/Skill based Certification Memorandum of Agreement
At the sole discretion of the company, when technology changes occur where it would be company will furnish such training as it decides appropriate.
2005 Collective Bargaining Laboratory Sample Movement Memorandum of Understanding Company and union agree that management may move samples at any given time from one work assignment to another as business needs dictate.
1/8/2019
Utilities Operators Certification MOU Memorandum of Understanding
1. All employees successfully bidding to the Utilities Boiler unit operator positions as of January 8, 2011 must complete certification training approved by the company within the first six months of their tenure as boiler operator. Courses will contain classroom training and certification testing.
ALL existing Utilities Boiler unit operators will be required to complete this same certification training within 24 months of approval of the Cogen unit project for the Calvert City Plant.
2. All employees successfully bidding to the Utilities Waste Treatment operator position as of January 8, 2011 must complete Waste Water Treatment Certification Training sponsored by Kentucky Division of Compliance Assistance.
This requires that: The employee must attain Class I certification within 18 months of beginning the WWT operator position. An operator must attain Class II certification within 30 months of beginning the WWT operator position. An operator must attain Class III certification within 42 months of beginning the WWT operator position.
(Note: This is the level of certification required by the state for operation of a WWTP of the size we have.)
This certification would need to be maintained as necessary through continuing education classes that meet the state certification requirements.
Labor Pool Memorandum of Agreement
Requirements for consideration for Labor Pool:
An employee may volunteer for the labor pool overtime. Labor pool hours will be rejected if the employee is needed for unit coverage. Hours worked for the labor pool will not be tracked for unit overtime purposes. When an operator has worked labor pool and is then called to cover a shift for unit coverage, the operator must refuse unit coverage that would violate any Ashland Calvert City requirements for maximum number of hours worked in a 24 hour period or consecutive days worked.
Labor pool hours will not be used to allow any individual to work more than 40 hours during a week when plant personnel are on scheduled vacation due to plant shutdown. (unless all available individuals on scheduled vacation have been offered and refused)
1/8/2019
Carpenter Craft Memorandum of Agreement
There shall be a craft formed as part of the Maintenance Department, to be referred to as the Carpenter craft. The Carpenter craft will exist as a separate classification.
The duties / responsibilities of the Carpenter craft will include- o Scaffolding o Painting o Carpentry work o Sign fabrication and installation, stenciling o Loading/Unloading of equipment o Temporary Tenting o Rigging / Flagging for crane o Hole watch for maintenance activities o Concrete work o Insulation
The
Qualifications / requirements for this position will be determined by the Company. The pay rate for this classification shall be at 87% of a journeyman maintenance mechanic.
Memorandum of Understanding Election Days In order to ensure all 12-hour shift employees have sufficient time to vote in school, city, state, and national elections, the evening shift change time on Election Day will be moved up 1 hour to allow days shift employees an opportunity to vote. The morning shift change on the following day will also be moved up one hour to recover the hour of work time lost. The result of this change will be an exchange of time that will allow both shifts time to vote without working any additional hours or losing any work hours in the week. The day shift will be paid
eleven (11) hours on Election Day, and thirteen (13) hours on the following day. This will result in time and a half for the additional hour worked the following day.