The COMPANY recognizes the UNION as the sole collective bargaining agency with respect to wages, hours, and other conditions of employment for all of its hourly-paid employees coming under the jurisdiction of the UNION as set forth in Exhibit A, exclusive of clerical, technical, plant protection employees, and supervisory employees having the authority to hire, discharge, or discipline employees or effectively recommend such action and who are employed at its plants at Freeport, Texas; all of said plants constituting a single bargaining unit. The term "supervisory employees" shall not include crew leaders, coaches or activity coordinators.
Preamble
This agreement entered into by and between Blue Cube Operations, LLC, A wholly owned subsidiary of Olin Corporation, Freeport, Texas, its successors and assigns, hereinafter referred to as the "COMPANY", and Local No. 564, International Union of Operating Engineers, AFL-CIO, hereinafter referred to as the "UNION".
The COMPANY and the UNION, having a common and sympathetic interest in the progress of industry, have entered into this agreement in order to promote and maintain harmonious relations between the COMPANY and its employees covered hereby, to ensure the most efficient operation of the plants of the COMPANY, and to provide means for adjusting any differences which may arise by rational, common-sense methods. Now, therefore, in consideration of the mutual promises and agreements herein contained, the parties hereto agree as follows:
The parties hereto recognize that certain work comes within the jurisdiction of the UNION and only in cases of emergency may employees, other than those represented by the UNION, be assigned to work within this recognized jurisdiction. The UNION also recognizes that in a production plant of this kind, the principles of jurisdiction must be applied with common sense and some flexibility in order to give the proper consideration to the practical problems of production involved. Accordingly, the UNION agrees to apply a rule of reason consistent with the above circumstances in connection with jurisdictional questions arising under this contract. In a further effort to eliminate jurisdictional questions, the parties agree that for the purposes of this Article an emergency shall be a fire, explosion, flood, hurricane, storm, line rupture, or power failure which requires immediate action, or any condition which threatens life, health, or property.
This Article is not to be construed to prevent the COMPANY from using technical employees as operators on experimental semi-plant work. Operators will not be replaced by technical employees on a job being performed by an operator on a routine regularly scheduled basis in an experimental semi-plant except when necessary to do so for the purpose of determining technical information needed for the research project.
Any Jurisdictional disputes that cannot be settled, the Union can invoke the Arbitration Procedure.
The UNION agrees that in no event shall a jurisdictional dispute interfere in any way with the commencement, progress, or prosecution of the work or serve to increase the cost of the work to the COMPANY by reason of payment in wages to any employee for work not performed. Pending settlement of any dispute, the work shall continue to be performed in the manner in which it had been assigned to be performed at the time the dispute arose.
Section 1. Workdays and Workweeks
(a) Day Shift: 6:00 AM to 6:00 PM (first shift of the day).
(b) Night Shift: 6:00 PM to 6:00 AM (second shift of the day).
(c) Individual departments will have the latitude to move shift change earlier in the day by as much as one (1) hour in 30-minute increments – e.g. shift changes at 5:00 AM and 5:00 PM or 5:30 AM and 5:30 PM.
(d) Shift change after 6:00 AM (e.g. 6:30 AM) will not be permitted as it encroaches on other plant activities – e.g. morning meetings, maintenance activities, etc.
(e) All twelve-hour shift teams and individual team members within a given department will agree to one common shift relief time.
Workday: A workday is defined as the 24-hour period from 6:00 AM on one day to 6:00 AM the following day. The latitude for modifications to shift change time applies.
Workweek: A work week is defined as the period from 6:00 AM Monday to 6:00 AM the following Monday.
Section 2. Work Schedules
(a) Shift Workers. "Shift Work" is defined as work where the duties of one crew (consisting of one or more individuals) are taken up immediately by another such crew which in turn at the end of its shift has its work taken up immediately by a third such crew, etc. All employees whose work comes under this definition are recognized as Shift Workers. The normal schedule for Shift Workers shall include the following: five eight-hour periods per workweek beginning at 7:00 a.m., 3:00 p.m., or 11:00 p.m., or three and four twelve-hour periods in successive workweeks where the days of the week to be worked and the starting hour for each day for a given shift crew being based on a prearranged schedule. Shift Workers will have schedules around the clock, with similar days off. If requested by an operating department, any changes from 12 to 8 or 8 to 12-hour shift will be voted on in the 4th quarter. Decision for a change must be communicated to Labor Relations by November 30th so there is time to get changes made in payroll and to enable employees to schedule vacation according to the defined vacation scheduling practices in Article XI. Changing shifts would require two-thirds majority. Votes will be cast by a closed ballot. Alternate work schedules (including Day Operators) will continue to be defined by Company Leadership.
(b) Day Workers. All employees not defined as Shift Workers according to paragraph (a), above, are recognized as Day Workers. The normal schedule for Day Workers shall be 7:30 a.m. to 4:00 p.m. with one-half hour off for lunch, Monday through Friday. The regular lunch period will be 11:30 a.m. to 12:00 noon, but a lunch period of 12:00 noon to 12:30 p.m. can be scheduled when 11:30 a.m. to 12:00 noon coverage is required, and if notice is given the preceding day or sooner. If Day Workers are required to work through their lunch period, they will be paid time and one-half for that period and will eat lunch on the job at an opportune time in keeping with the work demands of the job.
(c) Odd Schedules. It is recognized that Odd Schedules differing from the normal schedules described above are necessary for the proper coverage of all operations, and that the COMPANY has set up in the past and will set up in the future Odd Schedules for both Shift Workers and Day Workers. It is agreed that whenever it becomes necessary for the COMPANY to establish a new Odd Schedule, the steward involved will be called in by the COMPANY to make suggestions regarding the schedule to be set up. No new schedule will be put in effect unless it is for a five-day period or more. Odd Schedules for Day Workers will be set up on an eight-hour basis with lunches eaten on the job at an opportune time in keeping with the work demands of the job. However, Day Workers on odd schedules who are not required for continuous eight-hour coverage will have a half-hour off for lunch on their own time. All vacancies or new jobs that are a different schedule than a regular shift schedule will be filled in accordance with Article XVII, Section 11, "Filling Vacancies or New Jobs". However, this will not prevent the rotation of employees performing the same job.
(d) Various groups or departments may have an agreement on shift schedule/relief time by a majority vote of the operators involved and department leader approval.
Section 3. Shift Differentials
A shift differential of $0.65/hour will apply for all shift workers for all hours worked. When day workers are put on shift for longer than 8 consecutive weeks, they will be given the shift differential for the time they are assigned to work shift. When shift workers are put on days for longer than 8 consecutive weeks, the shift differential will be taken away.
Section 4. Management Driven Schedule Change
Management has the right to make appropriate schedule changes. In circumstances where management must change an employee's schedule on a short-term or temporary basis, as much notice as possible will be given to the employee. The employee will not incur a negative financial impact as a result of a management driven schedule change. There will be no additional or premium pay simply for the inconvenience of the schedule change. Leaders are expected to give 48 hours' notice and minimize management driven schedule changes. If in the union's opinion the use of this article is used over and above its intent, Labor Relations agrees to investigate the issue with department leadership and the department Steward.
Section 5. Shift Trade
A shift trade is defined as the ability of employees to trade shifts with other employees. Employees are permitted to trade shifts with other employees with the approval of their leadership. A shift trade must not conflict with COMPANY safety objectives or efficient plant operations. Shift trades must occur in the same payroll week, as defined at the site, and must not involve overtime for any employee involved. Meetings, training classes or other scheduled activities must not be adversely affected by a shift trade.
All trades will be voluntary and are the responsibility of the trading employees. Each trade will be considered on a case-by-case basis, as necessary and routine or regular trades will not be approved.
Section 6. Absences from Work
Employees will give the COMPANY as much advance notice as possible in case of personal illness, serious illness or death in their immediate family, or other extreme emergency making absence from work necessary without obtaining such advance permission from the COMPANY, and such absences will not be considered unexcused. Unexcused absence and excessive absenteeism are performance issues.
Section 7. Special Relief Operators
Special Relief Operators who are regularly required to work irregular schedules on different jobs in order to replace employees on vacation, employees who are sick, etc., and who, as a result do not have any regularly scheduled days off and are not entitled to advance notice of schedule changes, will be paid a premium of $1.00 per hour over and above the top rate of the highest paid job they are regularly assigned to work. Special Relief Operators will be selected by the COMPANY using the internal selection process.
Section 8. Lead Operators
The Lead Operator Adder may be used to provide on-shift coaching, resource coordination, direction, as well as multiple formalized training and mentorship and will be paid a premium of $1.00 per hour adder if they are working a rotating shift schedule, and a $2.00 per hour adder if the operator is on a schedule that does not provide a shift differential. Candidates must demonstrate strong process knowledge and strong teamwork, interpersonal and leadership skills and is looked upon as a resource by team members. The Lead Operator should be trusted by team members and lead from a position of influence. The specific duties and responsibilities of the role will be defined by department leadership. This adder would normally not be applied to employees who are still in progression. Employees will be selected by leadership for these roles based on performance as well as knowledge, skills, and attitude and with Labor Relations approval. Lead Operator is not a Classification nor is it permanent and may be removed at leadership's discretion. Upon request by the Union, the Company will provide a written explanation for any such removal.
Section 9. Non-Traditional Assignments
Employees may be assigned to perform work not historically under the jurisdiction of the Union. In this case, the Union agrees that a separate contract is not created when employees are assigned non-bargained for work and agrees not to claim jurisdiction over work or jobs assigned to Union employees historically outside the jurisdiction of the Union. The duration of the NTA assignment is based on need; and is not limited to a specific time period. Employees selected to Non-Traditional Assignment roles will receive the Lead Operator Adder while actively performing in the role.
Section 10. Breaks
Breaks will be taken on the basis of individual physical need, with consideration for the job.
Section 11. Maximum Allowable Employee Work Hours and Days
Purpose & Scope: To provide reasonable assurance that the safety and health of employees, co-workers, facilities, and the community are not adversely affected because of fatigue caused by excessive work hours.
Background: Lack of adequate rest leads to fatigue. Fatigue has the potential to cause impaired judgment and/or difficulty focusing closely on a task.
Exceptions: Approval to work beyond the limits described will only be considered appropriate when stopping work is reasonably likely to cause an EH&S related incident or non-compliance with governmental requirements. Business criticality is not justification for extending work hours beyond the described limits. Some examples of appropriate exceptions may include: Emergency shutdowns; Emergency response activities; Shutdown of an environmentally sensitive operation; Leaking equipment which, if not corrected in a timely manner, may result in exceeding a reportable quantity or in negative impact to the environment or community; Hurricane duty. The Department Leader where the work is being completed AND the Work Group Leader if these are different leaders must approve any exceptions before the hours are worked.
Definitions: Consecutive hours and days worked are based on actual hours and days worked. Four hours of actual work will constitute a workday for tracking consecutive days (e.g., in the case of call outs). The Work Group Leader is the administrative supervisor of the employee.
Consecutive Hours of Work: The maximum total hours any employee can work in any 24-hour period is 16 hours.
Consecutive Days of Work: An employee will not work more than three consecutive 16-hour days. After three consecutive 16-hour days the maximum total hours an employee can work in any 24-hour period is 13 hours. A rest period of at least 16 hours must be completed before the employee can resume working 16-hour shifts. An employee will not work more than 21 consecutive days without 48 hours off work before the employee's next workday. If it is a scheduled day's work the Company will make the employee whole.
Boundaries: No cancelation of scheduled vacation. This will be added to all overtime agreements.
Section 1. Overtime Pay
Overtime hours are paid at 1.5X the straight time rate for hours worked outside an employee's normal work schedule or for working greater than 40 hours per week.
(a) Outside the normal work schedule includes the time worked in addition to the daily work schedule and the day(s) an employee works outside his/her regularly assigned work schedule.
(b) Where the normal work schedule is greater than 40 hours in a week, overtime that has been built into an employee's weekly work schedule will be paid at 1.5X only if the previous 40 hours in that same work week were physically worked. Civic Duty, Personal Choice Days and Vacation count as time worked; Holidays count as time worked only if they fall on the employee's normally scheduled workday and are not worked.
(c) Overtime hours applies to hours worked over 40 hours in a work week.
(d) Hours on which overtime has been paid will be excluded from computation of overtime payment on any other hours.
Section 2. Call-in Pay
Employees who are called in to work outside of their regular hours will receive a minimum of four hours pay at straight time. The minimum pay will not apply if the hours worked are continuous with their regular schedule.
Section 3. Overtime Distribution and Coverage
Every reasonable effort will be made to distribute overtime hours, and premium hours involving time and one-half or more, in an equitable manner. Various groups and/or departments may work out methods for assuring that this is done (Overtime Agreement, Article XXIX). The Overtime Agreement must contain a provision that all overtime will be covered. The steward and department leader will work together to develop and implement an appropriate process that in the event there are no volunteers to cover overtime, a qualified employee will be assigned. These methods shall be reviewed annually on a date selected by the steward and department leader for the purpose of making appropriate changes.
Overtime created by short notice (four hours' notice or less) shall be filled by offering the employee on the job first opportunity to work. If he/she declines, the regular overtime procedure should be followed. This is not intended to supersede departmental methods which define "short notice" as greater than four hours.
During start-ups, shutdowns, or emergency situations the Process Leader and Union Steward will determine the workforce and method needed for that particular situation based on department needs and budgetary constraints, while not violating the Fatigue Article IV, Section 11.
Section 4. Miscellaneous
(a) The regular schedule of an employee who has been called on to work overtime will not be changed for the purpose of offsetting his/her overtime pay.
(b) None of the vacation benefit payments provided in this contract for time not worked will be paid at overtime or premium rates.
(c) The payment of overtime for any hour excludes that hour from consideration for overtime payment on any other basis.
(d) Payment for working a shift will be based on the scheduled hours for the shift, regardless of private arrangements for early relief that employees may make among themselves. However, employees may not relieve more than 30 minutes before the start of their regular shift. Off-going shift workers who have been properly relieved and have spent a full shift on the job will be allowed to clock out without any pay penalty. It is clearly understood that no premium will be paid as a result of the application of this early clock out arrangement or as a result of any private arrangements made among the employees for early relief.
Section 5. Seventh Day
Double time (2X straight time rate) will only be paid to an employee who physically works seven (7) consecutive days. Time worked does not include Civic Duty, Personal Choice Days, Vacation or Holidays not worked. Only time physically worked counts toward the calculation of 7th day pay. The following rules apply in the calculation of 7th day pay:
(a) A callout can count towards the 7th consecutive day calculation if the employee actually works a minimum of 4 hours.
(b) Double time is not applied on the 8th day, 9th day, etc.
(c) Employee must have prior approval from the Leader to work 7 consecutive days.
(d) Does not apply to routine schedules which may include 7 consecutive days.
(e) Employees whose schedule regularly includes 7 consecutive days will be paid double time for all hours worked on the 10th consecutive day if the previous 9 days were physically worked, subject to the above requirements.
(f) The 7th consecutive day does not have to fall within the same work week.
Section 1.
The following holidays will be observed: New Year's Eve Day, New Year's Day, Martin Luther King Day, Good Friday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Day After Thanksgiving, Christmas Eve Day, and Christmas Day.
Holidays falling on Sunday will be observed on the following Monday and holidays falling on Saturday will be observed on the preceding Friday, except that for rotating shifts with continuous seven (7) day coverage holidays will be observed on the day it falls.
NOTE: If the Company makes any modifications to its Holiday Policy during the term of this agreement, the Company will review these changes with the Union and will give the Union the option to negotiate.
Section 2.
Employees who are required to work on a fixed holiday will receive 2X for all hours worked, in addition to the 8 hours Holiday Pay.
Section 3.
Employees who do not work on a holiday or the day observed in place of a holiday and said day falls within their regular schedule, will be paid for eight hours at their straight time base rate. Employees who work a schedule that includes shift hours greater than 8 hours may elect to take any additional scheduled hours as vacation or as excused time off WITHOUT pay if the holiday is being observed by the work group. Employees will be paid for either hours at their straight time rate unless:
(a) They are absent from work without permission of department supervision on their regularly scheduled working day immediately preceding or immediately following the holiday.
(b) They are on extended leave of absence (more than 30 days) for reason other than illness or accident.
Section 4.
When a holiday, or a day observed in place of a holiday, falls on employees' regularly scheduled day off, they will be paid an extra day's pay that week (eight hours pay at their straight time base rate) if they would be eligible to receive holiday pay under the provision of Section 3 of this Article just as though this off-day were a regularly scheduled workday.
Section 5.
Employees regularly scheduled to work, or who are instructed to report for work on a holiday or the day observed in place of the holiday but who fail to report for work, will not be eligible to receive such pay. The COMPANY shall, when possible, give three days' notice to all non-shift employees who will be expected to work on a holiday that they will be required to work. In all but emergency cases, such three-day notice will be given to non-shift employees when they are expected to work on a holiday. Employees who do not receive such advance notice will not be expected to keep themselves available for such work unless they choose to do so.
The minimum pay for employees, who, in the absence of advance notice to the contrary, report for work on their regular shift, shall be their regularly scheduled hours at straight time for that shift. This does not apply in case of fire or flood, or hurricane.
Employees kept away from work because of reporting for jury service, or for service as a witness under court subpoena in a criminal proceeding, will be paid their regular straight time hourly rate exclusive of any overtime or other premium pay subject to the following provisions:
8 Hour Shift Employees — Day Court
(a) Employees working days are not required to report back for work if dismissed from court duty at or after 12:00 noon. Employees dismissed before 12:00 noon are required to report for work and complete the workday.
If employees working the day shift are not scheduled to report for court duty until 1:00 p.m. or later they will report for work at their regular starting hour and will be excused from work in ample time to go home to change clothes, eat lunch and report to the proper court on time.
(b) Employees on the 11:00 p.m. to 7:00 a.m. shift will be excused on the shift immediately prior to such duty in court. Such employees dismissed from court duty after 6:00 p.m. will be excused from work the same as though they were scheduled to be in court the following day.
Employees scheduled to work the 3:00 p.m. to 11:00 p.m. shift are not required to report for work on this shift if dismissed from court duty at or after 12:00 noon. If they are released before 12:00 noon they are expected to work their scheduled shift.
8 Hour Shift Employees — Night Court
(a) Employees working the evening shift and reporting for court duty prior to 7:00 p.m. will not report for the start of their regular shift. If released from court duty prior to 7:00 p.m., employees will report to work for the duration of the regular shift.
(b) Employees working the graveyard shift and released from court duty after 9:00 p.m. will be excused from their next regular shift.
(c) Employees working the day shift and excused from court after 11:00 p.m. will be excused from their next regular shift.
12 Hour Shift Employees — Day Court/Night Court
(a) An employee schedule for day court and working the day shift will be required to report to work if four or more hours of the scheduled shift remain when the court releases them. However, if their regular home to work commute exceeds one (1) hour and/or the court in which an employee is scheduled to appear is located more than one (1) hour away from the employee's work site, then the employee might be excused from returning to work with prior supervisory approval.
(b) An employee scheduled for night court and working the night shift will be required to report to work if four or more hours of the scheduled shift remain when the court releases them. However, if their regular home to work commute exceeds one (1) hour and/or the court in which an employee is scheduled to appear is located more than one (1) hour away from the employee's work site, then the employee might be excused from returning to work with prior supervisory approval.
(c) An employee working the day shift and scheduled for night court will be released from work in time to make their court appointment. If released from service before 11:00 pm the will be required to report for their following day shift. If released after 11:00 pm, they will not be required to work the following day shift.
(d) An employee scheduled for the night shift and who has received a notice to report for jury service the next day will not be required to work that night and will receive Jury Duty pay for the missed shift.
(e) An employee scheduled to work a 12-hour shift that begins at the same time they must contact the Jury Information Line and does not need to report for jury duty, will arrive at work as reasonable as possible and will be paid for such time missed on shift.
(f) When an employee is relieved of Jury Duty with 8 or more hours before the start of their normally scheduled 12-hour work shift, he/she should report to work at the normal scheduled time.
(g) When an employee is relieved of Jury Duty with less than 8 hours before the start of their normally scheduled 12-hour work shift, the employee will not be required to work that schedule 12-hour work shift.
(h) Employees must give notification as soon as possible when required to serve Jury Duty and such service will cause him/her to miss scheduled work time. This notification will be required on a day-to-day basis.
Employees are required to furnish proof from the court of such service, showing the date and time served and amount paid for their service.
Every other Friday, paychecks will be paid through Electronic Funds Transfer (EFT) / deposited in the savings account or bank account designated by the employee.
Section 1. Personal and Educational Leaves
Employees who have been employed two years or more may be granted an unpaid leave of absence of up to 12 months upon request and satisfactory explanation by the employee. Educational leave will be used only for the purposes of enhancing the employee's career at Olin. Any leave shall not be used, except by permission of the COMPANY, for the purpose of accepting other employment or engaging in other financial endeavors.
Section 2. General Rules
Leaves of absence described above are subject to the following provisions where applicable:
(a) They must be requested in writing at least 15 days in advance, if they are expected to last 30 days or more, and at least five days in advance if they are expected to last less than 30 days.
(b) Seniority will accumulate for the duration of the leave.
(c) All employees granted such leaves, if they are expected to last more than 30 days, shall have their health history checked and recorded by the COMPANY physician at the time of leaving and again upon their return if they are gone more than 30 days. Occupational Health Services will, upon request, send a copy of the examination report to a physician of the employee's choice.
(d) Leaves of absence for any reason that lasts more than 30 days will be handled as though the employee has been removed from the payroll.
(e) Employees desiring to return to active status from a leave of absence must contact their department or Human Resources before the expiration of their leave. The date of their return to active status will be contingent upon the COMPANY'S need for personnel.
Section 3. Bereavement Leave
An employee who wishes to take time off due to the death of a family member as defined below should notify his or her Manager as soon as possible. If an employee leaves work early on the day he or she is notified of the death, that day will not count as bereavement leave and will not affect the balance of bereavement leave that the employee has available. In addition to bereavement leave, an employee may, with his or her Manager's approval, use any available vacation for additional approved time off as necessary. The company reserves the right to ask the employee to provide documentation to verify the circumstances of their bereavement leave.
Bereavement pay is calculated based on the base pay rate at the time of absence, and it will not include any special forms of compensation, such as incentives, commissions, bonuses, overtime, or shift differentials.
Paid bereavement leave will be granted according to the following guidelines:
- Employees are allowed up to five consecutive days off from regularly scheduled work with regular pay in the event of the death of the employee's spouse, domestic partner, child, stepchild, parent, stepparent, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother, sister, stepbrother, stepsister, grandparent, or grandchild.
Section 1. Amount of Vacation
All employees will accrue vacation on a monthly basis. Employees will be allowed to take vacation in advance of accrual within the year but will be required to reimburse the company for any unearned vacation time taken in advance of the accrual if they leave the company. Vacation payout for unused vacation is also based on the monthly accrual schedule.
The table below lists the vacation accrual rates based on employee years of service:
| Years of Service | Hours Per Year | Hours Per Month |
|---|---|---|
| 1 year | 120 | 10.00 |
| 2 years | 136 | 11.33 |
| 3-4 years | 152 | 12.67 |
| 5-9 years | 168 | 14.00 |
| 10-14 years | 184 | 15.33 |
| 15-19 years | 200 | 16.67 |
| 20-24 years | 216 | 18.00 |
| 25-29 years | 232 | 19.33 |
| 30 years | 240 | 20.00 |
The increase to the next accrual level will occur at the start of the year during which the employee attains the respective increase in service level.
New hires will start with the potential to earn up to 120 hours of vacation per year. New hires will receive a prorated amount of vacation time based on the number of months they will work that year. If the employee starts before the 15th of the month, that month will count in the accrual calculation. If the employee starts on the 15th of the month or later, that month will not count in the accrual calculation.
First Full Calendar:
(a) Vacation hours will be earned at the rate of 1/12th per month and available on the first of each calendar month. Employees may take full year vacation entitlement prior to accrual.
(b) Vacation may be taken in 1-hour increments.
(c) Upon termination, unused vacation time that has been accrued through the last day of active employment will be paid at the employee's current base rate of pay. In the event of the employee's death, unused vacation time will be paid to the employee's estate or designated beneficiary.
(d) Employees may carry over additional hours outside of the policy limits for an approved business reason with Officer approval.
(e) Under no circumstances shall vacation paid at termination exceed the maximum carry over amount 40 hours plus current year's accrued.
(f) Employees are not allowed to borrow vacation from the following year. Employees are also not allowed to sell or gift vacation.
(g) Up to 40 hours may be carried over into the succeeding year. All carry over vacation must be used the year carried into.
NOTE: If the Company makes any modifications to its Vacation Policy during the term of this agreement, the Company will review these changes with the Union and will give the Union the option to negotiate.
Section 2. Personal Choice Days
Employees will receive 24 hours of personal choice time each year (granted in January).
New hires will receive a prorated amount of personal choice time based on the number of months they will work that year. If the employee starts before 15th of the month, that month will count in the accrual calculation. If the employee starts on the 15th of the month or later, that month will not count in the accrual calculation.
(a) The personal choice time can be taken for any reason by each individual. All hours must be taken in full one-hour increments.
(b) Scheduling personal choice time should comply with department guidelines.
(c) Personal choice time may not be worked for premium pay.
(d) Personal choice time must be taken in the year awarded.
(e) Unused personal choice time will not be carried over to the next year.
(f) Unused personal choice time will not be paid if an employee leaves the COMPANY for any reason (termination, quit, retired, etc.).
Personal choice time cannot be borrowed from the following year.
(g) If personal choice time is exhausted, vacation time will be used in its place.
Section 3. Vacation Rules
(a) All vacation must be scheduled well in advance with department supervision so as not to interfere with the economical operation of the department or group involved. It may be taken in 1-hour increments. After following the department's overtime procedures, the ultimate responsibility for securing a replacement, if one is needed, belongs with the employee requesting the short notice vacation.
(b) Vacation schedules will be available at 7:30 a.m. on the first Monday of December of the current year for all employees who desire to schedule all or part of their vacation for the following year. Vacations will be scheduled on a first come first served basis with the following exception. For the first seven calendar days preference will be given to the first employees who request vacation during Thanksgiving week, first week of deer season and Christmas week who had not had vacation during these periods the previous year. Yearly schedules will be completed as soon after the first of the year as possible. All employees will schedule all remaining vacation that must be taken that year by September 1. Employees may change all or part of their vacation schedule during the year provided they and the department supervision approve such changes well in advance of the change and provided such change is made in accordance with the provisions outlined above.
(c) Vacation pay will be at the employee's current hourly rate and will be paid only for days he/she is scheduled to work.
(d) Employees who agree to work a shift on a day on which they were scheduled to work another shift but which they have already scheduled to take as vacation, said vacation must be rescheduled.
(e) Non-active employees with seniority who return from a leave of absence will be eligible for their next annual vacation, which will be the same number of days their next annual vacation would have been if they had not gone on leave. Should an employee return to work after January, they will be credited with a pro-rated portion of the vacation the employee would have received if they had not gone on leave.
Section 1.
(a) Employees on leave of absence 30 days or over, or who have been absent from duty because of sickness or injury, will be required to obtain a return-to-work slip from Occupational Health Services before returning to work.
(b) The employee is responsible for keeping his/her leader informed of their return-to-work status, and when requested supply Occupational Health Services with a form from their treating physician(s), stating when absence began, expected return to work date, listing reasons for absence and any restrictions. Failure to provide a completed release form satisfactory to Occupational Health Services or failure by the treating physician to provide information requested in writing by Occupational Health Services may result in salary discontinuation.
(c) The COMPANY reserves the right to require employees on extended medical leave as determined by the COMPANY to periodically visit with Occupational Health Services staff for purposes of monitoring progress and return to work planning.
(d) After 5 working days of absence, the employee will supply Occupational Health Services with a form from their treating physician stating when absence began, expected return to work date, listing reasons for absence and any restrictions prior to returning to work. Failure to provide a release form satisfactory to Occupational Health Services or failure by the treating physician to provide information requested in writing by Occupational Health Services may result in salary discontinuation.
(e) The COMPANY reserves the right to require an independent medical evaluation by a reputable medical specialist selected and paid for by the COMPANY in situations involving a difference of opinion between Occupational Health Services staff and the employee's personal physician.
(f) If an employee is given a return-to-work slip by Occupational Health Services for full or modified duties and fails to resume work, it will be interpreted as the employee's intent to quit, and he/she will be terminated from the COMPANY.
Section 2.
(a) For the purpose of determining employees' fitness for duty in safely performing their regular job or any job to which employees may be assigned, during any period of employment with the COMPANY, the COMPANY reserves the right to require a medical evaluation by either the Occupational Health Services staff and/or any other reputable medical specialist selected and paid by the COMPANY.
(b) Periodic examinations of employees will be continued with the principle ideas of helping employees improve their own health conditions and to enable the COMPANY to guard the health and safety of its employees. Such evaluations may involve different mandatory elements of testing to determine continued fitness for duty. Failure to comply could result in disciplinary action.
(c) Employees who believe they have been exposed to a hazardous material or atmosphere in the performance of their work with the COMPANY may request through department supervision a physical examination by Occupational Health Services. Such requests will be reviewed by Occupational Health Services and examinations which are indicated will be performed. Occupational Health Services will, upon request, send a copy of the examination report to a physician of the employee's choice.
Except as noted, failure to meet the requirements in this Article may result in immediate salary discontinuation and could result in further discipline up to and including discharge.
Section 3.
Consistent with the Americans with Disabilities Act, the findings of the above medical examination shall not be used to affect adverse discrimination by either party against the employee involved.
It is further agreed by the parties to this Agreement that fair treatment, good service, and due diligence in the observance of the rules as promulgated by the COMPANY, are essential to the maintenance of satisfactory working conditions and wages described and set forth in the Agreement, provided that such rules as may be promulgated by the COMPANY shall not in any way conflict with the terms of this Agreement.
The COMPANY and the UNION agree that each will perform its proper function in promoting and maintaining safe working conditions and good housekeeping practices. The Site and the Departments may implement EH&S initiatives involving employee participation as individuals or on teams.
If a safety issue is not resolved satisfactorily or an unsafe condition or situation exists where an employee considers departmental safety rules as unreasonable, the issue should be brought to the attention of the Department Leader by the employee or the steward. If there is no resolution, the employee or steward may request a final review of the problem by letter, addressed to the EH&S Responsible Care Leader with a copy to the Department leader.
Employees temporarily assigned to do the work of a higher classification for a period of two hours or more in a given shift shall receive the regular or overtime rate for such classification the same as if they were a regular employee on said advanced status for the entire shift. However, employees temporarily assigned to do the work of a lower classification shall receive the regular or overtime rate for their regular assignment. Such employees may be replaced by other employees qualified to perform their job. These temporary vacancies will be filled by the senior qualified volunteer or by forcing the junior qualified employee.
"Temporarily assigned" is defined as meaning assigned for any temporary period of time, not to exceed 30 days, to replace an absentee or to do a job which is not the employee's regular line of duty. If it is determined that the temporary assignment will last for more than 30 days such assignment will be made in accordance with Article XVII, Seniority, Section 11. If a temporary vacancy exists because an employee is absent due to sickness or injury, that employee will, if he/she returns with full accumulated seniority and is still qualified, be allowed to resume his/her former job, even though the replacement may have more seniority. All employees who fill temporary vacancies as a result of sickness or injury will be allowed to resume their former jobs within the department. In the event an employee must leave the department as a result of this, he/she will be laid off in accordance with the layoff provisions of Article XVII.
Employees temporarily classified on a higher paid job and who have worked on the higher paid job as long as 45 days shall receive the top rate of pay for the job.
When employees are temporarily classified at a higher rate on both their last regularly scheduled workday before and their first regularly scheduled workday after the holiday and they are entitled to holiday pay, they shall be paid for the holiday at the temporary rate in which they are classified for those days.
"Temporarily assigned" as referenced and used in this Article is unique to this Article and does not apply to any other definition of temporary assignments in other Articles or sections of this Agreement unless otherwise agreed to by the UNION and the COMPANY.
Section 1. Business Agents/Representatives/Managers
The COMPANY agrees that accredited business representatives of the UNION that are not active employees, subject to full compliance with the COMPANY'S visiting rules, may visit the plant at reasonable times for the purposes of investigating a specific grievance or grievances theretofore made by employees or any other business pertaining to this contract, provided, however, that this investigation shall not interfere with either the efficient operation of the plant or the work being performed by any of the employees. All such requests shall be made through Labor Relations.
Further the UNION acknowledges that it is the COMPANY's management right to determine which individuals shall be given badge access to the Site. No employee, including business agents/representatives/officers/managers that are employees of the COMPANY will be allowed to conduct UNION business pertaining to this bargaining Agreement on COMPANY time unless he/she is recognized as a steward as provided in Section 2 of this Article, as provided in Article XVIII, or as approved by Labor Relations. The UNION agrees that the business agents/representatives/managers that are active employees of the COMPANY will be expected to work at their job or trade at all times except when they are attending to a grievance or to questions involving conditions of employment.
Section 2. Stewards
The UNION and the COMPANY agree that the minimum number of stewards consistent with the efficient operation of the various departments will be appointed. The UNION agrees that the stewards will be expected to work at their job or trade at all times except when they are attending to a grievance or to questions involving conditions of employment.
Stewards will obtain permission from the Department Leader to leave their work when their presence has been requested by an employee in their operating department in the area of the plant to which they are assigned. Any employee called in for any discussion concerning reprimand will be allowed a UNION representative upon their request.
If in the handling of a grievance it becomes necessary for stewards to leave their department, they shall upon entering another department, report to the Department Leader of that department or their designee. They shall return to their job as promptly as possible and upon returning shall at once report to their Department Leader or their designee.
Within ten days after the signing of this contract, the UNION shall submit to the COMPANY a list showing the number of stewards and assistant stewards which it feels will be required for each department and/or division of the plant. Upon agreement between the COMPANY and the UNION, as to the number of stewards and assistant stewards and their location in the departments and/or divisions of the plant, the UNION shall submit to the COMPANY a complete list of the names of the stewards and assistant stewards selected for these jobs. The UNION shall keep this list up to date by submitting to the COMPANY as soon as changes occur a letter giving the name of each new steward and the name of the steward, he/she is replacing and the names of new stewards to the extent mutually agreed upon as required due to splitting departments or adding new departments.
Section 3. Delegate Leave
Leaves of absence for up to three weeks will be granted to one or more delegates to attend UNION conventions. The exact number will be determined by mutual agreement between the Business Agent/Representative/Manager and the COMPANY'S Labor Relations Department but will not be so many as to unduly interfere with plant work.
Section 4. Union Business Leave
Upon written request from the UNION up to five employees, not more than one from any department, will be granted up to two days' leave without pay for the purpose of holding UNION elections or other UNION business pertaining to this Agreement. This will not exceed a cumulative total of 35 workdays per year.
Leaves of absence to not more than two employees for one year, subject to extension from year to year, will be granted for the purpose of working for the UNION. Such employees will continue accumulating seniority in the plant as long as they are working for the local UNION servicing this Agreement.
Leaves of absence for up to 90 days to not more than two employees will be granted for the purpose of taking training for or performing UNION service connected with this collective bargaining Agreement.
Section 5. General Rules
(a) They must be requested in writing at least 15 days in advance, if they are expected to last 30 days or more, and at least five days in advance if they are expected to last less than 30 days.
(b) Seniority will accumulate for the duration of the leave.
(c) All employees granted such leaves, if they are expected to last more than 30 days, shall have their health history checked and recorded by the COMPANY physician at the time of leaving and again upon their return if they are gone more than 30 days. Occupational Health Services will, upon request, send a copy of the examination report to a physician of the employee's choice.
(d) Leaves that last more than 30 days will be handled as though the employee has been removed from the payroll, with his/her status restored upon return as provided in this contract.
(e) An employee returning from leave in excess of 30 days described in this Article will return to the department in which they left.
Section 1. Definition
The term "Seniority" is defined to mean an employee's length of service. An employee's seniority is measured from a "Seniority Date", the earlier the seniority date the more seniority the employee has.
Section 2. Type of Seniority and Commencement of Each
(a) Plant-wide Seniority. This shall consist of employees' total length of continuous service with the COMPANY. From the date of hire through the first 9 months worked by employees within the bargaining unit after successful completion of their first Training Review Board or similar leadership review shall be a probationary period. At the end of such probationary period the employees' plant-wide seniority date shall be the date they were hired. Probationary employees shall be represented by the UNION in matters concerning wages, hours and working conditions, except as otherwise specified in this contract.
(b) Operating Department Seniority. This shall consist of an employee's total length of continuous service in any and all operating jobs within a given operating department as set forth in Exhibit D of this contract.
Section 3. Seniority Lists
The COMPANY will compile and electronically post, every six months a list showing the Operating Department seniority of all employees in the department. A copy of each list will be electronically mailed to the UNION business office at least three times per year. The COMPANY will compile and electronically furnish to the UNION once each calendar year a list showing the Operator Craft Seniority of all employees in the bargaining unit.
Section 4. When Seniority Does Not Apply or is Not Affected
(a) Seniority privileges shall not apply to probationary employees, except as provided in Section 2 of this Article.
(b) Seniority shall not serve as the sole basis for a choice of jobs in any one classification.
(c) The Operator Craft seniority of an employee shall be lost when he/she is moved to and remains in a salaried classification for one year or is transferred to any other bargained-for group of employees for one year.
Section 5. When Seniority is Lost
(a) Plant-wide Seniority shall be lost by employees as follows: (1) When they are discharged; (2) When they resign; (3) When they are laid off and at such time have less than 18 months seniority and are not recalled for over 12 months; (4) When they are laid off and at such time have from 18 months to 36 months seniority and are not recalled for over 18 months; (5) When they are laid off and at such time have over 36 months seniority and are not recalled for over 24 months; (6) When they do not reply to a recall letter within the time limit specified in Section 8; (7) When they do not return to work when recalled within the time limit specified in Section 8; (8) When they overstay a leave of absence; (9) When they have less than 12 months seniority and are absent due to personal illness for a period of time equal to the amount of seniority they had at the beginning of the absence, except that a minimum period of six months will apply; (10) When they have 12 months seniority or more and are absent due to personal illness for 12 months; (11) When they have more than 12 months but less than 18 months seniority and are absent due to an injury on the job for 12 months; (12) When they have more than 18 months but less than 24 months seniority and are absent due to an injury on the job for 18 months; (13) When they have more than 24 months seniority and are absent due to an injury on the job for 24 months.
(b) Operating Department Seniority in a given Operating Department shall be lost whenever Plant-wide Seniority is lost, and also: (1) When they are transferred out of the Operating Department; (2) When they are laid off from the Operating Department for a period of time longer than that specified in Section 5(a); (3) When an employee elects to move to a salaried classification in Plant A or B and remains in such salaried classification for more than one year; or transfers to any other bargained-for group of employees for one year. The COMPANY shall have the right to allow an employee to return or prohibit an employee from returning to the bargaining unit at any time during the one-year time period.
Section 6. Consolidation or Splitting Departments
When changes in plant operations are necessary, specific operating department structure (bid zones) may be split, combined, or modified by the COMPANY to align with business, technology, or function to address competitive benchmarking and meet business needs. The COMPANY will provide written notification to the UNION, and request input from work team members prior to making a change. The COMPANY will provide employees a three month notice prior to splitting or combining bid lists.
When seniority lists are consolidated or modified into a single seniority list, the employees in the several departments will be placed on a single seniority list in order of their departmental seniority date in their old departments. In case some employees on this new list then have the same departmental seniority date, they will be placed on the list in accordance with the tie breaking provision of Section 9 of this Article.
Section 7. Layoffs
(a) Advanced Notice of Layoffs. The COMPANY agrees to give employees affected by a reduction in force, five working days' notice in advance of such layoff. Employees being laid off who are away from their jobs at the time of this notice will be notified by telephone. If they cannot be reached in this manner, the layoff notices will be sent by certified mail to the last address on record with Human Resources, and this will constitute adequate notice of layoff. Employees agree to give the COMPANY five working days' notice before quitting.
(b) Layoffs from Department. (1) All layoffs from a department shall be in inverse order of Operating Department Seniority, except in the case of employees disabled as a result of injury on the job. Five working days' notice will be given to employees affected by such layoffs as well as to any employee whose job is eliminated. (2) Employees may decline to be reassigned and take their layoff out the gate and be recalled only to vacancies occurring in the department from which they were laid off.
(c) Reduction in Operator Craft Group. When it becomes necessary to make a reduction in force in the Operator Craft group: (a) The employees with the least Operator Craft Seniority in the bargaining unit will be laid off. (b) Vacancies in Operation jobs resulting from above will, if filled, be filled as outlined in Section 11 of this article. (c) The movement of employees between departments as provided in this Article and in this section as a result of layoffs may be made simultaneously. (2) Employees moved as provided in this section must be able to do the work assigned.
Section 8. Rehiring
Recalling into an Operating department shall be done on the basis of the Operating Department Seniority of those employees on the COMPANY'S payroll. Recalling from outside the plant shall be done on the basis of Operator Craft Seniority. Such employees being recalled shall be notified by certified mail, return receipt requested, mailed to the last address on record in the Human Resources files, with a copy of this recall letter sent to the UNION. It is the responsibility of those laid off to keep Human Resources notified of their current address. Employees being recalled will lose their seniority when they, (a) fail to reply by certified mail, return receipt requested, within ten days after the mailing of the recall letter stating that they will return to work for the COMPANY, or (b) do not return to work for the COMPANY within ten days after having sent such a reply. The COMPANY will then contact the next eligible employee. In special cases, the time for reporting for work may be extended beyond the ten-day limit upon request when replying to the recall letter.
Section 9. Seniority Disputes
(a) In case two or more employees were hired into the bargaining unit on the same day, their order on the Operator Craft Seniority list will be determined in the numerical order of their Social Security numbers, using all digits as one number. Preference will be given to the employee with the lowest number.
(b) When two or more employees are placed on Operator classification in a department listed in Exhibit D on the same day, they will be placed on the Operating Department Seniority list in the same order as they appear on the Operator Craft Seniority list.
Section 10. Temporary Assignments
Employees in an Operating Department in which operations are partly or completely curtailed for a temporary period may be assigned to work in other departments where work is available. This will be done in inverse order of seniority unless it would cost additional training for the department. Employees so assigned shall neither lose seniority in their own department nor gain seniority in the department to which they are temporarily assigned and if they choose not to work on the job to which they are temporarily assigned, they will be excused from work for the temporary period during which their jobs are not in operation and will return to work when their job is ready to start up. "Temporary period," as used in this section, means for not longer than 150 days at a time. No cut in pay will be involved.
Section 11. Filling Vacancies or New Jobs
When a job opening or reorganization involving any job classification occurs, internal or external to a department, the process leader will assign individuals to specific jobs based on an assessment of the following: seniority, skills, ability, performance, individual interest, experience, and input from work team members. The use of Seven Criteria will not be arbitrary or capricious and a standardized process will be implemented across the site. Accordingly, the "Seven Criteria" assessment process will be used in the selection process to help identify and differentiate the aforementioned criteria among multiple job candidates.
When vacancies occur due to attrition (retirements, resignations, etc.) or creation of a new job, the opening will be filled through an internal posting. If the filling of the job internally results in an additional opening, the plant leader has the option to fill the opening through an internal posting or site-wide posting. Operators will be eligible to "bid" to job openings provided: 1. The individual has fulfilled the minimum time commitment to the current department of three (3) years after TRB; and 2. The current department certified (TRB'd) Operator staffing level for each role/job exceeds 80%; and 3. The individual must be current on all of his/her Site and Department required training; and 4. If bidding from Site Logistics meet the requirements specified in Article XXXI.
If an employee with a lower classification accepts the bid on a job with a higher classification (rate), after six weeks, the employee will receive the rate of pay for the higher classification.
Upon being transferred to a new position as outlined in this section, unless otherwise agreed to by the COMPANY, the employee will not be eligible to bid on a job internally or externally for a period of three (3) years from the date the employee successfully completes the required Training Review Board or similar leadership review. Site-wide postings for jobs to be filled under this section will be posted plant-wide for fourteen days.
Section 12. Staffing of New Plant/Significant Plant Expansions
The COMPANY shall have the right to select individuals to staff up to 25% of a New Plant or Significant Plant Expansion and not follow the normal bidding process. Significant Plant Expansion shall be deemed to occur as the result of an expansion where 5 or more additional Operators are required to operate the plant. Candidates for these roles can come from current employees, employees who the COMPANY may transfer in from other Olin locations, or those hired from the outside. Further, all Operators shall be required to remain in their positions for at least 5 years unless otherwise agreed to by the plant leader.
It is agreed that any employee or group of employees may, individually or through their representative, present complaints to the COMPANY. It is agreed that all such complaints must arise out of the terms or interpretation of any express provision of this Agreement and any complaints regarding verbal or written discipline, suspensions or terminations will be addressed in the time structure as outlined in this Article unless otherwise mutually agreed upon in writing.
Step 1.
The parties should attempt to resolve the complaint themselves and utilize the available resources to do so. For example, the Steward or Leader should be consulted.
Step 2.
A complaint which cannot be settled in Step 1 should be carried to the employee's steward. If in the opinion of the steward the complaint is a just one, the employee and the steward should confer with the aggrieved employee's Leader in an attempt to reach an equitable adjustment. If no agreement is reached then it will be judged a grievance and reduced to writing, setting forth all available facts, evidence and must reference the specific provision(s) of the contract which is alleged to have been violated or the details regarding verbal or written discipline, suspension, or termination. The grievance shall be written, dated, and signed by the aggrieved employee or the steward or a union official on behalf of the aggrieved employee and forwarded to Labor Relations at which point the Company and Union's grievance panels will hear the grievance and the company will give an answer within calendar 14 days.
Step 3.
The parties hereby agree that both committees shall have the power to adjust any grievance as hereinbefore defined. The representatives of the UNION shall be a committee designated by the UNION and shall consist of The UNION Business Manager or their designate and the Site Chief Stewards or their designates. The representatives of the COMPANY shall be those persons designated as such by the COMPANY management and shall consist of the Site Labor Relations Manager and Production Leaders or their designates. The COMPANY Committee will provide grievance responses to the UNION within 14 days of the hearing unless an extension is mutually agreed upon by the UNION.
All conferences between the COMPANY and the UNION shall be held during daily working hours, and the employees attending such meetings shall receive their regular rate of pay for any time lost. No grievance will be considered if not presented within 30 days from the date the grievance occurred. It is the COMPANY'S intent to administer discipline and conduct investigations which could lead to discipline in an expedient manner. Labor Relations will put the grievance on the agenda for the next available regularly scheduled grievance hearing meeting, which will be scheduled at least twice a month. The grievances will be heard as soon as practicable, provided however, the COMPANY must hear a minimum of 5 grievances per month in the order they are received unless key participants are not available or otherwise agreed between both parties. The COMPANY will schedule termination grievances first. The Grievance Committee shall render a decision on the grievance within two weeks thereafter, unless otherwise agreed upon in writing.
It is further agreed that if the Grievance Committee cannot mutually settle any grievances that arise regarding employment terminations of non-probationary employees, or interpretations of this Agreement, the UNION may within 30 days from the grievance decision request to arbitrate such grievance. Upon receiving a timely filed valid request, the COMPANY and the UNION shall request the Federal Mediation and Conciliation Service to provide the names of five persons all of whom shall be impartial persons qualified to act as arbitrators. The impartial arbitrator will be chosen from this list by the representatives of the UNION and the COMPANY by a method mutually acceptable to both parties.
If no other method is acceptable, each party will alternately strike one name from the list until one name is left. The party striking the first name will be determined by lot.
The arbitrator in no way shall be permitted to add to, subtract from, or modify in any way the terms of this Agreement or have any authority in making of a new Agreement. He/She shall have no authority over wage rates established by this Agreement.
It is also agreed that the case will be presented to the impartial arbitrator on the earliest possible date and his/her decision will be final and binding upon both parties to this Agreement. The Arbitrator's decision shall be within the scope and terms of this Agreement and shall not change any of its terms or conditions. The Arbitrator shall in his/her decision specify whether or not the decision is retroactive or the effective date thereof. An extension of time will not be granted unless mutually agreed to by the parties to this Agreement.
Each party will bear the expenses of its witnesses. The expenses of the arbitration not borne by the Federal Mediation and Conciliation Service shall be borne by and divided equally between the UNION and the COMPANY.
The UNION and the COMPANY agree to request the arbitrator hearing the case to render a decision within 30 days after the hearing if no briefs are filed. In the event briefs are filed, within 30 days upon receipt of same.
The COMPANY agrees to furnish appropriate protective clothing on jobs where personal clothing would be destroyed or soiled to the extent that home laundry is not feasible in spite of precautions taken to protect the clothes.
Section 1.
The UNION agrees that it will do everything within its power to cause the employees, individually and collectively, to perform and render loyal and efficient work and services on behalf of the COMPANY and that neither its representatives nor its members will intimidate or coerce employees in any manner any time.
Section 2.
There shall be no strikes or stoppages of work by the UNION or lockouts by the COMPANY, so long as this Agreement is in effect.
Section 3.
The Company will put forth a good faith effort in conjunction with having discussions with the union to provide bargained for employees safe and separate access to their respective work sites as Olin employees.
Section 4.
The UNION, in making this Agreement is merely acting as agent for the employees covered by this Agreement and shall, under no circumstances, be liable for any strike, breach or other default under the Agreement, unless it can be shown that the UNION has caused or instigated such strike or other breach. In the event of any employee or employees stopping work without approval of the UNION, such employee or employees will be subject to disciplinary action including discharge.
The following plan is designed to provide benefits for time lost due to personal illness or injuries sustained on the job. It is the responsibility of employees absent from work due to such illness or injury to carefully follow the instructions of their physician and do nothing which might impede their progress or postpone their return to work. During such absence the employees will not travel from the immediate area without the written permission of their physician. It is also the responsibility of the absent employees to keep their supervision informed of their condition and any change in their sick leave status. The COMPANY reserves the right to request examination and make inquiries deemed advisable. Any employee who abuses the privileges provided in this Article or who submits a claim for benefits based on false statements will be subject to disciplinary action including discharge.
Section 1. Personal Illness, Family Illness, and Short-Term Disability
This section covers benefits for time lost by employees due to personal illness or injury and family illness. In the event of a long-term illness, employees will typically receive full benefits and pay at the straight-time hourly rate for a period up to six months until Long-Term Disability becomes applicable. The COMPANY will work with the employee to allow the employee to apply for Long-Term Disability benefits. In no event shall employees receive more than 6 months of pay for any illness unless agreed to in writing by the COMPANY's Labor Relations Department.
Personal/Family Illness: All regular full-time employees will receive a combined 40 hours of personal/family illness per year. New hires will receive a pro-rated amount of personal/family illness time based on the number of months they will work that year. Unused personal/family illness time will not be carried over to the next year. If personal/family illness time is exhausted, personal choice time or vacation time will be used in its place before unpaid time off will be allowed. Personal/family illness time may be used for an employee's personal illness, well care and medical/dental appointments. Personal/family illness time also may be used for illness and well care of a member of an employee's immediate family (this applies to the employee's spouse, children, and mother/father.) Personal/family illness time must be taken in a minimum of one-hour increments. Employees are not paid for unused personal/family illness time upon termination of employment.
Short Term Disability
Employees hired after ratification of this contract will fall under the following:
| Years of Service | Short Term Disability Available |
|---|---|
| Less than 1 year | 1 week (40 hours) |
| Over 1 year but less than 2 years | 2 weeks (80 hours) |
| Over 2 years but less than 3 years | 4 weeks (160 hours) |
| 3 years and over | Up to six months |
Employees with over 1 year of service but less than 3 years of service may be allowed to use up to three months of short-term disability for serious medical issues approved from the employee's Medical Physician, Olin Medical Department, and Labor Relations.
Olin provides a Long-Term Disability 60% income protection plan, at no charge, to employees who have completed one year of continuous full-time service while actively at work. An additional 16.7% of coverage is available at employee cost.
FMLA
If an employee is on an approved leave under the Family and Medical Leave Act (FMLA) unpaid leave is only an option after vacation, personal/family illness, and personal choice time has been exhausted.
Paid Parental Leave
After 6 months of employment, employees may be eligible for a maximum of 160 hours of paid parental leave per birth, adoption, or placement of a child/children for adoption or foster care event (multiple child situations constitute a single event.) In no case will an employee receive more than 160 hours of paid parental leave in a rolling 12-month period, regardless of whether more than one birth, adoption or foster care placement event occurs within that 12-month time frame.
Each week of paid parental leave is compensated at 100% of the employee's regular, straight-time weekly pay. Payments will be made in accordance with the employee's regular pay schedule.
Approved paid parental leave may be taken at any time during the six-month period immediately following the birth, adoption, or placement of a child with the employee. The time must be taken in one continuous period of leave. Any unused paid parental leave will be forfeited at the end of the six-month time frame.
Paid Parental Leave Additional Rules: Runs concurrently with leave under the FMLA; Paid parental leave taken under this policy will run concurrently with any other relevant state or local leave; An employee who takes paid parental leave that does not qualify for FMLA leave will be afforded the same level of job protection as if they employee were on an FMLA qualifying leave; The company will maintain all benefits for employees during the paid parental leave period; Holidays do not extend the total parental leave entitlement; If this benefit is increased in any way during the period of this agreement, the Company agrees to meet and bargain with the Union over the increase.
Where the need for leave is foreseeable, an employee should provide at least 30 days' written notice. The employee should contact leaveadministration@olin.com to begin the process.
Section 2. Industrial Sick Leave
This section covers income benefits for time lost by employees due to industrial injuries or sicknesses covered by the state workers' compensation laws. The COMPANY will compensate the employee in an amount, when combined with any workers' compensation income benefits, equal to the employee's after-tax daily straight time base rate. This additional income benefit will be limited to a lifetime maximum of 52 weeks unless otherwise agreed to by Labor Relations.
The provisions of this section will apply only when: (a) the illness or injury is determined to be compensable under the Texas Workers' Compensation Insurance Law, and (b) the employee is complying satisfactorily with the instructions of the physician in charge of his/her case.
The COMPANY agrees to honor check-off forms signed by individual employees in the presence of one witness on forms furnished by the COMPANY which authorize the COMPANY to deduct from the employee's first paycheck each month the regular monthly dues of the employee. If the check-off authorization calls for deduction of a stated amount for initiation fees, such initiation fees will be deducted in a maximum of five installments, provided that no deduction is less than five dollars ($5.00).
However, not more than one such series of deductions will be made for any individual employee during the term of this contract. The first installment will be deducted from the paycheck issued the week following receipt of the authorization form. Such check-off authorization forms will be filled out in duplicate and a copy furnished to the UNION. This will be done only in strict compliance with the applicable State and Federal laws. If an employee does not receive a paycheck on the first day of a given month, the amount that should have been deducted that month will be added to the amount deducted the following month.
The check-off authorization card authorizes deduction of $5.00 for Initiation Fee, and 1.5 times the hourly wage plus any increases of Per capita tax as monthly Union Membership Dues. This assignment and authorization shall become effective as of the date it is received by the COMPANY and shall be irrevocable for the period of one year or until the termination of the current collective bargaining agreement, whichever occurs earlier.
Money deducted from pay checks as authorized herein for employees bargained for by the UNION will be forwarded by check to the address furnished the COMPANY by the UNION not later than the 20th day of the month in which the money is deducted, along with a summary sheet showing the name of each employee from whose pay checks dues and/or initiation fees were deducted and the amount deducted.
It is agreed that if changes occur in existing laws so as to permit a Maintenance of Membership provision to be included in this contract at a future date, then at that time and in full compliance with the then existing laws, the parties shall meet and negotiate concerning the terms of a Maintenance of Membership provision.
Section 1. Wage Structure
For the duration of this Agreement, the job classifications and wage rates set forth in Exhibit A, and the minimum pension guarantees set forth in Exhibit C, are satisfactory to the parties hereto.
Section 2. Wage Increase
The wage increase for the employees for 2023 through 2027 shall be effective at 7:00 a.m. on the dates indicated in Exhibit A.
Section 3. Potential Wage Freeze
If the COMPANY initiates a COMPANY-wide annual wage freeze, that wage freeze would be applicable to bargained-for employees as well. In such event all wage increases will be postponed by one year.
Section 4. Pay Progression
Pay Progression for newly hired employees will be 36 months with increases in wages occurring every 12 months (see Exhibit A).
Section 5. Process Board Operator Rate
The UNION acknowledges that it is the COMPANY's management right to decide on a plant-by-plant basis which roles are Board Operator roles and whether to have separate or combined Board Operator and Outside Operator roles (i.e., do both or rotating) within the Process Operator Classification, and the number of such roles in each plant. The Operator Rate will maintain a $2.00 per hour pay differentiation from the Process Operator rate.
Section 1. Pay for Travel
An employee traveling on Olin business, with Leader approval, will be paid portal to portal. Job related travel during an employee's normal work schedule will be counted as time worked. If an employee is required to stay overnight, they will be paid for their normal work hours only. When traveling, if they are required to perform job like duties on hours other than their normal work schedule, they will be paid. If an employee elects to travel on a non-scheduled workday, travel time is not paid.
Section 2. Pay for Remote Off-hour Troubleshooting
Employees will be paid at the appropriate rate for time spent to resolve or troubleshoot problems during off-hours via telephone when the time involved is 8 minutes or more. Call-out minimums do not apply.
Section 3. Mandatory Shower Pay
Employees, that are required by Occupational Health Services, as a part of their job to take a shower prior to leaving the plant will be compensated for 10 minutes.
Section 4. Community Outreach
Employees will be paid when participating in community activities at Olin's Public Affairs request. The employee must obtain Leader and Labor Relations approval, following the Public Affairs guidelines, in advance to be compensated for time away from work. Employees will be compensated only for Community Outreach time that occurs during regular work schedule.
Should any part hereof or any provision herein contained be rendered or declared invalid by reason of any existing or subsequently enacted legislation or by any decree of a court of competent jurisdiction, such invalidation of such part or portion of this Agreement shall not invalidate the remaining portions hereof, and they shall remain in full force and effect.
The 90 days immediately prior to the expiration of the current bargaining Agreement will be used by the Department Leader and the department stewards to update or amend departmental side agreements pertaining to overtime distribution and lines of progression. If, during such 90-day period, no agreement is reached, the departmental differences will be settled during the negotiations of the new bargaining Agreement.
The COMPANY agrees that there will be no interference, intimidation, coercion, or discrimination in any manner against any person employed by the COMPANY because of participation in the activities of the UNION or because of race, age, creed, color, sex, national origin, disability, or veteran's status.
The UNION agrees that there will be no interference, intimidation, coercion, or discrimination in any manner against any person employed by the COMPANY because of race, age, creed, color, sex, national origin, disability, or veteran's status.
Both parties recognize their obligations under the Americans with Disabilities Act ("ADA") and agree to comply with the requirements of the statute. To the extent reasonable accommodation of a qualified employee with a disability requires a move, transfer, or change inconsistent with the terms of this Agreement, both parties agree to negotiate a mutually satisfactory resolution consistent with the requirements of the ADA and this Agreement.
The use of any male noun or pronoun in this Agreement is used in a neutral sense and is applied equally to both males and females.
The COMPANY reserves the right to assign Distribution Operators in any job opening in that classification within the Site Logistics department as well as move them between businesses within the department to meet business needs.
Site Logistics Structure
- Probationary Period is 12 months after first TRB.
- Pay Progression is 24 months.
- Process Operators cannot be laid off to Site Logistics.
- Process Operators can bid to Site Logistics per the site bidding process.
- Site Logistics minimum time to bid out to process is 16 months and meet site logistics bidding criteria (PT degree, etc.).
- Site Logistics minimum time to bid out to Cell Services is 16 months.
- Experienced hires will follow the site process for equivalent pay.
- Employees will be able to bid to Process Operator after 3 years in Olin Site Logistics.
Tier 1: Progression starts with hire date. 6 months. Stage Gate review to Tier 1A. Initial Start Level and Wage Rate.
Tier 1A: 6 months. Pass Stage Gate to Tier 2.
Tier 2: 12 months. Pass Stage Gate to Classification 3.
Tier 3: Top Out.
Tier 4: Bid into role. Limited Number of Roles. Can bid to Process Operator with Site Qualifications (i.e. PT degree, etc.), after been in Tier 4 role for 2 years.
Cell maintenance (M-83 & membrane) activities will be performed by the Cell Services Operator. The COMPANY will maintain a minimum of eight full-time Olin Cell Services operators and those employees will be paid as per the Cell Rebuild Operator classification in Exhibit A. The Cell Services and repair work will fall under the existing Contracting of Work language and also be responsible for solvent wash, cell gasketing, and cell repairs. Cell Services Operators wishing to move to other operator jobs will be required to meet all requirements in this Agreement pertaining to those jobs.
Cell Services Operators will perform other tasks when not involved in cell work. This will include miscellaneous process operational work including cell helper, weekly inspections, unloading, environmental waste packaging, waste storage, inspections, housekeeping, etc. Cell helper work will be at the direction of a Chlorine Production Process Operator. If the Process Operator, covering the cells, is off and the helper is qualified to independently perform the task he or she will be paid at the Process Operator rate of pay and not be eligible for pay upgrade at any other time while assisting Chlorine Production Process Operators.
Cell Services Operators may be assigned to perform work at other Olin locations. The Union agrees that a separate contract is not created when such employees are assigned non-bargained for work and further agrees not to claim jurisdiction over work or jobs assigned to Union employees that have been historically outside the jurisdiction of the Union. Cell Services Operators may be assigned to work with salaried cell rebuild personnel.
Cell Services employees will be able to bid to process after 3 years in Cell Rebuild.
The COMPANY, for just cause, has the right to discipline and discharge; require employees to comply with COMPANY policies, rules, procedures, regulations and practices; to require interactive cooperation with other employees and to refrain from engaging in any type of insubordination or misconduct. Progressive discipline will be used for non-significant offenses.
Severe violations which may result in termination without progressive discipline include but are not limited to violations of the Respect and Responsibility policy and the Minimum Standards of Conduct.
The UNION reserves the right to represent the employees coming under the jurisdiction of the UNION in all stages of discipline in compliance with the provisions of this contract.
Intent: Train and maintain knowledge to increase the competitiveness of Operators in a positive and safe manner. Ensure that all Operators are given the opportunities and assistance in achieving the desired training.
Section 1. Departmental Training
This will include the specific material and/or exercises for the specific plant processes, plant operating procedures, plant safety procedures, and for the specific tasks or duties that are relevant to the role or jobs for which the employee is being trained. The Company will define required skills testing for employees, above and beyond hiring requirements. These will be defined and administered within Department Training or Annual Training Requirements. All personnel will be required to successfully complete the departmental training and tests for the job. If questions arise regarding relevancy to the job and/or the degree of difficulty, the department steward may appeal such questions to the Site Labor Relations Department.
Section 2. Annual Training Requirements
Annual training/testing will be treated similar to the process used in initial Training Review Board and will stay within the appropriate I.P.T. or training modules. A reasonable test of the job requirements will be given. If questions arise regarding relevancy to the job and/or the degree of difficulty, the department steward may appeal such questions to the Site Labor Relations Department. The COMPANY will determine the training requirements for each job and may change those requirements from time to time.
The COMPANY and UNION agree to provide a work environment where job flexibility among bargained for employees is utilized to improve the competitiveness of Texas Operations. Among other productivity gains from implementing work flexibility, it is anticipated such flexibility will improve competitiveness, efficiency, and minimize contractors and non-bargained for employees.
The Company may choose to offer separation packages to an impacted work group when a work group is affected by downsizing or closure activities. Packages will be offered by plant-wide seniority on a volunteer basis. Number of packages being offered will be determined by the Company. Details of the packages will be negotiated with the Union.
The Company may, from time to time, restructure its business operations by the sale of assets, through a joint venture, by allowing a third party to construct assets on the site, or similar transaction. In the event of such transaction, the Company has the right to identify bargaining unit employees of the Company that may be eligible for an offer of employment by a new employer ("Newco"). Those identified employees that receive an offer of employment from Newco and that do not accept such offer will be considered a voluntary quit and not permitted to exercise their seniority to bump/displace another bargaining unit employee or a contractor.
In addition, the Company may assign employees in the bargaining unit, on a temporary basis without regard to seniority, to provide training or other services provided by the bargaining unit to the owner(s) of such assets including their employees and contractors. Such training or other services may be assigned and provided at Company or Newco facilities.
The Company agrees to pay to bargaining unit employees that accept employment with Newco a lump sum payment representing the difference during the first year of employment with Newco in the dollar value of benefits offered by Company as of the date of transfer and the benefits provided by Newco. Benefits specifically excluded from this one year calculation are pension, retiree medical and retiree life.
If Newco discontinues operations at the Freeport site and releases former Olin employees within 2 years of the commencement of such operations, the impacted former Olin employees will be considered for re-hire by Company prior to the Company posting externally for similar open positions. This will be honored for one year after the former Olin employees are released by Newco. Re-hiring shall be done based on the use of the Seven Criteria in the selection process. Such former Olin employees shall be notified by certified mail, return receipt requested, mailed to the last address on record in the Human Resources files, with a copy of this letter sent to the UNION. Such former Olin employees will be deleted from the eligible list when they, (a) fail to reply by certified mail, return receipt requested, within ten days after the mailing of the letter or (b) fail to show up at the scheduled interview, or (c) the candidate is deemed not fit for rehire by the COMPANY.
In the event of a Hurricane, employees who are released per the Texas Operations Hurricane Policy, will be guaranteed a maximum of five (5) days of their regularly scheduled straight time pay occurring as the result of the formal declaration by site leadership that the site is moving to hurricane status, and will cease when site leadership declares the termination of hurricane status. This will include any extreme weather or operating circumstance, as declared by site leadership. Employees that do not return at time requested by management within (24) hours of the request, will not receive such pay. Employee must follow other applicable requirements, not leave until released, etc.
Contracting of Work
Janitor, and seasonal jobs, may be filled by contractor employees as bargaining unit employees leave and create vacancies. The COMPANY may use contractor employees on Yard, Utility Work, Crane and Equipment Operator jobs.
Any bargaining unit work, including that mentioned above, may be assigned to contractor employees for part of a work day and part of a workweek. Further, such work may be assigned to contractor employees for full workweeks for periods of time of less than a permanent nature. The purpose of such assignments as mentioned in this paragraph will be to supplement and/or fill non-permanent vacancies left by the regular, full-time bargaining unit employees performing the same or similar work.
The COMPANY agrees that the work within the jurisdiction of the UNION being performed by contractor employees shall serve as a cushion in the event there is a reduction in force in the bargaining unit. In this event, the COMPANY will replace contractor employees on such work where it makes sense economically and to the extent that each bargaining unit employee is physically able to perform the work of the displaced contractor employee.
This agreement will be effective for the duration of the current bargaining agreement and is made in conjunction with and subsequent to the current bargaining agreement.
Work Stoppage Training
The UNION acknowledges that the current jurisdiction clause language does not in any way prohibit the COMPANY from training salaried employees to perform bargained-for work in emergency situations including a potential work stoppage.
This basic Agreement shall become effective as upon ratification and shall continue in effect to 4:00 p.m., May 21, 2028. The COMPANY agrees not to file an RM petition with the National Labor Relations Board during the term of this contract. Either party may on or before March 22, 2028, give notice to the other party of the desire of the party giving such notice to negotiate with respect to the terms and conditions of a new basic Agreement. If such notice is given, the parties shall meet at an agreeable time to negotiate the provisions of the new basic Agreement.
The following schedule of wage rates shall be made effective at 7:00 a.m. on the Monday of the first full pay period in the month of May of the respective year beginning in May 2023.
Wages — Process Operators in Progression
| Step | Description | Current Wage | 2023 (2.9%) | 2024 (3.0%) | 2025 (3.1%) | 2026 (3.2%) | 2027 (3.5%) |
|---|---|---|---|---|---|---|---|
| 24 | 0-12 MOS Process Operator | $32.30 | $33.24 | $34.23 | $35.30 | $36.42 | $37.70 |
| 86 | 0-12 MOS PO Board | $34.30 | $35.24 | $36.23 | $37.30 | $38.42 | $39.70 |
| 25 | 12-24 MOS Process Operator | $36.07 | $37.12 | $38.23 | $39.41 | $40.68 | $42.10 |
| 87 | 12-24 MOS PO Board | $38.07 | $39.12 | $40.23 | $41.41 | $42.68 | $44.10 |
| 66 | 24-36 MOS Process Operator | $40.63 | $41.81 | $43.06 | $44.40 | $45.82 | $47.42 |
| 67 | 24-36 MOS PO Board | $42.63 | $43.81 | $45.06 | $46.40 | $47.82 | $49.42 |
Wages — Process Operators
| Step | Description | Current Wage | 2023 (2.9%) | 2024 (3.0%) | 2025 (3.1%) | 2026 (3.2%) | 2027 (3.5%) |
|---|---|---|---|---|---|---|---|
| 97 | LAB OPERATOR | $41.33 | $42.53 | $43.80 | $45.16 | $46.61 | $48.24 |
| 46 | LAB OPER TRAINING | $39.33 | $40.53 | $41.80 | $43.16 | $44.61 | $48.24 |
| 45 | CELL REBUILD OPER | $36.01 | $37.05 | $38.17 | $39.35 | $40.61 | $42.03 |
| 83 | PO BOARD | $44.35 | $45.58 | $46.89 | $48.28 | $49.76 | $51.43 |
| 84 | PO BOARD TRAINING | $42.35 | $43.58 | $44.89 | $46.28 | $47.76 | $49.43 |
| 93 | PROCESS OPERATOR | $42.35 | $43.58 | $44.89 | $46.28 | $47.76 | $49.43 |
| 94 | PROCESS OPER TRNG | $40.35 | $41.58 | $42.89 | $44.28 | $45.76 | $47.43 |
Distribution Operators
| Step | Description | Current Wage | 2023 (2.9%) | 2024 (3.0%) | 2025 (3.1%) | 2026 (3.2%) | 2027 (3.5%) |
|---|---|---|---|---|---|---|---|
| 47 | Tier 1 | $23.93 | $24.62 | $25.36 | $26.15 | $26.99 | $27.93 |
| 48 | Tier 1A | $25.93 | $26.68 | $27.48 | $28.33 | $29.24 | $30.26 |
| 49 | Tier 2 | $27.10 | $27.89 | $28.72 | $29.61 | $30.56 | $31.63 |
| 51 | Tier 3 | $31.76 | $32.68 | $33.66 | $34.70 | $35.82 | $37.07 |
| 52 | Tier 4 | $36.20 | $38.28 | $39.43 | $40.65 | $41.95 | $43.42 |
When the term "Plant A" is used in this contract, it refers to the plant which was known, prior to February 8, 1947, as Texas Division, The Dow Chemical Company, Freeport, Texas. Where the term "Plant B" is used in this contract, it refers to the plants which were known, prior to February 8, 1947, as Styrene Division, The Dow Chemical Company, Velasco, Texas, and Dow Magnesium Corporation, Velasco, Texas.
Pension
The company will include bargained for employees in the Olin Corporation Contributing Employee Ownership Plan (CEOP). All current new hire employees will receive a 5% contribution of eligible compensation to the plan. Any employees that joined as part of Blue Cube Operations on October 5, 2015 will remain on their current plan through December 31, 2017 (the comparability period). On January 1, 2018, all employees will move to the following contribution schedule:
- Employees who are age 45 and older are eligible to receive a Company Retirement Contribution of 7.5% of eligible compensation.
- Employees who are younger than age 45 are eligible to receive a Company Retirement Contribution of 5.0% of eligible compensation.
- The contribution rate changes the month following the employee's attainment of age 45.
The Olin 401K portion of the CEOP will be matched based on base pay, plus all regularly scheduled overtime. Bargained for employees will have access to their benefits at workstations.
Benefits
Current benefits available to the Union shall be made available to the employees covered by this agreement. However, the Company reserves the right to alter or modify these programs in order to maintain alignment with salaried benefit plans. Prior to a decision to modify these programs, the Company will meet with the Union to discuss possible changes and the rationale behind those changes. Any proposal by the Union during these discussions will be considered by the Company. Employee healthcare coverage cost will remain at 30% (employee) and 70% (company) for the life of the current contract. However, if the plan design is considered a Cadillac plan by the Affordable Health Care Act, then the employees will pay 100% of the additional excised penalty plus 30% of the premium. The Company shall provide the Union upon request relevant information needed to make reasonable proposal to any changes that may occur.
Listed below are the various departments in which Operating Department Seniority applied as of November 13, 2015. Changes resulting from consolidating or splitting of departments will also be made as necessary.
- Analytical Ops
- B23 EI Operations
- B68 Epoxy Intermediates
- CA Chlorine 7 Operations
- CAA L&D Operations
- Marine Epoxy TICA LER/LEN
- CMP Freeport Energy Hourly Opns
- Chlor-Alkali Cell Svcs Fpt
- Chlorine 3 Hourly
- Chlorine 4 Hourly
- Freeport Chlorine 5 Operations
- EDC/NPA Production
- Epoxy II Operations
- Epoxy One Production
- Site Logistics
- Trichlorethylene Operations
Section 1. Recognition Program
Employees shall be entitled to the identical Recognition program as salaried employees. All terms and conditions of the COMPANY's recognition program shall apply including non-payment terms and the COMPANY shall have the right to modify the program in any manner from time to time. The COMPANY has no obligation to award an annual minimum aggregate amount to employees.
Section 2. Performance Award Program
Employees shall be entitled to the identical annual performance award program as Freeport salaried employees except that the 1X (target) payout is 4% and the 2X (maximum) payout is 8% of annual base pay. All terms and conditions of the COMPANY's annual performance award program shall apply including non-payout terms due to individual and COMPANY performance. The COMPANY shall have the right to modify the program in any manner from time to time. Notwithstanding any provision contained in the contract to the contrary this decision may not be grieved.
Department Leaders will determine individual variable pay (PA) following completion of the annual performance management process.