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MEMORANDUM OF AGREEMENT
BETWEEN
BP PRODUCTS NORTH AMERICA INC.,
AS THE REFINERY OPERATOR FOR
BP-HUSKY REFINING LLC
AND
UNITED STEEL WORKERS
LOCAL 1-346
It is hereby agreed by and between the parties that their existing collective bargaining agreement be amended to reflect the following:
ITEM 2. Increase overtime meal allowance
During these negotiations the parties had discussions regarding the current meal allowance level. To resolve this issue Management will increase the meal allowance to $8.75 and reduce the hours of service of the cafeteria. In addition, vending machines will be placed in the refinery.
ITEM 3. Reinstate labor department
During these negotiations the parties discussed potential uses for the “yard”. In the current collective bargaining agreement the “yard” is defined as the labor department. The Union presented a number of reasons to repopulate the labor department, one of those being that new employees would have a better opportunity to gain a broader view of the refinery before selecting a position during the B.O.O.T process. As a resolution to this concern, Management will incorporate a training module that includes working in the labor department during B.O.O.T. This B.O.O.T Module will be done prior to an employee’s selection of a position in the refinery.
ITEM 5. Accelerate repopulation of maintenance department
After many years of discussion regarding Maintenance Repopulation, the parties agreed to a Maintenance Repopulation Agreement in June 2007. This agreement was then ratified by the membership of the Union shortly thereafter. This agreement was part of the BP-USW Ten Point Plan agreed to by the USW International Union and BP.
To date, Management and the Union have made significant progress on the implementation of this agreement and remain committed and on schedule to execute the many remaining, important milestones.
Management and the Union formed a Maintenance Steering Committee shortly after ratification of the agreement to discuss issues surrounding the repopulation. To resolve this issue, Management agrees that it and the Union will continue to work Maintenance Repopulation issues through this Steering Committee, including holding meetings on a frequency of at least once per quarter until the agreement is fully implemented.
ITEM 8. Vacation eligibility for new hires to mirror salaried employees (Article V Section 1)
After discussion of the issue of vacation eligibility for hourly new hires, Management agrees to modify the existing vacation language for new hourly employees to be consistent with the BP vacation policy.
(Copy of policy attached)
ITEM 13. Modify Article IV Section 5 heading
After discussing this issue, Management will modify Article IV Section 5 to read as follows:
Overtime and Premium Pay, Maintenance Workers
ITEM 14. Modify Article IV Section 6 heading
After discussing this issue, Management will modify Article IV Section 6 to read as follows:
Overtime and Premium Pay, Shift Workers
ITEM 18. Revisit recent OM&S Agreement
After several years of discussion regarding the Oil Movement and Storage (OM&S) organization the parties agreed to an OM&S reorganization in March 2008. This OM&S reorganization agreement was then ratified by the membership of the Union shortly thereafter.
Since the implementation of the agreement there have been issues brought forth by the parties that need resolution. To resolve this issue Management agrees that it and the Union will have OM&S implementation meetings quarterly until the realignment is complete. The meetings will provide a regular forum to present current issues impacting the implementation of the new OM&S agreement.
ITEM 19. Modify Temporary Supervisor language 3.32
After discussion of the issues raised by the Union regarding Article III, Section 4, paragraph 3.32., this paragraph will be modified to read as follows:
“Any employee in this bargaining unit temporarily promoted to a supervisory capacity as defined in Article II, Section I, shall retain job rights on the job he left in this bargaining unit.”
ITEM 24. Clean up contract language
The parties agree to update the local agreement with modifications since 2002. This will also resolve Management’s Issue #12.
Item #26: Institute a “Pay for Knowledge” for new hires while in training
Proposal:
Progression for Operations New Hires
- Applicable for all new hourly operators commencing employment after the ratification of this agreement or the effective date of the contract, whichever is later.
- New hourly operators commence employment at the current reduced hourly wage rate ($23.87).
- New hourly operators begin Basic Operations Operator Training (BOOT), which is 8-10 weeks in duration at the present time. Management can change the duration of the BOOT based on future training requirements.
- After successful completion of BOOT, new hourly operators will select a position within the refinery based on current openings.
- Each zone has 3-5 jobs to learn as an extraboard.
- Each job will be worked up to 12 months, including approximately 2-6 weeks needed to train and qualify on a job.
- After a new hourly operator qualifies on one job, he/she will go on shift to work that job both in conjunction with the regular operator and without the assistance of the regular operator.
- There will be a minimum time (6 months) after the operator qualifies on a job to embed the learning associated with the new job. There will also be a maximum time (12 months, including the training and qualifying time) to embed the learning.
- After the minimum time working on the initial job has been completed, but prior to the maximum time, the new operator must begin the process of training and qualifying on the second job within their zone.
- No later than 12 months after qualifying on the initial job the new operator must complete training and qualifying on the second job.
- While training on the second job the operator will remain on shift and fill in as needed on the initial job he/she previously qualified on.
- Training, qualifying and working on all additional jobs within the zone will occur in a similar fashion.
- After learning a job or jobs within the zone the employee will work the previous job or jobs he/she has qualified on to retain the learning from the previous jobs.
- New hourly operators will not have the opportunity to bid on jobs while in training.
- Management retains the authority to assign employees to jobs they are qualified on in order to maintain efficiency of the operations.
Pay increases will be modified under the following progression
- Upon successful completion of BOOT 75%
- After qualifying on job 1-80%
- After qualifying on job 2-85%
- After qualifying on job 3-90%
- After qualifying on job 4-95%
- After being qualified on all jobs in the zone Full Rate
Other Items
1. An extra board who completes this training and progression process and receives a bid to an operator role within the zone will be required to maintain his/her qualification in his/her previous jobs.
2. After an employee is qualified on a job, he/she will be eligible for overtime opportunities in that job
3. An employee will be eligible to work overtime on any job he/she is qualified on
4. If an employee fails to qualify on a job he/she will be subject to termination
5. Upon qualifying on all jobs within a zone an employee is capable of performing any job in the zone both during straight time and on overtime hours
Item #27: New Hires will remain in their respective zone for two years after qualifying on all jobs in the zone.
Proposal:
After a newly hired employee qualifies in his/her job classification in his/her zone, the employee will be subject to a two (2) year freeze on cross bidding on another job in the refinery. Only three (3) cross bids are permitted during an employee’s career.
Item # 28: Existing employees who transfer via cross bid will progress through training in the new position in the same progression as a new hire going into the new position including pay progression.
Proposal:
· After being awarded a cross bid into either an operator or extra board position:
o The employee will qualify on all jobs within the zone
o Training will progress in a similar fashion similar to training for a new hire
§ Train, qualify, and then embed the learning
§ Minimum 3 months to embed learning
§ Maximum 6 months to train and qualify on next job in zone
o Operators will maintain their qualifications on all jobs in the zone and brush up on all jobs in the zone
o After qualifying on all jobs in the zone the employee will not be able to cross bid for 2 years
Item #29: Extend probation period to 12 months:
a. Paragraph 3 .3 modified
Proposal:
Definition of Seniority - Seniority shall start twelve (12) months after date of employment into a position covered by this agreement, with the understanding that should a new employee continue in service longer than twelve (12) months, his seniority will date back to the date of his employment into a position covered by this agreement (the first twelve (12) months of employment being considered as a probation period). It is understood that in the event a new employee is hired into a position covered by this agreement for temporary work and is laid off prior to the expiration of the twelve (12) months probation period, but is later rehired within 365 days, his prior service will be accumulated as to seniority.
30.A. Modified Lab Proposal:
Add the following language under Exhibit B, B-13
Laboratory Vacancy:
When there is a vacancy in the Laboratory, the vacancy will be posted as a Laboratory Technician - Days, Laboratory Technician - Rotating Days, or Laboratory Technician - Shift.
Eligibility will be as follows:
a. Laboratory Technicians by seniority
b. Laboratory Extra Boards by seniority
c. Refinery at large by seniority
d. Least senior Extra Board in the Laboratory will be assigned the vacancy
e. Least senior unassigned employee will be assigned the vacancy
f. Least senior employee in the refinery will be assigned the vacancy
30.B. Modified Extra Board Assignment Proposal
Modify Exhibit B, B-11, 3.
It is understood that extra board positions not filled by bidding will be filled by assignment or reallocation. When assigning newly hired operators, the extra board positions will not be offered to the refinery at large. Positions filled in this way will not be considered original vacancies.
Item #31: Modify Contractual Letter S to allow OGOQ’s to opt out of OGOQ role earlier than 7 years contingent on becoming a qualified IGOQ.
Proposal:
The only exception to paragraph 8 is the following:
Employees classified as OGOQ’s may request to opt out of their Q status at any time in order to become an IGOQ in their primary zone. Management will review these requests and retains the authority to make a determination based on the needs of the business. If a request is granted, once the employee qualifies as an IGOQ, he may not opt out of the IGOQ classification for seven (7) years
Item #32: Eliminate Attendance Incentive Program
Proposal:
After reviewing the Union’s response to Management’s proposal regarding eliminating the current attendance incentive with the Union; Management agrees to withdraw this proposal. The parties annually renew the Attendance Incentive for the upcoming year and will have the opportunity to discuss modifications to this program in the future. Attached find a copy of the agreement for the 2008 Attendance Incentive as a reference.
Item #33: Extend the length of time for Temporary Supervisor assignments
Revised Guidelines:
Temporary Supervisor Guidelines
(a) Management will inform Union of the anticipated length of assignment; however, Management maintains the flexibility to change the length of the assignment as needed
(b) Management will inform Union who has accepted the assignment
(c) Management will keep track of how long the assignment lasts
(d) Management will inform Union of the scope of the assignment; however, Management maintains the flexibility to modify
(e) Whenever an hourly person moves to a temporary supervisory role, a new slip will be issued for the vacancy created
(f) Asset Superintendents hold the authority and responsibility for Temporary Supervisor assignments
(g) The same method of compensation for hours worked will be used for all Temporary Supervisors
(h) No employee can serve as a Temporary Supervisor for more than 18 months (cumulative) during the term of the Contract
Item #34: Language to allow holdover beyond 2 hours.
Proposal:
Revised C-16:
The procedure outlined shall apply only to vacancies which cover more than four hours. When a vacancy of four hours or less at the end or beginning of a shift occurs, it shall be filled by holding over or calling in early or holding over the employee working in that classification at Management’s discretion.
Item #35: Ability to move Operator GOQ’s to another crew to cover vacancy for over 2 weekers on a voluntary basis.
Proposal:
Modify paragraph C-42-2.
- When filling G.O. Temporary Vacancies of over two weeks’ duration, the most senior eligible Operator GOQ on the shift is the most eligible.
- If no one accepts the vacancy and there are no eligible Operator Q's on the remaining shifts or eligible extra board Q's, the least senior eligible Operator Q is assigned the vacancy. The Operator Q vacancy is then offered to the most senior eligible extra board by seniority. In the event, there is no eligible extra board available, the GO vacancy is filled by overtime.
- If no one accepts the vacancy and there are eligible Operator Q's on the remaining shifts or eligible extra board Q's, the vacancy is then offered by seniority to those eligible Q's. If no one accepts the vacancy, the least senior eligible extra board Q is assigned the vacancy. If no eligible extra board Q is available, the vacancy will be filled by the least senior eligible Operator Q on shift. If no eligible Operator Q on shift is available, the vacancy is filled by overtime.
Item #36: Modify paragraph J-2 for Administrative Procedures for Maintenance Overtime.
Current language:
When it is necessary to work past the normal maintenance quitting time, the person working the job will continue working the job if it is judged at the time the work will not continue over two additional hours. If it is judged the work will continue over two additional hours the employees in the needed classifications with the least amount of overtime will be offered the opportunity to work the overtime.
Proposed Language:
When it is necessary to work past the normal maintenance quitting time, the person working the job will continue working the job if it is judged at the time the work will not continue over four additional hours. If it is judged the work will continue over four additional hours the employees in the needed classifications with the least amount of overtime will be offered the opportunity to work the overtime.
Item #37: Update local agreement for contractual changes since the 2002 contract
Proposal:
The parties will identify agreements and/or settlements to be included in the local collective bargaining agreement reached since 2002. This will also include modifying both parties’ names. The intent is to reflect as accurately and concisely as possible those agreements between the parties.
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