Attachment_IV_Wage_Determination_SPE603-18-R-0510.pdf

REGISTER OF WAGE DETERMINATION UNDER | U.S. DEPARTMENT OF LABOR

THE SERVICE CONTRACT ACT |EMPLOYMENT STANDARDS ADMINISTRATION

By direction of the Secretary | WAGE AND HOUR DIVISION of Labor | WASHINGTON D.C. 20210 | Wage Determination No.: CBA-2017-10911 Diane Koplewski Division of | Revision No.: 0 Director Wage Determinations| Date Of Last Revision: 12/29/2017 State: Maine

Area: Cumberland

Employed on Defense Logistics Agency - Energy contract for Plant Operator.

Collective Bargaining Agreement between contractor: Gulf Oil Limited Partnership, and union:

United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Local 00366-11, effective 2/1/2017 through 2/1/2020 and amended on 2/1/2017.

In accordance with Section 2(a) and 4(c) of the Service Contract Act, as amended, employees employed by the contractor(s) in performing services covered by the Collective Bargaining Agreement(s) are to be paid wage rates and fringe benefits set forth in the current collective bargaining agreement and modified extension agreement(s).

Page 1 of 1CBA WD

12/29/2017https://www.wdol.gov/DisplayT4CWD.aspx?WDNo=CBA-2017-10911

Gulf Management Services

Limited Partnership

United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service

Workers International Union

Local 00366-11, AFL-CIO-CLC

February 1, 2017

INDEX

PAGE

PREAMBLE -----------------------------------------------------------------------------------------3

ARTICLE 1 RECOGNITION ---------------------------------------------------------------3

ARTICLE 2 UNION SECURITY -----------------------------------------------------------3

ARTICLE 3 UNION ACTIVITIES ----------------------------------------------------------5

ARTICLE 4 HOURS AND OVERTIME ---------------------------------------------------5

ARTICLE 5 HOLIDAYS ---------------------------------------------------------------------6

ARTICLE 6 VACATIONS -------------------------------------------------------------------7

ARTICLE 7 BENEFITS ----------------------------------------------------------------------8

ARTICLE 8 MANAGEMENT RIGHTS ----------------------------------------------------9

ARTICLE 9 SENIORITY -------------------------------------------------------------------10

ARTICLE 10 GRIEVANCES ----------------------------------------------------------------11

ARTICLE 11 ARBITRATION ---------------------------------------------------------------13

ARTICLE 12 NO STRIKES - NO LOCKOUTS --------------------------------------------14

ARTICLE 13 WAGE RATES ----------------------------------------------------------------15

ARTICLE 14 PAID TIME OFF --------------------------------------------------------------15

ARTICLE 15 JOB POSTING ----------------------------------------------------------------16

ARTICLE 16 MISCELLANEOUS -----------------------------------------------------------17

ARTICLE 17 EFFECT OF AGREEMENT --------------------------------------------------19

ARTICLE 18 DURATION AND RENEWAL -----------------------------------------------19

SCHEDULE "A" ------------------------------------------------------------------------------------20

SCHEDULE "B" ------------------------------------------------------------------------------------21

AGREEMENT

This agreement made and entered into this 1st day of February, 2017 between Gulf Management

Services, Limited Partnership, with its Operations in South Portland, Maine and the United Steel, Paper and Forestry, Manufacturing, Energy, Allied Industrial and Service workers International Union on behalf of Local 00366-11 (AFL-CIO-CLC).

ARTICLE 1

Recognition

1.1 The Company recognizes the Union as the exclusive bargaining representative of all full-time and regular part-time employees in the following classifications and locations:

Plant operators and lead terminal operators located at 175 Front Street, South Portland, Maine.

Excluded: All office clerical employees, all other employees, guards, and supervisors as defined in the National Labor Relations Act ("Act").

ARTICLE 2

Union Security

2.1 Incumbent employees (those employed as of May 1, 1996) who are members of the Union in good standing thirty (30) days after the effective date of this agreement or thirty (30) days after the date of ratification, whichever is later, shall, except as specified in this article, remain members of the Union in good standing for the duration of this agreement. Incumbent employee who become member of the union while this agreement is in effect, thereafter shall maintain their membership in good standing for the duration of the agreement.

2.2 The above provision is subject to the following exceptions: It is agreed that there shall be thirty (30) day period commencing on the effective date of this agreement or the date of ratification, whichever is later, during which an employee may withdraw from Union membership.

The Company may post upon its bulletin boards a statement of this provisions, listing the thirty day withdrawal period. Such withdrawal period will also be applicable for the first thirty (30) days of each subsequent year in the case of a multi year contract.

A member desiring to withdraw from the Union shall give written notice to the Union, with a copy to the

Company during the thirty (30) day withdrawal period. Such a notice may be given by depositing the same in the United States mail or delivering it personally to designated Union and Company representatives. A dispute as to the application of this article, including, but not limited to, whether an employees is a member of the Union in good standing, or effectively withdrew from Union membership as herein provided, may be submitted to arbitration as provided in this agreement or otherwise settled as mutually agreed by the Company and the Union. In the case of incumbent employees who become members of the Union while this agreement is in effect, the withdrawal period in the case of a multi year contract will be applicable for the first thirty (30) days of each contract year following the year in which membership was acquired.

2.3 All employees hired on or after May 1, 1996, shall as a condition of employment, no later than six months following the date of employment acquire and maintain membership in the Union in good standing.

2.4 Good standing shall mean the tender of periodic dues uniformly required as a condition of membership in the Union.

2.5 The Company agrees to deduct from wages of employees from whom the

Company has received a lawful, written assignment on a form such as is attached hereto as Schedule "A" and mutually acceptable to the Union and the Company, monthly dues in the sum as are set forth by the

Union, of which sum the Union will notify the Company. Any such agreement and assignment shall become null and void upon an employee's withdrawal from membership as provided in section 2 of this article.

2.6 The Union shall indemnify and save the Company harmless against any and all claims, demands, lawsuits, or other forms of liability that may arise out of or by reason of action taken by the Company in making payroll deductions of the Union membership dues or taking any other action pursuant to the provisions of this article.

ARTICLE 3

Union Activities

3.1 There shall be no discrimination against any employee because of Union activities as an officer or member of the Union. The Union will not engage in Union activities during working hours.

3.2 A total of sixty (60) hours of excused, unpaid union leave will be allowed to e-board level union representatives for the purpose of attending union conferences, conventions, and training.

Attendance at conferences, conventions, and training and other engagements which extend beyond (1) day, will require a minimum of 30 days advance notice, unless such notice is impracticable. None of the excused unpaid union leave will be considered “working time” for the purpose of calculating overtime.

Any unpaid union leave in excess of the sixty (60) hours provided above shall be subject to the company’s standard attendance and leave policies. The unpaid time off set forth above is for (1) calendar year and resets on January 1st of each year.

ARTICLE 4

Hours and Overtime

4.1 The regular workweek shall consist of five (5) regular workdays of eight (8) hours each or four (4) regular work days of ten (10) hours each.

4.2 The definition of a regular workweek and regular workday shall not constitute a guarantee as to the number of days per week nor hours per day, nor does it restrict the Company as to the days or hours an employee may be required to work.

4.3 Overtime assignments will be made on an equalized basis that is consistent with safe procedure and good business practice.

4.4 The employee with the least amount of overtime on a current shift will be offered the option of extending his shift subject to a maximum of 17 hours.

4.5 Should no one on that shift accept the overtime, the individual with the least amount of overtime not scheduled to work, will be offered the overtime hours.

4.6 Should no one accept the overtime hours, the operator scheduled to work that day with the least amount of seniority will be required to cover the hours not to exceed 17 hours.

4.7 Overtime at the rate of one and one-half (1 1/2) times the regular rate of pay shall be paid for all hours worked in excess of forty (40) hours in a workweek.

4.8 For the purpose of determining time worked in excess of forty (40) hours in a workweek, scheduled hours of work on a designated holiday not worked by an employee shall be considered as time worked for overtime purposes. Holidays occurring outside of the work schedule shall not be considered as time worked for said purposes.

4.8.1 All scheduled hours worked on Easter Sunday will be compensated at a straight time overtime rate

4.9 Shift differential shall be paid for hours actually worked subject to the following conditions:

4.9.1 For the hours worked between:

4:00 p.m. - 12:00 midnight 1.00/hour

12:00 midnight - 8:00 a.m. 1.50/hour

4.9.2 Overtime at the rate of one half (1 %) times the regular rate of pay will be applied to the shift differential.

4.10 When an individual must be available to accept weekend calls, that individual will receive 4 hours standby pay at his/her base rate.

4.11 Any plant operator who is required to work sixteen (16) consecutive hours will be eligible for a Fifteen Dollar ($15.00) meal allowance provided by the Company.

ARTICLE 5

Holidays

5.1 Should it be necessary to schedule holiday work, employees normally scheduled to work on a holiday, will be offered the overtime opportunity with the preference given to the person with the lowest accumulated overtime hours. Should no one accept the overtime opportunity, the junior person normally scheduled will work the shift.

New Year's Day Thanksgiving Day

President's Day Day after Thanksgiving

Memorial Day Christmas Day

Independence Day Five (5) Floaters

Labor Day

5.2 Should it be necessary to schedule holiday work, employees normally scheduled to work on the day/night on which a holiday falls will be assigned the required work on such holiday before the work is assigned to employees not scheduled to work on such holiday.

5.3 When a holiday falls on a day that the employee is not scheduled to work, he will receive payment at the straight time rate or can bank the holiday for use at a later time, with pay not limited to a particular shift. Coverage for the vacated shift will be assigned by the Company. The

Company may grant a request for a banked holiday as soon as possible, but prior to 36 hours in advance of the day in question

5.4 When an employee's regularly scheduled day fall on a holiday and he is not required to work, the scheduled hours for that day shall be considered to be hours worked for the purpose of computing overtime for the work week.

5.5 Holidays due an employee per Section 5.3 must be taken or compensated for by

December 31 in the year earned with the exception of Thanksgiving, Day after Thanksgiving and

Christmas. Thanksgiving, Day after Thanksgiving and Christmas must be taken or compensated for by

October 1 of the following year.

ARTICLE 6

Vacations

6.1 Vacation year is from January 1 through December 31. Employees, by seniority, may exercise their choice of vacation from schedules established by the Company. Employees may select up to one (1) week of vacation in days. Selections shall be made in conjunction with the normal selection of vacation and, as at present, the Company may refuse to grant the employee's selection if, in the Company's judgment, such selection is not in the best interest of the Company. A single vacation day taken in any week will be considered as time worked for the purpose of computing overtime.

Employees will accrue vacation time per the following schedule:

Days of Employment to 5 full Years .167 Wks/Mo., Max Two Wks/Per Yr.

After January 1 of Year following .25 Wks/Mo., Max Three Wks/Per Yr. Fifth Anniversary

After January 1 of Year following .33 Wks/Mo., Max Four Wks/Per Yr. Tenth Anniversary

Administration as follows:

6.1.1 Vacation time due will begin to accrue on the day of employment and will accumulate at a rate of .167 weeks for each full month of service completed. Upon completion of a six (6) month probationary period, an employee will be entitled to vacation time subject to supervisory approval. In the event the employee should leave the Company prior to completion of the full year and in the event that the employee has received time off with pay in excess of the time earned, he will be liable for repayment of such hours. Should it not be possible for the employee to take the vacation in the current year, he/she may carry over a maximum of 2 weeks accrued vacation into the following calendar year. Any additional unused accrued vacation beyond 2 weeks will be lost.

6.1.2 As of January 1 of the year following the employee's 5th anniversary date, the employee will be entitled to three weeks of vacation earned at a rate of .25 weeks for each full month of time actively worked. The procedure for payback of time taken but not earned will be the same as contained in "A".

6.1.3 As of January 1 of the year following the employees 10th anniversary date, the employee will be entitled to four weeks vacation earned at a rate of .33 weeks for each full month of time actively worked. The procedure for payback of time taken but not earned will be the same as contained in "A".

ARTICLE 7

Benefits

7.1 The Company agrees to extend to current union membership any improvements in the Gulf Oil benefit plans as they are made during the life of this agreement.

Since the Company may wish to amend or revise Company benefits during the term of the agreement and since it is recognized that the Company benefit plans are Company-wide plans, amendments and revisions to them cannot be made to coincide with collective bargaining dates. If, during the term of the agreement it becomes necessary to alter or amend Company benefit plans, the Company shall notify the

Union of any proposed amendments and, confer, if requested.

Continuous service for the purpose of the various Company benefit plans shall not be subject to the grievance and arbitration procedures of the agreement. The terms and conditions of the benefit plans shall be computed on the basis of the employee's officially established service grade as determined by the Company.

7.2 Plant Operators will be covered by the company benefit plans associated with long term disability.

ARTICLE 8

Management Rights

8.1 The listing of the following specific rights of management in this article is not intended to be, nor shall be, considered restrictive or as a waiver of any of the rights of the Company not listed herein. Such inherent management responsibilities shall remain exclusively with the Company and shall not be subject to grievance or arbitration except to the extent that such management responsibilities may be limited by specific provisions of this agreement.

8.2 The Company shall have the freedom of action to discharge its responsibility for the successful operation of its business undertaking, and the Union recognizes the Company's right to manage the business in all respects, to determine policy matters from time to time, and to operate the plant and direct the employees, including the right to make and enforce reasonable rules and regulations (which shall be deemed as being physically attached to and made a part of this agreement), the right to hire, suspend or discharge for cause, the right to assign to jobs, to transfer employees from job to job, to increase and decrease the working force, the right to contract out work and to generally determine the extent to which its own or other facilities shall be used, to determine products to be handled, produced or manufactured, the right to schedule production and require overtime work, the right to determine hours and days of work, and establish methods, processes and means of production or handling, to establish, change, combine and abolish jobs, and the right to establish standards of quality, said rights being vested exclusively in the Company. Any rights or authority the Company had prior to the signing of a Union agreement are retained by the Company, except those rights which are specifically and explicitly modified by the express provisions of this agreement.

ARTICLE 9

Seniority

9.1 Seniority is defined as the length of continuous service with the Company within the bargaining unit since the most recent date of hire. Seniority as herein defined shall be acquired upon the successful completion of the probationary period.

9.2 For the first six (6) months after the date of hire, employees shall be regarded as probationary employees, and within such period, the Company shall have the right to discharge or discipline such employees for any cause whatsoever without recourse to the grievance or arbitration provisions of this agreement.

9.3 Should it be necessary to lay off employees, the Company shall determine the number of employees to be laid off in the job classification subject to reduction. Probationary employees shall be laid off first and thereafter employees in the affected job classification shall be laid off in accordance with their seniority, providing skill, proven ability, reliability, and qualifications are substantially equal. Said employees shall be recalled from layoff in the reverse order from which laid off in accordance with their seniority, providing their skill, proven ability, reliability and qualifications are substantially equal.

The Company shall be the sole judge as to whether skill, proven ability, reliability, and qualifications are substantially equal. A claim that the Company has exercised its judgment arbitrarily and capriciously may be subject to the grievance and arbitration procedures.

9.4 Seniority and employment relationship shall terminate if any of the following occurs:

9.4.1 The employee is discharged for cause;

9.4.2 The employee quits or retires;

9.4.3 The employee is absent from work for three (3) successive working days without prior and proper notification to the Company; provided that this provision shall not be construed as authorizing absence for any period, unless the employee provides a legitimate reason for such failure acceptable to the Company;

9.4.4 The employee, when offered recall from layoff, fails to inform the

Company of his intent to return to work within four (4) calendar days after the date on which the notice of recall by registered mail is received at the employee's address as shown on the records of the

Company, or he fails to report to work when scheduled to report by the Company, unless the employee provides a legitimate reason for such failure acceptable to the Company;

9.4.5 The employee is laid off for more than the following period(s) of time:

Length of Service Seniority Retained For

6 months but less than 1 year 90 days

1 year but less than 5 years 180 days

5 or more years 365 days

9.4.6 The employee fails to return to work following a leave of absence immediately upon expiration of the leave.

9.4.7 The employee is absent for twelve (12) consecutive months in the case of non job related excused illness or injury, and two (2) years in case of excused job related illness or injury.

9.4.8 The employee engages in employment elsewhere while on leave of absence.

9.4.9 When an employee is promoted from the bargaining unit to a position of supervisor and then returns to the bargaining unit, he or she shall return, provided his or her services are still required by the Company, with full seniority credits accrued while a member of the bargaining unit provided the employee returns to the bargaining unit within one year. No bargaining unit seniority will be accrued while an employee is a member of management.

ARTICLE 10

Grievances

10.1 The term grievance as used in this agreement is defined as a dispute by an employee who has completed his probationary period against the Company, alleging a violation of a specific and express term of the agreement, or involving a disciplinary penalty, including discharge, which is alleged to have been imposed without cause. A dispute as to matter not specifically included in this agreement shall not be subject to the grievances procedure.

10.2 Grievances shall be presented immediately upon their occurrence but not later than seven (7) workdays after their occurrence, and then shall be processed in the following manner:

Step 1: Between the employee and, at his request, the Union steward and the appropriate supervisor. If the grievance is not settled within three (3) workdays, the grievance shall be reduced to writing, signed by the employee and the steward and presented for adjustment within seven

(7) workdays. Said grievance shall state the specific nature of the occurrence giving rise to the grievance, the specific section or sections of this agreement claimed to have been violated, and the relief sought.

The supervisor shall reply in writing within seven (7) workdays from the receipt of the grievance.

Step 2: If the employee is not satisfied with the answer, he or she may appeal the matter through the Union to the appropriate Company representative. Such appeal shall be made in writing within ten (10) days of the date of such answer. The Company representative shall reply in writing within ten (10) workdays from its receipt from the Union. If the grievance is individual in nature, the grievant may settle the grievance without the approval of the Union steward; if, however, the grievance affects a number of employees or the bargaining units as a whole, then any settlement must be approved by the Union steward or other appropriate Union representative at this step.

Step 3: If the employee is not satisfied with the answer, he or she, through the

Union, may appeal the matter to the appropriate Company representative. Such appeal shall be made in writing within ten (10) workdays from the date of such answer. The Company representative shall render a decision in writing within 15 work days. Extensions will be granted based on mutual agreement.

If the grievance is individual in nature, the grievant may settle the grievance without the approval of the

Union steward; if, however, the grievance affects a number of employees or the bargaining unit as a whole, then any settlement must be approved by the Union steward or other appropriate Union representative at this step.

10.3 If the grievance is not settled as a result of the above, the Union may request the grievance be submitted to arbitration.

10.4 Notwithstanding paragraph 10.1, a dispute as to whether there has been a violation by the Union or an employee of Article 12, No Strikes - No Lockouts, may be submitted by the

Company as a grievance directly at Step 2.

10.5 Any grievance not processed within the time limits herein set forth shall be deemed abandoned unless the time is extended by agreement in writing between the Company and the

Union.

ARTICLE 11

Arbitration

11.1 Any grievance as defined in Article 10 that has not been settled pursuant to the grievance procedure may be submitted to arbitration by the Union by giving notice in writing to the

Company within thirty (30) days from the date of failure to settle the matter at Step 3 of the grievance procedure.

11.2 In the absence of an agreement as to the selection of an arbitrator, the Union may submit a request to the Federal Mediation and Conciliation Service or the American Arbitration

Association, for a panel of arbitrators from which an arbitrator will be selected consistent with the

Procedures of said organizations. The expenses and fee of the arbitrator shall be shared equally by the parties issues submitted. The arbitrator shall have no authority or power to add to, subtract from, or modify any of the terms or provisions of this agreement. In the absence of an agreement between the parties, the arbitrator will not have jurisdiction to consider more than one grievance in the same proceeding.

11.3 Unless waived by agreement of the parties, the decision and award of the arbitrator shall be in writing and shall issue within thirty (30) days after the filing of briefs, or, in the absence of briefs, within thirty (30) days after the close of the hearing. A copy of the decision and award shall be delivered promptly to each of the parties. The decision of the arbitrator rendered within his jurisdiction shall be binding on the parties, subject to the right of either party to have the award reviewed by an appropriate court and subject to applicable arbitration law.

11.4 Any grievance not submitted for arbitration in accordance with the time limits established in paragraph 11.1 above shall be considered abandoned unless the time limit is extended by agreement in writing between the parties.

11.5 The arbitrator shall arrive at a decision based solely upon the facts, evidence, and arguments presented by the parties during the arbitration proceedings and in their briefs. The arbitrator shall not consider any evidence which was not introduced by the parties during the arbitration proceedings.

11.6 Notwithstanding paragraph 11.1 above, a dispute as to whether there has been a violation by the Union or any employee of paragraph 12.1 of Article 12, No Strikes - No Lockouts, may be expeditiously submitted to arbitration by the Company. The Company otherwise retains all rights to seek relief, including direct injunctive relief, from a court of competent jurisdiction.

11.7 The arbitrator designated pursuant to paragraph 11.6 shall have authority to issue a temporary restraining order or other interlocutory relief, may determine damages suffered by the Company, and may grant other appropriate relief. The order of the arbitrator issued within his jurisdiction, including any restraining order or other interlocutory relief, shall be subject to enforcement as if it had been issued by a court of competent jurisdiction.

11.8 No employee shall have the right to require arbitration that right being reserved to the Union exclusively, except as provided in paragraph 11.6 above.

11.9 If an arbitrator finds that an employee was discharged or suspended without cause, he may award such employee back pay, less any interim earnings and/or unemployment compensation benefits received between the date of discharge or suspension and the date of the award.

ARTICLE 12

No Strikes - No Lockouts

12.1 During the term of this agreement neither the Union nor any employee shall authorize, cause, engage in, encourage, condone, or sanction any work stoppage, strike, or slowdown against the Company, whatever the cause, sympathetic or otherwise, or interfere with the Company's production or business. No picket line established by any person or organization at or around the

Company's premises, or at or around a facility where the Company is engaged in performing services, shall be sanctioned or honored during the term of this agreement.

12.2 The Company agrees not to conduct a lockout during the term of this agreement.

12.3 The Union agrees that in the event of any violation of paragraph 12.1 by employees, the Union will publicly disavow such action on the part of employees and, in good faith, will immediately order that such violation cease and that work be fully resumed and will advise the employees that their failure to cease such conduct will subject the employees to disciplinary action, including discharge, as provided in paragraph 12.4. No grievance or other dispute shall be taken up for discussion and settlement by the parties until all such violations or paragraph 12.1 has ended.

12.4 Any employee or employees, either individually or collectively, who violate paragraph 12.1 of this article, shall be subject to discipline, including discharge. Such discipline shall not be subject to the grievance and arbitration provisions of this agreement except as to the question of whether or not the employee who is disciplined engaged in the conduct described in paragraph 12.1 above. If it is found that employees engaged in such conduct, the discipline imposed by the Company shall stand. If it is found that the employees did not engage in such conduct, the discipline shall be rescinded.

ARTICLE 13

Wage Rates

13.1 Employees shall be paid in accordance with Schedules "B" attached hereto and made a part hereof.

ARTICLE 14

Paid Time Off (PTO)

14.1 Employees who are unable to report for scheduled work due to personal reasons such as personal business, illness, personal and/or family member medical appointments, parent/teacher conferences, etc., will be granted six (6) PTO days if employed on an eight (8) hour schedule for each twelve (12) month period of December 1 through November 30.

Employees normally scheduled to work a 10-hour workday are entitled to five (5) PTO days for each twelve-month period of December 1 through November 30, if employed on ten hour schedule.

14.2 Except as provided below, for each PTO day, employees will receive eight

(8) times their straight time hourly rate of pay on an eight (8) hour schedule, or ten (10) times their straight time hourly rate if on a ten (10) hour schedule.

14.3 Paid Time Off (PTO) will be paid under the following conditions:

14.3.1 Employees may use PTO in partial day increments, with the smallest denomination being one (1) hour.

14.3.2 PTO will only be granted if requested by the employee in advance and approved by management. Exceptions can be made in cases of personal illness/injury and unavoidable emergency situations;

14.3.3 If an employee has received discipline for excessive absenteeism, PTO days paid for illness or where an absence results in inconvenience to the Company will not be considered as excused absence and may be addressed according to the Company's attendance policy.

14.4 An employee who requests Paid Time Off (PTO) on their regularly scheduled work day before or after a holiday will qualify for holiday providing the PTO is requested in advance and approved by management.

14.5 On or before December 15 of each year, employees who are actively employed on said date will be compensated at their straight-time hourly rate of pay for each unused PTO day but in event to exceed 48/50hour'sstraigh-ttimepay.

14.6 For the purpose of determining time worked in excess of forty (40) hours in a workweek beyond which overtime shall be paid to employees, pay on account of Paid Time Off (PTO) will count as time worked.

14.7 An employee may carryover up to 3 days of unused PTO (24 hours/30 hours) into the following year so long as he/she has accumulated and is due no more than 96 hours, and provided that this request carryover is given to the Terminal Manager by December 1 of each year.

ARTICLE 15

Job Posting

15.1 When the Company determines that a permanent vacancy exists in the bargaining unit, it shall be posted for bid for a period of three (3) consecutive workdays. Providing skill, proven ability, reliability, and qualifications are substantially equal; the most senior bidder will be awarded the job.

15.2 The Company shall be the sole judge as to whether skill, proven ability, reliability, and qualifications are substantially equal. A claim that the Company has exercised its judgment arbitrarily and capriciously may be subject to the grievance and arbitration procedures.

15.3 It is recognized that various regulations may require that certain duties

(Alternate FSO) be assigned specific individuals. Should that be the case, the Company will post the position per Section 15.1 of the contract.

It is recognized that these duties may require a given level of experience and should no one with the level of experience bid the position, the junior most employee with a minimum of one year service will be assigned the position. Positions filled under this provision will be posted at least every two years.

ARTICLE 16

Miscellaneous

16.1 In the event of a death in the immediate family (Mother, Father, Sister, Brother, Spouse and Children) which necessitates losing regular work due to bereavement, employees will receive four (4) paid bereavement days. The immediate family includes spouse, father, mother, children, step children, step-parent, sister, brother, father in law, mother in law, sister in law, brother in law, grandparents, grandchildren, step brother, step sister, aunts and uncles.

16.2 Employees who would otherwise be scheduled to work but are absent there from because of examination for jury service, for jury service, and as a witness by court subpoena

(except as expert witness) will be compensated for lost scheduled work time up to a maximum of thirty

(30) days a year. Payment shall be the difference between the employee's pay as a juror and his regular day's pay. Employees are expected to show all official jury notices and subpoenas to their supervisor immediately upon receipt thereof and will be granted only such time off as necessary to comply with such service.

16.3 There shall be no discrimination or harassment by the Company or the Union against any employee because of race, color, creed, religion, national origin, ancestry, citizenship status, age, disability or handicap, sex, marital status, sexual orientation, gender identity or expression

(including transgender status), veteran status, genetic information, or any other characteristic protected by applicable federal, state, or local laws.

16.4 The Company shall place a bulletin board on the property where it may be seen by the employees entering and leaving their places of employment. The board may be used by the

Union for any matter of the Union provided that all items to be posted shall be submitted to the terminal manager for his permission. No bulletin shall be posted without the terminal manager's permission and bulletins shall relate only to Union activities.

16.5 When an employee is called in to work outside of his or her regularly scheduled shift, the employee shall be credited with no less than four (4) hours providing, however, that only the time actually worked will be used for the purpose of computing weekly overtime and the balance of said four (4) hours will be paid for at straight time. There shall be no pyramiding of call in pay and pay for regularly scheduled hours worked.

16.5.1 When an employee's scheduled starting time is advanced with less 8 hours notice prior to the new reporting time, such employee will be compensated with a minimum of four (4) hours straight time pay. Any extra time worked contiguous with the scheduled shift will be counted toward the four (4) hour minimum.

16.6 A one-time amount of Twenty Two ($0.22) will be carried forward from the last contract and included in the base hourly rate of pay for Plant Operators to purchase uniforms. Uniforms must be ordered from the Company's designated uniform provider. Company agrees to replace as needed the coverall and yellow safety jackets for the duration of the contract.

16.7 In accordance with the Company's Safety Award Program, employees who qualify will receive $0.40 cents per regular hour they work worked during the quarter and $0.60 cents

(1.5 time $0.40) per overtime hour they worked during that quarter. 16.8 The Company will cover the employee's contribution to his/her respective medical plan for up to 52 weeks while the employee is on disability. Upon the employee's return to work, the amount of such contribution made by the Company will be reimbursed by the employee upon his return to work at a rate of one half times his normal weekly deduction.

16.8 Employees may elect one additional week off as unpaid leave, subject to management approval. Such weeks will not interfere with other paid vacation selection.

16.9 For the term of this agreement and to the extent allowed by law, the employer agrees that this agreement shall be binding upon purchasers, successors and or assigns and the employer will give notice to, and obtain agreement from such purchasers, successors, and or assigns to this transfer of its legal obligations, provided, however that each of the employer and transferee shall only be liable

(pursuant to this provision) for its own violation of this agreement.

ARTICLE 17

Effect of Agreement

17.1 This instrument constitutes the entire agreement of the Company and the

Union arrived at as a result of collective bargaining negotiations.

17.2 The parties acknowledge that during the negotiations which resulted in this agreement each had the unlimited right and opportunity to make demands with respect to any subject or matter not removed by law from the area of collective bargaining, and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this agreement.

Therefore, the Company and the Union, for the life of this agreement, each voluntarily and unqualifiedly waives the right, and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter referred to, or covered by this agreement or with respect to any subject or matter not specifically referred to or covered in this agreement, even though such subject or matters may not have been in the knowledge or contemplation of either or both of the parties at the time that they negotiated or signed this agreement.

ARTICLE 18

Duration and Renewal

18.1 This agreement, is effective February 1, 2017 and shall continue in full force and effect until 11:59 PM, January 31, 2020 and from year to year thereafter unless no more than seventy-five (75) days and no less than sixty (60) days prior to any expiration date, either party notifies the other in writing by certified or registered mail of its desire to terminate the agreement on the expiration date of the year in which the notice is given.

18.2 Not more than seventy-five (75) days and not less than sixty (60) days prior to any expiration date, either party may notify the other in writing by certified or registered mail of its desire to amend the agreement, in which event, the notice shall set forth a list of items indicated the nature of the proposed changes or modifications. If the parties are unable to agree upon the proposed revisions during the aforesaid period, the agreement shall terminate on its expiration date unless the party or parties proposing the same shall have previously withdrawn them or unless the agreement is extended by mutual consent.

SCHEDULE"A"

Dues Deduction Assignment and Authorization

You are hereby requested and authorized to deduct from the last pay period of each month from wages due and payable to me, my regular monthly Union dues, and pay the same as deducted to USW on

Behalf of Local 00366-11, on or before the 10th day of the month following that for which deductions are made.

The amount of such dues shall be certified to you by the International Secretary Treasurer of the USW on Behalf of Local 00366-11 and the Company may rely exclusively upon such certificate of the secretary as to the amount of my regular monthly Union dues or as to any change in such amount and the effective date thereof.

Such deductions of my regular monthly Union dues will continue for a period of one year from the date hereof or until the termination of the labor agreement now in effect between the Company and the

Union, whichever occurs first, and for each year thereafter unless terminated by me in writing of the

Company, provided there is in effect an agreement between the Company and the Union containing a provision for checking off dues.

I expressly reserve the right at any time to revoke this authorization by giving the Company and Union thirty (30) days' notice on a suitable form. This supersedes and cancels all wage assignments for Union dues on behalf of myself

Date

Employee's Signature

SCHEDULE "B"

Hourly Rates

PLANT OPERATORS

FEB 1, 2017 FEB 1, 2018 FEB 1, 2019

Start $22.00 $23.00 $24.00

3 months $24.00 $25.00 $26.00

12 months $25.50 $26.50 $27.50

18 months $27.00 $28.00 $29.00

24 months $28 .50 $29.50 $30.50

30 months $32.17 $33.07 $34.07

36 months $32.83 $33.73 $34.73

Lead Operators* $33.83 $34.73 $35.73

** A one-time amount of Twenty Two Cents ($0.22) cents will be added to the base hourly rate of pay for Plant Operators to purchase uniforms.

Alternate Facility Security Officer; An additional $.25 per hour will be added to the Individuals base rate.

The company maintains the right to start new hires at a higher rate based on applicable experience.

* Should the facility manpower schedule provide for only one Lead Operator position, the Lead Operator differential will be $2.00 per hour.

IN WITNESS WHEREOF, the parties by their duly authorized representative, hereto affix their signatures as of this day of , .

UNITED STEELWORKERS, GULF OIL LIMITED PARTNERSHIP

AFL-CIO-CLC

Leo W. Gerard, Frank Morrone President Vice President, HR

Stanley W. Johnson, Steve Carten International Secretary-Treasurer Vice President, Terminal Operations

Thomas M. Conway, Terry Sullivan Vice President, Administration Northeast Regional Director

Fred Redmond, Vice President, Human Affairs

John E. Shinn, Director, District 4

Michael E. Higgins Staff Representative

Harlon Boyington President Local 366

Mark Berry USW Local 366-11