1 1 2 EMRE - ILEU 3 4 Collective Bargaining Agreement Negotiations 5 Thursday, November 4, 2021 Commencing at 10:00 a.m. 6 7 HELD REMOTELY VIA ZOOM 8 --- Day 67 --- 9 P R E S E N T: 10 EXXONMOBIL RESEARCH AND ENGINEERING COMPANY: 11 JEFFELEE McCLAIN, CLINTON SITE HR MANAGER 12 JOSH BRYANT, CLINTON SITE LABOR ADVISOR YUK LOUIE, R&D OPERATIONS MANAGER 13 INDEPENDENT LABORATORY EMPLOYEES' UNION: 14 STEVEN RAGOMO, PRESIDENT 15 THOMAS FREDRIKSEN, VICE PRESIDENT THOMAS FERRO, TREASURER 16 DAVID LEBRON, ACT DELEGATE MICHAEL MOLINA, PO&T DELEGATE 17 LYNDA SMITH, DELEGATE MICHAEL STRASSER, CSR STEWARD 18 19 20 21 22 23 24 25 Rita Gardner ~ Court Reporter ~ (908) 319-1195 2 1 MR. FREDRIKSEN: Good morning. 2 MS. McCLAIN: Good morning. 3 MR. FREDRIKSEN: Thank you for meeting 4 with us again. It has been about three weeks since 5 we last met. Last time we met we gave the Company a 6 counterproposal. The Company's response at that 7 time was a blanket "no" to everything. 8 We were wondering if this morning the 9 Company had anything to change, modify, to provide 10 to us, based on all the things that has happened 11 since then. 12 For example, the Company is doing a lot 13 better in public statements given by the CEO. He 14 talked about how we paid back another several 15 billion dollars of the debt, talking about share 16 buybacks, which is a very good thing. That is a 17 very hopeful prospect of the Company's performance. 18 And they are talking about giving out raises again 19 in public forums. So we are hopeful that this is 20 going to be a productive session. 21 MS. McCLAIN: We do too. We hope 22 that it is going to be a productive session. We 23 wanted to see if, you know, the Union had a proposal 24 for us, since we had already responded. 25 We have one topic to talk about, to Rita Gardner ~ Court Reporter ~ (908) 319-1195 3 1 clarify, today on holidays. But the rest of our 2 proposals remain unchanged from contracting out, 3 Savings Plan Match, you know, wages and the other 4 tentative agreements that we already have. Those 5 remain the same. 6 MR. FREDRIKSEN: What is it that you 7 would like to discuss about holidays? 8 MS. McCLAIN: Well, the Union had a 9 proposal on holidays and so, you know, we wanted to 10 verbally discuss your proposal and a potential 11 proposal to that, that the Company would have. We 12 can talk about it now if you want. 13 MR. FREDRIKSEN: Yes, please, 14 absolutely. 15 MS. McCLAIN: Does the Union have a 16 proposal on other things? 17 MR. RAGOMO: I would like to hear 18 what you have to say first, JeffeLee. 19 MS. McCLAIN: Sure. We have been 20 bargaining for a while and we have always talked 21 about, from the Company's perspective, when we 22 evaluate proposals, we have been looking for 23 language that either -- talking about our benefits, 24 maintains uniformity of benefits, but also providing 25 flexibility to run our business and clarity for us. Rita Gardner ~ Court Reporter ~ (908) 319-1195 4 1 So, you know, we had attentive 2 agreement on a clean-up item with respect to Article 3 XV, right? Article XV, hours -- and I think that 4 was about removing the language about Washington's 5 Birthday as an 11th holiday in 2022. 6 Do you remember that? 7 MR. FREDRIKSEN: Yes. 8 MS. McCLAIN: And I got that correct, 9 right? And since then, you proposed increasing the 10 holidays from 10 to 11 in recognition of Juneteenth, 11 and we previously rejected that because we have said 12 we are interested in maintaining uniformity of 13 benefits with the rest of the corporation. Ten days 14 were appropriate. We were interested in allowing 15 some change within the 10. 16 We have always said that, just like we 17 have got a vacation -- for vacation and holidays and 18 other benefit plans, like Savings Plan, that we 19 intend to treat our Clinton represented employees 20 just like, you know, our non-represented employees 21 with respect to holidays and vacation, right? And 22 we have talked about that with The Savings Plan and 23 Ed Refund, for that matter too. 24 So I know we had some offline e-mails 25 around a recent announcement from the rest of the Rita Gardner ~ Court Reporter ~ (908) 319-1195 5 1 corporation about non-represented employees and 2 holidays in 2022. 3 In keeping with our intent that we 4 maintain uniformity of benefits, we need the 5 flexibility to run our business, we need clarity of 6 understanding between the Union and the Company, we 7 are in bargaining right now, and we have had 8 proposals about this. 9 You know, we wanted to discuss 10 increasing -- specifically Article XV. I think it 11 is Section 10 and then No. 2 -- No. 3, sorry. 12 Because one and two talks about the holidays named 13 and then No. 3 talks about other holidays, which we 14 treat as personal holidays, is what we call them, 15 right? 16 So in that section, you know, we have 17 had three personal holidays. And so in keeping with 18 the principal that we want to, you know, treat 19 everybody, all of our employees, similarly with 20 regard to our benefit plans, our holidays, our 21 vacation, that we would increase the total number to 22 11, which gets us closer to what we have been 23 talking about in the Union's proposals. 24 But instead of fixing the day to 25 Juneteenth, specifically in updating Section 1 and Rita Gardner ~ Court Reporter ~ (908) 319-1195 6 1 2, like your proposal has, we are offering a fourth 2 personal holiday in 2022, which is referenced in the 3 contract, right? I think the word that you guys use 4 -- that we use in the contract is other holidays. 5 And that would be coincident and effective in 2022, 6 you know, with, just like your proposal, a ratified 7 contract. 8 But we would like to make sure that the 9 language in that section reflects, you know, the 10 understanding of how folks would be treated, that, 11 like vacation and other benefits, you know, the 12 Company intends to have represented employees be 13 treated similarly to the non-represented employees. 14 So it is essentially a "Me Too" where 15 holidays are concerned, you know, that holidays can 16 increase and when they increase, they will go up for 17 membership and if they go down, they go down. You 18 know, that wouldn't be subject to grievance or 19 arbitration. I mean, we are treating everybody the 20 same. And so that would be, you know, the thought 21 process that I wanted to talk through. 22 MR. FREDRIKSEN: So the Company's 23 proposal is to add a fourth holiday on the condition 24 that we allow you to make determinations 25 unilaterally about the status of our holidays moving Rita Gardner ~ Court Reporter ~ (908) 319-1195 7 1 forward? 2 MS. McCLAIN: So it would be a "Me 3 Too". As holidays go up, we would implement them. 4 As they go down, we would implement them. 5 MR. RAGOMO: No. No. You are not 6 taking holidays away from us. 7 MR. FREDRIKSEN: Why does the Company 8 want to do that? 9 MR. RAGOMO: Talk about being 10 regressive, Holy Christopher Columbus. 11 MS. McCLAIN: How is that regressive? 12 MR. RAGOMO: Because you want to take 13 a right away from us. We already bargained for 14 those holidays. Now you just want us to allow you 15 to take them away from us arbitrarily if the Company 16 takes them away from the professionals? That is 17 their problem, not ours. We are not giving you the 18 right to take away holidays, period. 19 MS. McCLAIN: That is not what we are 20 saying at all. 21 MR. RAGOMO: That is exactly what you 22 said. If they go up, they go up. If they go down, 23 they go down. What the hell does that mean then? 24 Jesus Christ almighty. I can't understand. I 25 thought we were talking English here. Rita Gardner ~ Court Reporter ~ (908) 319-1195 8 1 MS. McCLAIN: That we are being 2 treated the same. 3 MR. RAGOMO: Now you want to treat us 4 the same? Are you kidding? 5 MS. McCLAIN: With regard to 6 holidays, we have always talked about uniformity. 7 MR. RAGOMO: No, you haven't. 8 MS. McCLAIN: Yes, we have. 9 MR. RAGOMO: Uniformity? JeffeLee, 10 this has just been a smoke show by this God damn 11 company, all right? You have undermined this 12 corporation in terms of research and engineering on 13 the Clinton site. Morale is absolutely horrific on 14 the site. You have got people that are leaving at 15 mass. 16 Now, what are you going to do, come to 17 the table and say that -- all that long-winded 18 scenario you just gave us, you couldn't have just 19 said to us, look, we want to add a fourth personal 20 holiday, but we also want to have the right to take 21 away holidays when we feel so fit. No. The answer 22 is no. 23 MS. McCLAIN: If that is how you feel 24 about it, but we are trying to meet you guys -- 25 MR. RAGOMO: What are you trying to Rita Gardner ~ Court Reporter ~ (908) 319-1195 9 1 meet? You are not trying to meet a God damn thing. 2 It is been three-and-a-half years. You will not 3 agree to a mediator. 67 bargaining sessions? This 4 is God damn ridiculous. 5 MS. McCLAIN: You are talking to your 6 own point here that you are not willing to consider 7 the adding of an 11th holiday and meeting the 8 Company's interests here. 9 MR. RAGOMO: Your interest is to take 10 away our holidays. That is your interest. 11 MS. McCLAIN: No. We want to treat 12 people similarly. That is what we have said. We 13 have always said that with holidays. He can move 14 things around, but the total number would be exactly 15 the same, no matter what. 16 MR. RAGOMO: Right. But if you gave 17 us that 11th holiday, yes, we propose that first. 18 So you coming to us saying we want to treat you 19 similarly, we are the ones that proposed that first 20 and foremost. 21 MS. McCLAIN: And I said that. 22 MR. RAGOMO: You are right, but why 23 do you want to have in there now also that you want 24 to be able to take it away from us, a benefit that 25 you want to take away. Rita Gardner ~ Court Reporter ~ (908) 319-1195 10 1 MS. McCLAIN: We want the flexibility 2 to be able to move it up next time and -- if there 3 is a next time. And also if -- I don't have any 4 plans on this. The Company doesn't have any plans 5 on this, but if we make a decision that a holiday is 6 coming off, then we are all treated the same. 7 MR. RAGOMO: No. That is something 8 that you have to bargain for. No. You bargain for 9 that, JeffeLee. Come on you know that. Give me a 10 break. That is a bargaining issue. Come on. 11 This company, you are nothing but a 12 bunch of thieves and you are heartless for Christ's 13 sake. 14 MR. FREDRIKSEN: JeffeLee, I am going 15 to remind you that during our last contract term, 16 the Union was told, probably no fewer than three or 17 four times -- probably at each of the annual 18 meetings that we used to have between the Company 19 and the Union -- that any time the Union had any 20 ideas about ways to improve working conditions 21 onsite, including PPTO, for example, the Company 22 always told us that we had to wait until bargaining 23 to make any changes like that. 24 So how is this fair? 25 MS. McCLAIN: Again, we have talked Rita Gardner ~ Court Reporter ~ (908) 319-1195 11 1 about PPTO. And PPTO is not a benefit, right? PPTO 2 is a compensation tool for, you know, our 3 non-represented employees. And, you know, when we 4 have talked about it, we are extending five days of 5 PPTO, you know, to the -- 6 MR. FREDRIKSEN: That is not the point 7 of my question. I am asking you why it is fair that 8 the Company can stonewall Union suggestions midterm 9 with the excuse that you have to wait until 10 bargaining, no matter what the suggestions are. 11 That was just an example. There were multiple 12 suggestions. 13 For example, there was another one to 14 have people use their disability to work part-time 15 when they were returning from maternity leave rather 16 than using full days. That was just another 17 example. You don't have to address the example, 18 because it is a five-year-old example. 19 I am just telling you that the Union 20 has come forward to the Company with proposals to 21 make employees' lives better and to use the benefits 22 that are already available in the Company. There 23 was nothing new, nothing crazy, and the Company told 24 us that we had to wait until bargaining and wasn't 25 interested in discussing. Rita Gardner ~ Court Reporter ~ (908) 319-1195 12 1 So tell me again how this is fair? 2 MS. McCLAIN: How is what fair, that 3 we are bargaining right now and if there is a 4 change? 5 MR. FREDRIKSEN: JeffeLee, that the 6 Company is proposing to be able to make changes 7 unilaterally to a contract benefit midterm or 8 otherwise. 9 How is that fair when we can't do the 10 same? 11 MS. McCLAIN: What we are trying to 12 understand -- I am not necessarily seeing the 13 parallel because we are bargaining right now and we 14 are talking about this and we would be coming to an 15 agreement about this. 16 We would be talking and giving you 17 notice, you know, if there is a change or other 18 things in the contract that we have agreed to, 19 right, where the Company would give notice on 20 changes, right? 21 So I guess I don't necessarily 22 understand what you are saying, that there have been 23 other items that you brought forward midcontract and 24 on those things where the contract was silent, 25 right, the Company in the past have chosen not to Rita Gardner ~ Court Reporter ~ (908) 319-1195 13 1 make a change midcontract. 2 This is where we are proposing in this 3 bargaining. We are bargaining right now that this 4 is how we would work this issue going forward. 5 MR. FREDRIKSEN: You call PPTO a 6 program or compensation tool. I would like to have 7 a compensation tool. I would also like to have a 8 program. You could propose that. 9 MS. McCLAIN: We have proposed. 10 MR. FREDRIKSEN: No, you haven't. 11 MS. McCLAIN: Yes. We have wages and 12 we have -- we have offered -- 13 MR. FREDRIKSEN: Paid parental time 14 off, JeffeLee. Don't be thick. Come on. 15 MS. McCLAIN: We have already said we 16 have offered five days paid parental time off. 17 MR. FREDRIKSEN: So you just 18 grandstanded for probably two minutes about how you 19 want to make sure that everybody is treated the 20 same, but that doesn't extend -- it only extends to 21 the things that you want to extend to. 22 MR. RAGOMO: Of course. 23 MS. McCLAIN: We have talked about 24 holiday, right, vacation and our benefit plans. We 25 have talked significantly about PPTO, that that was Rita Gardner ~ Court Reporter ~ (908) 319-1195 14 1 not a benefit plan, that there are differences 2 between benefit plans. I mean, you can go back and 3 read the transcripts yourself where we have talked 4 about this. 5 MR. FREDRIKSEN: Right. Why don't you 6 give us a program, give us a compensation tool. You 7 can call it whatever the hell you want. Treat us 8 the same. 9 MS. McCLAIN: That is consistent with 10 the market. And the economic package for this offer 11 is consistent. Five days is consistent. 12 MR. RAGOMO: No. We are not worthy. 13 We are not worthy. We are lesser employees. 14 MR. FREDRIKSEN: How is five days 15 consistent with my colleague who can take eight 16 weeks? 17 MS. McCLAIN: You have tentatively 18 agreed to PPTO or are you saying that that is not 19 the case anymore? 20 MR. FREDRIKSEN: I can't fucking 21 believe it. I can't fucking believe this. This is 22 a circus and you are a clown and you are running us 23 around. 24 MS. McCLAIN: You are not going to 25 sit there and call names. I am not going to stand Rita Gardner ~ Court Reporter ~ (908) 319-1195 15 1 for that. I don't do that to you. I do not expect 2 that sort of disrespect. 3 MR. FREDRIKSEN: Then don't treat me -- 4 MS. McCLAIN: Stop. 5 MR. FREDRIKSEN: You stop. 6 MS. McCLAIN: Stop. 7 MR. FREDRIKSEN: No, you stop, 8 JeffeLee. Stop with this weird bullshit that you 9 are doing where you are trying to back me into a 10 corner, because you know that I am not that fucking 11 stupid. 12 MS. McCLAIN: Tom, I am not going to 13 sit here and have you call me names. If you can 14 have an adult conversation about what we need to 15 speak about, I am happy to speak to you. 16 MR. FREDRIKSEN: I don't want to have 17 an adult conversation with you. 18 MS. McCLAIN: I will not allow you to 19 disrespect me. 20 MR. FREDRIKSEN: Or else what? 21 MS. McCLAIN: You need a timeout. So 22 we are going to leave and caucus. When you are 23 ready to speak to me like an adult, you can text me. 24 MR. FREDRIKSEN: I will text you. 25 (Remote negotiations recessed at 10:21 Rita Gardner ~ Court Reporter ~ (908) 319-1195 16 1 a.m. and resumed at 11:27 a.m.) 2 MR. FREDRIKSEN: We are back in 3 session. I am going to point out that, not for the 4 first time and not for the last time, ExxonMobil, 5 through the rhetoric used by its chief negotiator 6 has demonstrated that its attitude is not that they 7 are here to bargain with equals, but rather that you 8 are here to act as a rueful parent that is expecting 9 its petulant children to meet its whims. However, 10 that is not what bargaining is about. 11 That being said, we have a 12 counterproposal for you, if you are ready to you 13 hear it. 14 MS. McCLAIN: Will you be e-mailing 15 it? 16 MR. FREDRIKSEN: I am e-mailing it and 17 I will share it. 18 MR. FREDRIKSEN: This is a 19 comprehensive proposal. Some of it was worked on 20 prior. Some of it was worked on during caucus in 21 response to some of the Company's statements. We 22 are here to get a contract, as our top priority, and 23 we hope that you take this proposal seriously. 24 Let me know when you can see our 25 screen. Rita Gardner ~ Court Reporter ~ (908) 319-1195 17 1 MS. McCLAIN: I can see the screen. 2 The e-mail -- hang on. Okay. I got the e-mail as 3 well. 4 MR. FREDRIKSEN: No change from our 5 previous counterproposal until Article XXVI, Other 6 Working Conditions. 7 In order to transition the Company to a 8 state where we are, in fact, treated equally 9 compared to the other employees, we have a new 10 Parental Paid Time Off proposal. 11 This is a gradual increase of time to 12 the full company program. It reads as follows: 13 Section XX - Parental Paid Time Off. 14 Parental Paid Time Off shall be 15 available according to the following: 16 2020, one week; 2021, two weeks; 2022, 17 four weeks; 2023, six weeks; and 2024 eight weeks. 18 For the purposes of PPTO, employed 19 includes employees at work, on disability, vacation, 20 or holiday. Employees on a leave of absence at the 21 time of their child's birth or adoption or placement 22 date are not eligible for PPTO. 23 Time off may be used continuously for 24 total of eight weeks or in one-week increments over 25 the 12 months from the date of birth or adoption. Rita Gardner ~ Court Reporter ~ (908) 319-1195 18 1 Time shall be granted in five-day 2 increments for all hours scheduled to work on a 3 given day or shift. 4 This section does not waive the 5 applicability of leave granted through either 6 Federal or State Laws enacted before or after the 7 signing of the agreement, to the extent that the 8 laws enacted apply to entities covered by a 9 Collective Bargaining Agreement. 10 Next change, no change until U-10, 11 Wages. 12 We have heard the Company's statements 13 that it is not interested in recognizing a 14 third-party to use as a reference for wage 15 increases. So we have changed the wage proposal to 16 a flat hourly rate increase that is reflective of 17 both the previous wage increases, but also includes 18 the loss of our -- about nine percent in terms of 19 inflation over the past three years of bargaining. 20 Moving forward, as a reference, the 21 Social Security is going to be increasing by six 22 percent next year. So we use that as a reference 23 for Year 4. So it reads as follows: 24 The pay schedules will be adjusted for 25 all positions retroactive to June 1, 2020. 50 cents Rita Gardner ~ Court Reporter ~ (908) 319-1195 19 1 per hour in Year 1, 62 cents per hour in Year 2, 82 2 cents per hour in Year 3, and $2.40 per hour in 3 Year 4. 4 $2.40, just to be clear, is about six 5 percent of the topped-out Senior Research Tech 6 hourly rate. So that is where that number comes 7 from. 8 Moving on, we have made some changes to 9 our addition of recognized holiday. Hearing the 10 Company's proposed interests in the proposal, we 11 have, you know, made a proposal that reflects the 12 reality of what it is that they are asking. 13 Article XV, Hours. Section 10, 14 Holidays, Subsection A. The Company will recognize 15 11 holidays as follows: 16 Number 4. Effective January 1, 2022, 17 in addition to the previously listed holidays and in 18 celebration of the Federal government recognizing 19 Juneteenth as an American holiday, one additional 20 day may be chosen to be celebrated by the employee. 21 The provisions regarding notice of 22 Article XV, Section 10, Subsection A, No. 3 will 23 apply. The Company may, at any time, withdraw its 24 recognition of Juneteenth as an American holiday and 25 given 30-days advanced notice to the Union the day Rita Gardner ~ Court Reporter ~ (908) 319-1195 20 1 will no longer be available. 2 Number 5. The other holidays listed in 3 Article XV, Section 10, Subsection A, Nos. 3 and 4 4 may be taken in half-day increments. 5 It was noticed on the Company's HR 6 Website, personal holidays are allowed to be taken 7 in half-day increments. So we have added that to 8 the contract to reflect that. Uniformity of 9 benefit. 10 No changes to the remainder of 11 counterproposal. 12 Do have any questions? 13 MS. McCLAIN: A couple. 14 Just so -- I want to scroll back to the 15 top. 16 So no changes to C1, 5. 17 C2 is still the same, where the Union 18 does not have a counterproposal to the Company's 19 proposal on contracting out. 20 U-4. 21 MR. FREDRIKSEN: We do have a 22 counterproposal. 23 MS. McCLAIN: What is the 24 counterproposal? 25 MR. FREDRIKSEN: It is in front of Rita Gardner ~ Court Reporter ~ (908) 319-1195 21 1 you. This is a comprehensive package. If the 2 Company has another proposal to make for C2, we are 3 always ready and willing to hear it. 4 MS. McCLAIN: Well, you have our 5 proposal around C2 from us. 6 Just so I understand, there is no 7 change to the Savings Plan Side Agreement that was 8 provided previously, right? 9 MR. FREDRIKSEN: No change at this 10 time. 11 MS. McCLAIN: For Paid Parental Time 12 Off, we had initially -- the tentative agreement 13 around five days, it could be used for folks in 14 four-hour increments on an eight-hour schedule and 15 the 12 hours -- okay. 16 So you are saying that these would also 17 be -- I just wanted to see. 18 MR. FREDRIKSEN: Yes, there are still 19 working days. The language was taken from the 20 Company's website. 21 MS. McCLAIN: And for wages, you said 22 that these amounts -- so the dollar -- the dollar 23 amount -- so the 50 cents, let's say, you are saying 24 is retroactive to 2020? 25 MR. FREDRIKSEN: That is right. Rita Gardner ~ Court Reporter ~ (908) 319-1195 22 1 MS. McCLAIN: And that every wage in 2 the schedule would get a 50-cent increase, not a 3 percentage increase? Is that it? 4 MR. FREDRIKSEN: Correct. 5 MS. McCLAIN: And then subsequently 6 -- how did you come to the 50 cents? 7 MR. FREDRIKSEN: It is about 1 8 percent. It is 1.1 or something percent of the 9 Senior Research Tech hourly rate, topped out. And 10 it is an even number. It is 50 cents. 11 MS. McCLAIN: Is that the same 12 convention that you applied to the other? 13 MR. FREDRIKSEN: Yes. It is all based 14 on the Senior Research Tech topped out hourly rate. 15 So 1 percent, 1.5 percent, about 2 percent and then 16 the last one is about 6 percent, which was, again, 17 based on the Federal Government's increase to Social 18 Security for 2022. 19 MS. McCLAIN: So one percent, one and 20 a half, two percent and then the final year is about 21 six percent. 22 MR. FREDRIKSEN: Yes. And as you 23 know, the government looks at various metrics to 24 make its determination on the Social Security 25 increases that include inflation, cost of living Rita Gardner ~ Court Reporter ~ (908) 319-1195 23 1 adjustments, changes and various other things. It 2 is as reliable of a number about as they come in 3 terms of United States buying power. 4 MS. McCLAIN: On holidays, just so I 5 understand -- so with this, you are adding a new 6 section. 7 MR. FREDRIKSEN: Replacing the 8 Washington's birthday section, we still agree to 9 remove that. 10 MS. McCLAIN: Okay. For here, you 11 are saying -- we will add another holiday. 12 MR. FREDRIKSEN: Right. 13 MS. McCLAIN: Anybody can take -- 14 like how we have personal holidays, we count them as 15 holidays. 16 MR. FREDRIKSEN: Yes. 17 MS. McCLAIN: And the Company can 18 withdraw recognition. And then specific to this 19 holiday -- 20 MR. FREDRIKSEN: Yes. 21 MS. McCLAIN: -- this personal 22 holiday and give the Union 30 days notice. 23 Okay. I just want to understand. 24 And the other holidays -- 25 MR. FREDRIKSEN: Unchanged. Rita Gardner ~ Court Reporter ~ (908) 319-1195 24 1 MS. McCLAIN: -- are unchanged. 2 Okay. 3 And then No. 5 is so that personal 4 holidays can be taken in half-day increments; is 5 that right? 6 MR. FREDRIKSEN: That is right. 7 MS. McCLAIN: Okay. Just so I can 8 understand. And the LPS 1 is similar to what was 9 provided on October 5? 10 MR. FREDRIKSEN: We didn't make any 11 changes. 12 MS. McCLAIN: No changes. Okay. 13 MR. FREDRIKSEN: We are interested in 14 bargaining over the subject. It is a subject that 15 can potentially save the Company hundreds of 16 thousands of dollars and we highly recommend that 17 you take it seriously. Come to the table with a 18 counterproposal that is not "no". 19 MS. McCLAIN: I think we have been 20 bargaining on, you know, many of the other issues 21 and, you know, as we have said. 22 MR. FREDRIKSEN: You want to bargain 23 on LPS? 24 MS. McCLAIN: It doesn't have -- you 25 know, that we are required to provide or change, you Rita Gardner ~ Court Reporter ~ (908) 319-1195 25 1 know, a counterproposal specific to what you want, 2 right? 3 MR. FREDRIKSEN: I would say on this 4 subject it would go a longer ways than other 5 subjects if the Company would provide a counter 6 proposal, because until you do so, it is just like 7 you are not doing anything. You are not bargaining 8 about it. You are just crossing your hands -- 9 crossing your arms. 10 MS. McCLAIN: I disagree with that. 11 Any questions from the team right now 12 before we caucus to review and discuss and consider 13 deeper? 14 MR. BRYANT: Not from me. 15 MS. LOUIE: Nothing from me. 16 MS. McCLAIN: Okay. 17 MR. RAGOMO: JeffeLee, does the 18 Company even recognize the fact that membership 19 voted down your proposal? 20 MS. McCLAIN: We know that that is 21 what the membership has chosen to do. 22 Again, our proposals at this time, we 23 talked about this, right, that they are unchanged. 24 MR. RAGOMO: Okay. Just so I am 25 aware, the Company is not really recognizing that Rita Gardner ~ Court Reporter ~ (908) 319-1195 26 1 the members have voted down your proposal. You 2 choose to ignore that. 3 MS. McCLAIN: We recognize that the 4 membership have voted down the proposal. That, 5 again, doesn't necessarily mean that we need to 6 increase or decrease or do anything different with 7 our proposals. We are taking into consideration the 8 ones that you are putting before us and what we have 9 on the table, right? 10 I think it is important that they know, 11 that the membership know that you know that -- yes, 12 we have -- we recognize, right? That is why the 13 ratification bonus isn't there anymore. But again, 14 we don't need to make a change just because of that. 15 MR. RAGOMO: Okay. So then your 16 whole big push in the beginning was, well, you 17 haven't taken this for a vote. You said it multiple 18 times in previous bargaining sessions. We took it 19 to a vote, and membership said no. 20 You don't take anything away from that, 21 that people are unhappy with what your proposal is? 22 The Company is that deaf and insensitive to -- 23 MR. FREDRIKSEN: Steve, you heard her. 24 We are just a bunch of children. These are the real 25 adults in the room. Rita Gardner ~ Court Reporter ~ (908) 319-1195 27 1 MS. McCLAIN: When did I say that? 2 MR. FREDRIKSEN: They are the parents. 3 We just have to find the exact right set of things 4 that they want. Otherwise, you know, the answer is 5 no. 6 MS. McCLAIN: When did I say that, 7 that you were children? 8 MR. RAGOMO: I think it was implied 9 with the timeout reference. 10 MS. McCLAIN: It is inappropriate, 11 that we needed a caucus. We needed time out to -- 12 you know. 13 MR. RAGOMO: But you specifically 14 said, Tom, you need a timeout. 15 MR. FREDRIKSEN: My mother doesn't 16 even talk to me like that. 17 MS. McCLAIN: And you are saying that 18 your unprofessional behavior was warranted? 19 MR. FREDRIKSEN: Yes, I do. 20 MS. McCLAIN: And that there was 21 absolutely nothing wrong with that and that time 22 away from the discussion to gain clarity was not 23 necessary? 24 MR. FREDRIKSEN: JeffeLee, if you are 25 going to run us around and try to use our words Rita Gardner ~ Court Reporter ~ (908) 319-1195 28 1 against us, like this is some kind of game to you, 2 then yes, I am going to call it out for what it is, 3 which is just an act that you are putting on to 4 frustrate us. We are not stupid. You can treat us 5 like adults if you want or you can treat us like 6 children if you want. But the point is -- 7 MS. McCLAIN: You were the ones being 8 unprofessional, name calling, cursing. We have 9 never done that. I have never done that. 10 So you can -- you know, you can try as 11 best you can to try and represent your version of 12 what is going on, but we all know the truth, okay. 13 So with this -- 14 MR. FREDRIKSEN: Do they give classes 15 on passive aggression for HR? 16 MR. RAGOMO: I don't know. I was in 17 the meeting when Mr. Talley was on-site and he said 18 he wants a contract. 19 Did you take him at his word? That is 20 the president of EMRE making a statement. 21 MS. McCLAIN: When did we ever say we 22 didn't want a contract? We are here bargaining 23 saying we want a contract. What we are saying is we 24 want a contract that will meet our needs. 25 MR. RAGOMO: Then why won't you agree Rita Gardner ~ Court Reporter ~ (908) 319-1195 29 1 to a mediator. Why don't you get a mediator in 2 here. 67 bargaining sessions. 3 MS. McCLAIN: We are here to bargain 4 to get a contract. That is the whole point of 5 bargaining. 6 MR. RAGOMO: Sitting in this room, 7 JeffeLee, and listening to you talk in circles is 8 not bargaining. And if you choose -- if the Company 9 chooses -- 10 MS. McCLAIN: What is your definition 11 of bargaining? Your definition of bargaining has 12 been that you believe the Company needs to change 13 its position, to change it proposals to be what you 14 want them to be and that is not the case. 15 MR. RAGOMO: No. No. 16 MS. McCLAIN: We have been far apart 17 on these issues that are outstanding in the 67 18 meetings that we have had because we are having a 19 hard time here -- 20 MR. FREDRIKSEN: Because you won't 21 compromise. Because you won't compromise. 22 MR. RAGOMO: Exactly. 23 MS. McCLAIN: We are saying that 24 there are issues that are important to us. 25 MR. FREDRIKSEN: All of them. They Rita Gardner ~ Court Reporter ~ (908) 319-1195 30 1 are all important to you. You are not going to 2 compromise on any of them. 3 MS. McCLAIN: We have always 4 re-enforced that we are continuing to be far apart, 5 because, you know, just like you are bringing up the 6 fact that we are going around in circles. We have 7 been talking about issues. We had a tentative 8 agreement on PPTO, and now you are changing that. 9 We, of course, are here to bargain. 10 We, of course, would like and want and hope that we 11 can get an agreement. That is the whole point of 12 being together and talking about it. 13 MR. FREDRIKSEN: Then take your 14 proposal back. 15 MS. McCLAIN: We are far apart. 16 MR. RAGOMO: But I don't need you, 17 quite honestly, to explain to me what it is. I know 18 what we are doing here. And that is where I say 19 that you speak in circles. 20 The mere fact that we bring forward a 21 proposal, you refuse to bring forward a 22 counterproposal, a change in any sense of the 23 imagination, and you will not even put on the 24 table -- you won't even entertain a mediator by any 25 stretch of the imagination. Rita Gardner ~ Court Reporter ~ (908) 319-1195 31 1 So what is the problem there? You are 2 telling me, in one sense, we are so far apart and we 3 can't come to an agreement, but yet when we mention 4 a mediator, oh, no, we think we can still do it. 5 How do you proposal we do it when you keep saying we 6 are so far apart? 7 MR. FREDRIKSEN: And not making any 8 effort to get closer. 9 MS. McCLAIN: I think we have made 10 effort to get closer. 11 MR. RAGOMO: Where? Give me an 12 example. 13 MS. McCLAIN: We just provided a 14 proposal verbally around holidays. 15 MR. RAGOMO: Jiminy Crickets, we 16 presented that to you. Don't try and take credit 17 for something that we put on the table first. And 18 because this company, all of a sudden, becomes 19 enlightened and they want to sit there and recognize 20 another holiday, really, you are going for take 21 credit for that? 22 MS. McCLAIN: I am not taking credit 23 for it. What I am saying is we are coming -- on 24 that issue, we are happy that we can agree on an 25 11th additional holiday. Rita Gardner ~ Court Reporter ~ (908) 319-1195 32 1 MR. FREDRIKSEN: Conditionally, 2 though. 3 MR. RAGOMO: Yes, conditionally. 4 MS. McCLAIN: Conditionally on the 5 fact that we agree on our intent. 6 MR. FREDRIKSEN: In case the Company, 7 ExxonMobil, changes its mind on Juneteenth, you can 8 take it away. That is an unfortunate position for 9 you to take, but that is essentially what you told 10 us. 11 MS. McCLAIN: So any other questions 12 from the team before we caucus to take a look at -- 13 MR. RAGOMO: Yes, please, truly, have 14 a conversation and consider a mediator for us, would 15 you, please? 16 MS. McCLAIN: All right. 17 MR. FREDRIKSEN: It is free. 18 MS. McCLAIN: Okay. 19 MR. FREDRIKSEN: Let us know when you 20 are ready. 21 MS. McCLAIN: Does my team have 22 anything? 23 From a timing perspective, we are going 24 to be working on this, but I would assume that you 25 guys are going to be taking your lunch break. Rita Gardner ~ Court Reporter ~ (908) 319-1195 33 1 MR. FREDRIKSEN: That is correct. 2 MR. RAGOMO: Correct. 3 MS. McCLAIN: So just let us know 4 when you are ready and we will let you know as well 5 when we are ready. 6 (Remote negotiations recessed at 11:58 7 a.m. and adjourned at 1:28 p.m.) 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Rita Gardner ~ Court Reporter ~ (908) 319-1195 34 1 2 CERTIFICATE 3 4 I, RITA GARDNER, Notary Public of the 5 State of New Jersey and a Certified Court Reporter, 6 do hereby certify that the foregoing is a true and 7 accurate transcript of the remote testimony as taken 8 stenographically by and before me at the time and on 9 the date hereinbefore set forth. 10 I DO FURTHER CERTIFY that I am neither a 11 relative nor employee nor attorney nor counsel of any 12 of the parties to this action, and that I am neither 13 a relative or employee of such attorney or counsel, 14 and that I am not financially interested in the 15 action. 16 17 18 Notary Public of the State of New Jersey 19 20 Dated: November 4, 2021 21 22 23 24 25 Rita Gardner ~ Court Reporter ~ (908) 319-1195 $ $2.40 [2] - 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6:19, 7:23, 14:2, 26:5 mediator [6] - 9:3, 29:1, 30:24, 31:4, 32:14 meet [5] - 8:24, 9:1, 16:9, 28:24 meeting [3] - 2:3, 9:7, 28:17 meetings [2] - 10:18, 29:18 members [1] - 26:1 membership [6] - 6:17, 25:18, 25:21, 26:4, 26:11, 26:19 mention [1] - 31:3 mere [1] - 30:20 met [2] - 2:5 metrics [1] - 22:23 MICHAEL [2] - 1:16, 1:17 midcontract [2] - 12:23, 13:1 midterm [2] - 11:8, 12:7 mind [1] - 32:7 minutes [1] - 13:18 modify [1] - 2:9 MOLINA [1] - 1:16 months [1] - 17:25 morale [1] - 8:13 morning [3] - 2:1, 2:2, 2:8 mother [1] - 27:15 move [2] - 9:13, 10:2 moving [3] - 6:25, 18:20, 19:8 MR [93] - 2:1, 2:3, 3:6, 3:13, 3:17, 4:7, 6:22, 7:5, 7:7, 7:9, 7:12, 7:21, 8:3, 8:7, 8:9, 8:25, 9:9, 9:16, 9:22, 10:7, 10:14, 11:6, 12:5, 13:5, 13:10, 13:13, 13:17, 13:22, 14:5, 14:12, 14:14, 14:20, 15:3, 15:5, 15:7, 15:16, 15:20, 15:24, 16:2, 16:16, 16:18, 17:4, 20:21, 20:25, 21:9, 21:18, 21:25, 22:4, 22:7, 22:13, 22:22, 23:7, 23:12, 23:16, 23:20, 23:25, 24:6, 24:10, 24:13, 24:22, 25:3, 25:14, 25:17, 25:24, 26:15, 26:23, 27:2, 27:8, 27:13, 27:15, 27:19, 27:24, 28:14, 28:16, 28:25, 29:6, 29:15, 29:20, 29:22, 29:25, 30:13, 30:16, 31:7, 31:11, 31:15, 32:1, 32:3, 32:6, 32:13, 32:17, 32:19, 33:1, 33:2 MS [80] - 2:2, 2:21, 3:8, 3:15, 3:19, 4:8, 7:2, 7:11, 7:19, 8:1, 8:5, 8:8, 8:23, 9:5, 9:11, 9:21, 10:1, 10:25, 12:2, 12:11, 13:9, 13:11, 13:15, 13:23, 14:9, 14:17, 14:24, 15:4, 15:6, 15:12, 15:18, 15:21, 16:14, 17:1, 20:13, 20:23, 21:4, 21:11, 21:21, 22:1, 22:5, 22:11, 22:19, 23:4, 23:10, 23:13, 23:17, 23:21, 24:1, 24:7, 24:12, 24:19, 24:24, 25:10, 25:15, 25:16, 25:20, 26:3, 27:1, 27:6, 27:10, 27:17, 27:20, 28:7, 28:21, 29:3, 29:10, 29:16, 29:23, 30:3, 30:15, 31:9, 31:13, 31:22, 32:4, 32:11, 32:16, 32:18, 32:21, 33:3 multiple [2] - 11:11, 26:17 N name [1] - 28:8 named [1] - 5:12 names [2] - 14:25, 15:13 necessarily [3] - 12:12, 12:21, 26:5 necessary [1] - 27:23 need [8] - 5:4, 5:5, 15:14, 15:21, 26:5, 26:14, 27:14, 30:16 needed [2] - 27:11 needs [2] - 28:24, 29:12 negotiations [2] - 15:25, 33:6 Negotiations [1] - 1:4 negotiator [1] - 16:5 never [2] - 28:9 New [2] - 34:5, 34:18 new [3] - 11:23, 17:9, 23:5 next [4] - 10:2, 10:3, 18:10, 18:22 nine [1] - 18:18 no" [1] - 24:18 non [4] - 4:20, 5:1, 6:13, 11:3 non-represented [4] - 4:20, 5:1, 6:13, 11:3 Nos [1] - 20:3 Notary [2] - 34:4, 34:18 nothing [5] - 10:11, 11:23, 25:15, 27:21 notice [5] - 12:17, 12:19, 19:21, 19:25, 23:22 noticed [1] - 20:5 November [2] - 1:5, 34:20 Number [1] - 19:16 number [6] - 5:21, 9:14, 19:6, 20:2, 22:10, 23:2 O October [1] - 24:9 offer [1] - 14:10 offered [2] - 13:12, 13:16 offering [1] - 6:1 offline [1] - 4:24 old [1] - 11:18 on-site [1] - 28:17 one [10] - 2:25, 5:12, 11:13, 17:16, 17:24, 19:19, 22:16, 22:19, 31:2 one-week [1] - 17:24 ones [3] - 9:19, 26:8, 28:7 onsite [1] - 10:21 OPERATIONS [1] - 1:12 order [1] - 17:7 otherwise [2] - 12:8, 27:4 outstanding [1] - 29:17 own [1] - 9:6 P p.m [1] - 33:7 package [2] - 14:10, 21:1 paid [3] - 2:14, 13:13, 13:16 Paid [4] - 17:10, 17:13, 17:14, 21:11 parallel [1] - 12:13 parent [1] - 16:8 Parental [4] - 17:10, 17:13, 17:14, 21:11 parental [2] - 13:13, 13:16 parents [1] - 27:2 part [1] - 11:14 part-time [1] - 11:14 parties [1] - 34:12 party [1] - 18:14 passive [1] - 28:15 past [2] - 12:25, 18:19 pay [1] - 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2:15, 16:17 shift [1] - 18:3 show [1] - 8:10 Side [1] - 21:7 significantly [1] - 13:25 signing [1] - 18:7 silent [1] - 12:24 similar [1] - 24:8 similarly [4] - 5:19, 6:13, 9:12, 9:19 sit [3] - 14:25, 15:13, 31:19 site [3] - 8:13, 8:14, 28:17 SITE [2] - 1:11, 1:12 sitting [1] - 29:6 six [4] - 17:17, 18:21, 19:4, 22:21 SMITH [1] - 1:17 smoke [1] - 8:10 Social [3] - 18:21, 22:17, 22:24 sorry [1] - 5:11 sort [1] - 15:2 specific [2] - 23:18, 25:1 specifically [3] - 5:10, 5:25, 27:13 stand [1] - 14:25 state [1] - 17:8 State [3] - 18:6, 34:5, 34:18 statement [1] - 28:20 statements [3] - 2:13, 16:21, 18:12 States [1] - 23:3 status [1] - 6:25 stenographically [1] - 34:8 Steve [1] - 26:23 STEVEN [1] - 1:14 STEWARD [1] - 1:17 still [4] - 20:17, 21:18, 23:8, 31:4 stonewall [1] - 11:8 Stop [2] - 15:4, 15:8 stop [3] - 15:5, 15:6, 15:7 STRASSER [1] - 1:17 stretch [1] - 30:25 stupid [2] - 15:11, 28:4 subject [4] - 6:18, 24:14, 25:4 subjects [1] - 25:5 Subsection [3] - 19:14, 19:22, 20:3 subsequently [1] - 22:5 sudden [1] - 31:18 suggestions [3] - 11:8, 11:10, 11:12 T table [5] - 8:17, 24:17, 26:9, 30:24, 31:17 talks [2] - 5:12, 5:13 Talley [1] - 28:17 team [3] - 25:11, 32:12, 32:21 Tech [3] - 19:5, 22:9, 22:14 ten [1] - 4:13 tentative [3] - 3:4, 21:12, 30:7 tentatively [1] - 14:17 term [1] - 10:15 terms [3] - 8:12, 18:18, 23:3 testimony [1] - 34:7 text [2] - 15:23, 15:24 thick [1] - 13:14 thieves [1] - 10:12 third [1] - 18:14 third-party [1] - 18:14 THOMAS [2] - 1:15, 1:15 thousands [1] - 24:16 three [5] - 2:4, 5:17, 9:2, 10:16, 18:19 three-and-a-half [1] - 9:2 Thursday [1] - 1:5 timeout [3] - 15:21, 27:9, 27:14 timing [1] - 32:23 today [1] - 3:1 together [1] - 30:12 Tom [2] - 15:12, 27:14 Too" [1] - 7:3 took [1] - 26:18 tool [4] - 11:2, 13:6, 13:7, 14:6 top [2] - 16:22, 20:15 topic [1] - 2:25 topped [3] - 19:5, 22:9, 22:14 topped-out [1] - 19:5 total [3] - 5:21, 9:14, 17:24 transcript [1] - 34:7 transcripts [1] - 14:3 transition [1] - 17:7 TREASURER [1] - 1:15 treat [10] - 4:19, 5:14, 5:18, 8:3, 9:11, 9:18, 14:7, 15:3, 28:4, 28:5 treated [6] - 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