1 1 2 EMRE - ILEU 3 4 Collective Bargaining Agreement Negotiations 5 Tuesday, October 5, 2021 Commencing at 1:03 p.m. EST 6 7 HELD REMOTELY VIA ZOOM 8 --- Day 66 --- 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 2 MR. FREDRIKSEN: It has been a while 3 since we last met. Thank you for getting back 4 together with us. 5 Before we get started, I have a couple 6 questions. The first question is: 7 The Savings Plan Match, what is the 8 status of the Savings Plan Match for the 9 represented employees? 10 MS. McCLAIN: My understanding is as 11 of October 1, the Savings Plan Match was 12 reinstituted for all employees who had previously 13 elected to participate in the Savings Plan. 14 MR. FREDRIKSEN: Great. What is the 15 status of the Educational Refund Program? 16 MS. McCLAIN: There is no change to 17 the Educational Refund Program from what we 18 previously discussed. 19 MR. FREDRIKSEN: Has there been any 20 discussions regarding restoring it? 21 MS. McCLAIN: I have not been made 22 aware of any discussions. I know that the Company 23 has stated they are evaluating the program, but I 24 am not aware that I can provide you an update at 25 this time. Rita Gardner ~ Court Reporter ~ (908) 319-1195 3 1 MR. FREDRIKSEN: Just before the site 2 had its incident, the ruling on the Company's 3 appeal filed in the Federal District Court of 4 Appeals came out and my only question at this time 5 is: Has the Company filed any additional appeals 6 or anything else regarding that? 7 MS. McCLAIN: No. The Company is 8 aware of the judgment and we are still evaluating 9 our options at this point. 10 MR. FREDRIKSEN: Okay. Those were 11 the questions I had. 12 Do you guys have any questions for us, 13 anything you want to discuss before we jump into 14 bargaining? 15 MS. McCLAIN: No. I just wanted to 16 express our thanks and appreciation. You know, 17 the last month has been -- we have been focused on 18 the site operations. We have had some good 19 collaborative conversations and appreciate working 20 together on those, as well as to reschedule from 21 last Thursday. So I appreciate you guys 22 accommodating me. 23 MR. RAGOMO: Okay. 24 MR. FREDRIKSEN: All right. It has 25 been a while since we have talked in the context Rita Gardner ~ Court Reporter ~ (908) 319-1195 4 1 of this, so I will bring forward a new topic to 2 discuss, which is like all of our new topics, 3 actually an old topic in disguise. 4 So LPS, we haven't talked about this 5 in a while. We have made our positions clear to 6 the Company regarding its execution of unilateral 7 change. 8 The Union filed an Unfair Labor 9 Practice over the Company's unilateral change to 10 make LPOs a mandatory job activity. And as far as 11 I know, that is still pending, but, you know, we 12 want to -- the ILEU is not -- we are not 13 interested in just filing things for the sake of 14 filing things and making the Company spend a bunch 15 of money when it doesn't need to spend a bunch of 16 money. 17 So that being said, we hope that we 18 could potentially be able to resolve this in 19 bargaining, as we should have from the very 20 beginning when the Company wanted to make a change 21 to something like this. 22 So that being said, we have a proposal 23 today as part of our package regarding LPS. So I 24 am going to send that forward to you now. 25 MS. McCLAIN: Okay. Rita Gardner ~ Court Reporter ~ (908) 319-1195 5 1 MR. FREDRIKSEN: Is there anything 2 anybody would like to add before I send it? 3 Sending it now. 4 Before I jump straight into that, no 5 changes until C2. 6 At this time the Union has decided to 7 withdraw its counterproposal on C2. Arbitrator 8 Klein's ruling has clarified the meaning of what 9 is in the contract. It has worked for the Company 10 and the Union for many years. 11 At this point, what we are thinking is 12 to move forward with the status quo and use the 13 current contract language to address contracting 14 onsite. 15 So jumping ahead to the new 16 information. No changes until No. 6. The Union 17 proposes the following side agreement regarding 18 LPS. 19 The Loss Prevention System is a 20 program which the Company has adopted concerning 21 the administration of certain aspects regarding 22 employee safety and wellness. Included among 23 other aspects in the envelope of LPS is a discreet 24 procedure referred to as Loss Prevention 25 Observations. Rita Gardner ~ Court Reporter ~ (908) 319-1195 6 1 The adoption and participation in the 2 LPS, as well as the side letter does not preclude 3 the normal expectation that all employees maintain 4 responsibility for the safety of themselves, as 5 well as the safety and security of their work 6 area, as defined in the employee's job 7 description. 8 In order to perform any activity 9 within the parameters and guidelines set by LPS, 10 an employee must be given training, typically an 11 eight-hour course. The participation in this 12 initial training moving forward shall be 13 considered mandatory for all represented employees 14 at the Clinton site. 15 Represented employees shall be paid at 16 the employee's premium rate of pay for this 17 training and for a minimum of eight hours, subject 18 to the terms listed in Article X, Section I. 19 Periodic formal refresher trainings may be 20 scheduled and those trainings will also be paid 21 the employee's premium rate. 22 Any formal activity performed under 23 the scope of LPS that is assigned as a mandatory 24 work activity by a supervisor will be paid at the 25 employee's rate. This does not include day-to-day Rita Gardner ~ Court Reporter ~ (908) 319-1195 7 1 participation in LPS, such as relevant and 2 frequent usage of LPSA, but is intended to address 3 discreet mandatory assigned procedures such as 4 LPOs. Not within the scope are aspects of LPS 5 that employees participate at their own 6 discretion. 7 To the extent that there is a dispute 8 between this side agreement and any other 9 provisions of the CBA, the side letter shall 10 govern. 11 The agreement will remain in effect 12 until the expiration of the CBA and it may be 13 modified with mutual consent of parties hereto. 14 And this would not be part of the 15 language in the contract. But as a memorandum of 16 agreement, the Company shall distribute a joint 17 communication with represented employees fully 18 acknowledging that the institution of LPOs is a 19 mandatory work activity, was done in violation of 20 the National Labor Relations Act. The letter 21 shall be signed by the Clinton site manager. 22 So, again, not interested in 23 litigating for the sake of litigating. If the 24 Company wants to go through that, we can. 25 However, the Company did violate the law when it Rita Gardner ~ Court Reporter ~ (908) 319-1195 8 1 instituted that unilateral change. You know, this 2 is an olive branch to make that right. 3 The process should have been 4 bargaining, should have tried to make that change 5 in bargaining. Safety-related issues, to my 6 knowledge, are a mandatory subject at bargaining. 7 And even if it wasn't, it was still a unilateral 8 change. 9 So, this is an opportunity for the 10 Company to make that right. That is the proposal. 11 Any questions? 12 MS. McCLAIN: I am just -- I just 13 had to open it a little bit bigger so I can see. 14 Sorry. I am still digesting. So give me a second 15 to read this. 16 Of course, the team, you know, will 17 take this away and talk about it, in particular, 18 but while -- I am just looking at this. 19 I just wanted to confirm, there is -- 20 I am looking at the entire proposal. There is no 21 change with what was written about United Way Day 22 off. No change to C1, C5 with Automotive 23 Technician. There is no change from what we 24 discussed and agreed to on June 11 and the 25 descriptions in March 25 and the addition of three Rita Gardner ~ Court Reporter ~ (908) 319-1195 9 1 levels. Then C2 -- and then C2 you have 2 completely struck; is that correct? 3 MR. FREDRIKSEN: That is right. 4 MS. McCLAIN: Okay. And then U-4, 5 your side agreement on the Savings Plan is still 6 in effect? 7 MR. FREDRIKSEN: Yes. Let me pull up 8 that side agreement. Give me a second. 9 So in terms of the retroactive 10 proposal, the proposal says the match is 11 suspended, but it also says that it can be lifted 12 at any time. So if the Company agreed to this, 13 the only things that would really happen is that 14 obviously the match is back, but it would be that 15 you couldn't suspend the match moving forward for 16 people whose match was suspended already. 17 That is the limit of the proposal. 18 This isn't a proposal to suspend the match again. 19 I just want to make sure that is understood. 20 Maybe the language has to be readjusted, but the 21 spirit of the proposal is still the same. 22 Is that okay to say for now? 23 MS. McCLAIN: I understand. 24 No change to the Parental Time Off, as 25 well as the Health Department Care Leave and Rita Gardner ~ Court Reporter ~ (908) 319-1195 10 1 Educational Refund Program. And then no changes 2 to your wage proposal, U-10. And no change to the 3 No. 5, additional recognized holiday, and then it 4 is the addition of No. 6. 5 MR. FREDRIKSEN: I am not sure if the 6 Company ever formally responded -- I don't believe 7 you did. You didn't respond in a counterproposal 8 to U-10. That is with the changes to the NOBP, 9 just as a reminder. 10 MS. McCLAIN: I thought we did, but 11 we will respond. And then it is No. 6. 12 So for No. 6, with the Loss Prevention 13 System, you mentioned -- I am seeing here that it 14 is the eight-hour course. I mean, that is the 15 normal training, right that we have? 16 MR. FREDRIKSEN: Yes. 17 MS. McCLAIN: And you are saying this 18 is -- folks would get paid their premium rate? 19 MR. FREDRIKSEN: Yes. 20 MS. McCLAIN: And what do you mean 21 by that? 22 MR. FREDRIKSEN: So premium rates is 23 defined in Article X, Section I, which is time and 24 a half of your hourly rate. And if it is on a 25 second day of rest, it would be double-time. Rita Gardner ~ Court Reporter ~ (908) 319-1195 11 1 Obviously this is during working hours, so it 2 would be time and a half. 3 MS. McCLAIN: Okay. That is clear. 4 I just wanted to make sure that is what we were 5 talking about. 6 And they would get time and a half 7 premium rate for a minimum of 8 hours? 8 MR. FREDRIKSEN: Right. Sometimes 9 those trainings have been rushed to get them done 10 in seven hours. So it is just eight hours. 11 MS. McCLAIN: Okay. 12 So then the next paragraph, where you 13 have any formal activity performed under the scope 14 of LPS, that is assigned as a mandatory work 15 activity by the supervisor will be paid at the 16 premium rate. Is that just for the period in 17 which they are doing it? So like this is doing an 18 LPO, right? If they have to do an LPO and the LPO 19 takes an hour, then that -- it is for that hour 20 that they get a premium rate? 21 MR. FREDRIKSEN: Right. The LPO is 22 also like -- so there is the observation that you 23 give and then there is the conversation you have 24 with the supervisor. That is still considered 25 part of it, unless that part is not mandatory. Rita Gardner ~ Court Reporter ~ (908) 319-1195 12 1 Basically any portion that a supervisor is deeming 2 mandatory for LPS, you can think of it as this. 3 MS. McCLAIN: Okay. I understand 4 what you have here. 5 Any questions from the team right now? 6 We will have to take this under consideration. 7 Again, any questions from my team? 8 MR. BRYANT: I think that is it, 9 Jeffe. 10 MS. McCLAIN: Okay. I think -- we 11 will definitely take it away and consider the 12 Union's proposal. I am just trying to think 13 through how this will work. 14 MR. FREDRIKSEN: Sure. Any questions 15 you have, just text us. 16 MS. McCLAIN: Yes. Did you need us 17 to read the responses into the record or -- the 18 information responses or you have them? 19 MR. FREDRIKSEN: We have them. I 20 think it would be good and when you come back from 21 your caucus we can discuss that, as well. I did 22 want to discuss that. 23 How about once you come back from your 24 caucus we can discuss that? 25 MS. McCLAIN: That is fine. That is Rita Gardner ~ Court Reporter ~ (908) 319-1195 13 1 fine. All right. Thank you. 2 (Negotiations recessed at 1:18 p.m. 3 and resumed at 3:04 p.m.) 4 MS. McCLAIN: Can we request a 5 sidebar real quick? 6 (Remote negotiations recessed for a 7 sidebar at 3:05 p.m. and resumed at 3:15 p.m.) 8 MS. McCLAIN: Thank you for coming 9 back together with us. I think we talked 10 through -- before we left, that you had some 11 questions on the information request and you 12 wanted to go over that. 13 MR. FREDRIKSEN: Sure. Let's go over 14 it. 15 MS. McCLAIN: On August 19, I 16 submitted an information request. And the first 17 one being please provide and explain any and all 18 ILEU bargaining unit work that is being outsourced 19 or has been outsourced for any length of time or 20 reason since June 1, 2018. 21 The Company analysis is below and 22 includes work for which the Company retains 23 equipment and skills onsite. 24 You see two contracts there from eii, 25 Inc. Joule Staffing is listed there. Next is Rita Gardner ~ Court Reporter ~ (908) 319-1195 14 1 Jones Lang LaSalle Americas, also known as JLL. 2 And then QC, Inc. 3 You should have the amounts listed for 4 2018 for eii as 4,896. For 2019 for eii, Inc., it 5 is 7,107,238. For 2022 -- 6 MR. RAGOMO: 2020. 7 MS. McCLAIN: 2020 sorry. 2020, 8 5,880,270. And 2021, 5,072,260. And there is a 9 second contract that was extended in 2021 for 10 13,484. 11 For Joule Staffing Services in 2021, 12 it was 52,781. 13 And Jones Lang LaSalle in 2021 there 14 is -- first line is $365,470. 15 The second line for Jones Lang LaSalle 16 Americas, Inc., in 2020 was 84,348 and then $6 in 17 2021. 18 And then a third row for Jones Lang 19 LaSalle Americas, Inc., 2021, in the amount of 20 208,879. 21 For QC, Inc., it is in 2020, $5,929 22 and in 2021, 16,333. 23 MR. FREDRIKSEN: Why such a big jump 24 from 2018 to 2019? 25 MS. McCLAIN: Yuk? Rita Gardner ~ Court Reporter ~ (908) 319-1195 15 1 MR. FREDRIKSEN: To $7 million. 2 MS. LOUIE: What is your question 3 again? Big jump from what to what? 4 MR. FREDRIKSEN: 2018 to 2019. 5 MS. McCLAIN: For eii, I assume. 6 MS. LOUIE: Because we change 7 contract over to eii from the different group, 8 Pipe Craft with Joule and different outfit. 9 MR. RAGOMO: Shouldn't Pipe Craft be 10 listed also? 11 MS. LOUIE: I don't have it because, 12 like I said, this was a pull from all our POs from 13 Purchase to Pay System. 14 MR. FREDRIKSEN: We will look at 15 that. 16 MR. RAGOMO: It appears to possibly 17 be an incomplete list, because Pipe Craft isn't 18 listed there and I believe you just pulled that 19 one in, in the last year. 20 MS. LOUIE: The eii was definitely 21 in 2019, the switchover. 22 MR. FREDRIKSEN: We can all look at 23 it. 24 MS. LOUIE: Why don't you look at it 25 first. Like I said, I went through all the Rita Gardner ~ Court Reporter ~ (908) 319-1195 16 1 information. I did not see one for Pipe Craft. 2 MS. McCLAIN: Number two, please 3 explain specific issues, (problems, barriers, 4 disruptions, et cetera) that the ILEU's proposal 5 on contracting will create for EMRE's business 6 plans through the term of contract being 7 negotiated, which is, as of now, would be set to 8 expire in June of 2024. 9 This is not a question of hypothetical 10 issues, but real issues the Company is actually 11 facing according to the plans they have or wish to 12 make over the next three years. 13 This was, of course, in response to 14 the Union's -- or referencing the Union's proposal 15 of C2 that was dated August 19. 16 So the Company's response: The 17 Company cannot enumerate all examples that may or 18 may not happen in the future. The Company is 19 seeking the flexibility, without duration limits, 20 to engage third parties to perform work based on 21 our future business needs. 22 There are a couple examples where the 23 Union's proposal would and could limit the 24 Company's flexibility. So today, we utilize a 25 third-party to conduct QC testing in the advanced Rita Gardner ~ Court Reporter ~ (908) 319-1195 17 1 wastewater treatment plant under the ILEU's 2 proposal. We would only be able to do so for 12 3 months. Such a time limit, if agreed to, would 4 require that we reactivate equipment or engage in 5 a business that we do not have the resources or 6 equipment to do. 7 Also, the ILEU proposed restrictions 8 on the Company's ability to involuntarily transfer 9 employees working on programs that may cease or 10 transition into a new phase that might be 11 supported by a third-party and this would, again, 12 limit our flexibility. 13 Such a proposal would require that the 14 Company maintain a project or program that has 15 ceased or would restrict our ability to reassign 16 employees to other projects or programs. 17 As we have discussed, during our many 18 bargaining sessions, the Company is looking for a 19 forward-looking agreement that settles past issues 20 and represents an all-encompassing understanding 21 on both sides as to how we contract out. 22 You know, we have had obvious 23 discrepancies between the Union's and Company's 24 interpretation of the CBA language regarding 25 contracting, and bargaining is the place to settle Rita Gardner ~ Court Reporter ~ (908) 319-1195 18 1 those disagreements. 2 The Company is seeking clear language 3 that explains the Company's ability to contract 4 out, both on and offsite should a third party be 5 needed to resolve any conflicts. 6 The Company anticipates that we will 7 continue to require employees at levels we deem 8 appropriate to support the business needs. We 9 have important work onsite and the number of 10 employees will be dictated by a number of factors. 11 We need the flexibility to manage our business as 12 the business environment changes. 13 MR. FREDRIKSEN: Thank you for 14 reading that into the record. 15 The first thing that jumps out at me 16 is that the two specific examples that the Company 17 gave, which is to say the only specific example 18 that the Company gave of problems that the 19 proposal presents are addressed only by the cut 20 Union's last proposal, which included the 12-month 21 limit and the restriction on transferring people. 22 Am I to understand that it was only 23 the recent proposal that the Union submitted that 24 presented specific problems to the Company? 25 MS. McCLAIN: No. You know, those Rita Gardner ~ Court Reporter ~ (908) 319-1195 19 1 were -- we gave examples based on the proposal 2 that was at the table. 3 MR. FREDRIKSEN: Okay. 4 I don't have any more questions. The 5 good news is that we withdrew that proposal. So, 6 flexibility restored. 7 MS. McCLAIN: You know, in response 8 to that, we did take our time and take a look at 9 the Union's offers from August 19 and, you know, 10 the one you gave us today. And, you know, like 11 you said, the contracting language, which you have 12 removed the side agreement and, you know, the 13 Company has always maintained that we were not 14 looking to change the contract language in Article 15 XVIII, but we needed clarity. 16 You know, you referenced the 17 Third-Circuit arbitrator's decision, but as you 18 know, we have been negotiating for a number of 19 years on this contract, and you know, C2 being one 20 of the important proposals for the Company. And 21 those decisions are happening outside of 22 bargaining. You know, we are here to bargain. 23 And in October 1, 2020, we implemented 24 new language. So to clarify one of the questions 25 you asked earlier when we started this session as Rita Gardner ~ Court Reporter ~ (908) 319-1195 20 1 to whether or not we see -- you know, we have any 2 response to the Third-Circuit judgment, we don't 3 see any -- I will clarify for you that we don't 4 see any action required by the Company at this 5 time, given that we have been negotiating and we 6 declared impasse and implemented some new language 7 in October of 2020. 8 Any rulings or future litigation, we 9 see no impact on our bargaining. Those happened 10 outside. Here, we are here to discuss and we have 11 been looking for clarity. There were obvious 12 discrepancies, like I said just now in the 13 response to information requests, you know, that 14 our interpretations have conflict, and bargaining 15 is the place to settle those disagreements. 16 You know, we have discussed 17 contracting many times. The Company is seeking 18 clarity and flexibility during these negotiations. 19 We are not interested in moving backwards. 20 We do see the Union's withdraw of 21 their C2 counter as a regressive move, which is 22 your right to make. 23 MR. RAGOMO: That is funny. 24 MR. FREDRIKSEN: I think we are done. 25 Do you have anything else, Steve? Rita Gardner ~ Court Reporter ~ (908) 319-1195 21 1 MS. McCLAIN: Finally. One final 2 thing then, since I think you probably know where 3 we are going with this one -- 4 MR. FREDRIKSEN: I laughed, for the 5 record. I laughed very hard, because that is an 6 insane statement after the Company declared 7 impasse and then introduced more language to their 8 proposal that was worse than the one that they 9 declared impasse over and could provide no reason 10 for doing it. 11 MS. McCLAIN: Like I said, you have 12 a legal right to make a regressive proposal, just 13 like we have a right -- 14 MR. RAGOMO: And you did. 15 MS. McCLAIN: -- when we are 16 bargaining to make changes to our proposals. 17 MR. RAGOMO: And make them 18 regressive. 19 MS. McCLAIN: We see this current 20 move by the Union as moving further apart. 21 MR. FREDRIKSEN: You know, there are 22 things that are important to us too, JeffeLee. 23 Something that ExxonMobil always thinks is that it 24 is always about them, it is always about what you 25 need, it is always about contracting because you Rita Gardner ~ Court Reporter ~ (908) 319-1195 22 1 need contracting. 2 Well, things are important to us too 3 and you haven't moved on any of those issues. 4 MS. McCLAIN: And again -- 5 MR. FREDRIKSEN: It is not all about 6 you. 7 MS. McCLAIN: I think we have moved 8 on issues and we have discussed, you know, the 9 different options. Right now, you have our best 10 offer and, you know, I can answer for you all of 11 the other ones -- but if you would like -- your 12 other proposals -- but if you would like to 13 adjourn, that is up to you. That is fine for us. 14 MR. FREDRIKSEN: Go ahead and answer 15 them. Let's hear it. 16 MS. McCLAIN: Like I said, we are 17 looking for -- you know, our contracting out is 18 still on the table from the Company. We are 19 interested in addressing this issue in bargaining. 20 MR. FREDRIKSEN: I look forward to 21 the impasse being declared illegal, as it 22 rightfully is, and the Company having to hire all 23 of the people that they permanently contracted 24 out. So move on from that. 25 MS. McCLAIN: Those issues are Rita Gardner ~ Court Reporter ~ (908) 319-1195 23 1 happening outside of this bargaining. We are not 2 waiting for that to happen. We are here for 3 bargaining. We are talking. We have been for 4 four years. I don't know if it is in your -- 5 MR. FREDRIKSEN: Are you withdrawing 6 the impasse and implementation, if they happened 7 outside of bargaining they are irrelevant? 8 MS. McCLAIN: What do you mean? 9 We have declared that in October 1, 10 2020. 11 MR. FREDRIKSEN: Illegally. 12 MS. McCLAIN: We disagree that it is 13 illegally. It has already been declared. 14 MR. FREDRIKSEN: It is very relevant 15 that we figure that out, so it is relevant to 16 bargaining, right, because you are not going to 17 change it. The Company has no intention on really 18 bargaining over contracting. You are just going 19 to stonewall the crap out of us until we give up 20 the. Well, it is not going to happen. Move on. 21 MS. McCLAIN: In any case, like I 22 said, you know, we have always -- our proposal 23 from June is on the table. 24 Your other proposals around the 25 Savings Plan Match, I answered, that the Savings Rita Gardner ~ Court Reporter ~ (908) 319-1195 24 1 Plan Match has returned for everyone who has 2 continued their participation in the Savings Plan. 3 Yuk thought it would be good for us to just 4 clarify that. It is not automatic if you are not 5 participating now. You have to be participating 6 in order to get the match, but anyone who is will 7 get it. 8 And the side agreement that you 9 proposed, there is no interest in creating a 10 separate benefit plan, as your proposal requires. 11 And the holidays remains the same, you 12 know, answer. I have stated many times, I agree 13 that Juneteenth is an American holiday and it 14 should be celebrated by all and, you know, the 15 Company maintains that there are options for the 16 Union. And those options are still on the table, 17 but we will maintain -- we are interested in 18 maintaining ten holidays, but willing to move 19 things around as, you know -- and give the Union 20 the option to trade a floating holiday or a fixed 21 holiday for Juneteenth. 22 With LPS, that was a new one that was 23 added. And with this proposal, it is rejected. 24 It is inconsistent with our current 25 practice that folks attend training and are paid Rita Gardner ~ Court Reporter ~ (908) 319-1195 25 1 their normal hours or receiving premium pay if 2 they're off hours. And so there is no change to 3 the contract application that we see for training 4 at this point. 5 MR. FREDRIKSEN: Anything else? 6 MS. McCLAIN: You said we never 7 responded about the economic offer, right, and the 8 need to with pattern bargaining. At this time, we 9 are not interested in applying pattern bargaining. 10 We would rather address issues and not defer them 11 to someone else. Bargaining our wages. So, you 12 know, our offer is still on the table and still 13 the best offer. 14 MR. FREDRIKSEN: Best? 15 MR. RAGOMO: Oh, my goodness. 16 Cheese and crackers. Did you outright just reject 17 everything? This is what you refer to as 18 bargaining? Just because, as Tom said, it is only 19 in the interest of the Company. You don't -- you 20 don't care that it is the employees that make the 21 Company. 22 We are now below a critical mass in 23 terms of the employees needed to operate the site 24 safely. And safety is supposed to be paramount 25 for ExxonMobil, yet you are working in -- you have Rita Gardner ~ Court Reporter ~ (908) 319-1195 26 1 people under stress, under pressures that are not 2 necessary. You are kidding. This is not the way 3 you run a business, and it is most certainly not 4 the way you bargain. 5 MS. McCLAIN: We disagree. 6 MR. RAGOMO: Of course you do. I 7 would expect nothing less. Oh, Jiminy Crickets, 8 you disagree. Get the newspapers out. Headline: 9 ExxonMobil Disagrees. Of course you do with 10 labor. That is why you lock people out, because 11 you are heartless and you are cold. You could 12 care less that the employees are the ones that 13 make the profits for your shareholders. Cheese 14 and crackers. What an embarrassment of a company. 15 Dear God. 16 MS. McCLAIN: So, if you are done, 17 is there anything else? Any other questions? 18 MR. FREDRIKSEN: Not at this time. 19 We are going to caucus and let you know when we 20 are ready. 21 (Remote negotiations recessed at 3:37 22 p.m. and adjourned at 4:27 p.m.) 23 24 25 Rita Gardner ~ Court Reporter ~ (908) 319-1195 27 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: October 5, 2021 21 22 23 24 25 Rita Gardner ~ Court Reporter ~ (908) 319-1195 $ $365,470 [1] - 14:14 $5,929 [1] - 14:21 1 1 [4] - 2:11, 13:20, 19:23, 23:9 11 [1] - 8:24 12 [1] - 17:2 12-month [1] - 18:20 13,484 [1] - 14:10 16,333 [1] - 14:22 19 [3] - 13:15, 16:15, 19:9 1:03 [1] - 1:5 1:18 [1] - 13:2 2 2018 [4] - 13:20, 14:4, 14:24, 15:4 2019 [4] - 14:4, 14:24, 15:4, 15:21 2020 [8] - 14:6, 14:7, 14:16, 14:21, 19:23, 20:7, 23:10 2021 [9] - 1:5, 14:8, 14:9, 14:11, 14:13, 14:17, 14:19, 14:22, 27:20 2022 [1] - 14:5 2024 [1] - 16:8 208,879 [1] - 14:20 25 [1] - 8:25 3 3:04 [1] - 13:3 3:05 [1] - 13:7 3:15 [1] - 13:7 3:37 [1] - 26:21 4 4,896 [1] - 14:4 4:27 [1] - 26:22 5 5 [3] - 1:5, 10:3, 27:20 5,072,260 [1] - 14:8 5,880,270 [1] - 14:8 52,781 [1] - 14:12 6 6 [5] - 5:16, 10:4, 10:11, 10:12, 14:16 66 [1] - 1:8 7 7 [1] - 15:1 7,107,238 [1] - 14:5 8 8 [1] - 11:7 84,348 [1] - 14:16 A ability [3] - 17:8, 17:15, 18:3 able [2] - 4:18, 17:2 accommodating [1] - 3:22 according [1] - 16:11 accurate [1] - 27:7 acknowledging [1] - 7:18 ACT [1] - 1:16 Act [1] - 7:20 action [3] - 20:4, 27:12, 27:15 activity [7] - 4:10, 6:8, 6:22, 6:24, 7:19, 11:13, 11:15 add [1] - 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24:24 INDEPENDENT [1] - 1:13 information [6] - 5:16, 12:18, 13:11, 13:16, 16:1, 20:13 initial [1] - 6:12 insane [1] - 21:6 instituted [1] - 8:1 institution [1] - 7:18 intended [1] - 7:2 intention [1] - 23:17 interest [2] - 24:9, 25:19 interested [7] - 4:13, 7:22, 20:19, 22:19, 24:17, 25:9, 27:14 interpretation [1] - 17:24 interpretations [1] - 20:14 introduced [1] - 21:7 involuntarily [1] - 17:8 irrelevant [1] - 23:7 issue [1] - 22:19 issues [9] - 8:5, 16:3, 16:10, 17:19, 22:3, 22:8, 22:25, 25:10 J Jeffe [1] - 12:9 JEFFELEE [1] - 1:11 JeffeLee [1] - 21:22 Jersey [2] - 27:5, 27:18 Jiminy [1] - 26:7 JLL [1] - 14:1 job [2] - 4:10, 6:6 joint [1] - 7:16 Jones [4] - 14:1, 14:13, 14:15, 14:18 JOSH [1] - 1:12 Joule [3] - 13:25, 14:11, 15:8 judgment [2] - 3:8, 20:2 jump [4] - 3:13, 5:4, 14:23, 15:3 jumping [1] - 5:15 jumps [1] - 18:15 June [4] - 8:24, 13:20, 16:8, 23:23 Juneteenth [2] - 24:13, 24:21 K kidding [1] - 26:2 Klein's [1] - 5:8 knowledge [1] - 8:6 known [1] - 14:1 L Labor [2] - 4:8, 7:20 LABOR [1] - 1:12 labor [1] - 26:10 LABORATORY [1] - 1:13 Lang [4] - 14:1, 14:13, 14:15, 14:18 language [10] - 5:13, 7:15, 9:20, 17:24, 18:2, 19:11, 19:14, 19:24, 20:6, 21:7 LaSalle [4] - 14:1, 14:13, 14:15, 14:19 last [5] - 2:3, 3:17, 3:21, 15:19, 18:20 laughed [2] - 21:4, 21:5 law [1] - 7:25 Leave [1] - 9:25 LEBRON [1] - 1:16 left [1] - 13:10 legal [1] - 21:12 length [1] - 13:19 less [2] - 26:7, 26:12 letter [3] - 6:2, 7:9, 7:20 levels [2] - 9:1, 18:7 lifted [1] - 9:11 limit [5] - 9:17, 16:23, 17:3, 17:12, 18:21 limits [1] - 16:19 line [2] - 14:14, 14:15 list [1] - 15:17 listed [5] - 6:18, 13:25, 14:3, 15:10, 15:18 litigating [2] - 7:23 litigation [1] - 20:8 lock [1] - 26:10 look [5] - 15:14, 15:22, 15:24, 19:8, 22:20 looking [7] - 8:18, 8:20, 17:18, 17:19, 19:14, 20:11, 22:17 Loss [3] - 5:19, 5:24, 10:12 LOUIE [6] - 1:12, 15:2, 15:6, 15:11, 15:20, 15:24 LPO [4] - 11:18, 11:21 LPOs [3] - 4:10, 7:4, 7:18 LPS [12] - 4:4, 4:23, 5:18, 5:23, 6:2, 6:9, 6:23, 7:1, 7:4, 11:14, 12:2, 24:22 LPSA [1] - 7:2 LYNDA [1] - 1:17 M maintain [3] - 6:3, 17:14, 24:17 maintained [1] - 19:13 maintaining [1] - 24:18 maintains [1] - 24:15 manage [1] - 18:11 manager [1] - 7:21 MANAGER [2] - 1:11, 1:12 mandatory [9] - 4:10, 6:13, 6:23, 7:3, 7:19, 8:6, 11:14, 11:25, 12:2 March [1] - 8:25 mass [1] - 25:22 Match [5] - 2:7, 2:8, 2:11, 23:25, 24:1 match [6] - 9:10, 9:14, 9:15, 9:16, 9:18, 24:6 McCLAIN [42] - 1:11, 2:10, 2:16, 2:21, 3:7, 3:15, 4:25, 8:12, 9:4, 9:23, 10:10, 10:17, 10:20, 11:3, 11:11, 12:3, 12:10, 12:16, 12:25, 13:4, 13:8, 13:15, 14:7, 14:25, 15:5, 16:2, 18:25, 19:7, 21:1, 21:11, 21:15, 21:19, 22:4, 22:7, 22:16, 22:25, 23:8, 23:12, 23:21, 25:6, 26:5, 26:16 mean [3] - 10:14, 10:20, 23:8 meaning [1] - 5:8 memorandum [1] - 7:15 mentioned [1] - 10:13 met [1] - 2:3 mICHAEL [1] - 1:16 MICHAEL [1] - 1:17 might [1] - 17:10 million [1] - 15:1 minimum [2] - 6:17, 11:7 modified [1] - 7:13 MOLINA [1] - 1:16 money [2] - 4:15, 4:16 month [1] - 3:17 months [1] - 17:3 most [1] - 26:3 move [6] - 5:12, 20:21, 21:20, 22:24, 23:20, 24:18 moved [2] - 22:3, 22:7 moving [4] - 6:12, 9:15, 20:19, 21:20 MR [47] - 2:2, 2:14, 2:19, 3:1, 3:10, 3:23, 3:24, 5:1, 9:3, 9:7, 10:5, 10:16, 10:19, 10:22, 11:8, 11:21, 12:8, 12:14, 12:19, 13:13, 14:6, 14:23, 15:1, 15:4, 15:9, 15:14, 15:16, 15:22, 18:13, 19:3, 20:23, 20:24, 21:4, 21:14, 21:17, 21:21, 22:5, 22:14, 22:20, 23:5, 23:11, 23:14, 25:5, 25:14, 25:15, 26:6, 26:18 MS [46] - 2:10, 2:16, 2:21, 3:7, 3:15, 4:25, 8:12, 9:4, 9:23, 10:10, 10:17, 10:20, 11:3, 11:11, 12:3, 12:10, 12:16, 12:25, 13:4, 13:8, 13:15, 14:7, 14:25, 15:2, 15:5, 15:6, 15:11, 15:20, 15:24, 16:2, 18:25, 19:7, 21:1, 21:11, 21:15, 21:19, 22:4, 22:7, 22:16, 22:25, 23:8, 23:12, 23:21, 25:6, 26:5, 26:16 must [1] - 6:10 mutual [1] - 7:13 N National [1] - 7:20 necessary [1] - 26:2 need [6] - 4:15, 12:16, 18:11, 21:25, 22:1, 25:8 needed [3] - 18:5, 19:15, 25:23 needs [2] - 16:21, 18:8 negotiated [1] - 16:7 negotiating [2] - 19:18, 20:5 Negotiations [1] - 1:4 negotiations [4] - 13:2, 13:6, 20:18, 26:21 never [1] - 25:6 New [2] - 27:5, 27:18 new [7] - 4:1, 4:2, 5:15, 17:10, 19:24, 20:6, 24:22 news [1] - 19:5 newspapers [1] - 26:8 next [3] - 11:12, 13:25, 16:12 NOBP [1] - 10:8 normal [3] - 6:3, 10:15, 25:1 Notary [2] - 27:4, 27:18 nothing [1] - 26:7 number [4] - 16:2, 18:9, 18:10, 19:18 O observation [1] - 11:22 Observations [1] - 5:25 obvious [2] - 17:22, 20:11 obviously [2] - 9:14, 11:1 october [1] - 27:20 October [5] - 1:5, 2:11, 19:23, 20:7, 23:9 offer [4] - 22:10, 25:7, 25:12, 25:13 offers [1] - 19:9 offsite [1] - 18:4 old [1] - 4:3 olive [1] - 8:2 once [1] - 12:23 one [10] - 13:17, 15:19, 16:1, 19:10, 19:19, 19:24, 21:1, 21:3, 21:8, 24:22 ones [2] - 22:11, 26:12 onsite [3] - 5:14, 13:23, 18:9 open [1] - 8:13 operate [1] - 25:23 OPERATIONS [1] - 1:12 operations [1] - 3:18 opportunity [1] - 8:9 option [1] - 24:20 options [4] - 3:9, 22:9, 24:15, 24:16 order [2] - 6:8, 24:6 outfit [1] - 15:8 outright [1] - 25:16 outside [4] - 19:21, 20:10, 23:1, 23:7 outsourced [2] - 13:18, 13:19 own [1] - 7:5 P p.m [7] - 1:5, 13:2, 13:3, 13:7, 26:22 package [1] - 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