1 1 2 EMRE - ILEU 3 4 Collective Bargaining Agreement Negotiations 5 Thursday, May 6, 2021 Commencing at 9:05 a.m. 6 7 HELD REMOTELY VIA ZOOM 8 --- Day 55 --- 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 ETHAN SEBASCO, SECRETARY (Morning Only) 16 THOMAS FERRO, TREASURER DAVID LEBRON, ACT DELEGATE 17 MICHAEL MOLINA, PO&T DELEGATE PAUL MADIARA, DELEGATE 18 MICHAEL STRASSER, CSR STEWARD 19 20 21 22 23 24 25 Rita Gardner ~ Court Reporter ~ (908) 319-1195 2 1 MS. McCLAIN: Thanks, everybody, for 2 getting together. I think we are together all day 3 today. And looking forward to a productive session. 4 Before I get started, I did want to make a couple 5 statements, if you will permit me. You know, just 6 to try to put the Company's proposal into 7 perspective. So, you know, we shared our proposal 8 last week. We received your information request, we 9 will of course respond to the information request. 10 We have answers for you. 11 Before we get into that, you know, I 12 just wanted to remind everybody of our goals, which 13 are to continue building on, as a company, the 14 experiences in 2020 so that we are maintaining 15 flexibility to adjust to our market conditions. You 16 know, since we began bargaining, the business 17 environment has been challenged. The outlook 18 continues to be challenged. You know, we are 19 seeking the necessary changes to continue, you know, 20 our journey in being a world class, you know, 21 research organization. 22 The changes that we are seeking is 23 really -- isn't new or unique to ExxonMobil or our 24 industry. Some ExxonMobil sites already have the 25 flexibility that we are seeking and, you know, Rita Gardner ~ Court Reporter ~ (908) 319-1195 3 1 continuing our journey in this challenged business 2 environment really requires us to improve our, you 3 know, competitive position and that is what this 4 offer does. You know, without continuously 5 improving, you know, we do run the risk of, you 6 know, falling behind and we don't want to do that. 7 We want to improve our competitiveness so that we 8 are better positioned at Clinton for many years to 9 come. 10 What we need to do, as Clinton, is to 11 do our part to make sure that we are effective and 12 efficient in our operations. And, you know, I just 13 want to take the time, if I can, to share with you 14 some information. 15 So, Josh, if you can send over some 16 information that we have prepared. 17 Just, again, to provide context of the 18 value proposition for working at Clinton as well, 19 you know, a comparison and information about 20 recently approved and ratified contracts, and like 21 the -- since the fourth quarter of 2020 until now 22 just so that we can, you know, have some perspective 23 about what the Company's offer brings to the folks 24 at Clinton, you know, represented and the Company, 25 because I think that is important for us to keep in Rita Gardner ~ Court Reporter ~ (908) 319-1195 4 1 mind. We are here to bargain, we are here to come 2 to an agreement. And there are pluses in each 3 column for everyone with what has been on the table 4 since 2018 and what is currently on the table with 5 our updated offer. 6 Josh, if you can send that. Let me 7 know when you get it. 8 MR. BRYANT: I have sent it, Jeffe. 9 MR. FREDRIKSEN: One-page? 10 MS. McCLAIN: Yes. I am opening it. 11 MR. RAGOMO: Are you going to share 12 your screen, JeffeLee? 13 MS. McCLAIN: I will also share my 14 screen. 15 MR. RAGOMO: Thank you. 16 MS. McCLAIN: I know you prefer that, 17 so I will -- 18 MR. RAGOMO: It is just -- if you want 19 to. If not, it is not a problem for me looking back 20 and forth. 21 MS. McCLAIN: No, no, no. It is quite 22 all right. It is quite all right. 23 MR. RAGOMO: Thank you. 24 MS. McCLAIN: I know it can be 25 difficult when you only have one -- if you are only Rita Gardner ~ Court Reporter ~ (908) 319-1195 5 1 working from one screen. 2 MR. RAGOMO: Yes. Thank you. I 3 greatly appreciate it. 4 MS. McCLAIN: So what I am showing here 5 are the recent contracts from fourth quarter 2021 6 through current. Just comparing -- 7 MR. BRYANT: Jeffe, the fourth quarter 8 of 2020. 9 MS. McCLAIN: Oh, I am sorry. 10 2020. Fourth quarter 2020 to 2021. 11 And you can see here that we are 12 providing kind of a comparison of the main topics, 13 right, where we are still discussing and some areas 14 that have been important to the Union, as well as 15 the Company. As you can see here, the Company's 16 offer is laid out in the first column and then 17 comparing with the Paulsboro IOW at the lube plant 18 and the Olathe lube plant, and then the Baytown 19 Refinery. 20 And so the first row is talking about 21 time off for birth of a child. Birth, or adoption 22 that should say, of a child. And again, this is -- 23 you know, what I am trying to point out here is 24 Clinton -- our contract, our offer is consistent 25 with the rest of the circuit and even provides Rita Gardner ~ Court Reporter ~ (908) 319-1195 6 1 additional, you know, benefits to our employees that 2 other sites don't have. And so, you know, we are -- 3 when we look at the offer, even the current offer, 4 you know, that has been on the table since 2021 and 5 the current offer that we just gave, it provides the 6 highest 2021, right, bargained economics if you 7 ratify it with the most total cash here, if you look 8 at the wages, the ratification bonus, plus all of 9 the things in the other offers, because you can see 10 that some folks have gotten zero increases. Other 11 folks have ratified less. Some have ratified more 12 annual increases, but no ratification bonus. 13 And so when you take into account, you 14 know, our offer, it is still on the higher end. And 15 actually, what we consider these four other -- 16 sorry, three, contracts have been ratified, it 17 provides the most total cash in the circuit of the 18 recently approved contracts and ratified contracts. 19 I don't think it is without fail -- I 20 don't want to fail for us to recognize that, you 21 know, having a guaranteed wage increase into the 22 future is really important for folks and our offer 23 continues to do that. 24 We think that this is appropriate given 25 the current needs of the business, as well as Rita Gardner ~ Court Reporter ~ (908) 319-1195 7 1 addressing the needs of the employees. Having a 2 contract that addresses clarity on the use of 3 contractors, you know, provides time off for child 4 birth and adoption. That is consistent. And 5 clarity of the 12-hour shift. As you can see, other 6 sites, you know, and what we have with personal 7 time, other sites really don't stack up to what we 8 have here in Clinton. 9 And so just trying to provide a bit of 10 perspective for us. I know that, you know, you have 11 your perspective, but I wanted to provide the 12 Company's perspective as to why this offer is, you 13 know, a good one, where we have less disruption and 14 uncertainty for employees in Clinton for the future. 15 We are consistent with what we have been doing in 16 terms of personal time, in terms of, you know, child 17 birth and adoption. Like I said, we are giving meal 18 increases, shoe allowance increases, you know, 19 guaranteed increases for the next three years, and 20 the ratification bonus is there despite -- and has 21 been there for three years, right, despite being a 22 short-term incentive. 23 So with all that, I just wanted to make 24 sure that we were sharing with you our perspective, 25 you know, on why this offer is really a good one for Rita Gardner ~ Court Reporter ~ (908) 319-1195 8 1 our employees to consider and, you know, because 2 they are being treated fairly with -- and 3 consistently with all ExxonMobil employees when it 4 comes to benefits. It provides guaranteed 5 increases. It has a ratification bonus still in it 6 after three years. And it provides clarity 7 regarding the use of contractors, which was an 8 issue, right, that we need to clarify. 9 MR. RAGOMO: JeffeLee, if I may, it 10 almost sounds as though you are trying to convince 11 yourself that this is fair. 12 I gave you the opportunity, just give 13 me the opportunity. 14 MS. McCLAIN: Uh-huh. 15 MR. RAGOMO: It sounds as though you 16 are trying to convince yourself that this is a 17 wonderful proposal. I just want to point out, 18 specifically regarding to the personal time. I 19 know, matter of fact, when we did our visit to 20 Clinton, coming up from Paulsboro, one of the 21 supervisors was very quick to point out when 22 somebody made mention of, "Well, what if I get a 23 flat tire on the way there and I am two hours and" 24 -- she jumped up immediately and said, "Well, no, 25 you will make those hours up then. There is no -- Rita Gardner ~ Court Reporter ~ (908) 319-1195 9 1 none of that personal time is afforded to bargaining 2 member units." 3 I even went as far as when the Company 4 was giving the 40 hours of when we first went into 5 the whole COVID time and if we needed something and 6 this, that, and the other, I approached my 7 supervisor after things had kind of went down and I 8 was considered an essential employee, was doing my 9 due diligence of coming in, checking my temperature, 10 making sure I was keeping people safe around me, and 11 when I made mention of, "Hey, I would like to just 12 take two of those days and kind of clear my head and 13 all that," I was told, "No, you can't have that. 14 That was only for people with children in school and 15 circumstances of that nature." 16 That is a real, real empty argument 17 that you were just giving in terms of how fair you 18 believe this is. I will, again, make a statement 19 of, where this has been going on and you have 20 mentioned multiple times of three years and how you 21 feel it is fair, why not a mediator, if we have not 22 been able to come to some type of conclusion. The 23 Company is still resistant to having any type of 24 mediator come in, and I don't believe you have given 25 a clear or a very good argument as to why not. You Rita Gardner ~ Court Reporter ~ (908) 319-1195 10 1 just say, "Well, we have more talking to do." 2 And your more talking means you want to 3 go backwards. You are telling us that you are going 4 to, in a time of a pandemic for 2020, when every 5 employee in terms of the ILEU, you have deemed us 6 essential, we have been coming in. And now as a 7 thank you for that, you have now removed the 8 retroactive pay to us. 9 So, really? You think this is fair 10 that the -- it is kind of comical, if you ask me. 11 So, please, don't -- I feel insulted a little bit by 12 that whole argument, and I feel as though what the 13 Company is doing down at our Beaumont Refinery, you 14 actually locked people out of their jobs. That is 15 soulless, as far as I am concerned. That is 16 something that this Company and the powers to be 17 will have to answer for, because you are truly just 18 doing it to inflict pain on people. Nothing else. 19 That is all that does and that is extremely 20 unfortunate and it just should -- goes to show what 21 this Company thinks of their employees and how 22 important we really are. 23 So, I will concede back to you. 24 MS. McCLAIN: Sorry, I just saw that -- 25 I am having a bit of an issue. Hang on one second. Rita Gardner ~ Court Reporter ~ (908) 319-1195 11 1 I stopped sharing, right? 2 MR. RAGOMO: Yes. 3 MS. McCLAIN: Okay. Sorry about that. 4 Steve, I understand -- I hear your 5 perspective and understand your position. You know, 6 for at least comments on Beaumont outside of this, 7 given that is a separate site about what is 8 happening there, you know -- 9 MR. RAGOMO: Well, it is -- agreed it 10 is a separate site, but you are giving me three 11 other sites too. You are referring to three other 12 sites also. Why don't you have Beaumont? Why would 13 you not reference Beaumont in this? Why would you 14 only give me these three? Why don't you put 15 Beaumont in there? 16 MS. McCLAIN: These are the ratified 17 ones. These are the ones where employees have 18 ratified, right? So that is why these are here, 19 that these are ratified contracts that employees 20 have accepted here in our State, in Paulsboro, and 21 then the others around the circuit. So that is why 22 I am providing these. 23 Beaumont has not ratified, so, you 24 know, that is why they are not. There are other, 25 you know, groups, I am sure. I don't know all the Rita Gardner ~ Court Reporter ~ (908) 319-1195 12 1 extent of what is going on in the -- with the other 2 groups that are still bargaining, but these are the 3 ones that have been ratified. So just to provide 4 some clarity on that and why Beaumont isn't there. 5 MR. RAGOMO: Well, maybe Beaumont 6 should be there because it is an ongoing 7 negotiations, and it just goes to show how the 8 Company perceives its represented employees and what 9 the Company -- 10 MS. McCLAIN: I disagree. 11 MR. RAGOMO: You can disagree all you 12 want. 13 MS. McCLAIN: I disagree because -- 14 MR. RAGOMO: You can disagree all you 15 want, but when a company turns around and locks out 16 employees and all it is to do is to inflict pain, 17 those people have families. Those people rely on 18 the Company. 19 MS. McCLAIN: I disagree. 20 MR. RAGOMO: You can disagree all you 21 want. Those people are out there and they are 22 sacrificing -- 23 MS. McCLAIN: And this is why I would 24 disagree, and I understand that folks -- 25 MR. RAGOMO: You can -- Rita Gardner ~ Court Reporter ~ (908) 319-1195 13 1 MS. McCLAIN: A lock out is typically 2 the very last resort that any company goes to. 3 MR. RAGOMO: Obviously it wasn't. It 4 wasn't because they implemented it before the time 5 that they said they were going to do it. They 6 started doing it on April 30, when they said they 7 were going to do it on May 1. So therefore -- 8 MS. McCLAIN: I can't speak to exactly 9 what happened in the situation. 10 MR. RAGOMO: I am telling you exactly 11 what happened. And for the Company to do what they 12 did, it is absolutely heartless, and it just goes to 13 show you that you do not -- you take for granted 14 your employees. We are not considered a valuable 15 asset. Not even an asset at all, we are just a 16 liability. 17 MS. McCLAIN: I disagree. You know, 18 when -- offers have been made across the table for 19 -- in our case, right, that the Union could consider 20 and take to a vote at any time, you know, herein 21 Clinton. You know, we have valued our employees by 22 providing, you know, safe and supportive work 23 environments. You know, we have provided, you know, 24 a good working relationship. I mean, we have had 25 several years of many good working relationships to Rita Gardner ~ Court Reporter ~ (908) 319-1195 14 1 work through issues, to listen, to come up with 2 solutions that -- you know, to employee issues. We 3 have done that together, right? So I think -- 4 MR. FREDRIKSEN: Go back to the 5 previous slide. I am not done with that one, yet. 6 Can you go back to the previous slide? 7 MS. McCLAIN: Sure. 8 MR. FREDRIKSEN: I will let you finish, 9 but I am not done with that one, yet. 10 MS. McCLAIN: Sure. 11 At least for us, I think, you know, we 12 have proven time and time again that the Company is 13 very supportive and values our employees in the 14 ways, you know, that we have demonstrated over time. 15 And I would like to keep our conversations -- you 16 know, I am providing here context -- but I can't 17 speak to, you know, the current situation in 18 Beaumont. I don't have that information. 19 MR. RAGOMO: Let's -- the current 20 situation in terms of valuableness and making us 21 competitive, you have removed the seven percent 22 match from every single employee. That is really 23 caring. That is really making us competitive. You 24 have also -- now you have removed the Education 25 Refund, where you are going to tell me about career Rita Gardner ~ Court Reporter ~ (908) 319-1195 15 1 development and how you want to develop people's 2 careers, yet you don't want to educate people. 3 Also, now, you are going to have three 4 zeros in terms of the pay increase because you are 5 sitting -- you are here telling us, "Oh, your wage 6 increases and all," yet, again, I am going to say 7 2020, during a pandemic, when we were deemed 8 essential, you now want to take away that one 9 percent increase that you were willing, "Oh, wow, 10 look at that, one percent increase," you were 11 willing to provide to people that are deemed 12 essential and continuing the business of the Company 13 moving forward. 14 So, really, you care? I don't believe 15 you do. 16 MS. McCLAIN: We are guaranteeing 17 increases for the future. Where no other employees 18 are going to get that. 19 MR. RAGOMO: We -- but I thought it -- 20 you have it in here that Paulsboro has a one and a 21 half, and two. 22 MS. McCLAIN: And Clinton. Right? 23 MR. RAGOMO: And Baytown -- 24 MS. McCLAIN: No one -- 25 MR. RAGOMO: And Baytown you are giving Rita Gardner ~ Court Reporter ~ (908) 319-1195 16 1 two and a half, three. And whatever "me too" means, 2 I am not exactly sure what that terminology may 3 mean, but you are sitting there and saying that you 4 are putting them into the future. You can tell me 5 about the future if you want, but what about working 6 through a pandemic? What about coming in, being 7 deemed essential, working safely, which I believe my 8 membership has done. If you look at the reportables 9 and things like that. 10 MS. McCLAIN: They have. 11 MR. RAGOMO: Absolutely. 12 MS. McCLAIN: They have. 13 MR. RAGOMO: And that is on us. We 14 have. We have. And you know what, let me speak to 15 this a little bit. Since we were deemed essential 16 and we are coming in, that means I have to wake up, 17 I have to drive onto the site. I have to be there. 18 I have to either pack a lunch or buy a lunch and 19 things like that. 20 So therefore, anyone who has been at 21 home for the past year, in my opinion, has received 22 a wage increase. Because let's think about it, your 23 car didn't have to leave your driveway. You could 24 stay right at home. If you wanted to. You don't 25 have to go anywhere. You don't have to come into Rita Gardner ~ Court Reporter ~ (908) 319-1195 17 1 the office. So all those miles you were putting on 2 your car, the gasoline, the upkeep, the clothing, 3 anything you have to do, that is no longer necessary 4 for commuting into work, that is a pay increase as 5 far as I am concerned. 6 So mine, you are giving me a zero, and 7 yet I have done all those things. So that works out 8 to be a negative as far as I am concerned. So when 9 you want to tell me how much the Company has done 10 and how the Company cares, let me ask you, JeffeLee, 11 how many times have you been on-site, the Clinton 12 site, in the past year? 13 MS. McCLAIN: And let me ask you this, 14 how many times did -- 15 MR. RAGOMO: No, no, no. 16 MS. McCLAIN: -- you have to work until 17 1:00 a.m. -- 18 MR. RAGOMO: No, I -- 19 MS. McCLAIN: -- on weekends, and we 20 can go back and forth -- 21 MR. RAGOMO: No, no, no. 22 MS. McCLAIN: -- about the value 23 proposition. 24 MR. RAGOMO: Well, we -- 25 MS. McCLAIN: About our jobs. About Rita Gardner ~ Court Reporter ~ (908) 319-1195 18 1 how we do things differently. 2 MR. RAGOMO: Answer my question. 3 MS. McCLAIN: How I do my job is 4 totally different than yours. I have been on-site. 5 MR. RAGOMO: You don't want to answer 6 the question. See, you will not answer the 7 question. 8 MS. McCLAIN: It is not that I don't 9 want to answer the question. I want to make sure 10 that we are talking about the right things that are 11 meaningful for us. 12 MR. RAGOMO: That is and it is only -- 13 it is only -- 14 MS. McCLAIN: I totally understand that 15 folks have been coming in to work in order to do 16 their job, in order to continue working and keeping 17 the Company and the site operating. Totally agree 18 with that. And totally agree on your perspective 19 that you have got to travel, you have got to, you 20 know, run your car, you have got to do those things, 21 but what you are lacking is the recognition of -- 22 and you asked me specifically of what I am doing, 23 right? 24 MR. RAGOMO: I asked you how many times 25 you have come on-site. That was my question. Rita Gardner ~ Court Reporter ~ (908) 319-1195 19 1 MS. McCLAIN: But you are not asking me 2 the other things of what I am doing as part of my 3 role, right? 4 MR. RAGOMO: Right. You are right. I 5 didn't ask you. I did not -- 6 MS. McCLAIN: -- because of the 7 pandemic, and that is not necessarily a full look in 8 scope. So that is why I am trying to give full 9 perspective. But again -- 10 MR. RAGOMO: You could -- 11 MS. McCLAIN: So I am not going to 12 necessarily say that, especially when we have, and I 13 have come to site and I have been on-site when -- 14 MR. RAGOMO: How many times? 15 MS. McCLAIN: -- it has required it. 16 When my job has required it. 17 MR. RAGOMO: How many times? 18 MS. McCLAIN: Which is what the 19 Governor's order has said, right? 20 MR. RAGOMO: Okay. So let's -- if you 21 want to go -- if you want to go in that direction, 22 then why is it Technicians have been denied to stay 23 at home when they could do work from home in terms 24 of responsibilities that refers to ETQs, that refers 25 to any type of WebCats, that refers to any type of Rita Gardner ~ Court Reporter ~ (908) 319-1195 20 1 data that needs to be worked up. And then they go 2 to a supervisor with a well-thought-out work plan to 3 work from home, and yet they are denied. When you 4 just said it, the Governor's rules. So the Company 5 thumbed their nose at the Governor's rules. 6 MS. McCLAIN: I disagree. 7 MR. RAGOMO: You can disagree, but you 8 are wrong. 9 MS. McCLAIN: -- while on-site -- 10 MR. RAGOMO: You are wrong. 11 MS. McCLAIN: -- while you are doing 12 other things that are happening. 13 MR. RAGOMO: No, no. 14 MS. McCLAIN: It doesn't require that 15 you save up work in order to create -- 16 MR. RAGOMO: There is not saving up -- 17 MS. McCLAIN: -- a work-from-home 18 opportunity. 19 MR. RAGOMO: There is not saving up -- 20 MS. McCLAIN: That is not what the 21 Governor's order says. 22 MR. RAGOMO: The Governor said, "Any 23 work that can be done from home should be done from 24 home." And the Company denied Technicians to do 25 those things. Rita Gardner ~ Court Reporter ~ (908) 319-1195 21 1 MS. McCLAIN: I disagree with that. 2 MR. RAGOMO: You can disagree, but 3 again, I will ask you, how many times have you been 4 on-site in the last year? And also to you, Yuk, I 5 will ask you the same question, how many times have 6 you been on-site in the last year? 7 MS. McCLAIN: How many -- and I will 8 ask you the question in return. How many times have 9 you worked until, you know, well-past midnight, on 10 weekends, you know, in order to address the 11 Company's needs in your specific job? It is not 12 required of you, right? 13 MR. RAGOMO: JeffeLee, you what is 14 required -- 15 MS. McCLAIN: It is not required of 16 you. 17 MR. RAGOMO: What is required of me is 18 I sweat for the Company. I work in extreme heat. I 19 work in extreme cold. I work in positions that you 20 wouldn't want to be found dead in. Okay? So, 21 please, do not try and compare when you are going to 22 tell me that you did not have to leave your home, 23 that those hours -- well, how do I know you didn't 24 start your work day until 4:00 in the afternoon and 25 then you worked until 12:00 at night? Rita Gardner ~ Court Reporter ~ (908) 319-1195 22 1 I stayed on the Clinton site until 9 2 o'clock at night bringing the grease unit online to 3 support our business partners. 4 MS. McCLAIN: We thank you for that. 5 We paid well for that. 6 MR. RAGOMO: I sacrificed my family for 7 certain things to help the Company to get to the 8 position they are in. And the thank you that I 9 received is -- 10 MS. McCLAIN: Oh me, our sacrifices. 11 MR. RAGOMO: -- what, you want to give 12 us a zero for a pandemic year. I find that 13 appalling. 14 MS. McCLAIN: And where we are, again, 15 with this offer is consistent with needing a 16 go-forward agreement and addressing a go-forward 17 agreement. The offer was on the table, right? You 18 could have been receiving, what? It would have -- 19 if you had ratified it in 2018, this year would have 20 been a 2 percent year. Right? 21 MR. RAGOMO: Sure. At the cost of 22 jobs. 23 MS. McCLAIN: So the offer has been -- 24 has been on the table. You had the opportunity, 25 right, to vote on the agreement? You chose not to. Rita Gardner ~ Court Reporter ~ (908) 319-1195 23 1 The Company can look at its proposals, you know, 2 based on where we are and make adjustments on that 3 and that is what happened, you know. Since you 4 chose not to ratify, we have got to look at whether 5 or not our proposals are meeting our needs and we 6 can make those changes. 7 MR. RAGOMO: Of course. It is only the 8 needs when it suits you. Other companies and 9 corporations that deem their employees essential 10 actually gave them hero's pay. They actually gave 11 them an hourly wage increase. Imagine that? Or a 12 bonus. What does ExxonMobil do? They take away 13 money. That is what they do. That is how they 14 value their employees. 15 MS. McCLAIN: They didn't take away 16 money. 17 MR. RAGOMO: Well, of course they did. 18 MS. McCLAIN: You had the opportunity, 19 you refused to take it. 20 MR. RAGOMO: You can say anything you 21 want to, to make yourself sleep better at night. 22 MS. McCLAIN: I mean that is a fact. 23 MR. RAGOMO: It will not work. It will 24 not work. 25 MS. McCLAIN: It has been on the table. Rita Gardner ~ Court Reporter ~ (908) 319-1195 24 1 MR. RAGOMO: You are part of a company 2 that just does not value its employees. You do not 3 -- when you hurt people economically and you push 4 them out of a job, it is not -- it is -- it does not 5 do well for your soul. It doesn't. 6 MS. McCLAIN: I don't see -- that is 7 not happening here at Clinton. 8 MR. RAGOMO: It most certainly is. You 9 are looking to outsource all of our jobs. You want 10 to contract all of our jobs. You most certainly do. 11 It is spelled out in the language that you put 12 forward. 13 MS. McCLAIN: We want the flexibility 14 to be able to address our needs. 15 MR. RAGOMO: It has nothing to do with 16 flexibility. It has to do with this company just 17 want -- they vilify unions at any step that they 18 can. They want to do away with it so that you can 19 just have contractors and pay them the lower wages 20 that you deem so you can benefit the shareholders 21 and protect your dividend. 22 Excuse me, but Bruce March said it 23 plain and simple, "Protect the dividend." And you 24 are doing that at all cost and you are doing it on 25 the backs of your employees. Those that are Rita Gardner ~ Court Reporter ~ (908) 319-1195 25 1 responsible for the wasted money that was spent are 2 not held accountable. You do it on the backs of 3 your employees and that is wrong. 4 MS. McCLAIN: We have a different 5 perspective about that, right? About the reasons 6 why decisions have been made, you know. So at least 7 here, I think you understand what the Company's 8 perspective is in viewing of this contract. You 9 know, Bruce March is well gone, you know, retired. 10 MR. RAGOMO: Why does it make it -- why 11 does that make his statement any less important? He 12 made those statements whether he is gone or not, 13 that is the mentality of ExxonMobil. 14 MS. McCLAIN: I disagree about -- 15 MR. RAGOMO: Wait, how can -- 16 MS. McCLAIN: We all benefit. We all 17 benefit from the Company doing better and being more 18 prosperous. Right? We all benefit from that. 19 MR. RAGOMO: The Company benefits when 20 the Technicians and everybody that is doing the 21 research that I believe that CEO Woods has said is 22 going to specifically come out of Clinton. He 23 mentioned Clinton. So therefore, it is going to be 24 on the backs of the Technicians, this new technology 25 that is going to advance this company forward. And Rita Gardner ~ Court Reporter ~ (908) 319-1195 26 1 this is how you deem us as being important and how 2 valuable we are? You want the technology, it is 3 coming through us. It is coming through us. It is 4 not going to come through HR. It is going to come 5 through the Technicians. 6 MS. McCLAIN: Everyone is valuable in 7 what they bring to the table, right? There is a 8 thousand people at the site, right? So everyone is 9 doing their part in what they are asked to do, you 10 know -- 11 MR. RAGOMO: Are they? 12 MS. McCLAIN: -- for the Company. 13 MR. RAGOMO: Are they really? I don't 14 know. How many times were you on-site in the last 15 year to actually see it? 16 MS. McCLAIN: I don't think it matters 17 because you are comparing one aspect of what is 18 required for your job and negating the other aspects 19 of what is required for mine. So I don't see this 20 as a valued, you know, point for us to keep going 21 back and forth about. 22 MR. RAGOMO: Well, I think you 23 reiterated multiple times how the Company and how 24 this is a wonderful contract and this -- you would 25 repeat that statement, so I am going to repeat mine. Rita Gardner ~ Court Reporter ~ (908) 319-1195 27 1 And actually, I am going to go a step further. I 2 bet I can count on one hand the number of times that 3 you have been on-site in the past year. 4 MS. McCLAIN: Likely, yes. 5 MR. RAGOMO: Okay. So you are 6 admitting that you have been on-site less than five 7 times in the past year? 8 MS. McCLAIN: I can't recall exactly, 9 yes. Probably. 10 MR. RAGOMO: Okay. Thank you for -- 11 MS. McCLAIN: It doesn't account for 12 the other -- 13 MR. RAGOMO: Thank you for at least 14 finally admitting to something like that. You 15 finally admitted to something that, yes, you have 16 been on-site for less than five times in the past 17 year. 18 MS. McCLAIN: However, I have also had 19 to work many other places and times. So my -- as my 20 job dictates. Your job dictates that you are at the 21 site because you need to be at the site in order to 22 perform your job duties. 23 MR. RAGOMO: And I don't begrudge that, 24 that is my job. I understand that. 25 MS. McCLAIN: That is all I am pointing Rita Gardner ~ Court Reporter ~ (908) 319-1195 28 1 out. Right? That your job has a different 2 requirement than my job. 3 MR. RAGOMO: That it does. That it 4 does. But I think leadership -- 5 MS. McCLAIN: So it is a moot point to 6 me. That is why I am saying it doesn't really 7 matter what we are talking about. 8 MR. RAGOMO: It does matter because -- 9 because actions speak louder than words. So if 10 leadership -- if the people that are working for you 11 see you coming in and doing the things that you 12 should be doing, they don't necessarily feel as less 13 valued if they see you making the same commitment. 14 If you are not making the same commitment, well then 15 how do you want everybody else to really do it? 16 MS. McCLAIN: -- happened. Right? We 17 have members of management whose jobs require them 18 to be on-site to be there. 19 MR. RAGOMO: Is that right? 20 MS. McCLAIN: So -- 21 MR. RAGOMO: Is that right? Okay. So 22 I guess -- 23 MS. McCLAIN: In any case -- 24 MR. RAGOMO: Let's ask Yuk. Yuk, how 25 many times have -- Rita Gardner ~ Court Reporter ~ (908) 319-1195 29 1 MS. McCLAIN: What is the relevance 2 here about -- what the -- 3 MR. RAGOMO: The relevance is -- 4 MS. McCLAIN: What is the relevance 5 that you are talking about? Is there a proposal 6 that you are making? What -- 7 MR. RAGOMO: I allowed you to speak the 8 whole time about how you think that this contract is 9 good, so I am just responding to all the points you 10 made here, not necessarily putting a proposal in 11 front of you. I am responding to some of the things 12 that you put forward in front of me. So this is 13 just me responding at the time, not putting a 14 proposal. I am just responding to some of the 15 things that you stated in here. Per the one example 16 I gave you is you are going to give us time off, 17 maybe granted with pay. Who gets that? I told you, 18 point-blank, we can't get that. It is not allowed. 19 We are not allowed to work from home. 20 MS. McCLAIN: Per the letter that has 21 been noticed that we have and there -- 22 MR. RAGOMO: You even made -- you know 23 what, you even made a statement that people would 24 save up work to be able to do it from home. So now 25 you are saying that people are shorting the Company Rita Gardner ~ Court Reporter ~ (908) 319-1195 30 1 so they can do things at home? That is a 2 disparaging statement against my members, I believe, 3 that you think so with everything we can do -- I 4 work -- when I run the unit, the grease unit, I 5 don't have an opportunity to sit down and maybe do a 6 WebCats or to do an ETQ. Those are things I could 7 potentially do at home. And to your words, the 8 Governor's orders, "If it is work that could be done 9 from home, it should be done from home." Yet, I 10 have members that were denied that opportunity. 11 Your words. Not mine. 12 MS. McCLAIN: I disagree. 13 MR. RAGOMO: So you want to -- do you 14 want to tell me -- you can disagree all you want. I 15 will prove it to you. I will prove it to you. Do 16 you think I make these things up? I don't make 17 these things up. You do. You made a statement 18 that -- 19 MS. McCLAIN: I did not make anything 20 up. 21 MR. RAGOMO: You made a statement 22 without -- you made a statement without any type of 23 evidence that people were saving work up that -- 24 MS. McCLAIN: I did not say that. 25 MR. RAGOMO: -- they could do from Rita Gardner ~ Court Reporter ~ (908) 319-1195 31 1 home. 2 MS. McCLAIN: -- people were doing 3 that. I said if, if. 4 MR. RAGOMO: That is a big if. 5 MS. McCLAIN: If that is the situation, 6 then -- 7 MR. RAGOMO: That is not the situation. 8 MS. McCLAIN: I said if that was the 9 situation, then the supervisor would say, no, there 10 is an expectation that you are," you know -- if 11 something is running and you can do it safely, that 12 you do work. That you do -- you manage your time at 13 work, right, and not have to save things up. So 14 that is what I said, was if; not that they were 15 doing that or that, you know, folks are, you know, 16 not performing their duties at work. I have never 17 said anything like that. So I fully disagree with 18 you saying that and then attributing that to me. 19 MR. RAGOMO: Well, I think you should 20 then poll your supervisors to find out if any 21 Technicians have requested work-from-home days that 22 they could do the things that they can't always get 23 to in the 9:00 to 5:00, quote/unquote, time frame of 24 doing their job. As I said, I sit down, the ones -- 25 once I find -- Rita Gardner ~ Court Reporter ~ (908) 319-1195 32 1 MS. McCLAIN: Then it is overtime, 2 right, or it is -- what are you -- you know, if they 3 are doing it at home and there is work that can be 4 done in the 9:00 to 5:00, but they are saying they 5 can't get to it in the 9:00 to 5:00, then they -- I 6 am just trying to understand because it didn't -- it 7 didn't come across to me where I was following the 8 logic that -- you are saying there is work that 9 can't be done during the time that you are at the 10 site. And so that work -- you had should come to 11 site in order to do it. And so what happens to the 12 work that needs to be done at the site on that day 13 when you are not there? 14 MR. RAGOMO: Well, it sounds to me 15 then -- 16 MS. McCLAIN: I am just reacting to 17 what you are saying and -- 18 MR. RAGOMO: Okay. 19 MS. McCLAIN: -- and asking for clarity 20 about that, like -- 21 MR. RAGOMO: Well, then I guess the 22 clarity is, I will tell everyone to just stay 23 overtime. They will start working all the overtime 24 to do all those extra things, that is all. So when 25 I work a 12-hour day, I will just stay an extra four Rita Gardner ~ Court Reporter ~ (908) 319-1195 33 1 to do all my ETQs and everything else because when a 2 grease unit fires up, I can't leave it. There are 3 certain things you cannot do in between. 4 MS. McCLAIN: Right. 5 MR. RAGOMO: And plus, I think 6 yesterday -- 7 MS. McCLAIN: I totally understand 8 that. 9 MR. RAGOMO: If I understand correctly, 10 yesterday I had a safety meeting, and my supervisor 11 pointed out, and he actually had a video of a 12 scientist saying that we shouldn't actually be doing 13 multitasking because our brains don't work that way. 14 So therefore, you are telling me it is 15 okay to multitask? I think that is going against a 16 safety protocol. 17 MS. McCLAIN: It depends on what is 18 appropriate for your job with you working with your 19 supervisor to understand that. 20 MR. RAGOMO: But I think you are going 21 against what would be considered a safety issue that 22 you want me to multitask when I was told 23 specifically by a supervisor within a safety meeting 24 that multitasking is really not -- 25 MS. LOUIE: That is not what she is Rita Gardner ~ Court Reporter ~ (908) 319-1195 34 1 saying. Okay? She is just saying that there are 2 certain things that make sense to be done because 3 you started a test and it has got to be put on the 4 shelf. During that time, you are able to have free 5 time to do something else. Right? 6 So, Steve, you are also talking in 7 terms of what you do in the grease unit. I -- I 8 think that you need to, you know, suggest to your 9 members that if they have issues to talk it through 10 with their supervisor and make sure that they have 11 the opportunity to understand how work is to be 12 done. You are speaking somewhat out of turn when 13 you are trying to apply what happens in the grease 14 unit to other parts of your membership. 15 MR. RAGOMO: Okay. Point taken. 16 MS. McCLAIN: All right. 17 Is there anything else? 18 I think we worked through some of this 19 anyway. We talked about some of value proposition 20 just now, you know, in comparing the roles that we 21 have that are different between some of the common 22 things, the common things in our culture. 23 MR. FREDRIKSEN: Can we go back to the 24 slide? I didn't get a chance to talk. 25 MS. McCLAIN: Sure. Rita Gardner ~ Court Reporter ~ (908) 319-1195 35 1 MR. FREDRIKSEN: I have a couple of 2 questions here. Paulsboro IOW, that contract was -- 3 that is a Union that is basically took over for when 4 Mobilab left the site, and I heard they merged with 5 the IOW, correct? 6 MS. McCLAIN: That is your 7 understanding -- they have always had a Union there. 8 I don't know whether or not they were consolidated. 9 MR. FREDRIKSEN: The Mobilab Union had 10 personal time. Are you saying that it is not in 11 their contracts? 12 MS. McCLAIN: That is my understanding. 13 MR. FREDRIKSEN: Can we get a copy of 14 that contract? I have never seen it. Can we? 15 MS. McCLAIN: I will request one as 16 part of your information request. 17 MR. FREDRIKSEN: Thank you. 18 MS. McCLAIN: Sure. 19 MR. FREDRIKSEN: Moving downward. The 20 Company has said that their offer is a wage increase 21 of 1.5, 2 percent, 2.5 percent. 22 I have a question overall, who are you 23 presenting this presentation -- this slide to? Are 24 you presenting this to non-represented employees 25 around the site, like you have in the past? Rita Gardner ~ Court Reporter ~ (908) 319-1195 36 1 MS. McCLAIN: This is for us to, you 2 know, have a conversation with right now. We 3 haven't shared it with anyone. 4 MR. FREDRIKSEN: Is it the Company's 5 intent to share this on the site at large. 6 MS. McCLAIN: It is the Company's -- 7 right now we are sharing it with you. 8 MR. FREDRIKSEN: Correct. Answer the 9 question, please. 10 MS. McCLAIN: I am just saying right 11 now we don't know if we are going to use it or not 12 use it. I am -- you know, we are sharing it with 13 you right now. 14 MR. FREDRIKSEN: I think you should 15 represent -- you should make a correction then, you 16 should represent your wage proposal accurately to 17 include three zeros. The contract negotiation 18 period was from 2018 until now. The Company hasn't 19 proposed any wage increases for those years, 2018, 20 2019, and 2020. 21 MS. McCLAIN: They were offered on the 22 table since then. 23 MR. FREDRIKSEN: And the Union had 24 offers on the table too, and the Company declined to 25 take advantage of those offers. Rita Gardner ~ Court Reporter ~ (908) 319-1195 37 1 MS. McCLAIN: It is not for the Company 2 to accept the Union's offer. It is for the Union to 3 ratify a vote on the Company and Union-agreed 4 negotiated offer, right? 5 MR. FREDRIKSEN: I disagree. I think 6 that you have a problematic philosophy on how 7 contract negotiations are supposed go through. This 8 is a collaborative process, JeffeLee. You have just 9 as much opportunity to accept the Union's offer as 10 the Union has the opportunity to accept the 11 Company's offer. 12 MS. McCLAIN: However, you know too, in 13 my view, right, like I have said before, there were 14 wage increases throughout all of the years. So -- 15 but your recommendation is what? 16 MR. FREDRIKSEN: To represent this 17 accurately. 18 MS. McCLAIN: In what way? 19 MR. FREDRIKSEN: Wage increases of zero 20 percent, zero percent, zero, 1.5 percent, 2 percent, 21 2.5 percent. That would be an accurate 22 representation of the Company's current offer. 23 MS. McCLAIN: I disagree with that. 24 MR. FREDRIKSEN: So you are offering us 25 wage increases retroactive to 2018? Rita Gardner ~ Court Reporter ~ (908) 319-1195 38 1 MS. McCLAIN: No, we are not. 2 MS. LOUIE: She is saying that this is 3 the current offer. 4 MR. FREDRIKSEN: That is right. 5 MS. LOUIE: This is the current offer. 6 There is no other current offer. This is the 7 current offer. 8 MR. FREDRIKSEN: I understand that, 9 Yuk. The Company's current offer -- 10 MS. McCLAIN: That fact that you didn't 11 agree with, you know -- the negotiations have been 12 ongoing and we have not had a ratified contract, it 13 has resulted in zeros for '18, '19 and '20. 14 However, it doesn't negate the fact that the Company 15 has had an offer on the table with wage increases 16 for those years and those offers were not ratified. 17 MR. FREDRIKSEN: How about a bullet 18 point then that says -- 19 MS. McCLAIN: -- appropriately. 20 MR. FREDRIKSEN: How about a bullet 21 point then that says, "Company withdrew wage offers 22 for 2018, 2019, and 2020?" How about that? 23 MS. McCLAIN: The Company never 24 withdrew the wage offers. 25 MR. FREDRIKSEN: Oh, okay. Then -- Rita Gardner ~ Court Reporter ~ (908) 319-1195 39 1 MS. McCLAIN: They were on the table. 2 This is the current offer. 3 MR. FREDRIKSEN: One percent back to 4 2018 then. 5 MS. McCLAIN: You chose not to accept 6 that offer, right? This is the offer that is on the 7 table now. 8 MR. FREDRIKSEN: The Company withdrew 9 the wage offer for 2018, 2019, and 2020. If you are 10 telling me that they didn't, then that means that we 11 can get a one percent wage increase for 2020. One 12 percent for 2018. One percent for 2019. And 1.5 13 percent. 14 MS. McCLAIN: No, Tom, what I am saying 15 is -- 16 MS. LOUIE: No, Tom. 17 MS. McCLAIN: -- at that time -- at that 18 time, right, we have had an offer on the table in 19 2018, in 2019, in 2020 that were not ratified. Our 20 current 2021 offer is this. 21 MR. FREDRIKSEN: So you didn't withdraw 22 those offers? 23 MS. LOUIE: Tom, this is the current 24 offer. 25 MS. McCLAIN: This is the current Rita Gardner ~ Court Reporter ~ (908) 319-1195 40 1 offer. This is the current offer that is on the 2 table starting in 2021. 3 MR. FREDRIKSEN: So you are 4 misrepresenting it. That is fine. 5 So moving forward, the "Overall Company 6 Gains," you have only two there, so am I to take 7 this to believe that the other tentative agreements, 8 including the Company's C-3 have been withdrawn by 9 the Company? 10 A. No. They are not. Our Company 11 tentative agreements are there. 12 MR. FREDRIKSEN: So the Company doesn't 13 value it in any way, so can we safely say that it 14 has been withdrawn by the Company? 15 MS. McCLAIN: No, we have said that our 16 -- we are not enumerating every single thing that 17 has been in any of these contracts. 18 MR. FREDRIKSEN: But you are using this 19 slide to -- to propose a narrative that is that the 20 Company's not gaining much and the Company is giving 21 a lot more. And I take exception with that. 22 MS. McCLAIN: So what is that you would 23 -- and you are saying what? 24 MS. LOUIE: Tom, this is just a 25 comparison. It is just a line-by-line comparison Rita Gardner ~ Court Reporter ~ (908) 319-1195 41 1 relative to other sites. It is not intended to 2 enumerate what our current proposal is because we 3 gave our current proposal. 4 MR. FREDRIKSEN: Please don't treat me 5 like I am an idiot, Yuk. Please don't treat me like 6 an idiot, JeffeLee. 7 MS. LOUIE: I am sorry, but you are 8 just trying to read into word in a PowerPoint 9 presentation that we are trying to show you the 10 relative comparisons. Okay? 11 MR. FREDRIKSEN: Sure. 12 MS. LOUIE: Let's treat each other 13 professionally then, okay? 14 MR. FREDRIKSEN: I am treating you 15 professionally and I am treating you as smarter than 16 you are letting on. I know exactly what you are 17 doing, and I know how this is organized, and I know 18 that this is organized in a very deliberate manner. 19 Okay? The Company, the "Overall Company Gives" has 20 five bullet points. The "Overall Company Gains" has 21 two bullet points. 22 That only says one thing to somebody, 23 is that the Company is giving more than it is 24 gaining. The Company is neglecting to include all 25 of the different things that they are gaining and Rita Gardner ~ Court Reporter ~ (908) 319-1195 42 1 they are doing that intentionally. And a part of 2 that I can only assume to mean, to be that they have 3 either forgotten it, they don't value it very much 4 or that they intentionally excluded it. 5 MS. McCLAIN: No, it is simply in order 6 to give a comparison for us to have a conversation. 7 So you are saying C-3 is missing from the Company? 8 MR. FREDRIKSEN: I think you should 9 include everything the Company is gaining with the 10 offer, and C-3 is the only one that I can remember 11 off the top of my head right now, but you should go 12 back and take another look. That is my 13 recommendation. 14 MS. McCLAIN: Okay. All right. 15 Anything else? 16 MR. FREDRIKSEN: So just the request 17 for the IOW contracts and -- can you give us some 18 more clarity on what it means in the Olathe 19 contract? What does it mean to say "Additional 20 flexibility to use more contractors"? Can you 21 expand on that? 22 MS. McCLAIN: I don't have the -- I can 23 get the exact wording for you. I just know that 24 they updated their contracting language. 25 MR. FREDRIKSEN: Okay. I would be Rita Gardner ~ Court Reporter ~ (908) 319-1195 43 1 interested to see that. Please do. 2 MS. McCLAIN: Okay. 3 MR. FREDRIKSEN: You can move on. 4 MS. McCLAIN: Okay. Again, these were 5 intended for us to have a conversation and you were 6 talking through, you know, common elements of where 7 we work at Clinton and, you know, the safety culture 8 that we have, you know, focusing on long-term career 9 orientation as a company. We value that for our 10 employees. 11 On one side we have got ILEU-specific 12 elements, as well as MPT-specific elements in the 13 value proposition for working at Clinton. 14 You know, you can see here, you know, 15 where we view the benefits of being an ILEU member 16 from how we staff being either a local talent, 17 looking for local talent. We have Clinton-based 18 opportunities, but there are folks who may be 19 interested, and we have had examples of that, where 20 folks have, you know, come forward and made mention 21 that they are interested in moving outside of 22 Clinton and we have made that happen. You know 23 which adds to long-term or supports the long-term 24 career orientation with the Company. 25 Within Clinton, we have had folks, you Rita Gardner ~ Court Reporter ~ (908) 319-1195 44 1 know, continue in long-term careers within the 2 bargaining unit, as well as outside the bargaining 3 unit, when they started with the bargaining unit. 4 You know, we have got similar benefits, 5 you know, that are competitive with our environment 6 and we have provided you that information before. 7 You know, like I said, guaranteed increases for the 8 future three years. You know, pay for work outside 9 an enormous schedule that we talked a little bit 10 about that, me and Steve. But just putting there 11 what the value proposition is for the Union. 12 You know, we talked about personal time 13 on the other page under, you know, the 14 communications and notice that we gave back in 2016. 15 We defined grievance and arbitration process and job 16 security and layoff with a defined severance pay and 17 no cap. Whereas, for MPTs, you know, we are looking 18 for national and international talent. We know 19 there is companywide development opportunities in 20 our location, you know, to direct 21 supervisor/employee relationship. You know 22 merit-based compensation and recognition. We all 23 have talked about this before, supervisor and 24 employee flexibility to determine the work hours and 25 location. And protection from job bumping or Rita Gardner ~ Court Reporter ~ (908) 319-1195 45 1 seniority, but it is at preliminary employment for 2 MPTs. 3 And so, you know, each side is 4 different. Each side has their benefits. And each 5 side has their -- you know, the value proposition 6 that brings, you know, lots of benefits to each 7 employee in each role that provides strong support 8 to the Company, you know, in exchange for these 9 things. And so that is all I wanted to -- you know, 10 we have had this conversation, you know, back and 11 forth, and that is what this slide was intended to 12 spark. 13 MR. FREDRIKSEN: So you have at the top 14 -- I am sorry. I don't want to cut you off. Are 15 you finished? 16 MS. McCLAIN: Yes. 17 MR. FREDRIKSEN: Okay. You have at the 18 top that "Long-term career orientation is a common 19 element between the ILEU and non-represented MPT." 20 MS. McCLAIN: Uh-huh. 21 MR. FREDRIKSEN: The Company's last 22 proposal significantly reduces the opportunities 23 over the scope of the entire bargaining unit for its 24 long-term career orientation by introducing 25 temporary contracting, more flexibility for the Rita Gardner ~ Court Reporter ~ (908) 319-1195 46 1 Company to temporarily contract out Union positions, 2 more flexibility for the Company to outsource jobs, 3 more flexibility for the Company to have permanent 4 contractors. Those are inherently at-will 5 employees. 6 Can you expand on how the Company is 7 furthering their agenda of long-term career 8 orientation with its current proposal? 9 MS. McCLAIN: So I think the current 10 proposal, like I said, makes the site, at least we 11 feel, able to react to changing business needs if 12 necessary. Right now our folks and our intent to 13 have a long-term career orientation isn't changed, 14 right? We want people to, you know, start with the 15 Company, to stay with the Company, and develop and 16 grow and learn. So I don't see how that changes the 17 commitment. 18 It allows the Company flexibility to 19 adjust to business needs, you know, and our business 20 environment. But for me, I -- at least I think it 21 is still a commitment that, you know, for our 22 employees that we want to develop them and have a 23 long-term career orientation. 24 MR. FREDRIKSEN: I won't disagree with 25 you. I will concede that I won't disagree with you Rita Gardner ~ Court Reporter ~ (908) 319-1195 47 1 that the Company does have remaining room in its -- 2 you know, I don't know, but probably in its 3 intention to provide long-term careers to people on 4 the bargaining unit, but that wasn't really my 5 question. 6 My question was how the Company is 7 using its last proposal to further that agenda. Is 8 there anything that expands on that idea of 9 long-term career orientation? If not, I mean, could 10 you also admit that it does the opposite? 11 MS. McCLAIN: So I guess with the 12 proposal -- I am trying to understand what you are 13 meaning, if -- you know, if you can help me 14 understand -- 15 MR. FREDRIKSEN: How about Mechanics? 16 Is there an opportunity for Mechanics moving forward 17 to have a long-term career within ExxonMobil 18 Research and Engineering? 19 MS. McCLAIN: If you are looking at a 20 specific individual, a specific group, you know, 21 with the contracting out proposal and the -- you 22 know, on the language about -- 23 MR. FREDRIKSEN: I am looking at the 24 entire bargaining unit. 25 MS. McCLAIN: -- permanently Rita Gardner ~ Court Reporter ~ (908) 319-1195 48 1 contracting out, right -- I am sorry, what did you 2 say? 3 MR. FREDRIKSEN: I am looking at the 4 entire bargaining unit. I am just trying to break 5 it down to make it easier to discuss. So for 6 example, Mechanics. 7 MS. McCLAIN: So then, if it is the 8 entire bargaining unit that we are looking at, I 9 still say no, you know, the Company hasn't changed 10 its view on a long-term orientation for our 11 employees. It is what we have wanted all along. 12 MR. FREDRIKSEN: So how can that be 13 when the Company is saying that they would like to 14 -- the Company has said in the past that they would 15 like to permanently contract out certain jobs, and 16 the Company's current proposal makes reference to 17 those previous proposals. 18 MS. McCLAIN: Correct. 19 MR. FREDRIKSEN: Some of those jobs 20 include Maintenance and Operations, Mechanics. 21 MS. McCLAIN: And there may be some 22 jobs. There may be some jobs that change with 23 business need that, you know, we won't have a 24 long-term career orientation. But for the majority, 25 for what we think as a company, we would want and Rita Gardner ~ Court Reporter ~ (908) 319-1195 49 1 have a long-term career orientation. 2 You know, our contract -- if that is 3 what you meant, then, yes. 4 MR. FREDRIKSEN: Yes, I agree that it 5 does reduce the opportunities for long-term careers 6 within ExxonMobil. I think that it is unfortunate 7 that you are representing it this way and, you know, 8 if you are going to represent this to our coworkers, 9 it really is -- it is pretty -- it is pretty 10 insulting, to be quite honest, about our -- you 11 know, to misrepresent the positions in bargaining to 12 people like this. It is really unfortunate. 13 MS. McCLAIN: So, I guess what I 14 disagree that we are misrepresenting anything. I 15 think, you know, restating the commitment that we 16 have, the impact of our proposal, like we have just 17 talked about is depending whether or not the Company 18 may make a decision sometime in the future to adjust 19 our business needs. I mean, we -- you know, so I 20 think -- I think we just have different perspectives 21 of looking at it. 22 MR. FREDRIKSEN: I think we have always 23 had different perspectives of looking at it. The 24 Company views employees as, you know, resources, so 25 you view them as chips. They view them as ways to Rita Gardner ~ Court Reporter ~ (908) 319-1195 50 1 keep the business profitable, and that is 2 understandable from a business perspective. But the 3 Union views employees as brothers and sisters. They 4 view them as family members. And when we see that 5 the Company's proposal lessens the overall, you 6 know, representation on-site to keep those people of 7 having stable, long-term careers, to keep them 8 secure in their livelihood and their income. 9 This is why this has been such a -- we 10 have been at such logger heads because the Company's 11 perspective is wildly different from ours. 12 MS. McCLAIN: Uh-huh. 13 MR. FREDRIKSEN: This is why -- this is 14 another reason why Steve has brought up bringing a 15 mediator into the fold many times because we have 16 fundamental, philosophical differences when it comes 17 to understanding what it means to be an employee at 18 ExxonMobil. And I think a mediator, I agree with 19 Steve 100 percent, that a mediator could potentially 20 help us bridge that gap. We haven't tried that yet, 21 and it is unfortunate that we haven't explored all 22 our options. It is especially unfortunate that we 23 weren't given the opportunity to explore all these 24 options before the Company decided declare impasse. 25 I am glad the Company has continued Rita Gardner ~ Court Reporter ~ (908) 319-1195 51 1 bargaining with us and made a counterproposal. But 2 you know, again, their counterproposal was 3 regressive in a lot of ways. And if anything, it 4 even further reduced the opportunity for long-term 5 careers within ExxonMobil with its new language in 6 C2. 7 MS. McCLAIN: Okay. 8 MR. FREDRIKSEN: Do you have anything 9 else? 10 MS. McCLAIN: I didn't have anything 11 else, unless you wanted to go into the -- we have 12 the info requests, I should say. 13 MR. FREDRIKSEN: Before we go into 14 that, yes, Steve do you want to -- 15 MR. RAGOMO: Yes, I just wanted to 16 reiterate what Tom had said regarding the career 17 development in terms of opportunities that the 18 Company does offer. How would it be that if -- and 19 I am going to use Tom's example of Mechanics, that 20 there were opportunities for Mechanics to move up 21 and become Designers; and yet, when the Company saw 22 fit, they backed the Designers that were employees 23 down, back down into a Mechanics role, and they 24 brought in contractors to start doing that job. So 25 you have taken away the career development Rita Gardner ~ Court Reporter ~ (908) 319-1195 52 1 opportunity that was there for the Mechanics and you 2 have outsourced that now to contractors. So the 3 Company is not providing an opportunity for those 4 individuals. Why? 5 MS. McCLAIN: I don't know the exact 6 situations you are talking about, but the Company 7 always has the right to look at our resourcing and, 8 you know, make decisions as to whether or not we are 9 going to keep somebody in a stepped-up position or 10 keep them on tools in the role that they have. So I 11 can't speak to those exact positions. 12 But, you know, we take a look at all 13 the resources and make a decision, you know, based 14 on, you know, where the work is and who is qualified 15 to do it and what we -- and what our needs are and 16 what our options are, but I can't speak to that 17 specific situation right now. I will have to look 18 into it. 19 MR. RAGOMO: Okay. And I will give you 20 an individual. Todd Jacob was doing a job as a 21 Designer and he was backed down so you could bring 22 in a contractor to do the job. And Todd is 23 well-versed at doing the Designer job. He has done 24 it on-site. He has quite a few different 25 responsibilities that he was very well-qualified to Rita Gardner ~ Court Reporter ~ (908) 319-1195 53 1 do as a Designer; and yet, now we have individuals 2 that don't have an understanding of what is going on 3 on the site. They are new. They have to learn it 4 all over again. So there is a loss to the Company 5 there because you have got to retrain people and get 6 them up to snuff, and I don't believe that they will 7 ever be able to do quite the job that an individual 8 who is there and is an employee, they won't be able 9 to do it nearly as well. That is all. 10 MR. FREDRIKSEN: Do you want to take us 11 through the info request? 12 MS. McCLAIN: Yes, we can take you 13 through the info request. 14 Josh, if you would, send it over. 15 (Discussion off the record) 16 MS. McCLAIN: We received the 17 information request that incorporated questions 18 asked during last bargaining, as well as a couple 19 others. And so here is the responses from the 20 Company. 21 Number 1. Please demonstrate financial 22 losses incurred by the Company as a result of being 23 unable or unwilling to perform work off-site. 24 Company response: The Company is not 25 claiming such financial losses at this time. Rita Gardner ~ Court Reporter ~ (908) 319-1195 54 1 Number 2. Please provide a 2 comprehensive list of examples of third parties the 3 Company intends to utilize by its language 4 outsourcing bargaining unit work to the best of the 5 Company's current knowledge and plans. 6 And the Company response: The Company 7 has not decided to utilize third parties for work 8 beyond what is performed now or in the past off-site 9 at this time. 10 Number 3. The Union asked about the 11 chairman's statement regarding assessing (sic) the 12 Savings Plan Match for the Corporation by the end of 13 this year. The Company said that it never made 14 plans to reassess the match at or by any time. The 15 chairman's comments contradict that statement. 16 JeffeLee provided an opinion of what he said. 17 Please follow-up with Mr. Woods directly, if 18 necessary, of the exact status and plans of 19 reassessing the Savings Plan Match by the end of the 20 year. What financial targets are being considered? 21 No opinions, please. 22 The Company response: As we previously 23 communicated, the Management Committee monitors 24 Company performance and the economic environment. 25 There is no formal reassessment date for the Savings Rita Gardner ~ Court Reporter ~ (908) 319-1195 55 1 Plan Match. This can be done at any time. 2 Number 4. When did the Company decide 3 to make LPOs a requirement? Please provide exact 4 dates, evidence of internal discussions reflecting 5 that intent, and any correspondences with the Union 6 reflecting that intent. 7 Company response: Safety is part of 8 everyone's job and always has been a requirement. 9 One of ExxonMobil's select few core company 10 principles also is that nobody gets hurt. The 11 Company believes that all accidents are preventable 12 and we can achieve an accident-free environment. 13 LPS is an approval safety program and is not 14 materially different from any of the other -- any of 15 our previous safety programs, except that LPS (1) 16 provides more structure to things that are already 17 being done, (2) systematically ensures continuous 18 reviews and improvement, and (3) digs deeper and 19 more quickly to determine root causes before they 20 escalate. 21 As part of LPS, an LPO is a tool for 22 observing a work process to determine if the process 23 is being performed according to the Company's safety 24 standards. Employees help determine targeted job 25 tasks, participate in LPOs process, and help Rita Gardner ~ Court Reporter ~ (908) 319-1195 56 1 identify solutions that will resolve potential 2 losses. The processes and standards to be followed 3 and observed are not new under LPS. What is new is 4 that the focus of an LPO is on the work task and not 5 the individual. 6 The Company is not aware of any threats 7 to employees with regards to LPOs or any tools 8 related to LPS. However, LPS is a system that the 9 Company utilizes to assess its processes. If an 10 employee or employees are uncomfortable with 11 performing any of the LPS tools or other related job 12 duties, the Company is willing to provide additional 13 training to those employees. Performing work 14 properly is an expectation of all its employees, 15 which includes participation in LPS. 16 If management determines an employee is 17 trained and qualified to perform a task -- to 18 perform any task related to their job duties, the 19 Company is expecting -- the employee is expected to 20 perform that task. If an adequately trained and 21 qualified employee fails to perform a task required 22 by a supervisor in any aspect related to that 23 employee's job, the employee is subject to 24 disciplinary action per Article XXVII, 27, Section 25 3. Rita Gardner ~ Court Reporter ~ (908) 319-1195 57 1 Number 5. What, if any, studies has 2 the Company conducted in the past 12 months, or is 3 currently conducting, regarding moving any 4 bargaining unit work off-site? Please provide the 5 status of ongoing studies and the results of 6 completed studies. 7 The Company response: The Company 8 continuously evaluates our operations and work 9 processes. There are studies underway looking at 10 aspects of work at the Clinton site, and outsourcing 11 is something we are evaluating. One such study is 12 the Lubricants Technology Labs Optimization study. 13 The study is ongoing, and no decisions have been 14 made. 15 Number 6. JeffeLee responded that 16 there are no plans to outsource the entire 17 bargaining unit. Are there plans to outsource any 18 specific portion of the bargaining unit? What are 19 those plans? 20 The Company response: Which is the 21 same as Number 5. The Company continuously 22 evaluates our operations and work processes. There 23 are studies underway looking at aspects of work at 24 the Clinton site, and outsourcing is something that 25 we are evaluating. One such studies the Lubricants Rita Gardner ~ Court Reporter ~ (908) 319-1195 58 1 Technology Labs Optimization study. The study is 2 ongoing, and no decisions have been made. 3 Number 7. What has changed regarding 4 the Company's ability to pay a 1 percent wage 5 increase to the bargaining unit back to June 1, 6 2020, since October 1, when the Company declared 7 that it was at impasse and had no more proposals to 8 make? JeffeLee gave an opinion, but stated she 9 would follow-up. 10 The Company response: A lot has 11 changed. We did not reach an agreement and we 12 continue to be in a challenging business 13 environment. The Company included some 14 retroactivity to June 1, 2020 in our offers 15 beginning June 23, 2020, in hopes that we would 16 reach an agreement in 2020. 17 Number 8. Please provide market data 18 the Company has claimed to have justifying the Auto 19 Mechanics starting pay. 20 The Company response: This information 21 was previously provided in response to an ILEU 22 informational request dated September 11, 2020. 23 Based on the understanding that the ILEU will abide 24 by the terms of our most recently executed 25 confidentiality agreement, Remainder of response redacted Rita Gardner ~ Court Reporter ~ (908) 319-1195 59 1 2 3 4 Remainder of response redacted 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 MR. FREDRIKSEN: Okay. I have some 24 questions. 25 MS. McCLAIN: Sure. Rita Gardner ~ Court Reporter ~ (908) 319-1195 60 1 MR. FREDRIKSEN: I would like you to 2 tell me -- give me one reason why -- give me any 3 reasons you can provide as to why I shouldn't file 4 an unfair labor practice for the Company, one, 5 refusing to supply us with the information we are 6 requesting; or two, making -- and two, making a 7 unilateral change to our working conditions by 8 enforcing LPO as a job requirement without 9 bargaining with the Union. 10 MS. McCLAIN: Sorry? You are asking 11 for a reason why you shouldn't file an ULP specific 12 to LPS or was that -- 13 MR. FREDRIKSEN: Yes. 14 MS. McCLAIN: You are saying -- 15 MR. FREDRIKSEN: So the Company is not 16 answering our requests. We have tried three times 17 now. This is the third time that the Company has 18 refused to answer our request. 19 MS. McCLAIN: I think we have answered 20 the request, is that it has always been, you know, 21 participating in safety has always been part of our 22 jobs. 23 MR. FREDRIKSEN: LPO is a process. It 24 is a safety process. It is a specific process with 25 specifically outlined tasks and responsibilities Rita Gardner ~ Court Reporter ~ (908) 319-1195 61 1 associated with it. 2 Making that part of our jobs was never 3 discussed as a requirement. In fact, JeffeLee, the 4 Company has responded in the past, multiple times, 5 that it is not a requirement for employees on-site 6 to conduct LPOs. As recently as the third day of 7 bargaining, this was a response from Kathy Edwards, 8 she said, "It is not a requirement for employees." 9 And previous to that, when the Company 10 launched "Focus LPS," the Company said it is not 11 required from the beginning, either giving or 12 receiving LPOs. The Company never changed or 13 updated that. The Company never notified the Union 14 of its intent to change that status. And the 15 Company is now also refusing to supply the Union 16 with information as to when they did make that 17 change. 18 So again, I am going to have to 19 emphasize that this is pretty important on how you 20 answer. I would like a reason as to not to file an 21 unfair labor practice for those two reasons. 22 MS. McCLAIN: At least, you know, from 23 my standpoint, you know, we have worked together 24 with LPS, I mean, nobody has been, you know, 25 disciplined or threatened. I mean, we work with Rita Gardner ~ Court Reporter ~ (908) 319-1195 62 1 employees on, you know, doing LPOs. Some employees 2 do them. When an employee has a problem or an 3 issue, we just sit down, we talk. It is retraining. 4 I mean, this is -- this has been, you know, an 5 ongoing, you know, function of the role. 6 So, you know, whether or not you choose 7 to file an ULP, you know, I would think that it is 8 not necessary, but I can't tell you what to do. 9 But, you know, our view is that this is an 10 expectation of the role. 11 MR. FREDRIKSEN: Okay. I will take 12 care of that today. 13 Number 5. What, if any, studies has 14 the Company conducted in the past 12 months? The 15 Company describes the Lubricants Technology Labs 16 Optimization study. Can you expand on that? What 17 is the scope of that study? Are they -- what are 18 they looking at in that study? 19 MS. McCLAIN: So Lubricants Technology 20 has laboratories all over the world, including 21 operations that are supported here -- the operations 22 in Yuk's organization supports the work that they 23 are doing. And so they are simply looking at, you 24 know, their work process around the globe. So, it 25 is ongoing and no decisions have been made. Rita Gardner ~ Court Reporter ~ (908) 319-1195 63 1 MR. FREDRIKSEN: So is it about tests? 2 Is it about personnel? What is it about? 3 MS. McCLAIN: My understanding, you 4 know, from around a globe, they are simply looking 5 at what is the best utilization of all of their 6 labs. How are they operating? Are there better 7 ways to become more efficient? So they are looking 8 at a whole bunch of things around the globe, and 9 Clinton is just -- the support out of Clinton is 10 just part of that. 11 MR. FREDRIKSEN: Okay. Number 7. The 12 Company says they continue to be in a challenging 13 business environment. 14 What is a "challenging business 15 environment"? 16 MS. McCLAIN: I think, you know, I 17 would have thought it would be obvious to us, right, 18 like this current environment where we are asked to, 19 you know, manage our businesses in order to, you 20 know, adjust to market conditions and -- 21 MR. FREDRIKSEN: So is it about the 22 Company's earnings? 23 MS. McCLAIN: I mean, that is one of 24 them. Sure. I mean, there are many factors. 25 MR. FREDRIKSEN: Did you see the Rita Gardner ~ Court Reporter ~ (908) 319-1195 64 1 earnings report for the first quarter? 2 MS. McCLAIN: I did. 3 MR. FREDRIKSEN: Can you expand on how 4 that went? 5 MS. McCLAIN: What do you mean? 6 MR. FREDRIKSEN: How did it go? How 7 did the first quarterly earnings report for 8 ExxonMobil go? 9 MS. McCLAIN: I think it was pretty 10 balanced, right, I mean -- you heard it, just as I 11 did. 12 MR. RAGOMO: I didn't. I didn't hear 13 it. I didn't hear it. 14 MS. McCLAIN: I can share -- I can 15 share -- I think I can share a link to it if you 16 would like and you can look at it, you know. During 17 caucus, I think Vijay's e-mail that goes out every 18 Friday also shared information about it, too. 19 MR. FREDRIKSEN: JeffeLee, it has been 20 the Company's position for as long as it has been 21 bargaining with this Union, going back to forever, 22 that it has always been in a challenging business 23 environment. 24 I work at a challenging job, but just 25 because it is challenging doesn't mean that I should Rita Gardner ~ Court Reporter ~ (908) 319-1195 65 1 go out and find another job. 2 Now, the reason why I am saying that is 3 because it is a statement that really has no meaning 4 and in the context of this, I believe what you are 5 saying is that the Company is still doing badly, but 6 in fact the earnings report came out quite good. 7 The Company managed to pay its full dividend and the 8 Company managed to also make, I believe, almost $3 9 billion in earnings. Is that correct? Correct me 10 if I am wrong on anything I have just said. 11 MS. McCLAIN: I mean, that is correct. 12 I mean, the first quarter results, you know, were, 13 like you said, one of the first in over three 14 quarters that we have posted a positive in earnings. 15 You know, what they said was -- it was a result of 16 you know, changing commodity prices, as well as our 17 focus on cost reduction. 18 You know, we are on the right path, but 19 to me, our -- you know, it also shared that our cash 20 profile included, you know, $63 billion in debt and 21 that we needed to continue to do what we can to 22 minimize, you know, what we spend and still be in a 23 -- you know, in the position, the challenged 24 position that we are, we still need to focus on our 25 costs. Rita Gardner ~ Court Reporter ~ (908) 319-1195 66 1 MR. FREDRIKSEN: JeffeLee, how much -- 2 can you tell me what the difference between a 3 million dollars and a billion dollars is? 4 MS. McCLAIN: What are you getting at? 5 MR. FREDRIKSEN: It is about a billion 6 dollars. JeffeLee, you are saying the Company -- 7 you are admitting the Company earned $2.7 billion in 8 the last quarter. You are saying that the Company 9 is still $63 billion in debt. And you are saying 10 that somehow I am expected to believe that removing 11 a 1 percent retroactive wage increase to about 200 12 people is expected to help with that. How much 13 money is the Company saving by reducing its wage 14 offer and removing the 1 percent retroactive wage 15 increase? And if you don't know, you can follow-up. 16 MS. McCLAIN: Okay. 17 MR. FREDRIKSEN: So the Company has 18 Number 8. You gave me some data about the Auto 19 Mechanics. And you are saying that the data says 20 that this is the annual for employees with five 21 years of service for Clinton, New Jersey. 22 That means that this data was taken in 23 the area, this is an area-based set of data for only 24 Clinton? You have $60,000 or is this including more 25 areas? So I think, I would read that, it is being Rita Gardner ~ Court Reporter ~ (908) 319-1195 67 1 given for us. This is the same wage survey that we 2 provided in the past, right? And so there is New 3 Jersey components, as well as regional components. 4 That is what that Clinton means that, you know, we 5 requested this information and they are providing it 6 to us. 7 MR. FREDRIKSEN: So how does this 8 justify the lower starting pay? 9 MS. McCLAIN: I think our pay is 10 consistent with these numbers. 11 MR. FREDRIKSEN: This doesn't say 12 anything about levels or -- this has one level, and 13 you are saying it is the five-year median level, is 14 that right? Is that what this is? 15 MS. McCLAIN: Uh-huh. 16 MR. FREDRIKSEN: So it is the five-year 17 median level at $60,000 and this is the median pay 18 for all of the different five-year levels that were 19 used to conduct the wage survey. So this doesn't 20 say anything about the starting pay. It doesn't say 21 anything about how it was capped out. It just has 22 the median pay. 23 And, you know, I really don't -- I 24 think this is only -- this is kind of missing the 25 point of the information request, which was that the Rita Gardner ~ Court Reporter ~ (908) 319-1195 68 1 Company proposed a lower starting rate of pay for 2 the Auto Mechanics, but really wasn't able to 3 provide any reason for that or any show that that is 4 even a competitive rate of pay. 5 I am not saying that you are not 6 answering the question as best as you can, but I am 7 saying that this does not justify a lower starting 8 pay. Because it doesn't have anything to do with -- 9 it doesn't show anything about -- you know, it is 10 not comprehensive in terms of showing levels of 11 experience like, you know, how the T1, T2, T3, T4 12 wage survey, you know, was able to speak to some of 13 that. 14 MS. McCLAIN: Right. And this is the 15 only -- 16 MR. FREDRIKSEN: This is what you have. 17 I understand. 18 MS. McCLAIN: -- that we have. 19 MR. FREDRIKSEN: Did you ever manage to 20 get the 2020 wage survey that we previously 21 requested and you said you would give us? 22 MS. McCLAIN: I thought that we 23 provided -- we will have to take a look, but I 24 thought we provided that last -- in September when 25 you requested that. You requested the -- Rita Gardner ~ Court Reporter ~ (908) 319-1195 69 1 MR. FREDRIKSEN: September? 2 MS. McCLAIN: Right? You requested the 3 -- what we put in, right? The information that we 4 sent in and the information that, you know, the 5 Company -- 6 MR. FREDRIKSEN: The Towers & Willis -- 7 MS. McCLAIN: Yes. 8 MR. FREDRIKSEN: I didn't know that 9 there was a 2020 wage survey until like two weeks 10 ago. 11 MS. McCLAIN: Well, we didn't -- we 12 have maintained and we have always said that we have 13 not utilized any other information other than 2017 14 when we started this. Right? We have put in 15 information from, you know, Sharp. 16 MR. FREDRIKSEN: But you said you would 17 give it to us. So now you are saying that you are 18 not going to provide the 2020 wage survey results? 19 MS. McCLAIN: No. What is -- okay. So 20 you are asking for the 2020 wage survey results, and 21 we have not utilized any information since 2017, but 22 that is what you are asking for. I thought you were 23 asking for what we had already given you, which was 24 the information -- and Josh, you can correct me if I 25 am wrong -- that we had given for -- I thought it Rita Gardner ~ Court Reporter ~ (908) 319-1195 70 1 was 2018, 2019 and 2020 that the Company submitted 2 to Willis Towers Watson was your prior request. 3 MR. FREDRIKSEN: No, I am asking for 4 the -- we actually -- it was more comprehensive. It 5 was what they have submitted and the results, 6 because we have looked for -- we have looked at both 7 of those things in the past. So we want the full 8 information, preferably the first time this time. 9 If you have it for 2020, you told us you would give 10 it to us. Please do that. 11 MS. McCLAIN: Okay. 12 MR. FREDRIKSEN: I don't have any more 13 questions about the info requests. I will have some 14 more follow-ups because there is still some 15 outstanding aspects from past info requests that I 16 haven't seen reflected in any action taken by the 17 Company. 18 For example, WinShuttle still has a lot 19 of features missing from the contract. And I am 20 hoping this, again, isn't representative of the 21 Company's intent to change our working conditions in 22 another manner. But I still haven't seen any of 23 that reflected and it is becoming more widely 24 adopted now. So it is becoming a bigger problem. 25 MS. McCLAIN: I thought we had -- this Rita Gardner ~ Court Reporter ~ (908) 319-1195 71 1 is the timekeeping one where you had provided -- I 2 am going back to my memory. 3 MS. LOUIE: The WinShuttle program is 4 still in the pilot. 5 MR. FREDRIKSEN: It is being piloted by 6 more people, and they are asking me, "How do I put 7 in my overtime? How do I put in my meal money?" 8 MS. LOUIE: They shouldn't be asking 9 you, they should be asking Joanne Mason or their 10 supervisor. 11 MR. FREDRIKSEN: They are asking me, 12 sorry. 13 MS. LOUIE: It is still a pilot. We 14 know that there are bugs, and so we are continuing 15 to work through it. As we said in our last info 16 request, we are trying for fix the program so that 17 it complies with the CBA. 18 MR. FREDRIKSEN: Thank you. That is 19 all I wanted to hear. 20 MS. LOUIE: That is what we said in the 21 info request. 22 MR. FREDRIKSEN: Again, it is being 23 more widely adopted, more people are seeing it, so 24 more people are having questions. So what I am 25 telling you is that I haven't seen any action. We Rita Gardner ~ Court Reporter ~ (908) 319-1195 72 1 haven't heard any comments. And if your response is 2 that you are still working on it, that is fine, you 3 can just let it go there. We don't have to get 4 nasty. 5 MS. McCLAIN: I guess the confusion was 6 that we are aware of that. We have provided -- we 7 had said we are working on it. It is still -- even 8 though -- I can understand how folks are -- more 9 folks may have question as they are piloting the 10 issue, but know that -- and I hope that you would 11 know that, you know, we said, of course, there is 12 absolutely no change in working conditions. We want 13 everyone to work with their supervisor and 14 timekeeper. Make sure that, you know, we are 15 raising the issues, we are hoping to fix those 16 issues. 17 MR. FREDRIKSEN: Okay. 18 MS. McCLAIN: Okay. 19 MR. FREDRIKSEN: I don't have anything 20 else. I think we should caucus now. 21 Do you have anything else, Steve? 22 MR. RAGOMO: No, not at this time. 23 MS. McCLAIN: All right. 24 MR. FREDRIKSEN: We will let you know 25 when we are ready. Rita Gardner ~ Court Reporter ~ (908) 319-1195 73 1 MS. McCLAIN: Yes. Thank you. 2 (Remote negotiations recessed at 10:35 3 a.m. and resumed at 1:06 p.m.) 4 (Ethan Sebasco was not present for the 5 afternoon session.) 6 MR. FREDRIKSEN: Thank you for getting 7 back together to meet us. Before I get started, 8 does the Company have any follow-ups from this 9 morning? 10 MS. McCLAIN: No. We are still working 11 on the questions that you had. 12 MR. FREDRIKSEN: Okay. I am going to 13 send over a counterproposal and I will take you guys 14 through it. 15 (Discussion off the record) 16 MR. FREDRIKSEN: I am going to take it 17 through from the top. This is the Union 18 Counterproposal dated May 6, 2021. In addition to 19 all previous tentative agreements, the Union 20 counters with the following package. I will update 21 that and send you an updated copy. 22 "Discontinue the United Way Day Off 23 practice in conjunction with an agreement." 24 C1 dated March 14, 2019. No changes to 25 A and B. Rita Gardner ~ Court Reporter ~ (908) 319-1195 74 1 Number 1, C5, we have left our proposal 2 as it is. We believe that it is still fair to the 3 Auto Mechanics that they come in at the starting pay 4 that was originally proposed by the Company. 5 "C2. The Union proposes the following 6 side agreement regarding contracting. The Company 7 may, across all job families, utilize contractors to 8 staff relative the projects, work fluctuations, and 9 other short-term or discreet business needs. The 10 Company may, without objection from the Union for 11 the length of this side agreement, temporarily 12 contract out the following job families: Mechanics, 13 Material and Services Coordinator, Maintenance and 14 Operations, Audio Visual, Graphic Design, Senior 15 Repro Tech, Repro Services Tech Assistant, Services 16 Trainee, Senior Admin. Tech, and Tech Assistant. 17 "For any contractor in these positions, 18 the Company shall be required, as a condition of the 19 contractor's initial and continued service with 20 EMRE, to pay the Union a monthly service fee 21 equivalent to Union Membership dues for the length 22 of their service. All employees currently in these 23 positions will retain their jobs until they retire, 24 are promoted, are terminated according to the 25 provisions of Article 26 and 27, or leave of their Rita Gardner ~ Court Reporter ~ (908) 319-1195 75 1 own accord. The provisions of Article XVIII 2 pertaining to demotions, layoffs, repromotions, and 3 recalling of employees remain in effect." 4 We struck out the paragraph the Company 5 proposed regarding outsourcing. We added the 6 following two paragraphs. 7 "Any time there is additional work, 8 overtime to represented employees, will be the first 9 option considered before bringing in contractors. 10 "Unless there is a continuity issue of 11 the working being done, contractors will only be 12 offered overtime after all qualified represented 13 employees have declined to work the overtime." 14 No change to the notification 15 paragraph. No change to the dispute paragraph. 16 I made the following changes based on 17 the Company's feedback to the arbitration language. 18 "Any arbitrator ruling regarding what 19 positions may be contracted and/or the duration of 20 contracting shall be limited to the terms of the 21 even CBA, past arbitrations involving the ILEU, 22 records of discussion between the ILEU and EMRE 23 management involving contracting, industry 24 standards, and any applicable labor laws and 25 regulations. Rita Gardner ~ Court Reporter ~ (908) 319-1195 76 1 "This agreement remains in effect until 2 the expiration of the CBA, and it may be modified 3 with the mutual consent of the parties hereto." 4 We added another paragraph, which was 5 partially a movement from the first paragraph. 6 "If the contract is ratified by June 7 30, 2021, the Company may continue any contracting 8 of work and/or positions done prior to the date of 9 this letter and the Company is not obligated during 10 the term of this side agreement to replace those 11 contractors with employees. If the contract is not 12 ratified by June 30, 2021, this paragraph shall be 13 removed from the side agreement." 14 We made a change to the second sentence 15 in the first paragraph, which was to remove the 16 proposal that references previous proposals of the 17 Company's. And we think that based on feedback from 18 the Company, our understanding is that the Company 19 would desire C2 to be a comprehensive proposal that 20 makes no outside references and tells the arbitrator 21 exactly what it is that they want to do. 22 So referring to language that we have 23 used in past proposals is counterintuitive to that, 24 so we struck out the language about "for which it 25 has proposed to permanently contract." Rita Gardner ~ Court Reporter ~ (908) 319-1195 77 1 We believe that makes no change to what 2 the Company can do, but this makes it clearer for 3 anybody reading the proposal what it is that they 4 can do. 5 We added the language about the payment 6 to the Union in response to movement that we are 7 making by agreeing to the sentence about the -- by 8 one, making other progress in other areas, and 9 including the sentence about contracting, that is 10 prior to the date of this letter, which is the last 11 sentence in the proposal. 12 We made movement in regards to the 13 arbitration language. We hear what the Company is 14 saying. The Company is interested primarily in 15 providing clarity to an arbitrator on exactly what 16 it is that they can look at in making their ruling 17 on contracting. 18 To this date, the Company hasn't 19 provided any reasoning as to why they want -- you 20 haven't provided any reason why past arbitrations 21 are unclear or why they are un -- you know, 22 undesirous by the Company. So, you know, hearing 23 that the Company's desire is first and foremost 24 clarity, and especially seeing what you gave us this 25 morning, which is a letter of communications that Rita Gardner ~ Court Reporter ~ (908) 319-1195 78 1 you are presumably going to give to non-represented 2 employees, where you highlight that the Company is 3 seek clarity in contracting, we are moving forward 4 to that end and providing you with a proposal that 5 not only lends clarity to an arbitrator, but it does 6 so in a way that the Union finds acceptable. 7 And so that is C2. 8 So I am going to move on. We haven't 9 made any changes to the Savings Plan proposal. So I 10 didn't include the side agreement in the e-mail. It 11 is the same as what we gave you last time. 12 MS. McCLAIN: Understood. 13 MR. FREDRIKSEN: The Educational Refund 14 Program is suspended. This is the Company's 15 proposal. So if in conjunction with the rest of 16 this agreement we would agree that the Company's 17 proposal can be accepted. 18 U-10, wages. We are reproposing 19 retroactivity to June 1, 2020; 1 percent in Year 1; 20 1.5 percent Year 2; 2 percent in Year 3; 7.54 21 percent in Year 4. 22 If the agreement is ratified by the 23 Union, a $5,000 non-benefits bearing payment will be 24 paid. Bonus will be paid to all active employees as 25 of the day, month, and year the agreement is Rita Gardner ~ Court Reporter ~ (908) 319-1195 79 1 ratified. If the agreement is not ratified by the 2 Union by June 30, 3021, the ratification bonus will 3 be reduced to zero dollars. 4 So we are accepting the Company's 5 addition that there is a drop dead date on the 6 ratification bonus, but we are increasing it to 7 $5,000 once again. 8 We believe that the Company is turning 9 a corner. We have faith in Company management that 10 the cost savings overall throughout the Corporation 11 are going to allow this to be not only easy, but 12 also in the Company's best interest to maintain 13 permanent employees and to maintain people for a 14 career. 15 Having wages to look forward to at the 16 end of this four-year period will inspire people, I 17 believe, to help the Company in its immediate goals, 18 to increase productivity, to, you know, find reasons 19 to want to come to work every day, feel that they 20 are valued, and it only helps the Company to have a 21 wage proposal like this. That is our belief. 22 And why inserted retroactivity because 23 the Company is telling us that there is no other 24 reason that they took it off other than the fact 25 that the Union hasn't ratified a deal. So that is Rita Gardner ~ Court Reporter ~ (908) 319-1195 80 1 not particularly sufficient reason in our estimation 2 to remove that, so we put it back in. 3 MS. McCLAIN: We will have to, of 4 course, take a caucus and look through. You know, 5 let me caucus with the team and come back with 6 any... 7 Do you have any other questions from 8 before? I know you said you were going to look at 9 the information request and have us -- 10 MR. FREDRIKSEN: Not at this time. 11 MS. McCLAIN: Thank you. I will text 12 you when we are ready. 13 (Remote negotiations recessed at 1:18 14 p.m. and resumed at 2:16 p.m.) 15 MS. McCLAIN: Thanks for coming back. 16 We have a couple questions on -- on the proposal 17 that the Company -- that the Union sent over. As 18 you had stated, right, most of your changes are on 19 C2. We do recognize and thank you for the tentative 20 agreement on the Ed Refund. So we see that. 21 But these questions are around C2. We 22 kind of read through it, and we couldn't necessarily 23 agree of our interpretation, so always best to come 24 to the source. 25 On C2 where you have language, you Rita Gardner ~ Court Reporter ~ (908) 319-1195 81 1 know, "The Company may, without obligation from the 2 Union for the length of this side agreement, 3 temporarily contract out the following job families: 4 Mechanics, Material and Services Coordinator, 5 Maintenance and Operations, Audio Visual, Graphics 6 Design, Senior Repro Tech, Repro Services Tech 7 Assistant, Services Trainee, Senior Admin. Tech, and 8 Tech Assistant. For any contractor in these 9 positions, the Company shall be required, as a 10 condition of the contractor's initial and continued 11 service with EMRE, to pay the Union a monthly 12 service fee equivalent the Union (sic) dues for the 13 length of their service." 14 Okay. So in that section, just a 15 couple of questions. Where you have "for the length 16 of this side agreement temporarily contract out," 17 that is a change from, you know, where we had 18 "permanently contracted out," that is correct, 19 right? 20 MR. FREDRIKSEN: That is not correct. 21 The Company didn't propose the permanent -- you 22 didn't have a word there that said "permanent." You 23 just said "contract out." So just to add more 24 clarity to what the point of the proposal is, we 25 added the word "temporarily contract out." Rita Gardner ~ Court Reporter ~ (908) 319-1195 82 1 MS. McCLAIN: Oh, okay. I was looking 2 at this part that was crossed out. 3 MR. FREDRIKSEN: Oh, yeah, yeah. "For 4 which it has proposed to permanently contract." 5 Yeah, yeah. 6 MS. McCLAIN: Right. 7 MR. FREDRIKSEN: We crossed that out. 8 MS. McCLAIN: Okay. And so what 9 exactly did you guys mean by that? 10 MR. FREDRIKSEN: Well, again, the 11 language that is in that sentence is referring to 12 previous proposals made by the Company where it 13 defined the words "temporary" and "permanent." The 14 Company has moved away from proposals structured 15 that way. The Company stopped using language like 16 that, and we appreciate that. But for keeping any 17 reference to what has previously been discussed, I 18 think it only serves to make the proposal confusing. 19 MS. McCLAIN: Okay. And then one of my 20 other questions, where you have "for any contractor 21 in these positions, the Company shall be required," 22 that one -- "these positions," which positions are 23 you referring to as "these"? The ones just 24 previous? 25 MR. FREDRIKSEN: Yes. Mechanics, all Rita Gardner ~ Court Reporter ~ (908) 319-1195 83 1 the way up to Tech Assistant. So that section that 2 delineates the positions, quote/unquote, for which 3 the Company has previously proposed to permanently 4 contract, which, you know, we struck that language. 5 Just for clarity in our conversation, we are talking 6 about those positions. "These positions" meaning 7 Mechanics through Tech Assistant. 8 MS. McCLAIN: Okay. And so, you know, 9 for positions not named here, we would not pay this 10 fee? 11 MR. FREDRIKSEN: Correct. 12 MS. McCLAIN: That is correct? 13 MR. FREDRIKSEN: Yes. 14 MS. McCLAIN: Okay. Is there a 15 particular level of dues when you were talking about 16 "to pay the Union monthly service fee equivalent to 17 Union Membership dues"? 18 MR. FREDRIKSEN: Right now, what dues 19 are right now is one hour of your pay per month. So 20 whatever those people's hourly pay is per month. 21 MS. McCLAIN: Thank you for that 22 clarification. With that -- 23 MS. LOUIE: I see a chat from Steve. 24 He said, "Any bargaining unit job." I think there 25 is a discrepancy between what Tom just said and what Rita Gardner ~ Court Reporter ~ (908) 319-1195 84 1 Steve is IM'ing. 2 MR. RAGOMO: My apology, yeah, I am 3 thinking. Isn't that any of the bargaining unit 4 positions referring up top, aren't they all under 5 the bargaining unit positions? 6 MR. FREDRIKSEN: Can we caucus? 7 MR. RAGOMO: Yes, I think we need to 8 caucus, just because I want to make sure that the 9 language is clear on our end, if you don't mind. 10 MS. McCLAIN: Okay. 11 MR. RAGOMO: Thank you. 12 MR. FREDRIKSEN: We will caucus. 13 (Remote negotiations recessed at 2:22 14 p.m. and resumed at 2:27 p.m.) 15 MR. FREDRIKSEN: We are back. Just to 16 reiterate, "for any contractor in these positions," 17 the Company shall be required, that sentence is 18 referring to the preceding contract, the preceding 19 positions beginning with Mechanics and ending with 20 Tech Assistant. Those are the -- those are the 21 contractors of which the Company would be required 22 to pay a service fee to the Union. 23 MS. McCLAIN: Okay. Just one other 24 question. In reading through the arbitrator 25 paragraph here where you have, "Any arbitrator Rita Gardner ~ Court Reporter ~ (908) 319-1195 85 1 ruling regarding what positions may be contracted 2 and/or the duration of contracting shall be limited 3 to the terms of the entire CBA, past arbitrations, 4 records of discussions between ILEU and management." 5 And the rationale for this, you said? 6 MR. FREDRIKSEN: This is to provide 7 clarity, which is what the Company wanted. In the 8 same vein as to what they said, but this is 9 something that the Union is comfortable with. 10 MS. McCLAIN: Okay. All right. 11 And on the language that was moved from 12 up above, and is being the last paragraph. "If the 13 contract is ratified by June 30, the Company may 14 continue any contracting of work and/or positions 15 done prior to the date of this letter and the 16 Company is not obligated during the term of this 17 side agreement to replace those contractors with 18 employees. If a contract is not ratified by June 19 30, this paragraph shall be removed from the side 20 agreement." 21 So my question was, who is removing it? 22 You are saying that you will remove this language 23 if? 24 MR. FREDRIKSEN: If on June 30 we are 25 in tentative agreement with everything -- you know, Rita Gardner ~ Court Reporter ~ (908) 319-1195 86 1 or before June 30, we will take -- so, for example, 2 say the Company agreed to everything today that the 3 Union proposed in its counter proposal. We would 4 take this back to the Membership to vote as soon as 5 we can get the time to do so. If the Company still 6 insists on language that is repugnant to the Union, 7 or repugnant to the NLRA, and we are still 8 bargaining past the date of June 30, then the Union 9 will no longer agree to include this language in its 10 proposal to the Company. We will insist it be 11 removed. 12 MS. McCLAIN: Okay. So for all future 13 -- I think I understand what you mean now. I didn't 14 -- I understand what you mean now. So thank you. 15 Thanks for the clarity on that. Okay. 16 With that, and the answers that you 17 provided to clarify, let me just caucus with the 18 team for a little bit and let you know. Okay. 19 MR. FREDRIKSEN: No problem. 20 (Remote negotiations recessed at 2:32 21 p.m. and resumed at 3:01 p.m.) 22 MS. McCLAIN: Thanks for coming back to 23 the meeting, and we took the time to listen to the 24 responses that you gave us. A couple of things that 25 I wanted to just point out. You know, that since we Rita Gardner ~ Court Reporter ~ (908) 319-1195 87 1 have been talking about -- and I am going to center 2 the conversation right now on the proposals that you 3 have provided in a general way. 4 But for us, you know, we have talked 5 for a while and we have talked about the Company's 6 interests, right, with our proposals and in needing 7 flexibility and clarity. I mean, whenever we talked 8 about the contracting proposals, we have talked 9 about those two things. And so, you know, when we 10 look at that, and that hasn't changed since we 11 started bargaining. 12 And you know, when we are evaluating 13 our proposals, you know, we are looking at whether 14 or not, you know, our intent to deliver immediate 15 cost savings and no future financial obligation and, 16 you know, uniformity of benefits and flexibility in 17 running our business and clarity in how we address 18 issues regarding contracting out, in addition to 19 having a go-forward agreement have all been things 20 that the Company has expressed as our interests. 21 And, you know, even with 22 clarifications, you know, when I look at the 23 proposal that the Union has provided, I don't see 24 how the proposals address those Company interests 25 while also providing and asking for more economics. Rita Gardner ~ Court Reporter ~ (908) 319-1195 88 1 You know, we understand -- we have talked about the 2 Union's position and, you know, how you view the 3 Company's most recent proposal. But I see that with 4 these proposals, you know, we were moving further 5 apart. 6 You know, the Company is comfortable 7 with the proposals that we had on the table and it 8 is -- you know, since April 28. And, you know, in 9 looking, like I said, at the Union's proposals, you 10 know, what you have currently provided doesn't meet 11 the Company's intents. And, you know, so we will be 12 rejecting the Union's counterproposal. 13 You know, I don't think that -- it is 14 coming across to me that the Union is seeing the 15 Company's proposals as just a whim and a will, but 16 we are very serious about negotiating the issues 17 that we are trying to address. We ask that you 18 continue to, you know, respectfully consider, 19 seriously consider them. 20 So with that, we didn't have any other 21 questions. 22 MR. FREDRIKSEN: Do you think that our 23 counterproposal was disrespectful to the Company? 24 MS. McCLAIN: Well, I think -- I don't 25 think it was disrespectful. What I am saying is it Rita Gardner ~ Court Reporter ~ (908) 319-1195 89 1 continues to not address those needs for 2 flexibility, clarity, and, you know, all the other 3 things I just said. 4 MR. FREDRIKSEN: Your needs which do 5 increase at your whim and without any reason. You 6 said that you have no reason for including the 7 outsourcing language. You were not able to provide 8 a use case, nor a limitation, nor were you able to 9 provide a financial reason for having to do it in 10 the form of our information request in your 11 response. 12 The Union, at this time, has prepared 13 an argument from the Company, a single argument as 14 to why they should have that language in there. All 15 you said just said was you took a look at it and you 16 decided to put it in there. So that is why we 17 didn't entertain it because you didn't take us 18 seriously by giving us a serious response. 19 This wasn't meant to be a disrespectful 20 proposal where we just ignored what you said. We 21 heard what you said. But what you said was that you 22 didn't have a reason for putting that in your 23 proposal. 24 Additionally, when it comes to the 25 argument of the fact that the Company -- the Union Rita Gardner ~ Court Reporter ~ (908) 319-1195 90 1 is not meeting your -- you are not meeting your 2 requirements on clarity, can you point to a specific 3 part of the Union's counterproposal that is unclear 4 in any way? 5 MS. McCLAIN: I think it was, at least 6 for us, it was evident that it was unclear in the C2 7 proposal, that is why we had questions about that. 8 We no longer have those questions because you 9 answered our questions. But it also comes from a 10 perspective -- it provides the clarity that you are 11 seeking from your point of view only. And so that, 12 to us, doesn't reflect the clarity that we are 13 seeking. And we have been talking about this -- 14 MR. FREDRIKSEN: The clarity that you 15 are -- 16 MS. McCLAIN: -- back and forth, right? 17 MR. FREDRIKSEN: Clarity is just 18 clarity, JeffeLee. Can you explain to me what the 19 clarity is that the Company is seeking? Can you 20 please be specific? 21 MS. McCLAIN: So we have always been 22 specific about, you know, the roles that we can 23 permanently contract out. You know, the flexibility 24 that we have in using contractors at the site and 25 off-site. Rita Gardner ~ Court Reporter ~ (908) 319-1195 91 1 So we have been clear, and then clear 2 about what arbitrators would look at, you know, in 3 disputes, and clarifying how we address those 4 disputes. 5 MR. FREDRIKSEN: So how are we unclear 6 on any of those things? 7 MS. McCLAIN: -- clear about those. 8 MR. FREDRIKSEN: Aren't we also clear 9 on all those things and how an arbitrator can look 10 at them? 11 MS. McCLAIN: Well, and what I said was 12 it is clarity only from the Union's perspective. It 13 doesn't take into account any of the considerations 14 that we have brought forward. 15 MR. FREDRIKSEN: JeffeLee, clarity is 16 not a subjective assessment. Clarity is an 17 objective assessment. Whether something is clear or 18 not clear has nothing to do with whether you like it 19 or not. You can just say if you don't like it, that 20 you don't like it. But this is very clear. Our 21 proposal is absolutely clear about what an 22 arbitrator can look at. 23 MS. McCLAIN: And I thought that I was 24 clear in saying that, you know, we have no interest 25 in the proposal. Rita Gardner ~ Court Reporter ~ (908) 319-1195 92 1 MR. FREDRIKSEN: So what is the part -- 2 so can you be more specific about what you don't 3 like an arbitrator looking at? Like, what are you 4 saying is in our proposal that you think an 5 arbitrator, for example, should not be able to look 6 at to make a determination in the contracting out? 7 MS. McCLAIN: What I am saying is we -- 8 because what we have talked about throughout 9 bargaining, which is, it should be the side 10 agreement that we have that has language about what 11 we agree to in how contractors are used, and Article 12 VIII, you know, that is our interest. And, you 13 know, you have what we proposed that they look at, 14 you know, from our April 28th proposal. And you 15 have had that for a while. Before then too. So for 16 me, I think what -- the Company's proposals is what 17 an arbitrator should or should not look like has 18 been very clear. 19 MR. FREDRIKSEN: Is it Arbitrator 20 Klein's decision that you don't like, JeffeLee? 21 MS. McCLAIN: I think it is any 22 decision that we feel needs to be addressed. This 23 is what bargaining is for. These are the issues 24 that -- you know, you brought up issues on 25 contracting. We brought up issues on contracting. Rita Gardner ~ Court Reporter ~ (908) 319-1195 93 1 It is not just Arbitrator Klein's decision that we 2 don't like. It is trying to address and recognize 3 all of the issues that we have talked about, you 4 know, during bargaining. And that we would like 5 whatever side agreement, if we come up to a side 6 agreement, would reflect what it is that we are 7 agreeing to you and that would be the basis on which 8 any arbitrator would base the decision. The Article 9 XVIII and what we have worked so hard to come to 10 agreement to or, you know, have worked toward. 11 That is really what we are doing. And 12 for right now, you know, we see the proposal that 13 you have on the table just moving us further apart 14 from what we are saying the Company needs. 15 MR. FREDRIKSEN: How dare you accuse us 16 of moving further part again, JeffeLee, after the 17 counterproposal you gave us last time. This is just 18 unbelievable. 19 By the way, we are not moving further 20 apart. We made multiple concessions in our 21 counterproposal that we were not previously 22 interested in making, that you once again, in your 23 rhetoric, are not reflecting. 24 MS. McCLAIN: That is not true. 25 MR. FREDRIKSEN: So we are offering -- Rita Gardner ~ Court Reporter ~ (908) 319-1195 94 1 MS. McCLAIN: I said thank you very 2 much for the tentative agreement on Educational 3 Refund. I have acknowledged -- 4 MR. FREDRIKSEN: Which again is only 5 part of the package that we are talking about and it 6 is content with the rest of the deal. So it is not 7 a tentative agreement that you can clear out of the 8 package yet. It is part of the comprehensive 9 counterproposal. 10 MS. McCLAIN: Okay. However -- 11 MR. FREDRIKSEN: Just so you are clear 12 on that. 13 MS. McCLAIN: -- I am responding to you 14 saying that I did not acknowledge today, just now, 15 any of the movement that you made. I obviously did. 16 MR. FREDRIKSEN: We also made movement 17 in regards to agreeing to allow you to continue any 18 contracting of work and/or positions done prior to 19 the date of this letter. 20 We also made movement in regards to 21 allowing the Company to annul the ratification bonus 22 if we are still in bargaining past June 30. So I 23 really -- we also used some of your other language 24 about, you know -- we made less, less dramatic 25 changes to the first paragraph and used some of the Rita Gardner ~ Court Reporter ~ (908) 319-1195 95 1 Company's language. Literally, we removed 2 references to past conversations, and you just 3 continue to insist that we reinsert that, but you 4 can't explain why you need it or want it. 5 And now you are telling me that -- you 6 are basically just moving the goal post. You are 7 saying your proposal needs to give you permanent 8 contracting, but what the proposals that the Company 9 has been giving don't say that. It is an agreement 10 for the length of the side agreement. So what -- 11 you are not being clear. You are not helping us, 12 JeffeLee, give you a counterproposal that you like. 13 You are just looking at it and saying no. 14 MS. McCLAIN: I disagree. And what we 15 have been -- again, I disagree that we have been, 16 you know, very clear about what we are interested 17 in. And just like you have done with the language, 18 right, you understand what we have been talking 19 about, right? I mean, you went ahead -- and like I 20 said at the beginning of this, I recognize that we 21 have brought forward a proposal that introduced 22 additional language that you don't like. And, 23 however, we have made, I think clear that we do need 24 to adapt to business changes and that is the reason 25 why that we made that language or interested in that Rita Gardner ~ Court Reporter ~ (908) 319-1195 96 1 language or would like to talk about this language 2 in this current date and time. Right? Things have 3 changed. 4 MR. FREDRIKSEN: What things, JeffeLee? 5 You won't say what the reasons are. You just say 6 things are changing. That is very nebulous. What 7 is the problem? This is so -- JeffeLee, I work for 8 ExxonMobil Research and Engineering. You can't just 9 mess around on things that are wastes of the 10 Company's time and money. You have to identify a 11 problem that needs to be solved. That is a very 12 basic tenant of what we do at this company. You are 13 not identifying a problem that needs to be solved. 14 You are just saying this seems good, let's put it 15 in. What is the problem that you are trying to 16 solve? 17 MS. McCLAIN: I think, for me, when are 18 talking about -- and we have addressed the problems 19 that we were trying to seek in the contracting out 20 and we have talked about use of contractors on and 21 off-site. And this language, again, if we are to be 22 clear about how we use contractors today, that 23 language is necessary to reflect that, and to also 24 address, if there is a business need, that we would 25 remain flexible in using both -- how we have been Rita Gardner ~ Court Reporter ~ (908) 319-1195 97 1 operating today on-site or off-site. That is what 2 we have said. 3 MR. FREDRIKSEN: You are saying you are 4 creating this language. You are using this language 5 to solve a hypothetical problem that doesn't exist. 6 That is what you are telling me. Now I will bring 7 up the fact that the Union used to have, in its C2 8 counterproposals, we had for a long time a sentence 9 that said, "the Company shall not use contracting 10 to" -- I forget the exact language but, "The Company 11 shall not use contracting to try to atrophy the 12 Union by attrition." 13 And the Company said that that wasn't 14 their intent. They didn't want to have it in there 15 because it is a hypothetical and it is already true 16 anyway. So you wouldn't agree to do it. 17 So now you are just doing the same 18 thing back to us, where you are saying we need this 19 thing to solve a hypothetical problem that hasn't 20 come up, and so we are telling you that -- you are 21 telling us that you already had the right to do it, 22 that was your understanding. You are telling us 23 that you believe that without the language you can 24 still do it. That is what you told me. And you are 25 saying, so we just want to have it in there just in Rita Gardner ~ Court Reporter ~ (908) 319-1195 98 1 case something comes up in the future. 2 Do I have everything right there? 3 MS. McCLAIN: Yes. 4 MR. FREDRIKSEN: So how is this fair? 5 How is this fair dealing, JeffeLee? 6 MS. McCLAIN: I don't understand. What 7 you mean how is this fair dealing? 8 MR. FREDRIKSEN: The Company has an 9 obligation under its own rules to deal fairly. You 10 have -- your ExxonMobil standards of business 11 conduct require it. So you are telling me that the 12 Union can't make any proposals that solve 13 hypothetical problems, but the Company can. How is 14 that fair? 15 MS. McCLAIN: I don't -- I don't agree 16 that we said that or that -- 17 MR. FREDRIKSEN: You did say that. 18 MS. McCLAIN: -- this is -- 19 MR. FREDRIKSEN: It is on the 20 transcript. So don't even gaslight me like that. 21 It is in the transcripts. 22 MS. McCLAIN: And I am saying that this 23 is addressing, not just, right, future issues, but 24 it also memorializes how we do business today. So I 25 don't see how it is different than what you are Rita Gardner ~ Court Reporter ~ (908) 319-1195 99 1 saying, or I don't see the argument that you are 2 making because we are, you know -- we didn't 3 preclude you from making proposals about, you know, 4 scenarios on other things that address situations 5 that would happen right now or situations in the 6 future, just like PPTO. Right? I mean that happens 7 now or in the future. So we didn't say no that is 8 not a hypothetical issue. I think -- you know, so I 9 disagree with that. 10 MR. FREDRIKSEN: Will the Company agree 11 to put language in the contract -- in the 12 contracting proposal that protects the Union from 13 being atrophied by attrition, like we have had in 14 the past that you refused on the basis -- on the 15 grounds that it was solving a hypothetical problem? 16 MS. McCLAIN: Again, you know, if there 17 is a counterproposal that you are interested in 18 making, you can put it on the table and the Company 19 will consider. However, again -- 20 MR. STRASSER: We are not going to come 21 begging to you. 22 MR. FREDRIKSEN: He is right. This is 23 what I was talking about earlier. Your philosophy 24 that bargaining is just a situation where we go and 25 we ask you for permission for things is totally Rita Gardner ~ Court Reporter ~ (908) 319-1195 100 1 wrong, and it is bad -- it is the basis of 2 bargaining in bad faith at its core. 3 You are supposed to treat this like it 4 is a give and take. You are supposed to treat this 5 like -- if there is no way that the Company is ever 6 going to compromise on any of it, you are telling me 7 that -- what I am hearing from you is that unless we 8 agree to everything that you are saying, the Company 9 is never going to entertain any of our 10 counterproposals. It needs to have exactly the 11 flexibility and clarity that it wants. It needs to 12 be exactly what it wants or else it is not even 13 going to humor it. Then this is not fair dealing. 14 This is not bargaining in good faith. 15 MS. McCLAIN: I would like to see at 16 which point, at any time, did I make those 17 statements. Of course I didn't. 18 MR. FREDRIKSEN: Yes, you did. You 19 said you need the clarity -- the Company wants, not 20 the clarity the Union wants. 21 MS. McCLAIN: No. What I -- 22 MR. FREDRIKSEN: It needs to be exactly 23 what you want. 24 MS. McCLAIN: No. It is not exactly 25 what we want. We have been very clear is what I Rita Gardner ~ Court Reporter ~ (908) 319-1195 101 1 said about, you know, our needs to have contracting 2 out, language that, you know, meets the Company's 3 needs, as well as, right, the Union's needs. But 4 you know, for the Company to give something, we are 5 also expecting for our needs to be met, not just a 6 one-sided agreement. And so, you know, we are 7 enumerating positions and making commitments to the 8 Union, like I said before. So there is a give and 9 take in the proposal that the Company has on the 10 table. 11 MR. FREDRIKSEN: JeffeLee, what do you 12 think the Company has the right to do without any C2 13 proposal at all? What does Arbitrator Klein's 14 decision mean to? 15 MS. McCLAIN: I mean, I don't see what 16 you are -- 17 MR. FREDRIKSEN: If the Company didn't 18 have C2 at all. If the Union didn't entertain the 19 idea at all and the Company couldn't do it, what 20 would be the letter of the law in terms of what the 21 Company can and can't do in terms of contracting? 22 What would you then be obligated to do or not to do? 23 What does Arbitrator Klein's decision mean to you? 24 Explain that to me. 25 MS. McCLAIN: I can't enumerate every Rita Gardner ~ Court Reporter ~ (908) 319-1195 102 1 letter of the law as to what it is going to say. We 2 would have to give you some sort of legal 3 interpretation and that is not what I am here for. 4 I am here to talk about what the Company is seeking 5 in bargaining, you know, to meet our needs on using 6 contractors. And, you know, this is when we do 7 this, we do this during bargaining, is address the 8 issues that are brought up. So I don't see, you 9 know, where this is -- like I said, what use of a 10 legal interpretation would have. 11 MR. FREDRIKSEN: The point I am making, 12 JeffeLee, is that even by having a counterproposal, 13 you should be thanking us from the bottom of your 14 hearts, because even entertaining most of this stuff 15 in the counterproposal that we have given you is a 16 huge give from the Union to the Company, and you 17 never reflect that. You always just say thanks, but 18 we need more. 19 I believe that our counterproposal also 20 gives the Company a lot of flexibility. It gives 21 the Company way more flexibility than it deserves, 22 according to the way you have conducted yourselves 23 in bargaining. And not just you personally, 24 JeffeLee. It is not a personal attack to you. This 25 is a comment about how the Company has treated Rita Gardner ~ Court Reporter ~ (908) 319-1195 103 1 negotiations from the very first day. 2 On the second day of bargaining, Russ 3 Giglio told us all that if we didn't have everything 4 settled by May 31, that the Company was just going 5 to declare impasse. He really set the tone from 6 that day forward about how this relationship was 7 going to be. 8 MS. McCLAIN: And that is not what we 9 -- 10 MR. FREDRIKSEN: We haven't forgotten 11 that stuff, you know. And the way you conduct 12 yourself, you are representing ExxonMobil, and it is 13 just -- the idea that you think you are holding 14 yourselves to the standards of business conduct in 15 fair dealing is just -- it is just not right. It is 16 not correct. 17 MS. McCLAIN: And I fully and 18 wholeheartedly disagree. Again, we have gone back 19 to that there is a fundamental, you know, gap 20 between your views, the Union's views, and the 21 Company's views -- 22 MR. FREDRIKSEN: How about a mediator? 23 MS. McCLAIN: -- and interests and 24 needs. And so, you know, I think this is -- you 25 know, it continues to show that. Fully disagree, of Rita Gardner ~ Court Reporter ~ (908) 319-1195 104 1 course, for, you know, bargaining in good faith, of 2 course we, you know, are following the ethical -- 3 MR. FREDRIKSEN: You sound like you are 4 an answering machine robot. What about a -- how 5 about a mediator? 6 MS. McCLAIN: Well, no, I am answering 7 you, and I feel like, at least, I don't want to 8 leave those aspersions -- 9 MR. FREDRIKSEN: Those required talking 10 points -- 11 MS. McCLAIN: -- unsaid. No, of 12 course, I am going to say to you and refute what you 13 are saying. I don't think there is a need for us to 14 go through all of that. 15 MR. FREDRIKSEN: How about a mediator, 16 JeffeLee? 17 MS. McCLAIN: We are not interested in 18 a mediator at this time. 19 MR. FREDRIKSEN: Why not? Why not? 20 MS. McCLAIN: We think it is best for 21 the parties to work things out. 22 MR. FREDRIKSEN: You just told me that 23 you think we have a fundamental, philosophical 24 divide. How are we going to work it out, JeffeLee? 25 MS. McCLAIN: Well, hopefully, we can Rita Gardner ~ Court Reporter ~ (908) 319-1195 105 1 work it out. I am hopeful that we can. 2 MR. STRASSER: You are hopeful that we 3 just come begging to you and say, "Yes, yes, sir, we 4 will do what you want. Please have mercy on us." 5 Kiss the ring. "We will do anything you want." 6 That is what the Company wants and that won't 7 happen. There is clear philosophical divide and you 8 refuse to make any effort to bridge it. We have 9 made many, many efforts to do so, and you have not. 10 MS. McCLAIN: We have. 11 MR. STRASSER: I personally don't even 12 think you understand your own proposals or the 13 complaints that you are, making against us. I think 14 you are reading off a talking sheet given to you by 15 someone in Houston. 16 MR. FREDRIKSEN: Or Dallas. 17 MS. McCLAIN: Again, you know, you can 18 make whatever statements you want to make, however, 19 the truth of matter is, right, we have negotiated. 20 We have had an offer on the table. That has 21 provided -- 22 MR. STRASSER: Give us another one. 23 MS. McCLAIN: -- lots of benefits and 24 support to our employees, and the Union has to the 25 taken it to a vote. That is your right to do that. Rita Gardner ~ Court Reporter ~ (908) 319-1195 106 1 MR. STRASSER: Put a gun to our head. 2 MS. McCLAIN: We haven't given anything 3 and we have put proposals to the table with nothing 4 is -- 5 MR. FREDRIKSEN: JeffeLee, the 6 Membership is perfectly happy with continuing to 7 bargain in good faith with the Company to try to 8 reach a better deal further on -- until and beyond 9 the date that you have set as a drop dead date for 10 your ratification bonus. You thought you could 11 terrorize this Membership into making an emotional 12 decision and you couldn't. So we are going to -- 13 MS. McCLAIN: Again, we are not -- 14 there is no terrorizing involved. 15 MR. FREDRIKSEN: We think you should 16 give us a counterproposal. You have heard what we 17 think we need. We have heard what you think we 18 need. I think it would be good if you gave us a 19 counterproposal so that you can reflect some of 20 those things. 21 MS. McCLAIN: And what you have is our 22 proposal at this time and, you know, we are happy 23 with the positions that we have provided at the 24 table. So, you know, you have our offer. 25 MR. FREDRIKSEN: We are done for the Rita Gardner ~ Court Reporter ~ (908) 319-1195 107 1 day. 2 Anybody else have anything? 3 So we will see you on the 13th, half a 4 day, 9:00 to 1:00. 5 (Remote negotiations adjourned at 6 3:27 p.m.) 7 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 108 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: May 11, 2021 21 22 23 24 25 Rita Gardner ~ Court Reporter ~ (908) 319-1195 $ $5,000 [2] - 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58:15 hoping [2] - 70:20, 72:15 hour [1] - 83:19 hourly [2] - 23:11, 83:20 hours [5] - 8:23, 8:25, 9:4, 21:23, 44:24 Houston [1] - 105:15 HR [2] - 1:11, 26:4 huge [1] - 102:16 humor [1] - 100:13 hurt [2] - 24:3, 55:10 hypothetical [6] - 97:5, 97:15, 97:19, 98:13, 99:8, 99:15 I idea [3] - 47:8, 101:19, 103:13 identify [2] - 56:1, 96:10 identifying [1] - 96:13 idiot [2] - 41:5, 41:6 ignored [1] - 89:20 ILEU [10] - 1:2, 10:5, 43:11, 43:15, 45:19, 58:21, 58:23, 75:21, 75:22, 85:4 ILEU-specific [1] - 43:11 IM'ing [1] - 84:1 imagine [1] - 23:11 immediate [2] - 79:17, 87:14 immediately [1] - 8:24 impact [1] - 49:16 impasse [3] - 50:24, 58:7, 103:5 implemented [1] - 13:4 important [7] - 3:25, 5:14, 6:22, 10:22, 25:11, 26:1, 61:19 improve [2] - 3:2, 3:7 improvement [1] - 55:18 improving [1] - 3:5 incentive [1] - 7:22 include [6] - 36:17, 41:24, 42:9, 48:20, 78:10, 86:9 included [2] - 58:13, 65:20 includes [1] - 56:15 including [5] - 40:8, 62:20, 66:24, 77:9, 89:6 income [1] - 50:8 incorporated [1] - 53:17 increase [14] - 6:21, 15:4, 15:9, 15:10, 16:22, 17:4, 23:11, 35:20, 39:11, 58:5, 66:11, 66:15, 79:18, 89:5 increases [14] - 6:10, 6:12, 7:18, 7:19, 8:5, 15:6, 15:17, 36:19, 37:14, 37:19, 37:25, 38:15, 44:7 increasing [1] - 79:6 incurred [1] - 53:22 INDEPENDENT [1] - 1:13 individual [4] - 47:20, 52:20, 53:7, 56:5 individuals [2] - 52:4, 53:1 industry [2] - 2:24, 75:23 Industry [2] - 59:9, 59:10 inflict [2] - 10:18, 12:16 info [7] - 51:12, 53:11, 53:13, 70:13, 70:15, 71:15, 71:21 information [25] - 2:8, 2:9, 3:14, 3:16, 3:19, 14:18, 35:16, 44:6, 53:17, 58:20, 59:4, 60:5, 61:16, 64:18, 67:5, 67:25, 69:3, 69:4, 69:13, 69:15, 69:21, 69:24, 70:8, 80:9, 89:10 informational [1] - 58:22 inherently [1] - 46:4 initial [2] - 74:19, 81:10 inserted [1] - 79:22 insist [2] - 86:10, 95:3 insists [1] - 86:6 inspector [1] - 59:16 inspire [1] - 79:16 insulted [1] - 10:11 insulting [1] - 49:10 intended [3] - 41:1, 43:5, 45:11 intends [1] - 54:3 intent [8] - 36:5, 46:12, 55:5, 55:6, 61:14, 70:21, 87:14, 97:14 intention [1] - 47:3 intentionally [2] - 42:1, 42:4 intents [1] - 88:11 interest [3] - 79:12, 91:24, 92:12 interested [10] - 43:1, 43:19, 43:21, 77:14, 93:22, 95:16, 95:25, 99:17, 104:17, 108:14 interests [4] - 87:6, 87:20, 87:24, 103:23 internal [1] - 55:4 international [1] - 44:18 interpretation [3] - 80:23, 102:3, 102:10 introduced [1] - 95:21 introducing [1] - 45:24 involved [1] - 106:14 involving [2] - 75:21, 75:23 IOW [4] - 5:17, 35:2, 35:5, 42:17 issue [7] - 8:8, 10:25, 33:21, 62:3, 72:10, 75:10, 99:8 issues [13] - 14:1, 14:2, 34:9, 72:15, 72:16, 87:18, 88:16, 92:23, 92:24, 92:25, 93:3, 98:23, 102:8 J Jacob [1] - 52:20 Jeffe [2] - 4:8, 5:7 JEFFELEE [1] - 1:11 JeffeLee [27] - 4:12, 8:9, 17:10, 21:13, 37:8, 41:6, 54:16, 57:15, 58:8, 61:3, 64:19, 66:1, 66:6, 90:18, 91:15, 92:20, 93:16, 95:12, 96:4, 96:7, 98:5, 101:11, 102:12, 102:24, 104:16, 104:24, 106:5 Jersey [5] - 59:7, 66:21, 67:3, 108:5, 108:18 Joanne [1] - 71:9 job [33] - 18:3, 18:16, 19:16, 21:11, 24:4, 26:18, 27:20, 27:22, 27:24, 28:1, 28:2, 31:24, 33:18, 44:15, 44:25, 51:24, 52:20, 52:22, 52:23, 53:7, 55:8, 55:24, 56:11, 56:18, 56:23, 60:8, 64:24, 65:1, 74:7, 74:12, 81:3, 83:24 jobs [14] - 10:14, 17:25, 22:22, 24:9, 24:10, 28:17, 46:2, 48:15, 48:19, 48:22, 60:22, 61:2, 74:23 JOSH [1] - 1:12 Josh [4] - 3:15, 4:6, 53:14, 69:24 journey [2] - 2:20, 3:1 jumped [1] - 8:24 June [13] - 58:5, 58:14, 58:15, 76:6, 76:12, 78:19, 79:2, 85:13, 85:18, 85:24, 86:1, 86:8, 94:22 justify [2] - 67:8, 68:7 justifying [1] - 58:18 K Kathy [1] - 61:7 keep [8] - 3:25, 14:15, 26:20, 50:1, 50:6, 50:7, 52:9, 52:10 keeping [3] - 9:10, 18:16, 82:16 kind [6] - 5:12, 9:7, 9:12, 10:10, 67:24, 80:22 Kiss [1] - 105:5 Klein's [4] - 92:20, 93:1, 101:13, 101:23 knowledge [1] - 54:5 L LABOR [1] - 1:12 labor [3] - 60:4, 61:21, 75:24 laboratories [1] - 62:20 LABORATORY [1] - 1:13 Labs [3] - 57:12, 58:1, 62:15 labs [1] - 63:6 lacking [1] - 18:21 laid [1] - 5:16 language [37] - 24:11, 42:24, 47:22, 51:5, 54:3, 75:17, 76:22, 76:24, 77:5, 77:13, 80:25, 82:11, 82:15, 83:4, 84:9, 85:11, 85:22, 86:6, 86:9, 89:7, 89:14, 92:10, 94:23, 95:1, 95:17, 95:22, 95:25, 96:1, 96:21, 96:23, 97:4, 97:10, 97:23, 99:11, 101:2 large [1] - 36:5 last [15] - 2:8, 13:2, 21:4, 21:6, 26:14, 45:21, 47:7, 53:18, 66:8, 68:24, 71:15, 77:10, 78:11, 85:12, 93:17 launched [1] - 61:10 law [2] - 101:20, 102:1 laws [1] - 75:24 layoff [1] - 44:16 layoffs [1] - 75:2 leadership [2] - 28:4, 28:10 learn [2] - 46:16, 53:3 least [9] - 11:6, 14:11, 25:6, 27:13, 46:10, 46:20, 61:22, 90:5, 104:7 leave [5] - 16:23, 21:22, 33:2, 74:25, 104:8 LEBRON [1] - 1:16 left [2] - 35:4, 74:1 legal [2] - 102:2, 102:10 lends [1] - 78:5 length [6] - 74:11, 74:21, 81:2, 81:13, 81:15, 95:10 less [8] - 6:11, 7:13, 25:11, 27:6, 27:16, 28:12, 94:24 lessens [1] - 50:5 letter [8] - 29:20, 76:9, 77:10, 77:25, 85:15, 94:19, 101:20, 102:1 letting [1] - 41:16 level [4] - 67:12, 67:13, 67:17, 83:15 levels [3] - 67:12, 67:18, 68:10 liability [1] - 13:16 likely [1] - 27:4 limitation [1] - 89:8 limited [2] - 75:20, 85:2 line [2] - 40:25 line-by-line [1] - 40:25 link [1] - 64:15 list [1] - 54:2 listen [2] - 14:1, 86:23 literally [1] - 95:1 livelihood [1] - 50:8 local [2] - 43:16, 43:17 location [2] - 44:20, 44:25 lock [1] - 13:1 locked [1] - 10:14 locks [1] - 12:15 logger [1] - 50:10 logic [1] - 32:8 long-term [17] - 43:8, 43:23, 44:1, 45:24, 46:7, 46:13, 46:23, 47:3, 47:9, 47:17, 48:10, 48:24, 49:1, 49:5, 50:7, 51:4 Long-term [1] - 45:18 look [26] - 6:3, 6:7, 15:10, 16:8, 19:7, 23:1, 23:4, 42:12, 52:7, 52:12, 52:17, 64:16, 68:23, 77:16, 79:15, 80:4, 80:8, 87:10, 87:22, 89:15, 91:2, 91:9, 91:22, 92:5, 92:13, 92:17 looked [2] - 70:6 looking [22] - 2:3, 4:19, 24:9, 43:17, 44:17, 47:19, 47:23, 48:3, 48:8, 49:21, 49:23, 57:9, 57:23, 62:18, 62:23, 63:4, 63:7, 82:1, 87:13, 88:9, 92:3, 95:13 loss [1] - 53:4 losses [3] - 53:22, 53:25, 56:2 louder [1] - 28:9 LOUIE [14] - 1:12, 33:25, 38:2, 38:5, 39:16, 39:23, 40:24, 41:7, 41:12, 71:3, 71:8, 71:13, 71:20, 83:23 lower [4] - 24:19, 67:8, 68:1, 68:7 LPO [4] - 55:21, 56:4, 60:8, 60:23 LPOs [6] - 55:3, 55:25, 56:7, 61:6, 61:12, 62:1 LPS [11] - 55:13, 55:15, 55:21, 56:3, 56:8, 56:11, 56:15, 60:12, 61:10, 61:24 lube [2] - 5:17, 5:18 Lubricants [4] - 57:12, 57:25, 62:15, 62:19 lunch [2] - 16:18 M machine [1] - 104:4 MADIARA [1] - 1:17 mail [2] - 64:17, 78:10 main [1] - 5:12 maintain [2] - 79:12, 79:13 maintained [1] - 69:12 maintaining [1] - 2:14 Maintenance [3] - 48:20, 74:13, 81:5 majority [1] - 48:24 malfunction [1] - 59:17 manage [3] - 31:12, 63:19, 68:19 managed [2] - 65:7, 65:8 Management [1] - 54:23 management [5] - 28:17, 56:16, 75:23, 79:9, 85:4 MANAGER [2] - 1:11, 1:12 manner [2] - 41:18, 70:22 manuals [1] - 59:18 March [3] - 24:22, 25:9, 73:24 market [3] - 2:15, 58:17, 63:20 Mason [1] - 71:9 match [2] - 14:22, 54:14 Match [3] - 54:12, 54:19, 55:1 Material [2] - 74:13, 81:4 materially [1] - 55:14 matter [4] - 8:19, 28:7, 28:8, 105:19 matters [1] - 26:16 McCLAIN [224] - 1:11, 2:1, 4:10, 4:13, 4:16, 4:21, 4:24, 5:4, 5:9, 8:14, 10:24, 11:3, 11:16, 12:10, 12:13, 12:19, 12:23, 13:1, 13:8, 13:17, 14:7, 14:10, 15:16, 15:22, 15:24, 16:10, 16:12, 17:13, 17:16, 17:19, 17:22, 17:25, 18:3, 18:8, 18:14, 19:1, 19:6, 19:11, 19:15, 19:18, 20:6, 20:9, 20:11, 20:14, 20:17, 20:20, 21:1, 21:7, 21:15, 22:4, 22:10, 22:14, 22:23, 23:15, 23:18, 23:22, 23:25, 24:6, 24:13, 25:4, 25:14, 25:16, 26:6, 26:12, 26:16, 27:4, 27:8, 27:11, 27:18, 27:25, 28:5, 28:16, 28:20, 28:23, 29:1, 29:4, 29:20, 30:12, 30:19, 30:24, 31:2, 31:5, 31:8, 32:1, 32:16, 32:19, 33:4, 33:7, 33:17, 34:16, 34:25, 35:6, 35:12, 35:15, 35:18, 36:1, 36:6, 36:10, 36:21, 37:1, 37:12, 37:18, 37:23, 38:1, 38:10, 38:19, 38:23, 39:1, 39:5, 39:14, 39:17, 39:25, 40:15, 40:22, 42:5, 42:14, 42:22, 43:2, 43:4, 45:16, 45:20, 46:9, 47:11, 47:19, 47:25, 48:7, 48:18, 48:21, 49:13, 50:12, 51:7, 51:10, 52:5, 53:12, 53:16, 59:25, 60:10, 60:14, 60:19, 61:22, 62:19, 63:3, 63:16, 63:23, 64:2, 64:5, 64:9, 64:14, 65:11, 66:4, 66:16, 67:9, 67:15, 68:14, 68:18, 68:22, 69:2, 69:7, 69:11, 69:19, 70:11, 70:25, 72:5, 72:18, 72:23, 73:1, 73:10, 78:12, 80:3, 80:11, 80:15, 82:1, 82:6, 82:8, 82:19, 83:8, 83:12, 83:14, 83:21, 84:10, 84:23, 85:10, 86:12, 86:22, 88:24, 90:5, 90:16, 90:21, 91:7, 91:11, 91:23, 92:7, 92:21, 93:24, 94:1, 94:10, 94:13, 95:14, 96:17, 98:3, 98:6, 98:15, 98:18, 98:22, 99:16, 100:15, 100:21, 100:24, 101:15, 101:25, 103:8, 103:17, 103:23, 104:6, 104:11, 104:17, 104:20, 104:25, 105:10, 105:17, 105:23, 106:2, 106:13, 106:21 meal [2] - 7:17, 71:7 mean [27] - 13:24, 16:3, 23:22, 42:2, 42:19, 47:9, 49:19, 61:24, 61:25, 62:4, 63:23, 63:24, 64:5, 64:10, 64:25, 65:11, 65:12, 82:9, 86:13, 86:14, 87:7, 95:19, 98:7, 99:6, 101:14, 101:15, 101:23 meaning [3] - 47:13, 65:3, 83:6 meaningful [1] - 18:11 means [8] - 10:2, 16:1, 16:16, 39:10, 42:18, 50:17, 66:22, 67:4 meant [2] - 49:3, 89:19 Mechanic [1] - 59:8 mechanics [3] - 74:12, 81:4, 82:25 Mechanics [14] - 47:15, 47:16, 48:6, 48:20, 51:19, 51:20, 51:23, 52:1, 58:19, 66:19, 68:2, 74:3, 83:7, 84:19 median [4] - 67:13, 67:17, 67:22 mediator [9] - 9:21, 9:24, 50:15, 50:18, 50:19, 103:22, 104:5, 104:15, 104:18 meet [3] - 73:7, 88:10, 102:5 meeting [6] - 23:5, 33:10, 33:23, 86:23, 90:1 meets [1] - 101:2 member [2] - 9:2, 43:15 members [5] - 28:17, 30:2, 30:10, 34:9, 50:4 Membership [5] - 74:21, 83:17, 86:4, 106:6, 106:11 membership [2] - 16:8, 34:14 memorializes [1] - 98:24 memory [1] - 71:2 mentality [1] - 25:13 mention [3] - 8:22, 9:11, 43:20 mentioned [2] - 9:20, 25:23 mercy [1] - 105:4 merged [1] - 35:4 merit [1] - 44:22 merit-based [1] - 44:22 mess [1] - 96:9 met [1] - 101:5 mICHAEL [1] - 1:17 MICHAEL [1] - 1:18 midnight [1] - 21:9 miles [1] - 17:1 million [1] - 66:3 mind [2] - 4:1, 84:9 mine [4] - 17:6, 26:19, 26:25, 30:11 minimize [1] - 65:22 misrepresent [1] - 49:11 misrepresenting [2] - 40:4, 49:14 missing [3] - 42:7, 67:24, 70:19 Mobilab [2] - 35:4, 35:9 modified [1] - 76:2 MOLINA [1] - 1:17 money [6] - 23:13, 23:16, 25:1, 66:13, 71:7, 96:10 monitors [1] - 54:23 month [3] - 78:25, 83:19, 83:20 monthly [3] - 74:20, 81:11, 83:16 months [2] - 57:2, 62:14 moot [1] - 28:5 morning [2] - 73:9, 77:25 Morning [1] - 1:15 most [8] - 6:7, 6:17, 24:8, 24:10, 58:24, 80:18, 88:3, 102:14 move [3] - 43:3, 51:20, 78:8 moved [2] - 82:14, 85:11 movement [6] - 76:5, 77:6, 77:12, 94:15, 94:16, 94:20 moving [12] - 15:13, 35:19, 40:5, 43:21, 47:16, 57:3, 78:3, 88:4, 93:13, 93:16, 93:19, 95:6 MPT [2] - 43:12, 45:19 MPT-specific [1] - 43:12 MPTs [2] - 44:17, 45:2 MR [240] - 4:8, 4:9, 4:11, 4:15, 4:18, 4:23, 5:2, 5:7, 8:9, 8:15, 11:2, 11:9, 12:5, 12:11, 12:14, 12:20, 12:25, 13:3, 13:10, 14:4, 14:8, 14:19, 15:19, 15:23, 15:25, 16:11, 16:13, 17:15, 17:18, 17:21, 17:24, 18:2, 18:5, 18:12, 18:24, 19:4, 19:10, 19:14, 19:17, 19:20, 20:7, 20:10, 20:13, 20:16, 20:19, 20:22, 21:2, 21:13, 21:17, 22:6, 22:11, 22:21, 23:7, 23:17, 23:20, 23:23, 24:1, 24:8, 24:15, 25:10, 25:15, 25:19, 26:11, 26:13, 26:22, 27:5, 27:10, 27:13, 27:23, 28:3, 28:8, 28:19, 28:21, 28:24, 29:3, 29:7, 29:22, 30:13, 30:21, 30:25, 31:4, 31:7, 31:19, 32:14, 32:18, 32:21, 33:5, 33:9, 33:20, 34:15, 34:23, 35:1, 35:9, 35:13, 35:17, 35:19, 36:4, 36:8, 36:14, 36:23, 37:5, 37:16, 37:19, 37:24, 38:4, 38:8, 38:17, 38:20, 38:25, 39:3, 39:8, 39:21, 40:3, 40:12, 40:18, 41:4, 41:11, 41:14, 42:8, 42:16, 42:25, 43:3, 45:13, 45:17, 45:21, 46:24, 47:15, 47:23, 48:3, 48:12, 48:19, 49:4, 49:22, 50:13, 51:8, 51:13, 51:15, 52:19, 53:10, 59:23, 60:1, 60:13, 60:15, 60:23, 62:11, 63:1, 63:11, 63:21, 63:25, 64:3, 64:6, 64:12, 64:19, 66:1, 66:5, 66:17, 67:7, 67:11, 67:16, 68:16, 68:19, 69:1, 69:6, 69:8, 69:16, 70:3, 70:12, 71:5, 71:11, 71:18, 71:22, 72:17, 72:19, 72:22, 72:24, 73:6, 73:12, 73:16, 78:13, 80:10, 81:20, 82:3, 82:7, 82:10, 82:25, 83:11, 83:13, 83:18, 84:2, 84:6, 84:7, 84:11, 84:12, 84:15, 85:6, 85:24, 86:19, 88:22, 89:4, 90:14, 90:17, 91:5, 91:8, 91:15, 92:1, 92:19, 93:15, 93:25, 94:4, 94:11, 94:16, 96:4, 97:3, 98:4, 98:8, 98:17, 98:19, 99:10, 99:20, 99:22, 100:18, 100:22, 101:11, 101:17, 102:11, 103:10, 103:22, 104:3, 104:9, 104:15, 104:19, 104:22, 105:2, 105:11, 105:16, 105:22, 106:1, 106:5, 106:15, 106:25 MS [236] - 2:1, 4:10, 4:13, 4:16, 4:21, 4:24, 5:4, 5:9, 8:14, 10:24, 11:3, 11:16, 12:10, 12:13, 12:19, 12:23, 13:1, 13:8, 13:17, 14:7, 14:10, 15:16, 15:22, 15:24, 16:10, 16:12, 17:13, 17:16, 17:19, 17:22, 17:25, 18:3, 18:8, 18:14, 19:1, 19:6, 19:11, 19:15, 19:18, 20:6, 20:9, 20:11, 20:14, 20:17, 20:20, 21:1, 21:7, 21:15, 22:4, 22:10, 22:14, 22:23, 23:15, 23:18, 23:22, 23:25, 24:6, 24:13, 25:4, 25:14, 25:16, 26:6, 26:12, 26:16, 27:4, 27:8, 27:11, 27:18, 27:25, 28:5, 28:16, 28:20, 28:23, 29:1, 29:4, 29:20, 30:12, 30:19, 30:24, 31:2, 31:5, 31:8, 32:1, 32:16, 32:19, 33:4, 33:7, 33:17, 33:25, 34:16, 34:25, 35:6, 35:12, 35:15, 35:18, 36:1, 36:6, 36:10, 36:21, 37:1, 37:12, 37:18, 37:23, 38:1, 38:2, 38:5, 38:10, 38:19, 38:23, 39:1, 39:5, 39:14, 39:16, 39:17, 39:23, 39:25, 40:15, 40:22, 40:24, 41:7, 41:12, 42:5, 42:14, 42:22, 43:2, 43:4, 45:16, 45:20, 46:9, 47:11, 47:19, 47:25, 48:7, 48:18, 48:21, 49:13, 50:12, 51:7, 51:10, 52:5, 53:12, 53:16, 59:25, 60:10, 60:14, 60:19, 61:22, 62:19, 63:3, 63:16, 63:23, 64:2, 64:5, 64:9, 64:14, 65:11, 66:4, 66:16, 67:9, 67:15, 68:14, 68:18, 68:22, 69:2, 69:7, 69:11, 69:19, 70:11, 70:25, 71:3, 71:8, 71:13, 71:20, 72:5, 72:18, 72:23, 73:1, 73:10, 78:12, 80:3, 80:11, 80:15, 82:1, 82:6, 82:8, 82:19, 83:8, 83:12, 83:14, 83:21, 83:23, 84:10, 84:23, 85:10, 86:12, 86:22, 88:24, 90:5, 90:16, 90:21, 91:7, 91:11, 91:23, 92:7, 92:21, 93:24, 94:1, 94:10, 94:13, 95:14, 96:17, 98:3, 98:6, 98:15, 98:18, 98:22, 99:16, 100:15, 100:21, 100:24, 101:15, 101:25, 103:8, 103:17, 103:23, 104:6, 104:11, 104:17, 104:20, 104:25, 105:10, 105:17, 105:23, 106:2, 106:13, 106:21 multiple [4] - 9:20, 26:23, 61:4, 93:20 multitask [2] - 33:15, 33:22 multitasking [2] - 33:13, 33:24 mutual [1] - 76:3 N named [1] - 83:9 narrative [1] - 40:19 nasty [1] - 72:4 national [1] - 44:18 nature [2] - 9:15, 59:16 nearly [1] - 53:9 nebulous [1] - 96:6 necessarily [5] - 19:7, 19:12, 28:12, 29:10, 80:22 necessary [6] - 2:19, 17:3, 46:12, 54:18, 62:8, 96:23 need [16] - 3:10, 8:8, 27:21, 34:8, 48:23, 65:24, 84:7, 95:4, 95:23, 96:24, 97:18, 100:19, 102:18, 104:13, 106:17, 106:18 needed [2] - 9:5, 65:21 needing [2] - 22:15, 87:6 needs [29] - 6:25, 7:1, 20:1, 21:11, 23:5, 23:8, 24:14, 32:12, 46:11, 46:19, 49:19, 52:15, 74:9, 89:1, 89:4, 92:22, 93:14, 95:7, 96:11, 96:13, 100:10, 100:11, 100:22, 101:1, 101:3, 101:5, 102:5, 103:24 negate [1] - 38:14 negating [1] - 26:18 negative [1] - 17:8 neglecting [1] - 41:24 negotiated [2] - 37:4, 105:19 negotiating [1] - 88:16 negotiation [1] - 36:17 Negotiations [1] - 1:4 negotiations [9] - 12:7, 37:7, 38:11, 73:2, 80:13, 84:13, 86:20, 103:1, 107:5 never [9] - 31:16, 35:14, 38:23, 54:13, 61:2, 61:12, 61:13, 100:9, 102:17 New [5] - 59:7, 66:21, 67:2, 108:5, 108:18 new [6] - 2:23, 25:24, 51:5, 53:3, 56:3 next [1] - 7:19 night [3] - 21:25, 22:2, 23:21 NLRA [1] - 86:7 nobody [2] - 55:10, 61:24 non [4] - 35:24, 45:19, 78:1, 78:23 non-benefits [1] - 78:23 non-represented [3] - 35:24, 45:19, 78:1 none [1] - 9:1 nose [1] - 20:5 Notary [2] - 108:4, 108:18 nothing [4] - 10:18, 24:15, 91:18, 106:3 notice [1] - 44:14 noticed [1] - 29:21 notification [1] - 75:14 notified [1] - 61:13 Number [3] - 54:10, 57:21, 66:18 number [11] - 27:2, 53:21, 54:1, 55:2, 57:1, 57:15, 58:3, 58:17, 62:13, 63:11, 74:1 numbers [1] - 67:10 O o'clock [1] - 22:2 objection [1] - 74:10 objective [1] - 91:17 obligated [3] - 76:9, 85:16, 101:22 obligation [3] - 81:1, 87:15, 98:9 observed [1] - 56:3 observing [1] - 55:22 obvious [1] - 63:17 obviously [2] - 13:3, 94:15 October [2] - 58:6, 59:4 off-site [6] - 53:23, 54:8, 57:4, 90:25, 96:21, 97:1 offer [41] - 3:4, 3:23, 4:5, 5:16, 5:24, 6:3, 6:5, 6:14, 6:22, 7:12, 7:25, 22:15, 22:17, 22:23, 35:20, 37:2, 37:4, 37:9, 37:11, 37:22, 38:3, 38:5, 38:6, 38:7, 38:9, 38:15, 39:2, 39:6, 39:9, 39:18, 39:20, 39:24, 40:1, 42:10, 51:18, 66:14, 105:20, 106:24 offered [2] - 36:21, 75:12 offering [2] - 37:24, 93:25 offers [9] - 6:9, 13:18, 36:24, 36:25, 38:16, 38:21, 38:24, 39:22, 58:14 office [1] - 17:1 Oil [1] - 59:2 Olathe [2] - 5:18, 42:18 on-site [16] - 17:11, 18:4, 18:25, 19:13, 20:9, 21:4, 21:6, 26:14, 27:3, 27:6, 27:16, 28:18, 50:6, 52:24, 61:5, 97:1 once [3] - 31:25, 79:7, 93:22 one [40] - 4:9, 4:25, 5:1, 7:13, 7:25, 8:20, 10:25, 14:5, 14:9, 15:8, 15:10, 15:20, 15:24, 26:17, 27:2, 29:15, 35:15, 39:3, 39:11, 39:12, 41:22, 42:10, 43:11, 55:9, 57:11, 57:25, 60:2, 60:4, 63:23, 65:13, 67:12, 71:1, 77:8, 82:19, 82:22, 83:19, 84:23, 101:6, 105:22 one-page [1] - 4:9 one-sided [1] - 101:6 ones [5] - 11:17, 12:3, 31:24, 82:23 ongoing [7] - 12:6, 38:12, 57:5, 57:13, 58:2, 62:5, 62:25 online [1] - 22:2 opening [1] - 4:10 operating [3] - 18:17, 63:6, 97:1 operations [5] - 3:12, 57:8, 57:22, 62:21 Operations [3] - 48:20, 74:14, 81:5 OPERATIONS [1] - 1:12 opinion [3] - 16:21, 54:16, 58:8 opinions [1] - 54:21 opportunities [6] - 43:18, 44:19, 45:22, 49:5, 51:17, 51:20 opportunity [15] - 8:12, 8:13, 20:18, 22:24, 23:18, 30:5, 30:10, 34:11, 37:9, 37:10, 47:16, 50:23, 51:4, 52:1, 52:3 opposite [1] - 47:10 Optimization [3] - 57:12, 58:1, 62:16 option [1] - 75:9 options [3] - 50:22, 50:24, 52:16 order [10] - 18:15, 18:16, 19:19, 20:15, 20:21, 21:10, 27:21, 32:11, 42:5, 63:19 orders [1] - 30:8 organization [2] - 2:21, 62:22 organized [2] - 41:17, 41:18 orientation [11] - 43:9, 43:24, 45:18, 45:24, 46:8, 46:13, 46:23, 47:9, 48:10, 48:24, 49:1 originally [1] - 74:4 outlined [1] - 60:25 outlook [1] - 2:17 outside [5] - 11:6, 43:21, 44:2, 44:8, 76:20 outsource [4] - 24:9, 46:2, 57:16, 57:17 outsourced [1] - 52:2 outsourcing [5] - 54:4, 57:10, 57:24, 75:5, 89:7 outstanding [1] - 70:15 Overall [3] - 40:5, 41:19, 41:20 overall [3] - 35:22, 50:5, 79:10 overhauls [1] - 59:13 overtime [7] - 32:1, 32:23, 71:7, 75:8, 75:12, 75:13 own [3] - 75:1, 98:9, 105:12 P p.m [8] - 73:3, 80:14, 84:14, 86:21, 107:6 pack [1] - 16:18 package [3] - 73:20, 94:5, 94:8 page [2] - 4:9, 44:13 paid [3] - 22:5, 78:24 pain [2] - 10:18, 12:16 pandemic [5] - 10:4, 15:7, 16:6, 19:7, 22:12 paragraph [11] - 75:4, 75:15, 76:4, 76:5, 76:12, 76:15, 84:25, 85:12, 85:19, 94:25 paragraphs [1] - 75:6 part [17] - 3:11, 19:2, 24:1, 26:9, 35:16, 42:1, 55:7, 55:21, 60:21, 61:2, 63:10, 82:2, 90:3, 92:1, 93:16, 94:5, 94:8 partially [1] - 76:5 participate [1] - 55:25 participating [1] - 60:21 participation [1] - 56:15 particular [1] - 83:15 particularly [1] - 80:1 parties [5] - 54:2, 54:7, 76:3, 104:21, 108:12 partners [1] - 22:3 parts [1] - 34:14 past [23] - 16:21, 17:12, 21:9, 27:3, 27:7, 27:16, 35:25, 48:14, 54:8, 57:2, 61:4, 62:14, 67:2, 70:7, 70:15, 75:21, 76:23, 77:20, 85:3, 86:8, 94:22, 95:2, 99:14 path [1] - 65:18 PAUL [1] - 1:17 Paulsboro [5] - 5:17, 8:20, 11:20, 15:20, 35:2 pay [27] - 10:8, 15:4, 17:4, 23:10, 24:19, 29:17, 44:8, 44:16, 58:4, 58:19, 65:7, 67:8, 67:9, 67:17, 67:20, 67:22, 68:1, 68:4, 68:8, 74:3, 74:20, 81:11, 83:9, 83:16, 83:19, 83:20, 84:22 payment [2] - 77:5, 78:23 people [27] - 9:10, 9:14, 10:14, 10:18, 12:17, 12:21, 15:2, 15:11, 24:3, 26:8, 28:10, 29:23, 29:25, 30:23, 31:2, 46:14, 47:3, 49:12, 50:6, 53:5, 66:12, 71:6, 71:23, 71:24, 79:13, 79:16 people's [2] - 15:1, 83:20 per [5] - 29:15, 29:20, 56:24, 83:19, 83:20 perceives [1] - 12:8 percent [24] - 14:21, 15:9, 15:10, 22:20, 35:21, 37:20, 37:21, 39:3, 39:11, 39:12, 39:13, 50:19, 58:4, 66:11, 66:14, 78:19, 78:20, 78:21 percentile [1] - 59:5 perfectly [1] - 106:6 perform [6] - 27:22, 53:23, 56:17, 56:18, 56:20, 56:21 performance [1] - 54:24 performed [2] - 54:8, 55:23 performing [3] - 31:16, 56:11, 56:13 period [2] - 36:18, 79:16 permanent [6] - 46:3, 79:13, 81:21, 81:22, 82:13, 95:7 permanently [7] - 47:25, 48:15, 76:25, 81:18, 82:4, 83:3, 90:23 permission [1] - 99:25 permit [1] - 2:5 personal [7] - 7:6, 7:16, 8:18, 9:1, 35:10, 44:12, 102:24 personally [2] - 102:23, 105:11 personnel [1] - 63:2 perspective [15] - 2:7, 3:22, 7:10, 7:11, 7:12, 7:24, 11:5, 18:18, 19:9, 25:5, 25:8, 50:2, 50:11, 90:10, 91:12 perspectives [2] - 49:20, 49:23 pertaining [1] - 75:2 Petroleum [1] - 59:8 Pharmaceutical [1] - 59:10 philosophical [3] - 50:16, 104:23, 105:7 philosophy [2] - 37:6, 99:23 pilot [2] - 71:4, 71:13 piloted [1] - 71:5 piloting [1] - 72:9 places [1] - 27:19 plain [1] - 24:23 Plan [4] - 54:12, 54:19, 55:1, 78:9 plan [2] - 20:2, 59:17 plans [6] - 54:5, 54:14, 54:18, 57:16, 57:17, 57:19 plant [2] - 5:17, 5:18 plus [2] - 6:8, 33:5 pluses [1] - 4:2 PO&T [1] - 1:17 point [16] - 5:23, 8:17, 8:21, 26:20, 28:5, 29:18, 34:15, 38:18, 38:21, 67:25, 81:24, 86:25, 90:2, 90:11, 100:16, 102:11 point-blank [1] - 29:18 pointed [1] - 33:11 pointing [1] - 27:25 points [4] - 29:9, 41:20, 41:21, 104:10 poll [1] - 31:20 portion [1] - 57:18 position [9] - 3:3, 11:5, 22:8, 52:9, 59:7, 64:20, 65:23, 65:24, 88:2 positioned [1] - 3:8 positions [25] - 21:19, 46:1, 49:11, 52:11, 74:17, 74:23, 75:19, 76:8, 81:9, 82:21, 82:22, 83:2, 83:6, 83:9, 84:4, 84:5, 84:16, 84:19, 85:1, 85:14, 94:18, 101:7, 106:23 positive [1] - 65:14 post [1] - 95:6 posted [1] - 65:14 potential [1] - 56:1 potentially [2] - 30:7, 50:19 PowerPoint [1] - 41:8 powers [1] - 10:16 PPTO [1] - 99:6 practice [3] - 60:4, 61:21, 73:23 preceding [2] - 84:18 preclude [1] - 99:3 prefer [1] - 4:16 preferably [1] - 70:8 preliminary [1] - 45:1 prepared [2] - 3:16, 89:12 present [1] - 73:4 presentation [2] - 35:23, 41:9 presenting [2] - 35:23, 35:24 PRESIDENT [2] - 1:14, 1:15 presumably [1] - 78:1 pretty [4] - 49:9, 61:19, 64:9 preventable [1] - 55:11 previous [9] - 14:5, 14:6, 48:17, 55:15, 61:9, 73:19, 76:16, 82:12, 82:24 previously [6] - 54:22, 58:21, 68:20, 82:17, 83:3, 93:21 prices [1] - 65:16 primarily [1] - 77:14 principles [1] - 55:10 problem [11] - 4:19, 62:2, 70:24, 86:19, 96:7, 96:11, 96:13, 96:15, 97:5, 97:19, 99:15 problematic [1] - 37:6 problems [2] - 96:18, 98:13 procedure [1] - 59:17 process [9] - 37:8, 44:15, 55:22, 55:25, 60:23, 60:24, 62:24 processes [4] - 56:2, 56:9, 57:9, 57:22 productive [1] - 2:3 productivity [1] - 79:18 professionally [2] - 41:13, 41:15 profile [1] - 65:20 profitable [1] - 50:1 Program [1] - 78:14 program [3] - 55:13, 71:3, 71:16 programs [1] - 55:15 progress [1] - 77:8 projects [1] - 74:8 promoted [1] - 74:24 properly [1] - 56:14 proposal [49] - 2:6, 2:7, 8:17, 29:5, 29:10, 29:14, 36:16, 41:2, 41:3, 45:22, 46:8, 46:10, 47:7, 47:12, 47:21, 48:16, 49:16, 50:5, 74:1, 76:16, 76:19, 77:3, 77:11, 78:4, 78:9, 78:15, 78:17, 79:21, 80:16, 81:24, 82:18, 86:3, 86:10, 87:23, 88:3, 89:20, 89:23, 90:7, 91:21, 91:25, 92:4, 92:14, 93:12, 95:7, 95:21, 99:12, 101:9, 101:13, 106:22 proposals [23] - 23:1, 23:5, 48:17, 58:7, 76:16, 76:23, 82:12, 82:14, 87:2, 87:6, 87:8, 87:13, 87:24, 88:4, 88:7, 88:9, 88:15, 92:16, 95:8, 98:12, 99:3, 105:12, 106:3 propose [2] - 40:19, 81:21 proposed [9] - 36:19, 68:1, 74:4, 75:5, 76:25, 82:4, 83:3, 86:3, 92:13 proposes [1] - 74:5 proposition [6] - 3:18, 17:23, 34:19, 43:13, 44:11, 45:5 prosperous [1] - 25:18 protect [1] - 24:21 Protect [1] - 24:23 protection [1] - 44:25 protects [1] - 99:12 protocol [1] - 33:16 prove [2] - 30:15 proven [1] - 14:12 provide [17] - 3:17, 7:9, 7:11, 12:3, 15:11, 47:3, 54:1, 55:3, 56:12, 57:4, 58:17, 60:3, 68:3, 69:18, 85:6, 89:7, 89:9 provided [18] - 13:23, 44:6, 54:16, 58:21, 59:1, 67:2, 68:23, 68:24, 71:1, 72:6, 77:19, 77:20, 86:17, 87:3, 87:23, 88:10, 105:21, 106:23 provides [9] - 5:25, 6:5, 6:17, 7:3, 8:4, 8:6, 45:7, 55:16, 90:10 providing [9] - 5:12, 11:22, 13:22, 14:16, 52:3, 67:5, 77:15, 78:4, 87:25 provisions [2] - 74:25, 75:1 Public [2] - 108:4, 108:18 push [1] - 24:3 put [16] - 2:6, 11:14, 24:11, 29:12, 34:3, 69:3, 69:14, 71:6, 71:7, 80:2, 89:16, 96:14, 99:11, 99:18, 106:1, 106:3 putting [6] - 16:4, 17:1, 29:10, 29:13, 44:10, 89:22 Q qualified [5] - 52:14, 52:25, 56:17, 56:21, 75:12 quarter [7] - 3:21, 5:5, 5:7, 5:10, 64:1, 65:12, 66:8 quarterly [1] - 64:7 quarters [1] - 65:14 questions [15] - 35:2, 53:17, 59:24, 70:13, 71:24, 73:11, 80:7, 80:16, 80:21, 81:15, 82:20, 88:21, 90:7, 90:8, 90:9 quick [1] - 8:21 quickly [1] - 55:19 quite [6] - 4:21, 4:22, 49:10, 52:24, 53:7, 65:6 quote/unquote [2] - 31:23, 83:2 R R&D [1] - 1:12 RAGOMO [93] - 1:14, 4:11, 4:15, 4:18, 4:23, 5:2, 8:9, 8:15, 11:2, 11:9, 12:5, 12:11, 12:14, 12:20, 12:25, 13:3, 13:10, 14:19, 15:19, 15:23, 15:25, 16:11, 16:13, 17:15, 17:18, 17:21, 17:24, 18:2, 18:5, 18:12, 18:24, 19:4, 19:10, 19:14, 19:17, 19:20, 20:7, 20:10, 20:13, 20:16, 20:19, 20:22, 21:2, 21:13, 21:17, 22:6, 22:11, 22:21, 23:7, 23:17, 23:20, 23:23, 24:1, 24:8, 24:15, 25:10, 25:15, 25:19, 26:11, 26:13, 26:22, 27:5, 27:10, 27:13, 27:23, 28:3, 28:8, 28:19, 28:21, 28:24, 29:3, 29:7, 29:22, 30:13, 30:21, 30:25, 31:4, 31:7, 31:19, 32:14, 32:18, 32:21, 33:5, 33:9, 33:20, 34:15, 51:15, 52:19, 64:12, 72:22, 84:2, 84:7, 84:11 raising [1] - 72:15 rate [2] - 68:1, 68:4 ratification [8] - 6:8, 6:12, 7:20, 8:5, 79:2, 79:6, 94:21, 106:10 ratified [22] - 3:20, 6:11, 6:16, 6:18, 11:16, 11:18, 11:19, 11:23, 12:3, 22:19, 38:12, 38:16, 39:19, 76:6, 76:12, 78:22, 79:1, 79:25, 85:13, 85:18 ratify [3] - 6:7, 23:4, 37:3 rationale [1] - 85:5 reach [3] - 58:11, 58:16, 106:8 react [1] - 46:11 reacting [1] - 32:16 read [3] - 41:8, 66:25, 80:22 reading [3] - 77:3, 84:24, 105:14 ready [2] - 72:25, 80:12 real [2] - 9:16 really [23] - 2:23, 3:2, 6:22, 7:7, 7:25, 10:9, 10:22, 14:22, 14:23, 15:14, 26:13, 28:6, 28:15, 33:24, 47:4, 49:9, 49:12, 65:3, 67:23, 68:2, 93:11, 94:23, 103:5 reason [14] - 50:14, 60:2, 60:11, 61:20, 65:2, 68:3, 77:20, 79:24, 80:1, 89:5, 89:6, 89:9, 89:22, 95:24 reasoning [1] - 77:19 reasons [5] - 25:5, 60:3, 61:21, 79:18, 96:5 reassess [1] - 54:14 reassessing [1] - 54:19 reassessment [1] - 54:25 recalling [1] - 75:3 received [4] - 2:8, 16:21, 22:9, 53:16 receiving [2] - 22:18, 61:12 recent [2] - 5:5, 88:3 recently [4] - 3:20, 6:18, 58:24, 61:6 recessed [4] - 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