1 1 2 EMRE - ILEU 3 4 Collective Bargaining Agreement Negotiations 5 Thursday, August 12, 2021 Commencing at 10:03 a.m. EST 6 7 HELD REMOTELY VIA ZOOM 8 --- Day 64 --- 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 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: It is our 64th day of 2 bargaining. You have our proposal. I think that is 3 the latest document that was sent back in June. So 4 you have that offer that we are working from. 5 MR. FREDRIKSEN: Okay. To bring 6 everybody up to speed, the ILEU had a ratification 7 vote on July 14. Approximately 90 percent of the 8 membership showed up to that vote to cast their 9 ballots, and 81 percent of all people who casted 10 their ballots voted no to the Company's offer. 11 We heard from many members who we had 12 never heard from before, who spoke out against the 13 Company's -- not only their bargaining practices, 14 but the proposal that was on the table. 15 We have heard from multiple members who 16 have demonstrated skepticism in the past towards 17 either side. Virtually everybody -- actually, 18 everybody who spoke out at these meetings 19 demonstrated a clear -- either, if they had been 20 skeptical in the past, that that has been reversed 21 or annulled, and we had no support from the 22 Company's offer. Not a single person stood in 23 support, to speak in support at this meeting. 24 I have received no private messages in 25 support of the offer. In fact, to the contrary, I Rita Gardner ~ Court Reporter ~ (908) 319-1195 3 1 have received messages from people who have, like I 2 said, demonstrated skepticism in the past that had 3 been galvanized by the Company's behavior. 4 The Company gave us last time a 5 proposal during the day to which we responded to in 6 the afternoon. We had some discussion -- actually, 7 that was not last time, rather that was June 22. We 8 did not discuss that counterproposal on July 1. 9 So if you would like, I can open up 10 that proposal so that you can refresh your memory, 11 but the ILEU is expecting a response to that 12 proposal. 13 MS. McCLAIN: Okay. Yes, if you could, 14 walk us through it. 15 MR. FREDRIKSEN: Sure. 16 This proposal was dated June 22 in the 17 afternoon. This was presented in response to the 18 Company's proposal that was offered in the daytime, 19 during which the Company's only change was to the 20 Auto Mechanic's structure. 21 So the Union accepted the Company's 22 proposed change to the structure and the titles for 23 Auto Mechanic. 24 C2. In this proposal, we had a major 25 change. Rita Gardner ~ Court Reporter ~ (908) 319-1195 4 1 The Company may, across all job 2 families, utilize contractors to staff relative to 3 projects, work fluctuations, and other short term or 4 discreet business needs. For the duration of this 5 agreement, the Company may, without objection from 6 the Union, contract out the following job families. 7 And the job families are thereby listed. 8 All employees currently in these 9 positions will retain their jobs until they retire, 10 are promoted or terminated according to the 11 provisions of Article XXVI or XXVII or leave on 12 their own accord. 13 Provisions of Article XVIII pertaining 14 to demotions, layoffs, repromotions, and recalling 15 of other employees remain in effect. 16 The Company has the right to have -- 17 excuse me. The Company has the right to have work 18 performed off-site by third parties. If work, 19 customarily performed by bargaining unit employees, 20 is outsourced in this matter, it shall not be used 21 under any circumstance to create a surplus of 22 employees, thereby leading to a reduction of hours, 23 layoff, demotion or backdown of existing employees 24 that are qualified to perform such work. 25 In the event the equipment required to Rita Gardner ~ Court Reporter ~ (908) 319-1195 5 1 perform such work is no longer available, the 2 employee may be reassigned to any position they are 3 qualified for and shall suffer no loss of pay. 4 Contractors occupying any position for 5 which the employee is qualified will be removed if 6 no other position is available. The Company may not 7 outsource work to erode the Bargaining Unit or to 8 otherwise restrict or limit its growth. 9 The notification amount under Article 10 XVIII has been changed to $250,000 for the length of 11 this agreement. To the extent there is a dispute 12 between the side agreement and any other provisions 13 of the CBA, this side letter shall govern. 14 Any arbitrator ruling regarding what 15 positions may be contracted and/or the duration of 16 contracting shall be limited to the terms of the 17 entire CBA, past arbitrations involving the ILEU, 18 and all records of discussion between the ILEU and 19 EMRE management involving contracting. 20 This agreement will remain in effect 21 until the expiration of the CBA and it may be 22 modified with mutual consent of the parties hereto. 23 The last paragraph had an expiration 24 date of June 30. So it is thereby expired. So I 25 won't read that into the record. Consider it Rita Gardner ~ Court Reporter ~ (908) 319-1195 6 1 stricken. 2 The Company accepted the -- excuse me, 3 the Union's side agreement on the Savings Plan Match 4 had not changed at that time. The Union accepted 5 the Company's proposal to suspend the Educational 6 Refund Program in conjunction with the rest of this 7 agreement, of course, as all of the provisions in 8 this agreement are. 9 U-10. The Union continued to propose 10 retroactivity to June 1, 2020. The Union accepted 11 the Company's first three years of raises. The 12 Union accepted a Year 4 of the contract and defined 13 as below: 14 The parties agree that 60 days prior to 15 June 1, 2023 of the Collective Agreement, wage rate 16 negotiations for the remaining one year of the 17 Collective Agreement shall commence. These 18 negotiations shall be limited to wages only and/or 19 other matters agreed between the parties. In the 20 event the parties are unable to satisfactory 21 conclude such negotiations within 60 days, there 22 shall be no strike or lockout. And if the parties 23 are unable to agree on what, if any, changes occur, 24 the parties shall resolve their dispute through 25 binding interest arbitration. The parties will Rita Gardner ~ Court Reporter ~ (908) 319-1195 7 1 agree to the appointment of the interest arbitrator 2 within 14 days, due to process already established 3 by Article VIII. 4 The Union retained its proposal of an 5 addition of a recognized holiday, which was June 19, 6 also known as Juneteenth. The Union is adamant that 7 this holiday is not a cultural day. This is not an 8 ethnic holiday. This is an American holiday. And 9 accepting it as such, while giving up something, 10 diminishes the value of this day. 11 So the contracting proposal that we 12 have out there, this is the first time we have 13 entertained the Company's language surrounding 14 outsourcing in any manner. The Company, last time, 15 provided us an information request that was 16 extremely educational. 17 For context, the Company has said on 18 the record and in Town Hall meetings that C2 was 19 well within the range of other Unions' contracting 20 languages. However, on the contrary, I find that to 21 be absolutely absurd, that statement. The other 22 Unions contain layoff protections, prohibitive 23 language disallowing contractors from performing 24 work of available and qualified employees, time 25 limits, percentage limits. Some of these other Rita Gardner ~ Court Reporter ~ (908) 319-1195 8 1 Unions have credit towards probationary periods when 2 the contractors are hired, which probably none of 3 you three know, this Union has had a proposal to 4 that effect on the table to which Russ Giglio 5 responded that the Company would never recognize 6 such a thing. 7 There are explicit overtime protections 8 in more than half of these languages. None of these 9 proposals have any language limiting the Union's 10 right to arbitration in regards to contracting out, 11 whether it be the duration, the percentage, or 12 anything, or which jobs. None of them. None of 13 these Unions allow the Company to permanently 14 contract out jobs. None of these Unions have 15 explicit -- such explicit temporary language, 16 contracting language that the Company is currently 17 proposing with the ILEU. 18 The best argument that the Company can 19 make and has made is that some of these Unions are 20 silent on contracting. Should we contact these 21 Unions to see how it is practiced, if the Company is 22 making the argument that those Unions being silent 23 on contracting allows them to do whatever they want? 24 MS. McCLAIN: Yes. It is management's 25 right in how, you know, we utilize contractors. Rita Gardner ~ Court Reporter ~ (908) 319-1195 9 1 MR. FREDRIKSEN: Sure. So our 2 counterproposal is out there. The Company has not 3 yet responded to it. We are seeking a response. 4 MS. McCLAIN: Okay. One question -- I 5 will caucus with my team on this one, but I thought 6 we gave a response, but maybe we didn't. 7 MR. FREDRIKSEN: You asked some 8 questions and that is it. 9 MS. McCLAIN: Okay. Okay. Let me take 10 a look and caucus with my team. Right now, you have 11 the Company's offer that is on the table as well. 12 MR. FREDRIKSEN: The Union doesn't want 13 the Company's offer. 14 MR. RAGOMO: We rejected it. Our 15 membership rejected it. 16 MS. McCLAIN: I understand that they 17 rejected the offer that was on the table. However, 18 right now, you know, the provisions that we provided 19 are, you know, in response to each of these. There 20 is a counter on each of these items, it is still 21 there, but you are saying that your -- we provided 22 our document, I believe, after this, right? I am 23 just trying to understand the flow of things. 24 MR. FREDRIKSEN: Do you need some time 25 to prepare? You sound totally unprepared for today. Rita Gardner ~ Court Reporter ~ (908) 319-1195 10 1 MS. McCLAIN: Well, I am trying to 2 understand what you are bringing forward to us in 3 response to, you know, our offer. We have our offer 4 on the table, and you are saying, okay, we will go 5 back and talk through your offer from June 22, which 6 I thought we had responded to, but you are saying we 7 have only asked questions on that. So we will take 8 a look at that. 9 MR. FREDRIKSEN: If anything, your 10 attitude demonstrates that the Company is absolutely 11 not taking the Union's counterproposal seriously. 12 MS. McCLAIN: We are taking it 13 seriously. We considered it. We have had time to 14 consider from that discussion. So we will caucus 15 and get back to you. 16 MR. FREDRIKSEN: Okay. Text me. 17 MS. McCLAIN: Okay. 18 (Remote contract negotiations recessed 19 for a caucus at 10:15 a.m. EST and resumed at 11:16 20 a.m. EST.) 21 MR. FREDRIKSEN: Thanks for getting 22 back together. 23 MS. McCLAIN: So I just want to let you 24 guys know, we reviewed the Union's offer from June 25 22. As I was stating, when we first met that, you Rita Gardner ~ Court Reporter ~ (908) 319-1195 11 1 know, it was our interpretation that when we 2 provided our offer on June 29 that the Union's offer 3 from June 22 was no longer in effect or on the 4 table. 5 So we have reviewed it. We have taken 6 time to consider it and, you know, we will respond 7 today, of course that, you know, the Company rejects 8 the Union's proposal from the 22nd, and our offer 9 from the 29th stands. We just want to make clear 10 that for C2, you know, we have discussed this issue 11 many times. The importance of contracting for both 12 the Union and the Company. You know, we want 13 language that maintains the Company's, you know, 14 flexibility and doesn't limit our rights. 15 You know, we have had lots of 16 conversations and we have been through arbitration 17 on this issue, you know, that is unique to our site. 18 And in those conversations and outside issues that 19 have happened, we want to make sure that, you know, 20 we are addressing our local needs here during 21 bargaining. 22 And so you mentioned a couple times 23 that there were multiple iterations of different 24 contracting proposals over the years from the Union 25 offering something, to the Company offering Rita Gardner ~ Court Reporter ~ (908) 319-1195 12 1 something. And the Company did have a more narrow 2 contracting language on the table, which the Union, 3 you know, chose not to accept and, you know, you 4 challenged it. You didn't take it for a vote and 5 the world has since changed. 6 And you know, we are in this new 7 environment where it is even more important for the 8 Company to maintain flexibility and adjust how we 9 run our business, particularly in, you know, what we 10 are trying to address here, which is, you know, 11 memorializing how we utilize contractors on and off 12 site. 13 You know, for us, the contract already 14 has language about job protections and layoffs and 15 we are not looking to change that. We have said we 16 have no intention and no plans to create a layoff by 17 outsourcing work. However, you know, we have no 18 interest in limiting our rights in the contract so 19 that we can address the flexibility needs that the 20 Company has. 21 So that is what I will say on 22 contracting. 23 On the Savings Plan Match, we have 24 discussed the Union's proposal in the past. As we 25 gave you notice, the Match is returning October 1, Rita Gardner ~ Court Reporter ~ (908) 319-1195 13 1 2021. But we have no interest in creating a 2 separate benefit plan as your proposal requires when 3 we are grandfathering folks. 4 On holidays, I absolutely agree that 5 Juneteenth is an American holiday and that it should 6 be celebrated by everyone. You know, there are 7 other American holidays, as you put it, that are not 8 recognized in the Company's ten fixed holidays, and 9 the Company maintains that the ten holidays are 10 appropriate with the, you know, three floating 11 holidays that can be used for our personal reasons. 12 We have given the Union opportunities and things to 13 consider, and those things are still on the table. 14 So, you know, moving a current fixed holiday or 15 trading a floating holiday, but we maintain that the 16 ten days is [inaudible]. 17 The next one I just wanted to respond 18 to is, you know, our current offer does provide, in 19 our view, the highest 2021, you know, bargained 20 economics, you know, with the most total cash in the 21 circuit, like we have talked about before. You 22 know, you have introduced a concept about 23 arbitration, binding arbitration for wages, and we 24 talked about that before. You know, and we have 25 said, you know, that we, as a company, prefer that Rita Gardner ~ Court Reporter ~ (908) 319-1195 14 1 we just be bargained and we are here to bargain a 2 comprehensive agreement and so, you know, we are not 3 interested in deferring a decision on wages until 4 2023 and to have that decision, if we can't come to 5 an agreement, be made by a binding -- by an 6 arbitrator by a third-party. 7 So those are things that are in your 8 proposal that, you know, we are rejecting. I just 9 wanted to point it out that just because the 10 membership rejected the Company's offer doesn't mean 11 that the Company must automatically change its 12 offer. We believe that the Company's offer is 13 competitive and, you know, you have our best offer. 14 MR. FREDRIKSEN: Are you done? 15 MS. McCLAIN: I am. 16 MR. FREDRIKSEN: What does the Company 17 see in the value for the employees at the Clinton 18 site? Does the Company believe that the work that 19 is being done at the Clinton site is actually 20 important to the Corporation? 21 MS. McCLAIN: Of course it is. We 22 would not be working if it wasn't. 23 MR. FREDRIKSEN: Does the Company want 24 there to be a work stoppage at the Clinton site? 25 MS. McCLAIN: Why would we want that? Rita Gardner ~ Court Reporter ~ (908) 319-1195 15 1 MR. FREDRIKSEN: Throughout the 2 progress of bargaining, it is increasingly felt that 3 the head of HR for the Clinton site, JeffeLee 4 McClain, is not only encouraging a work stoppage, 5 but you are almost conditioning any change that you 6 are going to make on drastic action taken by the 7 membership. 8 MS. McCLAIN: How do you say that? 9 Because, if I recall, the membership, you know, took 10 a work stoppage at that time, and the Company didn't 11 change its position at that time. I mean, it is up 12 to you as to whether or not you want to have a work 13 stoppage. The Company isn't promoting or we take no 14 position on that. We, of course, wouldn't want 15 employees to do that. However, the Company is here 16 to negotiate. We have been negotiating. I have 17 been negotiating. I am telling you what the 18 Company's offer is at this time, what our best offer 19 is at this time. That is what you are telling me or 20 intimating that the Union is going to choose to do. 21 MR. FREDRIKSEN: Is that what I said? 22 MS. McCLAIN: Well, you are saying that 23 I am trying to force you to do something. You are 24 accusing me of -- 25 MR. FREDRIKSEN: I am accusing you. Rita Gardner ~ Court Reporter ~ (908) 319-1195 16 1 MS. McCLAIN: -- a work stoppage when I 2 have never used that language or done anything to, 3 you know, to do so. You are the one bringing it up. 4 MR. FREDRIKSEN: Make no mistake, I am 5 accusing you. I am not saying anything about what 6 we are doing or considering. 7 MS. McCLAIN: So how would you -- 8 MR. FREDRIKSEN: That was, in fact, an 9 accusation. 10 MS. McCLAIN: That is what I am trying 11 -- I don't understand, Tom. How would you accuse me 12 of, you know -- what was the term that you used? 13 MR. FREDRIKSEN: Work stop -- 14 encouraging a work stoppage. 15 MS. McCLAIN: Encouraging a work 16 stoppage. How so? 17 MR. FREDRIKSEN: It is a comprehensive 18 exhibition of behavior. The Company hasn't made any 19 significance changes to its proposal in a very long 20 time. The Company really doesn't take any of our 21 proposals seriously. We have taken a lot of time to 22 make very creative proposals, and the Company just 23 says no, no, no, no, no. Furthermore, the Company 24 doesn't have any rights to some of these proposals. 25 And the fact that the Union is even entertaining it Rita Gardner ~ Court Reporter ~ (908) 319-1195 17 1 is out of our -- is out of nothing more than our 2 good grace. 3 So the Company should actually be 4 thankful for what they already have on the table 5 from the Union in terms of C2. The Company has 6 never been able to identify any limitation from the 7 Union's proposals that they need to circumvent. The 8 vague claims that have moving goal posts. What is 9 it that the Union's proposals prevent the Company 10 from doing that is in the Company's interest? That 11 question is very important, and you have never been 12 able to answer it. 13 MS. McCLAIN: I disagree. I think we 14 have given answers. 15 MR. FREDRIKSEN: So if you can't answer 16 those questions, you are not really bargaining. 17 MS. McCLAIN: I disagree. We have been 18 bargaining. We have given you answers to those 19 questions. 20 MR. FREDRIKSEN: What is the answer? 21 MS. McCLAIN: Do you have your 22 proposal? You have our answer. 23 MR. FREDRIKSEN: You still have our 24 proposal, so -- what does our proposal prevent the 25 Company from doing that you need to do? Rita Gardner ~ Court Reporter ~ (908) 319-1195 18 1 MS. McCLAIN: Our flexibility. 2 MR. FREDRIKSEN: Specifically. 3 MS. McCLAIN: And how we utilize 4 contractors. That is specific. 5 MR. FREDRIKSEN: No, it is not. 6 MS. McCLAIN: You are telling us. 7 MR. FREDRIKSEN: No, it is not. That 8 is not specific. 9 MS. McCLAIN: To me, that is specific. 10 MR. FREDRIKSEN: I think you need to 11 take a step back and realize that a specific example 12 of something that the Company needs to do is 13 probably not something that you are capable of 14 answering. Yuk Louie probably is. Why don't you 15 let her talk? 16 MS. McCLAIN: Either one. It doesn't 17 matter who speaks about it. We are speaking on 18 behalf of the Company. But in my -- like I said, in 19 our opinion, you have, you know, what we believe is 20 an appropriate rationale. I know it is stuff that 21 you don't want to hear, but it is. It is our 22 Company's answer. 23 MR. FREDRIKSEN: In your opinion, as 24 the head of HR, when is the next report to the 25 shareholders? Do you think that report would go Rita Gardner ~ Court Reporter ~ (908) 319-1195 19 1 better or worse if the Company's flagship site for 2 research and development, decarbonization, meeting 3 the dual energy challenge, if the workers at that 4 site were so unhappy that they had a work stoppage? 5 Just as a thought experiment. How do you think that 6 meeting would go? 7 MS. McCLAIN: I am not going to 8 entertain a hypothetical. Right. To us, I don't 9 know what our shareholders may or may not think 10 about what you choose to do. I can tell you that 11 for us, of course we want folks to continue coming 12 to work, provide them a good wage to support their 13 families, and, you know, if you choose a work 14 stoppage, right, that is your decision. 15 The Company has to be, and will be 16 prepared to continue to operate, but I don't purport 17 to assume or have a crystal ball as to what someone 18 else might view of what you decide to do. 19 MR. FREDRIKSEN: What is your opinion? 20 How do you think that would look? How would you 21 feel about it JeffeeLee? 22 MS. McCLAIN: I don't have an opinion 23 about it. 24 MR. FREDRIKSEN: You just don't care? 25 You don't care about the employees at the site? Rita Gardner ~ Court Reporter ~ (908) 319-1195 20 1 MS. McCLAIN: That is not what I said. 2 What I said is, I don't have an opinion as to 3 whether or not you choose a work stoppage. I would 4 hope that you don't. I would hope that that is not 5 the case. 6 MR. FREDRIKSEN: Do you want with your 7 employees to be happy? 8 MS. McCLAIN: Of course we all do. We 9 all want to come to work and be content and happy, 10 and we believe that we provide a work environment 11 that is such. 12 MR. FREDRIKSEN: Do you think the 13 employees would be happy if they were considering a 14 work stoppage? Do you think that would be an 15 exhibition of happiness? 16 MS. McCLAIN: There are varying reasons 17 why people choose a work stoppage. You would have 18 to let me know. Right. I can tell you what we have 19 been trying to do, which is put an offer on the 20 table with wages since 2018 with increases every 21 year. You know, we have told you what, you know, 22 this -- what impact this proposal would have on our 23 employees today, which is none. You know, at this 24 time, we have no plans. However, if you want to 25 threaten the Company with a work stoppage, if you Rita Gardner ~ Court Reporter ~ (908) 319-1195 21 1 want to, you know, insight your team for a work 2 stoppage, that is up to you. Right. 3 MR. FREDRIKSEN: Do you think I 4 threatened you with a work stoppage? 5 MS. McCLAIN: You are the one bringing 6 it up. I have no reason why this is something to 7 even talk about it. Right. It is not on our minds 8 at all. 9 MR. RAGOMO: I disagree that you said 10 you had increases since 2018. Didn't you start with 11 zero? 12 MS. McCLAIN: No. 13 MR. RAGOMO: Wasn't the Company's 14 position zeros? No? 15 MS. McCLAIN: In the last best and 16 final offer given in July of 2018. 17 MR. RAGOMO: Okay. Then my apologies. 18 I remembered incorrectly. May I ask you a question? 19 What do you believe the word "negotiation" means? 20 How would you define it? 21 MS. McCLAIN: We have gone over this 22 many times before. 23 MR. RAGOMO: I haven't. 24 MS. McCLAIN: It has been discussed -- 25 MR. RAGOMO: I was not -- would you Rita Gardner ~ Court Reporter ~ (908) 319-1195 22 1 just -- 2 MS. McCLAIN: What we are doing here 3 today. We are sitting, we are talking about 4 proposals. We are trying to find a common ground. 5 We are trying to find issues that -- and ways and 6 solutions. But again, just because there is -- a 7 proposal from your side does not mean that the 8 Company has to change its proposal. And just 9 because we make a change, doesn't mean that you have 10 to make a change. It is, though, that we come 11 together, we consider, we talk, we try to find 12 options that we can both agree to and reach an 13 agreement that is beneficial. 14 MR. FREDRIKSEN: What are the Union's 15 options, JeffeeLee? 16 MS. McCLAIN: I don't know. You have 17 to determine your options. 18 MR. FREDRIKSEN: So you accuse me a 19 threatening a work stoppage. I would like you to 20 point out where I did so. 21 MS. McCLAIN: Well, you accused me of 22 inciting one and I asked you to point where I did. 23 MR. FREDRIKSEN: I did, and I admitted 24 as such. So where did I accuse you of a work 25 stoppage? Or where did I threaten you -- Rita Gardner ~ Court Reporter ~ (908) 319-1195 23 1 MS. McCLAIN: Well, you accused me 2 multiple times. 3 MR. FREDRIKSEN: I was only asking you 4 questions. I am only asking you questions. 5 MS. McCLAIN: -- that I am inciting the 6 Union to take such action. To me, that is an 7 inherent -- 8 MR. FREDRIKSEN: I am accusing you of 9 doing so. I am not threatening to do so myself. 10 Make no mistake. 11 MS. McCLAIN: Well, that is what it 12 seems when I didn't even bring it up. I haven't 13 even -- I don't think I have taken any action to 14 incite anyone, but you are the person, right, 15 bringing up the topic of work stoppage. 16 MR. FREDRIKSEN: I think it is 17 important to talk about. 18 MS. McCLAIN: In what way? 19 MR. FREDRIKSEN: In the way that the 20 Company's behavior, the comprehensive way that the 21 Company's behavior has been demonstrated time and 22 time again is that you have no interest in moving. 23 You have no interest in hearing the Union's side of 24 things. You have no interest in entertaining any of 25 it. The answer is no, no, no, no. Rita Gardner ~ Court Reporter ~ (908) 319-1195 24 1 MS. McCLAIN: I disagree. 2 MR. FREDRIKSEN: There is nothing that 3 we can or have been able to do to change your mind 4 to this point. 5 MS. McCLAIN: I disagree. There were 6 options on the table many times over where the 7 Company changed its position, right, where we had 8 retroactivity on the table, where we had other -- 9 you know, we talked about increases. There are many 10 things that we have done over the years. 11 MR. FREDRIKSEN: But not contracting. 12 MS. McCLAIN: However, right now, what 13 we have on the table before us, you know, is the 14 Company's best offer. 15 MR. FREDRIKSEN: Okay. We are going to 16 take a caucus. I will be in touch. 17 MS. McCLAIN: Okay. 18 (Remote contract negotiations adjourned 19 at 11:35 a.m. EST and resumed at 1:18 p.m. EST.) 20 MR. FREDRIKSEN: Thanks for getting 21 back together. I just want to take a minute to 22 emphasize something. Maybe we can have dialogue 23 about this. The membership's interest in grievances 24 with the Company's current proposal don't seem to be 25 reflect in the way that you described it. You Rita Gardner ~ Court Reporter ~ (908) 319-1195 25 1 always leave it to the raises, the ratification 2 bonus. I just want to make it clear to you that our 3 membership's signaled to us loud and clear that 4 money is not the issue here, the issue is the 5 Company's unfair and unjust contracting out 6 proposals. By insisting on that language, you are 7 alienating your employees. 8 I have had an e-mail sent to me by an 9 individual, like I said this morning, who up to 10 recently was rather critical, or rather I should say 11 skeptical kept of how the relationship was between 12 the Company and the Union, and I would like to read 13 this to you. 14 "I wanted to reach out and say at this 15 point I am disheartened and appalled by what the 16 Company is doing. For ACT specifically, we have 17 lost so many technicians in the last year. We have 18 lost all the contractors. We have lost multiple 19 people to retirement. We have lost people for 20 greener pastures. I have always felt pride coming 21 to work for ExxonMobil, but now all I feel is this 22 sick, sinking feeling before I get out of my car in 23 the morning. Coworkers are depressed and feeling 24 hopeless. 25 On top of the low morale, we have Rita Gardner ~ Court Reporter ~ (908) 319-1195 26 1 several members taking on more and more work to 2 cover the gaps, never getting recognized for the 3 increased workloads, and then being asked to take on 4 one other thing. Management feels guilty asking, 5 but what other choice do they have? What choice do 6 we as technicians have? 7 We want to see this Company succeed. 8 My group, in particular, was back on site a week 9 after everyone was sent home. We literally worked 10 through the entire pandemic just to get a socially 11 distanced, that-a-boy pat on the shoulder. No 12 raises, no incentives, just "Hey, do this one more 13 thing too." When does it stop? Where does this 14 end? 15 Why keep offering us a contract that 16 clearly will cause more instability than there are 17 already is? Haven't we worked hard enough to prove 18 that we deserve respect? People willing endanger 19 themselves to be here, trusting Exxon to do the 20 right thing. Well, trust us to continue to work our 21 butts off. All people are asking for in exchange is 22 a raise and stability." 23 This was an unsolicited e-mail that I 24 got a few days in advance of bargaining from 25 somebody that I had never heard from before. So I Rita Gardner ~ Court Reporter ~ (908) 319-1195 27 1 just want you to think about that, and to keep that 2 in mind when you continue to make the point about 3 this being about the ratification bonus or whatnot. 4 The membership has clearly signaled that it is not 5 about that. 6 So that being said, I would like to 7 take a minute to go through our C2 proposal and ask 8 the business what it is that they really need. In 9 order for us to formulate a counterproposal that 10 will meets the Company's needs. We need to 11 understand the actual problems, and saying it 12 doesn't have enough flexibility is not very good 13 guidance. 14 So with that being said, our proposal, 15 as it stands, allows -- as we have submitted, allows 16 the Company to perform work off-site. What it 17 doesn't allow you to do is create a surplus of 18 employees by doing so and leading this to a 19 reduction of hours, layoff, demotion, or backdown of 20 existing employees. Does the Company take exception 21 with that? 22 MS. McCLAIN: So we take exception to, 23 like I said, limiting what the Company can or can't 24 do in making decisions around running the business. 25 And so this says that the Company cannot determine, Rita Gardner ~ Court Reporter ~ (908) 319-1195 28 1 you know, what work should be done off-site or by 2 whom. And, you know, if there is an option that 3 unfortunately would create a surplus, it does not 4 say that that is going to result in a layoff. The 5 Company has never said that in every single case 6 that that is what is going to happen. But having 7 the flexibility to identify what work is value added 8 to us as a company, as for our employees to focus 9 on, if there is something better in the market to do 10 that, we want the flexibility to do that. We want 11 the flexibility to redirect our folks where we see 12 the value is. 13 MR. FREDRIKSEN: So redirect our folks. 14 I am glad you said that. 15 MS. McCLAIN: That is our -- you know, 16 that has always been our focus. And to me, this 17 limits us in saying that we can't make the decision 18 about moving work off-site if it creates a surplus. 19 MR. FREDRIKSEN: Hey, it was your idea 20 to talk about this. It was your idea to talk about 21 this JeffeeLee. You brought it up. You guys made 22 this proposal. You made it for no reason. 23 So -- but you made a comment and I want 24 to address that. You said "move our folks around." 25 That is something that we absolutely bend over Rita Gardner ~ Court Reporter ~ (908) 319-1195 29 1 backwards to already help the Company. You already 2 have the flexibility to do that. 3 MS. McCLAIN: Okay. 4 MR. FREDRIKSEN: Steve can give you -- 5 can provide you with plenty of examples of many 6 different departmental changes, group changes, 7 workload changes people have had in the Bargaining 8 Unit to allow the Company the flexibility it needs 9 to run its business. You already can do that. 10 MS. McCLAIN: That is correct. 11 MR. FREDRIKSEN: So the thing that you 12 are saying that you want to do is you want to be 13 able to layoff employees and send their work 14 off-site because currently you have the right to 15 move employees around. 16 MS. McCLAIN: That is not what we are 17 saying. What we want to be able to do is to 18 identify the work that needs to be done on-site by 19 our employees if it comes to a decision that 20 unfortunately a layoff has to happen that we still 21 have those options on the table. It is not saying 22 that we plan to do that, that we will do that, that 23 that will happen or that, you know, the Company 24 intends for that to happen. 25 MR. FREDRIKSEN: But you want to be Rita Gardner ~ Court Reporter ~ (908) 319-1195 30 1 able to do it. 2 MS. McCLAIN: This is thoroughly 3 restricting. This is saying that if we outsource 4 work, it cannot create a surplus. 5 MR. FREDRIKSEN: But you want -- 6 MS. McCLAIN: Yet we can't move people 7 around. 8 MR. FREDRIKSEN: Yes, that is right. 9 You want the ability to do that. That is what you 10 want with your proposal. 11 MS. McCLAIN: This is saying that we 12 can't do what you are saying we have always done 13 that we have always had the right to do. 14 MR. FREDRIKSEN: Excuse me, when have 15 you done that? Provide me with one single example 16 of when you declared a surplus and then sent the 17 work off-site. 18 MS. McCLAIN: I would have to go back 19 and look at, you know, what we have said. 20 MR. FREDRIKSEN: So you just made a 21 baseless claim, JeffeLee. Come one. 22 MS. McCLAIN: No. 23 MR. FREDRIKSEN: You are making this 24 hard for me. 25 MS. McCLAIN: We are talking about Rita Gardner ~ Court Reporter ~ (908) 319-1195 31 1 declaring a surplus or moving people around to where 2 the work is necessary. 3 My understanding, I believe we had work 4 that went down. We had a surplus in -- was it 5 Graphics Design? 6 MR. FREDRIKSEN: That is not what 7 happened. We talked about Graphics Design. How 8 many more times are we going to talk about Graphics 9 Design? That is not what happened. Those employees 10 all kept their jobs. 11 MS. McCLAIN: No, they moved. We moved 12 -- was it Jessie? We moved Jessie from that role to 13 another role. We moved -- right? 14 MR. FREDRIKSEN: The Bargaining Unit 15 was not attrited in any way. So I will turn your 16 attention to the last sentence. "The Company may 17 not outsource work to erode the Bargaining Unit or 18 otherwise restrict or limit its growth." The 19 Company, at the time, was saying that you were going 20 to repurpose the space to use for represented 21 employees. 22 MS. McCLAIN: Correct. 23 MR. FREDRIKSEN: That was a different 24 thing. Like you keep bringing it up as though you 25 did this, like it was a surplus and you laid those Rita Gardner ~ Court Reporter ~ (908) 319-1195 32 1 people off. That is not what happened. 2 MS. McCLAIN: Then what happened -- 3 MR. FREDRIKSEN: Then provide an 4 example of when that happened. 5 MS. McCLAIN: What I am saying is there 6 is there was -- if there a vacancy, we will do all 7 the things that we have done, right? We have placed 8 people in roles. We have backed out contractors. 9 We have done, and always had the right to do those 10 things, and will continue to do those things. 11 MR. FREDRIKSEN: But you are telling me 12 I am supposed to work off of a pinky promise that 13 you are going to continue doing it if the contract 14 language allows you to do much worse things. Like, 15 you can't expect me to believe that when you tell me 16 that it is not your intent to do something that I am 17 -- you can't possibly believe that I would fall for 18 that, JeffeLee, that I would hear you say that and 19 think that means anything about what goes into the 20 contract. I don't believe that you believe that. 21 MS. McCLAIN: So it is up to you to 22 believe you whatever you want to believe. I am 23 telling you what the Company's intents are, what are 24 plans are. 25 MR. FREDRIKSEN: Make your proposals Rita Gardner ~ Court Reporter ~ (908) 319-1195 33 1 around what your intents are, JeffeLee. Why can't 2 you do that? 3 MS. McCLAIN: But it is. 4 MR. FREDRIKSEN: If that is your 5 intention, make your proposal as such. 6 MS. McCLAIN: It is our intent and it 7 is what we have said. There are protections. We 8 are not making changes to the rest of the contract. 9 We are not making changes to what we have done. We 10 are not making changes to layoff language or any of 11 the provisions in the contract. 12 MR. FREDRIKSEN: Where does it say in 13 the rest of the contract that you can, without 14 limitation, have any work of a type customarily 15 performed by bargaining unit employees performed 16 off-site? Where does it say that? What lends you 17 the right to do that in the contract already? 18 MS. McCLAIN: So in the contract, that 19 is why it is necessary for it to be here because we 20 are wanting a comprehensive understanding of 21 contracting? Right? We want to memorialize the 22 work that we have done off-site today, in the past, 23 and possibly will need to happen in the future. We 24 don't know what that is going to look like. 25 MR. FREDRIKSEN: All right. Rita Gardner ~ Court Reporter ~ (908) 319-1195 34 1 MS. McCLAIN: But that is why we had to 2 put it here. 3 MR. FREDRIKSEN: All right. So you 4 gave us an information request that has a bunch of 5 great examples of subcontracting language that has a 6 lot of really strong Union protections in there. So 7 let's talk about that for a minute because these are 8 contracting languages that are within ExxonMobil 9 that Craig Stanley touted as this broad range of 10 things that allow the Company to do so many things, 11 and so we should be lucky to be having the proposal 12 that you gave to us. So let's talk about some of 13 other, quote/unquote, worse proposals. 14 MS. McCLAIN: Hang on one second. Let 15 me pull up what I sent you. 16 MR. FREDRIKSEN: I'll share it. I have 17 got it. 18 Number one, contract work. This is for 19 the SWVU Union in LaBarge, Wyoming. "The Company's 20 right to contract shall be subject to the following 21 limitations: The Company will not work" -- I guess 22 that is supposed to be "contract work customarily 23 performed by employees covered by this agreement for 24 the purpose of causing a layoff of present 25 employees. Nothing contained in this article shall Rita Gardner ~ Court Reporter ~ (908) 319-1195 35 1 be construed as requiring the Company to engage in 2 or continue unsound business practices." 3 So how about that language? Would you 4 put that language in the contracting proposal? 5 MS. McCLAIN: I don't know why that -- 6 again, like I said, right, our contract, we are 7 negotiating, is specific to our situation. This 8 contracting language is specific to our situation 9 here at Clinton. I don't know what is in any of 10 these other contracts, why they agreed to that 11 language. 12 MR. RAGOMO: But you -- 13 MS. McCLAIN: That is the language that 14 we are proposing for our contract. 15 MR. RAGOMO: Yeah, okay. So at one 16 point in time you were telling us that we have to 17 align with others; now you are telling us that it is 18 specific to ours. Which is it? 19 MS. McCLAIN: Yeah, and in certain 20 cases both are true. 21 MR. RAGOMO: Holy Christopher Columbus. 22 I guess that is kind of like what is the definition 23 of temporary. 24 MR. FREDRIKSEN: But she just gets to 25 pick and choose which situations you apply that Rita Gardner ~ Court Reporter ~ (908) 319-1195 36 1 stuff to. This is crazy. 2 MR. RAGOMO: Amazing. Amazing. 3 MR. FREDRIKSEN: Let's go to another 4 one, shall we. 5 "The Company will not contract work 6 customarily performed by employees covered by this 7 agreement when said employees are available and 8 qualified to do the work." 9 How about that? That is pretty good. 10 MS. McCLAIN: For that location. 11 MR. FREDRIKSEN: Can we have that? 12 MS. McCLAIN: Again, I don't know what 13 the situation that prompted that. I don't know what 14 their entire contract would say. I haven't looked 15 at all 26 of these to match them up one for one with 16 what we get here. 17 MR. FREDRIKSEN: All right, let's jump 18 ahead. This is in Santa Barbara, California, 19 contract labor. 20 "The Company's right to contract work 21 shall be subject only to the following limitations. 22 The Company will not contract work customarily 23 performed by employees covered by this agreement for 24 the purpose of causing a layoff of employees 25 qualified to perform the work with available Rita Gardner ~ Court Reporter ~ (908) 319-1195 37 1 company-owned equipment." 2 I am starting to see a pattern here. 3 "The Company will avoid, where 4 possible, entry into work where is periodic seasonal 5 or temporary, certain types of work, such as cement 6 work." 7 This sounds very specific. So this is 8 specific to their site, right? 9 "Certain types of work, such as cement 10 work, carpentry, painting, road building, et cetera, 11 are obviously periodic, seasonal or temporary in 12 nature, and ordinarily will be done by contract 13 since this type of work is not a primary function of 14 the production department. In completing a job 15 begun by ExxonMobil employees, it is not intended 16 that contract labor be used as a means of keeping 17 regular Company employees from acquiring overtime 18 when overtime is necessary." 19 So other than C, which sounds real 20 specific to their site, I don't really see this as 21 being that specific to any particular location. It 22 just says you can't use contracting to perform a 23 layoff. And it says that employees get the first 24 bid on overtime. Both of those things are things 25 that you did not agree to include in your proposal. Rita Gardner ~ Court Reporter ~ (908) 319-1195 38 1 So just like -- go through this -- 2 MS. McCLAIN: I don't recall any -- and 3 maybe it is just my lack of recollection, but I 4 don't recall in your proposal here today that there 5 is anything about -- are you proposing overtime 6 language? I didn't see that here. 7 MR. FREDRIKSEN: It is not in the 8 current proposal, but the Company has made comments 9 on that in the past. You didn't want to put it in 10 the proposal, you said we already had the right to 11 it, but you didn't want to put it in the proposal. 12 MS. McCLAIN: Okay. I thought I missed 13 something in this current proposal you are talking 14 about. 15 MR. FREDRIKSEN: No, it is not in the 16 current one. 17 Jump ahead here. Some of these are 18 real long. 19 "Maintenance. Making work 20 assignments." Yes, this is real specific. So some 21 of these are obviously specific and some of them are 22 not. The ones that I have read are really not that 23 specific. 24 "As part of its right to assign work, 25 the Company has the right to contract the following Rita Gardner ~ Court Reporter ~ (908) 319-1195 39 1 based on the refinery process bargaining unit work. 2 As long as the contracting does not cause layoff or 3 delay recall of represented employees qualified to 4 perform the contracted work. 5 "One. Work that contractors currently 6 perform. Two. Temporary performed by qualified 7 contractors due to emergencies that will not reduce 8 employee overtime. Not to exceed 14 days, unless by 9 mutual agreement." 10 MR. RAGOMO: Wow. 11 MR. FREDRIKSEN: "Three. Work that 12 employees do not perform on a routine prescheduled 13 and predetermined basis, and/or for work that 14 bargaining unit employees are not qualified to 15 perform provided that upon the Union's request, the 16 Company will bargain whether to train employees to 17 become qualified to eventually perform this work 18 safely and efficiently." 19 That was pretty good. How about that 20 one? 21 MS. McCLAIN: Can you read the rest of 22 that one? 23 MR. FREDRIKSEN: Oh sure. 24 "As to the above-described work, this 25 is the only provision to this agreement governing Rita Gardner ~ Court Reporter ~ (908) 319-1195 40 1 contracting. As to the other process contracting, 2 the Company will provide the Union with notice and 3 the opportunity to request bargaining. 4 "The above Paragraph C, the provisions 5 have no effect on contracting in the mechanical 6 department and neither the Union or the Company 7 waive any rights or arguments as to the mechanical 8 department contracting." 9 MS. McCLAIN: So that seems pretty 10 specific. 11 MR. FREDRIKSEN: That part, yes, it is 12 a little specific. 13 MS. McCLAIN: In totality, right, it 14 goes together. Okay. I just wanted to make sure we 15 were reading the full article. 16 MR. FREDRIKSEN: But the sentiment is 17 clear, JeffeeLee. If you can't identify a theme 18 between all these proposals, then you are just being 19 intentionally dense. It means protect the Inions' 20 jobs. You can contract out work, but you can't use 21 it to make a layoff happen. 22 MS. McCLAIN: Again, we don't know what 23 else is in this contract or these individual 24 contracts, we are a one-off or trades or whatever 25 the case may be. Our contracting proposal Rita Gardner ~ Court Reporter ~ (908) 319-1195 41 1 enumerates the positions, which is very clear that 2 we will not contract out. It enumerates the 3 positions and limits the Company's rights where 4 these generalizations do not. Right? 5 So our agreement is specific to our 6 situation that we have been working on that we have 7 had discussions about and, you know, addresses our 8 needs here at our site. So, you know, what they 9 have done at their site, that obviously works for 10 them if it is in their agreement. For us, we need 11 to clarify, right, our agreement? We need -- that 12 is what we have been talking about, this and many 13 other things for four years. But we need to clarify 14 what is in our proposal and in our contract, and you 15 have what our interpretation and recommendation is 16 for our language. 17 MR. FREDRIKSEN: IBT41 Olathe, Kansas. 18 "The Company may use temporary contractors for a 19 period not to exceed 18 months. Temporary 20 contractors shall be limited to no more than 15 21 percent of the regular employee workforce and will 22 not be offered overtime work before it has been 23 offered to regular employees. 24 "The Company agrees that no temporary 25 contractors will be engaged if any regular employee Rita Gardner ~ Court Reporter ~ (908) 319-1195 42 1 with recall rights has not been offered reemployment 2 in accordance with Article IX. The provision of 3 this agreement do not cover temporary contractors." 4 Even though it is called the use of 5 temporary contractors. 6 "If a temporary contractor becomes a 7 permanent employee at Olathe, Kansas Grease Plant, 8 immediately following their time as a temporary 9 contract at the Olathe, Kansas Grease Plant, 50 10 percent of time worked as a temporary contractor 11 will count towards the probationary period of 12 12 months as outlined in Article IX, Section 2." 13 I am going to refresh your memory 14 because you probably don't know, but Russ Giglio 15 told us that ExxonMobil would never agree to such a 16 provision. We had a proposal on the table very 17 early on in bargaining, and ExxonMobil said capital 18 N, never. 19 MS. McCLAIN: I do not recall a 20 proposal like this. I recall a proposal where there 21 was crediting towards investing services or vacation 22 service. That was the proposal. This proposal does 23 not say that. This proposal is saying that if 24 somebody works as a contractor, then 50 -- let's 25 just say a year, and the probationary period is also Rita Gardner ~ Court Reporter ~ (908) 319-1195 43 1 a year in the contract when they are hired, the 2 probationary period is six months. 3 MR. FREDRIKSEN: Yes. That sounds 4 reasonable. I believe we did discuss that at 5 bargaining. So are you saying that you would 6 entertain that proposal? 7 MS. McCLAIN: Is it a proposal that you 8 are willing to make or are you updating this 9 proposal with that? 10 MR. FREDRIKSEN: We are working on a 11 proposal. We are working on a proposal. 12 MS. McCLAIN: I was just pointing out 13 my understanding and the difference about that. 14 MR. FREDRIKSEN: We are working on a 15 proposal, yes. 16 MS. McCLAIN: Okay. 17 MR. FREDRIKSEN: So obviously there is 18 a wide range of Union protections throughout this 19 contract. You can say it all you like that that is 20 there and this is here, but Craig Stanley and 21 yourself both have made statements that say that our 22 proposal is in line with the rest of ExxonMobil's 23 contracting out proposals. 24 MS. McCLAIN: What we said was within 25 the range -- Rita Gardner ~ Court Reporter ~ (908) 319-1195 44 1 MR. FREDRIKSEN: Stop. Stop. You 2 can't choose when to compare to other sites and then 3 say I am not allowed to do the same. That is not 4 fair. 5 MS. McCLAIN: No, what we said is, it 6 is within the range. It is within the range of the 7 types of contracting out from either none, where our 8 interpretation is management has their rights to 9 utilize contractors, and then what you see here. 10 This is within the range where we are defining it. 11 MR. FREDRIKSEN: No, it is not. Which 12 one of these -- read the whole thing and tell me -- 13 get back to me and tell me which one of these limits 14 their rights to arbitration. Which one of them? 15 MS. McCLAIN: Again, within the range 16 of totally silent on contracting to very specific on 17 the Company rights, were are in -- on the Union's 18 rights or limiting the Company's rights, we are in 19 the middle. 20 MR. FREDRIKSEN: Which one? 21 MS. McCLAIN: We are within that range. 22 MR. FREDRIKSEN: Okay. Define the 23 range for me. Which one of them is the best one 24 regarding limiting your rights under the -- 25 MS. McCLAIN: I don't know. Rita Gardner ~ Court Reporter ~ (908) 319-1195 45 1 MR. FREDRIKSEN: -- and which one is 2 the worst one? None of them do that, JeffeLee. Not 3 a single one of them limit your right to 4 arbitration. None of them. This isn't within any 5 range. It is just on its own. It is an outlier. 6 MS. McCLAIN: Our language is specific 7 to our situation, and you know, we have been 8 addressing contracting out for some time. We need 9 clarity as to what a third-party is going to look 10 at. Obviously, you know, this is necessary for our 11 site to -- 12 MR. FREDRIKSEN: Which one of them has 13 permanent contractors? 14 MS. McCLAIN: -- have language like 15 that. 16 MR. FREDRIKSEN: Which one of them has 17 language allowing permanent contractors, bargaining 18 unit work permanent contractors? 19 MS. McCLAIN: And again, I don't know 20 the totality of whatever is in these contracts. We 21 would say the folks that have absolutely nothing in 22 it. 23 MR. FREDRIKSEN: So you don't know what 24 they say, but you can confidently make statements 25 about our proposal comparing them to these Rita Gardner ~ Court Reporter ~ (908) 319-1195 46 1 proposals? You don't see how maybe that is a little 2 ridiculous? 3 MS. McCLAIN: I am not following what 4 you are saying. 5 MR. FREDRIKSEN: You are saying you 6 don't know what all of these things say. That is 7 what you just said. You said, "I don't know what 8 they all say." 9 MS. McCLAIN: Correct. 10 MR. FREDRIKSEN: But you are also 11 saying that somehow our proposal is in line with all 12 of them. If you haven't read them, then you can't 13 say that. You are just making things up. You are 14 just saying stuff. 15 MS. McCLAIN: That is not true. And 16 what we have said in the past, what I have said in 17 the past is there is a range. You can see clearly 18 here on this page Billings, Providence, there is no 19 language there about contracting -- 20 MR. FREDRIKSEN: But that just means 21 you can do whatever you want. 22 MS. McCLAIN: -- that limits the 23 Company's rights. That is one end of a range. The 24 rest of this, you know, talks about, very 25 specifically for each of these contracts, what those Rita Gardner ~ Court Reporter ~ (908) 319-1195 47 1 sites need on contracting and limiting -- 2 MR. FREDRIKSEN: Billings and Rhode 3 Island, I am going to contact them and I am going to 4 ask them how they use contractors at their site. 5 That is what I am going to do and then we will talk 6 about that. 7 MS. McCLAIN: Okay. 8 MR. RAGOMO: And, JeffeLee, since it 9 seems like some of the points we believe we are 10 making on your end and you believe you are making on 11 your end and we are trying to come to some type of 12 agreement, don't you think a mediator might help us 13 come to some type of resolution here to -- what are 14 we in, 65, 66? I don't remember the exact number, 15 but over three years, no contract. What say you to 16 a mediator? 17 MS. McCLAIN: We are not interested. 18 And I think it is 64. 19 MR. RAGOMO: My apologies. 20 MR. FREDRIKSEN: 64th day. 21 MR. RAGOMO: Thank you for the 22 correction, but you are not interested. So you are 23 not interested in trying for come to some type of 24 resolution is what I hear. 25 MS. McCLAIN: We are very interested in Rita Gardner ~ Court Reporter ~ (908) 319-1195 48 1 coming to a resolution. We just have no interest in 2 using an arbitrator -- not arbitrator -- a mediator. 3 MR. RAGOMO: A mediator. 4 MR. FREDRIKSEN: Let me see I get this 5 straight. The Company's intention is not to use 6 contracting or outsourcing to declare a surplus and 7 perform a layoff of employees, that is your 8 intention, right? 9 MS. McCLAIN: Uh-huh. That is our 10 intent. And like I said, we have no plans to do 11 that at this time. However, we are not interested 12 -- 13 MR. FREDRIKSEN: Stop. Just stop. 14 MS. McCLAIN: -- in giving up our -- 15 MR. FREDRIKSEN: But what you are 16 proposing to do is exactly that. Do I have that 17 right? 18 MR. RAGOMO: Uh-huh. 19 MS. McCLAIN: Our proposal is that we 20 maintain the flexibility to do that. 21 MR. FREDRIKSEN: Can you answer my 22 question, please? Oh, you just did, I am sorry. To 23 be able to do that, yes. Okay. Sorry, you word 24 things in such incorporate sounding ways, sometimes 25 it doesn't get through my filter. Rita Gardner ~ Court Reporter ~ (908) 319-1195 49 1 Okay. So you are proposing to have the 2 flexibility to do that. So once again -- 3 MS. McCLAIN: To decide whether or not 4 that is an option. 5 MR. FREDRIKSEN: So I have to once 6 again ask you why ExxonMobil cannot write proposals 7 that reflects their intentions. You know that this 8 is not a one and done thing, right? 9 MS. McCLAIN: We have. 10 MR. FREDRIKSEN: We can bargain it 11 again, like in 2024, or whenever the contract is up, 12 if the needs of the Company change. Your intentions 13 now are to do something. So just make your 14 proposals that way. If your intentions change in 15 2024, make your proposals then. That is how this 16 works. 17 MS. McCLAIN: And we have, we believe 18 -- at least I believe, and we believe, my team 19 believes that the language that we have here does 20 reflect our intent and does reflect what we are 21 looking for to maintain our flexibility. So -- 22 MR. FREDRIKSEN: Stop, stop, stop. 23 What the hell are you talking about? So I just 24 asked you direct questions. Your intention is not 25 to use contracting to declare a layoff or surplus, Rita Gardner ~ Court Reporter ~ (908) 319-1195 50 1 however your proposal is to allow you to do so. 2 How does your proposal reflect the 3 intention when those are the opposites? Those are 4 opposite things. 5 MS. McCLAIN: What I have said is, we 6 believe that this reflects our intent. It reflects 7 what we have told you we plan to do. There is no 8 language here that says that we will have a layoff. 9 There is no language here that says that we will 10 have a surplus. There is no language here that it 11 says that we won't hire or retain people. There is 12 nothing in this language that says that. 13 MR. FREDRIKSEN: So this proposal 14 reflects your intent. 15 MS. McCLAIN: That is why I think it 16 reflects it. 17 MR. FREDRIKSEN: So your proposal 18 reflects your intent. So your intent is to have 19 work of a type customarily performed by bargaining 20 unit employees, performed off-site by a third party 21 without limitation. That is your intent. 22 MS. McCLAIN: To have the flexibility 23 to decide whether or not we need that. 24 MR. FREDRIKSEN: So your intent is to 25 do that, yes or no? Rita Gardner ~ Court Reporter ~ (908) 319-1195 51 1 MS. McCLAIN: Our intent is to maintain 2 the Company's flexibility to do that, to decide 3 whether or not we need to do that. 4 MR. FREDRIKSEN: Is that a yes or is 5 that a no? 6 MR. RAGOMO: It might be a better 7 question asked of Yuk, for the business side. 8 MR. FREDRIKSEN: So the question was 9 posed to Yuk. Can you please answer, Yuk? 10 MS. LOUIE: We want the flexibility to 11 decide. 12 MR. FREDRIKSEN: Decide what? 13 MS. LOUIE: Whether we can take the 14 work outside and what the surplus will be or 15 whatever options. We don't have any scenario right 16 now to exercise the language, but we want the 17 flexibility to have -- to be able to decide how we 18 are going to operate our business. 19 MR. FREDRIKSEN: So your intent is not 20 to do it, but you want to have a proposal that lets 21 you do it. Do I have that right? 22 MS. LOUIE: To allow us decide which is 23 the best course of action for the Company. 24 MR. FREDRIKSEN: So how does this 25 proposal reflect your intentions? Rita Gardner ~ Court Reporter ~ (908) 319-1195 52 1 MS. LOUIE: It gives me the 2 flexibility. I told you that we don't have any -- 3 we have no case right now that we can describe for 4 you, but we want the language to allow us to decide. 5 MR. FREDRIKSEN: The Company has no 6 intention to use this language to perform a layoff 7 or a surplus? 8 MS. McCLAIN: At this time, correct. 9 MR. FREDRIKSEN: So the Company is -- 10 if the Company wanted to make a proposal that 11 reflected its intention, the proposal should read 12 that the Company shall not use work being performed 13 off-site to perform a layoff or surplus. That is 14 what it means to create a proposal that reflects 15 that intention. 16 MS. McCLAIN: No, that is not what it 17 means because that language would say we don't have 18 the right to do that. 19 MR. FREDRIKSEN: Your intentions are 20 not to do it anyway. 21 MR. RAGOMO: That is what you have 22 said. 23 MS. McCLAIN: Our intention is that we 24 have no intent to do it, right, and we have no plans 25 to do it right now. Right? That is what we have Rita Gardner ~ Court Reporter ~ (908) 319-1195 53 1 been saying. We have been saying that we want to 2 make sure this memorializes the Company's, you know, 3 right to make those decisions, to have the 4 flexibility to make those decisions if and when we 5 need to. That is what we have been saying. And so 6 a language that says we don't have the right to do 7 that -- 8 MS. LOUIE: This is a forward-looking 9 contract. 10 MS. McCLAIN: -- won't meet our need. 11 MR. FREDRIKSEN: All right. The 12 intention -- 13 MR. FERRO: So you are saying that 14 flexibility to contract the work out, but not layoff 15 anybody isn't flexible enough that you have to have 16 the ability to layoff, coupled with the third-party 17 work, because I think we are trying to separate out 18 that you can do the third-party stuff, but can't lay 19 anybody off. But you are saying that it is not 20 flexible enough without being able to do those 21 things in conjunction. Is that right? 22 MS. McCLAIN: What we are saying is we 23 want the flexibility to make the decisions, right, 24 for the business. If the decision is, we don't need 25 to utilize this language, we have the right to make Rita Gardner ~ Court Reporter ~ (908) 319-1195 54 1 that decision. If it is that we need to move work 2 off-site and not have a layoff, we have the right to 3 make that decision. If we need to move work, it 4 doesn't impact anybody -- or sorry, it impacts folks 5 and we can move them around, we want to make that 6 decision. So it talks about flexibility. 7 If it comes to a point where we need to 8 make a decision for the business that work needs to 9 move off-site and there is a surplus and we cannot 10 place them within the plant and we cannot, you know, 11 find opportunities, you know, outside of the unit to 12 place folks, because we have that right to do that 13 today, you know, whatever that may be, and 14 ultimately if it leads to a layoff, that we have the 15 right to make a decision. 16 So it is having the flexibility to make 17 all of these decisions is what we are intending with 18 this language. So it is not that we need decouple 19 one; it is that the Company wants to be able to make 20 these decisions for running our business. 21 MR. FREDRIKSEN: Intention, JeffeLee, 22 is a noun. It means it is an aim or plan. 23 Intention is a mental state that represents a 24 commitment to carrying out an action or actions in 25 the future. Intention involves mental activities, Rita Gardner ~ Court Reporter ~ (908) 319-1195 55 1 such as planning and forethought. The Company is 2 saying that their intention is not to use 3 outsourcing or contracting to declare a layoff or 4 surplus. Their intention is not to do that. Their 5 plan is not to do that. Their aim is not to do 6 that. Their goal is not to do that. 7 I asked you why you can't make a 8 proposal that reflects your intention, and you keep 9 telling me that it does. But your proposal reflects 10 the opposite. Your proposal reflects an intention 11 to do that. It reflects a plan to do that. It 12 reflects a goal to do that, to declare a surplus and 13 lead to a layoff with contracting and outsourcing. 14 MS. McCLAIN: No, what it says is that 15 we maintain the right, if we decide to make -- it 16 maintains the right for us to decide whether or not 17 we want -- we need to do this. 18 MR. FREDRIKSEN: There we go. There we 19 go. That is what you want. 20 MS. McCLAIN: It is not that we intend 21 for that, that we plan on it. It is that we need 22 the flexibility to make those several types of 23 examples of decisions that I laid out. 24 MR. FREDRIKSEN: So we are making 25 progress because now you are admitting that you did Rita Gardner ~ Court Reporter ~ (908) 319-1195 56 1 not make your proposal based on your intentions. So 2 I have to ask you again why you can't make your 3 proposal based on your intention. 4 MS. McCLAIN: I maintain that it is 5 based on our intention. 6 MR. FREDRIKSEN: So it is your plan to 7 perform a surplus or layoff using outsourcing or 8 contracting? 9 MS. McCLAIN: We have told you that it 10 is not our plan to do so, and we have no plans to do 11 so at this time. We have told you that. 12 MR. FREDRIKSEN: So if your intention 13 is not to do that, how does this proposal reflect 14 your intention? 15 MS. McCLAIN: You are not hearing what 16 my intention is, which is to allow and give the 17 Company and maintain the Company's flexibility to 18 make those decisions. This is what we believe our 19 language does. 20 MR. FREDRIKSEN: They call this a 21 failure to communicate. Arguing about the 22 definition of words. 23 MS. McCLAIN: Correct. 24 MR. RAGOMO: A mediator might help with 25 that. Rita Gardner ~ Court Reporter ~ (908) 319-1195 57 1 MS. LOUIE: Tom, you keep on saying 2 that our -- we have to -- 3 MS. McCLAIN: We lost someone. 4 MS. LOUIE: Tom, you said that we need 5 to state our intention in the contract and we did. 6 Our intention is to have language in the contract to 7 give us flexibility. That is our intention. 8 MS. McCLAIN: That is what we have said 9 all along. 10 MS. LOUIE: That is exactly what we 11 did. 12 MR. FREDRIKSEN: But she keeps saying 13 that you don't intend to do it that way. 14 MS. LOUIE: No, we intend to have 15 contract language that gives us flexibility. 16 MR. FREDRIKSEN: You want to have 17 contract language that gives you flexibility. 18 MS. LOUIE: That is our intent. 19 MS. McCLAIN: That what we believe -- 20 MS. LOUIE: That is our objective in 21 this contract language. 22 MR. FREDRIKSEN: But your intention is 23 not to do that. 24 MS. McCLAIN: I don't -- 25 MR. FREDRIKSEN: You intend to use Rita Gardner ~ Court Reporter ~ (908) 319-1195 58 1 contracting to perform a layoff. 2 MS. LOUIE: But that is not the -- you 3 keep on saying that we have to write language to 4 address that intent, and we are saying that our 5 intent is for flexibility. 6 MS. McCLAIN: Right, and it doesn't say 7 that we will. It doesn't say that we will have a 8 layoff. It doesn't say that we aim to have a layoff 9 in this language. It doesn't say that, you know, 10 any of the things that you are saying it does. 11 You are saying that this language, you 12 know, says we will have a layoff. We intend to have 13 layoffs. It doesn't say that. It says that -- and 14 again, our intent is to maintain the flexibility to 15 decide where work gets done. 16 MR. RAGOMO: Without the intention of 17 laying people off. 18 MS. McCLAIN: And we have told you 19 that. That is not our intent. That is not our plan 20 to do that at this time. 21 MR. RAGOMO: So where other contracts 22 have that in writing, you refuse to do that. 23 MS. McCLAIN: We are not interested in 24 that. We believe that -- 25 MR. RAGOMO: Exactly. There you go. Rita Gardner ~ Court Reporter ~ (908) 319-1195 59 1 You are not interested in that. 2 MS. McCLAIN: Because there is nothing 3 in the language that says that we will do that. 4 MR. RAGOMO: Oh, so I have to take you 5 at your word? Is that what you expect? I need to 6 take you at your word when we have been lied to, to 7 our face? 8 MS. McCLAIN: That is why we are here. 9 I am not even going to go down that with you. This 10 is what we have said here -- 11 MR. RAGOMO: Okay. 12 MS. McCLAIN: -- and I believe that it 13 reflects what we are saying. 14 MR. RAGOMO: So -- so the dog and pony 15 show that Vijay put on to sit there and try to 16 entice people with a money grab, what was the intent 17 there? What were you trying to do there? What were 18 you trying to accomplish with that? 19 MS. McCLAIN: It was his meeting, he 20 wanted to speak with his employees. 21 MR. RAGOMO: Oh, please. 22 MR. FREDRIKSEN: So I am going to use 23 an analogy because sometimes that is helpful when 24 you are going through therapy to try to use 25 analogies, and that is what I think we need to do, Rita Gardner ~ Court Reporter ~ (908) 319-1195 60 1 is we need to get therapy. The therapist in this 2 case would be a mediator, but because you refuse to 3 do it, I am going to step in. 4 If you were a newlywed couple or, you 5 know, you were trying to get married with somebody, 6 they have these agreements called prenuptials that 7 stipulate how assets are going to be divided in the 8 case that the marriage falls apart. In those 9 agreements, they usually have specific things 10 outlined for what one party or the other can and 11 cannot do. 12 If you were one party who was engaging 13 in this kind of contractual work with a person, and 14 they were to put in their proposal to you that they 15 want to retain the right to burn down your house or 16 kill your dog, but they don't intend to do that, 17 would you take them at their word or would you let 18 them write that into the agreement? 19 MS. McCLAIN: I don't see how that is 20 similar at all to what we are putting here. 21 MR. FREDRIKSEN: That is because the 22 Company is not capable of abstract thought. It is 23 something that is allowing you the contractual right 24 to do something -- 25 MS. McCLAIN: No, it is that I don't Rita Gardner ~ Court Reporter ~ (908) 319-1195 61 1 agree with your analogy. I don't see how it is 2 appropriate here. 3 MR. FREDRIKSEN: We are trying to write 4 a contract here, right? Right? 5 MS. McCLAIN: And your point is? 6 MR. FREDRIKSEN: A contract -- 7 MS. McCLAIN: I am trying to get to the 8 point. 9 MR. FREDRIKSEN: A contract allows 10 somebody the right to do something, right? 11 MS. McCLAIN: It allows the right or it 12 limits it. 13 MR. FREDRIKSEN: Or it limits the 14 right, yes. Now, if somebody were to write 15 something unsavory in a contract with you, but then 16 promised not to do it, what would your reaction be? 17 MS. McCLAIN: Again, there are many 18 things that are, you know, not optimal to the 19 Company. I will speak specifically to our contract 20 here. That we are -- you know, it is not optimal 21 for us to have to enumerate which jobs we will or 22 will not permanently contract out, but we have done 23 that. We have outlined -- Yuk can tell you, it is 24 not optimal for her to have to provide notice all 25 the time of whatever contracts, but we do that and Rita Gardner ~ Court Reporter ~ (908) 319-1195 62 1 we agree to that. 2 So in our contract, we believe that we 3 have done things with regard to contracting out that 4 are things that we do not prefer to have in the 5 contract, but are putting in the contract and are 6 putting in the proposal. 7 MR. FREDRIKSEN: You can't answer 8 direct questions. 9 MS. McCLAIN: That is my view. 10 MR. FREDRIKSEN: This isn't about quid 11 pro quo. 12 MS. McCLAIN: I think this is 13 irrelevant question, Tom. I don't want to go there. 14 MR. FREDRIKSEN: It is not irrelevant. 15 MS. McCLAIN: I want to stick to what 16 we are doing here, which is bargaining on our 17 contract, on our proposal. 18 MR. FREDRIKSEN: It is not irrelevant. 19 I am talking about our contract. You are proposing 20 to be able to do something that is not allowed 21 currently, and we say we don't want you to do it. 22 But you are telling me we promise not to do it. 23 That is what is happening here. 24 MS. McCLAIN: What we are saying, and 25 what I am saying is I have -- you asked me, are Rita Gardner ~ Court Reporter ~ (908) 319-1195 63 1 there things that you are willing to consider, 2 right? If you don't like something, would you agree 3 to it? And I am showing you where there are things 4 that we, as the Company, would prefer not to do, but 5 we are proposing it. 6 MR. FREDRIKSEN: Where did we vote to 7 say, if you agree to this, we promise not to do it? 8 When did the Union ever do that? 9 MS. McCLAIN: And that is not 10 necessarily what we are saying in totality that you 11 said. We are not saying that you said that. I 12 understand where you are coming from. I am simply 13 making our position known. And I believe, again, it 14 is our contract language here that we are agreeing 15 to. I think it does reflect -- our Company proposal 16 reflects that. I don't agree that it says we will, 17 and I don't think that it needs to say that we 18 won't. 19 MR. FREDRIKSEN: In my analogy, it 20 doesn't say that I will kill your dog or burn down 21 your house. It just says, like, I am going to say 22 that I have the right to do it. 23 MS. McCLAIN: And I don't see how, you 24 know, agreeing to illegal acts -- you know, this 25 isn't an illegal act that we are asking. This isn't Rita Gardner ~ Court Reporter ~ (908) 319-1195 64 1 something like killing a dog. I don't see that 2 analogy, that is why I am not going to answer it. 3 MR. FREDRIKSEN: So maybe it was a 4 little extreme. Somebody help me out. Somebody get 5 me a non-illegal example. 6 MR. STRASSER: Well, I would argue that 7 Union busting is an illegal action really. 8 MS. McCLAIN: This is not Union 9 busting. We have said that before, Mike. We have 10 talked about this because nothing in this language 11 says that we will not hire, that we will not grow 12 the Union, that we will not have a Union to 13 perpetuity at the Clinton site. Nothing like that. 14 MR. STRASSER: It gives you the right 15 to do it if you want. 16 MS. McCLAIN: It does not give us the 17 right to do it. 18 MR. FREDRIKSEN: So you can layoff 19 every one of us and contract out our positions with 20 this language. 21 MS. McCLAIN: I disagree. 22 MR. RAGOMO: Then hire all the 23 electricians and contractors -- the pipe fitters 24 and -- 25 MS. McCLAIN: You know, we may -- Rita Gardner ~ Court Reporter ~ (908) 319-1195 65 1 MR. RAGOMO: I am saying -- you are -- 2 you made the point to say it is not your position to 3 dissolve the Union through attrition, yet you have 4 done it into the trades. 5 MS. McCLAIN: We disagree. 6 MR. RAGOMO: When was the last time you 7 hired -- 8 MS. McCLAIN: I have a meeting that I 9 need to tell I will move. I will be a little bit 10 late. 11 But keep going. 12 MR. RAGOMO: When was the last 13 electrician that was hired? 14 MS. McCLAIN: I don't know. 15 MR. RAGOMO: What about a pipe fitter? 16 MS. McCLAIN: I would have to look at 17 that, get those dates for you. 18 MR. RAGOMO: Well, if your intention -- 19 MS. LOUIE: Those are the areas that we 20 already have a tentative agreement that we were 21 going to be able to contract those out. 22 MR. FREDRIKSEN: No. They are subject 23 to the proposal that is open. We don't have a 24 tentative agreement to that. The Company declared 25 impasse and implemented it. Let's not muddy the Rita Gardner ~ Court Reporter ~ (908) 319-1195 66 1 waters here. 2 MS. McCLAIN: It was a misuse of the 3 word. Okay. 4 MS. LOUIE: I am just saying that that 5 is the way that I have been operating, okay, 6 because -- 7 MS. McCLAIN: We declared impasse and 8 that is what we are operating under. 9 MS. LOUIE: That is how I have been 10 operating. 11 MR. RAGOMO: Well, and I am a different 12 president. So I am a person that believes in job 13 preservation. So they are in our collective 14 bargaining unit. They fall under that. 15 MR. STRASSER: Would you move into a 16 house before you signed the contracts that you 17 bought it with? 18 MS. LOUIE: I don't understand the 19 analogy. 20 MR. STRASSER: Because I have tentative 21 agreement on the price of the house, so I can just 22 move right into it. I don't need to sign the 23 contract that says I own it now. 24 MS. McCLAIN: And there are different 25 laws and regulations that cover different things. Rita Gardner ~ Court Reporter ~ (908) 319-1195 67 1 We are bargaining here. 2 MR. FREDRIKSEN: It is called abstract 3 thought, JeffeLee. 4 MS. McCLAIN: You are working on 5 another proposal, you said. 6 MR. FREDRIKSEN: Yes. 7 MS. McCLAIN: Is there any questions 8 that you have? 9 MR. FREDRIKSEN: Every time I ask you a 10 question, based on a summary of the things you tell 11 me, you contest the answer. So right now I don't 12 have a clear understanding of what the Company's 13 intentions are because you continuously contest my 14 summarization. So, you know, we are going to 15 continue to look at contracting proposals. Thank 16 you for giving that information request to us 17 because it is very helpful to see the kinds of 18 limits that ExxonMobil is willing to entertain. We 19 are going to come up with something that works for 20 the Union and hopefully allows the Company the 21 flexibility it needs. So, you know, we are going to 22 keep working on that. 23 That being said, I just quickly want to 24 cover, the Company, in their last communication, 25 said that they wanted to have in-person meetings. Rita Gardner ~ Court Reporter ~ (908) 319-1195 68 1 They proposed doing it on-site. We have talked 2 about that several times in the past and that is not 3 something that is going to happen. We are not going 4 to do that. We are totally content with continuing 5 to meet on Zoom, especially with the resurgence of 6 COVID-19. The increasing cases of the Delta variant 7 and discovery of new variants. We are fine with 8 doing it this way. If the Company insists on having 9 in-person meetings, we can start booking the Hyatt 10 again. 11 MR. BRYANT: I don't think we are 12 intent on that all. I agree with you with the 13 resurgence, we are fine with continuing as we have 14 been. 15 MS. McCLAIN: That was prior to, right? 16 We talked about that in May when things were not as 17 concerning with Delta variant, but we were looking 18 to explore options. So we will continue to monitor 19 and discuss. For right now we hear what you are 20 saying, you would prefer to continue either in Zoom 21 or if it is in person, you are saying you are open 22 to an off-site location? 23 MR. FREDRIKSEN: Yes. 24 MS. McCLAIN: Okay. 25 MR. RAGOMO: Correct. Rita Gardner ~ Court Reporter ~ (908) 319-1195 69 1 MS. McCLAIN: I have noted what you are 2 saying. 3 MR. FREDRIKSEN: Please get back to us 4 with what -- that wasn't clear if you were going to, 5 like, think about it. If you are already decided 6 then don't worry about it. But if you are thinking 7 about it, please get back to us soon so we can make 8 arrangements. 9 MS. McCLAIN: Our meeting for next 10 week, for the 19th is set up for Zoom. We can set 11 that up for Zoom. That is fine. 12 MR. FREDRIKSEN: With that, I don't 13 have anything else at this time. 14 (Remote contract negotiations adjourned 15 at 2:09 p.m. EST.) 16 17 18 19 20 21 22 23 24 25 Rita Gardner ~ Court Reporter ~ (908) 319-1195 70 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: August 13, 2021 21 22 23 24 25 Rita Gardner ~ Court Reporter ~ (908) 319-1195 $ $250,000 [1] - 5:10 1 1 [4] - 3:8, 6:10, 6:15, 12:25 10:03 [1] - 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21:18 increased [1] - 26:3 increases [3] - 20:20, 21:10, 24:9 increasing [1] - 68:6 increasingly [1] - 15:2 INDEPENDENT [1] - 1:13 individual [2] - 25:9, 40:23 information [3] - 7:15, 34:4, 67:16 inherent [1] - 23:7 Inions' [1] - 40:19 insight [1] - 21:1 insisting [1] - 25:6 insists [1] - 68:8 instability [1] - 26:16 intend [6] - 55:20, 57:13, 57:14, 57:25, 58:12, 60:16 intended [1] - 37:15 intending [1] - 54:17 intends [1] - 29:24 intent [20] - 32:16, 33:6, 48:10, 49:20, 50:6, 50:14, 50:18, 50:21, 50:24, 51:1, 51:19, 52:24, 57:18, 58:4, 58:5, 58:14, 58:19, 59:16, 68:12 intention [29] - 12:16, 33:5, 48:5, 48:8, 49:24, 50:3, 52:6, 52:11, 52:15, 52:23, 53:12, 54:21, 54:23, 54:25, 55:2, 55:4, 55:8, 55:10, 56:3, 56:5, 56:12, 56:14, 56:16, 57:5, 57:6, 57:7, 57:22, 58:16, 65:18 intentionally [1] - 40:19 intentions [7] - 49:7, 49:12, 49:14, 51:25, 52:19, 56:1, 67:13 intents [2] - 32:23, 33:1 interest [10] - 6:25, 7:1, 12:18, 13:1, 17:10, 23:22, 23:23, 23:24, 24:23, 48:1 interested [9] - 14:3, 47:17, 47:22, 47:23, 47:25, 48:11, 58:23, 59:1, 70:14 interpretation [3] - 11:1, 41:15, 44:8 intimating [1] - 15:20 introduced [1] - 13:22 investing [1] - 42:21 involves [1] - 54:25 involving [2] - 5:17, 5:19 irrelevant [3] - 62:13, 62:14, 62:18 Island [1] - 47:3 issue [4] - 11:10, 11:17, 25:4 issues [2] - 11:18, 22:5 items [1] - 9:20 iterations [1] - 11:23 IX [2] - 42:2, 42:12 J JeffeeLee [4] - 19:21, 22:15, 28:21, 40:17 JeffeLee [8] - 15:3, 30:21, 32:18, 33:1, 45:2, 47:8, 54:21, 67:3 JEFFELEE [1] - 1:11 Jersey [2] - 70:5, 70:18 Jessie [2] - 31:12 job [6] - 4:1, 4:6, 4:7, 12:14, 37:14, 66:12 jobs [6] - 4:9, 8:12, 8:14, 31:10, 40:20, 61:21 JOSH [1] - 1:12 July [3] - 2:7, 3:8, 21:16 jump [2] - 36:17, 38:17 June [11] - 2:3, 3:7, 3:16, 5:24, 6:10, 6:15, 7:5, 10:5, 10:24, 11:2, 11:3 Juneteenth [2] - 7:6, 13:5 K Kansas [3] - 41:17, 42:7, 42:9 keep [8] - 26:15, 27:1, 31:24, 55:8, 57:1, 58:3, 65:11, 67:22 keeping [1] - 37:16 keeps [1] - 57:12 kept [2] - 25:11, 31:10 kill [2] - 60:16, 63:20 killing [1] - 64:1 kind [2] - 35:22, 60:13 kinds [1] - 67:17 known [2] - 7:6, 63:13 L LaBarge [1] - 34:19 LABOR [1] - 1:12 labor [2] - 36:19, 37:16 LABORATORY [1] - 1:13 lack [1] - 38:3 laid [2] - 31:25, 55:23 language [48] - 7:13, 7:23, 8:9, 8:15, 8:16, 11:13, 12:2, 12:14, 16:2, 25:6, 32:14, 33:10, 34:5, 35:3, 35:4, 35:8, 35:11, 35:13, 38:6, 41:16, 45:6, 45:14, 45:17, 46:19, 49:19, 50:8, 50:9, 50:10, 50:12, 51:16, 52:4, 52:6, 52:17, 53:6, 53:25, 54:18, 56:19, 57:6, 57:15, 57:17, 57:21, 58:3, 58:9, 58:11, 59:3, 63:14, 64:10, 64:20 languages [3] - 7:20, 8:8, 34:8 last [10] - 3:4, 3:7, 5:23, 7:14, 21:15, 25:17, 31:16, 65:6, 65:12, 67:24 late [1] - 65:10 latest [1] - 2:3 laws [1] - 66:25 lay [1] - 53:18 laying [1] - 58:17 layoff [30] - 4:23, 7:22, 12:16, 27:19, 28:4, 29:13, 29:20, 33:10, 34:24, 36:24, 37:23, 39:2, 40:21, 48:7, 49:25, 50:8, 52:6, 52:13, 53:14, 53:16, 54:2, 54:14, 55:3, 55:13, 56:7, 58:1, 58:8, 58:12, 64:18 layoffs [3] - 4:14, 12:14, 58:13 lead [1] - 55:13 leading [2] - 4:22, 27:18 leads [1] - 54:14 least [1] - 49:18 leave [2] - 4:11, 25:1 LEBRON [1] - 1:16 lends [1] - 33:16 length [1] - 5:10 letter [1] - 5:13 lied [1] - 59:6 limit [4] - 5:8, 11:14, 31:18, 45:3 limitation [3] - 17:6, 33:14, 50:21 limitations [2] - 34:21, 36:21 limited [3] - 5:16, 6:18, 41:20 limiting [6] - 8:9, 12:18, 27:23, 44:18, 44:24, 47:1 limits [9] - 7:25, 28:17, 41:3, 44:13, 46:22, 61:12, 61:13, 67:18 line [2] - 43:22, 46:11 listed [1] - 4:7 literally [1] - 26:9 local [1] - 11:20 location [3] - 36:10, 37:21, 68:22 lockout [1] - 6:22 look [8] - 9:10, 10:8, 19:20, 30:19, 33:24, 45:9, 65:16, 67:15 looked [1] - 36:14 looking [4] - 12:15, 49:21, 53:8, 68:17 loss [1] - 5:3 lost [5] - 25:17, 25:18, 25:19, 57:3 loud [1] - 25:3 Louie [1] - 18:14 LOUIE [17] - 1:12, 51:10, 51:13, 51:22, 52:1, 53:8, 57:1, 57:4, 57:10, 57:14, 57:18, 57:20, 58:2, 65:19, 66:4, 66:9, 66:18 low [1] - 25:25 lucky [1] - 34:11 M MADIARA [1] - 1:17 mail [2] - 25:8, 26:23 maintain [9] - 12:8, 13:15, 48:20, 49:21, 51:1, 55:15, 56:4, 56:17, 58:14 maintains [3] - 11:13, 13:9, 55:16 Maintenance [1] - 38:19 major [1] - 3:24 management [3] - 5:19, 26:4, 44:8 management's [1] - 8:24 MANAGER [2] - 1:11, 1:12 manner [1] - 7:14 market [1] - 28:9 marriage [1] - 60:8 married [1] - 60:5 Match [3] - 6:3, 12:23, 12:25 match [1] - 36:15 matter [2] - 4:20, 18:17 matters [1] - 6:19 McClain [162] - 1:11, 2:1, 3:13, 8:24, 9:4, 9:9, 9:16, 10:1, 10:12, 10:17, 10:23, 14:15, 14:21, 14:25, 15:4, 15:8, 15:22, 16:1, 16:7, 16:10, 16:15, 17:13, 17:17, 17:21, 18:1, 18:3, 18:6, 18:9, 18:16, 19:7, 19:22, 20:1, 20:8, 20:16, 21:5, 21:12, 21:15, 21:21, 21:24, 22:2, 22:16, 22:21, 23:1, 23:5, 23:11, 23:18, 24:1, 24:5, 24:12, 24:17, 27:22, 28:15, 29:3, 29:10, 29:16, 30:2, 30:6, 30:11, 30:18, 30:22, 30:25, 31:11, 31:22, 32:2, 32:5, 32:21, 33:3, 33:6, 33:18, 34:1, 34:14, 35:5, 35:13, 35:19, 36:10, 36:12, 38:2, 38:12, 39:21, 40:9, 40:13, 40:22, 42:19, 43:7, 43:12, 43:16, 43:24, 44:5, 44:15, 44:21, 44:25, 45:6, 45:14, 45:19, 46:3, 46:9, 46:15, 46:22, 47:7, 47:17, 47:25, 48:9, 48:14, 48:19, 49:3, 49:9, 49:17, 50:5, 50:15, 50:22, 51:1, 52:8, 52:16, 52:23, 53:10, 53:22, 55:14, 55:20, 56:4, 56:9, 56:15, 56:23, 57:3, 57:8, 57:19, 57:24, 58:6, 58:18, 58:23, 59:2, 59:8, 59:12, 59:19, 60:19, 60:25, 61:5, 61:7, 61:11, 61:17, 62:9, 62:12, 62:15, 62:24, 63:9, 63:23, 64:8, 64:16, 64:21, 64:25, 65:5, 65:8, 65:14, 65:16, 66:2, 66:7, 66:24, 67:4, 67:7, 68:15, 68:24, 69:1, 69:9 mean [4] - 14:10, 15:11, 22:7, 22:9 means [8] - 21:19, 32:19, 37:16, 40:19, 46:20, 52:14, 52:17, 54:22 Mechanic [1] - 3:23 Mechanic's [1] - 3:20 mechanical [2] - 40:5, 40:7 mediator [6] - 47:12, 47:16, 48:2, 48:3, 56:24, 60:2 meet [2] - 53:10, 68:5 meeting [6] - 2:23, 19:2, 19:6, 59:19, 65:8, 69:9 meetings [4] - 2:18, 7:18, 67:25, 68:9 meets [1] - 27:10 members [3] - 2:11, 2:15, 26:1 membership [6] - 2:8, 9:15, 14:10, 15:7, 15:9, 27:4 membership's [2] - 24:23, 25:3 memorialize [1] - 33:21 memorializes [1] - 53:2 memorializing [1] - 12:11 memory [2] - 3:10, 42:13 mental [2] - 54:23, 54:25 mentioned [1] - 11:22 messages [2] - 2:24, 3:1 met [1] - 10:25 mICHAEL [1] - 1:17 MICHAEL [1] - 1:18 middle [1] - 44:19 might [4] - 19:18, 47:12, 51:6, 56:24 Mike [1] - 64:9 mind [2] - 24:3, 27:2 minds [1] - 21:7 minute [3] - 24:21, 27:7, 34:7 missed [1] - 38:12 mistake [2] - 16:4, 23:10 misuse [1] - 66:2 modified [1] - 5:22 MOLINA [1] - 1:17 money [2] - 25:4, 59:16 monitor [1] - 68:18 months [3] - 41:19, 42:12, 43:2 morale [1] - 25:25 morning [2] - 25:9, 25:23 most [1] - 13:20 move [10] - 28:24, 29:15, 30:6, 54:1, 54:3, 54:5, 54:9, 65:9, 66:15, 66:22 moved [4] - 31:11, 31:12, 31:13 moving [5] - 13:14, 17:8, 23:22, 28:18, 31:1 MR [182] - 2:5, 3:15, 9:1, 9:7, 9:12, 9:14, 9:24, 10:9, 10:16, 10:21, 14:14, 14:16, 14:23, 15:1, 15:21, 15:25, 16:4, 16:8, 16:13, 16:17, 17:15, 17:20, 17:23, 18:2, 18:5, 18:7, 18:10, 18:23, 19:19, 19:24, 20:6, 20:12, 21:3, 21:9, 21:13, 21:17, 21:23, 21:25, 22:14, 22:18, 22:23, 23:3, 23:8, 23:16, 23:19, 24:2, 24:11, 24:15, 24:20, 28:13, 28:19, 29:4, 29:11, 29:25, 30:5, 30:8, 30:14, 30:20, 30:23, 31:6, 31:14, 31:23, 32:3, 32:11, 32:25, 33:4, 33:12, 33:25, 34:3, 34:16, 35:12, 35:15, 35:21, 35:24, 36:2, 36:3, 36:11, 36:17, 38:7, 38:15, 39:10, 39:11, 39:23, 40:11, 40:16, 41:17, 43:3, 43:10, 43:14, 43:17, 44:1, 44:11, 44:20, 44:22, 45:1, 45:12, 45:16, 45:23, 46:5, 46:10, 46:20, 47:2, 47:8, 47:19, 47:20, 47:21, 48:3, 48:4, 48:13, 48:15, 48:18, 48:21, 49:5, 49:10, 49:22, 50:13, 50:17, 50:24, 51:4, 51:6, 51:8, 51:12, 51:19, 51:24, 52:5, 52:9, 52:19, 52:21, 53:11, 53:13, 54:21, 55:18, 55:24, 56:6, 56:12, 56:20, 56:24, 57:12, 57:16, 57:22, 57:25, 58:16, 58:21, 58:25, 59:4, 59:11, 59:14, 59:21, 59:22, 60:21, 61:3, 61:6, 61:9, 61:13, 62:7, 62:10, 62:14, 62:18, 63:6, 63:19, 64:3, 64:6, 64:14, 64:18, 64:22, 65:1, 65:6, 65:12, 65:15, 65:18, 65:22, 66:11, 66:15, 66:20, 67:2, 67:6, 67:9, 68:11, 68:23, 68:25, 69:3, 69:12 MS [176] - 2:1, 3:13, 8:24, 9:4, 9:9, 9:16, 10:1, 10:12, 10:17, 10:23, 14:15, 14:21, 14:25, 15:8, 15:22, 16:1, 16:7, 16:10, 16:15, 17:13, 17:17, 17:21, 18:1, 18:3, 18:6, 18:9, 18:16, 19:7, 19:22, 20:1, 20:8, 20:16, 21:5, 21:12, 21:15, 21:21, 21:24, 22:2, 22:16, 22:21, 23:1, 23:5, 23:11, 23:18, 24:1, 24:5, 24:12, 24:17, 27:22, 28:15, 29:3, 29:10, 29:16, 30:2, 30:6, 30:11, 30:18, 30:22, 30:25, 31:11, 31:22, 32:2, 32:5, 32:21, 33:3, 33:6, 33:18, 34:1, 34:14, 35:5, 35:13, 35:19, 36:10, 36:12, 38:2, 38:12, 39:21, 40:9, 40:13, 40:22, 42:19, 43:7, 43:12, 43:16, 43:24, 44:5, 44:15, 44:21, 44:25, 45:6, 45:14, 45:19, 46:3, 46:9, 46:15, 46:22, 47:7, 47:17, 47:25, 48:9, 48:14, 48:19, 49:3, 49:9, 49:17, 50:5, 50:15, 50:22, 51:1, 51:10, 51:13, 51:22, 52:1, 52:8, 52:16, 52:23, 53:8, 53:10, 53:22, 55:14, 55:20, 56:4, 56:9, 56:15, 56:23, 57:1, 57:3, 57:4, 57:8, 57:10, 57:14, 57:18, 57:19, 57:20, 57:24, 58:2, 58:6, 58:18, 58:23, 59:2, 59:8, 59:12, 59:19, 60:19, 60:25, 61:5, 61:7, 61:11, 61:17, 62:9, 62:12, 62:15, 62:24, 63:9, 63:23, 64:8, 64:16, 64:21, 64:25, 65:5, 65:8, 65:14, 65:16, 65:19, 66:2, 66:4, 66:7, 66:9, 66:18, 66:24, 67:4, 67:7, 68:15, 68:24, 69:1, 69:9 muddy [1] - 65:25 multiple [4] - 2:15, 11:23, 23:2, 25:18 must [1] - 14:11 mutual [2] - 5:22, 39:9 N narrow [1] - 12:1 nature [1] - 37:12 necessarily [1] - 63:10 necessary [4] - 31:2, 33:19, 37:18, 45:10 need [29] - 9:24, 17:7, 17:25, 18:10, 27:8, 27:10, 33:23, 41:10, 41:11, 41:13, 45:8, 47:1, 50:23, 51:3, 53:5, 53:10, 53:24, 54:1, 54:3, 54:7, 54:18, 55:17, 55:21, 57:4, 59:5, 59:25, 60:1, 65:9, 66:22 needs [12] - 4:4, 11:20, 12:19, 18:12, 27:10, 29:8, 29:18, 41:8, 49:12, 54:8, 63:17, 67:21 negotiate [1] - 15:16 negotiating [3] - 15:16, 15:17, 35:7 negotiation [1] - 21:19 Negotiations [1] - 1:4 negotiations [6] - 6:16, 6:18, 6:21, 10:18, 24:18, 69:14 never [10] - 2:12, 8:5, 16:2, 17:6, 17:11, 26:2, 26:25, 28:5, 42:15, 42:18 New [2] - 70:5, 70:18 new [2] - 12:6, 68:7 newlywed [1] - 60:4 next [3] - 13:17, 18:24, 69:9 non [1] - 64:5 non-illegal [1] - 64:5 none [9] - 8:2, 8:8, 8:12, 8:14, 20:23, 44:7, 45:2, 45:4 Notary [2] - 70:4, 70:18 noted [1] - 69:1 nothing [8] - 17:1, 24:2, 34:25, 45:21, 50:12, 59:2, 64:10, 64:13 notice [3] - 12:25, 40:2, 61:24 notification [1] - 5:9 noun [1] - 54:22 number [2] - 34:18, 47:14 O objection [1] - 4:5 objective [1] - 57:20 obviously [5] - 37:11, 38:21, 41:9, 43:17, 45:10 occupying [1] - 5:4 occur [1] - 6:23 October [1] - 12:25 off-site [13] - 4:18, 27:16, 28:1, 28:18, 29:14, 30:17, 33:16, 33:22, 50:20, 52:13, 54:2, 54:9, 68:22 offer [24] - 2:4, 2:10, 2:22, 2:25, 9:11, 9:13, 9:17, 10:3, 10:5, 10:24, 11:2, 11:8, 13:18, 14:10, 14:12, 14:13, 15:18, 20:19, 21:16, 24:14 offered [4] - 3:18, 41:22, 41:23, 42:1 offering [3] - 11:25, 26:15 Olathe [3] - 41:17, 42:7, 42:9 on-site [2] - 29:18, 68:1 once [2] - 49:2, 49:5 one [40] - 6:16, 9:4, 9:5, 13:17, 16:3, 18:16, 21:5, 22:22, 26:4, 26:12, 30:15, 30:21, 34:14, 34:18, 35:15, 36:4, 36:15, 38:16, 39:5, 39:20, 39:22, 40:24, 44:12, 44:13, 44:14, 44:20, 44:23, 45:1, 45:2, 45:3, 45:12, 45:16, 46:23, 49:8, 54:19, 60:10, 60:12, 64:19 one-off [1] - 40:24 ones [1] - 38:22 open [3] - 3:9, 65:23, 68:21 operate [2] - 19:16, 51:18 operating [3] - 66:5, 66:8, 66:10 OPERATIONS [1] - 1:12 opinion [5] - 18:19, 18:23, 19:19, 19:22, 20:2 opportunities [2] - 13:12, 54:11 opportunity [1] - 40:3 opposite [2] - 50:4, 55:10 opposites [1] - 50:3 optimal [3] - 61:18, 61:20, 61:24 option [2] - 28:2, 49:4 options [7] - 22:12, 22:15, 22:17, 24:6, 29:21, 51:15, 68:18 order [1] - 27:9 ordinarily [1] - 37:12 otherwise [2] - 5:8, 31:18 outlier [1] - 45:5 outlined [3] - 42:12, 60:10, 61:23 outside [3] - 11:18, 51:14, 54:11 outsource [3] - 5:7, 30:3, 31:17 outsourced [1] - 4:20 outsourcing [6] - 7:14, 12:17, 48:6, 55:3, 55:13, 56:7 overtime [7] - 8:7, 37:17, 37:18, 37:24, 38:5, 39:8, 41:22 own [3] - 4:12, 45:5, 66:23 owned [1] - 37:1 P p.m [2] - 24:19, 69:15 page [1] - 46:18 painting [1] - 37:10 pandemic [1] - 26:10 paragraph [1] - 5:23 Paragraph [1] - 40:4 part [2] - 38:24, 40:11 particular [2] - 26:8, 37:21 particularly [1] - 12:9 parties [9] - 4:18, 5:22, 6:14, 6:19, 6:20, 6:22, 6:24, 6:25, 70:12 party [7] - 14:6, 45:9, 50:20, 53:16, 53:18, 60:10, 60:12 past [10] - 2:16, 2:20, 3:2, 5:17, 12:24, 33:22, 38:9, 46:16, 46:17, 68:2 pastures [1] - 25:20 pat [1] - 26:11 pattern [1] - 37:2 PAUL [1] - 1:17 pay [1] - 5:3 people [15] - 2:9, 3:1, 20:17, 25:19, 26:18, 26:21, 29:7, 30:6, 31:1, 32:1, 32:8, 50:11, 58:17, 59:16 percent [4] - 2:7, 2:9, 41:21, 42:10 percentage [2] - 7:25, 8:11 perform [15] - 4:24, 5:1, 27:16, 36:25, 37:22, 39:4, 39:6, 39:12, 39:15, 39:17, 48:7, 52:6, 52:13, 56:7, 58:1 performed [11] - 4:18, 4:19, 33:15, 34:23, 36:6, 36:23, 39:6, 50:19, 50:20, 52:12 performing [1] - 7:23 period [4] - 41:19, 42:11, 42:25, 43:2 periodic [2] - 37:4, 37:11 periods [1] - 8:1 permanent [4] - 42:7, 45:13, 45:17, 45:18 permanently [2] - 8:13, 61:22 perpetuity [1] - 64:13 person [7] - 2:22, 23:14, 60:13, 66:12, 67:25, 68:9, 68:21 personal [1] - 13:11 pertaining [1] - 4:13 pick [1] - 35:25 pinky [1] - 32:12 pipe [2] - 64:23, 65:15 place [2] - 54:10, 54:12 placed [1] - 32:7 Plan [2] - 6:3, 12:23 plan [10] - 13:2, 29:22, 50:7, 54:22, 55:5, 55:11, 55:21, 56:6, 56:10, 58:19 planning [1] - 55:1 plans [6] - 12:16, 20:24, 32:24, 48:10, 52:24, 56:10 Plant [2] - 42:7, 42:9 plant [1] - 54:10 plenty [1] - 29:5 PO&T [1] - 1:17 point [11] - 14:9, 22:20, 22:22, 24:4, 25:15, 27:2, 35:16, 54:7, 61:5, 61:8, 65:2 pointing [1] - 43:12 points [1] - 47:9 pony [1] - 59:14 posed [1] - 51:9 position [9] - 5:2, 5:4, 5:6, 15:11, 15:14, 21:14, 24:7, 63:13, 65:2 positions [5] - 4:9, 5:15, 41:1, 41:3, 64:19 possible [1] - 37:4 possibly [2] - 32:17, 33:23 posts [1] - 17:8 practiced [1] - 8:21 practices [2] - 2:13, 35:2 predetermined [1] - 39:13 prefer [4] - 13:25, 62:4, 63:4, 68:20 prenuptials [1] - 60:6 prepare [1] - 9:25 prepared [1] - 19:16 prescheduled [1] - 39:12 present [1] - 34:24 presented [1] - 3:17 preservation [1] - 66:13 PRESIDENT [2] - 1:14, 1:15 president [1] - 66:12 pretty [3] - 36:9, 39:19, 40:9 prevent [2] - 17:9, 17:24 price [1] - 66:21 pride [1] - 25:20 primary [1] - 37:13 private [1] - 2:24 pro [1] - 62:11 probationary [4] - 8:1, 42:11, 42:25, 43:2 problems [1] - 27:11 process [3] - 7:2, 39:1, 40:1 production [1] - 37:14 Program [1] - 6:6 progress [2] - 15:2, 55:25 prohibitive [1] - 7:22 projects [1] - 4:3 promise [3] - 32:12, 62:22, 63:7 promised [1] - 61:16 promoted [1] - 4:10 promoting [1] - 15:13 prompted [1] - 36:13 proposal [76] - 2:2, 2:14, 3:5, 3:10, 3:12, 3:16, 3:18, 3:24, 6:5, 7:4, 7:11, 8:3, 11:8, 12:24, 13:2, 14:8, 16:19, 17:22, 17:24, 20:22, 22:7, 22:8, 24:24, 27:7, 27:14, 28:22, 30:10, 33:5, 34:11, 35:4, 37:25, 38:4, 38:8, 38:10, 38:11, 38:13, 40:25, 41:14, 42:16, 42:20, 42:22, 42:23, 43:6, 43:7, 43:9, 43:11, 43:15, 43:22, 45:25, 46:11, 48:19, 50:1, 50:2, 50:13, 50:17, 51:20, 51:25, 52:10, 52:11, 52:14, 55:8, 55:9, 55:10, 56:1, 56:3, 56:13, 60:14, 62:6, 62:17, 63:15, 65:23, 67:5 proposals [18] - 8:9, 11:24, 16:21, 16:22, 16:24, 17:7, 17:9, 22:4, 25:6, 32:25, 34:13, 40:18, 43:23, 46:1, 49:6, 49:14, 49:15, 67:15 propose [1] - 6:9 proposed [2] - 3:22, 68:1 proposing [7] - 8:17, 35:14, 38:5, 48:16, 49:1, 62:19, 63:5 protect [1] - 40:19 protections [6] - 7:22, 8:7, 12:14, 33:7, 34:6, 43:18 prove [1] - 26:17 provide [8] - 13:18, 19:12, 20:10, 29:5, 30:15, 32:3, 40:2, 61:24 provided [5] - 7:15, 9:18, 9:21, 11:2, 39:15 Providence [1] - 46:18 provision [3] - 39:25, 42:2, 42:16 provisions [7] - 4:11, 4:13, 5:12, 6:7, 9:18, 33:11, 40:4 Public [2] - 70:4, 70:18 pull [1] - 34:15 purport [1] - 19:16 purpose [2] - 34:24, 36:24 put [8] - 13:7, 20:19, 34:2, 35:4, 38:9, 38:11, 59:15, 60:14 putting [3] - 60:20, 62:5, 62:6 Q qualified [10] - 4:24, 5:3, 5:5, 7:24, 36:8, 36:25, 39:3, 39:6, 39:14, 39:17 questions [9] - 9:8, 10:7, 17:16, 17:19, 23:4, 49:24, 62:8, 67:7 quickly [1] - 67:23 quid [1] - 62:10 quo [1] - 62:11 quote/unquote [1] - 34:13 R R&D [1] - 1:12 RAGOMO [35] - 1:14, 9:14, 21:9, 21:13, 21:17, 21:23, 21:25, 35:12, 35:15, 35:21, 36:2, 39:10, 47:8, 47:19, 47:21, 48:3, 48:18, 51:6, 52:21, 56:24, 58:16, 58:21, 58:25, 59:4, 59:11, 59:14, 59:21, 64:22, 65:1, 65:6, 65:12, 65:15, 65:18, 66:11, 68:25 raise [1] - 26:22 raises [3] - 6:11, 25:1, 26:12 range [13] - 7:19, 34:9, 43:18, 43:25, 44:6, 44:10, 44:15, 44:21, 44:23, 45:5, 46:17, 46:23 rate [1] - 6:15 rather [3] - 3:7, 25:10 ratification [3] - 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10:11, 10:13, 16:21 service [1] - 42:22 services [1] - 42:21 set [3] - 69:10, 70:9 several [3] - 26:1, 55:22, 68:2 shall [14] - 4:20, 5:3, 5:13, 5:16, 6:17, 6:18, 6:22, 6:24, 34:20, 34:25, 36:4, 36:21, 41:20, 52:12 share [1] - 34:16 shareholders [2] - 18:25, 19:9 short [1] - 4:3 shoulder [1] - 26:11 show [1] - 59:15 showed [1] - 2:8 showing [1] - 63:3 sick [1] - 25:22 side [7] - 2:17, 5:12, 5:13, 6:3, 22:7, 23:23, 51:7 sign [1] - 66:22 signaled [2] - 25:3, 27:4 signed [1] - 66:16 significance [1] - 16:19 silent [3] - 8:20, 8:22, 44:16 similar [1] - 60:20 simply [1] - 63:12 single [4] - 2:22, 28:5, 30:15, 45:3 sinking [1] - 25:22 sit [1] - 59:15 SITE [2] - 1:11, 1:12 site [32] - 4:18, 11:17, 12:12, 14:18, 14:19, 14:24, 15:3, 19:1, 19:4, 19:25, 26:8, 27:16, 28:1, 28:18, 29:14, 29:18, 30:17, 33:16, 33:22, 37:8, 37:20, 41:8, 41:9, 45:11, 47:4, 50:20, 52:13, 54:2, 54:9, 64:13, 68:1, 68:22 sites [2] - 44:2, 47:1 sitting [1] - 22:3 situation [5] - 35:7, 35:8, 36:13, 41:6, 45:7 situations [1] - 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8:15, 35:23, 37:5, 37:11, 39:6, 41:18, 41:19, 41:24, 42:3, 42:5, 42:6, 42:8, 42:10 ten [3] - 13:8, 13:9, 13:16 tentative [3] - 65:20, 65:24, 66:20 term [2] - 4:3, 16:12 terminated [1] - 4:10 terms [2] - 5:16, 17:5 testimony [1] - 70:7 text [1] - 10:16 thankful [1] - 17:4 that-a-boy [1] - 26:11 theme [1] - 40:17 themselves [1] - 26:19 therapist [1] - 60:1 therapy [2] - 59:24, 60:1 thereby [3] - 4:7, 4:22, 5:24 thinking [1] - 69:6 third [6] - 4:18, 14:6, 45:9, 50:20, 53:16, 53:18 third-party [4] - 14:6, 45:9, 53:16, 53:18 THOMAS [2] - 1:15, 1:16 thoroughly [1] - 30:2 threaten [2] - 20:25, 22:25 threatened [1] - 21:4 threatening [2] - 22:19, 23:9 three [5] - 6:11, 8:3, 13:10, 39:11, 47:15 throughout [2] - 15:1, 43:18 Thursday [1] - 1:5 titles [1] - 3:22 today [7] - 9:25, 11:7, 20:23, 22:3, 33:22, 38:4, 54:13 together [4] - 10:22, 22:11, 24:21, 40:14 Tom [3] - 16:11, 57:1, 62:13 tom [1] - 57:4 took [1] - 15:9 top [1] - 25:25 topic [1] - 23:15 total [1] - 13:20 totality [3] - 40:13, 45:20, 63:10 totally [3] - 9:25, 44:16, 68:4 touch [1] - 24:16 touted [1] - 34:9 towards [4] - 2:16, 8:1, 42:11, 42:21 Town [1] - 7:18 trades [2] - 40:24, 65:4 trading [1] - 13:15 train [1] - 39:16 transcript [1] - 70:7 TREASURER [1] - 1:16 true [3] - 35:20, 46:15, 70:6 trust [1] - 26:20 trusting [1] - 26:19 try [3] - 22:11, 59:15, 59:24 trying [16] - 9:23, 10:1, 12:10, 15:23, 16:10, 20:19, 22:4, 22:5, 47:11, 47:23, 53:17, 59:17, 59:18, 60:5, 61:3, 61:7 turn [1] - 31:15 two [1] - 39:6 type [6] - 33:14, 37:13, 47:11, 47:13, 47:23, 50:19 types [4] - 37:5, 37:9, 44:7, 55:22 U U-10 [1] - 6:9 ultimately [1] - 54:14 unable [2] - 6:20, 6:23 under [5] - 4:21, 5:9, 44:24, 66:8, 66:14 unfair [1] - 25:5 unfortunately [2] - 28:3, 29:20 unhappy [1] - 19:4 Union [31] - 3:21, 4:6, 6:4, 6:9, 6:10, 6:12, 7:4, 7:6, 8:3, 9:12, 11:12, 11:24, 12:2, 13:12, 15:20, 16:25, 17:5, 23:6, 25:12, 34:6, 34:19, 40:2, 40:6, 43:18, 63:8, 64:7, 64:8, 64:12, 65:3, 67:20 UNION [1] - 1:13 Union's [13] - 6:3, 8:9, 10:11, 10:24, 11:2, 11:8, 12:24, 17:7, 17:9, 22:14, 23:23, 39:15, 44:17 Unions [7] - 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