1 1 2 EMRE - ILEU 3 4 Collective Bargaining Agreement Negotiations 5 Friday, March 25, 2022 Commencing at 10:00 a.m. EST 6 7 HELD REMOTELY VIA ZOOM 8 --- Day 70 --- 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 THOMAS FREDRIKSEN, PRESIDENT 15 THOMAS FERRO, TREASURER DAVID LEBRON, ACT DELEGATE 16 MICHAEL MOLINA, PO&T DELEGATE MICHAEL STRASSER, CSR STEWARD 17 LYNDA SMITH, DELEGATE 18 19 20 21 22 23 24 25 Rita Gardner ~ Court Reporter ~ (908) 319-1195 2 1 MR. FREDRIKSEN: Last time we met was 2 February 2. That was the 69th day of bargaining. 3 Today is the 70th day of bargaining. 4 MR. BRYANT: Yes. 5 MR. FREDRIKSEN: The Company, when we 6 left off, we gave them a modified and yet not 7 modified contract, which they updated for us via 8 e-mail, as a three-year contract starting in 2022 9 for 1.5 percent in 2022/23, 2 percent in 2023/24 and 10 2.5 percent in 2024/25. 11 Additionally, last time, the Company 12 accepted the Union's counter for the recognized 13 holiday language, the 11th floating holiday. 14 MR. BRYANT: That is correct. 15 MR. FREDRIKSEN: I do not believe any 16 other changes were made in the Company's counter 17 besides those two items. 18 MR. BRYANT: That is correct. 19 MR. FREDRIKSEN: If you don't mind, I 20 would like to pull up our February 2 counter to just 21 go through it, because it has been -- it has been 22 sometime since we have done that. 23 Let me share my screen. Let me know 24 when you see it. 25 MR. BRYANT: I see it. Rita Gardner ~ Court Reporter ~ (908) 319-1195 3 1 MR. FREDRIKSEN: The first page is the 2 automotive support group. There is no change there. 3 There have been no changes to that. I will come 4 back to C2 at the end. 5 On the third page, we have the Employee 6 Savings Plan language. Since the Company originally 7 suspended this, you have since brought it back and 8 not changed your counterproposal language. 9 Is it your intention to not change it? 10 MR. BRYANT: The Company has reinstated 11 the program for everybody, October of 2021. 12 MR. FREDRIKSEN: So, can we get rid of 13 this? 14 MR. BRYANT: I mean, it was suspended 15 from the time period of October 2020 to October of 16 2021. 17 MR. FREDRIKSEN: It was, but a 18 successorship agreement should reflect that. 19 MR. BRYANT: I mean, we don't have 20 any intent to change -- I mean, the Company has 21 brought it back for everybody. 22 MR. FREDRIKSEN: Do you need this 23 language? 24 MR. BRYANT: We would keep the 25 language in there, yes. Rita Gardner ~ Court Reporter ~ (908) 319-1195 4 1 MR. FREDRIKSEN: I thought you didn't 2 want a retroactive contract. 3 MR. BRYANT: Well, I mean, that is in 4 the past, that it was gone, right? So that is that. 5 So that is what happened. That is not obligating to 6 anything that any other employees did not receive or 7 did receive, rather. 8 MR. FREDRIKSEN: So this reads, 9 "Effective October 1, 2020, the Company match 10 suspension (sic) to the Employees' Savings Plan will 11 be suspended. Company decisions regarding 12 reinstatement of the Company match contribution will 13 apply uniformly to all employees covered by the 14 Employees' Savings Plan. 15 "The parties agree that to the extent 16 ExxonMobil provides, as a result of negotiations or 17 otherwise, bargaining unit employees of another 18 plant, a distant arrangement regarding the Company 19 Match Contribution for the U.S. ExxonMobil Savings 20 Plan, the ILEU may demand to bargain that the 21 arrangement be applied/implemented for the ILEU 22 represented employees at Clinton. 23 "At the request of the ILEU, the 24 Company commits to have ongoing discussions with the 25 ILEU regarding Savings Plans Match reinstatement, if Rita Gardner ~ Court Reporter ~ (908) 319-1195 5 1 any, following the suspension of the Savings Plan 2 Match in October. These ongoing discussions will be 3 included at regularly-scheduled meetings." 4 What this says is that if we sign an 5 agreement today, the Savings Plan Match is 6 suspended. That is what this says. 7 MR. BRYANT: That was the language -- 8 that is what actually happened, number one. You 9 know, it reflects what was implemented. That is the 10 offer on the table. You know, if you want to 11 negotiate something else, that is fine, but we don't 12 see any reason to make a change, because it is about 13 the reinstatement in the first paragraph. 14 MR. FREDRIKSEN: So your proposal is to 15 suspension the match again? 16 MR. BRYANT: No, because we said that 17 it will be suspended. 18 "Company decisions regarding 19 reinstatement of the Company Match Contribution will 20 apply uniformly to all employees covered by the 21 Employees' Savings Plan." 22 So that is what we implemented, so when 23 we brought it back -- so the language does not 24 suspend it going forward after October -- you know, 25 October of 2021. It was suspended October 2020 to Rita Gardner ~ Court Reporter ~ (908) 319-1195 6 1 October of 2021. I mean, the reinstatement is 2 already there. So we don't see any reason to change 3 it. 4 MR. FREDRIKSEN: Okay. We will come 5 back to that. 6 Paid Parental Time Off. 7 We are very far apart in our philosophy 8 on this program. The Company is comfortable with a 9 five-day program, and we have asked for the full 10 benefit of the program be extended to all employees 11 at the Clinton site instead of only 12 nonUnion-represented employees. 13 Why is it that you have chosen to 14 remain on that position all this time? Why is it 15 that we are so far apart at this time? Help me 16 understand the reasoning behind the Company for only 17 giving Union-represented employees five days and 18 giving everybody else eight weeks? 19 MR. BRYANT: I think that has been 20 discussed a lot in the bargaining sessions. I think 21 -- well, the Company thought that this issue -- 22 again, that we had reached a tentative agreement on 23 it. That is fine. You can modify your proposal 24 whenever you want. 25 As we have talked about before, there Rita Gardner ~ Court Reporter ~ (908) 319-1195 7 1 are things that represented employees have that 2 other employees do not have access to. So, again, 3 it is part of the total package of what people 4 receive. You know, represented, there is 5 certain programs and benefits and so forth that are 6 available; and to nonrepresented employees, there 7 are others. 8 That is, you know, where the Company 9 has come out on this. That is what we are 10 comfortable with in terms of, you know, the 11 compensation package that this would, obviously -- 12 this program, we are comfortable with five days. 13 MR. FREDRIKSEN: So globally, young 14 people are more and more seeking flexibility in the 15 workplace in their search for a long-term career. 16 And time and again, we have had people leave this 17 company because there is not enough flexibility for 18 them to raise a family. The Company lost a lot of 19 employees recently to retirement and other 20 attrition. 21 If you want the Company to be staffed 22 by people who have no intent on staying here, that 23 is one thing. But if you want to have people come 24 here and want to stay here, raise a family and have 25 a career for the long term, this is very important Rita Gardner ~ Court Reporter ~ (908) 319-1195 8 1 to people, globally, not just in ExxonMobil. 2 There are industries that have way more 3 than eight weeks. There are countries that 4 implement laws mandating longer lengths of time. So 5 Exxon trails far behind the norm, the industry norm 6 and the worldwide recommendations for parental leave 7 and flex time. 8 We are coming out of a -- we are well 9 out of economic troubles for this company. So it is 10 not as though you can't afford it. So why? Why 11 five days? 12 MR. BRYANT: I don't think we ever 13 said that the reason was we couldn't afford it. I 14 think what we have said is when we look at the total 15 offer of what is available to represented employees, 16 this is what we are comfortable with. 17 And I understand all the other stuff 18 that you said. I will not disagree with what you 19 have provided in that context. But again, we have 20 to look at the actual employees here that we are 21 talking about. And when we look at the suite -- the 22 full suite of offer, again, that is what we are 23 comfortable with. 24 MR. FREDRIKSEN: Do you have targeted 25 attrition rates? Rita Gardner ~ Court Reporter ~ (908) 319-1195 9 1 MR. BRYANT: No. 2 MR. FREDRIKSEN: Do you have expected 3 attrition rates? 4 MR. BRYANT: No, we do not. 5 MR. FREDRIKSEN: Is the Company 6 seeking to grow the employees on-site or like just 7 keep them the same? 8 MR. BRYANT: I was certain -- I mean, 9 Yuk would have to tell you specifically, but I mean, 10 I don't believe there is any thought of reducing the 11 site. I mean, I would think -- I believe we would 12 have a presence here to meet the demands of 13 business. So, no, there are no plans to, you know, 14 reduce the head count at the site. 15 MR. FREDRIKSEN: But if your existing 16 employees are here and they are saying this is not 17 enough, and then you are having people leave and 18 citing this as a reason, I just don't see it. I 19 just don't see the logic behind why you say you are 20 comfortable, if you don't want to reduce the head 21 count at the site, unless you are targeting 22 attrition. 23 MR. BRYANT: But there are lots of 24 reasons, Tom, for why -- people give for leaving. 25 MR. FREDRIKSEN: Yes. This is one of Rita Gardner ~ Court Reporter ~ (908) 319-1195 10 1 them. 2 MR. BRYANT: Yes. I mean, there is a 3 number. So I mean, it is hard to pinpoint any 4 specific things at this point, to say, you know, 5 this would be, you know, what we would want to do. 6 There are no targets for attrition. We 7 don't have that. 8 MR. FREDRIKSEN: In the Company's 9 language -- sorry. In the program language that is 10 being extended to the rest of the employee body -- 11 this is taken from the program on the website. 12 "For purposes of PPTO, employed 13 includes employees at work, on disability, vacation 14 or holiday." 15 The Company did not include that 16 language in their proposal. Is it the Company's 17 intention to not extend the PPTO to employees on 18 disability, vacation or holiday? Why is this 19 language absent? 20 MR. BRYANT: I do not -- I do not 21 think that there is any reason that -- I mean, my 22 understanding is that that is the definition of an 23 active employee, as the Company defines it, what an 24 active employee is. When you are on disability, you 25 are still active. When you are on vacation, you are Rita Gardner ~ Court Reporter ~ (908) 319-1195 11 1 active status. When you are on holiday, you are on 2 active status. That is all that is referencing. 3 I mean, we didn't feel that was -- 4 because that is -- you know, to be employed, that is 5 what that -- I mean, even if you are on disability, 6 you are still employed. If you are on vacation, you 7 are still employed. If you are on holiday, you are 8 still employed. 9 MR. FREDRIKSEN: So any active 10 employee can take advantage of your language, is 11 what you are saying? 12 MR. BRYANT: Yes. We just don't feel 13 it is necessary to add, because, again, the people 14 eligible are active. So that is, you know, within 15 what we got on the table. It would cover that. 16 MR. FREDRIKSEN: Let's move on. 17 The Educational Refund Program. The 18 Company's last proposal says that the Educational 19 Refund Program is suspended. And since this was 20 proposed, the Company is bringing it back, starting 21 -- effective April 1 for the Bargaining Unit, and 22 has renamed it Tuition Assistance. 23 Is it your intention to leave the 24 language as it is? 25 MR. BRYANT: It is, because the Rita Gardner ~ Court Reporter ~ (908) 319-1195 12 1 paragraph above that says, "The Company, at its sole 2 discretion may change these plans and programs." 3 So that is -- no, we do not believe 4 that we need to -- this is the same as the Savings 5 Plan. It was suspended for a time period, but it is 6 not. 7 MR. FREDRIKSEN: But again, if we sign 8 a contract today, this says that the program is 9 suspended, and that is what that means. 10 So, the idea that you are going to sign 11 a contract, suspend it for a one-dimensional moment 12 of time and then reinstate it, is silly. I mean, 13 surely, you can see how silly that is. 14 Why not just remove it? 15 MR. BRYANT: It was suspended for a 16 period of time. 17 MR. FREDRIKSEN: But it says, "is 18 suspended". 19 MR. STRASSER: Tom, can I ask 20 something real quick? 21 MR. BRYANT: Sure. 22 MR. FREDRIKSEN: Please. 23 MR. STRASSER: So I am confused, Josh. 24 Between this Educational Refund language that you 25 guys want to keep in and the 401K match language, Rita Gardner ~ Court Reporter ~ (908) 319-1195 13 1 none of which really apply anymore, a big kind of 2 motivator for the Company, historically during these 3 negotiations was clarifying language in the contract 4 and cleaning up unnecessary kind stuff. 5 There is previous agreements to remove 6 old language referring to agreements made in the 7 '90s about workers coming from other sites and stuff 8 like that, that we took out, in part, because the 9 Company wanted to remove these parts that are no 10 longer relevant. 11 What is the sudden change to insisting 12 on keeping language that doesn't apply to anything 13 anymore, because these programs are returned in one 14 form or another? So, why all the insistence on 15 keeping pointless paragraphs of text in the 16 contract? Just as a historical record? 17 MR. BRYANT: I mean, again, my 18 understanding, you never agreed to the suspension 19 anyway, right, in the first place? 20 I mean, we provided notice. There is a 21 record that -- I mean, in terms of the Ed. Refund, 22 there is a record that we gave you of the notice 23 that it is coming back. 24 MR. FREDRIKSEN: But you have said 25 that you have no interest in a retroactive contract. Rita Gardner ~ Court Reporter ~ (908) 319-1195 14 1 MR. BRYANT: This just simply reflects 2 what happened. 3 MR. STRASSER: You might as well say 4 -- you might as well put a paragraph in here that 5 says, as of whatever date in like 1992, employees 6 are no longer allowed to smoke in the labs, because 7 it was a policy that used to be permitted and now 8 isn't anymore, and you want to keep it in there, 9 just for the sake of recordkeeping now. I am really 10 perplexed as to why we need this unnecessary 11 language maintained. 12 MR. BRYANT: Again, we want to 13 capture what was actually implemented. 14 MR. STRASSER: Okay. So we should put 15 those other paragraphs in there to reflect other 16 changes the Company has modified. 17 MR. BRYANT: I don't think anybody is 18 disputing those, Mike. I mean, I am just trying to 19 figure out. I don't think any of those things are 20 in dispute. 21 MR. STRASSER: So you are keeping 22 these in because you are disputing them? 23 MR. BRYANT: Well, they were in. If 24 you signed the agreement, they wouldn't be in 25 dispute and that type of thing. They were in Rita Gardner ~ Court Reporter ~ (908) 319-1195 15 1 dispute and the subject vetoed, we implemented these 2 things. 3 MR. STRASSER: Okay. So because we 4 objected, you want to keep those things in. That is 5 weird, but at least that is an answer. 6 MR. BRYANT: If that is how you want 7 to phrase it, that is fine. But the items were in 8 dispute and we implemented them during that time 9 period. 10 MR. FREDRIKSEN: I get it. I get it, 11 Josh. I am not being intentionally thick. I am 12 telling you it doesn't make any sense to put it in a 13 contract that is to be signed in the present or 14 future, to have language that way. I get it. I get 15 it. It just doesn't make sense. It is nonsense. 16 MR. BRYANT: And I appreciate that, 17 Tom. 18 MR. FREDRIKSEN: This is our data. 19 The Company has accepted our language, so I will not 20 go through that side agreement for LPS. 21 MR. BRYANT: All right. 22 MR. FREDRIKSEN: The Company has said 23 that they believe that they made LPS mandatory at 24 some indeterminate period of time in the past, 25 despite not notifying the Union or attempting to Rita Gardner ~ Court Reporter ~ (908) 319-1195 16 1 bargain, fulfill their duty to bargain over this 2 change. We have attempted to put water under the 3 bridge and have a side agreement in place that 4 acknowledges that that was a mistake and that we can 5 just fix it moving forward. 6 This is the form of the proposal that 7 we came up with, that we have had zero discourse 8 with, because you just don't want it in there at 9 all. 10 So what is a reason why you don't want 11 LPS to be in the contract? 12 MR. BRYANT: We have talked about 13 this. We disagree. We believe we did everything we 14 need to do to move forward with LPS. It is not 15 necessary, from the Company's perspective. 16 MR. FREDRIKSEN: Is it pride? I think 17 it is pride. 18 MR. BRYANT: No, I don't -- 19 MR. FREDRIKSEN: Because like we are 20 saying it doesn't matter if you disagree. You could 21 just fix a problem that we are saying exists, but 22 you don't have any interest in doing that. You 23 would rather stick to your guns and force an 24 expensive legal issue, force an extreme amount of 25 cost for the Company for no reason at all. Rita Gardner ~ Court Reporter ~ (908) 319-1195 17 1 MR. BRYANT: I mean, we disagree. We 2 provided notice. And again, we believe that safety 3 is a mandatory part of all jobs. 4 MR. FREDRIKSEN: Safety is. LPS is 5 not safety. They are not synonyms. LPS is a 6 program. 7 Are you telling me that programs are 8 different from benefits. Benefits are something 9 that you want to have uniform -- you can't tell me 10 that a program is implicitly part of the contract 11 when there is no mention of it in the contract. 12 This is a program, right? 13 MR. BRYANT: It is a safety program, 14 but again, we believe, that it is -- again, LPS is 15 the safety program for the site. It is safety in 16 the Company's view. 17 MR. FREDRIKSEN: It is safety? 18 MR. BRYANT: Yes. 19 MR. FREDRIKSEN: LPS is the only 20 possible way that the workers can be safe in the 21 past, present and future, because LPS is safety, 22 despite the fact that we have had -- 23 MR. BRYANT: No, but it is -- 24 MR. FREDRIKSEN: -- three iterations 25 of LPS. Rita Gardner ~ Court Reporter ~ (908) 319-1195 18 1 MR. BRYANT: -- a component of safety. 2 MR. FREDRIKSEN: It is a component of 3 safety. 4 MR. BRYANT: I mean, it is part of 5 how the safety program -- at the site of all the 6 things -- it is one of the things that we do to 7 ensure the safety of the site. 8 MR. FREDRIKSEN: Do you think you can 9 just change the working conditions of employees 10 under the guys of safety at will? 11 MR. BRYANT: We provided notice to 12 the Union of the change. 13 MR. FREDRIKSEN: When did you provide 14 notice to the Union of the mandatory nature of LPOs? 15 When did you do that? 16 MR. BRYANT: I will have to go back 17 and look at the notice, but I know that it was 18 provided. I don't have the specific date in front 19 of me, Tom. I would have to go look, but it was in 20 2018 sometime. 21 MR. FREDRIKSEN: In 2018, the Company 22 informed the Union that it intended to move -- was 23 that Focus LPS, the Focus LPOs, excuse me? The 24 Focus LPOs were not mandatory? 25 MS. LOUIE: Focus was in 2016. Rita Gardner ~ Court Reporter ~ (908) 319-1195 19 1 MR. FREDRIKSEN: It was 2016. So 2018 2 was the, quote/unquote, when you told us you were 3 moving to full LPS? 4 MS. LOUIE: 2018 is when we rolled LPS 5 out to the site, and that is when we gave the 6 notice. 7 MR. FREDRIKSEN: The notice said -- 8 MS. LOUIE: I don't have the 9 information in front of me. 10 MR. FREDRIKSEN: Okay. The notice 11 said nothing about anything being mandatory, just to 12 refresh your memory, at all, because I saw the 13 notice. 14 MR. BRYANT: Okay. 15 MR. FREDRIKSEN: Contracting out. 16 Tell me why I should agree to your proposal. 17 MR. BRYANT: We talked about this 18 language and what the Company is looking for in 19 terms of clarity and flexibility. Again, this was 20 something that was in dispute. There was an 21 arbitration about it. It is, again, clarifying what 22 the Company can and can't do and provides the 23 Company with the flexibility to run the business. 24 That is. Again, that is our -- I mean, 25 we think that that is helpful to both -- you know, Rita Gardner ~ Court Reporter ~ (908) 319-1195 20 1 when you have clarity, of course, you are hoping 2 there is no future disputes about the issue. So 3 that is our view of why it is important to have the 4 language. 5 MR. FREDRIKSEN: Do you think it is 6 either party's duty to solve problems that don't 7 exist? 8 MR. BRYANT: Well, I mean, this was a 9 problem, because it was in dispute, correct? 10 MR. FREDRIKSEN: No. That is not what 11 I am saying. 12 You just said that you want to make 13 sure that there will never be a problem in the 14 future, despite not having a crystal ball and 15 knowing what those problems could be. 16 So why do you feel that it is your duty 17 or obligation to solve those problems? 18 MR. BRYANT: I mean, there could be 19 disputes in the future. Again, we are trying to 20 minimize that risk with the language, but that is 21 not -- I mean, again, for both parties to be 22 disagreeing. Again, both parties understand what 23 the Company can and can't do with respect to 24 contractors, and that we are not -- there can still 25 be disputes with that language. That is not saying Rita Gardner ~ Court Reporter ~ (908) 319-1195 21 1 there could not ever be a dispute. 2 MR. FREDRIKSEN: But we could never 3 have a disputes resolved in arbitration. 4 MR. BRYANT: Yes, you can still file a 5 grievance and we could get to arbitration on an 6 issue. 7 MR. FREDRIKSEN: The Company has never 8 agreed with an arbitrator's decision in the entire 9 length of time that I have been involved in this 10 Union. You always take exception to it. 11 I have nothing but the past to show me 12 that the Company has no capacity to respect binding 13 arbitration. So with that being said and 14 understood, I don't see a situation arising where an 15 arbitration award will be abided by the Company. 16 What I see is that every issue will 17 have to be arbitrated again and again, because you 18 will just pretend that it is not binding. It 19 doesn't effect us. 20 MR. BRYANT: I mean, I don't think 21 that is what happened in the -- we don't agree with 22 it, and we have challenged the decision, but, just 23 like the Union would have the right to exercise its 24 legal rights with respect to something, that is what 25 the Company is doing here. Rita Gardner ~ Court Reporter ~ (908) 319-1195 22 1 MR. FREDRIKSEN: But again, every time 2 we have an issue arbitrated, these are the only 3 words that an arbitrator can look at. 4 So if there is an award granted to 5 either side that changes the status of contracting, 6 what is stopping you from just pretending it doesn't 7 exist and then us having to go to arbitration again 8 and then the arbitrator not being able to look at 9 what just happened. 10 MR. BRYANT: I think we explained 11 last time, the arbitrator could look at any 12 arbitration after the signing of -- 13 MR. FREDRIKSEN: You said it, but I 14 told you, just like the other things I told you that 15 is not what it says. That is not what it says. 16 MR. BRYANT: That is what it says to 17 us. 18 MR. FREDRIKSEN: I don't know if this 19 is gas lighting or what, but that is not what it 20 says. 21 MR. BRYANT: Okay. 22 MR. FREDRIKSEN: Let's circle back to 23 wages. I want to show a slide. The Company is 24 familiar with CPI, right, the Consumer Price Index? 25 MR. BRYANT: Yes. Jeffe, Yuk, are Rita Gardner ~ Court Reporter ~ (908) 319-1195 23 1 you familiar? 2 MS. McCLAIN: Yes, we are familiar. 3 MR. FREDRIKSEN: Just for the record, 4 the Consumer Price Index measures the change in 5 prices paid by consumers for goods and services. 6 The CPI reflects spending patterns for each of the 7 two population groups. 8 All urban consumers and urban wage 9 earners and clerical workers. The all urban 10 consumer group represents about 93 percent of the 11 U.S. population. CPIs are based on the prices of 12 food, clothing, shelter, fuels, transportation, 13 doctors' and dentists' services, drugs and other 14 goods and services that people buy for day-to-day 15 living. It is basically the cost that it takes to 16 stay alive in this country. 17 I have a slide here that shows the CPI 18 going back to 2012 for each month up to February of 19 2022. 20 Let me know if you see it. 21 MR. BRYANT: Yes. 22 MR. FREDRIKSEN: In June of 2017, 23 which was the last time we saw a raise, the CPI was 24 244.955. The CPI today is 283.716. That is an 25 increase of 15.8 percent. That is a 15.8 percent Rita Gardner ~ Court Reporter ~ (908) 319-1195 24 1 increase in the cost of living since the last time 2 we had a raise. 3 A five-year research technician makes 4 $86,556. In order to just break even for that 5 increase in cost of living -- so having no effective 6 increase in their spending power, to just break 7 even, they would have to be making $100,231 today. 8 Because we haven't had a raise in that 9 time, our pay has effectively been cut 13.6 percent. 10 Are you disputing any of these facts that I have 11 given to you? 12 MR. BRYANT: That is the data that you 13 are presenting, Tom, so I don't dispute the data 14 that you presented. We don't base our economic 15 proposal on CPI or inflation. Those are not factors 16 that we include. I think that has been stated in 17 the negotiations. 18 MR. FREDRIKSEN: That is fine, but it 19 is not all about what you want. It is about what 20 your employees are asking. It is about what your 21 employees expect. It is about keeping employees at 22 the site. It is about attracting good talent. And 23 your employees are interested in the cost of their 24 living and that is what I am here to tell you. 25 In order to understand our proposal, I Rita Gardner ~ Court Reporter ~ (908) 319-1195 25 1 have shown you how much money we should be making, 2 just based on the cost of living. Our proposal 3 doesn't come close to that. It is still below the 4 increase in cost of living. 5 MR. BRYANT: Given what you have said 6 about the CPI and the increase, I mean, I would say 7 that that is a correct statement. 8 MR. FREDRIKSEN: If the Company wants 9 to keep earnings competitive, you have to look at 10 the cost of living. If you want to attract talent 11 with competitive wages, you have to look at the cost 12 of living. If you want to incentivize loyalty to 13 this company for people to stay here for long-term, 14 you have to consider the cost of living. If you 15 want people to feel like their hard work is being 16 recognized by the Company, you have to consider the 17 cost of living. It is the only way that you can 18 revitalize the progression increases for these 19 employees here, to make them feel like they should 20 stay. 21 MR. BRYANT: I mean, I hear you. I 22 can tell you we recently were able to hire into the 23 Auto Technician ranks, and everyone accepted, that 24 an offer was made to. Again, that is another factor 25 that we look at. Our ability to hire. And we made Rita Gardner ~ Court Reporter ~ (908) 319-1195 26 1 an offer in AWTP, but I don't know if that job has 2 been accepted or not yet. 3 Yuk, you may know that. You are 4 nodding and smiling, so obviously it has been. 5 That is another factor, that we are 6 able to attract folks to the Company. I hear you, 7 but we disagree. 8 MR. FREDRIKSEN: My first job was a 9 benchtop Technician at Quest Diagnosis. The work 10 was awful. It was very repetitive. They did not 11 intellectually stimulate their employees in any 12 capacity. As a result, their employment model was 13 to hire 20-year-olds for one or two years, until 14 they got a better job. 15 So Quest was constantly training. They 16 were constantly having to go through the problems 17 associated with new employees, because you don't 18 really know how an employee is going to work out 19 until they are at the job. I am sure you guys can 20 appreciate that, as managers. It was bad. It was a 21 bad model. There was no research being done. That 22 was a production -- production is not the right 23 word. It was menial tasks. 24 That is not what this site does. This 25 site does real research. It always has for its past Rita Gardner ~ Court Reporter ~ (908) 319-1195 27 1 almost 50 years, I think, that is what been 2 existing. The Research Technicians go way above and 3 beyond the expectations most companies have for 4 technician-related jobs. A lot of the success of 5 this site is built on the labor that research 6 technicians contribute to the programs and projects. 7 I don't want to see this site become a 8 company like Quest Diagnostics, where people come 9 here, they view it like a side gig, and they 10 immediately start applying for better jobs. I can 11 tell you, that is what people are doing. That is 12 what a lot of people are doing. They don't even 13 view this as their real job. This is just the 14 temporary job. 15 The Company has made no effort to 16 stimulate their employees for years. You are 17 sticking to your guns that just because you can hire 18 people doesn't mean there is no problem. I just 19 think it is very sad. 20 MR. BRYANT: Tom, I hear you. I hope 21 that, like you said, it is not like the lab at Quest 22 Diagnostics. I do believe that people find the work 23 more fulfilling. 24 We believe our current offer provides 25 the ability, in positions to employees, to deliver Rita Gardner ~ Court Reporter ~ (908) 319-1195 28 1 what we need for the Corporation. 2 MR. FREDRIKSEN: How can I change your 3 belief? Would testimony change your belief, Josh? 4 MR. BRYANT: We are always happy to 5 hear from any employee about anything, but we have 6 to look at the factors that we talked about that we 7 have looked at. 8 MR. STRASSER: Josh, as CSR delegate, 9 I talk to a lot of people. I don't recall now, but 10 as one of the EM-Tech delegates, I guess, I will 11 tell you, I have had multiple technicians, under 12 five years with the Company, come into my lab to ask 13 me explicitly, to the day, what day they will be 14 vested in different programs because they intend to 15 quit the day after, because there is no motivation 16 for them to stay here long-term. 17 The Company has shown themselves to be 18 unwilling to make any kind of offer or incentivize 19 people in any way to make careers out of this place. 20 So now it has become an, "I will stay the absolute 21 minimum amount of time I have to in order to not 22 lose whatever pittance has been thrown at me, and 23 then I will leave." 24 I mean, if that is the way Exxon wants 25 to run their business, you guys are big fans of Rita Gardner ~ Court Reporter ~ (908) 319-1195 29 1 saying you are entitled to run it however you want, 2 but that is not a sustainable model. This is not 3 the golden days of the Company by any means, despite 4 their draw-dropping profits and unwillingness to 5 share them. This is not the period of time where 6 you can say, as long as we can hire people we will 7 be okay. That is not how this works anymore. So 8 that is something to keep in mind. 9 If your only intension is to keep butts 10 in seats, eventually you are going to have a lot 11 more seats that are empty, because people will not 12 stay around for this. 13 MR. FREDRIKSEN: You have unvested 14 laborers that don't care about the Company, don't 15 care about the work, that only care about using this 16 job as a springboard to get a better job. 17 I was trained by a person who put three 18 kids through college on the wages that they earned 19 through the '70s, '80s and '90s at this company. I 20 can't even imagine putting one kid through college 21 in this current day and age with the cost of tuition 22 and the increased cost of living, both of which the 23 Company doesn't care about at all, as evidenced by 24 the fact that you are offering less money for 25 tuition assistance than you were in the past. Rita Gardner ~ Court Reporter ~ (908) 319-1195 30 1 It really just seems like you are 2 trying to choke the employees to death until they 3 leave. That is what people feel. 4 MR. BRYANT: That is not our 5 intention. We would hope that people would focus on 6 the whole package. 7 MR. FREDRIKSEN: That doesn't work 8 when you can arbitrarily take away big parts of 9 whole package at will. But it doesn't matter if the 10 focus is on the whole package, because the whole 11 package isn't good. 12 MR. BRYANT: I understand that you 13 feel that way, but you have our offer. 14 MR. FREDRIKSEN: It is not me. I do 15 feel that way, but I am representing the employees 16 in this Union. They put me here to tell you what 17 they think. 18 MR. BRYANT: I understand that. When 19 I said "you", I know that you are speaking for 20 others, Tom. 21 MR. FREDRIKSEN: Do you have new 22 survey data from Towers & Willis? 23 MR. BRYANT: Meaning? 24 MR. FREDRIKSEN: New, meaning more 25 recent than 2020. Rita Gardner ~ Court Reporter ~ (908) 319-1195 31 1 MR. BRYANT: We do not have it here 2 in Clinton. No, we haven't seen the data. 3 MR. FREDRIKSEN: What does that mean? 4 MR. BRYANT: We don't have the data. 5 We have not seen it. 6 MR. FREDRIKSEN: Do you have to 7 request to get it? 8 MR. BRYANT: We would have to request 9 data, yes, if we wanted it. 10 MR. FREDRIKSEN: Do you want it? 11 MR. BRYANT: We have, at this point, 12 -- haven't felt any reason to get it, no. 13 MR. FREDRIKSEN: What the hell do you 14 do wage surveys for, Josh? 15 MR. BRYANT: Well, we don't do the 16 surveys. Towers does the survey, and then the 17 Company participates. 18 MR. FREDRIKSEN: Why do you pay for 19 them and participate in them if you don't care what 20 they say? 21 MR. BRYANT: They are used by -- I 22 mean, the data is used in other organizations, not 23 just us. If they choose to use it. It is their 24 choice. We participate because other companies want 25 data as well from time to time. Rita Gardner ~ Court Reporter ~ (908) 319-1195 32 1 MR. FREDRIKSEN: This is just the 2 worst thing -- this is nuts. It is nuts. You guys 3 based your whole wage proposal -- you don't even 4 know because you weren't on the team, around the 5 Towers Willis & Watson data. You talked about it 6 until you were blue in the face. You didn't. Russ 7 and Lyndsey did. And now there might be a survey 8 and you don't even care. It is wild. It is nuts. 9 Like, the survey could show that we are 10 the lowest-paying industry -- like company in oil 11 and gas and you just continue to tell me that our 12 wages are competitive. It is crazy, Josh. It is 13 nuts. 14 You guys aren't doing anything to show 15 that you care about this process. The barest of 16 minimum, which is send an e-mail to people who work 17 for the Company costs nothing. Just to get data. 18 That is nuts. 19 MR. BRYANT: I mean, we haven't felt 20 the need to get it. Like I say, you have the offer. 21 MR. FREDRIKSEN: Wow. Shame on me for 22 thinking you guys just didn't do it. It was way 23 worse than that. 24 Do you have any questions for me? 25 MR. BRYANT: No, we don't. We Rita Gardner ~ Court Reporter ~ (908) 319-1195 33 1 assumed after the last session, the ball was in your 2 court. 3 MR. FREDRIKSEN: The ball is in our 4 court. 5 MR. BRYANT: Yes. 6 Does anybody have any questions for the 7 team? If not, we should take a caucus. 8 I will get back to you, at least before 9 noon. If we need continue the caucus through lunch, 10 I will let you know. If not, I well let you know 11 when we can come back. Okay? 12 MR. BRYANT: Thank you, Tom. 13 (Remote negotiations recessed at 11:02 14 a.m. and resumed at 1:15 p.m.) 15 MR. FREDRIKSEN: Thank you for getting 16 back together with me. We have a counterproposal 17 for you today. 18 U-4, we are withdrawing the 19 Union-proposed side agreement and striking out all 20 of this language. So there will just be nothing 21 here. So the savings plan just is. I think this 22 makes the most obvious sense, given that we are 23 signing an agreement in the present and future 24 tense. 25 MR. BRYANT: Okay. Rita Gardner ~ Court Reporter ~ (908) 319-1195 34 1 MR. FREDRIKSEN: The Parental Paid 2 Time Off, we still think it is very important that 3 you recognize that the interest of your employees, 4 particularly people starting a career at this 5 company -- we understand you are seeking a contract 6 going out to 2025. So we adjusted the weekly 7 increments, such that it goes out to 2025. That is 8 the only change in that proposal. 9 MR. BRYANT: Okay. 10 MR. FREDRIKSEN: Section XY, Other 11 Programs. Change the language from Educational 12 Refund Program to Tuition Assistance Program and 13 then struck out the suspended language, because it 14 is not. 15 MR. BRYANT: Okay. 16 MR. FREDRIKSEN: U-10, I put in -- I 17 copied the thing that you sent me in an e-mail. So 18 we have it now. And the proposal on the table, 19 recognizing that the Company is seeking a contract 20 out to 2025, we are countering to accept that 21 length, but have not given up on the recommendation 22 to have the contract be retroactive. This comes out 23 to what we are asking for here. It comes out to an 24 11.47-percent raise over five years. And that 25 should be compared to the 15.8-percent increase in Rita Gardner ~ Court Reporter ~ (908) 319-1195 35 1 the Consumer Price Index. 2 So this is not even -- this wage 3 increase is higher than the Company's offer, but it 4 is not -- it is still not meeting inflation. We 5 think this is a reasonable ask. It is $4.76 total. 6 So unlike the percentages, there is no wacky 7 calculation involved. It is just $4.76 across the 8 unit. 9 This is new. This would be new, 10 comparing it to the old one, because we moved 11 everything up to the last three or four years and 12 then just added a new lower-paying Year 1. So 13 previously our proposal was 50 cents an hour in Year 14 1, 62 cents an hour in Year 2, 82 cents an hour in 15 Year 3, and $2.40 in Year 5. We added a new year to 16 the beginning as 42 cents an hour. 17 MR. BRYANT: Okay. Got it. 18 MR. FREDRIKSEN: Reflecting our 19 agreement on recognized holiday, we just left -- we 20 just put the language in black. So there are no 21 cross-outs and highlights. 22 MR. BRYANT: Okay. 23 MR. FREDRIKSEN: We have not made a 24 change to the side agreement involving LPS. No 25 changes there. Rita Gardner ~ Court Reporter ~ (908) 319-1195 36 1 MR. BRYANT: Okay. 2 MR. FREDRIKSEN: C2, the Union still 3 finds the Company's proposal unacceptable and has 4 raised a lot of concerns about the language, which 5 the Company has expressed no interest in changing or 6 fixing, but we recognize the difficulty in 7 implementing and reversing your 8 unilaterally-implemented proposal in the business 9 sense on a dime. So we are offering a grace period 10 of 30 days after the signing of contract, that any 11 consideration needs to be taken towards the -- I 12 mean, you should prepare in that 30 days, but any 13 consideration needs to be prepared for adjusting the 14 Company's contracting-out practice. 15 So it is reads, as part of this 16 memorandum of agreement, (no modifications to 17 current CBA language) any required adjustments to 18 the Company's previous contracting out practice will 19 apply 30 days after the signing of the agreement. 20 MR. BRYANT: Okay. 21 MR. FREDRIKSEN: That is it. 22 Do you have any questions? 23 MR. BRYANT: Not at the moment. 24 Team, do you guys have anything or are 25 you good? Rita Gardner ~ Court Reporter ~ (908) 319-1195 37 1 MS. LOUIE: I don't understand the 2 contracting. What does that mean? 3 MR. FREDRIKSEN: So you implemented 4 this proposal, which allows you to permanently 5 contract out jobs. And if you are permanently 6 contracting out jobs in the Bargaining Unit, you 7 must cease and desist from permanently contracting 8 out bargaining positions, because that is the 9 current contract language, but you only have -- you 10 have 30 days to figure it out rather than having to 11 make those changes immediately. 12 MS. LOUIE: Thanks for the 13 clarification. 14 MR. BRYANT: Now, let us get together 15 with the team and we will let you know when we are 16 ready to come back. 17 MR. FREDRIKSEN: All right. 18 MR. BRYANT: Thank you. 19 (Remote negotiations recessed at 1:26 20 p.m. and resumed at 2:15 p.m.) 21 MR. BRYANT: Thanks for the proposal. 22 You know, we have taken some time to review the 23 proposal. Our initial reaction was we were a little 24 disappointed. Just initially, it appears to take us 25 further apart, you know. However, we don't want to Rita Gardner ~ Court Reporter ~ (908) 319-1195 38 1 prejudge the proposal. We want to take some 2 additional time to think about it and then be in 3 touch. 4 If you guys don't have anything else, I 5 just recommend that we end for today. 6 MR. FREDRIKSEN: Can you elaborate on 7 your first impression a little bit? What is it that 8 is taking us further apart? 9 MR. BRYANT: The wages, it seems now 10 there is two years of retroactivity. The 11 contracting out, we would have to undo any of the 12 implemented contracting that we have done. 13 MR. FREDRIKSEN: That has been 14 consistent. So we haven't taken a step back from 15 our previous proposal. But as for the wages, the 16 Company is making -- you have taken the position 17 that you don't recognize when you move, when you 18 drop out the lowest year and move it up. You don't 19 recognize that as a change, right, even though it is 20 because you are extending the contract length to 21 2025. So that is what we did, extended it to 2025. 22 We just didn't remove the retroactivity to June 1. 23 MR. BRYANT: Of 2020? 24 MR. FREDRIKSEN: Yes. I am working 25 with you to go to 2025. Rita Gardner ~ Court Reporter ~ (908) 319-1195 39 1 MR. BRYANT: That is -- again, it 2 seems like an extra year on the front end -- well, 3 two years on the front end. 4 MR. FREDRIKSEN: It is a five-year 5 contract. I mean, remember, we started bargaining 6 asking for a two-year contract. When the Union asks 7 you for an extra year, that is a give. That is not 8 a backward step. 9 MR. BRYANT: It is backwards, though, 10 because it is not forward-looking, right? 11 MR. FREDRIKSEN: Our last proposal was 12 to 2024. 13 MR. BRYANT: Yes. 14 MR. FREDRIKSEN: So this is forward 15 looking to 2025. 16 MR. BRYANT: Yes, with, again, back 17 to 2020. 18 MR. FREDRIKSEN: We see that as a 19 change. 20 MR. BRYANT: Again, that is our 21 initial reaction. We don't want to prejudge 22 anything, but that was just an initial reaction to 23 reviewing the proposal. 24 MR. FREDRIKSEN: Consider the cost 25 savings of not bargaining again in 2024, but instead Rita Gardner ~ Court Reporter ~ (908) 319-1195 40 1 bargaining in 2025, because that is also part of it. 2 And the Company spends money when you put people in 3 bargaining and you set time to talk to your 4 attorneys and whatnot. So that is why companies ask 5 for longer contracts. 6 MR. BRYANT: I understand that, Tom, 7 and I appreciate you saying that. I understand. 8 That is just reaction. But on those kind of core 9 issues of the wages, of the contracting that we were 10 further apart. 11 MR. FREDRIKSEN: Okay. 12 MR. BRYANT: All right. If nothing 13 else, we will let you guys go and he would will be 14 in touch. 15 MR. FREDRIKSEN: Okay. Thank you. 16 (Remote negotiations adjourned at 17 2:21 p.m.) 18 19 20 21 22 23 24 25 Rita Gardner ~ Court Reporter ~ (908) 319-1195 41 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: March 28, 2022 21 22 23 24 25 Rita Gardner ~ Court Reporter ~ (908) 319-1195 $ $100,231 [1] - 24:8 $2.40 [1] - 35:16 $4.76 [2] - 35:6, 35:8 $86,556 [1] - 24:5 ' '70s [1] - 29:20 '80s [1] - 29:20 '90s [2] - 13:8, 29:20 1 1 [5] - 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8:19, 16:14, 16:21, 17:2, 26:8 disagreeing [1] - 20:23 disappointed [1] - 37:25 discourse [1] - 16:8 discretion [1] - 12:3 discussed [1] - 6:20 discussions [2] - 4:24, 5:2 dispute [8] - 14:21, 15:1, 15:2, 15:9, 19:21, 20:10, 21:2, 24:14 disputes [4] - 20:3, 20:20, 21:1, 21:4 disputing [3] - 14:19, 14:23, 24:11 distant [1] - 4:18 DO [1] - 41:10 doctors' [1] - 23:14 done [3] - 2:22, 26:22, 38:13 draw [1] - 29:5 draw-dropping [1] - 29:5 drop [1] - 38:19 dropping [1] - 29:5 drugs [1] - 23:14 during [2] - 13:3, 15:9 duty [3] - 16:2, 20:7, 20:17 E e-mail [3] - 2:8, 32:17, 34:18 earned [1] - 29:19 earners [1] - 23:10 earnings [1] - 25:10 economic [2] - 8:10, 24:15 Ed [1] - 13:22 Educational [4] - 11:18, 11:19, 12:25, 34:12 effect [1] - 21:20 Effective [1] - 4:9 effective [2] - 11:22, 24:6 effectively [1] - 24:10 effort [1] - 27:16 eight [2] - 6:18, 8:4 either [2] - 20:7, 22:6 elaborate [1] - 38:7 eligible [1] - 11:15 EM [1] - 28:11 EM-Tech [1] - 28:11 employed [5] - 10:13, 11:5, 11:7, 11:8, 11:9 Employee [1] - 3:5 employee [8] - 10:11, 10:24, 10:25, 11:11, 26:19, 28:6, 41:11, 41:13 employees [32] - 4:6, 4:13, 4:17, 4:22, 5:20, 6:10, 6:12, 6:17, 7:1, 7:2, 7:6, 7:19, 8:16, 8:21, 9:7, 9:17, 10:14, 10:18, 14:6, 18:10, 24:21, 24:22, 24:24, 25:20, 26:12, 26:18, 27:17, 28:1, 30:3, 30:16, 34:4 EMPLOYEES' [1] - 1:13 Employees' [3] - 4:10, 4:14, 5:21 employment [1] - 26:13 empty [1] - 29:12 EMRE [1] - 1:2 end [4] - 3:4, 38:6, 39:3, 39:4 ENGINEERING [1] - 1:10 ensure [1] - 18:8 entire [1] - 21:9 entitled [1] - 29:2 EST [1] - 1:5 ETHAN [1] - 1:15 eventually [1] - 29:11 evidenced [1] - 29:24 exception [1] - 21:11 excuse [1] - 18:24 exercise [1] - 21:24 exist [2] - 20:8, 22:8 existing [2] - 9:16, 27:3 exists [1] - 16:22 expect [1] - 24:22 expectations [1] - 27:4 expected [1] - 9:3 expensive [1] - 16:25 explained [1] - 22:11 explicitly [1] - 28:14 expressed [1] - 36:6 extend [1] - 10:18 extended [3] - 6:10, 10:11, 38:22 extending [1] - 38:21 extent [1] - 4:15 extra [2] - 39:3, 39:8 extreme [1] - 16:25 Exxon [2] - 8:6, 28:25 ExxonMobil [3] - 4:16, 4:19, 8:2 EXXONMOBIL [1] - 1:10 F face [1] - 32:7 fact [2] - 17:23, 29:25 factor [2] - 25:25, 26:6 factors [2] - 24:16, 28:7 facts [1] - 24:11 familiar [3] - 22:25, 23:2, 23:3 family [2] - 7:18, 7:25 fans [1] - 29:1 far [3] - 6:7, 6:15, 8:6 February [3] - 2:2, 2:20, 23:19 felt [2] - 31:13, 32:20 FERRO [1] - 1:15 figure [2] - 14:20, 37:11 file [1] - 21:5 financially [1] - 41:14 fine [4] - 5:11, 6:23, 15:8, 24:19 first [5] - 3:1, 5:13, 13:20, 26:9, 38:8 five [8] - 6:9, 6:17, 7:12, 8:12, 24:4, 28:13, 34:25, 39:5 five-day [1] - 6:9 five-year [2] - 24:4, 39:5 fix [2] - 16:6, 16:22 fixing [1] - 36:7 flex [1] - 8:8 flexibility [4] - 7:14, 7:17, 19:20, 19:24 floating [1] - 2:13 focus [2] - 30:6, 30:11 Focus [4] - 18:24, 18:25, 19:1 folks [1] - 26:7 following [1] - 5:1 food [1] - 23:13 force [2] - 16:24, 16:25 foregoing [1] - 41:6 form [2] - 13:15, 16:7 forth [2] - 7:5, 41:9 forward [5] - 5:24, 16:6, 16:15, 39:11, 39:15 forward-looking [1] - 39:11 four [1] - 35:12 FREDRIKSEN [89] - 1:14, 2:1, 2:5, 2:15, 2:19, 3:1, 3:12, 3:17, 3:22, 4:1, 4:8, 5:14, 6:4, 7:13, 8:25, 9:3, 9:6, 9:16, 10:1, 10:9, 11:10, 11:17, 12:8, 12:18, 12:23, 13:25, 15:11, 15:19, 15:23, 16:17, 16:20, 17:5, 17:18, 17:20, 17:25, 18:3, 18:9, 18:14, 18:22, 19:2, 19:8, 19:11, 19:16, 20:6, 20:11, 21:3, 21:8, 22:2, 22:14, 22:19, 22:23, 23:4, 23:23, 24:19, 25:9, 26:9, 28:3, 29:14, 30:8, 30:15, 30:22, 30:25, 31:4, 31:7, 31:11, 31:14, 31:19, 32:22, 33:4, 33:16, 34:2, 34:11, 34:17, 35:19, 35:24, 36:3, 36:22, 37:4, 37:18, 38:7, 38:14, 38:25, 39:5, 39:12, 39:15, 39:19, 39:25, 40:12, 40:16 Friday [1] - 1:5 front [4] - 18:19, 19:10, 39:3, 39:4 fuels [1] - 23:13 fulfill [1] - 16:2 fulfilling [1] - 27:24 full [3] - 6:9, 8:23, 19:4 FURTHER [1] - 41:10 future [6] - 15:15, 17:22, 20:3, 20:15, 20:20, 33:24 G GARDNER [1] - 41:4 gas [2] - 22:20, 32:12 gig [1] - 27:10 given [4] - 24:12, 25:6, 33:23, 34:22 globally [2] - 7:13, 8:1 golden [1] - 29:4 goods [2] - 23:6, 23:15 grace [1] - 36:10 granted [1] - 22:5 grievance [1] - 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5:3 includes [1] - 10:14 increase [8] - 24:1, 24:2, 24:6, 24:7, 25:5, 25:7, 35:1, 35:4 increased [1] - 29:23 increases [1] - 25:19 increments [1] - 34:8 INDEPENDENT [1] - 1:13 indeterminate [1] - 15:25 Index [3] - 22:25, 23:5, 35:2 industries [1] - 8:3 industry [2] - 8:6, 32:11 inflation [2] - 24:16, 35:5 information [1] - 19:10 informed [1] - 18:23 initial [3] - 37:24, 39:22, 39:23 insistence [1] - 13:15 insisting [1] - 13:12 instead [2] - 6:11, 40:1 intellectually [1] - 26:12 intend [1] - 28:15 intended [1] - 18:23 intension [1] - 29:10 intent [2] - 3:20, 7:22 intention [4] - 3:9, 10:18, 11:24, 30:6 intentionally [1] - 15:12 interest [4] - 14:1, 16:23, 34:4, 36:6 interested [2] - 24:24, 41:14 involved [2] - 21:10, 35:8 involving [1] - 35:25 issue [6] - 6:21, 16:25, 20:3, 21:7, 21:17, 22:3 issues [1] - 40:10 items [2] - 2:17, 15:8 iterations [1] - 17:25 J Jeffe [1] - 23:1 JEFFELEE [1] - 1:11 Jersey [2] - 41:5, 41:18 job [8] - 26:2, 26:9, 26:15, 26:20, 27:14, 27:15, 29:17 jobs [5] - 17:4, 27:5, 27:11, 37:6, 37:7 JOSH [1] - 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9:20 long-term [3] - 7:15, 25:14, 28:17 look [12] - 8:15, 8:21, 8:22, 18:18, 18:20, 22:4, 22:9, 22:12, 25:10, 25:12, 26:1, 28:7 looked [1] - 28:8 looking [3] - 19:19, 39:11, 39:16 lose [1] - 28:23 lost [1] - 7:18 LOUIE [6] - 1:12, 19:1, 19:5, 19:9, 37:2, 37:13 lower [1] - 35:13 lower-paying [1] - 35:13 lowest [2] - 32:11, 38:19 lowest-paying [1] - 32:11 loyalty [1] - 25:13 LPOs [3] - 18:15, 18:24, 18:25 LPS [14] - 15:21, 15:24, 16:12, 16:15, 17:5, 17:6, 17:15, 17:20, 17:22, 18:1, 18:24, 19:4, 19:5, 35:25 lunch [1] - 33:10 LYNDA [1] - 1:17 Lyndsey [1] - 32:8 M mail [3] - 2:8, 32:17, 34:18 maintained [1] - 14:12 MANAGER [2] - 1:11, 1:12 managers [1] - 26:21 mandating [1] - 8:5 mandatory [5] - 15:24, 17:4, 18:15, 18:25, 19:12 March [2] - 1:5, 41:20 match [4] - 4:9, 4:12, 5:15, 13:1 Match [5] - 4:19, 4:25, 5:2, 5:5, 5:19 matter [2] - 16:21, 30:10 McCLAIN [2] - 1:11, 23:3 mean [35] - 3:14, 3:19, 3:20, 4:3, 6:1, 9:9, 9:10, 9:12, 10:3, 10:4, 10:22, 11:4, 11:6, 12:13, 13:18, 13:21, 13:22, 14:19, 17:2, 18:5, 19:25, 20:9, 20:19, 20:22, 21:21, 25:7, 25:22, 27:19, 28:25, 31:4, 31:23, 32:20, 36:13, 37:3, 39:6 meaning [2] - 30:24, 30:25 means [2] - 12:10, 29:4 measures [1] - 23:5 meet [1] - 9:13 meeting [1] - 35:5 meetings [1] - 5:3 memorandum [1] - 36:17 memory [1] - 19:13 menial [1] - 26:24 mention [1] - 17:12 met [1] - 2:1 mICHAEL [1] - 1:16 MICHAEL [1] - 1:17 might [3] - 14:4, 14:5, 32:8 Mike [1] - 14:19 mind [2] - 2:19, 29:9 minimize [1] - 20:21 minimum [2] - 28:22, 32:17 mistake [1] - 16:5 model [3] - 26:13, 26:22, 29:3 modifications [1] - 36:17 modified [3] - 2:6, 2:7, 14:17 modify [1] - 6:23 MOLINA [1] - 1:16 moment [2] - 12:12, 36:24 money [3] - 25:2, 29:25, 40:3 month [1] - 23:19 most [2] - 27:4, 33:23 motivation [1] - 28:16 motivator [1] - 13:3 move [5] - 11:17, 16:15, 18:23, 38:18, 38:19 moved [1] - 35:11 moving [2] - 16:6, 19:4 MR [187] - 2:1, 2:4, 2:5, 2:14, 2:15, 2:18, 2:19, 2:25, 3:1, 3:10, 3:12, 3:14, 3:17, 3:19, 3:22, 3:24, 4:1, 4:3, 4:8, 5:7, 5:14, 5:16, 6:4, 6:19, 7:13, 8:13, 8:25, 9:2, 9:3, 9:5, 9:6, 9:9, 9:16, 9:24, 10:1, 10:3, 10:9, 10:21, 11:10, 11:13, 11:17, 12:1, 12:8, 12:16, 12:18, 12:20, 12:22, 12:23, 12:24, 13:18, 13:25, 14:2, 14:4, 14:13, 14:15, 14:18, 14:22, 14:24, 15:4, 15:7, 15:11, 15:17, 15:19, 15:22, 15:23, 16:13, 16:17, 16:19, 16:20, 17:2, 17:5, 17:14, 17:18, 17:19, 17:20, 17:24, 17:25, 18:2, 18:3, 18:5, 18:9, 18:12, 18:14, 18:17, 18:22, 19:2, 19:8, 19:11, 19:15, 19:16, 19:18, 20:6, 20:9, 20:11, 20:19, 21:3, 21:5, 21:8, 21:21, 22:2, 22:11, 22:14, 22:17, 22:19, 22:22, 22:23, 23:1, 23:4, 23:22, 23:23, 24:13, 24:19, 25:6, 25:9, 25:22, 26:9, 27:21, 28:3, 28:5, 28:9, 29:14, 30:5, 30:8, 30:13, 30:15, 30:19, 30:22, 30:24, 30:25, 31:2, 31:4, 31:5, 31:7, 31:9, 31:11, 31:12, 31:14, 31:16, 31:19, 31:22, 32:2, 32:20, 32:22, 33:1, 33:4, 33:6, 33:13, 33:16, 34:1, 34:2, 34:10, 34:11, 34:16, 34:17, 35:18, 35:19, 35:23, 35:24, 36:2, 36:3, 36:21, 36:22, 36:24, 37:4, 37:15, 37:18, 37:19, 37:22, 38:7, 38:10, 38:14, 38:24, 38:25, 39:2, 39:5, 39:10, 39:12, 39:14, 39:15, 39:17, 39:19, 39:21, 39:25, 40:7, 40:12, 40:13, 40:16 MS [6] - 19:1, 19:5, 19:9, 23:3, 37:2, 37:13 multiple [1] - 28:12 must [1] - 37:8 N nature [1] - 18:15 necessary [2] - 11:14, 16:16 need [7] - 3:22, 12:5, 14:11, 16:15, 28:2, 32:21, 33:10 needs [2] - 36:12, 36:14 negotiate [1] - 5:11 negotiations [6] - 4:16, 13:4, 24:18, 33:14, 37:20, 40:17 Negotiations [1] - 1:4 never [4] - 13:19, 20:14, 21:3, 21:8 New [2] - 41:5, 41:18 new [7] - 26:18, 30:22, 30:25, 35:10, 35:13, 35:16 none [1] - 13:2 nonrepresented [1] - 7:6 nonsense [1] - 15:16 nonUnion [1] - 6:12 nonUnion- represented [1] - 6:12 noon [1] - 33:10 norm [2] - 8:6 Notary [2] - 41:4, 41:18 nothing [5] - 19:12, 21:12, 32:18, 33:21, 40:13 notice [10] - 13:21, 13:23, 17:3, 18:12, 18:15, 18:18, 19:7, 19:8, 19:11, 19:14 notifying [1] - 16:1 number [2] - 5:8, 10:4 nuts [5] - 32:3, 32:9, 32:14, 32:19 O objected [1] - 15:5 obligating [1] - 4:5 obligation [1] - 20:18 obvious [1] - 33:23 obviously [2] - 7:11, 26:5 October [9] - 3:11, 3:15, 4:9, 5:2, 5:24, 5:25, 6:1 offer [10] - 5:10, 8:16, 8:23, 25:25, 26:2, 27:25, 28:19, 30:14, 32:21, 35:4 offering [2] - 29:25, 36:10 oil [1] - 32:11 old [2] - 13:7, 35:11 on-site [1] - 9:7 one [10] - 5:8, 7:23, 10:1, 12:12, 13:14, 18:7, 26:14, 28:11, 29:21, 35:11 one-dimensional [1] - 12:12 ongoing [2] - 4:24, 5:2 OPERATIONS [1] - 1:12 order [3] - 24:5, 25:1, 28:22 organizations [1] - 31:23 originally [1] - 3:6 otherwise [1] - 4:17 outs [1] - 35:22 P p.m [4] - 33:15, 37:21, 40:18 package [6] - 7:3, 7:11, 30:7, 30:10, 30:11, 30:12 page [2] - 3:1, 3:5 Paid [1] - 34:2 paid [2] - 6:6, 23:6 paragraph [3] - 5:13, 12:2, 14:5 paragraphs [2] - 13:16, 14:16 Parental [2] - 6:6, 34:2 parental [1] - 8:7 part [7] - 7:3, 13:9, 17:4, 17:11, 18:5, 36:16, 40:2 participate [2] - 31:20, 31:25 participates [1] - 31:18 particularly [1] - 34:5 parties [4] - 4:15, 20:22, 20:23, 41:12 parts [2] - 13:10, 30:9 party's [1] - 20:7 past [6] - 4:4, 15:25, 17:22, 21:12, 27:1, 30:1 patterns [1] - 23:7 pay [2] - 24:10, 31:19 paying [2] - 32:11, 35:13 people [26] - 7:3, 7:14, 7:16, 7:22, 7:24, 8:1, 9:18, 9:25, 11:14, 23:15, 25:14, 25:16, 27:9, 27:12, 27:13, 27:19, 27:23, 28:10, 28:20, 29:7, 29:12, 30:4, 30:6, 32:17, 34:5, 40:3 percent [7] - 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23:18 sic [1] - 4:10 side [6] - 15:21, 16:4, 22:6, 27:10, 33:20, 35:25 sign [3] - 5:4, 12:8, 12:11 signed [2] - 14:25, 15:14 signing [4] - 22:13, 33:24, 36:11, 36:20 silly [2] - 12:13, 12:14 simply [1] - 14:2 SITE [2] - 1:11, 1:12 site [14] - 6:11, 9:7, 9:12, 9:15, 9:22, 17:16, 18:6, 18:8, 19:6, 24:23, 26:25, 27:1, 27:6, 27:8 sites [1] - 13:8 situation [1] - 21:15 slide [2] - 22:24, 23:18 smiling [1] - 26:5 SMITH [1] - 1:17 smoke [1] - 14:7 sole [1] - 12:2 solve [2] - 20:7, 20:18 sometime [2] - 2:22, 18:21 sorry [1] - 10:10 speaking [1] - 30:20 specific [2] - 10:5, 18:19 specifically [1] - 9:10 spending [2] - 23:7, 24:7 spends [1] - 40:3 springboard [1] - 29:17 staffed [1] - 7:22 start [1] - 27:11 started [1] - 39:6 starting [3] - 2:8, 11:21, 34:5 State [2] - 41:5, 41:18 statement [1] - 25:8 status [3] - 11:2, 11:3, 22:6 stay [7] - 7:24, 23:17, 25:14, 25:21, 28:17, 28:21, 29:13 staying [1] - 7:22 stenographically [1] - 41:8 step [2] - 38:15, 39:9 STEWARD [1] - 1:17 stick [1] - 16:24 sticking [1] - 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4:19, 23:12 unacceptable [1] - 36:4 under [3] - 16:3, 18:11, 28:12 understood [1] - 21:15 undo [1] - 38:12 uniform [1] - 17:10 uniformly [2] - 4:13, 5:20 unilaterally [1] - 36:9 unilaterally- implemented [1] - 36:9 Union [11] - 6:17, 16:1, 18:13, 18:15, 18:23, 21:11, 21:24, 30:17, 33:20, 36:3, 39:7 UNION [1] - 1:13 Union's [1] - 2:12 Union-proposed [1] - 33:20 Union-represented [1] - 6:17 Unit [2] - 11:22, 37:7 unit [2] - 4:17, 35:9 unless [1] - 9:22 unlike [1] - 35:7 unnecessary [2] - 13:5, 14:11 unvested [1] - 29:14 unwilling [1] - 28:19 unwillingness [1] - 29:5 up [7] - 2:20, 13:5, 16:8, 23:19, 34:22, 35:12, 38:19 updated [1] - 2:7 urban [3] - 23:9, 23:10 V vacation [4] - 10:14, 10:19, 11:1, 11:7 vested [1] - 28:15 vetoed [1] - 15:2 VIA [1] - 1:7 via [1] - 2:7 view [4] - 17:17, 20:4, 27:10, 27:14 W wacky [1] - 35:7 wage [4] - 23:9, 31:15, 32:4, 35:3 wages [7] - 22:24, 25:12, 29:19, 32:13, 38:10, 38:16, 40:10 wants [2] - 25:9, 28:25 water [1] - 16:3 Watson [1] - 32:6 website [1] - 10:12 weekly [1] - 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