1 1 2 EMRE - ILEU 3 4 Collective Bargaining Agreement Negotiations 5 Friday, May 21, 2021 Commencing at 12:00 a.m. 6 7 HELD REMOTELY VIA ZOOM 8 --- Day 57 --- 9 P R E S E N T: 10 EXXONMOBIL RESEARCH AND ENGINEERING COMPANY: 11 JEFFELEE McCLAIN, CLINTON SITE HR MANAGER 12 JOSH BRYANT, CLINTON SITE LABOR ADVISOR YUK LOUIE, R&D OPERATIONS MANAGER 13 INDEPENDENT LABORATORY EMPLOYEES' UNION: 14 STEVEN RAGOMO, PRESIDENT 15 THOMAS FREDRIKSEN, VICE PRESIDENT ETHAN SEBASCO, SECRETARY (Morning Only) 16 THOMAS FERRO, TREASURER DAVID LEBRON, ACT DELEGATE 17 MICHAEL MOLINA, PO&T DELEGATE PAUL MADIARA, DELEGATE 18 MICHAEL STRASSER, CSR STEWARD 19 20 21 22 23 24 25 Rita Gardner ~ Court Reporter ~ (908) 319-1195 2 1 MS. McCLAIN: I appreciate you 2 accommodating my schedule. I apologize for the 3 delay, but if -- I don't want to hold up anybody. I 4 know we are going to go until 4:00. Is that okay 5 with everybody? 6 MR. FREDRIKSEN: It is okay with me. I 7 am good with it. 8 Steve, are you okay with that? 9 MR. RAGOMO: I am okay with that. 10 MS. McCLAIN: I appreciate that. 11 MR. FREDRIKSEN: So we had some 12 information requests. And I apologize, we got some 13 of them in writing back to you pretty late. I was 14 wondering if you had a chance to work on any of them 15 anyway, because the only new part of the request was 16 asking who the chief of the boiler room was, but I 17 thought that was a pretty straightforward question. 18 MS. McCLAIN: We started. I don't have 19 an update for you because we are relying on some of 20 the other information from recruiting that we 21 haven't received just yet. So we are still waiting 22 on that. 23 MR. FREDRIKSEN: That is fine. It was 24 fairly late. We have a counterproposal for you this 25 afternoon. Rita Gardner ~ Court Reporter ~ (908) 319-1195 3 1 MS. McCLAIN: Okay. So I will send 2 that over, now. 3 MR. RAGOMO: Just for reference, Tom, 4 this is Day 57; is that correct? 5 MR. FREDRIKSEN: Yes. 6 MS. McCLAIN: Yes. 7 MR. RAGOMO: And it is May the 21st. 8 We are starting somewhere around 13:00 hours. 9 And, Tom, just let me ask the question 10 before we start sharing the counterproposal 11 regarding a mediator and seeing where the Company's 12 position, if it has changed or not regarding 13 bringing a mediator in. 14 MS. McCLAIN: I think we would like to 15 see the proposal that you guys are putting on the 16 table and consider it, you know, what you guys have 17 to say before we give an answer as to whether or not 18 we think that is -- that might sway our decision one 19 way or another. But as of right now, we are 20 continuing to be interested in what you guys have to 21 say and discussing it here at the table. 22 MR. RAGOMO: So the Company's position 23 is they are still refusing a mediator? 24 MS. McCLAIN: We just don't see the 25 need for one at this point and would prefer to Rita Gardner ~ Court Reporter ~ (908) 319-1195 4 1 continue and work out the bargaining between the 2 parties here at the table. 3 MR. RAGOMO: So the Company is refusing 4 a mediator? 5 MS. McCLAIN: We are not refusing a 6 mediator. We simply prefer not to have a mediator. 7 We don't think we need one, and we think we can 8 continue to work with you all to see what you guys 9 have to say and consider your proposals. 10 MR. RAGOMO: Well, 56 bargaining 11 sessions and now onto a 57th, and the Company's 12 position is still believing three years -- almost 13 three years without a contract that a mediator would 14 not do anything to try and help us to reconcile. 15 That is the Company's position? 16 MS. McCLAIN: Our position is like I 17 said, you said you have a proposal, we would like to 18 see it and consider it. 19 MR. RAGOMO: Without considering a 20 mediator? 21 MS. McCLAIN: At this time. 22 MR. RAGOMO: Okay. 23 It is all yours, Tom. 24 MR. FREDRIKSEN: Okay. I am just 25 checking my version, making sure the one I present Rita Gardner ~ Court Reporter ~ (908) 319-1195 5 1 is the one that I sent you. 2 MS. McCLAIN: I understand that. It 3 appears to be so. 4 MR. FREDRIKSEN: This would be -- let 5 me know if you see it. 6 MS. McCLAIN: Okay. It is coming 7 through. 8 MR. FREDRIKSEN: Starting from the top. 9 This is a counterproposal dated May 21, 2021. In 10 addition to all previous tentative agreements, the 11 Union counters with the following package: 12 No change to the first page. Part of 13 our information request is to seek understanding for 14 how the Company intends to, you know, justify its 15 proposal on the levels for Auto Mechanic, and we are 16 looking forward to that response. 17 "C2. The Union proposes the following 18 side agreement regarding contracting. The purpose 19 of independent contractors is not to erode the 20 bargaining unit, nor to restrict or limit its 21 growth." 22 You may or may not be familiar with 23 this language. This was in proposals long since 24 passed that the Company said it believed was true 25 regardless of whether it was in the proposal or not. Rita Gardner ~ Court Reporter ~ (908) 319-1195 6 1 We had asked the Company to reflect its 2 understanding in the proposal for clarity and at the 3 time the Company had refused to do so. They thought 4 it was not necessary to do that. 5 Based on our conversations last week, I 6 believe that the Company now may be more interested 7 in having language like that, to provide clarity on 8 the Company's strategy moving forward regarding 9 contractors. So that is a new sentence. 10 "Moving forward, the Company may, 11 across all job families, utilize contractors to 12 staff relative to projects, work fluctuations and 13 other short term or discreet business needs. The 14 Company may, without objection from the Union for 15 the length of this side agreement, contract out the 16 following job families." 17 And the job families are listed. 18 I removed the word "temporarily" from 19 contract out from before contract out, because I 20 heard some concerns from the Company that that was 21 confusing and misleading. So we removed that. So 22 now it just says what you can do and it is very 23 clear. 24 Moving onto the service fee language. 25 "For any contractor in these positions, the Company Rita Gardner ~ Court Reporter ~ (908) 319-1195 7 1 shall be required, as a condition of the 2 contractor's initial and continued service with 3 EMRE, to pay the Union a monthly service fee of 4 38.16." 5 Last week the Company said that 6 calculating the cost of everybody's hourly rate was 7 an administrative burden. You also said that it was 8 uncertain because our dues could change at any time 9 and that you didn't have any say in that, which is 10 true. So instead of having language about Union 11 dues, I looked at the average hourly rate for the 12 bargaining unit and it is currently 38.16. So I 13 just put the number there. And if any changes, up 14 or down, needed to be made to that number, it would 15 be done so at bargaining, just like any other 16 proposal. 17 So now there is no uncertainty. We 18 have continued to strike out the language regarding 19 performing work off-site. We believe that the 20 Company has not provided any justification or 21 reasoning as to why they want the language that has 22 any concrete representation about anything that has 23 happened since you implemented your proposal on 24 October 1. So you didn't need it then, it sure 25 doesn't sound like you need it now. Rita Gardner ~ Court Reporter ~ (908) 319-1195 8 1 Moving forward to the arbitration 2 language. "Any arbitrator ruling regarding what 3 positions may be contracted and/or the duration of 4 contracting shall be limited to the terms of the 5 entire CBA, past arbitrations involving the ILEU, 6 and all records of discussions between the ILEU and 7 EMRE management involving contracting. Nothing in 8 this side letter shall be construed to exempt the 9 Company from or override, in any way, all applicable 10 labor laws and regulations." 11 There was a comment last week that the 12 -- we had two conflicting philosophies in the 13 language. We had it being kept between the ILEU and 14 EMRE and then we had industry standards, which opens 15 it up to everything. So we took out industry 16 standards. We heard what your concern was. We took 17 that out, because it is a vague statement and it is 18 not really clear on what that would mean. So, you 19 know, we heard what you said and we took it out. 20 However, we don't believe that anything 21 is going to allow the Company to circumvent the law, 22 nor should it, with or without the language that we 23 have added in there. However, in order to preserve 24 clarity for the Ash, which the Company said that 25 they would like to do moving forward, we included Rita Gardner ~ Court Reporter ~ (908) 319-1195 9 1 language to that effect. 2 No change to the rest of the proposal. 3 Any questions so far or can I move on? 4 MS. McCLAIN: You can move on. I would 5 just like to just hear -- 6 MR. FREDRIKSEN: We made no changes to 7 the other items until the Savings Plan Match. We 8 made a minor change to the Savings Plan Match that I 9 think will help -- some minor language change, but I 10 think it is a pretty significant change in probably 11 maybe the idea of what the proposal is meant to do. 12 So I am going to try to switch my sharing screen. 13 Let me see if you see the shared 14 Savings Plan Match proposal. 15 MS. McCLAIN: Yes. 16 MR. FREDRIKSEN: Okay. Side agreement 17 dated May 21, 2021 on the Company match. "This 18 agreement is entered into by the ILEU and ExxonMobil 19 Research and Engineering, herein after known as the 20 Company on the day the agreement is reached. The 21 Company match is suspended. In the event of the 22 suspension of the Company match contribution is 23 lifted at any time for any U.S.-based employees 24 within ExxonMobil, the Company shall immediately 25 reinstate the match for all bargaining unit Rita Gardner ~ Court Reporter ~ (908) 319-1195 10 1 employees at that time. 2 "On the date the Company reinstates the 3 match, any employees within the bargaining unit that 4 were affected by the match suspension will, from 5 this point forward, be protected from any future 6 suspension the Savings Plan Match until the date 7 that they retire, are promoted, or transferred out 8 of the bargaining unit or otherwise separated from 9 the Company. 10 "Any Savings Plan Match increases that 11 are applied to U.S.-based employees of ExxonMobil 12 will apply to these protected individuals, but it 13 may not be decreased for any reason. 14 "The parties agree that this agreement 15 is entered into on a non-precedent setting basis and 16 shall not be used in the future by the Company or 17 the Union in any attempt to modify the Company's 18 obligations under the Savings Plan or any other 19 negotiated or implied benefit." 20 So this is a little more reflective now 21 of our intent. This is meant to be an agreement 22 that stands on it is own for what you are doing now. 23 So it protects the Company from any past practice 24 liability or anything like that. If you agree to 25 this, then I think that makes it a little more Rita Gardner ~ Court Reporter ~ (908) 319-1195 11 1 favorable, or at least I believe it should. 2 So let me move on again, I am going to 3 switch my screen one more time. Let me know when 4 you see it. 5 MS. McCLAIN: Yes. 6 MR. FREDRIKSEN: Okay. No changes to 7 on any other portion until we get to U-10 for Wages. 8 "The pay schedules will be adjusted for 9 all positions, retroactive to June 1, 2020. One 10 percent in Year 1, 1.5 percent in Year 2, 2 percent 11 in Year 3, 7.54 percent in Year 4." 12 So that is -- we agree to that -- no 13 change to that portion of the proposal. 14 However, we struck out all language 15 regarding the ratification bonus. The Company has 16 said many times throughout this late stage of 17 bargaining that they are interested in immediate 18 cost savings. So with this proposal, we are saving 19 the Company $517,000. We believe that our 20 membership, and we know that our membership 21 recognizes what the Company is doing with the 22 ratification bonus and is not interested in being 23 extorted in that manner. 24 We provided a motion before the 25 membership. We asked them whether they wanted to Rita Gardner ~ Court Reporter ~ (908) 319-1195 12 1 vote on the contract. And overwhelmingly, more than 2 three to one of the people who voted, and it was one 3 of our highest attended meetings in our history, 4 voted not to vote on the Company's current offer, 5 which was including a 2500-dollar ratification 6 bonus, which the Company added a drop dead date of 7 June 30. 8 So I want to be absolutely clear. The 9 ratification bonus doesn't have any weight to it 10 anymore. We recognize what the Company is trying to 11 do with it, and we are not interested in playing 12 that game. So our proposal is to strike it 13 entirely. Not only is this a huge cost savings to 14 the Company, but it represents our willingness to 15 get a contract now and our recognition that there 16 are bigger things at stake here. 17 Steve, is there anything that you would 18 like to add? 19 MR. RAGOMO: I just want to emphasize 20 your point, Tom, to say that it was overwhelming in 21 terms of the support from the membership regarding 22 the $2500 not being an issue for anyone, and we have 23 full support of our membership. So that is it. 24 MR. FREDRIKSEN: That is right. So you 25 can take the $2,500 for all our members and use that Rita Gardner ~ Court Reporter ~ (908) 319-1195 13 1 to pay for our proposal on wages. 2 MS. McCLAIN: Okay. All right. 3 MR. FREDRIKSEN: That is it. 4 MS. McCLAIN: Okay. Of course we will 5 need to caucus and discuss. But we do have just a 6 couple of -- I just have a couple questions if that 7 is all right. I am sure there will be more, but 8 just -- 9 MR. FREDRIKSEN: Go ahead. 10 MS. McCLAIN: Off the top of my head. 11 On the contracting proposal where you have the -- I 12 am looking at it on my other screen, the monthly 13 service fee, just to clarify, the 38.16 that you are 14 proposing is by contractor, is that it? 15 MR. FREDRIKSEN: Per contractor, yes. 16 MS. McCLAIN: Per contractor, in the 17 positions that are named before. 18 MR. FREDRIKSEN: Yes. 19 MS. McCLAIN: And maybe this is just 20 something that we -- you haven't thought about, but 21 who is this paid to, you know, with the Union? 22 MR. FREDRIKSEN: The ILEU, our 23 operating account, like paid to the ILEU. 24 MS. McCLAIN: Okay. I just wanted to 25 understand. So direct payment to the ILEU, got it. Rita Gardner ~ Court Reporter ~ (908) 319-1195 14 1 MR. FREDRIKSEN: However -- well, I 2 mean it can be tendered the same way dues are 3 tendered, but if you don't want to do it that way -- 4 I mean, we can work on that. That is the least 5 important part of the proposal, let me say. 6 MS. McCLAIN: I was just trying to 7 understand what your thoughts were, if it was like a 8 direct payment to the treasurer or to the -- you 9 know, I am just trying to understand. 10 MR. RAGOMO: Excuse me, JeffeLee. Tom, 11 correct me if I am wrong, it is for any position 12 that is under the CBA that the Company would 13 contract out. 14 MR. FREDRIKSEN: You are wrong. That 15 is not what the proposal says. It is for Mechanics, 16 Materials and Services Coordinator, Maintenance and 17 Operations, Audio Visual, Graphics Design, Senior 18 Repro Tech, Repro Service Tech Assistant, Services 19 Trainee, Sr. Admin. Tech, and Tech Assistant. Any 20 contractors in those positions. 21 MR. RAGOMO: Okay. Thank you. 22 MS. McCLAIN: Moving down in the same 23 proposal for the -- the last paragraph, if the 24 contract is ratified by June 30, 2021, the Company 25 may continue any contracting of work and/or Rita Gardner ~ Court Reporter ~ (908) 319-1195 15 1 positions done prior to the date of this letter, and 2 the Company is not obligated during the term of the 3 side agreement to replace those contractors with 4 employees. Similar to what you and Steve were just 5 talk about, is that any contractor or the 6 contractors in the positions that we have listed 7 here? 8 MR. FREDRIKSEN: That language is taken 9 right from the company's proposal. It was copied 10 and pasted and we added the dates to it. So it is 11 not any different from what you wanted, right, 12 except it doesn't happen if you don't agree to it 13 before June 30. So, to answer your question. No, 14 it is not speaking about just those portions of the 15 bargaining unit. It is the language that was before 16 that originally, if you remember. 17 MS. McCLAIN: Yes. I was just trying 18 to get clarity. 19 MR. FREDRIKSEN: Right. 20 MS. McCLAIN: Okay. And on the Savings 21 Plan side agreement, I just wanted to make sure I 22 captured what was changed. 23 MR. FREDRIKSEN: It is highlighted. It 24 is a relatively minor change in text, but I think a 25 pretty significant change in the philosophy of the Rita Gardner ~ Court Reporter ~ (908) 319-1195 16 1 proposal, if that makes sense. 2 So, we want you to know that this is a 3 thing that exists -- this is a proposal for what is 4 happening now and it is not something that we are 5 going to use against you, the Company, in the 6 future. That is not the intention, so we added 7 language to reflect that. I think this was done 8 kind of in response to some of your concerns, and 9 this is -- we are going back now, the last time we 10 talked about it was about a month ago. But that was 11 the intent, to try to address some of the concerns 12 that you had raised at that time about -- you were 13 asking about whether it was subject to bargaining, 14 et cetera. 15 MS. McCLAIN: Okay, yeah, like how we 16 would address future new people, new employees. 17 MR. FREDRIKSEN: This would have 18 nothing to do with those people, and those people 19 would be totally not covered under this. 20 MS. McCLAIN: Okay. 21 MR. FREDRIKSEN: And we wouldn't use 22 this as any kind of thing against that. 23 MS. McCLAIN: Okay. I understand now. 24 Thank you for the clarity. 25 MS. McCLAIN: Let's see. I could Rita Gardner ~ Court Reporter ~ (908) 319-1195 17 1 caucus with the team. 2 MR. FREDRIKSEN: Sure. 3 MS. McCLAIN: And then we will get back 4 to you. 5 Wait, just a quick question. I was 6 just trying to see if I have any questions on wages. 7 I think I understand retroactivity to 2020, and then 8 the only change was around the wages and the out 9 years and the removal of the ratification bonus. 10 Got it. I think I understand that. 11 MS. McCLAIN: Okay. 12 MR. FREDRIKSEN: Okay. 13 MS. McCLAIN: Thank you. If we could 14 caucus. 15 (Remote negotiations recessed at 1:25 16 p.m. and resumed at 3:02 p.m.) 17 MS. McCLAIN: We have been working to 18 get you some answers to the info request, as well as 19 considering the proposal, looking over the proposal 20 and the savings plan side letter. I have some 21 responses for you on the info request. We will send 22 that over to you in an e-mail, you know, written 23 form after we discuss it right now. 24 So in looking at the information 25 request e-mail that you sent, Tom, today. I Rita Gardner ~ Court Reporter ~ (908) 319-1195 18 1 responded that we are still waiting for information 2 for number one, which is, what was the average use 3 of experience for all applicants to the Auto 4 Mechanic job families (Auto Mechanic, Senior Auto 5 Mechanic, Advanced Auto Mechanic), and that the 6 Company has reviewed in the last three years for the 7 Clinton site. Please provide the total average, as 8 well as the breakdown of experience for each 9 individual and for what position the Company 10 considered them. Note that this shouldn't include 11 not only applicants the Company has hired, but those 12 they have declined as well. 13 And we are waiting for information from 14 U.S. Recruiting, but did just want some 15 clarification, just so that we can make sure we have 16 the correct understanding. ExxonMobil, you know, 17 when we put out a requisition to hire, we get tons 18 of people applying. There are people who would not 19 even possibly qualify, like they have never worked 20 in this area before. So is it the Union's intention 21 that they receive information for those types of 22 folks as well? 23 You know, the Company does go through 24 and say, "Hey, these people are not appropriate 25 applicants. They don't have any background in this Rita Gardner ~ Court Reporter ~ (908) 319-1195 19 1 area at all. They are automatically excluded from 2 the pool." Is it your intention that you receive, 3 when you say "all applicants" it is folks like that 4 too or the ones who are relevant and, you know, 5 trust that the Company has done its due diligence 6 and eliminated people because they really aren't 7 even remotely qualified? 8 You know, we get people who just have 9 never worked in the area before but they want a 10 chance to -- 11 MR. FREDRIKSEN: Right, I think 12 relevancy is important. So the ones that are 13 relevant, I would say. 14 To help expand on the intent, last week 15 the Company said that -- or over the course of 16 bargaining, it may not have been just last week. 17 You have implied or you have said that you are sure 18 that you will have no trouble hiring at the years of 19 experience that you have put in your job 20 descriptions and that -- and then last time you said 21 that your intention was to mostly hire Advanced 22 Automotive Mechanics, similar to Research 23 Technicians. 24 I have a concern on the availability of 25 that many years of experience and whether that is Rita Gardner ~ Court Reporter ~ (908) 319-1195 20 1 actually going to be easy for the Company to do or 2 whether they are going to resort to hiring at the 3 lowest level down the line at some point. 4 So the intention is of the information 5 request is to understand that through the Company's 6 eyes. So the relevant -- I think relevant positions 7 would be fine. 8 MS. McCLAIN: Okay, thanks. And just 9 to clarify, our intention is to hire the right 10 candidate for the right job, you know, who we 11 interview and a whole host of things. Right. Who 12 is the right person. So we want the flexibility to 13 hire either at Auto Tech or Advanced Tech or Senior 14 Auto Tech, if at the time we are hiring that is the 15 position that we determine is needed and we find the 16 right candidates to fill the roles. And then we can 17 do that at any time. So I just wanted to clarify 18 that. 19 So thank you for that. As soon as we 20 get information from recruiting, we will provide 21 that. 22 Number two, I just needed a bit more 23 clarification. Okay. And forgive me if I am just 24 not getting it, but your question is: What would 25 happen if the Union and the Company mutually agree Rita Gardner ~ Court Reporter ~ (908) 319-1195 21 1 to not renew the contracting outside letter? And 2 for the purpose of clarity, do not consider 3 hypotheticals, successorship agreements in the side 4 letter. 5 Can you just help explain to me what 6 you mean because we couldn't agree on what you were 7 trying to get at? 8 MR. FREDRIKSEN: Yes, I can help. We 9 talked about this last week. I asked you the 10 question because your concern -- we were talking 11 about the language and what it says about permanent, 12 temporary, and what that means for the positions 13 moving forward. And you said that this was a 14 proposal to permanently contract out jobs, when that 15 is not what the proposal says. The proposal side 16 letter to contract out jobs during the term of the 17 side letter. 18 So if the Company were to not need the 19 side letter, this is a hypothetical and this is a 20 question to help understand what the side letter 21 really means in terms of those individuals. If the 22 Union and the Company mutually agreed not to renew 23 the side letter, what does the Company believe its 24 obligations under the law and under the contract to 25 be regarding side contracting? Like what do you Rita Gardner ~ Court Reporter ~ (908) 319-1195 22 1 think would happen to contractors that you said that 2 you want to have permanently contracted out, like 3 Mechanics? 4 MS. McCLAIN: Okay. 5 MR. FREDRIKSEN: Do you believe that 6 they would continue to be permanent contractors? 7 Yes or no? 8 MS. McCLAIN: Just so I understand. It 9 would be reverting back, just to use an example, to 10 this. Not only -- you can't even see it because it 11 is not showing up. The current Article XVIII. 12 MR. FREDRIKSEN: And you know, and 13 anything that exists to clarify the contract, like 14 arbitrations. 15 MS. McCLAIN: So that is the question. 16 Okay. I am clear now. Thank you. I don't have a 17 response to that. We will get back on that one. 18 Number 3. How many applicants has the 19 Company reviewed for the position of ET in the past 20 six months? How many positions is the Company 21 looking to fill in this role? 22 So there have been 14 applicants in the 23 last six months. Of those, only seven were 24 qualified. And, you know, we will bring 3 on-site 25 for interviews and we are looking to fill one Rita Gardner ~ Court Reporter ~ (908) 319-1195 23 1 position right now. 2 Is that correct, Yuk? Did I capture 3 that correctly? 4 MS. LOUIE: That is correct. 5 MS. McCLAIN: Okay. 6 MR. FREDRIKSEN: Thank you. 7 MS. McCLAIN: And Number 4. Who is the 8 chief boiler operator in the boiler room? 9 Right now it is Michael O'Rourke. We 10 understand that Mr. O'Rourke intends to retire in 11 the coming month or so. My understanding is that 12 upon, Mr. O'Rourke's retirement, Mr. Rodney Colon is 13 the lead candidate to be the chief, based on his 14 qualifications. 15 MR. FREDRIKSEN: Okay. 16 MS. McCLAIN: Okay. So those are the 17 responses that we have for you right now. 18 Getting back to the proposals, just 19 looking at my notes here. If we can go back to the 20 Union's proposal that they did today, that you gave 21 today, we have a couple more questions. I want to 22 make sure that we continue to -- you guys asked, it 23 has been unclear as to why we made some changes. 24 And we have talked about the Company looking to 25 really adjust to the business environment and to Rita Gardner ~ Court Reporter ~ (908) 319-1195 24 1 industry and making sure that we maintain the right 2 to decide where and how work gets done. And, you 3 know as a company, where is it appropriate for work 4 to be done, either at the Clinton site or off-site 5 is one of the major changes that the Company had 6 proposed to C2. And I know that the Union, you 7 know, you have struck that out, and I just wanted to 8 get clarity on what it is that the Union thinks is 9 the Company's right to make the decisions as to 10 where work can get done on-site or off-site. 11 MR. FREDRIKSEN: We represent the 12 people that work at the Clinton site. That is what 13 we represent. The Company has, as far as I know, 14 always had some work being done off-site, or for a 15 very long time because some of those specialties 16 don't exist on-site, or you need specialized certain 17 things, certain tests that we don't have the 18 equipment for. 19 But the idea that the Company can just, 20 with equipment on-site and with employees who can do 21 the work, just decide to let those employees go and 22 have the equipment sit unused and send their labor 23 off-site is insane, and it is not something that the 24 Union is going to entertain. Whether that is the 25 Company's intent or not, you haven't been able to Rita Gardner ~ Court Reporter ~ (908) 319-1195 25 1 provide -- if the answers to our questions about 2 that -- about that language as concerned us greatly. 3 So you know, as it is, you believe that you have the 4 right to send work off-site that you can't have done 5 on-site. You always had that right you said, and we 6 never took exception to that, to my knowledge. 7 But it is different when you are 8 talking about laying people off than just sending 9 the work off-site. That flies in the face of, you 10 know, what I think is going to help the Company 11 succeed. Like, you know, Steve talked about it 12 quite a lot, but the people who work on-site here 13 have stake in this work and you know, sending it 14 off-site would be a big mistake. Letting those 15 people go would provide -- would do a lot of harm to 16 the Company in the long run. That is our belief. 17 MS. McCLAIN: Just so I am 18 understanding, the Union's position is, you know, 19 with this -- with this proposal, right, the 20 Company's rights are restricted to only utilizing 21 equipment and resources at the Clinton site and not 22 able to make decisions about, you know, where it is 23 best for the Company to have work be done. I just 24 want to be clear about what you guys are asking and 25 I am hearing that from you. I just want to -- Rita Gardner ~ Court Reporter ~ (908) 319-1195 26 1 MR. FREDRIKSEN: No, it doesn't 2 restrict anything from what has already been 3 practiced for the past -- the lifetime of this site 4 existing. When you wanted to stop doing graphics 5 design work on-site, you sold the equipment. You 6 had those people -- you moved them around so that 7 they could keep their jobs, and that was fine. We 8 agreed with that. We talked about that quite a lot. 9 But, you know, this is -- what you have 10 said to me hasn't helped the Union feel any better 11 about the proposal. I don't see any benefit -- I 12 don't see anything that leads me to believe it is 13 anything other than nefarious in the language that 14 you have proposed and the answers that you have 15 given us. 16 MS. McCLAIN: Nefarious in what way? 17 MR. FREDRIKSEN: You said that you 18 could fire people and send their work off-site. 19 That is nefarious. That is not going to happen. 20 MS. McCLAIN: I don't -- okay. I think 21 that -- I just want to make sure that we are clear. 22 We never said that we would underhandedly just look 23 to fire people, you know, willy-nilly. That is not 24 what we said. What we said was, we need to look at 25 the business, determine if work needed to be done at Rita Gardner ~ Court Reporter ~ (908) 319-1195 27 1 the Clinton site, off-site. And if -- just like we 2 have been talking about, right, if we make a 3 decision to move work off-site, we would still want 4 to follow the guidelines that you are talking about. 5 However, the question that you had 6 asked was could this -- with this language, could 7 you automatically fire anyone. And right now we 8 have the ability, with the contract, right, to 9 terminate people and to, you know, make a decision 10 to not do work at the site, to do it elsewhere. And 11 like we said, we talked about the other positions, 12 we have done that before. This is solidifying those 13 rights, is really what it is. 14 So I take exception that it is 15 nefarious in our intent because we would still give 16 the Union notice and opportunity to bargain, you 17 know, the effects, just like we have in every other 18 situation that we have brought to the Union's 19 attention when the Company has made a decision. So 20 I understand, you know, what you are saying. 21 MR. FREDRIKSEN: I don't think you do, 22 JeffeLee. No offense. But I don't think you really 23 do understand what I am saying. 24 What I am saying is, you declared 25 impasse on October 1, the first time the Company Rita Gardner ~ Court Reporter ~ (908) 319-1195 28 1 ever did. You have had this contracting out 2 proposal implemented and you have been able to do it 3 in certain regards, such as you have responded that 4 you are not going to hire a position to replace Bob 5 Gillespie. You have implemented it. You are 6 operating under that umbrella. 7 You said nothing has happened since 8 then that made you think you needed this language. 9 You said that you thought you always had the right 10 to do it. But when I asked you questions about it, 11 you said that this would give you the right to fire 12 people and send their work off-site. There is just 13 no way. There is just no way that that is going to 14 happen, JeffeLee. It is insane. Like the only 15 justification you have given to this point, it is 16 like you are punishing us for not having agreed to 17 your contract so far. 18 MS. McCLAIN: And that is definitely 19 not the case. We are not try to punish anyone. 20 MR. FREDRIKSEN: You just make it worse 21 every time it comes back to us, and so I don't 22 understand why you need the language if you thought 23 you already had the right and nothing has happened. 24 MS. McCLAIN: -- what we said in the 25 past and -- Rita Gardner ~ Court Reporter ~ (908) 319-1195 29 1 MR. FREDRIKSEN: So why we just put the 2 entire CBA into this side letter, just to make sure 3 that it is clear. Like, it is crazy, because you 4 have always told me -- not you maybe -- but the 5 Company has always told us that you can't plan for 6 every hypothetical scenario, and yet here you are 7 saying, well, we need to plan for hypothetical 8 scenarios by putting in language to protect our 9 right to execute those scenarios. It is just -- it 10 is hypocrisy. 11 MS. McCLAIN: It is not a hypothetical 12 scenario when it is something that we have already 13 done and we have had the flexibility to do and we 14 have, like you said, negotiated on it. We brought 15 it to you, provided notice, opportunity to bargain 16 on situations. And you know, we are consistent in 17 that we want the language to reflect what we have 18 done. We have always been consistent with that. 19 MR. FREDRIKSEN: It has no place in a 20 proposal on how the work is being done on-site. The 21 proposal is about employees and contractors at the 22 Clinton site. That is what the proposal to the 23 contract is about, it just has no place here. It 24 has not place here. 25 MS. McCLAIN: It does because you are Rita Gardner ~ Court Reporter ~ (908) 319-1195 30 1 saying that we don't have the right to determine 2 when work can and can't be done, and so we do need 3 to make sure that it reflects this language and 4 reflects what the Company can or can't do with -- 5 MR. FREDRIKSEN: Exactly. So you are 6 saying, because I am telling you, that we don't 7 believe you have the right to fire people and send 8 their work off-site. You are telling me that 9 because I told you that, now you need the language. 10 That is circular reasoning. You never explained why 11 you proposed it. You never gave your reason. 12 MS. McCLAIN: It is not circular 13 reasoning because you have maintained all along that 14 this is something that the Union, you know -- that 15 we want to come to an agreement on here with this 16 language. 17 MR. FERRO: I think, JeffeLee, you said 18 the language you are proposing is what has already 19 been done on the Clinton site, and I think Tom is 20 making the point that what you are proposing, the 21 hypothetical, hasn't been done. Can you give an 22 example is speak to Tom's point of when you have 23 left equipment on-site and had the right to fire 24 people? Because I think if that is what has been 25 done and that is what the language allows and it is Rita Gardner ~ Court Reporter ~ (908) 319-1195 31 1 what has been done, can you just give us an example 2 of that because I don't think that has been done, 3 but maybe I am wrong. 4 MS. McCLAIN: I can't point to a 5 specific instance of equipment that might remain 6 on-site, but, you know I was mainly thinking of 7 graphics design that we were talking about just now. 8 MR. FREDRIKSEN: You didn't fire those 9 people. Those people weren't fired. 10 MS. McCLAIN: But it is the scenario of 11 moving work off-site. Right? 12 MR. FREDRIKSEN: If you had a proposal 13 that said you wouldn't use this to fire anybody or 14 lay anybody off, but you are not making that 15 proposal, JeffeLee. This is your proposal. 16 MS. McCLAIN: What the proposal is, is 17 that we need the flexibility to determine what we 18 are going to do. The Company, you know, if we can 19 keep folks in roles, move contractors out, do all of 20 that, we would want to have to do that, but we also 21 want to make a determination as to whether or not, 22 let's say we are getting out of a type of equipment 23 or test that we have the ability to do that. 24 MR. FREDRIKSEN: If you are getting out 25 of -- we can't force you to be in the business of Rita Gardner ~ Court Reporter ~ (908) 319-1195 32 1 anything that you are not in the business of. We 2 can't force you to do work that you are not doing. 3 That is not what I ever said. I never said that. I 4 never said that. If you want to get out of the 5 business of running certain tests, that is your 6 right to do that, but this is a totally different 7 thing, JeffeLee. This is exactly what Tom Ferro 8 said. 9 I am very interested, I think you can 10 take that back and look into that for us and that 11 would help us. If you ever fired any employees, had 12 the capability to do work on-site and retained that 13 capability but just had the working done on-site, 14 have you ever done that? 15 MS. McCLAIN: Just so I understand, it 16 is what my example of work that we are no longer 17 involved in, it is moved off-site, but equipment 18 would be on-site, is that it? 19 MR. FREDRIKSEN: Yes. You have all the 20 capability to do it. You have the personnel 21 available to do it, and you just fire them and then 22 send the work off-site, yes. 23 MS. McCLAIN: So, I think -- what I am 24 struggling with is that, you know, the Company 25 rarely wants to just fire people that we have Rita Gardner ~ Court Reporter ~ (908) 319-1195 33 1 invested in and trained significantly. So I can be 2 pretty certain that we haven't done that, right. 3 MR. FREDRIKSEN: Then why do you need 4 the right to do it. 5 MS. McCLAIN: However, if -- since we 6 are proposing -- since we made this proposal. Since 7 we are proposing that is the side letter and the 8 contract that governs, then the language helps 9 articulate what we can and cannot do and, you know, 10 would reflect that. 11 MR. FREDRIKSEN: I am telling you that 12 language is not going to work. I suggest that you 13 take another crack at it. 14 MS. McCLAIN: Again, I hear what you 15 guys are saying, but this is a very important point 16 for the Company to have addressed and, you know, to 17 talk through, you know, just like the other aspects 18 of contracting out. I do have a couple other 19 questions. 20 MR. FREDRIKSEN: Before you get to the 21 other questions, I will say it is your proposal. We 22 don't have to write the proposal for you. You have 23 the opportunity -- 24 MR. FERRO: I would do what Tom 25 suggested, which is take another crack. Because if Rita Gardner ~ Court Reporter ~ (908) 319-1195 34 1 it is really important, then it is good to get the 2 language right. 3 MR. RAGOMO: That and also if it is 4 maybe that important to the Company and we are 5 having such a struggle in understanding it, then the 6 mediator might be able to come in and help both 7 sides to understand where our positions are on it. 8 I look at it as, you basically can just contract out 9 everything is what you are trying to do and what you 10 want to do. 11 MS. McCLAIN: All right. So thank you. 12 We hear you, and that is what we wanted to get 13 clarity on, your views on this. So we do have a 14 couple other, just basic questions, we think. On 15 the positions that not listed here, I know last time 16 we talked about it and you guys had to caucus and 17 today we talked about it with, you know, the 18 position that are listed here. 19 MR. FREDRIKSEN: I will fix it. Don't 20 say anything else. I will fix it. I will rewrite 21 the proposal. I will fix it. 22 MS. McCLAIN: Okay. But my question 23 was, you know, there are other positions not -- you 24 are going to fix it, but our question was just -- 25 MR. FREDRIKSEN: Yeah, the other Rita Gardner ~ Court Reporter ~ (908) 319-1195 35 1 positions are not included in the service fee 2 language. I will fix it. I will make it clear. 3 MS. McCLAIN: Okay. Next question. 4 With the service fee, is it correct that the Union 5 is proposing that the Company make a direct payment 6 to the Union in exchange for the Union agreeing to 7 contracting those positions? I just want to be 8 clear. 9 MR. FREDRIKSEN: I don't think so. 10 MS. McCLAIN: Okay. 11 So then what is the purpose of the 12 payment? 13 MS. McCLAIN: The purpose of the 14 payment -- the purpose of the payment is the 15 Company's intention with contracting is not to erode 16 the bargaining unit, right? You have said that 17 before. Is that still true? 18 MS. McCLAIN: Right. Of course. 19 MR. FREDRIKSEN: The other part of that 20 is, if we can't collect dues from employees that 21 doing the work on-site, then it is eroding the 22 bargaining unit in a way and it is financially 23 impacting the Union. You acknowledge that, you 24 understand that it. I know you guys know that. 25 MS. McCLAIN: I understand that. I am Rita Gardner ~ Court Reporter ~ (908) 319-1195 36 1 simply trying to understand, you know, based on my 2 limited knowledge, how this service payment, monthly 3 service fee in order to -- I hear you address the 4 Union's financial impact of contracting out sits 5 under, you know, existing labor law because, you 6 know, there are laws that dictate that companies 7 can't, you know, pay unions in order to do stuff. 8 So I am struggling to kind of find in my way of -- 9 through that. 10 If you can take a look at that, because 11 my understanding is, you know, the dues that we pay 12 on behalf of the employees because the employee has 13 elected to representation, and so it is not that the 14 Company is paying dues, it is that the employee is 15 paying dues and we are simply providing a mechanism 16 to do so. 17 In this, there is no person that has 18 agreed to pay the Union the dues and so it is the 19 Company paying the Union this particular service fee 20 in exchange, not for representation, but for some 21 sort of -- like you said, to support the Union or 22 reflect, you know, that you have some sort of 23 negative financial impact, and then we pay you to 24 make up for that, and I am not 100 percent sure that 25 we are allowed to do that. Rita Gardner ~ Court Reporter ~ (908) 319-1195 37 1 So you might want to just check on that 2 and I will check on that. I am just trying to gain 3 clarity in that respect. 4 MR. FREDRIKSEN: Okay. Thank you. 5 MS. McCLAIN: The other questions that 6 I have were -- bear with me. We have been giving 7 this some thought. The Union has added the language 8 that says, "nothing in the side letter shall be 9 construed to exempt the Company from or override in 10 any way any applicable labor laws or regulations." 11 I am just trying to understand why you think that is 12 necessary. 13 MR. FREDRIKSEN: Well, I was just a 14 little concerned by something you had said last time 15 about how being too broad. I just want to make it 16 clear for anybody reading the proposal that this 17 proposal doesn't override the Company's obligation 18 under the law. And, you know, I don't see any 19 reason why you wouldn't agree to that, unless you 20 were trying to use the proposal to override your 21 obligations under the law. 22 MS. McCLAIN: Well, the way that I see 23 things is, you know, again, my limited, but, you 24 know, based on my past experience, there is no 25 agreement that the Company or the Union can enter Rita Gardner ~ Court Reporter ~ (908) 319-1195 38 1 into that would violate the law. 2 MR. FREDRIKSEN: Correct. 3 MS. McCLAIN: So there is nothing that 4 we could say or do or sign-off on, you know, that 5 would violate the law. 6 MR. FREDRIKSEN: That is correct, but 7 other than violating, there are also obligations 8 that have riders such as -- just like the healthcare 9 act that came out for New Jersey that was if you 10 bargain with this collectively, this can apply or it 11 may apply. You know, there are riders under certain 12 laws that are not, if you didn't follow them they 13 wouldn't be violations. But if they were an 14 obligation that is somehow evaded by this proposal, 15 you know, we are not interested in that. 16 Was that confusing? Did I say that all 17 crazy? 18 MS. McCLAIN: A little bit, and I am 19 trying to understand how this -- like what -- like 20 how this would apply because it is -- I understand 21 what you were saying about PPTO or something like 22 that, right, that is the main example that you just 23 referenced. 24 MR. FREDRIKSEN: Right. I am not an 25 attorney, so I don't have an intimate knowledge of Rita Gardner ~ Court Reporter ~ (908) 319-1195 39 1 every law. 2 MS. McCLAIN: I don't either and I am 3 not and I can't -- it was confusing to me, since I 4 know, you know, there is just absolutely nothing 5 that we could agree to that the Company would 6 violate the law. So it didn't make a whole lot of 7 sense to me, you know, of why this would be 8 necessary since, you know, we agree. 9 MR. FREDRIKSEN: Well, if we are both 10 not in the business of posing unnecessary statements 11 that you think are already obligations or rights, 12 then I think we can probably change this proposal 13 dramatically. But you said you want to have things 14 in there that you think you already have the right 15 to do or the obligation to do, but you just want to 16 put it in there for clarity, so we are doing the 17 same thing. 18 MS. McCLAIN: Okay. 19 And then the next one is on the 20 language around the last paragraph. So you proposed 21 the language that read based on language that the 22 Company had in the first paragraph about replacing 23 contractors with employees. And so it reads: "If 24 the contract is ratified by June 30, 2021, the 25 Company will continue any contracting of work and/or Rita Gardner ~ Court Reporter ~ (908) 319-1195 40 1 positions done prior to the date of this letter, and 2 the Company is not obligated, during the term of the 3 side letter, to replace those contractors with 4 employees. If the contract is not ratified by the 5 30th, this paragraph shall be removed from the 6 agreement." 7 And I just wanted to understand where 8 you are coming from with this because the language, 9 as you said, C2, the Company implemented C2 with the 10 language about replacing contractors, you know, back 11 in October of 2020 and -- 12 MR. FREDRIKSEN: Which we don't 13 recognize as a legal action taken by the Company. 14 MS. McCLAIN: And that would remain in 15 effect -- I understand that, but we do, and it will 16 remain in effect until we negotiate something else. 17 So I am trying to understand from the Company's 18 perspective, with that in mine, what is the deadline 19 intended to inform us, what are we to read into 20 this? What are we to get out of this proposal? 21 MR. FREDRIKSEN: There is nothing to 22 read into it. 23 MS. McCLAIN: Okay. 24 MR. FREDRIKSEN: You don't have to be 25 so suspicious of everything. This is very simple Rita Gardner ~ Court Reporter ~ (908) 319-1195 41 1 and straightforward. If you just agree -- if we 2 reach an agreement before June 30, it is exactly the 3 same as what you were trying to do with the 4 ratification bonus. It is a distasteful sentence 5 for the Union and we didn't like it and we told you 6 that many times. However, much like paying the 7 Union $512,000, it is something that we would be 8 willing to offer to you if you, you know, consider 9 reaching a deal with us faster, sooner. Right? 10 MS. McCLAIN: Okay. 11 MR. FREDRIKSEN: It is not a trick. It 12 is not a trap. 13 MS. McCLAIN: I didn't mean that it was 14 a trick or a trap. I was simply trying to 15 understand. 16 MR. FREDRIKSEN: And to answer your 17 question about your implementation, you implemented 18 the language illegally, but if you had this in the 19 contract, then you would be doing it legally. So I 20 think it is probably a pretty good incentive to 21 accept it. 22 MS. McCLAIN: I think I have captured 23 all of -- looking at the notes that I have. 24 Team, anything else on C2? 25 MS. LOUIE: Nope. Nothing. Rita Gardner ~ Court Reporter ~ (908) 319-1195 42 1 MR. BRYANT: Nothing. 2 MS. McCLAIN: I think we have been 3 talking through -- I appreciate, again, the clarity 4 you have provided on a few of these points. So if 5 it is okay, I would like to move on -- 6 MR. FREDRIKSEN: Yes, it is okay. 7 MS. McCLAIN: -- to the Savings Plan. 8 MR. FREDRIKSEN: I will send you an 9 updated proposal right after we finish with language 10 that clarifies any obligations regarding service 11 fees, and thank you for bringing up concerns over 12 the legality of the proposal. We will consult with 13 counsel on that. 14 MS. McCLAIN: So if I flip to the 15 Savings Plan Match. 16 MR. FREDRIKSEN: Yes. 17 MS. McCLAIN: I appreciate that you 18 guys were listening and adjusting the proposal site 19 like you have to reflect what we had talked about 20 with regard to impact to future employees or a right 21 to bargain with regard to future employees. I just 22 want to understand, again, that the crux -- 23 (Discussion off the record.) 24 MS. McCLAIN: I was asking, you know, 25 it is still correct that the Union is proposing that Rita Gardner ~ Court Reporter ~ (908) 319-1195 43 1 the Company create a group of grandfathered 2 employees. 3 MR. FREDRIKSEN: Yes. 4 MS. McCLAIN: And if the Match is ever 5 reinstated and for their time with the Company as 6 represented members, that match cannot be changed 7 for that population. I want to just brass tax, that 8 is what you are asking? 9 MR. FREDRIKSEN: That is correct. 10 MS. McCLAIN: Okay. I understand. For 11 the wages on the Union's proposal -- I don't have 12 any other questions on the Savings Plan Match. I 13 just wanted to be sure. 14 MR. FREDRIKSEN: Okay. 15 MS. McCLAIN: Again, we have the 16 ratification bonus on the table until June. 17 MR. FREDRIKSEN: You can take it off 18 the table now and use it to pay for our wage 19 increase. 20 MS. McCLAIN: However, the 7.54 percent 21 and the wages and the one percent retroactivity and 22 the 7.54 percent, you know, what is the -- what was 23 the rationale for the 7.54 again? 24 MR. FREDRIKSEN: If you recall, our 25 wage proposal has changed a couple of times. Rita Gardner ~ Court Reporter ~ (908) 319-1195 44 1 Originally 3.54 percent was in the first year. That 2 number was -- forgive me if we get the numbers wrong 3 here. We took the average -- the starting pay for 4 Research Technician and found the difference between 5 the Towers Willis and Watson T3 pay -- or T2 pay, 6 which was the Company saying T2 was Research 7 Technician, but even if it was Research Technician, 8 our pay was too low. So that is how we got the 3.54 9 percent. We moved. Then we said we had 3.54 10 percent, 2.5, 3 percent, 3 percent. Those were 11 numbers that we had. 12 You know, Tom Ferro did some analysis a 13 long time ago when we -- which we presented to you 14 talking about cost of living increases, inflation 15 rate, and the rate of pay for, I think it was 16 Chemist that we got from BLS.gov, and we picked 17 Chemist because that was the job classification that 18 you guys used in your first wage analysis courtesy 19 of -- what was his name -- who was the chair two 20 times ago who was the head of the NJRSC? 21 MS. McCLAIN: Dan. 22 MR. FREDRIKSEN: Dan O'Rourke. He 23 presented data about Chemists comparing our Research 24 Technician job to that. So we picked Chemist on 25 BLS.gov, found their rate of pay. Tom Ferro Rita Gardner ~ Court Reporter ~ (908) 319-1195 45 1 presented this data, and if you want us to go 2 through some of that again, we can, but it is all in 3 the transcripts, JeffeLee. 4 MS. McCLAIN: Okay. 5 MR. FREDRIKSEN: We did it all once 6 before. 7 To answer your question, that was in 8 broad strokes how we got that number. And in our 9 last changes, we moved the wages to the last year 10 because the Company was saying it needed immediate 11 cost savings. 12 MS. McCLAIN: Okay. 13 MR. FREDRIKSEN: Does that explain 14 everything? 15 MS. McCLAIN: It provides the rationale 16 that I asked for, I think. 17 MS. McCLAIN: Any other questions from 18 the team? 19 MS. LOUIE: You mentioned about the 20 cost of living, so are you planning to look at the 21 number again reflective of the current inflation 22 rates and stuff like that? 23 MR. FREDRIKSEN: Do you want us to? Is 24 that what you are saying? If you want us to make 25 another wage proposal with our wage justification so Rita Gardner ~ Court Reporter ~ (908) 319-1195 46 1 that you guys can just say no, I guess we can go 2 through that fruitless exercise. 3 MR. RAGOMO: Fruitless is right. 4 MS. McCLAIN: I don't think it is 5 necessary. We are simply asking for clarity. 6 MR. FREDRIKSEN: It is a good question. 7 I am sorry if that was rude. I just -- we did go 8 through that work and we spent a lot of time and a 9 lot of hours on that stuff back in 2018. 10 MS. McCLAIN: Okay. All right. Just 11 so I -- I need to digest a couple more things. I 12 appreciate the clarity, you answering the questions 13 for me. If you could check on the service fee just 14 to take a look at that for me. And I know we have 15 more information requests due to you. We will get 16 that to you as soon as we can, when we get that from 17 U.S. Recruiting. 18 I don't have any other questions right 19 now. That is the one outstanding issue I would like 20 to know before I give a response. 21 MR. FREDRIKSEN: Okay. 22 MS. McCLAIN: Okay. I know that we 23 have time next week. 24 MR. FREDRIKSEN: Tuesday, right? 25 MS. McCLAIN: Yes. Rita Gardner ~ Court Reporter ~ (908) 319-1195 47 1 MR. RAGOMO: What is the start time on 2 that, if you have it readily available? 3 MR. BRYANT: Yeah, it will be at 12:00. 4 MR. RAGOMO: Thank you. I appreciate 5 that. 6 MS. LOUIE: Josh, I think we do have a 7 back end though. 8 MR. BRYANT: I meant on the front side. 9 MR. RAGOMO: May I ask a blunt 10 question, is this important to the Company to try 11 and come to a resolution on this contract, because 12 it sure does not seem that way, just because the 13 mere fact of you don't provide the time that you 14 should, that you should dedicate -- you are 15 obligated to give us the time and yet you fill 16 things around when you know you have bargaining 17 session. How and why? 18 MS. McCLAIN: Steve, I recognize that 19 you are frustrated by this. 20 MR. RAGOMO: You think. 21 MS. McCLAIN: I must say that of course 22 this is serious for us. I hope that you see it is 23 serious for making time to meet with the Union. We 24 provided dates and we will provide you additional 25 dates of when we can but, you know, this is Rita Gardner ~ Court Reporter ~ (908) 319-1195 48 1 important to us and we will continue to meet with 2 the Union. There are other obligations that are 3 equally pressing. And you know, I appreciate you 4 guys meeting with us when available and being 5 flexible. We will continue to do the same. 6 MR. RAGOMO: Okay. But I guess it is a 7 lack of respect kind of thing, is the way I feel it, 8 as taking something like that in terms of we are 9 dealing with the livelihoods of all the members. 10 And for example, I understand you might have other 11 obligations and things do come up, I do recognize 12 that. But it seems as though you knew the 25th, you 13 had it scheduled, but yet you now schedule something 14 on the back end of what is supposed to be a 15 bargaining session. So that to me just shows -- 16 MS. McCLAIN: Nothing is scheduled to 17 cut the -- we were scheduled to go from 12:00 to 18 3:00, right? 19 MR. RAGOMO: Okay. So what you are 20 saying is -- 21 MS. McCLAIN: We were scheduled to go 22 12:00 to 3:00. We are now proposing. We need more 23 time. So are proposing that we start earlier that 24 day, that we give more time. You know, since 25 something has appeared, I can tell you that there Rita Gardner ~ Court Reporter ~ (908) 319-1195 49 1 was a meeting yesterday that had to be continued 2 immediately and they scheduled it for after 3 bargaining. I don't think that that is 4 unreasonable. Where now we are offering the Union 5 if we could meet earlier to give more time. In the 6 event, just knowing that the meeting might go over a 7 little bit. So is that acceptable if we start 8 earlier? 9 MR. RAGOMO: I am never going to 10 decline you the opportunity to bargain or go longer. 11 I would never do that. I want to bargain. I want 12 to sit down at the table and have the conversation. 13 I would prefer that we potentially consider a 14 mediator, which the Company is still resistant to, 15 but declining time, never. I think, Tom, you can 16 back me up on that, we are always going to be 17 looking for time. 18 MR. FREDRIKSEN: Yes, we will always 19 make ourselves available when the Company wants to 20 get this contract done. 21 MR. RAGOMO: I am sorry, JeffeLee, but 22 yes, it comes off as frustration on my end because 23 it feels as though the lack of respect to the Union 24 and the bargaining unit as a whole, and so that is 25 where that frustration is coming from. Rita Gardner ~ Court Reporter ~ (908) 319-1195 50 1 MS. McCLAIN: And it is not intended to 2 be a lack of respect at all. So, again, we can meet 3 earlier on the 25th. 4 I don't know, Rita, if you are 5 available earlier. 6 MR. FREDRIKSEN: I think Rita is not 7 available for that entire week. I think I sent that 8 to Josh in the original. 9 MS. McCLAIN: Oh, that is right. It 10 slipped my mind. I apologize for that. 11 We can continue without Rita, of 12 course, as we have in the past. So Josh will send 13 out the invitation. We can start at 10:00. If that 14 is okay with the Union? 15 MR. FREDRIKSEN: I think it works. It 16 works for me. Does it work for you, Steve? 17 MR. RAGOMO: Yes, sir, it does. 18 MS. McCLAIN: Okay. Again, I 19 appreciate the flexibility and your understanding. 20 I understand the frustration, but I would ask that 21 you continue to recognize that it is in no way, 22 shape or form a signal of disrespect. I have great 23 respect for our employees and for you as a team in 24 working together to try to come to a resolution 25 here. Rita Gardner ~ Court Reporter ~ (908) 319-1195 51 1 With that, Josh, I think you were going 2 to send over some other dates to continue the 3 conversation. So I know we have the 25th. Is that 4 the last one we have? 5 MR. BRYANT: That is the last one that 6 we agreed to. I will send the other list of dates. 7 MR. FREDRIKSEN: Very good. Thank you. 8 MS. McCLAIN: Thank you for your time 9 and the proposal. We will get back to you on the 10 info requests. And, Tom, if you find out 11 information, just give me a call. 12 MR. FREDRIKSEN: I will let you know 13 right away. 14 MS. McCLAIN: Okay. All right. 15 (Remote negotiations adjourned at 3:57 16 p.m.) 17 18 19 20 21 22 23 24 25 Rita Gardner ~ Court Reporter ~ (908) 319-1195 52 1 2 CERTIFICATE 3 4 I, RITA GARDNER, Notary Public of the 5 State of New Jersey and a Certified Court Reporter, 6 do hereby certify that the foregoing is a true and 7 accurate transcript of the remote testimony as taken 8 stenographically by and before me at the time and on 9 the date hereinbefore set forth. 10 I DO FURTHER CERTIFY that I am neither a 11 relative nor employee nor attorney nor counsel of any 12 of the parties to this action, and that I am neither 13 a relative or employee of such attorney or counsel, 14 and that I am not financially interested in the 15 action. 16 17 18 Notary Public of the State of New Jersey 19 20 Dated: May 24, 2021 21 22 23 24 25 Rita Gardner ~ Court Reporter ~ (908) 319-1195 $ $2,500 [1] - 12:25 $2500 [1] - 12:22 $512,000 [1] - 41:7 $517,000 [1] - 11:19 1 1 [4] - 7:24, 11:9, 11:10, 27:25 1.5 [1] - 11:10 100 [1] - 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21:3 I idea [2] - 9:11, 24:19 ILEU [8] - 1:2, 8:5, 8:6, 8:13, 9:18, 13:22, 13:23, 13:25 illegally [1] - 41:18 immediate [2] - 11:17, 45:10 immediately [2] - 9:24, 49:2 impact [3] - 36:4, 36:23, 42:20 impacting [1] - 35:23 impasse [1] - 27:25 implementation [1] - 41:17 implemented [5] - 7:23, 28:2, 28:5, 40:9, 41:17 implied [2] - 10:19, 19:17 important [7] - 14:5, 19:12, 33:15, 34:1, 34:4, 47:10, 48:1 incentive [1] - 41:20 include [1] - 18:10 included [2] - 8:25, 35:1 including [1] - 12:5 increase [1] - 43:19 increases [2] - 10:10, 44:14 INDEPENDENT [1] - 1:13 independent [1] - 5:19 individual [1] - 18:9 individuals [2] - 10:12, 21:21 industry [3] - 8:14, 8:15, 24:1 inflation [2] - 44:14, 45:21 info [3] - 17:18, 17:21, 51:10 inform [1] - 40:19 information [11] - 2:12, 2:20, 5:13, 17:24, 18:1, 18:13, 18:21, 20:4, 20:20, 46:15, 51:11 initial [1] - 7:2 insane [2] - 24:23, 28:14 instance [1] - 31:5 instead [1] - 7:10 intended [2] - 40:19, 50:1 intends [2] - 5:14, 23:10 intent [5] - 10:21, 16:11, 19:14, 24:25, 27:15 intention [7] - 16:6, 18:20, 19:2, 19:21, 20:4, 20:9, 35:15 interested [8] - 3:20, 6:6, 11:17, 11:22, 12:11, 32:9, 38:15, 52:14 interview [1] - 20:11 interviews [1] - 22:25 intimate [1] - 38:25 invested [1] - 33:1 invitation [1] - 50:13 involved [1] - 32:17 involving [2] - 8:5, 8:7 issue [2] - 12:22, 46:19 items [1] - 9:7 J JeffeLee [8] - 14:10, 27:22, 28:14, 30:17, 31:15, 32:7, 45:3, 49:21 JEFFELEE [1] - 1:11 Jersey [3] - 38:9, 52:5, 52:18 job [8] - 6:11, 6:16, 6:17, 18:4, 19:19, 20:10, 44:17, 44:24 jobs [3] - 21:14, 21:16, 26:7 josh [1] - 47:6 JOSH [1] - 1:12 Josh [3] - 50:8, 50:12, 51:1 June [7] - 11:9, 12:7, 14:24, 15:13, 39:24, 41:2, 43:16 justification [3] - 7:20, 28:15, 45:25 justify [1] - 5:14 K keep [2] - 26:7, 31:19 kept [1] - 8:13 kind [4] - 16:8, 16:22, 36:8, 48:7 knowing [1] - 49:6 knowledge [3] - 25:6, 36:2, 38:25 known [1] - 9:19 L LABOR [1] - 1:12 labor [4] - 8:10, 24:22, 36:5, 37:10 LABORATORY [1] - 1:13 lack [3] - 48:7, 49:23, 50:2 language [40] - 5:23, 6:7, 6:24, 7:10, 7:18, 7:21, 8:2, 8:13, 8:22, 9:1, 9:9, 11:14, 15:8, 15:15, 16:7, 21:11, 25:2, 26:13, 27:6, 28:8, 28:22, 29:8, 29:17, 30:3, 30:9, 30:16, 30:18, 30:25, 33:8, 33:12, 34:2, 35:2, 37:7, 39:20, 39:21, 40:8, 40:10, 41:18, 42:9 last [18] - 6:5, 7:5, 8:11, 14:23, 16:9, 18:6, 19:14, 19:16, 19:20, 21:9, 22:23, 34:15, 37:14, 39:20, 45:9, 51:4, 51:5 late [3] - 2:13, 2:24, 11:16 law [9] - 8:21, 21:24, 36:5, 37:18, 37:21, 38:1, 38:5, 39:1, 39:6 laws [4] - 8:10, 36:6, 37:10, 38:12 lay [1] - 31:14 laying [1] - 25:8 lead [1] - 23:13 leads [1] - 26:12 least [2] - 11:1, 14:4 LEBRON [1] - 1:16 left [1] - 30:23 legal [1] - 40:13 legality [1] - 42:12 legally [1] - 41:19 length [1] - 6:15 letter [15] - 8:8, 15:1, 17:20, 21:1, 21:4, 21:16, 21:17, 21:19, 21:20, 21:23, 29:2, 33:7, 37:8, 40:1, 40:3 letting [1] - 25:14 level [1] - 20:3 levels [1] - 5:15 liability [1] - 10:24 lifetime [1] - 26:3 lifted [1] - 9:23 limit [1] - 5:20 limited [3] - 8:4, 36:2, 37:23 line [1] - 20:3 list [1] - 51:6 listed [4] - 6:17, 15:6, 34:15, 34:18 listening [1] - 42:18 livelihoods [1] - 48:9 living [2] - 44:14, 45:20 look [7] - 26:22, 26:24, 32:10, 34:8, 36:10, 45:20, 46:14 looked [1] - 7:11 looking [10] - 5:16, 13:12, 17:19, 17:24, 22:21, 22:25, 23:19, 23:24, 41:23, 49:17 LOUIE [5] - 1:12, 23:4, 41:25, 45:19, 47:6 low [1] - 44:8 lowest [1] - 20:3 M MADIARA [1] - 1:17 mail [2] - 17:22, 17:25 main [1] - 38:22 maintain [1] - 24:1 maintained [1] - 30:13 Maintenance [1] - 14:16 major [1] - 24:5 management [1] - 8:7 MANAGER [2] - 1:11, 1:12 manner [1] - 11:23 Match [8] - 9:7, 9:8, 9:14, 10:6, 10:10, 42:15, 43:4, 43:12 match [7] - 9:17, 9:21, 9:22, 9:25, 10:3, 10:4, 43:6 Materials [1] - 14:16 McCLAIN [101] - 1:11, 2:1, 2:10, 2:18, 3:1, 3:6, 3:14, 3:24, 4:5, 4:16, 4:21, 5:2, 5:6, 9:4, 9:15, 11:5, 13:2, 13:4, 13:10, 13:16, 13:19, 13:24, 14:6, 14:22, 15:17, 15:20, 16:15, 16:20, 16:23, 16:25, 17:3, 17:11, 17:13, 17:17, 20:8, 22:4, 22:8, 22:15, 23:5, 23:7, 23:16, 25:17, 26:16, 26:20, 28:18, 28:24, 29:11, 29:25, 30:12, 31:4, 31:10, 31:16, 32:15, 32:23, 33:5, 33:14, 34:11, 34:22, 35:3, 35:10, 35:13, 35:18, 35:25, 37:5, 37:22, 38:3, 38:18, 39:2, 39:18, 40:14, 40:23, 41:10, 41:13, 41:22, 42:2, 42:7, 42:14, 42:17, 42:24, 43:4, 43:10, 43:15, 43:20, 44:21, 45:4, 45:12, 45:15, 45:17, 46:4, 46:10, 46:22, 46:25, 47:18, 47:21, 48:16, 48:21, 50:1, 50:9, 50:18, 51:8, 51:14 mean [5] - 8:18, 14:2, 14:4, 21:6, 41:13 means [2] - 21:12, 21:21 meant [3] - 9:11, 10:21, 47:8 Mechanic [5] - 5:15, 18:4, 18:5 Mechanics [3] - 14:15, 19:22, 22:3 mechanism [1] - 36:15 mediator [10] - 3:11, 3:13, 3:23, 4:4, 4:6, 4:13, 4:20, 34:6, 49:14 meet [4] - 47:23, 48:1, 49:5, 50:2 meeting [3] - 48:4, 49:1, 49:6 meetings [1] - 12:3 members [3] - 12:25, 43:6, 48:9 membership [5] - 11:20, 11:25, 12:21, 12:23 mentioned [1] - 45:19 mere [1] - 47:13 mICHAEL [1] - 1:17 Michael [1] - 23:9 MICHAEL [1] - 1:18 might [6] - 3:18, 31:5, 34:6, 37:1, 48:10, 49:6 mind [1] - 50:10 mine [1] - 40:18 minor [3] - 9:8, 9:9, 15:24 misleading [1] - 6:21 mistake [1] - 25:14 modify [1] - 10:17 MOLINA [1] - 1:17 month [2] - 16:10, 23:11 monthly [3] - 7:3, 13:12, 36:2 months [2] - 22:20, 22:23 Morning [1] - 1:15 mostly [1] - 19:21 motion [1] - 11:24 move [6] - 9:3, 9:4, 11:2, 27:3, 31:19, 42:5 moved [4] - 26:6, 32:17, 44:9, 45:9 moving [7] - 6:8, 6:24, 8:1, 8:25, 14:22, 21:13, 31:11 Moving [1] - 6:10 MR [109] - 2:6, 2:9, 2:11, 2:23, 3:3, 3:5, 3:7, 3:22, 4:3, 4:10, 4:19, 4:22, 4:24, 5:4, 5:8, 9:6, 9:16, 11:6, 12:19, 12:24, 13:3, 13:9, 13:15, 13:18, 13:22, 14:1, 14:10, 14:14, 14:21, 15:8, 15:19, 15:23, 16:17, 16:21, 17:2, 17:12, 19:11, 21:8, 22:5, 22:12, 23:6, 23:15, 24:11, 26:1, 26:17, 27:21, 28:20, 29:1, 29:19, 30:5, 30:17, 31:8, 31:12, 31:24, 32:19, 33:3, 33:11, 33:20, 33:24, 34:3, 34:19, 34:25, 35:9, 35:19, 37:4, 37:13, 38:2, 38:6, 38:24, 39:9, 40:12, 40:21, 40:24, 41:11, 41:16, 42:1, 42:6, 42:8, 42:16, 43:3, 43:9, 43:14, 43:17, 43:24, 44:22, 45:5, 45:13, 45:23, 46:3, 46:6, 46:21, 46:24, 47:1, 47:3, 47:4, 47:8, 47:9, 47:20, 48:6, 48:19, 49:9, 49:18, 49:21, 50:6, 50:15, 50:17, 51:5, 51:7, 51:12 MS [104] - 2:1, 2:10, 2:18, 3:1, 3:6, 3:14, 3:24, 4:5, 4:16, 4:21, 5:2, 5:6, 9:4, 9:15, 11:5, 13:2, 13:4, 13:10, 13:16, 13:19, 13:24, 14:6, 14:22, 15:17, 15:20, 16:15, 16:20, 16:23, 16:25, 17:3, 17:11, 17:13, 17:17, 20:8, 22:4, 22:8, 22:15, 23:4, 23:5, 23:7, 23:16, 25:17, 26:16, 26:20, 28:18, 28:24, 29:11, 29:25, 30:12, 31:4, 31:10, 31:16, 32:15, 32:23, 33:5, 33:14, 34:11, 34:22, 35:3, 35:10, 35:13, 35:18, 35:25, 37:5, 37:22, 38:3, 38:18, 39:2, 39:18, 40:14, 40:23, 41:10, 41:13, 41:22, 41:25, 42:2, 42:7, 42:14, 42:17, 42:24, 43:4, 43:10, 43:15, 43:20, 44:21, 45:4, 45:12, 45:15, 45:17, 45:19, 46:4, 46:10, 46:22, 46:25, 47:6, 47:18, 47:21, 48:16, 48:21, 50:1, 50:9, 50:18, 51:8, 51:14 must [1] - 47:21 mutually [2] - 20:25, 21:22 N name [1] - 44:19 named [1] - 13:17 necessary [4] - 6:4, 37:12, 39:8, 46:5 need [16] - 3:25, 4:7, 7:24, 7:25, 13:5, 21:18, 24:16, 26:24, 28:22, 29:7, 30:2, 30:9, 31:17, 33:3, 46:11, 48:22 needed [6] - 7:14, 20:15, 20:22, 26:25, 28:8, 45:10 needs [1] - 6:13 nefarious [4] - 26:13, 26:16, 26:19, 27:15 negative [1] - 36:23 negotiate [1] - 40:16 negotiated [2] - 10:19, 29:14 negotiations [2] - 17:15, 51:15 Negotiations [1] - 1:4 never [11] - 18:19, 19:9, 25:6, 26:22, 30:10, 30:11, 32:3, 32:4, 49:9, 49:11, 49:15 new [4] - 2:15, 6:9, 16:16 New [3] - 38:9, 52:5, 52:18 next [3] - 35:3, 39:19, 46:23 nilly [1] - 26:23 NJRSC [1] - 44:20 non [1] - 10:15 non-precedent [1] - 10:15 Notary [2] - 52:4, 52:18 note [1] - 18:10 notes [2] - 23:19, 41:23 nothing [11] - 8:7, 16:18, 28:7, 28:23, 37:8, 38:3, 39:4, 40:21, 41:25, 42:1, 48:16 notice [2] - 27:16, 29:15 Number [1] - 23:7 number [8] - 7:13, 7:14, 18:2, 20:22, 22:18, 44:2, 45:8, 45:21 numbers [2] - 44:2, 44:11 O O'Rourke [3] - 23:9, 23:10, 44:22 O'Rourke's [1] - 23:12 objection [1] - 6:14 obligated [3] - 15:2, 40:2, 47:15 obligation [3] - 37:17, 38:14, 39:15 obligations [8] - 10:18, 21:24, 37:21, 38:7, 39:11, 42:10, 48:2, 48:11 October [3] - 7:24, 27:25, 40:11 off-site [16] - 7:19, 24:4, 24:10, 24:14, 24:23, 25:4, 25:9, 25:14, 26:18, 27:1, 27:3, 28:12, 30:8, 31:11, 32:17, 32:22 offense [1] - 27:22 offer [2] - 12:4, 41:8 offering [1] - 49:4 on-site [14] - 22:24, 24:10, 24:16, 24:20, 25:5, 25:12, 26:5, 29:20, 30:23, 31:6, 32:12, 32:13, 32:18, 35:21 once [1] - 45:5 one [17] - 3:18, 3:25, 4:7, 4:25, 5:1, 11:3, 12:2, 18:2, 22:17, 22:25, 24:5, 39:19, 43:21, 46:19, 51:4, 51:5 One [1] - 11:9 ones [2] - 19:4, 19:12 opens [1] - 8:14 operating [2] - 13:23, 28:6 OPERATIONS [1] - 1:12 Operations [1] - 14:17 operator [1] - 23:8 opportunity [4] - 27:16, 29:15, 33:23, 49:10 order [3] - 8:23, 36:3, 36:7 original [1] - 50:8 originally [2] - 15:16, 44:1 otherwise [1] - 10:8 ourselves [1] - 49:19 outside [1] - 21:1 outstanding [1] - 46:19 override [4] - 8:9, 37:9, 37:17, 37:20 overwhelming [1] - 12:20 overwhelmingly [1] - 12:1 own [1] - 10:22 P p.m [3] - 17:16, 51:16 package [1] - 5:11 page [1] - 5:12 paid [2] - 13:21, 13:23 paragraph [4] - 14:23, 39:20, 39:22, 40:5 part [4] - 2:15, 5:12, 14:5, 35:19 particular [1] - 36:19 parties [3] - 4:2, 10:14, 52:12 passed [1] - 5:24 past [7] - 8:5, 10:23, 22:19, 26:3, 28:25, 37:24, 50:12 pasted [1] - 15:10 PAUL [1] - 1:17 pay [14] - 7:3, 11:8, 13:1, 36:7, 36:11, 36:18, 36:23, 43:18, 44:3, 44:5, 44:8, 44:15, 44:25 paying [4] - 36:14, 36:15, 36:19, 41:6 payment [7] - 13:25, 14:8, 35:5, 35:12, 35:14, 36:2 people [23] - 12:2, 16:16, 16:18, 18:18, 18:24, 19:6, 19:8, 24:12, 25:8, 25:12, 25:15, 26:6, 26:18, 26:23, 27:9, 28:12, 30:7, 30:24, 31:9, 32:25 per [2] - 13:15, 13:16 percent [13] - 11:10, 11:11, 36:24, 43:20, 43:21, 43:22, 44:1, 44:9, 44:10 performing [1] - 7:19 permanent [2] - 21:11, 22:6 permanently [2] - 21:14, 22:2 person [2] - 20:12, 36:17 personnel [1] - 32:20 perspective [1] - 40:18 philosophies [1] - 8:12 philosophy [1] - 15:25 picked [2] - 44:16, 44:24 place [3] - 29:19, 29:23, 29:24 Plan [10] - 9:7, 9:8, 9:14, 10:6, 10:10, 10:18, 15:21, 42:7, 42:15, 43:12 plan [3] - 17:20, 29:5, 29:7 planning [1] - 45:20 playing [1] - 12:11 PO&T [1] - 1:17 point [9] - 3:25, 10:5, 12:20, 20:3, 28:15, 30:20, 30:22, 31:4, 33:15 points [1] - 42:4 pool [1] - 19:2 population [1] - 43:7 portion [2] - 11:7, 11:13 portions [1] - 15:14 posing [1] - 39:10 position [13] - 3:12, 3:22, 4:12, 4:15, 4:16, 14:11, 18:9, 20:15, 22:19, 23:1, 25:18, 28:4, 34:18 positions [17] - 6:25, 8:3, 11:9, 13:17, 14:20, 15:1, 15:6, 20:6, 21:12, 22:20, 27:11, 34:7, 34:15, 34:23, 35:1, 35:7, 40:1 possibly [1] - 18:19 potentially [1] - 49:13 PPTO [1] - 38:21 practice [1] - 10:23 practiced [1] - 26:3 precedent [1] - 10:15 prefer [3] - 3:25, 4:6, 49:13 present [1] - 4:25 presented [3] - 44:13, 44:23, 45:1 preserve [1] - 8:23 PRESIDENT [2] - 1:14, 1:15 pressing [1] - 48:3 pretty [6] - 2:13, 2:17, 9:10, 15:25, 33:2, 41:20 previous [1] - 5:10 projects [1] - 6:12 promoted [1] - 10:7 proposal [54] - 3:15, 4:17, 5:15, 5:25, 6:2, 7:16, 7:23, 9:2, 9:11, 9:14, 11:13, 11:18, 12:12, 13:1, 13:11, 14:5, 14:15, 14:23, 15:9, 16:1, 16:3, 17:19, 21:14, 21:15, 23:20, 25:19, 26:11, 28:2, 29:20, 29:21, 29:22, 31:12, 31:15, 31:16, 33:6, 33:21, 33:22, 34:21, 37:16, 37:17, 37:20, 38:14, 39:12, 40:20, 42:9, 42:12, 42:18, 43:11, 43:25, 45:25, 51:9 proposals [3] - 4:9, 5:23, 23:18 proposed [4] - 24:6, 26:14, 30:11, 39:20 proposes [1] - 5:17 proposing [9] - 13:14, 30:18, 30:20, 33:6, 33:7, 35:5, 42:25, 48:22, 48:23 protect [1] - 29:8 protected [2] - 10:5, 10:12 protects [1] - 10:23 provide [7] - 6:7, 18:7, 20:20, 25:1, 25:15, 47:13, 47:24 provided [5] - 7:20, 11:24, 29:15, 42:4, 47:24 provides [1] - 45:15 providing [1] - 36:15 Public [2] - 52:4, 52:18 punish [1] - 28:19 punishing [1] - 28:16 purpose [5] - 5:18, 21:2, 35:11, 35:13, 35:14 put [5] - 7:13, 18:17, 19:19, 29:1, 39:16 putting [2] - 3:15, 29:8 Q qualifications [1] - 23:14 qualified [2] - 19:7, 22:24 qualify [1] - 18:19 questions [14] - 9:3, 13:6, 17:6, 23:21, 25:1, 28:10, 33:19, 33:21, 34:14, 37:5, 43:12, 45:17, 46:12, 46:18 quick [1] - 17:5 quite [2] - 25:12, 26:8 R R&D [1] - 1:12 RAGOMO [23] - 1:14, 2:9, 3:3, 3:7, 3:22, 4:3, 4:10, 4:19, 4:22, 12:19, 14:10, 14:21, 34:3, 46:3, 47:1, 47:4, 47:9, 47:20, 48:6, 48:19, 49:9, 49:21, 50:17 raised [1] - 16:12 rarely [1] - 32:25 rate [5] - 7:6, 7:11, 44:15, 44:25 rates [1] - 45:22 ratification [7] - 11:15, 11:22, 12:5, 12:9, 17:9, 41:4, 43:16 ratified [3] - 14:24, 39:24, 40:4 rationale [2] - 43:23, 45:15 reach [1] - 41:2 reached [1] - 9:20 reaching [1] - 41:9 read [3] - 39:21, 40:19, 40:22 readily [1] - 47:2 reading [1] - 37:16 reads [1] - 39:23 really [7] - 8:18, 19:6, 21:21, 23:25, 27:13, 27:22, 34:1 reason [3] - 10:13, 30:11, 37:19 reasoning [3] - 7:21, 30:10, 30:13 receive [2] - 18:21, 19:2 received [1] - 2:21 recessed [1] - 17:15 recognition [1] - 12:15 recognize [5] - 12:10, 40:13, 47:18, 48:11, 50:21 recognizes [1] - 11:21 reconcile [1] - 4:14 record [1] - 42:23 records [1] - 8:6 recruiting [2] - 2:20, 20:20 Recruiting [2] - 18:14, 46:17 reference [1] - 3:3 referenced [1] - 38:23 reflect [6] - 6:1, 16:7, 29:17, 33:10, 36:22, 42:19 reflective [2] - 10:20, 45:21 reflects [2] - 30:3, 30:4 refused [1] - 6:3 refusing [3] - 3:23, 4:3, 4:5 regard [2] - 42:20, 42:21 regarding [10] - 3:11, 3:12, 5:18, 6:8, 7:18, 8:2, 11:15, 12:21, 21:25, 42:10 regardless [1] - 5:25 regards [1] - 28:3 regulations [2] - 8:10, 37:10 reinstate [1] - 9:25 reinstated [1] - 43:5 reinstates [1] - 10:2 relative [3] - 6:12, 52:11, 52:13 relatively [1] - 15:24 relevancy [1] - 19:12 relevant [4] - 19:4, 19:13, 20:6 relying [1] - 2:19 remain [3] - 31:5, 40:14, 40:16 remember [1] - 15:16 Remote [1] - 51:15 remote [2] - 17:15, 52:7 REMOTELY [1] - 1:7 remotely [1] - 19:7 removal [1] - 17:9 removed [3] - 6:18, 6:21, 40:5 renew [2] - 21:1, 21:22 replace [3] - 15:3, 28:4, 40:3 replacing [2] - 39:22, 40:10 Reporter [1] - 52:5 represent [2] - 24:11, 24:13 representation [3] - 7:22, 36:13, 36:20 represented [1] - 43:6 represents [1] - 12:14 Repro [2] - 14:18 request [6] - 2:15, 5:13, 17:18, 17:21, 17:25, 20:5 requests [3] - 2:12, 46:15, 51:10 required [1] - 7:1 requisition [1] - 18:17 Research [6] - 9:19, 19:22, 44:4, 44:6, 44:7, 44:23 RESEARCH [1] - 1:10 resistant [1] - 49:14 resolution [2] - 47:11, 50:24 resort [1] - 20:2 resources [1] - 25:21 respect [5] - 37:3, 48:7, 49:23, 50:2, 50:23 responded [2] - 18:1, 28:3 response [4] - 5:16, 16:8, 22:17, 46:20 responses [2] - 17:21, 23:17 rest [1] - 9:2 restrict [2] - 5:20, 26:2 restricted [1] - 25:20 resumed [1] - 17:16 retained [1] - 32:12 retire [2] - 10:7, 23:10 retirement [1] - 23:12 retroactive [1] - 11:9 retroactivity [2] - 17:7, 43:21 reverting [1] - 22:9 reviewed [2] - 18:6, 22:19 rewrite [1] - 34:20 riders [2] - 38:8, 38:11 rights [3] - 25:20, 27:13, 39:11 RITA [1] - 52:4 Rita [3] - 50:4, 50:6, 50:11 Rodney [1] - 23:12 role [1] - 22:21 roles [2] - 20:16, 31:19 room [2] - 2:16, 23:8 rude [1] - 46:7 ruling [1] - 8:2 run [1] - 25:16 running [1] - 32:5 S saving [1] - 11:18 Savings [10] - 9:7, 9:8, 9:14, 10:6, 10:10, 10:18, 15:20, 42:7, 42:15, 43:12 savings [4] - 11:18, 12:13, 17:20, 45:11 scenario [3] - 29:6, 29:12, 31:10 scenarios [2] - 29:8, 29:9 schedule [2] - 2:2, 48:13 scheduled [5] - 48:13, 48:16, 48:17, 48:21, 49:2 schedules [1] - 11:8 screen [3] - 9:12, 11:3, 13:12 SEBASCO [1] - 1:15 SECRETARY [1] - 1:15 see [16] - 3:15, 3:24, 4:8, 4:18, 5:5, 9:13, 11:4, 16:25, 17:6, 22:10, 26:11, 26:12, 37:18, 37:22, 47:22 seeing [1] - 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