MEMORANDUM OF AGREEMENT

BETWEEN

LOCAL 90

ABG DIVISION

of the

UNITED STEEL, PAPER AND FORESTRY, RUBBER, MANUFACTURING, ENERGY, ALLIED INDUSTRIAL AND SERVICE WORKERS

and

ROHM AND HAAS CHEMICALS LLC, KNOXVILLE PLANT

KNOXVILLE. TENNESSEE

This Memorandum of Agreement is attached to and becomes a part of the Agreement dated January 26, 2007, between Rohm and Haas  Chemicals LLC, Knoxville Plant, Knoxville, Tennessee, and Local 90, ABG Division of the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers.

The general provisions governing overtime work are outlined in the Company-Union Contract. The following guidelines are set forth for governing the overtime of the Mechanical Department:

OVERTIME POLICY

1.      Work on a Holiday (Department to Work all Other Scheduled Days)

Should a partial work complement be required on a holiday the senior employee from the point of view of plant seniority in the classification normally scheduled to work on the shift will be offered the opportunity to work. Should this offer result in refusal then the other employees in the classification normally scheduled to work shall be offered the work in accordance with their plant seniority.  All of the above presumes that including holiday pay the department employees will have the opportunity to work at least 40 hours during the week the holiday occurs.

·         Work on a Holiday (the above paragraph) must be followed when securing a partial complement for work on a Holiday.

·         If it is known in advance that a job assignment in a craft on a holiday will require overtime, the senior employee (s) in the craft will be offered the job.

·        If it is not know in advance that the job will require overtime and junior employees in a craft are assigned to the job, and the job requires overtime, the employees working on the job will have the opportunity to continue the job until its completion.

·        Jobs that come up at the end of the shift on a holiday in a craft shall be offered to the senior employee(s) in the craft at work.

2.  Work During Department Shutdown  (Whole or Part Week, Including Holidays)

In the event of a Mechanical Department shutdown when a partial complement is required, the senior employees on the classification (with the most plant seniority) will be given the opportunity to work.

3.  Offering of Overtime Work

Before deciding whether overtime is necessary the Team Manager should decide whether or not the operation can be shut down. If after reviewing such considerations the Team Manager decides that overtime work is necessary and canvassing for workers to perform the overtime has begun, an attempt will be made to contact all the employees in the classification eligible for the offer unless something beyond the control of the parties occurs that would nullify such contacting. The following are the guidelines that will be followed:

A. Article XII, Section 3 (a), of the Company-Union Contract together with Subsections (b) (I), (b) (2), and (b) (3), governs the distribution of overtime in those cases where the relieving employee on the following shift is absent and the employee does not give notice of the absence more than eight hours in advance. In essence, the low person on the classification index on the preceding shift is offered the overtime. Such a situation usually happens the first day of the absence.

The Contract is silent as to the procedure to be followed when an employee must suddenly leave work (due to illness, personal emergency, etc. ) prior to the completion of the shift.

The following procedure should uniformly be used in dealing with these situations.

1. Before deciding whether overtime is necessary the Team Manager should decide whether or not the operation can be shut down.

2. Offer the overtime (according to the overtime index standings) to the employees in the classification on the succeeding shift.

3. If step 2 is unsuccessful in filling the vacancy, offer the overtime (according to the overtime index standings) to the employees in the classification on the preceding shift.

4. If steps 2 and 3 are unsuccessful, offer the overtime (according to the overtime index standings) to the employees in the classification on the "off' (non-scheduled) shift.

B. The Contract is silent as to the procedure to be followed in those instances where the absence is reported more than eight hours in advance of the shift. In such instances the low person on the index of the “off” (nonscheduled) shift shall be offered the opportunity for overtime in replacing the absentee. This would apply on the first day of the absence or subsequent days as long as we have more than eight hours advance notice of the need for replacement. In those shift operations not having an off shift, overtime replacements will be secured from the overtime index on the preceding shift.

1. The low person on the overtime index in the classification on the shift involved shall have the first opportunity for working overtime.

2. If two or more employees are equally low on overtime, plant seniority will be used in offering the assignment.

3. Trainees will be eligible to work overtime when they are deemed capable by Mechanical supervision. They must work with "A" craftsperson (unless " A " craftsperson classification is exhausted). They will not compete for overtime time on their own. (When an" A " craftsperson is called in and a crew of two is required, then a trainee may be called provided the trainee overtime index is lower than the other A " craftsperson in the classification unless for safety reasons two " A " Class Electricians are needed. )

4. Double time vs. time and one-half will not be a consideration in making overtime assignments.

5. Employees will not be eligible to work overtime which exceeds the sixteen (16) consecutive hour rule in Article XII, Section 3(a). Emergency situations will be dealt with on a case by case basis.

4.      Offering of Overtime Work During Regular Work Days

1. Offering Overtime in Specified Craft-

(A) The Mechanical Department employees on the job at the end of the shift will be given the first opportunity to work overtime.

(1) If supervision knows when a job assignment is made that overtime will be necessary, the overtime index will be used in making the job assignment when possible.

(B) Offer to low overtime " A " class craftsperson and/or trainees until the required number of " A " Class craftsperson and/or trainees have been secured or the classification has been exhausted.

(C) Offer overtime to low overtime Maintenance Mechanic on any job they are deemed competent by Mechanical supervision until the required number of craftsperson have been secured or the classification is exhausted.

(D)  Offer to any craftsman deemed competent.

(E)  When it is deemed that the flow of information from the craftsperson on the job cannot be made, the craftsperson working on the job may be asked to work.

2  If overtime occurs prior to a craftsperson leaving work he/she will be eligible for overtime in their craft. If the overtime occurs after the craftsperson leaves, he/she will be eligible for overtime after all others still at work in the classification have been asked.

3. Overtime index as of Friday afternoon stands until Monday. Overtime should be posted on the day after the overtime is worked except for weekends.

4. Employees will be listed on the overtime index by craft.

5.   Overtime Procedure Clarifications

(A)   Any craftsperson that changes his/her work schedule by coming in early and leaves after his/her eight hours will be charged with overtime that may occur even though he/she is not here.  If you leave early with less than the full eight hour shift completed, you will not be charged unless you were asked prior to leaving early.

(B)   Frequently when overtime is offered in a classification, craftspeople say they do not want to work the overtime, but if no one else will, to come back to them.  When this occurs, only the lower index people and the individual accepting the work will be charged with the overtime.  This is the same as if they had accepted the overtime at the first offering.  The same will hold true if calling in craftsman and some are not home.  If the GSC has to start back at the top of the overtime list, only the lower index craftsperson and the individuals accepting the overtime will be charged.

(C)   If you are on vacation, you are not eligible for overtime unless the craft classification is exhausted.  If for some reason you are called, you should inform the GSC that you are on vacation.

(D)   Except for long term known sickness, you will be listed on the overtime list as though you were working.  If overtime occurs after hours, you will be called from the call-in list as though you had worked.  This time will be charged to your index.  This is being done to allow people that may have been sick earlier in the day but feeling better later, to accept the call in, if they feel like it.  It also will permit those that may be sick on Friday, to be eligible for overtime on the weekend should they be feeling better.

(E)    Employees coming into jobs covered by the Skill Trades Training Program (except for the Maintenance Mechanic) will not be placed on the overtime index until they have completed thirty (30) calendar days on the job.

(F)    Employees coming into the Maintenance Mechanic job will not be placed on the overtime index until they have completed the requirements to work solo.  After the Maintenance Mechanic is capable of working solo, he/she promotes to another craft job in the Skill Trades Training Program, this employee will be put on the respective overtime index immediately.

(G)   Maintenance Management (the Company) and the Maintenance Shop Steward (the Union) can mutually agree to increase the waiting periods mentioned above, in bullets ‘E’ and ‘F’, on a case by case basis if conditions warrant.

5. Accumulated Hours

Accumulated hours are the total overtime hours the employee has been offered since entering the classification. It is permissible to drop l00 hours from the record when all employees in the classification have at least 100 hours. If this is done, a notice wilt be made in the book telling' when the hours were dropped.

6. Record Overtime as Follows:

1. Record actual number of hours in tenths of hours. Employees will be charged for hours offered or hours   worked.
2. If refused, record number of hours refused.
3. If an employee is on vacation, sick, relieving for Powerhouse, or Refrigeration, or on vacation, or out of the department for less than thirty (30) calendar days, their overtime index does not change. If the employee is out for over thirty (30) calendar days, the employee's overtime index is brought equal to the high index.
4. The employee designated as a vacation relief person who relieves for vacation shall assume the overtime index of the employee on vacation they are relieving.

In the distribution of overtime it should be remembered that by following the above, and all employees in a classification refuse overtime or are unavailable, any competent employee in the bargaining unit may be offered the overtime.

MECHANICAL DEPARTMENT CALL-IN PROCEDURE

A. Guide for Call-In Specified Craft When One Craftsperson is Needed

1.  Call low overtime " A " Class craftsperson until one accepts or until the classification is exhausted.

2.  Call low overtime trainee until one accepts or until the classification is exhausted.

3.  Call low overtime Maintenance Mechanic for any job on which they are deemed competent until one accepts or until the classification is exhausted.

4. Call the craftsperson deemed competent from any craft.

B. Guide For Call-In When one "A" Class Craftsperson Has Accepted And A Crew Of Two (2) Is Needed.

1. When an " A " craftsperson is called in and a crew of two is required, then a trainee may be called provided the trainee overtime index is lower than the other " A " Class craftsperson in the classification unless for safety reasons two " A " Class craftsperson are needed.

2.  Call the low overtime Maintenance Mechanic for any job they are deemed competent by Mechanical supervision until one accepts or until the classification is exhausted unless for safety reasons two " A " Class craftsperson are needed.

3.  Call the craftsperson deemed competent by Mechanical supervision from any craft.

C. Guide for Call-In When Assistance Is Needed For Shift Maintenance Mechanic

1.  In those cases where extra work is available for four hours or more, the off shift would be given first preference. In those instances where the overtime assignment is less than four hours, the work will normally be offered first to the low person on overtime on the preceding shift or succeeding shift as the case may be.

4. Call the low overtime Maintenance Mechanic until one accepts or until the classification is exhausted.

90 Day Equalization Clause

If an erroneous overtime assignment is made, the overlooked employee may arrange with

supervision to make up the overtime work on a date mutually convenient to the supervisor and employee within 90 calendar days following the error. The remedy must be made up in one continuous overtime work period, unless the total remedy is more than 8 hours. The employee will be made whole on a total pay basis.

If the company fails to allow the employee to make up the overtime missed within the 90 calendar day period, he/she will be paid for such hours missed.