MEMORANDUM OF AGREMENT

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.

OVERTIME POLICY

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

Should a partial work complement be required on 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, or in the case of a full complement, 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.

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

In the event of a 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.

If the senior employees on the classification (with the most plant seniority) do not have the opportunity to work at least forty (40) hours during the week that the department shutdown occurs, then the senior employees on the classification will be given the opportunity to exercise their seniority in order to collect a maximum of forty (40) pay hours during that week. The senior employees will be allowed to exercise their seniority through shift selections.  The maximum forty (40) pay hours could be exceeded to prevent the splitting of shifts. 

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, or whether a temporary assignment of a capable person not working overtime can be made from another job. 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) (1), (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, or whether a temporary assignment of a capable person not working overtime can be made from another job.

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' (nonscheduled) 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 replacement will be secured from the overtime index on the preceding shift.

Section 3. B (I)

The off shift is defined as that shift listed on the posted schedule as being "off' (nonscheduled) on the day in question. In some unusual situations occasionally two or more shifts are scheduled off the same day. In such a situation the overtime would be offered to the shift normally working such hours. In those other situations where two or more shifts are scheduled off and neither normally works the shift on which the overtime exists, the opportunity for the overtime will be offered to the employee low on the index of the shifts involved.

(a)    In those situations where all employees on the off (nonscheduled) shift have declined to work overtime, the overtime will be offered first to the preceding shift, and then to the succeeding shift until such time as the overtime requirements are fulfilled.

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

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

(d)   Probationary employees (new within the 20 week period-regular within 90 working day period in case of transfer) will not be considered for overtime until the other employees on the classification are exhausted. Temporary employees or employees temporarily assigned in accordance with Article XII, Section 3 (a), Sub-section C (1), will share in the overtime assigned on the job. This sharing will be accomplished by assigning them the highest index number on the overtime record (of the shift in the classification to which they are assigned) at 7:00 a.m. on the day of their assignment. They will then be considered in the offering of overtime in accordance with the usual practice.

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

(f)     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.

(g)    In those cases where extra work is available for more than four hours the off shift would be given first preference. In those instances where the over- time assignment is four hours or less 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.

(h)    If an erroneous overtime assignment is made the over-looked employee will be made whole in 90 days by the offer of subsequent overtime, or if this is not done then pay for the overtime not offered will be in order.

The following procedure is to be used when applying the "90" day remedy":

1.      The overlooked employee will be offered the overtime that occurs in his/her classification on his/her shift.

2.      If the overtime offered in step a. is not a least equal to the amount erroneously denied, the subsequent overtime that occurs in the classification on the shift will also be offered to the overlooked employee.

(i)      In those situations where it is agreed to equalize the overtime of the grievant within the 90-day corrective period any hours offered as equalization in settlement of the grievance will be charged to the grievant’s overtime record and identified as such by assigning the grievance number to the hours charged. If no grievance number exists, list "Step # 1 Grievance" on the overtime record.

(j)      In the event the grievant is paid for overtime not offered, either because of a contractual violation or because of the Company's inability to make him/her whole during the 90-day corrective period, such payment shall be regarded as the equivalent of overtime work and such equivalent hours charged to the grievant's overtime record.

(k)   Current overtime records shall be kept together with a record of the overtime for the preceding year. Overtime should be posted on the day the overtime is accepted.

(l)      Employees will be listed within the classification by shift.

(m)    Overtime Index

a.       When an employee is assigned to a shift, either on a permanent or temporary basis, the employee will be assigned the overtime index equal to the highest index number on the overtime record of the shift, in the classification, to which they are assigned.

b.      Employees who swap shifts on a voluntary basis for a short term (2 weeks or less) will assume the overtime index of the employee they are swapping shifts with.

c.       When an employee swaps non-scheduled days with another employee in the classification on the same shift, they shall carry their overtime index with them.

4.      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 will be made in the book telling when the hours were dropped.

5.  Record Overtime as Follows:

a.       If worked, record actual number of hours

b.      If refused, record number of hours refused and then circled.

c.       In cases where an absent employee would have been eligible for overtime the number of hours available shall be charged to his/her record. The letter "a" will be entered after the number to identify this as an absence.

d.      The employee designated as a vacation relief person who relieves for vacation shall assume the overtime index of the employee on vacation that is being relieved.

In the distribution of overtime it should be remembered that if 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.