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ConocoPhillips Bayway Refinery


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									                                    ConocoPhillips Bayway Refinery
                                     Operations Cross Qualification

The Union has grievances pending pertaining to cross qualification training.

Therefore, ConocoPhillips and Local Union 877, I.B.T. (“The Union”) agree to the settlement of all
grievances and claims pertaining to the subject matter of this Settlement Agreement, as of the date of the
signing of this Agreement, on the following terms and conditions:

Cross Qualification

   Currently, there are two (2) Operations job classifications: Operator and Assistant Operator.
   Employees shall complete Tier 4a training on their first assigned post.
   Employees are required to work the post they are initially certified on for 18 months prior to beginning
    cross qualification on another post.
       o Reasonable extensions beyond the 18 month provision will be considered on a case by case
       o Any exceptions to the 18-month requirement will be reviewed on a case-by-case basis, (i.e.
           someone with prior industry experience)

   Prior to the next hiring class Management is willing to meet with the Union to discuss shortening the
    Assistant Operator progression from 36 months to 18 months. Such discussions will not be considered
    a re-opening of the collective bargaining agreement.
 Employees cross-qualifying on a post will be required to pass the initial cross qualifying unit’s
    qualification test, using the same training materials, written and walk-through tests as initially trained
    Assistant Operators
                    * Training timeline will be determined by the individual unit/area management.
Reasonable extensions to these established times will be considered on a case by case basis and reviewed
at the Joint Refinery Training Steering Committee.
 Job shadowing will be utilized and consist of a minimum of two (2) weeks, one (1) week of a day shift,
    one (1) week of a night shift.. Reasonable extensions will be considered.
 Personnel will first be selected for cross qualification training on a voluntary basis.
        o Volunteers will be selected based on highest process seniority
 Non-volunteers will be trained by low process seniority by post
        o There may be special circumstances when non-volunteers are scheduled for cross training
             before all volunteers have been trained (restricted duty, open post, low seniority people training
             for AO to Operators, etc.)
 Training of AOs for Operator will take priority over cross qualifying that AO on another AO post.
 Non-volunteer employees who have at least 87 points (total of age and years of service), by the start of
    their cross qualification will be exempt from cross qualification unless extreme business needs dictate
    otherwise. Business teams will evaluate these needs on a periodic basis.
 Employees who complete cross qualification will remain in their new cross qualified posts for a full
    EOWEO rotation [two (2) weeks of day shifts and two (2) weeks of night shifts] before they are returned
    to their previous post (unless significant Operational needs dictate otherwise).

 When cross qualifying a designated trainer is required. Designated trainers are those that have unit
    specific expertise of the operation and can provide guidance to the trainee. (Examples include a Day
    First Line Supervisor, a Production Supervisor, Console Supervisor or a Unit Trainer). This role will be
    considered as part of their overall duties. A designated trainer will provide training material or a training
    manual along with feedback, and maintain an interactive dialogue with the trainee in order to track
CONFIDENTIAL WORKING DOCUMENT 9-17-10                   1
    progress. He/she will administer qualification tests. Prior to initial cross training on a Unit/Area the
    training material/package shall be reviewed with the Joint Refining Training Committee.

Scheduling of Extra Personnel

    1. When a person in an “Extra” position is cross qualified they will be shown as an “Extra” in the
       unit/area where assigned (Example: DSU-1, extra). The schedule will reflect all posts the Extras are
       qualified to work.
    2. If an unscheduled vacancy exists on a unit, a cross-qualified Extra assigned to the same unit/area
       and the same team or paired shift team will cover the vacancy on the unit / post for which they are
       qualified (Example: DSU-1 AO is extra and will cover a DSU-1 AO post vacancy). No Daisy-
       chaining of posts.
    3. If a vacancy exists for a period of 3 consecutive shifts or greater, a cross-qualified extra assigned to
       a different unit/area within the same Section may be used to fill the vacancy (Example: DSU-1 AO
       cross qualified as a DSU-2 AO will be moved to DSU-2 to cover the vacancy) No Daisy-chaining of
    4. On Units that have Extra AOs who are qualified as Operators, the schedule will denote their
       qualifications. If the extra employee is qualified as an Operator, he or she may be used to fill either
       vacant Assistant Operator or Operator posts for which they are qualified.
    5. If following the above options, (1, 2, 3, and 4) and side letter H do not fill the post, employees will be
       moved from their post as necessary to fill the vacancy.
    6. When a cross qualified extra person is used to fill an unpaired shift the rules outlined in Section 6 of
       the Extra Person Utilization Agreement will be followed. No daisy-chaining of posts.
    7. When a cross qualified extra person or person working a post (as in # 5 above) is used to fill a shift
       resulting in a short swing, the rules outlined in Section 5 of the Extra Person Utilization Agreement
       will be followed.

Examples for unfilled posts:
   1. When an unfilled post is available and there are no volunteers or extras to fill the post, the low
      overtime person will be stuck (extra or in the post) first. If no qualified person is available the post
      may be filled by any means required. Example: DSU-1 AO post is vacant and no one will volunteer
      to fill the post. Low overtime person (DSU-1 AO or DSU-1 extra) will be stuck. If that is not possible
      due to scheduling issues the low overtime DSU-1 Operator will be used.
   2. When an unfilled post is available and there are no volunteers or extras to fill the post the personnel
      assigned to the unit/area shall be stuck to fill the post prior to utilization of an extra cross qualified
      person on an adjacent unit/area post. Example: DSU-2 AO post is vacant and no one will volunteer
      to fill the post. DSU-1 extra AO who is cross qualified at DSU-2 will not be used until all DSU-2
      personnel (AO’s and Operators) are stuck first.

Scheduling of Overtime

   Overtime will be handled per the policies outlined in Side Letter H of the contract. If there are no
    qualified extra personnel available to fill the vacancy the vacancy will be filled in the following manner:
       o Same Unit/Area: Same Classification
       o Same Unit/Area: Any Classification
       o Same OT Section: Same Classification
       o Same OT Section: Any Classification

Maintaining Qualifications via Working Posts

CONFIDENTIAL WORKING DOCUMENT 9-17-10                   2
   It is the intention of this agreement to routinely rotate cross-qualified employees through each of the
    posts they are qualified for.
         o Individuals will be required to work two (2) 12-hour shifts per quarter. A minimum of 4 (four) 12-
             hour shifts per six (6) month period must be scheduled to retain certifications.
   In order to maintain qualifications, employees will be rotated between the posts on which they are
    qualified. In doing this, the Company is not creating a vacancy in either post. This will be
    accomplished by scheduling to fill vacancies where possible, or by scheduling an employee on his/her
    day off.

   In addition, employees will be required to:
        o Complete Simulated Emergencies in all qualified posts.
        o Review all job specific process specifications in all qualified posts.
        o Complete Required Reading in all qualified posts.
        o Complete any CBT for the qualified posts.
The Company will give employees time to complete required reading on shift and cannot interfere with
process duties or assigned duties to others on shift. This time will be allocated on shift in lieu of other duties
including but not limited to Minor Maintenance or Housekeeping. It is not the intent to provide this training
by having other shift personnel perform the duties of the employee requiring this refresher training unless
the person assigned is extra and qualified.

        o   The Company will track the hours worked in each post to satisfy this requirement.

   If an employee does not meet these requirements, they will be required to retake and pass the
    qualification test for that job / post. If unable to pass the qualification test, refresher training will be
    provided as appropriate.

Additional Requirements to Retain Job Certifications
 All refresher training requirements must be met to maintain each job certification (Tier 4b).

   When an Operator or AO has been absent from his post for more than six (6) months, the employee will
    be required to recertify in those jobs prior to again working independently in that position. An exception
    to this requirement will be made when the employee has worked a post within the same operating unit.
    Example: If an Operator works the AO position within the same unit for > 6 months, and then returns to
    the Operator post, no need for re-certification will be needed. Similarly, if the Operator qualified AO
    works the Operator position within the same unit, the same rule applies when he returns to the AO post.
   If an Operator is required to recertify on a job, all items listed below must be completed and signed off
    by management, before filling post

            1.   Review all job specific MOC's for all qualified posts issued during absence.
            2.   Complete any regulatory and/or process training conducted during the absence.
            3.   Document and administer training as needed. s
            4.   Administer written and/or skills demonstration as needed.
            5.   Review any other job specific duties as outlined by the unit supervisor.
            6.   Update employee training records and training history.
            7.   Acquire appropriate supervisory approval prior to working independently in the position.

   A database will be maintained by the Company ensuring these qualifications are maintained and
    Operations will be notified via a 30 day look-ahead when employees are due for refresher training.

CONFIDENTIAL WORKING DOCUMENT 9-17-10                     3
This agreement is entered into solely to effectuate Cross Qualification of Operations Personnel. This agreement can
be amended by either party in writing by mutual consent. Unless modified or canceled by either party in accordance
with the terms of this accord, this Agreement shall remain in effect until the expiration of the current collective
bargaining agreement. After 30 days once this agreement becomes final, it shall be subject to the grievance and
arbitration provisions of the Collective Bargaining Agreement, Articles 19 and 20.

 This agreement settles with prejudice and on a non-precedent basis the following grievances B-89-09, B-115-09, B-
127-09, B-128-09, B-130-09, B-132-09, B-137-09, B-143-09, B-144-09, B-154-09, B-155-09, B-156-09, B-158-09, B-
159-09, B-160-09, B-10-10, B-2-10, B-3-10, B-4-10, B-5-10, B-6-10, B-8-10, B-13-10, B-14-10, B-15-10, B-16-10, B-
17-10, B-18-10, B-19-10, B-22-10, B-24-10, B-25-10, B-26-10, B-28-10, B-29-10, B-36-10, B-37-10, B-40-10, B-42-10,
B-43-10, B-46-10, B-47-10, B-48-10, B-49-10, B-51-10, B-54-10, B-55-10, B-64-10, B-65-10, B-66-10, B-68-10, B-69-
10, B75-10, B-76-10, B-77-10, B-78-10, B-79-10, B-80-10, B-81-10, B-89-10, B-134-10, B-137-10, B-138-10, B-139-
10, B-140-10, B-141-10, B-142-10.

The Union shall withdraw the above grievances and the arbitration pending before Arbitrator Stanley Agies and shall
not refile them.

This Settlement Agreement is non-precedent setting.

CONFIDENTIAL WORKING DOCUMENT 9-17-10                     4
      Refinery Cross Qualification Plan until expiration of the current collective bargaining agreement.

Section A
    Pipestills – no plans for cross qualifications
    Powerformer – cross qualify Operator on the Hydrofiner Operator post
    Powerformer – AO cross qualify on the Hydrofiner AO post.
    Hydrofiner – Operator cross qualify on the Powerformer Operator Post
    Hydrofiner – AO cross qualify on the Powerformer AO post

Section B
    F-Cat - cross qualify F-Cat Operator personnel on CLEU
    CLEU – cross qualify CLEU Operator on F-Cat Operator Post
    F-Cat – AO cross qualify on Oil side and Compressor
    DSU-1- Operator cross qualify on DSU-2 Operator Post
    DSU-1- AO cross qualify on DSU 2 AO post
    DSU-2 –Operator cross qualify DSU-1 Operator Post
    DSU-2- AO cross qualify on DSU 2 AO post

Section C
    ABW – cross qualify ABW Operators as Poly Operators
    AB W- AO train to assists Poly Operators
    ISOM Operators – no plans to cross qualify
    ISOM – AO train to assist Poly Operators
    Poly – cross qualify Poly personnel as ABW AO’s
    Utilities Operator cross qualify with SWPS
    SWPS cross qualify with Utilities Operator
    Utilities - cross qualify 804 (volunteers only)

East Side
    FGBW- cross qualify FGBW AOs on East Side
    East Side - cross qualify East Side AOs on FGBW
    FGBW- cross qualify FGBW Operators as Operators on East Side
    East Side - cross Qualify East Side Operators as Operators on FGBW

   PPBW Assistant Operators will be qualified on one additional AO post
   PPBW Operators will be qualified on one additional Operator Post
   Loadout personnel may require additional time for cross qualification and this will be granted on a
     case by case basis.

   Area 1 – cross qualify the two Operator posts (838 and 840)
   Area 3 – cross qualify the two Operator posts (828 and 830)
   Area 4 – No plans for cross qualification - maintain all AO’s qualified on all AO posts. Operators
     qualified on MVR.
   Area 5 – No plans for cross qualification.

Additionally, and at the discretion of the Company, volunteers can cross-qualify on additional posts beyond
the strategic plan.

CONFIDENTIAL WORKING DOCUMENT 9-17-10                 5

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