Date: November 12, 2014
TO: USW Local 13-2001 Members
From: Ricky Brooks, President
The Facts and the Fiction of the Push For a Fatigue Policy In Which ExxonMobil Management Falsely Claims Is API 755
Fact – API 755 guidelines are intended for all employees working night shifts, rotating shifts, extended hours/days, or call outs involved in process safety sensitive actions.
Fact-ExxonMobil management does not agree with this portion of API 755 and is proposing only including the process divisions which includes 12 hour shift workers as well as 8 hour and 10 hour process employees.
Fact-The definition of safety sensitive potions is as follows; Safety sensitive position is a job or position where the employee holding this position has the responsibility for his/her own safety or other people’s safety. An employee in one of these positions has to be with clear mind and diligent while occupying such position. Is this not every position at ExxonMobil Baytown?
Question-Why with this legal definition is ExxonMobil management in Baytown only including process employees? Ingrained in this definition is the ExxonMobil Baytown’s site safety mantra of nobody gets hurt because each of us has the responsibility for his/her own safety as well as other people’s safety. But yet the ExxonMobil Baytown management group does not want to include the mechanical division or the lab division or contractors whom all and or at times work night shifts, rotating shifts, extended hours/days, or call outs and again are in a position that is safety sensitive by its very nature as well as definition.
Fact-ExxonMobil Baytown Management’s original proposal was that they wanted API-755 in its entirety. Now they only want the hours of service guidelines and they only want to include process employees. This change in position by that of ExxonMobil is because, the API 755 guideline calls for a comprehensive Fatigue Risk Management System to be constructed and this has not yet been done. The comprehensive Fatigue Risk Management System is to be based upon sound science and recognize operational issues, and shall include consultation with key stakeholders in the development and implementation of the local application of the comprehensive Fatigue Risk Management System. Simply stated they do not want you or you’re Union to be part of the development or the implementation of this fatigue policy. But again ExxonMobil’s Management group is not adhering to or trying to administer API 755 they are simply utilizing pieces of the document and or cherry picking what they like throwing out what they dislike and operating under the guise of trying to develop and implement API 755.
Fiction-ExxonMobil management in Baytown is trying to adhere to and administer API-755.
Fiction-ExxonMobil management is not pushing this API 755 change the Union is pushing ExxonMobil management into this.
Fact-USW Local 13-2001 and ExxonMobil Baytown Refinery have a standing and legally enforceable agreement for that of 12 hour process employees concerning API 755.
Fact-This agreement states very clearly that Refinery 12 hour process units shall continue to utilize their respective overtime guidelines until these guidelines come in conflict with the hours of service (HOS) guidelines. It further states that if by working the overtime in accordance with the applicable overtime guidelines, the selected employee would create an exception i.e. (eighth day) to the API 755 RP, the overtime shall go to the next eligible employee under the existing Unit Overtime Guidelines and so forth until no exception is created. The agreement between the parties goes on to state very clearly that the following language is to be added to all overtime guidelines as follows; the unit overtime guidelines will be controlling until an exception is created.
Fact-The USW Local 13-2001 President as well as the USW Local 13-2001 Secretary with approval granted to them from the USW Local 13-2001 Board of Stewards signed this agreement. Also signing this agreement for the company is the Refinery Manager himself.
Fiction-This agreement is not active. The company will try and spin this in that direction; however, this is a legal document in which lays out the parameters for that of 12 hour process employees in the Refinery with specific regard to API 755.
Fact-ExxonMobil management and the Union wanted to achieve a similar agreement for that of 12 hour Chemical Plant process employees as well as a similar agreement for that of 8 hour and 10 hour process employees in both the Chemical Plant as well as the Refinery.
Fact-During those discussions/bargaining between the parties concerning 12 hour Process in the Chemical Plant as well as 8 hour and 10 hour employees in the Chemical Plant and the Refinery the company and the Union exchanged one set of proposals. The company then falsely claimed impasse and began to pump out its version of a fatigue policy that in no way resembles that of API 755. ExxonMobil management and USW Local 13-2001 have a legal and in full effect agreement for that of 12 hour process employees.
Fiction-The parties are at impasse bargaining a fatigue policy for 12 hour Chemical Plant process as well as 8 hour and 10 hour process employees in the Chemical Plant and the Refinery.
Fact-This issue has a plethora of Mandatory Subjects of bargaining subsumed in it, Including but not limited to; compulsory overtime or mandatory overtime, Hours of Work, methods of filling vacancies, safety and health rules. Mandatory bargaining subjects are terms or conditions of employment that vitally affect employees. Therefore the company must bargain with the Union over any or all of the mandatory subjects prior to implementing its proposal.
Fiction-The Union is in agreement with the training and documents in which they ExxonMobil Management began to distribute and go over during the first week of November 2014.
Fact-Your Union stands ready to bargain at reasonable times and places to achieve an agreement for that of the 12 hour Chemical Plant process employees as well as the 8 hour and 10 hour process employees at the Refinery and the Chemical Plant. Your Union is still awaiting relevant and needed information to evaluate its own proposals as well as the company’s proposals for these specific groups.
Fact-Your Union will take any and all legal actions to enforce the agreement that is in place and will solicit grievances from all whom it represents when the agreement that is in place is violated in any regard. In soliciting these grievances your Union will investigate each case and file timely these grievances upon the employer and will represent the individuals whom file these grievances with vigor and will at all times provide exemplary representation to each and every person whom files these grievances. Your Union will also take any and all legal actions required concerning that of unilateral implementation by the company on mandatory subjects of bargaining and that vitally affect the employees in which it represents.
Fact-If you have questions, comments, concerns regarding this manner you can call the Union Hall at 281-427-1024, or Ricky Brooks at 713-471-2613. You can also contact your area steward.
Fact-A concerted and vigorous action will be required by each and every one of us to address this company created travesty that they ExxonMobil Management are promoting under the guise of API 755.