Exhibit 10.1


 


AGREEMENT


 


BETWEEN


 


MARKWEST
HYDROCARBON, INC.


 


AND


 


PAPER,
ALLIED-INDUSTRIAL, CHEMICAL AND


ENERGY
WORKERS INTERNATIONAL UNION


AND ITS
SUB-LOCAL 5-372


 





















 


TABLE
OF CONTENTS


 


	
  Parties and Terms of Agreement

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
  Purpose

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
  Recognition

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
  Work
  of Employees

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
  Management
  Rights

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
  Discipline
  and Discharge

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
  No Strikes

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
  Seniority

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
  Grievance
  Procedure

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
  Arbitration

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
  Hours of
  Work

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
  Twelve
  Hour Shift Schedule

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
  Overtime

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
  Scale of Wages

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
  Classifications

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
  Holidays

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
  Vacations

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
  Benefit Plans

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
  Pay
  Days

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
  Funeral Leave

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
  Jury Duty

  	
   

  	
   

  



 





















 


	
  Call-Outs

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
  Leave of Absence

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
  No Discrimination

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
  Union Representatives

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
  Savings Clause

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
  Modification and Scope of Agreement

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
  U.S. Merchant Mariners Document

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
  Safety and Accident Prevention

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
  Bulletin Board

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
  Notices

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
  Signature Page

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
  Letter of Agreement

  	
   

  	
   

  



 





















 


ARTICLE I


 


PARTIES AND TERMS OF AGREEMENT


 


THIS AGREEMENT is made and entered into this
11th day of July, by and between MarkWest Hydrocarbon, Inc., hereinafter
referred to as the Company and Paper, Allied-Industrial, Chemical and Energy
Workers International Union and its Sub-Local 5-372, hereinafter collectively
referred to as the Union.


 


This Agreement shall become effective July 11,
2005, and shall continue in full force and effect until July 10, 2008,
inclusive; and thereafter it shall be considered automatically renewed for
successive periods of twelve months unless, at least ninety (90) days prior to
the end of any twelve-month effective period, either party shall serve notice
upon the other, as prescribed herein, that it desires cancellation, revision or
modification of any provision or provisions of this Agreement.  If either party serves such notice, the
parties shall attempt to reach an agreement with respect to the proposed change
or changes.  At least forty (40) days
prior to the expiration date of the Agreement the parties shall meet to
consider such changes.  In the event the
parties do not reach a written agreement by the expiration date of July 10,
2008, in the particular year, as provided for herein, then this Agreement shall
in all respects be terminated.


 





















 


ARTICLE II


 


PURPOSE


 


Section 1.  The Company is engaged in
producing and furnishing an essential product which vitally affects the health,
safety, comfort and well-being of a large number of the population in several
states, and its very existence is dependent upon faithful carrying out of its
obligations and responsibilities, which responsibilities are recognized by the
parties hereto as being imposed upon the Management and employees of the
Company mutually, and that properly to fulfill the same, requires that any
disputes arising between them be adjusted and settled in an orderly manner
without interruption of the Company=s operations.  The general purpose of this Agreement is to
promote the mutual interests of the Company and its employees and to provide
for the operation of the Company’s business under methods which will further,
to the fullest extent possible, the safety of the employees, economy and
efficiency of operation, elimination of waste, realization of maximum quantity
and quality of output, cleanliness, protection of property, and avoidance of
interruptions to production.  The parties
to the Agreement hereby agree to cooperate fully for the purpose of preventing
and adjusting misunderstandings by establishing rules and wage rates based
on the standard of “a day’s work for a day’s pay.”


 





















 


ARTICLE III


 


RECOGNITION


 


Section 1.  The Company
recognizes the Union as the exclusive bargaining representative with respect to
rates of pay, wages, hours of employment, or other conditions of employment for
all regular production and maintenance employees employed by the Company at its
Siloam facility; excluding all clerical, supervisory, executive,
administrative, professional, temporary employees and all other employees,
excluded by law.  Temporary employees are
hereby defined to mean those employees hired for a specific project or for a
specific length of time.


 


Section 2.  New employees
and those rehired after losing seniority will be classified as a regular
employee following any four (4) month period in which an employee has
worked at least 416 hours of regularly scheduled work exclusive of
overtime.  During this period an employee
will be subject to termination at the Company=s
sole discretion and without recourse to the grievance and arbitration
procedures.


 





















 


ARTICLE IV


 


WORK OF EMPLOYEES


 


Section 1.  Bargaining unit
employees will perform duties and responsibilities normally performed by them
and new or additional work assigned to them by the Company; however, nothing
herein shall be construed as giving the Union exclusive jurisdiction over or an
exclusive right to perform any work.  It
is agreed that this clause shall not limit or be construed to limit the Company’s
right, in its sole discretion, to contract out work to independent contractors
or to transfer work to other persons in the employ of the Company not within
the bargaining unit.  Managers may perform any and all work which
is considered bargaining unit work. 
Managers will not perform bargaining unit work for the sole purpose of
directly causing the layoff of a regular employee.


 





















 


ARTICLE V


 


MANAGEMENT RIGHTS


 


Section 1.  The Company
reserves and retains, solely and exclusively, all of its normal, inherent and
common law rights to manage the business, whether exercised or not, as such
rights existed prior to the time any Union became the bargaining representative
of the production and maintenance employees of the Company, except insofar as
the same are expressly modified in the terms of this Agreement.


 


Section 2.  The Company
specifically has the right to manage the business and direct the working
forces, including, but not limited to, the right to relocate or close any
segments of the business; to establish or continue policies, practices, and
procedures for the conduct of the business and, from time to time, to change or
abolish such policies, practices, or procedures; to determine and, from time to
time, to redetermine the methods, processes, and materials to be employed; to
conduct performance reviews of employees; to establish reasonable work and
quality standards; to determine the number of hours per day or week that
operations shall be carried on; to establish day and night shifts, to set the
hours of work and the number of employees for such shifts, and from time to
time to change the shifts and the hours and employees thereof; to determine the
equipment to be used in the Company’s operations and, from time to time, to
change or to discontinue the use of any equipment; to select and to determine
the number and type of employees required; to assign work to such employees in
accordance with the requirements determined by management; to establish and
change work schedules and assignments; to transfer, promote or demote
employees, or to lay off or otherwise relieve employees from duty for lack of
work or other reasons; to make and enforce reasonable safety rules and rules governing
the conduct of employees within the facility and for the maintenance of discipline;
and to suspend, dismiss, or otherwise discipline employees and otherwise to
take such measures as management may determine to be necessary for the orderly,
efficient, and profitable operation of the facility.


 


Section 3.  The Company=s
not exercising rights reserved to it herein, or its exercising them in a
particular way, shall not be deemed a waiver of said rights or of its right to
exercise them in some other way not in conflict with the express and specific
terms of this Agreement.


 


Section 4.  The Company
shall have the sole and exclusive right at any time to establish, abolish, or
alter the practices or customs of break periods due to operational requirements
and telephone calls by employees.


 


Section 5. The Company shall have the sole and exclusive right as
permitted by law to require of any employee at any time a physical examination
by a physician of its choosing to determine said employee’s physical and mental
ability to perform his job assignment efficiently and safely.


 


Section 6.  The Company
shall have the sole and exclusive right at any time to establish, administer,
and change a drug and alcohol abuse prevention program permitted by law.  The Company will discuss the effects of any
changes in its drug and alcohol abuse program, upon request.  The Company shall have the sole and exclusive
right at any time as permitted by law to test employees for drugs or alcohol
and to discipline employees based on the results of such tests.


 





















 


ARTICLE VI


 


DISCIPLINE AND
DISCHARGE


 


Section 1.  The Union
recognizes and acknowledges that the Company has the duty of maintaining good
discipline among its employees because the Company is responsible for the
efficient operation of its business.


 


Section 2.  The Company
shall have the right to discipline employees for just cause.  The disciplinary action which the Company may
take in correcting employee behavior for just cause shall include but not be
limited to (a) oral and written warnings, (b) suspension from work
without pay (c) demotion, and (d) discharge.


 


Section 3.  The following
shall constitute causes for discharge or other disciplinary action, and their
enumeration here is by way of illustration and shall not be deemed to exclude
or restrict the Company’s right to discharge employees for any other just
cause:


 


(a)                                  Misconduct on Company
property.


 


(b)                                 Violation of Company
rules.


 


(c)                                  Fighting on Company
property or intentionally or recklessly injuring or threatening another
employee or visitor on Company property.


 


(d)                                 Possession of
intoxicants or illegal drugs on Company property.


 


(e)                                  Drinking intoxicants,
using illegal drugs, misusing legal drugs, or using controlled substances on
Company property.


 


(f)                                    Drinking
intoxicants, using illegal drugs, or misusing legal drugs off Company property
and then reporting to or returning to work.


 


(g)                                 Insubordination.


 


(h)                                 Misstatement or
material omission in the employee’s application for employment, without regard
to the employee’s length of service at the time the Company discovers the
misstatement or material omission.


 


(i)                                     Dishonesty.


 


(j)                                     Incompetency or
inefficiency.


 


(k)                                  Neglect of duty.


 


(l)                                     Unexcused
absence and tardiness.


 


(m)                               Sexual harassment.


 





















 


(n)                                 Refusal to submit to
drug or alcohol tests.


 


(o)                                 Endangering personal
safety or the safety of others.


 


(p)                                 Theft or destruction
of Company property.


 


(q)                                 Unsatisfactory work
performance.


 





















 


ARTICLE VII


 


NO STRIKES


 


Section 1.  There shall be
no strikes (including sympathy, unfair labor practice, or wildcat strikes),
sit-downs, slow-downs, work stoppages, boycotts, any acts honoring a picket
line or any other acts that interfere with the Company’s operations or the
production or sale of its products or services during the term of this
Agreement by the Union, its officers, agents and members, or by the employees.


 


Section 2.  The
International Union and the Local Union shall not be held liable for damages
for violation of this Article provided the International Union and the
Local Union have not authorized, sanctioned, advised, or condoned the action,
and provided further the International Union and the Local Union have used
every reasonable means possible to induce participating employees engaged in
the action to promptly resume work, including, but not limited to, ordering
participating employees in writing to promptly return to work.


 


Section 3.  Any and all
employees participating in any activity proscribed herein shall be subject to
disciplinary action, including discharge.


 


Section 4.  The Company and
the Union shall have direct recourse to the National Labor Relations Board or
the courts for a violation of this Article.


 


Section 5.  The Company
shall not engage in any lockout of employees during the term of this Agreement.


 





















 


ARTICLE VIII


 


SENIORITY


 


Section 1.  Seniority is the
length of time, computed in years, months and days, an employee has worked
within the bargaining unit without any break in his service record.  An employee shall not be entitled to any
seniority rights during his probationary period.  If such employee shall be continued in the
employ of the Company after the expiration of the probationary period, his
seniority shall be computed from his last date of hire.  When two or more employees have identical
seniority dates in the bargaining unit, the Company shall designate the rank of
such employees by considering periods of employment with the Company outside
the bargaining unit and recognized by the Company in its judgment.  In all other cases, rank shall be designated
by the flip of a coin.


 


Section 2.  For seniority
purposes, each employee shall be credited, except as otherwise provided, with
all periods of actual service accruing after the commencement day of said
seniority, and in addition thereto, shall be credited with time lost resulting
from (a) jury service or serving as a witness under court subpoena; (b) layoffs
of not more than six months duration; (c) illness or injury of not more
than twelve (12) months duration; and (d) service in the military forces
of the United States not to exceed two (2) years or service upon being
drafted in an essential war industry by the government; provided, however, that
such accrued time shall not continue for a period of more than that required by
law after discharge or release from such service.


 


Section 3.  A regular
employee who is off the payroll due to illness or injury shall continue to
accumulate seniority for one (1) year. 
At the end of the one (1) year period, if the disabled employee is
still unable to return to a job classification over which he could exercise
seniority, he shall for a period of one (1) year, retain but no longer
accumulate seniority.


 


Section 4.  In all cases of
selection of employees for layoffs, recalls, promotion or demotion, the Company
shall consider the following factors: (a) training, (b) ability, (c) efficiency,
(d) physical fitness, (e) skill, (f) attendance record, (g) performance
and (h) seniority.


 


Section 5.   When the
Company determines that a vacancy at the Siloam plant exists, except in the
Utility C classification, a notice of such vacancy shall be posted for a period
of ten (10) calendar days, in order to give an opportunity for any
employee to make application for such posted vacancy.  The date on which the notice is posted shall
be counted as the first (1st) day for such days and the tenth (10th) day shall
end at 4:30 p.m.  Employees desiring
to apply for such posting shall file a written bid with their supervisors.  Provided, however, that although this Article does
not required the posting of a permanent Utility C vacancy, the Company will
give notice of available Utility C vacancies to insure that all employees are
aware of these openings and can make their interest known and are given equal
opportunity for consideration.  Nothing
herein shall abridge or restrict the Company=s
exclusive right to fill any vacancy or new position from outside the bargaining
unit or restrict the Company=s right not to fill any
vacancy.  The Company may require
employees to take written tests or formal examinations such as aptitude tests
in conjunction with other standards to determine relative ability among
applicants for vacancies and new positions. 
The union shall have the right to discuss the effects of any written 


 





















 


test, upon request.  The Company
may temporarily transfer any employee to fill any vacancy or new position.


 


Section 6.  An employee
shall lose his classification as a regular employee under the following
conditions: (a) resignation, (b) discharge for cause, (c) acceptance
of other employment, (d) refusal to accept reemployment within 72 hours
after receipt of notification by the Company that employment is available, and (e) an
employee is absent from the payroll continuously for more than twenty-four (24)
months due to layoff resulting from a reduction in the workforce.  The Company agrees to notify the Union of an
offer of reemployment made by the Company to an employee.  Such notice of reemployment may be given by
letter at the employee=s last known address, by
telephone, or by personal contact.


 


Section 7.  When a layoff
resulting from a reduction in the workforce of the regular personnel is
necessary, the employee whose services are to be discontinued shall be given
five (5) days advance notice thereof, and in the event such notice is not
given, the Company will pay such employee the equivalent of five (5) days=
pay at his regular rate.


 





















 


ARTICLE IX


 


GRIEVANCE PROCEDURE


 


Section 1.  If an employee
or group of employees shall have a grievance to present to the Company, he or
they may seek redress as follows:


 


Step 1. Any employee
may discuss with his immediate supervisor any complaint or other matter which
he feels requires adjustment.  The
employee may be accompanied by his committeeman if he so desires.  If the initial discussions do not resolve the
problem, within five (5) calendar days of the occurrence giving rise to
the dispute, the employee shall reduce his complaint to writing and submit it
to his supervisor for adjustment.  If
such complaint is not satisfactorily settled within seven (7) calendar
days and involves a controversy between the employee or group of employees and
the Company with respect to the interpretation of the provisions of this
Agreement or alleges a violation of the terms of this Agreement, such complaint
shall be considered to constitute a grievance and shall be processed to Step 2.


 


Step 2.  The grievance shall be submitted to the
Company=s
designated representatives for final determination within twenty-one (21)
calendar days of the occurrence giving rise to the dispute. The Company shall
promptly meet with the aggrieved employee, or one member of a group of
aggrieved employees, and two (2) representatives of the Workmen=s
Committee, the Local Union President, and an International Representative of
the Union.  Within seven (7) calendar
days after such meeting, the Company shall communicate its decision in writing
to the Union.


 





















 


ARTICLE X


 


ARBITRATION


 


Section 1.  In the event an
amicable adjustment of a grievance cannot be reached by the grievance procedure
as set out in Article IX of this Agreement, the matter shall be submitted
to Arbitration as provided in Section 2 hereof, after notice is given in
writing within fifteen (15) days after the completion of the grievance
procedure.  Unless notice is given within
fifteen (15) days as set forth above, the grievance shall be considered settled
with prejudice.


 


Section 2.  If any grievance
arising under the terms of this Agreement cannot be adjusted and settled, the
same shall be promptly submitted to Arbitration as follows:


 


(a)                                  The Company and the
Union shall endeavor to select a mutually agreed upon impartial arbitrator
within seven (7) calendar days of receipt of notice of intent to proceed
to arbitration.


 


(b)                                 If the Company and the
Union are unable to agree upon an impartial arbitrator, the Federal Mediation
and Conciliation Service shall be requested to nominate seven (7) potential
arbitrators.


 


(c)                                  From the list of
seven (7) prospective arbitrators, the Union and the Company shall strike
one (1) name until there remains only one (1) name on the list, the
Union striking first.  The person whose
name remains shall become the sole arbitrator of the grievance.


 


Section 3.  Unless otherwise
agreed to, the submission to the arbitrator shall be based upon the original
written grievance submitted in the grievance procedure.


 


Section 4.  The arbitrator=s
authority shall be strictly limited to applying and interpreting the explicit
terms and conditions this Agreement expressly set forth.  He or she shall not have the authority (i)   to substitute his or her discretion or
judgment in matters where this Agreement gives or reserves the Company the
right to take action or to make judgments, in its sole discretion, or to make
reasonable requirements, or (ii) to add to, subtract from or otherwise
amend or modify the terms of this Agreement, by implication or otherwise.


 


Section 5.  The arbitrator=s
award shall be in accordance with applicable law and shall be final and binding
on matters properly adjudicated.


 


Section 6.  The expenses of
the arbitration and any transcript of the hearing shall be divided evenly
between the parties.  Each party shall
pay the expenses of preparation and presentation of its own case.


 


Section 7.  Any grievance
not appealed from one step of the grievance procedure to another within the
time specified for such appeal or not submitted to arbitration in a timely
fashion shall be considered null and void and not subject to further review.


 


Section 8.  The Company
shall not be required to arbitrate grievances filed after the expiration date
of this Agreement.


 





















 


ARTICLE XI


 


HOURS OF WORK


 


Section 1.  Eight (8) hours,
or twelve (12) hours, as the Company shall determine shall constitute a shift’s
work; forty (40) hours, forty-eight (48) hours or thirty-six (36) hours shall
constitute a week’s work.  Nothing herein
shall be construed as a guarantee by the Company of any specified number of
hours of work per day or per week or as a limitation on the hours of work per
day or per week.


 


Section 2.  All operating
employees on shift may eat on Company time. 
Such employees may eat at any time they chose, provided it does not
interfere with the maintenance and operation of the equipment, and provided an
emergency does not exist.  All other
employees shall be entitled to a lunch period of one-half (1/2) hour without
pay after the employee has been on duty for four (4) hours.  Whenever continuous overtime work in excess
of two (2) hours or more beyond an employee=s
regularly scheduled shift is required, and at intervals of four (4) hours
subsequent thereto, the Company shall, for each and every occurrence, furnish
the employee a meal at its own expense and afford the employee an opportunity
of eating same, or pay the employee $11.00 or provide the employee an
additional meal period at the employee=s expense.


 


Section 3.  When an employee
reports for work as scheduled or as requested under other circumstances than
those covered by Article XXII, he shall receive the greater of (a) his
appropriate rate for the hours worked or (b) four (4) hours=
pay at straight time; provided, that such reporting pay shall not be payable if
four (4) hours prior to the time for reporting, the employee is notified
by the Company not to report.


 


Section 4.  The Company
shall have the exclusive right to establish and, from time to time, change the
hours for the commencement of work for shift, for different job
classifications, and for individual employees within each job classification.


 





















 


ARTICLE XII


 


TWELVE HOUR SHIFT SCHEDULE


 


Section 1.  The parties
agree that the provisions of the collective bargaining agreement are to be interpreted to the extent necessary to further and enhance the efficient
operation of the twelve (12) hour shifts. 
The twelve (12) hour schedule policies and procedures are designed
to maintain employees= gross compensation on the
twelve (12) hour schedule as near as possible to that of the eight (8) hour
schedule.  The Company retains the right to discontinue the twelve (12) hour schedule at
any time upon 30 days notice.  The
Company will make reasonable efforts to resolve any problems arising from the
twelve (12) hour schedule.


 


Section 2.  Workweek.  The workweek for all designated operating and
maintenance employees will commence 7:00 a.m. Monday morning and end at
7:00 a.m. the following Monday.


 


For pay purposes, all holidays will begin at 7:01 a.m. and
conclude at 7:00 a.m. the next day.


 


The average workweek for shift workers will be forty-two (42) hours per
week over a four week period.  In the 4
week period, each shift will work two 48 hour weeks and two 36 hour weeks.


 


There will be two shifts.  This
only applies to operating shift workers or others designated by management.


 


	
  Night Shift

  	
   

  	
  7:00 p.m. to 7:00 a.m.

  
	
  Day Shift

  	
   

  	
  7:00 a.m. to 7:00 p.m.

  



 


Under the 8 hours system, shift workers receive 160 regular hours pay
for every four weeks plus 8 hours pay of scheduled overtime.  Under the 12 hour system, shift workers
receive 152 regular hours pay for every four weeks plus 16 hours of scheduled
overtime.  If the hourly rate is left the
same, the Company would be paying an extra 8 hours of overtime every four weeks
that is not being paid under the 8 hour system. 
The Company and the Union agree that in order to have the pay stay the
same, the hourly rate needs to be adjusted down so that the 152 regular hours
plus the 8 overtime hours equals the same pay as the 160 regular hours.


 


An example of the calculation for the adjusted hourly rate for a shift
worker making $18.13/hour over a four week period is as follows:


 


Eight Hour System:


 


	
  Regular Pay:

  	
   

  	
  $18.13 x 160 hours

  	
   

  	
  =

  	
   

  	
  $

  	
  2,900.80

  	
   

  
	
  Overtime
  Pay:

  	
   

  	
  $18.13 x 1.5 x 8

  	
   

  	
  =

  	
   

  	
  217.56

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  Total Pay

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  $

  	
  3,118.36

  	
   

  



 





















 


Twelve Hour System:


 


	
  Adjusted Hourly Rate: 152 regular hours
  plus 12 (8 hours at 1.5) = 164 $2,900.80 divided by 164 = $17.6878

  
	
   

  
	
  Regular Pay:

  	
   

  	
  $17.6878 x 152 hours

  	
   

  	
  =

  	
   

  	
  $

  	
  2,688.55

  	
   

  
	
  Scheduled
  OT:

  	
   

  	
  $17.6878 x 1.5 x 8

  	
   

  	
  =

  	
   

  	
  212.25

  	
   

  
	
  Subtotal

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  $

  	
  2,900.80

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  Overtime:

  	
   

  	
  18.13 x 1.5 x 8

  	
   

  	
  =

  	
   

  	
  $

  	
  217.56

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  Total Pay:

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  $

  	
  3,118.36

  	
   

  



 


The adjusted hourly rate calculation will be used for the shift workers
on the 12 hour schedule only.  Any
changes to a shift worker=s hourly rate per the current
contract will be adjusted for the 12 hour schedule.  If the plant goes back to an 8 hour schedule,
the hourly rate for shift workers will go back to the hourly rate per the
current contract.


 


The purpose of this adjusted hourly rate is to comply with the Federal
Wage and Hour Laws.


 


Section 3.  Attendance.  Any illness absence will be governed by the
same procedure in effect for the eight (8) hour schedule.  Notification of illness is required as soon
as possible.


 


Section 4.  Allowed
Absences.  Due to the potential
scheduling problems and the availability of relief personnel, personal business
which can normally be scheduled in advance, such as dental appointments, doctor
appointments, etc., should be scheduled on employee=s
days off.  Except for emergencies,
personal business leave will not be granted.


 


PAY PRACTICES


 


Section 5.  Shift
Differential Calculation.  On the
twelve (12) hour shift schedule, shift differential will be paid only on the
night shift (7:00 p.m. to 7:00 a.m.) at $1.66 per hour.


 


Example:


 


7:00 p.m. to 7:00 a.m. received 12
hrs. x $1.66/hr.                                      =
$19.92.


 


Shift differential pay is not applicable to employees on jury duty,
funeral leave, vacation pay, sick or occupational disability leave or other
excused absences with pay.


 


Section 6.  Vacation.  Vacation pay will be figured on a daily
basis.  When taking a twelve (12) hour
day of vacation, this will be charged as 1.5 days of vacation.  Vacation pay will be figured at the twelve
(12) hour shift schedule adjusted hourly rate.  All vacations must be scheduled starting with
a work increment.  A work increment is
considered to be three (3) or four (4) continuously scheduled
workdays.  Remaining hours of vacation
must be scheduled so as to avoid the unnecessary payment of overtime.  Any vacation less than 12 hours will be taken
as day shift beginning at 7:00 a.m.


 





















 


Section 7.  Holiday Pay.  Holidays worked will be paid as follows:


 


Example:


 


($27.20/hour x 12 hrs., if worked) +
($18.13/hour x 8 hrs.) = $471.44


 


Section 8.  Overtime.  On the twelve (12) hour shift schedule, there
will be two types of overtime - regularly scheduled overtime and regular
overtime.


 


Regularly Scheduled Overtime
(1.5 times adjusted hourly rate)


 


Regularly scheduled overtime is paid for the
last 8 hours in a 48 hour work week that
does not include the Sunday night shift.


 


Regular Overtime
(1.5 x regular rate of pay)


 


For the workweek where 36 hours is scheduled,
regular overtime is paid after the employee works his/her regular 36 hours.


 


Regular overtime is paid after the regularly
scheduled overtime has been paid for the week where 48 hours is worked.


 


Regular
overtime will be paid for the last 8 hours of the Sunday night shift worked in
a 4 week period.


 


Section 9. Pay for Allowed Time.  Allowed pay for time for the following will
be based on twelve (12) hours per day:


 


Vacation


Sick Day


Funeral Leave


Jury Duty


Other excused absences with pay


 


Section 10.  Funeral
Leave.  Under the current eight (8) hour
system the employee is allowed the necessary time off to attend the funeral up
to three (3) scheduled workdays at his/her regular straight-time
rate.  (8 hrs. x 3 days = 24 hours) Under
the twelve (12) hour system the employee will be allowed the necessary time off
to attend the funeral up to two (2) scheduled workdays.  (12 hrs. x 2 days = 24 hours)  Additional time off without pay maybe allowed
with supervisor=s approval.


 


Section 11. Short Term Disability.  Short term disability will be paid for up to
1,040 scheduled hours (after 1 day waiting period), at 75% of regular hourly
rate.  Regular hours missed, which falls
in the waiting period, will be docked based on the adjusted hourly rate times
the number of hours missed.


 


Section 12.  Voting on
Election Days.  All twelve (12) hour
shift employees working during the election days will be able to vote because
voting hours are not in conflict with working hours.


 





















 


Depending on which shift an employee is assigned, he/she can vote in
the morning or the afternoon on election day.


 





















 


ARTICLE XIII


 


OVERTIME


 


Section 1.  An employee who
has worked eight (8) hours in a
workday or forty (40) hours in any workweek shall be paid time and
one-half his regular straight-time rate for work actually performed in excess
of eight (8) hours or forty
(40) hours.  Employees working a twelve
(12) hour shift schedule shall be paid overtime in accordance with the
provisions of Article XII.


 


Section 2.  Overtime shall
be worked when deemed necessary by the Company, and the Company shall have the
right to select for overtime work those employees felt competent by the Company
to do the work.  No overtime shall be
worked by any employee unless it is authorized by the Company.


 


Section 3.  Overtime shall
be apportioned as reasonably practicable among qualified employees.  Consideration will be given to the available
employee in the classification that normally performs the work.  A record of overtime hours worked by each
employee will be maintained by the Company. 
If an employee is excused from an overtime assignment which he has been
requested to perform, his overtime record shall be charged with the same number
of hours as that of the employee who actually performed the overtime worked.  The proper remedy for a violation of this Section 3
is to offer make-up overtime to an employee. 
If the employee rejects the offered overtime, the dispute will be
considered settled.


 


Section 4.  A shift cutting
across two calendar days shall be treated as worked on the day on which the
shift begins.


 


Section 5.  Overtime shall
be paid only for actual time worked.


 


Section 6.  There shall be
no pyramiding or duplication of overtime pay, and it is agreed and understood
that no employee shall be paid overtime pay more than once for the same hours
worked.


 


Section 7.  Each employee
shall be given at least three (3) days prior notice of any change in his
regular day off or any change in his scheduled shift.  Upon failure of the Company to give such
notice, such employee shall receive premium pay at the rate of (1-1/2) time and
one-half his regular rate for the first eight (8) hours worked on his
first previously scheduled day off, or on his changed shift, provided, that an
employee shall not receive any premium pay under this Section when such
employee’s own schedule is changed –


 


(a)                                  at his request;


 


(b)                                 as a result of his
filling a job under the posting procedure;


 


(c)                                  as a result of his
placement because of his physical disability; or


 


(d)                                 as a result of barge
loading.


 





















 


Section 8.  Any employee who
works a double shift at the request of the Company shall receive premium pay at
the rate of time and one-half his regular rate for the second shift, provided
that any such premium pay shall be credited against any daily or weekly
overtime which may have accrued.


 


Section 9.  All work
performed on Sunday by other than scheduled shift workers shall be paid for at
the rate of double time the employee’s regular rate; provided, however, that
such premium payments for Sunday work shall be credited against any weekly
overtime which may accrue.


 


Section 10.  Whenever an
employee is required to work more than sixteen (16) consecutive hours, he shall
be paid for all consecutive hours worked in excess of sixteen (16) at two (2) times
his straight time rate until released from duty by the Company; provided,
however, that any such premium pay shall be credited against any daily or
weekly overtime which may have accrued.


 


Section 11.  Whenever an
employee has worked continuously in excess of sixteen (16) hours and has been
released from duty by the Company, he shall be entitled to an eight (8) hour
rest period before he returns to work. 
If the rest period extends into the employee’s regular scheduled shift,
he shall be excused with pay at his straight time rate for the part of his
regular scheduled shift necessary to make up the eight (8) hours rest
period.  In the event that an employee is
required by the Company to work during such rest period, he shall receive
straight time pay for the hours worked in addition to his rest period pay.


 


Section 12.  Paid vacation
time, jury duty and military leave shall be considered as time worked for the
purpose of computing overtime eligibility provided that these absence hours
coincide with the employee’s scheduled work hours.


 


Section 13.  Although Section 9
of this Article does not require the payment of the Sunday Premium (double
time) to shift workers, the Parties agree that the Sunday Premium is applicable
to shift workers under the following:


 


1.                                       Double
time will be paid to nonscheduled shift workers who are called out to work on
Sunday.  In addition to the Sunday
Premium, the employees also receive the applicable shift differential.


 


2.                                       A
shift worker required to work a double shift on Sunday will be paid (A) his
regular rate and the applicable shift differential while working his regularly
scheduled shift, and (B) will be paid double time plus the applicable
shift differential while working on the second shift on Sunday.  (B) modifies Section 8 of this Article only
to the extent of the rate of pay to be paid on a double shift on Sunday.


 


3.                                       A
shift worker scheduled to work on Sunday will receive his regular rate of pay
and the applicable shift differential.


 


To further clarify the interpretation of the above, if any employee’s
scheduled shift or his regular day off is changed anytime prior to a Sunday,
then Section 7 of this Article is applicable and not Section 9,
since the employee would have received prior notice and have been scheduled to
work on that Sunday.  If an employee’s
scheduled shift or his regular day off is changed on a Sunday, then the
employee would receive the appropriate compensation from either Section 9,
or from


 





















 


Section 7 of this Article, whichever is the higher, but not
both.  Any other condition or
qualification contained in Sections 7 and 9 must also be considered in
determining the appropriate rate of compensation.


 





















 


ARTICLE XIV


 


SCALE OF WAGES


 


Section 1.  On the effective
date of this Agreement, or on the date this Agreement is ratified and signed by
the parties, whichever date is later, the Company agrees to pay not less than
the following minimum wage rates:


 


A.                                   Effective Date of
Contract


 


HOURLY RATE OF PAY


 


	
  Job Title

  	
   

  	
  Minimum

  	
   

  	
  9 Month

  	
   

  	
  18 Month

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  Utility C

  	
   

  	
  $

  	
  13.78

  	
   

  	
  $

  	
  13.99

  	
   

  	
  $

  	
  14.62

  	
   

  
	
  Utility B

  	
   

  	
  16.32

  	
   

  	
  16.53

  	
   

  	
  17.34

  	
   

  
	
  Utility A

  	
   

  	
  21.17

  	
   

  	
  21.36

  	
   

  	
  22.19

  	
   

  
	
  EIC Assist.

  	
   

  	
  21.17

  	
   

  	
  21.36

  	
   

  	
  22.19

  	
   

  
	
  Maintenance B

  	
   

  	
  22.15

  	
   

  	
  22.34

  	
   

  	
  23.19

  	
   

  
	
  Maintenance A

  	
   

  	
  24.05

  	
   

  	
  24.37

  	
   

  	
  25.45

  	
   

  
	
  EIC
  Technician

  	
   

  	
  24.05

  	
   

  	
  24.37

  	
   

  	
  25.45

  	
   

  
	
  Operator A

  	
   

  	
  24.05

  	
   

  	
  24.37

  	
   

  	
  25.45

  	
   

  
	
  EIC/P
  Technician

  	
   

  	
  25.58

  	
   

  	
  26.58

  	
   

  	
  28.28

  	
   

  
											



 


B.                                     First Anniversary
Date of Contract


 


HOURLY RATE OF PAY


 


	
  Job Title

  	
   

  	
  Minimum

  	
   

  	
  9 Month

  	
   

  	
  18 Month

  	
   

  
	
  Utility C

  	
   

  	
  $

  	
  13.78

  	
   

  	
  $

  	
  13.99

  	
   

  	
  $

  	
  15.06

  	
   

  
	
  Utility B

  	
   

  	
  16.32

  	
   

  	
  16.53

  	
   

  	
  17.86

  	
   

  
	
  Utility A

  	
   

  	
  21.17

  	
   

  	
  21.36

  	
   

  	
  22.86

  	
   

  
	
  EIC Assist.

  	
   

  	
  21.17

  	
   

  	
  21.36

  	
   

  	
  22.86

  	
   

  
	
  Maintenance B

  	
   

  	
  22.15

  	
   

  	
  22.34

  	
   

  	
  23.89

  	
   

  
	
  Maintenance A

  	
   

  	
  24.05

  	
   

  	
  24.37

  	
   

  	
  26.21

  	
   

  
	
  EIC
  Technician

  	
   

  	
  24.05

  	
   

  	
  24.37

  	
   

  	
  26.21

  	
   

  
	
  Operator A

  	
   

  	
  24.05

  	
   

  	
  24.37

  	
   

  	
  26.21

  	
   

  
	
  EIC/P
  Technician

  	
   

  	
  25.58

  	
   

  	
  26.58

  	
   

  	
  29.13

  	
   

  
											



 





















 


B.                                     Second Anniversary
Date of Contract


 


HOURLY RATE OF PAY


 


	
  Job Title

  	
   

  	
  Minimum

  	
   

  	
  9 Month

  	
   

  	
  18 Month

  	
   

  
	
  Utility C

  	
   

  	
  $

  	
  13.78

  	
   

  	
  $

  	
  13.99

  	
   

  	
  $

  	
  15.47

  	
   

  
	
  Utility B

  	
   

  	
  16.32

  	
   

  	
  16.53

  	
   

  	
  18.34

  	
   

  
	
  Utility A

  	
   

  	
  21.17

  	
   

  	
  21.36

  	
   

  	
  23.48

  	
   

  
	
  EIC Assist.

  	
   

  	
  21.17

  	
   

  	
  21.36

  	
   

  	
  23.48

  	
   

  
	
  Maintenance B

  	
   

  	
  22.15

  	
   

  	
  22.34

  	
   

  	
  24.54

  	
   

  
	
  Maintenance A

  	
   

  	
  24.05

  	
   

  	
  24.37

  	
   

  	
  26.92

  	
   

  
	
  EIC
  Technician

  	
   

  	
  24.05

  	
   

  	
  24.37

  	
   

  	
  26.92

  	
   

  
	
  Operator A

  	
   

  	
  24.05

  	
   

  	
  24.37

  	
   

  	
  26.92

  	
   

  
	
  EIC/P
  Technician

  	
   

  	
  25.58

  	
   

  	
  26.58

  	
   

  	
  29.92

  	
   

  
											



 


Section 2.  Those employees
who meet the qualifications established by the Company and who have twenty-four
(24) months of service in the Utility C classification will be upgraded to the
beginning rate of the Utility B classification.


 


Section 3.  Notwithstanding
the provisions of Article VIII, those employees who meet or exceed the
qualifications established by the Company, and who have demonstrated those
qualifications, and who have twenty-four (24) months of service at the maximum
rate of pay in the Utility B classification will be upgraded to the beginning
rate of the Utility A classification.


 


Section 4.  It is understood
that the Company may hire part-time employees. 
The Company shall not be required to employ such part-time employees for
any minimum number of hours per day or days per week.  Such part-time employees shall be compensated
at a rate to be determined by the Company, provided that at no time shall such
rate be less than the minimum wage established by law.  Part-time employees shall not be entitled to
any benefits provided in this Agreement.


 


Section 5.  The Company may,
in its sole discretion, increase an individual employee’s regular wage rate
above the rates set forth above.


 





















 


ARTICLE XV


 


CLASSIFICATIONS


 


Section 1.  An employee entering a
classification shall receive the rate of pay shown in Article XIV, except
as provided in the following Sections of this Article.


 


Section 2.  An employee
required to work temporarily in a lower job classification shall receive his
achieved classified rate set forth in Article XIV.


 


Section 3.  An employee
required to work temporarily in a higher job classification shall receive the
minimum rate for that classification as set forth in Article XIV.


 


Section 4.  An employee
permanently reclassified to, or required to work temporarily in another job
classification which has the same rate of pay, shall retain his achieved
classified rate as set forth in Article XIV.


 


Section 5.  An employee is
considered to be promoted when he is permanently reclassified to a job in a
higher job classification.  At the same
time, his rate shall be increased to the minimum rate set forth in Article XIV,
and in due course to the nine month rate and after an additional nine (9) months,
to the maximum rate.


 


Section 6.  An employee is
considered to be demoted when he is permanently reclassified to a job with a
lower job classification.  At the same
time, his wage shall be reduced to the maximum rate set forth in this Article XIV
for such lower job.


 





















 


ARTICLE XVI


 


HOLIDAYS


 


Section 1.  The following
will constitute paid holidays: New Year=s
Day, Washington=s
Birthday (third Monday in February), Good Friday, Memorial Day, Independence
Day, Labor Day, Thanksgiving Day, the Day after Thanksgiving, and Christmas
Day.


 


Section 2.  If any of the
above holidays falls on a Sunday, the following Monday shall be observed as the
holiday, except when such Sunday falls on a regularly scheduled work day of an
employee.  If any of the above holidays
fall on Saturday, the preceding Friday shall be observed as the holiday, except
when such Saturday falls on a regularly scheduled work day of an employee.


 


Section 3.  A regular
employee not working on any of the above holidays shall receive eight (8) hours
at their regular rate.  If any observed
holiday falls on an employee=s
regularly scheduled work day, such holiday shall be considered as time worked
for the purpose of computing overtime.


 


Section 4.  Regular
employees required to work on a holiday shall receive eight (8) hours pay
at straight time for the holiday and time and one-half (1-1/2) the employee=s
regular rate of pay for the actual hours worked on the holiday.


 





















 


ARTICLE XVII


 


VACATIONS


 


Section 1.   Regular employees who have
completed less than five (5) continuous years of service will earn one (1) day
vacation for each full month of completed service in a calendar year.  Regular employees who have completed five (5) continuous
years of service will earn one and one-half (1-1/2) days vacation for each
full month of completed service in a calendar year.  Regular employees who have completed ten (10) continuous
years of service with MarkWest will earn twenty (20) days vacation (13.33 hours
vacation for each full month of completed service) in a calendar year.  Regular employees working twelve (12) hour
shifts will receive vacation as provided in Article XII.


 


Section 2.  The vacation
period will extend from January 1 through December 31 of each
year.  The Company will post the vacation
schedule by January 15 of each year. 
Employees must choose their vacation by March 15 of each year or be
ineligible for priority scheduling based on seniority.  Vacation selection after March 15 will
be on a first come, first serve basis. 
The Company must approve any changes in an employee=s
scheduled vacation period.  Any employee
desiring his vacation between January 1 and April 1 must make
arrangements with his supervisor.


 


Section 3.  The Company
reserves the exclusive right to allocate and schedule the vacation periods
and to generally administer the vacation plan to assure the orderly and
efficient operation of the plant. 
Selection of the vacation periods shall be based on the employee=s
seniority within his job classification. 
An employee must be classified as a regular employee and be actively
employed at the time the vacation is scheduled to commence to be eligible for a
vacation.


 


Section 4.  Vacation will
commence upon the first normal workday or shift from which the employee is
absent on account of vacation, and will run consecutively for the vacation
period to which he is entitled.


 


Section 5.  An employee will
be entitled to receive an additional day of vacation for a holiday observance
by the Company which occurs within his scheduled vacation period, if such
holiday occurs within his regularly scheduled workweek.


 


Section 6.  Regular
employees with less than five (5) continuous years of service may take up
to two (2) days vacation in one (1) day increments and the balance of
his annual vacation earnings may be split into not more than two parts.  Regular employees who have completed five (5) continuous
years of service may take up to three (3) days vacation in one (1) day
increments and the balance of his annual vacation earnings may be split into
not more than three parts.  Requests for
single day vacations must be made ten (10) days in advance and will be
granted unless operational requirements dictate otherwise.  Nothing herein shall prohibit the Company
from granting requests for single day vacations on less than ten days notice,
in its sole and exclusive judgment.


 


Section 7.  An employee will
not be compensated for vacation time not taken in the calendar year, except
when specifically requested by the Company to forego vacation time, or when
specifically requested by the employee in writing by November 1 of each
calendar year to carry


 





















 


forward a maximum of five (5) consecutive days (a maximum of 40
hours).  Regular employees may also
receive pay in lieu of vacation if requested by November 15 of each
calendar year.


 


Section 8.  Regular
employees who retire, become deceased, enter and leave military service,
resign, are discharged or laid off shall receive payment for any vacation time
accrued but not used.


 





















 


ARTICLE XVIII


 


BENEFIT PLANS


 


Section 1.  It is agreed
that in the event the Company, in its sole and exclusive discretion, amends,
modifies or discontinues its health insurance, life insurance, long term
disability plan, short-term disability plan, prescription plan, flexible
accounts plan and/or 401(k) Savings Plan which are presently in effect, or
changes the benefits and carriers of such plans, then the Company shall inform
the union to discuss the effects of any such amendment, modification or
discontinuance, upon request.


 


Section 2.  Health Insurance.  Notwithstanding anything to the contrary in Section 1
of this Article, premium costs for premiums required for health insurance plans
will be shared for the term of this Agreement as follows:


 




	
  Company

  	
   

  	
   

  	
  Employee

  	
   

  
	
  80

  	
  %

  	
   

  	
  20

  	
  %

  






 


Section 3.  Short-Term Disability.  The benefits for disabilities, when the
employee is unable to work, and being attended by a physician, caused by an
on-the-job injury are eighty-five percent (85%) of base pay (less any amounts
received as workers compensation benefits) from the first day of
disability.  For all other disabilities,
there is a one (1) day waiting period, then benefits are seventy-five
percent (75%) of base pay and are provided when the employee is disabled,
unable to work, and being attended by a physician.  Benefits are provided and pertain to any one
accident or illness for up to twenty-six (26) weeks.  Short term disability will be paid from the
first day of absence if the employee is hospitalized.


 


Section 4.  Long-Term Disability.  After a waiting period of six (6) months,
qualified employees will be entitled to monthly pay of sixty percent (60%) of
basic monthly earnings.


 


Section 5.  401(k)
Savings Plan.  On the effective date
of this Agreement, the Company’s contribution under the 401(k) Plan is one
dollar ($1.00) for each one dollar ($1.00) contributed to the Plan by the
employee, up to six percent (6%) of the employee’s base salary.


 


Section 6.  Prescription
Co-Pay and flexible Spending Accounts. 
The Company’s prescription plan covers prescription drugs and medication
with the employee being responsible for co-payment.  Eligibility and benefits are provided in the
plan description.  The Company also makes
available a Flexible Spending Plan.  This
plan is subject to the rules of the Internal Revenue Service (IRS), as
well as the provisions of the plan descriptions.


 





















 


ARTICLE XIX


 


PAY DAYS


 


Section 1.  The Company
shall pay its employees in accordance with its normal payroll procedures
including direct deposit.  The Company
reserves the right at any time to change the pay period and payroll procedures
and will discuss the effects of any such changes with the union, upon
request.  Pay days will not be monthly or
beyond monthly.


 





















 


ARTICLE XX


 


FUNERAL LEAVE


 


Section 1.  Funeral leave up
to three (3) days will be allowed for the death in the immediate family to
be defined as:  spouse, child, mother and
father, mother and father of current spouse, brother and sister, brother and
sister of current spouse, and grandparents of employee and current spouse.


 





















 


ARTICLE XXI


 


JURY DUTY


 


Section 1. The Company assists regular employees in meeting their
civic responsibilities by providing compensation to those who render jury
service.  Employees who receive notice of
jury service must immediately notify their supervisor of the date and time they
must appear for jury service.  This
notification is required on a day-to-day basis while performing jury service.


 


Section 2.  An employee
shall receive the amount he would have received for his regularly scheduled
shift at his straight-time rate, provided that the jury service is performed on
a scheduled work day.  Certification of
jury service must be provided the Company for an employee to be eligible for
jury service pay.


 


Section 3.  An employee
excused from jury service must contact his supervisor promptly to determine if
he will be required to report for work for the remainder of his shift.


 


Section 4.  If appearance
for jury service is required three hours or more after the beginning of a
shift, or if an employee has been instructed to call the court at a specific
time for further instructions as to appearance time, the employee should report
to work at the beginning of his shift. 
An employee must report to work for his regularly scheduled shift if not
required to be at court during his shift.


 





















 


ARTICLE XXII


 


CALL-OUTS


 


Section 1.  When an off-duty
employee is called out to work outside of his regular hours, he shall receive: (a) overtime
pay at time and one-half for the hours actually worked on the call-out, plus (b) a
call-out allowance at the straight time rate for the difference between the
hours actually worked and four (4) hours. 
If the call-out involves four (4) or more hours of work, the
call-out allowance shall not be payable, inasmuch as all hours are at the
overtime rate; provided that for the purpose of determining call-out pay, the
period of any call-out shall not extend past the commencement of the affected
employee=s next regular work period.


 


Section 2.  This Article shall
not apply to safety meetings held during an employee=s
nonscheduled work hours.


 





















 


ARTICLE XXIII


 


LEAVE OF ABSENCE


 


Section 1.  A leave of
absence without pay requested by an employee for personal reasons may be
granted by the Company in its sole and exclusive judgment, and no such leave of
absence granted in one case shall constitute a precedent binding upon the
Company in any other case.


 


Section 2.  Applications for
leave of absence without pay shall be in writing and shall set forth the specific
reason for and the exact length of the leave requested.


 


Section 3.  Before the
expiration of any leave of absence in excess of thirty days or an extension
thereof, the employee shall apply for reinstatement, and if he is physically
qualified to perform his former duties, shall be reinstated.  The Company may require, as a condition
precedent to reinstatement, a physical examination, as provided for in Article V.


 


Section 4.  If such employee
does not apply for reinstatement before expiration of the period of the leave
of absence, or if he accepts other employment during such leave of absence,
without the written consent of the Company, or if he is physically unqualified
to perform his accustomed work, his employment with the Company will cease and
terminate.


 


Section 5.  Upon
reinstatement of the employee at the expiration of the leave of absence, he
shall resume his employment in the job classification which he left with the
Company and shall receive his seniority and other benefits to which he was entitled
at the time his leave commenced.


 





















 


ARTICLE XXIV


 


NO DISCRIMINATION


 


Section 1.  There shall be
no discrimination, restraint, or coercion by either the Company or its
representatives or the Union or its representatives against any employee
because of his membership or nonmembership in the Union, or because of his
participation or refusal to participate in Union membership or activities.  There shall be no intimidation or coercion of
employees into joining the Union or continuing their membership therein, nor
shall there be any interference with the right of employees to become or
continue as members of the Union.


 


Section 2.  The Company and
the Union will comply with applicable laws regarding discrimination against any
employee because of such individual=s
race, religion, color, national origin, age, sex, disability or Veteran status.


 


Section 3.  Notwithstanding
any other provision of this Agreement, the Company shall in its sole and
exclusive discretion determine and from time to time redetermine what policies,
practices, procedures and accommodations are necessary to ensure compliance
with applicable laws including but not limited to the Americans With
Disabilities Act of 1990.  No grievance
shall be arbitrable and no right of action shall accrue to the Union or
employee over the Company’s actions under this Section.  The Company will not change the express terms
of this Agreement in complying with the Americans With Disabilities Act of
1990.  The Company agrees to discuss the
effects of any accommodation for an employee.


 


Section 4.  The Company and
the Union agree that the masculine, feminine, and neuter import one another in
this Agreement.


 





















 


ARTICLE XXV


 


UNION REPRESENTATIVES


 


Section 1.  The Union will
not hold and/or conduct any elections and/or meetings of any kind whatsoever on
Company time and/or property.


 


Section 2.  Grievances shall
not be processed on Company time without the consent or request of an official
of the Company, and no union steward shall leave his job to process a grievance
or to administer this Agreement without first obtaining the permission of his
supervisor; nor shall any employee engage in Union activities, including the
collection of dues or the solicitation of memberships, during his working time.


 


Section 3.  Accredited
representatives of the Union may visit the plant for the purpose of
investigating pending grievances and for the purpose of discussing them with
management as provided in Article IX hereof.  Union representatives shall not interfere in
any way with the progress of the work upon such visits.  Union representatives desiring to visit must
first obtain the permission of the Company, which shall have the right to make
reasonable regulations concerning the time of such visits and the areas of the
plant in which such representatives may go.


 





















 


ARTICLE XXVI


 


SAVINGS CLAUSE


 


Section 1.  If any provision
of this Agreement should be held or adjudged illegal or in violation of any
present or future law by a competent tribunal, such adjudication shall not
invalidate any other portion or provision of the Agreement nor relieve either
party thereto from their liabilities and obligations under this Agreement, but
the same shall continue in full force and effect.  In the event that any part of this Agreement
is held illegal as above mentioned, the parties agree to promptly meet in order
to agree upon a proper and legal substitute therefore.


 





















 


ARTICLE XXVII


 


MODIFICATION AND SCOPE OF AGREEMENT


 


Section 1.  No agreement,
alteration, understanding, variation, waiver or modification of any of the
terms and conditions expressly contained herein shall be made by an employee or
group of employees with the Company and in no case shall it be binding upon the
parties hereto unless made and executed in writing between the parties to this
Agreement.


 


Section 2. This Agreement constitutes the entire Agreement between
the parties, and the Company shall not be bound by any past practice,
stipulation, or understanding, or by any memoranda or bulletins, or by any
requirement whatsoever which is not specifically stated in this Agreement; and
no such past practice, stipulation, understanding, memorandum, bulletin, or
other requirements shall be construed as in any way modifying, altering or
amending the terms or conditions hereof.


 


Section 3.  Each of the
parties hereto does hereby waive any right to require the other to bargain
concerning any modification or amendment of or supplement to this Agreement or
concerning any matter or thing that might have been covered hereby, but was
not, at any time during the term of this Agreement or any extension thereof.


 





















 


ARTICLE XXVIII


 


U.S. MERCHANT
MARINERS DOCUMENT


 


Section 1.  An employee who
holds a valid U.S. Merchant Mariners Document (Document) and is assigned to
load a river barge, will be paid at the maximum hourly rate of the Operator A
Classification when performing such duties. 
In the event two or more employees holding a valid document are assigned
to load a river barge, only one such employee shall be paid this special rate
as designated by the Company.  This rate
will not be applicable during training and/or testing periods.


 





















 


ARTICLE XXVIX


 


SAFETY AND ACCIDENT PREVENTION


 


Section 1.  The Company will
provide safe working conditions in accordance with applicable law.  No employee shall be required to perform any
work unless reasonably proper safeguards are maintained.


 


Section 2.  Employees must
follow all safety policies and use necessary safety devices while operating any
Company equipment.


 


Section 3.  Employees are
responsible for reporting safety hazards to their supervisors.  All accidents, no matter how minor, must be
reported to the Company immediately and no later than the end of an employee=s
shift.


 


Section 4.  An inspection of
any equipment may be secured at reasonable times upon the recommendation of any
employee working on or near such equipment.


 


Section 5.  A Safety
Committee (two (2) members selected by the Union and a management
representative(s)) may monthly inspect the plant facility and recommend to the
Company safety items requiring reasonable and proper attention.  Such safety inspections shall not cause the
Company to incur any overtime or additional costs in employee time.  The Local Workmens=
Committee may meet with the Company for the purpose of discussing the elimination
of hazards in order to prevent accidents.


 


Section 6.  The Company
agrees to pay up to $100.00 per
year toward the purchase of steel toed safety shoes acceptable to the Company
for each employee.  An employee paid said
stipend will be required to wear the steel toed safety shoes during working
time.  The employee will be required to
present a receipt before said stipend is paid.


 





















 


ARTICLE XXX


 


BULLETIN BOARD


 


Section 1.  The Company will
cause a bulletin board of at least 2 feet by 2 feet to be placed on its
property where it may been seen by employees entering and leaving their place
of employment.  Such board shall be used
exclusively by the Union, such use to be confined exclusively to posting on
said board notices pertaining to dues, meetings, and other usual, regular and
bona fide activities of the Union, it being the intention hereof that the Union
will not use said board for the direct solicitation of membership in the Union.


 





















 


ARTICLE XXXI


 


NOTICES


 


Section 1.  All notices in connection with
the operation of this Agreement shall be mailed to:


 


Ron Smith


Area Manager


MarkWest
Hydrocarbon, Inc.


P. O. Box 575


South Shore, KY 41175


 


Secretary-Treasurer, Paper,
Allied-Industrial, Chemical and


Energy Workers International Union, Sub-Local
5-372


P.A.C.E. 5-0372


P. O. Box 330


Prestonsbourg, KY 41653


 





















 


IN WITNESS WHEREOF, the parties hereto have
caused this Agreement to be executed by their proper officers, thereunto duly
authorized.


 


 


	
  MarkWest
  Hydrocarbon, Inc.

  	
   

  
	
   

  	
   

  
	
   

  	
   

  
	
  /s/ Ron
  Smith

  	
   

  	
  /s/ Frank
  Semple   8-12-05

  
	
   

  	
   

  
	
   

  	
   

  
	
   

  	
   

  	
   

  
	
   

  	
   

  
	
   

  	
   

  
	
  7-15-05

  	
   

  	
   

  
	
   

  	
   

  
	
  Date

  	
   

  
	
   

  	
   

  
	
   

  	
   

  
	
  Paper, Allied-Industrial, Chemical and
  Energy

  	
   

  
	
  Workers International Union, Sub-Local 5-372

  	
   

  
	
  P.A.C.E. 5-0372

  	
   

  
	
   

  	
   

  
	
   

  	
   

  
	
   

  	
  /s/ Fred A. Nunley

  	
   

  	
  /s/ Michael
  Chapman

  
	
   

  	
   

  
	
   

  	
   

  
	
   /s/ Terry G. Moore

  	
   

  	
  /s/ John D. Knauff

  
	
   

  	
   

  
	
   

  	
   

  
	
  07-11-05

  	
   

  	
   

  
	
  Date