BETWEEN
SHELL CHEMICAL L.P.
MOBILE SITE
AND
PAPER, ALLIED-INDUSTRIAL, CHEMICAL AND ENERGY WORKERS
INTERNATIONAL UNION LOCAL 3-0265
This agreement by and between Shell Chemical L.P. Mobile Site, hereinafter referred to as �Company� and the Paper, Allied-Industrial, Chemical and Energy Workers International Union (PACE), Local 3-0265, hereinafter referred to as �Union�, shall become effective this ______ day of ____________ , 2004.
The following agreement reflects the understanding between the parties in regards to participation in the PACE Triangle of Prevention (TOP) Program:
I. GENERAL PROVISIONS:
A. The Parties agree to use the TOP Program investigation methodology in all RAM 2 and most RAM 3 events (refer to current Shell Chemicals RAM Matrix and Exhibit A). The Company reserves the right to use the TOP Program investigation methodology in other RAM events as warranted. The Parties agree that the depth of investigations, number of resources committed to the process and investigation tools used will vary depending upon the seriousness, complexity and learning potential of the particular incidents.
For example, less significant incidents in general, will involve informal investigations. More significant incidents, generally will involve formal TOP investigations, and will likely be more resource intensive. At times, incidents may require facilitation by TOP investigators who are trained in alternate investigative techniques, such as the Shell RCA methodology. For all TOP and RCA investigations, results will be presented and shared consistent with the TOP Program framework.
B. A TOP Steering Team comprised of the Local 3-0265 PACE President, the Site Manager, Production Manager, HSSE Lead, and Quality Systems and Processes Lead will be formed. The purpose of this group will be to provide TOP Program guidance, commitment, and resources. In addition, the Steering Team will provide a dispute resolution mechanism for any issue arising from this Program, or Agreement. In addition, the TOP Steering Team will oversee the site TOP Implementation Team that will consist of the TOP Coordinator, the TOP Representative, and any additional resources.
C. The Company reserves the right to elevate an investigation to TOP or Root Cause Analysis or other investigation techniques as deemed necessary.
D. The Company will have the right to review any report issued by an investigation team prior to its release to the International Union or any other organization to ensure propriety information is not included.
E. Parties will jointly determine which incidents will be reported in TOP rates.
F. Participation in the TOP Program does not preclude the parties from participating in additional activities to improve or promote the refinery safety process.
G. The TOP program will be consistent with and adhere to all site HSE-MS and PSM program requirements. This will include, but not be limited to, chartering format, reporting format, team membership, interface with IT tools (e.g. SCIPR), recommendation ranking and mitigation process, management review, internal and external communications, LFI interface, TWST interface, and report retention.
II. TRAINING COMMITMENTS:
A. Training will be excerpted from the TOP Training Workbook of which the content has been reviewed and agreed to by both parties. PACE, through its educational institution, the Alice Hamilton College, agrees to provide:
1. Eight (8) hours of TOP process training to all Operations/Maintenance/Technicl-Inspection/Supervisory-Managerial Employees to be conducted locally.
2. Sixteen (16) hours of training for ten percent (10%) of both the PACE represented and staff workforce to become TOP Investigators to be conducted locally.
a. TOP investigators will be selected on the following basis:
7 Represented Employees 7 Staff Employees
Volunteers from the following classifications would be desirable: Named at management discretion
1 Mechanic/I&E Technician
1 Lab Technician
2 Tank Farm Gaugers
3 Operators
b. This training to be done on-site during regular day shift working hours.
3. Forty (40) hours of training for the TOP Representative and TOP Coordinator to become local TOP Trainers.
This training will be conducted at PACE training facilities. Shell Chemical L.P. will pay the cost of travel, local/ground transportation, hotel and meals for the worker trainers. Shell Chemical L.P. will pay the worker trainers their normal straight-time pay.
4. The Company commits to annual onsite �Refresher Training� for all employees covered by the Agreement developed by PACE on safety related subjects provided the Company has the ability to provide input into the subjects of the refresher training and that such training is cost effective.
5. Two (2) �Lessons Learned refresher sessions delivered by PACE.
6. TOP Conference attendance for TOP Coordinator and TOP Rep.
B. Program Costs:
1. Payment of $130 per student for the 8, 16, 40-hour training will be made to the Alice Hamilton College.
2. Payment of $35 per participant for annual �refresher training� on safety related subjects for all employees covered by this Agreement.
This contract allows Shell Chemical L.P. a limited one time use of these materials for their employees attending this training. Any reproduction or use of these materials outside of this contract requires explicit written consent of PACE and the Labor Institute.
III. PACE TOP REPRESENTATIVE
A. The TOP Representative will work in conjunction with the Mobile Site TOP Coordinator with an administrative reporting relationship to the HSSE Lead (and functional reporting relationship to Quality and Systems Lead).
B. The TOP Representative will be selected by PACE with concurrence by the Company.
C. The length of the TOP Representative assignment will be for the term of the Articles of Agreement.
D. The TOP Representative will be paid at $1.00 above the current �A� Operator rate.
E. The TOP Representative�s performance will be reviewed jointly by PACE and the Company annually, but may occur at any time. The incumbent can be returned to his/her normal duties if his/her responsibilities as a TOP Representative are not performed in a satisfactory manner.
F. The incumbent has the right to voluntarily return to normal duties within ninety (90) days of being selected to the TOP Representative position. Any incumbent�s assignment beyond the term of the Articles of Agreement will require the prior, mutual agreement between the PACE Local President and the Company.
G. The TOP Representative�s normal position (e.g. �A� Operator) will be filled on a temporary basis. In the event that the TOP Representative returns to his/her normal position, the temporary replacement will return to his/her former position (e.g. �B� Operator).
H. The TOP Representative will continue to accrue seniority and vacation rights in the department from which they came during assignment to the TOP Representative position. The TOP Representative will be removed from the department�s overtime distribution list for the duration of the assignment. Though no amount of overtime is guaranteed, the TOP Representative will likely receive some overtime in conjunction with his or her duties.
I. The TOP Representative will normally work a day schedule (5 40 or 9 80 if available). However, hours may vary as necessary to meet the requirements of this position.
J. It is understood that the job duties and responsibilities of the TOP Representative are not exclusive bargaining unit work.
K. Both parties understand and agree that employees working in assignments covered by this Agreement are intended to carry out their responsibilities in a constructive and cooperative fashion with the aim of furthering the location�s health, safety, environmental and reliability efforts. Both parties understand that PACE represented employees will have access to and use information that may be considered trade secrets and proprietary. Such information must be handled in a confidential manner and not disclosed outside the Mobile Site. If there is any question about the confidential nature of information, see Section I-D above.
L. The parties agree to revisit in the future the possibility of having an Alternate TOP Representative selected from the pool of PACE workers.
M. The TOP Representative serves as the focal point for implementation and maintenance of the Incident Investigation element of the PACE TOP program. The list below gives examples of the responsibilities and activities associated with the TOP Representative role in coordination with the TOP Coordinator. Although not an all-inclusive list, the typical job assignments and responsibilities of the TOP representative are outlined as follows:
� Recommend whether or not to initiate a TOP Investigation based on the event and available resources.
� Participate in any TOP investigation chartering meetings
� Activate each TOP Investigation team
� Evaluate the skills of TOP Investigation facilitators and identify training needs
� Coordinate and schedule TOP investigation training at the location
� Serve as the focal point for questions involving the TOP investigation process
� Maintain a list of trained facilitators and their investigation activity
� Facilitate/lead many of the investigations
� Observe ongoing investigations to identify process improvement opportunities
� Review all investigation reports prior to the final report out for consistency and to evaluate team performance.
� Collect data required to calculate work process metrics
� Communicate/present investigation findings throughout the location
� Screen investigation findings for learning opportunities, develop incident notifications, assign actions to address external incident notifications and write a learning from incidents report for the TOP reporting framework.
� Serve as one of incident owners/investigation owners in Shell investigation process (e.g. SCIPR)
� Input TOP investigation findings into Shell tracking database (e.g. SCIPR)
� Input and present action items/projects into Engineering work prioritization process (e.g. TWST)
� Input and present action items/projects into Operations procedures and training process
� Convert RCA findings into TOP reporting framework and review with the Company before release to the International Union, and then input into appropriate PACE TOP program databases
IV. Joint Reporting of Incidents
The existence of a work environment that promotes frank, open and honest discussion of issues relative to health, safety, environmental and plant reliability performance is of paramount importance to achieve and sustain world-class performance. It is recognized that the use of discipline can, at times, inhibit learning and the free and open discussion relative to these topics. Therefore, the following will be adhered to:
A. Employees are required to promptly report all health, safety, environmental (HSE) and reliability near miss incidents* and incidents** as soon as they become aware of such incidents, to actively participate in incident investigations, and to fully cooperate and work jointly with incident investigation teams.
� Near misses are brought up quickly and learning�s are shared openly.
� Incidents are mitigated and brought to the attention of others quickly and learning�s shared openly.
B. No formal level of discipline shall be considered for the employee reporting and/or involved in a near miss or any incident, provided the report of the incident was made as soon as practical after the incident was discovered subject to the following exceptions:
� Willful negligence
� Malicious or deliberate unsafe behaviors (such as risk taking, horseplay, competition, use of drugs or alcohol or intentional acts of placing personal comfort above the priorities of a safe and efficient operation).
� There is a repetitive pattern of not applying and using appropriate work procedures and practices, willful acts of not following procedures, practices and policies.
� Employee�s involvement in a violation of law or regulation, policy or procedure or it involved intentional/willful act or omission.
Definitions:
* Near Miss Incident � an event that had the potential for injury, process upset, environmental release or equipment damage, but fortunately did not result in injury, process upset, environmental release, or equipment damage.
** Incident � an event that results in injury, process upset, environmental release, and/or equipment damage.
Any disputes or questions arising in connection with the application of this Memorandum of Agreement shall not be subject to grievance or arbitration procedure outlined in the Articles of Agreement. Instead they will be referred to the TOP Steering Team for resolution. If no resolution is achieved, either party may request that the matter be discussed at a higher level in the PACE International Union and Shell Chemical L.P.. Should the parties be unable to resolve the issues, the parties may request the assistance of a mutually agreeable third party at shared expense, to mediate the dispute and make a recommendation for resolution.
The Agreement is subject to cancellation by the company or the union at any time providing that the initiating party gives a ninety (90) day written notice to the other party. If written notice is given both parties agree to meet during the ninety (90) day period to attempt to resolve any differences. If the dispute has not been resolved at the end of the ninety (90) days, this agreement will be cancelled. The cancellation of this agreement shall terminate; and resolve any dispute or grievance arising from this agreement.
Agreed to and accepted this __ day of ________________ 2004.
Paper, Allied-Industrial, Chemical Shell Chemicals L.P.
And Energy Workers� International Mobile Site
Union and Its Local 3-0265
_______________________ _______________________
Michael A. King Wayne C. Shelton
President, Local 3-0265 Human Resources Lead