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TX City Metal Trades Council
Dow / Union Carbide · Texas City, TX · 2025–2030
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General Business Agreement
Union Carbide Corporation
A Subsidiary of The Dow Chemical Company
Union: Texas City Metal Trades Council, AFL-CIO
Company: Union Carbide Corporation / The Dow Chemical Company, Texas City Plant 515
Local Unions: Boilermakers No. 132, Ironworkers No. 135, Carpenters No. 973, Electrical Workers No. 527, Heat & Frost Insulators No. 105, Instrument Local No. 903, I.A.M. No. 1446/District 37, Operating Engineers No. 564, Painters No. 585, Pipefitters No. 211, Sheet Metal Workers No. 54, Operating Engineers No. 450
Effective: June 6, 2025  |  Expires: June 7, 2030  |  Signed: June 8, 2025
Recog. Recognition

The COMPANY hereby recognizes the Texas City, Texas City Metal Trades Council, AFL-CIO, as the exclusive bargaining agent for:

All production and maintenance employees of the COMPANY in its Texas City, Texas plant; but excluding Patrolmen, Gatemen, salaried technical graduates or research employees, salaried employees in the plant office building, shipping office, production unit offices, maintenance office, and stores office, and all supervisors, with authority to hire, promote, discharge, discipline, or otherwise effect change in the status of employees, or effectively recommend such action.

The term "employee" as used in this contract means any person covered by this Contract as stated in the preceding paragraph.

In this agreement any reference to the masculine gender shall be construed as both including both genders.

Art. 1 Union Security

Section 1

The COMPANY agrees, upon receipt of a voluntarily executed copy of the form as shown in Section 2 of this Article, to deduct from the wages of the employee executing such form, regular monthly UNION Membership Dues, and to transmit such deductions to the Texas City Metal Trades Council in accordance with the authorization as shown by this form. The Texas City Metal Trades Council shall supply the COMPANY with applicable dues schedules which shall apply uniformly to all members. Regular monthly dues shall be defined as excluding any fees, assessments or penalties. The amount deducted from any employee in any given month shall not exceed the regular monthly membership dues for all members.

The COMPANY will also supply the Texas City Metal Trades Council each month with a tabulation showing the names of the employees and the amount of dues payments which have been deducted for the preceding month and transmitted to the UNION.

Section 2

The following form shall be used to provide for assignment of dues:

I, __________, Payroll No. __________, hereby assign to said Texas City Metal Trades Council a sum of $__________ for __________ months for initiation fee and such regular monthly membership dues as defined in Article 1, Section 1, of the ARTICLES OF CONTRACT.

I hereby authorize my said employer after receiving this assignment to make these deductions and to remit same to the __________ of said Texas City Metal Trades Council.

This assignment and authorization shall become effective as of the date it is executed and shall be irrevocable for the period of one (1) year or until the termination of the current collective agreement between the COMPANY and the UNION, whichever occurs earlier; and this assignment and authorization shall be automatically renewed and shall be irrevocable for successive period of one (1) year each or for the period of each succeeding applicable collective agreement between the COMPANY and the UNION, whichever period shall be shorter, unless written notice is given by me to the COMPANY and to the UNION during the fifteen (15) day period prior to the expiration of each period of one (1) year, or of each applicable collective agreement, whichever occurs earlier. It is further understood that this authorization may be revoked any time by the mutual consent of myself and the Texas City Metal Trades Council by providing the COMPANY with a letter signed by me and an official of said Texas City Metal Trades Council.

Section 3

Dues deduction authorizations received prior to the 18th of any month will be honored the following month. If a dispute arises as to whether any employee was intimidated or coerced into beginning dues payments or executing a dues deduction form, such dispute may be submitted as a grievance under the grievance procedure of this Contract, and, if necessary, to arbitration. Such grievance must be initiated prior to the first payroll deduction.

Art. 2 Rights of Company

The management of the COMPANY, the composition and direction of the work force, including the right to plan, control, and revise plant operations; to define jobs, to schedule and assign work to employees; to transfer such duties across sections, to determine the means, methods, processes and schedules of production, including automation of operations; to determine the products to be manufactured, the location and relocation of its plants and the continuance or discontinuance of its operating departments; to establish and revise production standards and to maintain the efficiency of employees; to determine the competence and qualification of employees; to establish and require employees to observe COMPANY rules and regulations; to institute and change procedures provided such changes are not in conflict with the provisions of this Agreement; to hire, promote, transfer within a department, discharge employees from duties; to maintain order; and to suspend, demote, discipline and discharge employees for just cause.

The above are the rights solely of the COMPANY, subject to the limitations of the Agreement. The foregoing enumeration of Management's rights shall not be deemed to exclude other rights or functions of Management not specifically set forth. The COMPANY therefore retains all rights not otherwise specifically covered by this agreement.

Art. 3 Abrogation of Contract Articles

Should any part hereof or any provision herein contained be rendered or declared invalid by reason of any existing or subsequently enacted legislation or by any decree of a court of competent jurisdiction, such invalidation of such part or portion of this Contract shall not invalidate the remaining portions hereof and they shall remain in full force and effect.

Art. 4 Seniority

Section 1: Seniority Definitions

A. A "Senior" employee is that employee who has the longest continuous period of service, as defined below measured in years, months and days.

B. Two types of Seniority shall be recognized:

(1) Operations Group Seniority: Period during which an employee has been employed in the Operations Group. Operating departments include: (a) OXO – including SynGas, (b) Vinyl Acetate (VA), (c) ES/EOB, (d) Lab.

(2) Maintenance Group or Craft Seniority: Period during which an employee has been employed in a craft of the Maintenance Department. Maintenance crafts include: Craft 1 Auto Mechanic & Apprentice; Craft 2 Boilermaker, Blacksmith & Apprentice; Craft 3 Carpenter and Apprentice; Craft 4 Electrical Worker & Apprentice; Craft 5 Instrument Repairman & Apprentice; Craft 6 Insulator and Apprentice; Craft 7 Ironworker and Rigger & Apprentice; Craft 9 Machinist and Apprentice; Craft 10 Painter and Apprentice; Craft 11 Pipefitter and Pipe Welder and Apprentice; Craft 12 Test and Inspection Mechanic and Apprentice; Craft 13 Sheet Metal Worker and Apprentice; Craft 14 Equipment Operator and Apprentice; Craft 15 Air Conditioning and Refrigeration Mechanic and Apprentice.

(3) All employees shall maintain Seniority in their original Group or Craft, and shall not be eligible for permanent transfer from one Group to another except as provided in (E) below.

(4) In case two (2) or more employees were hired on the same day, their order will be determined by Dow employee number in ascending order.

C. Filling Job Openings

(1) When vacancies become available due to attrition or the creation of a new job, the first attempt will be from within the department via internal posting. The most senior qualified employee will be given the option to accept the opening first.

(2) If the filling of the job within the department results in a new opening, the hiring department leader has the option to fill the opening through another internal posting or site-wide posting.

(3) If the site-wide posting was successful and it creates a new opening, the leader in the impacted department will decide if the job will be posted internally or outside of the COMPANY (i.e., no domino effect).

D. Eligibility

An employee located outside of the hiring leader's department is eligible to apply for an opening provided they: (1) Must be in their current role three (3) years after Training Review Board (TRB); (2) The current department certified (TRB'd) Operator staffing level for each role/job exceeds 75%.

E. Bidding Process

(1) When a permanent vacancy is declared, said job shall be posted for ten (10) calendar days. Each employee who desires to bid may do so by completing a self-nomination form within the ten (10) day period. Such vacancy will be filled by the qualified bidder with the greatest Site Seniority if they meet eligibility and qualification requirements.

(2) If a minimum of two (2) jobs have not been posted in the previous year, the COMPANY will: When ahead of attrition vacancy is declared, the leader will post to the site first before going external for the first two (2) openings.

(3) It is understood that the COMPANY will determine whether job bids are for operations apprentices, journeymen or craftsmen.

(4) When a job bid is not filled by an eligible bidder, the COMPANY will, at the end of one hundred eighty (180) days from the date the job posting is removed from the Bid Board, cancel the job bid.

(5) Any employees who know they will be absent for Vacation, Jury Duty, or Leave of Absence for thirty (30) days or less, may submit a Pre-Bid.

(6) Each Pre-bid shall be effective only for the duration of each individual's specific absence.

(7) If none of the bidders are qualified or if there are no bidders, the COMPANY shall have the right to fill the job as it sees fit.

(8) Any employee whose bid has been denied on the basis of qualifications will not be considered again for a transfer to the same Operations Group until the employee has shown proof that their qualifications satisfy the requirements.

(9) A successful bidder will enter at the appropriate rate, either apprentice or journeyman levels. Successful bidders will be transferred to the new jobs within three (3) calendar months following the date of notice of successful bidder unless the COMPANY demonstrates that to move said bidder would create a situation where their job cannot be manned safely.

(10) A bidder who refuses to accept a tendered transfer will not be reconsidered for other transfers for a period of three (3) years.

(11) Bidders will be expected to accept or refuse a tendered transfer by the end of their first regular scheduled work day following the day of the offer. Failure to respond within this time frame will be interpreted as a refusal.

F. Maintenance to Operations (First 3 Years)

Prior to hiring from outside the COMPANY, for the first three (3) years after ratification of this Agreement, all Maintenance Employees shall have the right to exercise their Seniority to bid to openings in Operations.

G. Pool Operators

(1) Pool operators will be assigned to host departments. They will be expected to train, complete a training review board certification and fill the role of an operator in their host department following the same process as a permanent operator.

(2) If a pool operator is working in a bid area and an opening becomes available in that bid area, they will be assigned to that opening and permanently become a part of that bid area.

(3) If an opening becomes available in a bid area where there is no pool operator, the opening will be bid across the site. If there are no volunteers, site leadership can assign a pool operator to that opening or fill that job from outside the COMPANY.

(4) If multiple bid areas have pool operators and no imminent attrition is expected, the senior pool operator can volunteer for the opening or the least senior pool operator will be assigned.

Section 2: Seniority Accumulation and Loss

A. Seniority shall continue to accumulate during leaves of absence except as stated in (B) below.

B. Seniority shall be lost upon: (1) Discharge for cause; (2) Voluntary quit; (3) Abuse of leave of absence as noted in Article 8; (4) Layoff for curtailment of operations unless the employee is recalled within three (3) years; (5) Transfers to positions outside the bargaining unit except as noted in Section 1(L).

C. Seniority will be accumulative during absence on account of sickness or disability for a period not exceeding twelve (12) months.

Section 3E: Layoffs

(1) Advanced Notice: The COMPANY agrees to give employees affected by a reduction in workforce five (5) working days' notice in advance of such layoff.

(2) Layoffs Within a Department: All layoffs from within a department (Operations and Maintenance) shall be in inverse order of site wide seniority within that department. Employees may decline to be reassigned and take their layoff as a separation from the COMPANY and be recalled only to vacancies occurring in the department from which they were laid off for three (3) years.

(3) Layoffs — Separation from the COMPANY: Operational layoffs will be a function of site wide seniority starting with the LEAST senior employee. In the event of a required downsizing in Operations, the COMPANY will follow rules of seniority and displace any contractors working in Site Logistics or similar jobs historically performed by bargained-for Operations employees prior to them being laid off. For Maintenance, the contract workforce will be laid off before COMPANY employees.

F. Rehiring

Rehiring shall be in inverse order of layoffs within the Operations Group or Maintenance Group or Crafts. Any former employee being recalled shall be notified by certified mail to the last address on record. Each notification shall request an answer within five (5) days, stating that the recalled former employee will return to work within ten (10) days from the date of acceptance. The COMPANY shall maintain a recall list for three (3) years.

Other Key Provisions

Probationary Period: All newly hired OPERATOR employees will be required to work a trial or probationary period of six (6) months after TRB, no longer than nine (9) months, before the seniority rules shall apply. After such period the new employee's seniority shall be retroactive to the date of employment. Maintenance Craftsmen will have a six (6) month probationary period.

Seniority Lists: The COMPANY shall compile and furnish to the UNION, semiannually and make available electronically a seniority list showing the seniority of each employee in the bargaining unit.

Military Service: Employees who entered or enter the United States Armed Forces shall accumulate seniority while in military service, in accordance with provisions of the currently enacted Federal legislation.

Corporate Transfers: An employee may be transferred to other corporate locations for periods up to twenty-four (24) months without losing group or craft seniority. Said seniority shall continue to accumulate during such leaves.

Staffing New Plants: The COMPANY shall have the right to staff up to 50% of employees for a New Plant or Significant Plant Expansion without following the normal bidding process.

Laboratory Shift Preference: During the first ten (10) days of December each year, Laboratory Operators desiring a shift change will submit in writing, to their Supervisor, their preference of work schedules.

Art. 5 Work Hours and Schedules

Section 1: 12-Hour Rotating Shift

The provisions of this section shall apply only to those employees who are employed within the Operations Group. The COMPANY shall not assign employees of any other group or craft to the twelve (12) hour rotating shift schedule except by mutual written agreement by and between the COMPANY and the UNION.

The COMPANY will not relinquish its rights to determine hours and schedules of work. It is expressly provided the COMPANY will not discontinue the twelve (12) hour shift for the duration of the collective bargaining agreement except if (a) staffing of overtime is inadequate, or (b) there be a change in laws so as to make the twelve (12) hour shift arrangement illegal.

Mandatory Meetings: Employees on the twelve (12) hour schedule may be required to attend mandatory meetings on their off days, which would include: mandatory health, safety, and environmental affairs training; quality training; Emergency Squad training; organizational training; plant programs; or new equipment training.

A. Work Days and Work Weeks:

(1) Day Shift: 6:00 AM to 6:00 PM (first shift of the day).

(2) Night Shift: 6:00 PM to 6:00 AM (second shift of the day).

(3) Individual departments will have the latitude to move shift change earlier in the day by as much as one hour in thirty (30) minute increments (e.g. shift changes at 5:00 AM and 5:00 PM or 5:30 AM and 5:30 PM).

(4) Shift change after 6:00 AM (e.g. 6:30 AM) will not be permitted as it encroaches on other plant activities.

(5) All twelve (12) hour shift teams and individual team members within a given department will agree to one common shift relief time.

Work day: A work day is defined as the twenty-four (24) hour period from 6:00 AM on one day to 6:00 AM the following day.

Work week: A work week is defined as the period from 6:00 AM Monday to 6:00 AM the following Monday.

Section 2: Non-Shift Employees

The work week for all other employees shall consist of a seven (7) day period extending from 7:00 AM Monday to 7:00 AM the following Monday.

The work week shall consist of forty (40) hours of work and the work day shall consist of eight (8) or ten (10) hours of work except as provided in Section 1.

When it becomes necessary to curtail operations while operating on a work week of forty (40) hours, the COMPANY and the UNION may mutually agree to employ the following alternatives: (a) Layoff of employees with less than one (1) year of seniority; (b) Reduce the hours of work to avoid wholesale layoffs, but in no case shall such reduction reduce the scheduled work week below thirty-two (32) hours of work.

Section 3: Working Schedules

A. Straight Day Work: The straight day schedule will require eight (8) hours of work in two (2) periods, that is, from 7:30 AM to 11:30 AM and from 12:00 NOON to 4:00 PM. Operator day jobs: Based on the needs of the job, day jobs will be Monday through Friday from 7:00 AM to 3:00 PM or 7:30 AM to 3:30 PM.

B. 10-Hour Working Schedule: A four (4) day ten (10) hour work schedule may be utilized if the department leader and the majority of the department employees agree to such a schedule and there are sufficient resources to provide coverage. If a ten (10) hour schedule is chosen, the schedule will be from 7:00 AM – 5:30 PM, with a thirty (30) minute lunch period. Overtime will be calculated for any time worked in excess of ten (10) hours per day or over forty (40) hours per week.

C. Rotating Shift Work: The 8-hour rotating shift schedule for three (3) shift rotations shall consist of three (3) shifts of eight (8) consecutive hours. Employees shall not report to their immediate work area more than five (5) minutes prior to the time scheduled for the start of their shift, unless requested to report early by the COMPANY.

D. Rest Breaks (Maintenance Group): A rest break will be allowed in the morning and the afternoon to be taken in the immediate vicinity of where the employee is working. The breaks will not exceed fifteen (15) minutes, including travel time.

E. New Permanent Working Schedules: New permanent working schedules shall be made only by mutual agreement by COMPANY and UNION.

F. Temporary Working Schedules: Temporary working schedules may be established to meet production or maintenance requirements. Such temporary schedules will have a duration of twenty-eight (28) calendar days or less, unless extended by agreement between the COMPANY and UNION. When a twenty-eight (28) day temporary schedule is exceeded, time and one-half the straight time hourly rate shall be paid for hours worked on the twenty-ninth (29th) day.

G. Notice for Permanent Change: When it becomes necessary to permanently change an employee's work schedule, such employee shall be given at least one hundred sixty-four (164) hours' notice of such permanent change. In the absence of such notice, time and one-half will be paid for all hours consecutively worked on the first payroll day after such change.

H. Area Assignments for Maintenance: Maintenance employees, excluding apprentices, shall be entitled to request transfer to another area after completing one (1) year in said area. No more than 10% of any craft or group within the area will be allowed to transfer within any ninety (90) day period. Maintenance employees assigned to the shops shall be entitled to request transfer to another area after completing two (2) years in said shop.

I. Temporary Working Schedules (Maintenance): Temporary working schedules may be established to meet production or maintenance requirements. Such temporary schedules will have a duration of twenty-eight (28) days or less. Initially, voluntary openings of the 12 Hour Shift will be offered by Craft Seniority. If openings still exist, contractor maintenance will be utilized.

Art. 6 Pay Practices

Section 1A: Call-Out Pay

A call out is defined as a request for an hourly non-exempt employee to work hours other than those regularly scheduled, requiring the employee to make an extra trip to the plant/site (complete round trip). Call-out pay does not apply if the employee works additional hours that are attached to a regularly scheduled work period.

The call-out time starts when the employee physically arrives at the site ready to work. Call-out pay will be the greater of:

(1) The appropriate rate for hours worked (1.5X is paid when the employee actually works 2.7 hours or more); or

(2) Four (4) hours straight time (1X is paid when the employee actually works 2.6 hours or less).

All call outs must be recorded on the day the call out originates.

Section 1B: Severe Weather and Natural Disaster Pay Policy

The Severe Weather and Natural Disaster Pay policy applies from the time EOC and site leadership declares a severe weather or natural disaster event to the time EOC and site leadership declares the termination of the event.

(1) Hourly non-exempt employees working a declared severe weather or natural disaster event (i.e., held inside the facility for the duration; often referred to as hurricane squad members) will be paid: All hours (24/7) will be paid per the contract, plus one additional hour of straight time (1X) per hour worked.

(2) Hourly non-exempt employees working as early returnees will be paid: All hours (24/7, if held in) will be paid as overtime (1.5X, or greater if required by the contract).

Section 1C: Management-Driven Schedule Change (MDSC)

A MDSC occurs when management asks an hourly non-exempt employee to change their work schedule temporarily. Employees will not incur a negative financial impact if an MDSC is implemented. However, there will be no additional or premium pay simply for the inconvenience of the schedule change. This policy does not apply when the schedule is modified at the employee's request.

Section 1D: Non-exempt Travel Pay

Hourly non-exempt employees who are required to travel on COMPANY business will be paid for all time spent traveling to and from the destination. If the entire trip is purely business-driven, employees will be paid for all time spent traveling, from the time they leave work or home until they arrive at the remote location, and from the time they leave the remote location until they return to home or work.

Section 2A: Overtime

Overtime for hourly non-exempt employees is equal to the employee's regular hourly rate times 1.5. Overtime hours are defined as: (1) For full-time forty (40) hour week employees — time added on to the daily work schedule or time outside the regularly assigned work schedule. (2) For full-time employees with greater than forty (40) hour work week — time added on to the daily work schedule or time outside the regularly assigned work schedule.

When the normal work schedule is greater than forty (40) hours in a week, overtime built into an employee's weekly work schedule will be paid at 1.5X only if the previous forty (40) hours in that same work week were actually worked. The following non-worked, paid events count toward built-in overtime: (1) Civic Duty; (2) Vacation; (3) Holidays not worked.

12-Hour Shift Overtime Options

When it is necessary to provide overtime coverage by calling in an employee, the following options can be used based on the department's agreement (Option 1 shall always be the first option):

(1) Call the low person off shift who is eligible and qualified to perform the job. The first person contacted may refuse the assignment, but if they refuse, they will be informed that they are in the "forced" position.

(2) Qualified person on Vacation (however they cannot be forced).

(3) Adjust current schedule or consider using Make Whole.

(4) If it becomes necessary to use the "4/4/4 option": (a) Force the on-shift person(s) on holdover for up to four hours; (b) Force out oncoming shift for up to four hours; (c) When necessary the middle four hours will be covered as the COMPANY sees fit.

The COMPANY retains the right to require mandatory overtime as a "last resort."

In those situations where it is anticipated that the overtime required on a job shall not exceed two (2) hours duration, the overtime will be offered to those employees present in the plant or to the oncoming shift rather than calling out the off shift.

Section 2B: 7th Consecutive Day Pay

Hourly non-exempt employees who are required to work any seven (7) consecutive days (with the exception of those employees who are normally required to work seven (7) consecutive days) will be compensated at 2X for all hours worked on the seventh (7th) day. Double time (2X) will only be paid to an employee who actually works at least four hours on each of the previous six (6) consecutive days. Only time worked counts.

Employees whose regular schedules include seven consecutive days must work ten (10) consecutive days to qualify for the consecutive day pay (2X). Double time will only be paid to an employee who actually works at least four (4) hours on each of the previous nine (9) consecutive days.

Guidelines: (1) An employee must have prior supervisor approval before working seven (7) consecutive days; (2) A call out can count toward the six (or nine) consecutive days if the employee works a minimum of four hours; (3) The seventh consecutive day breaks the string and the day count starts over; (4) The seventh consecutive day does not have to fall within the same work week or pay period.

Section 2C: Remote Off-hour Troubleshooting

Non-exempt employees will be paid for time spent troubleshooting technical problems or issues over the phone from off-site if the call is eight (8) minutes or more in length. Actual time spent on the phone exceeding eight (8) minutes will be paid at 1.5X. Call-out minimums do not apply.

Section 3A: Shift Differential

Shift differential of $.75 per hour of additional compensation for non-exempt employees working long-term, non-day or rotating shift schedules that regularly include evening, night and/or weekend hours. The shift differential is applied to all hours paid, including premium pay.

Shift differentials do not apply to temporary shift assignments (e.g., during a shutdown). "Long-term" is defined as continuous assignment to a qualifying shift for more than eight (8) consecutive payroll weeks. Employees temporarily assigned to a qualifying shift would receive no shift differential for the first eight (8) consecutive payroll weeks and would then receive the applicable shift differential for the remainder of the qualifying assignment.

Conversely, shift employees who normally work a qualifying shift and are temporarily assigned to straight days would continue to receive shift differential for eight (8) consecutive payroll weeks. If the day assignment continues, shift differential would not be paid for the rest of the temporary assignment.

Section 3B: Shift Trade

A shift trade allows hourly non-exempt employees to trade shifts with other hourly non-exempt employees to provide temporary flexibility in their work schedules. Prior approval by leadership is required. Guidelines: (1) Safe plant operations must be maintained; (2) The shift trade must occur within the same payroll week; (3) The shift trade cannot result in a premium pay situation for any employee involved; (4) The employee initiates the trade; (5) The shift trade must not affect meetings or training; (6) The policy is not intended for routine or regular shift trades.

Section 4A: Holiday Policies and Practices

The following days are recognized as fixed holidays: (1) New Year's Day; (2) Martin Luther King Day; (3) Good Friday; (4) Memorial Day; (5) July 4th; (6) Labor Day; (7) Thanksgiving Day; (8) Thanksgiving Friday; (9) Christmas Eve Day; (10) Christmas Day; (11) New Year's Eve Day.

Guidelines for fixed holidays:

(1) Full-time employees will receive eight (8) hours of holiday pay for each holiday, whether the employee worked the holiday, or it was a scheduled day off.

(2) For employees on a Monday through Friday work week, holidays that fall on Saturday will be observed on the preceding Friday and holidays that fall on Sunday will be observed on the following Monday.

(3) Shift employees will observe holidays on the calendar holiday, regardless of the schedule.

(4) Fixed holidays are considered eight (8) hour days for all full-time employees, regardless of work schedule.

(5) Employees who are scheduled to work more than eight (8) hours on a holiday and wish to take the day off, are required to use vacation hours to make up the difference. For example, an employee who normally works 12-hour shifts is required to use four (4) hours of vacation for a total of twelve (12) hours pay on the holiday.

(6) If an employees' schedule is normally more than eight (8) hour days and the holiday does not fall on their scheduled day of work, they will receive eight (8) hours idle holiday pay, plus their normal schedule.

(7) Hourly non-exempt employees who are required to work on a fixed holiday will receive 2X for all hours worked, in addition to the eight (8) hours of holiday pay.

(8) Employees cannot reschedule or transfer a fixed holiday to another date.

(9) At no time will a holiday in a compressed schedule create a greater than forty (40) hour work week.

(10) Employees who are on an unpaid Leave of Absence will not be eligible for holiday pay. To be eligible for such pay, an employee must work their last regular scheduled working day immediately preceding the holiday and the first regular scheduled work day immediately following this holiday unless excused by the COMPANY.

(11) An employee who is instructed to work on a holiday but who fails to work and does not have an acceptable excuse, will receive no pay for the holiday.

Section 4B: Unpaid Time

Unpaid time off is only available at the discretion and approval of the leader and is intended to be used in extreme or unusual circumstances. Prior consultation with Human Resources is expected.

Section 4C: Vacation

Vacation hours will be earned at the rate of 1/12th per month and available on the first of each calendar month. Employees may take full year vacation entitlement prior to accrual.

(1) Vacation time can be taken in one-hour increments.

(2) Vacation hours are based on years of service:

Years of Service Vacation Hours Carry Over Hours Borrowing Hours
1 – 4 120 40 40
5 – 9 160 40 40
10 – 14 176 40 40
15 – 19 192 40 40
20 – 24 216 40 40
25 – 29 232 40 40
30+ 248 40 40

(3) Less-than-full-time (LTFT) employees will have a prorated schedule.

New Hire Vacation Schedule

Month of Hire Hours Granted
January 120
February 112
March 104
April 88
May 80
June 72
July 64
August 48
September 40
October 32
November 24
December 8

Vacation Scheduling

Vacations may be taken during any portion of the year and consideration should be given to the business needs of the COMPANY and personal preferences of employees. The actual scheduling of vacations, however, is within the responsibility of each department.

Short Notice Time Off: Vacation may be scheduled at any time up to forty-six (46) hours prior to the start of the shift on which the time off period is desired, provided there is available relief or appropriate vacation quota would not be exceeded. If time off is requested with less than forty-six (46) hours' notice, it should only be granted if there is a volunteer available to provide the necessary coverage.

Vacation Carry Over / Borrowing

(1) Once the current year vacation has been depleted, employees may borrow vacation days from the upcoming year, with prior supervisor approval, a maximum of 40 hours after two years of service.

(2) For vacation carry over, only forty (40) hours will be permitted to be carried over but may carry over more than forty (40) with supervisor's approval.

Vacation Eligibility at Separation

(1) Long Term Disability (LTD): Employees approved for Long Term Disability will receive any unused accrued vacation for the current year (based on monthly accrual) plus any approved carry over up to the maximum of forty (40) hours.

(2) Death of Employee: The beneficiary of record or estate will be paid for unused accrued vacation for the current year (based on monthly accrual) plus any carry over up to the maximum of forty (40) hours.

Art. 7 Wages / Pay Adders and Premium Pay / Performance Awards

Section 1A: Wage Schedule

Base Pay Wage Increases will be effective the first full pay period in June of 2025 and then in June for the following years:

Year Percentage (Operations/Maintenance)
2025* 4.00%
2026 3.00%
2027 2.60%
2028 2.50%
2029 3.0%

*The Maintenance Department will receive a one-time $2.00 hourly increase prior to the 2025 base rate percentage increase.

Operators, excluding Lab Operators, will receive a one-time $1.00 hourly increase prior to the 2025 base rate percentage increase.

Lab Operators will receive a one-time $1.00 hourly increase; the Lab wages will freeze for the life of the contract. In lieu of annual wage increases, employees in the Lab Operations Group at time of contract ratification will receive an annual lump-sum payment equivalent to the percentage of the annual base rate wage increase for Operators with annual overtime adjustment.

Note: If the COMPANY initiates a company-wide wage freeze, that wage freeze will be applicable to bargained for employees, as well. In such cases, all subsequent wage increases will be postponed by one (1) year, including Lump Sum Payments and increases to Pay Adders.

Section 1C: Wage Structures

Process Operators — New Hire Pay Progression

Process Operator Base Rate 9-Jun-25 8-Jun-26 7-Jun-27 5-Jun-28 4-Jun-29
Hire – 12 Months $37.88 $39.02 $40.03 $41.03 $42.26
12 – 24 Months $40.54 $41.76 $42.85 $43.92 $45.24
24 – 36 Months $42.32 $43.59 $44.72 $45.84 $47.22
36 Months+ $45.44 $46.80 $48.02 $49.22 $50.70

Lab Operators — New Hire Pay Progression

Lab Operator Base Rate 9-Jun-25 8-Jun-26 7-Jun-27 5-Jun-28 4-Jun-29
Hire – 12 Months $36.42 $36.42 $36.42 $36.42 $36.42
12 – 24 Months $38.98 $38.98 $38.98 $38.98 $38.98
24 – 36 Months $40.69 $40.69 $40.69 $40.69 $40.69
36 Months+ $43.69 $43.69 $43.69 $43.69 $43.69

Maintenance Craft Workers — New Hire Pay Progression

Maintenance Craft Base Rate 9-Jun-25 8-Jun-26 7-Jun-27 5-Jun-28 4-Jun-29
Hire – 12 Months $38.92 $40.09 $41.13 $42.16 $43.42
12 – 24 Months $41.58 $42.83 $43.94 $45.04 $46.39
24 – 36 Months $43.36 $44.66 $45.82 $46.97 $48.38
36 Months+ $46.48 $47.87 $49.11 $50.34 $51.85

New hires with relevant experience may start at a higher rate within the CBA at management and HR discretion with notification to the Union. If management wants to start new hires at a higher rate than what's in the CBA, the new rate must be mutually agreed to by the COMPANY and UNION.

Except as specifically provided for in this Contract, the COMPANY will not be required to pay for time not worked. In the event that any new job classifications are added or established in the future, the wage rates and job classifications shall be mutually agreed to by the UNION and the COMPANY and added to the wage structure.

Section 2A: Process Operator Board Pay Adder

Criteria for Board Adders:

(1) The Production Leader or designee determines the number of qualified Board Operator roles per department that will be eligible for Board Adder Pay.

(2) If the number of qualified Board Operator roles per department is reduced, the Board Operator roles will be retained by interested employees with the most site seniority in that department.

(3) Qualified Board Operators are eligible for Board Adder Pay if they are: (a) Assigned to a designated board operator position or a role which requires coverage of the board operator position, and operates the board a minimum of the equivalent of one shift rotation per quarter; (b) Have fully completed all Board Operator training requirements and passed the Training Review Board; (c) Remain current for all training of the Board and MOC requirements relevant to the Board job.

The Board Adder is $2.00 per hour.

Section 2B: Shift Relief Operator (SRO) Pay Adder

Special Relief Operators who are regularly required to work irregular schedules on different jobs will be paid a premium of $1.00/hr. over and above the top rate of the highest paid job they are regularly assigned to work. The role of Special Relief Operator is not a classification but a schedule, therefore the $1.00/hr. is an adder and not pensionable. An operator successfully performing their SRO shall receive $0.50/hr. more when serving consecutive years as an SRO. $1.50/hr. is the top SRO adder.

Special Relief Operators will be selected by the COMPANY based on qualifications and employee interest; if interested parties are equally qualified the offer will go to the highest seniority operator. SROs shall be drawn from the specific department's operators. If no one volunteers, then the junior operator in the department will be assigned. After being a fully qualified SRO for a period of one year, the SRO may request to be relieved from the position. After the request has been filed, the SRO will be transferred within sixty (60) days.

Schedules will be posted in advance. An SRO schedule will not consist of greater than two (2) different shifts in a block week. SRO's schedules will not include overtime unless the SRO volunteered for the overtime.

If during a calendar year an SRO's schedule is changed with less than forty-eight (48) hrs. notice greater than three (3) times, the first day of work will be paid at 1½ times their normal pay on the 4th short notice schedule change and for each short notice schedule change thereafter for the remaining calendar year.

Section 2C: Emergency Response Team (ERT) Pay Premium

The members of the Emergency Response Team (ERT) will receive extra pay per year based on completing all required training. A fit for duty program is set in place following all state and federal guidelines for a standard fire fighter.

On an annual basis, the COMPANY will specify both the departments required to provide ERT members and the minimum quota of shift and day team members. As openings occur, the senior volunteer will take the position. If there is not a volunteer, the least senior qualified shift operator in each department will be assigned.

Levels of Training and Incentives:

Level 1 ERT (Fire, Hazmat, Rescue, Basic First Aid and CPR): Employees with 0–3 years of service on the ERT will receive $1,600/year; Employees with ≥4 consecutive years will receive $2,000/year.

Level 2 ECA (includes Level 1 + Emergency Care Attendant Training): 0–3 years: $1,900/year; ≥4 consecutive years: $2,300/year.

Level 3 EMT (includes Level 1 + Emergency Medical Training): 0–3 years: $2,200/year; ≥4 consecutive years: $2,600/year.

Level 4 Senior Captain (includes Level 1 + Emergency Medical Training): Senior Captain with ECA: $3,000/year; Senior Captain with EMT: $4,000/year. *Senior Captains without ECA or EMT will have one year from ratification to obtain. If the employee fails to obtain ECA or EMT within one year of ratification, they will move to Level 1 ERT.

Employees shall receive all training necessary at the COMPANY's expense, including OT (if applicable) for travel time, lodging and any other reasonable expenses. Payments will be made in one lump-sum in the 1st full pay period in December.

Section 3: Performance Award

Employees shall be entitled to the identical annual performance award program as Texas City salaried employees except that the 1X (target) payout is 4% and the 2X (maximum) payout is 8% of annual base pay. All terms and conditions of the COMPANY's annual performance award program shall apply including non-payout terms due to individual and Company performance. The COMPANY shall have the right to modify the program in any manner from time to time. Notwithstanding any provision contained to the contrary, this decision may not be grieved.

Art. 8 Leaves of Absence

Section 1: Funeral Leave

In the case of the death of a member of the immediate family of an employee having continuous service, the COMPANY Funeral Leave gives employees time away from work with pay to make arrangements for and attend the funeral of a family member. Funeral allowance to be paid shall not exceed three (3) consecutive calendar days as designated by the employee, one (1) of which must be the day of the funeral, and those regularly scheduled hours that such employee is absent on these days shall be paid for at the employee's regular hourly rate.

In the event a death occurs within an employee's immediate family while the employee is on vacation, a period of time equal to the funeral allowance the employee would have been entitled to had the employee not been on vacation will be added to the vacation and taken prior to returning to work following the vacation.

For the purpose of determining eligibility for funeral allowance benefits, an immediate member of the family shall be limited to the employee's father, mother, husband, wife, brother, sister, son, daughter, son-in-law, daughter-in-law, brother-in-law, sister-in-law, grandchildren, legal stepchild, legal stepmother, legal stepfather, grandparents and legal guardian; and the spouse's father, mother, brother, sister, grandparents and legal guardian. No pay allowance will be granted in a case where the employee does not attend the funeral of the deceased.

An employee will be excused without loss of straight time earnings to serve as an active pallbearer on the day of the funeral of an employee or retired employee of the Texas City Plant. The request for the employee to serve must be from a member of the deceased employee's immediate family and no more than six (6) employees may be excused for such pallbearer service at any one (1) funeral.

Section 2A: Personal Illness

Refer to Dow U.S. Leave Policy. Employees may use up to 80 hours per calendar year of Personal Illness time for any reason allowed by applicable law, including for their own health condition or preventative care.

Section 2B: Paid Medical Leave

In the event of a long-term illness or injury, employees will receive full benefits and pay at the straight-time hourly rate for a period up to twelve months (2080 hours) per career while an employee is medically unable to work.

The COMPANY provides a Long-Term Disability 50% income protection plan, at no charge, to employees who have completed one year of continuous full-time service while actively at work. An additional 16.7% of coverage is available at employee cost.

None of the provisions of this section will apply for any sickness or injury: (1) resulting from employees willful intention to injure themselves; (2) resulting from employees working for wages or being in business for themselves; (3) for which the employee has not been under the continuous care of a physician; (4) while the employee is absent because of a layoff, strike, or a 30-day or longer leave of absence; or (5) resulting from the employee's willful engagement in criminal activity.

Absences from work due to treatment or surgery that are cosmetic/elective in nature will not be covered by this Article.

Section 2C: Family Illness

Each individual will receive forty (40) hours for a regular eight (8) hour shift or forty-eight (48) hours for a twelve (12) rotating shift of Family Illness.

Section 3A: Personal Leave

The COMPANY shall grant leave of absence up to ninety (90) days length for personal reasons, upon request and explanation by the employee, provided that in the opinion of the COMPANY the reason for the request is worthy and such leave does not interfere with the practical and economical operation of the plant and provided the leave shall not be used except with the permission of the COMPANY for the purpose of accepting other employment. A maximum of three (3) employees and not more than one (1) from any Group or Craft will be granted leaves of absence as outlined in this section. Not more than three (3) employees will be allowed such leave at one (1) time.

Section 3B: Temporary Leave for UNION Business

Employees will be granted, if requested no less than two (2) weeks in advance, a leave of absence up to ninety (90) days to accept employment with the Texas City Metal Trades Council.

Section 3C: Full-Time Leave for UNION Business / Other

The COMPANY will, upon receiving at least two (2) weeks' notice, grant a leave of absence to an employee accepting a full-time appointment or an elected position with the Texas City Metal Trades Council or to an elected public office for a duration as required by the term of office. Such leaves of absence are subject to approval by the COMPANY and will be reviewed annually for renewal.

(1) Unless otherwise approved, employees granted full-time leaves of absence under this provision will not accrue COMPANY Service Credit while on leave.

(2) Upon return from an authorized leave of absence, the employee will be returned to the Group or Craft held prior to the leave, provided they have sufficient seniority to do so.

(3) An additional period of time, not to exceed thirty (30) calendar days, may be granted immediately prior to and/or at the end of the leave of absence for the purpose of transition into and out of office.

(4) At least two (2) weeks' notice will be provided to the COMPANY prior to an employee reporting to work upon conclusion of the leave.

Section 3D: Temporary Leave for Political or UNION Convention

Leaves of absence for up to two (2) weeks will be granted to one or more delegates to attend UNION conventions. The exact number will be determined by mutual agreement.

Section 3E: General Provisions

(1) An employee on leave of absence under the provisions of this Section shall retain and accumulate seniority.

(2) During such leave, an employee will not be paid by the COMPANY and participation in COMPANY benefit plans will be suspended except for life insurance and hospitalization plan.

Section 4: Extended Absence – Health

In instances where an employee provides the COMPANY with a certificate from a licensed physician stating that it is necessary for the employee to temporarily cease work for reasons of personal health, then the COMPANY shall approve such absence for a period not in excess of fourteen (14) months, provided: (1) The employee has one (1) or more years of COMPANY Service Credit, and (2) The employee agrees to return to work as soon as their personal health will permit.

During such absence an employee shall retain accumulated seniority and shall accumulate seniority from the time the employee ceased work, provided the employee is not employed elsewhere. Upon application, after having regained their health, the employee shall be returned to work in the Group or Craft from which they left, if there is a job opening in such Group or Craft.

Section 5: Industrial Sick Leave

A. Eligibility: An employee will be eligible to receive Industrial Sick Leave payments for absence due to an illness or injury resulting from employment with the COMPANY, if the illness or injury is determined to be compensable under the Texas Workmen's Compensation Insurance Law.

B. Conditions of Payment: The COMPANY may withhold such payments: (1) In any instance where it is determined that the employee's injury or illness resulted from the employee's violation of plant safety rules and practices; (2) If the employee is not complying satisfactorily with the instructions of the physician in charge of their case.

C. Amount of Payments: Industrial Sick Leave payments shall be calculated according to the following formula: Daily base rate of pay, multiplied by the number of days of compensable absence, minus Workers' Compensation and group health and accident benefits. Premiums are excluded. Industrial Sick Leave payments will be made by the COMPANY for the period of disability, but in no case for a period longer than 26 weeks (1,040 hours).

Art. 9 Temporary Transfers / Non-Traditional Assignments

Employees who, at the request of the COMPANY, are temporarily required to do the work of groups other than their own shall not suffer reduction of rate of pay because of such transfer.

If employees, at the request of the COMPANY, are temporarily required to perform work in a group which pays a higher top rate, then the employee will receive the transfer rate of the temporary classification for the full day worked if they work two (2) or more hours on such advance status, but will receive no increase in rate if such work is for a period less than two (2) hours.

Non-Traditional Assignment: Employees may volunteer to perform work not historically under the jurisdiction of the UNION. In this case, the UNION agrees that a separate contract is not created and agrees not to claim jurisdiction.

Art. 10 Pay Days

Employees will be paid biweekly no later than the Friday following the end of the payroll period. The UNION and COMPANY agree to provide two options for receiving paychecks: through the U.S. Mail or Electronic Deposit ("EFT").

Art. 11 Layoff Allowance Pay

Section 1

Layoff allowance pay for an employee terminated on account of reduction in force shall be in accordance with the following schedule, unless a severance package has been negotiated. The amount will be calculated at the basic rate in effect, excluding all premiums.

COMPANY Service Credit Layoff Allowance:

10 Years or More: 4 Weeks or 160 Hours

Section 2

In case an employee is re-employed by the COMPANY after being paid a layoff allowance or a termination allowance, the employee's COMPANY Service Credit for any subsequent layoff consideration shall start from the date of such re-employment.

Art. 12 Tools

The COMPANY shall provide all tools necessary to perform assigned work.

Art. 13 Construction and Subcontracting of Work

Maintenance employees will not work on new construction projects. Maintenance employees may be required to make tie-ins between new construction projects and existing equipment. It is understood that Maintenance employees shall engage in work involving maintenance, repair or replacement of equipment, alterations to improve the efficiency or capacity of equipment and rearrangement of and minor additions to all existing COMPANY property.

When the COMPANY has the necessary equipment and employees qualified to perform the work, the COMPANY will not contract normal maintenance work customarily performed by its permanent employees for the purpose of laying off such employees during the period that the contract work is being performed, nor shall the COMPANY contract such work that would prevent the recall to regularly scheduled employment.

The COMPANY shall continue to have the right to contract out bargained-for work for economic or productivity reasons.

In the event of a required downsizing in Maintenance, before any layoff of Maintenance employees, after following the collective bargaining agreement regarding craft seniority and assignment of employees with allowing more senior employees to bump less senior employees within their craft classification, the applicable number of Maintenance employees shall have the right to replace any contractors working in their craft classification prior to being laid off.

Moreover, this provision overrides any other provision in Article 13 restricting layoff for any reason by giving employees the option to displace contractors and the COMPANY shall at all times have the right to contract work "outside the gate" for economic reasons.

Art. 14 Supervisors Doing Hourly Work

No plant personnel excluded from the bargaining unit shall perform work normally done by employees covered by this Contract, except while learning the production operations, training employees, studying or testing equipment, putting new equipment into operation, or in emergencies affecting production or safety of personnel. No employee in the bargaining unit shall be displaced by reason of such work.

Art. 15 Company Working Rules

It is agreed by both parties to this Contract that fair treatment, good service and due diligence in observance of the rules as promulgated by the COMPANY will be essential to the maintenance of these working conditions and wages, understanding that such rules as may be promulgated by the COMPANY shall not in any way conflict with the terms of this Contract. The UNION will continue to maintain a high standard of economical and efficient workmanship and productivity and will continue to promote goodwill between the COMPANY and its employees.

Art. 16 Safety

The COMPANY will maintain satisfactory sanitary and healthful service quarters and facilities with proper lighting, heating, and ventilation; cool water drinking fountains in convenient locations; and a locker for each employee in a locker room. Suitable storage space will be provided for protective clothing in units whose operation is such as to require or make advisable keeping such protective clothing at the unit.

In all matters affecting the safety of employees during working hours the COMPANY shall maintain satisfactory working appliances, safe working conditions, and properly lighted and ventilated working places for all employees. The COMPANY shall furnish sanitary protective clothing or equipment such as gloves, boots, coats, and masks during such periods as employees are engaged in hazardous work; guards around arc welders; white coveralls as protective clothing to painters when such painters are using the spray machine; and protective clothing for sand blasters, including gloves, masks, and other necessary protective equipment. Prompt transportation and first aid for injured employees shall be provided in the plant at all times.

The UNION will support the COMPANY in its program for safety and good housekeeping and within thirty (30) days of a written request by the COMPANY, the UNION will provide the COMPANY with a panel of names from which the COMPANY will select at least two (2) employees to serve as members of Plant Safety Committees. In the event the UNION fails to provide the COMPANY with a panel of names, the COMPANY may solicit bargaining unit members to serve on Plant Safety Committees. The membership of this Committee shall be rotated in order that a large number of employees shall have a chance to serve on the Committee. The COMPANY shall provide at no cost to employees all protective equipment necessary to perform assigned work.

The Company and the Union agree that each will perform its proper function in promoting and maintaining safe working conditions and good housekeeping practices. The Site and the Departments may implement EH&S initiatives involving employee participation as individuals or on teams.

The existing Fatigue Guidelines Agreement will be superseded, and the parties agree to adhere to the COMPANY Fatigue Guideline Policy upon its implementation.

If safety issue is not resolved satisfactorily or an unsafe condition or situation exists where an employee considers departmental safety rules as unreasonable, the issue should be brought to the attention of the Department Leader by the employee or the steward. If there is no resolution, the employee or steward may request a final review of the problem by e-mail, addressed to the EH&S Delivery Leader with a copy to the Department Leader.

Art. 17 Replacement of Clothing

If an employee's clothing or shoes are damaged during the course of a job assignment, to such an extent that they become unsuitable for wear on future work assignments, during a period of time which is less than normal for such clothing, then such clothing shall be replaced with suitable clothing or the employee shall be authorized to purchase a replacement, and be reimbursed therefore. Reimbursement will be at replacement cost. It is the intent of the COMPANY that the practice of replacing such clothing shall be applied uniformly.

A. The COMPANY will pay $200 per pair of work boots. If an additional pair is needed within the year, consult with your leader.

B. The COMPANY is providing Fire Retardant Clothing ("FRC") for all employees.

Art. 18 Physical Examinations

A physical examination at COMPANY expense at the time of employment or at time of re-employment after a layoff will determine whether an employee meets certain minimum standards of health and physical fitness required for employment or re-employment. The examination after layoff will be made on COMPANY time. Subsequent examinations may also be used to assist an employee in improving their health and to enable the COMPANY to guard the health of its employees, such subsequent examinations required by the COMPANY shall be taken on COMPANY time. The physical examination will be given by a licensed physician retained by the COMPANY.

An employee who has been absent due to illness or accident will not be returned to their job without a statement from a physician selected by the COMPANY, or the employee's attending physician, that the employee is fully able to perform the duties of their job. The physical condition of an employee shall not be used for the purpose of affecting discrimination with regard to their retention or displacement. The physical condition of an employee will not be used to deny re-employment after layoff unless it can be shown that their physical condition is such that re-employment would constitute a hazard to the employee or to their fellow employees.

Art. 19 Discrimination

No member of the UNION shall be discriminated against, discharged or harassed on account of his or her participation in the UNION, nor shall there be, in the administering of this Contract, any discrimination against any employee because of a handicap, race, sex, age, creed, color, national origin, disabled veteran, or Vietnam era veteran, gender identity, and sexual orientation.

Art. 20 No Strike – No Lockout

During the term of this Contract, the UNION will not engage in a strike against the COMPANY. During the term of this Contract the COMPANY shall not cause or permit any lockout of employees, except as provided in Article 29, "Contract Period and Renegotiation."

Art. 21 Stewards

The UNION may designate, such designations made from any department in Operations and from any craft in Maintenance, stewards which shall not exceed a total of twenty (20) stewards. The stewards may call to the attention of their supervisor any question of working conditions that may arise in each department or craft and may be called upon to assist an employee or employees in the investigation and/or settlement of any disputes or controversies which may arise. The steward, when called upon to assist an employee in the discussion of a dispute or complaint with the supervisor, or in investigating a complaint called to the steward's attention by an employee, may leave his or her work area and go to the area where the dispute or complaint exists provided, (a) the steward has made arrangements with management to investigate the complaint, and (b) the steward does not interfere with the work in progress.

A Steward will be permitted a reasonable amount of time during working hours to investigate and assist in the adjustment of grievances and complaints involving those employees who they represent. The Steward shall inform the supervisor of their destination and of their return.

The COMPANY agrees that, when circumstances permit, the Labor Relations Supervisor or their designee will, prior to the discharge of any bargaining unit employee, make a reasonable effort to notify the employee's Plant Union Committee Representative or the Texas City Metal Trades Council.

Those Stewards of groups not represented on the Plant Union Committee may be allowed to appear before the Plant Union Committee provided the UNION Committee Chairman and the COMPANY Chairman agree to include the matter for discussion on or before the Friday before a regularly scheduled Plant Union Committee Meeting.

Art. 22 Grievance Procedure and Arbitration

Section 1: Grievance Procedure

It is agreed that any employee or group of employees may, through their representative, present complaints to the COMPANY. All such complaints must arise out of the terms or interpretation of any express provision of this Agreement.

Step 1. The parties should attempt to resolve the complaint themselves and utilize the available resources to do so. For example, the Steward may be consulted.

Step 2. A complaint which cannot be settled in Step 1 should be carried to the employee's steward. If in the opinion of the steward the complaint is a just one, the employee and the steward should confer with the aggrieved employee's Leader in an attempt to reach an equitable adjustment. If no agreement is reached then it will be judged a grievance and reduced to writing, setting forth all available facts, evidence known at that time and must reference the specific provision(s) of the contract which is alleged to have been violated. The grievance shall be written, dated and signed by the aggrieved employee or the steward and forwarded to Labor Relations by the UNION.

Step 3. Before scheduling the Step 4 meeting the COMPANY will share all available facts, evidence and data with the UNION that will be used to refute the perceived violation and will be discussed at the Step 4 meeting and the UNION will also share any additional facts in an effort to settle.

Step 4. The representatives of the UNION shall be a committee designated by the UNION and shall consist of two (2) members. The representatives of the COMPANY shall consist of two (2) Leaders from the COMPANY. The UNION may request a substitute if the grievance is from the manager's area.

All conferences between the COMPANY and the UNION shall be held during daily working hours, and the employees attending such meetings shall receive their regular rate of pay for any time lost. No grievance will be considered if not presented within thirty (30) calendar days from the date the grievance occurred.

Labor Relations will put the grievance on the agenda for the next available regularly scheduled grievance hearing meeting, which will be scheduled at least once a month. The COMPANY will schedule termination grievances first. The Grievance Committee shall render a decision on the grievance within two (2) weeks thereafter, unless otherwise agreed upon in writing.

Section 2: Arbitration Procedure

Any case that meets the requirements for submission to arbitration must be reviewed with the Site Leader or designee before presentation to the impartial arbitrator. This must occur within fifteen (15) calendar days of the UNION notifying the COMPANY of their desire to proceed to arbitration.

If the Grievance Committee cannot mutually settle any grievances that arise regarding employment terminations of non-probationary employees, or interpretations of this Agreement, the UNION may within thirty (30) calendar days from the grievance decision request to arbitrate such grievance. Upon receiving a timely filed valid request, the UNION shall request the Federal Mediation and Conciliation Service to provide the names of five (5) impartial persons qualified to act as arbitrators. The impartial arbitrator will be chosen from this list by the representatives of the UNION and the COMPANY by a method mutually acceptable to both parties. If no other method is acceptable, each party will alternately strike one name from the list until one name is left. The party striking the first name will be determined by lot.

No arbitrator has the authority to render a decision or to award any back wages, pay, benefits or other remedies or relief of any kind that conflict(s) in any manner with the collective bargaining Agreement, any other agreement between the parties, the COMPANY's benefit plans and/or applicable laws or regulations. Any decision of an arbitrator shall become final and binding as soon as the arbitration decision is rendered by the Arbitrator and no Arbitrator shall have the authority to reconsider or modify such decision.

Each party to this Agreement will bear its own expense pursuant to the presentation of its case before the arbitrator, but all other expense incidental to the arbitration proceedings will be shared equally.

The UNION and the COMPANY agree to request the arbitrator hearing the case to render a decision within thirty (30) calendar days after the hearing if no briefs are filed. In the event briefs are filed, within thirty (30) calendar days upon receipt of same.

Section 3: Discharges

If an employee is discharged, the COMPANY will, at the time of discharge, give the employee a written statement of the reason or reasons for the action taken. If the employee is not reinstated and the COMPANY and the UNION cannot agree that the discharge was justified, the matter may be appealed to Arbitration within not more than ten (10) days of the conclusion of the hearing upon written request of the UNION. The provisions of this Section 3 shall not apply to discharges of probationary employees.

Section 4: Plant Union Committee (PUC)

A. Members of the PUC shall consist of five (5) Union Representatives selected and appointed by the UNION. The five selected people or designee will be made available to attend the regularly scheduled meeting unless a Plant Emergency is taking place.

B. Meeting content will be issues that have been attempted to be discussed with the Department Leader/designee before being brought to the PUC meeting. Department Leader/designee will have the opportunity to resolve issues before they are discussed at the PUC meetings.

C. Meetings will be scheduled when mutually agreed to by both parties.

D. The PUC meeting may be held to discuss issues or concerns from either party. To ensure productive meetings and provide the relevant focus, the issues to be discussed should be clearly stated with a purpose, desired outcome and required preparation for each issue.

Section 5: General Provisions

Members of the PUC shall attend scheduled meetings with Plant Management and may visit in the plant when it is necessary to investigate and assist in the adjustment of a grievance. The PUC persons shall receive pay for scheduled work hours spent in such visits and meetings but not for the time so spent after a matter has been referred to Arbitration.

Special meetings, called by mutual agreement, between the PUC and the COMPANY at times other than a Plant Committee person's regular scheduled shift shall be paid for according to overtime regulations.

Time limits may be extended by mutual agreement between the PUC and Labor Relations.

Art. 23 Visits by Union Representatives

When in the opinion of the UNION or the COMPANY the counsel of a Business Representative of the Texas City, Texas City Metal Trades Council, is necessary to aid in the resolving of a grievance that has arisen, such Business Representative shall be permitted to enter the premises of the COMPANY, subject to the regulations governing visitors to this plant, during the regular office hours, and further provided that there is no interference with plant operations. The COMPANY may, if it desires, have one of its representatives escort the Business Representatives through the plant.

Art. 24 Bulletin Boards

The COMPANY will provide bulletin boards or space for the purpose of posting UNION meeting notices within the plant. Such notices may be posted by Stewards who will initial and date time of posting.

Art. 25 Eligible Benefits

The following benefits are provided by Dow Chemical to the hourly represented employees of Texas City Operations with the same programs, eligibility, terms and conditions, and legal descriptions as provided to non-represented employees. Employees covered under this agreement shall also be eligible for any similar benefit added by the COMPANY during the term of this agreement.

  • Dental
  • Vision
  • EE-Paid Life
  • Company-Paid Life
  • Dependent Life
  • Voluntary Group Accident
  • Reimbursement Accounts (FSA)
  • Company Paid BTA/OAI
  • Pension (DEPP/PPA FROZE as of 12/31/2023)
  • EAP
  • EE Savings (401K)
  • EE Discounts
  • Service Awards
  • Recognition Program
  • *LTD (portions are EE paid and Company Paid); same terms and conditions
  • Retiree Medical
  • Retiree Life
  • ESPP
  • Legal
  • Education Leave / Sabbatical Leave
  • Military Leave
  • Dow's Global Wellbeing Portal
  • Civic Duty and Engagement
  • Parental Leave & Adoption Financial Assistance
Art. 26 Common Skills Work

The COMPANY and UNION recognize that on occasion situations in production units or departments may arise that may affect safety or production continuity. In the event of an occurrence during an off-hour's maintenance time period or because of a lack of available Maintenance Craftsmen during normal work hours, hourly Operators may perform minor repairs during their normal scheduled work hours within their permanently assigned work area. These jobs shall be outside of the normal routine job tasks assigned to hourly Operators. This work shall not consist of any major maintenance work that is routinely assigned and scheduled to hourly Maintenance Craftsmen and shall not be scheduled on Master Task List. Work of this type should be able to be completed by hourly Operators with common hand tools (i.e. pliers, crescent wrench, screwdriver, etc.). If there is a question of safety by hourly Operators, the matter shall be referred to supervision or COMPANY EH&S personnel. If any concerns or questions involving this type of minor repair should arise, the matter shall be referred to the PUC for discussion by the COMPANY and the UNION. If the issue remains unresolved, the grievance process is always available.

Art. 27 Discipline

Whenever a supervisory employee places charges on an employee's record, a copy of such charges must be furnished to such employee, and any charges made against the employee may be referred by the employee to the Plant Union Committee for handling if the employee feels that the charges are unfounded or are not justified.

All charges placed on an employee's record, will be removed after a period of:

(1) Two (2) years for verbal and written,*

(2) Three (3) years for suspension or above.*

*Provided no additional charges are placed on the employee's record during that period. The time period will begin on the date of the incident.

The UNION or its representatives will refrain from solicitation for members or collection of UNION funds on COMPANY time or in such a manner as to interfere with production or the work of an employee.

Art. 28 Industrial Park (I-Park)

The COMPANY may, from time to time, restructure its business operations by the sale of assets, through a joint venture, by allowing a third party to construct assets on the site, or similar transaction. In the event of such transaction, the COMPANY has the right to identify bargaining unit employees of the COMPANY that may be eligible for an offer of employment by a new employer ("Newco"). Those identified employees that receive an offer of employment from Newco and that do not accept such offer will be considered a voluntary quit and not permitted to exercise their seniority to bump/displace another bargaining unit employee or a contractor.

In addition, the COMPANY may assign employees in the bargaining unit, on a temporary basis without regard to seniority, to provide training or other services provided by the bargaining unit to the owner(s) of such assets including their employees and contractors.

The COMPANY expects that Newco's wage rates will be the same or higher as those in effect at Dow immediately prior to the closing of the transaction, and the active employee health and welfare benefits (excludes pension, retiree health and welfare benefits), as in effect immediately prior to the close of the welfare benefit package is not substantially equivalent in the aggregate during the first year of employment, then the COMPANY agrees to pay to the bargaining unit employees, that accept employment with Newco, a lump sum payment representing the difference in that year. Should this payment be necessary, the lump sum would be payable six (6) months after the one (1) year calculations was made.

If Newco discontinues operations in Texas City and releases former Dow employees within two (2) years of the commencement of such operations, the impacted former Dow employees will be considered for re-hire by the COMPANY before posting externally for similar open positions. This will be honored for one year after the former Dow employees are released by Newco. Re-hiring shall be done based on the selection process. Such former Dow employees shall be notified by certified mail to the last address on record in the Human Resource files, with a copy of this letter sent to the UNION.

Art. 29 Dow U.S. Apprenticeship Program

Dow U.S. Apprenticeship Guidelines — Benefit Eligibility

Benefit Eligibility
Tuition and Books Coverage New Hire – Covered at 100%
401K Plan Participation After 12 Months of Service
Paid Holidays Apprentices do not work holidays
Personal Time Off (Vacation) New Hire – Earn 4 hours per month (No carryover annually or at if hired regular full time)
Military Leave New Hire – Per Dow Policy
Sick Leave New Hire = up to 3 days, if needed; January 1st (Beginning after year in which hired) = up to 5 days per year, if needed
Business Travel Accident Insurance New Hire – Per Dow Policy
Occupational Accident Insurance New Hire – Per Dow Policy
High-Deductible Medical Plan New Hire – Per Dow Policy
Basic Dental Plan New Hire – Per Dow Policy
Vision Plan New Hire – Per Dow Policy
Company Life Insurance (1x Base Salary) New Hire – Per Dow Policy
Health Savings Account (HSA) New Hire – Per Dow Policy
Limited-Use Flexible Spending Account (FSA) New Hire – Per Dow Policy
Dependent Day Care Reimbursement Account (DCRA) New Hire – Per Dow Policy

The COMPANY and the UNION agree that the site will follow the US Apprentice Program Wages, Pay Schedule, and Benefits Schedule at the Texas City, TX site. Any changes to US Apprentice Program Wages, Pay Schedule, and Benefits Schedule going forward will be provided to the apprentices per the NA Apprentice Program guidelines. The Terms and Conditions of the Apprentice Program will govern and cannot be grieved.

2025 Apprentice Rates, Effective April 28th, 2025

Job Profile Location Hire Rate 12 Months 24 Months 36 Months Post Grad 1 Post Grad 2
Apprentice CA, LA, TX $26.04 $27.02 $28.00 $28.97 $29.95 $30.93
Art. 30 Complete Agreement

The parties acknowledge that all letters of understanding, memoranda of agreement, agreements, and anything else that is not specifically agreed upon in writing or referenced in the CBA, at the time of the effective date of the new agreement shall expire, and shall be of no further force and effect upon the effective date of the new agreement. Exhibit "C" provides a reference of such agreements that will continue for the term of the Agreement.

Art. 31 Contract Period and Renegotiation

This Contract shall become effective as of the date of the signing of this Contract and shall remain in effect until June 7, 2030, and shall automatically continue for annual periods, beginning June 7 thereafter, unless written notice of desire to terminate or modify this Contract is given by either the UNION or COMPANY to the other party not more than ninety-five (95) days nor less than sixty (60) days prior to the expiration of any annual period. If such notice is given, negotiation shall begin promptly. If, pursuant to such negotiations, an agreement on the renewal or modification is not reached prior to the expiration date, this Contract shall expire at such expiration date unless it is extended for a specified period by mutual agreement of the parties.

Ex. A Exhibit A – Work Schedules

Schedule A-1-C: 12-Hour Shift

Shift A Shift B Shift C Shift D
I. Monday Day Off " "
Tuesday " Night Off "
Wednesday " " " "
Thursday " " " "
Friday Off Off Day Night
Saturday " " " "
Sunday " " " "
II. Monday " Day Off "
Tuesday " " Night Off
Friday Night Off Off Day
III. Monday " " Day Off
Tuesday Off " " Night
Friday Day Night Off Off
IV. Monday Off " " Day
Tuesday Night Off " "
Friday Off Day Night Off
Sunday Day " " "

Schedule A-7: Fixed Shift Work

M–F: Work (X)  |  Sat–Sun: Off (O)

Schedule A-10: 4/10 Schedule

Mon–Thu: Work (X)  |  Fri–Sun: Off (O)

Schedule A-11: Operations Distribution Operators

Rotating two-week schedule: Team A works 1st shift (7:00 AM – 3:00 PM) Week 1, then 2nd shift (3:00 PM – 11:00 PM) Week 2. Team B is the reverse. Mon–Fri work, Sat–Sun off.

Ex. B Exhibit B – Company Service Credit Rules

COMPANY Service Credit is based upon employment by Union Carbide Corporation and by any Subsidiary COMPANY of the Corporation. COMPANY Service Credit will be determined under the following rules:

A. In case an employee receives wages from some Subsidiary of Union Carbide Corporation, without interruption, the employee's COMPANY Service Credit begins as of the date such wages became effective.

B. An employee who has been credited with COMPANY Service Credit for one or more periods of prior employment but who had lost such credit because of being terminated, where such termination was for any reason other than for cause or resignation at the COMPANY's request, shall have such prior COMPANY Service Credit restored upon return to active employment with the COMPANY.

C. In case of absence caused by disability or absence-with-leave which is authorized by the local Management, employment will be considered as continuous without any deduction if it does not exceed three (3) months. However, in case such absence does exceed three (3) months, the period of absence in excess of three (3) months will not be considered as COMPANY service unless otherwise authorized by the local Management. If an employee who is thus absent fails to return to work when able to do so and at the time designated by the COMPANY, the employee will be considered as voluntarily terminating their employment and their COMPANY Service Credit shall end as of the date on which such absence commenced.

D. In case of rehire or reinstatement subsequent to discharge for cause or resignation at the COMPANY's request, credit will be given for service only since last date of rehire or reinstatement by the COMPANY, unless otherwise authorized by the local Management.

Ex. C Exhibit C – Guidelines / Side Agreements

The following Guidelines and Side Agreements continue for the term of the Agreement:

  • Board Adder Guidelines
  • Maintenance Fit for Duty Guidelines
  • Maintenance Overtime Guidelines
  • Non-Traditional Assignment Guidelines
  • Operations Fit for Duty Guidelines
  • Vacation Guidelines
  • Union Orientation with New Hires
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This document is for Texas City Metal Trades Council members only.
Unauthorized distribution is prohibited.
Dow / Union Carbide Contract · June 6, 2025 – June 7, 2030

IUOE Local 564

2120 N Brazosport Blvd.

Richwood, TX 77531

844-564-IUOE

979-480-0003

 

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