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TEXACO INDEP. UNION OF THE CORAOPOLIS TERMINAL V.

April 13, 1978

THE TEXACO INDEPENDENT UNION OF THE CORAOPOLIS TERMINAL BY HARRY R. LEWIS, TRUSTEE AD LITEM, Plaintiff
v.
TEXACO, INC., Defendant



The opinion of the court was delivered by: SNYDER

 The parties have filed Cross Motions for Summary Judgment in this proceeding brought by Texaco Independent Union (Union), representative for the bargaining unit at Texaco's Coraopolis Terminal, against Texaco, Inc. (Company). The Union seeks to compel Texaco to maintain the status quo ante pending arbitration of disputes over a series of unilateral changes at the Pittsburgh Plant as to the assignment of overtime work, the contracting of work traditionally done by union members, changes in work schedules, wages, hours and conditions, and the imposition of discipline for violations thereof. The Motions will be denied.

 The Collective Bargaining Agreement runs from June 1, 1976 through May 31, 1979. The Pittsburgh Plant is engaged in the receiving, distributing, and storing of petroleum products and employs truck operators, auto mechanics, warehousemen, compound testers, lab technicians, truck washers and greasers. The Agreement is styled "Union Agreement Between Texaco, Inc. (Marketing Department-US) Northeast Region and the Texaco Independent Union of Coraopolis Terminal Covering Truck Operators, Auto Mechanics, Warehousemen, Compounder-Testers, Lab Technicians, Truck Washers and Greasers at Coraopolis, Pennsylvania" and states:

 
"The Company, through its appointed representatives, will receive the bona fide representatives of the Union as the exclusive representatives of all of the said employees for the purpose of collective bargaining in respect to rates of pay, wages, hours of employment, and other conditions of employment."

 The Agreement also provides:

 
Ordinarily, such assignment [to duties] shall be within the classification which the employee is working.

 A work week is to be 40 hours, and no employee can be required to work for more than 16 continuous hours without a rest period of 8 hours. Time and a half is to be paid for hours in excess of the daily 8 hours scheduled, or in excess of 40 hours in any work week, or on Sundays, except that all hours paid for at time and a half for work performed in excess of an employee's scheduled hours are to be excluded in computing hours worked in excess of 40. Layoffs by the Company, "insofar as practical", are to be guided by the "ability and efficiency" of the employee involved, and to be "in the inverse order of their employment". Seniority begins after a period of 120 consecutive days of employment, and employees are grouped in six categories for purposes of seniority.

 As part of the Agreement, the Company reserves the right to discharge or suspend any employee for cause. If an employee believes himself to have been injured or treated unfairly by the Company by reason of the application of any of the provisions of the Agreement, he may (Article XII, mislabeled XIII):

 1. Within 15 days make a complaint to his immediate supervisor.

 2. If satisfaction is not obtained within 48 hours, refer the matter within 7 days to the Plant Manager, who shall render a decision within 7 days.

 3. Within 10 days of receipt of the decision of the Plant Manager, appeal to the Regional Manager of the Northeast Region who shall, within 10 days, render a decision in writing.

 4. If still dissatisfied, within 14 calendar days thereafter, notify the Regional Manager of his desire to submit the matter to a Board of Review setting forth the particular provisions of the Agreement which have allegedly been violated, "it being understood that the jurisdiction of the Board of Review is expressly limited to the application of the Articles of this Agreement." The Board of Review consists of a member selected by the grievant or his representative, one selected by the Regional Manager, and one by the two so selected. The two so selected jointly request the Director of the Federal Mediation and Conciliation Service to submit the names of five persons, two of whom are eliminated by each representative; the remaining person becomes the third member of the Review Board.

 The parties also make the following commitment (Article XI):

 
STRIKES AND LOCKOUTS
 
The employes shall, at all times, comply with the Company rules consistent with this Agreement, and shall perform their work efficiently and courteously and shall foster the Company's business. While this Agreement is in effect, the Company agrees that there will be no lockout and ...

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