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Exhbit C
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Case 3:07-cv-04956-SI
SERVICES
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Page 2 of 24
Coriam Inipeeaon
Analy!kal & Quality ServicllS
.l985Teal C",,"
Il8nlclo. CA 945 10
Telephone < I 707.746-5870
f.,..lmile + 1.707.746-ll6lr4
CONAMEAi
Memorandtun
To:
F~:
C
February 07 r 2000
Date:
R8:
AlternativeWorkweek Schedule
The Martinez RofiningCompany operates on several work schedules, including the 9/80 and 4/10 Alternate workweek schedules. These Alternate wodcweck schedules are a site-specific requirement as stated'in our current contract. [n order to comply, Conam Inspection is initiating the proposal of thesetwoAltcmateworkweekschedules to the·employecsassigncd to this facility.
A seet~tball~t wilt~ held'on February 23, 2000. A 213rd passing 'Vote l1lustbe obtained for t bese schedules to be implemented. A defmition of both schedlJJes will be provided.
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WITNESS: -1---- DATE: _ DEBRA M. NAKANO PERRY DEPOSITION OFFICER
FORID~NT ATIO ~0
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EXHIBIT
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CO 019342
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Case 3:07-cv-04956-SI
SERVICE5
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Page 3 of 24
Conam Inspection
An:alytial" Quility ServiCes
]985Te.1 Coun;
Benlcia;CA 94S"JO
Telephone + I 707·746-S870 facsimile + I 107.146-8664
CONAM·B;
Memorandum
To:
cc:
Conam ln$pcetion Employees assigned to the Martinez R.etming Company site
AccoLmtJng1Payr~li
Department
From:. Chuck Penley,. ~oenil Manager
Pate:
Re:
"February 24; 2000
Alternative Workweek Schedule
TIf order to comply with our client's requirements. Conamlnspection proposed to it's employet.'S lI3Signed at this facil ity, two Altematcworkweek schedu1es. A SecrefballtUwas'held on Febiuary23, 2000; A Wed p~.ing vote wliS.req;tiired for these scbeduIes to ~ implemented. The secret ballot was held for a total of 17 employees, and the r~lts were 16-1 in agreement.
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co 019343
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THE ALTERNAtIVE WO'RKWEEK SCfJEDlJLES
The 44regula.r-ly $che4uleDalterlllttivt wotkweek" mU8t provi4~fo" specified w(1J"kdliJ's and spec.ijli!d WQtk hours, ti;,d these workdllp tliId 'lIOi'k hours must be fIXed lind regularly. recurring.
.THE 4/lQ sClJEDULE
Thl: 4110 Schedule translates into four 10 hour days: (A) Monday through Thursday, ot
(B)Tuesdaythrough Friday.
EXAMPLE:
MONTUE
scl:i~dUle A
WEO THU
10
10
FRI
SAT
SUN TOTAL
1()
~ch~duJ!'I a;
10
10
10
off
off
off off
40
40
off 10
THE 9/80 SCHEDULe
10
off
The 918Q Schedule ~Iates into a total of nine days of work in an 80-hour period-five days One calendar week and four da.ys the f(:J'I1owhig: Caleildlif week. Eight of the shifts are nine hours and onc shift·is eighthows. Employees on this schedule would receive one extra day offpcr 80
A regulaily scheduled .alteri1ativ~·workWeek idopfedby *' secret ballot eleetiun cannot
hour pay period;
pro\'fde form~re· tban40bours ~eguJ.rJY ~c:hedu1e:d'W1tlrln a workwe.ek
.
Avoiding tbenec.essity Cor overtime payments in this situation reqlJ,ires a non-traditional method of defining workdays and workWeeb.Under the 9180scbedule. employerstItust }1egmtbe workweek for day shift CIIlployees between the fourth and fifth b.ours of work on any day ofthe week, and define the wo.tkW~kso that employees will nor be required to work more than 40 hours This means thtemployeewould worle some bours ofthc shift on one workday, and the remaining hOurs of that &bi~ Oil tbe next W'Qr~day.
On this-9/80Schedule. the workweek lUld workday begin ainoon on Friday and end at noon on the followlJlg Frl$y. The Wo.rkday b~gitls /lot noon On any given day and contiriues until noon the following day. ThiS alternative workweek sc;heduleis consistent and repeatable over every two week period~
EXAMPLE:
workweek 1 "-" = noon workweek 2
FRI SAT SUN MaN TUE WED THU FRJ TOTAL 5 off off off 6 5 4 5 off off o.ft 4 4 4 40 4 4 off oft 5 5 5 5 off 4 4 40 off off 4 4
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OVERTIME
An employee working under an altemative workweek schedule: a) shalf be pllid overtiine compeliSation at the rate of one and one-halftimes the employee's regular rate of pay for any work in excess of the regularly scheduled hours e~tab.1ish,.ed by tjlealtemative workweek agreement and'rot all hours worked in excess <:if 40 per week. . b) shall be paid overtime compensation at the rate of doubl~ the emplQyee's reguli!rrate of pay for all hoilrS worked in eX~S of 12 hours per day on schedtded workdays, alid for any work in excess of 8hoUTs on days worked other than regularly scheduled wurkdays. VACATION {SICK . Vacation and Sick hours used. in conjunction with hours worked in a day will not count towards the calculation of-daily overtime. JfOLJDAYS The first'l2 hOllt$worked on acIient.. recognize:Q holiday will be paid at one and one-halftime$ the the -employcc'sregulauate ofpay. See your Supervisor for a current list orclient~recognized
employee'S regbla,r nitecd'pay. All Ji.ours wQrked· in exeesSof 12 will be paid iit a meaf double
holidaYs;
CO 019345
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BALLOT SHEET
Febmary 23rd, 2000
J have read the company definitions concerning bOtb the Standard 40 hour work week
schedule and the
Al~emarive
work week schedule.
1. Again. the Alternative work schedule is defined as: ./ 9/80 shift - Nine day.s ofwork in a SO hour period, five days one calendar week and four days the fOUOW!h¥_ Eight (8) of the shifts are niot! hours and one(l) shift is eight hours etc. .,.., _4/10 schedule, working ten (10) hpursa day, four' (4) days a week either Monday thro4gh Thursday or-Tuesday through Friday_
These AltematiVe work schedules are a site-spedticrequrrememas stated in the current contract. A 2/3nl:.passiru~ \'ote must be obtained for the alternative schedule tb be implemented.
Personnel nOt aSsigned at the site, and called in occasionally will revert to the Conam
Inspection standard worlnveek.
Please cast your v.oteaccbrdi-ngly and retum to- the site supervisor.
_ _ _ YES, I agree to the Al t'eml;lti ve work schedules.
___ NO. I. do not agree to the Alternative work schedules,
CO 019346
Case 3:07-cv-04956-SI
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Exhibit D
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Case 3:07-cv-04956-SI
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CONAMe
Conam Location;
Martinez Refining Company
(tl :11\ !;ili'.r C! ~.<'ul~i.)n : MlIIlinCI. CA 94553 lelepholk: 925- 31,-3831 facsimile 925-313'3023
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Interoffice Memo
ATIN: CONAM PERSONNEL AT MRC
fROM: MIKE PRlCE
DATE: 1111/00
SUB fECI: AI. TERNArNE WORKWEEK.
All Conam employees working at MRC on a regular basis, should understand that the 40 hour work week rules have changed as of January I" 2000 To wor k an alternarive workweek, employees wor king this schedule must have a secret ballot for its acceptance 01 rejection. Before we all do this, why don't you take a minute to look at the schedules identified bellow. If the 9-80 schedule is acceptable to you . please follow the directions on the ballot sheet. Yow Supervisor win make the results immediately available to you A 2/3 acceptance is all that's required to implement the alternative schedule Date AB 60's Changes Take Effect · January 1,2000 for most California businesses · Delayed until July 1,2000 fora few induslJies (details below) Overtime Pay Requirements as of January 1,2000 · Time and a half fOl hours worked beyond eight in a workday; · Double time fOl bows worked beyond 12 in a workday; · Time and a halffol the first eight bows worked on the seventh consecutive workday in a workweek; · Double time for haws worked beyond eight on any seventh consecutive workday of a workweek · I ime and a halffor' haws worked beyond 40 in a workweek. · No pyramiding - once time is counted as overtime, it cannot be counted as oveItime under some other form of overtime For example, an employee works 12 hours Monday, Tuesday, Wednesday, and Thursday The employee must be paid four hours of daily overtime fOI all four days - 16 hours of daily overtime These 16 hours cannot be used again for purposes of calculating weekly overtime. The employee worked 32 hours of straight time and is not entitled to weekly overtime until after he/she has worked-40 stJaight time haws in the workweek It is important that employers define their workday (consecutive 24-hour period) and wOlkweek (seven consecutive 24-hoUl . s)
in ordel to determine when overtime pay is required If the employer does not designate a workday 01 workweek, D vrlJ begin the
workday at midnight and each workweek as beginning at midnight on Sunday and ending at midnight Oll Satwda
Note: Employees covered by collective bargaining agreements that pay premium rates fOI ovel time hours an least 30% more than
the state minimum wage are exempted from the new requirements
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FOR IDENTI
WITNESS~:-...r.J~~~.l.L---
DATE: -=..-J+.L:::2F~==.:~:--- DEBRA M. NAK NO PERRY DEPOSITION OFFICER
Conam Inspection Inc A suosidiury of Stave Icy Nurlh Americ
to .i
CO 006156
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Make-Up Time Will Be Available · Employees will be able to request time off fOi personal obligations and make up the time without the employe1 having to pay overtime; · Employee may work no more than) ) hours on another workday to make up the time off; · Time must be made up within the same workweek; · Employee must provide signed, written make-up time J·equest for each occasion; · Employers may not "eDcoU/age" 01 "solicit" make-up time requests; · Example: Employee requests 3 hours otlon Monday to go to a doctor's appointment. Employee then works II hows on
Tuesday (or an extIa hour each day on T'uesday, Wednesday and Thursday) without the employer having to pay overtime
· Employees on alternative workweeks as well as five eight how· days will be able to make-up time, under the above IUles.
Altcrnlltive Workweeks
· Employers will be able to present to employees the opportunity to vote to implement altemative workweek schedules (allows employees to work more than eight hours per day, up to 40 hours per week, without payment of overtime); · Requires a two-thirds vote ofaffected employees by secret ballot; · Employer may offer one altemative schedule 01 a menu of schedules from which employees may pick; · Limits the workday to no more than 10 hours; · Employees on alternative wOlkweek schedules may use new make-up time provisions; · Any hours worked outside the agreed-upon schedule are paid at time and a half,unless make-up time is used; · Employers must reasonably accommodate employees who can't or don't want to work the alternative workweek schedule; · Schedule must be reported to the state's Division oflabor Statistics and Research;
Enol'S in implementing or· conying out an alternative wOIkweek subject the employer to penalties for back overtime wages
· Employers may not reduce an employee's regular rate ofhow'ly pay as a result ofthe adoption, repeal or nuJlification of an
alternative workweek schedUle This prohibition applies to reductions in the regular rate of pay that ar·e implemented on or
after January I, 2000; it does not apply to any reduction-implemented pIior to JanualY I, 2000
· An employer who wishes to terminate an alternative workweek schedule can do so withour holding a repeal election, after providing reasonable advance notice to its employees Note: An employee weady voluntarily working a valid alternative workweek schedule as of July 1, 1999 (not mOle than 10 hours per day) may continue that schedule after January 1,2000 without overtime premiums iftbe employer approves a wrinen request by that employee to do so. However, alternative workweek schedules adopted pursuant to the five wage orders amended JanuaIy I, 1998 (Orders 1,4, 5, '7 and 9) - eliminating daily overtime - are nullified and may not be continued after January I, 2000 Additional In/ormation about implementing an Alternative Workweek is available in the Alternative WOlkweek Bulletin on this website. Liability for Fines New fmes will be imposed on employers who do not comply with new law · D1SE has clarified that individual employees (who do not formulate policies that lead to DOD-payment of required overtime)
will not be fined
· First offense: $50 per underpaid employee plus the amount of wages that were underpaid; · Second offense: $100 pel underpaid employee plus the amount of wages that were underpaid Additional Changcs/Cllirifications · "One day of rest in seven" requirement is met if employees jeceive the equivalent amount each calendar month (no
entitlement to one day off each calendar week);
· PliOi to AB60, employees who worked less than 30 hows in a week and less than six homs in anyone day oUhe week were
not subject to the seventh day premiwn pay. That exemption no longer exists The seventh day premium pay is required if the
employee works seven consecutive days in a workweek, regardless orthe total numbel ofhow's wOlked during that
workweek 01 dw ing any of the days dur ing that workweek
Full-time (40-hour) salaried non-exempt employee's regular hourly late is to be calculated as 1/40th of the employee's
weekly salary
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A luhsidiJ')· of Slill'dey ~JOJ1th Amer;e.
CO 006157
Case 3:07-cv-04956-SI
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MARTINEZ REFINING COMPANY
Alternative WorkWeek Exan1ples.
9 - 80 Under nOImal wOIking conditions, the 9-80 work schedule is in effect.. This schedule requires that the employee work 44 hours one week and 36 hours the other week. When this schedule is in effect, the following shall apply.
STRAIGHT TIME - 1st week 9 hours per day for Monday through ThUIsday and 8 haUlS Friday. 2 nd week 9 hours pel day Monday through Thursday (Friday is a day off). OVERTIME After snaight time shift, 1 ~ times your normal rate up to 12 hOUlS First 12 hours on SatUl day. First 8 hours on Sunday. All hours after J 2, Monday through Saturday. All hours after 8 hours on Sunday and including National Holidays.
PREMillM TIME
4 - 10's
STRAIGHT TIME - 10 hours per shift, Monday tlnough Thursday or Tuesday thmugh Friday. OVERTIME After stlaight time shift. 1 ~ times your normal rate up to 12 hours Filst 12 hours on Saturday. First 8 hours on Sunday.
PREMIUM TIME All hours after 12, Monday through Saturday AIl hOUIS after 8 hours on Sunday and including National Holidays.
5 - 8'8 Owing Turnaroundsand other specialty work assignments, the 9-80 schedule is replaced by a regular 40-hoUI workweek Whenever this occurs, the following shall apply.
STRAIGHT TIME - & hours per day, Monday through Friday. OVERTIMEAfter stIaight time shift, 1 Y2 times your normal rate up to 12 hours . First 12 hows on Saturday_ First 8 how's on Sunday.
PREMIUM TIME All hours after 12, Monday through Saturday. All hours after 8 hours on Sunday and including National Holidays
Conam InspeClion Inc /l. 5ubsidiar) Stavclcy Norlb America
or
CO 006158
Case 3:07-cv-04956-SI
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Page 11 of 24
CONAM-B?:
~
:onam l.ocation;
v1mtinez Refining Company
~Il/linez.
CA 94553
e1cphone 925-313-383J
lICSimilc 92;-J lJ-J02J
THE AL IERNATIVE WORKWEEK SCHEDULES
The "TegldaTly scheduled alternative workweek" must providejoT specified workdays and specified wOTk hours, and these workdays and work hours must beIlXed and regulaT~Y recurring, THE 4/1 0 SCHEDULE The 4/10 Schedule translates into four 10 hOUl days: (A) Monday thTOugh ThUTsday, or (B) Tuesday through Friday EXAMPLE:
MONTUE WED THU FRI
schedule A
SAT
off off
SUN TOTAL
off off
10
schedule B
10 10
10 10
10 10
off
40 40
off
10
THE 9/80 SCHEDULE The 9/80 Schedule translates into a total of nine days OfWOIk in an 80-hour period-five days one calendar week and foUl days the following calendar week Eight of the shifts are nine hours and one shift is eight hours. Employees on this schedule would receive one exu'a day offper 80-hoUf pay period.. A regularly scheduled altemative workweek adopted by a secret ballot election cannot pruvide for mar'c thaD 40 bOUfS regularly scheduled within a workweek Avoiding the necessity for overtime payments in this situation requires a non-traditional method of defining workdays and workweeks. Under the 9180 schedule, employers must begin the wOlkweek for day shift employees between the fourth and fifth hours of work on any day ofthe week, and define the workweek so that employees will not be required to war k more than 40 hours This means the employee would work some hours of the shift on one workday, and the remaining hours of that shift on the next workday On this 9/80 Schedule, the workweek and workday begin at noon on friday and end at noon on the following.h iday. The workday begins at noon on any given day and continues until noon the following day This alternative workweek schedu Ie is consistent and repeatable over every two-week period
FXAi'vWLE:
FRI SAT SUN MON TUE WED THU FRI
Cllnam Inspec,iol1 Inc
A sUbsiLliury or Swn:lcy l-:or1h America
TOTAL
CO 006160
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Document 29-5
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40
Page 12 of 24
workweek 1 = noon
workweek 2
off off 4
off off off off
off off off off
5
4
5
4
4
off
5 4
5 4
5
4
5
4
40
OVERTIME
An employee working under an alternative workweek schedule:
a) Shall be paid overtime compensation at the late of one and one-halftimes the employee's regular rate orpay fOJ any work in excess ofthe regularly scheduled bours established by the alternative workweek agreement and fOI all hours worked in excess of 40 per week. b) Shall be paid overtime compensation at the late of double the employee's regular late of pay for aU hours worked in excess of 12 hours per day on scheduled war kdays, and for any work in excess of 8 hours on days worked other than regularly scheduled war kdays. VACA nON / SICK Vacation and sick hours-used in coqjunction with hours worked in a day will not count towards the calculation of'daily overtime HOLIDAYS The first 12 hours wOlked on a client-recognized holiday will be paid at one and one.halftimes the employee's regulal rate ofpay. All hours worked in excess·ofl2 will be paid at a rate of double the employee's regulanate of pay See your Supervisor for a current list of client-recognized holidays
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Cunum Inspeclion Inc A subsidiary of SI3Vc!Cy N0rt11 AnwriCol
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CO 006161
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Case 3:07-cv-04956-SI
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Exhibit E
Case 3:07-cv-04956-SI
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CONAM 1& ES
EMPLOYEE MANUAL
~ EXHIBIT £j (?:Q- ()
FOR 11:1 WITNESS: _~I"'-(2 ...... 1JJ-,- _ _ DATE:'" ..0 z.; DEBRA M. AKANO PERRY DEPOSITION OFFICER
IDENT~Y()~
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CO 019347
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VH. TIME AND ATTENDANCEIRELATED PAYPOUCIES
The nature of CONAM I & ES' business dictates that CONAM I & ES always remain open fOT business Our clients ES to support them 24 hows a day, 7 days a week, 36S days a year. This is the nature of the worl: employees an: expcc:ted to pClfonn at CONAM l.las. From time to time, employees arc asked to report to work al various start times (morning, evening or night). In addition, employees are sometimes asked to work at mous starting times on very short notice. On some occasions, employees an: required to work ov=timc and, perhaps, to do so on short notice. CONAM I & ES understands the Inconvenience of this to the pcrsonallives of Its croployees and will try to minimize thls Inconvenience; however, it is a ncccssary pan of our business
expect CONAM I &
A. Work Schedules
Your worit schedule is dct.crmined at the time you an: hired and may change depending on yOIll departmcrit's business needs. Your supcJv!sor should review with you the depmtmcnt's scheduling needs periodically. Changes to the schedule may be made as nceess&lY Yow supervisor should keep you informed ofDIIy schedule changes, including any ovcrtlme needs Yow' understanding and cooperation in meeting wOIk schedules in your department arc important to maintaining a productive wode envirOnment
Standard Work Week Forty (40) hours pcrweck shall constitute the SllIndard workweek Shifts shall be established, as business needs dictate. The workweek commcnccs at 12:0 I a m. On Monday and ClXlCllds rhrough 12:00 midnight OIl the next Sunday Yau will be notified if yow locatioll foUows adi1ferent Standard Workweek than described
~~
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Exc:llaDlbJg WOJIt Schedules Exchanging wOIk schedules with other employees is not allowed without prior authori7.ation by the supervisor involved. Ifit is necessary to exchange schedules, notify your supervisor who may author izc the
exchange if possible. Work schedule exchanges will not be approved forll\ClC convenience ofifthc exchange
will result in a diSluptionof or interference with normal operations Dr- will resu1t in excessive overtime
B. Brub
rime away from your desk or worlcstaticindwing each worlrday is important You arc encouraged to take a lunch
break However, to ensure that workflow is not disrupted In yout area, hmch breaks sbould be scheduled with your
super¥iiibr Llinch boot considered. time worked. Additional breaks IDa)' be sc:bcdulcdat the discretion ofyour
supervisor andln Iicc:ordance with applicable stale laws.
C. Overtime
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Overtime is paid in accordance with ail applicable fedc:lal and state laws It may vary by state. It may also vary by customer preferenee only to the extent that it supercedes applicable laws
D. Call-in-Pay
Ifa non-exempt or hourly employee is called into work _ the specific request of a supervlSOt. the employee shall be paid as required by state law.
Eo ReportIDg ~me WOlked
Every Don-cx.cmpt (hourly) employee Is responsible for completing a timecard or lime sheet to report haulS wOlked during each pay period. lhis time reporting form is a legal document. Each employee is authorized to report only hislhCl own hours and to sign only hislher own time reporting form. Altering Or fiI1sifying a time reporting rorm, lncludlDI reporting haulS for another employee. Is cause for- corrective action up to and including termination. Employees who work on a C1lstomCT's premises, or as a contracted or sub-contracted employee, must have their time reporting fOlms signed by a customer repn:scntative
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F. Payday
Dut ing a YC8l. the company ~ 26 payday~. on alternate Fridays Ifa regulaJIy scheduled paydlly falls on a holiday, employees will be paid on the preceding WOllcday.
Wages are paid by check 01 direct deposit All legal, voluntary and involuntary deductions are shoM! on the check stub or voucher Your paycbcclc will Dot be delivered to anyone other than you or your supervisor unless you request in Wliting to your supervisor that the cbcck be released to someone else. Picture identification may be required before the paycheck is released. Uyou are absent on payday, your check will ~e mailed to your home address unless you have made other amugements in wIlting to your supervisor. G. Absenteeism aad Tardlaeu
It is Impoltaat that every employee report to work promptly at the time scheduled by their supervisor Employees arc expected 10 report to wOlk as scheduled, OD time and prepared to work. Employees arc also expected to remain lit worle: for their entire work schedule, except for meal periods, brealcs or when you are required to leave on authorized Company business. lac arrivals, early departures or other absences liom scheduled houn arc disruptive and must be avoided
When you bow you arc going 10 be IaIe or absent, you must personally call your supervisor Your absence or tardiness must be rcpotted directly to your supervisor or other desipated personnel. at least one ho~ prior to the start ofyour shift. Uyou call In less than om: hour before the start ofyour shlfl, you will be considered tardy for that day. In all cases of absence or tardiness, employees must provide1hclr supervisor with an bonest reason or explanation Employees must also inform their supervisor ofthe expected durBtion of any absence You must call in on any day you are scheduled 10 wod:. and will not report to wOlk Unroportedm unexcused absences may be documented by corrective action. Unreported or UIJCl(cuscd abSences may be documented. by corrective action up 10 and including termination'of employment See the Paid Tlmc Off' policy elsewhere in this Handbook for futther information.
lJYOIIftIll '" ,.""d to lIWk wlf/uJrIt IIDtfbbrg yOllT "'pmUOI MIIytJIU ~ condlUlafor II period 01 t1U'ftc dayJ, tll~ ConqNurp will consideryOIlIlll hllJllng mlgnu.yoIl" DffJI'oymort.
m"'lItlII'IIy
B. Paid rune Off
CONAM I &: ES recognizes the need fot employees to have paid time oft from worle. for rest and relaxation, and ocasionally fortha illness or Injwy ofthe emplOyee or legal dependent oftbc employee Paid lime Oft(P10) providcsyou with paid time away from YOUljob. You can usc PlO for vacation days, sick days for you and your fiunily, or for any penonal or fiunily matters that require you to take time oft work PTO is your time to manage and use as you appropriate.
=1
Upon entering. the regular full-time employment classification, an employee begins to earn Pro IKcordlng to the accrual rate listed below Before PTO can be used, the empJoyee must complete 90 calend81 days After that time, the employee can request use ofcarned PTO including the time accrued dwing the waiting pctiod
.P'IO hours will be IICCJUed on a per pay period basis for employccs.actively at work Employees on short~term or long term disability will not IlCmIC POlO hours All PTO must be used before any unpaid time offcan be granted. At no time shall an employee heve a negative balance in the PTO account, unless approved In advance by the President Employees begin accruing at the higher acmal rate on the pay period that their anniversary date falls,
PIO hours will accrue on a per pay period basis at the rate shown On the table below:
years of Service Hire through S 6 through IS 16plus
Accrued Rate 5.23 hours 677 hours 831 hours
~arned
in 12 months
120 hours = 17 days
J60 hours - 22 days . 200 hours = 27 days
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CO 019361
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Exhibit F
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bp West Coast Products LLC
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Contractor: Employee Name:
CONAM INSPECTION
bp Coordinator: Ron Clarkson Work Description: £.'(,
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Case 3:07-cv-04956-SI
Document 29-5
Filed 08/01/2008
Page 19 of 24
Exhibit G
-
Case 3:07-cv-04956-SI
CONAM INSPECTION INC.
Document 29-5 Filed 08/01/2008 bp West Coast Products LLC
Page 20 of 24
Contractor:
Employee Name:
DatI:!
CONAM INSPECTION
bp Coordinator: Ron Clarkson
Work Description: RT Asstistant
'1:im~
Steve Taylor
Craft
Job Number: 53797/46374
,
6/612005
Chi~s
'Out. '
Total 5T Hrs 'I-Irs
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o'S~J 0.5.'
. T.S.No.
COMMeNTS
bflica uS,a only
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28125 28125 28125 28125 28125
RT Assistant
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6:00
1630
617/2005
6/812005 6/9/2005 6/10/2005
RT Assistant I 6:00
I RT Assistant
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6:00 6:00 6:00
RT Assistant
~o
1~ 6 6 ....
12 12 10
81/
1830
I RT Assistant I
I 1830
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Case 3:07-cv-04956-SI
Document 29-5
Filed 08/01/2008
Page 21 of 24
Exhibit H
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Case 3:07-cv-04956-SI
Document 29-5
Filed 08/01/2008
Page 22 of 24
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MISTRkS
'. A World
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Solutions
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MISTRAS GROUP Services Division (Non-Union)
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Employee Policy Manual
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This manual specifically supersedes and replaces all previous employee manuals, manuals and policy statements, whether oral or written. or evidence in practice, issued by MISTRAS GROUP and its companies (CONAM I & ES and QSL Plus) effective August 1, 2006 Recent Modifications Vacation Policy Family and Medical Leave (FMLA) Sick Leave Short Term Disability
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Exhibit Previously Marked
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CON0267
Case 3:07-cv-04956-SI
Document 29-5
Filed 08/01/2008
Page 23 of 24
(
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Consistently late for work, whether It be for a field job or work in the Jab or office. Punctuality is a major selling point In our business In order for us to offer punctuality to our cu~tomers, we must insist on it from our employees. Intentional and Improper use of radiation or radiaUon safety eqUipment, or other chemicals or equipment NOT complying wtth the company and/or customer safety regulations. Neglecting Job duties and responsibilities or refusing to take or perform a work assignment Failure to comply with the company's Fitness for Duty policy. Sexual, vernal or physical harassment of a co-worker, supervisor, or third party. Interfering wIth the performance of other employees or supervisors Engaging or participating in any unlawful interruption of work. Insubordination to a supervisor. Causing a substantial loss.
Altering any time card or punching another employee's time card.
. Absences from work without appropriate notice or supervisor approval Bringing firearms, IntOXicating beverages or DIe gal drugs on the premises. Possessing, selling or abusing or b~ing under the influence of any Illegal drug or controlled substance while
at work or on work time.
Defacing company property or property of our clients.
Removing from company premises any company property, records or other materials without proper
authorization.
Vlolallng any company policy, including the company no solicitation and distribution poliCy.
AssaUlting an employee, supervisor. or customer or other acts of Violence. GambHng on company premises or whOe conducting company business. Use of company property of customer information for personal benefit. Physical and/or verbal threats or abuse directed at an employee, supervisor, or customer. Falling to Immediately report an accident or damage to MHG customer property Providing any type of service or consultation In confflet or competition with the Company's interests.
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This list of unprofessional conduct Is not intended to be a"..lnc)uslve. MHG reserves the right to determine whether other conduct not Iiste9 above may warrant accelerated corrective action or immediate tennlnatlon.
VII. TIME AND A ITENDANCEIRELATED PAY POUCIES
The nature of MISTRAS Holdings Group: Services Division' business dictates that we always remain open for business Our clients expectMHG to support them 24 hours a day, 7 days a week, and 365 days a year. This is the nature of the work employees are expected to perfoITTl. From time to time, employees are asked to report to work at various start times (morning, evening or night). In addition, employees are sometimes asked to work at various starting limes on very short notice. On some occasions, employees are required to work overtime and, perhaps on short notice. MHG understands the Inconvenience of this to the personal lIves of Its employees and wDI try to minimize this Inconvenience; however, It Is a necessary part of our b.usiness
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A. Work Schedules
Your work schedule is determined at the time you are hired and may change depending on your department's business needs Changes lo the schedule may be made as necessary Your Supervisor should keep you [nfunned of any schedule changes, including any overtime needs. Your understanding and cooperation in meeting work schedules in your department are important to maintaining a productive work environment Standard Work Week .
Forty (40) hours per week constitutes the standard workweek. Shifts will be established, as business
needs dIctate. The workweek commences at 12:01 a m. on Monday and extends through 12:00
midnIght on the next Sunday You will be notified if your location follows a different Standard Workweek
than described above.
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CON028E
Case 3:07-cv-04956-SI
Document 29-5
Filed 08/01/2008
Page 24 of 24
Exchanging Work Schedules Exchanging work schedules with other employees is not allowed without prior authorization by the supervisor involved. If.it is necessary to exchange schedules, notify your Supervisor who may authorize the exchange Work schedule exchanges will not be approved for mere convenience if the exchange will result in a dIsruption of or Interferer:lce with normal operations orwlll result in excessive overtime,
B. Breaks
Time 8NBY from your desk or workstation dUring each workday is important You are encouraged to take a lunch break, However, to ensure that workflow Is not dIsrupted in your area, lunch breaks should be scheduled with your supervisor. Lunch is not considered time worked. Additional breaks may be scheduled at the diSQl"etion of your supervisor and in accordance with applicable state laws. .
C. Overtime
Overtime compensation is paid to all nonexempt employees in accordance with federal and state wage and hour restrictions at the rate of 1-% times straight pay. Overtime pay is based on actual hours wOlked,. Overtime Is paid for hours worked over 40 in. the same work week according to Federal Law, unless State laws dIctate otherwise. TIme off from scheduled vacation leave, sick and/or holiday, jury duty and bereavement will not be considered hours worked for purposes of performing overtime calculations. Double-time provisions are regulatetl by the State the employee works in and/or according to customer agreements Please note: If an employee accepts a temporary position In another state or another office, that employee will be guld~d by all state lind federal overtime rules by their work state or which ever overtime laws are employee favorable. Work state for purpose of definition is the state of where the employee's home office is located in.
D. Reporting Time Worked
Every non-exempt (hourly) employee is responsible for completing a timecard or time sheet to report hours worked during each pay period. ThIs time reporting form Is a legal document. Each employee is authorized to report only hlslher own hours and to sign only his/her own time reporting form. Altering or falsifying a time reporting form, incll;:ldlng reporting hours for another employee, Is cause for corrective action up to and including lannination. Employees, who work on a customer's premises or as a contracted ·or subo-contracted employee, must have their time· reporting forms signed by a customer representative. AIl overtime must be sUbmitted to the employee's home office no ,later than Monday at 3:00 PM ET of a pay week. If overtime is submitted late, overtime will be paid on the follOWing pay period
E. Payday
Payday Is normally on every other Friday for services performed during the two (2) week period ending the preVious Sunday at 12:00 midnight. If a scheduled holiday falls with banking holiday, employees will be paid o'n Ihe preceding workday. For QSL Plus non-union employees, the pay day will change to a bi-weekiy, paid on altemate Fridays starting in Janua~ 2005.
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Wages are paid by check or direet deposit All legal, voluntary and involuntary deductions are shown on the check stub or voucher Your paycheck will not be delivered to anyone other than you or your supervisor unless you request in writing to .your supervisor that the check be released to someone else_ Picture Identification may be required before the paycheck is released.· If you are absent on payday, your check will be mailed to your home address unless you have made other arrangements, in writing, to your supervisor..
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CON0287i
United States Free Forms
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United Kingdom Free Forms
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