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USW Local 1999 / Vertellus August 3, 2016
Brothers & Sisters:
As you know your Union Negotiating Committee met with the Representatives of the Company Tuesday & Wednesday. With the fact that the Company has filed Chapter 11 Bankruptcy the Company’s Last, Best and Final offer does not contain positive gains for the membership.
The proposed three (3) year agreement contains some protections from the bankruptcy. There is wage freeze in year 1, a 1% increase in year 2 and a 2% increase in year 3. The pension plan will be frozen and could still be terminated and taken over by the Pension Benefit Guaranty Corporation (PBGC). There are one time 401K contributions ranging from $3,000 to $10,000 based on years of service for employees at least age 55. The only healthcare options are the VALUE PPO with a $100 Spousal surcharge and a $50 Tobacco surcharge and the HSA.
The Company is proposing to delete language that protects jobs in the Agricultural and Nutritional Units. This will result in the permanent layoff of approximately 43 bargaining unit employees. The Company is also proposing changes to the layoff language that requires employees to be “Qualified” in order to exercise seniority bump rights.
The Company is offering severance packages to affected employees of 1 week of pay per year of service up to 20 years and 2 week’s pay per year of service over 20 years. The proposal includes a minimum of 4 week’s severance pay. Affected employees are eligible for 2 to 12 months of COBRA health insurance with the employee paying portion of the premium.
There is a ratification bonus of $2,000 for members of the Bargaining Unit on October 4, 2016. Employees permanently laid off prior to October 4, 2016 would not be eligible the bonus. Your Union Negotiating Committee Unanimously Does Not Recommend the Company’s last best and final offer. Once again, the Union Negotiating Committee does not support the proposed changes to the contract and Unanimously Recommends We Reject the proposed three (3) year Agreement. Members of your Negotiating Committee will be available in the plant to answer questions.
There will be a ratification vote at the Union Hall, 218 S. Addison St. Indianapolis, IN 46222, on Friday, August 5, 2016. The polls will be open from 6:00 am to 6:00 pm.
There will be 4 meetings at the Union Hall on Friday, August 5 at 8am, 11am, 2pm & 4:30pm. Your Committee will be available at the hall all day on Friday, August 5 to answer questions for those who do not come to one of the scheduled meetings. Of course, as always, the final decision is now up to you.
In Solidarity,
YOUR NEGOTIATING COMMITTEE
Jud Bowman Unit President
Todd McClure
Unit Vice President
Doug Musson Committeeman
Management's 4th Proposal (Best & Final), 8/3/16, 8:45 p.m.
Yellow=Changes in 2nd Proposal
Green=Changes in 3rd Proposal
Blue=Changes in 4th Proposal Indianapolis
822016-930 I\10660558.7
VERTELLUS SPECIALTIES, INC.
AND
UNITED STEEL, PAPER, and FORESTRY, RUBBER, MANUFACTURING,
ENERGY, ALLIED INDUSTRIAL and SERVICE WORKERS
INTERNATIONAL UNION, AFL-CIO-CLC and LOCAL 1999
AGREEMENT TO MODIFY CURRENT COLLECTIVE BARGAINING AGREEMENT
AS A RESULT OF CHAPTER 11 BANKRUPTCY AND SALE OF ASSETS
Section 1—Preamble
This Agreement, entered into the 7th day of August, 2016, is by and between VERTELLUS
SPECIALTIES, INC., (hereinafter designated and referred to as "Company"), and the UNITED
STEEL, PAPER, and FORESTRY, RUBBER, MANUFACTURING, ENERGY, ALLIED
INDUSTRIAL and SERVICE WORKERS INTERNATIONAL UNION, AFL-CIO-CLC on
behalf of its LOCAL UNION NO. 1999 (hereinafter designated and referred to as "Union"),
through their duly authorized representatives. The Company and the Union agree that they have
both bargained in good faith in all matters relating to this AGREEMENT TO MODIFY
CURRENT COLLECTIVE BARGAINING AGREEMENT AS A RESULT OF CHAPTER 11
BANKRUPTCY AND SALE OF ASSETS ("Agreement"), and agree to be bound by the following
terms and provisions of this Agreement. In light of this Agreement, the Company shall waive its
right to petition for relief pursuant to Section 1113 of the Bankruptcy Code, 11 U.S.C. § 1113,
upon ratification of this Agreement and the modified bargaining agreement as set forth herein.
This Agreement is intended by the parties to accomplish both the modification of the
current collective bargaining agreement to make such collective bargaining agreement acceptable
to the Purchaser of the Company's assets pursuant to Chapter 11 bankruptcy (as set forth in
Sections 2, 3, 4, 5, and 6.B. of this Agreement) and to establish the appropriate procedures and
severance for certain reductions in the Company's workforce (as set forth in Sections 6.A., 6.C.,
6.D., 6.E., 6.F., 7, and 8 of this Agreement). The agreements contained in Sections 2, 3, 4, 5, and
6.B. shall be reflected in the successor collective bargaining agreement. Sections 6.A., 6.C., 6.D.,
6.E., 6.F., 7, and 8 will not be reflected as modifications to the collective bargaining agreement,
but are understandings pursuant to this Agreement. The Company shall assume this Agreement
and the obligations arising hereunder and assign the Agreement to the Purchaser.
Section 2 – Duration of the Collective Bargaining Agreement
The current Collective Bargaining Agreement between the Company and the Union, by its
terms in effect from September 1, 2013 through October 4, 2016, is acknowledged as remaining
in effect until the earlier of 11:59 p.m., October 4, 2016, or the final closing date of the sale of the
Company's assets ("Closing Date"), except and unless modified on an earlier date specifically
indicated herein. The parties' successor Collective Bargaining Agreement, including the specific
modifications identified herein, will go into effect on the "Effective Date" which shall be the earlier
of October 5, 2016 or the Closing Date (with the exception of any provisions of this Agreement
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which have an earlier effective date). The successor Collective Bargaining Agreement will remain
in effect until 11:59 p.m., October 4, 2019.
Section 3—Wages
Effective with the Effective Date, each of the employee Labor Level wage rates reflected
in Appendix A of the current collective bargaining agreement will remain the same as the rates
identified as being effective as of September 1, 2015. Such wage rates will not be increased until
the first payroll date following October 4, 2017, at which point each of the employee Labor Level
wage rates reflected in Appendix A will be increased by 1%. On the first payroll date following
October 4, 2018, each of the employee Labor Level wage rates reflected in Appendix A will be
increased by 2%.
The Company agrees to pay to each employee who is a member of the bargaining unit on
October 4, 2016, a ratification bonus of $2,000.00, less taxes and other required deductions and
withholdings on the first payroll date thereafter.
Section 4—Pension and 401(k) Plans
Article XIII, Paragraphs A through C, of the current Collecting Bargaining Agreement
shall be removed, and any other provisions of the current Collective Bargaining Agreement
referring to the Pension Plan shall be deleted. As participants currently accruing benefits under
the Pension Plan will not be employed by an employer covered by the Pension Plan after the
Effective Date, they will not accrue any further benefits under the Pension Plan after such date.
The Company or the Pension Benefit Guaranty Corporation ("PBGC") may (i) terminate the
Pension Plan in accordance with applicable law, with the termination taking effect as of the
Effective Date, as defined above, such earlier date as required by the PBGC, or such later date as
the Company deems appropriate and approved by the PBGC, or (ii) freeze the Pension Plan as of
the Effective Date and transfer sponsorship of the Plan to an affiliated member of the Company's
controlled group.
Effective on the next payroll date following the Effective Date, pursuant to the existing
401(k) Plan for which Pension Plan participants are eligible, the Company shall make a one-time
contribution to the 401(k) Plan on behalf of the Pension Plan participants employed by the
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Company on the Effective Date who are also 401(k) Plan participants, who meet the following
conditions:
If the participant is at least 55 years of age on the date of ratification of this Agreement and
has at least 30 years employment length of service (as reflected by the Hire Date on Exhibit
A): $11,000
If the participant is at least 55 years of age on the date of ratification of this Agreement and
has between 20 and 30 years employment length of service (as reflected by the Hire Date
on Exhibit A): $8,000
If the participant is at least 55 years of age on the date of ratification of this Agreement and
has between 10 and 20 years employment length of service (as reflected by the Hire Date
on Exhibit A): $6,000
If the participant is at least 55 years of age on the date of ratification of this Agreement and
has between 5 and 10 years employment length of service (as reflected by the Hire Date on
Exhibit A): $4,000
Section 5—Health, Dental, and Vision Coverage
The following language shall replace Article XII (Insurance):
Section 1 - Health Plan
The company reserves the right to make reasonable changes in the health, dental, life and vision
plans annually. The company will meet and discuss these changes with the union prior to their
implementation.
Section 2 - Co-Pay Provisions
The employees and the Company will share the cost of the insurance. The employee share of the
cost towards this coverage will be based on the following:
Value PPO With
Wellness
Participation
1st year employee will
contribute
23% 18%
2nd year employee will
contribute
24% 19%
3rd year employee will
contribute
25% 20%
The employee contribution will be paid with pre-tax dollars pursuant to the Company's Section
125 Plan. The employee's contribution will be deducted on a weekly basis. Premiums are adjusted
annually, on January 1st. Therefore, the employee's contribution will be adjusted on each January
1st. In the event that the tax laws change and the Section 125 Pre-Tax method of paying the
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insurance premium is no longer permitted, the employees' share of the premium will revert to 10%
of the premium on an after-tax basis.
The company reserves the right to make changes necessary to the health insurance as implemented
by new health care laws.
Section 3 - Alternate Health Plan
The employee will have the option to join any plan authorized by the Company as an alternative
to the Health Plan described in Section 1 of this Article. The employee share of the cost will be
the same as described in Section 2 of this Article.
Section 4 - Specific Coverage
The specific coverage’s are defined in the actual Policies provided by the Health Care Companies,
and these coverages will be available to employees when they enroll in a specific plan or change
plans on an open enrollment date.
The company agrees to provide “same sex spouse” benefits and has the right to promulgate
reasonable rules regarding such benefits.
Section 6—Unit Product Shutdowns
A. The Company anticipates that during the term of the successor Collective
Bargaining Agreement, certain products made within the Cyano Unit (Plant 41), the Amide Unit
(Plant 38), and the 2, 3 DCP operations (a portion of the Specialty Chemicals Unit) will cease
production and the jobs associated with such production in those Units will be permanently
eliminated. For purposes of these Unit Product Shutdowns (which, for purposes of this Agreement,
means any reduction in the bargaining unit workforce occurring from the Effective Date of this
Agreement through and including December 31, 2016), permanent reductions in the workforce
shall be implemented according to the provisions of this Agreement, notwithstanding any other
provision or provisions contained in the Collective Bargaining Agreement.
B. Article III of the Collective Bargaining Agreement shall be modified to strike
certain language from Paragraph 6 as follows:
Paragraph 6: There is no restriction on the Company's right to have any products it
currently or may in the future manufacture at its Indianapolis plant manufactured, in whole
or in part, at other Company plants or facilities, or at plants and facilities operated by some
other entity. However, the Company may not divert or discontinue production of
agricultural and nutrition products being manufactured at the Company's Indianapolis plant
on the date this Agreement is executed if it will cause the lay-off of Chemical and/or
Environmental Operators directly employed manufacturing those agricultural and nutrition
products unless the diversion or discontinuance is necessitated, in whole or in part, by
inadequate demand for such products, a catastrophic event, government regulation, or any
event beyond the control of the Company, such as, but not limited to, the inability to acquire
raw materials, energy shortages, transportation problems, etc.
- 5 - I\10660558.7
C. As job eliminations occur pursuant to the Unit Product Shutdowns, an employee
whose position is eliminated may exercise his or her bumping rights pursuant to Article VII
("Seniority"), Section 5 of the current collective bargaining agreement, so long as the employee
who is bumping the least senior employee is "qualified" to perform the work. For purposes of this
Agreement, an employee will be considered "qualified" to perform any job for which he or she has
been determined to be capable of performing, as shown on Exhibit B, attached hereto and
incorporated herein, and all employees shall be considered "qualified" to perform any bargaining
unit packaging job in the Shipping/Packaging Unit. The parties understand and agree that the jobs
within the Units where production will be eliminated may change as the Unit Product Shutdowns
proceed and that the Company retains the right to assign employees to do the work available within
those Units, regardless of their seniority or job preference. Employees will be paid at the rate of
the job to which they are assigned. All employees remain subject to the performance standards of
the job to which they are assigned.
D. Any employee whose job is eliminated pursuant to Unit Product Shutdowns after
the Effective Date, is eligible to receive a severance payment based on the formula described
herein, subject to the following conditions:
1. The employee must actively work in his or her assigned Company position
or on an approved leave of absence until such time as the position is eliminated by the
Company; and
2. The employee cannot quit, retire, or be discharged for just cause at any time
after the Effective Date; and
3. The employee cannot exercise any bumping rights described above to bump
any other employee within the bargaining unit; and
4. The employee must agree to, sign, and not revoke a separation and release
agreement in a form acceptable to the Company.
If the above conditions are met, the employee will be eligible to receive severance
pay and COBRA benefits according to the following formula (less taxes and other required
deductions):
1. One (1) week worth of pay (at the employee's regular straight time rate) for each
year of continuous service with the Company up to and including 20 years of
continuous service, and two (2) weeks worth of pay for each year of continuous
service in excess of 20 years, with a minimum of four (4) weeks of severance
pay per employee; and
2. If the employee properly elects COBRA, the Company shall pay one (1) month
of the employee's COBRA premium during the severance period for every four
(4) weeks of severance pay to which the employee is entitled, up to a maximum
of twelve (12) months of COBRA premium and a minimum of two (2) months
per employee, so long as the employee continues to pay his or her portion of
the applicable premium during the severance period. Employees who are not
enrolled in the healthcare coverage plan offered under the Collective
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Bargaining Agreement at the time of termination shall not be eligible for this
benefit.
The total amount of severance pay will be paid to the employee in a lump sum as
soon as administratively feasible upon the expiration of the revocation period contained
the separation and release agreement.
E. Employees who are terminated pursuant to the Unit Product Shutdowns under this
Agreement shall be deemed terminated and to have lost seniority within the meaning of the
Collective Bargaining Agreement, with no rights or expectation of recall (which must be waived
pursuant to the separation and release agreement). Such termination shall be construed and
interpreted for all purposes, as the permanent termination and cessation of such employee's
employment with the Company, including, but not limited to, for the purpose of the calculation of
all benefits of any kind. Employees on an approved leave of absence of any kind shall be treated
the same as all other employees and shall be terminated consistent with this Agreement with no
further right to any continued leave, recall, or other benefit, except as provided in this Agreement.
F. The Company agrees that it shall contact the State Dislocated Workers Unit and
will work with such Unit personnel to provide dislocated worker services and assistance to
bargaining unit employees who are terminated pursuant to the Unit Shutdowns.
Section 7—Pending Grievances/Arbitrations
All pending grievances and currently known potential grievances having been resolved by
the parties, the Union agrees to withdraw, with prejudice, any and all grievances pending on
August 7, 2016, the date this Agreement is entered into, and to not file or accept any grievance
related to matters that the parties have resolved or that arose on or before August 7, 2016.
Section 8—Savings Clause
It is agreed that in the event that any provision of this Agreement is or becomes invalid or
unenforceable under the law, it shall be immediately eligible for renegotiation, but the remaining
portions of this Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, representatives of the parties have set forth their signatures
below this 7th day of August, 2016.
For the Company: For the Union:
_______________________________ __________________________________
_______________________________ __________________________________
_______________________________ __________________________________
__________________________________
__________________________________
Vertellus Hire Dates - Exhibit A
File # Name Job Title Hire Date
036097 Adams, Jon Control Mechanic 06/09/2014
011097 Ashburn, David M Utilities Operator 01/30/1976
011912 Bernethy, Daryl W Chemical Operator 41 02/11/2008
011090 Berry, Michael Chemical Operator 38 01/30/1975
011105 Bertram, Mark A Maintenance Mechanic 11/23/1976
036050 Bivens, John Chemical Operator Spec Chem 09/24/2012
011910 Blakemore, Jared L Chemical Operator 38 01/28/2008
011888 Blevins, David K Control Mechanic 09/25/2006
011926 Bowen, Cecil Chemical Operator 38 07/28/2008
011864 Bowman, Erin Chemical Operator 27 03/28/2005
011173 Bowman, Judson Chemical Operator 27 11/27/1979
011036 Breen, Robert A Utilities Operator 10/19/1970
011402 Byers, Daniel Chemical Operator 27 03/16/1992
036014 Cassell, Calvin Chemical Operator 27 01/10/2011
036051 Clark, Justin A Chemical Operator Spec Chem 09/24/2012
011918 Collins, Douglas W Control Mechanic 04/21/2008
011057 Corman Jr., Arthur T Maintenance Mechanic 04/30/1973
011508 Cosgrove, Richard Chemical Operator 27 05/06/1996
011073 Craft, Tim J Utilities Operator 03/05/1974
011329 Crouch, John Chemical Operator Spec Chem 07/10/1989
011889 Delk, Timothy A Maintenance Mechanic 01/29/2007
011923 Drane, Andre' T Chemical Operator 38 06/16/2008
036083 Duncan, Enoch Chemical Operator Spec Chem 10/28/2013
011860 Faulk, Jeffrey Chemical Operator Spec Chem 11/29/2004
000106 Foddrill, Jonathan Chemical Operator Spec Chem 04/12/2010
011366 Foltz, James E Chemical Operator 40 11/26/1990
011136 Fuller, Gary Chemical Operator 38 03/13/1978
011809 Galloway, Clinton D Chemical Operator 41 05/05/2003
011157 Garrity, Raymond Chemical Operator 38 05/12/1979
011242 Gerking, Matthew Environmental Operator 06/08/1987
011314 Goode, James Chemical Operator Spec Chem 02/06/1989
011470 Gray, James Chemical Operator 27 08/22/1994
011879 Grosklos, Steven Chemical Operator Spec Chem 01/03/2006
011804 Halila, Mitchell F Control Mechanic 03/31/2003
011390 Harder, Jon A Transport Operator 09/23/1991
000111 Harris, Michael Packager 04/19/2010
011174 Heubel, Michael H Chemical Operator 40 01/02/1980
036056 Himes, Ryan Chemical Operator Spec Chem 02/12/2013
011911 Hitchcock, Richard Chemical Operator 38 01/28/2008
011467 Hopper, Christopher Chemical Operator Spec Chem 08/22/1994
011071 Hull, Charles T Utilities Operator 01/21/1974
011878 Hulse, Gregory D Chemical Operator 40 01/03/2006
011920 Hunn, Arnold Chemical Operator 38 04/28/2008
011929 Hunter, Gary Chemical Operator Spec Chem 08/25/2008
011421 Hyatt, Richard Chemical Operator 27 09/21/1992
011883 Jamerson, Thomas A Maintenance Mechanic 02/27/2006
011789 Johnson, Aaron S Control Mechanic 10/21/2002
011669 Johnson, Floyd Chemical Operator Spec Chem 02/28/2000
011345 Johnson, Gregory Chemical Operator 38 03/05/1990
011355 Kelley, Jay D Chemical Operator 41 08/13/1990
011884 Lake, Joshua Chemical Operator 40 05/01/2006
011148 Lee, Randy Shipping Warehouse Employee 12/26/1978
011852 Long, Jerry A Transport Operator 09/07/2004
036078 Martin, Jarriod Packager 09/23/2013
Confidential page-1
Vertellus Hire Dates - Exhibit A
File # Name Job Title Hire Date
011872 McCarty, James Chemical Operator Spec Chem 08/08/2005
011212 McClure, Todd Chemical Operator Spec Chem 06/12/1984
036040 McKenzie, Timothy J Chemical Operator 40 10/24/2011
000095 McMahon, Joseph L Maintenance Mechanic 02/23/2010
036082 Merrifield, Timothy Packager 10/28/2013
011848 Miller, Robert Chemical Operator 41 07/12/2004
000085 Mooney, Michael P Maintenance Mechanic 01/04/2010
000094 Musson, Douglas E Maintenance Mechanic 02/23/2010
011171 Naylor, Charles Environmental Operator 11/14/1979
011664 Nokes, Robert Chemical Operator 40 02/28/2000
011924 Nolan, Eric Chemical Operator 38 06/23/2008
011886 Norcross, Manfred Maintenance Mechanic 06/12/2006
011133 Oglesby, Wallace Utilities Operator 02/09/1978
036076 Patterson, Howard Chemical Operator Spec Chem 09/23/2013
011922 Payne, Jeremy L Chemical Operator 40 05/19/2008
011109 Perdue, James Chemical Operator 38 01/25/1977
011915 Perry, Mark W Maintenance Mechanic 03/24/2008
011471 Phillips Jr., Floyd M Utilities Operator 08/22/1994
011871 Phillips, Bradley Chemical Operator 27 08/08/2005
036017 Phillips, Robert Chemical Operator 38 01/31/2011
011821 Phillips, Roger Chemical Operator 38 08/18/2003
036106 Price, William Packager 09/02/2014
011553 Rabuck, David Chemical Operator Spec Chem 06/30/1997
011069 Rainbolt, Rex R Utilities Operator 01/17/1974
036069 Reeder, Patricia Chemical Operator 27 07/15/2013
036074 Reyes, Thomas Chemical Operator 38 09/09/2013
011913 Richardson, Mark Chemical Operator 38 02/11/2008
011927 Rike, Garry E Maintenance Mechanic 08/04/2008
036011 Rozzel, Mark Packager 11/08/2010
011121 Runion, Mark Chemical Operator 38 06/15/1977
011429 Sanborn, Thomas B Chemical Operator 27 12/14/1992
011925 Sauers, Kevin M Transport Operator 06/30/2008
011440 Scala, Christine Chemical Operator 27 03/01/1993
011162 Sheets, Timothy W Chemical Operator 40 06/11/1979
011245 Smith, Kevin L Chemical Operator 41 07/08/1987
036073 Snyder, Weston Chemical Operator 41 08/26/2013
011409 Spencer, Robert D Chemical Operator 27 05/18/1992
011079 Spray Sr., Larry E Utilities Operator 06/24/1974
011346 Stanton, Timothy Chemical Operator 38 03/26/1990
011507 Stephens, John Chemical Operator 27 05/06/1996
011468 Stevens, Chris A Chemical Operator 27 08/22/1994
011194 Stevens, Mark Chemical Operator 27 03/23/1982
011163 Stierwalt, Phillip Chemical Operator 27 06/11/1979
011291 Stumpf, Joseph Chemical Operator Spec Chem 04/25/1988
011551 Suarez, Glenn Chemical Operator Spec Chem 06/30/1997
000113 Sullivan, Jason Chemical Operator Spec Chem 04/19/2010
011333 Summers, Robert Chemical Operator Spec Chem 10/23/1989
036039 Swartz, Travis W Chemical Operator 27 10/24/2011
036081 Tate, Shawn Packager 10/28/2013
036060 Taulman, Charles Chemical Operator Spec Chem 03/11/2013
011874 Taylor, Brian A Control Mechanic 01/03/2006
011880 Thompson, Carl Chemical Operator 27 01/03/2006
011244 Vaught, Donald Chemical Operator 27 07/08/1987
011905 Wallace, O'Bryan Chemical Operator 27 11/12/2007
Confidential page-2
Vertellus Hire Dates - Exhibit A
File # Name Job Title Hire Date
011916 Walton, Robert M Transport Operator 03/24/2008
036077 White, Willie Chemical Operator 38 09/23/2013
011932 Wiles, Eric Chemical Operator Spec Chem 10/06/2008
036105 Wilkerson, Robert Chemical Operator 38 09/02/2014
036055 Will, Adam Chemical Operator Spec Chem 02/11/2013
011237 Williams, Ricky Chemical Operator 41 01/05/1987
011185 Wilson, Michael T Chemical Operator 38 10/15/1981
011234 Winterrowd, Arthur J Chemical Operator 41 12/01/1986
011172 Winterrowd, Douglas Utilities Operator 11/15/1979
011239 Wood, John C Utilities Operator 03/02/1987
Confidential page-3
Vertellus - Indianapolis Seniority & Qualification Exhibit BDate: 29-Jul-16
Employee Name Job Title Shift LL Hire Date Packaging WPSTL WPRX WPCRY ROTO WPGLS FLAKER 48STILL 3AP/DCP 27 TF 27 BS 27 DB 27 BX 27 BR 41 Rx Little Ox Box Still 38 RX/ISEP Continuous 38 Pack 1 38 Pack 2 Driver Mechanic Crane I&E Boiler Room WWTP EP VP S/W Env
Breen, Robert Utilities Operator B1 14 10/19/1970 X X X
Corman, Arthur Maintenance Mechanic M-F 14 4/30/1973 X X
Rainbolt, Rex Utilities Operator B1 14 1/17/1974 X X X
Hull, Tim Utilities Operator A1 14 1/21/1974 X X X
Craft, Tim Utilities Operator B2 14 3/5/1974 X X X
Spray, Larry Utilities Operator A1 14 6/24/1974 X X X
Berry, Michael Chemical Operator 38 A1 14 1/30/1975 X X X X X
Ashburn, Dave Utilities Operator A2 14 1/30/1976 X X X
Bertram, Mark Maintenance Mechanic M-F 14 11/23/1976 X
Perdue, Gary Chemical Operator 38 A1 14 1/25/1977 X X X X
Runion, Mark Chemical Operator 38 A1 14 11/21/1977 X X X X X
Oglesby, Wallace Utilities Operator A1 14 2/9/1978 X X X
Fuller, Gary Chemical Operator 38 B1 14 3/13/1978 X X X X X
Lee, Randy Shipping Warehouse Employee M-F 7 12/26/1978 X X
Garrity, Raymond Chemical Operator 38 A1 14 5/12/1979 X X X X X
Stierwalt, Phil Chemical Operator 27 A2 14 6/11/1979 X X X X X
Naylor, Charles Environmental Operator M-F 12 11/14/1979 X X
Sheets, Timothy Chemical Operator 40 A1 14 6/11/1979 X X X
Winterrowd, Doug Utilities Operator B1 14 11/15/1979 X X X
Bowman, Jud Chemical Operator 27 A2 14 11/27/1979 X X X X
Huebel, Michael Chemical Operator 40 B1 14 1/2/1980 X X X
Wilson, Mike Chemical Operator 38 B1 14 10/15/1981 X X
Stevens, Mark Chemical Operator 27 A2 14 3/23/1982 X X X
McClure, Todd Chemical Operator Spec Chem A1 14 6/12/1984 X X X X X X X X X
Winterrowd, Joe Chemical Operator 41 A2 14 12/1/1986 X X X
Williams, Ricky Chemical Operator 41 B2 14 1/5/1987 X X X X
Wood, John Utilities Operator A2 14 3/2/1987 X X X
Gerking, Matthew Environmental Operator M-F 12 6/8/1987 X X
Vaught, Don Chemical Operator 27 A1 14 7/8/1987 X X X X
Smith, Kevin Chemical Operator 41 A1 14 7/8/1987 X X X X
Stumpf, Joe Chemical Operator Spec Chem B2 14 4/25/1988 X X X X X X X X X
Goode, Lee Chemical Operator Spec Chem B1 14 2/6/1989 X X X X X X X X X
Crouch, John Chemical Operator Spec Chem B2 14 7/10/1989 X X X X X X X X
Summers, Bob Chemical Operator Spec Chem B2 14 10/23/1989 X X X X X X X X X
Johnson, Greg Chemical Operator 38 B1 14 3/5/1990 X X X X X
Stanton,Tim Chemical Operator 38 A1 14 3/26/1990 X X X X X
Kelley, Jay D. Chemical Operator 41 B2 14 8/13/1990 X X X X
Foltz, Ed Chemical Operator 40 M-F 12 11/26/1990 X X X X
Harder, John Transport Operator M-F 12 9/23/1991 X
Byers, Dan Chemical Operator 27 B1 14 3/16/1992 X X X X X X
Spencer, Dean Chemical Operator 27 B2 14 5/18/1992 X X X X
Hyatt, Rick Chemical Operator 27 B1 14 9/20/1992 X X X X
Sanborn, Tom Chemical Operator 27 B2 14 12/14/1992 X X X
Scala, Chris Chemical Operator 27 B1 14 3/1/1993 X X X X
Hopper, Chris Chemical Operator Spec Chem B1 14 8/22/1994 X X X X X X X X X
Gray, Jim Chemical Operator 27 A2 14 8/22/1994 X X X X X
Stevens, Chris Chemical Operator 27 B2 14 8/22/1994 X X X X
Phillips, Mike Utilities Operator B2 14 8/22/1994 X X X
Cosgrove, Nick Chemical Operator 27 A1 14 5/6/1996 X X X X
Stephens, John Chemical Operator 27 B1 14 5/6/1996 X X X
Rabuck, Dave Chemical Operator Spec Chem A1 14 6/30/1997 X X X X X X X X X
Suarez, Glenn Chemical Operator Spec Chem A2 14 6/30/1997 X X X X X X X X
Johnson, Erwin Chemical Operator Spec Chem A1 14 2/28/2000 X X X X X X X X
Nokes, Robert Chemical Operator 40 14 2/28/2000 X X X
Confidential Page 1
Vertellus - Indianapolis Seniority & Qualification Exhibit BDate: 29-Jul-16
Employee Name Job Title Shift LL Hire Date Packaging WPSTL WPRX WPCRY ROTO WPGLS FLAKER 48STILL 3AP/DCP 27 TF 27 BS 27 DB 27 BX 27 BR 41 Rx Little Ox Box Still 38 RX/ISEP Continuous 38 Pack 1 38 Pack 2 Driver Mechanic Crane I&E Boiler Room WWTP EP VP S/W Env
Johnson, Aaron Control Mechanic 14 10/21/2002 X
Halila, Mitch Control Mechanic 14 3/31/2003 X
Galloway, Clint Chemical Operator 41 B1 14 5/5/2003 X X X X
Phillips, Roger Chemical Operator 38 B1 29.4 8/18/2003 X X X
Miller, Bob Chemical Operator 41 A2 14 7/12/2004 X X X
Long, Jerry Transport Operator A1 12 9/7/2004 X
Faulk, Jeff Chemical Operator Spec Chem B2 10 11/29/2004 X X X X X
Bowman, Erin Chemical Operator 27 A1 12 3/28/2005 X X X
McCarty, James Chemical Operator Spec Chem A2 14 8/8/2005 X X X X X X X X
Phillips, Brad Chemical Operator 27 B2 12 8/8/2005 X X X X
Grosklos, Steven Chemical Operator Spec Chem A2 12 1/3/2006 X X X X X X X
Thompson, Carl Chemical Operator 27 A1 14 1/3/2006 X X X
Taylor, Brian Control Mechanic B2 14 1/3/2006 X
Hulse, Greg Chemical Operator 40 14 1/3/2006 X X X
Jamerson, Thomas Maintenance Mechanic B2 14 2/27/2006 X
Lake, Joshua Chemical Operator 40 14 5/1/2006 X X X
Norcross, Manfred Maintenance Mechanic 14 6/12/2006 X
Blevins, David K. Control Mechanic 16 9/25/2006 X
Delk, Timothy Maintenance Mechanic 14 1/29/2007 X
Wallace, O'Bryan Chemical Operator 27 A1 12 11/12/2007 X X X
Blakemore, Jared Chemical Operator 38 A2 10 1/28/2008 X X X X
Hitchcock, Richard Chemical Operator 38 A2 14 1/28/2008 X X X X X
Bernethy, Daryl Chemical Operator 41 A1 12 2/11/2008 X X X
Richardson, Mark Chemical Operator 38 B2 14 2/11/2008 X X X X X
Walton, Bob Transport Operator B1 12 3/24/2008 X
Perry, Mark Maintenance Mechanic 16 3/24/2008 X
Collins, Douglas Control Mechanic 14 4/21/2008 X
Hunn, Arnold Chemical Operator 38 B2 12 4/28/2008 X X X X
Payne, Jeremy Chemical Operator 40 14 5/19/2008 X X X
Drane, Andre Chemical Operator 38 A2 12 6/16/2008 X X X X
Nolan, Eric Chemical Operator 38 B1 10 6/23/2008 X X X
Sauers, Kevin Transport Operator M-F 12 6/30/2008 X
Bowen, Rick Chemical Operator 38 B2 12 7/28/2008 X X X X X
Rike, Garry Maintenance Mechanic A2 14 8/4/2008 X
Hunter Gary Chemical Operator Spec Chem B1 12 8/25/2008 X X X X X X X
Wiles, Eric Chemical Operator Spec Chem A2 14 10/6/2008 X X X X X X X X X X X X
Mooney, Michael Maintenance Mechanic B1 14 1/4/2010 X
McMahon, Joseph Maintenance Mechanic 14 2/23/2010 X
Musson, Douglas Maintenance Mechanic A1 14 2/23/2010 X
Sullivan, Jason Chemical Operator Spec Chem A1 14 4/19/2010 X X X X X X X X
Harris, Michael Packager M-F 4 4/19/2010 X
Rozzel, Mark Packager M-F 4 11/8/2010 X
Cassell, Calvin Chemical Operator 27 B1 10 1/10/2011 X X
Phillips, Bob Chemical Operator 38 A2 10 1/31/2011 X X X
Swartz, Travis Chemical Operator 27 A2 10 10/24/2011 X X
McKenzie, TJ Chemical Operator 40 10 10/24/2011 X X
Foddrill, Jonathan Chemical Operator Spec Chem B1 12 9/21/2012 X X X X
Bivens, John Chemical Operator Spec Chem A1 10 9/24/2012 X X
Clark, Justin Chemical Operator Spec Chem A2 10 9/24/2012 X X
Will, Adam Chemical Operator Spec Chem B2 10 2/11/2013 X X
Himes, Ryan Chemical Operator Spec Chem A2 10 2/12/2013 X
Taulman, Chuck Chemical Operator Spec Chem B2 7 3/11/2013 X X
Reeder, Trisha Chemical Operator 27 A1 7 7/15/2013 X X
Snyder, Weston Chemical Operator 41 B1 10 8/26/2013 X X X
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Vertellus - Indianapolis Seniority & Qualification Exhibit BDate: 29-Jul-16
Employee Name Job Title Shift LL Hire Date Packaging WPSTL WPRX WPCRY ROTO WPGLS FLAKER 48STILL 3AP/DCP 27 TF 27 BS 27 DB 27 BX 27 BR 41 Rx Little Ox Box Still 38 RX/ISEP Continuous 38 Pack 1 38 Pack 2 Driver Mechanic Crane I&E Boiler Room WWTP EP VP S/W Env
Reyes, Tom Chemical Operator 38 B2 10 9/9/2013 X X X
Patterson, Howard Chemical Operator Spec Chem A1 7 9/23/2013 X X
White, Willie Chemical Operator 38 A2 12 9/23/2013 X X X X
Martin, Jarriod Packager M-F 4 9/23/2013 X
Duncan, Enoch Chemical Operator Spec Chem B1 10 10/28/2013 X X
Merrifield, Timothy Packager M-F 4 10/28/2013 X
Tate, Shawn Packager M-F 4 10/28/2013 X
Adams, Jonathan Control Mechanic 12 6/9/2014 X
Wilkerson, Rob Chemical Operator 38 B2 7 9/2/2014 X X
Price, William Packager M-F 4 9/2/2014 X
Confidential Page 3