Preview
DocuSign Envelope ID: 1F6688C0-9201-4C35-99BC-382E18EAFC63
Electronically Filed
1 Alden J. Parker (SBN 196808) Superior Court of California
E-Mail: aparker@fisherphillips.com County of San Joaquin
2 Christina M. Anton (SBN 340329) 2022-02-04 15:50:21
E-Mail: canton@fisherphillips.com Clerk: Irving Jimenez
3 FISHER & PHILLIPS LLP
621 Capitol Mall, Suite 1400
4 Sacramento, California 95814 Motion to Compel
Telephone: (916) 210-0400 03/22/2022 09:00 AM in 11B
5 Facsimile: (916) 210-0401
6 Attorneys for Defendant
NUSTAR SERVICES COMPANY LLC
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 FOR THE COUNTY OF SAN JOAQUIN
10
11 DEBRA FRENCH, an individual, CASE NO.: STK-CV-UWT-2021-11410
[Unlimited Jurisdiction]
12 Plaintiff,
Assigned for all purposes to the
13 v. Honorable Robert T. Waters, Dept. 11B
14 NUSTAR SERVICES COMPANY LLC; and DECLARATION OF BETH TREXLER IN
DOES 1 through 30, inclusive, SUPPORT OF DEFENDANT’S MOTION TO
15 COMPEL ARBITRATION AND STAY OR
Defendant. DISMISS THE ACTION
16
[Filed in Lieu of Answer Pursuant to 9 U.S.C. §§ 2-
17 4; Cal. Code Civ. Proc., § 1281.7]
18 DATE:
TIME: 9:00 a.m.
19 DEPT: 11B
20 Complaint Filed: December 20, 2021
Trial Date: Not Set
21
22
23
24
25
26
27
28
1
DECLARATION OF BETH TREXLER IN SUPPORT OF DEFENDANT’S
MOTION TO COMPEL ARBITRATION AND STAY OR DISMISS THE ACTION
FP 43017569.1
DocuSign Envelope ID: 1F6688C0-9201-4C35-99BC-382E18EAFC63
1 DECLARATION OF BETH TREXLER
2 I, Beth Trexler, hereby declare and state:
3 1. I am over the age of eighteen and have personal knowledge of the matters set forth herein
4 and if called as a witness, I can and will attest thereto.
5 2. I am a current employee of Defendant NuStar Services Company LLC (“Defendant” or
6 “the Company”). My job title is Executive Director Human Resources.
7 3. The Company’s operating affiliates own and operate 10,000 miles of interstate and
8 intrastate pipelines and 64 terminal and storage facilities that store and distribute crude oil, refined
9 products, renewable fuels, ammonia and specialty liquids throughout the United States, and also in
10 Canada and Mexico.
11 4. The Company uses a standard onboarding process for all new U.S. employees.
12 5. As part of the standard onboarding process, the Company provides new U.S. employees
13 with a brochure describing Dialogue, the Company’s dispute resolution process for employment related
14 matters (the “Dialogue Brochure”).
15 6. Among other things, page 16 of the Dialogue Brochure, identified as bate stamp 000016,
16 provides for the mandatory arbitration of employment-related disputes involving legally protected rights
17 such as protection against discrimination and retaliation. Employees are specifically advised at pages 4,
18 16 and 53 of the Dialogue Brochure, identified as bate stamps 000004, 000016, and 000053, that there
19 is no jury in an arbitration proceeding. The Dialogue Brochure expressly incorporates the Federal
20 Arbitration Act (“FAA”), provides for the mutual selection of a neutral arbitrator, does not limit
21 Plaintiff’s remedies, requires the arbitrator to issue a written decision, and requires the Company to bear
22 almost all arbitration costs (the maximum amount an employee will pay is $50.00 USD). A true and
23 correct copy of the Dialogue Brochure is attached hereto as Exhibit A and incorporated by reference.
24 7. The Company also provides new U.S. employees with an Employee Guide. Among other
25 things, page 10 of the Employee Guide provides that the dispute may be presented to a neutral third-
26 party arbitrator who will make a decision after both sides present their arguments. Employees are also
27 advised at page 11 that the Dialogue Brochure can be accessed on the Company’s intranet site in the
28 “My HR” section, and that they may request a Dialogue Brochure by contacting Human Resources. A
2
DECLARATION OF BETH TREXLER IN SUPPORT OF DEFENDANT’S
MOTION TO COMPEL ARBITRATION AND STAY OR DISMISS THE ACTION
FP 43017569.1
DocuSign Envelope ID: 1F6688C0-9201-4C35-99BC-382E18EAFC63
1 true and correct copy of the Employee Guide is attached hereto as Exhibit B and incorporated by
2 reference.
3 8. Onboarding U.S. employees are given reasonable time and opportunity to review the
4 Dialogue Brochure and ask any questions or raise any concerns about the Dialogue program.
5 9. On or around November 27, 2018, Plaintiff was electronically provided with the
6 Company’s Dialogue Brochure, Employee Guide, and other onboarding documents.
7 10. On November 28, 2018, Plaintiff electronically signed and dated an acknowledgement
8 confirming that she agreed to Dialogue and had familiarized herself with the Employee Guide (the
9 “Acknowledgement”). The Acknowledgement restates and reconfirms Plaintiff’s agreement to arbitrate
10 disputes arising out of her employment with NuStar. It also includes a jury trial waiver. A true and
11 correct copy of the Acknowledgement is attached hereto as Exhibit C and incorporated by reference.
12 I declare under penalty of perjury, under the laws of the State of California, that the foregoing is
13 true and correct.
14 Executed on February 4, 2022 in San Antonio, Texas.
15
_______________________________________
16 Beth Trexler
17
18
19
20
21
22
23
24
25
26
27
28
3
DECLARATION OF BETH TREXLER IN SUPPORT OF DEFENDANT’S
MOTION TO COMPEL ARBITRATION AND STAY OR DISMISS THE ACTION
FP 43017569.1
EXHIBIT A
EXHIBIT A
000001
000002
000003
000004
000005
000006
000007
000008
000009
000010
000011
000012
000013
000014
000015
000016
000017
000018
000019
000020
000021
000022
000023
000024
000025
000026
000027
000028
000029
000030
000031
000032
000033
000034
000035
000036
000037
000038
000039
000040
000041
000042
000043
000044
000045
000046
000047
000048
000049
000050
000051
000052
000053
EXHIBIT B
EXHIBIT B
Standard Documents
Document Effective Date
Document Link
Document Attachment
Signature Type
Signed By
Signature Date Signature Statement
Dialogue Brochure
12/14/2015 Dialogue Brochure.pdf 11/28/2018 9:28 IMPORTANT: The following Agreement waives rights you may have to file a lawsuit in court should you have a dispute with NuStar Services
Acknowledgment Debi French (Terminated)
Company LLC. You should read the following Notice and Agreement and the included materials carefully before signing. You may choose to
consult legal counsel of your choice before signing.
Notice
NuStar Services Company LLC maintains a Dispute Resolution Program called Dialogue. This Program governs all disputes between the
Company and its employees. This program is mandatory, and your application for employment will not be accepted unless you agree, by signing
below, to all terms of Dialogue, including final resolution of any dispute by a neutral arbitrator. Included with this notice is a summary description of
Dialogue, and the more formal statement of Dialogue and its Rules relating to arbitration of disputes, with which you should familiarize yourself
before signing this Agreement.
If you sign the Agreement below, both you and NuStar Services Company LLC will be bound by all terms of Dialogue.
Agreement
As a condition of my employment, I agree to be bound by and accept the terms of the NuStar Services Company LLC Dispute Resolution Program
(“Dialogue”). I acknowledge that I have been provided a description of Dialogue and that I have familiarized myself with this material. I understand
that Dialogue requires, as its final step, that all claims, disputes or controversies that I may have with NuStar Services Company LLC (or any other
company or person affiliated with NuStar Services Company LLC) must be submitted to arbitration for a final and binding determination instead of
to the court system. I understand that this means I am waiving any right I may have to bring a lawsuit and to a jury trial concerning any dispute I
may have with NuStar Services Company LLC or any affiliate, including, by way of example only, for claims of discrimination based on race,
national origin, gender, religion, age or disability under any federal, state or local civil rights statute or other laws. I understand and agree that the
terms of Dialogue will be a condition of my employment and will be binding on me throughout my employment and afterwards if my employment
terminates for any reason. I also understand that Dialogue is not a contract of employment for any specific period of time and does not affect either
my or NuStar Services Company LLC’s legal rights except as expressly stated in Dialogue itself. I also agree that any other agreement which is
inconsistent with the provisions of this Agreement and Dialogue is void, unless in writing and signed by an authorized officer of NuStar Services
Company LLC.
I understand and acknowledge that NuStar Services Company LLC’s agreement to be bound by Dialogue is something of value to me, in addition
to my employment, in exchange for which I also agree to be bound by Dialogue.
I agree to be bound by and comply with all terms of Dialogue as to all matters related to my employment or any employment termination.
EXHIBIT C
EXHIBIT C
Employee Guide
NuStar Employee Guide, Revised August 1, 2018
TABLE OF CONTENTS
Introduction 1
Anti-Bribery Policy 2
Business Travel 2
Code of Business Conduct and Ethics 2
Commitment to Health, Safety and Environmental (HSE) Excellence 3
Confidentiality and Inventions Agreement 4
Conflict of Interest 4
Employee Trading of Securities 5
Information Security and Acceptable Use Policy 5
Legal Hold Requests 6
Media Relations 6
NuStar Guiding Principles 7
Reporting Hotline – EthicsPoint 7
Review of Contracts Policy 7
HUMAN RESOURCES POLICIES & PROGRAMS
The Americans with Disabilities Act (ADA) 8
Attendance 8
Background Checks and Investigations 9
Benefits 9
Compensation 9
All-Employee Bonus Plan 9
Employment Status 9
Job Descriptions 9
Market Pricing 9
Pay Changes 10
Pay Groups 10
Criminal Convictions 10
Dialogue 10
Disciplinary Counseling 11
Dress Code Guidelines 12
Election to Public Office 13
Employee Programs 14
Adoption Assistance Program 14
Educational Assistance 14
Employee Assistance Program - LifeBalance 14
Job Posting - Internal 14
NuStar-Sponsored Recreation 15
Refer-A-Friend Program 15
Scholarships 15
Service Awards 16
United Way 16
Volunteer Council/Volunteer of the Year 16
Wellness Program 16
Employee Records 16
Employment of Relatives 17
Equal Employment Opportunity and Affirmative Action 18
i
Harassment 18
Health Insurance Portability and Accountability Act (HIPAA) 21
Holidays 22
Inclement Weather 22
Immigration Reform and Control Act 23
Leave Administration 23
Funeral Leave 23
Jury/Civic Duties 23
Leave of Absence Policies 24
Family and Medical Leave Act (FMLA) 24
Military Leave 26
Personal Leave of Absence 26
Sick Leave 27
Short-Term Disability 27
Long-Term Disability 28
Pay Administration 28
Break Time for Nursing Mothers 28
Overtime for Non-Exempt Employees 29
Pay Periods 29
Rest and Meal Periods 29
Timesheets 29
Resignations 29
Security 29
Visitors 30
Violence in the Workplace 30
Weapons 31
Smoking 31
Solicitations 31
Substance Abuse Prevention 32
Vacation 33
Work Schedules 34
ii
INTRODUCTION
Welcome to NuStar! NuStar offers some of the very best benefit and employee programs in the industry.
In addition, NuStar has sound policies and procedures that support our core values and promote a positive
working environment for all employees. It's our hope that you will familiarize yourself with these policies
and procedures, and that you will contact your Human Resources Department if you ever have questions
or need guidance during your career with NuStar.
This Employee Guide applies to NuStar Services Company LLC, its parent entities and other affiliates
(collectively “NuStar” or the “Company”) and all of their employees. NuStar provides this Employee
Guide to inform employees about many of the policies, procedures, programs and benefits in effect
throughout NuStar. Employees should read the Employee Guide thoroughly and retain it for future use.
This Employee Guide contains only a summary of many of NuStar's policies that apply to all employees.
NuStar has many other policies and procedures enacted by departments and locations. In some cases,
policies for some NuStar locations may be modified to suit operational needs, requirements of state or
local law, or a collective bargaining agreement.
NuStar policies, procedures, programs and benefits summarized in this Employee Guide are subject to
interpretation by NuStar, and except for the employment-at-will policy set forth in this introduction, and
the mutual agreement to arbitrate as set forth in "Dialogue: The NuStar Dispute Resolution Program," this
Employee Guide is subject to change or amendment at NuStar's discretion. NuStar may periodically notify
employees of changes to this Employee Guide. In addition, all the policies, procedures, programs and
benefits referenced in the Employee Guide may, at NuStar’s discretion, be modified from time to time.
Employees should refer to the most up-to-date version of any policy.
This Employee Guide replaces all previous handbooks and guides, and supersedes all earlier oral and
written information or material about NuStar and its policies unless otherwise incorporated in this Guide.
Should any statement in this Employee Guide conflict with federal, state, or local law, the relevant legal
requirements shall supersede these policies.
It is the intent of NuStar to employ and retain the most qualified individuals without regard to race, color,
gender, religion, sexual orientation, national origin, age, disability, genetic characteristics, veteran status
or any other category protected by federal, state or local law. NuStar strives to provide qualified
employees with opportunities for personal growth and with industry-leading compensation and benefits,
in a safe working environment that is free from physical, verbal and unlawful harassment, discrimination,
and retaliation. In turn, NuStar expects its employees to perform work assignments in the most efficient
manner, take responsibility for their own careers, have the highest ethical standards and respect their
fellow employees.
The information contained in this Employee Guide does not constitute a contract or an employment
agreement for a fixed or defined term. Employment with NuStar remains at-will for both the employee
and NuStar. Any agreement for employment that is other than terminable “at will,” is not valid unless in
writing and signed by the Company’s Vice President of Human Resources or another authorized NuStar
officer.
Questions regarding this Employee Guide or any NuStar policy or benefit should be directed to the Human
Resources Department.
1
ANTI-BRIBERY POLICY
NuStar expects all employees to act with the utmost integrity. The payment or acceptance of any bribe,
or anything that might be perceived as a bribe is strictly prohibited. Employees are required to ensure that
third parties they retain to represent or perform services for NuStar do not present a risk of bribery or
corruption. NuStar’s Anti-Bribery Policy is applicable to all employees and can be accessed through the
NuStar Ethics tab on the NuStar intranet site. Employees should review the NuStar intranet site for the
most up-to-date version of the Anti-Bribery Policy.
Anti-Bribery Laws, including the U.S. Foreign Corrupt Practices Act (FCPA) and the U.K. Bribery Act,
make it unlawful for a person – including a corporation or partnership – to make a payment to a
government official or private party for the purpose of obtaining or retaining business. Prohibited
payments include any offer or promise to pay or give money or anything of value that is intended to:
influence any act or decision of an individual or entity; to induce a person to do or omit to do any act in
violation of his or her lawful duty; obtain any improper advantage; or induce a person to use his or her
influence improperly to affect or influence any act or decision.
Anti-Bribery Laws also require that the Company maintain books and records that accurately and fairly
detail all Company transactions. Accordingly, all transactions should: be executed in accordance with
management’s authorization; be recorded in a manner that permits the preparation of financial statements
in accordance with applicable standards; maintain accountability of assets; and be recorded in accounts
that are reconciled to underlying detail at reasonable intervals.
Violations of the Anti-Bribery Laws may result in substantial fines and imprisonment for you and the
Company.
All employees are expected to read and comply with the Anti-Bribery Policy and to certify that they will
comply with the Anti-Bribery Policy. All employees are expected to report any instance of violation (or
potential violation) of this policy or of the FCPA to their supervisor, the Legal Department, or via the
Company’s Reporting Hotline. Any employee who violates the Anti-Bribery Policy, including any failure
to report a violation, may be subject to discipline, up to and including termination.
BUSINESS TRAVEL
For detailed information on NuStar’s travel policies and procedures, please refer to the NuStar Purchase
Card Management and Travel Management Policies which can be accessed via the NuStar intranet site.
All air travel, hotel, car rental and rail travel reservations must be booked by using NuStar’s online
booking tool or by calling NuStar Travel. The Purchase Card is a credit card that authorizes employees
to purchase goods and services for use by NuStar. Purchase Cards are issued to individuals who meet
NuStar’s requirements and can only be used by the individual named on the card. All NuStar employees
who may travel on NuStar business or purchase business-related items are encouraged to apply for a
NuStar Purchase Card. Travelers must use the Purchase Card to pay for all business-related travel and
entertainment expenses where it is accepted. Personal purchases on the Purchase Card are strictly
prohibited.
CODE OF BUSINESS CONDUCT AND ETHICS
NuStar’s Code of Business Conduct and Ethics (“Code”) covers a wide range of business practices and
procedures to guide NuStar employees. The conduct of all persons subject to the Code must be fair,
ethical, honest and lawful. Employees and directors should not only follow the principles stated in the
Code, but should also seek to avoid even the appearance of improper behavior. Employees should never
2
do - or be asked to do - anything in the course of their duties that would violate the law, the Code or other
NuStar policy. The Code represents one component of NuStar's business ethics program. Additional
principles and guidelines are stated in NuStar's comprehensive set of policies and procedures that are
published on NuStar's intranet site.
Known or suspected misconduct or unethical behavior should be reported promptly through the channels
described in the Code under “Administration of the Code”. Those who violate the standards in the Code
will be subject to disciplinary action, up to and including termination of employment. The “Acting with
Integrity” section is intended to foster the ethical conduct of all persons in situations that may not be
specifically addressed by the Code. As contemplated by the Code, each employee to whom the Code
applies is expected to certify their commitment to the Code on an annual basis. Failure to read the Code
or sign the acknowledgement form does not excuse and will not excuse anyone from responsibility to
understand and comply with the Code.
The Code may be accessed through the NuStar Ethics tab on the NuStar intranet site. Employees should
review the NuStar intranet site for the most up-to-date version of the Code of Business Conduct and Ethics.
Violation of this policy can lead to disciplinary action, up to and including termination of employment.
COMMITMENT TO HEALTH, SAFETY AND ENVIRONMENTAL (HSE) EXCELLENCE
The protection of our employees, contractors, customers, the public, and the environment is a core value
and our number one Guiding Principle – Take care of yourself, others and the environment. We have
defined HSE Excellence as having zero injuries, zero incidents, environmental stewardship, and regulatory
compliance. NuStar is committed to achieving HSE Excellence throughout the organization.
All employees must work to attain HSE Excellence in a manner consistent with NuStar’s Guiding
Principles and this Commitment. Management recognizes the need to provide employees with the
resources necessary to ensure NuStar’s continued HSE improvement.
To achieve HSE Excellence, we will:
1. Continuously develop our HSE culture, where each employee:
• views HSE Excellence as their personal responsibility;
• works collaboratively with co-workers;
• has both the authority and the responsibility to ensure safe work practices are always followed;
• develops a heightened awareness of surroundings and identifies potential hazards; and,
• communicates HSE concerns to appropriate personnel in a timely manner.
2. Effectively implement management systems, policies, procedures, and training to improve our
HSE culture.
3. Establish proactive working relationships with governmental bodies and industry organizations.
4. Communicate openly with employees, contractors, customers, public entities, and our
communities to promote understanding of our commitment to HSE Excellence.
In addition to following all Company policies regarding incident reporting and investigation, any
employee who is injured on the job must immediately notify his or her supervisor. The employee’s
supervisor should notify Gallagher Bassett Services, Inc. by calling 1-888-858-4942 (Account Code
#003010/All First Reports). Timely, accurate information is also required to allow the cause of the injury
to be reviewed and corrected.
3
Violation of this policy can lead to disciplinary action, up to and including termination of employment.
CONFIDENTIALITY AND INVENTIONS AGREEMENT
You are required to maintain the confidentiality of information entrusted to you by NuStar or its
customers, except when disclosure is required by law or regulation. Confidential information includes all
non-public information that might be of use to competitors, or detrimental to the Company or its customers
if disclosed. It also includes information that suppliers and customers have entrusted to NuStar. The
obligation to preserve confidential information continues even after your employment ends. All
employees are required to sign a Confidentiality and Inventions Agreement as a condition of employment.
When signed by the employee, the agreement will become part of the employee's personnel file.
Violations of this policy may result in disciplinary action, up to and including termination.
CONFLICT OF INTEREST
NuStar conducts its affairs in a fair, just and proper manner. All employees are required to be honest and
loyal to NuStar. Directors, officers and employees are expected to comply with NuStar’s system of
internal controls; to deal openly with and make full disclosure to NuStar regarding potential conflicts of
interest; to act in good faith and with integrity, honesty and the highest standards of ethical conduct; and
to comply with applicable laws and regulations.
A conflict of int
Preview
DocuSign Envelope ID: 1F6688C0-9201-4C35-99BC-382E18EAFC63 Electronically Filed 1 Alden J. Parker (SBN 196808) Superior Court of California E-Mail: aparker@fisherphillips.com County of San Joaquin 2 Christina M. Anton (SBN 340329) 2022-02-04 15:50:21 E-Mail: canton@fisherphillips.com Clerk: Irving Jimenez 3 FISHER & PHILLIPS LLP 621 Capitol Mall, Suite 1400 4 Sacramento, California 95814 Motion to Compel Telephone: (916) 210-0400 03/22/2022 09:00 AM in 11B 5 Facsimile: (916) 210-0401 6 Attorneys for Defendant NUSTAR SERVICES COMPANY LLC 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF SAN JOAQUIN 10 11 DEBRA FRENCH, an individual, CASE NO.: STK-CV-UWT-2021-11410 [Unlimited Jurisdiction] 12 Plaintiff, Assigned for all purposes to the 13 v. Honorable Robert T. Waters, Dept. 11B 14 NUSTAR SERVICES COMPANY LLC; and DECLARATION OF BETH TREXLER IN DOES 1 through 30, inclusive, SUPPORT OF DEFENDANT’S MOTION TO 15 COMPEL ARBITRATION AND STAY OR Defendant. DISMISS THE ACTION 16 [Filed in Lieu of Answer Pursuant to 9 U.S.C. §§ 2- 17 4; Cal. Code Civ. Proc., § 1281.7] 18 DATE: TIME: 9:00 a.m. 19 DEPT: 11B 20 Complaint Filed: December 20, 2021 Trial Date: Not Set 21 22 23 24 25 26 27 28 1 DECLARATION OF BETH TREXLER IN SUPPORT OF DEFENDANT’S MOTION TO COMPEL ARBITRATION AND STAY OR DISMISS THE ACTION FP 43017569.1 DocuSign Envelope ID: 1F6688C0-9201-4C35-99BC-382E18EAFC63 1 DECLARATION OF BETH TREXLER 2 I, Beth Trexler, hereby declare and state: 3 1. I am over the age of eighteen and have personal knowledge of the matters set forth herein 4 and if called as a witness, I can and will attest thereto. 5 2. I am a current employee of Defendant NuStar Services Company LLC (“Defendant” or 6 “the Company”). My job title is Executive Director Human Resources. 7 3. The Company’s operating affiliates own and operate 10,000 miles of interstate and 8 intrastate pipelines and 64 terminal and storage facilities that store and distribute crude oil, refined 9 products, renewable fuels, ammonia and specialty liquids throughout the United States, and also in 10 Canada and Mexico. 11 4. The Company uses a standard onboarding process for all new U.S. employees. 12 5. As part of the standard onboarding process, the Company provides new U.S. employees 13 with a brochure describing Dialogue, the Company’s dispute resolution process for employment related 14 matters (the “Dialogue Brochure”). 15 6. Among other things, page 16 of the Dialogue Brochure, identified as bate stamp 000016, 16 provides for the mandatory arbitration of employment-related disputes involving legally protected rights 17 such as protection against discrimination and retaliation. Employees are specifically advised at pages 4, 18 16 and 53 of the Dialogue Brochure, identified as bate stamps 000004, 000016, and 000053, that there 19 is no jury in an arbitration proceeding. The Dialogue Brochure expressly incorporates the Federal 20 Arbitration Act (“FAA”), provides for the mutual selection of a neutral arbitrator, does not limit 21 Plaintiff’s remedies, requires the arbitrator to issue a written decision, and requires the Company to bear 22 almost all arbitration costs (the maximum amount an employee will pay is $50.00 USD). A true and 23 correct copy of the Dialogue Brochure is attached hereto as Exhibit A and incorporated by reference. 24 7. The Company also provides new U.S. employees with an Employee Guide. Among other 25 things, page 10 of the Employee Guide provides that the dispute may be presented to a neutral third- 26 party arbitrator who will make a decision after both sides present their arguments. Employees are also 27 advised at page 11 that the Dialogue Brochure can be accessed on the Company’s intranet site in the 28 “My HR” section, and that they may request a Dialogue Brochure by contacting Human Resources. A 2 DECLARATION OF BETH TREXLER IN SUPPORT OF DEFENDANT’S MOTION TO COMPEL ARBITRATION AND STAY OR DISMISS THE ACTION FP 43017569.1 DocuSign Envelope ID: 1F6688C0-9201-4C35-99BC-382E18EAFC63 1 true and correct copy of the Employee Guide is attached hereto as Exhibit B and incorporated by 2 reference. 3 8. Onboarding U.S. employees are given reasonable time and opportunity to review the 4 Dialogue Brochure and ask any questions or raise any concerns about the Dialogue program. 5 9. On or around November 27, 2018, Plaintiff was electronically provided with the 6 Company’s Dialogue Brochure, Employee Guide, and other onboarding documents. 7 10. On November 28, 2018, Plaintiff electronically signed and dated an acknowledgement 8 confirming that she agreed to Dialogue and had familiarized herself with the Employee Guide (the 9 “Acknowledgement”). The Acknowledgement restates and reconfirms Plaintiff’s agreement to arbitrate 10 disputes arising out of her employment with NuStar. It also includes a jury trial waiver. A true and 11 correct copy of the Acknowledgement is attached hereto as Exhibit C and incorporated by reference. 12 I declare under penalty of perjury, under the laws of the State of California, that the foregoing is 13 true and correct. 14 Executed on February 4, 2022 in San Antonio, Texas. 15 _______________________________________ 16 Beth Trexler 17 18 19 20 21 22 23 24 25 26 27 28 3 DECLARATION OF BETH TREXLER IN SUPPORT OF DEFENDANT’S MOTION TO COMPEL ARBITRATION AND STAY OR DISMISS THE ACTION FP 43017569.1 EXHIBIT A EXHIBIT A 000001 000002 000003 000004 000005 000006 000007 000008 000009 000010 000011 000012 000013 000014 000015 000016 000017 000018 000019 000020 000021 000022 000023 000024 000025 000026 000027 000028 000029 000030 000031 000032 000033 000034 000035 000036 000037 000038 000039 000040 000041 000042 000043 000044 000045 000046 000047 000048 000049 000050 000051 000052 000053 EXHIBIT B EXHIBIT B Standard Documents Document Effective Date Document Link Document Attachment Signature Type Signed By Signature Date Signature Statement Dialogue Brochure 12/14/2015 Dialogue Brochure.pdf 11/28/2018 9:28 IMPORTANT: The following Agreement waives rights you may have to file a lawsuit in court should you have a dispute with NuStar Services Acknowledgment Debi French (Terminated) Company LLC. You should read the following Notice and Agreement and the included materials carefully before signing. You may choose to consult legal counsel of your choice before signing. Notice NuStar Services Company LLC maintains a Dispute Resolution Program called Dialogue. This Program governs all disputes between the Company and its employees. This program is mandatory, and your application for employment will not be accepted unless you agree, by signing below, to all terms of Dialogue, including final resolution of any dispute by a neutral arbitrator. Included with this notice is a summary description of Dialogue, and the more formal statement of Dialogue and its Rules relating to arbitration of disputes, with which you should familiarize yourself before signing this Agreement. If you sign the Agreement below, both you and NuStar Services Company LLC will be bound by all terms of Dialogue. Agreement As a condition of my employment, I agree to be bound by and accept the terms of the NuStar Services Company LLC Dispute Resolution Program (“Dialogue”). I acknowledge that I have been provided a description of Dialogue and that I have familiarized myself with this material. I understand that Dialogue requires, as its final step, that all claims, disputes or controversies that I may have with NuStar Services Company LLC (or any other company or person affiliated with NuStar Services Company LLC) must be submitted to arbitration for a final and binding determination instead of to the court system. I understand that this means I am waiving any right I may have to bring a lawsuit and to a jury trial concerning any dispute I may have with NuStar Services Company LLC or any affiliate, including, by way of example only, for claims of discrimination based on race, national origin, gender, religion, age or disability under any federal, state or local civil rights statute or other laws. I understand and agree that the terms of Dialogue will be a condition of my employment and will be binding on me throughout my employment and afterwards if my employment terminates for any reason. I also understand that Dialogue is not a contract of employment for any specific period of time and does not affect either my or NuStar Services Company LLC’s legal rights except as expressly stated in Dialogue itself. I also agree that any other agreement which is inconsistent with the provisions of this Agreement and Dialogue is void, unless in writing and signed by an authorized officer of NuStar Services Company LLC. I understand and acknowledge that NuStar Services Company LLC’s agreement to be bound by Dialogue is something of value to me, in addition to my employment, in exchange for which I also agree to be bound by Dialogue. I agree to be bound by and comply with all terms of Dialogue as to all matters related to my employment or any employment termination. EXHIBIT C EXHIBIT C Employee Guide NuStar Employee Guide, Revised August 1, 2018 TABLE OF CONTENTS Introduction 1 Anti-Bribery Policy 2 Business Travel 2 Code of Business Conduct and Ethics 2 Commitment to Health, Safety and Environmental (HSE) Excellence 3 Confidentiality and Inventions Agreement 4 Conflict of Interest 4 Employee Trading of Securities 5 Information Security and Acceptable Use Policy 5 Legal Hold Requests 6 Media Relations 6 NuStar Guiding Principles 7 Reporting Hotline – EthicsPoint 7 Review of Contracts Policy 7 HUMAN RESOURCES POLICIES & PROGRAMS The Americans with Disabilities Act (ADA) 8 Attendance 8 Background Checks and Investigations 9 Benefits 9 Compensation 9 All-Employee Bonus Plan 9 Employment Status 9 Job Descriptions 9 Market Pricing 9 Pay Changes 10 Pay Groups 10 Criminal Convictions 10 Dialogue 10 Disciplinary Counseling 11 Dress Code Guidelines 12 Election to Public Office 13 Employee Programs 14 Adoption Assistance Program 14 Educational Assistance 14 Employee Assistance Program - LifeBalance 14 Job Posting - Internal 14 NuStar-Sponsored Recreation 15 Refer-A-Friend Program 15 Scholarships 15 Service Awards 16 United Way 16 Volunteer Council/Volunteer of the Year 16 Wellness Program 16 Employee Records 16 Employment of Relatives 17 Equal Employment Opportunity and Affirmative Action 18 i Harassment 18 Health Insurance Portability and Accountability Act (HIPAA) 21 Holidays 22 Inclement Weather 22 Immigration Reform and Control Act 23 Leave Administration 23 Funeral Leave 23 Jury/Civic Duties 23 Leave of Absence Policies 24 Family and Medical Leave Act (FMLA) 24 Military Leave 26 Personal Leave of Absence 26 Sick Leave 27 Short-Term Disability 27 Long-Term Disability 28 Pay Administration 28 Break Time for Nursing Mothers 28 Overtime for Non-Exempt Employees 29 Pay Periods 29 Rest and Meal Periods 29 Timesheets 29 Resignations 29 Security 29 Visitors 30 Violence in the Workplace 30 Weapons 31 Smoking 31 Solicitations 31 Substance Abuse Prevention 32 Vacation 33 Work Schedules 34 ii INTRODUCTION Welcome to NuStar! NuStar offers some of the very best benefit and employee programs in the industry. In addition, NuStar has sound policies and procedures that support our core values and promote a positive working environment for all employees. It's our hope that you will familiarize yourself with these policies and procedures, and that you will contact your Human Resources Department if you ever have questions or need guidance during your career with NuStar. This Employee Guide applies to NuStar Services Company LLC, its parent entities and other affiliates (collectively “NuStar” or the “Company”) and all of their employees. NuStar provides this Employee Guide to inform employees about many of the policies, procedures, programs and benefits in effect throughout NuStar. Employees should read the Employee Guide thoroughly and retain it for future use. This Employee Guide contains only a summary of many of NuStar's policies that apply to all employees. NuStar has many other policies and procedures enacted by departments and locations. In some cases, policies for some NuStar locations may be modified to suit operational needs, requirements of state or local law, or a collective bargaining agreement. NuStar policies, procedures, programs and benefits summarized in this Employee Guide are subject to interpretation by NuStar, and except for the employment-at-will policy set forth in this introduction, and the mutual agreement to arbitrate as set forth in "Dialogue: The NuStar Dispute Resolution Program," this Employee Guide is subject to change or amendment at NuStar's discretion. NuStar may periodically notify employees of changes to this Employee Guide. In addition, all the policies, procedures, programs and benefits referenced in the Employee Guide may, at NuStar’s discretion, be modified from time to time. Employees should refer to the most up-to-date version of any policy. This Employee Guide replaces all previous handbooks and guides, and supersedes all earlier oral and written information or material about NuStar and its policies unless otherwise incorporated in this Guide. Should any statement in this Employee Guide conflict with federal, state, or local law, the relevant legal requirements shall supersede these policies. It is the intent of NuStar to employ and retain the most qualified individuals without regard to race, color, gender, religion, sexual orientation, national origin, age, disability, genetic characteristics, veteran status or any other category protected by federal, state or local law. NuStar strives to provide qualified employees with opportunities for personal growth and with industry-leading compensation and benefits, in a safe working environment that is free from physical, verbal and unlawful harassment, discrimination, and retaliation. In turn, NuStar expects its employees to perform work assignments in the most efficient manner, take responsibility for their own careers, have the highest ethical standards and respect their fellow employees. The information contained in this Employee Guide does not constitute a contract or an employment agreement for a fixed or defined term. Employment with NuStar remains at-will for both the employee and NuStar. Any agreement for employment that is other than terminable “at will,” is not valid unless in writing and signed by the Company’s Vice President of Human Resources or another authorized NuStar officer. Questions regarding this Employee Guide or any NuStar policy or benefit should be directed to the Human Resources Department. 1 ANTI-BRIBERY POLICY NuStar expects all employees to act with the utmost integrity. The payment or acceptance of any bribe, or anything that might be perceived as a bribe is strictly prohibited. Employees are required to ensure that third parties they retain to represent or perform services for NuStar do not present a risk of bribery or corruption. NuStar’s Anti-Bribery Policy is applicable to all employees and can be accessed through the NuStar Ethics tab on the NuStar intranet site. Employees should review the NuStar intranet site for the most up-to-date version of the Anti-Bribery Policy. Anti-Bribery Laws, including the U.S. Foreign Corrupt Practices Act (FCPA) and the U.K. Bribery Act, make it unlawful for a person – including a corporation or partnership – to make a payment to a government official or private party for the purpose of obtaining or retaining business. Prohibited payments include any offer or promise to pay or give money or anything of value that is intended to: influence any act or decision of an individual or entity; to induce a person to do or omit to do any act in violation of his or her lawful duty; obtain any improper advantage; or induce a person to use his or her influence improperly to affect or influence any act or decision. Anti-Bribery Laws also require that the Company maintain books and records that accurately and fairly detail all Company transactions. Accordingly, all transactions should: be executed in accordance with management’s authorization; be recorded in a manner that permits the preparation of financial statements in accordance with applicable standards; maintain accountability of assets; and be recorded in accounts that are reconciled to underlying detail at reasonable intervals. Violations of the Anti-Bribery Laws may result in substantial fines and imprisonment for you and the Company. All employees are expected to read and comply with the Anti-Bribery Policy and to certify that they will comply with the Anti-Bribery Policy. All employees are expected to report any instance of violation (or potential violation) of this policy or of the FCPA to their supervisor, the Legal Department, or via the Company’s Reporting Hotline. Any employee who violates the Anti-Bribery Policy, including any failure to report a violation, may be subject to discipline, up to and including termination. BUSINESS TRAVEL For detailed information on NuStar’s travel policies and procedures, please refer to the NuStar Purchase Card Management and Travel Management Policies which can be accessed via the NuStar intranet site. All air travel, hotel, car rental and rail travel reservations must be booked by using NuStar’s online booking tool or by calling NuStar Travel. The Purchase Card is a credit card that authorizes employees to purchase goods and services for use by NuStar. Purchase Cards are issued to individuals who meet NuStar’s requirements and can only be used by the individual named on the card. All NuStar employees who may travel on NuStar business or purchase business-related items are encouraged to apply for a NuStar Purchase Card. Travelers must use the Purchase Card to pay for all business-related travel and entertainment expenses where it is accepted. Personal purchases on the Purchase Card are strictly prohibited. CODE OF BUSINESS CONDUCT AND ETHICS NuStar’s Code of Business Conduct and Ethics (“Code”) covers a wide range of business practices and procedures to guide NuStar employees. The conduct of all persons subject to the Code must be fair, ethical, honest and lawful. Employees and directors should not only follow the principles stated in the Code, but should also seek to avoid even the appearance of improper behavior. Employees should never 2 do - or be asked to do - anything in the course of their duties that would violate the law, the Code or other NuStar policy. The Code represents one component of NuStar's business ethics program. Additional principles and guidelines are stated in NuStar's comprehensive set of policies and procedures that are published on NuStar's intranet site. Known or suspected misconduct or unethical behavior should be reported promptly through the channels described in the Code under “Administration of the Code”. Those who violate the standards in the Code will be subject to disciplinary action, up to and including termination of employment. The “Acting with Integrity” section is intended to foster the ethical conduct of all persons in situations that may not be specifically addressed by the Code. As contemplated by the Code, each employee to whom the Code applies is expected to certify their commitment to the Code on an annual basis. Failure to read the Code or sign the acknowledgement form does not excuse and will not excuse anyone from responsibility to understand and comply with the Code. The Code may be accessed through the NuStar Ethics tab on the NuStar intranet site. Employees should review the NuStar intranet site for the most up-to-date version of the Code of Business Conduct and Ethics. Violation of this policy can lead to disciplinary action, up to and including termination of employment. COMMITMENT TO HEALTH, SAFETY AND ENVIRONMENTAL (HSE) EXCELLENCE The protection of our employees, contractors, customers, the public, and the environment is a core value and our number one Guiding Principle – Take care of yourself, others and the environment. We have defined HSE Excellence as having zero injuries, zero incidents, environmental stewardship, and regulatory compliance. NuStar is committed to achieving HSE Excellence throughout the organization. All employees must work to attain HSE Excellence in a manner consistent with NuStar’s Guiding Principles and this Commitment. Management recognizes the need to provide employees with the resources necessary to ensure NuStar’s continued HSE improvement. To achieve HSE Excellence, we will: 1. Continuously develop our HSE culture, where each employee: • views HSE Excellence as their personal responsibility; • works collaboratively with co-workers; • has both the authority and the responsibility to ensure safe work practices are always followed; • develops a heightened awareness of surroundings and identifies potential hazards; and, • communicates HSE concerns to appropriate personnel in a timely manner. 2. Effectively implement management systems, policies, procedures, and training to improve our HSE culture. 3. Establish proactive working relationships with governmental bodies and industry organizations. 4. Communicate openly with employees, contractors, customers, public entities, and our communities to promote understanding of our commitment to HSE Excellence. In addition to following all Company policies regarding incident reporting and investigation, any employee who is injured on the job must immediately notify his or her supervisor. The employee’s supervisor should notify Gallagher Bassett Services, Inc. by calling 1-888-858-4942 (Account Code #003010/All First Reports). Timely, accurate information is also required to allow the cause of the injury to be reviewed and corrected. 3 Violation of this policy can lead to disciplinary action, up to and including termination of employment. CONFIDENTIALITY AND INVENTIONS AGREEMENT You are required to maintain the confidentiality of information entrusted to you by NuStar or its customers, except when disclosure is required by law or regulation. Confidential information includes all non-public information that might be of use to competitors, or detrimental to the Company or its customers if disclosed. It also includes information that suppliers and customers have entrusted to NuStar. The obligation to preserve confidential information continues even after your employment ends. All employees are required to sign a Confidentiality and Inventions Agreement as a condition of employment. When signed by the employee, the agreement will become part of the employee's personnel file. Violations of this policy may result in disciplinary action, up to and including termination. CONFLICT OF INTEREST NuStar conducts its affairs in a fair, just and proper manner. All employees are required to be honest and loyal to NuStar. Directors, officers and employees are expected to comply with NuStar’s system of internal controls; to deal openly with and make full disclosure to NuStar regarding potential conflicts of interest; to act in good faith and with integrity, honesty and the highest standards of ethical conduct; and to comply with applicable laws and regulations. A conflict of int