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Home My WebLink About2021/09/20 - Briefing Packet MASON COUNTY COMMISSIONER BRIEFING INFORMATION FOR WEEK OF September 20, 2021 In the spirit of public information and inclusion, the attached is a draft of information for Commissioner consideration and discussion at the above briefing. This information is subject to change, additions and/or deletion and is not all inclusive of what will be presented to the Commissioners. Please see draft briefing agenda for schedule. CO 1854 To be in compliance with Proclamation by the Governor 20-25.14 and Order of the Secretary of Health 20-03.3, in-person attendance is restricted. Our Commission meetings are live streamed at http://masonwebtv.com/and we will accept public comment via email dlz(a)co.mason.wa.us; or mail to Commissioners Office, 411 North 51'Street, Shelton,WA 98584; or call 360-427-9670 ext. 419. If you need to listen to the Commission meeting via your telephone, please provide your telephone number to the Commissioners' office no later than 4 p.m. the Friday before the meeting. BOARD OF MASON COUNTY COMMISSIONERS DRAFT BRIEFING MEETING AGENDA 411 North Fifth Street, Shelton WA 98584 Week of September 20, 2021 Monday Noon WA State Association of Counties Zoom Meeting* Virtual Assembly Monday and Thursday 8:00 A.M. Area Command Meeting* Public Works Meeting Room A 100 Public Works Way *This is being noticed as a Special Commission Meeting because a quorum of the Mason County Commission may attend this event and notification is provided per Mason County Code Chapter 2.88.020 - Special Meetings Monday, September 20, 2021 Commission Chambers Times are subject to change, depending on the amount of business presented 9:00 A.M. Support Services — Frank Pinter 9:15 A.M. Public Works — Loretta Swanson Utilities & Waste Management 9:30 A.M. Community Services — Dave Windom 10:30 A.M. Executive Session — RCW 42.30.110 (1)(g) County Administrator Interviews 3:00 P.M. Commissioner Discussion — as needed Tuesday, September 21, 2021 11 a.m. to 1 p.m. Employee Service Awards Briefing Agendas are subject to change,please contact the Commissioners' office for the most recent version. Last printed 09/16/21 at 1:20 PM If special accommodations are needed,contact the Commissioners'office at ext.419,Shelton#360-427-9670;Belfair #275-4467,Elma#482-5269. °p�ti Mason County Support Services Department Budget Management e°x Street 411 North 5 th Commissioner Administration �° rF Emergency Management Shelton, WA 98584 Facilities, Parks&Trails 360.427.9670 ext. 419 Human Resources Information Services Y Labor Relations 18.14 Risk Management MASON COUNTY COMMISSIONER BRIEFING ITEMS FROM SUPPORT SERVICES September 20, 2021 • Specific Items for Review o Continue current meeting schedule: Briefings every Monday; Commission meetings every-other- Tuesday through end of year?— Diane o Application for the Lewis-Mason-Thurston Area Agency on Aging- Diane o Lead pay for Human Resources, Emergency Management and Parks— Frank o Teamsters contracts for Detention and Probation — Frank o Housing Authority Board membership — Frank o Amend Resolution for Risk Management - Nichole • Commissioner Discussion CC:CMMRS Neatherlinii, Shutty, Trask Clerk SON coo�f� ` !``. _; MASON COUNTY COMAESSIONERS 411 NORTH FIFTH STREET L 202' SHELTONWA 98584 htL,SC�`: Ty Fax 360-427-8437; Voice 360-427-9670, Ext. 419;275-4467 or 482-5269 1854 I AM SEEKING APPOINTMENT TO LMTAAA Advisory Council NAME: Alison Voss ADDREaROM PHONE: CITY1ZIP: VOTING PRECINCT: WORK PHONE: E-MAIL: (OR AREA IN THE COUNTY YOU LJVE) -- ------------------------------------------------------------------------------------------- COMMUNITY SERVICE EMPLOYMENT' (IF RETIRED PREVIOUS EXPERIENCE) (ACTIVITIES OR MEMBERSHIPS) COMPANY: Nonprofits Plus 17 YRS For almost 50 years I have worked with a variety of nonprofits at every level (founder, POSITION: Consultant volunteer, staff,director, and consultant). COMPANY: Zoological Society of San Diego 8 YRS POSITION: Museum Accreditation Coordinator -------------------------------------------------------------------------- In your words, what do you perceive is the role or purpose of the Board, Committee or Council for which you are applying: To actively represent the interests and needs of seniors in my area, and to look for opportunities for them to enjoy their fullest Ives. What interests, skills do you wish to offer the Board. Committee,or Council? I would look for areas where my skills could enhance programs and/or areas that might not yet be represented. (My skills are mostly geared toward governance, management and fundraising.) Please list any financial, professional, or voluntary affiliations which may influence or affect your position on this Board: (i.e. create a potential conflict of interest) None Your participation is dependent upon attending certain trainings made available by the County during regular business hours (such as Open Public Meetings Act and Public Records).The trainings would be at no cost to you.Would you be able to attend such trainings? Yes, Realistically,how much time can you give to this position? Quarterly x Monthly Weekly Daly Office Use Only Alison M. Voss 6/22/2021 Appointment Date Signature Date Term Expire Date MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Frank Pinter DEPARTMENT: Support Services EXT: 535 BRIEFING DATE: 9/20/2021 PREVIOUS BRIEFING DATES: None (If this is a follow-up briefing, please provide only new information) INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance X Human Resources ❑ Legal ❑ Other— please explain ITEM: Approval to place on the September 28, 2021 Action Agenda to pay Nichole Wilston, Risk and Safety Compliance Manager, 10% Lead Pay effective September 1, 2021 until the Human Resources Administrator position is filled; pay Carl (Bud) Olson 10% Lead Pay effective September 16, 2021 until the Parks Manager position is filled and pay Tammi Wright 10% Lead Pay effective September 16, 2021 until the DEM Manager position is filled. EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): An employee who has been assigned to perform all of the significant duties of a higher level job classification, due to the absence of the employee who normally holds that position, and who performs such duties for five (5) or more consecutive days, shall be compensated on that step of the salary range of the higher job class that provides at least a five (5) percent increase over their (the employee working out of class) current rate of pay BUDGET IMPACT: 2021 budgets can absorb the increases. PUBLIC OUTREACH:(Include any legal requirements, direct notice, website, community meetings, etc.) NA RECOMMENDED OR REQUESTED ACTION: Approval to place on the September 28, 2021 Action Agenda to pay Nichole Wilston, Risk and Safety Compliance Manager, 10% Lead Pay effective September 1, 2021 until the Human Resources Administrator position is filled; pay Carl (Bud) Olson 10% Lead Pay effective September 16, 2021 until the Parks Manager position is filled and pay Tammi Wright 10% Lead Pay effective September 16, 2021 until the DEM Manager position is filled. ATTACHMENTS: Special Pay Form. Briefing Summary 9/14/2021 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Frank Pinter DEPARTMENT: Support Services EXT: 530 BRIEFING DATE: 9/20/21 PREVIOUS BRIEFING DATES: N/A If this is a follow-up briefing, lease provide only new information ITEM: Approval of both the January 2021 — December 2023 Collective Bargaining Agreements (CBA) for Teamsters Union Local No. 252 representing Mason County's Juvenile Detention Unit and Probation Unit. BUDGET IMPACTS: Supplemental — Funded by Ending Fund Balance. BACKGROUND: The exclusive representatives of Teamsters Union Local No. 252 representing Mason County Juvenile Detention Unit and Probation Unit have reached a tentative agreement with Mason County for the 2021-2023 term. It is noted and commended to the Commissioner's that the parties reached this Agreement through a very collaborative negotiations process. RECOMMENDED OR REQUESTED ACTION: Approval of both the January 2021 — December 2023 Collective Bargaining Agreements (CBA) for Teamsters Union Local No. 252 representing Mason County's Juvenile Detention Unit and Probation Unit. ATTACHMENTS: Collective Bargaining Agreement on file with Clerk of the Board. COLLECTIVE BARGAINING AGREEMENT January 1 , 2021 - December 31 , 2023 BETWEEN I i TEAMSTERS UNION LOCAL NO. 252 �a Il HERH�o o AND MASON COUNTY JUVENILE DETENTION 0 1854 2021-2023 Juvenile Detention Teamster's Collective Bargaining Agreement Pagc 1 TABLE OF CONTENTS ARTICLE1 -DEFINITIONS............................................................................................................................5 ARTICLE2-RECOGNITION. ........................................................................................................................6 2.1 RECOGNITION.....................................................................................................................................6 2.2 NEW CLASSIFICATIONS.......................................................................................................................6 ARTICLE3-UNION SECURITY.....................................................................................................................7 3.1 UNION REPRESENTATION....................................................................................................................7 3.2 NONDISCRIMINATION-UNION ACTIVITY...............................................................................................7 ARTICLE 4-UNION/EMPLOYER RELATIONS..........................................................................................8 4.1 UNION ACCESS...................................................................................................................................8 4.2 FACILITY USE.....................................................................................................................................8 4.3 STEWARDS.........................................................................................................................................8 4.4 ORIENTATION...............................................................................................................................I......8 s 4.5 BULLETIN BOARDS........................ ..........8 4.6 CONTRACT DISTRIBUTION 4.7 NEGOTIATIONS RELEASE TIME............................................................................................................9 d 4.8 GRIEVANCE RELEASE TIME ........9 4.9 UNION BUSINESS ....9 4.10 BARGAINING UNIT ROSTER.............................................................................. .............................9 i ARTICLE5-EMPLOYMENT. ........................................................................................................................9 i I 5.1 PROBATIONARY PERIODS............... ....9 5.2 TYPES OF EMPLOYMENT....................................................................................................................10 5.3 CONTRACTORS.................................................................................................................................11 5.4 STUDENTS/INTERNS .......................................................................................................11 i ; ARTICLE 6-HOURS OF WORK AND OVERTIME.....................................................................................11 6.1 WORKDAY/WORKWEEK...................................................................................................................11 6.2 WORK SCHEDULES...........................................................................................................................11 I 6.3 REST I MEAL BREAKS.......................................................................................................................12 6.4 OVERTIME 6.5 Comp TIME................... ..... 14 6.6 DETAINEE&TRANSPORT..................................................................................................................14 ARTICLE 7--EMPLOYMENT PRACTICES..................................................................................................14 j 7.1 NONDISCRIMINATION ........14 7.2 JOB POSTING.................................................................................................. ............15..................... . 7.3 PROMOTIONS.................................................................................................................................... 15 7.4 PERSONNEL FILE/POLICIES............................................................................................................. 15 7.5 EVALUATIONS................................................................................................................................... 16 7.6 DISCIPLINE/CORRECTIVE ACTION.....................................................................................................17 ' ARTICLE8-SENIORITY..............................................................................................................................18 8.1 DEFINITIONS.....................................................................................................................................18 8.2 APPLICATION OF SENIORITY..............................................................................................................19 8.3 PROBATIONARY PERIOD .......................................................................................................... ..20 8.4 LOSS OF SENIORITY..........................................................................................................................20 8.5 LAYOFFS..........................................................................................................................................21 8.6 NOTICE............................................................................................................................................21 8.7 MEETING WITH UNION.......................................................................................................................21 8.8 AFFECTED GROUP............................................................................................................................21 8.9 VACANT POSITIONS..........................................................................................................................22 8.10 SENIORITY LIST................................................................................................................................22 8.11 ORDER OF LAYOFF..................................................................................�. .. .................................22 rn T�F„ 1 / V .r1U%1 ii L 2021-2023 Juvenile Detention Teamster's Collective Bargaining Agreement Page 2 8.12 COMPARABLE EMPLOYMENT.............................................................................................................23 8.13 LAYOFF OPTIONS.............................................................................................................................23 8.14 REDUCTION HOURS/FTE.................................................................................................................24 8.15 RECALL............................................................................................................................................24 8.16 VACATION&LEAVE CASH OUTS/PAY..............................................................................................25 8.17 UNEMPLOYMENT CLAIMS..................................................................................................................26 ARTICLE9-WAGES....................................................................................................................................26 9.1 WAGE SCHEDULE.............................................................................................................................26 9.2 HIRE-IN RATES........................................................................................... ...............26 ....................... 9.3 SHIFT DIFFERENTIAL.........................................................................................................................26 ARTICLE 10-OTHER COMPENSATION.............................................................. ..26 10.1 CALL-BACK PAY.........................................................................................................................26 10.2 WORK IN A HIGHER CLASSIFICATION............................................................................................27 10.4 MILEAGE REIMBURSEMENT......................... ...............27 I 10.5 LONGEVITY ..27 10.6 CLOTHING ALLOWANCE...............................................................................................................27 ARTICLE 11 HOLIDAYS ............................................................................................................................28 a 11.1 HOLIDAYS...................................................................................................................................28 11.2 RELIGIOUS HOLIDAYS..................................................................................................................28 11.3 HOLIDAY COMPENSATION............................................................................................................28 ARTICLE 12-VACATION ...........................................................................................................................29 z 12.1 VACATION ACCRUAL....................................................................................................................29 12.2 VACATION SCHEDULING ..........29 l 12.3 VACATION PAY 12.4 VACATION UPON TERMINATION............................ ...............31 i ARTICLE 13 SICK LEAVE .........................................................................................................................31 1 13.1 SICK LEAVE ACCRUAL................................................................................................................31 13.2 SICK LEAVE USAGE.............................................. .............31 ......................................................... 13.3 SHARED LEAVE...........................................................................................................................31 13.4 COORDINATION-WORKER'S COMPENSATION.......................... ................32 .................................... 13.5 FAMILY MEMBER.........................................................................................................................33 13.6 SICK LEAVE CASH OUT...............................................................................................................33 ARTICLE 14-LEAVES OF ABSENCE........................................................................................................33 14.1 IN GENERAL................................................................................................................................33 14.2 JURY DUTY/COURT....................................................................................................................33 14.3 MILITARY LEAVE.........................................................................................................................33 14.4 BEREAVEMENT............................................................................................................................33 14.5 MAINTENANCE OF SENIORITY.......................................................................................................34 14.6 LEAVE WITHOUT PAY..................................................................................................................34 14.7 FAMILY LEAVE-FMLA...............................................................................................................34 14.8 MATERNITY LEAVE...................................................................................................:..................34 14.9 PAID FAMILY&MEDICAL LEAVE COMPLIANCE.............................................................................35 14.10 WASHINGTON STATE LONG TERM CARE TRUST ACT COMPLIANCE...............................................35 ARTICLE 15-HEALTH &WELFARE..........................................................................................................35 15.1 HEALTH AND LIFE INSURANCE.....................................................................................................35 15.2 RETIREMENT...............................................................................................................................36 15.3 TEAMSTER'S PENSION.................................................................................................................36 ARTICLE 16-TRAINING. .............................................................................................................................36 16.1 TRAINING....................................................................................................................................36 16.2 TRAINING REIMBURSEMENT.................................................................. ..... {{.gy�p. p.T1.1�4.I...37 2021-2023 Juvenile Detention Teamster's Collective Bargaining Agreement Page 3 ARTICLE 17- LABOR I MANAGEMENT COMMITTEES............................................................................37 17.1 PURPOSE OF COMMITTEE............................................................................................................37 17.2 COMPOSITION OF COMMITTEE......................................................................................................37 17.3 COMPENSATION........................................................... ..37 ............................................................. ARTICLE 18-HEALTH &SAFETY..............................................................................................................38 18.1 SAFE WORKPLACE......................................................................................................................38 18.2 HEALTH&SAFETY PLAN........................................................... ......38 ............................................ 18.3 DRUG FREE WORKPLACE............................................................................................................38 18.4 WORK PLACE VIOLENCE ......................................................................................38 ARTICLE 19-GRIEVANCE PROCEDURE ..................................................................................................38 19.1 GRIEVANCE DEFINED..................................................................................................................38 19.2 GRIEVANCE PROCEDURE.............................................................................................................39 19.3 UNION I EMPLOYER GRIEVANCE..................................................................................................40 j 19.4 SCHEDULE OF MEETINGS........................ .......................41 ARTICLE 20- NO STRIKE 1 NO LOCKOUT.................................................................................................41 20.1 NO STRIKE I NO LOCKOUT ................................................................................41 ARTICLE 21 - MANAGEMENT RIGHTS AND RESPONSIBILITIES...........................................................41 21.1 MANAGEMENT RIGHTS AND RESPONSIBILITIES.............................................................................41 ARTICLE22-GENERAL PROVISIONS. .....................................................................................................42 22.1 SAVINGS CLAUSE........................................................................................................................42 { ARTICLE 23- ENTIRE AGREEMENT, ........................................................................................................42 23.1 DURATION CLAUSE.....................................................................................................................42 23.2 ENTIRE AGREEMENT SIGNATURES................................................................................................................................................44 APPENDIX A—JOB CLASSIFICATIONS&WAGE TABLE. .....................................................................................45 i� { 2021-2023 Juvenile Detention Teamster's Collective Bargaining Agreement Page 4 PREAMBLE Mason County, a political subdivision of the State of Washington, the Mason County District and Superior Court Judges—acting in their capacity as administrators of the Mason County Superior Courts, and Teamsters Union Local No. 252, hereinafter referred to as the"Union,"do hereby enter into this Agreement for the purposes of promoting harmonious relations and efficiency. Pursuant to RCW 41.66.030, the Employer for purposes of negotiating wages and economic-related matters shall be the Mason County Board of Commissioners, and the Employer for purposes of negotiating working conditions and all other non-wage related matters shall be the District and Superior Court judges or their designee(s), ARTICLE 1 — DEFINITIONS j As used herein, the following terms shall be defined as follows: 1 1.1 "Bargaining Unit" (Union) shall be Teamster Union Local No. 252. 3 1.2 "Division" refers to the Division of Juvenile Detention. 1.3 "Employer' shall mean the Board of Mason County Commissioners and the Superior and District Court Judges. I 1.4 "Employee" shall mean a person occupying a position and paid a salary or wage by the Employer and who is represented by the bargaining unit (as defined in Article 2.1 hereof) covered by this Agreement. Employee shall not include any person retained by the Employer under a written personal services or consultant contract or agreement. 1.5 Executive,Administrative,and Professional Employees shall mean all employees as defined in WAC 296-128-500. j 1.6 Job classifications and salary steps are listed and categorized in Appendix A of this agreement. 1.7 "Immediate family"shall be defined as persons related by blood, marriage, or legal adoption in the degree of relationship of grandparent, parent, wife, husband, brother, sister, child biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parenfis who is under eighteen years of age; or eighteen years of age or older and # incapable of self-care because of a mental or physical disability, grandchild, domestic partner (state registered), in compliance with WAC 296-130-030 and RCW 49.12.270 (or subsequent statutes)and other persons with the approval of the Employer or designee. 1.8 "Overtime" shall mean all Employer-required worts, which has been performed in excess of their regular scheduled workday, or forty(40) hours per week, consistent with Article 6.4. 1.9 Promotions, Transfers and Demotions defined and distinguished: a. Promotion is a change of an employee from a job classification to a different job classification, which is compensated at a higher salary range. b. Transfer is a change of an employee from a job classification to a different job classification, which is compensated at the same salary range. c. Demotion is a change of an employee from a job classification to a different job classification, which is compensated at a lower salary range. l� 2021-2023 Juvenile Detention Teamster's Collective Baigaining Agreement Page 5 1.10 "Vacation" shall mean a scheduled workday or accumulation of scheduled workdays on which an employee may, by pre-arrangement, continue to receive the regular rate of compensation although he or she does not work. 1.11 For the purpose of timelines associated with grievances, appeals and policy issues, "day" shall mean a calendar day. 1.12 "Anniversary Day of Pay"shall mean the day of your step increase depending on the day of hire or promotion that takes place within the same pay period of anniversary date. The actual day of pay increase shall be the 1 st or the 16lh of the month, depending on the date of the anniversary day (e.g. if an employee's anniversary date is on January 14, the pay increase will take effect January 1). ARTICLE 2— RECOGNITION 2.1 RECOGNITION The Mason County Board of Commissioners and the Mason County Superior Courts recognize that the Teamster Union Local No. 252, Centralia and Olympia, Washington, has the right to bargain for all full-time and regular part-time Juvenile Detention Officers and Detention Supervisors in the Mason County Juvenile Detention Division, excluding: extra-help employees, managers, 1 supervisors and confidential employees, under the conditions set forth in the Washington State i Public Employee's Collective Bargaining Act of 1967. All collective bargaining with respect to wages, hours and working conditions shall be conducted by authorized representatives of the Union and authorized representatives of the Employer.Agreements reached between the parties of this Agreement shall become effective only when signed by the authorized representatives of the Union and by the Board of Mason County Commissioners and the Superior Court. 2.2 NEW CLASSIFICATIONS When new Regular or Temporary positions are created within the Divisions represented or the classifications listed in Article 9.1, the Union will be notified of the pending action prior to hire. When existing classifications are substantially modified within the Divisions represented or the classifications listed in Article 9.1, the Union will be notified of the pending action within ten (10) working days of the date that the position is first posted/ advertised or the proposed effective date of the action that would change the status of the classification. It is mutually agreed that it is the intent of the parties to meet, upon request by either party, in order to include or exclude new or modified positions in the bargaining unit consistent with the duties, responsibilities, and organizational level of the classification. The parties agree that new classification(s)designated and approved by the Employer to be within the non-represented pay plans shall be excluded from the bargaining unit, absent a request to meet within thirty (30) calendar days. Existing bargaining unit classifications shall remain within the bargaining unit absent a mutual agreement by the parties or a decision by the Public Employment Relations Commission(PERC). If either party disagrees with the pay plan designation for a new or reclassified position, the parties recognize the determination of whether the position is included within the bargaining unit may be reviewed by PERC upon petition by either party or jointly. Should PERC determine the classification to be included in the bargaining unit, the position shall be placed within the Union salary schedule C l l 2021-2023 Juvenile Detention Teamster's Collective Bargaining Agreement Page 6 at the appropriate rate of pay and at a step arrived at either by mutual agreement/negotiation, or PERC ruling. ARTICLE 3—UNION SECURITY 3.1 UNION REPRESENTATION a. It is mutually agreed that only Union members of this unit shall engage in active participation in Union affairs of this unit or serve in a role of leadership of the unit such as: serving as a delegate or representative, serving on negotiating or other Union committees, or participating in other similar activities to the interest of the unit. b. The Union shall have up to a thirty (30) minute orientation with new employees' during the employees regular work hours. The Union will explain that it is the designated as the exclusive representative for all employees covered under the Collective Bargaining Agreement. The Union shall inform each new employee that membership in the Union is voluntary and only when an employee clearly and affirmatively consents to joining the Union may the Union collect fees. In addition,the Union shall explain to the new employee the rights and the benefits the employee would forgo by being a non-member. c. The Union agrees to accept employees as members without discrimination as to race, color, creed, sex, sexual orientation, national origin or physical, sensory or mental j disabilityor protected classes under the law. d. The Employer will provide for payroll deduction of Union dues and initiation fees upon authorization by the employee. Payroll deduction authorization cards must be received by the County department by the 15th day of the month to be recognized as effective for that month. The County will transmit to the duly designated officer of the Union the total amount so deducted together with the list of names of the employees from whose pay deductions were made. All refunds of such deductions, which may be required to be made to any employee, shall be made by the Union, and the Union shall settle all questions, and disputes between it and its members with reference to the deductions or i refunds of the like without recourse to the County. { e. The Employer will distribute one copy of this Agreement to each employee in the unit and to each newly hired employee of the unit, The cost of printing this Agreement shall be equally shared between the Department and the Union. i f. The Union agrees to supply the Employer with lists of officers of the Union and 1 representatives and to keep such lists current. The Employer will recognize the officers and representatives, or shop stewards. g. Signatory organization will indemnify, defend,orhold the Employer harmless against any claims made and against any suit instituted against the County on account of any check- off of dues for the Union organization. The Union agrees to refund to the County any amounts paid to it in error on account of the check-off provisions upon presentation of proper evidence thereof by the County. 3.2 NONDISCRIMINATION—UNION ACTIVITY Neither party shall discriminate against any employee because of membership in or non- membership in or activity on behalf of the Union. No employee shall be discharged or discriminated against for upholding Union principles, fulfilling duties as a Steward in the Union or serving on a Union committee. op z li AL 2021-2023 Juvenile Detention Teamster's Collective Bargaining Agreement Page 7 ARTICLE 4— UNION ! EMPLOYER RELATIONS 4.1 UNION ACCESS Employees shall have the right to Union representation. The Union's authorized staff representatives shall have access to the Employer's premises where employees covered by this Agreement are working for the purpose of investigating grievances and contract compliance, after notifying the Employer. Access for other purposes shall not be unreasonably denied by the Employer, provided, however, that there is no serious or prolonged interruption of the Employer's working schedule. Such visits shall not interfere with or disturb employees in the performance of their work during working hours. 4.2 FACILITY USE The conduct of Union business on Employer time and premises shall be subject to the limitations set forth in this Article and with the understanding that no Union member or Steward shall use Employer's equipment in the conduct of Union business. The Union shall be permitted to use designated premises of the Employer for Union meetings, with 1 or without Union staff present, provided it is not disruptive to operations and space is available. Use of Employer's premises for meetings shall be limited to the hours of 5pm to 8am and 12pm to 1 pm, unless otherwise approved by the Employer. 4.3 STEWARDS The Union may designate Shop Stewards and alternates for Detention. Stewards shall be allowed reasonable time during working hours to investigate and process grievances. Prior to undertaking such grievance duties, the Stewards shall inform his/her supervisor of the need to be away from his/her work. The Division shall grant the Steward's request unless the Stewards cannot be spared at that particular time. If such is the case, then Stewards shall be allowed time to perform his/her Stewards duties at the earliest possible time. The Union shall provide the Human Resources Department with a current list of all Stewards. With notice to the Employer, Stewards shall be allowed reasonable time during working hours to investigate and process grievances, as defined in Article 4.8, 4.9 and 19.4. 1 Union activities other than those provided for in this Article are to be conducted on the employee's own time; e.g. lunch or coffee breaks, before or after work. Employees shall attend Union meetings on their own time. i 4.4 ORIENTATION During the new employee orientation process, Human Resources provide a copy of the Collective Bargaining Agreement and will notify the new hire of their shop steward. Per RCW 41.56.037, each new hire will receive an opportunity to meet with their shop steward for a minimum of thirty (30) minutes within the first ninety(90)days from the date of hire,which will take place at the employee's regular worksite or a mutually agreed upon location. Human Resources will notify the shop steward and Union representative of each new hire within ten (10) business days of the date of hire. 4.5 BULLETIN BOARDS The Employer will provide a bulletin board for Union use. No materials shall be posted except notices of meetings and elections, results of elections, changes in Union by-laws, notices of employee social occasions, similar Union notices, letters, and memoranda. Union will limit the posting of any material on the Employers' premises to its bulletin board. IIGIINAL 2021-2023 Juvenile Detention Teamster's Collective Bargaining Agreement Page 8 4.6 CONTRACT DISTRIBUTION The Union will provide access to a copy of this Agreement to each new and current employee in the unit. 4.7 NEGOTIATIONS RELEASE TIME The Employer will make a good faith effort to assist in providing release time for Union negotiating team members participating in contract negotiations if negotiations take place on work time, provided that coverage can be arranged. 4.8 GRIEVANCE RELEASE TiME Prior to any proposed investigation of a grievance, Stewards provide notice to their and the grievant's supervisor, which will be granted unless the Stewards, or the grievant is working on something that requires immediate attention. If permission cannot be immediately granted, the Employer will arrange to allow investigation of the grievance at the earliest possible time. When it is necessary for Stewards to conduct Union business authorized by this Agreement in an area or on a shift other than their own, they shall notify the supervisor of that area or shift of their presence and of the nature of their business. No compensation shall be provided by the Employer for such Stewards activities outside the employee's work shift, without express pre-authorization by the Steward's Division Director or Human Resources. 4.9 UNION BUSINESS Compensable Union business shall be defined as meeting with an authorized Employer j representative who schedules a meeting during normal business hours when it is necessary for a duly authorized Steward of the Union (who is also a member of the bargaining unit)to attend for the purpose of resolving a grievance filed by a member of the bargaining unit, or other issues that require the presence of a Union official. When reasonably possible, the Union representative will notify their Supervisor or designee when they are requested to attend a Union meeting during regular business hours. Consistent with Articles 4.3, 4.8 and 19.4, Stewards shall be afforded reasonable time for the investigation of grievance and compliance issues dealing with this Agreement. Other Union business will not be conducted on Employer time. Any concerns by the Employer, which indicate that a Steward is spending an unreasonable amount j of time performing Union duties,shall be referred to Human Resources for discussion and resolution with the Staff Representative of the Union or their designee. The Union and the Employer have the right to communicate on matters of concern using e-mail, written correspondence, and telephonic communications. The Parties agree to ensure that all i respective stakeholders are notified and copied appropriately. The parties agree to respond to written and e-mail correspondence and telephonic messages as soon as reasonably possible. 4.10 BARGAINING UNIT ROSTER The Auditor's Office will provide the Union with a list of all employees within the bargaining unit on an annual basis. The Auditor will also provide to the Union President/Shop Stewards the name and other pertinent information regarding new hires. The Union agrees to supply Human Resources with current lists of Stewards. The Employer will recognize the Stewards as soon as Human Resources receive the list, in writing. ARTICLE 5— EMPLOYMENT 5.1 PROBATIONARY PERIODS All newly hired employees will be placed on probationary status for a period of six(6)calendar months from date of hire, except as identified in Article 16.1. New employees with prior related experience O ILIN L 2021-2023 Juvenile Detention Teamster's Collective Bargaining Agreement Page 9 may be placed at a step in the salary range equivalent to one step for each two years of experience, up to a maximum of three steps. The Employer may discharge a probationary employee with a minimum of one(1)day written notice. A probationary employee does not have the right to grieve termination of his or her employment during the probationary period. The Employer may extend the six-month probationary period for new employees up to an additional six months. The Employer shall provide a written notice to the Union no less than fourteen (14) calendar days prior to the probationary period's expiration of his or her intent to extend a probationary period. The Union may request reconsideration of the decision and/or the length of the extension period within fourteen (14) calendar days of the date of the notice. The employee will remain on probation until such time as a resolution has been determined. Trial Service Period - Employees who are transferred or promoted to another position and/or classification in the bargaining unit shall serve a trial service period for three (3) months of work, consistent with Article 7.3. 5.2 TYPES OF EMPLOYMENT NOTE: BENEFITS ELIGIBILITY MAY NEED TO BE REVISED PER ACA 5.2.1 REGULAR FULL-TIME EMPLOYEES: A regular full-time employee is scheduled to work forty (40) hours per week in a regularly budgeted, on-going position. Regular full-time employees are eligible to receive the standard benefit package. 5.2.2 REGULAR PART-TIME EMPLOYEES: A regular part-time employee typically is scheduled to work a minimum of twenty(20) hours per week but no more than forty (40) hours per week in a regularly budgeted, on-going position. Regular part-time employees are eligible to receive the standard benefit package, prorated to match the FTE percentage, and adjusted by actual hours worked. Medical benefits are consistent with Article 15.1. 5.2.3 TEMPORARY EMPLOYEES: A temporary employee is hired for a specific assignment that has a duration of employment and schedule that is anticipated to work one thousand and forty(1,040) hours or more in a twelve (12) month period. A temporary employee is eligible for the standard benefits package, prorated to match the anticipated FTE percentage and adjusted by actual hours worked. Medical benefits are consistent with Article 15.1 if Part-Time Temporary. If a regular employee accepts an assignment of a temporary position, that employee will be eligible for return rights to their former position upon completion of the specific assignment, or term of the temporary employment, or upon twenty (20) calendar days' notice from the Employer, or 30 calendar days' notice from the employee, whichever is earlier. The regular employee shall continue to earn seniority as to their former position during the period of the temporary position assignment. Any new-hire employee who is hired to fill the vacancy, which was created by the regular employee accepting a temporary position,will also be hired as a temporary employee and that employee will cease to have employment rights upon the return of the regular employee to the former position. 2021-2023 Juvenile Detention Teatnster's Collective Bargaining Agreement Page 10 For regular employees moving to a temporary position, as above, Union membership status will remain unchanged, per the Agreement representing the temporary position. Employees in temporary positions serve an anticipated but not guaranteed term. While a term of employment is anticipated, the assignment/ project may be terminated at any time for any reason, with or without notice. 5.2.4 EXTRA-HELP EMPLOYEES: An extra-help employee works in a limited, but on-going capacity. They do not have a specific end date. Their schedule may consist of an intermittent or varying schedule per week, on an as needed basis, and are anticipated to work fewer than one thousand and forty (1,040) hours within a twelve (12) month period. They are not eligible for the benefits package, nor union membership. 5.2.5 SEASONAL EMPLOYEES: A seasonal employee works for a specific amount of time, and is not anticipated to meet or exceed one thousand and forty(1,040)accumulated hours in a twelve(12)month period. A seasonal employee is not eligible to receive the benefits package. i I 5.3 CONTRACTORS The Employer will make good faith efforts to limit bargaining unit work to employees covered by this Agreement. Should the Employer consider Subcontracting, the parties shall meet to allow the Union an opportunity to review the County's financial reasons for considering subcontracting and to present any alternative means of cost-savings besides subcontracting for the County to consider. If the County determines that subcontracting is necessary, the County shall negotiate with the Union the effects of subcontracting upon members of the bargaining unit. i 5.4 STUDENTS/INTERNS Student and Intemship programs may be created by the employer provided such does not take work away from budgeted classifications represented by the Union, the Union is provided notice and, j upon request by the Union, the Employer meets with the Union to discuss the impacts and benefits of the program. ARTICLE 6—HOURS OF WORK AND OVERTIME 6.1 WORKDAY/WORKWEEK A regular full-time workweek shall consist of forty(40) hours of time actually worked or compensated within a seven (7)day period(typically Sunday 12:00 a.m. through Saturday 11:59 p.m.). Changes in work schedule,which may include changes in the schedule or total hours, shall be consistent with Article 6.2. 6.2 WORK SCHEDULES For regular full-time employees, the workweek shall normally consist of forty (40) hours of time scheduled within a seven (7) consecutive day period. Work related travel time is to be paid at the employee's regular rate of pay, to include overtime when appropriate, in accordance with the Fair Labor Standards Act (F.L.S.A.). For full-time employees, the paid work-day shall consist of between eight(8) consecutive hours and twelve (12)consecutive hours, or otherwise as agreed upon by the employee and management. The work-week shall consist of five(5) consecutive days (5-8's), or four(4) 2021-2023 Juvenile Detention Teamster's Collective Bargaining Agreement Page i I consecutive days(4-10's), (4-12's), or three(3)consecutive days (3-12's), or otherwise agreed upon by the employee and management. At the discretion of management, one "full-time" position, with full-time seniority rights and County benefits, may be created for which the employee's paid work-day shall consist of between five (5) consecutive hours and twelve (12)consecutive hours (on consecutive days), or as otherwise agreed upon by the employee and management. This is a three-quarter to full-time position that will be regularly scheduled between 32 to 40 hours per week. Seniority shall be used to select fixed shifts. July 1st of each year, employees, by a majority vote, shall determine whether or not to return to rotating shifts. Any permanent vacancy in an assigned fixed shift position shall be posted for bidding for ten (10)calendar days. The shift shall be awarded to the most senior employee who applied and who meets the division's gender needs. For staff scheduled to attend the Juvenile Corrections Personnel academy, the employee will be { paid for forty(40)hours each week of the academy, plus, be paid for travel time. If actual class time extends beyond forty (40) hours during the week, then overtime pay provisions would apply. 1 6.3 REST/MEAL BREAKS Employees will be allowed up to a one (1) hour unpaid lunch period as approved and scheduled by the Elected Official/Department Head. Employees may take one (1) fifteen-minute break for every four(4) hours worked. Breaks should be arranged, so that they do not interfere with County business or service to the public. Lunch periods and breaks shall not be combined, and they may not be used to shorten an employee's workday. Rest periods are to be taken during down times such as while school is in session, during a lock down period, while the detainees are sleeping or resting and scheduled as near as possible to the middle of each half-day shift. If a Detention employee does not receive a lunch period or break, he or she shall receive additional compensation at one and one- half (1 '/2) times his or her normal rate for the time the employee was not relieved from duty. However, for the Detention employee to receive the aforementioned premium compensation, the Detention employee must submit a "Break Report" to the Detention Manager at the conclusion of the employee's shift, explaining why the employee was not able to take his or her break or lunch 1 period. While on a rest period, staff will not be required to do any of the normal duties associated j with detention work; however, staff will be required to remain available to respond to an emergency situation. Breaks are to be taken while remaining on the work site, or within a four(4) block radius from the Detention Center. Employees on breaks are required to be able to instantly communicate with the Detention Center, directly, either by intercom, or via radio communication. 6.4 OVERTIME Any regular full-time employee in paid status more than eight(8) hours in a work day, or forty (40) hours in a week, shall be paid for overtime at a rate of one and one-half(1 '/2) hours for the work performed; or, at the request of the employee, accumulate comp time. Please refer to Article 6.5 for comp time accrual. Any employee in paid status beyond their scheduled work-day, or forty(40)hours in a week[except one hundred twenty (120) hours in three (3) weeks for twelve (12) hour shifts] shall be paid for overtime at a rate of one and one half(1 '/2)times, or accrued within comp time limits. Please refer to Article 6.5 for comp time accrual. Employees in the 3-12 cycles (36, 36, 48 hours) shall be paid overtime for all hours in excess of this schedule. All overtime hours worked shall be approved by the Manager or Designee. Work performed on the seventh (7th) consecutive day or Holidays shall be paid at the rate of time and one-half(1 '/2). 'Overtime' on Holidays shall be paid at the double time rate. 'saki 2021-2023 Juvenile Detention Teamsters Collective Bargaining Agreement Page 12 When an employee is called in to work all or part of a shift, a minimum of four(4) hours' pay at the appropriate rate shall be allowed. The employee receiving the four(4)hours of pay will be required to work four(4)complete hours, unless the employee requests to leave prior to the expiration of the four(4) hour work period. In such case, the employee will receive the appropriate pay for the time worked. When an employee is called in for other reasons (court duty, transports, appointments, etc.), the employee shall receive a minimum two (2) hours at the appropriate rate. The employee receiving the two (2) hours of pay will be required to work two (2) complete hours unless the employee requests to leave prior to the expiration of the two (2) hour period. In such case, the employee will receive the appropriate pay for the time worked. The above provision does not apply to employees who are called to come in early, or who stay after their regularly scheduled shift. When an employee is called in to cover the remainder of a shift for an employee who is on duty, but must leave,the called-in employee must be able to arrive at the work-site within 60 minutes in order to be eligible to accept the shift. Anyone required by Management to be available at a fixed location, or who is required to remain 1 accessible by radio, telephone, beeper, etc., during any hours other than his/her regular working hours shall be credited one-half(1/2)time pay or comp time for each hour of such service. j 1 Subject to the below paragraphs, all available shifts, including vacancies, shall be offered by t seniority to employees subject to management's gender requirements: Shifts for non-scheduled absences of full-time employees shall be first offered to full-time employees. Non-scheduled absences are those absences for which the absent employee did not provide Detention at least 24 hours' notice prior to the absence. For gender specific shifts, (shifts i normally scheduled to be worked by a male or female staff member that run from approximately 0600-1800 or 1800-0600), the shift being offered will be first offered to full-time staff of the same gender as the regularly scheduled absent staff. A full-time staff may take all or part of the shift, but shall not leave less than four hours not taken. If, after an attempt is made to fill the shift, and no gender appropriate full-time staff members are available, then the shift, or remaining portion of the shift, may be offered to part-time staff who are the same gender as the absent staff. Full-time employees will be first offered all non-scheduled absences for regularly scheduled full-time shifts (including a non-scheduled absence of a part-time employee who had been previously scheduled to replace a full-time employee's scheduled absence). In the event that no full-time or extra-help employees of any gender are available to take an open shift, management shall be called and one of the staff currently on shift shall be required to remain on shift until relief arrives. Other available shifts, including those scheduled to extra-help employees, will be offered in the following order: a) To extra-help employees so long as the extra-help employee does not work or is not scheduled to work more than forty(40) hours during the week, b) To full-time employees. For safety reasons, barring extraordinary circumstances, employees shall not work more than sixteen(16)consecutive hours with an intervening eight(8)hours of rest prior to their next period of 2021-2023 Juvenile Detention Teamster's Collective Bargaining Agreement Page 13 work. However, up to eighteen(18)consecutive hours shall be allowed if the employee is scheduled to have the next day off. 6.5 Comp TIME The Elected Official/Department Head may authorize comp time in lieu of overtime compensation and/or holiday premium pay,and, if so,the employee shall receive comp time at the time-and-one-half (1 1/2)rate. Comp time earned may be used only on the days mutually agreed by the employee and the County. The scheduling of comp time off shall be requested and approved in the same manner as vacation leave. Employees hired before January 1, 2011, may accrue up to two hundred forty (240) hours of comp time. All comp time after the limit of two hundred forty(240) hours is reached shall be paid at time and one-half, or used by the employee as time off. All unused comp time will be paid at the end of each year. However, at the employee's request, up to twenty-four (24) hours of comp time is permitted to carry-over into the following year. Employees hired on or after January 1 2011 shall be permitted to accrue u to eighty 80 hours of p P 9 Y( ) romp time.All unused comp time will be paid at the end of each year. However, at the employee's request, up to twenty-four(24)hours of comp time is permitted to carry-over into the following year. For employees hired on or after January 1, 2019, no rollover comp time can be banked, and the allowed eighty(80) hours of accrued comp time must be used, or paid out by the end of each year. If the employee does not use all their accumulated comp time,they will receive a payout for the unused comp time on the December 25 payroll check. Compensation shall not be paid (nor comp time earned) more than once for the same hours under any provision of this Article or Agreement. Premium or overtime pay shall not be duplicated or pyramided unless required by the Fair Labor Standards Act, in which case premium or overtime pay shall be based on the employee's regular rate of pay. i Unless there are bon a fide work requirements, authorized overtime work opportunities shall be distributed as equally as possible, in order of seniority within job classifications. Employees may decline voluntary overtime opportunities. 6.6 DETAINEE&TRANSPORT Subject to available funding and staffing, the Mason County Juvenile Court authorizes the use of two (2) staff for all transport to/from all counties within the State of Washington, except for Kitsap, Jefferson, Grays Harbor, Thurston, Lewis, Pierce and King (other than Echo Glen)Counties. ARTICLE 7— EMPLOYMENT PRACTICES j 1 7.1 NONDISCRIMINATION j Under this Agreement, neither party will discriminate against employees on the basis of race, sex, I age, marital status, color, creed or religion, national origin, political affiliation, veteran status, sexual orientation, or any real or perceived sensory, mental or physical disability, or because of participation in or lack of participation in union activities. Bona fide occupational qualifications based on the above traits do not violate this Section. Sexual harassment will be considered discrimination under this Article. Disputes involving this Article may be processed through an appropriate agency and/or the grievance procedure; however, use of the grievance procedure is encouraged prior to the initiation of any other official action involving such a dispute when the action is originated by the Union or members thereof. 2021-2023 Juvenile Detention Teamster's Collective Bargaining Agreement Page 14 Whenever words denoting gender are used in this Agreement, they are intended to apply equally to either gender. 7.2 JOB POSTING All job vacancies (or newly created positions) under this Agreement shall be posted within each division for ten (10) days for bidding purposes. Employees who are promoted or transferred shall be given a reasonable trial period of up to three (3) months, subject to review under the grievance procedure. If unsuccessful in the new position, the employee shall be returned to their previous position. 7.3 PROMOTIONS Promotions, Transfers and Demotions defined -As used in this Article the following terms mean: A) Promotion is a change of an employee from a job classification to a different job classification which is compensated at a higher salary range within their division. B) Transfer is a change of an employee from a job classification to a different job classification which is compensated at the same salary range within their division. C) Demotion is a change of an employee from a job classification to a different job classification which is compensated at a lower salary range within their division. Employees who promote, transfer or voluntarily demote to another job classification within their i Division shall serve a three(3)month trial service period in their new position. Employees may elect to revert to their previous job classification and position within thirty (30) calendar days of the effective date of the promotion, transfer or voluntary demotion. After this time, if an employee fails to successfully complete the trial service period in the new job classification, the employee may be returned to their previous position if it has not been either abolished or filled. If the position was abolished or filled (i.e. an offer of employment has not been extended), such employee will be laid off and eligible for recall in accordance with Article 8, except that the employee may not bump another employee. Employees on trial service shall be paid the appropriate established salary for that position; and, if reverted, will return to their previous salary (including any adjustments due; e.g. salary increase, step increase, etc.). Employees who promote, transfer or voluntarily demote to a job classification outside of a Division shall serve a three (3) month trial service period in their new position. If they fail to obtain Regular status in the new position the employee may not return to their previous position, unless the employee chooses to revert back within thirty(30) calendar days. In that case, the employee will be returned to the same or similar classification and pay as held prior to promotion or transfer (including any adjustment due, e.g., salary increases, step increases, etc.). When an employee is promoted, they will be placed on the step and range on the salary plan that gives them at least a five percent(5%)wage increase. Step increases from that date will depend on where the employee is placed. When an employee is transferred, they shall retain their step placement and their step date. When an employee voluntarily accepts a lower classification within the bargaining unit he/she shall be placed on the same step in the new range(Example: 11 E to 9E). 7.4 PERSONNEL FILE I POLICIES Unless otherwise provided by the terms of this Agreement, the Employer Administrative and Personnel Policies shall apply to members of this bargaining unit. Employees shall also refer to 2021-2023 Juvenile Detention Teamster's Collective Bargaining Agreement Page 15 Employer policies to resolve matters not covered by this Agreement or for clarification of matters covered by this Agreement. However, where there is a conflict between Employer policies and any provisions of this Agreement, the provision(s)of this Agreement shall govern. The official personnel file for each employee shall be clearly identified as such and the Human Resources Department shall be the custodian of such files. The files shall be locked,and access shall be limited to the employee's Employer or anyone designated by the Employer to act on their behalf, and staff in the Human Resources Department. An employee may examine his/her own personnel file by making an appointment with Human Resources. Representatives of the employee may be granted access with the written authorization of the employee, except as authorized by law. Conditions of hiring, termination change in status, shift, evaluations, commendations and disciplinary actions shall be in writing with a copy to the Employee prior to placement in their personnel file. The Employer's failure to abide by this Article pertaining to personnel file access shall not affect the Employer's ability to proceed with the merits of discipline or discharge but may be a separate Union grievable matter and any grievance time-lines will be correspondingly extended. Employees shall have the right to provide a written response to any written evaluations or disciplinary actions to be included in the personnel file. Upon approval of the Human Resources l Department, employees may add additional documents to their personnel file including, but not a limited to, certifications, degrees, and commendations. ' Medical files shall be kept separate and confidential in accordance with state and federal law. 7.5 EVALUATIONS The purpose of evaluation is to help an employee be successful in performance and to understand the standards and goals of their position and their Division. The evaluation will assess and focus on the employee's accomplishment of their job functions and the goals and standards of the position. Where the employee does not meet the above, a plan for correction, training or support should be developed with the employee. j Evaluation may occur in two forms: i 7.5.1 All regular employees should be formally evaluated in writing by their ' immediate supervisor and/or Department head or designee during the probationary or trial service period and at least annually(at date of hire or a common date)thereafter. 1 7.5.2 Additionally, evaluation of job performance may occur at any time and on an ongoing basis. Evaluation may occur in various ways and may include coaching, counseling or written assessment. The evaluation process shall also include a review of the current job description. Evaluation shall not, by itself, constitute disciplinary action—disciplinary action must be specifically identified as such, in writing, consistent with Article 7.6. Employees will be given a copy of the evaluation. Employees will be required to sign the evaluation, acknowledging its receipt. Evaluations are not grievable, however, employees may elect to provide a written response to the evaluation, which will be retained with the evaluation in the employee's personnel file. CAS Gl NAL 2021-2023 Juvenile Detention Teamster's Collective Bargaining Agreement Page 16 7.6 DISCIPLINE I CORRECTIVE ACTION The Employer agrees to act in good faith in the discipline, dismissal or demotion of any regular employee and any such discipline, dismissal or demotion shall be made only for just cause. No employee shall be discharged except for just cause. The parties recognize that just cause requires progressive discipline. Progressive discipline may include: • oral warnings, which will be documented; • written warnings — which may also include work performance improvement or corrective action plan for poor work performance or misconduct, • suspension without pay; • demotion; or • discharge. K The intent of progressive discipline is to assist the employee with performance improvement or to correct misconduct. Progressive discipline shall not apply where the offense requires more serious discipline in the first instance. Both the sequencing and the steps of progressive discipline are determined on a case-by-case basis, given the nature of the problem. All disciplinary actions shall be clearly identified as such in writing. The employee will be requested to sign the disciplinary action. The employee's signature thereon shall not be construed as admission of guilt or concurrence with the discipline, Employees shall have the right to review and comment on disciplinary actions in their personnel file. 3 A copy of all disciplinary notices shall be provided to the employee before such material is placed in their personnel file. Employees disciplined or discharged shall be entitled to utilize the grievance procedure. If, as a result of the grievance procedure utilization, just cause is not shown, personnel j records shall be cleared of reference to the incident, which gave rise to the grievance. y The Employer will notify the Union in writing within three (3) working days after any notice of i discharge. The failure to provide such notice shall not affect such discharge but will extend the j period within which the affected employee may file a grievance. I The Employer recognizes the right of an employee who reasonably believes that an investigatory interview with a supervisor may result in discipline to request the presence of a Union representative at such an interview. Upon request, they shall be afforded a Union representative. The Employer J will delay the interview for a reasonable period of time in order to allow a Union representative an l opportunity to attend. If a Union representative is not available or delay is not reasonable, the employee may request the presence of a bargaining unit witness. (Weingarten rights) I Employees shall also have a right to a notice and a determination meeting prior to any disciplinary action (except oral warning). The Employer must provide a notice and statement in writing to the 1 employee identifying the performance violations or misconduct alleged, a finding of fact and the reasons for the proposed action. The employee shall be given an opportunity to respond to the charges in a meeting with the Employer, and shall have the right to Union representation during that meeting, upon request. (Loudermill rights) The Employer shall endeavor to correct employee errors or misjudgments in private, with appropriate Union representation if requested by the employee. 2021-2023 Juvenile Detention Teamster's Collective Bargaining Agreement Page 17 Discipline shall be subject to the grievance procedure in this Agreement as to whether or not such action as to any post-probationary employee was for just cause. Just cause shall be established if the following has been shown by the Employer: 1. Notice:That the Employer did forewarn employee of possible consequences of conduct. 2. Reasonable Rule or Order: That the Employer policy, rule, or order involved reasonably related to the orderly, efficient, or safe operation of the Employer; 3. Investigation: That before administering discipline, the Employer did make an effort to discover whether employee did, in fact, violate or disobey an Employer policy or rule; 4. Fair Investigation: That the Employer conducted its investigation objectively; 5. Proof: That, in the investigation, the Employer did obtain evidence or proof that the employee violated such Employer policy or rule; 6. Equal Treatment: That the Employer applied its rules, orders, and penalties evenhandedly and without discrimination under the circumstances; and l 7. Penalt : That the degree of discipline was reasonably related to the seriousness of the -�( 9 Y offense and/or the employee's record. ARTICLE 8—SENIORITY 8.1 DEFINITIONS Division: Refers to Juvenile Detention. Job Classification: Job Classifications are identified in Appendix A s i Division Seniority: The service time spent in each individual Division within the bargaining unit. Employer/County Seniority: The total unbroken service with Mason County. An employee's County seniority shall be established as the initial date of hire upon completion of the original six (6) month probationary period. Bargaining Unit Seniority: The total length of continuous calendar-based service with the Employer and in the bargaining unit. Seniority shall be established upon appointment to a regular full-time or part-time, budgeted position within the bargaining unit. No seniority shall be established while an employee is employed as Seasonal or an Extra Help position. Time in service in a Temporary position shall count for leave accrual or step movement purposes only. A Temporary employee or a Regular employee in a Temporary position who is hired without a break in service directly into a Regular position in the same classification shall be credited for Division Seniority from the original date of hire into that classification. The appointment date shall be adjusted for leaves of absence without pay, except when such leaves are the result of federal or state legally protected leaves. 0"UrI NAL 2021-2023 Juvenile Detention Teamster's Collective Bargaining Agreement Page 18 Other Definitions: 8.1.1 Application of Seniority How an employee's years of continuous service are utilized to determine their respective rights in regard to postings, promotions, reassignment, transfer, layoff, or recall. 8.1.2 Continuous Service Means uninterrupted employment with the Employer subject to the following provisions: 1. Continuous calendar-based service shall include uninterrupted employment. 2. Continuous service is terminated by resignation, termination, retirement, layoff or failure to respond to two offers of recall to former or comparable employment. 8.1.3 Layoff A layoff is identified as the anticipated and on-going or prolonged reduction in the number of full-time equivalent(FTE) positions or in the number of partial FTEs within the Employer or within a job classification covered by this Agreement. A reduction in force in a classification 1 may occur for reasons of lack of funds, lack of work, efficiency or reorganization. Reductions in force are identified by classification within the affected Office or Division. j i 8.1.4 Affected Group/Employees An Affected Group would be any job classification that is subject to a layoff. An Affected Employee would be the least senior employee(s)within an affected job classification, which are subject to lay-off or reduction in force and have certain rights as a result. 8.1.5 Layoff Alternatives A number of alternatives exist for affected employees including: 1. Assume a vacant position - per Article 8.13.1 2. Bump -displacing a less senior employee 3. Recall - accepting unemployment and the option of future recall i 8.1.6 Bumping The displacement of a less senior regular employee by another regular employee with more seniority as defined by this Article. 1 -4 8.2 APPLICATION OF SENIORITY i In the event of reassignment, transfer, layoff, or recall, seniority shall be the determining factor where employees are equally qualified to do the job. Seniority shall be applied in the following manner: For purpose of promotions and/or layoffs from within a Division, seniority shall mean that time spent in each individual Division within the bargaining unit. For all other purposes, seniority means total unbroken services with Mason County. An employee's County seniority shall be established as the initial date of hire upon completion of the original six (6) month probationary period 8.2.1 Postings/ promotions In regard to job postings, promotion and reassignment,"qualifications"and/or"ability"will be the primary consideration,with such posting or promotion being consistent with Article 7 and this Article. Qualifications will include the minimum qualifications of education, training an�d�tg 2021-2023 Juvenile Detention Teamster's Collective Bargaining Agreement Page 19 i experience as set forth in the job description, as well as the job performance, ability, employment record and contribution to the needs of the Division. 8.2.2 Layoffs Total Division Seniority shall determine who is to be laid off within the selected classification (affected group) and within the Division. The least senior regular employee(s) within the classification shall be the affected employee(s). In the event of two employees having the same Division Seniority, bargaining unit seniority shall be determinative. In the event of two employees having the same bargaining unit seniority, Employer seniority shall be determinative. 8.2.3 Bumping As to bumping, the employee's "competence" and the ability to adequately perform the unique functions of the job assignment will be the primary consideration, applied in accordance with seniority. Competence / Ability to adequately perform will be defined as { the immediate, clear and full performance on the job, with a minimal period of orientation and no material reduction in the efficiency of the operation or services, as determined by the j Employer. 8.2.4 Recall Seniority shall be determinative in the identification of which employee is to be recalled, I when there are more than one who is qualified and/or have previously performed a position. In the event that an employee is being recalled to a new position, the employee's qualification and the ability to adequately perform the unique functions of the job assignment will be the primary consideration,applied in accordance with seniority, consistent with Article 8.2.3. 8.3 PROBATIONARY PERIOD A probationary employee does not have the right to grieve dismissal. Upon successful completion of the probationary period, the Employer seniority of the regular employee shall be established as the initial date of hire including the service during the probationary period. Division seniority shall then be based on continuous service with the Division. 3 3 f The principle of seniority shall be used in layoff for lack of work and recall upon resumption of work. { Laid off employees will retain seniority rights for eighteen (18) months from date of layoff. i 8.4 LOSS OF SENIORITY Seniority shall terminate by discharge from service or by voluntarily leaving County service; provided that employees on layoff status retain the seniority they had at time of lay-off for eighteen(18)months from date of layoff, who are recalled within eighteen (18) months of the date they were laid off shall have their original seniority date adjusted by the period of time in layoff status. An employee, therefore, will lose seniority rights by and/or upon: Resignation. ❖ Discharge. ❖ Retirement. ❖ Layoff/ Recall list of more than eighteen (18) consecutive months. ❖ Failure to respond to two offers of recall to former or comparable employment. Employees who are re-employed following the loss of their seniority (this does not apply to those returning from layoff), shall be deemed a newly hired employee for all purposes under this Agreement. a INAL 2021-2023 Juvenile Detention Teamster's Collective Bargaining Agreement Page 20 Employees rehired by the Employer (this does not apply to those returning from layoff) will be considered as new employees under this Agreement. 8.5 LAYOFFS A layoff is an involuntary reduction in force by termination of employment or a temporary or permanent involuntary reduction of hours below an employee's normal workweek or work month. The Employer may reduce the work force because of lack of work or lack of funds. For purposes of this article, layoff is further identified as any reduction in hours which results in a regular position being less than their budgeted FTE. Total Division Seniority shall determine who is to be laid off within the selected classification. I Bumping rights are determined by Division seniority, consistent with Article 8.2. Layoff process: A. The Employer may reduce the work force because of lack of work, lack of funds, or workflow reorganization. B. If a reduction in the work force becomes necessary, the Employer will first consider reduction through normal attrition, (i.e., by not filling normally occurring vacancies.) C. If normal attrition is not feasible, then the Employer shall determine which positions(s)will be eliminated. The least senior employee(s) in the affected job classifications) shall be laid off. Before laying off any regular employee, all temporary and probationary employees within the same Division shall be laid off first, provided there is a regular employee qualified to do the work of the position. 8.6 NOTICE Employees scheduled for layoff shall be given at least fourteen (14) calendar days' written notice of the lay off. s 8.7 MEETING WITH UNION The Union shall also be notified in writing of any reduction in hours proposed by the Employer, including the purpose, scope, and duration of the proposed reduction. i Upon the Union's request, the Employer and the Union shall meet promptly during the notice period identified in Article 8.6 to discuss the reasons and the time-lines for the layoff and to review any 1 suggestions concerning possible alternatives to layoff. Union concerns shall be considered by the Employer prior to implementation of any reduction in hours. This procedure shall not preclude the Employer from providing notice to employees or requesting volunteers to take leaves of absence without pay, provided the Employer notify the Union of the proposed request. 8.8 AFFECTED GROUP The following procedure shall apply to any layoff: 8.8.1 Affected employees The Employer shall first determine by job classification the number of employees or FTEs to be affected by the layoff. The employee(s) holding such FTEs, which are subject to layoff, shall be the "affected employee(s)." ?" All 2021-2023 Juvenile Detention Teamster's Collective Bargaining Agreement Page 21 The least senior employee, by Division seniority, within the affected job classification shall be selected for layoff, consistent with Article 8.2.2. The exception would be only when the Employer determines that the position requires unique qualifications and abilities necessary to perform the specialized and required functions of that position, which would then become an overriding factor. In cases where Division seniority within a job classification is equal, bargaining unit seniority will be the determining factor. In the event this is also equal, Classification seniority will control. In the event this is also equal, Employer seniority will control. If all of the seniorities are equal, then Management shall make the final decision based on performance and job skills. 8.8.2 Volunteers Simultaneous with implementing the provisions of the layoff procedure, the Employer may first seek, by a five (5) working day posting process, volunteers for layoff or voluntary resignation from among those employees who work within the same job classification as the affected employees. If there are more volunteers than affected employees, volunteers will be chosen by bargaining unit seniority. Employees who volunteer for layoff may opt for recall rights as described in this article at the time of layoff. If there are no or insufficient volunteers within the affected job classification, the remaining affected employees who have received notice must choose promptly (within five (5) full working days of receipt of the Notice)among the layoff options set forth in Article 8.13. 8.8.3 Probationary Employees If the number of volunteers is not sufficient to meet the announced number of necessary layoffs, and if the affected employee is an initial probationary employee, then that employee shall be laid off and are ineligible to select among layoff options. 8.9 VACANT POSITIONS Positions will be filled in accordance with Article 8.2 and other sections of this Article. Within the bargaining unit and the Division, affected employees and employees on the recall list J shall be given first opportunity for vacant bargaining unit positions for which they are qualified prior to outside hiring by the Employer, consistent with Article 8.13.1. Within other Divisions, affected employees will be given consideration for vacant positions for which they are qualified. I All job vacancies (or newly created positions) under this Agreement shall be posted for ten (10) calendar days for bidding seniority purposes and may be awarded to the senior qualified bidder subject to gender needs and the limitations set forth below for Juvenile Detention Division only. 8.10 SENIORITY LIST The Employer shall update the seniority list and provide it to the Union annually or upon request, consistent with Article 3.3. If a layoff is announced, a current ranked seniority list including job classifications, names,job locations, and FTE or hours per week shall be provided to the Union and posted in the affected Division. 8.11 ORDER OF LAYOFF The least senior employee (by Division Seniority)within the affected job classification and affected Division shall be selected for layoff. No regular employee shall be laid off while another employee in the same classification within the Division is employed on a probationary, extra help or temporary n p 2021-2023 Juvenile Detention Teamster's Collective Bargaining Agreement Page 22 basis, unless specialized skills are required to fill the position that are not possessed by the regular staff member. This provision shall apply only to the classification where the initial layoff occurs and not to the classification into which laid off employees have bumped. 8.12 COMPARABLE EMPLOYMENT For purposes of this Article, "comparable employment," "comparable position" or vacancy shall be defined to include a position which has the same salary pay range and, additionally, the educational and experience qualifications, FTE and work-week are substantially similar. 8.13 LAYOFF OPTIONS Affected employees who have completed their probationary period shall have the following options: 8.13.1 Assume a Vacant Position On a bargaining unit seniority basis, to assume a vacant position in the same Division and ' bargaining unit, for which they are qualified. On a bargaining unit seniority basis, the employee shall also be considered for available job openings within the Employer for which i the employee is qualified. When a regular full-time or part-time employee is being laid off the Employer may offer a j temporary position if one is available and the employee has the ability to perform the work. Laid off employees who accept these assignments will be provided the benefits and provisions of the temporary assignment. Employee(s) accepting these assignments will be i subject to recall. 8.13.2 Bump Employees scheduled for layoff may bump into another employee's position in lieu of being laid off, if all of the following conditions are met: 1. They have more Division seniority than the employee they will bump; 1 2. The job classification they are bumping to is paid on a salary range that is equal to or less than the salary range of their job classification; and 3. They previously held status in that job classification or they are determined by the Employer to be qualified to immediately perform the primary functions of the job within thirty(30) calendar days; and 4. They provide at least five(5)working days' notice from the date of the layoff notice of their intent to exercise their bumping right to the Employer. 1 Under no circumstances shall an employee's exercise of his/her bumping right result in a greater benefit to the employee than previously held (e.g. a promotion or increase to full-time if previously part-time).The employee bumping into another position shall be given an orientation period to familiarize the employee with the practices and/or policies related to the job. The employee who may be displaced by the more senior employee who is bumping shall be provided at least fourteen (14) calendar days' written notice of layoff. If this employee is eligible to bump another employee pursuant to the conditions in Subsection 8.13.2, above, then that third employee identified for layoff shall be laid off. Laid off employees, including bumped employees, shall be allowed to bump less senior employees (by bargaining unit seniority) only within their Division, i.e. Detention, , in lower classifications or in classifications which the employees previously held and are still competent to perform the work of the classification. 2021-2023 Juvenile Detention Teamster's Collective Bargaining Agreement Page 23 Regular Employees faced with a reduction of hours shall have the option of remaining in the reduced position (if above the 20-hour threshold) or bumping to a lower classification, if competent as defined in Article 8.2.3. Competent shall mean having demonstrated skills and required experience to perform thejob; and in case of disputes,the Employer shall make the final decision. An employee who has bumped shall move to the highest step of the new range that does not exceed their current salary. If there is no employee in the next lower classification who is less senior than the person scheduled for layoff, that person may look progressively to the next lower classification for such bumping rights. The employee who is bumped by the affected employee shall have the same rights under this Article. i 8.13.3 Recall 7 If the affected employee elects not to take a vacant position, elects not to bump or cannot immediately and adequately perform the functions of the job assignment in assuming a vacant or bumped position, then that employee will be placed on the recall list and will be eligible for recall under Article 8.15. s Nothing contained in this layoff section shall be construed to require the Employer to modify its position and classification structure in order to accommodate bumping or other re-employment rights. Salary placement rules shall apply to recall to regular positions and to employees who have bumped. Employees bumping to another position shall retain their old anniversary date for purposes of step increases. Persons recalled to the same salary range shall be placed in their former step and time in step. The Employer shall determine the salary for non-regular positions not represented by the bargaining unit. f 8.14 REDUCTION HOURS/FTE An employee subject to an involuntary reduction in their FTE may elect to accept the reduction, may bump and/or may elect to be placed on recall in accordance with Article 8.13. If the reduction results in hours less than their budgeted FTE, it will be considered a layoff and the employee shall have the right to bump or recall list. 8.15 RECALL Any Regular employee who is laid off shall have his/her name placed on a recall list within each respective Division for the classification he/she was laid off from, for any lower classification in the same series, and for any other classification in which the employee has held permanent status. The employee's name shall remain on the recall list(s) for a period of eighteen (18) months from date of layoff. Persons shall be recalled in inverse order of layoff to the classification held at the time of layoff. Employees who were laid off shall be considered for other positions in their Division and/or within the bargaining unit in accordance with Article 8.13. It shall be the responsibility of each person on a recall list to keep the Employer informed of his/her current address and telephone number. The layoff letter to the employee shall advise him/her of their recall rights and of the name and address of the person in County government to whom the employee must send notice of their current address or any subsequent changes. The Employer shall have the right to remove the name of any person on the recall list if there is no response within fourteen (14) r y Ii 2021-2023 Juvenile Detention Teamsters Collective Bargaining Agreement Page 24 calendar days after the Employer has mailed a certified letter(return receipt request)to the person's last known address. If an employee on recall accepts an opportunity to return to work in a lower classification than the one laid off from, the employee's name may remain on the recall list for their previous higher classification for the balance of the eighteen(18)months,and shall be given an opportunity to accept such a position if it should become available. If an employee is recalled to return to the same classification from which he/she was laid off, and refuses the offer to return, his/her name shall be removed from the recall list and further return rights shall be forfeited. Employees recalled to their former classification within eighteen(18)months of being laid off shall be placed at the same salary range and step, and time in step, in effect at the time of layoff. In addition, employees recalled to County service within eighteen (18) months to the same or another job classification, Office or Division shall have the sick leave balance as of the date of layoff restored (unless the employee received a sick leave cash out at the time of layoff); shall accrue annual leave at the same accrual rate in effect as of the date of layoff; and the number of years of continuous County service at the time of layoff shall be credited towards eligibility for the longevity benefit. Employees recalled into regular part-time positions shall be subject to pro-rated benefits as described in other articles of this Agreement. As long as any employee remains on the recall list, the Employer shall not newly employ by hiring persons into the affected bargaining unit classification(s), within their Division, until all qualified employees holding recall rights to that affected classification have been offered recall. A copy of the recall list shall be provided to the Union, upon request. There shall be no probationary requirement for persons returning to their former position if the initial probationary period has been completed. i Employees shall not lose seniority original as a result of layoff for a period of up to eighteen (18) s months, per Article 8.4.4; provided, however, that no benefits nor seniority shall be accrued during the period of layoff. It is understood that a person who has bumped to another position, or has been laid off and recalled under this Agreement, must meet the education, experience and/or training requirements(including completion of State mandated Academy, Guardian ad Litem, and Community Juvenile Accountability Act requirements,if appropriate),as well as licenses and/or certificates and polygraph requirements, in order to exercise their seniority rights. Laid off employees will retain their seniority rights for eighteen (18)months from the date of layoff. Seniority shall be lost if the employee does not return to work when offered their previous position. 8.16 VACATION &LEAVE CASH OUTS/PAY Any regular employee who is laid off or terminated shall be cashed out for any unused vacation benefits or comp time with their final paycheck, to the extent of established maximums (per other Articles of this Agreement). Sick leave balances at the date of layoff shall be restored upon recall with the Employer if the person is recalled into a regular position from the recall list and the employee did not receive a sick leave cash-out per Article 13.1. No sick leave shall accrue during the period of layoff. If a person on the recall list is employed in a temporary position, only sick leave accrued during temporary employment may be used during temporary employment. Sick leave accrued during Y J c I PiA1,� 207.1-2023 Juvenile Detention Teamster's Collective Bargaining Agreement Page 25 temporary employment may be added to any existing sick leave balance if the person is hired into a regular position from the recall list. 8.17 UNEMPLOYMENT CLAIMS If laid off employees apply for unemployment compensation benefits, the Employer will not contest the claim and will confirm that the employee was laid off. ARTICLE 9—WAGES 9.1 WAGE SCHEDULE. Effective January 1, 2021 through December 31, 2023, each employee shall have his/her base wage as set forth in Appendix A, and an across the board increase (as below in this section): INCREASE 1/1/201 .75 % 1/1/2022 .75 % i 1/1/2023 1.0 % Should it become necessary to establish a new job classification within the bargaining unit during i the life of this Agreement, the Employer may designate a job classification title and salary for the classification. The salary for any new classification within the bargaining unit shall be subject to { negotiations, consistent with Article 2.2. 3 Each move within a range is determined by the employee's anniversary date. The anniversary date is the day the employee started work within a range. Upon promotion of an employee placing him/her in a higher range,the date of the promotion becomes the anniversary date that determines future step increases within that range. The employee's actual date of hire with Mason County will always remain the same (regardless of promotion)for purposes of vacation leave, sick leave, and retirement. The Employer shall make available information monthly, which shall reflect all items covered by i gross pay such as; sick leave, vacation time, straight time and overtime. 9.2 HIRE-IN RATES New regular employees shall normally be placed at Step 1 of the appropriate salary range or placed j consistent with current personnel rules. I 9.3 SHIFT DIFFERENTIAL There shall be a shift differential of fifty(.50) cents per hour for any assigned shift except Day Shift (shifts beginning between 5:00 AM to 10:00 AM). ARTICLE 10—OTHER COMPENSATION 10.1 CALL-BACK PAY All employees will respond to emergency call-outs unless extenuating circumstances such as illness or other incapacitation prevent the employee from responding. Pursuant to provisions of RCW 38.52 concerning Emergency Management, and Mason County Code 2.19.050, the County may utilize personnel of any County Department or agency in a declared disaster. Full-time employees who are called back to work after leaving the job site (and not adjacent to the next regularly scheduled shift), shall receive a minimum of two (2) hours' pay at the overtime rate. When an employee is called out between shifts, the time worked between shifts shall be paid at the rate of one and one-half (11/) times the regular rate. After working the ca l out shift, the 2021-2023 Juvenile Detention Teamster's Collective Bargaining Agreement Page 26 employee may have the option of working the next regularly scheduled shift, provided the supervisor and the employee feel the employee can carry out the duties of the position safely. When the employee does continue working, the time worked on the next regularly scheduled shift shall be compensated at the normal straight time rate. During periods of emergency, changes of shift can be made with eight (8) hours' notice, provided the employee has eight(8) hours off between the two (2)shifts. This provision shall apply to employees who are required to attend Employer scheduled meetings on their regularly scheduled day(s)off. Part time employees who are called back to work after leaving the job site shall receive a minimum of two (2) hours' pay at the appropriate rate of pay. 10.2 WORK IN A HIGHER CLASSIFICATION No employee shall be reduced in salary or benefits because of being assigned by the Employer to perform the work of a lower classification, except in the situation of lay off. A supervisor may assign an employee to perform the primary duties of a higher classification, when those duties are not part of the employee's current job classification, for the purpose of: 3 f A. Providing work coverage during an authorized vacation period; B. Providing work coverage during an authorized sick leave; C. Providing work coverage for an authorized leave of absence; or D. Providing work coverage for a currently vacant position. If the employee is scheduled to work in the higher job classification for a minimum of three (3) consecutive workdays, the employee shall be paid on the step of the salary range for the higher classification that provides at least a five percent(5%) increase. 10.4 MILEAGE REIMBURSEMENT All bargaining unit employees who are required to use their own vehicles for Employer business shall be reimbursed at the mileage rate set by the current policy for all miles driven on such business. 10.5 LONGEVITY The County shall provide additional monthly compensation above each eligible, regular full-time ' employee's base salary to recognize continuous length of service as a County employee. Eligible, I regular part-time employees shall receive a pro-rated longevity benefit in proportion to the number of hours the part-time employee is in pay status during the month as compared to that required for full- time employment. The longevity benefit will be implemented in accordance with the following schedule: Beginning in 11t"and continuing thru 15t'' years 1.5% above base Beginning in 16t"and continuing thru 20tt'years 3.0% above base Beginning in 21st and continuing thru 25t"years 4.5% above base Beginning in 26t"year and continuing thereafter 6.0% above base 10.6 CLOTHING ALLOWANCE The County shall provide Detention employees' badges as needed, shirts and a jacket for all full- time employees, along with a three hundred dollar($300)per year clothing allowance paid January of each year. Part-time employees shall receive the appropriate number of shirts for their position. Newly hired Detention Officers attending an academy and/or specialized training, will be provided, :f MIN AL 2021-2023 Juvenile Detention Teamster's Collective Bargaining Agreement Page 27 at the employer's expense, all required uniform items(athletic wear etc.)required for attendance by the academy and/or specialized training. ARTICLE 11 - HOLIDAYS 11.1 HOLIDAYS The following annual paid holidays are recognized for all employees represented in this bargaining unit, and will be paid regardless of which day of the week they occur. New Year's Day Veterans' Da Armistice Da Martin Luther King Day Thanks iving Da Presidents Day Day After Thanksgiving Memorial Day Christmas Eve Juneteenth Effective 6/19/22 Christmas Da July Fourth_ Two 2 Floating Holidays Labor Da Employees must receive written approval at least one week in advance of the date(s) in which they desire to utilize their floating holiday. All requests to use a floating holiday must be made no later than the last working day of November. Floating holiday(s) not used by the end of the calendar year will { be forfeited,unless denied on the basis of the staffing needs of the Office or Division. Except by mutual agreement, floating holidays shall be used in no less than four(4) hour increments. 11.2 RELIGIOUS HOLIDAYS Employees may also take other religious holidays off with their supervisor's approval, with or without pay, through utilization of vacation or comp time or by making alternative work schedule arrangements. Such requests shall not be unreasonably denied. 11.3 HOLIDAY COMPENSATION i Benefitted employees shall be paid no more than eight(8) hours of holiday benefit pay for that day regardless of their work individual schedule. Part-time employees will receive a paid holiday in proportion to the number of hours they ordinarily would be scheduled to work (not to exceed eight (8) hours) on that day. Should any work be performed by an employee on a holiday at the approval and/or direction of their supervisor they shall be paid for time worked and overtime may result if, consistent with Article 6.4, it results in over forty(40) hours worked for the workweek. No employee shall be called on a holiday for less than four(4) hours, except those personnel serving Standby Duty. Employees working approximately 50% of their shift on a Holiday will be paid for one day as if the entire shift was worked on a Holiday. Employees not working approximately 50% of their shift on a Holiday are paid a premium rate for the actual time worked on the Holiday (unless already paid Holiday pay for that particular day) and at their regular rate for the time worked that is not on the Holiday. L�� 2021-2023 Juvenile Detention Teamster's Collective But-gaining Agreement Page 28 ARTICLE 12—VACATION 12.1 VACATION ACCRUAL Regular and Temporary full-time employees shall accrue paid vacation leave, after six (6) months' employment, shall be entitled to and receive vacations with pay as follows: 1 st throu h 31d year of employment 96 hours 4th through 7t" year of employment 120 hours 8t" through 9t" year of employment 144 hours 10th through 11th year of employment 160 hours 12t" through 14t" year of employment 176 hours 151h through 161" year of employment 184 hours 17th through 191" year of employment 192 hours 20 or more years of employment 200 hours Regular and Temporary part-time employees shall accrue vacation leave on a pro-rated basis in proportion to the number of hours the part-time employee is in pay status during the month as compared to that required for full-time employment, plus they must also meet the qualification for PERS participation to have vacation leave accrual apply. The first day of the month of hire shall be the effective date of subsequent increases in the vacation j leave accrual rate for employees hired between the first and the fifteenth of the month. The first day { of the month following the month of hire shall be the effective date of subsequent increases in the j vacation leave accrual for employees hired between the sixteenth and the last day of the month. i With the exception of promoted employees, vacation leave accrued within the first six (6) months of employment cannot be utilized by an employee until they have successfully completed their initial appointment probationary requirements. An employee whose employment with Mason County terminates within the six(6)month probationary period shall not be paid for any vacation leave accrued , during the _probationary period. i For Regular and Temporary full-time or Regular and Temporary part-time employees shall accumulate one-twelfth (1/12th) of their yearly accumulation total per month, to the maximum amount of vacation leave that may be accrued at any point in time is four hundred (400) hours. No vacation leave accrued will be added to an employee's vacation leave benefit when the maximum accrual has been attained, except that the four hundred (400) hours maximum may be exceeded in any given month with prior written approval of the Elected Official or Department Head. Whereas the Union and the County recognizes the importance of employees utilizing earned vacation leave to promote and enhance their mental and physical well-being, employees should attempt to use vacation leave during the year in which it is earned. 12.2 VACATION SCHEDULING Upon completion of six (6) months' continuous service in a Regular and Temporary position, an employee shall be eligible for paid vacation. An employee's request for vacation leave will be granted, provided that prior approval is given by the employer and provided that leave requested does not prevent a Division thereof from providing efficient public service. Regular and Temporary full-time employees must work or be in a paid status at least eighty(80)hours in a month in order to accrue vacation leave for the month. Regular and Temporary part-time employees must work or be in a paid status at least in the same proportion to the eighty(80)hours as their regular hours are to full-time employment to accrue vacation leave for that month. s: li-- 2021-2023 Juvenile Detention Teamsters Collective Bargaining Agtwinent Page 29 If an approved holiday occurs within the approved vacation leave period, such day shall be charged as holiday leave rather than vacation leave. Employees shall have the option of using comp time or vacation leave for approved paid time off. It is understood that vacation requests are considered in view of the operational needs of the County and Court, and must be agreed upon by the Administration and employee. Employees within their division will be allowed to pre-select their vacations, as follows: a) One vacation seniority list will be posted for full-time Juvenile Detention employees by January 1 of each year, and shall be for the vacation period starting February 15 of the current year through February 14 of the following year. b) Employees, by seniority, will have the opportunity to pre-select their vacation(s) in Round-One from either: A) up to one, two-week period; or B) up to two, one-week periods. A second and any subsequent rounds, if needed, shall be allowed on the same basis after completion of the previous round. These requests will be provided to the Administrator or his/her designee no later than February 15 of each year. ! c) After the selection process is closed, staff may request a change to the posted schedule only for their approved time; such employee, however, will not have the right to "bump" another staff from their approved time. d) Requests outside the vacation selection period (January 1 -- February 15) will be considered in view of the operational needs of the County and Court on a first-come, first-serve basis, and must be agreed upon by the Administration and employee. e) A request for vacation exceeding two consecutive weeks (10 working days) may be approved by the Administration for extenuating circumstances and with sufficient advance knowledge to ensure adequate staffing. f) Written approval of a vacation request is advised before an employee purchases tickets or pays for accommodations. g) When requesting vacation time, the following limitations will apply unless otherwise approved by Management in extraordinary situations: 9. Only one Full-Time staff person will be allowed vacation time off on each "Shift Set" [the current Shift Sets are: Graveyard Early Week- Graveyard Late Week— Days Early Week— Days Late Week]. 2. Full-Time staff may request off shifts that impact only two(2)of the following major holidays during the initial two (2) rounds of the selection process: New Year's Day; July 4; Thanksgiving Day; Day after Thanksgiving; Christmas Day. 3. In addition to the requirement that the employee have sufficient leave time(either anticipated vacation or actual comp time) available at the time of the requested vacation, the employee must also have sufficient leave time two weeks prior to the requested vacation. Detention Staff wanting to schedule part of a day off for personal reasons must take at least four(4) hours of vacation leave or comp time unless waived by management. = P T 2021-2023 Juvenile Detention Teamster's Collective Bargaining Agreement Page 30 12.3 VACATION PAY Vacation leave days shall be the same as the regular workday schedule for the Division wherein the employee is employed. Vacation pay shall be the amount that the employee would have earned if the employee had worked their regular position during the vacation period. If an authorized holiday occurs within an employee's vacation period, that day will be paid as a holiday and not deducted from the employee's vacation accruals. Employees cannot receive vacation, sick leave or holiday pay simultaneously for the same days. 12.4 VACATION UPON TERMINATION Upon separation of a Regular and Temporary full-time or Regular and Temporary part-time employee by resignation(with ten(10)working days'notice), retirement, layoff, dismissal or death,the employee or beneficiary thereof, shall be paid for unused vacation leave at the employee's rate of pay at the time of separation, provided that no employee may cash out more than four hundred (400) hours of vacation leave. Employees shall provide at least ten (10) working days written notice of their effective resignation date. The time limit of the resignation may be waived at the discretion of the Director. Pay in lieu of unused vacation shall be forfeited if ten(10)working days written notice is not provided or waived. When an employee's employment terminates or an employee moves from full-time to extra help employment, the employee shall be paid in full for all accrued vacation leave provided they have successfully passed their 6-month probation period leave. The cash-out of accrued leave or other accrued time off shall be paid and reported in accordance with the provisions of law regulated by the Washington State Department of Retirement Systems. ARTICLE 13 -SICK LEAVE i 13.1 SICK LEAVE ACCRUAL Per the Washington State Paid Sick Leave law, RCW 49.46, in accordance with WAC 296-130 and Initiative 1433, the County and the Union mutually agree to comply the with the laws. Sick leave shall be accumulated for all Regular and Temporary full-time employees, who have worked or been in a paid status at least eighty (80) hours at the rate of eight (8) hours per month for each month of employment. Regular and Temporary part-time employees shall accrue sick leave on a pro-rated basis in proportion to the number of hours the part-time employee is in a paid status during the month as compared to that required for full-time employment. Sick leave accrual may not exceed one thousand two hundred (1,200)hours. 13.2 SICK LEAVE USAGE Usages of sick leave shall be consistent in accordance with the Washington State Paid Sick Leave law, RCW 49.46, WAC 296-130 and Initiative 1433, the County and the Council mutually agree to comply with the laws. 13.3 SHARED LEAVE The Human Resources Manager, or designee, may authorize employees, within this bargaining unit, to donate their accrued vacation or sick leave to another employee,within this bargaining unit, who is suffering from, or whose parent, spouse or child is suffering from an extraordinary or severe illness, injury, or physical or mental condition which has caused or is likely to cause the employee to take leave without pay or to terminate his/her employment. All donations of leave are strictly voluntary and are subject to all IRS regulations for the donor and recipient. The following conditions apply: cf— - y 2021-2023 Juvenile Detention Teamster's Collective Bargaining Agreement Page 31 1. To be eligible to donate vacation leave, the employee who donates leave must have more than ten (10) days of accrued leave. In no event shall a leave transfer result in the donor employee reducing his/her vacation leave balance to less than ten (10) days. To be eligible to donate sick leave, the employee who donates leave must have more than thirty(30)days of leave. In no event shall a leave transfer result in the donor employee reducing his/her sick leave balance to less than thirty(30)days.Transfer of leave will be in increments of one day of leave; 2. The employee receiving donated leave shall have exhausted all his/her accumulated leave time. Donated vacation leave shall be converted to sick leave for the recipient; 3. While an employee is using shared leave, he or she will continue to receive the same treatment, in respect to salary and benefits,as the employee would otherwise receive if using vacation or sick leave; 4. The transfer of leave and the amount of leave shall be authorized by the board in advance. 5. No employee shall receive more than two hundred and sixty (260) days of donated leave during their employment with the County; Or may follow the Washington State Paid Family& Medical Leave law, RCW 50A.04. J 13.4 COORDINATION-WORKER'S COMPENSATION In the event an employee shall be entitled to benefits or payments under any program of disability insurance furnished by the Employer, Worker's Compensation Act or similar legislation by the State of Washington or other governmental unit, the Employer shall pay to the employee only the difference between the benefits and payments received under such insurance or act by such employee and the regular rate of compensation that he/she would have received from the Employer if able to work. In such event, the number of hours deducted from the employee's total accrued sick leave shall be the hourly equivalent of the Employer's payment. The foregoing payment or contribution by the employer shall be limited to the period of time that such employee has accumulated sick leave credits as herein above specified. Time missed from work that is due to Worker's Compensation claims will be considered as time worked for employee's paid Health and Welfare and Vacation purposes up to one (1) year. 1 a. For a period of absence from work due to injury or occupational disease resulting from County employment, the employee shall file an application for Worker's Compensation in accordance with State Law. b. If the employee has accumulated sick leave credit, the County shall pay the sick leave difference between his/her time loss compensation and his/her full regular salary unless the employee elects not to use his/her sick leave. c. Should an employee receive Worker's Compensation for time loss and he/she also receives sick leave compensation, his/her sick leave accrual prior to the time loss will be reduced by the total number of hours he/she was on sick leave minus the number of hours at full salary for which he/she is paid to the nearest hour. d. Until eligibility for Worker's Compensation is determined by the Department of Labor and Industries, the County may pay full sick leave accumulated, provided that the employee shall return any subsequent over-payment to the County. 2021-20231uvende Detention Teamster's Collectivo Bargaining Agreement Page 32 e. Should an employee apply for time loss compensation and the claim is then or later denied, sick leave and annual leave may be used for the absence in accordance with other provisions of this rule. f. Nothing herein pertains to a permanent disability award. g. If any employee has no sick leave accumulated, the words "annual leave" may be substituted for"sick leave" above. 13.5 FAMILY MEMBER Authorized uses of sick leave may be utilized as referenced above in this article for "immediate family" as defined in article 1.7. 13.6 SICK LEAVE CASH OUT Employees hired before January 1, 2011, shall receive payment for unused sick leave upon termination of employment with fifteen (15) years of continuous County service; or upon termination of employment with Mason County when the termination is contemporaneous with retirement under an appropriate Washington State Public Employees Retirement System; or upon the death of the i employee, in which case payment shall be made to his/her estate. Employees hired on or after ' January 1, 2011, shall not be eligible (nor their estate) to receive any cash out of their accrued sick leave upon separation from County service. ARTICLE 14—LEAVES OF ABSENCE 14.1 IN GENERAL Leaves of absence requests shall not be unreasonably denied. All leaves are to be requested in writing as far in advance as possible. As appropriate for the type of leave requested, paid leave accruals will be utilized prior to unpaid leave, unless otherwise provided for in this Agreement. Leave does not accrue nor may it be used until the first day of the following pay period in which it is earned (no "negative" leave use during the period in which it is earned). 14.2 JURY DUTY/COURT An employee, who is required to serve on a jury or as a result of official Employer duties is required to appear before a court, legislative committee or quasi-judicial body as a witness in response to a subpoena or other directive, shall be allowed authorized leave with pay less any amount received for such duty. 1 14.3 MILITARY LEAVE All Regular and Temporary employees shall be allowed military leave as required by RCW 38.40.060 and as interpreted by the Court. This provides for twenty-one (21) working days of military leave per year(October 1 through September 30). 14.4 BEREAVEMENT Employees will be provided up to three (3) days of paid bereavement leave in the event of the death of an immediate family member. A day of bereavement leave shall be in accordance with the employee's regularly scheduled workday. Immediate family includes only persons related by blood or marriage or legal adoption. For purposes of this Bereavement Article, these individuals are: wife, husband, parent, grandparent, brother, sister, child or grandchild, grandmother-in-law, grandfather-in-law, mother-in-law, father-in-law, sister-in-law, brother-in-law, son-in-law, daughter-in- law, nieces, nephews, cousins, aunts, and uncles of the employee. Bereavement,leave will not be _ a 2021-2023 Juvenile Detention Teamster's Collective Bargaining Agreement Page 33 deducted from the accrued sick/vacation time. Upon request, two(2)days of accrued sick leave shall be granted. Additional time off may be requested and charged to comp time, floating holiday or vacation leave, as approved by the Elected Official/Department Head. 14.5 MAINTENANCE OF SENIORITY The Employer shall adjust the employee's anniversary date to reflect any period of unpaid leave. Seniority shall continue to accrue and the employee's anniversary date shall not be adjusted for periods of legally protected leave, such as FMLA or military leave. 14.6 LEAVE WITHOUT PAY If a medical leave of absence without pay is granted, the employee shall have return rights to his/her previously held position. Return rights for any leave of absence shall be limited to three (3) months. If the previously held position has been abolished during the leave of absence, then the employee shall have return rights to a similar position (a position in the same classification at the same salary I level) if there is a vacancy. If there is no vacant similar position, the employee shall be placed on the recall list, pursuant to Article 8, Seniority, Layoff and Recall. i An employee on leave of absence may be affected by a lay-off in the same manner as if the employee were working. Leave of absence without pay is not creditable towards seniority and seniority related benefits, except as identified above in Article 14.5 for identified legally protected leave such as FMLA and Military. An employee who takes a leave of absence without pay shall have his/her date of hire for seniority purposes adjusted for the same duration of time as the period of leave without pay. Step increases are based on duration of employment and will be adjusted accordingly. General salary increases are not based upon duration of employment and will not be adjusted in this manner. The employee's seniority for purposes of vacation accrual, promotion and layoff would be adjusted in the same amount as the duration of the leave without pay. In the unlikely event an employee was granted a leave without pay during his/her probationary period, the probationary period would be extended for the same duration as the leave without pay. t { As appropriate for the type of leave requested, paid leave accruals will be utilized prior to unpaid leave, unless Washington Paid Family Medical Leave is utilized. 14.7 FAMILY LEAVE—FMLA The County and the Union mutually agree to comply with all State and Federal Family Leave Laws (FMLA, RCW 49.78). The Employer will grant leave consistent with the FMLA and the adopted conditions and provisions of the state and federal law and are not intended to expand upon the rights thus set forth. If an employee has any questions regarding the State and Federal Family leave laws, they may contact the County's Human Resource Department for guidance 14.8 MATERNITY LEAVE Consistent with WAC 162-30-020, the Employer will grant a leave of absence for a period of temporary disability because of pregnancy or childbirth. This may be in addition to the leave entitlements of FMLA. This leave provides female employees with the right to a leave of absence equivalent to the disability phase of pregnancy and childbirth. There is no eligibility requirement, however the Employer has no obligation to pay for health insurance benefits while on this leave(unless utilized concurrent with FMLA). 2021-2023 Juvenile Detention Teamsters Collective Bargaining Agreement Page 34 Leave for temporary disability due to pregnancy or childbirth will be medically verifiable.There is no limit to the length of the disability phase, except for the right for medical verification and the right of second opinion at the employer's expense. At the end of the disability leave, the employee is entitled to return to the same job or a similar job of at least the same pay as provided by law. Employees must use their accrued vacation and sick leave, if any, during the leave period and, at their election, any accrued comp time. Once this paid leave is exhausted, the employee's leave may be switched over to unpaid leave. 14.9 PAID FAMILY&MEDICAL LEAVE COMPLIANCE The County and Union mutually agree to comply with all Washington State Paid Family & Medical Leave laws, per RCW 50A.04. 14.10 WASHINGTON STATE LONGTERM CARE TRUST ACT COMPLIANCE The parties acknowledge that RCW 5013.04.080 requires premium deductions for the Long-Term 3 Services and Supports Trust Program beginning January 1, 2022. Employees shall be assessed a 1 premium based on the individual's wages at the current rate set in accordance with RCW 50B.04.080. An employee may apply for a premium exemption in accordance with RCW 50B.04.085. The parties agree that January 1, 2022, deductions will commence at the rate of fifty- eight hundredths of one percent (0.0058%) of the employee's wages in accordance with RCW i 50B.04.080 and such, or similar language will be included in the ratified agreement. j? ARTICLE 15-- HEALTH &WELFARE 15.1 HEALTH AND LIFE INSURANCE The County shall contribute as below, per employee per month toward the premiums for Health and Welfare benefits for each employee, including their eligible dependents, compensated eighty (80) man-hours (excludes, vacation, sick and comp time payouts, upon separation) or more per month. This contribution is to be applied to premiums for Washington Teamsters Welfare Trust Medical Plan B with the $400 per week time loss option and current County dental, vision,and life insurance plans. i The Employer shall continue to pay into the Washington Counties Insurance Fund for $24,000 (or equivalent basic life insurance program) in life insurance the monthly premium for each employee j compensated for eighty (80) man-hours (excludes, vacation, sick and comp time payouts, upon 1 separation) or more per month. The County contribution for Health &Welfare Insurance shall be: i A. Effective January 1, 2021 the contribution shall be increased to one thousand and three hundred and sixty-two dollars($1362) per month during the term of this Agreement for each eligible employee for medical, dental, vision, and life insurance coverage. The employee will pay for Teamsters nine (9)month waiver. B. Effective January 1, 2022 the contribution shall be increased to one thousand and four hundred and fourteen dollars ($1414) per month during the term of this Agreement for each eligible employee for medical, dental, vision, and life insurance coverage. The employee will pay for Teamsters nine (9)month waiver. C. Effective January 1, 2023 the contribution shall be increased to one thousand and four hundred and sixty-six dollars ($1466) per month during the term of this Agreement for each eligible employee for medical, dental, vision, and life insurance coverage. The employee will pay for Teamsters nine (9) month waiver. 2021-2023 Juvenile Detention Teamster's Collective Bargaining Agreement Page 35 If any other bargaining unit or group of employees receives contributions greater than the above amounts, the members of this bargaining unit will also receive those increased amounts on the same effective dates. In the event the County's maximum monthly contribution is insufficient to provide all of the total Health and Welfare premiums as referenced in Section 1 above, the priority order for full County payment shall be as follows: (1) Life Insurance; (2) Vision; (3) Dental; and (4) Medical. Any monthly premium contribution required above the County's maximum contribution shall be paid by a reduction of the necessary amount from the employee's salary. In the event the Employer is subject to carrier plan design change or a penalty,tax, fine or increased costs as a result of requirements or provisions of the ACA, not within the control of the Employer, the parties agree to meet and negotiate regarding the impacts of any such cost or plan design impacts and immediately bargain alternative provisions. Employee Assistance Program (EAP): The County shall provide an Employee Assistance Program (EAP) benefit for all bargaining unit employees a The County shall provide for all employees, under this agreement, to receive all three shots in the hepatitis series and follow-up tests, along with an annual TI3 test. 15.2 RETIREMENT Pensions for employees and contributions to pension funds will be governed by the Washington State statutes in relation thereto in existence during the contract period. 15.3 TEAMSTER'S PENSION Effective January 1, 2008, based on January hours, the COUNTY shall pay an amount equal to fifty cents ($.50.) per hour for each hour for which compensation is paid to him/her into the Western 1 Conference of Teamsters Pension Trust Fund on account of each member of the Teamster bargaining unit, said amounts to be computed monthly. The total amount due for each calendar month shall be remitted in a lump sum not later than ten (10) days after the last business day of such month. The COUNTY agrees to abide by such rules as may be established by the Trustees of said Trust Fund to facilitate the determination of the hours for which contributions are due, the 1 prompt and orderly collection of such amounts, the accurate reporting and recording of such hours and such amounts paid on account of each member of the Teamster bargaining unit. Failure to make all payments herein provided for, within the time specified, shall be a breach of this Agreement. Further, the Employer and Union accept as their representatives for the purpose of such Trust Funds, the present Employer and Union Trustees and their duly elected or appointed successors. ARTICLE 16-TRAINING 16.1 TRAINING Approval for attendance at training, the hours intended to be compensated and the reimbursement for travel and expenses shall be established by the supervisor prior to the training, consistent with the current policy. All employees will be paid at the appropriate rate for taking County sponsored training. 4 2021-2023 Juvenile Detention Teamster's Collective Bargaining Agmement Page 36 All regular Detention employees will be given regular training in: Verbal De-Escalation; and Defensive Tactics. Full-time employees will be required to successfully complete the Juvenile Corrections Personnel Academy when scheduled by the management, in order to maintain full-time employment. Employees will be given one opportunity to successfully complete the JCPA. In the event the training is not successfully passed on the first opportunity, employment will be immediately terminated. 16.2 TRAINING REIMBURSEMENT Compensation associated with training or representation of the Employer on official business shall be consistent with the current policy and the Fair Labor Standards Act(FLSA). The County will reimburse the costs of all physical examinations required to attend the Criminal Justice Training Commission as a condition of continuing employment. ARTICLE 17— LABOR/ MANAGEMENT COMMITTEES j 17.1 PURPOSE OF COMMITTEE The Employer and the Union agree that a need exists for continuing cooperation between labor and management, and to meet from time to time upon the request of either party concerning suggestions and issues of a general nature affecting the Union and the Employer relations. i The parties therefore establish a Labor/Management Committee consisting of up to three (3) members from the Bargaining Unit and the Union staff representative, and up to three (3) members from the Employer and a representative from Human Resources. The committee will meet from time to time, upon the request of either party, during working hours to discuss matters of mutual interest or concern. The committee shall not have the authority to change this Agreement, nor shall it substitute for the grievance procedure. The above provision does not preclude and in fact encourages the parties to also meet informally and expeditiously on an as needed basis on matters of mutual concern. Policy Work Groups - The Union will be given an opportunity to designate participants to Policy Work Groups related to employment policies. Policy Work Groups will be chaired by Human Resources. Policy Work Group participants will not negotiate on behalf of the Union regarding employment policies that would impact wages, hours and working conditions. 17.2 COMPOSITION OF COMMITTEE The Labor Management Committee meetings will include a minimum of three (3)representatives of the employer and a minimum of three (3) representatives appointed by Local No.252, unless otherwise mutually agreed upon. Said committee shall attempt to meet for the purpose of discussing and facilitating the resolution of issues, which may arise between the parties other than those for which another procedure is provided by law or other provisions of this Agreement. 17.3 COMPENSATION All meeting time spent by members of the joint Labor-Management Committee will be considered i time worked if during duty hours and will be paid at the appropriate regular rate of pay. 2021-2023 Juvenile Detention Teamster's Collective Bargaining Agreement Page 37 ARTICLE 18— HEALTH & SAFETY 18.1 SAFE WORKPLACE The Employer is responsible for maintaining a safe and healthful workplace. The Employer shall comply with all federal, state, and local laws applicable to the safety and health of its employees. Employees shall not be required to perform work if they have a reasonable basis for believing the assignment would constitute a danger to their health and safety. The employee shall immediately contact a supervisor who shall make a determination with regard to safety. Upon the supervisor's review and liability, the employee will perform the work but may refer the matter to the safety committee or risk management. All on-the-job injuries, no matter how slight, must be reported. Employees must immediately notify their supervisor if they are unable to work because of a work-related injury or illness. 18.2 HEALTH&SAFETY PLAN The Employer shall develop and follow written policies and procedures to deal with on-the-job safety and shall conduct an ongoing site-specific safety and security plans in conformance with state and federal laws. i i 18.3 DRUG FREE WORKPLACE The Drug Free Workplace Act of 1988 for federal contractors and grant recipients requires that employers will provide a drug free workplace. This policy strictly prohibits the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance in the workplace. If a supervisor or manager reasonably suspects, through observation, that an employee may be physically incapable of performing the essential functions of the job and/or may be under any influence of, or impaired by, a substance, the employee shall be removed from duty immediately and undergo substance testing for the suspected substance. Except in emergency situations, the supervisor or manager shall consult with another supervisor, manager or representative of Human Resources to ensure that adequate grounds for reasonable suspicion exist. The consulted supervisor, manager or representative of Human Resources shall also personally observe the 1 employee before the employee is required to test for the presence of that substance. At this time, I the employee will also be notified of his or her Weingarten rights. Employees removed from duty under such circumstances who test positive shall be required to ; meet with the Employer's Substance Abuse Professional (SAP) and shall only be allowed to return to work, if at all, in accordance with the return to work provisions of the Employer's substance abuse policy. I 18.4 WORK PLACE VIOLENCE The Employer is committed to employee health and safety. Workplace violence, including threats of violence by or against a County employee, will not be tolerated and should be immediately reported whether or not physical injury occurs. ARTICLE 19-GRIEVANCE PROCEDURE 19.1 GRIEVANCE DEFINED The purpose of the grievance procedure is to promote harmony and efficiency between employees and the County by providing timely settlement of grievances without fear of discrimination or reprisal. A grievance is an allegation by an employee, group of employees or the Union that there has been a violation, misapplication or misinterpretation of this Agreement. GI... 2021-2023 Juvenile Detention Teamster's Collective Bargaining Agreement Page 38 Employees will be unimpeded and free from restraint, interference, coercion, discrimination or reprisal in seeking adjudication of their grievance. Any grievance procedure time limit may be extended by mutual written agreement. Failure by an employee and/or the Union to comply with any grievance time limitations shall constitute withdrawal of the grievance. Failure of the County to comply with any grievance time limitations shall permit the Union or the employee to advance the grievance to the next step in the grievance procedure. A grievance of interest to several employees may be filed as a"group grievance." The processing and adjudication of grievances shall be conducted during working hours. 19.2 GRIEVANCE PROCEDURE ' In the event of a grievance, the following procedure shall be used: Step 1. A grievance must be presented within ten (10) calendar days of the incident giving rise to the grievance or the date the grievant knew or reasonably could have known of the 1 incident to the Division Manager or Designee. The Division Manager or Designee may schedule a meeting with the employee and his/her Union representative or he/she may respond to the grievance when presented. In either case, the Division Manager or Designee shall respond to the grievance within ten (10)calendar days of the employee raising the issue. If the grievance is not resolved informally, then a written grievance may be filed at step 2. Step 2. The grievance shall be presented in writing on an official Union grievance form. This shall include: 1. The specific details of the incident or issue giving rise to the grievance; 2. The Article(s)and Section(s)of the Agreement allegedly violated; and 3. The remedy sought. The written grievance shall be submitted by the employee and/or the Union Steward/Union Representative to the Juvenile Court Administrator within ten(10)calendar days of the date of the discussion in Step 1 above. A copy of the grievance will be filed concurrently with the Human Resources Department. Within ten (10) calendar days after the receipt of the official written grievance, the Administrator shall schedule a meeting with the employee and Shop Steward and/or Union Representative to hear and seek to resolve the grievance. The Administrator shall provide a written response to the employee and the Union Steward/Union Representative within fourteen (14) calendar days of the meeting. A copy of the grievance response shall be provided to the Human Resources Department. If the grievance is not resolved at Step 2, the grievance may be advanced to Step 3. j Step 3. The written grievance shall be submitted to the Human Resources Manager within ten (10)calendar days of the date of the written response at Step 2. Within ten(10)calendar days of receipt of the grievance, the Human Resources Manager or designee shall schedule a meeting with the employee, Union Steward/Union Representative and the Juvenile Court Administrator(or designee)to hear and seek to resolve the grievance. The Human Resources Manager shall provide a written answer to the employee, Union Steward/Union Representative, and Juvenile Court Administrator within fourteen (14) calendar days of the meeting. If the grievance is not resolved at Step 3, the grievance may be advanced to Step 4. Step 4. The Union may choose to submit the grievance to arbitration and in such case will deliver written notification of its intent to arbitrate to the Employer within fourteen (14)calendar days. The Union's request for arbitration shall be in writing and may be filed with the Public 2021-2023 Juvenile Detention Teamster's Collective Bargaining Agreement Page 39 Employment Relations Commission (PERC), Federal Mediation and Conciliation Service (FMCS), or a mutually agreed upon arbitrator or arbitration service within thirty (30) calendar days of submitting its notice of intent to arbitrate to the Employer. In addition, the Union shall request the arbitration service supply a list of seven (7) qualified arbitrators. If a list of seven arbitrators is requested, both parties will attempt to agree upon an arbitrator from this list. If they cannot agree within fourteen (14) calendar days from the receipt of the list, a flip of the coin will determine which party strikes the first name from the list. This striking of names will alternate between the parties until one name remains. This person shall be the arbitrator. The referral to arbitration shall contain the following: 1. The specific details of the incident or issue giving rise to the grievance; 2. Article(s)and Sections(s)of the Agreement allegedly violated; 3. Copies of the Step 2 and 3 responses to the grievance; 4. Remedy sought. GRIEVANCE ARBITRATION: A hearing shall be scheduled at a date, time and location mutually convenient for all parties, In connection with any arbitration proceeding held pursuant to this Article, it is understood as follows: A. The arbitrator shall have no power to render a decision that will add to, subtract from or 1 alter, change, or modify the terms of this Agreement, and his/her power shall be limited to interpretation or application of the terms of this Agreement, and all other matters shall be excluded from arbitration. B. The decision of the arbitrator shall be final, conclusive and binding upon the Employer, the Union and the employees involved, provided the decision does not involve action by the Employer,which is beyond its jurisdiction. ' a C. Each party may call such witnesses as may be necessary in the order in which their testimony is to be heard. Such testimony shall be sworn and shall be limited to the matters set forth in the written statement of the grievance, and shall be subject to cross- examination. The arguments of the parties may be supported by oral comment and I rebuttal. Either or both parties may submit post-hearing briefs within a time mutually agreed upon. Such arguments of the parties, whether oral or written, shall be confined to j and directed at the matters set forth in the written statement of the grievance. D. Either party may request that a stenographic record of the hearing be made. The party requesting such record shall bear the cost thereof; provided, however, if the other party requests a copy, such cost shall be shared equally. E. The cost of the arbitrator shall be borne equally by the Employer and the Union, and each party shall bear the cost of presenting its own case. F. The arbitrator's decision shall be made in writing and shall be issued to the parties within a reasonable timeframe after the date of the arbitration hearing or after receipt of the parties' post hearing briefs are submitted to the arbitrator. 19.3 UNION/EMPLOYER GRIEVANCE Either the Union or the Employer may initiate a grievance at Step 2 if the grievance is submitted in writing within ten (10) business days from the date the Employer/employees became aware or C. EM�ARI 2021-2023 Juvenile Detention Teamster's Collective Bargaining Agreement Page 40 reasonably should have known that the grievance existed. The Employer may not grieve the acts of individual employees, but rather, only orchestrated acts or actions of authorized representatives believed to be in conflict with this Agreement. An Employer grievance will not be subject to Arbitration and may only go to mediation upon mutual agreement. The Union may initiate a Grievance at Step 2 anytime that it involves a group of employees involving different supervisors or from different Departments. Such grievances may be referred to mediation services by mutual agreement prior to Arbitration. 19.4 SCHEDULE OF MEETINGS Upon request, and without unnecessary delay, a steward's immediate supervisor or designee shall allow the steward during normal work hours without loss of pay, reasonable time to: • Investigate any grievance or dispute so that same can be properly presented in I accordance with the grievance procedure. • 1 Attend meetings with the Director or other Employer representatives when such meetings are necessary to adjust grievances or disputes. Meetings with designated personnel will be by appointment and held without delay when possible. •b Confer with a staff representative of the Union and/or employees on Employer premises, at such time and places as may be authorized by the Director or designee in advance of the intended meetings. For the purposes of this Article and Article 4.3, obtaining coverage to insure minimum staffing levels shall not be considered an unnecessary delay. The Employer shall not be obligated to provide coverage immediately if the use of overtime is the only means of providing that coverage ARTICLE 20 - NO STRIKE! NO LOCKOUT 1 20.1 NO STRIKE/NO LOCKOUT The Union agrees that there shall be no strikes, slow-downs, or stoppage of work, or any interference with the efficient operation of the Division. Any such action shall be subject to disciplinary action, including termination and replacement of the involved employees. The Employer shall not lockout any employee during the life of this Agreement. t ARTICLE 21 — MANAGEMENT RIGHTS AND RESPONSIBILITIES 21.1 MANAGEMENT RIGHTS AND RESPONSIBILITIES Except as specifically modified by this Agreement, including amendments, the County—acting through the Board of Commissioners on issues regarding economic matters, and the Mason County Superior Court—acting on issues regarding non-economic matters, retains all legal and inherent exclusive rights with respect to matters of legislative and managerial policy whether exercised or not. The Parties recognize that RCW 41.56 may impose an obligation to negotiate changes in wages, hours and working conditions not covered by this Agreement. Furthermore, the County and the Courts reserve all customary management prerogatives including, but not limited to the right to: A. Establish, plan for and direct the work force toward the organizational goals of the Mason County government. B. Determine the organization and merits, necessity and level of activity or service provided to the public. 2021-2023 Juvenile Detention Teamster's Collective Bargaining Agreement Page 41 C. Determine the County budget and financial policies, including accounting procedures. D. Determine the procedures and standards for hiring, promotion, assignment, transfer, layoff, discipline, and retention. E. Discipline employees for just cause. F. Determine the methods, means, equipment, and kinds and numbers of personnel required to accomplish the governmental operations and maintain the efficiency thereof. G. Assign work and schedule employees. H. Reduce staff or reduce working hours due to a lack of work or lack of funds. I. Take all actions necessary to carry out the mission of the Court in County emergencies. ARTICLE 22 -GENERAL PROVISIONS 22.1 SAVINGS CLAUSE i It is understood that the parties, hereto, are governed by the provisions of applicable Federal and State Law,which provisions shall prevail over this Agreement. Where there may be conflict between County ordinances or resolutions and this Agreement, the Articles of the Agreement shall prevail. Should any part thereof or any provisions herein be rendered or declared invalid by reason of any existing or any subsequently enacted legislation, or by a decree of a court of competent jurisdiction, such invalidation of such part or portion of this Agreement shall not invalidate the remaining portions hereof and they shall remain in full force and effect. In such event, the parties shall meet within thirty(30) days for renegotiation of such invalid provisions, for the purpose of adequate and lawful replacement, thereof, and to preserve the intent of the entire Agreement as negotiated by the i parties. ARTICLE 23—ENTIRE AGREEMENT 23.1 DURATION CLAUSE This Agreement shall become effective upon the signing of the Agreement and shall remain in effect through December 31, 2023. 1 Either party may request negotiations of a successor agreement within ninety (90) days of the expiration of this Agreement. This Agreement may be modified during its term by mutual agreement of both parties concerned. Such mutual agreement shall be reduced in writing and shall be incorporated as a part of this Agreement. 23.2 RE-OPENER The parties agree to meet in on or around October 1, 2022 for discussion on adding Teamsters retiree's medical if the unit wishes to pursue. J } 1 . � 202 t-2023 Juvenile Detention Teamster's Collective Bargaining Agreement Page 42 23.2 ENTIRE AGREEMENT The Agreement expressed herein in writing constitutes the entire agreement between the parties and no oral statement shall add to or supersede any of its provisions. The Employer agrees not to enter into any Agreement or contract with any covered employee(s),either individually or collectively,which is inconsistent with the terms of this Agreement. The existing contract shall remain in effect until a successor contract is signed, or until one year from the termination of this Agreement. a I I t I i 1 i i i i I 1 N�3�1 AL 2021-2023 Juvenile Detention Teamster's Collective Bargaining Agaeement Page 43 SIGNATURES IN WITNESS WHEREOF,the parties hereto have executed this Agreement this Day of , 2021. MASON COUNTY COURTS BOARD OF COUNTY COMMISSIONERS Monty Cobb; Randy Neatherlin; Commissioner JUDGE OF THE SUPERIOR COURT District#1 i Amber Finlay; Kevin Shutty; Commissioner JUDGE OF THE SUPERIOR COURT District#2 i Dan Goodell Sharon Trask; Commissioner JUDGE OF THE SUPERIOR COURT District 43 James Madsen Chief Superior Court Administrator YEAMSTERS LOCAL No. 252 h i Cardi usiness Agent i 1 TEAMS ERS LOCAL No. 252 J Brian Blaisdell; Secretary-Treasurer 2021-2023 Juvenile Detention Teamster's Collective Bargaining Agreement Page 44 Appendix A - Job Classifications & Wage Table Effective January 1, 2021 *For the purpose of annual step increases only,the anniversary date for employees who were at Step 7(top step)as of December 31,2019 will change to January 1. **Advancement from one step to the next is annual and on the employees anniversary date. Classification Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Detention Officer $3634.61 $3725.74 $3815.38 $3930.01 $4052.90 $4174.61 $4300.59 $4441.16 Detention Supervisor $4397.88 $4480.62 $4616.63 $4755.31 $4904.00 $5051.23 $5203.53 $5373.47 i i i ) ryJ i Effective January 1, 2022 **Advancement from one step to the next is annual and on the em to ee's a niversary date. Classification Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Detention $3661.87 $3753.68 $3844.00 $3959.49 $4083.30 $4205.92 $4332.84 $4474.47 $4620.73 Officer Detention Super isor $4430.86 $4514.22 $4651.25 $4790.97 $4940.78 $5089.11 $5242.56 $5413.77 $5590.73 Effective January 1, 2023 **Advancement from one stepto the next is annual and on the employee's annive ary date. Classification Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10 Detention Officer $3698,49 $3791.22 $3882.44 $3999.08 $4124.13 $4247.98 $4376.17 $4519.21 $4666.94 $4831.45 Detention Supervisor $4475.17 $4559.36 $4697.76 $4838.88 $4990.19 $5140.00 $5294.99 $6467.91 $5646.64 $5848.69 i t 'There was a scrivener's error made to the 2019-2020 Teamsters Juvenile Detention CBA Appendix--Wage Table. The monthly salary for a Detention Officer in Step 5 for 2020, stated$4,022.73, but should have been$4,004.42.The error was corrected in this 2021-2023 Teamsters Juvenile Detention CBA and$4,004.73 was used to calculate the rates for the Detention Officer. x MENA 2021-2023 Juvenile Detention Teamster's Collective Bargaining Agreement Page 45 WASHINGTON TEAMSTERS WELFARE TRUST SUBSCRIPTION AGREEMENT COLLECTIVE BARGAINING AGREEMENT PROVIDING FOR PARTICIPATION INTRUST The Employer and Labor Organization below are parties to a Collective Bargaining Agreement providing for participation in the above Trust. An enforceable Collective Bargaining Agreement must exist as a condition precedent to participation in the Trust. _Mason County—Juvenile Detention Teamsters Local Union No, 252 Employer Name Labor Organization(Union)Name PO Box 400 217 East Main Street Address Address Shelton WA 98584 Centralia WA 98531 City State Zip Code City State Zip Code i COLLECTIVE BARGAINING AGREEMENT The parties'Collective Bargaining Agreement is in effect from: 01/1/2021 to: 12/31/2023 ❑New Account ® Renewal—Account No. 107153 Approximate No. of Covered Employees 8 INFORMATION CONCERNING TYPE OF EMPLOYER'S BUSINESS j Employer is: ®Public Entity ❑Corporation -State of ❑Partnership ❑ Sole Proprietorship ❑ LLC j If Partnership or Sole Proprietorship,provide names of the owner or partners: BENEFIT PLANS)DESIGNATED IN COLLECTI VE BARGAINING AGREEMENT The Collective Bargaining Agreement provides that contributions will be made to the Trust on behalf of all employees for whom the Employer is required to contribute under the Trust Operating Guidelines for the purpose of providing such employees and their dependents with the following benefit plan(s): (The undersigned parties acknowledge the receipt of a copy of the Trust Operating Guidelines which by this reference are made a part hereof.) COVERAGE IN BARGAININGAGREEMENT (For renewals,list all coverages,not just changes) Monthly Rate Medical Plan A ®B El C $ 1288.00 Life/AD&D ❑A-$30,000 ❑B-$15,000 C-$5,000 $ Time Loss ®A-$400/week ❑B-$300/week ❑C-$200/week El D-$100/week $18.00 Disability Waivers ®Additional 9 months Disability Waiver of Contributions-Medical only $11.40 Domestic Partners ❑Domestic Partners—Medical $ ' Dental Plan A B C $ Domestic Partners ❑ Domestic Partners—Dental $ Vision Plan ❑ EXT $ Domestic Partners ❑ Domestic Partners—Vision $ Will there be any coverage changes before the Collective Bargaining Agreement's expiration?❑Yes®No. if yes,attach a Subscription Agreement for each change. EFFECTIVE DATE OF CONTRIBUTIONS-A Subscription Agreement must be submitted in advance of the effective date below. Contributions above are effective(month,year)January,2021 based on employment in the prior month. Inwortant:Coverage&effective in the month following the»ninth in which the contributions are due based on the Trust's eligibility lag month. For example,contributions effective April based on March employment will provide coverage in Mqy. EXPIRATION OF COLLECTIVE BARGAINING AGREEMENT Upon expiration of the above-referenced Collective Bargaining Agreement,the Employer agrees to continue to contribute to the Trust in the same amount and manner as required in the Collective Bargaining Agreement until such time as the Employer and the Labor Organization either enter into a successor Collective Bargaining Agreement, which conforms to the Trust Operating Guidelines, or one party notifies the other in writing (with a copy to the Trust) of its intent to cancel such obligation five(5)days after receiving notice,whichever occurs first. The T ist r rves the ' t to immediately terminate i participation in the Trust upon the failure to execute this or any future Subsc ' o Ag a nor to comply with the Trust Operating Guidelines as amended by the Trustees from time to time. For Employer For Union Title/Assn Date Title Secretary[Treasurer Date 8ZI�/ ELIGIBILITY TO PARTICIPATE IN TR UST Eligibility for benefits is determined in accordance with the requirements established in the Collective Bargaining Agreement provided such requirements are consistent with the Trust guidelines. To establish eligibility for benefits,Trust guidelines require that eligible employees must have the required number of hours in a month and have the contractually required contributions paid on their behalf. Eligibility will commence according to the Trust's lag month eligibility rule. Eligibility continues as long as the employee remains eligible, has the contractually required number of hours per month, and has the required contributions made. The Trust,however,will not recognize any contractual provision that conditions continued eligibility on having less than 40 or more than 80 hours in a month. Eligibility will end according to the Trust's policy for employees who do not have the required number of hours and contributions in a month and who do not qualify for an applicable extension of eligibility,if any. .Employees of a participating employer not performing work covered by the Collective Bargaining Agreement may participate in the Trust only pursuant to a written special agreement approved in writing by the Trustees. The Trustees reserve the right to l recover any and all benefits provided to ineligible individuals from either the ineligible individual receiving the benefits or the i employer responsible for misreporting them(if applicable). REPORTING OBLIGATIONAND CONSEQUENCES OFDELINOUENCY Employer contributions are due no later than ten(10)days after the last day of each month for which contributions are due. The Employer acknowledges that in the event of any delinquency, the Trust Agreement provides for the payment of liquidated damages,interest,attorney fees,and costs incurred in collecting the delinquent amounts. TRUSTEES'AUTHORITY TO DETERMINE TERMS OF PLANS The parties recognize that the detail of the benefit plans provided by the Trust and the rules under which employees and their dependents shall be eligible for such benefits is determined solely by the Board of Trustees of the Trust in accordance with the terms of the governing Agreement and Declaration of Trust (Trust Agreement). The Trustees retain the sole discretion and authority to interpret the terms of the Trust's benefit plans,the plans' eligibility requirements, and other matters related to the administration and operation of the Trust and its benefits plans. The Trustees may modify benefits or eligibility of any plan for the purpose of cost containment,cost management,or changes in medical technology and treatment. MECHANISM FOR HANDLING CONTRIBUTION INCREASES The Trustees' authority shall include the right to adjust the contribution rates to support the benefit plans offered by the Trust and to maintain adequate reserves to cover any extended eligibility and the Trust's contingent liability. The parties recognize that it is the intent of the Trust not to provide employee benefit plans for less than the full cost of any such plan. If the Collective Bargaining Agreement does not provide a mechanism for fully funding the designated benefit plans,the Board of Trustees may substitute a plan then available that is fully supported by the employer's contribution obligations. The disposition of any excess employer contributions will be subject to the collective bargaining process. ACCEPTANCE OF TRUST AGREEMENT The Employer and the Labor Organization accept and agree to be bound by the terms of the Trust Agreement governing the Trust, and any subsequent amendments to the Trust Agreement. The parties accept as their representatives for purposes of participating in the Trust the Trustees serving on the Board of Trustees and their duly appointed successors. Provided, however, that in the event that either Section 2 or 3 of Article VIII of the Trust Agreement is amended to change or modify an Employer's liability as specified therein, such amendment will not be deemed applicable to an Employer until such time as the Employer enters into a successor Collective Bargaining Agreement after the expiration of the Employer's then current Collective Bargaining Agreement. APPROVAL OF TRUSTEES This Agreement has been approved by the Board of Trustees of the Washington Teamsters Welfare Trust. I Date Administrative Agent Washington Teamsters Welfare Trust SA 28(REV 04/09) COLLECTIVE BARGAINING AGREEMENT January 1 , 2021 - December 31 , 2023 BETWEEN 1 i TEAMSTERS UNION LOCAL NO. 252 .j QIHE 3 � i s AND r i MASON COUNTY PROBATION SERVICES I CO t, 1854 2021-2023 Probation Teamster's Collective Bargaining Agreement Page I TABLE OF CONTENTS ARTICLE1 -DEFINITIONS ...........................................................................................................................5 ARTICLE2-RECOGNITION. ........................................................................................................................6 2.1 RECOGNITION.....................................................................................................................................6 2.2 NEW CLASSIFICATIONS.......................................................................................................................6 ARTICLE3-UNION SECURITY.....................................................................................................................7 3.1 UNION REPRESENTATION....................................................................................................................7 3.2 NONDISCRIMINATION-UNION ACTIVITY...............................................................................................8 ARTICLE 4-UNION I EMPLOYER RELATIONS..........................................................................................8 4.1 UNION ACCESS.................................. .......8 .......................................................................................... 4.2 FACILITY USE .......8 .............................................................................................................................. 4.3 STEWARDS.........................................................................................................................................8 4.4 ORIENTATION......................................................................................................................................8 4.5 BULLETIN BOARDS.............................................................................................................................9 4.6 CONTRACT DISTRIBUTION ...................................................................................................................9 4.7 NEGOTIATIONS RELEASE TIME............................................................................................................9 4.8 GRIEVANCE RELEASE TIME.................................................................................................................9 4.9 UNION BUSINESS................................................................................................................................9 4.10 BARGAINING UNIT ROSTER............................................................................................................9 ARTICLE5-EMPLOYMENT. .........................................................................................I............................10 i 5.1 PROBATIONARY PERIODS..................................................................................................................10 { 5.2 TYPES OF EMPLOYMENT....................................................................................................................10 5.3 CONTRACTORS 5.4 STUDENTS/INTERNS ARTICLE 6-HOURS OF WORK AND OVERTIME............................ ..11 6.1 WORK-DAYIVVORKWEEK...................................................................................................................11 6.2 WORK SCHEDULES...........................................................................................................................12 6.3 REsTIMEAL BREAKS........................................................................................................................13 6.4 OVERTIME.................................................................................................................... ......13 .............. 6.5 Comp TIME.......................................................................................................................................13 ARTICLE 7-EMPLOYMENT PRACTICES..................................................................................................14 7.1 NONDISCRIMINATION.........................................................................................................................14 7.2 JOB POSTING.............................................................................................................. ......14 ............... 7.3 PROMOTIONS....................................................................................................................................14 7.4 PERSONNEL FILE I POLICIES............................................................................................ ....15 ............. 7.5 EVALUATIONS...................................................................................................................................16 7.6 DISCIPLINE I CORRECTIVE ACTION.....................................................................................................16 ARTICLE8-SENIORITY..............................................................................................................................18 8.1 DEFINITIONS.....................................................................................................................................18 8.2 APPLICATION OF SENIORITY..............................................................................................................19 8.3 PROBATIONARY PERIOD ...................................................................................................................20 8.4 LOSS OF SENIORITY..........................................................................................................................20 8.5 LAYOFFS..........................................................................................................................................20 8.6 NOTICE.................................................................................. ...21 ....................................................... 8.7 MEETING WITH UNION.......................................................................................................................21 8.8 AFFECTED GROUP............................................................................................................................21 8.9 VACANT POSITIONS..........................................................................................................................22 8.10 SENIORITY LIST................................................................................................................................22 t� N1�Lil,lAfl 1l.,.Yi 2021-2023 Pmbation Teamster's Collective Bargaining Agreement Page 2 8.11 ORDER OF LAYOFF...........................................................................................................................22 8.12 COMPARABLE EMPLOYMENT.............................................................................................................22 8.13 LAYOFF OPTIONS.............................................................................................................................22 8.14 REDUCTION HOURS 1 FTE.................................................................................................................24 8.15 RECALL............................................................................................................................................24 8.16 VACATION&LEAVE CASH OUTS J PAY..............................................................................................25 8.17 UNEMPLOYMENT CLAIMS..................................................................................................................25 ARTICLE9-WAGES. ..................................................................................................................................25 9.1 WAGE SCHEDULE.............................................................................................................................25 9.2 HIRE-IN RATES.................................................................................................................................26 ARTICLE 10-OTHER COMPENSATION. ..................................................................................................26 10.1 CALL-BACK PAY.........................................................................................................................26 10.2 WORK IN A HIGHER CLASSIFICATION............................................................................................26 10.3 MILEAGE REIMBURSEMENT..........................................................................................................27 , 10.4 LONGEVITY.................................................................................................................................27 ARTICLE11 -HOLIDAYS .............................................................................................................................27 11.1 HOLIDAYS...................................................................................................................................27 11.2 RELIGIOUS HOLIDAYS..................................................................................................................27 11.3 HOLIDAY OBSERVANCE...............................................................................................................27 { 11.4 HOLIDAY ON DAY OFF................................................................................................................28 !!.! 11.5 HOLIDAY COMPENSATION............................................................................................................28 I ARTICLE12-VACATION ...........................................................................................................................28 ? 12.1 VACATION ACCRUAL....................................................................................................................28 12.2 VACATION SCHEDULING 1 12.3 VACATION PAY ............30 12.4 VACATION UPON TERMINATION........................ .........30 1 ARTICLE13 SICK LEAVE .........................................................................................................................30 �] 13.1 SICK LEAVE ACCRUAL......................................................................................... ...................30 13.2 SICK LEAVE USAGE....................................................................................................................31 13.3 SHARED LEAVE...........................................................................................................................31 13.4 COORDINATION-WORKER'S COMPENSATION ..............................................................................31 13.5 FAMILY MEMBER.........................................................................................................................32 13.6 SICK LEAVE CASH OUT...............................................................................................................32 ARTICLE14-LEAVES OF ABSENCE........................................................................................................32 14.1 IN GENERAL................................................................................................................................32 14.2 JURY DUTY/COURT....................................................................................................................32 14.3 MILITARY LEAVE......................................................................................................................... 33 14.4 BEREAVEMENT............................................................................................................................33 14.5 MAINTENANCE OF SENIORITY.......................................................................................................33 14.6 LEAVE WITHOUT PAY..................................................................................................................33 14.7 FAMILY LEAVE-FMLA...............................................................................................................33 14.8 MATERNITY LEAVE.................................................................................... .....34 ............................. 14.9 PAID FAMILY&MEDICAL LEAVE COMPLIANCE.............................................................................34 14.10 WASHINGTON STATE LONG TERM CARE TRUST ACT COMPLIANCE...............................................34 ARTICLE15-HEALTH&WELFARE..........................................................................................................34 15.1 HEALTH AND LIFE INSURANCE.....................................................................................................34 15.2 RETIREMENT...............................................................................................................................35 ARTICLE16-TRAINING...............................................................................................................................35 16.1 TRAINING....................................................................................................................................35 ct-"- Page 3 2021-2023 Probation Teamster's Collective Bargaining Agreement hE`ti��1�� 16.2 TRAINING REIMBURSEMENT.........................................................................................................36 ARTICLE 17-LABOR/MANAGEMENT COMMITTEES............................................................................36 17.1 PURPOSE OF COMMITTEE............................................................................................................36 17.2 COMPOSITION OF COMMITTEE......................................................................................................36 17.3 COMPENSATION..........................................................................................................................37 ARTICLE18-HEALTH &SAFETY. ............................................................................................................37 18.1 SAFE WORKPLACE......................................................................................................................37 18.2 HEALTH&SAFETY PLAN.............................................................................................................37 18.3 DRUG FREE WORKPLACE............................................................................................................37 18.4 WORK PLACE VIOLENCE.............................................................................................................37 ARTICLE 19-GRIEVANCE PROCEDURE..................................................................................................38 19.1 GRIEVANCE DEFINED ..................................................................................................................38 k 19.2 GRIEVANCE PROCEDURE.............................................................................................................38 19.3 UNION/EMPLOYER GRIEVANCE....................................................................................................40 19.4 SCHEDULE OF MEETINGS......................................................................................... ....40 ................ ARTICLE 20- NO STRIKEINO LOCKOUT...................................................................................................40 20.1 NO STRIKE/NO LOCKOUT............................................................................................................40 ARTICLE 21 -MANAGEMENT RIGHTS AND RESPONSIBILITIES...........................................................41 j .1 21.1 MANAGEMENT RIGHTS AND RESPONSIBILITIES....................................................................... .....41 � a ARTICLE 22-GENERAL PROVISIONS.......................... ............42 22.1 SAVINGS CLAUSE........................................................................................................................42 a ARTICLE23— ENTIRE AGREEMENT..........................................................................................................42 j 23.1 DURATION CLAUSE.....................................................................................................................42 23.2 ENTIRE AGREEMENT...................................................................................................................42 + SIGNATURES..............................................................................'.......................................................I..........43 � APPENDIX A-JOB CLASSIFICATIONS&WAGE TABLE..........................................I.............................44 EFFECTIVE JANUARY 1,2021.....................................................................................................................44 EFFECTIVEJANUARY 1,2022.....................................................................................................................44 EFFECTIVEJANUARY 1, 2023.....................................................................................................................44 1 I i `U 2021-2023 Probation Teamster's Collective Bargaining Agreement Page 4 PREAMBLE Mason County, a political subdivision of the State of Washington, the Mason County District and Superior Court Judges—acting in their capacity as administrators of the Mason County District and Superior Courts, and Teamsters Union Local No. 252, hereinafter referred to as the "Union," do hereby enter into this Agreement for the purposes of promoting harmonious relations and efficiency. Pursuant to RCW 41.56.030,the Employer for purposes of negotiating wages and economic-related matters shall be the Mason County Board of Commissioners, and the Employer for purposes of negotiating working conditions and all other non-wage related matters shall be the District and Superior Court judges or their designee(s). ARTICLE 1 — DEFINITIONS As used herein, the following terms shall be defined as follows: i 1.1 "Bargaining Unit" (Union)shall be Teamster Union Local No. 252. I 1.2 "Division"refers to the Division of Adult Probation Services and Juvenile Probation Services. I' R 1.3 "Employer' shall mean the Board of Mason County Commissioners and the Superior and District Court Judges. 1.4 "Employee" shall mean a person occupying a position and paid a salary or wage by the Employer and who is represented by the bargaining unit (as defined in Article 2.1 hereof) covered by this Agreement. Employee shall not include any person retained by the Employer under a written personal services or consultant contract or agreement. 1.5 "Executive", "Administrative", and "Professional" Employees shall mean all employees as defined in WAC 296-128-500. 1.6 Job classifications and salary steps are listed and categorized in Appendix A of this Agreement. I 1.7 "Immediate family"shall be defined as persons related by blood, marriage,or legal adoption in the degree of relationship of grandparent, parent, wife, husband, brother, sister, child biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis who is under eighteen years of age; or eighteen years of age or older and incapable of self-care because of a mental or physical disability, grandchild, domestic partner (state registered), in compliance with WAC 296-130-030 and RCW 49.12.270 (or subsequent statutes)and other persons with the approval of the Employer or designee. 1.8 "Overtime" shall mean all Employer-required work, which has been performed in excess of their scheduled work-day, or forty(40) hours per week, consistent with Article 6.4. 1.9 Promotions, Transfers and Demotions defined and distinguished: a. Promotion is a change of an employee from a job classification to a different job classification, which is compensated at a higher salary range. b. Transfer is a change of an employee from a job classification to a different job classification, which is compensated at the same salary range. c. Demotion is a change of an employee from a job classification to a different job classification, which is compensated at a lower salary range. 202t-2023 Probation Teamsters Collective Bargaining Agreement Page 5 1.10 "Vacation" shall mean a scheduled workday or accumulation of scheduled workdays on which an employee may, by pre-arrangement, continue to receive the regular rate of compensation although he or she does not work. 1.11 For the purpose of timelines associated with grievances, appeals and policy issues, "day" shall mean a calendar day. 1.12 "Anniversary Day of Pay" shall mean the day of your step increase depending on the day of hire or promotion that takes place within the same pay period of anniversary date. The actual day of pay increase shall be the 1 st or the 16th of the month, depending on the date of the anniversary day (e.g. if an employee's anniversary date is on January 14, the pay increase will take effect January 1). 1 ARTICLE 2-- RECOGNITION 2.1 RECOGNITION The Mason County Board of Commissioners, Mason County Superior Court and Mason County District Court, recognize that the Teamster Union Local No. 252, Centralia and Olympia, I Washington, has the right to bargain for all full-time and part-time employees of the Mason County Probation Services Divisions in Juvenile Court and District Court, excluding: managers, supervisors and confidential employees, under the conditions set forth in the Washington State Public Employee's Collective Bargaining Act of 1967. District Court Probation is distinctly separate from Juvenile Probation Services. Superior Court and Juvenile Court do not have authority to bargain for District Court Probation officers, and District Court does not have authority to bargain for Probation services in Juvenile Court. All collective bargaining with respect to wages, hours and working conditions shall be conducted by authorized representatives of the Union and authorized representatives of the Employer, Agreements reached between the parties of this Agreement shall become effective only when signed by the authorized representatives of the Union and by the Board of Mason County Commissioners and the Superior and District Court. 2.2 NEW CLASSIFICATIONS When new Regular or Temporary positions are created within the Divisions represented, or the classifications listed in Article 9.1, the Union will be notified of the pending action prior to hire. When existing classifications are substantially modified within the Divisions represented, or the classifications listed in Article 9.1, the Union will be notified of the pending action within ten (10) working days of the date that the position is first posted/advertised or the proposed effective date of the action that would change the status of the classification. It is mutually agreed that it is the intent of the parties to meet, upon request by either party, in order to include or exclude new or modified positions in the bargaining unit consistent with the duties, responsibilities, and organizational level of the classification. The parties agree that new classification(s)designated and approved by the Employer to be within the non-represented pay plans shall be excluded from the bargaining unit, absent a request to meet within thirty (30) calendar days. Existing bargaining unit classifications shall remain within the bargaining unit absent a mutual agreement by the parties or a decision by the Public Employment Relations Commission (PERC). 2021-2023 Probation Teamster's Collective Bargaining Agreement s d INAL Page 6 If either party disagrees with the pay plan designation for a new or reclassified position, the parties recognize the determination of whether the position is included within the bargaining unit may be reviewed by PERC upon petition by either party or jointly. Should PERC determine the classification to be included in the bargaining unit, the position shall be placed within the Union salary schedule at the appropriate rate of pay and at a step arrived at either by mutual agreement/ negotiation or PERC ruling. ARTICLE 3--UNION SECURITY 3.1 UNION REPRESENTATION a. It is mutually agreed that only Union members of this unit shall engage in active participation in Union affairs of this unit or serve in a role of leadership of the unit such as: serving as a delegate or representative, serving on negotiating or other Union committees, or participating in other similar activities to the interest of the unit. b. The Union shall have up to a thirty(30) minute orientation with new employees' during the employees regular work hours. The Union will explain that it is the designated as the exclusive representative for all employees covered under the Collective Bargaining Agreement. The Union shall inform each new employee that membership in the Union is voluntary and only when an employee clearly and affirmatively consents to joining the Union may the Union collect fees. In addition,the Union shall explain to the new employee i the rights and the benefits the employee would forgo by being a non-member. c. The Union agrees to accept employees as members without discrimination as to race, color, creed, sex, sexual orientation, national origin or physical, sensory or mental disabilityor protected classes under the law. d. The Employer will provide for payroll deduction of Union dues and initiation fees upon authorization by the employee. Payroll deduction authorization cards must be received by the County department by the 15th day of the month to be recognized as effective for that month. The County will transmit to the duly designated officer of the Union the total amount so deducted together with the list of names of the employees from whose pay deductions were made. All refunds of such deductions, which may be required to be made to any employee, shall be made by the Union, and the Union shall settle all questions, and disputes between it and its members with reference to the deductions or refunds of the like without recourse to the County. e. The Employer will distribute one copy of this Agreement to each employee in the unit and to each newly hired employee of the unit. The cost of printing this Agreement shall be equally shared between the Department and the Union. f. The Union agrees to supply the Employer with lists of officers of the Union and representatives and to keep such lists current. The Employer will recognize the officers and representatives, or shop stewards. g. Signatory organization will indemnify,defend,orhold the Employer harmless against any claims made and against any suit instituted against the County on account of any check- off of dues for the Union organization. The Union agrees to refund to the County any amounts paid to it in error on account of the check-off provisions upon presentation of proper evidence thereof by the County. --� r f O �wZiV1 2021-2023 Probation Teamster's Collective Bargaining Agreement f: Page 7 3.2 NONDISCRIMINATION-UNION ACTIVITY Neither party shall discriminate against any employee because of membership in or non- membership in or activity on behalf of the Union. No employee shall be discharged or discriminated against for upholding Union principles, fulfilling duties as a Steward in the Union or serving on a Union committee. ARTICLE 4— UNION/ EMPLOYER RELATIONS 4.1 UNION ACCESS Employees shall have the right to Union representation. The Union's authorized staff representatives shall have access to the Employer's premises where employees covered by this Agreement are working for the purpose of investigating grievances and contract compliance, after notifying the , Employer. Access for other purposes shall not be unreasonably denied by the Employer provided, however, that there is no serious or prolonged interruption of the Employer's working schedule. Such visits shall not interfere with or disturb employees in the performance of their work during working hours. 1 4.2 FACILITY USE j The conduct of Union business on Employer time and premises shall be subject to the limitations set forth in this Article and with the understanding that no Union member or Steward shall use Employer's equipment in the conduct of Union business. The Union shall be permitted to use designated premises of the Employer for Union meetings, with or without Union staff present, provided it is not disruptive to operations and space is available. Use of Employer's premises for meetings shall be limited to the hours of 5pm to 8am and 12pm to 1 pm, unless otherwise approved by the Employer. 4.3 STEWARDS The Union may designate Shop Stewards and alternates for Probation Services. Stewards shall be allowed reasonable time during working hours to investigate and process grievances. Prior to undertaking such grievance duties, the Stewards shall inform his/her supervisor of the need to be away from his/her work. The Division shall grant the Steward's request unless the Stewards cannot be spared at that particular time. If such is the case, then Stewards shall be allowed time to perform his/her Stewards duties at the earliest possible time. The Union shall provide the Human Resources Department with a current list of all Stewards. With notice to the Employer, Stewards shall be allowed reasonable time during working hours to investigate and process grievances, as defined in Article 4.8, 4.9 and 19.4. a Union activities other than those provided for in this Article are to be conducted on the employee's own time; e.g. lunch or coffee breaks, before or after work. Employees shall attend Union meetings on their own time. 4.4 ORIENTATION During the new employee orientation process, Human Resources provide a copy of the Collective Bargaining Agreement and will notify the new hire of their shop steward. Per RCW 41.56.037, each new hire will receive an opportunity to meet with their shop steward for a minimum of thirty (30) minutes within the first ninety(90)days from the date of hire,which will take place at the employee's regular worksite or a mutually agreed upon location. Human Resources will notify the shop steward and Union representative of each new hire within ten (10) business days of the date of hire. j l irj'�_T,t I 2021-2023 Probation Teamster's Collective Bargaining Agreement fa—:y `%`i M l i =A L Page 8 4.5 BULLETIN BOARDS The Employer will provide a bulletin board for Union use. No materials shall be posted except notices of meetings and elections, results of elections, changes in Union by-laws, notices of employee social occasions, similar Union notices, letters, and memoranda. Union will limit the posting of any material on the Employers' premises to its bulletin board. 4.6 CONTRACT DISTRIBUTION The Union will provide access to a copy of this Agreement to each new and current employee in the unit. 4.7 NEGOTIATIONS RELEASE TIME The Employer will make a good faith effort to assist in providing release time for Union negotiating team members participating in contract negotiations if negotiations take place on work time, provided that coverage can be arranged. 4.8 GRIEVANCE RELEASE TIME Prior to any proposed investigation of a grievance, Stewards provide notice to their and the grievant's supervisor, which will be granted unless the Stewards, or the grievant is working on something that requires immediate attention. If permission cannot be immediately granted, the Employer will arrange to allow investigation of the grievance at the earliest possible time. When it is necessary for Stewards to conduct Union business authorized by this Agreement in an area, or on a shift other than their own, they shall notify the supervisor of that area or shift of their presence and of the nature of their business. No compensation shall be provided by the Employer for such Stewards activities outside the employee's work shift, without express pre-authorization by the Steward's Division Designee or Human Resources. 4.9 UNION BUSINESS Compensable Union business shall be defined as meeting with an authorized Employer representative who schedules a meeting during normal business hours when it is necessary for a duly authorized Steward of the Union (who is also a member of the bargaining unit)to attend for the purpose of resolving a grievance filed by a member of the bargaining unit, or other issues that require the presence of a Union official. When reasonably possible, the Union representative will notify their Supervisor or designee when they are requested to attend a Union meeting during regular business hours. Consistent with Articles 4.3, 4.8 and 19.4, Stewards shall be afforded reasonable time for the investigation of grievance and compliance issues dealing with this Agreement. Other Union business will not be conducted on Employer time. Any concerns by the Employer which indicate that a Steward is spending an unreasonable amount of time performing Union duties shall be referred to Human Resources for discussion and resolution with the Staff Representative of the Union or their designee. The Union and the Employer have the right to communicate on matters of concern using e-mail, written correspondence, and telephonic communications. The Parties agree to ensure that all respective stakeholders are notified and copied appropriately. The parties agree to respond to written and e-mail correspondence and telephonic messages as soon as reasonably possible. 4.10 BARGAINING UNIT ROSTER The Auditor's Office will provide the Union with a list of all employees within the bargaining unit on an annual basis. The Auditor will also provide to the Union President/Shop Stewards the name and other pertinent information regarding new hires. 2021-2023 Probation Teamster's Collective Bargaining Agreement Page 9 The Union agrees to supply Human Resources with current lists of Stewards. The Employer will recognize the Stewards as soon as the list is received, in writing, by Human Resources. ARTICLE 5--EMPLOYMENT 5.1 PROBATIONARY PERIODS All newly hired employees will be placed on probationary status for a period of six(6)calendar months from date of hire, except as identified in Article 16.1. New employees with prior related experience may be placed at a step in the salary range equivalent to one (1) step for each two (2) years of experience, up to a maximum of three (3)steps. The Employer may discharge a probationary employee with a minimum of one(1) day written notice. A probationary employee does not have the right to grieve termination of his or her employment during the probationary period. ' The Employer may extend the six month probationary period for new employees up to an additional j six months. The Employer shall provide a written notice to the Union no less than fourteen (14) calendar days prior to the probationary period's expiration of his or her intent to extend a probationary period. The Union may request reconsideration of the decision and/or the length of the extension period within fourteen (14) calendar days of the date of the notice. The employee will remain on probation until such time as a resolution has been determined. Trial Service Period - Employees who are transferred or promoted to another position-and/or- classification in the bargaining unit shall serve a trial service period for three (3) months of work, consistent with Article 7.3. 5.2 TYPES OF EMPLOYMENT NOTE: BENEFITS ELIGIBILITY MAY NEED TO BE REVISED PER ACA 5.2.1 REGULAR FULL-TIME EMPLOYEES: A regular full time employee is scheduled to work forty (40) hours per week in a regularly budgeted, on-going position. Regular Full-Time employees are eligible to receive the standard benefit package. 5.2.2 REGULAR PART-TIME EMPLOYEES: A regular part-time employee typically is scheduled to work a minimum of twenty(20) hours per week, but no more than forty (40) hours per week in a regularly budgeted, on-going position. Regular part-time employees are eligible to receive the standard benefits package, prorated to match the FTE percentage and adjusted by actual hours worked. Medical benefits are consistent with Article 15.1. 5.2.3 TEMPORARY EMPLOYEES: A temporary employee is hired for a specific assignment that has a duration of employment and schedule that is anticipated to work one thousand and forty (1,040) hours or more in a twelve (12)month period. A temporary employee is eligible for the standard benefits package, prorated to match the anticipated FTE percentage and adjusted by actual hours worked. Medical benefits are consistent with Article 15.1 if Part-Time Temporary. If a regular employee accepts an assignment of a temporary position, that employee will be eligible for return rights to their former position upon completion of the specific assignment n yo I 2021-2023 Probation Teamster's Collective Bargaining Agreement - + `_ Page 10 or term of the temporary employment or upon twenty (20) calendar days' notice from the Employer or 30 calendar days' notice from the employee, whichever is earlier. The regular employee shall continue to earn seniority as to their former position during the period of the temporary position assignment. Any new-hire employee who is hired to fill the vacancy, which was created by the regular employee accepting a temporary position,will also be hired as a temporary employee and that employee will cease to have employment rights upon the return of the regular employee to the former position. For regular employees moving to a temporary position, as above, Union membership status will remain unchanged, per the Agreement representing the temporary position. Employees in temporary positions serve an anticipated but not guaranteed term. While a term of employment is anticipated, the assignment/project may be terminated at any time for any reason, with or without notice. 5.2.4 EXTRA HELP EMPLOYEES: An extra-help employee works in a limited, but on-going capacity. They do not have a specific end date. Their schedule may consist of an intermittent or varying schedule per j week on an as needed basis, and are anticipated to work fewer than one thousand and forty I (1,040) hours within a twelve (12) month period. They are not eligible for the benefits package, nor union membership: 5.2.5 SEASONAL EMPLOYEES: A seasonal employee works for a specific amount of time and is not anticipated to meet or exceed one thousand and forty(1,040) accumulated hours in a twelve(12)month period. A seasonal employee is not eligible to receive the benefits package. 5.3 CONTRACTORS The Employer will make good faith efforts to limit bargaining unit work to employees covered by this Agreement. Should the Employer consider Subcontracting,the parties shall meet to allow the Union an opportunity + to review the County's financial reasons for considering subcontracting and to present any alternative means of cost-savings besides subcontracting for the County to consider. If the County determines j that subcontracting is necessary, the County shall negotiate with the Union the effects of 3 subcontracting upon members of the bargaining unit. 5.4 STUDENTSIINTERNS { Student and Internship programs may be created by the employer provided such does not take work away from budgeted classifications represented by the Union, the Union is provided notice and, upon request by the Union, the Employer meets with the Union to discuss the impacts and benefits of the program. ARTICLE 6—HOURS OF WORK AND OVERTIME 6.1 WORK-DAYIWORKWEEK A regular full-time workweek shall consist of forty (40) hours of time actually worked, or compensated within a seven (7) day period (typically Sunday 12:00 a.m. through Saturday 11:59 p.m.). Changes in work schedule, which may include changes in the schedule or total hours, shall be consistent with Article 6.2. 2021-2023 Probation Teamster's Collective Bargaining Agreement - -' Page 11 6.2 WORK SCHEDULES For regular full-time employees, the workweek shall normally consist of forty (40) hours of time scheduled within a seven (7) consecutive day period. Work related travel time is to be paid at the employee's regular rate of pay, to include overtime when appropriate, in accordance with the Fair Labor Standards Act (FLSA). Work hours for full-time employees covered by this Agreement shall normally be scheduled by division as described below: The work-day normally shall be eight (8) consecutive hours of work. The work-week shall be five (5) consecutive, eight(8) hour days, Monday through Friday, or as defined below in Alternate Work Schedules. However, an earlier or later starting time may be adopted for any or all employees. Such starting time shall be mutually agreeable among the County and f the employee, and shall not result in the application of the overtime provision, but shall be paid at the regular rate for eight(8) hours of continuous work. All employees will be allowed a non-paid, duty-free lunch period. This paragraph shall not apply to employees with weekend schedules. Alternate Work Schedules: Work-weeks and work shifts of different numbers of hours and/or work-days may be established by the Elected Official/Division Head in order to meet business and customer service needs, or in response to budgetary demands. Employees may be assigned to an alternate work schedule with five (5) working days' notice from the Elected Official/Division Head. Employees may request an alternate work schedule, which is subject to approval by the Division Head. Management shall have the right to establish a four (4) day, ten (10) hour per day work schedule, if agreeable with the employee(s). Employee(s) will have available four tens (4- 10's) work schedules Monday through Thursday, or Tuesday through Friday, or flex schedules as set out above. Any holiday that falls on a scheduled workday of a four-ten (4-10)work-week shall be paid at eight (8) hours' pay. Employees shall have the opportunity to use two (2) hours vacation/accrued comp time to supplement the eight hours' pay. Sick leave and vacation leave accumulation shall remain the same. Sick leave and vacation leave will be charged by the number of hours taken. If call-outs are required on scheduled days off(Friday or Monday), they will be treated in the same manner as any Saturday call-out. Flex Schedules: Flexible starting and/or quitting times may be adopted, on a case-by-case bases, with mutual agreement between the employee and his/her Employer. These work schedule adjustments shall not result in the application of the overtime provisions. 3 Call Out Time: When an employee is called out on their scheduled day off or on a Holiday, a minimum of two (2) hours' pay at the appropriate rate shall be allowed. Off Duty Time: a. For the life of this Agreement, no employee shall be required to be available at a fixed location or remain accessible by radio, telephone, beeper, etc. unless such employee is on duty. b. Telephone Calls: Employees who are contacted by telephone while off duty and G`_ 2021-2023 Probation Teamster's Caltective Bargaining Agreement ( ' 1 I Vie E:{ Page 12 not required to come into work, will be compensated at a minimum of one-half(1/2) hour at the appropriate rate, when the call is made by the supervisor or designee. Unusual Weather/Extreme Circumstances: In the event of unusual weather or extreme conditions, employees are required to make a good faith effort to call the designated County telephone by 7:00 a.m. to receive reporting instructions. 6.3 REST/MEAL BREAKS Employees will be allowed up to a one (1) hour unpaid lunch period as approved and scheduled by the Elected Official/Department Head. Employees may take one (1)fifteen-minute break for every four (4) hours worked. Breaks should be arranged so that they do not interfere with County a business or service to the public. Lunch periods and breaks shall not be combined and they may not be used to shorten an employee's workday. 6.4 OVERTIME a Any regular full-time employee in paid status beyond their scheduled work-day for full-time employees, or forty(40) hours in a work-week, shall be paid for overtime at a rate of one and one- half(1 1/)hours for the work performed; or, at the request of the employee, accumulate comp time. Please refer to Article 6.5 for comp time accrual. All hours worked in an alternate schedule beyond the regularly scheduled day for regular full-time employees(i.e. 8, 9, 10 or 12 hour work schedule), or forty(40)hours in a week shall be paid at the rate of time and one-half(1 %)the regular rate. The cut-off date for paid overtime for the month will be 5:00 p.m., ten(10)days prior to the last work- day of each month. The Division Head or designee shall approve overtime hours in advance, except when overtime hours are related to courtroom job duties. An overtime record shall be filled out by the employee and submitted to their supervisor by the employee's next work-day. Work performed on Saturday shall be at a rate of time and one half (1 1/2). Work performed on Sunday, or Holidays, shall be paid at the double time rate. However, Work Crew Supervisors (Assistant Probation Officer or Community Program Support Specialist)shall be paid at the straight time rate for hours worked on Saturday; and at the time and one half(1 '/2)rate for work on Sunday i and Holidays, except for New Year's Day, July Fourth, Thanksgiving Day, the Day after Thanksgiving and Christmas Day, which are to be paid at the double time rate if worked. 6.5 COMP TIME ' 1 The Elected Official/Division Head may authorize comp time in lieu of overtime compensation and, if so, the employee shall receive comp time at the time-and-one-half (1 1/2) rate. Comp time earned ' may be used only on the days mutually agreed by the employee and the County. Employees hired before January 1, 2011, may accrue up to two hundred forty(240)hours of comp time. All comp time after the limit of two hundred forty(240) hours is reached shall be paid at time and one-half, or used by the employee as time off. Employees hired on or after January 1, 2011, shall be permitted to accrue up to eighty(80) hours of comp time. For employees hired on, or after January 1, 2019, no rollover comp time can be banked, and the allowed eighty (80) hours of accrued comp time must be used, or paid out. If the employee does not use all their accumulated comp time, they will receive a payout for the unused comp time on the December 25 payroll check. All unused comp time will be paid at the end of each year. However, at the employee's request, up to twenty-four(24) hours of comp time is permitted to carry-over into the following year. The scheduling of comp time off shall be requested and approved in the same manner as vacation leave. t 2021-2023 Probation Teamster's Collective Bargaining Agreements Page 13 Compensation shall not be paid (nor comp time earned) more than once for the same hours under any provision of this Article or Agreement. Premium or overtime pay shall not be duplicated or pyramided unless required by the Fair Labor Standards Act, in which case premium or overtime pay shall be based on the employee's regular rate of pay. Unless there are bon a fide work requirements, authorized overtime work opportunities shall be distributed as equally as possible, in inverse order of seniority within job classifications. Employees may decline voluntary overtime opportunities. ARTICLE 7— EMPLOYMENT PRACTICES 7.1 NONDISCRIMINATION Under this Agreement, neither party will discriminate against employees on the basis of race, sex, age, marital status, color, creed or religion, national origin, political affiliation, veteran status, sexual orientation, or any real or perceived sensory, mental or physical disability, or because of participation in or lack of participation in union activities. Bona fide occupational qualifications based on the above traits do not violate this Section. 3 Sexual harassment will be considered discrimination under this Article. i Disputes involving this Article may be processed through an appropriate agency and/or the grievance procedure; however, use of the grievance procedure is encouraged prior to the initiation of any other official action involving such a dispute when the action is originated by the Union or members thereof. Whenever words denoting gender are used in this Agreement, they are intended to apply equally to either gender. 7.2 JOB POSTING All job vacancies (or newly created positions) under this Agreement shall be posted within each division for ten (10) days for bidding purposes. Employees who are promoted or transferred shall j be given a reasonable trial period of up to three (3) months, subject to review under the grievance procedure. If unsuccessful in the new position, the employee shall be returned to their previous position. i 7.3 PROMOTIONS Promotions, Transfers and Demotions defined -As used in this Article the following terms mean: I A) Promotion is a change of an employee from a job classification to a different job classification which is compensated at a higher salary range within their division. B) Transfer is a change of an employee from a job classification to a different job classification which is compensated at the same salary range within their division. C) Demotion is a change of an employee from a job classification to a different job classification which is compensated at a lower salary range within their division. Employees who promote, transfer or voluntarily demote to another job classification within their Division shall serve a three(3) month trial service period in their new position. Employees may elect to revert to their previous job classification and position within thirty (30) calendar days of the effective date of the promotion, transfer or voluntary demotion. After this time, if an employee fails to successfully complete the trial service period in the new job classification, the employee may be returned to their previous position if it has not been either abolished or filled. If the n>_i 2021-2023 Probation Teamster's Collective Bargaining Agreement Page 14 position was abolished or filled (i.e. an offer of employment has not been extended), such employee will be laid off and eligible for recall in accordance with Article 8, except that the employee may not bump another employee. Employees on trial service shall be paid the appropriate established salary for that position; and, if reverted, will return to their previous salary (including any adjustments due; e.g. salary increase, step increase, etc.). Employees who promote, transfer or voluntarily demote to a job classification outside of a Division shall serve a three (3) month trial service period in their new position. If they fail to obtain regular status in the new position,the employee may not return to their previous position, unless the employee chooses to revert back within thirty(30)calendar days. In that case, the employee will be returned to the same or similar classification, and pay as held prior to promotion or transfer (including any adjustment due, e.g., salary increases, step increases, etc.). When an employee is promoted, they will be placed on the step and range on the salary plan that gives them at least a five percent(5%)wage increase. Step increases from that date will depend on i where the employee is placed. When an employee is transferred, they shall retain their step placement and their step date. i When an employee voluntarily accepts a lower classification within the bargaining unit he/she shall be placed on the same step in the new range(Example: 11 E to 9E). 7.4 PERSONNEL FILE/POLICIES Unless otherwise provided by the terms of this Agreement, the Employer Administrative and Personnel Policies shall apply to members of this bargaining unit. Employees shall also refer to Employer policies to resolve matters not covered by this Agreement or for clarification of matters covered by this Agreement. However, where there is a conflict between Employer policies and any provisions of this Agreement, the provision(s) of this Agreement shall govern. The official personnel file for each employee shall be clearly identified as such and the Human Resources Department shall be the custodian of such files. The files shall be locked,and access shall be limited to the employee's Employer or anyone designated by the Employer to act on their behalf, and staff in the Human Resources Department. An employee may examine his/her own personnel file by making an appointment with Human Resources. Representatives of the employee may be granted access with the written authorization of the employee, except as authorized by law. 1 Conditions of hiring, termination change in status, shift, evaluations, commendations and i disciplinary actions shall be in writing with a copy to the Employee prior to placement in their 1 personnel file. The Employer's failure to abide by this Article pertaining to personnel file access shall not affect the Employer's ability to proceed with the merits of discipline or discharge but may be a separate Union grievance matter and any grievance time-lines will be correspondingly extended. Employees shall have the right to provide a written response to any written evaluations or disciplinary actions to be included in the personnel file. Upon approval of the Human Resources Department, employees may add additional documents to their personnel file including, but not limited to, certifications, degrees, and commendations. Medical files shall be kept separate and confidential in accordance with state and federal law. 6___. 2021-2023 Probation Teamster's Collective Bargaining Agreement 's Page 15 7.5 EVALUATIONS The purpose of evaluation is to help an employee be successful in performance and to understand the standards and goals of their position and their Division. The evaluation will assess and focus on the employee's accomplishment of their job functions and the goals and standards of the position. Where the employee does not meet the above, a plan for correction, training or support should be developed with the employee. Evaluation may occur in two forms: 7.5.1 All regular employees should be formally evaluated in writing by their immediate supervisor and/or Division head or designee during the probationary or trial service period and at least annually(at date of hire or a common date), thereafter. 7.5.2 Additionally, evaluation of job performance may occur at any time and on an ongoing basis. Evaluation may occur in various ways and may include coaching, counseling or written assessment. The evaluation process shall also include a review of the current job description. Evaluation shall not, by itself, constitute disciplinary action —disciplinary action must be specifically identified as such, in writing, consistent with Article 7.6. 1 Employees will be given a co of the evaluation. Employees will be required to sign the evaluation g� copyq 9 acknowledging its receipt. Evaluations are not grievable; however, employees may elect to provide a written response to the evaluation, which will be retained with the evaluation in the employee's personnel file. 7.6 DISCIPLINE/CORRECTIVE ACTION The Employer agrees to act in good faith in the discipline, dismissal or demotion of any regular employee and any such discipline, dismissal or demotion shall be made only for just cause. No employee shall be discharged except for just cause. The parties recognize that just cause requires progressive discipline. Progressive discipline may include: • oral warnings, which will be documented; • written warnings — which may also include work performance improvement or corrective action plan for poor work performance or misconduct, • suspension without pay; • demotion; or • discharge. The intent of progressive discipline is to assist the employee with performance improvement or to correct misconduct. Progressive discipline shall not apply where the offense requires more serious discipline in the first instance. Both the sequencing and the steps of progressive discipline are determined on a case-by-case basis, given the nature of the problem. All disciplinary actions shall be clearly identified as such in writing. The employee will be requested to sign the disciplinary action. The employee's signature thereon shall not be construed as admission of guilt or concurrence with the discipline, Employees shall have the right to review and comment on disciplinary actions in their personnel file. t r I S'iN!Ai�1 ix. 2021-2023 Probation Teamster's Collective Bargaining Agreement Page 16 A copy of all disciplinary notices shall be provided to the employee before such material is placed in their personnel file. Employees disciplined or discharged shall be entitled to utilize the grievance procedure. If, as a result of the grievance procedure utilization,just cause is not shown, personnel records shall be cleared of reference to the incident, which gave rise to the grievance. The Employer will notify the Union in writing within three (3) working days after any notice of discharge. The failure to provide such notice shall not affect such discharge but will extend the period within which the affected employee may file a grievance. The Employer recognizes the right of an employee who reasonably believes that an investigatory interview with a supervisor may result in discipline to request the presence of a Union representative at such an interview. Upon request, they shall be afforded a Union representative. The Employer will delay the interview for a reasonable period of time in order to allow a Union representative an opportunity to attend. If a Union representative is not available or delay is not reasonable, the employee may request the presence of a bargaining unit witness. (Weingarten rights) i Employees shall also have a right to a notice and a determination meeting prior to any disciplinary action (except oral warning), The Employer must provide a notice and statement in writing to the employee identifying the performance violations or misconduct alleged, a finding of fact and the reasons for the proposed action. The employee shall be given an opportunity to respond to the charges in a meeting with the Employer, and shall have the right to Union representation during that meeting, upon request. (Loudermill rights) The Employer shall endeavor to correct employee errors or misjudgments in private, with appropriate Union representation if requested by the employee. Discipline shall be subject to the grievance procedure in this Agreement as to whether or not such action as to any post-probationary employee was for just cause. Just cause shall be established if the following has been shown by the Employer: 7.6.1 Notice: That the Employer did forewarn employee of possible consequences of conduct. 7.6.2 Reasonable Rule or Order: That the Employer policy, rule, or order involved { reasonably related to the orderly, efficient, or safe operation of the Employer; 1 3 7.6.3 Investigation: That before administering discipline, the Employer did make an effort a to discover whether employee did, in fact, violate or disobey an Employer policy or rule; 7.6.4 Fair Investigation: That the Employer conducted its investigation objectively; 7.6.5 Proof: That, in the investigation, the Employer did obtain evidence or proof that the employee violated such Employer policy or rule; 7.6.6 Equal Treatment: That the Employer applied its rules, orders, and penalties evenhandedly and without discrimination under the circumstances; and 7.6.7 Penalty: That the degree of discipline was reasonably related to the seriousness of the offense and/or the employee's record. 2021-2023 Probation Teamster's Collective Bargaining Agreement Page 17 ARTICLE 8—SENIORITY 8.1 DEFINITIONS Division: Refers to Juvenile Probation Services and Adult Probation Services. Job Classification: Job Classifications are identified in Appendix A Division Seniority: The service time spent in each individual Division (Juvenile Probation, or Adult Probation)within the bargaining unit. Employer/County Seniority: the total unbroken service with Mason County. An employee's County seniority shall be established as the initial date of hire upon completion of the original six (6) month probationary period. Bargaining Unit Seniority: the total length of continuous calendar-based service with the Employer and in the bargaining unit. i Seniority shall be established upon appointment to a regular full-time or part-time, budgeted position i within the bargaining unit. No seniority shall be established while an employee is employed in Seasonal or Extra-Help position. Time in service in a Temporary position shall count for leave accrual or step movement purposes only. A Temporary employee or a Regular employee in a Temporary position who is hired without a break in service directly into a Regular position in the same classification shall be credited for Division Seniority from the original date of hire into that classification. The appointment date shall be adjusted for leaves of absence without pay, except when such leaves are the result of federal or state legally protected leaves. Other Definitions: 8.1.1 Application of Seniority How an employee's years of continuous service are utilized to determine their respective rights in regard to postings, promotions, reassignment, transfer, layoff, or recall. 8.1.2 Continuous Service Means uninterrupted employment with the Employer subject to the following provisions: 1. Continuous calendar-based service shall include uninterrupted employment. 2. Continuous service is terminated by resignation,termination, retirement, layoff or failure to respond to two offers of recall to former or comparable employment. 8.1.3 Layoff A layoff is identified as the anticipated and on-going or prolonged reduction in the number of full-time equivalent (FTE) positions or in the number of partial FTEs within the Employer or within a job classification covered by this Agreement. A reduction in force in a classification may occur for reasons of lack of funds, lack of work, efficiency or reorganization. Reductions in force are identified by classification within the affected Office or Division. 8.1.4 Affected Group/Employees An Affected Group would be any job classification that is subject to a layoff. An Affected Employee would be the least senior employee(s)within an affected job classification which are subject to lay-off or reduction in force and have certain rights as a result. ) 0 1 PG'It DQ A I 2021-2023 Probation Teamster's Collective Bargaining Agreement `ty-" Page 18 8.1.5 Layoff Alternatives A number of alternatives exist for affected employees including: 1. Assume a vacant position - per Article 8.13.1 2. Bump - displacing a less senior employee 3. Recall - accepting unemployment and the option of future recall 8.1.6 Bumping The displacement of a less senior regular employee by another regular employee with more seniority as defined by this Article. 8.2 APPLICATION OF SENIORITY In the event of reassignment, transfer, layoff, or recall, seniority shall be the determining factor where employees are equally qualified to do the job. Seniority shall be applied in the following manner: , For purpose of promotions and/or layoffs from within a Division, seniority shall mean that time spent in each individual Division within the bargaining unit. For all other purposes, seniority means total unbroken services with Mason County. An employee's 1 County seniority shall be established as the initial date of hire upon completion of the original six (6) month probationary period i 8.2.1 Postings/ promotions ! In regard to job postings, promotion and reassignment, "qualifications"and/or"ability"will be the primary consideration, with such posting or promotion being consistent with Article 7 and this Article. Qualifications will include the minimum qualifications of education, training and experience as set forth in the job description, as well as the job performance, ability, employment record and contribution to the needs of the Division. 8.2.2 Layoffs ' Total Division Seniority shall determine who is to be laid off within the selected classification (affected group) and within the Division. The least senior regular employee(s) within the { classification shall be the affected employee(s). In the event of two employees having the same J Division Seniority, bargaining unit seniority shall be determinative. In the event of two { employees having the same bargaining unit seniority, Employer seniority shall be ' determinative. j I 8.2.3 Bumping As to bumping, the employee's "competence" and the ability to adequately perform the unique functions of the job assignment will be the primary consideration, applied in accordance with seniority. Competence/Ability to adequately perform will be defined as the immediate, clear and full performance on the job, with a minimal period of orientation and no material reduction in the efficiency of the operation or services, as determined by the Employer. 8.2.4 Recall Seniority shall be determinative in the identification of which employee is to be recalled, when there are more than one who is qualified and/or have previously performed a position. In the event that an employee is being recalled to a new position, the employee's qualification and the ability to adequately perform the unique functions of the job assignment 2021-2023 Probation Teamster's Collective Bargaining Agrmnenl Page 19 will be the primary consideration,applied in accordance with seniority, consistent with Article 8.2.3. 8.3 PROBATIONARY PERIOD A probationary employee does not have the right to grieve dismissal. Upon successful completion of the probationary period, the Employer seniority of the Regular employee shall be established as the initial date of hire, including the service during the probationary period. Division seniority shall then be based on continuous service with the Division. The principle of seniority shall be used in layoff for lack of work and recall upon resumption of work. Laid off employees will retain seniority rights for eighteen (18) months from date of layoff. 8.4 LOSS OF SENIORITY Seniority shall terminate by discharge from service, or by voluntarily leaving County service; provided that employees on layoff status retain the seniority they had at time of lay-off for eighteen(18)months from date of layoff, who are recalled within eighteen (18) months of the date they were laid off shall have their original seniority date adjusted by the period of time in layoff status. An employee, therefore, will lose seniority rights by and/or upon: I i ❖ Resignation. Discharge. Retirement. ❖ Layoff/ Recall list of more than eighteen (18)consecutive months. ❖ Failure to respond to two offers of recall to former or comparable employment. j Employees who are re-employed following the loss of their seniority (this does not apply to those returning from layoff), shall be deemed a newly hired employee for all purposes under this Agreement. 4 Y� Employees rehired by the Employer (this does not apply to those returning from layoff) will be considered as new employees under this Agreement. 8.5 LAYOFFS A layoff is an involuntary reduction in force by termination of employment or a temporary or permanent involuntary reduction of hours below an employee's normal workweek or work month. The Employer may reduce the work force because of lack of work or lack of funds. For purposes of this article, layoff is further identified as any reduction in hours which results in a regular position being less than their budgeted FTE. I Total Division Seniority shall determine who is to be laid off within the selected classification. Z Bumping rights are determined by Division seniority, consistent with Article 8.2. Layoff process: A. The Employer may reduce the work force because of lack of work, lack of funds, or workflow reorganization. B. If a reduction in the work force becomes necessary, the Employer will first consider reduction through normal attrition, (i.e., by not filling normally occurring vacancies.) C. ._ TJ 7 41 f ff11 2021-2023 Probation Teamster's Collective Bargaining Agreement Page 20 C. If normal attrition is not feasible, then the Employer shall determine which positions(s)will be eliminated. The least senior employee(s) in the affected job classifications) shall be laid off. Before laying off any regular employee, all temporary and probationary employees within the same Division shall be laid off first, provided there is a regular employee qualified to do the work of the position. 8.6 NOTICE Employees scheduled for layoff shall be given at least fourteen (14) calendar days' written notice of the lay off. 8.7 MEETING WITH UNION The Union shall also be notified in writing of any reduction in hours proposed by the Employer, including the purpose, scope, and duration of the proposed reduction. i Upon the Union's request, the Employer and the Union shall meet promptly during the notice period identified in Article 8.6 to discuss the reasons and the time-lines for the layoff and to review any suggestions concerning possible alternatives to layoff. Union concerns shall be considered by the Employer prior to implementation of any reduction in hours. This procedure shall not preclude the Employer from providing notice to employees or requesting volunteers to take leaves of absence without pay, provided the Employer notifies the Union of the proposed request. 8.8 AFFECTED GROUP The following procedure shall apply to any layoff: 8.8.1 Affected employees The Employer shall first determine byjob classification the number of employees or FTEs to be affected by the layoff. The employee(s) holding such FTEs, which are subject to layoff, shall be the "affected employee(s)." The least senior employee, by Division seniority, within the affected job classification shall be selected for layoff, consistent with Article 8.2.2. The exception would be only when the Employer determines that the position requires unique qualifications and abilities necessary to perform the specialized and required functions of that position, which would then become an overriding factor. In cases where Division seniority within a job classification is equal, bargaining unit seniority will be the determining factor. In the event this is also equal, Classification seniority will control. In the event this is also equal, Employer seniority will control. If all of the seniorities are equal, then Management shall make the final decision based on performance and job skills. 8.8.2 Volunteers Simultaneous with implementing the provisions of the layoff procedure, the Employer may first seek, by a five (5) working day posting process, volunteers for layoff or voluntary resignation from among those employees who work within the same job classification as the affected employees. If there are more volunteers than affected employees, volunteers will be chosen by bargaining unit seniority. Employees who volunteer for layoff may opt for recall rights as described in this article at the time of layoff. If there are no or insufficient volunteers within the affected job classification, the remaining affected employees who have received 2021-2023 Probation Teamster's Collective Bargaining Agreement f~"' Page 21 notice must choose promptly(within five(5)full working days of receipt of the Notice)among the layoff options set forth in Article 8.13. 8.8.3 Probationary Employees If the number of volunteers is not sufficient to meet the announced number of necessary layoffs, and if the affected employee is an initial probationary employee, then that employee shall be laid off and are ineligible to select among layoff options. 8.9 VACANT POSITIONS Positions will be filled in accordance with Article 8.2, and other sections of this Article. Within the bargaining unit and the Division, affected employees, and employees on the recall list, shall be given first opportunity for vacant bargaining unit positions for which they are qualified prior to outside hiring by the Employer, consistent with Article 8.13.1. Within other Divisions, affected employees will be given consideration for vacant positions for which they are qualified. All job vacancies (or newly created positions) under this Agreement shall be posted for ten (10) calendar days for bidding seniority purposes, and may be awarded to the senior qualified bidder.. 8.10 SENIORITY LIST { The Employer shall update the seniority list and provide it to the Union annually or upon request, consistent with Article 3.3. If a layoff is announced, a current ranked seniority list including job ], classifications, names,job locations, and FTE or hours per week shall be provided to the Union and posted in the affected Division. 8.11 ORDER OF LAYOFF The least senior employee (by Division Seniority)within the affected job classification and affected Division shall be selected for layoff. No regular employee shall be laid off while another employee in the same classification within the Division is employed on a probationary, extra help or temporary 1 basis, unless specialized skills are required to fill the position that are not possessed by the regular staff member. This provision shall apply only to the classification where the initial layoff occurs and not to the classification into which laid off employees have bumped. 8.12 COMPARABLE EMPLOYMENT For purposes of this Article, "comparable employment," "comparable position" or vacancy shall be defined to include a position which has the same salary pay range and, additionally, the educational and experience qualifications, FTE and work-week are substantially similar. 8.13 LAYOFF OPTIONS Affected employees who have completed their probationary period shall have the following options: 8.13.1 Assume a Vacant Position On a bargaining unit seniority basis, to assume a vacant position in the same Division and bargaining unit, for which they are qualified. On a bargaining unit seniority basis, the employee shall also be considered for available job openings within the Employer for which the employee is qualified. When a regular full-time or part-time employee is being laid off the Employer may offer a temporary position if one is available and the employee has the ability to perform the work. Laid off employees who accept these assignments will be provided the benefits and provisions of the temporary assignment. Employee(s) accepting these assignments will be subject to recall. 2021-2023 Probation"Teamster's Collective Bargaining Agreement Page 22 8.13.2 Bump Employees scheduled for layoff may bump into another employee's position in lieu of being laid off, if all of the following conditions are met: 1. They have more Division seniority than the employee they will bump; 2. The job classification they are bumping to is paid on a salary range that is equal to, or less than, the salary range of their job classification; and 3. They previously held status in that job classification or they are determined by the Employer to be qualified to immediately perform the primary functions of the job within thirty(30)calendar days; and 4. They provide at least five(5)working days' notice from the date of the layoff , notice of their intent to exercise their bumping right to the Employer. Under no circumstances shall an employee's exercise of his/her bumping right result in a greater benefit to the employee than previously held (e.g. a promotion or increase to full-time if previously part-time).The employee bumping into another position shall be given an orientation period to familiarize the employee with the practices and/or policies related to the l job. The employee who may be displaced by the more senior employee who is bumping shall ! be provided at least fourteen (14) calendar days' written notice of layoff. If this employee is ' eligible to bump another employee pursuant to the conditions in Subsection 8.13.2, above, then that third employee identified for layoff shall be laid off. Laid off employees, including bumped employees, shall be allowed to bump less senior employees (by bargaining unit seniority) only within their Division (i.e. Adult Probation or Juvenile Probation), in lower classifications, or in classifications which the employees previously held and are still competent to perform the work of the classification. 1 Regular Employees faced with a reduction of hours shall have the option of remaining in the j reduced position (if above the 20-hour threshold) or bumping to a lower classification, if competent as defined in Article 8.2.3. Competent shall mean having demonstrated skills i and required experience to perform the job; and in case of disputes, the final decision shall be made by the Employer. An employee who has bumped shall move to the highest step of the new range that does j not exceed their current salary. If there is no employee in the next lower classification who is less senior than the person scheduled for layoff, that person may look progressively to the next lower classification for such bumping rights. The employee who is bumped by the affected employee shall have the same rights under this Article. 8.13.3 Recall If the affected employee elects not to take a vacant position, elects not to bump or cannot immediately and adequately perform the functions of the job assignment in assuming a vacant or bumped position, then that employee will be placed on the recall list and will be eligible for recall under Article 8.15. 2021-2023 Probation Teamster's Collective Bargaining Agivement Page 23 Nothing contained in this layoff section shall be construed to require the Employer to modify its position, and classification structure, in order to accommodate bumping or other re-employment rights. Salary placement rules shall apply to recall to regular positions and to employees who have bumped. Employees bumping to another position shall retain their old anniversary date for purposes of step increases. Persons recalled to the same salary range shall be placed in their former step and time in step. The salary for non-regular positions not represented by the bargaining unit shall be determined by the Employer. 8.14 REDUCTION HOURS/FTE An employee subject to an involuntary reduction in their FTE may elect to accept the reduction, may bump and/or may elect to be placed on recall in accordance with Article 8.13. If the reduction results in hours less than their budgeted FTE, it will be considered a layoff and the employee shall have the right to bump or recall list. 8.15 RECALL Any Regular employee who is laid off shall have his/her name placed on a recall list within each respective Division for the classification he/she was laid off from, for any lower classification in the same series, and for any other classification in which the employee has held permanent status. The employee's name shall remain on the recall list(s) for a period of eighteen (18) months from date of layoff. Persons shall be recalled in inverse order of layoff to the classification held at the time of layoff. Employees who were laid off shall be considered for other positions in their Division and/or within the bargaining unit in accordance with Article 8.13. It shall be the responsibility of each person on a recall list to keep the Employer informed of his/her current address and telephone number.The layoff letter to the employee shall advise him/her of their recall rights and of the name and address of the person in County government to whom the employee must send notice of their current address or any subsequent changes. The Employer shall have the right to remove the name of any person on the recall list if there is no response within fourteen (14) calendar days after the Employer has mailed a certified letter(return receipt request)to the person's last known address. If an employee on recall accepts an opportunity to return to work in a lower classification than the one laid off from, the employee's name may remain on the recall list for their previous higher classification { for the balance of the eighteen(18)months,and shall be given an opportunity to accept such a position if it should become available. If an employee is recalled to return to the same classification from which he/she was laid off, and refuses the offer to return, his/her name shall be removed from the recall list a s and further return rights shall be forfeited. Employees recalled to their former classification within eighteen (18) months of being laid off shall be placed at the same salary range and step, and time in step, in effect at the time of layoff. In addition, employees recalled to County service within eighteen (18) months to the same or another job classification, Office or Division shall have the sick leave balance as of the date of layoff restored (unless the employee received a sick leave cash out at the time of layoff); shall accrue annual leave at the same accrual rate in effect as of the date of layoff; and the number of years of continuous County service at the time of layoff shall be credited towards eligibility for the longevity benefit. Employees recalled into regular part-time positions shall be subject to pro-rated benefits as described in other articles of this Agreement. As long as any employee remains on the recall list, the Employer shall not newly employ by hiring persons into the affected bargaining unit class ification(s), within their Division, until all qualified employees holding recall rights to that affected classification have been offered recall. 2021-2023 Probation Teamster's Collective Bargaining Agreement Page 24 ��tF�� A copy of the recall list shall be provided to the Union, upon request. There shall be no probationary requirement for persons returning to their former position if the initial probationary period has been completed. Employees shall not lose seniority original as a result of layoff for a period of up to eighteen (18) months, per Article 8.4.4; provided, however, that no benefits nor seniority shall be accrued during the period of layoff. It is understood that a person who has bumped to another position or has been laid off and recalled under this Agreement, must meet the education, experience and/or training requirements(including completion of State mandated Academy, Guardian ad Litem, and Community Juvenile Accountability Act requirements, if appropriate), as well as licenses and/or certificates and polygraph I requirements, in order to exercise their seniority rights. Laid off employees will retain their seniority j rights for eighteen (18) months from the date of layoff. Seniority shall be lost if the employee does not return to work when offered their previous position_ 8.16 VACATION&LEAVE CASH OUTS/PAY Any regular employee who is laid off or terminated shall be cashed out for any unused vacation benefits or comp time with their final paycheck, to the extent of established maximums (per other Articles of this Agreement). Sick leave balances at the date of layoff shall be restored upon recall with the Employer if the person is recalled into a regular position from the recall list and the employee did not receive a sick leave cash-out per Article 13.1. No sick leave shall accrue during the period of layoff. If a person on the recall list is employed in a temporary position, only sick leave accrued during temporary employment may be used during temporary employment. Sick leave accrued during temporary employment may be added to any existing sick leave balance if the person is hired into a regular position from the recall list. 8.17 UNEMPLOYMENT CLAIMS If laid off employees apply for unemployment compensation benefits, the Employer will not contest the claim and will confirm that the employee was laid off. i 9 ARTICLE 9—WAGES i 9.1 WAGE SCHEDULE. Effective January 1, 2021 through December 31, 2023, each employee shall have his/her base wage as set forth in Appendix A and an across the board increase (as below in this section): INCREASE 1/1/2021 .75% 1/1/2022 .75% 1/1/2023 1.0% Should it become necessary to establish a new job classification within the bargaining unit during the life of this Agreement, the Employer may designate a job classification title and salary for the classification. The salary for any new classification within the bargaining unit shall be subject to negotiations, consistent with Article 2.2. N 2021-2023 Probation Teamster's Collective Bargaining Agreement .t � ';�?y�� J Page 25 Each move within a range is determined by the employee's anniversary date. The anniversary date is the day the employee started work within a range. Upon promotion of an employee placing him/her in a higher range, the date of the promotion becomes the anniversary date that determines future step increases within that range. The employee's actual date of hire with Mason County will always remain the same(regardless of promotion)for purposes of vacation leave, sick leave, and retirement. The Employer shall make available information monthly, which shall reflect all items covered by gross pay such as; sick leave, vacation time, straight time and overtime. 9.2 HIRE-IN RATES New regular employees shall normally be placed at Step 1 of the appropriate salary range or placed consistent with current personnel rules. ARTICLE 10—OTHER COMPENSATION 10.1 CALL-BACK PAY All employees will respond to emergency call-outs unless extenuating circumstances such as illness or other incapacitation prevent the employee from responding. Pursuant to provisions of RCW 38.52 concerning Emergency Management, and Mason County Code 2.19.050, the County may utilize personnel of any County Department or agency in a declared disaster. Full-time employees who are called back to work after leaving the job site (and not adjacent to the next regularly scheduled shift), shall receive a minimum of two (2) hours' pay at the overtime rate. When an employee is called out between shifts, the time worked between shifts shall be paid at the rate of one and one-half (1'/2) times the regular rate. After working the call out shift, the { employee may have the option of working the next regularly scheduled shift, provided the supervisor and the employee feel the employee can carry out the duties of the position safely. When the employee does continue working, the time worked on the next regularly scheduled shift shall be compensated at the normal straight time rate. i i During periods of emergency, changes of shift can be made with eight (8) hours' notice, provided the employee has eight(8) hours off between the two (2)shifts. This provision shall apply to employees who are required to attend Employer scheduled meetings on their regularly scheduled day(s) off. Part time employees who are called back to work after leaving the job site shall receive a minimum of two (2) hours' pay at the appropriate rate of pay. 10.2 WORK IN A HIGHER CLASSIFICATION No employee shall be reduced in salary or benefits because of being assigned by the Employer to perform the work of a lower classification, except in the situation of lay off. A supervisor may assign an employee to perform the primary duties of a higher classification, when those duties are not part of the employee's current job classification, for the purpose of: A. Providing work coverage during an authorized vacation period; B. Providing work coverage during an authorized sick leave; C. Providing work coverage for an authorized leave of absence; or D. Providing work coverage for a currently vacant position. i'a u. li$ t<t.u�AlVl'� 2021-2023 Probation Teamster's Collective Bargaining Agreement == y Page 26 If the employee is scheduled to work in the higher job classification for a minimum of three (3) consecutive workdays, the employee shall be paid on the step of the salary range for the higher classification that provides at least a five percent(5%) increase. 10.3 MILEAGE REIMBURSEMENT All bargaining unit employees who are required to use their own vehicles for Employer business shall be reimbursed at the mileage rate set by the current policy for all miles driven on such business. 10.4 LONGEVITY The County shall provide additional monthly compensation above each eligible, regular full-time employee's base salary to recognize continuous length of service as a County employee. Eligible, regular part-time employees shall receive a pro-rated longevity benefit in proportion to the number of hours the part-time employee is in pay status during the month as compared to that required for full- time employment. The longevity benefit will be implemented in accordance with the following schedule: Beginningin_11t'' and continuing thru 15t' ears 1.5% above base Beginning in 16tt and continuing thru 2011 years 3.0% above base i Beginning in 21st and continuing thru 25tt'years 4.5% above base Beginning in 261t' year and continuing thereafter 6.0% above base ARTICLE 11 - HOLIDAYS 11.1 HOLIDAYS The following annual paid holidays are recognized for all benefitted employees and will be paid regardless of which day of the week they occur. New Year's Day Veterans' Da Armistice Da Martin Luther King_Day Thanks iving Da President's Day Day After Thanksgivingj Memorial Day Christmas Eve Juneteenth Effective 6/19/22 Christmas Da July Fourth _ Two 2 F1 ating Holidays 1 Labor Da 3 Employees must receive written approval at least one week in advance of the date(s) in which they i desire to utilize their floating holiday. All requests to use a floating holiday must be made no later than the last working day of November. Floating holiday(s) used by the end of the calendar year will be forfeited, unless denied on the basis of the staffing needs of the Office or Division. Except by mutual agreement, floating holidays shall be used in whale day increments. Christmas Eve may be taken off based on the operational needs of the County and the Courts, and if this cannot be accommodated, the employee will schedule an alternate day with their supervisor's approval. 11.2 RELIGIOUS HOLIDAYS Employees may also take other religious holidays off with their supervisor's approval,with or without pay, through utilization of vacation or comp time or by making alternative work schedule arrangements. Such requests shall not be unreasonably denied. 11.3 HOLIDAY OBSERVANCE When a recognized holiday falls on a Saturday, the proceeding Friday shall be considered the holiday. When a recognized holiday falls on a Sunday, the following Monday shall be considered the holiday. ,j I 1..i,'� 2021-2023 Probation Teamster's Collective Raigaining Agn=nenl -j �1i1 � Y1 hl'Qf t Page 27 For those employees on a four-ten (4-10)work schedule, or other alternate schedule, when one of the listed holidays falls on one of the employee's regularly scheduled days off, the holiday shall be observed on a day mutually agreeable to the employee and the Employer within the same workweek. 11.4 HOLIDAY ON DAY OFF Benefitted employees shall receive eight(8) hours' holiday benefit pay and time-off for each holiday listed in Article 11.1 — Holidays. 11.5 HOLIDAY COMPENSATION Benefitted employees shall be paid no more than eight(8) hours of holiday benefit pay for that day regardless of their work individual schedule. Part-time employees will receive a paid holiday in j proportion to the number of hours they ordinarily would be scheduled to work (not to exceed eight (8)hours)on that day. i Should any work be performed by an employee on a holiday at the approval and/or direction of their supervisor they shall be paid for time worked and overtime may result if, consistent with Article 6.4, it results in over forty(40)hours worked for the workweek. No employee shall be called on a holiday for less than four(4) hours, except those personnel serving Standby Duty. I Employees working approximately 50% of their shift on a Holiday will be paid for one day as if the entire shift was worked on a Holiday. Employees not working approximately 50% of their shift on a Holiday are paid a premium rate for the actual time worked on the Holiday (unless already paid Holiday pay for that particular day) and at their regular rate for the time worked that is not on the Holiday. ARTICLE 12—VACATION 12.1 VACATION ACCRUAL Regular and Temporary full-time employees shall accrue paid vacation leave, after six (6) months' employment, shall be entitled to and receive vacations with pay as follows: 1st throw h 31d year of employment 96 hours 4th through 7th year of employment 120 hours 81h through 91t' year of employment 144 hours 10th through 111t' year of employment 160 hours 12th through 14th year of employment 176 hours 151h through 161h year of employment 184 hours { 171h through 1911 year of employment 192 hours 20 or more years of employment 200 hours Regular and Temporary part-time employees shall accrue vacation leave on a pro-rated basis in proportion to the number of hours the part-time employee is in pay status during the month as compared to that required for full-time employment, plus they must also meet the qualification for PERS participation to have vacation leave accrual apply. The first day of the month of hire shall be the effective date of subsequent increases in the vacation leave accrual rate for employees hired between the first and the fifteenth of the month. The first day of the month following the month of hire shall be the effective date of subsequent increases in the vacation leave accrual for employees hired between the sixteenth and the last day of the month. 2021-2023 Probation Teamster's Collective Bargaining Agreement ; = Page 28 With the exception of promoted employees, vacation leave accrued within the first six(6) months of employment cannot be utilized by an employee until they have successfully completed their initial appointment probationary requirements. An employee whose employment with Mason County terminates within the six(6)month probationary period shall not be paid for any vacation leave accrued during the probationary period. For Regular and Temporary full-time or Regular and Temporary part-time employees shall accumulate one-twelfth (1/12th) of their yearly accumulation total per month, to the maximum amount of vacation leave that may be accrued at any point in time is four hundred (400) hours. No vacation leave accrued will be added to an employee's vacation leave benefit when the maximum accrual has been attained, except that the four hundred (400) hours maximum may be exceeded in any given month with prior written approval of the Elected Official or Department Head. Whereas the Union and the County recognizes the importance of employees utilizing earned vacation leave to promote and enhance their mental and physical well-being, employees should i attempt to use vacation leave during the year in which it is earned. { 12.2 VACATION SCHEDULING Upon completion of six (6) months' continuous service in a Regular and Temporary position, an 5 employee shall be eligible for paid vacation. An employee's request for vacation leave will be granted, provided that prior approval is given by the employer, and provided that leave requested does not prevent a Division, thereof, from providing efficient public service. Regular and Temporary full-time employees must work or be in a paid status at least eighty(80)hours in a month in order to accrue vacation leave for the month. Regular and Temporary part-time employees must work or be in a paid status at least in the same proportion to the eighty(80)hours as their regular hours are to full-time employment to accrue vacation leave for that month. If an approved holiday occurs within the approved vacation leave period, such day shall be charged as holiday leave rather than vacation leave. Employees shall have the option of using comp time or vacation leave for approved paid time off. If transfer occurs to another division, any scheduled vacation time would be honored. i It is understood that vacation requests are considered in view of the operational needs of the County and Courts, and must be agreed upon by the Administration and employee. Employees within their division will be allowed to pre-select their vacations, as follows: 1 a) One vacation seniority list will be posted for District Court Probation employees and one vacation seniority list for Juvenile Court Probation employees by January 11 of each year, and shall be for the vacation period starting February 15th of the current year through February 14th of the following year_ b) Employees, by seniority, will have the opportunity to pre-select their vacation(s) in Round-One from either: A) up to one, two-week period; or B) up to two, one-week periods. A second and any subsequent rounds, if needed, shall be allowed on the same basis after completion of the previous round_ These requests will be provided to the Administrator or his/her designee no later than February 15 of each year. c) After the selection process is closed, staff may request a change to the posted schedule only for their approved time; such employee, however, will not have the right to "bump" 1 ro K,frx�l 2021-2023 Probation Teamster's Collective Bargaining Agreement Page 29 another staff from their approved time. d) Requests outside the vacation selection period (January 1 — February 15) will be considered in view of the operational needs of the County and Court on a first-come, first-serve basis, and must be agreed upon by the Administration and employee. e) A request for vacation exceeding two consecutive weeks (10 working days) may be approved by the Administration for extenuating circumstances and with sufficient advance knowledge to ensure adequate staffing. f) Written approval of a vacation request is advised before an employee purchases tickets or pays for accommodations. j 12.3 VACATION PAY j Vacation leave days shall be the same as the regular workday schedule for the Division wherein the employee is employed. Vacation pay shall be the amount that the employee would have earned if the employee had worked their regular position during the vacation period. i If an authorized holiday occurs within an employee's vacation period, that day will be paid as a holiday and not deducted from the employee's vacation accruals. Employees cannot receive vacation, sick leave or holiday pay simultaneously for the same days. 12.4 VACATION UPON TERMINATION Upon separation of a Regular and Temporary full-time or Regular and Temporary part-time employee by resignation (with ten (10)working days'notice), retirement, layoff,dismissal ordeath,the employee or beneficiary thereof, shall be paid for unused vacation leave at the employee's rate of pay at the time of separation, provided that no employee may cash out more than four-hundred (400) hours of vacation leave. 3 Employees shall provide at least ten (10) working days written notice of their effective resignation date. The time limit of the resignation may be waived at the discretion of the Director. Pay in lieu I of unused vacation shall be forfeited if ten(10)working days written notice is not provided or waived. i When an employee's employment terminates or an employee moves from full-time to extra help employment, the employee shall be paid in full for all accrued vacation leave provided they have successfully passed their 6-month probation period leave. The cash-out of accrued leave or other accrued time off shall be paid and reported in accordance with the provisions of law regulated by the Washington State Department of Retirement Systems. ARTICLE 13 - SICK LEAVE I 13.1 SICK LEAVE ACCRUAL Per the Washington State Paid Sick Leave law, RCW 49.46, in accordance with WAC 296-130 and Initiative 1433, the County and the Union mutually agree to comply the with the laws. Sick leave shall be accumulated for all Regular and Temporary full-time employees, who have worked or been in a paid status at least eighty (80) hours at the rate of eight (8) hours per month for each month of employment. Regular and Temporary part-time employees shall accrue sick leave on a pro-rated basis in proportion to the number of hours the part-time employee is in a paid status during the month as compared to that required for full-time employment. Sick leave accrual may not exceed one thousand two hundred (1,200)hours. 2021-2023 Probation Teainstet's Collective Bargaining Agreement F ll!'� 1 �` ' Page 30 13.2 SICK LEAVE USAGE Usages of sick leave shall be consistent in accordance with the Washington State Paid Sick Leave law, RCW 49.46, WAC 296-130 and Initiative 1433, the County and the Council mutually agree to comply with the laws. 13.3 SHARED LEAVE The Human Resources Manager, or designee, may authorize employees, within this bargaining unit, to donate their accrued vacation or sick leave to another employee, within this bargaining unit, who is suffering from, or whose parent, spouse or child is suffering from an extraordinary or severe illness, injury, or physical or mental condition which has caused or is likely to cause the employee to take leave without pay or to terminate his/her employment. All donations of leave are strictly voluntary and are subject to all IRS regulations for the donor and recipient. The following conditions apply: 1. To be eligible to donate vacation leave, the employee who donates leave must have more than ten (10) days of accrued leave. In no event shall a leave transfer result in the donor { employee reducing his/her vacation leave balance to less than ten (10) days. To be eligible to donate sick leave, the employee who donates leave must have more than thirty(30)days of leave. In no event shall a leave transfer result in the donor employee reducing his/her sick leave balance to less than thirty(30)days. Transfer of leave will be in increments of one day of leave; 2. The employee receiving donated leave shall have exhausted all his/her accumulated leave time. Donated vacation leave shall be converted to sick leave for the recipient; 3. While an employee is using shared leave, he or she will continue to receive the same treatment,in respect to salary and benefits, as the employee would otherwise receive if using vacation or sick leave; 4. The transfer of leave and the amount of leave shall be authorized by the Board in advance. 5. No employee shall receive more than two hundred and sixty (260) days of donated leave during their employment with the County; Or may follow the Washington State Paid Family& Medical Leave law, RCW 50A.04. 13.4 COORDINATION-WORKER'S COMPENSATION In the event an employee shall be entitled to benefits or payments under any program of disability insurance furnished by the Employer, Worker's Compensation Act or similar legislation by the State of Washington or other governmental unit, the Employer shall pay to the employee only the difference between the benefits and payments received under such insurance or act by such employee and the regular rate of compensation that he/she would have received from the Employer if able to work. In such event, the number of hours deducted from the employee's total accrued sick leave shall be the hourly equivalent of the Employer's payment. The foregoing payment or contribution by the employer shall be limited to the period of time that such employee has accumulated sick leave credits as herein above specified. Time missed from work that is due to Worker's Compensation claims will be considered as time worked for employee's paid Health and Welfare and Vacation purposes up to one (1) year. a. For a period of absence from work due to injury or occupational disease resulting from County employment, the employee shall file an application for Worker's Compensation in accordance with State Law. C. 2021-2023 Probation Teamster's Collective Bargaining Agreement Page 31 b. If the employee has accumulated sick leave credit, the County shall pay the sick leave difference between his/her time loss compensation and his/her full regular salary unless the employee elects not to use his/her sick leave. c. Should an employee receive Worker's Compensation for time loss and he/she also receives sick leave compensation, his/her sick leave accrual prior to the time loss will be reduced by the total number of hours he/she was on sick leave minus the number of hours at full salary for which he/she is paid to the nearest hour. d. Until eligibility for Worker's Compensation is determined by the Department of Labor and Industries, the County may pay full sick leave accumulated, provided that the employee shall return any subsequent over-payment to the County. 1 e. Should an employee apply for time loss compensation and the claim is then or later l denied, sick leave and annual leave may be used for the absence in accordance with i other provisions of this rule. i f. Nothing herein pertains to a permanent disability award. g. If any employee has no sick leave accumulated, the words "annual leave" may be substituted for"sick leave" above. 13.5 FAMILY MEMBER Authorized uses of sick leave may be utilized as referenced above in this article for "immediate family"as defined in article 1.7. 13.6 SICK LEAVE CASH OUT Employees hired before January 1, 2011, shall receive payment for unused sick leave upon termination of employment with fifteen (15)years of continuous County service; or upon termination of employment with Mason County when the termination is contemporaneous with retirement under an appropriate Washington State Public Employees Retirement System; or upon the death of the employee, in which case payment shall be made to his/her estate. Employees hired on or after January 1, 2011, shall not be eligible (nor their estate) to receive any cash out of their accrued sick leave upon separation from County service. ARTICLE 14—LEAVES OF ABSENCE 14.1 IN GENERAL Leaves of absence requests shall not be unreasonably denied. All leaves are to be requested in writing as far in advance as possible. As appropriate for the type of leave requested, paid leave accruals will be utilized prior to unpaid leave, unless otherwise provided for in this Agreement. I Leave does not accrue nor may it be used until the first day of the following pay period in which it is I earned (no"negative" leave use during the period in which it is earned). 14.2 JURY DUTY/COURT An employee,who is required to serve on a jury or as a result of official Employer duties is required to appear before a court, legislative committee or quasi-judicial body as a witness in response to a subpoena or other directive, shall be allowed authorized leave with pay less any amount received for such duty. �3 2021-2023 Probation Teamster's Collective Baigaining Agreement' Page 32 14.3 MILITARY LEAVE All Regular and Temporary employees shall be allowed military leave as required by RCW 38.40.060 and as interpreted by the Court. This provides for twenty-one (21) working days of military leave per year(October 1 through September 30). 14.4 BEREAVEMENT Employees will be provided up to three (3)days of paid bereavement leave in the event of the death of an immediate family member. A day of bereavement leave shall be in accordance with the employee's regularly scheduled workday. Immediate family includes only persons related by blood or marriage or legal adoption. For purposes of this Bereavement Article, these individuals are: wife, husband, parent, grandparent, brother, sister, child or grandchild, grandmother-in-law, grandfather-in-law, mother-in-law, father-in-law, sister-in-law, brother-in-law, son-in-law, daughter-in- law, nieces, nephews, cousins, aunts, and uncles of the employee. Bereavement leave will not be deducted from the accrued sick/vacation time. Upon request, two(2)days of accrued sick leave shall be granted. Additional time off may be requested and charged to comp time, floating holiday or vacation leave, as approved by the Elected Official/Department Head. 14.5 MAINTENANCE OF SENIORITY i The Employer shall adjust the employee's anniversary date to reflect any period of unpaid { leave. Seniority shall continue to accrue and the employee's anniversary date shall not be adjusted for periods of legally protected leave, such as FMLA or military leave. 14.6 LEAVE WITHOUT PAY If a medical leave of absence without pay is granted, the employee shall have return rights to his/her previously held position. Return rights for any other leave of absence shall be limited to three (3) months. If the previously held position has been abolished during the leave of absence, then the employee shall have return rights to a similar position(a position in the same classification at the same salary level) if there is a vacancy. If there is no vacant similar position, the employee shall be placed on the recall list, pursuant to Article 8, Seniority, Layoff and Recall. An employee on leave of absence may be affected by a lay-off in the same manner as if the employee were working. Leave of absence without pay is not creditable towards seniority and seniority related benefits, except i as identified above in Article 14.5 for identified legally protected leave such as FMLA and Military. An employee who takes a leave of absence without pay shall have his/her date of hire for seniority purposes adjusted for the same duration of time as the period of leave without pay. Step increases are based on duration of employment and will be adjusted accordingly. General salary increases are not based upon duration of employment and will not be adjusted in this manner. The employee's seniority for purposes of vacation accrual, promotion and layoff would be adjusted in the same amount as the duration of the leave without pay. In the unlikely event an employee was granted a leave without pay during his/her probationary period, the probationary period would be extended for the l same duration as the leave without pay. As appropriate for the type of leave requested, paid leave accruals will be utilized prior to unpaid leave. 14.7 FAMILY LEAVE—FMLA The County and the Union mutually agree to comply with all State and Federal Family Leave Laws (FMLA, RCW 49.78). The Employer will grant leave consistent with the FMLA and the adopted conditions and provisions of the state and federal law and are not intended to expand upon the rights thus set forth. 2021-2023 Probation Teamster's Collective Bargaining Agreement Page 33 If an employee has any questions regarding the State and Federal Family leave laws, they may contact the County's Human Resource Department for guidance 14.8 MATERNITY LEAVE Consistent with WAC 162-30-020, the Employer will grant a leave of absence for a period of temporary disability because of pregnancy or childbirth. This may be in addition to the leave entitlements of FMLA. This leave provides female employees with the right to a leave of absence equivalent to the disability phase of pregnancy and childbirth. There is no eligibility requirement, however the Employer has no obligation to pay for health insurance benefits while on this leave (unless utilized concurrent with FMLA). 1 Leave for temporary disability due to pregnancy or childbirth will be medically verifiable. There is no limit to the length of the disability phase, except for the right for medical verification and the right of second opinion at the employer's expense. At the end of the disability leave, the employee is entitled to return to the same job or a similar job of at least the same pay as provided by law. Employees must use their accrued vacation and sick leave, if any, during the leave period and, at their election, any accrued comp time. Once this paid leave is exhausted, the employee's leave may be switched over to unpaid leave. 14.9 PAID FAMILY&MEDICAL LEAVE COMPLIANCE The County and Union mutually agree to comply with all Washington State Paid Family & Medical Leave laws, per RCW 50A.04. 14.10 WASHINGTON STATE LONGTERM CARE TRUST ACT COMPLIANCE The parties acknowledge that RCW 50B.04.080 requires premium deductions for the Long-Term Services and Supports Trust Program beginning January 1, 2022. Employees shall be assessed a premium based on the individual's wages at the current rate set in accordance with RCW i 50B.04.080. An employee may apply for a premium exemption in accordance with RCW 506.04,085. The parties agree that January 1, 2022, deductions will commence at the rate of fifty- eight hundredths of one percent (0.0058%) of the employee's wages in accordance with RCW 1 50B.04.080 and such, or similar language will be included in the ratified agreement. ARTICLE 15--HEALTH &WELFARE 15.1 HEALTH AND LIFE INSURANCE The County shall contribute as below, per employee per month toward the premiums for Health and I Welfare benefits for each employee, including their eligible dependents, compensated eighty (80) man-hours (excludes, vacation, sick and comp time payouts, upon separation) or more per month. For the Probation division, this contribution is to be applied to premiums for Public Employee's Benefits Board (PEBB), and current County dental, vision, and life insurance plans. The Employer shall continue to pay into the Washington Counties Insurance Fund for $24,000 (or equivalent basic life insurance program) in life insurance the monthly premium for each employee compensated for eighty (80) man-hours (excludes, vacation, sick and comp time payouts, upon separation) or more per month. 2021-2023 Probation Teamster's Collective Bargaining Agreement Page 34 The County contribution for Health & Welfare Insurance shall be: A. Effective January 1, 2021 the contribution shall be increased to one thousand and three hundred and sixty-two dollars ($1362)per month during the term of this Agreement for each eligible employee for medical, dental, vision, and life insurance coverage. B. Effective January 1, 2022 the contribution shall be increased to one thousand and four hundred and fourteen dollars ($1414) per month during the term of this Agreement for each eligible employee for medical, dental, vision, and life insurance coverage. C. Effective January 1, 2023 the contribution shall be increased to one thousand and four hundred and sixty-six dollars ($1466) per month during the term of this Agreement for I each eligible employee for medical, dental, vision, and life insurance coverage. If any other bargaining unit or group of employees receives contributions greater than the above f amounts the members of this bargaining unit will also receive those increased amounts on the same effective dates. In the event the County's maximum monthly contribution is insufficient to provide all of the total Health and Welfare premiums as referenced in Section 1 above, the priority order for full County ' payment shall be as follows: (1) Life Insurance; (2) Vision; (3) Dental; and (4) Medical. Any monthly premium contribution required above the County's maximum contribution shall be paid by a reduction of the necessary amount from the employee's salary. In the event the Employer is subject to carrier plan design change or a penalty,tax,fine or increased costs as a result of requirements or provisions of the ACA, not within the control of the Employer, the parties agree to meet and negotiate regarding the impacts of any such cost or plan design impacts and immediately bargain alternative provisions. Employee Assistance Program(EAP): The County shall provide an Employee Assistance Program (EAP) benefit for all bargaining unit employees The County shall provide for all employees, under this agreement, to receive all three shots in the hepatitis series and follow-up tests, along with an annual TB test. 15.2 RETIREMENT Pensions for employees and contributions to pension funds will be governed by the Washington State statutes in relation thereto in existence during the contract period. I ARTICLE 16 -TRAINING 16.1 TRAINING I Approval for attendance at training, the hours intended to be compensated and the reimbursement for travel and expenses shall be established by the supervisor prior to the training, consistent with the current policy. All employees will be paid at the appropriate rate for taking County sponsored training. 2021-2023 Pmbation'reamster's Collective Bargaining Agreement Page 35 Juvenile Probation Officers will be required to successfully complete the Juvenile Corrections Personnel Academy - Probation (JCPA-PRB) when scheduled by the management in order to maintain full-time employment. As required by WAC 139-10-210, Adult Probation Officers must successfully complete the Washington State Misdemeanant Probation Counselor's Academy (WSMPCA) within their probationary period. The probationary period may be extended for the purposes of successfully completing the required training. Employees will be given one opportunity to successfully complete the WSMPCA, except if there is good cause authorized the by the Elected Official/Division Head to be given additional opportunities to successfully complete the WSMPCA. The Employer will pay for costs associated with the WSMPCA for the first opportunity. In the event an employee does not successfully complete the WSMPCA on the first opportunity, and is authorized an additional opportunity for good cause by the Elected Official/Division Head, the employee will be responsible to pay to attend WSMPCA. In the event the training is not successfully passed on the first opportunity, employment shall be immediately terminated, except for good cause as authorized by the Elected Official/Division Head. 16.2 TRAINING REIMBURSEMENT ? Compensation associated with training or representation of the Employer on official business shall be consistent with the current policy and the Fair Labor Standards Act(FLSA). ; 1 The County will reimburse the costs of all physical examinations required to attend the Criminal Justice Training Commission as a condition of continuing employment. ARTICLE 17--LABOR/MANAGEMENT COMMITTEES 17.1 PURPOSE OF COMMITTEE The Employer and the Union agree that a need exists for continuing cooperation between labor and management,and to meet from time to time upon the request of either party concerning suggestions and issues of a general nature affecting the Union and the Employer relations. The parties therefore establish a Labor/Management Committee consisting of up to three(3)members from the Bargaining Unit and the Union staff representative, and up to three (3) members from the Employer and a representative from Human Resources. The committee will meet from time to time, upon the request of either party,during working hours to discuss matters of mutual interest or concern. The committee shall not have the authority to change this Agreement, nor shall it substitute for the grievance procedure. The above provision does not preclude and in fact encourages the parties to also meet informally and expeditiously on an as needed basis on matters of mutual concern. f Policy Work Groups - The Union will be given an opportunity to designate participants to Policy Work Groups related to employment policies. Policy Work Groups will be chaired by Human Resources. Policy Work Group participants will not negotiate on behalf of the Union regarding employment policies that would impact wages, hours and working conditions. 17.2 COMPOSITION OF COMMITTEE The Labor Management Committee meetings will include a minimum of three (3) representatives of the employer and a minimum of three (3) representatives appointed by Local No.252, unless otherwise mutually agreed upon. Said committee shall attempt to meet for the purpose of discussing and facilitating the resolution of issues which may arise between the parties other than those for which another procedure is provided by law or other provisions of this Agreement. 2021-2023 Probation Teamster's Collective Bargaining Agreement Page 36 17.3 COMPENSATION All meeting time spent by members of the joint Labor-Management Committee will be considered time worked if during duty hours and will be paid at the appropriate regular rate of pay. ARTICLE 18— HEALTH & SAFETY 18.1 SAFE WORKPLACE The Employer is responsible for maintaining a safe and healthful workplace. The Employer shall comply with all federal, state, and local laws applicable to the safety and health of its employees. Employees shall not be required to perform work if they have a reasonable basis for believing the assignment would constitute a danger to their health and safety. The employee shall immediately contact a supervisor who shall make a determination with regard to safety. Upon the supervisor's !I review and liability, the employee will perform the work but may refer the matter to the safety committee or risk management. x i All on-the-.ob injuries, no matter how slight, must be reported. Employees must immediately notify their supervisor if they are unable to work because of a work-related injury or illness. i 18.2 HEALTH&SAFETY PLAN The Employer shall develop and follow written policies and procedures to deal with on-the-job safety and shall conduct an ongoing site-specific safety and security plans in conformance with state and federal laws. 18.3 DRUG FREE WORKPLACE The Drug Free Workplace Act of 1988 for federal contractors and grant recipients requires that employers will provide a drug free workplace. This policy strictly prohibits the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance in the workplace. If a supervisor or manager reasonably suspects, through observation, that an employee may be physically incapable of performing the essential functions of the job and/or may be under any influence of, or impaired by, a substance, the employee shall be removed from duty immediately and undergo substance testing for the suspected substance. Except in emergency situations, the supervisor or manager shall consult with another supervisor, manager or representative of Human Resources to ensure that adequate grounds for reasonable suspicion exist. The consulted supervisor, manager or representative of Human Resources shall also personally observe the employee before the employee is required to test for the presence of that substance. At this time, the employee will also be notified of his or her Weingarten rights. Employees removed from duty under such circumstances who test positive shall be required to meet with the Employer's Substance Abuse Professional (SAP)and shall only be allowed to return to work, if at all, in accordance with the return to work provisions of the Employer's substance abuse policy. E 18.4 WORK PLACE VIOLENCE The Employer is committed to employee health and safety. Workplace violence, including threats of violence by or against a County employee, will not be tolerated and should be immediately reported whether or not physical injury occurs. i 2021-2023 Probation Teamster's Collective Baigaining Agroement _ _ 1 3" Page 37 ARTICLE 19 - GRIEVANCE PROCEDURE 19.1 GRIEVANCE DEFINED The purpose of the grievance procedure is to promote harmony and efficiency between employees and the County by providing timely settlement of grievances without fear of discrimination or reprisal. A grievance is an allegation by an employee, group of employees or the Union that there has been a violation, misapplication or misinterpretation of this Agreement. Employees will be unimpeded and free from restraint, interference, coercion, discrimination or reprisal in seeking adjudication of their grievance. Any grievance procedure time limit may be extended by mutual written agreement. Failure by an employee and/or the Union to comply with any grievance time limitations shall constitute withdrawal ! of the grievance. Failure of the County to comply with any grievance time limitations shall permit the Union or the employee to advance the grievance to the next step in the grievance procedure. A grievance of interest to several employees may be filed as a"group grievance." The processing and adjudication of grievances shall be conducted during working hours. i 19.2 GRIEVANCE PROCEDURE In the event of a grievance, the following procedure shall be used: Step 1. A grievance must be presented within ten (10) calendar days of the incident giving rise to the grievance or the date the grievant knew or reasonably could have known of the incident to the Division Manager or Designee. The Division Manager or Designee may schedule a meeting with the employee and his/her Union representative or he/she may respond to the grievance when presented, In either case, the Division Manager or Designee shall respond to the grievance within ten (10)calendar days of the employee raising the issue. If the grievance is not resolved informally, then a written grievance may be filed at step 2. Step 2. The grievance shall be presented in writing on an official Union grievance form. This shall include: 1. The specific details of the incident or issue giving rise to the grievance; 2. The Article(s)and Section(s)of the Agreement allegedly violated; and 3. The remedy sought. The written grievance shall be submitted by the employee and/or the Union Steward/Union Representative to the Juvenile Court Administrator or District Court Administrator within ten (10)calendar days of the date of the discussion in Step 1 above. A copy of the grievance will be filed concurrently with the Human Resources Department. Within ten (10) calendar days after the receipt of the official written grievance, the Administrator shall schedule a meeting with the employee and Shop Steward and/or Union Representative to hear and seek to resolve the grievance. The Administrator shall provide a written response to the employee and the Union Steward/Union Representative within fourteen (14) calendar days of the meeting. A copy of the grievance response shall be provided to the Human Resources Department. If the grievance is not resolved at Step 2, the grievance may be advanced to Step 3. Step 3. The written grievance shall be submitted to the Human Resources Manager within ten (10)calendar days of the date of the written response at Step 2. Within ten(10)calendar days of receipt of the grievance, the Human Resources Manager or designee shall schedule a 2021-2023 Pmbation Teamster's Collective Bargaining Agreement ' Page 38 meeting with the employee, Union Steward/Union Representative, District Court Administrator, and the Juvenile Court Administrator(or designee)to hear and seek to resolve the grievance. The Human Resources Manager shall provide a written answer to the employee, Union Steward/Union Representative,and Juvenile Court Administrator within fourteen(14)calendar days of the meeting. If the grievance is not resolved at Step 3, the grievance may be advanced to Step 4. Step 4. The Union may choose to submit the grievance to arbitration and in such case will deliver written notification of its intent to arbitrate to the Employer within fourteen (14)calendar days. The Union's request for arbitration shall be in writing and may be filed with the Public Employment Relations Commission (PERC), Federal Mediation and Conciliation Service (FMCS), or a mutually agreed upon arbitrator or arbitration service within thirty (30) calendar days of submitting its notice of intent to arbitrate to the Employer. In addition, the Union shall request the arbitration service supply a list of seven (7)qualified arbitrators. If a list of seven arbitrators is requested, both parties will attempt to agree upon an arbitrator from this list. If they cannot agree within fourteen (14) calendar days from the receipt of the list, a flip of the coin will determine which party strikes the first name from the list. This striking of names will alternate between the parties until one name remains. This person shall be the arbitrator. The referral to arbitration shall contain the following: 1. The specific details of the incident or issue giving rise to the grievance; 2. Article(s)and Sections (s)of the Agreement allegedly violated; 3. Copies of the Step 2 and 3 responses to the grievance; 4. Remedy sought. GRIEVANCE ARBITRATION: A hearing shall be scheduled at a date, time and location mutually convenient for all parties. In connection with any arbitration proceeding held pursuant to this Article, it is understood as follows: a 3 A. The arbitrator shall have no power to render a decision that will add to, subtract from or alter, change, or modify the terms of this Agreement, and his/her power shall be limited to interpretation or application of the terms of this Agreement, and all other matters shall be excluded from arbitration. B. The decision of the arbitrator shall be final, conclusive and binding upon the Employer, the Union and the employees involved, provided the decision does not involve action by the Employer, which is beyond its jurisdiction. C. Each party may call such witnesses as may be necessary in the order in which their testimony is to be heard. Such testimony shall be sworn and shall be limited to the matters set forth in the written statement of the grievance, and shall be subject to cross-examination. The arguments of the parties may be supported by oral comment and rebuttal. Either or both parties may submit post-hearing briefs within a time mutually agreed upon. Such arguments of the parties, whether oral or written, shall be confined to and directed at the matters set forth in the written statement of the grievance. D. Either party may request that a stenographic record of the hearing be made. The party requesting such record shall bear the cost thereof; provided, however,if the other party requests a copy, such cost shall be shared equally. 2021-2023 Probation Teamster's Collective Bargaining Agreement - Page 39 E. The cost of the arbitrator shall be borne equally by the Employer and the Union, and each party shall bear the cost of presenting its own case. F. The arbitrator's decision shall be made in writing and shall be issued to the parties within a reasonable timeframe after the date of the arbitration hearing or after receipt of the parties' post hearing briefs are submitted to the arbitrator. 19.3 UNION/EMPLOYER GRIEVANCE Either the Union or the Employer may initiate a grievance at Step 2 if the grievance is submitted in writing within ten (10) business days from the date the Employer / employees became aware or reasonably should have known that the grievance existed. The Employer may not grieve the acts of individual employees, but rather, only orchestrated acts or actions of authorized representatives believed to be in conflict with this Agreement. An Employer grievance will not be subject to Arbitration and may only go to mediation upon mutual agreement. The Union may initiate a Grievance at Step 2 anytime that it involves a group of employees involving different supervisors or from different Departments. Such grievances may be referred to mediation services by mutual agreement prior to Arbitration. 19.4 SCHEDULE OF MEETINGS Upon request, and without unnecessary delay, a steward's immediate supervisor or designee shall allow the steward during normal work hours without loss of pay, reasonable time to: Investigate any grievance or dispute so that same can be properly presented in accordance with the grievance procedure. •;• Attend meetings with the Director or other Employer representatives when such meetings are necessary to adjust grievances or disputes. Meetings with designated personnel will be by appointment and held without delay when possible. •• Confer with a staff representative of the Union and/or employees on Employer premises, at such time and places as may be authorized by the Director or designee in advance of the intended meetings. For the purposes of this Article and Article 4.3, obtaining coverage to insure minimum staffing levels shall not be considered an unnecessary delay. The Employer shall not be obligated to provide coverage immediately if the use of overtime is the only means of providing that coverage ARTICLE 20 - NO STRIKE/NO LOCKOUT 20.1 NO STRIKE/No LOCKOUT The Union agrees that there shall be no strikes, slow-downs, or stoppage of work, or any interference with the efficient operation of the Department. Any such action shall be subject to disciplinary action, including termination and replacement of the involved employees. The Employer shall not lockout any employee during the life of this Agreement. 2021-2023 Probation Teamster's Collective Bargaining Agreement Page 40 ARTICLE 21 — MANAGEMENT RIGHTS AND RESPONSIBILITIES 21.1 MANAGEMENT RIGHTS AND RESPONSIBILITIES Except as specifically modified by this Agreement, including amendments, the County—acting through the Board of Commissioners on`issues regarding economic matters, and the Mason County Superior Court and Mason County District Court —acting on issues regarding non-economic matters, retains all legal and inherent exclusive rights with respect to matters of legislative and managerial policy whether exercised or not. The Parties recognize that RCW 41.56 may impose an obligation to negotiate changes in wages, hours and working conditions not covered by this Agreement. Furthermore, the County and the Courts reserve all customary management prerogatives including, but not limited to the right to: A. Establish, plan for and direct the workforce toward the organizational goals of the Mason ' County government. B. Determine the organization and merits, necessity and level of activity or service provided to the public. C. Determine the County budget and financial policies, including accounting procedures. D. Determine the procedures and standards for hiring, promotion, assignment, transfer, layoff, discipline, and retention. i E. Discipline employees forjust cause. i F. Determine the methods, means, equipment, and kinds and numbers of personnel required to accomplish the governmental operations and maintain the efficiency thereof. G. Assign work and schedule employees. H. Reduce staff or reduce working hours due to a lack of work or lack of funds. I. Take all actions necessary to carry out the mission of the Court in County emergencies. Casework/Workload Management: A. Management shall have the right to assist, supervise, complete, and retain authority over any case. Further, management shall have the right to supervise and/or conduct boards, meeting, or training sessions for and with Probation Staff and clients (those being supervised) provided no reduction in staff occurs as a result of the exercise of these I rights. B. Management shall have the right to cross-train employees in all areas. Further, management shall have the right to assign staff to fill any vacant position, with consideration of seniority and training, in order to meet the needs of the community and the office. Volunteers: A. Management shall have the right to train and utilize volunteers,to support bargaining unit work, in Community Accountability Boards (CAB), Truancy Boards, Restorative Justice Boards, Guardian ad Litem work and in any other area specifically authorized by statue or code provision, provided there is no displacement of bargaining unit work or positions. Management has the right, under the direction of bargaining unit members, to acquire volunteers to assist in Guardian ad Litem work. 2021-2023 Probation Teamster's Collective Bargaining Agreement Page 41 B. Management shall have the right to establish other volunteer programs which support and assist existing Bargaining Unit work. i ARTICLE 22 - GENERAL PROVISIONS I 22.1 SAVINGS CLAUSE It is understood that the parties hereto are governed by the provisions of applicable Federal and State Law,which provisions shall prevail over this Agreement. Where there may be conflict between County ordinances or resolutions and this Agreement, the Articles of the Agreement shall prevail. Should any part thereof or any provisions herein be rendered or declared invalid by reason of any existing or any subsequently enacted legislation, or by a decree of a court of competent jurisdiction, such invalidation of such part or portion of this Agreement shall not invalidate the remaining portions hereof and they shall remain in full force and effect. In such event the parties shall meet within thirty (30) days for renegotiation of such invalid provisions for the purpose of adequate and lawful , replacement thereof and to preserve the intent of the entire Agreement as negotiated by the parties. ! t ARTICLE 23—ENTIRE AGREEMENT J t 23.1 DURATION CLAUSE This Agreement shall become effective upon the signing of the Agreement and shall remain in effect through December 31, 2023. Either party may request negotiations of a successor agreement within ninety (90) days of the expiration of this Agreement. This Agreement may be modified during its term by mutual agreement of both parties concerned. Such mutual agreement shall be reduced in writing and shall be incorporated as a part of this Agreement. i 23.2 ENTIRE AGREEMENT The Agreement expressed herein in writing constitutes the entire agreement between the parties and no oral statement shall add to or supersede any of its provisions. The Employer agrees not to enter into any Agreement or contract with any covered employee(s),either individually or collectively,which is inconsistent with the terms of this Agreement. i The existing contract shall remain in effect until a successor contract is signed, or until one year from the termination of this Agreement. 2021-2023 Probation Teamster's Colleetive Bargaining Agreement Page 42 SIGNATURES IN WITNESS WHEREOF, the parties hereto have executed this Agreement this Day of , 2021. MASON COUNTY COURTS BOARD OF COUNTY COMMISSIONERS Monty Cobb; Randy Neatherlin; Commissioner JUDGE OF THE SUPERIOR COURT District#1 Amber Finlay; Kevin Shutty; Commissioner JUDGE OF THE SUPERIOR COURT District#2 1 i Dan Goodell; Sharon Trask; Commissioner y JUDGE OF THE SUPERIOR COURT District#3 George A Steele; JUDGE OF THE DISTRICT COURT James Madsen; CHIEF SUPERIOR COURT ADMINISTRATOR Patsy Robinson; ADMINIST ATOR I i MSTERS LOCAL No. 252 SVB[ai iness Agent No. 252 retary-Treasurer i 2021-2023 Probation Teamster's Collective Bargaining Agreement Page 43 Appendix A — Job Classifications & Wage Table Effective January 1, 2021 "Advancement from one step to the next is annual and on the employee's a niversary date. Classification Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Office Tech $3,413.08 $3,498.40 $3,585.86 $3,675.51 $3,767.40 $3,861.58 $3,958.12 $4,087.50 Accounting Tech $4,132.85 $4,299.71 $4,401.22 $4,507.91 $4,619.31 $4,731.84 $4,850.15 $5,008.68 Administrative $4,249.54 $4,421.11 $4,526.67 $4,636.88 $4,749.40 $4,868.99 $4,990.71 $5,153.85 Asst. Asst.Probation $3,814.05 $3,968.05 $4,063.58 $4,164.38 $4,264.01 $4,36722 $4,476.40 $4,622.73 Officer Probation Officer $4,626.10 $4,812.87 $4,921.76 $5,047.20 $5,172.64 $5,299.25 $6,431.72 $5,609.27 Lead Probation $5 088.71 $6,294.15 $5,413.93 $5,651.93 $5,689.92 $5,829,22 $5,974.96 $6,170.27 Officer _ Court Program $5,088.71 $5,294.15 $5,413.93 $5,651.93 $5,689.92 $5,829.22 $5,974.96 $6,170.27 Coordinator t Effective January 1, 2022 "Advancement from one step to the next is annual and on the em to ee's a niversary date. Classification Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Office Tech $3,438.68 $3,524.64 $3,612.75 $3,703.08 $3,795.66 $3,890.54 $3,987.81 $4,118.16 $4,221.11 Accounting Tech $4,163,85 $4,331.96 $4,434.23 $4,541.72 $4,653.95 $4,767.33 $4,886.53 $5,046.25 $5,172.40 Administrative $4,281.41 $4,454.27 $4,560,62 $4,671.66 $4,785.02 $4,905.51 $5,028.14 $5,192.50 $5,322.32 Asst Asst.Probation $3,842.66 $3,997.81 $4,094.06 $4,195.61 $4,295.99 $4,399.97 $4,509.97 $4,657.40 $4,773.64 Officer Probation Officer $4,660.80 $4,848.97 $4,958.67 $5,085.05 $5,211.43 $5,338.99 $5,472.46 $5,651.34 $5,792.62 Lead Probation $5,126.88 $5,333.86 $5,454.53 $5,593.57 $5,732,59 $5,872.94 $6,019.77 $6,216.55 $6,371.96 Officer Court Program $5,126.88 $5,333.86 $5,454.63 $5,593.57 $5,732,59 $5,872.94 $6,019.77 $6,216.55 $6,371.96 Coordinator Effective January 1., 2023 *"Advancement from one ste to the next is annual and on the employee's a niversary date. Classification Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10 j Office Tech $3,473.06 $3,559.88 $3,648.88 $3,740.11 $3,833.61 $3,929.46 $4,027.68 $4,159.34 $4.263.32 $4,413.61 i Accounting Tech $4,205A9 $4,375.28 $4,434.23 $4,587.14 $4,700.49 $4,815.00 $4,935.40 $5,096.71 $5,224.12 $5,408.27 Administrative $4,324.22 $4,498.81 $4,560.62 $4,718.38 $4,832.87 $4,954.57 $5,078.42 $5,244.43 $5,376.54 $5,565.03 Asst. Asst.Probation $3.881.09 $4,037.79 $4,094.06 $4,237.57 $4,338.95 $4,443.97 $4,555.07 $4,703.97 $4,821.58 $4.991,54 Officer Probation Officer $4,707.41 $4,897.46 $4,958.67 $5,135.90 $5,263.54 $5,392.38 $5,527.18 $5,707.85 $5,850.55 $6,056.78 Lead Probation $5,178.15 $5,387.20 $5,454.53 $5,649.51 $5,789.92 $5,931.67 $6,079.97 $6,278.72 $6,435.68 $6,662.54 Officer Court Program $5,178.15 $5,333.86 $6,454.53 $5,649.51 $5,789.92 $6,931.67 $6,079.97 $6,278.72 $6,435.68 $6,662.54 Coordinator t 2021-2023 Probation Teamster's Collective Bargaining Agreement Page 44 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Nichole Wilston DEPARTMENT: Risk Management EXT: 643 BRIEFING DATE: 9/20/2021 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance Human Resources Legal i Other— please explain ITEM: Approval to place on the September 28, 2021 Action Agenda, amendment of Resolution 73-03 to change the county agent designated receive claims for damages from the Clerk of the Board to the designated Risk Manager. Background: Currently, per Resolution 73-03, claims for damages are received by the Clerk of the Board and then forwards the claim to the Risk Manager. There is no legal requirement or logistical need for the Clerk of the Board to receive claims for damages and subsequently this delays the claims process. By amending the resolution to designate the Risk Manager to receive claims will assist in a more timely and efficient process. RECOMMENDED ACTION: Approval to place on the September 28, 2021 Action Agenda, amendment of Resolution 73-03 to change the county agent designated receive claims for damages from the Clerk of the Board to the designated Risk Manager. Attachment: Proposed DRAFT Amended Resolution 73-03 RESOLUTION NO. A RESOLUTION AMEDNING RESOLUTION NO. 73-03 DESIGNATING THE RISK MANAGER TO RECEIVE CLAIMS FOR DAMAGES SERVED UPON MASON COUNTY WHEREAS, RCW 4.96 requires each local governmental entity to designate an agent to receive any claim for damages made under said chapter, and WHEREAS, in accordance with State Statute, the County desires to designate its Risk Manager as the designated agent for service of claims for damages arising out of the tortious conduct of the County, or its officers, employees, or volunteers, acting in such capacity; NOW, THEREFORE, THE BOARD OF COUNTY COMMISSIONERS of Mason County HEREBY RESOLVES AS FOLLOWS: Section 1. The Risk Manager is hereby designated as the agent to receive any claim for damages made under RCW 4.96. Section 2. The Risk Manager may be reached during the normal business hours of the County, Monday through Friday, 8:00 a.m. to 5:00 p.m., at 423 N Fifth Street, Shelton, Washington. Section 3. If the Risk Manager is not available during normal business hours, the Risk Manager's designee is designated as the agent to receive claims for damages. Section 4. All claims for damages against the County made pursuant to RCW 4.96 shall be presented to said agent within the applicable period of limitations within which an action must be commenced. Said claims shall not be effective unless delivered to the agent or designee as specified in this Resolution. Section 5. The Risk Manager is hereby directed to record a copy of this Resolution with the Mason County Auditor. Section 6. This resolution shall take effect and be in force immediately upon its adoption. ADOPTED: Page 1 of 2 BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON ATTEST: Randy Neatherlin, Chair Clerk of the Board APPROVED AS TO FORM: Kevin Shutty, Commissioner Tim Whitehead, Chief Deputy Sharon Trask, Commissioner Prosecuting Attorney Page 2 of 2 MASON COUNTY PUBLIC WORKS—COMMISSIONER BRIEFING September 20,2021 Briefing Items • Set hearing for October 26, 2021 for a franchise renewal with Orchard Beach Water System. • Authorization U&W Division to procure two pumps for Lakeland Village Discussion Items Commissioner Follow-Up Items Upcoming Calendar/Action Items • Hearing set at the September 28 h Commission Meeting for October 26, 2021 @ 9:15am to consider changing the speed limit on Boyer Road to 25 mph(Briefed August 16, 2021). Attendees: Commissioners: Public Works: Other Dept. Staff: Public: _Randy Neatherlin _Loretta Swanson _Kevin Shutty _Mike Collins _Sharon Trask _Richard Dickinson _Other(list below): MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Mike Collins P.E., Deputy Director/ County Engineer DEPARTMENT: Public Works EXT: 450 BRIEFING DATE: September 20, 2021 INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human Resources X Legal ❑ Other — please explain ITEM: Franchise Agreement Application for Orchard Beach Community Group Water System — Set Hearing EXECUTIVE SUMMARY: Erica Aust, the Vice President for Orchard Beach Community Group has applied for a franchise renewal to construct, operate and maintain their water system along Orchard Beach Drive. Public Works has reviewed and updated the franchise language, as done for with all the water system franchise renewals this past year, and included a provision for automatic renewal for up to three 10-year terms. The franchise will cover their water system along the Orchard Beach Drive. BUDGET IMPACT: Application is not considered new and applicant has paid the $300 renewal of their respective franchise. PUBLIC OUTREACH: The public will be notified through the normal public hearing notice process. RECOMMENDED OR REQUESTED ACTION: Recommend the Board set a hearing for Tuesday, October 26, 2021 at 9:15am to consider approving the franchise agreement between Mason County and Orchard Beach Community Group to construct, operate and maintain their water system along the Orchard Beach Drive. Attachments: 1. Franchise agreement application 2. Exhibit B is a map showing the franchise area 3. Notice IN THE MATTER OF THE APPLICATION OF ORCHARD BEACH COMMUNITY GROUP FOR A FRANCHISE PERMIT TO CONSTRUCT,OPERATE,AND MAINTAIN ORCHARD BEACH COMMUNITY GROUP UTILITY FACILITIES,OVER, ALONG AND UNDER COUNTY ROADS AND HIGHWAYS LOCATED IN MASON COUNTY, WASHINGTON Application of(Name ofOperator) ORCHARD BEACH COMMUNITY GROUP doing business in Washington as ORCHARD BEACH COMMUNITY GROUP , with its principal offices located at 1217 SW ORCHARD ST.,SEATTLE WA 98106 by and through(person authorized to actforandon behalfofapplicant) Erika E.Aust,Vice-President(OBCG) , for a franchise to construct, operate and maintain(description of type) easement utility facilities in,over,along and under county roads and highways in Mason County,Washington,as set forth in attached Exhibit `B" (Franchise Area), having come on regularly for hearing before the County Commissioners of Mason County, Washington, on the day of .20 , at the hour of , under the provisions of RCW 36.55, RCW 80.32.010 and RCW 80.36.040, and it appearing to the Board that notice of said hearing has been duly given as required by law, and that it is in the public interest to allow the franchise herein granted; NOW THEREFORE,IT IS ORDERED that a non-exclusive franchise be, and the same is hereby given and granted to Operator,and its successors and assigns,hereinafter referred to as the Franchisee,for a period of 10 years with automatic renewal at the end of each term of 10 years unless either party gives the other written notice of termination at least 30 days prior to the end of the relevant term. (no more than ten years each term and can only be renewed 3 times)from and after the date of the entry of this order for the purposes,at the location(s),and upon the express terms and conditions as described herein. L DEFINITIONS For the purposes of this franchise,terms,phrases,words,and their derivations not defined herein that are defined in Title 12 of the Mason County Code or the Manual on Accommodating Utilities in the Mason County Right-of-Way published by the County Engineer(the"Manual"),shall have the same meaning or be interpreted as provided in Title 12 of the Mason County Code or the Manual. Words not defined here, in Title 12 of the Mason County Code or the Manual shall have their ordinary meaning. A reference to Title 12 of the Mason County Code or the Manual refers to the same as may be amended,revised,updated,re-enacted or re-codified from time to time. H. GRANT The County of Mason hereby grants to the Franchisee a non-exclusive franchise which,once it becomes effective shall authorize the Franchisee to enter upon the road rights-of-way located within the Franchise Area identified in attached Exhibit"B",for the purpose of installing, constructing,maintaining,repairing,replacing,adjusting,relocating and operating the utility 1 facilities,which grant shall be limited to the following described purpose(s): constructing operating and maintaining a community water system. Such grant is subject to and must be exercised in strict accordance with and subject to this franchise, Title 12 of the Mason County Code, the Manual and all applicable laws, rules, regulations and ordinances. Franchisee's exercise of any rights granted pursuant to the franchise is subject to the exercise of the County's police powers,and other regulatory powers as it may have or obtain in the future. No rights shall pass to the franchisee by implication. This franchise does not include permission to enter into or upon the road rights-of-way for any purposes others than the purposes expressly described herein. Permittee has a duty to notify the County of any change in use or condition of the utility facilities that may affect the status of the utility facilities or the impact of the utility facilities upon the road rights-of-way. III. UTILITY PERMIT REQUIRED Franchisee shall not commence or perform work(hereafter"Work")to install,construct,maintain repair,replace adjust, connect, disconnect,rebuild, or relocate its utility facilities within the road rights-of-way,without first applying for,paying all associated fees,and obtaining a utility permit as required pursuant to Title 12 of the Mason County Code. In any utility permit so issued,the County may impose,as a condition of the granting the utility permit,such conditions and regulations as may be necessary for the protection,preservation and management of the road rights-of-way,including, by way of example and not limitation, for the purpose of protecting any structures in the road rights-of-way, maintaining proper distance from other utilities, ensuring the proper restoration of such road rights-of-way and structures,and for the protection of the County and the public and the continuity of pedestrian and vehicular traffic. Franchisee shall first file with the County Engineer its application for a utility permit to do such Work together with plans and specifications in triplicate showing at a minimum: A.The position,depth and location of all such utility facilities sought to be constructed,laid, installed or erected at that time,showing their relative position to existing county roads,rights-of-way or other county property upon plans drawn to scale,hereinafter collectively referred to as the"map of definite location; B. The class and type of material and equipment to be used, manner of excavation, construction,installation,backfill,erection of temporary structures,erection of permanent structures, traffic control, traffic turnouts and road obstructions; C. The manner in which the utility facility is to be installed; D. Measures to be taken to preserve safe and free flow of traffic; E. Structural integrity of the roadway,bridge,or other structure; F. Specifications for the restoration of the county road,right-of-way or other county property in the event that the road right of way will be disturbed by the Work; and 2 G. Provision for ease of future road maintenance and appearance of the roadway. Provision shall be made for known or planned expansion of the utility facilities,particularly those Iocated underground or attached to bridges or other structures within the road right-of-way. The location, alignment and depth of the utility facilities shall conform with said map of definite location,except in instances in which deviation may be allowed thereafter in writing by the County Engineer pursuant to application by Franchisee. All such Work shall be subject to the approval of and shall pass the inspection of the County Engineer.The Franchisee shall pay all costs of and expenses incurred in the examination,inspection and approval of such work on account of granting the said utility permits. IV. RESTORATION OF ROAD RIGHT OF WAY In any Work which disturbs or causes damage to the road rights-of-way subject to this franchise, public or private property, the Franchisee shall at its own expense and with all convenient speed, complete the work to repair and restore the county road right-of-way, or the public or private property so disturbed or damaged,and leave the same in as good or better condition as before the Work was commenced,to the reasonable satisfaction of the County Engineer. The Franchisee shall pay all costs of and expenses incurred in the examination, inspection and approval of such restoration or repair. The County Commissioners and/or County Engineer may at any time do,order or have done any and all work that they consider necessary to restore to a safe condition such County road right-of-way or other County property left by the Franchisee or its agents in a condition dangerous to life or property,and the Franchisee,upon demand,shall pay to the County all costs of such work. V. FRANCHISEE WORK IN RIGHT OF WAY Franchisee expressly agrees and understands that,with regard to Work within the road rights-of- way: A. All of Franchisee's utility facilities and Work within the road rights-of-way or other County property shall be in compliance with the provisions of Title 12 MCC, the Manual, the administrative regulations adopted by the County Engineer,other County established requirements for placement of utility facilities in road rights-of-way, including the specific location of utility facilities in the road rights-of-way,and all applicable laws,rules,regulations and ordinances; B. In preparing plans and specifications for Work of utility facilities in the road rights-of- way the Franchisee shall use the Manual. Prior to commencement of work in the road rights-of-way, Franchisee shall submit such plans and specifications to the Mason County Engineer for review and approval together with adequate exhibits depicting existing or proposed location of the utility facility in relation to the road,including right-of-way or easement lines;relationship to currently planned 3 road revisions,if applicable;and all locations and situations for which deviations in depth of cover (including the proposed method of protection) or other locational standards that are anticipated; C. All Work to utility facilities located within the road rights-of-way or other county property subject to this franchise shall be done in such a manner as not to interfere, other than in ways approved by the County,with the construction,operation and maintenance of other utilities, public or private,drains,drainage ditches and structures,irrigation ditches and structures,located therein,nor with the grading or improvements of such County roads,rights-of-way or other County property; D. The owners and operators of all utility facilities (public or private) installed in the Franchise.Area or other county property prior in time to the utility facilities of the Franchisee,shall have preference as to the alignment and location of such utilities so installed with respect to the Franchisee. Such preference shall continue in the event of the necessity of relocating or changing the grade of any such county road or right-of-way; E. Franchisee shall perform the Work and operate its utility facilities in a manner that minimizes interference with the use of the road rights-of-way by others,including others that may be installing utility facilities; and F. The County may require that Franchisee's utility facilities be installed at a particular time, at a specific place, or in a particular manner as a condition of access to a particular road right-of-way; may deny access if a Franchisee is not willing to comply with the County's requirements; and may remove, or require removal of, any utility facility that is not installed in compliance with the requirements established by the County, or which is installed without prior County approval of the time,place,or manner of installation and charge the Franchisee for all the costs associated with removal; and may require Franchisee to cooperate with others to minimize adverse impacts on the road rights-of-way through joint trenching and other arrangements. G. The County may inspect the utility facilities at any time reasonable under the circumstances to ensure compliance with this franchise and applicable law,including to ensure that the utility facilities are constructed and maintained in a safe condition. If an unsafe condition is found to exist, the County, in addition to taking any other action permitted under applicable law, may order the Franchisee,in writing,to make the necessary repairs and alterations specified therein forthwith to correct the unsafe condition on a time-table established by the County which is reasonable in light of the unsafe condition. The County has the right to correct,inspect,administer, and repair the unsafe condition if the Franchisee fails to do so, and to charge the Franchisee therefore. The right of the County to conduct such inspections and order or make repairs shall not be construed to create an obligation therefore,and such obligation to construct and maintain its utility facilities in a safe condition shall at all times remain the sole obligation of the Franchisee. H. When required by the County,Franchisee shall make information available to the public regarding any work involving the ongoing installation,construction,adjustment,relocation,repair or maintenance of its utility facilities sufficient to show(1)the nature of the work being performed; (2)where it is being performed, (3)its estimated completion date; and(4)progress to completion. 4 I. FRANCHISEE IS PLACED ON NOTICE THAT FIBER OPTIC,COMMUNICATIONS, POWER, CONTROL SYSTEMS, OTHER TYPES OF CABLES, AND PIPELINES MAY BE BURIED ON THE RIGHT OF WAY. Before beginning any underground work,Franchisee will contact the appropriate personnel to have such facilities located and make arrangements as to protective measures that must be adhered to prior to the commencement of any work within the Road rights-of-way. In addition to the liability terms elsewhere in this Agreement,Franchisee shall indemnify and hold the County and its elected and appointed officers, employees and agents harmless against and from all cost,liability,and expense whatsoever(including,without limitation, attorney's fees and court costs and expenses)arising out of or in any way contributed to by any act or omission of Franchisee, its contractor, agents and/or employees, that cause or in any way or degree contribute to(1) any damage to or destruction of any such facilities by Franchisee,and/or its contractor, agents and/or employees, on the County's property, (2)any injury to or death of any person employed by or on behalf of any entity,and/or its contractor,agents and/or employees,on the road rights-of-way,and/or(3)any claim or cause of action for alleged loss of profits or revenue,or loss of service, by a customer or user of services or products of such company(ies) (collectively "Liabilities" for purposes of this Section V.1). The only Liabilities with respect to which Franchisee's obligation to indemnify the County and its elected and appointed officers,employees and agents does not apply are Liabilities to the extent arising out of,caused by or resulting from the negligence of the County, and its elected and appointed officers, employees and agents and Liabilities that by law the County and its elected and appointed officers, employees and agents for which the County cannot be indemnified. J. Franchisee shall continuously be a member of the State of Washington one number locator service under RCW 19.122, or an approved equivalent, and shall comply with all such applicable rules and regulations. K. Except in the event of emergency as described below,Franchisee and its Agents may not enter upon the Franchise Area to perform work for which a utility permit is not required,unless and except upon two-business days notice to the County Engineer. L. In the event of an emergency involving the threat of imminent harm to persons or property, and for purposes of taking immediate corrective action, Franchisee and its agents may enter the Franchise Area without advance notice to the County as long as such entry is for the sole purpose of addressing the emergency;provided however,that if any entry for such purposes would require issuance of a utility permit,Franchisee shall give the County verbal or telephonic notice of the places where and the manner in which entry is required prior to such entry,promptly followed by written notice. In all cases,notice to the County shall be given as far in advance as practical prior to entry or as soon as practicable after entry upon the road right-of-Way. M. Franchisee shall promptly reimburse the County for their reasonable and direct costs incurred in responding to an emergency that is caused, created by or attributable to the presence, construction,maintenance,repair,or operation of the Franchisees utility facilities in the road rights- of-way. N. If,during installation,construction,relocation,realignment,adjustment,maintenance,or repair of the Franchisee's utility facilities in the road rights-of-way,Franchisee or its agents discover 5 scientific or historic artifacts,Franchisee shall immediately notify the County of said discovery and shall protect such artifacts in a manner as specified by the County. Any such artifact shall be the property of the County if the County wishes to own it. VI. PROTECTION OF PUBLIC All work done under this franchise shall be done in a thorough and workman-like manner. In the performance of Work within or near the road rights-of-way, including without limitation, the opening of trenches and the tunneling under county roads,rights-of way or other county property, the Franchisee shall leave such trenches,ditches and tunnels in such a way as to interfere as little as possible with public travel and shall take all due and necessary precautions to guard the same,so that damage or injury shall not occur or arise by reason of such Work;and where any of such trenches, ditches and tunnels are left open at night,the Franchisee shall place warning lights,barricades and other appropriate protective devices at such a position as to give adequate warning of such Work. The Franchisee shall be liable for any injury to person or persons or damage to property sustained arising out of its carelessness or neglect,or through any failure or neglect to properly guard or give warning of any trenches, ditches or tunnels dug or maintained by the Franchisee. VII. POLICE POWERS The County of Mason,in granting this franchise,does not waive any rights which it now has or may hereafter acquire with respect to county roads, rights-of-way or other county property and this franchise shall not be construed to deprive the county of any powers, rights or privileges which it now has or may hereafter acquire to regulate the use of and to control the county roads,rights-of- way and other county property covered by this franchise. The County retains the right to administer and regulate activities of the Franchisee up to the fullest extent of the law. The failure to reserve a particular right to regulate,or reference a particular regulation,shall not be interpreted by negative implication or otherwise to prevent the application of a regulation to the Franchisee. VIII. RELOCATION Franchisee shall, in the course of any Work, comply with the following requirements: A. The Franchisee shall, by a time specified by the County,protect, support, temporarily disconnect,relocate,or remove any of its utility facilities when required by the County by reason of traffic conditions;public safety;road right-of-way construction;road right-of-way repair(including resurfacing or widening);change of road right-of-way grade;construction,installation,or repair of County-owned sewers,drains,water pipes,power lines,signal lines,tracks,communications system, other public work, public facility, or improvement of any government-owned utility; road right-of-way vacation;or for any other purpose where the County work involved would be aided by the removal or relocation of the utility facilities. Collectively,such matters are referred to below as the"public work." Franchisee acknowledges and understands that any delay by Franchisee in performing the herein described work may delay, hinder, or interfere with the work performed by the County and its 6 contractors and subcontractors done in furtherance of such Public Work and result in damage to the County,including but not limited to,delay claims. Franchisee shall cooperate with the County and its contractors and subcontractors to coordinate such Franchisee work to accommodate the Public Work project and project schedules to avoid delay, hindrance of, or interference with the Public Work. The County of Mason shall make available to the Franchisee a copy of the Six Year Transportation Program and the County's annual construction program after adoption each year. It is anticipated these programs will aid the utility in planning construction programs. B. Franchisee has a duty to protect its utility facilities from work performed by the County within the road rights-of-way. The rights granted to the Franchisee herein do not preclude the County of Mason, its employees, contractors, subcontractors, and agents from blasting, grading, excavating, or doing other necessary road work contiguous to Franchisee's utility facilities; providing that, the Franchisee shall be given a minimum of forty-eight (48) hours notice of said blasting or other work in order that the Franchisee may protect its utility facilities. C. In the event of an emergency,or where the utility facility creates or is contributing to an imminent danger to health, safety, or property, the County may protect, support, temporarily disconnect,remove,or relocate any or all parts of the utility facility without prior notice,and charge the Franchisee for costs incurred. D. If any Person that is authorized to place facilities in the road right of way requests the Franchisee to protect, support,temporarily disconnect,remove,or relocate the Franchisee's utility facilities to accommodate the construction,operation,or repair of the facilities of such other person, the Franchisee shall, after 30 days' advance written notice, take action to effect the necessary changes requested;provided that,if such project is related to or competes with Franchisee's service, or if the effect of such changes would be to permanently deprive Franchisee of the beneficial enjoyment of this franchise for its intended purposes through interference with the operation of Franchisee's utility facilities or otherwise, Franchisee shall not be required to relocate its utility facilities. Unless the matter is governed by a valid contract or a state or federal law or regulation,or unless the Franchisee's utility facilities were not properly installed,the reasonable cost of the same shall be borne by the Person requesting the protection,support,temporary disconnection,removal,or relocation at no charge to the County,even if the County makes the request for such action. E. The Franchisee shall, on the request of any person holding a valid permit issued by a governmental authority,temporarily raise or lower its wires to permit the moving of buildings or other objects. The expense of such temporary removal or raising or lowering of wires shall be paid by the person requesting the same. The County of Mason will accept liability for direct and actual damages to said Franchisee that are the result of the negligence of Mason County, its trustees, officers, employees, contractors, subcontractors or agents while performing County improvement or Public Works projects enumerated in the original franchise agreement under Section VIII,paragraph B. Direct and actual damages are specifically limited to physical damage to properly installed and located infrastructure of the Franchisee and the cost to repair such physical damage. Mason County retains the right to 7 assert all applicable defenses in the event of a dispute including contributory negligence on the part of the Franchisee. Mason County shall in no way be liable for incidental damages claimed to arise from such actions. All Work to be performed by the Franchisee under this section shall pass the inspection of the County Engineer. The Franchisee shall pay all costs of and expenses incurred in the examination, inspection and approval of such work. IX. PRESERVATION OF MONUMENTS/MARKERS Before any work is performed under this franchise which may affect any existing monuments or markers of any nature relating to subdivisions,plats,roads and all other surveys,the Franchisee shall reference all such monuments and markers. The reference points shall be so located that they will not be disturbed during the Franchisee's operations under this franchise. The method of referencing these monuments or other points to be referenced shall be approved by the County Engineer. The replacement of all such monuments or markers disturbed during construction shall be made as expeditiously as conditions permit,and as directed by the County Engineer. The cost of monuments or other markers lost, destroyed, or disturbed, and the expense of replacement by approved monuments shall be borne by the Franchisee. A complete set of reference notes for monument and other ties shall be filed with the office of the Mason County Engineer. X. VACATION OF ROAD RIGHT-OF-WAY If at any time the County shall vacate any County road,right-of-way or other County property which is subject to rights granted by this franchise and said vacation shall be for the purpose of acquiring the fee or other property interest in said road,right-of-way or other county property for the use of Mason County,in either its proprietary or governmental capacity,then the Board of Mason County Commissioners may,at its option,and by giving thirty(30) days written notice to the Franchisee, terminate this franchise with reference to such county road,right-of-way or other county property so vacated,and the County of Mason shall not be liable for any damages or loss to the Franchisee by reason of such termination. It has been the practice of Mason County to reserve easements for utilities at the time of road vacation,and will continue to be the practice until such time the Board of Mason County Commissioners direct a change of practice. XI.FINANCIAL SECURITY A. Insurance Except as otherwise provided herein,Franchisee shall maintain for itself and the County,throughout the entire period any part of Franchisee's utility facilities are located in the Franchise Area,adequate insurance to protect the Parties and their elected and appointed officers, agents,employees against all of County's and Franchisee's liability arising out of Franchisee's use and occupancy of the Franchise Area or any part thereof. This obligation shall require the Franchisee to maintain insurance at least in the following amounts: 8 1. COMMERCIAL GENERAL LIABILITYT insurance to cover liability,bodily injury, and property damage. The Commercial General Liability insurance shall be written on an occurrence basis,with an aggregate limit location endorsement for the Franchise Area, and shall provide coverage for any and all costs,including defense costs, and losses and damages resulting from personal injury,bodily injury and death,property damage,products liability and completed operations. Such insurance shall include blanket contractual coverage,including coverage for the Franchise as now or hereafter amended and specific coverage for the indemnity provisions set forth herein. Coverage must be written with the following limits of liability: Bodily and Personal Injury&Property Damage, $ 1,000,000 per Occurrence $2,000,000 aggregate 2 WORKERS' COMPENSATION insurance shall be maintained to comply with statutory limits for all employees,and in the case any work is sublet,the Franchisee shall require its contractors and subcontractors similarly to provide workers' compensation insurance for all the employees. The Franchisee shall also maintain, during the life of this policy, employer's liability insurance;provided that this obligation shall not apply to any time period during which Franchisee has no employees. The following minimum limits must be maintained: Workers'Compensation Statutory Employer's Liability $ 1,000,000 each occurrence 3.COMPREHENSIVE AUTO LIABILITY insurance shall include owned,hired,and non-owned vehicles operated by Franchisee employees on an occurrence basis with coverage of at least$2,000,000 per occurrence. If the Franchisee,its contractors,or subcontractors do not have the required insurance,the County may require such entities to stop operations until the insurance is obtained and approved. Certificates of Insurance reflecting evidence of the required insurance and approved by the County's Risk Manager for the GENERAL LIABILITY policies described above, shall be sent to the County's risk manager. The certificate shall be filed with the acceptance of the franchise, and annually thereafter,and as provided below. All coverage shall be listed all on one certificate with the same expiration dates. The certificates shall contain a provision that coverages afforded under these policies will not be canceled until at least 30 days'prior written notice has been given to the County. In the event that the insurance certificate provided indicates that the insurance shall terminate or lapse during the period of the franchise,then,in that event,the Franchisee shall furnish,at least 30 days prior to the expiration of the date of such insurance,a renewed certificate of insurance as proof that equal and like coverage has been or will be obtained prior to any such lapse or termination during the balance of the period of the franchise. 9 The County reserves the right, during the term of the franchise, to require any other insurance coverage or adjust the policy limits as it deems reasonably necessary utilizing sound risk management practices and principals based upon the loss exposures. Each insurance policy required pursuant to this franchise shall be primary and non-contributing as respects any coverage maintained by the County and shall include an endorsement reflecting the same. Any other coverage maintained by County shall be excess of this coverage herein defined as primary and shall not contribute with it. The certificate of insurance must reflect that the above wording is included in all such policies. Each insurance policy obtained pursuant to this franchise shall be issued by financially sound insurers who may lawfully do business in the State of Washington with a financial rating at all times during coverage of no less than rating of"A' and a class of"X" or better in the latest edition of `Best's Key Rating Guide" published by A.M. Best Company, or such other financial rating or rating guide approved in writing by the County's risk manager. In the event that at any time during coverage,the insurer does not meet the foregoing standards,Franchisee shall give prompt notice to the County and shall seek coverage from an insurer that meets the foregoing standards. The County reserves the right to change the rating or the rating guide depending upon the changed risks or availability of other suitable and reliable rating guides. Comprehensive general liability insurance policies and coverage obtained pursuant to this franchise shall include an endorsement(standard ISO form CG 24-17) deleting all exclusions for work or incidents occurring within any distance from a railroad track or railroad property, or on, over, or under a railroad track. Insurance policies required pursuant to this franchise shall have no non-standard exclusions unless approved of by the County Risk Manager or designee. Commercial general liability insurance policies obtained pursuant to this franchise shall name the County as an additional insured without limitation,pursuant to an endorsement approved of by the County's Risk Manager or designee. Franchisee and Franchisee's Contractors' insurers, through policy endorsement, shall waive their Tights of subrogation against the County for all claims and suits. The certificate of insurance must reflect this waiver of subrogation rights endorsement. Commercial General Liability Insurance policies and coverage required herein of public utility operators may include a reasonable deductible or self-insured retention;provided,however,that as to any Loss or Damage covered as provided herein, if Franchisee elects to include any deductible or self-insured retention,Franchisee shall itself directly cover,in lieu of insurance,any and all County liabilities that would otherwise in accordance with the provisions of this Franchise be covered by Franchisee's insurance if Franchisee elected not to include a deductible or self-insured retention. Such direct coverage by Franchisee shall be in an amount equal to the amount of Franchisee's actual deductible or self-insured retention. Franchisee shall be required to provide a certification of self- insurance retention to the county in a form and content acceptable to the county engineer. 10 B. Performance/Payment Bond. At the same time Franchisee provides its acceptance of this Franchise,the Franchisee shall, if required by the County Engineer, provide a performance and payment bond to ensure the full and faithful performance of all of its responsibilities under this franchise and applicable rules,regulations and ordinances, including, by way of example,but not limited to,its obligations to relocate and remove its utility facilities,to restore the road rights-of-way and other property when damaged or disturbed, and to reimburse the County for its costs. The amount of the performance and payment bond shall be for ZERO ($Q). The amount of the bond,or cash deposit as described below,may be adjusted by the County every five years from the date of execution of this franchise,to take into account cumulative inflation or increased risks to the County. The Franchisee may be required to obtain additional bonds in accordance with the County's ordinary practices. The bond shall be in a form with terms and conditions acceptable to the County and reviewed and approved by the County Engineer. The bond shall be with a surety with a rating no less than"A V in the latest edition of"Bests Key Rating Guide,"published by A.M.Best Guide. The Franchisee shall pay all premiums or costs associated with maintaining the bond,and shall keep the same in full force and effect at all times.If Franchisee fails to provide or maintain the bond,then the County,in its sole discretion,may require Franchisee to substitute an equivalent cash deposit as described below in lieu of the bond. Franchisee, may at its election or upon order by the County, substitute an equivalent cash deposit instead of a performance and payment bond. This cash deposit shall ensure the full and faithful performance of all of Franchisee's responsibilities hereto under this Permit and all applicable laws, rules,regulations or ordinances. This includes,but is not limited to, its obligations to relocate or remove its facilities,restore the road rights-of--way and other property to their original condition, reimbursing the County for its costs, and keeping Franchisee's insurance in full force. The County shall notify Franchisee in writing, by certified mail, of any default and shall give Franchisee thirty(30) days from the date of such notice to cure any such default. In the event that the Franchisee fails to cure such default to the satisfaction of the County, the County may, at its option,forfeit the entire amount of the cash deposit or draw upon the cash deposit up to the amount of the County's costs incurred to cure Franchisee's default. Upon the County's cure of Franchisee's default,the County shall notify Franchisee in writing of such cure. In the event that the County draws upon the cash deposit or forfeits the same, Franchisee shall thereupon replenish the cash deposit to the full amount as specified herein or provide a replacement performance and payment bond. Before any_Work commences in the road right-of-way, the County Engineer may require the operator to provide a performance and payment bond for each separate project in an amount to be determined by the County Engineer, but not less than five hundred dollars, written by a surety company acceptable to the County Risk Manager and authorized to do business in the state of Washington. The purpose of the bond is to insure completion of construction, including the restoration of surfacing,slopes,slope treatment,topsoil,landscape treatment,and drainage facilities, and cleanup of rights-of-way, and payment of costs incurred by the County to enforce the requirements of this Chapter. The performance and payment bond shall be in place for a period 11 ending not more than one year after the date of completion. A project specific performance bond shall not be required in the event that the franchisee has in place a blanket performance bond and,when required,a payment bond,maintained pursuant to the requirements of this franchise. A performance and payment bond for work in the road right-of-way will not be required of the United States Government or any of its agencies or of any municipal corporation or department of the state of Washington and its local subdivisions. C. Limitation of Liability. To the fullest extent permitted by law,the Franchisee shall,and shall cause its contractor(s) to release, indemnify, defend and hold harmless the county and the county's legal representatives,officer(elected or),appointed)employees and agents(collectively, "indemnitees")for,from and against any and all claims,liabilities,fines,penalties, cost, damages, losses, liens, causes of action, suits, demands, judgments and expenses (including, without limitations, court costs, attorneys' fees and costs of investigation, g on, removal and remediation and governmental oversight costs),Environmental or otherwise(collectively"liabilities")of any nature, kind,or description,of any person or entity,directly or indirectly,arising out of,resulting from,or related to(in whole or in part): 1. this franchise; 2. any rights or interests granted pursuant to this franchise; 3. franchisee's occupation and use of the road right of way; 4. franchisee's operation of its utility facilities; 5. the presence of utility facilities within the right of way; 6. the environmental condition and status of the road right-of-way caused by, aggravated by, or contributed to,in whole or in part,by franchisee or its agents; or 7. The acts,errors,or omissions of third parties when arising out of the installation, construction,adjustment,relocation,replacement,removal,or maintenance of such third party utility facilities within the road rights-of-way when such work is performed under authority of the operator's utility permit or at the direction or under the control of the operator; or S. any act or omission of franchisee or franchisee's agents; The only liabilities with respect to which franchisee's obligation to indemnify the indemnitees do not apply are liabilities to the extent arising out of, caused by or resulting from the negligence of the county, its officers, agents, employees or contractors and liabilities that by law the indemnities cannon be indemnified for. 12 Upon written notice from the county,franchisee agrees to assume the defense of any lawsuit or other proceeding brought against any indemnitee by any entity, relating to any matter covered by this franchise for which franchisee has an obligation to assume liability for and/or save and hold harmless any indemnitee.Franchisee shall pay all cost incident to such defense,including,but not limited to,attorneys' fees,investigators' fees,litigation and appeal expenses,settlement payments and amounts paid in satisfaction of judgments. Franchisee will fully satisfy said judgment within ninety(90)days after said suit or action shall have finally been determined if determined adversely to Mason County. Upon the Franchisee's failure.to satisfy said judgment within the ninety(90)day period, this franchise shall at once cease and terminate. Acceptance by the County of any Work performed by the Franchisee at the time of completion shall not be grounds for avoidance of this covenant. XII. FRANCHISE NONEXCLUSIVE This franchise shall not be deemed to be an exclusive franchise. It shall in no manner prohibit the County of Mason from granting other utilities under,along,across,over and upon any of the County roads,rights-of-way or other County property subject to this franchise and shall in no way prevent or prohibit the County of Mason from.constructing, altering, maintaining or using any of said roads, rights-of-way,drainage structures or facilities,irrigation structures or facilities,or any other county property or affect its jurisdiction over them or any part of them with full power to make all necessary changes,relocations, repairs,maintenance,etc.,the same as the county may deem fit. XIII. SUCCESSORS AND ASSIGNS All the provisions,conditions,regulations and requirements herein contained shall be binding upon the successors and assigns of the Franchisee,and all privileges,as well as all obligations and liability of the Franchisee, shall ensure to its successors and assigns equally as if they were specifically mentioned wherever the Franchisee is mentioned. Any reference in this franchise to a specifically named party shall be deemed to apply to any successor,heir, administrator, executor or assign of such party who has acquired its interest in.compliance with the terms of this franchise,or under law. XIV. TRANSFER/ASSIGNMENT Franchisee may assign or transfer this franchise after prior written notice to County of Mason and assignee's written commitment,in a form and content approved by the County Prosecutor,delivered to County of Mason,that assignees shall thereafter be responsible for all obligations of Franchisee with respect to the franchise and guaranteeing performance under the terms and conditions of the franchise and that transferee will be bound by all the conditions of the franchise and will assume all the obligations of its predecessor. Such an assignment shall relieve the Franchisee of any further obligations under the franchise, including any obligations not fulfilled by Franchisee's assignee; provided that,the assignment shall not in any respect relieve the Franchisee,or any of its successors in interest,of responsibility for acts or omissions,known or unknown,or the consequences thereof, which acts or omissions occur prior to the time of the assignment. No franchise or master road use permit may be assigned or transferred without filing or establishing with the county the insurance 13 certificates and performance bond as required pursuant to this franchise. XV. ANNEXATION Whenever any of the County roads, rights-of-way or other county property as designated in this franchise,by reason ofthe subsequent incorporation of any town or city,or extension of the limits of any town or city,shall fall within the city or town limits and shall by operation of law or otherwise terminate in respect to the said roads,rights-of-way or other county property so included with city or town limits; this franchise shall continue in force and effect to all county roads, rights-of-way or other county property not so included in city or town limits. XVI. REVOCATION/REMEDIES A. Revocation. In addition the right to revoke this franchise as set forth in Title 12 of the Mason County Code, if the Franchisee shall willfully violate, or fail to comply with any of the provisions of this franchise through willful or unreasonable neglect or fail to heed or comply with. any notice given the Franchisee under the provision of this grant, then Franchisee shall forfeit all rights conferred hereunder and this franchise may be revoked or annulled,after a public hearing by the Board of County Commissioners. The Franchisee shall not be relieved of any of its obligations to comply promptly with any provision of this franchise by reason of any failure of the County to enforce prompt compliance, and the County's failure to enforce shall not constitute a waiver of rights or acquiescence in the Licensee's conduct. Subject to the required consents adjudication, permission or authorization of a federal or state regulatory agency with jurisdiction over the subject matter,upon revocation of the franchise,the County may require the Franchisee to remove its utility facilities from any road rights-of-way,and restore such road right-of-way to its same or better condition as existed just prior to such removal,or de-commission and abandon such utility facilities in place in whole or in part and in a manner approved by the County Board of Commissioners. If the Franchisee fails to remove utility facilities that the County requires it to remove,the County may perform the work and collect the cost thereof from the Franchisee. The actual cost thereof,including direct and.indirect administrative costs,shall be alien upon all utility facilities of the Franchisee within the franchise Area effective upon filing of the lien with the Mason County Auditor. B. Remedies. The County has the right to exercise any and all of the following remedies, singly or in combination,in the event of Default. "Default"shall mean any failure of Franchisee or its agents to keep,observe,or perform any of Franchisee's or its agent's duties or obligations under this franchise: 1. Damages. Franchisee shall be liable for any and all damages incurred by County. 2. Specific Performance. County shall be entitled to specific performance of each and every obligation of Franchisee under this franchise without any requirement to prove or establish that County does not have an adequate remedy at law. Franchisee hereby waives the requirement of any such proof and acknowledges that County would not have an adequate remedy at law for 14 Franchisee's commission of an Event of Default hereunder. 3. Injunction. County shall be entitled to restrain, by injunction, the actual or threatened commission or attempt of an Event of Default and to obtain a judgment or order specifically prohibiting a violation or breach of this Agreement without, in either case, being required to prove or establish that County does not have an adequate remedy at law. Franchisee hereby waives the requirement of any such proof and acknowledges that County would not have an adequate remedy at law for Franchisee's commission of an Event of Default hereunder. 4. Alternative Remedies. Neither the existence of other remedies identified in this franchise nor the exercise thereof shall be deemed to bar or otherwise limit the right of the County to commence an action for equitable or other relief, and/or proceed against Franchisee and any guarantor for all direct monetary damages, costs and expenses arising from the Default and to recover all such damages, costs and expenses,including reasonable attorneys' fees. Remedies are cumulative;the exercise of one shall not foreclose the exercise of others. XVII. SUBSEQUENT ACTION In the event that after this franchise becomes effective, (a) there is a change in the law which broadens the authority of the County of Mason or the Franchisee with respect to any act permitted or authorized under this franchise; or (b)the County of Mason or the Franchisee believe that amendments to this franchise are necessary or appropriate, then the County of Mason and the Franchisee agree to enter into good faith negotiations to amend this franchise so as to enable the Parties to address, in a manner reasonably acceptable to all Parties, such change or other development which formed the basis for the negotiations. The Parties recognize that the purpose of the negotiations would be to preserve, to the maximum extent consistent with law, the scope and purpose of this franchise. Mason County reserves for itself the right at any time upon ninety(90) days written notice to the Franchisee, to so change, amend, modify or amplify any of the provisions or conditions herein enumerated to conform to any state statute or county regulation, relating to the public welfare, health,safety or highway regulation,as may hereafter be enacted,adopted or promulgated and this franchise may be terminated at such time a public hearing is held by the Board of County Commissioners,and the Franchisee's utility facilities are found not to be operated or maintained in accordance with such statute or regulation. XVIII. ACCEPTANCE Franchisee shall execute and return to the County of Mason a signed acceptance of the franchise granted hereunder. The acceptance shall be in the form of the acceptance attached hereto as Exhibit "A", and in accepting the franchise, Franchisee warrants that it has carefully read the terms and conditions of this franchise and accepts all of the terms and conditions of this franchise and agrees to abide by the same and acknowledges that it has relied upon its own investigation of all relevant facts, that it has had the assistance of counsel, that it was not induced to accept a franchise, that this franchise represents the entire agreement between the Franchisee and the County of Mason.In the 15 event the Franchisee fails to submit the countersigned ordinance and acceptance as provided for herein within the time limits set forth in this section,the grant herein is and shall become null and void. XIX. MISCELLANEOUS PROVISIONS A. Controlling Law/Venue. Any disputes concerning the application or interpretation of any of the provisions of this franchise shall be governed by the laws of the State of Washington. Venue of any action or arbitration brought under this franchise shall be in Mason County,Washington or the Western District of Washington if an action is brought in federal court,provided,however,that venue of such action is legally proper. B. Liens. Franchisee shall promptly pay and discharge any and all liens arising out of any Work done, suffered or permitted to be done by Franchisee on any Franchise Area. C. Waiver. No waiver by either party of any provision of this franchise shall in any way impair the right of such party to enforce that provision for any subsequent breach, or County of Mason's right to enforce all other provisions of this franchise. D.Attorney's Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this franchise, the substantially prevailing Party or Parties shall be entitled to reasonable attorney's fees,costs and necessary disbursements in addition to any other relief to which such Party or Parties may be entitled. E. Amendment. This franchise may be amended only by a written contract signed by authorized representatives of Franchisee and County of Mason. F. Severability. If any provision of this franchise is held to be illegal, invalid or unenforceable under present or future laws,such provision will be fully severable and this franchise will be construed and enforced as if such illegal, invalid or unenforceable provision is not a part hereof, and the remaining provisions hereof will remain in full force and effect. In lieu of any illegal,invalid or unenforceable provision herein,there will be added automatically as a part of this franchise; a provision as similar in its terms to such illegal, invalid or unenforceable provision as may be possible and be legal,valid and enforceable. G. Joint and Several Liability. Franchisee acknowledges that, in any case in which Franchisee and Franchisee's Contractors are responsible under the terms of this franchise, such responsibility is joint and several as between Franchisee and any such Franchisee's Contractors; provided that,the Franchisee is not prohibited from allocating such liability as a matter of contract. H. Notices. Any notice contemplated, required, or permitted to be given under this franchise shall be sufficient if it is in writing and is sent either by: (a)registered or certified mail, return receipt requested;or(b)a nationally recognized overnight mail delivery service,to the Party and at the address specified below,except as such Party and address may be changed by providing notice to the other Party no less than thirty (30) days' advance written notice of such change in 16 address. Franchisee: ORCHARD BEACH COMMUNITY GROUP 1217 SW ORCHARD ST S ,ArR "TWA 98-106 Attn: TAMES LODER_ SEC/TRE Grantor: County of Mason Public Works 100 Public Works Drive Shelton,WA 98584 I. Approvals. Nothing in this franchise shall be deemed to impose any duty or obligation upon the County of Mason to determine the adequacy or sufficiency of Franchisee's plans and specifications or to ascertain whether Franchisee's proposed or actual construction, testing, maintenance'repairs,replacement,relocation,adjustment or removal is adequate or sufficient or in conformance with the plans and specifications reviewed by the County of Mason. No approval given,inspection made,review or supervision performed by the County of Mason pursuant to this franchise shall constitute or be construed as a representation or warranty express or implied by County of Mason that such item approved, inspected, or supervised, complies with laws, rules regulations or ordinances or this franchise or meets any particular standard,code or requirement,or is in conformance with the plans and specifications,and no liability shall attach with respect thereto. County and inspections as provided herein, are for the sole purpose of protecting the County of Mason's rights as the owner or manager of the road rights-of-way and shall not constitute any representation or warranty,express or implied,as to the adequacy of the design,construction,repair, or maintenance of the utility facilities, suitability of the Franchise Area for construction, maintenance,or repair of the utility facilities,or any obligation on the part of the County of Mason to insure that work or materials are in compliance with any requirements imposed by a governmental entity. County of Mason is under no obligation or duty to supervise the design, construction, installation, relocation, adjustment, realignment, maintenance, repair, or operation of the utility facilities. J. Force Majeure. Neither Party hereto shall be liable to the other Party for any failure to perform an obligation set forth herein to the extent such failure is caused by war,act of terrorism or an act of God,provided that such Party has made and is making all reasonable efforts to perform such obligation and minimize any and all resulting loss or damage. K. Construction. All pronouns and any variations thereof shall be deemed to refer to the masculine,feminine or neuter,singular or plural,as the identity of the Party or Parties may require. The provisions of this franchise shall be construed as a whole according to their common meaning, except where specifically defined herein,not strictly for or against any party and consistent with the provisions contained herein in order to achieve the objectives and purposes of this franchise. 17 L. Incorporation by Reference. All exhibits annexed hereto at the time of execution of this franchise or in the future as contemplated herein, are hereby incorporated by reference as though fully set forth herein. M. Calculation of Time. All periods of time referred to herein shall include Saturdays, Sundays,and legal holidays in the State of Washington,except that if the last day of any period falls on any Saturday,Sunday,or legal holiday in the State of Washington,the period shall be extended to include the next day which is not a Saturday, Sunday,or legal holiday in the State of Washington. N. Entire Agreement. This franchise is the full and complete agreement of County of Mason and Franchisee with respect to all matters covered herein and all matters related to the use of the Franchise Area by Franchisee and Franchisee's Contractors,and this franchise supersedes any and all other agreements of the Parties hereto with respect to all such matters, including, without limitation,all agreements evidencing the franchise. O. No Recourse. Without limiting such immunities as the County or other persons may have under applicable law,Franchisee shall have no monetary recourse whatsoever against the County or its officials,boards,commissions, agents, or employees for any loss or damage arising out of the County's exercising its authority pursuant to this Franchise or other applicable law. P. Responsibility for Costs, Except as expressly provided otherwise,any act that Franchisee is required to perform under this franchise shall be performed at its cost. If Franchisee fails to perform work that it is required to perform within the time provided for performance, the County may perform the work and bill the Franchisee. The Franchisee shall pay the amounts billed within 30 days. Q. Work of Contractors and Subcontractors. Work by contractors and subcontractors is subject to the same restrictions, limitations, and conditions as if the work was performed by the Franchisee. The Franchisee shall be responsible for all work performed by its contractors and subcontractors,and others performing work on its behalf,under its control,or under authority of its utility permit,as if the work were performed by it and shall ensure that all such work is performed in compliance with this franchise, Title 12 MCC, the Manual and other applicable law, and shall be jointly and severally liable for all damages and correcting all damage caused by them. It is the Franchisee's responsibility to ensure that contractors, subcontractors,or other Persons performing work on the Franchisee's behalf are familiar with the requirements of the franchise,Title 12 MCC, the Manual, and other applicable laws governing the work performed by them. R. Survival of Terms. Upon the expiration, termination, revocation or forfeiture of the franchise,the Franchisee shall no longer have the right to occupy the franchise area for the purpose of providing services authorized herein. However,the Franchisee's obligations under this franchise to the County shall survive the expiration, termination, revocation or forfeiture of these rights according to its terms for so long as the Franchisee's utility facilities shall remain in whole or in part in the road rights of way. By way of illustration and not limitation, Franchisee's obligations to indemnify, defend and hold harmless the County, provide insurance and a performance/payment bond pursuant to Section XI and Franchisee's obligation to relocate its utility facilities pursuant to 18 Section VIII, shall continue in effect as to the Franchisee, notwithstanding any expiration, termination,revocation or forfeiture of the franchise, except to the extent that a County-approved transfer,sale,or assignment of the utility system is completed,and another entity has assumed full and complete responsibility for the utility system or for the relevant acts or omissions. S. Warranties. By acceptance of this franchise,Franchisee warrants: 1. That Franchisee has full right and authority to enter into and perform this Franchise in accordance with the terms hereof,and by entering into or performing this Franchise, Franchisee is not in violation of its charter or by-laws,or any law,regulation,or agreement by which it is bound or to which it is subject; and 2. That the execution,delivery,and performance of this Franchise by Franchisee has been duly authorized by all requisite Board/Commission action, that the signatories for Franchisee of the acceptance hereof are authorized to sign this Franchise,and that the joinder or consent of any other party, including a court, trustee, or referee, is not necessary to make valid and effective the execution,delivery,and performance of this Franchise and acceptance. DATED at Shelton,Washington this day of 20_. BOARD OF COMMISSIONERS APPROVED: MASON COUNTY, WASHINGTON County Engineer Chair Approve as to form: Vice Chair Chief D.P.A. Commissioner 19 Exhibit A ACCEPTANCE OF FRANCHISE Ordinance No. 115-06, effective November 14, 2006. 1, Erika E. Aust , am the Vice-President of Orchard Beach Community Group and am the authorized representative to accept the above-referenced franchise on behalf of Orchard Beach Community Group I certify that this franchise and all terms and conditions thereof are accepted by Orchard Beach Community Group ,without qualification or reservation. DATED this 8th day of September 52021 . FRANCHISEE By: Its: ice-President Tax Id. No. 91-0982163 STATE OF } ss. COUNTY OF MAIAS p w ) I certify that I know or have satisfactory evidence that ��k oti, "s is the person who appeared before me,and said person acknowledged that he/ signed this instrument,on oath stated that hel(Pwas authorized to execute the instrument and acknowledged as the Vk 4 YES ti -f of the C)y-c_ -,d Rem,►„ C2v*q to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: NOTARY PUBLIC Notary ItAblic 87Jk1E OFVVABHfiQTON Print Name 0•V11. e. CAS IM-t+t1 EA MN OD.DSWTH My commission ex res 51z0 12r4u2_3 U0.Np.20WO MYM91W?%E*h" MAY 20 2= A EXHIBIT B Description of Franchise Area e i Pa el#221 5 1 ' i G r' r t� �F J � xhibit B Description of Franchise Area B NOTICE OF HEARING NOTICE IS HEREBY GIVEN that the Board of Mason County Commissioners will hold a live stream public hearing at http://masonwebtv.com/on Tuesday,October 26, 2021 at 9:15am. SAID HEARING will be to consider the franchise agreement with Orchard Beach Community Group to construct,operate and maintain their water system along Orchard Beach Drive. Pursuant to Proclamation by the Governor 20-28.9, in-person attendance to Commission meetings is temporarily restricted and during this time we will accept public testimony using Zoom. The URL is available on the County website—www.co.mason.wa.us to sign into the meeting. Please use the"raise hand"feature to be recognized by the Chair to provide your testimony. You can also email testimony to msmithgco.mason.wa.us or mail to Commissioners Office, 411 North 5 h Street, Shelton, WA 98584; or call 360-427-9670 ext. 230. If special accommodations are needed,please contact the Commissioners' office, (360)427-9670 -Shelton, (360)482-5269 -Elma or(360)275-4467 -Belfair, Ext. 419 DATED this 28 h day of August 2021. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASH NGTON Clerk of the Board Cc: Auditor Clerk of the Board Public Works Applicant Journal-Publ 2t: 10/7/21 & 10/14/21 (not less than 5 days prior to hearing) Post: 3 public places 15 days before hearing—No later than 10/11/21 (Bill Public Works— 100 W Public Works Drive, Shelton, WA 98584) MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: : Richard Dickinson, Deputy Director/ Utilities and Waste Management DEPARTMENT: Public Works EXT: 652 BRIEFING DATE: September 20, 2021 INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human Resources i i Legal ❑ Other — please explain ITEM: Lakeland Pump Station Replacement EXECUTIVE SUMMARY: One of the two pumps at the Lakeland pump station sustained a failure and is currently non- operable. This failure was a contributory reason an overflow occurred and spilled sewage into Anderson Lake. Estimates to repair this pump came in between approximately $61k-$64k for parts and labor. Public Works would like to purchase two new pumps in order to have a backup for any future pump failures. The Water/Wastewater Manager has received two quotes for the purchase of two new pumps and is waiting on a third quote. Reiner Pump Systems currently has the lowest bid with an estimated cost of $38,353.28 for the two new pumps, plus another $1,500 to wire and install one pump. We anticipate receiving the third quote before requesting Commissioner approval at the September 28th commission meeting, however, they may continue to be non-responsive. Cost Impact to the County The cost of two new pumps will be approximately $40k. This purchase would be made through Fund #403, North Bay Sewer. No general fund money would be used on the purchase. RECOMMENDED OR REQUESTED ACTION: Recommend the Board authorize the Public Works U&W Division to purchase two new pumps for the Lakeland pump station. Attachment: 1. Quotes Briefmg Summary Seattle,WA REI ER _�ON EMAIL rbrusca@reinerpump.com OFFICE TEL 855.758.1188 CELL 253.355.0112c� Water and Wastewater Specialist www,reinerpump.corn �"'� PUMP SYSTEMS - September 141h, 2021 Ref: Lakeland Pump Station Replacement Dear Mr. Dickinson, Reiner Pump Systems, Inc. is pleased to offer the following equipment for your consideration. We've applied a 3%discount for a quantity of(2) units purchased. Please let me know if you have any questions. Item Description Qty Unit Total 10 XRFPM101G CB1.2 PE300/2,460V,3phase,3450 2 $15,871.14 $31,742.28 20 XFP to Flygt Conversion Bracket 6" 2 $2,656.83 $5,313.66 30 CA 462-Seal Leak/Over Temp Relay, 110- 2 $398.67 $797.34 230VAC 40 Shipping - $500 $500 Estimated Sub-Total: $38,353.28 Pricing will include Reiner Pump Systems Supervision on Start-Up Services Any services above supervision will include addition costs(e.g.electrical,crone,etc..) Sincerely, Ryan Brusca Reiner Pump Systems, Inc. SULZER d SULZER usim, co 1 PnmE nF1J1-F 'fE'Franklin Electric Product description SULZER Pos.no Description 1 Item no. Quant 2 XFP101G CB1 60HZ (wet pit/dry pit) 2.1 Centrifugal pump: XFP101G CB1 (wet pit/dry pit) 1 XFP PE1-3 Type:XFP101G CB1 (wet pit/dry pit) Submersible sewage pump type ABS XFP is designed for municipal and industrial wastewater equipped with Premiu Efficiency(IE3 level) motor for: Main applications -Water and wastewater -Sewage containing solids and fibrous material -Sewage with sludge and high content of rags -Industrial raw water -Municipal combined sewage and storm water systems. Main design features -Premium efficiency IE3 motors in acc.with IEC60034-30 -Approval for ATEX (Ex II 2G k Ex db IIB T4 GB), FM and CSA as standard -Water pressure-tight encapsulated fully flood-proof motor -Motor insulation according to Class H (140°C temperature sensors) -Temperature rise according to NEMA Class A -Continuously rated motor suitable for wet and dry installation as standard for PE1 and PE2 in 50Hz. Optional for 60Hz -PE3 has the option of internal closed loop cooling system for dry installation -EMC version as option for PE1-3 -Condition monitoring of temperature and water ingress. -Solid passage min. 75 mm and greater for CB Plus -Hydraulics with open CB Plus type single and multi-vane(PE3)or vortex impellers suitable for handling of water, polluted water, sewage containing solids, faecal slurry and sludge 50Hz Capacity up to 750 m3/h Head, max. 74 m 60Hz Capacity up to 3500 US g.p.m. Head, max. 330ft Type:XFP101G CB1 (wet pit/dry pit) Technical data Delivery rate 441,4 US g.p.m. Delivery head 170,4 ft Hydr. Efficiency : 58,34% Total efficiency : 54,12% Shaft power 33,07 hp Speed : 3552 rpm Impeller type : Contrabloc impeller, 1 vane Motor output : 40,23 hp Voltage : 460 V Frequency : 60 Hz Suction outlet : DN100 Discharge outlet : DN100 WECI Whitney Equipment Company, Inc 16120 Woodinville-Redmond Road Suite 3 Woodinville, WA 98072 www.weci.com 800-255-2580 Quote#: 36523R1 Date: 7/15/2021 To: Mason County PUD From: Attn: Justin Phelps Whitney Equipment Company Phone: 360-427-9670 x 457 Laura Haggard Email: jphelpspco.mason.wa.us Justin, Here is the price you requested for a Flygt submersible pump to replace your existing CP-3201.095 S/N 0160028 pump at Lakeland Lift Station. I understand that the duty point for the station is roughly 360gpm at 195ft TDH and the power is 460V,3ph. The price for a new pump is as follows: ITEM QTY. PART# DESCRIPTION TOTAL 1 1 32020950524 Flygt NP-3202.095 including: 50HP Explosion Proof Motor Stainless Steel Cooling Jacket 50ft cable for 460V,3ph 275 Hard Iron N impeller 1 day Start up assistance $44,873.00 Ocean Freight to Shelton,WA $1,300.00 Sales Tax at 8.8% $4,063.22 TOTAL $50,236.22 Please make ensuing purchase orders to: Whitney Equipment Company,Inc. FOB: Port of Entry, freight is estimated above This quote is valid for 30 days. Terms: Net 30 days on approved accounts Lead Time: 14-16 weeks ARO If you have any questions,please give me a call. Sincerely, Laura Haggard Cc: Steve Clark,Inside Sales MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Dave Windom DEPARTMENT: Community Services EXT: 260 BRIEFING DATE: 9/20/21 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information ITEM: Eviction Rent Assistance Contracts with the Department of Commerce EXECUTIVE SUMMARY: Commerce has created a new Eviction Rent Assistance Program 2.0 and highly recommend counties to opt-in to this new program and opt-out of T-RAP 1.0 to avoid the administrative burden of the Treasury program and be better able to serve households in need of rent relief. Commerce was appropriated $403,000,000 of the Coronavirus State Fiscal Recovery Funds (CSFRF) in addition to the $255,000,000 in T-RAP 2.0 (ERA 2). Because the CSFRF funds are flexible and do not come with program requirements, the Dept. of Commerce has created a program modeled after the original Eviction Rent Assistance Program (ERAP) called ERAP 2.0. Mason County's award is projected to be: $4,622,754. ERAP 2.0 will launch on October 1, 2021 and run through June 30, 2023. The Dept. of Commerce anticipates this program to be much less administratively burdensome than T-RAP. This will lessen the administrative and document collection requirements that will allow more tenants and landlords to receive assistance faster. Our subcontractors support the transition from the T-RAP program to ERAP 2.0. BUDGET IMPACTS: Grant funded - no impact to the general fund PUBLIC OUTRACH: (Include any legal requirements, direct notice, website, community meetings, etc.) Continue to work with subcontracted agencies to provide a smooth transition in eviction rent assistance program funding, facilitate connections with the dispute resolution center and assist with community communication marketing efforts. Briefing Summary 9/16/2021 RECOMMENDED OR REQUESTED ACTION: Recommend Mason County Community Services Department to opt-in to the new ERAP 2.0 program and submit the application for this grant. ATTACHMENTS: None Briefing Summary 9/16/2021 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Dave Windom DEPARTMENT: Community Services EXT: 260 BRIEFING DATE: 9/20/21 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information ITEM: Contract with Quixote Communities EXECUTIVE SUMMARY: Quixote Communities would like to extend the contract 1 year due to construction costs and delays. Quixote Communities is requesting a second contract extension for the following reasons: Construction costs continue to increase and delays due to materials on backorder; Quixote is going to ask the Legislature to raise their per-unit cost cap. The current limit is $135k per-unit cap for the full development of the project. They need legislature approval in the new budget to get that changed. It may not be approved until April 2022 when the legislative session ends. Additionally, on March 16, 2021, Quixote applied for L&I factory-build modular housing permit. After 3 months L&I reviewed and commented on these drawings and the project provided requested updates. L&I stated that they will not review these requested updates for another 10- 12 weeks or until Dec 2021. Quixote is requesting flexibility to start construction work when the timing is right rather than starting work because a funding deadline is approaching. They do not want to break ground until they are within their cost-cap. BUDGET IMPACTS: None PUBLIC OUTRACH: RECOMMENDED OR REQUESTED ACTION: Recommend approval of the one-year extension ATTACHMENTS: Amendment Briefing Summary 9/16/2021 Contract Between Mason County Community Services Department of Public Health and Quixote Communities Professional Services Contract number QC.2060.2020.1 (MC Contract#20-022) Amendment # 2 The purpose of this amendment is to extend the contract deadline. IT IS MUTUALLY AGREED THEREFORE: That the Original Contract is hereby amended as follows: 1. Contract Term A. The contract expiration date and performance period is extended through September 30, 2022. ALL OTHER TERMS AND CONDITIONS of the original Contract and any subsequent amendments hereto remain in full force and effect. IN WITNESS WHEREOF, the undersigned has affixed his/her signature in execution thereof on the day of 12022. Quixote Communities MASON COUNTY COMMISSIONERS Signature Randy Neatherlin, Chair Mason County Board of Commissioners Title Date 1 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Kell Rowen DEPARTMENT: Planning EXT: 286 BRIEFING DATE: September 20, 2021 PREVIOUS BRIEFING DATES: June 28, July 12, and September 13, 2021 If this is a follow-up briefing, please provide only new information INTERNAL REVIEW (please check all that apply): X Budget/Finance ❑ Human Resources ❑ Legal X Other: Public Works ITEM: Update on the Planned Action EIS for Belfair. EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): Mason County Community Development and BERK Consultant Team are preparing a Planned Action EIS for Belfair. The consultant team has been working on supplemental information based on comments received on the Draft. This briefing is an update on where we are at in the process and next steps. BUDGET IMPACT: None RECOMMENDED OR REQUESTED ACTION: Update and discussion only. ATTACHMENTS: None Briefing Summary 9/15/2021