HomeMy WebLinkAbout2021-2023 Collective Bargaining Agreement for Probation Services COLLECTIVE BARGAINING
AGREEMENT
January 1 , '2021 - December 31 , 2023
BETWEEN
TEAMSTERS UNION LOCAL NO. 252
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a
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AND
MASON COUNTY
PROBATION SERVICES
o COORIGINAL
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2021-2023 Probation Teamster's Collative Bargaining Agiwmcnt Page 1
TABLE of CONTENTS
ARTICLE 1 -DEFINITIONS ............................................................................................................................5
ARTICLE 2-RECOGNITION..........................................................................................................................6
2.1 RECOGNITION.....................................................................................................................................6
2.2 NEW CLASSIFICATIONS.......................................................................................................................6
ARTICLE 3-UNION SECURITY ....................................................................................................................7
3.1 UNION REPRESENTATION.......-...........................................................................................................7
3.2 NONDISCRiMINATiON-UNION ACTIVITY...............................................................................................8
ARTICLE 4-UNION /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
ARTICLE 5-EMPLOYMENT. ......................................................................................................................10
5.1 PROBATIONARY PERIODS..................................................................................................................10
5.2 TYPES OF EMPLOYMENT....................................................................................................................10
5.3 CONTRACTORS.................................................................................................................................11
5.4 STUDENTS/INTERNS..........................................................................................................................11
ARTICLE 6-HOURS OF WORK AND OVERTiME.....................................................................................11
6.1 WORK-DAYIWORKWEEK................................................................................................................... 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........................................................................................................................A4
7.2 JOB POSTING...................................................................................................................................14
7.3 PROMOTIONS...................................................................................................................................A 4
7.4 PERSONNEL.FILE[POLICIES .............................................................................................................15
7.5 EVALUATIONS ............................................................................................................A 6
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
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8.11 ORDER OF LAYOFF...........................................................................................................................22
8.12 COMPARABLE EMPLOYMENT.............................................................................................................22
8.13 LAYOFF OPTIONS .............................................................................................................................22
8.14 REDUCTION HOURS I FTE.................................................................................................................24
8.15 RECALL............................................................................................................................................24
8.16 VACATION&LEAVE CASH OUTS I 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
10ALONGEVITY.................................................................................................................................27
ARTICLE 11 - 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
ARTICLE12-VACATION ............................................................................................................................28
12.1 VACATION ACCRUAL....................................................................................................................28
12.2 VACATION SCHEDULING..............................................................................................................29
12.3 VACATION PAY ... .......................................................................................................................30
.
12.4 VACATION UPON TERMINATION....................................................................................................30
ARTICLE13-SICK LEAVE ..........................................................................................................................30
13.1 SICK LEAVE ACCRUAL.................................................................................................................30
13.2 SICK LEAVE USAGE ...................................................................................................31
13.3 SHARED LEAVE...........................................................................................................................31
13A COORDINATION-WORKER'S COMPENSATION ..............................................................................31
13.5 FAMILY MEMBER.........................................................................................................................32
13.6 SICK LEAVE CASH OUT...............................................................................................................32
ARTICLE 14-LEAVES OF ABSENCE........................................................................................................32
14.1 IN GENERAL................................................................................................................................32
14.2 JURY DUTY I 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
ARTICLE 15-- HEALTH &WELFARE..........................................................................................................34
15.1 HEALTH AND LIFE INSURANCE.....................................................,...............................................34
15.2 RETIREMENT.................................................................................................. ............. ..............35
ARTICLE 16-TRAINING...............................................................................................................................35
16.1 TRAINING....................................................................................................................................35
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16.2 TRAINING REIMBURSEMENT.........................................................................................................36
ARTICLE 17--LABOR 1 MANAGEMENT COMMITTEES............................................................................36
17.1 PURPOSE OF COMMITTEE............................................................................................................36
17.2 COMPOSITION OF COMMITTEE......................................................................................................36
17.3 COMPENSATiON..........................................................................................................................37
ARTICLE 18- 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 DEFINE❑ ..................................................................................................................38
19.2 GRIEVANCE PROCEDURE.............................................................................................................38
19.3 UNiON1EMPLOYER GRIEVANCE....................................................................................................40
19.4 SCHEDULE OF MEETINGS............................................................................................................140
ARTICLE 20- NO STRIKEIN❑ LOCKOUT...................................................................................................40
20.1 No STRIKEINO LOCKOUT............................................................................................................40
ARTICLE 21 --MANAGEMENT RIGHTS AND RESPONSIBILITIES...........................................................41
21.1 MANAGEMENT RIGHTS AND RESPONSIBILITIES.............................................................................41
ARTICLE 22 GENERAL PROVISIONS. .....................................................................................................42
22ASAVINGS CLAUSE........................................................................................................................42
ARTICLE 23-ENTIRE AGREEMENT..........................................................................................................42
23.1 DURATION CLAUSE.....................................................................................................................42
23.2 ENTIRE AGREEMENT...................................................................................................................42
SIGNATURES ................................................................................................................................................43
APPENDIX[A-JOB CLASSIFICATIONS &WAGE TABLE........................................................................44
EFFECTIVE JANUARY 1, 2021.....................................................................................................................44
EFFECTIVEJANUARY 1, 2022.....................................................................................................................44
EFFECTIVE JANUARY 1, 2023.....................................................................................................................44
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," d❑
hereby enter into this Agreement for the purposes of promoting harmonious relations and efficiency.
Pursuant to RCW 41.56.030,the Ern ployerfor 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:
1.1 "Bargaining Unit" (Union)shall be Teamster Union Local No. 252.
1.2 "Division" refers to the Division of Adult Probation Services and Juvenile Probation Services.
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 VVAC 296-128-500.
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 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.
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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 1It or the IV 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, Mason County Superior Court and Mason County
District Court, recognize that the Teamster Union Local No. 252, Centralia and Olympia,
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 1957. 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 postedladvertised 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 classifications) 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).
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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 orjointly. 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 1 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
disability or 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.
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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.
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
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 Sam 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.
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(99)days from the date of hire,which will take place at the employee's
regular works ite 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.
2021.2023 Probation Tearnster's Collective Bargaining Agreement ID 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.
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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
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
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
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.
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.
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 AN 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.
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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 worm-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
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 employees). Employee(s) will have available four tens (4-
1 g'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 (4-1 D) 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 worm
schedule adjustments shall not result in the application of the overtime provisions.
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
2021-2023 Probation Teamster's Collective Bargaining Agreement Page 12
not required to come into work, will be compensated at a minimum of one-half(112)
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
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
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 %)hours for the work performed; or, at the request of the employee, accumulate comp time.
Please refer to Article 6.6 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 '/2)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 '/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
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
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 (1 112) 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 camp 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.
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Compensation shall not be paid (nor camp 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
Linder 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.
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.
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 (1 a) days forbidding 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.
Bj 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.
Cf 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 small 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
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
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 1 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.
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 grievabce 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.
i
Medical files shall be kept separate and confidential in accordance with state and federal law.
2021-2023 Probation Tearnster s Collective Bargaining Agreement 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.
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.
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.
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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)
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;
7.6.3 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;
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.
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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.
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 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.
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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
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 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 employees). 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
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
I
2021-2023 Probation Teamster's Collective Bargaining Agreement 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:
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.
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.
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.)
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 classification(s) 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.
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 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)."
The feast 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
2 021-202 3 Probation Teainster's Collective Bargaining Agreement 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 ❑RDER 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
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.
ri,
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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
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.
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 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
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.
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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
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.
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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
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 CASK OUTS I 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.
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
1/1/2D21 .75%
1/112D22 .75%
1/1/2D23 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.
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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 himlher
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 CAL.-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 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.
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
A Providing work coverage for a currently vacant position.
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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:
Be i n ning in 111"and conti nuing thru 1511' years 1.5% above base
Beginning in 16111 and continuing thru 201" years 3.0% above base
Beginning in 21st and continuing thru 25t" years 4.5% above base
Beginning in 261 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 Thanksgiving Da
President's Da -Day After Thanksgiving
Memorial Day Christmas Eve
Juneteenth Effective 6119/22 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) 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 whole 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.
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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.
111.5 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
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.
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:
I"through 31 year of employment 96 hours
41h through 71h year of employment 120 hours
8th through 9ttl year of employment 144 hours
101 through 11th year of employment 160 hours
12th through 14th year of employment 176 hours
1511 through 1611 year of employment 184 hours
17th through 1 gth 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(lire 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.
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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
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.
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.
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:
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 11t 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"
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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.
ey 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.
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
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.
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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.
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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.
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
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 he allowed authorized leave with pay less any amount received
for such duty.
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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 sicklvacation 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 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
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.
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.
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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 WAG 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).
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 camp 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
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
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
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.
2021-202.3 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
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
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.
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.
2021-2023 Probation Teamster'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 139-19-21 g, 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 giver] 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 Pair 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
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.
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
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.
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.
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.
2021-2023 Probation Teamster's Collective Bargaining Agreement 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.
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 StewardlUnion
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 Probation Teamster's Collective BargaHng 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 (34)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 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.
S. 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.
�I
2021-2023 Probation Teamsters Cal lective 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 UNIONIEMPLOYER 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 STRIKEINO 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 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.
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.
CaseworktWorkload 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
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.
202I-2023 Probation Teamster's Collective Bargaining Agreement Page4l
B. Management shall have the right to establish other volunteer programs which support
and assist existing Bargaining Unit worm.
ARTICLE 22 -GENERAL PROVISIONS
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.
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.
Either party may request negotiations of a successor agreement within ninety (99) 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 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.
2021-2023 Probation Teamster's Collective Bargaining Agreement Page 42
SIGNATURES
IN WITNESS WHEREOF, the parties hereto have executed this Agreement this
zah- Day of .12021.
MASON COUNTY COURTS BOARD OF COUNTY COMMISSIONERS
Monty Cobb; Ra y Neatherlin; Commissioner
JUDGE OF THE SUPERIOR COURT District#1
Amb ay; Kevin Shu y; C mmissioner
JUDGE OF THE S RIOR COURT District#2
f
Goo a Sharon Trask; Commissioner
JUDGE OF THE UPERIOR COURT District#3
George A Steele;
JUDGE OF THE DISTRICT COURT
4JILl-
Jam adsen;
CH It F &UPERIOR COURT ADMINISTRATOR
CZ-
2-Patsy Robinson;
ADMINISTRATOR
TE�AMSTERS LOCAL No. 252
9ines` Sh di Cardin; u
s Agent
TEAMS RS LOCAL No. 252
Brian Blaisdell; Secretary-Treasurer
2021-2023 Probation Teamster's Collective Bargaining Agreement Page 43
Appendix A -- Jab Classifications & Wage Table
Effective January 1, 2021
**Advancement from one step to the next is annual and on the employee's anniversary 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 Asst. $4.249.54 $4,421.11 $4,526.67 $4,636,88 $4,749A0 $4,8W99 $4,990.71 $5,153.85
Asst.Probation $3.814.05 $3,968.05 $4,063.58 $4,164.38 $4,264.01 $4,367.22 $4,476.40 $4,622.73
Officer
Probation Officer $4,626.10 $4,812,87 $4.921.76 $5,047.20 $6,172.64 $5.299.25 $5,431.72 $5,609.27
Lead Probation $5,088.71 $5,294.15 $5.413.93 $5,551,93 $5.689.92 $5.829.22 $5.974.96 $6,170.27
Officer
Court Program $5.088.71 $5,294.15 $5.413.93 $5,551.93 $5,689.92 $5.829.22 $5,974.96 $6,170.27
Coordinator
Effective January 1, 2022
"Advancement from one step to the next is annual and on the employee's anniversary 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 $4.886,63 $6,046.25 $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 $4,773.84
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 $5,693.57 $5,732.59 $5,872.94 $6,019.77 $6,216.55 $6,371.96
Officer
Court Program $5.126.88 $5.333.86 $5,454.53 $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 em to ee's anniversary date.
Classification Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10
Office Tech $3,473.06 $3,559.88 $3,648.88 $3,740.11 $3,833.61 $3.929.45 $4,027.68 $4.159.34 $4,263.32 $4,413.61
Accounting Tech $4.205.49 $4,375,28 $4.434.23 $4.687,14 $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 $5,375.54 $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 $44703.97 $4,821.58 $44991.54
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 $5.454.53 $5.649.51 $5,789.92 $5,931,67 $6,079.97 $6,278,72 $6,435.68 $6.662.54
Coordinator
2021-202 3 Froba lion Teamster's ColiectiYe Bargaining Agreement Page 44