HomeMy WebLinkAbout69-11 - Res. Implementing Mason County's Last, Best, and Final Offer for Collective Bargaining AgreementRESOLUTION NO. (gel - i t
TO IMPLEMENT MASON COUNTY'S LAST, BEST
AND FINAL OFFER FOR A COLLECTIVE BARGAINING AGREEMENT
BETWEEN MASON COUNTY AND AFSCME LOCAL 1504
WHEREAS, RCW 36.16.070 states that ...the Board shall fix the compensation of all
employees...; and
WHEREAS, RCW 41.56, Public Employees' Collective Bargaining, governs the collective
bargaining process between Mason County and its exclusive bargaining representatives; and
WHEREAS, representatives of Mason County and AFSCME Local 1504 commenced bargaining
for a successor collective bargaining agreement on November 10, 2010, which resulted in a
tentative agreement between the parties on April 13, 2011. Ultimately, the County's last, best
and final offer on April 13, 2011, did not result in a ratified agreement between the parties after
two attempts. The last unsuccessful vote occurred on September 29, 2011, and the prior
agreement expired December 31, 2009; and
WHEREAS, RCW 41.56.123(1), permits the County to unilaterally implement its last, best and
final offer, provided there is no subsequent agreement one year after expiration of the previous
collective bargaining agreement;
NOW, THEREFORE BE IT RESOLVED that the Board of County Commissioners does hereby
implement the last, best and final offer presented to AFSCME Local 1504, which shall take
effect upon the signing of this Resolution.
Approved this?
ATTEST:
i•
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F
day of October, 2011.
annon Gou1� o the
APPROVED AS TO FORM:
and
Tim Whitehead, Chief Deputy Prosecuting Attorney
BOARD OF COUNTY COMMISSIONERS
MASO COUNTY, WASHINGTON
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Ring Erickson, C airperson
Tim Sheldon, Commissioner
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edit
Steven Bloomfield, Commissioner
BY AND BETWEEN
MASON COUNTY
AND
LOCAL 1504
OF THE
WASHINGTON STATE COUNCIL
OF COUNTY AND CITY EMPLOYEES
AND THE
AMERICAN FEDERATION OF STATE,
COUNTY AND MUNICIPAL EMPLOYEES
AFL-CIO
October 11, 2011
through
December 31, 2013
TABLE OF CONTENTS
ARTICLE TITLE
Preamble 4
Non-Discrimination/Sexual Harassment 4
II Recognition and Bargaining Unit 5
III Union Security 6
IV Hours of Work 7
V Annual Leave 9
VI Holidays 11
VII Sick Leave/Family Leave 11
VIII Bereavement Leave 12
IX Health Care Insurance 13
X Grievances 13
XI Disciplinary Actions 15
XII Probationary Period 16
XIII Promotions, Transfers and Demotions 16
XIV Working Out of Classification 18
XV Stewards and Union Representation 18
XVI Senionty, Layoff and Recall 19
XVII Employee Rights 21
XVIII Wages - Salary Schedule 21
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TABLE OF CONTENTS
Page 2
ARTICLE TITLE
XIX Leave of Absence 23
XX Labor Management Committee 24
XXI Savings Clause 24
XXII Subordination of Agreement 24
XXIII Term and Duration of Agreement 24
Signatures 26
Attachment A - Salary Schedule
Attachment B - Classification and Range Plan
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PREAMBLE
Section 1. The Employer and the Union agree that the effective, efficient and
uninterrupted performance of governmental service to the community is their common
objective In order to assist them in achieving that objective, this Agreement represents
the establishment of fair and reasonable compensation and working conditions for the
employees of the County through the collective bargaining process. The Employer and
the Union recognize that the success of these objectives depends upon the Employer's
success in establishing the service upon the ability and creative contributions of the
employees, and upon the joint efforts of both parties in improving the service. Therefore,
the Employer and the Union encourage, to the greatest degree possible, friendly and
cooperative relations between their respective representatives at all levels and among all
employees.
Section 2. This Agreement is between the Board of Mason County Commissioners and
Mason County Elected Officials (except Sheriff, Superior Court Judge, Coroner, and
Prosecuting Attorney), hereinafter called the Employer, and Mason County, Washington,
Public Employees Local Union No 1504 of the American Federation of State, County and
Municipal Employees, AFL-CIO, and its Council 2, the Washington State Council of
County and City Employees, hereinafter called the Union, for the purpose of setting
salaries, benefits and conditions of employment of those employees for whom the Public
Employment Relations Commission has certified the Union as the collective bargaining
representative.
ARTICLE I — NON-DISCRIMINATION/SEXUAL HARASSMENT
S ection 1. Mindful of their legal and moral obligations, the parties agree that in their
service to the public they will provide equal treatment and respect for all including the
public, as well as the parties to this Agreement. The Employer and the Union agree that
they will not discriminate against any employee by reason of race, color, creed, national
origin, physical handicaps, physical characteristics, sexual orientation, sex, age, place of
residence and marital or family status as long as the employee is capable of meeting the
job requirements.
S ection 2. 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.
Section 3. Whenever words denoting gender are used in this Agreement, they are
intended to apply equally to either gender.
S ection 4. The Union and the County mutually agree that sexual harassment of
bargaining unit employees in any form is prohibited. The Union and the County mutually
agree to comply with the County's Sexual Harassment Policy.
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ARTICLE II - RECOGNITION AND BARGAINING UNIT
Section 1. The Employer recognizes the Union as the exclusive collective bargaining
representative for all employees within the Offices of the Auditor Assessor, Treasurer,
and County Clerk, the Division of Emergency Management within the Public Works
Department, and District Court. Excluded are appointed officials as pursuant to statute,
e mployees represented by another bargaining unit, confidential employees, contractual
e mployees as certified by the Public Employment Relations Commission, temporary
e mployees with a duration of less than 1040 hours within any 12 month period the Chief
Accountant Elections Superintendent and Chief Deputy in the Auditor s office, the
Administrative Supervisor in the Treasurer's Office, the Chief Deputy and Chief Appraiser
in the Assessor's Office, Chief Deputy in the Clerk's Office, and the District Court
Administrator In unusual circumstances the parties may agree to extend the 1040 hours
threshold for temporary employees.
Section 2. 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 Elected
Officials/Department Heads of the departments named in Section 1 above.
Section 3. Management Rights: Except as specifically abridged, granted, delegated or
modified by this Agreement, including amendments, the County acting through the Board
of Commissioners on issues regarding financial matters, and the Elected Officials acting
individually retains all legal and inherent exclusive rights with respect to matters of
legislative and managerial policy. Furthermore, the elected official and County 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
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 number of
personnel required to accomplish the governmental operations and maintain
the efficiency thereof.
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G. Assign work and schedule employees.
H Establish work rules and rules of conduct.
I Evaluate employee performance.
J. Layoff or reduce any employee from duty due to lack of work or insufficient
funds. Layoff means 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.
K. Take all actions necessary to carry out the mission of the County in
emergencies.
Section 4. Subcontracting: The employer may for economic reasons, contract for
services presently being performed by Union members. At least forty-five (45) days prior
to reaching a decision to subcontract, the County shall advise the Union in writing that the
County is considering subcontracting for services presently being performed by Union
members. 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. Although the
County has the final decision on whether to subcontract, that decision must be based on
economic response after considering alternatives presented by the Union. 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.
ARTICLE III - UNION SECURITY
Section 1. Membership in AFSCME Local 1504 shall be a condition of employment with
the Employer for all employees of the bargaining unit. All current bargaining unit
employees who have been employed by the Employer for one (1) month or more shall
immediately become and remain union members in good standing. All new employees
within the bargaining unit shall become and remain members in good standing by not less
than one (1) month from their date of hire.
Section 2 In accordance with RCW 41.56.122, employees covered by this Agreement
who based on bona fide religious tenets or teachings of a church or religious body of
which they are a member have the right of non -association, shall contribute an amount
equivalent to regular union dues and initiation fees to a non -religious charity or to another
charitable organization mutually agreed upon by the employee affected and the
bargaining representative to which such employee would otherwise pay the regular
monthly dues.
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Section 3. Failure by an employee to abide by the above provisions shall constitute
cause for discharge of such an employee; provided that when an employee fails to fulfill
the above obligation the Union shall provide the employee and the Employer with thirty
(30) calendar days notification of the Union's intent to initiate discharge action and during
this period the employee may make restitution in the amount which is overdue.
Section 4. The Union agrees that it will indemnify, defend and hold the Employer
harmless from actions brought against the County arising out of application of this Article.
Section 5. The Employer shall inform candidates for positions within the bargaining unit
of the Union Security requirement. 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 Steward the name and other pertinent information regarding
new hires. The Union shall be responsible for securing and delivering to the Auditor's
office the authorizations for payroll deductions of Union dues The Auditor will calculate
and deduct the amount of Union dues to be paid for each employee.
ARTICLE IV - HOURS OF WORK
Section 1. 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 hours for
full-time employees covered by this Agreement shall normally be 8:00 a.m. to 5:00 p.m ,
unless a County office or department establishes an alternate work schedule pursuant to
Section 3, below
A. The regular workweek shall normally consist of five (5) consecutive workdays,
Monday through Friday.
B. The County may modify the regular workweek to support special purposes at
specified periods of time (for instance, elections, Apnl/October tax receipt
collections, and annual property revaluations) provided employees receive at
least five (5) working days' notice of the schedule change.
C. 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.
D. Regular part-time employees normally are scheduled to work less than forty
(40) hours per workweek.
E Hours shall be extended outside of normal business hours as necessary to
allow for the uninterrupted and efficient operation of District and Superior
Court as determined by the sitting judge.
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Section 2. Flex Time: An earlier or later starting time may be adopted for any or all
employees. Such starting time shall be mutually agreeable with the Department
Head/Elected Official and the employees and shall not result in the application of the
overtime provision, but shall be paid at the regular rate for an eight -hour work day.
Section 3. Alternate Work Schedule: Workweeks and work shifts of different numbers of
hours and/or workdays may be established by the Elected Official/Department 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/Department Head Employees may
request an alternate work schedule, which is subject to approval by the Elected
Official/Department Head.
Section 4. Overtime: Any full-time employee who works more than eight (8) hours in a
day or more than forty (40) hours in a workweek shall be paid one and one-half (1 1/2)
times their straight -time hourly rate for all such overtime hours worked; unless, however,
the employee is assigned an alternate work schedule. Employees assigned to a four -ten
work schedule shall be paid one and one-half times their straight -time hourly rate for all
hours worked beyond ten (10) hours in a day or more than forty (40) hours in a workweek.
Employees scheduled to work less than forty (40) hours in the workweek shall be paid at
the rate of one and one-half times their straight -time hourly rate for all hours worked
beyond forty (40) in the workweek. Overtime shall be compensated for and accounted for
in six (6) minute increments (i.e. to the nearest one -tenth of the hour).
Section 5. Compensatory Time: The Elected Official/Department Head may authorize
compensatory time in lieu of overtime compensation and if so, the employee shall
receive compensatory time at the time -and -one-half (1 1/2) rate. Employees hired before
January 1, 2011, may accrue up to two hundred forty (240) hours of compensatory time.
All compensatory 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
compensatory time The scheduling of compensatory time off shall be requested and
approved in the same manner as annual leave.
Section 6. Any work required on a weekend (Saturday and/or Sunday) or holiday shall be
paid at double the straight -time hourly rate for all such hours worked, except departments
which require a five (5) day week including a Saturday as a normal work day, i.e Tuesday
through Saturday.
Section 7. Any employee requesting to work overtime on a Saturday in lieu of working
overtime during the regular workweek shall do so at the time and one-half (1 & 1/2) rate.
The employee shall make the request in writing. If the requested overtime is approved,
the Elected Official/Department Head may respond orally. If denied, the Elected
Official/Department Head shall respond in writing.
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S ection 8. Compensation shall not be paid (or compensatory time taken) more than
o nce for the same hours under any provision of this Article or Agreement.
S ection 9. Unless there are bonafide work requirements, authorized overtime work
o pportunities shall be distributed as equally as possible, in inverse order of seniority within
job classifications. Employees may decline voluntary overtime opportunities.
Section 10. 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.
ARTICLE V - ANNUAL LEAVE
Section 1. Regular full-time employees shall accrue paid annual leave as follows:
Years of Continuous Service
First through third
Fourth through seventh
Eighth through ninth
Tenth through eleventh
Twelfth through fourteenth
Fifteenth through sixteenth
Seventeenth through nineteenth
Twenty or more
Hours per Year
96 hours
120 hours
144 hours
160 hours
176 hours
184 hours
192 hours
200 hours
Regular part-time employees shall accrue annual 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 annual leave accrual apply.
The first day of the month of hire shall be the effective date of subsequent increases in
the annual 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 annual leave accrual for employees hired between
the sixteenth and the last day of the month.
•
Section 2. With the exception of promoted employees, annual 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 annual leave accrued during the_ probationary period.
Section 3. For regular full-time or regular part-time employees, the maximum amount of
annual leave that may be accrued at any point in time is four hundred (400) hours. No
annual leave accrued will be added to an employee's annual leave benefit when the
maximum accrual has been attained, except that the four hundred (400) hours maximum
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may be exceeded in any given month with prior written approval of the Elected Official or
Department Head.
S ection 4. Upon separation of a regular full-time or regular part-time employee by
resignation (with two weeks notice), retirement, layoff, dismissal or death, the employee
or beneficiary thereof, shall be paid for unused annual 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 annual leave.
S ection 5. Whereas, the Union and the Employer recognizes the importance of
employees utilizing earned annual leave to promote and enhance their mental and
physical well being, employees shall attempt to use annual leave during the year in which
it is earned.
S ection 6. Annual leave approval will be on the basis of meeting the workload
requirements of the Mason County service schedule where the employee is employed.
Section 7. All requests to use annual leave shall be submitted in writing. When an
employee desires to use five (5) or more consecutive annual leave days he/she must
submit a leave request at least fifteen (15) calendar days in advance of the time off
requested. Failure to request leave at least fifteen (15) calendar days in advance may be
cause for the denial of the requested leave. The Employer will respond to leave requests
within ten (10) calendar days of receipt; except that leave .requests submitted more than
sixty (60) calendar days in advance of the time off requested shall be considered on a
case -by -case basis.
S ection 8. Annual leave days shall be the same as the regular workday schedule for the
department wherein the employee is employed.
S ection 9. Regular full-time employees must work or be in a paid status at least eighty
(80) hours in a month in order to accrue annual leave for the month. Regular 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 annual leave for
that month.
S ection 10. If an approved holiday occurs within the approved annual leave period, such
day shall be charged as holiday leave rather than annual leave.
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ARTICLE VI- HOLIDAYS
Section 1. The following annual paid holidays are recognized for all employees:
N ew Year's Day
Martin Luther King Day
P residents Day
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Day following Thanksgiving
Christmas Day
(2) Floating Holidays
Regular 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.
S ection 2. 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.
S ection 3 Employees must receive written approval at least one week in advance of the
date(s) in which they desire to utilize their floating holiday. All requests to use a floating
holiday must be made no later than the last working day of November. Floating holiday(s)
not used by the end of the calendar year will be forfeited, unless denied on the basis of
the staffing needs of the office or department. Except by mutual agreement, floating
holidays shall be used in whole day increments.
ARTICLE VII - SICK LEAVE/FAMILY LEAVE
Section 1. Sick leave shall be accumulated for all regular full-time employees at the rate
of eight (8) hours per month for each month of employment.
Section 2. Regular full-time employees must work or be in a paid status at least eighty
(80) hours in a month to accrue sick leave for the month Regular 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 sick leave for that month.
S ection 3. When an employee's sick leave necessitates more than three (3) consecutive
days of leave from work, the employee may be requested to provide the Elected
Official/Department Head written verification that he/she has been under the care of a
medical doctor, or other bona fide practitioner.
S ection 4. Sick leave accrual may not exceed one thousand two hundred (1,200) hours.
S ection 5 Employees may use accrued sick leave for their own illness injury, pregnancy
and/or childbirth, medical and dental appointments and prescribed treatment associated
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therefrom. Sick leave may be used for the care of immediate family members who have
a health condition that requires treatment or supervision and to take immediate family
members to medical and dental appointments. However, two (2) workdays' advance
notice is required when the medical/dental appointment is not due to an emergency
condition and the immediate family member is other than the employee's child.
"Immediate family' for this purpose is defined as the employee's spouse, children,
parents (including in-laws), and grandparents.
S ection 6 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.
S ection 7. Sick leave shall be considered as a type of insurance and not as a benefit.
Abuse of sick leave shall be grounds for disciplinary action. An Elected Official/
Department Head may require an employee to provide a written notice from the
employee's health care provider when a pattern of excessive absence and/or sick leave
abuse is indicated.
S ection 8. The Union and the County mutually agree to comply with all State and
Federal Family Leave Laws For purposes of calculating leave availability, the twelve
(12) month period is measured forward from the date an employee begins FMLA leave.
Each time the employee takes FMLA during the twelve (12) month period, .the leave will
be subtracted from the twelve (12) weeks of available leave Employees who do not
return to work after FMLA leave may be required to reimburse the County for its
contributions toward insurance premiums during such leave.
ARTICLE VIII - BEREAVEMENT LEAVE
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. 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. Upon
request, two (2) days of accrued sick leave shall be granted. Additional time off may be
requested and charged to compensatory time, floating holiday or annual leave, as
approved by the Elected Official/Department Head.
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ARTICLE IX - HEALTH CARE INSURANCE
S ection 1 Effective January 1, 2011, the County shall contribute up to eight hundred
fifty-five dollars ($855) per month towards the medical, dental, vision and life insurance
coverage of eligible employees and their eligible dependents Eligible employees are
those regular full-time and regular part-time employees compensated for eighty (80)
hours or more per month during the calendar year. This contribution is to be applied to
premiums for Washington Teamsters Welfare Trust Medical Plan without optional
coverage, and current County vision, dental, and life insurance plans. Throughout the
term of this Agreement, the issue of the Employer s contribution towards health care
benefits for each remaining year may be reopened by either party within sixty (60)
calendar days of theend of the previous year.
S ection 2. In the event the County's maximum monthly contribution is insufficient to
provide 100% of the total Health and Welfare premiums as referenced in section 1
above, the priority of order for full County payment shall be as follows: (1) Life
Insurance, (2) Vision, (3) Dental and (4) Medical.
Section 3. Any monthly premium contribution required above the County's contribution
shall be paid by a reduction of the necessary amount from the employee's wages.
S ection 4. The County shall provide an Employee Assistance Program (EAP) benefit for
all bargaining unit employees.
ARTICLE X - GRIEVANCES
S ection 1. The purpose of this 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.
S ection 2. A grievance is an allegation by an employee, group of employees or the
S nion that there has been a violation, misapplication or misinterpretation of this
Agreement.
S ection 3 Employees will be unimpeded and free from restraint, interference, coercion,
discrimination or reprisal in seeking adjudication of their grievance.
S ection 4 Any grievance procedure time limit may be extended by mutual written
agreement.
S ection 5. Failure by an employee and/or the Union to comply with any gnevance time
limitations shall constitute withdrawal of the grievance. Failure of the County to comply
with any grievance time limitations shall automatically permit the Union or the employee to
advance the grievance to the next step in the grievance procedure.
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Section 6. A grievance of interest to several employees may be filed as a "group
grievance."
Section 7. The processing and adjudication of grievances shall be conducted during
working hours.
Section 8 Grievance Procedure
A. Step 1. A grievance must be presented within ten (10) working days of the
incident giving rise to the grievance or the date the grievant knew or could reasonably
have known of the incident to the employee's immediate supervisor or manager if the
grievance is not related to a salary issue. However, if the incident is related to a salary
issue, the employee and/or the Union Steward shall submit a written grievance at Step 2
to the Elected Official/Department Head. If the grievance is not resolved by the employee
and the immediate supervisor/manager, then a formal grievance may be filed at Step 2.
B Step 2. The grievance shall be presented in writing on an official Union
grievance form. This shall include:
1. The specific details of the incident or issue giving rise to the
grievance;
2. The Article(s) and Section(s) of the Agreement allegedly violated;
and
3. The remedy sought.
The written grievance shall be submitted by the employee and/or the Union Steward to
the Elected Official/Department Head within seven (7) working days of the date of the
discussion in Step 1 above. A copy of the grievance will be filed with the Human
Resources Department. Within seven (7) working days after the receipt of the official
wntten gnevance, the Elected Official/Department Head shall schedule a meeting with the
employee and Shop Steward and/or Union Representative to hear and seek to resolve
the grievance. The Elected Official/Department Head shall provide a written answer to
the Employee and the Union Steward/Union Representative within ten (10) working days
of the meeting If the grievance is not resolved at Step 2, the grievance may be
advanced to Step 3.
C. Step 3. The written grievance shall be submitted to the Human Resources
Director within seven (7) working days of the date of the written response at Step 2.
Within seven (7) working days of receipt of the grievance, the Human Resources
Director or designee shall schedule a meeting with the employee and Shop Steward
and/or Union Representative to hear and seek to resolve the grievance. The Human
Resources Director shall provide a written answer to the Employee and the Union
Steward/Union Representative within ten (10) working days of the meeting. If the
grievance is not resolved at Step 3, the grievance may be advanced to Step 4.
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D. Step 4 The Union may refer the grievance, in writing, to the Public
Employment Relations Commission (PERC), Federal Mediation and Conciliation Services
(FMCS) or a mutually agreed upon arbitration service for arbitration and to request 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 ten (10)
working 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 written referral to arbitration
must be made within thirty (30) calendar days after the decision of the Human Resources
Director, and a copy of the referral provided to the Elected Official/Department Head and
the Human Resources Director. The referral to arbitration will contain the following:
1. The specific details of the incident or issue giving rise to the
grievances
2 Article(s) and Section(s) of the Agreement allegedly violated;
3 Copies of the Step 2 and 3 responses to the grievance; and
4. Remedy sought.
Section 9. 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.
B. The decision of the arbitrator shall be final, conclusive and binding upon the
Employer, the Union and the employee involved.
C. 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.
D. 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 bnefs are submitted to the arbitrator.
ARTICLE XI - DISCIPLINARY ACTIONS
Section 1 Employees may be suspended without pay or discharged for just cause. But
no employee shall be suspended without first having received a written warning regarding
the alleged problem. An employee shall be given fourteen (14) calendar days notice of
discharge or in lieu of fourteen (14) days notice, management may discharge the
employee immediately and shall pay the employee the equivalent of ten (10) working
days' pay on the next scheduled County payday.
15
Section 2. The notice and/or pay requirements stated above may be waived if the basis
for discharge is dishonesty theft, or actual or threatened physical violence against
another Mason County employee or official, a citizen, or if required to protect the safety of
other employees, the Employer, the public, or the property thereof.
S ection 3 Discharge of a probationary employee is not considered as a disciplinary
action.
Section 4 Employees shall sign the disciplinary action to acknowledge receipt. All
disciplinary actions are subject to the grievance procedure.
ARTICLE XII - PROBATIONARY PERIOD
Section 1. All newly hired employees will be placed on probationary status for a period of
six (6) calendar months from date of hire. New employees with prior related experience
may be placed at a step in the salary range equivalent to one step for each two years of
experience, up to a maximum of three steps.
S ection 2 The Employer may discharge a probationary employee with one (1) day
notice, which is not required to be in writing A probationary employee does not have the
right to grieve termination of his or her employment during the probationary period.
ARTICLE XIII — PROMOTIONS, TRANSFERS AND DEMOTIONS
S ection 1. As used in this Article the following terms mean: Promotion is a change of
an employee from a job classification to a different job classification which is
compensated at a higher salary range. Transfer is a change of an employee from a job
classification to a different job classification which is compensated at the same salary
range Demotion is a change of an employee from a job classification to a different job
classification which is compensated at a lower salary range.
Section 2 The Elected Official or Department Head having the vacancy or new position
which constitutes a promotion will limit applications to bargaining unit employees of the
affected office or department. Employees on layoff and still on recall status from the
affected office or department may apply at the same time as active employees. The
notice of such vacancy shall be posted for seven (7) calendar days.
Section 3. If the position is not filled it shall be posted again with applications limited to
existing bargaining unit employees, if qualified Employees on layoff and still on recall
status from a bargaining unit office or department may apply at the same time as active
employees. If a person on a recall list is selected and takes the position, their name shall
be removed from the recall list. The notice of such vacancy shall be provided to the Union
steward and be posted in a space made permanently available, without obstruction, on
each county employee department bulletin board in each bargaining unit department.
The notice shall be posted for seven (7) calendar days. The Elected Official or
16
Department Head may elect to post the promotional opportunity in his/her office and
bargaining unit wide concurrently. If that occurs he/she shall consider applicants from the
office before considering applicants from other offices.
Section 4. Qualified employees must apply for the posted position within the seven (7)
calendar day posting period in order to be considered. "Qualified" shall mean that the
employee meets the qualifications for the position as stated on the job description and
has received a satisfactory rating in all areas of the latest annual evaluation.
Section 5. It is the Employer's interest to fill positions with the most qualified individuals
who apply. While qualified employees within the bargaining unit shall be given first
consideration for a position, the Employer may consider outside applicants if two or less
qualified bargaining unit employees apply.
Section 6 Employees who promote, transfer or voluntarily demote to another job
classification within their office or department shall serve a six (6) 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 obtain
permanent status in the new job classification, the employee may be returned to their
previous position if it has not been either abolished or filled If the position was abolished
o r filled, such employee will be laid off and eligible for recall in accordance with Article
XVI, 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).
Section 7 Employees who promote, transfer or voluntarily demote to a job classification
o utside of an office or department shall serve a six (6) month trial service period in their
n ew position If they fail to obtain permanent 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
o r similar classification and pay as held prior to promotion or transfer (including any
adjustment due, e.g., salary increases, step increases, etc.).
Section 8. 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.
Section 9. When an employee is transferred, they shall retain their step placement and
their step date.
Section 10. 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).
17
ARTICLE XIV - WORKING OUT OF CLASSIFICATION
S ection 1. 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.
S ection 2. A supervisor may assign an employee to perform the primary duties of a
higher classification, when those duties are not part of the employee's current job
classification, for the purpose of:
A. Providing work coverage during an authorized vacation period;
B. Providing work coverage during an authorized sick leave;
C. Providing work coverage for an authorized leave of absence; or
D. Providing work coverage for a currently vacant position.
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.
ARTICLE XV - STEWARDS AND UNION REPRESENTATION
S ection 1. Employees shall have the right to Union representation.
Section 2. The Union may designate one (1) Steward for each county department, not to
exceed seven (7) Stewards and one (1) Chief Steward. Stewards shall be allowed
reasonable time during working hours to investigate and process grievances. Prior to
u ndertaking such grievance duties, the Steward shall inform his/her supervisor of the
n eed to be away from his/her work. The Elected Official/Department Head shall grant the
Steward s request unless the Steward cannot be spared at that particular time. If such is
the case, then the Elected Official/Department Head shall allow the Steward time to
perform his/her Steward duties at the earliest possible time.
Section 3. 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.
S ection 4. The Union may select a negotiating committee of not more than five (5)
employee members plus appropriate professional staff of the Union's choosing excepting
that no more than one member from any single office shall be selected. Negotiations,
including reasonable time for the Union Negotiating Committee to meet and confer, not to
exceed one half hour immediately before and after negotiations, shall take place during
n ormal working hours unless otherwise agreed by the parties to this Agreement.
18
Section 5. If an Elected Official/Department Head believes a Union Steward is spending
more time than necessary in the grievance handling process, the Local Union President
and the Elected Official/Department Head will attempt to resolve the problem.
ARTICLE XVI — SENIORITY, LAYOFF AND RECALL
Section 1. General
A. For purpose of promotions and/or layoffs from within an office or department,
seniority shall mean that time spent in each individual Elected Official office or
department within the bargaining unit. For all other purposes, seniority means total
unbroken services with Mason County.
B. An employee's County seniority shall be established as the initial date of hire
upon completion of the original six (6) month probationary period.
C. Seniority shall terminate by discharge from service or by voluntarily leaving
County service; provided that employees on lay-off status retain the seniority they had at
time of lay-off for one (1) year from date of layoff.
D. An employee on an approved leave of absence shall retain their current
seniority but shall not accrue seniority while on such leave of absence.
Section 2. Layoff
A. The Employer may reduce the work force because of lack of work or lack of
funds.
B. If a reduction in the work force becomes necessary, the Employer will first
consider reduction through normal attntion, (i.e., by not filling normally occurring
vacancies.)
C. If normal attrition is not feasible, then the Elected Official or Department Head
shall determine which position(s) will be eliminated. The least senior employee(s) in the
affected job classification(s) within the affected office or department shall be laid off.
Employees scheduled for layoff shall be given at least fourteen (14) calendar days' written
notice of the lay off.
D Employees scheduled for layoff may bump into another employee's position
within their office or department in lieu of being laid off, if all of the following conditions are
met
1) They have more 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
19
the Employer to be qualified to perform the job within thirty (30) calendar days.
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).
Before laying off any permanent employee, all temporary and probationary employees
within the same office or department shall be laid off first.
Section 3. Recall.
A. Any permanent employee who is laid off shall have his/her name placed on a
recall list within each respective office or department 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 twelve (12) 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 office or
department and/or within the bargaining unit in accordance with Article XIII.
B. It shall be the responsibility of each person on a recall list to keep the County
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 County 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 County has mailed a certified letter (return receipt request) to the person's
last known address.
C. 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 twelve (12) 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.
D Employees recalled to their former classification within twelve (12) 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 twelve (12)
months to the same or another job classification office or department 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
20
into regular part-time positions shall be subject to pro -rated benefits as described in other
articles of this Agreement.
ARTICLE XVII - EMPLOYEE RIGHTS
S ection 1. Personnel File
A. 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 Elected Official/Department
Head 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
during work hours 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.
B. Upon request, an employee shall be given a copy of any written material placed
in the personnel file which the employee believes might have an adverse effect on his or
her job The employee and/or his/her representative may not remove any contents, but
the employee may provide a written rebuttal to any information in the file that he or she
considers objectionable. The Employer may charge a reasonable fee for copying any
materials beyond the first copy requested by the employee or his/her representative.
C. Medical files shall be kept separate and confidential in accordance with state
and federal law.
S ection 2. A place will be provided for employees to lay down if any become ill on the
job. Such facility shall have a cot and shall be screened from view of the surrounding
area. It shall be well lit and ventilated. Reasonable first aid materials shall be kept on
hand for emergencies. The parties agree there is no room of this type available at this
time, but the County shall make every effort to provide such a room as soon as possible.
ARTICLE XVIII - WAGES - SALARY SCHEDULE
S ection 1 Effective upon the signing of this Agreement through December 31, 2011,
each employee shall have his/her base wage as set forth in Attachments A and B. For
the remaining years of this Agreement, the parties shall commence negotiations in
regards to this Article only, by mid -October of 2011 for 2012, and by mid -October of 2012
for 2013.
S ection 2. Each move within a range is determined by the employee's anniversary date.
The anniversary date is the day the employee started work within a range. Upon
promotion of an employee placing him/her in a higher range, the date of the promotion
becomes the anniversary date that determines future step increases within that range.
21
The employee's actual date of hire with Mason County will always remain the same
(regardless of promotion) for purposes of annual leave, sick leave, and retirement.
Section 3. A reclassification is a change in the allocation of a position from its current job
classification to a different job classification. Reclassification will be considered when an
employee has been permanently assigned to perform the primary functions of a different
job classification or has been permanently assigned significantly different duties which
may warrant establishing a new job classification.
A. An employee may request reclassification by submitting a written request,
which includes a justification, to their Elected Official or Department Head The Elected
Official or Department Head shall respond to the employee in writing within thirty (30)
working days
B. If the Elected Official/Department Head approves the request, it shall be
submitted to the Board of County Commissioners for their review. The Board of County
Commissioners shall respond to the request in writing within thirty (30) working days of
their receipt of the request. If approved, the reclassification shall be effective as of the
date of the written request for reclassification.
C. If the employee's request is denied by the Elected Official/Department Head
the employee may request a review by a committee of four persons, two appointed by
the Union and two appointed by the Employer. The committee shall consider input from
the employee and the Elected Official/Department Head before making a decision. If
the committee denies the request, the matter is closed. If the committee approves the
request, it shall be forwarded to the Board of County Commissioners for action, or for
reconsideration by the Board. If the Board denies the request, the matter is closed.
D An Elected Official/Department Head may request reclassification of a position
by submitting a written request with justification to the Human Resources Director The
Human Resources Director shall respond to the request in writing within thirty (30)
working days of receipt of the request. If approved or denied by the Human Resources
Director, the request shall be submitted to the Board of County Commissioners, with
written justification from the Human Resources Director, for their review The Board of
County Commissioners shall respond to the request in writing within thirty (30) working
days of their receipt of the request. If approved, the reclassification shall be effective as
of the date of the written request for reclassification. If the Board denies the request, the
matter is closed.
E Step placement of an employee who has been reclassified shall be the same
as if the employee had been promoted, transferred, or demoted, whichever is applicable.
Section 4. Job descriptions will be on file in each individual department/office within the
Bargaining Unit and at the Union office.
22
Section 5. Longevity
The County shall provide additional monthly compensation above each eligible, regular
full-time employee's base salary to recognize continuous length of service as a county
employee Eligible, regular part-time employees shall receive a pro -rated longevity
benefit in proportion to the number of hours the part-time employee is in pay status during
the month as compared to that required for full-time employment. The longevity benefit
will be implemented in accordance with the following schedule:
Beginning of 11th year of County service = 1.5% of base pay.
Beginning of 16th year of County service = 3.0% of base pay.
Beginning of 21st year of County service = 4.5% of base pay.
Beginning of 26th year of County service = 6.0% of base pay.
ARTICLE XIX - LEAVE OF ABSENCE
Section 1. An employee may request a leave of absence without pay for up to a period of
(1) year to accommodate recovery from a long-term illness or injury. Other leave of
absence requests are limited to six (6) months.
Section 2. 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 XVI, Seniority, Layoff and Recall.
Section 3. An employee on leave of absence may be affected by a lay-off in the same
manner as if the employee were working.
Section 4. Leave of absence without pay is not creditable towards seniority and seniority
related benefits. 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.
23
ARTICLE XX - LABOR MANAGEMENT COMMITTEE
The parties agree to establish a Labor/Management Committee consisting of up to six (6)
members from the Bargaining Unit and the Union staff representative, and up to seven (7)
members from the Employer, including a representative from Human Resources. The
committee will meet from time to time 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.
ARTICLE XXI - SAVINGS CLAUSE
If an article of this Agreement or any addenda thereto should be held invalid by operation
of law or by any tribunal of competent jurisdiction, or if compliance with or enforcement of
any article should be restrained by such tribunal, the remainder of this Agreement and
addenda shall not be affected thereby, and the parties shall enter into immediate
collective bargaining negotiations for the purpose of arriving at a mutually satisfactory
replacement for such article or addenda.
ARTICLE XXII - SUBORDINATION OF AGREEMENT
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.
ARTICLE XXIII - TERM AND DURATION OF AGREEMENT
S ection 1. The Agreement expressed herein in wnting 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.
S ection 2 This Agreement shall become effective upon the signing of the Agreement
and shall remain in effect through December 31, 2013.
Section 3. Either party may request negotiations of a successor agreement within ninety
(90) days of the expiration of this Agreement.
S ection 4. 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.
24
Section 5. The existing contract shall remain in effect until a successor contract is signed,
or until one year from the termination of this Agreement.
25
DATED this day of
ATTEST
•
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
Shannon Goudy Lynda Ring Erickson
Clerk of the Board Chair
Approved as to form:
Timothy Whitehead
Tim Sheldon
Commissioner
Chief Deputy Prosecuting Attorney Steven Bloomfield
Commissioner
******************************************************************************************************
AFSCME LOCAL 1504
Clem Edwards Sharon Fogo
Staff Representative President, Local 1504
******************************************************************************
ELECTED OFFICIALS
Karen Herr Pat Swartos
Auditor Clerk
Melody Peterson Victona Meadows
Assessor District Court Judge
Elisabeth Frazier
Treasurer
26
AFSCME
SALARY RANGE TABLE
ATTACHMENT A
Range
Step
A
Step
B
Step
C
Step
D
Step
E
Step
F
Step
G
25
$3,364
$3,535
$3,713
$3,904
$4,099
$4,201
$4,308
24
$3,281
$3,448
$3,621
$3,805
$3,997
$4,099
$4,201
23
$3,202
$3,364
$3,535
$3,713
$3,904
$3,997
$4,099
22
$3,125
$3,281
$3,448
$3,621
$3,805
$3,904
$3,997
21
$3,046
$3,202
$3,364
$3,535
$3,713
$3,805
$3,904
20
$2,969
$3,125
$3,281
$3,448
$3,621
$3,713
$3,805
19
$2,900
$3,046
$3,202
$3,364
$3,535
$3,621
$3,713
18
$2,828
$2,969
$3,125
$3,281
$3,448
$3,535
$3,621
17
$2,761
$2,900
$3046
$3,202
$3,364
$3,448
$3,535
16
$2,692
$2,828
$2,969
$3,125
$3,281
$3,364
$3,448
15
$2,626
$2,761
$2,900
$3,046
$3,202
$3,281
$3,364
14
$2,562
$2,692
$2,828
$2,969
$3,125
$3,202
$3,281
13
$2,503
$2,626
$2,761
$2,900
$3,046
$3,125
$3,202
12
$2,440
$2,562
$2,692
$2,828
$2,969
$3,046
$3,125
11
$2,381
$2,503
$2,626
$2,761
$2,900
$2,969
$3,046
10
$2,321
$2,440
$2,562
$2,692
$2,828
$2,900
$2,969
9
$2,264
$2,381
$2,503
$2,626
$2,761
$2,828
$2,900
AFSCME Attachment B
Classification and Salary Range Plan
Department/Job Title Pay Range
ASSESSOR
Technical Deputy 11 20
Land Segregation IV 19
Data Technician II 19
Land Segregation III 18
Land Segregation II 16
Technical Deputy I 16
Data Technician I 16
Clerk III 15
Clerk II 12
Clerk I 9
AUDITOR
Senior Accounting Technician 25
Licensing Manager 22
Accounting Technician II 21
Accounting Technician I 17
Assistant Licensing Supervisor 16
Office Technician III 15
Assistant Elections Administrator 15
Office Technician II 12
Elections Technician II 12
Office Technician I 9
Elections Technician I 9
COUNTY CLERK
Court Clerk III 15
Jury Manager/Records Manager 15
Court Clerk II 12
Court Collector 12
Court Clerk I 9
DISTRICT COURT
Court Clerk/Supervisor 20
Court Clerk III 15
Court Clerk II 12
Court Clerk I 9
EMERGENCY MANAGEMENT
Senior Emergency Management Coordinator
Emergency Management Training/Exercise Coordinator
25
22
TREASURER
Accountant/Investment Deputy 21
Cashier Supervisor/Tax Foreclosure Deputy 20
Finance & Data Processing Deputy II 19
Collections/Bankruptcy Deputy 17
Finance & Data Processing Deputy I 16
Cashier Deputy III 15
Cashier Deputy II 12
Cashier Deputy I 9