HomeMy WebLinkAbout2022-2024 Collective Bargaining Agreement for Prosecutor's Clerical COLLECTIVE BARGAINING
AGREEMENT
September 7, 2022 — December 31, 2024
BETWEEN
TEAMSTERS UNION LOCAL NO. 252
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ORIGINAL
Teamsters Local No.252 Prosecutor's Clerical Staff and Mason County 2022-2024 Collective Bargaining Agreement Page 1
TABLE OF CONTENTS
ARTICLE1 -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................................................................................................7
ARTICLE 4-UNION /EMPLOYER RELATIONS...........................................................................................7
4.1 UNION ACCESS ...................................................................................................................................7
4.2 FACILITY USE......................................................................................................................................8
4.3 STEWARDS..........................................................................................................................................8
4.4 ORIENTATION......................................................................................................................................8
4.5 BULLETIN BOARDS..............................................................................................................................8
4.6 CONTRACT DISTRIBUTION....................................................................................................................8
4.7 NEGOTIATIONS RELEASE TIME.............................................................................................................8
4.8 GRIEVANCE RELEASE TIME..................................................................................................................8
4.9 UNION BUSINESS.................................................................................................................................9
4.10 BARGAINING UNIT ROSTER............................................................................................................9
ARTICLE 5-EMPLOYMENT..........................................................................................................................9
5.1 PROBATIONARY PERIODS....................................................................................................................9
5.2 TYPES OF EMPLOYMENT......................................................................................................................9
5.3 CONTRACTORS..................................................................................................................................10
5.4 STUDENTS/INTERNS.........................................................................................................................10
ARTICLE 6-HOURS OF WORK AND OVERTIME .....................................................................................10
6.1 WORKDAY/WORKWEEK...................................................................................................................10
6.2 WORK SCHEDULES............................................................................................................................10
6.3 REST I MEAL BREAKS.......................................................................................................................11
6.4 OVERTIME.........................................................................................................................................11
6.5 COMP TIME.......................................................................................................................................11
ARTICLE 7-EMPLOYMENT PRACTICES .................................................................................................11
7.1 NONDISCRIMINATION..........................................................................................................................11
7.2 JOB POSTING....................................................................................................................................12
7.3 PROMOTIONS....................................................................................................................................12
7.4 PERSONNEL FILE/POLICIES..............................................................................................................13
7.5 EVALUATIONS...................................................................................................................................13
7.6 DISCIPLINE/CORRECTIVE ACTION.....................................................................................................14
ARTICLE8-SENIORITY..............................................................................................................................15
8.1 DEFINITIONS......................................................................................................................................15
8.2 APPLICATION OF SENIORITY...............................................................................................................16
8.4 LOSS OF SENIORITY...........................................................................................................................17
8.5 LAYOFFS...........................................................................................................................................17
8.6 NOTICE.............................................................................................................................................18
8.7 MEETING WITH UNION.......................................................................................................................18
8.8 AFFECTED GROUP.............................................................................................................................18
8.9 VACANT POSITIONS...........................................................................................................................18
8.10 SENIORITY LIST...........................................................................................................................19
8.11 ORDER OF LAYOFF......................................................................................................................19
8.12 COMPARABLE EMPLOYMENT........................................................................................................19
8.13 LAYOFF OPTIONS ........................................................................................................................19
8.14 REDUCTION HOURS/FTE............................................................................................................20
Teamsters Local No.252 Prosecutor's Clerical Staff and Mason County 2022-2024 Collective Bargaining Agree ent . ORIGIN
ARTICLE9-WAGES....................................................................................................................................21
9.1 WAGE SCHEDULE..............................................................................................................................21
9.2 HIRE-IN RATES..................................................................................................................................22
ARTICLE 10-OTHER COMPENSATION.....................................................................................................22
10.1 WORK IN A HIGHER CLASSIFICATION............................................................................................22
10.2 MILEAGE REIMBURSEMENT..........................................................................................................22
10.3 LONGEVITY..................................................................................................................................22
ARTICLE 11 -HOLIDAYS..............................................................................................................................23
11.1 HOLIDAYS...................................................................................................................................23
11.2 RELIGIOUS HOLIDAYS..................................................................................................................23
11.3 HOLIDAY OBSERVANCE ...............................................................................................................23
11.4 HOLIDAY ON DAY OFF.................................................................................................................23
11.5 HOLIDAY COMPENSATION............................................................................................................23
ARTICLE12-VACATION.............................................................................................................................23
12.1 VACATION ACCRUAL....................................................................................................................23
12.2 VACATION SCHEDULING...............................................................................................................24
12.3 VACATION PAY............................................................................................................................25
12.4 VACATION UPON TERMINATION....................................................................................................25
ARTICLE 13-SICK LEAVE...........................................................................................................................25
13.1 SICK LEAVE ACCRUAL.................................................................................................................25
13.2 SICK LEAVE USAGE.....................................................................................................................25
13.4 COORDINATION-WORKER'S COMPENSATION...............................................................................26
13.5 FAMILY MEMBER.........................................................................................................................27
13.6 SICK LEAVE CASH OUT................................................................................................................27
ARTICLE 14-LEAVES OF ABSENCE.........................................................................................................27
14.1 IN GENERAL................................................................................................................................27
14.2 JURY DUTY/COURT....................................................................................................................27
14.3 1 MILITARY LEAVE..........................................................................................................................2.7
14.4 BEREAVEMENT............................................................................................................................27
14.5 MAINTENANCE OF SENIORITY.......................................................................................................28
14.6 LEAVE WITHOUT PAY ..................................................................................................................28
14.7 FAMILY LEAVE-FMLA...............................................................................................................28
14.8 MATERNITY LEAVE ......................................................................................................................28
14.9 INCLEMENT WEATHER..................................................................................................................28
14.10 WASHINGTON STATE PAID LEAVE COMPLIANCE...........................................................................29
14.11 WASHINGTON STATE LONG TERM CARE TRUST ACT COMPLIANCE................................................29
ARTICLE 15-HEALTH &WELFARE...........................................................................................................29
15.1 HEALTH AND LIFE INSURANCE......................................................................................................29
15.3 RETIREMENT................................................................................................................................29
ARTICLE16-TRAINING...............................................................................................................................30
16.1 TRAINING....................................................................................................................................30
16.2 TRAINING REIMBURSEMENT .........................................................................................................30
ARTICLE 17-LABOR/MANAGEMENT COMMITTEES............................................................................30
17.1 PURPOSE OF COMMITTEE.............................................................................................................30
17.2 COMPOSITION OF COMMITTEE......................................................................................................30
17.3 COMPENSATION...........................................................................................................................30
ARTICLE 18-HEALTH &SAFETY..............................................................................................................30
18.1 SAFE WORKPLACE......................................................................................................................30
18.2 HEALTH&SAFETY PLAN .............................................................................................................30
18.3 DRUG FREE WORKPLACE................................................................................................... .......30
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Teamsters Local No.252 Prosecutor's Clerical Staff and Mason County 2022-2024 Collective Bargaining Agreeme Page 3
18.1 SAFE WORKPLACE......................................................................................................................30
18.2 HEALTH&SAFETY PLAN.............................................................................................................30
18.3 DRUG FREE WORKPLACE............................................................................................................31
18.4 WORK PLACE VIOLENCE..............................................................................................................31
ARTICLE 19-GRIEVANCE PROCEDURE...................................................................................................31
19.1 GRIEVANCE DEFINED...................................................................................................................31
19.2 GRIEVANCE PROCEDURE.............................................................................................................31
19.3 UNION/EMPLOYER GRIEVANCE...................................................................................................33
19.4 SCHEDULE OF MEETINGS.............................................................................................................33
ARTICLE 20-NO STRIKE/NO LOCKOUT..................................................................................................33
20.1 NO STRIKE/NO LOCKOUT...........................................................................................................33
ARTICLE 21 -MANAGEMENT RIGHTS AND RESPONSIBILITIES...........................................................34
21.1 MANAGEMENT RIGHTS AND RESPONSIBILITIES..............................................................................34
ARTICLE 22 -GENERAL PROVISIONS ......................................................................................................34
22.1 SAVINGS CLAUSE........................................................................................................................34
ARTICLE 23-ENTIRE AGREEMENT..........................................................................................................34
23.1 DURATION CLAUSE......................................................................................................................35
23.2 ENTIRE AGREEMENT....................................................................................................................35
SIGNATURES.................................................................................................................................................35
APPENDIXI...................................................................................................................................................36
ORIGINAL
Teamsters Local No.252 Prosecutor's Clerical Staff and Mason County 2022-2024 Collective Bargaining Agreement Page 4
PREAMBLE
Mason County, a political subdivision of the State of Washington, hereinafter referred to as the "County"
or"Employer,"and Teamsters Union Local No. 252, hereinafter referred to as the"Union,"do hereby enter
into this Agreement. 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 in this bargaining unit 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.
ARTICLE 1 — DEFINITIONS
As used herein, the following terms shall be defined as follows:
1.1 Bargaining Unit (Union) shall be Teamsters Union Local No. 252.
1.2 Employer shall mean the Board of Mason County Commissioners and Mason County Elected
Officials as identified in the Preamble to this Agreement.
1.3 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.
1.4 Executive, Administrative, and Professional Employees shall mean all employees as defined in
WAC 296-128-500.
1.5 Job classifications and salary steps are listed and categorized in Appendix A of this Agreement.
1.6 "Family Member" shall be defined as persons related by blood, marriage, or legal adoption in the
degree of relationship of spouse, registered domestic partner (state registered), grandparent,
parent(biological, adoptive, de facto, or foster parent, stepparent, or legal guardian of an employee
or employee's spouse or registered domestic partner, or a person who stood in loco parentis when
the employee was a minor child), sibling, child (biological, adopted, or foster child, a stepchild, a
legal ward, or a child to whom the employee stands in loco parentis, is a legal guardian, or is a de
facto parent) 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, , in compliance with WAC 296-
130-030 and RCW 49.12.270 (or subsequent statutes), and other persons with the approval of the
Elected Official/Department Head and/or designee.
1.7 Overtime shall mean all Employer-required work which has been performed in excess of forty hours
per week, consistent with Article 6.4.
1.8 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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1.9 Vacation shall mean a scheduled workday or accumulation of scheduled work days on which an
employee may, by pre-arrangement, continue to receive the regular rate of compensation although
he or she does not work.
1.10 Day shall mean for the purpose of timelines associated with grievances, appeals and policy issues,
shall mean a calendar day.
1.11 "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 1st or the 16th of the month, depending on the date of the anniversary day
(e.g., if an employee's anniversary date is on January 14, the pay increase will take effect January
1).
ARTICLE 2— RECOGNITION
2.1 RECOGNITION
The Mason County Board of Commissioners for MASON COUNTY recognizes that the Teamster Union
Local No. 252, Centralia, Washington, has the right to bargain for all full-time and regular part-time clerical
or support staff employees of the Mason County Prosecutor's office and it's departments, excluding:deputy
prosecutor employees, supervisory employees, confidential employees, and employees participating in a
job school program from Mason County high schools or, by mutual agreement,from any accredited college
or vocational school, which shall be coordinated with the student's academic schedule, under the
conditions set forth in the Washington State Public Employee's Collective Bargaining Act of 1967.
All collective bargaining with respect to wages, hours and working conditions shall be conducted by
authorized representatives of the Union and authorized representatives of the Employer. Agreements
reached between the parties of this Agreement shall become effective only when signed by the authorized
representatives of the Union and by the Board of Mason County Commissioners.
2.2 NEW CLASSIFICATIONS
When new Regular or Temporary positions are created within the Departments represented or the
classifications listed in Appendix I, the Union will be notified of the pending action prior to hire.
When existing classifications are substantially modified within the Departments represented or the
classifications listed in Appendix I, the Union will be notified of the pending action within ten (10) working
days of the date that the position is first posted / advertised or the proposed effective date of the action
that would change the status of the classification.
It is mutually agreed that it is the intent of the parties to meet, upon request by either party, in order to
include or exclude new or modified positions in the bargaining unit consistent with the duties,
responsibilities, and organizational level of the classification.
The parties agree that new classification(s) designated and approved by the Employer to be within the
non-represented pay plans shall be excluded from the bargaining unit, absent a request to meet within
thirty (30) calendar days. Existing bargaining unit classifications shall remain within the bargaining unit
absent a mutual agreement by the parties or a decision by the Public Employment Relations Commission
(PERC).
If either party disagrees with the pay plan designation for a new or reclassified position, the parties
recognize the determination of whether the position is included within the bargaining unit may be reviewed
by PERC upon petition by either party or jointly. Should PERC determine the classification to be included
in the bargaining unit, the position shall be placed within the Union salary schedule at the appropriate rate
of pay and at a step arrived at either by mutual agreement/negotiation or PERC ruling.
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Teamsters Local No.252 Prosecutors Clerical Staff and Mason County 2022-2024 Collective Bargaining Agreement Page 6
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 maythe 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.
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
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Teamsters Local No.252 Prosecutor's Clerical Staff and Mason County 2022 2024 Collective Bargaining Agreement Page 7
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 5:00pm to 8:00am and 12:00pm to 1:00pm, unless otherwise approved by the Employer.
4.3 STEWARDS
The Union may designate Shop Stewards and alternates in the Prosecutor's Office. Stewards shall be
allowed reasonable time during working hours to investigate and process grievances. Prior to undertaking
such grievance duties, the Steward shall inform his/her supervisor of the need to be away from his/her work.
The Elected Official/Department Head and/or designee 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 and/or
designee shall allow the Steward time to perform his/her Steward 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 new hire of their shop steward. Per RCW 41.56.037, each new hire
will receive a minimum of thirty (30) minutes within the first ninety (90) days from the date of hire, and will
take place at-the employee's regular worksite or a mutually agreed upon location. Human Resources,will
notify the shop steward and Union representative of each new hire within ten (10) business days of the
date of hire.
4.5 BULLETIN BOARDS
The Employer will provide a bulletin board for Union use. No materials shall be posted except notices of
meetings and elections, results of elections, changes in Union by-laws, notices of employee social
occasions, similar Union notices, letters, and memoranda. Union will limit the posting of any material on
the Employers' premises to its bulletin board.
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, and it will not create overtime.
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 Steward 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
L) ORIGINAL
Teamsters Local No.252 Prosecutor's Clerical Staff and Mason County 2022-2024 Collective Bargaining Agreement Page 8
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 steward activities outside the employee's work shift, without
expressed pre-authorization by the steward's Elected Official/Department Head and/or designee or Human
Resource's Department Head and/or designee.
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 and/or the Officers 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 Steward the name and other pertinent
information regarding new hires.
The Union agrees to supply Human Resources with current lists of Stewards. The Employer will recognize
the steward as soon as the list is received, in writing, by Human Resources.
ARTICLE 5— EMPLOYMENT
5.1 PROBATIONARY PERIODS
All newly hired employees will serve an initial probationary period of six (6) months. A probationary period
may be extended by the Employer with written notice to the employee and the Union. A probationary
employee does not have the right to grieve dismissal.
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;BENEFITsELIGIBILITYMAYNEEDTOBEREyisEDPERACA)
5.2.1 REGULAR FULL-TIME EMPLOYEES:
A regular full-time employee is scheduled to work forty(40) hours per week in a regularly budgeted,
on-going position. Regular Full-Time employees are eligible to receive the standard benefit
package.
5.2.2 REGULAR PART-TIME EMPLOYEES:
A regular part-time employee typically is scheduled to work a minimum of twenty (20) hours per
week but no more than forty (40) hours per week in a regularly budgeted, on-going
position. Regular Part-Time employees are eligible to receive the standard benefit package,
prorated to match the FTE percentage and adjusted by actual hours worked. Medical benefits are
consistent with Article 15.1.
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Teamsters Local No.252 Prosecutor's Clerical Staff and Mason County 2022-2024 Collective Bargaining Agreement Page 9
5.2.3 TEMPORARY EMPLOYEES:
A temporary employee is hired for a specific assignment or project that has a duration of
employment and schedule that is anticipated to work one thousand and forty(1,040) hours or more
in a twelve (12) month period.
A temporary employee is eligible for the standard benefits package, prorated to match the
anticipated FTE percentage and adjusted by actual hours worked. Medical benefits are consistent
with Article 15.1 if Part-Time Temporary.
If a regular employee accepts an assignment of a temporary position, that employee will be eligible
for return rights to their former position upon completion of the specific assignment or term of the
temporary employment or upon twenty(20)calendar days' notice from the Employer or 30 calendar
days' notice from the employee, whichever is earlier. The regular employee shall continue to earn
seniority as to their former position during the period of the temporary position assignment. Any
new-hire employee who is hired to fill the vacancy, which was created by the regular employee
accepting a temporary position, will also be hired as a temporary employee and that employee will
cease to have employment rights upon the return of the regular employee to the former position.
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.
Temporary employees are not eligible for bumping, seniority and longevity.
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 STUDENTS/INTERNS
Student and Internship programs may be created by the employer provided such does not take work away
from budgeted classifications represented by the Union, the Union is provided notice and, upon request
by the Union, the Employer meets with the Union to discuss the impacts and benefits of the program.
ARTICLE 6—HOURS OF WORK AND OVERTIME
6.1 WORKDAY/WORKWEEK
The workweek shall normally consist of five (5) workdays within a seven (7) consecutive day period
beginning Sunday at 12:00 am through Saturday 11:59 pm. The assignment of workdays and work
schedules shall be determined by the Employer in order to meet business and customer service needs or
in response to budgetary demands.
Changes in work schedule, which may include changes in the schedule or total hours, shall be consistent
with Article 6.2.
6.2 WORK SCHEDULES
For regular full-time employees, the workweek shall normally consist of forty (40) hours of time scheduled
within a seven (7) consecutive day period. Work hours for full-time employees covered by this Agreement
shall normally be 8:00 am to 5:00 pm, unless a County Office or Department establishes an alternate work
schedule as described below:
A. The regular workweek shall normally consist of five (5) consecutive workdays, Monday through
0,AINAL
Teamsters Local No.252 Prosecutor's Clerical Staff and Mason County 2022-2024 Collective Bargaining Agreement Page 10
Friday.
B. The Employer may change employee work schedules with five (5) working days' notice to the
employee and his/her Union representative. Less than five (5) working days' notice may be
given if mutually agreed between the employee and the Employer.
C. Hours shall be extended outside of normal business hours as necessary to allow for the
uninterrupted and efficient operation of the Prosecutor's Office as determined by the Prosecutor
and/or designee.
6.3 REST/MEAL BREAKS
Employees may be allowed up to a one (1) hour unpaid lunch period as approved and scheduled by the
Employer. Employees are entitled to 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, unless agreed on by supervisor.
6.4 OVERTIME
Any employee, or who works more than forty (40) hours in a workweek shall be compensated at the rate
of one and one-half times their straight-time hourly rate for all such overtime hours worked. All overtime
must be pre-approved by the Employer. Upon a request to work beyond the regular workday or workweek,
by mutual agreement, the parties may agree upon an adjusted work-week for that specific workweek, for
purposes of employee convenience and to avoid overtime.
6.5 COMP TIME
The Employer may authorize comp time in lieu of overtime compensation and, if so, the employee shall
receive comp time at the rate of one and one-half times their straight-time hourly rate for all overtime hours
worked. Comp time can be accrued up to eighty(80) hours in a yearly period and must be used within the
year or it will be paid out by the end of the year. Employees shall receive overtime compensation whenever
their accrued comp time reaches the eighty (80) hours maximum. If the employee does not use all their
accumulated comp time by the end of the year.,they will receive a payout for the unused comp time on the
December 25 payroll check.
The scheduling of comp time off shall be requested and approved in the same manner as vacation leave.
Compensation shall not be paid (nor comp time earned) more than once for the same hours under any
provision of this Article or Agreement. Premium or overtime pay shall not be duplicated or pyramided
unless required by the Fair Labor Standards Act, in which case premium or overtime pay shall be based
on the employee's regular rate of pay.
ARTICLE 7— EMPLOYMENT PRACTICES
7.1 NONDISCRIMINATION
Under this Agreement, neither party will discriminate against employees on the basis of race, sex, age,
marital status, color, creed or religion, national origin, political affiliation, veteran status, sexual orientation,
or any real or perceived sensory, mental or physical disability, or because of participation in or lack of
participation in union activities. Bona fide occupational qualifications based on the above traits do not
violate this Section.
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.
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Whenever words denoting gender are used in this Agreement, they are intended to apply equally to either
gender.
7.2 JOB POSTING
When a job opening or vacancy in the bargaining unit occurs, notice of such position shall be posted by
the Human Resources Department for a period of no less than seven (7)calendar days before the position
is filled. The posting shall indicate the salary range for the position, the required or preferred minimum
qualifications and/or experience, the Department to whom the position will report and the application
process. Union positions will be identified as such. Job vacancies (or newly created positions) under this
Agreement shall be posted as follows:
A. posting of a vacant or new position shall begin in the department in which the position exists,
and shall be limited to bargaining unit employees within that department. The notice shall be
posted for seven (7) calendar days. Former bargaining unit employees of the department
who were laid off from another job classification and are on the recall list shall be notified of
such vacancies during their recall period. These individuals may apply for internal job
openings and shall be considered at the same time as active bargaining unit employees of
the department.
B. Qualified employees must apply for the posted position within the seven (7) calendar day
posting period(s) described above in order to be considered. If a qualified candidate is not
identified, the Department Head and/or designee may post the position externally.
C. Term "qualified" shall mean that the applicant meets the qualifications for the position as
stated on the job description and, if the applicant is an employee, he/she shall not currently
be in a sustained disciplinary process.
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.
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.
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.
Employees who are reclassified, promoted or transferred may serve a trial service period of up to three (3)
months. Employees may elect to revert to their previous job classification and position within thirty (30)
calendar days of the effective date of their reclassification, promotion or transfer. After thirty(30)days, if the
employee is unsuccessful in the new position, the employee shall be returned to his or her previous position
only if it is vacant(i.e. an offer of employment has not been extended). If the position is not vacant or if it has
been abolished,the employee will be laid off in accordance with Article 8, Seniority, except that the employee
shall not be eligible to exercise the bumping provision. Employees on trial service shall be paid the
appropriate established salary for that position and if reverted,either voluntarily or by the Employer,will return
to their previous salary(including any adjustments due, e.g., salary increase, step increases, etc.).
7.4 PERSONNEL FILE/POLICIES
Unless otherwise provided by the terms of this Agreement, the Employer Administrative and Personnel
Policies shall apply to members of this bargaining unit. Employees shall also refer to Emplo olicies to
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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 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 by
making an appointment with Human Resources. Representatives of the employee may be granted access
with the written authorization of the employee, except as authorized by law.
Conditions of hiring, termination change in status, shift, evaluations, commendations and disciplinary
actions shall be in writing with a copy to the Employee prior to placement in their personnel file. The
Employer's failure to abide by this Article pertaining to personnel file access shall not affect the Employer's
ability to proceed with the merits of discipline or discharge but may be a separate Union grievable matter
and any grievance time-lines will be correspondingly extended.
Employees shall have the right to provide a written response to any written evaluations or disciplinary
actions to be included in the personnel file. Upon approval of the Human Resources Department,
employees may add additional documents to their personnel file including, but not limited to, certifications,
degrees, and commendations.
Medical files shall be kept separate and confidential in accordance with state and federal law.
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 Department. The evaluation will assess and focus on the
employee's accomplishments 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.
If evaluations are conducted they may occur in two forms:
7.5.1 All regular employees should be formally evaluated in writing by their immediate supervisor
and/or Elected Official/Department 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. 1) ORIGINAL
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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, but rather as an acknowledgement of receipt. Employees shall have the
right to review and comment on disciplinary actions in their personnel file.
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:
7.5.1 Notice: That the Employer did forewarn employee of possible consequences of conduct;
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7.5.2 Reasonable Rule or Order: That the Employer policy, rule, or order involved reasonably
related to the orderly, efficient, or safe operation of the Employer;
7.5.3 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;
7.5.4 Fair Investigation: That the Employer conducted its investigation objectively;
7.5.5 Proof: That, in the investigation, the Employer did obtain evidence or proof that the
employee violated such Employer policy or rule;
7.5.6 Equal Treatment: That the Employer applied its rules, orders, and penalties
evenhandedly and without discrimination under the circumstances; and
7.5.7 Penalty: That the degree of discipline was reasonably related to the seriousness of the
offense and/or the employee's record.
ARTICLE 8—SENIORITY
8.1 DEFINITIONS
Office/Department Seniority:The service time spent in each individual Elected Official's Office or Department
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/On-Call position. Service time spent in a Temporary position shall count for leave accrual and/or step
movement purposes only. A Temporary employee, or a Regular employee in a Temporary position, who
is hired directly into a Regular position without a break in service and within the same classification shall
be credited for Office/Department Seniority from the original date of hire into that classification.
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
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of lack of funds, lack of work, efficiency or reorganization. Reductions in force are identified by
classification within the affected Office or Department.
8.1.4 Affected Group/Employees
An Affected Group would be any job classification that is subject to a layoff. An Affected Employee
would be the least senior employee(s)within an affected job classification which are subject to lay-
off or reduction in force and have certain rights as a result.
8.1.5 Layoff Alternatives
A number of alternatives exist for affected employees including:
1. Assume a vacant position - per Article 8.13.1
2. Bump - displacing a less senior employee
3. Recall - accepting unemployment and the option of future recall
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: (A) For the purpose of promotions and/or layoffs from
within a department, seniority shall mean time spent in a job classification within the bargaining unit. (B) For
all other purposes, seniority means 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.
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 Department.
8.2.2 Layoffs: Total Office / Department Seniority shall determine who is to be laid off within the
selected classification (affected group)and within the Office or Department. The least senior regular
employee(s)within the classification shall be the affected employee(s). In the event of two employees
having the same Office / Department 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 will
be the primary consideration, applied in accordance with seniority, consistent with Article 8.2.3.
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8.3 PROBATIONARY PERIOD
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. Department seniority shall then be based on continuous service with the Department.
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. An employee, therefore, will lose seniority rights by and/or upon:
8.4.1 Resignation.
8.4.2 Discharge.
8.4.3 Retirement.
8.4.4 Layoff/Recall list of more than eighteen (18) consecutive months.
8.4.5 Failure to respond to two offers of recall to former or comparable employment.
Employees who are re-employed following the loss of their seniority, shall be deemed a newly-hired
employee for all purposes under this Agreement, except as provided in the following: if an employee is laid
off or resigns in good standing after working at least twelve (12) consecutive months, and is thereafter re-
employed within twelve (12) months (or eighteen (18) months in the event of recall), the employee will,
upon successful completion of the probationary period, regain the seniority that they had as of the effective
date that the employee resigned.
8.5 LAYOFFS
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. 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 Office/Department Seniority shall determine who is to be laid off within the selected classification.
Bumping rights are determined by Office or Department seniority, consistent with Article 8.2. 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 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;
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; 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.
Layoff process:
A. The Employer may reduce the work force because of lack of work, lack of funds.
B. If a reduction in the work force becomes necessary, the Employer will first consider reduction through
normal attrition, (i.e., by not filling normally occurring vacancies).
C. If normal attrition is not feasible, then the Employer shall determine which position(s) will be
eliminated. The least senior employee(s) in the affected job classification(s) within the affected
department shall be laid off.
Before laying off any regular employee, all temporary and probationary employees within the same Office or
Department shall be laid off first, provided there is a regular employee qualified to do the work of the position.
Teamsters Local No.252 Prosecutor's Clerical Staff and Mason County 2022-2024 Collective Bargaining AgreD ORIGINI 17
8.6 NOTICE
Employees scheduled for layoff shall be given at least fourteen(14)calendar days'written notice of the layoff.
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 least senior employee, by Office or Department 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 Office or Department seniority within a job classification is equal, bargaining unit
seniority will be the determining factor. In the event this is also equal, Classification seniority will
control. In the event this is also equal, Employer seniority will control. If all of the seniorities are
equal, then Management shall make the final decision based on performance and job skills.
8.8.2 Volunteers: Simultaneous with implementing the provisions of the layoff procedure, the
Employer may first seek, by a five(5)working day posting process, volunteers for layoff or voluntary
resignation from among those employees who work within the same job classification as the
affected employees. If there are more volunteers than affected employees, volunteers will be
chosen by bargaining unit seniority. Employees who volunteer for layoff may opt for recall rights
as described in this article at the time of layoff.
If there are no or insufficient volunteers within the affected job classification, the remaining affected
employees who have received notice must choose promptly (within five (5) full working days of
receipt of the Notice) among the layoff options set forth in Article 8.13.
8.8.3 Probationary Employees: If the number of volunteers is not sufficient to meet the announced
number of necessary layoffs, and if the affected employee is an initial probationary employee, then
that employee shall be laid off and are ineligible to select among layoff options.
8.9 VACANT POSITIONS
Positions will be filled in accordance with Article 8.2 and other sections of this Article. Within the bargaining
unit and the Department, 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 Departments affected employees will be given
consideration for vacant positions for which they are qualified.
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,
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job locations, and FTE or hours per week shall be provided to the Union and posted in the affected
Department.
8.11 ORDER OF LAYOFF
The least senior employee (by Department Seniority) within the affected job classification and affected
Department shall be selected for layoff. No regular employee shall be laid off while another employee in
the same classification within the Department 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 Department 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.
8.13.2 Bump: Employees notified for layoff may bump other employees in their own 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 into is paid on a salary range that is equal to or
less than the salary range of their job classification;
3. They previously held status in that job classification or they are determined by the
Employer to be able to immediately perform the primary duties of the position they are
requesting to bump into; and
4. They provide written notification to their department head of their intent to exercise their
bumping right within five (5)calendar days' of receiving their layoff notice.
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, outlined in this subsection, then that third employee identified for layoff shall be laid
off.
It is understood that employees being laid off and/or recalled under this Agreement must meet the
education, experience and, if applicable, license and/or certification requirements and be able to
immediately perform the primary duties of the position they are requesting to bump or be recalled
into.
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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.
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 his/her 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 regular 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 the Prosecutor's office that they are deemed qualified to perform.
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.
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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 in the
bargaining unit 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 vacation 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 Department, until all qualified employees
holding recall rights to that affected classification have been offered recall.
A copy of the recall list shall be provided to the Union, upon request.
There shall be no probationary requirement for persons returning to their former position if the initial
probationary period has been completed.
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.
8.16 VACATION & LEAVE CASH OUTS/PAY
Anym 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).
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 April 1, 2022 through December 31, 2024, each employee shall have his/her base wage as set forth
in Appendix I and adjusted by an across the board (ATB) increase as set forth below:
INCREASE
1/1/2022 %1.75
1/1/2023 %1.75
1/1/2024 %1.75
ORIGINAL
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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.
Each move within a range is determined by the employee's anniversary date. The anniversary date is the
day the employee started work within a range. Upon promotion of an employee placing him/her in a higher
range, the date of the promotion becomes the anniversary date that determines future step increases within
that range. The employee's actual date of hire with Mason County will always remain the same (regardless
of promotion)for purposes of vacation leave, sick leave, and retirement.
The Employer shall make available information monthly which shall reflect all items covered by gross pay
such as; sick leave, vacation time, straight time and overtime.
9.2 HIRE-IN RATES
New regular employees shall normally be placed at Step 1 of the appropriate salary range or placed
consistent with current personnel rules.
ARTICLE 10 —OTHER COMPENSATION
10.1 WORK IN A HIGHER CLASSIFICATION
No employee shall be reduced in salary or benefits because of being assigned by the Employer to perform
the work of a lower classification, except in the situation of lay off. A supervisor may assign an employee to
perform the primary duties of a higher classification, when those duties are not part of the employee's current
job classification, for the purpose of:
A. Providing work coverage during an authorized vacation period;
B. Providing work coverage during an authorized sick leave;
C. Providing work coverage for an authorized leave of absence; or
D. Providing work coverage for a currently vacant position.
An employee who has been assigned to perform all of the significant duties of a--higher level job classification
and who performs such duties for five (5) or more consecutive days, due to the absence of the employee
who normally holds that higher level position, shall be compensated using the step on the salary range of the
higher job class that provides at least a five (5%) percent increase over the current rate of base pay for the
employee working out of classification. This section is not applicable to employees who are being trained to
perform the work of the higher classification.
10.2 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.
10.3 LONGEVITY
Effective June 1, 2022, the County shall provide additional compensation above for each eligible, regular
full-time employee's base salary (or base hourly rate, if applicable) to recognize continuous length of
service as a County employee. Eligible, regular part-time employees shall receive pro-rated longevity
benefits in proportion to the number of hours the regular part-time employee is in pay status during the
month as compared to that required of full-time employment. The longevity benefit will be implemented in
accordance with the following schedule:
Total Years of Service Completed Additional Pay Increment
Beginning the 11t'' year through the 151h year 1.5% above base
Beginning the 16t' year through the 20th year 3.0% above base
Beginning the 2111 year through the 25t'year 4.5% above base
Beginning the 26t'' ear and continuing thereafter 6.0% above base
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ARTICLE 11 - HOLIDAYS
11.1 HOLIDAYS
The following designated annual paid Holidays shall be observed per County Policy (other than the
Floaters).
New Year's Day Labor Da
Martin Luther King Day Veteran's Da Armistice Da
Presidents' Day Thanksgiving Da
Memorial Day Day After Thanksgiving*
Juneteenth Christmas Eve
July 41h Christmas Da
Two 2 Floating Holidays
Eligible full-time employees shall receive eight (8) hours of holiday benefit pay. Regular part-time
employees shall be paid pro rata holidays in accordance with the number of hours regularly compensated.
For any Holiday to be paid, an employee must be in paid status the employee's scheduled work-day before
and the employee's scheduled work-day after the Holiday.
The floating holidays are to be at the discretion of the employee with the approval of the supervisor,
requiring one week's advance notice,which may be waived by the supervisor. 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.
Christmas Eve may be taken off based on the operational needs of the County and the Elected
Official/Department Head and/or designee, 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 preceding Friday shall be considered the holiday.
When a recognized Holiday falls on a Sunday, the following Monday shall be considered the Holiday.
11.4 HOLIDAY ON DAY OFF
Benefitted employees shall receive eight (8) hours' holiday benefit pay and time-off for each holiday listed
in Article 11.1 — Holidays.
11.5 HOLIDAY COMPENSATION
Benefitted employees shall be paid no more than eight (8) hours of holiday benefit pay for that day
regardless of their work individual schedule. Part-time employees will receive a paid holiday in proportion
to the number of hours they ordinarily would be scheduled to work (not to exceed eight (8) hours) on that
day.
ARTICLE 12—VACATION
12.1 VACATION ACCRUAL
All regular and temporary full-time employees of the County coming under this Agreement after six (6)
months' employment shall be entitled to and receive vacation leave with pay as follows:
1 st through 3rd year of employment 96 hours
4th through 71h year of employment 120 hours
8th through 9th year of employment 144 hours
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101h through 11 th year of employment 160 hours
12th through 14th year of employment 176 hours
15th through 16th year of employment 184 hours
17th through 19th year of employment 192 hours
20 or more years of employment 200 hours
Regular and temporary part-time employees shall accrue vacation leave on a pro-rated basis in proportion
to the number of hours the part-time employee is in pay status during the month as compared to that required
for full-time employment, plus they must also meet the qualification for PERS participation to have vacation
leave accrual apply.
The first day of the month of hire shall be the effective date of subsequent increases in the vacation leave
accrual rate for employees hired between the first and the fifteenth of the month. The first day of the month
following the month of hire shall be the effective date of subsequent increases in the vacation leave accrual
for employees hired between the sixteenth and the last day of the month.
Regular and temporary full-time employees shall accumulate one-twelfth (1/12th) of their yearly
accumulation total per month. The maximum amount of vacation leave that may be accrued at any point
in time is four hundred(400)hours. No additional vacation leave will be accrued or added to an employee's
vacation leave benefit when the maximum accrual has been attained.
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 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.
With the exception of promoted employees, vacation leave accrued within the first six (6) months of
employment cannot be utilized by an employee until he/she has successfully completed the initial
appointment probationary requirements
Whereas 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 Department
or division thereof from providing efficient public service.
Vacation leave approval will be granted on the basis of the employee meeting workload requirements.
All requests to use vacation leave shall be submitted in writing. When an employee desires to use five (5)
or more consecutive vacation 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 leave requests that are submitted more than sixty (60)
calendar days in advance of the time off requested shall be considered on a case-by-case basis.
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.
1) ORIGINAL
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Employees shall have the option of using comp time or vacation leave for approved paid time off.
12.3 VACATION PAY
Vacation leave days shall be the same as the regular workday schedule for the Department 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.
When a holiday occurs during an employee's approved vacation leave, the day on which the holiday occurs
will be charged as holiday leave rather than vacation leave. Employees cannot receive vacation, sick
leave or holiday pay simultaneously for the same days.
12.4 VACATION UPON TERMINATION
When a regular full-time or regular part-time employee's employment terminates, the employee shall be
paid in full for all accrued vacation leave. The vacation leave cash out shall be paid 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 accrued vacation 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.
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.
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 Elected Official/Department Head
and/or designee. Pay in lieu of unused vacation shall be forfeited if ten (10)working days written notice is
not provided or waived.
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.
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:
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
1] ORIGINAL
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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;
1. 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;
2. 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;
3. The transfer of leave and the amount of leave shall be authorized by the Board in advance.
4. 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.
The Employer may permit an employee to receive donation of vacation, sick or comp time consistent with
the then current Shared Leave policy.
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.
A. For a period of absence from work due to injury or occupational disease resulting from County
employment, the employee shall file an application for Worker's Compensation in accordance with
State Law.
B. If the employee has accumulated Sick Leave credit, the County shall pay the Sick Leave difference
between his/her time loss compensation and his/her full regular salary unless the employee elects
not to use his/her Sick Leave.
C. Should an employee receive Worker's Compensation for time loss and he/she also receives
sick leave compensation, his/her sick leave accrual prior to the time loss will be reduced by
the total number of hours he/she was on sick leave minus the number of hours at full salary
for which he/she is paid to the nearest hour.
D. Until eligibility for Worker's Compensation is determined by the Department of Labor and
Industries, the County may pay full sick leave accumulated, provided that the employee shall
return any subsequent overpayment to the County.
E. Should an employee apply for time loss compensation and the claim is then or later denied,
sick leave and vacation 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 vacation leave or comp time may
be substituted for"sick leave" above.
L)
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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 1.6
13.6 SICK LEAVE CASH OUT
Payment for and balance up to the maximum amount allowed, by this policy and all other policies, shall
be no greater than 1,200 hours of unused Mason County Sick Leave and shall be made only in the
following circumstances:
1. Upon termination of employment with fifteen (15) years of continuous service with Mason
County, and the employee's hire date was prior to April 13, 2010; or
2. Upon termination of employment with Mason County, when the termination is
contemporaneous with retirement from the applicable Washington State public employee's
retirement system, and the employee was hired prior to April 13, 2010 with continuous service;
or
3. Upon the death of an employee, in which case payment shall be made to his/her estate,
provided the employee was hired prior to April 13, 2010; or
4. Employees who terminate employment to become an Elected Official of Mason County,
provided the employee was hired prior to April 13, 2010.
Terminated employees who are not eligible for payment of unused sick leave shall forfeit all sick leave
accrual.
ARTICLE 14— LEAVES OF ABSENCE
14.1 IN GENERAL
Leaves of absence requests detailed in this section 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, or
utilization of Washington Paid Family Medical Leave. 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 requiring to appear
before a court, legislative committee or quasi-judicial body as a witness in response to a subpoena or other
directive, shall be allowed authorized leave with pay less any amount received for such duty.
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).
Employees enlisting or entering the military service of the United States, pursuant to the provisions of the
Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) shall be granted all
rights and privileges provided by the ACT.
14.4 BEREAVEMENT
Up to three (3) days' funeral/bereavement leave may be taken in case of death in the immediate family
requiring the attendance of the employee (funerals are included). Two (2)additional days sick leave may
be taken at the employee's request. For the purposes of this article, immediate family shall include only
persons related by blood or marriage or legal adoption and is limited to the following relations: spouse,
parent, grandparent, sibling, child, grandchild, aunt, uncle, cousin, niece, nephew, grandparent-in-law,
parent-in-law, sibling-in-law, and child-in-law of the employee.
ORIGINAL
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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
As appropriate for the type of leave requested, paid leave accruals will be utilized prior to unpaid leave,
unless Washington Paid Family Medical Leave is utilized. 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.
14.7 FAMILY LEAVE—FMLA
The County and the Union mutually agree to comply with all State and Federal Family Leave Laws
(FM LA, RCW 49.78). The Employer will grant leave consistent with the FMLA and the adopted conditions
and provisions of the state and federal law and are not intended to expand upon the rights thus set forth.
If an employee has any questions regarding the State and Federal Family leave laws, they may contact
the County's Human Resource Department for guidance
14.8 MATERNITY LEAVE
Consistent with WAC 162-30-020, the Employer will grant a leave of absence for a period of temporary
disability,because of pregnancy or childbirth. This may be in addition to the leave entitlements of FMLA.
This leave provides female employees with the right to a leave of absence equivalent to the disability phase
of pregnancy and childbirth. There is no eligibility requirement, however the Employer has no obligation
to pay for health insurance benefits while on this leave (unless utilized concurrent with FMLA).
Leave for temporary disability due to pregnancy or childbirth will be medically verifiable. There is no limit
to the length of the disability phase, except for the right for medical verification and the right of second
opinion at the employer's expense. At the end of the disability leave, the employee is entitled to return to
the same job or a similar job of at least the same pay as provided by law. Employees must use their
accrued vacation and sick leave, if any, during the leave period and, at their election, any accrued comp
time, consistent with the retention provision as provided in Article 14.7. Once this paid leave is exhausted,
the employee's leave may be switched over to unpaid leave.
14.9 INCLEMENT WEATHER
Employee rights and responsibilities during severe weather and emergency or disaster conditions are
covered by the current Inclement Weather Policy of the Employer. The goal shall be to continue to provide
essential Employer services, consistent with public and employee safety and emergency operations
priorities. If an employee is expected to work during inclement weather, emergency closure or early release
while any other employee does not have to arrive/remain at work because of a Department closure, the
employee who must suffer work shall be credited the same amount of time off of the Department closure
and the amount of time the Department closed workers were allowed to remain away from work.
ORIGINAL
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14.10 WASHINGTON STATE PAID LEAVE COMPLIANCE
The County and Union mutually agree to comply with all Washington State Paid Family & Medical Leave
laws, per RCW 50A.04, and future amendments with the law.
14.11 WASHINGTON STATE LONGTERM CARE TRUST ACT COMPLIANCE
The County and the Union mutually agree to comply with all Long-Term Services and Supports Trust
Program statutes, per RCW 5013.04, and future amendments to the statute.
ARTICLE 15— HEALTH &WELFARE
15.1 HEALTH AND LIFE INSURANCE
The County shall contribute as identified below per employee, per month, towards the premiums for
Health and Welfare benefits for each employee, including their eligible dependents, compensated eighty
(80) man-hours (excludes, vacation, sick and comp time payouts, upon separation) or more per month.
This contribution is to be applied to premiums for Public Employee's Benefits Board (PEBB), and current
County medical, dental, vision, and life insurance plans or other carriers as designated by written notice by
the bargaining unit.
The County contribution for Health &Welfare Insurance shall be:
A. Effective upon ratification 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.
B. 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.
C. Effective January 1, 2024 the contribution shall be increased to one thousand and five hundred
and eighteen dollars ($1518) per month during the term of this Agreement for each eligible
employee for medical, dental, vision, and life insurance coverage.
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 EAP benefit for all bargaining unit
employees.
15.3 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.
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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.
16.2 TRAINING REIMBURSEMENT
Compensation associated with training or representation of the Employer on official business shall be
consistent with the current policy and the Fair Labor Standards Act(FLSA) and WAC 296-128-500.
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. This 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.
17.2 COMPOSITION OF COMMITTEE
The Labor Management Committee meetings will include a minimum of two (2) representatives of the
employer and at least one (1) representative from Human Resources and a minimum of two (2)
representatives appointed by the Union, unless otherwise mutually agreed upon. Said committee shall
attempt to meet for the purpose of discussing and facilitating the resolution of issues which may arise
between the parties other than those for which another procedure is provided by law or other provisions of
this Agreement.
17.3 COMPENSATION
All meeting time spent by members of the joint Labor-Management Committee will be considered 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.
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Fitness for Duty— If a supervisor or manager reasonably suspects, through observation, that an employee
may 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.
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
employee's immediate supervisor or manager if the grievance is not related to a salary issue. The
supervisor or manager 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 supervisor shall respond
to the grievance within seven (7)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. 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 Mason County Prosecutor within ten (10)calendar days of the incident giving rise to the
grievance.
Teamsters Local No.252 Prosecutor's Clerical Staff and Mason County 2022-2024 Collective Bargaining Agreement Page 31
Step 2. The grievance shall be presented in writing on an official Union grievance form. This shall
include:
1. The specific details of the incident or issue giving rise to the grievance;
2. The Article(s) and Section(s)of the Agreement allegedly violated; and
3. The remedy sought.
The written grievance shall be submitted by the employee and/or the Union Steward/Union
Representative to the Mason County Prosecutor 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 Mason County Prosecutor(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
Mason County Prosecutor 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 Director 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 Director or designee shall schedule a meeting with the
Employee, Union Steward/Union Representative, and the Mason County Prosecutor(or designee)to
hear and seek to resolve the grievance. The Human Resources Director shall provide a written
answer to the Employee, Union Steward/Union Representative, and Mason County Prosecutor within
fourteen (14) calendar days of the meeting. If the grievance is not resolved at Step 3, the grievance
may be advanced to Step 4.
Step 4. The Union may choose to submit the grievance to arbitration and in such case will deliver
written notification of its intent to arbitrate to the Employer within fourteen (14) calendar days. The
Union's request for arbitration shall be in writing and may be filed with the Public Employment
Relations Commission-(PERC), Federal Mediation and Conciliation Service (FMCS), or a mutually
agreed upon arbitrator or arbitration service within thirty (30) calendar days of the Union's notice to
the Employer of its intent to arbitrate. 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. Question or questions at issue;
2. Statement of facts and position of each respective party; and
3. Copy of the grievance and related correspondence.
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 employees involved, provided the decision does not involve action by the Employer which is
beyond its jurisdiction. ZJ KIGINAL
Teamsters Local No.252 Prosecutor's Clerical Staff and Mason County 2022-2024 Collective Bargaining Agreement Page 32
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.
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.
19.3 UNION/EMPLOYER GRIEVANCE
Either the Union or the Employer may initiate a grievance at Step 2 if the grievance is submitted in writing
within ten (10) business days from the date the Employer/Employees became aware or reasonably should
have known that the grievance existed. The Employer may not grieve the acts of individual employees,
but rather, only orchestrated acts or actions of authorized representatives believed to be in conflict with
this Agreement. An Employer grievance will not be subject to Arbitration and may only go to mediation
upon mutual agreement.
The Union may initiate a Grievance at Step 2 anytime that it involves a group of employees involving
different supervisors or from different Departments. Such grievances may be referred to mediation
services by mutual agreement prior to Arbitration.
19.4 SCHEDULE OF MEETINGS
Upon request, and without unnecessary delay, a steward's immediate supervisor or designee shall allow
the steward during normal work hours without IoSSr of pay, reasonable time to:
19.4.1 Investigate any grievance or dispute so that same can be properly presented in accordance
with the grievance procedure.
19.4.2 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.
19.4.3 Confer with a staff representative of the Union and/or employees on Employer premises, at
such time and places as may be authorized by the Director or designee in advance of the intended
meetings.
For the purposes of this Article and Article 4.3, obtaining coverage to insure minimum staffing levels shall
not be considered an unnecessary delay. The Employer shall not be obligated to provide coverage
immediately if the use of overtime is the only means of providing that coverage.
ARTICLE 20 - NO STRIKE/NO LOCKOUT
20.1 NO STRIKE/NO LOCKOUT
The Union agrees that there shall be no strikes, slow-downs, or stoppage of work, or any interference with
the efficient operation of the Department. Any such action shall be subject to disciplinary action, including
termination and replacement of the involved employees. The Employer shall not lockout any employee
during the life of this Agreement.
ARTICLE 21 — MANAGEMENT RIGHTS AND RESPONSIBILITIES
21.1 MANAGEMENT RIGHTS AND RESPONSIBILITIES
a RIGINAL
Teamsters Local No.252 Prosecutor's Clerical Staff and Mason County 2022-2024 Collective Bargaining Agreement Page 33
Except as specifically abridged, granted, delegated or modified by this Agreement, including amendments,
the County reserves 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.
G. Assign work and schedule employees.
H. Establish work rules and rules of conduct.
I. Evaluate employee performance.
J. Reduce staff or reduce working hours due to a lack of work or lack of funds.
K. Take all actions necessary to carry out the mission of the County in emergencies.
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. The Union recognizes the County's right to
manage subject only to the terms and conditions of this Agreement.
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, the 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 be in full force and effective upon ratification by the parties and shall remain in effect
through December 31, 2024. Either party may request negotiations of a successor agreement at least sixty
(60) days before the annual expiration date. This Agreement may be modified during its term by mutual
agreement of both parties concerned, such mutual agreement to be in writing and to be incorporated as
part of this Agreement.
L] p"DRIGINA
Teamsters Local No.252 Prosecutor's Clerical Staff and Mason County 2022-2024 Collective Bargaining Agreement Page 34
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.
SIGNATURES
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement
Q�
this day of D�/� 2022.
TEAMSTERS LOCAL NO. 252 BOARD OF COUNTY COMMISSIONERS
A &�
R 4—P�
Brian Blai dell; Secretary-Treasurer Ran y peathedin, Commissioner
District#1
iojbDeFR a; Business Agent Kevin Shutty; Commissioner
District#2
Sharon Trask; Commissioner
District#3
MASON COUNTY PROSECUTOR
, i
ORIGINAL
Teamsters Local No.252 Prosecutor's Clerical Staff and Mason County 2022-2024 Collective Bargaining Agreement Page 35
Appendix I -Wage Tables
Effective 4/1/2022*
ATB Increase of 1.75%
Advancement from one step to the next is annual and on the employee's anniversary date
On 1/1/2022 as Non-represented staff, employees were moved to Step 9 on the Non-Represented scale, Effective 4/1/2022,
they will move to Step 9 on this scale. Employees moved to Step 4 of the Non-Represented scale on 1/1/2022,will be moved to
Step 5 on this scale,effective 4/1/2022.
Classification Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10 Step 11
Rec/Sec 3478.16 3565.11 3650.34 3741.60 3833.37 3928.43 4027.16 4128.30 4231.51 4337.30 4445.73
Legal/Admin 1 3740.61 3834.13 3927.24 4025.43 4124.68 4227.02 4332.94 4441.33 4552.36 4666.17 4782.82
Effective 1/1/2023
ATB Increase of 1.75%
Advancement from one step to the next is annual and on the employee's anniversary date
Classification Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10 Step 11
Rec/Sec 3627.50 3714.22 3807.08 3900.45 3997.18 4097.64 4200.55 4305.56 4413.20 4523.53
Legal/Admin 1 3901.23 3995.97 4095.88 4196.86 4300.99 4408.77 4519.05 4632.03 4747.83 4866.52
Effective 1/1/2024
ATB Increase of 1.75%
Advancement from one step to the next is annual and on the employee's anniversary date
Classification Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10 Step 11
Rec/Sec 3690.98 3779.22 3873.70 3968.71 4067.13 416934 4274.05 4380.91 4490.43 4602.69
Legal/Admin 1 3969.50 4065.90 4167.55 4270.31 4376.26 4485.92 4598.14 4713.09 4830.91 4951.68
*Note: Retroactive pay shall apply to bargaining unit members active in the County's employment as of the Date of
Ratification-See Worksheet for Ratification for Tracie Core, Jessicah Curry, Nicole Helser, Margie Olinger, and
Sandra Vasquez.
ORIGINAL
Teamsters Local No.252 Prosecutor's Clerical Staff and Mason County 2022-2024 Collective Bargaining Agreement Page 36