HomeMy WebLinkAbout2022-2025 Collective Bargaining Agreement for Public Works "OLLECTWEl
AGREEMENT
January 1 , 2022 — December 31 , 2025
BETWEEN
TEAMSTERS UNION OPERATING ENGINEERS
LOCAL NO. 252 and LOCAL 302
-
o
AND
MASON COUNTY
PUBLIC WORKS
Co
1854
ORIGINAL
operating Engineers/Teamsters and Mason County 2022-2025 Public Works Collective Bargaining Agreement
Page 1
TABLE OF CONTENTS
PREAMBLE...................................................................................................................................5
ARTICLE1 - DEFINITIONS..........................................................................................................5
ARTICLE2-- RECOGNITION .......................................................................................................6
2.1 RECOGNITION....................................................................................................................6
2.2 NEW CLASSIFICATIONS......................................................................................................6
ARTICLE 3 -UNION SECURITY.............................__...... .................... .......___....................7
3.1 UNION REPRESENTATION...................................................................................................7
3.2 BARGAINING UNIT WORK............................................................................................... ...7
3.3 NONDISCRIMINATION--UNION ACTIVITY..............................................................................8
ARTICLE 4- UNION 1 EMPLOYER RELATIONS.........................................................................8
4.1 UNION ACCESS .................................................................................................................8
4.2 FACILITY USE....................................................................................................................8
4.3 STEWARDS .......................................................................................................................8
4.4 ORIENTATION....... .......................................................................................... ...........8
4.5 BULLETIN BOARDS............................................................................................................9
4.6 CONTRACT DISTRIBUTION..................................................................................................9
4.7 NEGOTIATIONS RELEASE TIME...........................................................................................9
4.8 GRIEVANCE RELEASE TIME................................................................................................9
4.9 UNION BUSINESS................................ ............... ...__...... ........ .............................9
4.10 BARGAINING UNIT ROSTER...........................................................................................9
ARTICLE 5- MANAGEMENT RIGHTS AND RESPONSIBILITIES..............................................9
ARTICLE 6 - NO STRIKE 1 NO LOCKOUT.................................................................................10
ARTICLE 7 - EMPLOYMENT .....................................................................................................10
7.1 PROBATIONARY PERIODS ................................................................................................ 10
7.2 TYPES OF EMPLOYMENT.................................................................................................. 11
ARTICLE 8 -- HOURS OF WORK AND OVERTIME....................................................................12
8.1 WORKDAYIWORKWEEK................................................................................................... 12
8.2 WORK SCHEDULES.......................................................................................................... 12
8.3 REST/MEAL BREAKS....................................................................................................... 13
8.4 OVERTIME....................................................................................................................... 13
ARTICLE 9 - EMPLOYMENT PRACTICES................................................................................13
9.1 NONDISCRIMINATION ....................................................................................................... 13
9.2 JOB POSTING.................................................................................................................. 14
9.4 PERSONNEL FILE 1 POLICIES............................................................................................ 14
9.5 EVALUATIONS ................................................................................................................. 15
9.6 DISCIPLINE 1 CORRECTIVE ACTION ................................................................................... 15
ARTICLE 10 SENIORITY...........__.... ....................................................................................16
10.1 LAY-OFF & RECALL ................................................................................................... 16
10.2 BIDDING RIGHTS ........................................................................................................ 17
ARTICLE11 -WAGES...............................................................................................................17
11.1 WAGE SCHEDULE....................................................................................................... 17
11.2 HIRE-IN RATES........................................................................................................... 18
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11.3 SHIFT DIFFERENTIAL .................................................................................................. 17
ARTICLE 12 - OTHER COMPENSATION ..................................................................................17
12.1 CALLBACK PAY........................................................................................................ 17
12.2 WORK IN A HIGHER CLASSIFICATION........................................................................... 18
12.3 MILEAGE REIMBURSEMENT......................................................................................... 19
12.4 LONGEVITY ........................... ................................................................................. 19
12.5 LEAD WORKER(DESIGNATED FOREMAN) .................................................................... 19
12.6 COMMERCIAL DRIVER'S LICENSE (CDL)...................................................................... 19
12.7 CLOTHING............................................ ....................... ................ ....................
12.8 SPECIALTY PAY(S)..................................................................................................... 19
ARTICLE13 - HOLIDAYS...........................................................................................................20
13.1 HOLIDAYS..................................................................................................................20
13.2 HOLIDAY OBSERVANCE..............................................................................................20
13.3 HOLIDAY COMPENSATION........ ........ .........................................................................20
ARTICLE 14-VACATION.........................................................................................
14.1 VACATION ACCRUAL..................................................................................................20
14.2 VACATION SCHEDULING .......... ...............................................................................21
14.3 VACATION PAY...........................................................................................................21
14.4 VACATION UPON TERMINATION...................................................................................22
ARTICLE 15 - SICK LEAVE........................................................................................................22
15.1 SICK LEAVE ACCRUAL................................................................................................22
15.2 SICK LEAVE USAGE....................................................................................................22
15.3 SHARED LEAVE............................................................................................. .. ..22
15.5 FAMILY MEMBER........................................................................................................24
15.6 SICK LEAVE CASH OUT ..............................................................................................24
ARTICLE 16 - LEAVES OF ABSENCE......................................................................................24
16.1 IN GENERAL...............................................................................................................24
16.2 JURY DUTY/COURT ....................................................................................................24
16.3 MILITARY LEAVE ........................................................................................................24
16.4 BEREAVEMENT..................................................................... .....................................24
16.5 MAINTENANCE OF SENIORITY......................................................................................24
16.6 LEAVE WITHOUT PAY .................................................................................................25
16.7 FAMILY LEAVE--FMLA..............................................................................................25
16.8 PAID FAMILY& MEDICAL LEAVE COMPLIANCE.............................................................25
ARTICLE 17 - HEALTH & WELFARE........................................................................................25
17.1 HEALTH AND LIFE INSURANCE ....................................................................................25
17.2 RETIREMENT..............................................................................................................26
ARTICLE18 TRAINING ...........................................................................................................27
18.1 TRAINING.......................................................................................... .27
18.2 TRAINING REIMBURSEMENT........................................................................................27
ARTICLE 19- LABOR I MANAGEMENT COMMITTEES............................................................27
19.1 PURPOSE OF COMMITTEE ...........................................................................................27
19.2 COMPOSITION OF COMMITTEE.....................................................................................27
19.3 COMPENSATION .........................................................................................................27
19.4 LABORIMANAGEMENT SCHEDULING COMMITTEE.........................................................27
operating Engineers/Teamsters and Mason County 2022-2025 Public Works Collective ing Ajr MINAL
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ARTICLE 20 - HEALTH & SAFETY.........,.................... .............................................................28
20.1 SAFE WORKPLACE.....................................................................................................28
20.2 HEALTH &SAFETY PLAN............................................................................................28
20.3 VEHICLE SAFETY........................................................................................................28
ARTICLE 21 - GRIEVANCE PROCEDURE.................................................................................23
21.1 GRIEVANCE DEFINED..................................................................................................28
21.2 GRIEVANCE PROCEDURE............................................................................................29
21.3 UNIONIEMPLOYER GRIEVANCE ...................................................................................30
21.4 SCHEDULE OF MEETINGS............................................................................................31
ARTICLE 22 - GENERAL PROVISIONS.....................................................................................31
22.1 SAVINGS CLAUSE.......................................................................................................31
ARTICLE 23 - ENTIRE AGREEMENT........................................................................................31
23.1 DURATION CLAUSE .................................................................................................... 31
23.2 ENTIRE AGREEMENT...................................................................................................31
SIGNATURES .............................................................................................................................32
APPENDIXI -WAGES................................................................................................................33
APPENDIX II -SHOP ASSISTANT.............................................................................................35
APPEDNIX III - DAILY WORK ASSIGNMENTS......................................................... ...36
APPENDIX IV- DAILY WORK ASSIGNEMENT PROTOCOL....................................................37
APPENDIX V-TRAINING PROGRAM PROTOCOL..................................................................38
ORIGINAL
Operating EngineersFreamsters and Mason County 2022-2026 Public Works Collective Bargaining Agreement
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PREAMBLE
Mason County, a political subdivision of the State of Washington, hereinafter referred to as the
"County" or "Employer," Operating Engineer's Local 302 and Teamsters Union Local No.252,
hereinafter referred to as the"Council" or"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.
ARTICLE 1 — DEFINITIONS
As used herein, the following terms shall be defined as follows:
1.1 Bargaining Unit (Council/Union) shall be Operating Engineers 302 and/or Teamsters Union
Local No. 252.
1.2 Employer (County) shall mean the Board of Mason County Commissioners.
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 "Immediate family" shall be defined as persons related by blood, marriage, or legal adoption
in the degree of relationship of spouse, registered domestic partner, grandparent, parent
(biological, adoptive, de facto, or foster parent, stepparent, or legal guardian of an employee
or employee's souse 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,
stepchild, or a child to whom the employee stands in loco parentis, is a legal guardian, or is
a de facto parent, regardless of age or dependency), 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 or designee.
1.7 "Overtime" shall mean all Employer-required work which has been performed in excess of
forty (40) hours per week, or eight (8), nine (9), or ten (10) hours per day, consistent with
Article 8.4.
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.
1.9 Vacation shall mean a scheduled work day 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.
{')RIGINAL
Operating Engineerslreamsters and Mason Couuty 2022-2025 Puhlic Works Collective Bargain reeman
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1.10 A 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 1It or the 16t' 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 Operating
Engineers Local 302 and Teamsters Union Local No. 252, Centralia, Washington, has the right to
bargain for all full-time and regular part-time employees of the Mason County departments of Mason
County Equipment Rental and Revolving Division of the Department of Public Works, excluding..
supervisory employees, and confidential employees, 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 within ten (10) working days of the
pending action prior to hire.
When existing classifications are substantially modified within the Departments represented or the
classifications listed in Appendix 1, the Union will be notified of the pending action within ten (10)
working days of the date that the position is first posted 1 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.
ORIGINAL
Operating Engineers/Teamsters and Masan County 2022-2025 public Works Collective Bargaining Agreement
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ARTICLE 3 —UNION SECURITY
3.1 UNION REPRESENTATION
a. It is mutually agreed that only Union members of this unit shall engage in active
participation in Union affairs of this unit, or serve in a role of leadership of the unit such as:
serving as a delegate or representative, serving on negotiating or other Union
committees, or participating in other similar activities to the interest of the unit.
b. The Union shall have up to a thirty (30) minute orientation with new employees during
the employees' regular work hours. The Union will explain that it is the designated as
the exclusive representative for all employees covered under the Collective Bargaining
Agreement. The Union shall inform each new employee that membership in the Union
is voluntary, and only when an employee clearly and affirmatively consents to joining,
the Union may 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, or hold 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 BARGAINING UNIT WORK
The County shall have the right to select its supervisory employees regardless of whether such
employees are members of a Council affiliate Union. Supervisors will not perform bargaining unit
work except in emergency situations, for the purpose of training or demonstration, or incidental
assistance to a bargaining unit employee of short duration.
L) ORIG1%
Operating Engineers/Teamsters and Mason County 2022-2025 Public Works Collective Bargaining Agreement
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3.3 [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 an Officer in the Union or serving on a
Union committee.
ARTICLE 4-- UNION / EMPLOYER RELATIONS
4.1 UNION ACCESS
Employees shall have the right to Union representation. The Union's authorized staff representatives
shall have access to the Employer's premises where employees covered by this Agreement are
working for the purpose of investigating grievances and contract compliance, after notifying the
Employer. Access for other purposes shall not be unreasonably denied by the Employer, provided
however, that there is no serious or prolonged interruption of the Employer's working schedule.
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 Officer 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 5:00 pm to 8:00 am and
12:00 pm to 1:00 pm, unless otherwise approved by the Employer.
4.3 STEWARDS
The Union may designate Shop Stewards for the Bargaining Unit as a whole. 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 Department Head shall grant the Steward's request unless the Steward cannot
be spared at that particular time. If such is the case,then the Department Head 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 and
Officers. With notice to the Employer, Stewards and/or the Officers 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.
The duties of the Shop Steward shall be to create harmony between employees and the Employer,
and there shall be no discrimination against the Shop Steward for his/her Union activities.
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.
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Operating EngineerslTeamsters and Mason County 2022-2025 Public Works Collective Bargaining Agreement
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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. The Employer will make a copy of the Agreement available on the County Website.
4.7 NEGOTIATIONS RELEASE TIME
The Employer will make a good faith effort to assist in providing release time for Union negotiating
team members participating in contract negotiations if negotiations take place on work time,
provided that coverage can be arranged.
4.8 GRIEVANCE RELEASE TIME
Priorto any proposed investigation of a grievance, stewards provide notice to their and the grievant's
supervisor, which will be granted unless the steward, Officer or the grievant is working on something
that requires immediate attention. If permission cannot be immediately granted, the Employer will
arrange to allow investigation of the grievance at the earliest possible time. When it is necessary
for stewards to conduct Union business authorized by this Agreement in an area or on a shift other
than their own, they shall notify the supervisor of that area or shift of their presence and of the nature
of their business. No compensation shall be provided by the Employer for such steward activities
outside the employee's work shift, without express pre-authorization by the steward's Department
Director or Human Resources.
4.9 UNION BUSINESS
Compensable Union business shall be defined as meeting with an authorized Employer
representative who schedules a meeting during normal business hours when it is necessary for a
duly authorized Officer 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 21.4, 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 Union or 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.
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 the name and date of hire.
ARTICLE 5 — MANAGEMENT RIGHTS AND RESPONSIBILITIES
5.1 The Council recognizes the County's right to manage, subject only to the terms and
conditions of this Agreement. Except as specifically abridged, granted, delegated or modified by this
D AIGINA,
Operating Engineers!teamsters and Mason County 2022-2025 Public Works Collective Bargaining Agreement
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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 6 - NO STRIKE / NO LOCKOUT
6.1 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 7— EMPLOYMENT
7.1 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.
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 one (1) month of work,
consistent with Article 7.3.
LJ ORIGINAL
Operating Engineers/Teamsters and Mason County 2022-2025 Public Works Collective Bargaining Agreement
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7.2 TYPES OF EMPLOYMENT (NOTE.' BENEFITS ELIGIBILITY MAY NEED REVISED PER ACA AND
TEAMSTERS TRUST RULES)
7.2.1 REGULAR LULL-TIME EMPLOYEES:
A regular full-time employee is scheduled to work forty (40) hours per week. Regular Full-
Time employees are eligible to receive the standard benefit package.
7.2.2 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 17.1.
7.2.3 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 17.1 if Bart-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 thirty (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.
7.2.4 EXTRA HELPION-CALL EMPLOYEES:
An on-call/extra help employee works in a limited, but on-going capacity. They do not have
a specific end date. Their schedule may consist of an intermittent or varying schedule per
week on an as needed basis, and are anticipated to work fewer than one thousand and forty
(1,040) hours within a twelve (12) month period. They are not eligible for the benefits
package.
7.2.5 SEASONAL EMPLOYEES:
A seasonal employee works for a specific amount of time and is not anticipated to meet or
exceed one thousand and forty (1,040) accumulated hours in a twelve (12) month period. A
seasonal employee is not eligible to receive the benefits package. The combined number of
seasonal help employees shall not exceed eight (8).
E) ORIGINAL
Operating Engineers/Teamsters and Mason County 2022-2026 Public Works Collective Bargaining Agreement
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ARTICLE 8 -- HOURS OF WORK AND OVERTIME
8.1 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.
8.2 WORK SCHEDULES
Where a single shift is worked, eight(8) hours of continuous employment, except for lunch periods,
shall constitute a day's work; time to start when employee arrives at normally assigned shop in
response to County's orders. Five (5) days, 7:00 am Monday to 3:30 pm Friday, shail normally
constitute a week's work.
A guarantee of four (4) hours` pay shall be paid to any employee who reports to work on a work
day, but not put to work.
Changes in work schedule, may include changes in the schedule or total hours.
Management shall reserve the right to modify the daily schedule of the Roads, Fleet and Sign
Shop personnel to ensure coverage of County needs beyond those of the Road Department itself.
In an emergency identified by the Public Works Director or designee, management may implement
a 12-hour, two-shift operation (12:00pm to 12:00am and 12:00am to 12:00pm). When the County
implements such two-shift 24-hour operation, all bargaining unit employees shall be compensated
at the double-time rate of pay for all overtime hours. Employees will be given as much notice as
possible to adjust to the change in hours going into and coming out of the revised work hours.
Employees working their normal schedule during the term of an emergency will not be paid the
double-time rate for overtime hours while working their regularly scheduled hours. However,
subject to supervisory approval, employees may flex their schedule to avoid the necessity of using
vacation accruals when transitioning into work status and coming out of revised work hours and
returning to their normal schedule. This section shall supersede any other potential conflicting
language in this Agreement.
Bargaining Note: Comp time can be earned at their double time rate via the above language and in that case would
be available to cover hours needed when coming out of revised hours and returning to their normal schedule. This
would avoid the necessity of using vacation accruals. Scenarios discussed.
An earlier starting time than listed above may be adopted for any or all employees during the
months of daylight saving's time. Such earlier starting time shall be mutually agreeable among the
County, the employee(s) and the Council, and shall be paid at the regular rate of eight (8) hours
of continuous work.
It is understood by the parties' signatory to this Agreement by and between Mason County and
Engineers Local 302 and Teamsters Local No. 252, that effective immediately, the items listed below
are negotiated changes in Road and ER&R Maintenance Work Schedules from the present five 8-
hour workdays to four 10-hour workdays:
ORIGINAL
Operating Engineers/Teamsters and Masan County 2022-2025 Public Works Collective Bargaining Agreement
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Working Hours Road Maintenance Personnel: - Monday through Friday
Last full week of March through the first full week of April 6:30 am — 5:00 pm
Second full week of April through the first full week of September: 6:00 am —4:30 pm
Second full week of September through the last full week of September: 6:30 am -- 5:00 pm
Working Hours ER&R Personnel: - Monday through Friday 6:00 am —4:30 pm
Stewards and management will meet to discuss adjusting start times as needed. If the level of
service in the areas of responsibility deteriorates, we will correct this by splitting the four day shifts
to include one shift Monday through Thursday and the other shift Tuesday through Friday.
8.3 REST/MEAL BREAKS
Employees shall receive a thirty (30) minute paid lunch after working more than two (2) hours'
overtime, and an additional paid thirty (30) minute meal period for each additional four (4) hours
of work. When employees are directed to work through their paid meal period(s), they shall have
the option of taking their paid meal period(s) at the end of the shift or adding the equivalent amount
of paid time to their time sheet.
Normally, employees will be entitled to two (2), fifteen (15) minute paid rest breaks during the
regular work-day; one approximately midpoint through the first half of the work-day, and one
approximately midpoint in the second half of the work-day. However, when operational needs of
the County require a change to the norm and if the nature of the work allows an employee to take
intermittent rest breaks from duty, management may require that such employee(s) take
intermittent rest periods equivalent to the fifteen (15) minutes, as provided for in WAC 296-126-
092.
8.4 OVERTIME
All time worked over eight (8) hours, or their regularly scheduled nine (9) or ten (10) hours in any
one (1) day, shall be paid for at the rate of time and one-half. All work performed between
3:30/4:30 pm Friday and 11:59pm5aturday shall be paid for at a rate of time and one-half. All work
performed between 12:00am Sunday and 11:59pm Sunday shall be paid for at the double-time
rate. All work performed between 12:00am Monday and 6:00 am Monday shall be paid for at the
rate of time and one-half. Overtime shall be paid to the nearest quarter hour. The maximum hours
worked shall not exceed sixteen (16) continuous hours, unless approved by the County Engineer
or the Public Works Director. All scheduled weekend overtime work will be offered to regular
employees before being offered to Seasonal Help.
ARTICLE 9 — EMPLOYMENT PRACTICES
9.1 NONDISCRIMINATION
Mindful of their legal and moral obligations, the parties agree that in their service to the public they will
provide equal treatment and respect for all including the public, as well as the parties to this
Agreement. The Employer and the Union agree that they will not discriminate against any employee
by reason of race, color, creed, national origin, physical handicaps, physical characteristics, sexual
orientation, sex, age, place of residence and marital, family or Union affiliation status as long as the
employee is capable of meeting the job requirements.
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.
1) lRIGIM
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Whenever words denoting gender are used in this Agreement, they are intended to apply equally to
either gender.
9.2 JOB POSTING
All job vacancies (or newly created positions) under this Agreement shall be posted for one (1)
week for bidding purposes by the Human Resources Department. The posting shall indicate the
salary range for the position, the required or preferred minimum qualifications and/or experience
and the application process. Union positions will be identified as such. Employees interested in the
position must apply for the posted position within the one (1) week posting period in order to be
considered. For employees to be considered they must meet the minimum qualifications of the job
description.
9.3 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 nigher 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 promote, transfer or voluntarily demote to another job classification shall serve a one
(1) month trial service period in their new position.
Employees may elect to revert to their previous job classification and position within ninety (90)
calendar days of the effective date of the promotion, transfer or voluntary demotion. After this time, if
an employee fails to successfully complete the trial service period in the new job classification, the
employee may be returned to their previous position if it has not been either abolished or filled (i.e. an
offer of employment has not been extended). If the position was abolished or filled, such employee
will be laid off and eligible for recall in accordance with Article 10, except that the employee may not
bump another employee. Employees on trial service small be paid the appropriate established salary
for that position; and, if reverted, will return to their previous salary (including any adjustments due;
e.g. salary increase, step increase, etc.).
9.4 PERSONNEL FILE 1 POLICIES
Unless otherwise provided by the terms of this Agreement, the Employer Administrative and
Personnel Policies shall apply to members of this bargaining unit. Employees shall also refer to
Employer policies to resolve matters not covered by this Agreement or for clarification of matters
covered by this Agreement. However, where there is a conflict between Employer policies and any
provisions of this Agreement, the provision(s) of this Agreement shall govern.
The official personnel file for each employee shall be clearly identified as such and the Human
Resources Department shall be the custodian of such files. The files shall be locked, and access shall
be limited to the employee's 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
r
Operating EngineerslTeamsters Page 14
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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.
9.5 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 accomplishment of their job functions and the goals and standards of the
position. Where the employee does not meet the above, a plan for correction, training or support
should be developed with the employee.
Evaluation may occur in two forms:
9.5.1 All regular employees should be formally evaluated in writing by their immediate
supervisor and/or Department head or designee during the probationary or trial service
period and at least annually (at date of hire or a common date) thereafter.
9.5.2 Additionally, evaluation of job performance may occur at anytime 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 9.6.
Employees will be given a copy of the evaluation. Employees will be required to sign the evaluation,
acknowledging its receipt. Employees may elect to provide a written response to the evaluation,
which will be retained with the evaluation in the employee's personnel file.
9.6 DISCIPLINE 1 CORRECTIVE ACTION
The Employer agrees to act in good faith in the discipline, dismissal or demotion of any regular
employee and any such discipline, dismissal or demotion shall be made only for just cause.
No employee shall be discharged except for just cause. The parties recognize that just cause
requires progressive discipline. Progressive discipline may include:
• oral warnings, which will be documented;
• written warnings — which may also include work performance improvement or corrective
action plan for poor work performance or misconduct,
• suspension without pay;
• demotion; or
• discharge.
(ORIGINA
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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 shall be 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.
ARTICLE 10 -- SENIORITY
10.1 LAY-OFF & RECALL
The principle of seniority shall be used in connection with layoff for lack of work and rehire upon
resumption of work. The last person hired will be the first person laid off and the last person laid
off will be the first person rehired. Persons being laid off and/or rehired under this provision must
be qualified to perform the work available in order to exercise their seniority. Laid off employees
will retain seniority rights for eighteen (18) months from date of layoff; all Seasonal employees will
be laid-off before the lay-off of any regular employee. Seniority shall be lost if the employee does
not return to work when offered their previous position, Employees rehired by the Employer (this
does not apply to those returning from layoff) will be considered as new employees under this
Agreement. Seniority shall also apply to promotion, demotion and transfer from one classification
to another, providing the person exercising his/her seniority is competent and capable of
performing the work. Seasonal employees will only have seniority rights for available work within
Operating Engineers/Teamsters and Mason County 2022-2025 Public works Collective Ba g AgrORIGIN ,1
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their classification and within that season; a Seasonal worker rehired for a new season will be
considered a new employee.
10.2 BIDDING RIGHTS
10.2.1 All job vacancies (or newly created positions) under this Agreement shall be posted
for one (1) week for bidding purposes. In the case of filling skilled vacancies, the COUNTY
will give consideration to employees who become qualified by vocational training.
10.2.2 Daily assignment of equipment will be subject to review under the grievance
procedure.
10.2.3 Seniority (for the limited purposes of bidding or layoff protection) may be changed
under the following circumstances:
1) If an employee terminates County employment and subsequently
returns to County employment in this bargaining unit, all past seniority
will be lost.
2) If an employee leaves a bargaining unit position and, without a
break in employment, takes another position in County service, then
subsequently returns to a bargaining unit position, the employee shall
keep their prior bargaining unit seniority. The employee will not receive
bargaining unit seniority credit for time in a non-bargaining unit position.
3) If an employee is promoted, transfers or demotes from a Teamster
position within the bargaining unit to an Operator position, or an
Operator position to a Teamster position, and subsequently returns to
a position under their prior Union the following will apply:
a) For the purpose of layoff protection, all time counts.
b) For the purpose of bidding, if the employee returns within six
(6) months, all time counts; if the employee returns after six (6)
months, only their prior time counts.
ARTICLE 11 —WAGES
11.1 WAGE SCHEDULE.
Effective June 1, 2022 through December 31, 2025, each employee shall have his/her base wage as
set forth in Appendix I:
INCREASE
6/1/2022 1.75%
1/1/2023 2.00%
1/1/2024 1.75%
111/2025 1.75%
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.
DRIGINA
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The COUNTY shall provide a check stub, which shall reflect straight-time, overtime, and premium
pay. The COUNTY shall also provide an accrual slip showing vacation, sick leave, and floating
holiday hours earnedlused.
11.2 HIRE-IN RATES
New regular employees shall normally be placed at Step 1 at the appropriate salary classification
(see Appendix I -Wages), or placed consistent with current personnel rules.
11.3 SHIFT DIFFERENTIAL
Shift differential is not applicable to this bargaining unit.
ARTICLE 12 -- OTHER COMPENSATION
12.1 CALL-BACK PAY
When an employee is called out before his/her regular designated starting time, or after
completion of a shift, or on a Saturday, Sunday or holiday, he/she shall be paid a minimum of
four (4) hours at the appropriate rate unless the employee chooses to leave work of their own
volition-then the minimum shall be two (2) hours. When called adjacent to shift, payment is for
time worked. Except, if an employee is called out less than four (4) hours before the start of
his/her regular shift, the employee will be paid to the regular start time.
When an employee is called to work before their regular starting time and continues to work into
their regularly scheduled start time, the emp]ayee will be allowed to remain at work until their regular
quitting time. If a call-out is required on a scheduled day off (Friday or Monday), it will be treated in
the same manner as any Saturday call-out.
The following process will be used for call-out of Main Shop and Belfair Shop road crew members
respectively (this process does not apply to overtime that is scheduled or overtime that results from
tasks that need to be extended beyond the regular shift):
1. The manager or supervisor will assess the need for resources to deal with an emergency.
2. The manager or supervisor will call-out a crew member based on the following selection
criteria:
a. Qualified for needed work
b. Special factors
c. Ability to respond in a timely manner
d. Seniority
3. The manager or supervisor will keep a record of the situation evaluation and the decision
basis for call-out. That record will reflect the contacts or contact attempts made and the
results. A sample record is as follows:
a. Date, time, location of emergency
b. Emergency description
c. Call-out needs
d. Crew member and date/time called
e. Result of call (will report, left message, refused)
f. Special factors
12.2 WORK IN A HIGHER CLASSIFICATION
Employees performing work in a higher paid classification shall receive the higher wage rate
beginning with their third (311) assignment to such higher rated work within a year's period; or shall
receive the higher wage rate beginning with the third (31) day of performance on the higher rated
work.
ORIGINAL
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After once qualifying for the higher wage rate on higher classified work, employees shall continue
to receive the higher rate whenever performing such work in the future. Employees performing
work in a higher paid classification shall receive the higher wage rate for the entire day.
12.3 MILEAGE REIMBURSEMENT
All bargaining unit employees who are required to use their own vehicles for Employer business
shall be reimbursed at the mileage rate set by the current IRS Rate for all miles driven on such
business.
12.4 LONGEVITY
The County shall provide additional monthly compensation above 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 longevity pro-rated in
proportion to the hours the 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:
Beginning in 11th and continuing thru 151t year 1.5%above base
Beginning in 16th and continuing thru 201h year 3.0%above base
Beginning in 215Y and continuing thru 251h year 4.5%above base
Beginning in 26th year and continuing thereafter 6.0%above base
12.5 LEAD WORKER(DESIGNATED FOREMAN)
The County may designate an employee as a Lead Worker 1 Foreman; such designation is not
considered to be a "job vacancy" or "newly created position" as referenced in Article 10 —
SENIORITY, Section 2.
Employees who are assigned to act as working Lead/Foreman shall receive an additional two
dollars ($2.00) per hour for the entire day. Such employee shall be subject to all conditions of the
Collective Bargaining Agreement including distribution of overtime.
A Lead Worker/Foreman will typically direct, oversee and/or organize the work of other employees,
although the County reserves the exclusive right to make a Lead Worker designation based on other
factors and rationale. The Lead Worker cannot hire, fire, or discipline other employees within the
bargaining unit. This job classification is used at the discretion of management.
12.6 COMMERCIAL DRIVER'S LICENSE (CDL)
When a CDL is required as a job classification prerequisite, the employee shall obtain and maintain
such license. The employer shall reimburse the employee for the cost of the CDL endorsement
renewal minus the cost of the driver's license renewal, any other endorsements not required by the
employer for the performance of the job, and any cost/fees incurred as a result of improper driver
acts. The Employer shall also provide a reimbursement to the employee for the required CDL
physician's exam. Supervisor's signature on the personal reimbursement form, signifies the
supervisor has verified the renewed medical credentials.
12.7 CLOTHING
Effective January 1, 2023, the County shall provide an annual clothing allowance to each
bargaining unit employee in the amount of two hundred dollars ($200), payable by the second
payday in January.
12.8 SPECIALTY PAY(S)
Herbicide Applicator Technician, Employees with appropriate license and/or certification who
are assigned to herbicide application duties shall receive an additional $1.00 per hour for all hours
Operating PngineerstTeamsters and Mason County 2022--2025 Public Works Collective Ba 2g AgAIGI t17
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worked on any given day.
Tool Allowance for Mechanics: The County shall provide an annual tool allowance of Four
Hundred fifty Dollars ($450) for each Mechanic, payable by the second payday in January. This
allowance is to cover the cost of the purchase of new tools or the replacement cost of tools rendered
unusable due to breakage, wear-and-tear, and/or loss.
Bargaining Note:The intentof deleting tree removallanguage from the CBA is that the employerwill notrequire bargaining
unit employees to remove hazardous trees, leaning, rotten, or loaded trees from the ground or from a bucket truck. The
County and the Union have agreed that the individual employee is empowered to make the determination as to such work
based on the circumstances whether the tree will be removed or not.
ARTICLE 13 - HOLIDAYS
13.1 HOLIDAYS
New Year's Day Labor Da
Martin Luther King Day Veterans' Da
Presidents' Day Thanksgiving Day
Memorial Day Day After Thanksgiving*
July Fourth Christmas Eve Da
Juneteenth Christmas Da
Two 2 Floating Holidays
For employees on 4-10's (Monday through Thursday), the 'Day after Thanksgiving' holiday
shall be observed on Wednesday, the day before Thanksgiving.
13.2 HOLIDAY OBSERVANCE
When a recognized holiday falls on Saturday, the work day preceding shall be considered the
holiday. When a recognized holiday falls on Sunday, the following work day will be considered a
holiday. If any of the above holidays, or days celebrated in lieu of, is worked, the employee shall
receive pay at the double time rate plus holiday pay. Christmas Eve Day may be taken off based
on the operational needs of the County and Public Works, and if this cannot be accommodated, the
employee will schedule an alternate day with their supervisor's approval.
13.3 HOLIDAY COMPENSATION
Effective upon ratification of this Agreement, holiday pay for each holiday will be commensurate with
an employee's (daily) normal weekly work schedule (i.e., 4-10 schedule is 10 hours' holiday pay; 5-
8 schedule is 8 hours' holiday pay, 9-80 schedule is 9 hours' pay). Employees must use theirfloating
holiday(s) on or before December 15.
ARTICLE 14—VACATION
14.1 VACATION ACCRUAL
All regular and Temporary full-time employees of the COUNTY coming under this Agreement shall
be entitled to and receive vacations with pay as follows:
1st through 3rd year of employment 96 hours
4th through 7th year of employment 120 hours
8th through 9th year of employment 144 hours
loth through 11th 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
Operating Engineers/Teamsters and Mason County 2022-2C25 Public Works Collective B ' 'ng Ag WINAL
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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 (111) and the fifteenth (15th) 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 1112th of their yearly accumulation
total per month. Such vacation as is not used shall accumulate, except that such accumulation may
not exceed 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. Vacation leave
will be charged by the actual number of hours taken.
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.
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.
14.2 VACATION SCHEDULING
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 and minimum staffing is met. Seniority shall be applied to all
vacation requests.
Vacation leave approval will be on the basis of meeting the workload requirements of the Mason
County service schedule where the employee is employed.
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 that leave requests
submitted more than sixty (60) calendar days in advance of the time off requested shall be considered
on a case-by-case basis.
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.
The Union and the Employer recognizes the importance of employees utilizing earned Vacation
leave to promote and enhance their mental and physical well-being, employees shall attempt to use
Vacation leave during the year in which it is earned.
14.3 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.
If an authorized holiday occurs within an employee's vacation period, that day will be paid as a
holiday and not deducted from the employee's vacation accruals. Employees cannot receive
vacation, sick leave or holiday pay simultaneously for the same days.
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Employees shall have the option of using comp time or vacation leave for approved paid time off.
14.4 VACATION UPON TERMINATION
14.4.1 Leave Cash-out
Cash payments as a bonus for accrued annual leave that is not actually taken will not be
allowed. However, when an employee is furloughed or separated from service without
prejudice, he/she may be continued on the payroll for the time equivalent to the amount of
annual leave accrued and not previously taken. This provision does not apply to accrued
sick leave. When the employee is discharged for cause, he/she shall be paid in full of all
accrued annual leave.
14.4.2 Where an employee of the COUNTY continues employment, but in a changed
classification, no compensation for accrued annual leave earned during his/her
employment in the first classification will be paid in addition to the salary he/she received
under their new classification. The number of days earned may be carried over and added
to the number of days the individual will accumulate in his/her new classification.
14.4.3 The cash-out of accrued leave or other accrued time off shall be paid and reported in
accordance with the provisions of law regulated by the Washington State Department of
Retirement Systems.
ARTICLE 15 - SICK LEAVE
15.1 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 earned for all Regular and Temporary full-time employees, who have worked or been in a
paid status at least eighty (80) hours, at a rate of eight (8) hours per month for each calendar month
of continuous 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.
15.2 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.
15.3 SHARED LEAVE
The Human Resources Manager, or designee, may authorize employees, within this bargaining
unit, to donate their accrued vacation or sick leave to another employee, within this bargaining unit,
who is suffering from, or whose parent, spouse or child is suffering from an extraordinary or severe
illness, injury, or physical or mental condition which has caused or is likely to cause the employee
to take leave without pay or to terminate his/her employment. All donations of leave are strictly
voluntary and are subject to all IRS regulations for the donor and recipient. The following conditions
apply:
1. To be eligible to donate vacation leave, the employee who donates leave must have more
than ten (10) days of accrued leave. In no event shall a leave transfer result in the donor
employee reducing his/her vacation leave balance to less than ten (10) days. To be eligible
to donate sick leave, the employee who donates leave must have more than thirty (30) days
of leave. In no event shall a leave transfer result in the donor employee reducing his/her sick
Operating Engineers/Teamsters and Masan County 2022-2025 Public Works Goliective D
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leave balance to less than thirty (30) days. Transfer of leave will be in increments of one day
of leave;
2. The employee receiving donated leave shall have exhausted all his/her accumulated leave
time. Donated vacation leave shall be converted to sick leave for the recipient;
3. While an employee is using shared leave, he or she will continue to receive the same
treatment, in respect to salary and benefits, as the employee would otherwise receive if using
vacation or sick leave;
4. The transfer of leave and the amount of leave shall be authorized by the Board in advance.
5. No employee shall receive more than two hundred and sixty (260) days of donated leave
during their employment with the County;
Or may follow the Washington State Paid Family & Medical Leave law, RCW 50A.04.
15.4 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 should
he/she also receive 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 from a
worker's compensation fund, 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, provided that the
employee shall return any subsequent overpayment to the County.
e. Should any employee apply for time loss compensation and the claim is then
or later denied, sick leave and annual leave may be used for the absence in
accordance with other provisions of this rule.
f. Nothing herein pertains to a permanent disability award.
g. If any employee has no sick leave accumulated, vacation leave may be
substituted for "sick" leave above.
h. Time missed from work that is due to worker's compensation claims will be
Operating Engineers/Teamsters and Masan County 2022-2025 Public Works Collective ar ining INAL
Page 23
considered as time worked for employee's paid health and welfare and
vacation purposes for a maximum of twelve (12) months.
16.5 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.
15.6 SICK LEAVE CASH OUT
Employees hired before January 1, 2017, shall receive payment for accrued sick leave upon
termination of employment with fifteen (15)years of continuous county service; or upon termination of
employment with Mason County when the termination is contemporaneous with retirement from an
applicable Washington State Public Employees Retirement System; or upon the death of the
employee, in which case payment shall be made to his/her estate. For employees hired on or after
January 1, 2017, neither they nor their estate shall be eligible to receive any cash out of the employee's
accrued sick leave upon separation from county service.
ARTICLE 16 -- LEAVES OF ABSENCE
16.1 IN GENERAL.
Leaves of absence requests shall not be unreasonably denied. All leaves are to be requested in
writing as far in advance as possible. As appropriate for the type of leave requested, paid leave
accruals will be utilized prior to unpaid leave, unless otherwise provided for in this Agreement.
Leave does not accrue nor may it be used until the first day of the following pay period in which it is
earned (no "negative" leave use during the period in which it is earned).
16.2 JURY DUTY/COURT
An employee, who is required to serve on a jury or as a result of official Employer duties is required
to appear before a court, legislative committee or quasi-judicial body as a witness in response to a
subpoena or other directive, shall be allowed authorized leave with pay less any amount received
for such duty.
16.3 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.
16.4 BEREAVEMENT
Up to three (3) days of paid bereavement leave may be granted 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 granted at the employee's request. It is agreed that "immediate family" for
purposes of bereavement leave includes only the following persons, whether related by blood or
marriage or legal adoption: wife, husband, parent, grandparent, brother, sister, child, grandchild,
aunt, uncle, cousin, niece, nephew, grandmother-in-law, grandfather-in-law, mother-in-law, father-
in-law, sister-in-law, brother-in-law, son-in-law, or daughter-in-law of the employee. Seasonal
employees are not eligible for this benefit.
16.5 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.
Operating Engineers/Teamsters anti Mason County 2022-2026 Public Works Collective Bargaining Agreement
Page 24
16.6 LEAVE WITHOUT PAY
Any absence from duty allowed for which equivalent leave has not been accrued shall be considered
as leave without pay and must be preapproved by Director or Designee. The value of the excess
over the amount accrued deducted from the earnings of the employee and clearly set forth in the
payrolls affected.
16.7 FAMILY LEAVE— FMLA
The County and the Council mutually agree to comply with all State and Federal Family Leave
Laws F( MLA, 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
16.8 PAID FAMILY & MEDICAL LEAVE COMPLIANCE
The County and Union mutually agree to comply with all Washington State Paid Family & Medical
Leave laws, per RCW 50A.04
16.8 WASHINGTON STATE LONG TERM CARE TRUST ACT COMPLIANCE
The County and the Union mutually agree to comply with all Long-term Services and Supports
Trust Program laws, per RCW 5013.04, and future amendments to the statute.
ARTICLE 17 — HEALTH & WELFARE
17.1 HEALTH AND LIFE INSURANCE
The County shall contribute as identified below per employee, per month toward the premiums for
Health and Welfare benefits for each employee, including their eligible dependents, compensated
eighty (80) man-hours (excludes vacation, sick, comp time payout upon separation) or more per
month. This contribution is to be applied to premiums for the Washington Teamsters Welfare
Trust Medical Plan B (including the $400 Weekly Time Loss and 12-month Waiver of Premium
options) and current County dental, vision, and life insurance plans. The Trust reserves the right
to modify benefits or eligibility for the purpose of cost containment, cost management, or changes.
The County contribution for Health &Welfare Insurance shall be:
A. Effective January 1, 2022 the contribution shall be increased to one thousand 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 four
hundred 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 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.
D. Effective January 1, 2025 the contribution shall be increased to one thousand five
hundred and seventy dollars ($1570) 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 referenced above, the priority order for full County payment shall
be as follows:
Q
ORIGINALOperating EngineersrTeamsters and Maser County 2022-2025 Public Works CoBargaining Agreement
Page 25
(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.
The County agrees to contract with a medical service provider to conduct physical examinations
required to maintain a Commercial Driver's License. Should an employee elect to use a medical
care provider other than that contracted with the County, the employee is liable for any costs.
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: The County shall continue to provide an Employee Assistance
Program (EAP) benefit for all bargaining unit employees.
17.2 RETIREMENT
The COUNTY shall continue to participate in the appropriate Public Employees' Retirement
System. 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.
Western Conference of Teamster Pension Trust Fund:
The County shall continue to contribute into the supplemental Teamsters pension plan: Effective
January 1, 2008, based on January 2008 hours, the County shall pay an amount equal to Two
Dollars and fifty cents ($2.50) per hour($2.35 Basic contribution, plus$.15 PEER 84) for each hour
for which compensation is paid to him/her into the Western Conference of Teamsters Pension
Trust Fund on account of each member of the Teamster bargaining unit, said amounts to be
computed monthly. The total amount due for each calendar month shall be remitted in a lump
sum not later than ten (10) days after the last business day of such month. The County agrees to
abide by such rules as may be established by the Trustees of said Trust Fund to facilitate the
determination of the hours for which contributions are due, the prompt and orderly collection of
such amounts, the accurate reporting and recording of such hours and such amounts paid on
account of each member of the Teamster bargaining unit. Failure to make all payments herein
provided for, within the time specified, shall be a breach of this Agreement. Further, the Employer
and Union accept as their representatives for the purpose of such Trust Funds, the present
Employer and Union Trustees and their duly elected or appointed successors.
The contribution required to provide the Program for Enhanced Early Retirement (PEER) will not
be taken into consideration for benefit accrual purposes under the Plan. The additional
contribution for the PEER 84 must at 211 times be 6.5% of the basic contribution and cannot be
decreased or discontinued at any time.
Option to divert up to twenty-five cents ($0.25) per hour from base wage schedule to pension
beginning January 1, 2025 is under consideration.
Operating Engineers/Employers Retirement Fund:
The County shall continue to contribute into the Operating Engineers supplemental pension plan:
Effective January 1, 2008, based on January 2008 hours, the County shall contribute Two Dollars
($2.00) for each compensable man-hour of Operating Engineers, including working Operating
Engineer foremen covered by this Agreement, employed by the County in Operating Engineer
bargaining unit work covered by the terms of this Agreement. Said contributions shall be computed
monthly and made on or before the fifteenth (15') day of the month following the month in which
Operating Engineersfreamsters and Mason County 2022-2025 Public Works Colle argainiTngglreet en
Page 26
the hours were worked, to the Locals 302 and 612 Operating Engineers/Employers Retirement
Fund in the manner as set forth in the Trust Agreement of the said Trust Fund, and shall continue
for the duration of this Collective Bargaining Agreement. Failure to make all payments herein
provided for, within the time specified, shall be a breach of this Agreement.
The details of the Retirement Plan established by this Trust Fund shall continue to be controlled
and administered by a joint Board of Trustees composed of equal representation from the Unions
and the AGC of Washington who are the signatory to the Trust Agreement of the aforesaid Trust
Fund. Each Trustee appointed by the Union shall be a member of the appointing Local and each
Trustee appointed by the Employers shall be a member of an affiliated firm of the AGC of
Washington or a regular paid employee of the AGC of Washington.
Option to divert up to twenty-five cents ($0.25) per hour from base wage schedule to pension
beginning January 1, 2025 is under consideration.
ARTICLE 18 —TRAINING
18.1 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.
18.2 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 19— LABOR I MANAGEMENT COMMITTEES
19.1 PURPOSE OF COMMITTEE
The Employer and the Union agree that a need exists for continuing cooperation between labor and
management, and to meet from time to time upon the request of either party concerning suggestions
and issues of a general nature affecting the Union and the Employer relations.
The above provision does not preclude and in fact encourages the parties to also meet informally
and expeditiously on an as needed basis on matters of mutual concern.
19.2 COMPOSITION OF COMMITTEE
The Labor Management Committee meetings will include a minimum of three (3) representatives of
the employer, at least one (1) representative from Human Resources and a minimum of three (3)
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.
19.3 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.
19.4 LABOR/MANAGEMENT SCHEDULING COMMITTEE
The Bargaining Unit and Public Works Management or designee may meet to discuss complexities
of scheduling. The parties may meet monthly at a mutually agreed upon time and location and may
bring in anyone they wish to assist them.A member of Labor may meet with Employer's scheduling
management and discuss the day to day necessities of staffing management between areas and
Operating Engineers/Tearnsters and Mason County 2022--2025 Public works Collective BDa, gAgJIUG�
Page 27
workgroups. This in no way infringes on management's right to assign work and schedule
employees. (Article 5.1(G))
ARTICLE 20 — HEALTH & SAFETY
20.1 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.
20.2 HEALTH &SAFETY PLAN
The Employer shall develop and follow written policies and procedures to deal with on-the-job safety
and shail conduct an ongoing site-specific safety and security plans in conformance with state and
federal laws.
Safety equipment; protective gear; appropriate supplies: The County may utilize a 'quartermaster
system' to supply employees with appropriate safety equipment, protective gear, and other
appropriate supplies on an as-needed basis. When such time, as any or all of such equipment
wears out, the County shall replace such items, free of charge to the employee, so long as it can be
shown that the items were no longer functional due to standard 'wear and tear' and not due to the
negligence or intentional misconduct by the employee to damage such equipment items.
Staffing and proper equipment required for job assignments will be made with consideration for
employee safety. Under potentially hazardous conditions, a minimum of two-person crews for
safety purposes will always be provided. Employees are expected to report, and encouraged to
refuse, job assignments that are unsafe until the issue is resolved.
20.3 VEHICLE SAFETY
No employee shall be required to drive a vehicle that does not meet the requirements of the State
Vehicle Safety Code with regard to brakes, running gear and mechanical soundness. However,
a member shall not refuse a piece of equipment because of faulty clearance light or headlight
during daytime hours. No employee will be requested to drive a vehicle in violation of this clause.
ARTICLE 21 - GRIEVANCE PROCEDURE
21.1 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.
Employees will be unimpeded and free from restraint, interference, coercion, discrimination or reprisal
in seeking adjudication of their grievance.
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.
Failure by an employee andlor 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. Any grievance procedure time limit may be extended by mutual written agreement.
ORIGINAL
Operating Engineers/Teamsters and Mason County 2022-2025 Putout Works Corec e Bargaining Agreement
Page 28
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.
21.2 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
Department Head within ten (10) calendar days of the incident giving rise to the grievance.
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 Department Head 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 Department Head (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 Department Head 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 Department Head
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 Department Head
within fourteen (14) calendar days of the meeting. If the grievance is not resolved at Step 3,
the grievance may be advanced to Step 4.
Step 4. The Union may choose to submit the grievance to arbitration and in such case will
deliver written notification of its intent to arbitrate to the Employer within fourteen (14) calendar
days. The Union's request for arbitration shall be in writing and may be filed with the Public
Employment Relations Commission (PERC), Federal Mediation and Conciliation Service
(FMCS), or a mutually agreed upon arbitrator or arbitration service within thirty (30) calendar
days of submitting its notice 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
Operating PngineerslTeannsters and Mason County 2022-2025 Public Works Collectilj ainingORIGI
Page 29
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.
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.
21.3 UNIONIEmPLOYER GRIEVANCE
Either the Union or the Employer may initiate a grievance at Step 2 if the grievance is submitted in
writing within ten (10) business days from the date the Employer/employees became aware or
reasonably should have known that the grievance existed. The Employer may not grieve the acts
of individual employees, but rather, only orchestrated acts or actions of authorized representatives
believed to be in conflict with this Agreement. An Employer grievance will not be subject to
Arbitration and may only go to mediation upon mutual agreement.
The Union may initiate a Grievance at Step 2 anytime that it involves a group of employees involving
different supervisors or from different Departments. Such grievances may be referred to mediation
services by mutual agreement prior to Arbitration.
(IDGINAL
vinki
Operating EngineerslTeamsters and Mason County 2022-2025 Public Works Collective Bargaining Agreement
Page 30
21.4 SCHEDULE OF MEETINGS
Upon request, and without unnecessary delay, a steward's immediate supervisor or designee shall
allow the steward during normal work hours without loss of pay, reasonable time to:
a. Investigate any grievance or dispute so that same can be properly presented in
accordance with the grievance procedure.
b. 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.
c. 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 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 provision herein be rendered or declared invalid by reason of any
existing or any subsequently enacted legislation, or by a decree of a Court of competent jurisdiction,
such invalidation of such part or portion of this Agreement shall not invalidate the remaining portions
hereof and they shall remain in full force and effect. In such event the Council and the County shall
meet within thirty (30) days for re-negotiation 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 effect from date of ratification by the parties through
December 31, 2025.
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 shall be reduced in writing and shall be incorporated as a part of this
Agreement.
23.2 ENTIRE AGREEMENT
The Agreement expressed herein in writing constitutes the entire agreement between the parties and
no oral statement shall add to or supersede any of its provisions. The Employer agrees not to enter
into any Agreement or contract with any covered employee(s), either individually or collectively, which
is inconsistent with the terms of this Agreement.
E) ORIGINALI
Operating Engineers/Teamsters and Mason County 2022-2025 Public works Collective Bargaining Agreement
Page 31
SIGNATURES
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement
this ty of_ 4U�+M��, 2022
TdE U IO C U I : BOARD OF COUNTY COMMISSIONERS:
Bryan Blaisd l; Secretary-Treasurer RandyNe erin; Commissioner
TEAMSTER cal No. 252 District# 1
--a,ieopj
ob DeRosa; Business Agent Kevin S ommissioner
TEAMSTERS Local No. 252 District#2
Eric Arn on; Business Representative Sharon Trask; Commissioner
IUOE Local 302 District#3
Operating Engineersffeamsters and Mason County 2022-2025 Public Works Collective Bargaining Agreement
Page 32 E) ORIGINAL
APPENDIX I -WAGES
Effective June 1, 2022- 1.75%General ATB Increase.
Effective September 1, 2022 all eligible employees will receive an annual step increase based on their last step date.
Advancement from step to step is annual and on the employee's anniversary step date.
Note:Figures are rounded and will vary slightly in MUNIS as Munis calculates out four 4 decima!places,
2022 Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8
Operating Engineers
Equipment Operator $27.69 $28.25 $28.81 $29.53 $30.27 $31.03 $31.80 $32.60
Sign Shop Foreman $29.33 $29.91 $30.51 $ 31.12 $31.75 $32.54 $33.35 $34.19
Sign Shop Specialist $26.62 $27.15 $27.69 $ 28.25 $28.81 $29.53 $30.27 $31.03
Teamsters
Truck Driver $26.78 $27.32 $27.87 $28.56 $29.28 $30.01 $30.76 $31.53
Partsllnventory $24.76 $25.26 $25.76 $26.28 $26.81 $27.48 $28.16 $28.87
Utility/Maintenance $25.74 $26.26 $26.78 $27.32 $27.87 $28.56 $29.28 $30.01
Central Stores Specialist $26.46 $26.99 $27.53 $28.08 $28.64 $29.36 $30.09 $30.84
Mechanic $29.69 $30.29 $30.89 $ 31.66 $32.45 $33.27 $34.10 $34.95
Radio/Up-Fit Technician $29.90 $30.49 $31.10 $31.73 $32.36 $33.17 $34.00 $34.85
Traffic Foreman $28.65 $29.22 $29.80 $30.40 $31.01 $31.78 $32.58 $33.39
Sign Technician $25.94 $26.46 $26.98 $27.52 $28.07 $28.78 $29.50 $30.23
Seasonal Help $ 17.64
Effective January 1,2023-2.00% General ATB Increase
Advancement from step to step is annual and on the employee's anniversary step date.
Note:Figures are rounded and w'I vary slightly in MUNlS as Munis calculates out four(4 decimal places.
2023 Step 1 I Step 2 1 Step 3 1 Step 4 Step 5 Step 6 1 Step 7 Step 8
Operating Engineers
Equipment Operator $28.25 $28.81 $29.39 $30.12 $30.88 $31.65 $32.44 $33.25
Sign Shop Foreman $29.91 $30.51 $31.12 $31.75 $32.38 $33.19 $34.02 $34.87
Sign Shop Specialist $27.15 $27.69 $28.25 $28.81 $29.39 $30.12 $30.88 $31.65
Teamsters
Truck driver $27.32 $27.87 $28.42 $29.13 $29.86 $30.61 $31.37 $32.16
Parts/Inventory $25.26 $25.76 $26.28 $26.81 $27.34 $28.03 $28.73 $29.44
Utility/Maintenance $26.26 $26.78 $27.32 $27.87 $28.42 $29.13 $29.86 $30.61
Central Stores Specialist $26.99 $27.53 $28.08 $28.64 $29.21 $29.94 $30.69 $31.46
Mechanic $30.29 $30.89 $31.51 $32.30 $33.10 $33.93 $34.78 $35.65
Radio/Up-Fit Technician $30.49 $31.10 $31.73 $32.36 $33.01 $33.83 $34.68 $35.55
Traffic Foreman $29.22 $29.80 $30.40 $31.01 $31.63 $32.42 $33.23 $34.05
Sign Technician $26.46 $26.98 $27.52 $28.07 $28.64 $29.35 $ 30.09 $30.84
Seasonal Help $ 18.00
L] RIGIN
Operating EngineerslTeamsters and Mason County 2022-2025 Public Works Collective Bargaining Agreement
Page 33
APPENDIX k -WAGES
Effective January 1,2024-1.75% General ATB Increase
Advancement from step to step is annual and on the employee's anniversary step date.
Note:Figures are rounded and will vary slightly in MUNIS as Munis calculates out four 4 decimal places.
2024 Ste 1 Ste 2 Ste 3 Ste 4 Step 5 Step fi Step 7 Step 8
Operating Engineers
Equipment Operator $28.74 $29.32 $29.90 $30.65 $ 31.42 $32.20 $33.01 $ 33.83
Sign Shop Foreman $30.44 $31.05 $31.67 $32.30 $32.95 $33.77 $34.62 $35.48
Sign Shop Specialist $27.63 $28.18 $28.74 $29.32 $29.90 $30.65 $31.42 $32.20
Teamsters
Truck Driver $27.80 $28.35 $28.92 $29.64 $30.38 $31.14 $31.92 $ 32.72
Parts/Inventory $25.70 $26.22 $26.74 $27.27 $27.82 $28.52 $29.23 $ 29.96
Utility/Maintenance $26.72 $27.25 $27.80 $28.35 $28.92 $29.64 $30.38 $31.14
Central Stores Specialist $27.46 $28.01 $28.57 $29.14 $29.73 $30.47 $ 31.23 $32.01
Mechanic $30.82 $31.43 $ 32.06 $32.86 $33.68 $34.53 $35.29 $ 36.27
RadiolUp-Fit Technician $31.03 $31.65 $32.28 $32.93 $ 33.59 $34.43 $35.29 $36.17
Traffic Foreman $29.73 $30.32 $30.93 $31.55 $32A8 $32.98 $33.81 $34.65
Sign Technician $26.92 $27.46 $28.01 $28.57 $ 29.14 $29.87 $30.61 $31.38
Seasonal Help $ 18.31
Effective January 1,2025- 1.75% General ATB Increase
Advancement from step to step is annual and on the employee's anniversary step date.
Note:Figures are rounded and will vary slightly in MUNIS as Munis calculates out four 4 decimal places.
2026 Ste pi Ste 2 Ste 3 Ste 4 Ste 5 Step fi I Ste 7 Step 8
Operating Engineers
Equipment O erator $29.25 $29.83 $30.43 $31.19 $31.97 $32.77 $33.59 $ 34.43
Sign Shop Foreman $30.97 $31.59 $32.22 $32.87 $33.52 $34.36 $35.22 $ 36.10
Sign Shop Specialist $28.11 $28.67 $29.25 $29.83 $30.43 $31.19 $31.97 $ 32.77
Teamsters
Truck Driver $28.28 $ 28.85 $29.43 $ 30.16 $ 30.92 $31.59 $32.48 $ 33.29
Parts/Inventory $26.15 $26.67 $27.21 $27.75 $28.31 $29.01 $29.74 $ 30.48
Utility/Maintenance $27.19 $27.73 $28.28 $28.85 $29.43 $30.16 $30.92 $31.69
Central Stores Specialist $27.94 $28.50 $29.07 $29.65 $30.25 $31.00 $31.78 $32.57
Mechanic $31.35 $31.98 $32.62 $33.44 $34.27 $35.13 $36.01 $ 36.91
Radio/Up-Fit Technician $31.57 $32.20 $32.85 $33.50 $34.17 $35.03 $35.90 $ 36.80
Traffic Foreman $30.25 $30.85 $31.47 $ 32.10 $32.74 $33.56 $34.40 $35.26
Sign Technician $27.39 $27.94 $28.50 $29.07 $29.65 $ 30.39 $31.15 $31.93
Seasonal Help $ 18.59
L) ORIGINAL
Operating EngineerslTeamsters and Masan County 2022-2025 Public Works Collective Bargaining Agreement
Page 34
APPENDIX 11 —SHOP AssISTANT
It is understood by the parties signatory to this Labor Agreement between Mason County and
Engineers Local 302 and Teamsters No. 252, that effective immediately the following shall
apply:
A non-bargaining unit position may be created at the Mason County Central Shop as follows:
SHOP ASSISTANT
Duties:
1) Washing vehicles
2) Vehicle detailing (waxing, vacuuming, etc.)
3) Gassing vehicles
4) Running parts
5) Inspecting vehicle fluids, and tires (downtown)
6) Checking vehicle mileages for servicing
7) Transporting vehicles to the shop (from downtown) for servicing
ORIGINAL
Operating Engineers/Teamsters and Mason County 2022-2025 Pub€ic Works Collective Bargaining Agreement
Page 35
APPENDIX III —WORK ASSIGNMENTS
General Policy
Daily work assignments shall be made by the managers and supervisors, and given to
workers having the skills and abilities to perform the work efficiently. Seniority will be the
primary consideration for truck and equipment daily work assignments. All assignments,
including training assignments, will be made in good faith and not in an arbitrary or capricious
manner. Training needs will be determined by the County as provided in Appendix VIII.
Outlying Shops
The following criteria pertain to Belfair Shop and any other satellite shops that may be
opened away from the Central Shop facility:
1. Seniority shall be taken into consideration when assigning employees
permanently to the outlying shops. If no senior employee wants the
position, the least senior employee with the necessary skills and ability
will be transferred.
2. Employees shall not be temporarily assigned to an outlying shop to
perform manual labor when the shop they are permanently assigned to
has truck or equipment work available for which they are qualified,
unless mutually agreed to by the employee- and supervisor.
3. Employees temporarily assigned to another shop shall report to work
at their normally assigned shop and travel to the other shop via a
County vehicle, unless mutually agreed to by the employee and
supervisor.
JR1G1%
Operating E rig ineers/Tearnsters and Mason County 2022--2025 Public Works Collective Bargaining Agreement
Page 36
APPENDIX IV— DAILY WORK ASSIGNMENT PROTOCOL
1. Whenever possible, daily work assignment sheets will be posted prior to the start of each
shift.
2. Joint crew meeting at the beginning of each shift to explain any deviation from the normal
work assignment, such as:
a. Job continuity
b. Training opportunity
G. Specialty requirement
d. Unforeseen requirement
3. The joint crew meeting is to be short and informative. Except for safety issues, any
questions/complaints will be directed through the appropriate Shop Steward for resolution
with management.
4. This protocol may be adjusted by mutual agreement between management and the Unions.
ORIGINAL,
Operating Engineers/Teamsters and Mason County 2022-2025 Public Works Collective Bargaining Agreement
Page 37
APPENDIX V—TRAINING PROGRAM PROTOCOL
The intent of the training program is to train Mason County public works road operations and
maintenance employees in the safe, efficient, legal operation and required preventative
maintenance of all County owned or rented equipment and trucks.
Level I (Initial training)
All employees will learn the basic safe operation and necessary pre-trip or equivalent checks to
start, load, secure, and move for legal transportation all Mason County equipment. This would
include sanders and snow plows. The County will maintain records showing the amount of time and
check-off for each employee for each type of equipment an employee has received this initial
training on. ER&R will specify the necessary pre-trip or equivalent checks for all equipment/trucks.
This training would be completed not later than the end of the employee's 811 month of employment.
1. Single and Tandem axle trucks. 8. Graders
2. Load/unload and connect patch box, sanders, and plows. 9. Gradalls
3. Brooms 10. Patch Box
4. Bruch cutters 11. Track Loader
5. All rollers 12. Wheel Loaders
6. Chip spreader 13. Force Feed Loader
7. Backhoes 14. Bucket Truck
(Any new equipment purchased by the County in the future to be added to this list.)
Level II (Intermediate training}
1. Employees desiring training on equipment or trucks within their respective craft will be
allowed to sign up to receive training they want or the County deems they need, given
operational needs and demands are meet. Employees will be chosen from the list in order
of seniority within their respective craft.
2. Trainees will operate said equipment/trucks under the direction of the trainer, contingent
upon safety and experience requirements of the particularjob. The designated trainer shall
be determined by the County.
3. Management will schedule training days to coincide with the operational needs and time
constraints per job.
4. When an employee is deemed competent, as agreed upon by the trainer and management,
the employee's name will be placed on a check-off list showing that they have been deemed
competent to operate said equipment/truck within their respective craft without the presence
of a trainer.
ORIGINA
Operating Engineers/Teamsters and Mason County 2022-2025 Public Works Collective Bargaining Agreement
Page 38