Loading...
HomeMy WebLinkAbout2023-2026 Collective Bargaining Agreement for Community and Family Health COLLECTIVE BARGAINING AGREEMENT January 1, 2023 - December 31, 2026 BETWEEN TEAMSTERS UNION LOCAL NO. 252 P� I! �ap�HERyDO O 2Qv O� 'rQ'i 5a MASON COUNTY COMMUNITY AND FAMILY HEALTH AND MASON COUNTY CoU��A . 1854 TABLE OF CONTENTS PREAMBLE...................................................................................................................................................................... 5 ARTICLE1 -DEFINITIONS.............................................................................................................................................5 ARTICLE2-RECOGNITION...........................................................................................................................................6 2.1 RECOGNITION..................................................................................................................................................6 2.2 NEW CLASSIFICATIONS....................................................................................................................................6 ARTICLE3-UNION SECURITY......................................................................................................................................7 3.1 MEMBERSHIP .................................................................................................................................................. 7 3.2 NONDISCRIMINATION-UNION ACTIVITY............................................................................................................. 7 ARTICLE 4-NO STRIKE/NO LOCKOUT......................................................................................................................8 ARTICLE 5-MANAGEMENT RIGHTS AND RESPONSIBILITIES.................................................................................8 ARTICLE 6-UNION/EMPLOYER RELATIONS............................................................................................................8 6.1 UNION ACCESS ............................................................................................................................................... 8 6.2 FACILITY USE.................................................................................................................................................. 9 6.3 STEWARDS......................................................................................................................................................9 6.4 ORIENTATION..................................................................................................................................................9 6.5 BULLETIN BOARDS..........................................................................................................................................9 6.6 CONTRACT DISTRIBUTION.................................................................................................................................9 6.7 NEGOTIATIONS RELEASE TIME..........................................................................................................................9 6.8 GRIEVANCE RELEASE TIME .............................................................................................................................10 6.9 UNION BUSINESS.......................................................................................................................................I....10 ARTICLE7-EMPLOYMENT..........................................................................................................................................10 7.1 PROBATIONARY PERIODS................................................................................................................................10 7.2 TYPES OF EMPLOYMENT..................................................................................................................................11 7.3 CONTRACTORS...............................................................................................................................................11 7.4 STUDENTS/INTERNS......................................................................................................................................12 ARTICLE 8-HOURS OF WORK AND OVERTIME.......................................................................................................12 8.1 WORKDAY/WORKWEEK.................................................................................................................................12 8.2 WORK SCHEDULES.........................................................................................................................................12 8.3 REST/MEAL BREAKS.....................................................................................................................................12 8.4 OVERTIME......................................................................................................................................................13 8.5 COMP TIME....................................................................................................................................................13 ARTICLE 9-EMPLOYMENT PRACTICES....................................................................................................................13 9.1 NONDISCRIMINATION.......................................................................................................................................13 9.2 JOB POSTING.................................................................................................................................................14 9.3 PROMOTIONS .................................................................................................................................................14 9.4 PERSONNEL FILE/POLICIES............................................................................................................................14 9.5 EVALUATIONS ................................................................................................................................................14 9.6 DISCIPLINE/CORRECTIVE ACTION ...................................................................................................................15 ARTICLE10-SENIORITY..............................................................................................................................................16 10.1 DEFINITIONS..................................................................................................................................................16 10.2 APPLICATION OF SENIORITY............................................................................................................................17 10.3 PROBATIONARY PERIOD.................................................................................................................................18 10.4 LOSS OF SENIORITY.......................................................................................................................................18 10.5 LAYOFFS......................................................................................................................................................19 10.6 NOTICE.........................................................................................................................................................19 10.7 MEETING WITH UNION ....................................................................................................................................19 10.8 AFFECTED GROUP.........................................................................................................................................20 10.9 VACANT POSITIONS.......................................................................................................................................20 10.10 SENIORITY LIST.............................................................................................................................................20 10.11 ORDER OF LAYOFF........................................................................................................................................20 10.12 COMPARABLE EMPLOYMENT.........................................................................................................................21 10.13 LAYOFF OPTIONS.........................................................................................................................................21 2023-2026 Mason County and Teamsters 252-Community and Family Health )RIG 1 NA. Page 2 10.14 REDUCTION HOURS/FTE.............................................................................................................................22 10.15 RECALL......................................................................................................................................................22 10.16 VACATION&LEAVE CASH OUTS/PAY..........................................................................................................23 10.17 UNEMPLOYMENT CLAIMS..............................................................................................................................23 ARTICLE11 -WAGES ...................................................................................................................................................23 11.1 WAGE SCHEDULE........................................................................................................................................23 11.2 HIRE-IN RATES ...........................................................................................................................................23 ARTICLE 12-OTHER COMPENSATION......................................................................................................................24 12.1 BILINGUAL PAY...........................................................................................................................................24 12.2 CALL-BACK PAY.........................................................................................................................................24 12.3 LEAD WORKER...........................................................................................................................................24 12.4 WORK IN A HIGHER CLASSIFICATION.............................................................................................................24 12.5 MILEAGE REIMBURSEMENT..........................................................................................................................25 12.6 LONGEVITY.................................................................................................................................................25 12.7 CERTIFICATIONS/LICENSURES ......................................................................................................................25 ARTICLE13 -HOLIDAYS...............................................................................................................................................25 13.1 HOLIDAYS...................................................................................................................................................25 13.2 RELIGIOUS HOLIDAYS..................................................................................................................................26 13.3 HOLIDAY OBSERVANCE................................................................................................................................26 13.4 HOLIDAY ON DAY OFF.................................................................................................................................26 13.5 HOLIDAY COMPENSATION ............................................................................................................................26 ARTICLE14-VACATION..............................................................................................................................................26 14.1 VACATION ACCRUAL...................................................................................................................................26 14.2 VACATION SCHEDULING...............................................................................................................................27 14.3 VACATION PAY............................................................................................................................................27 14.4 VACATION UPON TERMINATION.....................................................................................................................27 ARTICLE15-SICK LEAVE............................................................................................................................................27 15.1 SICK LEAVE ACCRUAL.................................................................................................................................27 15.2 SICK LEAVE USAGE.....................................................................................................................................27 15.4 COORDINATION-WORKER'S COMPENSATION ................................................................................................28 15.5 FAMILY MEMBER.........................................................................................................................................28 15.6 SICK LEAVE CASH OUT................................................................................................................................28 ARTICLE 16-LEAVES OF ABSENCE..........................................................................................................................28 16.1 IN GENERAL................................................................................................................................................28 16.2 JURY DUTY/COURT....................................................................................................................................29 16.3 MILITARY LEAVE.........................................................................................................................................29 16.4 BEREAVEMENT............................................................................................................................................29 16.5 MAINTENANCE OF SENIORITY .......................................................................................................................29 16.6 LEAVE WITHOUT PAY..................................................................................................................................29 16.7 FAMILY LEAVE-FMLA...............................................................................................................................30 16.8 MATERNITY LEAVE......................................................................................................................................30 16.9 INCLEMENT WEATHER..................................................................................................................................30 16.10 WASHINGTON STATE PAID LEAVE COMPLIANCE.............................................................................................30 16.11 WASHINGTON STATE LONG TERM CARE TRUST ACT COMPLIANCE..................................................................30 ARTICLE 17-HEALTH &WELFARE............................................................................................................................31 17.1 HEALTH AND LIFE INSURANCE......................................................................................................................31 17.2 RETIREMENT...............................................................................................................................................31 ARTICLE18 -TRAINING.................................................................................................................................................32 18.1 TRAINING....................................................................................................................................................32 18.2 TRAINING REIMBURSEMENT..........................................................................................................................32 ARTICLE 19-LABOR/MANAGEMENT COMMITTEES..............................................................................................32 19.1 PURPOSE OF COMMITTEE.............................................................................................................................32 19.2 COMPENSATION ..........................................................................................................................................32 2023-2026 Mason County and Teamsters 252-Community and Family Health A ' Page 3 Il �. le t'1 ARTICLE 20—HEALTH & SAFETY................................................................................................................................32 20.1 SAFE WORKPLACE......................................................................................................................................32 20.2 HEALTH&SAFETY PLAN.............................................................................................................................33 20.3 DRUG FREE WORKPLACE ............................................................................................................................33 20.4 WORKPLACE VIOLENCE...............................................................................................................................33 ARTICLE 21 -GRIEVANCE PROCEDURE.....................................................................................................................33 21.1 GRIEVANCE DEFINED...................................................................................................................................33 21.2 GRIEVANCE PROCEDURE .............................................................................................................................34 21.3 UNION/EMPLOYER GRIEVANCE ...................................................................................................................35 21.4 SCHEDULE OF MEETINGS.............................................................................................................................35 ARTICLE 22 -GENERAL PROVISIONS.........................................................................................................................36 22.1 SAVINGS CLAUSE........................................................................................................................................36 ARTICLE 23—ENTIRE AGREEMENT............................................................................................................................36 23.1 DURATION CLAUSE......................................................................................................................................36 23.2 ENTIRE AGREEMENT....................................................................................................................................36 SIGNATURES..................................................................................................................................................................37 ATTACHMENT A—SALARY TABLE .............................................................................................................................38 ATTACHMENT A—SALARY TABLE (CONT.)...............................................................................................................39 w `1 2023-2026 Mason County and Teamsters 252-Community and Family HealthL,J Page 4 PREAMBLE Mason County, a political subdivision of the State of Washington, hereinafter referred to as the "County" or"Employer," and Teamsters Union Local#252, hereinafter referred to as the "Union," do hereby enter into this Agreement. The Employer and the Union agree that the effective, efficient, and uninterrupted performance of governmental service to the community is their common objective. In order to assist them in achieving that objective, this Agreement represents the establishment of fair and reasonable compensation and working conditions for the employees in this bargaining unit through the collective bargaining process. The Employer and the Union recognize that the success of these objectives depends upon the Employer's success in establishing the service, upon the ability and creative contributions of the employees, and upon the joint efforts of both parties in improving the service. Therefore, the Employer and the Union encourage, to the greatest degree possible, friendly, and cooperative relations between their respective representatives at all levels and among all employees. ARTICLE 1 — DEFINITIONS As used herein, the following terms shall be defined as follows: 1.1 "Bargaining Unit" (Union) shall be Teamsters Union Local #252. 1.2 "Employer" shall mean the Board of Mason County Commissioners and Mason County as identified in the Preamble to this Agreement. 1.3 "Employee" shall mean a person occupying a position and paid a salary or wage by the Employer and who is represented by the bargaining unit (as defined in Article 2.1 hereof) covered by this Agreement. Employee shall not include any person retained by the Employer under a written personal services or consultant contract or agreement. 1.4 "Executive", "Administrative", and "Professional" Employees shall mean all employees as defined in WAC 296-128-500. 1.5 Job classifications and salary steps are listed and categorized in Attachment 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 partner, grandparent, parent (biological adoptive, de facto, or foster parent, stepparent, or legal guardian of an employee or employee's spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child), sibling, child (biological, adopted, or foster child, a stepchild, a legal ward, or a child to whom the employee stands in loco parentis, is a legal guardian, or is 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 Employer. 1.7 "Overtime" shall mean all Employer-required work, which has been performed more than forty (40) hours per week. 2023-2026 Mason County and Teamsters 252-Community and Family Health ?i '� f Page 5 1.8 "Vacation" shall mean a scheduled workday or accumulation of scheduled workdays on which an employee may, by pre-arrangement, continue to receive the regular rate of compensation although he or she does not work. 1.9 "Working Day" shall mean for the purpose of timelines associated with grievances, appeals and policy issues, an 8-hour working day, excluding holidays. 1.10 "Anniversary Day of Pay" shall mean the day of your step increase depending on the day of hire or promotion that takes place within the same pay period of anniversary date. The actual day of pay increase shall be the 1 st or the 16th of the month, depending on the date of the anniversary day (e.g., if an employee's anniversary date is on January 14, the pay increase will take effect January 1). ARTICLE 2 — RECOGNITION 2.1 RECOGNITION The Mason County Board of Commissioners for MASON COUNTY recognizes that the Teamsters Union Local 252, Centralia, Washington, has the right to bargain for all full-time and regular part- time employees of Mason County Community Services, Office of Community and Family Health, excluding supervisors, confidential employees, and clerical employees. 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 in Attachment A, the Union will be notified of the pending action prior to hire. When existing classifications are substantially modified within the Departments represented in Attachment A, the Union will be notified of the pending action within ten (10) working days of the date that the position is first posted / advertised or the proposed effective date of the action that would change the status of the classification. It is mutually agreed that it is the intent of the parties to meet, upon request by either party, in order to include or exclude new or modified positions in the bargaining unit consistent with the duties, responsibilities, and organizational level of the classification. The parties agree that new classification(s) designated and approved by the Employer to be within the non-represented pay plans shall be excluded from the bargaining unit, absent a request to meet within thirty (30) calendar days. Existing bargaining unit classifications shall remain within the bargaining unit absent a mutual agreement by the parties or a decision by the Public Employment Relations Commission (PERC). If either party disagrees with the pay plan designation for a new or reclassified position, the parties recognize the determination of whether the position is included within the bargaining unit may be reviewed by PERC upon petition by either party orjointly. Should PERC determine the classification to be included in the bargaining unit, the position shall be placed within the Union salary schedule at the appropriate rate of pay and at a step arrived at either by mutual agreement/negotiation or PERC ruling. 2023-2026 Mason County and Teamsters 252-Community and Family Health Page 6 ARTICLE 3 —UNION SECURITY 3.1 MEMBERSHIP 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. Within ninety (90) days of the new employee's start date, the Union shall have no less than a thirty (30) minute orientation with new employees during the employee's regular work hours. The Union will explain that it is designated as the exclusive representative for all employees covered under the Collective Bargaining Agreement. The Union shall inform each new employee that membership in the Union is voluntary and only when an employee clearly and affirmatively consents to joining the Union may the Union collect fees. In addition, the Union shall explain to the new employee the rights and the benefits the employee would forgo by being a non-member. c. The Union agrees to accept employees as members without discrimination as to race, color, creed, sex, sexual orientation, national origin or physical, sensory, or mental disabilityor protected classes under the law. d. The Employer will provide for payroll deduction of Union dues and initiation fees upon authorization by the employee. Payroll deduction authorization cards must be received by the County department by the 15th day of the month to be recognized as effective for that month. The County will transmit to the duly designated officer of the Union the total amount so deducted together with the list of names of the employees from whose pay deductions were made. All refunds of such deductions which may be required to be made to any employee shall be made by the Union, and the Union shall settle all questions, and disputes between it and its members with reference to the deductions or refunds of the like without recourse to the County. e. The Employer will distribute one copy of this Agreement to each employee in the unit and to each newly hired employee of the unit.The cost of printing this Agreement shall be equally shared between the Department and the Union. f. The Union agrees to supply the Employer with lists of officers of the Union and representatives and to keep such lists current. The Employer will recognize the officers and representatives, or shopstewards. g. The 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 NONDISCRIMINATION—UNION ACTIVITY Neither parry shall discriminate against any employee because of membership in or non- membership in or activity on behalf of the Union. No employee shall be discharged or discriminated against for upholding Union principles, fulfilling duties as a Steward in the Union or serving on a Union committee. 2023-2026 Mason County and Teamsters 252-Community and Family Health �R 161 Page 7 ARTICLE 4 - NO STRIKE / NO LOCKOUT The Union agrees that there shall be no strikes, slow-downs, or stoppage of work, or any interference with the efficient operation of the Department. Any such action shall be subject to disciplinary action, including termination and replacement of the involved employees. The Employer shall not lockout any employee during the life of this Agreement. ARTICLE 5— MANAGEMENT RIGHTS AND RESPONSIBILITIES Except as specifically abridged, granted, delegated or modified by this Agreement, including amendments, the County reserves all customary management prerogatives including, but not limited to the right to: A. Establish, plan for and direct the work force toward the organizational goals of County government. B. Determine the organization and merits, necessity, training, 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, promotions, 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. Layoff 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. ARTICLE 6— UNION / EMPLOYER RELATIONS 6.1 UNION ACCESS Employees shall have the right to Union representation. The Union's authorized staff representatives shall have access to the Employer's premises where employees covered by this Agreement are working for the purpose of investigating grievances and contract compliance, after notifying the Employer. Access for other purposes shall not be unreasonably denied by the Employer, provided, however, that there is no serious or prolonged interruption of the Employer's working schedule. Such visits shall not interfere with or disturb employees in the performance of their work during working hours. 2023-2026 Mason County and Teamsters 252-Community and Family Health ' Page 8 6.2 FACILITY USE The conduct of Union business on Employer time and premises shall be subject to the limitations set forth in this Article and with the understanding that no Union member or Steward shall use Employer's equipment in the conduct of Union business. The Union shall be permitted to use designated premises of the Employer for Union meetings, with or without Union staff present, provided it is not disruptive to operations and space is available. Use of Employer's premises for meetings shall be limited to the hours of 5:00pm to 8:00am and 12:00pm to 1:00pm, unless otherwise approved by the Employer. 6.3 STEWARDS The Union may designate Steward(s) for each County Department. The Union agrees to supply Human Resources with current lists of Stewards. The Employer will recognize the Stewards as soon as the list is received, in writing, by Human Resources. Stewards shall be allowed reasonable time during working hours to investigate and process grievances. Prior to undertaking such grievance duties, the Steward shall inform their supervisor of the need to be away from their work. The Department Head shall grant the Steward's request unless the Steward cannot be spared at that time. If such is the case, then the Department Head shall allow the Steward time to perform their 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 6.8, 6.9 and 21.4. 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. 6.4 ORIENTATION During the new employee orientation process, Human Resources will provide access to the Collective Bargaining Agreement and will notify the new hire of their shop steward. Human Resources will notify the shop steward and Union representative of each new hire within ten (10) business days of the date of hire. 6.5 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. All material shall be signed by an Officer of the Union. The Union will limit the posting of any material on the Employers' premises to its bulletin board. 6.6 CONTRACT DISTRIBUTION The Union will provide access to a copy of this Agreement to employees in the unit. 6.7 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. 2023-2026 Mason County and Teamsters 252-Community and Family Health J Page 9 6.8 GRIEVANCE RELEASE TIME Prior to any proposed investigation of a grievance, Stewards or Officers 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 or Officers 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. 6.9 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 6.3, 6.8 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 Officer 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. The Parties agree to ensure that all respective stakeholders are notified and copied appropriately. The parties agree to respond to written and e-mail correspondence and telephonic messages as soon as reasonably possible. ARTICLE 7 — EMPLOYMENT 7.1 PROBATIONARY PERIODS All newly hired employees will be placed on probationary status for a period of six(6)calendar months from date of hire. The Employer may discharge a probationary employee with a minimum of one (1) day written notice. A probationary employee does not have the right to grieve termination of his or her employment during the probationary period. The Employer may extend the six (6) month probationary period for new employees up to an additional six (6) months. The Employer shall provide a written notice to the Union no less than fourteen (14) calendar days prior to the probationary period's expiration of his or her intent to extend a probationary period. The Union may request reconsideration of the decision and/or the length of the extension period within fourteen (14) calendar days of the date of the notice. The employee will remain on probation until such time as a resolution has been determined. Trial Service Period - Employees who are transferred or promoted to another position and/or classification in the bargaining unit shall serve a trial service period for six (6) months of work, consistent with Article 9.3. 2023-2026 Mason County and Teamsters 252-Community and Family Health � �' .� Page 10 7.2 TYPES OF EMPLOYMENT 7.2.1 REGULAR FULL-TIME EMPLOYEES: A regular full-time employee is scheduled to work forty (40) hours per week in a regularly budgeted, on-going position. Regular full-time employees are eligible to receive the standard benefit package. 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. Medical benefits are consistent with Article 17.1. 7.2.3 TEMPORARY EMPLOYEES: A temporary employee is hired for a specific assignment that has a duration of employment and schedule that is anticipated to work one thousand and forty (1,040) hours, or more in a twelve (12) month period. A temporary employee is eligible for the standard benefits package, prorated to match the anticipated FTE percentage and adjusted by actual hours worked. Medical benefits are consistent with Article 17.1 if part-time temporary. If a regular employee accepts an assignment of a temporary position, that employee will be eligible for return rights to their former position upon completion of the specific assignment, or term of the temporary employment or upon twenty (20) calendar days' notice from the Employer or 30 calendar days' notice from the employee, whichever is earlier. The regular employee shall continue to earn seniority, as to their former position, during the period of the temporary position assignment. Any new-hire employee who is hired to fill the vacancy, which was created by the regular employee accepting a temporary position,will also be hired as a temporary employee and that employee will cease to have employment rights upon the return of the regular employee to the former position. Employees in temporary positions serve an anticipated but not guaranteed term. While a term of employment is anticipated, the assignment / project may be terminated at any time for any reason, with or without notice. 7.2.4 EXTRA HELP EMPLOYEES: An extra help employee works in a limited, but on-going capacity. They do not have a specific end date. Their schedule may consist of an intermittent or varying schedule per week on an as needed basis and are anticipated to work fewer than one thousand and forty (1,040) hours within a twelve (12) month period. They are not eligible for the benefits package. 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. 7.3 CONTRACTORS The Employer will make good faith efforts to limit bargaining unit work to employees covered by this Agreement. "Contractors"who are not employees of the Employer will be permitted to do bargaining unit work where both the need is occasional and temporary and when there are not regular staff either qualified or available to do such work. 2023-2026 Mason County and Teamsters 252-Community and Family Health �RIGJj\'AL Page 11 Should the Employer consider Subcontracting,the parties shall meet to allow the Union an opportunity to review the County's financial reasons for considering subcontracting and to present-any alternative means of cost-savings besides subcontracting for the County to consider. Although the County has the final decision on whether to subcontract, that decision must be based on economic response after considering alternatives presented by the Union. If the County determines that subcontracting is necessary, the County shall negotiate with the Union the effects of subcontracting upon members of the bargaining unit. 7.4 STUDENTS/INTERNS Student and Internship programs may be created by the employer provided such does not take work away from budgeted classifications represented by the Union, the Union is provided notice and, upon request by the Union, the Employer meets with the Union to discuss the impacts and benefits of the program. ARTICLE 8 — HOURS OF WORK AND OVERTIME 8.1 WORKDAY/WORKWEEK A regular full-time workweek shall consist of forty(40) hours of time actually worked or compensated for within a seven (7)day period (typically Sunday 12:00 am through Saturday 11:59 pm). Changes in the work schedule, which may include changes in the schedule or total hours, shall be consistent with Article 8.2. 8.2 WORK SCHEDULES For regular full-time employees, the workweek shall normally consist of forty (40) hours of time scheduled within a seven (7)consecutive day period. Work hours for full-time employees covered by this Agreement shall normally be 8:00 am to 5:00 pm, unless the Manager establishes an alternate work schedule pursuant to 8.3, below. The regular workweek shall normally consist of five (5) consecutive workdays with two (2) consecutive days off. Regular part-time employees normally are scheduled to work less than forty(40) hours per workweek. FLEX TIME: Flexible starting and/or quitting times may be adopted, on a case-by-case basis, with mutual agreement between the employee and their manager.These work schedule adjustments shall not result in the application of the overtime provisions. ALTERNATE WORK SCHEDULES: Workweeks and work shifts of different numbers of hours and/or workdays may be established by the Manager, with prior notification to the employee and the Union, in order to meet business and customer service needs, or in response to budgetary demands. Employees may be assigned to an alternate work schedule with five (5)working days' notice from the Manager. Less than five (5) working days' notice may be given if mutually agreed between the employee and Manager. Employees may request an alternate work schedule, which is subject to approval by the Manager. CALL OUT TIME: When an employee is called out to work outside of their regular work hours, the employee shall be paid a minimum of two (2) hours' pay at the appropriate rate. The two (2) hour minimum shall not apply if the hours worked are immediately before or after the employee's regular work hours. 8.3 REST/ MEAL BREAKS Employees will be allowed up to a one (1) hour unpaid lunch period as approved and scheduled by the Department Head. Employees may take one (1) fifteen-minute break for every four (4) hours worked. Breaks should be arranged so that they do not interfere with County business or service to 2023-2026 Mason County and Teamsters 252-Community and Family Health $ Page 12 the public. Lunch periods and breaks shall not be combined, and they may not be used to shorten an employee's workday. 8.4 OVERTIME Any employee who works more than forty (40) hours in a workweek shall be paid one and one-half(1 1/2)times their straight-time hourly rate for all such overtime hours worked. All overtime hours worked shall be approved by the Manager. Any work on a Sunday that is required by the Manager, and which falls outside of the employee's regular workweek or work schedule shall be compensated at two times the employee's regular hourly rate of pay. Upon a request to work beyond the regular workday, by mutual agreement, the parties may agree upon an adjusted workweek for that specific workweek, for purposes of employee convenience and to avoid overtime. 8.5 COMP TIME The Department Head or Manager may authorize comp time in lieu of overtime compensation and, if so, the employee shall receive comp time at the rate of one and one-half (1 1/2) their regular rate of pay for all overtime hours worked. Comp time earned may be used only on the days mutually agreed by the employees and the County. The scheduling of comp time off shall be requested and approved in the same manner as vacation leave. Comp time earned may not exceed eighty (80) hours at any point in time. Employees shall receive overtime compensation whenever their accrued comp time reaches eighty (80) hours maximum. For employees hired on or after January 1, 2020, no rollover comp time can be banked, and the allowed eighty (80) hours of accrued comp time must be used or paid out by the end of each year. If the employee does not use all their accumulated comp time, they will receive a payout for the unused comp time on the December 25 payroll check. Compensation shall not be paid (nor comp time earned) more than once for the same hours under any provision of this Article or Agreement. Premium or overtime pay shall not be duplicated or pyramided unless required by the Fair Labor Standards Act, in which case premium or overtime pay shall be based on the employee's regular rate of pay. 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. Under this Agreement, neither party will discriminate against employees on the basis of race, sex, age, marital status, color, creed or religion, national origin, political affiliation, veteran status, sexual orientation, or any real or perceived sensory, mental or physical disability, or because of participation in or lack of participation in union activities. Bona fide occupational qualifications based on the above traits do not violate this Section. All references to gender in this Agreement are intended to refer equally to all gender pronouns. 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. 2023-2026 Mason County and Teamsters 252-Community and Family Health Page 13 9.2 JOB POSTING When a job opening or vacancy in the bargaining unit occurs, notice of such position shall be posted by the Human Resources Department for a period of no less than ten (10) calendar days before the position is filled. The posting shall indicate the salary range for the position, the required or preferred minimum qualifications and/or experience, the Department to whom the position will report and the application process. 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 (from a I to a 11, or III) 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. When an employee is promoted (for example Community Health Specialist I to 11, or III) they will be placed on the step and range on the salary plan that gives them at least a five percent (5%) wage increase. The date of promotion will become the employee's new anniversary step date. 9.4 PERSONNEL FILE/ POLICIES Unless otherwise provided by the terms of this Agreement, the Employer Administrative and Personnel Policies shall apply to members of this bargaining unit. Employees shall also refer to Employer policies to resolve matters not covered by this Agreement or for clarification of matters covered by this Agreement. However, where there is a conflict between Employer policies and any provisions of this Agreement, the provision(s) of this Agreement shall govern. The official personnel file for each employee shall be clearly identified as such and the Human Resources Department shall be the custodian of such files. The files shall be locked, and access shall be limited to the employee's Department Head, or anyone designated by the Employer to act on their behalf, and staff in the Human Resources Department. An employee may examine their own personnel file by making an appointment with Human Resources. Representatives of the employee may be granted access with the written authorization of the employee, except as authorized by law. Conditions of hiring, termination change in status, shift, evaluations, commendations, and disciplinary actions shall be in writing with a copy to the Employee prior to placement in their personnel file. The Employer's failure to abide by this Article pertaining to personnel file access shall not affect the Employer's ability to proceed with the merits of discipline or discharge but may be a separate Union grievable matter and any grievance timelines 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 2023-2026 Mason County and Teamsters 252-Community and Family Health D Page 14 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 any time and on an ongoing basis. Evaluation may occur in various ways and may include coaching, counseling, or written assessment. The evaluation process shall also include a review of the current job description. Evaluation shall not, by itself, constitute disciplinary action —disciplinary action must be specifically identified as such, in writing, consistent with Article 9.6. Employees will be given a copy of the evaluation. Employees will be required to sign the evaluation, acknowledging its receipt. Evaluations are not grievable, however, employees may elect to provide a written response to the evaluation, which will be retained with the evaluation in the employee's personnel file. 9.6 DISCIPLINE/CORRECTIVE ACTION The Employer agrees to act in good faith in the discipline, dismissal, or demotion of any regular employee and any such discipline, dismissal or demotion shall be made only for just cause. No employee shall be discharged except for just cause. The parties recognize that just cause requires progressive discipline. Progressive discipline may include: • oral warnings, which will be documented; • written warnings — which may also include work performance improvement or corrective action plan for poor work performance or misconduct, • suspension without pay; • demotion; or • discharge. The intent of progressive discipline is to assist the employee with performance improvement or to correct misconduct. Progressive discipline shall not apply where the offense requires more serious discipline in the first instance. Both the sequencing and the steps of progressive discipline are determined on a case-by-case basis, given the nature of the problem. All disciplinary actions shall be clearly identified as such in writing. The employee will be requested to sign the disciplinary action. The employee's signature thereon shall not be construed as admission of guilt or concurrence with the discipline, but rather shall be requested as an indication that they have seen and comprehend the gravity of the disciplinary action. 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. 2023-2026 Mason County and Teamsters 252-Community and Family Health D Page 15 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 in order to allow a Union representative an opportunity to attend. If a Union representative is not available or a 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 such action as to any post-probationary employee was for just cause. Just cause shall be established if the following has been shown by the Employer: 1. That the Employer did forewarn employee of possible consequences of conduct. 2. That the Employer policy, rule, or order involved reasonably related to the orderly, efficient, or safe operation of the Employer. 3. That before administering discipline, the Employer did make an effort to discover whether employee did, in fact, violate or disobey an Employer policy or rule. 4. That the Employer conducted its investigation objectively. 5. That, in the investigation, the Employer did obtain evidence or proof that the employee violated such Employer policy or rule. 6. That the Employer applied its rules, orders, and penalties without discrimination under the circumstances. 7. That the degree of discipline was reasonably related to the seriousness of the offense and/or the employee's record. ARTICLE 10 —SENIORITY 10.1 DEFINITIONS Classification Seniority: The service time spent in a job classification within the bargaining unit. County/Employer Seniority: The total unbroken services with Mason County. An employee's County seniority shall be established as the initial date of hire, upon completion of the original six (6) month probationary period. 2023-2026 Mason County and Teamsters 252-Community and Family Health �RIGII Page 16 Seniority shall be established upon appointment to a regular full-time or part-time, budgeted position within the bargaining unit. No seniority shall be established while an employee is employed as Seasonal or an Extra-Help position. Time in service in a temporary position shall count for leave accrual or step movement purposes only. A temporary employee or a regular employee in a temporary position who is hired without a break in service directly into a regular position in the same classification shall be credited for Office/Department Seniority from the original date of hire into that classification. The appointment date shall be adjusted for leaves of absence without pay, except when such leaves are the result of federal or state legally protected leaves. Other Definitions: 10.1.1 Application of Seniority How an employee's years of continuous service are utilized to determine their respective rights in regard to postings, promotions, reassignment, transfer, layoff, or recall. 10.1.2 Continuous Service Means uninterrupted employment with the Employer subject to the following provisions: 1. Continuous calendar-based service shall include uninterrupted employment. 2. Continuous service is terminated by resignation, termination, retirement, layoff, or failure to respond to two offers of recall to former or comparable employment. 10.1.3 Layoff A layoff is identified as the anticipated and on-going or prolonged reduction in the number of full-time equivalent (FTE) positions or in the number of partial FTEs within the Employer or within a job classification covered by this Agreement. A reduction in force in a classification may occur for reasons of lack of funds, lack of work, efficiency, or reorganization. Reductions in force are identified by classification within the affected Office or Department. 10.1.4 Affected Group/Employees An Affected Group would be any job classification that is subject to a layoff. An Affected Employee would be the least senior employee(s) within an affected job classification which are subject to lay-off or reduction in force and have certain rights as a result. 10.1.5 Layoff Alternatives Several alternatives exist for affected employees including: 1. Assume a vacant position - per Article 10.13.1 2. Bump -displacing a less senior employee 3. Recall - accepting unemployment and the option of future recall 10.1.6 Bumping The displacement of a less senior regular employee by another regular employee with more County seniority as defined by this Article. 10.2 APPLICATION OF SENIORITY In the event of reassignment, transfer, layoff, or recall, seniority shall be the determining factor where employees are equally qualified to do the job. 2023-2026 Mason County and Teamsters 252-Community and Family Health °: Page 17 Seniority shall be applied in the following manner: For the purpose of layoff, seniority shall mean time spent in a job classification within the bargaining unit. For all other purposes, seniority means total unbroken service with Mason County. An employee's County seniority shall be established as the initial date of hire upon completion of the original six (6) month probationary period. 10.2.1 Postings / Promotions Regarding job postings, promotion and reassignment, "qualifications" and/or "ability" will be the primary consideration, with such posting or promotion being consistent with Article 9 and this Article. Qualifications will include the minimum qualifications of education, training and experience as set forth in the job description, as well as the job performance, ability, employment record and contribution to the needs of the Department. 10.2.2 Layoffs Classification Seniority shall determine who is to be laid off within the selected classification (affected group) and within the Office or Department. The least senior regular employee(s) within the classification shall be the affected employee(s). In the event of two employees having the same Office/Department Seniority, bargaining unit seniority shall be determinative. In the event of two employees having the same bargaining unit seniority, Employer seniority shall be determinative. 10.2.3 Bumping As to bumping, the employee's "competence" and the ability to adequately perform the unique functions of the job assignment will be the primary consideration, applied in accordance with seniority. Competence / Ability to adequately perform will be defined as the immediate, clear and full performance on the job, with a minimal period of orientation and no material reduction in the efficiency of the operation or services, as determined by the Employer. 10.2.4 Recall Seniority shall be determinative in the identification of which employee is to be recalled, when there are more than one who is qualified and/or have previously performed a position. If an employee is being recalled to a new position, the employee's qualification, and the ability to adequately perform the unique functions of the job assignment will be the primary consideration, applied in accordance with seniority, consistent with Article 10.2.3. 10.3 PROBATIONARY PERIOD Upon successful completion of the probationary period for newly hired employees, the Employer seniority of the regular employee shall be established as the initial date of hire including the service during the probationary period. Classification seniority shall then be based on continuous service with the Department in that classification. A probationary employee does not have the right to grieve dismissal. 10.4 LOSS OF SENIORITY Seniority shall terminate by discharge from service or by voluntarily leaving County service; provided that employees on layoff status who are recalled within eighteen (18) months of the date they were laid off shall have their original seniority date adjusted by the period of time in layoff status. An employee, therefore, will lose seniority rights by and/or upon: ❖ resignation 2023-2026 Mason County and Teamsters 252-Community and Family Health Page 18 ❖ discharge; ❖ retirement; ❖ Layoff/Recall list of more than eighteen (18) months; ❖ failure to respond to two (2) offers of recall to former or comparable employment. Employees who are re-employed following the loss of their seniority (this does not apply to those returning from layoff), shall be deemed a newly hired employee for all purposes under this Agreement. 10.5 LAYOFFS A layoff is identified as the anticipated and on-going or prolonged reduction in the number of full- time equivalent (FTE) positions or in the number of partial FTEs within the Employer or within a job classification covered by this Agreement. For purposes of this article, a layoff is further identified as an involuntary reduction in force by termination of employment or a temporary or permanent involuntary reduction of hours below an employee's normal workweek or work month (i.e., any reduction in hours which results in a regular position being less than their budgeted FTE). The Employer may reduce the work force because of lack of work or lack of funds. Total Classification Seniority shall determine who is to be laid off within the selected classification. Bumping rights are determined by county seniority, consistent with Article 10.2. Layoff process: A. The Employer may reduce the work force because of lack of work, lack of funds, or workflow reorganization. B. If a reduction in the work force becomes necessary, the Employer will first consider reduction through normal attrition, (i.e., by not filling normally occurring vacancies.) C. If normal attrition is not feasible, then the Employer shall determine which position(s) will be eliminated. The least senior employee(s) in the affected job classifications) shall be laid off. Before laying off any regular employee, all temporary and probationary employees within the same Office or Department shall be laid off first, provided there is a regular employee qualified to do the work of the position and unique skills are not required. 10.6 NOTICE Employees scheduled for layoff shall be given at least fourteen (14) calendar days' written notice of the layoff. 10.7 MEETING WITH UNION The Union shall also be notified in writing of any reduction in hours proposed by the Employer, including the purpose, scope, and duration of the proposed reduction. Upon the Union's request, the Employer and the Union shall meet promptly during the notice period identified in Article 10.6 to discuss the reasons and the timelines for the layoff and to review any suggestions concerning possible alternatives to layoff. Union concerns shall be considered by the Employer prior to implementation of any reduction in hours. This procedure shall not preclude the Employer from providing notice to employees or requesting volunteers to take a leave of absence without pay, provided the Employer notify the Union of the proposed request. 2023-2026 Mason County and Teamsters 252-Community and Family Health Page 19 10.8 AFFECTED GROUP The following procedure shall apply to any layoff: 10.8.1 Affected employees The Employer shall first determine by job classification the number of employees or FTE's to be affected by the layoff. The employee(s) holding such FTE's, which are subject to layoff, shall be the "affected employee(s)." The least senior employee, by Classification seniority, within the affected job classification shall be selected for layoff, consistent with Article 10.2.2. The exception would be only when the Employer determines that the position requires unique qualifications and abilities necessary to perform the specialized and required functions of that position, which would then become an overriding factor. In cases where Classification seniority within a job classification is equal, County seniority will be the determining factor. If all of the seniorities are equal, then Management shall make the final decision based on performance and job skills. 10.8.2 Volunteers Simultaneous with implementing the provisions of the layoff procedure, the Employer may first seek, by a five (5) working day posting process, volunteers for layoff or voluntary resignation from among those employees who work within the same job classification as the affected employees. If there are more volunteers than affected employees, volunteers will be chosen by bargaining unit seniority. Employees who volunteer for layoff may opt for recall rights as described in this article at the time of layoff. If there are no or insufficient volunteers within the affected job classification, the remaining affected employees who have received notice must choose promptly (within five (5) full working days of receipt of the Notice) among the layoff options set forth in Article 10.13. 10.8.3 Probationary Employees If the number of volunteers is not sufficient to meet the announced number of necessary layoffs, and if the affected employee is an initial probationary employee, then that employee shall be laid off and are ineligible to select among layoff options. 10.9 VACANT POSITIONS Positions will be filled in accordance with Article 10.2 and other sections of this Article. Within the bargaining unit and the Department, affected employees and employees on the recall list shall be given first opportunity for vacant bargaining unit positions for which they are qualified prior to outside hiring by the Employer, consistent with Article 10.13.1. Within other Departments affected employees will be given consideration for vacant positions for which they are qualified. 10.10 SENIORITY LIST The Employer will provide the Union with a seniority list of all employees within the bargaining unit annually or upon request. . If a layoff is announced, a current ranked seniority list including job classifications, names,job locations, and FTE or hours per week shall be provided to the Union and posted in the affected Department. 10.11 ORDER OF LAYOFF The least senior employee (by Office/Department Seniority)within the affected job classification and affected Department shall be selected for layoff. No regular employee shall be laid off while another employee in the same classification within the Department is employed on a probationary, extra 2023-2026 Mason County and Teamsters 252-Community and Family Health Page 20 help or temporary basis, unless specialized skills are required to fill the position that are not possessed by the regular staff member. This provision shall apply only to the classification where the initial layoff occurs and not to the classification into which laid off employees have bumped. 10.12 COMPARABLE EMPLOYMENT For purposes of this Article, "comparable employment," "comparable position" or vacancy shall be defined to include a position which has the same salary pay range and, additionally, the educational and experience qualifications, FTE and workweek are substantially similar. 10.13 LAYOFF OPTIONS Affected employees who have completed their probationary period shall have the following options: 10.13.1 Assume a Vacant Position On a bargaining unit seniority basis, to assume a vacant position in the same Department and bargaining unit, for which they are qualified. On a bargaining unit seniority basis, the employee shall also be considered for available job openings within the Employer for which the employee is qualified. When a regular full-time or part-time employee is being laid off the Employer may offer a temporary position if one is available, and the employee can perform the work. Laid off employees who accept these assignments will be provided the benefits and provisions of the temporary assignment. Employee(s) accepting these assignments will be subject to recall. 10.13.2 Bump Employees scheduled for layoff may bump into another employee's position in lieu of being laid off, if all of the following conditions are met: 1. they have more seniority than the employee they will bump; 2. the job classification they are bumping into is paid on a salary range that is equal to or less than the salary range of their job classification; 3. they previously held status in that job classification or they are determined by the Employer to be qualified to immediately perform the primary functions of the job; and 4. they provide at least five (5)working days' notice from the date of the layoff notice of their intent to exercise their bumping right to the Employer. Under no circumstances shall an employee's exercise of their bumping right result in a greater benefit to the employee than previously held (e.g., a promotion or increase to full-time, if previously part-time). The employee bumping into another position shall be given an orientation period to familiarize the employee with the practices and/or policies related to the job. The employee who may be displaced by the more senior employee who is bumping shall be provided at least fourteen (14)calendar days' written notice of the layoff. If the employee is eligible to bump another employee pursuant to the conditions outlined in this subsection, then that third employee identified for layoff shall be laid off. Regular Employees faced with a reduction of hours shall have the option of remaining in the reduced position (if above the 20-hour threshold) or bumping to a lower classification, if competent as defined in Article 10.2.3. Competent shall mean having demonstrated skills and required experience to perform the job; and in case of disputes, the Employer shall make the final decision. 2023-2026 Mason County and Teamsters 252-Community and Family Health (: Page 21 An employee who has bumped shall move to the highest step of the new range that does not exceed their current salary. 10.13.3 Recall If the affected employee elects not to take a vacant position, elects not to bump or cannot immediately and adequately perform the functions of the job assignment in assuming a vacant or bumped position, then that employee will be placed on the recall list and will be eligible for recall under Article 10.15. Nothing contained in this layoff section shall be construed to require the Employer to modify its position and classification structure to accommodate bumping or other re-employment rights. Salary placement rules shall apply to recall to regular positions and to employees who have bumped. Employees bumping to another position shall retain their old anniversary date for purposes of step increases. Persons recalled to the same salary range shall be placed in their former step and time in step. The Employer shall determine the salary for non-regular positions not represented by the bargaining unit. 10.14 REDUCTION HOURS/FTE An employee subject to an involuntary reduction in their FTE may elect to accept the reduction, may bump and/or may elect to be placed on recall in accordance with Article 8.13. If the reduction results in hours less than their budgeted FTE, it will be considered a layoff and the employee shall have the right to bump or recall list. 10.15 RECALL Any Regular employee who is laid off shall have their name placed on a recall list for the classification they were laid off from, for any lower classification in the same series, and for any other classification in which the employee has held permanent status. The employee's name shall remain on the recall list(s) for a period of eighteen (18) months from date of layoff. Persons shall be recalled in inverse order of layoff to the classification held at the time of layoff. Employees who were laid off shall be considered for other positions in their department that they are qualified to perform. It shall be the responsibility of each person on a recall list to keep the County informed of their current address and telephone number. The layoff letter to the employee shall advise him/her of their recall rights and of the name and address of the person in County government to whom the employee must send notice of their current address or any subsequent changes. The County shall have the right to remove the name of any person on the recall list if there is no response within fourteen (14) calendar days after the County has mailed a certified letter (return receipt request) to the person's last known address. If an employee on recall accepts an opportunity to return to work in a lower classification than the one laid off from, the employee's name may remain on the recall list for their previous higher classification for the balance of the eighteen (18)months and shall be given an opportunity to accept such a position if it should become available. If an employee is recalled to return to the same classification from which they were laid off, and refuses the offer to return, their name shall be removed from the recall list and further return rights shall be forfeited. Employees recalled to their former classification within eighteen (18) months of being laid off shall be placed at the same salary range and step, and time in step, in effect at the time of layoff. In addition, employees recalled to County service within eighteen (18) months to the same or another job classification in the bargaining unit shall have the sick leave balance as of the date of layoff restored (unless the employee received a sick leave cash out at the time of layoff), shall accrue vacation leave 2023-2026 Mason County and Teamsters 252-Community and Family Health Page 22 at the same accrual rate in effect as of the date of layoff, and the number of years of continuous County service at the time of layoff shall be credited towards eligibility for the longevity benefit. Employees recalled into regular part-time positions shall be subject to pro-rated benefits as described in other articles of this Agreement. As long as any employee remains on the recall list the Employer shall not newly employ by hiring persons into the affected bargaining unit classification(s), within their Department, until all qualified employees holding recall rights to that affected classification have been offered recall. A copy of the recall list shall be provided to the Union, upon request. Employees shall not lose seniority original as a result of layoff for a period of up to eighteen (18) months, per Article 10.4.4; provided, however, that no benefits nor seniority shall be accrued during the period of layoff. 10.16 VACATION & LEAVE CASH OUTS/ PAY Any regular employee who is laid off or terminated shall be cashed out for any unused vacation benefits or comp time with their final paycheck, to the extent of established maximums (per other Articles of this Agreement). Sick leave balances at the date of layoff shall be restored upon recall with the Employer if the person is recalled into a regular position from the recall list and the employee did not receive a sick leave cash-out per Article 15.1. No sick leave shall accrue during the period of layoff. If a person on the recall list is employed in a temporary position, only sick leave accrued during temporary employment may be used during temporary employment. Sick leave accrued during temporary employment may be added to any existing sick leave balance if the person is hired into a regular position from the recall list. 10.17 UNEMPLOYMENT CLAIMS If laid off employees apply for unemployment compensation benefits, the Employer will not contest the claim and will confirm that the employee was laid off. ARTICLE 11 —WAGES 11.1 WAGE SCHEDULE. Effective January 1, 2023, through December 31, 2026, each employee shall have their base wage as set forth in Appendix A adjusted by the increase as set forth below: INCREASE 1/1/23 2.00% 1/1/24 2.00% 1/1/25 2.00% 1/1/26 2.00% 11.2 HIRE-IN RATES New regular employees shall normally be placed at Step 1 of the appropriate salary range or with prior related experience may be placed at a step in the salary range consistent with current personnel policy. 2023-2026 Mason County and Teamsters 252-Community and Family HealthL" Page 23 ARTICLE 12 —OTHER COMPENSATION 12.1 BILINGUAL PAY Eligible employees shall receive Bi-Lingual pay for the certification level authorized by the Employer: ❖ Seventy-five dollars ($75.00) per month for the General certification ❖ One hundred dollars ($100.00) per month for the Medical certification ❖ One hundred twenty-five dollars ($125.00) per month for the Legal certification Eligibility requirements: a. The County shall determine if Bi-Lingual pay shall be utilized, the language(s) that Bi- Lingual is payable for and the number of employees eligible for Bi-lingual pay. Spanish is the current payable language. b. Bi-Lingual general, medical, or legal certification through DSHS. The County, at its discretion, may choose which certification(s) are required and acceptable substitutes, such as certification from other states. 12.2 CALL-BACK PAY All employees will respond to emergency callouts unless extenuating circumstances such as illness or other incapacitation prevent the employee from responding. Full-time employees who are called back to work after leaving the job site (and not adjacent to the next regularly scheduled shift), shall receive a minimum of two (2) hours' pay at the overtime rate. When an employee is called out between shifts, the time worked between shifts shall be paid at the rate of one and one-half(1'/2)times the regular rate, unless an adjusted work week is mutually agreed upon per Article 8.4. Part time employees who are called back to work after leaving the job site shall receive a minimum of two (2) hours' pay at the appropriate rate of pay. 12.3 LEAD WORKER The County Department Head, with the approval of Human Resources, may designate an employee as a Lead Worker; 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 shall receive an additional 5% above their applicable rate of pay. Such employee shall be subject to all conditions of the Collective Bargaining Agreement including distribution of overtime. A Lead Worker will typically direct, oversee and/or organize the work of other employees. The Lead Worker cannot hire, fire, or discipline other employees within the bargaining unit. 12.4 WORK IN A HIGHER CLASSIFICATION No employee shall be reduced in salary or benefits because of being assigned by the Employer to perform the work of a lower classification, except in the situation of lay off. A supervisor may assign an employee to perform the primary duties of a higher classification, when those duties are not part of the employee's current job classification, for the purpose of: a. providing work coverage during an authorized vacation period; b. providing work coverage during an authorized sick leave; c. providing work coverage for an authorized leave of absence; or d. providing work coverage for a currently vacant position. 2023-2026 Mason County and Teamsters 252-Community and Family Health �1�1. Page 24 1 1��; If the employee is scheduled to work in the higher job classification for a minimum of three (3) consecutive workdays, the employee shall be paid on the step of the salary range for the higher classification that provides at least a five percent (5%) increase. 12.5 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 Mason County Vehicle Use Policy for all miles driven on such business. 12.6 LONGEVITY The County shall provide additional monthly compensation above each eligible, regular full-time employee's base salary to recognize continuous length of service as a County employee. Eligible, regular part-time employees shall receive a pro-rated longevity benefit in proportion to the number of hours the part-time employee is in pay status during the month as compared to that required for full- time employment. The longevity benefit will be implemented in accordance with the following schedule: Total Years of Service Completed Additional Pay Increment Beginning of 11th Year of County Service 1.5% Beginning of 16th Year of County Service 3.0% Beginning of 21s'Year of County Service 4.5% Beginning of 26th Year of County Service 6.0% 12.7 CERTIFICATIONS/LICENSURES The County shall pay for the costs of all physical examinations, immunizations, testing (other than the basic Washington State Driver's License), and/or training that the County has required as a condition of continuing employment in the employee's classification. This benefit shall be for current employees only; it excludes the cost(s) of any certification/testing/examination required to meet the conditions of employment for the prospective employee's position. Should an employee seek to transfer to a new position requiring certification/testing/examination to meet the minimum requirements for the position,the cost shall be borne by the employee. Mason County will reimburse the annual cost of the licensure for all nurses within this bargaining unit. The payment of the nurses' licensure will initially be paid by the employee (Nurse) and then reimbursed in accordance with current practice for reimbursement. ARTICLE 13 - HOLIDAYS 13.1 HOLIDAYS The following list will be the annual recognized paid holidays: New Year's Day Labor Da Martin Luther King Day Veterans' Da Armistice Da President's Day Thanksgiving Da Memorial Day Day After Thanksgiving July Fourth Christmas Eve Da Juneteenth Christmas Day Two 2 - Floating Holidays For any holiday to be paid an employee must be in paid status the employee's scheduled workday before and the employee's scheduled workday after the holiday. 2023-2026 Mason County and Teamsters 252-Community and Family Health s , Page 25 13.2 RELIGIOUS HOLIDAYS Employees may also take other religious holidays off with their supervisor's approval, with or without pay, through utilization of vacation or comp time or by making alternative work schedule arrangements. Such requests shall not be unreasonably denied. 13.3 HOLIDAY OBSERVANCE When a recognized holiday falls on Saturday, the day preceding it will be allowed, and when falling on Sunday, the day following will be allowed as a regular paid holiday. If any of the listed holidays under this agreement cannot be accommodated as an observed holiday on an employee's regularly scheduled day, the holiday shall be observed on a day mutually agreeable to the employee and the Employer within the same pay period, or the employee will be compensated in accordance with Article 8.4 13.4 HOLIDAY ON DAY OFF When a holiday falls on an employee's scheduled day off, an alternate day off will be approved within the same workweek. 13.5 HOLIDAY COMPENSATION Benefitted employees shall be paid no more than eight (8) hours of holiday benefit pay for that day regardless of their work individual schedule. Part-time employees shall receive paid holidays on a pro-rated basis in proportion to the number of hours the part-time employee is in pay status during the month as compared to that required for full-time employment. ARTICLE 14—VACATION 14.1 VACATION ACCRUAL All regular and temporary full-time employees of the County coming under this Agreement after six (6) months' employment shall be entitled to and receive vacation leave with pay as follows: 1st through 3rd year of employment 96 hours 4th through 7th year of employment 120 hours 8th through 9th year of employment 144 hours 10th through 11th year of employment 160 hours 12th through 14th year of employment 176 hours 151h through 161h year of employment 184 hours 17th through 19th year of employment 192 hours 20th year or more of employment 200 hours Regular and temporary part-time employees shall accrue vacation leave on a pro-rated basis in proportion to the number of hours the part-time employee is in pay status during the month as compared to that required for full-time employment, plus they must also meet the qualification for PERS participation to have vacation leave accrual apply. The first day of the month of hire shall be the effective date of subsequent increases in the vacation leave accrual rate for employees hired between the first and the fifteenth of the month. The first day of the month following the month of hire shall be the effective date of subsequent increases in the vacation leave accrual for employees hired between the sixteenth and the last day of the month. Employees shall accumulate one-twelfth (1/12th) of their yearly accumulation total per month. The maximum amount of vacation leave that may be accrued at any point in time is four hundred (400) hours. No additional vacation leave will be accrued or added to an employee's vacation leave 2023-2026 Mason County and Teamsters 252-Community and Family Health Page 26 benefit when the maximum accrual has been attained, except when approved in writing by the Department Head. Regular and temporary full-time employees must work or be in a paid status at least eighty(80) hours in a month in order to accrue vacation leave for the month. Regular and temporary part-time employees must work or be in a paid status at least in the same proportion to the eighty(80) hours as their regular hours are to full-time employment to accrue vacation leave for that month. 14.2 VACATION SCHEDULING Vacation leave must be requested in writing, in advance, and is subject to the written approval of the Department Head or designee. Vacation leave accrued within the first six (6) months of employment cannot be utilized by an employee until they have successfully completed the initial appointment probationary requirements. An employee whose employment with Mason County terminates within the six(6) month probationary period shall not be paid for any vacation leave accrued during the probationary period. 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. 14.3 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. 14.4 VACATION UPON TERMINATION When a Regular and Temporary full-time or Regular and Temporary part-time employee's employment terminates, the employee shall be paid in full for all accrued vacation leave. The vacation leave cash out shall be paid at the employee's rate of pay at the time of separation, provided that no employee may cash out more than four hundred (400) hours of accrued vacation leave. 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 accumulated for all Regular and Temporary full-time employees, who have worked or been in a paid status at least eighty (80) hours, at the rate of eight (8) hours per month for each 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 pay 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. Sick Leave cannot be taken before it is actually earned. 2023-2026 Mason County and Teamsters 252-Community and Family Health y t, r , 1 Page 27 �. N r 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 they would have received from the Employer if able to work. SICK LEAVE -ADJUSTMENT FOR WORKER'S COMPENSATION: 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 their time loss compensation and their full regular salary unless the employee elects not to use their sick leave. C. Should an employee receive Worker's Compensation for time loss and they also receive sick leave compensation, their sick leave accrual prior to the time loss will be reduced by the total number of hours they were on sick leave minus the number of hours at full salary for which they are paid to the nearest hour. D. Until eligibility for Worker's Compensation is determined by the Department of Labor and Industries, the County may pay full sick leave accumulated, provided that the employee shall return any subsequent over-payment to the County. E. Should an employee apply for time loss compensation and the claim is then or later denied, sick leave and vacation leave may be used for the absence in accordance with other provisions of this rule. F. Nothing herein pertains to a permanent disability award. G. If any employee has no sick leave accumulated, vacation leave may be substituted. 15.5 FAMILY MEMBER Authorized uses of sick leave may be utilized as defined in Article 1.6. 15.6 SICK LEAVE CASH OUT Employees hired before January 1, 2011, shall receive payment for unused 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 their estate. Employees hired on or after January 1, 2011, shall not be eligible to receive any cash out of their accrued sick leave upon separation from County service, and there shall be no cash out benefit provided to their estate upon the employee's death. 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. 2023-2026 Mason County and Teamsters 252-Community and Family Health Page 28 .,t As appropriate for the type of leave requested, paid leave accruals will be utilized prior to unpaid leave, unless Washington Paid Family Medical Leave is utilized, or 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' paid bereavement leave may be taken in case of death in the immediate family requiring the attendance of the employee (funerals are included). Two(2)additional days'sick leave may be taken at the employee's request. Immediate family includes only persons related by blood or marriage or legal adoption and is limited to the following relations for purposes of this article: 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. 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 PFML, FMLA or military leave. 16.6 LEAVE WITHOUT PAY An employee may request a leave of absence without pay for up to a period of(1)year.As appropriate for the type of leave requested, all allowable leave balances must be exhausted prior to taking a leave of absence without pay, except for using vacation leave during an employee's probationary period. If a leave of absence without pay is granted, the employee shall have return rights to their previously held position. Return rights for any other leave of absence shall be limited to three (3) months. If the previously held position has been abolished during the leave of absence, then the employee shall have return rights to a similar position (a position in the same classification at the same salary level) if there is a vacancy. If there is no vacant similar position, the employee shall be placed on the recall list, pursuant to Article 10, Seniority, Layoff and Recall. An employee on leave of absence may be affected by a lay-off in the same manner as if the employee were working. Page 29 2023-2026 Mason County and Teamsters 252-Community and Family Health S1 "' Leave of absence without pay is not creditable towards seniority and seniority related benefits, except as identified above in Article 14.5 for identified legally protected leave such as FMLA and Military. An employee who takes a leave of absence without pay shall have their date of hire for seniority purposes adjusted for the same duration of time as the period of leave without pay. Step increases are based on duration of employment and will be adjusted accordingly. General salary increases are not based upon duration of employment and will not be adjusted in this manner. The employee's seniority for purposes of vacation accrual, promotion and layoff would be adjusted in the same amount as the duration of the leave without pay. In the unlikely event an employee was granted a leave without pay during their probationary period, the probationary period would be extended for the same duration as the leave without pay. 16.7 FAMILY LEAVE—FMLA The County and the Union mutually agree to comply with all State and Federal Family Leave Laws (FMLA, RCW 49.78). All leave balances must be exhausted prior to an employee taking leave without pay. The Employer will grant leave consistent with state and federal law. Family leave shall be 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. 16.8 MATERNITY LEAVE Consistent with WAC 162-30-020, the Employer will grant a leave of absence for a period of temporary disability because of pregnancy or childbirth. This may be in addition to the leave entitlements of FMLA. This leave provides female employees with the right to a leave of absence equivalent to the disability phase of pregnancy and childbirth. There is no eligibility requirement, however the Employer has no obligation to pay for health insurance benefits while on this leave (unless utilized concurrent with FMLA). Leave for temporary disability due to pregnancy or childbirth will be medically verifiable. There is no limit to the length of the disability phase, except for the right for medical verification and the right of second opinion at the employer's expense. At the end of the disability leave, the employee is entitled to return to the same job or a similar job of at least the same pay as provided by law. Employees must use their accrued vacation and sick leave, if any, during the leave period and, at their election, any accrued comp time, consistent with the retention provision as provided in Article 16.7. Once this paid leave is exhausted, the employee's leave may be switched over to unpaid leave. 16.9 INCLEMENT WEATHER Employee rights and responsibilities during severe weather and emergency or disaster conditions are covered by the current Inclement Weather Policy of the Employer. The goal shall be to continue to provide essential Employer services, consistent with public and employee safety and emergency operations priorities. 16.10 WASHINGTON STATE PAID LEAVE COMPLIANCE The County and Union mutually agree to comply with all Washington State Paid Family & Medical Leave laws, per RCW 50A.04, and future amendments with the law. 16.11 WASHINGTON STATE LONG TERM CARE TRUST ACT COMPLIANCE The County and Union mutually agree to comply with all Washington State Long Term Services Trust Act laws, in accordance with RCW 5013.04. 2023-2026 Mason County and Teamsters 252-Community and Family Health #` Page 30 . .r 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. ARTICLE 17— HEALTH & WELFARE 17.1 HEALTH AND LIFE INSURANCE The County shall contribute as below each month during the term of this Agreement for each eligible employee for medical, dental, vision, and life insurance coverage. A. Effective January 1, 2023, the contribution shall be increased to one thousand four hundred and sixty-six dollars ($1466) per month during the term of this Agreement for each eligible employee for medical, dental, vision, and life insurance coverage. B. 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. C. 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. D. Effective January 1, 2026, the contribution shall be increased to one thousand six hundred and twenty-two dollars ($1622) per month during the term of this Agreement for each eligible employee for medical, dental, vision, and life insurance coverage. Eligible employees are those Regular and Temporary full-time and Regular and Temporary part- time employees compensated for eighty (80) man-hours (excludes vacation, sick and comp time payouts upon separation from employment) or more per month during the calendar year. The above contribution is to be applied to premiums for PEBB Medical Plan and current County vision, dental, and life insurance plans. In the event the County's maximum monthly contribution is insufficient to provide 100% of the total Health and Welfare premiums as referenced in Section 1 above, the priority order for full County payment shall be as follows: (1) Life Insurance; (2) Vision; (3) Dental; and (4) Medical. Any monthly premium contribution required above the County's maximum contribution shall be paid by a reduction of the necessary amount from the employee's salary. The County shall provide an Employee Assistance Program (EAP) benefit for all bargaining unit employees. 17.2 RETIREMENT Pensions for employees and contributions to pension funds will be governed by the Washington State statutes in relation thereto in existence during the contract period. Page 31 2023-2026 Mason County and Teamsters 252-Community and Family Health p J ,' <f ^� r 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/ 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, at a minimum quarterly, concerning suggestions and issues of a general nature affecting the Union and the Employer relations. 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. The parties therefore establish a Labor/Management Committee consisting of up to three(3)members from the Bargaining Unit and the Union staff representative, up to three (3) members from the Employer, including a representative from Human Resources, and one (1) representative from the Employer acting as clerk. The committee will meet from time to time during working hours to discuss matters of mutual interest or concern. The committee shall not have the authority to change this Agreement, nor shall it substitute for the grievance procedure. 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 COMPENSATION All meeting time spent by members of the joint Labor-Management Committee will be considered time worked if during duty hours and will be paid at the appropriate regular rate of pay. ARTICLE 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. All on-the-job injuries, no matter how slight, must be reported. Employees must immediately notify their supervisor if they are unable to work because of a work-related injury or illness. 2023-2026 Mason County and Teamsters 252-Community and Family Health j y ', ' Page 32 20.2 HEALTH &SAFETY PLAN The Employer shall develop and follow written policies and procedures to deal with on-the-job safety and shall conduct an ongoing site-specific safety and security plans in conformance with state and federal laws. 20.3 DRUG FREE WORKPLACE The Drug Free Workplace Act of 1988 for federal contractors and grant recipients requires that employers will provide a drug free workplace. This policy strictly prohibits the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance in the workplace. Fitness For Duty — If a supervisor or manager reasonably suspects, through observation, that an employee may be physically incapable of performing the essential functions of the job and/or may be under any influence of, or impaired by, a substance, the employee shall be removed from duty immediately and undergo substance testing for the suspected substance. Except in emergency situations, the supervisor or manager shall consult with another supervisor, manager or representative of Human Resources to ensure that adequate grounds for reasonable suspicion exist. The consulted supervisor, manager or representative of Human Resources shall also personally observe the employee before the employee is required to test for the presence of that substance. At this time the employee will also be notified of his or her Weingarten rights. Employees removed from duty under such circumstances who test positive shall be required to meet with the Employer's Substance Abuse Professional (SAP) and shall only be allowed to return to work, if at all, in accordance with the return-to-work provisions of the Employer's substance abuse policy. 20.4 WORKPLACE VIOLENCE The Employer is committed to employee health and safety. Workplace violence, including threats of violence by or against an employee, will not be tolerated and should be immediately reported whether or not physical injury occurs. ARTICLE 21 - GRIEVANCE PROCEDURE 21.1 GRIEVANCE DEFINED The purpose of this grievance procedure is to promote harmony and efficiency between employees and the County by providing timely settlement of grievances without fear of discrimination or reprisal. A grievance is an allegation by an employee, group of employees or the Union that there has been a violation, misapplication or misinterpretation of this Agreement. Employees will be unimpeded and free from restraint, interference, coercion, discrimination or reprisal in seeking adjudication of their grievance. Any grievance procedure time limit may be extended by mutual written agreement. Failure by an employee and/or the Union to comply with any grievance time limitations shall constitute withdrawal of the grievance. Failure of the County to comply with any grievance time limitations shall automatically permit the Union or the employee to advance the grievance to the next step in the grievance procedure. A grievance of interest to several employees may be filed as a "group grievance." The processing and adjudication of grievances shall be conducted during working hours. 2023-2026 Mason County and Teamsters 252-Community and Family Health 9 , Page 33 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 their Union representative or they 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 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 with the Human Resources Department. Within ten (10) calendar days after the receipt of the official written grievance, the Department Head shall schedule a meeting with the employee and Shop Steward and/or Union Representative to hear and seek to resolve the grievance. The Department Head shall provide a written response to the employee and the Union Steward/Union Representative within fourteen (14) calendar days of the meeting. 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 and Union Steward/Union Representative to hear and seek to resolve the grievance. The Human Resources Director shall provide a written answer to the employee and the Union Steward/Union Representative within 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 parties may request the Public Employment Relations Commission (PERC) to supply a list of seven (7) qualified arbitrators. If a list of seven arbitrators is requested, both parties will attempt to agree upon an arbitrator from this list. If they cannot agree within fourteen (14) calendar days from the receipt of the list, a flip of the coin will determine which party strikes the first name from the list. This striking of names will alternate between the parties until one name remains. This person shall be the arbitrator. The written referral to arbitration must be made within thirty (30) calendar days after the decision of the Human Resources Director, and a copy of the referral provided to the Department Head and the Human Resources Director. The referral to arbitration will 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. 2023-2026 Mason County and Teamsters 252-Community and Family Health Page 34 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 their 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 records 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 UNION/EMPLOYER GRIEVANCE Either the Union or the Employer may initiate a grievance at Step 2 if the grievance is submitted in writing within ten (10) business days from the date the Employer / employees became aware or reasonably should have known that the grievance existed. The Employer may not grieve the acts of individual employees, but rather, only orchestrated acts or actions of authorized representatives believed to be in conflict with this Agreement. An Employer grievance will not be subject to Arbitration and may only go to mediation upon mutual agreement. The Union may initiate a Grievance at Step 2 anytime that it involves a group of employees involving different supervisors or from different Departments. Such grievances may be referred to mediation services by mutual agreement prior to Arbitration. 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: ❖ Investigate any grievance or dispute so that the same can be properly presented in accordance with the grievance procedure. ❖ Attend meetings with the Director or other Employer representatives when such meetings are necessary to adjust grievances or disputes. Meetings with designated personnel will be by appointment and held without delay when possible. ❖ Confer with a staff representative of the Union and/or employees on Employer 2023-2026 Mason County and Teamsters 252-Community and Family Health t _ Page 35 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 6.3, obtaining coverage to ensure 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 provisions herein be rendered or declared invalid by reason of any existing or any subsequently enacted legislation, or by a decree of a court of competent jurisdiction, such invalidation of such part or portion of this Agreement shall not invalidate the remaining portions hereof and they shall remain in full force and effect. In such event the parties shall meet within thirty (30) days for renegotiation of such invalid provisions for the purpose of adequate and lawful replacement thereof and to preserve the intent of the entire Agreement as negotiated by the parties. ARTICLE 23 — ENTIRE AGREEMENT 23.1 DURATION CLAUSE This Agreement shall be in full force and effect from January 1, 2023, through December 31, 2026. Either party may request negotiations of a successor agreement within ninety (90) days of the expiration of this Agreement. This Agreement may be modified during its term by mutual agreement of both parties concerned. Such mutual agreement shall be reduced in writing and shall be incorporated as a part of this Agreement. 23.2 ENTIRE AGREEMENT The Agreement expressed herein in writing constitutes the entire agreement between the parties and no oral statement shall add to or supersede any of its provisions. The Employer agrees not to enter into any Agreement or contract with any covered employee(s), either individually or collectively, which is inconsistent with the terms of this Agreement. The existing contract shall remain in effect until a successor contract is signed, or until one year from the termination of this Agreement. a 2023-2026 Mason County and Teamsters 252-Community and Family Health Y 4 Page 36 SIGNATURES DATED this 23'rd day of Maw TEAMSTERS LOCAL NO. 252 BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON wt Brian Blaisd l; Secretary-Treasurer 'Sharon Trask; Commissioner �. Jim Jack; B iness Agent Kevin Shutty; missioner ST: McKenzie Smit ; Cle of the Board Rand Neatherlin, Commissioner 2023-2026 Mason County and Teamsters 252-Community and Family Health D ORIGINMIO Page 37 ATTACHMENT A - SALARY TABLE All bargaining unit employees who were at step 6 on or before 1213112021 will receive their step increase to step 7 on 1/1/2023 and their anniversary date for step increases will change to January 1, all other eligible employees will move to step 7 on their regular anniversary date in 2023. Advancement from step to step occurs on annual anniversary date. Note: Figures are rounded and will vary sli h ly in MUNIS as MUNIS calculates out four 4 decimal laces. Effective 1/1/2023 Step 1 Step 2 1 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Community Health Spec III 5,747.21 5,890.89 6,038.20 6,189.12 6,343.83 6,502.44 6,665.00 6,831.62 Community Health Spec II 5,336.86 5,470.28 5,607.04 5,747.21 5,890.89 6,038.16 6,189.11 6,343.84 Community Health Spec 1 4,395.79 4,505.66 4,618.31 4,733.81 4,852.11 4,973.42 5,097.76 5,225.20 Public Health Nurse III 6,092.49 6,244.79 6,400.92 6,560.95 6,724.96 6,893.08 7,065.41 7,242.05 Public Health Nurse II 5,519.48 5,657.49 5,798.91 6,092.49 6,244.79 6,400.92 6,560.94 6,724.96 Public Health Nurse 1 5,125.40 5,253.55 5,384.88 5,519.48 5,657.49 5,798.91 5,943.88 6,092.48 Public Health Ed III 5,159.38 5,288.37 5,420.57 5,556.08 5,694.99 5,837.36 5,983.29 6,132.87 Public Health Ed II 5,256.65 5,388.09 5,522.77 5,802.37 5,947.42 6,096.11 6,248.51 6,404.73 Public Health Ed I 4,557.43 4,671.36 4,788.16 4,907.84 5,030.57 5,156.33 1 5,285.24 1 5,417.37 *Includes one-time market adjustments for the following: Community Health Specialist I—10%, Public Health Nurse 1-III—5%, and Public Health Educator I—5% Advancement from step to step occurs on annual anniversary date. Note: Figures are rounded and will vary slight y in MUNIS as MUNIS calculates out four 4 decimal laces. Effective 1/1/2024 Step 1 Step 2 1 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Community Health Spec III 5,862.15 6,008.71 6,158.96 6,312.90 6,470.71 6,632.49 6,798.30 6,968.26 Community Health Spec II 5,443.60 5,579.69 5,719.18 5,862.15 6,008.71 6,158.92 6,312.89 6,470.71 Community Health Spec 1 4,483.71 4,595.77 4,710.68 4,828.48 4,949.15 5,072.89 5,199.71 5,329.71 Public Health Nurse III 6,214.34 6,369.68 6,528.94 6,692.16 6,859.46 7,030.95 7,206.72 7,386.89 Public Health Nurse II 5,629.87 5,770.64 5,914.89 6,214.34 6,369.68 6,528.94 6,692.16 6,859.46 Public Health Nurse 1 5,227.91 5,358.63 5,492.58 5,629.87 5,770.64 5,914.89 6,062.76 6,214.33 Public Health Ed III 5,262.57 5,394.14 5,528.98 5,667.20 5,808.89 5,954.11 6,102.96 6,255.53 Public Health Ed II 5,361.78 5,495.85 5,633.22 5,918.42 6,066.36 6,218.03 6,373.48 6,532.82 Public Health Ed 1 4,648.57 1 4,764.79 4,883.93 5,005.99 5,131.18 5,259.46 5,390.94 5,525.72 2023-2026 Mason County and Teamsters 252-Community and Family Health s': Page 38 ATTACHMENT A — SALARY TABLE (Cont.) Advancement from step to step occurs on annual anniversary date. Note: Figures are rounded and will vary slightly in MUNIS as MUNIS calculates out four 4 decimal places. Effective 1/1/2025 Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Community Health Spec III 5,979.40 6,128.88 6,282.14 6,439.16 6,600.12 6,765.14 6,934.27 7,107.62 Community Health Spec II 5,552.47 5,691.28 5,833.57 5,979.40 6,128.88 6,282.10 6,439.15 6,600.13 Community Health Spec 1 4,573.38 4,687.69 4,804.89 4,925.05 5,048.14 5,174.35 5,303.71 5,436.30 Public Health Nurse III 6,338.63 6,497.08 6,659.51 6,826.01 6,996.65 7,171.57 7,350.85 7,534.63 Public Health Nurse II 5,742.47 5,886.06 6,033.18 6,338.63 6,497.08 6,659.51 6,826.00 6,996.65 Public Health Nurse 1 5,332.47 5,465.80 5,602.43 5,742.47 5,886.06 6,033.18 6,184.01 6,338.61 Public Health Ed III 5,367.82 5,502.02 5,639.56 5,780.55 5,925.06 6,073.19 6,225.02 6,380.64 Public Health Ed II 5,469.02 1 5,605.77 1 5,745.89 6,036.79 6,187.69 6,342.39 6,500.95 6,663.48 Public Health Ed 1 4,741.55 1 4,860.08 4,981.60 5,106.11 5,233.81 5,364.65 5,498.76 5,636.23 Advancement from step to step occurs on annual anniversary date. Note: Figures are rounded and will vary sliqhtv in MUNIS as MUNIS calculates out four 4 decimal paces. Effective 1/1/2026 Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Community Health Spec III 6,098.99 6,251.46 6,407.78 6,567.94 6,732.12 6,900.44 7,072.95 7,249.77 Community Health Spec II 5,663.52 5,805.11 5,950.24 6,098.99 6,251.46 6,407.74 6,567.93 6,732.13 Community Health Spec 1 4,664.85 4,781.44 4,900.99 5,023.55 5,149.10 5,277.84 5,409.78 5,545.03 Public Health Nurse III 6,465.40 6,627.02 6,792.70 6,962.53 7,136.58 7,315.00 7,497.87 7,685.32 Public Health Nurse II 5,857.32 6,003.78 6,153.85 6,465.40 6,627.02 6,792.70 6,962.52 7,136.59 Public Health Nurse 1 5,439.11 5,575.11 5,714.48 5,857.32 6,003.78 6,153.85 6,307.69 6,465.39 Public Health Ed III 5,475.18 5,612.06 5,752.35 5,896.16 6,043.57 6,194.65 6,349.52 6,508.26 Public Health Ed II 5,578.40 5,717.88 5,860.81 6,157.52 6,311.45 6,469.24 6,630.97 6,796.75 Public Health Ed 1 4,836.38 4,957.28 5,081.24 5,208.23 5,338.48 5,471.94 5,608.74 5,748.95 2023-2026 Mason County and Teamsters 252-Community and Family Health Page$$"�� a 39