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HomeMy WebLinkAbout2023-2026 Collective Bargaining Agreement for Public Defense Support Staff COLLECTIVE BARGAINING AGREEMENT By and Between MASON COUNTY And OFFICE OF PUBLIC DEFENSE SUPPORT STAFF 1854 And WOODWORKERS LOCAL LODGE W38, I.A.M MACH/NjsT`r'9 a Q� 0� t a� NI ,t Sb'���0 Effective upon signing through December 31 , 2026 Table of Contents PREAMBLE.............................................................................................3 ARTICLE I: RECOGNITION........................................................................ 3 ARTICLE II: RIGHTS OF MANAGEMENT......................................................4 ARTICLE III: GRIEVANCES........................................................................5 ARTICLE IV: NON-DISCRIMINATION............................................................7 ARTICLE V: HOURS OF WORK AND OVERTIME............................................7 ARTICLE VI: WAGES AND BENEFITS...........................................................8 ARTICLE VII: HOLIDAYS...........................................................................10 ARTICLE VIII: VACATION...........................................................................10 ARTICLE IX: SICK LEAVE, BEREAVEMENT LEAVE, FMLA...............................11 ARTICLE X: CIVIL LEAVE...........................................................................14 ARTICLE XI: LONGEVITY...........................................................................14 ARTICLE XII: SAVINGS CLAUSE..................................................................14 ARTICLE XIII: DURATION...........................................................................14 APPENDIXA............................................................................................16 2023-2026 Agreement-Mason County OPD Support Staff/Woodworkers Local Lodge W38, [AM Page 2 of 16 PREAMBLE This Agreement entered into by Mason County and the Mason County Office of Public Defense, hereinafter referred to as the "Employer" and Woodworkers Local Lodge W38, I.A.M., hereinafter referred to as the "Union," has as its purpose the promotion of harmonious relations between Mason County, the Employer and the Union, and the establishment of an equitable and peaceful procedure for the resolution of differences, in the public interest. ARTICLE I: RECOGNITION Section 1. The Employer recognizes the Union as the sole and exclusive bargaining agent for the purpose of negotiations concerning salaries, hours, and other conditions of employment for all full-time and regular part-time support staff in the Office of Public Defense, hereinafter referred to as"employee", "employees", except for Rule 9 interns and confidential employees. Section 2. 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 thirty (30) minutes during the employee's work hours to present information about the Union. The Union will explain that it is designated as the exclusive representative for all employees covered under this Collective Bargaining Agreement. The Union shall inform each new employee that membership in the Union is voluntary and only when an employee clearly and affirmatively consents to joining the Union may collect fees. In addition, the Union shall explain to the new employee the rights and the benefits the employee would forgo by being a non-member. C. The Union agrees to accept employees as members without discrimination as to race,color, creed, sex, sexual orientation, national origin or physical, sensory, or mental 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 151h day of the month to be recognized as effective for that month. The County will transmit to the duly designated officer of the Union the total amount so deducted together with the list of names of the employees from whose pay deductions were made. All refunds of such deductions which may be required to be made to any employee shall be made by the Union, and the Union shall settle all questions, and disputes between it and its members with reference to the deductions or refunds of the like without recourse to the County. E. The Employer will distribute one copy of this Agreement to each employee in the unit and to each newly hired employee of the unit. The cost of printing this Agreement shall be equally shared between the Department and the Union. F. The Union agrees to supply the Employer with lists of officers of the Union and representatives and to keep such lists current.The Employer will recognize the officers and representatives, or shop stewards. 2023-2026 Agreement-Mason County OPD Support Staff/Woodworkers Local Lodge W38, IAM Page 3 of 16 G. The signatory organization will indemnify, defend, and 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. ARTICLE II: RIGHTS OF MANAGEMENT Subject to the terms of this Agreement, it is understood and agreed that the County possesses the sole right to operate the Mason County Public Defense, whether heretofore or herein after exercised, and regardless of the frequency or infrequency of the exercise. It is expressly recognized that such rights include, but are not limited to the following: A. To determine the Mason County Public Defense mission, policies and set forth all standards of service offered to the public. B. To Plan, direct, control and determine the operations or services to be conducted by the employees. C. To utilize personnel, methods and means in the most appropriate and efficient manner possible. D. To manage and direct the employees of the Public Defense Office E. To hire, promote, transfer, train, evaluate performance and retain employees in positions of the Public Defense Office F. To establish work rules and rules of conduct G. To determine the size and composition of the work force and to lay off employees in the event of lack of work or funds. If a layoff is imminent due to a lack of funds or work, the parties shall meet to discuss efforts to preserve the bargaining unit workforce and develop potential alternatives to curtailment. H. Determine the methods, maintenance, equipment, training, number and kinds of personnel, the job, work, or position content required to accomplish governmental operations and maintain the efficiency and safety of those operations. I. Determine and change the number and locations and types of operations, processes, and materials to be used in carrying out all County functions. J. Control departmental budgets and financial policies, including accounting procedures. K. Take whatever actions are necessary in emergencies or exigent circumstances to ensure the proper function of the Public Defense Office. Exigent circumstances are declared by the Board of County Commissioners or designee in writing and are circumstances which, through no fault of the employer, result in a situation that impacts safety of efficient operation. L. The Union and the employer will work together to develop and implement a system of Case Load weighting or Case Load distribution that's beneficial to both parties. 2023-2026 Agreement-Mason County OPD Support Staff/Woodworkers Local Lodge W38, IAM Page 4 of 16 ARTICLE III: GRIEVANCES Section 1. The purpose of this grievance procedure is to promote harmony and efficiency between the employees and the Employer by providing for the timely settlement of grievances without fear of discrimination or reprisal. Section 2. The term "grievance" shall mean any dispute between the Employer and the Union, or an employee covered by this Agreement, concerning the interpretation, application, claim, or breach or violation of the terms of this Agreement and established personnel matters. Section 3. Employees will be unimpeded and free from restraint, interference, coercion, discrimination, or reprisal in seeking adjudication of their grievances. Section 4. Any time limits stipulated in the grievance procedure may be extended for stated periods of time by appropriate parties by mutual agreement in writing with copies to the Union and the Employer. Section 5. Failure of the Employer to comply with any time limitations of a procedure in this Article shall automatically permit the aggrieved employee to advance their grievance to the next step of these procedures. Section 6. A grievance of interest to several employees may be filed as a "group" grievance at Step 2 of the Grievance Procedure and be processed within the time limits set forth herein. Either the Union or the Employer may initiate a grievance. The Employer may not grieve the acts of individual Employees, but rather, only orchestrated acts or actions of authorized representatives believed to conflict with this Agreement. An Employer grievance will not be subject to Arbitration and may go to mediation. Section 7. Grievance Procedure Step 1. Within fourteen (14) calendar days of the incident, giving rise to the grievance or within fourteen (14) calendar days of the date the grievant knew or reasonably should have known of the incident-giving rise to the grievance, the employee and/or the shop steward or other representative of the Union shall discuss the grievance with the Supervisor. The Supervisor shall notify the employee of any decision on the grievance within fourteen (14) calendar days of the discussion with the employee. Step 2. If the grievance is directly related to Termination, Suspension or Wages and Benefits, then within fourteen (14) calendar days after receipt of the response or expiration of the time for response in Step 1, the employee and/or Union shall reduce to writing a statement of the grievance, which shall contain the following: (1) the facts upon which the grievance is based. (2) the Article(s) and/or Section(s) of the Agreement allegedly violated; and (3) the remedy sought. The written grievance shall be filed with the Human Resources Director, with a copy to the Supervisor. The Human Resources Director shall schedule a meeting with the Union Representative, affected employee(s) and the Supervisor (or designee) to hear and seek to resolve the grievance. Within fourteen (14) calendar days of the meeting, the Human 2023-2026 Agreement-Mason County OPD Support Staff/Woodworkers Local Lodge W38, IAM Page 5 of 16 Resources Director shall provide a written response to the Union Representative, employee(s) and the Supervisor. If the grievance is not resolved at Step 2, it may be advanced to arbitration by the Union. Section 8. Grievance Arbitration A. Should the Union choose to advance the grievance to arbitration, written notification of its intent to arbitrate shall be submitted to the Supervisor and Human Resources Director within fourteen (14) calendar days of receiving the written response in Step 2. Thereafter, the parties will attempt to agree on an arbitrator to hear the grievance. If the parties are unable to agree to an arbitrator, then a list of nine (9) names shall be jointly requested by the parties from the Public Employment Relations Commission (PERC) within thirty (30) calendar days of the date the Union filed its notice of intent to arbitrate with the County. B. If a list of 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. C. The Parties shall jointly submit a written referral to the arbitrator that will contain the following: 1) A stipulated agreement of the question or questions at issue. If unable to stipulate, parties shall frame their own question or questions and the arbitrator shall have authority to define the question as a first order of business at any subsequent hearing. 2) Statement of facts and position of each respective party, a copy of the grievance and related correspondence. The arbitration hearing shall be scheduled at a date, time, and location mutually acceptable to the parties. D. For any grievance arbitration proceeding held pursuant to this Article, it is understood as follows: 1) 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. 2) 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. 3) Each party may call witnesses. 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. 2023-2026 Agreement- Mason County OPD Support Staff/Woodworkers Local Lodge W38, IAM Page 6 of 16 4) 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. 5) 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. ARTICLE IV: NON-DISCRIMINATION Section 1. Neither the Employer, Union, nor any employee shall in any manner whatsoever discriminate against any employee on the basis of race, color, religion, creed, sex, marital status, national origin, age, or sensory, mental or physical handicaps; Except,that such factors may be considered in employment decisions where determined to be a bona fide occupational qualification under the guidelines promulgated by the Federal Equal Employment opportunity commission. Section 2. All references to gender in this Agreement are intended to refer equally to all gender pronouns. Section 3. No employee shall be discharged or discriminated against for engaging in lawful Union activities, fulfilling duties as an officer in the union, serving on a Union committee or member thereof, or exercising the employee's rights as a Union member, or for acting in compliance with the rules of professional conduct as mandated by the Washington State Supreme Court. ARTICLE V: HOURS OF WORK AND OVERTIME Section 1. The workweek shall normally consist of five (5) workdays within a seven (7) consecutive day period beginning Sunday at 12:00 am through Saturday 11:59 pm. The assignment of workdays and work schedules shall be determined by the Employer to meet business and customer service needs or in response to budgetary demands. Section 2. 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. Section 3. Employees may be allowed up to a one (1) hour unpaid lunch period as approved and scheduled by the Employer. Employees are entitled to take one (1) fifteen-minute break for every four (4) hours worked. Breaks should be arranged so that they do not interfere with County business or service to the public. Lunch periods and breaks shall not be combined, and they may not be used to shorten an employee's workday, unless agreed on by supervisor. Section 4. Any employee, or who works more than forty (40) hours in a workweek shall be compensated at the rate of one and one-half times their straight-time hourly rate for all such overtime hours worked. All overtime must be pre-approved by the Employer. Upon a request to work beyond the regular workday or workweek, by mutual agreement, the parties may agree upon an adjusted workweek for that specific workweek, for purposes of employee convenience and to avoid overtime. 2023-2026 Agreement-Mason County OPD Support Staff/Woodworkers Local Lodge W38, IAM Page 7 of 16 ARTICLE VI: WAGES AND BENEFITS Section 1. Effective upon signing, each employee shall also have their base wage as set forth in Appendix A and adjusted by an across the board (ATB) increase as set forth below: Upon Signing 2.00% 1/1/2024 2.00% 1/1/2025 2.00% 1/1/2026 2.00% Step increases shall occur on the employee's anniversary date. If an employee's performance is unsatisfactory, the Supervisor may defer a scheduled pay increase for the stipulated period or until the employee's job performance is satisfactory. The anniversary date is defined as the employee's actual date of appointment to their current job classification. The actual day of the pay increase shall be the 1st or 16th of the month, depending on the date of the anniversary day (e.g., if an employee's anniversary date is January 14, the pay increase will take effect January 1). Section 2. 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. This contribution is to be applied to premiums for PEBB medical and WCIF dental, vision and life or, with the provision of adequate notice to the County, applied to the premiums of such other carrier or carriers as designated by the Union. Eligible employees are those regular full-time and regular part-time employees compensated for eighty (80) man-hours (excludes vacation, sick and comp time upon separation) or more per month during the calendar year. A. Effective upon signing, the contribution shall be one thousand four hundred and sixty- six dollars ($1,466.00) 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 ($1,518.00) 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 eighteen dollars ($1,570.00) 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 ($1,622.00) per month during the term of this Agreement for each eligible employee for medical, dental, vision, and life insurance coverage. Section 3. The County and the Union mutually agree to comply with all Washington State Long Team Services Trust Act Laws, in accordance with RCW 5013.04. Section 4. The Employer shall provide an Employee Assistance Program (EAP) benefit for all bargaining unit employees. 2023-2026 Agreement- Mason County OPD Support Staff/Woodworkers Local Lodge W38, ]AM Page 8 of 16 Section 5. In the event either party is subject to carrier plan design change or a penalty, tax, fine or increased costs because of requirements or provisions of the ACA, not within their control, the parties agree to meet and negotiate regarding the impacts of any such cost or plan design impacts and immediately bargain alternative provisions. Section 6. The County and Union mutually agree to comply with Washington State Paid Family & Medical Leave laws, per RCW 50A.04, and future amendments with the law. Section 7. Eligible employees that possess bilingual fluency in a County-approved non-English language, and who use their bilingual skills in the performance of official duties, shall receive bilingual incentive pay as indicated herein: Bilingual Language Fluency $ 75.00 per month Bilingual Medical Certification $100.00 per month Bilingual Legal/Court Certification $125.00 per month Eligibility requirements: A. The County shall determine if bilingual pay shall be utilized, the language(s) bilingual is payable for and the number of employees eligible for bilingual pay. B. Bilingual language fluency eligible employees are those who have taken and passed a language fluency test from an accredited institution and/or employee who have self-identified bilingual fluency that has been demonstrated on the job. Bilingual Medical and Legal/Court certification eligible employees are those who have their bilingual skills tested and certified by an accredited institution. The County at its discretion may choose which certification(s) is a required and acceptable substitute, such as certification from other states. Section 8. When an employee possesses a higher education, additional compensation will be added to their base rate and shall be paid at the following rate: Associate's Degree 1.5% Baccalaureate Degree 3.0% Master's Degree 4.5% Section 9. 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. Section 10.Working 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 layoff. 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. B. Providing work coverage during an authorized sick leave. C. Provide work coverage for an authorized leave of absence; or D. provide work coverage for a current vacant position. 2023-2026 Agreement- Mason County OPD Support Staff/Woodworkers Local Lodge W38, ]AM Page 9 of 16 An employee who has been assigned to perform all of the significant duties of a higher level job classification and who performs such duties for five (5) or more consecutive days, due to the absence of the employee who normally holds that higher level position, shall be compensated using the step on the salary range of the higher job class that provides at least a five (5%) Percent increase over the current rate of base pay for the employee working out of classification. This section is not applicable to employees who are being trained to perform the work of the higher classification. ARTICLE VII: HOLIDAYS Section I. The following is a list of the annual recognized holidays for employees in the Supervisor's Office: New Year's Day Labor Da Martin Luther King Day Veterans' Da Presidents' Day Thanksgiving Da Memorial Day Friday after Thanksgiving Da Independence Day Christmas Eve Da Two 2 Floating Holidays Christmas Da Juneteenth Christmas Eve may be taken off based on the operational needs of the County and the prior approval of the Chief Public Defender, and if this cannot be accommodated, the employee will schedule an alternate day with their supervisor's approval within the month of December and should be scheduled no later than December 1 It of the current calendar year. Section 2. Where there is a conflict or difference between either a federal or state designated holiday, the parties may agree to honor either one but not both. Section 3. When a recognized holiday falls on Saturday, the Friday preceding it will be allowed; and when a recognized holiday falls on a Sunday, the Monday following will be allowed as a regular paid holiday. Section 4. Floating holidays may be taken at the discretion of the employee, provided the approval of the Employer is obtained and one week's advance notice is given. The one-week notice requirement may be waived by the Employer. Floating holidays not used by the end of the calendar year during which they accrued will be lost. ARTICLE Vill: VACATION LEAVE Section 1. Each regular full-time employee shall accrue paid vacation leave as follows: Years of Continuous Service Annual Accrual 1"through 31 year of employment 96 hours 4th through 71h 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 15th through 16th year of employment 184 hours 17th through 19th year of employment 192 hours 20 or more years of employment 200 hours 2023-2026 Agreement-Mason County OPD Support Staff/Woodworkers Local Lodge W38, IAM Page 10 of 16 Section 2. All new employees must satisfactorily complete six (6) months of service to be entitled to the accrual and use of vacation leave. Regular part-time employees will receive vacation on a pro-rata basis. Extra help employees are not eligible for any vacation benefits. Employees do not accrue vacation benefits during a leave without pay. Section. 3. Regular full-time employees must work, or be in a paid status, at least eighty (80) hours in a month to accrue vacation for the month. Regular part-time employees must work, or be in a paid status, at least in the same proportion to eighty (80) hours as their regular hours are to full-time employment to accrue vacation leave for that month. Section 4. The first day of the month of hire shall be the effective date of subsequent increases in the vacation accrual rate for employees hired between the first (1st) and the fifteenth (151h) of the month. The first day of the month following the month of hire shall be the effective date for subsequent increases in the vacation accrual rate for employees hired between the sixteenth and the last day of the month. Section 5. The Supervisor is responsible for scheduling its employees' vacations without undue disruption of department operations. Leave requests shall normally be submitted, in writing, at least two weeks prior to taking vacation leave. Section 6. The maximum vacation leave hours that may be accrued at any point in time is four hundred (400) hours. No additional vacation leave accrual will be added to the employee's vacation leave benefit when the maximum accrual of four hundred (400) hours has been attained. Section 7. Eligible employees will be paid for unused accrued vacation leave upon termination of employment with Mason County, provided that no employee may receive payment for more than four hundred (400) hours. ARTICLE IX: SICK LEAVE, BEREAVEMENT LEAVE AND FMLA Section 1. Per the Washington State Paid Sick Leave law, RCW 49.46, in accordance with WAC 296-130 and Initiative 1433. Regular full-time employees must work or be in a paid status at least eighty(80) hours in a month to accrue sick leave for the month. Sick leave shall accrue for all regular full-time employees at the rate of eight(8) hours per month for each month of employment. Regular part-time employees shall accrue sick leave on a pro-rated basis in proportion to the number of hours the part-time employee is in a paid status during the month as compared to that required for full-time employment. Sick leave cannot be taken before it is actually earned. Sick leave accrual may not exceed one thousand two hundred (1,200) hours. 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. Authorized uses of sick leave may be utilized for immediate family as defined below: "Immediate family" shall be defined as persons related by blood, marriage, or legal adoption in the degree of relationship of spouse, registered domestic partner, grandparent, parent (biological, adoptive, de facto, or foster parent, stepparent, or legal guardian of an employee or employee's 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, stepchild, or a child to whom the employee stands in loco parentis, is a legal guardian, or is a de facto parent, regardless of age or dependency), grandchild, in compliance with WAC 296-130-030 and RCW 49.12.270 (or subsequent statutes) and other persons with the approval of the Employer or designee. 2023-2026 Agreement-Mason County OPD Support Staff/Woodworkers Local Lodge W38, IAM Page 11 of 16 Section 2. A written certificate from an employee's medical provider may be required when the employee is absent for a period more than three (3) days or when a pattern of sick leave use indicates possible sick leave abuse. To the extent allowed by law, the County also may request the opinion of a second medical provider, at County expense, to determine whether the employee suffers from a condition which impairs their ability to perform the essential functions of the job. Section 3. Sick Leave Cash Out: Employees hired before January 1, 2011, shall receive payment for unused sick leave upon termination of employment with fifteen (15) years of continuous county service; or upon termination of employment with Mason County when the termination is contemporaneous with retirement 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, neither they nor their estate shall be eligible to receive any cash out of the employee's accrued sick leave upon separation from county service. Section 4. 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 an employee has no sick leave accumulated, or has exhausted all sick leave, vacation leave, or comp time, may be substituted. Section 5. Bereavement Leave: The County will provide regular, full-time, and full-time, employees with paid bereavement leave for up to three (3) days in the event of the death of an immediate family member. Two (2) additional days chargeable to accrued sick leave may be granted at the request of the employee. Immediate family for purposes of bereavement leave includes only the employee's spouse, parent, grandparent, child, grandchild, sister, brother, grandmother-in-law, grandfather-in-law, mother-in-law, father-in-law, sister-in-law, brother-in-law, son-in-law, daughter-in-law, aunt, uncle, nephew, or niece. 2023-2026 Agreement-Mason County OPD Support Staff/Woodworkers Local Lodge W38, IAM Page 12 of 16 Section 6. Family Leave: The County and the Union mutual agree to comply with all State and Federal Family Leave laws (FMLA, RCW 49.78), whichever is more advantageous to the employee Employer will grant leave consistent with the FMLA and the adopted conditions and provisions of the state and federal law and are not intended to expand upon the rights thus set forth If an employee has any questions regarding the State and Federal Family leave laws, they may contact the County's Human Resource Department for guidance. • For purposes of this Article, the definition of "immediate family" will be found in Section 1. Maternity Disability 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 or otherwise entitled under disability or sick leave paid status). 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. Employees must use their accrued sick leave and vacation, if any, during the leave period and, at their election, any accrued comp time. Once this paid leave is exhausted, the Employee's leave may be switched over to unpaid leave. Section 7. Military Leave: 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. In addition to benefits granted under USERRA, 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). Section 8. Leave Without Pay: Except in the case of Family Medical Leave Act related leave (and/or other protected leaves), an employee may be granted leave without pay with prior approval of the Supervisor or designee. Leaves of absence requests detailed in this section shall not be unreasonably denied. All leave is to be requested in writing as far in advance as possible. As appropriate for the type of leave requested, paid leave accruals will be utilized prior to unpaid leave, unless otherwise provided for in this Agreement, or utilization of Washington Paid Family Medical Leave. Leave does not accrue, nor may it be used until the first day of the following pay period in which it is earned (no "negative" leave use during the period in which it is earned). An employee on leave of absence may be affected by a layoff in the same manner as if the employee were working. Leave of absence without pay is not creditable towards seniority and seniority related benefits, except for periods of legally protected leave, such as FMLA, PFML or military leave. 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 the duration of employment and will be adjusted accordingly. General salary increases are not based upon the 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 2023-2026 Agreement-Mason County OPD Support Staff/Woodworkers Local Lodge W38, IAM Page 13 of 16 adjusted in the same amount as the duration of the leave without pay. In the unlikely event an employee was granted leave without pay during their probationary period, the probationary period would be extended for the same duration as the leave without pay. ARTICLE X: CIVIL LEAVE Section 1. Jury Duty: The County provides all employees leave for jury service. Regular full- time and part-time employees who have completed their probationary period receive paid jury duty leave each time they are called for jury service. Payment provided by the courts during periods of paid jury duty leave must be paid over to the County, excluding expense reimbursements, such as mileage. Employees must provide their supervisor with a copy of the jury duty summons as soon as possible after receiving it. Upon completion of jury duty, employees are required to provide their supervisor with proof of jury service. Employees who have been released by the court during their period of jury duty service may be required to report to work. An employee who is called to jury service for a matter which is discovered to be likely multiple- week litigation agrees to ask to be excused from such service based on hardship to the Employer. Section 2. Witness Duty: All employees summoned to testify in court are allowed time off for the period they serve as witnesses. Employees will be compensated for time spent testifying, payment provided by the courts during periods of paid witness duty must be paid over to the County, excluding expense reimbursements, such as mileage. In general, witness duty leave is paid unless the employee is a party in the case. ARTICLE XI: LONGEVITY Section 1. Employees shall receive longevity pay in addition to their base pay as set forth below: Beginning of 111h year of County Service 1.5% Beginning of 16th year of County Service 3.0% Beginning of 21It year of County Service 4.5% Beginning of 26th year of County Service 6.0% ARTICLE XII: SAVINGS CLAUSE Should any clause of this Agreement be found to be in violation of any law, all other provisions shall remain in full force and effect. If any provision in this Agreement is determined to be invalid, the parties shall meet to renegotiate the substance of the provision if demanded by either party. ARTICLE XIII: DURATION This Agreement shall be effective upon signing by both parties and shall remain in full force and effect through December 31, 2026, by mutual agreement superseding previous Agreements in term and effective date. Either party may commence negotiations of a successor agreement by filing a written notice to the other party pursuant to the provisions of Chapter 41.56 RCW. Any retroactive application of the provisions of this agreement shall apply only to those eligible employees under this bargaining unit who are actively employed by Mason County on the date of signing by both parties. 2023-2026 Agreement-Mason County OPD Support Staff/Woodworkers Local Lodge W38, IAM Page 14 of 16 IN WITNESS WHEREOF, the parties hereto have executed this Agreement this Day of 2023. BOARD OF COUNTY COMMISSIONERS WOODWORKERS LOCAL MASON COUNTY LODGE W38, I.A.M. Sharon Trask, Chair C4rry fBtickett, Business Agent Randy Neatherlin, Commissioner Brad McQuade, President )�L- WA > Ke in Shutty, Com Issioner 2023-2026 Agreement-Mason County OPD Support Staff/Woodworkers local Lodge W38, ]AM Page 16 of 15 APPENDIX A — Salary Table Note: Figures are rounded and will vary slightly in MUNIS because it calculates out four (4) decimal places. Note: Effective upon signing by both parties, the members of this bargaining unit will receive a step increase to Step 3, and their annual anniversary date for step increases will be modified to coincide with the date on which the contract is officially signed by both parties. Upon signing STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 2.00%ATB Admin.Assistant $4,280.80 $4,387.82 $4,495.67 $4,608.07 $4,720.64 $4,839.37 $4,959.26 $5,084.23 $5,211.34 $5,341.64 Legal Secretary $3,882.20 $3,979.26 $4,075.88 $4,177.78 $4,280.80 $4,387.02 $4,496.94 $4,609.42 $4,724.66 $4,842.78 Eff.11112024 STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 2.00%ATB Admin Assistant $4,366.41 $4,475.57 $4,585.58 $4,700.24 $4,815.05 $4,936.16 $5,058.45 $5,185.92 $5,315.57 $5,448.47 Legal Secretary $3,959.85 $4,058.85 $4,157.40 $4,261.33 $4,366.41 $4,474.76 $4,586.87 $4,701.61 $4,819.15 $4,939.63 Eff.11112025 STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 2.00%ATB Admin Assistant $4,453.74 $4,565.08 $4,677.30 $4,794.24 $4,911.36 $5,034.88 $5,159.61 $5,289.63 $5,421.88 $5,557.44 Legal Secretary $4,039.04 $4,140.03 $4,240.54 $4,346.56 $4,453.74 $4,564.26 $4,678.61 $4,795.64 $4,915.54 $5,038.42 Eff.11112026 STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 2.00%ATB Admin Assistant $4,542.82 $4,656.39 $4,770.84 $4,890.13 $5,009.58 $5,135.58 $5,262.81 $5,395.43 $5,530.32 $5,668.59 Legal Secretary $4,119.82 $4,222.83 $4,325.36 $4,433.49 $4,542.82 $4,655.54 $4,772.18 $4,891.55 $5,013.85 $5,139.19 2023-2026 Agreement- Mason County OPD Support Staff/Woodworkers Local Lodge W38, IAM Page 16 of 16