HomeMy WebLinkAboutCollective Bargaining AgreementR I I Al
COLLECTIVE BARGAINING AGREEMENT
Between the
KIITITAS COUNTY
BOARD OF COUNTY COMMISSIONERS
And
KIITITAS COUNTY PRESIDING JUDGES FOR SUPERIOR COURT,
LOWER DISTRICT COURT, AND UPPER DISTRICT COURT
And
TEAMSTERS UNION LOCAL NO. 760
Affiliated with the International Brotherhood of Teamsters
Representing Misdemeanant Probation &
Juvenile Court Services Employees
January 1, 2016-December 31, 2018
TABLE OF CONTENTS
ARTICLE 1 -PREAMBLE AND PURPOSE OF A GREEMENT ............................................................................ 1
ARTTCLE 2 · RECO GNI TI ON ......................................................................................................................... 1
ARTICLE 3 -UNION SECURITY AND DUES CHECK-OFF ................................................................................ 1
ARTICLE 4 -MANAGEMENT RIGHTS .......................................................................................................... 2
ARTICLE 5 -UNION RIGHTS ....................................................................................................................... 3
ARTICLE 6 -EMPLOYEE RIGHTS ................................................................................................................. 3
ARTICLE 7 -DEFINITIONS OF EMPLOyEES .................................................................................................. 3
ARTICLE 8 -SENIORITy •••••••••••••••••.•••••..••••••.•••.••••••••••••••.••.••••••••••.••••••••..•••.••.•.•.••.....••••••••••..••••••••••••.....•••. 4
ARTICLE 9 -LA YOFF AND RECALL .............................................................................................................. 5
ARTICLE 10 -ANNUAL LEAVE .................................................................................................................... 5
ARTICLE 11 -HOLIDA YS ............................................................................................................................. 6
ARTICLE 12 -HOURS OF WORK OVERTIME .............................................................................................. 7
ARTICLE 13 -BEREAVEMENT LEAVE .......................................................................................................... 8
ARTICLE 14 -SICK LEAVE ........................................................................................................................... 8
ARTICLE 15 -MILITARY LEAVE ................................................................................................................. 10
ARTICLE 16 -COMPENSATION FOR WITNESS OR JURY DUTY .................................................................. 10
ARTICLE 17 -LEAVE OF ABSENCE ............................................................................................................ 11
ARTICLE 18 -DISCIPLINE AND DISCIPLINARY PROCEDURES ..................................................................... 11
ARTICLE 19 -GRIEVANCE PROCEDURE .................................................................................................... 13
ARTICLE 20 -WAIVER OF PORTION OF AGREEMENT ............................................................................... 16
ARTICLE 21 _ SAVINGS CLAUSE ................................................................................................................ 17
ARTICLE 22 -STRIKES AND LOCKOUTS .................................................................................................... 17
ARTICLE 23· HEALTH & WELFARE ........................................................................................................... 17
ARTICLE 24 -SALARIES CLASSIFICATIONS WAGE RATES OTHER PROVISIONS ....................................... 19
ARTICLE 25 -PA Y ARRANGEMENTS ........................................................................................................ 19
ARTICLE 26 -RETIREMENT CONTRIBUTION INDUSTRIAL ACCIDENT INSURANCE-OASI .......................... 19
ARTICLE 27 -LIABILITY INSURANCE ...................................................................................................... : .. 19
ARTICLE 28 -UNION ACTIVITY ................................................................................................................ 20
ARTICLE 29 -MISCELLANEOUS PROViSiONS ............................................................................................ 20
ARTICLE 30· PERSONNEL FILES ............................................................................................................... 20
ARTICLE 31-NEGOTIATIONS AND TERM OF AGREEMENT ...................................................................... 22
APPENDIX "A " ••.••..••••••••.••••••••••••••••••••.••••••••••••••.••••••.••••••..•...••..•••••••••••••••..•..••••••.••••••••••.•.•..•••••••••••..•..•. 24
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ARTICLE 1-PREAMBLE AND PURPOSE OF AGREEMENT
1.1 This Agreement is entered into by and between the Board of Kittitas
County Commissioners for Kittitas County, Washington, which is hereinafter
referred to as the "Employer", and Teamsters Union Local No. 760, hereinafter
referred to as the "Union" on behalf of the employees. The purpose of this
Agreement is to comply with all applicable statutory provisions and to increase
the general efficiency of the Misdemeanant Probation Department and to
maintain harmonious relations between the County and the Union.
1.2 As part of the purpose of the Agreement, the parties agree to the
inclusion of the subjects of wages, hours, working conditions and other
provisions.
ARTICLE 2 -RECOGNITION
2.1 The Employer recognizes the Union as the sole and exclusive collective
bargaining representative of all regular full-time and regular part-time employees
of Kittitas County Misdemeanant Probation and Juvenile Court Services, excluding
the Juvenile Court Services Director, Chief Probation Officer, Diversion
Coordinator and the Office Clerical employees.
2.2 Teamsters Union Local No. 760 recognizes the Board of County
Commissioners and the Presiding Judges for Superior Court, Lower District Court,
and Upper District Court, or their designees, as representing the Employer.
ARTICLE 3 -UNION SECURITY AND DUES CHECK-OFF
3.1 All employees who, as of the date of execution of this Agreement, have
signed or who, after the date of execution of this Agreement, sign a dues check-
off authorization shall be obligated as a condition of employment to continue to
pay regular dues each month to the Union through the check off procedure for
the duration of the Collective Bargaining Agreement. It shall be a condition of
employment that employees covered by this Agreement shall, on the thirtieth
(30th) calendar day following the beginning of such employment become and
remain members in good standing in the Union for the duration of the Collective
Bargaining Agreement.
3.2 Upon written proof of bona fide religious tenets, pursuant to RCW
41.56.122, an employee may choose to pay an amount of money equivalent to
regular union dues and initiation fee to a non-religious charity or to another
charitable organization in accordance with the provisions of RCW 41.56.122. If
such employee pursuant to this section requests the Union to use the Grievance
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and Arbitration Procedure on the employee's behalf, the Union is authorized to
charge the employee for the reasonable cost of using such procedure.
3.3 In the event an employee fails to apply for or maintain membership in the
Union as required in Section 3.1 or 3.2 of this Agreement, the Union may give the
Employer notice of this fact and upon request of the Union within fourteen (14)
calendar days following receipt of such notice, the service of such employee shall
be terminated by the Employer.
3.4 When the Employer hires a new employee, the Employer shall, within
thirty (30) calendar days of the date of employment, notify the Union in writing
giving the name, Social Security number, hire date, address and classification of
the hired employee. The Union agrees to defend and hold the Employer harmless
from and against any and all claims, demands, lawsuits, orders or judgments
arising from the administration and effects ofthis Section.
3.5 When provided with a "voluntary check off" authorization in the form
furnished by the Union and signed by the employee, the Employer agrees to
deduct from that employee's pay the Union's applicable dues and/or service fees,
as prescribed in the "voluntary check off" form. The full amount of money so
deducted from the employee shall be promptly forwarded to the Union by check
along with an alphabetized list showing names and amounts deducted from each
employee. The Union agrees to defend and hold the Employer harmless from and
against any and all claims, demands, lawsuits, orders or judgments arising from
the administration and effects of this Section.
ARTICLE 4 -MANAGEMENT RIGHTS
4.1 The Union recognizes the prerogative of the Employer to operate and
manage the affairs of Misdemeanant Probation and Juvenile Court Services in
accordance with the responsibilities of said Department, lawful powers and legal
authority.
4.2 Except as otherwise provided in this Agreement, the affairs/prerogatives
of the Employer shall include but not be limited to the following: (A) the right to
establish lawful working rules and procedures; (8) the right to schedule work and
overtime work, and the methods and processes by which said work is to be
performed consistent with the Employer's obligations to the public; (C) the right
to hire, transfer, suspend, discharge, layoff, recall, promote, or discipline
employees as deemed necessary by the Employer; (D) the right to determine the
size and composition of the work force and to assign employees to work locations
and shifts; (E) the right to determine what duties shall be performed by various
personnel; (F) the parties understand that incidental duties connected with
operations, not enumerated in job descriptions, shall nevertheless be performed
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by the employees when requested by the Employer. The foregoing Employer
prerogatives shall not be deemed to be exclusive of other Employer prerogatives,
which are not specifically referenced hereinabove.
4.3 Past Practices: If the Employer chooses to change past practice, the
Employer shall provide thirty (30) calendar days notification, except in the event
of an emergency (in which case practical notice is advised), to the Union and shall
provide the Union with an opportunity to negotiate the Employer's proposed
change to past practice. The notification and opportunity to negotiate shall not
impede or affect the Employer's right to change past practice. Should the parties
not reach agreement the Union recognizes the right of the Employer to change
past practice without further negotiation.
ARTICLE 5 -UNION RIGHTS
5.1 The Union does not waive its rights under applicable State or Federal law
except as those rights are waived, affected or set forth within the terms and
conditions of the Collective Bargaining Agreement.
5.2 While the Employer may establish work rules, the Union reserves the right
to grieve the reasonableness of such rules.
ARTICLE 6 -EMPLOYEE RIGHTS
6.1 Every employee covered by this agreement shall have access to the rights
and benefits recorded in Kittitas County's Personnel Policies Manual, as
maintained and updated by the Board of County Commissioners. Where
language is in conflict between the two documents, this agreement will take
precedence.
ARTICLE 7 -DEFINITIONS OF EMPLOYEES
7.1 Regular Full-time Employees: An employee who is regularly scheduled or
compensated a minimum of forty (40) hours per week.
7.2 Regu l ar Part-time Emp lovee : An employee who is regularly scheduled or
compensated for less than forty (40) hours per week. A part-time employee
working twenty (20) or more hours per work week shall be entitled to pro-rated
insurance benefits, sick leave, vacation, and paid holidays. The calculation for
pro-ration shall be based upon the number of hours worked per week divided by
the number of hours in a full working week for the position.
7.3 Probationary Employee: A newly hired employee who has not completed
twelve (12) calendar months of service with the Employer since the first day of
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employment. Probationary employees shall work under the provisions of this
Agreement but shall be only on a trial basis, during which period said employee
may be discharged without any recourse.
7.3.1 If a probationary employee fails to attend or satisfactorily
complete the required State Academy for the position held within six (6)
months of employment, said employee shall be terminated without any
recourse. If the State Academy is not offered within the employee's first six
(6) months of employment, the employee may have an additional six (6)
months in which to attend and successfully pass. The employee must attend
the course when offered or be subject to termination without recourse.
ARTICLE 8 -SENIORITY
8.1 "Seniority", as used in this Agreement, is determined by the length of an
employee's continuous service within the bargaining unit since the employee's
last date of hire.
8.2 The Employer will provide the Union with copies of the seniority list upon
request to the Human Resource Department. The Employer will have up to two
(2) workdays to process the request.
8.3 An employee shall lose all seniority, forfeit rights and the Employer shall
have no obligation to rehire said employee under the following conditions:
A. The employee voluntarily leaves the service of the Employer in this
bargaining unit; or,
B. The employee is discharged for just cause; or,
C. The employee is discharged during the probationary period; or,
D. The employee is laid off for a period in excess of twelve (12)
consecutive calendar months.
8.4 Seniority will operate by department, then by classification, as follows :
Misdemeanant Probation Juvenile Court Services
A. SR Misdemeanant Probation Officer A. Juvenile Probation Counselor
B. Misdemeanant Probation Officer B. Field & Custody Counselor
C. SR Case Manager
D. Case Manager
8.5 Employees may carryover their seniority from one classification to
another classification, provided, however, when said seniority is transferred it
applies for all purposes with the exception of a layoff wherein only the
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employee's seniority gained within the particular classification affected will be
used for layoff purposes.
8.6 An employee who is promoted within the bargaining unit shall be
considered probationary at that position for a period not to exceed six (6)
consecutive calendar months from the date such promotion occurs. If the
promoted employee declines the job or the Employer deems the employee to be
unsuited for the job, within six (6) consecutive calendar months, the employee
shall revert to their former position without prejudice.
8.7 If a new or vacant position is to be filled, seniority shall be the determining
factor provided the applicants are otherwise qualified based upon training,
experience, performance and ability as determined by the Employer.
ARTICLE 9 -LAYOFF AND RECALL
9.1 In the event of a layoff or reduction in personnel by the Employer,
employees will be laid off by classification in reverse order of their seniority
provided that the remaining employees have the ability to perform the work in a
satisfactory manner as determined by the Employer. In the event of a post-layoff
vacancy in the department, an employee who has been laid off will have the first
opportunity to fill said vacancy or vacancies by the order of their seniority in the
appropriate classification. Notification of eligibility shall be by certified mail to
the employee's last known address within twelve (12) months following the layoff
or reduction in personnel.
ARTICLE 10 -ANNUAL LEAVE
10.1 All regular employees shall accrue and be granted the following vacation
accumulation hereinafter referred to as annual leave, according to the following
schedule:
6 months through 1 year
2 years through 7 years
8 years through 15 years
16+ years
3.5 ho'urs per month
10 hours per month
13 hours per month
17 hours per month
10.2 Regular part-time eligible employee's annual leave shall be on a pro rata
basis, based upon the employee's assigned hours.
10.3 During the first six (6) months of employment, no employee shall be
allowed annual leave, nor shall leave be accrued.
10.4 Annual leave shall be applied in one-fourth (1/4) hour increments .
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10.5 For employees hired after January 1, 2013, accrued annual leave shall only
be paid out upon layoff, voluntary resignation, or death if the employee has
completed twenty-four (24) consecutive months of employment. For employees
hired prior to this date, accrued annual leave shall be paid to all regular
employees who are laid off or who voluntarily leave the service of the Employer
subject to the provisions of Section 10.6 below. In the event of death all unused
accrued annual leave will be paid to the employee's estate. However, if Kittitas
County, in its sole discretion, terminates employment for just cause, forfeiture of
unused accrued annual leave will occur.
10.6 No employee shall carryover more than two-hundred forty (240) hours
accumulated annual leave as of December 31st of any given year. Employees
with a total of two-hundred forty (240) hours accumulated vacation may continue
to accumulate days earned during a current calendar year provided that those
additional vacation days are used within that year. If said accumulated vacation
days in excess of two-hundred forty (240) hours are not used by December 31st
of any given year, then said days shall lapse. Any employee who terminates or
retires will receive no more than two hundred forty (240) hours annual leave paid
at the time of termination or retirement.
ARTICLE 11-HOLIDAYS
11.1 The following legal paid holidays shall be recognized:
New Year's Day
Martin Luther King Jr. Day
President's Day
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Day After Thanksgiving
Christmas Day
One Floating Holiday
11.2 Should State law be amended to mandate any additional holidays for
employees covered by this Collective Bargaining Agreement, then Section 11.1
will be amended accordingly.
11.3 Whenever a legal holiday falls on Saturday, the proceeding Friday shall be
observed as the holiday and whenever such holiday falls on Sunday, the following
Monday shall be observed as the holiday.
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11.4 If December 24th falls on a regular working day, the Courthouse shall be
closed one-half (1/2) day commencing at noon. If the Courthouse is closed on
December 24th, either because it falls on a weekend or because Christmas falls
on a Saturday, then and in that event, there will be no half (1/2) day closure on
any other date.
ARTICLE 12 -HOURS OF WORK -OVERTIME
12. 1 The work day shall consist of eight (8) hours of work in a five (5) day
workweek or ten (10) hours of work in a four (4) day workweek, including rest
periods, unless an alternate schedule has been agreed to in writing by both
Employee and Employer.
12.2 There shall be twelve (12) pay periods for each calendar year.
12.3 Each full workday shall include a minimum thirty (30) minute unpaid meal
period as near the middle of the workday as practical. Rest breaks shall consist of
two (2) fifteen (15) minute paid periods, one (1) during the first half of the shift,
the second during the second half of the shift.
12.4 The normal workweek will be Sunday through Saturday, unless otherwise
agreed to in writing by both Employee and Employer.
12.5 Overtime: All hours in excess of forty (40) in a seven (7) day period shall
be paid at one and one-half (1 ~) times the employees regular time rate of pay.
Annual leave, sick leave, bereavement leave, and holidays will be considered time
worked and will factor into the forty (40) hours used to calculate overtime. There
will be no pyramiding of overtime.
12.5.1 By agreement of the Department . Head/Elected Official, the
employee may elect to receive such overtime on the basis of time and one-
half (1-1/2) compensatory time off. No employee may earn more than
sixteen (16) hours of compensatory time off during each year of this
Agreement. All compensatory time will be used or cashed out by November
30 of each year of this Agreement. No compensatory time may be
accumulated in the month of December. Once the sixteen (16) hours of
compensatory time is used it cannot be replenished during the calendar year.
12.5.2 All overtime shall be paid for in increments of fifteen (15) minutes
with the major portion of fifteen (15) minutes being paid as fifteen (15)
minutes.
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12.6 When an employee drives, travel time to and from any Employer required
authorized and assigned school or training shall be considered hours worked in
accordance with the Fair Labor Standards Act.
12.7 Juvenile Employees: An employee assigned to on-call duty will be paid
$.50 per hour for each hour on-call, not to exceed 128 hours per week unless
mutually agreed in advance by the Employee and Employer. The 128-hour
threshold is based on the number of hours in a week (168) less the number of
regular work hours in a week (40). It is the intent and right of management to
reassign on-call status if it is in the best interest of the Employer. Both parties
agree that on-call hours are not considered hours worked for the purpose of
computing overtime.
ARTICLE 13 -BEREAVEMENT LEAVE
13.1 Bereavement Leave: An employee shall be allowed up to three (3)
working days of absence with full pay when arranging for or attending the funeral
of a member of their immediate family. Immediate family shall be defined as
spouse, child, stepchild, parent, brother, sister, grandparent or grandchild of the
employee or of his spouse or a more distant relative if living in the same
household.
13.2 Two (2) additional days, up to five (5) days total, may be granted in the
event the death/funeral occurs out of state.
ARTICLE 14 -SICK LEAVE
14.1 Sick Leave Accrual: Employees shall be awarded eight (8) hours of sick
leave for each month of employment, and may accumulate up to one thousand
one hundred twenty (1,120).
14.2 Less than full time eligible employees shall accumulate sick leave on a pro
rata basis, based upon the employee's assigned hours.
14.3 A deduction, hour for hour of scheduled work, from accrued sick leave
shall be made for each absence due to illness, injury, medical treatment, or to
care for an employee's child, spouse, parent, parent-in-law, or grandparent of the
employee who has a serious health condition or an emergency condition, as
allowed by RCW 49.12.270. Should an eligible employee use less than one (1) full
working day of sick leave, such sick leave will be deducted on an hour for hour
basis, in quarter hour increments.
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14.4 Whenever an employee is on vacation or annual leave and becomes sick
or disabled so as to prevent his employment if required to work, he may charge
such absence to his accumulated sick leave account by satisfactory notice at the
time of sickness or disability to the Employer. The scheduled time off shall be
deferred to a later date.
14.5 The Employer may require a doctor's certificate upon said employee's
return to work if:
1} The employee is absent from work three (3) consecutive days or more;
or,
2} The employer has observed a pattern of use that may indicate misuse
of leave
14.6 Any employee found to have abused the provisions of sick leave privilege
by falsification or misrepresentation may be subject to disciplinary action.
14.7 Insurance Continuation By Employee: An employee who is absent from
work shall be responsible for payment of the Employer and the employee's
portion of the premium for health care insurance programs during months in
which the employee has no compensation owing (i.e. for work performed or
through use of accumulated sick, vacation, or other paid leave), with the
exception of FMLA-qualified leave without pay (see 14.9). This provision is
conditioned by any restrictions, limitations, or prohibitions by the insurance
carriers or the Washington Counties' Insurance Fund's procedures and guidelines,
then no such opportunity or benefit will be provided. Should the Employer be
required to terminate coverage, the employee will be offered COBRA.
14.8 Leave Sharin g: Employees may share leave with other County employees
as provided by the -Kittitas County Shared Leave Policy.
14.9 Family M edica l Leave Act (F M LA): Under the terms of the Family Medical
Leave Act, employees may request leave without pay under the following
conditions:
1. For the birth of a son or daughter, and to care for the newborn child;
2. For placement with the employee a son or daughter for adoption or
foster care;
3. To care for the employee's spouse, son, daughter or parent with a
serious health condition; and,
4. Because of a serious health condition that makes the employee unable
to perform the functions of the employee's job.
14.9.1 Consistent with FMLA and adopted regulations, eligible employees
are entitled to request leave without pay for up to twelve (12) work weeks
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within a twelve (12) month period. The twelve (12) month period is a rolling
12-month period measured backward from the date taken and continuous
with each additional leave day taken.
14.9.2 This policy shall be consistent with the FMLA and adopted
regulations, and is not intended to expand upon the rights set forth in said Act
or regulations. The Employer will require employees to first use and exhaust
all paid leave available to the employee as part of any family medical leave.
The employee is required to request, in writing, family medical leave on forms
provided by the County, which include a physician's verification . The County
will continue to provide the Health & Welfare contribution consistent with
Article 25 during leave covered by the FMLA.
14.10 Employee Carrie Panattoni shall retain sick leave cash out consistent with
the Kittitas County Personnel Policies Manual. This provision shall only apply to
Carrie Panattoni during her employment in the Department.
ARTICLE 15 -MILITARY LEAVE
15.1 Every employee covered by this agreement who is a member of the
Washington ' National Guard or of the Army, Navy, Air Force, Coast Guard, or
Marine Corps Reserve of the United States, or of any organized reserve or armed
forces of the United States shall be entitled to, and shall be granted, military leave
of absence from employment for a period not exceeding twenty-one (21) days
during each year beginning October pt and ending the following September 30 th .
Such leave shall be granted in order that the person may report for active duty,
when called, or take part in active training duty in such manner and at such time
as he or she may be ordered to active duty or active training duty. Such military
leave of absence shall be in addition to any vacation or sick leave to which the
employee might otherwise be entitled, and shall not involve any loss of efficiency
rating, privileges, or pay . During the period of military leave, the employee shall
receive from the Employer the employee's regular rate of pay for their
permanent classification . When orders are issued, a copy will be provided to the
supervisor prior to leave being taken.
ARTICLE 16 -COMPENSATION FOR WITNESS OR JURY DUTY
16.1 An employee shall continue to receive his regular salary for periods of
required service as a juror or witness for a work related case . An employee shall
not receive any salary for periods of service as a witness in a civil case or a
criminal case in which they are a defendant. The Employer shall pay the
difference between the scheduled fees and the employee's hourly wage. The
employee shall not be required on his own time to apply for such fees. Absence
for witness or jury duty shall be separate from sick leave or annual leave, unless
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the employee becomes ill or injured and cannot report for witness or jury duty.
The Employee will be expected to report for work when less than a normal
workday is required by such duties.
ARTICLE 17 -LEAVE OF ABSENCE
17.1 The Employer may authorize up to ninety (90) working days unpaid leave
of absence per calendar year to an employee for purposes of family business,
hardship, or other employee needs. Such leave shall not be in addition to any
state or federal Family and Medical Leave . The granting of said leave shall be at
the sole discretion of the Employer. Accrued available sick leave and vacation
leave, if applicable, shall be used before any leave of absence without pay can be
authorized. Authorized leave of absence without pay shall not interrupt prior or
continuous employment; however, the employee shall not be credited with
earned annual leave, sick leave, or any other benefits during the period of
authorized unpaid leave of absence. For leave without pay absences greater than
or equal to 80 hours (for full-time, 40-hour employees) in anyone pay period,
leave accruals will not accumulate and the anniversary month will be adjusted
accordingly.
17.2 Subject to the terms, conditions, and limitations of the applicable plans,
health insurance premiums will not be paid by Kittitas County during the course
of a non-FMLA unpaid leave of absence. Premium benefits paid by Kittitas County
will be prorated to the percentage of hours actually worked. The employee will
be responsible for the difference between the county-paid prorated cost and the
full premium amount. If the employee does not meet the minimum hours to be
eligible for benefits, the employee will be offered COBRA. Following the first full
month of return to work, benefits will again be provided by Kittitas County
according to the applicable plans.
ARTICLE 18 -DISCIPLINE AND DISCIPLINARY PROCEDURES
18.1 The Employer may discipline an employee only for just cause. Discipline
shall be carried out in a manner which is least likely to embarrass the employee
before other employees or the public.
18.2 Disciplinary action or measures shall include the following:
A. Verbal Reprimand
B. Written Reprimand
C. Disciplinary Probation
D. Suspension without Pay
E. Demotion
F. Discharge
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18.3 The parties agree that progressive and escalating levels of discipline are
preferable to allow an employee proper notice of misconduct and the
opportunity to improve performance and to allow the Employer to document
prior disciplinary matters. The level or degree of discipline imposed shall be
appropriately based on an employee's prior record of service, length of service,
severity of offense and prior record of discipline inclusive of field notes
referencing oral warnings relating to misconduct. The order in which these
criteria appear is not indicative of their priority. An employee may be suspended
without pay when said employee has first received one (1) written reprimand
relating to said employee's previous work or conduct. An employee may be
discharged when said employee has first received a suspension relating to said
employee's previous work or conduct. All previous disciplinary actions in an
employee's file may be evaluated and considered in a disciplinary action. The
following illustrates the disciplinary actions and options available to the Employer
under this concept:
A. First offense ... verbal reprimand, written reprimand
B. Second offense ... written reprimand, suspension without pay
C. Third offense ... written reprimand, suspension without pay,
demotion, discharge.
18.4 Notwithstanding subsection 18.3 above, the Employer may immediately
suspend without payor discharge an employee for a serious event which
constitutes just cause for discipline inclusive of such events as are deemed to be
just cause by the Kittitas County Personnel Policies Manual as set forth by the
Board of County Commissioners or as amended.
18.5 Complaints which could result in discipline shall be brought to the
attention of the employee within fifteen (15) calendar days after the supervisor
. learns of the complaint. The Employer shall have thirty (30) days following notice
to the employee to make a decision regarding discipline. This time limit may be
extended due to unexpected caseload, vacation conflicts, emergency or other
necessary reason. Notice to the Union setting forth the reasons for extension
shall be provided by the Employer. In cases involving internal investigations or
criminal conduct where disclosure could affect the investigation, the timelines set
forth above shall not apply. .
18.6 Any employee who is under investigation for disciplinary action which may
result in a permanent notation in the employee's personnel file or which may
result in suspension without pay, demotion or discharge, shall before being
required to respond or answer questions pertaining thereto, be informed of the
existence and nature of the investigation.
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18.7 The provisions of this Article shall not apply to newly hired employees
serving a probationary period. Probationary employees shall work under the
provisions of this Agreement, but shall be only on a trial basis, during which
period they may be discharged without any recourse. Probationary employees
shall have access to the grievance procedure for any non disciplinary matters.
18.8 Unless circumstances exist which warrant immediate suspension or
discharge, the employee shall before the disciplinary action is finalized, have the
opportunity to discuss the matter with his/her immediate supervisor, and be
informed of the nature of the charges, and the facts supporting them. The
employee shall be given an opportunity to respond to the charges, including a
reasonable time (not to exceed ten (10) calendar days) to consult a Union
representative.
ARTICLE 19 -GRIEVANCE PROCEDURE
19.1 The parties hereto recognize the need for fairness and justice in the
adjudication of employee grievances and enter into this Agreement in a
cooperative spirit to adjust such actions promptly and fairly. If, however, a
grievance cannot be resolved through informal means, the grievance will be
settled as hereinafter provided.
19.2 A grievance is defined as a dispute involving the interpretation, application
or alleged violation of any provision of this Agreement between the Employer and
the Union.
19.3 Any party who believes that they have a grievance arising out of the terms
of this Agreement may personally, or through a representative, apply for relief
under the provisions of this Article.
19.4 The parties agree that the time limitations provided are essential to the
prompt and orderly resolution of any grievance, and that each will abide by the
time limitations, unless waived or extended by mutual agreement of the parties
to the grievance.
19.5 If any party fails to file a grievance, other than for disciplinary actions,
within thirty (30) calendar days of its occurrence, then said grievance shall be
forever waived and shall be null and void. If a matter involves disciplinary action
then any party must file a grievance within ten (10) calendar days from the date
of such disciplinary action otherwise said appeal or grievance is forever waived
and shall be null and void. Failure to pursue a grievance to the next step renders
final and conclusive the last determination and response.
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19.6 A grievance may be verbally presented by the aggrieved employee to the
employee's immediate supervisor. The employee shall have the option of being
accompanied by his Union representative, or a representative of his own
choosing if he feels that it is necessary. The immediate supervisor shall respond
within three (3) working days. If the matter is not satisfactorily resolved, then the
grievant may initiate a formal grievance in accordance with the provisions
hereinabove and the following procedure, which in any case, shall be done within
ten (10) calendar days of the date of disciplinary action or within thirty (30)
calendar days from the date of another type of occurrence.
19.7 Should the Union or the Employer have a concern which could result in a
grievance, either party may choose to bring up the matter within thirty (30)
calendar days of the concern giving rise to the potential grievance or said
grievance shall be forever waived and null and void. The aggrieved party shall first
discuss the matter with the other party to provide an opportunity for clarification
and/or appropriate adjustment, consistent with the terms of this Agreement.
Should the matter not be resolved informally, the moving party may elect to take
the matter to formal grievance.
19.8 The formal grievance procedure shall be as follows :
Step 1: If the grievance involves occurrences other than disciplinary actions, the
grievance shall be presented in written form to the Probation Services Director
within twenty (20) working days from its occurrence. In the event the matter
relates to disciplinary action, then the grievance shall be presented in written
form to the Director within ten (10) working days from the disciplinary action.
The Director and/or designee shall meet with the employee and their Union
Representative and attempt to settle the matter. The Director shall respond in
writing within ten (10) working days of said meeting, or the receipt of the
grievance, whichever is later.
Step 2: If the grievance is not resolved to the satisfaction of the concerned
parties at Step I, the following will occur:
A. For issues that involve wages and/or benefits: Within ten (10) working
days of the response in Step 1 above, the grievance, in written form,
shall be presented to the Board of County Commissioners with a copy
to Human Resources and the Presiding Judge. The parties shall
arrange a meeting between the aggrieved employee and the Union
Representative, and the Board and County representatives within ten
(10) working days for resolution of the issue. The Board of County
Commissioners ~hall issue their written decision within ten (10)
working days of the meeting referenced hereinabove, or receipt of the
grievance, whichever is later.
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Step 3:
B. For issues that involve hiring, firing, discipline or working conditions:
Within ten (10) working days of the response in Step 1 above, the
grievance, in written form, shall be presented to the Presiding Judge
with a copy to Human Resources. The Judge shall attempt to schedule
a meeting with the aggrieved employee and Union Representative
within ten (10) working days to discuss the grievance. The Judge shall
respond in writing to the aggrieved employee and their Union
Representative, with a copy to Human Resources, within ten (10)
working days of the meeting.
A. For issues that involve w ages and/or benefits : If the grievance has not
been resolved at Step 2, the Boee or the Union may refer unsettled
grievances to final and binding arbitration.
a) Notice Time Limitation : The referring party shall notify the
other party in writing by certified mail of submission to
arbitration within ten (10) working days after receipt of the
Step 2 response.
b) Arbitrator Selection : After timely notice the parties shall select
an arbitrator in the following manner:
In the event neither party agrees on a neutral arbitrator, then
either party may request that the Public Employment Relations
commission (PERC) submit a list of nine (9) names. If the
parties cannot mutually agree on an arbitrator from the list of
nine (9), then the parties shall meet and flip a coin. The
winning party shall strike one (1) name from the list and
communicate that choice to the other party. The losing party
will strike one (1) name from said list, and so on . The
remaining name shall be the arbitrator.
c) Decisi o n Time Limit: The arbitrator will meet and hear the
matter at the earliest possible date after the selection of the
arbitrator. After completion of the hearing, a decision shall be
entered within thirty (30) calendar days or as soon as possible
thereafter, unless an extension of time is agreed upon as
provided for herein.
d) Lim itati o ns -Scope -Power of the Arbitrator:
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a. The arbitrator will not have the authority to add to,
subtract from, alter, change or modify the provisions of
this Agreement.
b. The arbitrator shall have the power to interpret and
apply the terms of the Agreement and/or determine
whether there has been a violation of the terms of this
Agreement .
c. The arbitrator shall consider and decide only the
question or issue raised at Step 1 and/or Step 2.
d. In conducting a hearing, the arbitrator shall keep a
verbatim record of testimony either by tape recording
or court reporter. The party or parties requesting or
using transcription of the official records shall share
equally in the cost of such services. The arbitrator shall
also have the authority to receive evidence and
question witnesses.
e . Decisions regarding changes in past practices (Section
4.3) shall be advisory only.
e) Arbitration Awa r d -Damages -Expenses :
a. The arbitrator shall not have the authority to award
punitive damages.
b . Each party hereto shall pay the expenses of their own
representatives, attorneys, witnesses and other costs
associated with the presentation of their case and the
expenses, as well as one-half (1/2) the expenses of the
arbitrator.
B. For issues that involve hiring, firin g, discipline or working conditions: In
the event no agreement is reached through Step 2 of the grievance
process, the Union may pursue any remedy available under law .
ARTICLE 20 -WAJVEROF PORTION OF AGREEMENT
20.1 The expressed provisions of this Agreement may not be waived except by
mutual agreement of the Union and the County, and in any individual case, the
affected employee. Neither County nor Union will ask for or accept a voluntary
waiver by an employee without prior consent of the other party.
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ARTICLE 21-SAVINGS CLAUSE
21.1 Should any section or portion thereof of this Agreement be held unlawful
and unenforceable by any court of competent jurisdiction, such decision of the
court shall apply only to the specific section or portion thereof, directly specified
in the decision. Upon the issuance of such a decision, the parties agree
immediately to negotiate a substitute, if possible, for the invalidated section or
portion thereof.
ARTICLE 22 -STRIKES AND LOCKOUTS
22.1 Strikes, slowdowns, work stoppages, or any other interference with the
work by the employees are prohibited.
22.2 The Employer may discharge and/or discipline any employee who violates
Section 22.1. No employee shall be entitled to any pay and/or benefits for the
period in which he/she engaged in any strikes, slowdowns, work stoppages or
other interference with work.
22.3 Nothing contained herein shall preclude the Employer from obtaining
judicial restraint and damages in the event of a violation of this Article.
22.4 No lockout of employees shall be instituted by the Employer .
ARTICLE 23 -HEALTH & WELFARE
23.1 The Employer participates in an insurance trust with the Washington
Counties Insurance Fund, which provides a choice of major medical, dentat
vision, and basic life insurance plans for employees ofthe County.
23.1.1 Effective January 1, 2016, the Employer agrees to contribute
$700.00 per employee per month for benefit premiums and contributions
to be used to purchase employee healthcare coverage through the
Washington Teamsters Welfare Trust (medical) and the Washington
Counties Insurance Fund (dental, vision, basic life).
Retroactive health care contributions will show as a correction on the
employee's first paycheck following ratification.
23.1.2 Effective January 1, 2017, the Employer agrees to contribute the
set dollar amount determined to be the baseline for the 2017 budget by
the Board of County Commissioners. It is agreed that this amount will be
equivalent to the amount granted to non-bargained employees including
elected officials, and not lower than the 2016 contribution of $700.00.
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23.1.3 Effective January 1, 2018, the Employer agrees to contribute the
set dollar amount determined to be the baseline for the 2018 budget by
the Board of County Commissioners. It is agreed that this amount will be
equivalent to the amount granted to non-bargained employees including
elected officials, and not lower than the 2016 contribution of $700.00.
Purchase of employee healthcare coverage is mandatory in all areas offered
through the Washington Teamsters Welfare Trust (medical) and Washington
Counties Insurance Fund (dental , vision, and basic life). Purchase of dependent
healthcare coverage is optional.
The County contribution may be directed into any cafeteria qualified plan
adopted by the County during the length of the contract. Effective the first payroll
cycle following contract ratification, any monies remaining after being applied to
mandatory employee coverage and optional dependent coverage shall be
contributed to an HRA VEBA program. All dependent healthcare premium must
be paid prior to contributing to VEBA .
A Health Reimbursement Arrangement (HRA) is one type of Voluntary Employees'
Beneficiary Association (VEBA) plan allowed under the Internal Revenue Code.
23.2 Provision 23.1 is contingent upon the continued selection and/or
availability of the specific medical coverage programs through the Washington
Teamsters Welfare Trust and Washington Counties Insurance Fund. Should the
County choose to implement different healthcare options, the provisions of 23.1
shall be replaced with the plan(s) in place for the non-represented employees of
Kittitas County.
23.3 The employee will continue to receive the Employer contribution and
related coverage as long as they continue to meet all eligibility requirements.
23.4 The parties mutually agree that the Union may vote to elect medical
through the Washington Teamsters Welfare Trust (Plan C) or the Washington
Counties Insurance Fund; however, they must notify the County HR Director of
their final decision in writing no later than November 1 for the change to occur
the following year. The employer contribution will remain as indicated in 23.1. It
should be noted that Teamsters medical operates with a lag month, which would
cause a gap in coverage by one month, or a double deduction to ensure a gap
does not occur. Mid-year changes will not be allowed.
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ARTICLE 24 -SALARIES CLASSIFICATIONS WAGE RATES OTHER PROVISIONS
24.1 Effective January 1, 2016, employees will receive a 3% wage increase.
Retroactive payment of wages will be limited to those members of the
bargaining unit employed by the County as of the date of signing this
agreement.
24.2 Effective January 1, 2017, employees will receive a 1.5% wage increase .
24.3 Effective July 1, 2017, employees will receive a 1.5% wage increase .
24.4 Effective January 1, 2018, employees will receive a 1.5% wage increase.
24.5 Effective July 1, 2018, employees will receive a 1.5% wage increase .
Salary classifications and wage rates are contained in Appendix "A" attached
hereto and incorporated by this reference.
ARTICLE 25 -PAY ARRANGEMENTS
25.1 All employees shall be paid monthly, the last working day of the month,
there shall be no deductions other than required by law or authorization in
writing by the employee. The requirement to pay the last working day of the
month is conditioned on there being no mechanical or procedural problems.
25.2 The Employer shall furnish each employee with an itemized statement of
earnings and deductions, specifying hours paid and other compensation payable
to him as well as any and all deductions from his gross wages for the pay period.
25.3 Upon discharge or quitting, the Employer shall pay monies due the
employee less appropriate deductions in accordance with the terms and
conditions of this Collective Bargaining Agreement on the pay period following
such quitting or discharge.
ARTICLE 26 -RETIREMENT CONTRIBUTION & INDUSTRIAL ACCIDENT INSURANCE
26.1 The Employer shall pay into the appropriate employee's retirement
program and Industrial Insurance program as required, at the prescribed rate, by
law.
ARTICLE 27 -LIABILITY INSURANCE
27.1 The Employer agrees to either provide insurance coverage on behalf of
the employees or provide liability defense for employees or a combination
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thereof in order to reasonably protect and indemnify employees from liability to
third parties resulting from employees negligently performing duties within the
scope of their employment.
ARTICLE 28 -UNION ACTIVITY
28.1 Union Investigation and Visitation Privileges : The business representative
of the Union, with the permission of the Probation Services Director or designee,
may visit the work location of employees at any reasonable time and location for
the purpose of investigating grievances. Such representative shall limit his
activities during such investigations to matters relating to this Agreement,
provided, however, he shall not interfere with the operation of normal routine of
any department. The Union shall not distract an employee while on duty.
28.2 Bulletin Board: The Union shall be entitled to maintain one (1) bulletin
board in a conspicuous place within Misdemeanant Probation and Juvenile Court
Services in Ellensburg, provided, however, materials to be placed on said bulletin
board shall be restricted to notices and provisions related to this Collective
Bargaining Agreement.
ARTICLE 29 -MISCELLANEOUS PROVISIONS
29.1 Medical Exams : Any physical and/or mental examination(sL and/or
inoculations which are required by the Employer, shall be taken on Employer time
and shall be paid by the Employer. If the Employer requires a physical and/or
mental examination the employee shall undergo the physical or mental
examination by a physician or institution specified by the Employer.
29.2 Gender: Where masculine gender has been used in any provision of this
Agreement, it is used solely for the purpose of illustration and shall not in any way
be used to designate the sex of the employee eligible for any position,
classification, or the benefits provided in this Agreement.
ARTICLE 30 -PERSONNEL FILES
30.1 Employees shall have the right to review material in their personnel files
maintained in the Employer's Human Resource Office during regular business
hours. The employee may have a representative of the Union accompany him/her
if so desired. Upon request, copies of documents in the personnel file shall be
provided to the employee in person.
30.2 In the event evaluation reports are utilized, a copy will be placed in the
individual's personnel file. The personnel file shall contain evaluation reports that
have been completed by Management personnel.
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30.3 Materials judged by the employee to be negative and/or derogatory may
be answered by the employee in writing. Such written response shall be attached
to the material in question and become a part of the personnel file. Said written
response shall not change, alter, affect or modify the validity of materials placed
in an employee's personnel file by administrative personnel.
30.4 Personnel files are the property of the Employer. The Employer agrees
that the contents of the personnel files, including personal photographs, shall be
confidential and shall restrict information in the files to use by authorized
personnel only.
30.5 After one (1) year, an employee may request derogatory material other
than periodic evaluations be expunged from the file . The Employer shall
determine whether or not expunging of materials is appropri'ate.
30.6 When an employee reviews his/her personnel file, he/she shall sign and
date the review and said signature shall signify acknowledgment of having read
materials in the personnel file.
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ARTICLE 31 -NEGOTIAIlONS AND TERM OF AGREEMENT
31.1 This Agreement shall be in full force and effect from date of signing except
as otherwise provided, and shall remain in full force and effect through December
31, 2018. Either party may, upon ninety (90) calendar days notice prior to the
date of expiration, give notice to terminate or amend to the other party. In the
event only notice to amend is given, the Agreement shall remain in effect while
the parties negotiate a successor agreement.
31.2 Negotiations for revisions to the subsequent collective bargaining
agreement will take place in accordance with the following suggested schedule;
provided, however, said schedule may be revised by mutual agreement of the
parties:
A. The Union and the Employer agree to meet for preliminary discussions
regarding bargaining during the month of August; and,
B. The parties shall establish collective bargaining sessions to commence
thereafter on a mutually acceptable basis; and,
C. If the parties are unable to reach a mutually acceptable collective
bargaining agreement through normal bargaining sessions, then and in
that event, either party may proceed to mediation in accordance with
the statutory provisions.
IN WITNESS WHEREOF this Agreement was signed this 1/ 111 d~y of
October, 2016.
BOARD OF KITTITAS COUNTY
COMMISSIONERS
Chairman
ABSTAINED
By : ______________________ __
Vice-Chairman
BY :~
Commission
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TEAMSTERS lOCAL
UNION NO. 760
BY:~j,~
Secretary/Treasurer 9 ~1ll""
By: ----t'~...:::::....e:~~-~==jI.:..:........:::==
Presiding Superior Cou
By:
e r District Court Judge
By : C~
Presiding Upper District Court Judge
-23-
APPENDIX "A"
Current 01/01/16
(3.0%)
Sr. Misdemeanant Probation Officer
Starting $3,991 $4,111
After 1 Year $4,070 $4,192
After 2 Years $4,149 $4,273
After 3 Years $4,234 $4,361
After 4 Years $4,319 $4,449
Current 01/01/16
(3.0%)
Misdemeanant Probation Officer
Starting $3,836 $3,951
After 1 Year $3,912 $4,029
After 2 Years $3,991 $4,111
After 3 Years $4,071 $4,193
After 4 Years $4,150 $4,275
Current 01/01/16
(3.0%)
Sr. Misdemeanant Case Manager
Starting $3 ,502
After 1 Year $3,572
After 2 Years $3,643
After 3 Years $3,716
After 4 Years $3,794
Misdemeanant Case Manager
VACANT
Current
Juvenile Probation Counselor
Starting $3,836
After 1 Year $3,912
After 2 Years $3,991
After 3 Years $4,071
After 4 Years $4,150
$3,607
$3,679
$3,752
$3,827
$3,908
01/01/16
(3.0%)
$3,951
$4,029
$4,111
$4,193
$4,275
01/01/17
(1.5%)
$4,173
$4,255
$4,337
$4,426
$4,516
01/01/17
(1.5%)
$4,010
$4,089
$4,173
$4,256
$4,339
01/01/17
(1.5%)
$3,661
$3,734
$3,808
$3,884
$3,967
01/01/17
(1.5%)
$4,010
$4,089
$4,173
$4,256
$4,339
07/01/17 01/01/18 07/01/18
(1.5%) (1.5%) (1.5%)
$4,236 $4,300 $4,365
$4,319 $4,384 $4,450
$4,402 $4,468 $4,535
$4,492 $4,559 $4,627
$4,584 $4,653 $4,723
07/01/17 01/01/18 07/01/18
(1.5%) (1.5%) (1.5%)
$4,070 $4,131 $4,193
$4,150 $4,212 $4,275
$4,236 $4,300 $4,365
$4,320 $4,385 $4,451
$4,404 $4,470 $4,537
07/01/17 01/01/18 07/01/18
(1.5%) (1.5%) (1.5%)
$3,716 $3,772 $3 ,829
$3,790 $3,847 $3,905
$3,865 $3,923 $3,982
$3,942 $4,001 $4,061
$4,027 $4,087 $4,148
07/01/17 01/01/18 07/01/18
(1.5%) (1.5%) (1.5%)
$4,070 $4,131 $4,193
$4,150 $4,212 $4 ,275
$4,236 $4,300 $4,365
$4,320 $4,385 $4,451
$4,404 $4,470 $4,537
Current 01/01/16 01/01/17 07/01/17 01/01/18 07/01/18
(3.0%) (l.S%) (l.S%) (1.5%) (l.S%)
Juvenile Field & Custody Counselor
Starting. $3,836 $3,951 $4,010 $4,070 $4,131 $4,193
After 1 Year $3,912 $4,029 $4,089 $4,150 $4,212 $4,275
After 2 Years $3,991 $4,111 $4,173 $4,236 $4,300 $4,365
After 3 Years $4,071 $4,193 $4,256 $4,320 $4,385 $4,451
After 4 Years $4,150 $4,275 $4,339 $4,404 $4,470 $4,537
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