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HomeMy WebLinkAboutAgreements/Contracts - District CourtK2 2- 115 WORKING AGREEMENT By and Between GRANT COUNTY / DISTRICT COURT And GRANT COUNTY PUBLIC EMPLOYEES ASSOCIATION DISTRICT COURT UNIT JANUARY 1, 2021 To DECEMBER 31, 2022 Table of Contents PRODUCTIVITY 1 ARTICLE I - RECOGNITION 1 ARTICLE II- UNION MEMBERSHIP DUES CHECKOFF 1 ARTICLE III - DEFINITIONS 2 ARTICLE IV - EQUAL EMPLOYMENT OPPORTUNITY 5 ARTICLE V - MANAGEMENT RIGHTS y ARTICLE VI - STRIKES AND LOCKOUTS 7 ARTICLE VII - JOB POSTING g ARTICLE VIII - SENIORITY g ARTICLE IX - DISCIPLINE 10 ARTICLE X - GRIEVANCE PROCEDURE 17 ARTICLE XI — HOURS OF WORK Zp ARTICLE XII - JOB CLASSIFICATIONS AND WAGES 23 ARTICLE XIII - BULLETIN BOARD 25 ARTICLE XIV - UNION ACTIVITIES 25 ARTICLE XV - SICK LEAVE 25 ARTICLE XVI - MILITARY LEAVE Zg ARTICLE XVII- CIVIL LEAVE / JURY LEAVE 29 ARTICLE XVIII - FAMILY & MEDICAL LEAVE 29 ARTICLE XIX - EDUCATION LEAVE Zg ARTICLE XX - ANNUAL LEAVE Zg ARTICLE XXI - HOLIDAYS 32 ARTICLE XXII - HEALTH AND WELFARE 33 ARTICLE XXIII - DRUG TESTING POLICY 35 ARTICLE XXIV - SAVINGS CLAUSE 35 ARTICLE XXV - ENTIRE AGREEMENT 35 ARTICLE XXVI - TERM OF AGREEMENT 36 ADDENDUM A - Salary Administration Procedure A-1 ADDENDUM B - 2021 and 2022 Pay Plan g-1 Grant County — District Court Unit Working Agreement 2021 - 2022 PREAMBLE This Agreement entered into by and between Grant County District Court Employees' Association, hereinafter referred to as the "Association" and the Board of Commissioners and the District Court Judges and Court Administrator, of Grant County, Washington, hereinafter referred to as the "Employer", has as its purpose the establishment of an equitable and peaceful procedure for the resolution of differences, and the establishment of rates of pay, hours of work, and other conditions of employment. Application of the terms of this Agreement to employees in the District Court shall be subject to the discretion of the Judge pursuant to General Rule 29. It is understood that judicial and administrative duties set forth in this rule cannot be delegated to persons in either the legislative or executive branches ofg overnment. The presiding judge of Grant County District Court or their judicial designee will maintain full responsibility for all hiring and termination of court employees. This includes all layoff and recall decisions for all judicial branch positions. PRODUCTIVITY It is mutually agreed that the Employer and the Association shall work together individually and collectively to meet the production requirements of the Grant County District Court, to provide the public with efficient and courteous service, to encourag e good attendance of employees, and to promote a climate of labor relations that will aid in achieving a high level of efficiency in District Court. ARTICLE I - RECOGNITION The Employer recognizes the Association as the exclusive bargaining agent for regular g g full-time and regular part-time clerical employees of the Grant County District Court, excluding supervisors, confidential employees, probation officers, lead clerks, Court Administrator, Assistant Administrator, District Court Officer, elected officials and appointed officials. ARTICLE II- UNION MEMBERSHIP DUES CHECKOFF 2.1 The Employer agrees to deduct the Association membership initiation fees, and once each month dues from the pay of those employees who individually request Grant County - District Court Unit Page 1 Working Agreement 2021- 2022 in writing that such deductions be made. The dues shall be remitted to the Association. If the employee provides written notice to the Association and the Employer's Human Resources Office, the dues shall cease to be deducted no later than the second payroll after receipt of the (RCW 41.56.110) notification. Human Resources will notify the Association President or Vice President of scheduled new hires and new hires orientation if the employee would be covered by an Association CBA. Human Resources will work with the Association to provide the new hire a 30 -minute orientation during work hours with the Association within the first 30 days -of employment. The Association and the Director of Human Resources will meet to attempt to resolve any issues related to the application of this paragraph. If the Association and Director of Human Resources are unable to resolve such issues, then the Association may have recourse to the grievance procedure for purposes of enforcing the application of this paragraph. The Association shall indemnify and hold the Employer harmless from any and all claims, demands, lawsuits, administrative proceedings, ULPs, and grievances against the Employer arising out of the administration of the provisions of this Article, including, but not limited to, the amounts of dues and fees deducted from earnings as well as attorneys' fees, costs, expenses associated with any claims, demands, lawsuits, administrative proceedings, ULPs, and grievances. ARTICLE III - DEFINITIONS The following definitions apply throughout the Contract unless the context clearly indicates another meaning: 3.1 Regular Employee: An employee who has successfully completed a probationary period of six (6) months of continuous employment with the Employer within the same department and has had no breaks in service. 3.2 Probationary Employee/Probationary Period: A full-time employee who has less than six (6) months of continuous service, or a part-time employee who has less than one thousand (1,000) hours of continuous service, with the Employer. Said employee is subject to discharge/termination without just cause and without recourse. Grant County -District Court Unit Page 2 Working Agreement 2021- 2022 3.3 Part-time Employee: Apart -time employee is one who is employed in a budgeted position and is regularly scheduled and works less than forty (40) hours per week but more than twenty (20) hours per week. The Employer will pay the premium for health insurance benefits for employee only. Employees who wish to insure their dependents will pay the premiums for the dependent insurance through payroll deduction. Employees must work a minimum of eighty (80) or more hours per month to maintain their eligibility for health insurance benefits. 3.4 Temporary or Seasonal Employee: Any employee other than those defined in Sections 3.1, 3.2, and 3.3. The purpose of such employees is to provide assistance to complete seasonal temporary projects, assist in peak workloads and other temporary/ seasonal work needs of the Employer. Temporary or seasonal employees shall be paid on an hourly basis only and shall not receive any benefits except as they may be applicable under Washington State Department of Retirement Systems rules for retirement contributions. 3.5 Definitions: a. "ANNIVERSARY DATE" means the original date of hire for regular full- time employees as adjusted by leave without pay in excess of ninety (90) days or a break in service. Anniversary date is also subject to compliance with Sections 3.1 and 3.2 above. b. "DISCHARGE" means the termination of employment. C. "FULL-TIME EMPLOYMENT" means regularly scheduled employment up to an average of forty (40) hours per week. d. "HOLIDAYS" means paid non -work days for County employees as specified in the Holiday Article. e. "OVERTIME" means work previously authorized by the Court Administrator and performed in excess of forty (40) hours in a work week. f . "POSITION" is a description of duties and responsibilities assigned to an employee. A position may be filled or vacant as determined by the Court Administrator. Said position may be full-time, part-time or temporary. Y Grant County - District Court Unit Page 3 Working Agreement 2021- 2022 3.6 Personnel Files: The term personnel file refers to a series of administrative files maintained by the County to organize and house necessary information and documentation required for each employee. 3.6.1 These administrative files include, but are not limited to, the following: a. Desk File: Maintained by the supervisor, in the supervisor's workspace. Contains information that supports employee evaluation and development, coaching and counseling communication and performance improvement plans. b. Department Files: Maintained by the Department Head or Elected Official, in a secure location within the department/office. Contains copies of information maintained in the Personnel File for ease of access. c. Personnel File: Maintained by Human Resources, in the Human Resources office. Contains the official documentation file on employee actions. Exceptions are made to individual departments maintaining their own personnel files, with the concurrence of the HR Director. d. Payroll File: Maintained by Accounting/Payroll, in the Accounting office. Contains information such as payroll deduction elections, step increase documentation, and State retirement documentation. e. Medical File: Maintained by Human Resources, in a secure location within the Human Resources office. Contains documents that reference medical condition(s) or coverage for audit purposes. f. L&I File: Maintained by Human Resources, in the Human Resources office. Contains documents specific to L&I claims. g. Investigation File: Maintained by Human Resources, in the Human Resources office. Contains documents created by the investigation authority. h. Legal Defense File: Maintained by Human Resources Director, in a secure location within the Human Resources office. Contains documents that may be necessaryfor defense of Grant Count actions. Y Legal defense files may not be used for disciplinary purposes. Grant County - District Court Unit Page 4 Working Agreement 2021- 2022 3.6.2 Departments may choose to maintain any of the files referenced in 3.6.1 above in physical or digital format. The elements of this agreement with regards to personnel files cover both formats. An exception exists for email sent or received through the County network. Emails and attachments are considered public records and will be maintain following global County practice governing its retention. Disciplinary documentation in the email system that is otherwise purged from personnel files may not be used for further disciplinary purposes. 3.6.3 The County will allow employees to review the contents of any of these files, adhering to reasonable protocols regarding advanced notice and security, Y with the exception of the following: a. draft materials; b. pre -evaluation notes; C. active investigations; and d. legal defense files. ARTICLE IV - EQUAL EMPLOYMENT OPPORTUNITY 4.1 The Employer or the Association shall not discriminate against any individual with respect to terms, conditions or privileges of employment because of race, color, religion, national origin, age, sex, veteran status, mental, physical or sensory handicap, except as allowed or provided by law. 4.2 All references to employees in this Agreement designate both sexes, and wherever the male gender is used, it shall be construed to include male and female employees. ARTICLE V - MANAGEMENT RIGHTS The Association recognizes the prerogative of the Employer to operate and manage its affairs in all respects in accordance with its responsibilities, lawfulowers, and legal p g authority. All matters not expressly covered by the language of this Agreement b state g Y law, or court rule shall be administered for the duration of this Agreement b the g Y Employer as the Employer, from time to time may determine. Management's affairs and prerogatives which the parties have agreed do not constitute negotiable matters relating Grant County - District Court Unit Page 5 Working Agreement 2021- 2022 to wages, hours and working conditions are inclusive of, but are not limited to, the following: 5.1 The right to establish and institute any and all work rules and procedures, whether written or oral, upon reasonable notice to Bargaining Unit members. The Employer has the right to develop and adopt as well as administer written or oral personnel rules and policies which cover matters not specifically described in this agreement. Further, the Employer has the right to make oral or written changes and/or modifications to oral or written personnel rules and policies. An employee shall abide by said changes. Personnel rules and policies which are oral in nature will be based on past practices and oral communications between the Employer and the employees. Written personnel rules and policies will beP osted and provided to affected employees. 5.2 The right to schedule any and all work and overtime work and any and all methods and processes by which said work is to be performed in a manner most advantageous to the Employer and consistent with the requirements of theP ublic interest. 5.3 The right to hire, transfer, layoff and promote employees as deemed necessary by the Employer in accordance with the provisions of this Agreement. 5.4 The right to discipline for just cause any and all employees as provided in the disciplinary Article of this Agreement. 5.5 The right to make any and all determinations as to the size and composition of the work force. 5.6 The parties understand and agree that incidental duties reasonably connected with Bargaining Unit work not necessarily enumerated in job descriptions shall nevertheless be performed by employees when requested to do so by the Employer. 5.7 The Employer shall have the right to take whatever actions the Employer deems necessary to carry out County services in an emergency. The Employer shall be the sole determiner as to the existence of an emergency and any and all action necessary to implement service during said emergency. An emergency shall be a sudden or unexpected happening or situation that calls for -action without delay. Y The Employer will take into consideration the safety of the employees. Grant County - District Court Unit Page 6 Working Agreement 2021- 2022 5.8 The Court Administrator has the right to introduce any and all new, improved and automatic methods or equipment to improve efficiency and to reduce costs. 5.9 The Court Administrator has the right to assign employees in accordance with the provisions of this Agreement. 5.10 The right to close or liquidate an office, branch, operation or facility or combination of facilities, or to relocate, reorganize or combine the work of divisions, offices, branches, operations, or facilities. 5.11 Past Practices: Past practices shall not be binding on the Employer;p rovided, however, if the Employer chooses to change past practice, the Employer shall provide thirty (30) calendar days notification, except in the event of an emergency g Y (in which case practical notice is advised), to the Association and shallp rovide the Association 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. The notification to the Association will contain a proposed date for negotiation of the change with the Association, as well as the anticipated date for implementation of the Employer's change to past practice. ARTICLE VI - STRIKES AND LOCKOUTS 6.1 Neither the Association nor its agents nor any employee(s) shall aid, cause, condone, authorize, or participate in any strike or work stoppage, slow down or any other interference with the work and/or statutory functions and/or obligations of the Employer. 6.2 Employees who engage in any of the above -referenced activities shall not be entitled to any pay or fringe benefits during the period he/she is engaged in such activity. The Employer may discharge or discipline any employee who violates this Article. 6.3 Nothing contained herein shall preclude the Employer or the Association from obtaining judicial restraint and damages in the event of a violation of this Agreement. Grant County - District Court Unit Page 7 Working Agreement 2021- 2022 ARTICLE VII - TOB POSTING 7.1 If a position becomes available in the District Court, the Court Administrator may post within the District Court and on the main bulletin board of the Courthouse if the Court Administrator determines there are qualified and/or suitable personnel within the Courthouse. If the Court Administrator determines there are qualified and suitable personnel in the Courthouse, then the posting will be for a period of five (5) working days except if there is an emergency. If there is an emergency, the Court Administrator may fill said position without any posting. If the Court Administrator determines that there are no qualified and/or suitable employees in the opinion of the Court Administrator within the Courthouse, then the Court Administrator will recruit outside applications. If the Court Administrator determines that it is in the best interests of the District Court to advertise and seek applicants from outside current County employees, the Court Administrator has the right to advertise and seek outside applications along with current County employee applications without any obligation to provide preference and/or first consideration to existing County employees within the department and/or outside the affected department. The Court Administrator shall have the right to determine which applicant is the best qualified for the position regardless of whether the applicant is a current County employee or outside of current County employment. 7.2 The provisions of this Article do not apply to promotional positions such as supervisory positions. ARTICLE VIII - SENIORITY 8.1 Seniority shall mean an employee's continuous length of service from the most recent date of hire. Seniority shall not apply until the employee has completed the required probationary period. Upon satisfactory completion of this probationary period, the employee shall be credited from the most recent date of hire. 8.2 A probationary period of six (6) months shall be required for all new full-time employees. Part-time employees shall serve a probationary period of one thousand (1,000) hours of continuous employment with the Employer. During the probationary period, employees may beterminated/discharged without cause and without notice at the discretion of the Court Administrator. Grant County - District Court Unit Page 8 Working Agreement 2021- 2022 Employees who are promoted will serve a work performance probationary period of up to three (3) months. If at the end of the work performance probationary period the promoted employee either chooses to return to his/ her former position or is informed by the Employer that he/she did not satisfactorily complete his/her trial service period, he/she shall be returned to his/her former position. If the return is based on the Employer's decision, it can be implemented based on no cause and said employee shall have no recourse whatsoever. 8.3 Seniority shall terminate if an employee is discharged/terminated, resigns, retires, is laid off for a period greater than six (6) consecutive months and/or is on an unexcused absence of three (3) or more days in duration. 8.4 Subject to the provisions of Article VII, seniority shall be considered along with the Court Administrator's determination of suitability and qualifications when positions are vacated and if the Court Administrator determines that a vacancy should be filled or when the Court Administrator determines that new positions should be created. 8.5 Employees shall have been employed for a continuous period of six (6) months as a probationary employee before they become regular employees. Further, the Court Administrator may by mutual written agreement extend the probationary period for up to an additional three (3) months. Regular part-time employees must serve the full-time employee probationary time frame equivalency before seniority rights are applicable. 8.6 The Court Administrator determines when it is necessary to lay off an employee or employees within the District Court. The last employee hired within the specific job classification within the department as determined by the Court Administrator will be the first laid off if the Judges determine that the remaining employees are suitable and have the necessary qualifications to carry out the work load required by the Court Administrator. A person laid off will be placed on a recall list and may be eligible to be rehired for a period of six (6) months from the date of the layoff if the particular job classification previously vacated has been determined by the Court Administrator to be refilled. The requirement of rehiring within the six (6) month time frame is subject to the Court Administrator's determination of suitability and qualification of the employee eligible for recall. 8.7 Seniority will be maintained during leaves of absence provided the leave does not exceed ninety (90) days. Thereafter, seniority will be adjusted day for day. Grant County -District Court Unit Page 9 Working Agreement 2021- 2022 8.8 A seniority list will be posted, and a copy provided to the Association oncep er year only if requested and only if new employees are added. 8.9 The Employer reserves the right to implement up to ten (10) furlough days per year. Furlough days are days off without pay with the commensurate revised compensation in any month when a furlough day is administered. If the Employer determines to implement furlough days, the Employer will provide the Union thirty (30) calendar days' written notification. The written notification will advise the Union that if they wish, they can bargain about the effects of the decision to implement furlough days. The window for negotiations about the effects of the furlough will be no more than sixty (60) calendar days from the date of the Employer's written notification to the Union. If the parties have not reached agreement regarding the effects during the sixty (60) calendar day window, then the Employer has the right to implement the furlough days. If the parties reach agreement within the sixty (60) calendar day window, then the furlough will be implemented according to the agreement between the parties. ARTICLE IX - DISCIPLINE 9.1 The Court Administrator or Assistant Administrator may discipline an employee for just cause, inclusive of but not limited to the following: a. Neglect of duty; b. Inefficiency; C. Insubordination; d. Incompetence; e. Disrespectful or impolite references, comments, or declarations about or to fellow employees, the Judges, the Court Commissioner, or the Court Administrator, Assistant Administrator; f . Conviction, plea bargaining, deferred prosecution, or any other alternative disposition of a criminal charge of any crime which the Court Administrator believes would have an adverse effect regarding an Grant County - District Court Unit Page 10 Working Agreement 2021- 2022 employee's work, relationships with current employees/Employer, or brings into question continued suitability in the department; g. Inappropriate/improper use of public office/authority or misrepresentation of official authority or omission of responsibilities based on official authority and responsibilities; h. Misconduct and/or negligent performance of duties; i. Violation of written or verbal County or Department directives, work rules, regulations, policies, and procedures; j. Conflict of interest between off-duty activities and official duties; k. Tardiness and/or absenteeism; 1. Harassment of any kind (actions that create an intimidating, abusive and/or hostile work environment); M. Reporting to work with the presence of alcohol and/or illegal/controlled substances in the employee's blood, breath and/or urine, consuming alcohol and/or illegal/controlled substances at work, selling and/or distributing alcohol and/or illegal/controlled substances at work in accordance with the Drug and Alcohol Policy; n. Violation of the Drug and Alcohol Policy; 0. Any breach of confidentiality requirements, whether written or verbal, regarding confidential matters as determined by the Court Administrator; p. Failure to properly record, schedule, notify, communicate, process and/or file any and all matters, whether written or verbal, consistent with standard verbal, written or practiced procedures as determined by the Court 'Administrator; q. Failure to timely complete tasks as assigned by the Court Administrator; r. Dishonesty; Grant County - District Court Unit Page 11 Working Agreement 2021- 2022 S. Any other just causes as determined, from time to time, by the Court Administrator based on office procedure changes determined by the Court Administrator; t. Any other just causes supported and consistent with case law and/or arbitration cases. 9.2 The Court Administrator or Assistant Administrator may discipline any employee for just cause. If the County has a reason to discipline an employee, it shall take reasonable measures to carry out the discipline in a manner which will least embarrass the employee, if possible. The Court Administrator shall have the right to implement the following forms of discipline: a. Verbal reprimand; b. Written reprimand; C. Suspension without pay; d. Termination. The discipline imposed shall be in relationship to the seriousness of the offense as determined by the Court Administrator. The Court Administrator may impose progressive discipline in order of increasing severity from verbal reprimand to discharge but shall not be required to follow progressive discipline where the Court Administrator makes a determination that the circumstances warrant imposition of a more severe form of discipline up to and including termination, even though an employee may not have any other disciplinary actions of record in the employee's personnel file. Demotion may be used as an alternative where appropriate. Another form of corrective communication which is not part of the formal discipline process, except as described below and in Section 9.8, is a coaching, counseling, and/or performance improvement plan (PIP). Such corrective communication, whether verbal and/or written, is not discipline. A Performance Improvement Plan (PIP) is considered coaching and counseling. A Performance Correction Plan (PCP) is part of the formal discipline process coordinated with one of the disciplinary actions above. Grant County - District Court Unit Page 12 Working Agreement 2021- 2022 9.3 Investigation process: If the Court Administrator is informed of potential misconduct(s) and/or violation(s), the Court Administrator, in consultation with the Human Resources Department, will proceed with the investigatory process which will include the following steps except if 9.3.7 is applicable: 9.3.1 Upon the Court Administrator being notified of a potential violation and/or misconduct, the Court Administrator has the right to conduct an investigation to ascertain facts. The Court Administrator has the right to decide not to conduct a formal investigation if the likelihood of disciplinary action would result in a verbal or written reprimand for a minor violation. 9.3.2 The Court Administrator will immediately notify the Human Resources Director of the existence of a potential violation and/or misconduct. 9.3.3 The Human Resources Director may conduct the investigation or may designate other person(s) to conduct the investigation. other person(s) would include, but not be limited to, another management person, a consultant, a member of law enforcement, an attorney, or other individuals. 9.3.4 The investigator will interview witnesses; research written information and compile the facts about the alleged violation and/or misconduct. The interviews maybe recorded, video recorded, or the information obtained maybe in the form of written statements as well as report(s). 9.3.5 After interviewing witnesses other than the subject employee, the subject employee will be interviewed. The employee will be provided a written summary of the information derived from the interviews with other witnesses prior to or at the employee's interview. The investigator will instruct the employee to fully cooperate and answer all questions truthfully. The employee will be entitled to have an Association representative present during the interview. The Association representative shall not answer questions for the employee but may seek clarification of questions during the interview process. The Association representative has the right to meet alone with the employee during the interview process. Grant County - District Court Unit Page 13 Working Agreement 2021- 2022 9.3.6 Upon conclusion of the interviews and review of the facts, the Court Administrator and Human Resources Director may proceed with discipline if this would involve a verbal or written reprimand. If the discipline could result in a suspension without pay or termination, then the provisions of section 9.4 will be followed pertaining to a pre- determination (Loudermill) meeting. 9.3.7 If the Court Administrator determines early in the investigatory process that there is no merit to continuing, the Court Administrator can cease the investigation and so inform the employee and Association. 9.3.8 Grant County's intent is for investigative actions to occur promptly and be completed within 30 days of the initial notice to the Employee. However, there may be instances in which additional time is required. In the event that an employee investigation is anticipated to take longer than 30 days, Human Resources will provide a reason for the extension, not to exceed another 30 days. 9.3.9 Investigations require timely communication between the Employer and Association. The following protocols establish communication flow. a. Association representation may contact the Elected Official or Department Head of the specific department for information on the process and timeframe; b. If the Elected Official or Department Head is not directly involved in the investigation process or is not able to address the request, questions will be referred to the Human Resources Director; c. If the Human Resources Director is not directly involved in the investigation process or is not able to address the request, questions will be referred to the County's Labor Attorney. 9.4 The Court Administrator may reprimand, suspend without pay, or terminate an employee only for just cause. In the event the Court Administrator determines that an employee may be suspended without pay or terminated for alleged violations and/or alleged misconduct(s), then the Court Administrator will issue a letter/notice of pre -determination (Loudermill) meeting to the employee and Association representative setting forth the alleged violations and/or Grant County -District Court Unit Page 14 Working Agreement 2021- 2022 misconduct(s) with information obtained during the investigation. Prior to reaching a decision to suspend without pay or terminate an employee, the Court Administrator will conduct apre-determination (Loudermill) meeting to provide the employee and/or Association representative an opportunity to respond to the alleged violations and/or alleged misconduct(s) within a reasonable period of time from the completion of the investigation. The employee's attendance at the pre- determination meeting (Loudermill) is voluntary. The employee's choice whether to attend or not attend the pre -determination meeting shall not be held against the Court Administrator in the event of a grievance and/or arbitration. Thereafter, the Court Administrator shall make a determination as to whether to proceed with suspension without pay or termination. The Court Administrator's decision will be in writing with an explanation of the basis for the disciplinary action. 9.5 When the Court Administrator determines that circumstances are such that retention of the employee will likely result in disruption of operations, damage to or loss of County property, damage or loss to the public, or be injurious to fellow employees and/or the public, then the Court Administrator may immediately suspend with pay the employee pending the outcome of an investigation. 9.6 If the Court Administrator decides to issue a verbal reprimand and/or written reprimand to an employee, then said reprimand shall be in written form and forwarded to the employee and to the Association representative. No pre- determination (Loudermill) meeting (see Section 9.4) with the Association and/or employee is necessary for issuance of these types of discipline. 9.7 Employees shall sign written reprimands as evidence only of having seen the written reprimand when employees are shown those reprimands which are to be placed in the employee's personnel file. A copy of the written reprimand shall be provided to the employee at the time the employee signs it. Copies of written reprimands and more severe discipline will be mailed to the Association except if the employee objects to the Court Administrator sending out discipline information. 9.8 Documentation created through coaching, counseling, and disciplinary process will be maintained in the following manner. a. Coaching and counseling communications and performance improvement plans (PIPs) will be maintained in Desk or Department files not in the Personnel file. Grant County - District Court Unit Page 15 Working Agreement 2021- 2022 b. Evidence of verbal reprimands shall remain in the employee's personnel file for a period of no more than 12 months from the date of the discipline except if similar discipline has been issued within the 12 -month period in which case this discipline shall remain in the personnel file for another 12 months. If the coaching or counseling or PIP relates to any type of harassment, safety issues, or potential liability to the Court Administrator, then the Court Administrator has the right to keep them for liability defense purposes permanently but not for disciplinary purposes. Suspensions without pay or terminations as part of progressive discipline shall remain permanently in the employee's personnel file. c. A written reprimand and/or Performance Correction Plan (PCP) shall remain in the employee's personnel file for a period of no more than twenty-four (24) months from the date of the discipline and/or PCP. If an employee does not have any other written reprimands and higher and/or PCP within the twenty- four (24) month period, then the written reprimand and/or PCP will be removed from the employee's personnel file. However, if the written reprimand and/or PCP relates to misconduct or violation(s) relating to any type of harassment, safety issues or other potential liability to the Court Administrator, then the Court Administrator has the right to keep them for liability defense purposes permanently but not for disciplinary purposes. d. After removal from the personnel file, the evidence shall not be used as a basis for progressive discipline and shall not be introduced or otherwise used as evidence by the Court Administrator in a grievance arbitration hearing. The Court Administrator has the right to maintain references, written facts and evidence pertaining to verbal and written reprimands involving harassment, safety issues and potential liability to the Court Administrator in a separate file and may be used by the Court Administrator for the purposes of defending and/or litigating civil and/or criminal proceedings. e. It shall be the responsibility of the employee to request removal of verbal reprimand, written reprimand and/or PCP from their personnel file based on the timelines above. If the employee does not make such a request and if the verbal reprimand, written reprimand and/or PCP remain in the personnel file, this shall not be held against the Court Administrator in any grievance and/or arbitration. All evidence of an investigation will be removed at the same time the underlying discipline is removed. Grant County - District Court Unit Page 16 Working Agreement 2021- 2022 f . References, written facts, and all documentation involving suspensions without pay and/or terminations shall remain permanently in an employee's personnel file. g. The County may, at the discretion of the Human Resources Director, transfer any documentation requested for removal from the Personnel File or Investigation File to the Legal Defense File if it is deemed in the best interest of the Employer. 9.9 If any County employee is serving a disciplinary suspension without pay, said person shall not be employable with any other County Department or County funded organization. 9.10 Time lines maybe extended by mutual written agreement. 9.11 For those employees who must drive vehicles to carry out their job as determined by the Court Administrator, if any employee has his/her driver's license suspended or his/her CDL suspended for less than thirty (30) days, then the employee shall be suspended without pay for that period of time. If the employee has his/her driver's license or CDL suspended for thirty (30) days or more, then said employee shall be terminated. If an employee's driver's license or CDL is revoked, then the employee shall be immediately terminated. 9.12 In accordance with provision 9.1 above, dishonesty in any form maybe considered serious misconduct and any employee proven to have been dishonest may be disciplined at suspension without pay up to and including termination of employment. Due to the seriousness of dishonesty, a first offence of dishonest may result in termination. ARTICLE X - GRIEVANCE PROCEDURE 10.1 A grievance is defined as a question involving the interpretation, application or alleged violation of a specific provision of this Agreement. 10.2 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. Grant County District Court Unit Page 17 Working Agreement 2021- 2022 10.3 Filing of Grievance: If the Association and/or employee believes there may be a grievance regarding specific provisions of this Agreement, then the Association must file said grievance within thirty (30) calendar days of its occurrence. Failure to file the grievance within thirty (30) calendar days of its occurrence results in said grievance being forever waived and lost and no longer grievable at any time. Failure to pursue a grievance to the next step of the grievance procedure results in the last response being the final and binding conclusion of the grievance. To be a valid grievance, the grievance must set forth the facts, the specific section(s) of the contract which were allegedly violated, and the specific remedy requested. 10.4 Employer Grievance: The Employer may initiate a grievance at Step 2 of the grievance procedure within thirty (30) calendar days from the date of the occurrence giving rise to the grievance. If the a Employer files grievance in accordance with this section, the Employer will present, either by mail or in person, in writing, the basis of the grievance against the Association to the Association President within thirty (30) calendar days of the occurrence. Thereafter, the Association President shall respond in writing to the Employer within thirty (30) calendar days from the receipt of the grievance. If the Employer is not satisfied with the response of the Association President, the matter will be elevated to arbitration in accordance with the procedure contained in this article. 10.5 The formal grievance procedure shall be as follows: Steffi 1: The grievance shall be presented in written form to the Court Administrator within thirty (30) calendar days from its occurrence. The Court Administrator shall respond in writing within thirty (30) calendar days after receiving said grievance. Ste If the grievance is not resolved to the satisfaction of the concerned parties at Step 1, then within thirty (30) calendar days of the response in Step 1, the grievance in written form, shall be referred to the Board of County Commissioners if the matter is a direct or indirect economic impact. If the matter pertains to working conditions with non -direct or indirect economic impacts, then the matter may be referred directly to arbitration. Any of the parties may refer the matter directly to arbitration. Grant County - District Court Unit Page 18 Working Agreement 2021- 2022 Ste 3: a. Final and Binding Arbitration: If the grievance has not been resolved at Step 2 above, either the Association, the Court or the Employer may refer the unsettled grievance to final and binding arbitration. b. Notice -Time Limitation: The referring party shall notify the other party in writing of submission to arbitration within thirty (30) calendar days after receipt of the Step 1 response. If there is no response, the Association may advance the grievance at any time. Failure to notify the other party in writing will result in the grievance being forever waived and null and void. C. Arbitrator -Selection: After timely notice, the parties shall select an impartial arbitrator within thirty (30) calendar days, if possible, after the request is made to arbitrate. If the parties cannot mutually agree on an impartial arbitrator who is able and willing to serve on a timely basis, either party may demand a list of seven (7) qualified persons who are willing to abide by time limitations. A list of impartial arbitrators may be furnished by the American Arbitration Association (AAA) or the Federal Mediation and Conciliation Service (FMCS) or the Public Employment Relations Commission (FERC). The party demanding a paid arbitrator shall have the right to determine the organization from which the list of seven (7) names is to be derived. The parties shall flip a coin to determine who will strike the first name, following which each will alternately strike one of the names submitted until only one (1) name remains. This person will serve as the sole arbitrator subject to the following provisions. d. Decision - Time Limit: The Arbitrator will conduct the arbitration hearing. The arbitrator shall issue a final decision within thirty (30) calendar days from the date of the hearing or receipt of the parties' briefs, if applicable. e. Limitations - Scope - Power of Arbitrator: (i) The arbitrator shall not have the authority to add to, subtract from, alter, change or modify the provisions of this Agreement, state law, or court rule. Grant County - District Court Unit Page 19 Working Agreement 2021- 2022 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 the Agreement, state law, or court rule. (iii) The arbitrator shall consider and decide only the question or issue raised in the initial written grievance. In conducting arbitration, the arbitrator shall maintain a verbatim record of the testimony either by tape recording or court reporter. If a party requests a court reporter and/or transcription of the official record said requesting party shall be responsible for paying for the cost of the transcription; provided, however, if the other party is going to rely on the record and/or transcription, then said party shall be responsible for one-half (1/2) the transcription cost and their own copying cost. The arbitrator shall also have the authority to receive evidence and question witnesses. f. Arbitration Award - Damages - Expenses: (i) The arbitrator shall not have the authority to award punitive damages. Each party hereto shall bear equally the expenses of the arbitrator. Each party shall pay the fees and expenses of their own attorneys, representatives, witnesses and other costs associated with the presentation of their case. ARTICLE XI - HOURS OF WORK 11.1 Regular Work Hours: The Employer will determine, from time to time, regular hours of work each day which shall be consecutive, with the exception of interruptions for lunch periods. 11.2 Regular Work Week: The Employer will determine, from time to time, the work week which shall normally consist of five (5) consecutive eight (8) hour days or four (4) consecutive ten (10) hour days, Monday through Saturday, inclusive. Any previously authorized time worked in excess of the scheduled work day (up to ten (10) hours per day) or in excess of forty (40) hours in a work week will be considered overtime and will be compensated at the time and one-half (11/z) rate, except as provided for in Section 11.11 below. Time worked for overtime threshold purposes shall not include sick leave, annual leave or any other Grant County -District Court Unit Page 20 Working Agreement 2021- 2022 Employer time when the employee is not actually working. If the Court Administrator determines that the regular work shift and/or work week needs to be changed, then the Employer will provide two (2) work weeks of noticep rior to the change being effective, except in the event of an emergency, in which case no notice is required, and except as provided for in Section 11.11 below. The Court Administrator agrees to discuss the proposed change in regular work shift with the Association prior to implementation, but this discussion shall not constitute an obligation to bargain about the changes or their effects. 11.3 Regular Work Dai: Eight (8) consecutive hours of work or ten (10) consecutive hours of work with the exception of interruptions for lunch periods within the twenty-four (24) hour period, as determined by the Court Administrator will constitute the normal regular work day. The Employer/department head will determine, from time to time, the starting and quitting times. Normally, the Employer will provide a half (1/2) hour lunch period from 12:00 p.m. to 12:30 p.m. The Court Administrator has the right to alter the starting and quitting times of work days provided a minimum of two (2) work days' notice is provided to the affected employees regarding the changes except in the event of an emergency, and except as provided for in Section 11.11 below. In the event of an emergency the Court Administrator may immediately alter starting and quitting times without any notice. Hours of work will be from 8:00 a.m. to 12:00 noon and 12:30 p.m. to 4:30 p.m. Monday through Friday. The office will be closed for only thirty (30) minutes from 12:00 noon to 12:30 p.m. The In -Court Clerks' schedule will flex depending upon the needs of the Court and due to budget constraints this flex will be carried out without creating any overtime; all flex time is subject to prior approval of the Court Administrator. 11.4 Cross -Training: The Court Administrator has the right to assign Employees to work the various different desks on a rotational basis so that Employees are cross - trained to be able to handle the responsibilities of all desks in the District Court, provided the Court Administrator will make each assignment last for a minimum of six (6) months. During the minimum six (6) month assignment, the Employer may temporarily move an individual to a different desk if the coverage is needed due to a temporary need such as sick leave, flex time, etc. 11.5 Call -Back: Employees called back to work after they have left the work premises will receive a minimum of two (2) hours pay at the time and one-half (11/2) rate; provided, however, only time actually worked shall count towards the overtime threshold. Grant County - District Court Unit Page 21 Working Agreement 2021- 2022 11.6 The Employer has the right to change work schedules at any time provided at least two (2) work weeks' notice is given to affected employees except in the event of an emergency and/or except as provided in Section 11.11 of this Article. In the case of an emergency, the Employer has the right to change work schedules immediately without notice. The Employer agrees to discuss the proposed change g in regular work schedules with the Association prior to implementation but this discussion shall not constitute an obligation to bargain about the changes or their effects. 11.7 Rest Periods: All employees work schedules shall provide for a fifteen (15) minute rest period during each one-half (1/z) shift whenever this is feasible. Employees who for any reason work beyond their regular quitting time into the next shift shall receive a fifteen (15) minute rest period before they start to work on such next shift. In addition, they shall be granted the regular rest periods that occur during the shift. 11.8 The Employer may implement a work week consisting of four (4) ten (10) hour days inclusive of the period of Monday through Saturday provided at least two (2) work weeks' notice is provided to affected employees except in the event of an emergency and/or except as provided in Section 11.11 of this Article. No notice is required in the case of an emergency. The Employer agrees to discuss the proposed change in regular work week with the Association prior to implementation but this discussion shall not constitute an obligation to bargain about the changes or their effects. 11.9 Compensatory Time: An employee may, at the employee's election, elect to receive compensatory time off in lieu of overtime subject to prior approval by the Court Administrator. Compensatory time off will be in lieu of overtime pay at the rate of one and one-half (11/2) times. Employees will be required to request the use of compensatory time in accordance with the procedure for requesting/scheduling annual leave. Employees shall have up to ninety (90) days from the date of accrual to use up the compensatory time. In no event will an employee's compensatory time accumulation exceed forty (40) hours. 11.10 District Court Work Hour Provisions: The Court Administrator has the right to assign employees to work up to ten (10) hours per day with the daily overtime threshold being ten (10) hours. The Court Administrator has the right to adjust the work hours at the end of the week to provide for a maximum of forty (40) hours Grant County - District Court Unit Page 22 Working Agreement 2021- 2022 worked if forty (40) hours is all the Court Administrator determines is necessary to provide services with respect to a particular employee or group of employees in the Court. Adjustment of the work hours to ten (10) hours in a work day is not subject to the change of work schedules notification criteria set forth in Sections 11.21 11.31 11.7, 11.9 and any other notice provisions which would impede the Court's ability to have an employee work ten (10) hours in a work day instead of eight (8) hours. These same notice requirements do not apply to the Court Administrator's right to change the work hours at the end of the week to provide for a maximum of forty (40) hours worked in a work week. ARTICLE XII - TOB CLASSIFICATIONS AND WAGES 12.1 The classifications, band/range, steps and rates of pay shall be as provided in the addenda of this agreement. Addendum A is a description of the salary and Pay Plan administration process. Addendum B reflects the 2021 and 2022 salary schedule as calculated and administered by the Director of Human Resources. This Article, Addendum A, and Addendum B are not subject to the grievance procedure. 12.2 Effective January 1, 2021, employees who have not left employment during 2021 will receive a two-point percent (2%) across-the-board increase to the 2020 Pay Plan. Only employees employed on the date of signature by the last signing party to this Agreement will be eligible for any increases. All calculations of these increases will be determined by the Director of Human Resources. Any employee who has left employment for whatever reason shall not be eligible for any pay increases. Effective the first day of the first full pay period of January 2022, the applicable and affected wage classifications will be increased by COLA as calculated and determined by the Director of Human Resources. Cost -of -Living -Adjustment (COLA) increase will be set as the percentage difference of the West Size Class B/C All Urban Consumers CPI, September to September. Only employees employed on the date of signature by the last signing party to this Agreement will be eligible for any increases. All calculations of these increases will be reflected in an updated and attached Addendum B —Pay Plan as determined by the Director of Human Resources. Any employee who has left employment for whatever reason shall not be eligible for any pay increases. Grant County - District Court Unit Page 23 Working Agreement 2021- 2022 12.3 In the event a new position is created, the Employer has the right to develop and establish the new classification/position. The wage rate will initially be established by the Employer through the salary evaluation process, and the Association will be notified of this wage rate. If the Association disagrees with the wage rate, then the parties agree to meet and negotiate only with respect to the wage rate. This section is not subject to the grievance procedure. 12.4 Employees become eligible for longevity pay after serving for a continuous year. After serving the continuous year, each employee will be eligible to receive longevity compensation at the rate of eleven dollars and seventy-two cents ($11.72) per month per year of service. The maximum any employee is eligible for is twenty (20) years of continuous service. At twenty (20) years, the maximum monthly longevity pay an employee would be eligible for is two hundred thirty- four dollars and forty cents ($234.40). As an example, if an employee were continuously employed for ten (10) years by Grant County, the employee would be eligible for one hundred seventeen dollars and twenty cents ($117.20) per month longevity pay. 12.5 Bi -Lingual Premium Pad: Employees who are appointed to serve in bi-lingual interpreter status by the department head/elected official will receive seventy-five dollars ($75.00) per month. The pay will be given to qualified employees who are appointed to serve in a bi-lingual interpreter status by the Elected Official/Department Head in response to the need of the workplace. The Elected Official/Department Head alone will determine the need for interpretation services and the number of staff required. Bi -lingual employees not appointed to serve in a bi-lingual interpreter status will not be required to use a foreign language as a condition of employment. Employees hired into an identified interpreter position will not be eligible for the pay. Current interpreter staff will be used to determine if employees seeking bi-lingual pay are adequately proficient to communicate with citizens in Spanish. The interpreter will be asked to sign a written statement attesting to his/her opinion that the employee has demonstrated adequate skills. If the current interpreter staff is not available, the parties may agree to an alternative interpreter. If the criteria and standards need to be improved or adjusted, the parties will meet in alabor-management committee of two (2) management (Human Resources Director and one other) and two (2) Association representatives for recommendatory purposes only subject to review by each party's labor attorney. Eligibility for bi-lingual pay will only commence in the payroll period following Grant County - District Court Unit Page 24 Working Agreement 2021- 2022 final acceptance by both parties of the criteria and standards. The assignment of duties will be verbal and/or written direction from management. Itis the intent of the parties that Spanish language fluency alone will not determine who is appointed under this section. The intent is that employees who are regularly required to speak Spanish will be considered for appointment to receive the premium. ARTICLE XIII - BULLETIN BOARD The Employer agrees to furnish and maintain a suitable bulletin board in a convenient place in each -work area to be used by the Association. ARTICLE XIV - UNION ACTIVITIES 14.1 The Court Administrator may permit Association representatives to carry out limited functions subject to prior approval by the Court Administrator. A request for such time must be submitted prior to the anticipated function and is subject to the determination of the Court Administrator. 14.2 The Court Administrator may permit an accredited representative of the Association to have access to Employer premises during working hours for Association business subject to the determination of the Court Administrator with respect to whether such access would in any way interfere and/or hamper work, services, efficiency and/or productivity. 14.3 Member Representatives: The Union will provide the Employer with the names and contact information of member representatives with authority to act on behalf of the Union by investigating issues, providing guidance for members, and participating in representational activities. Updates will be provided to the Employer as they occur. ARTICLE XV - SICK LEAVE 15.1 Leave with pay allowed employees working on a regular monthly basis who are absent from work for any of the following reasons: a. Because of and during illness or injury incapacitating the employee to perform his/her duties. Grant County - District Court Unit Page 25 Working Agreement 2021- 2022 b. By reason of exposure to contagious disease during such period as his/her attendance on duty would jeopardize the health of fellow workers or the public. C. Because of illness, or death in the immediate family requiring the attendance of the employee (family includes only the following persons related by blood, marriage or legal adoption in the degree of grandparents, parents, wife, husband, brother, sister, child or grandchild, or any relative living in the employee's household) . d. Bereavement Leave: In case of death in the immediate family, up to twenty- four (24) hours with pay will be granted. Additional days may be granted for travel at the employee's request. Additional days granted will be deducted from earned sick leave days. e. An employee may use the employee's accrued sick leave to care for a child of the employee under the age of eighteen (18) with a health condition that requires treatment or supervision. f . In accordance with Washington State statute (RCW chapter 49.12 and WAC chapter 296-130), employees shall be allowed to use available sick leave or other paid time off, including vacation time, to care for a sick child or other family members (spouse, parent, parent -in-law, or grandparent). g. Doctor appointments. 15.2 Any sickness shall be reported to the Court Administrator at the beginning of the illness and prior to the beginning of the work day. Upon returning to work an employee shall submit a request for sick leave and maybe asked to briefly explain in this request the basis for the request. The Court Administrator may require a medical certificate and/or a doctor's verification of illness for any sick leave absence; provided, however, the Court Administrator may choose to administer this requirement of a certificate and/or verification on the basis of a three (3) calendar day instance of sick leave absence where the Administrator believes the basis of the request is reasonably supported in the return to work request for sick leave. 15.3 Sick leave is accrued at the rate of eight (8) hours for each completed month of service and is accumulated up to a total of nine hundred sixty (960) hours, after Grant County - District Court Unit Page 26 Working Agreement 2021- 2022 which time it lapses month by month. Sick leave accruals are calculated on the 15th of each month, and employees must be in pay status fifteen (15) or more calendar days of the month in order to be eligible to accrue sick leave. An employee accrues eight (8) hours during the initial month of employment if the employee is placed on the payroll on or before the fifteenth (15th) of the month and actually works continuously through the end of the month. An employee terminating the employment relationship with Grant County accrues no sick leave time during the month of termination unless the individual is in pay status through the fifteenth(15th)of the month of termination. 15.4 All accumulated sick leave is canceled automatically when an employee is separated from service but is restored when an employee is re -appointed to the same department or is employed by another department within twelve (12) months from the date of separation from service. 15.5 Fifty percent (50%) of the accumulated sick leave may be paid as severance pay where severance is made as a result of retirement under Social Security; twenty- five percent (25%) payment of accumulated sick leave in event of termination by the employee in good standing after ten (10) years of continuous service; one hundred percent (100%) payment of accumulated sick leave up to nine hundred and sixty (960) hours in the event of the employee's death. All of these provisions are subject to the application of Section 15.6 below. 15.6 For employees under the PERS I retirement system the following provisions shall be applicable instead of the provisions contained in Section 15.5. This provision was effective as of January 1, 1985. Under the terms of SHB -843 the following shall prevail: In the event of separation due to retirement, an employee will forfeit all sick leave accumulated during the highest consecutive twenty-four (24) months of compensation preceding such separation. An employee will be paid for accumulated sick leave as outlined above, less that accumulated during the highest consecutive twenty- four (24) months of compensation. That sick leave accumulated during the twenty-four (24) months will be a separate bank and the employee may utilize that bank of hours for sick leave only and will not receive any compensation of unused hours at date of termination of employment. Grant County - District Court Unit Page 27 Working Agreement 2021- 2022 15.7 Paid Family Medical Leave a. The Paid Family & Medical Leave program is a mandatory statewide insurance program, administered by the Employment Security Department (ESD), which provides paid family and medical leave to eligible employees. Washington's Paid Family and Medical Leave program does not replace the federal Family and Medical Leave Act (FMLA), and in many cases, PFML and FMLA will run concurrently. b. Grant County supports each employee's right to seek and obtain benefits through the PFML program. In addition, effective the date of signing, the Employer agrees to: i. Allow Employees to use annual leave, sick leave, personal holiday, or compensatory time during a period when the Employee is waiting for confirmation of PFML benefits. ii. Allow Employees to use annual leave, sick leave, personal holiday, or compensatory time as a supplemental benefit during a period when the Employee is receiving partial wage replacement from PFML as a supplemental benefit. iii. Allow Employees the ability to not use any banked leave during waiting period, processing period, or to supplement PFML benefit. iv. Employees are responsible for communicating their intended use of annual leave, sick leave, personal holiday, or compensatory time when submitting their hours of work initially and not retroactively." 15.8 Long -Term Care WA Cares Fund: Effective January 1, 2022, employees covered by this agreement will be subject to rights and responsibilities of Title 50A RCW and related rules as it applies to the WA Cares Fund and long-term care. ARTICLE XVI - MILITARY LEAVE The Military Leave Policy and Procedures will be set forth in the "Grant County Policy & Procedure Manual" Policy. Grant County - District Court Unit Page 28 Working Agreement 2021- 2022 ARTICLE XVII- CIVIL LEAVE / JURY LEAVE 17.1 The Court Administrator shall allow any necessary leave to permit an employee to serve on a jury. If an employee is subpoenaed to appear in a case, civil leave will be provided. When such leave is granted, compensation is paid by the department for the time absent only in the amount which exceeds the compensation received for the approved jury leave not to exceed a normal day's pay. When an employee is released from jury duty, said employee shall immediately report to work. 17.2 The Court Administrator may allow employees to attend meetings (other than official departmental meetings) which are of direct concern to the department. Attendance is subject to prior approval by the Court Administrator based on the Court Administrator's analysis and determination of staffing requirements. Time allowed for such leave and provision for expenses are at the discretion of the Court Administrator. ARTICLE XVIII - FAMILY & MEDICAL LEAVE The Family and Medical Leave Policy and Procedures will be set forth in the "Grant County Policy & Procedure Manual" Policy. ARTICLE XIX - EDUCATION LEAVE At the discretion of the Court Administrator, employees may be granted leave of absence for educational purposes to attend conferences, seminars, briefing sessions, or other functions of a similar nature that are intended to improve or upgrade the individual's skill or professional ability. The total cost including books, tuition, transportation, and other authorized expenses shall be provided by the Employer. ARTICLE XX - ANNUAL LEAVE 20.1 Annual leave with full pay is allowed to an employee working on a regular full- time or part-time monthly basis who has been in the continuous employment of the County six (6) months. Such leave is in addition to holidays. Grant County - District Court Unit Page 29 Working Agreement 2021- 2022 20.2 Effective January 1, 2019, annual leave may be accumulated to a total of two hundred forty (240) hours above the current year's accrual; provided, however, all unused annual leave in excess of two hundred forty (240) hours as of December 31 of any year shall lapse. Annual leave accruals are calculated on the 15th of each month and employees must be in pay status fifteen (15) or more calendar days of the month in order to be eligible to accrue annual leave. 20.3 Annual leave accumulated at the end of six (6) months of service in a department by full-time employees maybe taken in the following month or subsequent month upon the mutual agreement of the employee and the department, taking into consideration the seniority of service of the employee. Prorated annual leave accumulated at the end of the full-time equivalency of six (6) months of probationary service by regular part-time employees may be taken subject to the Court Administrator's approval. Upon completion of the probationary period, an employee's leave record will be credited with the appropriate annual leave. If the employee does not successfully complete the probationary period, annual leave is not earned and not payable. 20.4 Annual leave to be taken when it will least interfere with the work of the department as determined by the Court Administrator. Annual leave may be used for sick leave at the employee's discretion. 20.5 Annual leave days are earned by employees whose employment is continuous and satisfactory. These days comprised of eight (8) hours for each are credited to the employee as follows Accrual Rate: (12 month period on Anniversary date) Grant County -District Court Unit Page 30 Working Agreement 2021- 2022 Days per month Days per year 1st year 1 12 2nd year 1.0834 13 3rd year 1.25 15 4th year 1.25 15 5th year 1.4167 17 6th year 1.4167 17 7th year 1.4167 17 8th year 1.4167 17 9th year 1.4167 17 Grant County -District Court Unit Page 30 Working Agreement 2021- 2022 10th year 1.5834 19 11th year 1.5834 19 12th year 1.5834 19 13th year 1.5834 19 14th year 1.5834 19 15th year 1.8334 22 20.6 Leave without pay may be granted under the following conditions: a. Subject to mutual agreement between the employee and Court Administrator. b. Subject to the work load or service requirements in the department as determined by the Court Administrator. C. Leave without pay is limited to a maximum of twelve (12) months in any five (5) year period. d. All leaves without pay are subject to review by the Grant County Board of Commissioners. e. Employees on leave without pay are not entitled to accrue any benefits, seniority and/or time in service rewards. These employees will be responsible to pay for their own insurance benefits while on leave without pay if they elect to continue said insurance. 20.7 Vacation Schedule: The Court Administrator has the right to determine how many Employees will be allowed to schedule vacation. Although normally the Court Administrator will not permit more than two Employees to be off vacation, depending on the cross -training and rotation of desks as well as responsibilities throughout the District Court operations, the Court Administrator may allow more than two Employees to be off on vacation if the Court Administrator determines there is satisfactory coverage for the responsibilities to be carried out. If the Employer is satisfied with the cross- training process and rotation from desk to desk for learning/training purposes with regard to the various duties, the Employer will discuss during the term of the Agreement an approach whereby employees could sign up for vacation on a seniority basis for set vacations during the course of the year. If the cross -training and desk rotation process is progressing well, the Court Administrator will also make arrangements for short Grant County - District Court Unit Page 31 Working Agreement 2021- 2022 notice time off if satisfactory service can be assured for District Court operations. The Court Administrator has the right to assign any Employee to any desk and/or responsibility in the process of covering for vacation leave. These provisions are not subject to the grievance procedure. ARTICLE XXI - HOLIDAYS 21.1 Employees shall be entitled to the following legal holidays: New Year's Day Martin Luther King's Birthday Presidents' Day Memorial Day Juneteenth Independence Day Labor Day Veterans' Day Thanksgiving Day Day After Thanksgiving Day Christmas Eve Christmas Day January 1st Third Monday in January Third Monday in February Last Monday in May June 19th July 4th First Monday in September November 11th Fourth Thursday in November December 24th December 25th In order to meet the statutory requirements of the Courts, employees may be required to work a designated County holiday due to the needs of the Courts. Employees required to work a designated holiday will be compensated according to contract language below. 21.2 Regular full-time employees shall receive eight (8) hours holiday pay for each of the holidays listed above on which they perform no work. Regular part-time employees will be paid holiday pay at their appropriate prorated percentage, based on the number of hours regularly scheduled to work for each of the holidays listed above on which they perform no work. Part-time employees or full-time employees working over eight (8) -hour shifts (Lix,. four (4) ten (10) hour shifts) will be required to use annual leave as necessary for a full "day's" holiday compensation. 21.3 If the Court Administrator determines that an alternative day shall be taken because of work necessity or work requirements, then the affected employees and Grant County - District Court Unit Page 32 Working Agreement 2021- 2022 the Court Administrator will determine, by mutual agreement, an alternative holiday schedule 21.4 If the Court Administrator determines that an alternative day shall be taken because of work necessity or work requirements, then the affected employees and the Court Administrator will determine, by mutual agreement, an alternative holiday schedule. 21.5 Any regular full time or part time employee required to work on a holiday shall receive his/her regular rate of pay plus one and one-half (11/z) the regular rate; provided, however, if the provisions of 21.3 or 21.4 are applicable (Court Administrator's determination of the need for an alternative holiday time frame), then the provisions of this Section are inapplicable to regular full-time and/or regular part-time employees. ARTICLE XXII - HEALTH AND WELFARE 22.1 Medical coverage shall commence on the first day of the month following the date of hire or on that day if they are the same date. 22.2 Medical coverage shall cease on the last day of the month that employment ends or on the same day if they are the same date. Eligibility is determined by the Summary Plan Description. 22.3 Employees will have access to two (2) insurance plans: either the Core Plan or the Buy -Up Plan. These two plans are subject to update as recommended by the Health and Wellness Committee (HWC) and subject to approval by the County Commissioners. Core Plan Premium Share Contributions for full-time regular employees: Employee Only Tier: Employer Portion 100% All Dependent Tiers: Employer Portion 85% Employee Portion 0% Employee Portion 15% Grant County -District Court Unit Page 33 Working Agreement 2021- 2022 Employer will pay toward the Core Plan one hundred percent (100%) of the funding level as established by the Board for the employee -only tier. The Employer will pay eighty-five percent (85%) of the funding level as established by the Board for the Core Plan for all dependent tiers, and Employees shall pay fifteen percent (15%) by payroll deduction. Buy -Up Plan Premium Share Contributions for full-time regular employees: Employer and Employee premium share contributions for the Buy -Up Plan are derived from the Employer and employee premium share contributions of the Core Plan funding levels shown above. The Employer will contribute the equivalent value of the Core Plan premium share toward the Buy -Up Plan premiums. Any amounts exceeding the Core Plan funding level Employer contribution shall be the sole responsibility of the employees and shall be paid by payroll deduction. Premium contribution for part-time regular employees: The Employer contribution to the employee only portion for part-time regular employees is as described above for full-time regular employees. Employees may elect dependent coverage but are responsible for full payment of premium expense by payroll deduction. All calculations shall be determined by the Director of Human Resources. 22.4 The Association and/or the employee will indemnify and hold the Employer harmless from any and all claims made and against any and all suits instituted, against an insurance carrier regarding a disagreement with said carrier relating to a claim and/or coverage. 22.5 Disputes regarding insurance claims and/or coverage are between the insurance company and the employee and are not grievable by the Association and/or the employee so long as the dispute was not as a result of action by the Employer. 22.6 Reopener: If the Board and Human Resources Director determine there is a need to reopen the insurance article to address different providers, different benefit levels and/or different contribution levels, the parties agree to immediately commence negotiations shortly after written notification. The parties shall negotiate for up to sixty (60) calendar days. If an agreement is reached it shall be Grant County -District Court Unit Page 34 Working Agreement 2021- 2022 ARTICLE XXVI - TERM OF AGREEMENT This Agreement shall be effective January 1, 2021, except as otherwise indicated and will remain in full force and effect until December 31, 2022. Negotiations may be requested by either party to this Agreement ninety (90) days before the expiration of this Agreement. DATED this r da of 2022. BOARD OF COUNTY COMMISSIONERS Danny one, Chairperson �9 Rob Jon--e-s;,-*Vice Chairperson a[J(p} J Cindy Carter, Commissioner GRANT COUNTY DISTRICT COURT /in Brian Barlow, Presiding District Court Judge GRANT COUNTY PUBLIC EMPLOYEES' ASSOCIATION - r�16 �v Mel Lotz, President Grant County - District Court Unit Page 37 Working Agreement 2021- 2022 implemented after the agreement in the next payroll period when administratively feasible. If an agreement is not reached during the reopener negotiations and the need for insurance changes is time sensitive as ascertained by the Board and the Human Resources Director, the Employer may implement the changes to be effective immediately when the changes can be administratively carried out. If the Union desires to continue the bargaining process beyond the Employer's implementation, then the parties shall continue through the negotiation's procedures contained in Chapter 41.56, RCW. If the outcome of the continued impasse resolution process through mediation modifies the Employer implemented changes, such modifications shall be prospective only and shall not apply retroactively. ARTICLE XXIII - DRUG TESTING POLICY The Drug and Alcohol Testing Policy and Procedures will be set forth in the "Grant County Policy & Procedure Manual" Policy. ARTICLE XXIV - SAVINGS CLAUSE If any provision of this Agreement is legally invalidated by legislative enactment or competent court decree, the parties will meet and negotiate about such provision. However, the remaining provisions of the contract will remain in full force and effect. ARTICLE XXV - ENTIRE AGREEMENT The terms hereof cover the entire Agreement between the parties, and all rights not specifically abridged or limited herein are reserved exclusively to the Employer, regardless of whether or not such rights have previously been exercised by the Employer. There shall be no verbal or written agreement between the Employer and the employees in violation of this Agreement. This Agreement contains all of the covenants, stipulations and provisions agreed upon and no representative of either party has authority to make, and none of the parties shall be bound by any statement, representation or agreement reached prior to the signing of this Agreement and not set forth herein. Grant County - District Court Unit Page 35 Working Agreement 2021- 2022 ADDENDUM A — Salam Administration Procedure A new hire will be placed at the appropriate salary range at step 1 based on the study and subject to prior review by the Human Resources Department and subject to prior approval by the Board of County Commissioners. An employee will progress to step 2 after 6 months of successful service and, subsequently, to step 3 after another 6 months of successful service. Thereafter, incumbents will progress to next higher steps in annual increments until reaching range maximum. The steps within the pay plan will continue unless the parties negotiate to discontinue the steps prior to the end of the last year of the CBA. Exceptions: • New hires may be placed at rates above step 1 in rare instances where the person brings exceptional experience, training, specialized knowledge and/or essential credentials. This may be done subject to prior review by the Human Resources Department and subject to prior approval by the Board of County Commissioners. • Present employees promoted into a job with a higher band allocation may be placed at the new salary range step that would result in a "promotional"' salary increase subject to prior review and recommendation of the Human Resources Department and subject to prior approval by the Board of County Commissioners. Promotional salary increase means the step in the new salary range which provides the employee with an increase in pay not necessarily the same step as the prior salary range step. • In rare instances, severe market pressures on specific jobs may be considered for recruitment of candidates in very high demand subject to prior review of the Human Resources Department and subject to prior approval by the Board of County Commissioners. Normally, a new recruit will not be placed in a salary step higher than any present incumbent in the same job class who is performing at a fully competent level except in circumstances where the person brings exceptional experience, training, specialized knowledge and/or essential credentials to the job. This assessment is subject to prior review by the Human Resources Department and subject to prior approval by the Board of County Commissioners Progression Increases: • Employees will progress to next higher step at annual salary adjustment time, until their salaries reach top step. ADDENDUM B - 2021 and 2022 Pay Plan rnnn-1 Tl T1 GUG 1 1 d�/ 1 ldl 1 rob Title Band 1 2 3 4 5 6 7 Records Clerk 2 H $17.88 $18.42 $18.95 $19.48 $20.01 $20.53 $21.04 P $1,549.60 $1,596.40 $1,642.33 $1,688.27 $1,734.20 $1,779.27 $1,823.47 Y $371190.40 $38,313.60 $39,416.00 $401518.40 $41,620.80 $42,702.40 $431763.20 Clerk 1 3 H $18.56 $19.12 $19.67 $20.22 $20.77 $21.31 $21,84 P $1,608.53 $1,657.07 $1,704.73 $1,752.40 $11800,07 $1,846.87 $1,892.80 Y $38,604.80 $39,769.60 $401913.60 $42,057.60 $431201.60 $44,324.80 $45,427.20 Clerk 2 5 H $20.05 $20.65 $21.25 $21.85 $22.44 $23.02 $23.60 P $1,737.67 $1,789.67 $1,841.67 $1,893.67 $1,944.80 $1,995.07 $2,045.33 Y $41,704.00 $42,952.00 $44,200.00 $45,448.00 $46,675.20 $47,881.60 $49,088.00 Clerk 3 7 H $21069 $22.34 $22.99 $23.63 $24.27 $24.90 $25.52 P $1,879.80$1,936.13' $1,992.47 $2,047:93 $2,103.40 $2,158.00 $2,211.73 Y $45111.5.20 $46,467.20 $47,819.2.0- $49,150.40 $50,481.60 $51,792.00 $53,081.60 Interpreter Clerk 8 H $22.62 $23.30 $23.98 $24.65 $25.32 $25.98 $26.63 P $11960.40 $2,019.33 $2,078.27 $2,136.33 $2,194.40 $2,251.60 $2,307.93 Y $47,049.60 1 $48,464.00 $49,878.40 $51,272.00 $52,665.60 $54,038.40 $55,390.40 r-► n n rn T> rl1 GUGG 1 cl y F ldi t Job Title Band 1` 2 3 4 5 6 Records Clerk 2 H $18.90 $19.47 $20.03 $20.59 $21.15 $21.70 $22.24 P $1,638.00 $1,687.40 $1,735.93 $1,784:47 $1,833.00 $1,880.67 $1,927.47 Y $39,312.00 $40,497.60 $41,662.40 $42,827.20 $43,992.00 $45,136.00 $46,259.20 Clerk 1 3 H $19.61 $20420 $20.79 $21.37 $21.95 $22.52 $23.08 P $1,699.53 $1,750667 $11801.80 $1,852.07 $1,902.33 $1,951.73 $2,000.27 X $40,788.80 $42,016.00 $43,243.20$44,449.60 $45,656.00 $46,841.60 $48,006.40 Clerk 2 5 H $21.19 $21.83 $22.46 $23.09 $23.71 $24.33 $24.94 P $1,836.47 $1,891.93 $1,946.53 $2,001.13 $2,054.87 $2,108.60 $2,161.47 Y $44,075.20 $45,406.40 $46,716.80 $48,027.20 $49,316.80 $50,606.40 $51,875.20 Clerk 3 7 H $22.92 $23.61 $24.29 $24.97 $2:5.64 $26.31 $26.97 P $1,986.40 $2,046.20 $2,105.13 $2,164.07 $2,222.13 $2,280.20 $2,337.40 Y $471673.60 $49,108.80 $50,523.20 $51,937..60 $53,331.20 $541724.80 $56,097.60 Interpreter Clerk 8 H $23.90 $24.62 $25.33 $26.04 $26.74 $27.44 $28.13 P $2,071.33 $2,133.73 $2,195.27 $2,256.80 $2,317.47 $2,378.13 $2,437.93 Y $49,712.00 $51,209.60 $52,686.40 $54,163.20 $55,619.20 $57,075.20 $58,510.40 The steps within the pay plan will continue unless the parties negotiate to discontinue the steps prior to the end of the last year of the CBA. Employees will progress to the next applicable step on the first day of the new pay period following the anniversary of the position date (excludes employees at Step 7). Grant County -District Court Unit Page B-1 Working Agreement 2021- 2022 The bands on the attached Pay Plan are those which apply to employees within the bargaining unit. Employees remain in the same band but may be eligible for a step increase subject to the provisions of Addendum A. To be eligible for retroactive pay, an employee must be in an active employment status as of the date of signing. Any employee who has left employment for whatever reason before signature by the last signing party shall not be eligible for any pay and step increases. Any employees who leave employment before the effective date of any increases shall not be eligible for any pay and step increases. The Human Resources Director shall make the final determination with regard -to pay and step increases eligibility. PAY PERIODS: The payroll period will be once every two weeks. This is also known as bi-weekly. Employees will be paid every other Friday as had been done in the past. The County will arrange the transition to bi-weekly and to begin using NOVAtime as the County's time and attendance software on a date of their choice with a minimum of 60 - day notice to the Union. Grant County - District Court Unit Page B- 2 Working Agreement 2021- 2022