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HomeMy WebLinkAboutAgreements/Contracts - Solid WasteK22-117 CO*"** AM Al WORKING AGREEMENT By and Between GRANT COUNTY And GRANT COUNTY PUBLIC EMPLOYEES ASSOCIATION SOLID WASTE UNIT JANUARY 1, 2022 To DECEMBER 31, 2022 3 " -p MIT C 0 U �,ITY 0 0iA NI Table of Contents PREAMBLE PRODUCTIVITY ARTICLE I - RECOGNITION ARTICLE II- UNION MEMBERSHIP DUES CHECKOFF ARTICLE III - DEFINITIONS ARTICLE IV - EQUAL EMPLOYMENT OPPORTUNITY ARTICLE V - MANAGEMENT RIGHTS ARTICLE VI - STRIKES AND LOCKOUTS ARTICLE VII - JOB POSTING ARTICLE VIII - SENIORITY ARTICLE IX - DISCIPLINE ARTICLE X - GRIEVANCE PROCEDURE ARTICLE XI - HOURS OF WORK ARTICLE XII - JOB CLASSIFICATIONS AND WAGES ARTICLE XIII - BULLETIN BOARD ARTICLE XIV - UNION ACTIVITIES ARTICLE XV - SICK LEAVE ARTICLE XVI - MILITARY LEAVE ARTICLE XVII- CIVIL LEAVE / JURY LEAVE ARTICLE XVIII - FAMILY & MEDICAL LEAVE ARTICLE XIX - EDUCATION LEAVE ARTICLE XX - ANNUAL LEAVE ARTICLE XXI - HOLIDAYS ARTICLE XXII - HEALTH AND WELFARE ARTICLE XXIII - DRUG TESTING POLICY ARTICLE XXIV - TRAINING ARTICLE XXIV - SAVINGS CLAUSE ARTICLE XXV - ENTIRE AGREEMENT ARTICLE XXVI - TERM OF AGREEMENT ADDENDUM A - Salary Administration Procedures ADDENDUM B - 2022 Pay Plan Grant County - Solid Waste Working Agreement - 2022 1 1 1 2 3 6 6 8 9 9 10 17 20 21 24 24 24 26 26 27 28 28 30 31 33 33 33 33 34 A-1 B-1 Page 1 PREAMBLE This Agreement entered into by and between the Grant County Public Employees' Association, hereinafter referred to as the "Association," and the Board of Commissioners, 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. PRODUCTIVITY It is mutually agreed that the Employer and the Association shall work together individually and collectively to meet the production requirements of these dep artments, to provide the public with efficient and courteous service, to encourage good attendance of employees, and to promote a climate of labor relations that will aid in achieving a high level of efficiency in these departments of County government. ARTICLE I - RECOGNITION 1.1 The Board recognizes the Association as the designated representative of non - supervisory and non -confidential Grant County Solid Waste employees (including temporary and seasonal): Operator, Laborer, Landfill Attendant and Program Coordinator for the purpose of collective bargaining with respect to wages, hours and working conditions. Excluded from this contract are the Director of Public Works, Assistant Director of Public Works, Finance Manager, Administrative Support Manager, supervisory personnel, confidential personnel, and all other employees of the County. 1.2 It shall be a condition of employment that all employees of the Employer, covered by this Agreement, who are members of the Union in good standing on the execution date of this Agreement shall remain members in good standing and those who are not members on the execution date of this Agreement shall, on or before the thirtieth (30th) day following the execution date of the Agreement, become and remain members in good standing in the Association. It shall also be a condition of employment that all employees covered by this Agreement and hired on or after its execution date, shall on the thirtieth (30th) day following the beginning of such employment, become and remain members in good standing in the Association. Grant County -Solid Waste Working Agreement 2022 Page 1 1.3 There shall be no soliciting of employees for Association membership during working hours. Any employee who does so shall be subject to disciplinary action including dismissal. 1.4 County facilities shall not be used for any activities without first receiving approval from the appropriate department head. 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 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. Grant County -Solid Waste Working Agreement 2022 Page 2 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) month 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. 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. Part-time employees are paid on a prorated basis at the rate of the applicable classification. Part-time employees are eligible to earn and accrue annual leave and sick leave on a -pro -rated basis. Part- time employees are eligible for pro -rated holiday pay. 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 Employees: Any employee other than those defined in Sections 3.1, 3.3, and 3.4. 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. Grant County -Solid Waste Working Agreement 2022 Page 3 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. "CALL TIME" means two (2) hours minimum at the rate of time and one- half (1.5) for those situations in which an employee is instructed to return to work. C. "DISCHARGE" means the termination of employment. d. "FULL-TIME EMPLOYMENT" means regularly scheduled employment on an average of forty (40) hours per week. e. "HOLIDAYS" means paid non -work days for County employees as specified in the Holiday Article XXI. f. "OVERTIME" means work previously authorized by the elected official or department head and performed in excess of the scheduled work day or in excess of forty (40) hours in a work week. g. "POSITION" is a description of duties and responsibilities assigned to an employee. A position may be filled or vacant as determined by the Board, elected official or department head. Said position may be full-time, part- time. h. "DEPARTMENT HEAD" means elected official and/or appointed department head. 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 Grant County -Solid Waste Working Agreement 2022 Page 4 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. Pavroll 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 necessary for defense of Grant County actions. Legal defense files may not be used for disciplinary purposes. 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. Grant County -Solid Waste Working Agreement 2022 Page 5 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, 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 an 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. 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, lawful powers, and legal authority. All matters not expressly covered by the language of this Agreement or by state law shall be administered for the duration of this Agreement by the 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 to wages, hours and working conditions are inclusive of, but is 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 be posted and provided to affected employees. Grant County -Solid Waste Working Agreement 2022 Page 6 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 the public interest. 5.3 The right to hire, layoff and promote employees as deemed necessary by the Employer in accordance with the provisions of this Agreement. 5.4 The right to discipline 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 actions necessary to implement service during said emergency. An emergency shall be a sudden or unexpected happening or situation that calls for action without delay. The Employer will first take into consideration the safety of the employees. 5.8 The Employer 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 Employer 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; provided, 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 (in which case practical notice is advised), to the Association and shall provide the Grant County -Solid Waste Working Agreement 2022 Page 7 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 Employers 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. 5.12 Furlough: 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 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 The Employer agrees that there will be no lockouts except in the event the Association and/or the employees violate the terms of this Article. Grant County -Solid Waste Working Agreement 2022 Page 8 ARTICLE VII - TOB POSTING 7.1 When a vacancy occurs within the bargaining group in the Public Works Solid Waste Department and if the Employer chooses to fill such vacancy, it shall be posted at all reporting locations within five (5) working days. All fully qualified existing regular employees covered by this Agreement shall be eligible to apply for said opening and if interested, shall submit an application in accordance with the instructions contained within said posting. 7.2 Employees will be offered training when training is available or a position is going to open for advancement based on the following factors: qualifications (not just minimum qualifications but also education, training, certificates, experience, skills and abilities), personnel record (disciplinary record, performance evaluations and quality of work) and seniority. The Director shall make a final determination as to the factors. If there is a dispute about the Director's determination, then the Association may refer the matter to the grievance procedure. 7.3 In the event an employee accepts a job change and in spite of conscientious effort fails to meet the job standards or decides he/she does not want to continue in the position within a thirty (30) day trial period he/she will revert to his/her former position without prejudice on the part of either party. 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 an employee has completed the required probationary period. Upon satisfactory completion of the probationary period, the employee shall be credited with seniority 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 be terminated/discharged without cause and without recourse at the discretion of the department head. 8.3 Qualifications (not just minimum qualifications, but also education, training, certificates, experience, skills and abilities), personnel record (disciplinary record, performance evaluations and quality of work) and seniority shall be the Grant County -Solid Waste Working Agreement 2022 Page 9 determining factors in layoffs, recall from layoffs, promotions and demotions. The Director shall make a final determination as to the factors. If there is a dispute about the Director's determination, then the Association may refer the matter to the grievance procedure. 8.4 Vacation shall be scheduled by seniority subject to the Employer's right to determine the number of Employees, if any, who may schedule a vacation during any particular week. 8.5 Seniority shall terminate upon discharge, resignation, retirement, pix (6) consecutive months of layoff, and for unexcused absence of three (3) or more days in duration. No regular employee shall be terminated except for just cause after the successful completion of the probationary period. A seniority list will be posted, and a copy provided to the Association once per year only if requested and only if new employees are added. ARTICLE IX - DISCIPLINE 9.1 The Employer 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, Department Heads, or Elected Officials; f . Conviction, plea bargaining, deferred prosecution, or any other alternative disposition of a criminal charge which the department head or elected official believes would have an adverse effect regarding an employee's work, relationships with current employees/Employer, or brings into question continued suitability in the department; Grant County -Solid Waste Working Agreement 2022 Page 10 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; L 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, abandonment of position (3 days of No Call/No Show with documented attempts to contact employee; 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; o. Any breach of confidentiality requirements, whether written or verbal, regarding confidential matters as determined by the Employer; 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 Employer; q. Failure to timely complete tasks as assigned by the Employer; r. Dishonesty; S. Any other just causes as determined, from time to time, by the Employer based on office procedure changes determined by the Employer; Grant County -Solid Waste Working Agreement 2022 Page 11 t. Any other just causes supported and consistent with case law and/or arbitration cases. 9.2 The Employer 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 Employer 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 Employer. The Employer 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 Employer makes a determination that the circumstances warrant imposition of a more severe form of discipline up to and including discharge or 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. 9.3 Investigation process: If the Employer is informed of potential misconduct(s) and/or violation(s), the Employer, 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 Employer's being notified of a potential violation and/or misconduct, the Employer has the right to conduct an investigation to Grant County -Solid Waste Working Agreement 2022 Page 12 ascertain facts. The Employer 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 Employer 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 may be 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. 9.3.6 Upon conclusion of the interviews and review of the facts, the Employer 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 apre-determination (Loudermill) meeting. 9.3.7 If the Employer determines early in the investigatory process that there is no merit to continuing, the Employer can cease the investigation and so inform the employee and Association. Grant County -Solid Waste Working Agreement 2022 Page'13 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 Employer may reprimand, suspend without pay, or terminate an employee only for just cause. In the event the Employer determines that an employee may be suspended without pay or terminated for alleged violations and/or alleged misconduct(s), then the Employer will issue aletter/notice of pre -determination (Loudermill) meeting to the employee and Association representative setting forth the alleged violations and/or misconduct(s) with information obtained during the investigation. Prior to reaching a decision to suspend without pay or terminate an employee, the Employer 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 Employer in the event of a grievance and/or arbitration. Thereafter, the Employer shall make a determination as to whether to proceed with suspension without pay or termination. The Employer's decision will be in writing with an explanation of the basis for the disciplinary action. Grant County -Solid Waste Working Agreement 2022 Page 14 9.5 When the Elected Official or Department Head or their designee 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 Employer may immediately suspend with pay the employee pending the outcome of an investigation. 9.6 If the Employer 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 Employer 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. 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 Employer then the Employer 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 Grant County -Solid Waste Working Agreement 2022 Page 15 PCP within the twenty-four (24) month period, then the written reprimand and/or PCP will be removed from the employees 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 Employer then the Employer has the right to keep them for liability defense purposes permanently but not for disciplinary purposes. 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 Employer in a grievance arbitration hearing. The Employer 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 Employer in a separate file and may be used by the Employer for the purposes of defending and/or litigating civil and/or criminal proceedings. d. 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 rnal<e 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 Employer in any grievance and/or arbitration. All evidence of an investigation will be removed at the same time the underlying discipline is removed. e. References, written facts, and all documentation involving suspensions without pay and/or terminations shall remain permanently in an employee's personnel file. f. 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. These files will be maintained separately from other personnel files and under the authority of the Human Resources Director. 9.09 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 may be extended by mutual agreement. 9.11 For those employees who must drive vehicles to carry out their job as determined by the Employer, 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 Grant County -Solid Waste Working Agreement 2022 Page 16 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 is 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 offense of dishonesty 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. 10.3 Filing of Grievance: If the Association and/or employee believe 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 grievance at an 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 sections(s) of the contract which were allegedly violated, and the specific remedy requested. 10.4 Nothing shall prohibit an employee or the Association from raising an issue with the Employer and seeking resolution prior to filing a grievance; provided, however, it shall not modify the applicable time limitations in the other sections. 10.5 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 Employer files a grievance in accordance with this section, the Employer will present, either by mail or in Grant County -Solid Waste Working Agreement 2022 Page 17 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 to the Association President, the matter will be elevated to arbitration in accordance with the procedure contained in this article. 10.6 The formal grievance procedure shall be as follows: Step 1: The grievance shall be presented in written form to the Director of Public Works within thirty (30) calendar days from its occurrence. The Director shall respond in writing within thirty (30) calendar days after receiving said grievance. Ste -P 2: 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 presented to the Board of County Commissioners. The Board of County Commissioners has the option of holding a hearing within a reasonable period of time, issuing a written decision without a hearing within thirty (30) calendar days of submission, or referring the matter to arbitration. If a hearing is held, The Director will be represented, and the employee will be represented by an official of the Association. If a hearing is held, the Board shall issue a written decision within thirty (30) working days from the date of the grievance hearing Ste3: a. Final and Binding Arbitration: If the grievance has not been resolved at Step 2 above, either the Association, the Director or the Board of County Commissioners may refer the unsettled grievance to final and binding arbitration. b. Notice -Time Limitation: The referring party shall notify the other party in writing by mail of submission to arbitration within thirty (30) calendar days after receipt of the Step 2 response. Failure to notify the other party in writing will result in the grievance being forever waived and null and void. Grant County -Solid Waste Working Agreement 2022 Page 18 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 within a reasonable time from the date of selection. 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. (ii) 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. (iii) The arbitrator shall consider and decide only the question or issue raised in the initial written grievance. In conducting an 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. Grant County -Solid Waste Working Agreement 2022 Page 19 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 The standard workweek shall consist of five (5) consecutive standard workdays, not to exceed eight (8) hours each, and not exceed forty (40) hours per week and shall normally be scheduled Monday through Saturday. The working hours for each day shall normally fall between the hours of 5:00 A.M. and 6:30 P.M., with one-half (1/2) hour off for lunch. Multiple shifts are recognized. The Employer has the right to schedule employees to work four (4) ten (10) hour workdays. 11.2 Employees regularly reporting to the shop will report to the shop at starting time and shall travel on County time to and from work site. 11.3 Supervisors and foreman may modify or change scheduled hours and provide for special schedules, including circumstances where the Employer needs employees to work along with outside contractors and other circumstances involving the need for County employee's schedules to work with the hours of outside contractors in a manner which is most cost effective and efficient for the Employer. 11.4 Overtime shall be paid for all hours worked beyond eight (8) in one (1) day and beyond forty (40) in any one (1) week and on holidays, except when working a 4- 10 hour day schedule, in which case overtime will be paid for all hours worked beyond ten (10) hours in one (1) day and beyond forty (40) hours in one (1) week. 11.5 Any employee required to work on a holiday shall receive holiday pay for holidays as defined in Article XXI, plus pay at two (2) times the regular rate, Grant County -Solid Waste Working Agreement 2022 Page 20 11.7 Call -out time after assigned shift hours shall be paid at time and one-half (1-1/2) for a minimum of two (2) hours. Any overtime in excess of two (2) hours shall be paid at time and one-half (1-1/2) for actual time spent. 11.8 Compensatory time shall be administered in accordance with relevant provisions of the Fair Labor Standards Act. Compensatory time off will be at the rate earned. An employee may elect to receive compensatory time off in lieu of overtime pay, to be scheduled by mutual agreement between the employee and the Department Head at a time that will not restrict the County's ability to meet necessary work requirements. 11.9 All overtime shall be authorized in advance by the Supervisor except in emergencies. Saturday and Sunday work is not overtime when it is a regularly scheduled workday of the individual crew. 11.10 When required to stand by the employee shall be paid two (2) hours at one and one-half (1-1/2) times the regular rate for each eight (8) hour period required to stand by. Stand by is defined as that time in which an employee's supervisor requests that the employee be available at his/her residence or other mutually designated place, so he/she may be called out to work. Standby requests will be made in writing only. 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 is the 2022 Pay Plan as calculated and administered by the Director of Human Resources. This section, Addendum A. and Addendum B are not subject to the grievance procedure. 12.2 Effective January 1, 2022, employees who have not left employment during 2022 will receive afive-point six eight percent (5.68%) across-the-board increase to the 2021 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. Grant County -Solid Waste Working Agreement 2022 Page 21 12.3 In the event a new position is created, the Employer has the right to develop and establish the new classification. 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 Effective January 1, 2022, the Employer agrees to provide a three hundred seventy-five dollar ($375.00) per year clothing stipend for Landfill Operator, Laborer, Scale House Attendant and Program Coordinator. This stipend is paid in full during the first pay period in February each year. Anew employee becomes eligible to receive the stipend effective the first pay period following successful completion of his/her probationary period. 12.6 Employees working at a classification higher than their regular assigned classification shall be paid at the higher rate after ten (10) hours in a workweek retroactive to the first hour if qualified on that piece of equipment. If not qualified, the employee will receive the higher rate of pay after twenty (20) hours worked in a higher classification in a work week. 12.7 An employee working in a lower classification will not suffer reduction in wages unless permanently assigned to that classification. 12.8 The monthly rate of pay for regular part-time employees shall be determined by multiplying the percentage of the workweek worked by the appropriate rate of pay for the classification. Grant County -Solid Waste Working Agreement 2022 Page 22 12.9 Seasonal Employee Provisions: a. These would be individuals hired on the basis of temporary employees as defined in Article III. b. Temporary/Seasonal employees may be entitled to new hire status, if they have the qualifications for a position and if they are a successful applicant for said position. Said employee will have to serve the normal six (6) month probationary period. C. Temporary/Seasonal employees will be paid only for the actual hours worked. 12.10 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 final acceptance by both parties of the criteria and standards. The assignment of duties will be verbal and/or written direction from management. It is 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. Grant County -Solid Waste Working Agreement 2022 Page 23 ARTICLE XIII - BULLETIN BOARD The Employer agrees to furnish and maintain a suitable bulletin board in a convenient place in each reporting station to be used by the Association. ARTICLE XIV - UNION ACTIVITIES 14.1 The Employer may permit Association representatives to carry out limited functions subject to prior approval by the Employer/department head. A request for such time must be submitted prior to the anticipated function and is subject to the determination of the Employer/department head. 14.2 The Employer/department head 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 Employer/department head with respect to whether such access would in any way interfere and/or hamper work, services, efficiency and/or productivity. ARTICLE XV - SICK LEAVE 15.1 Leave with pay is allowed for 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. 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 three (3) days with pay will be granted. Additional days may be granted for Grant County -Solid Waste Working Agreement 2022 Page 24 travel at the Employee's request. Additional days granted for travel will be deducted from the earned sick leave days. e. An employee may use the employee's accrued sick leave to care for a child of the employee if the child is under the age of eighteen (18) with a health condition that requires treatment or supervision. 15.2 Sickness shall be reported to the immediate supervisor at the beginning of any period of such leave. Upon return to work an employee submits a formal request for approval of leave so taken. A medical certificate may be required for absence in excess of three (3) consecutive days. 15.3 Sick leave is accrued at the rate of eight (8) hours for each completed month of service and is accumulated at a total of nine hundred sixty (960) hours, after 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 will 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. Grant County -Solid Waste Working Agreement 2022 Page 25 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. ARTICLE XVI - MILITARY LEAVE 16.1 An employee who is a member of the National Guard or Reserves of the United States and who is ordered to active military duty for training purposes shall be granted military leave of absence with pay for a period not to exceed fifteen (15) working days each calendar year. Any days taken beyond fifteen (15) work days must be charged as annual leave. During the time he/she is on such leave, the employee shall receive his/her regular pay, plus the amount of his/her military pay. 16.2 Regardless of his/her status, any employee who voluntarily, or upon demand, leaves a position other than temporary to enter active duty in the armed forces of the United States or the Washington National Guard shall be placed on military lease without pay and shall be entitled to be restored to his/her former position, or one of like seniority, status and pay provided he/she applies for re-employment within ninety (90) days of his/her discharge or separation, and presents proof of honorable discharge or separation. ARTICLE XVII- CIVIL LEAVE / JURY LEAVE A department head shall allow any necessary leave to permit an employee to serve on a jury. When such leave is granted; compensation is paid by the department for the time Grant County -Solid Waste Working Agreement 2022 Page 26 absent only in the amount which exceeds the compensation received for the approved jury leave not to exceed a normal day's pay. ARTICLE XVIII - FAMILY & MEDICAL LEAVE 18.1 The Family and Medical Leave Policy and Procedures will be set forth in the "Grant County Policy & Procedure Manual" Policy 18.2 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. 18.3 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. Grant County -Solid Waste Working Agreement 2022 Page 27 ARTICLE XIX - EDUCATION LEAVE At the discretion of the Employer, 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 employ of the County six (6) months. Such leave is in addition to holidays. 20.2 Effective beginning January 1, 2019, annual leave may be accumulated to a total of two hundred forty (240) hours above the current year's accrual;p rovided, 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 a status fifteen(15)or more pY 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 may be taken in the seventh (7th) month or each month thereafter may be 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. 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 notpaY able. 20.4 Annual leave when taken shall be by mutual agreement between the immediate Supervisor and the employee on such schedules as will least interfere with the function of the Department, but which accommodates the desires of the employees to the greatest degree possible. After the first year of employment, all employees shall be required to take a minimum of five (5) consecutive days of annual leave each year. Grant County -Solid Waste Working Agreement 2022 Page 28 20.5 Additional annual leave hours are earned by employees whose employment is continuous and satisfactory. These days comprised of eight (8) hours for each are credited to the employee on the anniversary date of such employment as follows: 1st year 2nd year 3rd year 4th year 5th year 6th year 7th year 8th year 9th year 10th year 11th year 12th year 13th year 14th year 15th year Days per month 1 1.0834 1.25 1.25 1.4167 1.4167 1.4167 1.4167 1.4167 1.5834 1.5834 1.5834 1.5834 1.5834 1.8334 Days per year 12 13 15 15 17 17 17 17 17 19 19 19 19 19 22 20.6 Earned annual leave and continuous service credits of any employee are transferable between departments, provided not more than thirty (30) days elapse between employment without specific approval by the hiring agency. 20.7 An employee who separates from the service is entitled to payment for all annual leave credited, not to exceed two hundred (200) hours, provided that in the case of voluntary resignation, written notice is given. Two (2) weeks is a minimum acceptable written notice. 20.8 Leave without pay may be granted under the following conditions: a. Subject to mutual agreement between the employee and department head. b. Subject to the work load or service requirements in the department as determined by the department head. Grant County -Solid Waste Working Agreement 2022 Page 29 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 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. ARTICLE XXI - HOLIDAYS 21.1 The following eleven (11) days shall be recognized and observed as paid 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 Day One (1) mutually agreed to floating holiday, or, for employees working in the Administrative and Engineering Divisions, the holiday agreedY to b the Public Works Department. 21.2 Whenever a holiday falls on Sunday, the following Monday is considered a holiday. If a holiday falls on a Saturday, the previous Friday shall be observed as the holiday. If a holiday falls on a Friday during a four (4) day, ten (10) hour work shift schedule, the preceding Thursday shall be observed as the paid legal holiday. 21.3 Employees shall receive one (1) eight (8) hour day's pay for each of the above holidays, except for holidays which occur during a four (4) day, ten (10) hour work shift schedule. In this case, employees shall receive one (1) ten (10) hour day's pay for each such holiday. 21.4 Any regular full-time or part-time employee shall not be eligible to use a floating holiday while they are on probation. If they do not complete probation, then said floating holiday shall be forfeited. Grant County -Solid Waste Working Agreement 2022 Page 30 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) 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% 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 U - BuY p 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 U - BuY p Plan premiums. Any amounts exceeding the Core Plan funding level Employer contribution shall be the sole responsibility of the employees and shall beaid b p Y payroll deduction. Grant County -Solid Waste Working Agreement 2022 Page 31 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 ma Y elect dependent coverage but are responsible for full payment ofp remium expense by payroll deduction. All calculations shall be determined by the Human Resources Director. 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, thearties agree to immediate) p g y 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 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. Grant County -Solid Waste Working Agreement 2022 Page 32 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 - TRAINING The Employer will continue the current practice. 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 -Solid Waste Working Agreement 2022 Page 33 The terms hereof cover the entire Agreement between the parties, and all rights not specifically abridged or limited herein are reserved exclusively to the Y Em to er, p 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. ARTICLE XXVI - TERM OF AGREEMENT This Agreement shall be effective January 1, 2022, except as otherwise indicated, and shall 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 !; da of iA ¢ 2022 Y 3'A BOARD OF COUNTY COMMISSIONERS �i a - Danny St ne, Chairperson Rob jDne**"s. Vice Chairperson Cindy Carter, Commissioner Grant County -Solid Waste Working Agreement 2021- 2022 GRANT COUNTY PUBLIC EMPLOYEES' ASSOCIATION Mel Lotz, President Page 34 ADDENDUM A — Salary Administration Procedures 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 b the pp Y Board of County Commissioners Grant County - Solid Waste Working Agreement 2022 Page A-1 Progression Increases: Incumbents whose salary rate is in a step lower than step 7 and whose performance is entirely satisfactory on a continuing basis as determined by the Elected Official(s) or Department Heads with review by the Human Resources Department, will progress to next higher step at annual salary adjustment time, until their salaries reach step 7. Grant County - Solid Waste Working Agreement 2022 Page A-2 ADDENDUM B - 2022 Pay Plan 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). The bands on the 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 Grant County - Solid Waste Working Agreement 2022 Page B-1 Job Title Band 1 2 3 4 5 6 7 SW Laborer 1 6 H $22.01 $22.67 $23.33 $23.98 $24.63 $25.27 $25.90 P1 1 813.60 $ ,760.80 $ , $1,866.40 $1,918.40 $1,970.40 $2,021.60 $2,072.00 Y $45,780.80 $47,153.60 $48,526.40 $49,878.40 $51,230.40 $52,561.60 $53,872.00 SW Laborer (Seasonal) 6 H $22.01 $22.67 $23.33 $23.98 $24.63. $25.27 $25.90 P $11760.80 $1,813.60 $1,866.40 $1,918.40 $1,970.40 $2,021.60 $2,072.00 Y $45,780.80 $47,153.60 $481526.40 $49,878.40 $51,230.40 $52,561.60 $53,872.00 SW Laborer (Temp) 6 H $22.01 $22.67 $23.33 $23.98 $24.63 $25.27 $25.90 P $1,760.80 $1,813.60 $1,866.40 $1,918.40 $1,970.40 $2,021.60 $2,072.00 Y$45, 780.80 $47,153.60 $48,526.40 $49,878.40 $51,230.40 $52,561.60 $53,872.00 SW Landfill tedax�t (Hourly) 6 H $22.01 $22.67 $23.33 $23.98 $24.63 $25.27 $25.90 P $1,760.80 $1,813.60 $1,866.40 $1,918.40 $1,970.40 $2,021.60 $2,072.00 Y $451780.80 $47,153.60 $48,526.40 $491878.40 $51,230.40 $521561.60 $53,872.00 SW Landfill Attendant (Temp) 6 H $22.01 $22.67 $23.33 $23.98 $24.63 $25.27 $25.90 P $1,760.80 $1,813.60 $1,866.40 $1,918.40 $1,970.40 $2,021.60 $2,072.00 Y $45,780.80 $47,153.60 $48,526.40 $49,878.40 $51,230.40 $52,561.60 $53,872.00 SW Landfill Attendant 6 H $22.01 $22.67 $23.33 $23.98 $24.63 $25.27 $25.90 P $1,760.80 $1,813.60 $1,866.40 $1,918.40 $1,970.40 $2,021.60 $2,072.00 Y $45,780.80 $47,153.60 $48,526.40 $49,878.40 $51,230.40 $52,561.60 $53,872.00 SW Laborer 2 CDL H $22.92 $23.6:1 $24.29 $24,97 $25.64 $26.31 $26'.9b P$7 $1,9, . 2 97.60 $2,051,20 $2104.80 $2,157.60with Y $47,673.60 $49,108.80 $50,523.20 $51,937.60 $53,331.20 $54,724.80 $56,097,.60 SW Operator 9 H $25.04 $25.79 $26.54 $27.28 $28.02 $28.75 $29.47 P $2,003.20 $2,063.20 $2,123.20 $2,182.40 $21241.60 $2,300.00 $2,357.60 Y $52,083.20 $531643.20 $55,203.20 $56,742.40 $58,281.60 $59,800.00 $611297.60 SVV Program Coordinator 12 H $29.04 $29.91 $30.78 $31.64 $32.49 1. $33.33 $34.16 P $2,323.20 $2,392.80 $2,462.40 $2,531.20 $2,599.20 $2,666.40 $2,732.80 Y $60,403.20 $62,212.80 $64,022.40 $65,811.20 $67159.20 $69,326.40 L$711052.80 H -Hourly P -Pay Period M -Monthly 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). The bands on the 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 Grant County - Solid Waste Working Agreement 2022 Page B-1 to the provisions of Addendum A. For 2013, Steps shall be frozen in accordance with Article 12 of this Agreement. 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. Grant County - Solid Waste Working Agreement 2022 Page B-2