Loading...
HomeMy WebLinkAboutAgreements/Contracts - Sheriff & JailK20-032 SETTLEMENT AGREEMENT By and Between GRANT COUNTY, TEAMSTERS LOCAL UNION NO. 760, And GREG KNUTSON THIS SETTLEMENT AGREEMENT is entered into by and between Grant County and Grant County Sheriff's Office (together hereinafter referred to as "Employer"), Teamsters Local Union No. 760 (hereinafter referred to as the "Union") and Greg Knutson (hereinafter referred to as "Employee"). The Employer terminated the Employee's employment effective April 2, 2018. The Union filed a grievance on behalf of the Employee on April 10, 2018. The grievance went to arbitration and the outcome of the arbitration was reinstatement of the Employee to his position of Corrections Sergeant no later than January 22, 2020. In addition to reinstatement of the Employee, the Employee was awarded "back pay and benefits less interim wages earned." While the parties mutually agreed to an extension of the deadline to reach an agreement, for calculation purposes only, the date of reinstatement (January 22, 2020) remained as is. Furthermore, the Employee voluntarily and of his own free will agreed to not return to work for Grant County Sheriffs Office, the terms of which are reflected in a separate settlement agreement. The purpose of this Agreement is to provide a true and correct calculation of the Employee's award of back pay and benefits less interim wages earned. NOW, THEREFORE, the Employer, the Union and the Employee do hereby agree as follows: 1. Issuance of Checks. The Employer, Union and Employee agree that in order to Arbitration award, the Employer will issue four separate checks to the comply with the Employee within thirty (30) calendar days of signing of this Agreement. The first check, detailed in paragraph two, is the total amount of the Employee's back pay less the Employee's interim earnings. The second check, detailed in paragraph three, is the total amount of the Employee's benefits. The third check, detailed in paragraph four, is the total amount of the Employee's retro pay in regards to the settlement and ratification of the labor agreement. The fourth check, detailed in paragraph five, reflects reimbursement for the excess income tax the Employee will be subject to in 2020. 2. Calculation of Back Pay. The Employer, Union and Employee agree that the back pay reflects the gross wages the Employee would have earned based on the Employer and Union collective bargaining agreement had he remained employed with Employer from April 2, 2018, to January 22, 2020. The Employer, Union and Employee agree that in reaching the final calculation of the Employee's back pay the following factors are considered: the Employee's wage rate pursuant to the collective bargaining agreement between the parties; a normal 40 -hour work week; a relevant time period of April 2, 2018, to January 22, 2020; the Employee's longevity pay; the Employee's retirement pursuant to PSERS; the Employee's accrued leave; the Employee's Holiday pay; the Employee's boot stipend; less taxes and withholdings. The SETTLEMENT AGREEMENT RE ARBITRATION AWARD/GRANT COUNTY/TEAMSTERS/KNUTSON Page 1 of 5 Employer, Union and Employee agree that for the relevant time period the true and correct calculation of the Employee's back pay is: one hundred forty-one thousand, eight hundred eighty-six dollars and sixty-five cents ($141,886.65). 3. Calculation of Benefits. The Employer, Union and Employee agree that the benefits the Employee would have earned and/or accrued during the relevant time period are based on the Employer and Union collective bargaining agreement. Included in this calculation is the Employer's contribution only. The parties agree that those benefits include the following: dental, EAP, life, medical and vision insurance. The parties agree that for the relevant time period, the true and correct description and calculation of the Employee's benefits are as follows: fifteen thousand, nine hundred seventy-seven dollars and forty-five cents ($15,977.45). 4. Calculation of Retro Pay. The Employer, Union and Employee agree that the calculation of retro pay is based upon the settlement and ratification of the collective bargaining agreement. The parties agree that the relevant time period for calculation of the retro pay is from January 22, 2016 to April 2, 2018. The parties agree that the total gross amount of the Employee's retro pay is: eight thousand, four hundred thirty-three dollars and four cents ($8,433.04), less taxes and withholdings. 5. Excess Income Tax. The Employer, Union and Employee agree that the calculation of the reimbursement for excess income tax the Employee will be subject to in 2020 is the difference of the Employee's tax income liability in 2020 and the income tax the Employee would have been subject to had the Employee received the wages as if the Employee was never terminated. The parties agree that the total amount of the excess income tax is: seven thousand, nine hundred nineteen dollars and sixty-two cents ($7,919.62). 6. Calculation of Interim Wages Earned. The Employer, Union and Employee agree that interim gross wages of the Employee earned from April 2, 2018, to January 22, 2020 are described in the following sentences. Reflected in the Employee's 2018 and 2019 pay stubs, 2018 and 2019 W-2, and 2018 tax return provided by the Employee, the Employee represents to the Employer and the Union that his sole source of interim gross wages earned were from employment with his alleged sole interim employer, IFP, Inc. d/b/a Central Washington Investigations, and was the true and correct gross amount is forty-two thousand, fifty-three dollars and fifty-five cents ($42,053.55). 7. Calculation of Arbitration Award. The Employer, Union and Employee agree that to arrive at the calculation of the total Arbitration award, the following formula is to be utilized and such formula is consistent with the arbitration award. The first check will consist of the back pay ($141,886.65) minus the interim earnings ($42,053.55), less taxes and withholdings for a total of forty-eight thousand, six hundred seventy-six dollars and twenty-one cents ($48,676.21). The second check will consist solely of the calculation of the Employee's benefits for a total of fifteen thousand, nine hundred seventy-seven dollars and forty-five cents ($15,977.45). The third check will consist solely of the Employee's retro pay for a total of eight thousand, four hundred thirty-three dollars and four cents ($8,433.04). The fourth check will consist solely of the reimbursement for the Employee's excess income tax he will be subject to in SETTLEMENT AGREEMENT RE ARBITRATION AWARD/GRANT COUNTY/TEAMSTERS/KNUTSON Page 2 of 5 2020 for a total of seven thousand, nine hundred nineteen dollars and sixty-two cents ($7,919.62). 8. Emplo\ er's Representation as_._to_Accurac\ . The Employer represents to the Union and the Employee that the calculation of the total back pay and benefits less interim earnings is accurate. 9. Em )lotee's Representation as to Accurac\_. The Employee represents to the Employer and the Union that the total interim gross wages earned is true and accurate based on the representations of the Employee which are inclusive of the Employee's 2018 and 2019 pay stubs, 2018 and 2019 W-2, and 2018 tax return and that his representation that his sole interim employer was IFP, Inc. d!b/a Central Washington Investigations, is true and accurate. 10. E doee's Service Credit under PSERS: For the period of April 2, 2018, to January 22, 2020, Employee shall have earned a total of twenty-one (21) service credit months. The parties agree that the Employer shall reimburse the service credit months within sixty (60) days of execution of this Agreement. 11. Breach and Enforcement. The Employer, the Union, and the Employee agree that this Agreement may be specifically enforced and may be used as evidence in a subsequent proceeding in which a party alleges a breach of this Agreement. The parties agree that in the event of an alleged breach of this Agreement, the parties will first attempt to resolve their differences through PERC Mediation, If PERC Mediation does not resolve the matter then the parties shall submit the matter to arbitration pursuant to the provisions of the current CBA. Each party shall be solely responsible for their own attorney's fees, their own witnesses' fees, the costs and expenses, etc. associated with their respective perspective of the presentation of the case. The parties shall share equally the Arbitrator's fees, costs and expenses. 12. Confidentialitr_Clause. Subject to the Public Records Act, Chapter 42.56 RCW, the parties agree that they and their representatives will keep this Agreement confidential. However, the parties agree that if this Agreement is responsive to a third party's request for public records pursuant to Ch. 42.56. RCW, the parties shall abide by the law and court of competent jurisdiction. This provision shall not limit either party's rights to use this Agreement in subsequent proceedings should this become necessary. 13. Complete A.ireement. This Agreement represents and contains the entire understanding between the parties in connection with the subject matter of this Agreement. The Agreement shall not be altered or varied except in a writing signed by the Employer, the Union and the Employee. It is expressly acknowledged and recognized by all parties that there are no verbal and/or written collateral agreements, understandings, or representations between the parties other than as contained in this document, and any such prior agreements are specifically revoked and terminated. 14. Governin Law. Unless otherwise controlled by federal law, the interpretation and enforcement of this Agreement shall be governed by the laws of the State of Washington. SETTLEMENT AGREEMENT RE ARBITRATION AWARD/GRANT COUNTY/TEAMSTERS/KNUTSON Page 3 of 5 15. Reliance and Ri,.:ht to Consult with an Attorney. The Employee and Union represent and acknowledge that in executing this Agreement, they do not rely and have not relied upon any representations and/or statements not set forth herein made by the Employer or by any of the Employer's employees, agents, representatives, or attorneys with regard to the subject matter, basis and/or effect of this Agreement or otherwise. The Employer represents and acknowledges that in executing this Agreement, the Employer does not rely and has not relied upon any representation and/or statement not set forth herein made by the Union or by any of the Union's employees, agents, representatives, or attorneys with regard to the subject matter, basis and/or effect of this Agreement or otherwise. The Employee understands and agrees that he had the right to consult with an attorney of his choosing during the entire process of developing and agreeing to the terms and conditions of this Agreement. The Employee also affirms the truth and accuracy of the representations he has made as reflected in this Agreement. 16. Signature in Counterpart and Facsimile Procedures: This Agreement may be executed in counterpart and shall be binding upon the parties. Transmission of this Agreement by .pdf shall serve as an original and be binding. The parties may circulate duplicate originals of this document for signature so that each party has an original of this agreement showing signatures of all parties. 17. Attorney s' Fees. Costs and. Expenses. Each party shall be solely responsible for paying for their own attorney's fees, costs and expenses. 18. Effective Date. The effective date of this Agreement shall be the date on which the last signing party executes this Agreement. SETTLEMENT AGREEMENT RE ARBITRATION AWARD/GRANT COUNTY/TEAMSTERS/KNUTSON Page 4 of 5 ACCEPTANCE OF AGREEMENT EMPLOYER: BOARD OF GRANT COUNTY COMMISSIONERS: Cindy Carter, Chairwoman of the Board To ylor, Vic - firman of the Board Richard Stevens, Member of the Board Date Z/i 1 Zai Date -)-/ /-.z0 Date GRANT COUNTY SHERIFF DEPARTMENT: Tom Jones, Grant County Sheri Date UNION: TEAMSTERS LOCAL UNION NO. 760: Decorah Anderson, Business Representative Date EMPLOYEE: I have accepted and agree to the terms and conditions of this Agreement as of the date next to my signature. Greg KnuVoff Date (Print Name) ✓�v Jo V SETTLEMENT AGREEMENT RE ARBITRATION AWARD/GRANT COUNTY/TEAMSTERS/KNUTSON Page 5 of 5