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August 18, 2020
ARBITRATION SETTLEMENT AGREEMENT
By and Between
GRANT COUNTY, GRANT COUNTY DEVELOPMENT SERVICES, GRANT COUNTY
PUBLIC EMPLOYEES ASSOCIATION — COURTHOUSE UNIT
And
JERRY BESSETT, EDWARD SPRINGEN, AND CRUE WOODARD
THIS ARBITRATION SETTLEMENT AGREEMENT is entered into by and between
Grant County and the Grant County Development Services (hereinafter collectively referred to as
"Employer"), the Grant County Public Employees Association — Courthouse Unit (hereinafter
referred to as the "Association") and the following members of the Courthouse bargaining unit at
relevant times: Edward Springen, Crue Woodard, and Jerry Bessett (hereinafter referred to
collectively as "Employees".
THE PURPOSE OF THIS ARBITRATION SETTLEMENT AGREEMENT is to resolve
all issues involving a pending Arbitration regarding Article XI, section 11.5 of the Collective
Bargaining Agreement (hereinafter referred to as "CBA") between the parties. The Association
filed a grievance on behalf of the Employees on July 17, 2019. The parties mutually agreed to an
Arbitrator. The Arbitration was set for April 28 — 29, 2020 but has been continued. The parties
and attorneys believe it would be in the best interests of all concerned to pursue a mutually
acceptable settlement of all the issues and avoid considerable litigation expense to all parties.
THE BASIS OF THE DISPUTE revolves around the issue of appropriate pay for the
employees required to be on standby to be available to conduct a fire investigation after a fire has
occurred if requested. For several years, the employees required to be on standby were classified
as being "on-call". As a result of a mutually acceptable compromise settlement of this matter, the
parties recognize the proper classification for their work was "standby".
THIS GRIEVANCE involves three employees, which the parties have agreed as part of
this settlement, are the only Association bargaining unit employees affected and to be addressed
as a result of the compromise settlement. The parties, as part of this compromise settlement agree
that these Employees, Edward Springen, Jerry Bessett and Crue Woodard, were required to be on
standby for fire investigations. Springen and Bessett were required to be available on weekends
while Woodard was required to be available on weekends and weeknights.
THE CONSIDERATION FOR THIS ARBITRATION SETTLEMENT AGREEMENT
(hereinafter referred to as "Agreement') is the mutual undertakings set forth herein.
NOW, THEREFORE, the Employer, the Association and the Employees do hereby agree
as follows:
1. Compromise Settlement Compensation. As part of this mutually acceptable
compromise settlement, the Employer agrees to compensate, within thirty (30) days of
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signature of this Agreement by the last signing party, each of the Employees in accordance
with the provisions:
Jerry Bessett: $29,000.00 less taxes and deductions. This amount is based
upon a mutually agreed upon compromised number relating to standby duty for a
mutually agreed upon period of time. Mr. Bessett differs from Mr. Springen and
Mr. Woodard in that he is currently employed by Grant County.
Edward Springen: $18,000.00 less taxes and deductions. This amount is
based upon a mutually agreed upon compromised number relating to standby duty
for a mutually agreed upon period of time.
Crue Woodard: $65,000 less taxes and deductions. This amount is based
upon a mutually agreed upon compromised number relating to standby duty for a
mutually agreed upon period of time. It is important to note that Mr. Woodard's
amount is significantly greater than Mr. Bessett and Mr. Springen because Mr.
Woodard was on standby status more than two times the number of standby hours
Mr. Bessett and Mr. Springen were on.
These mutually agreed upon compromised amounts to be paid were in the interests
of facilitating Employer and Association cooperative relations.
2. Compliance. Effective September 1, 2020, the Employer agrees to compensate
employees assigned to standby status for the hours specifically assigned at the pay rate of
one-half their regular hourly rate in accordance with Article XI, Section 11.5 of the CBA.
3. Bargaining Unit Employees. The Employer and Association have mutually
agreed that Mr. Bessett, Mr. Springen and Mr. Woodard are the only Association
bargaining unit employees eligible and to be addressed regarding the standby
compensation dispute based on a compromise settlement about standby duty. The
Association bargaining unit jobs involved with these 3 employees within the bargaining
unit is Jerry Bessett, Building Safety Specialist 4, was Crue Woodard, Building Safety
Specialist 1 and was Edward Springen, Building Safety Specialist 1.
4. No Pending Claims. The Employees represent that they have no pending claims,
lawsuits or charges filed against the Employer with any courts and any governmental
agencies.
5. Withdrawal and Dismissal with Prejudice. The Association hereby immediately
withdraws and dismisses with prejudice the pending grievances submitted on behalf of
the Employees and the pending Arbitration.
6. Non -Precedent. The Parties agree that the facts and issues are unique to this
matter and therefore neither the Employer nor the Association shall use this settlement as
a precedent in any other and future grievance disputes between the parties. However, if
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there is a dispute about the terms of this Agreement then it is admissible in a proceeding
under section 11 below.
7. Confidentiality Clause. Subject to the Public Records Act, Chapter 42.56 RCW,
and to the Open Public Meetings Act, Ch. 42.30 RCW, the parties agree that they and
their representatives will make a reasonable effort to keep this Agreement confidential.
8. Waiver and Mutual Release of All Claims. In consideration of the terms
contained in this Agreement, and as a material inducement to the Employees, the
Association and the Employer to enter into this Agreement, the Employer, the
Association and the Employees hereby release one another from any and all past and
present claims, if any, against one another related to their employment with the
Employer. As referred herein, "past and present claims" means those claims arising on or
before the date the "Acceptance of Agreement" is signed by the Employees. The
Employer hereby waives and releases all its past and present claims, if any, against the
Employees related to their employment with the Employer. The Employees hereby
waive and release any and all their past and present claims, if any, against the Employer,
Employer's elected officials, appointed officials, employees, attorneys and agents arising
out of their employment with the Employer, including but not limited to release of any
and all claims for any individual relief under State laws, Federal laws, any regulations
pertaining to any of those laws and any other proceedings. The Employees hereby waive
and release any and all their past and present claims, if any, against the Association, the
Association's officials, attorneys and agents arising out of the Association's
responsibilities to the Employees, including but not limited to release from any and all
claims for any individual relief under State laws, Federal laws, any regulations pertaining
to any of those laws and any other proceedings.
9. Release and Counsel. Employer, Association, and Employees have mutually
agreed to settle all the pending issues rather than arbitrate them. Employees understand
and acknowledge the significance and consequences of this Agreement and expressly
confirm that it is to be given full force and effect according to each and all of its
expressed terms and provisions. Employees acknowledge that they have been
encouraged to consult an attorney of their choice regarding this Agreement. Knowing
and understanding so, the undersigned accepts all the terms of this Agreement in full
settlement of any and all issues.
10. Non -admission. This Agreement shall not be construed as an admission by the
Employer of any liability to the Employees and Association, breach of any agreement
between the Employer, the Employees and the Association, or any violation by the
Employer of any Federal laws, State laws, any regulations pertaining to any of those laws
and any other procedures. This Agreement shall not be construed as an admission by the
Association of any liability to the Employer and Employees, breach of any agreement
between the Association, Employer and the Employees, or any violation by the
Association of any Federal laws, State laws, any regulations pertaining to any of those
laws and any other procedures.
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11. Breach and Enforcement. The Employees, the Association, and the Employer
agree that if there is an alleged breach of the terms of this Agreement, the issues will first
be submitted to PERC for mediation proceedings. If mediation does not resolve the
issues then the parties agree to submit to binding arbitration in accordance with the terms
of the applicable CBA. Each party shall pay for their own attorney's fees, costs, etc. and
share equally the Arbitrator's fees and costs.
12. Complete Agreement. 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 Employees, the Association, and the Employer. It is expressly acknowledged and
recognized by all parties that there are no oral or written collateral agreements,
understandings or representations between the parties other than as contained in this
document, and any such prior agreements are specifically terminated.
13. Governing 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.
14. Reliance and Right to Consult with an Attorney. Employees and Association
represent and acknowledge that in executing this Agreement, they do not rely and have
not relied upon any representations 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 or effect of this Agreement or otherwise. The
Employees understand that they have the right to consult with an attorney.
15. Signature in Counterpart and Facsimile Procedures: This Agreement may
be executed in counterpart, scanned and shall be binding upon the parties. Transmission
of this Agreement and the signed signature pages by .pdf by the parties shall serve as an
original and be binding on all parties. 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.
16. Attorneys' Fees, Costs and Expenses. Each party shall be solely responsible for
paying for their own attorney's fees, costs, witness fees, mileage and expenses. The
Employer and Association shall share equally any Arbitration rescheduling and
cancellation fees.
17. Effective Date. The effective date of this Agreement shall be the date on which
the last signing party executes this Agreement.
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ACCEPTAN=CE OF AGREEMENT
EMPLOYER:
/I_._
t,
t,
Date
Date
Richard Stevens. Member of the Board Date
GRAINT COUNTY DEVELOPMENT SERVICES:
No AvkhorA +,) / I )A - g! ,
Damien Hooper. Director Date
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41e--..
aedke, Presi ent Qat
EMPLOYEES:
I have accepted and agree to the terms and conditions of this Agreement as of the date next to my
signature.
Edward Springen
(Print Name)
Crue Woodard
(Print Name) _
Jerry Bessett
(Print 1Vame,)
Date
Date
Page 5 of
ACCEPTANCE OF AGREEMENT
EMPLOYER:
BOARD OF GRANT COUNTY COMMISSIONERS:
Cindy Carter, Chairperson of the Board Date
Tom Taylor, Vice -Chairperson of the Board Date
Richard Stevens, Member of the Board Date
GRANT COUNTY DEVELOPMENT SERVICES:
Damien Hooper, Director Date
GRANT COUNTY PUBLIC EMPLOYEES ASSOCIATION:
Karen Maedke, President
Date
EMPLOYEES:
I have accepted and agree to the terms and conditions of this Agreement as of the date next to my
signature.
Edward Springen
(Print Name)
Crue Woodard
(Print Name)
00,
Jerry Bessett
(Print Name)
Date
Date
8 V' le
Date
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ACCEPTANCE OF AGREEMENT
EMPLOYER:
BOARD OF GRANT COUNTY COMMISSIONERS:
Cindy Carter, Chairperson of the Board Date
Tom Taylor, Vice -Chairperson of the Board Date
Richard Stevens, Member of the Board Date
GRANT COUNTY DEVELOPMENT SERVICES:
Damien Hooper, Director Date
GRANT COUNTY PUBLIC EMPLOYEES ASSOCIATION:
Karen Maedke, President Date
EMPLOYEES:
I have accepted and agree to the terms and conditions of this Agreement as of the date next to my
signature.
� d C 8-al-Aoao
Edward SpringenIC —V Date
(Print Name) Fd(j) cLCA C - L f% eY�_ff
Crue Woodard
(Print Name)
Jerry Bessett
(Print Name)
Date
Date
Page 5 of 5
ACCEPTANCE OF AGREEMENT
F,N41PLOY-FR.
�.aRD OF (;RANT OtItTI' OMMISSIONER :
Cindy Carter, Chairperson of the Board Date
Tom Taylor, Vice -Chairperson of the Board
Data
Richard Stevens, Member of the Board Date
GRANT COU\'TY' D 'VEL OPMENT SERVICES:
Damien Hooper, Director Date
GRANT COUNTY PUBLIC EMPLOYEES ASSOCIATION:
Karen Maedke, President Date
EMPLOYEES:
I have accepted and agree to the terms and conditions of this Agreement as of the date next to my
signature.
Edward Springen
Date
(Print dame)
rue Woodar Gate
(Print Name)
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