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Home My WebLink AboutAgreements/Contracts - GRISK20-178 WORKING AGREEMENT By and Between GRANT COUNTY a, TEAMSTERS LOCAL UNION NO. 760 CLINICAL STAFF JANUARY 1, 2020 we DECEMBER 31, 2021 jot604 1 WORKING AGREEMENT By and Between GRANT COUNTY a, TEAMSTERS LOCAL UNION NO. 760 CLINICAL STAFF JANUARY 1, 2020 we DECEMBER 31, 2021 PREAMBLE 3 PRODUCTIVITY 3 ARTICLE 1- RECOGNITION 3 ARTICLE 2 - UNION MEMBERSHIP 3 ARTICLE 3 - DEFINITIONS 5 ARTICLE 4 - EQUAL EMPLOYMENT OPPORTUNITY 6 ARTICLE 5 - MANAGEMENT RIGHTS 6 ARTICLE 6 - NO STRIKE 8 ARTICLE 7 - SENIORITY 8 ARTICLE 8 - DISCIPLINE 9 ARTICLE 9 - GRIEVANCE PROCEDURE 14 ARTICLE 10 - HOURS OF WORK & OVERTIME 17 ARTICLE 11- CLASSIFICATIONS - WAGES 25 ARTICLE 12 - BULLETIN BOARD 27 ARTICLE 13 - GENERAL POLICIES GOVERNING LEAVE 28 ARTICLE 14 - LEAVE WITHOUT PAY 28 ARTICLE 15 - SICK LEAVE 29 ARTICLE 16 - ANNUAL LEAVE 32 ARTICLE 17 - CIVIL LEAVE 34 ARTICLE 18 - LICENSURE & EDUCATION 34 ARTICLE 19 - HOLIDAYS 34 ARTICLE 20 - HEALTH & WELFARE 36 ARTICLE 21- TRAVEL EXPENSES & OTHER CONDITIONS 38 ARTICLE 22 - CASELOADS 39 ARTICLE 23 - DRUG TESTING 39 ARTICLE 24 - SAVINGS CLAUSE 39 ARTICLE 25 - ENTIRE AGREEMENT 40 ARTICLE 26 - DURATION 40 ADDENDUM A - SALARY ADMINISTRATION PROCEDURE i ADDENDUM B - 2020 PAY PLAN ii Grant County — Clinical Staff Working Agreement 2020-2021 Page 2 IN a "W&10* Grant Integrated Services of Grant County, Washington, hereinafter known as the Employer, and the Teamsters Union Local No. 760, referred to hereinafter as the Union, do hereby reach an Agreement for the purpose of promoting the morale, well-being, and security of Grant Integrated Services Clinical Staff. These are comprised of the Case Management Unit, the Intake & Crisis Services Unit, the Therapy Services Unit, and the SUD Counselors Unit.. PRODUCTIVITY It is mutually agreed that the Employer and the Union shall work together, individually and collectively to meet the production requirements of the agency, 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 this agency of County government. ARTICLE 1— RECOGNITION The Employer recognizes the Union as the designated representative of: a) All full-time and regular part-time Community Support Specialists employed by Grant Integrated Services (PERC 25745-E-13-3798; Decision 11843); b) All full-time and regular part-time crisis services and intake/triage employees employed by Grant Integrated Services (PERC 23605-E-10-3605; Decision 10965); C) All Therapists employed by the Grant Integrated Services (PERC 25601-E-13- 3782; Decision 11767); and d) All full-time and regular part-time employees in the CDP Counselor I, CDP Counselor II, and CDP Counselor Trainee I job classes employed by Grant Integrated Services (PERC 129798-E-17; Decision 12837). Excluded from this Bargaining Unit are supervisors, confidential employees and all other employees of Grant County. ARTICLE 2 — UNION MEMBERSHIP 2.1 Employees of the Employer covered by this Agreement may, following the beginning of such employment join the Union. The Union agrees to represent all employees within the bargaining unit without regard to Union membership. The Grant County — Clinical Staff Working Agreement 2020-2021 Page 3 Union shall provide the Employer with thirty (30) calendar days' notice of any change in the dues structure and/or the initiation fee structure. 2.2 The Union and the employee may enter into an agreement to provide for a division of the costs incurred, should the employee request the Union's assistance in pursuing a grievance on the employee's behalf. If such employee pursuant to this Section requests the Union to use the Grievance and Arbitration Procedure on his behalf, the Union is authorized to charge the employee for the reasonable cost of using such procedure. 2.3 When the Employer hires a new employee, the Employer shall furnish the employees appointed into bargaining unit positions all membership materials and forms supplied by the Union as part of the orientation process. Union representatives shall be given thirty minutes paid time with each new employee to discuss union membership. The Employer will add the new employee to the Union Membership Report provided to the Union after each payroll. This includes the employee's name, hire date, address, classification, unit, wage, and dues contribution. 2.4 The Union agrees to defend and hold the Employer harmless from and against any and all claims, demands, lawsuits, orders or judgments arising from the administration and effects of this Article pertaining to initiation and dues deduction. 2.5 Dues Cancellation: An employee may cancel payroll deduction of dues by written notice to the Employer and the Union. The cancellation will become effective on the second payroll after receipt of the notice. 2.6 When provided a "voluntary check -off' authorization in the form furnished by the Union and signed by an employee, the Employer agrees to deduct from the employee's pay, the Union's applicable dues, as prescribed in the "voluntary check -off' form. The full amount of monies so deducted by the Employer shall be promptly forwarded to the Union by check along with an alphabetized list showing names and amounts deducted from each employee. The Union agrees to defend, indemnify, and hold the Employer harmless against all suits, orders or judgments brought or issued which may arise from the Employer making a good faith effort to administer this section. 2.7 Union representatives may have access to the employer's offices or facilities to carry out representational activities during employees' meal periods, rest periods, and before and after their shifts. The representatives will notify the Grant County — Clinical Staff Working Agreement 2020-2021 Page 4 employer prior to their arrival and will not interrupt the normal operations of the agency. 2.8 Union stewards will be granted reasonable time during their normal working hours to prepare for and attend collective bargaining meetings, investigatory interviews, pre -disciplinary meetings, information grievance resolution meetings, mediation sessions, and arbitration hearings during their work time. 2.9 Union stewards must obtain prior approval from his or her supervisor to prepare for and/or attend any meeting during work hours. All requests must include the approximate amount of time the steward expects the activity to take. Any agency business requiring the steward's immediate attention must be completed prior to attending the meeting. The employer may require the steward to Ieave a union meeting if an urgent need occurs. 2.10 Time spent preparing for and attending meetings during the steward's non -work hours will not be considered as time worked. Stewards may not use company vehicles to perform representational duties unless authorized by the employer. 2.11 If the amount of time a union steward spends performing representational activities is unduly affecting his or her ability to accomplish assigned work, the employer will not continue to release the employee and the Union will be notified. ARTICLE 3 - DEFINITIONS The following definitions apply throughout the contract unless the context clearly indicates other meaning: 3.1 Probationary Employee/Probationary Period: A full-time employee who has less than six (6) months of continuous service, or a part-time employee who has less than one thousand (1,000) hours of continuous service, with the Employer. Said employee is subject to discharge/ termination without just cause and without recourse. 3.2 Refular Full-time Employee: A Regular Full-time employee is one who is employed in a budgeted position and is regularly scheduled to work an average of forty (40) or more hours per week and has successfully completed a probationary period. 3.3 Regular Part-time Employee: A Regular Part-time employee is one who is employed in a budgeted position, paid on a salary or hourly basis, and is Grant County - Clinical Staff Working Agreement 2020-2021 Page 5 regularly scheduled to work on average at least twenty (20) or more hours per week and has successfully completed a probationary period. 3.4 Temporary or Seasonal Employee: A Temporary/Seasonal employee is an employee who works for the purpose of assisting an office or department with its workload and should not exceed a five (5) month consecutive period of time. The Board of County Commissioners may grant any necessary extension of this five (5) month consecutive period on a case-by-case basis and by mutual agreement of both parties in writing. The purpose of such an employee is to provide assistance to complete seasonal/temporary projects, to assist in peak workloads and other temporary/seasonal work needs of the Employer. Temporary/Seasonal employees shall not receive any benefits except as they may be applicable under Washington State Department of Retirement Systems rules for retirement contributions. ARTICLE 4 - EQUAL EMPLOYMENT OPPORTUNITY The Employer and/or the Union shall not discriminate against any individual with respect to terms, conditions or privileges of employment which are a violation of Federal, State or Local law, 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 5 - MANAGEMENT RIGHTS The Union 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 not limited to, the following: a. The right to establish institute and change any and all rules, policies and procedures. Written rules and procedures will be provided to employees. b. 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. Grant County — Clinical Staff Working Agreement 2020-2021 Page 6 C. The right to hire, layoff, recall, employees as deemed necessary by the Employer. d. The right to discipline any and all employees as provided in the Disciplinary Article of this Agreement. e. The right to make any and all determinations as to the size and composition of the work force, to work locations and shifts. Employer shall provide thirty (30) calendar days notification in writing to the union and unit members. f. 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. g. 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 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. h. The Employer has the right to introduce any and all new, improved and automatic methods or equipment to improve efficiency and to reduce costs. L The right to close or liquidate an agency, branch, operation or facility or combination of facilities, or to relocate, re -organize or combine the work of divisions, offices, branches, operations or facilities. Employer shall provide thirty (30) calendar days notification in writing to the union and unit members. 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 (in writing to the union and unit members), except in the event of an emergency (in which case practical notice is advised), to the Union and shall provide the Union with an opportunity to negotiate the Employer's proposed change to past practice. The notification and opportunity to negotiate shall not impede or affect the Employer's right to change past practice. The notification to the Union will contain a proposed date for negotiation of Grant County — Clinical Staff Working Agreement 2020-2021 Page 7 the change with the Union as well as the anticipated date for implementation of the Employer's change to past practice. ARTICLE 6 - NO STRIKE 6.1 Neither the Union nor its agents, or any employee(s) shall aid, cause, condone, authorize or participate in any strike or work stoppage, slow down or any other interference with the work and/or statutory functions and/or obligations of the Employer. 6.2 Employees who engage in any of the above -referenced activities shall not be entitled to any pay or fringe benefits during the period he/she is engaged in such activity. The Employer may discharge or discipline any employee who violates this Article. 6.3 Nothing contained herein shall preclude the Employer or the Union from obtaining judicial restraint and damages in the event of a violation of this Agreement. ARTICLE 7 — SENIORITY 7.1 Seniority shall mean an employee's continuous length of service from the most recent date of hire with Grant County Integrated Services. Seniority shall not apply until the 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. 7.2 A probationary period of six (6) continuous months shall be required of all new employees. During the probationary period, employees may be discharged without cause at the discretion of the Employer without notice. 7.3 Qualifications and seniority are factors to be considered in layoffs, recall from layoffs, promotions and demotions, provided such factors as skill and ability, experience, performance and quality of work are considered equal in the opinion of the Employer. In case of Layoffs the county will work to relocate affected employee (s) to other open positions within the agency and or county. These efforts will be shared with Union Representation but will not be subject to grievance under the agreement. 7.4 Seniority shall terminate upon discharge, resignation, retirement, and twelve (12) consecutive months of layoff. Grant County — Clinical Staff Working Agreement 2020-2021 Page 8 7.5 A seniority list will be posted and a copy provided to the Union once per year only if requested and only if new employees are added. ARTICLE 8 -DISCIPLINE 8.1 The Agency or his designee 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 or Management; f. Conviction, plea bargaining, deferred prosecution, or any other alternative disposition of a criminal charge which the Employer believes would have an adverse effect regarding an employee's work, relationships with current employees/employer or brings into question continued suitability in the agency; g. Inappropriate/improper use of public office/authority or misrepresentation of official authority or omission of responsibilities based on official authority and responsibilities; h. Misconduct and/or negligent performance of duties; i. Violation of written or verbal County or Agency directives, work rules, regulations, policies and procedures; RCW' s, WAC's and other applicable licensing bodies rules and regulations; j. Conflict of interest between off-duty activities and official duties; k. Tardiness and/or absenteeism; 1. Harassment of any kind (actions that create an intimidating, abusive and/or hostile work environment); M. Reporting to work with the presence of alcohol and/or illegal/ controlled substances in the employee's blood, breath and/or urine, consuming Grant County — Clinical Staff Working Agreement 2020-2021 Page 9 alcohol and/or illegal/controlled substances at work, selling and/or distributing alcohol and/or illegal/controlled substances at work; n. Violation of the Drug and Alcohol Policy as contained in the Grant County Policy and Procedure Manual Policy 02-11; 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. Any other just causes as determined, from time to time, by the Employer based on agency procedure changes determined by the Employer; S. Proven Dishonesty; t. Any other just causes supported and consistent with case law and/or arbitration cases. 8.2 Coaching actions provide examples of performance issues and direction toward improving future performance. They are often informal interactions intended to communicate expectations, performance levels, and/or behavioral concerns. Coaching is normally documented and maintained by the immediate supervisor. These may include; a) Coaching Discussion Sessions b) Performance Improvement Plans c) Remedial Training Coaching actions are not disciplinary actions and are not viewed as being punitive. The intent is to guide the employee toward improved performance. Coaching actions may be referenced within a performance evaluation but the reference does not constitute a coaching action. 8.2 The Employer may discipline any employee for just cause. If the Employer has a reason to discipline an employee, it shall take reasonable measures to carry out Grant County - Clinical Staff Working Agreement 2020-2021 Page 10 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. Coaching & Counseling (pre -disciplinary action); b. Initial Disciplinary Warning; C. Intermediate Disciplinary Warning; d. Performance Correction Plan e. Suspension without pay; f. Discharge or termination. The discipline imposed shall be correlated to the seriousness of the offense as determined by the Employer. The Employer should impose progressive discipline in order of increasing severity from oral reprimand to discharge but shall not be required to follow progressive discipline where the Employer makes a determination that the circumstances warrant immediate 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. 8.3 The Employer may discharge or terminate an employee only for just cause. In the event the Employer, under normal circumstances not under conditions reflected in 8.4 below, determines that an employee may be discharged or terminated due to charges and/or alleged misconduct(s) then the Employer will notify the employee and Union representative of the charges and/or alleged misconduct(s) in writing. The Employer will hold a pre -disciplinary action meeting to provide the employee and/or Union representative an opportunity to respond to the charges and/or alleged misconduct(s) within a reasonable period of time. Thereafter, the Employer shall make a determination as to whether to proceed with discharge or termination. 8.4 When the Employer or their designee determines that circumstances are such that retention of the employee will likely result in disruption of departmental work, damage to or loss of County property or be injurious to the fellow employees, then the Employer may immediately suspend without pay the employee without the Employer holding a pre -disciplinary action meeting of any kind. If the Employer determines that this Section should be implemented, then Grant County — Clinical Staff Working Agreement 2020-2021 Page 11 the charges and/or misconduct(s) will be provided to the employee and the Union representative as soon as reasonably possible in writing. 8.5 At the discretion of the Employer, an employee may be placed on administrative leave with pay and benefits pending investigation of allegations of misconduct, when the nature of the allegation compromises the ability of the employee to perform his/her duties. If the charges are substantiated, disciplinary action may be taken in accordance with the nature of the offense. If the charges are unfounded, the employee will be restored to duty. 8.6 In the event the Employer, under normal circumstances not under conditions reflected in Section 8.4 above, determines that an employee may be suspended without pay due to charges and/or alleged misconduct(s), the Employer will notify the employee and Union representative of the charges and/or alleged misconduct(s) in writing. The Employer will hold a pre -disciplinary action meeting to provide the employee and/or Union representative an opportunity to respond to the charges and/or alleged misconduct(s) within a reasonable period of time. Thereafter, the Employer will determine whether or not to proceed with a suspension without pay. 8.7 Untimely notice of disciplinary action shall not negate the disciplinary action. If the Employer decides to issue an oral reprimand and/or written reprimand to an employee, then said reprimand shall be in written form and forwarded to the employee and to the Union representative. No meeting with the Union is necessary for these types of discipline. The Employer will issue notification of disciplinary action with thirty (30) calendar days of the conclusion of the investigatory process. 8.8 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 discipline and more severe discipline will be mailed to the Union except if the employee objects to the Employer sending out discipline information. 8.9 Written reprimands shall remain in the employee's personnel file for a period of no more than twenty-four (24) months from the date of the offense. If an employee does not have any other written reprimands within the twenty-four (24) month period, then the letter of reprimand will be removed from the employee's personnel file, including documents maintained in a supervisor, or other similar, files. However, if the employee has another written reprimand within the twenty-four (24) month period, then both written reprimands shall Grant County — Clinical Staff Working Agreement 2020-2021 Page 12 remain in the personnel file for twenty-four (24) months from the date of the last written reprimand. Quality files and evaluative documents will be maintained per the state, federal, and contractual retention schedule. Unique documents of concern may be maintained by Human Resources. 8.10 References and written facts involving suspensions and/or discharges shall remain permanently in an employee's personnel file. 8.11 If any County employee is serving a disciplinary suspension without pay, said person shall not be employable with any other County Office/Department or County funded organization. 8.12 If any employee who is required to have a driver's license has his/her driver's license suspended for less than thirty (30) days, then the employee shall be suspended without pay for that period of time. If the employee has his/her driver's license suspended for thirty (30) days or more, then said employee shall be discharged. If an employee's driver's license is revoked, then the employee shall be immediately discharged. 8.13 The provisions of this Article shall not apply to newly hired or promoted employees serving a probationary period. 8.14 Disciplinary action may be reviewed pursuant to the Grievance Procedure of this Agreement. 8.15 Timelines may be extended by mutual agreement. 8.16 Employees have the right to confidentiality related to individual performance, personal information and persorulel issues to the extent provided/allowed by law. The employer and the Union will take appropriate steps to maintain such confidentiality. 8.17 The off-duty activities of an employee will not be grounds for disciplinary action unless said activities are detrimental to the employee's work performance or the program of the employer. Employees will report any court -imposed sanctions or conditions that affect their ability to perform assigned duties to the employer within twenty-four (24) hours or prior to their next scheduled work shift, whichever occurs first. Grant County — Clinical Staff Working Agreement 2020-2021 Page 13 ARTICLE 9 - GRIEVANCE PROCEDURE 9.1 The parties hereto recognize the need for fairness and justice in the adjudication of employee grievances and enter into this Agreement in a cooperative spirit to adjust such actions promptly and fairly. If, however, a grievance cannot be resolved through normal means, the grievance will be settled as hereinafter provided. 9.2 A grievance is defined as a dispute involving the interpretation, application or alleged violation of a specific provision of this Agreement. 9.3 In the processing, disposition and/or settlement of any grievance, the Union shall be the exclusive representative of the employees. The Union shall make the determination of the merit or validity of an employee grievance. 9.4 Filing; of Grievance: Any employee who believes that he/she has a grievance arising out of the specific terms of this Agreement may, through a representative, file a grievance within fifteen (15) calendar days of its occurrence. Failure to file the grievance within fifteen (15) calendar days of its occurrence results in said grievance being forever waived and lost and no longer grievable at any level. To be a valid grievance, the grievance should set forth the facts, the specific section(s) of the contract which were allegedly violated and the specific remedy requested. 9.5 Employer Grievance: The Employer may initiate a grievance at Step 2 of the grievance procedure within fifteen (15) 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 person, in writing, the basis of the grievance against the Union to the Union representative within fifteen (15) calendar days of the occurrence. The Employer will discuss issues with the Union representative prior to filing a grievance. Thereafter, the Union representative shall respond in writing to the Employer within fifteen (15) calendar days from the receipt of the grievance. If the Employer is not satisfied with the response of the Union representative, the matter will be elevated to arbitration in accordance with the procedure contained in this article. 9.6 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 written Agreement of the parties. Copies of grievance documentation will be provided to the Human Resources Director to assist in the monitoring of time limitations. Grant County — Clinical Staff Working Agreement 2020-2021 Page 14 9.7 If a representative does not file a grievance within fifteen (15) calendar days of its occurrence or when they reasonably should have known, then said representative and employee shall have forever waived and lost all rights and remedies regarding said grievance. 9.8 A potential grievance may be verbally presented by the aggrieved employee to the employee's immediate supervisor, provided the employee informs the supervisor that the verbal exchange is a potential grievance. The immediate supervisor shall respond within three (3) calendar days. If the immediate supervisor does not respond within three (3) calendar days or if the matter is not satisfactorily resolved, then the employee, through their representative, may initiate a formal grievance in accordance with the following procedure which in any case, shall be done within fifteen (15) calendar days as indicated below. The three (3) calendar days are within the fifteen (15) calendar day timeline for filing formal grievances. The Union may elect to file a grievance directly at Step 1 of the procedure set forth below. 9.9 The grievance procedure shall be as follows: Step 1: The grievance shall be presented in written form to the Executive Director or designee within fifteen (15) calendar days of the date of the occurrence or within fifteen (15) calendar days of when they reasonably should have known of the grievance. Executive Director or designee shall respond in writing within fifteen (15) calendar days after receiving said grievance. Step 2: If the grievance is not resolved to the satisfaction of the concerned parties at Step 1, then within fifteen (15) calendar days of the response in Step 1 above, inclusive of a request for a grievance meeting if one is desired, the grievance in written form shall be presented to the Board of County Commissioners or designee. Thereafter, subject to mutual agreement, the parties may conduct a grievance meeting prior to the Board of County Commissioners or designee issuing a written response to the aggrieved employee and the Union within fifteen (15) calendar days after receipt of the grievance or the grievance meeting if one is held. A copy will be provided to the Union. Step 3: If the grievance has not been resolved at Step 2, either party to this Agreement may request Grievance Mediation from the Washington State Public Employment Relations Commission (PERC). Step 4: Grant County - Clinical Staff Working Agreement 2020-2021 Page 15 a. Final and Binding Arbitration: If the grievance has not been resolved at Step 3, either party to this Agreement may refer unsettled grievances 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. C. Arbitrator - Selection: After timely notice the parties shall attempt to select an arbitrator by agreement. In the event the parties are unable to reach agreement on the appointment of an impartial arbitrator within seven (7) calendar days from the receipt of the request for arbitration, the parties may jointly request that the Washington State Public Employment Relations Commission appoint an arbitrator. If the parties are unable to jointly agree to such request within three (3) calendar days, then either party may request that the Washington State Public Employment Relations Commission provide a list of eleven (11) qualified and approved non -staff or private arbitrators from which list an arbitrator shall be selected by alternatively striking one (1) name from the list until one (1) name shall remain. d. Decision - Time Limit: The arbitrator shall meet and hear the matter at the earliest possible date after his or her selection. After completion of the hearing a decision shall be entered within thirty (30) calendar days, unless an extension of time is agreed upon by the parties. e. Limitation- Scope -Power of Arbitrator: (i) The arbitrator shall not have the authority to add to, subtract from, alter, change or modify the terms of this Agreement. (ii) The arbitrator shall have the power to interpret and apply the specific terms of the Agreement and to determine whether there has been a violation of the specific 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 Grant County — Clinical Staff Working Agreement 2020-2021 Page 16 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. (iv) The arbitrator shall have the authority to receive evidence and question witnesses and shall keep a verbatim record of testimony. f. Arbitration Award - Damages - Expenses: (i) The arbitrator shall not have the authority to award punitive damages. (ii) Each party hereto shall pay the fees and expenses of their own attorneys, representatives, witnesses and other costs associated with the presentation of their case. The cost and expense of the arbitrator shall be borne equally by the parties. ARTICLE TEN - HOURS OF WORK & OVERTIME 10.1 Definitions: a. Overtime Eligible Position - one that is assigned duties and responsibilities that meet the criteria for overtime coverage under federal and state law. b. Overtime Exempt Position - one that is assigned duties and responsibilities that do not meet the criteria for overtime coverage under federal and state law. C. On Call Shifts - work that is assigned outside of regular business hours (8 a.m. to 5:00 p.m., Monday through Friday) and on weekends and holidays. On call shifts are normally assigned in fifteen (15) hour increments (5:00 p.m. to 8:00 a.m.) or twenty-four (24) hour increments (8:00 a.m. to 7:59 a.m. the following day). d. Workday - one of seven (7) consecutive twenty-four (24) hour periods in a workweek. Grant County — Clinical Staff Working Agreement 2020-2021 Page 17 e. Workweek - A period that consists of seven (7) consecutive 24-hour periods beginning at 12:00 a.m. on Sunday and ending at 11:59 p.m. the following Saturday. f. Work Schedules - Workweeks and shifts of different numbers of hours may be established by the Employer in order to meet business and customer service needs, as long as the work schedules meet federal and state laws. g. Work Shift - The hours an employee is scheduled to work each work day in a workweek. h. Overtime - Time that a full-time overtime eligible employee works in excess of forty (40) hours per workweek. i. Overtime Rate - One and one-half (11/2) times the employee's regular rate of pay. j. Work - for overtime purposes includes all hours actually spent performing the duties of the position and travel time required by the employer during normal work hours from one site to another or travel tune outside the employee's normal work hours to a different work location. Holiday time, annual and sick leave, comp time, and other forms of paid time off are not considered time worked for the purposes of calculating overtime pay in accordance with Grant County administrative policy X02-07. k. Overtime Computation - Rounded to the nearest one-quarter (1/4) of an hour. 1. Stipend: means payment to individuals working on-call that is in addition to the individual's regular salary received for employment 10.2 Regular Shift and/or Work Week: a. The Employer will determine, from time to time, the work shifts and/or work weeks which shall consist of five (5) consecutive eight (8) hour days or four (4) consecutive ten (10) hour days, Monday through Friday, inclusive. If the Employer determines that the regular work shift and/or work week needs to be changed, then the Employer will provide thirty (30) calendar days of notice prior to the change being effective, except in the event of an emergency, in which case no notice is required. The Grant County - Clinical Staff Working Agreement 2020-2021 Page 18 Employer agrees to discuss the proposed change in regular work shift with the Union prior to implementation, but this discussion shall not constitute an obligation to bargain about the changes or their effects. b. Alternate work schedules - Workweeks and work shifts of different numbers of hours may be established for eligible employees by the employer in order to meet business and customer service needs, as long as the alternate work schedule meets federal and state laws. Employees may request alternate work schedules and such requests will be approved by the employer subject to business and customer needs. The employer may disapprove requests if there are performance or attendance concerns. Previously approved alternate work schedules may be rescinded by the employer if business and customer service needs are no longer being met, or if performance or attendance concerns occur. C. An overtime eligible employee, including an employee on standby or on- call status, will be compensated for all time worked, other than de minimis time, for receiving or responding to work related calls, unless otherwise provided for in this agreement. d. If during the life of this agreement the County/GRIS extends business hours beyond the what is defined above; the rules of seniority will apply within job classifications. 10.3 The employer will determine whether a position is overtime eligible or overtime exempt in accordance with federal and state law. 10.4 Full time overtime eligible employees who have prior approval and work more than forty (40) hours in a workweek will be compensated at the overtime rate. A part-time overtime eligible employee will be paid at the regular rate of pay for all work performed up to forty (40) hours in a workweek and paid at the overtime rate for authorized work of more than forty (40) hours in a work week. 10.5 Overtime eligible employees: a. Regular work schedules - The regular work schedule for overtime eligible employees will not be more than forty (40) hours in a workweek, with starting and ending time as determined by the requirements of the position and the employer. The regular work schedule will include two (2) consecutive days off. Grant County — Clinical Staff Working Agreement 2020-2021 Page 19 b. Alternate work schedules - Workweeks and work shifts of different numbers of hours may be established for overtime eligible employees by the employer in order to meet business and customer service needs, as long as the alternate work schedule meets federal and state laws. Employees may request alternate work schedules and such requests will be approved by the employer subject to business and customer needs. The employer may disapprove requests if there are performance or attendance concerns. Previously approved alternate work schedules may be rescinded by the employer if business and customer service needs are no longer being met, or if performance or attendance concerns occur. C. An overtime eligible employee, including an employee on standby or on- call status, will be compensated for all time worked, other than de- minimis time, for receiving or responding to work related calls, unless otherwise provided for in this agreement. d. The employer shall offer overtime to employees to assist with workload when possible prior to mandating overtime. The employer may grant compensatory time in lieu of cash payment for overtime to an overtime eligible employee in accordance with Grant County Administrative Policy Overtime and Comp Time #02.07. 10.6 Overtime exempt employees: Exempt employee: means an employee who is not subject to the minimum wage and overtime pay provisions of the federal FLSA and its regulations. a) Overtime exempt employees are not covered by federal or state overtime laws. Compensation is based on the premise that overtime exempt employees are expected to work as many hours as necessary to provide the public services for which they were hired. b) Grant Integrated Services allows employees who are exempt from the Federal Fair Labor Standards Act of 1938 (FLSA, Title 29, U.S.C. Chapter 8, sections 201-219, as amended) to accrue and use flex time. State and federal law do not require the agency to make the accrual or use of flex time available to exempt employees. Exempt flex time is not intended to provide any compensation in addition to the salaries Grant County — Clinical Staff Working Agreement 2020-2021 Page 20 established by Grant County. Rather it is a means of providing greater flexibility in scheduling time for exempt, salaried employees. c) Each request to work such hours shall be approved or disapproved by the exempt employee's direct supervisor in compliance with this policy. d) The employer determines the products, services, and standards that must be met by overtime exempt employees. e) Overtime exempt employees must respond to directions from management to complete work assignments and are required to work specific hours to provide services. f) The salary paid to overtime exempt employees is based upon the employee's full-time or part time status, as determined by the position and the employer, and is full compensation for all hours worked except as otherwise provided for in this agreement. 10.7 Overtime exempt employees: a. The employer determines the products, services, and standards that must be met by overtime exempt employees. b. Overtime exempt employees must respond to directions from management to complete work assignments and are required to work specific hours to provide services. C. The salary paid to overtime exempt employees is based upon the employee's full-time or part time status, as determined by the position and the employer, and is full compensation for all hours worked except as otherwise provided for in this agreement 10.8 CRISIS 10.8.1 Advance requests for single day changes to an on-call shift. a. Overtime exempt employees are scheduled on call assignments on a month to month basis. b. Overtime exempt employees who desire to change a single day scheduled on-call assignment may submit an on-call schedule change Grant County — Clinical Staff Working Agreement 2020-2021 Page 21 notice at least five business days in advance of the day of the requested change. C. The overtime exempt employee requesting the change must attempt to obtain replacement coverage with another overtime exempt employee bargaining unit member. The two will, in effect, exchange on call days. The exchange will be noted on the on-call schedule change notice. d. The employer may approve or deny the request to trade shifts. e. If the overtime exempt employee is unable to obtain a replacement from the bargaining unit, the employer may authorize coverage for the scheduled absence from the on-call pool. 10.8.2 Advance requests for multiple day changes to on call shifts. a. Overtime -exempt employees requesting a multiple day absence, usually for vacation leave, must notify the employer at least one month in advance of the event. The employer may approve or deny requests for extended time off depending upon customer and business needs. b. If the request for extended time off is approved, the employer will offer the member's scheduled on call shift s to overtime exempt bargaining unit employees first. If no overtime exempt bargaining unit employee accepts the assignment(s), the employer will select coverage from the on-call pool. C. If there is insufficient coverage from the on-call pool, the employer will assign part or all, depending upon the on-call pool availability, of the on-call shifts to overtime exempt bar gaining unit employees. 10.8.3 Unscheduled on call shift changes a. If an overtime exempt employee who is scheduled to work an on- call shift is absent due to an unscheduled illness or other emergency absence, the employer must offer the shift to another overtime exempt bargaining unit employee first. b. If no overtime exempt bargaining unit employee accepts the assignment, the employer will select a replacement from the on-call pool. Grant County — Clinical Staff Working Agreement 2020-2021 Page 22 C. If no one in the on-call pool accepts the assignment, prior to assigning the work to an overtime exempt member of the bargaining unit_ *Both the Union and the Employer agree to form a work group to address management participate and on-call pool assignment. 10.9 Flex time: The employer will allow employees who are exempt from the federal Fair Labor Standards Act to accrue and use flex time in compliance the following articles. a) Exempt flex time: means time accrued on an hour -for -hour basis in a paid work status in excess of 40 hours in a workweek, except as outlined below. Accrued time may be taken as approved time off at a later date. i. For exempt employees who are hired on a part-time basis, flex time accrual is pro -rated according to the employee's position. For example: • A 0.25 FTE will accrue flex time for hours worked over 10 in a workweek; • A 0.50 FTE employee will accrue flex time for hours worked over 20 in a workweek; and • A 0.75 FTE will accrue flex time for hours worked over 30 in a workweek. 10.10 Administration of Exempt Flex Time: i. All hours in a paid work status shall be counted as hours worked for purposes of calculating exempt flex time earned. Absent time in a pay status, including holidays, paid leaves, partial days of absence under Grant County Policy Memo 03-06 and exempt flex time is not counted as hours worked. ii. Exempt employees in an on-call status do not accrue flex time unless the employee is called in and is in a paid work status that results in an excess of 40 hours in the workweek. iii. Hours worked in excess of 40 in a workweek shall be reported on a time and attendance form, as prescribed by the agency, to be accrued as exempt flex time. Grant County - Clinical Staff Working Agreement 2020-2021 Page 23 iv. Exempt employees may accrue a balance of no more than 40 hours of flex time. V. Exempt flex time shall be earned and recorded in no less than one-half hour increments. vi. The exempt employee will report actual time worked and flex time taken to equal the number of hours of the employee's normal work day. vii. For a full day of absence, the exempt employee may use either accrued flex time or accrued leave. viii. The Grant Integrated Services Finance Department will maintain a log of accrued and taken exempt flex time for each exempt employee. 10.11 Exempt Employees and Exempt Flex Time: i. An exempt employee must obtain approval from his or her supervisor, in advance whenever possible; to work hours which may result in an accrual of exempt flex time. ii. The employee's supervisor determines whether hours worked by an exempt employee that exceed 40 in a workweek will be accrued as exempt flex time under these rules. The supervisor may approve or deny the accrual of exempt flex time either before or after the hours are worked. iii. The employee's supervisor decides whether hours in excess of 40 hours in a workweek, which an exempt employee spends traveling or attending conferences, lectures, meetings, education, or training should be credited as exempt flex time under these rules. iv. Accrued exempt flex time may be taken off by the employee at a mutually agreeable later date during the employee's regular working hours, if the use of the flex time does not unduly disrupt the operations of the agency. Where the interest of the agency requires the employee's attendance, the agency's interest overrides the employee's interest to take flex time off. The agency may require an exempt employee to take accrued flex time off during any workweek. The agency may adjust the work schedule Grant County — Clinical Staff Working Agreement 2020-2021 Page 24 of an exempt employee within the workweek to avoid the accrual of flex time. V. The agency may require an exempt employee to take accrued flex time off during any workweek. vi. There is no lump sum cash compensation for accrued exempt flex time at the date of termination. b) Exemptions from flex time accrual: An exempt employee may not receive both flex time accrual and an on- call stipend for the same period of time. ARTICLE 11- CLASSIFICATIONS - WAGES 11.1 The classifications, band/range, steps and rates of pay shall be as provided in the Grant County Classification and Compensation Plan. Effective the first day of the first full pay period of January 2020, the applicable and affected wage classifications will be increased by 2.3%, as calculated and determined by the Director of Human Resources. Addendum A is a description of the salary and pay plan administration process. Addendum B is the 2020 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. If the Employer provides a higher 2020 COLA to any other non -interest -arbitration group, the same increase will be provided to this group. 11.2 Effective the first day of the first full pay period of January 2021, the applicable and affected wage classifications will be increased by COLA as calculated and determined by the Director of Human Resources. Cost -of -Living -Adjustment (COLA) increase will be set as the percentage difference of the West Size Class B/C All Urban Consumers CPI, September 2019 to September 2020, with a minimum increase of 2% and a maximum increase of 4%. 11.3 Compensation for part time employment will be pro -rated based on the ratio of hours worked to hours required for full time employment. 11.4 In the event a new position is created, the Employer has the right to develop and establish the new position. The classification and wage rate will initially be established by the Employer through the salary evaluation process, and the Grant County - Clinical Staff Working Agreement 2020-2021 Page 25 Union will be notified of this classification and wage rate. If the Union disagrees with the classification/wage rate, then the parties agree to meet and negotiate only with respect to the classification/wage rate. This section is not subject to the grievance procedure. 11.5 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 tArenty (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. 2021 Reopener: The parties agree to reopen longevity in 2021 by forming a work group to review market data and bring anon -binding recommendation forward to the Board. 11.6 Overtime eligible on can stipends: Overtime eligible employees who are scheduled an on-call shift will receive $25 per shift plus overtime for hours worked over forty (40) in a work week. 11.7 Overtime eligible holiday stipends: Overtime -eligible employees who work an on-call shift on a holiday will receive $100 stipend plus eight (8) hours of regular pay plus overtime pay for any hours worked on the holiday. 11.8 Overtime exempt on call stipends for Crisis Services: a. On call stipend means a fee paid to individuals in addition to the salary for employment. b. Overtime exempt bargaining unit employees who trade shifts are not entitled to any stipend. C. Overtime exempt employees who are assigned by the supervisor to cover crisis services duties in an unscheduled on call shift change or who agree to cover multiple day on call shift changes will receive an on call stipend Grant County — Clinical Staff Working Agreement 2020-2021 Page 26 in the amount of $300 for an overnight shift (15 hours) or $480 for a Saturday or Sunday (24-hour) shift. d. Overtime exempt employees who work an on-call shift for a County designated holiday will receive eight hours regular salary plus 8 hours Holiday Pay. e. The On-call Pool, as mentioned in 10.8.3(b) will receive a minimum of $30.00 per hour effective as of August 16, 2020. 11.9 Bi -Lingual Premium Pay: Addition of a 2% bi-lingual stipend paid to employees holding positions identified and staffed as bi-lingual (Spanish, Cambodian, Chinese, Korean, Laotian, Russian, Somali, w -Vietnamese, or American Sign Language). Employees holding these positions must show evidence of DSHS or Court interpreter certification. 11.10 Licensure Stipend: Masters level clinicians will receive a 3% increase to their base pay if they achieve and maintain their independent licensure (related to the agency's scope of practice), as required by Washington State Department of Health, under the following conditions: a) The employee assumes responsibility for completing their own credentialing through One Health Port for all insurance companies that the agency accepts; b) The employee is availability for clinical supervision for licensing; and C) The employee will provide documentation of their licensure to the Manager of Financial Services. 11.11 The employer agrees to of reimbursing the cost of license renewal and agency affiliated registrations for all clinical staff as defined in Article 1 and Addendum B. ARTICLE 12 - BULLETIN BOARD The Employer agrees to furnish and maintain a suitable bulletin board in a convenient place in a work area to be used by the Union. Grant County — Clinical Staff Working Agreement 2020-2021 Page 27 ARTICLE 13 - GENERAL POLICIES GOVERNING LEAVE 13.1 Leave of absence whether with or without pay is not allowed unless authorized in writing. 13.2 Unauthorized leave is treated as absence without pay and may be grounds for disciplinary action. Unauthorized absence from duty for three (3) consecutive working days may constitute separation from the agency. 13.3 Leave with pay may be earned and taken only by regular and probationary employees. 13.4 Except when otherwise authorized by the Employer, the appropriate earned leave with pay whether sick leave or annual leave shall be liquidated before granting leave without pay. 13.5 Records of attendance and absence which are kept by the agency will be such as to produce all information necessary to administer these policies and procedures. 13.6 Employees who are absent during their assigned hours of duty are paid only for the purposes and to the extent provided in the sections that follow. ARTICLE 14 - LEAVE WITHOUT PAY 14.1 Leave without pay is subject to prior written approval by the Employer. 14.2 Leave without pay is charged from the first working day of absence through the last working day of absence. 14.3 Leave without pay is deducted from an employee's monthly pay at a daily rate. 14.4 Leave without pay may be granted under the following conditions: a. Subject to mutual Agreement between the employee and Employer b. Subject to the work load or service requirements in the agency as determined by the Employer. C. Leave without pay is limited to a maximum of twelve (12) months in any five (5) year period. d. Extended leaves of absences without pay are subject to review by the Board of Commissioners. Grant County — Clinical Staff Working Agreement 2020-2021 Page 28 14.5. Employees on leave without pay are not entitled to accrue any accrued leave benefits. These employees will be responsible to pay for their portion of health insurance premiums while on leave without pay, if they elect to continue said insurance. Employees shall only be eligible to continue health insurance in accordance with applicable Health Insurance Policies and COBRA. ARTICLE 15 - SICK LEAVE 15.1 Sick leave is accrued by employees of Grant Integrated Services at the rate of one (1) working day (eight (8) hours) for each complete month an employee is in pay status. 15.2 Accrual: Employees earn a day of sick leave for their first month of employment if they are placed on the payroll on or before the fifteenth (15th) of the month and actually work continuously through the rest of that month. Terminating employees do not receive leave credits for the month in which they terminate unless they actually work continuously through the fifteenth (15th) of the month. Sick leave is accumulative to a total of one hundred twenty (120) working days, after which time, if not taken, shall lapse month by month; that is, an employee at no time can have more than one hundred twenty (120) days sick leave due. 15.3 Use - Sick leave may be taken for any of the following reasons: a. Illness or injury or temporary disability (such as during pregnancy) which incapacitates the employee to the extent that work can no longer be performed, or medical or dental appointments for the employee and immediate family members defined in Subsection b below. b. 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). In case of death in the immediate family, three (3) days with pay will be granted. Additional days may be granted for travel at the employee's request. Additional days granted will be deducted from earned sick leave days. C. Employees may only use the actual number of days sick leave accumulated and may not be taken in less than 15 minute increments. d. Sick leave cannot be claimed for the employees on annual leave or compensatory time, unless the employee immediately notifies the Grant County — Clinical Staff Working Agreement 2020-2021 Page 29 Employer of the illness. Upon return to work, the employee may be required to present a written doctor's certification stating the nature/ extent and length of the illness. e. An employee may use the employee's accrued sick leave to care for a child of the employee under the age of eighteen (18) with a health condition that requires treatment or supervision. 15.4 Grant County will consider the following the definition of immediate family member: a) A spouse or registered domestic partner; b) A child (including a biological, adopted, or foster child), stepchild, or a child to whom the employee stands in loco parentis, is a legal guardian, or is a de facto parent, regardless of age or dependency status; c) A biological, adoptive, de facto, or foster parent, step-parent, or legal guardian of an employee or the employee's spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child, d) A grandparent (or the grandparent of a spouse or registered domestic partner); e) A grandchild (or the grandchild of a spouse or registered domestic partner); f) A sibling (or the sibling of a spouse or registered domestic partner). 15.5 Reporting: Any employee who for any reason must take sick leave shall as soon as possible notify his/her immediate supervisor or the Employer. A doctor's certification of illness may be required of the employee at the time the employee returns to work when absent because of illness or injury. The Employer may make an investigation to satisfy himself that the reason for taking sick leave is bona fide. 15.6 PFML: The employer will provide sick leave to all employees covered by this agreement as outline by Washington's Paid Sick Leave Law. 15.7 All employees on sick leave shall make themselves available for such investigation, medical or otherwise, as may be ordered by the Employer. Grant County - Clinical Staff Working Agreement 2020-2021 Page 30 15.8 Any employee found to have abused the provisions of a sick leave privilege by falsification or misrepresentation may be subject to disciplinary action. 15.9 An employee is charged one (1) day of sick leave for each day of such absence when he/she is scheduled to work. 15.10 All accumulated sick leave is canceled automatically when an employee is separated from service but is restored when an employee is reappointed to the same agency or is employed by another office/department within twelve (12) months from the date of separation from service. 15.11 Fifty percent (50%) of the accumulated sick leave may be paid as severance pay where severance is made as a result of retirement under Social Security or PERS Retirement at age fifty-five (55) or greater; a twenty-five percent (25%) payment of accumulated sick leave in case of termination by the employee in good standing after ten (10) years of service, a one hundred percent (100%) payment of accumulated sick leave up to one hundred twenty (120) days in case of death. Any payment of unused sick leave will be paid into an MSA VEBA account to be established. 15.12 For employees under the PERS I retirement system the following shall prevail over the provision of 15.9 and 15.10 above. 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 hours for sick leave only and will not receive any compensation for unused hours at date of termination of employment. The provisions of this paragraph shall become effective January 1, 1985. 15.13 Employees shall be allowed one paid mental health day in the event of a current client's death when they are the primary assigned clinician. Time can be taken within two (2) weeks of notification. The employee will work with their supervisor/manager to arrange the time off either in one 8 -hour increment or two 4 -hour increments. Grant County — Clinical Staff Working Agreement 2020-2021 Page 31 2021 Reopener: The parties agree to reopen sick leave in 2021 by forming a work group to review market data and bring a non-binding recommendation forward to the Board. ARTICLE 1.6 — ANNUAL LEAVE 16.1 Annual leave is allowed to an employee working on a regular full-time monthly basis who has been in the continuous employ of the County six (6) months or more. 16.2 Annual leave is earned at the rate of one (1) eight (8) hour working day for each completed month of full-time employment service. No employee shall carry more than thirty (30) working days into the next calendar year. 16.3 Annual leave accumulated at the end of six (6) months of service in the agency by full-time employees may be taken in the seventh (7th) month and each month thereafter may be taken in the following month or subsequent month upon the mutual Agreement of the employee and the agency, taking into consideration the seniority of service of the employee. Probation period Employee can take 3 days after 3 months- if they do not make it through the probation period the 3 days will be paid back out of the last check. In house administration of leave without pay. 16.4 Vacations may 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 and subject to the Employer's determination of experience requirements needed for continued service. 16.5 The use of annual leave is subject to prior approval by the Employer. Requests for use of annual leave will be responded to, either approved or denied, within ten (10) working days of the request. After the first year of employment all employees shall be required to use a minimum of five (5) days each anniversary year. 16.6 An employee is charged one (1) day of annual leave for each day of such absence when he/she is scheduled to work, provided that employees working a six (6) day week will not be charged more than five (5) days annual leave for vacation leave of one (1) calendar week. 16.7 Annual leave days are earned by employees whose employment is continuous and satisfactory. These days, comprised of eight (8) hours for each day, are Grant County — Clinical Staff Working Agreement 2020-2021 Page 32 credited to the employees on the anniversary date of such employment as follows: 16.8 Continuous service is not broken by any period of authorized leave. 16.9 Earned annual leave and continuous service credits of any employee are transferable between offices/departments with the County, provided not more than thirty (30) days elapse between employments without specific approval by the hiring agency. 16.10 An employee who separates from the service is entitled to payment for a maximum of up to thirty (30) days of accrued annual leave, provided that, in the case of voluntary resignation, adequate notice is given. Two (2) weeks is considered adequate notice. 16.11 When an employee separates from the service by reason of resignation, layoff, dismissal, retirement or death, he is paid for up to thirty (30) days unliquidated annual leave. 16.12 Once each year each employee may sell back to the Employer up to a maximum of ten (10) days or eighty (80) hours of annual leave. This is conditioned on the requirement that each employee take five (5) days mandatory annual leave each anniversary year. Such sell -back provision shall be submitted at least ten (10) days before the pay period. Grant County - Clinical Staff Working Agreement 2020-2021 Page 33 Days per month Days per year 1st year 1 12 2nd year 1.0834 13 3rd year 1.25 15 4th year 1.25 15 5th year 1.4167 17 6th year 1.4167 17 7th year 1.4167 17 8th year 1.4167 17 9th year 1.4167 17 10th year 1.5834 19 11th year 1.5834 19 12th year 1.5834 19 13th year 1.5834 19 14th year 1.5834 19 15th year 1.8334 22 16.8 Continuous service is not broken by any period of authorized leave. 16.9 Earned annual leave and continuous service credits of any employee are transferable between offices/departments with the County, provided not more than thirty (30) days elapse between employments without specific approval by the hiring agency. 16.10 An employee who separates from the service is entitled to payment for a maximum of up to thirty (30) days of accrued annual leave, provided that, in the case of voluntary resignation, adequate notice is given. Two (2) weeks is considered adequate notice. 16.11 When an employee separates from the service by reason of resignation, layoff, dismissal, retirement or death, he is paid for up to thirty (30) days unliquidated annual leave. 16.12 Once each year each employee may sell back to the Employer up to a maximum of ten (10) days or eighty (80) hours of annual leave. This is conditioned on the requirement that each employee take five (5) days mandatory annual leave each anniversary year. Such sell -back provision shall be submitted at least ten (10) days before the pay period. Grant County - Clinical Staff Working Agreement 2020-2021 Page 33 2021 Reopener: The parties agree to reopen annual leave in 2021 by forming a work group to review market data and bring a non-binding recommendation forward to the Board. ARTICLE 17 - CIVIL LEAVE An employee shall continue to receive his regular salary for any period of required service as a summoned juror or witness subpoenaed by the Employer. The Employer shall pay the difference between the scheduled fees and the employee's hourly wage. The employee shall not be required on his own time to apply for such fees. Employees will be expected to report for work when less than a normal work day is required by such duties except graveyard employees will not be required to work if not released from jury duty or as a subpoenaed witness prior to 5:00p.m. ARTICLE 18 - LICENSURE & EDUCATION 18.1 To maintain licensure and/or certification, employees are required to obtain a number of continuing educational units (CEU) each year. Within scheduling and available resources, the employer shall provide opportunities for employees to attend trainings and conferences that help satisfy some or all of required annual CEU's. The employer also provides employees the opportunity for training using its electronic Relias -Learning tool. 18.2 Travel to, travel from, and attendance at employer -paid training and conferences is considered time worked. 18.3 Employees will notify their supervisor if their work-related license and/or certification has expired, or has been restricted, revoked or suspended within twenty-four (24) hours of expiration, restriction, revocation, or suspension, or prior to their next scheduled shift, whichever comes first. Employees will be place on leave without pay until such time as the license and/or certification become current. 18.4 Upon receiving an education or training request, the County will respond to said request in writing in 10 business days. If request is denied an explanation as to why will be provided to the employee. ARTICLE 19 - HOLIDAYS 19.1 Employees shall be entitled to the following legal holidays: Grant County — Clinical Staff Working Agreement 2020-2021 Page 34 New Year's Day Martin Luther King's Birthday Presidents Day Memorial Day Independence Day Labor Day Veterans Day Thanksgiving Day Day After Thanksgiving Day Christmas Eve Day Christmas Day January 1 Third Monday in January Third Monday in February Last Monday in May July 41h First Monday in September November 111h Fourth Thursday in November December 2411, December 251h a) The Employer will maintain a holiday calendar for each year and publish it to their intranet and internet pages. b) If any of the above holidays fall on a weekend, the Friday before or Monday after will generally be observed, as designated by the County at the beginning of each year. c) The Elected Official or Department Head responsible for the department may create an alternate holiday schedule, providing that: i. The decision is based upon the business need of the department, compliance, and best service delivery for the clients being served. ii. The decision is communicated to the Director - HR so that he is able to consult on pay, contract, or policy issues. iii. The decision is clearly communicated in advance to the employees of the department. iv. Impacted employees received the appropriate holiday leave time and/or holiday pay as provided the policy and/or contract. 19.2 Employees will be paid at a straight time rate even though they do not work on a County designated holiday. 19.3 Overtime -eligible employees will be paid for the hours actually worked on a holiday at the overtime rate plus a stipend for each holiday worked. Grant County — Clinical Staff Working Agreement 2020-2021 Page 35 19.4 Overtime -exempt employees who are scheduled a 24-hour on call holiday shift will receive a stipend for the 24-hour period beginning 8:00 a.m. on the morning of the holiday through 7:59 a.m. on the day following the holiday. If an overtime - exempt employee who is scheduled the on-call shift for the time preceding the holiday serves a call that extends into the holiday, no additional compensation is provided. 19.5 For full-time employees who do not have a Monday -through -Friday work schedule: a. When a holiday falls on the employee's scheduled workday, that day will be considered the holiday. b. When a holiday falls on an overtime -eligible employee's scheduled day off, the employer will pay the employee their regular salary plus eight (8) hours of holiday pay. C. When a holiday falls on an overtime -exempt employee's scheduled day off, the employer will pay the employee their regular salary plus eight (8) hours of holiday pay. 19.6 Holidays occurring at the beginning, during or at the end of a period of annual leave are not charged as annual leave. 2021 Reopener: The parties agree to reopen holidays in 2021 by forming a work group to review market data and bring a non-binding recommendation forward to the Board. ARTICLE 20 — HEALTH & WELLNESS 20.1 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 for regular full-time employees and regular part-time employees. 20.2 Medical coverage shall cease on the last day of that month following the final day of eligible employment or on that day if they are the same. Eligibility is determined by the Summary Plan Description, 20.3 Employees will have access to two (2) plans. Either the Core Plan or the Buy -Up Plan. These two (2) plans are subject to update as recommended by the Health and Wellness Committee (HWC) and approved by the County Commissioners. Core Plan: Premium Share Contributions for full-time regular employees: Grant County - Clinical Staff Working Agreement 2020-2021 Page 36 Employee Only Tier: Employer Portion Employee Portion 100% 0% All Dependent Tiers: Employer Portion Employee Portion 85% 15% The 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 eight -five percent (85%) of the funding level as established by the Board for the Core Plan for all dependent tiers, and Employees shall pay fifteen percent (15%) by payroll deduction. Buy -Up Plan: Premium Share Contributions for full-time regular employees: Employer and Employee premium share contributions for the Buy -Up Plan are derived from the Employer and Employee premium share contributions of the Core Plan funding levels shown above. The Employer will contribute the equivalent value of the Core Plan premium share toward the Buy -Up Plan premiums. Any amounts exceeding the Core Plan funding level Employer contribution shall be the sole responsibility of the employees and shall be paid by payroll deduction. Premium Contribution for part-time regular employees: The Employer contributes to the employee -only portion for part-time regular employees as described above for full-time regular employees. Employees may elect dependent coverage but are responsible for full payment of expense by payroll deduction. All calculations shall be determined by the Human Resources Director. 20.4 This premium contribution benefit is available to employees who have worked a minimum of eighty (80) hours during the preceding month. 20.5 If there is a need to further modify coverages, premium structures, benefit levels and/or contribution levels, as determined by the Employer taking into consideration recommendations of the Insurance Committee and Broker of Record, the Employer will provide as much notice as practicable and allow the Union representative the opportunity to bargain regarding said changes. Should the Union representative and Employer be unable to bargain a satisfactory Grant County - Clinical Staff Working Agreement 2020-2021 Page 37 resolution of any issues raised regarding modification of coverages, premium structures, benefit levels and/or contribution levels within thirty (30) days after the notice to the Union representative, the Employer shall have the right to modify coverages, premium structures, benefit levels and/or contribution levels. 20.6 The Union 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. 20.7 Disputes regarding insurance claims and/or coverage are between the insurance company and the employee and are not grievable by the Union and/or the employee so long as the dispute was not as a result of action by the Employer. 20.8 The bargaining units will be allowed to have one voting member assigned to participate on the Health and Wellness Committee. ARTICLE 21- TRAVEL EXPENSES & OTHER CONDITIONS 21.1 Any employee required to be away from home overnight in the performance of his or her work shall receive reasonable meal and lodging expense from the Employer. 21.2 Travel expenses are reimbursed in accordance with County and/or State policies. Travel and reimbursement processes will be applied consistently to members of the bargaining units as they are applied to other County employees. 21.3 The employer and the Union recognize the value and benefit of education and training designed to enhance employees' abilities to perform their job duties. Training and employee development opportunities will be provided to employees in accordance with agency policies and available resources. Denials to requests for training will include a business-related reason. 21.4 Travel to, travel from and attendance at agency -required training is considered time worked. 21.5 Employees will notify the employer prior to engaging in any off-duty employment. Employees may engage in off-duty employment that will not interfere with the performance of their duties or result in a conflict of interest. 21.6 It is mutually agreed that the Employer and Union shall work together, individually and collectively, to provide the public with efficient and courteous Grant County — Clinical Staff Working Agreement 2020-2021 Page 38 services and promote a climate of tabor relations that will aid in achieving a high level of efficiency in Grant Integrated Services. With this in mind, it is mutually agreed that a Labor/Management Committee consisting of not more than two (2) Union members and designated representatives of the Employer meet on paid time, for the purpose of resolving problems that may arise to promote a cooperative climate of Labor/Management relations. Meetings will be coordinated by both parties and scheduled monthly but may be conducted more or less often by mutual agreement of the parties. ARTICLE 22 — CASELOADS The Managers overseeing the therapists and case managers will review the caseloads on a regular basis. If a caseload reached the level where the employee feels overwhelmed or burdened, the employee may request a meeting with the appropriate manager to review the caseload to examine if it is feasible to reduce the caseload. ARTICLE 23 - DRUG TESTING & SAFETY 23.1 Newly hired employees offered a clinical position must pass a urinalysis test (UA) prior to the start of employment. In the event the test is not completed in a timely manner or returns positive results, the offer of employment will be withdrawn. 23.2 Drug and Alcohol testing policy and procedures will be set forth in the Grant County Policy & Procedure manual. 23.3 Labor -Management Meetings: The Employer and the Union agree to hold a joint Labor -Management Committee meeting quarterly at the GrIS Facility or a mutually agreeable location. The Employer will designate a point of contact to receive agenda items up to 24 hours in advance. The meeting will be scheduled for a maximum length of 90 minutes, unless mutually agreed to last longer. Labor and Management will each designate two ongoing participants. Other participants may be invited as topics may require. Minutes of the meetings will be written and disseminated. ARTICLE 24 - 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. Grant County — Clinical Staff Working Agreement 2020-2021 Page 39 ARTICLE 25 — 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. ARTICLE 26 - DURATION This Agreement shall be effective as of the 1st day of January, 2020, except as otherwise indicated and will remain in full force and effect until December 31, 2021. Negotiations may be requested by either party to this Agreement ninety (90) days before the expiration date. -7-1- DATED this f day of BOAR Fc NTYONERS f, By. Cindy CaftJr, Chairperson By: e -k CL: s t r , By TyloV " Chairperson Richard Stevens, Commissioner Grant County — Clinical Staff Working Agreement 2020-2021 Page 40 Lam. , 2020. TEAMSTERS LOCA U ION No. 760 By: X.4�pj 401414A Leonard CroucA, Secretary/ Treasurer to. it r! ADDENDUM A - SALARY ADMINISTRATION PROCEDURE A new hire will be placed at the appropriate salary range at step 1. 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. Excel;tions: • New hires may be placed at rates above step 1 in instances where the person brings exceptional experience, training, specialized knowledge and/or essential credentials. Placement higher than step 3 requires advanced 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 Office 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 Office 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 Office and subject to prior approval by the Board of County Commissioners. 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 Office Heads with review by the Human Resources Office, will progress to next higher step at annual salary adjustment time, until their salaries reach step 7. Grant County — Clinical Staff Working Agreement 2020-2021 - Addenda Page ADDENDUM B - 2020 PAY PLAN Job Title Band 1 2 3 4 5 6 7 Employment Specialist 1 Housing Specialist 8 H $21.90 $22.56 $23.21 $23.86 $24.50 $25.14 $25.77 P $1889.00 $1955.20 $2011.53 $2067.87 $2123.33 $2178.80 $2233.40 M $3796.00 $3910.40 $4023.07 $4135.73 $4246.67 $4357.60 $4466.80 CDP Counselor Trainee I 9b H $23.06 $23.75 $24.44 $25.12 $25.80 $26.47 $27.13 P $1,998.53 $2,058.33 $2,118.13 $2,177.07 $2,236.00 $2,294.07 $2,351.27 M $3,997.07 $4,116.67 $4,236.27 $4,354.13 $4,472.00 $4,588.13 $4,702.53 Case Manager Coordinator - WISe Program Crisis Response Specialist Ila H $25.27 $26.03 $26.78 $27.53 $28.27 $29.01 $29.74 P $2190.07 $2255.93 $2320.93 $2385.93 $2450.07 $2514.20 $2577.47 M $4380.13 $45.11.87 $4641.87 $4771.87 $4900.13 $5028.40 $5154.93 SUD Counselors llb H $25.41 $26.17 $26.93 $27.68 $28.43 1 $29.17 $29.90 P $2,202.20 $2,268.07 $2,333.93 $2,398.93 $2,463.93 $2,528.07 $2,591.33 M $4,404.40 $4,536.13 $4,667.87 $4,797.87 $4,927.87 $5,056.13 $5,182.67 Assessment Specialist Initial Services Specialist Therapist 13a H $28.05 $28.89 $29.73 $30.56 $31.39 $32.21 $33.02 P $2,431.00 $2,503.80 $2,576.60 $2,648.53 $2,720.47 $2,791.53 $2,861.73 M $4,862.00 $5,007.60 $5,153.20 $5,297.07 $5,440.93 $5,583.07 $5,723.47 Designated Crisis Responder Therapist 2 14 1 H $32.14 $33.10 $34.06 $35.01 $35.96 $36.89 $37.81 P 1 $2785.47 $2,868.67 $2,951.87 $3,034.20 $3,1.16.53 $3,197.13 $3,276.87 M $5,570.93 $5,737.33 $5,903.73 $6,068.40 $6,233.07 $6,394.27 $6,553.73 H = Hourly P - Pau Period I M = Monthl y 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 anniversary of the position date (excludes employees at Step 7). The bands on the attached Pay Plan are those which apply to employees within the bargaining unit. Employees remain in the same band but may be eligible for a step increase subject to the provisions of Addendum A. COLA and steps, as outlined in this agreement, will be paid retroactivity back to the first day of the first full pay period of January 2020. To be eligible for retroactive pay, an employee must be in an active employment status as of the date this agreement is ratified by both groups. Any employee who has left employment for whatever reason before ratification by the last party 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. The payroll processing schedule will change from bi-weekly to twice monthly effective January of 2018. Grant County - Clinical Staff Working Agreement 2020-2021 - Addenda Page ii