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HomeMy WebLinkAboutAgreements/Contracts - BOCC (004)MEDIATION GLOBAL SETTLEMENT OF PENDING GRIEVANCE ARBITRATION CASES By and Between GRANT COUNTY, GRANT COUNTY PUBLIC EMPLOYEES ASSOCIATION, And TOM HANSEN AND CODY WEB STEL. THIS MEDIATION GLOBAL SETTLEMENT AGREEMENT is entered into by and between Grant County and Grant County Public Works Department (together hereinafter referred to as "Employer"), Grant County Public Employees Association, representing Public Works employees (hereinafter referred to as the "Association"), and Tom Hansen and Cody Webster (hereinafter referred to as "Grievants/Employees"). WHEREAS, Grievant/employee Hansen alleged a less senior employee was provided the opportunity for overtime based on the allegation that there was a history of granting overtime based on seniority. Grievant/employee Webster alleged he was not selected for a Light Equipment Operator position allegedly in violation of the current CBA. Both of these grievances were set for Arbitration before Arbitrator Kenneth J. Latsch originally scheduled for December 18, 19 and 20, 2023. On November 6, 2023, the parties mutually requested a continuance in deference to agreeing to having PERC conduct Grievance Arbitration Mediation proceedings. The Grievance Mediation Requests were filed on November 13, 2023. PERC assigned the following PERC Case Nos. 137975-G-23 (Hansen), 137976-G-23 (Webster). THE PURPOSE OF THIS MEDIATION GLOBAL SETTLEMENT AGREEMENT is to avoid the uncertainty and expense of protracted arbitrations and to establish a basis for settlement of these two (2) pending grievance arbitrations, which will provide a reasonable precedent for future administration based on the intervening new HEO Apprenticeship MOA signed on the 1711 day of September, 2023; and, NOW, THEREFORE, Employer, Association, and Grievants/Employees hereby agree to the following terms and conditions: 1. No Pending Claims. Aside from the two (2) pending grievance arbitrations, the Grievants/Employees and the Association declare and represent to PERC and the Employer, that there are no other pending grievances, claims, lawsuits, ULPs and/or cases filed against the Employer in any administrative agency, administrative law forum, any grievance procedures, any court and any governmental agency regarding Page 1 of 8 the facts and circumstances of the grievances and contents as well as administration of the HEO MOA referenced above. 2. Withdrawal and Dismissal of Pending Arbitration. The Association and the Grievants/Employees agree and hereby do immediately withdraw and dismiss with prejudice each of the pending grievances and arbitrations. The Association shall submit written confirmation of withdrawal and dismissal with prejudice of both grievances and arbitrations to the Employer and the FERC Mediator. 3. Grievants/Employees Benefitted from HEO MOA and Future Administration of Procedures. The Association and the Grievants/Employees agree and acknowledge that they have benefitted from the HEO MOA and will benefit from the results of the parties' discussions and mutual agreements reached during the FERC Mediation as monitored and administered by the PERC Mediator resulting in the provisions of Section 4 below. 4. Administration and Procedures Governipy,, HEO MOA and Applications of CBA Provisions. The Employer and Association agree that the HEO MOA terms and conditions as well as the interpretation and application of existing CBA provisions shall be superseded and/or clarified to conform to the following criteria: A. Transfers. For transfers, the parties can utilize a Public Works Road Department wide seniority approach. B. Promotion. Public Works Road Department wide seniority may be used subject to a promoted employee being evaluated over a period of six (6) months from the date of promotion regarding attitude, demonstration of skills, abilities, training and experience. It is contemplated that the Supervisor and management will review the employee at the end of each month to confirm suitability and adherence to necessary standards. If the Supervisor and management determine it is not working out for reasons of suitability or other reasons, the employee is subject to being demoted back to his former position. This can be done without using disciplinary standards and without the Employer's decision being subject to the grievance process. The right to return to the employee's previous position within the six (6) month period is regardless of whether it was a management decision or an employee decision to return. C. Out of classification paX. These opportunities are based on district level only. There will be no moving from one district to another district. This opportunity may be partially based on seniority within district, but may also involve the exercise of management flexibility to assign based on management's assessment of qualifications, necessary training and Page 2 of 8 FRI flexibility availability based on work priorities. Management's exercise of exibility- will not be subject to the grievance procedures, but management shall provide an explanation about why other factors besides seniority were the basis for determining which employee was assigned the out of class pay. If there is an emergency, these out of classification guidelines shall be suspended based on management's assessment of the emergency circumstances. For example, if an employee has a skill set and experience in dealing with a particular form of emergency and is in close proximity, then these factors will prevail over seniority. Overtime work. Overtime opportunities are based on district level, and further, on a logistics level as follows: 1) Management will have a sign-up sheet for those interested in overtime for a designated period of time. 2) Management will make three (3) calls from sign-up sheet and then will be free to assign the least senior person to perform overtime. The next overtime opportunity will start with number 4 on the sign-up sheet assuming the first three (3) did not accept and so on. Management will rotate through the listing. 3) Based on management's assessment of emergency circumstances and need for immediate decision-making and assignment, use of the sign- up sheet and the process would be temporarily suspended. E. Training. Training is a planned opportunity based on district level seniority and further subject to registration for training within the district. Everyone understands and agrees that training is greatly impacted by the apprenticeship criteria and fulfillment of those criteria as monitored by management and the parties responsible for administering the apprenticeship program.. F. Assignment of district work. The parties agreed it is necessary to differentiate between daily assignments, weekly assignments and long term/seasonal assignments. 1) Daily assignment. Supervisors determine daily assignments based on the supervisor's assessment of needs, best qualified employees, efficiency considerations, training needs and logistical factors. 2) Weekly assignment. Supervisors determine weekly assignments based on supervisor's assessment of needs, best qualified employees, efficiency considerations, training needs and logistical factors. Page 3 of 8 5. 3) Long-termlseasonal assignments. Long-term/seasonal assignments are based on district seniority, qualifications, training needs and logistical factors. Long-term/seasonal assignments may be subject to rotation. E.9, .., mower responsibilities could be assigned for mowing season based on combination of district seniority, experience, skills and training needs. G. Out of classification work exceptions and overtime work exceptions: The parties agree that when any of the following occur, then the criteria set forth above pertaining to out of class pay and overtime work opportunities shall not be adhered to: 1) Management declarations of emergency circumstances. 2) Management determines there are safety risks. 3) L & I registered need for training and experience relevant to the apprenticeship program. Further, training opportunities will need to be revisited by management if, as an example, several senior employees are not receiving work for training purposes. 4) Emergency call outs include having employee listings, making three (3) calls, then appointment of least senior person to work call out; provided, however, an exception would be logistical in nature where time is of the essence and proximity of employee assignment is a factor such as accidents, road closures, fatalities, extreme weather, etc. .President of Association Guideline. The Employer and Association agree that the President of the Association have the right to use the provisions in Section 4 above to explain to the members the procedures to be applied and administered. Further, that the provisions of Section 4 supersede any conflicting CBA and MOA provisions. 6. Management Guideline. The Employer and Association agree that management has the right to utilize the provisions of Section 4 above when administering the topics addressed therein. Further, that the Supervisors at the district level are critical in the decision-making process based on their familiarity with the experience, skills, training, seniority, etc. within the district and shall receive significant deference in exercising their judgment. 7. Non -Precedence and Precedence. The provisions relating directly to Grievants/Employees shall be unique to their grievances and the acknowledgements set forth in Section 3 above. Sections 4, 5 and 6 are precedent setting and shall Page 4 of 8 a supersede any conflicting provisions contained in the current CBA and current HEO MOA. Waiver and release of Claims. In consideration of the benefits reflected in this Agreement, and as a material inducement to the Employer, the Association, and the Grievants/Employees enter into this Agreement. The Employer, the Association, and the Grievants/Employees release each other from any and all past and present grievances, claims, ULPs, complaints, charges, etc. arising out of the Grievants/Employees' employment with the Employer and any and all claims arising out of the representation by the Association arising on or before the effective date of this Agreement. The Grievants/Employees release all past and present grievances, claims, ULPs, complaints, charge, etc., if any, against the Employer, Employer's elected and appointed officials, employees, attorneys and agents arising out of Grievants/Employees' employment with the Employer, including, but not limited to, the release of any and all claims for individual relief in any forum. The Grievants/Employees release all Grievants/Employees' past and present claims, if any, against the Association, Association's officials, employees, and agents arising out of the Association's representation of the Grievants/Employees' interests, including, but not limited to, the release of any and all claims for individual relief in any proceedings. The Association releases the Employer from the.application of any current CBA provisions and ILEO MOA provisions which conflict with the provisions of Section 4 of this Agreement. Non -Admission.. This Agreement shall not be construed as an admission by the Employer of any liability to the Grievants/Employees, breach of any agreement between the Employer, the Association and the Grievants/Employees, or violation by the Employer of any statute, law, or regulation. This Agreement shall not be construed as an admission by the Association of any liability to the Employer and the Grievants/Employees, any breach of any agreement between the Association, the Grievants/Employees and the Employer, or violation by the Association of any statute, law, or regulation. 10. Breach and Enforcement. The Employer, the Association, and the Grievants/Employees agree that this Agreement may be specifically enforced and may be used as evidence in a subsequent proceeding in which a party alleges a breach of this Agreement. The parties agree that in the event of an alleged breach of this Agreement, the parties will first attempt to resolve their differences through PERC Mediation. If FERC Mediation does not resolve the matter then the parties shall submit the matter to arbitration pursuant to the provisions of the current CBA. Each party shall be responsible for their own attorney's fees, costs, expenses, Arbitrator fees, costs and expenses, etc. Page 5 of 8 11. Complete AeFreement. This Agreement represents and contains the entire understanding between the parties in connection with the subject matter of this Agreement. The Agreement shall not be altered or varied except in a writing signed by the Employer, the Association and the Grievants/Employees. 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. 12. 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. 13. Reliance and Right to Consult with an Attorney. The Grievants/Employees and Association represent and acknowledge that in executing this Agreement, they do not rely and have not relied upon any representation or statement 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 Grievants/Employees and Employer represent and acknowledge that in executing this Agreement, they have not relied upon any representation or statement not set forth herein made by the Association or by any of the Association's employees, agents, representatives, or attorneys with regard to the subject matter, basis or effect of this Agreement or otherwise. The Grievants/Employees understand and agree that they were provided the right to Consult with their personal attorney and have been encouraged to do so. 14. Signature in Counterpart and Facsimile Procedures. This Agreement may be executed in counterpart and shall be binding upon the parties. Transmission of this Agreement by pdf shall serve as an original and be binding. The parties may circulate duplicate originals of this document for signature so that each party has an original of this agreement showing signatures of all parties. 15. Attorneys' Fees, Costs and Expenses. Each party shall be solely responsible for paying for their own attorney's fees, costs and expenses. 16. Arbitrator's Fees, Costs and Expenses. The Employer and the Association shall each pay one-half (1/2) the Arbitrator's fees, costs and expenses inclusive of the Arbitrator's cancellation fees and costs. 17. Effective Date. The effective date of this Agreement shall be the date on which it is fully executed by all the parties hereto. Page 6 of 8 THE TERMS AND CONDITIONS OF THIS AGREEMENT are hereby accepted by the parties as confirmed by the signatures below: 0 EMPLOYER, 19 BOARD OF GRANT COUNTY COMMISSIONERS, 4 V Cindy Carter, khairperson of the Board Date GRANT COUNTY PUBLIC WORKS DEPARTMENT: Sam Castro', Public Works Director Date Kirk Eslinger, Director of Organizational Date Services Mknke, Management attorney 04/25/24 Date 0 GRANT COUNTY PUBLIC EMPLOYEES ASSOCIATION* Mel Lotz, President Page 7 of 8 �is s zy Date Page 8 of ,s�say Date S !S a Date