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HomeMy WebLinkAboutAgreements/Contracts - Sheriff & JailARBITRATION SETTLEMENT AGREEMENT By and Between GRANT COUNTY, GRANT COUNTY SHERIFF'S OFFICE,, TEAMSTERS LOCAL 760 THIS ARBITRATION SETTLEMENT AGREEMENT is entered into by and between Grant County and Grant County Sheriffs Office to, hereinafter referred to as "Employer"), Teamsters Local 760, representing Grant County Correctional officers (hereinafter referred to as the "Union"), Eric Shafer, Dan Durand, Derek Jay, Josh Erickson, James Weaver and Ray Harrington, (hereinafter referred to as "Grievant/Employees"). WHEREAS, Grievant/Employee Eric Shafer filed a grievance with Employer on January 24$ 2022, alleging he and other Corrections Courtroom Deputies were not paid holiday pay for December 24, 2021, based on the relevant CBA holiday language. Subsequent communications between the parties' attorneys identified five (5) additional Corrections Courtroom Deputies who were not paid holiday pay for December 24, 202 1. Further, the same circumstances occurred for December 24, 20221, based on the continuity of the relevant 2021 CBA language through 2022 which made reference to the County's holidays schedule on the intranet reflective of the paid holidays. The parties did correct the CBA language at issue in March 2023 so that these circumstances will never manifest themselves again. The parties' attorneys on behalf of their clients and the parties themselves hav,,i,, mutually agreed to proceed with settlement of all issues; and, WHEREAS, THE PURPOSE OF THIS ARBITRATION SETTLEMENT AGREEMENT (hereinafter referred to as "Agreement") is to save the parties from the uncertainty of an Arbitration proceeding and to save the direct and indirect expenses associated with protracted arbitration; and, NOW, THEREFORE, the Employer, the Union, and the Grievant/Employees hereby agree to the following terms and conditions: 1. Empl2yer Ea ment to Grievant/Em to ees. As a basis for complete settlement of the Union and Grievant/Employees' claims for holiday pay for December 24, 2021, and December 24, 2022, the Employer agrees to pay Grievant/Employees 1. Lt. Daniel Durand 2. Lt. Derek Jay 3. Sgt. Joshua Erickson 4. Cpl. James Weaver 5. C/D Raymond Harrington 6. C/D Eric Shafer Page 1 of 6 sixteen (16) hours of straight time pay less deductions. If any of the Grievant/Employees have left employment, such as quitting, disciplinary discharge, retirement, etc., the payment will be for the 16 hours only less deductions and shall not impact total wages for the period of employment nor shall they impact retirement and any other benefits which may have impacted overall wages based on the payment of holiday pay based on this settlement. 2. No Pending Claims. The Grievant/Employees and the Union represent there are no other pending grievances, claims, lawsuits, ULPs and/or cases filed against the Employer in any admim*strative agency, admiDistrative law forum, any grievance procedures, any court and any governmental a►gency regarding the facts and 0 circumstances of the subject matter of this pending Arbitration. 3. Withdrawal and Dismissal of Pending Arbitration and Issues. The Union and the Grievant/Employees agree and hereby do immediately withdraw and dismiss with prejudice the pending Arbitration and all issues associated with the subject matter of the Arbitration. The Union will submit written confirmation of withdrawal Ift. and dismissal with prejudice ot the Arbitration and issues to the Employer attorney. 4. Non -Precedence. This Arbitration relates to only the six (6) Correctional Courtroom deputies regarding payment of hol Way pay for December 24, 202 1, and December 24, 2022, based on the relevant 2021 CBA language through 2022. The parties did correct the CBA language atissue, in March 2023 so these circumstances, will never manifest themselves again and this settlement shall not set precedent for the future. 5. Waiver and Release of Claims. In consideration of the benefits reflected in this Agreement, and as a material inducement to the Employer, the Union, and the Grievant/Employees enter into this Agreement. The Employer, the Union, and the Grievant/Employees release each other from any and all past and present grievances, claims, complaints, etc., an*smg out of the pending Arbitration facts and issues relating to holiday pay with the Employer and any and all claims arising out of the representation by the Union arising on or before the effective date of this Agreement. The Grievants/Employees release all past and present grievances, claims, complaints, etc., if any, against the Er. ployer, Employer's elected and appointed officials, employees, attorneys and agents arising out of the pending Arbitration facts and issues relating to holiday pay with the Employer. The Grievants/Employees release all Grievants/Employees' past and present grievances, claims, complaints, etc., if any, against the Union, Union's officials, attorneys, employees, and agents arising out of the Ullion's representation of the Grievant/Employees' interests. Page 2 of 6 9. 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. Sianature in CounterRart and Facsimile Procedures. This Agreement may b 0 0 executed in counterpart and shall be binding upon the parties. Transnussion of thi Agreement by pff shall serve as an on..'ginal mrid be bm'ding. The parties m circulate duplicate originals of this document for signature so that each party has 0 original of this agreement showing signatures of all parties. 12. Attornele Fees, Costs and ExRensel. Each party shall be solely responsible for 0 paymg for their own attorney's fees, costs and expenses. 13. Arbitrator's Fees, Costs and Expenses. The Employer and the Union shall each pay one-half (1/2) the Arbitrator"s fees, costs and expenses inclusive of the Arbitrator's cancellation fees and costs. 14Effective Date. The effective date of this Agreement shall be the date on which it is fully executed by all the parties hereto, THE TERMS AND CONDITIONS OF THIS AGREEMENT are hereby accepted by the parties as confirmed by the signatures below: EMPLOYER: DATED this ay of L94r, 2024. oft D'stict 2 pnes, Co. issioner I er, Commissioner — District 3 • 0 ool Decorah Anderson -Cook Human Resources Director V . inTsSecretary/Treasurer Richar' ASal' 12 Date EMPLOYEES'SIGNAT-URES ON NEXT PAGE ��Wfl 0 EMPLOYEE. Rw.; Ha *ngton le L��Ml� Date Date' Date ! �� -O?q Date Date