Loading...
HomeMy WebLinkAboutAgreements/Contracts - Public WorksQRIGINAL UNFAIR LABOR PRACTICE SETTLEMENT AGREEMENT By and Between GRANT COUNn", GRANT COUNTY PUBLIC EMPLOYEES ASSOCIATION, And DEL LOTZ THIS UNFAIR LABOR PRACTICE 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 Mel Lotz (hereinafter referred to as Employee). WHEREAS, the Association and Employee filed an Unfair Labor Practice Charge on January 5, 2024. PEPS C assigned Case No. 138136-U-24. The Employer filed its, Answers and Affirmative Defenses on February 14, 2024. PER C Hearing Examiner Jessica Bradley was assigned on March 4, 2024. The ULP hearing was set to convene August 7-8, 2024. On July 8, 2024, counsel for the Association/Employee and the Employer requested PERC assign a Mediator. A request for ULP Hearing continuance was granted and issued on July 12, 2024. PEP, C Mediator Loyd Willaford was assigned on July 30, 2024. On December 23, 2024, Executive Director Mike Sellars issued a Blocking Charge relating to this case. Mediation convened on August 7, 2025. WHEREAS, the purpose of this Settlement Agreement is to avoid the uncertainty, risk and significant fees and expenses associated with protracted litigation and potential appeals as well as to establish a mutually acceptable basis for improvement of relations between the parties by establishing a reasonable basis for settlement of PEP C Case Number 138136-U-24; and, NOW, THEREFORE, the Employer, the Association, and the Employee hereby agree to the following settlement terms and conditions: 1. Employer Acknowledgement of Past Mistakes. Employer acknowledges that mistakes were made in the past by the prior administration. The Employer further acknowledges that the previous administration in Public Works made decisions and behaved in ways that left the impression that they were retaliating against Mel Lotz for his leadership role with the Association. Pagel of 2. Emplover--- Future Reasonable St The Employer agrees to take reasonable steps to prevent the past mistakes from reoccurring and to conform with the law. 5. Association and Emplo-vee Acknowledgement. The Association and Employee, as President, acknowledge that the new Employer leadership in Public Works Department is significantly better than the prior leadership. 6. No Pending Claims. The Association and Employee have no other claims, complaints, grievances, ULPs nor any other legal and/or administration law disputes pending relating to the facts and circumstances of this ULP. 7. Withdrawal and Dismissal with Prejudice of Pending Case,. The Association and the Employee agree to and hereby immediately withdraw and dismiss with prejudice the unfair labor practice charge filed against Grant County in Case No. 138136-U-24. Counsel for the Employee and Association shall send counsel for the Employer written confirmation of withdrawal and dismissal with prejudice of PERC Case No. 138136-U-24. 8. 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 Employee, the parties enter into this Agreement. The Employer, the Association, and the Employee release each other from any and all past and present grievances, claims, ULPs, complaints, charges, etc. arising out of the Unfair Labor Practice complaint filed 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 Employee releases 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 the Unfair Labor Practice complaint filed with the Employer. The Employee releases all Employee's past and present claims, if any, against the Association, Association's officials, employees, and agents arising out of the Association's representation of the Employee's interests. 9. Non -Admission. This Agreement shall not be construed as an admission by the Employer of any liability to the Employee, breach of any agreement between the Employer, the Association and the Employee, 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 Employee, any breach of any agreement between the Association, the Employee and the Employer, or violation by the Association of any statute, law, or regulation. Page 2 of 5 10. Breach and Enforcement. The Employer, the Association, and the Employee agree that this Agreement may be specifically enforced and may be used as evidence in a subsequent proceeding in which a party alleges a breach of this Agreement. The parties agree that in the event of an alleged breach of this Agreement, the parties will first attempt to resolve their differences through PERC Mediation. If PER C 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, Cpmplete Agreement ` This Agreement represents and contains the entire understanding between the parties in connection with the subject matter of this Agreement. The Agreement shall not be altered or varied except in a writing signed by the Employer, the Association and the Employee. 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 an'd'lonforcement of this Agreement shall be governed. by the laws of the State of Washington. 13. Reliance and Right to Consult with an Attorney. The Employee 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 Employee 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 w ith regard to the subject matter, basis or effect of this Agreement or otherwise. 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. Page 3 of 5 16. Effective 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: BOARD OF GRANT COUNTY COMMISSIONERS: ;2S Z4 1Q—�CtKa"Irperson of the Board Date GRANT COUNTY PUBLIC WORKS DEPARTMENT: - ------ And y*' Booth, --Z --it?r Public Works Director Date loom GRANT COUNTY HUMAN RESOURCES DEPARTMENT: Decorah Andersol:fFff-u­-m-an Resources Director Date eL REPRESENTED BY: thon) lenk , Management attorney 11/21/25 Date GRANT COUNTY PUBLIC EMPLOYEES ASSOCIATION: Mel Lott, President Page 4 of 5 Date EMPLOYEE: Mel Lott Date Page 5 of 5