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HomeMy WebLinkAboutAgreements/Contracts - Human ResourcesORIGINAL UNFAIR LABOR PRACTICE SETTLEMENT AGREEMENT By and Between GRANT COUNTY, GRANT COUNTY PUBLIC EMPLOYEES ASSOCIATION, And RUTH MINA 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 Ruth Mina (hereinafter referred to as Employee). "EREAS, the Association and Employee filed an Unfair Labor Practice Charge on July 31, 2024. PERC assigned Case No. 140052-U-24. The Employer timely filed its Answers and Affirmative Defenses on August 27, 2024. PERC Hearing Examiner Daniel Comeau was assigned on August 19, 2024. The ULP hearing was set to convene June 24-26, 2024. On May 14, 2025, counsel for the Association/Employee and the Employer requested PERC assign a Mediator. A request for ULP Hearing continuance was granted. PERC Mediator Loyd Willaford was assigned. "EREAS, Employee Ruth Mina alleged the Employer hired her in one position which was alleged to have been divided into two positions. After the Employee was hired, the Employer elected not to split the position which allegedly resulted in the Employee having to work more than one position's job requirements. It was alleged that when the Employee could not keep up with the work, there were PIPS issued for alleged failure to timely complete tasks. "EREAS, the purpose of this Agreement is to avoid the uncertainty, risk and significant fees and expenses which would be incurred by both the Employer and the Association if there were 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 PERC Case Number 140052-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 Page 1 of 5 �[=rA"=y�/ET` "N N 0 f 0.NERS works made decisions that left the impression that they were not being fair with the Employee. 2. Employer Future Reasonable steps. The Employer agrees to take reasonable steps to prevent the past mistakes from reoccurring. 5. Association and Employee Acknowledgement. The Association and Employee acknowledge that the new Employer administration in Public Work is significantly improved over the prior leadership. The Association and Employee pledge their commitment to perform the work in a productive and efficient manner consistent with the expectations of the new administration. 6. No Pending Claims. The Association and Employee have no other claims, complaints, grievances, ULPs lawsuits, nor any other legal and/or administrative 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 pending ULP charge PERC Case No. 140052-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. 140052-U-24 within thirty (30) calendar days of the signing of this Agreement by all parties. 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 ULP and its facts as alleged by the Association and the Employee as well as any and all claims arising out of the representation by the Association. 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 by the Association and Employee. 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 and the Association, breach of any agreement between the Employer, the Association and the Employee, and/or any violation by the Employer of any statute, law, or regulation. This Page 2 of 5 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, nor any violation by the Association of any statute, law, or regulation. 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 any 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 PERC 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. 11. Complete Agreement. This Agreement represents and contains the entire understanding between the parties in connection with the subject matter of this Agreement. The Agreement shall not be altered nor 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 Laws. 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 Attor . 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. The Employer represents and acknowledges that in executing this Agreement, they have not relied upon any representation or statement not set forth herein made by the Association, the Employee or by any of the Association's and/or Employee's fellow employees, agents, representatives, or attorneys with regard to the subject matter, basis or effect of this Agreement or otherwise. 14. Sigi nature n Counterpart and Facsimile Procedures. This Agreement may be signed and agreed to 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 Page 3 of 5 signature so that each party has an original of this agreement showing signatures of all parties. Attornevs' Fees Costs and Expenses. Each party shall be solely responsible for paying for their own attorney's fees, costs and expenses. 16. Effective Date, The effective date of this Agreement shall be the date on which it is fully executed by all the parties heretot THE TERMS AND CONDITIONS OF THIS AGREEMENT are hereby accepted by the parties as confirmed by their signatures below: EMPLOYER4 BOARD OF GRANT COUNTY CO1MISSIONER$*0 Rob�aa irperson of the Board Date GRANT COUNTY PUBLIC WORKS DEPARTMENT: 7 Andy cloth, Public Works Director Date GRANT. COUNTY HUMAN RESOURCES DEPARIME Nil: Decorah Anderson, Human Resources Director REPRESENTED BY: n ony nke, anaaement attorney Page 4 of 5 12-3D 2D25 Date 12/15/2025 Date GRANT COUNTY PUBLIC EMPLOYEES ASSOCIATION: .1.1 Mel C, LAZ-,-,President .1 plo a Page 5 of 5 Date Date