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HomeMy WebLinkAboutAgreements/Contracts - Public WorksK21-077 UNFAIR LABOR PRACTICE SETTLEMENT AGREEMENT By and Between GRANT COUNTY, GRANT COUNTY PUBLIC WORKS DEPARTMENT AND GRANT COUNT PUBLIC EMPLOYEES ASSOCIATION Representing Public Works Employees THIS UNFAIR LABOR PRACTICE (ULP) SETTLEMENT AGREEMENT is entered into by and between Grant County, the Grant County Public Works Department (hereinafter together referred to as "Employer") and the Grant County Public Employees Association representing Grant County Public Works bargaining unit members (hereinafter referred to as "Association"). THE PROCEDURAL FACTS INVOLVING THIS ULP are that on October 9. 2020, the Association filed a ULP complaint with the Public Employment Relations Commission (PERC), Case No. 133077-U-20 alleging retaliation when the Employer initiated investigations of three employees for, in part, conducting union activity. On October 12, 2020, the Employer filed a Notice of Appearance. PERC dismissed part of the ULP complaint pertaining to discrimination. On November 19, 2020, PERC issued a Preliminary Ruling and Order on the remaining allegations contained in the statement of facts and complaint after having ordered the dismissal of allegations contained in the original ULP complaint. On December 8, 2020, the Employer filed an Answer and Affirmative Defenses. PERC appointed Examiner Daniel M. Hickey on December 14, 2020. On December 14, 2020, Employer Attorney Anthony F. Menke and Union Attorney Sydney Vinnedge issued an email communication to PERC ULP Administrator Dario de la Rosa jointly requesting possible resolution of the pending ULP case through PERC Mediation. On December 16, 2020, the parties received communication from PERC Labor Relations Adjudicator/Mediator Michael Snyder advising of his assignment to mediate PERC Case No. 133077-U-20. THE PURPOSE OF THIS UNFAIR LABOR PRACTICE SETTLEMENT AGREEMENT is to resolve all issues involving the pending Unfair Labor Practice allegations and charges currently before the Public Employment Relations Commission, Case No. 133077-U-20. THE CONSIDERATION FOR THIS ULP SETTLEMENT AGREEMENT (hereinafter referred to as Agreement) is the mutual undertakings set forth herein: NOW, THEREFORE, the Employer and the Association do hereby agree as follows: 1. Complaint and Investigation Documents. All evidence relating to the investigation and findings of Tina Brissey, Karen Maedke, and Ruth Mina as a result of the Loc Ohl complaint, will be placed in a separate confidential file kept at the Human Resources office. All documents will be excluded from the employees' personnel files. The separate confidential file and its contents are for the purposes of defending the Employer against any and all claims, lawsuits, administrative complaints, grievances and arbitrations which may be filed against the Employer by or on behalf of any and all the employees Page 1 of 4 and/or in any way involving any and all the employees. These confidential documents may not be used for disciplinary purposes or used to support the Employer's position in a disciplinary grievance or arbitration. "All evidence" includes this Settlement Agreement, Notices of Investigation, Investigation Determination Notices, Final Investigative Reports, underlying complaints, allegations, writings, findings and recordings involving Tina Brissey, Karen Maedke, Ruth Mina and Loc Ohl. 2. Not for Disciplinary Purposes. The Loc Ohl complaint, investigatory findings, investigatory proceedings, records relating thereto, etc. shall not serve as evidence in any future disciplinary proceeding involving Tina Brissey, Karen Maedke and Ruth Mina. 3. Conditional Confidentiality. The Association and Employer understand and agree that the above records are conditionally confidential. This means that for purposes of future disciplinary proceedings involving Tina Brissey, Karen Maedke and Ruth Mina, the records cannot and shall not be used for those purposes. However, the Employer has the right to utilize any and all records/documents to protect itself from any and all claims, lawsuits, grievances, arbitrations and/or administrative complaints filed by or on behalf of any and all the employees. These records are not confidential and are admissible for the purposes of defending the Employer. The Association and Employer understand and agree that these records may be subject to the Public Records Act and requests made thereunder as well as potential Freedom of Information requests. If such requests are made, the parties will cooperate with one another to comply with the laws. 4. ULP ]Dismissal and Withdrawal with Prejudice. Upon execution of this Agreement, the Association shall immediately dismiss and withdraw with prejudice in writing the pending ULP PERC Case No. 133077-U-20. 5. Breach and Enforcement. The Association, and the Employer agree that if there is an alleged breach of the terms of this Agreement, the issues will first be submitted to PERC for mediation proceedings. If mediation does not resolve the issues, then the parties agree to submit to binding grievance arbitration in accordance with the terms of the applicable CBA. Each party shall pay for their own attorney's fees, expenses, witness fees and costs, etc. and shall share equally the Arbitrator's fees, expenses and costs. 6. Non -Admission. This Agreement shall not be construed as any admission by the Employer and the Association of any liability to each other and to any and all of the employees Involved in this matter. Each party denies having violated of any and all statutes, laws and regulations. Page 2 of 4 7. Waiver and Release of Claims. The parties release each other from any and all past and present claims against the other parties arising on or before the effective date of this Agreement involving PERC Case No. 133077-U-20. The Employer hereby waives and releases any past and present claims, if any, against the Association and employees including their attorneys, agents and officials regarding the subject matter of PERC Case No. 133077-U-20. The Association and employees hereby waive and release any and all past and present claims, if any, against the Employer, including its attorneys, agents, elected officials and employees involving the subject matter of PERC Case No. 133077- U-20. 8. Signature in Counterpart and Facsimile Procedures. The parties agree this Agreement is subject to being executed and completed in counterpart by scanning compiling and combining the signature pages. The scanned, compiled and combined signature pages shall be binding upon the parties. Transmission of this Agreement by pdf by the parties shall serve as an original and be binding on all parties. 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. 9. Attorneys' Fees, Costs and Expenses. Each party shall be solely responsible for paying for their own attorney's fees, costs and expenses. 10. Full and Complete Agreement. The parties agree that there are no other terms, promises, or conditions of settlement that are not set forth herein. The Association, and the Employer agree that this Agreement is a full, complete, and final settlement of any and all facts and issues addressed in PERC Case No. 133077-U-20. 11. Joint Preparation of Agreement. Both parties have cooperated and participated in the drafting and preparation of this Agreement. Therefore, the parties agree that this Agreement shall not be construed nor admitted against any party on the basis that one or the other the party drafted the terms and conditions of this Agreement. 12. Governing Law. The interpretation and enforcement of this Agreement shall be governed by the laws of the State of Washington as regards public sector labor law. 13. Effective Date. This Agreement shall be effective beginning when the last signing party has signed where indicated below. Page 3 of 4