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HomeMy WebLinkAboutAgreements/Contracts - Human ResourcesNOTE TO FILE: Signed by BOCC Chair, Tom Taylor on 2/5/19 without being on ASC agenda (walked on by Kirk in his HR agenda): Discipline Settlement and Stipulations Agreement By and Between Grant County And Teamsters Local 760/CO Larry Stacy K19-013 DISCIPLINE SETTLEMENT AND STIPULATIONS AGREEMENT By and Between GRANT COUNTY And TEAMSTERS LOCAL 760/CO LARRY STACY THIS DISCIPLINE SETTLEMENT AND STIPULATIONS AGREEMENT is entered by and between Grant County/Grant County Sheriffs Office (hereinafter referred to as "Employer"), and Teamsters Local 760 and CO Larry Stacy (hereinafter referred to as "Union and Employee") The consideration for this Agreement is the mutual undertakings set forth herein. NOW, THEREFORE, Employer, Union and Employee do hereby agree as follows: 1. Misconduct of EmDlovee: Misleading the Employer during the course of an investigation into representations made by the Employee to the Employer about seeking medical attention. Although Employee reported to the Supervisor that he had gone to a medical provider, in actuality he had not done so until approximately 2 weeks after telling the Employer he had gone to the medical provider. Later, the Employee admitted to misleading the Employer prior to the conduct of a Pre - Disciplinary Action (Loudermill) meeting. While the misconduct is serious, it does not warrant discharge/termination as determined by the Sheriff 2. Relevant CBA Provisions: ARTICLE 5 — MANAGEMENT RIGHTS 5.1 The Union recognizes the prerogative of the Employer to operate and manage its affairs in all respects in accordance with its responsibilities, lawful powers and legal authority. All matters not expressly covered by the language of this Agreement or by state law, shall be administered for the duration of this Agreement by the Employer as the Employer from time -to -time may determine. ... d. The right to discipline any and all employees as provided in the disciplinary article of this Agreement and/or as provided by the Rules and Regulations of the Grant County Civil Service Commission. Page 1 of 7 ARTICLE 8 — DISCIPLINE 8.1 The Sheriff or his designee may discipline an employee for just cause, inclusive of, but not limited to, the following: h. Misconduct and/or negligent performance of duties; i. Violation of written or verbal County Office or Department directives, work rules, regulations, policies and procedures; p. Failure to properly record, schedule, notify, communicate, process and/or file any and all matters, whether written or verbal, consistent with standard verbal, written or practiced procedures as determined by the Sheriff or their designee; s. Any other just causes set forth in Civil Service Rules and Regulations; t. Any other just causes supported and consistent with case law and/or arbitration cases. 8.2 The Employer may discipline any employee for just cause. If the Employer has a reason to discipline an employee, it shall take reasonable measure to carry out the discipline in a manner which will least embarrass the employee if possible. The Employer shall have the right to implement the following forms of discipline: a. Oral reprimand; b. Written reprimand; C. Suspension without pay; d. Suspension with pay pending investigation; e. Discharge or termination. The discipline imposed shall be correlated to the seriousness of the offense as determined by the Sheriff or their designee. The Employer may impose progressive discipline in order of increasing severity from oral reprimand to discharge but shall not be required to follow progressive discipline where the Employer makes a determination that the circumstances warrant immediate imposition of a more severe form of discipline up to and including discharge or termination even though an employee may not have any other disciplinary actions of record in the employee's personnel file. Page 2 of 7 8.5 In the event the Sheriff or his designee, under normal circumstances not under conditions reflected in Section 8.4 above, determines that an employee may be suspended without pay due to charges and/or alleged misconduct(s) then the Sheriff or their designee will notify the employee and Union representative of the charges and/or alleged misconduct(s) in writing. The Sheriff will hold a pre -disciplinary action meeting to provide the employee and/or Union representative an opportunity to respond to the charges and/or alleged misconduct(s) within a reasonable period of time. Thereafter, the Sheriff will determine whether or not to proceed with a suspension without pay. 3. Discipline of Employee: As a result of the above described misconducts and in lieu of discharge/termination, the Sheriff has determined that a ten (10) day suspension without pay shall be administered. In addition, there shall be a last chance obligation on the part of the Employee. The last chance obligations of the Employee are set forth in Section 4 below. 4. Last Chance Agreement: This Last Chance Agreement (LCA) is part of the combination disciplinary action reflected in this Agreement. The Employee agrees and understands that the Employer has offered him this combination disciplinary action opportunity as a last chance for him to demonstrate his compliance with the Employer's standards of conduct. This last chance agreement in addition to his suspension without pay is in lieu of the employee being discharged/terminated from the employment. The Employee understands that his continued employment by the Employer will be governed by the terms of this Agreement as follows: (a) The Employee agrees to conform to the Employer's standards of conduct regarding misrepresentations, misleading information and/or dishonesty. (b) The Employee shall maintain satisfactory job performance, conduct and attendance and be subject to further escalating levels of discipline up to and including discharge/termination for any failure to meet standards. (c) The Employee agrees that the terms and conditions of this Agreement, which includes this last chance agreement, is the final opportunity for the Employee and any violations of the standards of conduct of which he was alleged to have violated set forth in (a) above giving rise to this LCA shall result in the discharge/termination of the Employee's employment with the Employer. Page 3 of 7 (d) If the Employer terminates the Employee for violation of this LCA, the parties acknowledge that any challenge to the Employer's decision via the grievance procedure will be limited to whether the Employee violated the terms of this Last Chance Agreement. (e) The duration of this LCA shall be twelve months from the date of execution by the signing party. 5. No Pending Claims: The Employee and Union represent that there are and shall not be any claims, lawsuits, grievances or other challenges involving the facts and circumstances and terms and conditions contained in this Agreement, filed against the Employer with any court or governmental agency. 6. Non -Precedent Status of this Agreement: In addition to the Stipulations set forth in Section 11 below, the Employer, the Union and the Employee agree that none of the parties shall ever use any of the facts and circumstances involving this matter as well as the terms and conditions of this Agreement, as a precedent admissible in any pending proceedings inclusive of pending arbitrations, grievances, future arbitrations, future grievances or any other challenges between the Parties. 7. Waiver and Mutual Release of Claims: The Employer, the Union and the Employee release each other from any and all past and present claims, grievances, etc, against the other parties arising on or before the effective date of this Agreement regarding any of the facts and circumstances involving this matter and the 'terms and conditions of this Agreement. 8. Release and Counsel: The Employer, the Union and the Employee have mutually agreed to the terms and conditions of this Agreement. The Employee understands and acknowledges the significance and consequences of this Agreement and expressly confirms that it is to be given full force and effect according to each and all of its expressed terms and provisions. The Employee acknowledges that he has been given full opportunity and has been encouraged to consult an attorney of his choice regarding this Agreement. Knowing and understanding so, the undersigned accepts the terms of this Agreement in full settlement of the issues involving this disciplinary action. 9. Non -admission: Page 4 of 7 This Agreement shall not be construed as an admission by the Employer of any liability to the Union and the Employee for breach of any agreement between the Employer, the Union 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 Union of any liability to the Employer and the Employee for breach of any agreement between the Employer, the Union and the Employee, or violation by the Union of any statute, law or regulation. 10. Breach and Enforcement: The Employer, the Union and the Employee agree that the terms and conditions of this Agreement may be specifically enforced in court and may be used as evidence in a subsequent proceeding only in the event one party or the other alleges a breach of the specific terms and conditions of this Agreement. This provision shall not be construed in any way in violation of Section 6 above and the stipulations Section 11 below prohibiting the admissibility of any of the facts and circumstances involving this matter and any of the terms and conditions of this Agreement, as precedent in any pending proceedings inclusive of pending arbitrations, grievances, future arbitrations, future grievances or any other challenges between the Parties. 11. Stipulations: The Employer, the Union and the Employee stipulate that none of the facts and circumstances leading up to this Agreement or the terms and conditions of this Agreement, shall be admissible in any proceedings inclusive of pending arbitrations, grievances, future arbitrations, future grievances or any other challenges between the Parties. The Employer, the Union and the Employee further stipulate that should there -be any violation of this stipulation during any pending arbitration or future arbitration, regardless of whether the violation was unintentional, accidental or intentional, the parties shall immediately cease the affected arbitration proceedings except as set forth hereinbelow, mutually dismiss the arbitration (violating party shall pay the full costs, fees and cancellation fees of the arbitrator) and shall endeavor to select a new arbitrator to hear the arbitration in a completely separate proceeding. The parties further stipulate that prior to dismissing the case, the arbitrator shall retain the authority to enter an award for arbitrator's costs, fees and cancellation fees against the violating party. Said award shall be final and binding. 12 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 unless in a writing signed by the Employer, the Union and the Employee. It is expressly acknowledged and recognized by all parties that there are no oral or written collateral agreements, Page 5 of 7 understandings or representations between the parties other than as contained in this document, and any such prior agreements are specifically terminated. Paragraph headings utilized in this Agreement are for reference convenience only and have no independent meaning. 13. Governing Law: The interpretation and enforcement of this Agreement shall be governed by the laws of the State of Washington. 14. Signature in Counterpart and E-mail and/or Facsimile Procedures: This Settlement Agreement may be executed in counterpart and, when signed by all parties, whether separately or together, shall be binding upon the signatory parties. Transmission by e-mail attachment (.pdf) shall be considered an original and be binding on the signatory parties. 15. Reliance and Right to Consult with an Attorney: The Employer, the Union and the Employee represent and acknowledge that they have consulted their own attorney and/or representative regarding the terms and conditions of this Agreement. Further, that the parties do not rely on and have not relied upon any representation or statement not set forth in this Agreement made by the Employer or the Union or by any of the Employer's or Union's employees, agents, representatives, or attorneys with regard to the subject matter. 16. Effective Date: The effective date of this Agreement shall begin after the last signing party executes and dates this Agreement. EMPLOYER: GRANT COUNTY T Tom Taylor, Chai erson of Board Page 6 of 7 z/5f t -t Date Rsprsnnbtd ti �311�t AMfi+any F�—M, aMa =rd aomW Date UNION: TEAMSTERS LOCAL 7#!i} -Lit.—Ate Leone Ciouc 5 ty Tmewror Represented hy: 11 J c Hoila , Teamster eti mey Date EMPLOYEE: FIC-TOPT wly, � "It Page 7 of 7