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GRIEVANCES ARBITRATION SETTLEMENT AGREEMENT
THIS GRIEVANCES ARBITRATION SETTLEMENT AGREEMENT, hereinafter referred to
as "Settlement Agreement," is entered into by and between Grant County and the Grant County
Sheriff, hereinafter collectively referred to as "Employer," and the Grant County Deputy Sheriffs'
Association, hereinafter referred to as the "Association."
THE PURPOSE OF THIS SETTLEMENT AGREEMENT is to address settlement of Grievance
#1 and PERC Case No. 128912-G-17 and Grievance #2 and PERC Case No. 128917-G-17, which
were merged into one pending arbitration, all pertaining to the calculation of holiday pay. The
Employer and the Association recognize, from both disputed perspectives, that the parties believe it
is in their best interests to settle the holiday pay grievances through new language being included in
the 2018-2020 CBA reflective of compromises by both parties.
WHEREFORE, the Employer and Association agree to the following terms and conditions:
1. Facts:
1.1 Grievance #1 and PERC Case No. 128912-G-17: On March 3, 2016, the Association
filed a first grievance alleging issues with the administration of the holiday pay
provision contained in Article 21 of the current CBA. On March 22, 2016, the
Employer timely filed a Step 1 Grievance Response, denying the grievance. On April
6, 2016, the Association filed notice of advancement of the grievance to Step 2 of
Article X — Grievance Procedure of the current CBA. On April 29, 2016, the
Employer timely filed a Step 2 Grievance Response in accordance with Article X of
the current CBA. On May 31, 2016, the Association filed notice of advancement of
the grievance to Step 3 in the Article X — Grievance Procedure. An arbitrator was
selected and the parties agreed to defer arbitration proceedings pending the outcome
of 2018-2020 CBA negotiations.
1.2 Grievance #2 and PERC Case No. 128917-G-17: On December 23, 2016,
the Association filed a second grievance alleging issues with the administration of
the holiday pay provision contained in Article 21 of the current CBA. On
December 27 and 29, 2016, the attorneys for the Employer and the Association
discussed and agreed to move the second grievance to Step 2. On January 13, 2017,
the Employer timely filed a Step 2 Grievance Response denying the grievance. An
arbitrator was selected and the parties agreed to defer arbitration proceedings
pending the outcome of 2018-2020 CBA negotiations.
1.3 Consolidation of Grievances for Arbitration purposes: On February 8, 2017, the
attorneys for the Employer and the Association agreed to consolidate grievance #1
and grievance #2 for Arbitration purposes. On January 30, 2017, the Arbitration
hearing was set for May 3 and 4, 2017. The attorneys for the Employer and the
Association agreed to defer Arbitration proceedings pending the outcome of 2018-
2020 CBA negotiations.
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2. Contract Languageges: The Employer and Association agree that from the date of
signing of the 2018-2020 CBA by the last signing party forward and from the date of signing
of this Settlement Agreement by the last signing party forward, holiday pay provisions will
be carried out in accordance with the following revised CBA language:
ARTICLE XXI — HOLIDAYS
21.1 Employees shall be entitled to the following legal holidays:
New Year's Day
January 1
Martin Luther King, Jr., Day
Third Monday in January
Presidents' Day
Third Monday in February
Memorial Day
Last Monday in May
Independence Day
July 4
Labor Day
First Monday in September
Veterans' Day
November 11
Thanksgiving Day
Fourth Thursday in November
Day after Thanksgiving Day
Christmas Eve
December 24
Christmas
December 25
21.2 County Designation of Holidays: The Employer will maintain a holiday calendar for
each year and publish it on their intranet and internet pages. This schedule reflects
the dates that the County will observe legal holidays for those positions not normally
scheduled to work weekends. Those positions that are normally scheduled to work
weekends will follow the schedule for legal holidays depicted in the table above.
Effective beginning in the first full payroll period following signature of the CBA by
the last signing party, holiday pay shall be paid on the basis of the length of the shift
(8, 10 or 12 hours). For employees who do not work on a holiday, they shall receive
straight time pay for the length of their shift. Employees who are required by the
Sheriff or his designee to work on a designated holiday shall receive time and one-
half (1 and %2) their regular hourly rate for all hours worked on the holiday in addition
to the straight time holiday pay for the length of their shift as mentioned above.
These provisions are subject to the Sheriff's authority, as expressed in Section 21.3
below, to determine which employees will work on holidays.
21.3 The Sheriff or his designee shall determine, from time to time, which employees will
work on any county -designated holiday. The Sheriff or designee shall make the
determinations about which employee(s) are going to work a designated holiday by
providing a minimum of seven (7) days advance notices to the affected employees
regarding the shift changes and/or changes to the work days as contained in Article
XI — Hours of Work — Overtime. The only notice that is necessary is the minimum
of seven (7) days advance notice and none of the provisions in Sections 11.1 a. and
11.5 pertaining to shift change notice, as well as any other CBA provisions
addressing prior notification of changes to work days and work shifts, shall be
applicable to the Sheriffs determinations and scheduling as to which employees
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work on any county -designated holiday as determined by management and the
Director of Human Resources.
If the Sheriff determines that an employee shall work a holiday, said employee will
receive time and one-half times pay for hours worked on an actual holiday in addition
to the straight time holiday pay for the length of their shift, as determined by the
Sheriff and the Director of Human Resources, from 0600 to 0600 hours.
If the Sheriff determines that an employee shall not work a holiday as determined by
management and the Director of Human Resources, said employee will only receive
the straight time pay referenced above in Section 21.2 for the length of the shift.
21.4 Holidays occurring at the beginning, during or at the end of a period of annual leave
are not charged as annual leave.
Association and Employer Waiver of Claims: The Association and the bargaining unit
members hereby agree to waive and forego any and all claims they may have for holiday
pay. The Employer hereby agrees to waive and forego any and all claims the Employer may
have for overpayment of holiday pay. The Association and Employer agree that all alleged
holiday pay claims are hereby forever waived and resolved as a result of the new provisions
contained in the 2018-2020 CBA and the terms and conditions of this Settlement Agreement.
4. Withdrawal and Dismissal of Grievances and Pending Arbitration with Prejudice: The
Association hereby immediately withdraws and dismisses with prejudice the pending
grievances and the arbitration.
Non -Admission. This Settlement Agreement shall not be construed as an admission by the
Employer of any liability to the Association and to the bargaining unit members for any
breach of agreement nor shall this Settlement Agreement be construed as an admission by
the Employer of any violation of any statute, law, or regulation. This Settlement Agreement
shall not be construed as an admission by the Association or any of the bargaining unit
members of any liability to the Employer for any breach of agreement and any violation of
any statute, law, or regulation.
6. Fees, Expenses, and Costs. The Association and the Employer agree that each shall be solely
responsible for their own attorney's fees, costs, expenses, witness fees, etc. The parties also
agree that they shall share equally the fees, costs, and expenses of the Arbitrator inclusive of
any cancellation fees and costs.
7. Joint Preparation of Settlement Agreement. The Association and the Employer jointly
drafted this Settlement Agreement. No construction of the terms and conditions of this
Agreement by an Arbitrator and/or any court shall be construed against either party on the
basis of participating in the drafting.
8. 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.
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9. Dispute Regarding the Terms and Conditions of this Settlement Agreement: In the event of
a dispute concerning the terms and conditions of this Settlement Agreement, the dispute shall
first be submitted to PERC mediation for resolution. If mediation does not work, the matter
shall be submitted directly to arbitration in accordance with the applicable CBA. Each party
shall pay their own attorney's fees, costs, and expenses. Each party shall pay one half of the
Arbitrator's fees, costs, and expenses.
10. Governing Law. The laws of the State of Washington shall govern the interpretation and
enforcement of this Settlement Agreement.
11. Effective Date: This Settlement Agreement shall be effective upon the date of signing by
the last signing party.
12. Full and Complete Settlement: The Association and its members and the Employer agree
that this document contains the entire understanding between the parties in connection with
the settlement of the disputed facts and the subject matter of the pending grievances and the
pending arbitration. The Association and the Employer agree that this is a full, complete,
and final settlement of all the disputed facts, claims and issues.
THE PARTIES confirm their agreement to the above terms and conditions through their
signatures below:
GRANT COUNTY
BOARD OF COUNTY COMMISSIONERS:
Tom Taylor, C ai
Date: 2� ('0 /1 el
GRANT COUNTY
SHE 'S OFF E:
Tom Jones, Sheriff
Date: oz- � l!) k
GRANT COUNTY
HUMAN RESOURCES:
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Kirk Eslinger, Director
Date: � !t-,� J I
`Ij
GRANT COUNTY
DEPUTY SHERIFFS ASSOCIATION:
Jason B resident
Date:
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