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HomeMy WebLinkAboutAgreements/Contracts - BOCCK2O-142 August 18, 2020 ARBITRATION SETTLEMENT AGREEMENT By and Between GRANT COUNTY, GRANT COUNTY DEVELOPMENT SERVICES, GRANT COUNTY PUBLIC EMPLOYEES ASSOCIATION — COURTHOUSE UNIT And JERRY BESSETT, EDWARD SPRINGEN, AND CRUE WOODARD THIS ARBITRATION SETTLEMENT AGREEMENT is entered into by and between Grant County and the Grant County Development Services (hereinafter collectively referred to as "Employer"), the Grant County Public Employees Association — Courthouse Unit (hereinafter referred to as the "Association") and the following members of the Courthouse bargaining unit at relevant times: Edward Springen, Crue Woodard, and Jerry Bessett (hereinafter referred to collectively as "Employees". THE PURPOSE OF THIS ARBITRATION SETTLEMENT AGREEMENT is to resolve all issues involving a pending Arbitration regarding Article XI, section 11.5 of the Collective Bargaining Agreement (hereinafter referred to as "CBA") between the parties. The Association filed a grievance on behalf of the Employees on July 17, 2019. The parties mutually agreed to an Arbitrator. The Arbitration was set for April 28 — 29, 2020 but has been continued. The parties and attorneys believe it would be in the best interests of all concerned to pursue a mutually acceptable settlement of all the issues and avoid considerable litigation expense to all parties. THE BASIS OF THE DISPUTE revolves around the issue of appropriate pay for the employees required to be on standby to be available to conduct a fire investigation after a fire has occurred if requested. For several years, the employees required to be on standby were classified as being "on-call". As a result of a mutually acceptable compromise settlement of this matter, the parties recognize the proper classification for their work was "standby". THIS GRIEVANCE involves three employees, which the parties have agreed as part of this settlement, are the only Association bargaining unit employees affected and to be addressed as a result of the compromise settlement. The parties, as part of this compromise settlement agree that these Employees, Edward Springen, Jerry Bessett and Crue Woodard, were required to be on standby for fire investigations. Springen and Bessett were required to be available on weekends while Woodard was required to be available on weekends and weeknights. THE CONSIDERATION FOR THIS ARBITRATION SETTLEMENT AGREEMENT (hereinafter referred to as "Agreement') is the mutual undertakings set forth herein. NOW, THEREFORE, the Employer, the Association and the Employees do hereby agree as follows: 1. Compromise Settlement Compensation. As part of this mutually acceptable compromise settlement, the Employer agrees to compensate, within thirty (30) days of Page 1 of 5 signature of this Agreement by the last signing party, each of the Employees in accordance with the provisions: Jerry Bessett: $29,000.00 less taxes and deductions. This amount is based upon a mutually agreed upon compromised number relating to standby duty for a mutually agreed upon period of time. Mr. Bessett differs from Mr. Springen and Mr. Woodard in that he is currently employed by Grant County. Edward Springen: $18,000.00 less taxes and deductions. This amount is based upon a mutually agreed upon compromised number relating to standby duty for a mutually agreed upon period of time. Crue Woodard: $65,000 less taxes and deductions. This amount is based upon a mutually agreed upon compromised number relating to standby duty for a mutually agreed upon period of time. It is important to note that Mr. Woodard's amount is significantly greater than Mr. Bessett and Mr. Springen because Mr. Woodard was on standby status more than two times the number of standby hours Mr. Bessett and Mr. Springen were on. These mutually agreed upon compromised amounts to be paid were in the interests of facilitating Employer and Association cooperative relations. 2. Compliance. Effective September 1, 2020, the Employer agrees to compensate employees assigned to standby status for the hours specifically assigned at the pay rate of one-half their regular hourly rate in accordance with Article XI, Section 11.5 of the CBA. 3. Bargaining Unit Employees. The Employer and Association have mutually agreed that Mr. Bessett, Mr. Springen and Mr. Woodard are the only Association bargaining unit employees eligible and to be addressed regarding the standby compensation dispute based on a compromise settlement about standby duty. The Association bargaining unit jobs involved with these 3 employees within the bargaining unit is Jerry Bessett, Building Safety Specialist 4, was Crue Woodard, Building Safety Specialist 1 and was Edward Springen, Building Safety Specialist 1. 4. No Pending Claims. The Employees represent that they have no pending claims, lawsuits or charges filed against the Employer with any courts and any governmental agencies. 5. Withdrawal and Dismissal with Prejudice. The Association hereby immediately withdraws and dismisses with prejudice the pending grievances submitted on behalf of the Employees and the pending Arbitration. 6. Non -Precedent. The Parties agree that the facts and issues are unique to this matter and therefore neither the Employer nor the Association shall use this settlement as a precedent in any other and future grievance disputes between the parties. However, if Page 2 of 5 there is a dispute about the terms of this Agreement then it is admissible in a proceeding under section 11 below. 7. Confidentiality Clause. Subject to the Public Records Act, Chapter 42.56 RCW, and to the Open Public Meetings Act, Ch. 42.30 RCW, the parties agree that they and their representatives will make a reasonable effort to keep this Agreement confidential. 8. Waiver and Mutual Release of All Claims. In consideration of the terms contained in this Agreement, and as a material inducement to the Employees, the Association and the Employer to enter into this Agreement, the Employer, the Association and the Employees hereby release one another from any and all past and present claims, if any, against one another related to their employment with the Employer. As referred herein, "past and present claims" means those claims arising on or before the date the "Acceptance of Agreement" is signed by the Employees. The Employer hereby waives and releases all its past and present claims, if any, against the Employees related to their employment with the Employer. The Employees hereby waive and release any and all their past and present claims, if any, against the Employer, Employer's elected officials, appointed officials, employees, attorneys and agents arising out of their employment with the Employer, including but not limited to release of any and all claims for any individual relief under State laws, Federal laws, any regulations pertaining to any of those laws and any other proceedings. The Employees hereby waive and release any and all their past and present claims, if any, against the Association, the Association's officials, attorneys and agents arising out of the Association's responsibilities to the Employees, including but not limited to release from any and all claims for any individual relief under State laws, Federal laws, any regulations pertaining to any of those laws and any other proceedings. 9. Release and Counsel. Employer, Association, and Employees have mutually agreed to settle all the pending issues rather than arbitrate them. Employees understand and acknowledge the significance and consequences of this Agreement and expressly confirm that it is to be given full force and effect according to each and all of its expressed terms and provisions. Employees acknowledge that they have been encouraged to consult an attorney of their choice regarding this Agreement. Knowing and understanding so, the undersigned accepts all the terms of this Agreement in full settlement of any and all issues. 10. Non -admission. This Agreement shall not be construed as an admission by the Employer of any liability to the Employees and Association, breach of any agreement between the Employer, the Employees and the Association, or any violation by the Employer of any Federal laws, State laws, any regulations pertaining to any of those laws and any other procedures. This Agreement shall not be construed as an admission by the Association of any liability to the Employer and Employees, breach of any agreement between the Association, Employer and the Employees, or any violation by the Association of any Federal laws, State laws, any regulations pertaining to any of those laws and any other procedures. Page 3 of 5 11. Breach and Enforcement. The Employees, 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 arbitration in accordance with the terms of the applicable CBA. Each party shall pay for their own attorney's fees, costs, etc. and share equally the Arbitrator's fees and costs. 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 or varied except in a writing signed by the Employees, the Association, and the Employer. 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. 13. Governing Law. Unless otherwise controlled by federal law, the interpretation and enforcement of this Agreement shall be governed by the laws of the State of Washington. 14. Reliance and Right to Consult with an Attorney. Employees and Association represent and acknowledge that in executing this Agreement, they do not rely and have not relied upon any representations or statements 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 Employees understand that they have the right to consult with an attorney. 15. Signature in Counterpart and Facsimile Procedures: This Agreement may be executed in counterpart, scanned and shall be binding upon the parties. Transmission of this Agreement and the signed signature pages 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. 16. Attorneys' Fees, Costs and Expenses. Each party shall be solely responsible for paying for their own attorney's fees, costs, witness fees, mileage and expenses. The Employer and Association shall share equally any Arbitration rescheduling and cancellation fees. 17. Effective Date. The effective date of this Agreement shall be the date on which the last signing party executes this Agreement. Page 4 of 5 ACCEPTAN=CE OF AGREEMENT EMPLOYER: /I_._ t, t, Date Date Richard Stevens. Member of the Board Date GRAINT COUNTY DEVELOPMENT SERVICES: No AvkhorA +,) / I )A - g! , Damien Hooper. Director Date ?'- ds -1 0 41e--.. aedke, Presi ent Qat EMPLOYEES: I have accepted and agree to the terms and conditions of this Agreement as of the date next to my signature. Edward Springen (Print Name) Crue Woodard (Print Name) _ Jerry Bessett (Print 1Vame,) Date Date Page 5 of ACCEPTANCE OF AGREEMENT EMPLOYER: BOARD OF GRANT COUNTY COMMISSIONERS: Cindy Carter, Chairperson of the Board Date Tom Taylor, Vice -Chairperson of the Board Date Richard Stevens, Member of the Board Date GRANT COUNTY DEVELOPMENT SERVICES: Damien Hooper, Director Date GRANT COUNTY PUBLIC EMPLOYEES ASSOCIATION: Karen Maedke, President Date EMPLOYEES: I have accepted and agree to the terms and conditions of this Agreement as of the date next to my signature. Edward Springen (Print Name) Crue Woodard (Print Name) 00, Jerry Bessett (Print Name) Date Date 8 V' le Date Page 5 of 5 ACCEPTANCE OF AGREEMENT EMPLOYER: BOARD OF GRANT COUNTY COMMISSIONERS: Cindy Carter, Chairperson of the Board Date Tom Taylor, Vice -Chairperson of the Board Date Richard Stevens, Member of the Board Date GRANT COUNTY DEVELOPMENT SERVICES: Damien Hooper, Director Date GRANT COUNTY PUBLIC EMPLOYEES ASSOCIATION: Karen Maedke, President Date EMPLOYEES: I have accepted and agree to the terms and conditions of this Agreement as of the date next to my signature. � d C 8-al-Aoao Edward SpringenIC —V Date (Print Name) Fd(j) cLCA C - L f% eY�_ff Crue Woodard (Print Name) Jerry Bessett (Print Name) Date Date Page 5 of 5 ACCEPTANCE OF AGREEMENT F,N41PLOY-FR. �.aRD OF (;RANT OtItTI' OMMISSIONER : Cindy Carter, Chairperson of the Board Date Tom Taylor, Vice -Chairperson of the Board Data Richard Stevens, Member of the Board Date GRANT COU\'TY' D 'VEL OPMENT SERVICES: Damien Hooper, Director Date GRANT COUNTY PUBLIC EMPLOYEES ASSOCIATION: Karen Maedke, President Date EMPLOYEES: I have accepted and agree to the terms and conditions of this Agreement as of the date next to my signature. Edward Springen Date (Print dame) rue Woodar Gate (Print Name) Page 5 of 6