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WORKING AGREEMENT
By and Between
GRANT COUNTY /DISTRICT COURT
And
GRANT COUNTY PUBLIC EMPLOYEES
ASSOCIATION
DISTRICT COURT UNIT
JANUARY 1, 2019
To
DECEMBER 31, 2020
TABLE OF CONTENTS
PRODUCTIVITY.....................................................................................................1
ARTICLE I - RECOGNITION...............................................................................1
ARTICLE II- UNION MEMBERSHIP DUES CHECKOFF
...............................1
ARTICLE III - DEFINITIONS................................................................................2
ARTICLE IV - EQUAL EMPLOYMENT OPPORTUNITY
...............................3
ARTICLE V - MANAGEMENT RIGHTS............................................................4
ARTICLE VI - STRIKES AND LOCKOUTS........................................................5
ARTICLE VII - JOB POSTING...............................................................................6
ARTICLE VIII - SENIORITY.................................................................................6
ARTICLEIX - DISCIPLINE...................................................................................8
ARTICLE X - GRIEVANCE PROCEDURE.......................................................15
ARTICLE XI — HOURS OF WORK.....................................................................18
ARTICLE XII - JOB CLASSIFICATIONS AND WAGES................................20
ARTICLE XIII - BULLETIN BOARD..................................................................22
ARTICLE XIV - UNION ACTIVITIES...............................................................22
ARTICLE XV - SICK LEAVE...............................................................................23
ARTICLE XVI - MILITARY LEAVE...................................................................25
ARTICLE XVII- CIVIL LEAVE / JURY LEAVE................................................25
ARTICLE XVIII - FAMILY & MEDICAL LEAVE............................................26
ARTICLE XIX - EDUCATION LEAVE..............................................................26
ARTICLE XX - ANNUAL LEAVE......................................................................26
ARTICLE XXI - HOLIDAYS................................................................................28
ARTICLE XXII - HEALTH AND WELFARE....................................................30
ARTICLE XXIII - DRUG TESTING POLICY....................................................32
ARTICLE XXIV - SAVINGS CLAUSE...............................................................32
ARTICLE XXV - ENTIRE AGREEMENT..........................................................32
ARTICLE XXVI - TERM OF AGREEMENT......................................................32
ADDENDUM A — Salary Administration Procedure ................................... A-1
ADDENDUM B — 2019 and 2020 Pay Plan ...................................................... B-1
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PREAMBLE
This Agreement entered into by and between Grant County District Court Employees'
Association, hereinafter referred to as the "Association' and the Board of
Commissioners and the District Court Judges and Court Administrator, of Grant
County, Washington, hereinafter referred to as the "Employer", has as its purpose the
establishment of an equitable and peaceful procedure for the resolution of differences,
and the establishment of rates of pay, hours of work, and other conditions of
employment. There may need to be further changes based on the court case currently
pending before the Supreme Court regarding GR 29.
PRODUCTIVITY
It is mutually agreed that the Employer and the Association shall work together
individually and collectively to meet the production requirements of the Grant County
District Court, to provide the public with efficient and courteous service, to encourage
good attendance of employees, and to promote a climate of labor relations that will aid
in achieving a high level of efficiency in District Court.
ARTICLE I - RECOGNITION
The Employer recognizes the Association as the exclusive bargaining agent for regular
full-time and regular part-time clerical employees of the Grant County District Court,
excluding supervisors, confidential employees, probation officers, lead clerks, Court
Administrator, Administrative Assistant; District Court Officer, elected officials and
appointed officials.
ARTICLE II- UNION MEMBERSHIP DUES CHECKOFF
2.1 The Employer agrees to deduct the Association membership initiation fees, and
once each month dues from the pay of those employees who individually request
in writing that such deductions be made. The dues shall be remitted to the
Association.
If the employee provides written notice to the Association and the Employer's
Human Resources Office, the dues shall cease to be deducted six (6) months after
notification.
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Human Resources will notify the Association President or Vice President of
scheduled new hires and new hires orientation if the employee would be covered
by an Association CBA. Human Resources will work with the Association to
provide the new hire a 30 -minute orientation during work hours with the
Association within the first 30 days of employment. The Association and the
Director of Human Resources will meet to attempt to resolve any issues related
to the application of this paragraph. If the Association and Director of Human
Resources are unable to resolve such issues, then the Association may have
recourse to the grievance procedure for purposes of enforcing the application of
this paragraph.
The Association shall indemnify and hold the Employer harmless from any and
all claims, demands, lawsuits, administrative proceedings, ULPs, and grievances
against the Employer arising out of the administration of the provisions of this
Article, including, but not limited to, the amounts of dues and fees deducted
from earnings as well as attorneys' fees, costs, expenses associated with any
claims, demands, lawsuits, administrative proceedings, ULPs, and grievances.
ARTICLE III - DEFINITIONS
The following definitions apply throughout the Contract unless the context clearly
indicates another meaning:
3.1 Regular Employee: An employee who has successfully completed a
probationary period of six (6) months of continuous employment with the
Employer within the same department and has had no breaks in service.
3.2 Probationary Employee/Probationary Period: A full-time employee who has less
than six (6) months of continuous service, or a part-time employee who has less
than one thousand (1,000) hours of continuous service, with the Employer. Said
employee is subject to discharge/termination without just cause and without
recourse.
3.3 Part-time Employee: A part-time employee is one who is employed in a
budgeted position and is regularly scheduled and works less than forty (40)
hours per week but more than twenty (20) hours per week. The Employer will
pay the premium for health insurance benefits for employee only. Employees
who wish to insure their dependents will pay the premiums for the dependent
insurance through payroll deduction. Employees must work a minimum of
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eighty (80) or more hours per month to maintain their eligibility for health
insurance benefits.
3.4 Temporary or Seasonal Employ: Any employee other than those defined in
Sections 3.1, 3.2, and 3.3. The purpose of such employees is to provide assistance
to complete seasonal temporary projects, assist in peak workloads and other
temporary/ seasonal work needs of the Employer. Temporary or seasonal
employees shall be paid on an hourly basis only and shall not receive any
benefits except as they may be applicable under Washington State Department of
Retirement Systems rules for retirement contributions.
3.5 Definitions:
a. "ANNIVERSARY DATE" means the original date of hire for regular full-
time employees as adjusted by leave without pay in excess of ninety (90)
days or a break in service. Anniversary date is also subject to compliance
with Sections 3.1 and 3.2 above.
b. "DISCHARGE" means the termination of employment.
C. "FULL-TIME EMPLOYMENT" means regularly scheduled employment
up to an average of forty (40) hours per week.
d. "HOLIDAYS" means paid non -work days for County employees as
specified in the Holiday Article.
e. "OVERTIME" means work previously authorized by the Court
Administrator and performed in excess of forty (40) hours in a work week.
f. "POSITION" is a description of duties and responsibilities assigned to an
employee. A position may be filled or vacant as determined by the Court
Administrator. Said position may be full-time, part-time or temporary.
ARTICLE IV - EQUAL EMPLOYMENT OPPORTUNITY
4.1 The Employer or the Association shall not discriminate against any individual
with respect to terms, conditions or privileges of employment because of race,
color, religion, national origin, age, sex, veteran status, mental, physical or
sensory handicap, except as allowed or provided by law.
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4.2 All references to employees in this Agreement designate both sexes, and
wherever the male gender is used, it shall be construed to include male and
female employees.
ARTICLE V - MANAGEMENT RIGHTS
The Association 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, by
state law, or court rule shall be administered for the duration of this Agreement by the
Employer as the Employer, from time to time may determine. Management's affairs
and prerogatives which the parties have agreed do not constitute negotiable matters
relating to wages, hours and working conditions are inclusive of, but are not limited to,
the following:
5.1 The right to establish and institute any and all work rules and procedures,
whether written or oral, upon reasonable notice to Bargaining Unit members.
The Employer has the right to develop and adopt as well as administer written or
oral personnel rules and policies which cover matters not specifically described
in this agreement. Further, the Employer has the right to make oral or written
changes and/or modifications to oral or written personnel rules and policies. An
employee shall abide by said changes. Personnel rules and policies which are
oral in nature will be based on past practices and oral communications between
the Employer and the employees. Written personnel rules and policies will be
posted and provided to affected employees.
5.2 The right to schedule any and all work and overtime work and any and all
methods and processes by which said work is to be performed in a manner most
advantageous to the Employer and consistent with the requirements of the
public interest.
5.3 The right to hire, transfer, layoff and promote employees as deemed necessary
by the Employer in accordance with the provisions of this Agreement.
5.4 The right to discipline for just cause any and all employees as provided in the
disciplinary Article of this Agreement.
5.5 The right to make any and all determinations as to the size and composition of
the work force.
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5.6 The parties understand and agree that incidental duties reasonably connected
with Bargaining Unit work not necessarily enumerated in job descriptions shall
nevertheless be performed by employees when requested to do so by the
Employer.
5.7 The Employer shall have the right to take whatever actions the Employer deems
necessary to carry out County services in an emergency. The Employer shall be
the sole determiner as to the existence of an emergency and any and all action
necessary to implement service during said emergency. An emergency shall be a
sudden or unexpected happening or situation that calls for -action without delay.
The Employer will take into consideration the safety of the employees.
5.8 The Court Administrator has the right to introduce any and all new, improved
and automatic methods or equipment to improve efficiency and to reduce costs.
5.9 The Court Administrator has the right to assign employees in accordance with
the provisions of this Agreement.
5.10 The right to close or liquidate an office, branch, operation or facility or
combination of facilities, or to relocate, reorganize or combine the work of
divisions, offices, branches, operations or facilities.
5.11 Past Practices: Past practices shall not be binding on the Employer; provided,
however, if the Employer chooses to change past practice, the Employer shall
provide thirty (30) calendar days notification, except in the event of an
emergency (in which case practical notice is advised), to the Association and
shall provide the Association with an opportunity to negotiate the Employer's
proposed change to past practice. The notification and opportunity to negotiate
shall not impede or affect the Employer's right to change past practice. The
notification to the Association will contain a proposed date for negotiation of the
change with the Association, as well as the anticipated date for implementation
of the Employer's change to past practice.
ARTICLE VI - STRIKES AND LOCKOUTS
6.1 Neither the Association nor its agents nor any employee(s) shall aid, cause,
condone, authorize or participate in any strike or work stoppage, slow down or
any other interference with the work and/or statutory functions and/or
obligations of the Employer.
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6.2 Employees who engage in any of the above -referenced activities shall not be
entitled to any pay or fringe benefits during the period he/she is engaged in such
activity. The Employer may discharge or discipline any employee who violates
this Article.
6.3 Nothing contained herein shall preclude the Employer or the Association from
obtaining judicial restraint and damages in the event of a violation of this
Agreement.
ARTICLE VII - TOB POSTING
7.1 If a position becomes available in the District Court, the Court Administrator
may post within the District Court and on the main bulletin board of the
Courthouse if the Court Administrator determines there are qualified and/or
suitable personnel within the Courthouse. If the Court Administrator
determines there are qualified and suitable personnel in the Courthouse then the
posting will be for a period of five (5) working days except if there is an
emergency. If there is an emergency, the Court Administrator may fill said
position without any posting. If the Court Administrator determines that there
are no qualified and/or suitable employees in the opinion of the Court
Administrator within the Courthouse then the Court Administrator will recruit
outside applications. If the Court Administrator determines that it is in the best
interests of the District Court to advertise and seek applicants from outside
current County employees, the Court Administrator has the right to advertise
and seek outside applications along with current County employee applications
without any obligation to provide preference and/or first consideration to
existing County employees within the department and/or outside the affected
department. The Court Administrator shall have the right to determine which
applicant is the best qualified for the position regardless of whether the applicant
is a current County employee or outside of current County employment.
7.2 The provisions of this Article do not apply to promotional positions such as
supervisory positions.
ARTICLE VIII - SENIORITY
8.1 Seniority shall mean an employee's continuous length of service from the most
recent date of hire. Seniority shall not apply until the employee has completed
the required probationary period. Upon satisfactory completion of this
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probationary period, the employee shall be credited from the most recent date of
hire.
8.2 A probationary period of six (6) months shall be required for all new full-time
employees. Part-time employees shall serve a probationary period of one
thousand (1,000) hours of continuous employment with the Employer. During
the probationary period, employees may be terminated/discharged without
cause and without notice at the discretion of the Court Administrator.
Employees who are promoted will serve a work performance probationary
period of up to three (3) months. If at the end of the work performance
probationary period the promoted employee either chooses to return to his/ her
former position or is informed by the Employer that he/she did not satisfactorily
complete his/her trial service period, he/she shall be returned to his/her former
position. If the return is based on the Employer's decision, it can be
implemented based on no cause and said employee shall have no recourse
whatsoever.
8.3 Seniority shall terminate if an employee is discharged/terminated, resigns,
retires, is laid off for a period greater than six (6) consecutive months and/or is on
an unexcused absence of three (3) or more days in duration.
8.4 Subject to the provisions of Article VII, seniority shall be considered along with
the Court Administrator's determination of suitability and qualifications when
positions are vacated and if the Court Administrator determines that a vacancy
should be filled or when the Court Administrator determines that new positions
should be created.
8.5 Employees shall have been employed for a continuous period of six (6) months
as a probationary employee before they become regular employees. Further, the
Court Administrator may by mutual written agreement extend the probationary
period for up to an additional three (3) months. Regular part-time employees
must serve the full-time employee probationary time frame equivalency before
seniority rights are applicable.
8.6 The Court Administrator determines when it is necessary to lay off an employee
or employees within the District Court. The last employee hired within the
specific job classification within the department as determined by the Court
Administrator will be the first laid off if the Judges determine that the remaining
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employees are suitable and have the necessary qualifications to carry out the
work load required by the Court Administrator. A person laid off will be placed
on a recall list and may be eligible to be rehired for a period of six (6) months
from the date of the layoff if the particular job classification previously vacated
has been determined by the Court Administrator to be refilled. The requirement
of rehiring within the six (6) month time frame is subject to the Court
Administrator's determination of suitability and qualification of the employee
eligible for recall.
8.7 Seniority will be maintained during leaves of absence provided the leave does
not exceed ninety (90) days. Thereafter, seniority will be adjusted day for day.
8.8 A seniority list will be posted and a copy provided to the Association once per
year only if requested and only if new employees are added.
8.9 The Employer reserves the right to implement up to ten (10) furlough days per
year. Furlough days are days off without pay with the commensurate revised
compensation in any month when a furlough day is administered. If the
Employer determines to implement furlough days, the Employer will provide
the Union thirty (30) calendar days' written notification. The written notification
will advise the Union that if they wish, they can bargain about the effects of the
decision to implement furlough days. The window for negotiations about the
effects of the furlough will be no more than sixty (60) calendar days from the
date of the Employer's written notification to the Union. If the parties have not
reached agreement regarding the effects during the sixty (60) calendar day
window then the Employer has the right to implement the furlough days. If the
parties reach agreement within the sixty (60) calendar day window then the
furlough will be implemented according to the agreement between the parties.
ARTICLE IX - DISCIPLINE
9.1 The Court Administrator or Administrative Assistant may discipline an
employee for just cause, inclusive of but not limited to the following:
a. Neglect of duty;
b. Inefficiency;
C. Insubordination;
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d. Incompetence;
e. Disrespectful or impolite references, comments, or declarations about or to
fellow employees, the Judges, the Court Commissioner, or the Court
Administrator, Administrative Assistant;
f. Conviction, plea bargaining, deferred prosecution, or any other alternative
disposition of a criminal charge of any crime which the Court
Administrator believes would have an adverse effect regarding an
employee's work, relationships with current employees/Employer, or
brings into question continued suitability in the department;
g. Inappropriate/improper use of public office/authority or
misrepresentation of official authority or omission of responsibilities
based on official authority and responsibilities;
h. Misconduct and/or negligent performance of duties;
Violation of written or verbal County or Department directives, work
rules, regulations, policies, and procedures;
j. Conflict of interest between off-duty activities and official duties;
k. Tardiness and/or absenteeism;
1. Harassment of any kind (actions that create an intimidating, abusive
and/or hostile work environment);
M. Reporting to work with the presence of alcohol and/or illegal/controlled
substances in the employee's blood, breath and/or urine, consuming
alcohol and/or illegal/controlled substances at work, selling and/or
distributing alcohol and/or illegal/controlled substances at work in
accordance with the Drug and Alcohol Policy;
n. Violation of the Drug and Alcohol Policy;
o. Any breach of confidentiality requirements, whether written or verbal,
regarding confidential matters as determined by the Court Administrator;
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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
Court Administrator;
q. Failure to timely complete tasks as assigned by the Court Administrator;
r. Dishonesty;
S. Any other just causes as determined, from time to time, by the Court
Administrator based on office procedure changes determined by the
Court Administrator;
t. Any other just causes supported and consistent with case law and/or
arbitration cases.
9.2 The Court Administrator or Administrative Assistant may discipline any
employee for just cause. If the County has a reason to discipline an employee, it
shall take reasonable measures to carry out the discipline in a manner which will
least embarrass the employee, if possible. The Court Administrator shall have
the right to implement the following forms of discipline:
a. Verbal reprimand;
b. Written reprimand;
C. Suspension without pay;
d. Termination.
The discipline imposed shall be in relationship to the seriousness of the offense
as determined by the Court Administrator. The Court Administrator may
impose progressive discipline in order of increasing severity from verbal
reprimand to discharge but shall not be required to follow progressive discipline
where the Court Administrator makes a determination that the circumstances
warrant imposition of a more severe form of discipline up to and including
termination, even though an employee may not have any other disciplinary
actions of record in the employee's personnel file. Demotion may be used as an
alternative where appropriate.
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Another form of corrective communication which is not part of the formal
discipline process, except as described below and in Section 9.8, is a coaching,
counseling, and/or performance improvement plan (PIP). Such corrective
communication, whether verbal and/or written, is not discipline. A Performance
Improvement Plan (PIP) is considered coaching and counseling. A Performance
Correction Plan (PCP) is part of the formal discipline process coordinated with
one of the disciplinary actions above.
9.3 Investigation process: If the Court Administrator is informed of potential
misconduct(s) and/or violation(s), the Court Administrator, with the Human
Resources Department, will proceed with the investigatory process which will
include the following steps except if 9.3.7 is applicable:
9.3.1 Upon the Court Administrator being notified of a potential violation
and/or misconduct, the Court Administrator has the right to conduct an
investigation to ascertain facts. The Court Administrator has the right to
decide not to conduct a formal investigation if the likelihood of
disciplinary action would result in a verbal or written reprimand for a
minor violation.
9.3.2 The Court Administrator will immediately notify the Human Resources
Director of the existence of a potential violation and/or misconduct.
9.3.3 The Human Resources Director may conduct the investigation or may
designate other person(s) to conduct the investigation. Other person(s)
would include, but not be limited to, another management person, a
consultant, a member of law enforcement, an attorney, or other
individuals.
9.3.4 The investigator will interview witnesses, research written information
and compile the facts about the alleged violation and/or misconduct.
The interviews may be recorded, video recorded or the information
obtained may be in the form of written statements as well as report(s).
9.3.5 After interviewing witnesses other than the subject employee, the
subject employee will be interviewed. The employee will be provided a
written summary of the information derived from the interviews with
other witnesses prior to or at the employee's interview. The investigator
will instruct the employee to fully cooperate and answer all questions
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truthfully. The employee will be entitled to have an Association
representative present during the interview. The Association
representative shall not answer questions for the employee but may seek
clarification of questions during the interview process. The Association
representative has the right to meet alone with the employee during the
interview process.
9.3.6 Upon conclusion of the interviews and review of the facts, the Court
Administrator and Human Resources Director may proceed with
discipline if this would involve a verbal or written reprimand. If the
discipline could result in a suspension without pay or termination then
the provisions of section 9.4 will be followed pertaining to a pre-
determination (Loudermill) meeting.
9.3.7 If the Court Administrator determines early in the investigatory process
that there is no merit to continuing, the Court Administrator can cease
the investigation and so inform the employee and Association.
9.4 The Court Administrator may reprimand, suspend without pay, or terminate an
employee only for just cause. In the event the Court Administrator determines
that an employee may be suspended without pay or terminated for alleged
violations and/or alleged misconduct(s), then the Court Administrator will issue
a letter/notice of pre -determination (Loudermill) meeting to the employee and
Association representative setting forth the alleged violations and/or
misconduct(s) with information obtained during the investigation. Prior to
reaching a decision to suspend without pay or terminate an employee, the Court
Administrator will conduct a pre -determination (Loudermill) meeting to provide
the employee and/or Association representative an opportunity to respond to the
alleged violations and/or alleged misconduct(s) within a reasonable period of
time from the completion of the investigation. The employee's attendance at the
pre -determination meeting (Loudermill) is voluntary. The employee's choice
whether to attend or not attend the pre -determination meeting shall not be held
against the Court Administrator in the event of a grievance and/or arbitration.
Thereafter, the Court Administrator shall make a determination as to whether to
proceed with suspension without pay or termination. The Court Administrator's
decision will be in writing with an explanation of the basis for the disciplinary
action.
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9.5 When the Court Administrator determines that circumstances are such that
retention of the employee will likely result in disruption of operations, damage
to or loss of County property, damage or loss to the public, or be injurious to
fellow employees and/or the public, then the Court Administrator may
immediately suspend with pay the employee pending the outcome of an
investigation.
9.6 If the Court Administrator decides to issue a verbal reprimand and/or written
reprimand to an employee, then said reprimand shall be in written form and
forwarded to the employee and to the Association representative. No pre-
determination (Loudermill) meeting (see Section 9.4) with the Association and/or
employee is necessary for issuance of these types of discipline.
9.7 Employees shall sign written reprimands as evidence only of having seen the
written reprimand when employees are shown those reprimands which are to be
placed in the employee's personnel file. A copy of the written reprimand shall
be provided to the employee at the time the employee signs it. Copies of written
reprimands and more severe discipline will be mailed to the Association except if
the employee objects to the Court Administrator sending out discipline
information.
9.8 Coaching and counseling communications and performance improvement plans
(PIPs) will not be placed in the employee's personnel file. Evidence of verbal
reprimands shall remain in the employee's personnel file for a period of no more
than 12 months from the date of the discipline except if similar discipline has
been issued within the 12 -month period in which case this discipline shall remain
in the personnel file for another 12 months. If the coaching or counseling or PIP
relates to any type of harassment, safety issues, or potential liability to the Court
Administrator, then the Court Administrator has the right to keep them for
liability defense purposes permanently but not for disciplinary purposes.
Suspensions without pay or terminations as part of progressive discipline shall
remain permanently in the employee's personnel file. A written reprimand
and/or Performance Correction Plan (PCP) shall remain in the employee's
personnel file for a period of no more than twenty-four (24) months from the
date of the discipline and/or PCP. If an employee does not have any other
written reprimands and higher and/or PCP within the twenty-four (24) month
period, then the written reprimand and/or PCP will be removed from the
employees personnel file. However, if the written reprimand and/or PCP relates
to misconduct or violation(s) relating to any type of harassment, safety issues or
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other potential liability to the Court Administrator, then the Court Administrator
has the right to keep them for liability defense purposes permanently but not for
disciplinary purposes.
After removal from the personnel file, the evidence shall not be used as a basis
for progressive discipline and shall not be introduced or otherwise used as
evidence by the Court Administrator in a grievance arbitration hearing. The
Court Administrator has the right to maintain references, written facts and
evidence pertaining to verbal and written reprimands involving harassment,
safety issues and potential liability to the Court Administrator in a separate file
and may be used by the Court Administrator for the purposes of defending
and/or litigating civil and/or criminal proceedings.
It shall be the responsibility of the employee to request removal of verbal
reprimand, written reprimand and/or PCP from their personnel file based on the
timelines above. If the employee does not make such a request and if the verbal
reprimand, written reprimand and/or PCP remain in the personnel file, this shall
not be held against the Court Administrator in any grievance and/or arbitration
9.9 References, written facts, and all documentation involving suspensions without
pay and/or terminations shall remain permanently in an employee's personnel
file.
9.10 If any County employee is serving a disciplinary suspension without pay, said
person shall not be employable with any other County Department or County
funded organization.
9.11 Time lines may be extended by mutual written agreement.
9.12 For those employees who must drive vehicles to carry out their job as
determined by the Court Administrator, if any employee has his/her driver's
license suspended or his/her CDL suspended for less than thirty (30) days, then
the employee shall be suspended without pay for that period of time. If the
employee has his/her driver's license or CDL suspended for thirty (30) days or
more, then said employee shall be terminated. If an employee's driver's license
or CDL is revoked, then the employee shall be immediately terminated.
9.13 In accordance with provision 9.1 above, dishonesty in any form may be
considered serious misconduct and any employee proven to have been dishonest
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may be disciplined at suspension without pay up to and including termination of
employment. Due to the seriousness of dishonesty, a first offence of dishonest
may result in termination.
ARTICLE X - GRIEVANCE PROCEDURE
10.1 A grievance is defined as a question involving the interpretation, application or
alleged violation of a specific provision of this Agreement.
10.2 The parties agree that the time limitations provided are essential to the prompt
and orderly resolution of any grievance, and that each will abide by the time
limitations, unless waived or extended by mutual agreement of the parties to the
grievance.
10.3 Filing of Grievance: If the Association and/or employee believes there may be a
grievance regarding specific provisions of this Agreement, then the Association
must file said grievance within thirty (30) calendar days of its occurrence.
Failure to file the grievance within thirty (30) calendar days of its occurrence
results in said grievance being forever waived and lost and no longer grievable
at any time. Failure to pursue a grievance to the next step of the grievance
procedure results in the last response being the final and binding conclusion of
the grievance. To be a valid grievance, the grievance must set forth the facts, the
specific section(s) of the contract which were allegedly violated and the specific
remedy requested.
10.4 Employer Grievance: The Employer may initiate a grievance at Step 2 of the
grievance procedure within thirty (30) calendar days from the date of the
occurrence giving rise to the grievance. If the Employer files a grievance in
accordance with this section, the Employer will present, either by mail or in
person, in writing, the basis of the grievance against the Association to the
Association President within thirty (30) calendar days of the occurrence.
Thereafter, the Association President shall respond in writing to the Employer
within thirty (30) calendar days from the receipt of the grievance. If the
Employer is not satisfied with the response of the Association President, the
matter will be elevated to arbitration in accordance with the procedure contained
in this article.
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Working Agreement 2019 — 2020
10.5 The formal grievance procedure shall be as follows:
Step 1:
The grievance shall be presented in written form to the Court Administrator
within thirty (30) calendar days from its occurrence. The Court Administrator
shall respond in writing within thirty (30) calendar days after receiving said
grievance.
Step 2:
If the grievance is not resolved to the satisfaction of the concerned parties at Step
1, then within thirty (30) calendar days of the response in Step 1, the grievance in
written form, shall be referred to the Board of County Commissioners if the
matter is a direct or indirect economic impact. If the matter pertains to working
conditions with non -direct or indirect economic impacts, then the matter may be
referred directly to arbitration. Any of the parties may refer the matter directly
to arbitration.
Step 3:
a. Final and Binding Arbitration: If the grievance has not been resolved at
Step 2 above, either the Association, the Court or the Employer may refer
the unsettled grievance to final and binding arbitration.
b. Notice - Time Limitation: The referring party shall notify the other party
in writing of submission to arbitration within thirty (30) calendar days
after receipt of the Step 1 response. If there is no response, the Association
may advance the grievance at any time. Failure to notify the other party
in writing will result in the grievance being forever waived and null and
void.
C. Arbitrator - Selection: After timely notice, the parties shall select an
impartial arbitrator within thirty (30) calendar days, if possible, after the
request is made to arbitrate. If the parties cannot mutually agree on an
impartial arbitrator who is able and willing to serve on a timely basis,
either party may demand a list of seven (7) qualified persons who are
willing to abide by time limitations. A list of impartial arbitrators may be
furnished by the American Arbitration Association (AAA) or the Federal
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Working Agreement 2019 — 2020
Mediation and Conciliation Service (FMCS) or the Public Employment
Relations Commission (PERC). The party demanding a paid arbitrator
shall have the right to determine the organization from which the list of
seven (7) names is to be derived. The parties shall flip a coin to determine
who will strike the first name, following which each will alternately strike
one of the names submitted until only one (1) name remains. This person
will serve as the sole arbitrator subject to the following provisions.
d. Decision - Time Limit: The Arbitrator will conduct the arbitration
hearing. The arbitrator shall issue a final decision within thirty (30)
calendar days from the date of the hearing or receipt of the parties' briefs,
if applicable.
e. Limitations - Scope - Power of Arbitrator:
(i) The arbitrator shall not have the authority to add to, subtract from,
alter, change or modify the provisions of this Agreement, state law,
or court rule.
(ii) The arbitrator shall have the power to interpret and apply the terms
of the Agreement and/or determine whether there has been a
violation of the terms of the Agreement, state law, or court rule.
(iii) The arbitrator shall consider and decide only the question or issue
raised in the initial written grievance. In conducting arbitration,
the arbitrator shall maintain a verbatim record of the testimony
either by tape recording or court reporter. If a party requests a
court reporter and/or transcription of the official record said
requesting party shall be responsible for paying for the cost of the
transcription; provided, however, if the other party is going to rely
on the record and/or transcription, then said party shall be
responsible for one-half (1/2) the transcription cost and their own
copying cost. The arbitrator shall also have the authority to receive
evidence and question witnesses.
f. Arbitration Award - Damages - Expenses:
(i) The arbitrator shall not have the authority to award punitive
damages.
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(ii) Each party hereto shall bear equally the expenses of the arbitrator.
Each party shall pay the fees and expenses of their own attorneys,
representatives, witnesses and other costs associated with the
presentation of their case.
ARTICLE XI - HOURS OF WORK
11.1 Regular Work Hours: The Employer will determine, from time to time, regular
hours of work each day which shall be consecutive, with the exception of
interruptions for lunch periods.
11.2 Regular Work Week: The Employer will determine, from time to time, the work
week which shall normally consist of five (5) consecutive eight (8) hour days or
four (4) consecutive ten (10) hour days, Monday through Saturday, inclusive.
Any previously authorized time worked in excess of the scheduled work day (up
to ten (10) hours per day) or in excess of forty (40) hours in a work week will be
considered overtime and will be compensated at the time and one-half (11/2) rate,
except as provided for in Section 11.11 below. Time worked for overtime
threshold purposes shall not include sick leave, annual leave or any other
Employer time when the employee is not actually working. If the Court
Administrator determines that the regular work shift and/or work week needs to
be changed, then the Employer will provide two (2) work weeks of notice prior
to the change being effective, except in the event of an emergency, in which case
no notice is required, and except as provided for in Section 11.11 below. The
Court Administrator agrees to discuss the proposed change in regular work shift
with the Association prior to implementation, but this discussion shall not
constitute an obligation to bargain about the changes or their effects.
11.3 Regular Work Day: Eight (8) consecutive hours of work or ten (10) consecutive
hours of work with the exception of interruptions for lunch periods within the
twenty-four (24) hour period, as determined by the Court Administrator will
constitute the normal regular work day. The Employer/department head will
determine, from time to time, the starting and quitting times. Normally, the
Employer will provide a half (1/2) hour lunch period from 12:00 p.m. to 12:30
p.m. The Court Administrator has the right to alter the starting and quitting
times of work days provided a minimum of two (2) work days' notice is
provided to the affected employees regarding the changes except in the event of
an emergency, and except as provided for in Section 11.11 below. In the event of
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Working Agreement 2019 - 2020
an emergency the Court Administrator may immediately alter starting and
quitting times without any notice. Hours of work will be from 8:00 a.m. to 12:00
noon and 12:30 p.m. to 4:30 p.m. Monday through Friday. The office will be
closed for only thirty (30) minutes from 12:00 noon to 12:30 p.m. The In -Court
Clerks' schedule will flex depending upon the needs of the Court and due to
budget constraints this flex will be carried out without creating any overtime; all
flex time is subject to prior approval of the Court Administrator.
11.4 Cross -Training: The Court Administrator has the right to assign Employees to
work the various different desks on a rotational basis so that Employees are
cross -trained to be able to handle the responsibilities of all desks in the District
Court, provided the Court Administrator will make each assignment last for a
minimum of six (6) months. During the minimum six (6) month assignment, the
Employer may temporarily move an individual to a different desk if the
coverage is needed due to a temporary need such as sick leave, flex time, etc.
11.5 Call -Back: Employees called back to work after they have left the work premises
will receive a minimum of two (2) hours pay at the time and one-half (11/2) rate;
provided, however, only time actually worked shall count towards the overtime
threshold.
11.6 The Employer has the right to change work schedules at any time provided at
least two (2) work weeks' notice is given to affected employees except in the
event of an emergency and/or except as provided in Section 11.11 of this Article.
In the case of an emergency, the Employer has the right to change work
schedules immediately without notice. The Employer agrees to discuss the
proposed change in regular work schedules with the Association prior to
implementation but this discussion shall not constitute an obligation to bargain
about the changes or their effects.
11.7 Rest Periods: All employees work schedules shall provide for a fifteen (15)
minute rest period during each one-half (1/2) shift whenever this is feasible.
Employees who for any reason work beyond their regular quitting time into the
next shift shall receive a fifteen (15) minute rest period before they start to work
on such next shift. In addition, they shall be granted the regular rest periods that
occur during the shift.
11.8 The Employer may implement a work week consisting of four (4) ten (10) hour
days inclusive of the period of Monday through Saturday provided at least two
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(2) work weeks' notice is provided to affected employees except in the event of
an emergency and/or except as provided in Section 11.11 of this Article. No
notice is required in the case of an emergency. The Employer agrees to discuss
the proposed change in regular work week with the Association prior to
implementation but this discussion shall not constitute an obligation to bargain
about the changes or their effects.
11.9 Compensatory Time: An employee may, at the employee's election, elect to
receive compensatory time off in lieu of overtime subject to prior approval by the
Court Administrator. Compensatory time off will be in lieu of overtime pay at
the rate of one and one-half (11/2) times. Employees will be required to request the
use of compensatory time in accordance with the procedure for
requesting/scheduling annual leave. Employees shall have up to ninety (90) days
from the date of accrual to use up the compensatory time. In no event will an
employee's compensatory time accumulation exceed forty (40) hours.
11.10 District Court Work Hour Provisions: The Court Administrator has the right to
assign employees to work up to ten (10) hours per day with the daily overtime
threshold being ten (10) hours. The Court Administrator has the right to adjust
the work hours at the end of the week to provide for a maximum of forty (40)
hours worked if forty (40) hours is all the Court Administrator determines is
necessary to provide services with respect to a particular employee or group of
employees in the Court. Adjustment of the work hours to ten (10) hours in a
work day is not subject to the change of work schedules notification criteria set
forth in Sections 11.2, 11.3, 11.7, 11.9 and any other notice provisions which
would impede the Court's ability to have an employee work ten (10) hours in a
work day instead of eight (8) hours. These same notice requirements do not
apply to the Court Administrator's right to change the work hours at the end of
the week to provide for a maximum of forty (40) hours worked in a work week.
ARTICLE XII - TOB CLASSIFICATIONS AND WAGES
12.1 The classifications, band/range, steps and rates of pay shall be as provided in the
addenda of this agreement. Addendum A is a description of the salary and Pay
Plan administration process. Addendum B reflects the 2019 and 2020 salary
schedule as calculated and administered by the Director of Human Resources.
This Article, Addendum A, and Addendum B are not subject to the grievance
procedure.
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12.2 Effective January 1, 2019, employees who have not left employment during 2019
will receive a two point eight percent (2.8%) across-the-board increase to the 2018
Pay Plan. Only employees employed on the date of signature by the last signing
party to this Agreement will be eligible for any increases. All calculations of
these increases will be determined by the Director of Human Resources. Any
employee who has left employment for whatever reason shall not be eligible for
any pay increases.
Effective January 1, 2020, a two point three percent (2.3%) across-the-board
increase will be applied to the January 1, 2019, Pay Plan. Only employees
employed on the date of signature by the last signing party to this Agreement
will be eligible for any increases. All calculations of these increases will be
reflected in an updated and attached Addendum B - Pay Plan as determined by
the Director of Human Resources. Any employee who has left employment for
whatever reason shall not be eligible for any pay increases.
12.3 In the event a new position is created, the Employer has the right to develop and
establish the new classification/position. The wage rate will initially be
established by the Employer through the salary evaluation process, and the
Association will be notified of this wage rate. If the Association disagrees with
the wage rate, then the parties agree to meet and negotiate only with respect to
the wage rate. This section is not subject to the grievance procedure.
12.4 Employees become eligible for longevity pay after serving for a continuous year.
After serving the continuous year, each employee will be eligible to receive
longevity compensation at the rate of eleven dollars and seventy-two cents
($11.72) per month per year of service. The maximum any employee is eligible
for is twenty (20) years of continuous service. At twenty (20) years, the
maximum monthly longevity pay an employee would be eligible for is two
hundred thirty-four dollars and forty cents ($234.40). As an example, if an
employee were continuously employed for ten (10) years by Grant County, the
employee would be eligible for one hundred seventeen dollars and twenty cents
($117.20) per month longevity pay.
12.5 Bi -Lingual Premium Pay: Employees who are appointed to serve in bi-lingual
interpreter status by the department head/elected official will receive seventy-
five dollars ($75.00) per month. The pay will be given to qualified employees
who are appointed to serve in a bi-lingual interpreter status by the Elected
Official/Department Head in response to the need of the workplace. The Elected
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Working Agreement 2019 - 2020
Official/Department Head alone will determine the need for interpretation
services and the number of staff required. Bi -lingual employees not appointed to
serve in a bi-lingual interpreter status will not be required to use a foreign
language as a condition of employment. Employees hired into an identified
interpreter position will not be eligible for the pay. Current interpreter staff will
be used to determine if employees seeking bi-lingual pay are adequately
proficient to communicate with citizens in Spanish. The interpreter will be asked
to sign a written statement attesting to his/her opinion that the employee has
demonstrated adequate skills. If the current interpreter staff is not available, the
parties may agree to an alternative interpreter.
If the criteria and standards need to be improved or adjusted, the parties will
meet in a labor-management committee of two (2) management (Human
Resources Director and one other) and two (2) Association representatives for
recommendatory purposes only subject to review by each party's labor attorney.
Eligibility for bi-lingual pay will only commence in the payroll period following
final acceptance by both parties of the criteria and standards. The assignment of
duties will be verbal and/or written direction from management. It is the intent
of the parties that Spanish language fluency alone will not determine who is
appointed under this section. The intent is that employees who are regularly
required to speak Spanish will be considered for appointment to receive the
premium.
ARTICLE XIII - BULLETIN BOARD
The Employer agrees to furnish and maintain a suitable bulletin board in a convenient
place in each -work area to be used by the Association.
ARTICLE XIV - UNION ACTIVITIES
14.1 The Court Administrator may permit Association representatives to carry out
limited functions subject to prior approval by the Court Administrator. A
request for such time must be submitted prior to the anticipated function and is
subject to the determination of the Court Administrator.
14.2 The Court Administrator may permit an accredited representative of the
Association to have access to Employer premises during working hours for
Association business subject to the determination of the Court Administrator
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Working Agreement 2019 - 2020
with respect to whether such access would in any way interfere and/or hamper
work, services, efficiency and/or productivity.
14.3 Member Representatives: The Union will provide the Employer with the names
and contact information of member representatives with authority to act on
behalf of the Union by investigating issues, providing guidance for members,
and participating in representational activities. Updates will be provided to the
Employer as they occur.
ARTICLE XV - SICK LEAVE
15.1 Leave with pay allowed employees working on a regular monthly basis who are
absent from work for any of the following reasons:
a. Because of and during illness or injury incapacitating the employee to
perform his/her duties.
b. By reason of exposure to contagious disease during such period as his/her
attendance on duty would jeopardize the health of fellow workers or the
public.
C. Because of illness, or death in the immediate family requiring the
attendance of the employee (family includes only the following persons
related by blood, marriage or legal adoption in the degree of
grandparents, parents, wife, husband, brother, sister, child or grandchild,
or any relative living in the employee's household).
d. Bereavement Leave: In case of death in the immediate family, up to
twenty four (24) hours with pay will be granted. Additional days may be
granted for travel at the employee's request. Additional days granted will
be deducted from earned sick leave days.
e. An employee may use the employee's accrued sick leave to care for a child
of the employee under the age of eighteen (18) with a health condition that
requires treatment or supervision.
f. In accordance with Washington State statute (RCW chapter 49.12 and
WAC chapter 296-130), employees shall be allowed to use available sick
leave or other paid time off, including vacation time, to care for a sick
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child or other family members (spouse, parent, parent -in-law, or
grandparent).
g. Doctor appointments.
15.2 Any sickness shall be reported to the Court Administrator at the beginning of the
illness and prior to the beginning of the work day. Upon returning to work an
employee shall submit a request for sick leave and may be asked to briefly
explain in this request the basis for the request. The Court Administrator may
require a medical certificate and/or a doctor's verification of illness for any sick
leave absence; provided, however, the Court Administrator may choose to
administer this requirement of a certificate and/or verification on the basis of a
three (3) calendar day instance of sick leave absence where the Administrator
believes the basis of the request is reasonably supported in the return to work
request for sick leave.
15.3 Sick leave is accrued at the rate of eight (8) hours for each completed month of
service and is accumulated up to a total of nine hundred sixty (960) hours, after
which time it lapses month by month. Sick leave accruals are calculated on the
151h of each month, and employees must be in pay status fifteen (15) or more
calendar days of the month in order to be eligible to accrue sick leave.
An employee accrues eight (8) hours during the initial month of employment if
the employee is placed on the payroll on or before the fifteenth (151h) of the
month and actually works continuously through the end of the month. An
employee terminating the employment relationship with Grant County accrues
no sick leave time during the month of termination unless the individual is in
pay status through the fifteenth (151h) of the month of termination.
15.4 All accumulated sick leave is canceled automatically when an employee is
separated from service but is restored when an employee is re -appointed to the
same department or is employed by another department within twelve (12)
months from the date of separation from service.
15.5 Fifty percent (50%) of the accumulated sick leave may be paid as severance pay
where severance is made as a result of retirement under Social Security; twenty-
five percent (25%) payment of accumulated sick leave in event of termination by
the employee in good standing after ten (10) years of continuous service; one
hundred percent (100%) payment of accumulated sick leave up to nine hundred
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Working Agreement 2019 - 2020
and sixty (960) hours in the event of the employee's death. All of these
provisions are subject to the application of Section 15.6 below.
15.6 For employees under the PERS I retirement system the following provisions shall
be applicable instead of the provisions contained in Section 15.5. This provision
was effective as of January 1, 1985.
Under the terms of SHB -843 the following shall prevail: In the event of
separation due to retirement, an employee will forfeit all sick leave accumulated
during the highest consecutive twenty-four (24) months of compensation
preceding such separation. An employee will be paid for accumulated sick leave
as outlined above, less that accumulated during the highest consecutive twenty-
four (24) months of compensation.
That sick leave accumulated during the twenty-four (24) months will be a
separate bank and the employee may utilize that bank of hours for sick leave
only and will not receive any compensation of unused hours at date of
termination of employment.
ARTICLE XVI - MILITARY LEAVE
The Military Leave Policy and Procedures will be set forth in the "Grant County Policy
& Procedure Manual" Policy.
ARTICLE XVII- CIVIL LEAVE / JURY LEAVE
17.1 The Court Administrator shall allow any necessary leave to permit an employee
to serve on a jury. If an employee is subpoenaed to appear in a case, civil leave
will be provided. When such leave is granted, compensation is paid by the
department for the time absent only in the amount which exceeds the
compensation received for the approved jury leave not to exceed a normal day's
pay. When an employee is released from jury duty, said employee shall
immediately report to work.
17.2 The Court Administrator may allow employees to attend meetings (other than
official departmental meetings) which are of direct concern to the department.
Attendance is subject to prior approval by the Court Administrator based on the
Court Administrator's analysis and determination of staffing requirements.
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Time allowed for such leave and provision for expenses are at the discretion of
the Court Administrator.
ARTICLE XVIII - FAMILY & MEDICAL LEAVE
The Family and Medical Leave Policy and Procedures will be set forth in the "Grant
County Policy & Procedure Manual" Policy.
ARTICLE XIX - EDUCATION LEAVE
At the discretion of the Court Administrator, employees may be granted leave of
absence for educational purposes to attend conferences, seminars, briefing sessions, or
other functions of a similar nature that are intended to improve or upgrade the
individual's skill or professional ability. The total cost including books, tuition,
transportation, and other authorized expenses shall be provided by the Employer.
ARTICLE XX - ANNUAL LEAVE
20.1 Annual leave with full pay is allowed to an employee working on a regular full-
time or part-time monthly basis who has been in the continuous employment of
the County six (6) months. Such leave is in addition to holidays.
20.2 Effective January 1, 2019, annual leave may be accumulated to a total of two
hundred forty (240) hours above the current year's accrual; provided, however,
all unused annual leave in excess of two hundred forty (240) hours as of
December 31 of any year shall lapse. Annual leave accruals are calculated on the
151h of each month and employees must be in pay status fifteen (15) or more
calendar days of the month in order to be eligible to accrue annual leave.
20.3 Annual leave accumulated at the end of six (6) months of service in a department
by full-time employees may be taken in the following month or subsequent
month upon the mutual agreement of the employee and the department, taking
into consideration the seniority of service of the employee. Prorated annual
leave accumulated at the end of the full-time equivalency of six (6) months of
probationary service by regular part-time employees may be taken subject to the
Court Administrator's approval.
Upon completion of the probationary period, an employee's leave record will be
credited with the appropriate annual leave. If the employee does not
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Working Agreement 2019 - 2020
successfully complete the probationary period, annual leave is not earned and
not payable.
20.4 Annual leave to be taken when it will least interfere with the work of the
department as determined by the Court Administrator. Annual leave may be
used for sick leave at the employee's discretion.
20.5 Annual leave days are earned by employees whose employment is continuous
and satisfactory. These days comprised of eight (8) hours for each are credited to
the employee as follows:
Accrual Rate: (12 month period on Anniversary date)
1st year
2nd year
3rd year
4th year
5th year
6th year
7th year
8th year
9th year
10th year
11th year
12th year
13th year
14th year
15th year
Days per month
1
1.0834
1.25
1.25
1.4167
1.4167
1.4167
1.4167
1.4167
1.5834
1.5834
1.5834
1.5834
1.5834
1.8334
Days per year
12
13
15
15
17
17
17
17
17
19
19
19
19
19
22
20.6 Leave without pay may be granted under the following conditions:
a. Subject to mutual agreement between the employee and Court
Administrator.
b. Subject to the work load or service requirements in the department as
determined by the Court Administrator.
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C. Leave without pay is limited to a maximum of twelve (12) months in any
five (5) year period.
d. All leaves without pay are subject to review by the Grant County Board of
Commissioners.
e. Employees on leave without pay are not entitled to accrue any benefits,
seniority and/or time in service rewards. These employees will be
responsible to pay for their own insurance benefits while on leave without
pay if they elect to continue said insurance.
20.7 Vacation Schedule: The Court Administrator has the right to determine how
many Employees will be allowed to schedule vacation. Although normally the
Court Administrator will not permit more than two Employees to be off
vacation, depending on the cross -training and rotation of desks as well as
responsibilities throughout the District Court operations, the Court
Administrator may allow more than two Employees to be off on vacation if the
Court Administrator determines there is satisfactory coverage for the
responsibilities to be carried out. If the Employer is satisfied with the cross -
training process and rotation from desk to desk for learning/training purposes
with regard to the various duties, the Employer will discuss during the term of
the Agreement an approach whereby employees could sign up for vacation on a
seniority basis for set vacations during the course of the year. If the cross -
training and desk rotation process is progressing well, the Court Administrator
will also make arrangements for short notice time off if satisfactory service can be
assured for District Court operations. The Court Administrator has the right to
assign any Employee to any desk and/or responsibility in the process of covering
for vacation leave. These provisions are not subject to the grievance procedure.
ARTICLE XXI - HOLIDAYS
21.1 Employees shall be entitled to the following holidays:
New Year's Day
Martin Luther King's Birthday
Presidents' Day
Memorial Day
Independence Day
Labor Day
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Working Agreement 2019 - 2020
January 1st
Third Monday in January
Third Monday in February
Last Monday in May
July 4th
First Monday in September
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Veterans' Day
Thanksgiving Day
Day After Thanksgiving Day
Christmas Eve
Christmas Day
November 11th
Fourth Thursday in November
December 24th
December 25th
In order to meet the statutory requirements of the Courts, employees may be
required to work a designated County holiday due to the needs of the Courts.
Employees required to work a designated holiday will be compensated
according to contract language below.
21.2 Regular full-time employees shall receive eight (8) hours holiday pay for each of
the holidays listed above on which they perform no work. Regular part-time
employees will be paid holiday pay at their appropriate prorated percentage,
based on the number of hours regularly scheduled to work for each of the
holidays listed above on which they perform no work. Part-time employees or
full-time employees working over eight (8) -hour shifts (i.e., four (4) ten (10) hour
shifts) will be required to use annual leave as necessary for a full "day's" holiday
compensation.
21.3 If the Court Administrator determines that an alternative day shall be taken
because of work necessity or work requirements, then the affected employees
and the Court Administrator will determine, by mutual agreement, an
alternative holiday schedule
21.4 If the Court Administrator determines that an alternative day shall be taken
because of work necessity or work requirements, then the affected employees
and the Court Administrator will determine, by mutual agreement, an
alternative holiday schedule.
21.5 Any regular full time or part time employee required to work on a holiday shall
receive his/her regular rate of pay plus one and one-half (11/2) the regular rate;
provided, however, if the provisions of 21.3 or 21.4 are applicable (Court
Administrator's determination of the need for an alternative holiday time frame),
then the provisions of this Section are inapplicable to regular full-time and/or
regular part-time employees.
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ARTICLE XXII - HEALTH AND WELFARE
22.1 Medical coverage shall commence on the first day of the month following the
date of hire or on that day if they are the same date.
22.2 Medical coverage shall cease on the last day of the month that employment ends
or on the same day if they are the same date. Eligibility is determined by the
Summary Plan Description.
22.3 Employees will have access to two (2) insurance plans: either the Core Plan or
the Buy -Up Plan. These two plans are subject to update as recommended by the
Health and Wellness Committee (HWC) and subject to approval by the County
Commissioners.
Core Plan Premium Share Contributions for full-time regular employees:
Employee Only Tier:
Employer Portion
100%
All Dependent Tiers:
Employer Portion
85%
Employee Portion
0%
Employee Portion
15%
Employer will pay toward the Core Plan one hundred percent (100%) of the
funding level as established by the Board for the employee -only tier. The
Employer will pay eighty-five percent (85%) of the funding level as established
by the Board for the Core Plan for all dependent tiers, and Employees shall pay
fifteen percent (15%) by payroll deduction.
Buy -Up Plan Premium Share Contributions for full-time regular employees:
Employer and Employee premium share contributions for the Buy -Up Plan are
derived from the Employer and employee premium share contributions of the
Core Plan funding levels shown above. The Employer will contribute the
equivalent value of the Core Plan premium share toward the Buy -Up Plan
premiums. Any amounts exceeding the Core Plan funding level Employer
contribution shall be the sole responsibility of the employees and shall be paid by
payroll deduction.
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Premium contribution for part-time regular employees:
The Employer contribution to the employee only portion for part-time regular
employees is as described above for full-time regular employees. Employees
may elect dependent coverage but are responsible for full payment of premium
expense by payroll deduction.
All calculations shall be determined by the Director of Human Resources.
22.4 The Association and/or the employee will indemnify and hold the Employer
harmless from any and all claims made and against any and all suits instituted,
against an insurance carrier regarding a disagreement with said carrier relating
to a claim and/or coverage.
22.5 Disputes regarding insurance claims and/or coverage are between the insurance
company and the employee and are not grievable by the Association and/or the
employee so long as the dispute was not as a result of action by the Employer.
22.6 Reopener: If the Board and Human Resources Director determine there is a need
to reopen the insurance article to address different providers, different benefit
levels and/or different contribution levels, the parties agree to immediately
commence negotiations shortly after written notification. The parties shall
negotiate for up to sixty (60) calendar days. If an agreement is reached it shall be
implemented after the agreement in the next payroll period when
administratively feasible. If an agreement is not reached during the reopener
negotiations and the need for insurance changes is time sensitive as ascertained
by the Board and the Human Resources Director, the Employer may implement
the changes to be effective immediately when the changes can be
administratively carried out. If the Union desires to continue the bargaining
process beyond the Employer's implementation then the parties shall continue
through the negotiations procedures contained in Chapter 41.56, RCW. If the
outcome of the continued impasse resolution process through mediation
modifies the Employer implemented changes, such modifications shall be
prospective only and shall not apply retroactively.
Grant County - District Court Unit Page 31
Working Agreement 2019 - 2020
ARTICLE XXIII - DRUG TESTING POLICY
The Drug and Alcohol Testing Policy and Procedures will be set forth in the "Grant
County Policy & Procedure Manual" Policy.
ARTICLE XXIV - SAVINGS CLAUSE
If any provision of this Agreement is legally invalidated by legislative enactment or
competent court decree, the parties will meet and negotiate about such provision.
However, the remaining provisions of the contract will remain in full force and effect.
ARTICLE XXV - ENTIRE AGREEMENT
The terms hereof cover the entire Agreement between the parties, and all rights not
specifically abridged or limited herein are reserved exclusively to the Employer,
regardless of whether or not such rights have previously been exercised by the
Employer. There shall be no verbal or written agreement between the Employer and
the employees in violation of this Agreement. This Agreement contains all of the
covenants, stipulations and provisions agreed upon and no representative of either
party has authority to make, and none of the parties shall be bound by any statement,
representation or agreement reached prior to the signing of this Agreement and not set
forth herein.
ARTICLE XXVI - TERM OF AGREEMENT
This Agreement shall be effective January 1, 2019, except as otherwise indicated and
will remain in full force and effect until December 31, 2020.
Negotiations may be requested by either party to this Agreement ninety (90) days
before the expiration of this Agreement.
[Signature page follows.]
Grant County — District Court Unit Page 32
Working Agreement 2019 — 2020
DATED this ��' day of AFIYae- 2020.
BOARD OF COUNTY GRANT COUNTY PUBLIC
IS ON E LOYEES' ASSOCIATION 7/,
Cindy Carto, Chairper r6D,1Aaedke, President
e� & - � �- D
Tom Taylor, Vice Chairperson
Richard Stevens, Commissioner
GRANT COUNTY DISTRICT COURT
Janis Whitener -Mob
Presiding District Court Judge
Grant County - District Court Unit Page 33
Working Agreement 2019 - 2020
ADDENDUM A - Salary Administration Procedure
A new hire will be placed at the appropriate salary range at step 1 based on the study
and subject to prior review by the Human Resources Department and subject to prior
approval by the Board of County Commissioners. An employee will progress to step 2
after 6 months of successful service and, subsequently, to step 3 after another 6 months
of successful service. Thereafter, incumbents will progress to next higher steps in annual
increments until reaching range maximum. The steps within the pay plan will continue
unless the parties negotiate to discontinue the steps prior to the end of the last year of
the CBA.
Exceptions:
• New hires may be placed at rates above step 1 in rare instances where the
person brings exceptional experience, training, specialized knowledge
and/or essential credentials. This may be done subject to prior review by the
Human Resources Department and subject to prior approval by the Board
of County Commissioners.
• Present employees promoted into a job with a higher band allocation may
be placed at the new salary range step that would result in a "promotional"
salary increase subject to prior review and recommendation of the Human
Resources Department and subject to prior approval by the Board of
County Commissioners. Promotional salary increase means the step in the
new salary range which provides the employee with an increase in pay not
necessarily the same step as the prior salary range step.
• In rare instances, severe market pressures on specific jobs may be
considered for recruitment of candidates in very high demand subject to
prior review of the Human Resources Department and subject to prior
approval by the Board of County Commissioners. Normally, a new recruit
will not be placed in a salary step higher than any present incumbent in the
same job class who is performing at a fully competent level except in
circumstances where the person brings exceptional experience, training,
specialized knowledge and/or essential credentials to the job. This
assessment is subject to prior review by the Human Resources Department
and subject to prior approval by the Board of County Commissioners
Grant County — District Court Unit Page A-1
Working Agreement 2019 — 2020
Progression Increases:
• Incumbents whose salary rate is in a step lower than step 7 and whose
performance is entirely satisfactory on a continuing basis as determined by the
Elected Official(s) or Department Heads with review by the Human Resources
Department, will progress to next higher step at annual salary adjustment time,
until their salaries reach step 7.
Grant County - District Court Unit Page A-2
Working Agreement 2019 - 2020
ADDENDUM B - 2019 and 2020 Pa, Plan
2019 Pay Plan
Job Title
Band
1
2
3
4
5
6
7
Records Clerk
2
H
$17.14
$17.65
$18.16
$18.67
$19.17
$19.67
$20.16
P $1,485.47 $1,529.67 $1,573.87 $1,618.07 $1,661.40 $1,704.73
$1,747.20
M $2,970.93 $3,059.33 $3,147.73 $3,236.13 $3,322.80 $3,409.47
$3,494.40
Clerk 1
3
H
$17.79
$18.32
$18.85
$19.38
$19.90
$20.42
$20.93
P $1,541.80 $1,587.73 $1,633.67 $1,679.60 $1,724.67 $1,769.73
$1,813.93
M $3,083.60 $3,175.47 $3,267.33 $3,359.20 $3,449.33 $3,539.47
$3,627.87
Clerk 2
5
H
$19.22
$19.80
$20.37
$20.94
$21.51
$22.07
$22.62
P $1,665.73 $1,716.00 $1,765.40 $1,814.80 $1,864.20 $1,912.73
$1,960.40
M $3,331.47 $3,432.00 $3,530.80 $3,629.60 $3,728.40 $3,825.47
$3,920.80
Clerk 3
7
H
$20.78
$21.40
$22.02
$22.64
$23.25
$23.85
$24.45
P $1,800.93 $1,854.67 $1,908.40 $1,962.13 $2,015.00 $2,067.00
$2,119.00
M $3,601.87 $3,709.33 $3,816.80 $3,924.27 $4,030.00 $4,134.00
$4,238.00
Interpreter Clerk
8
H
$21.68
$22.33
$22.98
$23.62
$24.26
$24.89
$25.51
P $1,878.93 $1,935.27 $1,991.60 $2,047.07 $2,102.53 $2,157.13
$2,210.87
M $3,757.87 $3,870.53 $3,983.20 $4,094.13 $4,205.07 $4,314.27
$4,421.73
H = Hourly
P = Pay Period
P = Pay Period
M = Monthly
M = Monthly
2020 Pay Plan
Job Title
Band
1
2
3
4
5
6
7
Records Clerk
2
H
$17.53
$18.06
$18.58
$19.10
$19.62
$20.13
$20.63
P $1,519.27 $1,565.20 $1,610.27 $1,655.33 $1,700.40 $1,744.60
$1,787.93
M $3,038.53 $3,130.40 $3,220.53 $3,310.67 $3,400.80 $3,489.20
$3,575.87
Clerk 1
3
H
$18.20
$18.75
$19.29
$19.83
$20.37
$20.90
$21.42
P $1,577.33 $1,625.00 $1,671.80 $1,718.60 $1,765.40 $1,811.33
$1,856.40
M $3,154.67 $3,250.00 $3,343.60 $3,437.20 $3,530.80 $3,622.67
$3,712.80
Clerk 2
5
H
$19.66
$20.25
$20.84
$21.42
$22.00
$22.57
$23.13
P $1,703.87 $1,755.00 $1,806.13 $1,856.40 $1,906.67 $1,956.07
$2,004.60
M $3,407.73 $3,510.00 $3,612.27 $3,712.80 $3,813.33 $3,912.13
$4,009.20
Clerk 3
7
H
$21.26
$21.90
$22.54
$23.17
$23.80
$24.42
$25.03
P $1,842.53 $1,898.00 $1,953.47 $2,008.07 $2,062.67 $2,116.40
$2,169.27
M $3,685.07 $3,796.00 $3,906.93 $4,016.13 $4,125.33 $4,232.80
$4,338.53
Interpreter Clerk
8
H
$22.18
$22.85
$23.51
$24.17
$24.82
$25.47
$26.11
P $1,922.27 $1,980.33 $2,037.53 $2,094.73 $2,151.07 $2,207.40
$2,262.87
M $3,844.53 $3,960.67 $4,075.07 $4,189.47 $4,302.13 1 $4,414.80
$4,525.73
H = Hourly
P = Pay Period
M = Monthly
The steps within the pay plan will continue unless the parties negotiate to discontinue
the steps prior to the end of the last year of the CBA.
Grant County - District Court Unit Page B-1
Working Agreement 2019 - 2020
Employees will progress to the next applicable step on the first day of the new pay
period following the anniversary of the position date (excludes employees at Step 7).
The bands on the attached Pay Plan are those which apply to employees within the
bargaining unit. Employees remain in the same band but may be eligible for a step
increase subject to the provisions of Addendum A.
To be eligible for retroactive pay, an employee must be in an active employment status
as of the date of signing. Any employee who has left employment for whatever reason
before signature by the last signing party shall not be eligible for any pay and step
increases. Any employees who leave employment before the effective date of any
increases shall not be eligible for any pay and step increases. The Human Resources
Director shall make the final determination with regard to pay and step increases
eligibility.
Grant County — District Court Unit Page B-2
Working Agreement 2019 — 2020