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Contract - 12-05-2017 - 9149 - Labor Agreement with Emergency Services Association for 2017-2018.AS -9149 Motion Items 8. BOCC Agenda Meeting Date: 12/05/2017 Labor Agreement with Emergency Services Association for 2017 -2018 Submitted For: Jim Zdilar, Human Resources Submitted By: Stephanie Dunn, Human Resources Department: Human Resources Information Subject and Summary Statement This Agreement is entered into between the Board of Cowlitz County Commissioners and the Cowlitz County Emergency Services Association for the Collective Bargaining Agreement effective January 1 2017 through December 31, 2018. Will Staff Attend Y / N Yes Department Recommendation Recommend the Board approve the Agreement between Cowlitz County and Cowlitz County Emergency Services Association for the period of January 1, 2017 through December 31, 2018. Attachments Labor Agreement with Emergency Services Assoc Form Review Inbox Reviewed By Date Jim Zdilar, Human Resources Jim Zdilar 11/28/2017 04:07 PM Clerk of the Board Tiffany Ostreim 11/28/2017 04:07 PM Form Started By: Stephanie Dunn Started On: 11/28/2017 03:58 PM Final Approval Date: 11/28/2017 COLLECTIVE BARGAINING AGREEMENT By and Between COWLITZ COUNTY 01 COWLITZ COUNTY EMERGENCY SERVICES ASSOCIATION 2017 -2018 TABLE OF CONTENTS PREAMBLE ............... WE 1 ARTICLE 2 DUES CHECKOFF .................................................................... ..............................1 2.1 Association Security .............................................................................. ..............................1 2.2 Payment of Dues and Service Fees ....................................................... ............................... l 2.3 Religious Exception ............................................................................... ..............................2 2.4 Notices of Noncompliance ..................................................................... ..............................2 2.5 Indemnification of Employer ................................................................. ..............................2 ARTICLE 3 NONDISCRIMINATION .. ............................... 3.1 Discrimination .............................. ............................... 3.2 Harassment ................................... ............................... 3.3 Claims of Discrimination and Harassment .................. 3.4 Terminology .................................. ............................... 6..6 6.........4 ................ 6 6..6...4 ................... ARTICLE 4 GRIEVANCE PROCEDURES ................................................... ..............................3 4.1 4.2 Grievance Defined ................................................................................. ..............................3 Procedures and Time Limits .................................................................. ..............................3 4.3 4.4 Arbitration .............................................................................................. ..............................4 Exclusive Remedy ................................................................................. ..............................4 4.5 Time Limits ........................................................................................... ..............................4 4.6 Settlements ............................................................................................. ..............................5 ARTICLE 5 DISCIPLINE AND DISCHARGE .............................................. ..............................5 5.1 Probationary Employees ........................................................................ ..............................5 5.2 Just Cause for Discipline ....................................................................... ..............................5 5.3 Discharge or Suspension Procedures ..................................................... ..............................5 5.4 Disciplinary Investigations .................................................................... ..............................5 5.5 Review of Discipline ................................................... ..............................6 ARTICLE 6 VOLUNTARY TERMINATION PROCEDURE ...................... ..............................6 6.1 Resignation ............................................................................................ ..............................6 6.2 Retirement .............................................................................................. ..............................6 6.3 Position Abandonment ........................................................................... ..............................6 ARTICLE 7 ASSOCIATION ACCESS AND COMMUNICATIONS .......... ..............................7 7.1 Association Representatives .................................................................. ..............................7 7.2 Association Access ................................................................................ ..............................7 7.3 Negotiations and Grievance Processing ................................................. ..............................7 ii 7.4 7.5 Association Business During Working Hours ....................................... Association Bulletin Board .................................................................... 7 7 7.6 9.2 Arbitration and PERC Hearings ....................................... ..............................8 ARTICLE 8 MANAGEMENT RIGHTS ....... 8.1 Management Rights .............................. 8.2 Scope of Rights ...... ............................... 8.3 Employer Policies and Rules ................ 8.4 Use of Excluded Employees ................. 8.5 Transfers of Work .. ............................... 6 6.......6..6........... I .... ........................66...6 6 6666.. ..6..6 ................4 6....... 6666.. .6.6..6..6 ..................... ARTICLE 9 WAGES, OVERTIME AND OTHER COMPENSATION ....... .............................10 9.1 Wage Rates ........................................................................................... .............................11 9.2 Temporary or Permanent Wage Rate Adjustments .............................. .............................11 9.2.1 Step Assignments and Increases ................................... .............................11 9.2.2 Promotions .................................................................... .............................11 9.2.3 Temporary Assignments ............................................... .............................11 9.2.4 Demotions ..................................................................... .............................11 9.3 Overtime ............................................................................................... .............................11 9.3.1 Daily Overtime ............................................................. .............................11 9.3.2 Weekly Overtime .......................................................... .............................12 9.3.3 Holiday Work 12 9.3.4 Compensatory Time Option .......................................... .............................12 9.4 Transfers ............................................................................................... .............................12 9.5 9.6 Shift Work ............................................................................................ .............................12 Call -In Pay ............................................................................................ .............................12 9.7 9.8 Callout Pay ........ . ....................... . ........... . ... ....... .......... . ....... ..... ..... ........ ..... . ....... . ................ Staff Meetings and Training ................................................................. .............................13 12 9.9 Trainer Pay ............................................................................................ .............................13 9.10 9.11 Lead Pay ................................................................................................ .............................13 No Duplication or Pyramiding .............................................................. .............................13 ARTICLE 10 HOURS OF WORK - GENERAL ........................................... .............................13 10.1 Workday ............................................................................................... .............................13 10.2 10.3 Schedule Changes ................................................................................ .............................13 Rotational Shift Trades ........................................................................ .............................14 10.4 10.5 Work Schedules................................................................................... .............................14 Scheduled Overtime ............................................................................. .............................14 10.6 10.7 Voluntary and Mandatory Call -Out List.............................................. .............................14 Procedure for Filling Vacancies of Less Than Three Days But More Than Eight Hours. 15 10.8 Procedure for Filling A Vacancy Due to Call -In or Other Time Off Which Must Be 10.9 Assigned in Less than Eight (8) Hours ............................................... .............................15 Overtime Callout Procedures and Exemptions .................................... .............................16 10.10 10.11 Use of Unscheduled Time Off ............................................................. .............................16 Callout Responsibility ......................................................................... .............................16 10.12 Work Schedules ................................................................................... .............................16 iii 10.13 10.14 14.1 Voluntary Overtime Callout Procedure ............................................... .............................16 Mandatory Overtime Callout Procedure .............................................. .............................17 14.2 10.15 14.3 Overtime Callout Procedures and Exemptions .................................... .............................17 14.4 10.16 14.5 Use of Unscheduled Time Off ............................................................. .............................18 ARTICLE 11 MEAL PERIODS AND BREAKS .......................................... .............................18 ARTICLE 12 INSURANCE COVERAGE AND BENEFITS.......... 12.1 Eligibility and Plans .................................. ............................... 12.2 Coverage ................................................... ............................... 12.3 Premiums .................................................. ............................... 12.4 Disputes .................................................... ............................... 12.5 Continuation of Insurance ......................... ............................... 12.6 Unpaid Time Off.. ARTICLE 13 VACATION ........... ............................... 13.1 Eligible Employees ............. ............................... 13.2 Vacation Accrual Rates ...... ............................... 13.2.1 Vacation Accrual ........................ 13.2.2 New Hires ... ............................... 13.2.3 Rehired Employees .................... 13.2.4 Maximum Vacation Accruals.... 13.3 Scheduling of Accrued Vacation ....................... 13.4 Bonus Vacation Days .......... ............................... 13.5 Payment of Earned Vacation ............................. 13.6 Calculation of Vacation Time and Pay .............. ARTICLE 14 HOLIDAYS ..... 14.1 Eligible Employees....... 14.2 Recognized Holidays .... 14.3 Floating Holiday........... 14.4 Holiday Pay Rate .......... 14.5 Holiday Pay Rate .......... ARTICLE 15 SICK LEAVE ..................... ............................... 15.1 Eligible Employees ......................... ............................... 15.2 Sick Leave Accrual Rates ............... ............................... 15.2.1 Sick Leave Accrual . ............................... 15.2.2 New Hires ............... ............................... 15.2.3 Rehired Employees . ............................... 15.2.4 Maximum Sick Leave Accruals ............. 15.3 Scheduling Sick Leave .................... ............................... 15.4 Use of Sick Leave ........................... ............................... 15.5 Pay in Lieu of Sick Leave .......................................... ................6.............. 15.6 Sick Leave Pay Rate .................................................. ............................... 15.7 Use of Accrued Sick Pay Leave ................................. ............................... iv 15.8 Sick Leave Donations ........................................................................... .............................25 ARTICLE 16 PERSONAL LEAVE ............................................................... .............................25 16.1 Eligibility .............................................................................................. .............................25 16.2 Application for Personal Leave or Extensions ..................................... .............................26 16.3 Pay and Benefits ................................................................................... .............................26 16.4 Reinstatement ....................................................................................... .............................26 ARTICLE 17 FAMILY AND PARENTAL LEAVES OF ABSENCE .......... .............................26 17.1 Eligibility .............................................................................................. .............................26 17.2 Pay and Benefits ................................................................................... .............................26 17.3 Reinstatement ....................................................................................... .............................26 ARTICLE 18 DISABILITY LEAVES ........................................................... .............................26 18.1 Eligibility .............................................................................................. .............................26 18.2 Rules Governing Disability Leaves ...................................................... .............................27 18.3 Pay and Benefits ................................................................................... .............................27 18.4 Reinstatement ....................................................................................... .............................27 ARTICLE 19 JURY AND WITNESS DUTY ( "CIVIC ") LEAVES OF ABSENCE .................27 19.1 Jury Duty Leave .................................................................................... .............................27 19.2 Witness Duty Leave .............................................................................. .............................27 19.3 Advance Notice ..................................................................................... .............................28 19.4 Pay and Benefits ................................................................................... .............................28 ARTICLE 20 MILITARY LEAVES OF ABSENCE ..................................... .............................28 ARTICLE 21 BEREAVEMENT LEAVES OF ABSENCE .......................... .............................28 21.1 Immediate Family ................................................................................. .............................28 21.2 21.3 Other Relatives /Friends ........................................................................ .............................28 Pay and Benefits ................................................................................... .............................28 ARTICLE 22.1 22 JOB VACANCIES AND CHANGES ..................................... .............................29 Job Vacancies ....................................................................................... .............................29 22.2 Changes in Classifications .................................................................... .............................29 ARTICLE 23 SENIORITY ............................................................................. .............................29 23.1 Seniority Defined .................................................................................. .............................29 23.2 Seniority Dates ...................................................................................... .............................29 23.2.1 Department Seniority Date ........................... .............................29 23.2.2 Seniority Disputes ..................................... .............................29 23.3 23.4 Uses of Seniority ................................................................................... .............................30 Trial Period ........................................................................................... .............................30 23.5 Adjustments in Seniority Date .............................................................. .............................30 23.6 Loss of Seniority and Employment ....................................................... .............................30 v ARTICLE 24 PERFORMANCE OF DUTIES ............................................... 24.1 No Strikes ............................................................................................. 30 30 24.2 24.3 No Strike Violations ............................................................................. No Waiver ............................................................................................. 31 31 ARTICLE 25.1 25 TRAINING AND DEVELOPMENT ...................................... Purpose ................................................................................................. 31 31 25.2 26.4 Mandatory Training .............................................................................. 31 25.3 25.4 26.5 Compensation for Time ........................................................................ Reimbursement of Costs ....................................................................... 31 31 ARTICLE26 GENERAL ............................................................................... .............................31 26.1 26.2 Personnel File ....................................................................................... .............................31 26. 1.1 Official File ................................................................... .............................31 26.1.2 Entries and Access ........................................................ .............................31 Critical Incident Debriefing .................................................................. .............................32 26.3 Examinations and Releases ................................................................... .............................32 26.4 Savings Clause ...................................................................................... .............................32 26.5 Waiver Clause ....................................................................................... .............................32 26.6 26.7 Amendments ......................................................................................... .............................33 Duration and Term of Agreement ......................................................... .............................33 APPENDIX A WAGE SCALES AND LONGEVITY ............................... .............................34 APPENDIX B SENIORITY LISTS ............................................................. .............................36 APPENDIX C SICK LEAVE SEPARATION PAY ................................... .............................38 APPENDIX D ALTERNATE WORK SCHEDULE FOR 911 DISPATCHERS ................39 APPENDIX E RECORDS WORKWEEK ......................................... .............................44 K21 PREAMBLE This Agreement is entered into by and between the Cowlitz County Board of Commissioners (hereafter referred to as "County" or "Employer ") and the Cowlitz County Emergency Services Association hereafter referred to as "Association "). ARTICLE PURPOSE 1.1 Purpose. The purpose of this Agreement is to establish hours of work, pay rates, benefits, working conditions and other terms and conditions of employment under which employees covered by this Agreement will be employed during its term. 1.2 Association Recognition and Representation. Employer recognizes the Association as the sole collective bargaining representative of all regularly scheduled full -time employees in the Dispatch and Records Departments doing the work of 911 dispatcher and records specialist, excluding supervisors, confidential employees, trainees, temporary employees and all other employees. A full -time employee is one who works an average of twenty -nine (29) hours per week for six (6) consecutive months. ARTICLE 2 DUES CHECKOFF 2.1 Association Security. All employees of Employer covered by this Agreement who are members of the Association in good standing on the date this Agreement is executed shall remain members in good standing. All employees who are not members on the date this Agreement is executed and who have been employed for six (6) or more consecutive months may, on or after the thirty-first (31 st) day following the date this Agreement is executed, become and remain members in good standing in the Association. It shall be a condition of employment that all employees covered by this Agreement and hired on or after its execution date shall, no later than thirty (3 0) calendar days after the employee's date of regular employment, become and remain members in good standing in the Association or pay the applicable service fees. 2.2 Payment of Dues and Service Fees. 2.2.1 Upon written authorization by an employee, Employer agrees to deduct from the wages of each employee the sum certified by the Association as the initiation fee and /or dues each month and forward the sum to the Association's designated officer. 2.2.2 Employees who choose not to become members of the Association shall pay service fees in lieu of dues to the Association. Such payment shall be the same amounts as the uniformly required dues and initiation fees paid by Association members. Employer agrees that it will deduct from the salary or wages of the employees in the bargaining unit the in- lieu -of -dues payment required by this Agreement and pay such amount to the Association in the same manner as deducted dues are paid to the Association. 2.2.3 If any employee does not have a check coming or the check is not large enough to satisfy the deductions, no deductions shall be made from the employee for that calendar month. 2.2.4 All requests to cancel dues deductions shall be in writing to Employer and the employee shall simultaneously notify the Association. 2.3 Religious Exception. An employee who is or becomes obligated to make the payments required by Section 2.2 and has or thereafter develops sincerely held religious beliefs against joining or financially supporting a labor organization may pay an amount of money equivalent to regular dues to a nonreligious charity mutually agreed upon by the employee and Association. Payments are to be made on a regular monthly basis or in advance, and proof of payment will be sent by the employee to the Association within fifteen (15) calendar days of each payment. 2.4 Notices of Noncompliance. Upon determining that an employee is in violation of Section 2. 1, the Association will give the employee at least ten (10) calendar days' written notice of the delinquency (and the amount due) and of its intent to demand the employee's termination if payment is not received within that period. 2.5 Indemnification of Employer. Association agrees to indemnify and hold harmless Employer, its Board members, officers, agents and employees, from and against any and all claims, demands, actions, lawsuits or any other forms of liability, monetary or otherwise (for example, claims for reinstatement or reemployment), including any attorneys' fees and costs, arising from the application and enforcement of this Article 2. ARTICLE 3 NONDISCRIMINATION 3.1 Discrimination. Both parties agree that there shall be no discrimination against any employee of the bargaining unit because of race, religion, creed, color, national origin, marital status, sex, age, political affiliation, union membership, sexual orientation, honorably discharged veteran or military status, or the presence of any sensory, mental or physical disability of the use of a trained dog guide or service animal by a person with a disability, or any other status protected by law. 3.2 Harassment. Employer will provide a working environment free from all forms of unlawful harassment. 33 Claims of Discrimination and Harassment. An employee who believes he /she is subjected to any violation of Sections 3.1 or 3.2 is strongly encouraged to promptly report the matter to the Department Director or Employer's Director of Personnel so that Employer can discharge its legal obligation to timely conduct an appropriate investigation. 3.4 Terminology. The words "he" or "she" are used in this Agreement for explanatory purposes only and do not refer to the actual gender sex) of any person. ARTICLE 4 GRIEVANCE PROCEDURES 4.1 Grievance Defined. For purposes of this Agreement, a "grievance" is defined as a complaint or dispute between an employee or the Association and Employer concerning the interpretation, application or enforcement of specific provisions of this Agreement. 4.2 Procedures and Time Limits. Except as otherwise provided in this Agreement, all grievances arising during its term will be submitted according to the following procedures and time limits: Grievance Steps — Grievance shall be processed in the following manner and within the stated time limits unless by mutual consent of the Employer and the Association any or all time limits as specified in the grievance procedures are waived. Any grievance shall be stated in writing and signed by the employee(s) and/or an Association representative. The written statement shall contain the following information: A. A general statement explaining conditions and actions, which require remedy. B. The remedial actions requested and the employee or class of employees eligible to receive the remedy. C. The Article(s) and Section(s) alleged to be improperly administered or violated. Step 1: An employee or the Association will meet with the supervisor and attempt to informally resolve the grievance within fourteen (14) calendar days from the date on which the employee or the Association knew or reasonably should have known of the occurrence giving rise to the grievance. The supervisor will respond in writing within fourteen (14) calendar days. Step 2: If the grievance is not satisfactorily resolved at Step 1, the employee or the Association may appeal the grievance. The appeal must be in writing and must clearly state the facts, the identity of the allegedly aggrieved employee(s), the specific provisions of the Agreement alleged to have been violated and the requested remedy, and provided to the Department Director and the Director of Human Resources within fourteen (14) calendar days from the receipt of the Step 1 answer. The Department Director or designee will deliver a written answer to an Association representative within fourteen (14) calendar days after the appeal is received. The answer will be final and binding on Employer, the Association and all employees subject to this Agreement unless the Association exercises its rights at Step 3. Step 3: If the grievance is not settled in Step 2 above to the Association's satisfaction, it shall be forwarded by the Association within fourteen (14) calendar days from the date the Director's or designee's response is received, to the County Commissioners with a copy to the Human Resources Director. After receipt of the grievance, the County Commissioners shall render a written decision within twenty -one (21) calendar days. The County Commissioners shall have the option to meet with the grievant and /or Association. The grievant shall be allowed to have an Association representative present at the meeting. Step 4: If the grievance is not satisfactorily resolved by the Step 3 answer, the Association may refer any grievance arising during the term of this Agreement to arbitration by submitting its written request to the Director of Personnel within fourteen (14) calendar days after its receipt of the Step 3 answer (or the date the Step 3 answer was due in the event Employer failed to timely respond). 4.3 Arbitration. Within fourteen (14) calendar days of Employer's receipt of the request for arbitration, Employer and Association will attempt to agree on a neutral arbitrator to hear the grievance, and with mutual agreement may submit multiple grievances to the same arbitrator. If the parties are unable to reach agreement on an arbitrator, and within fourteen (14) calendar days of the date of the Association request to refer the grievance to arbitration, the Association will mail a request for a panel of nine (9) members with their principal place of residence in Washington or Oregon from the Federal Mediation & Conciliation Service. Within fourteen (14) calendar days of receiving the list, the parties will alternately strike names from the list, with the moving party to strike the first name, until one name remains, and he /she shall serve as arbitrator. Either party may require that an official record of the proceedings be prepared by a professional reporter and that a copy be provided to the arbitrator. The decision of the arbitrator shall be final and binding on the parties, and on all employees subject to this Agreement, but the arbitrator will confine his /her decision to the interpretation and application of the specific provisions of this Agreement which have been placed in issue by the parties, and will have no authority to enlarge, diminish, alter, amend or in any way modify the terms of this Agreement. Each party will pay one -half (1/2) of any fee to obtain the arbitration panel, but will bear its own costs and expenses in any such arbitration proceeding. The losing party (to be designated by the arbitrator) will pay the full cost of the arbitrator's fees and any out -of- pocket or per diem expenses. The cost of all reporting and transcript fees shall be the responsibility of the party making the request unless the other party requests the opportunity to inspect and/or use the transcript for any purpose other than confirming its accuracy, in which event the cost shall be equally divided. 4.4 Exclusive Remedy. It is specifically understood and agreed that the grievance procedure established in this Article 4 is the exclusive procedure for use by all bargaining unit employees and the Association for bringing or asserting any claim allegedly arising under any provision of this Agreement, but shall not waive an employee's right to bring claims under any applicable federal or state law. 4.5 Time Limits. Failure to file or appeal a grievance within the time limits (or any mutually agreed written extension) will waive all right to relief. Failure by the employee or the Association to submit the grievance in accordance with these time limits shall constitute an abandonment of the grievance. Failure of Employer to respond within the time limits (or any extension mutually agreed to in writing in advance) will cause the grievance to automatically be referred to the next step of the grievance procedure unless earlier withdrawn by the Association. I 4.6 Settlements. Settlement of any grievance at Step 1 will be final and binding but will not be precedential as to any of the issues involved in the grievance, nor can it be used by either parry to establish a past practice or interpretation of the relevant contract provisions in any future grievance. The Association shall have the right to appeal any proposed grievance settlement at Step 1 which it believes should be resolved on a precedential basis by timely appealing to Step 2. Except as otherwise agreed by Employer and Association, settlement of any grievance at Step 2 will be final, binding and precedential. ARTICLE 5 DISCIPLINE AND DISCHARGE 5.1 Probationary Employees. Probationary employees may be disciplined or discharged at any time in the County's sole discretion without recourse to the grievance procedure. The probationary period will include training time and extend six (6) months (but not less than one year) beyond the date the probationary employee is signed off to work on his/her own, and will automatically be extended by the number of scheduled workdays in excess of twenty (20) (or one - hundred -sixty (160) hours, whichever is less) the employee is unable to work, regardless of the reason or cause. 5.2 Just Cause for Discipline. No regular (i.e., nonprobationary) employee will be disciplined or discharged except for just cause. Conduct or behavior which provides just cause for discharge for a first offense are: any form of dishonesty (including theft or possession, without proper prior permission, of Employer property or the property of others) in any way connected with employment; severe incidents of unlawful discrimination or harassment; possession, use or being under the influence of any intoxicating liquor while on duty; possessing, using, transferring, offering, sharing, attempting to sell or obtain, or being under the influence of any illegal drug or controlled substance while on duty; fighting or conduct which is likely to provoke or cause bodily injury or property damage; proven recklessness resulting (or which could have resulted) in physical harm to any person or damage to equipment or property; possessing firearms of any type while on duty; refusing to perform job assignments or to comply with supervisory requests or instructions except when there is a reasonable belief that serious injury might result; using abusive or threatening language or behavior in any job - related circumstance; immoral, indecent or criminal conduct while on duty or in other circumstances which might adversely reflect upon Employer; or other conduct or behavior which is similar in its seriousness and/or impact. Employer may take whatever disciplinary action it deems appropriate for any of these violations including, but not limited to, discharge; and the only issue reviewable through the grievance procedure will be whether the employee committed the violation. 53 Discharge or Suspension Procedures. Regular employees will not be subject to suspension or discharge without being offered an opportunity to respond to the charges or reasons such action is under consideration. 5.4 Disciplinary Investigations. Prior to interviewing an employee suspected of conduct or behavior which may lead to disciplinary sanctions, Employer will advise the employee that that interview could result in discipline. The employee will have the right, if such employee so requests at that time, to have one Association representative present. The representative, if an on -duty employee, must inform the supervisor of the need to cease work and shall suffer no loss of straight -time wages for the actual duration of such meeting plus a maximum of fifteen (15) contiguous minutes. The Association representative shall be present only to assist the employee and shall not act in obstruction of the investigation. Nothing in this provision shall prevent an Association representative who is off -duty or is a non - employee from being present if it will not unduly delay the meeting. Employer will inform the employee and the Association of the results of the investigation within fourteen (14) calendar days of its completion. 5.5 Review of Discipline. Employees may request removal of any disciplinary document maintained in the Official Personnel file after 24 months from the issue date of the document. The decision to remove a disciplinary document from the official Personnel file rests solely with the Department Head. ARTICLE 6 VOLUNTARY TERMINATION PROCEDURE 6.1 Resignation. An employee desiring to voluntarily separate from employment must give fifteen (15) calendar days' written notice prior to the proposed last day of work (which shall be identified). Employer shall have the right to waive part or all of the notice without compensation or liability as to a probationary employee or a regular employee who resigns in circumstances constituting cause for termination. Regular employees otherwise providing such notice normally will be allowed to work the notice period, but Employer may provide any combination of pay and notice in lieu of accepting some or all of the notice. Except in unusual or emergency circumstances, failure to comply with this provision may render the employee ineligible for future reemployment. 6.2 Retirement. An employee desiring to retire from employment must give fifteen 15) calendar days' written notice, or such greater period as is possible under the circumstances, prior to the proposed last day of work (which shall be identified). Employer shall have the right to waive part or all of the notice without compensation or liability as to a probationary employee or a regular employee who resigns in circumstances constituting cause for termination. Regular employees otherwise providing such notice normally will be allowed to work the notice period, but Employer may provide any combination of pay and notice in lieu of accepting some or all of the notice. Except in unusual or emergency circumstances, failure to comply with this provision may render the employee ineligible for future reemployment. 6.3 Position Abandonment. An employee who is absent from work for three (3) consecutive scheduled workdays without advance notice to the Department Director, or has three (3) separate no -call, no -show absences in any twelve- (12 -) month period, will be considered to have abandoned the position, regardless of the employee's motivation or intent, unless the failure(s) to notify was clearly beyond the employee's control. A notice of presumption of abandonment will be mailed to the last address given Employer by the employee. ARTICLE 7 ASSOCIATION ACCESS AND COMMUNICATIONS 7.1 Association Representatives. The Association will notify Employer in writing of the names of its representative(s) and officers assigned to the bargaining unit, and thereafter will notify Employer in writing of any changes within ten (10) calendar days. Employer shall not in any way be held responsible for using any Association representative designated under this section in any interviews held under Section 5.4. 7.2 Association Access. The Association representative(s) designated in Section 7.1 will be allowed reasonable access to the worksite during regular working hours for the purpose of adjusting disputes, investigating working conditions, and monitoring compliance with this Agreement, provided, however, that the representative(s) must have advance permission (which shall not be unreasonably refused) from the Department Director or Director of Personnel, must observe all of Employer's security rules, and there must be no interruption of work or of employees who are or should be working. 7.3 Negotiations and Grievance Processing. Except as mutually agreed otherwise, all collective bargaining negotiations and grievance processing, including any arbitration hearings, will be held during Employer's normal business hours. Employer recognizes Association's right to bring such employees as it deems appropriate for the purpose of meeting with Employer to negotiate a successor agreement. Employer shall not be required to allow one or more employees time off from scheduled work if it would present operational or service problems and/or would require Employer to mandate another employee to serve as a replacement. Employer agrees to compensate two (2) employees at a straight -time rate of pay for any scheduled work lost as a result of such negotiations. The association is to notify the Department's Director or designee fourteen (14) calendar days prior to negotiations for the need of coverage for an employee requiring time off from scheduled work. If the notification is not requested fourteen (14) calendar days prior, it will be the responsibility of the employees to find a replacement to cover the scheduled shift. 7.4 Association Business During Working Hours. Except as specifically authorized by Sections 7.2 and 7.3, employees may not engage in any Association activities or business during their working hours (which shall not include breaks and meal periods). 7.5 Association Bulletin Board. Employer will provide two (2) bulletin boards or wall spaces, one (1) in the work area used by records specialists and one (1) in the work area used by dispatchers, for Association use in communicating with members of the bargaining unit. The Association shall be responsible for all notices posted on its bulletin boards or wall spaces, and will keep the wall space or bulletin board orderly. The Association understands that material which Employer deems profane, obscene, defamatory, or in violation of Employer's policy against unlawful discrimination or harassment, may be removed by Employer without notice, but Employer agrees to discuss the issue with any on -shift Association officer or steward prior to doing so. 7.6 Arbitration and PERC Hearings. For Arbitration hearings one Association Representative and up to one Grievant may have their schedule adjusted (as determined by the County) if the Arbitration is scheduled on the employee(s) regular workday. If the Arbitration is scheduled on the employee(s) regular day off there will be no adjustment of their schedule. For PERC hearings one Association Representative may have their schedule adjusted (as determined by the County) if the PERC hearing is scheduled on the employee(s) regular workday. If the PERC hearing is scheduled on the employee(s) regular day off there will be no adjustment of their schedule. The schedule adjustment shall include adjustments to other regularly scheduled employees who share similar days off. A dayshift employee may be required to temporarily adjust their work week schedule to nights or days to provide adequate coverage on both shifts. The association is to notify the Department's Director or designee fourteen (14) calendar days prior to negotiations for the need of coverage for an employee requiring time off from scheduled work. If the notification is not requested fourteen (14) calendar days prior, it will be the responsibility of the employee to find a replacement to cover the scheduled shift. ARTICLE 8 MANAGEMENT RIGHTS 8.1 Management Rights. The Association recognizes that the County has the responsibility and authority to advance to the fullest extent possible the economy of operation of the Department and to protect the primary interests of the citizens the Department exists to serve. Thus, except as clearly and expressly limited by specific provisions of this Agreement, the rights of Employer in all respects to manage its operations, affairs and work force shall be totally unimpaired. 8.2 Scone of Rights. Subject to Section 8.1, and byway of illustration rather than limitation, examples of management rights exclusively reserved to Employer are the rights: To establish qualifications for employment and to hire employees from any source; 2. To determine and supervise the Department's mission, policies, and all standards, levels and priorities of service offered to the public; 3. To determine the need for any reduction or increase in the work force, whether a vacancy exists for purposes of staffing, the scope and content of each job, and /or reporting relationships within the Department; 4. To create and administer budgets and control expenditures including, but not limited to, partial or complete closures, liquidations, relocations and/or reorganizations of operations and/or facilities; 5. To schedule overtime work (subject to Article 10) in a manner most advantageous to the County and the citizens of Cowlitz County; 6. To transfer (subject to Section 8.5), assign and /or distribute work to or among other bargaining unit, non - bargaining unit and /or non - employees; 7. To establish, revise and implement standards for quality and quantity of work, public and public employee safety, and related aspects of employment and operations; To manage and direct the work force including, but not limited to, the right to determine the methods, processes and manner of performing work; fitness for duty; the right to supervise, transfer or assign employees; and the right to dispose of, purchase, and/or assign equipment or supplies; To take such action as may be necessary to carry out services in extraordinary circumstances or emergencies without regard to seniority provisions of this Agreement. 8.3 Employer Policies and Rules. Employer may from time to time establish, change and /or withdraw such work and safety policies and rules as it deems necessary or appropriate including, but not limited to, policies and rules governing attendance, federal and state family leaves, personal appearance, performance evaluations, code of conduct, conflicts of interest, visitors, outside employment, smoking, gratuities, loans and gifts, confidentiality and confidential information, alcohol and drugs (but any form of testing shall be based upon individualized reasonable suspicion), and use of vehicles on Employer business. Employer will provide the Association with copies of such policies and rules (or any changes) at least fourteen (14) calendar days prior to implementation, but the Association shall be provided the opportunity to discuss and provide input prior to implementation. The Association may request such opportunity at any time within the fourteen (14) calendar days, and the meeting shall be held within fifteen (15) calendar days of the request. Employer shall delay implementation until after the meeting unless earlier implementation is mandated by federal, state or local legislation or regulations. The Association shall have ten (10) calendar days after implementation to file a grievance at Step 2 of the Grievance Procedure if it believes any such policies, rules or changes are unreasonable or inconsistent with any specific provision of this Agreement. 8.4 Use of Excluded Employees. Nothing in this Agreement prohibits bargaining unit work from being performed by nonbargaining unit employees or (in emergency situations) unpaid volunteers, provided it does not cause the layoff of any bargaining unit employee, and such persons shall not become subject to the terms and conditions of this Agreement. It is expressly understood and agreed that this includes, but is not limited to, assigning a supervisory employee to perform dispatch duties for purposes of relief for breaks and meal periods. 8.5 Transfers of Work. Employer will have the exclusive right to determine if and when it is necessary or desirable to transfer (assign, reassign, contract out, subcontract, lease, etc.) work or operations which are or might otherwise have been covered by this Agreement, provided that except in extraordinary or emergency circumstances Employer will give the Association at least thirty (3 0) calendar days' advance notice of the effective date of any such action. Upon request within seven (7) calendar days after the Association's receipt of the notification, the parties will meet to negotiate any effect of the transfer on bargaining unit employees. If the parties do not reach agreement within thirty 3 0) calendar days of that meeting, an otherwise eligible employee whose position is eliminated or straight -time hours reduced by such actions will have the layoff and recall rights established in 0 Section 23.3.1. The notice provisions of this section shall not apply in the event of any strike, work stoppage, sick -out, slowdown or other disruption or restriction of work and Employer shall have the exclusive right to determine if and when it is desirable to transfer work or operations of any kind and to do so for any period of time and on such terms as it deems appropriate, and no alleged violation of this right will be subject to Article 4. ARTICLE 9 WAGES, OVERTIME AND OTHER COMPENSATION 9.1 Wage Rates. a. Wage rates shall be as set forth in Appendix A, and hours worked shall be paid in hundredth -hour increments, and will be calculated as follows: Minutes Time Accrued/ Charged Minutes Time Accrued/ Charged Minutes Time Accrued/ Charged 1 -4 0 23 38 42 70 5 08 24 40 43 72 6 10 25 42 44 73 7 12 26 43 45 75 8 13 27 45 46 77 9 15 28 47 47 78 10 17 29 48 48 80 11 18 30 50 49 82 12 20 31 52 50 83 13 22 32 53 51 85 14 23 33 55 52 87 15 25 34 57 53 88 16 27 35 58 54 90 17 28 36 60 55 92 18 30 37 62 56 93 19 32 38 63 57 95 20 33 39 65 58 97 10 21 35 40 67 59 98 22 37 41 68 Employees shall report time worked or accrued time used in minutes starting at 5 minutes; for example, 8 hours, 5 minutes"; "8 hours, 8 minutes"; "4 hours, 23 minutes"; etc., and it shall be converted by the Department to hundredths of an hour prior to submission to Payroll. 9.2 Temporary or Permanent Wage Rate Adiustments. 9.2.1 Step Assignments and Increases. New employees normally will begin at the trainee rate and will remain at that rate until the supervisor and trainer determine that the employee is ready to move to Step 1 or Step 2. On the first of the month following one (1) full year from date of hire or after the employee completes their training (whichever date comes last) the employee shall advance to the next step and continue to advance to the next step each year thereafter until they have reached Step 5. Employer may initially (or after completion of the probationary period) place a new hire with relevant experience at such step of the progression as it deems appropriate. 9.2.2 Promotions. A promotion is defined as an employee's permanent reclassification or reassignment to a job classification with a higher minimum salary. A promoted employee will receive the greater of the minimum salary of the higher classification or a five- percent 5 %) increase, provided a five- percent (5 %) increase is no greater than the top step of the new classification. 9.23 Temporary Assignments. Employees who are temporarily assigned to a job classification with a higher minimum salary will receive the greater of the minimum salary of the higher classification or a five- percent (5 %) increase, provided a five - percent (5 %) increase is no greater than the top step of the new classification. This provision shall only apply to hours worked, and not to vacation, sick leave or holidays occurring during the temporary assignment. A temporary assignment to a lower job classification shall cause no change in salary. 9.2.4 Demotions. A demotion is defined as an employee's permanent reclassification or assignment to a job classification with a lower minimum salary. An employee who is demoted will move to the step in the new range closest to the salary of the job held prior to demotion. 9.3 Overtime. 9.3.1 Daily Overtime. An employee will be compensated at the rate of time and one -half the employee's regular straight -time rate of pay for authorized hours worked in excess of their regular shift in the employee's designated workday. All overtime must be authorized by the Department Director or designee. The workday for all employees will be the twenty -four- (24 -) hour period beginning at the employee's scheduled start time. Daily overtime shall be paid in the same manner as time worked (see Section 9. La). 11 9.3.2 Weekly Overtime. An employee will be compensated at the rate of time and one -half the employee's regular straight -time rate of pay for authorized hours worked in excess of forty (40) hours in the employee's designated workweek. All overtime must be authorized by the Department Director or designee. The workweek for all employees will be the seven- (7 -) day period beginning at 12:01 a.m. Sunday and ending at 12:00 a.m. (midnight) on the following Saturday. 9.3.3 Holiday Work. An employee who is scheduled or requested to work on the day any recognized holiday is observed under Section 14.2 will receive one and one -half times his /her regular hourly rate for all hours worked. 9.3.4 Compensatory Time Option. An employee may elect to accrue any hours required to be paid at an overtime rate as compensatory time off at the time and one -half rate to a maximum accrued balance of fifty (50) hours, to be scheduled (in accordance with Fair Labor Standards Act requirements) at a time mutually approved by the employee and the Department Director or designee, and to be used in one - hundredth- (1 /100 -) hour increments, and will be calculated and reported in the same manner as Section 9.1. At the time of the overtime when the employee selects the compensatory option the employee will be subject to the restrictions that an employee may not accrue more than a total of fifty (50) hours of compensatory time at any time under any circumstances. Whenever an employee works any overtime that would result in the employee's exceeding a total of fifty (50) hours of accrued compensatory time, the employee shall be paid for that overtime at the overtime rate (as provided by applicable federal and state laws), whether or not the employee had advance notice of the amount of compensatory time the employee had accrued. 9.4 Transfers. A transfer is defined as an employee's movement from one job classification to another job classification with the same minimum salary. An employee's salary will not change as the result of a transfer. 9.5 Shift Work. All employees who are assigned the swing shift schedule will receive an additional forty cents ($.40) an hour for all hours worked, and all employees who are assigned a graveyard shift schedule will receive an additional sixty cents ($.60) an hour for all hours worked. 9.6 Call -In Pay. An employee who has called in from home (or similar location) to begin work prior to his/her scheduled starting time, or to return to work after completing a full shift, will be guaranteed a minimum of four (4) hours' straight -time pay from the time the employee reports to work; provided such call in is approved by the Department Director or designee. This provision does not apply when the employee elects to waive the four- (4 -) hour minimum or either comes in early or works over the regular shift as long as there is no break in service in excess of thirty (30) minutes. 9.7 Callout Pay. An employee who is responsible for callout in an overtime situation involving an employee who calls in sick or for qualifying bereavement leave will receive the greater of Five Dollars ($5.00) per callout or additional pay of One Dollar ($1.00) per hour for the duration of the time spent doing the callout. 12 9.8 Staff Meetings and Training. An employee attending a mandatory staff meeting or training activity shall be paid for all such hours that are compensable under federal and state wage and hour laws at the employee's regular straight -time hourly rate, unless otherwise required by law. An employee who attends such meeting or training while not on duty or in excess of a twelve (12) hour work day shall be paid at the employee's overtime rate for the greater of two (2) hours' pay or the actual number of hours spent in the activity (two hour minimum); however, this two- (2 -) hour minimum shall not apply to an employee who is not working a twelve (12) hour shift and whose scheduled work shift begins or ends within fifteen (15) minutes of the commencement or conclusion of the activity, but an off -shift employee will also be paid for the 15 minutes' waiting time. 919 Trainer Pay. The Dispatcher or Records employee assigned as the trainer of a new employee by the Departmental Director or designee will receive an additional Two Dollars ($2.00) an hour if the trainer is a Certified Training Officer (CTO) as determined by the Department Director or designee for each full hour spent performing those duties. All trainers of new employees who are not a CTO will receive an additional One Dollar and fifty cents ($1.50) for each full hour spent performing those duties. 9.10 Lead Pay. Lead employee(s) will receive an additional 5% above current salary. The selection of Lead employees and their continued service will be at the County's discretion. 9.11 No Duplication or Pyramiding. Except for purposes of calculating an employee's hourly rate for overtime purposes (when the highest rate required by federal or state wage and hour laws shall be used), an employee who qualifies for pay under two or more provisions of this Article 9 and/or any of the other provisions of this Agreement shall be paid as required under each of those provisions. However, under no circumstances other than any required by federal or state wage and hour laws will the same hours be counted twice, directly or indirectly, for overtime purposes. ARTICLE 10 HOURS OF WORK - GENERAL 10.1 Workday. Except as provided in Appendix D and E, the normal hours of work for regular full -time employees schedule will consist of an twelve (12) -hour, ten (10) -hour, eight (8)- hour or four (4) -hour days that total forty (40) -hours in the designated workweek with a one -half (1/2) hour paid lunch. All employees with a paid lunch shall remain in the department, including any smoking areas so designated by the department, shall return to work if requested to do so, and shall not receive additional compensation for doing so. Upon the mutual agreement of the County and the Association, the parities shall meet to discuss the implementation of an alternate work schedule. 10.1.1 One Hour Gaps. Any employee who has a gap of one hour or less between stop and start times will be paid for that time whether voluntary or mandatory and the employee will work the one hour or less. Article 9.6 Call -in pay does not apply. 10.2 Schedule Changes. The County retains the right to schedule hours of work within the employee's designated workweek including, but not limited to, starting and stopping times, 13 days - on/days -off sequences, rotation of shifts and days off, frequency of changes, and the creation of overlapping shifts. Except in cases of emergency or situations beyond the County's control, the County will notify the employee and the Association at least seven (7) calendar days prior to the effective date of any change, and will consider any employee or Association suggestions or objections received prior to the announced effective date. 10.3 Rotational Shift Trades. Each employee in dispatch may initiate two rotational" shift trades per year with adequate advance notice and the approval of the Department Director or designee, provided that the shift trade does not result in any additional cost to the County. Employees will work the same number of scheduled hours as reflected on the posted yearly schedule. Employees in Records are not limited in number of rotational shift trades. DISPATCH 10.4 Work Schedules. In order to assist in the orderly scheduling of employees by seniority, management will give the senior person a list of all available days off (which determine the work schedule) by September 1. The senior person (and each subsequent employee) will have up to two of their working days to select a work schedule, and will then pass the schedule on to the next most senior person to do the same so that the days off selection may be completed by September 30. Selected schedules will begin the following January. Employees in training status shall not participate in the days off and /or vacation selection process. Only when released from training status shall they select days off or vacation. 10.5 Scheduled Overtime. Vacancies known and posted per management seven (7) days or more in advance will be considered scheduled posted overtime and will be given out on a seniority basis. Employees offering to fill a vacancy must advise (by specifically indicating on the posting) if they are offering to cover four (4), six (6), or eight (8) hours or twelve (12) hours. Time is awarded by seniority in four (4) hour blocks of time first to the most senior fulltime employee then part time employees. Vacancies known less than seven (7) days in advance will be filled by the using procedures established in Section 10.8 below, and the same rules and exemptions will apply as outlined in Section 10.9 below. Scheduled overtime will be posted by the 20`}` of every month whenever possible. 10.6 Voluntary and Mandatory Call -Out List. The volunteer list shall be composed of a page for each employee , and shall begin with the most senior person being page 1, the next most senior being page 2, etc., with the last page being the least senior. As a volunteer accepts assignment, their page is filled out and moved to the back of the book. Volunteers shall be called in the page order of the book at the time of the callout. Once a vacancy is filled, the calling stops and the volunteer's page is moved to the back of the book (unless the time volunteered is two (2) hours or less). The mandatory list shall be composed in the same fashion as the volunteer list but with the least senior employee who has completed training to be placed to the front of the mandatory book. Persons called from the mandatory list will be expected to report to work as requested. Failure to do so may result in disciplinary action. In the event the vacancy cannot be filled by the end of the on -duty employees' shift, the first on -shift employee who comes up in the mandatory rotation book shall be required to hold over -until the relief has arrived. Any period of mandated time will cause the page to be rotated. 14 10.7 Procedure for Filling Vacancies of Less Than Three Days But More Than Eight (8) Hours. Step 1. If a Dispatcher assigns the Dispatcher's own overtime vacancies arising in less than three 3) days, the voluntary callout book will be used. The Dispatcher will be required to call or personally contact each Dispatcher in their page order in the book. If unable to contact someone, the Dispatcher makes a note on their page and then goes on to the next person. The Dispatcher must mark every page of the voluntary book up to and including the page of those who volunteered. The pages must then be rotated to the back of the book. If the first volunteer wants all eight (8) hours of an eight (8 -) hour vacancy, the volunteer can be awarded all eight (8) hours. However, if the first volunteer only wants four (4) hours, then the remaining hours are given out by continuing through the voluntary book. Step 2. If a Dispatcher will be assigning the Dispatcher's own overtime vacancies that will not arise for three (3) or more days, the Dispatcher may post the overtime by leaving e -mail for all other Dispatchers. The e -mail must include posting date, hours and dates of needed coverage and closing date. After three (3) days, the Dispatcher must review the responses and assign the overtime using the voluntary book (a Dispatcher attempting to cover their own replacement time such as comp time, may not use the mandatory book). It is the Dispatcher's responsibility to ensure that everyone had the opportunity to respond for example, a Dispatcher on days off since the posting or on days off who is just concluding vacation time) to the posting. A Dispatcher who does not have the opportunity to respond must be called at home. If the Dispatcher is unable to make contact with someone, note on their page the attempt to contact them and then go to the next person. The closing date must be at least three (3) days after posting date or the Dispatcher is required to do a callout following the procedures in Step 1 above. 10.8 Procedure for Filling working an alternate work schedule. A Vacancy Due to Call In or Other Time Off Which Must Be Assigned in Less than Eight 8) Hours. Step 1. Overtime will be limited to four (4) hours in addition to a regular shift, except when working an alternate work schedule. See appendix D. Step 2. Dispatchers on shift prior to the vacancy shall be asked first, in page order in the voluntary book. Dispatchers from the shift following the vacancy are then called, again offered in page order of the voluntary book. Step 3. If no volunteer is obtained at Step 2, the volunteer list will be used. (Dispatchers contacted in Step 2 are not to be called again unless for mandated overtime). Step 4. If no volunteers are obtained at Step 3, the mandatory list will be used. 15 10.9 Overtime Callout Procedures and Exemptions. Except during the hours of 2300 -0600, eallouts are to begin immediately upon notification of a vacancy. During the hours of 2300 -0600, the callout shall not be made more than three (3) hours prior to shift starting time. Employees on vacation, sick leave, bereavement leave, or comp time shall be exempt from Sections 10.7 and 10.8, and employees who have not had at least twelve (12) hours off between shifts (except for employees on the list who are working at the time of the callout and therefore can volunteer or be mandated to stay over) shall be exempt from mandated overtime. 10.10 Use of Unscheduled Time Off. All paid time off other than vacations, sick and bereavement leave shall be considered unscheduled time off. Unscheduled time off must be approved by the Department Director or designee, cannot be requested more than thirty (3 0) days prior to the date(s) requested and shall only be granted when the requesting employee has obtained a replacement through the procedure described in this Article, except that mandatory callout shall not be utilized for this purpose. Approval or disapproval will be given within seventy -two (72) hours. No unscheduled time off will be approved prior to all posted overtime being assigned, and no unscheduled time off will be approved if another employee has been mandated for the same hours as the requested unscheduled leave. If there is no posted overtime for the date requested, time off shall be approved, once the employee has obtained a replacement through the procedure described above and in Appendix D. RECORDS (except as provided in Appendix E) 10.11 Callout Responsibility. All callouts will be given to the most senior employee on duty to be done. If the most senior refuses then the next most senior is asked and so on until someone agrees to do the callout. If no one will do the callout, then the most senior employee is required to do so. If the callout is not finished by the end of the shift, the responsibility passes on to the most senior employee on the incoming shift. 10.12 Work Schedules. Records will post work schedules by September 1st, with a shift rotation approximately every six (6) weeks moving forward from day to swing to graveyard, and with days off backing up by one (1) day. Upon a two- thirds (2/3) vote by employees, employees may elect to shuffle teams by Julyl. Members may, at their discretion, trade teams for up to one year, or days off, or trade shifts when it can be shown that such trade can be implemented without significant adverse effects or cost to the County. Employees in training status shall not participate in the days off and/or vacation selection process. Only when released from training status shall they select days off or vacation. 10.13 Voluntary Overtime Callout Procedure. An employee requesting time off must complete a time -off slip and turn it into the Director or designee. On or about the first (1st) of each month the Director shall post the following month's overtime to be filled by using the overtime book. a. Someone calls in sick. The person assigned responsibility for the callout starts with the first person in the voluntary callout book, proceeding in sequence until someone volunteers for the coverage. That person then goes to the back of the book, unless less than four (4) hours is taken (in which event the page does not move from its position). If no one volunteers for a full shift, the procedure is repeated (from the start of the book) seeking volunteers for half shifts. If no one volunteers 16 for half shifts, or only one -half of the shift can be filled, the mandatory list (Section 10.13) shall be utilized. b. Vacation/comp time (scheduled and unscheduled). The Director posts all available overtime on the board and the volunteer book is utilized. The book is placed on the counter below the posted overtime. As each employee comes in, he /she looks to see who is next and if his /her name is up, he /she signs up for a day or passes. The employee has up to two (2) of their working days to sign up or pass the overtime opportunity. If he /she signs up for a day, he /she moves to the back of the book. Each item posted is dated, the overtime posted first has to be covered first with the exception of an emergency, i.e., sick leave, bereavement leave, or if the time off is coming up quickly, etc. Bereavement will be treated the same as time off coming up quickly, except the mandatory list shall be used if no one volunteers). If it is scheduled time off and there are no volunteers, or only half the shift can be filled with voluntary callouts, the mandatory list shall be utilized. If a note is on the employee's page to take overtime or to pass on overtime, the overtime list and the voluntary book will be appropriately noted and the employee will be moved according to procedure. C. Time off coming up quickly. If the time or block of time to be filled is coming up within the next seventy -two (72) hours, the voluntary callout book shall be utilized. If the voluntary book is already being used for other overtime, place a marker on this page to hold up on that overtime and start from the beginning. If the callout for the time off is already in progress, continue from that point forward and do not start over. If someone is called and a message is left, that person has a full eight- (8 -) hour shift to respond unless time off is within sixteen (16) hours. If there is sixteen (16) hours or less before the shift is to be filled, then the person will have to be passed. If no one will volunteer for full or half shifts, a person requesting unscheduled time off will be denied the time. 10.14 Mandatory Overtime Callout Procedure. The mandatory list is compiled from a list of all employees starting with the least senior and so on. If a new employee is hired, he /she will be added to the bottom of the list so that his /her training will be completed before he /she can be mandated. Mandatory will be limited to four (4) hours in addition to a regular shift. If the mandatory falls on the employee's day off, the full eight (8) hours will have to be taken unless only four (4) hours is available or there is not at least twelve (12) hours in between shifts. If the employee wants the full eight (8) hours in addition to a shift or on a day off and an employee has volunteered for four (4) hours, the voluntary employee can be called and asked if the mandatory person can have the full eight (8) hours. If the voluntary person approves this, the full eight (8) hours will still be at mandatory status. If the voluntary person declines the request and still wants the voluntary time, the mandatory person will work the four 4) hours only at mandatory status. When the mandatory overtime list has been implemented, the sheet of the employee being mandated is not moved in the voluntary book as this is not by choice. After the employee has done the mandatory time, that employee is placed at the bottom of the list and the date and reason is listed next to his/her name. 10.15 Overtime Callout Procedures and Exemptions. Callouts are to begin immediately upon notification of a vacancy. Records employees shall be permitted to work sixteen - 16-) hour shifts with their agreement. Employees on vacation, sick leave, bereavement leave, or comp 17 time shall be exempt from Sections 10.12 and 10.13; also employees not on shift at the time of callout who have not had at least twelve (12) hours off between shifts shall be exempt from mandated overtime. 10.16 Use of Unscheduled Time Off. All paid time off other than vacations, sick leave and bereavement leave shall be considered unscheduled time off. Unscheduled time off must be approved by the Department Director or designee. Requests may be scheduled at any time, but approval is not guaranteed or final until the requests have been signed by the Department Director or designee and returned to the employee. If there is no posted overtime for the date requested, time off shall be approved. F\u aCIL IxiI I 1.7[]IxY \117:ti \:9 Meal periods and breaks will be provided in compliance with WAC 296 -126 -092, or any superseding provision of Washington law. ARTICLE 12 INSURANCE COVERAGE AND 13ENEFITS 12.1 Eligibility and Plans. Employer agrees to provide group health and dental insurance coverage and life insurance coverage in the amount equal to annual salary rounded to the next highest $1000 for all full -time employees and (except for life insurance) their eligible dependents. 12.2 Coverage. Eligible employees desiring group health, dental or life insurance coverage must sign up for coverage during the periods and according to the procedures established by the plans. 12.3 Premiums. Effective January 1, 2017, Employer agrees to pay up to one thousand three hundred fifty dollars ($1,350.00) toward the cost of the monthly premium for eligible employees for the plans described in Section 12. 1, with the excess amount to be paid by the employee through payroll deductions. For any option that the monthly premium is less than $1,350, the County will pay the total amount of that monthly premium option. Premiums for each type of health care plan type can be split between the employer and employee as determined by the employer. Effective January 1, 2018, Employer agrees to pay up to one thousand four hundred dollars ($1,400.00) toward the cost of the monthly premium for eligible employees for the plans described in Section 12. 1, with the excess amount to be paid by the employee through payroll deductions. For any option that the monthly premium is less than $1,400, the County will pay the total amount of that monthly premium option. Premiums for each type of health care plan type can be split between the employer and employee as determined by the employer. In the event the lowest cost plan decreases, or the cost of dental plan premiums decrease, Employer's contribution will decrease by ninety -five percent (95 %) of the amount of the decrease. In no event will Employer's contribution ever exceed the total cost of health, dental or life insurance premiums. 18 12.4 Disputes. All disputes, complaints and questions, and any and all other issues arising out of or in any way connected with the underlying insurance policies or plans or their interpretation or administration shall be exclusively resolved in accordance with the underlying plan procedures and ERISA, and shall not be subject to Article 4 of this Agreement. 12.5 Continuation of Insurance. Except as otherwise required by law, Employer will continue paying its normal share of the cost of premiums for health insurance coverage for the balance of the month in which an employee suffers an accepted on-the-job injury or illness and/or begins a leave of absence qualifying under the federal Family and Medical Leave Act, and for up to a cumulative total of three (3) additional month(s) in any eighteen- (18 -) month period, regardless of the number or type of such injuries or illnesses or leaves. 12.6 Unpaid Time Off. Except as provided in Section 12.5, Employer's share of premium costs will be prorated in any month in which an employee has any unpaid time off. ARTICLE 13 VACATION 13.1 Eligible Employees. All employees are eligible to earn paid vacations. 13.2 Vacation Accrual Rates. 13.2.1 Vacation Accrual. Eligible employees accrue and/or earn vacation at the rate of eight (8) hours for each continuous month of completed service after the last day of the month. 13.2.2 New Hires. New hires who are placed on the payroll on or before the fifteenth (15th) day of the month and actually work continuously through the last day of the month will accrue the full eight (8) hours for that month. New hires hired after the fifteenth (15th) will have no accrual for that month. Accrued vacation time for new hires does not become usable or payable until the employee has accumulated six (6) months of vacation accruals. 13.2.3 Rehired Employees. All employees who have terminated employment with Employer, voluntarily or involuntarily, and thereafter are rehired shall be treated the same as a new hire under Section 13.2.2. This provision shall not apply to an employee involuntarily terminated as a result of a layoff and rehired within one (1) year of the separation, and any such employees shall be reinstated (for vacation accrual purposes only) to their prior years of service in effect at the time of the layoff and shall be allowed to use time as it is accrued. 13.2.4 Maximum Vacation Accruals. Earned vacation may be accumulated up to a maximum of two hundred forty-eight (248) hours and shall be paid when an employee leaves the employment of Employer. If the employee is unable to take vacation leave due to the work requirements of the Department, the employee will be allowed to request a deferral (in writing) of such leave for a time set certain. The Director and Board of County Commissioners will review such requests for approval. 19 13.3 Schedulims of Accrued Vacation. Vacation leave requested before December 31 will be approved and granted by seniority within a department. In order to assist in the orderly requesting of time off, a vacation schedule for the following year will be given to the senior person by November 1 of the preceding year. Step 1 — Each employee will have up to two (2) of their working days to select up to two (2) weeks eighty (80) hours) of annual leave in up to forty- (40 -) hour blocks. Employees with 20 consecutive years or more of service within the Department on January 1St of each year will have up to two (2) of their working days to select up to three (3) weeks (120 hours) of annual leave in up to forty (40) hour blocks of time. The third (3rd) week cannot include any days in the months of June, July, or August on the initial selection. The vacation schedule must pass on to the next most senior employee until the selection process is complete. Step 2 — After step 1 is completed, the selection process then starts over (second round) with the senior person with 20 or more consecutive years of service within the Department on January 1St of each year will have up to two (2) of their working days to select up to another one (1) week and two (2) days of annual leave in up to forty (40) hour blocks. Employees with less than 20 consecutive years of service within the Department on January 1" of each year will have up to two (2) of their working days to select another up to two (2) weeks (80 hours) of annual leave in up to forty (40) hour blocks. The entire forty (40) hour block does not have to be used, but the block will still be counted towards the employee's choice. Forty- (40 -) hour blocks do not have to be consecutive blocks but must be consecutive days. Any forty- (40 -) hour block leave requests that are subsequently canceled (dispatch employees only, sixty (60) days prior to the scheduled vacation) will be posted and the next least senior employee to the canceler shall have first right to the canceled vacation. 13.4 Bonus Vacation Days. Bonus vacation days shall be granted to the employees and credited to their account on their anniversary date of employment as follows: Number of Consecutive Years of Employment Completed Vacation Hours Bonus Hours Total Hours 1 96 8 104 2 96 24 120 3 96 32 128 4 96 32 128 5 96 40 136 6 96 40 136 7 96 40 136 20 Number of Consecutive Years of Employment Completed Vacation Hours Bonus Hours Total Hours 8 96 40 136 9 96 40 136 10 96 48 144 11 96 56 152 12 96 64 160 13 96 64 160 14 96 72 168 15 96 72 168 16 96 80 176 17 96 80 176 18 and over 96 88 184 Bonus hours will be paid on a pro rata basis to employees who separate on other than their anniversary date. 13.5 Payment of Earned Vacation. Employees (or, in the event of death, the employee's estate) who separate from employment will be paid for all earned vacation time up to the maximum established in Section 13.2.4. 13.6 Calculation of Vacation Time and Pay. Except as otherwise allowed by law, earned vacation must be used in one - hundredth- (1 /100 -) hour increments to be calculated and reported in the same manner as Section 9.1, with the number of hours in their assigned shift for that day to be charged for each full day's absence. Eligible employees will receive pay at their regular hourly rate at the time the vacation is taken (or cashed out under Section 13.5) for the number of vacation hours used. ARTICLE 14 HOLIDAYS 14.1 Eligible Employees. All employees are eligible to earn paid holidays. 21 14.2 Recognized Holidays. Employer recognizes the following paid holidays on the date specified for eligible employees: New Year's Day (January 1) Martin Luther King Day (third Monday in January) Washington's Birthday (third Monday in February) Memorial Day (last Monday in May) Independence Day (July 4) Labor Day (first Monday in September) Veterans' Day (November 11) Thanksgiving Day (fourth Thursday in November) Day after Thanksgiving Christmas Day (December 25) 14.3 Floating Holiday. In addition to the holidays recognized under Section 14.2, eligible employees will also receive one (1) floating holiday starting in the calendar year in which the employee completes the probationary period and shall earn one (1) floating holiday as of January 1 of each calendar year thereafter. After ten (10) years of service, an employee shall receive two (2) floating holidays on January 1 of each year. Floating holidays are to be scheduled in the same manner as a vacation day, must be used in the year credited, cannot be carried over or accumulated under any circumstances, and any unused floating holidays are not paid out upon any separation from employment. 14.4 Holiday Pay Rate. There is no compensatory time option for any type of holiday pay. Employees Whose Schedule Requires Them to Work the Day a Holiday is Observed: Employees Who Work the Full Scheduled Shift These employees receive holiday pay at time and one -half for all hours worked in addition to regular pay. Employees Who Work Only Part of the Scheduled Shift These employees receive holiday pay for hours worked at time and one -half in addition to the regular pay. Time not worked on the holiday is considered "holiday off' and the employees bank (comp, sick or vacation) is not charged. Employees Who Do Not Work Any Part of the Scheduled Shift These employees receive the regular pay and the time not worked is considered "holiday off' and the employees bank (comp, sick or vacation) is not charged. 22 Employees Whose Schedule Does Not Require Them to Work the Day a Holiday is Observed: These employees receive eight (8) hours of holiday pay at straight time. Overtime" Work on the Day a Holiday is Observed: Since overtime and/or premiums are not compounded or pyramided, these employees would receive time and one -half for any overtime hours worked on the day a holiday is observed. ARTICLE 15 SICK LEAVE 15.1 Eligible Employees. All employees are eligible to earn paid sick leave. 15.2 Sick Leave Accrual Rates. 15.2.1 Sick 14.5 Holiday Accrual. Eligible employees accrue sick leave at the rate of Pay of completed service after the Rate. Holiday pay will be prorated in any month in which an employee has any unpaid time off. ARTICLE 15 SICK LEAVE 15.1 Eligible Employees. All employees are eligible to earn paid sick leave. 15.2 Sick Leave Accrual Rates. 15.2.1 Sick Leave Accrual. Eligible employees accrue sick leave at the rate of eight (8) hours for each continuous month of completed service after the last day of the month. 15.2.2 New Hires. New hires who are placed on the payroll on or before the fifteenth (15th) day of the month and actually work continuously through the last day of the month will accrue the full eight (8) hours for that month. New hires hired after the fifteenth (15th) will have no accrual for that month. Accrued time for new hires is usable upon accrual. 15.2.3 Rehired Employees. All employees who have terminated employment with Employer, voluntarily or involuntarily, and thereafter are rehired shall be treated the same as a new hire under Section 15.2.2. An employee involuntarily terminated as a result of a layoff and rehired within one (1) year of the separation shall also have his/her former sick leave bank restored if the employee did not receive any payment for sick leave at the time of separation. 15.2.4 Maximum Sick Leave Accruals. Earned sick leave may be accumulated up to a maximum of twelve hundred (1200) hours. 15.3 Scheduling Sick Leave. An employee who knows in advance that he /she will be using sick leave (for example, for surgery, maternity, treatment of an injury, etc.) shall give the Department Director or designee notice as soon as the need is known. An employee who experiences an unforeseen need to use sick leave shall give the notice as soon as the need is known. 15.4 Use of Sick Leave. Sick leave must be used in one - hundredth- (1 /100 -) hour increments, and will be calculated and reported in the same manner as Section 9. 1, with the total number 23 of hours of the employees scheduled shift to be charged for each full day's absence. Sick leave cannot be used until it has been accrued and may be used, charged and compensated only for periods of absence falling within the employee's normal scheduled work hours, and only for the following reasons: a. Any period of nonoccupational disability, including one caused by pregnancy, miscarriage, abortion or childbirth, incapacitating the employee from performing one or more of the essential functions of the employee's regular job; b. Any period of occupational disability incapacitating the employee from performing one or more of the essential functions of the employee's regular job, provided that only such sick pay can be used as is necessary, when added to the amount of any state industrial insurance time - loss payments, to bring the employee's pay to one hundred percent (100 %) of normal straight -time earnings. An employee who opts not to use sick leave in this manner shall so state in writing to the department payroll person by the twentieth (20th) of the month, and such option is irreversible after the twentieth (20th) of the month; C. Any exposure to contagious disease that would jeopardize the health of coworkers and /or the public; d. The employee's own (or that of any child under age 18 or any spouse or older child who is disabled or incapacitated and requires the employee's assistance) medical or dental appointments or treatment that cannot reasonably be scheduled outside of normal working hours; and e. Illness, injury, impairment, or physical or mental condition of a member of an employee's immediate family requiring the presence of the employee. "Immediate family" will have the meaning established in Section 21.1. An otherwise eligible employee may not use sick leave to cover time missed when Employer had work available (for example, modified or light -duty work) and/or offered an accommodation which would allow the employee to perform the essential functions of the job which the employee refused to accept, provided the work was compatible with the employee's current medical restrictions. Employees qualifying for the use of sick leave must use accrued sick leave prior to going on unpaid status. Misuse or abuse of sick leave will be grounds for disciplinary action, up to and including termination. 15.5 Pay in Lieu of Sick Leave. Except those "grandfathered" employees identified in Appendix C, an employee with more than two (2) years of service who separates from employment shall be compensated for one hundred percent (100 %) of the sick leave accrued in the last two (2) years of service plus one -half (1/2) of the accrued and unused sick leave minus one hundred ninety -two (192) hours to a maximum of three hundred and sixty (360) hours. An employee with less than two (2) years of County employment will be compensated for one -half (1/2) of the accrued and unused sick leave. 15.6 Sick Leave Pay Rate. Eligible employees will receive pay at their regular hourly rate at the time the sick leave is taken (or cashed out under Section 15.5) for the amount of earned sick 24 leave used, to be calculated and reported in the same manner as Section 9.1, with eight (8) hours to be charged for each full day's absence or the actual number of scheduled work hours. 15.7 Use of Accrued Sick Pay Leave. If an employee has exhausted sick leave, vacation leave may be used as sick leave, but sick leave may not be used as vacation leave. If an employee is on vacation leave and the employee would otherwise be eligible to use sick leave under Section 15.4, the employee may change vacation leave to sick leave for those days/hours. 15.8 Sick Leave Donations. The Department Director or designee may allow an employee to receive annual leave or sick leave donated by other County employees if: a. The employee has a need for five (5) or more days that would qualify under sick leave usage, which is of an extraordinary or severe nature and which has caused, or is likely to cause, the employee to go on leave without pay status or terminate employment; b. The employee has depleted or will shortly deplete his or her annual and sick leave reserves; C. The employee's absence and use of donated leave are justified; d. The employee has abided by all rules regarding sick leave use; e. The employee has been found to be ineligible for time -loss benefits under any form of disability plan, including workers' compensation; an f The employee has been employed by Employer for one (1) consecutive year. Leave shall be donated on an hour- for -hour basis and no monetary value shall be attached, regardless of the pay rates of the donor(s) or recipient. Upon the recipient's return to work, and to the extent administratively feasible, any unused donated time will be returned to the donor (or on a pro rata basis if multiple donors). ARTICLE 16 PERSONAL LEAVE 16.1 Elieibility. Regular employees are eligible for an unpaid personal leave of absence for up to a cumulative total of sixty (60) calendar days in any eighteen- (18 -) month period. Among the factors which determine whether a leave will be allowed are the reason for the request; the employee's overall length of service; the employee's performance, safety, and disciplinary (including any discipline for attendance, tardiness or call -in problems) history and /or records; any previous leaves of absence (and the length/purpose of such leaves); the employee's job and pending (or projected) job assignments; the employee's commitment to return to work immediately following the leave; the availability of a temporary replacement; and the potential impact on Employer. 0 16.2 Application for Personal Leave or Extensions. The Department Director or designee may grant unpaid personal leave for up to five (5) days, but unpaid personal leave for longer periods or extensions of five- (5 -) day personal leaves must be requested from the Director of Personnel. Extensions must be requested prior to the expiration of the original leave and must be deemed appropriate under the standards set forth in Section 16.1. 16.3 Pav and Benefits. Personal leaves are unpaid, and employees must exhaust all accrued and available sick leave (if otherwise eligible to use it) prior to going on unpaid status. No new benefits accrue while an employee is on unpaid personal leave. 16.4 Reinstatement. All requests for reinstatement after a leave exceeding five (5) days must be made to the Director of Personnel. An employee returning from personal leave will be eligible for the first available position within the employee's classification. Returning employees shall have no right to displace regular employees. ARTICLE 17 FAMILY AND PARENTAL LEAVES OF ABSENCE 17.1 Eheibility. All eligible employees will be granted family leave in accordance with any applicable state and/or federal law. An employee not eligible for family leave under such law may apply for personal leave under Article 16. 17.2 Pay and Benefits. Family leaves are unpaid, and an employee may designate the order in which any accrued and available paid time off may be used by notifying the department payroll person prior to the payroll cutoff date, but employees are required to exhaust all accrued and available sick leave (if otherwise eligible to use it) prior to taking unpaid time off. Employees who qualify for workers' compensation time -loss payments may (but are not required to) use any available sick leave to supplement such payments as allowed by Section 15.4. No new benefits accrue while an employee is on unpaid family and parental leave. 17.3 Reinstatement. All requests for reinstatement must be made to the Director of Personnel according to the statutory procedures and time limits, and reinstatement shall be as required by law. ARTICLE 18 DISABILITY LEAVES 18.1 Eli ibili . All employees are eligible for a disability leave of absence for recovery from bona fide disabling on- or off -the -job illnesses or injuries. Except as otherwise allowed by law, disability leaves are limited to a cumulative total of six (6) months in any eighteen- (18 -) month period. This includes all on- and off -the -job illnesses, injuries and conditions, including the period of time a woman is disabled because of pregnancy, childbirth, or related medical conditions or occurrences, as well as any leave granted under Article 17. 26 18.2 Rules Governing Disability Leaves. Except as otherwise allowed by an applicable law: a. Disability leaves must be requested in writing and must be approved by the Director of Personnel. b. All disability leaves are conditioned upon furnishing satisfactory medical proof within ten (10) days of the initial absence and every thirty (3 0) calendar days thereafter. C. Disability leaves are always granted for an estimated period of time, and an employee who recovers and is able to return to work must immediately contact the Director of Personnel. An employee who was able or released to return to work and does not do so within three (3) days is subject to immediate termination. d. An employee who has been off work thirty (30) consecutive calendar days may be required to personally contact the Department Director on such schedule as Employer may establish in a letter mailed to the last address reflected in the employee's personnel file. Violations of this rule will be treated as any other "call -in" violation (see Section 6.3). 18.3 Pay and Benefits. Disability leaves are unpaid (except for employees who qualify for workers' compensation payments) and an employee may designate the order in which any accrued and available paid time off may be used by notifying the department payroll person prior to the payroll cutoff date, but employees are required to exhaust all accrued and available sick leave prior to going on unpaid status. No new benefits will accrue while an employee is on an unpaid disability leave. 18.4 Reinstatement. All requests for reinstatement must be made to the Director of Personnel. An employee returning from disability leave normally will be reinstated to his /her previous job and wage within two (2) scheduled workdays of the request, provided that in the event the employee indicates his/her availability prior to the scheduled or estimated end of the absence, the employee will be returned no later than five (5) scheduled workdays thereafter. ARTICLE 19 JURY AND WITNESS DUTY ( "CIVIC ") LEAVES OF ABSENCE 19.1 Jury Duty Leave. Employees who are required to serve on a jury under some form of subpoena or court order may obtain a paid leave of absence for the period of time covered by the initial subpoena or court order and any involuntary extensions. Employees who are scheduled for the swing or graveyard shift on the day of jury duty service will be excused from work for the shift either prior to or after the day they serve. An employee called for jury duty who is excused from attendance at a time which would allow him/her to return to work during normal scheduled hours must immediately contact the supervisor for instructions. 19.2 Witness Duty Leave. Employees who are required to appear in court or in a state or federal administrative proceeding to testify under some form of subpoena or court order may obtain an unpaid leave of absence for the period of time necessary to do so. Employees who are scheduled for 27 the swing or graveyard shift on the day of witness duty service will be excused from work for the shift either prior to or after the day they serve. An employee called for witness duty who is excused from attendance at a time which would allow him/her to return to work during normal scheduled hours must immediately contact the supervisor for instructions. 19.3 Advance Notice. An employee who will require jury or witness duty leave must provide a copy of the summons or subpoena to the Department Director on the first scheduled working day following its receipt. 19.4 Pay and Benefits. Employer will reimburse employees for scheduled work lost for jury duty leave or for testifying as a court witness to provide information derived as a result of on -duty employment. Pay will be based upon the straight -time hours of work (at the employee's regular base wage rate) actually scheduled and missed as a result of the jury or witness duty obligation, and the employee must reimburse Employer for any jury duty fees (excluding any per diem or travel allowances). An employee who qualifies for witness duty leave but is not entitled to compensation under this provision may use any accrued floating holiday or vacation time and may retain any compensation received from responding to the subpoena or court order. ARTICLE 20 MILITARY LEAVES OF ABSENCE All eligible employees will be granted military leave in accordance with any applicable state and /or federal law, and shall be required to provide such advance notice of the need for leave or any request for reinstatement according to the statutory procedures and time limits, and reinstatement shall be as required by law. The parties agree to incorporate into their collective bargaining agreement the following County policy in effect as of the date when this Agreement becomes fully executed by both parties: Cowlitz County Active Duty Continued Health Care Benefits Policy. ARTICLE 21 BEREAVEMENT LEAVES OF ABSENCE 21.1 Immediate Family. Upon the death of an "immediate family" member, employees will be allowed up to three (3) days off with pay to grieve, assist in making arrangements and attend the services. "Immediate family" means spouse, parent, grandparent, brother, sister, in -laws, child (including adopted children), grandchild, aunt, uncle, niece or nephew, or any other person related by blood or marriage regularly residing in the employee's household at the time of death. Employees who require additional time off may request personal leave. 21.2 Other Relatives /Friends. Upon the death of relatives not listed in Section 21. or friends, employees will be allowed up to one (1) day of bereavement leave without pay. Employees may use accrued leave time available before taking bereavement leave without pay under this section. 21.3 Pay and Benefits. An employee who is eligible for bereavement pay under Section 21.1 and is on vacation leave at the time of the death may change vacation leave to bereavement 28 leave. Employees granted bereavement leave under Section 21.1 may additionally use any accrued floating holiday or vacation time. Pay will be based upon the straight -time hours of work (at the employee's regular base wage rate) actually scheduled and missed as a result of the bereavement. ARTICLE 22 JOB VACANCIES AND CHANGES 22.1 Job Vacancies. Employer will post vacancies in any job classification covered by this Agreement on the Department bulletin boards. Regular employees desiring to be considered for any vacancy will indicate their interest by submitting a written request for consideration within seven (7) calendar days of the posting or distribution. Regular employees will be given first consideration for any vacancy (but this requirement will not preclude Employer from simultaneously soliciting outside applications). 22.2 Changes in Classifications. Employer will have the right to make changes in job duties, and if the Association believes that the change(s) warrant(s) a change in any wage schedule, the parties will meet within fifteen (15) calendar days of the Association's request and negotiate in good faith. If the parties do not reach agreement within twenty (20) calendar days of meeting, the Association may ask an arbitrator to review the wage issue by making a request within ten (10) calendar days thereafter, provided that no increase in any wages or wage schedule will be appropriate unless there is a substantial change in job duties or responsibilities. ARTICLE 23 SENIORITY 23.1 Seniority Defined. There will be one class of seniority established by this Agreement: departmental seniority. A list of current employees and seniority dates are set forth in Appendix B, and will be posted on the Association bulletin boards within ten (10) calendar days after the signing of this Agreement. Employer will thereafter post updated seniority lists during the first week of January of each year that this provision is in effect. Protest to any employee's seniority date or position on such list must be made in writing to the Director of Personnel within fifteen (15) calendar days after posting and, absent a timely protest, the dates and positions will be conclusively deemed correct. Any timely protest may be submitted to the grievance procedure, provided that it is filed within the appropriate time limits. 23.2 Seniority Dates. 23.2.1 Department Seniority Date. Upon an employee's successful completion of any new hire or new position trial period in the initial or a new department, the first day of that assignment will become the Department seniority date. The assignment of such date shall automatically supersede and extinguish an employee's seniority date in any other Department(s). 23.2.2 Seniority Disputes. Seniority will be established by date of application if two (2) or more employees were employed on the same date, or otherwise by process of drawn lot. 29 23.3 Uses of Seniority. Where performance between employees is considered to be equal, the senior employee in departmental seniority will be given preference in promotion, transfer, layoff and recall, but seniority for these purposes shall only apply within the employee's department. Performance" shall include demonstrated skill and ability, prior disciplinary (including any discipline for attendance, tardiness or violations of departmental call -in rules relating to employees who will be late or unable to report to work) and work records. 23.4 Trial Period. An employee who is selected for a new position will be given a trial period of up to twelve (12) calendar months to demonstrate the ability to satisfactorily perform the required work to Employer standards. The trial period will be twelve (12) months and will automatically be extended by the number of scheduled workdays in excess of twenty (20) (or one - hundred -sixty (160) hours, whichever is less) the employee is unable to work, regardless of the reason or cause. An employee disqualified during this period normally will be returned to the employee's prior job classification, step and wage. An employee returned to the former position will not thereafter be eligible to rebid for a position in the same classification for one (1) year. 23.5 Adjustments in Seniority Date. An employee who is absent from work without pay, excluding all periods on military leave, will have his /her seniority dates (and step- increase date) moved forward by the number of calendar days equal to the duration of the entire absence. For purposes of this Section 23.5, an absence of four (4) hours or more in any scheduled workday shall be counted as a full -day of absence. 23.6 Loss of Seniority and Employment. Seniority and employment will be lost by any resignation; any termination of a probationary employee, or of a regular employee for just cause; failure to report to work on the first workday following the end of an approved leave of absence unless the employee has earlier received the Director of Personnel's written approval for an adjusted return date; absence from work for more than a cumulative total of twelve (12) months in any eighteen- (18 -) month period regardless of the reason or cause; seeking or accepting employment of any kind, including self - employment, while on a leave of absence without obtaining the Department Director or designee's advance written permission (which shall not be unreasonably withheld) and (in the case of any disability leave) the treating physician's advance written permission; for other legitimate reasons or as otherwise allowed by other provisions of this Agreement. ARTICLE 24 PERFORMANCE OF DUTIES 24.1 No Strikes. During the term of this Agreement, the Association and its agents, representatives and officers, and all employees covered by this Agreement, as individuals and as a group, will not initiate, authorize, participate, assist in or encourage any strike, work stoppage, sick -out, slowdown, picketing, or any other disruption or restriction of work at Employer's premises or at any other location where Employer performs services or Employer representatives are present on official business. This specifically includes "sympathy" strikes and the observance of picket lines, signs, or appeals from any labor or other organization to engage in any such prohibited activities, but excludes any form of "informational" or "free speech" picketing and leafleting conducted on employees' nonworking time. 30 24.2 No Strike Violations. Any employee engaging in any activity in violation of Section 24.1 shall be subject to immediate disciplinary action, including discharge, and the only issue reviewable through the grievance procedure will be whether the employee in fact violated its provisions. 24.3 No Waiver. Nothing in this Article shall be interpreted to preclude recourse to any other available judicial or administrative remedies. ARTICLE 25 TRAINING AND DEVELOPMENT 25.1 Purpose. The County agrees to encourage and promote training opportunities to increase and sustain the effectiveness of the Department's work force, and will provide an opportunity for at least two (2) hours of training (which will include any mandatory training or staff meetings) per month for Records employees and, within six (6) months of the signing of this Agreement, at least four 4) hours of training per month for Dispatch employees. The parties understand that this provision is conditional upon the Employer's ability to establish three supervisory positions in the Dispatch Department. 25.2 Mandatory Training. The Department Director or designee may require the attendance of an employee at any and all school and /or training sessions as he /she deems appropriate, provided that except in cases of emergency or other circumstances warranting shorter notification, seven 7) calendar days prior notification of training time and dates will be provided to the affected employee(s). 25.3 Compensation for Time. An employee attending mandatory training will be compensated as required by Section 9.8. Except if otherwise required by federal or state wage and hour laws, voluntary attendance at non - mandatory training and development courses will not be considered compensable time. 25.4 Reimbursement of Costs. Employees normally will be required to pay tuition costs prior to taking a course, but reimbursement will be made to employees who receive prior written authorization for the training by the Department Director and submit evidence of satisfactory completion of training with a Grade of A, B, C or equivalent. Employer may offer tuition reimbursement for some non - mandatory courses notwithstanding that it is not obligated to provide compensation for time spent in the training. Any books and printed materials provided by the training and included in the cost of tuition shall become the County's property. ARTICLE 26 GENERAL 26.1 Personnel File, 26.1.1 Official File. There shall be one (1) official personnel file for each employee. 26.1.2 Entries and Access. Whenever an entry is made by the County into an employee's official personnel file, a duplicate copy will be supplied to the employee. However, it is 31 understood that any and all files kept for the purpose of employee documentation, either personal or professional, are the property of the County. The County agrees that the contents of these files, including personal photographs, shall be confidential and shall restrict the use of information in the file to County business. Access to the official personnel file shall be allowed during normal business hours, but an employee shall not be entitled to compensation for time spent reviewing the file. The Association shall have the right to request copies of such relevant employee personnel records as are relevant to its status and responsibilities, and may also request copies of personnel records on an employee's behalf with written authorization. 26.2 Critical Incident Debriefing. 26.2.1 Employer will determine and advise employees involved in a critical incident of the dates and times of any subsequent debriefings. 26.2.2 Employees will be encouraged to attend any and all critical incident debriefings which may be available through the County or any of the public safety agencies with whom they work. 26.2.3 Employees who were involved in a critical incident will be allowed, upon request, to attend a debriefing on work time, and relief will be provided so they may attend. 26.2.4 Employees who wish to have a debriefing may request one in writing. 26.3 Examinations and Releases. Employer may require physical, mental or other examinations as permitted by the Americans with Disabilities Act or any other applicable law. In the event of any disagreement between any physician or other health care provider selected by an employee or the Association and one selected by the Employer, the two health care providers shall select a third within ten (10) calendar days of the request of either parry whose opinion shall be final and binding. The expense of the third examination shall be equally divided between the parties. 26.4 Savines Clause. It is the intention of the parties hereto to comply with all applicable laws and they believe that each and every part of this Agreement is lawful. All provisions of this Agreement will be complied with unless any of such provisions are enjoined, or declared invalid or inoperative by a court of final jurisdiction, in which event the remainder of this Agreement shall not be affected thereby. Upon request by either parry within ten (10) calendar days thereafter, the parties shall enter into negotiations for the purpose of arriving at a mutually satisfactory replacement of any such provision. If the parties are unable to reach a solution within thirty (30) calendar days from the commencement of negotiations, or by any mutually agreed deadline thereafter, each party shall have the right to take whatever lawful action it deems appropriate notwithstanding any of the other terms and conditions of this Agreement, provided, however, that if it does not do so within thirty (30) calendar days thereafter, the matter shall be deemed resolved until the expiration of this Agreement. 26.5 Waiver Clause. This Agreement contains the sole and entire agreement between the parties. The parties acknowledge that each has had the unlimited right within the law and the opportunity to make demands and proposals with respect to any matter deemed a proper subject for 32 collective bargaining. The results of the exercise of that right and opportunity are set forth in this Agreement. During the life of this Agreement or any extension thereof, neither party shall be obligated to bargain collectively with respect to any matter, whether or not specifically referred to or covered in this Agreement, unless specifically required to do so by its express terms. 26.6 Amendments. The terms of this Agreement may be supplemented, amended, modified or waived only by a mutual agreement in writing, which expressly states that it is intended to have that effect and is signed by both parties. 26.7 Duration and Term of Agreement. This Agreement shall be in full force and effect from January 1, 2017 through December 31, 2018 and thereafter from year to year unless sixty 60) calendar days' written notice is given by either party prior to the expiration date. The parties agree to meet and negotiate at mutually acceptable times and places within the sixty- (60) day period immediately preceding the termination of this Agreement, or earlier by mutual agreement. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed on J day of 2017. COWLITZ COUNTY EMERGENCY BOARD OF COUNTY COMMISSIONERS SERVICES ASSOCIATION OF COWLITZ COUNTY, WASHINGTON Joe Gardner, Chairman Dennis P. Weber, Commissioner iAme Mortensen, Commissioner ATTEST: Tiffany O treim 12--S--17 Clerk of the Board 33 APPENDIX A WAGE SCALES 2017 Rates — Effective on January 1, 2017 Step 1 2 3 4 5 Dispatcher 3,390 3,603 3,814 4,026 41237 Dispatcher in Training 3,191 Records Specialist 35051 3,242 3,431 3,623 3,813 Records Specialist in Training 2,853 2017 Salaries Effective on January 1, 2017, all classifications will have received a 2% increase as shown above. 2018 Rates — Effective on January 1, 2018 Step 1 2 3 4 5 Dispatcher 3,458 3,675 35890 4,107 45322 Dispatcher in Training 3,255 Records Specialist 3,112 37307 3,500 3,695 3,889 Records Specialist in Training 2,910 2018 Salaries Effective on January 1, 2018, all classifications will have received a 2% increase as shown above. LONGEVITY PAY Effective January 1, 2017. Effective the first of the month after bargaining unit members that have completed 180 months of continuous services as an employee with Cowlitz County will receive each month, longevity pay in an amount equal to 1.25% percent of their monthly base wage. 34 Effective the first of the month after bargaining unit members who have completed 240 months of continuous services as an employee with Cowlitz County will receive each month, longevity pay in an amount equal to 1.50% percent of their monthly base wage. Effective the first of the month after bargaining unit members who have completed 300 months of continuous services as an employee with Cowlitz County will receive each month, longevity pay in an amount equal to 2.25% percent of their monthly base wage. Longevity pay is non - cumulative Examples Employee number 1 - $3,000 per month base wage and has 182 months of continuous service with Cowlitz County — 1.25% would be added to the $3,000. Employee number 2 — $3,000 per month base wage and has 241 months of continuous service with Cowlitz County — 1.50% would be added to the $3,000. Employee number 3 - $3,000 per month base wage and has 302 months of continuous service with Cowlitz County — 2.25% would be added to the $3,000. Only CCESA bareaininpgroup members employed on the date the 2017 -2018 CCESA Labor Agreement is ratified by both parties are eligible for any and all retroactive pay as outlined in this aereement. 35 COWLITZ COUNTY 911 CENTER SENIORITY LIST As of: 09/01/2017 NAME DEPARTMENT HIRE' DATE Mosier, Tracy E. 04/16/85 Thomas, Melissa A. 01/01/91 Lidorildotis, Lisa D. 11/12/91 White, Todd C. 04/06/93 Deisher, Suzanne C. 07/03/95 Huhta, Tara L. 06/05/97 Sims, Michelle M. 08/16/04 Gilbert, Maria L. 06/04/06 Reeves, Shelly L. 08/09/06 Koehler, Christopher R. 06/12/07 Swenningson, Nicole N.D. 12/03/08 Focht, Kirby L 04/01/09 Schaefer, Robert John 09/16/11 Lane, Kaylee R. 05/01/14 Beal, Melissa 03/30/15 Evald, Joshua 01/03/2017 Gerkins, Eli 07/03/2017 36 COWLITZ COUNTY LAW ENFORCEMENT RECORDS SENIORITY LIST As of: 09/01/2017 NAME POSITION TITLE DEPARTMENT HIRE DATE Solis, Mercedes Records Specialist 12/15/89 Harris, Julie M. Records Specialist 08/10/92 Kelley, Lora J* Records Specialist 11/01/92 Hamby, April A.* Records Specialist 03/15/93 Snyder, Margaret Records Specialist 04/29/02 Warren, Elizabeth Records Specialist 07/24/04 Nagorski, Catherine Records Specialist 03/10/06 Rand, Melissa Records Specialist 10/16/10 Huffine, Brandi* Records Specialist 09/16/13 Clark, Rebecca Records Specialist 01/16/16 Leach, Jana Records Specialist 03/16/2017 These individuals have different County Hire Dates Hamby, April Kelley, Lora J Huffine, Brandi 02/04/91 08/16/90 04/09/07 & 03/01/11 37 APPENDIX C SICK LEAVE SEPARATION PAY This sick leave separation pay procedure is applicable to the following employee only: Mercedes Solis. An employee with more than two years service who separates from County employment shall be compensated for one hundred percent (100 %) of sick leave accrued in the last two years of service plus one -half (1/2) of her accrued and unused sick leave accrued prior to her last two (2) years of service, the combination of which cannot exceed seventy -five (75) days. An employee with less than two (2) years of County employment will be compensated at a rate of one -half (1/2) of her accrued and unused sick leave. Sick leave payoff shall be at the employee's rate at time of termination. APPENDIX D MEMORANDUM OF UNDERSTANDING DISPATCH WORKWEEK This alternate work schedule for 911 Dispatchers (non trainee employees) has been mutually agreed upon by Cowlitz County and the Cowlitz County Emergency Services Association as provided in Article 10.1 of the Collective Bargaining Agreement of the parties. There will be a minimum of 16 employees whose shift shall be consecutive three 12 hour days and one 4 hour day. All other shifts regular work hours will be determined by the County, (i.e. 8hr shifts, l Ohr shifts, or 12hr shifts) according to Article 10.1. The work hours are to be determined based on Administrations discretion of call load and need. (i.e. 1300hrs — 2300hrs). Each shift shall be for the duration of the entire year unless staffing levels decrease. In the event a 12hr person vacates their position, an 8br or l Ohr person will move into that position. If there is more than one 8hr or l Ohr shift filled, a volunteer will be asked to move into the 12hr slot according to seniority. If there is no volunteer, the least senior employee working an 8hr or l Ohr shift will be assigned that vacant 12hr shift. All shifts are biddable by seniority. Any employee changed to a 12hr shift will be given at least 30 days' notice prior to the change. Workday and Workweek. The regular workweek for all employees shall be a forty (40) hour work week. Employees on a twelve (12) hour shift will not be eligible for holdover except in case of extraordinary circumstances at the discretion of the most senior employee on duty if no Lead or Administrator are available, or an emergency, such as extreme weather, terrorist incidents, or county -wide disasters mandating additional staffing. In an emergency all employees will be deemed available for service. The new one year shift rotation will commence as provided in section 9 below, and will be implemented as provided in Article 10, Section 10.4 of the Collective Bargaining Agreement, including selection by seniority. Modifications may be required for vacations, training, staffing issues and adjustments in schedules may be made with appropriate notice to the affected employees. The terms for rotational shift trades under Article 10, Section 10.3 of the Collective Bargaining Agreement will not be changed. However, employees will continue to be allowed to trade shorter shift periods than one (1) year, subject to management authorization. 2. Daily Overtime. Consistent with the meaning and intent of Article 9, Section 9.3.1 of the Collective Bargaining Agreement, any employee will be compensated at the rate of time and one -half the employee's regular straight -time rate of pay for authorized hours worked in excess of twelve (12) hours for a twelve (12) 39 hour day, and in excess of four (4) hours for a four (4) hour day. The number of hours worked in excess of their scheduled hours will be considered overtime worked hours. Except as expressly modified in this section, the terms and conditions set forth in Article 9, Section 9.3.1 of the Collective Bargaining Agreement shall apply. Scheduled Overtime. Scheduled overtime shall be filled as provided in Article 10, Section 10.5 of the Collective Bargaining Agreement. Scheduled overtime will be posted in four (4) hour increments. Employees offering to fill a vacancy must offer to cover the entire four (4) hours of a four (4) hour day. When a twelve (12) hour day (block of time) is needed to be covered, employees may offer to cover either four 4), eight (8) or all twelve (12) hours. 4. Voluntary and Mandatory Call -Out List. The Voluntary and Mandatory Call -Out List shall be employed as provided in Article 10, Section 10.6 of the Collective Bargaining Agreement. Employees offering to fill a vacancy must offer to cover the entire four (4) hours of a four (4) hour day. When a twelve (12) hour day (block of time) is needing coverage, employees may offer to cover four (4), eight (8) and twelve (12) hours. If the vacancy can not be filled voluntarily, that time shall be mandated. Depending on their work schedule, an employee is subject to a four (4), six (6), eight (8) and twelve (12) hour mandate. If no relief can be found for the remainder of the vacancy, the mandated employee shall remain on duty up to a twelve (12) hour maximum workday, except in case of extraordinary or emergency situations which will be at the discretion of the senior dispatcher on duty at the time, Lead or Administrator. Filling Vacancies of Less Than Three Days But More Than Sixteen (16) Hours Notice. The procedures set forth in Article 10, Section 10.7 of the Collective Bargaining Agreement shall apply, except that in Step 1, the volunteer must select the entire four (4) hours of a four (4) hour day, and either four (4), eight (8) or twelve (12) hours of a twelve (12) hour day. 6. Filling Vacancies Due to Call -In or Other Time Off Which Must Be Assigned in Less Than Sixteen (16) Hours. In addition to the provisions of Article 10, Section 10.8 of the Collective Bargaining Agreement, the following restrictions shall apply to filling a vacancy in less than sixteen (16) hours. Dispatchers working the four (4) hour workday shall be first eligible to fill any vacancy, subject to the twelve (12) hour maximum workday, except in case of extraordinary or emergency situations to be determined by the most senior dispatcher on duty, Lead or Administrator, unless they find a volunteer willing to take all or part of the overtime shift. Overtime Callout Procedures and Exemptions. In addition to the provisions of Article 10, Section 10.9 of the Collective Bargaining Agreement, M the following restrictions shall apply to overtime callout. No employee shall be mandated to work more than twelve (12) hours in a workday, including overtime, except in extraordinary circumstances or that fall under 9.8 of Article 9 of this agreement, (Staff meetings, special assignments and training). Dispatchers working their four (4) hour day may volunteer for both posted and for another employee's unscheduled time off, (comp time and unscheduled vacation) on that workday if an alternate back up has been obtained. The four (4) hour employee may not use any unscheduled time including compensatory time off unless minimum staffing levels (as determined by management) have been met for their shift and no one has called in sick for the shift. The four (4) hour employee may take pre - approved unscheduled time off after they have obtained an eligible overtime volunteer employee, and alternate who are both willing to work up to twelve (12) hours overtime should coverage be needed. The on duty Administrator, Lead or senior dispatcher, at their discretion, may release a four (4) hour employee or another employee during a shift may be authorized if it does not impact the operations of the Center, jeopardize the safety of the responders, the community or decrease the level of service If a dispatcher working a four (4) hour day is released, they shall not be required to return to work, subject only to normal mandate procedures, except in the case of an emergency. Any dispatcher providing replacement coverage for the scheduled four (4) hour shift is subject to mandatory overtime to fill all vacancies in conjunction with the shift that needs to be assigned in less than sixteen hours (16). A four (4) hour employee requesting time off and who has found an eligible volunteer, may be their own alternate backup, they will be required to report for duty should coverage be needed. No unscheduled time off will be approved if another employee will or has been mandated for the same hours. Except as otherwise provided, all unscheduled time off requests will require the requester to find an eligible employee who is willing to volunteer to work the total number of hours requested by the requestor, and potentially all eligible hours in conjunction with the time off request. The Operations Manager, Director or designee may deem adequate coverage exists and no overtime coverage is necessary or will be necessary. Management may cancel or notify the requester or the overtime employee that the overtime coverage will not be needed. The scheduled overtime employee will receive no additional compensation. If the overtime employee cannot be reached prior to the overtime shift and they respond for duty, they are guaranteed two (2) hours of overtime work, and then may be excused from duty, unless operational needs require them to remain on duty. Management or their designee may deny or exclude an employee from working overtime that the management believes could fatigue the employee and possibly jeopardize the safety of the citizens, responders or the employee. Unscheduled leave approved less than seventy -two (72) hours prior to the shift that the employee intends on taking off, shall be subject to cancellation should the administration or their designee deem operationally necessary. 41 A request for unscheduled time off is not valid until an eligible volunteer(s) have been obtained, all schedules have been updated, and the request approved. Changes to the floor schedule must be completed prior to submitting the request; it is the responsibility of the requestor to update the schedules. Any subsequent changes to the schedule are the responsibility of both the requestor and the overtime employee whichever employee is on duty at the time of the change. All time off request slips must have the names and hours of the person(s) volunteering to work for another employee and any required alternates. Employees will include a contact phone number of the alternate if the alternate will not be available at the home number listed in the informational file. Incomplete requests are not valid. When an employee who does not report for duty, it will be considered an unexcused absence, and subject to disciplinary action. 8. Shift Work Differential Pay. Article 9, Section 9.5 of the Collective Bargaining Agreement provides for shift differential pay of forty cents ($.40) an hour for swing shift work and of sixty cents ($.60) an hour for graveyard work. It is the intent of the parties that this shift differential pay continue under the new dispatch work schedule without increasing the cost to the County due solely to implementation of a new schedule, except as expressly provided in this section. Therefore, shift differential pay shall be paid under the new schedule as follows: Shift differential only applies to hours worked on the dispatch floor, this does not apply during meetings, special details outside the communication center, training or travel hours. a. Swing shift differential shall be paid to those working between 1100 and 1900. b. Graveyard shift differential shall be paid to those working between 1900 and 0300. 9. Evaluation. Either parry may initiate an evaluation of the alternate work if that parry determines that there are insufficient personnel available to properly staff the shifts, utilize sick leaves, vacation and other accrued leaves, or the schedule imposes undue financial or other burdens on a party. The parties will meet and consult in an effort to correct the problem(s) or develop an alternative work schedule within forty-five 45) days. Either party may choose to end the alternate work schedule and immediately return to the workweek set forth in the Collective Bargaining Agreement at Article 10, Section 10.1. Should other issues arise and remain unresolved during the duration of the contract, either party may at any time request to undergo further consultation. If an agreement cannot be reached during a forty-five (45) day consultation, the parties agree to return to the five (5) on and two (2) off work week with eight hour shifts for the duration of the contract or until both parties agree on an alternate work schedule Appendix D reflects the temporary changes in the alternate work schedule. Upon written notification from either the BU representative or the Communication Center Administration a meeting will be scheduled within 24 hours, and if the concerns are not mitigated to both parties satisfaction by the conclusion of the forty-five (45) day consultation period, the parties agree to revert back to the eight (8) hour, five (5) on and two (2) off work week. Should parties revert back to the current language all 42 sections of the language shall be applicable immediately. The Guild and the Communication Center Administration will meet quarterly to review and attempt to resolve such concerns however they may meet sooner should a need arise. Parties will agree to a backup MOU. 43 APPENDIX E RECORDS WORKWEEK This alternate work schedule for Records Department has been mutually agreed upon by Cowlitz County and the Cowlitz County Emergency Services Association as provided in Article 10.1 of the Collective Bargaining Agreement of the parties. 11 Workday and Workweek The Records Department workdays and workweek shall consist of four (4) consecutive ten (10) hour days with a one -half (1/2) hour paid lunch. The regular workweek for all employees shall be forty (40) hours. The only exception is change overs for a new Yearly schedule, and schedule adjust for training. Shift bids shall be selected based on seniority. Eligible employees accrue and/or earn vacation at the rate of eight (8) hours and sick leave at a rate of eight (8) hours for each continuous month of completed service. 2. Callout Responsibility All callouts will be given to the most senior employee on duty. If the most senior employee refuses, then the next most senior employee is asked and so on until someone agrees to do the callout. If no one will do the callout, then the most senior employee is required to do so. If the callout is not finished by the end of the shift, the responsibility passes on to the most senior employee on the incoming shift. 3. Overtime Book The Records overtime book will have a page for each Records employee. Pages are in the order of who has taken voluntary overtime and rotated to the back of the book after accepting a shift for more than 3 hours. A new employee's page will be placed in the back of the overtime book after being released from training. 4. Scheduled Overtime The posting for the upcoming month(s) will be posted no later than the 1St of each month showing the overtime for the following month(s) that needs to be filled. Records employees will fill out the overtime form provided and choose the overtime they will accept by placing a number next to the shift they would like, starting with 1= first preference and so on. The overtime selection form will be turned into the supervisor or designee no later than the 10' of the month. The supervisor or designee will then go through the overtime book from front to back giving the overtime to each employee by their place in the book and their preference. If the overtime form is not filled out and turned in, that person will be skipped for all posted overtime that is given during the process. Awarded overtime will be posted by the 15'h of the month. Overtime that comes up after the initial posting or remains after the above selection process, will be called out for coverage as soon as the time is posted, during reasonable hours. If the overtime to be filled is within 24 hours, then it will be called out for immediately no matter the time of the day. All callouts must be done using the work telephone only or an approved county automated system. The callout will be done by going through the overtime callout book one after the other until someone accepts the overtime shift. Employees will have up to 8 hours to answer before their page will be skipped onto the next employee. If no one accepts the overtime before it is to occur, the overtime hours that don't qualify for mandatory coverage can be offered to the supervisor before the employee is denied the time off. If any unfilled hours do qualify for mandatory overtime the mandatory overtime list shall be utilized. Employees are limited to working no more than 16 hours in a row and 18 hours in a 24 hour period. After 16 consecutive hours employees must have at least 8 hours off before they return to work. 5. Early call- insfHold overs Overtime blocks of 3 hours or less can be offered to employees whose schedule is attached to the overtime by seniority as a hold over or early call -in and their page will not be moved. If no one accepts the overtime as an early call -in or hold over, it will then be offered to the remaining employees by calling through the overtime book using appropriate call out procedure. If you volunteer for a hold over or early call in that is 3 hours or less and the time is extended beyond 3 hours for the same person, you must move to the back of the overtime book. 6. Mandatory Overtime Callout Procedure The Records Supervisor will be given the opportunity to work the mandatory shift before going to the mandatory call out procedure. The mandatory overtime list shall be utilized when time off for sick, bereavement, military, jury duty, scheduled training, shifts due to personnel vacancies and scheduled vacation hours are unable to be filled with voluntary overtime. An employee cannot be mandated to work more than 13 hours in a row, or 15 hours in a 24 hour period. After a 13 hour consecutive shift, employees must have at least 10 hours off before they can be mandated to return to work again. If the mandatory overtime falls on an employee's day off then the full overtime shift of consecutive hours that cannot be voluntarily covered will be filled by that employee. If more than one unconnected block of uncovered time exists, a separate employee will be mandated for each unconnected block of time. Employees on sick, bereavement, vacation, comp, military, jury duty, scheduled training, or floater time shall be exempt from mandatory overtime callouts. Employees on scheduled vacation shall be exempt from mandates on regular days off that are consecutive with scheduled vacation. Employees will also be exempt from mandatory overtime if the hours to be filled will not allow the employee to have at least 10 hours off between hours worked. Mandate will be assigned '' /z hour after the last person in the book for partial voluntary shifts is called, unless the mandated shift is to begin within two hours of the callout. If the callout is within 2 hours of the time needing filled, a mandate can be given to the first person reached without waiting '/Z hour for call backs. If an employee calls in to volunteer to take the overtime after a mandate is given, the mandated employee has the right, but is not obligated, to allow the volunteer to work the mandated hours. If an employee gives up the mandate to the volunteer, they will be put back in the same place on the mandate list. 7, Overtime Exemptions Employees on time off who would like to still be called for overtime opportunities during their time off shall make a highlighted note on their callout page with days they would still like to be called. 45 Employees can elect to give back their time off and come to work, but will be paid their regular straight time for those hours they are no longer taking off. Employees on sick leave, bereavement leave, or attending a scheduled training shall be exempt from an overtime callout to cover hours during their time off. Employees will also be exempt if the hours to be filled will exceed 16 hours worked in a row, 18 hours worked in a 24 hour period or they have not had 8 hours off after a 16 hour consecutive shift. 8. Overtime Trade Voluntary and mandated hours can be traded between employees with mutual consent, but must be documented in the overtime book and on the posting. 9. Time off Requests for Monthly Posting Unscheduled time off requests can be submitted no earlier than October 1" for time in the next calendar year. Requests submitted between October 1" and December 31" shall be awarded by seniority. All requests made on or after January 1st shall be granted by first come first serve. 10. Use of Unscheduled Time Off All paid time off other than vacations, sick leave and bereavement leave shall be considered unscheduled time off. Unscheduled time off must be approved by the department supervisor or designee. Requests may be scheduled at any time, but approval is not guaranteed or final until the requests have been signed by the department supervisor or designee returned to the employee. If time off has overtime needing coverage, time off will not be approved until coverage is made. Supervisor will notify employee if time off is not approved as soon as it is known. If there is no posted overtime for the date requested, time of shall be approved. FM