Contract - 12-08-2015 - 7655 - Collective Bargaining Agreement between Cowlitz County, Sheriff, and the Sheriff Support Specialists Guild.AS -7655
BOCC Agenda
Meeting Date: 12/08/2015
Motion Items 11.
Collective Bargaining Agreement between Cowlitz County, Sheriff, and the Sheriff Support Specialists'
Guild
Submitted For: Jim Zdilar, Human Resources
Submitted By: Stephanie Dunn, Human Resources
Department: Human Resources
Information
Subject and Summary Statement
The Collective Bargaining Agreement by and between Cowlitz County, Sheriff Mark S. Nelson, and the
Sheriff Support Specialists' Guild will be in effect from January 1, 2016 through December 31, 2016.
This Agreement governs wages, hours and working conditions of employment for employees of the
Cowlitz County Sheriffs Office.
Will Staff Attend Y / N
Yes
Department Recommendation
Recommend approval of the Collective Bargaining Agreement for 2016 between Cowlitz County, Sheriff,
and the Sheriff Support Specialists' Guild.
Attachments
Sheriff Support Specialists Agreement
Inbox Reviewed By
Human Resources Jim Zdilar
Clerk of the Board Tiffany Ostreim
Form Started By: Stephanie Dunn
Final Approval Date: 12/03/2015
Form Review
Date
12/03/2015 03:40 PM
12/03/2015 03:49 PM
Started On: 12103/2015 01:34 PM
and
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Article 1
Article 2
Article 3
Article 4
Article 5
Article 6
Article 7
Article 8
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COWLITZ COUNTY SHERIFF'S AGREEMENT
Support Specialists' Guild
January 1, 2016 through December 31, 2016
GuildRecognition .................................................................... ............................... 3
ManagementRights ................................................................. ............................... 4
Hours of Work and Overtime .................................................. ............................... 4
Holidays................................................................................... ............................... 5
Vacations. I I I I I I I I I I I I I I I I I I I I I I I I I I I 1 6
Seniority. I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I . I .................... 8
SickLeave ................................................................................ ............................... 9
LeaveWithout Pay ................................................................. ............................... 10
Sick Leave /Vacation Transfer Program,,,, .... 12
MilitaryLeave....... I . I I I I . I I I . I I I I I I . I I I I 1 0 0 0 0 0 0 0 0 0 0 0 0 0 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 0 1 0 0 0 0 6 0 0 0 6 0 9 1 1 . I . I . I I I . I . I I I I . I I I I I I I I I 1 12
Equipment.............................................................................. ............................... 13
Discharge or Suspension, . 13
Grievance Procedure .............................................................. ...........................0... 13
Healthand Welfare .................................................................. .............................14
Bereavement Leave,.,...,, 15
Retirement, I I I I I I I I I I I I I I I I I I I I I I I . I I I I I I I . . I I I I I 1 0 1 1 1 1 1 1 1 1 1 1 1 1 1 0 6 0 0 a 6 6 6 a 6 . I . . 1 15
Salaries. I I I I I I I I I I I I I I I I I I I I I I I I I I I 1 15
ShiftWork ................................................................................ .............................16
Article 19 Non - Discrimination ................................ ............................... .......................0...00,016
Article
Article
Article22
20
21
Drug & Alcohol Policy ............................................................ .............................16
Duration of Agreement,
Waiver Clause ........................................................................ ...............................
16
16
AppendixA ................................................................ ............................... 18
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THIS AGREEMENT, made and entered into by and between the Board of Cowlitz County
Commissioners and the Sheriff of Cowlitz County (hereinafter referred to as the COUNTY), and
The Support Specialists' Guild (hereinafter referred to as the Guild) governing wages, hours and
working conditions of employment for employees of Cowlitz County Sheriffs Office covered in
the certification issued by the Public Employment Relations Commission on December 14, 1998
case no. 14191 -E -98 -2372.
ARTICLE 1 GUILD RECOGNITION
1.1 The Guild is recognized as the sole and exclusive bargaining agent for full time and part
time employees in the Sheriffs Office.
Full time employee defined: A full time employee is one who works at least twenty -nine
29) hours per week for three 3) consecutive months.
Full time employees are entitled to all of the benefits of the contract except:
Uniforms, which shall not be provided until an employee is certified by Civil Service;
Temporary employee — defined: A temporary employee or provisional appointment is one
who works less than twenty -nine (29) hours per week, or for less than three (3) consecutive
months.
Temporary employees are excluded from the provisions of the contract except that they
shall be paid an hourly rate based on the contract's minimum salary of the classification to
which they are assigned.
Temporary employees who become full time employees without a break in service shall be
entitled to the benefits of a full time employee retroactive to the date that their work
schedule became full time as defined above, except that health and welfare benefits and
premium payment shall not be retroactive.
1.2 All present employees described in paragraph 1.1 who are not already members of the
Guild must, as a condition of continued employment, become members of, and maintain
membership in, the Guild within thirty -one (3 1) days after the effective date of this Labor
Agreement,
13 All new hires to positions described in 1.1 not already members of the Guild shall become
members on or immediately after the 31 st day of employment, as a condition of
employment, except that those new employees who are required to serve a probationary
period (during which they may be terminated without recourse to the grievance procedure)
shall be allowed 180 days to become members of the Guild.
1.4 Upon receipt of a properly executed authorization card signed by the employee, the
Department agrees to deduct all regular Guild dues and initiation fees from the employee's
pay that are uniformly required to maintain the employee in good standing in the Guild.
Such deductions are to be transmitted to the Guild's designated officer each month.
K
L5 Employees who choose not to become members of the Guild shall pay service fees in lieu
of dues to the Guild. Such payment shall be the same amounts as the uniformly required
dues and initiation fees paid by Guild 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 Guild in the same manner as
deducted dues are paid to the Guild.
1.6 An employee who is or becomes obligated to make the payments obligated by Sections
1.4, 1.5 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 non religious charity mutually agreed upon by the employee and the Guild.
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 Guild within (15) fifteen calendar days of each payment.
1.7 Upon determining that an employee is in violation of Sections 1.4, 1.5 the Guild 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.
1.8 Guild agrees to indemnify and hold the harmless the employer, its Board members,
officers, agents, and employees, from and against any and all claims, demands, actions,
lawsuits or any forms of liability, monetary or otherwise (for example, claims for
reinstatement or reemployment), including any attorney's fees and costs, arising from the
application and enforcement of this article l .
ARTICLE 2 MANAGEMENT RIGHTS
Except as abridged by this contract, the Sheriff shall retain the exclusive right to exercise the
customary functions of management, including, but not limited to: directing the activities of the
department; determining the methods of operation, including but not limited to the introduction of
new equipment; the right to hire, layoff; transfer, promote; to discipline or discharge for just cause;
to determine work schedules and assign work; to establish performance objectives; to set job
standards; and to evaluate performance of employees. Provided, the Cowlitz County
Commissioners shall retain the authority to determine all items with budgetary impact such as rates
of pay, amount of vacation, sick leave and holidays, health insurance, life insurance, overtime rate,
call back rate, and uniform allowance.
ARTICLE 3 HOURS OF WORK AND OVERTIME
3.1 Except by mutual consent, the regular workweek shall consist of five consecutive days on
followed by two consecutive days off. The workday shall consist of eight (8) hours
including two 15 minute rest breaks, first break approximately one half through the first
half of the shift and second break approximately one half through the second half of the
shift. If breaks are not taken there shall be no extra compensation and an unpaid lunch
break of one half hour will occur approximately one half through the workday.
3.2 Overtime. If an employee is required to work in excess of eight (8) hours in one day or
forty hours in one week, they shall receive time and one -half pay or time and one -half
0
compensatory time off. Compensatory time off balance cannot exceed forty (40) hours in
any calendar year and if not used shall be paid off at the end of each calendar year. A week
is defined as beginning Sunday and ending Saturday. Employees who work in excess of
eight (8) hours in one day but less than eight shall be compensated for the additional half
hour at straight time if their total hours in the relevant week are less than 40 hours.
33 All call time, which includes court time, shall be approved by the shift supervisor in
writing. Call time shall be paid at a minimum three (3) hours pay at time and one -half,
thereafter all overtime to be paid for at actual time based on fifteen (15) minute increments.
Call time occurs when an employee leaves work at the end of his regular shift and is called
back thirty (30) minutes after the end of his regular shift but before the start of his /her next
regularly scheduled shift. Provided, early call of up to two (2) hours shall not be call time
but shall be compensated for at the overtime rate if the provisions of 3.2 are met.
3.4 All overtime accumulated by an employee may be taken as compensatory time off by
mutual agreement between the employee and his supervisor. Normally, the desire of the
employee shall be observed unless such time off would cause staffing levels to drop below
minimum staffing levels.
3.5 Except in emergencies (when an employee is required to accept overtime assignments),
assignments of overtime shall be rotated among classified, qualified employees according
to job assignment. A record in writing shall be kept by the supervisor of overtime worked.
ARTICLE 4 HOLIDAYS
4.1 The following shall be recognized as designated holidays and, if assigned to work on such
day, shall be compensated for at time and one -half rate of pay or compensatory time off.
Compensatory time off or pay will be by mutual agreement between the employee and his
supervisor.
HOLIDAY
Designated Holiday
New Year's Day
Martin Luther King Day
Washington's Birthday
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
The Day After Thanksgiving
Christmas Day
DATE TO BE OBSERVED
January 1
Third Monday in January
Third Monday in February
Last Monday in May
July 4
First Monday in September
November 11
Fourth Thursday in November
Fourth Friday in November
December 25
Non - designated Holiday
One Floating Holiday At Employee's Choice
After ten (10) years of service in the Sheriff Support Specialists' Guild an
employee shall receive two (2) floating holidays on January 1 of each year.
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The floating holiday may be taken at any time after employee has completed six (6) full months
of employment and when mutually agreed upon between employee and the supervisor. Floating
holiday time is non - accumulative and lapses at the end of each calendar year. There is no
termination pay for any floating holiday not taken.
4.2 The holiday shall be on the day designated in paragraph 4.1 except holidays occurring on
a Saturday shall be observed on a Friday and holidays occurring on a Sunday shall be
observed on the following Monday.
43 Vacation time shall not be charged on any holidays listed in paragraph 4.1.
ARTICLE 5 VACATIONS
5.1 All regular employees represented by this agreement shall be granted a total of thirteen
13) days (104 hours) vacation (vacation earned plus bonus day) upon the completion of
the first year of continuous service. Vacation leave is not available to the employees until
after having served six consecutive months of employment_
A re- employed or reinstated employee must also have six (6) months of continuous
employment before being entitled to use vacation leave.
5.2 Leave credits accumulated are canceled automatically on separation after periods of service
of less than six (6) continuous months.
53 Employees earn a day (8 hours) of vacation leave for their first month of employment if
they are placed on payroll on or before the 15th day of the month and actually work
continuously through the rest of that month. Terminating employees do not receive
vacation leave credit for the month in which they terminate unless they actually work
continuously through the 14th day of that month.
5.4 Vacation leave shall accumulate to a total of thirty -one (3 1) working days (248 hours),
after which time, if no leave is taken, no additional leave shall be credited. That is, an
employee at no time shall have more than thirty -one (3 1) days of accumulated vacation
leave due, unless extended by the Employer. In order to obtain an extension, an employee
must submit a written request stating:
1. The reason for the request.
2. A written plan submitted showing time -off scheduled in order for the administration
to determine any detriment to the agency.
3. Number of extensions previously requested.
5.5 All accumulated vacation leave shall be allowed when an employee leaves the employment
of Cowlitz County for any reason, provided notice has been given. (Note exception of 5.2
above.) Adequate notice is defined as a written notice submitted to the department head at
least fourteen (14) days prior to termination of employment.
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In case of death, all accumulated vacation leave shall be paid to the estate of the
employee.
All payments of terminal leave for the unused vacation leave shall be based on the
employee's salary at the time of separation or death.
Payment of terminal leave will be made at the time of payment of the final payroll for the
employee.
5.6 Authorized Leave of Absence without Pay shall not interrupt prior or continuous service.
However, the employee shall not be credited with earned vacation leave days during the
period of authorized leave of absence without pay.
5.7 Vacation requests shall be submitted between January 1 and April 1 of the current year.
Seniority shall be given preference in the scheduling of vacations. Employees who fail to
submit a vacation schedule by April 1 shall be scheduled on a first come, first served
basis. Normally, an individual's vacation request shall be granted unless such request
would be a significant detriment to the operation of the agency. Simply creating an
overtime issue will not be considered a significant detriment. If the shift is normally
staffed at minimum level, one person shall be granted their vacation request. The
vacation schedule shall cover the period from January 1 to December 31.
5.8 The provisions of this Article are not applicable to persons regularly working less than
twenty -one (21) hours per week, or to persons in temporary, intermittent, or occasional
employment status.
BONUS LEAVE
Bonus vacation days shall be granted to the employees and credited to their account on the
anniversary date of employment in accordance with the vacation schedule shown below.
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VACATION SCHEDULE
Number of Years of Vacation 1 day = 8 hrs Total Days of Vacation
Employment Completed Earned Bonus Days Earned Per Year
1 12 1 13
2 12 2 14
3 12 3 15
4 12 4 16
5 12 4 16
6 12 5 17
7 12 5 17
8 12 5 17
9 12 6 18
10 12 6 18
11 12 7 19
12 12 8 20
13 12 9 21
14 12 9 21
15 12 9 21
16 12 10 22
17 12 10 22
18 and over 12 11 23
ARTICLE 6 SENIORITY
1. Seniority shall prevail in the preference of vacations and holidays.
2. As provided by the Cowlitz County Civil Service Commission Rules in effect or as
amended, the Sheriff may lay off any employee after prior notice in writing without
prejudice because of lack of funds, curtailment of work, or other reasons outside the
employee's control which do not reflect discredit on the services of the employee. No
permanent employee, however, shall be laid off while there are provisional or probationary
employees serving in the same class or position. Layoff due to reduction in force shall be
made in inverse order of seniority in the class involved. The classes are those listed in
Appendix A -- Administrative Secretary and Support Specialist. The Support Specialist
classification is a single classification even though it includes the working titles of Civil
Specialist, Accounting Specialist, Evidence Specialist, Task Force Specialist, Community
Specialist and Case Management Specialist.
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ARTICLE 7 SICK LEAVE
7.1 Sick leave is granted at the rate of one working day (8 hours) for each completed month of
service. It shall accumulate to a total of one hundred fifty (150) (1,200 hours) working
days.
7.2 Employees will be granted a day of sick leave for the first month of employment if placed
on the payroll on or before the 15th day of the month and if actually working continuously
through the rest of that month.
73 All accumulated sick leave may be restored when a previously separated employee is
re- employed, subject to the approval of the appointing power. Sick leave may be extended
by the appointing power after all accumulated sick leave is exhausted when an employee
is injured in the line of duty (except when covered by industrial insurance) or contracts a
contagious or infectious disease through exposure to such disease in the line of duty.
7A Sick leave may be taken for any of the following reasons:
A. Illness or injury which incapacitates the employee to the extent that
he is unable to perform his work. Pregnancy shall be treated in the
same fashion as a temporary disability.
B. Exposure to contagious disease such as would jeopardize the health
of fellow workers or the public as determined by the County Health
Officer or the County Health Officer may delegate such duty to his
Registered Nurse Physician Assistant,
C. Doctor or dental appointments.
D. Illness, including pregnancy or childbirth, in the immediate family
requiring the attendance of the employee.
7.5 Payment for sick leave will be made only when approved by the appointing power.
Only working days are charged and at the rate of one day of leave for each day of absence.
7.6 At the employee's option, vacation leave may be used as sick leave, but sick leave may not
be used as vacation leave.
7.7 An employee receiving industrial insurance time -loss payments may use vacation leave or
sick leave during the period covered, provided the combined compensation cannot exceed
the employee's base rate of pay.
7.8 Doctor's certificate of illness may be required by the Employer at the time the employee
returns to work when he is absent because of illness or injury more than three (3)
consecutive days.
7.9 An employee separated from County service due to death, retirement, or termination short
of retirement age shall be compensated to the extent of fifty (50 %) percent of his
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accumulated sick leave.
ARTICLE 8 LEAVE WITHOUT PAY —State and Federal Provisions
8.1 Family Leave - An employee is entitled to twelve (12) workweeks of family leave during
any twenty four (24) month period to: A) Care for a newborn child or adopted child of the
employee who is under the age of six (6) at the time of placement for adoption or B) To
care for a child of the employee under eighteen (18) years of age who has a terminal health
condition. Leave under A shall be completed within twelve (12) months after the birth or
placement for adoption as applicable. Leave under B applies once for any given child. If
both parents of a child are employed by Cowlitz County they shall together be entitled to
a total of twelve (12) workweeks of family leave during any twenty -four (24) month period,
and leave shall be granted to only one (1) parent at a time.
Family leave shall be unpaid leave and benefits shall be handled as described in Section 2
of this article.
An employee planning to take family leave shall provide their Department Head and
Human Resources with written notice at least thirty (30) days in advance of the anticipated
date of delivery or placement for adoption, stating the dates during which the employee
intends to take family leave. The employee shall adhere to these dates unless:
A. The birth is premature.
B. The mother is incapacitated due to birth such that she is unable to care for
the child.
C. The employee takes physical custody of the newly adopted child at an
unanticipated time and is unable to give thirty (3 0) day's notice in advance.
In the event that A, B or C occurs the employee agrees to notify the employer as soon as possible
to reestablish the dates of the leave.
8.2 Federal Family and Medical Leave
A. An employee is eligible for Federal Family and Medical Leave if he /she has
worked for the County at least twelve (12) months and has worked at least
twelve hundred fifty (1250) hours in the twelve (12) month period before
the FMLA leave is to begin.
B. Allowable reasons for FMLA leave are: birth and care of the employee's
newborn child within twelve (12) months after the date of the child's birth;
placement of a child (under eighteen (18) years of age or over eighteen (18)
years of age if they are incapable of self care due to a physical or mental
disability) with the employee for adoption or foster care within twelve (12)
months after the date of placement; to care for the employee's spouse, child
or parent with a serious health condition; when the employee's own serious
health condition prevents him/her from performing his /her job.
C. A serious health condition is defined as: any physical or mental condition
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that involves a) in patient care; b) incapacity for more than three (3) calendar
days that involves continuing treatment by a health care provider; c)
continuing treatment by a health care provider for a long term incurable
condition which if not treated, would likely result in a period of incapacity
for more than three (3) days or for prenatal care. A health care provider is
defined as a: doctor of medicine or osteopathy; podiatrist; dentist; clinical
psychologist; optometrist; nurse practitioner; nurse midwife; or Christian
Science practitioner.
D. Employees may take up to twelve (12) work weeks of unpaid (paid if on
accrued sick leave) FMLA leave in a twelve (12) month period measured
forward from when the employee's first FMLA leave began. An employee's
FMLA leave entitlement will run concurrent with the Family Leave
entitlement under State law as described in Section 1. If an employee and
employee's spouse both work for the County they are entitled to a combined
total of twelve (12) work weeks of FMLA leave for the birth or placement
of a child or to care for a parent or a child with a serious health condition.
E. Employees who know in advance that they will need to use FMLA leave
shall obtain, complete and return a Request for Leave Form to Human
Resources thirty (30) calendar days before the leave is to commence. When
the need is not foreseeable thirty (30) calendar days before it is to commence
the employee will give the employer notice of his /her intent to take FMLA
leave as soon as practicable after the employee learns of the need for the
leave. In case of an emergency, the employee or a responsible person must
call the Human Resources Department to make the request, and must fill
out a Request For Leave Form as soon as possible. Any request for an
extension of FMLA leave must be made by the employee before the initial
leave expires.
F. Employees who request FMLA leave because of their own serious health
condition or the serious health condition of their spouse, parent, or child
must obtain a certification that the serious health condition exists from a
health care provider. Forms can be obtained from Human Resources. The
certification must be returned no later than fifteen (15) days after the County
requests certification. The County reserves the right to request a second
opinion from a health care provider of their choice at County expense. If
there is disagreement between the employee's health care provider and the
County's health care provider, the employee and the County shall choose a
third health care provider (at County's expense) whose opinion shall be
binding on both the County and the employee. Failure by the employee to
cooperate in the selection of a third health care provider shall result in the
second health care provider's opinion to be final and binding.
A fitness for duty report is required from an employee's health care provider
before they may return to work from leave for their own serious health
condition. Fitness for Duty Report Forms are available in Human
Resources.
lei
G. Employees are entitled to intermittent or reduced schedule leave for their
own serious health condition or the serious health condition of their child,
spouse or parent if a health care provider certifies that the intermittent or
reduced schedule is medically necessary. The provisions for second and
third health care provider opinions are the same as stated in subsection F
above. The County may temporarily transfer employees on intermittent or
reduced schedule leave to another job without reducing pay or benefits.
H. If an employee has accrued sick leave they must use that sick leave
concurrent with FMLA leave.
I. The County will continue to pay their
premiums for the duration of the FMLA lea
the County's plan immediately prior to the
required to pay their share of the premium.
to work from FMLA leave he /she must
payments made during the leave.
share of the health insurance
ve if the employee is enrolled in
FMLA leave. The employee is
If an employee does not return
reimburse the County for the
J. Employees on vacation or sick leave during FMLA leave will continue to
accrue vacation, sick leave, and holidays if they occur during the leave and
they will continue to accrue seniority. If the leave is unpaid the employee
will not accrue vacation, sick leave, or holidays that occur during the leave.
Bonus days will continue to accrue and anniversary date for vacation
accrual will not be affected.
K. If an employee accepts other employment or becomes self - employed during
the leave, the leave will be canceled.
L. Employees returning from leave shall be reinstated to their former job or a
job with equal pay and benefits and working conditions, provided an
employee shall have no greater right to a job when they return than if they
had continued working during the leave period.
ARTICLE 9 SICK LEAVE/VACATION TRANSFER PROGRAM
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 Sick Leave /Vacation Transfer Program policy.
ARTICLE 10 MILITARY LEAVE
1. RCW 38.40.060 shall determine compensation during military leave
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.
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ARTICLE 11 EQUIPMENT
Employees shall not be required to operate unsafe or mechanically unsound equipment.
ARTICLE 12 DISCHARGE OR SUSPENSION
12.1 All terminations and suspensions shall be in writing with a copy to the Guild. An employee
notified in writing that he is to be discharged or suspended, who feels the suspension or
discharge is without just cause, may appeal the suspension or discharge to the Sheriff. If
the dispute is not resolved to the employee's satisfaction, he may appeal the suspension or
discharge to the Civil Service Commission or Arbitration. If Arbitration is the option
chosen the Arbitrator will be selected per Article 13.2 of this Agreement and the time lines
for Grievances that are set forth in Article 13 of this agreement will be followed. If an
appeal to the Civil Service Commission is the option chosen, all time lines in the
Commission rules must be observed or the appeal may be ruled null and void by the
Commission.
ARTICLE 13 GRIEVANCE PROCEDURE
13.1 Any dispute that might arise over the application or interpretation of any Article of this
agreement shall be handled as follows: Provided that, with the exception of disciplinary
issues discussed in Article 12 above, any matter delegated to the Civil Service Commission
shall be handled by the Civil Service Commission as set forth in their rules and RCW 41.14,
STEP 1 The dispute shall be taken up between the designated representative
of the Sheriff, the employee, and the Guild Vice President within
seven (7) days after knowledge of occurrence of grievance.
STEP 2 If no agreement is reached within seven (7) days, the Sheriff and the
Guild representative shall attempt to settle the dispute.
STEP 3 If no agreement is reached within fourteen (14) days, the Guild shall
submit the dispute in writing to the Cowlitz County Commissioners
and the Human Resources Director. This shall include:
1. Statement of Grievance and relevant facts.
2. Specific provisions of this contract violation.
31 Remedy sought.
If the dispute has no budgetary /monetary impact, this step shall be
waived.
STEP 4 If no agreement is reached within fourteen (14) days, the dispute
shall be referred to either the Civil Service Commission or
Arbitration.
13.2 Arbitration Within seven (7) calendar days of Employer's receipt of the request for
arbitration, Employer and Guild will attempt to agree on a neutral arbitrator to hear the
grievance, and with mutual agreement may submit multiple grievances to the same
13
arbitrator. If the parties are unable to reach agreement on an arbitrator, and within seven
7) calendar days of the date of the Guild request to refer the grievance to arbitration, the
Guild will mail a request for panel of five (5) members of the Public Employees Relations
Commission with their principal place of residence in Washington or Oregon. Within ten
10) 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 (%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.
Exclusive Remedy. It is specifically understood and agreed that the grievance procedure
established in this Article 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.
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
Guild 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 Guild.
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
party to establish a past practice or interpretation of the relevant contract provisions in any
future grievance.
Any and all time limits specified above may be waived by mutual consent of the parties
involved.
ARTICLE 14 HEALTH AND WELFARE
14.1 Effective January 1, 2016, the County agrees to pay up to one thousand three hundred
dollars ($1,300) toward the cost of the monthly premium for eligible employees for
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medical, dental, vision, life insurance and long term disability. For any option that the
monthly premium is less than $1,300, the County will pay the total amount of that monthly
premium option. For any option that the monthly premium is in excess of $1,300, the
excess of $1,300, the amount shall be paid by the employee by payroll deduction through
December 31, 2016. Premiums for each type of health care plan type can be split between
the employer and employee as determined by the employer. The reason for this addition
is to allow employees to do benefits online with Peoplesoft. This will not effect the County
contribution to the health and welfare plan
The 2016 employer contribution towards VEBA will be a flat $750 per month in addition
to vision, dental, life insurance and long term disability for eligible employees who selected
the VEBA option.
For the employees who select the Kaiser HSA $1500/$3000 option the employer
contribution will be $100 per month to the employee's HSA. For the employees who select
the WCIF HSA $1500/$3000 option, the employer contribution will be $150 per month to
the employee's HSA.
ARTICLE 15 BEREAVEMENT LEAVE
15.1 Leave shall be granted to an employee in the event of death in the immediate family
funerals are included).
15.2 Leave for this reason shall be limited to three (3) days in any one instance but may be
extended if the situation calls for it.
15.3 Immediate family is defined as persons related by blood, marriage or legal adoption.
ARTICLE 16 RETIREMENT
16.1 The present retirement plans shall be in effect for the duration of this agreement.
ARTICLE 17 SALARIES
17.1 Effective on January 1, 2016, all employees shall be paid in accordance with Salary
Appendix A of this contract. No employee's rate of pay shall exceed the maximum
exhibited in the schedule on Appendix A of this contract for the classification to which the
employee is assigned.
17.2 Employees promoted to a position whose minimum salary is higher than the minimum
salary of the position held just prior to promotion shall move to step 1 of the higher position
or the step which would provide a minimum 5% increase, whichever is greater. Each year
after promotion they shall move to the next step but no higher than step 5.
17.3 The Guild agrees that on a one time basis only, the County can make a change in the payroll
dates that are applicable to bargaining unit members. The County agrees to give reasonable
advance notice (at least 60 days) to the Guild and to bargaining unit members of the change
in payroll dates. The County agrees to bargain impacts of the change to the Guild's
bargaining unit if requested to do so by the Guild.
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ARTICLE 18 SHIFT WORK
18.1 All employees assigned to the second shift shall be paid thirty cents ($.30) per hour for all
work on the second shift in addition to their regular salary, and fifty cents ($.50) per hour
for all work on the third shift in addition to their regular salary.
18.2 Second shift shall be defined as all hours worked between the hours of 4:00 p.m. and
midnight, and midnight to 8:00 a.m. for the third shift.
ARTICLE 19 NON - DISCRIMINATION
19.1 The Employer and the Guild agree not to discriminate against any employee because of
race, religion, creed, color, national origin, marital status, sex, age, political affiliation,
union membership and union related activities, or because of disabled or developmentally
delayed status.
19.2 All references to employees in this Agreement designate both sexes and when the male
gender is used, it shall be construed to include both male and female employees.
19.3 The Employer and the Guild recognize the County's Affirmative Action Plan and the
procedures established therein which guarantee Equal Employment Opportunity,
ARTICLE 20 DRUG AND ALCOHOL POLICY
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 Drug and Alcohol Policy.
ARTICLE 21 DURATION OF AGREEMENT
This agreement shall be in full force and effect from January 1, 2016, through December 31, 2016,
and shall continue in effect from year to year thereafter unless either party gives notice in writing
at least sixty (60) days prior to any expiration or modification date of its desire to terminate or
modify such agreement.
ARTICLE 22 WAIVER CLAUSE
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 collective
bargaining. The results of the exercise of that right and opportunity are set forth in this Agreement.
Therefore, management and the Guild for the duration of this Contract, each agrees to waive the
right to oblige the other party to bargain with respect to any subject or matter not specifically
referred to or covered in this Contract.
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SIGNED this day of December, 2015
SUPPORT SPECIALISTS' GUILD
Cowlitz County Sheriff
Mark S. Nelson
Attest:
Tiffa Ost im, Clerk of the Board
t Z— (3 !1
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BOARD OF COUNTY COMMISSIONERS
OF COWLITZ COUNTY, WASHINGTON
t
Michael A. Karnofski, Chairman
Dennis P. Weber, Commissioner
oe Gardner, Commissioner
i
APPENDIX A
SUPPORT SPECIALISTS' GUILD AND COWLITZ COUNTY
SHERIFF'S OFFICE
SALARYSCHEDULE
EFFECTIVE DATE: January 1, 2016
Steps 1 2 3 4 5
Secretary 3,359 39568 39778 39987 49198
Support Specialist 29989 3,194 39381 39558 39734
Effective on January 1, 2016, all classifications listed in Appendix A have received a 2% increase
rate.
M16,