Approve CBA between Lewis County and Lewis County Dispatchers Guild from December 2022 through December 2025. BEFORE THE BOARD OF COUNTY COMMISSIONERS
LEWIS COUNTY, WASHINGTON
IN THE MATTER OF: RESOLUTION NO. 22-435
APPROVE A COLLECTIVE BARGAINING
AGREEMENT BETWEEN LEWIS COUNTY AND THE
LEWIS COUNTY DISPATCHERS GUILD FROM
DECEMBER 2022 THROUGH DECEMBER 2025
WHEREAS, the Lewis County Board of County Commissioners (BOCC) has
reviewed a Collective Bargaining Agreement between the Lewis County
Dispatchers Guild and Lewis County; and
WHEREAS, it appears to be in the best public interest to authorize the execution
of the said Collective Bargaining Agreement for Lewis County.
NOW THEREFORE BE IT RESOLVED that the Collective Bargaining Agreement
between the Lewis County Dispatchers Guild and Lewis County, is approved and
the BOCC is authorized to sign the same.
DONE IN OPEN SESSION this 27th day of December, 2022.
APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS
Jonathan Meyer, Prosecuting Attorney LEWIS COUNTY, WASHINGTON
Kevin A. McDowell Lindsey R. Pollock, DVM
By: Kevin A. McDowell, Lindsey R. Pollock, DVM, Chair
Deputy Prosecuting Attorney
ATTEST: •BSc°n��•F q3�j• Sean D. Swope
°Pan D. Swope, Vice Chair
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Rieva Lester • Scott J . Brummer
Rieva Lester, Scott J. Brummer, Commissioner
Clerk of the Lewis County Board of
County Commissioners
Page 1 of 1 Res. 22-435
1. INTRODUCTION
1.1. Preamble
1.1.1. This Agreement is by and between the LEWIS COUNTY
EMERGENCY SERVICES DEPARTMENT, acting by and through the
Board of County Commissioners of Lewis County, hereinafter referred to
as the "EMPLOYER" and the LEWIS COUNTY DISPATCHERS GUILD
hereinafter referred to as the "GUILD".
1.2. Purpose
1.2.1. It is the purpose of this Agreement to achieve and maintain
harmonious relations between the Employer and the Guild, to provide for
equitable and peaceful adjustments of differences which may arise, and to
establish standards of wages, hours, and other conditions of employment.
2. RECOGNITION
2.1. Scope of Bargaining Unit
2.1.1. The Employer recognizes the Guild as the exclusive bargaining
representative for all Telecommunicators of Lewis County Communications,
excluding the Director, Manager, Administrative Secretary, Systems
Administrator, and temporary employees.
2.2. Employee Definitions
2.2.1. Probationary Employee: An employee shall be considered a
probationary employee after they have satisfactorily completed all three (3)
phases of the telecommunications training program and are working
independent of a direct training officer. This probationary period shall be for a
time of twelve (12) months from the date the Probationary Appointment letter
is issued. During this probationary period, the employee may be discharged or
disciplined without a recourse to the grievance procedure.
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2.2.2. Full-Time Employee: A full-time employee is an employee regularly
scheduled to work an average of one hundred seventy-three and three tenths
(173.3) hours per month. Full-time employees receive all benefits herein.
2.2.3. Part-Time Employee: A part-time employee is an employee
regularly scheduled to work less than one hundred seventy-three and three
tenths (173.3) hours per month. Except where expressly restricted or provided
to the contrary, part-time employees shall accrue or earn benefits in an amount
which is that fractional part of the benefit that the regularly scheduled number
of hours of employment bear to the total number of hours of a full-time
employee (173.3 hours per month). A part-time employee may at times meet or
exceed the 173.3 hours per month average and still be considered "part-time",
as long as the occurrence is temporary in nature lasting no more than three (3)
consecutive months.
2.2.4. Casual Employee: Casual employees shall not be in the bargaining
unit or be subject to the provisions of this Agreement. A casual employee is an
employee hired to work during a period when additional work of any nature
requires a temporarily augmented work force or in the event of an emergency,
or an employee who fills a vacancy caused by an employee absence.
2.2.5. Trainee Employee: An employee regularly scheduled to work full
or part-time that has not yet completed the telecommunications training to
include "Call Taking", "Fire/EMS Radio" and "Law Radio". Once sign off
occurs, the trainee employee is now a probationary employee and their name
will be listed on the mandate list.
3. GUILD SECURITY
3.1. Membership
3.1.1. Membership or non-membership in the Guild shall be wholly voluntary
and the individual choice of employees covered by this Agreement. Any
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employee who is a member of the Guild or who has applied for membership
shall sign and deliver to the Guild, who shall forward to the County, an original
assignment authorizing and consenting to the deduction of dues, fees, costs,
charges, and assessments for membership in the Guild. Such authorization shall
continue in effect from year to year unless revoked or changed in writing with
thirty (30) days' notice to the Guild and County. Employees who are not
members of the Guild may make voluntary payments to the Guild by means of
payroll deduction by providing written consent to the County. Such payment
amounts are those authorized by the employee.
3.1.2. The Guild shall indemnify the Employer and save the Employer
harmless against any and all claims, demands, suits, or other form of liability
that shall arise out of or by reason of any action taken or not taken by the
Employer at the request of the Guild for the purpose of complying with this
Article, provided that the action taken is in accordance with such request.
4. MANAGEMENT RIGHTS
4.1. Customary Functions
4.1.1. Customary Functions: Except as expressly modified or restricted by
a specific provision of this Agreement, all statutory and inherent managerial
rights, prerogatives, and functions are retained and vested exclusively in the
Employer and its management, including, but not limited to, the rights, in
accordance with its sole and exclusive judgment and discretion:
a) to take whatever action is either necessary or advisable to determine,
manage and fulfill the mission of the organization and to direct the
Employer's employees:
b) to reprimand, suspend, discharge or to otherwise discipline employees
for just cause;
c) to determine the number of employees to be employed:
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d) to hire employee, determine their qualifications and assign and direct
their work;
e) to evaluate employees' performances;
f) to promote demote, transfer, lay off and recall to work employees;
g) to set the standards of productivity, the services and products to be
produced;
h) to determine the amount and forms of compensation for employees:
i) to maintain the efficiency of operation; to determine the personnel,
methods, means, and facilities by which operations are conducted;
j) to set the starting and quitting times and the number of hours and shifts to
be worked;
k) to use independent contractors to perform work or services;
1) to subcontract, contract out; expand, reduce alter, combine transfer assign,
or cease any job, department, operation or service;
m) to control and regulate the use of facilities, equipment, and other property
of the Employer;
n) to introduce new or improved research, production, service, distribution,
and maintenance methods, material, machinery, and equipment;
o) to determine the number, location and operation of department, divisions
and all other units of the Employer;
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p) to issue, amend and revise policies, rules, regulations, general orders,
administrative directives, and practices.
4.1.2. Non-Waiver: The Employer's failure to exercise any right,prerogative,
or function hereby reserved to it, or the Employer's exercise of any such right,
prerogative, or function in a particular way, shall not be considered a waiver of
the Employer's management right to exercise such right, prerogative, or
function in a particular way, shall not be considered a waiver of the Employer's
management right to exercise such right, prerogative, or function or preclude it
from exercising the same in some other way not in conflict with express
provisions of this Agreement, however, the Employer recognizes that RCW
41.56 may impose an obligation for the Employer to negotiate changes in
wages, hours, and working conditions not covered by this Agreement.
4.2. Employer Options
4.2.1. The Employer and the Guild hereby recognize that delivery of services
in the most efficient, effective, and courteous manner is of paramount
importance to the Employer, and as such, maximized performance is recognized
to be an obligation of employees covered by this Agreement.
4.3. Performance Standards
4.3.1. The Employer shall have the right to establish and maintain performance
standards. Such standards that are in effect may be used to determine
acceptable performance levels, prepare work schedules, and measure the
performance of an employee. The Employer shall have the right to implement
and prepare work schedules consistent with the terms and conditions of this
Agreement. When management makes a revision of performance standards and
or policies, the Guild shall be notified prior to implementation of the change.
5. EMPLOYMENT POLICIES
5.1. No-Strike Clause
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5.1.1. The Employer and the Guild agree that the public interest requires the
efficient and uninterrupted performance of all the Employer's services and to
this end, pledge their best efforts to avoid or eliminate any conduct contrary to
this objective. The Employer and the Guild recognize that the cessation or
interruption of the services of the employees is in violation of this Agreement.
5.1.2. The Guild and the employees shall not cause or engage in any work
stoppage, strike, slowdown, or other interference with Employer functions. No
employee shall willfully absent himself or herself from his or her position, or
abstain in whole or in part from the full, faithful and proper performance of his
or her duties of employment for the purpose of inducing, influencing or
coercing a change in his or her conditions of compensation, or rights, privileges,
conditions or obligations of employment of themselves, fellow employees, or
other employee groups.
5.1.3. The Guild agrees and all employees agree, it and they shall not, at any
time, authorize, instigate, sanction, cause, participate in, encourage, or support
any strike affecting the Employer. Strikes shall also be defined to include, but
shall not be limited to, slowdowns, stoppages of work, tie-ups, sit-ins, mass
absences due to sickness or other reasons, demonstrations, picketing (except
where constitutionally permitted), boycotts, obstructionism, or any other form
of concerted activity such as disruption, interruption, or interference in any
manner or kind whatsoever with any and all operations, facilities or activities
of the Employer. The Guild and the Employees agree that they will not honor
any picket line established by any labor organization in the event of being called
upon to cross such picket line in the performance of duty.
5.1.4. Employees who engage in any of the foregoing prohibited actions shall
be subject to such disciplinary or discharge actions as may be determined by
the Employer including, but not limited to, recovery of any financial losses
suffered by the Employer as a result of such prohibited actions.
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5.1.5. Employees shall not be entitled to any benefits or wages whatsoever
while they are engaged in a strike, boycott, slowdown, mass sick call, any form
of work stoppage, refusal to perform duties, or other interruption of work or
prohibition contained in the foregoing paragraphs.
5.1.6. In the event the Employer determines that a breach of any of the foregoing
provisions has occurred, the Employer shall, as soon as possible, attempt to
notify the Guild of the alleged breach.
5.2. Meal & Rest Periods
5.2.1. Employees shall have a paid meal period of thirty (30) minutes.
Employees will be able & available for call-back to duty during meal and rest
periods. There will be no overtime compensation for missed meal periods.
5.2.2. Employees working three (3) or more hours longer than a normal work
day shall be allowed at least one (1) thirty (30) minute meal period prior to or
during the overtime period. Employees working four (4) or more hours will be
allowed an additional rest period.
5.2.3. Employees shall be allowed a rest period of not less than fifteen minutes,
on the Employer's time, for each four (4) hours of working time. Rest periods
shall be scheduled as near as possible to the midpoint of the work period. No
employee shall be required to work more than three (3) hours without a rest
period. Rest breaks within a 15 minute radius of the courthouse, with the
employee able & available for call-back to duty.
5.3. Jury Duty
5.3.1. An employee shall be allowed time off without loss of pay for serving
on jury duty. Any compensation and mileage received by the employee from
the court for performing such service may be retained by the employee due to
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the administrative costs of reimbursement. Employees released from jury duty
during working hours will immediately return to work.
5.4. Military Leave
5.4.1. An employee who is a member of a military reserve force of the
United States or of the State of Washington shall be entitled to and shall be
granted military leave of absence from county employment, not to exceed
twenty-one (21) days during each calendar year. Such leave shall be granted in
order that the person may take part in active training duty in such manner and
at such times as he or she may be ordered to active training duty. Such military
leave of absence shall be in addition to any vacation or sick leave to which the
employee might otherwise be entitled, and shall not involve any loss of
efficiency rating, privileges or pay (RCW 38.40.060). During the period of
military leave, the employee shall receive from the Employer his or her normal
pay.
5.5. Staff Meetings
5.5.1. The Employer shall be permitted to call mandatory attendance staff
meetings. These meetings may consist of all or only a portion of the staff,
dependent upon job position classification. An employee shall be compensated
for all time in mandatory attendance with a minimum of two (2) hours at his or
her applicable rate of pay.
5.5.2. The two (2) hour minimum shall not apply when such meetings take
place during the employee's regular shift hours or when the meeting is
contiguous and without a break in service to the employee's shift hours. Except
in cases of emergency or other circumstances warranting shorter notification,
five (5) calendar days prior notification of meeting time and dates shall be
provided to the employees.
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5.5.3. Employees on prior approved vacations will not be required to
attend mandatory meetings.
5.6. Training
5.6.1. The Director is permitted to conduct, or direct the attendance of an
employee, and each employee shall attend, any and all school and training
sessions as mandated by the Employer. All travel time for employees
commuting to training outside of the employee's normal portal to portal travel
shall be paid at the employee's applicable rate of pay provided such training
takes place outside of Lewis County.
5.6.2. All mandatory training, as required by the Employer or mandated
by State Law, shall be considered working time and shall result in compensation
at the employee's applicable rate of pay for actual class time.
5.6.3. Employees who report to work directly to an alternative work site
within Lewis County will be paid for only actual hours of work and not transit
to and from the alternate work site nor shall such employees be compensated
for lunch provided that an employee's lunch period can be taken without
restrictions.
5.6.4. Voluntary attendance at non-required training courses, for the
purpose of individual career advancement or enhancement, shall not be
considered compensable work time provided that the following four (4) general
principles are met:
a) Attendance is outside the employee's regular working hours; and
b) Attendance is in fact voluntary. It is not voluntary if attendance is
required by the Employer or if the employee is led to believe that non-
attendance will prejudice working conditions or employment standing; and
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c) The employee does not perform productive work during such attendance;
and
d) The program lecture, or meeting is not directly related to the employee's
job.
5.6.5. In the event that an employee is released by the Director or designee
from the entirety of the employee's regularly scheduled shift so as to facilitate
the employee's travel to the training location, compensation will be in
accordance with the Lewis County Travel Policy and the FLSA (Federal Labor
Standards Act). The Lewis County Travel Policy will be issued as part of
orientation package.
5.6.6. An employee may be directed by the Director or designee to
undergo a psychological evaluation to identify a mental disorder or impairment
provided that the Employer can show that such examination is job-related and
consistent with business necessity. Additionally, "job related and consistent
with business necessity" must involve one of the following circumstances:
a) When an employee is having difficulty performing his or her job
effectively.
b) When an employee becomes disabled on the job or wishes to return to
work after suffering an illness or injury.
c) If an employee requests an accommodation.
d) If medical examination, screening and monitoring is required by other
laws.
5.6.7. Psychological Evaluation: The Employer shall be given a copy of
the psychologist's report provided, however, the patient/doctor confidential
relationship shall be otherwise maintained. The Employer shall select the
evaluator and pay for the cost of such evaluation and/or counseling. Time in
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attendance at the Employer mandated evaluations or counseling shall be
considered compensable time payable at the employee's applicable rate of pay.
5.6.8. An employee may be requested by the Director or designee to
attend a Critical Incident debriefing. If the employee honors such request and
attends, all time in attendance shall be compensated at the employee's
applicable rate. In the event that the employee declines to attend, the employer
shall not compel such attendance. It shall not be compensable time when an
employee, without direction of the Director or designee, attends any Critical
Incident Stress debriefing.
5.7. Liability Insurance Coverage
5.7.1. Upon inquiry, an employee shall be provided with the Employer's
liability insurance carrier's name and amount of coverage, or the fact and extent
of self-insured status.
5.7.2. Where the employee has acted in good faith and within the scope of
employment, and has not willfully committed acts or omissions which are
wrongful, the Employer shall provide legal representation for the employee and
the employee's marital community in an action filed against an individual
employee for job related civil actions, and where the Employer has undertaken
or should have undertaken representation, the Employer shall assume full
responsibility for any monetary damage made by the court.
5.8. Hearing Examinations
5.8.1. The Employer shall provide, at Employer expense, hearing
monitoring and testing once a year for all employees, to be held in June or July.
The Employer shall communicate with each employee in order to attempt to
have appointments scheduled at a time convenient to each individual employee.
Copies of results shall be provided to the employee and a copy shall be placed
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in the employee's medical file. Each employee shall attend such examination
and such time in attendance shall be deemed compensable working time.
5.8.2. An employee who develops a medical problem associated with the
use of standard-issued ear phones shall notify the Employer in writing of the
alleged problem. The Employer may request the employee to be examined by
a physician and /or specialist of the Employer's choice. Should the results of
the examination indicate that a custom fitted ear piece will alleviate the medical
problem, the Employer shall authorize the employee to be fitted with a custom-
made ear piece. The cost of the ear piece shall then be paid for by the Employer.
5.9. Labor Management Meetings
5.9.1. Labor/management meetings shall be held as needed upon the
mutual agreement of the Employer and the Guild. The purpose of such
meetings is to facilitate communication between the Employer and the Guild
on matters relating to collective issues and concerns affecting the Employer and
the bargaining unit. These meetings are not intended to supplant or replace the
grievance procedure, circumvent the contract provision negotiations procedure,
or to air individual employee concerns.
5.9.2. On behalf of the Guild, only the Guild representative and the two
(2) elected stewards shall be present for the purpose of representation of the
Guild's position. No more than three (3) Employer representatives shall be
present for representation of the Employer's position. Employee attendance at
such meetings shall be compensated at the employee's applicable rate of pay.
By mutual written agreement, additional employees may attend the meetings.
Unless the Employer and Guild mutually agree otherwise, this provision shall
expire on the termination date of this instant contract.
5.10. Vacation Transfer
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5.10.1. Any employee with more than one (1) year of completed service in
an established and budgeted position may transfer a portion of his/her accrued
annual leave to another regular full-time or part-time employee with more than
one (1) year of completed service in an established and budgeted position. This
transfer is contingent upon approval by the department head for both the
employee authorizing and the employee receiving the transfer. The transfer is
further restricted for the purposes of catastrophic or extended illness of the
employee or the employee's immediate family as defined in sub-section 5.10.5
below. To effect the transfer, when different funds are involved, cash will be
transferred from the fund of the donating employee to the fund of the recipient
employee.
5.10.2. No employee may transfer annual leave time to another if such
transfer would leave the transferring employee less than forty (40) hours of
credited annual leave. No employee may receive more than two hundred forty
(240) hours of transferred annual leave for any one catastrophic illness or in any
calendar year, whichever is longer.
5.10.3. The employee transferring the annual leave time shall authorize the
transfer in writing. Copies of the written authorization shall be provided to the
receiving employee's department head and the auditor's office for payroll
purposes. This voluntary transfer of leave time, once authorized, is not
revocable by the transferring employee. Should the receiving employee not
need to use the transferred annual leave time due to death, illness recovery,
separation from county employment, that transferred leave time shall revert
back to the transferring employee. Annual leave time transferred by qualifying
employees shall be transferred in increments equal to the total number of hours
in the workday of the employee transferring the leave time. The hours
transferred shall be converted to dollars at the hourly rate of pay for the
transferring employee. Once transferred, they shall be reconverted to hours
based on the receiving employee's hourly rate of pay.
5.10.4. The transfer of annual leave time shall be available only if the
receiving employee is suffering from an injury, illness or disability preventing
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the employee's return to work and only to the extent that such leave is in excess
of the receiving employee's accumulated annual leave time, sick leave time,
compensatory leave time or leave with pay to which that employee is entitled.
5.10.5. Transfer of leave time may also be used for any employee whose
immediate family member: i.e., spouse or child, suffers from a catastrophic
injury, illness or disability preventing the employee's return to work and that
employee has exhausted all of his/her accumulated annual leave time, sick leave
time, compensatory leave time, and other leave with pay to which that employee
is entitled. In the event of death of such family member, the transferred leave
time may be used during a period of bereavement not exceeding fourteen (14)
calendar days from the death.
5.10.6. Transferred annual leave hours must be used within ninety (90)
calendar days following the date of transfer. Any and all transferred annual
leave hours are expressly excluded from termination annual leave pay-off
provisions.
5.11. Personnel Files
5.11.1. The Employer's personnel office shall be the official repository for
the official personnel file and medical records file for each employee in this
bargaining unit. Such repository may be changed at the sole discretion of the
Employer provided advance written notice is given to the Guild.
5.11.2. Each employee shall have the right of inspection and review of his
or her personnel file, in accordance with the following proscriptions. The
review and inspection shall be an Employer or designee supervised inspection.
The employee shall not alter or remove any document contained in the
personnel file. Such inspection shall occur not more frequently than once per
calendar year unless the Employer otherwise consents. Any third party agent,
Guild or otherwise, of the employee shall be permitted review and inspection
only if authorized, in advance and in writing, by the employee. The inspection
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time and date shall be at the mutual convenience of Employer and employee,
but in any event shall not be later than ten (10) days following the employee's
request.
5.11.3. An employee may provide rebutting written information to be
included in his or her personnel file if the file content, or any portion thereof, is
believed by the employee to be incorrect and the Director and/or designee
refuses to authorize the removal of such information.
5.11.4. No information, documents or material will be placed in an
employee's personnel file except: (1) by written notification to the employee,
or (2) with the employee's knowledge by providing a copy to the employee.
Only the Director, Manager or designee shall be empowered to place
information, documents or material in an employee's personnel file.
5.12. Guild Meetings
5.12.1. Unless authorized in advance by the Director or designee, no Guild
membership meetings (except with respect to implementation of the grievance
procedure) shall be conducted at the Employer's Communications Center
premises. This provision shall not preclude Guild representative access to an
employee, provided such access does not interrupt the conduct of the
communications center or the conduct of the employee's duties. Guild meetings
may be conducted in the Communications Center providing it does not impact
the normal operations of the center.-Kitchen/breakroom are authorized.
5.12.2. Employees attending Guild meetings will not be compensated by the
Employer.
5.12.3. Guild Business will not be conducted on County Equipment. The use
of computers, network, email systems, printers, and office supplies shall not be
used for the purposes of conducting Guild operations of any sort. De minimus
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use of email for notifications is approved, and subject to PDR. Guild members
will not represent themselves as such on County time.
5.13. Leave of Absence
5.13.1. The Employer at the Employer's sole discretion may grant a leave
of absence upon written request from an employee. An employee shall have
his or her seniority date adjusted by the duration of the leave, except in the case
of an educational leave. Upon the expiration of the authorized leave of absence,
the employee shall be reinstated in his or her previous position or an equivalent
position in the event the original position no longer exists.
5.13.2. Pregnancy/Childbirth Leave of Absence: Pregnancy and childbirth
leave shall be granted in accordance with applicable state law in coordination
with the County's Family and Medical Leave Act policy. An employee on such
leave shall not have her seniority date adjusted and shall, upon return, be
reinstated in her original classification, or one substantially equivalent, without
reduction in wage or benefit.
5.13.3. Military Leave of Absence: Any employee who is a member of a
military reserve force of the United States or of the State of Washington shall
be entitled to and shall be granted military leave of absence from county
employment, not to exceed twenty-one (21) work days during each October 1
through September 30. Such leave shall be granted in order that the person may
take part in active training duty in such manner and at such times as he or she
may be ordered to active training duty. Such military leave of absence shall be
in addition to any vacation or sick leave to which the employee might be
otherwise entitled, and shall not involve any loss of efficiency rating, privileges
or pay (RCW 38.40.060). During the period of military leave, the employee
shall receive from the Employer his or her normal pay. The employee shall
provide the Employer with a copy of orders prior to reporting for duty. Any
additional leave will be considered under applicable federal law.
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5.13.4. Family and Medical Leave: An eligible employee shall be allowed
to participate in, be subject to, and be entitled to the leave provisions provided
by County Resolution state or federal law. More information may be obtained
in the Employee Handbook attachments.
5.13.5. Paid Family Leave: RCW 50A.04.115 prescribes the
employer/employee premiums to be paid under the Family Leave Program. The
Employer will pay the employee's share of the premium for family leave for
the remainder of calendar year 2019. Beginning January 1, 2020, the employee
will pay a premium amount for family leave through payroll deduction equal
to the amount bargained between the Employer and other Lewis County non-
binding interest arbitration labor groups.
5.14. Sub-Contracting
5.14.1. Severance Package: In the event the Employer sub-contracts out
bargaining unit work as permitted by the terms and conditions of this
Agreement, and the affected employee(s) employment is severed, such
employee shall be entitled to the following:
a) One (1) week (forty (40) hours) of severance pay at the employee's
applicable hourly rate of pay for each twelve (12) months of service with
Lewis County. The minimum severance payment shall be one (1) week
(forty (40) hours) at the employee's applicable rate of pay.
b) Health & Welfare coverage shall be provided as follows:
Month of Service Term of Coverage
0-108 Month of Layoff plus two (2) months of coverage
109-228 Month of Layoff plus four (4) months of coverage
229 or more Month of Layoff plus six (6) months of coverage
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6. EMPLOYMENT COMPENSATION
6.1. Employee Classifications & Salaries
6.1.1. Employee classifications and salary schedule is attached to this
Agreement as Appendix A. Any subsequent modified salary schedule shall also
be attached as an appendix.
6.2. Pay Period
6.2.1. Pay days will be the 10th and 25th of each month. Compensation for
time from the Pt of the month through the 15th shall be paid on the 25th, and
compensation for time from the 16th through the end of the month shall be paid
on the loth of the following month. Should the 10th or 25th fall on a non-work
day, i.e. Saturday, Sunday, or Courthouse Holiday, the payday shall be the first
work day preceding the 10th or the 25th. Earned overtime shall be subject to
payment in the pay cycle the overtime was earned.
7. COMPENSABLE HOURS
7.1. Hours of Work
7.1.1. Shift hours for a full-time employee, the regular work week shall
consist of four (4) ten (10) hour days with three (3) consecutive days off,
however, for non-supervisory employees, the Director or designee shall be
permitted to designate a maximum of two (2) shifts, utilizing a workweek
configuration of two (2) consecutive days off and the third (3rd) day off non-
consecutive with the first two. This change would only occur at the beginning
of a calendar year, or if emergent necessity [DEM activation is a defined
emergent necessity] makes it appropriate to change shifts, Management will
discuss with Guild in advance if possible.
a) The schedule and-hours of work of part-time, training and probationary
employees shall be subject to the sole discretion of the Director or
designee.
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Such hours and work schedule can be adjusted by the Director or designee
based upon business necessity.
b) Supervisors' schedules need not be the same schedule as the line staff
c) Shift hours shall be considered a time frame from days to nights.
d) Shift schedule shall be considered employee days worked and days off.
7.1.2. Shift Bid: Shift bid shall be by seniority. The employer will post a
shift schedule for members that are eligible to make their selection (full time
dispatchers that are not trainees or on probation) and there will be no black out
shifts on the schedule. Members shall select their shift by placing their initials
on the shift schedule. The shift schedule shall remain in the communication
center from October 1st through October 31 St. [As an example, if there are 15
non-probationary full time dispatchers the Employer will provide a 15 slot
schedule. The Employer will have already reserved spots in the schedule for
trainees and probationary employees that are not available for selection]. This
provision is subject always to the Director's management right and
responsibility to protect public safety and ensure effective and efficient
operating needs of Lewis County 911. Shift bid selection will be based on
seniority, unless one or more of the following conditions exists:
1. Employee is on probation and will be assigned a shift.
2. An employee moving from training to probationary status falls under
option 1 above.
3. Shift imbalance exists due to employee experience.
a. Example: One side of the work week has the most senior
employees and the other side has probationary employees with the
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least senior employees. This imbalance creates a situation that
negatively affects our mission.
4. Employee is experiencing performance issues and needs to be moved to
another shift.
a. Example: An employee is struggling with performance issues and
changing shifts will provide the best opportunity for the employee
to succeed and meet our mission.
b. Employer will make a reasonable effort to prevent displacing other
uninvolved employees on established shifts who do not want to
move in order to accommodate the corrective move.
7.1.3. Shift bid
(a) Management will request the staff submit their shift bid between
October 1" and October 31 St. Management agrees to post the final
schedule by the first week of November. Shift schedules and rotation of
days off are set by the employer.
(b) Shift vacated: After the schedule has been set, if a shift becomes
open prior to or during the calendar year, the shift shall be filled by
seniority._If Management choses to fill the open shift, notification will be
put out to the employees regarding the shift opening. Any full-time, non-
probationary employee can request the open shift. The employee
selected to fill the open position is not guaranteed their approved
vacations once they move to the new shift.
7.1.4. The Director reserves the right to direct the Supervisors to begin a
sequential shift assignment rotation on a quarterly, semi-annually, or annual
basis provided the Director's intent to implement such change is made, in
writing, to the Supervisors a minimum of one (1) full quarter in advance of the
effective date of change. Supervisor shifts shall be initially staffed by seniority
but will rotate sequentially on a quarterly basis thereafter. At the sole discretion
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of the Director, supervisor rotation can be less often than quarterly (i.e. semi-
annually or annually). If the Director chooses to effect a change, written notice
shall be provided to the Guild. Any change will continue in effect for at least a
one (1) year period, after which the Director may return to a shorter duration or
rotation.
7.1.5. Deviation of an individual employee's established hours of work of
the designated work schedule may be made by mutual agreement between the
Director and the employee, or pursuant to the Director's direction under
"Operational Requirements" of 7.1.7.
7.1.6. The Director or designee shall retain the right to adjust an employee
from his or her assigned shift to accommodate operational requirements
provided that a minimum of forty-eight (48) hours' notice, prior to the
commencement of the adjusted start time, is actually provided to the employee
either verbally or in some written form (including E-mail). This does not include
mandates.
a) Forty-eight (48) hours shall be defined as forty-eight (48) hours prior to
the commencement of the adjusted start time.
b) When notification is to be made, a reasonable expectation must exist that
the employee will receive such notification within the minimum notification
period set forth above, otherwise the notification must be made verbally. In
either case, the Director or designee shall provide to the employee the
specific reason which necessitated the change at the time notification of such
change is made. If verbal notification is given, the Director or designee shall
generate an e-mail message to the employee verifying the reason for the
change.
c) An employee may agree to waive the notification period and the reasons
for such change. Failure to provide forty-eight (48) hour notification or the
appropriate statement of reasons for the change, shall result in the payment
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to the affected employee the equivalent of one (1) workday at the employee's
overtime rate of pay.
7.1.7. "Operational Requirements" shall include, without limitation,
coverage for absence and/or personnel administration considerations. An
employee shall be returned to his or her shift once the special operational
requirements no longer exist. "Operational requirements" shall include the
necessity to minimize overtime.
a) An employee shall be provided a minimum of ten (10) hours off duty at
any time an authorized modification is made to an employee's hours of work
or work schedule. Whenever a change is made due to operational
requirements, the employee shall be provided, in writing, the specific reason
why the change is necessary.
7.1.8. Only employees who are designated representatives of the Lewis
County Communications Center who attend fairs or county-wide "shows" shall
be entitled to any compensation. Any employee who voluntarily shows up shall
not be considered to be "on the clock."
7.2. Overtime
7.2.1. Compensable hours of work in excess of ten (10) hours per day,
depending upon the employee's scheduled shift, or in excess of forty (40) hours
per designated work week, shall be paid at the rate of time and one-half the
employee's regular hourly rate of pay, or paid in the form of compensatory time
off in accordance with the compensatory time provisions of Section 7.3. If only
two dispatchers are working a shift that should normally be staffed at 3 or more, they
shall be compensated at the overtime rate for a minimum of 2 hours. The two
dispatcher overtime provision shall sunset December 31, 2023. Should staffing
remain an issue in the communications center in December of 2023, the County is
open to further negotiation and consider an extension of this provision for 2024.
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a) Compensable hours shall be defined as any hours in which compensation
is paid to an employee, including but not limited to paid sick leave, vacation,
compensatory time, administrative leave, etc.
b) The employee shall record all earned overtime on his or her appropriate
payroll period time sheet and with an accurate authorization form attached
as backup. Overtime will not be paid until proper documentation is received
by the manager or designee.
c) All unscheduled overtime pay must be submitted and verified by the end
of the workweek. Failure to timely submit the verified overtime pay may
result in delay of such pay.
7.2.2. The Employer, by mutual agreement with the employee, may adjust
an employee's shift hours, in which case the applicable daily overtime threshold
shall not apply.
7.2.3. All overtime shall be subject to approval of the Director or
designee.
7.2.4. The employee shall record all earned overtime on his or her
appropriate payroll period time sheet.
7.2.5. Overtime eligibility during the normal annual rotation period and
regular scheduled day off rotation may be determined by forty (40)
compensable hours in the designated workweek. The designated workweek
shall be defined as Monday @ 0000 hours through Sunday @ 2400 hrs.
7.2.6. An employee's regular hourly rate of pay for overtime calculation
purposes shall comply with the Fair Labor Standards Act.
7.2.7. Overtime assignments, which become known to the Employer or
designee at least twenty-four(24) hours in advance, shall be made in accordance
with the Employer's established overtime assignment policy. However,
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employees may only volunteer for a maximum of (10) hours of overtime. If
after all employees have been offered the available overtime and overtime hours
still exist then, employees with (10) hours may volunteer for the available
overtime hours.
7.2.8. Mandated Overtime Policy: Listed below is the overtime policy
relative to mandating employees to work overtime assignments when such
vacancies have not been filled by employee volunteers. A mandated overtime
assignment board shall be implemented following ratification of this agreement.
The initial probationary employee placement on this rotational board shall be
placed at the top of the list.
a) Known shift vacancies, which have not been filled by a volunteer, may
be assigned by 911 Communications Administration staff or their
designee. If the shift is five (5) hours or greater in length, the employee
working the shift will be moved to the bottom of the mandate list when
the shift is completed.
b) The employee on top of the list shall be mandated to work the available
overtime assignment unless one of the below listed circumstances exist, in
which case, the responsible person shall move to the next person on the list.
1) If mandated overtime assignment would result in an employee working
a "double back" shift, such employee shall be entitled to a bye; and/or
2) If an employee has already worked more than thirty (30) hours of
volunteer and/or mandated overtime in the calendar month, such
employee shall be entitled to a bye; this does not include staff shortages
and/or
3) If an employee is on his or her regular scheduled days off with such
time off being consecutive to a pre-approved ten (10) hour scheduled time
off regardless of whether the employee's regularly scheduled days off are
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at the beginning or at the end of the scheduled time off, e.g. vacation,
comp time, such employee shall be entitled to a bye.
c) Once an eligible employee has worked a mandated overtime assignment
such employee shall be rotated to the bottom of the mandated rotational list.
d) A contiguous work assignment, such as a "hold over" work mandate,
does not constitute a "mandated" overtime assignment for purposes of this
section.
4) If an employee refuses and or calls out sick for their mandate (not
including the bye request) that Employee will be placed at the top of the
mandate list.
7.3. Compensatory Time
7.3.1. An employee may accrue compensatory time in lieu of receiving
overtime wages. The Director or designee shall have discretionary authority to
approve or deny the use of compensatory time. Compensatory time shall accrue
at the rate of time and one-half for each overtime hour worked and shall be
subject to the following conditions.
7.3.2. An employee shall not accumulate more than thirty (30) hours of
compensatory time.
7.3.3. With the prior approval of Employer, an employee may convert all
or part of accrued compensatory time to wages at his or her applicable rate of
pay at the time of accrual. Request for cash out of accrued compensatory time
shall be made in writing, specifying the amount to be cashed out, and submitted
to the Director or designee no later than ten (10) days prior to the end of the
current pay cycle (i.e. the 5th or the 20th of the month).
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7.3.4. Compensatory time off may be utilized in one (1) hour increments.
7.3.5. The Employer shall post, on a quarterly calendar year basis, the
balance of each employee's accrued compensatory time.
7.3.6. Once the scheduling of the taking of compensatory time off is
approved, it may only be canceled in the event of an emergency endangering or
substantially impairing Employer services to the public, or in situations which
have developed beyond the control of the Employer. Scheduling of
compensatory time shall not pre-empt scheduled and approved vacation time.
7.3.7. The Employer shall take no retaliatory or unfair discriminatory
action against any employee by reason of the employee's choice of overtime
wages or compensatory time off.
7.4. Call Time
7.4.1. Whenever an off duty employee is called back to work by the
Director or designated or authorized representative there will be a guarantee of
two (2) hours compensable time from the time of reporting to the designated
place of employment. Any time over such guarantee will be paid for the actual
time worked at the applicable hourly rate of pay. Call-in minimums shall not
apply when the employee works additional time contiguous to his or her regular
shift hours. An employee that is not provided two (2) hours notification of the
cancellation of their mandatory attendance shall receive two (2) hours
compensation at his or her applicable rate of pay.
7.5. Court Time
7.5.1. An employee having to attend, by reason of his or her official duties,
any court proceeding or hearing while off duty will be paid a minimum of two
(2) hours at time and one-half his or her regular hourly rate of pay. Any
additional time spent in any court or hearing will be paid at one and one-half
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times his or her regular hourly rate of pay; any part of an hour constituting one
(1) full hour.
7.5.2. The two (2) hour minimum shall not apply to hours worked
contiguous to the employee's regularly scheduled hours of work.
7.5.3. Any compensation received from the court or from private parties
for civil cases, shall be refunded to the Employer. All civil case court
attendance during the employee's work shift hours shall be subject to approval
in advance by the Director or designee. A copy of the subpoena or relevant court
document shall be timely provided to the Director or designee.
8. EMPLOYEE BENEFITS
8.1. Health & Welfare Insurance
8.1.1. Effective January 1, 2023, the Employer shall provide health and welfare
insurance for each regular full-time and regular part-time employee who was
compensated for eighty (80) hours or more in the preceding month. Any regular
part-time employee regularly scheduled to work twenty (20) or more hours per
week and shall be entitled to County paid benefits in proportion to the
percentage of time normally scheduled to work factored against full time
employment.
8.1.2. Effective January 1, 2023, the Employer will increase their premium
contribution an additional sixty five dollars ($65.00) per plan per month toward
the insurance premiums for defined medical, dental, and vision plans.
8.1.3 Effective January 1, 2024, the Employer will increase their premium
contribution an additional twenty five dollars ($25.00) per plan per month
toward the insurance premiums for defined medical, dental, and vision plans.
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8.1.4 Effective January 1, 2025, the Employer will increase their premium
contribution an additional twenty five dollars ($25.00) per plan per month
toward the insurance premiums for defined medical, dental, and vision plans.
8.1.5. Should the Employer's contributions be insufficient at any time to fully fund
the premiums charged by the respective insurers for the coverage in which
an Employee or his family members are enrolled, then the Employer may
deduct the deficiency from the Employee's monthly salary and remit it to the
insurers, along with the Employer's contribution amount.
8.1.6. In the event that the incumbent health insurer provides notice of its intention
to cease to insure the Employees in whole or in part, the parties shall proceed
as follows:
8.1.7. The parties shall meet promptly to bargain successor insurance coverage.
8.1.8. If their bargaining is unsuccessful, the County shall enroll each Employee
in an insurance plan available to it and to all or the Employees through an
insurer with which the County then obtains group health insurance for other
of its employees. The parties then shall bargain over the effects of the
change.
8.1.9. In either event, the Employer shall pay a sum per Employee each month, up
to the amount set out in Section 8.1.2.
8.2. Vacation
8.2.1. An employee shall accrue vacation in accordance with the
following schedule. Vacation leave is accrued but may not be taken until after
an employee has completed six (6) consecutive months of employment. Actual
accrual shall be made on a monthly basis and shall be credited to the employees'
account for use in the month following the month in which the benefit is earned.
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MONTH S OF ACCRUAL RATE ACCRUAL
COUNTY HOURS PER RATE HOURS
SERVICE MONTH PER YEAR
0-12 8.50 102
13-24 8.50 102
25-36 9.00 108
37-48 9.50 114
49-60 10.66 128
61-72 10.66 128
73-84 11 .00 132
85-96 11 .50 138
97-108 12.00 144
109-120 12.66 152
121-132 12.66 152
133-144 13.00 156
145-156 13.50 162
157-168 14.00 168
169-180 14.50 174
181-192 14.50 174
193-204 15.00 180
205-216 15.50 186
217-228 16.00 192
229+ 16.33 196
8.2.1 a) Beginning January 1, 2023, an employee shall accrue vacation
in accordance with the following schedule. Vacation leave is accrued but
may not be taken until after an employee has completed six (6)
consecutive months of employment. Actual accrual shall be made on a
monthly basis and shall be credited to the employees' account for use in
the month following the month in which the benefit is earned.
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MONTH S OF ACCRUAL RATE ACCRUAL
COUNTY HOURS PER RATE HOURS
SERVICE MONTH PER YEAR
0-12 8.50 102
13-24 9.00 108
25-36 9.50 114
37-48 10.00 120
49-60 11 .00 132
61-72 11.00 132
73-84 11 .50 138
85-96 12.00 144
97-108 12.50 150
109-120 13.00 156
121-132 13.00 156
133-144 13.50 162
145-156 13.50 162
157-168 14.00 168
169-180 14.50 174
181-192 15.00 180
193-204 15.50 186
205-216 16.00 192
217-228 16.50 198
229+ 17.00 204
8.2.2. An employee may schedule vacation time provided the time
scheduled will be accrued prior to the commencement of an employee's
scheduled vacation.
8.2.3. For the purpose of this Vacation article, employees shall be credited
only for prior service with this Department with the exception of those
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employees listed on Vacation Prior Service Appendix attached hereto, which
service status is "grandfathered" into this Agreement.
8.2.4. Vacation may be utilized and charged in units of one-half (1/2)
hour.
8.2.5. In the event that an employee is required to attend court under the
provisions of Section 7.5, COURT TIME, and is on vacation at the time, the
employee, in addition to pay in accordance with such section, shall not be
charged a vacation day (eight (8) hours or ten (10) hours or twelve (12) hours,
whichever is applicable) for the day during which court attendance occurs.
8.2.6. All vacation requests are subject to the approval of the Employer
based upon their operational necessity.
a) Primary Vacation Requests: Seniority shall be utilized in the approval of
primary vacation requests for the following year and shall be submitted by
November 15th and approved/denied by November 30th=of each calendar
year. Vacations selected during the primary request shall be limited to a
maximum of(2) weeks (80 hours).
b) Secondary Vacation Requests: Secondary vacation requests shall be
submitted by December 15th and approved by December 30th of the calendar
year. Seniority shall be utilized in the approval of secondary vacation
requests. Vacations selected during the secondary request shall be limited to
a maximum of(1) week (40 hours and can be taken in 10 hour blocks up to
one 40 hour block.
c) First Come First Serve Vacation Requests: All subsequent vacation requests,
starting no earlier than January 1st at 1800 hours, throughout the calendar
year, shall be approved on a first submittal basis, no matter what the month.
In order for new employees to be eligible to take vacation time, they must be
employed for six (6) months and signed off on phone, law, and fire training.
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Vacation or compensatory time will generally not be permitted without
written Director's approval or as agreed upon as part of the recruitment
process.
8.2.7. Once scheduled, an employee's vacation leave block of time shall not
be changed without mutual agreement of the Employer and employee or unless
an emergency exists. The term "emergency" shall not include Employer
scheduling errors or payment of overtime to fill the vacant shifts.
8.2.8. The Employer may elect to call in an employee while the employee is
on vacation leave. If an employee is called back into service while on a day of
vacation leave status, such employee shall:
a) not be debited vacation for all hours worked during that day;
b) afforded priority in the rescheduling of any vacation which was deferred
as a result of such non-debit; and
c) be paid double the employee's usual rate of pay for all hours worked
during such day inclusive of any overtime premium payment. At no time
does the employee receive more than twice their pay for any hours worked
that day. This provision does not provide for pay pyramiding.
8.2.9. If the vacation day falls within a shift rotation which is within the
designated workweek and the employee exceeds forty (40) hours of work
during such week, then the employee shall:
a) not be debited vacation for all hours worked during that day;
b) afforded priority in the rescheduling of any vacation which was deferred
as a result of such non-debit; and
c) be paid at two and one-half times the employee's usual rate of pay for all
hours worked during such day, inclusive of any overtime premium payment.
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8.2.10. If the employee is on a scheduled day off which is contiguous to the
employee's scheduled ten (10) hours of vacation leave, and is called into service
by the Employer on an emergency basis, the employee shall receive two and
one-half times the employee's normal rate of pay for all hours worked that day.
At no time does the employee receive more than two and one-half times their
pay for any hours worked that day. This provision does not provide for pay
pyramiding.
8.2.11. An employee who separates from employment shall be paid for a
prorated portion of accrued days. Annual leave may be accrued to a maximum
of three hundred twenty (320) hours, subject, however, to potential loss of that
portion of the accrual in excess of two hundred forty (240) hours. An employee
who retires, suffers termination of employment, or is laid off shall be paid by
the Employer at the ensuing payday for any unused accrued annual leave, but
in any event not to exceed a maximum of two hundred forty (240) hours. If an
employee is separated from service within the first six (6) months of
employment, no accrued annual leave shall be payable. An employee who has
accrued over 240 hours and is denied usage in December may extend their
request into the subsequent year by 30 days, providing the time off is taken
within the first 90 days of the subsequent year.
8.2.11(a) Effective December 1, 2022, employees with two hundred
eighty (280) hours of vacation time shall be eligible to receive forty (40) hours
payout of vacation hours based on the hours available on December 1, 2022.
Employees with three hundred (300) or more hours shall be eligible to receive
eighty (80) hours of vacation payout based on hours available on December 1,
2022. This bonus provision shall sunset on December 31, 2022.
8.2.12. Upon approval of the Director or designee, an employee may request
to be cashed out for all vacation in excess of one hundred twenty (120) hours
accrual. Such request must be made in writing to the Director or designee at
least thirty (30) days in advance of the proposed cash out payday, which must
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be a regular payday, and if approved, such cash out hours shall be paid at the
next payday at the employee's straight time rate of pay.
8.3. Sick Leave
8.3.1. With each month of completed continuous employment with the
Employer, sick leave, with pay, shall be accrued by each full-time employee at
the rate of eight (8) hours. Regular full-time and part-time employees who
have exceeded a total of 1320 hours at the end of the accrual year, will roll over
a maximum of 1320 hours into the new accrual year.
8.3.2. Part-time employees shall accrue sick leave in an amount which is that
fractional part of the sick leave that the regularly scheduled number of hours of
employment bear to the total number of hours of a full-time employee (173.3
per month). Part-time employees may use accrued sick leave only against
absence occurring during the regularly scheduled work hours.
8.3.3. An employee may take leave for illness, requiring the employee's
attendance, in their immediate family. "Immediate family" in this context
means child (regardless of age) or parent (including biological, adopted, foster,
step or legal guardian or to whom the employee stands in loco parentis or de
facto parent), spouse, registered domestic partner, spouse's parent, grandparent,
grandchild or sibling.(including biological, adopted, foster, step or legal
guardian), An employee may use accrued sick leave for maternity or paternity
purposes.
8.3.4. An absence for an illness, sickness, disability or maternity or paternity
shall constitute a debit against accrued sick leave, with actual time absent
constituting the amount of debit, rounded up to the half hour. Sick leave may
be used in the half hour increments.
8.3.5. An employee who takes more than three (3) work days sick leave for
any one illness for self or for illness in the immediate family may be required
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by the Director or his designee to produce a letter from a medical doctor
showing necessity of attendance or absence.
8.3.6. At the time of separation from service for any reason, an eligible
employee, or in the case of death, the employee's designated beneficiary or
estate, shall receive remuneration at a rate equal to one (1) hour's current
straight time monetary compensation of the employee for each two (2) hours of
accrued sick leave, to a maximum of six hundred sixty (660) hours of pay,
provided, however, the maximum cash out of six hundred sixty (660) hours
shall be limited to those employees who would be eligible to receive more than
four hundred eighty (480) hours if employment separation occurred on January
1, 1999. All others shall be limited to a maximum of four hundred eighty (480)
hours.
8.4. Holidays
8.4.1. All full-time employees of the Department shall receive eleven (11)
paid holidays, and one (1) paid floating day of vacation:
New Years Day January 1
Martin Luther King's 3rd Monday of January
Birthday
President's Day 3rd Monday of February
Memorial Day Last Monday of May
Juneteenth June 19
Independence Day July 4
Labor Day 1st Monday of September
Veterans Day November 11
Thanksgiving Day 4th Thursday in November
Day after Thanksgiving November
Christmas Day December 25
Floating Day of Vacation (1)
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Floating Day of vacation will be compensated at the employee's normal work
shift hours.
8.4.2. For the purpose of this section, the holiday off will be the courthouse
recognized holiday for trainees and special assignment employees. If the
holidays fall on the employee's regularly scheduled day off, the employee shall
be scheduled to take his or her nearest workday off. Another day may be
substituted for the holiday during the same workweek with the mutual
agreement of the affected employee and the Employer.
8.4.3. If an employee works the holiday, the employee shall be paid time and
one-half for all hours of work performed on such holiday. (Example: An
employee working a ten (10) hour shift on a holiday would receive the
employee's regular salary compensation plus ten (10) hours of holiday
compensation (regular pay), plus five (5) hours of straight time compensation
(compensation due when the time and one-half multiplier is used). For trainees,
special assignment employees and non-dispatch employees scheduled to take
the holiday off pursuant to Section 7.2.2. and who is subsequently called to
work on the holiday shall receive one and one half (1 1/2) times his or her
straight time hourly rate of pay for all hours worked that day.
8.4.4. Overtime worked on a designated holiday shall be compensated at
double time for all overtime hours worked beyond the employee's regularly
scheduled work or whenever an employee is engaged to work overtime hours
on a holiday.
Examples:
1. Employee works any or all of a holiday, that employee receives 10 hours
of holiday pay, plus pay at the rate of 1.5 times their regular hourly rate for
hours worked on the holiday. This does not include overtime.
2. Employee does not work the holiday, that employee receives 10 hrs of
straight time at their regular hourly rate.
3. Employee works any overtime hours on a holiday, that employee receives
10 hours of holiday pay, plus pay at 1.5 times their regular hourly rate for non-
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overtime hours, and 2.0 times their regular hourly rate only for the overtime
hours, with no pyramiding.
8.4.6. Each employee shall be credited ten (10) hours to his or her vacation
bank for their floating day of vacation.
8.4.7. Gubernatorial Holiday_ Any day declared by the Governor as a
special holiday or day of special observation, on which the majority of
Washington State employees are to receive a day off with pay, shall be
recognized as a paid holiday by the Employer.
8.5. Bereavement Leave
8.5.1. Funeral Leave/Bereavement Leave - Up to three (3) days shall be
granted without any leave debit in the case of a death of the employee's spouse,
child, parent, grandparent, sibling, spouse's parents, spouse's sibling, or any
other person who is a non-pecuniary resident of the employee's household. An
employee shall be allowed to utilize up to three (3) days paid time off in addition
to the three (3) days allotted bereavement leave.
8.5.2. An employee shall be allowed to utilize up to three (3) days paid time
off for bereavement in the case of death of persons related by blood, marriage,
or legal adoption in the degree of consanguinity of grandparent in-laws or
grandchild.
8.5.3. Employees who are permitted to attend the funeral or memorial service
of a fellow department employee shall be allowed to take four (4) hours sick
leave when such services are held during working hours.
8.5.4. Regular employees may request to use additional leave to exceed this
three-day period. The County may, at its discretion, grant additional leave to be
charged to accrued vacation, sick time and/or accumulated compensatory time,
or may grant leave without pay as a last resort.
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8.6. Educational Reimbursement
8.6.1. The Employer encourages and desires that its employees participate in
courses and training opportunities to enhance their skills and enable them to
advance to other positions. Accordingly, it shall be the Employer's goal to assist
full-time, regular employees in the furtherance of this policy by offering a
tuition reimbursement program for courses or training at accredited colleges
and universities.
8.6.2. To qualify for reimbursement, the employee must make application to,
and receive prior approval from, the Director or designee. Such approval shall
be at the sole discretion of the Director.
8.6.3. An employee requesting tuition reimbursement must submit a written
application showing: a) the course curriculum description; b) dates and times
of classes; c) duration of the course; d) narrative statement of how the course
will benefit the Employer as well as the employee.
8.6.4. If an employee's application is approved, the reimbursement will be
for tuition only if when: a) the course is completed within six (6) months of
approval; b) completed with a "pass" in a pass/fail grading system or a grade of
"C" or better. The maximum reimbursement per credit will be the cost of a
credit charged by Centralia College.
8.6.5. An employee who receives tuition reimbursement agrees to continue
to work for the Employer for twelve (12) months following the completion of
the course; if not, the reimbursement is pro-rated and the employee authorizes
reimbursement to the Employer from the last pay check issued. An employee
who is unable to remain in the Employer's employment, due to circumstances
beyond the employee's control, shall not be required to reimburse the Employer
if the twelve (12) month period is not met.
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8.6.6. Reimbursement shall be for actual tuition, or the cost of the course.
All other expenses, such as travel and books, shall be borne by the employee.
8.7. Longevity
8.7.1. For each year of continuous service, beginning with the eighty-fifth
(85th) month, with this Employer as measured by the employee's seniority date,
the employee shall receive longevity pay as described below:
After Seven (7) years $42.00 per month
After eight (8) years $48.00 per month
After nine (9) years $54.00 per month
After ten (10) years $60.00 per month
and an additional $6.00 per month for each year after ten.
8.7.2. Beginning January 1, 2023, for each year of continuous service,
beginning with the eighty-fifth (85th) month, with this Employer as measured
by the employee's seniority date, the employee shall receive longevity pay as
described below:
After Seven (7) years $42.00 per month
After eight (8) years $48.00 per month
After nine (9) years $54.00 per month
After ten (10) years $100.00 per month
and an additional $10.00 per month for each year after ten.
8.8. Designated Shift Leader
8.8.1. The Employer may designate a shift leader on all or portion of any
shift, the designated shift leader shall receive two dollars ($2.00 an hour for all
hours worked in such designation. Pay will be retroactive to the first hour of
the shift leader assignment. Shift leader pay shall be paid any time there is not
a supervisor on duty for that shift.
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8.8.2. The employee shall fill out a claim form for all enhanced pay, which
will be verified by a supervisor or above, and submit the same to the Director
or his designee (Supervisor) at the end of the employee's workweek. Failure to
timely submit the verified claim will result in forfeiture of such enhanced pay.
8.9. Training Incentive
8.9.1. An assigned training officer shall be eligible to receive an additional
two dollars ($2.00) an hour for each compensable hour worked in a training
assignment as directed by the manager or designee while training new
employees during their designated training period. Overtime trainer pay is not
authorized.
8.9.2. An employee will be eligible to receive an additional fifty cents (50¢)
for each compensable hour worked out of the immediate center and providing
public education and ACCESS certification training.
9. SENIORITY
9.1. Vested Tenure
9.1.1. Seniority: Seniority shall be defined as continuous service with the
Lewis County Communications Center. Layoff of less than eighteen (18)
months shall not constitute a break in service.
9.1.2. Seniority List: A seniority list shall be attached to this Agreement as
Appendix B.
9.1.3. Seniority of the trainees (in the trainee pool of employees) shall begin
on the hire date. For employees offered a job position on the same day, seniority
will be determined by who accepts first.
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•
9.1.4. Employees selected to become "Supervisors" shall start their
supervisory seniority on the date of selection. All time spent in the unit is
combined for layoff purpose.
9.1.5. For the purpose of step increases and vacation accrual, employees
hired the 1st-15th of the month shall be recognized on the 1st of the hiring
month, and those employees hired the 16th through the last day of the month
shall be recognized on the 16th of the current month.
9.2. Layoff& Recall
9.2.1. The Employer shall have the right to lay off and/or reduce the work
hours of employees. Such layoff and/or reduction of work hours and layoff
recall and/or increase in work hours shall be handled in accordance with the
following:
a) Two (2) separate "layoff units" will be maintained: grant funded and
non-granted funded positions.
b) The last person hired into the bargaining unit shall be the first person laid
off or reduced in hours and the last person laid off shall be the first person
recalled or receive an increase in work hours within the layoff unit.
c)Except in cases of emergency, the Employer shall notify the Guild and any
affected employee of plans to lay off/reduce hours at least sixty (60) calendar
days prior to the intended effective date of the layoff/reduction of hours.
d) An employee laid off shall remain, for a period of eighteen (18) months
from the date of layoff, on a recall list maintained by the Employer. The
Employer shall notify the Guild and the former employee eligible to be
recalled of the job opening, and a notice by registered mail will be sent to the
former employee's last known address. If the former employee fails to report
for work in seven (7) calendar days from the date of receipt, or if the letter is
Lewis County Dispatchers Guild December 2022-December 2025
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returned undeliverable, the former employee shall forfeit call back rights and
be removed from the list. A former employee who refuses a recall shall be
removed from the recall list.
9.2.2. An employee shall not be entitled to any benefits while on layoff status,
and no accumulation of seniority shall accrue while in layoff status. An
employee returning from layoff shall have his or her seniority hire date adjusted
accordingly.
10. DISCIPLINE
10.1. Just Cause
10.1.2. All disciplinary action, including suspension and termination, taken
against an employee shall only be for just cause, provided, however, this
provision shall not apply to the probationary/training period of an employee's
employment with the Employer, during which time the employment status shall
be strictly at will.
10.1.3. Just Cause shall be defined as defined in the case Enterprise Wire Co.
and Enterprise Independent Guild. March 28, 1966, 46 LA 359.
10.2. Types of Discipline
10.2.1. Listed, but without limitation, the forms of discipline shall generally
include the following:
10.2.2. Oral Warning: This type of discipline should generally be used for
infractions of relatively minor degree. The Director and/or designee should
endeavor to inform the employee, in private, that it is an oral warning and that
the employee is being given an opportunity to correct the condition. Oral
warnings may be memorialized by the Director or designee in an administrative
file for use, if necessary, at a later date, however, any such written
Lewis County Dispatchers Guild December 2022-December 2025
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memorialization shall not be placed in the employee's personnel file. If the
condition is not corrected, the employee may be subject to more severe
disciplinary measures.
10.2.3. Written Warning: This notice will generally be issued by the Director
and/or his designee in the event the employee disregards an oral warning or if
the infraction is severe enough to warrant a written record in the employee's
personnel file. The Employer will set forth in the notice the nature of the
infraction.
10.2.4. Demotion: This form of discipline is generally administered when
the employee's actions or inaction have continued or recurred after being
advised of misconduct, or failure, or after commission of a serious act of
misconduct or when unable to adequately perform the responsibilities of the
position held.
10.2.5. Suspension: This form of discipline is generally administered as a
result of a significant infraction or violation after the employee has received a
written warning and has not adequately improved or corrected performance.
Any debit to an employee's accrued leave to satisfy a suspension directive shall
not be permitted without the permission of the employee.
10.2.6. The Employer shall inform the employee in writing of the disciplinary
action. The original signed copy of the disciplinary action notice is to be placed
in the employee's personnel file and a copy provided to the employee.
10.2.7. Discharge: This form of discipline results in termination of
employment. If in the opinion of the Employer, the infraction(s) is (are) so
severe as to necessitate immediate termination, the Director and/or his designee
should take action by placing the employee on suspension with or without pay
until circumstances are reviewed prior to final action. A pre-termination
hearing, in which the employee is advised of the basis for discharge, shall be
scheduled and held prior to the actual termination in order to provide the
Lewis County Dispatchers Guild December 2022-December 2025
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employee an opportunity to present any additional information which may be
germane to the issue.
10.3. Disciplinary Investigations
10.3.1. Whenever an employee is being interviewed by the Employer for the
purpose of investigation of non-criminal matters relating to work performance
which may lead to disciplinary sanctions, the employee shall be advised as to
whether the employee is a witness or a suspect. The suspect employee shall be
advised that the employee shall have the right, if such employee requests at that
time, to have the Guild representative present prior to the continuation of
questioning of the employee on the pending matter. The Guild representative
shall have the opportunity to ask questions, to bring out additional facts, to
counsel the employee under investigation, and to provide information about
past employment practices, but shall not act in obstruction of a pending inquiry.
10.3.2. The Employer may, if the Employer wishes, advise the employee that
it will not proceed with the interview unless the employee is willing to enter the
interview unaccompanied by his or her Guild representative. The employee
may then refrain from participating in the interview, thereby protecting his or
her right to representation, but at the same time, relinquishing any benefit which
might be derived from the interview. The Employer would then be free to act
on the basis of information obtained from other sources. At the time of
completion of the investigation of a non-criminal possible disciplinary matter,
the Employer shall notify the employee of such completion as soon as
reasonably possible.
10.3.3. To the extent reasonably possible, all interviews and questioning of
an employee shall take place at the Department of Emergency Services
facilities and shall be conducted during the employee's shift unless the
urgency of the investigation dictates otherwise. Except in the case of urgency
dictating otherwise; in the event an employee is just completing or has just
completed a graveyard shift, the scheduling of the interview shall be after 2:30
Lewis County Dispatchers Guild December 2022- December 2025
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p.m. during the day. During an interview, the employee shall be entitled to
such reasonable intermissions as the employee may request for personal
physical necessities.
10.3.4. The Employer shall request that any third party complainant submit
the complaint in writing. As soon as reasonably practical after receipt of a
written, non-criminal complaint against a particular employee, the Employer
shall make available to the employee a copy of such written complaint.
11. GRIEVANCE PROCEDURE
11.1. Purpose
11.1.1. The purpose of this grievance procedure is to provide a procedural
means for resolution of disagreements arising from misapplication or
misinterpretation of the terms and conditions of this Agreement or disciplinary
action imposed by the Director or Employer.
11.2. Processing Conditions
11.2.1. The employee and/or the Guild may elect to use this grievance
procedure whenever the employee and/or the Guild believes a misapplication
or misinterpretation of the Agreement has aggrieved them, or to seek redress of
disciplinary action imposed against an employee.
11.2.2. The written grievance must be filed with the (lowest level supervisor
that has the ability to address the grievance) Operations Chief, Division
Manager, and/or Director within fifteen (15) calendar days of the occurrence of
the action or inaction complained of, or within fifteen (15) calendar days of the
date when the aggrieved employee knew or should have reasonably known of
the occurrence of such action or inaction, whichever is later.
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11.2.3. Failure to file within said time lines shall render the grievance moot
and incapable of redress. Failure of the employee/Guild to meet the time limits
set forth herein, shall cause the previously filed grievance to become moot and
incapable of further redress.
11.2.4. Upon mutual written agreement, the parties may suspend or extend the
time deadlines for any or all particular steps of this grievance procedure.
11.2.5. Failure of the Director or Employer to act by response within the time
deadline set forth herein shall enable the employee/Guild to proceed to the next
step in this procedure.
11.3. Procedure
11.3.1. Should an employee feel that his rights and privileges under this
Agreement have been violated or desires to challenge disciplinary action
imposed, he shall consult with the Guild for determination of merit. The
aggrieved employee and the Guild shall, within the time limits set forth above,
present the facts in writing to the Director or designee. The written statement
shall include the section(s) of the Agreement allegedly violated or the
disciplinary action complained of, the facts, and the remedy sought. Within
twenty-one (21) calendar days thereafter, the Director shall submit an answer
in writing to the Guild and the aggrieved employee. Independent Guild initiated
grievances shall utilize the same basic procedures as employee initiated
grievances.
11.3.2. Any grievance which is not resolved in Section 11.3.1., within fifteen
(15) calendar days after the decision of the Director is received by the Guild,
may then be subject to referral, at the option of either party, to arbitration.
11.4. Arbitration
11.4.1. Either party may request the Public Employment Relations
Commission to supply an arbitrator or in the alternative, a list of seven (7)
arbitrators registered with the Public Employment Relations Commission. In
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the event a list is requested, striking order shall be determined by a flip of the
coin. Such reference to arbitration will be made within thirty (30) calendar days
after the decision in Section 11.3.2.
11.4.2. and will be accompanied by the following information: a) question or
questions at issue, b) statement of facts, and c) position of each respective party.
11.4.3. In connection with any arbitration proceeding held pursuant to this
Agreement, it is understood as follows:
11.4.4. The arbitrator shall have no power to render a decision that will add
to, subtract from or alter, change, or modify the terms of this Agreement, and
his or her power shall be limited to interpretation or application of the express
terms of this Agreement, or a disciplinary matter subject to grievance, and all
other matters shall be excluded from arbitration.
11.4.5. The arbitrator shall rule only on the basis of information presented in
the hearing and shall refuse to receive any information after the hearing except
in the presence of both parties and upon mutual agreement.
11.4.6. The decision of the arbitrator shall be final, conclusive and binding
upon the Employer, the Guild, and the employees involved, provided the
decision does not involve action by the Employer which is beyond its
jurisdiction.
11.4.7. Each party to the proceedings may call such witnesses as may be
necessary in the order in which their testimony is to be heard. Such testimony
shall be sworn and shall be limited to the matters set forth in the written
statement of grievance, and shall be subject to cross examination. The
arguments of the parties may be supported by oral comment and rebuttal. Either
or both parties may submit post hearing briefs within a time mutually agreed
upon. Such arguments of the parties, whether oral or written, shall be confined
to and directed at the matters set forth in the written statement of grievance.
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•
11.4.8. Either party may request that a stenographic record of the hearing be
made. The party requesting such record shall bear the cost thereof, provided,
however, if the other party requests a copy, such cost shall be shared equally.
11.4.9. The arbitrator's decision shall be made in writing and shall be issued
to the parties within thirty (30) days after the case is submitted to the arbitrator.
11.4.10. Arbitration awards or grievance settlements shall not be made
retroactive prior to the date of the occurrence or non-occurrence upon which
the grievance is based.
12. SEVERABILITY
12.1. Repealer in Conflict with Law
12.1.1. In the event that any portion of this Agreement is held contrary to
Federal or State statute or law, such portion shall be null and void, provided,
however, that negotiations shall be immediately re-opened by the parties
pertaining only to that portion which is held contrary to law.
13. DURATION OF AGREEMENT
13.1. This Agreement shall be effective at time of BOCC ratification and shall
continue in effect until the 31st day of December, 2025.
13.2. Either party to this Agreement may inaugurate collective bargaining over
any changes desired to be introduced into an extension term of this agreement by
giving notice of the substance and instrumental language of the changes by mail
to the other party within the following time frame: Guild proposal to be submitted
on or about August 31 of the last year of this Agreement; Employer's proposal to
be presented on or about September 15 the last year of this Agreement. The first
Lewis County Dispatchers Guild December 2022-December 2025
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negotiation meeting shall be held not later than October 1 of the last year of this
Agreement. The foregoing time limits shall be subject to change by mutual
agreement of the Employer and the Guild.
BOARD OF COUNTY COMMISSIONERS
Lewis County, Washington
Lindsey R. Pollock, CHAIR
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Sean D. Swope, VICE CHAIR
Scott J. Brummer, COMMISSIONER
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Date Signed (Guild) Date Signed (Commissioners)
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Lewis County Dispatchers Guild December 2022-December 2025
49
15. APPENDIX A- Classification & Salary Schedules
15.1. Listed below are the monthly/hourly salaries for classifications covered
by this Agreement at the time of ratification. All full-time employees shall be
paid based upon the monthly salary. Part-time employees shall be paid based
upon the hourly rate calculated from the monthly rates listed below.
15.2. Beginning January 1, 2023, each classification will receive an increase
to their base wage of four percent (4%) over September 2022 wages. Further,
Beginning January 1, 2023, Telecommunication Officers shall be placed at
salary Grade 119 and at the same Step held at Grade 118. Telecommunication
Officer Supervisors shall be placed at salary Grade 123 and at the same Step
held at Grade 122.
119 1 2 3 4 5 6 7 8 9 10 11 12 13
Annual 52794 54112 55476 56862 58294 59748 61248 62771 64339 65953 67612 69293 71021
Monthly 4399 4509 4623 4738 4858 4979 5104 5231 5362 5496 5634 5774 5918
Hourly 25.38 26.02 26.67 27.34 28.03 28.73 29.45 30.18 30.93 31.71 32.51 33.31 34.14
123 1 2 3 4 5 6 7 8 9 10 11 12 13
Annual 63066 64634 66248 67907 69612 71361 73134 74952 76816 78748 80725 82747 84816
Monthly 5256 5386 5521 5659 5801 5947 6095 6246 6401 6562 6727 6896 7068
Hourly 30.32 31.07 31.85 32.65 33.47 34.31 35.16 36.03 36.93 37.86 38.81 39.78 40.78
15.3 Beginning January 1. 2024, each classification will receive an increase
to their base wage of three percent (3%) over the 2023 wages. Further,
Beginning January 1, 2024, Telecommunication Officers shall be placed at
salary Grade 120 and at the same Step held at Grade 119. Telecommunication
Officer Supervisors shall be placed at salary Grade 124 and at the same Step
held at Grade 123.
Lewis County Dispatchers Guild December 2022-December 2025
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120 1 2 3 4 5 6 7 8 9 10 11 12 13
Annual 56812 58240 59691 61189 62711 64279 65895 67533 69219 70951 72730 74556 76428
Monthly 4734 4853 4974 5• 099 5226 5357 5• 491 5628 5• 768 5913 6061 6213 6369
Hourly 27.31 28.00 28.70 2• 9.42 30.15 30.90 3• 1.68 32.47 33.28 34.11 34.97 35.84 36.74
124 1 2 3 4 5 6 7 8 9 10 11 12 13
Annual 68001 69710 71442 73221 75047 76920 78839 80806 82819 84879 87009 89186 9• 1410
Monthly 5667 5809 5954 6102 6254 6410 6570 6734 6902 7073 7251 7432 7617
Hourly 32.69 33.51 34.35 35.20 36.08 36.98 37.90 38.85 39.82 40.81 41.83 42.88 43.95
15.4 Beginning January 1, 2025, each classification will receive an increase
to their base wage of three percent (3%) over the 2024 wages.
120 1 2 3 4 5 6 7 8 9 10 11 12 13
Annual 58516 59987 61482 63025 64592 66208 6• 7871 6• 9559 71295 73079 7• 4912 76792 78721
Monthly 4876 4999 5124 5252 5383 5517 5656 5797 5941 6090 6• 243 6399 6560
Hourly 28.13 28.84 29.56 30.30 31.05 31.83 3• 2.63 3• 3.44 34.28 35.13 3• 6.02 36.92 37.85
124 1 2 3 4 5 6 7 8 9 10 11 12 13
Annual 70041 7• 1801 73586 75418 77299 79228 81205 83230 85303 87425 89619 91861 9• 4152
Monthly 5837 5• 983 6132 6285 6442 6602 6767 6936 7• 109 7285 7468 7655 7846
Hourly 33.67 34.52 35.38 36.26 37.16 38.09 39.04 40.01 4• 1.01 42.03 43.09 44.16 4• 5.27
15.5. New employees may be placed at a step commensurate with his or her
past experience as a Telecommunications Officer (TCO) and advanced from his
or her starting point in accordance with the months of service required in each
step as indicated below.
15.6. Beginning January 1, 2023, Telecommunications Officers who are
promoted to Supervisor shall advance to Salary Grade 123 by moving laterally
from their current salary grade step to the higher salary grade at the same step or
Lewis County Dispatchers Guild December 2022-December 2025
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at a minimum of 5% higher than a TCO. The employee shall retain their same
step advancement date for advancement to the next step at the higher salary
grade.
15.7. Effective January 1, 2023, A Telecommunications Officer classified as a
Trainee Employee shall be placed at Grade 119.
15.8. Effective January 1, 2023, A Telecommunications Officer classified as a
Probationary Employee shall be placed at Grade 119 at the step equating to a
minimum of 5% increase.
15.9. Effective January 1, 2023, A Telecommunications Officer completing
probation and classified as a Full-Time Employee shall be placed at Grade 119
at the step equating to a minimum of 5% increase.
15.10. Effective January 1, 2024, A Telecommunications Officer classified as
a Trainee Employee shall be placed at Grade 120.
15.11. Effective January 1, 2024, A Telecommunications Officer classified as
a Probationary Employee shall be placed at Grade 120 at the step equating to a
minimum of 5% increase.
15.12. Effective January 1, 2024, A Telecommunications Officer completing
probation and classified as a Full-Time Employee shall be placed at Grade 120
at the step equating to a minimum of 5% increase.
15.13. Once a Telecommunications Officer completes probation and classified
full time as indicated in 15.9 and 15.12, they shall progress up the salary schedule
to the next step in the salary grid set forth above with each completed twelve (12)
months of active service.
Lewis County Dispatchers Guild December 2022-December 2025
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it •
16. APPENDIX B - Seniority Dates
16.1. The list of employees listed below is reflective of the employees employed
at the effective date of the Agreement and is not intended to be all inclusive.
The employees are listed in the order of their respective seniority placement.
EMPLOYEES ORIGINAL OR
ADJUSTED HIRE
DATE
Huang, Alan 03/22/95
Schlecht, Michelle 02/01/99
Conner, Eric 04/11/03
Yund, Jeanetta 05/16/06
Cruickshank, Landon 02/21/17
Cail, Kayci 12/02/18
Estrada, Elicia 07/08/19
Lopez, Jasmine 07/08/19
Brockmueller, Lisa 09/03/19
Cosgrove, Katie 01/03/22
Joner, Christin 09/06/22
Andrews, Gretchen 09/23/22
Lewis County Dispatchers Guild December 2022- December 2025
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-. ?
BOCC AGENDA ITEM SUMMARY
Resolution: BOCC Meeting Date: Dec. 27, 2022
Suggested Wording for Agenda Item: Agenda Type: Deliberation
Approve a collective bargaining agreement between Lewis County and the Lewis County
Dispatchers Guild from December 2022 through December 2025
Contact: Daleyn Coleman Phone: x1408
Department: HR - Human Resources
Description:
Resolution to Approve a Collective Bargaining Agreement between Lewis County and the Lewis
County Dispatchers Guild
Approvals: Publication Requirements:
Publications:
User Status
PA's Office Pending
Additional Copies: Cover Letter To:
Jen Libby-Jones, Liz Casteel, Kaylee Knee,
Michelle Sabin, Michelle Sauter, Vanessa
Ruelas, Grace Jimenez, Steve Wohld, Amber
Smith, Becky Butler