CBA between Lewis County and Teamsters 252, representing the Prosecutors Clerical Group, for calendar years 2020-22 BEFORE THE BOARD OF COUNTY COMMISSIONERS
LEWIS COUNTY, WASHINGTON
IN THE MATTER OF: RESOLUTION NO. 20-024
RESOLUTION TO APPROVE A COLLECTIVE
BARGAINING AGREEMENT BETWEEN LEWIS COUNTY
& TEAMSTERS 252 REPRESENTING THE
PROSECUTORS CLERICAL GROUP FOR CALENDAR
YEARS 2020-2022
WHEREAS, The Lewis County Board of County Commissioners (BOCC) has reviewed a
Collective Bargaining Agreement between Teamsters 252, representing the Prosecutors
Clerical Group, 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 Teamsters 252, representing the Prosecutors Clerical Group, and Lewis County
is approved and the BOCC is authorized to sign the same.
DONE IN OPEN SESSION this 13th day of January, 2020.
APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS
Jonathan Meyer, Prosecuting Attorney LEWIS COUNTY, WASHINGTON
Kevin McDowell Gary Stamper
By: Kevin McDowell, Gary Stamper, Chair
Deputy Prosecuting Attorney
•ATTEST: °"vrti-•"qs'• Edna J J . Fund
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0° •\c:k:Edna J. Fund, Vice Chair
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Rieva Lester Robert C . Jackson
Rieva Lester, Robert C. Jackson, Commissioner
Clerk of the Lewis County Board of County
Commissioners
Contents
1. INTRODUCTION 1
1.1. PREAMBLE 1
1.2. PURPOSE 1
2. RECOGNITION 1
2.1. SCOPE OF BARGAINING UNIT 1
3. UNION REPRESENTATION 1
3.1. MEMBERSHIP REQUIREMENT 1
3.2. CHECK OFF OF UNION DUES AND INITIATION 2
3.3. D.R.I.V.E. CHECK OFF 2
4. MANAGEMENT RIGHTS 2
4.1. CUSTOMARY FUNCTIONS 2
4.2. EMPLOYER OPTIONS 3
4.3. PERFORMANCE STANDARDS 4
5. EMPLOYMENT POLICIES 4
5.1. LIABILITY 4
5.2. PROMOTIONS 4
5.3. MILEAGE REIMBURSEMENT 4
5.4. JURY DUTY 5
5.5. LEAVE OF ABSENCES 5
5.6. INVESTIGATIONS 5
5.7. PERSONNEL FILES 6
5.8. JOB DESCRIPTIONS 6
5.9. SEXUAL HARASSMENT 7
5.10. VACATION LEAVE TRANSFER 7
5.11. WORKING OUT OF CLASSIFICATION 7
6. COMPENSABLE HOURS 7
6.1. HOURS OF WORK 7
6.2. OVERTIME 8
6.3. COMPENSATORY TIME 8
6.4. CALL TIME 8
6.5. REST&LUNCH BREAKS 9
7. EMPLOYEE BENEFITS 9
7.1. BENEFIT ELIGIBILITY 9
7.2. HOLIDAYS 9
7.3. VACATION 9
7.4. HEALTH AND WELFARE INSURANCE 11
7.5. GROUP LIFE &HEALTH/ACCIDENT INSURANCE 12
7.6. BEREAVEMENT LEAVE 12
7.7. SICK LEAVE 12
7.8. TRAINING 13
7.9. SHOP STEWARD&NEGOTIATING COMMITTEE 14
7.10. EDUCATIONAL REIMBURSEMENT 14
7.11. LONGEVITY 14
8. THE EMPLOYMENT RELATION AND DISCIPLINE 15
LEWIS COUNTY PROSECUTOR/TEAMSTERS UNION LOCAL#252
2020 through 2022 Collective Bargaining Agreement
8.1. COMMENCEMENT AND TERMINATION OF THE EMPLOYMENT RELATIONSHIP 154
8.2. DUTIES OF EMPLOYMENT 15
8.3. JUST CAUSE 16
8.4. DEGREE OF DISCIPLINE 16
8.5. TYPES OF DISCIPLINE 16
9. GRIEVANCE PROCEDURE 16
9.1. PURPOSE AND SCOPE 16
9.2 TIME LIMITS 17
9.3. PROCESSING STEPS 17
9.4. ARBITRATION 17
10. EMPLOYEE COMPENSATION 17
10.1. SALARIES 18
10.2. PAY DAY 18
11. SENIORITY 18
11.1. SENIORITY STANDING 18
12. LAY OFF 18
12.1. PROCEDURE 18
12.2 REDUCTION OF HOURS 19
13. USE OF VOLUNTEERS 19
13.1. LIMITATIONS 19
14. SEVERABILITY 19
14.1. SEVERABILITY 19
15. DURATION OF AGREEMENT 20
16. APPENDIX A-SALARY SCHEDULES 21
16.1. 2020-2022 WAGE ADJUSTMENT 21
16.2. CLASSIFICATIONS AND SALARY RANGES 21
17. APPENDIX B -SENIORITY DATES 22
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2020 through 2022 Collective Bargaining Agreement ii
1. INTRODUCTION
1.1. Preamble
1.1.1. This agreement is entered into by and between the Prosecuting Attorney of Lewis County, referred to as the
"Prosecuting Attorney", the Board of County Commissioners, referred to as the "County", and the Prosecuting
Attorney and the County collectively referred to as the "Employer", and Teamsters Local Union No. 252, referred to
as the"Union".
1.2. Purpose
1.2.1. It is the purpose of this agreement to achieve and maintain harmonious relations between the Employer and
the Union, to provide for equitable and peaceful adjustments of differences which may arise, and to establish
standards of wages, hours, and working conditions.
2. RECOGNITION
2.1. Scope of Bargaining Unit
2.1.1. The Employer recognizes the Union as the exclusive bargaining representative for the purpose of collective
bargaining with respect to wages, hours and working conditions for all part-time and full-time employees of the
Lewis County Prosecuting Attorney, excluding the Prosecuting Attorney, Chief Civil Deputy, Chief Criminal Deputy,
Office Manager, Program Manager, Special Deputies, Deputy Prosecuting Attorneys, Legal Interns, volunteers,
and casual employees.
a) Full-Time Employee: A full-time employee shall be defined as an employee who regularly works forty (40)
hours each week.
b) Part-Time Employee: A part-time employee shall be defined as an employee who regularly works less than
forty (40) hours each week.
c) Probationary Employee: A probationary employee shall be defined as employee who is serving his or her
six (6) month probationary period. During such period, a probationary employee's employment status with the
Employer shall be strictly "at will" and shall have no appeal recourse through the grievance procedure of this
Agreement. The "probationary employee" designation may be applied to either a full-time or a part-time
employee.
d) Casual Employee: A casual employee shall be defined as an employee who is employed to perform work
on a regular or irregular basis for a specified period of time. A casual employee shall be excluded from the
terms and conditions of this agreement. The scope and duration of the work to be performed by a casual
employee shall be determined by mutual agreement between the Employer and the Union. Disputes arising
from application of this provision shall be resolved through the grievance procedure.
3. UNION REPRESENTATION
3.1. Membership Requirement
3.1.1. The Employer and the Union agree that all employees holding positions covered under this collective
bargaining agreement shall meet the following condition: Membership or non-membership in the Union shall be
wholly voluntary and the individual choice of employees covered by this Agreement. Any employee who is a
member of the Union or who has applied for membership shall sign and deliver to the Union, who shall forward to
the County, an original assignment authorizing and consenting to the deduction of dues, fees, costs, charges, and
LEWIS COUNTY PROSECUTORJTEAMSTERS UNION LOCAL#252
2020 through 2022 Collective Bargaining Agreement 1
assessments for membership in the Union. In furtherance of this goal, the Union shall have up to a thirty (30)
minute orientation with new employees during the employees' work hours at which time the Union shall explain
and do the following:
a) It is the designated exclusive representative for all employees covered under the Collective
Bargaining Agreement;
b) Membership in the Union is voluntary and only when an employee clearly and affirmatively
consents to joining the Union will it collect fees:
c) The rights and benefits that the employee would forgo by being a non-member; and
d) Provide the employee with all necessary paperwork to inform the Union of its decisions—member
or non-membership.
3.1.2. The Union shall indemnify and defend 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 Union for the purpose of complying with this Article, provided that the action
taken is in accordance with such request.
3.1.3 Employees and the Union shall hold the Employer harmless and shall defend and indemnify the Employer
from responsibility for withholding errors and damages flowing there from caused by faulty information furnished
by the employees or the Union, and the Union shall promptly refund to the employee any amounts paid to the
Union in error.
3.3. D.R.I.V.E. Check Off
3.3.1 All employee-members may make voluntary contributions independently of all union dues to the D.R.I.V.E.
(Democrat, Republican, Independent Voter Education) political action committee. The Union shall advise its
members of this voluntary contribution opportunity.
3.3.2 Should the employee elect to voluntarily make such contribution, at the time the Employer's computerized
financial software is able to facilitate authorized voluntary deductions, agrees to deduct from the paycheck of all
employees, covered by this Agreement who provide written authorization for such deductions, all VOLUNTARY
contributions to D.R.I.V.E
3.3.2 D.R.I.V.E shall notify the Employer of the amounts designated by each contributing employee that are to
be deducted from his/her paycheck on a monthly basis for all months worked. The phrase "month worked"
excludes any month other than a month in which the employee earned a wage.
3.3.3 The Employer shall transmit to D.R.I.V.E. National Headquarters on a monthly basis, in two (2) checks,
the total amount deducted along with the name of each employee on whose behalf a deduction is made, and the
amount deducted from the employee's pay check.
4. MANAGEMENT RIGHTS
4.1. Customary Functions
4.1.1. 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:
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b)to reprimand, suspend, discharge or to otherwise discipline employees for just cause;
c)to determine the number of employees to be employed:
d)to hire employees, determine their qualifications and assign and direct their work;
e)to evaluate employees' performance;
f)to promote demote, transfer, lay off recall to work and retire 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;
I) 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 departments, divisions and all other units of the
Employer;
p) to issue, amend and revise policies, rules, regulations, general orders, administrative directives, and
practices.
4.1.2.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, nothing contained in this provision shall be construed to give the Employer the right to make unilateral
changes in wages, hours, and working conditions not covered by this agreement.
4.2. Employer Options
4.2.1. The Employer and the Union 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. In order to achieve this goal, the parties
hereby recognize the Employer's right to determine the methods, processes, and means of providing services, to
increase, diminish, or change equipment, including the introduction of any and all new, improved, or automated
methods or equipment and the assignment of employees to specific jobs within the bargaining unit.
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4.3. Performance Standards
4.3.1. The Employer shall have the right to establish performance standards. Such standards that are in effect
may be used to determine acceptable performance levels, prepare work schedules, and measure the performance
of employees. No revision of performance standards and/or policies shall be made without prior notification to the
Union.
5. EMPLOYMENT POLICIES
5.1. Liability
5.1.1. An employee's right to legal representation and/or their marital community and/or indemnification for acts or
omissions in the performance of the employee's official duties shall be covered by County Resolution 19.167.
5.2. Promotions
5.2.1. Whenever a job opening occurs, other than a temporary opening, a notice of such opening shall be posted
on the employee bulletin board simultaneously with any other advertising of the position availability and with the
same closing dates. Notice shall also be mailed to any person who has been laid off within six (6) months of the
date of the opening if the person has left sufficient address with the Prosecuting Attorney and is otherwise qualified
to hold the position.
5.2.2.An employee who has completed his/her six(6) month probationary period who wishes to apply for the open
position, including an employee on layoff, may do so. The application shall be in writing and it shall be submitted
to the Prosecuting Attorney or his designee.
5.2.3. All employees that have submitted a written application and meet the minimal requirement of the open
position shall be given consideration including an interview. The job shall be awarded to that person who, in the
sole judgment of the Prosecuting Attorney, is the best qualified or best suited to hold the position.
5.2.4.An employee who changes from one job classification to a higher range job classification shall be placed at
a step which will provide a minimum of five (5%) increase in salary on the salary range of the job classification to
which the employee is promoted. If the top of the range is less than five percent (5%), the top of the range shall
be applied.
5.2.5 Employee's moving from a bargaining unit position to a non-union position within the Prosecutor's Office
shall be allowed six (6) months to return to his/her bargaining unit position. Should an employee return within the
aforementioned six (6) months he/she shall have his/her seniority date of hire adjusted by the time out of the
bargaining unit. The employee shall maintain his/her original date of hire for all accrual purposes.
5.3. Mileage Reimbursement
5.3.1. Mileage reimbursement shall be handled in accordance with County policy.
5.3.2. Those employees working at the satellite office will be reimbursed on a quarterly basis for their work-related
travel. A travel log must be maintained for reimbursement and submitted to the Office Administrator the first week
of the month for the previous month or, the employee's first week back from an unscheduled leave for the
previous month.
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5.4. Jury Duty
5.4.1. An employee shall be allowed time off without loss of pay for serving on jury duty provided the employee
promptly returns to work when excused from the jury with allowance for a reasonable time for any necessary
transportation back to the job site. Any compensation received or receivable by the employee from the court for
performing such service be retained by the employee.
5.5. Leave of Absences
5.5.1. The Prosecuting Attorney shall grant leaves of absence where required to be granted by the Family Leave
Act or by state law. All other leaves of absence shall be at the sole discretion of the Prosecuting Attorney.
5.5.2. Pregnancy/Childbirth Leave of Absence: Pregnancy and childbirth leave shall be granted in accordance
with applicable State and Federal law and in coordination with the County's Family and Medical Leave Act policy.
An employee on such leave shall not have his or her seniority date adjusted and shall, upon return, be reinstated
in his or her original classification without reduction in wage or benefits.
5.5.3. Family and Medical Leave Act of 1993: Eligible employees shall be allowed to participate in, be subject to,
and be entitled to the leave provisions provided by The Family and Medical Leave Act (extensions of this unpaid
medical leave of absence shall also be at the sole discretion of the Employer) and County policy. During the term
of this leave, the Employer shall be entitled to request periodic updates from the employee's physician as to the
employee's recovery progress. There shall be no adjustment of the employee's seniority date. Upon the end of
the leave, the employee shall be reinstated in his or her previous position or an equivalent position in the event the
original position no longer exists. This provision is not intended to waive or usurp any rights an employee may
have under applicable state or federal law.
5.5.4.Washington State Paid Family and Medical Leave: The Employer agrees to comply will all Washington State
Paid Family and Medical Leave laws, per RCW: 50A.04.
5.5.5. 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 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.
5.6. Investigations
5.6.1. Employees have an obligation to cooperate with any investigation conducted by the Employer. Failure to do
so will be considered insubordination and will be grounds for discipline, up to and including termination.
5.6.2. Whenever an employee is being interviewed by the Employer for the purpose of any inquiry of non-criminal
matters relating to work performance of that employee which may lead to disciplinary action, the employee shall
receive oral or written notification prior to the interview. The notification shall provide the following information:
a)The basis of the alleged inquiry;
b)The opportunity of the employee to have Union representation at the interview; and
c) Notification that the answers provided during the disciplinary interview are for internal administrative
purposes only and not to be used for criminal prosecution; and
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d) Notification that the disciplinary notice shall be construed as an order to cooperate and respond to the
inquiries made by the Employer. Failure to do so could result in being disciplined for insubordination up to and
including termination of employment.
5.6.3. Employees are entitled, at their option; to have Union representation during any investigatory interview
conducted by Employer that the employee reasonably believes may result in discipline of the employee. During
any such investigatory interview, a participating Union representative will be given the opportunity to ask questions,
offer additional information and counsel the employee, but may not obstruct the Employer's investigation. Any
interview and questioning of an employee shall be conducted during the employee's regular workday, unless the
urgency of the inquiry dictates otherwise.
5.6.4. The Employer may, at its discretion, place employees on paid administrative leave during disciplinary
investigations. Employees on such paid administrative leave must remain available during their normal hours of
work.
5.6.5. At the time of completion of the inquiry of a non-criminal possible disciplinary matter, the Employer shall
notify the employee of such completion as soon as reasonably possible.
5.7. Personnel Files
5.7.1. Personnel files shall be defined as those confidential files maintained by the Prosecuting Attorney or his/her
designee which contains information pertaining to the employee and his or her employment relationship with the
Employer. Personnel files shall be maintained in a secure location and access shall be limited to those individuals
authorized by the Prosecuting Attorney, unless required by law. The Employer shall notify the affected employee
of a Public Disclosure Act request involving their personnel file. The affected employee retains the right(under the
Public Disclosure Act) to object to such request.
5.7.2.At least once a year, an employee shall be allowed supervised access to his or her personnel files and shall
be permitted to obtain copies of any portion of his or her file. Access more frequently than once per year shall be
granted upon a showing of reasonable need.
5.7.3. An employee requesting that his or her personnel file or portions thereof be released to persons other than
themselves must provide written authorization specifying the material to be released and the name of the party to
whom the information is to be released. The employee, if requested by the Employer, shall sign an Employer
indemnification agreement as a condition of third party release.
5.7.4.The following conditions shall apply to information placed in or removed from an employee's personnel file:
a) An employee shall be allowed Employer supervised access to his or her personnel file at a time mutually
convenient to the employee and the Employer.
b) No performance or disciplinary documentation will be placed in an employee's personnel file without notice
to the employee.
c) An employee shall be permitted to submit written rebuttals on information placed in his or her file. Such
rebuttals shall be attached to the information which generated the rebuttal.
5.8. Job Descriptions
5.8.1. The Employer shall be required to provide job descriptions for each employee classification of the
department. Job descriptions are intended to be a generic description of the basic functions of specific
employment classifications.
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5.9. Sexual Harassment
5.9.1. The Employer shall provide an oral or written presentation to the work force as to what constitutes sexual
harassment in the work place under Washington law. Employees shall be provided with written guidelines by the
Employer as to what may be construed as sexual harassment.
5.9.2. Prior to initiating any other formal action, an employee and/or his or her representative shall be required to
notify the Employer as to any event which the employee may construe as being sexual harassment. Upon
receiving a report of sexual harassment, the Employer shall conduct an investigation to determine the merit of the
allegations and initiate appropriate remedial action, if warranted.
5.10. Vacation Leave Transfer
5.10.1. Eligible employees shall be allowed to transfer accrued annual leave to other employees as permitted by
County Resolution.
5.11. Working Out of Classification
5.11.1. Any employee assigned to work out of classification, in a higher paid classification, by direction of the
Employer or designee, shall be compensated for all hours worked at that higher classification's lowest rate of pay,
provided, such placement shall. in any event, be at a step level sufficient to provide a pay enhancement of at least
five percent(5%). If the top of the range is less than five percent(5%), the top of the range shall be applied.
5.11.2. It shall be the employee's responsibility to notify the Employer of the claim for working out of classification
pay by means of a submission of such claim on the applicable monthly time reporting system. Any claim not
submitted within thirty(30)calendar days of the time accrued shall be void.
5.12. Sub-Contracting
5.12.1. In the event the Employer sub-contracts out bargaining unit work to a private contractor, 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 hourly rate of pay to a maximum of twelve (12)weeks.
b) Additional Health & Welfare contributions are tied directly to the amount of severance pay an employee is
eligible for in the following manner:
Severance Pay Eligibility Additional Month(s)of Employer Contributions
1 —4 Weeks An additional non-mandatory month of health &welfare contribution.
5—8 Weeks Two (2) additional months of non-mandatory health &welfare contributions.
9— 12 Weeks Three (3) additional months of non-mandatory health &welfare contributions.
6. COMPENSABLE HOURS
6.1. Hours of Work
6.1.1. The normal work week for support staff shall consist of five (5) eight(8) hour days, Monday through Friday,
with two (2) consecutive days off. The requirement of consecutive days off may not apply when the Employer
directs overtime service during that period. Notwithstanding the foregoing, an alternate shift schedule may be
made by mutual agreement of the Union and the Employer.
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a) The Senior Paralegal may at times be required to work on Saturday and/or Sunday, and flex his or her
work schedule to avoid overtime, provided, the Senior Paralegal was given reasonable prior notice. The
flex work schedule alternative days and/or hours off shall be at the Senior Paralegal's choosing provided it
does not unduly interfere with the operations of the Prosecuting Attorney's Office.
6.1.2. Employees shall report to work between the hours of 7:00 a.m. and 9:00 a.m. An employee's specific
starting time shall be determined by the Prosecuting Attorney or designee.
6.2. Overtime
6.2.1. Compensable hours in excess of forty (40) hours per 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 6.3. All overtime, excluding obligatory overtime, shall be pre-authorized
by the employee's supervisor and approved by the Prosecuting Attorney or his designee. Overtime compensation
shall be paid in ten (10) minute increments.
6.3. Compensatory Time
6.3.1. Upon approval of the Employer, an employee may accrue compensatory time in lieu of receiving overtime
wages. 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:
a) An employee shall not be allowed to accumulate more than forty (40) hours of compensatory time at a
time, and may use a maximum of 40 hours of compensatory time. Compensatory time is cumulative from
year to year to the aforementioned maximum.
b) With the prior approval of the Employer, an employee may convert to pay all or part of accrued
compensatory time, to be paid at the accruing employee's current applicable rate of pay. A request for
cash out of accrued compensatory time shall be made in writing, specifying the number of hours to be
cashed out, and submitted to the Employer or his designee for consideration in writing by timesheet In
addition, the Employer may cash out any accrued compensatory time once a year at the end of
November.
c) Compensatory time off shall be scheduled with the approval of the Employer and may be utilized in one
hour or greater increments.
6.3.2. Scheduling of the taking of compensatory time off is to be by approval of the Employer or designee., Once
scheduled, it may only be denied 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 previously scheduled and approved vacation time. The Employer shall take
no retaliatory or unfair discriminatory action against any employee by reason of the employee's choice of
compensatory time off.
6.4. Call Time
6.4.1. There will be a guarantee of one (1) hour pay from time of call-in service. "Call-in"time shall be defined as
those hours an employee is required, during his or her off duty time, excluding those hours which are contiguous
with an employee's normal work hours, to report to work. Such compensable time shall be paid portal to portal.
Any time over such guarantee will be paid for the actual time worked at the employee's applicable hourly rate of
pay. An employee required to fulfill work obligations over the telephone, while off duty, shall be compensated in
accordance with Section 6.2., Overtime and the aforementioned minimum shall not be applicable.
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6.5. Rest& Lunch Breaks
6.5.1. An employee shall be permitted, during the course of his/her shift, to take two (2) fifteen (15) minute rest
breaks, all such breaks to be taken as time permits. If an employee fails to take any or all such breaks, for
whatever reason, he/she shall have no right to claim any compensation for that time.
6.5.2. An employee, during the approximate midpoint of his/her shift, shall be entitled to one (1) hour non-paid
lunch break. If such employee is directed to perform work during a portion of such break, such portion shall be
subject to being deemed compensable paid time and the employee shall be compensated at the employee's
applicable rate of pay.
7. EMPLOYEE BENEFITS
7.1. Benefit Eligibility
7.1.1. Employees shall receive vacation/sick leave, and medical/dental/vision benefits under the following
qualifiers: Employees who are compensated for eighty (80) hours or more in a calendar month shall receive one
hundred percent (100%) of all benefits set forth in this agreement; employees with less than eighty (80)
compensable hours per month shall have the benefits provided under this agreement prorated; part-time
employees with less than twenty-eight(28) compensable hours per month shall receive no benefits.
7.2. Holidays
7.2.1.The Employer and employees shall recognize ten (10) paid holidays:
New Year's Day January 1
Martin Luther King's Birthday 3rd Monday of January
_President's Day 3rd Monday of February
Memorial Day Last Monday of May
Independence Day July 4th
Labor Day 1st Monday of September
Veteran's Day November 11
Thanksgiving Day 4th Thursday of November
Day after Thanksgiving November
Christmas Day December 25
1 Personal Day* Vacation Credit
*Each employee shall be credited eight (8) hours to their vacation bank for their Personal Day. The
vacation bank will be credited on January 1st of each year for current employees and on the date of hire for
newly hired employees.
7.2.2. Employees shall have the courthouse recognized holidays off. Should the recognized holiday fall of the
employee's regularly scheduled day off, the employee shall be given the next adjacent day off, or with mutual
agreement of the Employer another day within the work week.
7.2.3. An employee required to work on a designated holiday, in addition to their normal monthly salary, shall be
paid for all hours worked at one and one half times the employee's regular hourly rate of pay.
7.3. Vacation
7.3.1. All regular full-time employees in the bargaining unit shall accrue vacation in accordance with the schedule
listed below. 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.
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MONTH S OF COUNTY ACCRUAL RATE HOURS ACCRUAL RATE HOURS
SERVICE _ PER MONTH PER R 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
7.3.2. Vacation shall be utilized and charged for the number of hours used and in no event less than one quarter
(.25) hour. Vacation request shall be submitted to the employee's supervisor and will be processed in accordance
with office needs and in order of receipt. Leave will be granted on a first come first serve basis.
7.3.3. An employee directed by the Prosecuting Attorney to return to work, while the employee is on a scheduled
vacation shall be paid for all hours worked and shall not be charged a vacation day for the day (eight [8] hours)
which he or she is required to work. Additional vacation credit may be granted by the Employer upon the showing
by the employee of substantial disruption of the employee's vacation caused by necessity of travel. The employee
shall be reimbursed for all out of pocket travel and lodging expenses incurred as a result of the requirement to
return to work. An employee shall make a reasonable effort at seeking a refund, where possible. At the time the
employee is informed of the necessity to return to work during vacation, the employee shall have the responsibility
to inform the Prosecuting Attorney of the potential costs to be incurred by the Prosecuting Attorney under this
section. This section shall not be available to an employee whose own fault caused the necessity of recall.
7.3.4. Once scheduled, an employee's vacation shall not be changed without mutual agreement of the Employer
and employee or unless an emergency exists.
7.3.5. An employee who separates from County employment shall be paid for a prorated portion of accrued days.
Annual leave may be accrued to a maximum of two hundred forty(240) hours. All hours accrued in excess of the
maximum shall be cashed out at the employee's straight time rate of pay unless accrual of excess vacation is
waived as set forth in Section 7.3.6. 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 discharged within the first six (6) months
of employment, no accrued annual leave shall be payable.
7.3.6. In the event a scheduled vacation is canceled pursuant to the provisions of 7.3.5., and in the event such
cancellation or denial impacts the maximum two hundred forty (240) hour accrual, at the discretion of the
Employer, the employee shall either be allowed to accrue above the two hundred forty(240) hour maximum or will
be paid for the excess accrual above the maximum at the employee's applicable straight time rate of pay. In the
event that the Prosecuting Attorney permits the accrual ceiling to be exceeded, the employee must pull back within
the two hundred forty (240) maximum within ninety (90) calendar days of the date of exceeding the maximum, or
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the employee will be paid back to the two hundred forty (240) hour maximum. The Prosecuting Attorney shall
have the discretion to reduce such excess accrual by pay any time during such ninety(90)calendar day period.
7.4. Health and Welfare Insurance
7.4.1. Effective January 1, 2020, based upon December 2019 hours the Employer shall remit, as outlined in 7.4.2
below, to the Washington Teamsters Welfare Trust, care of Northwest Administrators, on behalf of each employee
who received compensation for eighty (80) or more hours in the previous calendar month, the sum required for the
following plans:
Insurance Coverage Premium Effective 1-1-2020
"Medical—Plan C $1062.00
Time Loss Plan C $6.00
Dental—Plan A $120.50
Vision—Extended $17.10
Total Premiums $1205.60
* Effective March 1, 2020, based on February 2020 hours the medical
plan shall convert to WTWT Plan B.
Insurance Coverage Premium Effective 3-1-2020
Medical—Plan B $1268.00
Time Loss Plan C $6.00
Dental—Plan A $120.50
Vision—Extended $17.10
Total Premiums $1411.60
7.4.2. . Effective January 1, 2020 the Employer will contribute toward the premiums for the insurance enumerated
in Section 7.4.1 a total of one thousand two hundred fifty dollars ($1250). The employee shall pay the sum
required in excess of the Employer's contribution via a monthly payroll deduction. The Employer agrees to a re-
opener limited to the Employer contribution amounts for defined medical, dental and vision plans for the years
2021 and 2022. The outcome of these re-openings shall not result in any decrease to the agreed health and
welfare contribution amount from the prior year.
7.4.3. Maintenance of Benefits. The trustees of the Washington Teamsters Welfare Trust may modify benefits
or eligibility of any plan for purpose of cost containment, cost management, or changes in medical technology and
treatment. In the event premiums are increased, the Employer's contribution shall at all times be equal to the
amounts outlined in 7.4.2. Those premiums are allocated by agreement of the parties so that dental and vision
insurance is fully paid through the Employer's contribution.
7.4.4. Payments. The Employer will be responsible for paying to Northwest Administrators its monthly
contributions and those withheld from employees' wages on or before the tenth (10th) day of the month. Upon
Union request, copies of all transmittals pertaining to benefits under this Section shall be posted on the Union
bulletin board.
7.4.5. Delinquency. If the Employer is delinquent in payments, the Employer shall be liable for the payment of
any claims incurred by employees or dependents during such delinquency.
7.4.6. Trust Agreement. The Washington Teamsters Welfare Trust Agreement shall be incorporated herein and
deemed part of this Agreement as though fully set forth.
7.4.7 Current Employee enters Prosecutor's Bargaining Unit. Whenever a current Lewis County employee
enters into the Prosecutor's bargaining unit from another bargaining unit or from a non-represented position in
which health care in provided through the Washington Teamsters Welfare Trust, and where the employee would
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otherwise have a one-month gap in coverage under the Washington Teamsters Welfare Trust due to the Trust's
lag month eligibility rules, the Employer shall be required (with its initial payment to the Washington Teamsters
Welfare Trust only) to make a double premium contribution for health care coverage to pay for the normal initial
month coverage provided by the Trust as well as the preceding lag month which is not normally covered during an
employee's eligibility period when enrolling in health care coverage provided under the Washington Teamsters
Welfare Trust. For the purpose of premium cost sharing, the employee shall be responsible for their portion of the
premium as set forth in the Collective Bargaining Agreement, excluding the month in which double premium
coverage is made. The Employer shall pay entire premium of the second (2nd)contribution.
7.5. Group Life& Health/Accident Insurance
7.5.1. Life Insurance. A group life insurance policy is provided for each employee in the amount of twelve
thousand dollars ($12,000). The employer pays the entire premium and the coverage is effective upon the first
day of the month following the month in which the employee is hired, unless the employee is hired on the 1st. In
the event the amount of the group coverage for employees is increased during the term of this agreement, such
increased amount shall also be provided to the employees covered by this Agreement.
a) Dependents can also be covered for an amount and at the cost identified in the yearly resolution
of benefits at the employee's expense.
b) Supplemental life insurance shall also be made available to the employees at the employee's own
expense. The amount of supplemental life insurance coverage that is available shall be determined by the
provider.
7.5.2. Health & Accident Insurance: Health and accident insurance coverage information shall be provided for
each employee. The employer pays the entire premium and the coverage is effective upon the first day of the
month following the month in which the employee is hired, unless the employee is hired on the 1st. Information on
the specific benefits provided by this program shall be provided by the Employer to an employee upon initial
employment.
7.5.3.The monthly premiums, for the above listed benefits, are independent of any other monthly contributions
made on an employee's behalf for health and welfare coverage.
7.6. Bereavement Leave
7.6.1. Up to three (3) days with pay per decedent shall be granted without any sick leave debit in the case of a
death of the employee's spouse, spouse's parents, child, parent, grandparents, siblings, spouse's siblings, or
other person who is a non-pecuniary resident of the employee's household.
7.6.2.An employee shall be allowed to utilize up to three (3) sick leave days for bereavement in the case of death
of a member of the employee's "immediate family". "Immediate Family" shall include only persons related by
blood, marriage, or legal adoption in the degree of consanguinity of grandparent, parent, spouse, brother, sister,
child, or grandchild, and any other person who is a non-pecuniary resident of the employee's household.
7.7. Sick Leave
7.7.1. With each month of completed continuous employment with Employer, sick leave with pay shall be accrued
by each full-time employee at the rate of eight(8) hours. . When an employee has accrued sick leave in excess of
one thousand three hundred twenty (1320) hours at the end of the calendar year, the employee's accrued sick
leave shall revert to one thousand three hundred twenty (1320) hours as of the first (1st) day of January of each
calendar year. Part-time employees shall accrue monthly sick leave in the same manner as set forth above,
except that a part-time employee's monthly accrual of sick leave shall be reduced in proportion to the number of
hours worked by the part-time employee compared to the number of hours worked by a full-time employee. By
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way of example only, a part-time employee who works one hundred thirty (130) hours in a given month would
accrue six(6) hours sick leave.
Sick leave may be used in fifteen (15) minute increments. Accrued sick leave shall be debited in accordance with
actual time of absence due to illness. A written sick leave slip must be submitted for approval prior to
authorization for payment.
7.7.2. An employee may take leave for illness, requiring the employee's attendance, in their immediate family.
"Immediate family" shall include only persons related by blood, marriage or legal adoption in the degree of
consanguinity of grandparent, parent (including biological, adoptive, de facto, or foster, step, or legal guardian of
an employee or the employee's spouse or registered domestic partner, or a person who stood in loco parentis
when the employee was a minor child), wife, husband, brother, sister, child (including biological, adopted, or foster
child, stepchild, or a child to whom the employee stands in loco parentis, is a legal guardian, or is a de facto
parent, regardless of age or dependency status), or grandchild, registered domestic partner, and any relative living
in the employee's household. An employee may use accrued sick leave for maternity or paternity purposes. Any
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.
7.7.3. An employee who takes more than three (3) workdays sick leave due to any one illness or for three (3)
consecutive sick leave days for self or for illness in the immediate family may be required by the Prosecuting
Attorney or his designee to produce a letter from a medical doctor verifying the illness or necessity of attendance.
7.7.4. Any employee, except temporary, probationary, or just cause terminations, shall receive remuneration at a
rate equal to one (1) hours current straight time monetary compensation of the employee for each two (2) hours of
accrued sick leave, to a maximum of three hundred sixty (360) hours of pay. In the case of the employee's death
while in employ of the Employer, the employee's designated beneficiary or estate shall receive the same benefits.
In the event that an employee is re-hired by the County within 12 months of having terminated employment with
the County, the number of hours which would be equivalent to the dollar value of any previous sick leave cash out
shall not be restored upon re-hire. Any sick leave hours restored to a re-hired employee shall have no cash value
and shall be excluded from any subsequent cash out payment. In addition, any sick leave hours restored to a re-
hired employee shall be accounted for separately, and annual carry-over for all such restored sick leave hours
shall be limited to forty(40) hours.
7.7.5 An employee who uses sick leave shall utilize leave in fifteen (15) minute increments.
7.8. Training
7.8.1. The Employer shall be permitted to conduct or direct the attendance of an employee, and such employee
shall attend, any and all school and training sessions as directed by the Employer.
7.8.2.An employee attending Employer mandated training shall be compensated at the employee's applicable rate
of pay.
7.8.3. All employer-mandated training time for an employee commuting to training outside the employee's normal
portal to portal travel shall be paid at the employee's applicable rate of pay.
7.8.4. The Employer shall pay for tuition or registration fees and reasonable expenses incurred incident to such
mandated attendance.
7.8.5. 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 must occur outside the employee's regular working hours; and
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b)Attendance must, in fact, be voluntary; and
c)The employee must do no productive work while attending; and
d)The program, lecture, or meeting should not be directly related to the employee's job.
7.8.6.The Employer shall endeavor to provide training to support staff employees on an on-going basis. A written
request for such training shall be made by the employee to the Prosecuting Attorney or his designee at least
fifteen (15) days in advance of the requested training. The Employer shall either approve or deny the employee's
request within seven (7) calendar days from the date of receipt, based on funding restraints, adequate staffing,
and/or job relevance.
7.9. Shop Steward & Negotiating Committee
7.9.1. The Shop Steward(s) and/or designated negotiating committee member(s), for an aggregate total not to
exceed two (2) employees, shall be allowed to participate in contract negotiations without debit to accrued leaves
or without loss of pay. The Employer may request that negotiations be conducted on a "split time" basis, half on
Employer paid time and half on the employee's non-paid time and such request would be honored provided that
advance written notice is provided to the Union.
7.9.2. The Shop Steward(s) shall also be permitted to post appropriate meeting notices and general Union
information on employee bulletin boards and confer with the Union Representative during working hours provided
that such contacts do not unduly interrupt his or her required work.
7.10. Educational Reimbursement
7.10.1. The Employer is desirous of having 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.
7.10.2. To qualify for reimbursement, the employee must make application to, and receive prior approval from, the
Prosecuting Attorney. Such approval shall be at the sole discretion of the Prosecutor.
7.10.3. 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.
7.10.4. If an employee's application is approved, the reimbursement will be for tuition only if and 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.
7.10.5. 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.
7.10.6. Reimbursement shall be for actual tuition, or the cost of the course. All other expenses, such as travel
shall be borne by the employee. Book reimbursement may be requested and may be granted on a case by case
basis; however, book reimbursement shall be at the sole discretion of the Employer.
7.11. Longevity
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7.11.1. 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:
Months of County Service I Amount added to Salary
After 7 years $42.00 per month
After 8 years $48.00 per month
After 9 years $54.00 per month
After 10 years $60.00 per month
and an additional $6.00 per month for each year after ten.
8. THE EMPLOYMENT RELATION AND DISCIPLINE
8.1. Commencement and Termination of the Employment Relationship
8.1.1. The employment relationship is commenced by completion of all of the following: an application,
presentation of credentials required by the Employer and by law; authorization by the Prosecuting Attorney to
perform duties; establishment of payroll credential; and commencement of performance of duties.
8.1.2. The employment relationship ceases upon the occurrence of any of the following events: resignation,
including retirement; continued absence from work following exhaustion of applicable authorized leave;
termination.
8.2. Duties of Employment
8.2.1. All employees shall conduct themselves courteously and in a manner that will be consistent with the
established rules and regulations, and work together, individually and collectively to perform the duties assigned,
to the satisfaction of the Employer.
8.2.2. The Employer and the Union 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 Union recognize that cessation or interruption of the
services of the employees is in violation of this Agreement.
8.2.3. During the term of this Agreement, the Union and the employees covered by this Agreement 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 propose of inducing, influencing or coercing a
change in his or her conditions of compensation, or the rights, privileges, conditions, or obligations of employment.
8.2.4. The Union and the employees agree that they will not honor any picket line established by any labor
organization in the event of being called to cross such picket line in the performance of duty.
8.2.5. An employee covered by this Agreement who engages in any of the foregoing prohibited actions shall be
subject to such disciplinary or discharge actions as may be determined by the Employer.
8.2.6. An employee shall not be entitled to any benefits or wages whatsoever while they are engaged in a strike,
boycott, slowdown, mass sick call or any form of work stoppage, refusal to perform duties, or interruption of work
or prohibition contained in the foregoing paragraphs.
8.2.7. 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 Union of the alleged breach. The Union shall use all
reasonable effort to secure employee compliance with this Section.
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8.3. Just Cause
8.3.1. 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 new hire probationary employees, whose employment is
strictly"at will."
8.3.2. Just Cause shall be defined as defined in the case Enterprise Wire Co. and Enterprise Independent Union,
March 28, 1966, 46 LA 359.
8.4. Degree of Discipline
8.4.1. It is the responsibility of the Employer or designee to investigate and evaluate the circumstances and facts
of any complaint or allegation made against an employee. The Employer will then apply the most suitable form of
discipline provided that a determination is made that discipline is warranted. There are several types of
disciplinary actions which may be applied to discourage detrimental behavior or actions. The employee has the
right of Union representation at each step of the discipline procedure.
8.4.2. Nothing within this provision shall be construed to limit the Employer's ability to impose administrative leave
as a precursor to possible disciplinary action.
8.5. Types of Discipline
8.5.1. Oral Warning: This type of discipline should be used for infractions of relatively minor degree. The
Employer should inform the employee in private that it is an oral warning and that the employee is being given an
opportunity to correct the condition. If the condition is not corrected, the employee will be subject to more severe
disciplinary measures.
8.5.2. Written Warning: This notice will be issued by the Employer in the event the employee continues to
disregard 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 in detail and will sign the notice
and discuss it with all parties to assure that reasons for the disciplinary action are understood by all.
8.5.3. Suspension: This form of discipline is administered as a result of: a) a significant infraction; or b)violation
after the employee has received a written warning and has not adequately improved performance. This is a
significant form of discipline. The Employer shall set forth the steps leading to the reason for the disciplinary
suspension and the duration of the suspension. The employee shall be informed of the disciplinary action, making
the employee fully aware of the reasons for such act. The original signed copy of the disciplinary action notice is
to be placed in the employee's personnel file with a copy provided to the employee.
8.5.4. Discharge: Prior to taking action on the discharge of an employee, the Employer should have reasonable
cause to believe that sufficient facts exist to make the decision. If in the opinion of the Employer, the infraction(s)
is so severe as to necessitate immediate termination, the Employer should take action by placing the employee on
suspension without pay until completion of the pre-termination hearing. A predetermination hearing in which the
employee is advised of the basis for discharge shall occur prior to a permanent termination.
9. GRIEVANCE PROCEDURE
9.1. Purpose and Scope
9.1.1. For purposes of this Article, a grievance is defined as a dispute or complaint arising under and during the
term of this Agreement, raised by an employee or the Union involving an alleged misapplication or
misinterpretation of an express provision of this Agreement. This grievance procedure shall be the exclusive
means for resolving such grievances.
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9.2 Time Limits
9.2.1. Time limits within the grievance procedure may be waived or extended by the mutual agreement of both
parties. If the Union, on behalf of the employee, fails to act or respond within the specified time limits, the
grievance will be considered waived. If the Employer fails to respond within the specified time limits, the grievance
shall proceed to the next available step of the grievance procedure.
9.3. Processing Steps
9.3.1. Step One: The Union, on behalf of the aggrieved employee, shall submit the grievance in writing to the
Prosecuting Attorney within fourteen (14) calendar days of the events giving rise to the grievance. The written
statement shall include the facts giving rise to the grievance, the section(s) of the Agreement allegedly violated,
and the remedy sought. The Prosecuting Attorney shall respond to the grievance in writing within fourteen (14)
calendar days of its receipt.
9.3.2. Step Two: Should Step One fail to resolve the grievance, the Union shall within fourteen (14) calendar days
after the Union's receipt of the Prosecuting Attorney's or designee's decision give notice to the Employer of its
intent to submit the grievance to arbitration. Any disciplinary matter other than suspension, demotion or discharge
shall not immediately proceed to arbitration but shall be held in abeyance and be subject to resolution by
arbitration only if such prior discipline is being relied upon by the Employer in the case of a subsequent disciplinary
action, in which case the grievance which was held in abeyance will be decided at the arbitration of the
subsequent disciplinary matter.
9.4. Arbitration
9.4.1. Within fourteen (14) calendar days of the Employer's receipt of the Union's request to arbitrate, a
representative of the Union and a representative of the Employer shall meet and attempt to agree on a neutral
arbitrator. If unable to reach agreement, they shall request a list of eleven (11) arbitrators from the Federal
Mediation and Conciliation Service ("FMCS"). The list shall be limited to arbitrators who are members of the
National Academy of Arbitrators from the nearest sub-region.
9.4.2. Within fourteen (14) calendar days following receipt of the list of eligible arbitrators, the parties or their
representatives shall meet to select an arbitrator. The parties shall each strike five (5) arbitrators from the list in
alternating order, and the remaining arbitrator shall hear the dispute. The party exercising the first strike shall be
the loser of a flip of a coin.
9.4.3. 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. All other matters shall be excluded from arbitration.
9.4.4. 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.
9.4.5. The decision of the arbitrator shall be final, conclusive and binding upon the Employer, the Union, and the
employees involved provided the decision does not involve action by the arbitrator which is beyond its jurisdiction,
9.4.6. Each party shall bear its own costs associated with the arbitration, including attorney's fees and shall pay
one-half of the cost of the arbitrator.
9.4.7. The arbitrator's decision shall be made in writing and shall be issued to the parties
10. EMPLOYEE COMPENSATION
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10.1. Salaries
10.1.1. Salary schedules shall be attached to this agreement as appendixes.
10.2. Pay day
10.2.1. Compensation for time from the 1s1 of the month through the 15th shall be paid on the 25th, and
compensation for time from the 16th through the end of the months shall be paid on the 10th 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 25th. Each overtime shall be subject to payment in the pay cycle the
overtime was earned.
10.2.4 Employees hired the first (1st) through the fifteenth (15th) of the month shall have their accrual date
recognized as the first (1st) of the applicable month, and those hired between the sixteenth (16th) and the end of
the applicable month, shall have their accrual date recognized as the sixteenth (16th) of the applicable month.
11. SENIORITY
11.1. Seniority Standing
11.1.1. Each employee shall have seniority standing equal to such employee's continuous length of service with
the Prosecuting Attorney's Office in a position within the bargaining unit. A seniority list shall be attached to this
agreement as Appendix B.
11.1.2. Seniority shall be terminated by separation from County employment whether by discharge or resignation.
Seniority shall be adjusted by the duration of absence in cases of Employer granted leave of absence, however,
the Employer, at the Employer's sole discretion, may grant continuance of seniority in the case of a leave of
absence for educational purposes. An Employer granted leave of absence due to illness and/or disability shall not
result in an adjustment of the employee's seniority date.
12. LAY OFF
12.1. Procedure
12.1.1. In the event of a lay-off of regular employees, such employees shall be laid off in reverse order of seniority
within the bargaining unit.
12.1.2 Employees to be laid off shall be notified, in writing, a minimum of thirty (30) calendar days in advance of
the anticipated event.
12.1.3 When employees have the same seniority date in the bargaining unit, ties shall be determined by
continuous length of service in the Prosecutor's Office. Should there still be a tie; it shall be determined by the
employees' continuous length of service with the Employer. Should there still be a tie: the tie shall be determined
by a coin flip by the Prosecutor, witnessed by the Union and the affected employees. An employee returning from
layoff shall maintain his/her last date of hire. However, an employee shall not accrue benefits during his/her layoff
period. For example, an employee who worked 60 months prior to being laid-off and was laid-off for 12 months
shall return and resume accruing vacation starting at the 60 month level of accrual.
12.1.4 While in layoff status only, the employees; right of recall shall expire and seniority shall be broken after
twelve(12) months.
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12.1.5 Employees who are on layoff status, shall be recalled into any bargaining unit vacancy by seniority provided
the employee is qualified to fill the position. Vacant positions are positions that have remained vacant after the
requirements of article 5.2 have been filled. "Qualified" shall mean possession of knowledge, skills, and ability to
carry out the duties and task related to functions of the position.
12.2 Reduction of Hours
12.2.1. Voluntary Reduction of Hours: Based upon mutual agreement between the Employer and the employee,
the Employer may request an employee(s) to voluntarily reduce his or her normal weekly work hours on a
temporary or permanent basis. Employee(s) may volunteer to accept the reduced hour weekly work schedule,
however, following the offer and acceptance of reduced work hours schedule, the Union and the Employer shall
meet to set forth in writing the specific conditions under which the reduced weekly work hour schedule shall be
worked (e.g., reversion rights, benefit accrual, etc).
12.2.2. Mandatory Reduction in Hours: The Employer is entitled to mandate the reduction of employee's normal
work weekly hours, however, any such mandatory reduction of an employee's normal weekly work hours shall be
considered tantamount to a layoff and shall be handled in accordance with Section 12.1., Lay off Procedures of
this agreement.
13. USE OF VOLUNTEERS
13.1. Limitations
13.1.1. Volunteers, casual employees or individuals providing services to the Employer through a State or
Federally funded retraining work programs may be used to supplement but not supplant a support staff position in
the work force.
14. SEVERABILITY
14.1. Severability
14.1.1. Any portion of this Agreement which is held by a competent tribunal to be invalid or otherwise
unenforceable, or any portion which is rendered so by operation of law, shall be ineffective to the extent of such
invalidity or unenforceability without invalidating the remaining provisions of this Agreement. To the extent
permitted by applicable law, the parties to this Agreement waive any provision of law which prohibits, renders void,
or makes any provision of this Agreement unenforceable. If the invalidity of any portion of this Agreement shall
deprive any party of the economic benefit intended to be conferred by this Agreement, the parties shall negotiate,
in good-faith, to develop a structure the economic effect of which is as close as possible to the economic effect of
this Agreement without regard to such invalidity.
LEWIS COUNTY PROSECUTOR/TEAMSTERS UNION LOCAL14252
2020 through 2022 Collective Bargaining Agreement 19
15. DURATION OF AGREEMENT
15.1. This Agreement shall be effective as of January 1, 2020 and shall remain in full force and effect to and through
9 rY 9
the 31st day of December, 2022
15.2. 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 by October 1st of the last year to the agreement
Signed this l day of , 2020.
TEAMSTERS UNION LOCAL NO. 252 BOARD OF COUNTY COMMISSIONERS
Lewis County,Washington
C— D 1:641/1
Rus alpole,Treasure Gary Stam er, air
il Ale
i, / 4� l -3- Hl
andi Cardin, Business Agent .na J. und,Co-Cho r
/ 4 II
Robert ' Jackson, Commissioner
LEWIS COUNTY PROSECUTOR'S OFFICE
Jonathan,Me , Pros outing Attorney
Lam/
Attest
/-1---4---___D
ieva Lester,Clerk of the Board
LEWIS COUNTY PROSECUTOR/TEAMSTERS UNION LOCAL#252
2020 through 2022 Collective Bargaining Agreement 20
16. APPENDIX A-Salary Schedules
16.1. 2020—2022 Wage Adjustment
16.1.1 Effective January 1, 2020, the 2019 Salary Schedule shall be adjusted by two percent(2%).
16.1.2 Effective January 1, 2021, the 2020 Salary Schedule shall be adjusted by two and one quarter percent(2.25%).
16.1.3 Effective January 1, 2022, the 2021 Salary Schedule shall be adjusted by three percent(3.00%).
16.1.4 Me Too Clause The parties agree that if at any time during 2020, COLA's or increased health & welfare
contributions are granted within the county to other bargaining units, guilds, unrepresented employees, excluding
interest arbitration groups, elected officials, and/or defined market positions; then, said COLA or health and welfare
contribution increases which exceed that shown for 2020 for this group shall be extended to the employees
represented by this contract, effective as of the same date as the higher COLA or health and welfare contribution
increase of any of those groups mentioned above. This provision shall be valid only for this term of this contract.
16.2. Classifications and Salary Ranges:
16.2.1. The classifications and ranges listed below shall become effective as of January 1st of each respective
year as set forth below. Step placement on each range shall be commensurate with the employee's tenure in a
particular classification with this Employer unless started at a higher step by the Prosecuting Attorney in which
case the employee shall progress to his/her next step within the time guidelines set forth above. Individual step
placements and step advancement anniversary dates shall remain unaffected when a salary range adjustment
occurs.
Classifications 2020 Salary Ranges
Office Assistant Grade 14
Legal Assistant Grade 15
Paralegal Grade 17
Senior Paralegal Grade 19
16.2.2. The employee's individual regular hourly rate of pay, for application under this agreement, shall be
computed in accordance with the requirements set forth in the Fair Labor Standards Act.
16.2.3. The Senior Paralegal may perform the duties of Superior Court Trial Calendars and Decline Letters for
Chief Criminal and Chief Civil Deputy Prosecuting Attorneys. These duties are part of the Senior Paralegals pay
and are not subject to article 5.11, Out of Classification pay. In addition, the Superior Court Trial Calendars and
Decline Letters will not acclimate into bargaining unit work.
LEWIS COUNTY PROSECLTOR1TEAMSTERS UNION LOCAL#252
2020 through 2022 Collective Bargaining Agreement 21
17. APPENDIX B -Seniority Dates
Date of Hire
Teri Bryant 11/01/1995
Holly Miller 08/01/1996
Julainne Baum 07/30/2001
Alecia Simonds 08/27/2007
Johna Martin 04/02/2008
Brittani Bonahoom 11/14/2011
Heather Maine 11/19/2013
Tiffini Walker 06/20/2016
Lori Jendryka-Cole 07/11/2016
Tammi Amman 05/04/2018
Shery Castagno 08/31/2018
Martiza Bravo 06/21/2019
Cassie Fuller 09/10/2019
Natalie Dunlap 12/16/2019
LEWIS COUNTY PROSECUTOR/TEAMSTERS UNION LOCAL#252
2020 through 2022 Collective Bargaining Agreement 22
BOCC AGENDA ITEM SUMMARY
Resolution: BOCC Meeting Date: Jan. 13, 2020
Suggested Wording for Agenda Item: Agenda Type: Deliberation
Resolution to Approve a Collective Bargaining Agreement Between Lewis County & Teamsters 252
Representing the Prosecutors Clerical Group for Calendar Years 2020-2022
Contact: Daleyn Coleman Phone: x1408
Department: HR - Human Resources
Description:
Resolution to Approve a Collective Bargaining Agreement Between Lewis County & Teamsters 252
Representing the Prosecutors Clerical Group for Calendar Years 2020-2022
Approvals: Publication Requirements:
Publications:
User Status The Chronicle
PA's Office Pending
Additional Copies: Cover Letter To:
Suzette Smith, Kayla Reynolds, Steve Walton,
Janelle Kambich