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HomeMy WebLinkAbout110915_ca10Consent Agenda Commissioners Office JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS TO: FROM: DATE: SUBJECT: STATEMENT OF ISSUE: AGENDA REQUEST Board of County Commissioners Philip Morley, County Administrator Erin Lundgren, Clerk of the Board November 9, 2015 AGREEMENT and SUBSCRIPTION AGREEMENT re: Collective Bargaining Agreement and Trust Participation for the Jefferson County Sheriff's Office Command Staff; Teamsters Local #589 and Washington Teamsters Welfare Trust The Collective Bargaining Agreement with Teamsters Local #589 covering the Jefferson County Sheriffs Office Command staff expired December 31, 2014. ANALYSIS: Negotiations have been conducted with the Teamsters Union representative and shop stewards resulting in a proposed agreement that has been ratified by the represented employees. In addition to the Collective Bargaining Agreement, a subscription agreement is included for employees to participate in the Washington Teamsters Welfare Trust in order to receive health care benefits. FISCAL IMPACT: Proposed changes in wage adjustments are as follows: Effective July 1, 2015, the 2014 Step F wage rate wil be increased by $3.89 per hour and all other lower steps proportionately adjusted; 0% - no general wage rate increase for 2016; Bargaining will open on or after October 2016 for 2017 wage rates. RECOMMENDATION: Approve and sign the Collective Bargaining Agreement and the Subscription Agreement. REV Y• Phi ip Morley Cty Adminii Date AGREEMENT by and between JEFFERSON COUNTY and TEAMSTERS LOCAL UNION NO. 589 OF THE INTERNATIONAL BROTHERHOOD OF TEAMSTERS Covering SHERIFF'S OFFICE COMMISSIONED COMMAND STAFF (Sergeant and Captain) From the date of Adoption through December 31, 2017 AGREEMENT by and between JEFFERSON COUNTY SHERIFF'S OFFICE COMMISSIONED COMMAND STAFF (Sergeant and Above) and TEAMSTERS LOCAL UNION NO. 589 OF THE INTERNATIONAL BROTHERHOOD OF TEAMSTERS TABLE OF CONTENTS ARTICLE 1 -RECOGNITION ...................................... ARTICLE 2 - UNION SECURITY ................................ ARTICLE 3 - UNION MANAGEMENT RELATIONS ARTICLE 4 - NON-DISCRIMINATION ...................... ARTICLE 5 - UNION AND EMPLOYEE'S RIGHTS.. ARTICLE 6 - PERSONNEL RECORDS ........................ ARTICLE 7 - SENIORITY AND ABILITY ................... ARTICLE 8 - HOURS OF WORK ................................. ARTICLE 9 - OVERTIME COMPENSATION ............ ARTICLE 10 - COMP -TIME ......................................... ARTICLE 11 - JURY DUTY .......................................... ARTICLE 12 - CALL BACK & Extra Schedule ..........., ARTICLE 13 - GRIEVANCE PROCEDURE ................ 13.6 STEPS IN THE GRIEVANCE PROCEDURE: ..................................................... ARTICLE14 - WAGES............................................................................................................... ARTICLE 15 - EDUCATIONAL TRAINING............................................................................ ARTICLE16 - LONGEVITY...................................................................................................... ARTICLE 17 — HOLIDAYS (for employees on Monday -Friday schedule or equivalent).......... ARTICLE18 - VACATIONS...................................................................................................... ARTICLE 19 - SICK LEAVE ........................... ARTICLE 20 - BEREAVEMENT LEAVE ...... ARTICLE 21— MILITARY LEAVE ..................................... ARTICLE 22 - UNIFORMS ................................................... ARTICLE 23 - JOB INFORMATION ................................... ARTICLE 24 - HEALTH AND WELFARE .......................... ARTICLE 25 - DENTAL ....................................................... ARTICLE 26 - VISION.......................................................... ARTICLE 27 - MAINTENANCE OF BENEFITS ................ ARTICLE 28 - SAVINGS CLAUSE ..................................... ARTICLE 29 - LABOR MANAGEMENT COMMITTEE ... ARTICLE 30 - TERMINATION ............................................ Appendix"A„ Wages............................................................. APPENDIX `B" EMPLOYEE BILL OF RIGHTS ................ Jefferson County Sheriffs Office—Command Staff 5 6 7 8 8 8 9 9 10 12 12 12 12 13 15 17 ...................... 17 ........I ............. 17 ...................... 18 19 19 19 19 19 19 .......................... 20 .......................... 21 .......................... 23 January], 2015 through December 31, 2017 Page 2 of 24 AGREEMENT by and between JEFFERSON COUNTY SHERIFF'S OFFICE COMMISSIONED COMMAND STAFF (Sergeant and Above) and TEAMSTERS LOCAL UNION NO. 589 OF THE INTERNATIONAL BROTHERHOOD OF TEAMSTERS January 1, 2015 through December 31, 20 This document constitutes an agreement between the Sheriffs Office of JEFFERSON COUNTY, a political subdivision of the State of Washington and TEAMSTERS LOCAL 4589, Port Angeles, Washington. ARTICLE I- 1.1 The Employer recognizes the Union as the designated representative for all bargaining unit Employees that are regular, full time, fully commissioned Peace Officers in the Sheriff's Office who are of the rank of Sergeant through Captain for the purpose of collective bargaining with respect to wages, hours and other conditions of employment. Part Time and Provisional employees shall not be Bargaining Unit members and shall not be covered by this Agreement for any purpose. ARTICLE 2 -UNION SECURITY 2.1 It shall be a condition of employment that all Employees of the Employer covered by this agreement who are members in good standing of the Union on the effective date of this agreement shall remain members in good standing and those who are not members on the effective date of this agreement shall on the 31st day following the effective date of this agreement become and remain members in good standing in the Union. It shall also be a condition of employment that all Employees covered by this agreement hired on or after its effective date shall on the 31st day following the beginning of such employment become and remain members in good standing in the Union. PROVIDED THAT, if a public Employee is a member of a church or religious body whose bona fide religious tenets or teachings forbid said public Employee to be a member of a labor union such public Employee shall pay an amount of money equivalent to the regular union dues and initiation fee of the Union to a non -religious charity or to another charitable organization mutually agreed upon by the Employer and the Union. The Employer shall furnish written proof to the Union that such payment has been made. If the Employer and the Union do not reach an agreement on the choice of the non -religious charity to whom the union dues and initiation fee are to be paid, the Washington State Department of Labor and Industries shall designate the charitable organization. ARTICLE 3 - UNION MANAGEMENT RELATIONS 3.1 All collective bargaining with respect to wages, hours, and working conditions of employment, shall be conducted by authorized representatives of the Union and authorized representatives of the Employer. Jefferson County Sheriffs Office—Command Staff January 1, 2015 through December 31, 2017 Page 3 of 24 3.2 Agreements reached between the parties of this agreement shall become effective only when signed by designated representatives of the Union and the Employer. It is understood and agreed that the County possesses the sole right to operate the Sheriffs office in order to properly carry out the functions of county government and that all management rights rest with the County except as may be specifically restricted by this document. 3.3 All conditions of employment provided by County Policy not superseded by this Agreement with its past practices shall apply to unit employees. 3.4 The Parties recognize the inherent Rights of Management to manage the affairs of the Employer; however, in the exercise of such Management Rights the administration of discipline after trial period is satisfactorily completed shall only be for just cause. 3.5 The parties recognize the Sheriff has absolute authority with respect to Deputy Assignments. ARTICLE 4 - NON-DISCRIMINATION 4.1 The parties agree that there will be no discrimination against any employee because of their race, sex, age, religion, color or ancestry, in the administration or application of the terms of this agreement. Claimed violations of this sub -Article 4.1 shall not be subject to Article 13, Grievance Procedure, but must be resolved/adjudicated in other appropriate forums. 4.2 No employee covered by this agreement shall be discriminated against because of membership in the Union or lack thereof, or activities on behalf of the Union; provided, however, that such activity shall not be conducted during working hours or be allowed in any way to interfere with the Employer's operations. ARTICLE 5 - UNION AND EMPLOYEE'S RIGHTS 5.1 An Employee acting within the limits of the authority established by the Employer, who is injured during the performance of assigned duties, shall report all injuries within that shift to the appointing authority. 5.2 Duly authorized representatives of the Union shall be permitted access to the properties of the Employer at reasonable times for the purpose of observing working conditions and transacting Union business; provided, however, that the Union Representative first secures approval from a designated Employer Representative and that no interference with the work of Employees or the proper operation of the Employer shall result. 5.3 The Employer agrees to provide bulletin board space for posting of official Union notices which shall be signed by a responsible agent of the Union. 5.4 The Union shall be permitted to establish job stewards. The duties of the job steward shall be to give the Union notice of new Employees hired and to receive complaints and if not resolved as provided in Section 13.6 will be communicated to the Business Agent of the Union, who in turn will take the matter up with the Employer. The discussion of Union business and the investigation of grievances shall take place during the Employee's Jefferson County Sheriffs Office —Command Stan January 1, 2015 through December 31, 2017 Page 4 of 24 free time or before or after shift. In the event the investigation of grievances is not possible during the Employees free time before or after shift the Shop Steward shall be allowed a reasonable amount of time during working hours to perform such function, provided that the steward has supervisor approval. Shop Stewards shall not interfere with the management of the County or direct the work of any Employee. Employees have the right to seek the assistance of their Union according to RC W 41.56 5.5 The Shop Steward may sign up new Employees. ARTICLE 6 - PERSONNEL RECORDS 6.1 All personnel records are confidential to the extent provided by law. The parties hereto recognize that effective management requires the maintenance of records regarding an Employee's career development. These records may accompany an Employee through succeeding administrators. To ensure that the doctrine of fairness is applied with respect to these records, the following procedure will be adhered to: #1. Whenever any item is entered into or removed from an Employee's personnel file, a copy of same shall be provided to the Employee. Failure to provide a copy to the employee at the time the item becomes part of the employee's record renders such item VOID. #2. Any item that reflects unfavorably on the employees and will be retained in a personnel record shall be initialed by the employee. The employee's initials are not an admission of gui It but verification that they have seen it and it is item that was put in record. If the employee refuses to initial the document, management shall note such and put the document in the personnel file. Failure to provide the item to the employee for signature renders the item VOID and it shall be removed from the employee's file and destroyed. #3. In the case that an item reflects unfavorably upon an Employee, the Employee shall be allowed an opportunity to respond (within up to five (5) working days) to the content of the item, in writing, and the Employee's response shall be included in the personnel file, and one copy shall be provided to the Local Union. Failure to permit an employee response or to staple the response to the unfavorable paper renders the item VOID. #4. Each Employee shall be allowed access to his/her personnel records for review of its contents at reasonable times and upon reasonable notice. Employees shall be permitted to add explanations, exceptions or comments regarding any item in the record and may staple their insertion to the relevant document so long as no damage is done to the file content. #5. The Employer through the Sheriff, shall take measures to assure that, within the bargaining unit, only legitimate supervisory and administrative personnel and the employee have access to the employee's personnel record, and that no information verbally or in writing be released from the employee's personnel records unless written permission by the employee has been given, by court order or through Public Disclosure whereupon the employee shall be notified of the request and the requestor. Jefferson County Sheriffs Ofce—Command Staff January 1, 2015 through December 31, 2017 Page 5 of 24 #6. All discipline letters and complaints shall remain as part of the personnel file and expire after two (2) years from the date of the letter or action, unless they remain active due to an ongoing progressive disciplinary action. Expired records shall be so noted including the date of expiration. Expired records may not and shall not be used as a condition precedent to any future disciplinary action. ARTICLE 7 - SENIORITY AND ABILITY 7.1 Seniority according to this agreement shall consist of the continuous service of the employee with the Sheriffs Office. No employee shall have his/her seniority established prior to completing the trial period with the Sheriff s Office. The employee's earned seniority shall not be lost because of absence due to illness or authorized leaves of absence. The seniority list shall be brought up to date each year on January 1, and posted in a conspicuous place within the Office. 7.2 Trial Period: All employment within a classification of the Sheriff s Office shall be on a trial basis for the first twelve (12) months of employment. If the employee's performance does not meet the standards established by the Sheriff during the trial period, or if it is otherwise deemed advisable to terminate the employment, the employee may be terminated without recourse to any provision, article or section of this Agreement. This probationary period may be extended, one time, up to an additional twelve (12) months with agreement of the employee who shall be notified of the extension at least two (2) weeks before the end of the first 12 month period. 7.2.1 In the event an employee shall transfer from another classification within the Sheriffs Office and become subject to a Section 7.2 trial period and further should such employee not complete such trial period said employee may return to their prior position and seniority except for just cause removal. 7.2.2 Employees completing their trial period shall be dove -tailed into the seniority list of the new classification. 7.2.3 Employees promoted to a higher classification shall be paid at the step nearest to their current wage rate that will result in an increase. Employees reduced to a lower classification shall be returned to the step they held before their reduction but at the pay grade for the new classification. 7.3 Seniority shall be determined based upon years of continuous service as an employee of the Sheriff's Office. Seniority shall be lost after twelve (12) months in layoff status. 7.4 The Sheriff s Office shall seek the most capable individuals to fill supervisory positions. Employees will be considered for supervisory positions in conjunction with other applicants in accordance with civil service rules and regulations. 7.5 Seniority for purposes of layoffs, bidding and promotions shall be considered as that time spent in the classification. 7.5.1 Employees subject to a layoff within a classification and who has completed their trial period in another classification, which may be covered by a separate Jefferson County Sheriffs Office—Command Staff January 1, 2015 through December 31, 2017 Page 6 of 24 collective bargaining contract, shall be eligible to exercise their seniority accumulated during the occupancy of the prior classification based upon their seniority at the time of transfer into the new classification. Such "right of return" is limited to a layoff that would affect the employee's employment and the "right of return" shall only by to the most recent prior classification. 7.6 Lateral Entry. The Sheriff may, within budgetary constraints, waive up to eighteen (18) months of the break in period for previously experienced commissioned personnel. (See Article 13, Section 1.) Such waiver shall not act as a reduction in the Trial Period as set out in § 7.2 above. 7.7 Extra Details such as Washington State Ferries, dances, football games and similar extra details will be posted by the Sheriff. Those Extra Details that compensate a Deputy at the 5th year Deputy rate or more shall be subject to being offered to bargaining unit Sergeants in rotation. A Deputy that declines an offer will go to the bottom of the list as will a Deputy that accepts the assignment. If all Sergeants decline the assignment the Detail may be offered to persons in the Sheriffs Reserve. Extra Details that compensate a Deputy less than 5' year Deputy rate shall be posted for 5 calendar days and if no Deputy accepts the Detail it may be offered to the Sheriffs Reserve. ARTICLE 8- HOURS OF WORK 8.1 Five (5) consecutive days of, eight (8) consecutive hours, or four (4) consecutive days of ten (10) consecutive hours shall constitute a weeks work. 8.1.1 In the event the Sheriff shall assign personnel to "special operations" (generally no more than two weeks in duration) and such special operations necessitates prolonged duty status the Sheriff will not violate §8.1 above in scheduling employees so assigned to non-consecutive days off during the period of the special operation. For purposes of defining what is a special operation the parties have agreed that such duties will be of a magnitude, type and duration that the special operation will be comparable to the "1997 Quilcene drug surveillance and arrest operation". Operations not of equal elements will not be considered a "special operation" for purposes of this Section. Officers assigned non- consecutive days off will be granted an extra day -off without loss of pay upon request and by mutual agreement. 8.2 Work Breaks. Employees are employed in activities that may preclude the observance of set lunch and/or break periods. It is agreed that statutory lunch and break requirements shall be satisfied by employee observance of lunch and breaks on an intermittent basis or pursuant to the County Personnel Policy or as assigned during any work period and no employee shall be deemed to have been required to forgo a work break unless that employee made a request of their supervisor and was denied an opportunity to take the requested break. Observance of intermittent breaks shall comply with work break requirements of law. As provided in RCW 49.12.187 this section shall constitute "agreement." Jefferson County Sheriffs Office —Command Staff January 1, 2015 through December 31, 2017 Page 7 of 24 ARTICLE 9 - OVERTIME COMPENSATION 9.1 Overtime hours are those compensable hours which the employee is assigned to work in excess of forty (40) hours in the week or eight (8) hours in a day for those employees assigned to five (5) day, eight (8) hour shift schedule or after ten (10) hours in a day for those employees assigned to a four (4) day ten (10) hour shift schedule. 9.2 Overtime hours worked shall be paid at the rate of time and one-half (1 Yz) the employee's regular rate of pay. 9.3 Overtime pay shall not be compounded with any other form of premium compensation paid to the employee. 9.4 Those employees who are required to work overtime shall be granted a thirty (30) minute meal period for each four (4) hours of continuous overtime. Employees on restricted movement may have meal expenses paid by the Sheriff's Office. 9.5 If an Employee is required to report between shifts (between the end of an employee's scheduled shift and the start of their next scheduled shift) with less than twelve (12) hours of rest, the employee shall earn pay at the overtime rate for those hours prior to the twelve (12) hour period. This section shall not apply whenever an employee is deprived of the twelve (12) hour rest period as a result of a change of work hours at his/her own request or to meet training and/or mandatory monthly meeting requirements. 9.6 Nothing in this Agreement shall prohibit the Sheriff and an employee from entering into an alternative schedule by mutual agreement where such agreement is to the benefit of the County as determined by the Sheriff and when there is no increase cost to the County resulting from the adoption of the alternative schedule. All alternative schedules shall be in writing and signed by the parties with a copy to the Union and the Human Resource Manager. ARTICLE 10 - COMP -TIME 10.1 Effective upon ratification, all overtime will be paid in by warrant. There is no comp -time accrual. In the event the Sheriff should adopt a comp time program for any employee covered by this Agreement the same benefit shall be available to all other unit employees. ARTICLE 11- JURY DUTY 11.1 Employees called for Jury Duty in any Municipal, County, State or Federal court shall advise the County upon receipt of such call and, if taken from his/her regularly scheduled work for such jury duty, shall be paid at his/her regular hourly rate for those hours that the employee would have spent on his/her regularly scheduled shift, less compensation paid for such Jury Duty. Jefferson County Sheriffs Office—Command Staff January 1, 2015 through December 31, 2017 Page 8 of 24 ARTICLE 12 - CALL BACK & ExTRA SCHEDULE 12.1 An employee called back to work on other than his/her normal work schedule shall be compensated a minimum of two (2) hours at the overtime rate of pay. Hours worked beyond the two (2) hour minimum shall continue to be paid at the overtime rate until relieved of duty. Court time on other than the employees regular work schedule shall be compensated as call back. Call back to Court for witness duty or call -out on a Holiday shall be actual time spent with a minimum of three (3) hours. 12.2 Right of First Refusal: Command Staff shall be offered any available "Extra Schedule Work" at time and one-half (1'/2) filling vacant shifts of traditional Bargaining Unit work PRIOR to such work opportunity being offered to Patrol Deputies. This section does not limit the Sheriff or Undersheriff in personally staffing such vacant shifts. ARTICLE 13 - GRIEVANCE PROCEDURE 13.1 OBJECTIVES: To informally settle disagreements at the employee -supervisor level; to provide an orderly procedure to handle the grievance through each level of supervision; to correct, if possible, the cause of the grievance to prevent future complaints; to promote harmonious relations among employees, their supervisors, and Departmental Administrators; to assure fair and equitable treatment of employees; to resolve grievances at the Departmental level before appeal to higher levels. 13.2 DEFINITIONS: The following terms, as used in this section of the agreement, shall have the following meaning: GRIEVANCE: A complaint by an employee, a Union Representative or the County concerning the interpretation or application of this Agreement. A grievance may be filed when the employee believes an injustice has been done because of unfair application of a policy or an alleged violation of any term or condition of this Agreement or policy. Letters of Reprimand and other non -economic disciplinary actions are not grieveable upon issuance. Disciplinary action, including any underlying supporting Letters of Reprimand, with an economic impact on the employee shall be subject to grievance processing as a single procedure. WORKING DAY: Days the Court House is open for business. EMPLOYEE: Any Employee of the Jefferson County Sheriffs Office covered by this Agreement. IMMEDIATE SUPERVISOR: The person, who assigns, reviews or directs the work of an Employee. SUPERIOR: The person to whom an immediate supervisor reports. REPRESENTATIVE: A person who appears on behalf of the employee DEPARTMENT HEAD: The Sheriff of the County of Jefferson. Jefferson County Sheriffs Office -Command Staff January 1, 2015 through December 31, 2019 Page 9 of 24 13.3 TIME LIMITS: Time limits are established to settle grievances quickly. Time limits may be extended by agreement of the parties. If the grievant is not satisfied with the decision rendered, it shall be the grievant's responsibility to initiate the action which submits the grievance to the next level of review within the time limits specified. Failure of the Employee to submit the grievance within the time limits imposed shall terminate the grievance process and the matter shall be considered resolved. Failure of the County to respond within the time limits specified will allow the grievant to submit the grievance to the next higher step of the grievance procedure. The County shall initiate disciplinary action within a reasonable period of time but not more than 20 working days of the completion of the Sheriff's investigation of the incident leading to discipline. The above referenced Sheriff's investigation will be completed in a reasonable length of time, 13.4 PARTIES RIGHTS AND RESTRICTIONS: A party to the grievance shall have the right to record a formal grievance meeting at the expense of the requesting party. 2. An Employee may have a Union representative present at all steps of the grievance procedure. Reasonable time in processing a grievance will be allowed during regular working hours for the shop steward, with advanced supervisory approval. 4. Nothing within this grievance procedure shall be construed as limiting the right of management to manage the affairs of the County. 5. Grievances of an identical nature, involving an alleged violation of the same Article, section, etc., concerning the same subject matter, may be consolidated. 6. Confidential Communication. Any communication between a member of the Union and any recognized Union representative regarding a potential or actual employee grievance will be defined as confidential. Likewise any commutation between County Management/Administration and a recognized County representative shall be defined as confidential. 13.5 ELECTION OF REMEDIES. The use of this grievance procedure will constitute an election of remedies. An employee seeking redress through the Labor Agreement may not seek judgment of the same matter through the Civil Service Commission. 13.6 STEPS IN THE GRIEVANCE PROCEDURE: Step #1. The employee and/or their representative or the County shall within twenty (20) working days from the occurrence of the incident on which a complaint is based, or within twenty (20) working days of the employee's knowledge of the occurrence, the employee and/or their representative will promptly and verbally meet to discuss the complaint with the employee's immediate supervisor. The supervisor will issue a written decision on the complaint to the employee and the representative involved. Jefferson County Sheriffs office—Command Staff January 1, 2015 through December 31, 2017 Page 10 of 24 Step #2. If the employee feels the immediate supervisor has not resolved the grievance, the employee may appeal to the Sheriff. At this time, all supporting documents and evidence relative to the grievance shall be included with the appeal. The Sheriff shall hold a formal meeting with the employee and their representative, if requested, within twenty (20) working days from the date of the appeal receipt, and attempt to settle the grievance. A decision shall be made, in writing, to the employee by the Sheriff within twenty (20) working days from the close of the formal meeting. Step 43. If the employee feels the Sheriff has not resolved an economic grievance, the employee may appeal to the Jefferson County Commissioners. At this time, all supporting documents and evidence relative to the grievance shall be included with the appeal. The Commissioners or their designee may hold a formal meeting with the employee and the representative, if requested, within twenty (20) working days from the date of the appeal receipt, and attempt to settle the grievance. Step #4. Board of Adjustment: If the grievant is not satisfied with the decision of the Commissioners or their designee, within twenty (20) working days after receipt of the decision, the grievant may submit the grievance to The Teamster's and Employer's Board of Adjustment, or its successor, according to its rules and procedures. In the event the Board cannot resolve the matter the Board Members may agree to a mutually agreeable person or panel to act as sole Arbitrator or failing to agree shall request a list of 11 Washington State Arbitrators from the F.M.C.S. and to alternately strike name until only one name remains who then shall be the Arbitrator. 13.7 The cost of the Board (but, not including any filing related fees) or arbitrator shall be divided equally between the County and the Union. Cost for witnesses, court reporter, or other individual expenses shall be borne by the requesting party. Either party may tape record the proceeding as their personal record of the hearing. Upon request the taping party will make a copy of the tape available to the other party or either party may obtain a copy of any recording made by the Arbitrator. 13.8 Arbitrators are restricted: Unless the Arbitrator finds by a preponderance of the evidence that the County was limited in its actions by a specific provision of this Agreement from taking the action grieved, the Arbitrator shall have no authority to limit the County's action. No Arbitrator shall substitute their judgment for that of the County's so long as that judgment of the County is reasonably exercised. The grieving party shall have the burden of proof that this Agreement was violated, however, the first presenter shall be the Employer in disciplinary cases to demonstrate that discipline complies with this agreement. 13.9 In the event the Arbitrator shall sustain the grievance he/she shall not rule upon a reward until the parties shall have 60 days to negotiate a settlement. If no settlement is achieved the Arbitrator shall take written argument from each party and shall subsequently issue a decision upon a remedy. Jefferson County Sheriffs Office —Command Staff January 1, 2015 through December 31, 2017 Page 11 of 24 ARTICLE 14 - WAGES 14.1 Wage Rates are attached to this agreement at Appendix A and are a part of this agreement by this reference. 14.2 Whenever this agreement requires a wage increase such wage increase shall be effective the first day of the month in which the adjustment occurs. 14.3 The Parties recognize that Sergeants are, as a part of their regular assignments responsible for intermittent phone calls during off-duty time. While off-duty each Sergeant shall be compensated at time -and -one-half for each call that exceeds seven (7) minutes at the rate of fifteen (15) minutes at time -and -one-half and if the call exceeds twenty-two (22) minutes shall be compensated for thirty (30) minutes at time -and -one-half and likewise for each received call. This section is effective at the time Section A.I is adopted. ARTICLE 15 - EDUCATIONAL TRAINING 15.1 The County may enter into a reimbursement agreement with newly hired employee (within the first month of employment) and such agreement shall not violate this agreement. ARTICLE 16 - LONGEVITY 16.1 Upon completion of the following years of employment, the Sheriff's Office shall pay, as an annual longevity bonus, the amounts which follow to eligible Employees at the pay period which follows the anniversary date or month of employment. (1) Five years employment ......... $ 400.00 (2) Ten years employment .......... $ 800.00 (3) Fifteen years employment ..... $ 1,200.00 (4) Twenty years employment.... $ 1,600.00 16.2 Longevity Pay shall be paid in a lump sum to eligible employees in the November pay which will be received by employees in early December of each year. Early terminates are subject to adjustment in their final check. In an employee's first year of eligibility payment will be prorated through November and then annually thereafter. 16.3 Shift Proration. The above amounts are based on an eight (8) hour shift. Longevity for shifts of less than eight (8) hours shall be calculated as a proportionate share based on an eight (8) hour shift. Example: a seven hour shift employee with over five years longevity will receive 7/8 of longevity amount (7 hour shift employee with five years employment, 7/8 of $400 = $350). ARTICLE 17 — HOLIDAYS (FOR EMPLOYEES ON MONDAY-FRIDAYSCL'EDULE OR EQUIVALENT) New Year's Day Washington's Birthday Memorial Day Independence Day Labor Day Jefferson Canute Sheriff's Office—Command Stan January Ist 3rd Monday in February Last Monday in May July 4th First Monday in Sept. January 1, 2015 through December 31, 2017 Page 12 or 24 Veterans Day November 11th Thanksgiving Day Fourth Thursday in Nov. Day after Thanksgiving Fri. after Thanksgiving Christmas Day December 25th Two (2) Floating Holidays 17.1 Floating holidays to be determined by mutual agreement between the Employee and the Sheriff s Office, with seven (7) days advance notice. 17.2 If a person's day off falls on a holiday, they get one day off for that holiday, or an extra day's pay at straight time. 17.3 Any employee working on a holiday shall receive their regular rate of pay (at straight time) in addition to time and one-half for all hours worked. 17.4 Any employee who is not required to work on a holiday shall receive their regular rate of pay (at straight time) regardless of which day of the week the holiday falls. 17.5 When a holiday falls on Saturday, the preceding Friday shall be observed, and when it falls on Sunday the following Monday shall be observed. This provision applies to employees who work Monday through Friday only. 17.6 If an employee is called in to work on a holiday that is a scheduled day off for that employee the employee shall receive double time for all hours worked on that day in addition to regular holiday pay. Employees scheduled to work on a holiday will receive time and one half for their regular shift in addition to regular holiday pay. Hours beyond the regular shift shall be paid at double time. If an employee calls in sick on a holiday for which the employee is scheduled to work, the employee will receive holiday pay but not sick leave pay. For purposes of this article, holiday pay is eight (8) hours (prorate if applicable) at the regular straight time rate of pay. ARTICLE 18 - VACATIONS 18.1 A. Effective January 1, 2010 the following table applies to employees scheduled to work other than Monday through Friday, and Article 17 shall not apply to such employees. Months of Completed -Employment VACATION ACCRUAL (Hours) HOLIDAY (Total Hours) AAL Total Hours (§18.1.1) Maximum Vacation AAL & Holiday Accrual 0 through 36 80 88 8 176 37 through 60 96 88 8 192 61 through 120 120 88 8 216 121 through 180 128 88 1 16 1 232 181 and over 160 88 1 24 1 272 18.1. A.1 Employees scheduled to work on a holiday listed in Article 17 shall be paid time and on -half for all hours worked. 18.1. A.2Employees called in from a scheduled day off to work on a holiday listed in Article 17 shall be paid double time for all hours worked. Jefferson County Sheriffs Office —Command Stan January 1, 2015 through December 31, 2017 Page 13 of 24 B. The following table applies to employees working a Monday through Friday schedule: Months of Completed Employment VACATION ACCRUAL Maximum (Hours) ACCRUAL/HOUR 0 through 36 80 hours 0.0346 37 through 60 96 hours 0.0462 61 through 120 120 hours 0.0577 121 through 180 128 hours 0.0616 181 and over 160 hours 0.0769 18.1.1 Additional Annual Leave (AAL) shall be allowed off in addition to the time off in 18.1A and 18.113 as follows: "0 through 120" above -- one (1) additional day (8 hours or less based on FTE) shall be available to employees covered by that section each CALENDAR year. "121 through 180" -- two (2) additional days (16 hours or less based on FTE) shall be available each CALENDAR year. "181 and over" -- three (3) additional days (24 hours or less based on FTE) shall be available to each employee covered by such sections each CALENDAR year. The additional days available pursuant to this section shall not be carried forward into another calendar year and are not payable upon termination. 18.2 Earned vacation leave may be taken at any time during a period of sickness after the expiration of accumulated sick leave. 18.3 An employee who, except for an emergency defined as an unforeseeable event, fails to provide a two (2) week advance notification of intent to resign shall forfeit rights to earned vacation. The two (2) week notice may be waived by the County Commissioners or their designee. The maximum forfeiture shall not exceed the amount accrued during the preceding twelve (12) months. 18.4 Seniority order shall prevail for all employee time -off selections made during the "time - off selection period" November 1, through December 31 for time -off in the next calendar year. Vacation time not selected during the vacation selection period is subject to forfeiture as provided below. All time -off applied for after the time -off selection period will be on a space available basis. 18.5 All time -off (including unpaid time -off) is to be selected as follows. Time -off may be taken at any time during the year with the welfare of the job being the determining factor. 1. There shall be three rounds of vacation selection 2. The first round employees, by seniority, shall choose their time off from available weeks, full weeks off but not more than 2 contiguous week are to be selected in round one. Jefferson County Sheriffs Omce—Command Staff January 1, 2015 through December 31, 2017 Page 14 of 24 3. The second round employee, by seniority, shall choose their time off from available weeks, full weeks off but not more than 2 contiguous weeks are to be selected in round two. 4. The third round employees, by seniority, shall chose the remainder of their eligible time off on a multiple day or single day off basis but not more than one day of which shall be a holiday. 5. For purposes of accounting for days used during the calendar year the order of "burn -off' shall be: AAL (18. 1.1) Holidays (for employees using 18.1.A) regular vacation and then scheduled unpaid time off. 18.6 Employees may split their vacation into as many parts as is mutually agreed upon between the employee and the supervisor and no third party shall enter into or influence this decision. 18.7 A maximum of 120 hours accumulated vacation may be carried over from the previous year. Accumulated vacation time not selected/scheduled during the vacation selection period and in excess of the 120 hours carry over shall automatically be lost to the Employee on April 1 of each year. If unable to take scheduled leave because of Employer required workload, such scheduled but denied leave days may be carried into the next calendar year but must be used within the first 3 months of the following year or it will be paid in cash unless they are again denied because of workload whereupon, at the employee's option, the use of denied days shall be extended until July before they are cashed out. The inability of the employer to allow the employee to take vacation leave shall be documented by the Sheriff at the time of such denial and be forwarded to the Payroll Division of the Auditor's Office. 18.8 Vacation/Leave requests for vacation not scheduled during the vacation selection period shall be submitted fourteen (14) days in advance and be signed by management then returned to Employee within five (5) days or will be deemed approved. 18.9 An Employee who notifies his/her Department Head promptly or substantiates to the satisfaction of his/her Department Head that he/she was sick on a scheduled day of vacation may request that a day of sick leave be taken rather than previously scheduled vacation day. 18.10 Shift Proration: The above amounts are based on an eight (8) hour shift. Vacation accrual for shifts of less than eight (8) hours shall be calculated as a proportionate share based on an eight (8) hour shift. Example: a seven hour shift employee in the first three years will receive 7/8 of vacation accrual (7 hour shift employee under three years employment, 7/8 of 80 hours vacation accrual = 70 hours). 18.11 Upon retirement vacation accrual shall be cashed out up to the amount that maybe carried over per Section 18.7 above. ARTICLE 19 - SICK LEAVE 19.1 Sick leave is earned by a permanent and probationary employee at the rate of one (1) working day for each month of completed service. An employee may not accumulate more than two hundred forty (240) days of sick leave. To receive sick leave, an employee must either be sick or disabled or have a scheduled health care appointment. Upon request by the department head, an employee must be able to furnish proof, including Jefferson County Sheriff's Office —Command Staff January 1, 2015 through December 31, 2017 Page 15 of 24 documentation from the attending health care provider. Falsification or misuse of sick leave shall be grounds for disciplinary action. 19.2 Sick leave is appropriate for illness or disability caused or contributed to: pregnancy, miscarriage, abortion, childbirth, adoption and recovery there from. Accrued sick leave is appropriate to care for a family member with a health condition that requires treatment and/or supervision. (RC W 49.12) Accrued sick leave, not leave of absence (Section 5.60), must be used for illness, injury or disability. 19.3 Sick leave is not appropriate and will not be authorized for death in the employee's family. 19.4 No employee shall receive compensation for unused sick leave greater than the amount determined as a result of Section 19.5 92 at the time of retirement. 19.5 The County will make the following payment for sick leave accumulated. 1. Upon an Employee's death, the Employee's estate shall be paid twenty-five percent (25%) of such accumulated sick leave. 2. Upon disability or retirement, the employee shall be paid twenty-five percent (25%) of such accumulated sick leave. 3. If employment is terminated other than by death, disability or retirement, no portion of such accumulated sick leave shall be paid. 4. In the event an employee's death occurs because of incidents in the line of duty, the County may disperse 100% of the employee's sick leave the employee's beneficiary. This request shall be presented by the Union to the County, who reserves the sole right to disperse these funds based upon facts surrounding the incident. 19.6 Light Duty: No employee shall be put in the position of being on shift by themselves. Light Duty shall be for the purpose of temporary assignment while a disabled employee becomes able to resume full duties. Light duty to be determined by the Sheriff, with concurrence of the physician. The Employer shall give letter of request to physician of duties to be performed on light duty so physician may verify what the Employee may or may not perform. 19.7 LEOFF-II employees unable to perform their normal duties and working Light Duty assignments where the pay rate is less than the officers' normal wage or if an officer is denied requested light duty assignment shall be able to "make up" any deficiency in full straight time monthly earnings through the use of sick leave. And when sick leave is so used the required supplemental amount shall be charged against the officer's sick leave account only on the basis of/2 of the amount required for the wage supplement for work related disability or illness (i.e.: for each hour used to supplement compensation on %2 hour will be deducted from the employees sick leave account). Jefferson County Sheriffs Once—Command Staff January 1, 2015 through December 31, 2017 Page 16 of 24 ARTICLE 20 - BEREAVEMENT LEAVE 20.1 Bereavement leave shall be authorized regular employees for a maximum of three (3) days to grieve the death of a member of the Employee's immediate family. "Immediate family" is defined as follows: Spouse, parent, grandparent, child, grandchild, brother, sister, mother-in-law, father-in-law, significant domestic partners and step relations of the same degree. 20.2 Employees who have a death in their immediate family and who would have to travel 500 miles or more (one way) to attend such funeral shall be allowed two (2) additional days with pay, for travel only. ARTICLE 21— MILITARY LEAVE 21.1 Military Leave: Military leave will be granted in accordance with RCW 38.40.060. Military leave shall be granted upon written application accompanied by a copy of bona fide orders to temporary active or training duty. Military leave is paid time according to applicable RCW and there shall be no loss of employee benefits. ARTICLE 22 -UNIFORMS 22.1 Uniforms as listed below shall be furnished upon initial appointment to the Sheriff's Office. Once issued, Personal Uniform items shall be repaired, replaced, and cleaned by the employee as provided in Article 22.3; Sheriffs Office Uniform items shall be repaired and cleaned by the employee as provided in Article 21.3 and replaced by the Office, should this become necessary. If a Sheriff s Office Uniform Item is required to be replaced due to negligence by the employee, the employee shall be responsible for replacement. All Uniform Items shall be returned to the Sheriff Office upon separation from duty. Personal Uniform Items: (Initial Issue) One Hat (w/chin strap and braid) Belt (Trouser) Six Shirts -Three Long and Three Short One Approved Jacket (max @ 285) Two Neckties Two Dickeys Three Trousers Uniform Shoes/Boot (Sheriff to provide first $85.00 for initial issue, employee may upgrade) Name Bar One Coverall One Knife (per practice) Uniform Items: (Initial Issue) 2 Cartridge Magazines (high capacity) & Pouch Breast Badge Gun 2 sets Handcuffs w/Holder 4 Belt Keepers Duty Belt One Holster (Gun) Key Holder Hat Badge Two Collar Ornaments Nightstick ASP (with holder) Ammunition OC 10 or equivalent w/Holder Flashlight wBatteries and Holder 22, 1.1 Employees employed as Entry shall be issued one (1) class A uniform and the balance of the Initial Issue supplied upon moving to Step A. Jefferson County Sheriffs Office —Command Staff January 1, 2015 through December 31, 2017 Page 17 of 24 22.1.2 The Sheriff and Union have established a committee to review the "new issue" list of uniform items and upon full adoption and budget such agreed list shall replace the above. 22.2 Employee shall keep uniform items clean and in good repair at all times. The Sheriff shall post authorized uniform standards. Uniforms shall only be worn in the line of duty and shall conform to the posted uniform standard. In the event the Sheriff shall authorize or revise the "Initial Issue" uniform for new employees, all then current employees with prior issue equipment shall have the option of having the revised/new item supplied to them at no cost to the Deputy. 22.3 After the employee has completed his/her trial period, an employee required to wear uniforms in the performance of duty shall receive $875.00 which amount shall be subject to normal payroll taxes as ordinary income. This money is for the purchase and/or replacement, repair and cleaning of authorized Personal Uniform items and the repair and cleaning of Office Uniform items. 22.4 Uniform allowance shall be paid by payroll warrant no later than the end of the second full week in February of each year according to the amount listed in 21.3. On an employee's first anniversary they shall receive their allowance pro -rata to December 31 and thereafter each February. Upon termination of employment for any reason employees who have received their annual allowance shall reimburse the County pro -rata through December 31 with the amount deducted from the final compensation settlement with the County. 22.5 Bullet Proof Vests shall be provided to officers as necessary protective safety equipment. Same will be replaced as required to maintain employee safety. 22.6 The Sheriff shall replace or repair articles of personal clothing damaged while in the line of duty. 22.7 The Sheriff agrees that employees required to carry fire arms shall be entitled to purchase their duty weapon through the Department at department cost. Such "personal duty weapon" when used on duty MUST conform to all requirements of the Sheriff for department issued duty weapons. In the event the Sheriff should change the duty weapon employees will have the option of purchasing a new conforming personal duty weapon or receiving a Department issue weapon as required by the Sheriff. Employees who purchase a personal duty weapon according to this section shall be permitted to use such personal duty weapon as their duty weapon and shall turn in the Department issued weapon. The Department shall supply required duty ammunition for employees with personal duty weapons in the same manner as Department issued weapons. ARTICLE 23 - JOB INFORMATION 23.1 It is the Employer's responsibility to provide each employee, particularly upon hire, with written information relevant to the job that the employee performs. This information should include: • The job description for the position the employee fills or will fill; Jefferson County Sheriffs Office—Cammaod Stan January 1, 2015 through December 31, 2017 Page 18 of 24 Brochures and explanation of benefits as provided by appropriate agencies, to the Employer with respect to insurance (medical, dental, vision, life insurance, etc.), retirement, and any other similar information relevant to the position; A copy of the current Personnel Policy & County Drug Policy, ARTICLE 24 - HEALTH AND WELFARE 24.1 MEDICAL: Effective with January hours payable in February 2006: Washington Teamsters Welfare Trust Plan B with Life B , Time Loss A;, 9 Month Waiver and LTD at the rates provided in the attached Subscription Agreement as shall be amended by the Trustees and as provided in Article 27. ARTICLE 25 -DENTAL 25.1 DENTAL: Effective with January hours payable in February 2006, the Employer shall pay into the Northwest Teamsters Dental Trust, Plan B for each employee who was compensated eighty (80) hours during the preceding month at the rate provided in the attached Subscription Agreement as shall be amended by the Trustees and as provided in Article 27. The above payments shall be made to an authorized administrative office by the 10th of each month. ARTICLE 26 -VISION 26.1 VISION: Effective with January hours payable in February 2006, the employer shall pay the Teamsters Vision Care Trust for each employee who was compensated for eighty (80) hours or more during the preceding month as provided in the attached Subscription Agreement as shall be amended by the Trustees and as provided in Article 27. ARTICLE 27 - MAINTENANCE OF BENEFITS 27.1 Effective with January hours payable in February 2006 the County shall be responsible for 85% of the required contribution for the benefits provided in Sections 24.1, 25. 1, and 26.1 with employees responsible for 15% of the required contribution. 27.2 The Parties agree that either party may open Articles 24, 25, 26 and 27 for the purposes of renegotiation in the event of any adverse regulation or legislation, including any form of tax imposed on health care plans, changing the existing County cost of providing benefits to the Sheriff s Office Command staff or the Sheriff s Office Command Staffs Contractual cost of retaining benefits. This section does not apply to the normal historic changes in cost associated with Plan Trustee action establishing contributions based on utilization. ARTICLE 28 - SAVINGS CLAUSE 28.1 Should any provisions of this agreement be found to be in violation of any Federal, State or Local Law, all other provisions of this agreement shall remain in full force and effect for the duration of this agreement. ARTICLE 29 - LABOR MANAGEMENT COMMITTEE 29.1 The Employer and the Union agree that during the life of this Agreement there shall be a Labor/Management Committee consisting of individuals from each party (not to exceed four (4) from each) to be designated, in writing, by each party to the other. On a case-by- case basis, the parties may agree to additional representatives. Meetings will be held as Jefferson County Sheriffs Office —Command Staff January 1, 2015 through December 31, 2017 Page 19 of 24 determined by the Committee at mutually agreeable times and places so as to apprise the other of problems, concerns, suggestions, etc., related to the operation, the workforce and services offered, all to promote better understanding with the other. A written agenda shall be established by the Human Resources Manager based upon items submitted not less than three (3) days in advance of the meeting. Such meetings shall not be for the purpose of initiating or continuing collective bargaining nor in any way to modify, add to, or subtract from this Agreement and such meetings shall be exclusive of the grievance and arbitration procedures in the Agreement, as grievances shall not be considered proper subjects at such meetings. Attendance by other on duty employees is permitted as long as staffing needs are adequately met and with approval of the Department Head. All discussions shall be "off the record" and shall not be used as evidence by either party for any purpose. ARTICLE 30 - TERMINATION 30.1 This agreement shall be effective upon adoption by the Board of County Commissioners except when a provision has an effective date that effective date shall prevail. This agreement shall be effective through December 31, 2017. SIGNED THIS DAY OF 2015. JEFFERSON COUNTY BOARD OF COMMISSIONERS David Sullivan, Chair Phil Johnson, Member Kathleen Kler, Member TEAMSTERS LOCAL 9589 i OM Mark Fuller Secretary -Treasurer A roved asto Fo : 6 1 y f r� krll o Chief Civil Deputy Prosecut Risk Manager Jefferson County Sheriffs Office —Command Staff January 1, 2015 through December 31, 2017 Page 20 of 24 JEFFERSON COUNTY SHERIFF'S OFFICE Commissioned Command Staff (Sergeant and Above) January 1, 2015 through December 31, 2016 APPENDIX "A" WAGES THIS APPENDIX is supplemental to the AGREEMENT by and between JEFFERSON COUNTY, WASHINGTON, hereinafter referred to as the Employer and TEAMSTERS LOCAL 589, hereinafter referred to as the Union and shall apply to those employees in the following listed classifications: A.1 For employees employed on the date of ratification, or effectiveness, whichever is later, and/or employed thereafter, the Pay Grades and rates of pay for each Pay Grade covered by this agreement shall be as follows, effective July 1, 2015 and for subsequent years as noted: Classifications for this agreement shall be Captain and Sergeant both paid at the Sgt. rate. Effective July 1, 2015 by increasing the 2014 Step F wage by $3.89 per hour and all other lower steps proportionately adjusted. A.1 shall be open for wage rate adjustment as agreed by the parties through bargaining which will begin no later than October 2016. Entry Step A Step B Step C Step D Step E Step F 0-12 Months 0-12 Months 13-24 Months 25-36 Months 37-48 Months 49-60 Months 61+ Months Sgt 27.63 30.98 32.68 34.41 36.08 37.94 39.82 7/1/2015 Entry Step A Step 8 Step C Step D Step E Step F 0-12 Months 0-12 Months 13-24 Months 25-36 Months 37-48 Months 49-60 Months 61+ Months missioned Sgt 30.33 34.01 35.87 37.77 39.60 41.65 43.72 1/1/2016 Entry Step A Step 8 Step C Step D Step E Step F 0-12 Months 0-12 Months 13-24 Months 25-36 Months 37-48 Months 49-60 Months 61+ Months missioned Sgt 30.33 34.01 35.87 37.77 39.60 41.65 43.72 1/1/2017 Entry Step A Step B Step C Step D Step E Step F 0-12 Months 0-12 Months 13-24 Months 26-36 Months 37-48 Months 49-60 Months 61+ Months missioned Sgt 1t open for bargaining on and after Octobet 2016 for 201711 A.2 Additional Compensation: A.2.1 Detectives Pay: In addition to wages in A.1 employees classified by the Sheriff as Detectives shall receive an additional $45.00 per month as an offset against incidental expenses and for non -patrol duties. A.3 New employees shall be paid Entry wages until completion of the Academy (not more than 12 months) and shall be promoted to Step A the pay period following graduation. Progression through the steps after completion of the Academy shall require a full 12 months in the step before moving to the next step. Jefferson County Sherlfrs office—Command Staff January 1, 2015 through December 31, 2017 Page 21 of 24 A.3.1 Upon approval of the Sheriff and BOCC or their designee lateral entry officers may begin at Step B or C, depending on experience credit given by the County. A.3.2 Progression from Step A to B shall require a full 12 months in Step A and the date the employee begins Step A shall be their progression anniversary for subsequent steps. Deferred Compensation Program AA Effective January 1, 2015, a contribution of 1.5% of each months' wage will be made to the employee's choice of one of the Deferred Compensation Plans currently offered by the County. The employee will contribute $.75% of this amount with the Employer matching that amount. A.5 In the event the plan should provide for individual deferral the Employee may defer any amount they chose in accordance with the plan. A.6 Effective January 1, 2006 the Retirees Welfare Trust premium deducted from employee pay shall be discontinued and the amount deducted from employee pay shall be added to the deferral in AA above as additional employee deferral. Jefferson County sheriffs Once —Command Staff January 1, 2015 through December 31, 2017 Page 22 of 24 APPENDIX "B" EMPLOYEE BILL OF RIGHTS B.1 All employees covered by this agreement shall be entitled to the following procedural protection. B.2 In criminal matters an employee shall be afforded those constitutional rights available to any citizens. B.3 In matters relating to job performance, the following guidelines shall be followed: B.3.1 Before an interview the employee shall be informed of the nature of the matter in sufficient detail to reasonably apprise him of the matter; B.3.2 Any interrogation of an employee shall be at a reasonable hour preferably when the employee is on duty unless the urgent need of the investigation dictate otherwise. Where practicable, interrogations shall be scheduled for the daytime; B.3.3 Any interview shall take place at the Jefferson County Sheriffs Department, except when impractical. The employee shall be afforded an opportunity and facilities to contact and consult privately with an attorney of his/her own choosing. A representative of the Union may be present during the interrogation; B.3.4 The questioning shall be reasonable in length and the employee shall be entitled to such reasonable intermissions as s/he shall request for personal necessities, meals, telephone calls and rest periods; B.3.5 The employee shall be interviewed in a professional manner and shall not be threatened with dismissal, transfer or other disciplinary punishment as a guise to attempt to obtain his/her resignation; and B.3.6 The Employer shall not require any employee covered by this Agreement to take or be subjected to a lie detector test as a condition of continued employment. B.4 Interrogation: The interrogation of any sworn personnel during the course of an investigation that could lead to formal disciplinary action shall be conducted under the following conditions. These procedures shall not apply to any routine, supervisory contact with an officer for the purpose of counseling, instruction, or verbal reprimand. Prior to the commencement of any formal disciplinary interview, the employee shall be advised as follows: You are about to be questioned as part of an administrative investigation being conducted by the Jefferson County Sheriffs Office. You are hereby ordered to answer the questions that are put to you that relate to your conduct and/or job performance, and to cooperate with this investigation. You are required to answer questions relating to the performance of your official duties or fitness for duties. Your failure to cooperate with this investigation can be the subject of disciplinary action in and of itself, including dismissal. The statements you make or evidence gained as a result of this required cooperation may be used for administrative purposes but will not be used or introduced into evidence in a criminal proceeding. Jefferson County Sheriffs Office—Command Staff January 1, 2015 through December 31, 2017 Page 23 of 24 BA I Constitutional Rights or Privileges: When the investigation becomes in furtherance of the intent to prosecute for a criminal offense, the officer charged with or suspected of committing a criminal act shall be afforded the same constitutional rights or privileges or guarantees enjoyed by any person. This section shall not deprive the County of the right to pursue the investigation administratively under Section 2.2. Jefferson County Sheriffs Office—Command Staff January 1, 2015 through December 31, 2017 Page 24 of 24 WASHINGTON TEAMSTERS WELFARE TRUST SUBSCRIPTION AGREEMENT COLLECTIVE BARGAINING AGREEMENT PROVIDING FOR PARTICIPATION IN TRUST The Employer and Labor Organization below arc parties to a Collective Bargaining Agreement providing for participation in the above Trust. enforceable Collective Bargaining Agreement must exist as a condition precedent to participation in the Trust. Jefferson Co. Sheriffs office Commissioned Command Staff Employer Name PO Box 2070 Address Port Townsend WA 98368 City, State, Zip Code COLLECTIVE BARGAINING AGREEMENT Teamsters Local 589 ,+=? Labor Organization (Union) Name PO Box 4043 Address WA 98362 City, State, Zip Code The parties' Collective Bargaining Agreement is in effect from: 1/1/2015 to 12/31/2017 ❑ New Account ® Renewal — Account No. Approximate Number of Covered Employees 3 INFORMATION CONCERNING TYPE OF EMPLOYER'S BUSINESS Employer is: ® Public Entity ❑ Corporation — State of _ ElPartnership If employer is a Partnership or Sole Proprietorship please provide name(s) of the owner or partners below: I ❑ Sole Proprietorship BENEFIT PLANS) DESIGNATED IN COLLECTIVE BARGAINING AGREEMENT The Collective Bargaining Agreement provides that contributions will be made to the Trust on behalf of all employees for whom the Emp required to contribute under the Trust Operating Guidelines for the purpose of providing such employees and their dependents with the fo benefit plan(s): (The undersigned parties acknowledge the receipt of a copy of the Trust Operating Guidelines which by this reference are part hereof.) COVERAGE IN BARGAINING AGREEMENT For renewals, list all coverages not just changes. Monthly Rate MEDICAL ❑ Plan A ® Plan B ❑ Plan C ❑ WTI00 $ 1135.90 Life/AD&D Employee Dependent ❑ Plan A $30,000 Life/AD&D $ 3,000 Life ® Plan 13 $15,000 Life/AD&D $ 1,500 Life ❑ Plan C $5,000 Life/AD&D $ 500 Life $ 4.40 Time Loss Amount N Plan A $400/week ❑ Plan B $300/week ❑ Plan C $200/week ❑ Plan D $100/week $ 21.00 LTD ❑ Long Term Disability Income Plan $ Waivers ® Additional 9 months Disability Waiver of Contributions —Medical only $ 11.40 MEDICAL TOTAL $ 1172.70 DENTAL ❑ Plan A N Plan B ❑ Plan C $ 87.50 VISION ® Plan EXT $ 14.90 Will there be any coverage changes before the Collective Bargaining Agreement's expiration? ❑ Yes ❑ No. If yes, attach a Agreement for each change. A Subscription Agreement must be submitted in advance of the effective date below. EFFECTIVE DATE OF COVERAGE The contribution rates above are due effective (montb/year) January. 2015 based on employment in the prior month. Note.' Coverage is provided using a lag month, therefore coverage is effective in the month following the month contributions are, For example, contributions due effective April based on March employment will provide coverage in May. EXPIRATION OF COLLECTIVE BARGAINING AGREEMENT Upon expiration of the above -referenced Collective Bargaining Agreement, the Employer agrees to continue to contribute to the Trust in the same amount and manner as required in the Collective Bargaining Agreement until such time as the Employer and the Labor Organization either enter into a successor Collective Bargaining Agreement, which conforms to the Trust Operating Guidelines, or one party notifies the other in w-iting (with a copy to the Trust) of its intent to cancel such obligation five (5) days after receiving notice, whichever occurs first. The Trust reserves the right to immediately terminate participation in the Trust upon the failure to execute this or any future Subscription Agreement or to comply with the Tmst Operating Guidelines as amended by the Trustees from time to time. For Employer Title/Assn. Date For Union Title Date ELIGIBILITY TO PARTICPATE INTRUST Eligibility for benefits is determined in accordance with the requirements established in the Collective Bargaining Agreement provided such requirements are consistent with the Trust guidelines. To establish eligibility for benefits, Trust guidelines require that eligible employees must have the required number of hours in a month and have the contractually required contributions paid on their behalf. Eligibility will commence according to the Trust's lag month eligibility rule. Eligibility continues as long as the employee rentains eligible, has the contractually required number of hours per month, and has the required contributions made. The Trust, however, will not recognize any contractual provision that conditions continued eligibility on having less than 40 or more than 80 hours in a month. Eligibility will end according to the Trust's policy for employees that do not have the required number of hours and contributions in a month and that do not qualify for an applicable extension of eligibility, if any. Employees of a participating employer not performing work covered by the Collective Bargaining Agreement may participate in the Trust only pursuant to a written special agreement approved in writing by the Trustees. The Trustees reserve the right to recover an and all benefits provided to ineligible individuals from either the ineligible individual receiving the benefits or the employer responsibla. for misreporting them (if applicable). REPORTING OBLIGATIONAND CONSEQUENCES OFDELINOUENCY Employer contributions are due no later than ten (10) days after the last day of each month for which contributions are due. The Employer acknowledges that in the event of any delinquency, the Trust Agreement provides for the payment of liquidated dam ges, interest and attorney fees and costs incurred in collecting the delinquent amounts. TRUSTEES' AUTHORITY TO DETERMINE TERMS OF PLANS The parties recognize that the detail of the benefit plans provided by the Trust and the rules under which employees and their depenc ents shall be eligible for such benefits is determined solely by the Board of Trustees of the Trust in accordance with the terms o the governing Agreement and Declaration of Trust (Trust Agreement). The Trustees retain the sole discretion and authority to interpret the terms of the Trust's benefit plans, the plans' eligibility requirements, and other matters related to the administration and operation orthe Trust and its benefit plans. The Trustees may modify benefits or eligibility of any plan for the purpose of cost containment, cost management, or changes in medical technology and treatment. MECHANISM FOR HANDLING CONTRIBUTIONINCREASES The Trustees' authority shall include the right to adjust the contribution rates to support the benefit plans offered by the Trust ar+d to maintain adequate reserves to cover any extended eligibility and the Trust's contingent liability. The parties recognize that it is the intent of the Trust not to provide employee benefit plans for less than the full cost of any such pin . If the Collective Bargaining Agreement does not provide a mechanism for fully funding the designated benefit plans, the Board of Tru tees may substitute a plan then available that is fully supported by the employer's contribution obligations. The disposition of any e ess employer contributions will be subject to the collective bargaining process. ACCEPTANCE OF TRUST AGREEMENT The Employer and the Labor Organization accept and agree to be bound by the terms of the Trust Agreement governing the Trustand any subsequent amendments to the Trust Agreement. The parties accept as their representatives for purposes of participating in the rust the Trustees serving on the Board of Trustees and their duly appointed successors. Provided, however, that in the event that either Section 2 or 3 of Article VIII of the Trust Agreement is amended to change or modian Employer's liability as specified therein, such amendment will not be deemed applicable to an Employer until such time as the Empl yer enters into a successor Collective Bargaining Agreement after the expiration of the Employer's then current Collective Bargai ing Agreement. APPROVAL OF TRUSTEES This Agreement has been approved by the Board of Trustees of the Washington Teamsters Welfare Trust, Date Administrative Agent Washington Teamster Welfare Trust