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HomeMy WebLinkAbout080618_ca02 Consent Agenda Commissioners Office JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administrator FROM: Leslie Locke, Executive Assistant DATE: August 6, 2018 SUBJECT: AGREEMENT re: Providing Coverage of Non-Bargaining Unit Employees; No Dollar Amount; Jefferson County Administrator's Office; Sound Health and Wellness Trust STATEMENT OF ISSUE: AGREEMENT re: Providing Coverage of Non-Bargaining Unit Employees; Jefferson County Administrator's Office; Sound Health and Wellness Trust Sound Health and Wellness Trust has revised the Rules of Participation for Non-Bargaining Unit Employees and is requesting the County approve the agreement to continue coverage for Non-Bargaining Unit Employees. The main change does not affect the coverage of partners or sole proprietors of participating employers who were participating in the Trust before January 1, 2018, or any other non-bargaining unit employees. FISCAL IMPACT: N/A RECOMMENDATION: Approve AGREEMENT re: Providing Coverage of Non-Bargaining Unit Employees; Jefferson County Administrator's Office; Sound Health and Wellness Trust REVIEWED BY: jor 7(c P p Morley,t my Administra ar Date 201 Queen Anne Ave.N.Suite 100 (206)282-4500 www.soundhealthwellness.comorn Seattle,WA 98109 (800)225-7620 Rooehod SOUND HEALTH JUL 2 3 2018 July 20, 2018 Jefferson County Auditor NOTICE TO CONTRIBUTING EMPLOYERS AND LOCAL UNIONS OF REVISIONS TO RULES OF PARTICIPATION FOR NON-BARGAINING UNIT EMPLOYEES This is to advise you that the Board of Trustees of the Sound Health & Wellness Trust (the "Trust") has revised the Rules of Participation for Non-Bargaining Unit Employees. The main change from the prior Rules is that partners or sole proprietors of participating employers who were not participating in the Trust before January 1, 2018 are no longer eligible for coverage under the Trust. This change does not affect the coverage of partners or sole proprietors of participating employers who were participating in the Trust before January 1, 2018, and any owner-operators of an incorporated entity (including LLCs, corporate owners, corporate officers, and the immediate family members of such individuals) or any other non-bargaining unit employees. Trust records show that you currently have Non-Bargaining Unit employees and/or owners covered under a prior Special Agreement. In order to continue to cover those individuals, we ask that you complete the enclosed revised Special Agreement Providing for the Coverage of Non-Bargaining Unit Employees. Please read the revised Rules of Participation to understand who is eligible to participate. Please mail the completed Special Agreement, together with any attachments, to the Sound Health & Wellness Trust, Attn: Shannon Williams, 201 Queen Anne Avenue North, Seattle, Washington 98109-4896. The completed Agreement must be returned to the Trust Office by August 17, 2018. The Agreement will be reviewed by the Board of Trustees to confirm that it conforms to the revised Rules. You will then be notified the results of the Board's review. If approved, you will be sent a copy of the fully executed Special Agreement form. In order to add other Non-Bargaining Unit employees and/or owners after your Agreement has been reviewed and approved, you must contact the Trust Office at (206) 282-4500 (select option 2 twice) to request the appropriate paperwork. Your request will be reviewed by the Board of Trustees. If you have any questions concerning these revised documents, please contact Shannon Williams at Zenith American Solutions at: 201 Queen Anne Avenue North, Suite 100, Seattle, WA 98109, swilliams@zenith-american.com or call at (206) 270-8213. Sincerely, Board of Trustees Sound Health & Wellness Trust Attachments SOUND HEALTH&WELLNESS TRUST (formerly known as Retail Clerks Welfare Trust) Special Agreement Providing for the Coverage of Owner-Operators and Non-Bargaining Unit Employees Adopted December 5, 1986 Revised: December 7,2017 TO: BOARD OF TRUSTEES SOUND HEALTH&WELLNESS TRUST(formerly known as Retail Clerks Welfare Trust) 201 Queen Anne Avenue North Seattle,Washington 98109-4896 EMPLOYER'S REQUEST FOR COVERAGE 1. The undersigned Employer is a party to a collective bargaining agreement with UFCW Local Union No. 21 , effective from 0 5/2 9 2018to 12/3120 2 P Said agreement provides for the making of contributions to the Sound Health&Wellness Trust for the purpose of providing the employees covered by said agreement with the welfare program maintained by the Trust. The undersigned employer has read,understands and agrees to be bound by the attached Rules of Participation,and as may be amended from time to time, covering owner-operators and non-bargaining employees participation as established by the Board of Trustees of the Trust. 2. The Employer now requests that the Trustees permit it to make contributions to the Trust so that welfare program coverage can be provided to all of its non-bargaining unit employees (and to persons who succeed them in such position(s)) in accordance with the Trust Rules of Participation for Non-Bargaining Employees. The Employer agrees that this Agreement shall apply to all of its non-bargaining employee and contributions shall be made to the Trust for all non-bargaining employees of the Employer. 3. Non-Bargaining Unit Employees. Current non-bargaining unit employees are (add a separate sheet if necessary): All non-bargaining employees must be listed. Name(Print) Title/Position Percent of Ownership(if any) See Attached List 4. The Employer agrees to make contributions and provide reports to the Trust for each non-bargaining unit employee (including non-bargaining unit employees hired after the date of this Agreement) at the applicable contribution rate computed on the basis of 173 hours per month for any month in which the person receives compensation from the Employer. Contributions will be paid with remittance reports to the Trust Office by the 20th day of the month following the month worked, or by such other date as may be established by the Board of Trustees. 3/19/2018 5. The details of the welfare program will be determined by the Board of Trustees. The Employer agrees to be bound by the Trust Agreement Governing the Sound Health&Welfare Trust(formerly Retail Clerks Welfare Trust,as initially executed on June 18, 1957),and all revisions or amendments thereto. The Employer further agrees to accept the Employer Trustee members of the Board of Trustees,and their duly appointed successors, as its representatives for purposes of managing the Trust. 6. All non-bargaining unit employees will become participants in the Trust and eligible for benefits in accordance with the Trust's Summary Plan Description,as may be amended from time to time("Plan"). Each eligible employee covered by this Agreement must submit any completed forms as required by the Trust prior to becoming covered by the Plan. Eligibility of a non-bargaining unit employee's spouse and/or dependents shall be determined under the terms of the Plan. 7. The Employer agrees that if the Employer fails to make contributions to the Trust by the Due Date, the Employer's participation in the Trust with respect to all of its non-bargaining unit employees,and coverage of all its non-bargaining unit employees,may be terminated effective on the first day of the month following the Due Date, in accordance with the Policy for Collection of Delinquent Contributions. The Employer may resume participation in the Trust on behalf of any non-bargaining unit employees only upon the execution of a new Participation Agreement and such terms and conditions as determined by the Trustees, in their discretion. 8. The Employer agrees to be bound by, and hereby assents to, all the terms and conditions of the Plan documents, as they may be amended from time to time, and all rules,regulations and policies heretofore and hereinafter adopted by the Board of Trustees of the Trust pursuant to said Trust Agreement, including the Trust's Policy for Collection of Delinquent Contributions ("Collection Policy"), and all of the actions of the Board of Trustees in administering the Trust in accordance with the Trust Agreement,Plan document and any rules or regulations adopted by the Trustees. The Employer acknowledges receipt of a copy of the Collection Policy, as attached hereto. Contributions will be considered delinquent under the Collection Policy if not received by the Due Date defined above. 9. This Agreement shall be treated as if it is a collective bargaining agreement for the purposes of Section 515 of the Employee Retirement Income Security Act of 1974("ERISA") and the provisions of Section 502(g)(2)of ERISA shall apply to the collection of contributions from the Employer under this Agreement. The Trustees shall have the right to take whatever steps are necessary to obtain such contributions in accordance with the Trust's Trust Agreement and all policies and procedures adopted thereunder, including the Collection Policy, and the Employer shall be liable for all costs of collection, including interest, liquidated damages, attorneys' and accounting fees,as set forth in the Trust's Collection Policy. 10. The Employer agrees that the participation of any non-bargaining employees in the Trust is conditioned on the Employer's compliance with the requirements of the Trust's Trust Agreement, Plan document, the Internal Revenue Code of 1986 as amended ("Code"), and other applicable laws and policies, rules and regulations adopted by the Trust's Board of Trustees. The Employer agrees to provide any information required by the Trustees to determine whether the participation of the Eligible Employees complies with these requirements.The Employer agrees that if it fails to provide accurate information requested by the Trustees or fails to comply with these requirements, the participation of the Employer and its non-bargaining employee will terminate as determined by the Trustees in their discretion, or as required by applicable law. 11. The Employer agrees to provide evidence of its corporate status upon the Trust's request and further agrees to notify the Trust immediately if its status changes. 12. The Employer agrees that it will notify the Trust on its next remittance report after a non-bargaining employee dies, terminates employment, or otherwise ceases to be eligible to participate in the Trust, pursuant to this Agreement,the Plan and the Trust's rules and regulations. -2- 13. This Agreement may be amended only by a written agreement signed by the parties. The Employer acknowledges that the Trustees further reserve the right to amend, modify or terminate the Plan, the Trust Agreement,and the Trust's rules and regulations, including the Collection Policy. 14. The Employer further acknowledges that this Agreement must continue until the expiration of the current collective bargaining agreement and each succeeding collective bargaining agreement until participation is terminated at the end of a collective bargaining period by the Trust or the employer by giving written notice to the other party at least thirty(30) days prior to such ending date. Notwithstanding the foregoing, the Trustees may terminate this Agreement with 30 days' notice at any time. This Agreement may terminate, at the Trustees' discretion, upon the Employer's failure to timely make the required contributions under the Agreement or to comply with the provisions of this Agreement, or effective upon the date the Employer no longer has an obligation to contribute to the Trust on behalf of its collective bargaining employees pursuant to a collective bargaining agreement. 15. The Employer further acknowledges that the Trustees may, in their sole discretion, terminate this Agreement if the Employer is delinquent in its contributions to the Trust required by the collective bargaining agreement, even if the Employer is not delinquent in its contributions to the Trust pursuant to this Agreement, in accordance with the Policy for Collection of Delinquent Contributions.. 16. The Trust's right to conduct a payroll audit and to collect delinquent contributions as provided in this Agreement shall survive termination of this Agreement for periods under the Agreement. 17. This Agreement is the complete agreement between the parties and supersedes any prior agreement. This Agreement is governed by the laws of the state of Washington to the extent not preempted by ERISA. Trust Submitted this day of ,20 BY: Employer is a: (Signature of Authorized Employer % Corporation (Mu n i c i pal) Representative) David Sullivan , Chairman Chairman (Title of Authorized Employer Representative) J P f f P r 5 n n C n ii m y ❑ Sole Proprietorship (Print Name of Business) 1820 Jefferson Street (Print Names of Owner(s)and Spouse(s)) (Address) Port Townsend, WA 98368 Partnership (City, State,Zip) 360-385-9100 (Print Names of Partners and Spouses) (Telephone) ❑ Limited Liability Corporation(LLC) (Print Names of Principal(s)and Spouse(s)) Ap�oved as to foj V ° C, I Date: Philip C.Hunsucker,Chief Civil Deputy Prosecu ing A orney -3- Jefferson County Prosecuting Attorney's Office ❑ Limited Liability Partnership(LLP) (Print Names of Members and Spouses) * * * * * * * * * * * * * * * INSTRUCTIONS TO EMPLOYER: The Trust Agreement of the Sound Health & Wellness Welfare Trust permits the Trustees, at their discretion, to accept contributions from participating Employers for the purpose of covering non-bargaining employees, including but not limited to, LLC members, and corporate owners and officers, under the welfare benefit program provided through the Trust. To obtain coverage for such person(s) this Special Agreement form must be completed and signed. Partners (including LLPs) and sole proprietors participating in the Trust before January 1, 2018 shall be treated as non- bargaining unit employee for the purpose of these rules. A copy of the current Business License must be attached. The certification of the Participating Local Union concerning such coverage must be obtained on the following page and attached. The Special Agreement, together with the attachments, must then be submitted to the Board of Trustees, Sound Health & Wellness Trust, 201 Queen Anne Avenue North, Seattle, Washington 98109-4896. Telephone (206)282-4500. You will then be notified by the Trust's administrative agent, Zenith Administrators, Inc., of the Board's action. If approved, you will be sent a copy of the fully executed Special Agreement form. Refer to the attached Special Agreement for Non-Bargaining Unit Employee Rules of Participation for a description of the rules to participate. -4- PARTICIPATING LOCAL UNION CONFIRMATION CONCERNING EMPLOYER'S REQUEST INSTRUCTIONS TO THE PARTICIPATING LOCAL UNIONS: The Board of Trustees will not act on any request to cover Owners unless the Participating Local Union has confirmed that the request is consistent with the Local Union's position on the bargaining unit under the collective bargaining agreement. For the guidance of the Trustees in determining whether to grant the request,please complete the following statement. If there are any questions, please write or telephone the Trust Office. You will be notified of the Board's action. CERTIFICATION This is to confirm that the Local Union finds this employer's request to be consistent with its Local Union's position on the bargaining unit under the collective bargaining agreement. This constitutes a written agreement with the Employer concurring to the extension of welfare program coverage to the persons (and their successors) designated herein. Dated this day of ,20 i1FCW Local Union No. 9 1 By: (Title of President) * * * * * * * * * * * * * * * APPROVAL OF THE TRUSTEES The undersigned Chairman and Secretary of the Sound Health & Wellness Trust have approved this Special Agreement, subject to ratification by the full Board of Trustees at its next meeting. This approval is extended, subject to the following conditions. (Describe special conditions,if any) Dated this day of ,20 By: By: Chairman Secretary -5- SOUND HEALTH & WELLNESS TRUST (formerly the Retail Clerks Welfare Trust) Special Agreement for Owner-Operators and Non-Bargaining Unit Employees Revised Rules of Participation Adopted: December 5, 1985 Revised: December 11, 1986 Amended and Restated: December 7,2017 By action of the Board of Trustees, these Rules of Participation allow for the participation in the Sound Health & Wellness Trust (the"Trust") of certain owner-operators and non-bargaining unit employees of participating employers that are parties to collective bargaining agreements between the participating employer and a participating local union providing for the participation of eligible bargaining unit employees in the Trust. Definitions A. All terms not defined herein shall be defined under the Trust Agreement. B. Non-bargaining unit employee means an owner-operator of an incorporated entity including LLCs, corporate owner, corporate officers, and the immediate family members of such individuals and any other employee of a participating employer that the participating employer and participating local union agree is not a member of the bargaining unit; notwithstanding the foregoing, the Trustees, in their sole discretion, may determine that an employee shall be treated as a non-bargaining unit employee for the purposes of the Special Agreement. Partners and sole proprietors participating in the Trust before January 1, 2018 shall be treated as non-bargaining unit employee for the purpose of these rules. C. Bargaining unit employee means an employee of a participating employer that the participating employer and participating local union agree is a member of the bargaining unit subject to the collective bargaining agreement between such employer and local union. D. The Trustees, in their sole discretion, shall determine whether an employee who has an insignificant amount of ownership interest in the employer is considered a non- bargaining unit employee for the purposes of the Special Agreement. E. The Trustees, in their sole discretion, may determine whether an immediate family member is a member of the bargaining unit for the purposes of the Agreement. The participating employer shall provide all documents necessary to make this determination, including but not limited to, written proof that the business is legally separate property and that the working conditions of the employee are governed by a collective bargaining agreement and are the same as for all other bargaining unit employees. Absent such determination, the immediate family member shall be treated as a non-bargaining unit employee. 3/19/2018 SOUND HEALTH & WELLNESS TRUST (Retail Clerks Welfare Trust) Special Agreement for Non-Bargaining Unit Employees Rules of Participation Adopted: December 5, 1985 Revised: December 11, 1986 Amended and Restated: December 7,2017 Page 2 Rules of Participation A. The Trust Office will send all first time participating employers these Non-Bargaining Employees Rules of Participation and a Special Agreement form with their first billing B. Participating employers whose business first begins participation in the Trust and that wish to cover any non-bargaining employees must submit a Special Agreement form and the additional documentation listed on the form (such as a copy of the entity's current Business License) to the Trust Office within 30 days following the execution of their first collective bargaining agreement providing for participation in the Trust. If the Special Agreement is approved, contributions for any non-bargaining employees must commence concurrently with contributions for the employer's bargaining unit employees. C. If an employer wishes to participate in the Trust on behalf of non-bargaining employees, the employer must report on and contribute on behalf of all current and future non- bargaining employees to the Trust beginning as of each non-bargaining employee's first date of employment, or the effective date of participation in the Trust by the employer, if later,until the Special Agreement is terminated according to these Rules of Participation. D. A person who becomes a non-bargaining employee of a participating employer shall become subject to the Special Agreement as of the date he or she becomes a non- bargaining employee. The effective date of eligibility for benefits will be determined by the terms of the Trust welfare benefit plan under the same terms as the employer's bargaining unit employees. E. Any employer that does not execute a completed Special Agreement or does not submit the form in a timely manner, shall not again be granted the opportunity to seek Trustee approval for participation on behalf of its non-bargaining unit employees until renewal of the existing labor collective bargaining agreement covering this employer's bargaining unit employees, submitting a Special Agreement form to the Trust Office within 30 days following the effective date of that renewed contract. If the Special Agreement is approved, contributions must commence with the first full month following the contract effective date. The effective date of eligibility will be determined by the terms of the Trust welfare benefit plan under the same terms as the employer's bargaining unit employees. F. Non-bargaining employees, with the exception of non-bargaining employees currently participating in the Washington Meat Industry Welfare Pension Trust must employ at least one bargaining unit employee eligible for coverage under the Sound Health & Wellness Trust's welfare benefit plans who is working at least 150 hours per month and SOUND HEALTH & WELLNESS TRUST (Retail Clerks Welfare Trust) Special Agreement for Non-Bargaining Unit Employees Rules of Participation Adopted: December 5, 1985 Revised: December 11, 1986 Amended and Restated: December 7, 2017 Page 3 who is not an owner in order for coverage to be available to the non-bargaining unit employees. G. Contributions for non-bargaining unit employees must be computed on the basis of 173 hours per month. H. Non-bargaining unit employees of the employer must be covered under the same Trust welfare benefit plans and under the same terms as their bargaining unit employees are covered. 1. Contributions for non-bargaining staff employees must continue until the expiration of the current collective bargaining agreement and each succeeding collective bargaining agreement until participation is terminated at the end of a collective bargaining period by the Trust or the employer by giving written notice to the other party at least thirty (30) days prior to such ending date. Notwithstanding the foregoing, the Trustees may terminate this Agreement with 30 days notice at any time. This Agreement shall terminate upon the Employer's failure to timely make the required contributions under the Agreement or upon the effective date the Employer no longer has an obligation to contribute to the Trust on behalf of its collective bargaining employees pursuant to a collective bargaining agreement. I. Participation of non-bargaining unit employees shall be discretionary on an employer-by- employer basis,as requested by the employer on its Special Agreement. J. If there is a significant change in ownership of the entity, as determined by the Trustees in their sole discretion, the new entity shall be treated as a new participating employer and the non-bargaining unit employees of the business must again initiate coverage by following and satisfying the requirements of paragraphs(A) through (J) above in order to participate. K. Failure at any time by the employer or the non-bargaining unit employees to comply with these Rules or its Special Agreement shall constitute a termination of the Agreement, at the Trustees' discretion. PRADDEmployeeName PSTN1PositionName ADAMS, JODI L BLDG &ADMIN SERVICES MGR BAILEY, LORI E CHIEF DEPUTY/OFFICE SUPVSR. BENCE, WILLIAM R EMERGENCY MANAGEMENT DIRECTOR BICK, TRACIE J COURT ADMINISTRATOR BINNS, KARI L PAYROLL SERVICES MANAGER BOATMAN, THOMAS A SOLID WASTE MANAGER BOLIN, EMMA D PLANNING SUPERVISOR CARR, BARBARA L DIRECTOR OF JUVENILE SERVICES CHARNAS, PATRICIA L DIRECTOR OF COMMUNITY DEV DAWSON, MICHAEL B WATER QUALITY MANAGER FORTINO, DAVID M JAIL SUPERINTENDENT FRANK, ARTHUR W UNDERSHERIFF GALLAWAY, CAROLYN L DEPUTY CLERK OF THE BOARD HAMILTON, AMANDA L CONFIDENTIAL SECRETARY HANSEN,TREVOR W CHIEF CIVIL DEPUTY HOLBROOK, JANET A CHIEF DEPUTY/OFFICE SUPERVR. HUGONIOT, KENNETH R RECORDS ADMINISTRATOR HUNSUCKER, PHILIP C DEPUTY PROSECUTOR III HUNTINGFORD, BRENDA J CHIEF DEPUTY AUDITOR JOHNSON, LOUIS W ER&R MANAGER KIRKPATRICK,VICKI K HEALTH & HUMAN SERV DIRECTOR KUZMA, ERIC J ENG SVCS MGR/ASST PW DIRECTOR LOCKE, LESLIE R EXECUTIVE ASSISTANT LUNDGREN, ERIN K CLERK OF BOARD/HUMN RES MGR MCCAULEY, MARK G CENTRAL SERVICES DIRECTOR MORLEY, PHILIP COUNTY ADMINISTRATOR NORDSTROM, SOPHIE C SUPERIOR COURT ADMINISTRATOR PHILLIPS, ANNA K DEPUTY PROSECUTOR II REINDERS, MONTE M PUBLIC WORKS DIRECTOR/CO EGR ROBERTS, BRET A DEPUTY PROSECUTOR II SHANNON,JULIE A EXECUTIVE SECRETARY II SHAW,VERONICA K DEPUTY DIR OF PUBLIC HEALTH SHEPHERD, JUDY F ACCOUNTANT SHOLD, SHERRIE M CHIEF DEPUTY/OFFICE SUPERVISOR ST MARIE,JULIAN E CHIEF DEPUTY PROS ATTORNEY STERBENZ, LYNN E EMERGENCY MANAGEMENT DIRECTOR STEWART, MATTHEW J MAINTENANCE SUPERINTENDENT TAYLOR, CATHERINE L FINANCIAL MANAGER TAYLOR, TERRY G ANIMAL SERVICES OFFICER TYLER, MATTHEW L PARKS & REC MANAGER WATKINS, AUSTIN M PLANNING MANAGER WHITFORD, STUART S ENV HEALTH & WATER QUALITY DIR PRADDEmployeeName PSTN1PositionName CARROLL, ROSE ANN AUDITOR CHAPMAN,JEFFREY S ASSESSOR DEAN, KATHERINE M COMMISSIONER GORDON, RUTHANN CLERK HAAS, MICHAEL E PROSECUTING ATTORNEY KLER, KATHLEEN A COMMISSIONER LANDES,JILL DISTRICT COURT JUDGE PRADA, STACIE L TREASURER STANKO, DAVID J SHERIFF SULLIVAN, DAVID W COMMISSIONER .•y�'a '� z Yf S "4"."'4"1"'"JKak...`*"44 W '- '' de Y r.'�M : ",, ,:r""cy, 1441WOOt ihr"." •00.44.411y0 At > •, ,stiwish.40 4.1.•4,7:n T " ; 0 %rt. 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