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HomeMy WebLinkAbout060319_ca07 Consent Agenda Commissioners Office JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administrator FROM: Erin Lundgren, Clerk of the Board DATE: June 3,2019 SUBJECT: AGREEMENT and SUBSCRIPTION AGREEMENT re: Collective Bargaining Agreement and Subscription Agreement for Trust Participation for the Jefferson County Sheriff's Office Administrative Staff; Teamsters Local#589 and Washington Teamsters Welfare Trust STATEMENT OF ISSUE: The Collective Bargaining Agreement with Teamsters Local #589 covering the Jefferson County Sheriff's Office Administrative staff expired December 31, 2017. Since that time,periodic negotiations were conducted, and ultimately mediation was held with the Teamsters Union representative and the employee negotiating team members. ANALYSIS: A proposed agreement for 2018 through December 31, 2021 has been ratified by the Teamster represented employees. In addition to the Collective Bargaining Agreement, attached is a subscription agreement for employees to participate in the Washington Teamsters Welfare Trust in order to receive health care benefits. FISCAL IMPACT: Proposed wage adjustments are as follows: - 6.47% general wage increase for 2018 - 0% - no general wage increase for 2019 - 0% - no general wage increase for 2020 - 1.75% general wage increase for 2021 RECOMMENDATION: Approve and sign the Collective Bargaining Agreement and Subscription Agreement. REVIEWED B . tom./!" 5�3I P clip More • . - • - mis rator Date F*AT"- 13 -0 -AUT I -Mm, I by and between JEFFERSON COUNTY and TEAMSTERS LOCAL 589 Covering Sheriffs Administrative Staff I For the period from Adoption through December 2021 1 �g�ON May 21, 2019 TABLE OF CONTENTS ARTICLEI - RECOGNITION.................................................................................................... I ARTICLE 2 - UNION NOTIFICA TION AND FEES................................................................. I ARTICLE 3 - UNION MANA GEMENT RELATIONS.............................................................. I ARTICLE 4 - NON-DISCRIMINATION..................................................................................... 2 ARTICLE 5 - UNION AND EMPLOYEE'S RIGHTS................................................................. 2 ARTICLE 6 - PERSONNEL RECORDS......................................................................................3 ARTICLE 7 - SENIORITY AND ABILITY................................................................................. 4 ARTICLE 8 - HOURS OF WORK & OVERTIME...................................................................... 5 ARTICLE 9 - RESERVED ARTICLE......................................................................................... 6 ARTICLE10 - COMP-TIME........................................................................................................ 7 ARTICLE11- JURYDUTY......................................................................................................... 7 ARTICLE12 - CALL BACK......................................................................................................... 7 ARTICLE 13 - GRIEVANCE PROCEDURE.............................................................................. 7 ARTICLE14 - WAGES............................................................................................................... 10 ARTICLE15 - LONGEVITY...................................................................................................... 11 ARTICLE16 - HOLIDAYS........................................................................................................ 11 ARTICLE17- VACATIONS...................................................................................................... 12 ARTICLE18 - SICK LEA VE...................................................................................................... 13 ARTICLE 19 - BEREAVEMENT LEAVE................................................................................. 14 ARTICLE20 - MILITARY LEA VE ........................................................................................... 14 ARTICLE21- DRESS CODE.................................................................................................... 15 ARTICLE 22 - JOB INFORMATION........................................................................................ 15 ARTICLE 23 - HEALTHAND WELFARE, DENTAL & VISION .......................................... 16 ARTICLE 24 - MAINTENANCE OF BENEFITS.................................................................... 16 ARTICLE 25 - STA TUTOR Y BENEFIT MANDATES............................................................ 16 ARTICLE26 - RESERVED ARTICLE..................................................................................... 17 ARTICLE27 - SA VINGS CLA USE........................................................................................... 17 ARTICLE 28 - LABOR MANAGEMENT COMMITTEE........................................................ 17 ARTICLE29- TERMINATION.................................................................................................. 18 APPENDIX"A" WAGES........................................................................................................... 19 A.1 SHERIFF'S OFFICE ADMINISTRATIVE STAFF WAGE TABLE ........................ 19 A.2 SHERIFF'S OFFICE ADMINISTRATIVE STAFFASSIGNMENTS ..................... 19 APPENDIX B - EMPLOYEE BILL OF RIGHTS..................................................................... 20 AGREEMENT by and between JEFFERSON COUNTY SHERIFF'S OFFICE SHERIFF'S ADMINISTRATIVE STAFF and TEAMSTERS LOCAL UNION NO. 589 OF THE INTERNATIONAL BROTHERHOOD OF TEAMSTERS Date of Adoption through December 31, 2021 This document constitutes an agreement between the Sheriffs Office of JEFFERSON COUNTY, a political subdivision of the State of Washington and TEAMSTERS LOCAL #589, Port Angeles, Washington. ARTICLE I —RECOGNITION 1.1 The County recognizes the Union as the designated exclusive representative for all regular full and part time employees, employed in the Sheriff's Administrative Office, as described in Appendix A Wages and excluding all other employees. ARTICLE 2 - UNION NOTIFICATION AND FEES 2.1 Notification of New Hires: The Employer agrees to notify the Union each month when new employees are hired providing the employee's name, date of hire, position and wage rate. 2.2 Payroll Deduction Procedure: The Employer shall deduct and transmit monthly those regular Union initiation fees, dues, and regular assessments from the pay of each employee who so affirmatively authorize in writing, on a form acceptable to the County Auditor, the Employer to make the deduction. Employee affirmative authorization forms shall be retained by the County. In addition, the Employer shall provide the Union a list of employees and their respective Union -related deductions. The Union agrees to indemnify, defend and hold the Employer harmless against any and all claims, suits, orders and judgments brought against the Employer as a result of or arising from any payroll deduction made on the Union's behalf. The Union may give the Employer thirty (30) days written notice to discontinue payroll deductions for any employee subject to this Section. 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. 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 Sheriffs Administrative Staff Jefferson County Sheriffs Office Ratified: 5/20/2019 Through December 31, 2021 Page -1- 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. ARTICLE 4 - NON-DISCRIMINATION 4.1 The parties agree that there will be no discrimination against any employee because of their lawfully protected class status, 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 union activity shall not be conducted during working hours except as expressly allowed herein or be allowed in any way to interfere with the Employer's operations. ARTICLE 5 - UNION AND EMPLOYEE'S RIGHTS 5.1 The Employer and employees mutually agree to treat each other with respect and in a professional manner complying with Jefferson County policies and procedures. 5.2 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. 5.3 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. 5.4 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. 5.5 The Union shall be permitted to establish stewards. The duties of the 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 Sheriffs Administrative Staff Ratified: 5/20/2019 Page -2- Jefferson County Sheriffs Office Through December 31, 2021 business and the investigation of grievances shall take place during the Employee's free time or before or after shift. In the event the investigation of grievances is not possible during the Employee's free time before or after shift the Steward shall be allowed a reasonable amount of time during working hours to perform such function, provided that the steward has supervisor approval. Stewards shall not interfere with the management of the County or direct the work of any Employee. 5.6 Employees have the right to seek the assistance of their Union according to RCW 41.56 5.7 The Steward may sign up new Employees. ARTICLE 6 - PERSONNEL RECORDS 6.1 All personnel records in the County's control 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 employee and will be retained in a personnel record, shall be initialed by the employee. The employee's initials are not an admission of guilt but verification that they have seen it and it is an item that was put in a record. If the employee refuses to initial the document, management shall note it 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, when the item is entered into the personnel file the Employee shall be allowed an initial opportunity to respond (up to ninety (90) calendar 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 allow an employee this initial response opportunity or to staple the response to the unfavorable item 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. Sheriffs Administrative Staff Ratified: 5/20/2019 Page -3- Jefferson County Sheriffs Office Through December 31, 2021 #5 The Employer through the department head, 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. #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. 6.2 In administering this Article it is agreed that: a) Each employee file maintained by the Sheriff shall include a record of when the employees file was accessed and by whom in the manner established by the Sheriff b) Employees who access their file as provided herein and who identify documents in their file not conforming to this Article 6 shall request the Sheriff remove from their file such documents that are nonconforming C) Any document removed from an employee's personnel file shall be delivered in a sealed envelope to the employee who shall sign a receipt for same, if requested. ARTICLE 7 - SENIORITY AND ABILITY 7.1 Seniority according to this agreement shall consist of the continuous service of the Employee with the Sheriff's 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. 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 department head 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 trial period may be extended, one time, up to an additional twelve (12) months by agreement with the employee who shall be notified of the extension at least two (2) weeks before the end of the first 12 month period. Sheriffs Administrative Staff Ratified: 5/20/2019 Page -4- Jefferson County Sheriffs Office Through December 31, 2021 7.2.1 In the event an employee transfers from another classification within the Sheriff s 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. 7.2.4 Employees after having served six (6) months of their trial period, may use accrued paid leave. 7.3 Seniority shall be determined based upon years of continuous service as an employee of the Sheriffs Office. Seniority shall be lost after twelve (12) months in layoff status. 7.4 The Employer 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 who have completed a trial period in another classification, which may be covered by a separate collective bargaining contract within the Teamsters Union, 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 The Sheriff shall at all times, retain sole discretion with respect to individual employee selection, work assignments, training requirements, required certifications, etc. provided however, employee assignments shall not be arbitrary or capricious. ARTICLE 8 - HOURS OF WORK & OVERTIME 8.1 The normal work week shall be set by the Sheriff and shall consist of five consecutive days of eight (8) hours, between the hours of 6:00 a.m. and 6:00 p.m. Forty (40) hours shall constitute a week's work. All time worked in excess of forty (40) hours per week shall be overtime and paid at the rate of time and one half. There shall be no reduction of pay for performing work in a lower classification rate. See §8.9 for alternatives. Sheriffs Administrative Staff Ratified: 5/20/2019 Page -5- Jefferson County Sheriffs Office Through December 31, 2021 8.2 Classifications that may require any employee to attend night meetings may be adjusted with flexible scheduling. If an employee works the regularly scheduled shift on the day of the night meeting, time off must be scheduled and taken off within ten (10) working days of the meeting; otherwise the employee shall be paid for the overtime hours or granted compensatory time at the overtime rate. 8.3 The employer may establish a reduced hour work week of less than 40 hours by mutual agreement of the Union. The County may proceed with implementation of its final proposal for a reduced hour week upon 60 days' notice to employees when such implementation is to avoid layoff and shall then engage in good faith bargaining of the impact of such action upon demand of the Union. 8.4 Overtime hours are those compensable hours (hours actually worked) 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. 8.5 Overtime hours worked shall be paid at the rate of time and one-half the Employee's regular rate of pay. 8.6 Overtime pay shall not be compounded with any other form of premium compensation paid to the Employee. 8.7 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 employer. 8.8 If an Employee working a 5/8 schedule 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. The twelve (12) hour between scheduled shifts shall be eight (8) for any alternative shifts,'such as a 4/10 shift, adopted pursuant to Section 8.9. 8.9 Nothing in this Agreement shall prohibit the Sheriff and an employee from entering into an alternative schedule by mutual agreement where agreement is to the benefit of both the employee and 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. Sheriffs Administrative Staff Ratified: 5/20/2019 ARTICLE 9 - RESERVED ARTICLE Page -6- Jefferson County Sheriffs Office Through December 31, 2021 ARTICLE 10 - COMP -TIME 10.1 Employees may take compensatory time off at the rate of one and one-half hours off per hour of overtime worked in lieu of overtime pay. An employee who accrues the maximum of forty (40) hours comp -time will not be allowed to accrue additional comp time. Additional hours shall be paid for at the overtime rate. 10.2 An employee on compensatory time off shall be deemed to be on official leave with pay status. 10.3 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 compensatory time off may request that a day of sick leave be taken rather than previously scheduled compensatory time. 10.4 An employee may choose to add comp -time to their bank as long as their bank does not exceed the forty (40) hour maximum. 10.5 Comp -time can be carried over from month to month, and/or year to year with no more than forty (40) hours being carried over. 10.6 The employer may limit Comp Time use as provided by law. 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. ARTICLE 12 - CALL BACK 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 or the employee commences their regular scheduled shift which ever occurs first. Court time on other than the employees regular work schedule shall be compensated as call back. Call back for Court as witness duty shall be actual time spent with a minimum of three (3) hours. ARTICLE 1 - 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 Sheriffs Administrative Staff Ratified: 5/20/2019 Page -7- Jefferson County Sheriffs Office Through December 31, 2021 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 contract, 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 grievable 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. Issues arising from Section 7.7 are limited to the question of arbitrariness and capriciousness. WORKING DAY: Exclusive of Saturday, Sunday and holidays. 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: Any 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. 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 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. 13.4 PARTIES RIGHTS AND RESTRICTIONS: 1. A party to the grievance shall have the right to record a formal grievance meeting at their own expense. 2. An Employee may have a Union representative present at all steps of the grievance procedure. Sheriffs Administrative Staff Jefferson County Sheriffs Office Ratified: 5/20/2019 Through December 31, 2021 Page -8- 3. 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. 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 communication 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. 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 Department Head within twenty (20) working days from the close of the formal meeting. Step #3 If the employee feels the Sheriff has not resolved an economic grievance, the employee may appeal to the County Administrator. At this time, all supporting documents and evidence relative to the grievance shall be included with the appeal. The County Administrator 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. Sheriffs Administrative Staff Ratified: 5/20/2019 Page -9- Jefferson County Sheriffs Office Through December 31, 2021 Step #4 Board of Adjustment: If the grievant is not satisfied with the decision of the County Administrator or their designee, within twenty (20) working days after receipt of the decision, the grievant may submit the grievance to The Teamsters and Employer's Board of Adjustment, or its successor, according to its' rules and procedures. In the event the Board of Adjustment 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 a 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 The Board or arbitrator shall not have the power to alter, amend, or change any contractual language of the Labor Agreement. 13.9 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. 13.10 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. 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 Notwithstanding any other provision of this agreement, there shall be no reclassifications performed within three (3) months of the expiration of this agreement or during any negotiation period. 14.3 Whenever this agreement requires a wage increase, the wage increase shall be effective the first day of the month in which the adjustment occurs. Sheriffs Administrative Staff Ratified: 5/20/2019 Page -10- Jefferson County Sheriffs Office Through December 31, 2021 ARTICLE 15 - LONGEVITY 15.1 Upon completion of the following years of employment, Employer 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 15.2 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 employees' first year of eligibility payment will be prorated through November and annually thereafter. 15.3 Shift Proration. The above amounts are based on a 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 (7) 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 16 HOLIDAYS 16.1 The following days shall be considered holidays. New Years Day Presidents Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day after Thanksgiving Day Christmas Day Two (2) floating holidays. January 1 3rd Monday in February Last Monday in May July 4th First Monday in September November 11 th 4th Thursday in November Fri. following Thanksgiving December 251 16.3 Floating holidays to be determined by mutual agreement between the Employee and the Employer, with seven (7) days advance notice. 16.4 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. 16.5 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. 16.6 When a holiday falls on Saturday, the preceding Friday shall be observed, and when it falls on Sunday the following Monday shall be observed. Sheriffs Administrative Staff Jefferson County Sheriffs Office Ratified: 5/20/2019 Through December 31, 2021 Page -11- ARTICLE 17 - VACATIONS 17.1 Vacation shall be accrued as follows: Completed Months of Service Rate of Accrual per Straight Time Hour of Compensation Maximum Hours Earned Maximum Days (at 8 hours/day) Earned 0 through 36 0.0385 80.0 10 37 through 60 0.0462 96.0 12 61 through 120 0.0577 120.0 15 121 through 180 1 0.0615 1 128.0 1 16 181 + 1 0.0770 1 160.0 1 20 17.2 Earned vacation leave may be taken at any time during a period of sickness after the expiration of accumulated sick leave. 17.3 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 Administrator. The maximum forfeiture shall not exceed the amount accrued during the preceding twelve (12) months. 17.4 Seniority order shall prevail for all employee vacation selections made during the "vacation selection period" September 1, through December 31, for the following calendar year.. Vacation time not selected during the vacation selection period is subject to forfeiture as provided below. All time applied for after the vacation selection period will be on a space available basis. 17.5 Vacation time off is to be worked out between the Supervisor and the employee. Vacation may be taken at any time during the year with the welfare of the job being the determining factor. 17.6 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. 17.7 A maximum of ten (10) days 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 ten (10) day 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 will be paid in cash. The inability of the employer to allow the employee to take vacation leave shall be documented by the Department head at the time of such denial and be forwarded to the Payroll Department. Sheriffs Administrative Staff Ratified: 5/20/2019 Page -12- Jefferson County Sheriffs Office Through December 31, 2021 17.8 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. 17.9 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. 17.10 Shift Pro -ration: The above amounts are based on a eight (8) hour shift. Vacation accrual for shifts of less than eight (8) hours shall be calculated as a proportionate share based on a 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). 17.11 No employee shall receive compensation for unused vacation and sick leave greater than two hundred forty (240) hours at the time of retirement. Leave in excess of this amount shall be taken prior to retirement or forfeited. 17.12 In addition to the schedule listed in the categories above under "Completed Months of Service" the following shall apply: 0-36 category -- One (1) additional day (8 hours or less based on FTE) shall be available to employees each calendar year. 37 through 60 and 61 through 120 categories -- Two (2) additional days (16 hours or less based on FTE) shall be available to employees each calendar year. 121 through 180 and 181+ categories -- Three (3) additional days (24 hours or less based on FTE) shall be available to each employee covered by such sections each calendar year. 17.12.1 The additional days available pursuant to this section shall be treated as floating holidays only for the purposes of accrual and cash -out and shall not be carried forward and are not payable upon termination. 17.13 Earned vacation leave may be taken at any time during a period of sickness after the expiration of accumulated sick leave. 17.14 An Employee who notifies his/her Supervisor promptly or substantiates to the satisfaction of his/her Supervisor that he/she was sick on a scheduled day of vacation may request that a day of sick leave be taken rather than a previously scheduled vacation day. ARTICLE 18 - SICK. LEAVE 18.1 Sick leave is earned by regular and trial employees 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 use sick leave, an employee must either be sick or disabled or have a scheduled health care appointment. Upon request by the Sheriffs Administrative Staff Ratified: 5/20/2019 Page-13- Jefferson County Sheriffs Office Through December 31, 2021 department head, an employee must be able to furnish proof, including documentation from the attending health care provider. Falsification or misuse of sick leave shall be grounds for disciplinary action. 18.2 Use of sick leave is also appropriate for illness or disability caused or contributed to by: 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. (RCW 49.12) Accrued sick leave, not leave of absence (Section 5.60), must be used for illness, injury or disability. 18.3 Sick leave is not appropriate and will not be authorized for death in the employee's family. (See Bereavement Leave.) 18.4 No employee shall receive compensation for unused sick leave greater than the amount determined as a result of Section 18.5 subsection 2 at the time of retirement. 18.5 The County will make the following payment for sick leave. 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. 18.6 Light Duty: 1. Light Duty shall be for the purpose of temporary assignment while a disabled employee becomes able to resume full duties. 2. 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. ARTICLE 19 - BEREAVEMENT LEAVE 19.1 Bereavement leave shall be authorized to permanent 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. 19.2 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 20 — MILITARY LEAVE 20.1 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 Sheriffs Administrative Staff Jefferson County Sheriffs Office Ratified: 5/20/2019 Through December 31, 2021 Page -14- 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 21— DRESS CODE 21.1 Monday through Thursday business casual dress code standard includes • Slacks or khaki pants either cotton, wool or blends • Casual skirts or dresses long enough so that you can sit comfortably in public • Blouses, collared shirts, pull over tops, long or short sleeve sweaters, golf shirts, and turtlenecks. T-shirts worn under another blouse, shirt, jacket or dress • Blazer or sweater, optional • Low heeled shoes such as flats, boots, clogs, loafers, and walking shoes with stable soles 21.2 Casual Friday attire includes: • Denim shirts, pants, jackets • Athletic shoes, deck shoes, loafers, walking shoes, clogs • Casual shirts • Shirts or sweatshirt (sport team, college team logos allowed) 21.3 Exclusions: • Tank tops, halter tops, midriff tops, spaghetti strap tops, sleeveless tops or those with see through or clingy fabrics. • Shirts with potentially offensive words, terms pictures logos or cartoons, • Miniskirts, skorts, sun dresses, beach dresses and spaghetti -strap dresses. Skirts or dresses split above the knee • Sweat pants, exercise pants, shorts, leggings, overalls, other spandex pants, capris • Denim shirts, pants or jackets • Clothing that is torn, frayed, or dirty • Athletic gear or shoes • High heeled or open toe shoes ARTICLE 22 - JOB INFORMATION 22.1 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: 1. The job description for the position the employee fills or will fill; 2. 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; 3. A copy of the current Personnel Policy and all other personnel related policies, either as a printed copy, or access to an electronic copy. Sheriffs Administrative Staff Ratified: 5/20/2019 Page -15- Jefferson County Sheriffs Office Through December 31, 2021 AR'T'ICLE 23 - HEALTH AND WELFARE, DENTAL & VISION 23.1 MEDICAL: The Employer shall pay into the Washington Teamsters Health and Welfare Fund for Medical Plan B, for every Employee covered by this agreement who was compensated for eighty (80) hours or more in the previous month. Said payment shall be made on or before the 10th day of each month. 23.2.1 In addition to the basic Medical Plan B the following optional benefits shall be provided: 9 -month disability premium waver, Plan A $400/week additional STD benefit, Plan B $15,000 additional employee Life/ $1,500 AD&D insurance. 23.2 DENTAL: The Employer shall pay into the Northwest Teamsters Dental Trust, Plan B at the amount required each month for each employee who was compensated eighty (80) hours during the preceding month. The above payments shall be made to an authorized administrative office by the 10th of each month. 23.2.1 Effective with December 2008 hours payable in January 2009, Plan B shall be replaced with Dental Plan A on the same 85%, 15% cost sharing basis (see Maintenance of Benefits). 23.3 VISION: The employer shall pay the Teamsters Vision Care Trust the amount required for each employee who was compensated for eighty (80) hours or more during the preceding month. ARTICLE 24 _ MAINTENANCE OF BENEFITS 24.1 The County shall be responsible for 85% of the required contribution for the benefits provided in Sections 23.1, 23.2, and 23.3 with employees responsible for 15% of the required contribution. The Trust Subscription Agreement is attached to this agreement. 24.2 The Parties agree that either party may open Articles 23, 24, 25 and 26 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 Administrative staff or the Sheriff's Office Administrative 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 25 - STATUTORY BENEFIT MANDATES 25.1 The Employer and Union agree that whenever Federal, State or Local laws require the Employer to provide benefits not negotiated by the parties into this Agreement such benefits shall be administered in accordance with the enactment and to the extent permitted the Employer and employee shall contribute to the cost of such non -negotiated benefit. Sheriffs Administrative Staff Ratified: 5/20/2019 Page -16- Jefferson County Sheriffs Office Through December 31, 2021 25.2 Beginning January 2018 the sick -leave provisions of this agreement shall be administered pursuant to the Washington Sick Leave law as same may be amended provided however, there will be no reduction in benefits provided in this agreement. 25.3 Washington State Paid Family Medical Leave (RCW 50A.04) premiums shall be paid by the Employer and employee as permitted by the Statute with employees paying the Family Leave portion and 45% of the Medical portion. ARTICLE 26 — RESERVED ARTICLE ARTICLE 27 . SAVINGS CLAUSE 27.1 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. 27.2 The County reserves to itself all RCW 41.56 rights not conceded in this agreement. 27.3 The Union reserves to itself all RCW 41.56 rights not conceded in this agreement. ARTICLE 28 — LABOR MANAGEMENT COMMITTEE 28.1 Labor/Management: 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 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 work force 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. Sheriffs Administrative Staff Ratified: 5/20/2019 Page -17- Jefferson County Sheriffs Office Through December 31, 2021 ARTICLE 29- TERMINA'T'ION 29.1 This agreement shall be effective from date of approval through December 31, 2021, provided that either party may reopen same on the first of January of any year by giving one hundred eighty (180) days' notice in writing prior to January 1st. SIGNED THIS JEFFERSON COUNTY BOARD OF COMMISSIONERS Kate Dean, Chair DAY OF 2019. TEAMSTERS LOCAL #589 Mark Fuller Secretary -Treasurer APPROVED AS TO FORM Greg Brotherton, Member Chief Civil Prosecutor David Sullivan, Member Risk Manager ATTEST: Jefferson County Clerk of the Board Sheriffs Administrative Staff Ratified: 5/20/2019 Page -18- Jefferson County Sheriffs Office Through December 31, 2021 JEFFERSON COUNTY SHERIFF'S OFFICE Uniform Support Services January 1, 2018 through December 31, 2021 APPENDIX "A" WAGES A.1 SHERIFF'S OFFICE ADmiNISTRATIVE STAFF WAGE TABLE Effective January 1, 2018, and for the term of this agreement, for employees employed on the date of ratification or effectiveness, whichever is later, the Pay Grades and rates of pay for each Pay Grade covered by this Agreement shall be as follows: SHERIFF'S ADMIN. WAGE TABLE 2017 Effective Jan. 1. 2017 (For Reference ON Increase from 12 months 12 months 12 months 12 months 12 months 12 months 12 months 12 months 12 months 12 months to 2017 1 2 3 4 5 6 7 8 9 10 Mnths2016 1.00% 2.50% 2.50% 2.50% 2.50% 2 50% 2.50% 2 50%, 2.50% 2.50% Administrative 15.95 16351 16.76 17.171 17.60 18.04 18.50% 18.96 19.43 19.921 20.42 SHERIFF'S ADMIN. WAGE TABLE Effective Jan.. 2018 through 2020 Increase from 12 months 12 months 12 months 12 months 12 months 12 months ... 12 months 12 months 12 months 12 months 12 months 2017 through 2020 1 2...... 3....... 4 6 . 6 7 8 ,. 9._ .... 10_.. 1.1. 6.47% 2.50% 2.50% 2.50% 2.50% -2.50% 2.50% 2.50% 2.50% 2.50% 2.50% Administrative 16.98 17.40 17.84 18.29 18.74' 19.21 19.69' 20.18 20.691 21.21' 21.74 SHERIFF'S ADMIN. WAGE TABLE Effective Jan., 2021 Increase from 12 months 12 months 12 months 12 months 12 months 12 months 12 months 12 months 12 months 12 months 12 months 2020 to 2021 1 2 3 4 6 6 7 8 9 10 11 1.75% 2.50% 2.50% 2.50% 2.50% 2.50% 2.50%' 2.50% 2.50% 2.50% 2.50% Administrative 17.28 17.71' 18.15 18.61' 19.07 19.55' 20.04 20.54 21.05 21.58' 22.12 Wages shall be retroactive for Bargaining Unit work in 2018 by calculating such payment using the Year -To -Date Bargaining Unit wages for 2018 and 2019 paid prior to the effectuation of the new 2018 rates multiplied by 6.47%. A.2 SHERIFF'S OFFICE ADMINISTRA'T'IVE STAFF ASSIGNMENTS In accordance with Section 7.6, there are general assignments made by the Sheriff, under his/her prerogative to operate and manage the Department affairs in all respects in accordance with lawful mandate. Assignments within the Classification of Administrative Staff include combinations of assignments that are Administrative, Evidence, Records, TAC and/or are related in nature. Sheriffs Administrative Staff Ratified: 5/20/2019 Page -19- Jefferson County Sheriff s.Office Through December 31, 2021 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 needs 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. Sheriffs Administrative Staff Ratified: 5/20/2019 Page -20- Jefferson County Sheriffs Office Through December 31, 2021 WASHINGTON TEAMSTERS WELFARE TRUST SUBSCRIPTION AGREEMENT COLLECTIVE BARGAINING AGREEMENT PROVIDING FOR PARTICIPATION IN TRUST The Employer and Labor Organization below are parties to a Collective Bargaining Agreement providing for participation in the above Trust. An enforceable Collective Bargaining Agreement must exist as a condition precedent to participation in the Trust. Jefferson County Sheriff support staff Teamsters: Local 589 Employer Name P O Box 1220 Address Port Townsend WA 98368 City State Zip Code COLLECTIVE BARGAINING AGREEMENT The parties' Collective Bargaining Agreement is in effect from ❑ New Account Q Renewal —Account No INFORMATION CONCERNING EMPLOYER'S BUSINESS Employer EIN (Tax ID No.) Employer is: ❑■ Public Entity ❑ Corporation - State of Labor Organization (Union) Name PO Box 4043 Address Port Angeles WA 98363 City State Zip Code January 1, 2018 to: December 31, 2021 Approximate No. of Covered Employees 3 ❑ Partnership ❑ Sole Proprietorship ❑ LLC If Partnership or Sole Proprietorship, provide name/s of the owner or partners: BENEFIT PLAN(S) 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 Employer is required to contribute under the Trust Operating Guidelines for the purpose of providing such employees and their dependents with the following benefit plan(s): (The undersigned parties acknowledge the receipt of a copy of the Trust Operating Guidelines which by this reference are made a part hereof.) COVERAGE INBARGAINING AGREEMENT (For renewals, list all coverages, not just changes) Monthly Rate Medical Plan ❑ A ❑■ B ❑ C ❑ Z $1229.50 Life/AD&D ❑ A - $30,000 Employee/$3,000 Dependent ❑■ B - $15,000 Employee/$1,500 Dependent ❑ C - $5,000 Employee/$500 Dependent $ 4.40 Weekly Time Loss ❑ E - $500 ❑■ A - $400 ❑ B - $300 ❑ C-$200 ❑ D-$100 $18.00 Disability Waivers ❑■ Additional 9 months Disability Waiver of Contributions - Medical only $11.40 Domestic Partners ❑ Domestic Partners – Medical $ Dental Plan ❑ A ❑■ B ❑ C $ 87.50 Domestic Partners ❑ Domestic Partners – Dental $ Vision Plan Q EXT $17.10 Domestic Partners ❑ Domestic Partners – Vision $ Will there be any coverage changes before the Collective Bargaining Agreement's expiration? ❑ Yes ❑� No. If yes, attach a Subscription Agreement for each change. EFFECTIVE DATE OF CONTRIBUTIONS - A Subscription Agreement must be submitted in advance of the effective date below. Contributions above are effective (month, year) January 20 18 based on employment in the prior month. Important: Coverage is effective in the month following the month in which the contributions are due based on the Trust's eligibility lag month. For example, contributions 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 writing (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 icipation in the Trust upon the failure to execute this or any future Subscription Agreement or to comply with the Tr erating Guidelines as amended by the Trustees from time to time. For Employer For Union Title/Assn Date Title Secretary Treasurer Date ELIGIBILITY TO PARTICIPATE IN TRUST 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 remains 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 who do not have the required number of hours and contributions in a month and who 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 any and all benefits provided to ineligible individuals from either the ineligible individual receiving the benefits or the employer responsible for misreporting them (if applicable). REPORTING OBLIGA TION AND CONSEQUENCES OF DELINQUENCY 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 damages, interest, 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 dependents shall be eligible for such benefits is determined solely by the Board of Trustees of the Trust in accordance with the terms of 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 of the Trust and its benefits 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 CONTRIBUTION INCREASES The Trustees' authority shall include the right to adjust the contribution rates to support the benefit plans offered by the Trust and 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 plan. If the Collective Bargaining Agreement does not provide a mechanism for fully funding the designated benefit plans, the Board of Trustees may substitute a plan then available that is fully supported by the employer's contribution obligations. The disposition of any excess 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 Trust, and any subsequent amendments to the Trust Agreement. The parties accept as their representatives for purposes of participating in the Trust 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 modify an Employer's liability as specified therein, such amendment will not be deemed applicable to an Employer until such time as the Employer enters into a successor Collective Bargaining Agreement after the expiration of the Employer's then current Collective Bargaining Agreement. APPROVAL OF TRUSTEES This Agreement has been approved by the Board of Trustees of the Washington Teamsters Welfare Trust. Date Administrative Agent Washington Teamsters Welfare Trust SA 28 (REV 02/15) WASHINGTON TEAMSTERS WELFARE TRUST SUBSCRIPTION AGREEMENT GUIDELINES To participate in the Washington Teamsters Welfare Trust, the bargaining parties must complete a Subscription Agreement and file it with the Trust Administrative Office. Additionally, the bargaining parties are advised of the following general participation and benefit information. See Trust Operating Guidelines for more detailed information. 1. The Subscription Agreement language may not be modified or altered. 2. A Subscription Agreement must be submitted to the Trust Administrative Office for each new or renewed collective bargaining agreement, which provides for participation under the Trust. 3. For new accounts, an enforceable collective bargaining agreement, with contribution requirements and eligibility thresholds for benefits consistent with Trust guidelines, must be submitted prior to the activation of the account. 4. Contributions for chanEes in plan benefits or new accounts are effective the first of the month following the date the Trust Office receives the documents in #2 and #3. Trust policy does not allow retroactive changes in contributions or benefits. 5. A new Subscription Agreement is required for each change in benefits. If a collective bargaining agreement provides for benefit changes subsequent to those listed on the Subscription Agreement submitted to the Trust Office for the new or renewed agreement and the changes take effect prior to the termination of the collective bargaining agreement, the bargaining parties are responsible for formally notifying the Trust Administrative Office of the changes; this may be done by completing and submitting another Subscription Agreement, either with the initial agreement or anytime prior to the effective date of the contribution rate changes for the new benefits. Submission of a collective bargaining agreement by itself does not constitute formal notification of changes. (Please Complete the Entire Sit bscription Agreentent and Tear Qjj These Guidelines Be .1ore Moiling to the Trust A dininistralive i