HomeMy WebLinkAboutTeamsters Local Union No. 589 re: CDLTuition Reimbursement, Karl Springer (Employee) - 121222jfj&� rs '. ?63 3 -
FOR TUITION AND CDL LICENSING FEE REIMBURSEMENT
This Agreement Between Jefferson County, Employee and Union for Tuition and CDL Licensing Fee
ReimbursemWI
is Agreement) is made and entered into by and between the Jefferson County (the
County) and 1 iIhLI' (the Employee) and Teamsters Local Union
No. 589 of the International Brotherhood of Teamsters (the Union).
WHEREAS, the Employee is an employee of the County who works at the Jefferson County
Department of Public Works (the Department); and,
and,
WHEREAS, the Employee has requested training to obtain a Commercial Driver License (CDL);
WHEREAS, the Union is the exclusive bargaining representative for Employee; and,
WHEREAS, the Union has negotiated with the County the current Collective Bargaining
Agreement by and between the Department and Teamsters Local Union No. 589 of the International
Brotherhood of Teamsters (the CBA), which is incorporated here by reference
WHEREAS, under the terms of Appendix B the CBA the County can pay for the expenses of CDL
Training (Appendix B) and require that Employee enter into an agreement to repay the training expenses
under the conditions in Appendix B, a copy of which is attached to this Agreement; and,
WHEREAS, the Employee understands that the Department will incur substantial expenses in the
provision to the training to attain CDL Licensure under the terms of the CBA; and,
WHEREAS, CDL Licensure as required to benefit the Department is defined as possession of a
valid Class A Commercial Driver's License with valid endorsements at minimum for manual transmission,
fifth -wheel trailer and tankers issued by the Washington State Department of Licensing; and,
WHEREAS, it is acknowledged by the undersigned that the Department's expenditures on behalf
of the Employee are expected to be recaptured through services by the Employee with the Department after
completion of the CDL training, and that the Department will suffer substantial detriment if the Employee
should take employment elsewhere during a period for forty-eight (48) months following completion of
CDL Training and CDL Licensure.
NOW, THEREFORE, the County, the Employee and the Union hereby agree:
No term, condition or privilege of Employee's employment obligates the Department to bear the cost or
expense of Employee attaining CDL Licensure. However, and on the conditions described in this
Agreement and Appendix B, the Department will fund the CDL Licensing Fees (defined below) and Tuition
Payments (defined below) so Employee may obtain CDL Training at a CDL Training school approved by
the Washington State Department of Licensing.
1. County Funding of CDL Licensing Fees and Tuition Payments.
a. The Department will pay CDL Licensing Fees and Tuition Payments to the CDL Training
school on the Employee's behalf.
b. CDL Licensing Fee are defined as follows:
AGREEMENT BETWEEN JEFFERSON COUNTY, EMPLOYEE, AND UNION
FOR TUITION AND CDL LICENSING FEE REIMBURSEMENT — Page 1 of 6
i. Employment Drivers Abstract;
ii. Knowledge Test;
iii. Commercial Drivers Learners Permit;
iv. Skills Test; and
v. CDL Endorsement.
c. Tuition Payments are defined as follows:
i. Tuition charged by the CDL Training school;
ii. Fees charged by the CDL Training school;
iii. Books, workbooks, manuals required for the course; and,
iv. Fee to be tested by an examiner approved by the Washington State Department of
Licensing.
The total cost impact to the County for CDL Licensing Fees and Tuition Payments is estimated to be no
more than $10,000.
2. Employee Requirements During CDL Training. Employee will be responsible for the following
while enrolled in CDL Training:
a. Employee will not be compensated for more than 40 hours per week, at straight time pay, for
attendance at CDL Training. Emergency callout response and other work requested by the
Department unrelated to CDL Training will be compensated under the CBA.
b. Employee will not be compensated for time spent studying, practicing or training for CDL
Licensure outside the hours of attendance at CDL Training.
c. Travel to and from the training facility is the Employee responsibility. Employee will not be
compensated for travel time.
d. Employee is responsible for meals. Employee will not be reimbursed for meals.
e. Employee is responsible for fees and time if required to be retested by an examiner approved
by the Washington State Department of Licensing following any unsuccessful initial test.
3. Required Reimbursement of CDL Licensing Fees and Tuition Payments by the Employe The
Employee agrees to repay the County for all CDL Licensing Fees and Tuition Payments made by
the Department, as follows:
a. The Employee shall repay the County for all CDL Licensing Fees and Tuition Payments, if the
Employee fails to obtain a CDL, after any Tuition Payment is made by the County;
b. The Employee resigns employment with the Department in a job title that requires a CDL for
any reason, the Employee shall repay the County as follows:
AGREEMENT BETWEEN JEFFERSON COUNTY, EMPLOYEE, AND UNION
FOR TUITION AND CDL LICENSING FEE REIMBURSEMENT — Page 2 of 6
100% of the CDL Licensing Fees and Tuition Payments if the Employee leaves the
employment of the County within 1 year of the date that the Employee obtains a CDL;
ii. 75% of the CDL Licensing Fees and Tuition Payments if the Employee leaves the
employment of the County within 2 years of the date that the Employee obtains a CDL;
iii. 50% of the CDL Licensing Fees and Tuition Payments if the Employee leaves the
employment of the County within 3 years of the date that the Employee obtains a CDL;
and,
iv. 25% of the CDL Licensing Fees and Tuition Payments if the Employee leaves the
employment of the County within 5 years of the date that the Employee obtains a CDL.
4. Withdrawal or Dismissal of the Employee for Misconduct The Employee understands that if they
withdraw from the CDL Training, or they are dismissed from the CDL Training for misconduct,
the Employee will be subject to disciplinary action, including termination.
5. Deduction from Employee Pay Authorized.
a. Repayment Where Employee Resigns from a Job the Requires a CDL. If the Employee resigns
from a job that requires a CDL, but remains employed by the County, then reimbursement all
amounts still outstanding shall be deducted from Employee's net earnings in Employee's
remaining pay periods.
b. Repayment Where Employee Resigns from County. If the Employee is terminated from
employment at the County, either voluntarily or involuntarily, then the entire reimbursement
then remaining shall be immediately become due and owing and may be deducted from the
Employee's final pay, including from any payment due for banked PTO or vacation pay.
6. Discretion for the Department to Waive or Modify the Repayment Provisions of this Agreement
When an Employee Is Being Offered Another Position within the County. The Department
Director may waive or modify the reimbursement obligation required by this Agreement at their
sole discretion when deciding whether to offer the Employee a position that does not require a
CDL. Any other director of a County department may waive or modify the reimbursement
obligation required by this Agreement at their sole discretion when deciding whether to offer the
Employee a position outside of the Department, provided that the terms of the employment for the
position outside of the Department require the other department to reimburse the Department on
the Employee's behalf.
7. Controlling Law.
a. It is understood and agreed this Agreement is entered into in the State of Washington. This
Agreement shall be governed by and construed under the laws of the United States, the State
of Washington and the County of Jefferson, as if applied to transactions entered into and to be
performed wholly within Jefferson County, Washington between Jefferson County residents.
b. No party shall argue or assert that any state law other than Washington law applies to the
governance or construction of this Agreement.
8. Litigation/Jurisdiction/Venue.
AGREEMENT BETWEEN JEFFERSON COUNTY, EMPLOYEE, AND UNION
FOR TUITION AND CDL LICENSING FEE REIMBURSEMENT — Page 3 of 6
a. Should either party bring any legal action, each party in such action shall pay for its own
attorney's fees and court costs.
b. The venue for any legal action shall be solely in the appropriate state court in Jefferson County,
Washington, subject to the venue provisions for actions against counties in RCW 36.01.050.
c. If either party deem it necessary to institute legal action or proceeding to enforce any right or
obligation under this Agreement, each party in such action shall pay for its own attorney's fees
and court costs.
9. Entire Agreement. This Agreement memorializes the entire agreement of the parties and all parts
of this Agreement are contained herein. The parties agree that:
a. No representation or promise not contained in this Agreement has been made.
b. They are not entering into this Agreement based on any inducement, promise or representation,
expressed or implied, which is not contained in this Agreement.
c. This Agreement supersedes all prior or simultaneous representations, discussions, negotiations,
and agreements, whether written or oral, within the scope of this Agreement.
10. Section Headings. The headings of the sections of this Agreement are for convenience of reference
only and are not intended to restrict, affect, or be of any weight in the interpretation or construction
of the sections or this Agreement.
11. Limits of Any Waiver of Default. No consent by either party to, or waiver of, a breach by either
party, whether express or implied, shall constitute a consent to, waiver of, or excuse of any other,
different, or subsequent breach by either party.
12. No Oral Waiver. No term or provision of this Agreement will be waived by either party, and no
breach excused by either party, unless such waiver or consent is in writing signed on behalf of the
party against whom the waiver is asserted. Failure of a party to declare any breach or default
immediately upon the occurrence thereof, or delay in taking any action in connection with, shall
not waive such breach or default.
13. Order of Precedence. If there is an inconsistency in this Agreement, or between its terms and
Appendix B; the CBA; or the County's Personnel Administration Manual, the inconsistency shall
be resolved by giving precedence in the following order: (a) Appendix B; (b) the CBA; and, (c) the
County's Personnel Administration Manual.
14. Severability. Provided it does not result in a material change in the terms, if any provision or the
application of this Agreement to any person or circumstance shall be invalid, illegal, or
unenforceable to any extent, the remainder of this Agreement and the application this Agreement
shall not be affected and shall be enforceable to the fullest extent permitted by law.
15. Modification of this Agreement. This Agreement may be amended or supplemented only by a
writing signed by duly authorized representatives of all the parties.
16. Signature in Counterparts. This Agreement may be executed in one or more counterparts, each of
which shall be deemed an original, and all of which counterparts together shall constitute the same
AGREEMENT BETWEEN JEFFERSON COUNTY, EMPLOYEE, AND UNION
FOR TUITION AND CDL LICENSING FEE REIMBURSEMENT — Page 4 of 6
instrument which may be sufficiently evidenced by one counterpart. Execution of this Agreement
at different times and places by the parties shall not affect the validity of this Agreement, so long
as all the parties execute a counterpart of this Agreement.
17. Facsimile and Electronic Signatures. The parties agree that facsimile and electronic signatures shall
have the same force and effect as original signatures.
18. Attachments. Any document in this Agreement identified as an attachment is part of this Agreement
and is incorporated by reference into this Agreement.
19. Employee's Acknowledgement of Receipt/Waiver or Right to Independent Legal Advice By
signing below, Employee acknowledges and agrees that Employee has had the opportunity to
review this Agreement, consult with the Union and/or an attorney, and Employee accepts the terms
and conditions of this Agreement. The Employee and the Union understand that the Employee has
the right to have this document examined by an Attorney of their choosing and at their expense, and
to discuss its terms with their attorney prior to signing it and has chosen to proceed as indicated below:
Employee: Initial one of the lines below as applicable:
I fully understand the nature and terms of the binding obligation created pursuant to
this contract and have chosen to waive my right to consult with an attorney.
/ / I have consulted an attorney regarding this Agreement and received his/her
explanation of its terms as evidence by the attorney's signature below. (If you initial this
paragraph, have your attorney also sign this agreement.)
[SIGNATURE PAGE FOLLOWS]
AGREEMENT BETWEEN JEFFERSON COUNTY, EMPLOYEE, AND UNION
FOR TUITION AND CDL LICENSING FEE REIMBURSEMENT — Page 5 of 6
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APPENDIX B - TRANSITION TO REQUIRED CDL
Public Works — Road Department; Class A-CDL License Requirement and Training Program. Effective
two (2) months following final adoption by the County.
I. All employees currently Classified as Operator I, or upon becoming Classified as Operator -I shall
possess or obtain a Class -A CDL Driver's License.
II. When an employee is Classified as Operator -I and not having a Class -A CDL the County may
consider a request by an eligible employee for CDL training under the following circumstances:
1. The Operator I position shall include as a minimum requirement: "The Operator -I Classification
shall include the possession of, or ability to obtain, a Class A CDL within 6 months of
employment."
2. The Operator -I classification shall be added to the Solid Waste wage matrix to align with the Roads
matrix. The Solid Waste Attendant I and Attendant II positions shall be redundant and no longer an
active position under this CBA. All Attendant -I and II personnel shall comply with the minimum
requirements of Operator -I CDL possession as provided in this Appendix B.
3. Existing employees employed as Laborers may apply for open Operator I jobs, along with outside
applicants, when a position becomes available according to the Recruitment and Selection process
set -out in Chapter 9 of the JC Personnel Manual.
4. The "Management and the hiring team" will determine who is the most qualified applicant for the
position. Establishing the most qualified is determined through a variety of factors established by
Management and the hiring committee including total job experience, attitude, aptitude, ability to
adapt/learn, etc. (i.e., characteristics such as interest in the job, working without constant
supervision, taking a positive dimension of things, always ahead of issues and lastly, employee's
willingness to contribute to achieving the mission). Management must retain the discretion and
ability to hire the best candidate for the job considering the Department needs.
5. The following procedure shall apply to employees selected for an Operator -I position who does not
possess a Class A CDL and where the County would provide the resources for the employee to
obtain the CDL needed to remain in an Operator Classification:
a. Pre -employment Drug and Alcohol testing would be required as per standard process.
b. Tuition up to a maximum amount as determined each year by the Public Works Director.
c. Regular time wages/benefits at Straight -Time wages/normal benefits for not more than 40
hours in any one week at the Operator -I wage rate for the number of weeks to be approved
by the Department Head (or designee) prior to the commencement of any commitment for
training.
d. CDL Medical Card reimbursement according to this CBA.
e. Full reimbursement for first-time CDL licensing fees using current reimbursement methods.
f. No employee shall be compensated more than 40 hours in any one workweek with all
compensation at straight time only. No overtime.
g. No employee will receive reimbursement for travel time, mileage, meals, lodging or per
diem and shall pay such costs individually.
h. Should an employee need to be retested in order to obtain a Class -A CDL such costs of any
re -testing required shall be paid by the employee.
Jefferson County Public Works & Teamsters Local Union k589 -- CBA Date of Adoption to December 31, 2023:
Ratified Nov 9 2021
Signature DOC Page 29 of 35 (including cover)
6. If employee becoming an Operator -I is unable to schedule training or obtain a CDL within the first
6 months of employment, the County may, at its sole discretion, extend the trial period for one
additional 6-month period in accordance with the JC Personnel Manual, Chapter 10, Section 4.1.
7. For internal candidates, it is recognized that the process described herein is not considered a
promotion, but rather an Employee -Initiated Transfer covered under the JC Personnel Manual,
Chapter 10, Section 7.0. Should the employee fail to obtain the required CDL within the 6-month
trial period (or within one additional 6-month extension if offered by the County), the employee
shall have no right to return to their previous position, which will likely have been filled. Personnel Manual, Separation from County Employment, Chapter 10, Section 12. See JC
8. Any employee who is granted funds pursuant to this Appendix B shall reimburse the County IN
FULL for all funding granted to the employee in the event of:
a. The employee fails to obtain a CDL once entered into the program.
b. The employee leaves County CDL employment for any reason.
c. Repayment shall be as follows:
i. Full payment of any amount owing to be deducted from any amounts due to the
employee upon final payment by the County upon severance.
ii. Full payment of any amount owing shall be repaid during employment in an amount
of 5% of the employee's net pay each pay -period until:
1. 100% is repaid if less than 1 year of CDL employment is achieved.
2. 75% is repaid if less than 2 years of CDL employment is achieved.
3. 50% is repaid if less than 3 years of CDL employment is achieved.
4. 25% is repaid if less than 4 years of CDL employment is achieved.
5. No repayment is required if CDL employment exceeds 4 years of CDL
employment.
9. This Transition Appendix B may be removed in subsequent negotiations and replaced as needed.
Jefferson County Public Works & Teamsters Local Union #589 - CBA Date of Adoption to December 31, 2023!
Ratified Nov 9 2021
Signature DOC Page 30 of 35 (including cover)
Consent Agenda
Commissioners Office
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
FROM: Mark McCauley, County Administrator
Sarah Melancon, Human Resources Director
DATE: December 12, 2022
SUBJECT: Request to Approve Agreement between Jefferson County, Employee, and
Union for Commercial Driver's License Training
STATEMENT OF ISSUE:
Public Works Road Maintenance Division has found it increasingly difficult to recruit and hire skilled
Operators with a Class A Commercial Driver License (CDL). In response, a CDL training program was
approved by the Board of County Commissioners in the most recent Collective Bargaining Agreement
(CBA) between Jefferson County and Teamsters Local No. 589, effective through December 31, 2023.
Public Works, therefore, requests that the County Commissioners approve the Training Agreement between
Jefferson County, Karl Springer (Employee), and the Union in accordance with Appendix A of the CBA.
FISCAL IMPACT:
CDL training programs costs are approximately $10,000. The Employee must reimburse the County for
training costs if they fail to obtain a CDL or leave County employment in less than four years.
RECOMMENDATION:
Approve and sign the CDL Training Agreement between Jefferson County, Karl Springer, and Union
REVIEWED BY:
L
' fi2 Z-Z-
Mark McCa 1 y, County Administr, r to
CONTRACT REVIEW FORM Clear Form
(INSTRUCTIONS ARE ON THE NEXT PAGE)
CONTRACT WITH: Teamsters Local Union No. 589 & Karl Springer Contract No: CDL KS
Contract For: Commercial Driver's License Training Term: 2023
COUNTY DEPARTMENT: Human Resource
Contact Person: Sarah Melancon
Contact Phone: x133
Contact email: smelancon@co.jefferson.wa.us
AMOUNT: approximately $10,000 PROCESS: Exempt from Bid Process
Revenue: Cooperative Purchase
Expenditure: $1o,000 Competitive Sealed Bid
Matching Funds Required: Small Works Roster
Sources(s) of Matching Funds Vendor List Bid
Fund # RFP or RFQ
Munis Org/Obj Other:
APPROVAL STEPS:
STEP 1: DEPARTMENT CERTIFIES CO LIA E 1�i JC 5�.11" AND CHAPTER U RCW.
CERTIFIED: FIN/A:R/
ignature Date
STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE
COUNTY (CONTRACTOR) HAS N BEEN DEBARRED BY ANY FEDERAL, STATE, OR LOCAL
AGENCY. 'T r I 07
CERTIFIED: F N/A: <_1eh,11 / �-✓� '
Signature Date
STEP 3: RISK MANAGEMENT REVIEW (will be added el cnically through Laserfiche):
Electronically approved by Risk Management on 12/7/2022.
STEP 4: PROSECUTING ATTORNEY REVIEW (will be added electronically through Laserfiche):
Electronically approved as to form by PAO on 12/6/2022.
STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND
PROSECUTING ATTORNEY(IF REQUIRED).
STEP 6: CONTRACTOR SIGNS
STEP 7: SUBMIT TO BOCC FOR APPROVAL