HomeMy WebLinkAboutES06-016 - Other - AFSCME 2006-2008 Labor Agreement - 05/11/2010 - Grievance Settlement Agreement - Corrections Facility Population Manager Records Manag eMA
KENT = Document
WASHINGTON -_
CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission
to City Clerks Office. All portions are to be completed.
If you have questions, please contact City Clerk's Office.
Vendor Name: AFSCME
Vendor Number:
JD Edwards Number
Contract Number: G--aOCO
This is assigned by City Clerk's Office
Project Name: Memorandum of Understanding - Population Manager
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract
❑ Other:
Contract Effective Date: 6/01/2010 Termination Date:
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: S Viseth Department: ES
Detail: (i.e. address, location, parcel number, tax id, etc.):
S.Publlc\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08
GRIEVANCE SETTLEMENT AGREEMENT
• THIS GRIEVANCE SETTLEMENT AGREEMENT ("Settlement Agreement") is
entered into between the City of Kent, a Washington municipal corporation ("City"),
Virginia Griesbach ("Ms. Griesbach"), and the Washington State Council of County
and City Employees, AFSCME Local #2617 ("AFSCME").
I. RECITALS
1:1 On November 30, 2009, the City began recruitment for a new, two-
year grant funded position within the AFSCME bargaining unit called the
"Corrections Facility Population Manager." Ms. Griesbach, an AFSCME bargaining
unit member, was one of two candidates who were interviewed for the position.
The other candidate was Aaron Hasenoehrl, who was not an AFSCME bargaining
unit member. At the conclusion of the recruitment process, the position was
offered to, and accepted by, Mr. Hasenoehrl.
1.2 On March 3, 2010, on behalf of AFSCME and Ms. Griesbach, AFSCME
filed a grievance alleging the City failed to comply with Section 3.7 of the collective
bargaining agreement which states, "Where qualifications, skills, and abilities of the
finalists are relatively equal, as reasonably determined by the City, preference shall
be given to the Bargaining Unit Employee."
1.3 The City, AFSCME, and Ms. Griesbach have considered the facts
surrounding the grievance, the contract language, and the recruitment process, and
• have determined that it would be in the best interest of all parties to settle the
grievance. Therefore, the parties to this grievance agree as follows:
II. AGREEMENT
2.1 Mr. Hasenoehrl shall remain in the position of Corrections Facility
Population'Manager.
2.2 Ms. Griesbach will be provided a six month career development
opportunity as a Human Resources Analyst in the Employee Services Department of
the City. This career opportunity may be extended upon mutual agreement of the
parties.
2.3 As a Human Resources Analyst, Ms. Griesbach will be classified as a
professional, FLSA exempt, non-represented employee, at salary range NR35, Step
"E". As such she will be entitled to the pro-rated value of six months of
Management Benefits in accordance with City Policy No. 5.6. Her core work hours
will be Monday - Friday, 8am - 5pm with the flexibility to make adjustments with
her Manager's approval. In addition, upon transfer to the Employee Services
Department, Ms. Griesbach's vacation leave bank shall be credited with 52 hours.
2.4 Ms. Griesbach will be afforded the continuation of her AFSCME
seniority, uninterrupted, as a Corrections Sgt. for all time while classified as a
Human Resources Analyst. Upon completion of the six months as a Human
Resources Analyst, unless extended by mutual agreement, Ms. Griesbach will
resume her position as a Corrections Sgt in the Kent Police Department.
GRIEVANCE SETTLEMENT AGREEMENT -
(Corrections Facility Population Manager) May 11, 2010
2.5 Nothing in this Settlement Agreement shall prohibit the City or Ms.
Griesbach from ending the career development opportunity in Employee Services •
prior to the six month, or mutually agreed upon extended period, with at least two
weeks prior notice to all parties, unless a shorter notification period is mutually
agreed upon. It is understood that acceptance of this settlement agreement,
regardless of the time Ms. Griesbach is assigned to Employee Services, shall serve
as full and complete resolution of this grievance.
2.6 The City (Police Department) will continue to provide education
reimbursement to Ms Griesbach in accordance with Section 25.3, Education
General, and Section 25.4 Reimbursement Requests, of the collective bargaining
agreement.
2.7 Ms. Griesbach shall be allowed to bid for the January to April 2011 bid
rotation in accordance with Article 36.2, Corrections Position Bidding, of the
collective bargaining agreement. In addition, Ms. Griesbach will be afforded the
opportunity to attend Correction Sergeant meetings and relevant training while
assigned to the Employee Services Department.
2.8 This Settlement Agreement shall not be considered a past practice
between the City and AFSCME, or an indication of how a like matter will be handled
by the parties in the future. This settlement agreement shall not be considered
precedent setting.
IN WITNESS WHEREOF, the parties shall be deemed to have executed this •
Agreement on the last date entered below.
EMPLOYEE: CITY:
Z6��- &J )Vi
Niii-gind Griesbach John Ho son, Chi e Ad in. Officer
Date 05-t!./0. Date � / U
I�UnJ
d"-,4�z
Steve Strachan, Police Chief
Ethan Fin�eoouu ,,AFSCME Date
Date '
Sue Viseth, Employee Services Director
Kathleen Etheredge, AFSCME esident Date
Date� aolO •
GRIEVANCE SETTLEMENT AGREEMENT - 2
(Corrections Facility Population Manager) May 11, 2010