HomeMy WebLinkAboutBaker, Becky - Agreement re: vacation and other accruals , EE/ C nd tt ��.. L �1 t:. i
AGREEMENT
THIS AGREEMENT is made and entered into by and between the City of
Yakima (hereinafter "City "), Becky Baker (hereinafter "Employee "), and the American
Federation of State, County, and Municipal Employees Local 1122 (hereinafter
"Union ").
WHEREAS, Employee is a seasonal Golf Course Attendant with the Parks and
Recreation Division of the City of Yakima and a member of the Union when on- season.
WHEREAS, Employee has questioned her vacation and other accruals given her
full -time status while on- season prior to September 1, 2007.
WHEREAS, Employee, the Union, and the City desire to resolve this matter and
foreclose potential grievances, appeals, claims, damages, and/ or disputes among the
parties concerning said accruals.
WHEREAS, it is understood and agreed that this Agreement is the compromise
of a disputed claim, and that the transfers herein are not to be construed as an
admission of liability on the part of the City and that the City denies liability therefore.
NOW, THEREFORE, in consideration of the mutual covenants, promises and
agreements set forth herein, it is voluntarily agreed by and between Employee, the
Union, and the City, as follows:
1. Transfers.
The City agrees that, within 30 days of the full execution of this Agreement, the
following transfers will be made:
a. 62.43 hours of annual leave shall be credited to Employee's annual leave
accruals.
b. 64.48 hours of sick leave shall be credited to Employee's sick leave accruals.
c. 7.44 hours of personal holiday time shall be credited to Employee's "in lieu"
of paid leave time account. These hours may be used by Employee in the
same manner as annual leave.
2. Tenn.
The temn of this Agreement shall commence upon full execution by all parties and
shall continue in full force and effect for three (3) years.
3. Waiver.
In consideration for the transfers described above, the Employee and Union
expressly waive and release any and all rights to grieve, appeal, complain, sue, or
otherwise challenge the appropriateness of the Employee's compensation and leave
accruals from the City prior to September 1, 2007. The parties understand and agree
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that the consideration that the City agrees to undertake constitutes the City's complete
offer to resolve and settle any and all potential appeals, grievances, claims, unfair labor
practice complaints, damages, and /or disputes concerning Employee's compensation
and leave accruals prior to September 1, 2007, and that it is full, complete, and
adequate consideration for acceptance of the terms stated herein by Employee and the
Union.
4. Integration and Severability.
This written document constitutes the entire Agreement between the parties. No
changes /additions or modifications to this Agreement shall be valid or binding upon
any party unless such change or addition be in writing and executed by all parties. If
any portion of this Agreement is changed per mutual agreement or any portion is held
invalid, the remainder of the Agreement shall remain in full force and effect.
5. Voluntary and Knowing Act.
Each of the parties signing below affirms that he or she has carefully read this
Agreement; has been afforded ample and adequate opportunity to review and analyze
this entire Agreement; knows the contents thereof; has discussed it and its effects with
advisors of his or her own choosing; understands that he or she is giving up all appeals,
grievances, claims, damages, and/ or disputes related to this matter; understands its
contents and its final and binding effect; and has signed it as his or her free and
voluntary act and deed.
CITY OF YAKIMA EMPLOYEE
ii
R. A. Zais, Jr., ity Manager Becky Baker
F
Date: 8 Date: '? 0 1 c 1 r C )�) ��
UNION
7 :-'11<-41/1'17,711 CITY GONTRAC r NO:,
Yv ' e Lewis, Staff R °presentative
RESOLUTION N0: 041 /*
C uncil 2 WSCCCE, AFSCME, AFL -CIO
Date: i �' X
ATTEST:
Deborah Moore, City Clerk
Date: 76/5
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