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HomeMy WebLinkAbout10-012 - Grage Linda / Teamsters - Agreement and Release10 -012 Ap Council Approval 1104110 AGREEMENT AND RELEASE Linda Grage, (hereafter "Ms. Grage the Public, Professional Office- Clerical Employees and Drivers, Local Union No. 763, affiliated with the International Brotherhood of Teamsters (hereafter "Union and the City of Tukwila (hereafter "City enter into the following Agreement and Release (hereafter "Agreement I. RECITALS 1. Ms. Grage was formerly employed by the City of Tukwila for twenty -five (25) years and, at the time of her departure from City employment, served as the Senior Fiscal Coordinator in the City's Finance Department. 2. During her employment with the City, Ms. Grage was a member of the Public, Professional Office Clerical Employees and Drivers, Local Union No. 763, affiliated with the International Brotherhood of Teamsters. 3. In May, 2009, Ms. Grage's employment was terminated by the City. Thereafter, Ms. Grage and the Union filed a grievance challenging her termination under the terms of the Union's collective bargaining agreement, and a Complaint charging unfair labor practices with the State Public Employment Relations Commission (hereafter "PERC"). 4. A grievance arbitration hearing was commenced on December 16, 2009 and one full day of hearing was conducted. On December 17, 2009, prior to continuing with the hearing, the parties engaged in mediation with the assistance of a PERC mediator. 5. The mediation resulted in the parties reaching an agreement to resolve all issues between them, including preparation of this Agreement to memorialize the terms and conditions of their agreement. 6. By this Agreement, the parties desire to resolve any and all issues arising from Ms. Grage's employment with, or termination from, the City of Tukwila. II. AGREEMENT In consideration of the mutual covenants contained herein, the sufficiency of which is hereby acknowledged, the parties agree as follows: 1. The Memorandum from the City Finance Director to Ms. Grage, dated May 8, 2009, is hereby rescinded and shall be removed from all City files. 2. The Warning Letter from the City. Finance Director to Ms. Grage, dated March 26, 2009, is hereby rescinded and shall be removed from all City files. c -C -3 F /APPS /CIV /TUKWILA/CONTRACT /GRAGE SETTLEMENT /finalrev 41 3. Ms. Grage waives any and all claims to reinstatement as a City employee. 4. Ms. Grage and the Union will withdraw their grievance, and all pending unfair labor practice charges filed with PERC, related to her employment with the City. 5. The City will pay Ms. Grage, or her estate, heirs, survivors, assigns or representatives, the gross sum of one hundred sixty -five thousand dollars ($165,000.00) as follows: a. One third to be paid immediately following the City's first check run in February 2010; b. One third to be paid immediately following the City's first check run in January 2011; c. One third to be paid immediately following the City's first check run in January 2012. The foregoing amounts will not be subject to withholding. Ms. Grage shall assume all tax or other liabilities resulting from these payments. 6. The City will provide Ms. Grage with the City pin representing twenty -five (25) years of service with the City. 7. With respect to the matters at issue in the grievance and the unfair labor practice charge, each party agrees not to make any oral or written communication to any person or entity which disparages, or has the effect of harming the reputation of, or working to the detriment of, the other party. 8. The parties understand that this Agreement is a public document, and in the interest of maintaining a positive relationship in the future when addressing labor relations and collective bargaining issues, the parties will use their best efforts to limit public comments regarding this Agreement to the statements set forth in the Recital to this Agreement. 9. Ms. Grage acknowledges that any material breach by her of any of the terms of this Agreement shall immediately relieve and excuse the City from its obligations under this Agreement, and that the City shall have the right to seek any legal or equitable relief that may be available. 10. The parties understand and agree that this Agreement is in full compromise of disputed and potential claims and is not to be construed as an admission of liability by either party, or that any action constituted a breach of contract or violated any federal, state or local law, policy, rule or regulation. N 11. Release. a. Grage: Ms. Grage hereby promises not to sue, make any claim or initiate any action of any kind whatsoever and releases and discharges Tukwila, its agents, elected officials, assigns and employees from any and all claims, causes of action, damages, attorney's fees, costs, or consequential damages arising out of her employment relationship with Tukwila to date except that she does not release or relinquish any rights, benefits or privileges regarding social security and retirement under the Public Employment Retirement System. This Release includes all claims for direct and indirect damages, expenses, attorney's fees, and all claims in law and in equity. It is understood that this Release also includes, but is not limited to, any claims under any theory of negligence or common law torts, any deprivation of civil rights (including federal or state constitutional rights), all statutory claims, including, but not limited to, 42 U.S.C. 1983 /Title VII of the Civil Rights Act, as amended, the Age Discrimination in Employment Act, the Americans with Disabilities Act, and the Washington Law Against Discrimination, RCW 49.60. b. City: Tukwila hereby promises not to sue, make any claim, or initiate any action of any kind whatsoever and releases and discharges Ms. Grage, her heirs, successors, assigns, and attorneys from any and all claims, causes of action, damages, attorney's fees, costs, or consequential damages arising out of the employment relationship to date. This Release includes all claims for direct or indirect damages and all claims in law and in equity. It is understood that this Release also includes, but is not limited to, any claims under any theory of negligence or common law torts, breach of contract, or statutory claims. 12. No promise or inducement which is not herein expressed has been made to Ms. Grage and, in executing this Agreement, she does not rely upon any statement or representation made by Tukwila, or any of its officers, agents or employees, concerning the nature, extent or duration of said damages or losses or the legal liability thereof. 13. Interpretation and enforcement of this Agreement which is contractual shall be governed by the collective bargaining agreement between the parties. 14. Ms. Grage is competent and of lawful age. She has been informed that she has at least twenty -one (21) days to consider this Agreement but could sign it at any time within that time frame. Ms. Grage has consulted fully and freely with counsel of choice, has carefully read the foregoing provisions and knows the contents thereof; she has had the opportunity to review this Agreement with her attorney and has entered into this Agreement knowingly and intelligently without duress or coercion. She has been informed that she has seven (7) days after signing this Agreement to rescind it. 3 15. This Agreement is intended to be a full and final resolution of all matters pertaining to Ms. Grage's employment with the City, and sets forth the entire agreement between the parties. Each party has had a full and complete opportunity to review this Agreement and has been given the opportunity to have legal counsel review it. Accordingly, the parties agree that the common law principles of construing ambiguities against the drafter shall have no application to this Agreement. 16. Severability. The provisions of this Agreement shall not be construed against either party. If any of the provisions of this Agreement are held to be invalid or unenforceable, the remaining provisions will nevertheless continue to be valid and enforceable. 17. This Agreement will be submitted to the City Council at the earliest opportunity with a staff recommendation of approval. Dated and signed this 1.3 day of January, 2010. M Grage: Linda Grage w City of Tukwila: Union: Public, Profes�onal Off, e- Clerical Employees and Drivers, Local Union No. 763 By its (insert title) –jz� 9X 4