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HomeMy WebLinkAbout4913Contract Number: Vendor: Subject: Department: File Class: Begin Date: End Date: Review Date: Vault Date: 4 913 THOMAS MARSH/TEAMSTERS LOCAL 589 Settlement Agreement Human Resources LEG 12 05/17/2010 12/31/2010 12/O1/2010 Comments : m SETTY�EMENT AGREEMEN'T This AGREEMENT is executed by and between the CITY OF BREMERTON, WASHINGTON, hereinafter referred to as the "City", and THOMAS MARSH, hereinafter referred to as "Thomas", for himself and his executors, administrators, heirs, assigns, an�personal representatives, and TEAMS'TERS I,OCAL # 589, the "Union" on this 1�� day of May, 2010. W�IEREAS, Thomas is currently employed by the City of Bremerton; and WI-��REAS, there is a pending dispute between the City, Thomas and the Union regarding Thomas's failure to obtain the ASE certifications and CDL license required to perform his current duties and the City's responsibilities in relation to Thomas; and WHEREAS; the parties desire to resolve the pending dispute, to avoid the time and expense associated with proceedings before the Appeals Board, or court in connection with possible lawsuits regarding said dispute and to effect a final settlement of any and all claims which have been or could be asserted by Thomas, or any other person acting on his behalf arising from or relating to his employment with the City. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows: A. Thomas will be given until December 31, 2010 to obtain the required ASE certifications and CDL license as outlined in the attached job description for Automotive Technician Assistant position in which he is employed. Thomas's failure to obtain the required certifications and CDL license on or before December 31, 2010 will result in Thomas's separation from City employment. B. The City's obligations under this section shall cease if any of the following occur: 1. Thomas is separated from employment with the City for any reason unrelated to his inability to obtain the required certifications/CDL license. 2. Lay-offs occur in which Thomas gets bumped by an employee with greater seniority. � In consideration of the City's promises as set forth in this Agreement, Thomas and the Union hereby agree, with respect to the matters set forth in this Agreement: A. To fully and completely release and forever hold harmless the City, and each of its officers, employees, and agents, from any and all claims, including but -1- not limited to any claim of breach of the Collective Bargaining Agreement between the Union and the City, or any other contract; any claim based on tort; claims of wrongful or retaliatory discharge or disciplinary action under federal or state law, including but not limited to any claims arising under Title VII of the Civil Rights Act of 1964, as amended, 29 U.S.C. § 2000e et seq., the Rehabilitation Act of 1973, 29 U.S.C. § 749 et sey., the Americans With Disabilities Act, 42 U.S.C. § 12101 et seq., the Equal Pay Act of 1963, 29 U.S.C. § 201 et seq., the Family and Medical Leave Act of 1993, 29 U.S.C. § 2601 et seq., or the Fair Labor Standards Act of 1938, as amended, 29 U.S.C. § 201 et seq.; claims arising under 42 U.S.C. §§1981, 1983, 1985(3), 1986, and 1988; or any claims arising under any other provisions of the Constitution or laws of the United States or the State of Washington, or of any ordinance of the City, whether or not consistent with or similar to those listed above; or any claim under common law; which have been or could have been asserted by Thomas, or any other person on his behalf in any form or forum arising from or relating f t,9 this agreement; and from any liability for any act prior to the May, � 2010 execution of this Agreement, whether now known or unknown. B. Not to file any grievance or request for hearing under the Appeal Process of outlined in the labor agreement, or any appeal or claim before any State Personnel Board of Review, the Washington Public Employment Relations Commission, the Washington Civil Rights Commission, the Equal Employment Opportunity Commission, or any other appeal or claim before any board, agency, or court, whether federal, state, county, or municipal in nature, regarding any matters set forth in or related to this Agreement; and C. To waive any claim for or right to recover attorney's fees incurred in securing this Agreement or in connection with any charge or matter relating to the Agreement. D. Thomas hereby requests that the Union sign this Settlement Agreement, and instructs the Union not to file a grievance or any other claim or appeal of any kind on his behal£ In consideration of the Union's compliance with this request and instruction, Thomas hereby completely and forever releases the Union, its officers, employees, and members, from any and all claims of any kind, known or unknown, including but not limited to those arising out of or relating in any way to Thomas's employment at the City of Bremerton, the collective bargaining agreement, and the negotiation and execution of this Settlement Agreement. Thomas agrees that this release is general and covers all of the claims and causes of action against the Union from which he likewise released the City, above, but is not limited to those claims and causes of action. -2- E. This Agreement is non-precedent-setting due to the unique nature of the circumstances surrounding Thomas and the Union, and shall not be deemed to bind any party to take similar action in any subsequent matter, whether or not involving Thomas or the Union. Further, the parties agree that this Agreement shall not be admissible in any subsequent proceeding, grievance or arbitration hearing involving another employee other than Thomas, except by mutual agreement of the parties. F. Nothing in this Agreement shall prevent the City or Thomas or the Union from bringing suit or pursuing other legal or equitable remedies to enforce the terms of this Agreement. G. This Agreement represents the complete and exclusive agreement between the parties in settlement of all matters, claims, and disputes between them arising from or relating to the matters set forth herein, and supersedes all prior written or oral agreements, offers, discussions, or understandings of any kind whatever. This Agreement may only be amended in writing, signed by the parties. H. This Agreement shall be interpreted and enforced under the laws of the State of Washington. I. Thomas and the Union acknowledge that they have had full opportunity to consult with a representative of their choice, Union and/or legal, before executing this Agreement, and that they are not relying on any representations of the City, other than as specifically stated herein. J. If any provision of this Agreement is held to be illegal, invalid or unenforceable under present or future laws, such provision shall be fully severable and this Agreement shall be construed and enforced as if such provision had never comprised a part of this Agreement, and the remaining provisions of this Agreement shall remain in full force and effect, and shall not be affected by the illegal, invalid or unenforceable provision or by its severance from this Agreement. K. THOMAS AND THE UNION, BY SIGNING THIS AGREEMENT, CERTIFY THAT (A) THEY ENTER THIS AGREEIVIENT AND ACCEPT THE TERMS VOLUNTARILY, WITHOUT DURESS (B) TI�EY HAVE HAD TH� OPPORTUNITY TO REVIEW THIS AGREEMENT WITI� THE UNION AND/OR LEGAL REPRESENTATIVES, AND (C) THEY HAVE FiJLL KNOWLEDGE -3- AND UNDERSTANDING OF THE TERMS AND CONSEQUENCES OF THIS AGREEMENT. CITY OF BREMERTON, WASHINGTON O ������ Patty Lent Mayor EMPLOY�E AND TgIE UNION Th as N�arsh, Employee John Witte Secretary/Treasurer Teamsters Local #589 AS TO F . �^�- oger Lub ich City Attorney -4-