055-20 - Anthony Lang - ContractWAGE PAYMENT AND RELEASE AGREEMENT
THIS AGREEML,NT is made and entered into this r' day of June 2020, by and between
the City of Port Orchard, a Washington municipal corporation (the "City"), Teamsters Local No.
589 (the "Teamsters"), and City employee Anthony Lang ("Mr. Lang") (collectively, the
"Parties").
RECITALS
WHEREAS, Mr. Lang is currently employed by the City in the position of Operations Manager
for the Public Works Department, which position is not represented by a union; and
WHEREAS, Mr. Lang was formerly employed for a period of 32 months by the City in the
position of Foreman for the Public Works Department, which position was represented by the
Teamsters; and
WHEREAS, during the last round of collective bargaining agreement ("CBA") negotiations
between the City and. the Teamsters, the parties agreed to include in Section 8.4 ("Callback") of
the CBA the following language:--iftheemployee receives a work related telephone call at any
time other than the scheduled shift he/she shall receive ten dollars ($10.00) for such call. ...The
telephone call pay ...will not be applicable to foremen...."; and
WHEREAS, on or about July 23, 2019, Mr. Lang brought to the City's attention that he believed
this provision may not be in keeping with the Fair Labor Standards Act of 1938 ("FLSA") and/or
the Washington Minimum Wage Act ("MWA"); and
WIIEREAS, the City and the Teamsters agreed that this provision contained language that could
be interpreted as being contrary to certain requirements of the FLSA and MWA, and have since
removed this language froze the CBA via a Memorandum of Understanding between the City and
the Teamsters; and
WHEREAS, in order to ensure that Mr. Lang has been appropriately compensated under the
FLSA and MWA, the City and Teamsters agree that a payment of back wages to Mr. Lang is
appropriate; and
WHEREAS, the aforementioned CBA provision did not impact any other Teamsters employee;
and
WHEREAS, the parties have agreed to pay Mr. Lang back wages for time spent taking telephone
calls while not on his regularly scheduled shift; however, due to the method of reporting such
work, the City is unable to provide an exact calculation of wages owed to Mr. Lang; and
WHEREAS, the Parties have agreed to a method of calculating wages owed that all consider fair
and reasonable under the circumstances, and wish to document this agreement, and the rights of
the Parties related thereto.
NOW THEREFORE, Mr. Lang, the Teamsters, and the City mutually agree as follows:
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TERMS
1. The calculation of wages owed was made as follows: For wages owed for off -duty
telephone call -related work performed during the 32 month period of Mr. Lang's
employment as Foreman, the Parties have chosen four (4) months in 2018 as a
representative sample and extrapolated the results for the entire 32 month period.
2. From this calculation, the Parties have determined that $7,897.75 is owed to Mr.
Lang. The City will make this payment ("Payment") to Mr. Lang, minus
appropriate deductions therefrom as provided by law, no later than the second pay
period following the execution of this Agreement. The Parties agree that the
Payment constitutes a full and complete payment of wages owed for the off duty
telephone call -related work performed during the 32 month period in which Mr.
Lang served as a Foreman.
3. In exchange for the Payment, Mr. Lang forever releases, discharges, and agrees not
to sue the City, its past and present elected officials, officers, employees, attorneys,
agents, affiliates, assigns and successors, and any other person acting on behalf of
the City, as well as the Teamsters, their past and present officials, officers,
employees, attorneys, agents, affiliates, assigns and successors, and any other
person acting on behalf of the Teamsters, from any and all claims, whether known
or unknown, suspected or unsuspected, arising out of the circumstances addressed
in this Agreement.
4. In exchange for the Payment, the Teamsters agree not to pursue any grievances,
unfair labor practice complaints, or other proceedings arising from the
circumstances addressed in this Agreement.
5. Nothing in this Agreement shall be construed as any indication that the City, the
Teamsters, or Mr. Lang has intentionally acted wrongfully towards each other.
6. This Agreement constitutes the entire agreement between the Parties, and all Parties
acknowledge that there are no other agreements, written, oral, or otherwise that
have any affect upon this Agreement.
7. This Agreement shall be governed by and construed in accordance with the laws of
the State of Washington. In the event any suit or other proceeding is instituted to
enforce any term of this Agreement, the parties specifically understand and mutually
agree that venue shall be exclusively in Kitsap County, Washington. The prevailing
party in any such action shall be entitled to its reasonable attorneys' fees and costs of
suit, which shall be fixed by the judge hearing the case, and such fees shall be included
in the judgment.
8. Mr. Lang acknowledges that he has carefully read this Agreement, knows the contents
thereof, including the fact that this Agreement contains a release of all claims relating
to the back payment of wages for the circumstances addressed herein, that no promise
or agreement not expressed in this Agreement has been made, that this Agreement is
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made without reliance upon any statement or representation of the City or its
attorneys, representatives, or agents, that he has had the opportunity to consult his own
attorney, and that he has signed the same as his own free act.
IN WITNESS WHEREOF, this Agreement has been executed by the Parties hereto as of the dates as
set forth below.
I have read and fully understand the contents of the foregoing Agreement, and I accept and
agree to the provisions it contains and hereby execute it voluntarily, free of any duress, and with full
understanding of its consequences.
DATED: June ,� , 2020.
DATED: June -q, 2020.
//� ;Ir - z �--
Anthony Lang, Employee
p
Robert Driskell, Teamsters Local No. 589
Business Representative
DATED: June, 2020..
Robert Putaansuu, MhYor
City of Port Orchard
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