TGO TEAM MEMBER HANDBOOK

EFFECTIVE OCTOBER 1, 2015 – UPDATED MARCH 29, 2022

I. OUR COMMITMENT TO YOU

The Tulalip Gaming Operation (TGO) is fully committed to its most important resource, its Team Members. As a result, the Tulalip Gaming Operation is dedicated to:

Because of our strong commitment to you, we firmly believe that Supervisors can serve as our Team Members’ best “representative” in dealing with Team Member matters or department problems. As in all companies, problems may arise which will affect some Team Members from time to time. However, we believe that the most effective way to resolve these problems is through direct open discussion.

The TGO has an open door policy for you to have open access to all levels of your Management and Executive Management. Executive Management or Human Resources may also conduct periodic communication sessions or surveys to encourage interactive communication with Team Members. However, you are all expected to follow the line of communication, and policies and procedures outlined in this manual. Executive Management will refer you through the proper process to handle specific issues as necessary.

II. YOUR COMMITMENT TO US – THE SIX COMMITMENTS

The Six Commitments

Live the Commitments

III. INTRODUCTION

This Team Member Handbook is provided for your use as a reference and summary of some general information, Human Resources policies, work rules and benefits applicable to you as a Team Member of the TGO. It is designed to acquaint you with TGO policies as quickly as possible.

The policies described in this Handbook apply to all Tulalip Gaming Operation (TGO) properties of the Tulalip Gaming Operation, including Tulalip Resort Casino, Quil Ceda Creek Casino, and Tulalip Bingo & Slots. This Handbook, however, does not cover everything and cannot anticipate every situation, nor can it answer every question about your employment. To retain necessary flexibility in the administration of policies and procedures, the President/COO reserves the right to amend, supplement, or rescind any provision of this Handbook, as deemed appropriate. The TGO will advise you of changes, additions or deletions in policies and procedures covered in this Handbook. When updates are circulated, you should add them to your original copy. Should any provision in this Handbook be found to be unenforceable and/or invalid, such finding does not invalidate the entire Handbook, but only the subject provision. Nothing in this Handbook, or in any revision or supplement, shall constitute or be considered a contract of employment or guarantee of individual employment for any length or period of time.

When a question is raised regarding the meaning or application of any employment rule(s) or any other policy in the TGO, or any procedure(s) in this Handbook, management may discuss it with the Team Member. However, Management of the TGO, under the direction of the Board of Directors, retains the right at all times to make the final determination as to its meaning or application. Any violations of the policies, procedures or rules of conduct outlined in this Handbook, or which exist in specific departments, are subject to counseling and corrective action at the discretion of Management up to, and including dismissal.

Unless otherwise specified in writing, your employment and compensation can be terminated at any time, with cause, subject to your right to appeal as set forth in these policies. Therefore, the Human Resources Policies and Procedures as set forth in this Handbook prescribe the terms, conditions, and standards of Human Resource operations for the TGO. You are expected to acquaint yourself fully with the content of this manual and to establish an employment relationship based on a complete understanding of TGO personnel requirements, expectations, and methods of conducting personnel matters that affect your work. You are encouraged to offer suggestions for improvements to these policies, employment practices, or working conditions.

Please feel free to contact the Human Resources Department if you have questions or concerns regarding Human Resources issues. They may assist you in areas such as: Team Member performance issues, corrective action matters, problem resolution, mediation, appeals, interpreting, advising, and implementing Human Resources Policy and Procedures, attendance, Team Member Assistance Program referrals and assistance, and QML.

Please take time to review all of the information presented to you in this Handbook and sign the Team Member Handbook Acknowledgment. A copy of this acknowledgment will be kept in your personnel file.

IV. AUTHORITY AND RESPONSIBILITY

A. SOVEREIGN IMMUNITY

Nothing in this policy waives the sovereign immunity of the Tulalip Tribes, the TGO, any Team Member, agent, attorney, or Board Member from suit or the imposition of any judgment. Provided, that to the extent any separate Tribal Law has, or may in the future waive the sovereign immunity of the Tribes or any of its Team Members, agents, or attorneys, nothing in this section shall modify or limit any waiver in such separate Tribal Law.

B. LINE OF COMMUNICATION

The line of communication should always be followed, when dealing with challenges and concerns relating to Team Members and Supervisors. If you have a concern, it should be directed to your immediate supervisor, or if you cannot speak to your immediate supervisor, you can bring it to the next level of supervision, up to the President/COO. If you have a concern with a non-supervisor Team Member, that should be first directed to the Team Member’s immediate supervisor.

Failure to follow the line of communication shall be considered an infraction under this policy. Please check with Human Resources or your Department Supervisor for the actual line of communication in your department.

C. APPLICABILITY

All Team Members are subject to the provisions in this policy, with the exceptions of independent contractors and consultants, unless included in the contract.

Nothing in this policy shall be construed to limit the power and authority of the Tulalip Board of Directors to take actions with regard to the structure of the workforce.

D. HANDBOOK REVISIONS

Every September 1, the President/COO will submit proposed revisions or additions to this Handbook. The proposal shall include a review and recommendations from the Office of the Reservation Attorney. All proposed changes will be submitted to the Board of Directors for final approval.

V. EMPLOYMENT

A. EMPLOYMENT CLASSIFICATION

REGULAR FULL-TIME: A regular full-time Team Member is one who has successfully completed his or her probationary period, works a predetermined schedule, thirty (30) or more hours per week, and maintains continuous regular employment status. All regular full-time Team Members are eligible to receive all Team Member benefits provided by the TGO, including paid holidays and personal leave.

REGULAR PART-TIME: A regular part-time Team Member is one who has successfully completed his or her probationary period, consistently works less than 30 hours per week (but in no event less than twenty (20) hours), and who maintains continuous regular employment status. Part-time Team Members are eligible for limited types of benefits, dependent on the number of hours worked. For more information regarding benefits eligibility, please see the Benefits Administrator.

CONTRACT TEAM MEMBER: A Team Member under a written contract of employment. Such contracted Team Members shall not receive any of the benefits granted to or received by the Team Members of the organization unless specifically provided for in their written contract. The appeal provisions in this Handbook do not apply to Contract Team Members.

CONSULTANT: An at-will consultant who does not meet the criteria defined above, as regular full-time or part-time. Such individuals shall not be eligible for the benefits described in this policy.

TEMPORARY: A temporary Team Member is one who is hired into a temporary position of specified limited duration, usually not more than six (6) months. Temporary Team Members may be dismissed at any time for cause, or if their employment is no longer needed. Temporary Team Members are not eligible for benefits and do not have recourse to the appeal process. A temporary Team Member shall not become a regular Team Member by being employed in the temporary position for longer than six months, unless approved by the President/COO.

EXEMPT: Exempt Team Members are exempt from overtime provisions. These Team Members do not receive overtime pay and are paid on a salary basis.

NON-EXEMPT: Non-exempt Team Members are paid overtime wages. The employer is required to pay time and a half the Team Member’s regular rate of pay when the Team Member works more than 40 hours in a given workweek.

ON-CALL: A Team Member who is temporarily employed on an hourly basis. On-call Team Members generally are not scheduled to work; however may be scheduled as business necessitates, and may be called to work as often as needed. On-call Team Members may be dismissed at any time for cause, if the Team Member is repeatedly unavailable to work as needed, or if their employment is no longer needed. On-call Team Members are not eligible for Team Member benefits and the appeal provisions in this Handbook do not apply. On-call Team Members must comply with all provisions of the TGO Policy Manual and Attendance Policy.

INTERN/EXTERN: An Intern/Extern is a Team Member who has been hired into a temporary training position for a specified limited duration. The Internship/Externship provides training opportunities in specific areas of the TGO. Team Members who were currently employed with the TGO/Tulalip Tribes, immediately prior to receiving this position are called Interns. Team Members who were hired into the position, who were not currently employed with the TGO/Tulalip Tribes are called Externs. When the training period is completed, Externs will be separated from their position with the TGO. Interns will return to the position held prior to being placed in the Intern position.

B. PROBATIONARY STATUS

Newly hired Team Members to a regular full-time or regular part-time position are required to successfully complete a probationary period of ninety (90) calendar days. The probationary period will begin with your first scheduled day of work. Current regular Team Members accepting a new position will be required to successfully complete a probationary period of sixty (60) calendar days, beginning with the Team Member’s first scheduled day of work in the new position. Probationary period Team Members will not be considered for job vacancies with the TGO.

During the probationary period, the Department Supervisor/Manager should conduct a mid-probationary period performance evaluation. This is to encourage communication between Supervisors/Managers and new Team Members regarding evaluation of job performance and expectations. These evaluations should communicate areas of improvement, if performance does not meet expectations.

Before the end of the sixty (60) or ninety (90) day probationary period, the immediate Supervisor is required to submit to the Department Manager and Executive the final probationary appraisal form for review of Team Member performance and recommendations for appropriate action. The Supervisor may recommend one of the following actions: (1) Appointment to regular status; (2) Transfer; (3) Demotion; (4) Dismissal; or (5) One-time extension of the probationary period, up to sixty (60) calendar days.

If your Supervisor fails to submit the recommendation within the probationary period, the Team Member will be automatically placed in the full or part-time position into which the Team Member was hired as a regular Team Member.

If the Supervisor recommends an extension, the Supervisor may conduct an evaluation at the end of the extension, and recommend either 1) Appointment to regular status; 2) Transfer; 3) Demotion; or 4) Dismissal.

During the probationary period, or its extension, the Team Member may be dismissed for cause, for violation(s) of this TGO Team Member Handbook or unsatisfactory job performance, at any time, without a preliminary evaluation. If it becomes apparent that an individual in probationary status does not meet the requirements of the position, or cannot meet the expectations of the position, or is otherwise unsuitable for employment in the position, the Team Member may be dismissed with no right to the appeal process.

Probationary Team Members earn personal leave from the date they start working, but are not eligible to use it until they have completed the probationary period, with the exception of using personal leave for personal illness or emergency as outlined in section VII.B. of this policy.

If a Team Member takes an approved leave of absence during the probationary period, the end date of probation will be extended equivalent to the length of the absence.

C. EXEMPT TEAM MEMBERS

Exempt Team Members are required to work during business hours or hours they are assigned and adhere to the leave policies and procedures outlined in this Handbook. Exempt Team Members are expected to be flexible and available as business needs require, which may require working extended hours above and beyond a regular work day, working evenings, weekends, and holidays, not regularly assigned.

When an Exempt Team Member has worked substantial hours in excess of their regularly assigned hours, the supervisor may authorize a flexible schedule on alternate days.

Exempt Team Members who do not obtain prior approval from their supervisor for time off during regular hours, or who fail to comply with applicable leave procedures in this TGO Team Member Handbook, are subject to corrective action.

D. TRANSFERS

When in the best interest of the TGO, the President/COO may authorize the transfer of a Team Member from one position within the TGO to another position within the TGO. This may include a change in a Team Member’s status, i.e., from on-call to regular, and/or to a position of equal or lesser responsibilities.

The decision to transfer a Team Member may be based upon job performance, including but not limited to, performance evaluations, attendance records, history of corrective action(s), and completion of training programs. Team Members transferred must meet all job qualifications, as stated in the current job description, for the position they are being transferred to. Tribal Preference will also apply, when applicable, i.e. if there are Team Members competing for a position.

All Team Members transferred are required to successfully complete a probationary period as defined in this policy manual in order to assess their suitability for the position. Team Members placed into regular status from an on-call status will be required to complete a ninety (90) day probationary period.

If the Department Manager(s) and President/COO agree (prior to the end of the probationary period) that a transferred Team Member is not suitable in the new position, the Team Member may be transferred 1) back to the position they previously held, if the position is available; or 2) transferred into an alternate available position; or 3) if no position is available, the transferred Team Member may be dismissed from employment.

A transferred Team Member will be paid at a rate of pay in the pay range for the new position.

E. PROMOTION POLICY

The purpose of this promotion policy is to provide greater opportunities for promotion from within and to improve the upward mobility potential for qualified TGO Team Members. The following procedures provide for the filling of regular position openings, and have been developed to encourage and support career advancement of TGO Team Members. Selection shall be based upon job-related factors which shall include, but are not limited to, relevant work experience and performance history, applicable education and/or training, and required skills, knowledge and abilities.

1. INTERNAL PROMOTION FROM WITHIN

All promotional vacancies shall be posted internally, within a department or organization wide, to give current Team Members advancement opportunities. This does not include newly created positions, which will be advertised through the Hiring Department. A Team Member must meet the job description requirements to be considered for the position. Only current TGO Team Members are eligible for consideration. The Department in co-operation with Human Resources will verify that the candidate(s) meet(s) the qualifications for the position. Final selection must be approved by the President/COO.

2. EVALUATION CRITERIA AND SELECTION

The following factors will be considered when evaluating a Team Member for promotion.

Additionally, the current approved Tribal and Indian Preference Policy will apply to all promotion opportunities.

All Team Members offered a position under this policy will be required to successfully complete a probationary period as defined in this Handbook to assess their suitability for the position. If the Department Manager/Executive(s) and President/COO agree, prior to the end of the probationary period, that a promoted Team Member is not suitable in the new position, the Team Member may be transferred 1) back to the position they previously held, if available; or 2) transferred into an alternate available position; or 3) if no position is available, the Team Member may be dismissed from employment.

A promoted Team Member shall be paid the hiring rate for that position, or a rate of pay in the new pay range which is higher than they are presently earning.

F. REORGANIZATION

When in the best interest of the TGO, the President/COO may approve the reorganization of a department. A reorganization plan must be submitted in writing by the Department Executive, to the President/COO and Human Resources, justifying suggested changes that will occur in the reorganization. Back up documentation must include organizational charts, job descriptions, performance evaluations, and attendance records, to support the changes. If the plan is approved, the status changes will be signed by the Department Executive and the President/COO, then given to the Team Member for their signature, along with a copy of the new job description. Tribal Preference will apply.

G. DETAIL

The TGO may temporarily detail a Team Member to a different department/position to meet the needs of the organization. Team Members may be detailed to assist a department in meeting staffing requirements, to temporarily fill a job vacancy, to provide special skills and/or to provide specialized training, or to provide training opportunity for advancement. Team Members on detail will retain all rights and benefits accrued under their original position. A detail must be approved by the appropriate Department Executive and President/COO. Team Members who are detailed to a higher paying position shall be paid at the higher rate of pay for the duration of the detail, beginning with the first day of the detail.

Team Members detailed for a period of 6 months or longer may be placed into the detailed position as a regular full-time Team Member, as long as the Team Member demonstrates the experience or skill level to successfully hold the position. The Team Member may be required to sign an agreement to complete a Training Development Plan outlined by the Training Department. Tribal Preference will apply to all detail opportunities. Eligibility criteria used in considering dual rates shall apply in details, including employment and attendance history.

H. DUAL RATE

When necessary, the TGO may dual rate a current Team Member to fill another position on a temporary basis. This may occur when regulatory requirements provide for minimum staffing on a shift, or when a vacant position must be filled immediately. Dual rate is a temporary change in a Team Member’s status, and the Team Member’s primary position shall be the position the Team Member was originally hired into prior to the dual rate status.

A Team Member dual rated into another position shall be paid for that position in accordance with the following criteria:

A non-supervisor/management level Team Member dual rated in another non-supervisor/management level position shall be paid the hiring rate for that position.

A non-supervisor/management level Team Member dual rated into a supervisor level position shall be paid the first step of the pay range for that new position, in recognition of added authority and responsibility, and for assisting in the maintenance of department operations.

Tribal Preference will apply to all dual rate opportunities. Employment and attendance history will also be considered, as defined by the TGO’s Dual Rate Criteria (for more information please discuss with your Supervisor or Human Resources).

Supervisory and Management Level Team Member

Supervisor and Management Level Team Members are expected to incur some extra responsibilities as a regular part of their duties, to maintain business operations in the absence of their next level management. In the event that it becomes necessary to dual rate a supervisor or manager into a higher level position, for a period of one week or longer, the supervisor/manager shall be paid the first step of the pay range for that position, in recognition of added duties, authority, and responsibility.

I. REHIRE POLICY – CONDITIONAL REHIRE AGREEMENT

The TGO may offer employment to a former Team Member who has been dismissed for cause, or who has an unfavorable employment history with the TGO, if a review of the circumstances indicates that rehire does not present a threat to the Team Members, assets, and/or customers of the TGO. The former Team Member may be rehired by the TGO, subject to agreement by the appropriate Department Manager/Executive and President/COO, with the stipulation that the Team Member agrees to work under the terms outlined in a Conditional Rehire Agreement. Typically, a Team Member requiring a Conditional Rehire Agreement for attendance related history will be placed on a ninety (90) day Conditional Rehire Agreement. Any other reasons, whether conduct or performance related, may be placed on a 180-day Conditional Rehire Agreement. The terms of the Conditional Rehire Agreement shall be specific to each individual.

The Agreement shall outline the following information:

1) Reason for the previous Team Member’s unsatisfactory work history;

2) Terms of the agreement (i.e. attendance requirements, call-in requirements, performance expectations, conduct expectations, training requirements, etc.);

3) Duration of the agreement (90 or 180 days). This timeline begins on the Team Member’s first day of work.

If a Team Member is dismissed from employment, after signing a Conditional Rehire Agreement, the Team Member shall not be considered for employment with the TGO for at least a six (6) month period after dismissal. A Team Member who resigns from their position while on a Conditional will not be considered for employment for a three (3) month period.

A former Team Member who has been dismissed for serious infractions of the TGO Team Member Handbook may be denied rehire consideration. The following violations are examples of violations that may cause a former Team Member to be denied employment consideration:

•    Accepting payment after falsification of a Team Member’s timesheet;

•    Accepting regular payment while on leave, after intentionally falsifying leave slips or intentionally failing to abide by leave policies within this Chapter.

The following violations are violations that will cause a former Team Member to be denied employment consideration:

J. ANNIVERSARY DATE

The anniversary date of hire for all new Team Members shall be their hire date of employment with the TGO, which is generally the date the Team Member is licensed/certified or permitted with the Tribal Gaming Agency.

If a Team Member from the Tulalip Tribes, or any entity, organized, established, or chartered by the Tulalip Tribes, accepts a position with the TGO, their anniversary date shall remain their initial date of hire with the Tribes, provided the Team Member is continuously employed with the Tulalip Tribes. Any break in continuous employment, not including authorized leaves, shall nullify any right under this subsection. A Team Member who transfers from another Tulalip Tribal entity shall also have the right to carry over their leave benefits, accrued with the other Tribal Entity, to the TGO.

Team Members released from work through no fault of their own (i.e. layoff, job abolishment) and recalled to work for the TGO within one-hundred eighty (180) days of release, shall retain the anniversary date of hire held prior to the release.

Current Team Members who are elected to the Tulalip Tribes Board of Directors will be considered on a Leave of Absence during their term(s). Once their term(s) are complete, they will retain their original hire date, as long as they are rehired within Tulalip within one-hundred and eighty (180) calendar days.

K. GAMING LICENSE AND PERMIT

All Team Members are required to obtain either a gaming license or permit to work at the TGO.

A licensed Team Member who is unable to maintain a valid and current gaming license due to 1) denial of license renewal; 2) license revocation; or 3) failure to renew license; will be dismissed from employment.

If the TGO receives information from the Tribal Gaming Agency that a permitted Team Member no longer meets eligibility requirements for a permitted Team Member, the Team Member will be dismissed.

The TGO may withdraw an offer of employment to a permitted Team Member based on confirmed information discovered during the permitting process.

L. ORIENTATION PROGRAM

All Team Members are required to attend New Team Member Orientation either on-line or in person, with the exception of Team Members who were previously separated from employment within the previous 12 month period.

M. PERSONNEL FILES

Personnel files will be maintained on each Team Member. We believe that your entire work record is important. For this reason, documents that become part of your file at any time during your employment with us will be reviewed and considered when an evaluation of your work performance is made.

Congratulatory letters, attendance records, awards, corrective action, training certificates etc., will remain in your personnel file and will be considered at the time of promotion, transfer, or if corrective action is being taken.

To ensure that your personnel file is up-to-date at all times, it is your responsibility to notify the Human Resources Department of any changes in your name, telephone number, home address, marital status, number of dependents, beneficiary designations, scholastic achievements, individuals to notify in case of an emergency, etc.

If you are interested in reviewing your file, contact the Human Resources Department. If you need copies of documents contained in your personnel file, please see the Human Resources Department to complete the proper request form specifying which documents you need. It may take up to two (2) business days to fulfill your request.

N. VERIFICATION OF EMPLOYMENT REQUESTS - PROTECTING YOUR PRIVACY

The TGO maintains confidentiality of Team Members’ records and personal information. If you want information about your employment to be supplied to a loan company, financial institution, or other agency, you must provide written authorization for the Human Resources Department to do so.

Additionally, all inquiries concerning past or present TGO Team Members must be directed to the Human Resources Department. At no time is it acceptable for other TGO Team Members to disclose employment information.

VI. COMPENSATION POLICIES

A. TEAM MEMBER WORK HOURS

The workday for regular full-time Team Members is normally 8 hours or 10 hours (a normal work week is 40 hours). Various factors such as workload, operational efficiency, and staffing needs may require variations in your starting or quitting times and total hours worked each day. TGO reserves the right to assign Team Members to jobs other than their usual assignments, when needed. The TGO may require Team Members to work overtime hours as business necessitates.

B. RECORDING WORK HOURS

You are required to clock in and out immediately prior to the beginning of your shift and immediately after your scheduled shift. You are not required to clock in or out for lunch break periods, unless otherwise directed by your Supervisor or Department Manager. You may not clock in or out seven or more minutes before or after your scheduled shift unless overtime work has been authorized by your Department Supervisor or Manager.

Your Department Supervisor or Manager will provide you with further details on proper procedures for clocking in and out.

You are not permitted to clock in or out for other Team Members and will be subject to corrective action if you do so. Falsification of time records or improper recordings of working time are grounds for dismissal.

1. EMERGENCY CALLS

Any non-exempt Team Member called into work in an emergency will be paid for a minimum of 4 hours work, subject to approval of the Supervisor and President/COO.

2. REST AND MEAL PERIODS

Non-exempt Team Members who work at least five hours within a workday are allowed a paid meal period of at least thirty (30) minutes. Team Members who work more than ten (10) hours in a work day are entitled to an additional paid thirty (30) minute meal period. Meal periods should be scheduled as close to mid-shift as possible. Meal periods may not be used to shorten the work day or saved for use as time off at a later date. Team Members shall receive a paid fifteen (15) minute rest period for each four (4) hour work period.

Team Members are not permitted to leave the premises during working hours without advanced authorization from the Supervisor.

3. PRIVACY ROOM AND BREAK PERIODS FOR NURSING MOTHERS

As part of TGO’s policies and benefits, we support mothers who wish to express breast milk during their work day when separated from her child. For up to one year after the child’s birth, a Team Member who is breastfeeding her child will be provided reasonable break times to express breast milk for her child. Breastfeeding mothers using the Privacy Room will be allowed one additional fifteen (15) minute break period during an 8-hour shift. This provides a total of three (3) paid fifteen (15) minute break periods and one (1) paid thirty (30) minute lunch period during an eight (8) hour shift. These may be used for eating or expressing milk as needed. If additional breaks are necessary for expression, they will be unpaid, and require scheduling with the Supervisor. Please see the Human Resources Department for more information on use of the Privacy Room and additional policy information.

C. REGULAR PAY PROCEDURES

Team Members will be paid on a biweekly basis. If the payday falls on a holiday, the TGO may pay on the working day preceding the normal payday, at the discretion of the President/COO.

Corrections to your paycheck should be brought to the attention of your Supervisor or Department Manager within 30 days of issuance of the paycheck. Corrections will be made on the next issued payroll.

D. OVERTIME

To meet business schedules and needs, it may be necessary for you to work overtime. Any overtime must be approved in advance by your Supervisor. Any Team Member working unapproved overtime may be subject to corrective action, up to and including dismissal.

Non-exempt Team Members will be paid overtime at one and one-half times their regular hourly rate for hours worked in excess of forty (40) in a workweek. You should check with the Human Resources Department for more specific information. Paid personal leave, paid holiday, and other paid or unpaid absences from work are not considered time worked for overtime computation purposes.

If you are a Team Member performing work in two or more positions with more than one hourly rate of pay, your overtime pay will be calculated at the pay for the job that placed you into overtime hours, or jobs where overtime hours were worked.

E. SHIFT DIFFERENTIAL PAY

Eligible non-exempt Team Members who are normally scheduled to work evening or night shifts shall be paid shift differential pay in addition to the regular base pay established for that Team Member as outlined below. Shift differential pay shall be paid only for time actually worked, and shall not be included in personal leave, holiday, or other paid leave offered by the TGO.

Criteria for Shift Differential Pay
Shift 1	Day Shift	8:00 a.m. to 4:00 p.m.
Shift 2	Swing Shift	4:00 p.m. to 12:00 a.m.
Shift 3	Graveyard Shift	12:00 a.m. to 8:00 a.m.

Team Members scheduled to work between the hours of 8:00 a.m. and 4:00 p.m. shall be paid their established base pay for all hours worked during that shift (shift 1).

Team Members scheduled to work between the hours of 4:00 p.m. and 12:00 a.m. shall be paid $.25 per hour in addition to their base pay, for all hours worked during that shift (shift 2).

Team Members scheduled to work between the hours of 12:00 a.m. and 8:00 a.m. shall be paid $.50 per hour in addition to their base pay, for all hours worked during that shift (shift 3).

In the event that your schedule requires you to work hours on more than one shift, you will be compensated for hours worked as outlined above for the hours worked in each shift category.

Shift Differential Pay for Overtime Work

Overtime pay will be calculated based on time actually worked in excess of 40 hours per week and shall be calculated including the overtime shift differential pay.

F. TIP COMPLIANCE

The TGO has entered into a tip compliance agreement with the IRS. Team Members who are hired into classifications that are subject to the agreement will be advised of their tip reporting obligations.

G. PAYROLL DEDUCTION

Certain deductions required by law will be made from your wages. These include federal income taxes, social security taxes (FICA) and other applicable state or federal taxes. Other deductions may be made from your pay, such as, but not limited to: garnishments, charges, etc.

Upon termination of employment, deductions may be taken for outstanding advances, TGO property not returned by you, and other legally permissible deductions.

H. TEAM MEMBERS WITH FINANCIAL OBLIGATIONS TO THE TRIBES.

Team Members having delinquent financial obligations to the Tribes shall have 15% of their gross earnings per pay period deducted until their debt to the Tribes is paid in full.

Team Members who have NSF checks with the TGO shall have the entire amount deducted from their next regular paycheck, along with loss of check cashing privileges.

I. SALARY ADVANCES

Salary advances will be allowed only under extenuating circumstances. Only two advances per calendar year period shall be granted.

J. PAY SYSTEM

The pay system may provide for:

1) Adaptation to meet changing economic and employment conditions.

2) Pay rates that compare favorably with competing employers.

A new Team Member will be paid at the first step of the pay scale, or at the step authorized by the Department Executive/Manager with final approval of the President/COO. The President/COO will be the approving officer for all pay increases.

The Board of Directors may, if funds are present, authorize cost of living adjustments.

Salary ranges shall be established in order to provide a basis for recognizing individual differences among positions, with the following guidelines:

1) No Team Member shall be paid less than the Federal Minimum Wage.

2) Salary increases may be given to ensure current wages are equitable and competitive within our market.

K. PAY INCREASES

1. ANNUAL REVIEW

Pay structures for all positions are reviewed annually, to ensure current wages are equitable and competitive within our market. Adjustments will be made accordingly based on information obtained from local market surveys, with the approval of the Board of Directors and within budgetary constraints.

2. COST OF LIVING RAISES

The Board of Directors may, if funds are present, authorize cost of living adjustments.

3. RECLASSIFICATION

If your duty assignments have changed as to kind and level of work, you or your Supervisor may initiate a request for change in position title, and/or pay class level. This should be submitted in writing to the Department Manager/Executive. The request should outline the reasons why you and/or your Supervisor feel the change is needed. All requests must be routed through your Supervisor, and Department Manager/Executive, who will provide input to the request. All recommended changes will be forwarded to the President/COO. If the President/COO determines that the position has changed sufficiently to warrant a change in position title, and/or pay class level, the President/COO may approve the revision. Budget limitations will also be considered. A job description and status change must be included showing the recommended changes in the position title, duties, and/or pay, and approved/required signatures.

L. PAYCHECKS

Paychecks are issued by direct deposit to Team Member bank account or check card. If you have questions or wish to make changes, please contact Payroll.

The final paycheck for a Team Member separating from employment will be issued by direct deposit on the next regularly scheduled payday. The final paycheck will include all accrued personal leave, minus any deductions for costs owed to the TGO and/or Tribes. Newly hired Team Members who are in their probationary period, who are separated from employment, will not receive payment for accrued personal leave hours. You are required to return all TGO property in your possession prior to receiving your final paycheck.

Team Members who do not have direct deposit set up, can pick up their final paychecks at the Reception Desk. Checks will remain there for two weeks, and if not picked in that time frame, will then be mailed to the address of record.

VII. TEAM MEMBER BENEFITS

A. GENERAL LEAVE POLICY

Each hour of leave, whether paid or unpaid, must be authorized in advance, in writing (or approved electronically), by the appropriate Supervisor or authorizing agent in order to be considered legitimate. The TGO reserves the right to request acceptable documentation verifying eligibility or need for leave, at any time, whether leave is paid or unpaid. If the Team Member does not supply the requested documentation to the Supervisor within 3 business days of the request, the leave may be denied and the absence(s) considered unexcused.

B. PERSONAL LEAVE

1. GENERAL

The TGO has adopted a paid personal leave program for regular Team Members, which incorporates such forms of leave as vacation, sickness, and personal emergency; to allow eligible Team Members greater flexibility in the use and application of paid absence from work while maintaining necessary and appropriate operation levels.

Therefore, use of personal leave will be subject to advance approval of your Supervisor/Manager, except for personal illness or emergency in which case your need to use personal leave for this purpose must be communicated to your Supervisor. However, nothing in this section is to be construed as limiting supervisory personnel from requiring reasonable proof of personal illness or emergency in instances where management has cause to believe the use of personal leave should have been subject to advance approval. In such cases, your Supervisor may require you to provide sufficient proof of a bona fide personal illness or emergency, or other reason you could not have acquired advance approval. In the absence of sufficient proof, your Supervisor will charge you with an unexcused absence, and you will be subject to corrective action.

Personal leave is calculated based on the date you were hired into a regular full-time or part-time position. You will be eligible to use personal leave after you have completed your probationary period. Personal leave will only be granted as it is earned. Advances on personal leave will not be allowed. Team Members will accrue personal leave according to the following schedule (full-time Team Members working less than forty (40) hours per week, and part-time Team Members will accrue personal leave on a prorated basis):

During first year of employment	accrue 2 weeks
Start of year 2 – end of year 3	accrue 3 weeks
Start of year 4 - end of year 7	accrue 4 weeks
Start of year 8 - end of year 11	accrue 5 weeks
Start of year 12	accrue 6 weeks
Start of year 16	accrue 7 weeks
Start of year 20	accrue 9 weeks

Team Members may carry up to two years of accrued leave in their personal leave balance (for example, 240 hours for a full-time three (3) year Team Member who works forty (40) hours per week). Once a Team Member’s leave balance reaches the maximum allowed, personal leave hours will stop accruing.

2. CASHOUT

You have the option to be compensated (cashed-out) for a portion of your personal leave hours. A Team Member may cash out a portion of their personal leave balance up to four times per year. The TGO will require that a Team Member leave forty (40) hours of leave in their personal leave balance when cashing out personal leave. Long term Team Members who accrue 7-9 weeks of Personal Leave each year will be required to leave eighty (80) hours of leave in their personal leave balance if they choose to cash out leave.

3. TRANSFER OF PERSONAL LEAVE

Sometimes unexpected illness and emergency take Team Members out from work longer than paid leave allows. Therefore, the TGO has adopted the following leave transfer policy to allow eligible Team Members to donate and receive leave from other Team Members, with approval of the President/COO.

Eligibility

Regular Team Members with at least one (1) year of service (current employment), may transfer personal leave to another regular Team Member with at least one (1) year of service (current employment).

Policy

Eligible Team Members of the TGO who have accrued personal leave available, shall be permitted to transfer such available, accrued, personal leave to any other eligible Team Member. Transferred leave may only be used for illness, medical, and family emergency situations. Personal Leave hours will be calculated and transferred on a dollar for dollar basis. Leave transferred by a Team Member will be available to the receiving Team Member as leave time only. Cash outs of leave transferred will not be authorized. Transfer of leave will not be allowed for intermittent time off.

Transferring of leave to Team Members of other Tribal entities or receiving transferred leave will be reviewed on a case by case basis with the approval of both entities’ required executive.

Transfer of personal leave shall be allowed only when:

a) Approved by the General Manager/CEO and/or President/COO; and

b) The regular Team Member receiving the leave has shown an emergency need for the additional leave exists, such as illness, or medical condition, medical emergency personal to the Team Member or the Team Member’s spouse or child; or other family emergency; and

c) The regular Team Member receiving the leave has used all available personal leave or does not have the leave available to cover the duration of the absence from work.

Procedure

A Team Member who wishes to transfer personal leave to another Team Member should complete a “Transfer of Personal Leave Form.” The Team Member should submit the completed form to their immediate supervisor/department manager for approval.

The Transfer of Personal Leave Form shall have signatures of the Department Managers of both Team Members (the Team Member donating the leave and the Team Member receiving the leave). A completed and signed form should be submitted to the Payroll Department for processing.

C. BEREAVEMENT LEAVE

In the event of death in a Team Member’s immediate or extended family, the TGO will grant time off for bereavement to handle matters related to death and grieving.

1. ELIGIBILITY

All regular Team Members are eligible for this leave following completion of their first day of employment. Leave must be taken within a reasonable time frame, unless specific arrangements exist that require leave to be taken later and/or not consecutively. This must be documented and approved by your Department Executive and/or Human Resources.

2. DEFINED BENEFIT LEVELS

Team Members may receive Bereavement Leave for the qualifying reasons outlined in sections 2a-2f below. When a Team Member requests Bereavement Leave, the Team Member may not combine two or more of the following sections to receive longer paid time off as paid Bereavement Leave (i.e. 5 days immediate family and three days for pallbearer services). Only one qualifying reason may be used.

a) A Team Member who experiences a death in his or her immediate family, as immediate family is defined by this policy, will be eligible for paid leave up to one regularly scheduled workweek.

b) A Team Member who experiences a death in his or her extended family, as extended family is defined by this policy, will be eligible for up to three (3) days of paid leave for bereavement.

c) When the Team Member is requested to participate as a funeral official, he or she will be eligible for up to three (3) days of leave with pay.

d) When the Team Member is providing music or pallbearer services to the funeral at the written request of the family of the deceased, he or she will be eligible for up to three (3) days of leave with pay.

e) A Team Member, at the written request of the family of the deceased, will be eligible for time off from work with pay, to take part in shopping, preparing, cooking, serving, cleaning, or other assistance to the family. Up to three (3) days will be permitted on the days actually providing the services.

f) A Team Member who has a minor child or grandchild, where the child/grandchild has suffered the loss of a parent/grandparent, will be eligible for up to five (5) five days of leave, to provide support to the child during bereavement.

3. DEFINITIONS

Death in the Immediate Family: Members of the immediate family are considered to be the spouse, children, parents (including step and foster), siblings, sibling’s spouse and children, grandparents, grandchildren, parent’s sibling and their spouse, first cousins and their spouses, step and foster children, and parents who have lost an unborn child.

Extended Family Members are defined as: great grandparents, great aunts and uncles, great nieces and nephews; spouse’s brothers or sisters and their spouse and children; spouse’s parents and their brothers and sisters; spouse’s grandparents, spouse’s first cousin, and others raised or residing in the home.

Spouse is defined as one of two individuals whether of the same sex or opposite sex, who are legally married to one another, or who have obtained a certificate of domestic partnership. The TGO reserves the right to request legal documentation to verify a spousal relationship. You and your spouse must NOT be legally separated. Common-law marriages are not recognized by the TGO under this bereavement leave policy.

4. PROCEDURE

The following procedure must be followed whenever Bereavement Leave is requested:

a) Prior to taking or receiving any Bereavement Leave, you must contact your Supervisor. A Leave Request Form must be completed specifying your relationship to the deceased. The form must be submitted to your Supervisor for approval (your supervisor may also complete the leave request for you; ensure that you are communicating and aware who is completing the leave form).

b) Bereavement Leave must be approved by your Supervisor. Every reasonable effort will be made by the supervisor to grant the allowable time off needed to mourn and partake in customary end of life ceremonies. Approval or disapproval will be given after your Supervisor has considered both your request and the needs of the TGO.

c) Team Members requesting to take Bereavement Leave for the death of a family member not specified in Section 2 above, or requesting time off in addition to his or her approved Bereavement Leave, may utilize personal leave or leave without pay, if eligible, with approval from the Supervisor/Manager.

d) In order to verify eligibility for Bereavement Leave, a Team Member will be required to provide proof of death and/or family relationship. Documentation should be submitted within three (3) days of your return from Bereavement Leave, in order for the Bereavement Leave request to be approved; however extenuating circumstances will be considered to extend this time frame. Acceptable documents include, but are not limited to: copy of death certificate, obituary column or death notice, certificate or letter from Funeral Home or Tulalip Tribes Funeral Director, memorial card/brochure from service, verification letter from Tulalip Tribes Enrollment Department, letter from family (for cooking services, shopping, etc).

For death of a non-family member residing in the home, documented proof includes, a document that verifies that you reside at the same address, i.e., recent utility or cable bill, voter precinct card, school records, Department of Licensing or Motor Vehicle correspondence, employer correspondence.

If a Team Member fails to provide documented proof, paid hours will be changed to Personal Leave or Leave without Pay if Personal Leave is not available. Dismissal will result in cases of fraudulent requests and/or fraudulent documentation.

e) Team Members who are not scheduled to work, due to an approved Leave Of Absence without Pay, shall not be eligible for the paid Bereavement Leave benefit.

D. PAID HOLIDAYS

1. GENERAL

The TGO will pay you for the holidays listed below. Any other days of religious, cultural or historic significance which you wish to take off require prior approval, and must be taken as personal leave or leave without pay. Such days of religious, cultural or historic significance shall be granted on a non-discriminatory basis.

New Year’s Day, Martin Luther King, Jr. Day, Presidents’ Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Indigenous Peoples’ Day, Veterans’ Day, Thanksgiving (one day only), Tulalip Day (day after Thanksgiving), Christmas Eve, Christmas Day, New Year’s Eve.

2. ELIGIBILITY

The following provisions apply to holiday pay:

a) All regular full-time, part-time, and temporary Team Members are eligible to receive holiday pay after working ninety (90) consecutive days.

b) You are required to be present for your entire shift on the normal workdays both before and after the holiday in order to receive holiday pay. If you are scheduled to work on a holiday, you must also be present for your entire shift on the day of the holiday, to receive holiday pay. A day of pre-approved paid leave is considered a day worked for the purpose of holiday pay eligibility.

c) The holiday pay benefit is paid at straight time. Eligible Team Members will be paid holiday pay in addition to hours worked for any workweek in which a holiday falls. Full time Team Members will receive eight (8) hours of holiday pay. Part-time Team Members’ pay shall be pro-rated.

E. BIRTHDAY LEAVE

Team Members who have completed their initial probationary period will also be granted paid Birthday Leave equivalent to one regularly scheduled workday. Birthday Leave cannot be taken in increments. A Team Member must request this leave in writing and obtain prior approval from the Department Supervisor/Manager. With approval, Birthday Leave may be taken on the actual birth day, or a scheduled workday after the birthday, within one year of the Team Member’s birthday. In no circumstance can birthday leave be carried over beyond 365 days or cashed out upon separation of employment.

F. JURY DUTY/WITNESS DUTY

The TGO recognizes that it is your civic duty to report to jury duty. You should report a call for jury duty as soon as practical after receiving the summons. If the work you perform is considered essential at the time of the call, the Supervisor can request that you seek a postponement from the court. You are expected to immediately return to work when you are released from jury duty.

Team Members who are summoned to jury duty will be paid the difference between their regular salary and the amount received from the court for serving as a juror (excluding any transportation allowance you may receive). You will be required to turn in a copy of the check or check stub from the court to receive difference in pay. If you do not qualify, you are given time off without pay while on jury duty.

Leave with pay and all benefits shall be granted to a Team Member who is called to jury duty, summoned to appear in a court proceeding on behalf of the Tribes, or subpoenaed as a witness in a Court case.

Team Members who work late shifts will be given consideration for time off based on work hours and hours expected to report to jury duty. A graveyard Team Member may require the night before and the day of jury duty to have time to be well rested to serve.

A Team Member who finds that they are not required to serve, or is sent home from jury duty should communicate with their supervisor to determine if they should report to work as normal.

G. MATERNITY/PATERNITY LEAVE WITHOUT PAY

The TGO supports Team Members taking time off to care for and bond with their newborn or adopted or foster children, and therefore has adopted the following policies and procedures in addition to Qualified Medical Leave (QML), or for those Team Members who may not qualify for QML.

1. POLICY

A Team Member who has exhausted their QML, or who is ineligible for QML, and when all Personal Leave has been exhausted, may apply for unpaid maternity/paternity leave, up to and not to exceed an additional 90 days from the expiration of Personal Leave and/or Qualified Medical Leave. Approval of the 90 days of unpaid maternity/paternity leave shall be granted at the discretion of the TGO President/COO and the TGO Human Resources Department.

Maternity/Paternity Leave without Pay shall include continuation of medical benefits but may require that the Team Member reimburse the TGO for additional benefit costs.

2. ELIGIBILITY

The following are eligible for consideration for time off for Maternity/Paternity Leave within this policy:

A Team Member requesting time off to cover disability caused by pregnancy, abortion, related medical conditions, convalescence, or

to care for a newborn child(ren), or

for a Father or other parental figure, to assist the Mother of the newborn child while she is convalescing, or

to bond with the child, or

Team Members with newly adopted minor children or minor foster children.

3. PROCEDURES

Team Members shall give two weeks’ written notice of his/her anticipated dates of departure and return, if possible. The Team Member shall be reinstated to his/her former or equal position at his/her current rate of pay and shall retain all rights and benefits accrued during leave.

The Team Member must return to work on the first scheduled workday following the expiration date of unpaid maternity/paternity leave. Once a Team member has exhausted all leave, any further absences without permission, regardless of any supporting documentation, will be cause for dismissal.

If a Team Member is within their initial 90 day probationary period and begins approved unpaid maternity/paternity leave, the remainder of the probationary period will be served upon return from leave.

H. QUALIFIED MEDICAL LEAVE OF ABSENCE

Please see QML eligibility and benefits provided by TGO at Tulalip Tribal Code, Qualified Medical Leave Code (TTC 9.30). You may ask Human Resources for a copy.

I. LEAVE WITHOUT PAY

A Team Member may be granted up to two weeks of Leave without Pay (up to 80 hours for full-time Team Members) in a rolling twelve (12) month period, depending on the circumstances, and only after all other accrued paid leave has been exhausted. Hours will be prorated for part-time Team Members. Leave without Pay may be used for an unpaid leave of absence from work, for unplanned call-ins (due to illness, emergency, etc.), or leaving early from work.

A Team Member with Personal Leave available (or other paid leave) will not be approved for Leave without Pay.

Leave without Pay will not be granted for the purpose of taking up other paid employment, except where Military Active Duty occurs and the exercise of fishing/hunting/gathering rights, or it has prior approval, and/or extenuating circumstances exist.

1. LEAVE OF ABSENCE WITHOUT PAY

A Team Member with urgent personal needs not covered by other leave policies and when all leave has been exhausted (i.e. Personal Leave and Qualified Medical Leave) may apply for an unpaid period of time away from work for up to two weeks (up to 80 hours for full-time Team Members). A probationary Team Member may be granted Leave without Pay (LWOP), under extenuating circumstances. However, the probationary period end date will be extended equivalent to the length of the absence.

When making decisions to grant such unpaid leave, the Department Executive and/or Supervisor, may consider the reason(s) for the request, your length of service, history of corrective action and attendance record, the effect of your absence on business operations, and/or the frequency and duration of previously granted periods of time off.

2. TEAM MEMBER CALL INS AND LEAVE WITHOUT PAY

Team Members who have exhausted all paid leave available to them, and who call in to work (due to illness, emergency, etc.) will have their absence recorded as Leave without Pay and a Leave Request Form must be completed. A Supervisor may complete the request if the Team Member is unable to do so. Team Members will also be required to furnish documentation of illness or emergency, within three days of last absence. Any absence not verified with acceptable documentation will be considered unexcused, and subject to the Attendance Policy.

3. LEAVE WITHOUT PAY AND EARLY OUTS

If a Team Member is sent home early by the employer, from their scheduled shift, due to business reasons, (commonly referred to as an Early Out), this time will not count towards a Team Member’s Leave Without Pay, and a Leave Request Form will not be required. Early Outs in these cases will be viewed as a scheduling adjustment, and the Team Member’s schedule in Kronos should be adjusted to show the scheduling change. If the Team Member wishes to be paid for the hours they did not work, they may request Personal Leave and submit a Leave Request Form.

Team Members requesting to leave work early due to illness or personal reasons are expected to use their available paid leave: personal leave, sick leave (if available), and/or QML. If it is necessary to use LWOP, the Team Member will follow the procedures outlined in this policy.

4. TRACKING LEAVE WITHOUT PAY HOURS

Human Resources will track Team Members’ Leave without Pay hours; and will notify Team Members when they have exhausted all available Leave without Pay.

It is the responsibility of the Team Member to notify their Supervisor/Manager and Human Resources if their intent is not to return to work after the leave is over. Once a Team Member has exhausted all Leave without Pay, any further absences from work without paid leave available will be considered absent without permission, regardless of any supporting documentation, and will be cause for dismissal.

J. VOTING

In most cases you can vote before or after work. If this is not possible, the TGO may grant authorized leave with pay for up to a two (2) hour period for the purpose of voting in a federal, state, or Tribal election. You must obtain prior approval from your Supervisor.

K. EDUCATION LEAVE

You may be allowed to take Education Leave with Pay for higher education and post-secondary technical/vocational training, subject to the approval of your Supervisor/Manager, Department Executive, and Training Manager. Education Leave may be granted to attend post-secondary education courses that are scheduled during work hours, and must be in subjects that are of benefit to the TGO and to current job, job performance, or job requirements. Additionally Team Members may take Education Leave for courses that have been identified in the Team Member’s Individual Development Plan. (Classes before or after work hours will not be eligible for Education Leave). Educational Leave shall not exceed a total of more than eight (8) hours per week. Educational Leave must be scheduled in writing with the Supervisor.

Eligibility

All regular full-time Team Members who have completed their probationary period, will be eligible to apply for Education Leave. A review of the Team Member’s attendance, job proficiency and verification that the Team Member can be spared without detriment to the work will be considering factors for final approval.

L. MILITARY LEAVE

Military Leave provides employment protection and a means for Team Members to secure time off when called to U.S. Military Service.

Military Leave covers all categories of military training and service, including duty performed on a voluntary or involuntary basis, in time of peace or war. It applies to the National Guard and Reserve Military Personnel and also applies to persons serving in the active components of the Armed Forces as provided by state and federal law.

The Team Member must notify the Supervisor of the call to military service or training as soon as the information is known and a copy of the orders must be provided to the employer. Service Members must provide advance written or verbal notice to their employers for all military duty unless giving notice is impossible, unreasonable, or precluded by military necessity.

A Team Member called to military service or training will be granted a leave of absence without pay for the duration of the service requirement. To request this leave, a Team Member must submit a Leave Request Form for Military Leave to the Immediate Supervisor or Human Resources with a copy of the orders. Upon return from Military Leave, the Team Member must present the Immediate Supervisor or Human Resources a signed statement from the Commanding Officer indicating the dates of training or service.

If you are called to active duty, you will be put on Leave without Pay until such military duty is completed. You will be granted full re-employment rights upon completion of your military duty and shall be granted the former position or a position of equal stature and pay. You must exercise this right within thirty (30) days of completion of your tour of duty and return. If you choose not to exercise this right until after the thirty days, your re-employment rights shall be lost.

While on Military Leave, the Team Member will receive all benefits for the period of Leave without Pay.

M. OTHER TEAM MEMBER BENEFITS

1. FEDERAL INSURANCE CONTRIBUTION ACT

Finances federal old age, survivors, and disability insurance, Medicare, and Social Security.

2. WORKER’S COMPENSATION

Worker’s compensation provides coverage to all Team Members while on the job in case of an injury. You must report immediately to the Supervisor any injury occurring while on the job regardless of how slight the injury may be.

3. HEALTH BENEFITS AND DENTAL PLAN

The TGO will provide a 100% employer paid Medical and Dental Benefit Plan to eligible Team Members. Eligible Team Members are regular full-time or part-time Team Members who work a minimum of thirty (30) hours each work week. Coverage will begin the first of the month following or coinciding with 60 days from date of hire. Team Members will be automatically enrolled in the 100% employer paid Medical and Dental plans if the Health Enrollment Forms are not returned to the Benefits Department within the timeline given in the benefits new hire packet. Team Members may elect to enroll children in the Medical and Dental plans at an additional Team Member paid premium. Your spouse or domestic partner may be enrolled in the Dental plan only, at an additional Team Member paid premium. Team Member premiums will be paid through payroll deductions. Health Benefits shall expire at the end of the month upon separation of employment, conversion to Leave without Pay status, or if eligibility requirements are not being maintained. Full details of this plan are available from the Benefits Department.

4. COBRA

Under qualifying events, a Team Member covered under the current health plan, who would normally lose health care coverage (for example, due to reduction in work hours, or separation of employment for reasons other than misconduct), will be offered the opportunity to elect continuation of health care coverage, at their own expense, for a defined period of time. Please see the Benefits Department for further details.

5. 401K PLAN

Team Members will be automatically enrolled in the 401K plan. Team Members must opt out if they choose not to participate in the plan. Full details of this plan are available from the Benefits Department.

Please see the Benefits Administrator for further information regarding the Tulalip Tribes Retirement Policy.

N. ADMINISTRATIVE LEAVE

The President/COO may authorize Administrative Leave with Pay to Team Members, when necessary to close the TGO Establishment, or designated departments or areas, due to weather conditions, electrical failures, health/safety reasons, or other reasons, when it is deemed to be in the best interest of the TGO Establishment, its Team Members, and/or its customers.

The President/COO will notify affected departments or Team Members in writing when a specific circumstance has been reviewed and Administrative Leave with Pay has been authorized.

O. TEAM MEMBER ASSISTANCE PROGRAM

1. The TGO is genuinely interested in the health and well-being of its primary resource – its Team Members. It is in the best interest of both the Team Members and the TGO to provide assistance to those with personal challenges, including chemical abuse or dependency, mental or emotional illness, family and work relationships, or other conditions which may adversely affect job performance and attendance.

2. The TGO has established an onsite Team Member Assistance Program whereby Team Members may avail themselves of counseling and related services in order to find resolutions to existing problems. The EAP is an education, intervention and referral service to help Team Members affected by personal, family, and work-related issues and concerns.

3. The Tulalip Resort Team Member Assistance Program (EAP) is designed to assist:

•    Supervisors/Departments in addressing productivity and/or attendance issues with its Team Members; and

•    Team Members in identifying and resolving personal concerns, including, but not limited to, health, marital, family, financial, alcohol, drug, legal, emotional, or other personal issues that may affect attendance or job performance.

4. The purpose of the Team Member Assistance Program is to:

•    Provide confidential assistance and/or referral to Team Members when personal issues are affecting a Team Member or when issues are contributing to, or may contribute to, deteriorating job performance.

•    Assist all Team Members in developing lifestyles that are physically, mentally, and emotionally healthy.

5. REFERRALS

A Team Member may be referred to the Team Member Assistance Program by a TGO Supervisor/Manager, Human Resources, co-workers, or family, due to issues that may affect job performance or because the Team Member is concerned and seeks assistance. Team Members are encouraged to self-refer. Referrals by Supervisors or Human Resources may be suggested or may be mandatory for continued employment. Persons who fail to follow through or complete EAP when mandated shall be subject to corrective action up to and including dismissal.

6. CONFIDENTIALITY

Your employer does NOT receive any confidential information about the services you seek or use, with one exception. If you are formally referred for brief counseling services, called a referral, then we will tell the referring official whether you called us, dates and times of appointments, whether you attended scheduled appointments, and if you are following the action plan established by your Team Member Assistance Program counselor. We may also inform of any specific worksite risks, such as risk of violence or serious accident risks. In some cases we may share anticipated time off work and any recommended follow-up drug tests.

OTHER POSSIBLE DISCLOSURES

Except as detailed above, no other information is shared without your written permission, which must include your name, information to be disclosed and to whom, and time limit for sharing the information. You may revoke your authorization in writing at any time.

7. TEAM MEMBER SECURITY AND JOB DISCIPLINE

Team Members participating in the Team Member Assistance Program (EAP) will not be given preferential treatment, nor will they be subject to any special regulations by the TGO. Program participation will not immunize a Team Member against Corrective Action, including dismissal of employment, by reason of an infraction of work rules or the rules of conduct. A Team Member Assistance Program client may be disciplined for his/her or continued unsatisfactory job performance or attendance infractions.

A Team Member’s job security or future career advancement will not be jeopardized as a result of his or her participation in the Team Member Assistance Program (EAP).

VIII. WORK STANDARDS

A. COMPENSABLE HOURS

1. Compensable hours include:

a) Regular work hours which are part of the principal activity of the job.

b) Meal periods where you are not free to leave your post.

c) On-call time where your freedom is restricted.

d) Break periods of 20 minutes or less.

e) Training, with prior approval, up to eight hours per regular workday.

f) Traveling between work sites or traveling during working hours.

g) Waiting time required by the job.

2. Non-compensable Hours

The following activities are non-compensable and will not be counted when calculating the total hours worked to determine eligibility for overtime:

a) Absences including all leave.

b) Meal periods where you are freed from duties.

c) On-call time where you are not restricted.

d) Overnight trips during non-working hours where you are not working.

e) Commuting time between home and job.

f) Voluntary training/school after working hours.

g) Waiting time not required by the TGO, before starting duties and before working hours.

B. DRESS CODE

It is imperative for TGO Team Members to dress neatly, professionally, and in good taste to maintain a professional image and to make a good impression. You may be the first person our guest will see. First impressions are a very significant part of our relationships with the public. Our attire is important in portraying to our visitors that we have confidence in our ability and performance. To help present this image and foster public confidence, Team Members must be able to present a standard of acceptable appearance. The criteria is listed below for your guidance in meeting these standards.

This policy will address standards of dress for TGO Team Members; however, department Managers/Directors reserve the right to determine if a Team Member’s attire is considered appropriate or inappropriate for the workplace. All Team Members are accountable for adhering to the TGO’s policies and procedures including appearance, hygiene, and dress code standards as follows:

1. UNIFORMED TEAM MEMBERS:

Requirements:

Inappropriate attire includes but is not limited to: casual tennis/running shoes (other than all black tennis shoes), casual sandals, flip flops, open toed shoes.

2. FRONT OF THE HOUSE:

Requirements for Male Team Members:

Requirements for Female Team Members:

Inappropriate attire includes but is not limited to: jeans of any color, denim jackets and denim skirts; shorts, bermuda shorts, excessively baggy pants, tight-fitting pants, bib overalls, t-shirts, halter tops, strapless or spaghetti strap tops, crop tops/midriff tops, low cut tops, sleeveless shirts (unless worn under a sweater/jacket), sandals, open toed shoes, flip flops, athletic wear of any kind (sweatshirts, sweatpants, stretch pants, jogging suits, spandex, lycra), athletic shoes, caps, torn clothing, provocative or revealing clothing. No fishnets or other patterned hosiery shall be worn with skirts/dresses.

3. HEART OF THE HOUSE:

Requirements:

Workplace casual is the atmosphere for Heart of the House Team Members, however Supervisors and Managers are still expected to look and dress professionally at all times as you represent leadership and the organization, when you are in your designated work area, meeting with the public, vendors/customers and/or present on the gaming floor.

The following criteria shall be used for Heart of the House Team Members.

4. ACCESSORIES

5. HATS AND HEAD COVERING

Baseball type caps are not appropriate in the workplace. Other styles of hats may be worn if suitable for the work environment. Head covers that are required for religious purposes or to honor cultural tradition are allowed.

6. HYGIENE AND GROOMING STANDARDS

7. BADGE/PERMITS

A Team Member must have their TGA/Badge or permit when they arrive at work and must wear it at all times while on TGO properties during work hours. A Team Member who does not have their badge/permit shall not be allowed to work and this shall be considered an unexcused absence.

8. POLICY VIOLATIONS

A Team Member who reports to work in violation of policy may be sent home without pay in order to make proper changes to be in compliance with this policy. Department Managers/Directors may consult with Human Resources at any time, if a Team Member’s attire is questionable. The TGO reserves the right to determine if a Team Member’s attire is considered inappropriate for the workplace. Additionally, departments may have their own written guidelines regarding dress code requirements for their own specific areas, based on job duties and safety requirements. Team Members sent home will be expected to return to work within two (2) hours from the time they were sent home. Team Members who do not return to work without prior authorization will be subject to Corrective Action for failure to return to work.

All violations of the TGO Dress Code Policy will be handled in the progressive manner shown below:

1st violation	Documented Verbal Warning
2nd violation	Written Warning
3rd violation	Five-day (40 hour) Suspension without Pay
4th violation	Dismissal

Any action a Team Member receives for violation of this policy will remain in the Team Member’s personnel file for one year from the issue date. Corrective action administered will be determined based upon the date and level of the last infraction.

C. ATTENDANCE

1. DEFINITIONS

“Business days” are defined as Monday, Tuesday, Wednesday, Thursday and Friday, excluding TGO approved holidays.

“Approved absence” is defined as an absence that has been pre-approved by your Supervisor, is excused by a doctor’s note, or other approved documentation, or in an excused emergency as approved by Human Resources and the President/COO.

“Personnel file” as used in this section is defined as all of your records, including but not limited to, your work history, corrective actions, attendance records, and medical records.

2. CALL-IN PROCEDURE – LATE ARRIVAL OR ABSENCE

When calling into work to report a late arrival or an absence, Team Members will be required to contact 1) the Team Member Call-In Line and 2) their designated department call-in line. Team Members will be required to leave a voicemail message with their department. Messages will be checked regularly throughout the day.

When calling the Team Member Call-In Line, the operator will request your name, department, shift, date to be off and explanation. When leaving a message with your department, you must leave a message with your Supervisor containing the following information:

(1) Name;

(2) Return phone number;

(3) Reason for tardiness or absence;

(4) Expected time of arrival for scheduled work shift (if applicable); and

(5) Your scheduled work shift.

A Team Member reporting a late arrival will be expected to arrive to work at the time stated when calling in. If you cannot report to work as originally anticipated, you must notify your employer. A Team Member arriving late to work, two hours or more into their shift, may be sent home if a replacement has been found to cover the shift.

A Team Member who does not report their absence to both areas will be subject to Corrective Action as under General Rules of Conduct XI.B.1.g.

a) TARDINESS

You must provide advance notification that you will be arriving late for your scheduled work shift, following the instructions outlined above in Section 2 of this Attendance Policy.

Tardy – less than 60 minutes - If you have three (3) tardies of less than (60) minutes in a thirty (30) day period, you will be subject to corrective action as follows:

(1st occurrence) written warning and referral to the Human Resources Attendance Workshop;

(2nd occurrence) suspension for 3 days (24) hours without pay;

(3rd occurrence) dismissal.

Tardy 60 minutes or more. If you are more than sixty (60) minutes tardy for your scheduled work shift, you will be subject to corrective action as follows:

(1st occurrence) written warning and referral to the Human Resources Attendance Workshop;

(2nd occurrence) suspension for 3 days (24) hours without pay;

(3rd occurrence) dismissal.

b) CALL-IN TARDINESS: FAILURE TO PROVIDE ADVANCE NOTICE OF ABSENCE

If you initially provide notification that you will be tardy and subsequently notify your Supervisor that you will be absent for your scheduled work shift, you will be subject to corrective action for not providing advance notification of absence as follows:

(1st occurrence) written warning and referral to the Human Resources Attendance Workshop;

(2nd occurrence) suspension for 3 days (24) hours without pay;

(3rd occurrence) dismissal.

If you provide notification of tardiness as required by this section, but you are then absent for your scheduled work shift, without notification of absence, it will be treated as a No Call/No Show under Section C.6. of this policy.

c) PROCEDURE FOR CALLING-IN ABSENCES

You must notify the TGO of your intent not to work your scheduled work shift. This notification must be received a minimum of two (2) or more hours prior to the start of your scheduled work shift.

Those who fail to comply with the two (2) hour required notification, shall be subject to corrective action as follows:

(1st occurrence) written warning and referral to the Human Resources Attendance Workshop;

(2nd occurrence) suspension for 3 days (24) hours without pay;

(3rd occurrence) dismissal.

3. EXCESSIVE ABSENTEEISM

If you have accumulated three (3) absences of any type, within a ninety (90) day period, that are not considered “excused” as defined in Section C.1. of this Attendance Policy, you will be subject to corrective action as follows:

(1st occurrence) written warning and referral to the Human Resources Attendance Workshop;

(2nd occurrence) suspension for 3 days (24) hours without pay;

(3rd occurrence) dismissal.

4. DOCTOR’S NOTES

Doctor’s notes or other documentation should be turned into Human Resources within three (3) business days from the last date of the absence, in order for an absence to be excused from the TGO Absenteeism Policy and the Corrective Action process. Doctor’s notes may also be turned in to the designated Doctor’s Note drop boxes, located in front of the Security Vendor Window or outside the Human Resources Office entrance.

The doctor’s note must excuse you from work for that day. A doctor’s note that states “the patient ‘subjectively reports’ he/she was ill” or verbiage to the effect of, will not excuse your absence(s). Doctor’s notes generally do not excuse failure to provide advance notice of absence, tardiness, or No-Call/No-Show; however, they are subject to review. Upon receipt of the doctor’s note, Human Resources shall:

(1) Date stamp the doctor’s note;

(2) Make a copy for you and give you a date stamped copy upon request; and

(3) File the original in a file separate from the personnel file, located and stored with the QML Office.

If doctor’s notes are not provided within three (3) business days from the date you were absent, the absence will be subject to the provisions of the TGO Absenteeism Policy and Corrective Action process. The three (3) day time frame may be waived under extenuating circumstances at the discretion of the Human Resources Executive Director or designee.

Forged or altered doctor’s notes shall result in immediate dismissal from employment with the TGO.

The Human Resources Department will accept a doctor’s notes by fax only if the note is faxed from the Physician’s Office. Human Resources fax number is 360-716-1373. Human Resources will accept a screenshot of a Dr. Note from your phone, or an email forwarded by you from your Dr. Office. These can be forwarded to _HRDrnotes@tulalipresort.com. Please follow up with Human Resources to ensure that we have received your documentation.

5. EMERGENCY POLICY

In an effort to accommodate emergency situations that may arise, the TGO will permit you to submit evidence of such emergency situation to the Human Resources Department Director or designee, within three (3) business days of your absence. Examples of an emergency situation include hospitalization, auto accident, or family tragedy such as death or imminent death. If upon review Human Resources finds sufficient evidence to demonstrate an emergency, the absence, tardy, or late call-in shall not be used in the corrective action process.

Under no circumstances will evidence of an emergency situation be accepted beyond the three (3) day time frame outlined in this section unless the emergency implicates your Qualified Medical Leave. If no evidence of such emergency situation is submitted to the Human Resources Department, corrective action will remain in effect in accordance with this policy.

6. NO CALL – NO SHOW AND JOB ABANDONMENT

If you fail to report for your scheduled work shift, and you fail to provide notification (as required by Section C.2.c. of this policy) of your intent not to work your scheduled work shift, your absence will be considered a No Call/No Show. This includes any absence not reported by the end of the scheduled shift, and shall be subject to corrective action as follows:

(1st occurrence) suspension for forty (40) hours without pay and referral to the Human Resources Attendance Workshop;

(2nd occurrence) dismissal.

Two (2) consecutive No Call/No Shows or more shall be deemed job abandonment. This includes a Team Member who has failed to return from an approved leave of absence. Team Members with two or more No Call/No Shows will be dismissed from employment.

7. UNEXCUSED ABSENCE

All absences are subject to the leave policies outlined in the TGO Team Member Handbook. Giving such proper notice shall only protect you from corrective action for failure to give proper notice as outlined in Section VIII.C.2.c. Any absences other than illness or personal emergency will require pre-approval from your Supervisor.

A Supervisor may request documented proof at any time, if a Team Member is absent as a result of illness or emergency, or if the Team Member leaves work early as a result of illness or emergency. The requested documentation must be submitted to the Human Resources Department within three (3) business days of the request. If proof is not provided, the absence will be recorded as unexcused.

An Unexcused Absence is subject to corrective action as follows:

(1st occurrence) written warning and referral to the Human Resources Attendance Workshop;

(2nd occurrence) suspension for 3 days (24) hours without pay;

(3rd occurrence) dismissal.

8. REPEATED ABSENTEEISM VIOLATIONS

If you have two active corrective actions on record for violations to this TGO Attendance Policy, you will receive a suspension for three days or twenty-four (24 hours) without pay for a third violation to any section of the TGO Attendance Policy, unless a more severe penalty is identified for that particular violation (i.e. No Call-No Shows, or 3 violations to the same attendance policy).

Notwithstanding any other provision of this policy, if you commit four violations to the TGO Attendance Policy within a rolling six (6) month period, you will be dismissed from employment.

9. GENERAL

Written Warning Notices and Suspension Notices received as a result of violations to the Attendance policy shall remain active in your personnel record for a period of six (6) months, for consideration when applying additional corrective action for violations to the Attendance Policy.

In the event that one incident violates more than one section of the Attendance policy, you will only be subject to one corrective action (i.e. if your absence is a no two hour notice violation and also counts towards an excessive absences violation). You will not receive more than one penalty per incident.

The TGO refers its Team Members to the Human Resources Attendance Workshop for a first occurrence under the TGO Attendance Policy. Additional referrals may be given for later violations, however, failure to provide additional referrals shall not prohibit the TGO from proceeding with further corrective action.

D. NEPOTISM POLICY

Team Members, Committee or Board Members, Commissioners, or other Tribal officials, shall be disqualified from any personnel actions involving the screening, nomination, appointment, hiring, interviewing, promotion, corrective action, dismissal, investigation, laying off or other personnel actions involving members of their immediate or extended family as those terms are defined in Section VI.C.3. However, this section shall not prevent TGO Managers and Supervisors from taking necessary ministerial acts such as signing employment or pay documents.

Team Members who are related or married may not work in a supervisor/subordinate relationship.

E. CONSENSUAL ROMANTIC RELATIONSHIPS

In furtherance of this policy, TGO prohibits consensual “romantic” relationships between any Team Member and any other TGO Team Member who has the actual or practical authority to appoint, supervise, evaluate, promote/demote, discipline or dismiss the Team Member, or to make meaningful recommendations concerning compensation, benefits, or other terms and conditions of employment for that Team Member. Such relationships can be disruptive to the work environment, create a conflict or the appearance of a conflict of interest, and may well lead to complaints of favoritism, discrimination, and possible sexual harassment. By prohibiting such romantic relationships, we do not intend to inhibit social interaction (such as lunches, dinners, or attendance at entertainment events) that is an important part or extension of the working environment.

TGO does not intend to interfere with the private lives of its Team Members or their off-duty conduct. Where any romantic relationship impacts the work environment in a negative manner, however, TGO reserves the right to take whatever action is appropriate, in its discretion, to protect TGO’s interests. The TGO will offer the following options to either or both parties involved in the relationship: 1) Thirty (30) days to find a new position within the TGO; or 2) the option to resign. Should a resolution not be found during this thirty-day period; the TGO may dismiss either or both Team Members.

TGO recognizes the variety of meanings that can apply to the term “romantic.” It is expected, however, that you will appreciate how the term may apply to you and will act in a manner consistent with this policy.

Any person who believes that he or she has been adversely affected by such a consensual relationship is encouraged to address his or her concerns through the line of communication or reporting to the Human Resources Department. Questions concerning the application of this policy should be directed to the President/COO or Human Resources.

F. CONFLICT OF INTEREST

It is important that the TGO maintain the loyalty of the Team Members to the TGO. Your personal or professional activity, which may conflict with or raise reasonable question of conflict of interest with your duties as a Team Member of the TGO is not permitted. You should not allow yourself to be placed in a position of conflict between personal interests and those of the TGO. All possible conflicts must immediately be disclosed to the Department Manager. Failure to do so may subject you to immediate corrective action, up to and including dismissal. The Department Executive reserves the right to remove you from a process that creates the appearance of a conflict of interest.

A Team Member of the TGO shall not, except in their performance of official Tribal duties, voluntarily represent any party for any court, federal or state government, or in any proceeding in a matter in which the Tulalip Gaming Operation is a party or has an interest.

G. OUTSIDE EMPLOYMENT

You are not permitted to work for any gaming operation or hotel not owned by the Tulalip Tribes or work in any outside capacity that could pose a potential conflict of interest with your current job at the TGO. Prior to accepting outside employment in any capacity, you must obtain permission from your department. If there is a question on what could pose a conflict of interest, departments should consult with Human Resources. Your position with the TGO must take priority. A TGO Team Member who enters into gainful employment while on a leave of absence without his or her department’s permission may be subject to dismissal.

H. CONFIDENTIALITY POLICY

It is the policy of the TGO to ensure that the operations, activities, and business affairs of the TGO, its Team Members, guests, and vendors are kept confidential to the greatest possible extent. If, during the course of your employment, you acquire confidential or proprietary information about the TGO, its Team Members, vendors and/or its guests, such information is to be handled in strict confidence and is not to be discussed. All Team Members are responsible for the internal security of such information.

Confidential information includes, but is not limited to, employment information obtained about a Team Member, whether written or verbal, including information about pay rates, dates of employment, employment history, complaints, corrective actions, dismissals, coaching/counseling sessions and forms, EAP and other referral information, and performance matters. Confidentiality also extends to information obtained or discovered, whether verbal or written, during the course of any internal investigation; TGA investigations, financial records, and other privileged information obtained as a part of your duties and responsibilities as a Team Member of the TGO.

1. Employment records shall be confidential and not disclosed to any person, entity, or governmental agency without the consent of the Team Member involved, or unless otherwise allowed by current personnel policies and procedures, standard operating procedures, and/or other applicable law or regulation.

2. Investigation records, materials, or any other information learned during the course of an internal investigation shall be confidential. Confidentiality under this section extends to Team Member statements or complaints, regardless of the Team Member being investigated.

3. Human Resources and other custodians of records shall maintain information obtained by them in the course of their employment as confidential.

4. Human Resources Department may disclose an employment record to the following:

a) A custodian of the record (Team Member’s supervisor, the Human Resources Department, and Accounting/Payroll Department).

b) The President/COO or other Executive when necessary to carry out his or her responsibilities, including but not limited to: the duty of supervisor, discipline, investigation of violations of company policy and procedures, grievance matters, and financial accountability.

c) The Tribal Police or other police agencies having jurisdiction when in conjunction with an ongoing criminal investigation and the holder of an employment record is served with a subpoena signed by a Tulalip Tribal Court Judge requiring the transmittal of the employment record. In cases where the Tribal Police or other police agencies with jurisdiction believe that public filing of a request for a subpoena would compromise an ongoing investigation, the police may request that the Tribal Court consider the requested subpoena, without public filing.

d) The Office of the Reservation Attorney or other outside counsel as deemed necessary.

e) Any other individual, entity or governmental agency when the disclosure is allowed by an order of the Tulalip Tribal Court, or when the Team Member has signed a consent to release the information.

f) Washington State Employment Security or employer representative in response to a claim for unemployment.

g) The United States when required by the Internal Revenue Code, the specific requirements of a grant or grant application or other specific federal law made applicable to Indian Tribes.

h) The Director of the Tulalip Gaming Agency (TGA), or a TGA inspector(s), which the Director has designated, through current order of the Director, to have access to the employment records of TGO Team Members; when it is necessary to use such records in the course of a bona fide investigation pursuant to Tribal Gaming General Regulations; provided that such records shall be kept in strictest confidence as defined in the TGO Team Member Handbook by the designated inspectors.

i) A federal agency when conducting reference checks for employment screening and security clearance.

A Team Member who discloses confidential information will be subject to corrective action, up to and including dismissal.

I. TEAM MEMBER PARKING

All TGO Team Members are required to park within the designated parking areas (each property will issue directions for Team Member Parking).

Security will be responsible to monitor Team Member parking practices and issue Parking Violation Notices. Team Members who receive a Parking Violation Notice may be subject to the following corrective actions:

1st Offense	Verbal Warning
2nd Offense	Written Warning
3rd Offense	Three (3) day suspension without pay
4th Offense	Dismissal

J. POLITICAL ACTIVITIES

The following provisions apply to Team Members who participate in political activities:

1. You may take part in political activities only at your own personal expense and on your own personal time.

2. You may participate in political activities and use Tribal resources to support or oppose political candidates or initiatives, during work time, when requested and authorized by the Board of Directors, provided that this subsection shall not be interpreted to allow Tribal Team Members or resources to be used in the internal political activities of the Tulalip Tribes or any other recognized Indian Tribe.

K. NO HARASSMENT POLICY

A violation of any section of this subsection shall be considered a Level II infraction, and cause for suspension or dismissal from employment.

TGO is committed to providing a work environment where all Team Members are treated with respect. Any conduct that is demeaning and that falls short of TGO’s expectation of respectful behavior may subject the perpetrator to corrective action. TGO expressly prohibits any form of harassment based on race, color, religion, sex, sexual orientation, gender identity or expression, national origin, citizenship, age, veteran status, marital status, physical or mental disability.

Harassment is a form of misconduct that undermines the integrity of the employment relationship. It may have serious consequences not only for the Team Members involved, but also for the entire TGO. Therefore, it is the responsibility of every Team Member to cooperate with, and assist in the implementation of this policy. The term “harassment” means unwelcome, demeaning or offensive conduct directed at another person or Team Member. Examples of harassment include, but are not limited to:

Each Team Member of TGO is responsible for creating an atmosphere free of harassment and bullying, sexual or otherwise. You are responsible for respecting the rights of your co-workers and strictly adhering to the letter and spirit of this policy.

The TGO will not condone harassment under any circumstances. We will not condone such conduct by or towards any supplier, client, consultant, or guest of the TGO. Even conduct that is intended to be “innocent” may still constitute harassment if it falls within the terms of this policy. If a co-worker, Supervisor or other person expresses concern that your behavior may have violated this policy, please respect his/her concern. Regardless of your intent, how others interpret your behavior is important.

This policy is not meant to interfere with or discourage friendships among Team Members. However, you must be sensitive to acts or conduct which may be considered offensive by other Team Members and must refrain from engaging in such conduct. Any Team Member who violates this policy may be subject to corrective action, up to and including dismissal. Any Team Member found to have filed a false claim of harassment will be subject to corrective action, up to and including dismissal.

L. SEXUAL HARASSMENT

Sexual harassment does not mean occasional compliments of a socially acceptable nature. Rather, it refers to (1) unwelcome sexual advances, requests for sexual favors, and all other verbal or physical conduct of a sexual nature; and (2) comments, jokes, innuendos, and other sexually oriented statements where:

Examples of the types of conduct that are likely to violate this policy include, but are not limited to the following:

The above examples are for illustrative purposes only.

The provision of detailed information in this policy on one of the most commonly alleged types of harassment -- sexual harassment -- should not be interpreted as a lesser commitment to the prevention of other types of harassment. No type of harassment is acceptable. Managers, with input from Human Resources, are responsible for the implementation and endorsement of this policy by thoroughly documenting allegations of harassment in the workplace and taking immediate and appropriate action. Failure to promptly respond to a report or complaint of harassment will be a Level II violation of this policy and is subject to corrective action, up to and including dismissal.

PROCEDURE

1. If you believe you have been the subject of any form of harassment, you should report such conduct to your Manager or Supervisor immediately. If you are uncomfortable reporting such conduct in your department, you should report the situation to Human Resources.

2. The TGO promptly and thoroughly investigates complaints, and no individual is subject to any form of retaliation or corrective action for reporting any incidents of harassment or for filing a valid complaint.

Any Team Member, who after an investigation, has been found to have harassed another co-worker is subject to corrective action, up to and including dismissal for the first offense. A Team Member who is found to have intentionally filed a false harassment claim will be subject to corrective action, up to and including dismissal.

M. RETALIATION

Team Members are prohibited from retaliating against any Team Member who brings a claim of any objectionable behavior, participates in an investigation, proceeding or hearing concerning a claim of objectionable behavior, or who in good faith has opposed a practice he or she reasonably believes constitutes prohibited behavior.

Definition of Retaliation. “Retaliation” means “punishing” individuals by an action in or outside of the workplace that has a materially adverse effect on the working conditions of the individual. It may include demotion, termination or changes in working conditions; reductions in compensation or status; or excluding one from participating in activities that contribute significantly to professional or educational advancement and otherwise would be available. To be prohibited, the retaliatory action must be one that a reasonable Team Member in that context objectively would have found so adverse that it would have dissuaded him/her from making or supporting a charge of discrimination.

“Retaliation” does not include ordinary, petty slights and annoyances. It is not manifested by the lack of good manners. Even though the TGO does not condone such behaviors because they show personal disrespect that undermines the values of our community, these behaviors do not constitute retaliation.

Claims of retaliation should be communicated up their line of communication or to Human Resources and shall be investigated by the TGO and persons shall be subject to corrective action up to and including dismissal.

N. FALSE CLAIM

Team Members shall not willfully and knowingly make a false claim against a fellow Team Member or any other person providing services to the TGO organization or its affiliates. The TGO shall investigate false claims under the TGO’s regular procedures. A Team Member found to have made a false allegation or claim shall be subject to corrective action up to and including dismissal.

O. PREVENTION OF WORKPLACE VIOLENCE POLICY

The Tulalip Gaming Operation (TGO) maintains a zero tolerance stand of violence in the workplace. The purpose of this policy is to provide TGO Team Members guidance that will maintain an environment at and within the TGO property and affiliated events that is free of violence and the threat of violence. This policy defines prohibited conduct, as well as general procedures and potential responsive steps in the unfortunate event that workplace violence occurs.

Any threats of violence, either implied or direct, are prohibited at TGO properties and sponsored events. A Team Member who exhibits violent behavior may be subject to criminal prosecution and shall be subject to corrective action up to and including dismissal. Violent threats or actions by a non-Team Member may result in criminal prosecution.

DEFINITION OF WORKPLACE VIOLENCE

Workplace violence is any conduct or behavior that is severe, offensive or intimidating enough to make an individual reasonably fear for his/her personal safety, the safety of other Team Members, family, friends, or property. Examples of workplace violence include, but are not limited to, threats or acts of violence or behavior that cause a reasonable fear or intimidation response and that occur:

1. On TGO premises, no matter what the relationship is between the TGO and the perpetrator or victim of the behavior; or

2. Off TGO premises, where the perpetrator is someone who is acting as a Team Member or representative of the TGO at the time, where the victim is a Team Member who is exposed to the conduct because of work for the TGO; or

3. Where there is a reasonable basis for believing that violence may occur against the targeted Team Member or others in the workplace.

Examples of conduct that may be considered threats or acts of violence under this policy include, but are not limited to, the following:

PROCEDURES FOR REPORTING

In the event that a Team Member has a reasonable belief that a threat or act of violence has been made against themselves or another person, the Team Member should report the details immediately to his/her Supervisor, Manager and/or Security and Human Resources. In the event of an imminent physical threat or harm persons should call 9-1-1.

Failure to report any threats or acts of violence in violation of this policy is itself a violation of this policy, and may subject any Team Member involved to Corrective Action, up to and including dismissal.

WHAT TO EXPECT FROM THE TGO

All reported incidents of violence and threats of violence will be taken seriously and investigated unless there is reason to believe the event did not occur. The TGO may consult with law enforcement authorities or other resources as it deems appropriate. The TGO may require a fitness for duty examination or other professional assessment through providers chosen by the TGO, to determine whether a perpetrator presents a threat to themselves or others in the workplace. If a violation of this policy occurs, the TGO will take appropriate preventive and corrective action, up to and including dismissal.

Simultaneously, the TGO will refer the matter to the Local Law Enforcement for their review of a potential violation of civil or criminal law. Additionally, the TGO reserves the right to seek exclusion orders with the assistance of the Tulalip Gaming Agency (TGA) to any person it perceives a threat to the safety and welfare of the TGO, its agents, and Team Members.

AVOIDING ENDANGERMENT

Unfortunately, victims of violence sometimes choose to be uncooperative with their employers’ attempts to protect them and other Team Members. For instance, victims may decide not to tell their employers about threatened or actual domestic violence that may follow the Team Member into the workplace, or they may engage in behaviors that either provoke or continue the threat of such violence. These behaviors can include simply not reporting a known threat or act of violence that poses a threat in the TGO’s workplace or by sending “mixed messages” to the perpetrator about whether to stay away, provoking behaviors designed to agitate the perpetrator, or inappropriate contact with the perpetrator when a stay away order is in place. These behaviors by the victim endanger not only the victim, but also others in the workplace. In such situations, the TGO reserves the right to take corrective action against the uncooperative victim, up to and including dismissal. This aspect of the TGO’s policy is not designed to punish the victim, but is necessary to protect all Team Members from the increased threat posed by endangering behavior.

NO CONTACT/PROTECTION ORDERS AND EXCLUSIONS

Team Members of the TGO who are protected by a No Contact Order/Protection Order/Restraining Order must immediately:

In circumstances where both the victim and the perpetrator are employed at the TGO, it is the Team Member(s) responsibility to inform the Court of this circumstance and seek a modification of the Court Order to allow for continued employment of both individuals. The TGO will not give preference to either Team Member in this circumstance.

P. WORKPLACE BULLYING

Workplace bullying is considered to be a form of harassment by the TGO. Workplace bullying is the tendency of individuals or groups to use persistent aggressive or unreasonable behavior against a co-worker or subordinate. Workplace bullying can include such tactics as verbal abuse, nonverbal abuse, psychological abuse, physical abuse and humiliation. This type of aggression is particularly difficult because unlike the typical forms of school bullying, workplace bullies often operate within the established rules and policies of their organization and their society.

Specifically, the following types of behavior are examples of bullying:

The TGO has a zero-tolerance policy for bullying in the workplace. If a Team Member observes any bullying type behavior, or they are the victim of this type of behavior, the Team Member should report the incident(s) through their line of communication or Human Resources. Team Members found to have bullied another Team Member or other person will be subject to corrective action, up to and including dismissal.

Q. INSPECTION AND SEARCHES

The TGO reserves the right to conduct workplace searches at any time so long as there is legitimate justification. Law Enforcement may be contacted to assist the organization with inspections and searches. In every situation, the TGO will weigh the legitimate justification versus a reasonable expectation of privacy. Areas subject to search are:

Any refusal to permit an inspection upon request may result in corrective action, up to and including dismissal of employment. The discovery of any violation of any other TGO policy as a result of such a search may also result in corrective action, up to and including dismissal of employment. Any illegal activity discovered during an inspection will be referred to the appropriate law enforcement authorities. The TGO reserves the right to call local law enforcement prior to inspection and ask for assistance with inspection and search.

R. SOLICITATION

No Team Member or business may solicit other Team Members during his/her working time, anywhere on the TGO premises. No Team Member may distribute any written material in working areas, at any time; or non-work areas (i.e. restroom, hallway) during his/her working time without permission. Non-Team Members may not distribute materials or solicit Team Members on TGO premises at any time, unless approved by Human Resources and/or the President/COO.

S. ELECTRONIC COMMUNICATION POLICY

1. PURPOSE

This policy is intended to cover the use of TGO electronic communication resources, which are defined as internet connectivity, network services, mobile telephones or radios, e-mails and fax machines. Electronic communication resources are provided by the TGO in support of the administrative functions to support the primary roles of each office and Team Member. The use of TGO electronic communication resources and network services is a privilege and should be used as such. All work performed on TGO owned and provided equipment and network sources becomes the property of the TGO. The TGO reserves the right to inspect and monitor these resources as necessary to ensure compliance with this and other tribal policies. As such, users of these resources have no expectations of privacy.

2. SECURITY

Security of tribal electronic communications resources and network services is an integral portion of this policy. Security is every user’s responsibility. To further this goal, each user must:

1. Safeguard your user name and password.

2. Never share your user name and password with another individual.

3. Never post or otherwise make readily available your user name or password.

4. If you become aware of unauthorized access, you are required to notify the appropriate supervisor so that corrective action can be initiated.

5. If your user name and password has been compromised, you are required to notify the appropriate supervisor so that corrective action can be initiated.

3. ALLOWABLE USES

Use of tribal electronic communications resources and network services is allowable subject to the following conditions:

a) Non-Competition. Tribal electronic communications resources shall not be provided to individual consumers or organizations outside the TGO except by approval of the Board of Directors. Such services shall support the mission of the TGO and shall not be in competition therewith.

b) Restrictions. TGO electronic communications resources may not be used for:

•    Unlawful activities;

•    Commercial purposes not authorized by the Board of Directors;

•    Personal financial gain except as permitted under applicable written policies;

•    Personal use inconsistent with this section;

•    Uses that violate other TGO policies or laws. This includes, but is not limited to, policies and guidelines regarding intellectual property and sexual, racial, domestic, or other forms of harassment.

c) Representation. The Tulalip Tribes owns all rights to the ownership and use of the “Tulalip Resort Casino, Quil Ceda Creek Casino, and Tulalip Bingo & Slots” name and seal. Users of electronic communications are prohibited from using any TGO name and seal for personal purposes or purposes unrelated to the official operations of the TGO. Users of electronic communications resources shall not give the impression that they are representing, giving opinions, or otherwise making statements or endorsements on behalf of the TGO unless appropriately authorized to do so.

d) False Identity and Anonymity. Users of TGO electronic communications resources shall not, either directly or by implication, employ a false identity (the name or electronic identification of another). However, a Supervisor may direct a Team Member to use the Supervisor’s identity to transact TGO business for which the Supervisor is responsible. In such cases, a Team Member’s use of the Supervisor’s electronic identity does not constitute a false identity. A user of TGO electronic communications resources may use a pseudonym (an alternative name or electronic identification for oneself) for privacy or other reasons, so long as the pseudonym clearly does not constitute a false identity.

e) Interference. TGO electronic communications resources shall not be used for purposes that could reasonably be expected to directly or indirectly cause excessive strain on any electronic communications resources, or unwarranted or unsolicited interference with others’ use of electronic communications resources.

f) Users of electronic communications services shall not:

•    Send or forward electronic mail chain letters or their equivalents;

•    “Spam”, that is, exploit electronic communications systems for purposes beyond their intended scope to amplify the widespread distribution of unsolicited electronic communications;

•    “Letter Bomb,” that is, send an extremely large message or send multiple electronic communications to one or more recipients to interfere with the recipients’ use of electronic communications services;

•    Intentionally engage in other practices such as “denial of service attacks” that impede the availability of electronic communications services;

•    Forward or transmit jokes;

•    Forward or transmit pornographic or lewd materials;

•    Forward or transmit other materials deemed inappropriate by published statement of management, administration or policy makers;

•    Store or retain inappropriate, pornographic, or lewd materials; unsolicited materials such as this must be deleted immediately.

g) Personal Use. TGO users of a TGO electronic communications facility or network services may use that facility or service for incidental personal purposes provided that, in addition to the foregoing constraints and conditions, does not:

•    Directly or indirectly interfere with the TGO’s operation of electronic communications resources;

•    Interfere with the user’s employment or other obligations to the TGO;

•    Burden the TGO with costs. When costs for personal use are incurred, users shall follow TGO procedures for reimbursement to the TGO.

Under no circumstances is the TGO responsible for any loss or damage incurred by an individual as a result of personal use of TGO electronic communications resources.

h) Intellectual property. The contents of all electronic communications shall conform to laws and Tribal policies regarding protection of intellectual property, including laws and policies regarding copyright, patents, and trademarks. When the content and distribution of an electronic communication would exceed fair use as defined by the Federal Copyright Act of 1976, users of TGO electronic communications resources shall secure appropriate permission to distribute protected material in any form, including text, photographic images, audio, video, graphic illustrations, and computer software.

i) Access Restrictions. Access to and use of TGO electronic communications services or electronic communications resources, when provided, is a privilege accorded at the discretion of the TGO. This privilege is subject to the normal conditions of use; including procedures for initiation and termination of access. In addition, access to and use of TGO electronic communications services or electronic communications resources may be wholly or partially restricted or rescinded by the TGO without prior notice and without the consent of the electronic communications user. The TGO reserves the right to suspend or terminate access to TGO electronic communications systems and services by any user who repeatedly violates copyright law.

T. DISPUTE RESOLUTION POLICY

At times you may feel that situations have arisen with your employment with which you do not feel comfortable, or about which you are unhappy. A frank, open discussion between you and your immediate Supervisor or Manager is the best way to resolve these situations, problems or misunderstandings. You should make every effort to resolve your issues within your department. We encourage you to follow the procedure below:

1. Discuss the situation with your Immediate Supervisor or Manager.

2. If you are unable to resolve the problem by speaking with your Immediate Supervisor/Manager, or if the problem is of a personal or confidential nature related directly to your Supervisor/Manager (e.g. harassment complaint), present the problem to the next level of supervision.

3. If you are unable to resolve your situation after following these steps, present your problem in writing to Human Resources. Make sure you identify the reason you are not satisfied with the prior response, and the requested remedy.

Human Resources may either:

a) Recommend conflict resolution/mediation between the parties;

b) Conduct additional fact finding in order to obtain all the necessary information for appropriate leadership to respond to your concern;

c) Forward your concerns to the next level of leadership to appropriately remedy your concerns and/or discuss them with you.

If the problem, concern, situation or misunderstanding involves a person within this review process, you may skip that step and proceed to the next level of review.

All Team Members are assured that they need not fear retaliation or sanctions for using the dispute resolution process in good faith to bring any problem to our attention.

U. SOCIAL MEDIA

PERSONAL AND BUSINESS USE OF SOCIAL MEDIA POLICY

For the purposes of this policy, “social media” is defined as online media applications such as social networking sites, blogs, podcasts, tweets, forums and other online information sources delivered or viewed by computer, smart phone or any other electronic device.

PERSONAL USE OF SOCIAL MEDIA

Team Members may use social media for personal purposes on their own computers or personal electronic devices during non-work time such as authorized breaks, and before or after work. Social media may not be used during work time except as specifically authorized in accordance with this policy.

Team Members are expected to use good judgment in their personal use of social media to ensure that posts, photographs, videos and other content do not violate company policies, including harassment and nondiscrimination policies or the Team Member Confidentiality Agreement. Team Members are expected to obtain permission prior to posting photographs or information about fellow Team Members.

If the TGO becomes aware of social media or any internet content that violates this section, the Team Member will be asked to remove the content and/or may receive corrective action depending on the facts and circumstances of the particular case. This policy does not prohibit Team Members from engaging in and the TGO will not restrict activity protected under applicable federal and tribal law.

BUSINESS USE OF SOCIAL MEDIA

Tulalip may maintain an official presence on specific online media applications in order to promote its image and business. Only authorized Team Members are allowed to create, modify or remove content in these applications, and department heads are responsible for monitoring content to ensure that it meets Tulalip’s professional standards and computer use policy. Copyrighted information cannot be posted unless prior permission has been obtained from the copyright holder.

Individual Team Members may be authorized to utilize particular social media for business purposes. Any use of social media for authorized business purposes must be professional in tone and content, comply with all Tribal policies and not disclose any confidential business information as described in Tulalip’s Team Member Confidentiality Agreement. If a Team Member is unsure whether particular information may be discussed or disclosed he/she is expected to consult with his/her Supervisor or Manager.

V. WORKPLACE SAFETY

Maintaining a safe work environment is an important shared responsibility. We all must take reasonable steps to ensure workplace safety. TGO complies with all applicable Tulalip Tribal and federal safety laws and regulations. You must obey and strictly adhere to all safety rules, and exercise caution at all times in your work activities. You also must immediately report any unsafe conditions to your Supervisor and/or Safety Department. All Team Members are expected to correct unsafe conditions as promptly as possible.

1. ALCOHOL CONSUMPTION POLICY

When you are off the clock at any of our properties, you are considered to be a paying guest; however, our policy continues to hold you accountable as a Team Member while off duty and on the premises. The following restrictions apply for alcohol consumption on any TGO property:

a) Must be 21 years of age or older and possess proper identification.

b) Must be off duty/clocked out.

c) You must not be wearing your uniform or work badge. If you are in your work uniform or wearing your work badge you will not be served alcoholic beverages.

d) You must be considerate of our hotel & casino guests at all times - conducting yourself responsibly and appropriately.

Any Team Member violating the Team Member Alcohol Consumption Policy will be subject to corrective action.

2. DRUG FREE WORKPLACE

Team Members are required to abide by the terms of the Tulalip Tribes Central Drug and Alcohol Code. TGO requires all Team Members to report for work, fit to perform their job duties, and prohibits the abuse or misuse of illegal drugs. Please refer to the Tulalip Tribal Code Chapter 9.35 Drug and Alcohol Free Workplace. You may ask Human Resources for a copy.

3. SMOKING, TOBACCO, AND E-CIGARETTES

The TGO prohibits Team Member smoking and use of tobacco products in our establishments, including Casinos, Bingo & Slots, and Hotel while you are working. This includes, but is not limited to, cigarettes, cigars, tobacco, marijuana and devices such as e-cigarettes, pipes, and vaporizers. The use of these items is prohibited in all buildings owned by the TGO including company vehicles, and is allowed only in designated areas. Marijuana use, while legal, is not permitted while on duty and/or on premises, including break periods.

There is no smoking allowed within 25 feet of TGO buildings, except at designated areas. Each property has designated smoking areas for Team Members. These will be communicated in writing to Team Members by management of each property.

4. ACCIDENTS

No matter how insignificant an injury may seem at the time, notify your Supervisor, Security Department, and/or Safety Department if you suffer any injury while on the job and complete the documentation to report your injury and file a claim for Worker’s Compensation as necessary.

5. MEDICAL EXAMINATIONS

The TGO may require that you have your physician provide us with information regarding your fitness for work (also known as fitness for duty). In addition, the TGO may require a medical examination by a physician we designate to determine your fitness for duty. These examinations will be conducted at times we specify and will be paid by the TGO.

6. WEAPONS

You are prohibited from bringing weapons onto TGO premises. You are prohibited from having weapons readily accessible, for instance, in a vehicle driven to work. This applies to all weapons of all kinds, including guns, knives, and related paraphernalia such as ammunition. Carrying mace, or pepper spray, or the like for defensive purposes, however, is not a violation of this policy.

W. TEAM MEMBER GAMBLING

The President/COO will inform Team Members, in writing, what is authorized and unauthorized, for all departments. The following restrictions will apply to any/all Team Member Gambling at any property of the Tulalip Gaming Operation.

Any Team Member found gambling in violation of the President/COO’s written instruction, or in violation to the above restrictions will be subject to Corrective Action.

X. TEAM MEMBER THEFT

TEAM MEMBER THEFT DEFINED: Team Member theft is defined as any stealing, use or misuse of an employer’s assets, or assets of a co-worker or guest, without permission. The term employer’s assets is important because it implies that theft involves more than just cash. Below are some of the different assets that Team Members normally steal from their employers:

Below are some examples of different methods of theft, however this list is not all inclusive:

A Team Member found to have committed theft by stealing or misuse of an employer’s assets, or assets of a co-worker or guest without permission, will be subject to corrective action, up to and including dismissal. Additionally, the Team Member will be subject to the TGO No Rehire Policy.

THEFT OF TIME DEFINED. Theft of time occurs when a Team Member is paid for time that he/she did not work. This usually happens through falsifying timekeeping records, or when Team Members are not working while on the job.

The following are forms of Theft of Time and are considered Level I infractions, and subject to any corrective action up to and including dismissal in accordance with the procedures described herein. A Team Member may be found in violation of Theft of Time if he/she commits the following:

a. Excessive Personal Time. When a Team Member spends excessive time making personal calls to deal with personal and home situations, or spends time checking and sending email that is non-work related. This does not include incidental use or emergency situations.

b. Internet Theft Time. When a Team Member spends excessive time using technology for non-work-related purposes. This includes browsing the Internet, spending time on social networking sites and texting during work hours, but does not include incidental use or emergency situations.

c. Over-Extended Breaks. When a Team Member takes too much time on their given breaks (i.e. leaving for break early and coming back from break late), or when Team Members take more breaks in a shift than they are allowed.

The following is a form of Theft of Time and is considered a Level II infraction, and subject to any corrective action up to and including dismissal in accordance with the procedures described herein. A Team Member may be found in violation of Theft of Time if he/she commits the following:

a. Time Card Theft or Time Clock Theft. When a Team Member does not show up for his/her shift at work, but another person or Team Member punches in and out for them that day; or a Team Member who clocks in/out, but leaves the property and does not work. It would be considered time card fraud and not being truthful about the amount of hours worked in a single shift by falsifying records.

In some cases, a former Team Member dismissed for theft of time, may be rehired by the TGO, subject to agreement by the appropriate Department Manager/Executive and President/COO, with the stipulation that the Team Member will pay restitution to the TGO, prior to rehire, for hours paid that were not worked. The TGO may re-hire under the same conditions without pre-payment of restitution, but only if the former Team Member agrees to a bi-weekly payroll deduction. The goal of wage deductions will be to pay off the debt as quickly as possible, and the amount will be determined based on amount owed and Team Member’s wages in the position. A minimum of 15% of the Team Member’s gross wages will be required to apply towards restitution. The former Team Member will also be subject to the terms outlined in a Conditional Rehire Agreement.

Team Members dismissed a second time within a ten (10) year period of time for Theft of Time will not be rehired by the TGO.

Theft violations are subject to Section VIII.X. and XI. Corrective Action (A)(B)(C) guidelines.

Y. FOUND MONIES AND PROPERTY

When a Team Member finds any TGO monies in the form of cash, slot play ticket(s), or cheques, on property, he/she will turn it in to the Employee Services window located at the Main Cage. The cashier will complete the “Found Monies Log” taking down the Team Member’s name that found the money and badge number, the location where the money was found as well as any other pertinent information.

If a Team Member finds personal items, i.e. I.D. cards, phones, glasses, hand bags, etc., these items will be turned in to the Security Office or Security Officer, who will ensure these items are brought to Lost and Found.

TGO Team Members are not allowed to keep any found monies or personal property. Doing so will be considered a form of theft and cause for corrective action, up to and including dismissal.

This policy applies to all Team Members on or off duty. Any additional questions should be directed to your immediate supervisor or the Human Resources Department.

IX. PERFORMANCE EVALUATIONS

A. FREQUENCY OF EVALUATIONS

The performance of all Team Members should be reviewed in accordance with the established schedule outlined below:

1. Annually, on the Team Member’s anniversary date.

2. If the Supervisor or the appropriate Department Manager deems it necessary or appropriate.

B. PERFORMANCE REVIEW INTERVIEW

Each Team Member, when a review has been completed, may upon request be given the benefit of a private performance review. The purpose of the private interview is to review the ratings and discuss the Team Member’s job performance. The Team Member will sign the evaluation form, indicating the evaluation has been explained and discussed.

X. FURLOUGH, LAYOFF AND REDUCTION IN FORCE

A. FURLOUGH

A furlough is mandatory time off from work without severing the employer-employee relationship, when circumstances arise requiring the TGO to request all or some of its work force to stay home. Furlough can be a temporary period of unpaid time off from work, or a reduction in hours worked, i.e. reducing work schedule from 5 days to 4 days per week.

All Team Members, including regular, full-time, part-time, contract, seasonal and temporary Team Members may be subject to a furlough.

If possible, notice of a furlough shall be issued in writing to the Team Members two weeks before the start date. A furlough may be issued immediately in writing to staff when there is an unforeseen emergency, act of God, or extenuating circumstances which prevents the TGO from issuing notice prior to instituting the furlough. The TGO reserves the right to amend the furlough parameters at any time if evolving circumstances warrant changes.

Any Team Member who is on Qualified Medical Leave (QML), Leave without Pay (LWOP), or Maternity/Paternity Leave, at the time of furlough shall have their QML, LWOP, or Maternity/Paternity Leave halted for the duration of their furlough, and it may resume when they are recalled to work. For furloughed Team Members who are on Conditional Rehire Agreements, Last Chance Agreements (LCA), or in their probationary period, the time which you spend on furlough will not count toward the completion of your Conditional Rehire Agreement, LCA, or probationary period; the original end date will be extended for the length of time you were on furlough.

Team Members will be recalled to return to their positions as business needs require. It is possible all Team Members may not return to work at the same time, and Team Members may be offered alternative positions, to meet the needs of the business and return Team Members back to the workforce sooner. Tribal Preference, seniority, and skill set will be factors in deciding who will return to work. Some Team Members may be temporarily recalled and re-furloughed prior to returning to their previous full or part time position.

B. LAY OFF

Conditions may arise which necessitate the termination of a Team Member or a decrease in the work force. The President/COO, after consultation with the Department Executive, and with two weeks’ written notice, may separate a Team Member due to reorganization, lack of funds, the curtailment of work, or job abolishment. A shorter period of notice may be given to a Team Member under extenuating circumstances and when in the best interest of the TGO.

C. REDUCTION IN FORCE

In the event that a cutback in the workforce becomes necessary, the President/COO and Department Executive will determine which jobs will be affected and will notify those Team Members in writing. Such cutbacks in the workforce shall give mandatory preference in retention of Team Members to those entitled to Tribal and Indian Preference with first preference given to members of the Tulalip Tribes and then to others with Tribal or Indian Preference status (refer to Tulalip Employment Code Chapter 9.25 Preference categories). Thereafter, retention will be given on the basis of seniority or a combination of overall seniority, performance and/or skill set.

1. PROCEDURES

The following procedures will apply to all reductions in force:

a) The President/COO and Department Executive will administer the reduction in force.

b) The President/COO and Department Executive will determine how the reduction in force will affect the work force, whether by position or department.

c) The President/COO will determine the order of layoff.

d) Affected Team Members will be notified in writing.

2. CONDITIONS FOR REASSIGNMENT

When administering a reduction in force, TGO will offer reassignments/assignments where possible, based on operational needs and economic conditions.

a) Offer of Reassignment

When and where possible, a Team Member in good standing, serving under a regular appointment, may be offered a reasonable offer of reassignment, if such an offer is immediately possible and the Team Member is qualified to do the available work. A Team Member will receive the same salary he/she was receiving before the reduction in force;

b) Assignment to Lower Level Position

The President/COO may reassign a Team Member to a vacancy in a lower level position and at a lesser salary, provided the Team Member is qualified to perform the work and agrees to the reassignment.

D. RECALL

Regular Team Members involuntarily separated from the work force through no fault of their own (i.e. furlough, layoff, RIF, job abolishment) may be recalled to work to the Team Member’s former position or an alternate position, if the former position is not available. A Team Member recalled within one-hundred eighty (180) days of release, shall retain the anniversary date of hire held prior to the release. Team Members recalled after 180 days may have their time bridged at the discretion of the President/COO.

XI. CORRECTIVE ACTION

A. PURPOSE

The purpose of Corrective Action is to obtain a level of Team Member performance and productivity which meets TGO standards. It is the duty of your Supervisor to observe and manage Team Member behavior, coach, counsel, train and issue corrective action when appropriate.

B. POLICY

Team Members are expected to conform to certain standards of conduct. There may be incidents of misconduct which require Corrective Action to be taken. While it is impossible to provide rules or guidelines for every type of situation, the following general guidelines are means to assist Team Members in conforming their conduct to TGO standards.

This Corrective Action section also serves as a guideline to assist in determining the appropriate action needed in a particular situation. Other infractions are listed throughout this policy, and may be contained in department policies and procedures, manuals, regulations, etc.

In many instances, management will engage in a Corrective Action process where, in its discretion, a Team Member’s conduct or deficiency in performance does not warrant immediate dismissal. This process provides a number of options for Corrective Action, examples of which are set forth below. The process might also include a mandatory referral to the Team Member Assistance Program in lieu of or in addition to any Corrective Action up to and including dismissal.

There is no requirement that the process be followed in any individual circumstance or that it begin or continue at any particular step. Certain types of Team Member problems or infractions are serious enough to justify skipping steps in the Corrective Action process, up to and including dismissal.

Although there is no way to identify every possible violation of standards of conduct, the following is a partial list of infractions which may result in corrective action, up to and including dismissal.

1) GENERAL RULES OF CONDUCT – LEVEL I INFRACTIONS: GROUNDS FOR CORRECTIVE ACTION

a) Horseplay, throwing things, practical jokes, disorderly conduct or other inappropriate conduct - whether verbal or written.

b) Failure to get along with fellow Team Members to the extent that work being performed is hindered or below required standards.

c) Use of TGO material, time, or equipment for the manufacture or production of an article for unauthorized purposes, or for personal use or being wasteful of TGO materials, property, or working time.

d) Inefficiency, incompetence, negligence, or carelessness in the performance of duties, including failure to perform assigned tasks, failure to fulfill duties in a prompt, competent, and reasonable manner.

e) Unauthorized personal acceptance of a fee, gift, or other valuable items in the course of the Team Member’s work for the TGO.

f) Any action or inaction which is a hindrance to the effective performance of TGO functions or reflects discredit upon the TGO.

g) Failure to call both lines – the Team Member Call In Line and the designated Department Call-In Line when reporting an absence or late arrival to work.

h) Working overtime without prior approval.

i) Failure to attend required meetings and/or training.

j) Any violation of the established work rules in this policy manual.

k) Shortages or overages in cash, chips, or other inventories or assets over which you have responsibility.

l) Clocking in or out for another Team Member, or having another Team Member clock in or out for you.

m) Soliciting, hassling, or conniving to indicate that a gratuity, toke or tip is required or expected for any service; or indicating in any way that a gratuity, tip, or toke is not sufficient.

n) Any Team Member in a supervisory position or above who accepts a gratuity from a guest.

o) Conduct involving obscene or abusive language.

p) Gossip or spreading rumors about Team Members or others.

q) Sleeping on duty, no danger to others or property.

r) Damage to TGO property through carelessness, negligence, or misuse.

s) Violation of any employment rule, including the rules, regulations and procedures of your department.

t) Unsatisfactory job performance as determined by the employer, documented through a performance appraisal.

u) Off duty misconduct that materially and adversely affects job performance or tends to bring discredit to the TGO as determined by Management.

v) Lending money to or borrowing money from Team Members; or passing funds to others while on duty on the gaming floor.

w) Violation to the Team Member Gambling Policy.

x) Unauthorized purchasing or consuming of alcoholic beverages on TGO premises while on or off duty.

y) Improper possession or use of any TGO key, including but not limited to losing, misplacing, loaning, duplicating, altering, or removing from an authorized area any TGO or Master Key. Failure to immediately report a missing key to your Supervisor.

z) Engaging in a conflict of interest activity.

aa) Excessive absenteeism or tardiness.

bb) Taking unauthorized or extended breaks or meal periods.

cc) Poor guest service, internal or external; including failure to follow Six Commitments.

dd) Reporting to work in violation of the dress code policy.

ee) Leaving the worksite without authorization.

ff) Violation to the Employment Preference Policy.

gg) Failure to report an on-the-job injury.

hh) Failure to abide by call-in procedures.

ii) Any action or inaction determined by the TGO to be grounds for corrective action.

2) GENERAL RULES OF CONDUCT – LEVEL II INFRACTIONS: GROUNDS FOR IMMEDIATE SUSPENSION OR DISMISSAL

a) Falsification of TGO records, including but not limited to: forms, records or reports, time cards, application materials, and doctor’s notes.

b) Filing false claims and/or statements.

c) Unauthorized possession of TGO, Team Member or guest/visitor’s property.

d) Fraud, theft, or attempt to commit theft. Theft includes:

•    Theft of money

•    Theft of time

•    Theft of supplies

•    Theft of merchandise and company property

•    Overcharging guests and pocketing extra cash, and other forms of manipulating guest transactions to pocket extra cash

•    Information.

e) Carrying or having possession of weapons or explosives, on your person or on the premises.

f) Violations of criminal laws or conviction of a felony while employed by the TGO.

g) Misappropriation of assets.

h) Insubordination, refusal to comply with instructions, or failure to perform duties to which assigned.

i) Unauthorized release of confidential information.

j) Use of religious, political or fraternal influence at any time while on TGO property.

k) Being absent from work without permission or leaving work without permission.

l) Use, possession, sale, purchase or being under the influence of alcoholic beverages, drugs, or other intoxicants at any time while on TGO paid time. NOTE: This includes the abuse of prescription drugs and the non-reporting of prescription drugs which may create a safety problem for the Team Member, co-workers, and/or the public.

m) The harassment or sexual harassment of any Team Member or non-Team Member.

n) Harassment or discrimination of any Team Member or non-Team Member due to his/her membership in any protected class (i.e. sex, race, color, age, religion, disability, etc.).

o) Any conduct involving verbal, written, and/or physical assaults to anyone.

p) Fighting or using physical force against another person, except in the performance of particular assigned work, such as security work.

q) Any type of fraud, dishonesty, or deception, whether or not such constitutes a crime and whether or not there has been an arrest or conviction for any crime.

r) Failure to return to work as scheduled after any approved leave of absence.

s) Possession of firearms, dangerous weapons, or explosives.

t) Recording or taking photos on the gaming floor, or of guests or Team Members without authorization or consent.

u) Rude, discourteous, offensive, abusive language or conduct – written or verbal - towards supervisors, other Team Members, or guests of the TGO.

v) Threatening, intimidating, or coercing another Team Member or guest.

w) Sleeping on duty, danger to others or property.

x) Willful destruction, misuse or damage of property, funds or assets of the TGO, another Team Member, guest or customer.

y) Failure to secure TGO vehicle, equipment, money, assets, or other property, and/or leaving items unsecured or unattended.

z) Suspended, revoked, or expired license where occupation requires the possession of such certification.

aa) Interfering or failing to cooperate with the Security or Surveillance Department, or any other regulatory or law enforcement authority; or failing to cooperate with or otherwise hinder an internal investigation.

bb) Any Team Member issued a Permit by the Tribal Gaming Agency, who is convicted of a crime involving any gambling activity; dishonesty or theft; forgery; larceny; extortion; conspiracy to defraud; moral turpitude; bribery, or otherwise unlawfully influencing, a public official or Team Member of the Tribe, any state or the United States; any felony involving assault, physical harm, physical violence or moral turpitude.

cc) Any Team Member issued a Conditional Permit by the Tribal Gaming Agency who violates the terms outlined in their Conditional Permit.

dd) Failure to meet job requirements, i.e. failure to maintain required certification/license, failure to pass required testing for position.

ee) Giving or lending money to, or borrowing money from TGO guests.

ff) Any act or conduct in violation of the Work Place Violence Policy, Work Place Bullying Policy, Electronic Communication, Social Media Use Policy, or any other policy of the TGO currently in effect or implemented in the future.

gg) Acting outside of authority.

hh) Failure to follow through or complete EAP when mandated by the TGO.

ii) Failure to comply with mandatory deposit of tips as required by payroll in accordance with Internal Controls, 1.245. (B) and/or (C).

jj) Non-compliance or disregard of health or safety rules and/or policies or any conduct that is unsafe in nature; creating or contributing to unsanitary, or hazardous conditions.

kk) Driving or parking improperly or unsafely on TGO premises.

ll) Acts of gross negligence or gross misconduct.

mm) Any action or inaction determined by the TGO to be grounds for suspension or dismissal.

C. PROCEDURES

As stated above, depending upon the facts and circumstances involved in each situation, management may choose to begin Corrective Action at any of the following steps and follow any sequence deemed appropriate. We reserve the right to start at any level and the right to skip levels when we determine it to be warranted.

Notices without proper signatures shall be invalid. A notice without Team Member signature shall nevertheless be valid if marked “Team Member refused to sign” or “unavailable to sign.” If the notice is marked “unavailable to sign,” the notice must be mailed by certified and regular mail to the last address on record and the return receipt, if received, must be included in the personnel file along with the notice.

It is the Team Member’s responsibility to keep their employment records updated with current and accurate contact information. Lack of delivery of a certified letter sent to your address on record shall not cause the notice to be determined ineffective.

The TGO’s goal is to complete all Corrective Actions within 20 days of discovery of the event or events for which the Corrective Action is being taken; or if the event leading to Corrective Action requires investigation, from the date that the investigation is considered complete. The following forms of Corrective Action may be utilized.

All corrective action notices will be filed in your personnel file. Most Corrective Actions are “active” for one year in the personnel file, unless otherwise stated in this policy or other approved policy. Active means that the Corrective Action may be considered for employment related matters, i.e. future Corrective Actions, employment background checks, review for dual rate/detail/transfer opportunities, etc.

After one year (or other defined timeframe), a Corrective Action will become “inactive” in the file. Corrective actions are never removed from the file, however, once inactive they may no longer be considered for potential Corrective Actions, or dual rate, detail and promotional opportunities.

1. DOCUMENTED VERBAL DISCUSSION

For minor infractions, you may receive a Verbal Discussion. A Verbal Discussion will still be documented as a “Verbal Discussion” and will be put into writing, using the prescribed Documented Verbal Discussion form, with signature of the Department Supervisor. The Supervisor will meet with you and discuss the reasons for the corrective interview and present the Documented Verbal Discussion. Specific suggestions for corrective action should be given to you. You will sign the report to acknowledge that the interview occurred. The Verbal Discussion will be placed in the personnel file. Documented Verbal Discussion notices will remain active in your personnel file for a period of twelve months from the date of issue. Documented Verbal Discussion notices may not be appealed through the appeal procedures described in this policy.

2. WRITTEN WARNING

The TGO may also start the Corrective Action process with a formal Written Warning. The Department Supervisor, with the approval of the Department Manager, shall issue a Written Warning notice to you. Warning notices must be in writing, using the Team Member warning notice form, with signatures of the Department Supervisor and Department Manager. The Supervisor will meet with you and discuss the reasons for the Written Warning. Specific suggestions for corrective action should be given to you. Written Warning Notices will remain active in your personnel file for a period of twelve months from the date of issue, unless otherwise specified in this handbook or other policy. Written Warning notices may not be appealed through the appeal procedures described in this policy.

3. SUSPENSION WITHOUT PAY

The TGO may suspend you, without pay, for up to fifteen days, with the approval of the Department Supervisor, Department Manager/Executive, and Human Resources. The TGO reserves the right to suspend you without pay for any infraction deemed necessary.

Notices of Suspension without Pay must be in writing using the prescribed Suspension without Pay form, with signatures of the Supervisor and the Department Manager/Executive. On or before the date of the suspension, the Supervisor will deliver a suspension notice to you, setting forth reasons for the suspension. Suspensions without Pay may be appealed through the appeal procedures described in this policy. You may not use paid personal leave during the suspension period. A Notice of Suspension shall remain active in the Team Member’s file for a period of twelve (12) months unless otherwise specified in this Handbook.

Supervisors and/or Managers shall not schedule Team Members for overtime or regular days off during the same pay period to make up for lost hours, or engage in any scheduling activity of any form to make up for lost hours.

** Suspension without Pay actions issued for any form of harassment, bullying, or workplace violence shall remain active in a Team Member’s personnel file for a period of five (5) years and may be considered for any employer decision regarding Team Member advancement, demotion, employment or corrective action.

4. CONTRACT FOR CONTINUED EMPLOYMENT

A Contract for Continued Employment may be offered to a Team Member, with the written approval of the Department Supervisor, Manager, and concurrence of the President/COO. A Contract for Continued Employment may be offered for either 1) Attendance or 2) Non-Attendance violations. The Contract for Continued Employment will serve as an alternative to dismissal, to allow a Team Member one final opportunity to correct their conduct, attendance, and/or performance. The Contract for Continued Employment will list all the conditions that must be met for a Team Member to continue working for the TGO. If a Team Member signs this agreement and meets all of the conditions, the Team Member will be allowed to continue employment, as long as the conditions of the agreement are met and all other conditions of working for the TGO. That Contract for Continued Employment will be active for a six (6) month period. Once the six (6) month period is complete, Contract will be considered inactive.

As the Contract for Continued Employment is an alternative to dismissal, a Team Member who refuses or chooses not to sign the Contract and meet all of the conditions shall be dismissed from employment. A Contract for Continued Employment shall be in writing and also include signatures of the Supervisor, Department Manager, and President/COO. The Contract for Continued Employment will be placed in the Team Member’s personnel file. Contracts for Continued Employment are not appealable through the appeal procedures outlined in this policy.

A Team Member who has signed any other form of Contract for Continued Employment will not be offered a Contract for Continued Employment in lieu of dismissal (i.e. Conditional Rehire Agreement, Drug and Alcohol Last Chance Agreement, or Contract for Continued Employment for other employment violations).

5. DISMISSAL

Your Supervisor, with the approval of the Department Manager/Executive and the President/COO, may dismiss you for multiple infractions, an infraction listed in Section XI.B.2. above, or for any particularly egregious infraction. The TGO reserves the right to dismiss your employment at any time for any infraction deemed necessary. Dismissal Notices must be in writing, using the Dismissal Notice form, with signatures of the Supervisor, Department Manager/Executive, and President/COO. Signatures must be on the Notice prior to issuance, signifying approval. The Dismissal Notice will be placed in your personnel file. A regular Team Member, dismissed from employment, may appeal the dismissal through the prescribed appeal procedures (unless prohibited in other sections of this policy). A dismissed Team Member may contact the Human Resources Department to receive the appropriate appeal notice form.

Team Members dismissed from employment will not be considered for rehire with the TGO until at least ninety (90) days have passed since the date of dismissal. Team Members dismissed for Conditional Rehire violations or serious violations which include, but are not limited to theft, dishonesty, and harassment, will be subject to different terms outlined in this policy manual, Chapter V. subsection I.

6. INVESTIGATIVE SUSPENSION

You may be placed on an Investigative Suspension when an event occurs that could lead to suspension or dismissal. The Department Manager may immediately suspend you, and you may be required to immediately leave the premises. The Department Manager will report the suspension to Human Resources immediately, and the investigation will begin. An investigation will be conducted and reviewed prior to any Corrective Action being determined. Compensation during the investigation, if any, will be at the discretion of the Department Executive and President/COO. Upon completion of the investigation, the Department Manager will recommend either to:

1. Reinstate with full back pay; or

2. Reinstate with partial back pay; or

3. Reinstate without back pay; or

4. Dismiss.

Should compensation be provided during the suspension, back pay will not be awarded if you are reinstated after the investigation. A Team Member reinstated with either partial back pay, or without back pay, may have the incident documented in their personnel file as a Suspension without Pay. A Team Member reinstated may also be subject to other Corrective Action.

7. DEMOTION

A Department Manager/Executive, with approval of the President/COO, may demote you due to inefficiency in performance or as a disciplinary measure, when other corrective measures have been ineffective, or for a violation of XI.B.2. of this policy. Nothing in this policy precludes management from dismissing, rather than demoting you, if dismissal is warranted.

DEFINITION

A demotion occurs when a regular Team Member of the TGO is relocated from their regular position, and placed into an alternate position of lower responsibility, skill requirements and rate of pay due to inefficiency in performance or as corrective action.

NOTE: If the change results from a mutual agreement between you and the TGO (e.g. choice of the Team Member, organizational needs, such as reorganization or reduction in force, or other mutually agreed upon arrangement), the action is considered a reassignment.

CAUSE FOR DEMOTION

The Department Manager/Executive with the approval of the President/COO may demote you under the following circumstances:

a) Job Performance

(1) When you are unable to perform the duties of the position satisfactorily, and

(2) When you have received a performance appraisal documenting the unsatisfactory job performance.

-OR-

b) Corrective Action - In lieu of dismissal.

PROCEDURE

a) The President/COO, or designee, and the Department Manager/Executive shall meet with you, and discuss the reasons for the Demotion. A written notice shall also be issued to you, outlining reasons for the Demotion.

b) A Team Member demoted shall receive a pay rate in the range established for the position in which they are being placed. Rate of pay shall be at the discretion of the President/COO.

c) The Team Member subject to Demotion shall be required to complete a probationary period of sixty calendar days in the new position.

d) A Team Member demoted shall have rights to the appeal process as outlined in this policy.

D. APPEALS

1. FILING

Regular full-time and part-time Team Members who have been Suspended without Pay, Demoted, or Dismissed from employment, may file an appeal with the Appeals Hearing Officer. Also, regular full-time and part-time TGO Team Members, who have been dismissed under the Tulalip Tribes Drug and Alcohol-Free Workplace Code, are eligible to file an appeal. Appeal Notice Forms are available with the Human Resources Department and may be attached to the Suspension, Dismissal, or Demotion Notice.

Appeals must be submitted to the Human Resources Office using the Appeal Notice Form within five (5) business days of receipt of written notice of Suspension or Dismissal. Appeals must be turned in by the Team Member filing the appeal. Human Resources may also accept documents sent electronically.

The Appeals Hearing Officer will not hear appeals for the following reasons:

a) Dismissals caused by Tribal Gaming Agency License Revocation or permit ineligibility;

b) Suspensions, Demotions and/or Dismissals issued during a Team Member’s probationary period; or if a Team Member is on-call or temporarily employed;

c) Separation of employment due to re-organization or Reduction in Force;

d) Drug and Alcohol Free Workplace Code (only Dismissals may be appealed).

The written notice of appeal shall contain the following:

a) Your name and address;

b) Name of your Supervisor/Manager;

c) Date you were notified of Suspension or Dismissal and how you were notified;

d) Sufficient and pertinent facts and information regarding the action for appeal;

e) The relief requested;

f) List of witnesses requested to attend the hearing (up to two witnesses may be allowed);

g) All supporting documentation.

2. APPEALS HEARING OFFICER REVIEW

The appeal will be reviewed by an Appeals Hearing Officer.

The Appeals Hearing Officer shall make a determination as to whether the filing procedures have been complied with, and if they have, a hearing shall be granted. If the filing procedures have not been complied with, the hearing shall be denied. The decision of the Appeals Hearing Officer on proper filing is final. The determination must be made within three (3) business days of the filing.

3. SCHEDULING OF APPEALS HEARING

If the filing procedures have been complied with, a hearing shall be scheduled for the current calendar month or the following calendar month, based on the availability of the Hearings Officer. Generally, Hearings are held in person in one of the conference rooms at the Tulalip Resort. In some cases, hearings may be held via Zoom Meeting, and/or witnesses may be allowed to testify by phone. These options can be discussed with the Appeals Coordinator.

A continuance may be granted on the motion of the parties. If a dismissed Team Member requests a continuance of the hearing, they shall not be entitled to back pay and benefits from the date of the first scheduled hearing to the date the matter is actually heard, unless the TGO agrees to back pay for this period.

Team Members may choose a non-legal, non-Team Member spokesperson, to assist them during the Appeal Hearing Process. Team Members are not allowed to represent or act as a Spokesperson for other Team Members in a TGO Hearing, with the exception of a Leadership Member representing the TGO in an employment hearing as a part of their regular duties.

4. WITNESSES

Both the Team Member and the TGO may call witnesses to the Hearing. Both parties will be allowed up to two (2) witnesses to testify, with relevant and pertinent information to the appeal. Witnesses called to hearing will be compensated their regular wages for their time. Team Members called as a witness should clock in and out if reporting to a hearing outside of their regular work hours.

5. EVIDENCE

The hearing will be adversarial in nature and may include written and oral testimony from the Team Member, Department Manager and/or Supervisors, and their witnesses.

6. BURDEN OF PROOF

The Corrective Action shall be upheld if the evidence and testimony show there was a reasonable basis for taking Corrective Action. The Team Member has the burden to prove otherwise.

7. DECISION

The Appeals Hearing Officer will render a written decision within five (5) business days after the hearing. Notice of the decision will be sent to the Human Resources Department, who will forward a copy to you and your Supervisor or their representatives.

The Appeals Hearing Officer is given authority to award the following relief:

a) Uphold the Suspension, Demotion, or Dismissal issued by the TGO;

b) Overturn the Suspension, Demotion, Dismissal issued by the TGO;

c) Reduce the Suspension, Demotion, Dismissal to one at a lower level (e.g., from a Dismissal to a Suspension without Pay); and/or

d) Award back pay and benefits, subject to section XI.D.3. above. (Medical and Dental benefits can only be reinstated retroactively for the preceding six-month period.)

The Appeals Hearing Officer does not have the authority to order relief beyond the scope of the appeal.

If the TGO is found to have followed the TGO Handbook and you are found to have committed the violation for which you were suspended, demoted, or dismissed, the decision of the TGO shall be upheld.

8. ADMINISTRATIVE REVIEW

Either party to an Appeals Hearing proceeding may appeal any final decision of the Appeals Hearing Officer. The requested appeal shall be in writing and filed with the appropriate Human Resources Department on the designated Petition for Administrative Review Form. The appeal of the Hearing Officer’s decision must be filed within five (5) business days from the date of the decision of the Appeals Hearing Officer. All documents filed will be delivered, in person, or by certified and regular mail, to the last address of record, to the other party.

The third-party Administrative Review Officer shall issue a Scheduling Order which shall include deadlines for both parties’ briefs following the filing of a Petition for Administrative Review. The third-party Administrative Review Officer shall allow for both sides to submit a five (5) page brief on appeal. There will not be an additional hearing. The third-party Hearings Officer shall consider the briefing and the evidence and testimony from the hearing and will make a decision.

The third-party Administrative Review Officer will issue a decision to uphold, modify, or reverse the Appeals Hearing Officer’s initial order where the decision is found to be unsupported by the evidence and/or testimony provided. This decision will be issued upon the date confirmed in the Scheduling Order.

The decision of the Administrative Review Officer is final and binding on all parties.

XII. CONCLUSION

We welcome you to the Tulalip Gaming Operation. We are excited to have you on our Team. We hope this Handbook answers your questions regarding your employment, however if you have further questions, please feel free to discuss them with your Supervisor, or contact the Human Resources Department at 360-716-1502, or stop in and see the Human Resources Specialist assigned to your work area.