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HomeMy WebLinkAboutResolutions - 1972.12.21 - 10076The Personnel Practices Committee, December 21, 1972 REPORT By Mr. Mainland IN RE: RESOLUTION #6170, AFL-C10 CONTRACT FOR CASEWORKER EMPLOYEES OF THE OAKLAND COUNTY PROBATE COURT, and RESOLUTION #6171, AFL-CIO CONTRACT FOR -NON-CASEWORKER EMPLOYEES OF THE OAKLAND COUNTY PROBATE COURT To the Oidand County Board of Commissioners Mr. Chairman, Ladies and Gentlemen: by William L. Mainland Cha!rdn, reports Miscellzneous Resolution No.6170 & #6171with the ruecmmendatIon that the resolutiorg, be adopted. PERSONNEL PRACTICES COMMITTEE William L. Mainland, Chairman - ALEXANDER C. PERINOFF, CHAIRMAN /7 RE: BY: December 21, 1972 REPORT MISC. RES. #6170, AFL-CIO CONTRACT FOR CASEWORKER EMPLOYEES OF THE OAKLAND COUNTY PROBATE COURT & MISC. RES.#6171,AFL-C10 CONTRACT FOR NON-CASEWORKER EMPLOYEES OF THE OAKLAND COUNTY PROBATE COURT FINANCE COMMITTEE - Alexander C. Perinoff, Chairman TO: THE OAKLAND COUNTY BOARD OF COMMISSICNERS Mr. Chairman, Ladies and Gentlemen: Pursuant to Rule 11-C of this Board, the Finance Committee finds the sum of $115,943 available within the 1973 Personnel Portion of the recommended 1973 County Budget. FINANCE COMMITTEE William L. Mai Chairman December 19, 1972 RESOLUTION NO. 6170 RE: AFL-CIO CONTRACT FOR CASEWORKER EMPLOYEES OF THE OAKLAND COUNTY PROBATE COURT BY: PERSONNEL PRACTICES COMMITTEE TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS MR. CHAIRMAN, LADIES AND GENTLEMEN: WHEREAS, the County of Oakland, the Caseworker Employees of the Oakland County Probate Court and Local 2437, American Federation of State, County and Municipal Employees, AFL-CIO, have been negotiating a Contract covering the employees in the Oakland County Probate Court; and WHEREAS, an Agreement has been reached and reduced to writing; and WHEREAS, said Agreement has been reviewed by your Personnel Practices Committee which recommends approval of the Agreement; NOW THEREFORE BE IT RESOLVED that the Agreement between the County of Oakland, the Caseworker Employees of the Oakland County Probate Court and Local 2437, American Federation of State, County and Municipal Employees, AFL-CIO, be and the same is hereby approved; and that the Chairman and Clerk of this Board, on behalf of the County of Oakland, be and they are hereby authorized to execute said Agreement, a copy of which is attached hereto. The Personnel Practices Committee, by Mr. William L. Mainland, Chairman, moves the adoption of the foregoing resolution. PERSONNEL PRACTICES COMMITTEE December 19, 1972 RESOLUTION NO, 6171 RE: AFL-CIO CONTRACT FOR NON-CASEWORKER EMPLOYEES OF THE OAKLAND COUNTY PROBATE COURT BY: PERSONNEL PRACTICES COMMITTEE - Mr. Mainland TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS MR. CHAIRMAN, LADIES AND GENTLEMEN: WHEREAS, the County of Oakland, the Non-Caseworker Employees of the Oakland County Probate Court and Local 2437, American Federation of State, County and Municipal Employees, AFL-CIO, have been negotiating a Contract covering the employees in the Oakland County Probate Court; and WHEREAS, an Agreement has been reached and reduced to writing; and WHEREAS, said Agreement has been reviewed by your Personnel Practices Committee which recommends approval of the Agreement; NOW THEREFORE BE IT RESOLVED that the Agreement between the County of Oakland, the Non-Caseworker Employees of the Oakland County Probate Court and Local 2437, American Federation of State, County and Municipal Employees, AFL-CIO, be and the same is hereby approved; and that the Chairman and Clerk of this Board, on behalf of the County of Oakland, be and they are hereby authorized to execute said Agreement, a copy of which is attached hereto. The Personnel Practices Committee, by Mr. William L. Mainland, Chairman, moves the adoption of the foregoing resolution. PERSONNEL PRACTICES COMMITTEE 1/1117am L. 1+1'107r-143nd, Chslirman Moved by Mainland supported by Patnales the resolution be referred to the Finance Committee. There were no objections. The resolution was referred. A THE OAKLAND COUNTY Pa0BATE COURT AND THE COUNTY OF OAKLAND AND THE AMERICAN FEDERATION OF STATE, COUNTY AND nUNICIPAL HIULOYEES ,, AFL-CIO COUNCIL 23 PROBATE COURT NON-CASFORKER EY_PLOYEES Collective Bargaining Agrecm,2nt 1973 day of , A. D., 1973, by and between Iiin11/1/1111/8/Sr AGREEMENT This agreement is made and entered into on this the Oakland County Probate Court and the Oakland County Board of Commissioners, hereinafter referred to collectively as the "Employer", and Local 243 7, American Federation of State, County and Municipal Employees, AFL-CIO, hereinafter referred to as the "Union". It is the desire of both parties to this agreement to continue to work harmoniously and to promote and maintain high standards, between the Employer and employees, which will best serve the citizens of Oakland County. I. RECOGNITION The Employer recognizes the Union as the exclusive repre- sentative of all employees other than Caseworkers, of the Oakland County Probate Court, for the purposes of collective bargaining with respect to rates of pay, wages, hours of employment and other terms and conditions of employment, in the following bargaining unit for which they have been certified, and in which the Union is recognized as collective bargaining representative, subject to and in accordance with the provisions of Act 336 of the Public Acts of 1947, as amended. All employees of the Oakland County Probate Court; excluding confidential employees, professional employees, executives and supervisors. II. MANAGEMENT RESPONSIBILITY The right to hire, promote, discharge or discipline, and to maintain discipline and efficiency of employees, is the sole responsibility of the Employer except that Union Members shall not be discriminated against as such. In addition, the work schedules, methods and means of departmental operation are solely and exclusively (I) the responsibility of the Employer, subject, howeVer, to the provisions of this agreement. III. DUES CHECK-OFF (a) The Employer agrees to deduct the union membership initiation fee and dues, once each month, from the pay of those employees who indi- vidually authorize in writing that such deductions be made. All author- izations delivered to the Employer prior to the first day of the month shall become effective during that succeeding month. Check-off monies will be deducted from the second paycheck of each month and shall be remitted together with an itemized statement to the local treasurer, within fourteen (14) days after the deductions have been made. (b) An employee shall cease to be subject to check-off de- ductions beginning with the month immediately following the month in which he is no longer a member of the bargaining unit. Any employee may voluntarily cancel or revoke the Authorization for Check-off de- ductions upon written notice to the Employer and the Union during the fifteen (15) day period prior to the expiration date of the agreement. (c) The Union will protect and save harmless the Employer from any and all claims, demands, suits and other forms of liability by reason of action taken by the Employer for the purpose of complying with this section. IV. BASIS OF REPRESENTATION Section 1. There shall be one steward and an alternate steward for the following locations and shifts: Children's Village - One (1) each shift Camp Oakland - One Cl) each for the day and afternoon shift Court House - One (1) for the day shift AWL Stewards will be permitted to leave their work, after obtain- ing approval of their respective supervisors and recording their time, for the purpose of adjusting grievances in accordance with the grievance procedure and for reporting to the grievant a change in status of his grievance. Permission for stewards to leave their work stations will not be unreasonably withheld. Stewards will report their time to their supervisor upon returning from a grievance discussion. The privilege of stewards to leave .their work during working hours, without loss of pay, is extended with the understanding that the time will be devoted to the prompt handling of grievances and will not be abused, and that they will continue to work at their assigned jobs at all tines except when permitted to leave their work to handle grievances. Section 2. There shall also be one Chief Steward and one alternate Chief Steward. Section 3. There shall be a grievance committee consisting of three (3) members selected from the non-caseworker group and certified in writing to the Employer; however, a Local President or Chief Steward not in the group may be one of the three members. The Employer shall meet whenever necessary, at a mutually convenient time, with the union grievance committee. The purpose of grievance committee meetings will be to adjust pending grievances, and to discuss procedures for avoiding future grievances. In addition, the committee may discuss with the Employer other issues which would improve the relationship between the parties. V. GRIEVANCE PROCEDURE - The Employer and the Union support and subscribe to an orderly method of adjusting employee grievances. To this end, the Employer and the Union agree that an employee should first bring his problem or grievance to the attention of his immediate supervisor, with or without his steward, who shall attempt to resolve the grievance informally. Dismissals, suspensions, demotions and disciplinary actions of any type shall not be a subject for the grievance procedure but shall be processed according to the procedures of the Personnel Appeal Board. Step 1. If the grievance is not settled informally, it shall be discussed with the steward and shall be reduced to writing, signed by the grievant and submitted to his immediate supervisor. Step 2. The written grievance shall be discussed between the steward and the immediate supervisor, and the Chief Steward if so desired. The supervisor will attempt to adjust the matter and will give his written decision within five (5) days (excluding Saturday, Sunday, and holidays) of receipt of the written grievance. Step 3. A grievance not settled at Step 2 may be submitted to the Grievance Committee within five days (excluding Saturday, Sunday and holidays) of the date of the receipt of the immediate supervisor's written reply. Any grievance not submitted to the Grievance Committee by written notification to the Employer within five days shall be considered dropped. A meeting on the grievance shall be held by the Grievance Committee within ten days unless the time is extended by mutual agreement of both parties. (4) Any matter not settled in Step 3 of tl-Z grievance procedure may be submitted to final and binding arbitration by either of the parties. A request for arbitration must be submitted by written notice to the other party within fifteen (15) days after the grievance committee meeting. Expenses for arbitration shall be borne equally by both parties. If the parties fail to select an arbitrator, one will he Selected under the rules of the American Arbitration Association. Any grievance not appealed, from a decision in one of the steps of the grievance procedure, to the next step as prescribed, shall be considered dropped and the last decision final and binding, except that time limits may be extended by mutual agreement of the parties. VI. BULLETIN BOARD The Employer shall assign appropriate space on bulletin boards which shall be used by the Union for posting notices, bearing the written approval of the President of the Union local, which shall be restricted to: (a) Notices of Union recreational and social affairs; (b) Notices of Union elections; (c) Notices of Union appointments and results of Union elections; (d) Notices of Union Meetings; (e) Other notices of bona fide Union affairs which are not political or libelous in nature. VII. SENIORITY Section 1. New employees may acquire seniority by working six (6) con- tinuous months, in which event the employee's seniority will date 7MMU77777 VOMINEKSIN, heck to the date of hire into the department. When the employee acquires seniority, his name shall be placed on the seniority list, in the order of his seniority date. An up-to-date seniority list shall be furnished to the Union every six (6) months. An employee shall lose his seniority for the following reasons: (a) If the employee resigns or retires; (b) If the employee is discharged, and not reinstated; (c) If the employee is absent from work for three working days, without properly notifying the Employer, unless a satisfactory reason is given; (d) If the employee does not return to work at the end of an approved leave; (e) If the employee does not return to work when recalled from a layoff. Section 2. Shift preference will be granted at Children's Village or Camp Oaklandon the basis of seniority, within the classification, provided the employee meets the qualifications of the vacancy. Shift preference may be utilized only for vacancies created by employee separation, promotion or the creation of a new position. Vacancies created by employee transfers, as a result of shift preference, shall not be subject to shift preference. VIII. LAYOFF, RECAI4. AND TRANSFERS (a). If and when it becomes necessary for the Employer to re- duce the number of employees in the work force, the employees will be laid off in seniority order, based on capability of performing available jobs and shall be recalled in the same order. (6 ) (b) if and when an employee is permanently transferred to another division within the Department, the president or chief steward shall be notified of said transfer by the employer. IX. MATERNITY SEPARATION Employees who leave Probate Court employment, as a result of maternity, will be given employment preference if they make application tc return to the Probate Court and if a vacancy exists, in the classification in which they left, provided they apply within one year of separation and are qualified to return. X. PROMOTIONS All promotions within the bargaining unit shall be made on the basis of competitive examination as provided for in the Oak- land County Merit System. The employer will make his selection for promotion from the three highest ranking candidates who have passed the promotional examination. XI. GENERAL CONDITIONS Section 1. The Union shall be notified in advance of anticipated permanent major changes in working conditions and discussions shall be held thereon. Section 2. The provisions of this agreement shall be applied equally and without favoritism to all employees in the bargaining unit. There shall be no discrimination as to age, sex, marital status, race, colcr, creed, national origin or political affiliation. The Union shall share equally with the Employer the responsibility for applying this provision of the agreement. (7) Section 3. The reemployment rights of employees and probationary cmplovcz,s who are veterans will l)e limited by applicable laws and regulatins. Section Employees elected to any permanent full time union office or selected by the Union to do work which takes them from their employment with the County, shall at the writI:en request of the Union be granted a leave of absence without pay. The leave of absence shall not exceed two (2) years, but it shall be renewed or extended for a similar period at any time upon the written request of the Union. Section 5. •hen any position not listed on the ,,:age schedule is filled or estalished, the County may designate a (5 ..) classification and rnte structure for the position. In the event the Union does not agree thnt the cia:-a.sification, rate or structure are proper, the Union shall have the right to submit the issue as a grievance through the grievance procedure within a si -Y, (6) month period. Section 6. If any other represented unit negotiates a contract containing any form of agency shop, this unit may then request negotiations to discuss a modified agency shop. XII. ADOPTION BY RFZERENCE OF RELEVANT RESOLUTIONS Al PERSONNEL POLICIES All Resolutions of Oakland County Board of Commissioners, as amended or changed, from time to time, relating to the working conditions and copaponsetion of the employees covered by this agreement, and all other benefits and policies provided for in the Oakland County Merit 5ystem, hLch ncorpo::ates the Oakland County Employees Handbook, are Hcorported llrein by referenue and made a 11 ,..1rt hereof to the sar7,..i eKccnt as if they were specifi ..2ally set forth. Xi fl. MAINTENANCE OF CONDITIONS Wages, hours and conditions of employment legally in effect at the execution of this agreement shall, except as improved herein, be maintained during the term of this agreement. No employee shall suffer a reduction in such benefits as a consequence of the execution of this aereement. XIV. ECONOMIC MTTERS Wages and other economics are attached hereto as Appendix A. XV. NO STRIKE - NO LOCKOUT Under no circumstances will the Union cause or authorize or permit its members to cause, nor will any member of the bargaining unit take part, in any strike, sitdown, stay-in or slowdown or any violatic-n of any state law. In t he event of a work stoppage or other curtailment, tb_c Union shall immediately ins_truct the involved employees in writia, that their conduct is in violation of the contraat and that all such persons shall _Wamediately cease the offending condr.let. The Employer will not lockout any employees of the bargaining uhit during the term of this agreement. XVI. DURATION This agreement shall remain in full force and effect until midnight, December 31, 1973. It shall be automatically renewed from year to year thereafter unless either party shall notify the other, in writing, sixty (60) days prior to the anniversary date, that it desires to modify this agreement- In the event that such notice is given, negotiations shall begin not later than sixty (.,S.1) days prior to the anniversary date. This agreement shall remain in full force and be efiective during the period of negotiations and until notice of termi- nation of this agreement,: is provided to the ether party in the mannor rt forth in the following paragraph. ( 9) :'t.',:111111M11,11/11 In the event that either party desires to terminate this agreement, written notice must be given to the other party no less than ten days prior to the desired termination date which shall not be before the anniversary date set forth in the preceding paragraph. It is agreed and understood that the provisions contained herein shall remain in full force and effect so long as they are not in violation of applicable statutes and ordinances and remain within the jurisdiction of the County of Oakland. The Union recognizes the right and duty of the Probate Court to operate and manage its affairs in accordance with the State of Michigan Constitutional provisions and statutes and such Constitutional provisions and statutes shall take precedence over any conflicting provisions which might be contained in this Agreement. If any article or section of this agreement or any appendixes or supplement thereto should be held invalid by any Constitutional provision, operation of law or by any tribunal of competent jurisdiction, or if compliance with or enforcement of any article or section should be restrained by such tribunal, the remainder of this Agreement shall not be affected thereby. ATWIT4C4: AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES METROPOLITAN COUNCIL NO. 23 AFL-CIO, LOCAL 2437 OAKLAND COUNTY PROBATE COURT Judge Donald E. Adams Senior Probate Judge COUNTY OF OAKLAND, a Michigan Constitutional Corporation By Lawrence R. Pernick, Chairman; and Lynn D. Allen, Clerk of its Board of Commissioners lassi ication NO-0ASEWORKTR AGREEMENT APPENDIX A I. SALARIES (a) The following merit salary schedule shall prevail for the period from January 1, 1973, through December 31, 1973: 3 6 1 2 3 4 Base Months Months Year Years Years Years Account Clerk 1 6,800 6,930 7,100 7,400 7,700 8,000 Account Clerk II 7,800 8,200 8,600 9,000 9,400 Assistant Deputy Probate Register 6,800 6,950 7,100 7,400 7,700 8,000 Children's Supervisor I 8,268 8,476 8,684 9,100 9,516 Children's Supervisor II 9,932 Plat i Rate Clerk I 5,600 5,700 5,800 6,000 Clerk II 6,300 6,450 6,600 6,900 7,200 7,500 Clerk III 7,300 7,450 7,600 7,900 8,200 8,500 Court Officer - Probate Court 6,651 Flat Rate Court Reporter I 9,700 10,300 10,900 Court Reporter II 11,700 12,400 Court Reporter Trainee . 8,400 8,700 9,000 Court Service Officer I 8,320 8,632 8,944 9,568 Court Service Officer II 10,192 10,920 11,648 12,876 Departmental Clerk 7,700 8,100 8,500 8,900 9,300 Deputy Juvenile Register 7,700 8,100 8,500 8,900 9,300 Deputy Probate Register I 7,700 8,100 8,500 8,900 9,300 Deputy Probate Register II 9,600 9,900 First Cook 7,488 7,592 7,696 7,904 8,112 8,320 General Staff Nurse 9,746 10,320 10,893 11,466 Houseparent 8,268 8,476 8,684 9,100 9,516 Probate Court -Clerk 6,300 6,450 6,600 6,900 7,200 7,500 Second Cook 6,812 6,982 7,150 7,488 Secretary 7,700 8,100 8,500 8,900 9,300 Stenographer 1 6,400 6,500 6,600 6,800 , W 3 6 UNI1 2 3 ' 4 Classification Base Mouths Months Year Years Years Years i Stenographer II 7,300 7,450 7,600 7,900 8,200 8,500 jypist I 5,800 5,900 6,000 6,200 . Typist IT 6,500 6,650 6,800 7,100 7,400 7,700 (b) Premium Pay - Reception Center Employees in the classifications of Children's Supervisor I and Children's SUpervisor II shall receive premium pay of fifteen cents per hour when actually performing duties at the Children's Village Reception Center. Such premium shall not be included in the salary rate which is used for the computation of payment of overtime. Payment of this premium will be made only during the period the present facility is used as the Children's Village Reception Center. NON-CASEWORKER AGREEMENT APPENDIX B Ammrirrimmu. For the following fringe Handbook: benefits refer to the Oakland County Employees' 1. Injury on the job 2. 'Holidays 3. Leave of Absence 4. Life Insurance 5. Longevity 6. Master Medical Insurance 7. Sick Leave 8. Retirement 9. Annual Leave Moved by Mainland supported by Aaron that Resolution #6170 and Resolution #6171 be adopted. AYES: Paholak, Perinoff, Pernick, Aaron, Burley, Coy, Daly, Dearborn, Doyon, Gabler, Harrison, Horton, Houghten, Kasper, Kronenberg, Mainland, Wathews. (17) • NAYS: None. (0) A sufficient majority having voted therefor, the resolutions were adopted. STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Lynn D. Allen, Clerk of the County of Oakland and having a seal, do hereby certify that I have compared the annexed copy of Resolutions #6170 and #6171 adopted by the Oakland County Board of •••••••••••.........•••04.•••••••••••••••••••••••d•••••••••••••••••••••••••• Commissioners at their December 21, 1972 meeting with the original record thereof now remaining in my office, and that it is a true and correct transcript therefrom, and of the whole thereof. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County at Pontiac, Michigan 26th Dec. ol................!,.... Lynn D. Clerk