HomeMy WebLinkAboutResolutions - 1973.05.17 - 10429by Dearborn
Resolution No. 6311
be adopted.
May,17, 1973
REPORT
By Mary M. Dearborn
IN RE.: RESOLUTION 1t6311 - 1973-74 LABOR CONTRACT FOR THE MAINTENANCE UNIT
OF THE OAKLAND COUNTY DRAIN:COMISSION
To the Oakland County Board of Commissioners
Mr. Chairman, Ladies and Gentlemen:
The Personnel Practices Committee,
Chairman, reports Miscellaneous
with the recommendation that the resolution
1PERSONNEL PRACTICES COMMITTEE
Mary M. Dearborn, Chairman
4
Reaolution 63 11 May 3, 1973
Unit of
said Ag 7c4,77.,.,.rt has ben reviewed your Personnel. Practices
NOW TF7=07E BE IT S7,71ED that thrl A.?r on the Oakland
The
PERS oir.,77;r: p UTTEE
BY PITR'E:KEL TTACTICIS - Mary IC Chairman
IN RE: 1973-74 TA.73n C.0:7TRACT FOR 777 "'..1.77777A -'.T1•. UNIT OF TIT7
TO THE :""di.?-,M C0U7TY fc4,137J Dr CONN:SETO .
Mr, (7"--nlr-T Ladles and 4eritl,p7.c:r:
T.,TERE'3 the County of i.17.1nnd, the 8
)7.
the Oakland County 7.!-7-in 17.5sion. and Local 1998,
of State, County and Fmployees, XT.T.-070, have Lcen n:zotiating
a contract covering certain employees of the Drain ; and
WHEREAS an agreerlent for the years 1973 and 1974 lies been reached
and reduced to wrl.ti7.íz; and
7TET7.AS there are six (6) budgeter! yr/3—r= (2) non-bAvt
positions in the Maintum.a. Unit and the .;,.L7r esultEi in an
increased 1973 budgeted cost of $2,399 and hn ,T171z,ted 1974 ldLd
cost of $2,254; and
Commit,tee which recommen&I approval of the Agree:aent,
C:,unty Drain CAon, the County of (.',;7:.17-.14:,.7,d, and the Maintenance
,..71.07,Tees of the OE.11and Drain Corci.j...ssion and Local 1998,
N::::,rican Federation of State, Co unty and APL-CIO,
be and the same is hereby apprnvzd; and tIrt: t71 C27..rTan and Clerk of
this Board, on behalf of the County of 0.7071and, be and they are hereby
authorized to exeute said .0TeeTent, a c opy of which is attached hereto,
C.:7-..,T.-ttee, by Nary M. Dearborn, Cha.:F=
-moves the adoption of the foregoing re.F.
THE COUNTY OE OAKLAND
AND
AKLAND COUNTY DRAIN S!..7A,ON Ti
EEICAN FEDERATION CI STATE
NIIGIPAL EMPLOYLI
INTENANCE EMPLOYEE
OF THE COUNTY DRAIN
AND
Collective Eargainiti:g ireemenL
1973 - 1974
al and ..nnici
AGREEMENT
This agreement is made_ and entered into on this
day of , A.D., 1973, by and between the Oakland County
Drain Commission and the Oakland County Board of Commissioners, herein-
after referred to collectively as the "Employer", and Metropolitan
Council No. 23, of the American Federation of State, County
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, and that all terms of this agreement shall be tempered with the
fact and knowledge that both parties are human beings with the rights of
human beings under law and morality.
I. RECOGNITION
The Employer recognizes the Union as the exclusive representative
of the following employees, for the purposes of collective bargaining with
respect to rates of pay, wages, hours of employment and other terms and
conditions of employment, and in the folloi;:ring bargaining units 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 Maintenance Laborers and Maintenance
Mechanics I and 11 employed by the
Oakland County Drain Commission, hut
EXCLUDING supervisors and all other
employees.
(2)
II. MANAGEMENT RESPONSIBILITY
The right to hire, promote, discharge or discipline for just
cause, and to maintain discipline and efficiency of employees, is the
sole responsibility of the Employer except that Union mEmbax8 shall not
be discriminated against as such. In additi,,n, the work roheduies,
methods and means of departmental operations are solely and exclusively
the responsibility of the Employer, 1..jecte., however, to the tovisionz.q
of this agreement,
III. DUES CHECK•OFF
(a) The Employer agrees to deduct the union mclkership initi-
ation fee and duc, once each month, from the pay of those employees who
individually authorize in writing that such deductions be made, All
authorizations delivered to the Employer prior to the first day of the
month shall become effective during that succeeding month. Ch,1.c-off
monies will be dedud from the second paycheck of each mouth 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 cha:%-off do31
beginning with the month Immediately following the month ln which ha is
no longer a member bargaining unit. Any employee may voluntarily
cancel or revoke the Athorization for Check-off deduction 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 n7u.7 )-7-er from
any and all claims, demands, suits and other foni.s of liability by reason
of action taken by the nJi:loyer for the purpose of complying with this
sect_ion
The privilege of stewards to leav 11° work during working
TV. REPRESENTATION
Sectiol
The members of all Union committees recognized by the Employer for
purposes of collective brgining shall have to be seniority employees in the
bargaining unit.
Section 2
The names of all such committee members shall be submitted in writing
to the Employer by the Union upon election or appointment to a recognized
committeo.
Section 3
The Employer agrees to recognize a bargaining committee which shall
be composed of not more than two (2) employees in the unit, based on the
present composition of the bargaining unit.
ction 4
Mere. a1,1 be a sLei:tTd and an alternate steward who shall also act
Chief Steward and Alternate Chief Steward, respectively, representing
all employees covered by this agreement.
Stewards will be 7ornitted to leave their work, after obtaining
approval of their respective supervisors and recording their time, for
the purpose of adjusting grievances in accordance with the grievance
as
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
supervisor upon returning from a grievance discussion,
hours, without loss of pay, is extended with the understanding that the
time will be devoted to the prompt handling o f grievaocco and will not
,••
(3)
be abused, and that they will continue to work at their ass nod jobs at
all times except when permitted to leave their work to handlc. grievance.s.
Section 5
There shall be a permanent grievance committee consIst -1.ng of two
employee representatives selected by the Union and certified In writing to
the Employer. The Employer shall meet wheG.:-.wr necessary, at a mutually
convenient time, with the Union grievance
Y. GRIT,WJCE PROCEDURE
Section 1
The Employer and the Union suport 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, and an attempt will be made tO resolve the grievance
informally. In the event the steward is called he shall be released
from his duties as soon as possible and in an event no later than the
beginning of his shift the next day and the supervisor, the employee and
the steward shall meet simultaneously in an aLtempt to resolve the matter.
Dismissals, suspensions, demotions and diseiplii:Aa7:y 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 i:ATc,nnally between the
employee and his immediate supervisor, the employee shall
have the right to discuss the grievance with his steward.
If, in the steward's opin.io;1, proper Cause for the
complaint exists, the Union shall have the right to
(4)
submit a written grievance on the complaint to the
immediate supervisor within five days, The written
grievance must be signed by the employee and his
steward and receipt acknowledged by the csrc l oveo V s
immediate supervisor.
Stp 2
The department will give its Written reply within
five days (excluding Saturday, Sunday and holidays)
of receipt of the written grievance.
Stet) 3
A grievance not settled at Step 2 may be submitted
to the Grievance Committee within five days of the date
of the receipt of the 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 1-1:)ttAl aveemet of both
parties.
Step 4 -
Any matter not settled in Step 3 of the grievance
procedure may be submitted to final and binding
arbitration by either of the rerties
If the parties fail to select an arbitrator, one
will be selected under the rules of the American
Arbitration Association,
The Arbitrator shall have no power
to add to, subtract from, alter or :modify the terms of
this agreement, or set a wage rate
(5)
or authority
Section 2
The time limits specified herein for movement of grievances
through the process shall be strictly adhered to. In the event that a
grievance is not appealed within the partiular specified time limit s it
shall be deemed to be settled on the basis. of the 7mployer's last answer.
In the event that the Employer shall fail to supply the Union with its
answer to the particular step witIliu the specified time limits, the
grievance shall be deemed automatically positioned for appeal at the
next step with the time limit for exercising said appeal commencing with
the expiration of the grace period for ansWering.
Section 3
All specified time limits hereiA shall consist only of County
work days Monday through Friday,
Section 4
Each grievance shall have to be initiated within five (5) days
of each occurrence of the cause for complaint or if neither the aggrieved
nor the Union had knowledge of said occurrence at the time of its
happening, then within five (5) days after the Union_ or the aggrieved
becomes aware Of the cause for complaint,
VI. SENIORITY
New employees may acquire seniority by working six (6)
continuous months (refer to Rule 7 - Probationary Period, Oakland County
Merit System Handbook), in which event the employee's seniority will
date back to the date of hire into the department. The date of employment
will be determined by the first date of eligible employment in the
department as described in Rule 22 of the Oakland County Merit System
Handbook. When the employee acquires seniority, his name shall be placed
(6)
titive examination as provided for in the Oakland County basis of
on the seniority list, in the order of his seniority date.
An up-to-date seniority list shall be furnished to the Union
every three (3) months.
An employee shall lose his senierity 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 lays,
without properly notifying .-the Employer, unless a satis-
factory 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.
VII. LAYOFF AND RECALL
If and when it becomes necessary for the Employer to reduce the
number of employees in the work force, the employees will be laid off in
seniority order within the bargaining unit, based on capability of perfcredi
available jobs and shall be recalled in the inverse order (refer to Rule
9 - land County Merit System Handbook), All employees so laid off shall
be offered the opportunity of recall prior to the hiring of any new
employees,
VIII, PROMO
All promotions within the bargaining unit shall be made on the
Merit System. The employer will make his selection for promotion from
the three highest ranking candidates who have passed the promotional
examination, The qualification for admision to the examination will be
seniority in a classification within the bargaining unit and meeting the
(7)
minimum qualifications for the classification of the vacancy as shown
in the latest dated written specifl(_ati or that classification. In
cases for which all other aspects of the examination result in equal
examination scores, seniority in the immediate lower classification or
classifications shall be the determining factor in arriving at the final
ranking of the candidates.
These promotional examinations Shall be conducted under the
provisions of the Merit System applying to continuous examinations. The
Eligibility Lists shall be superseded by new Eligibility Lists after a
od of not less than two (2) years,
IX. RATES FOR JOBS
When any position not listed. on the wage schedule is filled or
established, the County may designate a job classification and rate
structure for the positon- In the event the Union does not agree that the
classification, rate or structure are pror or, the Union shall have thc,
right to request a meeting of the special'eonforence committee to discuss
the matter.
X. TEMPCW
in those cases in which the temporary assignment inciodo
taking over the ultimate responsibility inherent in the higher level lob,
and in which the employee working in the temporary assignment has qualified
OF RATE
for the hie. level classification by taking and passing the promotional
Merit System examination for that classification; and in which the
temporary assignment is for at least one full shift, the base salary rate
will be paid to the employee in the temporary assignment for the time
actually worked in the highr classification but the increased earnings
will not count toward the basis on which service increment pay is
determined.
(8)
XI, GENERAL CONDITIONS
Section. 1
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 written re.ft 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 s .-similar period at any time upon
the written request of the Union,
Section 2
The Employer shall assign a locked bulletin board which shall be
used by the Union for posting notices, he aring the written approval of the
President of the Union Local, which shall ..be restricted to
(a) Notices of TI-..on recreatil and social affairs;
(b) Notices of Union elections
(c) Notices of Union appointments and rsul.t . of Union
elections;
(d) Notices of Union meetings;
(e) Other notices of bona fide .'Union affairs which are not
political or libelous in nature,
Section 3
In the event that any other repres unit 1.-otiates a contract
with the County of Oakland containing any form of union security, the saly,e
right will autotically be given to the Units covered under ,p2rPe-
Section 4
Special conferences for important matters may be arranged at a
mlAtv:aily convenient time between the Chapter Chairman and the Employer or
its designated representative upon the request of either party. Such
(9 )
meetings shall be between at least two representatives of the Employer 4nd
no more than two employees from wiCnir. the bargaining unit selected by the
Union and the Staff Representative, if so desired. Arrangements for stIch
special conferences shall be made in advance and an agenda of thc
to be taken up at the meeting. shall he presented at the time the caf.,,fwace
is requested. Matters taken up in special conferences shall be confi..Ld
to those included in the agenda- The members of the Union rhn1i. not lose
time or pay for time spent in such special. conferences
Section.' 5
The parties agree that there shall be no discrimination against
any employee by reason of race, creed, color, sex, or national origin.
The 7=1_0)7er will not discriminato :=1-;:inat any member of the bargaining
unit by reason of membership in the Union
Section 6
Wages, hours and conditions of employment legally in effect at
the execution of this agreement shall, except as improved herein, be
maintained during the to of this agreement- No employee shall suffer
a reduction in such benefits as a consequence of the execution of
agreement.
Section 7
All supplemental agreements shell be subject to the approval of
the Employer and the Council and/or International Union They shall be
approved, or rejected within a period of thirty (30) days follovi t"Je
date of the agreement between, the parties
XII. ADOPTION EY REFERENCE (7 .G7.7ANT !
OLUTIONS AND PERSONNEL POLICIES _ _ _
All resolutions of the Oakland County Board of Commissioners, as
amended or changed, from time to time, relating to the working conditions
and compensation of the employees covered by this agreement, and all
other benefits and policies provided for in the Oakland County Merit
System, which incorporates the Oakland County Employees' Handbook, are
incorporated herein by reference and made a part hereof to the same extent
as if they were specifically set forth.
XIII. ECONOMIC MATTERS
The agreement between the parties on economic matters are set
forth in Appendix A and Appendix E attached hereto and are incorporated
into this collective bargaining agreement, subject to the terms and
conditions thereof.
XIV. NO STRIKE :N0 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-it or slowdown or any violation of
any State law, In the event of a work stoppage or other curtailment, the
Union shall immediately instruct the involved employees in writing, that
their conduct is in violation of the contact and that all such persons
shall immediately cease the offending conduct.
The Employer will not lockout ahy employees of the bargaining unit
during the term of this agreement.
XV. DURATION
Section 1 - Duration of Areement
This agreement shall remain in full force and effect from January 1,
1973, to midnight, December 31, 1974. 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 (60) days prior to the anniversary
date. This agreement shall remain in full force and be effective during
(11)
of applicable statutes and ordinances and 7 within the lurisdiction of
the period of negotic.tions and until 11,-tice of termination of this
agreement is provided to the other party in the manner set forth in the
following paragraph.
Section 2 - Severabiliy.
In the event that either party desires to terminate this
agreement, written notice must be given to the other party no ls.s 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
the County of Oakland, If any terms shall be considered in violation of
applioable statutes or ordinances, then upon the request of either party
the Employer and Union shall meet to review the affected contract provision.
or provisions.
Section 3 - Ratification
The Union agrees to submit this .4e=.7t promptly to the
employe,es of the baruining unit covered by this agreement for ratifi-
cation by them, and the Council 23 representative and Local 1998 Union
officers will recommend to the employes it be ratified.
AMERICAN FTTFRATTON OF STATE,
COUNTY AND MUNICIPAL EMPLOYEES,
AFL-CIO, METROPOLITAN COUNCIL
NO. 23, LOCAL 1993
CA LAND COUNTY DRAIN Cr.:V7SSION
Geo7c:se W. Kuhn, Drain Commissioner
ONYTY OF OAKLAND, a ichigan
Constitutional Corp:
By
Paul E. Kasper, Chairman;
and
Lynn D, Allen, Clerk of its
Board of Commissioners
DRAT: COMM1S9T
1.UTENDIX A
SALARIES
The following merit salary schedule shall prevail during the
term of this collective bargaining agreement:
JANUARY ..1 1973 THROUGH DECEMBER 3L'9
BASE 6 MO. 1 '.7AR 2 YEAR 3 YEAR
Maintenance Mechanic II 8,987 9,1i.59 9,332 9,678 10,024
Maintenance Mechanic 1 8,526 8,699 8,871 9,217 9,563
Maintenance Laborer 7,798 8,292 8,786
CLASSIFICATION
JA7RY 1, 1974 THROUGH DE(T.E1-17,FR 31,
CLASSIFICATION BASE
Maintenance Mechanic II 9,355
Maintenance Mechanic / 8,876
Maintenance Laborer 8,118
974
1 YEAR 2 YEAR 3 YEAR
9,715 10,075 10,435
9,235 9,595 9,955
8,632 9,146
6 MO.
9,535
9,056
dical Insurance
iue Cross/ 1. covera
DRAIN COMMIS1ON . . _
INTENANCE EbIThOYEES
APPENDIX B
fringe benefits refer to the Oakland For the following
County Employee's Handbook:
1. Injury on the job
2, Holidays
3. Leave of Absence
4. Life Insurance
5. Longevity
6. Hospit —:,.tlon, Medical a
7. Sick Leave
8. Retirement
9, Annual Leave
II
For the second year of the contract which commences on
January 1, 1974, the County agrees to institute one of the following three
(3) fringe benefits, the selection to be made by the County of Oakland,
at an expense approximately comparable to the 1972 cost of the difference
between present Blue Cross/Blue Shield NV
Blue Shield MVF-2 coverage.
Either - Improved Hospitali Lon Insurance
or - Sick and Accident Income Protection insurance
or - Additional Life Ineuratc-e coverage
REPORT May 17, 1973
BY: FINANCE COMMITTEE - Fred D. Houghten, Chairman
IN RE: MISC. RES. #6311 - 1973-74 LABOR CONTRACT FOR THE MAINTENANCE
UNIT OF THE OAKLAND COUNTY DRAIN COMMISSION
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
,Mr. Chairman, Ladies and Gentlemen:
Pursuant to Rule XI, C of this Board, the Finance Committee finds
that the necessary funds are available in the 1973 Salaries portion of the Budget,
Salaries Adjustment Fund, to cover the cost of the 1973-1974 Labor Contract
for the Maintenance Unit of the Oakland County Drain Commission.
FINANCE COMMITTEE
Fred D. Hciughten, Chairman
Lynn D. ..........Clerk
#6311
• Moved by Dearborn supported by Moffitt that resolution #6311 be adopted.
• AYE: Montante, Nowak, Olson, Patnales, Pernick, Quinn, Richardson, Vogt,
Walker, Wilcox, Berman, Brotherton, Button, Coy, Dearborn, Dunleavy, Gabler,
Hobart-, Hoot, Houghten, Kasper, Lennon, Mathews, Moffitt. (24)
NAYS. None, (0)
A sufficient majority having voted therefor, the resolution was 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
Resolution #6311 adopted by the Oakland :.County Board of Commissioners
0 90•000000004,00900•0 n000•0000 OOOOOOOO 4.•000.0.0”4.0 OOOOOOOOO 000 OOOOOOOO !Ilan 41. 0 .0
at their, meeting held on May 17,1973
80 0.-0 01, 0 0 0 8,0 0 0 0 4, •B•4•00•11. • 0 0 0 0 0 0 0 0 0 0.0.0 • 41 •:0 0 • *0** • •0 * *0 0* 0 0 000 • 0*
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
this Vit4. OOOOOOOO O OOOOO