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HomeMy WebLinkAboutResolutions - 1973.05.17 - 10442IN RE: 1973-74 LA77, C07-77:CT — BY: PUT?:;C77:71,, '17,-7777,g , Chairman COUNT7 Ladies and Gent the County of f t the 41 —,,,,T-ser Training Leader Unit TO THE Mr. CF7J:f of the Oaidand Servies Mental , tardation, Services and Local 1998,. •,'!.:.nerican Fader of State, C017,17.,:-.7 '17e A-r! incra 1974 of $4,103 necessary to HIL:rd this will he derived Miscellanedne R.e?olution. 6329 May 17, 1973 Employees, AFL—CTO, 173ve hace negotiating covering certain employees of the Health Servoes Board; and oem27': for the years 1973 :Y70. 1974 has been reaohod and reduced to writing; and he Community Mental Health :virles Board pc>sitlons are non.— budgeted and the ev.i .,,IP*7ed increased 1971 ci 7st of $10,39 the from other than 1nAgo-te.i sources; and WE-17,7A13 seil has been revieed by your Personnel. Practices Committee which recommends approval of the .A,F,00m,,:,!n, NOW THEREFORE BE IT RESOLVED that the :A,greent between the County of Oakland, the Oakland County Community Ment41. Health Services Board, the Training Leader tEI c.ycec of the Oakland f.]do;J:i Services Board *ad Local 1998 Fetharorf..f of State, County and Municipal Employes, he and the same is hereby approved; and that the Chairman and Cleriz: rJ this Board, on behalf of the County of Oakland, be and they are hereby authorized to a r said Agreement, a copy of which is attached. hereto, The Per Prac,ticef--, C=7:ittae, by 'HT-; M. Dearborn, Chairman, moves the adoption, of the foregoing resolutI 177S077n P7ICTICT7S COTY;T:I THE COUNTY OF OAKLAND AND THE AMERICAN FEDERATION OF STkTE2 COUNTY AND NUNICEPAL EMPLOYEES, NFL-CIO COUNCIL 23 TRATNINC Ar.D COOKTM710YEES OF THE COY01.11',,TV NLi.:flCT. 1. BOARD 7,ENTA1,. RETAG.DA7:03:7 SERVTC:P:S Collective Barpining Ag7e,,,rient 1973 - 1974 AGREEMENT This agreement is made and entered into on this day of , A:D., 1973, by and between the Oakland County Community Mental Health Services Board and the Oakland County Board of Commissioners, hereinafter referred to collectively as the "Employer", and Metropolitan Council No 23, of the American Federation of State, County and Municipal Employees, AFL-CTO, hereinafter teferrad to as the "Union". It is the desire of both parties 1 to this agreement to contin ue 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 hhman beings with the rights of human beings under law and morality. 1. RECOGNITION The Employer recognizes the Union as the exclusive representative of the following employees, for the purpos es of collective bargaining with respect to rates of pay, wages, hours of eMployment and other terms and conditions of employment, and in the following barg:!..ng units for which they have been .ified; 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. Community Mental Health Services Board, Mental Retardation Services, EXCLUDING supervi s ory, secretarial, clerical, medical and profs•onil employ.' II. MANAGEMENT RESPONSIBILITY. The right to hire, promote, charge or discipline for just cause, 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 operations are solely and exclusively the responsibility of the Employer, stbject, however, to the provisions of this agreement. I. III. DITE CHECK-OFF (a) The Employer agrees to deduct the union membership initi- ation fee and dues, 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. 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 deductions 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 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 halmless 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, REPRESENTATION Section 1 The members of all Union committees recognized by the Employer for purposes of collective bargaining 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 committee, Section 3 The Employer agrees to recognize :Ha bargaining committee which shall be composed of not more than two (2) based on the present composition of the bargaining unit. Section 4 There shall be a steward and an alternate steward who shall also act as Chief Steward and alternate Chief Steward, respectively, representing all employees covered by this agreement. Stewards will be permitted 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 procedure and for reporting to the grievant a changejn status of his grievance. Permission for stewards to leave their work stations will not be un- reasonably withheld. Stewards will reportheir 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, (3) and that they will continue to work at their assighd jobs at all times except when permitted to leave their work to handle grievances. Section 5 There shall be a permanent grievance committee consisting of two employees from within the bargaining unit!to be selected by the Union and certified in writing to the Employer. The Employer shall meet whenever necessary, at a mutually convenient time, with the Union grievance committee, V. GRIEVANCE 77f)CEDURE Section 1 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, 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 any event no late;: than the beginning of hia shift the next day and the supervisor, the employee and the steward shall meet S'r -aneously in an attempt to resolve the matter. Dismissals, suspensions, demotions and disciplinary actions of any type shall not be a subject for the grievance prodecure but shall be processed according to the Merit System Rules governing the procedures of the Personnel Appeal Board, Step I If the grievance is not settled informally 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 opinion, proper cause for the complaint exists, the Union shall have the right to submit a written grievance on (4) 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 employee's immediate supervisor. Step 2 The department will give its written reply within five days (excluding Saturday, Sunday andjtolidays) of receipt of the written grievance. Step 3 A grievance not settled at Step 2 may be submitted to the Grievance Committee within fivedays 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 mutual agreement 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 parties A requeSt for arbitration must be submitted by written notice to the other party within fifteen (15) days after the grievance cbmmittea meeting. Expenses for arbitration shall be borne equally by both parties. If the parties fail to select an arbitrator, one will be selected under the rules of theAmerican Arbitration Associatior, The Arbitrator shall have to power or authority to add to, subtract from, alter or modify the terms of this agreement, or set a wage rate. (5) Section The time limits specified herein for movement of grievances through the process shall be strictly adheted to. In the event that a grievance is not appealed within the partitular specified time limit, it shall be deemed to be settled on the basis of the Employer's last answer. In the event that the Employer shall fail to supply the Union with its answer to the particular step within 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 herein! 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 0celc7-once 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 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 on the seniority list, in the order of his seniority date, 1 (6) An up-to-L seniority list shall be furn _led to the Union every three (3) 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 within 3 days of receipt of notice of recall from a layoff, unless a satis- factory reason is given. 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 performing available jobs and shall be recalled in. the inverse order. All employees so laid off shall be offered the opportunity of recall prior to the hiring of any new employees within the bargaining Unit. Entitlement to recall shall not extend beyond the length of seniority at the time of layoff, and in any event the period of recall shall not exceed 'three years. VIII. RATES FOR NEW 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 position, In the event the Union dees not agree that the rate or structure is proper, the Union shall have tbe right to request a meeting of the special conference committee to discuss .atter. (7) 4 IX. 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 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 exted for a 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, bearing the written approval of the President of the Union Local, which shall he restricted to (a) Notices of Union recreational and social affairs; (b) Notices of Union elections; 1 (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 natute. Section 3 In the event that any other represented unit negotiates a contract with the Oakland County Community Mental Health Services Board and the County of Oakland containing any form of union security, the same right will auto- matically be given to the units covered under this agreement. Special conferences for important matters may be arranged at a mutually convenient time between the ChapterChairman and the Employer or Its designated representative upon the requeSt of either party, Such meetings shall be between at least two representatives of the Employer and (8) (9) no more than three employee representatives from wiLan the bargaining unit and the Staff Representative, if so desired. Arrangements for such special conferences shall be made in advance and at agenda of the matters to be taken up at the meeting shall be presented at the time the conference is requested. Matters taken up in special conferences shall be confined to those included in the agenda. The members of the Union shall not lose time or pay for time spent in such special conferences; Section 5 The parties agree that there shall he no discrimination against any employee by reason of race, creed, color, sex, or national origin. The Employer will not discriminate against any member of the bargaining unit by reason of membership in the Union. Section 6 Wages, hours and conditions of etployment legally in effect at the execution of this agreement s'aall, except as improved herein, be main- tained during the term of thi.'4 agreement. No employee shall suffer a reduction in such benefits as a consequence of the execution of this agreement. Section 7 All supplemental agreements shall 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 following the date of the agreement between the parties.1 X. DiaUls,,TD COI.7TY MERIT SYSTF,M RULES - ADOPTION OF TERMS BY REFERENCE The terms of the Oakland. CouLy Merit System Rules that are appli- cable to the precedures and operations of the Community Mental Health Services Board are adopted herein by reference within the bargaining unit; and those parts, wording or seL_Lons of the Rules which do not se any bearing on the operations of the Board shall not apply.! 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 are incorporated by reference within the limitations set forth above and made a part hereof to the same extent as if they were specifically set forth. XI, ECO,...70mTO MATTERS The agreement between the parties on economic matters are set forth in Appendix A and Appendix B attached hereto and are incorporated into this collective bargaining agreement, subject to the terms and conditions : thereof. XII. 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 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 contract and that allsuch persons shall immediately cease the offending conduct. The Employer will not lockout any employees of the bargaining unit during the term of this agreement. XIII. DURATION Section 1 - nuration of Agreement 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 pa.ucy 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 (10) Section 3 ion shall begin not latE -.han (60) days prior to the anr rsary date. This agreement shall remain in full force and be effective during the period of negotiations and until notice of termination of this agreement is provided to the ether party in the manner set forth in the following paragraph. Section 2 — Severability 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. 1 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 Employer. If any terms shall be considered in violation of applicable statutes or ordinances, then upon the request of either -party the Employer and Union shall meet to review the affected contract provision or provisions. The Union agrees to submit this agreement promptly to the employees of the bargaining unit covered by this agreement for ratifi- cation by them, and the Council 23 representative and Local 1998 Union officers will racomend to the employees that it be ratified. ;VP:EFT:CAN FEDERATION OF STATE, COUWTY AND MUNICIPAL EMPLOYEES, AFL—CIO, NETROPOLTTAN COUNCIL NO', 23, LOCAL 1998 OAKLAND COUNTY COMMUNITY MENTAL HEALTH SERVICES BOARD Alex Capsalis, Chairman COUNTY OF OAKLAND, a Michigan ConStitutional Corporation By 1 Paul E. Kasper, Chairman.; and Lynn D. Allen, Clerk of its Board of Commissioners COMMUNIT INTIA.L HE ALTR SERVICES BOARD TRAINING LEADER I AND C APPENDIX A SALARIES OK EMPLOYEES The following merit salary schedule shall prevail during the term of this collective bargaining agreement: JANUARY 1, 1973 THROUGH DECEMBER ql 1.9 .q CLASSIFICATTON First Cook Second Cook Training Aide Training Leader I JANUAT,' 1 1974 TRROUG CLASSIFICATJON *First Cook *Second. Cook Training Aide Training Leader I. BASE 6 MO, 1 YEAR 2 YEAR 3 YEAR 4 YEAR 7,488 7,592 7,696 7,904 8,112 8,320 6,312 6,982i 7,150 7,488 1,92 per hour 7,488 8,065 8,641 9,217 DECEMBER 31 _1974 BASE 6 MO.! 1 YEAR 2 YEAR 3 YEAR 4 YEAR 7,488 7,592 7,696 7,904 8,112 8,320 6,812 6,982H 7,150 7,488 2,00 per hour 7,795 3,396 8,995 9,595 *These classifications will be reviewed by the Employer prior to Dezember 31, 1973 to determine any possible salary'sehedule adjustments, COMMUNITY MENTAL HEALTH SERVICES BOARD TRAINING LEADER I AND COOK EMPLOYEES APPENDIX B For the following fringe benefits 'refer to the Oakland County Empl2yee's Handbook: 1. Injury on the job 2. Holidays 3. Leave of Absence 4, Life Insurance 5. Longevity 6. Hospitalization, Medical 7. Sick Leave 8.• Retirement 9. Annual Leave (Exception: for annual leave rate of accumulation through the .first four years of service refer to Community Mental Health Services Board Resolution dated November 1, 19E8.) II For the second year of the contract which commences on January I, 1974, the Employer agrees tO institute one of the following three (3) fringe benefits, the selectidn to be made by the Employer at an expense approximately comparable ::to the 1972 cost of the difference betWeen present Blue Cross/Blue Shield MVF-1 coverage and Blue Cross/Blue Shield MVF-2 coverage. Either - Improved Hospitaliz ation Insurance or - Sick and Accident Income Protection Insurance or - Additional Life InsUrance coverage and Master Medical Insurance. By .00•000000 OOOO OOOOOO *0000. .....Deputy Clerk i..V.:720p7Mcg,• 0329 Moved by Dearborn supported by .Richardson the resolution be adopted. . AYES: Moffitt, Montante, Nowak, Patnales, Quinn, Richardson, Vogt, Walker, Wilcox, Berman, trothertoh, Button, Coy; Dearborn., Dunleavy, Gabler, Hobart, Hoot, Houghten, Kasper, Lennon, Mathews. (22) 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 # 6329 adopted by the Oakland County 'Board of Commissioners WWWWW 0000000000000" *** 0 * 000000000006.***000000 ****** at their meeting held on May 17, 1973 00000000.00000000000000S0 OOOOOOOOOOOOO 00 OOOOO 00 0000000000000**00000000000000 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.... OOO Lynn D.