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HomeMy WebLinkAboutResolutions - 1977.07.21 - 105548053 July 7, 1977 Miscellaneous Resolution VA-Ze (Mfe„0_,/u4t4i., John J. McDonald, Chairman BY: PERSONNEL COMMITTEE - John J. McDonald, Chairman IN RE: 1977-1978 LABOR AGREEMENT FOR EMPLOYEES REPRESENTED BY LOCAL 1881, DISTRICT COURT EMPLOYEES, AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairman, Ladies and Gentlemen: WHEREAS the 52nd District Court, the County of Oakland and Local 1881 of the American Federation of State, County and Municipal Employees, AFL-CIO, have been negotiating a contract covering 36 clerical employees of the 52nd District Court; and WHEREAS a two-year agreement has been reached with the bargaining unit for the period January 1, 1977 through December 31, 1978, and said agreement has been reduced to writing; and WHEREAS said agreement has been reviewed by your Personnel Committee which recommends approval of the agreement, NOW THEREFORE BE IT RESOLVED that the agreement between the 52nd District Court, the County of Oakland, the clerical employees, and Local 1881, American Federation of State, County and Municipal Employees, AFL-CIO, be and the same is hereby approved; and that the Chairman of this Board, on behalf of the County of Oakland, be and is hereby authorized to execute said agreement, a copy of which is attached hereto. The Personnel Committee, by John J. McDonald, Chairman, moves the adoption of the foregoing resolution. PERSONNEL COMMITTEE 1HEREVr,APPI3pVE THE FORGOING RESOLUTION FISCAL NOTE: BY: FINANCE COMMITTEE, PAUL E, KASPER, CHAIRMAN IN RE: MISC. RES. #8053 - 1977-1978 LABOR AGREEMENT FOR EMPLOYEES REPRESENTED BY LOCAL 1881, DISTRICT COURT EMPLOYEES, AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairman, Ladies and Gentlemen: Pursuant to Rule XI-C of this Board, the Finance Committee has reviewed Misc. Res. #8053 and finds that funds in the amount of $15,182 are available in the Non-Departmental line-item, Salary Adjustments. Said funds to be transferred to the appropriate salary line-items as follows: Division I 322-01 $5,625 Division II 323-01 4,789 Division III 324-01 4,768 Total $15,182 FINANCE COMMITTEE Paul E. Kasper, Chairman WILLIAM M. SPINELLI Deputy County Executive J. B. Dunkel, Jr. Department Director DANIEL T. Mintinfir Oakland CountyR.FEReturiNcuNG :TY CLERK 2 73 DEPARTMENT OF PERSONNEL August 8, 1977 C. Vincent Luzi Assistant Director Mr. Lynn D. Allen County Clerk Clerk/Register Dear Mr. Allen: For your files is a copy of the 52nd District Court Employees Collective Bargaining Agreement passed at the July 21, 1977 Board Meeting, Resolution #8053. If you have any questions regarding the contract, please contact me. VeRf)truly yours, Thomas R. Eaton Personnel Technician TRE:aav Enclosure Oakland County Courthouse, 1200 North Telegraph Road, Pontiac, Michigan 48053 (313) 858-0530 THE 52ND DISTRICT COURT AND THE COUNTY OF OAKLAND AND THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO COUNCIL 23 52ND DISTRICT COURT EMPLOYEES Collective Bargaining Agreement 1977 - 1978 AGREEMENT This agreement is made and entered into on this day of , A. D., 1977, by and between the 52nd District Court and the Oakland County Board of Commissioners, hereinafter referred to collectively as the "Employer", and Local 1881, American Federation of State, County and Municipal Employees, AFL-CIO, Council 23, 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 representative of all employees of the 52nd District 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 FIRST, SECOND, AND THIRD DIVISION OF THE 52ND DISTRICT COURT, EXCLUDING CONFIDENTIAL EMPLOYEES, SUPERVISORS, AND ELECTED OFFICIALS (Case No. R76 E-278) 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 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 authori- zations 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 deductions 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 each division of the 52nd District Court. There shall also be one Chief Steward representing all employees of the 52nd District Court. (2) 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 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 times except when permitted to leave their work to handle grievances. Section 2 There shall be a Grievance Committee consisting of three (3) members of the represented group, certified in writing to the Employer. Either the Local President or Chief Steward, or both, upon sufficient notice to the Employer, may substitute for a member or members of the Grievance Committee. 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. Section 3 - Bargaining Committee The Employer agrees to recognize one bargaining committee representing all three (3) division of the 52nd District Court, such ( committee shall be composed of not more than three (3) members selected by the Union and certified in writing to the Employer. 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. In the event the steward is called, he shall be released from his duties as soon as possible, but in any event, no later than the beginning of his shift the next day. 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. (4) 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 (10) days unless the time is extended by mutual agreement of both parties and the Employer will submit its written position on the grievance to the Local President within seven (7) working days following the Grievance Committee meeting. 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 written notice of intent to advance a grievance to arbitration must be submitted to the other party within fifteen (15) days following the grievance committee meeting. If proceedings to select an arbitrator, either through the American Arbitration Association or by mutual agreement of the parties, are not initiated within 30 days following receipt of the written notice of intent to arbitrate, then the matter shall be considered dropped. 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 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, within each division, appropriate space on bulletin boards which shall be used by the Union for posting notices, bearing the written approval of an officer of the Union local, which shall be restricted to: (5) (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) continuous months, in which event the employee's seniority will date back to the date of hire into the District Court. (It is understood that acquiring seniority requires the successful completion of the six (6) month probationary period. The application of the continuous six (6) month period shall be governed by the procedures described in Merit Rule 7, Section IV.) When the employee acquires seniority, his name shall be placed on the seniority list, in the order of his seniority date. Combined seniority shall be accumulated by an employee for work performed in the present three represented divisions of the 52nd District Court and, in addition, an employee in any of these divisions shall be credited for service performed in non-represented District Court classifications. This combined accumulated seniority during the period of any layoff can be utilized as described in Article VIII (a), hereinafter set forth, only within the division in which the employee is employed at the time of layoff. For the purpose of this contract a division shall be as recognized in the Bargaining Unit Certification (i.e. 1st, 2nd, 3rd Division of the 52nd District Court). An up-to-date seniority list shall be furnished to the Union every three (3) months. (6) 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 consecutive 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 except that, an employee shall not lose seniority If within three (3) days of receipt of notice of recall to work, he gives a written notice to the Employer of his intent to return to work within five (5) days of the receipt of such notice and does return within the five (5) day period. Consideration may be given by the Employer of reasons given by any employee who has given notice but fails to return within the five (5) day period. VIII. LAYOFF, RECALL AND TRANSFERS Section 1. (a) 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 division, based on capability of performing available jobs, and shall be recalled in the same order. (b) In the event of a layoff, the Employer shall furnish the Local Union a list of the employees to be laid off, such list to be furnished one week prior to the layoff, if possible, but in any event no later than the date the employee is notified. (7) (c) 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. Section 2. Any employee who has been promoted or transferred from a position, that is now in the bargaining unit, to another position within the District Court and remains within the Court, may enter or return to the unit at any time such a transfer is approved or directed by the Court; except that such entry or reentry shall not cause a reduction in bargaining unit employees unless the entry or reentry is caused by a corresponding reduction in the non-bargaining unit positions. Employees entering or returning to a position now in the bargaining unit may exert only his or her seniority accumulated while in a position that is now in the bargaining unit. In addition, in the event the employee was not the least senior member of the unit from which he or she is leaving at the time he or she enters or returns to the bargaining unit; then, in such case, the employee will assume the seniority of the least senior employee remaining in the unit which the employee has just left. IX. 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, color, creed, national origin or political affiliation. The Union shall share equally with the Employer the responsibility for applying this provision of the agreement. (8) Section 3. The reemployment rights of employees and probationary employees who are veterans will be limited by applicable laws and regulations. Section 4. 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 extended for a similar period at any time upon the written request of the Union. Any employee on approved Union leave of absence will continue to accumulate Union seniority while on leave but will not receive credit toward "Length of County Service" for fringe benefit purposes under Rule 22, Oakland County Merit System. Section 5. When any position not listed on the wage schedule is filled or established, the Employer may designate a job classification and rate structure for the position. In the event the Union does not agree that the classification, rate or structure are proper, the Union shall have the right to submit the issue as a grievance through the grievance procedure within a six (6) month period. Section 6. In the event that any other represented unit negotiates a contract with the County of Oakland containing any form of union security, the same right will automatically be given to the units covered under this agreement. Section 7. Special conferences for important matters may be arranged at a (9) mutually convenient time between the division steward 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 no more than three employee representatives of the Union and the Staff Representative, if so desired. Arrangements for such special conferences shall be made in advance and an agenda on 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 8. Any employee required to work overtime which is not contiguous to the employee's regular work schedule shall be entitled to a minimum of two (2) hours work or pay for weekdays and three (3) hours work or pay for weekends or holidays at the time-and-one-half rate. (Weekdays are defined as the first five (5) days of work which are part of an employee's regular work schedule.) Section 9. 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 forty-five (45) days following the date of the agreement between the parties. X. ADOPTION BY REFERENCE OF RELEVANT RESOLUTIONS AND PERSONNEL POLICIES The provisions of Miscellaneous Resolution 4606 as adopted by the then Oakland County Board of Supervisors on September 19, 1966 and approved by the electorage on November 8, 1966 shall continue to apply as set forth therein. The Employer and the Union, however, agree that in matters of dismissals, suspensions, demotions and disciplinary actions, seniority (10) employees shall have the right of appeal to the Personnel Appeal Board in accordance with the rules of the Merit System and the Personnel Appeal Board, and the decision of the Board shall be final and binding. Employees covered by this agreement shall be entitled to vote in the election for employee selected members of the Personnel Appeal Board. 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. MAINTENANCE OF CONDITIONS Wages, hours and conditions of employment 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 agreement. XII. ECONOMIC MATTERS Wages and other economics are attached hereto as Appendix A and Appendix B. XIII. 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 all such persons shall immediately cease the offending conduct. The Employer will not lockout any employees of the bargaining unit during the term of this agreement. (11 ) XIV. DURATION This agreement shall remain in full force and effect until midnight, December 31, 1978. 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 (60) days prior to the anniversary date. This agreement shall remain in full force and be effective during the period of negotiations and until notice of termi- nation of this agreement is provided to the other party in the manner set forth in the following paragraph. 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 for continued application. The Union recognizes the right and duty of the District 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 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. (12) 52NDAISTRICT COURT / ge"-Ge raid E. McNally Chief Judge age Gene Schn udge I r COUNTY OF OAKLAND, a MiOigan Constitutional CorAkkaelOn OferA CI Wallaa K/Gabler, Jr., Qffairman Board of Commissioners AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES METROPOLITAN COUNCIL NO. 23 AFL-CIO, LOCAL 1881 cr APPENDIX A SALARIES The following merit salary schedule shall prevail for the period from January 1, 1977, through June 30, 1977:* CLASSIFICATION BASE 6 MO. 1 YEAR 2 YEAR 3 YEAR 4 YEAR District Court Clerk 8,444 8,615 8,787 9,129 9,472 9,813 District Court Processing Assistant 9,472 9,928 10,385 10,841 District Court Technical Aide 10,385 10,841 11,297 11,754 *Effective July 1, 1977, these rates shall be increased by one (1) percent over the rates shown; effective January 1, 1978, the rates shall be increased four (4) percent over the July 1, 1977 rates; effective July 1, 1978, the rates shall be increased two (2) percent over the January 1, 1978 rates and shall remain effective through December 31, 1978. II If all non-represented, non-supervisory clerical classifications are increased for 1978 on a County-wide basis in an amount greater than the percentage increases called for in this agreement then these represented classes will be increased also. Any additional increases in these classifications will continue to maintain the same general differential between each classification and its nearest comparable non-supervisory class as shown in the 1977 wage schedule. APPENDIX B For the following fringe benefits refer to the Oakland County Employees' Handbook: 1. Injury on the Job *2. Holidays 3. Leave of Absence 4. Ltfe Insurance 5. Longevity 6. Master Medical Insurance 7. Sick Leave **8. Retirement 9. Annual Leave ***10. Income Continuation Insurance ****11. Dental Insurance *****12. Tuition Reimbursement * The revisions in Merit Rule 26, "Legal Holidays" which eliminate Good Friday holiday provisions and add provisions for a Floating Holiday are incorporated in this agreement. This non—accruable Floating Holiday may be used by employees who have completed three months service, with prior permission, as a religious holiday, for an employee's birthday, or for other purposes desired by the employee. There shall be no premium pay in conjunction with this day and the department head shall be responsible for considering the best interest of the department and County service when approving use of the Floating Holiday. ** Effecitve January 1, 1978, employees hired after this date will not be eligible to include final sick leave or annual leave payments as part of their "Final Average Compensation" for the purpose of computing retirement benefits. *** Effective January 1, 1977, in the event an employee has previously received income continuation insurance, benefits will begin on the day following the day the disability has lasted for a continuous number of work days equal to seventy percent (70%) of the number of sick leave days the employee has earned since he or she last utilized income continuation insurance. APPENDIX B (con't) **** The $500 lifetime maximum, applied to Type C expenses in connection with fixed bridge work, will no longer be in effect. ***** Effective May 1, 1977, a maximum reimbursement limit of $350 per semester will be established. Effective January 1, 1978 the maximum reimbursement limit shall be increased to $400 per semester (the current two class limit per semester will not change). Employees accepted to degree programs prior to October 1, 1977 will not be subject to the dollar limitation providing their progress in the program is continuous as set forth in the revised Merit Rule #20. II Effective January 1, 1977, employees required to drive their personal vehicle on official County business shall receive sixteen (16) cents per mile. Effective January 1, 1978, employees required to drive their personal vehicles on official County business shall receive seventeen (17) cents per mile. #8053 July 21, 1977 Moved by McDonald supported by Roth the report be accepted and Resolution #8053 be adopted. AYES: Doyon, Fortino, Gabler, Gorsline, Hoot, Kasper, Kelly, Lanni, McConnell, McDonald, Moffitt, Montante, Moxley, Murphy, Olson, Page, Patterson, Perinoff, Pernick, Peterson, Price, Roth, Simson, Aaron, Daly, DiGiovanni. (26) NAYS: None. (0) A sufficient majority having voted therefor, the report was accepted and Resolution #8053 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 Miscellaneous Resolution #8053 adopted by the Oakland County Board of Commissioners at their meeting held on July 21, 1977 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 1.5t day of July 19...77 Lynn D. Allen Clerk By Deputy Clerk this