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HomeMy WebLinkAboutResolutions - 1977.07.21 - 105558054 July 7, 1977 Miscellaneous Resolution BY: PERSONNEL COMMITTEE - John J. McDonald, Chairman IN RE: 1977-1978 LABOR AGREEMENT FOR EMPLOYEES REPRESENTED BY LOCAL 2437, CASEWORKERS, AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairman, Ladies and Gentlemen: WHEREAS the Oakland County Probate Court, the County of Oakland and Local 2437 of the American Federation of State, County and Municipal Employees, AFL-CIO, have been negotiating a contract covering 73 casework employees of the Oakland County Probate Court; and WHEREAS a two-year agreement has been reached with the Caseworker 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 Oakland County Probate Court, the County of Oakland, the casework employees, and Local 2437, 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. PERSONN (:'.-1.44/20,cotec hn J. McDonald, CYlairman ' FOVrTFIS 9REGOING RESOLUTION! FISCAL NOTE: BY: FINANCE COMMITTEE, PAUL E, KASPER, CHAIRMAN IN RE: MISC. RES. #8054 - 1977-1978 LABOR AGREEMENT FOR EMPLOYEES REPRESENTED BY LOCAL 2437, CASEWORKERS, 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. #8054 and finds that funds in the amount of $52,101 are available in the Non-Departmental line-item, Salary Adjustments. Said funds to be transferred to the appropriate salary line-items as follows: Juvenile Court - Casework Foster Care 4 Adoption Intake Investigation Volunteer Programs Youth Assistance Children's Village - Administration Child Care $20,950 6,153 4,030 1,706 16,658 $49,497 $ 1,137 1,467 $ 2,604 FINANCE COMMITTEE Paul E. Kasper, Chairman THE OAKLAND COUNTY PROBATE COURT AND THE COUNTY OF OAKLAND AND THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO COUNCIL 23 PROBATE COURT CASEWORKER 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 Oakland County Probate Court and the Oakland County Board of Commissioners, hereinafter referred to collectively as the "Employer", and Local 2437, 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 representative of the Casework employees 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 operations 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 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. However, an employee shall continue to be subject to Check-off deductions which he has authorized when he may be transferred from this bargaining unit to another bargaining unit represented by Local 2437, Council 23, American Federation of State, County and Municipal Employees. (c) 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 this agreement. (d) 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. (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 also be one Chief Steward and one alternate Chief Steward. Section 3 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 cotmittee. 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. (3) Section 4 - Bargaining Committee The Employer agrees to recognize one bargaining committee representing both the Probate Caseworker and Non-Caseworker bargaining units, such committee shall be composed of not more than five (5) members selected by the Union and certified in writing to the Employer. The Local President may participate as an additional member of the bargaining committee. NOTE: This combined Caseworker and Non-Caseworker Bargaining Committee is also referred to in Article IV of the Probate Non-Caseworker current collective bargaining agreement. 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 l 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 •(4) 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 (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. 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 committee 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 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 (5) 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 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. 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 two represented units in Probate Court and, in addition, an employee in either unit shall be credited for service performed in non-represented Probate 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 bargaining unit in which the employee is employed at the time of layoff. An up-to-date seniority list shall be furnished to the Union every three (3) months. An employee shall lose his seniority for the following reasons: (a) If the employee resigns or retires; (6) (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 (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, based on capability of performing available jobs and shall be recalled in the same order. (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. PROMOTIONS All promotions within the bargaining unit shall be made on the basis of competitive examination as provided for in the Oakland County Merit (7) System. The employer will make his selection for promotion from the three highest ranking candidates who have passed the promotional examination. X. 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. 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. (8) Section 5 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 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 mutually convenient time between the Local President 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 If a medical divergence of opinion occurs between the employee's doctor and management's doctor with respect to whether the employee is able to return to work from a non-work related illness or injury, the parties may, by mutual agreement, refer the employee to a clinic or physician mutually agreed upon for a decision as to whether or not he or she is able to return to work. (9) The expense of any mutually agreed to examination, in accordance with the above provision, shall be paid one-half by the employee and one-half by the County. Employees shall be eligible to request utilization of this provision only upon posting an amount with the Employer sufficient to cover his or her portion of the anticipated expenses, or signing a waiver to provide withholding of said amount from any future earnings or other payments awed the employee by the Employer. If either of the parties disagree on the necessity of the third opinion, the disagreeing party will provide a letter of explanation to the other party for purposes of communication. Section 9 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 10 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. XI. ADOPTION BY REFERENCE OF RELEVANT RESOLUTIONS 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 (10) 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. XII. 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 except that some benefits may be increased or decreased in the process of negotiations between the parties and made a part of the final agreement. XIII. ECONOMIC MATTERS Wages and other economics are attached hereto as Appendix A and Appendix B. XIV. 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. XV. 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) (11) 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 termination 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. 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 appendix 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. (12) AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES METROPOLITAN COUNCIL NO. 23 AFL-CIO, LOCAL 2437 Constitutional Co *o ,atj,,,.. /dr B Aridiaiiia 41// , , - ..- 011 Pr 40 /4( n .....,.." Wa1lac5'7 "r a. er , Jr., Chai Board of Commissioners OAKLAND COUNTY PROBATE COURT tI2,ez_z Judge Donald E. Adams Senior Probate Judge COUNTY OF OAKLAND, a Michigan CASEWORKER AGREEMENT APPENDIX A SALARIES (a) The following merit salary schedule shall prevail for the period from January 1, 1977, through June 30, 1977: CLASSIFICATION Boys Boarding Home Supervisor Child Welfare Worker I Child Welfare Worker I - Asst. County Agent* Child Welfare Worker II Child Welfare Worker II - Asst. County Agent* Child Welfare Worker II - County Agent* Child Welfare Worker Trainee Juvenile Court Intake Worker BASE 6 MO. 1 YEAR 2 YEAR 3 YEAR 13,035 13,773 14,510 16,010 16,875 11,360 12,198 11,360 12,198 13,035 13,773 14,510 16,010 16,875 13,035 13,773 14,510 16,010 16,875 13,035 13,773 14,510 16,010 16,875 10,000 FLAT RATE 17,406 18,283 (b) The following merit salary schedule shall prevail for the period from July 1, 1977, through December 31, 1977: CLASSIFICATION Boys Boarding Home Supervisor Child Welfare Worker I Child Welfare Worker I - Asst. County Agent* Child Welfare Worker II Child Welfare Worker II - Asst. County Agent* Child Welfare Worker II - County Agent* Child Welfare Worker Trainee Juvenile Court Intake Worker BASE 6 MO. 1 YEAR 2 YEAR 3 YEAR 13,165 13,911 14,655 16,170 17,094 11,474 12,320 11,474 12,320 13,165 13,911 14,655 16,170 17,094 13,165 13,911 14,655 16,170 17,094 13,165 13,911 14,655 16,170 17,094 10,000 FLAT RATE 17,580 18,466 *The County will supplement the State wage portion to the extent that the total salary will equal the rate shown in this schedule. 2 YEAR 17,153 3 YEAR 18,314 (c) The following merit salary schedule shall prevail for the period from January 1, 1978, through June 30, 1978: CLASSIFICATION Boys Boarding Home Supervisor Child Welfare Worker I Child Welfare Worker I - Asst. County Agent* Child Welfare Worker II Child Welfare Worker II - Asst. County Agent* Child Welfare Worker II - County Agent* Child Welfare Worker Trainee Juvenile Court Intake Worker BASE 6M0. 1 YEAR 2 YEAR 3 YEAR 13,695 14,467 15,241 16,817 17,828 11,933 12,813 11,933 12,813 13,692 14,467 15,241 16,817 17,828 13,692 14,467 15,241 16,817 17,828 13,692 14,467 15,241 16,817 17,828 10,423 FLAT RATE 18,283 19,205 (d) The following merit salary schedule shall prevail for the period from July 1, 1978, through December 31, 1978: CLASSIFICATION Boys Boarding Home Supervisor Child Welfare Worker I Child Welfare Worker I - Asst. County Agent* Child Welfare Worker II Child Welfare Worker II - Asst. County Agent* Child Welfare Worker II - County Agent* Child Welfare Worker Trainee Juvenile Court Intake Worker BASE 6 MO. 1 YEAR 13,966 14,756 15,546 12,172 13,069 12,172 13,069 13,966 14,756 15,546 13,966 14,756 15,546 13,966 14,756 15,546 10,631 FLAT RATE 18,649 19,689 17,153 18,314 17,153 18,314 17,153 18,314 *The County will supplement the State wage portion to the extent that the total salary will equal the rate shown in this schedule. • ,• CASEWORKER AGREEMENT APPENDIX B For the following fringe benefits refer to the Oakland County Employees' Handbook: I. 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 ***10. Income Continuation Insurance ****11. Dental Insurance *****12. Tuition Reimbursement * Merit Rule 26, "Legal Holidays", will be revised prior to April 1, 1977, eliminating Good Friday holiday provisions and adding provisions for a Floating Holiday. This non-accruable 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. ** Effective 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 limination 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. (In the event there is a Federal tax placed on gasoline for the purpose of energy conservation, the Employer agrees to discuss the matter with the Union.) The past practice of paying mileage on a "home to home" basis for employees working overtime is to be eliminated. III COUNTY AGENT AND ASSISTANT COUNTY AGENT FRINGE BENEFITS (a) Mileage These employees will not be eligible to receive mileage reimbursement from the County for driving their private vehicle on employment related business. (b) Health and Dental Insurance These employees will receive the above benefits consistent with other full-time eligible County employees. .• ..': APPENDIX B (con't) (c) Life Insurance Coverage, Retirement Plan and Longevity Pay All coverages and the required life insurance contribution shall be calculated on only the County portion of the employees' salary. (d) Income Continuation Insurance These benefits are to be calculated on the employees' combined County and State salary. #8054 July 21, 1977 21st this Moved by McDonald supported by Olson the report be accepted and Resolution #8054 be adopted. AYES: Fortino, Gabler, Gorsline, Hoot, Kasper, Kelly, Lanni, McConnell, McDonald, Moffitt, Montante, Moxley, Murphy, Olson, Page, Patterson, Perinoff, Pernick, Peterson, Price, Roth, Simson, Wilcox, Aaron, Daly, DiGiovanni, Doyon. (27) NAYS: None. (0) A sufficient majority having voted therefor, the report was accepted and Resolution #8054 was adopted. STATE OF MICHIGAN) COUNTY OF OAKLAND) 1, 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 #8054 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 day of July 19 27.. Lynn D. Allen Clerk By Deputy Clerk