HomeMy WebLinkAboutResolutions - 1985.12.12 - 11310ohn-"J. McDonald, Chairperson
FORFGOING RESOLLIti
t)er 21, 1985 Miscellaneous Resolution # 85350 Novem
BY: PERSONNEL COMMITTEE - John J. McDonald, Chairperson
IN RE: PERSONNEL DEPARTMENT - 1984 - 1985 LABOR AGREEMENT FOR EMPLOYEES
REPRESENTED BY THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL
EMPLOYEES, AFL-CIO LOCAL 3075
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS a labor agreement covering the Prosecutor's Investigators
assigned to the Oakland County Prosecutor has been negotiated with the
American Federation of State, County and Municipal Employees, AFL-CIO Local
3075; and
WHEREAS a two (2) year agreement has been reached with the Union
for the period January 1, 1985 through December 31, 1986 and said agreement
has been reduced to writing; and
WHEREAS your Personnel Committee has reviewed the agreement covering
employees represented by the Union and recommends approval of the agreement;
NOW THEREFORE BE IT RESOLVED that the agreement between the County
of Oakland, the Oakland County Prosecutor, and Local 3075, American Federation
of State, County and Municipal Employees, AFL-CIO, be and the same is hereby
approved, and that the Chairperson of this Board on behaif of the County
of Oakland be and is hereby authorized to execute said agreement a copy of
which is attached hereto.
Mr. Chairperson, on behalf of the Personnel Committee, I move the
adoption of the foregoing resolution.
PERSONNEL COMMITTEE
THE COUNTY OF OAKLAND AND THE
OAKLAND COUNTY PROSECUTOR
AND
LOCAL 3075, MICHIGAN COUNCIL 25
AMERICAN FEDERATION OF STATE, CO
AND MUNICIPAL EMPLOYEES
PROSECUTOR'S INVESTIGATORS
7,TY
Collective Bargaining Agreement
1985 - 1986
AGREEMENT
This agreement is made and entered into on this ( „iL, day of
, A.D., 1985, by and between the Oakland County Prosecutor and
the Oakland County Board of Commissioners, hereinafter referred to collectively as
the "Employer", and Local 3075 Michigan Council 25, 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
employees of the Oakland County Prosecutor's Office, for the purpose 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
Prosecutor's Office as defined in
M.E.R.C. Case #76,H410 (Prosecutor's Investigators
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
C. SUSPENSION WITHOUT PAY
This is an action taken by the Prosecuting Attorney or the Chief
Assistant Prosecutor which removes the employee from employment in the
Prosecutor's Office and from the County payroll for a definite period of time.
This action does not require the employee's consent to placing him on
such a leave without pay.
The employee does not accrue salary, annual leave credit or sick leave
credit during the time he is suspended, nor can he use such time while on
suspension.
At the end of the suspension, the employee shall be returned to the
payroll at the same classification and salary as when he was suspended.
Suspensions without pay must be given on forms provided by the Personnel
Department of the County.
D. REMOVAL OR DISMISSAL
This is an action taken by the Prosecuting Attorney or the Chief
Assistant Prosecutor which permanently removes an employee from employment in the
Prosecutor's Office and from the County payroll.
Dismissed employees need not be kept in employment or be paid for any
time after completion of their normal working day on the day they are dismissed.
Dismissed employees shall be treated the same as employees separated for
reasons other than retirement in the matters of paying, for unused accumulated
annual leave, compensatory time and unused sick leave accumulation.
Dismissals must be given on forms provided by the Personnel Department
of the County.
(3)
Section 2
METHOD OF NOTIFYING AN EMPLOYEE OF A DISCIPLINARY ACTION
For any form of disciplinary action, other than oral reprimand, a
written notice of the action, giving specific reasons for the action and the
effective dates and conditions of the action, must be signed by the Prosecuting
Attorney or Chief Assistant Prosecutor and be presented to the employee in person
by the Prosecuting Attorney, the Chief Assistant Prosecutor or his authorized
subordinate, or sent to the employee's last known address by registered mail,
restricted delivery, with return receipt requested, on or prior to the effective
date of the action.
Where available, the written notice of disciplinary action must be on
official forms of the Personnel Department of the County.
Section 3
APPEAL OF DISCIPLINARY ACTION
An employee subject to any disciplinary action who has completed his
probationary period, has the right, within ten (10) calendar days of receiving
notice of such action, to demand in writing a review of the disciplinary action by
a Trial Board as hereinafter provided. The appeal must be delivered to the
Prosecuting Attorney or Chief Assistant Prosecutor in person or by certified mail
within the time allowed. The appeal must contain the reasons why the employee
feels the appealed action was not justified and state the remedial action
requested.
(4)
If the employee has not withdrawn his appeal by 5:00 p.m. on the
twentieth (20) calendar day after the date the disciplinary action was taken, the
Prosecuting Attorney shall schedule a hearing on the matter before the Trial Board
within thirty (30) days of the date of the disciplinary action.
Section 4
PROBATIONARY STATUS
Every Prosecutor Investigator shall serve a six month trial period
immediately following his appointment, promotion or reemployment. This
probationary period is a continuation of the selection, promotional or
reemployment process and the appointment, promotion or reemployment is not
complete until the employee has successfully completed the probationary period.
The probationary period shall begin on the effective date of appointment
or reemployment and shall end on the same date of the sixth month in the future.
During the probationary period following an appointment or reemployment,
an employee does not have the right to appeal a dismissal, suspension or
disciplinary action to the Trial Board, and such action taken by the Prosecuting
Attorney or Chief Assistant Prosecutor shall be final. Moreover, during a
probationary period following a promotion, an employee does not have the right to
appeal a demotion to the highest classification in which he has completed his
probationary period.
(5)
Section 5
TRIAL BOARD
The Trial Board shall consist only of the following individuals:
1. The Prosecuting Attorney or his designated representative.
2. A fellow member of the Bargaining Unit selected by members of that
Unit.
3. Post Commander, Michigan State Police, Pontiac Post No. 27.
The Prosecuting Attorney or his designated representative shall be the
Chairman of the Trial Board.
If the Post Commander of the Michigan State Police Post No. 27 is
unwilling or unable to serve as a member of the Trial Board, the Prosecuting
Attorney and the representative of the Bargaining Unit will attempt to mutually
agree upon a disinterested third party to serve in his stead.
The decision of the majority of the Trial Board shall be a final and
binding decision regarding the disciplinary action.
In any type of disciplinary action, other than an oral reprimand, the
employee subject to the action shall have the right to have a fellow member of the
Bargaining Unit present during any discussions and at the Trial Board hearing if
one is held.
(6)
Section 6
CONDUCT OF TRIAL BOARD HEARINGS
1. The Trial Board may conduct its hearings in an informal manner, but
witnesses in such hearings shall be sworn.
2. The department head may represent himself or be represented by a
member of his staff.
3. The employee may represent himself or be represented by the member
of the Bargaining Unit selected to represent members of the Bargaining Unit in
disciplinary matters. Additionally, at the request of the disciplined employee, a
member of Council 25 AFSCHE may attend in an advisory capacity.
4. The Trial Board may subpoena witnesses and records as it finds
necessary.
5. A quorum shall consist of all three Trial Board members present.
6. A majority vote of two of the Trial Board members shall be required
for binding action.
7. The Trial Board may either affirm, modify or revoke the order of
dismissal, suspension or disciplinary action to any extent, if in its judgment, is
equitable. The decision and findings of facts shall be reduced to writing, shall
be certified and forwarded to the interested parties and shall be enforced and
followed by them.
a. If the action of the department head is affirmed, by the Trial
Board, the effective date of the action shall stand.
(7)
b. If the action of the department head is modified by the Trial
Board, compensation and other benefits shall be in accordance
with and in proportion to the extent of such modification.
c. If the action of the department head is revoked by the Trial
Board, all compensation and other benefits which would have
been accrued to the employee from the effective date of the
action shall be restored to him.
IV. 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 at the sole
discretion of the Prosecutor and shall be recalled in the same order that they
were laid off. Prosecutor's Investigators shall be eligible for recall for 36
months following the date of their layoff. New Prosecutor's Investigators shall
not be hired while there are investigators eligible for recall on layoff.
V. REPRESENTATION
The Bargaining Unit shall select by a majority vote, one of their
members to represent them in matters of disciplinary action. His name shall be
certified in writing to the Prosecuting Attorney. Permission for the
representative of the Bargaining Unit to leave his work station for the purpose of
handling disciplinary matters will not be unreasonably withheld.
VI. BULLETIN BOARD
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 be restricted to:
(a) Notices of Union recreational and social affairs;
(b) Notices of Union elections;
(8)
(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. PROMOTIONS
All promotions within the Bargaining Unit shall be made on the basis of
competitive examination. The Prosecuting Attorney will make his selection for
promotion from the three highest ranking candidates who have passed the
promotional examination.
VIII. FALSE ARREST INSURANCE
Employees covered by this agreement shall be provided, by the Employer,
a policy of False Arrest Liability Insurance. The premiums for such insurance
will be paid by the County.
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.
Section 3
The reemployment rights of employees and probationary employees who are
veterans will be limited by applicable laws and regulations.
(9)
X. MERIT SYSTEM RESOLUTION
The provisions of Miscellaneous Resolution #4606 as adopted by the then
Oakland County Board of Supervisors on September 19, 1966 and approved by the
electorate on November 8, 1966 shall continue to apply as set forth therein.
This is to be interpreted to mean that represented employees shall be
covered by all Merit System Rules in effect on the date of the signing of this
agreement except for those rules dealing specifically with the manner of
selection, appointment, removal from office or limitations of political activity.
In accordance with past practice, 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 with 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 legally in effect at the
execution of this agreement, shall, except as improved herein, be maintained
during the term of this agreement. No employee shall suffer a reduction in such
benefits as a consequence of the execution of this agreement.
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 slow-down or any violation of any State law. In the
event of a work stoppage or other curtailment, the Union shall immediately
(10)
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.
XIII. SPECIAL CONFERENCES
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 two 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 conference.
XIV. FUTURE NEGOTIATIONS AS TO AGENCY SHOP
In the event that any other represented unit negotiates a contract with
the County of Oakland containing any form of Agency Shops, this unit may then
request negotiations to discuss a modified Agency Shop.
(11)
XV. FINAL AVERAGE COMPENSATION
It is hereby agreed by the parties that, effective January 1, 1978,
employees hired after this date will not be eligible to include sick leave, annual
leave, or any overtime payments as part of their "Final Average Compensation" for
the purpose of computing retirement benefits.
XVI. 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, and an itemized statement to the Chapter Chairman, 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 Council 25,
American Federation of State, County and Municipal Employees.
(c) Any employee may voluntarily cancel or revoke the Authorization for
Check-off deductions upon written notice to the Employer and the Union submitted
during the fifteen (15) day period prior to the expiration of the agreement.
(12)
(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.
XVII. DURATION
This agreement shall remain in full force and effect from January 1,
1985, to midnight, December 31, 1986. It shall be automatically renewed from year
to year thereafter unless either party shall notify the other in writing ninety
(90) 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
ninety (90) 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 (10) 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.
(13)
„
(14)
XVIII. ECONOMIC 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.
AMERICAN FEDERATION OF
STATE, COUNTY AND MUNICIPAL EMPLOYEES,
AFL-CIO, MICHIGAN COUNCIL 25 OAKLAND COUNTY PROSECUTOR
L. Brooks Patterson
Prosecuting Attorney
COUNTY OF OAKLAND, A Michigan
Constitutional Corporation
BY:
Richard R. Wilcox, Chairperson
Board of Commissioners
OAKLAND COUNTY EXECUTIVE
PROSECUTOR'S INVESTIGATOR
APPENDIX A
A. For the following fringe benefits, refer to the Oakland County
Employees' Handbook:
1. Injury on the Job
*2. Holidays
3. Leave of Absence
4. Life Insurance
5. Longevity
6. Master Medical Insurance
7. Sick Leave
8. Retirement
9. Annual Leave
10. Income Continuation Insurance
11. Dental Insurance
12. Tuition Reimbursement
B. Fringe Benefits - All fringe benefit improvements offered on a County-
wide basis to non-represented employees during the calendar years 1935 shall also
be applied to Employees represented by Local 3075 and become a part of this
agreement.
*Effective 1-1-83 revised Merit Rule #26 (Sections 1A, II, III and IV) pertaining
to Legal Holidays will be in effect for employees represented by this bargaining
unit.
(15)
Effective January 1, 1982, employees required to drive their personal
vehicle on official County business shall receive twenty-five (25) cents per mile.
III
Effective January 1, 1985, Prosecutor's Investigators will be eligible
to receive a Clothing Allowance of $300 annually to be paid in installments of $150
June 15 and $150 December 15.
The 1985 Clothing Allowance will be paid in one payment of $300 by
December 1, 1985.
(16)
PROSECUTOR'S INVESTIGATOR
APPENDIX B
MERIT SALARY SCHEDULES FOR 1985
(a) Prosecutor's Investigators hired prior to 1/1/81
$30,017 flat rate
These employees will continue to contribute 6% of their total wages
toward the Retirement Plan.
(b) Prosecutor's Investigators hired on or after 1/1/81
$28,317 flat rate
These employees will not contribute to the Retirement Plan but will be
covered by the plan in the same manner as other County employees.
MERIT SALARY SCHEDULE FOR 1986
All employees represented by this bargaining unit shall receive any
general wage increases approved by the Oakland County Board of Commissioners to
take effect during calendar year 1986 for non-represented employees.
Any wage increase up to 3% shall be applied to reduce by an
equivalent amount, the Retirement Contribution for employees hired prior to
January 1, 1981.
(17)
P9
FISCAL NOTE
BY: FINANCE CCMITTEE, DR. G. WILLIAM CADDELL, CHAIRPERSON
IN RE: PERSONNEL DEPARTMENT - 1985-1986 - LABOR MARKET AGREEMENT FOR
EMPLOYEES REPRESENTED BY THE AMERICAN FEDERATION OF STATE,
COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO LOCAL 3075 -
MISCELLANEOUS RESOLUTION 1185350
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
Pursuant to Rule XI-C of this Board, the Finance Committee has reviewed
Miscellaneous Resolution 1185350 and finds:
1) The agreement for the two year period, January 1, 198.5 through
December 31, 1986, covers 5 governmental positions and 2 special revenue
positions,
The first year cost of $295,835, of which $214,775 is salary cost, $78,960 is
fringe benefit cost, and $2,100 is a clothing allowance, is an increase of
$11,584 over the 1985 amended budget as detailed on the attached schedule.
Any increase in the second year will match the percentage increase, if any,
granted for non-represented employees,
3) $6,819 is available in the 1985 Salary Adjustment Account, $1,459 is available
in the 1985 Fringe Benefit Account, and the balance, $3,306, \yin be absorbed
by the Prosecutor Cooperative Reimbursement Grant,
4) The Board of Commissioners appropriates $6,819 from the 1985 Salary
Adjustment Account, $1,459 from the 1985 Fringe Benefit Account, and
transfers said amount to the 1985 Governmental Fund Budget as per attached
schedule.
FINANCE COV \1TTTE
Fund Number
10100
27304
GRAND TOTAL
SCHEDULE
PROSECUTING ATTORNEY - INVESTIGATORS
UNION COST SETTLEMENT
171/85 - 12/31/85
Division Salary
and Unit Increase
416-01 $6,819 *
415-01 2,715
-
$9,534
Fringe Benefit
Increase
$1,459
591
$2,050
Total
$8,278
3,306
$11,584
Includes $300 Clothing Allowance per employee
12th day of December 19 85
ALLEN
County Clerk/Register of Deeds
#85350 December 12, 1985
Moved by McDonald supported by Fortino the resolution be adopted.
AYES: Price, Rewold, Skarritt, Webb, Wilcox, Caddell, Doyon, Fortino, Gosling,
Hobart, R. Kuhn, S. Kuhn, Lanni, Law, McConnell, McDonald, Nelson, Olsen, Page, Perinoff,
Perinick. (21)
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
Miscellaneous Resolution adopted by the Oakland County Board of Commissioners
at their meeting held on December 12, 1985._
with the orginial 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
