HomeMy WebLinkAboutResolutions - 1980.08.14 - 11807Miscellaneous Resolution If 9482 July 24, 1980
BY: PERSONNEL COMMITTEE - John J. McDonald, Chairperson
IN RE: 1979- 1981 TENTATIVE LABOR AGREEMENT FOR SAFETY DIVISION EMPLOYEES
LOCAL 129, TEAMSTERS
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS representatives of the County of Oakland and Teamsters
Local 129 have been negotiating a contract covering Safety Officers and
Building Safety Attendants in the Safety Division of the Central Services
Department; and
WHEREAS a two-year tentative agreement covering these employees
has been reached with the union for the period of July 1, 1979 through
June 30, 1981 and said agreement has been reduced to writing; and
WHEREAS your Personnel Committee has reviewed the Labor Agreement
covering employees represented by Local 129, Teamsters, and recommends
approval of the Agreement;
NOW THEREFORE BE IT RESOLVED that the attached Agreement between
the County of Oakland and Teamsters Local 129 be and the same are hereby
approved and that the Chairperson 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.
Mr. Chairperson, on behalf of the Personnel Committee, I move the
adoption of the foregoing resolution.
PERSONNEL COMMITTEE
I HEREBY AI 6: THE FOR 101,
FISCAL NOTE
BY: FINANCE COMMITTEE, DENNIS MURPHY, CHAIRPERSON
IN RE: MISCELLANEOUS RESOLUTION #9482 - 979 -1981 - TENTATIVE LABOR
AGREEMENT FOR SAFETY DIVISION EMPLOYEES LOCAL 129, TEAMSTERS
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
Pursuant to Rule XI-C of this Board, the Finance Committee has re-
viewed Miscellaneous Resolution #9482 and finds the subject labor agree-
ment has an estimated cost of $10,489 for 1979 and $63,382 for 1980. The
Finance Committee finds the 1979 portion of $10,489 available in the 1979
reserve account and the 1980 portion of $63,382 available in the 1980 Salary
Adjustment appropriation. The Board Df Comilissioners appropriates the 1980
amount of $63,382 to the 1980 Safety Division salary accounts from the 1980
salary adjustment appropriation as follows:
nt
Further, the estimated cost of the 1981 portion co\,
101 00 -991 -02-00 -9991
10100-132-02-00-1001
10100-132-02-00-1003
10100-132-02-00-1005
10100-132-02-00-1007
10100-132-02-00-1008
10100-132-02-00-1019
10100-132-02-00-1020
Salary A0jut
Salary
Holiday
Annual Leave
Holiday Comp.
Sick Leave
Workers Comp.
Death Leave
$(63,382)
55,142
2,662
3,232
253
1,965
64
64
-0-
the period
January 1, 1981 through June 30, 1981 be included in the 1981 Safety Division-
Salary Budget.
FINANCE COMMITTEE
MEMORANDUM OF AGREEMENT
This Agreement made this day of ,---4(a / , 1980
between the County of Oakland, and Local 129 Teamsters, tate, County and
Municipal Workers.
It is Agreed between the parties that the following changes and
additions to the Merit System Rules will be implemented by the, employer.
Merit Rule #2
The advancement to the next higher rate within a salary
range shall be called a Merit Increase and shall be based
not only on the passage of the indicated length of service
[at a step within the salary range for that Et-the classi-
fication, but also on the written recommendation of the
employee's Department Head as expressed on the official
Personnel 144t4s-ien [Department] Merit Increase form. The
affected employee shall receive a copy of the completed
Merit Increase form, whether the Merit Increase was granted
or not. A-4+sappreved-MeTt-inerease-45-ft-e4seftery
ftet+eeT-and-as-efteitT-mft7-be-erpetrie4-te-the-PerseIlme4-Appetil
Beare.
[In unusual circumstances an employee may receive an early
merit increase, i.e. moving to a salary step earlier than
provided for in the salary structure. Such movement must
be clearly justified for exceptional performance and/or
additional experience or education not previously considered
in other salary decisions. Documentation for such consi-
deration shall be submitted in compliance with applicable
provisions of the Merit System Rules, administrative guide-
lines as established by the County Executive, and approved
in advance by the Personnel Department.]
'Murphy
[An employee not granted a merit increase must receive a
written explanation of the reasons therefore and the im-
provement in performance required to qualify for a merit
increase. This performance must be reviewed again at six
month intervals. If the merit increase is not granted
at the end of 18 months from the date of the first denial,
it shall be deemed a disciplinary action at that point in
time, and as such, may be appealed to the Personnel Appeal
Board. If the Personnel Appeal Board grants the merit
increase, it cannot be effective earlier than 12 months
prior to the date it became a disciplinary action as
defined above.]
Merit Rule #3
[If the Personnel Department should determine that a
classification study is not warranted, the employee may
appeal that determination to the Personnel Committee.
The Personnel Committee shall then decide, based only
upon information contained in the employee's written
request, whether a classification study is warranted.
The Personnel Committee may direct the Personnel De-
partment to conduct a classification study, if it finds
sufficient reason in the employee's written request to
warrant a study.]
LOCAL 129, TEAMTErS, STATE COUNTY OF OAKLAND, a Michigan
COUNTY A.N1)) MUNIC -rM- WORKERS ConstItuional Corporation
W. F. Gabler, Jr., Chairperson
Board of Commissioners
OAKLAND COUNTY 7XECUTIVE
-2-
THE COUNTY OF OAKLAND
LOCAL 129, TEAMSTERS,
STATE, COUNTY AND MUNICIPAL WORKERS
SAFETY DIVISION EMPLOYEES
Collective Bargaining Agreement
July 1979 - June 1981
AGREEMENT
This agreement is made and entered into on this, ,.'"/Y day of
, A.D., 1980, by and between the Oakland County Board of
Ssioners and the Oakland County Executive, hereinafter referred to
collectively as the "Employer", and Teamsters State, County and Municipal
. Employees Local 129, affiliated with the International Brotherhood of Teamsters
Chauffeurs, Warehousemen and Helpers of America, 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 Safety Officers and Building Safety Attendants of the Oakland County
Safety Division, 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 Safety Officers and Building Safety Attendants
of the Oakland County Safety Division excluding all
seasonal employees, clerical employees, supervisory
employees and all other employees.
II. MANAGEMENT RESPONSIBILITY
The right to hire, promote, discharge or discipline, and to main-
tain 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 cf 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 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 of the contract.
(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. STEWARDS AND ALTERNATE
Section 1
There shall be one chief steward for the bargaining group and one
alternate steward for each shift.
Stewards will be permitted to leave their work, after obtaining approval
of their respective supervisors and recording their time, for the
(2)
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 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
The Union will furnish the Employer with the names of its authorized
representatives who are employed within the unit and such changes as may
occur from time to time in such personnel so that the Employer may at all times
be advised as to the authority of the individual representative of the Union
with which it may be dealing,
V. GRIEVANCE PROCEDURE
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, within five (5) days
of the occurrence. The immediate supervisor shall attempt to resolve the
grievance informally. 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.
(3)
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 within five (5)
working days of the informal discussion.
Step 2
The written grievance shall be discussed between the steward and
the immediate supervisor. The supervisor will attempt to adjust
the matter and will give his written decision within five (5)
working days of receipt of the written grievance.
Step 3
If the grievance is not settled in Steps 1 and 2, the Union may
within five (5) working days after the supervisor's answer,
request a meeting of the Grievance Committee. Such meetings will
be held within fifteen (15) working days after the date of written
request and the Employer will render his decision within seven (7)
working days thereafter, The Employer and the Union may by mutual
agreement extend the time limits of the grievance procedure, The
Union Grievance Committee will consist of the staff representative,
the Chief Steward, and one other member to be selected by the Union
and certified in writing to the employer. (Working days refer to
Monday - Friday, excluding Saturday, Sunday and Holidays.)
Section 2
Any matter not settled in Step 3 of the grievance procedure -Jay 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.
(4)
If the parties fail to select an arbitrator, one will be selected
- under the rules of the American Arbitration Association,
The arbitrator shall have no power or authority to add to, subtract
from, alter or modify the terms of this agreement, or set a wage rate.
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. 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,
VI. BULLETIN BOARD
The Employer shall assign space for a bulletin board which shall be
used by the Union for posting notices, bearing the written approval of the Chief
Steward 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.
(5)
An up-to-date seniority list shall be furnished to the Union every
six (6) 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 satis-
factory reason is given;
(d) If the employee does not return to work at the end of an
approved leave;
(e) If the employee does not return to work when recalled from
a layoff.
VIII. LAY-OFF 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, based on capability of performing available jobs and shall
be. recalled in the inverse order. (Refer to Rule #9, Oakland County Merit
System Handbook.) All employees so laid off shall be offered the opportunity
of recall prior to the hiring of any new employees,
IX. PROMOTIONS
(a) Promotions within the bargaining unit shall be made on the basis
of competitive examination as provided for in the Oakland County Merit System.
The Manager-Safety Division will make his selection for promotion from the
three highest ranking candidates who have passed the promotional examination,
(b) The six (6) month probationary period following promotions is
only to incJude active, on the job, compensated service and recognized County
paid holidays. All other time off the job, whether compensated or not, in
excess of 10 scheduled work days, will not count toward the probationary period,
X. 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.
XI. 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
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 with-
out 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,
Section 3
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 three (3) month period.
Section 4
Special conferences for important matters may be arranged at a mutually
convenient time between the staff representative and the Employer or i.La desig-
nated 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.
(7)
Arrangements for such special conferences shall be made in advance and an
- 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
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 unit covered under this agreement.
Section 6
All Safety Officers with Merit System status will be entitled to
make a shift preference selection only on January 1 and July 1 of each year.
This shift preference selection is to be based upon bargaining unit seniority
and is subject to the approval of the Manager-Safety Division. It is under-
stood that approval will not be unreasonably withheld and each such approval
will be on a non-precedent basis.
Probationary Officers will be assigned shifts based on the needs
of the Division as determined by the Manager-Safety Division. It is understood
that not withstanding any other agreement, regulation or provision to the
contrary, employees classified as Safety Officers will remain ineligible for
shift premium.
XII. 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 compensa-
tion of the employees covered by this agreement, and all other benefits and
policies provided for in the Oakland County Merit System, which incorporates
the Oakland County Employee's Handbook, are incorporated herein by reference
and made a part hereof to the same extent as if they were specifically set forth.
XIII. 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 terms of this agreement. No employee shall suffer a reduction in
such benefits as a consequence of the execution of this agreement.
XIV. 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.
XV. 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.
XVI. DURATION
This agreement shall remain in full force and effect from July 1, 1979,
to midnight, June 30, 1981. The agreement shall be automatically renewed from
year to year thereafter unless either party shall notify the other in writing,
sixty (60) days prior to June 30, 1981, that it desires to modify the agreement.
In the event that such notice is given, negotiations shall begin within a
(9)
TEAMSTER LOCAL,129,--
STATE, COUNTY £7,D MUNICIPAL WORKERS
COUNTY OF OAKLAND, a Michigan
Constitutioral Cor
try.
Wallace T. Gabler, Jr., Chairperson
reasonable period of time. 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 for continued application.
OAKIAND COUNTY EXECUTIVE
(10)
AYPENDIX A
I. SALARIES
The following Merit Salary Schedule shall prevail for the period from
July 1, 1979, through December 31, 1979:
CLASSIFICATION BASE 6 MO. 1 YEAR 2 YEAR 3 YEAR 4 YEAR
Safety Officer 11,793 12,517 13,138 13,759 14,380 15,000
Building Safety Attendant 9,621 10,138 10,345 10,966 11,483
The following Merit Salary Schedule shall prevail for the period from
January 1, 1980, through June 27, 1980:
CLASSIFICATION BASE 6 MO. 1 YEAR 2 YEAR 3 YEAR 4 YEAR
Safety Officer 12,206 12,955 13,598 14,241 14,883 15,700
Building Safety Attendant 9,958 10,492 10,707 11,350 12,019
The following Merit Salary Schedule shall prevail for the period from
June 28, 1980, through December 31, 1980
CLASSIFICATION BASE 6 MO. 1 YEAR 2 YEAR 3 YEAR 4 YEAR
Safety Officer 12,633 13,408 14,073 14,739 15,404 16,400
Building Safety Attendant 10,306 10,860 11,082 11,747 12,572
The following Merit Salary Schedule shall prevail for the period from
January 1, 1981, through June 30, 1981:
CLASSIFICATION BASE 6 MO. 1 YEAR 2 YEAR 3 YEAR 4 YEAR
Safety Officer 12,950 13,700 14,500 15,500 16,500 17,700
Building Safety Attendant 10,564 11,282 12,000 12,750 13,565
II. MINIMUM CALL-IN
Any employee required to work overtime which is non-contigucus to the
employees regular work schedule shall be entitled to a minimum of two (2) hours
work or pay at the applicable overtime rate,
(11)
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, 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
The fringe benefits modified in previous collective bargaining
agreements shall continue in effect as modified and described in the Oakland
County Employee's Handbook.
(12)
1/9482 August 14, 1980
Moved by McDonald supported by Aaron the report be accepted and Resolution
#9482 be adopted.
AYES: Wilcox, Aaron, Caddell, DiGiovanni, Doyon, Dunaskiss, Fortino, Gabler,
Gorsline, Hobart, Kasper, Kelly, McDonald, Montante, Moore, Moxley, Murphy, Page,
Patterson, Perinoff, Pernick, Peterson, Price. (23)
NAYS: None. (0)
A sufficient majority having voted therefor, the report was accepted and
Resolution #9482 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 #9482 adopted by the Oakland County Board of
Commissioners at their meeting held on August 14, 1980
a .a actlee ma a ase“.08. 4.000.0. 4.4 404te a 6.941. e ed 0109.0“.9040p 00.4.Joaaaei
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
Lynn D. Allen....................„Clerk
Clerk