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HomeMy WebLinkAboutResolutions - 1979.05.03 - 12036Miscellaneous Resolution # 8901 April 5, 1979 John . cDonald, ChAiirperson (44 REGOING RESOLUTION H 1 T. BY APPROVE THE 11,ef,. ertifw BY: PERSONNEL COMMITTEE - John J. McDonald, Cha rperson IN RE: 1977-1980 LABOR AGREEMENT FOR EMPLOYEES PRESENTED BY LOCAL 804, NATIONAL UNION OF POLICE OFFICERS SEIU 'FL-CIO TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Sheriff Dep rtment, the County of Oakland and Local 804 of the National Union of Police Of icers, SEIU, AFL-CIO, have been negotiating a contract covering ten (10) Co land Officers of the Oakland County Sheriff Department; and WHEREAS the bargaining between the par ies has reached an impasse requiring the appointment of a State of Michiganl ediator; and WHEREAS the State Mediator has propose a four year agreement for the period, January 1, 1977 through December 31, 1980, which has been reduced to writing; and WHEREAS said Mediator's proposal has b.-n reviewed by your Personnel Committee which recommends approval of the propo ed agreement, NOW THEREFORE BE IT RESOLVED that the oposed agreement between the Oakland County Sheriff Department, the County of •akland, the Command Officers employees, and Local 804, National Union of Poli e Officers, SEIU, AFL-CIO, be and the same is hereby approved; and that the C irperson of this Board, on behalf of the County of Oakland, be and is hereb authorized to execute said agreement, a copy of which is attached hereto. The Personnel Committee, by John J. Mc onald, Chairperson, moves the adoption of the foregoing resolution. PERSONNIL COMMITTEE • THE COUNTY OF OAKLVD AND THE NATIONAL UNION OF POLICE OF1 SHERIFF DEPARTMENT - LIEUTENA ICERS, AFL-CIO NTS & CAPTAINS Collective Bargaining A 1977 - 1980 eement • A G R E, E This agreement is made and entered nto on this day of , A.D., 19 ', by and between the Oakland County Sheriff and the Oakland 0 ,unty Board of Commissioners, hereinafter referred to collectively as he "Employer", and Local 804 National Union of Police Officers S: :U, AFL-CIO, hereinafter referred to as the "Union". It is the .-sire of both parties to this agreement to continue to work harm. iously and to promote and maintain high standards, between the em. oyer and employees, which will best serve the citizens of Oakland ounty. I. RECOGNITION The Employer recognizes the U on as the exclusive repre- sentative of the Lieutenants and Captai . of the Oakland County Sheriff's Department, for the purposes collective bargaining with respect to rates of pay, wages, hours oi employment and other terms and conditions of employment, in the fo owing bargaining unit for which they have been certified, and in ich the Union is recognized as collective bargaining representative subject to and in accordance with the provisions of Act 336 of the P ,lic Acts of 1947, as amended. 11 All employees classified as L utenants and all Captains of the Oakla County Sheriff Department excluding 1 others. TI. MANAGEMENT RESPONSIBILITY The right to hire, promote, d1.6.charge 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 adlition, the work schedules, methods and means of departmental operauton are solely and exclu- sively the responsibility of the Employer, subject, however, to the • • provisions of this agreement: , III. DUES CHECK-OFF (a) The Employer agrees to deducm the union membership initiation fee and dues, once each mont from the pay of those Employees who individually authorize in riting that such deductions be made. All authorizations delivered the Employer prior to the first day of the month shall become effz. tive during that succeeding month. Check-off monies will be deduct:. from the second paycheck of each month and shall be remitted togeth , with an itemized statement to the local treasurer, within fourteen (1 days after the deductions have been made. (b) An employee shall cease to b, subject to check-off deductions beginning with the month immediately fo owing the month in which he is no longer a member of the bargaining tin . Any employee may voluntarily cancel or revoke the Authorization for 0 eck-off deduction upon written notice to the Employer and the Union du ng the fifteen (15) day period prior to the end of each calendar year. (c) The Union will protect and s. e harmless the Employer from any and all claims, demands, suits and • her forms of liability by reason of action taken by the Employer ,r the purpose of complying with this section. IV. BASIS OF REPRESENTATION Section 1. There shall be one steward and an alternate steward. Stewards will be permitted to leave their work, after obtaining approval of their respective sapervisors 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. Perm.ssion for stewards to leave (2) their work stations will not be unreaso will report their time to their superv grievance discussion. The privilege of stewards to hours, without loss of pay, is extended the time will be devoted to the prompt will not be abused, and that they will assigned jobs at all time except when p to handle grievances. Section 2. There shall be a grievance c two members of the unit to be selected writing to the Employer. The Employer shall meet when convenient time, with the union grievan of grievance committee meetings will be and to discuss procedures for avoiding tion, the committee may discuss with th would improve the relationship between V. GRIEVANCE PROCEDURE The Employer and the Union s orderly method of adjusting employee g Employer and the Union agree that an em his problem or grievance to the attenti designee with or without his steward wi curance, who shall attempt to resolve Dismissals, suspensions, demotions and type shall not be a subject for the gri processed according to the procedures o bly withheld. Stewards 3 upon returning from a eave their work during working ith the understanding that ndling of grievances and ntinue to work at their tted to leave their work mittee consisting of the the Union and certified in er necessary, at a mutually committee. The purpose o adjust pending grievances, ture grievances. In addi- Employer other issues which e parties. port and subscribe to an vances. To this end, the oyee should first bring of the Sheriff or his in 5 days of the oc- grievance informally. sciplinary actions of any ance procedure but shall be the Personnel Appeal Board. (3) Step 1. I: If the grievance is,not'settl informally, it shall be discussed with the steward an shall be reduced to writing, signed by the grievant and su itted to the Sheriff or his designee. Step 2. The written grievance shall 131 discussed between the steward and the Sheriff or designee. The Sheriff/designee will attempt to adjust the matter and will give his written decision within five (5) days (excluding Satu day, Sunday and holidays) of receipt of the written grieva ce. Step 3. 1 Any grievance not settled at tep 2 may be submitted to the next meeting of the grievance committee. Any grievance not submitted to the next grievan e committee meeting, by written notification to the Employer ithin five (5) days of the immediate supervisor's writte decision, shall be considered dropped. Any matter not settled in Ste 3 of the grievance procedure may be submitted to final and binding ar itration by either of the parties. A request for arbitration must be submit ad by written notice to the other party within fifteen (15) days after the grievance committee meeting. Expenses for arbitration shall be borne qually by both parties. If the parties fail to select an arbitrator, one will be selected under the rules of the Michigan Employment Relations Commission. The arbitrator shall have no .ower or authority to add to, subtract from, alter or modify the terms of this Agreement, or set a wage rate. :I Any grievance not appealed fr m a decision in one of the steps of the grievance procedure, to the next tep as prescribed, shall be considered dropped and the last decisio final and binding, except that time limits may be extended by mutual w tten agreement of the parties. VI. BULLETIN BOARD The Employer shall assign sp e for a bulletin board which shall be used by the Union for posting 1.tices, bearing the written approval of the President of the Union seal, which shall be re- stricted to: (a) Notices of Union recrea , onal and social affairs; (b) Notices of Union electio s; (c) Notices of Union appoini n ents and results of Union elections; (d) Notices of Union Meetin:.; (e) Other notices of bona fie Union affairs which are not political or libelo . in nature. VII. SENIORITY Employees covered by this Agreement shall acquire seniority by working six (6) continuous months in :he unit, in which event the employee's seniority will date back to Lye date of hire into the department. When the employee acquires leniority, his name shall be placed on the seniority list, in the ordmr of his seniority date. A seniority list shall be furnished to the Union every six (6) months. An employee shall lose his Otiority for the following reasons: (a) If the employee resignes or retires; (b) If the employee is discharged, and not reinstated; (c) If the employee is absenr from work for three working days, without properly notifying the Employer, unless a satisfactory reason is given; (d) If the employee does not return to work at the end of an approved leave; (e) If the employee does not return to work when recalled from a layoff. (5) • VIII. LAYOFF, RECALL, AND TRANSFERS I (a) If and when it becomes neces ry for the Employer to - reduce the number of employees in the w k force, the employees will be laid off in seniority order, provide. a Captain shall have the right to use his greater seniority to b up a Lieutenant with less seniority, based on capability of perfo ,ing available jobs and shall be recalled in the same order. (b) If and when an employee is p. ,ianently transferred to another division within the Department, he president or chief steward shall be notified of said transi-r by the employer. IX. PROMOTIONS All promotions within the Ba.:aining Unit shall be made on a basis of a Competitive Examination as irovided for in the Oakland County Merit System, or the Sheriff may iromote the most qualified employee in accordance with his profess rnal judgement. X. FALSE ARREST INSURANCE Employees covered by this ag .ement shall be provided, by the Employer, a policy of False Arrest ability insurance. The premiums for such insurance will be paiu by the County. XI. GENERAL CONDITIONS Section 1. The Union shall be notified if advance of anticipated permanent major changes in working cond ions and discussions shall be held within reasonable time if reque ed by the Union. Section 2. e0e41 The provisions of this agre -at shall be applied equally and without favoritism to all employees n the bargaining unit. There shall be no discrimination as to age, s , marital status, race, color, creed, national origin or political aff iation. The Union shall (6) nent full time Union office takes them from their written request of the Union . The leave of absence shall renewed or extended for a en request of the Union. • share equally with the Employer-the res nsibility for applying this provision of' the agreement. Section 3. Employees elected to any per or selected by the Union to do work whi employment with the County, shall at th be granted a leave of absence without p not exceed two (2) years, but it shall similar period at any time upon the wri Section 4. O When any position not listed ,n the wage schedule is filled or established, the County may designat a job classification and rate structure for the position. In the eve the Union does not agree that the rate for the classification is prop. , the Union shall have the right to submit the issue as a grievanc through the grievance procedure within a three (3) month period. XII. ADOPTION BY REFERENCE OF RELEV. RESOLUTIONS AND PERSONNEL FOLIC! S All Resolutions of the Oakla ; County Board of Commissioners, as amended or changed, from time to tim relating to the working conditions and compensation of the emplaees covered by this agreement, and all other benefits and policies pro ded for in the Oakland County Merit System, which incorporates the Oa, and County Employee's Handbook, are incorporated herein by reference ani made a part hereof to the same extent as if they were specifically set orth. XIII. MAINTENANCE OF CONDITIONS Wages, hours and conditions . employment legally in effect at the execution of the Agreement shall except as modified herein, be maintained during the term of this Agre.lent. (7) XIV. ECONOMIC MATTERS The Agreement between the pa ies on economic matters are set forth in Appendix A and Appendix B . tached hereto and are incorporated into this collective bargatling agreement, subject to the terms and conditions thereof. XV. NO STRIKE - NO LOCKOUT Under no circumstances will • e Union cause or authorize or permit its members to cause, nor wil any member of the bargaining unit take part in, any strike, sitdown, .tay-in or slowdown or any violation of any State law. In the eve of a work stoppage or other curtailment, the Union shall immediate' instruct the involved employees in writing, that their conduct is in ation of the contract and that all such persons shall immediately ceas. the offending conduct. The Employer will not lockou. any employees of the bargaining unit during the term of this Agreement. XVI. DURATION This Agreement shall remain . full force and effect from January 1, 1977, to midnight, December , 1980. The Agreement shall be automatically renewed from year to y.:r thereafter unless either party shall notify the other in writing one hundred twenty (120) days prior to December 31, 1980, that it des es to modify the Agreement. In the event that such notice is given, egotiations shall begin within a reasonable period of time. This Agre ,ent shall remain in full force and be effective during the period of n,:otiations and until notice of termination of this agreement is provid ,i to the other party in the manner set forth in the following parag.:ph. In the event that either par , desires to terminate this agreement, written notice must be given o the other party no less that ten days prior to the desired term ation date which shall not be before the anniversary date set fort in the preceding paragraph. (8) • I It is agreed and understood at the provisions contained herein shall remain in full force and e ect so long as they are not in violation of applicable statutes and rdinances and remain within the jurisdiction of the County of Oakla . • (9) I. Salaries IRLIEUTENANTS & CAPTAINS A EEMENT . . APPENDIX A The following Merit salary stu of this collective bargaining Agre 11 prevail during the term meat. January 1, 1977 through December 31, 1977 Classification Lieutenant Captain Base 20,238 22,183 1 Year 2 Year 20,857 21,476 22,922 23,660 • January 1, 1978 through December 31, 1978 Classification Base I 1 Year 2 Year Lieutenant 21,860 1 22,527 23,194 Captain 23,958 I 24,756 25,553 January 1, 1979 through December 31, 1979 Classification Base I 1 Year 2 Year Lieutenant 23,387 I 24,103 24,818 Captain 25,635 I 26,489 27,342 January 1, 1980 through December 3 , 1980 Classification Base 1 Year 2 Year Lieutenant 25,024 1 25,790 26,555 Captain 27,429 1 28,343 29,256 II. Captain weekend duty pay I The one Captain designated ea weekend to be on duty during that weekend and who shall rk such weekend shall be compensated $160.00 per weekend or 1977, $160.00 per weekend for 1978 and $275.00 per w kend during 1979 and 1980. NATIONAL UNION OF POLICE OFFICERS, 1OAKLAND COUNTY SHERIFF S.E.I.U., A.F.L.-C.I.O. LOCAL 804 Johannes Spreen, Sheriff COUNTY OF OAKLAND, A Michigan Constitutional Corporation By John J. McDonald, Chairperson; and Daniel T. Murphy, County Executive • APPENDIX 11 I For the following fringe benefits, refer o the Oakland County Employees' Handbook: 1. Injury on the Job *2. Holidays 3. Leave of Absence 4. Life Insurance 5. Longevity 6. Master Medical In rance 7. Sick Leave **8• Retirement 9. Annual Leave ***10. Income Continuati Insurance ****11. Dental Insurance *****12. Tuition Reimburs nt * 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 employes who have completed three months service, with prior permission, as a religious holiday, for an employee's birthday, or for other rposes desired by the employee. There shall be no premium pay in conjunction with this day and the department bead shall be rlsponsible for considering the best interest of the department an. County service when approv- ing use of the Floating Holiday. I ** Effective January 1, 1978, employees red after this date will . not be eligible to include final sick eave or annual leave payments as part of their "Final Aver e Compensation" for the purpose of computing retirement benef s. 11 *** Effective Tanuary 1, 1977, in the eve an employee has previously received income continuation insuranc benefits will begin on the day following the day the disability s lasted for a continuous number of work days equal to seventy rcent (70%) of the number of sick leave days the employee has e ned since he or she last utilized income continuation insuranc APPENDIX B (con't) 11 **** The $500 lifetime maximum, applied to pe C expenses in connection with fixed bridge work, will no longer e in effect. 11 ***** Effective May 1, 1977, a maximum reimb sement limit of $350 per semester will be established. Effecti January 1, 1978, the maximum reimbursement limit shall be i reased to $400 per semester (the current two class limit per semes r will not change). Employees accepted to degree programs prior to 0 ober 1, 1977, will not be subject to the dollar limitation provi ng their progress in the program is continuous as set forth in e revised Merit Rule #20. • April 5, 1979 resolution be adopted. the Finance Committee. There were #8901 Moved by McDonald supported by Pernick the The Chairperson referred the resolution tl no objections. 1? ki FISCAL NOTE BY: FINANCE COMMITTEE, DENNIS MURPHY, CIAIRPERSON 11 IN RE: 1977 - 1980 LABOR AGREEMENT FOR EMP OYEES REPRESENTED BY LOCAL 804, NATIONAL UNION OF POLICE OFFICERS, EIU, AFL-CIO - MISCELLANEOUS RESOLUTION #8901 TO THE OAKLAND COUNTY BOARD OF COMMISSIONER Mr. Chairperson, Ladies and Gentlemen: Pursuant to Rule XI-C of this Board, t Finance Committee has reviewed Miscellaneous Resolution #8901 and finds $120,098.16 necessary to fund the increases called for in the subject contract. The Finance Committee finds the funds available as follotis: $57,466.16 Funds previously commit d for the retroactive portion t 62,632.00 1979 Salary Adjustment propriation. I Cost for 1980 will be provided in the 1980 dget. Funds from the 1979 Salary Adjustment Appropriation are to be t nsferred to the following Salaries Accounts within the Sheriff Depart nt: Corrective Services-Detention Uni Protective and Community Services dministration -Investigation -Patrol -Community Services Technical Services - Administrati Administrative Services - Adminis ation -Civil Amount $12,431.03 7,172.20 5,584.80 5,381.50 5,381.50 12,336.59 7,172.20 7,172.20 FINANCE IOMMITTEE Dennis Itirphy, Chairperson #8901 May 3, 1979 Moved by McDonald supported by McConnell ItF4 report be accepted and Resolution #8901 be adopted. I AYES: Gorsline, Hobart, Hoot, Kasper, Kell , Lewand, McConnell, McDonald, Moffitt, Montante, Moore, Moxley, Murphy, Page, Patterson Perinoff, Pernick, Peterson, Price, Roth, Wilcox, Aaron, DiGiovanni, Doyon, Dunaskis , Fortino, Gabler. (27) NAYS: None. (0) A sufficient majority having voted therefor' the report was accepted and Resolution #8901 was adopted. STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Lynn D. Allen, Clerk of t e County of Oakland and having a seal, do hereby certify that I have comp ed the annexed copy of Miscellaneous Resolution #8901 adopted by the Oa land County Board of Commissioners at their meeting held on May 3, 1919 with the original record the eof now remaining in my lh office, and that it is a tru and correct transcript therefrom, and of the whole ereof. In Testimony Whereof, I have ereunto set my hand and affixed the seal of said Cou y at Pontiac, Michigan this 3rd day f May 79 19.... Lynn D. Allen Clerk By Deputy Clerk