HomeMy WebLinkAboutResolutions - 1980.05.01 - 12063Miscellaneous Resolution # 9397 May 1, 1980
BY: PERSONNEL COMMITTEE - John J. McDonald, Chairperson
IN RE: 1979 - 1981 LABOR AGREEMENTS FOR PARK SUPERVISORS AND ASSISTANT
PARK SUPERVISORS LOCAL 214, TEAMSTERS
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS representatives of the County of Oakland and Local 214,
Teamsters State, County and Municipal Employees representing Park Supervisors
and Assistant Park Supervisors, have been negotiating a contract covering
eight employees of the Parks & Recreation Division of the Department of Public
Works; and
WHEREAS a one-year agreement covering these employees has been
reached with Local 214 for the period January 1, 1979 through December 31, 1979,
and said agreement has been reduced to writing; and
WHEREAS an additional two-year agreement covering these employees
has been reached with the union for the period January 1, 1980 through
December 31, 1981 and said agreement has been reduced to writing; and
WHEREAS your Personnel Committee has reviewed the Labor Agreements
covering employees represented by Local 214 and recommends approval of the
Agreements,
NOW THEREFORE BE IT RESOLVED that the attached Agreements between
the County of Oakland and Local 214, Teamsters State, County and Municipal
Employees 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 executive 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
G RES01 UT' ON
Dale
#9397 May 1, 1 980
Moved by McDonald supported by Perinoff the resolution be adopted.
AYES: Kelly, Lewand, McDonald, Moffitt, Montante, Moore, Moxley, Page, Patterson,
Perinoff, Pernick, Peterson, Price, Roth, Aaron, Caddell, DiGiovanni, Doyon, Dunaskiss,
Fortino, Gabler, Gorsline, Hobart, Hoot, Kasper. (25)
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 #9397 adopted by the Oakland County Board of
Commissioners at their meeting held on May 1, 1980
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 Test -7 mom: T,TheYeof, I have hernunto set my hand and __,1
Ly7-17, D. Allon...„ , ..... „.....„.Clrk
By.., ,,,,,,,, ,,,,,,, ,,,,, __Deputy Clerk
1st
THE COUNTY OF OAKLAND
AND
TEAMSTERS LOCAL 214
STATE, COUNTY AND MUNICIPAL WORKERS
PARK SUPERVISORS AND ASSISTANT PARK SUPERVISORS
OF THE OAKLAND COUNTY PARKS AND RECREATION COMMISSION
Collective Bargaining Agreement
1980 — 1981
AGREEMENT
This agreement is made and entered into on this „
day of , AD., 1980, by and between the County of
Oakland, hereinafter referred to as the "Employer", and Teamsters Local 214
State, County and Municipal Workers, 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,
and that all terms of this agreement shall be tempered with the fact and
knowledge that both parties are human beings with the rights of human beings
under law and morality.
I. RECOGNITION
The Employer recognizes the Union as the exclusive representative
of the following employees, for the purposes of collective bargaining with
respect to rates of pay, wages, hours of employment and other terms and
conditions of employment, and in the following bargaining units 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 PARK SUPERVISORS, ASSISTANT SUPERVISORS
EMPLOYED BY OAKLAND COUNTY PARKS AND
RECREATION COMMISSION BUT EXCLUDING
SUPERVISORY EMPLOYEES EMPLOYEES AND ALL OTHER
EMPLOYEES
MANAGEMENT RESPONSIBILITY
The right to hire, promote, discharge or discipline for just
cause 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.
(c) Any employee may voluntarily cancel or revoke the Author-
ization 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 the agreement.
(d) The Union will protect and save harmless the Employer from
any and all claims, demands, suits and other foLms of liability by reason
of action taken by the Employer for the purpose of complying with this section.
IV. REPRESENTATTDN
Section 1
The members of all Union committees recognized by the Employer for
purposes of collective bargaining shall have to be seniority employees in the
bargaining unit,
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Section
The names of all such committee members shall be submitted in
writing to the Employer by the Union upon election or appointment to a
recognized committee.
Section 3
The Employer agrees to recognize a bargaining cothmittee which
shall be composed of not more than two (2) based on the present composition
of the bargaining unit.
Section 4
(a) There shall be a Chief Steward and an alternate Chief Steward
representing all employees covered by this agreement.
(b) 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 5
There shall be a grievance committee consisting of two representatives
from within the bargaining unit to be selected by the Union and certified in
writing to the Employer. The Local 214 President, upon adequate notice, may
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substitute for one of the foregoing members. The Employer shall meet whenever
necessary, at a mutually convenient time, with the union grievance committee.
V. GRIEVANCE PROCEDURES
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, and
an attempt will be made to resolve the grievance informally. In the event
the steward is called, he shall be released from his duties as soon as
possible, and in any event, no later than the beginning of his shift the
next day, and the supervisor, the employee and the steward shall meet
simultaneously in an attempt to resolve the matter. Dismissals, suspensions,
demotions and disciplinary actions of any type shall not be a subject for
the grievance procedure but shall be processed according to the procedures
of the Personnel Appeal Board,
Step 1
If the grievance is not settled infolillally between the employee
and his immediate supervisor, the employee shall have the right to
discuss the grievance with his steward. If, in the steward's opinion,.
proper cause for the complaint exists, the Union shall have the right
to submit a written grievance on the complaint to the immediate
supervisor within five days. The written grievance must be signed
by the employee and his steward and receipt acknowledged by the employee's
immediate supervisor.
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Step 2
The department will give its written reply within five 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 of the date of the receipt of the
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 days unless the time is extended by
mutual agreement of both parties,
Step 4
Any matter not settled in Step 3 of the grievance procedure may
be submitted to final and binding arbitration by either of the parties.
A 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.
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.
Section 2
The time limits specified hereinafte- for movement of grievances
through the process shall be strictly adhered to. In the event that a grievance
is not appealed within the particular specified time limit, it shall be deemed
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to be settled on the basis of the Employer's last answer. 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 auto-
matically 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.
Section 3
All specified time limits herein shall consist only of County work
days Monday through Friday.
Section 4
Each grievance shall have to be initiated within five (5) days of
each occurrence of the cause for complaint or, if neither the aggrieved nor
the Union had knowledge of said occurrence at the time of its happening, then
within five (5) days after the Union or the aggrieved becomes aware of the
cause for complaint.
VI. SENIORITY
New employees may acquire seniority by working six (6) continuous
months (refer to Rule 7 - Probationary Period, Oakland County Merit System
Handbook), in which event the employee's seniority will date back to the
date of hire into the department. The date of employment will be determined
by the first date of eligible employment in the department as described in
Rule 22 of the Oakland County Merit System Handbook. When the employee acquires
seniority, his name shall be placed on the seniority list, in the order of his
seniority date.
An up-to-date seniority list shall be furnished to the Union every
three (3) months, at which time the list will be posted, and if it is not
possible to post the list, will be made available to the employees for review.
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An employee shall lose his seniority for the following reasons:
(a) If the employee resigns or retires;
(b) If the employee is discharged, and not reinstated;
(c) If the employee is absent from work for three consecutive
working days, without properly notifying the Employer, unless a satisfactory
reason is given;
(d) If the employee does not return to work at the end of an
approved leave;
(e) If the employee does not return to work when recalled from
a layoff except that, an employee shall not lose seniority if within three (3)
days of receipt of notice of recall to work, he gives a written notice to the
Employer of his intent to return to work within five (5) days of the receipt
of such notice and does return within the five (5) day period. Consideration
may be given by the Employer of reasons given by any employee who has given
notice but fails to return within the five (5) day period.
VIII. LAYOFF 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
bargaining unit 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.
VII. PROMOTIONS
All promotions within the bargaining unit shall be made on the
basis of competitive examination as provided for in the Oakland County Merit
System. The Employer will make his selection for promotion from the three
highest ranking candidates who have passed the promotional examination. The
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qualification for admission to the examination will be seniority in a classi-
fication within the bargaining unit and meeting the minimum qualifications
for the classification of the vacancy as shown in the latest dated written
specification for that classification. In cases for which all other aspects
of the examination result in equal examination scores, seniority in the
immediate lower classification or classifications shall be the determining
factor in arriving at the final ranking of the candidates.
These promotional examinations shall be conducted under the
provisions of the Merit System applying to continuous examinations.
IX. RATES FOR NEW JOBS
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.
X. TEMPORARY CHANGE OF RATE
In those cases in which an Assistant Park Supervisor takes over
the ultimate responsibility inherent to the Park Supervisor classification,
and in which the temporary assignment is for more than 30 consecutive calendar
days, the employee will be paid at the next Park Supervisor rate greater than
the Assistant's current rate. This rate to begin following the 30th consecutive
calendar day in which the employee is in the temporary assignment.
XI. GENERAL CONDITIONS
Section 1
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
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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 2
In the event that any other represented unit negotiates a contract
with the County of Oakland containing any foil.: of union security, the same
right will automatically be given to the unit covered under this agreement.
Section 3
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 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 4
The parties agree that there shall be no discrimination against any
employee by reason of race, creed, color, sex, or national origin. The Employer
will not discriMinate against any member of the bargaining unit by reason of
membership in the Union.
Section 5
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.
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Section 6
All supplemental agreements shall be subject to the approval of
the Employer and the Local 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.
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
compensation 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 Employees' Handbook, are incorporated herein by reference
and made a part hereof to the same extent as if they were specifically set forth.
XIII. 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.
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 teLm of this agreement.
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XV. DURATION
Section 1 - Duration of A.reement
This agreement shall remain in full force and effect from
January 1, 1980, to midnight, December 31, 1981. It shall be automatically
renewed from year to year thereafter unless either party shall notify the
other, in writing, by July 15, 1981, that it desires to modify this
agreement. In the event that such notice is given, negotiations shall
begin not later than August 1, 1981, with discussions to begin first with
any economic issues that may arise. 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.
Section 2 - Severability
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. If any terms shall be considered in violation of
applicable statutes or ordinances, then upon the request of either party,
the Employer and Union shall meet to review the affected contract provision
or provisions.
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OAKLAND COUNTY PARKS AND
RECREATION_COM,IISSION
7.7,2
Chairperson
By
Busin-... Representative
LA( Lit :
If er_I-4=5 COUNTY OF OAKLAND, a Michigan
Consti„tutional Corporgion
/ -
/'''''-' Wallace"F. Gabler, Jr., Chairperson
Board of Commissioners
Hf
TedZI-TniriT;t;
Section 3 - Ratification
The Union agrees to submit this agreement promptly to the employees
of the bargaining unit covered by this agreement for ratification by them,
.andTeamstersLocal 214 Union Officers will recommend to the employees that
it be ratified.
TEAMSTERS LOCAL 214
STATE, COUNTY AND MUNIC,IPAL WORKERS
-XXXXX=XXXXXXXX4
xxxxXx, Xx4\-xxmccitx:::.cpc0X„,w
(Signed in:LT-tor, pleit.Se disregard)
Li
OAKLAND' COUNTY EXECUTIVE
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PARKS AND RECREATION DEPARTMENT
PARK SUPERVISORS AND ASSISTANT PARK SUPERVISORS AGREEIIENT
APPENDIX A
SALARIES
The following merit salary schedule shall prevail during the
term of this collective bargaining agreement:
JANUARY 1, 1980 THROUGH DECEMBER 31, 1980*
CLASSIFICATION
Park Supervisor
Assistant Park Supv.
BASE 1 YEAR 2 YEAR 3 YEAR 4 YEAR
16,951 17,805 18,659 19,513 20,368
13,675 14,528 15,383 16,237 17,092
*Wages for 1981
All classifications represented by the bargaining unit shall receive any general
salary increases approved by the Oakland County Board of Commissioners to take
effect during calendar year 1981 for non-represented employees.
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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
1. The fringe benefits modified in previous collective bargaining
agreements shall continue in effect as modified and described in the Oakland
County Employees' Handbook,
2. Fringe Benefits 1981 - All fringe benefit changes applied on
a County-wide basis to non-represented employees during the calendar year 1981
shall also be applied to Employees represented by Teamsters Local 214 and
become a part of this agreement.
II
Effective January 1, 1980, employees required to drive their
personal vehicle on official County business shall receive twenty (20) cents
per mile.
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,J Agreement made this zie-,r, day of , 1980 by and
MEMORANDUM OF AGREEMENT
between the County of Oakland and the Park Supervisors and Assistant Supervisors
employed by the Oakland County Parks and Recreation Commission and represented
by Teamsters Local 214.
1. Lump Sum Payment:
A. Oakland County shall subject to the conditions hereinafter
stated, make payment to all eligible employees of an amount
equal to 8.8% of the salary rate in effect as of December 31, 1978
for the unit classifications covered by this agreement on a
straight time hourly basis exclusive of calendar year 1979 merit
increases and service increment adjustments for each of said
eligible employees for all hours worked in the calendar year of
1979.
B. Employees shall be considered 'eligible for the above-described
lump sum payment if they were employed by the Oakland County Parks
and Recreation Commission at any time during calendar year
1979 and have remained continuously employed through and
• including December 31, 1979.
C. Employees who were employed by the Oakland County Parks and
Recreation Commission and retired during calendar year 1979
shall also be considered eligible for the above-described
lump sum payment.
D. Said lump sum payment as described above shall not become
an obligation of Oakland County until such time as it is
approved by the Oakland County Executive and the Oakland
County Board of Commissioners.
TEAMSTERS LOCAL 214, STATE,,-CDUNTY
AND MUNICIPAL WORKMIS
/2
XnXXXXKXMX
.NXYSNICX
(signedan' error ,(251.0e disregard)
By:
WALLACE F. GABrER, JR., Chairrferson
Oakland County Board of Commissioners
2. This agreement shall constitute the complete agreement of
the parties for the term of January 1, 1979 through
December 31, 1979. Oakland County shall have no obligations
for the term presented by this agreement other than that .
specifically set forth in Paragraph 1 above.
Signed as of the date first above written.
COUNTY OF OAKLAND