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HomeMy WebLinkAboutResolutions - 1979.10.31 - 12462John jr. McDonald, Chairperson OVr THF 7'-'717.Fr,OING RESOLIY7('' 1,7707 [5:.giniat . Our Miscellaneous Resolution # .9165 October 18, 1979 BY: PERSONNEL COMMITTEE - John J. McDonald, Chairperson IN RE: 1979 - 1981 LABOR AGREEMENT FOR EMPLOYEES REPRESENTED BY LOCAL 2437, CASEWORKERS, COUNCIL 25, AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Probate Court, the County of Oakland and Local 2437 of Council 25, American Federation of State, County and Municipal Employees, AFL-CIO, have been negotiating a contract covering 82 casework employees of the Oakland County Probate Court; and 1-4A44 WHEREAS a bwe-year agreement has been reached with the Caseworker unit for the period January 1, 1979 through December 31, 1981, and said agreement has been reduced to writing; and WHEREAS said agreement has been reviewed by your Personnel Committee which recommends approval of the agreement; NOW THEREFORE BE IT RESOLVED that the agreement between the Oakland County Probate Court, the County of Oakland, the casework employees, and Local 2437, Council 25, 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 behalf of the County of Oakland, be and is hereby authorized to execute said agreement, a copy of which is attached hereto. The Personnel Comoittee, by John J. McDonald, Chairperson moves the adoption of the foregoing resolution. PERSONNEL COMMITTEE THE OAKLAND COUNTY, PROBATE COURT AND THE COUNTY OF OAKLAND AND THE AMERICAN PED7RATION OF STATE, COUNTY AND MUNICIPAL EHPLMETS, AFL-CIO COUNCIL 25 PROBATE COURT CASEWORKER EMPLOYEES Collective Bargaining AgrecTnent 1979 - 1981 AGREEMENT Agreement entered into this day of by and between Oakland County Probate Court and the Oakland County Board of Commissioners (hereinafter referred to as the "EMPLOYER") and Council 25 and its affiliated Local Union, No. 2437, AMERICAN FEDERATION OF STATE, COUNTY AND NDNICIPAL ENTLOYEES, AFL-CIO (hereinafter jointly referred to as the "UNION" and individually referred to as the Local Union Number.) I. RECOGNITION The Employer recognizes the Union as the exclusive representative of the Caseworker employees of the Oakland County Probate Court, for the purposes of collective bargaining with respect to rates of pay, wages, hours of employment and other terms and conditions of employment, in the following bargaining unit for which they have been certified, and in which the Union is recognized as collective bargaining representative, subject to and in accordance with the provisions of Act 336 of the Public Acts of 1947 and Act 379 of Public Acts of 1965. All employees of the Oakland County Probate Court; excluding confidential employees, professional employees, executives and supervisors. II. PURPOSE AND INTENT The general purpose of this Agreement is to set forth certain terns and conditions of employment, and to promote orderly and peaceful labor relations for the mutual interest of the Employer, its employees and the Union. The parties recognize that the interest of the community and the job security of the employees depend upon the Employer's success in establishing, and the Union's success in rendering proper services to the public. To these ends, the Employer and the Union encourage to the fullest degree friendly and cooperative relations at all levels and among all employees. The parties recognize that the Employer is legally and morally obligated to guarantee to all citizens a fair and equal opportunity for employment, and to these ends agree that no person shall be denied employment or membership in the Union, nor in any way be discrimiated against because of sex, age, race, color, creed, national origin, political or religious beliefs, The masculine pronouns and relative words herein used shall be read as if written•in plural and feminine, if required by the circumstances and individuals involved, and is not intended to be discriminatory in any fashion. III. MANAGEMENT RIGHTS The right to hire, promote, discharge or discipline for just cause, and to Maintain discipline and efficiency of employees, is the sole responsi- bility 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. TV. 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. V. AID TO OTHER UNIONS Section I. The Employer agrees and shall cause its designated agents not to aid, promote, or finance any other labor group or organization which purports to (2) engage in collective bargaining or to make any agreement with any such group or organization for the purpose of undckwining the Union. Section 2. The Union agrees not to make agreements with any other union for the purpose of coercing the Employer. VI. DUES CHECK-OFF • (a) The Employer agrees to deduct the union membership initiation fee and dues, once each month, from the pay of those employees who individually authorize in writing that such deductions be made. All authorizations delivered to the Employer prior to the first day of the month shall become effective during that succeeding month. Check-off monies will be deducted from the second paycheck of each month and shall be remitted together with an itemized statement to the local treasurer, within fourteen (14) days after the deductions have been made. (b) An employee shall cease to be subject to Check-off deductions beginning with the month immediately following the month in which he is no longer a member of the bargaining unit. However, an employee shall continue to be subject to Check-off deductions which he has authorized when he may be transferred from this bargaining unit to another bargaining unit represented by Local 2437, Council 25, American Federation of State, County and Municipal Employees. (c) Any employee may voluntarily cancel or revoke the Authorization for Check-off deduction upon written notice to the Employer and the Union during the fifteen (15) day period prior to the expiration date of this agreement. (d) The Union will protect and save harmless the Employer from any and all claims, demands, suits and other fotws of liability by reason of action taken by the Employer for the purpose of complying with this section. (3) VII. 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. VIII. BASIS OF REPRESENTATION Section 1. There shall be one steward and an alternate steward. Stewards will be released from 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. Approval for stewards to leave their work stations will not be unreasonably withheld. Stewards will report their time to their supervisor upon returning from a grievance discussion. The privilege of stewards to leave their work during working hours, without loss of pay, is extended with the understanding that the time will be devoted to the prompt handling of grievances and will not be abused, and that they -will continue to work at their assigned jobs at all times except when permitted to leave their work to handle grievances. Section 2. There shall also be one Chief Steward and one alternate Chief Steward, (4) Section 3. There shall be a Grievance Committee consisting of three (3) members of the represented group, certified in writing to the Employer. Either the Local President or Chief Steward, or both, upon sufficient notice to the Employer, may substitute for a member or members of the Grievance Committee. The Employer shall meet whenever necessary, at a mutually convenient time, with the union grievance committee. The purpose of grievance committee meetings will be to adjust pending grievances and to discuss procedures for avoiding future grievances. In addition, the committee may discuss with the Employer other issues which would improve the relationship between the parties. Section 4 - Bargaining Committee The Employer agrees to recognize o-e bargaining committee representing both the Probate Caseworker and Non-Caseworker bargaining units, such committee shall be composed of not more than five (5) members selected by the Union and certified in writing to the Employer. The Local President may participate as an additional member of the bargaining committee. NOTE: This combined Caseworker and Non-Caseworker Bargaining Committee is also referred to in Article X of the Probate Caseworker current collective bargaining agreement. IX. GRIEVANCE PROCMYRE 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 (5 ) 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 mebt simul- taneously 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 informally 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 10 days, The written grievance must be signed by the employee and his steward and receipt acknowledged by the employee's immediate supervisor. Step 2 The department will give its written reply within 10 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 (6) (7) 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 hereinafter for movement of grievance 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 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 automatically positioned for appeal at the next step with the time limit for exorcising 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 with ten (10) 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 ten (10) days after the Union or the aggrieved becomes aware of the cause for complaint, X. BULLETIN BOARD The Employer shall assign appropriate space on bulletin boards which shall be used by the Union for posting notices, bearing the written approval of the President of the Union local, which shall be restricted to: (a) Notices of Union recreational and social affairs; (b) Notices of Union elections; (c) Notices of Union appointments and results of Union elections; (d) Notices of Union Meetings; (e) Other notices of bone fide Union affairs which are not political or libelous in nature. XI. SENIORITY New employees may acquire seniority by working six (6) continuous months, in which event the employee's seniority will date back to the date of hire into the department. When the employee acquires seniority, his name shall be placed on the seniority list, in the order of his seniority date. Combined Seniority shall be accumulated by an employee for work performed in the present two represented units in Probate Court and, in addition, an employee in either unit shall be credited for service performed in non-represented Probate Court classifications. This combined accumulated seniority during the period of any layoff can be utilized as described in Article XII (a), hereinafter set forth, only within the bargaining unit in which the employee is employed at the time of layoff. An up-to-date seniority list shall be furnished to the Union every three (3) months. An employee shall lose his 'seniority for the following reasons: (a) If the employee resigns or retires; (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; (8) (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 toreturn within the five (5) day period. XII. LAYOFF, RECALL AND TRANSFERS (a) If and when it becomes necessary for the Employer to reduce the number of employees in the work force, the employees will be laid off in seniority order, based on capability of performing available jobs and shall be recalled in the same order. (b) If and when an employee is permanently transferred to another division within the Department, the President or Chief Steward shall be - notified of said transfer by the Employer. XIII. 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. XIV. GENERAL CONDITIONS Section 1. The Union shall be notified in advance of anticipated pcLuAanent major changes in working conditions and discussions shall be held thereon. Section 2. The reemployment rights of employees anci probationary employees who are veterans will be limited by applicable laws and regulations. (9) Section 3 Employees elected to any permanent full-time union office or selected by the Union to do work which takes them from their employment with the County, shall at the written request of the Union be granted a leave of absence without pay. The leave of absence shall not exceed two (2) years, but it shall be renewed or extended for a similar period at any time upon the written request of the Union. Any employee on approved Union leave of absence will continue to accumulate Union seniority while. on leave but will not receive credit toward "Length of County Service" for fringe benefit purposes under Rule 22, Oakland County Merit System. Section 4. • 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 classi- fication, rate or structure are proper, the Union shall have the right to submit the issue as a grievance through the grievance procedure within a six (6) month period. Section 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 units covered under this agreement. Section 6. Special conferences will be arranged between the Local President and the Employer upon the request of either party. Unless otherwise agreed, such meetings shall be between at least two .(2) representatives of the Employer and no more than three (3) representatives of the Union. Unless otherwise (10) agreed, arrangements for such special conferences shall be made at least twenty-four (24) hours in advance, and the conference shall be held within ten (10) working days after the request is made. An agenda of the matters to be taken up at the meeting, together with the names of the conferees representing the requesting party, shall be presented at the time the con- ference is requested. Matters taken up in special conferences shall be confined to those included in the agenda. Such conferences shall be held during regular working hours. Members of the Union shall not lose time or pay for time spent in such special conferences and no additional compensation will be paid for such employees for time spent in such conferences beyond regular working hours. A representative of Council 25 or a representative of the International Union may attend the special conferences. Section 7. If a medical divergence of opinion occurs between the employee's doctor and management's doctor with respect to whether the employee is able to return to work from a non-work related illness or injury, the parties may, , - by mutual agreement, refer the employee to a clinic or physician mutually agreed upon for a decision as to whether or not he or she is able to return to work. The expense of any mutually agreed to examination, in accordance with the above provision, shall be paid one-half by the employee and one-half by the County. Employees shall be eligible to request utilization of this provision only upon posting an amount with the Employer sufficient to cover his or her portion of the anticipated expenses, or „signing a waiver to provide withholding of said amount from any future earnings or other payments owed the employee by the Employer. • If either of the parties disagree on the necessity of the third opinion, the disagreeing party will provide a letter of explanation to the other party for purposes of communication. (11) Section 8. Any employee required to work overtime which is not contiguous to the employee's regular work schedule shall be entitled to a minimum of two (2) hours work or pay for weekdays and three (3) hours work or pay for weekends or holidays at the timc-and-one-half rate. (Weekdays are defined as the first Live (5) days of work which are part of an employee's regular work schedule.) Section 9. All supplemental agreements shall be subject to the approval of the Employer and the Council and/or International Union. They shall be approved or rejected within a period of forty-five (45) days following the date of the agreement between the parties. XV. MAINTENANCE OF CONDITIONS Wages, hours and conditions of employment in effect at the execution of this agreement shall, except as improved herein, be maintained during the term of this agreement. No employee shall suffer a reduction in such benefits as a consequence of the execution of this agreement except that some benefits may be increased or decreased in the process of negotiations between the parties and made a part of the final agreement. XVI. ECONOMIC MATTERS Wages and other economics are attached hereto as Appendix A and Appendix B. XVII. MATTERS FOR FURTHER DISCUSSION The provisions of this labor agreement include resolution of all matters not eliminated by the parties and which remained at the time of settlement as issues of negotiations and upon which settlement was reached. In addition to those matters resolved and contained elsewhere in the agreement, the parties have agreed that the following areas only are subject to further negotiations for the years of 1980 and 1981; (12) (a) Salary StIldy Within 90 days following the signing of the labor agreement, . and in preparation for discussions for salary rates to be effective during 1980 and 1981, the parties agree that the employer will conduct a study of salaries and fringe benefits to be based on a comparison of employers with comparable classifications. The agencies to be included in the study shall, as much as possible, be detelthincd by mutual agreement of the parties. The results of the salary and fringe benefit study shall be considered by the parties during discussions for the 1980 and 1981 salary rates. (b) _aLIEzea_f2Ir_gal lar Years 1980 and 1981 Consideration of salary rates for calendar years 1980 and 1981 shall be limited to increases to be applied as percentages or flat dollar amounts as part of the merit salary schedule of classifications but shall not be limited to increases applied only on January of each year or to flat application at each step of a class, or to other variations. Other variations of adjusting the actual merit salary schedule of classifications as shown in Appendix A of this agreement may be considered. (c) Union Security (d) Optical insurance (e) Mileage Reimbursement (f) Income Continuation Insurance/Sick Leave Plan (g) Personal Leave Days (h) Exclusion of Overtime from Retirement Final Average Compensation (Employees hired after 01/01/78) (i) Lid on Employer Payments for Blue Cross/Blue Shield and Dental Insurance (j) Listing of Benefits. for Coirrit,y Juv.erlje Officer/Assistant County Juvenile Officers (k) Annual. Leave (Increase in 7a7imum accumulation) (13) This agreement to reopen negotiations during the contract period is limited to the above matters and shall not be construed as indicating an intent or eommittment as to a particular position on any of the issues. The parties do agree to deal in good faith bargaining in the reopen negotiations. XVIII. DURATION This agreement shall remain in full force and effect until midnight, December 31, 1981. It shall be automatically renewed from year to year thereafter unless either party shall notify the other, in writing, sixty (60) days prior to the anniversary date, that it desires to modify this agreement. In the event that such notice is given, negotiations shall begin not later than sixty (60) days prior to the anniversary date. This agreement shall remain in full force and be effective during the period of negotiations and until notice of termination of this agreement is provided to the other party in the manner set forth in the following paragraph. In the event that either party desires to terminate this agreement, written notice must be given to the other party no less than ten days prior to the desired termination date which shall not be before the anniversary date set forth in the preceding paragraph. It is agreed and understood that the provisions contained herein shall remain in full force and effect so long as they are not in violation of applicable statutes and ordinances and remain within the jurisdiction of the County of Oakland. The Union recognizes the right and duty of the Probate Court to operate and manage its affairs in accordance with the State of Michigan Constitutional provisions and statutes and such Constitutional provisions and statutes shall take precedence over any conflicting provisions which might be contained in this Agreement. If any article or section of this agreement or any appendix or supplement thereto, should be held invalid by (14) K)=7,fr4'404— 7allace P. GablWr, Jr., Chairperson Board of Coll;lAissioners By , - Vaniol Tg Murpny any Constitutional provision, operation of law or by any tribunal of competent jurisdiction, or if compliance with or enforcement of any article or section should be restrained by such tribunal, the remainder of this Agreement shall not be affected thercby. AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES -METROPOLITAN COUNCIL NO, 25 AFL-CIO, LOCAL 2437 OAKLAND COUNTY PROBATE COURT Jud g e Nor'= R. Barnard Chief Probate Judge COUNTY OF OAKLAND, a Michigan Constitutional Corporation OAKLANDCOUNTY EXECUTIVE CASEWORKER AGREEMENT APPENDIX A SALAR (a) The following Merit salary schedule shall prevail for the period from January 1, 1979 ; through December 31, 1979*: CLASSIFICATION BASE 6 MO 1 YEAR 2 YEAR 3.YEAR Boys Boarding Home Supervisor 14,944 15,789 16,634 18,354 19,596 Child Welfare Worker I 13,024 13,984 Child Welfare Worker I - Asst, County Agent** 13,024 13,984 Child Welfare Worker II, 14,944 15,789 16,634 18,354 19,596 Child Welfare Worker II - Asst. County Agene* 14,944 15,789 16,634 18,354 19,596 Child Welfare Worker II - County Agent** Child Welfare Worker Trainee Juvenile Court Intake Referee 14,944 15,789 16,634 18,354 19,596 11,375 19,954 21,067 *Should the Non-Union employees receive a general salary percentage increase in 1979 other than the 7% increase received at the first of the year, members of this bargaining unit will be entitled to the same general increase, effective at the same time and applied in the same manner as applied to the Non-Union employees. **The County will supplement the State wage portion to the extent that the total salary will equal the rate shown in this schedule, CASEWORKER ACR7EM APPENDIX B For the following fringe benefits refer to the Oakland County EmoloyePs' Handbook: I. Injury on the Job 2. Holidays 3. Leave of Absence 4. Life Insurance 5. Longevity 6. Master Medical Insurance 7. Sick Leave 8. Retirement 9, Annual Leave 10. Income Continuation Insurance 11. Dental Insurance 12, Tuition. Reimbursement The fringe benefits modified in previous collective bargaining agreements shall continue in effect as modified and described in the Oakland County Employees' Handbook. NT APPENDIX B (cont.) II Effective August 1, 1979; employees required to drive their personal vehicle on official County Business shall receive nineteen (19) cents per mile. The past practice of paying mileage on a "home to home" basis for employees working overtime is to be eliminated. III Effective with the signing of this agreement the "Shift Differential" paid to employees working eligible afternoon shifts will be increased to thirty-five (35) cents per hour. (Afternoon shifts are considered to be shifts starting after 3:00 p.m. and having four (4) or more hours falling before midnight.) FISCAL NOTE BY: FINANCE COMMITTEE, DENNIS MURPHY, CHAIRPERSON IN RE: LOCAL 2437, CASEWORKERS TENTATIVE AGREEMENT - MISCELLANEOUS RESOLUTION #9165 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 #9165 and finds $86,115 necessary to fund the budget salaries portion of the Subject Agreement, and $3,400 necessary to fund the mileage rate increase. The Finance Committee finds $86,115 available in the salaries reserves, said funds to be transferred to the appropriate salaries line items as follows: Children's Village Juvenile Court Salaries Salaries Regular Miscellaneous Total 1,255 6,280 7,535 13,097 65,483 78,580 14,352 71,763 86,115 The Finance Committee further finds 0,400 available in the Contingent Fund, said funds are to be transferred to the Transportation line-item in the Juvenile Court. FINANCE COMMITTEE Dennis Murphy, Chairperson #9165 November 1, 1979 Moved by McDonald supported by Price the report be accepted and Resolution #9165 be adopted. AYES: Perinoff, Pernick, Price, Roth, DiGiovanni, Doyon, Dunaskiss, Fortino, Gabler, Gorsline, Hoot, Kasper, Kelly, Lewand, McDonald, Moffitt, Moore, Moxley, Murphy, Patterson. (20) NAYS: None. (0) A sufficient majority having voted therefor, the report was accepted and Resolution #9165 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 #9165 adopted by the Oakland County Board of •P.O•a<loo•e0 eve..-.•e..,Pa.e..* 0000000000000000000000000 _Commissioners o at o their . meeting . held .on .November .1,.1979 ............. 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 1st November 19 7.9. this, .......... .....day of Lynn D. Allen Clerk By Deputy Clerk