HomeMy WebLinkAboutResolutions - 1979.10.31 - 12464John 3. McDonald, Chaiperson
APPROVE THE FOREGOING R7(1.)
Miscellaneous Resolution # 9 167 October 18, 1979
BY: PERSONNEL COMMITTEE - John J. McDonald, Chairperson
IN RE: 1979 - 1981 LABOR AGREEMENT FOR EMPLOYEES REPRESENTED BY LOCAL 1917,
PROBATION OFFICER SUPERVISORS, 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 County of Oakland and Local 1917 of Council 25, American
Federation of State, County and Municipal Employees, AFL-CIO, have been
negotiating a contract covering six (6) Probation Officer Supervisor employees
of the Department of Central Services, Probation Division; and
WHEREAS a three-year agreement has been reached with the Probation
Officers Supervisors 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 Circuit Court - Probation, the County of Oakland, the Probation Officers
Supervisors of the Circuit Court, and Local 1917, 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 Committee by John J. McDonald, Chairperson moves the
adoption of the foregoing resolution.
PERSONNEL COMMITTEE
THE :OUNTY OF OAKLAND
7 •
1 • n
AND
THE AMERICAN FEDERATION OF STATE, COUNTY AND
MUNICIPAL EMPLOYEES, AFL-CIO COUNCIL 25 LOCAL 1917
PROBATION OFFICER SUPERVISORS
Collective Bargaining Aa=net
1979 - 1981
Agreement entered into this day of
A, PT,r,"7"
by and between Sixth Judicial Circuit Court and the Oakland County Board of
Commissioners (hereinafter referred to as the "EMPLOYER") and Council 25 and
its affiliated Local Union, No. 1917, AMERICAN FEDERATION OF STATE, COUNTY AND
MUNICIPAL EMPLOYEES, 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 Probation Officer Supervisors of the Oakland County Circuit Court Probation
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
and Act 379 of the Public Acts of 1965.
All Oakland County Probation Division employees Classified
as Probation Officer Supervisor, but excluding all other
employees.
IT. PURPOSE AND INTENT
The general purpose of this Agreement is to set forth certain terms
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 discriminated 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.
IV. ADOPTION BY EFERENCE OR RELEVANT RESOLUTIONS AND PERSONNEL POLICIES
The provisions of Miscellaneous Resolution 4606 as adopted by
the then Oakland County Board of Supervisors on September 19, 1966 and
approved by the electorate on November 8, 1966 shall continue to apply as
set forth therein. The Employer and the Union, however, agree that in
matters of dismissals, suspensions, demotions and disciplinary actions
employees shall have the right of appeal to the Personnel Appeal Board in
accordance with the rules of the Merit System and the Personnel Appeal
Board, and the decision of the Board shall be final and binding. Employees
covered by this agreement shall be entitled to vote in the election for
employee selected members of the Personnel Appeal Board.
All resolutions of the Oakland County Board of Commissioners
as amended or changed, from time to time, relating to the working conditions
and compensation of the employees covered by this agreement are incorporated
by reference within the limitations set forth above and made a part hereof
to the same extent as if they were specifically set forth.
V. AID TO OTHER UNIONS
Section 1
The Employer agrees and shall cause its designated agents not to aid,
promote, or finahce 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 undermining 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, 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 forms 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 be a Grievance Committee consisting of two (2) 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.
(4)
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 3 - Bargaining Committee
The Employer agrees to recognize a bargaining committee representing
the Probation Officer Supervisors bargaining unit. Such committee shall be
composed of not more than two (2) members selected by the Union and certified
in writing to the Employer.
IX. GRIEVANCE PROCEDURE
Section
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 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
(5)
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
partywithin 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 a 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
(6)
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 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 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 Chairman 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.
(7)
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.
An op-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;
(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,
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
(8)
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 peLwanently transferred to another
division within the Department, the Steward shall be notified of said transfer
by the Employer.
XIII. GENERAL CONDITIONS
Section 1
The Union shall be notified in advance of anticipated permanent
major changes in working conditions and discussions shall be held thereon.
Section 2
The reemplbyment rights of employees and probationary employees
who are veterans will be limited by applicable laws and regulations.
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.
(9)
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 Chapter Chairman
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 two (2) representatives of the Union. Unless otherwise
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 Inter-
natianal 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 pot he or she is able to return
to work.
(10)
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 the purposes of communication.
Section 8
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, hour 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..
(11)
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;
(a) Salary Rates for Calendar 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 c1assificatiorw as shown
in Appendix A of this agreement may be considered.
(b) _Union Security
(c) Optical Insurance
(d) Mileage Reimbursement
(e) Income Continuation Insurance/Sick Leave Plan
(f) Personal Leave Days
(g) Exclusion of Overtime from Retirement Final Average Compensation
(Employees hired after 1/1/78)
(h) Lid on Employer Payments for Blue Cross/Blue Shield and
Dental Insurance
. (i) Annual Leave (Increase in maximum accumulation)
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 committment as to a particular position on any of the issues. The
parties do agree to deal in „good faith bargaining in the reopen negotiations.
(12)
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 County 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 any Constitutional provision,
operation of law or by any tribunal of competent jurisdiction, or if
(13)
AMERICAN FEDERATION OF STATE,
COUNTY AND MUNICIPAL EMPLOYEES
METROPOLITAN COUNCIL NO 25
AFL—CIO, LOCAL 1917
/
compliance with or enforcement of any article or section should be
restrained by such tribunal, the remainder of this Agreement 'all
not be affected thereby.
OAKLAND ,COUNTY EXECUTIVE
COUNTY OF OAKLAND, a Michigan
Constitutional Corporation
By
W. F. Gabler,''-. Chairperson
Board of Commissioners
(14)
APPENDIX A
SALARIES
(a) The following merit salary schedule shall prevail for the period
from January 1, 1979, through December 31, 1979*:
CLASSIFICATION
Probation Officer Supervisor
BASE 1 YEAR 2 YEAR
21,375 22,023 22,671
*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.
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 Employees Handbook.
II
Effective August 1, 1979, employees required to drive their
personal vehicle on official County business shall receive nineteen (19)
cents per mile.
FISCAL NOTE
BY: FINANCE COMMITTEE, DENNIS MURPHY, CHAIRPERSON
IN RE: LOCAL 1917, PROBATION OFFICER SUPERVISOR'S TENTATIVE AGREEMENT-
MISCELLANEOUS RESOLUTION #9167
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 #9167 and finds $10,404 to fund the salary
increase. The Finance Committee finds $10,404 available in the Salaries
adjustments reserves; said funds to be transferred to the appropriate salaries
line-itelmin the Probation Divisions' Budgets.
FINANCE COMMITTEE
Dennis Murphy, Chairperson
9167. November 1, 1979
Moved by McDonald supported by Kelly the report be accepted and Resolution
#9167 be adopted.
AYES: Price, Roth, Aaron, DiGiovanni, Doyon, Dunaskiss, Fortino, Gabler,
Gorsline, Hobart, Hoot, Kelly, Lewand, McDonald, Moore, Page, Patterson, Perinoff,
Pernick. (19)
NAYS: None. (0)
A sufficient majority having voted therefor, the report was accepted and
Resolution #9167 was adopted.
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
1, 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 #9167 adopted by the Oakland County Board of
Commissioners at their meeting held on November 1, 1979
........... ........ ....... ea.eo•oe 19 • • • .......... 0-n
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