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HomeMy WebLinkAboutResolutions - 1978.05.18 - 12858Miscellaneous Resolution 8451 May 4, 1978 BY: PERSONNEL COMMITTEE - John J. McDonald, Chairperson IN RE: 1978 - 1979 LABOR AGREEMENT FOR SECURITY EMPLOYEES REPRESENTED BY TEAMSTER LOCAL 214 TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland and Teamster Local 214, State, County, and Municipal Workers have been negotiating a contract covering 55 employees of the Security Division; and WHEREAS an 18 month agreement has been reached with the Security Officers and Building Security Attendants for the period January 1, 1978 through June 2, 1979, and said agreement has been reduced to writing; and WHEREAS said agreement has been reviewed by your Personnel Com- mittee which recommends approval of the agreement, NOW THEREFORE BE IT RESOLVED that the agreement between the County of Oakland, the Security Officers and Building Security Attendants of the Security Division, and Teamster Local 214, State, County, and Municipal Workers, 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 /john J. McDonald, Chairperson THE COUNTY OY OAKLAND REC-Ftv,. Ann LICL„, NG LERA All 7 EY ANT LOCAL 214, TRNMSTERS, STATE, COUNTY AND MUNICIPAL WORKERS - SECURITY DIVISION EOLOYEES Collective Bargaining Agreement 1978 - 1979 17, 1 AGREEMENT This agreement is made and entered into on this day of , A.D., 1978, by and between the Oakland County Board of Commissioners and the Oakland County Executive, hereinafter referred to collectively as the "Employer", and Teamsters State, County and Municipal Employees Local 214, affiliated with the International Brotherhood of Team- sters Chauffeurs, Warehousemen and Helpers of America, hereinafter referred to as the "Union". It is the desire of both parties to this agreement to continue to work harmoniously and to promote and maintain high standards, between the employer and employees, which will best serve the citizens of Oakland County. I. RECOGNITION The Employer recognizes the Union as the exclusive representative of the Security Officers and Building Security Attendants of the Oakland County Security Division, for the purposes of collective bargaining with respect to rates of pay, wages, hours of employment and other terms and con- ditions of employment, in the following bargaining unit for which they have been certified, and in which the Union is recognized as collective bargain- ing representative, subject to and in accordance with the provisions of Act 336 of the Public Acts of 1947, as amended. All Security Officers and Building Security Attendants of the Oakland County Security Division excluding all seasonal employees, clerical employees, supervisory employees and all other employees. II. MANAGEMENT RESPONSIBILITY The right to hire, promote, discharge or discipline, and to main- tain discipline and efficiency of employees, is the sole responsibility of the Employer except that Union Members shall not be discriminated against as such In addition, the work schedules, methods and means of departmental operation are solely and exclusively the responsibility of the Employer, subject, however, to the provisions of this agreement. III. DUES CHECK-OFF (a) The Employer agrees to deduct the union membership initiation fee and dues, once each month, from the pay of those employees who individually authorize in writing that such deductions be made. All authorizations de- livered 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 be- ginning with the month immediately following the month in which he is no longer a member of the bargaining unit. Any employee may voluntarily cancel or revoke the authorization for Check-off deduction upon written notice to the Employer and the Union during the fifteen (15) day period prior to the expiration of the contract, (c) The Union will protect and save haLialess 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. STEWARDS AND ALTERNATE Section 1 There shall be one chief steward for the bargaining group and one alter- nate steward for each shift. Stewards will be permitted to leave their work, after obtaining approval of their respective supervisors and recording their time for the purpose of (2) adjusting grievances in accordance with the grievance procedure and for re- porting to the grievant a change in status of his grievance. Pelatission for stewards to leave their work stations will not be unreasonably withheld. Stewards will report their time to their supervisor upon returning from a grievance discussion. The privilege to leave their work during working hours, without loss of pay, is extended with the understanding that the time will be devoted to the prompt handling of grievances and will not be abused, and that they will con- tinue to work at their assigned jobs at all times except when permitted to leave their work to handle grievances. Section 2 The Union will furnish the Employer with the names of its authorized representatives who are employed within the Unit and such changes as may oc- cur from time to time in such personnel so that the Employer may at all times be advised as to the authority of the individual representative of the Union with which it may be dealing. V. GRIEVANCE PROCEDURE Section 1 The Employer and the Union support and subscribe to an orderly method of adjusting employee grievances. To this end, the Employer and the Union agree that an employee should first bring his problem or grievance to the attention of his immediate supervisor, with or without his steward, within five (5) days of the occurrence. The immediate supervisor shall attempt to resolve the grievance informally. Dismissals, suspensions, demotions and disciplinary actions of any type shall not be a subject for the grievance procedure but shall be processed according to the procedures of the Personnel Appeal Board. (3) Step 1 If the grievance is not settled informally, it shall be discussed with the steward and shall be reduced to writing, signed by the grievant and submitted to his immediate supervisor within five (5) working days of the informal discussion. Step 2 The written grievance shall be discussed between the steward and the immediate supervisor. The supervisor will attempt to adjust the matter and will give his written decision within five (5) working days of receipt of the written grievance. Step 3 If the grievance is not settled in Steps 1 and 2, the Union may within five (5) working days after the supervisor's answer, re- quest a meeting of the Grievance Cozmittee. Such meetings will be held within fifteen (15) working days after the date of written request and the Employer will render his decision within seven (7) working days thereafter. The Employer and the Union may by mutual agreement extend the time limits of the grievance procedure. The Union Grievance Committee will consist of the staff representative, the Chief Steward, and one other member to be selected by the Union and certified in writing to the employer. (Working days refer to Monday - Friday, excluding Saturday, Sunday and Holidays.) Section 2 Any matter not settled in Step 3 of the grievance procedure may be sub- mitted to final and binding arbitration by either of the parties. A request for arbitration must be submitted by written notice to the other party with- in fifteen (15) days after the grievance committee meeting. Expenses for arbitration shall be borne equally by both parties. (4) If the parties fail to select an arbitrator, one will be selected under the rules of the American Arbitration Association. The arbitrator shall have no power or authority to add to, subtract from, alter or modify the terms of this agreement, or set a wage rate. Any grievance not appealed from a decision in one of the steps of the grievance procedure to the next step as prescribed, shall be considered dropped and the last decision final and binding, except that time limits may be extended by mutual agreement of the parties. In the event that the Em- ployer shall fail to supply the Union with its answer to the particular step within the specified time limits, the grievance shall be deemed automatically positioned for appeal at the next step with the time limit for exercising said appeal commencing with the expiration of the grace period for answering. VI. BULLETIN BOARD The Employer shall assign space for a bulletin board which shall be used by the Union for posting notices, bearing the written approval of the Chief Steward of the Union local, which shall be restricted to: (a) Notices of Union recreational and social affairs; (b) Notices of Union elections; (c) Notices of Union appointments and results of Union elections; (d) Notices of Union Meetings; (e) Other notices of bona fide Union affairs which are not political or libelous in nature. VII. SENIORITY New employees may acquire seniority by working six (6) continuous months, in which event the employee's seniority will date back to the date of hire into the department. When the employee acquires seniority, his name shall be placed on the seniority list, in the order of his seniority date. (5) An up-to-date seniority list shall be furnished to the Union every six (6) months. An employee shall lose his seniority for the following reasons: (a) If the employee resigns or retires; (b) If the employee is discharged, and not reinstated; (c) If the employee is absent from work for three working days, without properly notifying the Employer, unless a:satisfactory reason is given; (d) If the employee does not return to work at the end of an ap- proved leave; (e) If the employee does not return to work when recalled from a layoff. VIII. LAY-OFF AND RECALL (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 perfoLming available jobs and shall be recalled in the inverse order. (Refer to Rule #9, Oakland County Merit System Handbook.) All employees so laid off shall be offered the opportunity of recall prior to the hiring of any new employees. IX. PROMOTIONS Promotions within the bargaining unit shall be made on the basis of com- petitive examination as provided for in the Oakland County Merit System. The Manager - Security Division will make his selection for promotion from the three highest ranking candidates who have passed the promotional examination, X. FALSE ARREST INSURANCE Employees covered by this agreement shall be provided, by the Employer, a policy of False Arrest Liability Insurance. The premiums for such insur- ance will be paid by the County. (6) XI. GENERAL CONDITIONS Section 1 The Union shall be notified in advance of anticipated permanent major changes in working conditions and discussions shall be held thereon. Section 2 Employees elected to any permanent full time union office or selected by the Union to do work which takes them from their employment with the County, shall at the written request of the Union be granted a leave of absence with- out pay. The leave of absence shall not exceed two (2) years, but it shall be renewed or extended for a similar period at any time upon the written request of the Union. Section 3 When any position not listed on the wage schedule is filled or established, the County may designate a job classification and rate structure for the po- sition. In the event the Union does not agree that the classification, rate or structure are proper, the Union shall have the right to submit the issue as a grievance through the grievance procedure within a three (3) month period. Section 4 Special conferences for important matters may be arranged at a mutually convenient time between the staff representative and the Employer or its desig- nated representative upon the request of either party. Such meetings shall be between at least two representatives of the Employer and no more than two em- ployee 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 (7) shall be confined to those included in the agenda. The members of the Union shall not lose time or pay for time spent in such special conferences. Section 5 In the event that any other represented unit negotiates a contract with the County of Oakland containing any form of union security, the same right will automatically be given to the unit covered under this agreement. XII. ADOPTION BY REFERENCE OF RELEVANT RESOLUTIONS AND PERSONNEL POLICIES All Resolutions of the Oakland County Board of Commissioners, as amended or changed, from time to time, relating to the working conditions and compensa- tion of the employees covered by this agreement, and all other benefits and policies provided for in the Oakland County Merit System, which incorporates the Oakland County Employee's Handbook, are incorporated herein by reference and made a part hereof to the same extent as if they were specifically set forth. XIII. MAINTENANCE OF CONDITIONS Wages, hours and conditions of employment legally in effect at the exe- cution of this agreement shall, except as improved herein, be maintained during the terms of this agreement. No employee shall suffer a reduction in such benefits as a consequence of the execution of this agreement. XIV. ECONOMIC MATTERS The agreement between the parties on economic matters are set forth in Appendix A and Appendix B attached hereto and are incorporated into this col- lective bargaining agreement, subject to the terms and conditions thereof. XV. NO STRIKE - NO LOCKOUT Under no circumstances will the Union cause or authorize or permit its members to cause, nor will any member of the bargaining unit take part in any strike, sitdown, stay-in or slowdown or any violation of any State law. In (8) TEAMSTER LOCAL 2 STATE106UNTY AJ COUNTY 0, OAKLAND, a Mic4fgan CII;41, WORKERS Coiler iowl Co43At _ 1 OAKLANTr-C-6-UNTY EXECUTIVE (9) 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 offend- ing conduct. The Employer will not lockout any employees of the bargaining unit during the term of this agreement. XVI. DURATION This agreement shall remain in full force and effect from January 1, 1978, to midnight, June 29, 1979. The agreement shall be automatically renewed from year to year thereafter unless either party shall notify the other in writing, sixty (60) days prior to June 29, 1979, that it desires to modify the agree- ment. In the event that such notice is given, negotiations shall begin within a reasonable period of time. This agreement shall remain in full force and be effective during the period of negotiations and until notice of termination of this agreement is provided to the other party in the manner set forth in the following paragraph. In the event that either party desires to terminate this agreement, writ- ten 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 ap- plicable statutes and ordinances and remain within the jurisdiction of the County of Oakland for continued application. APPENDIX A SALARIES The following Merit Salary Schedule shall prevail for the period from January 1, 1978, through June 30, 1978: CLASSIFICATION BASE 6 MO. 1 YEAR 2 YEAR 3 YEAR 4 YEAR Security Officer 10,500 11,200 11,800 12,400 13,000 13,600 Building Security Att. 8,500 8,750 9,000 9,500 10,000 . The following Merit Salary Schedule shall prevail for the Period from July 1, 1978, through December 29, 1978: • CLASSIFICATION BASE 6 MO. 1 YEAR 2 YEAR 3 YEAR 4 YEAR Security Officer 10,900 11,600 12,200 12,800 13,400 14,000 Building Security Att. 9,000 9,350 9,500 10,000 10,500 The following Merit Salary Schedule shall prevail for the period from December 30, 1978, through June 29, 1979: CLASSIFICATION BASE 6 MO. 1 YEAR 2 YEAR 3 YEAR 4 YEAR Security Officer 11,400 12,100 12,700 13,300 13,900 14,500 Building Security Att. 9,300 9,800 10,000 10,600 11,1,90 APPENDIX B For the following fringe benefits, refer to the Oakland County Em- ployees' 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 Income Continuation Insurance ****11. Dental Insurance *****12. Tuition Reimbursement * 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 employees who have completed three months service, with prior permission, as a religious holiday, for an employee's birthday, or for other purposes desired by the em- • ployee. There shall be. no premium pay in conjunction with this day and the department head shall be responsible for considering the best interest of the department and County service when ap- proving use of the Floating Holiday. ** Effective January 1, 1978, employees hired after this date will not be eligible to include final sick leave or annual leave pay- ments as part of their "Final Average Compensation" for the pur- pose of computing retirement benefits. APPENDIX B (con't) *** Effective January 1, 1977, in the event an employee has previously received income continuation insurance, benefits will begin on the day following the day the disability has lasted for a continuous number of work days equal to seventy percent (70%) of the number of sick leave days the employee has earned since he or she last utilized income continuation insurance. **** The $500 lifetime maximum, applied to Type C expenses in connection with fixed bridge work, will no longer be in effect. ***** Effective May 1, 1977, a maximum reimbursement limit of $350 per semester will be established. Effective January 1, 1978, the maximum reimbursement limit shall be increased to $400 per semes- ter (the current two class limit per semester will not change). Employees accepted to degree programs prior to October 1, 1977, will not be subject to the dollar limitation providing their pro- gress in the program is continuous as set forth in the revised Merit Rule #20. FISCAL NOTE BY: FINANCE COMMITTEE, PAUL E. KASPER, CHAIRMAN IN RE: LABOR AGREEMENT FOR SECURITY EMPLOYEES REPRESENTED BY TEAMSTER LOCAL 214, MISCELLANEOUS RESOLUTION #8451 TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairman, Ladies and Gentlemen: Pursuant to Rule XI-C of this Board, the Finance Committee has reviewed Miscellaneous Resolution #8451 and finds the subject contract has an estimated cost of $76,377 in 1978. The Finance Committee finds the sum of $76,377 available in the 1978 Salary Adjustment Appropriation. Said funds are to be transferred to the appropriate salary line items in the Security Division's 1978 Budget. FINANCE COMMITTEE Paul E. Kasper, Chairman #8451 May 18, 1978 Moved by Peterson supported by Daly the report be accepted and Resolution #8351 be adopted. AYES: Simson, Wilcox, Aaron, Daly, DiGlovanni, Doyon, Fortino, Gabler, Hoot, Kasper, Kelly, Lanni, McConnell, Moffitt, Montante, Moxley, Page, Patterson, Perinoff, Pernick, Peterson, Roth. (22) NAYS: None. (0) A sufficient majority having voted therefor, the report was accepted and resolution #8451 was adopted. STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Lynn IL Allen, Clerk of the County of Oakland and having a seal, do hereby certify that I have compared the annexed copy of Co J i:oc r. . . tFle. i.r19 PP. .11.a. ..................... ..... with the original record thereof now remaining in my office, and that it is a. true and correct transcript therefrom, and of the whole thereof. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County at Pontiac, Michigan Lynn. D. Allen Clerk By .................... ............. Deputy Clerk