HomeMy WebLinkAboutResolutions - 1977.04.07 - 130107395 Miscellaneous Resolution
BY: PERSONNEL COMMITTEE - John J. McDonald, Chairman.
March 17, 1977
IN RE: 1977-1978 LABOR AGREEMENT FOR EMPLOYEES REPRESENTED
BY TEAMSTER LOCAL 214, STATE, COUNTY AND MUNICIPAL WORKERS
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairman, Ladies and Gentlemen:
WHEREAS representatives of the County of Oakland and Teamster
Local 214, State, County and Municipal Workers, have been negotiating
a master contract covering certain employees in the Division. of Parks and
Recreation; and
WHEREAS a two-year agreement covering the Park. Managers, Assistant
Park. Managers, and Greenskeepers has been reached with Local 214 for the
period. January 1, 1977 through December 31, 1978, and said agreement has
been reduced to writing; and
WHEREAS these positions are all "Other Sources" positions paid
from Parks and Recreation funds and do not require the expenditure of
additional budgeted funds; and
WHEREAS your Personnel Committee has reviewed the Master Labor
Agreement covering employees represented by Local 214 and recommends approval
of the Agreement,
NOW THEREFORE BE IT RESOLVED that the Agreement between the County
of Oakland and Teamsters Local 214, State, County and Municipal Workers,
be and the same is hereby approved, and that the Chairman 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, Chairman, moves the
adoption_ of the foregoing resolution.
PERSONNEL COMMITTEE
I4AA /44
// John 7. McDonald, Chairman
THE COUNTY OF OAKLAND
AND
TEAMSTERS LOCAL 21/
STATE, COUNTY AND MUNICIPAL WORKERS
PARK MANAGERS ASSISTANT PARK MANAGERS AND CREENSKEEPERS
OF THE OAKLAND- COUNTY PARKS AND RECREATION COMMISSION
Collective Bargaining Agreement
1977 - 1978
AGREEMENT
This .agreement is made and entered into on this
day of , A.D., 1977, by and between the County of Oakland,
hereinafter referred to as the "Employer", and Teamster 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 hnLmoniously 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 thatboth parties are human beings with the rights of human beings
under law and morality.
T. 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 MANAGERS, ASSISTANT MANAGERS AND
GREENSKEEPERS EMPLOYED BY OAKLAND COUNTY
PARKS AND RECREATION COMMISSION BUT
EXCLUDING NON-SUPERVISORY 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
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 the agreement.
-2-
(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.
TV. REPRESENTATION
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.
Section 2
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 committee 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.
(3)
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
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 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
than 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 I
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
(4)
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.
Step 2
The department will give its written reply within five days
(excluding Saturday, Sunday and holidays) of receipt of the written grievance.
Seep 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 hereinafter for movement Of grievances
X -
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
(5)
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 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.
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;
(6)
(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.
VII. 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.
VIII. 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 qualification for
admission to the examination will be seniority in a classification 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.
(7)
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 Manager takes over the
ultimate responsibility inherent to the Park Manager classification, and in which
the temporary assignment is for more than 30 consecutive calendar days, the
employee will be paid at the next Park Manager 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
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 form of union security, the same
right will automatically be given to the unit covered under this agreement.
(8)
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 aganst 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.
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.
(9)
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 term of this agreement.
XV. DURATION
Section 1 - Duration of Agreement
This agreement shall remain in full force and effect from January 1, 1977,
to midnight, December 31, 1978. It shall be automatically renewed from year to
year thereafter unless either party shall notify the other, in writing, by
July 15, 1978, that it desires to modify this agreement. In the event that such
(1 0)
notice is given, negotiations shall begin not later than August 1, 1978,
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.
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,
and Teamster Local 214 Union officers will recommend to the employee that it
be ratified.
(11)
/
---"
./1 - COUNTY OF OAKLAND, a Michigan
Constitutional CorRor4on
Earl Drake
Bukiness Represent
Wallace Gab-ler, Jr„ CWirman
Board of Commissioners
OAKLANP-7,COUNTY EXECUTIVE
TEAMSTER LOCAL 214
STATE, COUNTY AND MUNICIPAL WORKERS
OAKLAND COUNTY PARKS AND
RECREATION CO-MISSION
PARKS AND RECREATION DEPARTMENT
Park Managers, Asst. Park Managers and Creenskeepers Agreement
APPENDIX A
SALARIES
The following merit salary schedule shall prevail during the
telm of this collective bargaining agreement:
JANUARY 1, 1977 THROUGH JUNE 30, 1977:*
CLASSIFICATION BASE 1 YEAR 2 YEAR 3 YEAR 4 YEAR
Park Mgr. - Youth Act. 18,829 19,513 20,198 20,882 21,567
Park Manager 13,580 14,264 14,949 15,633 16,318
Asst. Park Manager 10,955 11,639 12,324 13,008 13,693
Greenskeeper 10,955 11,639 12,324 13,008 13,693
*Effective July 1, 1977, these rates shall be increased by one (1) percent
over the rates shown; effective January 1, 1978, the rates shall be
increased four (4) percent over the July 1, 1977 rates; effective July 1,
1978, the rates shall be increased two (2) percent over the January 1, 1978
rates and shall remain effective through December 31, 1978.
AGREEMENT WITH LOCAL 214
APPENDIX B
For the following fringe benefits refer to the Oakland County
Employee's 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
***TO. Income Continuation Insurance
****11. Dental Insurance
*****12. Tuition Reimbursement
* Merit Rule 26, "Legal Holidays", will be revised prior to April 1, 1977,
eliminating Good Friday holiday provisions and adding provisions for a
Floating Holiday. This non-accruable 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
employee. 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 approving 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 payments as part
of their "Final Average Compensation" for the purpose of computing
retirement benefits.
*** 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.
APPENDIX B (con' t)
**** 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 semester (the current
two class limit per semester will not change).
11
Effective January 1, 1977, employees required to drive their personel
vehicle on official County business shall receive sixteen (16) cents per
mile. Effective January 1, 1978 ) employees required to drive their
personal vehicles on official County business shall receive seventeen (17)
cents per mile.
#7895 April 7, 1977
Moved by Kasper supported by Patterson the report be accepted and Resolution
#7895 be adopted.
AYES: Page, Patterson, Pernick, Peterson, Price, Roth, Simson, Wilcox, Aaron,
Daly, DiGiovanni, Doyon, Fortino, Gabler, (.per, Kelly, Lanni, Moffitt, Moxley, (19)
NAYS: None. (0)
A sufficient majority having voted therefor, the report was accepted and
Resolution #7895 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 #7895 adopted by the Oakland County Board of
Commissioners at their meeting held on April 7, 1977
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.
7th April 77 this ........... ...... __day of.„......„ . ...
Lynn. D. Allen Clerk
By ., , „.„„, „.„ „ „ „ „., „ ,„ „ „ Clerk