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HomeMy WebLinkAboutResolutions - 1977.02.17 - 13161Miscellaneous Resolution # 7 321 February 3, 1977 BY: PERSONNEL COMMITTEE - John J. McDonald, Chairman IN RE: 1977-1978 LABOR AGREEMENT FOR EMPLOYEES REPRESENTED BY LOCAL 1905, AMERICAN. FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CTO TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairman, Ladies and Gentlemen: WHEREAS the Oakland County Circuit Court - Probation_ Division, the County of Oakland, the 24 employees of the Oakland County Circuit Court - Probation, and Local 1905 of the American Federation of State, County and Municipal Employees, AFL-CIO have been negotiating a contract coveting certain. employees of the Oakland County Circuit Court. Probation Division; and WHEREAS a two-year agreement has been reached with the Probation. Officers unit for the period January I, 1977 through December 31, 1978 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 of the Circuit Court, and Local 1905, American. Federation of State, County and Municipal Employees, AFL-CIO, 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 John e*. McDonald, Chairman THE COUNTY OF OAKLAND AND THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO COUNCIL 23 PROBATION OFFICER EMPLOYEES Collective Bargaining Agreement 1977 7 1978 PROBATION OFFICER AGREEMENT This agreement is made and entered into on this day of , A.D., 1977, by and between the Sixth Judicial Circuit Court and the County of Oakland, hereinafter referred to collectively as the "EmpJoyer", and Local 1905, American Federation of State, County and Municipal Employees, AFL-CIO, 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 Probation Officer employees of the Oakland County Circuit Court Probation .Department, 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, as amended: All Oakland County Circuit Court probation officers; but excluding supervisors and all other employees. II. MANAGEMENT RESPONSIBILITY The right to hire, promote, discharge or discipline, 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 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 initi- ation fee and dues, once each month, from the pay of those employees who individually authorize in writing that such deduction 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, and an itemized statement to the Chapter Chair- man, 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 23, American Federation of State, County and Municipal Employees. (c) Any employee may voluntarily cancel or revoke the Authoriza- tion for Check-off deductions upon written notice to the Employer and the Union submitted during the fifteen (15) day period prior to the expiration date of the agreement. (d) The Union will protect and save harmless the Employer from any and all claims, demands, suits and other forms of liability by reason of action taken by the Employer for the purpose of comply- ing with this section. IV. BASIS OF REPRESENTATION Section I. There shall be one steward and one alternate steward. (2) Stewards will be permitted to leave their work, after obtaining approval of their respective supervisors and recording their time, for the purpose of adjusting grievances in accordance with the grievance procedure and for reporting to the grievant a change in status of his grievance. Permission for stewards to leave their work stations will not be unreasonably withheld. Stewards will report their time to their supervisor upon returning from a grievance discussion. The privilege of stewards to leave their work during working hours, without loss of pay, is extended with the understanding that the time will be devoted to the prompt handling of grievances and will not be abused, and that they will continue to work at their assigned jobs at all times except when permitted to leave their work to handle grievances. Section 2. There shall also be one Chief Steward and one alternate Chief Steward. Section 3. There shall be a grievance committee consisting of two representatives to he selected from the represented group and certified in writing to the Employer. 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 two parties. A grievance committee meeting may also be attended by a Council 23 representative. (3) V. GRIEVANCE PROCEDURE 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, who shall attempt to resolve the grievance informally. Dismissals, suspensions, demotions and disciplinary actions of any type shall not be a subject for the grievance procedures but shall be processed according to the procedures of the Personnel Appeal Board. Step I. If the grievance is not settled informally, it shall be discussed with the appropriate steward and shall be reduced to writing, signed by the grievant and submitted to his immediate supervisor. Step 2. The written grievance shall he discussed between the steward and the immediate supervisor, and the Chief Steward if so desired. The Supervisor will attempt to adjust the matter and will give his written decision within five (5) 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 (excluding Saturday, Sunday and holidays) of the date of the receipt of the immediate supervisor's 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. Any matter not settled in Step 3 of the grievance procedure (4) 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 he 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. 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. VT. BULLETIN BOARD The Employer shall assign appropriate space on bulletin beards which shall be used by the Union for posting notices, bearing - the written approval of an officer 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 (5) 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 it 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; (d) If the employee does not return to work at the end bf an approved leave; (e) If the employee does not return to work when recalled from a layoff except that, an employee shall not lose • seniority if within three (3) days of receipt of notice of recall to work, he gives a written notice to the Employer of his intent to return to work within five (5) • days of the receipt of such notice and does return within the five (5) day period. Consideration may be given by the Employer of reasons given by any employee who has given notice but fails to return within the five (5) day period. VIII. LAYOFF, RECALL, AND TRANSFERS • 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 (6) jobs and shall be recalled in the same order. IX. GENERAL CONDITIONS Section 1. The Union shall be notified in advance of anticipated permanent major changes in working conditions and discussions shall he held thereon. Section 2, The provisions of this agreement shall be applied equally and without favoritism to all employees in the bargaining unit. There shall be no discrimination as to age, sex, marital status, race, color, creed, national origin or political affiliation. The Union shall . share equally with the Employer the responsibility for applying this provision of the agreement. Section 3. The reemployment rights of employees and probationary employees who are veterans will be limited by applicable laws and regulations. Section 4. 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 leaveof 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 5 7 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 (7) 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. Section 6. In the event that any other represented unit negotiates a contract with the County of Oakland containing any form of agency shop, this unit may then request negotiations to discuss a modified agency shop. Section 7. Special conferences for important matters may be arranged at a mutually convenient times 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 represen- tatives of the Employer and no more than two employee :representatives of the Union and the Staff Representative, if so desired. Arrange- ments for such special conferences shall be made in advance and an agenda on 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. . X. ADOPTION BY REFERENCE OR RELEVANT RESOLUTIONS AND PERSONNEL POL/CIES 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 (8) 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. XI. MAINTENANCE OF CONDITION 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. XII. ECONOMIC MATTERS The agreement between the parties or economic matters are set forth in Appendix A and Appendix B attached hereto and as incorporated, subject to the terms and conditions thereof. XIII. 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 (9) 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. XIV. DURATION • This agreement shall remain in full force and effett until • 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 is desires to modify this agreement. In the event that such 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. 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. If any article or section of this agreement or any appendixes or supplement thereto should be held invalid by any Constitutional provisions, operation of law or by any tribunal or competent juris- diction, or if compliance with or enforcement of any article or section (10) OAKLAND COUNTY EXECUTIVE COUNTY OF OAKLAND, Michigan ConsiV9_tution41,e4eporatio W. Jr„ Ckairman Board of Commissioners should be restrained by such tribunal, the remainder of this agreement shall not be affected thereby. AMERICAN FEDERATION OF STATE COUNTY AND MUNICIPAL EMPLOYEES METROPOLITAN COUNCIL NO. 23, AFL-CIO, LOCAL 1905 Byron E. DeLong, Staff Representative 6 MO, 1 YEAR 2 YEAR 12,212 14,746 16,245 17,972 CIRCUIT COURT PROBATION OFFICER AGREEMENT APPENDIX A SALARIES The following merit salary schedule shall prevail during the tetw of this collective bargaining agreement: JANUARY 1, 1977 THROUGH JUNE 30, 1977:* CLASSIFICATION BASE Probation Officer 1 11,521 Probation Officer II 13,249 Probation Officer III 17,166 *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 tates shall be increased two (2) percent over the January 1; 1978 rates and shall remain effective through .December 31, 1978. AGREEMENT WITH LOCAL 1905 APPENDIX B For the f011owing fringe benefits refer to the Oakland County Employees Handbook: 1. Injury on the job *2. Holidays 3. Leaves 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 * 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 (can't) ****The !'000 ilfctime mnximum, 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). II Effective January 1, 1977 employees required to drive their personal vehicle an 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. TIT Economic benefits of a fringe nature officially applied to Oakland County employees on a county-wide basis and incorporated into the Oakland County Employee's Handbook shall also be applied to the employees covered in this collective bargaining agreement. FISCAL NOTE BY: FINANCE COMMITTEE, PAUL E. KASPER, CHAIRMAN IN RE: MISCELLANEOUS RESOLUTION #7821 - 1977 -78 LABOR AGREEMENT FOR EMPLOYEES REPRESENTED BY LOCAL 1905 AMERICAN FEDERATION OF STATE COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairman, Ladies and Gentlemen: Pursuant to Rule XI-C of this Board, the Finance Committee has re- viewed Miscellaneous Resolution #7821 and finds that funds are available in the amount of $21,993 to cover the additional salary cost as stipulated in the labor agreement, Said funds to be transferred from the 1977 Non- Departmental line-item, Salary Adjustment, to the Central Services Probation Division. FINANCE COMMITTEE r Paul E. Kaso"er )Chairman 't1G #7821 February 17, 1977 Moved by Kasper supported by Kelly the report be accepted and Resolution #7821 be adopted. AYES: Roth, Sfmson, Wilcox, Aaron, Daly, DiGiovanni, Doyon, Fortino, Gabler, Gorsline, Kasper, Kelly, Lanni, McConnell, McDonald, Moffitt, Montante, Moxley, Murphy, Olson, Patterson, Perinoff, Pernick, Peterson. (24) NAYS: None, (0) A sufficient majority having voted therefor, the report was accepted and Resolution #7821 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 #7821 adopted by the Oakland County Board of Commissioners at their meeting heTd on February 17, 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 this day of.8?Lruiry 1977.. Lynn D., Allen... ....... Clerk #7821 February 3, 1977 The Chairman referred the resolution to the Finance Committee. There were no objections.