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HomeMy WebLinkAboutResolutions - 1982.12.16 - 13457Miscellaneous Resolution # 82390 December 16, 1982 BY: PERSONNEL COMMITTEE - John J. McDonald, Chairperson IN RE: 1982, 1983 and 1984 LABOR AGREEMENT FOR EMPLOYEES REPRESENTED BY THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO LOCAL 3075 TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: WHEREAS a labor agreement covering the Prosecutor's Investigators assigned to the Oakland County Prosecutor has been negotiated with the American Federation of State, County and Municipal Employees, AFL-CIO Local 3075; and WHEREAS a three (3) year agreement has been reached with the Union for the period January 1, 1982 through December 31, 1984 and said agreement has been reduced to writing; and WHEREAS your Personnel Committee has reviewed the agreement covering employees represented by the Union and recommends approval of the agreement; NOW THEREFORE BE IT RESOLVED that the agreement between the County of Oakland, the Oakland County Prosecutor, and Local 3075, 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. BE IT FURTHER RESOLVED the $12,280 1982 increase in salaries for the above contract be transferred from the 1982 Salaries Adjustment account 4-10100-991-02-00-9991 to the appropriate salary accounts in the Prosecuting Attorney's Department; and BE IT FURTHER RESOLVED the $7,738 increase to the 1983 Prosecuting Attorney's budget, as adopted on December 2, 1982, be transferred from the 1983 Salaries Adjustment account 4-10100-991-02-00-9991 to the appropriate salary accounts in the Prosecuting Attorney's Department. Mr. Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing resolution. PERSONNEL COMMITTEE Marilynn Gosling, Vice Chairperson THE COUNTY OF OAKLAND AND THE OAKLAND COUNTY PROSECUTOR AND LOCAL 3075, MICHIGAN COUNCIL 25 AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES PROSECUTOR'S INVESTIGATORS Collective Bargaining Agreement 1982 - 1984 AGREEMENT / This agreement is made and entered into on this (go day of . 4 t; , A.D., 1982, by and between the Oakland County Prosecutor and the Oakland County Board of Commissioners, hereinafter referred to collectively as the "Employer", and Local 3075 Michigan Council 25, 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 employees of the Oakland County Prosecutor's Office, for the purpose 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 employees of the Oakland County Prosecutor's Office as defined in M.E.R.C. Case #76,H410 (Prosecutor's Investigators) 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. DISCIPLINE Section 1 There shall be the following types of disciplinary action: a. Oral reprimand; b. Written reprimand; c. Suspension without pay; d. Removal or dismissal. A. ORAL REPRIMAND An oral reprimand is an action taken by the Prosecuting Attorney, the Chief Assistant Prosecutor, or Chief of the Criminal Investigations Division, in which the employee is told about an action or behavior which is objectionable and should be corrected. B. WRITTEN REPRIMAND A written reprimand is an action by the Prosecuting Attorney, the Chief Assistant Prosecutor, or Chief Investigator, in which he writes out the action or behavior which he wishes the employee to change, cease, or begin. The written reprimand will describe in detail the behavior to be corrected, and will give direct and concrete orders for the future and will point out the consequences of repeating the actions which brought about the written reprimand. Written reprimands must be given on forms provided by the Personnel Department of the County. (2 ) C. SUSPENSION WITHOUT PAY This is an action taken by the Prosecuting Attorney or the Chief Assistant Prosecutor which removes the employee from employment in the Prosecutor's Office and from the County payroll for a definite period of time. This action does not require the employee's consent- to placing him on such a leave without pay. The employee does not accrue salary, annual leave credit or sick leave credit during the time he is suspended, nor can he use such time while on suspension. At the end of the suspension, the employee shall be returned to the payroll at the same classification and salary as when he was suspended. Suspensions without pay must be given on forms provided by the Personnel Department of the County. D. REMOVAL OR DISMISSAL This is an action taken by the Prosecuting Attorney or the Chief Assistant Prosecutor which permanently removes an employee from employment in the Prosecutor's Office and from the County payroll. Dismissed employees need not be kept in employment or be paid for any time after completion of their normal working day on the day they are dismissed. Dismissed employees shall be treated the same as employees separated for reasons other than retirement in the matters of paying, for unused accumulated - annual leave, compensatory time and unused sick leave accumulation. Dismissals must be given on forms provided by the Personnel Department of the County. (3) Section 2 METHOD OF NOTIFYING AN EMPLOYEE OF A DISCIPLINARY ACTION For any form of disciplinary action, other than oral reprimand, a written notice of the action, giving specific reasons for the action and the effective dates and conditions of the action, must be signed by the Prosecuting Attorney or Chief Assistant Prosecutor and be presented to the employee in person by the Prosecuting Attorney, the Chief Assistant Prosecutor or his authorized subordinate, or sent to the employee's last known address by registered mail, restricted delivery, with return receipt requested, on or prior to the effective date of the action. Where available, the written notice of disciplinary action must be on official forms of the Personnel Department of the County. Section 3 APPEAL OF DISCIPLINARY ACTION An employee subject to any disciplinary action who has completed his probationary period, has the right, within ten (10) calendar days of receiving notice of such action, to demand in writing a review of the disciplinary action by a Trial Board as hereinafter provided. The appeal must be delivered to the Prosecuting Attorney or Chief Assistant Prosecutor in person or by certified mail within the time allowed. The appeal must contain the reasons why the employee feels the appealed action was not justified and state the remedial action ' requested. (4) If the employee has not withdrawn his appeal by 5:00 p.m. on the twentieth (20) calendar day after the date the disciplinary action was taken, the Prosecuting Attorney shall schedule a hearing on the matter before the Trial Board within thirty (30) days of the date of the disciplinary action. Section 4 PROBATIONARY STATUS Every Prosecutor Investigator shall serve a six month trial period immediately following his appointment, promotion or reemployment. This probationary period is a continuation of the selection, promotional or reemployment process and the appointment, promotion or reemployment is not complete until the employee has successfully completed the probationary period. The probationary period shall begin on the effective date of appointment or reemployment and shall end on the same date of the sixth month in the future. During the probationary period following an appointment or reemployment, an employee does not have the right to appeal a dismissal, suspension or disciplinary action to the Trial Board, and such action taken by the Prosecuting Attorney or Chief Assistant Prosecutor shall be final. Moreover, during a probationary period following a promotion, an employee does not have the right to appeal a demotion to the highest classification in which he has completed his probationary period. (5) Section 5 TRIAL BOARD The Trial Board shall consist only of the following individuals: I. The Prosecuting Attorney or his designated representative. 2. A fellow member of the Bargaining Unit selected by members of that Unit. 3. Post Commander, Michigan State Police, Pontiac Post No. 27. The Prosecuting Attorney or his designated representative shall be the Chairman of the Trial Board. If the Post Commander of the Michigan State Police Post No. 27 is unwilling or unable to serve as a member of the Trial Board, the Prosecuting Attorney and the representative of the Bargaining Unit will attempt to mutually agree upon a disinterested third party to serve in his stead. The decision of the majority of the Trial Board shall be a final and binding decision regarding the disciplinary action. In any type of disciplinary action, other than an oral reprimand, the employee subject to the action shall have the right to have a fellow member of the Bargaining Unit present during any discussions and at the Trial Board hearing if one is held. (6) Section 6 CONDUCT OF TRIAL BOARD HEARINGS 1. The Trial Board may conduct its hearings in an informal manner, but witnesses in such hearings shall be sworn. The department head may represent himself or be represented by a member of his staff. 3. The employee may represent himself or be represented by the member of the Bargaining Unit selected to represent members of the Bargaining Unit in disciplinary matters. Additionally, at the request of the disciplined employee, a member of Council 25 AFSCME may attend in an advisory capacity. 4. The Trial Board may subpoena witnesses and records as it finds necessary. 5. A quorum shall consist of all three Trial Board members present. 6. A majority vote of two of the Trial Board members shall be required for binding action. 7. The Trial Board may either affirm, modify or revoke the order of dismissal, suspension or disciplinary action to any extent, if in its judgment, is equitable. The decision and findings of facts shall be reduced to writing, shall be certified and forwarded to the interested parties and shall be enforced and followed by them. a. If the action of the department head is affirmed, by the Trial Board, the effective date of the action shall stand. (7) . b. If the action of the department head is modified by the Trial Board, compensation and other benefits shall be in accordance with and in proportion to the extent of such modification. c. If the action of the department head is revoked by the Trial Board, all compensation and other benefits which would have been accrued to the employee from the effective date of the action shall be restored to him. IV. REPRESENTATION The Bargaining Unit shall select by a majority vote, one of their members to represent them in matters of disciplinary action. His name shall be certified in writing to the Prosecuting Attorney. Permission for the representative of the Bargaining Unit to leave his work station for the purpose of handling disciplinary matters will not be unreasonably withheld. V. BULLETIN BOARD The Employer shall assign a locked bulletin board which shall be used by the Union for posting notices, bearing the written approval of the President of the Union local, which shall be restricted to: (a) Notices of Union recreational and social affairs; (b) Notices of Union elections; (c) Notices of Union appointments and results of Union elections; (d) Notices of Union meetings; (e) Other notices of bona fide Union affairs which are not political or libelous in nature. (8) VI. PROMOTIONS All promotions within the Bargaining Unit shall be made on the basis of competitive examination. The Prosecuting Attorney will make his selection for promotion from the three highest ranking candidates who have passed the promotional examination. VII. 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 insurance will be paid by the County. VIII. 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 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. (9) IX. MERIT SYSTEM RESOLUTION 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. This is to be interpreted to mean that represented employees shall be covered by all Merit System Rules in effect on the date of the signing of this agreement except for those rules dealing specifically with the manner of selection, appointment, removal from office or limitations of political activity. In accordance with past practice, 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 with the limitations set forth above and made a part hereof to the same extent as if they were specifically set forth. X. MAINTENANCE OF CONDITIONS Wages, hours and conditions of employment legally 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. XI. 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 slow-down or any violation of any State law. In the event of a work stoppage or other curtailment, the Union shall immediately (10) 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. XII. SPECIAL CONFERENCES 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 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 conference. XIII. FUTURE NEGOTIATIONS AS TO AGENCY SHOP In the event that any other represented unit negotiates a contract with the County of Oakland containing any form of Agency Shops, this unit may then request negotiations to discuss a modified Agency Shop. (11) XIV. FINAL AVERAGE COMPENSATION It is hereby agreed by the parties that, effective January 1, 1978, employees hired after this date will not be eligible to include sick leave, annual leave, or any overtime payments as part of their "Final Average Compensation" for the purpose of computing retirement benefits. XV. 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, and an itemized statement to the Chapter Chairman, 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 r 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 deductions upon written notice to the Employer and the Union submitted during the fifteen (15) day period prior to the expiration of the agreement. (12 ) (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. XVI. DURATION This agreement shall remain in full force and effect from January 1, 1982, to midnight, December 31, 1984. It shall be automatically renewed from year to year thereafter unless either party shall notify the other in writing ninety (90) 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 ninety (90) 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 (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. (13 ) XVII. HATTERS FOR FURTHER DISCUSSION Section 1 Salaries For 1984 Negotiations of salary rates for 1984 may include adjustments to the Merit Salary Schedule applied as percentages, flat dollar amounts of other variations. It is understood and agreed between the parties that under no circumstances will the consideration of salary rates for 1984 include any form of cost of living allowance or other salary formula based on variations of an economic index. Section 2 Fringe Benefits 1984 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 commitment as to a particular position on any of the issues. The parties do agree to deal in good faith bargaining in the reopened negotiations. Bargaining for 1984 salary and fringes will commence no later than November 1, 1983. (14) L. Brooks PAtterson ProsecutAg Attorney By: Richard R. Witcox, Chairperson ' Board of Commissioners XVIII. 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. AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO, MICHIGAN COUNCIL 25 c--- OAKLAND COUNTY PROSECUTOR COUNTY OF OAKLAND, A Michigan Constitutional Corporation OAKLAND'SCOUNTY EXECUTIVE (15) PROSECUTOR'S INVESTIGATOR APPENDIX A A. 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 B. Fringe Benefits 1982 - 1983 - All fringe benefit improvements offered on a County-wide basis to non-represented employees during the calendar years 1982 and 1983 shall also be applied to Employees represented by Local 3075 and become a part of this agreement. *Effective 1/1/83 revised Merit Rule #26 (Sections 1A, II, III and IV) pertaining to Legal Holidays will be in effect for employees represented by this bargaining unit. (16) z II Effective January 1, 1982, employees required to drive their personal vehicle on official County business shall receive twenty-five (25) cents per mile. (17) PROSECUTOR'S INVESTIGATOR APPENDIX B MERIT SALARY SCHEDULES FOR 1982 (a) Prosecutor's Investigators hired prior to 1/1/81 $27,051 flat rate These employees will continue to contribute 6% of their total wages toward the Retirement Plan. (b) Prosecutor's Investigators hired on or after 1/1/81 $25,520 flat rate These employees will not contribute to the Retirement Plan but will be covered by the plan in the same manner as other County employees. MERIT SALARY SCHEDULE FOR 1983 All employees represented by this bargaining unit shall receive any general wage increases approved by the Oakland County Board of Commissioners to take effect during calendar year 1983 for non-represented employees. (18) #82390 December 16, 1982 16th day of December 1982 this Moved by Gosling supported by Moore the resolution be adopted. AYES:, Wilcox, Aaron, Caddell, Calandro, Doyon, Fortino, Gabler, Geary, Gosling, Hobart, Jackson, Kasper, Lanni, Moore; Olsen, Page, Patterson, Perinoff, Pernick, Peterson, Price. (21) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. - STATE. OF MiCH(GAN)_ 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 II $2390 adopted by the Oakland County Board of Commissioners at their meeting held on December 16, 1982 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, County Clerk/ Register of Deeds