HomeMy WebLinkAboutResolutions - 1976.08.05 - 140447651 August 3, 1976 Miscellaneous Resolution
BY: PERSONNEL COr.11: Dennis M. P,Ycon, Chairman.
gran tin ; C.L. F ive ( ) . salary increases were granted to other
from than budgeted sources; and
WIIERFAS said agreement has been reviewed by your Personnel Committee
which .r.(•, ) :1H.)i...)val of the agreement,
IN RE: LAUNDRY EA WA AGREEMENT
TO THE OAKLAND COT.V'A BOARD OF COMv.[STONERS
..,h71.an, Ladies and Gentlemen:
WHEREAS the non-supervisory employees at the Oakland County Laundry
petitioned fc r :sentation. by the Amer ss 7i..Jation of State,
County and Municipal Employees on November 13, 1975; one
WHEREAS due to the pending election, the County was rs iced from
non-union Cunt [or effect on January 1, 1976; and
the American Federation of
was subsequently certified as bargaining agent
County and Hun •: 1;..r 17Yees
the Laundr ,.. ,HH_oyce:-.. and
WHEREAS the County 1nd and the Union :“?en negotiating
ag,-n7nnt for 1976 covering the involved employees and said agreement hr r
react :! and reduced to writing; and
.h.e. Laundry positions axe non-budgeted and the estimated
increased l''TJ cost of $7,580 necessary to fund the will bc
NGV, TILEREE BE IT RESOLVED that the agreement between tit,
Oakland, the en - ::m of the Oakland County Laundry and Local. 1993, American
Federation of State, County and 7')iej -,,.11 Employees, AFL-C10, be and the same
is hereby approved; and that the 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 Dennis M. Aaron, Chairman, m.)v,.s he
adoption of the foregoing resolution-
ITT EU
De11:: H. Chairman
THE COUNTY OF OAKLAND
AND
THE AMERICAN FEDERATION OF STATE, COUNTY
AND MUNICIPAL EMPLOYEES, AFL-CIO COUNCIL 23
LAUNDRY EMPLOYEES
DEPARTMENT OF CENTRAL SERVICES
Collective Bargaining Agreement
1976
AGREEMENT
This agreemt is made and entered into on this
day of , A.D., 1976, by and between the County of Oakland,
hereinafter referred to as the "Employer", and the Metropolitan Council
No. 23, of the 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, and that all terms of this agreement shall be tempered with the
fact and knowledge that both parties are human beings with the rights of
human beings under law and morality.
I. RECOGNITION
The Employer recognizes the Union as the exclusive repreertative
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 laundry employees but excluding
supervisors and confidential employees.
TI. 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.
ITT. 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
he remitted together with an itemized statement to the local treasurer,
within fourteen. (14) days after the deductions have been made.
(b) An employee shall cease to be subject to Check-off deductions
beginning with the month immediately following the month in which he is no
longer a member of the bargaining unit. However, an employee shall continue
to be subject to Check-off deductions which he has authorized when he may
be transferred from this bargaining unit to another bargaining unit
represented by Council 23, American Federation of State, County and Municipal
Employees
(c)Any employee may voluntarily cancel or revoke the Authorization
for Check-off deduction upon written notice to the Employer and the Union
during the fifteen (15) day period prior to the expiration date of the
agreement.
(2)
(d) The Union will protect and save harmless the Employer from
any and all claims, demands, suit .-J11 other forms of liability by reason
of action taken by the Employer for the purpose of complying with this
section.
IV. 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. The Local President, upon adequate notice, may be
in attendance as a substitute for one of the above.
Section 4
The Laundry employees shall be represented by one (1) Chief
Steward and one (1) alternate Chief Steward.
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 permanent grievance committee consisting of
two representatives to be selected by the Union and certified in writing
to the Employer. The Local 1998 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 that an employee should first bring his problem or grievance
to the attention of his immediate supervisor, with or without his steward,
and an attempt will be made to resolve the grievance informally. In the
event the steward is called, he shall be released from 'eis 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.
(4)
Step 1
If the grievance is not settled informally between the
employee and his immediate supervisor, the employee shall have
the right to discuss the grievance with his steward. If, in the
steward's opinion, proper cause for 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.
Step 3
A grievance not settled at Step 2 may be submitted to the
Grievance Committee within five days of the date of the receipt
of the written reply. Any grievance not submitted to the Grievance
Committee by written notification to the Employer within five days
shall be considered dropped. A meeting on the grievance shall be
held by the Grievance Committee within ten days unless the time is
extended by mutual agreement of both parties.
Step 4
Any matter not settled in Step 3 of the grievance procedure
may be submitted to final and binding arbitration by either of the
parties. A request for arbitration must be submitted by written
notice to the other party within fifteen (15) days after the Grievance
Committee meeting. Expenses for arbitration shall be borne equally
by both parties.
(5)
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 grievance
through the process shall be strictly adhered to. In the event that a
grievance is not appealed within the particular specified time limit, it
shall be deemed to be settled on the basis of the Employer's last answer.
In the event that the Employer shall fail to supply the Union with its
answer to the particular step within the specified time limits, the
grievance shall be deemed automatically positioned for appeal at the
next step with the time limit for exercising said appeal commencing with
the expiration of the grace period for answering.
Section 3
All specified time limits herein shall consist only of County
work days Monday through Friday.
Section 4
Each grievance shall have to be initiated 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
(6)
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, 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 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
(7)
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.
These promotional examinations shall be conducted under the
provisions of the Merit System applying to continuous examinations. The
Eligibility Lists shall be superseded by new Eligibility Lists after a
period of not less than two (2) years.
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.
(8)
X. TEMPORARY CHANGE OF RATE
In those cases in which the temporary assignment includes taking
over the ultimate responsibility inherent in the higher level job, and in
which the employee working in the temporary assignment has qualified for
the higher level classification by taking and passing the promotional
Merit System examination for that classification; and in which the temporary
assignment is for at least one full shift, the base salary rate will be
paid to the employee in the temporary assignment for the time actually
worked in the higher classification but the increased earnings will not
count toward the basis on which service increment pay is determined.
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
The Employer shall assign a locked bulletin board in the Central
Laundry and bulletin board space in the Dry Cleaning Plant 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;
(9)
(d) Notices of Union meetings;
(e) Other notices of bona fide Union affairs which are not
political or libelous in nature.
Section 3
In the event that any other represented unit negotiates a
contract with the County of Oakland containing any form of union security,
the same right will automatically be given to the units covered under
this agreement.
Section 4
Special conferences for important matters may be arranged at a
mutually convenient time between the Chapter Chairman 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 (2) employee representatives of the Union and the Staff Representative if
so desired. The Local President, upon adequate notice, may be in attendance
as a substitute for one of the employee representatives. 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 5
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 against any member of the bargaining unit by
reason of membership in the Union.
(10)
Section 6
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 7
All supplemental agreements shall be subject to the approval of
the Employer and the Council and/or International Union. They shall be
approved or rejected within a period of forty-five (45) days following the
date of the agreement between the parties.
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
(1 1)
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
Jaruary 1, 1976, to midnight, December 31, 1976. It shall be automatically
rerewed from year to year thereafter unless either party shall notify the
other, in writing, by July 15, 1976, that it desires to modify this
agreement. In the event that such notice is given, negotiations shall
begin not later than August 1, 1976, with discussions to begin first with
aT: 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
ter 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
(12)
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 the Council 23 representative and Local 1998 Union officers
will recommend to the employees that it be ratified.
AMERICAN FEDERATION OF STATE,
COUNTY AND MUNICIPAL EMPLOYEES,
AFL-CIO, METROPOLITAN COUNCIL
NO. 23, LOCAL 1998
OAkLAND COUTTY EXECUTI77.
COUNTY OF OAKLAND, a Michigan
Constitutional Corporc:tion
—
A1-,':az,-er C. :=2rinof.„ "hairri,
Board 'f Comrissioners
By
LAUNDRY EMPLOYEES
AGREEMENT
APPENDIX A
The following merit salary schedule shall prevail dUring the period
January 1, 1976 through December 31, 1976:
CLASS BASE 6 MO. 1 YR. 2 YR. 3 YR. 4 YR.
Maint. Mech. Laundry 9,673 10,108 10,542 10,977
Custodial Worker II 8,836 9,085 9,333
Clerk II 7,499 7,662 7,825 8,151 8,477 8,803
Clerk II/Deliveryman 7,499 7,662 7,825 8,151 8,477 8,803
Laundry Washerman 8,073 8 -,278 8,483 8,893 9303
Asst. Laundry Washerman 7,452 7,650 7,847 8,243 8,638
Seamstress 7,142 7,724 8,306
Laundry Worker 6,624 6,793 6,962 7,299 7,637 7,974
* *
* * *
LAUNDRY EMPLOYEES
AGREEMENT
APPENDIX B
For the following fringe benefits refer to the Oakland County
Employees' Handbook:
1. Injury on the Job
2, Holidays
3. Leave of Absence
4. Life Insurance
5. Longevity
6. Master Medical Insurance
7. Sick Leave
*8. Retirement
9. Annual Leave
**10. Income Continuation Insurance
***11. Dental - Effective January 1, 1976
* Effective January 1, 1975, employees covered by this collective bargaining
agreement shall not be required to contribute to the Oakland County Employees'
Retirement Plan.
Effective March 1, 1975, benefits shall start on the day following the day a
disability has lasted for a continuous number of workdays equal to seventy
percent (70%) of the number of sick leave days the employee has earned since
the first day of employment, but not before the eighth day of disability.
Refer to Memorandum of Understanding executed in October, 1975, outlining
the Dental Plan and the Interpretations applying to the Plan, with Local 1998.
II
Effective January 1, 1975, employees required to drive their personal vehicle
on official County business shall receive fifteen (15) cents per mile and
effective January 1, 1976 shall receive sixteen (16) cents per mile. Such
payment shall be in accordance with current County travel regulations.
#7651 August 5, 1976
Moved by Aaron supported by Button the resolution be adopted.
AYES: Lcr:-)n, -Moffitt, Montante, Murphy, Nowak, Olson, Page, Patterson,
Perinoff, Pernick, Price, Roth, Wilson, Aaron, Button, Daly, Douglas, Dunleavy,
Fortino, Hoot, ro;ghten, Kasper, (22)
NAYS: Gabler. (1)
A sufficient majority having voted therefor, the resolution was adopted.
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lynn D. Alin, Clerk of the County of Oakland and
having a seal, do hereby certify I have compared the annexed copy of
i9P '9Y,tFj Qtqn.d. Cpp,nt,y PAN" Pf C 977 tcriAr s
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. VcWit . ,
Lynn D. Alien .Clerk
:k