HomeMy WebLinkAboutResolutions - 1981.02.19 - 14353EBY APPROV- 7°7 RESOLUT
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Miscellaneous Resolution # 81016
BY: PERSONNEL COMMITTEE - John J. McDonald, Chairperson
February 5, 1981
IN RE: 1981 LABOR AGREEMENT FOR EMPLOYEES REPRESENTED BY LOCAL 804,
NATIONAL UNION OF POLICE OFFICERS, SEIU, AFL-CIO
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Sheriff's Department, the County of Oakland
and Local 804 of the National Union of Police Officers, SEIU, AFL-CIO, have
been negotiating a contract covering fourteen (14) Command Officers of the
Oakland County Sheriff's Department; and
WHEREAS a one (1) year agreement has been reached for the period
January 1, 1981 through December 31, 1981 and said agreement has been reduced
to writing; and
WHEREAS the agreement has been reviewed by your Personnel Committee
which recolwuends approval of the agreement;
NOW THEREFORE BE IT RESOLVED that the proposed agreement between the
Oakland County Sheriff's Department, the County of Oakland, the Command Officers
employees, and Local 804, National Union of Police Officers, SEIU, 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.
Mr. Chairperson, on behalf of the Personnel Committee, I move the
adoption of the foregoing resolution.
PERSONNEL COMMITTEE
THE COUNTY OF OAKLAND
THE NATIONAL UNION OF POLICE OFFICERS," AFL-CIO
SHERIFF DEPARTMENT - LIEUTENANTS & CAPTAINS
Collective Bargaining Agreement
1981
AGREEMENT
This agreement is made and entered into on this
.day of , A.D., 1981, by and between the
Oakland County Sheriff and the Oakland County Board of Commissioners,
hereinafter referred to collectively as the "Employer", and Local
804 National Union of Police Officers SEIU, 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 repre-
sentative of the Lieutenants and Captains of the Oakland County
Sheriff's 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 employees classified as Lieutenants
and all Captains of the Oakland County
Sheriff Department excluding all others.
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 exclu-
sively 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. 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 end of each calendar year.
(c) 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.
IV. BASIS OF REPRESENTATION
Section 1.
There shall be one steward and an alternate 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
(2)
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 time except when peluitted to leave their work
to handle grievances.
Section 2.
There shall be a grievance committee consisting of the
two members of the unit to be selected by the Union 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 addi-
tion, the committee may discuss with the Employer other issues which
would improve the relationship between the parties.
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 the Sheriff or his
designee with or without his steward within 5 days of the oc-
curance, who shall attempt to resolve the grievance informally.
Dismissals, suspensions, demotions and disciplinary actions of any
type shall hot be a subject for the grievance procedure but shall be
processed according to the procedures of the Personnel Appeal Board.
(3)
Step 1.
If the grievance is not settled informally, it shall be
discussed with the steward and shall be reduced to writing,
signed by the grievant and submitted to the Sheriff or his
designee.
Step 2.
The written grievance shall be discussed between the steward
and the Sheriff or designee. The Sheriff/designee 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.
Any grievance not settled at Step 2 may be submitted to the
next meeting of the grievance committee. Any grievance not
submitted to the next grievance committee meeting, by written
notification to the Employer within five (5) days of the
immediate supervisor's written decision, shall be considered
dropped.
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 Michigan Employment Relations Commission.
The arbitrator shall have no power or authority to add to,
subtract from, alter or modify the terms of this Agreement, or set a
wage rate.
Any grievance not appealed from a decision in one of the steps
of the grievance procedure, to the next step as prescribed, shall be
considered dropped and the last decision final and binding, except that
time limits may be extended by mutual written agreement of the parties.
(4)
VI. BULLETIN BOARD
The Employer shall assign space for a bulletin board which
shall be used by the Union for posting notices, bearing the written
approval of the President of the Union local, which shall be re-
stricted 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
Employees covered by this Agreement shall acquire seniority
by working six (6) continuous months in the unit, in which event the
employees seniority will date back to the date of hire into the
department. When the employee acquires seniority, his name shall be
placed on the seniority list, in the order of his seniority date.
' A seniority list shall be furnished to the Union every six
(6) months.
An employee shall lose his seniority for the following
reasons:
(a) If the employee resignes or retires;
(b) If the employee is discharged, and not reinstated;
(c) If the employee is absent from work for three working
days, without properly notifying the Employer, unless
a satisfactory reason is given;
(d) If the employee does not return to work at the end
of an approved leave;
(e) If the employee does not return to work when recalled
from a layoff.
(5)
VIII. LA‘ZOFF, RECALL, AND TRANSFERS
(a) If and when it becomes necessary for the Employer to
reduce the number of employees in the work force, the employees will
be laid off in seniority order, provided a Captain shall have the
right to use his greater seniority to bump a Lieutenant with less
seniority, based on capability of performing available jobs and
shall be recalled in the same order.
(b) If and when an employee is permanently transferred to
another division within the Department, the president or chief
steward shall be notified of said transfer by the employer.
IX. PROMOTIONS
All promotions within the Bargaining Unit shall be made on
a basis of a Competitive Examination as provided for in the Oakland
County Merit System, or the Sheriff may promote the most qualified
employee in accordance with his professional judgement.
X. FALSE ARREST INSURANCE
Employees covered by this agreement shall be provided, by
the Employer, a policy of False Arrest liability insurance. The
premiums for such insurance will be paid by the County.
XI. GENERAL CONDITIONS
Section 1.
The Union shall be notified in advance of anticipated
permanent major changes in working conditions and discussions shall
be held within reasonable time if requested by the Union.
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
(6)
share equally with the Employer the responsibility for applying this
provision of the agreement.
Section 3.
Employees elected to any peLwanent 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 4.
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 rate for the classification is proper, the Union shall have the
right to submit the issue as a grievance through the grievance procedure
within a three (3) month period.
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 Employee's Handbook,
are incorporated herein by reference and made a part hereof to the same
extent as if they were specifically set forth.
XIII. MAINTENANCE OF CONDITIONS
Wages, hours and conditions of employment legally in effect
at the execution of the Agreement shall, except as modified herein, be
maintained during the term of this Agreement.
(7)
XIV. ECONOMIC MATTERS
The Agreement between the parties on economic matters are
set forth in Appendix A and Appendix B attached hereto and are
incorporated into this collective bargaining agreement, subject to
the terms and conditions thereof.
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.
XVI. DURATION
This Agreement shall remain in full force and effect from
January 1, 1981, to midnight, December 31, 1981. The Agreement shall
be automatically renewed from year to year thereafter unless either
party shall notify the other in writing, one hundred twenty (120) days
prior to December 31, 1981, that it desires to modify the Agreement.
In the event that such notice is given, negotiations shall begin within
a reasonable period of time. This Agreement shall remain in full force
and be effective during the period of negotiations and until notice of
termination of this agreement is provided to the other party in the
manner set forth in the following paragraph.
In the event that either party desires to terminate this
agreement, written notice must be given to the other party no less
that ten days prior to the desired termination date which shall not
be before the anniversary date set forth in the preceding paragraph,
(8)
LAND COUNTY SHERIFF
Johannes Spreen, SI-10.41
COUNTY OF OAKLAW,1)( Michigan
Constitutional Corporation
By
EL .Executive
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.
NATIONAL UNION OF POLICE OFFICERS,
S.E.I.U., A.F.L.-C.I.O. LOCAL 804
(0)
LIEUTENANTS & CAPTAINS AGEEMENT
APPENDIX A
I. Salaries
The following Merit Salary shall prevail during the term of
this collective bargaining agreement.
January 1, 1981 through December 31, 1981
Classification Base 1 Year 2 Year
Lieutenant 27,151 27,982 28,812
Captain 29,760 30,752 31,743
The above Merit salaries reflect the 8.5 percent increase that
was granted all non-represented employees. Any other general increases
approved by the Oakland County Board of Commissioners which take effect
during the calendar year 1981 for non-represented employees shall be
granted to all classifications represented by Local 804 National Union
of Police Officers. Increases resulting from the Salary Administration
Project applied to specified classifications shall not be considered
a part of a general increase.
II. Captain Weekend Duty Pay
The one Captain designated each weekend to be on duty during that
weekend and who shall work such weekend shall be compensated $300.00
per weekend worked during 1981.
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 Insurance
*****12. Tuition Reimbursement
* The revisions in Merit Rule 26, "Legal Holidays" which eliminate
Good Friday holiday provisions and add provisions for a Floating
Holiday are incorporated in this agreement. This non-accruable
Floating Holiday may be used by employees who have completed three
months service, with prior permission, as a religious holiday, for
an -employee's birthday, or for other purposes desired by the
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 approv-
ing 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.
FISCAL NOTE
BY: FINANCE COMMITTEE, DENNIS MURPHY, CHAIRPERSON
IN RE: MISCELLANEOUS RESOLUTION #81016 - 1981 LABOR AGREEMENT FOR E PLOYEES
REPRESENTED BY LOCAL 804 NATIONAL UNION OF POLICE OFFICERS, SEIU,
AFL-CIO
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
Pursuant to Rule XI-C of this Board, the Finance Committee has reviewed
Miscellaneous Resolution /181016 and finds the proposed contract agreement covers
a one year period January 1, 1981 through December 31, 1981 - at a total cost
of $50,434, which covers fourteen (14) Command Officer Positions.
Further, the Finance Committee finds:
1) The amount of $37,944 is necessary to cover the 1981 wage settlement
and $12,490 for associated fringe benefits,
2) That the Finance Committee finds the amount of $37,944 available in the
1981 Salary Adjustment Account and $12,490 available in the 1981 Fringe Benefit
Adjustment Account,
3) That the Board of Commissioners appropriates $37,944 from the 1981
Salary Adjustment Account and $12,490 from the 1981 Benefit Adjustment Account
and transfers said amounts to the appropriate units within the 1981 Sheriff
Department budget as follows:
Division Name Account Number Account Name Amount
Reserve 991-02-00-9991 Salary Adjustment $(37,91=4 )
Reserve 995-02-00-9995 Fringe Benefit Adjust. (12,49::1)
Administrative Services 42-:-00-1001 Salaries Regular 4,122
-1003 Holiday 199
-1005 Annual Leave 242
-1007 Floating Holiday 19
-1008 Sick Leave 138
-1009 On Call 260
-1015 Service Jr ' . it 474
-1017 Other Sick L .-)ve 14
-1019 Workers Comp. 5
-1020 Death Leave 5
-2074 Fringe Benefits 1,522
Corrective Services Admin. 433-01-00-1001 Salas-Regular 4,122
-1003 Holi ,.! 199
-1005 Annul Leave 242
-1007 Floa':Hg Holiday 19
-1008 Sick Leave 138
-1009 On Call 260
-1015 Service I 1 - . 7fiL 330
-1017 Other Sick Les_vz: 14
-1019 WorYers Comp. 5
-1020 L-_:-.-1-1 Leave 5 '
-2074 Fringe Benefits 1,495
APPENDIX B (con't)
****
*****
The $500 lifetime maximum, applied to Type C expenses in connection
with fixed bridgework, 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). Employees
accepted to degree programs prior to October 1, 1977, will not be
subject to the dollar limitation providing their progress in the
program is continuous as set forth in the revised Merit Rule #20.
All fringe benefit changes applied on a County-wide basis to non-
represented employees during calendar year 1981 shall also be applied
to employees represented by this bargaining unit and become a part
of this agreement.
Division Name Account Number Account Name Amount
Corrective Serv.-Detention 433-10-00-1001 Salaries Regwee $-T7O-T
-1003 Holiday 50
-1005 Annual Leave 61
-1007 Floatie? Holiday 5
-1008 Sick Lee 35
-1015 Service Increment 2,172
-1017 Other Sick Leave 4
-1019 Workers Comp. 1
-1020 Death Leave 1
-2074 Fringe Benefits 1,810
Protective Services-Admin, 436-01-00-1001 Salaries Regular 2,161
-1003 Holiday 104
-1005 Annual Leave 127
-1007 Floating Holiday 10
-1008 Sick Leave 72
-1009 On Call 260
-1015 Service Increment 248
-1017 Other Sick Leave 7
-1019 Workers Comp. 3
-1020 Death Leave 3
-2074 Fringe Benefits 773
Protective Services-Invest. 436-05-00-1001 Salaries Regular 1,962
-1003 Holiday 95
-1005 Annual Leave 115
-1007 Floating Holiday 9
-1008 Sick Leave 65
-1015 Service Increment 226
-1017 Other Sick Leave 7
-1019 Workers Comp 2
-1020 Death Leave 2
-2074 Fringe Benefits 749
Protective Services-Patrol 436-15-00-1001 Salaries Regular 1,035
-1003 Holiday 50
-1005 Annual Leave 61
-1007 Floating Holiday 5
-1008 Sick Leave 35
-1015 Service Increment 4,344
-1017 Other Sick Leave 4
-1019 Workers Comp. 1
-1020 Death Leave' 1
-2074 Fringe BerzFits 2,472
Comm.,Inv. & Gov. Service 438-01-00-1001 Salaries Peguiar 3,250
-1003 Holiday 157
-1005 Annual Leave 191
-1007 Floating Holiday 15
-1008 Sick Leave 108
-1009 On Call 260
-1015 Service Increment 299
-1017 Other Sick Leave 11
-1019 Workers Comp. 4
-1020 Death Leave 4
-2074 Fringe Benefits 1,204
Technical Services-Admin, 439-01-00-1001 Salaries Regular 4,543
-1003 Holiday 220
-1005 Annual Leave 267
-1007 Floating Holiday 21
-1008 Sick Leave 152
-1009 On Call 260
-1015 Service Ire---ers 530
-1017 Other Sic! L'-,N- 16
-1019 Workers CO7'. 5
-1020 Death Leave 5
-2074 Fringe Benefits 1,727
Technical Services-Comm. 439-20-00-1001 Salaries Regular 1,961
& Youth Services -1003 Holiday 95
-1005 Annual Leave 115
-1007 Floating Hol'-'3y 9
-1008 Sick Leave 65
-1015 Service II -r , -lt 180
-1017 Other Sick LE ve 7
TOTAL -0-
Account Number Account Name Amount
439-20-00-1019 Workers Comp. 2
-1020 Death Leave 2
-2074 Fringe Benefits 738
Division
Tech. Services-Comm.
& Youth Services (Con't.)
FINANCE COMMITTEE
#81016 February 19, 1981
Moved by Kasper supported by Doyon the report be accepted and Resolution #81016
be adopted.
AYES: Doyon, Fortino, Gosling, Hobart, Jackson, Kasper, Lanni, Moffitt, Montante,
Moore, Murphy, Olsen, Page, Patterson, Perinoff, Pernick, Peterson, Price, Whitlock,
Wilcox, Aaron, Caddell, Cagney, DiGiovanni. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the report was accepted and
Resolution #81016 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 01016 adopted by the Oakland County Board of
0 9 9 9 ma6s0.6.9“.8,41316941.00..00 eaPf .“00.P.1“..0 5 ,O.O."•1 6.00 1.0 1,44..4,6004 0 .1,..P.a.S
Commissioners at their meeting held on February 19, 1981
ay oam.eeeacoo.asoseele6v0401,e..00.,o,aav.mooetaeoataaaa+64.1990..624..a.atlik efee3 gee,. • go •
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
19th February 81
this .day
By go.yeopoe."osoorp000drovereeno..owyeDeptity Clerk