HomeMy WebLinkAboutResolutions - 1975.12.04 - 14511Miscellaneous Resolution 7378 December 4, 1975
77: PERSONNEL CO tI" - Paul r, Xfl:Ter, Cairman
TN RE: ARRI-TBATHT.Z AWART) - LorAT 1445 COUNCTL NO. 23, AFSC&NF., AFL-CIO
TO THE OATTAND COUNTY 30ATM OF cmNissrol,TRs
Mr. Chairman, Ladies and Centlemen:
WITER7AS in the course of 11gotintion:,-, and -1--diation between the County
of Oak] d. the Oakland County Sheriff, and the Tor] 1445, American Federation.
of State, County, and Mu cipal Employees, ,lurin..2: which process an agreement was
not reached and subsequently, under provisions of the Police-Firefight
Arbitration Act, Act 312, M.C.L.A. 423.239: M.S.A. 17.455, the Union initiated.
binding arbitration proceedings; and
WEREAS on November 25, 1975, the Tripartite Panel, acting under the
provisions of the above-named. Act, issued an award covering 316 Sheriff
Department employees and covering the period January 1, 1975 through December 31,
1977 as to contract language and fringe benefits, and covering the period
January 1, 1975 through December 31, 1976 as to wages only; and
',,JEREAS the Employer and the Union have reviewed and discussed . the
manner of applying Section ITT of the Awar ,:! ,TT.d have reached an agreement to
alter and modify the schedulc, as outlined in said Section ITT on. the basis t h at
said modification will. be more equit able to the individual, employees and will
not result in any additional costs to the Employer over those resulting from
the schedule contained in Section III; and
WITEREAS the Award results in an increased 1975 budgeted salaries cost
of $372,004 and an increased cost of $650 in the clothing allowance costs for
non -uniformed. deputies; and
WHEREAS the above-ramed. Arbitration. Act prescribes the ',Polarity derl,:j:(m
of the nanel to be final and binding as to police classifications on, the pal;:',0
and further permits the parties at any tine to mutually agree to ,:c.1 -ind or
modify the Award,
NOW THEREFORE BE IT RESOLVED that the changes in wages and fringe
benefits, as set forth in the AxbiLration Award, a copy of which is attached
hereto, be promptly implemented with the exception. of Section II
BE IT "FURTHER. RESOLVED Lhar the Mmorandun of Agreement between he
County of Oklzind, the Oakland County Sheriff and Local 1445, American Federati.on
of State, County, and. T-TmnicipA. Employees, modifving Section. III of the
Arbitration Award, be and tbe seine is hereby approved; and that the Chairman,
on behalf of this Board, he hereby authori?,ed to execulte said Memoraodum, n
copy of ,,Thich is attached hereto,
BE IT FlfiIi3iIL TESOfVED that the sum of $322,00/i be nppropriated Crow
the 1975 Thlarles -1.oer-ve. Fund to the Sheriff's Salaries Budget for 1975 to
cover increased budgeted sal anon cots, and that the sum of 3650 be appro?riaLed
from tbe 1975 Salaries Reser'Ja Fond to the Deputies Uniform Expense line item
of the Sheriff's budget.
The Personnel. Committee, by Paul E. Kasper, Chairman, moves the
adoption of the foregoing resolution.
PERSONNEL COMMITTEE
1-(7HIGA`:; EMPLOYMENT PPLATIONS COMISSTON
In the Matter of the Arbitration B1-,ween
OAKLA N D COUNTY SliERIFF'S DEPARTMENT AND
COUNTY OF OAKLAND
and
LOCAL No. 1445, COUNCIL 23, AMERICAN
FEDERATION OF STATE, COUNTY, AND
MUNICIPAL EMPLOYEFS, AFL-CIO
Before a Triparite Panel:
Richard I. Bloch, Esq, Chairman
Robert Johnson, Union-Appointed
Panel Member
Kenneth J. Vinstra, County-Appointed
Panel Member
Appearances;
• For the Union
George M. Maurer, Jr.
Zwerdling, Maurer, Diggs
& Papp - .
For the County
Charles J. Long, Esq.
AWARD
This compulsory arbitration proceeding was conducted
in accordance with Michigan's Compulsory Arbitration Law, Act
312, M.'C.L.A. 423.239: M.S.A. 17.455. A preliminary meeting
was followed by a hearing on May 15, 1975, wherein the parties
set forth the issu6s in dispute. It was agreed at that time
that arguments and supporting evidence would he submitted
to the Panel by brief. This was done, and, in the course of
proceedings, the parties were able to reach accord on the
withdrawal of certain issues and settlement of others. What
follows is the Panel's Award as to all disputed matters.
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AWARD
I. Term of Contract
The contract term shall commence January 1, 1975 and
extend for a period of three years, terminating on December 3,
1977; provided, however, that the Wages set forth herein 'shall
be effective as to the first two years of the Agreement- As
to Wages only, there shall be a re-opener for the final year of
the Agreement.
II. Wages •
The following wage award is applicable to Patrol Officer,
Corrections Officer and Identification Technician I and is -
retroactive to January 1, 1975. Effective January 1, 1975 the
base wage shall be $13,700. The maximum wage shall be $15,900.
As of January 1, 1976 the. base -i4age-shall-be -$14,600 and the
maximum wage $16,800.
III. Detention Officer Rate
Retroactive to January 1, 1975 the Detention Officer
rate shall be $10,200 at the minimum extending to a maximum
of $12,800. Effective January 1, 1976, the base rate shall be
$10,825 and the maximum rate $13,625. As the classification of
Detention Officer I, Medical Detention Officer and Detention
Officer II are now incorporated in the one classification of
Detention Officer, employees in the-deleted classification
will be reclassified as follows: Effective January 1, 1975
employees in the old classification of Detention Officer I and
Medical Detention Officer who are at the base step will be
placed at the base step of Detention Officer:- those in the
old classification of Detention Officer I. Medical Officer
at the one year step will be placed at the one year step
of Detention Officer; those in the old classification of
Detention Officer If at the base step will he place:3 at
the two year step of Detention OFfieer; those in the nIP
classification of Detention Offic e r Il at the one year ste;)
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will be placed in the three year step of Detention Officer.
Effective January 1, 1976 all employees shall be scheduled
to advance to the next annual step of Detention Officer.
In addition, while performing the functions of a Medical
Detention Officer, employees in the class of Detention
Officer will receive a biweekly bonus at the rate of
$500.00 annually.
IV. Identification Technician 11
This classification shall be compensated at a rate of
$500 over the top patrol salary.
V. Patrol Officer Trainee
The starting rate of a. Patrol Officer Trainee shall
• be $12,200, retroactive to January 1, 1975 and $12,500 effective
January 1, 1976. Trainees may achieve, the base Patrol rate no
sooner than six months after entering the classification. If
such rate is not granted at that time, the individual will
be informed as to the reasons underlying the denial. Provided,
however, that such rate shall be granted no later than one
year after entering the classification- it is further provided
that, without regard to when the base Patrol Officer rate is
actually granted, the individual shall receive the oneyear
Patrol Officer rate on the first anniversary following: compljetien
of the probationary period.
1 COnceivably, therefore, the' individual achieving the
starting Patrol Officer rate one year after enterinu the Traine
classification would achieve the one year Patrol Officer rate
six months later, or eighteen months after entering the Trainee
classification. The Panel make -th-is-nward-dn -recognition of
the fact that the Employer should reasonably have more than six
months to evaluate the new officer. To this end, some discretion
is granted with respect to postponing the attainmcr7t of the
Patrol Officer base rate; this, notwithstanding the fact the
probationary period is ovcr in six months... The Panel cils- not
wish to disturb this six mor071-, period, which has been atnblisbcd
via the existing Oakland County Merit System. Neverthelo it
is the Panel's recommendation that the probationary perici be
reviewed with an eye toward exnanding it to one veer i no 1.n7er
p::21-i,Dd will enable the Employer to review more carefully -he
c_.-1ifications of new Li cars cab :cta
precipitous decisions now maiiatc-0
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VI. Retirement Contribution
The Union's request that the County assume a portion
of the contributions is denied.
VII. Other Classifications
The Panel declines to rule on the existing uestion of -
whether these classifications are subject to Act 312. However,
with respect to the classifications of First Cook, Second Cook,
Counter Clerk, Typist I, Typist II, and Cook III, the Panel
recommends that wage rates be established with specific
reference to similarly ..situated classifications under the Oakland
County Merit System. The Panel further recommends that the
communications officer (formally entitled Teletype and Radio
Dispatcher) be granted a wage increase of 9 and 1/2% and,
additionally, that the County assume the 6% retirement contribution.
VIII. Life Insurance
The Union's request for additional coverage is denied.
IX. Income Continuation
Presently, when an employee has a continuing illness.
which extends over a period equaling 8-0'?i of the total number
of sick days the employee would have accumulated under the
existing sick leave plan since date of hire, that individual
is eligible for income continuation under a fixed schedule.
It is agreed that,. effective immediately., the waiting period
of 80% is reduced to 70%.
X. Dental Plan
It is agreed that a fully paid family dental insurance
plan shall be installed / effective January 1, 1976,
XI. Clothing and Cleaning Allowance.
The County's offer is adopted with respect to unifOT:med
officers. Non-uniformed officers bil receive $250,00 for 1975
and $275.00 for 1976.
XTT. Shift Premium
The Union's reuest for s':-j.ft premium$ is denied ,
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November 11, 1975
Richard I. Bloch, Chairman -----
Robert
union-A.Dnprtp.(1
(conc ,..Irring)
Panel
XIII, Transfer Rate Changes
The Union's request in this regard is denied.
XIV. Holiday
The Union's request for an additional holiday is
denied.
XV. Arbitration Clause
The finding being that the existing grievance procedure
is satisfactory and equitable, the Panel denies the Union's
request for modification.
XVI. Annual Leave Accumulation
The Union's request in this regard is denied.
XVII. Optical Insurance
The Union's request in this regard is denied.
XVIII. The Employer's request for modification of the existing.
sick leave .plan is denied. -
XIX. The Employer's request for modification of the final
average salary computation is denied.
XX. Longevity
The Employer's request to. modify the existing longevity'
payment schedule is denied.
U ernnth J. .• • • 1:- a
Cnr.nt yApnnInLed 1,1) 7,- - r
MEMORANDUM OF AGREEMENT
THIS MEMORANDUM OF AGREEMENT executed this day of
December, 1975, by and between the OAKLAND COUNTY SHERIFF'S DEPART=
and COUNTY OF OAKLAND, and LOCAL NO. 1445, Council 23, American Federation
of State, County, and Municipal Employees, AFL-CIO:
WHEREAS, on November 25, 1975, the Tripartite Panel acting under the
provisions of the Police-Firefighters Arbitration Act, Act 312,
M.C.L.A. 423.239: M.S.A. 17.455, issued an Award, which Award stated
in Section III, page 2, entitled "DETENTION OFFICER RATE", as follows:
"Retroactive to January 1, 1975 the Detention Officer
rate shall be $10,200 at the minimum extending to a maximum
of $12,300. Effective January 1, 1976, the base rate . shall be
$10,825 and the maximum rate $13,625. As the classification of
Detention Officer I, Yedical . Detention Officer and Detention
Officer II are now incorporated in the one classification of
Detention Officer, employees in the deleted classification
will be reclassified as follows: Effective January. 1, 1975
employees in the old classification of Detention Officer I and
Medical Detention Officer who are at the base step will be
placed at the base step of Detention Officer; those in the
old classification of Detention Officer I, Medical Officer
at the one year step will be placed at the one year step
of Detention Officer; 'those in the old classification of
Detention Officer II at the base step will be placed at
the two year step of Detention Officer; those ..in the old
classification of Detention Officer U at the one year -step •
will be placed in the three year step of Detention Officer. -
Effective January 1, 1976 all employees shall be scheduled
to advance to the next annual step of Detention Officer
In addition, while performing the functions of a Medical
Detention Officer, employees in the class of Detention
Officer will receive a biweekly bonus at the rate of
$500-00 annually."
AND WHEREAS, the Employer and the UniOn-have reviewe-d and discussed the
manner of applying the wage rate steps of the combined classifications to the
wage rates of the individual employees now in the affected classifications and
have agreed to alter and modify the schedule as outlined in said Section III,
11,066
11,066 + 500
11,066 + 500
11,933
11,933
11,933 + 500
12,800
12,691
12,691 + 500
12,691 + 500
13,625
13,625
13,625
13,625
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on the basis that said modification will be more equitable -t6 -the indiVidual
employees; and such agreement is as follows:,
NOW THEREFORE IT IS AGREED BETWEEN THE PARTIES that the placement . of
the individual employees affected by combining the Detention, Officer I,
Detention Officer II, and Medical Detention Officer classifications into
classification designated as Detention Officer, into the relative
positions in the wage scale of the new classification at the increased new
. classification rate, shall be as follows;
YEAR
OF HIRE
1975
1974
PRESENT JAN. I, 1975 -
RATE DEC. 31, 1975
Detention Officer I 9,000 10,200
Detention Officer I 9,000 10,200
9,500 10,200
Medical Detention Officer 9,500 10,200
JAN. 1, 1976 -
DEC. 31, 1976
10,825
11,738
11,758
11,758
PRESENT
CLASSIFICATION
1973 Detention Officer I 9,500
Detention Officer II 10,000
10,500
1972 Detention Officer I 9,500
Medical Detention Officer 10,000
Detention Officer II 10,500
1971 Detention Officer II 10,500
or prior
AMERICAN FEDERATION OF STATE,
COUNTY AND MUNICIPAL EMPLOYEES
LOCAL 1445, AFL-CIO
OAKLAND COUNTY SHERIFF
Johannes Spreen, Sheriff
COUNTY OF OAKLAND, A Michigan
Constitutional Corporation. .
By
Fred D. Houghten, Chairman
Board of Commissioners
Daniel T. Murphy
Oakland County Executive-
#7 3 78 December 4, 1975
Moved by Kasper supported by Fortino the resolution be adopted.
AYES: Perinoff, Pernick, Price, Roth, Simmons, Wilcox, Wilson, Aaron, Button,
Daly, Dearborn, Dunleavy, Fortino, Houghten, Kasper, Lennon, McDonald, Moffitt, Nowak,
Olson. (20)
NAYS: Patterson, Gabler, Hoot, Page. (4)
A sufficient majority having voted therefor, the resolution was adopted.
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lynn D. Allen, Clerk of the County of Oakland and
having a seal, do her.,-,--Dy certify that I have compared the annexed copy of
.. R.MAitiqQA7.3.7AP:3013 P9$1. . . cbc . (m10.gul county Boa . 9f . Cc"mi s sic'ners . a t ..
.. th9 .. r . 1.119, .h.e.l.d . . .... .
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... 5th day of. DeeMIW
Lynn D, Allen Clerk
By Deputy Clerk
-op ..........