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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. -2- 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;) -3- 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 -4 - 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 , -5- 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 -2-- 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 ..........