HomeMy WebLinkAboutResolutions - 1973.12.20 - 15413vak, (,:lernber,
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December 20, 1973
Miscellaneous Resolution 6515
: Mr. Nowak
BY: PERSONN FL PRACTICES COMMITTEE - MtnrWxDoutiw:kai ,varctcr
IN RE: LABOR CONTRACT FOR MAINTENANCE EMPLOYEES OF THE OAKLAND
COUNTY PARKS AND RECREATION COMMISSION (Effective Dates
November 10, 1973 - December 31, 1974)
To THE OAKLAND COUNTY 50ARD OF COMMISSIONERS
Mr. Chairman, Ladies and Gentlemen;
WHEREAS the Oakland County Parks and Recreation Commission, the
County of Oakland, the 11-mer.iber Maintenance Unit of the Oakland County
Parks and Recreation Commission and Local 1998 of the American Federation
of State, County and Municipal Employees, AFL-CIO, have been negotiating
a contract covering certain employees of the Parks and Recreation Commission;
and
WHEREAS an agreement for the period of November 10, 1973 through
December 31, 1974 has been reached and reduced to writing; and
WHEREAS the Parks and Recreation Commission positions are nor-budgeted
and the estimated increased 1973 cost of S744 and the efti-,:'ted increased 1974
cost of $7,559 necessary to fund this agreement will be derived from other than
budgeted sources; and
WHEREAS said Agreement has been reviewed by your Personnel Practices
Committee which recommends approval of the Agreement;
NOW THEREFORE BE IT RESOLVED that the Agreement between the
County of Oakland County Parks and Recreation Commission, the Maintenance
Employees of the Parks and Recreation Commission and Local 1996, American
Federation of State, County and Municipal Employees, AFL-C10, be and the same
is hereby approved; and that the Chairman and Clerk of this Board, on behalf of
the County of Oakland, be and they are hereby aothorized to execute said Agree-
menf, a copy of which is attached hereto.,
: Patrick . The Personnel Practices Committee, by Ma.r.y‹.)M.xxbeau
moves the adoption of the forearm:;
PERSONNEL PRACTICES COMMITTEE
Pat r
OF OAT•a
AND
THE AMERICAN FEDERATT07,7 OF STATE , PCITINTY
AND MUNICIPAL EMTLOYE7ZS, AFT,CTO CCNCT.T.- 23
MAI1TEW.:X17. 7.'XT.O7EF5
OF THE OAKLAND COUNTY
Collective Bargainln
1973 - 1974
AGREEMENT
This agreement is made and Ontered into on this ,
day of AD. 1973, by and !between the Oakland County
Parks and Recreation Commission and the Oakland County Board of
Comrissioners, hereinafter referred to: collectively as the "Employer",
and 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 part -Les 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.
T. RECOGNITION
The Employer recognizes the Union as the exclusive representative
of the following employees, for the purposes of collective bargaining
with respect to rates of pay, wages, hours of employment and 0ther
terms and conditions of t, an d in the
units for which they have been certified; and in which the Union is
recognized as collective bargaining relir ,:.-tive, subject to and in
accordance with the pro ,
as amended:
Ftnue. of Act 336 of the Public Acts of 1947,
All General Mai.:,tcz.onoe Mectinics P & R, Grounds
Equipment Mechann red l'fintenaPre Aides
employed by the Oakland County Perks and Recreation
Commission, but excluding supervisors and all other
employees
The right to hire, prom dische3rge or discipline for 1 -
be discriminated against as such. !addition, the work echo
II. MANAGEMENT RESPn\-c --
cause, and to maintain discipline and efficiency of emplc-feen, is the
sole responsibility of the Employer except that Union shall not
C,
methods and meanh of dopnrtmontal opFrtir ,; are solely and excls -Ivsly
the responsibility of the Employer, subject, however, to the provisiona
of this agreement.
III. DUES CHECKOFF
(a) The Employer agrees to deduct the union membership
initiation fee and dues, once each month, from the pay of those employ:,c ,
who individually authorize in that such deductions he made.
All authorizations delivered to the F:m::-!oyer 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 sba31
be remitted together with an itemizH statem ent to the local treasurer,
within fourteen (14) daye, after the •!Jleductions have been made.
(b) An employee shall to be subject to chock-off
deductions beginning with the liately following the month in
which he is no longer a member of the 1:-..-2.7:1 -hinz unit, Any employee may
voluntarily cancel or rt2voke the fL .,Titioh for Check-off ded uction
upon written notice to the Employor cad the Union during the fifteen (15)
day period prior to the expiration =te of the agreement.
(c) The Union will protect and save 1-,armless the Employer
from any and all claim s , d :ts and other forms of liability
by reason of action taken by the Employer for the purpose of complying
with this section.
(2)
their supervisor upon refl g from :a grievance discussion.
IV. REPRESENTATION
Section l
The members of all Union copiRittees recognized by the Employer
for purposes of collective bargaining . shell 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 07 the present
composition of the bargaining unit. 1
Section 4
(a) There shall be a Chief Steward and an alternate Chief
Steward representing all employees cOvered by this agreement, one of
which shall be from Addison-Oaks Park. During the term of this
agreement and due to the fact that (,ddison-Onks Park is geographically
distant from the other County parks, the alternate Chief Steward shall
perform all the duties and functions of a steward.
(b) Stewards will be permitted to leave their work, after
obtaining approval of their respt,ctive 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, rds will report their time to
(3)
will pot
ohs
The privilege of stewards to leave their work during
hours, without loss of pay, is extod with the understanding that the
time will be devoted to the prompt brmdling of grievances
be abused, and that they will continne to work at their a.e
at all times except when permitted td leave their work to hancre
grievances.
Section 5
There shall be a grievance 'committee consisting of two
representatives to be selected by the Union who shall be any two of
the following: Chapter Chairman, Chief Steward, or Alternate Chief
Steward, The Employer shall meet whenever necessary,. at a mutually
convenient time, with the Union gricVance 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 tho attention of his immediate supervisor,
with or without his steward, and an attempt will be made to resolve
the grievance informally. In the ev6nr the steward is called he shall
be released from his 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 mOct simultaneously in an attempt
to resolve the matter. Din7issais, Svavqisioru.4, 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 l 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 super or within five days. The
written grievance must be signed by the employee and his steward
and receipt acknowledge 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 griev=ce 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
grievances 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 nppeal 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
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
(6)
VL SENIORITY
New Employees may :., q•i7e seniority by working six (6)
continuous months (refer to Rule 7 - Probationary Period, Oakland
County 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
in the department as described in Pnie22 of the Oakland County Merit
System Handbook. When the employee acquires seniority, his namc-, 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.
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;
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 no't return to work at the end of
an approved leave;
(e) If the employee does not return to work when recalled
from a layoff.
VII. LAYOFF AND RECALL
If an when it be cones necessary for the Employer to reduce
the number of employees in the work force, the employees will be laid
off in bargaining unit seniority orderk based on capability of performing
available jobs and shall be recalled in the inverse order (refer to
(c)
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 emnloyer 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 meetin g
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
VThen any position not listedlon 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 request 4 meeting of the special conference
committee to discuss the matter.
X. TEMPORARY MANCE OP
In those cases in which the temporary assignment includes
taking over the ultimate responsibility inherent in the higher level
(8)
job, and in which the employee working in the temporary assignment has
qualified for the highcr level classification by taking and passing
the promotional Merit System examination for that classification; 3nd.
in which the temporary assignment is f0 - 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 court 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 whi(h 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
In each park the Employer shall assign a bulletin boi9rd
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 appoincrts 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.
of this agreement.
Section 3
In the event that any other represented unit negotia
a contract with the County of Oaidard Op P any form of union
security, the same right will automatiCally be given to the unit
covered under this agreement.
Section 4
Special conferences for imp° tart matters may be arma
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 eMployee representatives of the
Union and the Staff Representative, iflso desired. 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 inclumied 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 th.,:rei s.1.1 be no discrimination
against any employee by reason of race:, creed, color, sex, or national
origin. The Employer will not disorl -.7 4 -c against any member of the
bargaining unit by reason of membership in the Unlon.
Section 6
Wages, hon and conditions of emp7::yment legally in effect
at the execution of this agrecncht sha!ll, except as improved herein,
be maintained during the term of this lagremet. No Employee shall
cc of the execution suffer a reduction in such benefits as a
to oval
of the Employer and the Council Internatic=1 Union. They
cut of a work stnyersge or other
tc.ly lastrHot the iraulved employees
that all such persons shall ately cease the offending, conduct.
Section
All supplemental agrocmauta sbp-,Jil be
shall be approved or rejected within 4 period of thirty (30) days
following the date of the agreercnt between the parties.
XII. ADOPTION BY RE7777O7 -7T.7-y7T
RESOLUTIONS AND Pv.R
All resolutions of the (UI County Board of Commissioner's,
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 pqrties 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 STRUT - NO LOCKOUT
Under no eitenmeteuaes 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, sito.,m, stay-in or slowdown or any
violation of any State law,
curtailment, the Union shall
in writing, that their conduct is in violation of the contract and
The Employer will net lockout any employees of the bargaining
unit during the term of this agreement.
(11)
the jurisdiction of the County of Oali7 If ccv terms shall be
XV. DURATION
Section. 1 - Duration of
This agreement shall rem'ns.jn full ferco and effect from
November 10, 1973, to midnight, Deaem 31, 1974. It shall be
automatically renewed from year to year thereafter unless either party
shall notify the other, in writing, sixty (60) 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 sixty (60) days prior to the anniversary date. This agreem.ent
shall remain in full force and be effective during the peri o d of
negotiations and until notice of termination of this agreement is
provided to the other party in the mahner 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 ten (10) days prior to the desir',1,d termination date which shall
not be before the anniversary date sac forth in the preceding pareraph-
It is agreed end urderstre.i tet 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
Seve
considered in violation of applicable statutes or ordinances, then
upon the request of either Tr.lr'y the :.-7o.ye.r end Union shall moet
to review the affected contr a ct previsn or provisions.
(12)
Ronald A. Strevel Lynn D. Allen, Clerk of its
Board of Commissioners
Section 3 - Ratification
The Union agrees to submit this agreement promptly to the
employees of the bargaining unit coveted 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 STATF,
COUNTY AND MUNICIPAL EMPLOYEES,
AFL-CIO, METROPOLITAN COUNCIL
NO 23, LOCAL 1998
By
Byron E. DeLong, Council 23
Staff Representative;
OAKLAND COUNTY PARKS AND RECREATION
COMMISSION
Frances P. Clark, Chairperson
COUNTY OF OAKLAND, a Michigan
Constitutional Corporation.
obannes citing; and
By
Paul E. Kasper, Chairman; and
(13 )
SALARIES
during t
PARKS AND 7,E.7.17ATION 7 11.?A7.TMENT
The following merit salary schedule shall prevail
term of this collective bargaining agreement:
NOVEMBER 10, 1973 =OUCH DE.77= 31,! 1973
CLASSIFICATION EASE I YEAR 2 NEAPS
General Maintenance Mechanic - P & R 9,225 9,720 10,214
Grounds Equipment Mechanic 9,225 • 9,720 10,214
Parks Maintenance Aide 5,182 8,677 9,171
JANUARY 1 1974 THROUGH DECEMBER 31, 1974
CLASSIFICATION BASE 1 YEAR 2 YEARS
General Maintenance Mechanic - P & R 9,603 10,119 10,633
Grounds Equipment Mechanic 9,603 10,119 10,633
Parks Maintenance Aide 8,517 9,033 9,547
NOTE: Under the above salary schedule, certain employees have been
reclassified from classes having three (3) year ranges to
the classes shown shove which have two (2) year ranges
Per the understanding reached during negotiations and because
of the aforcfmentionac', reclassifications, present cmplcyces in
the classifications of General Maintenance Mechanic - P & R
and Parks Maintenance Aide will be placed at forced rates
until they reach the maximum of their respective salary
schedules
FEAT ION DE
AGREEM
PARK
MA7NT:-
'VV.!
IT
For the following fringe benefits refer to the
County Emnloyee' Handbook;
1. Injury on the job
2. Holidays
3. Leave of Absence
4. Life Insurance
5. Longevity
6. Hospitalization, Medical and Master Medical insurance
7. Sick Leave
8. Retirement
9, Annual Leave
11
For the second year of the!contract which commences on
January 1, 1974, the County agrees to institute one of the following
three (3) fringe benefits, the selection to be made by the County of
Oakland, at an expense npproximatelycomTarable to the 1972 cost of
the difference between present Blue 1-17ressiBlee Shield MV17-1 coverage
and Blue Cross/Blue Shield MVF-2 coverage.
Either - Improved Hospitalization Insurnnce
or - Sick and Accident'Income Protection insurance
or - Additional Life Insurance coverage
#6515
Moved by Nowak supported by Berman the resolution be adopted.
, AYES: Richardson, Walker, Wilcox, Berman, Brotherton, Button, Coy,
Dunleavy, Hobart, Houghten, Kasper, Mathews, Montante, Nowak, Patnales,
Perinoff. (16)
NAYS: None. (0)
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 hereby certify that I have compared the annexed copy of
" Resolution #6515 adopted by the OaklandI County Board of Commissioners
n•••••••••••••6 0 .60 .0 •029**.isee•••••••••••••••..000,00eoeemeei•••••eatt•eeeekee
at their December 20, 1973 meeting
eo •.0 00se•e •n •••••••006•00.000teme00•••••.+0•060.9••••••••eeeea • em 00 0 0.040,0 of
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 10,10• 21st
•••epeer • ee .00.
Dec. 73 ..day Of6.660p0a0efeeqpieeei94-006
BY *,04,•*-00000 0 000:o0e00000•00 ....... Deputy Clerk