HomeMy WebLinkAboutResolutions - 1972.02.03 - 15705February 3, 1972
REPORT
By Mr. Mainland
IN RE: LABOR CONTRACT FOR CUSTODIAL, GROUNDS AND MAINTENANCE EMPLOYEES
OF THE FACILITIES AND OPERATIONS DIVISION OF THE OAKLAND COUNTY BOARD
OF AUDITORS FOR 1972 - RESOLUTION #5905
To the Oakland County Board of Commissioners
Mr. Chairman, Ladies and Gentlemen:
Mr. William L. Mainland, Chairman of the Personnel practices
Committee, reports Miscellaneous Resolution #5905 with the recommendation
the resolution be adopted.
Miscellaneous Resolution No. 5905 January 20, 1972
BY: PERSONNEL PRACTICES COMMITTEE - Mr. Mainland
IN RE: 1972 LABOR CONTRACT FOR CUSTODIAL, GROUNDS AND MAINTENANCE
EMPLOYEES OF THE FACILITIES AND OPERATIONS DIVISION OF THE
OAKLAND COUNTY BOARD OF AUDITORS
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairman, Ladies and Gentlemen:
WHEREAS the County of Oakland, the Custodial, Grounds and Maintenance
Employees of the Facilities and Operations Division of the Oakland County Board of
Auditors and Local 1998, American Federation of State, County and Municipal
Employees, AFL-CIO, have been negotiating a Contract covering certain employees
of this Division; and
WHEREAS an Agreement has been reached and reduced to writing; 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, the Custodial, Grounds and Maintenance Employees of the Facilities and
Operations Division of the Oakland County Board of Auditors and Local 1998, American
Federation of State, County and Municipal Employees, AFL-CIO, 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 authorized to execute said Agreement, a copy of
which is attached hereto.
The Personnel Practices Committee, by William L. Mainland, Chairman, moves the
adoption of the foregoing resolution.
PERSONNEL PRACTICES COMMITTEE
The resolution was referred to the Finance Committee. There were no objections.
1,171. 17?..Tr7
THE COUNTY OF OAKLAND
THE AMERICAN TTUCEUN3N OF c"r"" COUNTY
AND ITNICIPAL -2.7'7L.T-277 :3 AFT -CTO COUNCIL 23
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MATYTTNO7, CFOTCDIA:
OF THE FACILITIES 2= OP=ATIONS DIVTSI•07 THE OF AUDITORS
Collective Bargpinina ement
1972
AGREEMEN
This agreement is made and entered into on this
day of , A.D., 1972, by and between the Oakland County
Board of Auditors and the Oakland County Board of Commissioners, herein-
after 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 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 representative
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 whicl
bargaining representative, subject to
of Act 336 of the Public Acts of 1947,
the Union is recognized as collective
and in accordance with the provisions
as amended:
All employees of the Buildirt Custodial,
Maintenance and Grounds units of the
Facilities and Operations Division of the
Board of Auditors excluding ;,supervisors
and office employees compriSing clerical,
secretarial and confidential employees.
II. 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.
DUES CHECK-OFF
(a) The Employer agrees to deduct the union membership initi-
ation 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 expiration date of the agreement.
(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.
(2)
IV. REPRESENTATION
Section 1
The members of all Union committees recognized by the Employer
for purposes of collective bargaining
in the bargaining unit.
Section 2
The names of all such commi
writing to the Employer by the Union
a recognized committee.
Section 3
shall have to be seniority employees
ee members shall be submitted in
Ton election or appointment to
The Employer agrees to recognize a bargaining committee which
shall be composed of not more than fo
position of the bargaining unit.
Section 4
r (4) based on the present com-
There shall be stewards and . alternate stewards in accordance
with the following formula:
(a) The Maintenance employees shall he represented by one (1)
steward and one (i) alternate steward.
(b) The Grounds employees shall be represented by one (1)
steward and one (1) alternate steward.
(c) The Custodial employees shall be represented by one (1)
steward and one (1) alternate steward for the day shift; one (1) steward
and one (1) alternate steward for theH afternoon shift - North County
(employees working in buildings located north of Birmingham); one (1)
steward and one (1) alternate steward for the afternoon shift - South
County (employees working in buildings located in or south of Birmingham).
Stewards will be permitted to leave their work, after obtaining
(3)
approval of their respective supervisOrs and recording their time,
for the purposes of adjusting grievanCas 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..
The privilege of stewards t0 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, eave their work to handle
grievances.
Section 5
There shall also be one Chief Steward and one alternate Chief
Steward representing all employees covered by this agreement.
Section 6
There shall be a grievance committee consisting of the Chief
Steward and two other members 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.
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 immndiate supervisor, who shall attempt
to resolve the grievance informally. Dismissals, suspensions, demotions
(4)
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.
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,
a meeting on the problem shall take place between the grievant,
the steward and the Immediate supervisor. in the event that the
Union is dissatisfied with the results of the meeting, the Union
shall have the right to submit .awritten grievance on the
complaint to the immediate supervisor within three days. The
written grievance must be signeaHby 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, Snnday 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:,
(5)
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.
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 agree-
ment, 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 appeal commencing with
the expiration of the grace period for answering.
Section3
All specified time limits hr2t7.-in shall consist only of County
work days Monday through Friday.
(6)
Section 4
Each grievance shall have to be initiated within three (3) 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 three (3) 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
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.
An employee shall lose his Seniority for the following reasons:
(a) If the employee resign S 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.
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
unit seniority order (maintenance, custodial and grounds are to be
considered separate units), 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 Ifor 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
(8)
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 a meeting of the Special conference committee to
discuss the matter.
X. TENPORARY 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 I
Employees elected to any perManent full time Union office or
selected by the Union to do work whichLtakes then from their employment
with the County, shall at the written request of the Union be granted a
leave of absence without pay. The leae 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 any building where there are three or more permanently
assigned employees represented by this bargaining group, the Employer shall
assign a locked bulletin board which shall be used by the Union for post-
ing 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;
(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 impo
a mutually convenient time between the
tant matters may be arranged at
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 three employee representatives of the Union and the
Staff Representative, if so 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 included in the agenda. The members of the Union shall not
lose time or pay for time spent in such special conferences,
(1 0)
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.
Section 6
Wages, hours and conditions of employment legally in effect at
the execution of this agreement shall, except as improved herein, be main-
tained 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 thirty (30) 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.
(1 1)
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
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 ofthe 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 until mid-
night, December 31, 1_972, 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 (60) days prior to the anniversary date.
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 agree-
ment, written notice must be given to the other party no less than ten
days prior to the desired terrAnation. date which shall not be before
the anniversary date set forth in the preceding paragraph.
OAKLAND COUNTY BOARD OF ApITORS
COUNTY OF OAKLAND, a'ichigan
ConsVitu“.oral Corporat
,e,e2
:bairman;
. Allen, Clerk or its
ard of Commissioners
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.
Section 3 - Ratification
The Union agrees to submit this agreement promptly to the
employees of the bargaining unit covered by this agreement for ratifi-
cation 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
FACILITIES AND OPERATIONS
MAINTENANCE, CUSTODIAL AND GROUNDS AGREEMENT
APPENDIX A 1
SALARIES
The following merit salary schedule shall prevail for the
period January 1, 1972, through December 31, 1972:
Classification Base . 1 Year 2 Years
Custodial Worker III 7,988 8,198 8,408
Traveling Crew Cust. Worker 7,988 8,198 8,408
Mobil Unit Custodial Worker 7,988 8,198 8,408
Custodial Worker II 7,3041 7,515 7,725
Custodial Worker 1 6,2531 6,569 6,884
Building Operations Leader 11,246 Flat Rate
Master Maintenance Mechanic 11,246 Flat Rate
Building Operations Technician 9,722 1 10,195 10,668
Central Stock Man 9,722! 10,195 10,668
Senior Maintenance Mechanic 9,722 10495 10,668
Window Washer Crew Leader 10,090 Flat Rate
General Maintenance Mechanic 8,8281 9,301 9,774
Window Washer 8,828 9,301 9,774
Incinerator Operator 7,830 8,303 8,776
Maintenance Mechanic Aide 7,8301 8,303 8,776
Maintenance Laborer 7,4621 7,935 8,408
Groundskeeper Crew Chief 9,617 10,142
Grounds Equipment Mechanic 8,828 9,301 9,774
Groundskeeper 11 8,408 8,881 9,354
Groundskeeper 1 7,462 7,935 8,408
FACILITIES AND OPERATIONS
MAINTENANCE, CUSTODIAL AND GROUNDS AGREEMENT
APPENDIX B
For the following fringe benefits refer to the Oakland County
Employee's 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
BOARD MEMBERS
JOHN WITHERLIP
PERSONNEL 1:3REcTorr
DANIEL T. MURPHY
CHAIRMAN
ROBERT E. LILLY
VICE CHAIRmAN
GEORGE J. FULKERSON
MEMBER
January 20, 1972
OAJKLAND COUNTY BOARD OF AUDITORS
OAKLAND COUNTY COURT HOUSE
1200 NORTH TELEORAPH .RoAn
PONTIAC, MICHIGAN 148053
PHONE 336-4751!
Mr. Byron DeLong
Staff Representative
AFSC&ME, Council 23
2345 Cass
Detroit, Michigan 48201
RE: Letter of Understanding - Policies on! Maternity Cases
Dear Mr. DeLong:
During the recent collective bargaining negotiations between
Local 1998, Council 23, of the American Federation of State, County and
Municipal Employees, and the County of Oakland, there was considerable
discussion between the parties pertaining to any revision in policies
pertaining to the treatment of maternity cases.
The discussions resulted in an understanding between the parties
to the effect that any revisions in policies pertaining to the treatment
of maternity cases as set forth in the Oakland County Merit System Rules
shall be applied to Custodial, Maintenance and Grounds employees.
Upon any revisions set forth in the Oakland County Merit System
Rules, this letter of understanding shall terminate on the date any such
changes are officially adopted.
Sincerely,
Kenneth J. Wnstra
Chief of Labor Relations
and Classification
KJV:sdm
—
awrence R. Pernick, Chairman
February 3, 1972 REPORT OF FINANCE COMMITTEE
4xMxxxMaiAAsoul
xeNxxaINIANICE(;CADAAM(15Maxxxxktomsties4P419(ftmitiay(kttfaimvsAxx
IN RE: MISC. RES. #5905 - 1972 LABOR CONTRACT FOR CUSTODIAL,
GROUNDS AND MAINTENANCE EMPLOYEES OF THE FACILITIES
AND OPERATIONS DIVISION OF THE OAKLAND COUNTY
BOARD OF AUDITORS
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr„ Chairman, Ladies and Gentlemen:
Pursuant to Rule XI,C of this Board, the Finance Committee approves
the funding of the 1972 labor contract for thel Maintenance, Custodial and
Grounds Employees through the departmental operating budgets.
FINANCE COMMITTEE
Moved by Mainland supported by Aaron that Resolution #5905
be adoptecL
. AYES: Kasper, Kronenberg, Lennon, Mainland, Mathews, Olson,
PahoIak, Patnales, Perinoff, •Perni.ck;. Powell, Simson, Szabo,
Aaron, Barakat, Burley, Coy, "Daly, Doon, Harrison. (20)
NAYS: None. (0) '
A sufficient majority having voted therefor, the resolution
was adopted.
0 •
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
•. 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 #5905 adopted by the Oakland County Board of Commissioners
Ome009.yeeeR 000000 00000000 OM 0000000000 11.0"00... 0000000 ..e0soao*Ooeibeeoes.w .
' at their February 3, 1972 meeting
000 000 • ....................... .1.4 n 00..60"..evoleags,ome•-so
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
4th i2 this........ ..... ....•....day of Februar ..19... •ne"..“—Dos4ama
Ly nn D. Allen ...... ........
By ..... .......... ........... .. ..
Deputy Clerk