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HomeMy WebLinkAboutResolutions - 1972.01.20 - 15748REPORT By Mr, Mainland IN RE: MISCELLANEOUS RESOLUTION #5892 - PROBATE COURT CASEWORKERS 1972 LABOR CONTRACT To the Oakland County Board of Commissioners Mr. Chairman, Ladies and Gentlemen: The Personnel Practices Committee, by Mr. William L. Mainland, Chairman, reports Resolution #5892 with the recommendation that the resolution be adopted. 1 14 i WILLIAM L. MAI-NCAND---,('XI‘RiMiltsi.: 5892 December 30, 1971 MISC. RESOLUTION NO. IN RE: PROBATE COURT CASEWORKERS 1972 LABOR CONTRACT BY: PERSONNEL PRACTICES COMMITTEE - Mr. Mainland TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairman, Ladies and Gentlemen: WHEREAS, the Oakland County Probate Court, the County of Oakland, and the Caseworker Employees of the Oakland County Probate Court represented by Local 1998, American Federation of State, County and Municipal Employees, AFL-CIO, have been negotiating a Contract covering certain employees in the Oakland County Probate Court, 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 Oakland County Probate Court, the County of Oakland, and the Caseworker Employees of the Oakland County Probate Court represented by 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. Mr. Chairman, on behalf of the Personnel Practices Committee, I move the adoption of the foregoing resolution. PERSONNEL PRACTICES COMMITTEE The resolution was referred to the Finance Committee. There were no objections. awre-nce-R-.—Pernick, -a-airmaii January 20, 1972 REPORT BY: FINANCE COMMITTEE IN RE: MISCELLANEOUS RESOLUTION #5892 - PROBATE COURT CASEWORKERS 1972 LABOR CONTRACT TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairman, Ladies and Gentlemen: Pursuant to Rule XI, C of this Board, the Finance Committee finds the sum of $30,203,00 available as follows: Transferring $26,770 from the Summer Employment Fund to Probate- Juvenile Court and transferring $3,433 to Children's Village from the Summer Employment Fund. FINANCE COMMITTEE • =2, THE OAKLAND COUNTY PROBATE COURT AND THE COUNTY OF OAKLAND AND THE AMERICAN FEDERATION OF STATE, COUNTY AND NITICIPAL EMPLOYEES, AFL-CIO COUNCIL 23 PROBATE COURT CASEWORKER 7MPLOYEES Collective P.::3gaining Agreement 1972 operation are s exclusivelT the responsibility of the FTsployer CASEWORKER • AGREEMENT This agrelTent is made and entered into on this day of , A.D., 1972, by and between — The Oakland c .t7,ty Probate Court and the Oakland County Board of Commissioners, hereinafter referred to collectively as the "Employer", and Local 1998, American FedoYotion of State, County and Municipal Employees, AFT,-CTO, herei .softsr r,:..rtP.1 to as the "Union". It is the desire of both parties to this agrement to continue to work harmon- iously and to promote and 'maintain high standards, between the Employer and emp.eyees, which will best serve the citizens of Oakland County. 1:;11.TION The Employ-T recognizes the Union as the exclusive repre- sentative of the Ces ,-, eyess of the Oakland County Probate Court, for the purposes of collect ia harzeining with respect to r!"7.7 of pay, wages, hours of • .elo;mort se-j other terms and conditions of employment, in the foll owing bargaining unit for which they have been certified, and in which the Union is recognized as collective bargaining representative, subject to and in acinso with the provisions of Act 336 of the Public Acts of 1947, as OTCr l. ss of the Oakland County Court; excluding ccnfidential es, profes -sicael aploYees, .end 51.:oer,.isors. The right to hire, promote, discharge or discipline, and to maintain discipline and efficiency of employees, is the sole responsibility of the Employer except 01.31: T shall not be discriminated against as such. In addition, the work schaduls, methods and means of departmental subject, however to the provisions of this agreement. (1) 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 state- ment 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 de- ductions beginning with the month imm ,7d7rntely following the month in which he is no longer a :7?-11;er of the bargaining unit. Any employee may voluntarily cancel or revoke the Authorization for Check-off de- duction upon written notice to the Employer and the Union during the fifteen (15) day period prior to the clTqration date of the agreement. (c) The Union will protect and save harmless the Employer from any and all claims, demands, suits and o!ther forms of liability by reason of action taken by the Employer for the purpose of complying with this section. IV. BASS OF R7717 Section I. There shall be one steward and one alternate steward. Stewards will be permitted to leave their work, after obtaining approval of their respective 5 ,Tervisors and recording their time, for the purpose of adjusting grievances in accordance with the grievance procedure and for 747crtin.R to the grievant a change in status of his grievance. Permission for stewards to leave their work stations will not be mareasoably withheld. Stewards will ;,TTON (2) 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 times except when permitted to leave their work to handle grievances. Section 2. There shall also be one Chief Steward and one alternate Chief Steward. Section 3. There shall be a grievance Committee consisting of the Local president, the chief steward and two other members to be selected from the represented group 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 addition, 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 his immediate super- visor, with or without his steward, who shall attempt to resolve the grievance Informally. Dismissals ,., suspensions, demotions and disciplinary actions of any type shall not be a subject for the (3) grievance procedure but shall be processed accorc,Ag to the procedures of the Personnel Appeal Board. Step 1. If the grievance is not settled informally, it shall be discussed with the appropriate steward and shall be reduced to writing, signed by the grievant and submitted to hi S immediate supervisor. The written grievance shall be discussed between the steward end the immediate supervisor, and the Chief! Steward if so desired. The supervisor 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. 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 immediate supervisor's 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. 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. (4) 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 agreement of the parties. VI. BULLETIN BOARD The Employer shall assign appropriate space on bulletin boards 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 appointments and results of Union elections; (d) Notices of Union Meet (e) Other notices of bol*fide Union affairs which are not political or libaTon7 in nature. VII. SENIORITY New empJoyees may acquire seniority by working six (6) continuous months, in which event the employee's seniority will date back to the date of hire into the depart7ont. '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 six (6) months. An employee shall lose his seniority for the following reasonsl (a) If the employee resigns or retires; (b) If the employee is diScharged, and not reinstated; (5) of maternity, will be given amp7 reference if they make (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. RECALL, AND TRANS717RS If and when it becomes neoa,Rery for the Employer to re- duce the number of employees in the work force, the employees will be laid off in seniority order, based on capability of performing available jobs and shall be recalled in the sar!z. order. (b) If and when an employee is :permrnontly transferred to another division within the Department, the president or chief steward VIII. LAYOFF (a) shall be notified of said transfer by IX. '..1 ::TTR.:.ITY S the employar. Employee who leave Pro'7,-teCourt employment, as a result application to ret to the Probate and if a vacancy exists, in the classificatir}a in which they left, provided they apply within one year of -earaticrl and are qualified to return All romoticns within the Ilrgaining v,n1t, nhnli be on the basis of competitive examination as proidcd for in the Oak- land County Merit System, The employ17 will 7.1". his selection for promotion from the three highest ra ,- candidates who have passed the promotional examina. tion, Xi. 77,YRAT., CONDITTONS Section 1, The Union shall be notified (6) in advance of anticipated permanent ma' changes in working conditions '1 discussions shall be held thereon. 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 share equally with the Employer the responsibility for applying this provision of the agreement. Section 3. The reemployment rights of employees and probationary employees who are veterans will be liMited by applicable laws and regulations. Section 4. Employees elected to any permanent 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 5. 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 classification, rate or structureare proper, the Union shall have the right to submit the issue as a grievance through the grievance procedure within a six (6) month period. Section 6. If any other represented unit negotiates a contract containing any form of agency shop, this unit may then request negotiations to discuss a modified agency shop. (7) XII. ADOPTION BY REFERENCE OF RELEVANT RESOLUTIONS AND PERSONNEL POLICIES All Resolutions of 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 agree- ment, and all other benefits and policies provided for in the Oak- land 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. MAINTENANCE OF CONDITIONS Wages, hours and conditions of employment legally in effect at the execution of this agreement shall, except as improved herein, be maintained during the term of this agreement. No employee shall suffer a reduction in such benefits as a consequence of the execution of this agreement. XIV. ECONOMIC MATTERS Wages and ether economics are attached hereto as Appendix A. XV. 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 bar- gaining unit take part, in any strike, or any violation of any state law. In sitdown, stay-in or slowdown 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 persbns shall immediately cease the offending conduct. The Employer will not lockout any employees of the bar- gaining unit during the term of this agreement. (8) XVI. DURATION This agreement shall remain in full force and effect until midnight, December 31, 1972. 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 agreement shall remain in full force and be effective during the period of negotiations and until notice of term- ination 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 than ten days prior to the desired termination date which shall not be before the anniversary date set forth in the preceding paragraph. 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. The Union recognizes the right and duty of the Probate Court to operate and manage its affairs in accordance with the State of Michigan Constitutional provi$ions and statutes and such Constitutional provisions and statutes shall take precedence over any conflicting provisions which might be contained in this Agreement. If any article or section of this agreement or any appendixes or supplement thereto should be held invalid by any Constitutional provisions, operation of law or by any tribunal of competent juris- diction, or if compliance with or enforcement of any article or section should be restrained by such tribunal, the remainder of this (9) Agreement AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES METROPOLITAN COUNCIL NO 23, AFL-CIO, LOCAL 1998 shall not be affected therebSr. OAKLAND COUNTY PROBATE COURT Judge Donald E. Adams Senior Probate Judge COUNTY OF OAKLAND, a Michigan Constitutional Corporation, / — By Iiam M. Richards, Chairman; Allen, Clerk of its of Commissioners CASEWORKER AGREEMENT APPENDIX A SALARIES The following merit salary schedule shall prevail for the period from January 1, 1972 through December 31, 1972: 6 1 2 CLASSIFICATION Base Months Year Year BOY'S BOARDING BONE SUPV. 10,935 11,435 11,935 12,935 CHILD WELFARE WORKER I 9,935 10,435 CHILD WELFARE WORKER II 10,935 11,435 11,935 12,935 E COURT INTAKE WORKER 13,235 14,435 JUVEN CASEWORKER AGREEMENT 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 WILLIAM M. TRAVIS REGISTER January 3, 1972 DONALD E. ADAMS PRORATE JUDGE NORMAN R. SARNARD PRORATE JUDGE EUGENE ARTHUR MOORE PRORATE Amok rohate (gaud for tile Tountg of AiItlarb Tontine , cfltittlisan Mr. Howard Draft Staff Representative 2345 Cass Detroit, Michigan 48201 Messrs H. Schwartz & F. Weber Attorneys at Law Southfield Center Building, Suite 215 25100 Evergreen Road Southfield, Michigan 48075 RE: Letter of UnderstLujilIyi_t12n Reimbursement Gentlemen: During the recent collective bargaining negotiations between Local 1998, Council 23, of the American Federation of State, County and Municipal Employees, and the Oakland County Probate Court, there was considerable discussion between the parties pertaining to tuition reimbursement to employees for courses of schooling they have completed. The discussions resulted in an understanding between the parties to the effect that tuition for a maximum of two courses per term or semester, instead of the prevailing one course, will be reimbursed in accordance with the provisions of Rule 20 of the Oakland County Merit System Rules. This letter shall prevail during the period needed to officially amend established Rule 20. When such amendment has been consummated, this letter of understanding shall terminate. Sincerely, Donald E. Adams Judge of Probate WILLJAM M. TRAVIS M G!STR 3.77' Y 3, 1972 The die between the parties to the pertaining to the treicn the Oakland County Probate Court Case,7 resulted in an 7: t any re--„ili.(.7yrss County Merit System. terninte on the date .env s set forth in the Oakland of understandina shall s are officially -:Ly.ed. Mr, Howard Draft Staff Pepreserts,tive 2345 Cass Detroit, Michigan 48201 Messrs H. Schwartz & F. Weber Attorneys at Law Southfield (7rter Bldg., Suite 2151 25100 Evergr ,s71 Southfield, WchigmH. 48075 recent negotiations bs.:s7s!c -: csl. 11 'Z3, of the Federation of !::;=t Oakland County 8rcb3t between the parties 7Dertaning rvision in policje pertaining to the treatment of sis..snhty cases. tynn D. Allen Clerk Moved by Mainland supported by Lennon Resolution # 5892 be adopted. AYES: Simson, Szabo, Aaron, Barakat, Coy, Daly, Dearborn, Doyon, Gabler, Hamlin, Horton, Houghten, Kasper, Lennon, Mainland, Patnales, Ptrnick, Powell, Richards, Richardson. (20) NAYS: None. (0) A sufficient majority having voted there or, the resolution was adopted. STATE OF MICHIGAN) (s s , COUNTY OF OAKLAND) 1, Lynn D. Allen, Clerk of the County of Oakland and having a seal, do hereby certify that.' have compared the annexed copy of ._.Resolution #5892 adopted, by the Oakland County Board of CommiSsioners at their January 20, 1972 meeting el • • • • • • • • ......... • 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 .... P5nt.1 :'5: . tl!F.!1!.P.” 24th January 72 this day of 19... By Deputy Clerk