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HomeMy WebLinkAboutResolutions - 1972.01.20 - 15749._,..e..-: ..-- 0--,--,L=,-..,..--- - , / • / :7------ „ ,-----,' REPORT By Mr. Mainland IN RE: MISCELLANEOUS RESOLUTION #5893 - PROBATE COURT NON-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 #5893 with the recommendation the resolution be adopted. vu „ vv ILL14 • MAINLAND, CHAIRMAN Deco er 30, 1971 MISC. RESOLUTION NO. 5893 IN RE: PROBATE COURT NON-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 Non-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 Non-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 REPORT BY: FINANCE COMMITTEE IN RE: MISCELLANEOUS RESOLUTION #5893 - PROBATE COURT NON-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 $76,556.00 available as follows: Transferring $9,372 to Probate Court; $18,633 to Juvenile Court; $39,895 to Children's Village and $8,656 to Camp Oakland from the Summer Employment Fund. FINANCE COMMITTEE January 20, 1972 awrence R. Pernick, Chairman THE OAKLAND COUNTY PROBATE COURT AND THE COUNTY OF OAKLAND AND THE AMERICAN FEDERATION OF STATE COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO COUNCIL 23 PROBATE COURT NON-CASEWORKER EMPLOYEES Collective Bargaining Agreement 1972 AGREEMENT This agreement is made and entered into on this day of , A. U. 1972, by and between the Oakland County Probate Court and the Oakland County Board of Commissioners, hereinafter referred to Collectively as the "Employer", and Local 1993, 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. I, RECOGNITION The Employer recognizes the Union as the exclusive repre- sentative of all employees other than Caseworkers, of the Oakland County Probate Court, for the purposes of collective bargaining with respect to rates of pay, wages, hours of employment and other terms and conditions of employment, in the following bargaining unit for which they have been certified, and in which the Union is recognized as collective bargaining representative, subject to and in accordance with the provisions of Act 336 of the Public Acts of 1947, as amended, All employees of the Oakland County. Probate Court; excluding confidential employees, professional employees, executives and supervisors 11. MANAGEMENT RESPONSIBILITY The right to hire, promote, discharge or discipline, 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 operation are solely and exclusively (1) 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 initiation fee and dues, once each month, from the pay of those employees who indi- vidually authorize in writing that such deductions be made. All author- izations 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 de- ductions 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 de- ductions 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. IV. BASIS OF REPRESENTATION Section 1. There shall be one steward and an alternate steward for the following locations and shifts Children's Village - One (1) each shift Camp Oakland - One (1) each for the day and afternoon shift Court House - One (I) for the day shift (2) The purpose of grievance committee !zs will he to adjust ti Stewards will be permitted to leave their work, after obtaining approval of their respective 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. Stewards will .eport their time to their supervisor upon retuning 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 one other member to be selected from the non-caseworker group and certified in writing to the Employer, The Employer shall meet whenever necessary, at a mutually convenient time, with the union grievance committee, pending grievances, and to dist-ess procedures for avoiding future grievances. In addition, the committee may discuss with the Employer other issues which would improve the relationship between the parties. (3) V. GRIEVANCE ---10EDURE 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 supervisor, 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 grievance procedure but shall be processed according to the procedures of the Personnel. Appeal Board. Step 1, If the grievance is not settled informally, it shall be discussed with the steward and shall be reduced to writing, signed by the grievant and submitted to his immediate supervisor. Step 2. The written grievance shall be discussed between the steward and the immediate supervisor, and the ChleE Stowifd if so desired, The supervisor will attempt to adjust the mtcer and will give his written decision within five (5) (exciedit. 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 tea days unless the time is extended by mutual agecnent of both parties. (/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 he borne equally by both parties. If the parties fail to select an arbitrator, one will be selected under the rules of the American Aritration Association, 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 far posting notices, bearing the written approval of the President of the Union local, which shell be restricted to (a) Notices of Union recreational and social. affairs; (b) Notices of Union election; (c) Notices of Union appointwnats 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. VII. SENIORITY Section 1, New employees may acquire seniority by working six (6) con- tinuous months, in which event the employee's seniority will date (5) back. to the date of hire into the department. 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 reasons: (a) If the employee resigns 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. Section 2, Shift preference will be granted at Children's Village or Camp Oakland on the basis of seniority, within the classification, provided the employee meets the qualifications of the vacancy. Shift preference may be utilized only for vacancies created by employee separation, promotion or the creation of a ne,',4 position. Vacancies created by employee transfers, as a. result of shift preference, shall not be subject to shift preference. VIII. LAYOFF, RECALL, AND TRANSFERS (a) If and when it becomes necessary 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 same order. (6) (1) If and when an employee is permanently transferred to another division within the Department, the president or chief steward shall be notified of said transfer by the employer. IX. MATERNITY SEPARATION Employees who leave Probate Court employment, as a result of maternity, will be given employment preference if they make application to return to the Probate Court onc3 if a vacancy exists, in the classification in which they left, provided they apply within one year of separation and are qualified to return, X. PROMOTIONS All promotions within the bargaining unit shall be made on the basis of competitive examination as provided for in the Oak- land County Merit System, The employer will make his selection for promotion from the three highest ranking candidates who have passed the promotional examination. XI. GENERAL CONDITIONS Section 1,, The Union shall be notified in advance of anticipated permanent major changes in working conditions and 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, (7) 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 betenewed 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 desigriate 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 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. 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 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 .(8) 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 telin 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 other 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 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 of the 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. 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 anniversary date. This agreement shall sixty (60) days prior to the emain in full force and be effective during the period of negotiations and until notice of termi- nation of this agreement is provided to the other party in the manner set forth in the following paragraph. (9) Judge Donald E. Adams Senior Probate Judge COUNTY OF OAKLAND, a Michigan Constitutional Corporation,/ ..//f BY am M. Riehaids, Chairman; and D. Allen, Clerk of its 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 ac cordance with the State of Michigan Constitutional provisions 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 law or by any tribunal with or enforcement of by any Constitutional provision, operation of of competent jurisdiction, or if compliance any article or section should be restrained by such tribunal, the remainder of this Agreement shall not be affected thereby. AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES METROPOLITAN COUNCIL NO. 23 AFL-CIO, LOCAL 1998 OAKLAND COUNTY PROBATE COURT Bdard of Commissioners Months Months Year Years Years Years 8,150 8,350 8,750 9,150 NON-CASEWORKER AGREEMENT APPENDIX A I. SALARIES (a) The following merit salary schedule shall prevail for the period from January 1, 1972 through December 31, 1972: 3 6 1 2 3 4 Classification Base Children's Supervisor I 7,950 Children's Supervisor II 9,550 Flat Rate Court Service Officer / 8,000 Court Service Officer II 9,800 First Cook 7,200 Second Cook 6,550 8,300 8,600 9,200 10,500 11,200 11,900 7,300 7,400 7,600 7,800 8,000 6,713 6,875 7,200 (b) The following merit salary schedule shall be increased as determined by the Employer by an amount of not less than 2% nor greater than 5% of each salary step, such increased merit salary schedule to prevail for the period from January 1, 1972 through December 31, 1972: 3 6 1 2 3 4 Base Months Months Year Years Years Years 6,405 6,510 6,720 6,930 7,140 7,718 7,875 8,190 8,505 6,405 6,510 6,720 6,930 7,140 5,250 5,355 5,460 5,565 6,090 6,195 6,405 6,615 6,825 6 9 930 7,035 7,245 7,455 7,665 9,500 10,000 11,300 7,980 8,190 7,455 7,770 8,085 8,400 Classification Account Clerk I 6,300 Account Clerk II 7,560 Ass i t. Deputy Probate Reg. 6,300 Clerk I Clerk II 5,985 Clerk III 6,825 Court Reporter I 9,000 Court Reporter II 10,800 Court Reporter Trainee 7,770 Departmental Clerk 7,140 APPENDIX A (continued) (b) Continued 3 6 1 2 3 4 Base Months Months Year Years Years Years Classification Deputy Juvenile Register 7,140 Deputy Probate Register I 7,140 Deputy Probate Register II 8,820 General Staff Nurse 8,925 Probate Court Clerk 6,195 Secretary 7,140 7,455 7,770 8,085 8,400 7,455 7,770 8,085 8,400 9,135 9,450 9,975 10,500 6,300 6,405 6,615 6,825 7,455 7,770 8,085 8,400 Stenographer Stenographer II Typist I Typist II 5,985 6,090 6,195 6,300 6,825 6,930 7,035 7,245 7,455 7,665 5,460 5,565 5,670 5,775 6,090 6,195 6,300 6,510 6,720 6,930 • (c) Premium Pay - Reception Center Employees in the classifications of Children's Supervisor I and Children's Supervisor II shall receive premium pay of fifteen cents per hour when actually performing duties at the Children's Village Reception Center. Such premium shall not be included in the salary rate which is used for the computation of payment of overtime. Payment of this premium will be made only during the period the present facility is used as the Children's Village Reception Center. NON-CASEWORKER AGREEMENT APPENDIX B For the following fringe benefits refer to the Oakland County Employees' Handbook: l. 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 January 3, 1972 EALE,AMA7.4.3 f RE: Letter - IU1C1011 WILLIAM M. TRAVIS REGISTER PP47.17.3.. JkgnE ELICt:q1-7: ARTHUR MOORE Mr. Howard Draft Staff Representative 2345 Cass Detroit, Michigan 43201 Messrs H. Schwartz & F, Weber Attorneys at Law Southfield Center Build 25100 Evergreen Road Southfield, Michigan 48075 , Suite 215 Gentlemen: the re.cmt collective b.eiFining negotiations betT=. L-oal 1991 , Ctoil 23, of the American. Federation of Sta t e, Co•ty ad 711:717icipal Emplc ,ye, cd Oakland County Probate Ca .t., tIlcre was eonsidera between the parties pertai:Aiz to ltr .tion reimblirsent to employees for courses of schf:ilir7 they have ccc The discues1 between the parties to the effect: two courses per term or semestf:7.7, course, will be reimbur fr Rule 20 of the 07.kMnd Co ulted in an unrstanding tuition for a 7•7iirnm of .cad of the prev -ailin7, one e with the provisions of too Rules, This letter shall prevail duri needed to officially ncccd 20. amendment has been conz -=ed, ths. letter of ,e shall terminate. Sincerely, t) Donald E. Judge of P RE: Letter of Understanein or "- Cases WILLIAM M. TRAVIS REGiSTEk January 3, 1972 DONALD E, ADAMS PROPaATE JLfl EijA$ENE ARTHUR MOORE PROVA-M Mr, Howard Draft Staff Representative 2345 Cass Detroit, Michigan. 48201 Messrs H. Schwartz & F. Weber Attorneys at Law Southfield Center Bldg., Suite 215 25100 Evergreen Road. Southfield, Michig '÷8075 Gentlemen: DurInc, the resent collective Is ----trin7 siring negotiations between La-al 199 8 , 23, of Federation of State, Ce --ty are "cioipa1. Employ .-:, s. the Oakland County Probate Court, there was 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 Y.erit System Pulcs shall be applied to Probate Court Case7.7orker and Non-C:Asoworker employees. Upon any revisions set forth in the Oland County Merit System Rules, this letter of understanding shall terminate on the date any such ots are officially adopted, Sincerely, th9 Dorald E. Adams Judge of Prohat De,n'uty Clerk Moved by Mainland supported by Coy .resolution .# 5893 be adopted. AYES: Szabo, Aaron, Barakat, Coy, Daly, Dearborn, Doyon, Gabler, Hamlin;"Horton, Houghten, Kasper, Mainland, Patnales, Perinoff, Pernick, Powell, Richards, Richardson, Simson. (2.0) ° NAYS: None. (0) A sufficient, majority having voted therefor,- the resolution was adopted. STATE OF MICHIGAN) (ss. COUNTY OF OAKLAND) 1, Lynn D. Allen, Clerk of the County of Oakland and 'having a seal, do hereby certify that.1 have compared the annexed copy of Resolution #5893 adopted by the Oakland County Board of Commissioners at their. January 20, 1972 meeting- 6 a 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 ... 24th January • 72 this • day of 19