Loading...
HomeMy WebLinkAboutResolutions - 1972.01.20 - 15756Miscellaneous Resolution, No. 5905 BY: PERSONNEL PRACTICES COMMITTEE - Mr: Mainland January 20, 1972 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 1.(11 , 41/.1.,. 0/ William L. Mainland, Chairman ' The resolution was referred to the Finance Committee, There were no objections. TEE COUNTY OF OAKLAND AND THE AMERICAN FEDERATION OF: STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO COUNCIL 23 MAINTENANCE, CUSTODIAL AND GROUNDS EMPLOYEES OF THE FACILITIES AND OPERATIONS DIVISION OF THE BOARD OF AUDITORS Collective Bargaining Agreement 1972 AGREEMEN7 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 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 Building 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. III. 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 haLmless 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 'Sec tion 1 The members of all Union committees recognized by the Employer for purposes of collective bargaining in the bargaining unit. Section 2 shall have tb be seniority employees 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 four (4) based on the present com- position of the bargaining unit. Section 4 There, shall be stewards and.alternate stewards in accordance with the following formula:- " (a) The Maintenance employees shall be represented by one (1) steward and one (1) 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 the 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) appr,oval of their respective supervisors and recording their time, for the purposes 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 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 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 grievanees. 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, 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 infarmally 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 a written grievance on the complaint to the immediate supervisor within three days. The written grievance must be signed by 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, 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 grievance not submitted to the Grievance Committee by written notification tothe 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. H. 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 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. Section 3 All specified time limits herein shall consist only of County work days Monday through Friday. (6) Section 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 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. (7) 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 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 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 agtee 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. TEMPORARY 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 1 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 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 (9) 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 othe 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 uT4ta covered under this agreement. Section 4 Special conferences for important matters may be arranged 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 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. (10) Section 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 te.Lm 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 Syste 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 agreemen t, subject to the terms and conditions thereof. (11) XIV7 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. XV. DURATION Section 1 - Duration of Agreement This agreement shall remain in full force and effect until mid- night, 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 (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 termination date which shall not be before the anniversary date set forth in the preceding paragraph. (12) 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 OAKLAND COUNTY BOARD OF AUDITORS Paniel T. Murphy, Chairman COUNTY OF OAKLAND, a Michigan Constitutional Corporation By William M. Richards,- Chairman; and Lynn D. Allen, Clerk of its Board of Commissioners FACILITIES AND OPERATIONS - MAINTENANCE, CUSTODIAL AND GROUNDS AGREEMENT - APPENDIX A '! ' SALARIES The following merit salary schedule shall prevail for the period January 1, 1972, through December 31, 1972: Classification Base Custodial Worker III 7,988 Traveling Crew Gust. Worker 7,988 Mobil Unit Custodial Worker 7,988 Custodial Worker II 7,304 Custodial Worker I 6,253 Building Operations Leader 11,246 Master Maintenance Mechanic 11,246 Building Operations Technician 9,722 Central Stock Man 9,722 Senior Maintenance Mechanic 9,722 Window Washer Crew Leader 10,090 General Maintenance Mechanic 8,828 Window Washer 8,828 Incinerator Operator 7,830 Maintenance Mechanic Aide 7,830 Maintenance Laborer 7,462 Groundskeeper Crew Chief 9,617 Grounds Equipment Mechanic 8,828 Groundskeeper II 8,408 Groundskeeper I 7,462 1 Year 8,198 8,198 8,198 7,515 Flat Rate Flat Rate 10,195 10,195 10,195 Flat Rate 9,301 9,301 8,303 . 8,303 7,935 10,142 9,301 8,881 7,935 2 Years 8,408 . 8,408 8,408 7,725 6,884 10,668 10,668 10,668 9,774 9,774 8,776 8,776 8,408 9,774 9,154 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 WfTHERUP PERSONNEL ED/RECTOR DANiEL T. MURPHY CHAIRMAN ROBERT E. LILLY VICE CHAIRMAN January 20, 1972 GEORGE J. FuLKERsorq N EINE ER OAKLAND COUNTY BOARD OF AUDITORS OAKLAND COUNTY COURT HOUSE 1200 NORTH TELEGRAPH ROAD PONTIAC. MICHIGAN 48053 PHONE 338-4751 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. lAnstra Chief of Labor Relations and Classification KJV:sdm