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HomeMy WebLinkAboutResolutions - 1972.03.02 - 15835/1 William L. Mai kind, Chairman Miscellaneous Resolution 5945 March 2, 1972 BY: PERSONNEL PRACTICES COMMITTEE - William L. Mainland, Chairman IN RE: 1972 LABOR CONTRACT FOR SECURITY UNIT 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 Security Unit of the Facilities and Operations Division of the Oakland County Board of Auditors and Local 1445, 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 Security Employees of the Facilities and Operations Division of the Oakland County Board of Auditors and Local 1445, 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) THE COUNTY OF OARLAND AND THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO COUNCIL 23 SECURITY EMPLOYEES OF THE FACILITIES AND OPERATIONS DIVISION OF THE BOARD OF AUDITORS Collective Bargaining Asreement 1972 AGREEMENT This agreement is made and entered into on this second day of March , 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 Local 1445, 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. 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 security officers and i security watchman of the security unit of the Facilities and Operations Division of the Board of Auditors excluding office employees which includes clerical, secretarial and confidential employees and supervisors. II. MANAGEMENT RESPONSIBILITY The right to hire, promete,:, 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 ofthe 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 toLthe expiration date of the agreement, (c) The Union will protect and save harmless the Employer from any and all claims, demands, suits and other foLins 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 shall have to be seniority employees in the bargaining unit. Section 2 The names of all such committee members shall be submitted in writing to the Employer by the Union upon election or appointment to a recognized committee, Section 3 There shall be a union bargaining committee composed of not more than three (3) members, of which only two (2) on duty members of a shift shall be released at one time from their jobs to attend a bargaining meeting. Section 4 There shall be stewards and alternate stewards in accordance with the following formula: (a) The security officer employees shall be represented by one (1) steward and one (1) alternate steward. (b) The security watchmen employees shall be represented by one (1) steward and one (I) alternate steward. Stewards will be permitted to leave their work, after obtaining approval of their respective supervisors and recording their time, for the purposes of adjustinggrievances 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 The Chapter Chairman shall !serve as Chief Steward for employees covered by this agreement. Section 6 There shall be a grievance committee consisting of the Charter Chairman and one other member 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 imMediate supervisor, 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 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 written grievance. Step 3 nd holidays) of receipt of the 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. Step 4 Any matter not settled in Step 3 of the grievance procedure may be submitted to final and binding arbitration by (5) either of the parties. A request for arbitration must he 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 tolselect 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 m or set a wage rate. Section 2 the terms of this agreement, 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. 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 depar 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 ,1 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 net return to work when recalled from a layoff. VII. LAYOFF AND RECALL If and when it becomes necoSsary for the Employer to reduce the number of employees in the work force i the employees will be laid off in seniority order 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 employ s 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. IX. FALSE ARREST INSURANCE Security Officers covered by this agreement shall be provided, by the Employer, a policy of False Arrest liability insurance. The premiums for such insurance will be paid by the County. X. RATES FOR N When any position not listed or the wage schedule is filled or established, the County may designate a job classification and rate structure for the position. In the event the Union does not agree that the classification, rate or structure are proper, the Union shall have the right to request a meeting of the special conference committee to discuss the matter. 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. Thelleave of absence shall not exceed two (2) years, but it shall be renewed ot extended for a similar period at any time upon the written request of the Union. (8) JOBS 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 posting notices, bearing the writ!ten approval of the President of the Union Local, which shall be restricted to: (a) Notices of Union recreiational and social affairs; (b) Notices of Union elecO.ons; (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 Special conferences for impbrtant 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 two 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, Section 4 The parties agree that there shall be no discrimination against any employee by reason of race, creed, color, sex, or national origin. (9) The Employer will not discriminate against any member of the bargain- ing unit by reason of membership in the Union. Section 5 Wages, hours and conditio 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. Section 6 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 tine, 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 theClakiand 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. (10) 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 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 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 data set forth in the preceding paragraph. (11) OATIA16COUNTY BOARD OF AVDTTORS // e .Murph COUNTY,OF OAKLAND, a'/Michigan Cons(ital Corporation 22 -32,7r6t-D7'. Alien, Clerk of its BArd 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 1445 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 1445 FACILITIES AND OPERATIONS SECURITY EMPLOYEES AGREEMENT APPENDIX A SALARIES The following merit salary schedule shall prevail for the period January 1, 1972, through December 31, 1972: CLASSIFICATION BASE 6 moNins 1 YEAR 2 YEARS 3 YEARS 4 YEARS *Security Officer 3018 3183 8348 8679 9010 9341 Security Watchman 6575 6700 6825 7075 *By agreement of the parties, any night shift differential available under Rule 2, Section IX of the Merit System is now incorporated in the wage rates for the various progressive wage steps. FACILITIES AND OPERATIONS SECURITY EMPLOYEES 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 • Moved by Mainland supported by LennOn the resolutuon be adopted. A sufficient majority having voted therefor , the resolution was adopted. STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Lynn D. Allen, Clerk of the County of Oakland and having a seal, do hereby certify that I have compared the annexed copy of jResolution #.5945 adopted by the.Oakland:.Count7.Board . of . Commissioners... at their March 2, 1972 meeting ..... . ....,... ..... ....... nee•e1a se-166.666-6 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 sale' County at Pontiac, Michigan this.,. .. 2nd ..... day of, , March . Lynn D. Allen Clerk By ....... .......,..... ...... .„ ....... Deputy Clerk