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Miscellaneous Resolution r 84200 July 26, 1984
BY: PERSONNEL COMMITTEE - John J. McDonald, Chairperson
IN RE: SHERIFF'S DEPARTMENT - 1985 LABOR AGREEMENT FOR EMPLOYEES REPRESENTED
BY LOCAL 804, NATIONAL UNION OF POLICE OFFICERS, SEIU, AFL-CIO
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Sheriff's Department, the County of
Oakland and Local 804 of the National Union of Police Officers, SEIU, AFL-CIO,
have been negotiating a contract covering fifty-four (54) Command Officers
of the Oakland County Sheriff's Department; and
WHEREAS a two (2) year agreement has been reached for the period
January 1, 1984 through December 31, 1985 and said agreement has been reduced
to writing; and
WHEREAS the agreement has been reviewed by your Personnel Committee
which recommends approval of the agreement;
NOW THEREFORE BE IT RESOLVED that the proposed agreement between
the Oakland County Sheriff's Department, the County of Oakland, the Command
Officers employees, and Local 804, National Union of Police Officers, SEIU,
AFL-CIO, be and the same is hereby approved; and that the Chairperson of this
Board, on behalf of the County of Oakland be and is hereby authorized to
execute said agreement, a copy of which is attached hereto.
Mr. Chairperson, on behalf of the Personnel Committee, I move the
adoption of the foregoing resolution.
PERSONNEL COMMITTEE
APPROVE THE FOREGONG RESOLUTION
THE COUNTY OF OAKLAND
AND
THE NATIONAL UNION OF POLICE OFFICERS, AFL-CIO
SHERIFF'S DEPARTMENT - SERGEANTS, LIEUTENANTS AND CAPTAINS
Collective Bargaining Agreement
1984 - 1985
AGREEMENT
This agreement is made and entered into on this qt4 day of
, A.D., 1984, by and between the Oakland County Sheriff and
the Oakland County Board of Commissioners, hereinafter referred to collectively as
the "Employer," and Local 304 National Union of Police Officers SEIU, 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 Zmployer recognizes the Union as the exclusive representative of the
Sergeants, Lieutenants and Captains of the Oakland County Sheriff's Department,
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
L-ecognized 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 classified as Sergeants, Lieutenants
and all Captains of the Oakland County Sheriff's
Department excluding all others.
I:. 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. .7n
addition, the work schedules, methods and means of departmental operation are
solely and exclusively the responsibility of the Employer, subject, however, to
the provisions of this agreement.
III. OUES 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 statement to the
local treasurer, within fourteen (14) days after the deductions have been made.
Jp) 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 end of each calendar
Year.
(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.
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 report
their time to their supervisor upon returning from a grievance discussion.
(2)
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 time except when permitted to
leave their work to handle grievances.
Section 2.
There shall be a grievance committee consisting of the two members of
the unit to be selected ny 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. The purpose of grievance committee
meetings will be to adjust penaing 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 the
Sheriff or his designee with or without his steward within 5 days of the
occurrence, 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 the Sheriff or his designee.
(3)
Step 2.
The written grievance shall be discussed between the steward and the
Sheriff or designee. The Sheriff/designee 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.
Any grievance not settled at Step 2 may be submitted to the next meeting
of the grievance committee. Any grievance not submitted to the next
grievance committee meeting, by written notification to the Employer
within five (5) days of the immediate supervisor's written decision,
shall be considered dropped.
Any matter not settled in Step 3 of the grievance procedure may be
suomitted 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 (IS) 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 Michigan Employment Relations Commission.
The arbitrator shall have no power or authority to add to, subtract
from, alter or modify the terms of this Agreement, or set a wage rate.
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 written agreement of the parties.
VI. BULLETIN BOARD
The Employer shall assign space for a bulletin board which shall be used
LAS.
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 Meetings;
(e) Other notices of bona fide Union affairs which are not
political or libelous in nature.
VII. SENIORITY
Employees covered by this Agreement shall acquire seniority by working
six (5) continuous months in the unit, in which event the employee's seniority
will date back to the date of appointment to his current classification. When the
employee acquires seniority, his name shall be placed on the seniority list, in
the order of his seniority date.
A seniority list shall be furnished to the Union every six (5) 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 (3) 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.
(5)
VIII. LAYCFF, RECALL, AND TRANSFERS
(a) 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 seniority
order, provided a Captain shall have the right to use his greater seniority to
bump a Lieutenant with less seniority, and a Lieutenant the right to use his
greater seniority to bump a Sergeant with less seniority, based on capability of
performing available jobs and shall be recalled in the same order.
(b) 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. PROMOTIONS
All promotions within the bargaining unit shall be made on a basis of a
Competitive Examination as provided for in the Oakland County Merit System, or the
Sheriff may promote the most qualified employee in accordance with his
professional judgement.
X. FALSE ARREST INSURANCE
Employees 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.
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 within reasonable time
if requested by the Union.
Section 2.
The provisions of this agreement shall be applied equally and without
(6)
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.
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 4.
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 rate for the
al.aaaific.al2Lon is proper, the Union shall have the right to submit the issue as a
grievance through the grievance procedure within a three (3) month period.
Section 5.
. Any employee who is eligible for overtime compensation and who is
required to work overtime which is not contiguous to the employee's regular work
schedule shall be entitled to a minimum of two (2) hours work or pay for weekdays
and three (3) hours work or pay for weekends at the time-and-one-half rate, and
three (3) hours work or pay on holidays at the appropriate holiday rate.
(weekdays are defined as the first five (5) days of work which are part of an
employee's regular work schedule.)
Court duty appearance pay shall be applied in the following manner:
When officers eligible for overtime compensation are required to appear in court,
they shall be compensated at the rate of time and one-half for all time spent in
(7)
court, with a guarantee of a minimum of two hours pay per day.
Under the following conditions:
1. Case must be of a criminal nature or related to
traffic enforcement.
2. Officer must be off duty at court time.
X/I. ADOPTION BY REFERENCE OF RELEVANT RESOLUTIONS AND PERSONNEL POLICIES
AI1 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 Employee's Handbook, are incorporated herein by reference and made a part
hereof to the same extent as if they were specifically set forth.
XIII. MA:NTENANCE OF CONDITIONS
Wages, hours and conditions of employment legally in effect at the
execution of the Agreement shall, except as modified herein, be maintained during
the term of this Agreement.
XIV. 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.
XV. NC 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
st:ike, 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
(8)
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. MATTERS FOR FURTHER DISCUSSION
The parties agree to reopen negotiations regarding possible changes in
sick leave, income continuation insurance, life insurance, personnel appeal board
and shift preference by seniority for lieutenants and captains at any time during
the term of the Agreement providing there is mutual agreement to reopen said
negotiations.
XVII. DURATION
This Agreement shall remain in full force and effect from January 1,
1984, to midnight, December 31, 1985. The Agreement shall be automatically
renewed from year to year thereafter unless either party shall notify the other in
writing, one hundred twenty (120) days prior to December 31, 1985, that it desires
to modify the Agreement. In the event that such notice is given, negotiations
shall begin within a reasonable period of time 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.
In the event that either party desires to terminate this agreement,
written notice must be given to the other party no less than ten (10) days prior
to the desired termination date which shall not be before the anniversary date set
forth in the preceding paragraph.
(9)
D COUNTY SHERIFF
COUNTY OF OAKLAND, A Michigan
Constitutional Corporation
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Richard R. Wilcox, Chairpersoll and
y Executive ar4iiel T.
NATIONAL UNION OF POLICE OFFICERS,
A.F.L.-C.Z.O. LOCAL 804 S.E.I.U.,
C L -47"
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
OaAland.
(1Q)
SERGEANT'S, LIEUTENANT'S & CAPTAIN'S AGREEMENT
APPENDIX A
I. Salaries
Effective the first pay period on or after January 1, 1984
Classification Base 1 Year 2 Year
Sergeant 29,161 29,748 30,394
Lieutenant 31,568 32,533 33,499
Captain 34,608 35,761 36,914
Effective the first pay period on or after January 1, 1985
Classification Base 1 Year 2 Year
Sergeant 30,509 31,123 31,799
Lieutenant 33,027 34,037 35,047
Captain 36,208 37,414 38,620
II. Captain Weekend Duty Pay
The one Captain designated each weekend to be on duty during that
weekend and who shall work such weekend shall be compensated S300.00 per weekend
worked.
III. Clothing Allowance
Eligible non-uniformed Sergeants shall receive a clothing and cleaning
allowance at an annual rate of $300, payable in installments of Sl5C in June and
S130 in December.
(11)
**
* *
APPENDIX 3
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. Medical and Master Medical Insurance
7. Sick Leave
**8. Retirement
9. Annual Leave
10. Income Continuation Insurance
11. Dental Insurance
12. Tuition Reimbursement
Those fringe benefits modified in previous collective
bargaining agreements shall continue in effect as modified and described
in the Oakland County Employees Handbook.
* Those employees employed or reemployed after July 1, 1984
shall not be eligible for service increment as contained in
Merit Rule #2, Section VII.
** The service credit multiplier factor for the retirement plan
shall be 2.0 effective January 1, 1985.
Effective December 31, 1985, unit employees who have twenty-
five (25) years of service with the Department, and who are
at least fifty (50) years of age, after compliance with all
other requirements, may become eligible for retirement.
Effective January 1, 1978, employees hired after this date
will not be eligible to include final sick leave or annual
leave cash-in payments as part of their "Final Average
Compensation" for the purpose of computing retirement
benefits.
(12)
FISCAL NOTE
BY FINANCE COMMITTEE, DR. G. WILLIAM CADDELL, CHAIRPERSON
IN RE: MISCELLANEOUS RESOLUTION #84200 SHERIFF'S DEPARTMENT-1984/1985 LABOR
AGREEMENT FOR EMPLOYEES REPRESENTED BY LOCAL 804, NATIONAL UNION OF
POLICE OFFICERS, SEIU, AFL-CIO
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
Pursuant to Rule XI-C of this Board, the Finance Committee has reviewed
Miscellaneous Resolution #84200-and finds:
1) The agreement for the two year period-January 1, 1984 thru December 31,
1985, covering 54 budgeted positions in the Sheriff's Department has a
first year cost of $76,338,
2) $61,070 available in the 1984 Salary Adjustment account and $15,268 in
the 1984 Fringe Benefit Adjustment Account,
3) The Board of Commissioners appropriates $61,070 from the 1984 Salary
Adjustment Account and $15,268 from the 1984 Fringe Benefit Adjustment
Account and transfers said amount to the 1984 Sheriff's Department Budget
as per the attached schedule.
Further, that the 1985 portion of this agreement be incorporated with the
1985 Budget.
FINANCE COMMITTEE
APPROPRIATION. DETAIL FOR
SHERIFF COMMAND_OFFICERS
3984 CONTRACT SETTLEMENT
1984
Number 3.5% Fringe Benefits
Division/ of Salary @
Unit Positions Increase 25% Total
432-01 1 1,373
-05 1 1,090
-10 1 1 ,006
Total Admin. Services 3 3,469 867 4,336
433-01 2 2,594
-10 7 7,918
-12 1 1,090
-15 1 1,069
-25 5 5,365 -
Total Corrective Services 16 18,036 4,509 22,545
436-01 1 1,373
-05 17 18,684
-15 9 _/1!_113 -
Total Protective Services 27 29,870 7,467 37,337
438-01 1 1,348
-10 1 1,246
-30 1 1,131
-35 1 1,110 -....___
Total Comm. ft Insp. Serv. 4 4,835 1,210 6,045
439-01 2 2,619
-05 1 1,110
-10 1 1,13 1 -.--
Total Tech. Serv. 4 4,860 1,215 6,075
Total 54 61 ,070 15,268 76 338 ----- ---..-- --2-.-- ------
Salary Adjustment (61,070)
Fringe Benefit Adjustment (15,268)
Total (76,338)
On-call Pay - No increase mentioned
Retirement
January 1, 1985 -
December 31, 1985
SUMMARY OF TENTATIVE AGREEMENT WITH
SHERIFF COMMAND OFFICERS
INLEE
January 1, 1984 im 3.52 for all classifications
January 1, 1985 g. 4.622 for all classifications
FAC multiplier increased from 1.8% to 2.02
- full retirement eligibility changed from 25 years
of service and 55 years of age to 25 years of
service with the department and 50 years of age.
Service Increment_ (Longevity)
Employees hired or promoted into bargaining unit with a hiring date on or
after July 1, 1984 will not be eligible for service increment pay.
Final Average Compensation
Sick leave cash-in and annual leave cash-in not part of final average
compensation toward retirement for employees hired on or after
January 1, 1978.
Contract Reopener
The parties agree to reopen discussions pertaining to proposed changes in
life insurance, sick leave, annual leave, disability insurance, personnel
appeal board and shift preference by seniority for Lieutenants and Captains
providing there is mutual agreement to reopen.
Annual Leave Accumulation (letter of agreement)
The parties will sign a letter of agreement which will limit annual leave
accumulation for Captains at such timas a merit rule change is iliplemented
limiting annual leave accumulation for non-union employees who currently
have unlimited accumulation.
6/28/84
this day of 19
ALLEN
Couniy Clerk/Register of Deeds
#84200 August 9, 1984
Moved by McDonald supported by Jackson the resolution be adopted.
AYES: Aaron, Caddell, Calandra, Doyon, Foley, Fortino, Gosling, Hobart,
Jackson, R. Kuhn, S. Kuhn, Lanni, Law, McConnell, McDonald, McPherson, Moffitt,
Page, Perinoff, Pernick, Rewold, Wilcox. (22)
NAYS: None. (0)
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
Miscellaneous Resolution #84200 adopted by the Oakland County Board of Commissioners
at their meeting held on August 9, 1984
with the orginial 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