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HomeMy WebLinkAboutResolutions - 1971.03.31 - 15963April l, 1971 REPORT By Mr. Kasper IN RE: MISCELLANEOUS RESOLUTION NO. 5654 - AFL-CIO CONTRACT FOR NON-CASEWORKER EMPLOYEES OF THE OAKLAND COUNTY PROBATE COURT To the Oakland County Board of Commissioners Mr. Chairman, Ladies and Gentlemen: The Personnel Practices Committee, by Mr. Paul E. Kasper, Vice Chairman, reports Miscellaneous Resolution No. 5654, with the recommendation that the resolution be adopted. PERSONNEL PRACAACES COMMITTEE William L. Mgin jMarch 18, 1971 5654 RESOLUTION NO. RE: AFL-CIO CONTRACT FOR NON-CASEWORKER EMPLOYEES OF THE OAKLAND COUNTY PROBATE COURT BY: PERSONNEL PRACTICES COMMITTEE - Mr. Mainland TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS MR. CHAIRMAN, LADIES AND GENTLEMEN: WHEREAS, the County of Oakland, the Non-Caseworker Employees of the Oakland County Probate Court and Local 1998, American Feder- ation of State, County and Municipal Employees, AFL-CIO, have been negotiating a Contract covering the 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 County of Oakland, the Non-Caseworker Employees of the Oakland County Probate Court 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 ex- ecute said Agreement, a copy of which is attached hereto. The Personnel Practices Committee, by Mx. William L. Mainland, Chairman, moves the adoption of the foregoing resolution. THE COUNTY OF OAKLAND AND AMERICAN FEDERATION OF STATE, COUNTY AND MUN ICIPAL EMPLOYEES, AFL-CIO COUNCIL 23 PROBATE COURT NON-CASEWORKER EMPLOYEES Collective Bargaining Agreement 1971 AGREEMENT This agreement is made and entered into on this day of , A. D., 1971, by and between the Oakland County Probate Court and the Oakland County Board of Commissioners, hereinafter referred to collectively as the "Employer", and Local 1998, 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. II. 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 responsibi ty of the Employer, Subject, how, r, to the provisions of this agreement. 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 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 mad (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 theexpiration 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 (1) for the day shift Stewards will be peLmitte approval of their respective auperv the purpose of adjusting grievances procedure and for reporting to the grievance. Permission for stewards to leave their work, after obtaining sors and recording their time, for in accordance with the grievance rievant a change in status of his 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 20 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. 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 Unio 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 grievance procedure but shall be processed according to the pro- cedures 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 immcdiateHsupervisor, 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. Any grievance not settled! at Step 2 may be submitted to the next meeting of the grievance committee with the Employer. Any grievance not submitted to the next grievance cc7nittee meeting, by written notification to the Employer within five (5) days of the immeaate supervisors's written decision, shall be considered dropped. (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. Any grievance not appealed, from a decision in one of the steps of the grievance procedure, te 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 bdlletin 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 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 of an approved leave; (e) If the employee does from a layoff. not return to work at the end not return to work when recalled 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 new 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(b) If and when an employee i$ 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 and 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 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 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. 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. XIII. MAINTENANCE OF CONDITIONS Wages, hours and conditions of employment legally in effect at the execution of this agreement shall, except as improved herein, (8) 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 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, st ay-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, 1971. 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 termi- nation of this agreement is provided to the other party in the manner set forth in the following paragraph.: (9) 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 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 by any Constitutional provision, operation of law or by any tribunal of competent jurisdiction, or if compliance with or enforcement of 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 EMTLOYEES METROPOLITAN COUNCIL NO. 23 AFL-CIO, LOCAL 1998 . OAKLAND COUNTY PROBATE COURT . Judge Donald,E. Adams Senior Probate Judge COUNTY OF OAKLAND, a Michigan Constitutional Corporation By William M. Richards, Chairman; and Lynn D. Allen, Clerk of its Board of Comlnissioners APPENDIX A SALARIES The following merit salary schedule shal January 1, 1971 through December 31, 1971: prevail for the period from 3 ! 6 1 2 3 4 Base: Months Months Year Years Years Years Classification Account Clerk II 7,560 Ass't, Deputy Probate Reg. 6,300 Children's Supervisor I 7,800 Children's Supervisor II 9,100 Flat Rate Clerk I 5,250 5,355 Clerk II 5,985 Clerk III 6,825 Court Reporter I 9,000 Court Reporter II 10,800 Court Reporter Trainee 7,770 Court Service Officer I 8,190 Court Service Officer II 9,765 Departmental Clerk 7,140 Deputy Juvenile Register 7,140 Deputy Probate Register I 7,140 Deputy Probate Register II 8,820 First Cook 6,930 General Staff Nurse 8,925 Probate Court Clerk 6,195 Second Cook 6,405 Secretary 7,140 Stenographer I 5,985 6,090 Stenographer II 6,825 Typist I 5,460 5,565 Typist II 6,090 7,718 7,875 8,190 8,505 6,405 6,510 6,720 6,930 7,140 8,000 8,200 8,500 8,800 5,460 5,565 6,090 6,195 6,405 6,615 6,825 6,930 7,035 7,245 7,455 7,665 9,500 10,000 11,300 7,980 8,190 8,295 8,400 8,610 10,290 10,815 11,340 7,455 7,770 8,085 8,400 7,455 7,770 8,085 8,400 7,455 7,770 8,085 8,400 9,135 7,035 7,140 7,350 7,560 9,450 9,975 10,500 6,300 6,405 6,615 6,825 6,510 6,615 6,825 7,455 7,770 8,085 8,400 6,195 6,300 6,930 7,035 7,245 7,455 7,665 5,670 5,775 6,195 6,300 6,510 6,720 6,930 NON-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 Moved, by Kasper supported by Daly that No. 5654 be adopted,' AYES: Wilcox, Aaron, Barakat, Brennan, Burley, Coy, Daly, Edwards, Gabler, Harrison, Houghten, Kasper, Mathews, Patnaies, Perinoff, Pernick, Powell, Richards, Richardson, Simson, Szabo, (21) NAYS: Horton, (1) 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, I have compared the annexed copy of - Resolution No. 5654 adopted by the Oakland County Board of Commissioners •6•00041.0 .0•0•15••• 000 ......................... 00.004 er••••nn ••• ••• •0•• •••••• at their April 1, 1971 meeting ............. ..... ........... ..... ..„............ ..... ........ with the original recOrd thereof now remaining in my office, and that it f5 z 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...P.P.111. this 1st day of 197.1 Lynn D. Allen Clerk By Deputy Clerk