HomeMy WebLinkAboutResolutions - 1971.03.31 - 15965April 1, 1971
RESOLUTION NO. 5665
RE: RIGHT-OF-WAY
THE DETROIT EDISON COMPANY
BY: PLANNING AND BUILDING COMMITTEE - Mr. Edwards
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
MR. CHAIRMAN, LADIES AND GENTLEMEN:
WHEREAS, the Detroit Edison Company has requested from the
County of Oakland a Right-of-Way for the installation of necessary
poles, guys, anchors, wires and equipment upon, over and across the
following described property:
Part of the N.E. 1/4 of the N.E. 1/4 of Section 18 T3N,
R10E, described as commencing at the East 1/4 corner of
Section 18, thence North on East Section line 1702.29 feet
to point of beginning, thence North on East Section line
329.06 feet, thence N. 89 ° 45' West 877.08 feet to point
of tang., thence along 9° 30 curve to the left with center
angle of 41° 19' 30" Distant 435 feet to point of tang.,
thence S. 48° 55' 30" W. 37.01 feet to North and South 1/8
line of East 1/2 of Section 18, thence South on said 1/8
line 160 feet, thence East to point of beginning. :9.5 acres,
Excepting East 43 feet;
and
WHEREAS, your Committee recommends that the County :grant said
Right-of-way;
NOW THEREFORE BE IT RESOLVED that the Chairman and Clerk of
the Oakland County Board of Commissioners be and they are hereby
authorized to execute a Right-of-Way in the form attached hereto
to the Detroit Edison Company for the
utility poles and guy wires.
The Planning and Building Committee, by Charles B. Edwards, Jr.,
Chairman, moves the adoption of the foregoing resolution.
PLANNING & BUILDING COMMITTEE
nstallation of necessary
Charles B. Edwards, Jr., Chairman
OAKLAND COW .,j,'
!NUR-WAR rmtikrAt PADA() April 2 1971
. Robert P. Allen
Julia Maddock
Detroit Edison Company Right-of-Way
Enclosed please find the original of the above right-of-way
which has been executed by the 'Chairman and Clerk of the
Board of Commissioners.
R. P. A.
/ck
Enc.
Oakland Pontiac of , County of
as follows:
, State of Michigan and further described
Date
For good and valuable considerations, the right is hereby granted to The Detroit Edison Company,
2000 Second Avenue, Detroit, Michigan, 43226, its successors and assigns, to construct line facilities for the purpose
of providing electric service and Company communication -.facilities including the necessary poltfs, guys, anchors,
wires and equipm. at upon, over and across the property described hereinafter. The rights hereby granted include the
right of access to and from the said premises, the right to construct, reconstruct, modify, operate and maintain said
line facilities, and to trim or cut down. any trees belonging to the grantor, either within said right of way or upon the
lands of the grantor adjoining said right of way, which, in! the opinion of the grantee, at any time interfere with the
construction and operation of said line facilities. It is expressly understood and agreed that the grantee shall, at no
time, trim, or cut down any .trees unless, in the grantee's opinion, it is absolutely necessary to do so. Upon the writ-
ten consent of the grantee, buildings or structures may be placed within said right of way. This grant shall be binding
upon the successors and assigns of the grantors.
The property over which this grant is conveyed is situated in the City
Part of the N.E. 1/4 of the N.E. 1/4 of Section 18, T3N, R10E, described as commencing
at the East 1/4 corner of Section 18, thence North on P.pst Section line 1702.29 feet
to point of beginning, thence North on East Section line 329.06 feet, thence No 8945'
West 877,08 feet to point of tang., thence along 9°30, curve to the left with center
angle of 41 °19'30" Distant 435 feet to point of tang., thence S. 48°55,30"W. 37.01
feet to North and South 1/8 line of East 1/2 of Section 18, thence South on said 1/8
line 160 feet, thence East to point of beginning. 9.5 acres Excepting East 43 feet.
THE ROWE OF SAID LINES SHALL BE AS FOLLOWS: In a Northerly and Southerly direction
across above described property along a line approximately 730 feet West of the East
property line,
Clear cut 20 foot smth through trees. Dispose of trees and brush.
Witness: X , (Sign.cd)_X
Dee April 2, 1971
For go=i)d..
2000 Second Avro
of providing- c.
wires aryl e.T.Ii.p7174
right of sr e.ss to
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The propei.:ty ovrr
Pontiac
as
Oakland a ri
Clear out 20 foot swath through trees. Dispose o nd brush.
ary LQuise uolt.rison
4/
677: Allen, Clerk, Oakland County
:Bord of Commissioners
Part of the N.E. 1/4 of the NaE. 1/4 of Section 18, T3N, R10E, den 717:
at the East 1/h corner of Section 18, thence North on East Sect5 llna 1702.29 A7oot
to point of beginning, thence North on Laat Section line 329,06 thonce N. 69%5'
WwA: 877.O8 feet to point of tang., thence Tong 9'30 curve to the let with center
,VDT of h1"l9 1 31(i Distant 435 feet to point of tang, theric .50 W55 1 30" W.
feet to North and South. 1/8 line of East 1/2 of eet.ion 1 , South on a
line 160 feet, tbenoo -24Ast to point of bog.),nning* 9*5 aerea Excepting East
777=77 or SAID TAXES SHALL BZ AS FOLDUZ: In a Northerly and. Ste
•3ro5$ i5ye deacribed propertN Oong a lioe approximately 730 f&t , 'lest of
pr.7.pert:? line.
7 g 4 j _ Will Lliairman
Oaklnd Countv E-7‘rd of Commissioners
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11 5665
Moved by Edwards supported by Wilcox the resolution be adopted.
AYES: Simson, Szabo, Wilcox, Aaron, Brennan, Burley, Coy, Daly,
Edwards, Gabler, Harrison, Horton, Houghten, Kasper, Mathews, Patnales,
Perinoff, Pernick, Powell, Richards, Richardson. (21)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
April 1, 1971
REPORT
By Mr. Kasper
IN RE: MISCELLANEOUS RESOLUTION NO 5655 - AFL-C10 CONTRACT FOR
OAKLAND COUNTY ANIMAL WELFARE DEPARTMENT
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 5655, with the recommendation that the
resolution be adopted.
5655 RESOLUTION NO.
March 18, 1971
RE: AFL-CIO CONTRACT FOR OAKLAND COUNTY
ANIMAL WELFARE DEPARTMENT
BY: PERSONNEL PRACTICES COMMITTEE - Mr. Mainland
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
MR. CHAIRMAN, LADIES AND GENTTRMEN:
WHEREAS, the County of Oakland, the Oakland County Animal
Welfare Department, and Local 1998 ; American Federation of State,
County and Municipal Employees, AFL-CIO, have been negotiating a
Contract covering the employees in the Oakland County Animal Wel-
fare Department; 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 Oakland CountyjAnimal Welfare Department
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 Agree-
ment, a copy of which is attached hereto.
The Personnel Practices Committee, by Mr. William L. Mainland,
Chairman, moves the adoption of the foregoing resolution.
PERSONNEL PRACTICES COMMITTEE 0/1/1 I .
d
William L. /Mainland, Chairman
THE COUNTY OF OAKLAND
AND
AMERICAN FEDERATION OF STATE, COUNTY
AND MUNICIPAL EMPLOYEES, AFL-CIO COUNCIL 23
ANIMAL WELFARE DEPARTMENT EMPLOYEES
Collective Bargaining Agreement
1971 - 1972
AGREE-MENT
This agreement is made and entered into on this
day of , A.D., 1971, by and between
The Oakland County ANIMAL WELFARE DEPARTMENT 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 the employees of the Oakland County ANIMAL WELFARE
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 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 Deputy Dog 'Wardens and Kennelmen,
excluding clerical and supervision.
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 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
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 state-
ment 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-
duction 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 I.
There shall be one steward and one 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
(2)
report their time to their supervisor!npon 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 2.
There shall be a grievance ommittee consisting of the Local
president, the chapter chairman and steward to be 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.
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 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
(3)
• 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 appropriate steward and shall be
reduced to writing, signed by the grievant and submitted
to his immediate superviser.
Step 2.
The written grievance shall be discussed between the
steward and the immediate supervisor, 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 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 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 Ame lean Arbitration Association.
(4)
Any cvance not appealed, from a de -sion 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 a bulletin
board which shall be used by the Union for posting notices, bearing
the written approval of the Chapter Chairman, 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
New Employees may acquire seniority by working six (6)
continuous months, in which event the employees seniority will
date 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;
(5)
(c) If the employee is absent from work for three working
days, without properly notifying the Employer, unless
a satisfactory reason is given;
If the employee does not return to work at the end
of an approved leave;
If the employee does not return to work when recalled
from A layoff.
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.
(b) If and when an employee is permanently transferred to
another division within the Department, the president or steward
shall be notified of said transfer by the employer.
IX. 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.
X. 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.
(d)
(e)
(6)
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.
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.
Granting of such leave shall be limited to one employee.
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 REFERFECE OF RELEVANT
RESOLUTIONS AND PERSO:-;NEE 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 agree-
ment, and all other benefits and policies provided for in the 04-
land 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,
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 bar-
gaining 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 bar-
gaining unit during the term of this agreement.
(8)
XVI. DURATIO
This agreement shall remain in full force and effect from
January 1, 1971, to midnight, December 31, 1972. It shall be auto-
matically 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 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 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 Oakland County
Animal Welfare Department 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 provisions,
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 EMPLOYEES
METROPOLITAN COUNCIL NO. 23,
AFL-CIO, LOCAL 1998
'OAKLAND COUNTY ANIMAL WELFARE DPPARIT
F. Hugh Wilson, DVM
• Director of Animal Welfare
COUNTY OF OAKLAND, A Michigan
Constitutional. Corporation
By
William M. Richards, Chairman;
and
Lynn D. Allen, Clerk of its
Board of Commissioners
ANIMAL WELFARE
AGREEMENT
• APPENDIX A
SALARIES
The following merit salary schedule shall prevail during the term
of this collective bargaining agreement:
JANUARY 1, 1971 THROUGH DECEMBER 31, 1971
/CLASSIFICATION BASE 6 MO. 1 YEAR 2 YEAR 3 YEAR
Deputy Dog Warden 8,050 8,300 8,550 9,050 9,550
Kennelman 8,050 8,325 8,600
NOTE: The salary range for the Deputy Dog Warden classification
has been decreased from four (4) years to three (3) years,
however, employees presently in the classification will
remain in the same monetary position in relation to the
maximum rate of the classification. In view of this and
as all Deputy Dog Wardens are to receive a bargained
increase of $550, and all Rennelmen an increase of $500,
this will result in some employees temporarily receiving
wage rates between the above scheduled rates until their
next scheduled merit increase date.
JANUARY 1, 1972 THROUGH DECEMBER 31, 1972
CLASSIFICATION BASE 6 MOS.., 1 YEAR 2 YEAR 3 YEAR
Deputy Dog Warden 8,500 8,750 9,000 9,500 10,025
Kennelman 8,500 8,775 9,050
ANIMAL WELFARE
AGREEMENT
APPENDIX B
For the following fringe benefits refer to the Oakland County
E.nai s9If2i.L11[2.11:
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. Vacation
Ii
Economic benefits of a fringe nature officially applied to
Oakland County employees on a county-wide basis and incorporated into
the Oakland County Employee's Handbook shall also be applied to the
employees covered in this collective bargaining agreement.
Moved by Kasper supported by Richardson that Resolution No. 5655
be adopted.
AYES: Szabo, Wilcox, Aaron, Brennan, Burley, Coy, Daly, Edwards,
Gabler, Harrison, Houghten, Kasper, Mathews, Patnales, Perinoff, Pernick,
Powell, Richards, Richardson, Simson. (20)
(1) NAYS: Horton.
A sufficient majority having voted therefor, the resolution was adopted.
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
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 #5695 adopted at the April 1, 1971 meeting of the Oakland
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County Board of Commissioners .................................... 9 eeo.uoirvee0O4q0Mil000400Q0POIDO .ove
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 sea/ of said County at Pontiac, Michigan
1st April 19 7).
Lynn D.
•
By ...........„.........,.............Deputy Clerk