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HomeMy WebLinkAboutResolutions - 1971.03.17 - 16157March 18, 1971 REPORT RE: MISCELLANEOUS RESOLUTION NO. 5639 AFL-CIO CONTRACT FOR SHERIFF'S DEPARTMENT By Mr. Mainland TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS MR. CHAIRMAN, LADIES AND GENTLEMEN: The Personnel Practices Committee, by Mr. William L. Mainland, Chairman, reports Miscellaneous Resolution No. 5639, with the recommendation that the Resolution be adDpted. PERSONNEL PRACTICES COMMITTEE / ' William L. Mpinland, Chailrman March 4, 1971 RESOLUTION NO RE AFL-CIO CONTRACT FOR SHERIFF'S DEPARTMENT BY: PERSONNEL PRACTICES COMMITTEE -Mr. Mainland TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS MR. CHAIRMAN, LADIES AND GENTLEMEN: WHEREAS, the County of Oakland, the Oakland County Sheriff, and Local 1445, American Federation of State, County and Municipal Employees, AFL-CIO, have been negotiating a Contract covering the employees in the Sheriff's 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 County Sheriff 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 Mr. William L. Mainland, Chairman, moves the adoption of the foregoing resolution. 5639 AGREEMENT This agreement is made and entered into on this day of , A.D., 197/1, by and between the Oakland Ccunty Sheriff and the Oakland County Board of Commissioners, hereinafter referred to collectively as the "Employer", and Local 1445, American Federation of State, County and Municipal Employees, AFL-CIO, Iereinafter referred to as the "Union". It is the desire of both p;rties to this agreement to coltinue to work harmoniously and to prcmote and maintain high standards, between the employer and emploees, which will best serve I. RECOGIITION The Employer recognizes th thc citizens of Oakland County. UEion as the exclusive repre- sentative of the employees of the Oaklald County Sheriff's Depart- ment, for the purposes of collective ba gaining with respect to rates of lay, wages, hours of employment and other terms and condi- tions of ( mployment, in the following 1Drgaining unit for which they have been certified, and in which he Union is recognized as collectiv( bargaining representative, s'bject to and in accordance ' with the irovisions of Act 336 of the 17 blic Acts of 1947, as amended. All employees of the Oakland -aunty . Sheriff's Department, excludig the sheriff, undcrsheriff, captai. and all other executives or super isors, II. MANN EMENT RESPONSIBILITY The right to hire, promote, d scharge or discipline, and to mainta:n discipline and efficiency o - employees, is the sole responsib:lity of the Employer except tat Union Members shall not be discritinated against as such. In a dition, the work schedules, methods aid means of departmental operation are solely and exclu- sively th.. responsibility of the hployir, subject, however, to the provisions of this agreement. III. DUE;.; 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. Cleck-off monies will be deduct'?.d from the second paycheck of each mont 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 no longer a member of the bargaining unt. Any employee may vo]untar_ly cancel or revoke the Authorization for 7.heck-off deduction upon writt,m notice to the Employer and the Union duing the fifteen (15) day period prior to .he expirotion date of the agr ,ement. (c) The Union will protect and sive harmless the Employer from any and a 1 claims, demands, suits and .ther forms of liability, by reason of action taken by the Employer for the purpose of complying with this section. IV. BAST; OF REPRESENTATION Section 1 There shall be one steward ani an alternate steward for each shif.. In addition, there shall 1 one steward and alternate each for he Women's Division and the Dtective's Division. Stewards will be permitted to leave their work, after obtainin,, approval of their respective supervisors and recording their tim-, for the purpose of adjustin,; 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 All be devoted to the prompt handling of grievances and will not )e 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 also be one Chief Steward and one alternate Chief Ste.7ard. Section a. There shall be a grievance committee consisting of the Chief Steqard and two other members to •ae selected by the Union and certified in writing to the EmployEr. The Employer shall meet wkenE7er necessary, at a mutually convenien time, with the union grieval:ce committee. The purpose of grieValce committee meetings will b. to adjust pending grievances, and to di3cuss procedures for avoiding future grievances. In addi- tion, the committee may discuss with ti 2 Employer other issues which would impcove the relationship between the parties. V. GRII/ANCE PROCEDURE The Employer and the Unien stpport and subscribe to an orderly r,-thod of adjusting employee grievances. To this end, the Employer €nd the Unic agree that an c,Iployee shou:1 first bring his problm or grievance to the attend') 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 riot 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 sett1ad informally, it shall be discussed with the shift Stevard 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 shift steward and the immediate supervisor, and the Chief Steward if so desired. The Elpervisor will attempt to adjust the matter and will give his written decision withir. five (5) days (excluding Saturday, Sunday and holidays) of receipt of the written! griavance. Step 3. Any grievance not settled:, at 3tep 2 may be submitted to the next meeting of the grievance committee.. Any grievance not submitted to the next griavance comMittee meeting, by written notification to the Eaployer within five (5) days of the immediate supervisor's written decision, shall be considered dropped. Any matter not settled in Ste? 3 of the grievance procedur( may be sulmitted to final and binding e:bitration by either of the parties.. A request for arbitration mus: be submitted by written notice tc the other party within fifte,,E (15) days ,ifter the grievalle committee meeting. Expenses for arbit/ition shall be borne equally (4) by both arties. 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, to,the next step as prescribed, shall be considered dropped and the last decision final and binding, except tlat time limits may be extended by mutual agreement of the Parties. VI. BULLETIN BOARD The Employer shall assign a Jacked bulletin board which shall be used by the Union for posting notices, bearing the written approval of the President of the Union local, which shall be re- stricted to: (a) Notices of Union recreational and social affairs; (b) Notices of Union electicns; (c) Notices of Union appointments and results of Union elections; (d) Notices of Union Meetim.s_; (e) Other notices of bona Ede Union affairs Which are not political or lihelois in nature. VII. SEN])RITY New employees may acquire seLiority by working six (6) continuoc-3 months, in which event the (mployee's seniority will date bacI to the date of hire into the department. When the employee acquires seniority, his name shall be ilaced on the seniority list, in the oiler of his seniority date., An up-to-dace seniority list shall be furnished to the Union eve ,:y six (6) months. (5) An ..-Aployee shall lose hisseniorit-, Zor 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 Inot: return to work at the end of an approved leave (e) If the employee does not return to work when recalled from a layoff. VIII. LAOFF, RECALL, AND TRANSFERS (a) If and when it becomes necesary for the Employer to re- duce the number of employees in the i wozk force, the employees will be laid sff in seniority order, based ch. capability of performing availabli. jobs and shall be recalled the same order. (b) If and when an employee is p(,rmanently transferred to another division within the Department the president or chief stewald - shall be notified of said transfer by lie employer. IX- PRO; OTIONS . All promotions within the be :gaining unit shall be made on the bsis of competitive examinatioH. as provided for in the Oak- land County Merit System. The Shetiff will make his selection for promotio from the three highest ranki ,A.g candidates who have passed the prom , tional examination. X. PALE ARREST INSURANCE Employees covered by this agreement shall be provided, by the Emplyer, a poliPy of False Arrest liability insurance. The premiums for such insurance will be paAJI by the County. XI. GENEl'AL Cv6DITIONS- 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 employecs,in the bargaining unit. The/a shall be no discrimination as to age sex, marital status, race, colcr, 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 i emiloyees and probationary employees who are veterans will be limited by applicable laws and regulatioLs. Section 4, Employees elected to any perma nent full time union office or select d by the Union to do work whifh takes them from their employmen- be grante not excee' with the County, shall at thc written request of the Unior , a leave of absence withoUt pay. The leave of absence shalt two (2) years, but it shall 1.e renewed or extended for a similar priod at any time upon thawriten request of the Union. Section 5 When any position not listed ( n the wage schedule is fillec or establ shed, the County may designau a job classification and rata structure for the position. In the evett the Union does not agree tt -at the clasification, / te or structure are proper, the Union shall ha .a the right to submit the issue as a.,1 grieance through the grievance (7) procedure within a six (6) month period. XII. ADOITION BY REFERENCE OF RELEVANT RESUUTIONS 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 System, which incorporates the Oakland County Employee's Handbook, are incorporated here-a by reference anj made a pal, hereof to the sa.,,e 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 maintainee during the term of this agre( meat. No employee shall suffer a reductia in such benefits as a con!seuence of the execution of this agreement. XIV. ECOIDNIC MATTERS The agreement between the parties on economic matters are set. forth in Ippendix A and Appendix B attached hereto and. are incorporated into this collective bargaining agreemeIt -, subject to the terms and conditions thereof. XV. NO STRIKE - NO LOCKOUT 73nder no circumstances will the Union cause or authorize or permit it members to cause, nor will ai-y 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 alwork stoppage or other curtailmert, the Union shall immediately instructIth( involved employees in writing, that theit conduct is in violation of the contract and that all such persons stall immediately cease the Offending conduct. (8) The Employer will not lockout any employees of the bargain- ing unit during the term of this agreement. XVI. DURATION 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 thelafter unless either party shall notify the other, in writing, Sixty (60) days prior to the anniversaly date, that it desires to ma.ify this agreement. In the event thai such notice is given, negOtitions shall begin not later than sixt (60) days prior to the annivc.rsary date. This agreement shall rem in in full force 9nd be effective during the period of negotiaticns and until notice of terMinztion of this agreement is provided o the other party in the mann,r set forth in the following • paragraph In the event that either part :• desires to terminate this agreement written notice must be given to the other party no less than ten (nys prior to the desired term'mation date which shall not be before the anniversary date set fort in the preceding paragraph. It is agreed and understood t.lat the provisions contained herein sh..11 remain in full force and efect so long as they are not in violat.on of applicable statutes and ordinances and remain within the juris.Action of the County of Oaklatd. AMERICtN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES 'LOCAL 1445, AFL-CIO OAKLAND COUNTY SHERIFF Frank Irons, Sheriff COUNTY OF OAKLAND, A Michigan Constitutional Corporation By William M. Richards, Chairman; and Lynn D. Allen, Clerk of its Board of Commissioners SHERIFF'S DEPARTMENT AGREEMENT APPENDIX A I. SALARIES The fpllowing merit salary schedule shall prevail during the term of this colleztive bargaining agreement: JANUARY 1,1971 THROUGH DECEMBER 31, 1971 CLASSEFICATION BASE 3 MO. 6 MO. 1 YR. 2 YR. 3 YR. 4 YR. ACcount Cork I 6,300 6,405 6,310 6,720 6,9.:0 7,140 Clerk III 6,825 6,930 7,035 7,245 7,455 7,665 Corporal 12,800 Flat Rate Court Ser‘i, Officer III 13,300 Flat Rate Detective 13,300 Flat Rate Drivers Lis. Examiner 6,600 6,700 6,800 7,000 7,20) 7,400 General 11,7..Lnt, Mechanic 8,190 8,348 8,505 8,820 9,135 I. D. TeclAician II 10,800 11,300 11,800 12,30) 12,800 Jail Corpcal 12,800 Flat Pate Jail Guard 10,300 10,800 11,300 11,80) 12,300 Jail Matrci 6;600 6,700 6,800 7,000 7,20) Patrolman 10,300 10,800 11,300 11,80) 12,300 Police Ser3eant 13,300 Flat Tate Police Sgt./Wtr. & Safety 13,300 Flat Tate Radio Dispitcher Second Cock Teletype C)erator Typist I Typist II 6,090 6,405 6,600 5,460 5 6,090 6,195 6,300 6,510 6,72) 6,930 6,510 6,615 6,825 6,700 6,800 7,000 7,20) 7,400 56f 5,670 5,775 6,195 6,300 6,510 6,72) 6,930 NOTE: As a result of the increase from dIree (3) to four (4) years of base to mo-mum rate, te employees in t elassificions of Jail Gua.:--(:, Identi- fication Technician II, and Patretman will remain in the same rlative position in the wage scale in relation to the maximum rate of tne indi- vidial classification. Appcmdlx A (ConJ:inuo.71) JANUARY 1, 1972 THROUGH DEMMER 31,1192 BASE 3 MO. 6 MO, 1 YR. 2 YR. 3 YR. 4 YR. 6,300 6,405 6,510 6,720 6,930 7,140 6,825 6,930 7,035 7,245 7,455 7,665 13,800 Flat Late 14,300 Flat Late 14,300 Flat nate 7,200 7,300 7,400 7,600 7,Er.)0 8,000 8,190 i 8,348 8,505 8,820 9,135 I. D. Techaician II 11,800 12,300 12,800 13,300 13,800 **Jail Corpocal 13,800 Flat .Late **Jail Guard 11,300 11,800 12,300_ 12,8)0 13,300 **Jail Matroa 7,200 7,300 7,400 7,600 7,8)0 Patrolman 11,300 11,800 12,300 12,8)0 13,300 Police Sereant 14,300 Flat tate Police Sgt./Wtr. & Safety 14,300 Flat :ate *Radio Dispatcher 6,090 6,195 6,300 6,510 6,7?.0 6,930 *Second Coo. 6,405 . 6,510 6,615 6,825 Teletype 0?erator 7,200 ; 7,300 7,400 7,600 7,8)0 8,000 *Typist I - 5,460 5,56; 5,670 5,775• *Typist II 6,090 6,195 6,300 6,510 6,720 6,930 *These clas;ifications are subject to review by the Employer prior to -)ecelTber 31, 1971 la order for the Employer to d-ttermine any necessary classification readiustmeats and any possible wage Eappications. **At the tin the new jail opens, the jai _ classifications will be rest died by the Employ?.r in relation to the then retuired job functions in order or the Employer tp determine the relative posi:ions of the existing or possiJle required IlDW classifications in the salAry structure. CLASSIFICATION *Account Clerk I *Clerk III Corporal Court Serv, Officer III Detective Drivers 1,117.s. Examiner *General MaLnt. Mechanic I I Premium Pay - -ivers (a) Divers shall receive straight time pay for on-duty hours of work. (b) For all hours on the job other than on-duty hours, the divers shall receive time and one-half pay. *(c) The divers shall receive premium pEy of $2.00 per hour over and above the rates set forth in seetiens (a) and (b) above, when per- forming diving activities. *(d) When diving under the ice, divers Fhall receive premium pay of $4.00 per hour over and above the rates et forth in section (a) and (I) above. *Computation of the $2.00 per hour and $1-00 per hour premium pay shall be computed to the nearest one-half (112) lour. Bonus - Helicopter Pilot While performing the function: of a helicopter pilot an emp .oyee will recei-e a $500 annual bonus to be laid bi-weekly. II. COURT APPEARANCES_ When officers are required to appear in court, they shall b, compensate ,t at the rate of time and One half for all time spent in co Art, with a guaaatee of a minimum of two hors pay per day. - 'rnder the following condition : - Case must be of a crimina: nature. Officer must be off duty it court time. III. CLOT.IING AND EQUIPIMNT (a) ion-uniformed officers will ri.ceive $200 per year for cloth.ng and cleaniAg allowance, payable in inst.11ments of $100 in June and $ 00 in Decembe.: of each year. (b) .1.11 guns, uniforms and equipm-nt supplied by the County remain Co-rty property and separating uties will be required to rturn all uniforAs and equipment to the Sherif. Appendix A (Continued) (c) 'Jniforms will be furnished for female employees of a type required by their job assignment. All uniforms will remain County property aid separating employees will be required to return all uniforms t ,) the Sheriff. (d) The County will provide cleaning of uniforms for uniformed personnel 3f the department and it is understood that the individuals will not a3use this privilege by requesting excessive cleaning. SHERIFF S Dr.PARTYENT A cr,--Tmr:T APPENDIX B For the following fringe benefits refer to the Oakland County_ Employee's Handbook: L. Injury on the job. 2. Holidays 3. Leave ol 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 C ,unty employees on a,county-wite basis and incorporated into the Oaklad County Employee's Handbook than_ also be applied to the employees covered in this collective ba7gaining agreement. Moved by Mainland supported by Lennon the resolution be adopted. Discussion followed. AYES: Perinoff, Pernick, Richards, :Richardson, Simson, Wilcox, Aaron, Barakat, Brennan, Burley, Daly, Edwards, Harrison, Hounhten, Lennon, Mainland, Mathews, Olson. (18) NAYS: Powell, Bawden, Gabler, Kasper, Patnales. (5) A sufficient majority having voted therefor, the resolution was adopted. March 18, 1971 FINANCE COMMITTEE REPORT RE: AFL-C10 CONTRACT FOR SHERIFF DEPARTMENT TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS MR. CHAIRMAN, LADIES AND GENTLEMEN: Pursuant to Rule 11-c of this Board, the Finance Committee reports that there is the sum of $202,529.00 available, of which $154,874.00 is available in the Contingent Adjustment Section of the 1971 Salaries Reserve Fund, and the sum of $47,655.00 in the 1971 Contingent Fund, and moves that the sum of $154,874.00 be appropriated from the Contingent Adjustment Section of the 1971 Salaries Reserve Fund and the sum of $47,655.00 from the 1971 Contingent Fund to the Sheriff's Budget for 1971. FINANCE COMMITTEE (dames M. Brennan, Chairman Moved by Brennan supported by Daly ,the -reportbe adopted. AYES: Pernick, Richards, Richardson, Simson, Wilcox, Aaron, Barakat, Brennan, Burley, Daly, Edwards, Harrison, Lennon, Mainland, Mathews, Olson, Perinoff. (17) NAYS: Powell, Bawden, Gabler, Horton, Houghten, Kasper, Patnales. A sufficient majority having voted therefor, the motion carried, (7) 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.1 have compared the annexed copy of Resolution #5639 and Finance Committee Report adopted by the ............. ......... ..... ...... ....... ............. Oakland County Board of Commissioners at their March 18, 1971 meeting 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. affixed the seal of said County at 19th March 71 this day of 19... Clerk By Deputy Clerk In Testimony Whereof; 1. have hereunto set my hand and Pontiac, Mich.