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HomeMy WebLinkAboutResolutions - 1971.03.17 - 1616571 William L. Mainland, Chairman March 18, 1971 RESOLUTION NO . 5655 RE: AFL-CIO CONTRACT FOR OAKLAND COUNTY ANIMAL WELFARE DEPARTMENT BY: PERSONNEL PRACTICES COMMITTEE - Mr. Ma inland TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS MR . CHAIRMAN, LADIES AND GENTLEMEN: 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 BR IT RESOLVED that the Agreement between the County of Oakland, the Oakland County Animal 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 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 tima 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 2. There shall be a grievance committee 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 grievancecommittee 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 Alich 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 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. §LULJI. 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 supervisor. 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 American Arbitration Association. (4) Any ievance not appealed, from a de ion in one of the steps of the grievance proceAuro; 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 employee's 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; (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. VIM 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. /(,= 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. (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. (7) XII. ADOPTION BY REFERENCE, OR 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 agree- ment, and all other benefits and policies provided for in the Oak-7 • 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. DURAT10- 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. (9) AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES METROPOLITAN COUNCIL NO. 23, . AFL-CIO, LOCAL. 1998 OAKLAND COUNTY ANIMAL WELFARE DEPARTMEN1 F. Hugh Wilson, D.V.M. Director of Animal Welfare COUNTY OF OAKLAND, A Michigan Constitutional Corporation . By William M. Richards, Chairman; and Lynn D. Allen, Clerk of its Beard 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 Kennelmen 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 MOB. 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 Employee's 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. 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. The resolution was referred to the Finance Committee. There were no objections.