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HomeMy WebLinkAboutResolutions - 1970.02.19 - 16423RESOLUTION 292N NO. February 19, 1970 RE: AFL-CIO CONTRACTS FOR PROBATE COURT BY: PERSONNEL PRACTICES COMMITTEE - tiro Mainland TO THE OAKLAND COUNTY BOARD OF SUPERVISORS MR. CHAIRMAN, LADIES AND GENTLEMEN: WHEREAS, the County of Oakland and Local 1445, American Federation of State, County and Municipal Employees, AFL-CIO, have been negotiating two Contracts on behalf of the Probate Court em- ployees, one Contract for Probate Court Caseworkers and one Contract for Probate Court Non-Caseworkers; and WHEREAS, said Contracts have been reached and reduced to writing; and WHEREAS, said Contracts have been reviewed by the Personnel Practices Committee which recommends approval of the Contracts; and WHEREAS, said Contracts require an amendment to the 1970 Budget; and WHEREAS, the financing of the necessary budgetary amendments have been reviewed by the Finance Committee which has attached a Fiscal Note. NOW THEREFORE BE IT RESOLVED that the Contracts between the County of Oakland and Local 1445, American Federation of State, County and Municipal Employees, AFL-CIO, be and the same are 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 Contracts, copies of which are attached hereto. BE IT FURTHER RESOLVED that the 1970 Budget be amended as follows: I. Transfer from the Salary Reserve Fund, the sum of $13,700.00 to the Salaries Portion of the Probate Court's 1970 Budget. William L. Mainland, Chairman Paul E. Kilsper Lew L. ..Coy Delos Hamlin Dennis IM. Aaron 1 1,-A 2, Transfer from the 196. Surplus, the sum of $73,947.00 to the Salaries Portion of the Probate-Juvenile Court's 1970 Budget. 3. Transfer from the 1969 Unappropriated Surplus, the sum of $71,450.00 to the Salaries Portion of the Probate-Childrens' Village 1970 Budget0 4. Transfer from the 1969 Unappropriated Surplus, the sum of $18,520.00 to the Salaries Portion of the Probate-Camp Oakland's 1970 Budget. MR. CHAIRMAN, on behalf of the Personnel Practices Committee, I move the adoption of the foregoing resolution. PERSONNEL PRACTICES COMMITTEE Chris° FINANCE COMMITTEE Grba Fred D.:Houghten, Cha'irman ,resomg Delos Hamlin lary Mead Bawden ,Altrid F0. Sza6-6 February 19, 1970 it560144T-TOW FINANCE COMMITTEE FISCAL NOTE RE: AMENDMENT TO THE 1970 BUDGET TO THE OAKLAND COUNTY BOARD OF SUPERVISORS MR. CHAIRMAN, LADIES AND GENTLEMEN: Pursuant to Rule 15-B of this Board, the Finance Committee has reviewed the recommendations of the Personnel Practices Com- mittee to amend the 1970 Budget to implement the aforementioned Contracts, AND FINDS the sum of $13,700.00 to be available in the 1970 Salary Reserve Fund and the sum of $163,917.00 to be available in the 1969 Unappropriated Surplus and further moves that the sum of $13,700.00 be appropriated from the 1970 Salary Reserve Fund to the Salaries Portion of the Probate Court's 1970 Budget, and the sum of $163,917.00 be appropriated from the 1969 Unappropriated Surplus to the Salaries Portion of the Probate-Juvenile Court's 1970 Budget, the Salaries Portion of the Probate-Childrens'Village 1970 Budget, and the Salaries Portion of the Probate-Camp Oakland's 1970 Budget, as set forth in the attached resolution. #5292 Moved by Mainland supported by Perinoff the resolution be adopted. Discussion followed. Mr. Brennan opposed the resolution. A sufficient majority having voted therefor, the resolution was adopted. JUVENILE COURT JUDGES DONALD E. ADAMS NORMAN R. BARNARD EUGENE ARTHUR MOORE JAMES W. HUNT OIRECTOR., JUVENILE SERVICES JOHN E. DOWSETT AssisrANIT Mkt CTOR, JUVENILE ANDREW T. YANG. PH.D, COSREANATOR, RESEARCH, TRAINING AND CLINICAL SERVICES Itivettae Gnat fur tile (gaunt of daklartb OAKLAND COUNTY COURT HOUSE OAKLAND COUNTY SERVICE CENTER PONTIAC, MICHIGAN 4E1053 TELEPHONE 336-4751 February 19, 1970 Mk. Howard Draft, Staff Representative Metropolitan Council #23 AFSC & ME, AFL-CIO 2345 Cass Avenue Detroit, Michigan RE: Lettfla_t_Vnclft 2L J.LfE.Inen.t of Damed Clothing Dear Mr. Draft: During the recent negotiations on the collective bargaining between Local 1998, Council 23, of the American Federation of State, County and Municipal Employees, and the County of Oakland, there was considerable discussion between the parties pertaining to replacement of damaged clothing. The discussions resulted in an understanding between the parties to the effect that when it has been established that the clothing of a Children's Supervisor has been damaged in pursuance of his job, such clothing shall be replaced. Sincerely, ô. ALAI es W. Hunt, Director JUVENILE COURT JUDGES. DONALD E. ADAMS NORMAN R. BARNARD EUGENE ARTHUR MooRE luvettile (gourt for tI Comfy >altlanb OAKLAND COUNTY COURT HOUSE OAKLAND COUNTY sEavicE C4NTER PONTIAC, M1CH/GAN 48053 TELEPHONE 338.4751 February 19, 1970 JAMES W. HUNT DIRECTOR, JUVENILE SERVICES JOHN E, DOWSETT ASSISTANT DIRECTOR, JUVENILE SERVICE ANDREW T. YANG, PH.O. COORDINATOR, RESEARCH, TRAINING AND CLINICAL, SERVICES Mr. Howard Draft, Staff Representative Metropolitan Council #23 AFSC 6, ME, AFL-CIO 2345 Cass Avenue Detroit, Michigan RE: Letter of Understanding_.- Notice on Shift Change Dear Mr. Draft: During the recent negotiations on the collective bargaining between Local 1998, Council 23, of the American Federation of State, County and Municipal Employees, and the County of Oakland, there was considerable discussion between the parties pertaining to giving notice to Children's Supervisor employees when assigned to a shift other than their regular work shift. The discussions resulted in an understanding between the parties to the effect that Children's Supervisors will be given a three (3) day notice, when possible, if assigned to a shift other than their regular work shift. Sincerely, JntIA) 14.i. 444,,,1 es W. Hunt, Director AGREEMENT This agreement is made and entered into on this Nineteenth day of February H AD., 1970, by and between the Oakland County Probate Court and the Oakland County Board of Supervisors, hereinafter referred to collectively as the "Employer", and Local 1998 5 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 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 deduction upon written notice to the Employer and the Union fifteen - (15) days 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 1. There shall be one steward and an alternate steward for the following locations and shifts: Childrens 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 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. 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 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 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 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 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 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, 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 bulletin 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 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 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. 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. (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. 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 Supervisors, 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' Hand- book, 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, 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 bargaining unit during the term of this agreement. XVI. DURATION This agreement shall remain in full force and effect until midnight, December 31, 1970. 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 termination of this agreement is provided to the other party in the manner set forth in the following paragraph. (9) COUNTY-RE OAKLAND, a Michigan ConStit4tiona1 Corpora n; an Lynn D. Allen, Clerk of its Board of Supervisors 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 juris- diction, 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 498 OAKLAND COUNTY PROBATE COURT 147 Ci 6/4L14.4.-.7 udge D-Onald E. Adams Senior Probate Judge NON-CASEWORKER AGREEMENT APPENDIX A SALARIES The following merit salary schedule shall prevail for the period from January 1, 1970 through December 31, 1970: 3 6 - 1 2 3 4 Classification Account Clerk II Children's Supervisor I Children's Supervisor II Clerk I Clerk II Clerk III Court Reporter Court Reporter II Court Reporter Trainee Court Service Officer I Court Service Officer II Departmental Clerk Deputy Juvenile Register Deputy Probate Register I Deputy Probate Register II First Cook General Staff Nurse Probate Court Clerk Second Cook Secretary Stenographer I Stenographer II Typist I Typist II Base Months Months Year Years Years Years 7,200 7,350 7,350 7,500 7,650 7,950 8,250 8,550 Flat Rate 5,000 5,100 5,200 5,300 5,700 5,800 5,900 6,100 6,300 6,500 6,500 6,600 6,700 6,900 7,100 7,300 8,300 8,800 9,300 10,000 10,500 7,400 - 7,600 7,800 7,800 7,900 8,000 8,200 9,300 9,800 10,300 10,800 6,800 7,100 7,400 7,700 8,000 6,800 7,100 7,400 7,700 8,000 6,800 7,100 7,400 7,700 8,000 8,400 8,700 6,600 6,700 6,800 7,000 7,200 8,500 9,000 9,500 10,000 5,900 6,000 6,100 6,300 6,500 6,100 6,200 6,300 6,500 6,800 7,100 7,400 7,700 8,000 5,700 5,800 5,900 6,000 6,500 6,600 6,700 6,900 7,100 7,300 5,200 5,300 5,400 5,500 5,800 5,900 6,000 6,200 6,400 6,600 7,500 7,800 8,100 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 JUVENILE COURT JUDGES DONALD E. ADAMS NORMAN R. BARNARD EUGENE ARTHUR MoORE 'Autunite (fivurt far tile Count of tlinkIna OAKLAND COUNTY COURT HOUSE OAKLAND COUNTY SERVICE CENTER PONTIAC, MICHIGAN 48053 TELEPHONE 33e-475i February 19, 1970 JAMES W. HUNT DIRECTOR, JuVENILE SERVICES JOHN E. DowsETT Assis-rm,r DI RECTOR, JUVENILE SERVICE ANDREW T. YANG. PH .D. cOORDiNATOR, RESEARCH, TRAINING AND CLINICAL SERVICES Mt., Howard Draft, Staff Representative Metropolitan Council #23 AFSC & ME, AFL-C10 2345 Cass Avenue Detroit, Michigan RE: Letter of Understanding - Replacement of Damaged Clothing. Dear Mr. Draft: During the recent negotiations on the collective bargaining between Local 1998, Council 23, of the American Federation of State, County and Municipal Employees, and the County of Oakland, there was considerable discussion between the parties pertaining to replacement of damaged clothing. The discussions resulted in an understanding between the parties to the effect that when it has been established that the clothing of a Children's Supervisor has been damaged in pursuance of his job, such clothing shall be replaced. Sincerely, es W. Hunt, Director JUVENILE COURT JUDGES DONALD E. ADAMS NORMAN R. BARNARD EUGENE ARTHUR moons JAMES W. HUNT DIRECTOR, JUVENILE SERVICES JOHN E. DOWGETT ASSISTANT DIRECTOR, JUVENILE SERVICE ANDREW T. YANG, PHA:), COORDINATOR, RESEARCH, TRAINING' AND CLINICAL SERVICES RE: Letter of Understandin - Notice o Shift Chanat I W. aes W. Hunt, Director aluumile Court for tlie County of Oqddanb OAKLAND COUNTY COURT HOUSE OAKLAND COUNTY SERVICE CENTER PONTIAC, MICHIGAN 48053 TKLEPHONE 3384751 February 19, 1970 Mt. Howard Draft, Staff Representative Metropolitan Council #23 AFSC & ME, AFL-CIO 2345 Cass Avenue Detroit, Michigan Dear Mr. Draft: During the recent negotiations on the collective bargaining between Local 1998, Council 23, of the American Federation of State, County and Municipal Employees, and the County of Oakland, there was considerable discussion between the parties pertaining to giving notice to Children's Supervisor employees when assigned to a shift other than their regular work shift. The discussions resulted in an understanding between the parties to the effect that Children's Supervisors will be given a three (3) day notice, when possible, if assigned to a shift other than their regular work shift. Sincerely,