HomeMy WebLinkAboutResolutions - 1990.05.24 - 16782Y APPROVE TtiE:„NREGOING...„:RESOLUTI9N
Miscellaneous Resolution # 90106 May 24, 1990
BY: PERSONNEL COMMITTEE - John P. Calandro, Chairperson
IN RE: BOARD OF COMMISSIONERS - 1990 - 1993 LABOR AGREEMENT FOR BOARD OF
COmMISSIONERS STAFF REPRESENTED BY COUNCIL 25, AMERICAN FEDERATION OF
STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland and Council 25, American Federation of
State, County and Municipal Employees, AFL-CIO have been negotiating a
contract covering four (4) employees of the Oakland County Board of
Commissioners; and
WHEREAS a four (4) year agreement has been reached for the period
January 1, 1990 through December 31, 1993 and said agreement has been reduced
to writing; and
WHEREAS said agreement has been reviewed by your Personnel Committee
which recommends approval of the agreement;
NOW THEREFORE BE IT RESOLVED that the agreement between the County
of Oakland and Council 25, American Federation of State, County and Municipal
Employees, AFL-CIO be and the same is hereby approved; and that the
Chairperson of this Board, on behalf of the County of Oakland, be and is
hereby authorized to execute said agreement, a copy of which is attached
hereto.
Mr. Chairperson, on behalf of the Personnel Committee, I move the
adoption of the foregoing resolution.
PERSONNEL COMMITTEE
THE COUNTY OF OAKLAND
AND
Michigan Council 25
American Federation of State, County and
Municipal Employees, AFL-CIO
Senior Committee Coordinator, Committee Coordinator and Secretaries
of the Oakland County Board of Commissioners
Collective Bargaining Agreement
1990 - 1993
AGREEMENT
This agreement is made and entered into on this day of
, A.D., 1990, by and between the Oakland County Board of
Commissioners and the County of Oakland, hereinafter referred to collectively as the
"Employer", and Michigan Council 25 American Federation of State, County and Municipal
Employees, 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 representative of the Sr.
Committee Coordinator, Committee Coordinator and Secretaries of the Oakland County Board
of Commissioners, 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, and as amended including Act 379 of 1965.
All Committee Coordinators, Secretaries - Board of Commissioners employed by
the Oakland County Board of Commissioners, including the Senior Committee
Coordinator, but excluding the Committee Coordinator assigned to the Personnel
Committee.
IL MANAGEMENT RESPONSIBILITY
The right to hire, promote, discharge, or discipline for just cause, 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.
(2)
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 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 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. Such voluntary withdrawal
from payroll deduction of Union dues may only occur during the period December 16 through
December 31 of any calendar year.
(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. STEWARDS AND ALTERNATE
Section 1
There shall be a Chapter Chairperson for the bargaining unit and one steward.
The steward will be permitted to leave his/her work, after obtaining approval of
his/her supervisor and recording his/her time, for the purpose of adjusting grievances in
accordance with the grievance procedure and for reporting to the grievant a resolution of the
grievance. Permission for the steward to leave his/her work station will not be unreasonably
withheld. The steward will report back to his/her supervisor upon returning from a grievance
discussion.
(3)
The privilege to leave 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 he/she will continue to work at an assigned job at all times except
when permitted to leave work to handle grievances.
Section 2
The Union will furnish the Employer with the names of its authorized
representatives who are employed within the unit and such changes as may occur from time to
time in such personnel so that the Employer may at all times be advised as to the office of the
individual representative of the Union with which it may be dealing.
V. GRIEVANCE PROCEDURE
Section I
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/her problem or grievance to the attention of his/her immediate
supervisor, within five (5) days of the occurrence. The immediate supervisor shall attempt to
resolve the grievance informally. Dismissals, suspensions, demotions and disciplinary actions
and/or appeals of management's actions of any type shall be subjects only for the grievance
procedure.
Step I
If the grievance is not settled informally, it may be discussed with the steward and
may be reduced to writing, signed by the grievant and submitted to his immediate
supervisor within five (5) days of the occurrence.
Step 2
A written grievance shall be discussed between the steward and the immediate
supervisor. The supervisor will attempt to adjust the matter and will give his
written decision within five (5) days of receipt of the written grievance.
(4)
Step 3
If the grievance is not settled in Steps 1 or 2, the Union may within five (5) days
after the supervisor's answer request, in writing, to the Employee Relations
Division a meeting of the Grievance Committee. Such meetings will be held
within fifteen (15) working days after the date of written request and the Employer
will render his decision within seven (7) working days thereafter. The Employer
and the Union may by mutual written agreement extend the time limits of the
grievance procedure. The Union Grievance Committee will consist of 2 persons, a
Steward, Chapter Chairperson, or the staff representative if requested. (Working
days refer to Monday-Friday, excluding Saturday, Sunday and Holidays.)
Section 2
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 thirty (30) days after the Employers
response from the Step 3 meeting. Expenses for arbitration shall be borne equally by both
parties.
The grievance upon which Arbitration has been demanded shall be referred to one
of the following Arbitrators in accordance with the date of written grievance, the oldest
grievance being referred first:
1. Robert Sheedy
2. Alger Connor
3. Bill Danial
Benjamen Wilkenson
A grievance shall be referred to the listed Arbitrators in the order in which they
appear. Once a grievance has been referred to an Arbitrator, a subsequent grievance shall be
referred to the next Arbitrator on the list. After a grievance has been referred to the Last
(5)
Arbitrator listed, the cycle shall repeat, beginning with the first Arbitrator. The Arbitrator
may interpret and apply the provisions of this Agreement to determine the grievance before
the Arbitrator. However, the Arbitrator shall have no power or authority, in any way, to alter,
to modify, amend, or add to any provisions of this Agreement, or set a wage rate. The
Arbitrator shall be bound by the express provisions of this Agreement.
Each grievance shall have to be initiated within five (5) days of each occurrence of
the cause of complaint or, if neither the aggrieved nor the union had knowledge of said
occurrence at the time of its happening, then within five (5) days after the union or the
aggrieved becomes aware of the cause for complaint.
Any grievance not appealed from any step of the grievance procedure to the next
step within the limits prescribed, shall be considered dropped and the last decision final and
binding, except that time limits may be extended by mutual written agreement of the parties.
In the event that the Employer shall fail to supply the Union with its answer at a particular
step within the specified time limits, the grievance shall be deemed automatically positioned
for appeal at the next step. The time limit for exercising further appeal shall commence with
the expiration of the grace period for answering.
VI. BULLETIN BOARD
The Employer shall assign space on a bulletin board which shall be used by the
Union for posting notices, bearing the written approval of the Chapter Chairperson of the
Union local. Notices 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, subject to Managements approval,
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/her name shall be placed on the seniority list, in the
(6)
order of his/her seniority date. In those occurrences when two or more employees have the
same seniority date the employee who's name appears first on an alphabetical list shall be
deemed to be senior.
An up-to-date seniority list shall be furnished to the Union every six (6) months.
Employees shall lose their 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
(0 If the employee is laid off for a continuous period equal to the seniority
he/she had acquired at the time of layoff or 24 months which ever is less.
VIII. LAY-OFF AND RECALL
If and when it becomes necessary for the Employer to reduce the number of
employees in the work force, the least senior represented employees in each classification will
be laid off first, based on capability of performing available jobs and shall be recalled in the
inverse order. All employees so laid off shall, for a time equal to their length of service in the
unit at the time of layoff up to a 2 year maximum, be offered the opportunity of recall to the
unit prior to the hiring of any new employees into the unit.
The employer will notify the union at such time as the employer anticipates the
laying off of employees represented by this bargaining unit.
IX. GENERAL CONDITIONS
Section 1
When any new work covered by the bargaining unit certification is established, the
County may designate a job classification and rate structure for the position. In the event the
(7)
Union does not agree that the job classification or rate structure are proper the Union shall
have the right to submit the issue as a grievance through the Grievance Procedure within sixty
(60) days.
Section 2
Special conferences may be arranged at a mutually convenient time between the
union and the Employer upon the request of either party. Such meetings may be between at
least two representatives of the Employer and no more than two employee representatives of
the Union.
Section 3
Wages, hours, and conditions of employment contained in the Agreement shall be
maintained during the term of the Agreement.
Section 4
Any employee who is required to, and returns to work which is scheduled to begin
more than one (I) hour after the end of the regular work schedule, shall be entitled to a
minimum of two (2) hours pay at the time-and-one-half rate or, the equivalent of three (3)
hours leave time if agreed to by the employer.
X. ADOPTION BY REFERENCE OR RELEVANT RESOLUTIONS 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 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, except those excluded
by this agreement, are incorporated herein by reference.
XI. ECONOMIC MATTERS
The agreement between the parties on economic matters are set forth in Appendix
A and Appendix B attached hereto and are incorporated into this collective bargaining
agreement, subject to the terms and conditions thereof.
(8)
XII. NO STRIKE - NO LOCKOUT
Under no circumstances will the Union cause, 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 state law.
The Employer will not lockout any employees of the bargaining unit during the
term of this Agreement.
XIII. RESOLUTION OF ALL MATTERS
The provisions of this labor agreement include resolution of all matters which
remained at the time of settlement as issues of negotiations and upon which settlement was
reached.
XIV. DURATION
This agreement shall remain in full force and effect until midnight, December 31,
1993. 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.
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.
(9)
COUNCIL 25, AFSC & ME
AFL-CIO
COUNTY OF OAKLAND, a Michigan
Constitutional Corporation
by ":// e
Theodore Stringer
Staff Representativ
by
Roberta A. Undkrwood
Chief Steward
OAKLAND COUNTY
by iRav, Roy Rew d, Chalfperson
by („{:23
Anna 14,,DeVers
Chapter Chairperson
„
by
"Orini el T. Muiphy
County Executive
If any article or section of this agreement or any appendix or supplement thereto
should be held invalid by an 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.
COMMITTEE COORDINATOR AGREEMENT
APPENDIX A
Salaries 1990
The following Merit System Salary Schedule shall prevail effective January 1,1990.*
CLASSIFICATION BASE 1 YEAR 2 YEAR 3 YEAR 4 YEAR 5 Year
Senior Committee Coordinator $26,207 $27,516 $28,825 $30,134 $31,443 $32,753
Committee Coordinator 21,910 23,111 24,312 25,513 26,714 27,913
Secretary-Board of Commissioners I 19,154 20,312 21,470 22,628 23,786 24,942
Secretary-Board of Commissioners II 20,650 21,897 23,145 24,391 25,639 26,888
Salaries 1991
THE FOLLOWING MERIT SYSTEM SALARY SCHEDULE SHALL
PREVAIL EFFECTIVE THE FIRST PAY PERIOD ON OR AFTER JANUARY 1,1991
CLASSIFICATION BASE 1 YEAR 2 YEAR 3 YEAR 4 Year 5 Year
Senior Committee Coordinator $27,693 $29,076 $30,459 $31,842 $33,225 $34,610
Committee Coordinator 23,152 24,421 25,690 26,959 28,228 29,495
Secretary-Board of Commissioners I 20,268 21,493 22,718 23,943 25,168 26,394
Secretary-Board of Commissioners II 21,579 22,882 24,187 25,489 26,793 28,098
Salaries 1992
THE FOLLOWING SALARY SCHEDULE SHALL
PREVAIL EFFECTIVE THE FIRST PAY PERIOD ON OR AFTER JANUARY I, 1992
CLASSIFICATION BASE 1 YEAR 2 YEAR 3 YEAR 4 YEAR 5 Year
Senior Committee Coordinator $28,801 $30,395 $31,989 $33,583 $35,177 $36,769
Committee Coordinator 24,496 25,907 27,318 28,729 30,140 31,552
Secretary-Board of Commissioners! 21,383 22,676 23,969 25,262 26,555 27,846
Secretary-Board of Commissioners II 22,550 23,912 25,275 26,636 27,999 29,362
Salaries 1993
THE FOLLOWING SALARY SCHEDULE SHALL
PREVAIL EFFECTIVE THE FIRST PAY PERIOD ON OR AFTER JANUARY 1,1993
CLASSIFICATION BASE I YEAR 2 YEAR 3 YEAR 4 YEAR 5 Year
Senior Committee Coordinator $29,908 $31,712 $33,516 $35,320 $37,124 $38,928
Committee Coordinator 25,913 27,477 29,041 30,605 32,169 33,735
Secretary-Board of Commissioners I 22,501 23,861 25,221 26,581 27,941 29,299
Secretary-Board of Commissioners II 23,565 24,988 26,412 27,835 29,257 30,683
*These rates are only retroactive for those employees in the above bargaining unit
positions at the time of ratification.
(11)
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. Death Benefits
5. Longevity
*6. Master Medical Coverage
7. Sick Leave
**8. Retirement
9. Annual Leave
***10. Income Continuation Coverage
11. Dental Coverage
12. Tuition Reimbursement
* Commencing January 1, 1990, each employee shall contribute $5.22 by payroll deduction each
pay period toward health coverage. The contribution for 1991 shall be $5.45 per pay period
effective January 1, 1991, and the contribution for 1992 shall be $5.70 per pay period effective
January I, 1992, Effective January 1, 1993, the contribution shall increase to $5.96 per pay
period.
Employees hired on or after January 1, 1989 who subsequently retire from County service shall
not be eligible for County reimbursement of Medicare Part B payments.
Commencing January 1, 1990, each employee shall contribute twenty five (25) cents by
payroll deduction each pay period toward medical and master medical coverage during long-
term disability (LTD). Eligibility for County-provided medical and master medical coverage
while on LTD shall be as follows: An employee on LTD will be eligible for County-provided
medical and master medical coverage for up to six (6) months from the date of LTD eligibility,
provided he/she has applied for and was turned down for Social Security disability and
Medicaid and has no other medical and master medical coverage available and providing the
employee has not allowed his/her medical and master medical coverage to lapse.
**
4E **
(12)
May 24, 1990
FISCAL NOTE (Misc. 90106)
BY FINANCE COMMITTEE, DR. G. WILLIAM CADDELL, CHAIRPERSON
IN RE: BOARD OF COMMISSIONERS - 1990-1993 LABOR AGREEMENT FOR BOARD OF
COMMISSIONERS STAFF REPRESENTED BY COUNCIL 25, AMERICAN
FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO,
MISCELLANEOUS RESOLUTION #
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
Pursuant to Rule XI-G of this Board, the Finance Committee has
reviewed Miscellaneous Resolution If and finds:
1) The labor agreement is for a four-year period covering January 1,
1990 through December 31, 1993.
2) The salary percentage increase for each year varies with each
position and is detailed on the attached schedule.
3) Sufficient funds are appropriated in the 1990/1991 Biennial
Budget, therefore, no budget amendments are necessary.
FINANCE COMMITTEE
1v4/my9013fn
1990 1991* 1992* 1993*
6.85% 5.82% 5.50% 5,22%
$108,901 $114,897 $ 5,996 $ 1,782 $ (568) $ 1,214 TOTAL $_7,210 _
FINANCIAL ANALYSIS
BOARD OF COMMISSIONERS LABOR AGREEMENT
1990 SALARY INCREASE 1990 FRINGE INCREASE BASE SALARY PERCENTAGE INCREASES
POSITION CURRENT REVISED FRINGE EMPLOYEE NET TOTAL
NUMBER POSITION SALARY SALARY INCREASE INCREASE SHARE * INCREASE INCREASE
03651 SECRETARY-BD. OF COMM. I * $ 22,261 $ 23,786 $ 1,525 $ 453 $ (142) $ 311 $ 1,836
SERVICE INCREMENT (4%) 890 951 61 18 18 79
SUBTOTAL 23,151 24,737 1,586 471 (142) 329 1,915
00620 SECRETARY-BD. OF COMM. II * 23,490 24,391 901 268 (142) 126 1,027
SERVICE INCREMENT (6%) 1,409 1,463 54 16 16 70
SUBTOTAL 24,899 25,854 955 284 (142) 142 1,097
02568 COMMITTEE COORDINATOR 26,413 27,913 1,500 446 (142) 304 1,804
SERVICE INCREMENT (6%) 1,585 1,675 90 27 27 117
SUBTOTAL 27,998 29,588 1,590 473 (142) 331 1,921
03130 SR. COMMITTEE COORDINATOR 30,993 32,753 1,760 523 (142) 381 2,141
SERVICE INCREMENT (6%) 1,860 1,965 105 31 31 136
SUBTOTAL 32,853 34,718 1,865 554 (142) 412 2,277
3.84% 4.50% 4.50% 4.50%
5.68% 5.67% 6.97% 6.92%
5.68% 5.67% 6.24% 5.87%
* NOTES:
EFFECTIVE JANUARY 1, 1990, EACH EMPLOYEE SHALL CONTRIBUTE TOWARD HEALTH COVERAGE. FOR 1990, THE RATE SHALL BE $5.22 PER PAY PERIOD, THEN $5.45 IN 1991,
$5.70 IN 1992, AND $5.96 IN 1993. ALSO, EACH EMPLOYEE SHALL CONTRIBUTE .25 PER PAY PERIOD TO HOLD IN FORCE MEDICAL AND MASTER MEDICAL DURING LONG-TERM
DISABILITY.
THE EASE SALARY PERCENTAGE INCREASES FOR 1991, 1992, AND 1993 WERE CALCULATED COMPARING THE SALARY AT THE MAXIMUM STEP (NOT INCLUDING SERVICE INCREMENT).
THE POSITIONS OF SECRETARY-BOARD OF COMMISSIONERS I AND SECRETARY-BOARD OF COMMISSIONERS II ARE NEW CLASSIFICATIONS.
PREPARED BY BUDGET DIVISION - LV
5/03/90
Resolution # 90 May 24 1990106
Moved by Calandro supported by Chester the resolution (with favorable
Fiscal Note attached) be adoted.
AYES: McCulloch, McPherson, Moffitt, Olsen, Pappageorge, Pernick,
Rewold, Skarritt, Wolf, Aaron, Caddell, Calandro, Chester, Crake, Ferrens,
Gosling, Huntoon, Jensen, Johnson, R. Kuhn, S. Kuhn, Law, Luxon, McConnell. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
STATE OF MICHIGAN)
COUNTY OF OAKLAND
I, Lynn D. Allen, Clerk of the County of Oakland, do hereby certify that the foregoing
resolution is a true and accurate copy of a resolution adopted by the Oakland County
Board of Commissioners on May 24, 1990
with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County
of Oakland at Pontiac, Michigan this 24th day pd,.. May 1S 90 ale;„-. Lynu/D. Allen, County Clerk