HomeMy WebLinkAboutResolutions - 1989.08.17 - 17293Miscellaneous Resolution # 89186 August 3, 1989
BY: PERSONNEL COMMITTEE - John P. Calandra', Chairperson
IN RE: CIRCUIT COURT - FRIEND OF THE COURT - 1989 - 1991 LABOR AGREEMENT FOR
COURT SERVICE OFFICERS, OAKLAND COUNTY DEPUTY SHERIFF ASSOCIATION
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS representatives of the County of Oakland, the Oakland County
Circuit Court and the Oakland County Deputy Sheriff's Association have been
negotiating a contract covering eight (8) Court Service Officers in the
Oakland County Friend of the Court; and
WHEREAS a three (3) year tentative agreement covering these
employees has been reached with the union for the period of January 1, 1989
through December 31, 1991 and said agreement has been reduced to writing; and
WHEREAS your Personnel Committee has reviewed the Labor Agreement
covering these employees represented by the Oakland County Deputy Sheriff's
Association, and recommends approval of the Agreement;
NOW THEREFORE BE IT RESOLVED that the attached Agreement between the
County of Oakland, the Oakland County Circuit Court and the Oakland County
Deputy Sheriff's Association be and the same are 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
PpROVE THE FOREGOING RESOLU
THE COUNTY OF OAKLAND
THE —
OAKLAND COUNTY CIRCUIT COURT
AND
THE OAKLAND COUNTY
DEPUTY SHERIFFS ASSOCIATION
CIRCUIT COURT SERVICE OFFICERS
(SPECIAL INVESTIGATORS)
Collective Bargaining Agreement
1989 - 1991
I
AGREEMENT
This agreement is made and entered into on this / day of
, A.D., 1989, by and between Sixth Judicial Circuit Court,
hereitifter referred to as the "Employer", The County of Oakland, and The Oakland
County Deputy Sheriffs Association, 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 Union is recognized as the exclusive representative of the Court
Service Officers (Special Investigators) of the Sixth Judicial Circuit 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 Friend of the Court Service Officers (Special
Investigators) employed by Oakland County;
excluding supervisory and all other employees.
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.
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III. DUES CHECK-OFF
(a) Union membership dues, initiation fees and assessments will be
authorized, levied and certified in accordance with the Constitution and Bylaws of
the Union. Initiation fees, dues and/or assessments will be deducted 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 during the fifteen (15) day period prior to the end of each calendar
year.
(c) The Union will protect and save harmless the Employer and the
County 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. UNION REPRESENTATIVES
Section 1
There shall be a Steward and an Alternate Steward who would act in the
place of the Steward in his/her absence.
Section 2
The Steward will be permitted to leave his/her work, after obtaining
approval of his/her supervisor and recording the 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
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to leave his/her work assignment will not be unreasonably withheld. The Steward
will report back to his/her supervisor upon returning from a grievance discussion.
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 the assigned jobs at all times except when permitted to leave work to
handle grievances.
Section 3
The Union will provide written notification to the Employer of 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. The Employer must at
all times be advised as to the office of the individual representative of the
Union with whom it may be dealing.
V. GRIEVANCE PROCEDURE
Section 1
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 reprimands shall not be subjects for the
grievance procedure but shall be processed according to the procedures of the
Personnel Appeal Board.
Step 1
If the grievance is not settled informally, it may be discussed with the
Steward and reduced to writing; signed by the grievant and submitted to
his/her immediate supervisor within five (5) days of the occurrence.
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Step 2
The 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.
Step 3
If the grievance is not settled in Steps 1 and 2, the Union may within
five (5) days after the supervisor's answer, request in writing to the
Court Administrator a meeting of Employee Relations and Court
Administrator with the Grievance Committee. Such meetings will be held
within fifteen (15) days after the date of written request and the
Employer will render his decision within seven (7) 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 the Steward or his/her designee. (Working days refer to
Monday-Friday, excluding Saturday, Sunday and Holidays.)
Step 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 five (5) 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
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written grievance, the oldest grievance being referred first:
1. John Coyle
2. Keith Grady
3. Richard Kanner
4. Elliott Beitner
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 fourth 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,
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.
Any grievance not appealed from any step 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. In the event that Management shall
fail to supply the Union with its answer to the particular step within
the specified time limits, the grievance shall be deemed automatically
positioned for appeal at the next step with the time limit for
exercising said appeal commencing with the expiration of the grace
period for answering.
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VI. BULLETIN BOARD
The Employer shall assign space for a bulletin board which shall be used
by the Union for posting notices, bearing the written approval of the President 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;
Other notices, subject to Management's approval, 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
or transfer into the unit. When the employee acquires seniority his/her name
shall be placed on the seniority list in the order of his/her unit seniority date.
In those occurrences when two or more employees have the same unit seniority date
the employee who's name appears first on an alphabetical list shall be deemed
senior.
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;
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;
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(e)
(c )
(e) If the employee does not return to work when recalled from
a layoff.
(f) If the employee is on lay-off for a period of time equal to his/her
unit seniority time.
VIII. LAY-OFF AND RECALL
If it becomes necessary for the Employer to reduce the number of
employees in the work force, the employees will be laid off in seniority order and
shall be recalled in the inverse order. (Refer to Rule #9, Oakland County Merit
System Handbook.)
IX. FALSE ARREST INSURANCE
The County shall provide false arrest liability protection for the
employees covered by this agreement at no expense to the employee.
X. GENERAL CONDITIONS
Section 1
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. The members of the Union shall
not lose time or pay for time spent in such special conferences.
Section 2
Overtime work will be equalized between employees on the same shift with
the same job duties and classification in so far as is practicable.
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XI. ADOPTION BY REFERENCE OF RELEVANT RESOLUTIONS AND PERSONNEL POLICIES
All Resolutions of the Oakland County Board of Commissioners, as amended
or changed 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'
Handbook, are incorporated herein by reference and made a part hereof to the same
extent as if they were specifically set forth.
XII. MAINTENANCE OF CONDITION
Conditions of employment in effect at the execution of this agreement,
except as changed in accordance with the terms of the agreement, shall be
maintained.
XIII. 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.
XIV. 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.
The Employer will not lockout any employees of the bargaining unit
during the term of this agreement.
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This agreement shall remain in full force and effect from
/9n
I/ ically renewed
to midnight, December 31, 1991. The agreement shall be
from year to year thereafter unless either party shall
by
Roy Ryekold, Chairperson
by
Robert C. Anderson, Chief Judge
Sixth Judicial Circuit Court
Watkins, Steward
by
XV. DURATION
notify the other in writing, sixty (60) days prior to December 31, 1991, that it
desires to modify the agreement. In the event that such notice is given,
negotiations shall begin within a reasonable period of time.
OAKLAND COUNTY
DEPUTY SHERIFF ASSOCIATION/
CIRCUIT COURT SERVICE OFFICERS
COUNTY OF OAKLAND, a Michigan
Constitutional Corporation
Appendix A
The following salary schedule
shall become effective December 31, 1988
and shall cover the period December 31, 1988
through December 31, 1989
I. For employees hired prior to October 22, 1987.
Base 1 Yr. 2 Yrs. 3 Yrs, 4 Yrs.
Circuit Court Service Officers 26,132 27,410 28,685 29,958 31,235
(Special Investigator)
II. For employees hired on or after October 22, 1987.
Base 1 Yr. 2 Yrs. 3 Yrs. 4 Yrs. 5 Yrs.
Circuit Court Service Officers 24,027 25,468 26,910 28,353 29,794 31,235
(Special Investigator)
The following salary schedule shall become
effective with the first pay period on
or after January 1, 1990.
T. For employees hired prior to October 22, 1987
Base 1 Yr. 2 Yrs. 3 Yrs. 4 Yrs.
Circuit Court Service Officers 27,308 28,643 29,976 31,306 32,641
(Special Investigator)
II. For employees hired on or after October 22, 1987.
Base 1 Yr. 2 Yrs. 3 Yrs. 4 Yrs. 5 Yrs.
Circuit Court Service Officers 25,108 26,614 28,121 29,629 31,135 32,641
(Special Investigator)
The following salary schedule shall become
effective with the first pay period on
or after January 1, 1991.
I. For employees hired prior to October 22, 1987.
Base 1 Yr. 2 Yrs, 3 Yrs. 4 Yrs.
Circuit Court Service Officers 28,537 29,932 31,325 32,715 34,110
(Special Investigator)
II. For employees hired on or after October 22, 1987.
Base 1 Yr. 2 Yrs. 3 Yrs. 4 Yrs. 5 Yrs.
Circuit Court Service Officers 26,238 27,812 29,386 30,962 32,536 34,110
(Special Investigator)
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Appendix A
-Continued-
Clothing and Cleaning Allowance
Effective January 1, 1989 members of the bargaining unit will receive a
clothing and cleaning allowance of $275 annually, payable in installments of
$137.50 in June and $137.50 in December.
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FRIEND OF THE COURT SERVICE OFFICERS
(SPECIAL INVESTIGATOR)
APPENDIX B
For the following fringe benefits, refer to the Oakland County Employees'
Handbook:
1. Injury on the Job
2. Leave of Absence
3. Death Benefits
4. Longevity
*5. Medical and Master Medical Coverage
6. Sick Leave
**7. Retirement
8. Annual Leave
***9. Disability Coverage
10. Dental Coverage
11. Tuition Reimbursement
12. Holidays
The fringe benefits modified in previous collective bargaining agreements
shall continue in effect as modified and described in the Oakland County
Employees' Handbook.
*Commencing January 1, 1989, each employee shall contribute $5.00 by payroll
deduction each pay period toward health coverage. The contribution for 1990 shall
be $5.22 effective January 1, 1990, and the contribution for 1991 shall be $5.45
effective January 1, 1991.
**Effective January 1, 1989, all employees with ten (10) or more years of full-time
County service shall be eligible for the Military Buy-back Option as developed by
the Oakland County Retirement Commission and approved by the Oakland County Board
of Commissioners.
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**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, 1989, 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
were turned down for Social Security disability and Medicaid and have no other
medical and master medical coverage available and providing the employee has not
allowed his/her medical and master medical coverage to lapse.
(1,276)
$ (5,679)
$ 4,403
91
12
781
316
'August 17, 1989
FISCAL NOTE
BY: FINANCE COMMITTEE, DR. G. WILLIAM CADDELL, CHAIRPERSON
IN RE: CIRCUIT COURT - FRIEND OF THE COURT - 1989-1991 LABOR AGREEMENT
FOR COURT SERVICE OFFICERS, OAKLAND COUNTY DEPUTY SHERIFFS'
ASSOCIATION - MISCELLANEOUS RESOLUTION #89186
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 #89186 and finds:
1) The Personnel Committee recommends approval of the labor agreement
with eight (8) employees represented by the Oakland County Deputy
Sheriffs' Association for the period January 1, 1989 through December
31, 1991;
2) The agreement grants represented employees increases equal to those
received by non-represented employees;
3) The 1989 cost of this agreement equals $5,679 of which $4,403 is
salary increase and $1,276 is fringe benefit increase as detailed on
the attached schedule;
4) Funds are available in the 1989 Salary Adjustment Account and the 1989
Fringe Benefit Adjustment Account to cover the increase, and
recommends the transfer of said funds to the 1989 Friend of the Court
Budget with appropriate amendments to the Fringe Benefit, Workers'
Compensation and Unemployment Compensation Funds, respectively, as
detailed below:
From:
4-10100-909-01-00-9901 Salary Adjustment $ (4,403)
4-10100-909-01-00-9906 Fringe Adjustment
To:
4-10100-312-03-00-1001
4-10100-312-03-00-2075
4-10100-312-03-00-2076
4-10100-312-03-00-2077
4-10100-312-03-00-2079
4-10100-312-03-00-2081
4-10100-312-03-00-2082
FCC - Salaries
FOC - Workers' Comp.
FCC - Group Life
FCC - Retirement
FCC - FICA
FCC - Disability 71
FCC - Unemployment 5
$ 5,679
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Fringe Benefit Funds
Revenue:
3-73500-915-01-00-1076 Group Life 12
3-73500-915-01-00-1077 Retirement 781
3-73500-915-01-00-1079 FICA 316
3-73500-915-01-00-1081 Disability 71
3-73510-915-02-00-1075 Workers Comp. 91
3-73520-915-03-00-1082 Unemployment 5
$ 1,276
Appropriations:
4-73500-915-01-00-2076 Group Life 12
4-73500-915-01-00-2077 Retirement 781
4-73500-915-01-00-2079 FICA 316
4-73500-915-01-00-2081 Disability 71
4-73510-915-02-00-2075 Workers' Comp. 91
4-73520-915-03-00-2082 Unemployment 5
$ 1,276
5) 1990 through. 1991 costs reflected on the attached schedule will be
built into the appropriate budgets.
FINANCE COMMITTEE
fncircourtfoc
OAKLAND COUNTY, MICHIGAN
CIRCUIT COURT SERVICE OFFICERS
1989-1991 TENTATIVE AGREEMENT
ORIG. 1989 1990 1991
POS. CURRENT PROPOSED SALARY FRINGE TOTAL PROPOSED SALARY FRINGE TOTAL - PROPOSED SALARY FRINGE TOTAL
NO SALARY SALARY INCREASE INCREASE INCREASE SALARY INCREASE INCREASE INCREASE SALARY INCREASE INCREASE INCREASE
00769 $02,930 $34,359 $1,429 $414 $1,843 $35,905 $1,546 $478 $2,024 $37,521 $1,616 $499 $2,115
00996 - 26,270 25,468 (602) (233) (1,035) 26,614 1,146 354 1,500 27,812 1,198 370 1,568
olasi 26,270 25,468 (802) (233) (1,005) 26,614 1,146 954 1,500 27,812 1,198 270 1,568
02103 26,270 25,468 (802) (233) (1,025) 26,614 1,146 354 1,500 27,812 1,198 370 1,568
02730 32,331 33,734 1,409 407 1,810 35,252 1,518 469 1,987 36,039 1,587 490 2,077
03326 31,134 32,484 1,350 392 1,742 33,947 1,463 452 1,915 35,474 1,527 472 1,999
03894 90,535 31,860 1,325 304 1,709 33,294 1,434 443 1,877 34,792 1,49B 463 1,961
05211 30,558 31,860 1,302 378 1,680 33,294 1,434 443 1,877 .94,792 1,490 469 1,961
TOTAL $236,298 $240,701 $4,403 $1,276 $5,679 $251,534 $10,833 $3,347 $14,180 $262,854 $11,320 $3,497 $14,617
PREPARED BY BUDGET DIVISION
JULY 12, 1909
Resolution # 89186 August 17, 1989
this 17th
. ALLEN, County Clerk!: LYN:
Moved by Calandro supported by Ferrens the resolution be adopted.
AYES: Johnson, R. Kuhn, S. Kuhn, Luxon, McConnell, McCulloch, McPherson,
Moffitt, Oaks, Olsen, Pappageorge, Pernick, Price, Rewold, Skarritt, Wolf, Aaron,
Bishop, Caddell, Calandro, Chester, Crake, Ferrens, Gosling, Hobart, Jensen. (26)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
STATE OF PiCHICAN)
COUNTY OF OAKLAND)
1, Lynn D. Allen, Clerk of the County of Oakland and having a seal,
do hereby certify that have compared the annexed copy of the attached
resolution arHptPd by the Oakland County Board . of Commissioners at -their regular
meeting held on August 17, 1989
with the original record thereof no',/ remaining in my office, and
that it is a true and correct transcript therefr om, and of the
whole thereof.
In Testimony Whereof, I have hereunto set my hand and affixed the
seal of said County at Pontiac, Michigan
!day of August , 1989
Regi/ster of Deeds