HomeMy WebLinkAboutResolutions - 1984.09.13 - 17938DN - LABOR AGli EEMENT 1983-1985, TEAMSTERS LOCAL 129 gtF_E7 IN RE:
August 30, 1984 Miscellaneous Resolution 84229
BY: PERSONNEL COMMITTEE - John J. McDonald, Chairperson
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS representatives of the County of Oakland and Teamsters
Local 129 have been negotiating a contract covering Safety Officers and
Building Safety Attendants in the Safety Division of the Central Services
Department; and
WHEREAS a two and one-half (2i) year tentative agreement covering
these employees has been reached with the union for the period of July 1, 1983
through December 31, 1985 and said agreement has been reduced to writing; and
WHEREAS your Personnel Committee has reviewed the Labor Agreement
covering employees represented by Local 129, Teamsters, and recommends
approval of the Agreement;
NOW THEREFORE BE IT RESOLVED that the attached Agreement between
the County of Oakland and Teamsters Local 129 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
Y API4ROVE THE FOREGOING RESOLUTION
TENTATIVE LABOR AGREEMENT WITH LOCAL 129, TEAMSTERS
REPRESENTING SAFETY OFFICERS AND BUILDING SAFETY ATTENDANTS
The Tentative Agreement will cover a 30 month period with a wage freeze
during the first six months (July-December, 1983). Effective January, 1984
these employees' wages will be increased by 3.5% and by 4.62% effective
January, 1985.
The contract includes an increase in the number of steps in the salary range
for Safety Officers hired after July 1, 1984 and a decrease in the starting
salary for these employees. In addition, employees hired after July 1, 1984
will not be eligible for Service Increment.
The County has agreed to a $500 annual bonus for the four (4) Building Safety
Attendants who perform dispatch functions.
The Union has agreed to a new entry level class for Building Safety Attendants.
The new class titled General Helper will be paid a flat S4.95 per hour and all
probationary employees performing Building Safety Attendant functions will be
paid at that rate during 1984.
The attached summary of the Tentative Agreement outlines all of the changes
agreed to in the bargaining which has been ongoing for the past 12 months.
TENTATIVE AGREEMENT WIII1 SAFETY DIVISION EMPLOYEES
I: Wages
A. Current Safety Officers and Building Safety Attendants
July - December 1983 - Wage Freeze
January - December 1984 - 3.5% increase at all steps
January - December 1985 - 4.62% increase at all steps
B. Salary Schedule for Safety Officers Employed or Re-employed after
July 1, 1984
1984
Base 6 Month 1 Year 2 Year 3 Year 4 Year 5 Year
14,990 15,585 16,181 17,371 18,570 19,767 21,218
1985
Base 6 Month 1 Year 2 Year 3 Year 4 Year 5 Year
15,632 16,305 16,929 18,174 19,428 20,680 22,198
C. $500 annual bonus (pro-rated bi-weekly) paid to Building Safety
Attendants assigned dispatch functions (limit of 4).
II. Benefits
Eliminate longevity (service increment) for all employees employed or re-
employed after July 1, 1984.
111. Classifications
Institute new classification of General Helper as entry level for Building
Safety Attendant with a 1984 rate of $4.95 per hour and a 1985 rate of
$5.18 per hour.
IV. Contract Language
Replace Article XT (General Conditions) Section 5 with the following language:
"In the event that any other represented unit, other than a unit
containing employees eligible for Act 312 police/fire compulsory
arbitration, negotiates a contract with the County of Oakland
containing any form of union security, the same right will
automatically be given to the unit covered under this agreement."
7/24/84
Total
# of
Positions
Fringe
Benefits
3f%
Salary .Increase
500
$500 Bonus for
4 Dispatchers 2,000
$27,330
2,500
$34,835 $7,505
-0-
Fringe Benefit Adjust. $(7,505) $(34,835)
-0- -0-
SCBEDULLA
CONTRACT SETTtEMENT'FOR TEAMSTERS
LOCAL 129 - SAFETY DIVISION
JANUARY 1, 1984 - DECEMBER 31, 1984
39 $25,330 $7,505 $32,335
Salary Adjustment (27,330)
THE COUNTY OF OAKLAND
AND
LOCAL 129, TEAMSTERS,
STATE, COUNTY AND MUNICIPAL WORKERS
SAFETY DIVISION EMPLOYEES
Collective Bargaining Agreement
J'aly 1983 - December 1985
AGREEMENT
This agreement is made and entered into on this 13 day of
, A.D., 1984, by and between the Oakland County Board of
Commissioners and the Oakland County Executive, hereinafter referred to
collectively as the "Employer", and Teamsters State, County and Municipal
Employees Local 129, affiliated with the International Brotherhood of Teamsters
Chauffeurs, Warehousemen and Helpers of America, 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
Safety Officers and Building Safety Attendants of the Oakland County Safety
Division, 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 i3 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 Safety Officers and Building Safety Attendants
of the Oakland County Safety Division excluding all
seasonal employees, clerical employees, supervisory
employees 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. :n
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 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 expiration of the contract.
(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.
rv. STEWARDS AND ALTERNATE
Section
There shall be one chief steward for the bargaining group and one alternate
steward for each 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 to leave their work during work ing hours, without loss Of
(2)
'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
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 authority of the individual representative of the Union with which 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 problem or grievance to the attention of his
immediate supervisor, with or without his steward, within five (5) days of the
occurrence. The immediate supervisor 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 procedures 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 within five (5) working days of the
informal discussion.
Step 2
The written grievance shall be discussed between the steward and the
(3)
immediate supervisor. The supervisor will attempt to adjust the matter and
will give his written decision within five (5) working 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) working days after the supervisor's answer, request a meeting of the
Grievance Committee. Such meetings will be held within fifteen (13)
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 agreement extend the time limits of the grievance
procedure. The Union Grievance Committee will consist of the staff
representative, the Chief Steward, and one other member to be selected by
the Union and certified in writing to the employer. (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 fifteen
(13; 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.
The arbitrator shall have no power or authority to add to, subtract from,
alter or modify the terms of this agreement, or set a wage rate.
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
(4)
Mutual agreement of the parties. in the, event that the Employer 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.
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 Chief Steward of
the Union local, which shall be restricted tot
(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;
(c) If the employee is absent from work for three working days,
without properly notifying the Employer, unless a satisfactory
reason is given;
(a) if the employee does not return to work at the end of an
approved leave;
(5)
(e) If the employee does not. return to work when recalled from
a layoff.
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 employees will be laid off in seniority order, based
on capability of performing available jobs and shall be recalled in the inverse
order. (Refer to Rule #9, Oakland County Merit System Handbook.) All employees so
laid off shall be offered the opportunity of recall prior to the hiring of any new
employees.
IX. PROMOTIONS
(a) Promotions within the bargaining unit shall be made on the basis of
competitive examination as provided for in the Oakland County Merit System. The
Manaaer-Safety Division will make his selection for promotion from the three highest
ranking candidates who have passed the promotional examination.
(b) The six (6) month probationary period following promotions is only to
include active, on the job, compensated service and recognized County paid holidays.
Al! other time off the job, whether compensated or not, in excess of 10 scheduled
work days, will lot count toward the probationary period.
X. FALSE ARREST INSURANCE
Employees covered by this agreement shall be provided, by the Employer, a
policy of False Arrest Liability Insurance. The premiums for such insurance will be
paid by the County.
XI. GENERAL CONDITION5
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
Employees elected to any permanent full-time union office or selected by
(6)
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 .:$4(3 (2) years, but it shall be renewed or
extended for a similar period at any time upon the written request of the Union.
Section 3
When any position not listed on the wage schedule is filled or
established, the County may designate a ;ob 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 three (3) month period.
Section 4
Special conferences for important matters may be arranged at a mutually
convenient time between the staff representative and the Employer or its
designated representative upon the request of either party. Such meetings shall
be between at least two representatives of the Employer and no more than two
employee representatives of the Union and the Staff Representative, if so desired.
Arrangements for such special conferences shall be made in advance and an agenda
of the matters to be taken up at the meeting shall be presented at the time the
conference is requested. Matters taken up in special conferences shall be
confined to those included in the agenda. The members of the Union shall not lose
time or pay for time spent in such special conferences.
Section 5
In the event that any other represented unit, other than a unit
containing employees eligible for Act 312 police/fire compulsory arbitration,
negotiates a contract with the County of Oakland containing any form of union
security, the same right will automatically be given to the unit covered under
this agreement.
(7)
RENCE OR R RESOLUTIONS AND PERSONNEL POLICIES CLITICEP XII.
Section 6
All Safety Officers with Merit System status will be entitled to make a
shift preference selection only on January 1 and July I of each year. This shift
preference selection is to be based upon bargaining unit seniority and is subject
to the approval of the Manager-Safety Division. It is understood that approval
will not be unreasonably withheld and each such approval will be on a non-
precedent basis.
Probationary Officers will be assigned shifts based on the needs of the
Division as determined by the Manager-Safety Division. It is understood that not
withstanding any other agreement, regulation or provision to the contrary,
employees classified as Safety Officers will remain ineligible for shift premium.
Section 7
Whenever possible daily assignment rosters will be posted seven (7) days
prior to assignment changes. Employees are responsible for checking the bulletin
board to verify their work schedules and location.
Section 8
When possible overtime work will be equalized between employees with the
same job duties and classification.
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 Employees' Handbook, are incorporated herein by reference and made a part
hereof to the same extant as if they were specifically set forth.
XIII. AAINTENANCE 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
(8)
the terms of this agreement. No employee shall suffer a reduction in such
benefits as a consequence of the execution of this agreement.
XIV. ECONOMIC AATTERS
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.
XV. NO STRIKE - NO LOCKOUT
Under no cirmcumstances 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 Imployer 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 from July 1, 1983,
to midnight, December 31, 1985. The agreement shall be automatically renewed from
year to year thereafter unless either party shall notify the other in writing,
sixty (60) days prior to December 31, 1985, that it desires to modify the
agreement. In the event that such notice is given, negotiations shall begin
within a reasonable period of time. 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
(9)
TEAMSTER LOCAL 129,
STATE, COUNTY A!
by
Richard R. Wilcox, Chairpersod
OAKLAND COUNTY EXECUTIVE
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 38 they are not in violation of applicable
statutes and ordinances and remain within the jurisdiction of the County of
Oakland for continued application.
COUNTY OF OAKLAND, a Michigan
ICIPAL WORKERS Constitutional Corporation
Daniel T. 1uhy
(10)
APPENDIX A
I. SALARIES
The following Merit Salary Schedule shall prevail for the period
beginning the first pay period on or after July 1, 1983:
Classioation Base 6 Mo. 1 Year 2 Year 3 Year 4 Year
Safety Officer 14,990 15,858 16,764 17,942 19,099 20,300
Building Safety Attend. 12,227 13,059 13,890 14,758 15,700
The following Merit Salary Schedule shall prevail for the period
beginning the first pay period on or after January 1, 1984:
Classification Base 6 Mo. 1 Year 2 Year 3 Year 4 Year
Safety Officer 15,515 16,413 17,371 18,570 19,767 21,218
Building Safety Attend. 12,655 13,516 14,376 15,275 16,250
*General Helper 4.95 per hour
The following Merit Salary Schedule shall prevail for the period
beginning the first pay perio4 on or after January 1, 1985:
Classification Base 6 Mo. 1 Year 2 Year 3 Year 4 Year
Safety Officer 16,232 17,171 18,174 19,428 20,680 22,198
Building Safety Attend. 13,240 14,140 15,040 15,981 17,001
*General Helper 5.18 per hour
II. SALARIES FOR NEW HIRES
The following 1984 Merit Salary Schedule shall prevail for Safety
Officers hired or re-hired after July 1, 1984:
1984
Base 6 Month 1 Year 2 Year 3 Year 4 Year 5 Year
14,990 15,585 16,181 17,371 18,570 19,767 21,218
The following 1985 Merit Salary Schedule shall prevail for Safety
Officers hired or re-hired after July 1, 1984:
( 11)
1985
Beginning the first pay period on or after January 1, 1985:
Base 6 Month 1 Year 2 Year 3 Year 4 Year 5 Year
15,682 16,305 16,929 18,174 19,428 20,680 22,198
*The General Helper classification will be utilized as an entry level for
Building Safety Attendant. Employees successfully completing their
probationary period as a General Relper will be immediately promoted
without examination and without need for a vacancy to the class of
Building Safety Attendant.
III. DISPATCH BONUS
A $500 annual bonus (pro-rated hi-weekly) will be paid to Building
Safety Attendants assigned to dispatch functions (Limit of 4).
IV. MINIMUM CALL-1N
Any employee required to work overtime which is non-contiguous to the
employees regular work schedule shall be entitled to a minimum of two (2)
hours work or pay at the applicable overtime rate.
(12)
APPENDIX A
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
10. Income Continuation Insurance
11. Dental Insurance
12. Tuition Reimbursement
The fringe benefits modified in previous collective bargaining
agreements shall continue in effect as modified and described in the Oakland
County Employees' Handbook.
*Those employees hired or rehired after July 1, 1984 shall not be eligible for
Service Increment as contained in Merit Rule #2, Section VII.
{13',
FISCAL NOTE
BY: FINANCE COMMITTEE, DR. G. WILLIAM CADDELL, CHAIRPERSON
TN RE: MISCELLANEOUS RESOLUTION #84229-SAFETY DIVISION-LABOR AGREEMENT
1983-198, TEAMSTERS LOCAL 129
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
Pursuant to Rule XI-C of this Board, the Finance Committee has reviewed
Miscellaneous Resolution #84229 and finds:
1) The agreement for the two and one-half (2f) year period-July 1,
1983 thru December 31, 1985, covering 39 Budgeted Positions have
a 1984 annual cost of $34,835,
2) The total budgeted cost for the period beginning January 1 thru
December 31, 1984 is $34,835, of which $27,330 is a Salary cost
and $7,505 is for associated Fringe Benefit costs,
3) $27,330 is available in the 1984 Salary Adjustment Account and $7,505
is available in the 1984 Fringe Benefit Adjustment Account,
4) The Board of Commissioners appropriates $27,330 from the 1984 Salary
Adjustment Account and $7,505 from the 1984 Fringe Benefit Adjustment
Account and transfers said amount to the 1984 Safety Division Budget
as follows:
909-01-00-9901 Salary Adjustment
909-01-00-9906 Fringe Benefit Adjustment
132-01-00-1001 Safety Division-Salaries
132-01-00-2074 Safety Division-Fringes
(27,330)
(7,505)
27,330
7,505
-0-
Further, that the 1985 portion of this agreement be incorporated with the
1985 Budget.
FINANCE COMMITTEE
155.(e,c74).-C-j)r
#84229 September 13, 1984
Moved by McDonald supported by Rewold the resolution with Fiscal Note attached,
be adopted.
AYES: Perinoff, Pernick, Price, Rewold, Wilcox, Aaron, Calandra, Doyon,
Foley, Fortino, Gosling, Hobart, Jackson, R. Kuhn, S. Kuhn, Lanni, Law, McConnell,
McDonald, McPherson, Moffitt, Moore, Nelson, Page. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution with Fiscal
Note attached was adopted.
STATE CF MICHIGAN)
COUNT( Of OAKLAND)
I, Lynn D. Allen, Clerk of the County of Oakland and having a seal,
do hereb-1 certify that I have compared the annexed copy of
Resolution #84229 adopted by the Oakland County Board of Commissioners at their
meeting held on September 13, 1584
with the arginial record thereof now remaining in my office, and
that it is a true and correct transcript therefrom, and of the
whole thereof.
In Testimony Whereof, I have hereunto set my hand and affixed the
seal of said County at Pontiac, Michigan
13th day of 41110 September 1984
• A
silt o ALLEN
County Clerk/Register of Deeds
this