Loading...
HomeMy WebLinkAboutResolutions - 1987.10.22 - 18087APP7OVE THE FOREGOING RESOLUTION 1 HE Dapisi T. Murphy, touilty ETV September 3, 1987 Miscellaneous Resolution if 87226 BY: PERSONNEL COMMITTEE - John P. Calandro, Chairperson IN RE: CIRCUIT COURT - FRIEND OF THE COURT - 1986 - 1988 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 Sheriffs Association have been negotiating a contract covering 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, 1986 through December 31, 1988 and said agreement has been reduced to writing; and WHEREAS your Personnel Committee has reviewed the Labor Agreement covering those employees represented by the Oakland County Deputy Sheriffs 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 Sheriffs 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 FISCAL NOTE - BY: FINANCE COMMITTEE, DR. G. WILLIAM CADDFT,T, CHAIRPERSON IN RE: CIRCUIT COURT - FRIEND OF THE COURT - 1986-1988 LABOR AGREEMENT FOR CIRCUIT COURT OFFICERS, OAKLAND COUNTY DEPUTY SHERIFF ASSOCIATION - MISCELLANEOUS RESOLUTION #87226 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 #87226 and finds: 1) The agreement for the three (3) year period, January 1, 1986 through December 31, 1988, covers nine (9) government funded positions, 2) 1987 cost is an increase of $12,772 to the Friend of the Court Budget, including $6,203 in salary increase, $1,619 in fringe benefit increase, and $4,950 in operating increase, 3) Funds are available in the 1987 Salary Adjustment Account, the 1987 Fringe Benefit Adjustment Account and the 1987 Contingency Account to cover the 1987 cost of this agreement, and recommends the transfer of said funds to the 1987 Friend of the Court Budgct as detailed below : 4-10100-909-01-00-9901 Salary Adjustment $(6,203) 4-10100-909-01-00-9906 Fringe Benefit Adjustment (1,619) 4-10100-909-01-00-9900 Contingency (4,950) 4-10100-312-03-00-1001 FCC - Salaries 6,203 4-10100-312-03-00-2070 FCC - Fringes 1,619 4-10100-312-03-00-3772 FCC - Clothing Alloc. 4,950 • $ -0- FINANCE COMMITT-77 THE COUNTY OF OAKLAND THE OAKLAND COUNTY CIRCUIT COURT AND THE OAKLAND COUNTY DEPUTY SHERIFFS ASSOCIATION CIRCUIT COURT SERVICE OFFICERS Collecti-kLe_..1 Agreemen t 1986 - 1988 This agreement is made and entered into on this day of , A.D., 1987, by and between Sixth Judicial Circuit Court, AGREEMENT hereinafter 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 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 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. -2- III. DUES CHECK-OFF (a) Union membership initiation fee and dues will be deducted 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 end of each calender 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 Chief Steward. 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 -3-- 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. Step I If the grievance is not settled informally, it may be discussed with the Chief Steward and reduced to writing; signed by the grievant and submitted to his/her immediate supervisor within five (5) days of the occurrence. -4-- Step 2 The written grievance shall be discussed between the Chief 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 -5- written grievance, the oldest grievance being referred first: 1. Michael P. Long 2. Sandra Silver 3. Richard Kanner 4. Alan Walt 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, 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. 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. -6- 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, subject to Management's approval; (e) 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; (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; -7- (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 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, and shall be recalled in the inverse order. (Refer to Rule #9, Oakland County Merit System Handbook.) IX, FALSE ARREST INSURANCE Employees covered by this agreement shall be provided, by the County, false arrest liability protection 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. -8- XI. ADOPTION BY REFERENCE OF 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 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, except that Merit Rule #Il shall not apply to employees covered by this agreement. 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, subject to the terms and conditions thereof. XIV. 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 employees involved shall be subject to immediate discharge as a violation of the collective bargaining agreement. The Employer will not lockout any employees of the bargaining unit during the term of this agreement. -9- by by by Rithard D. Kuhn, Chief Judge Sixth Judicial Circuit Court XV. DURATION This agreement shall remain in full force and effect from , to midnight, December 31, 1988. 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, 1988, 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 Chief Steward COUNTY OF OAKLAND, a Michigan Constitutional Corporation -10- Appendix A The following Merit System schedule shall become effective with the first pay period on or after January 1, 1986 I. Employees hired prior to the signing of this contract as shown on page 1 of the agreement. Base 1 Yrs. 2 Yrs. 3 Yrs. 4 Yrs. Circuit Court Service Officers 23,908 25,078 26,244 27,409 28,577 II. Employees hired on or after the signing of this contract as shown on page 1 of this agreement. Base 1 Yrs. 2 Yrs. 3 Yrs. 4 Yrs, 5 Yrs. Circuit Court Service Officers 21,289 22,566 23,843 25,122 26,399 27,676 Wages 1987 - 1988 Employees represented by this bargaining unit shall receive wage adjustments for 1987 and 1988 in a manner consistent with changes to non- represented employees who where part of the 1986 Salary Administration Project and who's salaries were determined to be "over target". Wage adjustments for represented employees shall be applied in the same percentage amount, in the same manner and at the same time each year as adjustments for non-represented employees determined to be "over target". Employees governed by Section I of this appendix shall receive adjustments in a manner consistent with employees determined to be "over target" -11- Appendix A Continued hired prior to January 4, 1986. Employees governed by Section II of this appendix shall receive adjustments in a manner consistent with employees determined to be 'over target" hired on or after January 4, 1986. Clothing and Cleaning Allowance Effective January 1, 1987 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. Clothing and cleaning allowance for 1986 will be paid in a lump sum of $275 following the signing of this agreement. -12- 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 Benefits 7. Sick Leave 8. Retirement 9. Annual Leave 10. Income Continuation Benefits 11. Dental Benefits 12, Tuition Reimbursement -13- COUNTY (OFZZ,ND SIXTH_ VDT4Air/E*J.iiTcop By OAKVANDCOUNTY)7UTY SHERR.IFF'S'ASSOC -14- / By FRINGE BENEFIT AGREEMENT The County of Oakland and the Sixth Judicial Circuit Court (hereinafter collectively the "Employer") and the Oakland County Deputy Sheriff's Association (hereinafter "Union") enter into the following agreement: 1. All employees in the Union bargaining unit have had the opportunity to become participants in the new fringe benefit plan as adopted by the Oakland County Board of Commissioners on September 12, 1985. 2. Commencing on September 1, 1987, or as soon as practicable thereafter, the Employer agrees to allow these employees to participate in the employer provided optical benefit plan. 3. Commencing on September 1, 1987, or as soon as practicable thereafter, the lifetime benefit limit for orthodontia shall be increased to $750.00 per eligible dependent. 4. Commencing on September 1, 1987, or as soon as practicable thereafter, the parties hereto agree that: a. the co-pay on the County provided prescription rider shall be increased to $3.00 per prescription; b. the deductible on the County provided master medical plan shall be increased to $100.00 per individual and $200.00 per family; c. the Employer shall require that an employee obtain a second surgical opinion from an Employer, 3rd Party Administrator or insurance carrier designated physician pursuant to any second surgical opinion program; d. the Employer shall adopt and require employees to follow a preauthorized hospital admission plan; P19 #87226 October 22, 1987 Moved by Calandro supported by McConnell the resolution, with a positive Fiscal Note attached, be adopted. AYES: Price, Rewold, Rowland, Skarritt, Wilcox, Aaron, Caddell, Calandro, Crake, Doyon, Gosling, Hobart, Richard Kuhn, Susan Kuhn, Lanni, Law, Luxon, McConnell, McDonald, Angus McPherson, Ruel McPherson, Moffitt, Page. (23) NAYS: None. (0) A sufficient majority having voted therefor, the resolution, with a positive Fiscal Note attached, was adopted. STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Lynn D. Allen, Clerk of the County of Oakland and having a seal, do hereby certify that I have compared the annexed copy of this Miscellaneous Resolution adopted by the Oakland County Board of Commissioners at their meeting held on October 22, 1987 with the orginial 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 this 22nd day of 7 ) October 19 87 CounAy Clerk/Register of Deeds