HomeMy WebLinkAboutResolutions - 1990.11.29 - 18279Miscellaneous Resolution # 90269 November 8, 1990
BY: PERSONNEL COMMITTEE - John P. Calandro, Chairperson
IN RE: PERSONNEL DEPARTMENT - 1990 - 1992 LABOR AGREEMENT FOR EMPLOYEES
REPRESENTED BY THE MICHIGAN NURSES ASSOCIATION
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Health Division, the County of Oakland
and the Michigan Nurses Association have been negotiating a contract covering
approximately 130 Public Health Nurses of the Oakland County Health Division;
and
WHEREAS a three (3) year agreement has been reached for the period
January 1, 1990 through December 31, 1992 and said agreement has been reduced
to writing; and
WHEREAS the agreement has been reviewed by your Personnel Committee
which recommends approval of the agreement; and
WHEREAS there are also nine (9) Public Health Program Coordinators
who directly supervise employees in this bargaining unit whose salary
differential will be significantly diminished unless an adjustment is made in
their rate;
NOW THEREFORE BE IT RESOLVED that the proposed agreement between the
County of Oakland and the Michigan Nurses Association, 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.
BE IT FURTHER RESOLVED that Public Health Program Coordinators
receive a lump sum payment equivalent to one-half of one percent (½) of their
current 1990 rate to be paid at the same time as the 1990 retroactive payment
is made to the employees in the unit.
P
GOING RESOLUTION RESOLUTION
Dakel F. Murphy, Cour*
BE IT FURTHER RESOLVED that the 1991 Public Health Program
Coordinators class be considered an exception to the salary grade table and
their 1991 rate be established as follows:
Base 1 Year 2 Year 3 Year 4 Year 5 Year
31,405 33,318 35,232 37,148 39,061 40,976
Mr. Chairperson, on behalf of the Personnel Committee, I move the
adoption of the foregoing resolution.
PERSONNEL COMMITTEE
THE COUNTY OF OAKLAND
AND
MICHIGAN NURSES ASSOCIATION
Collective Bargaining Agreement
1990 - 1992
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
Oakland County Executive, hereinafter referred to collectively as the "Employer"
and the Michigan Nurses Association, hereinafter referred to as the "Association"
and the association's affiliate the Professional Registered Nurses of Oakland
County Health Division, hereinafter referred to as the "Association Council." 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. All references to the
feminine in this agreement shall apply equally to the masculine and vice versa.
I. RECOGNITION
The Employer recognizes the Association as the exclusive representative
of the following employees, 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 Association 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 full-time and regular eligible part-time Registered Public
Health Nurses employed in the Health Division. Excluding all other
employees, supervisors as defined by the Act, confidential,
temporary, part-time non-eligible, and substitute employees,
Registered Nurses working in the Jail Facility, and Health
Educators.
II. 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 Association members shall not be discriminated against as
such.
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IV. GRIEVANCE REPRESENTATIVES
Section 1.
There shall be two Grievance Representatives for the North Office Health
Department and two Grievance Representatives for the South Office. All Grievance
Representatives must work out of the Office they represent and only one
Representative will be released to handle a specific grievance.
Grievance Representatives 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.
Permission for Grievance Representatives to leave their work will not be
unreasonably withheld. Grievance Representatives will report their time to their
supervisor upon returning from a grievance discussion.
The privilege to leave their work during working hours, without loss of
pay, is extended with the understanding that the time will be devoted to the
prompt handling of grievances and will not be abused, and that they will continue
to work at their assigned jobs at all times except when permitted to leave their
work to handle grievances.
Section 2.
Should any Grievance Representative position become vacant the
Association agrees to promptly fill the vacancy and then notify the employer
within five (5) working days.
Section 3.
Grievance Representatives may receive but shall not solicit grievances
(this is not to be construed as to prohibit Grievance Representatives from
advising members related to contract interpretation).
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held, the grievant may attend if she so desires. The supervisor will attempt to
adjust the matter and will give a written decision within ten (10) working days of
receipt of the written grievance.
Step 3.
Any grievance not settled at Step 2 may be submitted to the next meeting
of the grievance committee. The Association grievance committee shall consist of
two Grievance Representatives. This committee may be assisted by a representative
of the Michigan Nurses Association. A grievant may be present during all or a
portion of a Grievance Committee Meeting by mutual agreement of the parties. Any
grievance not submitted to the next grievance meeting, by written notification to
the Employer within five (5) working days of the immediate supervisor's written
decision, shall be considered dropped. The Employer will give a written decision
within fifteen (15) working days of such meeting.
Step 4.
Any matter not settled in Step 3 of the grievance procedure may be
submitted to final and binding arbitration. The request for arbitration must be
submitted to the Employer within fifteen (15) calendar days of the Employer's
written response to the Grievance Committee Meeting. The grievance upon which
Arbitration has been demanded shall be referred to one of the following
Arbitrators in accordance with the date of the written grievance, the oldest
grievance being referred first:
1. John Coyle
2. Richard Kanner
3. Keith Groty
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
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(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.
VII. LAYOFF 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 for a period
equal to their length of service, but not to exceed three (3) years, prior to the
hiring of any new employees. An employee being recalled to work shall have at
least three (3) working days written notice before the employee must report to
work. A certified letter sent to the employee's last known address shall
constitute proper notice.
VIII. PROMOTIONS AND TRANSFERS
Section 1.
(a) Promotions made within the bargaining unit shall be carried out in
a manner consistent with the provisions of the Oakland County Merit System.
(b) The Employer will post on the Bulletin Boards notice of new
positions or vacancies in existing positions in or out of the bargaining unit, for
a period of five (5) days, Saturdays, Sundays, and holidays excluded.
(c) Employees who wish to be considered for the position shall make a
written application to the Chief of the appropriate service or his/her designated
representative during the posting period, stating the employee's qualifications.
The Employer will decide who is best qualified to fill the position after
considering the factors determined applicable by the Employer.
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IX. GENERAL CONDITIONS
Section 1.
The Association 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 Association office or
selected by the Association to do work which takes them from their employment with
the County, shall at the written request of the Association be granted a leave of
absence without pay. The leave of absence shall not exceed two (2) years, but it
may be renewed or extended for a similar period at any time upon the written
request of the Association.
Section 3.
When any position not listed on the wage schedule is filled or
established, the County shall designate a job classification and rate structure
for the position. In the event that the Association does not agree that the
classification is proper, it shall have the right to submit the issue as a
grievance through the grievance procedure within a three month period.
Section 4.
Special conferences for important matters may be arranged at a mutually
convenient time between the MNA representative and the Employer or its designated
representative upon the request of either party. Such meetings shall be between
at least two (2) representatives of the Employer and no more than two (2)
Association council representatives of the Association and the MNA 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.
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1.
2.
Section 8.
The Employer shall assign space on bulletin boards which shall be used
by the Association for posting notices bearing the written approval of any elected
officer of the Association Council, which shall be restricted to:
a. Notices of Association meetings
b. Notices of Association elections
c. Notices of results of Association elections and Association
appointments
d. Notices of Association recreational and social affairs
e. Other notices of bonafide Association affairs, which are not
political or libelous in nature.
Section 9.
All Public Health Nurses will be provided with identification to place
in their automobiles while on duty. Said identification will state that they are
Oakland County Health Division employees and are on duty.
Section 10.
Notice to Employer. At least two (2) weeks written notice of
termination of employment shall be given to the Employer by an employee.
However, if due to extenuating circumstances, the employee is unable to
give two (2) weeks notice, the Employer may elect to waive the two (2)
weeks notice requirement in the payment of termination benefits. If the
required notice is not given or there is no waiver thereof by the
Employer, then no termination benefits are payable. (To include Annual
Leave Reimbursement and/or Sick Leave Reimbursement.)
Notice to Employee. At least two (2) weeks written notice of
termination of employment or pay in lieu thereof shall be given to an
employee, unless the termination is a discharge for cause.
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provided for in the Oakland County Merit System, which incorporates the Oakland
County Employee's Handbook, except those excluded by this agreement, are
incorporated herein by reference and made a part hereof to the same extent as if
they were specifically set forth.
XI. MAINTENANCE OF CONDITIONS
Wages, hours and conditions of employment legally in effect at the
execution of this agreement shall, except as modified herein, be maintained during
the term of this agreement.
XII. ECONOMIC MATTERS
The Agreement between the parties on economic matters are set forth in
the Appendices attached hereto and are incorporated into this collective
bargaining agreement, subject to the terms and conditions thereof.
XIII. NO STRIKE - NO LOCKOUT
Under no circumstances will the Association 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 Association shall immediately
instruct the involved employees in writing, that their conduct is in violation of
the contract and that all such persons shall immediately cease the offending
conduct.
The Employer will not lockout any employees of the bargaining unit
during the term of this Agreement.
XIV. DURATION
This agreement shall remain in full force and effect from January 1,
1990 to midnight, December 31, 1992. 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, 1992 that it desires to modify the
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MICHIGAN NURSES ASSOCIATION AGREEMENT
APPENDIX B
I
For the following fringe benefits refer to the Oakland County Employee's
Handbook:
1. Injury on the Job
2. Holidays
3. Leave of Absence
4. Death Benefits
5. Longevity
*6. Medical and 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 covered under County provided
health care shall contribute $5.00 by payroll deduction each pay period
toward this coverage.
**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
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.
***Employees hired on or after January 1, 1989 will not be eligible for
County reimbursement of Medicare-Part B coverage.
APPENDIX A
Wages 1990
The following merit salary schedule shall become effective December 30,1989 through June
30,1990.
I. Employees hired prior to June 12,1986.
Base 6 MO. 1 YR 2 YR 3 YR 4 YR 5 YR
PHN I
PHN 11
PHN III
22,805 23,926
26,559
32,371
28,132 29,707
33,780 35,185
II. Employees hired on or after June 12,1986.
Base 6 MO. 1 YR 2 YR 3 YR 4 YR 5 YR
PHN I
PHN II
PHN III
20,494 21,723 22,953 24,181 25,411 26,642
22,665 24,024 25,384 26,746 28,106 29,466
27,065 28,689 30,313 31,937 33,562 35,185
The following merit salary schedule shall become effective July 1,1990 through December
28,1990.
I. Employees hired prior to June 12,1986.
Base 6 MO. 1 YR 2 YR 3 YR 4 YR 5 YR
PHN I
PHN II
PHN III
23,717 24,883
27,621
33,666
29,257 30,895
35,131 36,592
II. Employees hired on or after June 12,1986.
Base 6 MO. 1 YR 2 YR 3 YR 4 YR 5 YR
P1-IN I
PHN II
PHN III
21,314 22,592 23,871 25,148 26,427 27,708
23,572 24,985 26,399 27,816 29,230 30,645
28,148 29,837 31,526 33,214 34,904 36,592
MENCRANEUM OF AGREEKENr
This Agreement entered into this day of December, 1990 by and
between the County of Oakland and the Michigan Nurses Association as follows:
1. A committee consisting of not more than five (5) employee
members of Staff Council shall be established for the purpose of discussing
with the Administrator of PPHS and his/her designated nursing staff
representatives matters of mutual concern directly related to the quality of
nursing practice. (Nursing practice is defined as the application of nursing
skills and knowledge in a clinical or community setting.) The employee
members of the committee shall be selected from the following areas: One (1)
North Office Field Nursing; One (1) South Office Field Nursing; One (1) Clinic
and Special Programs; One (1) Adult Health and Chronic Diseases; and One (1)
at large. Others may be invited to meetings from time to tie by mutual
agreement of the parties; provided, however, that the consent of either party
to such attendance not be arbitrarily and consistently withheld.
A. Meetings shall be held every two months with the schedule
determined by the PPHS Administration. If a problem should arise that cannot
be deferred until such bi-monthly meeting, a special meeting may be scheduled
by mutual consent.
B. A written agenda shall be submitted by the committee to the
Administrator of PPHS at least seven (7) days prior to a scheduled meeting.
If there are items which the Administrator of PPHS desires to add to the
agenda, the chairperson of the committee shall be notified of the same not
less than three (3) days before the meeting.
C. Minutes of the meetings will be kept and will be accepted
by both parties prior to transmittal of same to others. Summaries of the
Nursing Practice Committee shall be transmitted to all work areas.
COUNTY OF OAKLAND
By
MICHIGAN NURSES ASSOCIATION
By
D. The members of the Nursing Practice Committee engaged
during their work shift in these meetings shall be entitled to release time as
needed without loss of pay up to two (2) hours, unless extended by mutual
consent.
2. This agreement shall terminate at midnight December 31, 1992.
November 29, 1990
FISCAL NOTE
BY: FINANCE COMMITTEE, DR. G. WILLIAM CADDELL, CHAIRPERSON
IN RE: PERSONNEL DEPARTMENT- 1990-1992 LABOR AGREEMENT FOR EMPLOYEES
REPRESENTED BY THE MICHIGAN NURSES ASSOCIATION- MISCELLANEOUS
RESOLUTION #90269
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
The Finance Committee, having reviewed the above referenced
resolution, reports as follows:
1. The three (3) year agreement provides an effective 5.06% increase
to the Public Health Nurse positions for 1990; a 6.0% increase
for 1991 and a 5.0% increase for 1992.
2. This increase calculates into an additional governmental fund
cost to the Health Division budget of $223,307 in 1990, $283,381
in 1991, and $297,550 in 1992.
3. In addition, in order to maintain the wage differential between
The Public Health Nurses and Public Health Program Coordinator
classification, the latter classification will receive a lump-sum
payment equal to 1/2% of salary for 1990 and a 8.658% increase
for 1991.
4. This increase calculates into an additional governmental fund
cost to the Health Division budget of $964 in 1990 and $21,703 in
1991.
5. Funds are available in the 1990 Health Division budget to cover
the cost of the 1990 increases for the Nurse and Coordinator
classifications.
6. The 1991 Budget anticipated a 4.5% increase, the negotiated rates
will cost approximately $86,000 above the amount in the County
Executive's Recommended Health Division budget.
7. Actual costs will be built into the salary and fringe benefit
forecast generated for the 1991 Adopted Budget, and may require a
reduction in the anticipated 1991 Contingency Account.
Finance Committee
ts7/no9004fr
Resolution # Q0269 November 29, 1990
In Testimony Whereof, I have hereunto set Tly hand and affix9d1the seal of the CoWy
of Oakland at Pontiac, Michigan this 29th day ofit---"NovelMiagr— /?47,1/19911_ of Oakland at Pontiac, Michigan this 29th
Moved by Calandro supported by Pappageorge the resolution be adopted.
AYES: Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson, R. Kuhn, S.
Kuhn, Law, McConnell, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Price,
Rewold, Skarritt, Wolf, Aaron, Caddell, Calandro, Chester. (23)
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 November 29, 1990
with the original record thereof now remaining in my office.
7, Lynn qf Allen, County C14rk