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HomeMy WebLinkAboutResolutions - 1991.04.11 - 18360Miscellaneous Resolution # 91052 March 14, 1991 BY: PERSONNEL COMMITTEE - Marilynn Gosling, Chairperson IN RE: CHILDREN'S VILLAGE - 1990 - 1992 LABOR AGREEMENT FOR EMPLOYEES REPRESENTED BY GOVERNMENT EMPLOYEES LABOR COUNCIL TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland and the Government Employees Labor Council have been negotiating a contract covering 111 employees of the Children's Village; and WHEREAS a three year agreement has been reached with these employees for the period January 1, 1990 through December 31, 1992 and said agreement has been reduced to writing; and WHEREAS said agreement has been reviewed by your Personnel Committee which reconmends approval of the agreement. NOW THEREFORE BE IT RESOLVED that the agreement between the County of Oakland and the Government Employees Labor Council 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 Conmittee, I move the adoption of the foregoing resolution. PERSONNEL COMMITTEE THE COUNTY OF OAKLAND CHILDREN'S VILLAGE AND GOVERNMENTAL EMPLOYEES LABOR COUNCIL Collective Bargaining Agreement 1990 - 1992 4 AGREEMENT Agreement entered into on this day of by and between the County of Oakland (hereinafter referred to as the "Employer") and The Governmental Employees Labor Council (hereinafter referred to as the "Union"). I. RECOGNITION The Employer recognizes the Union as the exclusive representative of all employees of the Oakland County Children's Village 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 Act 379 of Public Acts of 1965. All full-time employees of the Oakland County Children's Village, excluding all confidential and supervisory employees. II. PURPOSE AND INTENT The general purpose of this Agreement is to set forth certain terms and conditions of employment, and to promote orderly and peaceful labor relations for the mutual interest of the Employer, its employees and the Union. The parties recognize that the interest of the community and the job security of the employees depend upon the Employer's success in establishing, and the Union's success in rendering proper services to the public. To these ends, the Employer and the Union encourage to the fullest degree friendly and cooperative relations at all levels and among all employees. The parties recognize that the Employer is legally and morally obligated to guarantee to all citizens a fair and equal opportunity for employment, and to these ends agree that no person shall be denied employment or membership in the Union, nor in any way be (2) 5 discriminated against because of sex, age, race, color, creed, national origin, political or religious beliefs. The masculine pronouns and relative words herein used shall be read as if written in plural and feminine, if required by the circumstances and individuals involved, and is not intended to be discriminatory in any fashion. III. MANAGEMENT RIGHTS 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 operations are solely and exclusively the responsibility of the Employer, subject, however, to the provisions of this agreement. IV. 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 and made a part hereof to the same extent as if they were specifically set forth. V. AID TO OTHER UNIONS Section 1. The Employer agrees and shall cause its designated agents not to aid, promote, or finance any other labor group or organization which purports to engage in collective bargaining or to make any agreement with any such group or organization for the purpose of undermining the Union. Section 2. The Union agrees not to make agreements with any other union for the purpose of coercing the Employer. (3) 6 VI. 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 Ledbe 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. (c) Any employee may voluntarily cancel or revoke the Authorization for Check- off deduction upon written notice to the Employer and the Union. Such voluntary withdrawl from payroll deduction of Union Dues may only occur during the period December 16 through December 31 of any calendar year. (d) 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. VII. 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 (4) 7 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 both verbally and in writing, with copies to the employer, 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. VIII. BASIS OF REPRESENTATION Section 1. There shall be one Steward and an Alternate Steward for each shift. Stewards must come from the shift they represent. Stewards will be released from their work, after obtaining approval of their respective supervisors and recording their time, only for the purpose of adjusting grievances in accordance with the grievance procedure and for reporting to the grievant a change in status of his/her grievance. Approval 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 of stewards 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. There shall also be one Chief Steward and one Alternate Chief Steward. (5) 8 Section 3. There shall be a Grievance Committee consisting of three (3) members of the represented group, certified in writing to the Employer. Either the Bargaining Unit President or Chief Steward, or both, upon sufficient notice to the Employer, may substitute for a member or members of the Grievance Committee. A Representative of G.E.L.C, may be included in the Union's grievance committee should the union deem it necessary. The Employer shall meet whenever necessary, at a mutually convenient time, with the union grievance committee. The purpose of grievance committee meetings will be to adjust pending grievances, and to discuss procedures for avoiding future grievances. In addition, the committee may discuss with the Employer other issues which would improve the relationship between the parties. Section 4. - Bargaining Committee The Employer agrees to recognize one committee representing all employees of the bargaining unit, such committee shall be composed of not more than two (2) members selected by the union and certified in writing to the Employer. The Bargaining unit President may participate as an additional member of the bargaining committee. IX. 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, and an attempt will be made to resolve the grievance informally. In the event the steward is called, he shall be released from his duties as soon as possible, and in any event, no later than the beginning of his shift the next day. The (6) 9 supervisor, the employee and the steward shall meet simultaneously in an attempt to resolve the matter. Dismissals, suspensions, demotions and disciplinary actions of any type shall not be subjects for the grievance procedure and shall be processed in accordance with the procedures of the Oakland County Personnel Appeal Board. Step 1 If the grievance is not settled informally between the employee and his immediate supervisor, the employee shall have the right to discuss the grievance with his steward. If, in the steward's opinion, proper cause for the complaint exists, the union shall have the right to submit a written grievance on the complaint to the immediate supervisor within ten (10) days of the incident giving rise to the grievance. The written grievance must be signed by the employee and his steward and receipt acknowledged by the employee's immediate supervisor. Step 2 The department will give its written reply within ten (10) days (excluding Saturday, Sunday and holidays) of receipt of the written grievance. Step 3 A grievance not settled at Step 2 may be submitted to the Grievance Committee within five days of the date of the receipt of the written reply. Any grievance not submitted to the Grievance Committee by written notification to the Employer within five days shall be considered dropped. A meeting on the grievance shall be scheduled by the Grievance Committee within ten days (excluding Saturdays, Sundays and Holidays) unless the time is extended by mutual agreement of both parties. Section 2. The time limits specified hereinafter for movement of grievance through the process shall be strictly adhered to. In the event that a grievance is not appealed within the particular specified time limit, it shall be deemed to be settled on the basis of the Employer's (7) 10 last answer. 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. Section 3. All specified time limits herein shall consist only of County work days Monday through Friday. Section 4. Each grievance shall have to be initiated within ten (10) days of each occurrence of the cause for complaint or, if neither the aggrieved nor the Union had knowledge of said occurrence at the time of its happening, then within (10) days after the union or the aggrieved becomes aware of the cause for complaint. X. BULLETIN BOARD The Employer shall assign appropriate space on bulletin boards which shall be used by the Union for posting notices, bearing the written approval of the President of the Union local, which 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 which are not vulgar, obscene, political or libelous in nature. XI. SENIORITY Section 1. 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. (8) 11 When the employee acquires seniority, his/her name shall be placed on the seniority list, in the order of his/her 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 consecutive working days, without properly notifying the Employer, unless a reason satisfactory to the employer 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 except that, an employee shall not lose seniority if within three (3) days of receipt of notice of recall to work, he gives a written notice to the Employer of his intent to return to work within five (5) days of the receipt of such notice and does return within the five (5) day period. Consideration may be given by the Employer of reasons given by any employee who has given notice but fails to return within the five (5) day period. Notice of recall shall be by Certified Mail-Return Receipt Requested and mailed to the employees last known address. Section 2. Shift preference will be granted at Children's Village on the basis of seniority, within the classification, provided the employee meets the qualifications of the vacancy. Shift preference may be utilized only for vacancies created by employee separation, promotion or the creation of a new position. Vacancies created by employee transfers, as a result of shift preference, shall not be subject to shift preference. (9) 12 promotions within the bargaining unit shall be made on the basis of XII. LAYOFF, RECALL, AND TRANSFERS (a) 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 reverse order of their seniority, based on capability of performing available jobs and shall be recalled in order of their seniority. (b) The employer will endeavor to notify the Union at such time as the employer anticipates the laying off of employees represented by this bargaining unit. XIII. TEMPORARY CHANGE OF RATE In cases in which an employee's temporary assignment includes taking over the ultimate responsibilities inherent in a higher level job and the temporary assignment is for more than thirty (30) consecutive working days, the base salary rate for the classification assigned will be paid during the period the employee is required to work in the higher class, retroactive to the day in which the temporary assignment began. In the event the base rate of the higher class is lower than the employee's regular higher step over their regular rate. XIV. PROMOTIONS (a) All rate the employee will be paid at the next competitive examination as provided for in the Oakland County Merit System. The Employer will make his selection for promotion from the five highest ranking candidates who have passed the promotional examination. (b) Should the employer determine to examine for possible promotion within the bargaining unit, notice will be sent to the Local union President or his/her designee for posting on the Union bulletin board. (10) 13 XV. GENERAL CONDITIONS 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. The reemployment rights of employees and probationary employees who are veterans will be limited by applicable laws and regulations. Section 3. Employees elected to any permanent full-time union office or selected by 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 two (2) years, but it may be renewed or extended for a similar period at any time upon the written request of the Union. Any employee on approved Union leave of absence will continue to accumulate Union seniority while on leave but will not receive credit toward "Length of County Service" for fringe benefit purposes under Rule 22, Oakland County Merit System. Section 4. When any position not listed on the wage schedule is filled or established, the County may designate a job 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 sixty (60) day period. (11) 14 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 this unit. Section 6. Special conferences will be arranged between the Local President and the Employer upon the request of either party. Unless otherwise agreed, such meetings shall be between at least two (2) representatives of the Employer and no more than three (3) representatives of the Union. Unless otherwise agreed, arrangements for such special conferences shall be made at least twenty-four (24) hours in advance, and the conference shall be scheduled within ten (10) working days after the request is made. An agenda of the matters to be taken up at the meeting, together with the names of the conferees representing the requesting party, 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. Such conferences shall be held during regular working hours. Members of the Union shall not lose time or pay for time spent in such special conferences and no additional compensation will be paid for such employees for time spent in such conferences beyond regular working hours. A representative of the G.E.L.C. may attend the special conference. Section 7. Any employee required to work overtime which is not contiguous to the employee's regular work schedule shall be entitled to a minimum of two (2) hours work or pay for weekdays and three (3) hours work or pay for weekends or holidays at the time-and-one-half rate. (Weekdays are defined as the first five (5) days of work which are part of an employee's regular work schedule.) (12) 15 XVI. MAINTENANCE OF CONDITIONS Wages, hours and conditions of employment in effect at the execution of this agreement shall, except as improved herein, be maintained during the term of this agreement. No employee shall suffer a reduction in such benefits as a consequence of the execution of this agreement except that some benefits may be increased or decreased in the process of negotiations between the parties and made a part of the final agreement. XVII. ECONOMIC MATTERS Wages and fringe benefits are attached hereto as Appendix A and Appendix B. XVIII. 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. XIX. DURATION This Agreement shall remain in full force and effect until midnight, December 31, 1992. 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. It is agreed and understood that the provisions contained herein shall remain in full force and effect so long as they are not in violation of applicable statutes and ordinances and remain within the jurisdiction of the County of Oakland. (13) 16 ounty Executive COUNTY OF OAKLAND, a Michigan Constitutional Corporation XX. The Union recognizes the right and duty of the County of Oakland and the Children's Village to operate and manage its affairs in accordance with the State of Michigan Constitutional provisions and statutes and such Constitutional provisions and statutes shall take precedence over any conflicting provisions which might be contained in this Agreement. If any article or section of this agreement or any appendix or supplement thereto should be held invalid by any 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. Governmental Employees Labor Council B1 Roy Rewold, Chairpersôn Board of Commissioners (14) P32 17 CHILDREN'S VILLAGE EMPLOYEES APPENDIX A Salaries - 1990 CLASSIFICATION BASE 1 YEAR 2 YEAR 3 YEAR 4 YEAR 5 YEAR Account Clerk I 16,934 17,958 18,982 20,008 21,033 22,058 Account Clerk II 18,785 19,920 21,057 22,191 23,329 24,462 Child Welfare Worker I 24,466 25,942 27,420 28,896 30,372 31,850 Child Welfare Worker!! 26,898 28,521 30,143 31,767 33,390 35,013 Clerical Trainee 13,770 Clerk! 14,385 15,254 16,126 16,998 17,870 18,741 Clerk!! 14,809 15,738 16,672 17,603 18,537 19,466 Clerk III 16,934 17,958 18,982 20,008 21,033 22,058 First Cook 16,079 17,052 18,026 19,000 19,973 20,947 Lieneral Staff Nurse 26,148 27,608 29,067 30,527 31,985 33,444 Second Cook 14,809 15,738 16,672 17,603 18,537 19,466 Secretary! 17,833 18,910 19,990 21,067 22,146 23,225 Typist! 14,809 15,738 16,672 17,603 18,537 19,466 Typist II 15,429 16,382 17,334 18,286 19,242 20,194 Youth Specialist! 18,204 19,305 20,407 21,508 22,608 23,711 Youth Specialist II 19,178 20,337 21,497 22,655 23,815 24,972 (15) 18 CHILDREN'S VILLAGE EMPLOYEES APPENDIX A, Continued Salaries - 1991 CLASSIFICATION BASE 1 YEAR 2 YEAR 3 YEAR 4 YEAR 5 YEAR Account Clerk I 17,696 18,766 19,836 20,908 21,979 23,051 Account Clerk II 19,630 20,816 22,005 23,190 24,379 25,563 Child Welfare Worker! 25,567 27,109 28,654 30,196 31,739 33,283 Child Welfare Worker II 28,108 29,804 31,499 33,197 34,893 36,589 Clerical Trainee 14,390 Clerk I 15,032 15,940 16,852 17,763 18,674 19,584 Clerk II 15,475 16,446 17,422 18,395 19,371 20,342 Clerk III 17,696 18,766 19,836 20,908 21,979 23,051 First Cook 16,803 17,819 18,837 19,855 20,872 21,890 Cieneral Staff Nurse 27,325 28,850 30,375 31,901 33,424 34,949 Second Cook 15,475 16,446 17,422 18,395 19,371 20,342 Secretary! 18,635 19,761 20,890 22,015 23,143 24,270 Typist I 15,475 16,446 17,422 18,395 19,371 20,342 Typist II 16,123 17,119 18,114 19,109 20,108 21,103 Youth -Specialist I 19,023 20,174 21,325 22,476 23,625 24,778 Youth Specialist II 20,041 21,252 22,464 23,674 24,887 26,096 Salaries - 1992 Children's Village employees represented by (i.E.L.C. shall be entitled to receive the same general increase as approved by the Oakland County Board of Commissioners to take effect during calendar year 1992 for non-represented employees. All such adjustments shall be applied at the same time and in the same manner as applied to the general non-represented group. (16) 19 CHILDREN'S VILLAGE EMPLOYEES 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/Personal Leave 8. Retirement 9. Annual Leave 10. Income Continuation Coverage 11. Dental Coverage 12. Tuition Reimbursement (17) 20 Appendix B (continued) II (a) Employees required to drive their personal vehicle on official County business shall receive twenty-five (25) cents per mile. (b) Any previous practice of paying mileage on a "home to home" basis for employees working overtime is eliminated. (c) In the event there is a Federal Tax placed on gasoline for the purpose of energy conservation, the employer agrees to discuss the matter with the union. III Any improvement in the shift differential bonus applied to non-represented employees during the term of the agreement which exceeds the rates currently paid to these represented employees shall be applied to members of this bargaining unit at the same time and in the same manner as applied to the non-represented employees. (18) 21 April 11, 1991 FISCAL NOTE (Misc. 91052) BY: FINANCE COMMITTEE, DR. G. WILLIAM CADDELL, CHAIRPERSON IN RE: CHILDREN'S VILLAGE - 1990-1992 LABOR AGREEMENT FOR EMPLOYEES REPRESENTED BY GOVERNMENT EMPLOYEES LABOR COUNCIL - MISCELLANEOUS RESOLUTION #91052 TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS 7- Mr. Chairperson, Ladies and Gentlemen: Pursuant to Rule XI of this Board, the Finance Committee has reviewed Miscellaneous Resolution #91052 and finds: 1. The County of Oakland and the Government Employees Labor Council has reached agreement for the years 1990-1992 for 111 represented employees at the Children's Village; 2. The agreement stipulates a 4.5% salary increase for 1990, a 4.5% salary increase for 1991, and a "me too" clause with non-represented employees in 1992; 3. Funds have been allocated in the 1990-1991 Children's Village budget to cover this increase, no additional appropriations are recommended. FINANCE COMMITTEE i:\tim\cv\union.fn OAKLAND COUNTY CHILDREN'S VILLAGE AND GOVERNMENT EMPLOYEES LABOR COUNCIL 1990-1992 AGREEMENT FINANCIAL SUMMARY 1990 Represented Employees Base Salary and Service Increment (ave. 2.2% of salary) $2,509,933 1990 Salary Adjusted for the 4.5% Increase 2,620,668 1990 Salary Increase $ 110,735 1990 Fringe Increase (29.8%) $ 33,000 1990 TOTAL INCREASE $ 143,735 1991 Represented Employees Base Salary and Service Increment (ave. 2.2% of salary) $2,620,668 1991 Salary Adjusted for the 4.5% Increase 2,736,384 1991 Salary Increase $ 115,716 1991 Fringe Increase (29.8%) 34,484 1991 TOTAL INCREASE $ 150,200 A 4.5% annual increase was anticipated in the 1990/1991 Children's Village budget, funds are available to cover the cost of this increase no additional appropriation is required. In 1992 the union has agreed to a "me too" clause with the represented employees, therefore any anticipated increase will be built into the 1992/1993 County Executive's Recommended Budget. Prepared by: Budget Division/TS February 12,1991 Resolution # 91052 April 11, 1991 Moved by Gosling supported. by Serra the resolution be adopted. AYES: Johnson, Krause, McConnell, McCulloch, McPherson, Millard, Moffitt, Oaks, Olsen, Palmer, Pappageorge, Pernick, Schmid, Serra, Skarritt, Wolf, Aaron, Caddell, Crake, Ferrens, Gosling, Huntoon, Jensen. (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 April 11, 1991 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 11th day of-) . April ?, 1991 Lynn. Allen, County Clerk