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HomeMy WebLinkAboutResolutions - 1991.07.25 - 18500June a., 1991 Miscellaneous Resolution # 91137 BY: PERSONNEL COMMITTEE - Marilynn E. Gosling, Chairperson IN RE: PERSONNEL DEPARTMENT - 1990 - 1993 LABOR AGREEMENT FOR EMPLOYEES REPRESENTED BY THE UNITED AUTOMOBILE, AEROSPACE AND AGRICULTURAL IMPLEMENT WORKERS OF AMERICA, UAW (PUBLIC HEALTH SANITARIANS) TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: WHEREAS representatives of the United Automobile, Aerospace and Agricultural Implement Workers of American, UAW and the County of Oakland have been negotiating a contract covering forty-six (46) Public Health Senior Sanitarians, Sanitarians and Sanitarian Technicians in the Oakland County Health Division; and WHEREAS a three and one-half (31/2) year agreement covering these employees has been reached with the union for the period May 22, 1990, through December 31, 1993 and said agreement has been reduced to writing; and WHEREAS said agreement has been reviewed by your Personnel Committee which recommends approval of the agreement; NOW THEREFORE BE IT RESOLVED that the agreement between the County of Oakland and the United Automobile, Aerospace and Agricultural Implement Workers of American, UAW / 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 Committee, I move the adoption of the foregoing resolution. PERSONNEL COMMITTEE THE COUNTY OF OAKLAND HEALTH DIVISION AND UNITED AUTOMOBILE, AEROSPACE AND AGRICULTURAL IMPLEMENT WORKERS OF AMERICA, UAW (Public Health Sanitarians) Collective Bargaining Agreement 1990 - 1993 9/ 25/9 0 AGREEMENT This agreement is made and entered into on this day of A.D., 19 by and between the Oakland County Board of Commissioners and the Oakland County Executive, hereinafter referred to collectively as the "Employer," and the Oakland County Unit of Local 889 of the United Automobile, Aerospace and Agricultural Implement Workers of America, UAW, 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 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 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 full-time and part-time eligible Public Health Senior Sanitarians, Sanitarians and Sanitarian Technicians in the Oakland County Health Division excluding clerical, supervisory, administrative and all other employees. 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 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. The steward or alternate will be permitted to leave work, after obtaining approval of their respective supervisor and recording their time, for the purpose of adjusting grievances in accordance with the grievance procedure and for reporting to grievants a change in status of their grievance. Permission for the steward to leave their work station will not be unreasonably withheld. 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. Stewards must work out of the office they represent and only one shall be released to handle a specific grievance. The unit chairperson shall be afforded the opportunity to attend Step 3 (Grievance Committee) or Step 4 meetings without loss of time or pay after obtaining approval from their supervisor and recording their time. 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 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. 6 Section 2 Members of the bargaining units shall not solicit grievances from other members. (This shall not be construed as prohibiting stewards from advising members related to contract interpretation.) V. GRIEVANCE PROCEDURE 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 employees should first bring their problem or grievance to the attention of their immediate supervisor, with or without the presence of their steward within ten (10) working days of the occurrence or within ten (10) working days after the Union or the aggrieved becomes aware of the cause (3) Step .5 Any matter not settled in Step 3 or Step 4 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 within fifteen (15) days of the Employer's written response following the Step 3 grievance committee meeting or within ten (10) working days of the Step 4 meeting if scheduled.. An arbitrator will be utilized from a rotating list agreed to by the parties. 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. The arbitrator will render a decision in writing within thirty (30) days of the hearing or after receipt of post-hearing briefs. The decision of the arbitrator will be final and binding on the parties, and may be enforced in any court of competent jurisdiction. The parties will bear their own expenses individually and share in the arbitrator's fees and expenses equally. Neither party shall be responsible for the expense of witnesses called by the other. 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 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. Unless specified otherwise, time limits herein shall consist of County work days Monday through Friday. VI. SPECIAL CONFERENCES Special conferences for important matters may be arranged at a mutually convenient time between the Union and Employer upon the request of either party. Such meetings shall be between at least two representatives of the Employer and no more than two (5) VIII. 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 119, 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. IX. 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 Service Administrator or Division Manager 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. X. GENERAL CONDITIONS Section I 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. The County shall notify the union at such time as the new classification is established. In the event the (7) Section 5 The Employer shall assign space on bulletin boards in each office which shall be used by the Union for posting notices bearing the written approval of the unit chairperson, which shall be restricted to: a. Notices of Union meetings b. Notices of Union elections c. Notices of results of Union elections and Union appointments d. Notices of Union recreational and social affairs e. Other notices of bona fide Union affairs, which are not political or libelous in nature. Section 6 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.) XI. 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. XII. 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 (9) United Automobile, Aerospace and Agricultural Impl4mera Widrker: of America r, JA W 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 for continued application. COUNTY OF OAKLAND, a Michigan Constitutional Corporation ) Roy Rewold, Chairperson OAKLAND COUNTY EXECUTIVE DANIEL T. MURPHY P9 (II) U.A.W. SANITARIANS APPENDIX B 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 MILEAGE Employees required to drive their personal vehicle on official County business shall receive mileage reimbursement in accordance with current Board of Commissioner approved Travel Regulations. Should any other represented unit receive improvements to the Mileage Reimbursement Rate during the term of this Agreement, the improvement shall be applied to members of this unit at the same time and in the same manner as applied to other units. P9 July 25, 1991 FISCAL NOTE (Misc. 91137) BY: FINANCE COMMITTEE, DR. G. WILLIAM CADDELL, CHAIRPERSON IN RE: PERSONNEL DEPARTMENT - 1990-1993 LABOR AGREEMENT FOR EMPLOYEES REPRESENTED BY THE UNITED AUTOMOBILE, AEROSPACE AND AGRICULTURAL IMPLEMENT WORKERS OF AMERICA, UAW (PUBLIC HEALTH SANITARIANS) - MISCELLANEOUS RESOLUTION #91137 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 #91137 and finds the 1991 increase associated with this agreement has been included in the 1991 Health Division Budget, no additional appropriation is required. FINANCE COMMITTEE i:\tim\hlt\san.fn Resolution # 91137 July 25, 1991 Moved by Gosling supported by Ferrens the resolution be adopted. AYES: Johnson, Krause, Law, McConnell, McCulloch, McPherson, Moffitt, Oaks, Olsen, Palmer, Pappageorge, Pernick, Price, Rewold, Schmid, Serra, Skarritt, Wolf, Aaron, Bishop, Caddell, Ferrens, Gosling, Huntoon, Jensen. (25) 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 July 25, 1991 with the original record thereof now remaining in my office. In Testimony Whereof, I have hereunto set mV hand and affixed the seal of the County of Oakland at Pontiac, Michigan this 25th day 9,f—) July 1991 v LynnjO. Ailen, County Clerk