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HomeMy WebLinkAboutResolutions - 1968.04.30 - 18868April 30, 1968 RESOLUTION NO. RE: AFL - CIO CONTRACT SHERIFF'S EMPLOYEES BY: PERSONNEL POLICIES COMMITTEE TO THE OAKLAND COUNTY BOARD OF SUPERVISORS MR. CHAIRMAN, LADIES AND GENTLEMEN WtiEMEAS, THE COUNTY OF OAKLAND and the Sheriff of the County of Oakland have been negotiating a contract on behalf of the employees f the Sheriff's Department with the American Federation of State, County and Municipal Employees, Local 1445 AFL - CIO; and WHEREAS, an Agreement has been reached and reduced to writing; and WHEREAS, your Committee recommends the approval of such agreement; and WHEREAS, your Committee recommends that the Membelsof this Board have an opportunity to become familiar with the terms of such acirc?ement NOW TH7T:r0RE BE IT RESOLVED that the Agreement betweeri tte County of Oakland on behalf of the Sheriff of Oakland County and the American Federation of State, County and Municipal 7mployQs, Local 1445 AFL -CIO, a copy of which has been distributed to each Member of this Board, be and the same is hereby made a Special Order of business at the next, meeting of this Board of Supervisors. MR. CHAIRMAN, on behalf of the Personnel Policies Committee, and with the concuriance of th:ga Ways and Means Committee, I move the adoption of the foregoing resolution. 4866 AGREEMENT 1 This agreement is made and entered into on this 2 day of , A.D., 1968, by and between the 3 Oakland County Sheriff and the Oakland County Board of Supervisors, 4 hereinafter referred to collectively as the "Employer", and Local 5 1445, American Federation of State, County and Municipal Employees, 6 AFL-CIO, hereinafter referred to as the "Union", It is the desire 7 . of both parties to this agreement to continue to work harmoniously 8 and to promote and maintain high standards, between the employer 9 and employees, which will hest serve the citizens of Oakland County. 10 L RECOGNITION 11 The Employer recognizes the Union as the exclusive repre- 12 sentative of the employees of the Oakland County Sheriff's Depart- 13 ment, for the purposes of collective bargaining with respect to 14 rates of pay, wages, hours of employment and other terms and condi- 15 tions of employment, in the following bargaining unit for which 16 they have been certified, and in which. the Union is recognized as 17 collective bargaining representative, subject to and in accordance 18 with the provisions of Act 336 of the Public Acts of 1947, as amended, 19 All employees of the Oakland County 20 Sheriff's Department, excluding the 21 sheriff, under sheriff, captain and 22 all other executives or supervisors. 23 II. MANAGEMENT RESPONSIBILITY 24 The right to hire, promote, discharge or discipline, and 25 to maintain discipline and efficiency of employees, is the sole 26 responsibility of the Employer except that Union Members shall not 27 be discriminated against as such. In addition, the work schedules, 28 methods and means of departmental operation are solely and exclu- 29 sively the responsibility of the Employer, subject, however, to the 30 provisions of this agreement. 31 III.. DUES CHECK-OFF 32 The Employer agrees to deduct the union membership 33 initiation fee and dues, once each month., from the pay of those (1) 1, employees who individually authorize in writing that such deductions 2 be made. All authorizations delivered to the Employer prior to the 3 first day of the month shall become effective during that succeeding 4 month, Check-off monies will be deducted from the second paycheck 5 of each month and shall. be remitted together with an itemized state- 6 ment to the local treasurer, within fourteen (14) days after the 7 deductions have been made, • 8 The Union will protect and save harmless the Employer from 9 any and all claims, demands, suits and other forms of liability by 10 reason of action taken by the Employer for the purpose of complying 11 with this section. 12 Iv. BASIS OF REPRESENTATION 13 Section 1. 14 There shall be one steward and an alternate steward for 15 each shift. In addition, there shall be one steward and alternate 16 each for the Women's Division and the Detective's Division- 17 Stewards will be permitted to leave their work, after 18 obtaining approval of their respective supervisors and recording 19 their time, for the purpose of adjusting grievances in accordance 20 with the grievance procedure and for reporting to the grievant a 21 change in status of his grievance. Permission for stewards to leave 22 their work stations will not be unreasonably- withheld. Stewards 23 will report their time to their supervisor upon returning from a. 24 grievance discussion. 25 The privilege of stewards to leave their work during working 26 hours, without loss of pay, is extended with the understanding that 27 the time will be devoted to the prompt handling of grievances and 28 will not be abused, and that they will continue to work at their 29 assigned jobs at all times except when permitted to leave their 30 work to handle grievances, 31 Section 2. 32 There shall also be one Chief Steward and one alternate 33 Chief Steward. (2) Section 3. 2 There shall be a grievance committee consisting of the 3 Chief Steward and two other members to be selected by the Union 4 and certified in writing to the Employer. 5 The Employer shall meet whenever necessary, at a mutually 6 convenient time, with the union grievance committee. The purpose 7 of grievance committee meetings will be to adjust pending grievances, 8 and to discuss procedures for avoiding future grievances. In addi- 9 tion, the committee may discuss with the Employer other issues which 10 would improve the relationship between the parties. 11 V. CRIEVU.0 PROCEDURE 12 The Employer and the Union support and subscribe to an 13 orderly method of adjusting employee grievances. To this end, the 14 Employer and the Union agree that an employee should first bring 15 his problem or grievance to the attention of his immediate super- 16 visor, with or without his steward, who shall attempt to resolve 17 the grievance informally. Dismissals, suspensions, demotions and 18 disciplinary actions of any type shall not be a subject for the 19 grievance procedure but shall be processed according to the pro- 20 cedures of the Personnel Appeal Board. 21 Step 1. 22 If the grievance is not settled infoliaally, it shall be 23 discussed with the shift steward and shall be reduced to writing, signed by the grievant and submitted to his immediate supervisor. Step 2. The written grievance shall be discussed between the shift steward and the immediate supervisor, and the Chief Steward if so desired. The supervisor will attempt to adjust the matter and will, give his written decision within five (5) days (excluding Saturday, Sunday and holidays) 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. Any grievance 24 25 26 27 28 29 30 31 32 33 34 35 (3) 1 2 3 27 28 29 not submitted to the next grievance committee meeting, by written notification to the Employer within five (5) days of the iwmadinte supervisor's written decision, shall be 4 considered Any matter :.et settled in Step 3 of the grievance procedure 6 may be submItted to final a•.-j :binding arbitration upon mutual agree - 7 pent of the parties; A. recat for arbitration must be submitted by 8 written notice to the other narty within fifteen (15) days after 9 the grievance committee meeting. Expenses for arbitration shall be 10 horns eouary by both. parties; 11 If the partics fail to sEd2c11 an arbitrator, one will be 12 selected under the rale , of th AmrIcri. Arbitration. Association, 13 Any grioYhoe ;:ealed., from a decision in one of the 14 steps of the grievance co the next step as prescribed, 15 shall be c.on.iT e. the last decision final and binding, 16 eYoept that time limits m,u , ha extended by mutual agreement of the 17 parties. 18 VI. BULLETIN 19 The 7mployer shall assign a locked bulletin hoard which 20 shall be used Ly Union for :2astins notices, bearing the written 21 approval of the Presid Ilnien local, which shall be me 22 stricted to: (a) Notices of Union recreational and social affairs; 24 (h) 7oticen of !.11on. elections; 25 (c) Notices of Union anncintirs and. ::esults of 26 Union. elections; (d) Notices of Unisl! (e) Other notices of )a fide Union affairs which are not political or libelous in nature. 30 VII. 5E77177 31 New employees may acquire seniority by working six (6) 32 continuous months, in which eNtant the omployee's seniority will 33 date .:aci< to the data of hire into the department. When the employee 34 acquires seniority, his nape •h,7.11 be placed on the seniority list, 35 in the order of his seniority dats; (4) 5 2 3 Section 1. The Union shall be notified .n advance of anticipated 33 be held thereon. 34 Section 2. 35 The provisions of this agreement shall be applied equally 1 An up-to-date seniority list shall be furnished to the 2 Union every six (6) months. 3 An employee shall lose his seniority for the following 4 reasons: 5 (a) If the employee resigns or retires; 6 (b) If the employee is discharged, and not reinstated; 7 (c) If the employee is absent from work for three working 8 days, without properly notifying the Employer, unless 9 a satisfactory reason is given; 10 (d) If the employee does not return to work at the end 11 of an approved leave; 12 (e) If the employee does not return to work when recalled 13 from a layoff. 14 VIII. LAYOFF AND RECALL 15 If and when it becomes necessary for the Employer to re- 16 duce the number of employees in. the work force, the employees will 17 be laid off in seniority order, based on capability of performing 18 available jobs and shall be recalled in the same order. 19 TX. -PROMOTIONS 20 All promotions within the bargaining unit shall be made 21 OR the basis of competitive examination as provided for In the Oak 22 land County Merit System. The Sheriff will make his selection for 23 promotion from the three. highest ranking candidates who have passed 24 the promotional examination. 25X. FALSE ARREST INSURANCE 26 Employees covered by this agreement shall be provlded, by 27 the Employer, a policy of False Arrest liability insurance, The 28 29 XI. 30 31 32 permanent major changes in working conditions and discussions shall premiums for such insurance will be paid by the County. GENERAL CONDITIONS (5) T i71 effect roved herein, e shall the execution. and without favoritism to all aryls in the bareaAl.:o There 2 shall be no discrimination as to ay, sex, marital f.fhus, race, color, 3 creed, national origin or political affiliation, The. Union. shall 4 share equally with the Employe-if the responsibjlity. for applying this 5 provision of the agreement, 6 XII, ADOPTION BY REFERENCE OF F7T.F7T 7 RESOLUTIONS AND PERSONNEL, Pt(LCI 8 All Resolutions of the •)an..1 C)unty Board of Supervisors, 9 10 conditions and compensation of the employees covered by this 11 ment, and all other benefits and policies nro,T: 12 land County Merit Syste, which incorporates the ,1:zini County 13 14 15 16 17 18 19 20 21 22 23 24 25 ment shall be incorporated init.o this collectiv 26 and be subject to the ten 27 XV. NO STRIKE - NO LOCKOUT 28 29 or permit its members to c,n„,f,e, nor will an7 30 unit take part, in any strike, sitdown, stay-it or slowdown or any 31 violation of any State law. Tr the. :vent of a work sLoT.n.o! or 32 33 employees in writing, that their conduct is in violation of t 34 contract and that all such pers-ms shall 35 offending conduct, as amended or changed, from time to time- relating to the working lc:: for in the Oak- Employees Handbook, are [-nec -,:,-K a part hereof to the same extort a XIII. MAINTENANCE OF CONDITIONS Wages, hours and conditions of nmpir at the execution of this agreement snail , except be maintained during the term of suffer a reduction in such heni, of this agreement. XIV. ECONOMIC MATTERS It is agreed List be subject to further bargaining of negotiations and agreement on If they wore Fpecifically set forth. m:atters shall e parties, lie= completion 7.Jratten agree- agreement referencs and ..:Lade, th.eitme ci. Under no circumstances will the Union cause or J .i,olize of the bargaining other curtailment, the Union shall immediately- instruct the i-n7.olved teiv (6 ) 1 The Employer will not lockout any employees of the 2 bargaining unit during the term of this agreement. 3 XVI. DURATION 4 This agreement shall remain in full force and effect until 5 midnight, December 31, 1969, It shall he automatically renewed from 6 year to year thereafter unless either party shall notify the other, 7 in writing, sixty (60) days prior to the anniversary date, that it 8 desires to modify this agreement. In the event that such notice is 9 given, negotiations shall begin not later than sixty (60) days prior 10 to the anniversary date. This agreement shall remain in full force 11 and be effective during the period of negotiations and until notice 12 of teimination of this agreement is provided to the other party in 13 the manner set forth in the following paragraph, 14 In the event that either party desires to terminate this 15 agreement, written notice must be given to the other party no less 16 than ten days prior to the desired termination date which shall not 17 be before the anniversary date set forth in the preceding paragraph. 18 It is agreed and understood that the provisions contained 19 herein shall remain in full force and Effect e long as they are not 20 in violation of applicable statutes and crirnces and remain within 21 the jurisdiction of the County of Oakland. AMERICAN FEDERATION OF STAT, COUNTY AND MUNICIPAL EMPLMES LOCAL 1445, AFL—CIO ONKLAN-7J COUNTY SHERIFF Frank Irons, Sheriff COUNTY OF OAKLAND, A Michigan Constitutional Corporation By Delos 'Hamlin, Chairman; and John D. Murphy, Clerk of its Board of Supervisors (7)