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HomeMy WebLinkAboutResolutions - 1968.07.18 - 189154903 AGREEMENT This agreement is made and entered into on this 18th day of Jul , A.D., 1968, by and between the Oakland County Board of Auditors and the Oakland County Board of Supervisors, hereinafter referred to collectively as the "Employer", and Metropolitan Council No. 23, of the American Federation of State, County and Municipal Employees, AFL-CIO, hereinafter referred to as the "Union". It is the desire of both parties to this agree- ment 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. RECOGNITION The Employer recognizes the Union as the exclusive repre- sentative of the employees of the Building Custodial Division of the Oakland County Board of Auditors, 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 Emended. All employees of the Building Custodial Division of the Board of Auditors, ex- cluding all Security Guard classifications and all supervisors as defined in the Act. 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 exclu- sively the responsibility of the Employer, subject, however, to the provisions of this agreement. III. DUES CHECK-OFF The Employer agrees to deduct the union membership ini- tiation 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 de- ductions have been made. 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. IV. BASIS OF REPRESENTATION Section 1. There shall be one steward and an alternate steward for each shift. Stewards 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 and for reporting to the grievant a change in status of his grievance. Permission 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. Section 3. There shall be a grievance committee consisting of the Chief Steward and two other members to be selected by the Union (2) an certified in writing to the Employer. 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 addi- tion, the committee may discuss with the Employer other issues which would improve the relationship between the parties. 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 an employee should first bring his problem or grievance to the attention of his immediate super- visor, with or without his steward, who shall attempt to resolve the grievance informally. Dismissals, suspensions, demotions and disciplinary actions of any type shall not be a subject for the grievance procedure but shall be processed according to the pro- cedures of the Personnel Appeal Board. Step 1. If the grievance is not settled informally, it shall be discussed with the shift steward and shall be re- duced 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 not submitted to the next grievance committee (3) meeting, by written notification to the Employer within five (5) days of the immediate supervisor's written decision, shall be considered dropped. Any matter not settled in Step 3 of the grievance proce- dure may be submitted to final and binding arbitration upon mutual agreement of the parties. A request for arbitration must be submitted by written notice to the other party within fifteen (15) days after the grievance committee meeting. Expenses for arbitration shall be borne equally by both parties. If the parties fail to select an arbitrator, one will be selected under the rules of the American Arbitration Association. 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. VI. BULLETIN BOARD The Employer shall assign a locked bulletin board which shall be used by the Union for posting notices, bearing the written approval of the President of the Union local, which shall be re- stricted to: (a) Notices of Union recreational and social affairs; (h) 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 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 into the department. When the employee acquires seniority, his name shall he placed on the seniority list, in the order of his seniority date. (4) 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; (e) If the employee does not return to work when recalled from a layoff. VIII. LAYOFF AND RECALL If and when it becomes necessary for the Employer to re- duce the number of employees in the work force, the employee will be laid off in seniority order, based on capability of performing available jobs and shall be recalled in the same order. IX. PROMOTIONS All promotions within the bargaining unit shall be made on the basis of competitive examination as provided for in the Oak- land County Merit System. The Employer will make his selection for promotion from the three highest ranking candidates who have passed the promotional examination. X. 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 provisions of this agreement shall be applied equally and without favoritism to all employees in the bargaining unit. There shall be no discrimination as to age, sex, marital status, race, color, creed, national origin or political affiliation. The Union shall share equally with the Employer the responsibility for (5) applying this provision of the agreement. XI. ADOPTION BY REFERENCE OF RELEVANT RESOLUTIONS AND PERSONNEL POLICIES All Resolutions of the Oakland County Board of Supervisors, as amended or changed, from time to time, relating to the working conditions and compensation of the employees covered by this agree- ment, and all other benefits and policies provided for in the Oak- land 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. XII. MAINTENANCE OF CONDITIONS Wages, hours and conditions of employment legally 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. XIII. ECONOMIC MATTERS It is agreed that economic matters not included herein shall be subject to further bargaining between the parties. Upon completion of negotiations and agreement on economic matters such written agree- ment shall be incorporated into this collective bargaining agreement and be subject to the terms and conditions thereof. XIV. 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 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 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 bar- gaining unit during the term of this agreement. (6) OAKLAND COUNTY BOARD OF AUDITORS XV. DURATION This agreement shall remain in full force and effect until midnight, December 31, 1969. It shall he 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. Tn 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 teimination 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. AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES METROPOLITAN COUNCIL NO. 23, AFL—CIO COUNTY OF OAKLAND, a Michigan Constitutional Corporation By , Delos Hamlin, Chairman; and JoliniD. Murphy, Cle,44k or/its Boa* of Superviso AGREEMENT This agreement is made and entered into on this day of , A.D., 1968, by and between the Oakland County Board of Auditors and the Oakland County Board of Supervisors, hereinafter referred to collectively as the "Employer", and Metropolitan Council No. 23, of the American Federation of State, County and Municipal Employees, AFL-CIO, hereinafter referred to as the "Union". It is the desire of both parties to this agree- ment 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 repre- sentative of the employees of the Building Custodial Division of the Oakland County Board of Auditors, 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 employees of the Building Custodial Division of the Board of Auditors, ex- cluding all Security Guard classifications and all supervisors as defined in the Act. 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 exclu- sively the responsibility of the Employer, subject, however, to the provisions of this agreement. III. DUES CHECK-OFF The Employer agrees to deduct the union membership ini- tiation 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 de- ductions have been made. 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. IV. BASIS OF REPRESENTATION Section 1. There shall be one steward and an alternate steward for each shift. Stewards 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 and for reporting to the grievant a change in status of his grievance. Permission 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. Section 3. There shall be a grievance committee consisting of the Chief Steward and two other members to be selected by the Union (2) and certified in writing to the Employer. The Employer shall meet whenever necessary, at a mutually convenient time, with the union grievance committee. The purpose of grievance committee meetings will he to adjust pending grievances, and to discuss procedures for avoiding future grievances. In addi- tion, the committee may discuss with the Employer other issues which would improve the relationship between the parties. 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 an employee should first bring his problem or grievance to the attention of his immediate super- visor, with or without his steward, who shall attempt to resolve the grievance infoLmally. Dismissals, suspensions, demotions and disciplinary actions of any type shall not be a subject for the grievance procedure but shall be processed according to the pro- cedures of the Personnel Appeal Board. Step 1. If the grievance is not settled infoLmally, it shall be discussed with the shift steward and shall be re- duced 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 not submitted to the next grievance committee (3) meeting, by written notification to the Employer within five (5) days of the immediate supervisor's written decision, shall be considered dropped. Any matter not settled in Step 3 of the grievance proce- dure may be submitted to final and binding arbitration upon mutual agreement of the parties. A request for arbitration must be submitted by written notice to the other party within fifteen (15) days after the grievance committee meeting. Expenses for arbitration shall be borne equally by both parties. If the parties fail to select an arbitrator, one will be selected under the rules of the American Arbitration Association. 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. VI. BULLETIN BOARD The Employer shall assign a locked bulletin board which shall be used by the Union for posting notices, bearing the written approval of the President of the Union local, which shall be re- stricted 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 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 into the department. When the employee acquires seniority, his name shall be placed on the seniority list, in the order of his seniority date. (4) 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; (e) If the employee does not return to work when recalled from a layoff. VIII. LAYOFF AND RECALL If and when it becomes necessary for the Employer to re- duce the number of employees in the work force, the employee will be laid off in seniority order, based on capability of performing available jobs and shall be recalled in the same order. IX. PROMOTIONS All promotions within the bargaining unit shall be made on the basis of competitive examination as provided for in the Oak- land County Merit System. The Employer will make his selection for promotion from the three highest ranking candidates who have passed the promotional examination. X. 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 provisions of this agreement shall be applied equally and without favoritism to all employees in the bargaining unit. There shall be no discrimination as to age, sex, marital status, race, color, creed, national origin or political affiliation. The Union shall share equally with the Employer the responsibility for (5) applying this provision of the agreement. XI. ADOPTION BY REFERENCE OF RELEVANT RESOLUTIONS AND PERSONNEL POLICIES All Resolutions of the Oakland County Board of Supervisors, as amended or changed, from time to time, relating to the working conditions and compensation of the employees covered by this agree- ment, and all other benefits and policies provided for in the Oak- land 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. XII. MAINTENANCE OF CONDITIONS Wages, hours and conditions of employment legally 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. XIII. ECONOMIC MATTERS It is agreed that economic matters not included herein shall be subject to further bargaining between the parties. Upon completion of negotiations and agreement on economic matters such written agree- ment shall be incorporated into this collective bargaining agreement and be subject to the terms and conditions thereof. XIV. NO STRIKE - NO LOCKOUT Under no circumstances will the Union cause or authorize or petmit 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 lam. In the event of a work stoppage or other curtailment, the Union 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 bar- gaining unit during the term of this agreement. (6) XV. DURATION This agreement shall remain in full force and effect until midnight, December 31, 1969. It shall he 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. AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES METROPOLITAN COUNCIL NO. 23, AFL-CIO OAKLAND COUNTY BOARD OF AUDITORS Daniel T. Murphy, Chairman COUNTY OF OAKLAND, a Michigan Constitutional Corporation By Delos 'Hamlin, Chairman; and John O. Murphy, Clerk of its Board of Supervisors Moved by Hall supported by Edward the resolution be adopted. A sufficient majority having voted therefor, the resolution was adopted.