HomeMy WebLinkAboutResolutions - 1993.03.31 - 21665MISCELLANEOUS RESOLUTION #93038 March 18, 1993
BY: PERSONNEL COMMITTEE - Marilynn E. Gosling, Chairperson
IN RE: PERSONNEL DEPARTMENT - 1992 - 1994 LABOR AGREEMENT FOR
EMPLOYEES REPRESENTED BY THE OAKLAND COUNTY DEPUTY SHERIFF'S
AS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS, the Oakland County Sheriff's Department, the County
of Oakland and the Oakland County Deputy Sheriff's Association have
been negotiating a contract covering approximately 513 deputized
and non-deputized employees of the Oakland County Sheriff's
Department; and
WHEREAS, a three (3) year agreement has been reached for the
period January 1, 1992 through December 31, 1994 and said agreement
has been reduced to writing; and
WHEREAS, said collective bargaining agreement includes
provisions providing for an Internal Revenue Code Section 414(h)(2)
employer contributions pick-up arrangement to be effective April 3,
1993; and
WHEREAS, the agreement has been reviewed by your Personnel
Committee which recommends approval of the agreement;
NOW THEREFORE BE IT RESOLVED that the proposed agreement
between the Oakland County Sheriff's Department, the County of
Oakland and the Oakland County Deputy Sheriff's Association,
covering the aforesaid period and Internal Revenue Code Section
414(h)(2) pick-up arrangement effective April 3, 1993, 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.
Chairperson, on behalf of the Personnel Committee, I move the
adoption of the foregoing resolution.
PERSONNEL COMMITTEE
THE COUNTY OF OAKLAND
AND
OAKLAND COUNTY DEPUTY SHERIFF'S ASSOCIATION
SHERIFF'S DEPARTMENT EMPLOYEES
Collective Bargaining Agreement
1992 - 1994
AGREEMENT
This agreement is made and entered into this /4- day of
, A.D., 1993, by and between the Oakland County
Sheriff and the Oakland County Board of Commissioners, hereinafter
referred to collectively as the "Employer," and the Oakland County
Deputy Sheriffs' Association (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 employees of the Oakland County Sheriff's
Department, 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 Deputy I, Deputy II, Crime Laboratory Specialists I and
II, Sheriff Communications agents, Sheriff Communication Shift
Leaders, Police Para-Professionals, and Arson Investigators,
but excluding Supervisors and all other employees.
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 Department operations are solely and
exclusively the responsibility of the Employer, subject, however,
to the provisions of this Agreement.
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AGENCY SHOP
The following provision was awarded to the Union by Chairman
LoCicero in an Act 312 compulsory arbitration proceeding and not
included here by negotiations.
(a) All employees, as a condition of employment, shall be
required to pay to the Union an amount equivalent to the Union's
regular dues commencing with the first pay period ending in the
calendar month following completion of thirty (30) days of
employment. Such payments may be made as dues deductions as set
forth in this section and paid directly to the Union in accordance
with the Constitution and Bylaws of the Union.
(b) Employees not members of the Union and who desire
membership in the Union shall confirm their desire to join by
initiating their Union application form and dues deduction
authorization forms.
(c) Any person who is employed with the County prior to the
effective date of this provision and is covered by this provision
who is not a member of the Union and who does not make application
for membership within forty-five (45) calendar days after the
effective date of this provision shall, as a condition of
employment, pay to the Union each month a service charge as a
contribution toward the administration of this Agreement in an
amount equal to the regular Union membership dues. Employees who
fail to comply with this requirement shall be discharged by the
Employer within thirty (30) calendar days after receipt of written
notice to the Employer from the Union, unless the Employer is
otherwise notified by the Union in writing within said thirty (30)
calendar days.
(d) Any person who becomes an employee of the County after
this provision of the agreement is in effect, and is covered by
this Agreement, and is not a member of the Union, and does not make
application for membership within forty-five (45) calendar days
from the date of employment shall, as a condition of employment,
pay to the Union each month a service charge as a contribution
toward the administration of this provision in an amount equal to
the regular monthly Union membership dues. Employees who fail to
comply with this requirement shall be discharged by the Employer
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within thirty (30) calendar days after receipt of written notice to
the Employer from the Union, unless the Employer is otherwise
notified by the Union in writing within said thirty (30) calendar
days.
(e) The employer agrees to deduct from the wages of
bargaining unit employees all Union membership dues, initiation
fees, and assessment uniformly required, if any, as provided in a
written authorization, in accordance with the standard form used by
the Employer provided that said form shall be executed by the
employee. Dues and initiation fees will be authorized, levied, and
certified in accordance with the Constitution and Bylaws of the
Union. Each bargaining unit employee and the Union hereby
authorize the Employer to rely upon and to honor certifications by
the treasurer of the Union regarding the amounts to be deducted and
the iegality of the adopting action specifying such amounts of the
Union dues and initiation fees.
(f) The Employer agrees to deduct from the wages of any
bargaining unit employee who is not a member of the Union all Union
service fees as provided in a written authorization in accordance
with the standard form used by the Employer provided that said form
shall be executed by the employee.
(g) All dues and service for deductions shall be remitted to
the treasurer of the Union, the same to be by the Union allotted
and distributed in accordance with the Constitution, Bylaws and
regulations of the Union. On the request of the Employer, the
treasurer of the Union shall furnish the Employer a receipt for all
dues received.
(h) The Union will protect and save harmless and defend 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 the Agency Shop Clause of this Agreement.
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
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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 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 the 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
The following provision was awarded to the Union by Chairman
LoCicero in an Act 312 compulsory arbitration proceeding and is not
included here by negotiations.
The Local Union President shall, at his option, be scheduled
on the day shift, Monday through Friday. The Local Union President
may conduct Union business at the Department, however, he shall not
leave his work area without the permission of his supervisor, which
permission will not be unreasonably withheld. In no event shall
the Local Union President be paid overtime while conducting Union
business.
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The privilege of the Local Union President to leave his 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 Union matters and will not be abused, and that he
will continue to work at his assigned job at all times except when
permitted to leave his work.
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 supervisor, with or
without his steward, who shall attempt to resolve the grievance
informally. Suspensions, demotions and disciplinary actions other
than dismissals shall not be a subject for the grievance procedure
but shall be processed according to the procedures of the Personnel
Appeal Board. Dismissals are to be heard only by an arbitrator.
The list of rotating arbitrators will be canvassed to obtain the
earliest available date. The arbitrator must complete the hearing
and render a decision within ninety (90) calendar days unless the
Union shall establish that the delay, though caused by the Employee
or Employee's representative, was caused by just and reasonable
cause.
Step 1
If the grievance is not settled informally, it shall be
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.
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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 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 procedure
may be submitted to final and binding arbitration by either 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.
The grievances 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. Elliott Beitner
4. 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 a grievance has been referred to the
fourth arbitrator listed, the cycle shall repeat, beginning with
the first arbitrator. The arbitrator may interpret and apply the
provisions of this Agreement to determine the grievance before the
arbitrator. However, the arbitrator shall have no power or
authority, in any way, to alter, modify, amend, or add to any
provisions of this Agreement, or set a wage rate. The arbitrator
shall be bound by the express provisions of this Agreement.
Expenses for arbitration shall be borne equally by both parties.
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
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parties. In the event 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.
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
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 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 bargaining unit. When the
employee acquires seniority, his name shall be placed on the
seniority list in the order of his 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 (3) 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.
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VIII. 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 seniority order, with higher -classified
bargaining unit personnel bumping lower-classified bargaining unit
personnel based on departmental seniority and on capability of
performing available jobs and shall be recalled in the same order.
(b) If and when an employee is permanently transferred to
another division within the Department, the president or chief
steward shall be notified of said transfer by the Employer.
IX. PROMOTIONS
All promotions within the bargaining unit shall be made on the
basis of competitive examination as provided for in the Oakland
County Merit System. The Sheriff will make his selection for
promotion from the three highest-ranking candidates who have passed
the promotional examination. Employees when promoted will be
placed on the lowest step in the new class which provides an
increase over their current rate.
X. FALSE ARREST INSURANCE
Employees covered by this Agreement shall be provided by the
Employer a policy of False Arrest Liability Insurance. The
premiums for such insurance will be paid by the County.
XI. GENERAL CONDITIONS
Section 1
Except as otherwise provided herein, the employees in this
classification of Deputy I and Deputy II - Correction shall in or
before their seventh year of service with the Oakland County
Sheriff's Department be entitled to attend the police academy, with
the scheduling of their attendance at the sole discretion of the
Sheriff. The exception is as follows: Those employees in the
classification of Deputy I and Deputy II - Correction who shall
have completed seven years of service during the term of this
contract or prior to said term, shall be scheduled during the term
of this contract or prior to said term, at the sole discretion of
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the Sheriff to attend the police academy, provided there are
academy openings.
Section 2
The Department will send each calendar year a minimum of ten
(10) Deputy I's and/or Deputy II's to a MLEOTC certified police
academy.
Section 3
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
applying this provision of the Agreement.
Section 4
The re-employment rights of the employees and probationary
employees who are veterans will be limited by applicable laws and
regulations.
Section 5
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 shall be renewed or
extended for a similar period any time upon the written request of
the Union.
Section 6
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 is proper, the Union
shall have the right to submit the issue as a grievance through the
grievance procedure within a six (6) month period.
XII. SCHEDULING LEAVE
(1) Except in exigent circumstances not reasonably expected
to exceed thirty (30) days, a minimum of ten (10%) percent of the
bargaining unit employees at a job location shall be permitted to
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take annual leave, holiday leave, and/or personal leave at the same
time.
(2) Employees submitting written requests for annual,
holiday, or personal leave by April 15 for the period May 1 through
October 31 and by October 15 for the period November 1 through
April 30 shall be given preference in order of seniority for
scheduling the granting of annual, holiday, and personal leave for
the applicable periods; provided, however, that leave requests of
three (3) days or more in duration shall be scheduled first.
(3) Annual, holiday, and personal leave may also be requested
any time, subject to availability under Sections 1 and 2, above,
and shall be granted on a first come, first served basis. The
employer shall maintain a bid roster for such leave indicating the
order of when requests are received. When two (2) or more requests
are received at the same time, seniority shall prevail.
(4) Once granted, leave time may not be cancelled by the
Employer except during times of riot, natural disasters, and
extreme emergencies. With respect to scheduled leave involving at
least three (3) consecutive days, the Employee may only cancel the
leave with ten (10) days advance notice. The Employer may waive
this notice requirement, or permit partial cancellation of a
scheduled leave, upon a showing of good cause.
XIII. HOLIDAY LEAVE
Effective December 1, 1992, the provisions of the Oakland
County Merit System in the Oakland County Employee's handbook
concerning holidays, holiday pay, premium pay on holidays, and
overtime on holidays, shall not apply to members of the Bargaining
Unit with respect to Veteran's Day, Labor Day and the day after
Thanksgiving Day.
Effective December 1, 1993, the above stated holiday
provisions shall not apply to members of the bargaining unit with
respect to President's Day, Memorial Day, and the day after
Thanksgiving Day.
Effective the first pay period following December 1 of each
year, bargaining unit members shall receive five (5) days of
holiday leave. Employees hired after December 1 shall receive one
10
(1) day of holiday leave for each quarter annual period, or part
thereof, between their date of hire and November 30 (i.e., an
employee hired on May 1 would receive three (3) days of holiday
leave). Scheduling and use of holiday leave shall be subject to
the following restrictions:
(1) Holiday leave shall be used and scheduled in the same
manner as annual leave, except that an employee may only
use holiday leave when his/her annual leave accumulation
is less than two-thirds of the maximum accumulation.
(2) Employees may not accumulate holiday leave from one year
to the next year. Employees shall be paid for any unused
holiday leave for the period December 1 to November 30 on
the first payday following the end of the pay period
which includes November 30. Payment for unused holiday
leave shall be at the employee's straight time rate of
pay on November 30.
Employees separating from County service or leaving the
bargaining unit for other reasons shall be entitled to
one (1) day of holiday leave for each quarter annual
period or part thereof between their date of separation
or leaving the bargaining unit and the prior December 1
(i.e., an employee separating or leaving the bargaining
unit June 1 would be entitled to three (3) days of
holiday leave for that annual period).
Should a separating employee have used more holiday leave
at the time of separation or leaving the bargaining unit
than they would be entitled in accordance with the above
formula, the employer will subtract from the employees
annual leave bank the number of days used in excess of
those earned.
(3)
December 1 - February 28
March 1 - May 31
June 1 - August 31
September 1 - November 30
=1st quarter
=2nd quarter
=3rd quarter
=4th quarter
Employees separated from County Service shall be paid at
separation for their unused accumulation of Holiday Leave
at the salary rate the employee is being paid on his or
her final day of actual work.
(4) The one floating holiday which all employees have enjoyed
in the past will not be subject to the above regulations,
but will continue to be governed by the provisions of
Merit Rule 26.1.2.
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(5) These Holiday Leave provisions shall continue in effect
until December 31, 1995 unless earlier terminated or
modified by mutual agreement of the parties. Any party
may terminate these Holiday Leave provisions on December
31, 1995 upon written notice to the other parties.
XIV. HOLIDAY SCHEDULING
(1) At least 10 days prior to a holiday, as defined in Merit
Rule 26, the employer shall determine its staffing requirements and
affected employees shall be notified at least 10 days prior to the
holiday at each work location. Work locations under these
provisions shall be:
A.) Main Jail
B.) Jail Annex
C.) Southfield Annex
D.) Work Release
E.) D Building
F.) L Building
G.) Trustee Camp
H.) Boot Camp
I.) Circuit Court Building and Complex Patrol
J.) Rochester Hills Division
K.) Protective Services Division
1.) Addison
2.) Oakland
3.) Orion
4.) Independence
5.) Commerce
6.) Lyon
7.) Springfield
8.) Highland
9.) Brandon
10.) Parks
L.) Communications
(2) If staffing requirements for the holiday are less than
normal staffing requirements, the employer shall use the following
criteria to fill the available positions:
A. The opportunity to perform the available work shall be
offered by seniority to those employees who are normally
scheduled to work the day of the holiday. The employee
must accept the holiday work assignment, by volunteering
prior to the 10 day notification.
B. Holiday assignments shall be made by work location by
classification with Deputy I positions filled by Deputy
I employees and Deputy II positions filled by Deputy II
employees. These assignments shall not be
interchangeable between classifications under this
procedure.
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C. In the event an insufficient number of employees
volunteer to work on a holiday, the Sheriff may require
employees, who are normally scheduled to work the day of
the holiday, to work the holiday based on reverse
seniority or the employer may select by seniority from a
list of qualified volunteers who are normally scheduled
to work the holiday.
(3) All existing Merit Rules governing pay for holidays shall
continue to apply except as modified by this Agreement.
XV. LOCATION PREFERENCE
(1) Except as otherwise provided herein, seniority employees
may make applications for location preference in the same
classification in which they are working at the time of
application.
(2) "Location" for the purpose of location preference shall
mean each regular assignment in Protective Services or Corrections,
including each substation, Traffic, Alcohol Enforcement, CRT,
Parks, Civil Division, Main Jail, Annex, Court Detail, Southfield
Jail, "D" Building, "L" Building, Work Release, Marine Division,
Complex Patrol, and Visitation.
(3) Requests for location preference shall be subject to the
following criteria:
A. To request a location a deputy must have at least one (1)
year seniority and be on active duty and have merit
system status in the required classification.
B. Any deputy transferred pursuant to his/her request shall
be ineligible to submit another request for location
preference for twelve (12) months. This twelve month
period may be waived by the Sheriff upon presentation by
the deputy of extenuating circumstances acceptable to the
Sheriff.
C. A deputy who has refused a requested location preference
is ineligible for location preference request for twelve
(12) months.
D. All location preference requests shall automatically
expire one (1) year from the date of the request, unless
earlier terminated by written request of the deputy.
E. Employees desiring a location assignment must submit a
location preference request directly to the Sheriff, with
a copy to the Union. All requests shall be time-stamped
upon receipt by the Sheriff.
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F. The Sheriff shall have the sole authority to make the
final decision on the assignment of deputies in the
Technical Services Division, and for patrolman
investigator, weighmaster, and motorcycle positions,
school liaison officer and station desk officer. The
Sheriff shall also have sole authority to make the final
decision on the assignment of deputies to the Trustee
Camp and Boot Camp.
G. Qualified Corrective Services personnel shall be eligible
to bid for Deputy I road Patrol positions.
H. Notwithstanding anything herein to the contrary, the
Sheriff may transfer a deputy from a contracted area or
court detail when requested in writing to do so by a
contracting mayor or township supervisor, or by a court
judge, as the case may be.
(4) On October 1 of each odd numbered year, a qualified
deputy requesting a location assignment will be assigned to the
location he/she requested, provided he/she has seniority greater
than other deputies requesting that assignment. Only written
requests on file as of September I will be honored. The Sheriff
may limit the number of transfers to a specific location to one-
half (1/2) of the bargaining unit members at such location during
this bid process. With respect to Court Detail only (Lobby and
Hall Courthouse detail excluded), the Sheriff may limit the number
of transfer requests honored to three Deputy I positions and one
Deputy II position during this bid process. Court Detail shall
include assignments to Circuit, Probate, and District Courts.
(5) Deputies requesting a location transfer must be capable
to step in and perform in a competent manner without the necessity
for detailed instruction or training. Management shall not refuse
a location preference request because the deputy has not previously
performed the job, or because it is necessary to describe the
proper sequence of the job and its responsibilities. However, the
Sheriff may deny a location preference request for appropriate
reasons, but the Sheriff's approval shall not be unreasonably
withheld. The affected deputy shall be provided, upon written
request, oral and written explanation for the location preference
denial.
(6) Whenever a location vacancy exists, that vacancy shall be
filled by the most senior qualified deputy with a valid location
preference request pending. If there are no qualified deputies
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requesting transfer to the vacancy, the Sheriff shall assign the
least senior qualified deputy to the vacancy.
(7) Within thirty (30) working days after first being
transferred to a new position, the Sheriff may revoke the transfer
if it is determined that the deputy cannot do the new job
assignment. In such event, the deputy shall be assigned to any
existing vacancy within the division and his/her classification as
determined by the Sheriff. At the time the transfer is revoked,
the affected deputy shall be provided upon request oral or written
explanation for the revocation, and a description of the training
or instruction necessary to enable the deputy to perform the
assignment. A deputy who has had a transfer revoked shall not be
ineligible to request other transfers, but the deputy shall not be
permitted to request a transfer to the same position until he/she
demonstrates receipt of the specified training or instruction
required to perform the assignment.
(8) Deputies granted a location preference under these
procedures shall not be involuntarily transferred from such
position without good cause for a period of two (2) years;
provided, however, that nothing herein shall limit the Sheriff from
transferring a deputy who has been granted a location request once
during said two (2) years for a period not to exceed ninety (90)
days for administrative, instructional, or training purposes, or to
meet exigent circumstances. The deputy shall be returned to
his/her regular assignment not later than ninety (90) days from the
date of initial transfer.
XVI. SHIFT PREFERENCE
All employees shall be entitled to shift preference selection
subject to the conditions as below stated:
A. Shift Preference, based on seniority, will be allowed
twice per year; April 1 and October 1.
B. Every employee shall submit a shift preference request
letter one (1) month in advance of the mutually agreed
upon shift change dates.
C. All Shift preferences are subject to the Sheriff's
approval. It is understood that he will not unreasonably
withhold such approval.
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D. Shift selection in classifications not currently
receiving shift premium will not entitle such employee to
shift premium. However, classifications of employees
currently receiving shift premium will continue to
receive said premiums in accordance with existing Merit
System Rules.
E. Shift Preference selection shall, in no manner, alter or
infringe upon the Sheriff's sole and exclusive authority
to determine job assignments within each work location in
accordance with his professional judgment.
XVII. SPECIAL ASSIGNMENTS
(1) The positions of patrolman investigator, weighmaster,
motorcycle officer, school liaison officer, station desk officer,
and the positions currently assigned to Technical Services Division
shall be deemed "special assignments."
(2) In order to be eligible for a special assignment, an
employee must have, in addition to the minimum qualifications as
determined by the employer and provided to the union, a minimum of
three (3) years of seniority within the department, with at least
one (1) year of experience in the Protective Services Division. If
no qualified deputy meets the minimum seniority and experience
requirements as listed above, these qualifications shall be waived.
(3) Whenever a vacancy exists in special assignment position,
that vacancy shall be filled from a list compiled from the
officers' time-stamped Letter of Interest, on forms provided by the
union, provided the officers meet the minimum qualifications as
described in Paragraph 2 above. Copies of Letters of Interest
should be sent to the secretary of the union by the deputy making
the request. Employees offered a special assignment shall be given
a description of the assignment, the length of the assignment and
the minimum qualifications. The Sheriff shall make the final
decision on the assignment, taking into consideration the length of
service and the ability of each applicant to perform the
assignment. Upon selection of the person or persons to be
assigned, the Sheriff's decision shall be sent to the Union,
together with a description of the position, the anticipated length
of the assignment and the minimum qualifications for the
assignment.
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XVIII. OVERTIME
(1) In order to make the dilocations of overtime equitable
and maintain the requirement of proper staffing, the following
procedures shall be utilized for those represented positions in
each division.
(2) Except during times of riot, natural disaster, or other
emergency, the maximum amount of overtime worked by an employee per
week shall not exceed 32 hours.
(3) Overtime shall first be offered to employees who
volunteer to work such overtime under these procedures. If there
are insufficient volunteers under these procedures, employees shall
then be ordered to work overtime.
(4) On or before the fifth (5th) day preceding a work
schedule change, employees volunteering to work overtime during the
next work schedule period shall sign a voluntary overtime list.
When signing the list, the employee shall indicate the days and
shifts he/she is volunteering to work overtime.
(5) Overtime at a work location shall be offered to employees
at that location who have signed the voluntary overtime list in
order of seniority and in accordance with their designated
availability. To the extent practicable, voluntary overtime shall
be equalized on a work schedule period basis for employees within
a work location. Work locations under these provisions shall be:
A.) Main Jail
B.) Jail Annex
C.) Southfield Annex
D.) Work Release
E.) D Building
F.) L Building
G.) Trustee Camp
H.) Boot Camp
I.) Circuit Court Building and Complex Patrol
J.) Rochester Hills Division
K.) Protective Services Division
1.) Addison
2.) Oakland
3.) Orion
4.) Independence
5.) Commerce
6.) Lyon
7.) Springfield
8.) Highland
9.) Brandon
10.) Parks
L.) Communications
17
(6) If an employee declings overtime that is offered in
accordance with the voluntary overtime list, the employer shall
strike that employee's name from the voluntary overtime list for
the remainder of the work schedule period.
(7) If the employer cannot obtain sufficient employees from
the voluntary overtime list to work overtime at a work location,
the overtime shall be offered to employees in the following order:
A.) Employees within the division (i.e., Corrective
Services/Main, Corrective Services/Satellite or
Protective Services) who have signed the voluntary
overtime list in order of seniority and in accordance
with their designated availability.
B.) For overtime within main corrections who have signed the
voluntary overtime list in order of seniority and in
accordance with their designated availability.
C.) Employees willing to work overtime. (This may include
employees not currently on the list and employees who may
have been struck from the list under Paragraph #6.)
D.) If there are insufficient volunteers under these
provisions the employer shall then order employees to
work overtime in Corrective Services/Main Division,
Corrective Services/Satellite Division and Protective
Services Division by reverse seniority. The list shall
be a continuous list by seniority and ordered overtime
shall be equalized as far as practicable.
(8) Should an employee be passed over for voluntary overtime
or should an employee be required to work overtime when a volunteer
may have been available there shall be no monetary penalty to the
employer. Any employee passed over shall be entitled to the next
available overtime assignment that he/she is eligible. Any
employee required to work overtime when a volunteer may have been
available shall be placed on the bottom of the forced overtime list
and shall not be assigned forced overtime until the forced overtime
list has been exhausted and his/her name appears for the second
time.
(9) The above provision shall not apply for private contracts
such as Pine Knob, Meadowbrook, Silverdome, Homearama, Renaissance
Festival, and other similar "Mini-Contracts." "Mini-Contracts"
shall be administered by separate policy. These examples are
illustrative and not intended to be limiting.
18
XIX. 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 except as provided and amended by this Agreement.
XX. RETIREMENT BENEFITS
All resolutions of the Oakland County Board of Commissioners,
as amended and in existence as of the date of this Agreement and as
modified by prior collective bargaining agreements between the
parties, relating to Retirement System benefits, and all retirement
system benefits and policies provided for in the Oakland County
Employees' Handbook, Oakland County Merit System, except as
provided and amended herein, are incorporated herein by reference
and made a part hereof to the same extent as if they were
specifically set forth, subject to the following: To the extent of
any conflict between the provisions below and the Oakland County
Employees' Retirement Program, Oakland County Merit System, or the
Oakland County Employees' Retirement System Restated Resolution,
the following provisions shall be controlling:
1. Effective January 1, 1989, all employees with eight (8)
or more years of full-time County service shall be
eligible for the Military Buyback Option as developed by
the Oakland County Retirement Commission and approved by
the Oakland County Board of Commissioners.
2. The service credit multiplier factor for the retirement
plan shall be .02 (two percent) effective January 1,
1985.
3. Effective December 31, 1985, unit employees who have
twenty-five (25) years of service with the Department and
who are at least fifty (50) years of age, after
compliance with all other requirements, may become
eligible for retirement.
19
4. Effective January 1, 1993, with respect to persons who
are active employees and members of the Retirement System
on and after January 1, 1993, and who retire on or after
January 1, 1993, the percentage factor used to compute
applicable benefit amounts will be 2.1%.
5. Effective January 1, 1993, with respect to persons who
are active employees and members of the Retirement System
on and after January 1, 1993, and who retire on or after
January 1, 1993, the requirements for normal retirement
will be twenty-five (25) years of service credit within
the department regardless of age.
6. Effective January 1, 1993, Final Average compensation
will not include overtime pay with respect to new
employees to become employees and members of the
Retirement System on or after January 1, 1993.
7. Effective April 3, 1993, (i.e., with respect to payroll
dates and amounts on and after April 3, 1993) all members
of the Retirement System shall contribute 1.95% of the
amount of compensation used in computing "final average
compensation" as member contributions to the Retirement
System which will be used to fund in part the retirement
benefits provided by the Retirement System. Effective
April 3, 1993 (or such later date, if a later date is
required for 414(h) (2) approval by the Internal Revenue
Service per letter ruling) the required employee
contributions of 1.95% of "compensation" (as defined in
Section 3(a) of the Restated Resolution of the Rules and
Regulations governing the Oakland County Employees'
Retirement System as last revised May 21, 1992, excluding
overtime with respect to employees hired on or after
January 1, 1993) shall be picked-up (i.e., assumed and
paid by the employer for purposes of Internal Revenue
Code Section 414(h) by the employer County of Oakland as
employer contributions pursuant to Section 414(h) (2) of
the Internal Revenue Code. Said employer contributions
will be paid by the employer to the Retirement System
plan and no employee shall have any option of choosing to
receive the amounts directly. The parties agree to take
all action necessary and to cooperate with the Oakland
County Retirement System which will apply for a favorable
(private letter) ruling request that (1) the employee
contributions picked-up by the employer shall be treated
as employer contributions under Section 414 (h) (2) of
the Internal Revenue Code; (2) the employee contributions
picked-up by the employer shall be excludible from the
gross income of the employees pursuant to Section 414 (h)
(2) of the Internal Revenue Code; (3) the employee
contributions picked-up by the employer shall not
constitute wages as defined under section 3401 (a) (12)
(A) of the Internal Revenue Code for federal withholding
purposes until these distributions are distributed to the
employees, and which the Retirement System shall take all
20
action necessary to obtain a favorable section 414 (h)
(2) ruling from the Internal Revenue Service. This 414
(h) (2) arrangement shall not affect determination of
final average compensation for pension contribution
purposes.
8. Effective January 1, 1994, with respect to all persons
who are active employees and members of the Retirement
System on or after January 1, 1994, the percentage factor
used to compute applicable benefit amounts will be 2.2%.
9. Effective January 1, 1994, (i.e., with respect to payroll
dates and amounts on and after January 1, 1994) all
members of the Retirement System shall contribute 3.0% of
the amount of compensation used in computing final
average compensation as member contributions to the
Retirement System which will be used to fund in part the
retirement benefits provided by the Retirement System.
Effective January 1, 1994 (or such later date, if a later
date is required for 414 (h) (2) approval by the Internal
Revenue Service per letter ruling) the required employee
contributions of 3.0% of "compensation" (as defined in
Section 3 (a) of the Restated Resolution of the Rules and
Regulations governing the Oakland County Employees'
Retirement System as last revised May 21, 1992, excluding
overtime with respect to employees hired on or after
January 1, 1993) shall be picked-up (assumed and paid) by
the employer County of Oakland as employer contributions
pursuant to Section 414 (h) (2) of the Internal Revenue
Code. Said employer contributions will be paid by the
employer to the Retirement System Plan and no employee
shall have any option of choosing to receive the amounts
directly. The parties agree to take all action necessary
and to cooperate with the Oakland County Retirement
System which will apply for a favorable (private letter)
ruling request that (1) the employee contributions
picked-up by the employer shall be treated as employer
contributions under Section 414 (h) (2) of the Internal
Revenue Code; (2) the employee contributions picked-up by
the employer shall be excludible from the gross income of
the employees pursuant to section 414 (h) (2) of the
Internal Revenue Code; (3) the employee contributions
picked-up by the employer shall not constitute wages as
defined under section 3401 (a) (12) (A) of the Internal
Revenue Code for federal withholding purposes until these
distributions are distributed to the employees, and which
the Retirement System shall take all action necessary to
obtain a favorable section 414 (h) (2) ruling from the
Internal Revenue Service. This 414 (h) (2) arrangement
shall not affect determination of final average
compensation for pension contribution purposes.
10. Vested former members must continue to meet the
requirements of the Retirement System Restated Resolution
in effect at the time said persons terminated their
employment and terminates their membership in the
Retirement System as an active employee.
21
XXI. 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.
XXII. ECONOMIC MATTERS
The Agreement between the parties on economic matters are set
forth in Appendix A and Appendix B attached hereto and are
incorporated into this Collective Bargaining Agreement, subject to
the terms and conditions thereof.
XXIII. 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 lock out any employees of the bargaining
unit during the term of this Agreement.
XXIV. DURATION
This Agreement shall remain in full force and effect from
January 1, 1992 to midnight, December 31, 1994. 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 the anniversary date that it desires to modify the
Agreement. In the event that such notice is given, negotiations
shall begin no 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.
22
OAKLAND COUNTY SHERIFF
tes'
k /
By: /
,,John F. Nichols
// //
6A'KLAND coyliTY ExEcuTAvE
By:
L. Brooks /Patterson
By:
By:
By:
By:
By:
r - --Larry /L:rake, Chairperson
o
In the event that either party desires to terminate this
Agreement, written notice must be given to the other party no less
than ten (10) 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. Each and every
provision of this Agreement or any other agreement between the
parties shall be in accordance with the law. In the event that any
such provision becomes invalid by operation of law, the remaining
provisions shall nevertheless remain in full force and effect.
OAKLAND COUNTY DEPUTY
SHERIFF'S ASSOCIATION
OAKLAND COUNTY BOARD
OF COMMISSIONERS / =
23
1
PREMIUM PAY DIVERS
(a) Divers shall receive straight time pay for on-duty hours
of work.
(b) For all hours on the job other than on-duty hours, the
diver shall receive time and one-half pay.
*(c) The divers shall receive premium pay of $4.00 per hour
over and above the rates set forth in sections (a) and
(b) above when performing diving activities.
*(d) When diving under the ice, divers shall receive premium
pay of $8.00 per hour over and above the rates set forth
in sections (a) and (b) above.
*Computation of the $4.00 per hour and $8.00 per hour premium shall
be computed to the nearest one-half (1/2) hour.
BONUS/HELICOPTER PILOT
While performing the functions of a helicopter pilot, an
employee will receive a $500.00 annual bonus to be paid bi-weekly.
II
COURT APPEARANCE
When officers are required to appear in court, they shall be
compensated at the rate of time and one-half for all time spent in
court, a guarantee of a minimum of two (2) hours' pay per day,
under the following conditions:
1. Case must be of a criminal nature or related to traffic
enforcement.
2. The officer is appearing on behalf of the department at
a disposition or a civil matter.
3. Officer must be off duty at court time.
24
Ill
CALL-OUT PAY
The County will guarantee a minimum of two (2) hours' pay at
the employee's applicable rate to an employee who has checked out,
gone home and is then called out for additional work. Should an
employee be called out on a leave day he/she shall be entitled to
three (3) hours work or pay at the employee's applicable rate.
Call-outs must be non-contiguous to the employee's regular shift
and for other than court appearance to be compensable under this
article. Call-out pay shall be calculated beginning upon arrival
at the work site and shall end upon the employee leaving the work
site. If an employee is called out and once on the road the call-
out is cancelled, the miminums shall apply.
IV
CLOTHING AND EQUIPMENT
(a) Effective January 1, 1989, up to twenty-five (25) non-
uniformed officers will be eligible to receive a clothing and
cleaning allowance at an annual rate of $275.00, payable in
installments of $137.50 in June and $137.50 in December. Should
the number of non-uniformed officers exceed 25, the clothing and
cleaning allowance shall be limited to the 25 highest seniority
officers. Should new grants or township contracts approved by the
Board of Commissioners contain provisions for clothing allowance,
the officers assigned to the new positions will be eligible for the
allowance. The Sheriff shall determine which positions are
designated as non-uniformed.
(b) Effective January 1, 1993, twenty-five (25) of the above
non-uniformed officers required by the Sheriff to wear suit and tie
shall be entitled to an additional $100.00 clothing and cleaning
allowance annually. (Total annual clothing allowance for these
designated officers shall equal $375.00.) Should the number of
non-uniform officers qualifying for this additional allowance
exceed 25 the allowance shall be limited to the 25 highest
seniority officers. This additional allowance shall be paid in
installments of $50.00 and added to the $137.50 paid in June and
December of each calendar year.
25
(c) All guns, uniforms and equipment supplied by the County
will remain County property and separating deputies will be
required to return all uniforms and equipment to the Sheriff.
(d) The County will provide cleaning of uniforms for
uniformed personnel of the Department and it is understood that the
individuals will not abuse this privilege by requesting excessive
cleaning.
V
SALARY STEPS/MERIT INCREASES
Any salary step increase for an employee who satisfactorily
performs and is approved for such increase by the Sheriff shall
become effective within ten (10) working days after receipt by the
Sheriff's Department of the appropriate notice of eligibility for
salary step increase and said salary step increase shall not be
denied unless the Sheriff disapproves the salary step increase
within the aforesaid period.
V I
SALARY SCHEDULE PROGRESSION
All persons hired hereafter shall be hired and progress in
accordance with the salary schedules established herein.
26
a. Includes $450 bonus.
b. Includes $375 bonus.
c. Includes $750 bonus.
d. Includes $500 bonus.
e. Includes $500 bonus.
The following Salary Schedule indicates the Normal Rate Without Reduction for 414(h)(2)
employer pick-up purposes. Said amounts will be reduced by the applicable amounts to reflect
IRS Form W-2 reporLed earnings consistent with the 414(h)(2) pick-up arrangement. The reduced
amount will be paid to the employee and shall became effective with the first pay period on or
after January 1, 1994.
Base 6 Mnth 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year
Deputy II 30,720 32,935 35,152 37,678 39,056 41,803 aArson Investigator 42,325 Flat Rate
bCrime Lab Spec I 36,738 38,111 39,488 40,863 42,236
cCrime Lab Spec II 37,171 38,544 39,923 41,297 42,672
Deputy I 21,035 22,396 23,898 25,402 27,888 30,840 33,262 37,368
Police Para-Prof 20,253 21,230 22,203 d Sher Comm Agent 21,645 22,602 23,559 25,469 27,381 29,291 e Sher Comm Shift Ldr 30,228 31,169
Deputy I assigned as Medical Personnel to the infirmary shall receive $500 annually
(pro-rated) while performing these duties.
II
1. Wages shall be retroactive to the first pay period on or after January 1, 1992.
2. Only those individuals employed on January 25, 1993 and thereafter shall be eligible for
retroactive pay (employees who retired between the effective date of the wage agreement
and January 25, 1993 will be entitled to retro pay).
28
* *
* *
SHERIFF'S DEPARTMENT AGREEMENT
APPENDIX B
In addition to the provisions of this agreement which are
controlling to the extent of any conflict with the provisions of
the Oakland County Employee's Handbook and/or the Oakland County
Employees' Retirement System Restated Resolution, for the following
fringe benefits, refer to the Oakland County Employees' Handbook:
1. Injury on the Job
2. Leave of Absence
3. Death Benefits
*4. Longevity
**5. Medical and Master Medical Coverage.
6. Sick Leave
7. Retirement
0. Annual Leave
9. Disability Coverage
10. Dental Coverage
11. Tuition Reimbursement
The fringe benefits modified in previous collective bargaining
agreements shall continue in effect as modified and described in
the Oakland County Employees' Handbook.
Merit Rule No. 2, Section VII, "Service Increment Pay,"
shall not apply to any employee hired after March 15,
1984.
Employees retiring from County employment prior to
reaching age 50 shall not be eligible for County paid
medical and master medical health coverage until such
time as they have reached age 50.
Employees hired on or after January 1, 1989 who
subsequently retire from County service shall not be
eligible for County reimbursement of Medicare Part B
payments.
29
** 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.
30
Resolution #93038 April 1, 1993
Moved by Gosling supported by Huntoon the resolution be adopted.
Discussion followed.
Moved by Obrecht supported by McPherson the resolution be referred back to
committee.
AYES: Kaczmar, Kingzett, McPherson, Oaks, Pernick, Aaron. (6)
NAYS: Law, McCulloch, Miltner, Moffitt, Obrecht, Palmer, Powers, Price,
Schmid, Taub, Wolf, Crake, Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson.
(18)
A sufficient majority not having voted therefor, the motion failed.
Discussion followed.
Vote on resolution:
AYES: Kingzett, Law, McCulloch, Miltner, Moffitt, Obrecht, Palmer, Powers,
Price, Schmid, Taub, Wolf, Crake, Douglas, Garfield, Gosling, Huntoon, Jensen,
Johnson. (19)
NAYS: McPherson, Oaks, Pernick, Aaron, Kaczmar. (5)
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 1,1993 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 1st day of April. 1993.
L. D. Alien, County Clerk