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HomeMy WebLinkAboutResolutions - 1993.12.09 - 22388BY: PERSONNEL COMMITTEE - Marilynn E. IN RE: CHILDREN'S VILLAGE - 1993 Gosling, Chairperson - 1995 LABOR AGREEMENT FOR MISCELLANEOUS RESOLUTION #93279 December9, 1993 EMPLOYEES REPRESENTED BY GOVERNMENT EMPLOYEES LABOR COUNCIL To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS, the County of Oakland and the Government Employees Labor Council have been negotiating a contract covering 108 employees of the Children's Village; and WHEREAS, a three year agreement has been reached with these employees for the period January 1, 1993 through December 31, 1995 and said agreement has been reduced to writing; and WHEREAS, said agreement has been reviewed by your Personnel Committee which recommends approval of the agreement. NOW THEREFORE BE IT RESOLVED that the agreement between the County of Oakland and the Government Employees Labor Council is hereby approved; and that the Chairperson of this Board, on behalf of the County of Oakland, is authorized to execute said agreement, copy of which is attached hereto. Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing resolution. PERSONNEL COMMITTEE Agenda Item D December 1, 1993 SUMMARY OF TENTATIVE AGREEMENT OAKLAND COUNTY CHILDREN'S VILLAGE AND GOVERNMENT EMPLOYEES h 44W... COUNCIL I. Duration - 3 years II. Wages - 1993 - 3% increase for all classes - 1994 - Re-Opener - 1995 - Re-Opener III. Benefits - 1993 - Early Retirement Incentive consistent with board resolution - 1994 - Re-Opener - 1995 - Re-Opener TV. Contractual Language A. Article XI, Section 2 - Add language to permit shift bidding as a result of shift vacancies created by transfers out of Children's Village. B. Secondary Moves - Parties agree to re-open this issue on part of 1994 discussions. V. Non-Gontracti la 1 A. Conference Memorandums - Amend forms to state that these communications are not disciplinary actions. B. Overtime Policy - Management will implement an ove/Lime policy for represented employees by December 1, 1993. C. Stress Reduction - Management will work with employees to provide space for employee stress relief area. D. Parties reaffirm their intent to utilize the special conference provision of the agreement as a vehicle for dispute resolution. 10/28/93 1NIL . -, _4 , , „ ' COUNTY MICHIGAN DEPARTMENT OF PERSONNEL C. Vincent Luzi, Director . BROOKS PATTERSON, OAKLAND COUNTY EXECUTIVE TO: Lynn Allen, County Clerk/Register of Deeds FROM: Thomas R. Eaton, Supervisor, Labor Relations DATE: December 20, 1993 SUBJECT: Governmental Employees Labor Council Collective Bargaining Agreement Enclosed for your files, please find a copy of the Collective Bargaining Agreement between the Governmental Employees Labor Council and the County of Oakland representing Children's Village employees. This Collective Bargaining Agreement was passed at the December 9, 1993 Board meeting. Should you have any questions or need further information, please feel free to contact me. TRE/tmr Enclosure , EXECUTIVE OFFICE BUILDING 0 1200 N TELEGRAPH RD DEPT 409 0 PONTIAC MI 48341-0409 0 (313) 858-0452 0 FAX (313) 452-9215 THE COUNTY OF OAKLAND AND GOVERNMENTAL EMPLOYEES LABOR COUNCIL Collective Bargaining Agreement 1993 - 1995 AGREEMENT This agreement is made and entered into on this day of , by and between the County of Oakland (hereinafter referred to as the "Employer') and The Governmental Employees Labor Council (hereinafter referred to as the "Union). RECOGNITION The Employer recognizes the Union as the exclusive representative of the following employees of the Oakland County Children's Village for the purposes of collective bargaining with respect to rates of pay, wages, hours of employment and other terms and conditions of employment, in the following bargaining unit for which they have been certified, and in which the Union is recognized as collective bargaining representative, subject to and in accordance with the provisions of Act 336 of the Public Acts of 1947 and Act 379 of Public Acts of 1965. All full-time employees of the Oakland County Children's Village, excluding all confidential and supervisory employees. PURPOSE AND INTENT The general purpose of this Agreement is to set forth certain terms and conditions of employment, and to promote orderly and peaceful labor relations for the mutual interest of the Employer, its employees and the Union. The parties recognize that the interest of the community and the job security of the employees depend upon the Employer's success in establishing, and the Union's success in rendering proper services to the public. To these ends, the Employer and the Union encourage to the fullest degree friendly and cooperative relations at all levels and among all employees. The parties recognize that the Employer is legally and morally obligated to guarantee to all citizens a fair and equal opportunity for employment, and to these ends agree that no person shall be denied employment or membership in the Union, nor in any way be discriminated against (1) VI. DUES CHECK OFF (a) The Employer agrees to deduct the union membership initiation fee and dues, once each month, from the pay of those employees who individually authorize in writing that such deductions be made. All authorizations delivered to the Employer prior to the first day of the month shall become effective during that succeeding month. Check-off monies will be deducted from the second paycheck of each month and shall be remitted together with an itemized statement to the local treasurer, within fourteen (14) days after the deductions have been made. (b) An employee shall cease to be subject to check-off deductions beginning with the month immediately following the month in which he is no longer a member of the bargaining unit. (c) Any employee may voluntarily cancel or revoke the Authorization for Check-off deduction upon written notice to the Employer and the Union. Such voluntary withdrawal from payroll deduction of Union Dues may only occur during the period December 16 through December 31 of any calendar year. (d) The union will protect and save harmless the Employer from any and all claims, demands, suits and other forms of liability by reason of action taken by the Employer for the purpose of complying with this section. VII. NO STRIKE - NO LOCKOUT Under no circumstances will the Union cause or authorize or permit its members to cause, nor will any member of the bargaining unit take part in, any strike, sitdown, stay-in or slowdown or any violation of any State law. In the event of a work stoppage or other curtailment, the Union shall immediately instruct the involved employees both verbally and in writing, with copies to the employer, that their conduct is in violation of the contract and that all such persons shall immediately cease the offending conduct. The Employer will not lockout any employees of the bargaining unit during the term of this (3) pending grievances, and to discuss procedures for avoiding future grievances. In addition, the committee may discuss with the Employer other issues which would improve the relationship between the parties. Section 4. - Bargaining Committee The Employer agrees to recognize one committee representing all employees of the bargaining unit, such committee shall be composed of not more than two (2) members selected by the Union and certified in writing to the Employer. The Bargaining Unit President may participate as an additional member of the bargaining committee. IX. GRIEVANCE PROCEDURE Section 1. The Employer and the Union support and subscribe to an orderly method of adjusting employee grievances. To this end, the Employer and the Union agree that an employee should first bring his problem or grievance to the attention of his immediate supervisor, with or without his Union Steward, and an attempt will be made to resolve the grievance informally. In the event the steward is called, he shall be released from his duties as soon as possible, and in any event, no later than the beginning of his shift the next day. The supervisor, the employee and the steward shall meet simultaneously in an attempt to resolve the matter. Dismissals, suspensions, demotions, and disciplinary actions of any type shall only be subject for the grievance procedure and shall be processed in accordance with the procedures of the Oakland County Personnel Appeal Board. Step 1 If the grievance is not settled informally between the employee and his immediate supervisor, the employee shall have the right to discuss the grievance with his steward. If, in the steward's opinion, proper cause for the complaint exists, the Union shall have the right to submit (5) time limit, it shall be deemed to be settled on the basis of the Employer's last answer. In the event that the Employer shall fail to supply the Union with its answer to the particular step within the specified time limits, the grievance shall be deemed automatically positioned for appeal at the next step with the time limit for exercising said appeal commencing with the expiration of the grace period of answering. Section 3. All specified time limits herein shall consist only of County work days Monday through Friday. Section 4. Each grievance shall have to be initiated within ten (1 0) days of each occurrence of the cause for complaint or, if neither the aggrieved nor the Union had knowledge of said occurrence at the time of its happening, then within (10) days after the Union or the aggrieved becomes aware of the cause for complaint. X. BULLETIN BOARD The employer shall assign appropriate space on bulletin boards which shall be used by the Union for posting notices, bearing the written approval of the President of the Union local, which shall be restricted to: (a) Notices of Union recreational and social affairs; (b) Notices of Union elections; (c) Notices of Union appointments and results of Union elections; (d) Notices of Union Meetings; (e) Other notices of bona fide Union affairs which are not vulgar, obscene, political or libelous in nature. (7) Section 2. Shift preference will be granted at Children's Village on the basis of seniority, within the classification, provided the employee meets the qualifications of the vacancy. Shift preference may be utilized only for vacancies created by employee separation, promotion, transfers out of Children's Village or the creation of a new position. Vacancies created by employee shift changes as a result of shift preference shall not be subject to further bidding. Filling of these vacancies shall be a topic for discussion as part of the 1994 re-opener issues. XII. LAYOFF, RECALL AND TRANSFERS (a) If and when it becomes necessary for the Employer to reduce the number of employees in the work force, the employees will be laid off in reverse order of their seniority, based on capability of performing available jobs and shall be recalled in order of their seniority. (b) The employer will endeavor to notify the Union at such time as the employer anticipates the laying off of employees represented by this bargaining unit. XIII. TEMPORARY CHANGE OF RATE In cases in which an employee's temporary assignment includes taking over the ultimate responsibilities inherent in a higher level job and the temporary assignment is for more than thirty (30) consecutive working days, the base salary rate for the classification assigned will be paid during the period the employee is required to work in the higher class, retroactive to the day in which the temporary assignment began. In the event the base rate of the higher class is lower than the employee's regular rate, the employee will be paid at the next higher step over their regular rate. XIV. PROMOTIONS (a) All promotions within the bargaining unit shall be made on the basis of competitive (9) designate a job classification and rate structure for the position. In the event the Union does not agree that the classification rate or structure are proper, the Union shall have the right to submit the issue as a grievance through the grievance procedure within a sixty (60) day period. Section 5. In the event that any other represented unit, other than a unit containing employees eligible for Act 312 Police/Fire Compulsory Arbitration, negotiates a contract with the County of Oakland containing any form of union security, the same right will automatically be given to this unit. Section 6. Special conferences will be arranged between the Local President and the Employer upon the request of either party. Unless otherwise agreed, such meetings shall be between at least two (2) representatives of the Employer and no more than three (3) representatives of the Union. Unless otherwise agreed, arrangements for such special conferences shall be made at least twenty-four (24) hours in advance, and the conference shall be scheduled within ten (10) working days after the request is made. An agenda of the matters to be taken up at the meeting, together with the names of the conferees representing the requesting party, shall be presented at the time the conference is requested. Matters taken up in special conferences shall be confined to those included in the agenda. Such conferences shall be held during regular working hours. Members of the Union shall not lose time or pay for time spent in such special conferences and no additional compensation will be paid for such employees for time spent in such conferences beyond regular working hours. A representative of the G.E.L.C. may attend the special conference. Section 7. Any employee required to work overtime which is not contiguous to the employee's regular (1 1) Governrh_enial iEmployees Lab_of,Council . Brooks Patterson, Oakland County Executive given to the other party no less than ten (10) days prior to the desired termination date which snail 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. XX. The Union recognizes the right and duty of the County of Oakland and the Children's Village to operate and manage its affairs in accordance with the State of Michigan Constitutional provisions and statutes and such Constitutional provisions and statutes shall take precedence over any conflict provisions which might be contained in this Agreement. If any article or section of this agreement or any appendix or supplement thereto should be held invalid by any Constitutional provision, operation of law or by any tribunal of competent jurisdiction, or if compliance with or enforcement of any article or section should be restrained by such tribunal, the remainder of this Agreement shall not be affected thereby. COUNTY OF OAKLAND, a Michigan Constitutional Corporation (arrs(Orake, Chairperson Board of Commissioners (13) CHILDREN'S VILLAGE EMPLOYEES APPENDIX B For the following fringe benefits, refer to the Oakland County Employee's Handbook: 1. Injury on the Job 2. Holidays 3. Leave of Absence 4. Death Benefits 5. Longevity 6. Medical and Master Medical Coverage 7. Sick Leave/Personal Leave 8. Retirement , 9. Annual Leave 10, Income Continuation Coverage 11. Dental Coverage 12. Tuition Reimbursement (15) December 9, 1993 FISCAL NOTE (Misc. #93279) BY: FINANCE COMMITTEE, JOHN P. McCULLOCH, CHAIRPERSON IN RE: CHILDREN'S VILLAGE - 1993-1995 LABOR AGREEMENT FOR EMPLOYEES REPRESENTED BY GOVERNMENT EMPLOYEES LABOR COUNCIL - MISCELLANEOUS RESOLUTION #93279 TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: Pursuant to Rule XI-G of this Board, the Finance Committee has reviewed Miscellaneous Resolution #93xxx and finds: 1. The Government Employees Labor Council has tentatively agreed to a three year contract beginning January 1, 1993 for 108 employees in the Children's Village Division. 2. 1993 cost of the increase equals $125,493 for governmental funds. 3. The increase is included in the 1993 Children's Village Division budget, no additional appropriation is required. FINANCE! (COMMITTEE 1:\tim\cv\union.fn Resolution #93279 December 9, 1993 Moved by Gosling supported by Kingzett the resolution be adopted. AYES: Kaczmar, Kingzett, Law, McCulloch, McPherson, Miltner, Moffitt, Oaks, Obrecht, Palmer, Pernick, Powers, Price, Schmid, Taub, Aaron, Crake, Dingeldey, Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Lynn D. Allen, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on December 9th., 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 9th. day of December, 1993 Lyr D. Allen, County Clerk