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HomeMy WebLinkAboutResolutions - 1993.10.21 - 23755MISCELLANEOUS RESOLUTION 1i93219 October 7, 1993 BY: PERSONNEL COMMITTEE - Marilynn E. Gosling, Chairperson IN RE: PERSONNEL DEPARTMENT - 1993 - 1995 LABOR AGREEMENT FOR EMPLOYEES REPRESENTED BY THE TEAMSTERS - LOCAL 214, STATE, COUNTY AND MUNICIPAL WORKERS (JAIL HEALTH PROGRAM NURSES) To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS, representatives of the Teamsters - Local 214, State, County and Municipal Workers and the County of Oakland have been negotiating a contract covering thirteen (13) General Staff Nurses and Licensed Practical Nurses in the Oakland County Health Division; and WHEREAS, a three (3) year agreement covering these employees has been reached with the union 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 Teamsters - Local 214, State, County and Municipal Workers, 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 L. BROOKS PATTERSON, OAKLAND COUNTY EXECUTIVE COUNTY MICHIGAN DEPARTMENT OF PERSONNEL C. Vincent Luzi, Director LTD TO: Lynn Allen, County Clerk/Register of Deeds FROM: Thomas R. Eaton, Supervisor, Labor Relations DATE: November 1, 1993 SUBJECT: Jail Health Program Nurse Collective Bargaining Agreement Enclosed for your files, please find a copy of the Collective Bargaining Agreement with the County of Oakland, the Oakland County Health Division and the Teamsters, State, County and Municipal Employees Local 214 representing the Jail Health Program Nurses. This collective bargaining agreement was passed at the October 21, 1993 Board meeting. Should you have any questions or need further information, please feel free to contact me. TRE/tmr Enclosure EXECUTIVE OFFICE BUILDING 1200 N TELEGRAPH RD DEPT 4110 PONTIAC MI 48341-0440 • (313) 858-0530 THE COUNTY OF OAKLAND AND TEAMSTERS, STATE, COUNTY, AND MUNICIPAL WORKERS LOCAL 214 (Jail Health Program Nurses) Collective Bargaining Agreement 1993 - 1995 AGREEMENT This agreement is made and entered into on this . day of 7" A .D . , 1993, by and between the Oakland County Board of Commissioners and the Oakland County Executive, hereinafter referred to collectively as the "Employer" and Teamsters, State, County, and Municipal Workers Local 214 affiliated with the International Brotherhood of Teamsters and the union's affiliate the Oakland County Health Division Jail Health Program Nurses, 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. All references to the feminine in this agreement shall apply equally to the masculine and vice versa. I. RECOGNITION The Employer recognizes the Union as the exclusive representative of the following employees, for the purposes of collective bargaining with respect to rates of pay, wages, hours of employment and other terms and conditions of employment, in the following bargaining unit for which they have been certified, and in which the Union is recognized as collective bargaining representative, subject to and in accordance with the provisions of Act 336 of the Public Acts of 1947, as amended. All regular full-time Registered Nurses and Licensed Practical Nurses of the Oakland County Health Division, Jail Health Program, excluding supervisors and all other employees. II. MANAGEMENT RESPONSIBILITY The right to hire, promote, discharge or discipline for just cause, and to maintain discipline and efficiency of employees, is the sole responsibility of the Employer except that Union members shall not be discriminated against as such. In addition, the work schedules, methods and means of departmental operation are soley and exclusively the responsibility of the Employer, subject, however, to the provisions of this agreement. 2 representative capacity for the purpose of processing and investigating grievances for employees covered by this agreement and to attend special conferences. Union 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. Permission for Union Stewards to leave their work will not be unreasonably withheld. Union Stewards will report their time to their supervisor upon returning from a grievance discussion. The privilege to leave their work during working hours, without loss of pay, is extended with the understanding that the time will be devoted to the prompt handling of grievances and will not be abused, and that they will continue to work at their assigned jobs at all times except when permitted to leave their work to handle grievances. Section 2. Should any Union Steward position become vacant, the Union agrees to fill the vacancy as soon as possible and then notify the employer within five (5) working days of the position being filled. Section 3. The Union will furnish the Employer with the names of its authorized representatives who are employed within the Unit and such changes as may occur from time to time in such personnel so that the Employer may at all times be advised as to the authority of the individual representative of the Union with which it may be dealing. V. GRIEVANCE PROCEDURES A grievance shall be defined as a written dispute, claim or complaint arising under and during the term of this Agreement or any extensions of this Agreement 4 grievant may be present during all or a portion of a Grievance Committee Meeting by mutual agreement of the parties without loss of pay. Any grievance not submitted to the next grievance committee meeting, by written notification to the Employer within five (5) working days of the immediate supervisor's written decision, shall be considered dropped. The Employer will give a written decision to the Union Steward with a copy to the employee within fifteen (15) working days of such meeting. Step 4. Any matter not settled in Step 3 of the grievance procedure may be submitted to final and binding arbitration. The request for arbitration must be submitted to the Employer within fifteen (15) working days of the Employer's written response to the Grievance Committee Meeting - Step 3. The grievance 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. 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 last 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 6 VII. LAYOFF D RECALL Section 1. 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 (least senior first) , with the LPN's being laid off before GSN's and shall be recalled in the inverse order with the LPN's being recalled last (after GSNls have been recalled) . All employees so laid off shall be offered the opportunity of recall for a period equal to their length of service, but not to exceed two (2) years, prior to the hiring of any new employees. An employee being recalled to work shall have at least three (3) working days written notice before the employee must report to work. A certified letter sent to the employee's last know address shall constitute proper notice. Section 2. The Chief Steward, for the term of their office, shall be considered as having more seniority than any other bargaining unit employee for the purpose of layoff and recall only. VIII. GENERAL CONDITIONS Section 1. The Union shall be notified in advanced of anticipated permanent major changes in working conditions and discussions shall be held thereon. Section 2. When any position not listed on the wage schedule is established, the County shall designate a job classification and rate structure for the position. In the event that the Union does not agree that the classification is proper, it shall have the right to submit the issue as a grievance through the grievance procedure within a three month period. 8 Section 5. The County will guarantee a minimum of two (2) hours work or pay at the employee's applicable rate to an employee who has checked out, gone home and is then call 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. IX. 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 Employee's Handbook, except those excluded by this agreement, are incorporated herein by reference and made a part hereof to the same extent as if they were specifically set forth. X. ECONOMIC MATTERS The Agreement between the parties on economic matters are set forth in the Appendices attached hereto and are incorporated into this collective bargaining agreement, subject to the terms and conditions thereof. XI. 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 10 COUNTY OF OAKLAND, a Michigan Constitutional Corporation By It is agreed and understood that the provisions contained herein shall remain in full force and effect so long as they are not in violation of applicable statutes and ordinances and remain within the jurisdiction of the County of Oakland for continued application. TEAMSTERS, STATE, COUNTY AND MUNICIPAL WORKERS LOCAL 214 OAKLAND iXECUTIVE 12 JAIL HEALTH PROGR NURSES APPENDIX B For the following fringe benefits, refer to the Oakland County Employee's Handbook: 1. Injury on the Job 2. Holidays 3. Leave of Absence 4. Death Benefits 5. Longevity 6. Medical and Master Medical Coverage 7. Sick Leave 8. Retirement 9. Annual Leave 10. Income Continuation Coverage 11. Dental Coverage 12. Tuition Reimbursement 1994 BENEFITS The parties shall reopen negotiations for 1994 benefits no later than November 15, 1993. 1995 BENEFITS The parties shall reopen negotiations for 1995 benefits no later than November 15, 1994. 14 October 21, 1993 FISCAL NOTE (Misc. #93219) BY: FINANCE COMMITTEE, JOHN P. McCULLOCH, CHAIRPERSON IN RE: PERSONNEL DEPARTMENT - 1993-1995 LABOR AGREEMENT FOR EMPLOYEES REPRESENTED BY THE TEAMSTERS - LOCAL 214, STATE COUNTY AND MUNICIPAL WORKERS (JAIL HEALTH PROGRAM NURSES) - MISCELLANEOUS RESOLUTION #93219 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 #93219 and finds: 1. The Teamsters Local 214 has tentatively agreed to a three year contract beginning January 1, 1993 for thirteen (13) General Staff Nurse and Licensed Practical Nurses in the Health Division - Jail Health Unit. 2. 1993 cost of the increase equals $49,565 which is $18,200 above the amount budgeted in 1993. 3. Of the $18,200 needed to cover the remainder of the 1993 increase, $8,200 will be covered by undesignated cigarette tax revenue and the remaining $10,000 will be absorbed by the 1993 Health Division budget. 4. The following amendments to the 1993 budget are recommended: 4-22100-162-01-00-3528 Misc. $(8,200) 4-22100-162-15-00-1001 Salaries 6,000 4 -22100 -162-15-00-2070 Fringes 2,200 $ 0 FINANCE COMMITTEE i:\tim\hlt\jailun.fn Resolution #93219 October 21, 1993 Moved by Gosling supported by Miltner the resolution be adopted. AYES: Oaks, Obrecht, Pernick, Powers, Price, Schmid, Taub, Wolf, Aaron, Crake, Dingeldey, Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson, Kaczmar, Kingzett, McCulloch, Miltner, Moffitt. (22) NAYS: Palmer. (1) 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 October 21, 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 21st day of October 1993 Lynn D. Allen, County Clerk