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HomeMy WebLinkAboutResolutions - 2018.11.14 - 23870MISCELLANEOUS RESOLUTION #18380 November 14, 2018 BY: Commissioner Robert Hoffman, Chairperson, Human Resources Committee IN RE: HUMAN RESOURCES DEPARTMENT — FISCAL YEARS 2019, 2020 AND 2021 COLLECTIVE BARGAINING AGREEMENT FOR EMPLOYEES REPRESENTED BY THE MICHIGAN NURSES ASSOCIATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland, the Oakland County Health and Human Services Department, and the Michigan Nurses Association (MNA) have negotiated a Collective Bargaining Agreement covering approximately 70 Public Health Nurses; and WHEREAS a three-year Collective Bargaining Agreement has been reached for the period October 1, 2018 through September 30, 2021; and WHEREAS the parties have agreed to a 2% wage increase for all employees represented by this bargaining unit for Fiscal Year 2019 or "Me Too" with the general, non-represented employees if a greater increase were approved; and WHEREAS the parties have agreed to a wage reopener only for Fiscal Year 2020; and WHEREAS the parties have agreed to a 1% wage increase for all employees represented by this bargaining unit for Fiscal Year 2021 or "Me Too" with the general, non-represented employees if a greater increase were approved; and WHEREAS this agreement provides that any employee benefit modifications including healthcare and/or retirement benefit modifications implemented on a countywide basis to general, non-represented employees that take effect during the duration of this Collective Bargaining Agreement shall be applied to employees represented by this bargaining unit at the same time and in the same manner; and WHEREAS this agreement has been reviewed by your Human Resources Committee, which recommends approval of the agreement. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approves the proposed Collective Bargaining Agreement between the County of Oakland, the Oakland County Health and Human Services Department and the Michigan Nurses Association, covering the period of October 1, 2018 through September 30, 2021, and that the Board Chairperson, on behalf of the County of Oakland, is authorized to execute said agreement as attached. Chairperson, on behalf of the Human Resources Committee, I move the adoption of the foregoing resolution. Commissioner Robaft Hoffm/VOistrict #2 Chairperson, Human Resources Committee HUMAN RESOURCES COMMITTEE VOTE: Motion carried unanimously on a roll call vote with Bowman absent. Motion for direct referral to Finance carried on a voice vote. SUMMARY OF AGREEMENT BETWEEN THE COUNTY OF OAKLAND, THE OAKLAND COUNTY HEALTH DEPARTMENT AND THE MICHIGAN NURSES ASSOCIATION SEPTEMBER 2018 DURATION: 3 years October 1, 2018— September 30, 2021 ECONOMIC: Contractual: • Wages: FY 2019 2% increase. Should a general wage increase greater than 2% be provided to the general, non-represented employee groups, then this bargaining unit would be entitled to the same increase applied at the same time and in the same manner. FY 2020 Wage Reopener only FY 2021 1% increase. Should a general wage increase greater than 1% be provided to the general, non-represented employee groups, then this bargaining unit would be entitled to the same increase applied at the same time and in the same manner. • Benefits Employee Benefits: 2019, 2020 and 2021: Any benefit modifications implemented on a countywide basis to general, non-represented employees, to take effect during calendar years 2019, 2020 and 2021 shall be applied to employees represented by this bargaining unit at the same time and in the same manner. Healthcare: 2019, 2020 and 2021: Retirement: Any benefit modifications implemented on a countywide basis to general, non-represented employees, to take effect during calendar years 2019, 2020 and 2021 shall be applied to employees represented by this bargaining unit at the same time and in the same manner. Any health care changes to take effect after September 30, 2018 shall be negotiated between the parties. 2019, 2020 and 2021: Any benefit modifications implemented on a countywide basis to general, non-represented employees, to take effect during calendar years 2019, 2020 and 2021 shall be applied to employees represented by this bargaining unit at the same time and in the same manner. Non-Economic • Dues Check-Off Update contract language as follows: Section 1. A bargaining unit employee may sign an authorization for deduction of dues/fees for membership in the Union. The authorization for deduction of dues/fees may be revoked by the bargaining unit member upon written notice to the Employer, with copy to the Union. Section 2. The amount of dues/fees shall be designated by written notice from the Union to the Employer. If there is a change in the amount of dues/fees, such change shall become effective the month following transmittal of the written notice to the Employer. The Employer shall deduct the dues/fees once each month from the pay of the employees that have authorized such deductions. Section 3. Deduction of dues/fees shall be remitted to the Union. In the event a refund is due an employee for any sums deducted from wages and paid to the Union, it shall be the responsibility of such employee to obtain the appropriate refund from the Union. Section 4. If an authorized deduction for an employee is not made, the Employer shall make the deduction from the employee's next pay after the error has been called to the Employer's attention by the employee or Union. Section 5. The Union will protect, save harmless and indemnify the Employer from any and all claims, demands, attorney fees, lawsuits and other forms of liability by reason of action taken by the Employer for the purpose of complying with this article of the agreement. Section 6. Unless otherwise provided in this article, all matters pertaining to a bargaining unit employee establishing or reestablishing membership in the Union, including requirements established by the Union for providing paid services to non-union bargaining unit employees, shall be governed by the internal conditions mandated by the Union pursuant to its authority under section 10 (2) of the Public Employment Relations Act. THE COUNTY OF OAKLAND AND MICHIGAN NURSES ASSOCIATION Collective Bargaining Agreement October 1, 2018 — September 30, 2021 TABLE OF CONTENTS AGREEMENT ARTICLE I RECOGNITION ARTICLE II MANAGEMENT RESPONSIBILITY ARTICLE III DUES CHECK-OFF ARTICLE IV GRIEVANCE REPRESENTATIVES ARTICLE V GRIEVANCE PROCEDURES ARTICLE VI SENIORITY ARTICLE VII LAYOFF AND RECALL ARTICLE VIII PROMOTIONS AND FILLING OF VACANCIES ARTICLE IX GENERAL CONDITIONS ARTICLE X ADOPTION BY REFERENCE OF RELEVANT RESOLUTIONS AND PERSONNEL POLICIES ARTICLE XI MAINTENANCE OF CONDITIONS ARTICLE XII ECONOMIC MATTERS ARTICLE XIII NO STRIKE - NO LOCKOUT ARTICLE XIV DURATION EMERGENCY MANAGER CLAUSE PAGE 1 PAGE 1 PAGE 1 PAGE 2 PAGE 2 PAGE 3 PAGE 5 PAGE 5 PAGE 6 PAGE 7 PAGE 10 PAGE 10 PAGE 11 PAGE 11 PAGE 11 PAGE 12 APPENDIX A WAGES PAGE 13 I II III IV V APPENDIX B FRINGE BENEFITS MILEAGE RETIREMENT BENEFITS HEALTH BENEFITS EMPLOYEE BENEFITS APPENDIX C PAGE 14 PAGE 15 PAGE 15 PAGE 15 PAGE 16 MEDICAL OPTIONS COMPARISON PAGE 17 AGREEMENT This agreement is made and entered into on this day of , A.D., 2018, by and between the County of Oakland and the Oakland County Health and Human Services Department, hereinafter referred to collectively as the "Employer" and the Michigan Nurses Association, hereinafter referred to as the "Association" and the Association's affiliate the Professional Registered Nurses of Oakland County Health Division, hereinafter referred to as the "Association Council". 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. RECOGNITION The Employer recognizes the Association 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 Association 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 full-time and regular eligible part-time Registered Public Health Nurses employed in the Health Division. Excluding all other employees, supervisors as defined by the Act, confidential, temporary, part-time non-eligible, and substitute employees, Registered Nurses working in the Jail Facility, and Health Educators. 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 Association members shall not be discriminated against as such. In addition, the work schedules, methods and means of departmental operation are solely and exclusively the responsibility of the Employer, subject, however, to the provisions of this agreement. Ill DUES CHECK -OFF Section 1. A bargaining unit employee may sign an authorization for deduction of dues/fees for membership in the Union. The authorization for deduction of dues/fees may be revoked by the bargaining unit member upon written notice to the Employer, with copy to the Union. Section 2. The amount of dues/fees shall be designated by written notice from the Union to the Employer. If there is a change in the amount of dues/fees, such change shall become effective the month following transmittal of the written notice to the Employer. The Employer shall deduct the dues/fees once each month from the pay of the employees that have authorized such deductions. Section 3. Deduction of dues/fees shall be remitted to the Union. In the event a refund is due an employee for any sums deducted from wages and paid to the Union, it shall be the responsibility of such employee to obtain the appropriate refund from the Union. Section 4. If an authorized deduction for an employee is not made, the Employer shall make the deduction from the employee's next pay after the error has been called to the Employer's attention by the employee or Union. Section 5. The Union will protect, save harmless and indemnify the Employer from any and all claims, demands, attorney fees, lawsuits and other forms of liability by reason of action taken by the Employer for the purpose of complying with this article of the agreement. Section 6. Unless otherwise provided in this article, all matters pertaining to a bargaining unit employee establishing or reestablishing membership in the Union, including requirements established by the Union for providing paid services to non-union bargaining unit employees, shall be governed by the internal conditions mandated by the Union pursuant to its authority under section 10 (2) of the Public Employment Relations Act. IV GRIEVANCE REPRESENTATIVES Section 1. There shall be one (1) grievance representative per work site (North, South, and West). Additionally, there shall be one (1) alternate which may rotate among the work sites on an as needed basis. All grievance representatives must work out of the office they represent and only one (1) representative will be released to handle a specific grievance. Grievance representatives 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 grievance representatives to leave work will not be unreasonably withheld. Grievance representatives 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 time except when permitted to leave their work to handle grievances. 2 Section 2. Should any grievance representative position become vacant the Association agrees to promptly fill the vacancy and then notify the Employer within five (5) working days. Section 3. Grievance representatives may receive but shall not solicit grievances (this is not to be construed as to prohibit grievance representatives from advising members related to contract interpretation). Section 4. The Association will furnish the Employer with the names of its authorized representative who are employed within the unit an 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 Association with which it may be dealing. Section 5. The Chairperson of the Nurses Staff Council, Vice Chairperson or Alternate shall be released for up to twelve (12) hours each month to do Union business, including but not limited to local Union business and state association business. Release time not used may accumulate from month to month. In the event the Chairperson is unavailable to attend to Union business due to work commitments or absence, or both the Chairperson and Vice Chair need to attend a meeting, he/she may designate the Vice Chair to take his/her place or go with him/her. The Chairperson, Vice Chairperson or Alternate will be permitted to leave work, after obtaining approval of their respective supervisors and recording their time, for the purpose of doing union business. Permission to leave work will not be unreasonably withheld. The Chairperson, Vice Chairperson or Alternate will report their time to their supervisor upon returning from doing Union work. V GRIEVANCE PROCEDURES The Employer and the Association support and subscribe to an orderly method of adjusting employee grievances. To this end, the Employer and the Association agree that an employee should first bring her problem or grievance to the attention of her immediate supervisor (or supervisor's designee), with or without her grievance representative within ten (10) working days of the occurrence. The immediate supervisor shall attempt to resolve the grievance informally. Dismissals, suspensions, demotions and disciplinary actions of any type shall only be subject for the grievance procedure. 3 Step 1. If the grievance is not settled informally, it shall be discussed with the grievance representative and shall be reduced to writing, signed by the grievant and submitted to her immediate supervisor within ten (10) working days of the informal discussion. Step 2. The written grievance may be discussed between the grievance representative and the immediate supervisor if so desired. If a discussion is held, the grievant may attend if she so desires. The supervisor will attempt to adjust the matter and will give a written decision within ten (10) working days of the 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. The Grievance Committee shall consist of two (2) Association Grievance Representatives and at least one Employer representative. This committee may be assisted by a representative of the Michigan Nurses Association. A grievant may be present during all or a portion of a Grievance Committee Meeting by mutual agreement of the parties. Any grievance not submitted to the next grievance meeting, by written notification to the Employer within ten (10) working days of the immediate supervisor's written decision, shall be considered dropped. The Employer will give a written decision 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. 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. Doyle O'Connor 2. Mark Glazer 3. Ben Wolkinson 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 be bound by the express provisions of this Agreement. Expenses for arbitration shall be borne equally by both parties. 4 Any grievance not appeased, 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. In the event that the Employer shall fail to supply the Association 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 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 division. When the employee acquires seniority, his/her name shall be placed on the seniority list, in the order of his/her seniority date. An up-to-date seniority list shall be furnished to the Association every six (6) months. An employee shall lose his/her 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. VII LAYOFF AND RECALL 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, based on capability of performing available jobs, and shall be recalled in the inverse order. (Refer to Rule #9, Oakland County Merit System Rule Book.) All employee so laid off shall be offered the opportunity of recall for a period equal to their length of service, but not to exceed three (3) 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 known address shall constitute proper notice. 5 VIII PROMOTIONS AND FILLING OF VACANCIES Section 1. (a) Promotions made within the bargaining unit shall be carried out in a manner consistent with the provisions of the Oakland County Merit System. (b) The Employer will post on the bulletin board notice of new positions or vacancies in existing positions in or out of the bargaining unit, for a period of ten (10) days, Saturdays, Sundays, and holidays excluded. The posting will include the location and assignment with a written stipulation that the location and assignment may be subject to change. In addition, the positing will list the criteria the Employer will be considering in filling the position. The Employer will forward a copy of any Public Health Nurse positing to the Chairperson of the Nurse's Staff Council at the time it is posted. (c) Employees who wish to be considered for the position shall submit a letter of interest to the chief of the appropriate service or his/her designated representative prior to or during the posting period. The letter should state the employee's qualifications and other factors the employee wishes to be considered. (d) Employees who are interested in a specific assignment or location may make such a request by submitting a letter of interest at any time to the appropriate chief or designee. These requests/letters of interest must be renewed in January of each year and will be considered along with the letters of interest filed during the posting period. (e) The Employer will determine who is best qualified to fill the position after considering the criteria identified in the posting. If two or more applicants are considered equal, seniority will be the determining factor in making the selection. Upon request, the Employer agrees to meet with the employee to discuss the selection decision. Section 2. A full-time Public Health Nurse II will move into a promotional track after no more than two (2) years of full-time service as a Public Health Nurse II in the Oakland County Health Department unless the nurse exhibits demonstrated deficiencies in his/her performance which prohibits the promotional track from commencing. The Employer will meet with the nurse to discuss those areas in need of improvement. The Public Health Nurse II shall submit a memo to his/her supervisor, Chief of Services and PPHS Administrator, stating the date and name of the supervisor who receive the Public Health Nurse's performance plan final draft. Once the promotional track is successfully completed and a final draft, mutually agreed on by the supervisor and the Public Health Nurse, is submitted by the nurse, the supervisor will notify the Chief of Services in writing within thirty (30) days recommending promotion of the nurse. If conflict occurs related to the timely processing of the final draft of the promotional packet, the Public Health Nurse II shall request in writing a three- way conference with the supervisor and the Chief. If conflicts remain unresolved, the Public Health Nurse II may request a meeting with the PPHS Administrator. A nurse may request to be accompanied by another member of the staff council during such meetings. The effective date of promotion will be the beginning of the pay period following the official supervisor memo recommending promotion to the Chief, contingent upon final approval of the Health Division Manager. 6 The promotional track from Public Health Nurse II to Public Health Nurse III for those full-time Public Health Nurses shall not exceed three (3) years except by mutual written consent of the Employer and employee. The Employer may decide to promote an employee to a Public Health Nurse III anytime while the employee is on the promotional track. However, a Public Health Nurse II shall be promoted to a Public Health Nurse Ill following the satisfactory completion of the promotional track. Failure to be considered for promotion or failure to be promoted, following the completion of the process, shall not be a matter for the grievance procedure. Nurses not considered for promotion or failing to be promoted following the completion of the process may elect to have the decision reviewed by the review committee. The review committee shall consist of the Manger of Health Division, the Chief of Health Division Medical Services, the Director of Human Resources, or designee. Section 3. PPHS staff employed by Oakland County may be transferred out of their district to meet community and program needs, but before such a transfer, the supervisor shall meet with the nurse to discuss the transfer. IX GENERAL CONDITIONS Section 1. The Association Labor Relations Representative and Staff Council Chairperson shall be notified in writing in advance of anticipated permanent major changes in working conditions and discussions shall be held thereon. In addition the Association Labor Relations Representative and Staff Council Chairperson or Vice President, if designated, shall, on a monthly basis, be notified in writing of outside hires, including their name, date of hire into the bargaining unit, and work location. Section 2 Employees elected to any permanent full time Association office or selected by the Association to do work which takes them from their employment with the County, shall at the written request of the Association be granted a leave of absence without pay. The leave of absence shall not exceed two (2) years, but it may be renewed or extended for a similar period at any time upon the written request of the Association. In the event an employee requiring such leave is determined by the Employer to be involved in work of a specialized nature which cannot be readily interrupted, the leave may be delayed for up to 60 days. 7 Section 3 When any position not listed on the wage schedule is filled or established, the County shall designate a job classification and the rate structure for the position. In the event that the Association 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 (3) month period. Section 4 Special conferences for important matters may be arranged by a mutually convenient time between the MNA representative and the Employer or its designated representative upon the request of either party. Such meetings shall be between at least two (2) representatives of the Employer and no more than two (2) Association council representatives of the Association and the MNA representative, if so desired. Arrangements for such special conferences shall be made in advance and an agenda of the matters to be taken up at the meeting shall be presented at the time the conference is requested. A special conference shall be scheduled within ten (10) working days after the request is made to be held at a future date mutually agreed upon. Matters taken up in special conferences shall be confined to those included in the agenda. The members of the Association shall not lose time or pay for time spent in such special conferences. The Employer shall respond in writing to the Union within fifteen (15) working days following the special conference. Section 5 The Employer may in its sole judgment and discretion decide to permit early merit increases ahead of the schedule provided in this Agreement. Such early merit increases shall be recommended by the department head and be subject to approval by the Employee Relation Division of the Human Resources Department. Approval of an early merit increase in one case shall not create a precedent for granting an early merit increase in any other. Section 6 When Health Division Administration determines the need to establish committees or similar groups which requires PHN involvement, a notice will be sent to the Nursing Supervisors and Public Health Program Coordinators of vacancies on such committees or groups. A copy of this notice will also be forwarded to the Association Council Chairperson for information purposes. The Nursing Supervisors and Public Health Program Coordinators will discuss these vacancies with staff and make recommendations regarding participants to Administration. Section 7 When requested in advance, the Employer will allow use of available rooms for Association and/or Association Council meetings during non-working hours. 8 Section 8 The Employer shall assign space on bulletin boards which shall be used by the Association for posting notices bearing the written approval of any elected officer of the Association Council, which shall be restricted to: (a) Notices of Association meetings (b) Notices of Association elections (c) Notices of results of Association elections and Association appointments (d) Notice of Association recreational and social affairs (e) Other notices of bonafide Association affairs, which are not political or libelous in nature. Section 9 All Public Health Nurses will be provided with identification (neon green visor tags) to place in their automobiles while on duty. Said identification will state that they are Oakland County Health Division employees and are on duty. Section 10 1. Notice to Employer. At least two (2) weeks written notice of termination of employment shall be given to the Employer by an employee. However, if due to extenuating circumstances, the employee is unable to give two (2) weeks' notice, the Employer may elect to waive the two (2) weeks' notice requirement in the payment of termination benefits. If the required notice is not given or there is no waiver thereof by the Employer, then no termination benefits are payable. (To include Annual Leave Reimbursement and /or Sick Leave Reimbursement.) 2. Notice to Employee. At least two (2) weeks written notice of termination of employment or pay in lieu thereof shall be given to an employee, unless the termination is a discharge for cause. 3. Return of Employer Property. All employees are required to return to the department any property issued to them by the County during their term of employment. Failure to return all property will exempt the Employer for responsibility for payment of termination benefits. (To include Annual Leave and/or Sick Leave.) Section 11 Public Health Nurses shall be paid overtime at a rate of time and one half (1-1/2) the regular hourly rate for all hours worked in excess of their normal work day (e.g., 8 hours) and all hours in excess of forty (40) hours in a work week. Any employee required to work overtime which is not contiguous to the employee's regular work schedule shall be entitled to a minimum of two (2) hours of work or pay at the time and on half rate. 9 Section 12 The Employer will encourage attendance at professional and occupational meetings sponsored or co-sponsored by the Association of other professional associations or institutions where attendance is likely to increase the competency of a nurse. Preference will be given to those programs which have been approved by the Continuing Education Approval and Recognition Program (CEARP). Nurses desiring to attend such professional meetings shall notify the Chief or his/her designee, who shall respond within on (1) week to advise the nurse if he/she may attend. Section 13 Upon written request, up to four (4) bargaining unit nurses shall each receive twenty-four (24) hours off, using either leave without pay or accrued leave banks, to attend the Association's annual convention provided the nurse obtains supervisory approval. Approval for this leave shall not be unreasonably withheld, The Association shall provide the County with at least thirty (30) days' notice in advance of the convention. Section 14 1. Schedule Changes (a) Except in exigent circumstances, an employee shall be given fifteen (15) working days' notice prior to changing a start time by thirty (30) minutes or the employee's normal working days. (b) If not all employees are affected and schedule changes are necessary, the Employer will meet with the potentially affected employees to get their input in order to develop a resolution. Example resolutions could include seeking volunteers first, assigning employees on a rotating basis or assigning the least senior employee. X 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 are incorporated herein by reference and made a part hereof to the same extent as if they were specifically set forth. XI MAINTENANCE OF CONDITIONS Wages, hours and conditions of employment legally in effect at the execution of this agreement shall, except as modified herein, be maintained during the term of this agreement. 10 XII 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. XIII NO STRIKE NO LOCKOUT Under no circumstances will the Association cause or authorize or permit its members to cause, nor will any member of the bargaining unit take part in, any strike, sit-down, stay-in or slowdown or any violation of any State law. In the event of a work stoppage or other curtailment, the Association 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 bargaining unit during the term of this Agreement. XIV DURATION This Agreement shall remain in full force and effect until midnight, September 30, 2021. This Agreement shall be automatically renewed form year to year thereafter unless either party shall notify the other in writing, sixty (60) days prior to September 30, 2021, that it desires to modify the Agreement. In the event that such notice is given, negotiations shall begin within a reasonable period of time. 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 (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 for continued application. 1 1 EMERGENCY MANAGER CLAUSE An Emergency Manager appointed under the Local Financial Stability and Choice Act, 2012 PA 436, MCL 141.1541 to 141.1575 shall be allowed to reject, modify or terminate the collective bargaining agreement as provided in the Local Financial Stability Choice Act. MICHIGAN NURSES ASSOCIATION OAKLAND COUNTY, a Michigan Constitutional Corporation By: Michael J. Gingell, Chairperson Board of Commissioners OAKLAND COUNTY EXEUCTIVE By: L. Brooks Patterson 12 MICHIGAN NURSES ASSOCIATION APPENDIX A Fiscal Year 2019 Classification Public Health Nurse I Public Health Nurse II Public Health Nurse ill Base 1 Year 2 Year 3 Year 4 Year 5 Year 1582.79 1678.13 1773.60 1868.88 1964.35 2059.95 1751.24 1856.74 1962.25 2068.00 2173.54 2297.75 2092.85 2218.79 2344.99 2470.85 2596.90 2722.97 Fiscal Year 2019 — 2% wage increase. Should a general wage increase greater than 2% be provided to the general, non-represented employee groups then this bargaining unit would be entitled to the same increase at the same time and in the same manner. Fiscal Year 2020 — Wage reopener only Fiscal Year 2021 — 1% wage increase. Should a general wage increase greater than 1% be provided to the general, non-represented employee groups then this bargaining unit would be entitled to the same increase at the same time and in the same manner. 13 MICHIGAN NURSES ASSOCIATION APPENDIX B For the following fringe benefits refer to the Oakland County Merit System Rule Book: 1. Injury on the job 2. Holidays 3. Leave of Absence 4. Death Benefits 5. Longevity 6. Medical Coverage 7. Sick Leave *8. Retirement 9. Annual Leave 10. Income Continuation Coverage 11. Dental Coverage 12. Tuition Reimbursement Employees hired on or after January 1, 1989 will not be eligible for County reimbursement of Medicare-Part B coverage. • Effective January 1, 1993, employees represented by this bargaining unit will not be entitled to include overtime compensation as part of FAC for retirement calculations. • Effective September 13, 1993, employees represented by this bargaining unit will be included under the "Retirement Incentive" resolution passed by the Board of Commissioners on August 26, 1993. • Retirement Health Care Benefits for employees hired on or after January 1, 1997, shall be consistent with the provisions of Miscellaneous Resolution #94292 (percentage formula for retiree health care coverage). 14 II MILEAGE Employees required to drive their personal vehicle on official County business shall be reimbursed for miles traveled at the same rate equivalent to the IRS mileage rate. Ill RETIREMENT BENEFITS Calendar Years 2019, 2020 and 2021 Any retirement modifications implemented on a countywide basis to general, non-represented employees, to take effect during calendar years 2019, 2020 and 2021 shall be applied to employees represented by this bargaining unit at the same time and in the same manner. Deferred Compensation Increase the 457 Deferred Compensation match for participating represented employees from $300 to $500 effective January 1, 2017. In the event that any other represented unit other than a unit containing employees eligible for Act 312 Police/Fire Compulsory arbitration or employees whose designated Employer is other than the County Executive, negotiates improvements in their retirement benefits, the same improvements shall automatically be provided employees covered by this agreement. IV HEALTH BENEFITS All Health Care Benefits set forth herein are subject to the employee contribution where applicable and to the terms and conditions of the plan. The Employer has the right to select and change any and all plans/policies, insurance benefits, plan providers or third party administrators provided the benefits stated herein remain substantially the same. All benefits set forth apply to active employees and their dependents only. Calendar Years 2019, 2020 and 2021 Any benefit modifications implemented on a county wide basis to general, non-represented employees to take effect during the calendar years 2019, 2020 and 2021 shall be applied to employees represented in this bargaining unit at the same time and in the same manner. 15 V EMPLOYEE BENEFITS Calendar Years 2019, 2020 and 2021 Any benefit modifications implemented on a county wide basis to general, non-represented employees, to take effect during calendar years 2019, 2020 and 2021 shall be applied to employees represented by this bargaining unit at the same time and in the same manner. 16 MICHIGAN NURSES ASSOCIATION APPENDIX C Attached hereto is the Medical Options Comparison chart. 17 FISCAL NOTE (MISC.#18380) November 14, 2018 BY: Commissioner Thomas Midtheton, unairperson, Finance Committee IN RE: HUMAN RESOURCES DEPARTMENT FISCAL YEARS 2019, 2020 AND 2021 COLLECTIVE BARGAINING AGREEMENT FOR EMPLOYEES REPRESENTED BY THE MICHIGAN NURSES ASSOCIATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above-referenced resolution and finds: 1. The County of Oakland and the Michigan Nurses Association (approximately 70 Public Health Nurses) have negotiated a three-year Collective Bargaining Agreement beginning October 1, 2018 through September 30, 2021. 2. This agreement provides for a 2% wage increase for Fiscal Year 2019, which also includes the "Me Too" provision if a greater increase is approved. 3. The parties have agreed to a wage reopener only for Fiscal Year 2020. 4. The parties also agreed to a 1% wage increase for Fiscal Year 2021, which also includes the "Me Too" provision if a greater increase is approved. 5. Furthermore, the agreement provides that for the duration of this Collective Bargaining Agreement all employees represented by this bargaining unit shall receive any employee healthcare and retirement benefit modifications implemented on a countywide basis to general, non-represented employees at the same time and in the same manner. 6. The increases are included in the Fiscal Year 2019, 2020 and 2021 budget, and therefore, no budget amendment is recommended. dornmissioner Thomas Middleton, District #4 Chairperson, Finance Committee FINANCE COMMITTEE VOTE: Motion carried unanimously on a roll call vote, Resolution #18380 November 14, 2018 Moved by Crawford supported by Quarles the resolutions (with fiscal notes attached) on the Consent Agenda be adopted (with accompanying reports being accepted). AYES: Crawford, Fleming, Gershenson, Ginger!, Hoffman, Jackson, Kochenderfer, KowaII, Long, McGillivray, Middleton, Quarles, Taub, Tietz, Weipert, Woodward, Zack, Berman, Bowman. (19) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent Agenda were adopted (with accompanying reports being accepted). HERESY APPROVE /I-14E' 74E800, Cilt:)i‘ CHIEF DEPUTY COON t EXEGUTiVE ACTING PURSUANT TO MCL 45.559A (7) STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Lisa Brown, 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 November 14, 2018, 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 14th day of November, 2018. Lisa Brown, Oakland County