HomeMy WebLinkAboutResolutions - 1994.12.08 - 24037MISCELLANEOUS RESOLUTION # 94346 December 8, 1994
BY: PERSONNEL COMMITTEE - Marilynn Gosling, Chairperson
IN RE: PERSONNEL/EMPLOYEE RELATIONS - 1234-1996 LABOR AGREEMENT EUR
EMPLOYEES REPRESENTED BY THE UNITED AUTOMOBILE. AEROSPACE AND
AGRICULTURAL IMPLEMENT WORKERS OF AMERICA. U.A.W. (P
HEALTH SANITARIAN)
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
WHEREAS, the County of Oakland and the United Automobile, Aerospace
and Agricultural Implement Workers of America have been negotiating a
contract covering approximately Forty-three (43) Public Health
Sanitarians of the Oakland County Health Division; and
WHEREAS, a three (3) year agreement has been reached for the period
January 1, 1994 through December 31, 1996 and said agreement has been
reduced to writing; 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
County of Oakland and the United Automobile, Aerospace and Agricultural
Implement Workers of America is hereby approved; and that the Chairperson
of this Board, on behalf of the County of Oakland is 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
COAKLANM L. BROOKS PATTERSON, OAKLAND COUNTY EXECUTIVE
COUNTY MIO!-1 (GAN
DEPARTMrhr PERSDNNEL C. Vnck?-1: 07i, Directo:
TO: Lynn Allen, Clerk/Register
FROM: Thomas R. Eaton, Manager, Employee Relations/EEO
DATE: February 3, 1995
SUBJECT: Board of Commissioners Collective Bargaining Agreement
Enclosed for your tiles, please find a copy of the Collective Bargaining
Agreement with the County of Oakland and the United Automobile, Aerospace
and Agriculture Implement Workers of America, UAW (Public Health
Sanitarians). This collective bargaining agreement was passed at the
December 8, 1994 Board meeting.
Should you have any questions or need further information please feel
free to contact me.
TRE/jah
Enclosure
,A
EXECUTIVE OFNCE etiLaNG • 12C0 N TLLEORAPFI RE) DEPT 440 • PONTIAC Mi 48341-0440 • (810) 05.e 0030 • FAX (810) 858-1511
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THE COUNTY OF OAKLAND
HEALTH DIVISION
AND
UNITED AUTOMOBILE. AEROSPACE AND AGRICULTURAL IMPLEMENT
WORKERS OF AMERICA. UAW
(Public Health Sanitarians)
Collective Bargaining Agreement
1994 - 1996
AGRF.,EMEXT
This agreement is made and entered into on this Ve: day A. P..
19qq, by and between the Oakland County Board of Commissioners and the Oakland County Executive,
hereinafter referred to collectively as the "Employer", and the Oakland County Unit of Local 889 of the
United Automobile, Aerospace and Agricultural Implement Workers of America, UAW, 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 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 full-time and part-time eligible Public Health Senior Sanitarians, Sanitarians and Sanitarian
Technician in the Oakland County Health Division excluding clerical, supervisor, administrative
and all other employees.
MANAGEMENT RESPOINISIBILITY
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
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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.
HI. DIJF,S CIJECI(..DEF
(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 Union, within fourteen (14)
days after the deductions have been made.
(p) An employee shall cease to be subject to check-off deductions beginning with the month
immediately following the month he/she is no longer a member of the bargaining unit. 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 15 days immediately prior to the expiration of the contact_
(c) 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.
(d) 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 Oakland County Executive, negotiates a contract with the County of Oakland containing any form
of Union security, the same right will automatically be given to the unit covered under this agreement.
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IV. REPRESENTATION
Section_ I
There shall be a unit chairperson and an alternate unit chairperson. There shall be a steward and
an alternate steward for the north office and a steward and alternate steward for the south office.
The steward or alternate will be permitted to leave work, after obtaining approval of their
respective supervisor and recording their time, for the purpose of adjusting grievances in accordance with
the grievance procedure and for reporting to grievants a change in status of their grievance. Permission
for the steward to leave their work station will not be unreasonably withheld. 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.
Stewards must work out of the office they represent and only one shall be released to handle a specific
grievance. The unit chairperson shall be afforded the opportunity to attend Step 3 (Grievance Committee)
or Step 4 meetings without loss of time or pay after obtaining approval from their supervisor and
recording their time.
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 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.
Section
Members of the bargaining units shall not solicit grievances from other members. (This shall not
he construed as prohibiting stewards from advising members related to contract interpretation.)
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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 employees should first bring their
problem or grievance to the attention of their immediate supervisor, with or without the presence of their
steward within ten (10) days (excluding Saturday, Sunday and Holidays) of the occurrence or within ten
(10) days (excluding Saturday, Sunday and Holidays) after the Union or the aggrieved becomes aware of
the cause for complaint. The immediate supervisor shall attempt to resolve the grievance informally.
Dismissals, suspensions. demotions. and disciplinary actions of any type shall only be subjects for the
grievance procedure.
StepA
If the grievance is not settled informally, it shall be discussed with the steward and shall be
reduced to writing by the steward and submitted to the immediate supervisor within five (5) days
(excluding Saturday, Sunday and Holidays) of the informal discussion.
=awl
The written grievance may be discussed between the steward and the immediate supervisor if so
desired. The supervisor will attempt to adjust the matter and will give a written decision within ten (10)
days (excluding Saturday, Sunday and Holidays) of receipt of the written grievance.
&ma
Any grievance not settled at Step 2 may be submitted to the next meeting of the grievance
committee. The union grievance committee members shall consist of the unit chairperson and steward
who wrote the grievance. An officer of the local union may also attend the grievance committee meeting.
The employer's grievance committee members shall consist of the Health Division Manager/or designee,
the Administrator of Environmental Health Services/or designee and the Supervisor of Labor Relations/or
designee. Any grievance not submitted to the next grievance committee meeting, by written notification
to the Employer within five (5) days (excluding Saturday. Sunday and Holidays) of the immediate
supervisor's written decision, shall be considered dropped.
Step 4
If the grievance Is not settled at Step 3, the International Representative may schedule a meeting
with the grievance committee within ten (10) days (excluding Saturday, Sunday and Holidays) of the
written notification of the Step 3 meeting to attempt to resolve the grievance.
Step 5
Any matter not settled in Step 3 or Step 4 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 within fifteen (15) days (excluding Saturday, Sunday and Holidays) of the Employer's written
response following the Step 3 grievance committee meeting or within ten (10) days (excluding Saturday,
Sunday and Holidays) of the Step 4 meeting if scheduled.
An arbitrator will he utilized from a rotating list agreed to by the parties.
The arbitrator shall have no power or authority to add to subtract from, alter or modify the terms
of this agreement. or set a wage rate.
The arbitrator will render a decision in writing within thirty (30) calendar days of the hearing or
after receipt of post-hearing briefs. The decision of the arbitrator will be final and binding on the parties.
and may be enforced in any court of competent jurisdiction.
The parties will bear their own expenses individually and share in the arbitrator's fees and
expenses equally. Neither party shall be responsible for the expense of witnesses called by the other.
Any grievance not appealed. from a decision in one of the steps of the grievance procedure, to
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the next step as prescribed, shall he 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 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. Unless
specified otherwise, time limits herein shall consist of County work days Monday through Friday.
VI. SPECIAL CONFERENCES
Special conferences for important matters may be arranged at a mutually convenient time between
the Union and Employer upon the request of either party. Such meetings shall be between at two
representatives of the Employer and no more than two bargaining unit representatives and the International
Representative and/or an officer of the Local Union. 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. Matters taken up in special conferences shall be confined to those
included in the agenda. The members of the bargaining unit shall not lose time or pay for the time spent
in such special conferences. The Special Conference Provision may be used as a forum for the Union
to meet with the Employer to discuss matters related to promotion and transfers. Matters related to
promotion and transfers shall not be grievable.
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 employees acquire
seniority, their name shall be placed on the seniority list, in the order of their seniority date.
An up-to-date seniority list shall be furnished to the Union every six (6) months.
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Employees shall lose their 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.
Employees permanently transferred out of the bargaining unit and thereafter are transferred back
into the bargaining unit shall have the amount of seniority they had at the time of the transfer.
VIII. LAYOFF AND 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, based on capability of performing available
jobs and shall be recalled in the inverse order. (Refer to Rule #9. Oakland County Merit System
Handbook.) 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 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.
Section 2
Supeuealuity - The President of the bargaining unit shall be considered as having more seniority
than any other bargaining unit employee for the purpose of layoff and recall. They shall be the last to
be laid off in their classification for lack of work or lack of funds and the first to be recalled to work in
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their classification following such layoff providing the employee has Merit System status in a classification
with equal or lower maximum salary, they meet the minimum qualifications of the position into which
they are being placed and have the present ability to perform the available work without additional
training. This provision shall not result in an employee being placed into a higher classification than the
classification in which the employee held status at the time of the layoff.
IX. PROMOTIONS AND_TRANSFERS
Section I
(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 notify the union President and post on the Bulletin Boards notice of new
positions or vacancies in existing positions in or out of the bargaining unit, for a period of five (5) days,
Saturdays. Sundays and holidays excluded.
(c) Employees who wish to be considered for the position shall make a written application to the
Service Administrator or Division Manager or his/her designated representative during the positing period,
stating the employee's qualifications. The Employer will decide who is best qualified to fill the position
after considering the factors determined applicable by the Employer,
X. GEN ERAL CONDITIONS
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, The County shall notify the union at such
time as the new classification is established. 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 three (3) month period following notification,
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Sectigra
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 at any time upon the written request of the Union. It is
understood that the Employer will not be required to grant a leave of absence under this provision of the
agreement if it causes a hardship upon the efficient operation of the department. The Department shall
not unreasonably withhold its approval of this leave.
Stir_
The Employer may in its sole judgement 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 Relations Division of the Personnel
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 4
The Employer will provide the Union with a roster of bargaining unit employees in December
of each contract year. Said roster shall include the following information: name of employee,
classification, step in salary range, and current salary rate.
Section 5
The Employer shall assign space on bulletin boards in each office which shall be used by the
Union for posting notices bearing the written approval of the unit chairperson, which shall be restricted
to:
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a. Notices of Union meetings
b. Notices of Union Elections
c. Notices of results of Union elections and Union appointments
d. Notices of Union recreational and social affairs
e. Other notices of bona fide Union affairs, which are not
political or libelous in nature.
Section 6
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 work or pay for weekdays and three (3) hours
work or pay for weekends or holidays at the time-and-one-half rate. (Weekdays are defined as the first
five (5) days of work which are part of an employee's regular work schedule.)
XL NIAINTIAINCE DE COMITIONS
Wages, hours and conditions of employment 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 except that some benefits
may be increased or decreased in the process of negotiations between the parties and made a part of the
final agreement.
XII. AD9ErTION BY REFERENcE QE RELEVANT RESOLUTION AND PERSONNEL
POLICIES
AN 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
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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.
XIII. ECONOMIC NtATTERS
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.
XiV. XQ_STRIKL_MILI
Under no circumstances will the Union cause or 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 person shall immediately cease the offending conduct. The Employer shall
not lock out the employees during the term of this agreement,
XV. DURATION
This Agreement shall remain in full force and effect from January 1, 1994, to midnight,
December 31, 1996. The Agreement shall be automatically renewed year to year thereafter unless either
party shall notify the other in writing. sixty (60) days prior to December 31, 1996, 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
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L. Brooks Pauefson
COUNTY OF OAKLAND, a Michigan
Constitutional Corporation
r/
1,1nn•
Crake, Chairperson
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.
UNITED AUTOMOBILE. AEROSPACE AND OAKLAW COUNTY 44CUTIVE
AGRICULTURAL IMPLEMENT WORKERS
OF AMERICA, UAW
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UtALW. SANITARIANS
APPENDIX A
DI-WEEKLY WAGES 1994
The foHowing Merit Bi-Weekly Salary Schedule shall become effective December 25, 1993:
Bas_e Year 2 Year 3 Year 4 Year 5 Ysas
Senior Public Health Sanitarian 1187.46 1259.08 1330.77 1402.38 1473.96 1545.54
Public Health Sanitarian 982.35 1041.58 1100.96 1160.27 1219.62 1278.85
Public Health Sanitarian Technician 812.62 861.77 910.96 960.04 100923 1058.23
BI-WEERLY WAGES 1995
Effective December 24. 1994, employees represented by this bargaining unit shall receive a 3%
(three percent) wage increase to their hi-weekly rate. In the event the Board of Commissioners approves
a 1995 general wage increase greater than 3% (three percent) for non-represented employees, these
employees shall be entitled to the greater increase effective at the same time and in the same manner as
provided the non-represented group in lieu of the aforementioned 3% (three percent) increase.
81-WEEKLY WAGES 1996
Public Health Senior Sanitarians, Sanitarians and Sanitarian Technicians shall be entitled to receive
the same general increase as approved by the Oakland County Board of Commissioners to take effect
during calendar year [996 for non-represented employees. All such adjustments shall be applied at the
same time and in the same manner as applied to the general non-represented group.
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U.A.W. SANITARIANS
APPENDIX B
For the following fringe benefits refer to the Oakland Comity 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
Benefits- 1995
The Fringe Benefit Plan for 1995 shall be modified to include the following:
(1) Effective 111195. the Flexible Benefit Plan, as adopted by the Board of Commissioners and
in effect for non-represented employees as of 1/1/95, shall be implemented for employees
represented by this bargaining unit.
(2) Effective 111195, the Preferred Provider Prescription Drug Plan in effect for non-
represented employees as of 1/1/95, shall be implemented for employees represented by this
bargaining unit.
Effective 111/95, the Defined Contribution Retirement Plan, as adopted by the Board of
Commissioners and in effect for non-represented employees as of 1/1/95, shall be
implemented for employees represented by this bargaining unit.
*(3)
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Benefits - 199
All employee benefit modifications implemented on a County wide basis to non-represented
employees during calendar year 1996 shall be applied to employees represented by this bargaining unit.
Modifications, if any, shall be applied at the same time and in the same manner as applied to the non-
represented group in calendar year 1996.
MILEAGE
Effective January 1, 1994, the General Travel Regulation's mileage reimbursement rate shall be
$.28 (twenty-eight cents). Employees required to drive their personal vehicle on official County business
shall receive mileage reimbursement in accordance with current Board of Commissioner approved Travel
Regulations. Should any other represented unit receive improvements to the Mileage Reimbursement Rate
during the term of this Agreement. the improvement shall be applied to members of this unit at the same
time and in the same manner as applied to other units.
SHOES
Bargaining Unit members will be authorized to purchase employer approved work shoe/boots
through a vendor selected by the Purchasing Division at County negotiated prices at the employee's
expense
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. December 8, 1994
FISCAL NOTE (#94346)
BY: Finance Committee, John P. McCulloch, Chairperson
IN RE: PERSONNEL/EMPLOYEE RELATIONS - 1994-1996 LABOR AGREEMENT
FOR EMPLOYEES REPRESENTED BY THE UNITED AUTOMOBILE, AEROSPACE AND
AGRICULTURAL IMPLEMENT WORKERS OF AMERICA, U.A.W (PUBLIC HEALTH
SANITARIANS)
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 #94346 and finds:
1. No amendments are required to the 1994 Adopted Budget.
2. Funding for 1995 has been included in the 1995 Finance
Committee Recommended Budget Amendments,
3. Any changes to the 1996 Budget will be included at the
time of adoption.
Finance Committee
Resolution #94346 December 8, 1994
Moved by Gosling supported by Obrecht the resolution be adopted.
AYES: Obrecht, Palmer, Pernick, Powers, Schmid, Taub, Crake, Dingeidey,
Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson, Kaczmar, Kingzett, Kramer,
Law, McCulloch, McPherson, Miltner, Moffitt, Newby, Oaks. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
OREGOING RESOLUTION
cutive Date
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 8, 1994 with the original
record thereof now remaining in my office.
In Testimony Whereof, 1 have hereunto set my hand arnlpffi ed tir t the
County of Oakland at Pontiac, Michigan this 8th day , Dece e 19
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.;
'•-.4.4-44.0" • t•c•c---
D. Allen, County Clerk