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HomeMy WebLinkAboutResolutions - 1994.12.08 - 24039IN RE: MISCELLANEOUS RESOLUTION # 94348 December 8, 1994 BY PERSONNEL COMMITTEE - Marilynn Gosling, Chairperson 121EDICAL—EZZIELTITLEUS—UMEZTILLIZILII TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: WHEREAS, the County of Oakland and the Michigan Association of Police have been negotiating a contract covering approximately seven (7) Medical Examiner's Investigators of the Medical Examiner 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 Michigan Association of Police, 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 frOAKLANM L BROOKS PATTERSON, OAKLAND COUNTY EXECUTIVE cOUNTY MICHIGAN UEFA TMENT D PERSOINEL .()5 TO; Lynn Alien, Clerk/Register FROM: Thomas R. Eaton, Manager, Employee Relations/EEO DATE: January 3, 1995 SUBJECT: Board of Commissioners Collective Bargaining Agreement Enclosed for your files, please find a copy of the Collective Bargaining Agreement with the County of Oakland and the Michigan Association of Police (Medical Examiner's Investigators). This collective bargaining agreement was passed at the Decemter 8, 1994 Board meeting. Should you have any questions or need further information please feel tree to contact me, TRE/jah Enclosure EXECUTIVE OFFICE BUILDING • 1230 N 7E_EGRAPI-1 RD DEPT 440 • PONTIAC MI 48341-0440 • 'd)0)85 030 • FAX (810) 858-1511 THE COUNTY OF OAKLAND AND MICHIGAN ASSOCIATION OF POLICE MEDICAL EXAMINER'S INVe.STiUATURS COLLECTIVE BARGAINING AGREEMENT 1994 - 1996 • AGREEMENT This agreement is made and entered into on this day of , A.D., 1994, by and between the County of Oakland, hereinafter referred to as the Employer, and the Michigan Association of Police, 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 the employees, which will best serve the citizens of Oakland County. I. RECOGNITION The Union is recognized as the exclusive rppresentarive of the Medical Examiners Investigators, 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 i-epregentAtive, subject to and in accordance with the provisions of Act 336 of the Public Acts of 1947, as amended. All Medical Examiners Investigators employed by the Oakland County Medical Examiner excluding supervisory and all other employees. :I. MANAGEMENT RESPONSIBILITY The right to hire, promote, discharge or discipline, and to maintain discipline and efficiency of employees, is the sole responsibility of the Employer except that Union members shall not be discriminated against as such. In addition, the work schedules, methods and means of departmental operation are solely and exclusively the responsibility of the Employer, 2 subject, however, to the provisions of this agreement. III. DUES CHECK-OFF (A) The Employer agrees to deduct the Union 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 Michigan Association of Police/MAP, 24300 Southfield Road, Suite 1CO, Southfield, MI 48075, 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. Any employee may voluntarily cancel or revoke the AnrhnrA7Atinn for Check-off deduction upon written notice to the Employer and the Union during the fifteen (15) day period prior to the expiration of the contract. (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. TV. LTION REPRESENTATIVES SECTION There shall be a Steward and an Alternate Steward who would act in the place of the Steward in his/her absence. SECTION 2 The Steward will be permitted to leave his/her work, after obtaining approval of his/her supervisor and recording the time, for the purpose 3 of adjusting grievances in accordance with the grievance procedure and for reporting to the grievant a resolution of the grievance. Permission for the Steward to leave his/her work assignment will not be unreasonably withheld. The Steward will report back to his/her supervisor upon returning from a grievance discussion. The privilege to leave 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 he/she will continue to work at the assigned jobs at all times except when permitted to leave work to handle grievances. SECTION 3 The Union will provide written notification to the Employer of the names of its authorized rPpreentAtives who are employed within the unit and such changes as may occur from time to time in such personnel. The Employer must at all times be advised as to the office of the individual mapresentatIve of the Union with whom it may be dealing. V. 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/her problem or grievance to the attention of his/her immediate supervisor, within five (5) days of the occurrence. The immediate supervisor shall attempt to resolve the grievance informally. Suspensions, demotions, and disciplinary actions other than dismissals shall not be subjects for the grievance procedure but shall be processed according to the procedures of the Personnel Appeal Board. Dismissals are to be heard only by an arbitrator. The list of rotating arbitrators will be canvassed to obtain the earliest available date. The arbitrator must complete the hearing 4 and render a decision within ninety (90) calendar days after termination. Employer backpay liability, if any, shall be limited to ninety (90) calendar days unless the Union shall establish that the delay, though caused by the Employee or Employee's rPprPsPnative was caused by just and reasonable cause. Step 1 If the grievance is not settled informally, it may be discussed with the Steward and reduced to writing; signed by the grievant and submitted to his/her immediate supervisor within five (5) days of the occurrence. Step 2 The written grievance shall be discussed between the Steward and the immediate supervisor. The supervisor will attempt to adjust the matter and will give his written decision within five (5) days of receipt of the written grievance. Step 3 If the grievance is not settled in Steps 1 and 2, the Union may within five (5) days after the supervisor's answer, request in writing to the Medical Examiner Administrator a meeting of Employee Relations and Medical Examiner Administrator with the Grievance Committee. Such meetings will be held within fifteen (15) days after the date of written request and the Employer will render his decision within seven (7) days thereafter. The Employer and the Union may by mutual written agreement extend the time limits of the grievance procedure. The Union Grievance Committee will consist of the Steward or his/her designee. (Working days refer to Monday- Friday, excluding Saturday, Sunday and Holidays.) Step 4 Any matter not settled in Step 3 of the grievance procedure may be submitted to final and binding arbitration by either of the parties. 5 A request for arbitration must be submitted by writt-en nnrirP to the other party within five (5) days after the Employers response from the Step 3 meeting. Expenses for arbitration shall be borne equally by both parties. The grievance upon which Arbitration has been demanded shall be referred to one of the following Arbitrators in accordance with the date of written grievance, the oldest grievance being referred first: 1. Elaine Frost 2. Barry Brown 3. Benjamin Wolkinson 4. William Daniel A grievance shall be referred to the listed Arbitrators in the order in which they appear. Once a grievance has been referred to an Arbitrator, a subsequent grievance shall be referred to the next Arbitrator on the list. After a grievance has been referred to the fourth Arbitrator listed, the cycle shall repeat, beginning with the first Arbitrator. The Arbitrator may interpret and apply the provisions of this Agreement to determine the grievance before the Arbitrator. However, the Arbitrator shall have no power or authority, in any way, to alter, modify, amend, or add to any provisions of this Agreement, or set a wage rate. The Arbitrator shall be bound by the express provisions of this Agreement. Any grievance not appealed from any step 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 Management shall fail to supply the Union with its answer to the • . 6 .0 •. 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 pULiFT 7 i :414:11 The Employer shall assign space for a bulletin board which shall be used by the Union for posting notices, bearing the written approval of the President of the Union local. Notices 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, subject to Management's approval, of bona fide Union affairs which are not political or libelous in nature. VII. aULIIPRIIY 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 or transfer into the unit. When the employee acquires seniority his/her name shall be placed on the seniority list in the order of his/her unit seniority date. In those occurrences when two or more employees have the same unit seniority date the employee who's name appears first on an alphabetical list shall be deemed senior. An up-to-date seniority list shall be furnished to the Union every six (6) months. An employee shall lose his seniority for the following reasons: (a) If the employee resigns or retires; (b) If the employee is discharged and not reinstated; (c) It the employee is absent from work for five working days without properly notifying the Employer, unless a satisfactory reason is given; 7 (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; (f) If the employee is on lay-off for a period of time equal to his/her unit seniority time or three years, whichever is the lesser, VIII. LEI=ODEIL_PLUD_RECALL If 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 and shall be recalled in the inverse order. (Refer to Rule 49, Oakland County Merit System Handbook.) The Steward and alternate steward shall be considered to be most senior for the purpose of layoff and recall. IX. GENERACONDITIMIS Section_ I Special conferences may be arranged at a mutually convenient time between the union and the Employer upon the request of either party. Such meetings may be between at least two representatives of the Employer and no more than two employee reprenentarives of the Union. The members of the Union shall not lose time or pay for time spent in such special conferences. Section 2 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 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. 8 Section 3 Employees will be provided protective clothing of a type deemed suitable by the Employer. Protective clothing shall consist of boots, coveralls and a face shield and mask. It shall be the r(m.pnnihi 1 ty of each employee to maintain their protective clothing to a level which will insure its serviceability. X. AID TO OTHER UNIONS The Employer agrees and shall cause its designated agents not to aid, promote, or finance any other labor group or organization which purports to engage in collective bargaining or to make any agreement with any such group or nrgAni7a1-inn for the purpose of undermining the Union. The Union agrees not to make agreements with any other union for the purpose of coercing the Employer. XI. ADOPTION BY REFERENCE OF RELEVANT RESOLUTIONS AND PERSONNFL POLTCTES All Resolutions of the Oakland County Board of Commissioners, as amended or changed relating to the working conditions and compensation of the employees covered by this agreement, and all other benefits and policies provided for in the Oakland County Merit System, which incorporates the Oakland County Employees' Handbook, are incorporated herein by reference and made a part hereof to the same extent as if they were specifically set forth. XII. ECONOMIC MATTERS The agreement between the parties on economic matters are set forth in Appendix A and Appendix B attached hereto and are incorporated into this collective bargaining agreement. 9 MICHIGAN ASSOCIATION OF POLICE • Blooks Pa,pttrson Oakl.q.nd pounty Executive rry v Crake, Chairperson XIII. TZII13,1EFLE;L,L,Q= 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. 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 from , to midnight, December 31, 1996. The agreement shall be automatically renewed from year to year thereafter unless either party shall notify the other in writing, sixty (6C) 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. COUNTY OF OAKLAND, a Michigan ConstitutAta), Corpqx..atl'Zn by 10 APPENDIX A I. 2994 BI-WELLY WAGES The following bi-weekly salary schedule shall become effective beginning the first pay period on or after December 25, 1993: BASE 1 YEAR 2YEAR 2_YEAR i_YZAR a_YEAR 982.35 1041.58 1100.96 1160.27 1219.62 1278.85 II. 1995 BI-WEEKLY WAGES Medical Examiner Investigators shall receive the same general increase as approved by the Oakland County Board of Commissiners to take effect during calendar year 1995 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. III 1996 RT-WEEKLY WAGES The parties shall reopen negotiations for 1996 wage rates no later than October :5, 1995. IV. MINIMUM CALL-IN Any employee required to work overtime which is non-contiguous to the employee's regular work schedule shall be entitled to a minimum of two (2) hours work or pay on weekdays or three (3) hours work or pay on weekends at the applicable overtime rate. V. CLOTHING AND CLEANING ALLOWANCE Effective January 1, 1995, members of this bargaining unit will receive a clothing and cleaning allowance of $275 annually, payable in installments of $137.50 in June and $137.50 in December. 1 1 MEDICAL EXAMINER INVESTIGATORS APPENDIX B For the following fringe benefits, refer to the Da.k.landuit_y EmIlloyee's Handbook: 1. Injury on the Job 2. Leave of Absence 3. Death Benefits 4. Longevity 5. Medical and Master Medical Coverage 6. Sick Leave 7. *Retirement B. Annual Leave 9. Disability Coverage 10. Dental Coverage 11. Tuition Reimbursement 12. Holidays II All employee benefit modifications implemented on a County-wide basis to non-represented employees during Calendar year 1994 and 1995 shall also be applied to employees represented by this bargaining unit. Al]. modifications will be applied at the same time and in the same manner as applied to the non-represented group. 12 III Benefits - 1995 The Fringe Benefit Plan for 1995 shall be modified to include the following: (1) Effective 1/1/95, the Flexible Benefit Plan, as adopted by the Board of Commissioners and in effect for non-represented employees as of 111/95, shall be implemented for employees represented by this bargaining unit. (2) Effective 1/1/95, the Preferred Provider Pregr ,-iptior, Drug Plan in effect for non-represented employees as of 1/1/95, shall be implemented for employees represented by this bargaining unit. *(3) Effective 1/1/95, 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. IV Benefits - 1996 The parties shall reopen negotiations for 1996 benefits no later than October 15, 1995. V Mileage Effective with the execution of this agreement, the General Travel Regulation's mileage reimbursement rate shall be $.28 (twenty-eight cents). 13 December 8, 1994 FISCAL NOTE (#94348) BY: Finance Committee, John P. McCulloch, Chairperson IN RE: PERSONNEL/EMPLOYEE RELATIONS - 1994-1996 LABOR AGREEMENT FOR EMPLOYEES REPRESENTED BY THE MICHIGAN ASSOCIATION OF POLICE (MEDICAL EXAMINER'S INVESTIGATORS) 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 #94348 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 In Testimony Whereof, I have hereunto set my hand an9.--.0 County of Oakland at Pontiac, Michigan this 8th day ilet trn ffixed the seal of the ecemisez.,..1.9 hn D. Allen, County Clerk Resolution 494348 December 8, 1994 Moved by Gosling supported by Douglas the resolution be adopted. AYES: Pernick, Powers, Schmid, Taub, Crake, Dingeldey, Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson. Kaczmar, Kingzett, Kramer, Law, McCulloch, McPherson, Miltner, Moffitt, Newby, Oaks, Obrecht, Palmer. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. L. Brooks P FOREGOING RESOLUTION 4_222thy Date son. County Executive STATE OF MICHIGAN) COUNTY OF OAKLAND) 1, 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.