HomeMy WebLinkAboutResolutions - 1996.02.01 - 24725MISCELLANEOUS RESOLUTION #96006 February 1, 1996
BY: FINANCE AND PERSONNEL COMYITTEE, SUE ANN DOUGLAS, Chairperson
IN RE: PERSONNEL DEPARTMENT- 1995-1997 LABOR AGREEMENT FOR EMPLOYEES
REPRESENTED BY THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL
EMPLOYEES, LOCAL 2720 (Board of Commissioners' Committee Coordinators
and Secretaries)
To the Oakland County Board Of Commissioners
Chairperson, Ladies and Gentiemen:
WHEREAS, the County of Oakland and the American Federation of State, County
and Municipal Employees, Local 2720, has been negotiating a contract for the Board
of Commissioners staff represented by A.F,S.C.&M.E; and
WHEREAS, a tentative 3 year agreement has been reached covering the period
of January 1, :995 through December 31, 1997; and
WHEREAS, the agreement includes a 41 salary increase for calendar year 1995
and a "me too salary adjustment equal to the general salary adjustment for non-
represented employees for 1996 and 1997; and
WHEREAS, the 1995 salary increase of $4,520, and related fringe benefit
increase of $2,024 have been covered in the 1995 budget; and
WHEREAS, the 1996 cost of the agreement equals 86,773, of which $4,678 is
salary adjustment and $2,095 is fringe benefit adjustment; and
WHEREAS funds are available in the 1996 non-departmental Salary and Fringe
Benefit Adjustment accounts to cover the 1996 portion of the increase; and
WHEREAS, the 1997 salary and fringe benefit adjustments will be included
with any 1997 budget amendments.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
authorizes the Chairperson of the Board to approve the agreement between The
County of Oakland and The American Federation of State, County, and Municipal
Employees, Local 2720, for the period of January 1, 1995, through December 31,
1997.
BE IT FURTHER RESOLVED that the 1996 budget be amended, as specified below,
to reflect the increase:
Non-Departmental
909-C1-00-9301
909-01-0C-9902
Salary Adjustment
Fringe Benefit Adjustment
Board of Commissioners Exppnsp
4-10100--01•00-1001 Salaries
4-10100-513-C1-00-2070 Fringe Benefits
1996
$(4,678)
(2,095)
$(6,773)
$ 4,678
2,095
$ 6,773
0
Chairperson, on behalf o_t the Finance and Personnel Committee, I move the
adoption of the foregoing resolution.
FINANCE AND PERSONNEL COMMITTEE
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L. BROOKS PATTERSON, OAKLAND COUNTY EXEQ4466
C. Vincent LJZi. DfreetOr
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COAKLAND-ii---
COUNTY MICHIGAN
DkPARTMFNT Of PERSONNEL
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TO: Lynn Allen, Clerk/Register
FROM: Thomas R. Eaton, Manager, Employee Relations/EEO
DATE: February 26, 1996
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 American Federation of
State, County and Municipal Employees, AFL-CIO, Michigan Council 25
representing Senior Committee Coordinator, Committee Coordinator and
Secretaries of the Oakland County Board of Commissioners. This
collective bargaining agreement was passed at the February 1, 1996 Board
meeting.
Should you have any questions or need further information please feel
free to contact me.
TRE/jah
Enclosure
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EXECUTIVE OFFICE BUILDING • 1200 N TELEGRAPH HD DEPT 440 • PONTIAC MI 48341-0440 • (810) 858-0530 • FAX (810) 858 1511
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THE COUNTY OF OAKLAND
AND
MICHIGAN COUNCIL 23
AMERICAN FEDERATION OF STATE, COUNTY AND
MUNICIPAL EMPLOYEES, AFL-CIO
Senior Committee Coordinator, Committee Coordinator and Secretaries
of the Oakland County Board of Commissioners
Collective Bargaining Agreement
1993-1997
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7.71
AGREEMENT
'Ellis agreement is made and entered into on this t. day of P_Aof 06,-C1,
19013, by and between the Oakland County Board of Commissioners and the County of Oakland,
hereinafter referred to collectively as the "Employer," and Michigan Council 25 American
Federal ion o;. State. County and Municipal Employees, hereinafter referred to as the "Union."
the desire of both parties to this agreement to continue to work harmoniously and to prornote
and maintain high standards, between the employer and employees, which will best serve the
citizens of Oakland County,
I. RECOGNITION
-fhe Employer recognizes the Union as the exclusive representative of the Senior
Committee Coordinator, Committee Coordinator and Secretaries of the Oakland County Board
of Commissioners, 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 fbr which they have been certified, and in which the Union is recognized as collective
bargaining representative, subject to and in accordance with the provisions of Act 336 of the
Public Acts of 1947, and as amended including Act 379 of 1965.
All Committee Coordinators, Secretaries - Board of Commissioners employed by the
Oakland County Board of Commissioners, including the Senior Committee Coordinator,
but excluding the Committee Coordinator assigned to the Personnel Committee.
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
mernbvrs shall not be discriminated against as such. In addition, the work schedules, methods
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and means of departmental operation are solely and exclusively the responsibility of the Employer,
subject. however, to the provisions of this agreement.
III. DUES CHECK.-OFF
(a', The Employer agrees to deduct the union membership initiation tee 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-or monies will be deducted
from the second paycheck of each month and shall be remitted together with an itemized
statement. to the local treasurer, within14 days after the deductions have been made.
employee shall cease to be subject to check-off deductions beginning with the
month immediately foilowing the month in which he 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 period December 16 through December 31
of any calendar year.
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 action.
IV. STEWARDS AND ALTERNATE
Section 1
There shail be a Chapter Chairperson for the bargaining unit and one steward.
The steward %yin be permitted to leave his/her work, after obtaining approval of his/her
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supervisor and recording his/her time, for the purpose 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 station will not be unreasonably withheld. The
sitw,ard will report back to his/her supervisor upon returning from a grievance discussion.
The privilege to leave ‘vork during working hours, without loss of pa).. 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 an assigned job at all times except when
permitted to leavc work to handle grievances.
Section 2
The Union wi:1 furnish the Employer with the names of its authorized representatives who
arc 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 office of the individual representative
of the Union with which it may be dealing,
V. GRIEVANCE PROCEDURE
Section 1
The Employer and the Union support and subscribe to an orderly method of adjusting
empioyee 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 J.•:- days of ihe occurrence. The immediate supervisor shall attempt to resolve the grievance
informally. Dismissals, suspensions, demotions and disciplinary actions and/or appeals of
management's actions of any type shall be subjects only for the grievance procedure,
.Step
4
If the grievance is not settled informally, it may be discussed with the steward and may
Ix reduced to writing, signed by the grievant and submitted to his immediate supervisor
within live ;); days of the occurrence.
Step
A 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 days of receipt of the written grievance.
Step 3
If the grievance is not settled in Steps 1 or 2, the Union may within five days after the
supervisor's answer request, in writing, to the Employee Relations Division a meeting of
the Grievance Committee. Such meetings will be held within15 working days after the
date of written request and the Employer will render his decision within seven (7) working
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 2 persons, a Steward, Chapter Chairperson, or the staff representative, if requested.
(Working days refer to Monday-Friday, excluding Saturday, Sunday and Holidays.)
Section 2
Any matter not settled in Step 3 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 to the other party within 30 days after the Employer's response from the Step 3
rneeting. 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
5
following Arbitrators in accordance with the date of written grievance, the oldest grievance being
referred first:
I. Robert Sheedv
2. Alger Connor
3. BEE Danial
Benjamen Wilkenson
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 fisted,
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, to 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.
Each grievance shall have to be initiated within five (5) days of each occurrence of the
cause of complaint or, if neither the aggrieved nor the Union had knowledge of said occurrence
at the time of' its happening, then within five (5) days after the Union or the aggrieved becomes
aware of the cause for complaint.
Any grievance not appealed from any step of the grievance procedure to the next step
within the limits prescribed, shall be considered dropped and the last decision final and binding,
except that time limits may be extended by mutual written agreement of the parties. In the event
that the Employer shall fail to supply the Union with its answer at a particular step within the
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specified time limits, the grievance shall be deemed automatically positioned for appeal at the next
step. The time limit for exercising further appeal shall commence with the expiration of the grace
wriod ibr answering.
\-1. BULLETIN BOARD
The Employer shall assign space on a bulletin board which shall be used bv the Union
fOr posting notices, bearing the written approval of the Chapter Chairperson of the Union :ocal.
Notices shall be restricted to:
Notices of Union recreational and social affairs;
1:11) Notices of Union elections;
,(:s.) Notices of Union appointments and results of Union elections;
((1 Notices of' Union meetings;
:.c) Other notices of bona lide Union affairs, subject to Managements approval, which
are not political or libelous in nature.
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 department. When the
employee acquires seniority, his/her name shall be placed on the seniority list, in the order of
his/her seniority date. In those occurrences when two or more employees have the same seniority
date the employee whose name appears first on an alphabetical list shall be deemed to be senior.
An up-to-date seniority list shall be furnished to the Union every six months.
Employees shall lose their seniority for the Following reasons:
the employee resigns or retires;
If the employee is discharged, and not reinstatedL
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(c)
If the employee is absent from work for three working days. without properly
notifYing the Employer, unless a satisfactory reason is given:
If' the employee does not return to work at the end of an approved leave;
If the employee does not return to work when recalled from a layoff',
If the employee is laid off for a continuous period equal to the seniority he/she
had acquired at the time of layoff or 24 months which ever is less.
VIII. LAY-OFF AND RECALL
If and when it becomes necessary for the Employer to reduce the number of employees
in the work force, the least senior represented employees in each classification will be laid off first,
based on capability of preforming available jobs and shall be recalled in the inverse order. All
employees so laid off shall, for a time equal to their length of service in the unit at the time of
layoff up to a two ::21: year maximum, be offered the opportunity of recall to the unit prior to the
hiring of any new employees into the unit.
The Employer will notify the Union at such time as the Emp:oyer anticipates the laying
off of employees represented by this bargaining unit,
IX. GENERAL CONDITIONS
Section 1
When any new work covered by the bargaining unit certification is established, the County
may designate a job classification and rate structure for the position. In the event the Union does
not agree that the job classification or rate structure are proper the Union shall have the right to
submit the issue as a grievance through the Grievance Procedure within 60 days.
Section 2
Special conferences may be arranged at a mutually convenient time between the union
and tlw Enyloyer upon the request of either party. Such meetings may be between at least two
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representatives of the Employer and no more than two (2) employee representatives of the
Union.
Section 3
Wages. hours, and conditions of employment contained in the Agreement shall be
maintained during the term i of the Agreement.
Set.7tion 4
Any employee who is required to, and returns to work which is scheduled to begin more
than one (I) hour after the end of the regular work schedule, shall be entitled to a minimum of
two hours pay at the time-and-one-half rate or, the equivalent of three (3 ..; hours leave time..
if agreed to try- the employer.
Section 5
The Employer will notify the union of changes in bargaining unit job description(s) and,
if requested by the union, will meet and confer prior to finalization of the job description(s).
Exception to this policy may occur under exigent circumstances with discussions, if requested, to
be held within a reasonable time thereafter. Copies of new job descriptions will be forwarded to
union steward when finalized.
X. ADOPTION BY REFERENCE OR 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 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, except those excluded by this
agreement, arc incorporated herein by reference.
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XI. ECONOMIC MATTERS
the agreement between the parties on economic matters are set Cord) in Appendix A and
Appendix B attached hereto and are incorporated into this collective bargaining agreement,
subject to the terms and conditions thereof
XII. NO STRIKE - NO LOCKOUT
Under no circumstances will the Union cause, authorize or permit its members to cause,
rD)t. will atIV member of the bargaining unit take part in, any strike, sitdown, stay-in or slowdown
or any violation of state law.
The Employer will not lockout any employees of the bargaining unit during the term of
this Agreement.
XIII. RESOLUTION OF ALL MATTERS
The provisions of this labor agreement include resolution of all matters which remained
at the time of settlement as issues of negotiations and upon which settlement was reached.
XIV. DURATION
This Agreement shall remain in full force and effect until midnight, December 31, 1997.
It shail be automatically renewed from year to year thereafter unless either party shall notify the
other in writing, 60 days prior to the anniversary date, that it desires to modify this agreement.
In the event that such notice is given, negotiations shall begin not later than 60 days prior to the
anniversary date. 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 fbrth in the foliowing paragraph.
In the event that either party desires to terminate this agreement, written notice must be
1 0
OAKLAND COUN
by
L. 13v:on Patterson
Co46ty Executive
given to the other party no less than ten days prior to the desired termination date which shall
not be be(i)re the anniversary date set tiirth in the preceding paragraph.
If any article or :ection of this Agreement or any appendix or supplement thereto should
be held invalid by a constitutional provision, operation of law or by any tribunal of competent
_jurisdiction. or if compliance with or enforcement of any article or section should be restrained
by such tribunal, the remainder of this Agreement shall not be affected thereby.
COUNCIL 25, AFS.C&ME AFL -CIO
c -, ,--- -- by
Ellen Keith
Staff Representative
by UCIP7'
I lelen Hanger
Chapter Chairperson
COUNTY OF OAKLAND, a Michigan
Constitutional Corporation
by
John Mcgilloch, Chairperson
COMMITTEE COORDINATOR AGREEMENT
APPENDIX A
Sala ries - I '115
'Hie 16 'lowing Merit System Bi-Weekly Salary Schedule shall prevail effective December 24, 1994:
C lASSIFICATION BASE I YEAR 2 YEAR 3 YEAR 4 YEAR 5 YEAR
(.ornmitter_, Coordinator
CIoininittee C:oordinator
St,cretary -B.O.C.
$c.creiary-B.O.C. II
1196.32
1036.54
900_04
942.62
1268.46
1099.08
954.42
999.34
1340.65
1161.65
:008,35
056.46
1412.81
1224.19
1063.23
1113.38
1481.96
1286.77
1 ; 17.65
1:70.27
1537.12
1349.38
11706
227.31
Salaries - 1996
Mcr:t System Bi-Weekly Salary Schedule shall prevail effective December 23.. 1995:
(1..\SSIFIC:ATIC):\I BASE 1 YEAR 2 YEAR 3 YEAR 4 YEAR 5 YEAR
Senior Committee Coordinator
Comniittee Coordinacor
Seeremry-B.O.C, I
Seciviarv-B.O.C.:. II
1232.00
1066.62
925.35
960.42
1306.65
1131.35
981.6.5
1028.35
1381.38
1196.12
1037.96
1087.23
1456.08
1260.85
1094.27
1146.15
1530.73
1325.62
1150.58
1205.04
605.42
1390.42
1206.77
1264.08
Salaries - 1097
Employees represented by this bargaining unit shall receive the same general increase as approved by
th4_‘ Oakland County Board of' Commissioners to take effect during calendar year 1997 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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APPENDIX B
For he 16[1owing flinge benefits, refer to the Oakland County Employees' Handbook:
I. Injury on :he .job
2. Holidays
3. Leave (3;' Absence
4. Death Benefits
5. Loncvitv
Master NIedical Coverage
7, Sick Leave
*H. Retirement
9. Annual Leave
10. Income Continuation Coverage
Dental Coverage
12. Tuition Reimbursement
Employe(.s h:red on or after January I , 1989, who subsequently retire from County service shall not. be eligible
1,..)r County reimbursement of Medicare Part B payments.
All bargaining unit employees hired on or after July 1, 1994, shall only be eligible to participate in the Defined
Contribution Retirement Plan, as adopted by the Board of Commissioners in Miscellaneous Resolution #94185.
1995
• All bargaining unit employees hired on or after January 1, 1995, shall only be eligible to receive
Retirement Health Care Benefits as set forth in Miscellaneous Resolution #94292.
▪ Al! bargaining unit employees hired prior to July 1, 1994, shall have the option to transfer from the
Defined Benefit Retirement Program to the Defined Contribution Retirement Plan as set forth in
Miscellaneous Resolution #94275, and as approved by the Internal Revenue Service. Eligible employees
must exercise this option on or before 12/31/95. Once an employee elects to transfer from the Defined
Benefit Retirement Program to the Defined Contribution Retirement Plan that employee shall not be
eligible to be a participant in the Defined Benefit Retirement Program at any time thereafter.
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• Effective January l, 1995. the Preferred Prescription Provider Drug Plan in effect lOr non-represented
employees as ofjanuary 1, 1995, shall be implemented for employees represented by this bargaining unit.
¶l9f;
• All employee benefit modifications implemented on a County wide basis to general non-represented
employees shall be applied to employees represented by this bargaining unit. Modifications shall be
applied at the same time and in the same manner as applied to the general non-represented employees.
1997
▪ All employee benefit modifications implemented on a County wide basis to general non-represented
employees shall be applied to employees represented by this bargaining unit. Modifications shall be
applied at the same time and in the same manner as applied to the general non-represented employees.
Resolution #96006 February 1, 1996
Moved by Douglas supported by Pernick the resolution be adopted.
AYES: Douglas, Garfield, Holbert, Huntoon, Jacobs, Jensen, Johnson,
Kaczmar, Kiagzett, Law, McCulloch, McPherson, Moffitt, Obrecht, Palmer, Pernick,
Powers, Quarles, Schmid, Taub, Wolf, Amos, Crake, Devine, Dingeldey. (25)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
.1 •
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lynn D. Allen, Clerk of the County of Oakland, do hereby certify
foregoing resoluti= is a true and accurate copy of a resolution adopted by the
Oakland County Board of Commissioners on February I, 1996 with the original
record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and tfixed the seal of the
County of Oakland at Pontiac, Michigan this lot day ot Februar14_4_996.
Lyn4 D. Allen, County Clerk