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HomeMy WebLinkAboutResolutions - 1996.06.13 - 24766MISCELLANEOUS RESOLUTION #96125 By: Finance and Personnel Committee, Sue Ann Douglas, Chairperson IN RE: PERSONNEL DEPARTMENT/COMMUNITY MENTAL HEALTH 1996-1998 LABOR AGREEMENT FOR COMMUNITY MENTAL HEALTH SUPERVISORS REPRESENTED BY COMMUNITY MENTAL HEALTH SUPERVISORS ASSOCIATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS, the representatives of the County of Oakland and the Community Mental Health Supervisors Association, have been negotiating a contract covering thirty-four (34) Community Mental Health Supervisors; and WHEREAS, a three (3) year agreement has been reached for the period of January 1, 1996 through December 31, 1998 and the agreement put in writing as summarized in the attached; and WHEREAS, the agreement stipulates a "Me Too" salary adjustment in 1996, a "Me Too" or 3.5* salary adjustment in 1997 and a "Me Too" salary adjustment in 1998; and WHEREAS, the funding for the increase has been included in the Biennial Budget for the Community Mental Health Fund, thus requiring no additional budget adjustments; and WHEREAS, the parties have also agreed to settle the lawsuit related to the Community Mental Health reorganization as outlined in the attached supplementary agreement; and WHEREAS the budgetary impact for the redlined salaries included in the supplementary agreement is $127,788 for Fiscal Year 1995/96 and $93,341 for Fiscal Year 1996/97 which will require a budget adjustment by the Community Mental Health Board within the constraints of the current total funding authorized. NOW THEREFORE BE IT RESOLVED the Oakland County Board of Commissioners approves the agreement between the County of Oakland and the Community Mental Health Supervisors Association. BE IT FURTHER RESOLVED that the Board authorizes the Chairperson to execute the agreement. RE IT FURTHER RESOLVED that the increased cost for the redlined salaries will be absorbed within the current total funding authorized for the Community Mental Health Fund and any budget adjustments within the total funding authorization is subject to the initiation and approval of the Community Mental Health Board. Chairperson, on behalf of the Finance and Personnel Committee, I move the adoption of the foregoing resolution. Finance and Personnel Committee OAKLAND L. BROOKS PATTERSON, OAKLAND COUNTY EXECUTIVE COUNTY MICHIGAN DEPARTMENT OF PERSONNEL C. Vincent Luzi, Director • , TO: Lynn Allen, Clerk/Register FROM: Thomas R. Eaton, Manager, Employee Relations/EEO DATE: July 17, 1996 SUBJECT: Community Mental Health Supervisors Association Collective Bargaining Agreement Enclosed for your files, please find a copy of the Collective Bargaining Agreement with the County of Oakland and the Oakland County Community Mental Health Supervisors Association. This collective bargaining agreement was passed at the June 13, 1996 Board meeting. Should you have any questions or need further information please feel free to contact me. TRE/jah Enclosures .V.T13 A IN1100 All 13J . _ St: Zld 81 lnr 96. EXECUTIVE OFFICE BUILDING • 1200 N TELEGRAPH RD DEPT 440 • PONTIAC MI 48341-0440 • (810) 858-0530 • FAX (810) 858-1511 THE COUNTY OF OAKLAND AND COMMUNITY MENTAL HEALTH SUPERVISORS ASSOCIATION -, I 4 j 3 1:4' .ft.CTIVE BARGAINING AGREEMENT 1996- 1998 AGREEMENT This agreement is made and entered into on this I day of •••1/4..A..AN--9---, A.D., 1996, by and between the County of Oakland, hereinafter referred to as the Employer, and the Oakland County Community Mental Health Supervisors Association, 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 representative 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 regular part-time (part-time eligible) employees engaged in the supervision of clinical and administrative programs of Oakland County Community Mental Health Services, excluding executives and all other employees. II. 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, subject, however, to the provisions of this agreement. 2 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 local Treasurer, 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 or 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 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. (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 Agency Shop, the same right will automatically be given to the unit covered under this agreement. bl 3 IV. UNION REPRESENTATIVES SECTION 1 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 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 representatives 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 representative 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 4 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) 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 not be subjects for the grievance procedure but shall be processed according to the procedures of the Personnel Appeal Board. 5.1e411 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) working days of the occurrence. ata421 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 ten (10) working days of receipt of the written grievance. attP..1 If the grievance is not settled in Steps 1 and 2, the Union may within five (5) working days after the supervisor's answer, request in writing to the Director of Community Mental Health a meeting of Employee Relations and the Director of Community Mental Health and/or his/her designee with the Grievance Committee. Such meetings will be held within fifteen (15) working days after the date of written request and the Employer will render its 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 the Steward or his/her designee. (Working days refer to Monday- 5 Friday, excluding Saturday, Sunday and Holidays.) atca4 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 five (5) working 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. Richard Kanner 2. Benjamin Wolkinson 3. Michael Long 4. Elaine Frost 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. 6 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 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. BULLETIN BOARD 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. 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 or transfer into the Department. When 7 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 whose 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) If the employee is absent from work for five 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; (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. LAY-OFF AND 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 #9, Oakland County Merit System Handbook.) IX. GENERAL CONDITIONS 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 representatives of the Union. The 8 ADOPTION BY R D E RELEVANTaLSOIZTIONS_ANIDTE R S XI. 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 Human Resources 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 3 The Union shall be notified in advance of anticipated permanent major changes in working conditions prior to implementation. SECTION 4 The Union will be allowed to use available rooms for Association meetings during non- working/non-business hours with advance approval by the Employer. 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 organization 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. POLICIES All Resolutions of the Oakland County Board of Commissioners, as amended or changed 9 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. XIII. NO STRIKE - NO LOCKOUT Under no circumstances will the Union cause or authorize or permit its members to cause, nor will any member of the bargaining unit take part in any strike, sitdown, stay-in or slowdown or any violation of any State law. 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 January 1, 1996, to midnight, December 31, 1998. The agreement shall be automatically renewed from year to year thereafter unless either party shall notify the other in writing, sixty (60) days prior to December 31, 1998, that it desires to modify the agreement. In the event that such notice is given, negotiations shall begin 10 Oakland County 6mmunity Mental 0.calth Oakland County Executive Siuje.s. /- , f.aation er by L. Brooks Patterson within a reasonable period of time. County of Oakland, a Michigan r Constitutional prp oratio fiil / lloa, Chairperson by John P 11 CMH SUPERVISORS APPENDIX A 1996 BI-WEEKLY SALARIES The following merit bi-weekly salary schedule shall prevail for the period beginning the first pay period on or after December 23, 1995: Classification Base 1 Year 2 Year 3 Year 4 Year 5 Year Case Management Supv. 1417.00 1504.35 1591.62 1679.04 1766.35 1853.65 Casework Supervisor 1492.04 1585.00 1678.04 1770.92 1863.92 1957.00 Chf-CMH Corrections 1675.31 1776.23 1877.15 1978.08 2079.00 2179.96 Chf-Contracted Svc. Mgt. 1675.31 1776.23 1877.15 1978.08 2079.00 2179.96 Chf-Emotionally Imp./Dev. Disabled Children's Svc. 1675.31 1776.23 1877.15 1978.08 2079.00 2179.96 Chf-Facility Liaison/ Intake 1675.31 1776.23 1877.15 1978.08 2079.00 2179.96 Chf-Geriatric Screening & Monitoring 1675.31 1776.23 1877.15 1978.08 2079.00 2179.96 Chf-Mental Illness Adult Services 1675.31 1776.23 1877.15 1978.08 2079.00 2179.96 Chf-Mental Ill/Dev. Disabled Adult Svc. 1675.31 1776.23 1877.15 1978.08 2079.00 2179.96 Chf-Office of Recipient Rights/Adm Support 1675.31 1776.23 1877.15 1978.08 2079.00 2179.96 Chf-Quality Ass. Strategic Program. Plan & Eval 1675.31 1776.23 1877.15 1978.08 2079.00 2179.96 Contract Supervisor. 1417.00 1504.35 1591.62 1679.04 1766.35 1853.65 Nursing Supervisor 1401.35 1479.46 1557.69 1635.92 1714.04 1791.69 Senior Psychologist 1715.31 1818.73 1922.04 2025.35 2128.77 2232.12 Supv-Plan & Eval 1492.04 1585.00 1678.04 1770.92 1863.92 1957.00 12 1997 BI-WEEKLY SALARIES The following merit biweekly salary schedule shall prevail for the period beginning the first pay period on or after December 21, 1996: Classification Base 1 Year 2 Year 3 Year 4 Year 5 Year Case Management Supv. 1466.58 1557.00 1647.31 1737.81 1828.15 1918.54 Casework Supervisor 1544.27 1640.46 1736.77 1832.92 1929.15 2025.50 Chf-CMH Corrections 1733.96 1838.38 1942.85 2047.31 2151.77 2256.27 Chf-Contracted Svc. Mgt. 1733.96 1838.38 1942.85 2047.31 2151.77 2256.27 Chf-Emotionally Imp./Dev. Disabled Children's Svc. 1733.96 1838.38 1942.85 2047.31 2151.77 2256.27 Chf-Facility Liaison/ Intake 1733.96 1838.38 1942.85 2047.31 2151.77 2256.27 Chf-Geriatric Screening & Monitoring 1733.96 1838.38 1942.85 2047.31 2151.77 2256.27 Chf-Mental Illness Adult Services 1733.96 1838.38 1942.85 2047.31 2151.77 2256.27 Chf-Mental Ill/Dev. Disabled Adult Svc. 1733.96 1838.38 1942.85 2047.31 2151.77 2256.27 Chf-Office of Recipient Rights/Adm Support 1733.96 1838.38 1942.85 2047.31 2151.77 2256.27 Chf-Quality Ass. Strategic Program. Plan & Eval 1733.96 1838.38 1942.85 2047.31 2151.77 2256.27 Contract Supervisor 1466.58 1557.00 1647.31 1737.81 1828.15 1918.54 Nursing Supervisor 1450.38 1531.23 1612.23 1693.19 1774.04 1854.38 Senior Psychologist 1775.35 1882.38 1989.31 2096.23 2203.27 2310.23 Supv-Plan & Eval 1544.27 1640.46 1736.77 1832.92 1929.15 2025.50 13 1998 BI-WEEKLY SALARIES Employees represented by this bargaining unit shall be entitled to receive the same general salary increase as approved by the Oakland County Board of Commissioners to take effect during calendar year 1998 for non-represented employees. Adjustments, if any, shall be applied at the same time and in the same manner as applied to the non-represented group. 14 CMH SUPERVISORS APPENDIX B For the following benefits refer to the Oakland County Employee's Handbook and the Merit System Rule Book addendum: 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 1996 BENEFITS Mileage - The General Travel Regulation's mileage reimbursement rate will be $.30 (thirty cents), effective with the execution of this agreement. 1997 BENEFITS Health Care changes consistent with the provisions outlined in the Health Care Summary for current and new hire employees (see attached) shall be implemented effective January 1, 1997. 15 1998 BENEFITS All employee benefit modifications implemented on a County wide basis to non-represented employees during calendar year 1998 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. 16 HEALTH CARE SUMMARY 01/08/96 CIIREZNI.JIMELQUES Tradi tional I No Cost/No Credit (provided benefit dollars will equal price tag) • 2nd surgical opinion - now voluntary • $5 co-pay prescriptions • NO NEW ENROLLEES AFTER 12-31-98 Comprehensive /Cates trophic 210,n I $200, $400, $600 credit for selecting this option I No first $ Dollar benefit I Most eligible expenses reimb. Except: I Substance Abuse Trtmt. - 50% (out-patient $1,000 max.) 111 Psych./Mental Nervous Trtmt. (out-patient $1,000 max.) • Deductible - $350 individual, $700 2 or more. ▪ $1000 individual/$2000 family out of pocket max. (includes deductible) 0 $5 co-pay prescriptions RES2 I $100, $2.00, $300 Credit for selecting this option Office visits - $10 co-pay - No deductible I $5 drug co-pay I $10 emergency room co-pay HEALTH CARE SUMMARY CURRENT EMPLOYEES Health Alliance Plan • $10 office visit co-pay I $5 drug co-pay • $10 emergency room co-pay Blue Caxe Network Not available - 1-1-97 (BC/BS Point of Service Plan duplicates Blue Care Network) Point of Servicft II $150, $300, $450 credit for selecting this option • Network Doctors - paid in full Out of network - 70%, $150 individual/ $300 family deductible for unauthorized or out of network care at 70%. I $10 co-pay office visits • $25 co-pay emergency room visits • $5 prescription co-pay I $2000 individual/$4000 family out of pocket maximums (including deductible) for unauthorized care or care rendered by non-network providers. ALL PLANS • No changes to Dental No changes to Vision HEALTH CARS SUMMARY Traditional IN Not available as of 1-1-97 CialBRMIlleadiani-CatiLat=glia—Paan • No Cost/No Credit • No first $ - Dollar benefit I Most eligible expenses reimb. 80% Except: a Substance Abuse Trtmt. - 50% (out-patient $1,000 max.) • Psych./Mental Nervous Trtmt. - 50% (out-patient $1,000 max.) • Deductible - $350 individual, $700 2 or more. 11 $1000 individual/$2000 family out of pocket max. (includes deductible) I $5 co-pay prescriptions P.E12 I Not available 1-1-97 Health Alliance Plan • Not available Blue Care Network 11 Not available point of Service • $390, $520, $650 cost to employee • Network Doctors - paid in full Out of network - 70, $150 individual/ $300 family deductible for unauthorized or out of network care at 70%. MEALTH CARE SUMMARY tuaLzial 11 $10 co-pay office visits 111 $25 co-pay emergency room visits 11 $5 prescription co-pay I $2000 individual/$4000 family out of pocket maximums (including deductible) for unauthorized care or care rendered by non-network providers. ALL PLANE No Changes to Dental No changes to Vision SUPPLEMENTARY AGREEMENT This Supplementary Agreement ("Agreement") is entered into on this day of 1996, between the County of Oakland and the Oakland County Community Mental Health Supervisors Association ("Union") and Mary Griffiths Dickson, Peter Hartman, Peter Bickelmann, Jean Gramlich, Joseph Buese, Karl Disler, Mario A. Chigi, Ramon Thomas Woodard, James Rosenfeld, Ruby Fanroy and Cathy Kobak, who are entering into this Agreement individually and as members of the Union (hereinafter collectively referred to as "Claimants"). 1. This Agreement is based on the following facts: A. On September 30, 1995, Oakland County Community Mental Health was reorganized and restructured. B. The reorganization and restructuring of Community Mental Health involved the deletion of certain positions and the creation of certain new positions. The following members of the Union had their positions deleted and were offered new positions as a result of the reorganization: Mary Griffiths Dickson, Peter Hartman, Peter Bickelmann, Jean Gramlich, Joseph Buese, Karl Disler, Mario A. Chigi, Ramon Thomas Woodard, James Rosenfeld, Ruby Fanroy and Cathy Kobak. C. In October, 1995, some of the Union members listed above filed litigation against the County claiming that the County's action was improper. The County denied that its action was improper. 2. In order to resolve the pending litigation as well as possible future litigation, the County, the Union and the Claimants have agreed that the County will place each of the Claimants at the salary level he/she had on September 29, 1995, retroactive to October 11, 1995, and the County will maintain each Claimant at the salary level he/she had on September 29, 1995, but without any salary increases (whether the County provides salary increases to other employees, including other bargaining unit employees as a result of merit, cost of living, or for any other reason, or whether the County negotiates salary increases with the Union which Claimants would otherwise receive or which would apply to Claimants' position, salary grade or classification) until the salary for the position that the Claimant holds equals his/her salary on September 29, 1995 (this process shall hereinafter be referred to as "red-lining"). The salary of each Claimant as of September 29, 1995 (red-lined salary) and the salary of the position the Claimant is currently assigned to are as follows (excluding longevity pay): REDLINED SALARY OF SALARY CURRENT POSITION Mary Griffiths Dickson $60,973 $54,762 Peter Hartman 64,332 54,762 Peter Bickelmarm 68,202 54,762 Jean Gramlich 60,973 56,072 Joseph Buese 60,973 54,762 Karl Disler 60,973 49,161 Mario A. Chigi 60,973 54,762 Ramon Thomas Woodard 61,357 54,762 James Rosenfeld $60,973 $54,762 Ruby Fanroy 54,762 49,161 Cathy Kobak 49,691 46,565 By way of illustration, the red-lining process will function as follows: On September 29, 1995, Claimant, James Rosenfeld, had his salary of $60,973 for the position he then held. Effective September 30, 1995 that position was deleted and Rosenfeld was offered a new position with a lower salary grade ($54,762). Rosenfeld shall continue to perform his current job, but his salary shall be red- lined at his prior salary level ($60,973) retroactive to October 11, 1995. Rosenfeld shall not receive any salary increases until salary increases provided to and/or negotiated for Rosenfeld's current position cause the salary for his current position ($54,762) to equal or exceed his red-lined salary ($60,973). At that time, Rosenfeld will be eligible to receive future salary increases. 3. This Agreement shall be a part of the Labor Contract between the County and the Oakland 'County Community Mental Health Supervisors Association and shall be a part of all future Labor Contracts until the red-lined salaries set forth above cease to apply to any of the Claimants. 4. Each Claimant understands and agrees that he/she shall be excluded from receiving any salary increases, whether negotiated by the Union or otherwise, until the red-lining process set forth in section 2 hereof has been completed. Each Claimant hereby consents to the incorporation of this Agreement into all future. Labor Contracts until the red-lined salaries set forth above cease to apply to any of the Claimants. 1C/05/23/96 MARY GRIBFITHS DICKSON LD RUBY F OY JOSEPH BUESE MARIO A. CHIGI I -. ,Aeltaum, 4P 5. This Agreement shall be without prejudice or prejudice to the County's rights to restructure and reorganize its operations or departments in the future. Neither this Agreement nor the Settlement Agreements arid General Releases signed by the Claimants shall be cited, referred to or used in any future arbitration, agency proceeding or lawsuit, except to enforce their terms. 6. This Agreement shall be effective from the date first above written until the redlining process set forth in section 2 hereof has been completed. The parties have signed this Agreement as of the day and year first above written. -- PETER BICKELMANN pa; le) Y KOBAK OAKLAND COUNTY COMMUNITY MENTAL HEALTH SUPERVISOk ASSOCIATION kGR/09609.DOC/05/14/96 COUNTY OF OAKLAND By: Its: 40h NGR/09609.DOC/05/14/96 =MEDI UEMENT ANE !TIRAI.L1 THIS SETTLEMENT AGREEMENT AND GENERAL RELEASE ("Agreement") is entered into this day of , 1996, by and between MARY GRIFFITHS DICKSON, PETER HARTMAN, PETER BICKELMANN, JEAN GRAMLICH, JOSEPH BUESE, KARL DISLER, MARIO A. CHIGI and RAMON THOMAS WOODARD, individuals of full age (hereinafter referred to collectively as "Claimants"), and SANDRA LINDSEY and the COUNTY OF OAKLAND (Lindsey and the County of Oakland shall hereinafter collectively be referred to as the "County"). 1. The parties to this Agreement acknowledge the following set of facts: A. Claimants filed a complaint against the County in the United States District Court, identified there as case no 95-75166 (hereinafter the "Lawsuit"), alleging that the County denied them due process, breached the Oakland County Merit System and its rules, and breached a contract between Claimants and the County, and with the exception of the aforesaid Lawsuit, Claimants (individually and collectively) have no other claims against the County or Lindsey; B. The County denies that its conduct with respect to and its treatment of Claimants during their employment with the County and in connection with the deletion of their former 'positions and their placement in new positions, was in any way wrongful or in violation of law, contract or the Oakland County Merit System Rules, but rather that Claimants were properly treated, and the County continues by this Agreement its denial that its conduct has been in any way wrongful or in violation of law, contract or the Oaldand County Merit System Rules. C. Claimants and the County have expressed an interest in settling and not proceeding further With the Lawsuit for the purpose of avoiding the expense and inconvenience of further proceedings, and Claimants and the County have indicated that further proceedings are no longer desired or warranted; D. Claimants and the County have agreed to settle all differences that have existed between them and Claimants have agreed to generally release the County from any and all liability. 2. This Agreement does not constitute an admission by the County of any wrongful conduct or violation of law. No part of this Agreement, nor any actions of the County in settling this matter shall be considered, constitute, or be cited as an admission by the County of any wrongful conduct or violation of law or of any act alleged by Claimants. 4g • -'09568.DOC/05114/96 60,973 49,161 3. Claimants shall take whatever steps that are necessary to cause the Lawsuit filed against the County to be dismissed with prejudice to refiling and do hereby authorize their attorney to execute any necessary documents for that purpose, including the Agreed Order For Dismissal Of Complaint With Prejudice attached hereto as Exhibit A. The County agrees to the dismissal with prejudice of the Lawsuit, and will fully cooperate in having said Lawsuit dismissed. 4. For and in consideration of the promises and agreements of the Claimants as set forth in paragraph 5 hereof arid in the other paragraphs of this Agreement, the County of Oaldand agrees to place each Claimant at the salary level he/she had on September 29, 1995 and to maintain each Plaintiff at the salary level he/she had on September 29, 1995 but without any salary increases (whether the County provides salary increases to other employees as a result of merit, cost of living, or for any other reason or negotiates salary increases with Claimants' Union Representative which Claimants would otherwise receive or which would apply to Claimants or Claimants' positions, pay grade or classification) until the salary for the position a particular Claimant holds equals his/her salary on September 29, 1995 (this process shall hereinafter be referred to as "redlining"). The salary of each Claimant as of September 29, 1995 (redlined salary) and the salary of the position each Claimant is currently assigned to are as follows (excluding longevity pay): SALARY OF REDLINED SALARY CURRENT POSITION Mary Griffiths Dickson $60,973 $54,762 Peter Hartman 64,332 54,762 Peter Bickelmann 68,202 54,762 Jean Gramlich 60,973 56,072 Joseph Buese 60,973 54,762 Karl Disler 7)1309568.D0C/05/14/96 Ramon Thomas Woodard 61,357 54,762 Mario A. Chigi 60,973 54,762 The County further agrees to redline Plaintiffs retroactive to October 11, 1995. By way of illustration, the redlining process will function as follows: On September 29, 1995 Mary Griffiths Dickson had a salary of $60,973.00 for the position she then held. Effective September 30, 1995 that position was deleted and Dickson was offered a new position which had a lower salary grade ($54,762.00). Dickson shall continue to perform her current job but her salary shall be redlined at her prior salary level ($60,973.00) retroactive to October 11, 1995. Dickson shall not receive any salary increases (irrespective of the reasons that other employees may receive wage increases), until salary increases provided to and/or negotiated for Dickson's current position cause the salary for her current position ($54,762.00) to equal or exceed her redlined salary ($60,973.00). At that time Dickson will be eligible to receive future salary increases. The resolution of the Lawsuit is being negotiated as part of the negotiations for a Labor Contract between the County of Oakland and the Oakland County Community Mental Health Supervisors Association. As such, the foregoing salary schedule and this part of this Agreement shall be made a part of the Labor Contract between the County and the Oakland County Community Mental Health Supervisors Association, and shall be a part of all future Labor Contracts until redlined salaries cease to apply to any Plaintiff. 5. For and in consideration of the County's promises and undertakings as set forth in paragraph 4 hereof, and for good and valuable other consideration, the receipt and adequacy of which is hereby acknowledged by Claimants, each Claimant does hereby for him/herself, and for his/her family, dependents, executors, administrators, heirs and assigns, releases, demises, acquits and forever discharges the County of Oakland, Sandra Lindsey, Oakland County Community Mental Health Services Board and their respective attorneys, agents, employees, elected officials, appointed officials or members, affiliates, successors and assigns (hereinafter "Releasees") of and from any and all injuries; causes of action; claims; liabilities; lawsuits; fringe benefits; pension contributions; attorneys fees; claims based on the Employee Retirement Income Security Act; claims or monies due under any employment contract; claims under the Oakland County Merit System; discrimination claims based on federal, state or local law (including but not limited to claims for race, age, handicap, religious, sex and national origin discrimination); claims under the United States or Michigan Constitutions; civil rights claims; employment rights; damages; and rights of any kind or nature whatsoever in law or in equity, now existing or which may hereinafter accrue in favor of any Claimant and against the Releasees by reason of any facts existing through the date hereof, whether known or unknown, fixed or contingent, for any reason whatsoever, without exception or reservation. By way of illustration, but without limitation, this General Release is intended to release and The parties hereto have signed this Settlement Agreement and General Release as of the day and year first above written. MARY GRIFFITHS DICKSON PETER BICKELMANN Fideir frrokthmi discharge the Releasees from any and all liabilities to Claimants and any and all matters which have been raised, or which could have been raised, by way of claim or otherwise as a result of Claimants' demotion, reclassification, downward reclassification, the deletion of Claimants' positions, the new positions offered to or accepted by Claimants with the County, or in the Lawsuit. 6. The letter attached hereto as Exhibit B shall be signed by Sandra Lindsey and placed in the personnel file of each Claimant. 7. Claimants represent and acknowledges that: (i) he/she has read and understands the contents of this Agreement; (ii) he/she has had the opportunity to fully discuss the terms of the settlement and this Agreement with his/her attorney, Mary Ellen Gurewitz; and, (iii) he/she has been fully advised of the legal consequences of this Agreement and the settlement. Claimants acknowledge that neither the County, Lindsey nor any other person or entity has made any representation to him/her which has not been expressly stated in this Agreement and that there are no understandings or agreements with any Claimant which is not included in this Agreement. 8. As required under federal law, 29 U.S.C. Section 626(0(1), each Claimant is hereby advised that he/she should consult with an attorney before signing this Agreement. Claimants acknowledge that: (i) this Agreement applies to and releases any rights or potential claims arising under the Age Discrimination in Employment Act ("ADEA)"; (ii) he/she has twenty-one (21) days in which to consider the terms of this Agreement prior to executing the Agreement; (iii) Claimants individually may revoke this Agreement within seven days of signing it, by delivering a written notice revoking this Agreement, within the seven day period to the office of Malcolm D. Brown, Van Suilichem & Brown, P.C., 525 North Woodward Avenue, Suite 1000, Bloomfield Hills, Michigan 48304; and (iv) if he/she revokes this Agreement as set forth herein, it shall not be effective or enforceable. -'R/MDB09568.DOC/05/14/96 ii h UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION MARY GRIFFITHS DICKSON, PETER HARTMAN, PETER BICKELMANN, JEAN GRAMLICH, JOSEPH BUESE, KARL DISLER, MARIO A. CHIGI, and RAMON THOMAS WOODARD, Plaintiffs, vs. Case No. 95-75166 Hon. Robert E. DeMaseio SANDRA LINDSEY, individually and in her official capacity as Executive Director of Oakland County Community Mental Health Services; and OAKLAND COUNTY, Defendants. VAN SU1LICHEM & BROWN, P.C. By: Malcolm D. Brown (P11291) And: Gary C. Ankers (P41599) Attorneys for Defendants 525 North Woodward Avenue, Suite 1000 Bloomfield Hills, Michigan 48304-2969 Telephone: (810) 642-0900 Fax: (810) 642-7123 SACHS, WALDMAN, O'HARE, HELVESTON, HODGES & BARNES, P.C. By: Theodore Sachs (P19827) And: Mary Ellen Gurwitz (P25724) And: Daniel Varner (P53128) Attorneys for Plaintiffs 1000 Farmer Street Detroit, Michigan 48226 Telephone: (313) 965-3464 Fax: (313) 965-4315 AGREED ORDER FOR DISMISSAL OF LAWSUIT WITH PREJUDICE Exhibit "A" -68.D0C105114/96 I at WITNESS MARIO A. CHIGI ON THOMAS WCTODARD 7 COUNTY OF OAKLAND By: Its: SANDRA LINDSEY 41, F, I AGREED ORDER FOR DISMISSAL OF LAWSUIT WITH PREJUDICE At a session of said Court, held in the U.S. District Courthouse, Detroit, Michigan on this day of April, 1996. PRESENT: U.S. District Court Judge Upon the agreement of the parties for the dismissal of this Lawsuit with prejudice as evidenced by the signatures of their attorneys below, and it appearing to the Court that this Lawsuit should be dismissed with prejudice and without costs or attorney fees, and the Court being fully advised in the premises; NOW THEREFORE, IT IS HEREBY ORDERED that this Lawsuit shall be and hereby is dismissed with prejudice and without costs or attorney fees to any party. U.S. DISTRICT COURT JUDGE VAN SUILICHEM & BROWN, P.C. By: Malcolm D. Brown (P11291) Attorneys for Defendants 525 N. Woodward Avenue Suite 1000 Bloomfield Hills, Michigan 48304 Telephone: (313) 642-0900 SACHS, WALDMAN, O'HARE, HELVESTON, HODGES & BARNES, P.C. By: Mazy len Gurewitz 25724) Attorneys for Plaintiffs 1000 Farmer Street Detroit, Michigan 48226 Telephone: (313) 965-3464 Fax: (313) 965-4315 Exhibit "A" 1 . • v • SETTLEMENT AGREEMENT AND GENERAL RELEASE THIS SETTLEMENT AGREEMENT AND GENERAL RELEASE ("Agreement") is entered into this day of 1996, by and between JAMES ROSENFELD, RUBY FANROY and CATHY KOBAK, individuals of full age (hereinafter collectively referred to as "Claimants"), and the COUNTY OF OAKLAND (hereinafter referred to as the "County"). 1. The parties to thii-Agreement acknowledge the following set of facts: A. The County deleted the Claimants former positions on September 30, 1995 and placed Claimants in new positions resulting in Claimants receiving a lower salary. B. Claimants and the County have expressed an interest in settling their dispute over the County's actions for the purpose of avoiding the expense and inconvenience of legal proceedings; C. Claimants and the County have agreed to settle all differences that have existed between them and Claimants have agreed to generally release the County from any and all liability. 2. This Agreement does not constitute an admission by the County of any wrongful conduct or violation of law. No part of this Agreement, nor any actions of the County in settling this matter shall be considered, constitute, or be cited as an admission by the County of any wrongful conduct or violation of law or of any act alleged by Claimants. 3. For and in consideration of the promises and agreements of the Claimants as set forth in paragraph 4 hereof and in the other paragraphs of this Agreement, the County agrees to place each Claimant at the salary level he/she had on September 29, 1995 and to maintain each Plaintiff at the salary level he/she had on September 29, 1995, but without any salary increases (whether the County provides salary increases to other employees as a result of merit, cost of living, or for any other reason or negotiates salary increases with Claimants' Union Representative which Claimants would otherwise receive or which would apply to Claimants or Claimants' position, salary grade or classification) until the salary for the particular position the Claimant holds equals his/her salary on September 29, 1995 (this process shall hereinafter be referred to as "redlining"). The salary of each Claimant as of September 29, 1995 (redlined salary) and the salary of the position Claimant is currently assigned to are as follows (excluding longevity pay): nOC/05/14/96 SALARY OF REDLINED SALARY CURRENT POSMON James Rosenfeld $60,973 $54,762 Ruby Fanroy 54,762 49,161 Cathy Kobak 49,691 46,565 The County further agrees to redline Plaintiffs retroactive to October 11, 1995. By way of illustration, the redlining process will function as follows: On September 29, 1995 James Rosenfeld had a salary of $60,973.00 for the position he then held. Effective September 30, 1995 that position was deleted and Rosenfeld was offered a new position which had a lower salary grade ($54,762.00). Rosenfeld shall continue to perform his current job, but his salary shall be redlined at his prior salary level ($60,973.00) retroactive to October 11, 1995. Rosenfeld shall not receive any salary increases until salary increases provided to and/or negotiated for Rosenfeld's current position cause the salary for his current position ($54,762.00) to equal or exceed his redlined salary ($60,973.00). At that time Rosenfeld will be eligible to receive future salary increases. The resolution of this matter is being negotiated as part of the negotiations for a Labor Contract between the County of Oakland and the Oakland Cciunty Community Mental Health Supervisors Association. As such, the foregoing schedule and this part of this Agreement shall be made a part of the Labor Contract between the County and the Oakland County Community Mental Health Supervisors Association, and shall be a part of all future Labor Contracts until redlined salaries cease to apply to any Claimant. 4. For and in consideration of the County's promises and undertakings as set forth in paragraph 3 hereof, and for good and valuable other consideration, the receipt and adequacy of which is hereby acknowledged by Claimants, each Claimant does hereby for him/herself, and for his/her family, dependents, executors, administrators, heirs and assigns, releases, demises, acquits and forever discharges the County, Sandra Lindsey, Oakland County Community Mental Health Services Board and their respective attorneys, agents, employees, elected officials, appointed officials or members, affiliates, successors and assigns (hereinafter "Releasees") of and from any and all injuries; causes of action; claims; liabilities; lawsuits; fringe benefits; pension contributions; attorneys fees; claims based on the Employee Retirement Income Security Act; claims or monies due under any employment contract; claims under the Oakland County Merit System; discrimination claims based on federal, state or local law (including but not limited to claims for race, age, handicap, religious, sex and national origin discrimination); claims under the United States or Michigan Constitutions; civil rights claims; employment rights; damages; and rights of any kind or nature whatsoever in law or in equity, now existing or which may hereinafter accrue in favor of any Claimant and against the Releasees by reason of any facts existing through the date hereof, whether known or unknown, fixed or contingent, for any reason 139.038/AGR/MDB09593.DOC/05/14/96 t n whatsoever, without exception or reservation. By way of illustration, but without limitation, this General Release is intended to release and discharge the Releasees from any and all liabilities to Claimants and any and all matters which have been raised, or which could have been raised, by way of claim or otherwise as a result of Claimants' demotion, reclassification, downward reclassification, the deletion of Claimants' positions, the new positions offered to or accepted by Claimants with the County. 5. The letter attached hereto as Exhibit A shall be signed by Sandra Lindsey and placed in the personnel fife of each Claimant. 6. Claimants represent and acknowledges that: (1) he/she has read and understands the contents of this Agreement; (ii) he/she has been advised to and has had the opportunity to fully discuss the terms of the settlement and this Agreement with an attorney of his/her choice; and (iii) he/she has been fully advised of the legal consequences of this Agreement and the settlement. Claimants acknowledge that neither the County nor any other person or entity has made any representation to him/her which has not been expressly stated in this Agreement and that there are no understandings or agreements with any Claimant which is not included in this Agreement. 7. As required under federal law, 29 U.S.C. Section 626(t)(1), each Claimant is hereby advised that he/she should consult with an attorney before signing this Agreement. Claimants acknowledge that: (i) this Agreement applies to and releases any rights or potential claims arising under the Age Discrimination In Employment Act ("ADEA)"; (ii) he/she has twenty-one (21) days in which to consider the terms of this Agreement prior to executing the Agreement; (iii) Claimants individually may revoke this Agreement within seven days of signing it by delivering a written notice revoking this Agreement within the seven day period to the office of Malcolm D. Brown, Van Suilichem & Brown, P.C., 525 North Woodward Avenue, Suite 1000, Bloomfield Hills, Michigan 48304; and (iv) if he/she revokes this Agreement as set forth herein, it shall not be effective or enforceable. The parties hereto have signed this Settlement Agreement and General Release as of the day and year first above written. Gke/lirc)11 WITNESS okel 141>h 11 WITNESS *OW P'N WITNESS 3Bs 11PP (DB09593.D0C105/14/96 • e vit p • Resolution #96125 June 13, 1996 Moved by Douglas supported by Kingzett the resolution be adopted. AYES: Crake, Devine, Dingeldey, Douglas, Garfield, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Moffitt, Obrecht, Palmer, Pernick, Powers, Quarles, Schmid, Taub, Wolf, Amos. (25) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Lynn D. Allen, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on June 13, 1996 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 13th day 9f June 1996. Lynaf D. Allen, County Clerk