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HomeMy WebLinkAboutResolutions - 1996.05.09 - 24850MISCELLANEOUS RESOLUTION #96102 BY: FINANCE AND PERSONNEL COMMITTEE. SUE ANN DOUGLAS, CHAIRPERSON RE: PERSONNEL DEPARTMENT - 1996-1998 LABOR AGREEMENTS FOR EMPLOYEES REPRESENTED BY THE POLICE OFFICERS LABOR COUNCIL (BUILDING SAFETY EMPLOYEES) To the Oakland County Board of Commissioners Chairperson. Ladies and Gentlemen; WHEREAS the County of Oakland and the Police Officers Labor Council have been negotiating a contract covering approximately 12 Building Safety employees; and WHEREAS a three (3) year agreement has been reached for the period January 1, 1996 through December 31, 1998. said agreement has been reduced to writing; and WHEREAS the agreement includes a 3.5% salary increase for calendar year 1996, a 3.5% salary increase for calendar year 1997 and a "me too" salary adjustment with non-represented employees, in 1998; and WHEREAS in addition the agreement increases personal mileage reimbursement to 1.30 per mile as well as changes various health care benefits; and WHEREAS the effect in 1996 is an increase of $10,342 for salaries ,14,829 for fringe benefits and $18 for personal mileage, the effect in 1997 is an increase of $10,647 for salaries, $4,972 for fringe benefits and $20 for personal mileage; and WHEREAS funds are included in the Facilities, Maintenance and Operations budget to cover the 1996 and 1997 increase, no additional appropriation is required; and WHEREAS the 1998 budget will be adjusted by the amount of salary increase granted by the Board to non-represented employees; and WHEREAS the agreement has been reviewed by the Finance and Personnel Committee which recommends approval of the agreement. NOW THEREFORE BE IT RESOLVED that the proposed agreement between the County of Oakland and the Police Officers Labor Council covering the period of January 1, 1996 through December 31. 1998 is approved, and that the Board Chairperson, on behalf of the County of Oakland, is authorized to execute said agreement which is attached. Chairperson. on behalf of the Finance and Personnel Committee, I move adoption of the foregoing resolution. FINANCE AND PERSONNEL COMMITTEE mom. L. BROOKS PATTERSON, OAKLAND COUNTY EXECUTIVE COUNTY MICHIGAN DEPARTMENT OF PERSONNEL C. Vi!-Icent L,..Z,D4cctor TO: Lynn Allen, Clerk/Register FROM: Thomas R. Eaton, Manager, Employee Relations/EEO DATE: June 11, 1996 SUBJECT: Building Safety Attendants Collective Bargaining Agreement Enclosed for your files, please find a copy of the Collective Bargaining Agreement with the County of Oakland and the Police Officers Labor Council. This collective bargaining agreement was passed at the May 9, 1996 Board meeting. Should you have any questions or need further information please feel free to contact me. TRE/jah Enclosure EXECUT:VE OFFICE BUILD,No • 20) N TELEGRAPH RD DEPT 440 • PONTIAC MI 48341-0440 * (810) 050-053.) • '7A)< (610) 656-1511 THE COUNTY OF OAKLAND AND POLICE OFFICERS LABOR COUNCIL BUILDING SAFETY ATTENDANTS f Collective Bargaining Agreement 1996 - 1998 '1 AGREEM.EIST This agreement is made and entered into on this day of A.D., 1996, by and between the Oakland County Board of Commissioners and the Oakland County Executive, hereinafter referred to collectively as the "Employer", and the Police Officers Labor Council, hereinafter referred to as the "Union". It is the desire of both parties to this agreement to continue to work harmoniously and to promote and maintain high standards, between the employer and employees, which will best serve the citizens of Oakland County. I. RECOGNITION The Employer recognizes the Union as the exclusive representative of the Building Safety Attendants of the Oakland County Safety Unit, 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 Building Safety Attendants of the Oakland County Safety Division excluding all seasonal employees, clerical employees, supervisory employees and all other employees. IL 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 IlL DUES CHECK-OFF (a) The Employer agrees to deduct the union membership initiation fee and dues, once each month, from the pay of those employees who individually authorize in writing that such deductions be made. All authorizations delivered to the Employer prior to the first day of the month shall become effective during that succeeding month. Check-off monies will be deducted from the second paycheck of each month and shall be remitted together with an itemized statement to the 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 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 end of each calendar year. (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. IV. STEWARDS AND ALTERNATE Section 1 There shall be a chief steward for the bargaining unit and one alternate steward for each shift. A steward will be permitted to leave his/her work, after obtaining approval of his/her 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 a steward to leave his/her work station will not be unreasonably withheld. The steward will report V. 3 back to his/her shift 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 an assigned job at all times except when permitted to leave work to handle grievances. Section 2 The Union will furnish the Employer with the names of its authorized representatives who are employed within the unit and such changes as may occur from time to time 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. GELEYALCLEROXIIKRE Seaion_l 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 problem to the attention of his immediate supervisor, within three (3) 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 in accordance with the rules of the Oakland County Personnel Appeal Board. Siglil If the grievance is not settled informally, it shall be discussed with the steward and shall be reduced to writing, signed by the grievant and submitted to his/her immediate supervisor 4 within five (5) days of the occurrence. Step 2 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/her written decision within five (5) days of receipt of the written grievance. 5.1g.P1 lithe 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 Employee Relations Division a meeting of the Grievance Committee. Such meetings will be held within fifteen (15) 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 the Chief Steward, the staff representative, or the Shift Steward. (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 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: 5 1. John Coyle 2. Robert Sheedy 3. 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 third 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, 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. Any grievance not appealed from any step of the grievance procedure to the next step as prescribed, shall be onsidered dropped and the last decision final and binding, except that time limits may be extend d by mutual agreement of the parties. In the event that the Employer shall fail to supply the Union with its answer to the particular step within the specified time limits, the grievance shall be c1( erned 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 Employ( r shall assign space for a bulletin board which shall be used by the Union for posting notices, beating the written approval of the President of the Union local. Notices shall be restricted to: (a) Notices of Union recreational and social affairs; 6 • (b) Notices of Union elections: (c) Notices of Union appointments and results of Union elections; (d) Notices of Union Meetings; (e) Other notices of bona fide 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 unit. 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 (6) months. An employee shall lose his seniority for the following reasons: (a) If the employee resigns or retirees; (b) If the employee is discharged, and not reinstated; (c) If the employee is absent from work for three 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 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 employees will be laid off in seniority order, based on capability of performing available jobs and shall be recalled in the inverse order. (Refer to Rule 149, Oakland County Merit 7 System Handbook.) All employees so laid off shall, for a time equal to their length of service in the department at the time of layoff up to a two (2) year maximum be offered the opportunity of recall prior to the hiring of any new employees. IX. PROMOTIONS Promotions within the bargaining unit shall be made on the basis of competitive examination as provided for in the Oakland County Merit System. The Safety unit will make its selection for promotion from the four highest ranking candidates who have passed the promotional examination. The six (6) month probationary period following promotions is only to include active, on the job, compensated service and recognized County paid holidays. All other time off the job, whether compensated or not, in excess of ten (10) scheduled work days, will not count toward the probationary period. X. GENERAL CONDITIONS SectionA 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 may request to discuss the matter with Management. Section 2 Special conferences may be arranged at a mutually convenient time between the staff representative 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 (a) (b) 8 Union. The members of the Union shall not lose time or pay for time spent in such special conferences. Section 3 In the event that any other represented unit other than a unit containing employees eligible for Act 312 Police/Fire Compulsory Arbitration, negotiates a contract with the County of Oakland containing any form of union security, the same right will automatically be given to the unit covered under this agreement. Section 4 All Building Safety Attendants with Merit System status will be entitled to make a shift preference selection only on April 1 and October 1 of each year. This shift preference selection is to be based upon bargaining unit seniority and is subject to the approval of the Safety unit. Employees may, at the time of shift selection, notify management of their building preference for management's consideration. Probationary Employees will be assigned shifts based on the needs of the Division as determined by the Safety unit. S ection_5 Overtime work will be equalized between employees with the same job duties and classification in so far as is practicable. Sectiota__6 The Union shall be notified in advance of anticipated permanent major changes in working conditions and discussions shall be held thereon. DR RELEVANT RESOLUTIONS AND PERSONN1 El XI. XDOI POLICIES All Resolutions of the Oakland County Board of Commissioners, as amended or changed, from time to time, relating to the working conditions and compensation of the employees covered by this agreement, and all other benefits and policies provided for in the Oakland County Merit System, which incorporates the Oakland County Employees' Handbook, except those excluded by this agreement, are incorporated herein by reference. 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, subject to the terms and conditions thereof. 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, sitdowri, stay-in or slowdown or any violation of any State law. In the event of a work stoppage or other curtailment, the empJoyees involved shall be subject to immediate discharge as a violation of the collective bargaining agreement. 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 I, 1996, to midnight. December 31, 1998. The agreement shall be automatically renewed from year to year thereafter 10 L. BrooksZiatterson 2. , • COUNTY OF OAKLAND, a Michigan Constitutional Corporation 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 within a reasonable period of time. This agreement shall remain in full force and be effective during the period of negotiations and until notice of termination of this agreement is provided to the other party in the manner set forth in the following paragraph. In the event that either party desires to terminate this agreement, written notice must be given to the other party no less than ten (10) days prior to the desired termination date which shall not be before the anniversary date set forth in the preceding paragraph. It is agreed and understood that the provisions contained herein shall remain in full force and effect so long as they are not in violation of applicable statutes and ordinances and remain within the jurisdiction of the County of Oakland for continued application. ) _ 111 POLICE OFFICERS LABOR COUNCIL 0,=EXECUTIVE 11 APPENDIX A BI-WEEKLY SALARIES - 199_6 The following merit hi-weekly salary schedule shall prevail for the period beginning the first pay on or after December 23, 1995: Classification Base 6 Mo, 1 Year 2_Ys.al 3 Year 4 Year 5 Year Bldg. Safety Attnd. 745.96 797.12 848.27 901.73 959.69 *General Helper 604.73 BI-WEEKLY SALARIES - 1997 The following merit bi-weekly salary schedule shall prevail for the period beginning the first pay period on or after December 21, 1996: Classification Bas 61d%. LI= 2 Year 3 Year 4 Year 5 Yeat Bldg. Safety Attnd. 772.08 825.00 877.96 933.31 993.27 *General Helper 625.88 BE-WEEKLY SALARIES - 1998 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. All such adjustments shall be applied at the same time and in the same manner as applied to the non-represented employee group. DISPATCH BONUS Effective January 3, 1987 a $750 annual bonus (pro-rated hi-weekly) will be paid to Building Safety Attendants assigned to dispatch functions (Limit of 5). MINIMUM CALL-IN Any employee required to work overtime and who reports for such assignment which is non- contiguous to the employees regular work schedule shall be entitled to a minimum of two (2) hours work or pay at the applicable overtime rate, *The General Helper classification will be utilized as an entry level for Building Safety Attendant. Employees completing their probationary period will be immediately promoted to Building Safety Attendant without examination and without need for vacancy. 12 APPENDIX B For the following fringe benefits, refer to the Oakland County, Employees Handbook: 1. Injury on the Job 2. Holidays 3. Leave of Absence 4. Life Insurance 5. Longevity 6. Master Medical Coverage 7. Sick Leave 8. Retirement 9. Annual Leave 10. Income Continuation Coverage 11. Dental Coverage 12, Tuition Reimbursement II Effective with the execution of this agreement, employees required to drive their personal vehicle on official County business shall receive thirty (30) cents per mile. Ill Benefits - 1997 - Health Care changes consistent with the provisions outlined in the Health Care Summary (dated U8/96) for current and new employees shall be implemented effective January 1, 1997. 13 Benefit- 1928 All employee benefit modificaitons, implemented on a County wide basis to general non- represented employees to take effect during 1998 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. 14 - HEALTH CARE SUMMARY 01/08/96 CURRENT EMPLOYEES TzAditigns1.1. 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/Catastrophic Plaa • $200, $400, $600 credit for selecting this option M No first $ Dollar benefit M Most eligible expenses reimb. 80% Except: M Substance Abuse Trtmt. - 50% (out-patient $1,000 max.) M Psych./Mental Nervous Trtmt. 50% (out-patient $1,000 max.) • Deductible - $350 individual, $700 2 or more. • $1000 individual/$2000 family out of pocket max. (includes deductible) • $5 co-pay prescriptions HEALTH CARE SUMMARY CURRENT EMPLOYEES PPO • $100, $200, $300 Credit for selecting this option • Office visits - $10 co-pay - No deductible • $5 drug co-pay • $10 emergency room co-pay ffealth Alliance Plan I $10 office visit co-pay • $5 drug co-pay • $10 emergency room co-pay Blue Care Network • Not available - 1-1-97 (BC/BS Point of Service Plan duplicates Blue Care Network) Point of Service ▪ $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 F c • le '''' HEALTH CARE SUMMARY CURRENT EMPLOYEES • $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 CARE SUMMARY NEW HIRE Traditional O Not available as of 1-1-97 Comprehensive/Catastrophic Plan • No Cost/No Credit O No first $ - Dollar benefit • Most eligible expenses reimb. 80% Except: • Substance Abuse Trtmt. - 50% (out-patient $1,000 max.) • Psych./Mental Nervous Trtmt. - 50% (out-patient $1,000 max.) O Deductible - $350 individual, $700 2 or more. • $1000 individual/$2000 family out of pocket max. (includes deductible) O $5 co-pay prescriptions • Not available 1-1-97 liealtk Alliance Plan • Not available HEALTH CARE SUMMARY W HIRE Blue Care Network • Not available Point of Service 11 $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%. I $10 co-pay office visits • $23 co-pay emergency room visits • $5 prescription co-pay • $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 • * I HETIEBY L. Brooks HE FOREGOING 8ESOLUTION v/ivi5t erson, County Executive Date :14 Allen, County Clerk Resolution #96102 May 9, 1996 Moved by Douglas supported by McPherson the resolution be adopted. AYES: Garfield, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Moffitt, Palmer, Pernick, Powers, Quarles, Schmid, Taub, Wolf, Amos, Crake, Devine, Dingeldey, Douglas. (24) 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 May 9, 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 9th day of May 1996.