HomeMy WebLinkAboutResolutions - 1996.09.12 - 24915MISCELLANEOUS RESOLUTION#9620
BY: FINANCE AND PERSONNEL COMMITTEE, SUE ANN DOUGLAS, CHAIRPERSON
IN RE: PERSONNEL DEPARTMENT - THREE YEAR (1996-1998) LABOR AGREEMENT FOR
EMPLOYEES REPRESENTED BY AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL
EMPLOYEES, MICHIGAN COUNCIL 25 (PROSECUTOR'S INVESTIGATORS)
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen;
WHEREAS the County of Oakland and the American Federation of State, County
and Municipal Employees, Michigan Council 25, have been negotiating a contract
covering approximately seven (7) Prosecutor's Investigators of the Office of the
Prosecuting Attorney; and
WHEREAS a three (3) year agreement has been reached for the period of
January 1, 1996 through December 31, 1998; and
WHEREAS the agreement includes a 3.5% salary increase for calendar year
1996, a 3.5% for calendar year 1997, and a "me too" salary adjustment with the
non-represented employees in 1998; and
WHEREAS the effect for 1996 is an increase of $10,472 for salaries and
$4,890 for fringe benefits which the 1996 Prosecuting Attorney's budget has
sufficient funds to cover, therefore no amendments are required; and
WHEREAS the effect for 1996 is an increase in mileage reimbursement of
$1,100 which the 1996 Prosecuting Attorney's budget has sufficient funds to
cover, therefore no amendments are required; and
WHEREAS the effect for 1997 is an increase of $10,839 for salaries and a
decrease of $3,913 for fringe benefits which have been included in the FY 1997
County Executive Recommended Budget; and
WHEREAS the 1998 budget will be adjusted by the amount of salary increase
granted by the Board of Commissioners 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 agreement between the County of
Oakland and the American Federation of State, County and Municipal Employees,
Michigan Council 25, is hereby approved.
BE IT FURTHER RESOLVED that the Chairperson of this Board, on behalf of the
County of Oakland, is authorized to execute the said agreement, a copy of which
is attached hereto.
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: October 8, 1996
SUBJECT: Prosecutor's Investigators 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, Local 3075, Michigan Council 25
representing the Prosecutor's Investigators. This collective bargaining
agreement was passed at the September 12, 1996 Board meeting.
Should you have any questions or need further information please feel
free to contact me.
TRE/jaf
Enclosure
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EXECUTIVE OFFICE BUILDING • 1200 N TELEGRAPH RD DEPT 440 • PONTIAC MI 48341-0440 • (810) 858-0530 • FAX (810) 858-1511
SUMMARY OF TENTATIVE AGREEMENT BETWEEN THE COUNTY OF OAKLAND
AND THE AMERICAN FEDERATION OF STATE, COUNTY AND
MUNICIPAL EMPLOYEES, MICHIGAN COUNCIL 25
(PROSECUTOR'S INVESTIGATORS)
Wages:
1996 - 3.5% retroactive to 12/23/95
1997 - Employees represented by this bargaining unit shall
receive a 3.5% (three and one half percent) wage increase to
their bi-weekly rate. In the event the Board of Commissioners
approves a 1997 general wage increase greater than 3.5% (three
and one half percent) for non-represented employees, these
employees shall be entitled to the greater increase effective at
the same time and in the same manner as provided the non-
represented group in lieu of the aforementioned 3.5% (three and
one half percent) increase.
1997 - Current biweekly health care contribution to be deducted
from the bi-weekly wage rate shown in appendix B.
1998 - "Me Too" with general wage increase for non-represented
employees effective at the same time and in the same manner.
Benefits:
1996 - Mileage - The General Travel Regulation's mileage
reimbursement rate will be $.30, effective with the execution of
this contract.
1997 and 1998 - All employee benefit modifications implemented on
a County wide basis to general non-represented employees to take
affect during 1997 and 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.
THE COUNTY OF OAKLAND AND THE
OAKLAND COUNTY PROSECUTOR
AND
LOCAL 3075, MICHIGAN COUNCIL 25
AMERICAN FEDERATION OF STATE, COUNTY
AND MUNICIPAL EMPLOYEES
PROSECUTOR'S INVESTIGATORS
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Collective Bargaining Agreement
1996- 1998
AGREEMENT
This agreement is made and entered into this I day of '..-:--)7 (2)\ A.D., 1996,
by and between the Oakland County Prosecutor and the Oakland County Board of Commissioners,
hereinafter referred to collectively as the "Employer", and Local 3075 Michigan Council 25,
American Federation of State, County and Municipal Employees, AFL-CIO, 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 employees of the
Oakland County Prosecutor's Office, for the purpose 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 employees of the Oakland County
Prosecutor's Office as defined in
M.E.R.C. Case #76,H410 (Prosecutor's Investigators)
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
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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.
III. DISCIPLINE
Employees shall have the right to appeal terminations by final and binding arbitration. The
arbitration panel shall consist of the Prosecutor, an employee selected by the bargaining unit, the
Oakland County Director of Personnel and a post commander of the Michigan State Police.
IV. LAYOFF 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 at the sole discretion of the Prosecutor and shall be
recalled in the same order that they were laid off. Prosecutor's Investigators shall be eligible for
recall on a time for time basis for up to 24 months following the date of their layoff. New
Prosecutor's Investigators shall not be hired while there are investigators eligible for recall on layoff.
V. REPRESENTATION
The Bargaining Unit shall select by a majority vote, one of their members to represent them
in matters of disciplinary action. His name shall be certified in writing to the Prosecuting Attorney.
Permission for the representative of the Bargaining Unit to leave his work station for the purpose of
handling disciplinary matters will not be unreasonably withheld.
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VI. BULLETIN BOARD
The Employer shall assign a locked bulletin board which shall be used by the Union for
posting notices, bearing the written approval of the President of the union local, which 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 of bona fide Union affairs which are not political or libelous in nature.
VII. FALSE ARREST INSURANCE
Employees covered, by this agreement shall be provided, by the Employer, a policy of False
Arrest Liability Insurance. The premiums for such insurance will be paid by the County.
VIII. GENERAL CONDITIONS
Section 1
The provisions of this agreement shall be applied equally and without favoritism to all
employees in the Bargaining Unit. There shall be no discrimination as to age, sex, marital status,
race, color, creed, national origin or political affiliation. The Union shall share equally with the
Employer the responsibility for applying this provision of the agreement.
Section 2
The reemployment rights of employees and probationary employees who are veterans will
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be limited by applicable laws and regulations.
IX. MERIT SYSTEM RESOLUTION
The provisions of Miscellaneous Resolution #4606 as adopted by the then Oakland County
Board of Supervisors on September 19, 1966, and approved by the electorate on November 8, 1966,
shall continue to apply as set forth therein.
This is to be interpreted to mean that represented employees shall be covered by all Merit
System Rules in effect on the date of the signing of this agreement except for those rules dealing
specifically with the manner of selection, appointment, removal from office or limitations of political
activity. In accordance with past practice, 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 are incorporated by reference with the
limitations set forth above and made a part hereof to the same extent as if they were specifically set
forth.
X. MAINTENANCE OF CONDITIONS
Conditions of employment in effect at the execution of this agreement, except as changed
in accordance with the terms of the agreement, shall be maintained.
XI. 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 slow-down
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or any violation of any State law. In the event of a work stoppage or other curtailment, the
employees 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.
XII. SPECIAL CONFERENCES
Special conferences for important matters may be arranged at a mutually convenient time
between the Local President and the Employer or its designated representative upon the request of
either party. Such meetings shall be between at least two representatives of the Employer and no
more than two employee representatives of the Union and the Staff Representative, if so desired.
Arrangements for such special conferences shall be made in advance and an agenda on the matters
to be taken up at the meeting shall be presented at the time the conference is requested. Matters
taken up in special conferences shall be confined to those included in the agenda. The members of
the Union shall not lose time or pay for time spent in such conference.
XIII. FUTURE NEGOTIATIONS AS TO AGENCY SHOP
In the event that any other represented unit negotiates a contract with the County of Oakland
containing any form of Agency Shops, this unit may then request negotiations to discuss a modified
Agency Shop.
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XIV. FOAL AVERAGE COMPENSATION
It is hereby agreed by the parties that, effective January 1, 1978, employees hired after this
date will not be eligible to include sick leave, annual leave, or any overtime payments as part of their
"Final Average Compensation" for the purpose of computing retirement benefits.
XV. 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, and an itemized statement to the Chapter Chairman, 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.
However, an employee shall continue to be subject to Check-off deductions which he has authorized
when he may be transferred from this bargaining unit to another bargaining unit represented by
Council 25, American Federation of State, County and Municipal Employees.
Any employee may voluntarily cancel or revoke the Authorization of Check-off
deductions upon written notice to the Employer and the Union submitted during the fifteen (15) day
period prior to the expiration of the agreement.
(d) The Union will protect and save harmless the Employer from any and all claims,
(0)
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demands, suits and other forms of liability by reasons of action taken by the Employer for the
purpose of complying with this section.
XVI. DURATION
This agreement shall remain in full force and effect from January 1, 1996, to midnight,
December 31, 1998. It shall be automatically renewed from year to year thereafter unless either
party shall notify the other in writing ninety (90) 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 ninety (90) 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 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.
XVII. 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.
8
chard Thompson
Prosecuting Attorney
AMERICAN FEDERATION OF STATE,
COUNTY AND MUNICIPAL EMPLOYEES,
AFL-CIO, MICHIGAN COUNCIL 25
94
44..... .
OAKLAND COUNTY EXECUTIVE
L.Vooks Patterson
Cotv Executive
OAKLAND COUNTY PROSECUTOR _
COUNTY OF OAKLAND, A Michigan
Constitutional Corporation
By:
John Mc
Board of
loch, Chairperson
mmissioners
9
PROSECUTOR'S INVESTIGATORS
APPENDIX A
A. 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. Disability Coverage
11. Dental Coverage
12. Tuition Reimbursement
B. The fringe benefits modified in previous collective bargaining agreements shall continue
in effect unless subsequently modified.
C. Fringe Benefits - All fringe benefit modifications implemented on a County-wide basis
to non-represented employees during the calendar years 1997 and 1998 shall also be applied to
Employees represented by Local 3075 and become a part of this agreement.
II
Effective with the execution of this contract, employees required to drive their personal
vehicle on official County business shall receive thirty (30) cents per mile.
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III
Effective July 1, 1991, Prosecutor's Investigators will be eligible to receive a Clothing
Allowance of $375 armually to be paid in installments of $187.50 June 15 and $187.50 December
15.
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PROSECUTOR'S INVESTIGATORS
APPENDIX B
MERIT BI-WEEKLY SALARY SCHEDULE FOR 1996 - Effective with the first
pay period on or after December 23, 1995.
(a) Prosecutor's Investigators hired prior to 1/1/81
$1,686.35 Bi-weekly flat rate
These employees will continue to contribute 3% of their total wages toward
the Defined Benefit Retirement Plan. Employees who elected to switch to
the Defined Contribution Retirement Plan will be covered under the
provisions of the Defined Contribution Plan as contained in Miscellaneous
Resolution #94275 and as approved by the Internal Revenue Service and will
no longer be required to contribute to the Defined Benefit Plan.
(b) Prosecutor's Investigators hired on or after 1/1/81
$1,637.27 Bi-weekly flat rate
These employees will not contribute to the Defined Benefit Retirement Plan
but will be covered by the plan in the same manner as other County
employees. Employees who elected to switch to the Defined Contribution
Plan will be covered under the provisions of the Defined Contribution Plan
as contained in Miscellaneous Resolution #94275 and as approved by the
Internal Revenue Service
(c) Prosecutor's Investigators hired on or after 7/1/94
$1,637.27 Bi-weekly flat rate
Employees hired on or after 7/1/94 shall only be eligible to participate in the
Defined Contribution Retirement Plan as adopted by the Board of
Commissioners in Miscellaneous Resolution #94185.
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II yiERinr BI-WEEKLY SALARY SCHEDULE FOR 1997 - Effective with the first
pay period on or after December 21, 1996:
(a) Prosecutor's Investigators hired prior to 1/1181
$1,739.92 Bi-weekly flat rate
These employees will continue to contribute 3% of their total wages toward
the Defined Benefit Retirement Plan. Employees who elected to switch to
the Defined Contribution Retirement Plan will be covered under the
provisions of the Defined Contribution Plan as contained in Miscellaneous
Resolution #94275 and as approved by the Internal Revenue Service and will
no longer be required to contribute to the Defined Benefit Plan.
(b) Prosecutor's Investigators hired on or after 1/1/81
$1,689.12 Bi-weekly flat rate
These employees will not contribute to the Defined Benefit Retirement Plan
but will be covered by the plan in the same manner as other County
employees. Employees who elected to switch to the Defined Contribution
Plan will be covered under the provisions of the Defined Contribution Plan
as contained in Miscellaneous Resolution #94275 and as approved by the
Internal Revenue Service.
(c) Prosecutor's Investigators hired on or after 7/1/94
$ ,689.12 Bi-weekly flat rate
Employees hired on or after 7/1/94 shall only be eligible to participate in the
Defined Contribution Retirement Plan as adopted by the Board of
Commissioners in Miscellaneous Resolution #94185.
NOTE: The 1997 pay rates reflect a 3.5% salary adjustment to the 1996 pay rates less an
amount equal to the yearly health care contribution rate ($142.22). In the event the
Board of Commissioners approve a 1997 general salary adjustment greater than 3.5%
for non-represented employees, employees represented by this bargaining unit shall
be entitled to the greater increase (less the health care contribution rate) effective at
the same time and in the same manner as provided the non-represented group in lieu
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of the aforementioned 3.5% salary adjustment.
III MERIT SALARY SCHEDULE 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 the general non-represented employees.
Adjustments, if any, shall be applied at the same time and in the same manner as
applied to the general non-represented group.
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'HEREBY413PRQWrHEc'OREGOINr- -,7SOLUTION
L. Brooks PaWYFI, County Executive Date
Resolution #96203 September 12, 1996
Moved by Douglas supported by Moffitt the resolution be adopted.
AYES: Douglas, Garfield, Holbert, Huntoon, Jacobs, Jensen, Johnson,
Kaczmar, Kingzett, Law, McCulloch, McPherson, Moffitt, Obrecht, Palmer, Pernick,
Powers, Schmid, Taub, Amos, Crake, Devine, Dingeldey. (23)
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 September 12, 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 12th day of September 1996.
k
17. Allen, County Clerk