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HomeMy WebLinkAboutResolutions - 1998.12.10 - 25325FISCAL REPORT (Misc. #98317) December 10, 1998 BY: FINANCE COMMITTEE, SUE ANN DOUGLAS, CHAIRPERSON IN RE: PERSONNEL DEPARTMENT - MEMORANDUM OF AGREEMENT - SEPARATION OF CMH EMPLOYEES REPRESENTED BY THE OAKLAND COUNTY EMPLOYEES UNION TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: The Finance Committee, having reviewed the above reference resolution and agreement, reports with a recommendation that the resolution be adopted. Chairperson, on behalf of the Finance Committee, I move acceptance of the foregoing report. FINANCE COMMITTEE FINANCE COMMITTEE VOTE: Motion carried unanimously on a roll call vote. December 10, 1998 MISCELLANEOUS RESOLUTION # 98317 BY: Personnel Committee, Thomas A. Law, Chairperson IN RE: PERSONNEL DEPARTMENT/MEMORANDUM OF AGREEMENT - SEPARATION OF CMH EMPLOYEES REPRESENTED BY THE OAKLAND COUNTY EMPLOYEES UNION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Board of Commissioners has passed Miscellaneous Resolutions #96260 and #98215 establishing a Community Mental Health Authority to operate in compliance with and to carry out the provisions of the Michigan Mental Health Code, effective January 1, 1999; and WHEREAS the County of Oakland and the Oakland County Employees Union covering approximately 250 CMH employees, have been negotiating over employee issues related to the transition; and WHEREAS an agreement has been reached relative to these issues; and WHEREAS this agreement has been reduced to writing and reviewed by your Personnel Committee, which recommends approval of the agreement. NOW THEREFORE BE IT RESOLVED that the proposed agreement between the County of Oakland and the Oakland County Employees Union, is approved and that the Board Chairperson, on behalf of the County of Oakland, is authorized to execute said agreement as attached. Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing resolution. PERSONNEL COMMITTEE Personnel Committee Vote: Motion carried on unanimous roll call vote with Devine and Holbert absent. L. BROOKPATTER.SON4 04,4k1tAND COUNTY EXECUTIVE .99 JAN 1 2iultip7 Director OAKLAND; COUNTY MICHIGAN DEPARTMENT OF PERSONNEL 1 f_ l'EF Ui Y COUN1 Y CLE -Rik- TO: G. William Caddell, Clerk/Register FROM: Thomas R. Eaton, Deputy Director of Personnel DATE: January 7, 1998 SUBJECT: Memorandum of Agreement-Oakland County Employees Union Enclosed for your files, please find a copy of the Memmorandum of Agreement with the Oakland County Employees Union, representing Community Mental Health Employees. This Memorandum of Agreement was passed at the December 10, 1998 Board meeting. Should you have any questions or need further information please feel free to contact me. TRE/jaf Enclosure cc: Bob Horstman Steve Schell EXECUTIVE OFFICE BUILDING 34 EAST • 1200 N TELEGRAPH RD DEPT 440 • PONTIAC MI 48341-0440 • (248) 858-0530 • FAX (248) 858-1511 AGREEMENT This Agreement ("Agreement") is entered into between the County of Oakland (hereinafter "County") and the Oakland County Employees Union (hereinafter "Union") on this day of December, 1998. The parties hereto have resolved the matters between them concerning the separation of employees represented by the Union from employment with the County and their transfer, pursuant to MCL 330.1205 et seq., to employment with the Oakland County Community Mental Health Authority (hereinafter the "Authority"). The facts underlying this Agreement as well as the agreement of the parties are set forth below. I. This Agreement is based upon the following facts: A. Pursuant to MCL 330.1205 et seq., the County has passed Miscellaneous Resolution Nos. 96260 and 98215 establishing the Authority. B. All current employees of the Oakland County Community Mental Health Department who are represented with the Union (hereinafter "CMH Employees") shall be separated from employment by the County effective December 31, 1998 and pursuant to MCL 330.1205 et seq. will be transferred to the Authority effective January 1, 1999. C. The Labor Contract between the County and the Union will expire on December 31, 1998 and no new labor contract will be negotiated between the County and the Union covering the Employees represented by the Union. The County has timely sent to the Union all necessary notices terminating the Labor Contract between the County and the Union. II. The County and the Union hereby agree as follows: A. Labor Contract Termination. The Labor Contract between the County and the Union shall be canceled and terminated effective at the end of the day on December 31, 1998. B. Transfer of CMH Employees. The CMH Employees will be separated from employment with the County under and pursuant to Merit Rule 9.4 on December 31, 1998 and pursuant to MCL 330.1205 the CMH Employees will be transferred to employment with the Authority effective January 1, 1999. C. Defined Contribution Pension Plan. CMH Employees who are participants in the County's defined contribution pension plan will have the funds in their accounts transferred to a plan to be established by the Authority. The transfer will occur at a time, on or after January 1, 1999, to be mutually agreed upon by the Union and the Authority. D. Defined Benefit Pension Plan. CMH Employees who are participants in the County's defined benefit pension plan may continue in that plan for one additional year (January 1, 1999 to December 31, 1999). Provided, however, that the Authority makes payments to the County to fund all contributions to the defined benefit pension plan for those CMH Employees. Current plan participants may receive up to one additional year of service credit for that year (January 1, 1999 to December 31, 1999). Thereafter, the County shall have no further obligation to CMH Employees for or concerning the defined benefit pension plan except to maintain their accounts in the plan in the same manner as any former County employee. E. Retiree Health Insurance. The County will allow CMH Employees to receive up to one additional credit year under the County Retiree Health Insurance Plan (i.e., from January 1, 1999 to December 31, 1999) toward retiree health insurance. F. Sick/Personal and Annual Leave Banks. The sick/personal and annual leave banks of CMH Employees shall be transferred to the Authority at a time, on or after January 1, 1999, to be mutually agreed upon by the Union and the Authority. G. Probationary Periods. The County will provide the Authority with a list of employees currently serving probationary periods. H. Pending Proceedings. All arbitration, agency, court and Personnel Appeal Board proceedings shall continue as scheduled. The parties agree that any employee returned to work pursuant to a final order of an arbitrator, agency, court or the Personnel Appeal Board shall be returned to work by the County if the order is effective prior to December 31, 1998 and the County shall be responsible for back pay only until December 31, 1998. If the order is effective on or after January 1, 1999, the Union and the Authority shall resolve reinstatement issues and will resolve any back pay issues for time periods after January 1, 1999. Its: e ,5,c/-ii ( By: Its: Re-employment Rights. Re-employment rights of CMH Employees pursuant to Merit Rule 12 shall be extended from 18 months to 24 months. To be eligible for re-employment with the County, CMH Employees must comply with all prerequisites and time limitations set forth in Merit Rule 12 concerning re- employment. These prerequisites and time limitations remain unchanged. J. Deferred Compensation Plan. All monies held in accounts in the County deferred compensation plan shall be transferred to a plan to be established by the Authority at a time, on or after January 1, 1999, to be mutually agreed upon by the Union and the Authority. K. Union to Fully Cooperate. The Union agrees to fully cooperate in effectuating the agreements and understandings set forth above and will execute any documents necessary for these purposes. L. Bargaining. The parties have met to bargain over any issues which have or might arise as a result of the establishment of the Authority, the transfer of employees to the Authority, and related issues. This Agreement is a result of that bargaining. The parties hereby waive any further bargaining obligations. This Agreement is entered into on the date first above-written. COUNTY OF OAKLAND OAKLAND COUNTY EMPLOYEES UNION G. William Caddell, County Clerk Resolution 498317 December 10, 1998 Moved by Wolf supported by Taub the resolutions on the Consent Agenda be adopted and the resolutions on the Consent Agenda being amended to conform with their committee reports be adopted as amended. AYES: Coleman, Dingeldey, Douglas, Garfield, Gregory, Hoffman Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, KLngzett, Law, McCulloch, AcPherson, Millard, Moffitt, Obrecht i Palmer, Taub, Wolf, Amos. (23) NAYS: None. (0) A sufficient majority having voted therefor, the resolutions on the Consent Agenda were adopted and the resolutions on the Consent Agenda being amended to conform with their committee reports were adopted as amended. STATE .OF MICHIGAN) COUNTY OF OAKLAND) I, G. William Caddell, Clerk of the County of Oakland, do hereby certif:r that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on December 10, 1998 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 Ulla 40th day of,December, 19S8.