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FISCAL REPORT (Misc. #98318) December 10, 1998
BY: FINANCE COMMITTEE, SUE ANN DOUGLAS, CHAIRPERSON
IN RE: PERSONNEL DEPARTMENT - MEMORANDUM OF AGREEMENT - SEPARATION OF CMH
EMPLOYEES REPRESENTED BY THE UNITED AUTOMOBILE, AEROSPACE AND AGRICULTURAL
IMPLEMENT WORKERS OF AMERICA (UAW)
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.
Decentber 10, 1998
MISCELLANEOUS RESOLUTION # 98318
BY: Personnel Committee, Thomas A. Law, Chairperson
IN RE: PERSONNEL DEPARTMENT/MEMORANDUM OF AGREEMENT - SEPARATION OF CMH
EMPLOYEES REPRESENTED BY THE UNITED AUTOMOBILE, AEROSPACE, AND AGRICULTURAL
IMPLEMENT WORKERS OF AMERICA (UAW)
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Board of Commissioners has passed Misrellanpous 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 United Automobile, Aerospace and
Agricultural Implement Workers of America (UAW)covering approximately 38 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 United Automobile, Aerospace, and Agricultural Implement
Workers of America (UAW), 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.
OAKLAND; REJJ F [IL L. BROOKS PATTERSON, nAND COUNTY EXECUTIVE
COUNTY MICHIGAN
DEPARTMENT OF PERSONNEL '99 JAN 12 12 Director
PEF WY COUNTY CLERK
TO: G. William Caddell, Clerk/Register
FROM: Thomas R. Eaton, Deputy Director of Personnel
DATE: January 7, 1998
SUBJECT: Memorandum of Agreement-United Automobile, Aerospace and
Agriculltural Implement Workers of America (UAW)
Enclosed for your files, please find a copy of the Memmorandum of
Agreement with the UAW, 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.
TREijaf
Enclosure
cc: Bob Horstman
Reuben Turner
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 United Automobile, Aerospace and Agricultural Implement Workers of
America (UAW) (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 January 1,
1999 and no new labor contract will be negotiated between the County and 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
January 1, 1999.
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.
By: /
Its:
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. Association to Fully Cooperate. The Association 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 UNITED AUTOMOBILE, AEROSPACE AND
AGRICULTURAL IMPLEMENT WORKERS
OF AMERICA (UAW)
'
Resolution #98318 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, Kingzett, Law, McCulloch, McPherson,
Millard, Moffitt, Obrecht,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 certify 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 thls / Oth day of.December, 1998.
AWAAWM...
G. William Caddell, County Clerk