HomeMy WebLinkAboutResolutions - 1998.03.05 - 25409February 12, 1998
MISCELLANEOUS RESOLUTION #98008
BY: Personnel Committee, Thomas A. Law, Chairperson
IN RE: PERSONNEL DEPARTmENT - 1998-2000 LABOR AGREEMENT FOR EMPLOYEES
REPRESENTED BY THE POLICE OFFICERS LABOR COUNCIL (CIRCUIT COURT SERVICE OFFICERS)
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland and the Circuit Court Service Officers, have
been negotiating a contract covering approximately 6 employees; and
WHEREAS a 3-year agreement has been reached for the period January 1, 1998
through September 30, 2000, and said agreement has been reduced to writing; and
WHEREAS the agreement has been 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 Police Officers Labor Council, covering the period of January
1, 1999 through September 30, 2003 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
THE COUNTY OF OAKLAND
THE
OAKLAND COUNTY CIRCUIT COURT
AND
POLICE OFFICERS LABOR COUNCIL
CIRCUIT COURT SERVICE OFFICERS
(SPECIAL INVESTIGATORS)
COLLECTIVE BARGAINING AGREEMENT
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1998 - 2000
AGREEMENT
This agreement is made and entered into on this 541— day of , A.D., 1998, by
and between Sixth Judicial Circuit Court, hereinafter referred to as the "Employer", the County of
Oakland, and Labor Council, Michigan Fraternal Order of Police, 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 Union is recognized as the exclusive representative of the Court Service Officers (Special
Investigators) of the Sixth Judicial Circuit Court, 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 Friend of the Court Service Officers (Special Investigators)
employed by Oakland County; excluding supervisory 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.
III. DUES CHECK-OFF
(a) Union membership dues, initiation fees and assessments will be authorized, levied and certified
in accordance with the Constitution and Bylaws of the Union. Initiation fees, dues and/or assessments will
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be deducted 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/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 end of each calendar year.
(c) The Union will protect and save harmless the Employer and the County 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. 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,
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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 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) days of the
occurrence. The immediate supervisor shall attempt to resolve the grievance informally. Dismissals,
suspensions, demotions, and reprimands shall not be subjects for the grievance procedure but shall be
processed according to the procedures of the Personnel Appeal Board.
Step I
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) days
of the occurrence.
Step 2
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 five (5) days
of receipt of the written grievance.
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If the 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 Court Administrator a meeting of Employee
Relations and the Court Administrator with the Grievance Committee. Such meetings will be held
within fifteen (15) days after the date of written request and the Employer will render its decision
within seven (7) 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-Friday, excluding Saturday,
Sunday and Holidays.)
Step 4
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:
1. Keith Grody
2. Richard Kanner
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 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
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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.
Any grievance not appealed from any step for 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 unit. When 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
who's name appears first on an alphabetical list shall be deemed senior.
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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 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;
(0 If the employee is on lay-off for a period of time equal to his/her unit seniority time.
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 Systems Handbook.)
IX. FALSE ARREST INSURANCE
The County shall provide false arrest liability protection for the employees covered by this
agreement at no expense to the employee.
X. GENERAL CONDITIONS
Section 1
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 members of the Union
shall not lose time or pay for time spent in such special conferences.
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kDOPTION BY REFERENCE OF RELEV kNT RESOLUTIONS AND PERSON'S XL
Section 2
Overtime work will be equalized between employees on the same shift with the same job duties
and classification in so far as is practicable.
POLICIES
All Resolutions of the Oakland County Board of Commissioners, as amended or changed relating
to the working conditions and compensation of 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 sent forth.
XII. 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.
XIII. 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.
XIV. 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.
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By
John M
/
By
Richard Weiler
_t_t_
Edward osnic*, Chief udge
Sixth Judicial Circuit Court
loch, Chairperson
By
L. Brooks Patter unty Executive
ci42A4,4)
atkins, Steward
By
Xv. DURATION
This agreement shall remain in full force and effect from January 1, 1998 , to midnight,
September 30, 2000. 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 September 30, 2000, that it desires
to modify the agreement. In the event that such notice is given, negotiations shall begin within a reasonable
period of time.
LABOR COUNCIL
MICHIGAN FRATERNAL ORDER OF POLICE/
CIRCUIT COURT SERVICE OFFICERS
COUNTY OF OAKLAND, a Michigan
Constitutional Corporation
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APPENDIX A
I. BI-WEEKLY WAGES 1998
The following bi-weekly salary schedule shall become effective December 20, 1997:
Base 1 Yrs 2 Yrs 3 Yrs 4 Yrs 5 Yrs
Circuit Court Service Officers 1246.38 1321.50 1396.57 1471.84 1547.00 1622.11
(Special Investigators)
WAGES 1999
Circuit Court Service Officers (Special Investigators) shall receive the same general increase as
approved by the Oakland County Board of Commissioners to take effect during fiscal year 1999
for non-represented employees. All such adjustments shall be applied at the same time and in the
same manner as applied to the general non-represented group.
III. WAGES 2000
Circuit Court Service Officers (Special Investigators) shall receive the same general increase as
approved by the Oakland County Board of Commissioners to take effect during fiscal year 2000
for non-represented employees. All such adjustments shall be applied at the same time and in the
same manner as applied to the general non-represented group.
IV. MINIMUM CALL-IN
Any employee required to work overtime which is non-contiguous to the employee's regular work
schedule shall be entitled to a minimum of two (2) hours work or pay on weekdays or three (3)
hours work or pay on weekends at the applicable overtime rate.
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V. ON-CALL
Employees who are designated for on-call duty during non-working hours are to receive one and
one-half hours pay at the overtime rate for each non-holiday day they are designated to be "on-
call" and available by telephone or beeper to respond to emergencies during non-working hours,
and two hours of overtime pay for each holiday day when designated to be "on-call".
VI. CLOTHING AND CLEANING ALLOWANCE
Effective January 1, 1989 members of the bargaining unit will receive a clothing and cleaning
allowance of $275 annually, payable in installments of $137.50 in June and $137.50 in December.
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FRIEND OF THE COURT SERVICE OFFICERS
(SPECIAL INVESTIGATORS)
APPENDIX B
For the following fringe benefits, refer to the Oakland County Employee's Handbootc:
1. Injury on the Job
2. Leave of Absence
3. Death Benefits
4. Longevity
*5. Medical and Master Medical Coverage
6. Sick Leave
**7. Retirement
8. Annual Leave
***9• Disability Coverage
10. Dental Coverage
11. Tuition Reimbursement
12. Holidays
The fringe benefits modified in pervious collective bargaining agreements shall continue in effect
as modified and described in the Oakland County Employees' Handbook.
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**
**
***
APPENDIX B
Effective January 1, 1989, all employees with eight (8) or more years of full-time County service
shall be eligible for the Military Buy-Back Option as developed by the Oakland County Retirement
Commission and approved by the Oakland County Board of Commissioners.
Employees hired on or after January 1, 1989, who subsequently retire from County service shall
not be eligible for County reimbursement of Medicare Part B payments.
Eligibility for County-provided medical and master medical coverage while on LTD shall be as
follows: An employee on LTD will be eligible for County-provided medical and master medical
coverage for up to six (6) months from the date of LTD eligibility, provided he/she has applied for
and were turned down for Social Security disability and Medicaid and have no other medical and
master medical coverage available and providing the employee has not allowed his/her medical and
master medical coverage to lapse.
The Fringe Benefit plan for 1995 shall be modified to include the following:
*1) Effective 1/1/95, the Preferred Provider Drug plan as adopted by the Board of
Commissioners and in effect for non-represented employees as of 1/1/95, shall be
implemented for employees represented by this bargaining unit.
**2) Employees hired prior to 7/1/94, shall be provided the option to participate in the Defined
Contribution Retirement Plan consistent with the provisions of Miscellaneous Resolution
#94275.
**3) Retirement Health Care Benefits for employees hired on or after 1/1/95 shall be consistent
with the provisions of Miscellaneous Resolution #94292, which sates in part:
"BE IT FURTHER RESOLVED that on completion of fifteen years of
actual County service, employees hired on or after January 1,
1995, shall be credited with 60* of a County paid retiree
health care plan, credited at the rate of 4% each year for the
first fifteen years of employment, and shall accumulate 4 96
additional retirement health care credit per annum with a
maximum benefit of 100% of the County paid portion of
retirement health care on completion of twenty-five (25) years
of eligible County service, excluding employee co-pays and
deductibles..."
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II
1999 & 2000
All amendments to the Flexible Benefit Plan implemented on a County wide basis to non-
represented employees during calendar years 1999 and 2000 shall also be applied to employees represented
by this bargaining unit. All modifications will be applied at the same time and in the same manner as
applied to the non-represented group.
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Resolution #98008 February 12, 1998
The Chairperson referred the resolution to the Finance Committee. There
were no objections.
(.2.6,1n••n•••"."-
FISCAL NOTE (M.R.#98008) March 5, 1998
BY: FINANCE COMMITTEE, SUE ANN DOUGLAS, CHAIRPERSON
IN RE: PERSONNEL DEPARTMENT - 1998-2000 LABOR AGREEMENT FOR EMPLOYEES REPRESENTED
BY THE POLICE OFFICERS LABOR COUNCIL (CIRCUIT COURT SERVICE OFFICERS)
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-F of this Board, the Finance and Personnel Committee
has reviewed the above referenced resolution and finds:
1. The contract covers a three year period from 1998-2000 for 6 Circuit
Court Service Officers.
2. The 3.5% wage increase amounts to an additional $8,271 in wages and
$1,100 in associated fringe benefits. The increase was included in
the FY 1998 budget. The 1999 and 2000 increase will be incorporated
into those respective budgets.
3. The contract calls for overtime pay when service officers are
required to be on-call. These duties were previously performed by
non-union employees at similar rates. The FY 1998 budget provides
funds for these on-call hours.
4. No additional appropriation is required.
FINANCE COMMITTEE
Resolution #98008 March 5, 1998
Moved by Law supported by Devine the resolution be adopted.
AYES: Kaczmar, Kingzett, Law, McCulloch, McPherson, Millard, Moffitt,
Obrecht, Palmer, Powers, Schmid, Taub, Wolf, Amos, Coleman, Devine, Dingeldey,
Douglas, Garfield, Gregory, Holbert, Huntoon, Jacobs, Jensen, Johnson. (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 March 5, 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 this 5th day of March 1998.
0()(A*r*
Lynh D. Allen, County Clerk
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COAKIANM L. BROOKS PATTERSON, OAKLAND COUNTY EXECUTIVE
COUNTY MICHIGAN
DEPARTMENT OF PERSONNEL Judith Eaton, Director
TO: Lynn D. Allen, Clerk/Register
FROM: Thomas R. Eaton, Deputy Director of Personnel
DATE: April 10, 1998
SUBJECT: Circuit Court Service Officers 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 representing the Circuit Court Service
Officers (Special Investigators). This collective bargaining
agreement was passed at the March 5, 1998 Board meeting.
Should you have any questions or need further information please
feel free to contact me.
TRE/jaf
Enclosure
EXECUTIVE OFFICE BUILDING 34 EAST • 1200 N TELEGRAPH RD DEPT 440 • PONTIAC MI 48341-0440 • (248) 858-0530 • FAX (248) 858-1511