HomeMy WebLinkAboutResolutions - 1999.02.25 - 25700Februar 4, 1999
MISCELLANEOUS RESOLUTION #99025
BY: Personnel Committee, Thomas A. Law, Chairperson
IN RE: PERSONNEL DEPARTMENT - 1999-2001 LABOR AGREEMENT FOR EMPLOYEES
REPRESENTED BY THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES
(PROSECUTOR 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 (AFSCME) has been negotiating a labor agreement covering
approximately four (4) Prosecutor Investigator's; and
WHEREAS a 3-year agreement has been reached for the period January 1, 1999
through September 30, 2001; and
WHEREAS the agreement has been reduced to writing and reviewed by your
Personnel Committee, which recommends approval of the agreement; and
WHEREAS the agreement is based on a "me too" with the general non-
represented employees for FY 1999, FY 2000 and FY 2001 wages and benefits.
NOW THEREFORE BE IT RESOLVED that the proposed agreement between the County
of Oakland and the American Federation of State, County and Municipal employees,
covering the period of January 1, 1999 through September 30, 2001, is approved
and that the Board Chairperson, on behalf of toe 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 roil call vote with Galloway absent.
CO
CO
OAKLAND; L. BROOKS PATTERSON, OAKLAND COUNTY EXECUTIVE
COUNTY MICHIGAN
DEPARTMENT OF PERSONNEL Judith Ea:on, Director
TO: G. Caddell, County Clerk/Register of Deeds
FROM: Thomas R. Eaton, Deputy Director of Personnel
DATE: April 5, 1999
SUBJECT: Local 3075, Michigan Council 25, American Federation of State,
County and Municipal Employees, Prosecutor's Investigators
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 representing the Prosecutor's
Investigators. This collective bargaining agreement was passed at the
February 25, 1999 Board meeting.
Should you have any questions or need further information please feel
free to contact me.
TRE/mac
Enclosure
74'
4; f-0.1
EXECUTIVE OFFICE BUILDING 34 EAST • 1200 N TELEGRAPH RD DEPT 440 • PONTIAC MI 48341-0440 • (248) 858-0530 • FAX (248) 858-1511
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
Collective Bargaining Agreement
1999-2001
AGREEMENT
This agreement is made and entered into thisi day of4ek/140A-4-L-, A.D., 1999,
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)
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
2
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. This name shall be certified in writing to the Prosecuting Attorney.
Permission for the representative of the Bargaining Unit to leave their work station for the purpose
of handling disciplinary matters will not be unreasonably withheld.
3
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.
4
Section 2
The reemployment rights of employees and probationary employees who are veterans will
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.
5
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
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.
XIIL 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.
6
XIV. FINAL 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 they are no longer a member of the bargaining
unit. However, an employee shall continue to be subject to Check-off deductions which they have
authorized when 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
(c)
7
period prior to the expiration of the agreement,
(d) The Union will protect and save harmless the Employer from any and all claims,
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 until midnight, September 30, 2001. 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
David Gorcyca
Prosecuting Attorney
OAKLANIA COUNTY EXECUTIVE
L. Brooks Patters
AMERICAN FEDERATION OF STATE,
COUNTY AND MUNICIPAL EMPLOYEES,
AFL-CIO, MICHIGAN COUNCIL 25
jeee,-a__)
COUNTY OF OAKLAND A Michigan
Constitutional Corporation
By:
John Mcgulioah, Chairperson
Board of cirrirnissioners
OAKLAND COUNTY PROSECUTOR
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 employee benefit modifications implemented on a County-wide
basis for the general non-represented employees to take effect during fiscal year 1999, 2000 and
2001 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.
II
Effective September 26, 1998, bargaining unit employees required to drive their personal
vehicle on official County business shall receive thirty-two and a half cents ($.325) per mile.
10
III
Effective July 1, 1991, Prosecutor's Investigators will be eligible to receive a Clothing
Allowance of $375 annually to be paid in installments of $187.50 June 15 and $187.50
December 15.
11
II
III
PROStCUTOR'S INVESTIGATORS
APPENDIX B
MERIT BI-WEEKLY SALARY SCHEDULE FOR FY 1999 - Effective with the
first pay period on or after September 26, 1998:
$1,800.68 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.
MERIT SALARY SCHEDULE FY 2000
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 fiscal year 2000, 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.
MERIT SALARY SCHEDULE FY 2001
Employees represented by this bargaining unit shall be entitled to receive the same
general salary increase approved by the Oakland County Board of Commissioners to
take effect during fiscal year 2001 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.
12
Resolution #99025 February 4, 1999
The Chairperson referred the resolution to the Finance Committee. There
were no objections.
4 I
FISCAL NOTE (M.R. #99025) February 25, 1999
By: Finance Committee, Sue Ann Douglas, Chairperson
IN RE: PERSONNEL DEPARTMENT - 1999-2001 LABOR AGREEMENT FOR EMPLOYEES REPRESENTED
BY THE AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES (PROSECUTOR
INVESTIGATORS)
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed
the above referenced resolution and finds:
1. Oakland County and the American Federation of State, County and
Municipal Employees have negotiated a three-year contract for four
(4) Prosecutor Investigators.
2. The contract is for the period covering January 1, 1999 through
September 30, 2001.
3. The contract is a "me too" with general non-represented employees
covering fiscal years 1999, 2000 and 2001 for salaries and fringe
benefits.
4. The Prosecuting Attorney's 1999 Adopted Budget included the funding
for the positions, therefore no budget amendments are required.
FINANCE COMMITTEE
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Palmer absent.
I HEREBY AFTROVIJI4E FOREGOING RFE,n.1
L Li Patterson. County Executive Date
IN
Resolution #99025 February 25, 1999
Moved by Devine supported by Suarez the resolution be adopted.
AYES: Taub, Amos, Appel, Causey-Mitchell, Colasanti, Coleman, Devine,
Dingeldey, Galloway, Garfield, Gregory, Jensen, McPherson, Millard, Moffitt,
Obrecht, Patterson, Sever, Suarez. (19)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
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 February 25, 1999 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 25th day of February, 1999.
Al iro:41/1/PMPWAIIIIIII,P1IPPWF G. il'iam ,