HomeMy WebLinkAboutResolutions - 1999.05.13 - 25795•
April 29, 1999
MISCELLANEOUS RESOLUTION #99102
BY: Personnel Committee, Thomas A. Law, Chairperson
IN RE: PERSONNEL DEPARTMENT - 1999-2001 LABOR AGREEMENT FOR EMPLOYEES
REPRESENTED BY TEAMSTERS LOCAL 214 (JAIL CLINIC NURSES)
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland and Teamsters Local 214 have been negotiating
a labor agreement covering approximately 14 employees; 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 3% increase, effective September 26,
1998, and a "me too" salary adjustment for FY 2000 and 2001.
NOW THEREFORE BE IT RESOLVED that the proposed agreement between the County
of Oakland and employees represented by Teamsters Local 214, covering the period
of January 1, 1999 through September 30, 2001, 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 unanimously on roll call vote with Moffitt and Galloway absent
OAKLAND; L. BROOKS PATTERSON, OAKLAND COUNTY EXECUTIVE
COUNTY MICHIGAN
DEPARTMENT OF PERSONNEL Judith Eaton, Director
TO: W. Caddell, Oakland County Clerk/Register
FROM: Thomas R. Eaton, Deputy Director of Personnel
DATE: July 19, 1999
SUBJECT: Teamsters, State, County, and Municipal Workers Local 214
Enclosed for your files, please find a copy of the Collective
Bargaining Agreement with the County of Oakland, and the Teamsters.
This Bargaining Agreement was passed at the May x, 1999 Board of
Commissioner's meeting. 13
Should you have any questions or need further information please
feel free to contact me.
TRE/mac
Enclosure
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
TEAMSTERS, STATE, COUNTY, AND MUNICIPAL WORKERS LOCAL 214
(Jail Health Program Nurses)
Collective Bargaining Agreement
1999 - 2001
, 1999, by
AGREEMENT
This agreement is made and entered into on thisA)-- day of
and between the Oakland County Board of Commissioners and the Oakland County Executive,
hereinafter referred to collectively as the "Employer" and Teamsters, State, County, and Municipal
Workers Local 214 affiliated with the International Brotherhood of Teamsters and the union's
affiliate the Oakland County Health Division Jail Health Program Nurses, 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. All references to the feminine in this agreement shall apply equally
to the masculine and vice versa.
I. RECOGNITION
The Employer recognizes the Union as the exclusive representative of the following
employees, for the purposes 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 regular full-time Registered Nurses and Licensed Practical Nurses of
the Oakland County Health Division, Jail Health Program, excluding
supervisors and all other employees.
II. MANAGEMENT RESPONSIBILITY
The right to hire, promote, discharge or discipline for just cause, and to maintain discipline
and efficiency of employees, is the sole responsibility of the Employer except that Union members
2
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) The Employer agrees to deduct the Union's 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 the succeeding month. Check-off monies will be deducted from the
second paycheck of each month and shall be remitted together with an itemized statement 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 he/she is no longer a member of the bargaining unit. Voluntary
withdrawal from payroll deduction of union dues may only occur during the period of December 16
through December 31 of the last year of this agreement.
(c) The Union will protect and save harmless the Employer 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.
(d) In the event that any other represented unit, other than a unit containing employees
eligible for Act 312 Police/Fire Compulsory Arbitration or employees whose designated employer
is other than the Oakland County Executive, negotiates a contract with the County of Oakland
containing any form of Union security, the same right will automatically be given to the unit covered
under this agreement.
3
IV. GRIEVANCE STEWARDS
Section 1.
There shall be one Union Steward for each shift, one of whom shall be designated Chief
Steward. It shall be the function of such individuals to act in a representative capacity for the
purpose of processing and investigating grievances for employees covered by this agreement and to
attend special conferences.
Union Stewards will be permitted to leave their work, after obtaining approval of their
respective supervisors and recording their time, for the purpose of adjusting grievances in accordance
with the grievance procedure. Permission for Union Stewards to leave their work will not be
unreasonably withheld. Union Stewards will report their time to their 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, and that they will continue to work at their assigned jobs at all times except when permitted
to leave their work to handle grievances.
Section 2.
Should any Union Steward position become vacant, the Union agrees to fill the vacancy as
soon as possible and then notify the Employer within five (5) working days of the position being
filled.
Section 3,
The Union will furnish the Employer with 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 so
4
that the Employer may at all times be advised as to the authority of the individual representative of
the Union with which it may be dealing.
V. GRIEVANCE PROCEDURES
A grievance shall be defined as a written dispute, claim or complaint arising under and during
the term of this Agreement or any extensions of this Agreement and filed by an authorized
representative of, or an employee in, the bargaining unit. Grievances are limited to matters of
interpretation or application of express provisions of this Agreement.
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 her problem or grievance to the attention of her immediate supervisor, with or without her
Union Steward within ten (10) calendar days of the occurrence. The immediate supervisor shall
attempt to resolve the grievance informally. Dismissals, suspension, demotions, and disciplinary
actions of any type shall only be subject to the grievance procedure herein and shall not be subject
to the Personnel Appeal Board.
Step 1.
If the grievance is not settled informally, it shall be discussed with the Union Steward and
shall be reduced to writing, signed by the grievant, and submitted to her immediate supervisor within
five (5) working days of the informal discussion.
Step 2.
The written grievance may be discussed between the Union Steward and the immediate
supervisor if so desired. If a discussion is held, the grievant may attend if she so desires. The
supervisor will attempt to adjust the matter and will give a written decision to the Union Steward
with a copy to the employee within ten (10) working days of receipt of the written grievance.
5
aigi2.3=
Any grievance not settled at Step 2 may be submitted to the next step of the grievance
procedure - Step 3. Step 3 shall consist of a grievance committee meeting. There shall only be one
Union Steward present at the grievance committee meeting. This representative may be assisted by
a representative of the Teamsters. A grievant may be present during all or a portion of a Grievance
Committee Meeting by mutual agreement of the parties without loss of pay. Any grievance not
submitted to the next grievance committee meeting, by written notification to the Employer within
five (5) working days of the immediate supervisor's written decision, shall be considered dropped.
The Employer will give a written decision to the Union Steward with a copy to the employee within
fifteen (15) working days of such meeting.
Step 4.
Any matter not settled in Step 3 of the grievance procedure may be submitted to final and
binding arbitration. The request for arbitration must be submitted to the Employer within fifteen
(15) working days of the Employer's written response to the Grievance Committee Meeting - Step
3. The grievance upon which Arbitration has been demanded shall be referred to one of the
following Arbitrators in accordance with the date of the written grievance, the oldest grievance being
referred first:
1. John Coyle
2. Richard Kanner
3. Keith Groty
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
6
Arbitrator on the list. After a grievance has been referred to the last 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 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. Expenses for arbitration shall be borne equally by both parties.
Any grievance not appealed, from a decision in one of the steps of 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 the
Employer shall fail to supply the Union with its answer to the particular step within specified time
limits, the grievance shall be automatically advanced to the next step with the time limit for
exercising and appeal commencing with the expiration of the grace period for answering. In
computing days under the grievance and arbitration procedures, Saturday, Sunday, and holidays shall
be excluded.
VI. SENIORITY
New employees to the unit may acquire seniority by working six (6) continuous months, in
which event the employee's seniority will date back to the date of hire into the Division. When the
employee acquires seniority, his/her name shall be placed on the seniority list, in the order of his/her
seniority date.
An up-to-date seniority list shall be furnished to the Union Business Agent and the Chief
Steward every six (6) months.
An employee shall lose his/her seniority for the following reasons:
(a) If the employee resigns or retires;
7
(b) If the employee is discharged, and not reinstated;
(c) If the employee is absent from work for three (3) 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.
VII. LAYOFF AND RECALL
Section 1.
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 in seniority order (least senior first), with the LPN's being
laid off before GSN's and shall be recalled in the inverse order with the LPN's being recalled last
(after GSN's have been recalled). All employees so laid off shall be offered the opportunity of recall
for a period equal to their length of service, but not to exceed two (2) years, prior to the hiring of any
new employees. An employee being recalled to work shall have at least three (3) working days
written notice before the employees must report to work. A certified letter sent to the employee's
last known address shall constitute proper notice.
Section 2,
The Chief Steward, for the term of their office, shall be considered as having more seniority
than any other bargaining unit employee for the purpose of layoff and recall only.
VIII. GENERAL CONDITIONS
Section 1.
The Union shall be notified in advance of anticipated permanent major changes in working
conditions and discussions shall be held thereon.
8
Section 2.
When any position not listed on the wage schedule is established, the County shall designate
a job classification and rate structure for the position. In the event that the Union does not agree that
the classification is proper, it shall have the right to submit the issue as a grievance through the
grievance procedure within a three (3) month period.
Section 3.
Special conferences for important matters may be arranged at a mutually convenient time
between the Union representative and the Employer upon the request of either party. Such meetings
shall be between at least two (2) representatives of the Employer and no more than two (2)
representatives of the Union. Arrangements for such special conferences shall be made in advance
and an agenda for the matters to be taken up at the meeting shall be presented at the time the
conference is requested.
A special conference shall be scheduled within ten (10) working days after the request is
made to be held at a future date mutually agreed upon.
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 special conferences.
The Employer shall respond in writing to the Union within fifteen (15) working days
following the Special Conference.
Section 4.
The Employer shall assign space on a bulletin board in the Jail Health Clinic which shall be
used by the Union for posting notices bearing the written approval of any elected officer of the
Union, which shall be restricted to:
a. Notices of Union meetings
9
b. Notices of Union elections
c. Notices of results of Union elections and Union appointments
d. Notices of Union recreational and social affairs
e. Other notices of bonafide Union affairs, which are not political or libelous in
nature
Section 5.
The County will guarantee a minimum of two (2) hours work or pay at the employee's
applicable rate to an employee who has checked out, gone home and is then called out for additional
work. Should an employee be called out on a leave day, he/she shall be entitled to three (3) hours
work or pay at the employee's applicable rate. Call-outs must be non-contiguous to the employee's
regular shift.
Section 6.
The Employer shall establish a policy regarding "scheduling". The scheduling policy will
address annual leave requests, the posting of holiday assignments and shift preference requests. The
Employer will meet and confer with the Union prior to implementing changes to the scheduling
policy.
IX. ADOPTION BY REFERENCE OF RELEVANT RESOLUTIONS AND PERSONNEL
POLICIES
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, and all other benefits and policies provided for in the Oakland County Merit System,
which incorporates the Oakland County Employee's Handbook, except those excluded by this
agreement, are incorporated herein by reference and made a part hereof to the same extent as if they
10
were specifically set forth.
X. ECONOMIC MATTERS
The Agreement between the parties on economic matters are set forth in the Appendices
attached hereto and are incorporated into this collective bargaining agreement, subject to the terms
and conditions thereof.
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 slowdown or
any violation of any State law. In the event of a work stoppage or other curtailment, the Union shall
immediately instruct the involved employees in writing that their conduct is in violation of the
contract and that such persons shall immediately cease the offending conduct. Individual employees
or groups of employees who do instigate, aid, condone, or engage in a work stoppage, slowdown or
strike or any conduct specified above may be disciplined or discharged in the sole discretion of the
Employer.
The Employer will not lockout any employees of the bargaining unit during the term of this
Agreement.
XH. HOLIDAY LEAVE
Effective December 1, 1999, the provisions of the Oakland County Merit System in the
Oakland County Employee's handbook concerning holidays, holiday pay, premium pay on holidays,
and overtime on holidays, shall not apply to members of the bargaining unit with respect to
President's Day and Veteran's Day.
Effective the first pay period following December 1 of each year, bargaining unit members
11
shall receive three (3) days of holiday leave. Employees hired after December 1 shall receive one
(1) day of holiday leave every four (4) months based on the following schedule:
December 1 - March 31 = 3 days of holiday leave
April 1 - July 31 = 2 days of holiday leave
August 1 - November 30 = 1 day of holiday leave
EXAMPLE: An employee hired on May 1 would receive two (2) days of holiday
leave for that annual period.
Employees separating from County service or leaving the bargaining unit for other reasons
shall be entitled to have their holiday leave, or part thereof, paid off between their date of separation
or leaving the bargaining unit and the prior December 1 based on the following schedule:
December 1 - March 31 = 1 day of holiday leave
April 1 - July 31 = 2 days of holiday leave
August 1 - November 30 = 3 days of holiday leave
EXAMPLE: An employee separating or leaving the bargaining unit February 1 would be
entitled to be paid off for one (1) day of holiday leave for that annual period.
Should an employee have used more holiday leave at the time of separation or leaving the
bargaining unit than they would be entitled in accordance with the above formula's, the employer
will subtract from the employee's annual leave bank the number of days used in excess of those
earned.
Employees separated from county service or leaving the bargaining unit shall be paid for their
unused accumulation of Holiday Leave at the salary rate the employee is being paid on his or her last
12
day of actual work in the bargaining unit. This payment shall be at the employees straight time rate.
Scheduling and use of holiday leave shall be subject to the following restrictions:
(1) Holiday leave shall be used and scheduled in the same manner as annual leave.
(2) Employees may not accumulate holiday leave from one year to the next year.
Employees shall be paid for any unused holiday leave for the period December 1
to November 30 on the first payday following the end of the pay period which
includes November 30. Payment for unused holiday leave shall be at the employee's
straight time rate of pay on November 30.
(3) The one floating holiday which all employees have enjoyed in the past will not be
subject to the above regulations, but will continue to be governed by the provisions
of Merit Rule 26.1.2.
XIII. DURATION
This Agreement shall remain in full force and effect from January 1, 1999, to midnight,
September 30, 2001. 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, 2001, that
it desires to modify the Agreement. In the event that such notice is given, negotiations shall begin
within a reasonable period of time. This Agreement shall remain in full force and be effective
during the period of negotiations and until notice of termination of the 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.
13
TEAMSTERS, STATE, COUNTY AND
MUNICIPAL, WORKERS LOCAL 214
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 for continued application.
OAKLAND COUNTY EXECUTIVE
L. Brooks Patters
County of Oakland, a Michigan
Constit 'o al Corporation
By: 4(4.4)4404 664.../
hn P. McCulloch, Chairperson
14
JAIL HEALTH PROGRAM NURSES
APPENDIX A
A. BI-WEEKLY WAGES - FY 1999
The following bi-weekly salary schedule shall become effective September 26, 1998:
Base 1 Year 2 Year 3 Year 4 year 5 Year
General Staff Nurse 1429.37 1509.20 1588.86 1668.74 1748.45 1828.23
Licensed Practical Nurse 929.47 985.52 1041.77 1097.95 1154.20 1210.46
BI-WEEKLY WAGES - FY 2000
Jail Health Program Nurses 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.
BI-WEEKLY WAGES - FY 2001
Jail Health Program Nurses 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 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.
15
w
B. LAB COATS
Bargaining unit employees will be provided Lab-Coats in a manner similar to that utilized
elsewhere in the Health Division.
16
• w
JAIL HEALTH PROGRAM NURSES
APPENDIX B
For the following fringe benefits, refer to the Oakland County Employee's Handbook:
1. Injury on the Job
2. Holidays
3. Leave of Absence
4. Death Benefits
5. Longevity
6. Medical and Master Medical Coverage
7. Sick Leave
8. Retirement
9. Annual Leave
10. Income Continuation Coverage
11. Dental Coverage
12. Tuition Reimbursement
FY 1999. 2000. 2001 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, 2001 shall be applied at the same
time and in the same manner as applied to the general non-represented employees.
II
Effective with the execution of this agreement, employees required to drive their personal
vehicle on official County business shall receive thirty-two and one half (32.5) cents per mile.
17
• I
Resolution #99102 April 29, 1999
The Vice Chairperson referred the resolution to the Finance Committee.
There were no objections.
C2-.„
FISCAL NOTE (M.R. #99102) May 13, 1999
BY: FINANCE COMMITTEE, SUE ANN DOUGLAS, CHAIRPERSON
IN RE: PERSONNEL DEPARTMENT - 1999-2001 LABOR AGREEMENT FOR EMPLOYEES REPRESENTED
BY TEAMSTERS LOCAL 214 (JAIL CLINIC NURSES)
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) The County of Oakland and Teamsters Local 214 have negotiated a
labor agreement covering approximately 14 Jail Clinic Nurses in the
Health Division.
2) This is a three-year agreement for the period January 1, 1999
through September 30, 2001.
3) The agreement includes a 3.0% salary increase for FY 1999 effective
September 26, 1998, and a "me too" salary adjustment with non-
represented employees for FY 2000 and FY 2001.
4) The effect on FY 1999 is an increase of $35,048 in salaries and an
increase of $11,587 in fringe benefits.
5) There are sufficient funds in the Health Division's budget to cover
the increase; therefore, no budget amendment is required.
6) The agreement also increases the personal mileage rate to $.325
(thirty-two and a half cents) effective with the ratification of
this agreement; no budget amendment is required.
7) The budgets for FY 2000 and FY 2001 will be adjusted by the amount
of wage increase granted by the Board of Commissioners to non-
represented employees.
FINANCE COMMITTEE
FINANCE COMMITTEE VOTE:
Motion carried unanimously o a roll call vote.
• f
Resolution #99102 May 13, 1999
Moved by Law supported by Causey-Mitchell the resolution be adopted.
AYES: Devine, Dingeldey, Douglas, Galloway, Garfield, Gregory, Jensen,
Law, McCulloch, McPherson, Melton, Millard, Moffitt, Obrecht, Palmer, Patterson,
Schmid, Suarez, Taub, Amos, Appel, Causey-Mitchell, Colasanti, Coleman. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
E FOREGnINck, RESOLUTION
7/15
Executive Date
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 May 13, 1999 with the original record
thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand an affixed the seal of the
County of Oakland at Pontiac, Michigan this le.a da of May, 199.
G. William Caddell, County Clerk