HomeMy WebLinkAboutResolutions - 2000.09.21 - 26229September 7, 2000
MISCELLANEOUS RESOLUTION #00224
BY: Personnel Committee, Thomas Law, Chairperson
IN RE: PERSONNEL DEPARTMENT — FISCAL YEAR 2001 —2003 LABOR AGREEMENT FOR
EMPLOYEES REPRESENTED BY THE MICHIGAN ASSOCIATION OF POLICE (MAP)
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland and Michigan Association of Police, have been negotiating a
contract covering approximately seven Medical Examiner Investigators; and
WHEREAS a 3-year agreement has been reached for the period October 1, 2000 through
September 30, 2003, 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 Board of Commissioners approves the proposed
agreement between the County of Oakland and the Michigan Association of Police, covering the period of
October 1, 2000, through September 30, 2003, 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 Moffitt and Buckley absent
COAKL UFO 70R FILING
'TY CLEBtROOKS PATTERSON, OAKLAND COUNTY EXECUTIVE
COUNTY M
DEPARTMENT OF
ICHIGAN
PERSON RD OCT lb P 14: 0 I Judith Eaton, Director
TO:
FROM:
DATE:
SUBJECT:
BY:
DEPUTY C,,.:!} Y CLERK
William Caddell, Clerk/Register
Thomas R. Eaton, Deputy Director of Personnel
October 12, 2000
Michigan Association of Police
Enclosed for your files, please find a copy of the Collective
Bargaining Agreement with the County of Oakland, and the Michigan
Association of Police, representing the Medical Examiner
Investigators. This Bargaining Agreement was passed at the
September 21, 2000 Board of Commissioner's meeting.
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) 975-9742
THE COUNTY OF OAKLAND
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MICHIGAN ASSOCIATION OF POLICE
MEDICAL EXAMINER'S INVESTIGATORS
COLLECTIVE BARGAINING AGREEMENT
2000 - 2003
AGREEMENT
This agreement is made and entered into on this Of day
• A • D 2000, by and between the County of Oakland,
hereinafter referred to as the "Employer", and the Michigan Association
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 the
employees, which will best serve the citizens of Oakland County.
I. RECOGNITION
The Union is recognized as the exclusive representative of the
Medical Examiners Investigators, 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 Medical Examiners Investigators employed by
the Oakland County Medical Examiner 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.
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III. DUES CHECK-OFF
(A) The Employer agrees to deduct the Union 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 Michigan Association of Police/MAP, 24300
Southfield Road, Suite 100, Southfield, MI 48075, 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 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 expiration of the contract.
(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.
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
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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, 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. Suspensions, demotions, and
disciplinary actions other than dismissals shall not be subjects for the
grievance procedure but shall be processed according to the procedures
of the Personnel Appeal Board. Dismissals are to be heard only by an
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arbitrator. The list of rotating arbitrators will be canvassed to obtain
the earliest available date. The arbitrator must complete the hearing
and render a decision within ninety (90) calendar days after termination.
Employer backpay liability, if any, shall be limited to ninety (90)
calendar days unless the Union shall establish that the delay, though
caused by the Employee or Employee's representative was caused by just
and reasonable cause.
Step 1
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.
Step 3
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 Medical Examiner Administrator a meeting of Employee
Relations and Medical Examiner 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 his
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
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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. Elaine Frost
2. Barry Brown
3. Benjamin Wolkinson
4. William Daniel
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
fourth 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
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shall be bound by the express provisions of this Agreement.
Any grievance not appealed from any step 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
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
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appears first on an alphabetical list shall be deemed senior.
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 five 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;
(f) If the employee is on lay-off for a period of time equal to
his/her unit seniority time or three years, whichever is the
lesser.
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 System Handbook.) The Steward and alternate steward
shall be considered to be most senior for the purpose of layoff and
recall.
IX. 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
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of the Union shall not lose time or pay for time spent in such special
conferences.
Section 2
The Employer may, in its sole judgment and discretion, decide to
permit early merit increases ahead of the schedule provided in this
Agreement. Such early merit increases shall be recommended by the
department head and be subject to approval by the Employee Relations
Division of the Personnel Department. Approval of an early merit
increase in one case shall not create a precedent for granting an early
merit increase in any other.
Section 3
Employees will be provided protective clothing of a type deemed
suitable by the Employer. Protective clothing shall consist of boots,
coveralls and a face shield and mask. It shall be the responsibility of
each employee to maintain their protective clothing to a level which will
insure its serviceability.
X. AID TO OTHER UNIONS
The Employer agrees and shall cause its designated agents not to
aid, promote, or finance any other labor group or organization which
purports to engage in collective bargaining or to make any agreement with
any such group or organization for the purpose of undermining the Union.
The Union agrees not to make agreements with any other union for the
purpose of coercing the Employer.
XI. ADOPTION BY REFERENCE OF RELEVANT RESOLUTIONS AND PERSONNEL POLICIES
All Resolutions of the Oakland County Board of Commissioners, as
amended or changed relating to the working conditions and compensation
of the employees covered by this agreement, and all other benefits and
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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 set forth.
XII. 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.
XIII. 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.
XIV. DURATION
This agreement shall remain in full force and effect from
October 1, 2000, to midnight, September 30, 2003. 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,
2003, that it desires to modify the agreement. In the event that such
notice is given, negotiations shall begin within a reasonable period of
time.
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by
. Brooks Paterson
MICHIGAN ASSOCIATION OF POLICE COUNTY OF OAKLAND, a Michigan
Constitutional Corporation
by
JohA\ M lulloch, Chairperson
OAKLAND UN2Y EXECUTIVE
by
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MEDICAL EXAMINER INVESTIGATOR
APPENDIX A
I. BI-WEEKLY WAGES - FY 2001
The following bi-weekly salary schedule shall become effective
beginning the first pay period on or after September 23, 2000:
BASE 1 YEAR 2 YEAR 3 YEAR 4 YEAR 5 YEAR
1249.78 1325.11 1400.64 1476.13 1551.59 1627.01
II. BI-WEEKLY WAGES - FY 2002
Employees of the bargaining unit shall receive the same general
increase as approved by the Oakland County Board of Commissioners to take
effect during fiscal year 2002 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. BI-WEEKLY WAGES - FY 2003
Employees of the bargaining unit shall receive the same general
increase as approved by the Oakland County Board of Commissioners to take
effect during fiscal year 2002 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.
V. CLOTHING AND CLEANING ALLOWANCE
Effective January 1, 2001, members of this bargaining unit will
receive a clothing and cleaning allowance of $300 annually, payable in
installments of $150.00 in June and $150.00 in December.
VI. PROTECTIVE BOOTS
Effective with the execution of this agreement, the Employer agrees
to provide one (1) pair of "Galls" firewalker protective boots to each
Medical Examiner Investigator on a one-time-only basis.
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MEDICAL EXAMINER INVESTIGATORS
APPENDIX B
For the following fringe benefits, refer to the Oakland County
Employee's Handbook:
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
II
Benefits
The Fringe Benefit Plan shall include the following:
(1) Effective 1/1/95, the Flexible Benefit 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) Effective 1/1/95, the Preferred Provider Prescription Drug
Plan in effect for non-represented employees as of 1/1/95,
shall be implemented for employees represented by this
bargaining unit.
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*(3) Effective 1/1/95, the Defined Contribution Retirement 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.
III
All employee benefit modifications implemented on a County-wide
basis to non-represented employees during FY 2001, 2002, 2003 shall also
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 non-represented group.
IV
Mileage
Effective with the execution of this agreement, the General Travel
Regulation's mileage reimbursement rate shall be $.325 (thirty-two and
a half cents).
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MEDICAL EXAMINER INVESTIGATOR
APPENDIX A
I. BI-WEEKLY WAGES - FY 2001
The following bi-weekly salary schedule shall become effective
beginning the first pay period on or after September 23, 2000:
BASE 1 YEAR 2 YEAR 3 YEAR 4 YEAR 5 YEAR
1249.78 1325.11 1400.64 1476.13 1551.59 1627.01
II. BI-WEEKLY WAGES - FY 2002
Employees of the bargaining unit shall receive the same general
increase as approved by the Oakland County Board of Commissioners to take
effect during fiscal year 2002 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. BI-WEEKLY WAGES - FY 2003
Employees of the bargaining unit shall receive the same general
increase as approved by the Oakland County Board of Commissioners to take
effect during fiscal year 2002 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.
V. CLOTHING AND CLEANING ALLOWANCE
Effective January 1, 2001, members of this bargaining unit will
receive a clothing and cleaning allowance of $300 annually, payable in
installments of $150.00 in June and $150.00 in December.
VI. PROTECTIVE BOOTS
Effective with the execution of this agreement, the Employer agrees
to provide one (1) pair of "Galls" firewalker protective boots to each
Medical Examiner Investigator on a one-time-only basis.
FISCAL NOTE (M.R. #00224) September 21, 2000
BY: FINANCE COMMITTEE, SUE ANN DOUGLAS, CHAIRPERSON
IN RE: PERSONNEL DEPARTMENT - FISCAL YEAR 2001-2003 LABOR AGREEMENT FOR
EMPLOYEES REPRESENTED BY THE MICHIGAN ASSOCIATION OF POLICE (MAP)
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 Michigan Association of Police (MAP) is recognized as
the exclusive representative of the Medical Examiners
Investigators for the purpose of collective bargaining with
respect to rates of pay, wages, hours of employment and
other terms and conditions of employment.
2. Oakland County and the Michigan Association of Police have
negotiated a collective bargaining agreement covering
approximately seven positions for the period of October 1,
2000 through September 30,2003.
3. The contract includes a 4% salary increase for FY 2001,
effective with the pay period beginning September 23, 2000,
for all Medical Examiner Investigators effected by the
bargaining unit.
4. The annual cost to the County for this wage increase is
approximately $11,391 in salaries and $5,126 in fringe
benefits. No budget amendment is necessary, as the wage
increase is included in the Finance Committee's FY 2001 and
FY 2002 Recommended Budget.
5. Employees of the bargaining unit will receive the same
general increase as approved by the Oakland County Board of
Commissioners for FY 2002 and FY 2003.
6. All benefit modifications effective during FY 2001 for non-
represented employees are included in the agreement for the
Medical Examiner Investigator positions represented by this
bargaining unit.
7. The contract also includes for each member of the
bargaining unit to receive: an allowance of $300 annually
for clothing and cleaning, one (1) pair of protective boots
on a one-time-only basis, mileage reimbursement rate of
$.325 per mile. No budget amendment is necessary, as the
operating amount is sufficiently funded in the Finance
Committee's FY 2001 and FY 2002 Recommended Budget.
FINANCE COMMITTEE
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Jensen and Millard
absent.
!I HEREBY
L. Brooks Pagerson, County Executive RE
HE FOREGOING RESOLUTr"'
22,
Date
Resolution #00224 September 21, 2000
Moved by Law supported by Melton the resolution be adopted.
AYES: McCulloch, McPherson, Melton, Millard, Moffitt, Obrecht, Palmer,
Patterson, Sever, Suarez, Taub, Amos, Appel, Causey-Mitchell, Colasanti,
Coleman, Dingeldey, Douglas, Galloway, Garfield, Gregory, Law. (22)
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 September 21, 2000 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 ;4st d4e'of September, 2000.
G. William Caddell, County Clerk