HomeMy WebLinkAboutResolutions - 2002.11.21 - 26939October 24, 2002
MISCELLANEOUS RESOLUTION #02266
BY: Personnel Committee, Nancy Dingeldey, Chairperson
IN RE:PERSONNEL DEPARTMENT - FISCAL YEAR 2003 EXTENSION OF LABOR AGREEMENT FOR
EMPLOYEES REPRESENTED BY THE AMERICAN FEDERATION OF STATE, COUNTY, AND
MUNICIPAL EMPLOYEES (AFSCME)COUNCIL 25, LOCAL 2437
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland and AFSCME Local 2437, have agreed to
extend the provisions of the current collective bargaining agreement covering
approximately 150 employees of Probate Court and Circuit Court/Family Court;
and
WHEREAS the County of Oakland and AFSCME Local 2437 further agree that
the existing agreement be separated into two agreements; one covering the
employees of Probate Court and the other covering the employees who had been
employees of Probate Court and represented by the bargaining unit prior to
their transfer to Circuit Court/Family Court; and
WHEREAS these agreements provide for a 1.5% increase effective September
21, 2002, and a 1.5% increase effective March 23, 2003, unless a greater
increase is approved for the general, non-represented County employees; and
WHEREAS these agreements provide that employees represented by the
bargaining unit receive the same benefit modifications as the general non-
represented County employees during fiscal year 2003; and
WHEREAS a 1 year extension of the current agreements have been reached
for the period October 1, 2002, through September 30, 2003, and said
agreements have been reduced to writing; and
WHEREAS these agreements have 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 agreements between the County of Oakland and AFSCME Local 2437,
covering the period of October 1, 2002, through September 30, 2003, and that
the Board Chairperson, on behalf of the County of Oakland, is authorized to
execute said agreements 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 Amos and Buckley absent
Summary of
Oakland County's Offer to
Employees Represented by
American Federation of State, County
And Municipal Employees (AFSCME)
Local 2437
9/02
Duration 1 year extension
All provisions of current agreement shall
remain in effect with the exception of the changes
specified below:
Wages,
FY 2003 Employees represented by this bargaining unit shall
receive a 1.5% increase effective with the pay period
beginning September 21, 2003, and a 1.5% increase
with the pay period beginning March 22, 2003.
Should the general, non-represented employees receive
a greater wage increase for fiscal year 2003, that increase
shall supersede the agreed to augmentation in this
agreement and be applied at the same time and in the
same manner as to the general, non-represented group.
Benefits
Any benefit modifications implemented on a countywide basis to
general, non-represented employees to take effect during fiscal
year 2003 shall be applied to employees represented by this
bargaining unit at the same time and in the same manner. (This
would include retirement incentives and/or "early out" provisions.)
Contractual — Non Economic
To complete the process set in motion by the letter of
understanding dated September 23, 2000, two identical agreements
shall be created; one covering the employees of Probate Court; and
one covering the employees of the Family Division of Circuit
Court who were represented previously by the bargaining unit and
were transferred as part of the administrative merger.
OAKLAND COUNTY CIRCUIT COURT/FAMILY COURT
AND
THE AMERICAN FEDERATION OF STATE, COUNTY
AND MUNICIPAL EMPLOYEES, AFL-CIO COUNCIL 25
COLLECTIVE BARGAINING AGREEMENT
2002 - 2003
AGREEMENT
Agreement entered into this,..,/,,af day of /eV ,..16 1.,Zby and between
Oakland County Probate Court (hereinafter referred to as the "Employer") and Council 25 and its affiliated
Local Union, No. 2437, AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL
EMPLOYEES, AFL-CIO, (hereinafter jointly referred to as the "Union" and individually referred to as the
Local Union Number).
I. RECOGNITION
The Employer recognizes the Union as the exclusive representative of the employees of the Oakland
County Probate Court for the purposes of collective bargaining with respect to rates of pay, wages, hours of
employment and other terms and conditions 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 and Act 379 of the Public Acts of 1965.
All employees of the Oakland County Probate Court who were previously represented by the bargaining
Unit and who have been transferred to the Family Division of the Circuit Court in the Administrative Merger.
PURPOSE AND INTENT
The general purpose of the Agreement is to set forth certain terms and conditions
of employment, and to promote orderly and peaceful labor relations for the mutual interest of the Employer, its
employees and the Union.
The parties recognize that the interest of the community and the job security of the employees depend
upon the Employer's success in establishing, and the Union's success in rendering proper services to the public.
To these ends, the Employer and the Union encourage to the fullest degree friendly and cooperative
relations at all levels and among all employees.
2
The parties recognize that the Employer is legally and morally obligated to guarantee to all citizens a
fair and equal opportunity for employment, and to these ends agree that no person shall be denied employment
or membership in the Union, nor in any way be discriminated against because of sex, age, race, color, creed,
national origin, political or religious beliefs.
III. MANAGEMENT RIGHTS
The rights 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
shall not be discriminated against as such. In addition, the work schedules, methods and means of department
operations are solely and exclusively the responsibility of the Employer, subject, however, to the provisions of
this Agreement.
IV. ADOPTION BY REFERENCE OF RELEVANT PERSONNEL POLICIES
All benefits and policies provided for in the Oakland County Merit System, which
incorporates the Oakland County Merit System Rule Book, as amended or changed from time to time by
resolution of the Oakland County Board of Commissioners, are incorporated herein by reference and made a
part hereof to the same extent as if they were specifically set forth, except to the extent that any such benefits
and policies are inconsistent with this Agreement.
V. AID TO OTHER UNIONS
Section 1.
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 organization or group for the purpose of undermining the Union.
3
Section 2.
The Union agrees not to make agreements with any other union for the purpose of coercing the
Employer.
VI. 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, 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.
However, an employee shall continue to be subject to check-off deductions which are authorized when the
employee may be transferred from this bargaining unit to another bargaining unit represented by Local 2437,
Council 25, American Federation of State, County and Municipal Employees.
(c) Any employee may voluntarily cancel or revoke the Authorization for
Check-Off deduction upon written notice to the Employer and the Union. Such Voluntary withdrawal from
payroll deduction of Union Dues may only occur during the period December 16 through December 31 of any
calendar year.
(d) 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.
4
VII. 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, sit down, 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 both verbally and in writing, with copies to the employer, that
their conduct is in violation of the contract and that all such persons shall immediately cease the offending
conduct.
The Employer will not lockout any employees of the bargaining unit during the term of this Agreement.
VIII. BASIS OF REPRESENTATION
Section 1.
There shall be one steward and an alternate steward who must come from the unit they represent.
Stewards will be released from their work, after obtaining approval of their respective supervisors and
recording their time, for the purpose of adjusting grievances in accordance with the grievance procedures and
for reporting to the grievant a change in status of his/her grievance. Approval for stewards to leave their work
stations will not be unreasonably withheld. Stewards will report their time to their supervisor upon returning
from a grievance discussion.
The privilege of stewards to leave their 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.
There shall also be one Chief Steward and one alternate Chief Steward.
5
Section 3.
There shall be a Grievance Committee consisting of three (3) members of the represented group,
certified in writing to the Employer. Either the Local President or Chief Steward, or both, upon sufficient
notice to the Employer, may substitute for a member or members of the Grievance Committee.
The Employer shall meet whenever necessary, at a mutually convenient time, with the union grievance
committee. The purpose of grievance committee meetings will be to adjust pending grievances, and to discuss
procedures for avoiding future grievances. In addition, the committee may discuss with the Employer other
issues which would improve the relationship between the parties.
Section 4. — Bargaining Committee
The number on the Union Bargaining Committee will be limited to three (3). It is agreed that members
of the Bargaining Committee shall be compensated for sixty (60) hours of collective bargaining time, including
caucus time of either party, such compensation to begin when the parties commence negotiating for
modification of this agreement pursuant to part XIX. Any time spent on collective bargaining beyond the sixty
(60) hours will be on the employee's own time and during normal court hours. Collective bargaining begins
when Management (the employer) is at the table.
IX. 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 a problem or
grievance to the attention of his/her immediate supervisor, with or without the steward, and an attempt will be
made to resolve the grievance informally. In the event the steward is called, the employee shall be released
from his/her job duties as soon as possible, and in any event, no later than the beginning of the employee's shift
the next day. The supervisor, the employee and the steward shall meet simultaneously in an attempt to resolve
6
the matter. Dismissals, suspensions, demotions and disciplinary actions of any type shall be subjects for the
grievance procedure and shall not be matters for the Personnel Appeal Board.
Step 1
If the grievance is not settled informally between the employee and his/her immediate supervisor, the
employee shall have the right to discuss the grievance with his/her steward. If, in the steward's opinion, proper
cause for the complaint exists, the Union shall have the right to submit a written grievance on the complaint to
the immediate supervisor within ten (10) days (excluding Saturday, Sunday and holidays). The written
grievance must be signed by the employee and his/her steward and receipt acknowledged by the employee's
immediate supervisor.
Step 2
The Employer will give its written reply within ten (10) days (excluding Saturday, Sunday and holidays)
of receipt of the written grievance.
Step 3
A grievance not settled at Step 2 may be submitted to the Grievance Committee within five days
(excluding Saturday, Sunday and holidays) of the date of the receipt of the written reply. Any grievance not
submitted to the Grievance Committee by written notification to the Employer within five days shall be
considered dropped. A meeting on the grievance shall be held by the Grievance Committee within ten (10)
days (excluding Saturday, Sunday and holidays) unless the time is extended by mutual agreement of both
parties.
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
7
party within fifteen (15) days (excluding Saturday, Sunday and holidays) after the Grievance Committee
meeting. Expenses for arbitration shall be borne equally by both parties.
An arbitrator will be utilized from a rotating list agreed to by the parties. The arbitrator shall have no
power or authority to add to, subtract from, alter or modify the terms of this agreement, or set a wage rate.
Section 2.
The time limits specified hereinafter for movement of grievance through the process shall be strictly
adhered to. In the event that a grievance is not appealed within the particular specified time limit, it shall be
deemed to be settled on the basis of the Employer's last answer. In the event that the Employer 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.
Section 3.
All specified time limits herein shall consist only of Probate Court work days Monday through Friday.
Section 4.
Each grievance shall have to be initiated within ten (10) days (excluding Saturday, Sunday and holidays)
of each occurrence of the cause of complaint or, if neither the aggrieved nor the Union had knowledge of said
occurrence at the time of its happening, then within ten (10) days (excluding Saturday, Sunday and holidays)
after the Union or the aggrieved becomes aware of the cause for complaint.
X. BULLETIN BOARD
The employer shall assign appropriate space on bulletin boards 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:
8
(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 vulgar, obscene, political or libelous in
nature.
Xl. SENIORITY
New employees may acquire seniority by working six (6) continuous months, in
which event the employee's seniority will date back to date of hire into the Court, excluding time worked
outside the Court with the exception noted below. When the employee acquires seniority, their name shall be
placed on the seniority list, in the order of their seniority date.
Exception. For employees hired or transferred to the Court prior to 111/90, seniority for purposes of
establishing layoff priority shall include the total time period in which the employee performed work within
Probate Court, Children's Village, and Camp Oakland prior to 1/1/90. This combined seniority can be utilized
during the period of any layoff as described in Article XII (a).
An up-to-date seniority list shall be furnished to the Union every six (6) months.
An employee shall lose their 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 (3) consecutive 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;
9
(e) If the employee does not return to work when recalled from a layoff except that, an employee
shall not lose seniority if within three (3) days of receipt of notice of recall to work, he or she
gives a written notice to the Employer of their intent to return to work within five (5) days of the
receipt of such notice and does return within the five (5) day period. Consideration may be given
by the Employer of reasons given by the employee who has given notice but fails to return
within the five (5) day period.
XII. LAYOFF, RECALL, AND TRANSFERS
(a) 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 reverse order of their seniority, based on capability
of performing available jobs and shall be recalled in the order of their seniority.
(b) The Court agrees to notify the Union and its Council 25 when the employer's decision is made of
any anticipated layoff. Such notification will occur within ten (10) working days of reaching the
layoff decision.
(c) Right to recall shall be limited to the length of the employee's service, with a minimum of six (6)
months and a maximum of three (3) years.
(d) If and when an employer is permanently transferred to another division in or out of the
bargaining unit, the President or Chief Steward shall be notified of said transfer by the Employer.
If the employee is thereafter transferred back to the bargaining unit they shall have as their
seniority date the seniority date they had at the time of the transfer.
XIII. TEMPORARY CHANGE OF RATE
In the cases in which an employee's temporary assignment includes taking over
the ultimate responsibility inherent in a higher level job and which the temporary assignment is for more than
five (5) consecutive working days, the base salary rate for the classification assigned will be paid during the
10
period the employee is required to work in the higher class, payment to be retroactive to the day in which the
temporary assignment began. In the event the base rate of the higher class is lower than the employee's regular
rate the employee will be paid the next higher step over their regular rate. A Temporary Change of Rate will
not be paid when an employee is substituting for an employee on Sick Leave until the substitution has been for
thirty (30) consecutive working days.
XIV. PROMOTIONS
(a) All promotions within the bargaining unit shall be made on a basis of
a competitive examination as provided for in the Oakland County Merit System. The employer will make
his/her selection for promotion from the five highest-ranking candidates who have passed the promotional
examination.
(b) Notices of promotional opportunity within the Oakland County Merit
System will be sent to the local Union President or his/her designee for posting on the Union bulletin board.
XV. GENERAL CONDITIONS
Section 1.
The Union shall be notified in advance of anticipated permanent major changes in working conditions
and discussion shall be held thereon.
Section 2.
The re-employment rights of employees and probationary employees who are veterans will be limited by
applicable laws and regulations.
Section 3.
Employees elected to any permanent full-time union office or selected by the Union to do work which
takes them from their employment with the Probate Court, shall at the written request of the Union be granted a
11
leave of absence without pay. The leave of absence shall not exceed two (2) years, but it may be renewed or
extended for a similar period at any time upon the written request of the Union.
Any employee on approved Union leave of absence will continue to accumulate Union seniority while
on leave but will not receive credit toward "Length of County Service" for fringe benefit purposes under Rule
22, Oakland County Merit Systems.
Section 4.
When any position not listed on the wage schedule is established, the Employer may designate a job
classification and rate structure for the position. In the event the Union does not agree that the classification
rate or structure are proper, the Union shall have the right to submit the issues as a grievance through the
grievance procedure within a sixty (60) day period from the date of the Court's written notification to the
President of Local 2437 that the position has been established.
Section 5.
In the event that any other represented unit other than a unit containing employees eligible for Act 312
Police/Fire Compulsory Arbitration, 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.
Section 6.
Special conferences will be arranged between the Local President and the Employer upon the request of
either party. Unless otherwise agreed, such meetings shall be between at least two (2) representatives of the
Employer and no more than three (3) representatives of the Union. Unless otherwise agreed, arrangements for
such special conferences shall be made at least (24) hours in advance, and the conference shall be held within
ten (10) working days after the request is made. An agenda of the matters to be taken up at the meeting, together
with the names of the conferees representing the requesting party, 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. Such
12
conferences shall be held during regular working hours. Members of the Union shall not lose time or pay for
time spent in such special conferences and no additional compensation will be paid for such employees for time
spent in such conferences beyond regular working hours.
A representative of Council 25 or a representative of the International Union may attend the special
conference.
Section 7.
If a medical divergence of opinion occurs between the employee's doctor and Management's doctor
with respect to whether the employee is able to return to work from a non-work related illness or injury, the
parties may, by mutual agreement, refer the employee to a clinic or physician mutually agreed upon for a
decision as to whether or not he or she is able to return to work.
The expense of any mutually agreed examination, in accordance with the above provision, shall be paid
one-half by the employee and one-half be the Employer. Employees shall be eligible to request utilization of
this provision only upon posting an amount with the Employer sufficient to cover his or her portion of the
anticipated expenses, or signing a waiver to provide withholding of said amount from any future earnings or
other payments owed to the employee by the Employer.
If either of the parties disagree on the necessity of the third opinion, the disagreeing party will provide a
letter of explanation to the party for purposes of communication.
Section 8.
Any employee required to work overtime which is not contiguous to the employee's regular work
schedule shall be entitled to a minimum of (2) hours work or pay for weekdays and three (3) hours work or pay
for weekends or holidays at the time-and-one-half rate. (Weekdays are defined as the first five (5) days of work
which are part of an employee's regular work schedule.)
13
Section 9.
The union president shall be eligible for one (1) hour of release time per day for union business. Such
release time shall be granted providing the employee's normal work load is maintained. Release time for the
union president shall not exceed ten (10) hours within any pay period.
Section 10.
All supplemental agreements shall be subject to the approval of the Employer and the Council and/or
International Union. They shall be approved or rejected within a period of forty-five (45) days following the
date of the agreement between the parties.
XVI. MAINTENANCE OF CONDITIONS
Wages, hours and conditions of employment in effect at the execution of this
agreement shall, except as improved herein, be maintained during the term of this agreement. No employee
shall suffer a reduction in such benefits as a consequence of the execution of this agreement except that some
benefits may be increased or decreased in the process of negotiations between the parties and made a part of the
final agreement.
XVII. ECONOMIC MATTERS
Wages and Fringe Benefits are attached hereto as Appendix A and Appendix B.
XVIII. RESOLUTION OF ALL MATTERS
The provisions of this labor agreement include resolution of all matters
which remained at the time of settlement as issues of negotiations and upon which settlement was reached.
14
XIX. DURATION
This agreement shall remain in full force and effect until midnight, September 30, 2003. 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 sixty (60) 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 ten -ninate 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 rema'm within the jurisdiction of the
Oakland County Probate Court.
The Union recognizes the right and duty of the Probate Court to operate and manage its jurisdiction of
the Oakland County Probate Court.
15
)U-6 rtLe.__
Joa 2,Ing
ircuit Co dge
The Union recognizes the right and duty of the Probate Court to operate and manage its affairs in
accordance with the State of Michigan Constitutional provisions and statutes and such Constitutional provisions
and statutes shall take precedence over any conflicting provisions which might be contained in this Agreement.
If any article or section of this agreement or any appendix or supplement thereto should be held invalid by any
Constitutional provision, operation of law or by any tribunal of competent jurisdiction, or if compliance with or
enforcement of any article or section should be restrained by such tribunal, the remainder of this Agreement
shall not be affected thereby.
COUNTY AND MUNICIPAL EMPLOYEES
METROPOLITAN COUNCIL NO. 25
AFL-CIO, LOCAL 2437
OAKLAND COUNTY
CIRCUIT COURT
OAKLAND COUNTY
BOARD OF COMMISSIONERS
Thomas A. Law, Chairperson
16
CIRCUIT COURT/FAMILY COURT
APPENDIX A
BI-WEEKLY SALARIES - FY 2003
The following merit bi-weekly salary schedule shall prevail for the pay
period beginning September 21, 2002:
Classification Base 1 year 2 year 3 year 4 year 5 year 6 Year
Account Clerk I 983.84 1043.29 1102.82 1162.36 1221.89 1281.51
Account Clerk II 994.06 1054.21 1114.35 1174.38 1234.60 1294.59
Clerk 797.46 847.55 900.81 954.26 1007.61 1061.05 1114.24
Court Service Officer I 994.06 1054.21 1114.35 1174.38 1234.60 1294.59
Court Service Officer Il 1092.81 1158.75 1224.86 1290.83 1356.93 1422.91
Deputy Probate Reg. I 1036.04 1098.62 1161.35 1223.99 1286.60 1349.33
Deputy Probate Reg. II 1091.31 1157.33 1223.36 1289.26 135537 1421.23
General Clerical 800.09
Office Assistant I 896.40 951.71 1007.08 1062.42 1117.92 1173.32
Office Assistant II 983.84 1043.29 1102.82 1162.36 1221.89 1281.51
Probate Court Report I 1356.91 1438.70 1520.85 1602.70 1684.83 1766.56
Probate Court Report II 1491.87 1581.93 1671.86 1762.12 1852.12 1942.01
Secretary I 1036.04 1098.62 1161.35 1223.99 1286.60 1349.33
Youth & Fam Casewkr I 1400.49 1484.87 1569.52 1653.94 1738.41 1823.06
Youth & Fam Casewkr II 1539.59 1632.49 1725.27 1818.34 1911.21 2004.19
Youth Asst Casework I 1400.49 1484.87 1569.52 1653.94 1738.41 1823.06
Youth Asst Casework II 1539.59 1632.49 1725.27 1818.34 1911.21 2004.19
CIRCUIT COURT/FAMILY COURT
APPENDIX A
BI-WEEKLY SALARIES - FY 2003
The following merit bi-weekly salary schedule shall prevail for the pay
period beginning March 23, 2003:
Classification
Account Clerk I
Account Clerk II
Clerk
Court Service Officer I
Court Service Officer II
Deputy Probate Reg. I
Deputy Probate Reg. II
General Clerical
Office Assistant I
Office Assistant II
Probate Court Report I
Probate Court Report II
Secretary I
Base 1 year 2 year 3 year 4 year 5 year 6 Year
998.60 1058.94 1119.36 1179.79 1240.21 1300.73
1107.68 1174.69 1241.71 1308.59 1375.70 1442.55
809.42 860.26 914.32 968.57 1022.72 1076.97 1130.95
1107.68 1174.69 1241.71 1308.59 1375.70 1442.55
1217.71 1291.18 1364.84 1438.36 1512.02 1585.54
1051.58 1115.09 1178.78 1242.35 1305.90 1369.57
1107.68 1174.69 1241.71 1308.59 1375.70 1442.55
812.09
909.84 965.99 1022.19 1078.35 1134.69 1190.92
998.60 1058.94 1119.36 1179.79 1240.21 1300.73
1377.26 1460.28 1543.66 1626.74 1710.10 1793.06
1514.25 1605.66 1696.94 1788.55 1879.90 1971.14
1051.58 1115.09 1178.78 1242.35 1305.90 1369.57
Youth & Fam Casewkr I 1421.50 1507.14 1593.06 1678.75 1764.49 1850.41
Youth & Fam Casewkr II 1562.68 1656.98 1751.15 1845.62 1939.88 2034.25
Youth Asst Casework I 1421.50 1507.14 1593.06 1678.75 1764.49 1850.41
Youth Asst Casework II 1562.68 1656.98 1751.15 1845.62 1939.88 2034.25
PROBATE COURT EMPLOYEES
APPENDIX B
For the following fringe benefits, refer to the Oakland County Merit System RuleBook:
I. Injury on the Job
2. Holidays
3. Leave of Absence
4. Death Benefits
5. Longevity
6. Master Medical Coverage
7. Sick Leave
8. Retirement
9. Annual Leave
10. Income Continuation Coverage
1 1 . Dental Coverage
12. Tuition Reimbursement
The fringe benefits modified in previous collective bargaining agreements shall continue in effect as
modified and described in the Oakland County Merit System RuleBook.
19
II
(a) Employees required to drive their personal vehicle on official Probate Court business shall receive
thirty two and a half (36.5) cents per mile.
(b) Any previous practice of paying mileage on a "home to home" basis for employees working
overtime is eliminated.
(c) In the event there is a Federal Tax placed on gasoline for the purpose of energy conservation, the
employer agrees to discuss the matter with the Union.
III
Employees working less than 1,000 hours in a calendar year shall not be eligible for fringe benefits or
Merit System Status and shall be considered "Part-time Non-eligible" employees. Part-time eligible employees
represented by Local 2437 as of January 1, 1985 who remain continually employed shall not be affected by this
Section as long as their employment continues to be for more than 520 hours annually.
IV
The following positions shall be considered permissible equivalents:
(1) Clerk and Office Assistant I and Office Assistant II
(2) Youth & Family Counselor I & Youth & Family Counselor II
(3) Youth Assistant Caseworker I & Youth Assistant Caseworker II
(4) Court Service Officer I and Court Service Officer II
(5) Deputy Probate Caseworker I & Deputy Probate Caseworker II
(6) Probate Court Reporter I and Probate Court Reporter II
No vacancy must exist at the "II" level for the employer to promote an employee
who has completed the top of the "I" salary range and who the employer has determined is satisfactorily
performing the job.
20
V
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.
Effective 1/1/95 the Preferred Provider Prescription 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.
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.
FRINGE BENEFITS- 2003
All employee benefit modifications implemented on a countywide basis to general non-represented
employees to take effect during Fiscal Year 2003 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.
21
22
CIRCUIT COURT/FAMILY COURT
APPENDIX A
BI-WEEKLY SALARIES - FY 2003
The following merit bi-weekly salary schedule shall prevail for the pay
period beginning September 21, 2002:
Classification
Account Clerk I
Account Clerk II
Clerk
Court Service Officer I
Court Service Officer II
Deputy Probate Reg. I
Deputy Probate Reg. II
General Clerical
Office Assistant I
Office Assistant II
Probate Court Reporter I
Probate Court Reporter II
Secretary I
Youth & Fam Casewkr I
Youth & Fam Casewlcr II
Youth Asst Casework I
Youth Asst Casework II
Base 1 year 2 year ly_ear ly_e_al 5 year 6 Year
983.84 1043.29 1102.82 1162.36 1221.89 1281.51
994.06 1054.21 1114.35 1174.38 1234.60 1294.59
809.42 860.26 914.32 968.57 1022.72 1076.97 1130.95
994.06 1054.21 1114.35 1174.38 1234.60 1294.59
1092.81 1158.75 1224.86 1290.83 1356.93 1422.91
1036.04 1098.62 1161.35 1223.99 1286.60 1349.33
1091.31 1157.33 1223.36 1289.26 135537 1421.23
800.09
896.40 951.71 1007.08 1062.42 1117.92 1173.32
983.84 1043.29 1102.82 1162.36 1221.89 1281.51
1356.91 1438.70 1520.85 1602.70 1684.83 1766.56
1491.87 1581.93 1671.86 1762.12 1852.12 1942.01
1036.04 1098.62 1161.35 1223.99 1286.60 1349.33
1421.50 1507.14 1593.06 1678.75 1764.49 1850.40
1562.68 1656.98 1751.15 1845.62 1939.88 2034.25
1421.50 1507.14 1593.06 1678.75 1764.49 1850.40
1562.68 1656.98 1751.15 1845.62 1939.88 2034.25
CIRCUIT COURT/FAMILY COURT
APPENDIX A
BI-WEEKLY SALARIES - FY 2003
The following merit bi-weekly salary schedule shall prevail for the pay
period beginning March 22, 2003:
Classification Base 1 year 2 year 1,ysm: lam 5 year 6 Year
Account Clerk I 998.60 1058.94 1119.36 1179.79 1240.21 1300.73
Account Clerk II 1107.68 1174.69 1241.71 1308.59 1375.70 1442.55
Clerk 821.56 873.16 928.03 983.10 1038.06 1093.12 1147.91
Court Service Officer 1107.68 1174.69 1241.71 1308.59 1375.70 1442.55
Court Service Officer II 1217.71 1291.18 1364.84 1438.36 1512.02 1585.54
Deputy Probate Reg. I 1051.58 1115.09 1178.78 1242.35 1305.90 1369.57
Deputy Probate Reg. II 1107.68 1174.69 1241.71 1308.59 1375.70 1442.55
General Clerical 812.09
Office Assistant I 909.84 965.99 1022.19 1078.35 1134.69 1190.92
Office Assistant II • 998.60 1058.94 1119.36 1179.79 1240.21 1300.73
Probate Court Report I 1377.26 1460.28 1543.66 1626.74 1710.10 1793.06
Probate Court Report II 1514.25 1605.66 1696.94 1788.55 1879.90 1971.14
Secretary! 1051.58 1115.09 1178.78 1242.35 1305.90 1369.57
Youth & Fam Casewker I 1442.82 1529.75 1616.96 1703.93 1790.96 1878.16
Youth & Fam Casewlcr II 1586.12 1681.83 1777.42 1873.30 1968.98 2064.76
Youth Asst Caseworker I 1442.82 1529.75 1616.96 1703.93 1790.96 1878.16
Youth Asst Caseworker II 1586.12 1681.83 1777.42 1873.30 1968.98 2064.76
PROBATE COURT EMPLOYEES
APPENDIX B
For the following fringe benefits, refer to the Oakland County Merit System Rule Book:
1. Injury on the Job
2. Holidays
3. Leave of Absence .
4. Death Benefits
5. Longevity
6. Master Medical Coverage
7. Sick Leave
8. Retirement
9. Annual Leave
10. Income Continuation Coverage
11. Dental Coverage
12. Tuition Reimbursement
The fringe benefits modified in previous collective bargaining agreements shall continue in effect as
modified and described in the Oakland County Merit System RuleBook.
19
II
(a) Employees required to drive their personal vehicle on official Probate Court business shall receive
thirty six and a half (36.5) cents per mile.
(b) Any previous practice of paying mileage on a "home to home" basis for employees working
overtime is eliminated.
(c) In the event there is a Federal Tax placed on gasoline for the purpose of energy conservation, the
employer agrees to discuss the matter with the Union.
III
Employees working less than 1,000 hours in a calendar year shall not be eligible for fringe benefits or
Merit System Status and shall be considered "Part-time Non-eligible" employees. Part-time eligible employees
represented by Local 2437 as of January 1, 1985 who remain continually employed shall not be affected by this
Section as long as their employment continues to be for more than 520 hours annually.
IV
The following positions shall be considered permissible equivalents:
(1) Clerk and Office Assistant I and Office Assistant II
(2) Youth & Family Counselor I and Youth & Family Counselor II
(3) Youth Assistant Caseworker I and Youth Assistant Caseworker II
(4) Court Service Officer I and Court Service Officer II
(5) Deputy Probate Register I and Deputy Probate Register II
(6) Probate Court Reporter I and Probate Court Reporter II
No vacancy must exist at the "II" level for the employer to promote an employee
who has completed the top of the "I" salary range and who the employer has determined is satisfactorily
performing the job.
20
V
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.
Effective 1/1/95 the Preferred Provider Prescription 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.
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.
FRINGE BENEFITS- 2003
All employee benefit modifications implemented on a countywide basis to general non-represented
employees to take effect during Fiscal Year 2003 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.
21
OAKLAND COUNTY PROBATE COURT
AND
THE AMERICAN FEDERATION OF STATE, COUNTY
AND MUNICIPAL EMPLOYEES, AFL-CIO COUNCIL 25
COLLECTIVE BARGAINING AGREEMENT
2002 - 2003
AGREEMENT
Agreement entered into this'-kt- day of A,b/ ,)-;&by and between Oakland County Probate
Court (hereinafter referred to as the "Employer") and Council 25 and its affiliated Local Union, No. 2437,
AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO,
(hereinafter jointly referred to as the "Union" and individually refened to as the Local Union Number).
I. RECOGNITION
The Employer recognizes the Union as the exclusive representative of the employees of the Oakland
County Probate Court for the purposes of collective bargaining with respect to rates of pay, wages, hours of
employment and other terms and conditions 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 and Act 379 of the Public Acts of 1965.
All employees of the Oakland County Probate Court excluding confidential employees, professional
employees, executives and supervisors.
PURPOSE AND INTENT
The general purpose of the Agreement is to set forth certain terms and conditions
of employment, and to promote orderly and peaceful labor relations for the mutual interest of the Employer, its
employees and the Union.
The parties recognize that the interest of the community and the job security of the employees depend
upon the Employer's success in establishing, and the Union's success in rendering proper services to the public.
To these ends, the Employer and the Union encourage to the fullest degree friendly and cooperative
relations at all levels and among all employees.
The parties recognize that the Employer is legally and morally obligated to guarantee to all citizens a
fair and equal opportunity for employment, and to these ends agree that no person shall be denied employment
2
or membership in the Union, nor in any way be discriminated against because of sex, age, race, color, creed,
national origin, political or religious beliefs.
III. MANAGEMENT RIGHTS
The rights 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
shall not be discriminated against as such. In addition, the work schedules, methods and means of department
operations are solely and exclusively the responsibility of the Employer, subject, however, to the provisions of
this Agreement.
IV. ADOPTION BY REFERENCE OF RELEVANT PERSONNEL POLICIES
All benefits and policies provided for in the Oakland County Merit System, which
incorporates the Oakland County Merit System Rule Book, as amended or changed from time to time by
resolution of the Oakland County Board of Commissioners, are incorporated herein by reference and made a
part hereof to the same extent as if they were specifically set forth, except to the extent that any such benefits
and policies are inconsistent with this Agreement.
V. AID TO OTHER UNIONS
Section I.
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 organization or group for the purpose of undermining the Union.
3
Section 2.
The Union agrees not to make agreements with any other union for the purpose of coercing the
Employer.
VI. 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, 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.
However, an employee shall continue to be subject to check-off deductions which are authorized when the
employee may be transferred from this bargaining unit to another bargaining unit represented by Local 2437,
Council 25, American Federation of State, County and Municipal Employees.
(c) Any employee may voluntarily cancel or revoke the Authorization for
Check-Off deduction upon written notice to the Employer and the Union. Such Voluntary withdrawal from
payroll deduction of Union Dues may only occur during the period December 16 through December 31 of any
calendar year.
(d) 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.
4
VII. 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, sit down, 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 both verbally and in writing, with copies to the employer, that
their conduct is in violation of the contract and that all such persons shall immediately cease the offending
conduct.
The Employer will not lockout any employees of the bargaining unit during the term of this Agreement.
VIII. BASIS OF REPRESENTATION
Section 1.
There shall be one steward and an alternate steward who must come from the unit they represent.
Stewards will be released from their work, after obtaining approval of their respective supervisors and
recording their time, for the purpose of adjusting grievances in accordance with the grievance procedures and
for reporting to the grievant a change in status of his/her grievance. Approval for stewards to leave their work
stations will not be unreasonably withheld. Stewards will report their time to their supervisor upon returning
from a grievance discussion.
The privilege of stewards to leave their 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.
5
Section 2.
There shall also be one Chief Steward and one alternate Chief Steward.
Section 3.
There shall be a Grievance Committee consisting of three (3) members of the represented group,
certified in writing to the Employer. Either the Local President or Chief Steward, or both, upon sufficient
notice to the Employer, may substitute for a member or members of the Grievance Committee.
The Employer shall meet whenever necessary, at a mutually convenient time, with the union grievance
committee. The purpose of grievance committee meetings will be to adjust pending grievances, and to discuss
procedures for avoiding future grievances. In addition, the committee may discuss with the Employer other
issues which would improve the relationship between the parties.
Section 4. — Bargaining Committee
The number on the Union Bargaining Committee will be limited to three (3). It is agreed that members
of the Bargaining Committee shall be compensated for sixty (60) hours of collective bargaining time, including
caucus time of either party, such compensation to begin when the parties commence negotiating for
modification of this agreement pursuant to part XIX. Any time spent on collective bargaining beyond the sixty
(60) hours will be on the employee's own time and during normal court hours. Collective bargaining begins
when Management (the employer) is at the table.
IX. 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 a problem or
grievance to the attention of his/her immediate supervisor, with or without the steward, and an attempt will be
made to resolve the grievance informally. In the event the steward is called, the employee shall be released
6
from his/her job duties as soon as possible, and in any event, no later than the beginning of the employee's shift
the next day. The supervisor, the employee and the steward shall meet simultaneously in an attempt to resolve
the matter. Dismissals, suspensions, demotions and disciplinary actions of any type shall be subjects for the
grievance procedure and shall not be matters for the Personnel Appeal Board.
Step 1
If the grievance is not settled informally between the employee and his/her immediate supervisor, the
employee shall have the right to discuss the grievance with his/her steward. If, in the steward's opinion, proper
cause for the complaint exists, the Union shall have the right to submit a written grievance on the complaint to
the immediate supervisor within ten (10) days (excluding Saturday, Sunday and holidays). The written
grievance must be signed by the employee and his/her steward and receipt acknowledged by the employee's
immediate supervisor.
Step 2
The Employer will give its written reply within ten (10) days (excluding Saturday, Sunday and holidays)
of receipt of the written grievance.
Step 3
A grievance not settled at Step 2 may be submitted to the Grievance Committee within five days
(excluding Saturday, Sunday and holidays) of the date of the receipt of the written reply. Any grievance not
submitted to the Grievance Committee by written notification to the Employer within five days shall be
considered dropped. A meeting on the grievance shall be held by the Grievance Committee within ten (10)
days (excluding Saturday, Sunday and holidays) unless the time is extended by mutual agreement of both
parties.
7
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 fifteen (15) days (excluding Saturday, Sunday and holidays) after the Grievance Committee
meeting. Expenses for arbitration shall be borne equally by both parties.
An arbitrator will be utilized from a rotating list agreed to by the parties. The arbitrator shall have no
power or authority to add to, subtract from, alter or modify the terms of this agreement, or set a wage rate.
Section 2.
The time limits specified hereinafter for movement of grievance through the process shall be strictly
adhered to. In the event that a grievance is not appealed within the particular specified time limit, it shall be
deemed to be settled on the basis of the Employer's last answer. In the event that the Employer 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.
Section 3.
All specified time limits herein shall consist only of Probate Court work days Monday through Friday.
Section 4.
Each grievance shall have to be initiated within ten (10) days (excluding Saturday, Sunday and holidays)
of each occurrence of the cause of complaint or, if neither the aggrieved nor the Union had knowledge of said
occurrence at the time of its happening, then within ten (10) days (excluding Saturday, Sunday and holidays)
after the Union or the aggrieved becomes aware of the cause for complaint.
8
X. BULLETIN BOARD
The employer shall assign appropriate space on bulletin boards 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 vulgar, obscene, political or libelous in
nature.
XI. SENIORITY
New employees may acquire seniority by working six (6) continuous months, in
which event the employee's seniority will date back to date of hire into the Court, excluding time worked
outside the Court with the exception noted below. When the employee acquires seniority, their name shall be
placed on the seniority list, in the order of their seniority date.
Exception. For employees hired or transferred to the Court prior to 1/1/90, seniority for purposes of
establishing layoff priority shall include the total time period in which the employee performed work within
Probate Court, Children's Village, and Camp Oakland prior to 1/1/90. This combined seniority can be utilized
during the period of any layoff as described in Article XII (a).
An up-to-date seniority list shall be furnished to the Union every six (6) months.
An employee shall lose their seniority for the following reasons:
(a) If the employee resigns or retires;
(b) If the employee is discharged, and not reinstated;
9
(c) If the employee is absent from work for three (3) consecutive 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 except that, an employee
shall not lose seniority if within three (3) days of receipt of notice of recall to work, he or she
gives a written notice to the Employer of their intent to return to work within five (5) days of the
receipt of such notice and does return within the five (5) day period. Consideration may be given
by the Employer of reasons given by the employee who has given notice but fails to return
within the five (5) day period.
XII. LAYOFF, RECALL, AND TRANSFERS
(a) 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 reverse order of their seniority, based on capability
of performing available jobs and shall be recalled in the order of their seniority.
(b) The Court agrees to notify the Union and its Council 25 when the employer's decision is made of
any anticipated layoff. Such notification will occur within ten (10) working days of reaching the
layoff decision.
(c) Right to recall shall be limited to the length of the employee's service, with a minimum of six (6)
months and a maximum of three (3) years.
(d) If and when an employer is permanently transferred to another division in or out of the
bargaining unit, the President or Chief Steward shall be notified of said transfer by the Employer.
If the employee is thereafter transferred back to the bargaining unit they shall have as their
seniority date the seniority date they had at the time of the transfer.
10
XIII. TEMPORARY CHANGE OF RATE
In the cases in which an employee's temporary assignment includes taking over
the ultimate responsibility inherent in a higher level job and which the temporary assignment is for more than
five (5) consecutive working days, the base salary rate for the classification assigned will be paid during the
period the employee is required to work in the higher class, payment to be retroactive to the day in which the
temporary assignment began. In the event the base rate of the higher class is lower than the employee's regular
rate the employee will be paid the next higher step over their regular rate. A Temporary Change of Rate will
not be paid when an employee is substituting for an employee on Sick Leave until the substitution has been for
thirty (30) consecutive working days.
XIV. PROMOTIONS
(a) All promotions within the bargaining unit shall be made on a basis of
a competitive examination as provided for in the Oakland County Merit System. The employer will make
his/her selection for promotion from the five highest-ranking candidates who have passed the promotional
examination.
(b) Notices of promotional opportunity within the Oakland County Merit
System will be sent to the local Union President or his/her designee for posting on the Union bulletin board.
XV. GENERAL CONDITIONS
Section 1.
The Union shall be notified in advance of anticipated permanent major changes in working conditions
and discussion shall be held thereon.
Section 2.
The re-employment rights of employees and probationary employees who are veterans will be limited by
applicable laws and regulations.
11
Section 3.
Employees elected to any permanent full-time union office or selected by the Union to do work which
takes them from their employment with the Probate Court, shall at the written request of the Union be granted a
leave of absence without pay. The leave of absence shall not exceed two (2) years, but it may be renewed or
extended for a similar period at any time upon the written request of the Union.
Any employee on approved Union leave of absence will continue to accumulate Union seniority while
on leave but will not receive credit toward "Length of County Service" for fringe benefit purposes under Rule
22, Oakland County Merit Systems.
Section 4.
When any position not listed on the wage schedule is established, the Employer may designate a job
classification and rate structure for the position. In the event the Union does not agree that the classification
rate or structure are proper, the Union shall have the right to submit the issues as a grievance through the
grievance procedure within a sixty (60) day period from the date of the Court's written notification to the
President of Local 2437 that the position has been established.
Section 5.
In the event that any other represented unit other than a unit containing employees eligible for Act 312
Police/Fire Compulsory Arbitration, 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.
Section 6.
Special conferences will be arranged between the Local President and the Employer upon the request of
either party. Unless otherwise agreed, such meetings shall be between at least two (2) representatives of the
Employer and no more than three (3) representatives of the Union. Unless otherwise agreed, arrangements for
such special conferences shall be made at least (24) hours in advance, and the conference shall be held within
12
ten (10) working days after the request is made. An agenda of the matters to be taken up at the meeting, together
with the names of the conferees representing the requesting party, 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. Such
conferences shall be held during regular working hours. Members of the Union shall not lose time or pay for
time spent in such special conferences and no additional compensation will be paid for such employees for time
spent in such conferences beyond regular working hours.
A representative of Council 25 or a representative of the International Union may attend the special
conference.
Section 7.
If a medical divergence of opinion occurs between the employee's doctor and Management's doctor
with respect to whether the employee is able to return to work from a non-work related illness or injury, the
parties may, by mutual agreement, refer the employee to a clinic or physician mutually agreed upon for a
decision as to whether or not he or she is able to return to work.
The expense of any mutually agreed examination, in accordance with the above provision, shall be paid
one-half by the employee and one-half be the Employer. Employees shall be eligible to request utilization of
this provision only upon posting an amount with the Employer sufficient to cover his or her portion of the
anticipated expenses, or signing a waiver to provide withholding of said amount from any future earnings or
other payments owed to the employee by the Employer.
If either of the parties disagree on the necessity of the third opinion, the disagreeing party will provide a
letter of explanation to the party for purposes of communication.
Section 8.
Any employee required to work overtime which is not contiguous to the employee's regular work
schedule shall be entitled to a minimum of (2) hours work or pay for weekdays and three (3) hours work or pay
13
for weekends or holidays at the time-and-one-half rate. (Weekdays are defined as the first five (5) days of work
which are part of an employee's regular work schedule.)
Section 9.
The union president shall be eligible for one (1) hour of release time per day for union business. Such
release time shall be granted providing the employee's normal work load is maintained. Release time for the
union president shall not exceed ten (10) hours within any pay period.
Section 10.
All supplemental agreements shall be subject to the approval of the Employer and the Council and/or
International Union. They shall be approved or rejected within a period of forty-five (45) days following the
date of the agreement between the parties.
XVI. MAINTENANCE OF CONDITIONS
Wages, hours and conditions of employment in effect at the execution of this
agreement shall, except as improved herein, be maintained during the term of this agreement. No employee
shall suffer a reduction in such benefits as a consequence of the execution of this agreement except that some
benefits may be increased or decreased in the process of negotiations between the parties and made a part of the
final agreement.
XVII. ECONOMIC MATTERS
Wages and Fringe Benefits are attached hereto as Appendix A and Appendix B.
XVIII. RESOLUTION OF ALL MATTERS
The provisions of this labor agreement include resolution of all matters
which remained at the time of settlement as issues of negotiations and upon which settlement was reached.
14
IX. DURATION
This agreement shall remain in full force and effect until midnight, September 30, 2003. 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 sixty (60) 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
Oakland County Probate Court.
The Union recognizes the right and duty of the Probate Court to operate and manage its jurisdiction of
the Oakland County Probate Court.
15
nd. . mark
Chief Probate Court Judge
The Union recognizes the right and duty of the Probate Court to operate and manage its affairs in
accordance with the State of Michigan Constitutional provisions and statutes and such Constitutional provisions
and statutes shall take precedence over any conflicting provisions which might be contained in this Agreement.
If any article or section of this agreement or any appendix or supplement thereto should be held invalid by any
Constitutional provision, operation of law or by any tribunal of competent jurisdiction, or if compliance with or
enforcement of any article or section should be restrained by such tribunal, the remainder of this Agreement
shall not be affected thereby.
COUNTY AND MUNICIPAL EMPLOYEES
METROPOLITAN COUNCIL NO. 25
AFL-CIO, LOCAL 2437
-
.1.)C
•nn•
OAKLAND COUNTY
PROBATE COURT
OAKLAND COUNTY
BOARD OF COMMISSIONERS
Thomas A. Law, Chairperson
16
PROBATE COURT EMPLOYEES
APPENDIX A
BI-WEEKLY SALARIES - FY 2003
The following merit bi-weekly salary schedule shall prevail for the pay
period beginning September 21, 2002:
Classification
Case Mgmt Coordinator
Cashier
Clerk
Deputy Probate Reg. I
Deputy Probate Reg. II
General Clerical
Office Assistant I
Office Assistant II
Office Leader
Probate Court Report I
Probate Court Report II
Probate Specialist
Base 1 year 2 year 3 year 4 year 5 year 6 Year
1319.27 1398.78 1478.51 1558.21 1637.85 1717.46
983.84 1043.29 1102.82 1162.36 1221.89 1281.51
797.46 847.55 900.81 954.26 1007.61 1061.05 1114.24
1036.04 1098.62 1161.35 1223.99 1286.60 1349.33
1091.31 1157.33 1223.36 1289.26 135537 1421.23
800.09
896.40 951.71 1007.08 1062.42 1117.92 1173.32
983.84 1043.29 1102.82 1162.36 1221.89 1281.51
1091.31 1157.33 1223.36 1289.25 1355.37 1421.22
1356.91 1438.70 1520.85 1602.70 1684.83 1766.56
1491.87 1581.93 1671.86 1762.12 1852.12 1942.01
1199.71 1272.10 1344.67 1417.10 1489.67 1562.11
PROBATE COURT EMPLOYEES
APPENDIX A
BI-WEEKLY SALARIES - FY 2003
The following merit bi-weekly salary schedule shall prevail for the pay
period beginning March 23, 2003:
Classification Base 1 year 2 year 3 year 4 year 5 year 6 Year
Case Mgrnt Coordinator 1339.06 1419.76 1500.69 1581.58 1662.43 1743.22
Cashier 998.60 1058.94 1119.36 1179.79 1240.21 1300.73
Clerk 809.42 860.26 914.32 968.57 1022.72 1076.97 1130.95
Deputy Probate Reg. I 1051.58 1115.09 1178.78 1242.35 1305.90 1369.57
Deputy Probate Reg. II 1107.68 1174.69 1241.71 1308.59 1375.70 1442.55
General Clerical 812.09
Office Assistant I 909.84 965.99 1022.19 1078.35 1134.69 1190.92
Office Assistant II 998.60 1058.94 1119.36 1179.79 1240.21 1300.73
Office Leader 1107.68 1174.69 1241.71 1308.59 1375.70 1442.55
Probate Court Report I 1377.76 1460.28 1543.66 1626.74 1710.10 1793.06
Probate Court Report II 1514.25 1605.66 1696.94 1788.55 1879.90 1971.14
Probate Specialist 1217.71 1291.18 1364.84 1438.36 1512.02 1585.54
PROBATE COURT EMPLOYEES
APPENDIX B
For the following fringe benefits, refer to the Oakland County Merit System RuleBook:
1. Injury on the Job
2. Holidays
3. Leave of Absence
4. Death Benefits
5. Longevity
6. Master Medical Coverage
7. Sick Leave
8. Retirement
9. Annual Leave
10. Income Continuation Coverage
I 1 . Dental Coverage
12. Tuition Reimbursement
The fringe benefits modified in previous collective bargaining agreements shall continue in effect as
modified and described in the Oakland County Merit System RuleBook.
II
(a) Employees required to drive their personal vehicle on official Probate Court business shall receive
thirty two and a half (36.5) cents per mile.
(b) Any previous practice of paying mileage on a "home to home" basis for employees working
overtime is eliminated.
19
(c) In the event there is a Federal Tax placed on gasoline for the purpose of energy conservation, the
employer agrees to discuss the matter with the Union.
III
Employees working less than 1,000 hours in a calendar year shall not be eligible for fringe benefits or
Merit System Status and shall be considered "Part-time Non-eligible" employees. Part-time eligible employees
represented by Local 2437 as of January 1, 1985 who remain continually employed shall not be affected by this
Section as long as their employment continues to be for more than 520 hours annually.
IV
The following positions shall be considered permissible equivalents:
(1) Clerk and Office Assistant I and Office Assistant II
(2) Deputy Probate Register I and Deputy Probate Register II
(3) Deputy Probate Register I and Deputy Probate Register II
(4) Probate Court Reporter I and Probate Court Reporter II
No vacancy must exist at the "II" level for the employer to promote an employee
who has completed the top of the "I" salary range and who the employer has determined is satisfactorily
performing the job.
V
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.
Effective 1/1/95 the Preferred Provider Prescription 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.
20
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.
FRINGE BENEFITS- 2003
All employee benefit modifications implemented on a countywide basis to general non-represented
employees to take effect during Fiscal Year 2003 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.
21
Resolution #02266 October 24, 2002
The Chairperson referred the resolution to the Finance Committee. There were no objections.
FISCAL NOTE (MISC. #02266) November 21, 2002
BY: Finance Committee, Sue Ann Douglas, Chairperson
IN RE: PERSONNEL DEPARTMENT - FISCAL YEAR 2003 EXTENSION OF LABOR AGREEMENT
FOR EMPLOYEES REPRESENTED BY THE AMERICAN FEDERATION OF STATE, COUNTY, AND
MUNCIPAL EMPLOYEES (AFSCME) COUNCIL 25, LOCAL 2437
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 AFSCME Local 2437 have reached an
agreement regarding wages and benefits for Fiscal Year 2003.
2. The agreement provides for a 1.5% salary increase effective
September 21, 2002, and a 1.5% increase effective March 23, 2003,
unless a greater increase is approved for the general, non-
represented County employees; and.
3. The agreement also provides that the employees represented by
this bargaining agreement receive any benefit changes provided to
the general non-represented County employees at the same time and
in the same manner.
4. The total annual cost of the contract change equals $189,930 for
the salary increase and related fringe benefits.
5. Funding to cover this contract change was included in the FY 2003
and FY 2004 Adopted Budget. Therefore, no additional
appropriation is required.
CE COMMITTEE
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Obrecht, Taub and
Friedman Appel absent.
HEREBY,,/;';401-1E FORE SC".
2
County Executive Date
oltAapll •""•11
% f •
Resolution #02266 November 21, 2002
Moved by Dingeldey supported by Causey-Mitchell the resolution be adopted.
AYES: Crawford, Dingeldey, Douglas, Galloway, Garfield, Gregory, Law, McPherson, Melton,
Middleton, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Webster, Amos, Appel,
Buckley, Causey-Mitchell, Coleman. (24)
NAYS: None. (0)
A sufficient majority having voted, therefore 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
November 21, 2002, with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of 4 County of Oakland at
Pontiac, Michigan this 21st day of November, 2002.
G. William Caddell, County Clerk