HomeMy WebLinkAboutResolutions - 2005.12.08 - 27803December 8, 2005
MISCELLANEOUS RESOLUTION 105284
BY: Personnel Committee, Gregory Jamian, Chairperson
IN RE: HUMAN RESOURCES DEPARTMENT - FISCAL YEAR 2005 - 2007 LABOR
AGREEMENT FOR EMPLOYEES REPRESENTED BY THE AMERICAN FEDERATION
OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES (AFSCME) LOCAL 2720
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland and AFSCME Local 2720, have been negotiating a
contract covering four Board of Commissioners' employees; and
WHEREAS a 3-year agreement has been reached for the period October 1, 2004 through
September 30, 2007, and said agreement has been reduced to writing; and
WHEREAS this agreement provides for a 3% increase for fiscal year 2005; a 2% increase
for fiscal year 2006; and a wage and benefit re-opener for fiscal year 2007; and
WHEREAS this agreement also provides that any benefit modifications applied to the
general, non-represented employees during fiscal year 2006 will be applied to employees represented
by this bargaining unit at the same time and in the same manner; 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 AFSCME Local 2720, covering the period
of October 1, 2004, through September 30, 2007, 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 Rogers and Hatchett absent
SUMMARY OF TENTATIVE AGREEMENT
BETWEEN OAKLAND COUNTY
AND
THE BOARD OF COMMISSIONERS
COMMITTEE REPORTERS
AFSCME COUNCIL 25, LOCAL 2720
November 2, 2005
Duration: 3 Years, October 1, 2004 through September 30, 2007
Wages: FY 2005 3% increase effective with the pay period beginning
October 2, 2004
FY 2006 2% increase effective with the pay period beginning
October 1, 2005
FY 2007 Re-opener
Benefits: FY 06 Any benefit modifications implemented on a countywide basis to
general, non-represented employees to take effect during fiscal
year 2006 shall be applied to employees represented by this
bargaining unit at the same time and in the same manner.
Effective with the execution of this agreement, employees required
to drive their personal vehicle on official County business shall be
reimbursed for miles traveled at the rate equivalent to the IRS
mileage rate.
FY 07 Reopener
THE COUNTY OF OAKLAND
AND
MICHIGAN COUNCIL 25
AMERICAN FEDERATION OF STATE, COUNTY AND
MUNICIPAL EMPLOYEES, AFL-CIO
Senior Committee Coordinator, Committee Coordinator and Secretaries
of the Oakland County Board of Commissioners
Collective Bargaining Agreement
2004 - 2007
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AGREEMENT
This agreement is made and entered into on this day of
2005, by and between the Oakland County Board of Commissioners and the County of Oakland,
hereinafter referred to collectively as the "Employer," and Michigan Council 25 American Federation
of State, County and Municipal Employees, hereinafter referred to as the "Union." It is the desire
of both parties to this agreement to continue to work harmoniously and to promote and maintain high
standards, between the employer and employees, which will best serve the citizens of Oakland
County.
I. RECOGNITION
The Employer recognizes the Union as the exclusive representative of the Senior Committee
Coordinator, Committee Coordinator and Secretaries of the Oakland County Board of
Commissioners, 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, and as amended including Act 379 of 1965.
All Committee Coordinators, Secretaries - Board of Commissioners employed by the
Oakland County Board of Commissioners, including the Senior Committee Coordinator, but
excluding the Committee Coordinator assigned to the Personnel Committee.
Pl. MANAGEMENT RESPONSIBILITY
The right to hire, promote, discharge, or discipline for just cause, and to maintain discipline
and efficiency of employees, is the sole responsibility of the Employer except that Union members
shall not be discriminated against as such. In addition, the work schedules, methods and means of
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departmental operation are solely and exclusively the responsibility of the Employer, subject,
however, to the provisions of this agreement.
DI. 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, within14 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. Such voluntary withdrawal from payroll deduction of Union
dues may only occur during the period December 16 through December 31 of any calendar year.
(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 action.
IV. STEWARDS AND ALTERNATE
Section 1
There shall be a Chapter Chairperson for the bargaining unit and one steward.
The steward will be permitted to leave his/her work, after obtaining approval of his/her
supervisor and recording his/her time, for the purpose of adjusting grievances in accordance with the
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grievance procedure and for reporting to the grievant a resolution of the grievance. Permission for
the steward to leave his/her work station 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 an assigned job at all times except when permitted
to leave work to handle grievances.
Section 2
The Union will furnish the Employer with the names of its authorized representatives who
are employed within the unit and such changes as may occur from time to time in such personnel so
that the Employer may at all times be advised as to the office of the individual representative of the
Union with which it may be dealing.
V. GRIEVANCE PROCEDURE
Section 1
The Employer and the Union support and subscribe to an orderly method of adjusting
employee grievances. To this end, the Employer and the Union agree that an employee should first
bring his/her problem or grievance to the attention of his/her immediate supervisor, within five (5)
days of the occurrence. The immediate supervisor shall attempt to resolve the grievance informally.
Dismissals, suspensions, demotions and disciplinary actions and/or appeals of management's actions
of any type shall be subjects only for the grievance procedure.
Step 1_
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If the grievance is not settled informally, it may be discussed with the steward and may be
reduced to writing, signed by the grievant and submitted to his immediate supervisor within
five (5) days of the occurrence.
Step 2
A 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 or 2, the Union may within five (5) days after the
supervisor's answer request, in writing, to the Employee Relations Division a meeting of the
Grievance Committee. Such meetings will be held within15 working days after the date of
written request and the Employer will render his decision within seven (7) working 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 2
persons, a Steward, Chapter Chairperson, or the staff representative, if requested. (Working
days refer to Monday-Friday, excluding Saturday, Sunday and Holidays.)
Section 2
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 30 days after the Employer's 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
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following Arbitrators in accordance with the date of written grievance, the oldest grievance being
referred first:
1. Robert Sheedy
2. Alger Connor
3. Bill Danial
4. Benjamen Wolkinson
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 last Arbitrator listed, the cycle shall
repeat, beginning with the first Arbitrator. The Arbitrator may interpret and apply the provisions of
this Agreement to determine the grievance before the Arbitrator. However, the Arbitrator shall have
no power or authority, in any way, to alter, to modify, amend, or add to any provisions of this
Agreement, or set a wage rate. The Arbitrator shall be bound by the express provisions of this
Agreement.
Each grievance shall have to be initiated within five (5) days 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 five (5) days after the Union or the aggrieved becomes aware of the
cause for complaint.
Any grievance not appealed from any step of the grievance procedure to the next step within
the limits prescribed, shall be considered dropped and the last decision fmal and binding, except that
time limits may be extended by mutual written agreement of the parties. In the event that the
Employer shall fail to supply the Union with its answer at a particular step within the specified time
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limits, the grievance shall be deemed automatically positioned for appeal at the next step. The time
limit for exercising further appeal shall commence with the expiration of the grace period for
answering.
VI. BULLETIN BOARD
The Employer shall assign space on a bulletin board which shall be used by the Union for
posting notices, bearing the written approval of the Chapter Chairperson 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 of bona fide Union affairs, subject to Managements approval, 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 into the department. When the employee
acquires seniority, his/her name shall be placed on the seniority list, in the order of his/her seniority
date. In those occurrences when two or more employees have the same seniority date the employee
whose name appears first on an alphabetical list shall be deemed to be senior.
An up-to-date seniority list shall be furnished to the Union every six (6) months.
Employees shall lose their seniority for the following reasons:
(a) If the employee resigns or retires;
(b) If the employee is discharged, and not reinstated;
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(c)
If the employee is absent from work for three working days, without properly
notifying the Employer, unless a satisfactory reason is given;
(d) If the employee does not return to work at the end of an approved leave;
(e) If the employee does not return to work when recalled from a layoff;
(f) If the employee is laid off for a continuous period equal to the seniority he/she had
acquired at the time of layoff or 24 months which ever is less.
VIE. LAY-OFF AND RECALL
If and when it becomes necessary for the Employer to reduce the number of employees in the
work force, the least senior represented employees in each classification will be laid off first, based
on capability of preforming available jobs and shall be recalled in the inverse order. All employees
so laid off shall, for a time equal to their length of service in the unit at the time of layoff up to a two
(2) year maximum, be offered the opportunity of recall to the unit prior to the hiring of any new
employees into the unit.
The Employer will notify the Union at such time as the Employer anticipates the laying off
of employees represented by this bargaining unit.
IX. GENERAL CONDITIONS
Section 1
When any new work covered by the bargaining unit certification is established, the County
may designate a job classification and rate structure for the position. In the event the Union does not
agree that the job classification or rate structure are proper the Union shall have the right to submit
the issue as a grievance through the Grievance Procedure within 60 days.
Section 2
Special conferences may be arranged at a mutually convenient time between the union and
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the Employer upon the request of either party. Such meetings may be between at least two (2)
representatives of the Employer and no more than two (2) employee representatives of the Union.
Section 3
Wages, hours, and conditions of employment contained in the Agreement shall be
maintained during the term of the Agreement.
Section 4
Any employee who is required to, and returns to work which is scheduled to begin more than
one (1) hour after the end of the regular work schedule, shall be entitled to a minimum of two (2)
hours pay at the time-and-one-half rate or, the equivalent of three (3) hours leave time, if agreed to
by the employer.
Section 5
The Employer will notify the union of changes in bargaining unit job description(s) and, if
requested by the union, will meet and confer prior to finalization of the job description(s). Exception
to this policy may occur under exigent circumstances with discussions, if requested, to be held within
a reasonable time thereafter. Copies of new job descriptions will be forwarded to union steward
when finalized.
X. ADOPTION BY REFERENCE OR RELEVANT RESOLUTIONS AND
PERSONNEL POLICIES
All Resolutions of the Oakland County Board of Commissioners, as amended or changed,
from time to time, relating to the working conditions of the employees covered by this agreement,
and all other benefits and policies provided for in the Oakland County Merit System, which
incorporates the Oakland County Employees' Handbook, except those excluded by this agreement,
are incorporated herein by reference.
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XI. ECONOMIC MATTERS
The agreement between the parties on economic matters are set forth in Appendix A and
Appendix B attached hereto and are incorporated into this collective bargaining agreement, subject
to the terms and conditions thereof.
XII. NO STRIKE - NO LOCKOUT
Under no circumstances will the Union cause, 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 state law.
The Employer will not lockout any employees of the bargaining unit during the term of this
Agreement.
XBI. 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.
XIV. DURATION
This Agreement shall remain in full force and effect until midnight, September 30, 2007. It
shall be automatically renewed from year to year thereafter unless either party shall notify the other
in writing, 60 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 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.
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In the event that either party desires to terminate this agreement, written notice must be given
to the other party no less than ten days prior to the desired termination date which shall not be before
the armiversary date set forth in the preceding paragraph.
If any article or section of this Agreement or any appendix or supplement thereto should be
held invalid by a 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.
COUNCIL 25, AFSC&ME AFL-CIO COUNTY OF OAKLAND, a Michigan
Constitutional Corporation
by by
Bill Bullard, Jr., Chairperson
Staff Representative
by OAKLAND COUNTY
Helen Hanger
Chapter Chairperson
by
L. Brooks Patterson
County Executive
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COMMITTEE COORDINATOR AGREEMENT
APPENDIX A
Salaries - FY 2005
The following merit bi-weekly salary schedule shall prevail beginning the first pay period on or after
October 2, 2004:
Classification Base 1 Year 2 Year 3 Year 4 Year 5 Year
Committee Coordinator 1419.08 1505.19 1591.31 1677.45 1763.62 1849.85
Secretary I-Bd. of Comm. 1231.11 1306.00 1380.97 1455.85 1530.77 1605.51
Secretary II-Bd. of Comm. 1289.74 1368.17 1446.47 1524.87 1603.24 1681.75
Sr. Committee Coord. 1639.08 1738.38 1837.83 1937.21 2036.53 2135.90
Salaries - FY 2006
The following merit bi-weekly salary schedule shall prevail beginning the first pay period on or after
October 1, 2005:
Classification Base 1 Year 2 Year 3 Year 4 Year 5 Year
Committee Coordinator 1447.46 1535.29 1623.14 1710.00 1798.89 1886.85
Secretary I-Bd. of Comm. 1255.73 1332.12 1408.59 1484.97 1561.39 1637.62
Secretary II-Bd. of Comm. 1315.54 1395.53 1475.40 1555.37 1635.30 1715.39
Sr. Committee Coord. 1671.87 1773.15 1874.59 1975.95 2077.26 2178.62
Salaries - FY 2007
Wage Reopener
P.E.O.P.L.E.
The County agrees to deduct additional, voluntary deductions from the employees represented by this bargaining
unit to contribute to AFSCME "P.E.O.P.L.E." group. These deductions are voluntary, and may be initiated or
terminated at any time, but must be reaffirmed at the beginning of each calendar year.
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APPENDIX B
I
For the following fringe benefits, refer to the Oakland County Employees' Handbook:
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
*Employees hired on or after January 1, 1989, who subsequently retire from County service shall not be eligible for
County reimbursement of Medicare Part B payments.
*All bargaining unit employees hired on or after July 1, 1994, shall only be eligible to participate in the Defined
Contribution Retirement Plan, as adopted by the Board of Commissioners in Miscellaneous Resolution #94185.
* All bargaining unit employees hired on or after January 1, 1995, shall only be eligible to receive Retirement Health
Care Benefits as set forth in Miscellaneous Resolution #94292.
**Dental Benefits increased consistent with Miscellaneous Resolution # 99189.
***Tuition Reimbursement increased consistent with the Fiscal Year 2000 Budget.
Benefits FY 2006
Any benefit modifications implemented on a countywide basis to general, non-represented employees to take
effect during fiscal year 2006 shall be applied to employees represented by this bargaining unit at the same
time and in the same manner.
Benefits FY 2007
Benefit Reopener
Effective with the execution of this agreement, employees required to drive their personal vehicle on official County
business shall be reimbursed for miles traveled at the rate equivalent to the IRS mileage rate.
FISCAL NOTE (MISC. 105284) December 8, 2005
BY: Finance Committee, Chuck Moss, Chairperson
IN RE: HUMAN RESOURCES DEPARTMENT - FISCAL YEAR 2005 - 2007 LABOR AGREEMENT
FOR EMPLOYEES REPRESENTED BY THE AMERICAN FEDERATION OF STATE, COUNTY, AND
MUNICIPAL EMPLOYEES (AFSCME) LOCAL 2720
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 Miscellaneous Resolution and finds:
1. The County of Oakland and AFSCME Local 2720 have been negotiating a
contract covering four Board of Commissioners' employees.
2. A 3-year agreement has been reached covering the period October 1,
2004 through September 30, 2007.
3. The agreement provides for a 3% increase effective with the pay
period beginning October 2,2004. The agreement further provides for
a 2% increase effective with the pay period beginning October 1,
2005. Any benefit modifications implemented shall be applied
consistently at the same time and in the same manner as provided to
non-represented employees.
4. Sufficient Funds have been appropriated for this agreement in the FY
2006 and FY 2007 budget. No budget amendment is required.
FINANCE COMMITTEE
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Melton and Woodward
absent.
Resolution #05284 December 8, 2005
Moved by Gregory supported by Douglas the resolutions on the Consent Agenda, as amended, be adopted
(with accompanying reports being accepted).
AYES: Crawford, Douglas, Gershenson, Gregory, Hatchett, Jamian, KowaII, Long, Melton, Molnar,
Moss, Nash, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Woodward, Zack, Bullard,
Coulter. (22)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions on the Consent Agenda, as amended, were adopted
(with accompanying reports being accepted).
I HEREBY APPROVE THE FOREGAG RESOLUTION
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Ruth Johnson, 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 December 8, 2005,
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 8th day of December, 2005.
Ruth Jotinsa, County Clerk
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