HomeMy WebLinkAboutResolutions - 2020.07.02 - 33386MISCELLANEOUS RESOLUTION #2022$ July 2, 2020
BY: Commissioner Helaine Zack, Chairperson, Finance and Infrastructure Committee
IN RE: HUMAN RESOURCES — MEMORANDUM OF AGREEMENT FOR INTEREST ARBITRATION
WITH OAKLAND COUNTY DEPUTY SHERIFF'S ASSOCIATION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen.
WHEREAS the Oakland County Board of Commissioners passed Miscellaneous Resolution # 20057 to
facilitate the consolidation of the Oakland County Deputy Sheriff's Association (OCDSA) with the Oakland
County Command Officers Association (OCCOA) into one collective bargaining unit; and
WHEREAS the Human Resources Department has prepared a Memorandum of Agreement with the
OCCOA for approval of the Board of Commissioners
NOW THEREFORE BE IT RESOLVED the Oakland County Board of Commissioners approves the
Memorandum of Agreement for Interest Arbitration with the Oakland County Deputy Sheriff's Association.
Chairperson, on behalf of the Finance and Infrastructure Committee, I move the adoption of the foregoing
resolution.
Commissioner Helaine Zack istrict #18
Chairperson, Finance and Infrastructure
Committee
FINANCE INFRASTRUCTURE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote.
Memoiraudnm of Agreement
For Interest Arbitration
This Memorandum of Agreement is reached this day of , 2020 by and
between the County of Oakland ("County"), the Sheriffs Office and the Oakland County Deputy
Shcriffs Association ("Union").
I. In the event that the parties are unable to reach a successor collective bargaining
agreement to the current 2015-2021 agreements and the Union tiles a petition for Act
312 arbitration with the Michigan Employment Relations Commission on behalf of Act
312 -eligible employees currently in the Law Enforcement Services Unit, it is hereby
agreed between the parties that the Union may also request binding interest arbitration
on any unresolved mandatory subjects of bargaining for employees currently in the
Corrections and Court Services Unit. Such interest arbitration proceedings shall be
submitted to the same neutral arbitrator appointed to the Act 312 proceedings and, in
rendering a decision on any disputed issues, the interest arbitrator shall consider, and
issue an arbitration award based upon, the tactors set forth in Section 9 of Act 313.
MCLA 423.239. Any separate lees or costs of the interest arbitrator on non -Act 312 -
eligible issues/disputes shall be borne equally by the parties.
It is further agreed between the parties that if the interest arbitrator: a) exceeds his/her
jurisdiction in rendering an award; b) issues an award which is not supported by
competent, material and substantial evidence on the whole record; or c) issues an award
which was procured by fraud. collusion or other similar and unlawful means, either
party may, file a civil action in Oaldand County Circuit Court to vacate the award. The
award may also be vacated or corrected by the Court on the grounds set forth in Sections
23 and 24 of the Michigan Uniform Arbitration Act, MCLA § 691.1703 and 1704.
The County of Oakland Oakland County Deputy Shcrifl'.s Association
By:
I H 1,00M UIIA-D MOO 1 17360\0001"2871709.0-3/2/20
By:
Resolution #20223
July 2, 2020
Moved by Jackson seconded by Weipert the resolutions on the amended Consent Agenda be adopted
(with accompanying reports being accepted).
AYES: Hoffman, Jackson, Kochenderfer, Kowall, Kuhn, Long, Luebs, Markham, McGillivray,
Middleton, Miller, Nelson, Powell, Quarles, Spisz, Taub, Weipert, Woodward, Zack,
Gershenson. (20)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions on the amended Consent Agenda were
adopted (with accompanying reports being accepted).
4'&�
I HEREBY APPROVE THIS RESOLUTION
CHIEF DEPUTY COUNTY EXECUTIVE
ACTING PURSUANT TO MCL 45.559A (7)
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lisa Brown, 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 July 2, 2020,
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 Circuit Court at Pontiac,
Michigan this 2nd day of July, 2020. �p `
Lisa Brown, Oakland County