HomeMy WebLinkAboutResolutions - 2020.07.02 - 33387MISCELLANEOUS RESOLUTION _ #20224 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 COMMAND OFFICERS 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 Command Officers Association (OCCOA) with the
Oakland County Deputy Sheriff's Association (OCDSA) 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 Command Officers
Association.
Chairperson, on behalf of the Finance and Infrastructure Committee, I move the adoption of the foregoing
resolution.
t
94 �` � a ✓
Commissioner Helaine Zack, District #18
Chairperson, Finance and Infrastructure
Committee
FINANCE AND INFRASTRUCTURE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote.
Memorandum of Agreement
For Interest Arbitration
(Command Unit)
This Memorandum of Agreement is reached this _clay of 2020 by and
between the County of Oakland ("County"), the Sheriff's Office and the Oakland Comity
Command Officers Association ("Union").
1. In the event that the parties are unable to reach a successor collective bargaining
agreement to the current 2018-2021 agreement for the Command Unit, and the Union
tiles a petition for Act 31^_ arbitration with the Michigan Employment Relations
Commission oil behalf of Act 312 -eligible unit employees, it is hereby agreed between
the parties that the Union may also request binding interest arbitration on any
unresolved mandatory subjects of bargaining concerning unit employees that are not
otherwise eligible for Act 312 arbitration. 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 factors set forth in Section 9 of Act Bt2,
MC LA 423 239. Any separate fees or costs of the interest arbitration on non -Act 312
eligible issues/disputes shall be borne equally by the parties.
2. 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 rile a civil action in Oakland County Circuit Court to vacate the award. The
award may also be vacated or corrected by the Court nn the grounds set forth in Sections
23 and 24 of the Michigan Uniform Arbitration Act, MC'LA § 691.1703 and 1704.
The County of Oakland Oakland County Command Officers
Association
By:
By:
IBLOOMfIli1 D\000117366\10111\2871708.%l-3/2/_20
Resolution #20224
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).
a, C' L'
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 2ntl day of July, 2020.
Lisa Brown, Oakland County