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Home My WebLink AboutResolutions - 2021.03.25 - 34255MISCELLANEOUS RESOLUTION #21096 March 25, 2021 BY: Commissioner Kristen Nelson, Chairperson, Legislative Affairs and Government Operations Committee IN RE: HUMAN RESOURCES - FISCAL YEAR 2020 WAGE REOPENER FOR EMPLOYEES REPRESENTED BY THE MICHIGAN AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, COUNCIL 25, LOCAL 2437 (AFSCME) To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland, the Oakland County Circuit Court/Family Court and the Michigan American Federation of State, County and Municipal Employees, Council 25, Local 2437 (AFSCME), have negotiated a Collective Bargaining Agreementforthe period October 1, 2018, through September 30, 2021; and WHEREAS the Collective Bargaining Agreement in effect has a Wage Reopener only clause for Fiscal Year 2020; and WHEREAS the parties have agreed to adopt the Compensation Study recommendations in title changes and salary for : Account Clerk I & II retitled to Financial Services Technician I & II Cashier retitled to Financial Services Technician I Clerk and Office Assistant I retitled to Office Support Clerk Court Reporter I & II retitled to Court Reporter Court Service Officer I & II retitled to Court Service Officer Office Assistant II retitled to Office Support Clerk - Senior Secretary I retitled to Secretary Technical Assistant retitled to Technical Office Specialist WHEREAS the parties have negotiated wage increases averaging 6.4% which includes the 1% equity adjustment provided to this group in January 2021; and WHEREAS the wages are as follows: Classification Base 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year Business Analyst $44,378 $46,597 $48,927 $51,373 $53,942 $56,639 $59,458 Case Management Coordinator $48,927 $51,373 $53,942 $56,639 $59,471 $62,445 $65,553 Court Reporter $53,942 $56,639 $59,471 $62,445 $65,567 $68,845 $72,272 Court Service Officer $40,252 $42,265 $44,378 $46,597 $48,927 $51,373 $53,930 Deputy Register 1 $36,510 $38,336 $40,252 $42,265 $44,378 $46,597 $48,916 Deputy Register 11 $38,335 $40,252 $42,264 $44,378 $46,596 $48,926 $51,362 Financial Services Tech $34,771 $36,510 $38,335 $40,252 $42,264 $44,378 $46,587 Financial Services Tech 11 $40,252 $42,265 $44,378 $46,597 $48,927 $51,373 $53,930 General Clerical $31,536 Office Support Clerk $31,223 $32,784 $34,423 $36,145 $37,952 $39,849 $42,256 Office Support Clerk Senior $34,771 $36,510 $38,335 $40,252 $42,264 $44,378 $46,587 PPO Liaison $54,369 $56,544 $58.806 $61,158 $64,216 $67,426 $70,765 Secretary $40,252 $42,265 $44,378 $46,597 $48,927 $51,373 $53,930 Technical Office Specialist $40,252 $42,265 $44,378 $46,597 $48,927 $51,373 $53,930 Youth & Family Caseworker 1 $54,000 $55,890 $57,567 $59,294 $61,665 $62,469 $63,718 Youth & Family Caseworker 11 $62,100 $64,274 $66,202 $68,188 $70,915 $72,143 $73,586 Youth Assistance Caseworker $54,000 $55,890 $57,567 $59,294 $61,665 $62,469 $63,718 Youth Assistance Caseworker 11 $62,100 $64,274 $66,202 $68,188 $70,915 $72,143 $73,586 WHEREAS employees will be placed at the next highest step that gives them an increase, plus one more step; and WHEREAS the wages will become effective March 13, 2021; and WHEREAS the total estimated cost for the wage increase for represented positions by the American Federation of State, County and Municipal Employees is $107,541 for the remainder of FY 2021 and $199,720 for FY 2022 - FY 2023; and WHEREAS funding for the salary increase will be provided by the Non -Departmental General Fund Salary Adjustment Reserve Line Item for General Fund General Purpose related costs; and WHEREAS funding for a portion of the salary increase will partially (50%) be provided by the Non - Departmental General Fund Salary Adjustment Reserve Line Item and the other half (50%) from the Child Care Subsidy revenue line item. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the proposed Fiscal Year 2020 Wage Reopener with wages effective March 13, 2021, and that the Board Chairperson, on behalf of the County of Oakland, is authorized to execute said agreement BE IT FURTHER RESOLVED that the FY 2021- FY 2023 budget is amended as detailed in the attached Schedule "A". Chairperson, on behalf of the Legislative Affairs and Government Operations Committee, I move the adoption of the foregoing resolution. New Commissioner Kristen Nelson, District # 5 Chairperson, Legislative Affairs and Government Operations Committee LEGISLATIVE AFFAIRS AND GOVERNMENT OPERATIONS COMMITTEE VOTE: Motion carried unanimously on a roll call vote. FINANCE COMMITTEE VOTE: Motion carried unanimously on a roll call vote. I 10100 9090101 196030 740142 I 10100 3010402 135060 702010 10100 3010402 135060 722900 10100 3010402 111000 702010 10100 3010402 111000 722900 10100 3010403 121240 702010 10100 3010403 121240 722900 10100 3010403 135080 702010 10100 3010403 135080 722900 (#10100) I 10100 9090101 196030 740142 10100 9010101 112700 788001 20293 nd(#20293) I 20293 9090101 112700 695500 10100 20293 9010101 112700 615359 I 20293 3010402 113310 702010 20293 3010402 113310 722900 20293 3010402 121200 702010 20293 3010402 121200 722900 Non Departmental Salary Adjustment Reserve (97, 179 00) Total Expenditures (97,179.00) Circuit Court Family Division Court Services Salaries 14,763 00 Circuit Court Family Division Court Services Fringe Benefit Adjustment 5,26900 Circuit Court Family Division Court Services Salaries 18,380 00 Circuit Court Family Division Court Services Fringe Benefit Adjustment 6,55900 Circuit Court Family Division Judicial Support Salaries 34,580 00 Circuit Court Family Division Judicial Support Fringe Benefit Adjustment 12,345.00 Circuit Court Family Division Judicial Support Salaries 3,893.00 Circuit Court Family Division Judicial Support Fringe Benefit Adjustment 1,390.00 Total Expenditures 97,179.00 Non Departmental Non Departmental Non Departmental Non Departmental Salary Adjustment Reserve Transfer Out-CCF #20293 Total Expenditures (5,181 00) 5,181 00 Transfers In -General Fund 5,181 00 Child Care Revenue Subsidy 5,181 00 Total Revenues 10,362.00 Circuit Court Family Division Court Services Salaries 5,439.00 Circuit Court Family Division Court Services Fringe Benefit Adjustment 1,941 00 Circuit Court Family Division Court Services Salaries 2,197 00 Circuit Court Family Division Court Services Fringe Benefit Adjustment 78500 Total Expenditures 10,362.00 LETTER OF AGREEMENT This Agreement is entered into this day of March, 2021, between the County of Oakland, the Circuit Court/Family Court (collectively the "County") and the Michigan American Federation of State, County and Municipal Employees, Council 25, Local 2437 (AFSCME). The parties have agreed on wages for Fiscal Year 2020 which includes adopting the Compensation Study recommendation for title changes and salary for Account Clerk I & II retitled to Financial Services Technician I & II Cashier retitled to Financial Services Technician I Clerk and Office Assistant I retitled to Office Support Clerk Court Reporter I & 11 retitled to Court Reporter Court Service Officer I & 11 retitled to Court Service Officer Office Assistant 11 retitled to Office Support Clerk -Senior Secretary I retitled to Secretary Technical Assistant retitled to Technical Office Specialist Further, the parties agreed to approximately a 6.4% increase; which includes the 1%equity adjustment approved by the Board on December 5, 2020, as follows: Classification Base 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year Business Analyst $44,378 $46,597 $48,927 $51,373 $53,942 $56,639 $59,458 Case Management Coordinator $48,927 $51,373 $53,942 $56,639 $59,471 $62,445 $65,553 Court Reporter $53,942 $56,639 $59,471 $62,445 $65,567 $68,845 $72,272 Court Service Officer $40,252 $42,265 $44,378 $46,597 $48,927 $51,373 $53,930 Deputy Register 1 $36,510 $38,336 $40,252 $42,265 $44,378 $46,597 $48,916 Deputy Register II $38,335 $40,252 $42,264 $44,378 $46,596 $48,926 $51,362 Financial Services Tech $34,771 $36,510 $38,335 $40,252 $42,264 $44,378 $46,587 Financial Services Tech 11 $40,252 $42,265 $44,378 $46,597 $48,927 $51,373 $53,930 General Clerical $31,536 Office Support Clerk $31,223 $32,784 $34,423 $36,145 $37,952 $39,849 $42,256 Office Support Clerk Senior $34,771 $36,510 $38,335 $40,252 $42,264 $44,378 $46,587 PPO Liaison $54,369 $56,544 $58,806 $61,158 $64,216 $67,426 $70,765 Secretary $40,252 $42,265 $44,378 $46,597 $48,927 $51,373 $53,930 Technical Office Specialist $40,252 $42,265 $44,378 $46,597 $48,927 $51,373 $53,930 Youth & Family Caseworker 1 $54,000 $55,890 $57,567 $59,294 $61,665 $62,469 $63,718 Youth & Family Caseworker 11 $62,100 $64,274 $66,202 $68,188 $70,915 $72,143 $73,586 Youth Assistance Caseworker 1 $54,000 $55,890 $57,567 $59,294 $61,665 $62,469 $63,718 Classification Base 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year Youth Assistance Caseworker II $62,100 $64,274 $66,202 $68,188 $70,915 $72,143 $73,586 These wages will become effective March 13, 2021. MICHIGAN AMERICAN FEDERATION OF STATE, COUNTY OF OAKLAND COUNTY AND MUNICIPAL EMPLOYEES, COUNCIL 25 LOCAL 2437 David T. Woodward, Chairperson Board of Commissioners David Coulter Oakland County Executive Schedule "A" WagalFi nge Benefit Salary and Fringe Benefit increase for employees represented by GELC Account Fund Fund BarrelProoram Number Annuals Co.(Cents, Account Dmorlotlon BY 2021 FY 2022-2024 'General Fund l#101001 Expenditures 10100 9090101 196030 740142 Non Departmental Salary Adjustment Reserve (971y9 00)- 10, 476 001 Total Expenditures (9],179.00) (1110,4]6.001 Expenditures 10100 3010402 135060 702010 Circuit Court Family Drvlsion Court Services Salanes 14,76300 27,41700 10100 3010402 135080 722900 Clrcult Court Family Dlvlslon Court Services Fringe Benefit Adjustment 5,20900 9,78500 10100 2010402 111000 702010 CQmun Court Family Division Court Services Salaries 18,38000 34,13400 10100 3010402 111000 722900 Clmmt Court Famlly Dlvlslon Court Services Fringe Benefit Adjustment 655000 12,18200 10100 3010403 121240 702010 Circuit Court Family Division Judicial Support Salaries 34,58000 64,22000 10100 3010403 121240 722900 Cucmt Court Family Division Judicial Support Fringe Ben6@Adjustment 12,34500 2292600 10100 3010403 136080 702010 Cimult Court Family Dlmsen Jutliclal Support Salanes 3,89300 7,23100 10100 3010403 136080 722900 Cimult Court Family Dlvlslon Junloal Support Fringe Bene0t Adjustment 1 390 00 2 581 00 Total Expenditures 97,17900 180.476001 IGsnarel Fund(910100) IExpenclause 10100 9090101 198030 740142 Non Departmental Salary Adustment Be..,. (10,362 00) (9,622 00) 10100 9010101 112]00 786001 20293 Non Departmental Transfer Out CCF#20293 1036200 962200 Total Expenditures - - I Child care Fund I#202931 Iftevenuea I 20293 9090101 112700 695500 10100 Non Departmental Transfers ln-General Fund 5,181 00 9,622 00 20293 9010101 112]c0 615359 Non Departmental Child Care Revenue Subsdv 5161 00 9 622 00 Total Revenues 10,362.00 19,244al) (Essential 20293 3010402 113310 702010 Cloud Court Family Divlsmn Court Services Salons 5,43900 10,10100 20293 3010402 113310 722900 Circuit Court Family Divlsian Court Services Fringe Benefit Adjustment 1,94100 3.60500 20293 3010402 121200 702010 Uncurl Count Family Divlsmn Court Servkes Selene. 2,19700 4,08000 20293 3010402 121200 722900 Cm if Court Family Division Court Services Fringe Benefit Adjustment 78500 145800 Total Expenditures 10.36200 19,244.001 IGeneralFund Final 001 Exi enditums I 10100 9090101 198030 740142 Nan Departmental Salary Adjustment Reserve (872 00) (1620 00) 10100 9010101 121200 768001 11012 Non Departmental #11012 87200 162000 Total Expenditures - - I Judicial Grants Fund 1p110121 (Revenues 11012 9090101 121200 695500 10100 Non Departmental TransfersIn General Fund 87200 1 620 00 TototallRev Revenuues 1 B72.00 1,620.00 IExpanelturea ( F��4�o00 11012 3010301 121200 702010 Circuit court civil Cnmmel Saltines 1 19400 11012 3010301 121200 ]22900 Circuit Court Civil Criminal Fringe Benefit Adjustment00 42600 Total Expenditures I8]200 1.62000 OAKLAND COUNTY CIRCUIT COURT/FAMILY COURT MICHIGAN AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, COUNCIL 25, LOCAL 2437 COLLECTIVE BARGAINING AGREEMENT October 1, 2018 — September 30, 2021 TABLE OF CONTENTS AGREEMENT PAGE 3 ARTICLE I RECOGNITION PAGE 3 ARTICLE I1 PUPOSE AND INTENT PAGE 3 ARTICLE III MANAGEMENT RIGHTS PAGE 4 ARTICLE IV ADOPTION BY REFERENCE OF RELEVANT PERSONNEL POLICIES PAGE 4 ARTICLE V AID TO OTHER UNIONS PAGE 4 ARTICLE VI DUES CHECK -OFF PAGE 4 ARTICLE VII NO STRIKE -NO LOCKOUT PAGE 5 ARTICLE VIII BASIS OF REPRESENTATION PAGE 5 ARTICLE IS GRIEVANCE PROCEDURE PAGE 6 ARTICLE X BULLETIN BOARD PAGE 8 ARTICLE XI SENIORITY PAGE 8 ARTICLE XII LAYOFF, RECALL AND TRANSFERS PAGE 9 ARTICLE XIII TEMPORARY CHANGE OF RATE PAGE 9 ARTICLE XIV PROMOTIONS PAGE 9 ARTICLE XV GENERAL CONDITIONS PAGE 10 ARTICLE XVI MAINTENANCE OF CONDITIONS PAGE 12 ARTICLE XVII ECONOMIC MATTERS PAGE 12 ARTICLE XVIII RESOLUTION OF ALL MATTERS PAGE 12 ARTICLE XIX DURATION PAGE 12 EMERGENCY MANAGER CLAUSE PAGE 13 APPENDIX A WAGES PAGE 14 APPENDIX B PAGE 16 APPENDIX C PAGE 19 2 sir This Agreement entered into this day of , 2018, by and between the Oakland County Family Court (hereinafter referred to as the "Employer") and MICHIGAN AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, Council 25, Local 2437 (hereinafter jointly referred to as the "Union" and individually referred to as the Local Union Number). RECOGNITION The Employer recognizes the Union as the exclusive representative of the employees of the Oakland County Family Court 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 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, II 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 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 politics 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. 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 4 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. (e) The Employer agrees to deduct from the wages of any employee who is a member of this Union a P.E.O.P.L.E. (Public Employees Organized to Promote Legislative Equality) deduction as provided for in a written authorization, in accordance with a standard form provided that the said form shall be executed by the employee. This deduction may be revoked by the employee at any time by giving written notice to both the Employer and the Union. 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. Vill 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. 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. — Bargaininu 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 is 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. TX 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 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 I 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 6 (excluding Saturday, Sunday and holidays). employee and his/her Steward and receipt supervisor. The written grievance must be signed by the acknowledged by the employee's immediate 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 (5) 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 (5) 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 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 a 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 Family 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 7 (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: (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/l/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; (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. XTT 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 employee 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 When an employee's temporary assignment includes taking over the ultimate responsibilities inherent in a higher level job, the base salary for the classification assigned will be paid to the employee during the period the employee is required to work in the higher classification. In the event the base rate of the higher classification is lower than the employee's regular rate of pay, the employee will be paid the next higher step that provides an increase over his/her regular rate. This provision shall not be applied to a temporary assignment that shall last in excess of 30 days. In such instances, the provisions of Merit Rule 4.10 regarding Temporary Change of Rate shall be followed. XIV PROMOTIONS (a) Promotions made within the bargaining unit shall be carried out in a manner consistent with the provisions of the Oakland County Merit System. (b) Any opportunity for possible promotion within the bargaining unit shall be posted. Notice will be sent to the Local Union President or his/her designee for posting on the Union bulletin board. (c) All employees represented by this bargaining unit who meet the minimum qualifications shall have the opportunity to apply. 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 Family 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 System. 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 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. Mailers 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. 10 A representative of Council 25 or a representative of the International Union may attend the special conference. Section 6. If a medical divergence of opinion occurs between the employee's doctor and Employer'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/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 by the Employer. Employees shall be eligible to request utilization of this provision only upon posting an amount with the Employer sufficient to cover his/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 disagrees on the necessity of the third opinion, the disagreeing party will provide a letter of explanation to the party for purposes of communication. Section 7. Any employee required to work overtime which is not contiguous to the employee's regular work schedule shall be entitled to a minimum of two(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.) Section 8. 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 9. 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. Section 10. Overtime eligibility status for all Youth & Family Caseworker I & 11, Youth Assistance Caseworker I & ii and Court Service Officer I & Il will be non-exempt. They shall be excluded from the provisions of Merit Rule 2.10.1.2. 11 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. XVTI ECONOMIC MATTERS Wages and Fringe Benefits are attached hereto as Appendix A and Appendix B. XVTTT 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. XTX DURATION This agreement shall remain in full force and effect until midnight, September 30, 2021. 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 dale, 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 Family Court. The Union recognizes the right and duty of the Family Court to operate and manage its jurisdiction of the Oakland County Family Court. The Union recognizes the right and duty of the Family 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. 12 EMERGENCY MANAGER CLAUSE An emergency manager appointed under the Local Financial Stability and Choice Act, 2012 PA 436, MCL 141.1541 to 141.1575 shall be allowed to reject, modify or terminate the collective bargaining agreement as provided in the Local Financial Stability Choice Act. MICHIGAN AMERICAN FEDERATION OF OAKLAND COUNTY CIRCUIT COURT STATE, COUNTY AND MUNICIPAL EMPLOYEES (AFSCME) COUNCIL 25, LOCAL 2437 13 Nanci J. Grant, Chief Circuit Court Judge OAKLAND COUNTY BOARD OF COMMISSIONERS Michael J. Gingell, Chairperson CIRCUIT COURT/FAMILY COURT APPENDIX A FY 2019 WAGES Classification Base 1 year 2 year 3 year I year 5 year 6 year Account Clerk 1 1240.00 1314.93 1389.97 1465.01 1540.05 1615.16 Account Clerk If 1375.45 1458.66 1541.89 1624.95 1708.28 1791.28 Business Analyst 1512.09 1603.31 1694.77 1786.07 1877.52 1968.83 Case Management Coordinator 1662.76 1762.98 1863.48 1963.92 2064.31 2164.62 Cashier 1240.00 1314.93 1389.97 1465.01 1540.05 1615.16 Clerk 1020.17 1084.25 1152.40 1220.75 1288.99 1357.38 1425,41 Court Reporter I 1710.21 1813.28 1916.86 2019.99 2123.51 2226.52 Court Reporter 11 1880.33 1993.81 2107.18 2220.92 2334.37 2447.66 Court Service Officer I 1375.45 1458.66 1541.89 1624.95 1708.28 1791.28 Court Service Officer H 1512.09 1603.31 1694.77 1786.07 1877.52 1968.83 Deputy Register 1305.80 1384.68 1463.75 1542.69 1621.58 1700.66 Deputy Register B 1403.09 1487.99 1572.88 1657.60 1742.61 1827.29 General Clerical 1008.41 Office Assistant 1129.80 1199.51 1269.29 1339.08 1409.00 1478.82 Office Assistant11 1240.00 1314.93 1389.97 1465.01 1540.05 1615.16 Office Leader 1375.45 1458.66 1541.89 1624.95 1708.28 1791.28 Personal Protection Order Liaison 2009.93 2131.10 2252.50 2373.69 2494.87 2616.01 Secretary I 1305.80 1384.68 1463.75 1542.69 1621.58 1700.66 Technical Assistant 1512.09 1603.31 1694.77 1786.07 1877.52 1968.83 Youth & Family Caseworker 1791.63 1899.56 2007.85 2115.85 2223.93 2332.20 14 Youth & Family Caseworker11 2069.03 2193.88 2318.56 2443.66 2568.45 2693.40 Youth Assistance Caseworker 1791.63 1899.56 2007.85 2115.85 2223.93 2332.20 Youth Assistance Caseworker II 2069.03 2193.88 2318.56 2443.66 2568.45 2693.40 Fiscal Year 2019 - 2% wage increase. Should a general wage increase greater than 2% be provided to the general, non -represented employee groups then this bargaining unit would be entitled to the same increase at the same time and in the same manner. Fiscal Year 2020 — Wage Reopener only. Fiscal Year 2021 - 1% wage increase. Should a general wage increase greater than 1% be provided to the general, non- represented employee groups then this bargaining unit would be entitled to the same increase at the same time and in the same manner. 15 CIRCUIT COURT/FAMILY 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. 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 Rule Book. II (a) Employees required to drive their personal vehicle on official Family Court business shall receive mileage reimbursement in accordance with the current IRS rate. (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. 16 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 Caseworker I & Youth & Family Caseworker II (3) Youth Assistance Caseworker I & Youth Assistance Caseworker II (4) Court Service Officer I and Court Service Officer IT (5) Deputy Register I & Deputy Register II (6) Court Reporter I and Court Reporter If No vacancy must exist at the "IF' 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 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. HEALTH CARE BENEFITS All Health Care Benefits set forth herein are subject to the employee contribution where applicable and to the terms and conditions of the plan. The Employer has the right to select and change any and all plans/policies, insurance benefits, plan providers or third party administrators provided the benefits stated herein remain substantially the same. All benefits set forth apply to active employees and their dependents only. (a) Effective January 1, 2014, (or as soon as administratively practical) employees in this bargaining unit with coverage shall be covered under one of the Medical Care plans as described in Appendix C . (b) Employees in this bargaining unit shall make Medical Care contributions (contributions are bi-weekly and pre-tax) in accordance with the Medical Care plan they select. (c) Healthcare 2019, 2020 and 2021: Any benefit modifications implemented on a Countywide basis to general, non -represented employees to take effect during the calendar years 2019, 2020 and 2021 shall be applied to employees represented in this bargaining unit at the same time and in the same manner. 17 EMPLOYEE BENEFITS Any employee benefit modifications implemented on a countywide basis to general, non - represented employees, to take effect during calendar years 2019, 2020 and 2021 shall be applied to employees represented by this bargaining unit at the same time and in the same manner. RETIREMENT BENEFITS Any retirement modifications implemented on a countywide basis to general, non -represented employees, to take effect during calendar years 2019, 2020 and 2021 shall be applied to employees represented by this bargaining unit at the same time and in the same manner. Deferred Compensation — Increase the 457 Deferred Compensation match for participating represented employees from $300 to $500 effective January 1, 2017. 18 APPENDIX C Attached hereto is the Medical Options Comparison chart for illustrative purposes. 19 IJob.profile (Youth & Family Caseworker 1-021 (Youth & Family Caseworker 11-021 (Office Assistant II-021 Deputy Register 1-021 1 Deputy Register II-021 �Office Leader-021 �Office Assistant 1-021 (Youth Assistance Caseworker II-021 (Youth Assistance Caseworker 1-021 1 Business Analyst-021 1Technical Assistant-021 # of employees 1 5 1 24 I 1 1 8 I 2 I 5 1 19 IC.urtentNticant'Positions Count (Office Assistant 1-021 1 Wersonal Protection Order Liai-021 1 (Youth & Family Caseworker II-021 1 I 1UNDERFILLING A TECHNICAL ASST I Resolution #21096 March 25, 2021 Moved by Weipert seconded by Luebs the resolutions on the amended Consent Agenda be adopted. AYES: Charles, Gershenson, Gingell, Hoffman, Jackson, Joliat, Kochenderfer, Kowall, Kuhn, Long, Luebs, Markham, McGillivray, Miller, Moss, Nelson, Powell, Spisz, Weipert, Woodward, Cavell. (21) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions on the amended Consent Agenda were adopted. I HEREBY APPROVE THE FOREGOING RESOLUTION 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 March 25, 2021, 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 25th day of March 2021. Lisa Brown, Oakland County