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HomeMy WebLinkAboutResolutions - 2021.11.10 - 34996q01AKLANUFL- CO U N T Y M I CHI G AN BOARD OF COMMISSIONERS November 10, 2021 AHSCELLANEOIIS RESOLUTION #21-451 Sponsored By: Kristen Nelson IN BE: Fiscal Years 2022. 2023, 2024, and 2025 Collective Bargaining Agreement for Employees Represented by the Michigan American Federation of State, County and Municipal Employees (AFSCNIE), Council 25, Local 2437, Representing Circuit Court/Family Court Employees Chairperson and Members of the Board: WHEREAS the County of Oakland. the Oakland County Circuit C'ourtTamily Court and the iv'lichigan American Federation of State, County and Municipal Employees (AFSCME) Council 25, Local 2437. have negotiated a four-year Collective Bargaining Agreement covering approximately eighty-nine (89) Circuit Court/Family Court employees for the period of October 1, 2021 through September 30, 2025: and WHEREAS this agreement addresses general wage increases for Fiscal Years 2022, 2023, 2024, and 2025, creates one (1) new classification, changes the salary range of two (2) classifications. and accepts changes to fringe benefits impacting Fiscal Years 2022, 2023. and 2025; and WHEREAS this agreement provides that any other employee benefit modifications and/or other retirement benefit modifications (with the exception of an increase in the 457 match) implemented on a countywide basis to general, non -represented employees that take effect during the duration of this Collective Bargaining Agreement shall be applied to employees represented by this bargaining unit at the same time and in the same manner: and WHEREAS the total estimated cost for the increase for represented positions by the American Federation of State, County and Municipal Employees is S 162,874 for FY 2022 — 2024: and WHEREAS the FY 2022 — FY 2024 financial impact to the Fringe Benefit Fund (#67800) is S4.450 for the annual Wellness Incentive increase, which will be offset entirely by the Non -Departmental Fringe Benefits Fund Budgeted Equity Adjustment Line Item: and WHEREAS FY 2022 finding for a portion of the salary increase, $136,008. will be offset by the Non - Departmental General Fluid Planned Use of Balance and for FY 2023 — FY 2024 will be offset by Non - Departmental General Fund Contingency Line Item (Account i4730359): and WHEREAS FY 2022 funding for the Child Care Fund. totaling $21416. in which the salary increase of $11,208 will be partially (50%) provided by the Non -Departmental General Fund Planned Use of Balance and the other half (50%) from the Child Care Subsidy revenue line: also. for FY 2023 — FY 2024 a portion of the funding. totaling S 11,208, will be partially provided by the lion -Departmental General Fund Contingency Line Item (Account #730359) and the other half (50° o) from the Child Care Subsidv revenue line item. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the proposed Collective Bargaining Agreement between 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, covering the period of October 1. 2021 through September 30. 2025, and that the Board Chairperson, on behalf of the County of Oakland, is authorized to execute said agreement as attached. BE IT FURTHER RESOLVED that the FY 2022 — 201_4 budgets are amended as detailed in the attached Schedule "A". Chairperson, the folloNving Commissioners are sponsoring the foregoing Resolution: Kristen Nelson. (Wl�� d Date: November 16, 2021 David Woodward, Commissioner tuA ^^� Date: November 16, 2021 Hilarie Chambers. Deputy County Executive II Date: November 17. 2021 Lisa Brown, County Clerk t Register of Deeds COMMITTEE TRACKING 2021-11-02 Legislative Affairs & Government Operations - recommend and forward to Finance 2021-11-03 Finance - recommend to Board 2021-11-10 Full Board VOTE TRACKING Motioned by Commissioner Christine Long seconded by Commissioner Kristen Nelson to adopt the attached Collective Bargaining Agreement: Fiscal Years 2022, 2023, 2024, and 2025 Collective Bargaining Agreement for Employees Represented by the Michigan American Federation of State. County and Municipal Employees (AFSCME). Council 25, Local 2437, Representing Circuit Court,'Farnily Court Employees. Yes: David Woodward, Michael Gingell, Michael Spisz. Karen Joliat, Kristen Nielson. Eileen Koivall, Christine Long, Philip Weipert, Gwen Markham. Angela Powell, Chuck Moss, Marcia Gershenson, Yolanda Smith Charles, Charles Cavell, Penny Luebs, Janet Jackson. Robert Hoffman. Adam Kochenderfer t 18) No: None (0) Abstain: None (0) Absent: (0) The Motion Passed. ATTACHMENTS L Schedule A - HR Dept AFSCME 2021-2025 Employee Costing 2. HR Dept AFSCME 2021-2025.Sunnnary 3. HR Dept AFSCME 2021-2025.CBA 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 November 10. 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 on Wednesday, November 10, 2021. Lisa Brown, Oaklarrd Corruh' Clerk,, Register of Leeds Schedule "A" Wage/Fringe Benefit Salary and Fringe Benefit increase for employees represented by AFSCME Account Fund Fund Dept# Program Number I Affiliate Cost Center Fringe Benefits Fund (67800) Expenditures 67800 1050521 183192 732148 HR Wellness 67800 9011501 183190 796500 Non Dept Fringe Beneftc General Fund (#10100) Revenues 10100 9010101 196030 665882 Expenditures 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 9090101 196030 730359 General Fund (#10100) Revenues 10100 9010101 196030 665882 General Fund (#101 DO) Expenditures Non Departmental Account Description I FY 2022 FY 2023-2024 Wellness Screenings Budgeted Equity Adjustment Total Revenues Planned Use of Balance Total Revenues Circuit Court Family Division Court Services Salaries Circuit Court Family Division Court Services Fringe Benefit Adjustment Circuit Court Family Division Court Services Salaries Circuit Court Family Division Court Services Fringe Benefit Adjustment Circuit Court Family Division Judicial Support Salaries Circuit Court Family Division Judicial Support Fringe Benefit Adjustment Circuit Court Family Division Judicial Support Salaries Circuit Court Family Division Judicial Support Fringe Benefit Adjustment Non Departmental Contingency Total Expenditures Non Departmental 10100 9090101 196030 730359 Non Departmental 10100 9010101 112700 788001 20293 Non Departmental Child Care Fund (#20293) Revenues 20293 9090101 112700 695500 10100 Non Departmental 20293 9010101 112700 615359 Non Departmental Expenditures 20293 3010402 113310 702010 20293 3010402 113310 722900 20293 3010402 121200 702010 20293 3010402 121200 722900 Planned Use of Balance Total Revenues Contingency Transfer Out-CCF #20293 Total Expenditures Transfers In -General Fund Child Care Revenue Subsidy Total Revenues Circuit Court Family Division Court Services Salares Circuit Court Family Division Court Services Fringe Benefit Adjustment Circuit Court Family Division Court Services Salaries Circuit Court Family Division Court Services Fringe Bell Adjustment Total Expenditures 4,450.00 4.450.00 (4,45000) (4,450.00) 136,008.00. - 136,008.00 - 34,463.00 17,875 00 44,365.00 23,013.00 5,013.00 3,053.00 5,23700 2,98900 136,008.00 11,208 00 11,208.00 34,463.00 17,875.00 44,365.00 23,013 00 5,013.00 3,053.00 5,237.00 2,989.00 (136,008.00) t 1,208.00, 71,208.00 11,208.00 - 11.208.00 11,208.00 11 208.00 17 208.00 22,416.00 22,416.00 12,349 00 5,88900 2,971 00 1,207.00 22,416.00 12,349 00 5,889.00 2,971 00 1,207.00 22,416.00 DURATION: ECONOMIC: Contractual: Wages: SUMMARY OF AGREEMENT BETWEEN THE COUNTY OF OAKLAND, THE OAKLAND COUNTY CIRCUIT COURT AND THE A.F.S.C.M.E., LOCAL 2437 OCTOBER 2021 4 years October 1, 2021 — September 30, 2025 FY 2022 2% wage increase. Deputy Register II classification will be increased to a grade 112 Youth Assistance Caseworker II classification will be increased to a grade 119. Youth & Family Caseworker II classification will be increased to a grade 119. Create a Juvenile Court Support Specialist classification The County will explore additional potential equity adjustments for those employees who "max out in their classification". Should the general non -represented employee group receive an equity adjustment due to a "max out in their classification" the AFSCME represented employees will receive the same incentive and will follow the same parameters in conformance with the rules set forth in the equity adjustment program. FY 2023 2% wage increase or "Me Too"; 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 applied at the same time and in the same manner. FY 2024 2% wage increase or "Me Tod'; 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 applied at the same time and in the same manner. Benefits FY 2025 1 % or "Me Too"; 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 applied at the same time and in the same manner. Healthcare: 2022, 2023, 2024 and 2025: FY 2022 Internal Control changes to healthcare as presented in negotiations. FY 2023 Increase employee bi-weekly contributions by $10 FY 2024 No changes FY 2025 Increase employee prescription co -pays to $10/$30/$50 Emplovee Benefits: Any employee benefit modifications implemented on a countywide basis to general, non -represented employees, to take effect during calendar years 2022, 2023, 2024 and 2025 shall be applied to employees represented by this bargaining unit at the same time and in the same manner. County to increase annual Wellness Incentive from $100 to $150 Retirement Benefits: Any retirement modifications implemented on a countywide basis to general, non -represented employees, to take effect during calendar years 2022, 2023, 2024 and 2025 shall be applied to employees represented by this bargaining unit at the same time and in the same manner. Deferred Compensation — Members of the bargaining unit will not be eligible for an increase in the 457 County match for the life of this collective bargaining agreement. OAKLAND COUNTY CIRCUIT COURT/FAMILY COURT m MICHIGAN AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, COUNCIL 25, LOCAL 2437 COLLECTIVE BARGAINING AGREEMENT October 1, 2021— September 30, 2025 TABLE OF CONTENTS AGREEMENT PAGE 3 ARTICLE I RECOGNITION PAGE 3 ARTICLE iI 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 IX GRIEVANCE PROCEDURE PAGE 6 ARTICLE X BULLETIN BOARD PAGE 8 ARTICLE XI SENIORITY PAGE 8 ARTICLE XIl 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 AGREEMENT This Agreement entered into this day of , 2021, 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). I 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. 3 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. 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 0 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. 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 workstations 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. — 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 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. 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 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 0 (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 (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. hi 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 workdays 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: (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 I/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 I/l/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. 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 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. 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. 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 workload 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 & I1 and Court Service Officer I & 11 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. 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. XIX DURATION This agreement shall remain in full force and effect until midnight, September 30, 2025. 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 parry 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 Shalina Kumar, Chief Circuit Court Judge OAKLAND COUNTY BOARD OF COMMISSIONERS David T. Woodward, Chairperson 13 FY 2022 WAGES Classification Business Analyst Case Management Coordinator Court Reporter Court Service Officer Deputy Register I Deputy Register II Financial Services Tech I Financial Services Tech II General Clerical Office Leader Office Support Clerk Office Support Clerk Senior Personal Protection CIRCUIT COURT/FAMILY COURT APPENDIX A Base 1 year 2 year 3 year 4 year 5 year 6 year 45,266 47,529 49,906 52,400 55,021 57,772 60,647 49,906 52,400 55,021 57,772 60,660 63,694 66,864 55,021 57,772 60,660 63,694 66,878 70,222 73,717 41,057 43,110 45,266 47,529 49,906 52,400 55,009 37,240 39,103 41,057 43,110 45,266 47,529 49,894 42,899 45,044 47,296 49,661 51,647 54,230 57,476 35,466 37,240 39,102 41,057 43,109 45,266 47,519 41,057 43,110 45,266 47,529 49,906 52,400 55,009 15.3162 15.8615 16,4063 16.9516 17.4969 18,0418 37,240 39,103 41,057 43,110 45,266 47,529 49,894 31,847 33,440 35,111 36,868 38,711 40,646 43,101 35,466 37,240 39,102 41,057 43,109 45,266 47,519 Order Liaison 55,456 Secretary 41,057 Technical Office Specialist 41,057 Youth & Family Caseworker I 55,080 Youth & Family Caseworker II 57,489 Youth Assistance Caseworker I 55,080 Youth Assistance Caseworker II 57,489 57,675 59,992 62,381 65,500 68,775 72,180 43,110 45,266 47,529 49,906 52,400 55,009 43,110 45,266 47,529 49,906 52,400 55,009 57,008 58,718 60,480 62,899 63,718 64,992 60,363 63,382 66,551 69,878 73,722 77,023 57,008 58,718 60,480 62,899 63,718 64,992 60,363 63,382 66,551 69,878 73,722 77,023 14 Fiscal Year 2022 - 2% wage increase. Deputy Register II classification will be increased to a grade 112 Youth Assistance Case Worker II classification will be increased to a grade 119 Youth & Family Case Worker II classification will be increased to a grade 119 Create a classification — Juvenile Court Support Specialist. The County will explore additional potential equity adjustments for those employees who "max out in their classification". Should the general non -represented employee group receive an equity adjustment due to a "max out in their classification" the AFSCME represented employees will receive the same incentive and will follow the same parameters in conformance with the rules set forth in the equity adjustment program. Fiscal Year 2023 — 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 2024 - 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 2025 1% wage increase. Should a general wage increase greater than 1% be provided to 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: 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 II (5) Deputy Register I & Deputy Register II (6) Court Reporter I and 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 "F' 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/l/95 the Defined Contribution Retirement Plan as adopted by the Board of Commissioners and in effect for non -represented employees as of 1/l/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. Healthcare: FY 2022 Internal Control changes to healthcare as presented in negotiations FY 2023 Increase employee bi-weekly contributions by $10 FY 2024 No changes FY 2025 Increase employee prescription co -pays to 10/$30/$50 17 EMPLOYEE BENEFITS Any employee benefit modifications implemented on a countywide basis to general, non - represented employees, to take effect during calendar years 2022, 2023, 2024 and 2025 shall be applied to employees represented by this bargaining unit at the same time and in the same manner. Increase annual Wellness incentive from $100 to $150 for eligible participating members. RETIREMENT BENEFITS Any retirement modifications implemented on a countywide basis to general, non -represented employees, to take effect during calendar years 2022, 2023, 2024 and 2025 shall be applied to employees represented by this bargaining unit at the same time and in the same manner. Deferred Compensation — Declined increasing the 457 Deferred Compensation match for participating represented employees from $500 to $1500 for the life of this contract. is APPENDIX C Attached hereto is the Medical Options Comparison chart for illustrative purposes. 19