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HomeMy WebLinkAboutResolutions - 2022.03.10 - 35346BOARD OF COMMISSIONERS March 10, 2022 MISCELLANEOUS RESOLUTION #22-067 Sponsored By: Kristen Nelson IN RE: Human Resources - Collective Bargaining Agreement Fiscal Years 2022, 2023, 2024, and 2025 with the Michigan Association of Public Employees (MAPE) for Non -Supervisory Employees in Children's Village Chairperson and Members of the Board: WHEREAS the County of Oakland and the Michigan Association of Public Employees (MAPE) entered into a Collective Bargaining Agreement covering approximately 120 Children's Village non -supervisory employees; and WHEREAS the parties agreed to a four (4) year Collective Bargaining Agreement for the period October 1, 2021, through September 30, 2025; and WHEREAS the parties have agreed to classification -based wage increases from 2% to 4% for Fiscal Year 2022, as well as a 2% Equity Adjustment on total compensation from October 1, 2021, to the BOC meeting in 2022 approving the Collective Bargaining Agreement; and WHEREAS the funding for the salary increase will partially (50%) be funded from an increase in revenue line item Out County Board and Care of $150,130 for FY 2022 and $91,417 for FY 2023 - FY 2024 and the other half (50%) from the Child Care Subsidy revenue line item within the Child Care Fund (#20293); and WHEREAS the parties have agreed to terms pertaining to general wage increases for Fiscal Years 2023, 2024, and 2025, special assignment premiums, salary step placements, Compensatory Time, healthcare and retirement benefits, professional license reimbursement, clothing and uniform allowance, and promotional opportunity job postings; and WHEREAS the County agreed to explore equity adjustments for 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 members of this bargaining unit will receive the same incentive and will follow the same parameters in conformance with the rules set forth in the equity adjustment program; and WHEREAS the terms and conditions of this agreement are detailed in the attached Collective Bargaining Agreement (Schedule B). NOW THEREFORE BE IT RESOLVED that the Board of Commissioners approves the proposed Collective Bargaining Agreement between the County of Oakland and the Michigan Association of Public Employees, covering the period of October 1, 2021, through September 30, 2025, for non -supervisory employees in Children's Village as detailed in the attached Schedule B. BE IT FURTHER RESOLVED the Board Chairperson, on behalf of the County of Oakland, is authorized to execute said agreements as attached. BE IT FURTHER RESOLVED the FY 2022 FY 2024 budgets are amended as detailed in the attached Schedule A. Chairperson, the following Commissioners are sponsoring the foregoing Resolution: Kristen Nelson. Date: March 10, 2022 David Woodward, Commissioner �nz y Date: March 21, 2022 Lisa Brown, County Clerk / Register of Deeds COMMITTEE TRACKING 2022-03-01 Legislative Affairs & Government Operations - recommend and forward to Finance 2022-03-02 Finance - recommend to Board 2022-03-10 Full Board VOTE TRACKING Motioned by Commissioner Penny Luebs seconded by Commissioner Charles Cavell to adopt the attached Collective Bargaining Agreement: Fiscal Years 2022, 2023, 2024, and 2025 with the Michigan Association of Public Employees (MAPE) for Non -Supervisory Employees in Children's Village. Yes: David Woodward, Michael Spisz, Karen Joliat, Kristen Nelson, Eileen Kowall, Christine Long, Philip Weipert, Gwen Markham, Angela Powell, Thomas Kuhn, Chuck Moss, Marcia Gershenson, William Miller III, Yolanda Smith Charles, Charles Cavell, Penny Luebs, Janet Jackson, Gary McGillivray, Robert Hoffman, Adam Kochenderfer (20) No: None (0) Abstain: None (0) Absent: (0) The Motion Passed. ATTACHMENTS 1. Schedule A - Budget Amendment 2. Schedule B - Collective Bargaining Agreement: 2022 - 2025 3. Schedule B - Summary of Agreement 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 10, 2022, 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 Thursday, March 10, 2022. Lisa Brown, Oakland County Clerk/Register of Deeds Oakland County, Michigan HUMAN RESOURCES DEPARTMENT -FISCAL YEARS 2022, 2023, 2024 AND 2025 SUPPLEMENTAL COLLECTIVE BARGAINING AGREEMENTS FOR EMPLOYEES REPRESENTED BY THE MICHIGAN ASSOCIATION OF PUBLIC EMPLOYEES (MARE), REPRESENTING IDENTIFIED CHILDREN'S VILLAGE EMPLOYEES Schedule "A" DETAIL Oper'On, Fund Budget Project FY 2022 FY 2023 FY 2024 WE Fund Name Division Name Fund # Division # Program # g Account # UNt OU Affiliate Reference Umt Project # Activity Analysis Account Title Amendment Amendment Amendment R Child Care fund Children s Village 20293 1070701 112090 631435 Out County Board and Care $ 150,130 $ 91 417 $ 91,417 R Child Care fund Non Departmental 20293 9010101 112700 615359 Child Care Revenue Subsidy 150,130 91,417 91,417 Total Revenues $ 300,260 $ 182,834 $ 182,834 E Child Care fund Children'a Village 20293 1070701 112010 702010 Salaries Regular $ 8,760 $ 8,760 $ 8,760 E Child Care fund Children's Village 20293 1070701 112010 722900 Fringe Benefit Adjustment 3066 3,066 3066 E Child Care fund Children's Village 20293 1070701 112030 702010 Salanes Regular 14,874 8,327 8,327 E Child Care fund Children's Village 20293 1070701 112030 722900 Fringe Benefit Adjustment 5,207 2915 2,915 E Child Care fund Chldren's Village 20293 1070701 112050 702010 Salaries Regular 48,274 26,476 26,476 E Child Care fund Children's Village 20293 1070701 112050 722900 Fringe Benefit Adjustment 16,900 9,269 9.269 E Child Care fund Children's Village 20293 1070701 112070 702010 Salaries Regular 19806 9,903 9903 E Child Care fund ChIdrems Village 20293 1070701 112070 722900 Fringe Benefit Adjustment 6,934 3.467 3,467 E Child Care fund Children's Village 20293 1070701 112100 702010 Salaries Regular 8,127 8,127 8127 E Child Care fund Children, Village 20293 1070701 112100 722900 Fringe Benefit Adjustment 2,845 2,845 2,845 E Child Care fund Children's Village 20293 1070701 112170 702010 Salaries Regular 13,084 13,084 13,084 E Child Care fund Childrena Village 20293 1070701 112170 722900 Fringe Benefit Adjustment 4,580 4,580 4,580 E Child Carefund Children's Village 20293 101 112190 702010 Salaries Regular 3,144 1572 1,572 E Child Care fund Children's Village 20293 1070701 112190 722900 Fringe Benefit Adjustment 1,100 550 550 E Child Care fund Children's Village 20293 1070701 112450 702010 Salaries Regular 14,580 $180 8180 E Child Care fund Chddren's Village 20293 1070701 112450 7229DO Fringe Benefit Adjustment 5,104 2,863 2,863 E Child Care fund Children's Village 20293 1070701 112480 702010 Salaries Regular 14,874 8,327 8,327 E Child Care fund Children's Village 20293 1070701 112480 722900 Fringe Benefit Adjustment 5,207 2,915 2,915 E Child Care fund Children's Village 20293 1070701 112500 702010 Salanes Regular 10,355 6,067 6,067 E Child Carefund Children. Village 20293 1070701 112500 722900 Fringe Benefit Adjustment 3,625 2,124 2,124 E Child Care fund Children' a Village 20293 1070701 112520 702010 Salaries Regular 11,797 634l 634m E Child Care fund Children' a Village 20293 1070701 112520 722900 Fringe Benefit Adjustment 4,130 2,220 2,220 E Child Care fund Children'a Village 20293 1070701 112540 702010 Salaries Regular 10,312 5S48 S948 E Child Care fund Children's Village 20293 1070701 112540 722900 Fringe Benefit Adjustment 3,610 2082 2, 082 E Child Care fund Children's Village 20293 1070701 112560 702010 Salaries Regular 885 885 885 E Child Care fund Children's Village 20293 1070701 112560 722900 Fringe Benefit Adjustment 310 310 310 E Child Care fund Children's Village 20293 1070701 131010 702010 Salaries Regular 43,531 23,429 23,429 E Child Care fund Children's Village 20293 1070701 131010 722900 Fringe Benefit Adjustment 15239 8,202 8,202 Total Expenditures $ 300,260 $ 182,834 $ 182,834 THE COUNTY OF OAKLAND AND MICHIGAN ASSOCIATION OF PUBLIC EMPLOYEES COLLECTIVE BARGAINING AGREEMENT October 1, 2021—September 30, 2025 TABLE OF CONTENTS AGREEMENT PAGE 1 ARTICLE I RECOGNITION PAGE 1 ARTICLE II PURPOSE AND INTENT PAGE 1 ARTICLE III MANAGEMENT RIGHTS PAGE 2 ARTICLE IV ADOPTION BY REFERENCE OF RELEVANT RESOLUTIONS AND PERSONNEL POLICIES PAGE 2 ARTICLE V AID TO OTHER UNIONS PAGE 2 ARTICLE VI DUES CHECK -OFF PAGE 2 ARTICLE VII NO STRIKE - NO LOCKOUT PAGE 3 ARTICLE VIII BASIS OF REPRESENTATION PAGE 3 ARTICLE IX DISCIPLINE PAGE 4 ARTICLE X GRIEVANCE PROCEDURE PAGE 6 ARTICLE XI BULLETIN BOARD PAGE 9 ARTICLE XI SENIORITY PAGE 9 ARTICLE XIII LAYOFF, RECALL AND TRANSFERS PAGE 9 ARTICLE XIV TEMPORARY CHANGE OF RATE PAGE 10 ARTICLE XV PROMOTIONS PAGE 10 ARTICLE XVI GENERAL CONDITIONS PAGE 10 ARTICLE XVII MAINTENANCE OF CONDITIONS PAGE 11 ARTICLE XVIII HOLIDAY LEAVE PAGE 12 ARTICLE XIX ECONOMIC MATTERS PAGE 12 ARTICLE XX RESOLUTION OF ALL MATTERS PAGE 12 ARTICLE XXI SAVINGS CLAUSE PAGE 12 ARTICLE XXII DURATION PAGE 13 EMERGENCY MANAGER CLAUSE PAGE 13 APPENDIX A WAGES PAGE 14 APPENDIX B FRINGE BENEFITS PAGE 16 MILEAGE PAGE 16 SHIFT DIFFERENTIAL BONUS PAGE 16 BENEFITS EMPLOYEE, HEALTH, RETIREMENT PAGE 16 OVERTIME PAGE 17 OVERTIME CANCELLATION PAGE 17 COMPENSATORY TIME PAGE 17 SCRUBS PAGE18 APPENDIX C YOUTH SPECIALIST SCHEDULING POLICY PAGE 19 APPENDIX D MEDICAL OPTIONS COMPARISON PAGE 25 AGREEMENT This Agreement is made and entered into on this day of , 2022, by and between the County of Oakland, the Oakland County Children's Village (hereinafter referred to as the "Employer") and the Michigan Association of Public Employees (hereinafter referred to as the "Union'). RECOGNITION The Employer recognizes the Union as the exclusive representative of the following employees of the Oakland County Children's Village 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, pursuant to MERC Case #21-E-1202-RC, 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 Public Acts of 1965. All full-time employees of the Oakland County Children's Village, as listed below, excluding all confidential and supervisory employees. Central Employee Records Coordinator, Children's Village Case Coordinator I and 11, Children's Village Intake Clerk, Financial Services Tech I and 11, First Cook, General Clerical, General Helper, General Staff Nurse, Office Support Clerk, Office Support Clerk Senior, Second Cook, Secretary, and Youth Specialist I and 11. PURPOSE AND INTENT The general purpose of this 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, or in any way be discriminated against because of sex, age, race, color, creed, national origin, political or religious beliefs. Page 1 MANAGEMENT RIGHTS The right to hire, promote, discharge or discipline for just cause, and to maintain discipline and efficiency of employees is the sole responsibility of the Employer except that Union members shall not be discriminated against as such. In addition, the work schedules, methods and means of departmental operations are solely and exclusively the responsibility of the Employer, subject however, to the provisions of this agreement. IV ADOPTION BY REFERENCE OF RELEVANT RESOLUTIONS AND PERSONNEL POLICIES All Resolutions which have been passed by the Oakland County Board of Commissioners, on or before the adoption of this Agreement, relating to the working conditions and compensation of the employees covered by this Agreement, , are incorporated herein by reference and made a part hereof to the same extent as if they were specifically set forth, except as provided and amended by this Agreement. The Union shall receive notice and an opportunity for discussion before any new policies adopted by the Board of Commissioners are applied to the employees of the bargaining unit. All other benefits and rules provided for in the Oakland County Merit System, which incorporates the Oakland County Children's Village Policy Manual, that are not specifically set forth in this Agreement are made a part hereof to the same extent as if they were specifically set forth, except as provided and amended by this Agreement. In the event of a conflict between the Oakland County Merit System Rules and policies and this Agreement, this Agreement shall prevail. V AID TO OTHER UNIONS The Employer agrees not to enter into any agreement with another labor organization during the life of this Agreement with respect to the employees covered by the Agreement with said employees. The Union agrees not to make agreements with any other Union for the purpose of coercing the Employer. VI DUES CHECK OFF To the extent that the laws of the State of Michigan permit, it is agreed that: Employees will be represented by the bargaining unit and may authorize the Employer to deduct appropriate fees or dues to remit to the Union. Upon written authorization from an employee, the Employer shall deduct from the wages, all fees and dues as are prescribed by the Union and/or this Agreement. Such employee and the Union hereby authorize the Employer to rely upon and to honor written certification by the Treasurer of the Union the amounts to be deducted. Page 2 All authorizations delivered to the Employer prior to the first day of the month shall become effective during that succeeding month. Monies will be deducted from the second paycheck of each month and shall be remitted together with an itemized statement to the Union local treasurer within 14 days after the deductions have been made. An employee shall also cease to be subject to dues deductions beginning the month immediately following the month in which the employee is no longer a member of the bargaining unit. In the event a refund is due to an employee for any sums deducted from wages paid to the Union, it shall be the responsibility of such employee to obtain the appropriate refund from the Union. If there is an increase or decrease in the Union dues deductions, as determined and established by the Union, such changes shall become effective upon the second pay period following notice from the Union to the Employer of the new amount(s). The Employer agrees to provide this service without charge to the Union. It is understood and agreed, that the provision for deduction of the dues is for the benefit of the employees requesting same, and the Employer is under no obligation to demand or request that employees authorize such deductions as a condition of employment. The Employer shall advise the Union of all new hires within forty-five (45) days of hire effective date. The Employer shall not be liable to the Union by reason of the requirements of this Agreement for the remittance or payment of any sum other than that constituting actual deductions made from wages earned by employees. The Union will, indemnify and save harmless the Employer from any and all claims, demands, suits and other liability by reasons of action taken or not taken by the Employer for the purpose of complying with this Article. 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 for each shift. Stewards must come from the shift they represent. Should Stewards not be identified internally, MAPE representatives may act as a Steward. Stewards will be released from their work, after obtaining approval of their respective supervisors and recording their time, only for the purpose of adjusting grievances in accordance with the grievance procedure and for reporting to the grievant a change in status of the employee's grievance. Page 3 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. If approval is withheld or unreasonably delayed, the Unit Chairperson or Union Representative shall contact the Human Resources Labor Relations Unit to have the matter reviewed and approval by the Labor Relations Unit if necessary. Section 2 There shall also be on Chief Steward and one Alternate Chief Steward. Should Stewards not be identified internally, MAPE representatives may act as a Steward. Section 3 The Employer agrees to recognize one committee representing all employees of the bargaining unit, such committee shall be composed of not more than three (3) members selected by the Union and submitted in writing to the Employer. Additional bargaining committee members may be allowed provided the grievance warrants it and/or there is a reasonable explanation. The bargaining unit President may participate as an additional member of the bargaining committee. The Union bargaining committee shall have an agent or representative of the MAPS. DISCIPLINE If the Employer has reason to reprimand an employee, it shall be done in a manner that will not embarrass the employee before other employees or the public. Section 1 Whenever a member of the bargaining unit is under investigation or subject to examination or questioning by a supervisor for any reason which could lead to disciplinary action or charges, such investigation or questioning shall be conducted under the following conditions: A. The Employer will advise both the Association and the accused employee of all allegations prior to any questioning when a complaint has been lodged against them. The accused employee may elect to have a Steward present with them at the time of questioning. B. The questioning shall be conducted on an as needed basis. C. The member under investigation shall be informed of the nature of the investigation prior to any questioning. The member under investigation shall not be subjected to nor use abusive language. No promise or reward shall be made as an inducement to answer any questions, nor shall their name, home address or photograph be given to the press or news media without their consent. Page 4 E. The Employer shall provide the Association with all documentation relied upon to take disciplinary action. F. In the case of investigations, the Employee shall be notified when the investigation is opened and closed and whether disciplinary action is being considered. The Employer will attempt to complete an investigation within thirty (30) days. If the investigation is not complete afterthirty (30) days, the Employer will provide status updates to the Union and the employee. Section 2 When imposing discipline the Employer can only take into consideration previous discipline that has occurred within the last two (2) years for written reprimands, and three (3) years for suspensions. Any discipline may be removed from an employee's file upon request by the employee and approval of Human Resources. Section 3 Cause for Discipline or Discharge; No member of this bargaining unit, not on probation, shall be disciplined, up to and including discharge, except for just cause. While it is not possible to detail in this contract, specific discipline for every contingency, it is understood that discipline imposed shall be reasonable. Section 4 Emolovee File. Aftertwo (2) years of the date of issuance, all written reprimands shall be removed from the employee's personnel file, unless the employee receives further disciplinary action for misconduct of a similar nature. A written reprimand may be destroyed earlier at the request of the employee. If the Employer believes the employee's improvement warrants earlier destruction of the written reprimand. After the removal of the written reprimand, no reference to the written reprimand shall be made for purposes of unrelated discipline. Suspensions will remain in the file indefinitely. The employee shall have a right to provide a rebuttal statement to any disciplinary record provided in their file pursuant to the Bullard-Plawecki Employee Right to Know Act. Section 5 Notification of Discipline or Discharge. When any employee is reprimanded, discharged or suspended, the Employer shall notify the Steward in writing of said action taken. Said notification is to be delivered to the Steward within five (5) working days after imposition of said reprimand, discharge or discipline. Provided, however, that failure to give such notice shall not affect the validity of such reprimand, discharge or discipline. Section 6 Prooertv Retrieval. A discharged or disciplined employee required to leave the premises, shall be given reasonable opportunity to retrieve any personal property along with a Supervisor and President of the local or their designees, unless for cause which shall be provided to the Union. Page 5 Section 7 ADDeals from Reorimand. Discharee or Discioline. Should the reprimanded, discharged or disciplined employee or the Association consider the reprimand, discharge or discipline to be improper, a complaint shall proceed to the grievance procedure, within the time limits provided therein, or the Discipline Appeal Board pursuant to Merit Rules. X GREIVANCE PROCEDURE The parties intend that the grievance procedure as set forth herein shall serve as a means for a peaceful settlement of all disputes that may arise between them concerning the interpretation or operation of this Agreement without any interruption or disturbance of the normal operation of the Employers affairs. The Employee shall meet whenever necessary, at a mutually convenient time, with the Union/Employer Grievance Committee. The purpose of the Union/Employer Grievance Committee meetings will be to adjust pending grievances. Any Employee having a grievance in connection with their employment must present it to the Employer within fifteen (15) days after the occurrence of alleged grievance as noted below. Group grievances may be submitted on behalf of a group of employees at Step 2. Step 1 — Verbal: The employee must first discuss the specific grievance with their immediate supervisor. A Steward shall be present at this meeting. Th immediate supervisor shall attempt to adjust the matter consistent with the terms of this Agreement as soon as possible, and shall, within five (5) days give a verbal answer to the employee. Step 2 — Written Department Head: If the grievance is not settled at the verbal step, a written grievance may be filed by the Union or grievant with the employee's Department Head within ten (10) days after the immediate supervisor's response at Step 1. When a grievance is reduced to writing, it shall contain the name, position and department of the grievant, a clear and concise statement of the grievance, the issue involved, the relief sought, the date the incident orviolation took place, the specific section(s) of the Agreement alleged to have been violated, the signature of the grievant, the signature of the Union representative or grievant and the date the grievance is reduced to writing. Inadvertent omission of minor information will not prejudice the processing of the grievance. A meeting shall be held between the parties within ten (10) days, unless mutually waived in writing. Within five (5) days after the completion of the meeting, or the waiver thereof, the Department Head shall give a written answer to the Union or grievant. Step 3 — Labor Relations: If the grievance is not settled in Step 2, such a grievance may be submitted by the Union to the HR Manager — Labor Relations, within ten (10) days after the Department Head's written response has been received by the Union or grievant. The Union must make a request in writing to conduct a Step 3 grievance meeting and the Parties shall conduct a Step 3 meeting within twenty (20) days of the receipt of the Union's written request. The Union representatives at said meeting may include, the grievant, the Steward and a Page 6 MAPE representative. In addition, a witness(es) may be in attendance if deemed necessary by both Parties. The decision of the HR Manager — Labor Relations or designee shall be given in writing to the Union within ten (10) days of the completion of the Step 3 meeting. Steu 4—Arbitration: If the grievance is not resolved at Step 3, the Union has thirty (30) days from the receipt of the Step 3 answer to file a Notice of Intent to Arbitrate, by sending a letter to the Director — Human Resources. The Notice of Intent to Arbitrate shall identify the name of the Arbitrator selected by the procedure set forth below. If the Union fails to request arbitration within this time limit, the grievance shall be deemed not eligible to go to arbitration. If the Parties agreed to resolve the grievance, its disposition shall be reduced to writing and signed by both the Union representatives and Employer representatives. Selection of Arbitrator: Within thirty (30) days of the receipt of the written demand for arbitration, the party seeking arbitration shall notify one of the arbitrators from the permanent panel of arbitrators who are listed below. Selection shall be made on a rotation basis with the arbitrator listed first as the one who will hear the first case. The next arbitrator on the list will hear the second case and so on until each arbitrator shall have heard a case. Once the list has been exhausted, the Parties will go back to the beginning of the list and start the selection process over with the first name on the list. The arbitrators are as follows: 1. Jerry Lax 2. Mark Glazer 3. Benjamin Wolkinson An arbitrator may be removed from the list by written consent of both parties during the life of the Agreement. Upon such removal, no further cases will be assigned to that arbitrator, but the arbitrator will hear and decide any cases already assigned to them. Within thirty (30) days after such removal, the Parties shall meet and mutually agree upon another arbitrator to replace the arbitrator removed. The newly selected arbitrator will be placed on the list in the numbered position of the arbitrator they are replacing. An arbitrator may remove themselves from the list at any time. The Party seeking arbitration shall notify the arbitrator within ten (10) days of their selection and begin to arrange the scheduling of the arbitral hearing. Upon mutual written agreement of the Parties, an arbitrator may hear more than one case. Authoritv of the Arbitrator: All arbitration hearings shall be governed bythe rules of the Michigan Employment Relations Commission (MERC) to the extent that those rules are not inconsistent with this Agreement. Any arbitrator selected shall have only the functions and authority set forth herein. The scope and extent of the jurisdiction of the arbitrator shall be limited to those grievances arising out of and pertaining to the respective rights of the Parties within the terms of this Agreement. The arbitrator shall be without power or authority to make any decision contrary to or inconsistent within any way, the terms of this Agreement or of applicable laws or rules or regulations having the force and effect of law. The arbitrator shall be without power to modify or vary in any way the terms of this Agreement. Page 7 The arbitrator shall have no power to establish or modify job classifications, to establish wage rates, or to change any existing wage rate, work schedule, or assignment. In the event a grievance is submitted to an arbitrator and the arbitrator finds that they have no jurisdiction to rule on such grievance, it shall be referred back to the Parties without an answer or recommendation on the merits of the grievance. To the extent that the laws of the State of Michigan permit, it is agreed that any arbitrator's decision shall be final and binding on the Union and its members, the employee or employees involved, and the Employer. The decision of the arbitrator shall be in writing. The fees and approved expenses of an arbitrator will be split equally by both Parties. Withdrawal of Grievances: A grievance may be withdrawn and, if so withdrawn, all financial liability shall be cancelled. In the event, however, MAPE Executive Board reinstates a grievance it is in agreement that the grievance shall be reinstated. If the grievance is reinstated, the financial responsibility shall date only from the date of reinstatement. If the grievance is not reinstated within twenty (20) days from the date of withdrawal, the grievance shall not be reinstated. Computation of Back Wages: All claims for back wages shall be limited to the amount of wages that the employee would otherwise have earned less any unemployment compensation and other interim earnings of compensation received for employment obtained subsequent to removal from the payroll of the Employer. Time of Appeals: Any grievance not appealed within the time specified in the step of the Grievance procedure, shall be considered settled and subject to further review. 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 Union may appeal the grievance to the next step with the time limit for exercising said appeal, commencing with the expiration date of the Employer's period for answer. Nothing contained herein shall be deemed to abrogate or limit the rights guaranteed by existing statues or court decisions. Time limits may be extended or shortened by mutual written consent to the Parties. All references to days as they pertain to the Grievance Procedure shall mean "working days". They do not include Saturdays, Sundays, and designated holidays. Records, reports and other relevant information pertaining to a grievance which are requested by the Union shall be made available within five (5) days (if easily retrievable by the County) for inspection and copying by the union, provided the proper representative of the Union makes a request for the specific document reference above and, if applicable, the affected employee has authorized, in writing, the release of said information. Nothing in these grievance and arbitration procedures shall limit the rights of employees to pursue statutory claims for violation of law with private counsel. Page 8 XI 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 restrict to: (a) Notices of Union recreational and social affairs; (b) Notices of Union elections; (c) Notices of Union appointment 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. XII SENIORITY New employees may acquire seniority by working six (6) continuous months, in which event the employee's seniority will date back to the date of hire into the bargaining unit. When the employee acquires seniority, their name shall be placed on the seniority list, in the order of their seniority date. 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 reason satisfactory to the Employer 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, the employee has given a written notice to the Employer of their intent to return to work within five (5) day 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 an employee who has given notice but fails to return within the five (5) day period. Notice of recall shall be by Certified Mail -Return Receipt Requested and mailed to the employee's last known address. XIII 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 order of their seniority. (b) The Employer will endeavor to notify the Union at such time as the Employer anticipates the laying off of employees represented by this bargaining unit. Page 9 XIV TEMPORARY CHANGE OF RATE In cases in which an employee's temporary assignment includes taking over the majority of the responsibilities inherent in a higher level job and the temporary assignment is for more than thirty (30) consecutive calendar days, the base salary rate forthe classification assigned will be paid during the period the employee is required to work in the higher class, retroactive to the day in which the temporary assignment began. Except in those cases where the base salary would result in a decrease in salary in which case the employee would be placed at the lowest salary step which would result in an increase. XV 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. (d) Promotional opportunities will be posted internally and externally at the same time. XV I GENERAL CONDITIONS Section 1 The Union shall be notified at least fourteen (14) days in advance of anticipated permanent major changes in working conditions and discussions 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 The Employer shall allow each regular Steward up to two (2) days off, with pay, each year for the attendance at Steward Training classes. Section 4 When any position not listed on the wage schedule is filled or 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 issue as a grievance though the grievance procedure within a sixty (60) day period. Page 10 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 twenty-four (24) hours in advance, and the conference shall be scheduled 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. A representative of the MAPE may attend the special conference. Section 6 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 7 Once the holiday schedule is posted, employees will not be removed from the schedule without mutual agreement except under exigent circumstances as determined by the Employer. Section 8 All Children's Village Case Coordinator I and II will be paid at the overtime rate when the total hours worked in their regular work week exceeds forty (40). They will be excluded from the provisions of Merit Rule 2.10.1.2. Section 9 The Employer has established a "Quarterly Master" system for the appropriate disbursement of County recognized uniform items for Children's Village employees. XV I I 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. Page 11 XVIII HOLIDAY LEAVE Effective December 1, 2010, the provisions of the Oakland County Merit System in the Oakland County Merit System Rule Book concerning holidays, holiday pay, premiurn pay on holidays, and overtime on holidays, shall not apply to Youth Specialist I and II, First Cooks, Second Cooks, and General Staff nurses with respect to President's Day and Veteran's Day. Effective the day of hire, bargaining unit members shall receive three (3) days of holiday leave. Employees separated from County service or leaving the bargaining unit shall be paid for their unused accumulation of holiday leave at the salary rate the employee is being paid on their last day of actual work in the bargaining unit. This payment shall be at the employee's straight time rate. Scheduling and use of holiday leave shall be subject to the following restrictions: (1) Holiday leave shall be used and scheduled in the same manner as annual leave. (2) Employees may not accumulate holiday leave from one year to the next year. Employees shall be paid forany unused holiday leave on the first paydayfollowing the end of the pay period which includes November 30. Payment for unused holiday leave shall be at the employee's straight time rate of pay on November 30. (3) The one floating holiday which all employees have enjoyed in the past will not be subject to the above regulations, but will continue to be governed by the provisions of Merit Rule 26.1.2. XIX ECONOMIC MATTERS Wages and fringe benefits are attached hereto as Appendix A and Appendix B. XX 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. XXI SAVINGS CLAUSE The Union recognizes the right and duty of the County of Oakland and the Oakland County Children's Village 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 conflict provisions which might be contained in the 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 thereby. Page 12 XXII 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, sixty (60) days prior to the anniversary date, that it desires to modify this agreement. In the event that such notice is given, negotiations shall begin not later than 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 County of Oakland. 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 ASSOCIATION OF PUBLIC EMPLOYEES County of Oakland, a Michigan Constitutional Corporation David T. Woodward, Chairperson Board of Commissioners Oakland County Executive David Coulter, County Executive Page 13 CHILDREN'S VILLAGE EMPLOYEES APPENDIX A aT80w4wawzlr.*A111 Classification Base 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year Central Employee Records 47,532 49,840 52,147 54,455 56,762 59,069 61,377 Clerk 1828.17 1916.92 2005.66 2094.41 2183.15 2271.90 2360.64 2449.40 22.8521 23,9615 25.0707 26.1801 27.2894 28.3988 29.5081 Children's Village Case 49,906 52,401 55,021 57,772 60,661 63,718 66,864 Coordinator 1 1919.45 2015.42 2116.18 2222.00 2333.10 2450.68 2571.70 23.9931 25.1927 26.4523 27,7750 29.1637 30,6335 32.1462 Children's Village Case 63,342 65,560 67,526 69,552 72,333 73,586 75,058 Coordinator 11 2436.23 2521.52 2597.15 2675.07 2782.05 2830.22 2886.83 30.4529 31.5190 32.4644 33.4384 34.7756 35.3778 36.0854 Children's Village Intake 37,089 38,944 40,891 42,935 45,082 47,336 49,223 Clerk 1426.51 1497.84 1572.73 1651.36 1733.93 1820.63 1893.20 17.8314 18.7230 19.6591 20.6420 21.6741 22.7579 23.6650 Financial Services Tech 1 35,467 37,240 39,102 41,057 43,109 45,266 47,519 1364.10 1432.31 1503.91 1579.11 1658.05 1740.99 1827.65 17.0512 17.9039 18.7989 19.7389 20.7256 21.7623 22.8456 Financial Services Tech11 41,057 43,110 45,266 47,529 49,906 52,400 55,009 1579.11 1658.09 1740.99 1828.03 1919.45 2015.40 2115.71 19.7389 20.7261 21.7623 22.8504 23.9931 25.1925 26.4464 First Cook 33,454 35,126 36,531 38,175 39,702 41,290 43,585 1286.68 1351.01 1405.05 1468.28 1527.01 1588.09 1676.36 16.0835 16.8877 17.5631 18.3535 19.0876 19.8511 20.9544 General Clerical 32,166 1237.17 15.4646 General Helper 32,166 1237.17 15.4646 General Staff Nurse 57,882 60,197 62,605 65,109 67,714 70,422 74,035 2226.23 2315.28 2407.89 2504.20 2604.38 2708.55 2847.48 27.8279 28.9410 30.0987 31.3025 32.5547 33.8569 35.5935 Office Support Clerk 31,847 33,440 35,111 36,868 38,711 40,646 43,101 1224.90 1286.14 1350.44 1417.99 1488.88 1563.30 1657.73 15.3112 16.0767 16.8805 17.7249 18.6110 19.5413 20.7217 Office Support Clerk 35,467 37,240 39,102 41,057 43,109 45,266 47,519 Senior 1364.10 1432.31 1503.91 1579.11 1658.05 1740.99 1827.65 17.0512 17.9039 18.7989 19.7389 20.7256 21.7623 22.8456 Page 14 Classification Second Cook Secretary Youth Specialist I Base 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 32,167 33,775 35,126 36,707 1237.18 1299.04 1351.00 1411.80 15.4647 16.2380 16.8875 17.6475 41,057 43,110 45,266 47,529 1579.11 1658.09 1740.99 1828.03 19.7389 20.7261 21.7623 22.8504 38,175 39,702 41,909 1468.27 1527.00 1611.88 18.3534 19.0875 20.1484 49,906 52,400 55,009 1919.45 2015.40 2115.71 23.9931 25.1925 26.4464 39,393 41,363 43,431 45,169 47,427 49,324 51,399 1515.13 1590.88 1670.43 1737.25 1824.12 1897.08 1976.88 18.9391 19.8860 20.8804 21.7157 22,8015 23.7135 24.7110 Youth Specialist II 43,595 45,774 48,063 50,466 52,737 55,374 56,741 1676.72 1760.55 1848.58 1941.01 2028.35 2129.77 2182.36 20.9590 22.0069 23.1072 24.2627 25.3544 26.6222 27.2795 A 2% equity adjustment on total compensation from October 1, 2021 to the BOC meeting in 2022 approving the Collective Bargaining Agreement. A $1.00 per hour premium will be paid for one-on-one assignments for special needs or high risk residents for two (2) or more hours. All Youth Specialist I's that are not currently at the concerted Youth Specialist II level, that are at or above the 3rd year step be placed at the appropriate Youth Specialist 11 step. To be eligible for Youth Specialist II an employee must be employed at the Village for at least two (2) years, may not have any suspensions on record, and may not have a 2nd reprimand for any issue. They must be able to perform all the duties of a Youth Specialist. A request for promotion to Youth Specialist II shall not be unreasonably denied. In the event a Youth Specialist I is not eligible for promotion they may submit for promotion within the last year of a suspension or within 1 year of denial. 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 applied 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 applied 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 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. Longevity -The County will explore potential equity adjustments for 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 MAPE 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. Page 15 Children's Village Employees Appendix B For the following fringe benefits, refer to the Oakland Countv Merit Svstem Rule Book: 1. Injury on the Job 2. Holidays 3. Leave of Absence 4. Death Benefits 5. Longevity 6. Medical Coverage 7. Sick Leave/Personal Leave 8. Retirement 9. Annual Leave 10. Income Continuation Coverage 11. Dental Coverage 12. Tuition Reimbursement (a) Effective with the execution of this agreement, employees required to drive their personal vehicles on official County 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. Any improvement in the shift differential bonus applied to non -represented employees during the term of the agreement which exceeds the rates currently paid to these represented employees shall be applied to members of this bargaining unit at the same time and in the same manner as applied to the non -represented employees. IV Benefits Employee Benefits 2022, 2023, 2024 and 2025 Any benefit modifications implemented on a county wide 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. Education Bonus —The County will reimburse eligible employees represented by MAPE for the costs associated with maintaining their professional license required for their job classification, including the actual cost to renew the license and any mandatory CEU requirements. Page 16 nth —Should the Oakland County Board of Commissioners approve Juneteenth as an official County paid Holiday for the general non -represented employee, group, then this bargaining unit would receive the same, at the same time and in the same manner. Healthcare 2022, 2023, 2024 and 2025 FY 2022 — Internal Control changes to healthcare as presented during 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 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. Retirement 2022, 2023, 2024 and 2025 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 Increase the 457 Deferred Compensation match for participating represented employees from $300 to $500 effective January 1, 2017. Children's Village management continues to be interested in maintaining an overtime policy that both meet the needs of the Village management and its employees. As such, management agrees to meet, upon request of the Union to discuss any concerns that may arise with the overtime. An employee who has been confirmed through Telestaff or a Supervisor (with a designated assignment), to work an overtime shift which is contiguous to the end of the employee's regularly scheduled shift and is subsequently cancelled two (2) hours or less prior to the start of that overtime shift, will be dropped on the mandatory overtime list as if the cancelled shift had been worked. VI Compensatory Time - Compensatory time off will be allowed in lieu of pay for overtime hours worked if desired. Comp time shall be computed at the rate of time and one-half. The maximum number of Comp time hours is 40 hours. The balance of Comp time hours is to be used/paid by the end of Fiscal Year (September 30) of each year. This pertains to the following classifications only: Case Coordinators, Clerical, and Kitchen Staff. Page 17 The parties agree to revisit Comp Time options for Youth Specialist I and Youth Specialist II classifications in January 2023. VII Nurses will be reimbursed up to $250 for the purchase of scrubs approved by Administration; and/or a lab coat. Items may be replaced as necessary due to damage/staining with Supervisor approval. Page 18 CHILDREN'S VILLAGE EMPLOYEES Appendix C Youth Specialist Scheduling Policy (1/12/22) PROGRAM ASSIGNMENTS & SCHEDULES All Youth Specialists can be scheduled to work in any unit or program on campus during their assigned shift. Administration reserves the right to schedule and/or reschedule staff members within their assigned shift based on the composition of youth in a unit or program and their specific treatment needs. This includes, but is not limited to, gender specific programming and youth response to trauma. To the greatest extent possible administration will work to maintain scheduling consistency within a unit and/or program. Written requests to change unit assignment within an assigned shift will be granted on the basis of seniority; however, a vacant position in the respective unit assignment MUST be present for consideration of transfer. PROGRAM STAFFING RATIOS Children's Village maintains Youth Specialist schedules that support the Michigan Department of Health and Human Services (MDHHS), Department of Child Welfare Licensing (DCWL), Licensing Rules for Child Caring Institutions. Specifically: R 400.4127 Staff to Resident Ratio (1) The licensee shall develop and adhere to a written staff -to resident ratio formula for direct care workers. (2) At a minimum, 1 direct care worker shall be responsible for not more than 10 residents at 1 time during residents' normal waking hours and not more than 20 residents at one time during the residents' normal sleeping hours. (3) The ratio formula for direct care workers shall correspond with the institutions purpose and the needs of the residents and shall assure the continual safety, protection, and direct care and supervision of residents. Page 19 Children's Village Staffing Ratios • Residential Treatment, waking: 1 Youth Specialist to 8 residents • Residential Treatment, sleeping: 1 Youth Specialist to 16 residents • Secure Detention, waking: 1 Youth Specialist to 8 residents • Secure Detention, sleeping: 1 Youth Specialist to 16 residents • Shelter Care; waking: 1 Youth Specialist to 4 residents (contract ratio) • Shelter Care, sleeping: 1 Youth Specialist to 8 residents (contract ratio) • Enhanced Staffing Ratio, all programs: Determined by need SHIFT PREFERENCE Shift preference will be granted at Children's Village on the basis of seniority, within the classification, provided the employee meets the qualifications for the vacancy. Pursuant to the collective bargaining agreement, Youth Specialists I and II have the right to bid for shifts when openings are created by employee separation, promotion or transfer out of Children's Village, and Children's Village administration maintains the right to determine unit assignments based upon the needs of the facility. Otherwise, the most senior person tendering a shift bid shall be awarded the sought-after shift. As vacancies become available as a result of a Youth Specialist moving to a different shift or unit assignment, secondary moves will be considered voluntary, and shall be awarded based on seniority. Youth Specialists will have the option to bid for the vacant position and will be awarded the position on the basis of seniority. In the event the employer needs to fill the secondary move, such move shall be done by inverse seniority on the effected shift. In the event of a unit(s) closure, whether temporary or permanent, Youth Specialists assigned to the respective units will be subject to the following: All Youth Specialists assigned to the closed unit will first fill any vacant positions on their respective shift by volunteers 15t and in the event of no volunteers shall be filled by inverse seniority. Any remaining Youth Specialists from the closed unit will become a 'Float". Days off will be assigned on a basis of seniority. As permanent vacancies become available in units/ units, Youth Specialists will have the options to shift bid within six months of the vacancy occurring for the vacant position. Once a position becomes vacant, Management has to place the vacant position up for bid within six (6) months. Page 20 TEMPORARY VACANCIES • Youth Specialists in the float pool will fill temporary vacancies before removing a Youth Specialists from their assigned program location. • In the event temporary vacancies still remain, Youth Specialists will be "swung" from their assigned program location if they are not needed on that date. All efforts will be made to ensure Youth Specialists remain in their assigned program location on Treatment Team Meeting day. i- All efforts will be made to ensure all programs are staffed with a minimum of one regularly assigned Youth Specialists on each waking shift. • In the event temporary vacancies still remain, PTNE will be used to fill vacancies. • In the event temporary vacancies still remain, overtime will be initiated. DETERMINING DAYS OFF WITHIN WORK UNITS Following a shift bid, within an assigned work unit, the most senior Youth Specialist shall have the right to select their days off from the days off allocated to that work unit. The next most senior person shall have the right to choose days off from the remaining allocated days off, and each subsequent staff member shall have the same right in the order of their seniority. Management will not unreasonably withhold or deny the selections made in accordance with seniority unless a compelling reason is determined. In the event management determines that the days off selection on the basis of seniority is not in the best interest of carrying out the mission of Children's Village the employee shall be informed as to the reason(s) for the determination. The union, with the consent of the effected Youth Specialist, will also be informed. For purposes of clarification, it should be noted that the float pool is considered a work unit. VOLUNTARY OVERTIME • If there is a schedule vacancy five (5) days in advance that has not been filled with a PTNE Youth Specialist, voluntary full-time Youth Specialists will be called for the overtime. • If a schedule vacancy occurs within 72 hours of the start of that shift, PTNE Youth Specialists will be contacted before full time voluntary overtime candidates will be contacted. • Full-time Youth Specialists working 30 minutes or more of overtime, whether voluntary or mandatory, will drop on the mandatory overtime list. • Administration reserves the right to cancel any overtime shift two (2) hours before the start of that shift if that Youth Specialist is no longer needed. If cancelled less than two hours before the start of the shift Youth Specialist will also drop to the bottom of the MOT list. Page 21 If a Youth Specialist shows up to work for an overtime shift and they are not needed they will be given the option to leave or stay and work for two (2) hours if it is on a regular schedule day. Or three hours if it is a regular scheduled day off. • If a Youth Specialist cancels a scheduled overtime shift within three (3) days of that shift, they will be restricted from being offered any voluntary overtime opportunities for a period of two weeks. o Two full-time Youth Specialists who volunteer to split an overtime shift at least four (4) hours in advance can split the shift among themselves any way they choose. There are no restrictions or limitations tied to this voluntary arrangement. • Youth Specialists who agree to work a partial shift to relieve a Youth Specialist who is mandated to work overtime cannot choose who they will relieve. Youth Specialists in this situation must relieve the employee who was mandated to work last. • Youth Specialists who wish to volunteer MANDATORY OVERTIME • Mandatory overtime will be assigned to a full-time Youth Specialist if a schedule vacancy remains after PTNE Youth Specialists and voluntary full-time Youth Specialists have been contacted. • Mandatory overtime is assigned by the following: (1) The last overtime date, with more recent dates on the bottom. (2) Seniority date, low to high. The overtime rotation resets quarterly, and the cycle starts over with the most senior Youth Specialists at the bottom of the rotation list. TREATMENT TEAM DAYS Treatment Team Meetings (TTM) occur weekly in all programs on campus. In an effort to ensure Youth Specialists are available to participate in the FTM for their assigned program, the work schedule for afternoon shift Youth Specialists may be adjusted to accommodate this meeting. Youth Specialists whose schedules are adjusted on a designated TTM day may be scheduled to work from 1:30 pm - 9:30 pm. In the event of an unforeseen staff shortage on that day a Youth Specialist may only be required to work mandatory overtime until 11:00 pm. The aforementioned assignments shall be conducted on a rotating basis within the effected program. Page 22 COMMUNITY -BASED PROGRAMMING With the implementation of community -based programming Youth Specialists may be required to transport youth to and from programming. In programs where this occurs, an adjustment may be made to a Youth Specialists schedule to accommodate transportation timeframes and requirements. Youth Specialists who are assigned to work an adjusted schedule are not exempt from mandatory overtime. TEMPORARY/VOLUNTARY SCHEDULE ADJUSTMENTS Children's Village reserves the right to initiate a temporary adjustment to a Youth Specialists schedule to accommodate appointments, activities, and other pre -scheduled events. Employees will be notified of the need for a temporary schedule adjustment in person or by phone, no less than 24 hours prior to the date the adjustment is needed. A Youth Specialist may decline the adjustment if they are not able to accommodate the change. STAFF REASSIGNMENT FROM SHIFT TO SHIFT The employer reserves the right to reassign employees from one shift to another if the following conditions are present: 1. A permanent vacancy is not filled with a new hire youth specialist because the number of employed full-time youth specialists meets or exceeds the number of youth specialists needed for day-to-day campus operations and the following conditions occur: • The permanent vacancy has not been filled for a period of 30 calendar days • The permanent vacancy has been posted internally at Children's Village for a period of 10 days The permanent vacancy is causing a hardship due to the following: Y Staffing ratios in compliance with PREA and DCWL ;- Overtime Staffing models that support day today operations at Children's Village; control, "third man", float, etc. 2. There is an imbalance of five or more youth specialists on a waking shift. Page 23 Prior to implementing the shift reassignment of employees in any classification, the employer will meet with the Union and attempt to negotiate a better alternative in accordance with any standing past practice or staffing model. This meeting will occur at least 30-days prior to any intended reassignment. In the event the parties are unable to reach agreement within ten (10) calendar days, the Employer will implement one of its proposed options. The Employer implementing one of its options will not prevent the parties from continuing to discuss an alternative plan to be implement upon mutual agreement.) Reassignment from one shift to another will occur in the order of reverse seniority and include youth specialists from all shifts. At a minimum, youth specialists will be given a 2-week notice of any shift reassignment. If multiple shift reassignments occur a youth specialist may request reassignment to a specific unit as long as it does not displace another youth specialist. If there are multiple requests for one unit the determining factor will be seniority. Management will consider all requests however approval is not guaranteed. PINE STAFF SCHEDULES • PTNE Youth Specialists are required to enter their availability into Telestaff. • PTNE Youth Specialists are required to sign up for at least six (6) shifts a month and at least two (2) holidays a year. • Once PTNE Youth Specialists enter their availability they can be contacted up to ten (10) days in advance to fill any schedule vacancies. • If a PTNE Youth Specialist indicates they are available for a shift, Telestaff will assign them to that shift (vacancy) and inform them that they are scheduled to work. • PTNE Youth Specialists must contact a supervisor to cancel an assigned shift. • Supervisors may contact PTNE Youth Specialists by phone to fill last minute schedule vacancies. SHIFT Shall be defined as Morning, afternoon, midnights, and hybrid. UNIT A location in which a Youth Specialist is assigned on a regular daily basis. Page 24 CHILDREN'S VILLAGE EMPLOYEES Appendix D Attached hereto is the Medical Options Comparison chart. Page 25 SUMMARY OF AGREEMENT BETWEEN THE COUNTY OF OAKLAND, THE OAKLAND COUNTY CHILDREN'S VILLAGE AND THE MICHIGAN ASSOCIATION OF PUBLIC EMPLOYEES DURATION: ECONOMIC: • Wages: JANUARY 2022 4 years October 1, 2021 — September 30, 2025 FY 2022 Youth Specialist II and First Cook classifications shall receive a 4% wage increase. All other classifications shall receive a 2% wage increase. A 2% Equity Adjustment on total compensation from October 1, 2021 to the BOC meeting in 2022 approving the Collective Bargaining Agreement. FY 2023 2% wage increase; Should a general wage increase greater than 2% be provided to the general, non -represented employee group, 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; Should a general wage increase greater than 2% be provided to the general, non -represented employee group, then this bargaining unit would be entitled to the same increase applied at the same time and in the same manner. FY 2025 1 % wage increase; Should a general wage increase greater than 1% be provided to the general, non -represented employee group, then this bargaining unit would be entitled to the same increase applied at the same time and in the same manner. A $1.00 per hour premium will be paid for one-on-one assignments for special needs or high -risk residents for two (2) or more hours. 6 Benefits All Youth Specialist I's that are not currently at the concerted Youth Specialist II level, that are at or above the 3rd year step be placed at the appropriate Youth Specialist II salary step. To be eligible for Youth Specialist II, an employee must be employed at the Village for at least two (2) years, may not have any suspensions on record, and may not have a 2nd reprimand for any issue. They must be able to perform all the duties of a Youth Specialist. A request for promotion to Youth Specialist II shall not be unreasonably denied. In the event a Youth Specialist I is not eligible for promotion; they may submit for promotion within the last year of a suspension or within one (1) year of denial. Longevity The County will explore equity adjustments for 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 members of this bargaining unit will receive the same incentive and will follow the same parameters in conformance with the rules set forth in the equity adjustment program. Comp Time Compensatory time off will be allowed in lieu of pay for overtime hours worked if desired. Comp time shall be computed at the rate of time and one-half. The maximum number of Comp time hours is forty (40) hours. The balance of Comp time hours is to be used/paid by the end of Fiscal Year (September 30) of each year. This pertains to the following classifications only: Case Coordinators, Clerical, and Kitchen Staff The parties agree to revisit Comp time options for Youth Specialist classifications in January 2023. Healthcare: FY 2022 — Internal Control changes to healthcare as presented during 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. Retirement: Any retirement 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. Employee: Any employee benefit modifications implemented on a countywide basis to the general, non -represented employees, to take effect during calendar years 2022, 2023, 2024 and 2025 shall be applied to the employees represented by this bargaining unit at the same time and in the same manner. Should the Oakland County Board of Commissioners approve Juneteenth as an official County paid Holiday for the general non - represented employees, then this bargaining unit would receive the same, at the same time and in the same manner. Education Bonus — The County will reimburse eligible employees represented by this bargaining unit for the costs associated with maintaining their professional license required for their job classification, including the actual cost to renew the license and any mandatory CEU requirements. Uniforms — The County will reimburse up to $205 for the purchase of scrubs approved by Administration; and/or a Lab Coat. Items may be replaced as necessary due to damage/staining with supervisor approval. NON -ECONOMIC: Internal Promotions Promotional opportunities will be posted internally and externally at the same time.