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HomeMy WebLinkAboutResolutions - 2022.04.14 - 35457April 14, 2022 MISCELLANEOUS RESOLUTION 422-130 Sponsored By: Kristen Nelson Human Resources - Staffing Modification to Create Chief Employee & Labor Relations Officer Classification and Position Chairperson and Members of the Board: WHEREAS Employee and Labor Relations has two full-time employees that are dedicated to supporting almost 5,000 employees and 13 labor unions, and is responsible for all policy and merit rule interpretation and management, administering collective bargaining agreements, addressing employee complaints, investigations, and disciplinary actions throughout the County, as well as ensuring compliance and enforcement with State and Federal labor laws throughout the organization; and WHEREAS it has been determined there is a need to have a position with a legal background to interpret labor contracts, act as the County's chief negotiator in collective bargaining, oversee investigations, and collaborate with Corporation Counsel to develop and represent departments in matters brought before the Personnel Appeal Board; and WHEREAS it is being requested to create a new classification and full-time eligible (FTE) GF/GP funded position titled Chief Employee & Labor Relations Officer; and WHEREAS the financial impact for FY 2022 is ($61,572) due to the two deleted positions being vacant all fiscal year, FY 2023 and FY 2024 impact of $23,684 will be offset using Human Resources Department Legal Services account ; and WHEREAS the cost of this position will be offset by deleting two (2) vacant GF/GP positions, and a decrease in the Human Resources Department Legal Services line item (10100-1050103-183130-731073). NOW THEREFORE BE IT RESOLVED to create the following Merit classification: Title Sal ary Grade FLSA Status Chief Employee & Labor Relations Officer 131 Exempt BE IT FURTHER RESOLVED to create one (1) FTE GF/GP Chief Employee & Labor Relations Officer position within the Human Resources Department, Administration Division, Labor Relations Unit (1050103). BE IT FURTHER RESOLVED to delete the following positions: Position # Classification Status Salary Grade 1050403-02090 Human Resources Analyst FTE 118 1050103-12163 Project Advisor PTNE 223 BE IT FURTHER RESOLVED to amend the FY2022-2024 Budget as reflected in Schedule A - Budget Amendment attached. Chairperson, the following Commissioners are sponsoring the foregoing Resolution: Kristen Nelson. Date: April 14, 2022 David Woodward, Commissioner ��J�auVir"""r Date: April 22, 2022 Hilarie Chambers, Deputy County Executive II Date: April 25, 2022 Lisa Brown, County Clerk / Register of Deeds COMMITTEE TRACKING 2022-04-05 Legislative Affairs & Government Operations - recommend and forward to Finance 2022-04-06 Finance - recommend to Board 2022-04-14 Full Board VOTE TRACKING Motioned by Commissioner Kristen Nelson seconded by Commissioner William Miller III to adopt the attached Staffing Modification: to Create Chief Employee & Labor Relations Officer Classification and Position. Yes: David Woodward, Karen Joliat, Kristen Nelson, Gwen Markham, Angela Powell, Charles Moss, Marcia Gershenson, William Miller III, Yolanda Smith Charles, Charles Cavell, Penny Luebs, Janet Jackson, Gary McGillivray (13) No: Michael Gingell, Michael Spisz, Eileen Kowall, Christine Long, Philip Weipert, Thomas Kuhn, Robert Hoffman, Adam Kochenderfer (8) Abstain: None (0) Absent: (0) Passed ATTACHMENTS l . Schedule A Labor Relations Chief Creation 2. HR - Request for Chief of Employee and Labor Relations Memo 3. FIR - Chief of Employee and Labor Relations Write Up 4. Job Description - Chief Employee and Labor Relations Officer 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 April 14, 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, April 14, 2022. Lisa Brown, Oakland County Clerk/Register of Deeds Oakland County, Michigan Human Resources -Staffing Modification to Create Chief Employee & Labor Relations Officer Classification and Position Schedule "A" DETAIL Operating I Fund Budget Projectl FY 2022 FY 2023 FY 2024 R/E Fund Name Division Name Fund# Division# Program#Account# UnitIOU) Affiliate Reference Unit Projeet# ALIIVOAnalvsls Account Title Amendment Amendment Amendment R General Fund Non Departmental 10100 9010101 196030 665882 Planned Use of Balance $ (61.572) $ - $ Total Revenues $ (61,572) $ - $ E General Fund Human Resources 10100 1050403 183020 702010 Salaries Regular $ (73,717) $ (73,717) $ (73,717) E General Fund Human Resources 10100 1050403 183020 722900 Fringe Benefit Adjustment (32,822) (32,822) (32,822) E General Fund Human Resources 10100 1050103 183130 702010 Salaries Regular (15,256) (15,256) (15,256) E General Fund Human Resources 10100 1050103 183130 722900 Fringe Benefit Adjustment (673) (673) (673) E General Fund Human Resources 10100 1050103 183130 702010 Salaries Regular 4J05 108,253 108,253 E General Fund Human Resources 10100 1050103 183130 722900 Fringe Benefit Adjustment 15,791 37,899 37,899 E General Fund Human Resources 10100 1050103 183130 731073 Legal Services - (23,684) (23,684) Total Expenditures $ (61 572) $ - $ - 40AKLANDF.m COUNTYOAKLAND COUNTY EXECUTIVE DAVID COULTER HUMAN RESOURCES April McGrath Lynch, Deputy County Executive TO: David T. Woodward, Chairman of the Board of Commissioners Kristen Nelson, Chairperson of the Legislative Affairs and Governmental Operations Committee FROM: April M. Lynch, Deputy County Executive RE: Chief Employee and Labor Relations Officer DATE: March 16, 2022 During my time as Acting Human Resources Director there are some areas of within the Department that need more support within their division. Currently, Employee and Labor Relations has two full-time employees that are dedicated to supporting almost 5,000 employees and 13 labor unions. This team is responsible for all policy and merit rule interpretation and management, administering collective bargaining agreements, addressing employee complaints, investigations and disciplinary actions throughout the County. They are also responsible for state and federal labor laws and ensuring compliance and enforcement throughout the organization. As we reviewed our needs we centered in on the need to have someone dedicated to labor negotiations, policy review and recommendations and general adherence to state and federal regulations. In that space we are requesting a new position, Chief Employee and Labor Relations Officer, this position will have a background in employment law, ability to mediate, develop and administer policies that support our employees while ensuring we are in compliance with all state and federal regulations. This position will also help support employees and management as they navigate collective bargaining agreements, assist with negotiations and help lead employee investigations relating to employee concerns. We propose that this position will be created by deleting an unfilled Human Resources Analyst -Labor Relations as well as an unfilled part-time position, also in Labor Relations. The remaining funds will be allocated from the legal services line item as we should continue to see a decline in the expenditures with the expertise of this new position. The total cost of the position will be approximately $157,896 including fringes (see attached resolution). Below is the savings from position deletions and budget adjustments: Elimination of HR Anaylst-Labor Relations $89,251 Elimination of HR Project Advisor -Labor Relations $36,582 Decrease of Legal Services $32,063 Once this position is filled it should allow for a broader base of applicants for the Human Resources Director as many candidates don't have labor relations experience or they have only labor relations experience but not Human Resources as a whole. I believe having a position at this level dedicated solely to employee and labor relations will be a major benefit to the organization. Thank you in advance for your time and attention to this matter. 2100 Pontiac Lake Road I L. Brooks Patterson Building 41W I Waterford, MI 48328 1 Fax (248) 452-9172 1 OakGov.conn REQUEST: 1. Create a new classification and FTE GF/GP position titled Chief Employee & Labor Relations Officer, 2. Delete one (1) FTE GF/GP HR Analyst position (#1050403-02090), and one (1) PTNE 1,000 hours/year Project Advisor position (#1050103-12163) PROPOSED FUNDING: Deletion of two (2) positions and a decrease in the Human Resources Department Legal Services line item (101100-731073) OVERVIEW: Employee and Labor Relations has two full-time employees that are dedicated to supporting almost 5,000 employees and 13 labor unions and is responsible for all policy and merit rule interpretation and management, administering collective bargaining agreements, addressing employee complaints, investigations, and disciplinary actions throughout the County, as well as ensuring compliance and enforcement with State and Federal labor laws throughout the organization. It has been determined there is a need to have a position with a legal background to interpret labor contracts, act as the County's chief negotiator in collective bargaining, oversee investigations, and collaborate with Corporation Counsel to develop and represent departments in matters brought before the Personnel Appeal Board. It is being requested to create a new classification and full-time eligible (FTE) GF/GP funded position titled Chief Employee & Labor Relations Officer. COUNTY EXECUTIVE RECOMMENDATION: Recommended as Requested. PERTINENT SALARIES FY 2022 Gr Frequency 131 Annual Biweek 118 Annual Biweek 223 Hourly 01 12 24 36 48 60 72 80 103,241 108,253 113,265 118,276 123,288 128,300 133,312 138,323 3,970.80 4,163.57 4,356.34 4,549.07 4,741.85 4,934.62 5,127.39 5,320.12 54,751 57,408 60,067 62,725 65,382 68,041 70,698 73,356 2,105.81 2,208.02 2,310.26 2,412.50 2,514.70 2,616.94 2,719.15 2,821.39 33.5950 34.7140 35.8329 36.9523 38.0713 39.1902 *Note: Annual rates are shown for illustrative purposes only. SALARY AND FRINGE BENEFIT SAVINGS **Note: Fringe benefit rates displayed are County averages. Annual costs are shown for illustrative purposes only. Actual costs are reflected in the budget amendment. Create one (1) GFGP FTE Chief Employee & Labor Relations Officer position Salary Grade 131 at One Year Step $ 108,253 Fringes @ 35.01 % 37,899 Total Health Care Based Fringes 11,744 Total Cost $ 157,896 Delete one (1) GFGP FTE Human Resources Analyst position Salary Grade 118 at One Year Step ($ 57,408) Fringes @ 35.01 % (20,099) Total Health Care Based Fringes (11,744) Savings ($ 89,251) Delete one (1) GFGP PINE 1,000 hours/year Project Advisor position Salary Grade 223 at One Year Step ($ 34,714) Fringes @ 5.38% (1,868) Savings ($ 36,582) Total Cost $ 32,063 [or, UWANDIC911111,710MATNT. Ire MW Class Title: Chief Employee and Labor Relations Officer Department: Human Resources Reports To: Director of Human Resources and/or Deputy County Executive FLSA Status: Exempt Salary Plan: UNI/131 GENERAL SUMMARY Under the direction of the Director of Human Resources and/or Deputy County Executive, manages and directs the employee and labor relations program of the County. Program activities include negotiation of collective bargaining agreements; contract administration and interpretation; and guidance/coordination of related management activities consistent with the mission of the County and the direction of the County Executive. The Chief Employee and Labor Relations Officer supervises a team of professional Human Resources staff providing direct service to County departments and serves as a key contributor to development and maintenance of comprehensive Human Resources policies and strategies. This position will work closely with Corporation Counsel to ensures that federal and state law, and County policies and procedures are followed. SUPERVISION EXERCISED This position will oversee the division of Employee and Labor Relations and all employees within that unit. ESSENTIAL JOB FUNCTIONS Administers and manages labor contracts and merit rules; oversees processes for review and resolution of employee grievances. Advises managers and employees on sensitive labor and employee relations matters, including grievance and arbitration procedures, performance issues and disciplinary actions; advises and assists managers in identifying employee relations issues and determining appropriate course of action. Serves as the County's chief negotiator in contract negotiations with recognized employee organizations and/or bargaining units and/or supports the Director of Human Resources with negotiations. Uses appropriate negotiation strategies to develop bargaining goals and negotiate contracts consistent with the County's mission, values, and goals. Oversees revisions to Collective Bargaining Agreements, Memoranda of Understanding and the Merit Rules as well as interpretation and application to all employees. CLASS TITLE: CHIEF EMPLOYEE and LABOR RELATIONS OFFICER Maintains current knowledge of employee and labor relations trends, legal decisions, and statutory changes; conducts research necessary to support contract negotiations and employee relations. Supports County departments in matters brought before the Personnel Appeal Board, involving reviewing circumstances surrounding disciplinary actions. Assist Corporation Counsel in interviewing supervisors, employees, and other witnesses, and preparing them to testify before the Appeal Board. Assist Corporation Counsel in preparing to defend the County in grievance and arbitration matters. Manages the employee relations team to provide guidance to managementstaff by contract interpretation, investigation, and advice on a full range of employee relations matters including informal and formal grievances, development of performance management plans, disciplinary issues, employee assistance referrals, and reduction in force issues. Facilitates on -going communication and working relationships with employee representative organizations including coordination of joint labor-management committees. Provides information, advice and assistance to Human Resources department managersand staff regarding application of statutes, regulations, contracts, and employee relations practices relating to their functional areas. Supports, mentors, and coaches all employees within the division to assist in theirgrowth and development as leaders and addresses performance on a regular basis. Acts as a member of the Human Resources department management team and participates in setting the direction of human resources support activities for the County. Develops and recommends to the Director of Human Resources policies and procedures concerning employee relations and personnel practices. Supervises staff. Hires, evaluates, trains, disciplines, and recommends dismissal of staff as necessary. Manages the process to investigate complaints identified through state and federal agencies. May be assigned responsibility for program administration in areas such as ADA compliance or other related Human Resource regulatory programs. Works collaboratively with the Oakland County Chief Diversity Officer to ensure that all employee and labor relations directly addresses equity and inclusion on all decisions, policies and programs within Employee and Labor Relations. Utilizes current Countywide and/or department specific software to complete assignments. Performs other related duties as assigned and as needed. IMPORTANT NOTE: The primary purpose ofthisjob description is to set a fairand equitable salary rangefor this job classification. Generally, only those key duties necessary for proper job evaluation and/or labor market analysis have been included. Other duties and responsibilities will be assigned by the supervisor. CLASS TITLE: CHIEF EMPLOYEE and LABOR RELATIONS OFFICER ESSENTIAL MENTAL & PHYSICAL REQUIREMENTS Ability to communicate to accurately convey information. WORKING CONDITIONS Work is performed in a typical office environment. EXPERIENCE. TRAINING. KNOWLEDGES. SKILLS & ABILITIES A. REQUIRED MINIMUM QUALIFICATIONS 1. Be licensed to practice law in the Courts of the State of Michigan, Federal Courts and any applicable State or Federal agencies that require attorney licensure. 2. Have had at least seven (7) years of full-time work experience in the practice of employment and labor law. 3. Pass the complete examination including the employment physical established for this classification. 4. Successfully complete the six-month probationary period. B. ADDITIONAL DESIRABLE QUALIFICATIONS 1. Considerable knowledge of the principles of employment law, especially laws impactingthe public sector or government. 2. Considerable knowledge of the principles, methods, materials, and practices of legal research. 3. Considerable knowledge of judicial procedures and the rules of evidence. 4. Considerable ability to analyze legal documents and instruments. 5. Considerable ability to analyze, appraise, organize facts, evidence and precedents concerned in cases, and to present such material orally and in writing in a clear and logical form. 6. Considerable abilityto exercise maturejudgement and initiative in analyzing problems and recommending solutions. 7. Considerable ability to establish and maintain effective working relationships with County administrators, Corporation Counsel and representatives from outside agencies and employees. 3 CLASS TITLE: CHIEF EMPLOYEE and LABOR RELATIONS OFFICER 8. Familiar with current word processing, spreadsheet, database, e-mail, and Internet software. C. SPECIAL REQUIREMENTS 1. Must remain in good standing with the State Bar of Michigan and shall be eligible for admission to the United States District Court. a