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HomeMy WebLinkAboutResolutions - 2022.06.23 - 37422• BOARD OF COMMISSIONERS June 23, 2022 MISCELLANEOUS RESOLUTION #22-225 Sponsored By: Kristen Nelson Human Resources - Collective Bargaining Agreement Fiscal Fears 2022, 2023, 2024, and 2025 with the Michigan Association of Public Employees (rIIAPE), Representing Identified Children's Village Supervisory Employees Chairperson and Members of the Board: «'HEREAS the County of Oakland and the Michigan Association of Public Employees, (MAPE), entered into a Collective Bargaining Agreement covering approximately fifteen (15) Children's Village supervisory employees; and WHEREAS the parties have agreed the following classifications will be represented by this bargaining unit: Children's Village Program Supervisor and Youtli Specialist Supervisor; and WHEREAS this four (4) year agreement covers the period of Fiscal Years 2022 through 2025; and WHEREAS this agreement addresses the issues of wage increases for all covered Fiscal Years, changes to medical and retirement benefits, paid holidays, and the exploration of equity adjustments for employees who have reached the top of their salary range. NOW THEREFORE BE IT RESOLVED that the Oakland County 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 Tune 24, 2022. through September 30, 2025, for supervisory employees in Children's Village, BE IT FURTHER RESOLVED the Board Chairperson, on behalf of the County of Oakland, is authorized to execute said supplemental agreements as attached, BE IT FURTHER RESOLVED the FY 2022 budget is amended as detailed in the attached Schedule A. BE IT FURTHER RESOLVED a FY 2023 — FY 2025 budget amendment is not needed as the County Executive Recommended Budget will include cost of living adjustments. Chairperson, the following Commissioners are sponsoring the foregoing Resolution: Kristen Nelson, � d Date: June 23, 2022 David Woodward, Commissioner I aam & Hilaire Chambers, Deputy County Executive II Lisa Brown, County Clerk / Register of Deeds COMMITTEE TRACKING Date: June 24, 2022 Date: June 30, 2022 2022-06-14 Legislative Affairs & Governnnent Operations - reconunend and forward to Finance 2022-06-15 Finance - reconunend to Board 2022-06-23 Full Board VOTE TRACKING Motioned by C'onrnissioner Charles Cavell seconded by Coimnissioner Michael Gingell to adopt the attached Collective Bargaining Agreement: Fiscal Years 2022, 2023, 2024, and 2025 with the Michigan Association of Public Employees (MAPE), Representing Identified Children's Village Supervisory Employees, Yes: David Woodward, Michael Gingell, Karen Joliat, Kristen Nelson, Eileen Kowall, 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 (17) No: Christine Long, Philip Weipert (2) Abstain: None (0) Absent: (0) Passed ATTACHMENTS L Schedule A - CHILDRENS VILLAGE MAPE SUPV AGREEMENT 2. MAPE Supervisory CBA 3, MAPE Supervisory Summary of Agreement STATE OF MICHIGAN) COUNTY OF OAKLAND) L 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 June 23.2022, 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. June 23, 2022. ff, Liso Brown, Oakland County Clerk Register gfDeeds 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 (MAPE), REPRESENTING IDENTIFIED CHILDREN'S VILLAGE EMPLOYEES Schedule "A" Operating Fund Budget Project FY 2022 R/E Fund Name Division Name Fund# Division# Program# Account# Unit Affiliate Reference Unit Project# Activity Anal sis Account Title v Amendment R Child Care fund Children's Village FND20293 CCN1070701 PRG112090 RC631435 Out County Board and Care 28,537 R Child Care fund Non Departmental FND20293 CCN9010101 PRG112700 RC615359 Child Care Revenue Subsidy 28,537 Total Revenue 57,074 R Child Care fund Childrens Village Admmistraton FND20293 CCN1070701 PRG112020 SC702010 Salanes Regular 23,091 R Child Care fund Childrens Village Administration FND20293 CCN1070701 PRG112020 SC722900 Fnnge Benefit Adjustment 8,082 R Child Care fund Childrens Village Administration FND20293 CCN1070701 PRG112470 SC702010 Salaries Regular 11632 R Child Care fund Childrens Village Administration FND20293 CCN1070701 PRG112470 SC722900 Fnnge Benefit Adjustment 4,071 R Child Care fund Childrens Village Administration FND20293 CCN1070701 PRG131000 SC702010 Salaries Regular 7,554 R Child Care fund Childrens Village Administration FND20293 CCN1D70701 PRG131000 SC722900 Fringe Benefit Adjustment 2,644 Total Expenditures 57,074 THE COUNTY OF OAKLAND AND OAKLAND COUNTY CHILDREN'S VILLAGE SUPERVISORY EMPLOYEES MICHIGAN ASSOCIATION OF PUBLIC EMPLOYEES COLLECTIVE BARGAINING AGREEMENT May 21, 2022 — September 30, 2025 TABLE OF CONTENTS AGREEMENT PAGE 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 XII SENIORITY PAGE 9 ARTICLE XII I 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 -IT-01 M, WAGES PAGE 14 APPENDIX B FRINGE BENEFITS PAGE 15 MILEAGE PAGE 15 BENEFITS EMPLOYEE, HEALTH, RETIREMENT PAGE 15 OVERTIME PAGE 16 APPENDIX C SCHEDULING POLICY PAGE 17 APPENDIX D TRIAL- NO SCHEDULED WORK ADJUSTMENTS PAGE 19 APPENDIX E MEDICAL OPTIONS COMPARISON PAGE 20 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") representing the Supervisory employees of Children's Village. 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 non -supervisory employees. Program Supervisor and Youth Specialist Supervisor 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 thatthe 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 (4S) 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. VIII BASIS OF REPRESENTATION Section 1 There shall be one Steward and an Alternate Steward. 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 one 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 MAPE. 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 Employerwill 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. D. 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 after thirty (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 Employee 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 Property 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 Appeals from Reprimand. Discharge or Discipline. 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. 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. Steo 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 or violation 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. Step 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. Authority of the Arbitrator: All arbitration hearings shall be governed by the 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, bearingthe 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 notvulgar, 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 for the 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. XVI 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 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 7 The Employer has established a "Quarterly Master" system for the appropriate disbursement of County recognized uniform items for Children's Village employees. XVII 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. XVIII HOLIDAY LEAVE The provisions of the Oakland County Merit System in the Oakland County Merit System Rule Book concerning holidays, holiday pay, premium pay on holidays, and overtime on holidays, shall not apply to Children's Village Program Supervisors and Children's Village Youth Specialist Supervisors with respect to Martin Luther King 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. Page 11 Employees shall be paid for any unused holiday leave on the first payday fol lowing 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. XXI I 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. Page 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 ASSOCIATION OF PUBLIC County of Oakland, a Michigan EMPLOYEES Constitutional Corporation David T. Woodward, Chairperson Board of Commissioners Oakland County Executive David Coulter, County Executive Page 13 CHILDREN'S VILLAGE SUPERVISORY EMPLOYEES APPENDIXA FISCAL YEAR 2022 — 4% wage increase Classification Base 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year Children's Village Program Supervisor $59,471 $62,358 $65,245 $68,132 $71,019 $73,906 $76,793 $79,680 Youth Specialist Supervisor $53,942 $56,560 $59,179 $61,798 $64,416 $67,035 $69,653 $72,272 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 14 Children's Village Supervisory 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. III 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. Juneteenth —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 Page 15 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. IV 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. Page 16 CHILDREN'S VILLAGE SUPERVISORY EMPLOYEES Appendix C Scheduling Policy Page 17 CHILDREN'S VILLAGE SUPERVISORY EMPLOYEES Appendix D Trial Basis This trial is an 8-hour shift with NO scheduled work adjustments. The Employer or Administration shall not be allowed to schedule work adjustments for Program Supervisors or Youth Specialist Supervisors. This implementation results from cooperative negotiations and discussions between union members, Oakland County, and the Children's Village Administration. The 8-hour shift with NO scheduled work adjustments will proceed on a trial basis for approximately six (6) months upon tentative agreement from all parties. Thereafter, the 8-hour shift with NO scheduled work adjustments will be continued, provided that all parties (Children's Village Supervisors Association, Oakland County Administration, Children's Village Administration) mutually agree to such continuation. If the parties do so mutually agree, the 8- hour shift with NO scheduled work adjustments represented in this Appendix shall be considered the Children's Village Supervisors (Program supervisors and Youth Specialist Supervisors) operational shift schedule, and this agreement will be regarded as part of the collective bargaining agreement, subject to all of its terms and conditions. If the parties do not mutually agree to the continuation of the 8-hour shift with NO scheduled work adjustments past the trial period or choose to interrupt/terminate the trial period before its completion. In that case, the Children's Village Supervisors will revert to the current 8-hour shift schedule or reserve the right to negotiate another alternative work schedule. Page 19 CHILDREN'S VILLAGE SUPERVISORY EMPLOYEES Appendix E Attached hereto is the Medical Options Comparison chart Page 20 ► Ak UsNpa M i; Kom ♦\P • + + ! • 'MESTAUNTi MAY 2022 DURATION: 4 Years June 24, 2021 — September 30, 2025 RECOGNITION: Children's Village Program Supervisor and Children's Village Youth Specialist Supervisor Excluding: Clinical Supervisor and Treatment Services Supervisor WAGES: FY 2022 4%wage increase effective 09/25/21 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. HEALTH CARE: FY 2022 Internal control changes to health care 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: DEFERRED COMP: Any retirement modifications (DB/DC) 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. Remain at $500 match HOLIDAY LEAVE TIME: The members of this bargaining unit will forfeit Martin Luther King Day and Veteran's Day as observed County holidays in exchange for three (3) Holiday Leave Days. EMPLOYEE BENEFITS: Any employee benefit (not including health care, retirement or deferred comp) 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.