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HomeMy WebLinkAboutResolutions - 2009.11.12 - 9885October 29, 2009 MISCELLANEOUS RESOLUTION #09252 BY: Human Resources Committee, SueAnn Douglas, Chairperson IN RE: HUMAN RESOURCES DEPARTMENT FISCAL YEAR 2010 — 2012 LABOR AGREEMENT EMPLOYEES REPRESENTED BY THE OAKLAND PROSECUTORS INVESTIGATORS ASSOCIATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland and the Oakland County Prosecutor's Investigators Association, have been negotiating a contract covering approximately six en-iployees; and WI IEREAS a three year agreement has been reached for the period October 1, 2009 through September 30, 2012, and said agreement has been reduced to writing; and WI IEREAS this agreement provides for a 2.5% wage reduction for Fiscal Year 2010; and a wage and benefit re-opener for Fiscal Year 2011and 2012; and WHEREAS this agreement provides for the elimination of the $300 deferred compensation match effective January 2010; and WHEREAS the agreement has been reviewed by your Human Resources Committee, which recommends approval of the agreement. NOW THEREFORE DE IT RESOLVED that the Board of Commissioners approves the proposed agreement between the County of Oakland and the Oakland County Prosecutor's Investigators Association, covering the period of October 1, 2009, through September 30, 2012, and that the Board Chairperson on behalf of the County of Oakland, is authorized to execute said agreement as attached. Chairperson, on behalf of the Human Resources Committee, I move the adoption of the foregoing resolution. HUMAN RESOURCES COMMITTEE Human Resources Committee Vote: Motion carried unanimously on a roll call vote THE COUNTY OF OAKLAND AND THE OAKLAND COUNTY PROSECUTOR AND OAKLAND COUNTY PROSECUTOR'S INVESTIGATORS ASSOCIATION PROSECUTOR'S INVESTIGATORS Collective Bargaining Agreement 2009-2012 AGREEMENT This agreement is made and entered into this day of , A.D., 2009, by and between the Oakland County Prosecutor and the Oakland County Board of Commissioners, hereinafter referred to collectively as the "Employer", and the Oakland County Prosecutor's Investigators Association, hereinafter referred to as the "Union". It is the desire of both parties to this agreement to continue to work harmoniously and to promote and maintain high standards, between the employer and employees, which will best serve the citizens of Oakland County. I. RECOGNITION The Employer recognizes the Union as the exclusive representative of the employees of the Oakland County Prosecutor's Office, for the purpose of collective bargaining with respect to rates of pay, wages, hours of employment and other terms and conditions of employment, in the following bargaining unit for which they have been certified, and in which the Union is recognized as collective bargaining representative, subject to and in accordance with the provisions of Act 336 of the Public Acts of 1947, as amended. All employees of the Oakland County Prosecutor's Office as defined in M. E. R. C. Case #76, H410 (Prosecutor's Investigators) II. MANAGEMENT RESPONSIBILITY The right to hire, promote, discharge or discipline, and to maintain discipline and efficiency of employees, is the sole responsibility of the Employer except that Union members shall not be 2 discriminated against as such. In addition, the work schedules, methods and means of departmental operation are solely and exclusively the responsibility of the Employer, subject, however, to the provisions of this agreement. III. DISCIPLINE Employees shall have the right to appeal terminations by final and binding arbitration. The arbitration panel shall consist of the Prosecutor or designee, the Director of Human Resources or designee, and the Oakland County Undersheriff or designee. The decision to terminate shall only be overturned by a majority vote of the panel. IV. LAYOFF AND RECALL 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 by order of seniority and ability to perform the remaining work and shall be recalled in the same order that they were laid off. Prosecutor's Investigators shall be eligible for recall on a time for time basis for up to 24 months following the date of their layoff New Prosecutor's Investigators shall not be hired while there are investigators eligible for recall on layoff. V. REPRESENTATION The Bargaining Unit shall select by a majority vote, one of their members to represent them in matters of disciplinary action. This name shall be certified in writing to the Prosecuting Attorney. Permission for the representative of the Bargaining Unit to leave their work station for the purpose of handling disciplinary matters will not be unreasonably withheld. 3 VI. BULLETLN BOARD The Employer shall assign a locked bulletin board which shall be used by the Union for posting notices, bearing the written approval of the President of the union local, which shall be restricted to: • (a) Notices of Union recreational and social affairs; (b) Notices of Union elections; (c) Notices of Union appointments and results of Union elections; (d) Notices of Union meetings; (e) Other notices of bona fide Union affairs which are not political or libelous in nature. VII. FALSE ARREST INSURANCE Employees covered by this agreement shall be provided, by the Employer, a policy of False Arrest Liability Insurance. The premiums for such insurance will be paid by the County. VIII. GENERAL CONDITIONS Section 1 The provisions of this agreement shall be applied equally and without favoritism to all employees in the Bargaining Unit. There shall be no discrimination as to age, sex, marital status, race. color, creed, national origin or political affiliation. The Union shall share equally with the Employer the responsibility for applying this provision of the agreement. Section 2 The reemployment rights of employees and probationary employees who are veterans will be limited by applicable laws and regulations. 4 IX. MERIT SYSTEM RESOLUTION The provisions of Miscellaneous Resolution #4606 as adopted by the then Oakland County Board of Supervisors on September 19, 1966, and approved by the electorate on November 8, 1966, shall continue to apply as set forth therein. This is to be interpreted to mean that represented employees shall be covered by all Merit System Rules in effect on the date of the signing of this agreement except for those rules dealing specifically with the manner of selection, appointment, removal from office or limitations of political activity. in accordance with past practice, all resolutions of the Oakland County Board of Commissioners as amended or changed, from time to time, relating to the working conditions and compensation of the employees covered by this agreement are incorporated by reference with the limitations set forth above and made a part hereof to the same extent as if they were specifically set forth. X. MAINTENANCE OF CONDITIONS Conditions of employment in effect at the execution of this agreement, except as changed in accordance with the terms of the agreement, shall be maintained. XI. 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 slow-down or any violation of any State law. In the event of a work stoppage or other curtailment, the employees involved shall be subject to immediate discharge as a violation of the collective bargaining agreement. 5 The Employer will not lockout any employees of the bargaining unit during the term of this agreement. XII. SPECIAL CONFERENCES Special conferences for important matters may be arranged at a mutually convenient time between the Local President and the Employer or its designated representative upon the request of either party. Such meetings shall be between at least two representatives of the Employer (one from Human Resources, and one from the Prosecutor's Office) and no more than two employee representatives of the Union. Arrangements for such special conferences shall be made in advance and an agenda on the matters to be taken up at the meeting 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. The members of the Union shall not lose time or pay for time spent in such conference. MIL FUTURE NEGOTIATIONS AS TO AGENCY SHOP In the event that any other represented unit negotiates a contract with the County of Oakland containing any form of Agency Shops, this unit may then request negotiations to discuss a modified Agency Shop. XIV. FINAL AVERAGE COMPENSATION It is hereby agreed by the parties that, effective January 1, 1978, employees hired after this date will not be eligible to include sick leave, annual leave, or any overtime payments as part of their "Final Average Compensation" for the purpose of computing retirement benefits. XV. DUES CHECK-OFF The Employer agrees to deduct the union membership initiation fee and dues, once each month, from the pay of those employees who individually authorize in writing that (a) 6 such deductions be made. All authorizations delivered to the Employer prior to the first day of the month shall become effective during that succeeding month. Check-off monies will be deducted from the second paycheck of each month and shall be remitted together with an itemized statement to the local treasurer, and an itemized statement to the Chapter Chairman, within fourteen (14) days after the deductions have been made. An employee shall cease to be subject to Check-off deductions beginning with the month immediately following the month in which they are no longer a member of the bargaining unit. (c) Any employee may voluntarily cancel or revoke the Authorization of Check-off deductions upon written notice to the Employer and the Union submitted during the fifteen (15) day period prior to the expiration of the agreement. (d) The Union will protect and save harmless the Employer from any and all claims, demands, suits and other forms of liability by reasons of action taken by the Employer for the purpose of complying with this section. XVI. DURATION This agreement shall remain in full force and effect until midnight, September 30, 2007. It shall be automatically renewed from year to year thereafter unless either party shall notify the other in writing ninety (90) days prior to the anniversary date, that it desires to modify this agreement. In the event that such notice is given, negotiations shall begin not later than ninety (90) 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. 03) 7 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. XVII. ECONOMIC MATTERS The agreement between the parties on economic matters are set forth in Appendix A and Appendix B attached hereto and are incorporated into this collective bargaining agreement, subject to the terms and conditions thereof. OAKLAND COUNTY PROSECUTOR'S COUNTY OF OAKLAND INVESTIGATORS ASSOCIATION A Michigan Constitutional Corporation By: Bill Bullard Jr., Chairperson Board of Commissioners OAKLAND COUNTY PROSECUTOR Jessica Cooper Prosecuting Attorney OAKLAND COUNTY EXECUTIVE Brooks Patterson County Executive 8 PROSECUTOR' INVESTIGATORS APPENDIX A A. For the following fringe benefits, refer to the Oakland County Employee's Handbook: 1. Injury on the Job 2. Holidays 3. Leave of Absence 4. Life Insurance 5. Longevity 6. Master Medical Coverage 7. Sick Leave 8. Retirement 9. Annual Leave 10. Disability Coverage 11. Dental Coverage 12. Tuition Reimbursement B. The fringe benefits modified in previous collective bargaining agreements shall continue in effect unless subsequently modified. Effective January 1, 2010, the County will no longer provide the $300 match to the deferred compensation plan which was implemented by the County in June of 2001. BENEFITS. 2011 The parties agree to reopen negotiations for benefits prior to September 30, 2010. BENEFITS — 2012 The parties agree to reopen negotiations for benefits prior to September 30, 2011. Effective July 1, 1991, Prosecutor's Investigators will he eligible to receive a Clothing Allowance of $375 annually to be paid in installments of $187.50 June 15 and $187,50 Decemberl 5. 9 PROSECUTOR'S INVESTIGATORS APPENDIX B I BI-WEEKLY SALARY SCHEDULE FOR FY 2010 Employees represented by this bargaining unit shall receive the same general 2.5% salary decrease as approved by the Oakland County Board of Commissioners for the non- represented employees. Effective with the execution of this agreement, the following hi-weekly salary schedule for the Prosecutor's Investigators will be as follows: Base I Year 2 Year 3 Year 4 Year 5 Year 1777.85 1885.01 1992.39 2099.59 2206.78 2313.92 II WAGES-FY 2011 The parties agree to reopen negotiations for wages for FY 2011, prior to September 30,2010. III WAGES - FY 2012 The parties agree to reopen negotiations for wages for FY 2012, prior to September 30,2011. 10 Resolution #09252 October 29, 2009 The Vice-Chairperson referred the resolution to the Finance Committee. Discussion folfowed. Moved by Schwartz supported by Burns to recess and go into a closed session. Discussion followed. Vice-Chairperson Mike Gingell declared a brief recess at 10:20 a.m. to discuss with Corporation Counsel. The meeting reconvened at 10:22 a.m. Vice-Chairperson Mike Gingen stated that according to the Open Meetings Act. the Board is not authorized to go into a closed meeting because they are not a direct negotiating party. Discussion followed. The Vice-Chairperson referred the resolution to the Finance Committee. There were no objections. FISCAL NOTE (MISC. #09252) November 12, 2009 BY: Finance Committee, Tom Middleton, Chairperson IN RE: HUMAN RESOURCES DEPARTMENT FISCAL YEAR 2010-2012 LABOR AGREEMENT EMPLOYEES REPRESENTED BY THE OAKLAND PROSECUTOR'S INVESTIGATORS ASSOCIATION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: I. The County of Oakland and the Oakland County Prosecutor's Investigators Association have previously negotiated a contract covering approximately six (6) employees (Miscellaneous Resolution #08229) for the period October 1, 2008 through September 30, 2009. 2. The County of Oakland and the Oakland County Prosecutor's Investigators Association, Bargaining Unit #042 have agreed to a contract agreement for the three (3) year period October 1, 2009 through September 30, 2012. 3, The employees represented by this bargaining unit will receive the same salary and fringe benefit modifications as general non-represented County employees for FY 2010. 4. FY 2011 and FY 2012 are wage reopeners. 5. The Fiscal Year 2010 salary and related fringe benefit cost are reduced 2.5% with yearly re- opener reviews for Fiscal Year 2011 and 2012. 6. This agreement also provides for the elimination of the $300 deferred compensation match effective January 2010. 7. The General Fund reduction is $7,104 (Salary $4.512, Fringe Benefits $2,592) with the remaining portion of the savings being absorbed by Prosecutor CRP grant funding in the amount of $6,850, B. The 2.5% wage reduction and reduction in Deferred Compensation is included in the FY 2010 Adopted Budget. 9. No budget amendment is recommended at this time. If necessary, an adjustment will be made to the FY 2011 and FY 2012 Budgets pending the outcome of the yearly re-opener reviews. FINANCE COMMITTEE 711.4:1 FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Potter absent. I HEREBY " i THE FORJGOING RESOLUTION Resolution #09252 November 12, 2009 Moved by Douglas supported by Gingell the resolution (with fiscal note attached) be adopted. Discussion followed. Vote on resolution: AYES: Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Scott, Taub, Woodward, Zack, Bullard, Burns, Capello, Coulter, Douglas, Gershenson. (23) NAYS: Schwartz. (1) A sufficient majority having voted in favor, the resolution (with fiscal note attached) was adopted. STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Ruth Johnson, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on November 12, 2009, 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 County of Oakland at Pontac, Michigan this 12th day of November, 2009. Gae Ruth Johnson, County Clerk