SIGNATURE COPY
May 31, 2006
AGREEMENT
BETWEEN
INGHAM COUNTY
AND
UNITED AUTOMOBILE AEROSPACE AND
AGRICULTURAL IMPLEMENT WORKERS OF
AMERICA (UAW) INGHAM COUNTY UNIT
LOCAL 2256
FOR THE
TECHNICAL, OFFICE, PARA-PROFESSIONAL
AND SERVICE EMPLOYEES
JANUARY 1, 2006 THROUGH DECEMBER 31, 2008
ARTICLE INDEX
Article Title Page
Agreement........................................................................................................ 1
Preamble 1
1 Recognition....................................................................................................... 1
2 Non-Discrimination........................................................................................... 2
3 Employer Rights................................................................................................ 2
4 Employer Security............................................................................................. 3
5 Definition of Employees................................................................................... 4
6 Classification Plan............................................................................................ 6
7 Seniority............................................................................................................. 7
8 Layoff…………………………………………………………………………..8
9 Bumping.......................................................................................................... 10
10 Hours of Work................................................................................................. 13
11 Job Openings and Temporary Assignments............................................... 15
12 Grievance Procedure for Discharge or ....................................................... 16
Discipline for the District and Probate Courts
13 Grievance Procedure for Non-Disciplinary.................................................. 19
Matters (Contract Interpretation and Economic Matters)
for the Probate and District Courts
14 Grievance Procedure for the Circuit Court.................................................. 21
15 Grievance Procedure for All Other................................................................ 24
Employees in the Bargaining Unit
16 Election of Remedies..................................................................................... 27
17 Discipline......................................................................................................... 27
18 Union Rights.................................................................................................... 28
19 Union Security and Checkoff......................................................................... 31
20 Hospitalization - Medical Coverage............................................................. 32
21 Life Insurance.................................................................................................. 37
22 Holidays........................................................................................................... 38
23 Vacation.......................................................................................................... 40
24 Leaves of Absence........................................................................................ 41
25 Disability Plan................................................................................................. 45
26 Longevity Plan................................................................................................. 45
27 Retirement....................................................................................................... 47
28 Travel Allowance............................................................................................. 49
29 Past Practices and Other Agreements........................................................ 52
30 Savings Clause............................................................................................... 52
31 Salaries........................................................................................................... 52
32 Reclassifications............................................................................................ 59
33 Dental Insurance............................................................................................ 59
34 Health and Safety........................................................................................... 60
35 Administrative Leave Policy......................................................................... 60
36 Workers’ Compensation............................................................................... 61
37 I.R.S. Section 125.......................................................................................... 62
38 Severability Clause....................................................................................... 62
39 Tax Rate on Separate Checks and Salary................................................. 62
40 Employee Assistance Program................................................................... 63
41 Vision .............................................................................................................. 63
42 Subcontracting ............................................................................................... 63
43 Family and Medical Leave Act...................................................................... 63
Letter of Understanding (Full-Time/Shared Positions)............................... 65
Letter of Understanding (Part-Time, Shared-Time, or Three-Quarter
Time Employees Temporarily Assigned to Full-Time Status)....... 69
Letter of Understanding (Time Clocks)....................................................... 72
Letter of Understanding (Part-Time or Shared-Time Employees
Temporarily Assigned to Three Quarter-Time Status)……..74
Letter of Understanding (Youth Center)........................................................ 77
Letter of Understanding (On-Call Computer Technicians)......................... 79
Letter of Understanding (Vision and Hearing Technicians)....................... 80
Letter of Understanding (Lateral Transfers)................................................. 81
Letter of Understanding (MIS Department - Computer Technicians)....... 83
Letter of Understanding (Seniority and Service)......................................... 86
Letter of Understanding (Skriba Classification).......................................... 88
Attachment A - TOPS Seniority Groups....................................................... 89
Attachment B - TOPS Positions List............................................................ 94
THIS AGREEMENT is entered into between the County of Ingham, a municipal body corporate of the State of Michigan, covering certified employees of the Ingham County Probate Court, Thirtieth (30th) Judicial Circuit Court, Fifty-Fifth (55th) Judicial District Court, Ingham County Prosecuting Attorney, Ingham County Clerk, Ingham County Register of Deeds, Ingham County Treasurer, Ingham County Drain Commissioner, Ingham County Sheriff and certain other TOPS employees of Ingham County, hereinafter referred to as the "EMPLOYER", and the International Union, United Automobile, Aerospace and Agricultural Implement Workers of America and its Ingham County Unit, Local 2256, hereinafter referred to as the "UNION".
This Agreement shall remain in force and effect commencing the 1st day of January, 2006, through the 31st day of December, 2008.
THIS AGREEMENT, entered into by the parties, has as its purpose, the promotion of harmonious relations between the EMPLOYER and the UNION, the establishment of an equitable and peaceful procedure for the resolution of differences and the establishment of rates of pay, hours of work and other specified conditions of employment.
The parties encourage to the fullest degree, friendly and cooperative relations between the respective representatives of all levels.
ARTICLE 1
Section 1. The EMPLOYER hereby recognizes the UNION as the sole and exclusive bargaining agent for the purpose of collective bargaining pursuant to Public Act 379 of 1947 of Michigan, as amended, for all employees classified and compensated as Technical, Office, Paraprofessional and Service employees, and not covered by one of the following units of employees:
A. Law Enforcement employees of the Sheriff Department covered by the Agreement between the County of Ingham, the Ingham County Sheriff, and Lodge #141, Fraternal Order of Police, Ingham County Division;
B. Employees of the Animal Control Department covered by the Agreement between the County of Ingham and Lodge #141, Fraternal Order of Police, Ingham County Division;
C. Employees of the Ingham County Health Department classified as Public Health Nurses or other classifications of Registered Nursing and covered by the Agreement between the County of Ingham and the Ingham County Employees' Association;
D. Also excluded from representation in the bargaining unit covered by this Agreement are employees classified and compensated as Professional, Confidential, Managerial, or Supervisory personnel of Ingham County;
E. Further excluded are Assistant Prosecuting Attorneys included in the Agreement between the Ingham County Employees' Association, Prosecutor, and the County of Ingham;
F. Excluding certain employees of the Thirtieth Judicial Circuit Court, including the following:
1) Circuit Court Division: Judges, Court Administrator, Administrative Assistant/Circuit Court, Court Officer/Research Clerks;
2) Friend of the Court Division: Friend of the Court, Assistant Friend of the Court/Legal, Assistant Friend of the Court/Operations
3) Deputy Circuit Court Administrator;
4) Judicial Assistants of Circuit Court Judges.
G. Excluding Judicial Assistants/Probate Court.
All those positions unclassified or classified as stated in this Agreement shall be represented by the UNION for the purposes of collective bargaining, provided the above-stated exclusions shall supersede any questions of representation.
NON-DISCRIMINATION
The parties shall not discriminate predicated upon age, height, weight, religion, physical handicap, sex, marital status, race, color, creed, national origin, political or union affiliation, or sexual preference, as required by law. All references to employees in this Agreement designates both sexes and wherever the male or female gender is used, it shall be construed to include male and female employees.
EMPLOYER RIGHTS
Section 1. The UNION recognizes that the EMPLOYER reserves and retains, solely and exclusively, all rights to manage and operate the EMPLOYER'S affairs.
All rights, functions, powers and authority which the EMPLOYER has not expressly and specifically abridged, amended, delegated or modified by this Agreement are recognized by the UNION as being retained and reserved by the EMPLOYER.
Neither the constitutional nor the statutory rights, duties and obligations of the EMPLOYER shall in any way whatsoever be abridged unless specifically provided for under the terms of this Agreement.
Section 2. The EMPLOYER shall have, within its discretion, the right to make, amend, supplement or delete rules and regulations. However, the UNION Unit Chairperson and UAW International Representative shall receive a copy of any new or modified rule or regulation ten (10) days prior to its effective date, unless conditions warrant necessary immediate implementation. Said rules shall be transmitted to the Human Resources Office for its review. If there is concern regarding the fairness of the rule or rule change, the UNION Unit Chairperson or UAW International Representative may request a special conference between the UNION, a representative of the Human Resources Department, the Department Head, or his/her representative, and the Chairperson of the County Services Committee to discuss the reasonableness of the rule. In no case will the rule change or new rule become subject to the grievance procedure unless that rule, as applied, violates a provision of the collective bargaining agreement.
If the UNION does not receive a copy of the new work rule or modification thereof as required above, the same shall not be binding upon the UNION, the employee, or the EMPLOYER.
Section 3. The Chief Judge Rule contained in MCR 8.110 shall be applicable, notwithstanding any contrary provisions contained in this Agreement.
EMPLOYER SECURITY
Section 1. The parties hereto mutually recognize that the services performed by the employees covered by this Agreement are essential to the public health, safety and welfare. The UNION agrees that there shall be no interruption of these services, for any cause whatsoever, by the employees it represents, nor shall there be any concerted failure by them to report for duty, nor shall they absent themselves from their work, stop work or abstain in whole or in part from the full, faithful and proper performance of the duties of their employment, or picket on the EMPLOYER'S premises.
The UNION further agrees that there shall be no strikes, sit-downs, slowdowns, stay-ins, stoppages of work, or any act that interferes in any manner or to any degree with the services of or to the EMPLOYER.
DEFINITION OF EMPLOYEES
Section 1. Definitions. The terms "employee" and "employees," when used in this Agreement, shall refer to and include only those regular, full-time employees and regular part-time employees who have successfully completed their probationary period as set forth in this Agreement and who are employed by the EMPLOYER in the collective bargaining unit described hereunder. For purposes of this Agreement, the following definitions shall be applicable:
A. Full-Time Employees: Employees regularly scheduled to work forty (40) hours per week shall be considered as regular, full-time employees. A regular, full-time employee shall be entitled to the benefits under this Agreement except where otherwise indicated.
B. Three-Quarter-Time Employees: Employees regularly scheduled to work between thirty (30) and thirty-nine (39) hours weekly shall receive the following:
1) Vacation, vacation bonus, sick leave, funeral leave and holiday pay on a prorated basis.
2) Dental coverage the same as full-time employees are eligible to receive.
3) Overtime compensation, but only if said employees work over forty (40) hours per week.
4) Said employees shall not receive overtime compensation if they work over eight (8) hours in any one given day.
5) Said employees shall also be eligible to receive two-person hospitalization insurance coverage paid by the EMPLOYER.
6) Retirement benefits where eligible on a prorated basis in proportion to their work schedule.
7) Life insurance as provided in Article 21.
Notwithstanding anything in this Agreement to the contrary, the EMPLOYER may reduce full-time employees' hours in lieu of layoff. Prior to layoff or reduction of hours, the EMPLOYER will meet with the UNION to discuss the layoff or reduction of hours for specific positions within a department(s) and possible alternatives.
The affected employee(s) shall have the option to accept the reduced hours position. If the affected employee(s) declines the reduced hours position, then, under those circumstances, the EMPLOYER may fill that position with another person and the affected employee shall be laid off.
Except as stated above, when full-time employees are laid off, there shall be no new additional positions added for three-quarter time, part-time or special part-time employees in the same classification in the same department as the laid off full-time employee.
C. Part-Time Employees: Employees who are regularly scheduled to work less than full-time, but at least half-time (20 hours per week up to and including 29 hours per week) shall be classified as regular, part-time employees. They shall:
1) Be paid for their hours worked at the regular rate of their salary grade.
2) Receive overtime pay on the same basis as three-quarter time employees.
3) Receive vacation, vacation bonus, sick leave, holiday pay, and funeral leave at one-half the rate that full-time employees are eligible to receive.
4) Receive health insurance at the single subscriber rate.
5) Receive dental coverage the same as full-time employees are eligible to receive.
6) Retirement benefits where eligible on a prorated basis in proportion to their work schedule.
7) Shared time employees who are regularly scheduled to work eight (8) hours on a holiday will receive eight (8) hours of holiday pay. The other shared time employee not regularly scheduled to work on the holiday will not be eligible for any holiday pay.
8) Shared time employees who are regularly scheduled to work four (4) hours on a holiday will receive four (4) hours each of holiday pay.
9) Life insurance as provided in Article 21.
D. Special Part-Time Employees: An employee regularly scheduled to work nineteen (19) hours or less per work week shall be considered a special part-time employee. Such employees shall be compensated by wages only, and shall not be covered by the provisions of this Agreement.
E. Temporary Employees: An employee who is hired for a period of 1040 hours in a 12 month period in the same position in the same department will be considered a temporary employee and shall not attain seniority in the bargaining unit and shall be compensated by wages only, and shall not be covered by the provisions of this Agreement.
This period may be extended for an additional 520 hours, provided the temporary employee is not used to displace a regular employee who is on layoff status. Should the employee work a total of 1,560 hours in a 12 month period in the same position in the same department, the employee shall be eligible for fringe benefits afforded to regular employees after said 1,560 hours, and shall acquire seniority dated back six (6) months from the date he or she completed the 1,560 hours.
Such wages shall not exceed a rate of ten percent (10%) above the beginning salary rate for that position. If a temporary employee is eventually hired into a posted regular position, the normal hiring procedures will be followed to determine the regular compensation rate.
F. Intermittent Replacements/Casual/Substitute Employees. These are employees who are not regularly scheduled to work, but are called to work as needed by the EMPLOYER as a substitute or intermittent replacement for a regular full-time or part-time employee. These employees are not covered by this collective bargaining agreement.
Section 2. Contracted Benefits. Notwithstanding the above provisions, no benefits shall be afforded to any employee when the EMPLOYER's contractual arrangement with a third party for said benefits do not permit coverage of said employees.
Section 3. An employee who is on lay off, and is given a special part-time, temporary and/or intermittent replacement, casual, or substitute employee assignment, shall not be covered by the terms of this agreement while holding one of those positions, and shall still be considered on lay-off status for the purposes of this Agreement. That person shall be paid at the wage rate outlined in this contract for that position.
CLASSIFICATION PLAN
Section 1. The EMPLOYER has recognized three distinctive groups of jobs based upon similar training and skills required, as well as other qualities providing them with a community of associated interests. This Agreement covers the bargaining unit of Technical, Office, Paraprofessional, and Service positions, and excludes managerial/supervisory, confidential, professional and supervisory jobs.
Section 2. The classification plan for Technical, Office, Paraprofessional and Service positions shall consist of the classes listed in this Agreement, with new positions included as may be recommended by the County Services Committee and approved by the Board of Commissioners.
Section 3. In the event that a new classification is proposed, the UNION Unit Chairperson, UAW International Representative, and Chief Steward shall be notified of the recommended salary prior to presentation to the County Services Committee. This notification shall include the criteria used to determine the EMPLOYER's proposed salary.
If the UNION does not respond to the notice of the proposed rate within three (3) work days, the rate shall become effective upon approval by the Board of Commissioners. If the UNION disagrees with the above within three (3) work days by providing notice in writing, a meeting shall be scheduled within seven (7) work days with the Human Resources Director, the UNION Unit Chairperson, Chief Steward and UAW International Representative. If there is no resolution at the meeting, and the UNION alleges the rate is unreasonable, it may appeal to the County Services Committee and present evidence which the UNION believes pertinent. There shall be no appeal from the County Services Committee except if the County Services Committee's decision is changed by the Board of Commissioners, in which event, the UNION has the right to seek an arbitrator's decision within ten (10) work days, under the Rules of the American Arbitration Association.
Section 4. Disputes as to whether a new classification should be in or out of the bargaining unit shall be resolved by the Michigan Employment Relations Commission in accordance with its applicable administrative procedure.
SENIORITY
Section 1. Definition of Seniority. Seniority shall be defined as the length of the employee's continuous service with the EMPLOYER, commencing from his/her last date of hire into a full-time or part-time, as previously defined, position. Continuous service is defined as that time actually spent on the active payroll of the EMPLOYER plus approved leaves of absence periods, unless otherwise provided in this Agreement. The application of seniority shall be limited as applied to the terms and conditions contained in this Agreement. Employees who are hired on the same date shall be placed on the seniority list as determined by adding up all of the numbers of the employee's social security number, the highest having the greatest seniority. Each number shall be considered as a single number.
Section 2. Probationary Period.
A. New employees hired shall be considered probationary employees for the first six (6) months of their employment. Unpaid absences from work in excess of ten (10) work days shall extend the probationary period accordingly. Upon completion of this probationary period, the employee shall acquire seniority dated back six (6) months from the date he/she completed the probationary period. The probationary period may be extended once for not more than thirty (30) work days, provided that a written evaluation of the employee's performance is made within the first six (6) months of employment and upon written notice to the UNION Chairperson and the affected employee.
B. The UNION shall not represent employees during the probationary period for disciplinary or discharge matters.
C. Employees disciplined, terminated or laid off during the probationary period shall not have recourse to the grievance procedure. Probationary employees can be terminated from employment with or without cause during the probationary period, except for age, height, weight, religion, physical handicap, sex, marital status, race, color, creed, national origin, political or union affiliation, or sexual preference, as required by law.
Section 3. Seniority List. The EMPLOYER shall prepare and maintain a seniority list which shall list the name, classification, anniversary date, and seniority date of each employee with seniority status. The EMPLOYER shall submit the seniority list to the UNION Unit Chairperson and UAW International Representative on a quarterly basis.
Section 4. Loss of Seniority/Employment. An employee shall lose his/her seniority and job for any of the following reasons:
A. He/she voluntarily resigns;
B. He/she is discharged for just cause and is not reinstated;
C. He/she retires;
D. He/she is laid off for a period of time greater than his/her seniority or thirty (30) months, whichever is less;
E. He/she is absent from work for three (3) consecutive work days without notification to the EMPLOYER and without acceptable excuse for not notifying the EMPLOYER;
F. He/she fails to return to work upon recall from layoff;
G. He/she fails to return to work after expiration of leave of absence; or
H. He/she makes an intentionally false statement on his/her employment application, or on an application for leave of absence, or on any other employment record or form.
LAYOFF
Section 1. Layoff Definition. In the event that a reduction in personnel and/or positions is necessary, as determined by the Ingham County Board of Commissioners, layoffs will be by positions (classification) within a department. The EMPLOYER shall determine which employment status groups shall be affected by the elimination of a position(s).
As a result of a position(s) being eliminated, as stated above, the employee in that position, shall be laid off, however, he/she may exercise his/her bumping rights as provided for hereunder.
Section 2. There shall be no increase of regular scheduled hours for part-time or special part-time employees if a full-time employee is laid off in the same classification within the same department as a part-time or special part-time employee.
Section 3. Notice to Union.
A. In the event of a layoff, representative(s) of the EMPLOYER shall meet with representatives of UAW Local 2256, prior to the effective date of the layoff, upon request by the UNION, to discuss possible alternatives to layoffs. Failure of the UNION to provide at least two (2) work days' notice of its desire to meet for the purpose stated above, shall absolve the EMPLOYER of its requirement to meet. The Human Resources Director shall notify the UNION Unit Chairperson and UAW International Representative as soon as practicable of final layoffs. However, nothing shall preclude the EMPLOYER from laying off employees.
B. The laid off employee and the Union Unit Chairperson shall be given at least ten (10) work days' prior notice of the layoff. Notice will be given to the employee in writing or sent by certified mail to the employee's last known address in the personnel file. The requirements stated in this Section 3 shall not apply to employees being laid off due to being bumped.
Section 4. In the event of lay-off, the laid off employee may choose to receive payment for all his/her accumulated vacation time, to be paid within thirty (30) days after being laid off, or the employee may choose to keep his/her accrued vacation on the books for the length of time of his/her recall rights. In the event the employee is not recalled within that period of time, the employee shall notify the EMPLOYER thirty (30) days prior to the end of his/her recall rights if he/she wishes to receive payment for vacation accumulations.
Section 5.
A. An employee in a position which is funded in total or in part by a state and/or federal grant may be bumped as provided for hereunder, the same as regular funded County employees (same department, classification, seniority grouping, etc.), unless the grant and/or regulations do not permit the same.
B. If a partial or total grant funded position is eliminated, due to termination of the grant or lack of funds in said grant, the grant employee may use his/her seniority to exercise his/her bumping rights, the same as regularly funded County employees, unless the grant and/or regulations promulgated in reference thereto do not permit the same.
Section 6. When a regular County funded employee position transfers to a grant funded position, seniority, for the purposes of layoff, shall be computed from the date of hire in the regular County funded position. Seniority time shall be continued while the employee is funded by the grant. However, if the employee could not be bumped by an employee with greater seniority because of the grant qualifications, then the employees shall only have seniority for layoff purposes during the period when he/she was on regular County funded employment.
Section 7. Seniority Groups.
A. Seniority groups are incorporated by reference into this Agreement pursuant to Attachment A. Any changes that are necessary will be negotiated between the EMPLOYER and the UNION.
B. Seniority, for the purpose of layoff is defined as the length of service the employee has in the classification (position) being reduced. However, total bargaining unit seniority shall apply after an employee has earned two (2) years of seniority while in the classification (position) being reduced for two (2) continuous years. An employee being laid off may exercise his/her bumping rights as provided under this Agreement. Employees who are hired on the same date shall be placed on the seniority list as determined by adding up all of the numbers of the employee's social security number, the highest having the greatest seniority. Each number shall be considered as a single number.
Section 8. Leaves of Absence. Employees on an approved leave of absence may exercise their seniority, in the event there has been a layoff during the term of the employee's leave of absence, upon their return.
Section 9. Employment Status Groups. Employment status groups are as follows:
Full-Time Part-Time Special Part-Time
Employees Employees Employees
a. Temporary a. Temporary a. Temporary
b. Probationary b. Probationary b. Probationary
c. Permanent c. Permanent c. Permanent
Section 10. The Employer will have a minimum of one (1) female and one (1) male on each shift at the Youth Center. Lay-off and bumping in the Youth Center shall be by seniority within a classification, except as provided below. Bumping and layoff requirements shall be suspended, if necessary, in order to maintain a minimum of one (1) male and one (1) female for each shift at the Youth Center.
BUMPING
Section 1. After a position has been eliminated, the employee occupying the eliminated position may exercise his/her bumping rights in the same seniority groups, within the same department, under the conditions stated below, however, a full-time employee bumping a part-time or special part-time employee shall be entitled to only those benefits provided to such positions.
A. The bumping employee cannot move into a position of a higher salary grade.
B. The bumping employee must have more seniority than the employee in the position who is to be bumped.
C. The bumping employee must possess the necessary ability (ability is defined as having sufficiency of knowledge, skill and personal inclination to perform the task of the position, these attributes having been attained by previous experience in related work or education) which will qualify the employee to perform the work adequately, with minimal instructions.
The foregoing provision shall not apply to temporary cases of layoff, not to exceed ten (10) work days.
Said employee must inform the EMPLOYER of his/her decision to bump within three (3) days from the date of receipt of the layoff notification.
A part-time and/or special part-time employee cannot bump a full-time employee.
Section 2. Seniority, for the purpose of bumping, is defined as the employee's date of hire, or as otherwise provided for under ARTICLE 7 and ARTICLE 8.
An employee exercising his/her bump privileges shall be placed at the same step in the new position as they held in their previous position unless bump exceeds two (2) grades, at which time the employee would be placed at the step which does not exceed fifteen percent (15%) decrease in salary.
Section 3. The bumped employee shall have the same bumping rights as the laid off employee, seniority permitting, and must be given at least two and one-half (2 and ½) work days' notification of his/her layoff due to being bumped.
Section 4. Notwithstanding anything in this Agreement to the contrary, employees shall not be able to bump between departments.
Section 5. Recall from Layoff. When openings occur in the same classification within the same seniority group and in the same employment status group in the same department from which employees have been laid off or bumped, such employees will be recalled to the same classification in the same department and in the same seniority groups in the order of their seniority.
Failure to accept recall to a lower salary grade within the same seniority group shall constitute a waiver to recall and a voluntary resignation.
Section 6. When a new or open position occurs in a seniority group in a department in a classification from which no employees have been laid off, employees with seniority in the bargaining unit in the same classification, on layoff from a different department, shall be recalled in order of their seniority for said new or open position, provided:
A. He/she has completed his/her probationary period; and
B. He/she has the appropriate training and skills to perform the duties of said position; and
C. The new or open position is within the same classification as the laid off employee.
Notwithstanding anything in this Agreement to the contrary, the recalled employee will be on probation for a period of ninety (90) days. If, within the sole discretion of the elected official or department head, or their designees, the recalled employee cannot and does not satisfactorily perform the duties of said position, he/she shall return to a laid off status upon three (3) days prior notice. Said decision shall not and is not subject to any grievance procedure provided for in this Agreement.
Section 7. Recalled employees must return to work within five (5) work days of receipt of the notice of recall. Failure to return within five (5) work days constitutes voluntary resignation.
Section 8. Employees on layoff shall notify the Human Resources Department of their current address within seventy-two (72) hours of layoff and immediately subsequent thereto of any change of address in order to afford the Human Resources Department the ability to notify said employee of recall. Failure to do so by the employee shall constitute a waiver by the employee of the employee's right to recall.
It is expressly understood and agreed that the maximum liability of the EMPLOYER for failure to recall an employee is thirty (30) days. The EMPLOYER will also send notice of the recall to the UAW International Representative by first class mail.
Section 9. TOPS employees shall not have bumping rights and/or seniority rights in another bargaining unit or in any other employee grouping. Further, other bargaining unit employees will not have seniority rights or bumping rights in the TOPS contract.
Section 10. Notwithstanding any other provisions contained in the Agreement to the contrary, the personal staff of the District and Circuit Judges shall constitute separate seniority groupings per Court, into which no other employees in the same or similar classifications may exercise their bumping rights and no personal staff of each Court shall be allowed to bump, in the event of layoff, to another classification. Personal staff within the District Court is defined as: Secretary/Court Recorder and Court Bailiff. Personal staff within the Circuit Court is defined as: Judicial Assistant (not covered by this contract). Legal Research Clerks are also defined as personal staff within Circuit Court, however, they are not covered by this Agreement.
Section 11. The Employer will have a minimum of one (1) female and one (1) male on each shift at the Youth Center. Layoff and bumping in the Youth Center shall be by seniority within a classification, except as provided below. Bumping and layoff requirements shall be suspended, if necessary, in order to maintain a minimum of one (1) male and one (1) female for each shift at the Youth Center.
HOURS OF WORK
Section 1. Work Schedule. Those employees who work on shifts shall be subject to a work schedule. A schedule will be posted once every twenty-eight (28) days indicating the normal workday of every member of the department. Said schedule shall be posted at least five (5) days prior to its effective date.
Section 2. Jury Duty. The EMPLOYER shall pay an employee called for jury duty his/her regular straight time rate he/she would earn if working, less an amount equal to the payment received for jury service. An employee excused with two (2) or more hours remaining in their work schedule must return to work for the balance of the day to receive compensation from the EMPLOYER. In order to receive payment, an employee must give the EMPLOYER at least two (2) days' prior notice that he/she has been summoned for jury duty, shall furnish satisfactory evidence that he/she reported for or performed jury duty on the day(s) for which he/she claims such payment, and must furnish a copy of the payments received from such jury duty.
Employees working on a shift basis will be allowed four (4) hours, following release from jury duty or before Jury Duty commences, prior to reporting to work on a given day.
Section 3. Work Breaks. Each employee shall be allowed to have two (2) work breaks during the work day. No more than one (1) work break may be taken before lunch. No more than one (1) work break may be taken after lunch on any one day. The duration of said break shall not exceed fifteen (15) minutes in length. A supervisor may require employees to take their breaks at specific times. Each employee shall be allowed a one (1) hour lunch break between the hours of 11:30 a.m. and 1:30 p.m., unless another arrangement is agreed upon by the employee and the department head or the immediate supervisor if the department head is not available. Work breaks do not accumulate if not taken.
Section 4. Court Time. When an off duty employee is required to spend two (2) hours or less in court, he/she shall receive the court paid witness fee; when an off duty employee is required to spend more than two (2) and up to four (4) hours in court, he/she shall receive the difference between the witness fee and $15.00; when an off duty employee is required to spend more than four (4) hours in court, he/she shall receive the difference between the witness fee and $27.50. Such time spent in court shall include time excused for lunch if the employee is required to return to court. Mileage that may be paid by the court will be considered separate payment and will not be included in the $15.00 or $27.50 total payment specified above. However, said employee shall not be paid mileage by the EMPLOYER. Said payment shall be made only when an employee is required to attend court for a work related incident. When an employee is on vacation and is called into court under this Section, said employee shall not lose vacation time for time spent in court.
Section 5. Call Back. Employees covered hereby who are called back to work preceding their normal shift or after the end thereof shall receive two (2) hours minimum payment at the rate of time and one-half their regular rate of pay for call back. However, this section only applies when an employee has left the premises of the EMPLOYER and is subsequently called back to work.
Section 6. Overtime. A department head may prescribe overtime to meet operational needs. Overtime shall consist of any and all time assigned by the department head to be worked by an employee in excess of forty (40) compensated hours in seven (7) consecutive days. An employee shall be compensated for overtime worked at the rate of time and one-half their regular rate of pay or shall receive compensatory time as stated below. However, a department head may require an employee to work more than an eight (8) hour day and, subsequent thereto, within the same work week, afford equal time off of work, thereby resulting in a forty (40) hour work week. The employee shall be given consideration of his/her desire regarding time off in said work week. Complete records of overtime shall be maintained by the EMPLOYER.
Prior approval of overtime hours is required by the supervisor or department head.
Employees may receive compensatory time at the rate of time and one-half (1 and ½) in lieu of overtime payment if mutually agreed to between the employee and his/her supervisor. If the employee's supervisor does not agree to same, the employee who works overtime shall receive normal overtime payment. Compensatory time may be accumulated to a maximum of eighty (80) hours at any one time. Any hours in excess of eighty (80) hours shall be paid at overtime rates. The use of accumulated compensatory time shall be mutually agreed upon by the affected employee and his/her supervisor.
Section 7. Change in Work Schedule. The EMPLOYER may, if it so desires, institute a four (4) day, ten (10) hour day work week. In such event, all overtime will be over ten (10) hours in a day and forty (40) hours in a week. The EMPLOYER agrees to call a special conference with the UNION prior to instituting a four (4) day, ten (10) hour week.
Section 8. On Call. When an employee is directed to be on call by his/her department head or supervisor and said employee is required to leave their home to conduct County business, this time shall be considered as time worked. The same shall be entered upon the time card of said employee and shall be compensated as stated in Section 5 (Call Back) of this Article.
An employee on call for a two (2) day weekend will be entitled to eight (8) hours of compensatory time at straight time, to be taken by the employee with the approval of the department head.
An employee on call for a three (3) or more day weekend will be entitled to sixteen (16) hours of compensatory time at straight time, to be taken by the employee with the approval of the department head.
The above-stated time shall only be given if the employee is Employer compensated for more than forty (40) hours in said week.
Section 9. Communication Operators at the Sheriff's Department shall be required to work overtime upon the request of the Employer. However, nothing shall preclude the Employer from using non-bargaining personnel to perform Communication Operator's work, except that such persons cannot be used to displace Communication Operators nor shall they be paid overtime compensation.
Section 10. Shift Premium. Shift premium for employees working other than the day shift shall be 15¢ per hour paid on a payroll period basis.
JOB OPENINGS AND TEMPORARY ASSIGNMENTS
Section 1. Job Openings. In the event of a newly created position or an opening in a vacated position, employees in the bargaining unit shall have an opportunity to apply by adhering to the normal EMPLOYER's procedure. Applications will be kept on file for a period of six (6) months and will be considered for additional openings within that period at the applicant's written request. Qualified bargaining unit members will be given consideration for the openings, as well as other qualified applicants.
Section 2. Temporary Assignment. An employee who is temporarily assigned to perform a majority of his/her duties and responsibilities in a position of a higher salary grade for more than five (5) consecutive work days shall be paid at the lower rate in the higher grade which is at least five percent (5%) above his/her current rate, except in the event that Step One of the new salary grade is ten percent (10%) above the current wage, said employee shall be placed in Step One of the new salary grade. If there is no step in the new salary grade that is between five percent (5%) or ten percent (10%) higher than his/her regular rate, said employee shall receive an increase of seven and one-half percent (7.5%). If Step One of the new salary grade is higher than ten percent (10%) above the current wage, the employee shall be placed at Step One. An employee so assigned shall advance within that grade on the same basis as other employees within that grade.
An employee may be temporarily assigned to the work of any position in the same or lower salary grade and shall not suffer any loss of pay during the period of the temporary assignment.
Employees in this bargaining unit will not be temporarily placed in a professional or managerial position, except in an emergency condition, without prior approval of the Human Resources Director or his/her designee. The Human Resources Director shall inform and discuss the matter with the UNION Chairperson prior thereto.
Section 3. Referrals.
A. Bargaining Unit employees shall be referred for promotional openings if it is determined that they possess the ability to perform the work, training, experience, physical and technical qualifications and personality and compatibility necessary to perform the duties and functions of the desired position. Such determination shall be made within the discretion of the EMPLOYER.
B. The EMPLOYER reserves the right to refer applicants for an open position in order to comply with present or future equal employment opportunity requirements.
C. The decision to fill the position will be at the discretion of the department head.
Section 4. Trial Period When Transferred or Promoted. After completion of the probationary period, any employee who is promoted or transferred to another position within the bargaining unit shall have up to a thirty (30) work day trial period. During that thirty (30) work days, the EMPLOYER, within its discretion, can demote the person to his/her former position after meeting and consulting with the employee. That decision shall not be grievable. The employee, also within that thirty (30) work days, may opt to revert back to his/her former position. Any scheduled work day missed by the employee shall extend the period for like amount of time.
The above thirty (30) work day trial period does not include an employee who occupies a position on a "temporary" basis.
In the event the position that an employee was promoted or transferred from is eliminated during the trial period and he/she subsequently decides or is required to return to the former position, under those circumstances, the seniority and layoff provisions of the contract will apply.
GRIEVANCE PROCEDURE FOR DISCHARGE OR
DISCIPLINE FOR THE DISTRICT AND PROBATE COURTS
Section 1. The following shall apply in cases of discharge or disciplinary time off, written disciplinary warnings, or any other disciplinary action taken against a non-probationary employee.
An employee of the Probate or District Courts covered under this Agreement, who has received disciplinary time off or has been discharged from employment and feels it is not for just cause, shall have a remedy as provided under this Article.
Section 2. General.
A. Default Settlement of Grievance. Any grievance not initiated, appealed, or answered within the time limits outlined within the grievance procedure shall be considered settled on the basis of the grievance presented, or answer last presented, and shall not be subject to further review.
B. Withdrawal of Grievance. Grievances may be withdrawn at any stage of the proceedings by written mutual consent of the parties.
C. Extension of Time Periods. The parties may extend the time periods within the grievance procedure by mutual written agreement.
D. Work Day Definition. For the purposes of the grievance procedure, work days shall be defined as Monday through Friday, excluding holidays.
E. Grievant Attending Meetings. The grievant may attend all meetings concerning his/her grievance with pay if scheduled during regular working hours, unless grievant has been terminated or said meeting occurs during a period of suspension.
Section 3. Grievance Procedure.
STEP 1:
A. Oral Presentation of Grievance to Supervisor. An employee receiving disciplinary time off, written disciplinary warnings or any other disciplinary action, or who has been discharged may, with or without the steward, grieve it orally to his/her immediate supervisor within five (5) work days from the knowledge of its occurrence or when the employee should have known of same.
B. Written Presentation of Grievance to Division Head. If the grievance is not settled orally, the steward and employee may jointly reduce the grievance to writing, stating the grievance, the contract provision(s) allegedly violated, and the remedy desired. They shall each sign the grievance and submit it to the employee's division head within five (5) work days from the date of receipt of the supervisor's response to the original oral grievance.
C. Written Response to Grievance by Division Head. The division head shall respond to the grievance in writing within five (5) work days following the date of presentation of the written grievance.
STEP 2:
A. If the grievance is not settled at Step 1 and the steward and employee wish to proceed further with the grievance, they may submit a signed written appeal to the Probate Court Administrator within five (5) work days from the date of receipt of the division head's written response for Probate Court employees. For District Court employees, the same procedure shall apply, except the grievance shall be submitted to the District Court Administrator.
B. Written response to the grievance shall be made by the appropriate representative of management as described in the above paragraph within five (5) work days following the date of presentation of the written appeal.
STEP 3:
A. In the event that the decision reached at Step 2 is not satisfactory to the UNION, then, under such circumstances the UNION may appeal the decision to the American Arbitration Association under its rules for the selection of an arbitrator. The rules of the American Arbitration Association shall be applicable except as otherwise modified herein.
B. The UNION shall submit its written request for arbitration, as stated above, within twenty (20) work days after receipt of the answer in Step 2.
C. The arbitrator shall at all times be governed wholly by the terms of this Agreement and shall have no power or authority to amend, alter or modify the express written provisions of this Agreement in any respect.
D. The decision of the arbitrator may be appealed by either the UNION or the Court affected by the grievance to Step 4.
E. The decision of the arbitrator shall not be binding if appealed by either the UNION or court management representatives within twenty (20) work days after receipt of the arbitrator's decision.
STEP 4:
A. Written Presentation of Grievance to Labor Relations Committee of the Court. If the grievance is appealed from Step 3, the UNION or management representative may submit a signed written appeal to the Labor Relations Committee of the court within twenty (20) work days after the date of receipt of the arbitrator's decision.
B. Composition of the Labor Relations Committee of the Courts.
1) The composition of the Labor Relations Committee shall consist of two (2) judges from the Ingham County Probate, District or Circuit Court, depending upon the availability of the judges and a retired judge from either Ingham, Eaton, Clinton, Shiawassee or Livingston counties. This panel shall sit to hear and decide the appeal.
2) Selection of Labor Relations Committee. Selection of the present Ingham County Judges shall be made by blind draw by the Human Resources Director, with a UNION representative present. The retired judge shall be selected by the UNION from a list provided by the State Court Administrative Office. The expenses of the retired judge shall be paid for fifty (50%) percent by the UNION and fifty (50%) percent by the EMPLOYER.
C. Procedure Before the Labor Relations Committee. The briefs, if any, submitted to the arbitrator in Step 3 by both parties shall be submitted to the Labor Relations Committee of the appropriate court. The decision of the arbitrator and any exhibits presented at Step 3 shall also be submitted. The UNION shall be afforded a twenty (20) minute oral argument before the panel. The EMPLOYER shall be afforded a twenty (20) minute oral argument before the panel. The hearing shall not be de novo, but shall be limited as stated above and witnesses shall not testify before the Labor Relations Committee unless requested by the Labor Relations panel.
D. Hearing Dates. The Labor Relations Committee of the affected court shall, within thirty (30) work days from receipt of the appeal, convene and hear the case.
E. Decision. A majority decision of the Labor Relations Committee of the court shall be final, conclusive and binding upon the employee, the EMPLOYER and the UNION, and may be enforced by a Circuit Court of competent jurisdiction. The Labor Relations Committee of the court shall render its decision in writing within twenty (20) work days after the hearing on the matter.
F. Appeal of Decision. There shall be no appeal from the decision of the Labor Relations Committee.
GRIEVANCE PROCEDURE FOR NON-DISCIPLINARY MATTERS
(CONTRACT INTERPRETATION AND ECONOMIC MATTERS)
FOR THE PROBATE AND DISTRICT COURTS
Section 1. A grievance is defined as a claim, reasonably and sensibly founded, of a violation of this Agreement. Any grievance filed shall refer to the specific provision alleged to have been violated and shall adequately set forth the facts pertaining to the alleged violation. All grievances shall be commenced within five (5) work days after the grievance has become known, or should reasonably have been known, by the employee. Any claims not conforming to the provisions of this definition shall be automatically defined as not constituting a valid grievance.