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HomeMy WebLinkAboutResolution 1977 (04)................ RESOLUTION NO. 7 A RESOLUTION SETTING FORTH THE TERMS OF THE AGREEMENT BETWEEN THE COUNTY OF ST. CROIX AND THE ST. CROIX COURTHOUSE EMPLOYEES, LOCAL NO. 576-B DATED JANUARY 1, 1977. BE IT RESOLVED by the County Board of the County of St. Croix as follows: Section 1. That the Terms of the Agreement ratified by and through the Personnel Committee of the County of St. Croix and the St. Croix County Courthouse Employees, Local No. 576-B for the years January 1, 1977 through December 31, 1978, is hereby adopted; That a copy of the 1976 Agreement and the Memorandum of Terms for 1977 and 1978 are attached hereto as Exhibit A and incorporated herein by reference as though fully set forth herein. Section 2. That all resolutions or parts of resolutions contravening the provisions of this Resolution and Terms of Agreement are hereby repealed. Section 3. That if any part or parts of this Resolution and Terms of Agreement are invalid, it shall not invalidate the entire Resolution or Terms of Agreement. Section 4. That this Resolution and Terms of Agreement shall take effect and be in force from and after its passage and publication, and all wages shall be paid in accordance with the Terms of the Agreement from January 1, 1977. This Resolution was introduced at a regular meeting of the County Board of the County of St. Croix, held this 12th day of January, 1977. Introduced by Personnel Committee: Milton Meinke, Chairman William-W.- Ward wrence BIaKeboroug Ma y Wise Hallu Harold J . Stalk \ Vymeou'rDahm Passed and approved this 12th day of January, 1977. AEorman . Anderson, County Board Chairman ATTEST: F. Verna Stohlberg, County Clerk Prepared by: Mark .L. Olson, Attorney at Law r St. Croix County Courthouse Changes 1. Article 1 Section 2: Add the following clause: Damages and Costs: In the event the provisions of this fair share agreement are successfully challenged in a court or an administrative body and it is determined that the Employer must pay such sums as have been deducted from earnings in accordance with the provisions hereof, the collective bargaining representative agrees to indemnify the Employer in full for all sums which the Employer has been determined to be liable. 2. Add the following.article to the contract: ENTIRE MEMORANDUM OF AGREEMENT This agreement constitutes the entire agreement between the parties and no oral statements shall supersede any of its provisions. Any amendment or agreement supplemental hereto shall not be binding upon either party unless executed in writing by the parties hereto. The parties further acknowledge that, during the negotiations which resulted in this agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the areas of collective bargaining and the understandings and agreements arrived at by the parties after the exercise of that right and the opportunity as set forth in this agreement. Therefore the County and the Union, for the life of this agree- ment, each voluntarily and unqualifiedly waive the right, and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter not specifically referred to or covered in this agreement, reement, even though gh such subject may not have been within the knowledge and contemplation of either or both of the parties at the time that they negotiated or signed this agreement. Waiver of any breach of this agreement by either party shall not consitute a waiver of any future breach of this agreement. Nothing contained in this agreement shall be interpreted as granting to either party hereto authority to unilaterally establish any matter without collective bargaining pursuant to Wisconsin Statutes. 3. Delete Section 3 of Article 12. 4. Add "No Strike Agreement" as follows: Secti®n 1. Strike Prohibited. Neither the Union nor any officers, agents or employees shall instigate, promote, encourage, sponsor, engage in or condone any strike, strike picketing, slow down, concerted work stoppage, or any other intentional interruption of work during the term of this agreement. . Section 2. Union Action. Upon notification by the County to the Union that certain of its members are engaged in the violation of this provision, the Union shall immediately in writing order such members to return to work, provide the County with a copy of such an order and a responsible official of the Union shall publicly order them to return to work. In the event that a strike or other violation not authorized by the Union occurs, the Union agrees to take all reasonable, effective and affirmative action to secure the members return to work as promptly as possible. Failure of the Union to issue the orders and take the action required herein shall be considered in determining whether or not the Union caused or authorized the strike. 5. Article 3 Section 1: Add the following to the Probationary Period: During the probationary period the employee shall be subject to dismissal for any reason without recourse to the grievance procedure. 6. Article 3 Section 7: Promotions, revise as follows: All promotions of employees shall be in an orderly procedure as provided herein. Whenever it becomes necessary to make a promotion, fill a vacancy or fill a new position in the bargaining unit, the open job shall be posted, giving a summary of the duties, qualifications and the rate of pay one week prior to making such promotion or filling such vacancy. Any employee in the unit interested in such promotion or vacancy may sign the posting. The employee having the greatest seniority and who can meet the qualifications determined by the County shall be given the position.• Such qualifications shall be uniformly applied and commensurate with the duties of the position in question. Present employees shall be given preference before any new employees are hired. An employee, upon being promoted to a higher position or classification, shall serve a trial period of sixty (60) working days in the classification. In the event that the County determines that the employee does not qualify to fulfill the position before the end of the sixty (60) working days, the County reserves the right to return this employee to his/her former position at his/her former rate of pay. An employee may choose to return to his/her former classification at his/her former rate of pay within the sixty (60),working day trial period. Article 4 Section-5. Grievance Procedure. Revise as follows: A. Definition of a Grievance: Grievance shall mean a dispute concerning the interpretation or application of this contract. B. Subject Matter: Only one subject matter shall be covered in any one grievance. A written grievance shall contain the name and position 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 of the Agreement alleged to have been violated, and the signature of the grievant and the date. If a grievance affects a group or a class of employees, the Union may submit such grievance in writing to the Finance Committee directly, and the processing of such' grievance will be commenced at Step 2. Such grievance must be signed by the-agrieved employees. C. Time Limitations: If it is impossible to comply with the time limits specified in the procedure because of work schedule, illness, vacations, etcthese limits may be extended by mutual consent in writing. The time limits contained herein shall pertain to the Union and the County. D. Settlement of Grievances: Any grievance shall be considered settled at the completion of any step in the procedure if all partices concerned are mutually satisfied. Dissatisfaction is implied in recourse from one step to the next, and/or failure to reply in a timely fashion. E. Steps in Procedure: Step 1. The employee shall prepare and file a written grievance on forms provided by the Union with the employee's department head within ten (10) working days after he knew or should have known of the event giving rise to the grievance. Copies of the written grievance are to be provided, in addition to the department head, to the Personnel Com- mittee, the Finance Committee, the Union Steward and the Union Grievance Committee. The department head will further investigate the grievance and submit his decision in writing to the employee within seven (7) calendar days after receiving written notice of the grievance. Copies of the department head's written response shall be provided to the Personnel Committee, the Finance Committee, the Union Steward, and the Union Grievance Committee. In the event of a grievance, the employee shall perform his/her assigned take and grieve his/her complaint later, unless the work order in question represents an unreasonable threat to the safety or health of the employee. Step 2. If the grievance is not settled in the first step, the employee and/or the Union may appeal the written grievance to the Finance Committee within five (5) working days after receipt of the written decision of the department head. The Finance Committee shall discuss the grievance with the employee and/or the Union. Following said conference, the Finance Committee shall, within ten (10) calendar days, submit a written response to the employee, the Personnel Committee, and the Union Steward. F. Arbitration: 1. Time Limit: If a satisfactory settlement is not reached in Step 2, the Union must notify the Finance Committee in writing within ten (10) working days after receiving the Step 2 decision that they intend to process the grievance to arbitration. 2. Arbitrator: The parties shall attempt to voluntarily agree upon a neutral arbitrator. In the event they are unable to agree, either party may request the Wisconsin Employment Relations Commission to appoint one of their staff members as sole arbitrator. 3. Arbitration Hearing: The arbitrator selected or appointed shall meet with the parties at a mutually agreeable date to review the evidence and hear the testimony relating to the grievance. Upon completion of this review and hearing, the Arbitrator shall render a written decision to both the County and the Union which shall be binding upon both parties. 4. Costs: Both parties shall share equally the costs and expenses of the arbitration proceedings, including transcript fees and fees of the Arbitrator. Each party, however, shall bear its own costs for the Board members selected by it, witnesses, and all other out-of- pocket expenses, including possible attorneys' fees. Testimony and other participation of employees necessary to the determination of the matter at issue shall be paid by the County; however, no over- time shall be paid for such testimony or participation. The arbi- tration hearing shall be conducted in the County Courthouse. 5. Transcripts: There shall be a transcript prepared for each arbi- tration hearing, unless the parties mutually agree that no transcript shall be required. 6. Decision of the Arbitrator: The remedy or decision to the subject matter of the grievance and shall be to interpretation of the contract in the area where breach occurred. The Arbitrator shall not modify, from the express terms of the agreement. shall be limited restricted solely the alleged add to or delete 8. Article 1 Section Management Rights: Revise as follows: The County possesses the sole right to operate County government and all management ri,Ihts repose in it, subject only to the provisions of this contract and applicable law. These rights include, but are not limited to, the following: A. To direct all operations of County government. B. To establish reasonable work rules. C. To hire, promote, schedule and assign work. D. To suspend, discharge and take other disciplinary action against employees for just cause. E. To relieve employees from their duties because of lack of work or lack of funds. F. To maintain efficiency of County operations. G. To take action which is necessary to comply with state or federal law. H. To introduce new or improved methods or facilities, or change existing methods or facilities. I. To determine the kinds and amounts of services to be performed as pertains to County government operation aid the number and kinds of positions and job classifications to perform such services. J. To contract out for goods or services, provided such actions shall not result in the layoff of bargaining unit personnel. K. To determine the methods, means and personnel by which County operations are to be conducted. L. To take action which is necessary to carry out the function of County government in situations of emergency. 9. Article 8 Section 2 Vacations: Revise as follows: Upon termination of employment, the employee shall receive payment equal to the amount of vacation pay he/she would have received had the termination not occurred. In the event the employee severs the employment relationship, failure to give a ten (10) day notification prior to such termination, excluding death or disability, shall result in loss of accrued vacation benefits. 10. 1977 Wages - $40.00 across the board. 11. Additional Paid Holidays - the day after Thanksgiving. 12. Health Insurance - the County will contribute $50.00 per month toward premiums in 1977, and $60.00 toward premiums'in 1978. 13. Vacations: Four (4) weeks after twenty (20) years, with a maximum vacation pay of two (2) weeks unless specific permission of the department head has been sought and received by an employee. 14. 1978 - Sick Leave: One half of unused accumulated sick leave upon retirement from service with the County at the retirement age specified by the State of Wisconsin. 15. Duration of this contact is to be two (2) years with a reopener in 1978 for wages and one fringe benefit.