AGREEMENT

BETWEEN

MIDLAND COUNTY BOARD OF COMMISSIONERS

AND

MIDLAND COUNTY DEPARTMENT OF HUMAN SERVICES

AND

UNITED STEELWORKERS

January 1, 2017 – December 31, 2018

TABLE OF CONTENTS

Page

AGREEMENT...................................................1

ARTICLE 1 RECOGNITION ....................................2

ARTICLE 2 DISCRIMINATION .................................4

ARTICLE 3 UNION SECURITY .................................5

ARTICLE 4 WORK BY NON-BARGAINING UNIT EMPLOYEES ..........8

ARTICLE 5 UNION RESPONSIBILITY ...........................9

ARTICLE 6 COUNTY RIGHTS ..................................10

ARTICLE 7 SENIORITY ......................................11

ARTICLE 8 GRIEVANCE PROCEDURE ............................14

ARTICLE 9 DISCHARGE & DISCIPLINE .........................16

ARTICLE 10 UNION ACCESS ...................................17

ARTICLE 11 OVERTIME .......................................18

ARTICLE 12 LEAVES OF ABSENCE ..............................21

ARTICLE 13 FUNERAL LEAVE ..................................24

ARTICLE 14 ANNUAL LEAVE ...................................25

ARTICLE 15 JURY DUTY & COURT ATTENDANCE ...................27

ARTICLE 16 WORKING CONDITIONS .............................28

ARTICLE 17 LONGEVITY PAY ..................................31

ARTICLE 18 HOLIDAYS .......................................32

ARTICLE 19 INSURANCE ......................................33

ARTICLE 20 RETIREMENT .....................................37

ARTICLE 21 MISCELLANEOUS ..................................40

ARTICLE 22 COMPENSATION ...................................42

ARTICLE 23 JOB CLASSIFICATION AND DESCRIPTIONS ............42

ARTICLE 24 SCOPE OF AGREEMENT .............................44

ARTICLE 25 DURATION OF AGREEMENT ..........................45

APPENDIX A –PAY GRADES AND JOB CLASSIFICATIONS..............47

APPENDIX B – WAGE SCHEDULES.................................48

APPENDIX C1 - BLUE CROSS-BLUE SHIELD PPO4...................50

APPENDIX C2 - BLUE CROSS-BLUE SHIELD PPO8...................53

APPENDIX D – BLUE CROSS-BLUE SHIELD DENTAL..................56

APPENDIX E – BLUE CROSS-BLUE SHIELD VISION..................58

APPENDIX F - 2017 AND 2018 BASE PAY AND BONUSIMPLEMENTATION SCHEDULES .......................59

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AGREEMENT

WHEREAS, this Agreement is made and entered into effective January 1,2017 by and between the Midland County Board of Commissioners(“County”), the Department of Health and Human Services Board(“HHSB”) and the United Steelworkers, AFL-CIO-CLC on behalf of LocalUnion 12075-03 ("Union").

WHEREAS, the County and the HHSB each separately agree with the Unionthat this Agreement is entered for and in consideration of the mutualpromises each respectively made by and with the Union. It is agreedby the Union that the County Board of Commissioners and the HumanServices Board respectively retain and reserve unto themselves,without limitation, all powers, rights, authority and dutiesconferred upon them by the laws and the Constitution of the State ofMichigan, except as expressly limited by the terms of this Agreement.There shall be no implied dilution of the powers conferred upon theBoard of Commissioners or the Human Services Board;

WHEREAS, the County is a public employer and is engaged in furnishingessential public services vital to the people of Midland County;

WHEREAS, the County and its employees have a high degree ofresponsibility to the public to assure orderly and uninterruptedoperations and functions of government;

WHEREAS, the parties hereto, in recognition of their respectiveresponsibilities, enter into this Agreement with the intention anddesire to foster and promote sound, stable and peaceful laborrelations between the County and its employees, and to that end theparties have reached an understanding governing the conditions ofemployment;

WHEREAS, it is the further intent and desire of the parties hereto toestablish an orderly relationship between the County and itsemployees so that grievances may be settled quickly and to thesatisfaction of both parties, and so that service to the public willnot be disrupted;

NOW, THEREFORE, in consideration of the mutual promises andobligations herein assumed, the parties agree as follows:

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ARTICLE 1 - RECOGNITION

The County recognizes the Union as the sole and exclusiverepresentative for the purpose of collective bargaining with respectto rates of pay, hours of work and other conditions of employment forall full-time and part-time Resident Associates of Pinecrest Farms,excluding supervisors, and all other employees of the County.

The Union recognizes that competent professionals in the socialservices field have, in the past, prescribed therapy for residents ofthe Pinecrest Farms that has included the assignment to suchresidents of certain duties or work normally performed by employeesin the bargaining unit. It is expressly agreed by the parties thatthis therapy may continue.

The Union also recognizes that a program to afford work opportunitiesto welfare recipients has been implemented and that the program mayinclude the assignment to such welfare clients of certain duties orwork normally performed by employees in the bargaining unit. If isexpressly agreed by the parties that this program may continue.

When the County establishes a new or changed job so that dutiesinvolving a significant amount of work normally performed on a jobwithin the bargaining unit (or, in the case of new work would beperformed on such a job) are combined with duties not formerlyperformed on a job within the bargaining unit, the resulting jobshall be considered as within the bargaining unit. This provisionshall not be construed as enlarging or diminishing whatever rightsexist in respect of withdrawal of non-bargaining unit duties from ajob in the bargaining unit, provided that where non-bargaining unitduties are placed in a job in the bargaining unit under thisprovision, such duties may be withdrawn at any time. The Countyshall, on request, furnish to the Union reasonable information topermit determination of questions of compliance with this provision.

The term "employee" when used hereinafter in this agreement shallrefer to all employees represented by the Union in the bargaining ornegotiating unit as above defined and reference to male employeesshall include female employees.

For purposes of this Agreement, the following terms shall be definedas follows:

(A) Regular “full-time employee” shall mean a person who isregularly scheduled to work sixty-five (65) or more hours perbiweekly pay period. This shall not constitute a guarantee ofpay or work.

(B) Regular “part-time employee” shall mean a person who isregularly scheduled to work less than sixty-five (65) per

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biweekly pay period. Except as otherwise provided in thisAgreement, part-time employees shall not be entitled to leavesof absence, insurance benefits, retirement benefits and otherbenefits provided under this Agreement.

(C) “Temporary employee” shall mean a person who is employed by theemployer for a period of six (6) consecutive months or less,unless replacing an employee who is on an approved leave ofabsence, in which event the temporary employee may be employedfor the duration of the leave of absence. A temporary employeeis not subject to the terms of this Agreement.

(D) Unless otherwise indicated, the term “day(s)” means calendarday(s).

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ARTICLE 2 - DISCRIMINATION

The County agrees that it will not discriminate in any manner againstany person in its employ by reason of his membership and activity inthe Union. The County further agrees that it will not in any wayinterfere with the organization of the Union, and, further, will notcommit any act calculated to undermine the Union.

It is the continuing policy of the County and the Union that theprovisions of this Agreement shall be applied to all employeeswithout regard to race, color, religious creed, national origin,disability, age, sex, union membership or political affiliation. Therepresentatives of the Union and the County in all steps of thegrievance procedure and in all dealings with the parties shall complywith this provision.

The Union agrees to exert every effort on its part to cause theemployees, individually and collectively, to perform and render legaland efficient work and service on behalf of the County and thatneither its members nor representatives will intimidate, coerce,interfere with, or discriminate against any employee in any manner atany time.

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ARTICLE 3 - UNION SECURITY

Section 3.1. Membership.

(A) Membership in the Union is not compulsory. Employees have theright to join, not join, maintain or drop their membership inthe Union as they see fit. Neither party shall assert anypressure on or discriminate against any employee in regard tosuch matters.

(B) The Unit President shall be notified of new employees hired intothe bargaining unit and be provided with the name, address, andtelephone number of each new employee. A unit representative (onthe unit representative's break) shall be afforded theopportunity to meet with each employee for 15 minutes duringworking hours within four weeks of the new hire date.

(C) The County and the Union agree that they will not interfere withthe free choice of any employee regarding the decision to join,not join, or to continue or discontinue as a member of theUnion, and further agree that they will in no way discriminatein favor of or against any employee because of his/her status ormembership in the Union.

Section 3.2.

In accordance with Michigan P.A. 348 of 2012, current employees andthose who have successfully passed their probationary period may ormay not become and remain members in good standing with the Union. IfMichigan law changes to allow the enforcement of Union Securityrequirements, the parties will adopt a Union Security provisionrequiring Union membership as a condition of employment.

Section 3.3.

(A) Employees may have monthly membership dues deducted from theirearnings by signing an Authorization Form, or they may pay duesdirectly to the Union. Such form shall at all times be compliantwith applicable state and federal law and be agreeable to theUnion and the County.

(B) During the life of this Agreement and in accordance with theterms of the Authorization Form and to the extent the laws ofthe State of Michigan permit, the County agrees to deduct theabove-referenced Union membership dues from the pay of eachemployee who, as of the fifteenth (15th) day of the monthpreceding the month in which a deduction is to be made, has acurrently executed Authorization Form on file with the County.The Union's International Secretary-Treasurer shall submit tothe County’s Payroll Office written certification of the amountof dues/service fees to be deducted pursuant to the provisionsof this Article.

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(C) A properly executed copy of such Authorization Form for eachemployee for whom the Union membership dues are to be deductedhereunder shall be delivered by the Union to the County beforeany payroll deductions shall be made. Deductions shall be madethereafter only under the Authorization Forms which have beenproperly executed and are in effect. Any Authorization Formwhich is incomplete or in error will be returned to the Union'sInternational Secretary-Treasurer by the County.

(D) Check-off deductions under all properly executed AuthorizationForms shall become effective at the time the application istendered to the Employer and if received on or before thefifteenth (15) day of the month preceding the month in which adeduction is to be made, shall be deducted from the first (1st)pay of such month, and monthly thereafter.

(E) Once any funds are remitted to the Union by the County, theirdisposition shall be the sole and exclusive obligation andresponsibility of the Union. In cases where a deduction is madethat duplicates a payment that an employee already has made tothe Union, or where a deduction is not in conformity with theprovisions of this Agreement or applicable state or federal law,refunds to the employee will be made promptly by the Union.

(F) All sums deducted by the County shall be remitted to the Union'sInternational Secretary-Treasurer once each month within fifteen(15) calendar days following the payday in which deductions weremade, together with a list which identifies current employeesfor whom Union dues have been deducted, the amount deducted fromthe pay of each employee and any employees who have terminatedtheir Check-Off Authorization during the previous month.Employees may terminate such Check-off Authorization at any timeby serving written notice thereof to the County.

(G) The County shall not be liable to the Union for the remittanceor payment of any sum other than that constituting actualdeductions made from wages earned by employees.

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Section 3.4.

The County assumes no obligation, financial or otherwise, arising outof any provision of this Article. Further, the Union hereby agrees tohold harmless and indemnify the County from any and all claims,actions, demands, suits, proceedings, and other forms of liability,including all costs and attorney fees, that shall arise out of or byreason of any action taken or not taken by the County for the purposeof complying with this Article, including, but not limited to, thededuction of membership dues made by the County from the wages of anyemployee(s), and its reliance on any list, notice or assignmentfurnished by the Union, or the termination of employment of anyemployee(s) pursuant to the provisions of this Article.

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ARTICLE 4 - WORK BY NON-BARGAINING UNIT EMPLOYEES

The Union agrees that supervisors and other non-bargaining unitpersonnel perform many of the same tasks normally performed byemployees in the bargaining unit in cases of emergencies when unionemployees are unavailable, where unsafe conditions exist, or asinterrelated parts of their jobs. The term “emergency” as usedherein is an unforeseen circumstance or a combination ofcircumstances which call for immediate action in a situation which isnot expected to be of a recurring nature.

The County agrees that the performance of bargaining unit work bysupervisors and other non-bargaining personnel shall not beundertaken for the purpose of eroding the bargaining unit.

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ARTICLE 5 - UNION RESPONSIBILITY

The Union agrees to cooperate with the County in strict observance ofall the terms, provisions and agreements herein contained so that thepurposes and objectives of this Agreement may be fully attained tothe end that mutual interests of the parties hereto may be maintainedat all times. The Union recognizes that it has a jointresponsibility with the County in maintaining good labor relationsand the cooperative effort of the employees to the end that theCounty and the people of Midland County will receive from theemployees’ efficient and uninterrupted service.

At no time during the term of this Agreement or during any period oftime that negotiations are in progress between the Union and theCounty for the continuance or renewal of this Agreement, will theUnion cause or authorize or permit its members or any of them tocause, nor will any member of the bargaining unit take part in, anyimpeding of work or curtailment of or interference with any operationof the County or any building, office, grounds or facility of theCounty.

The Union further agrees that it shall not cause, authorize or permitits members at any time to violate the laws of the State of Michiganconcerning the duty of public employees not to strike.

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ARTICLE 6 - COUNTY RIGHTS

The Union recognizes that the management of the operations of theCounty and its respective departments is solely a responsibility ofthe County and the respective department heads, and that nothing inthis Agreement shall restrict, interfere with or abridge any rights,powers, authority, duties or responsibilities conferred upon orvested in the County, or any of its elected or appointed officials,by the laws and Constitution of the State of Michigan or of theUnited States of America.

In addition to all rights conferred by law, the County, including theHHSB, reserves the right to manage its affairs efficiently andeconomically, including, by way of illustration but not by way oflimitation, the right to determine the number and locations ofbuildings and work areas within buildings, the work to be performedwithin the bargaining unit, the amount of supervision necessary, themethods of operations, the schedules of work, the right to purchasework, processes or services of others, the selection, procurement,design, engineering and control of tools, equipment and materials,the discontinuance of any services, materials or methods ofoperation, the quantity and quality of service, the right to hire, todiscipline, suspend or discharge for just cause, to assign, promoteor transfer employees, to determine the amount of overtime, if any,to be worked, to relieve employees from duty because of lack of workor for other legitimate reasons, to direct the work force, assignwork and determine the number of employees assigned to each jobclassification, to establish, change, combine or discontinue jobclassifications and prescribe and assign job duties, to adopt, reviseand enforce reasonable working rules and regulations which areoutlined in the Pinecrest Farms Handbook and which are applicableunless abridged and subject to express provisions of this Agreementas herein set forth.

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ARTICLE 7 - SENIORITY

Section 7.1: Principle of Seniority

The aim and purpose of this Article is to provide an equitablemeasure of each employee's investment in the County’s operationsbased on the employee's length of service. Therefore, it is agreedthat whenever the County lays off or recalls any of the work force,the principle of seniority shall prevail, provided the employeeretained or recalled is capable of doing the work. Further,seniority is recognized as a factor in the award of jobs.

Section 7.2: Probationary Employees

Until a newly hired employee has been employed for ninety (90)calendar days in the bargaining unit, the employee shall be known asa "probationary employee". Probationary employees shall berepresented by the Union in matters concerning wages, hours andworking conditions, but the County reserves the right to decidequestions relating to the discipline or discharge of probationaryemployees.

Section 7.3: Computation of Seniority

Upon successful completion of a ninety (90) day probationary periodeach full-time employee shall acquire seniority status and beassigned a seniority date retroactive to the employee's most recentdate of hire into the bargaining unit. Such employee's name shallalso be added to the Unit seniority list.

When employees have the same seniority date, the employee with thelowest County employee number will be given preference.

Section 7.4: Super-Seniority of the Unit President

In order to avoid a layoff only, the employee holding the position ofUnit President shall be considered to have the highest seniority inthe bargaining unit during his term of office provided he is capableof doing the work. Super-seniority granted under this section maynot be used for promotional purposes.

The Union will provide the County with the name of the employeecovered under this section.

Section 7.5: Loss of Seniority

An employee's seniority shall terminate and he shall be removed fromthe County’s payroll upon the occurrence of any of the following:

(A) Voluntary quit or failure to return from leave of absence.

(B) Discharge for just cause.

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(C) Retirement.

(D) Acceptance of a position with the County that is not in thebargaining unit if that position is held for over ninety (90)calendar days.

(E) Failure to report within five (5) working days of receipt ofnotice of recall, said notice having been in writing bycertified mail, return receipt requested, addressed to theemployee's last address of record.

(F) Layoff exceeding two (2) years.

Section 7.6: Unit Seniority List

The County shall keep a record of each full-time employee's servicein the bargaining unit and shall furnish to the Unit President an up-to-date copy of the unit seniority list. In addition, the Countyshall furnish an up to date copy of part-time employees’ length ofservice upon the Union’s reasonable requests.

Section 7.7: Filling Vacancies or New Openings

Regular jobs (vacancies or new openings) within the bargaining unitshall be filled on the basis of necessary qualifications by postingnotice of same. Where there is more than one qualified applicant forthe job (vacancy or new opening) the applicant with the most full-time seniority will be awarded the job.

If no full-time seniority employee(s) signs for a vacancy, then part-time employees may sign for a full-time or part-time vacancy.Selection will be made based on the applicant meeting the minimumqualifications of the job description and the applicant's aptitudeand ability to perform the duties of the vacancy. Consideration willalso be given to the applicant’s length of service with Pinecrest.

Section 7.8: Job Posting

When a regular job is to be filled, the County will post a notice onthe bulletin board giving all full-time seniority employees anopportunity to make application for the job by filing the appropriateapplication form. Said notice shall be posted for a period of five(5) working days. The job posting notice will show the shift,classification, and necessary qualifications for the job vacancy.All posted vacancies shall be filled by appointing the seniorqualified bidder within five (5) working days of the close of the jobposting period. During the bidding period the County may make atemporary assignment to fill the posted vacancy. An employee biddinginto a classification shall be offered three (3) working days on-the-job training to demonstrate his ability to perform the job. If suchemployee fails to adequately perform the job, he shall be returned to

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his previous position without loss of seniority rights and the nextmost senior qualified applicant for said vacancy shall be appointed.

Absent employees shall be considered as signers on any job posted. Ifan employee on recall is awarded the job, he shall be notified byregistered mail addressed to his last known address.

No employee shall sign a job posting unless he is willing to assumethe duties of the posted position.

Section 7.9: Notice of Work Force Reduction

In the event of a reduction in the work force, the County will givethe affected employees at least fourteen (14) calendar days advancenotice.

Section 7.10: Work Force Reduction (Lay-offs)

Should it become necessary for the County to reduce the work force,such reduction shall begin with the employee with the lowestseniority within the classification being reduced. Employees soreduced may, on the basis of their seniority, bump a lesser seniorperson in any classification. An employee bumping into anotherclassification as herein provided shall be given twenty- four (24)hours on the job training and three (3) working days to perform thejob. If the employee fails to adequately perform the job in saidperiod, or wishes to withdraw from said job, the employee shall bereturned to his previous status (lay-off) without loss of seniorityrights. No reduction of employees with seniority will take placeuntil all probationary, temporary and part-time employees arereleased, provided the employees with seniority are capable ofperforming the available work.

The names of laid off employees shall be placed on the recall list inthe order of their seniority.

Section 7.11: Temporary Jobs

(A) Assignments to temporary jobs shall not exceed thirty (30) days,except as otherwise provided by this Agreement or mutualagreement of the Union and County. The provisions of Section7.8 Job Posting shall not apply to the assignment of temporaryjobs but consideration should be given to seniority whentemporary job assignments are made.

(B) Temporary jobs (created by a full-time employee’s absence) whichexceed thirty (30) days, will be subject to Section 7.8 - JobPosting. The employee awarded the temporary job shall remain onsaid job for the duration of the vacancy. When the employee whocreated the temporary job returns to work, that employee will bereturned to his/her regular job and all employees awardedsubsequent jobs will revert to their former position.

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ARTICLE 8 - GRIEVANCE PROCEDURE

Section 8.1: Definition

"Grievance" as used in this Agreement is limited to a formal disputeinvolving the interpretation or application of the provisions of thisAgreement.

Section 8.2: Settlement

All grievances arising under and during the term of this Agreementshall be settled in accordance with the procedure herein provided.Every effort shall be made to satisfactorily adjust grievances in anamicable manner between the County and the Union. Employees andtheir representatives involved in this grievance procedure shall beallowed a reasonable amount of time off, with pay, during workinghours. Time off shall be scheduled by supervision at timesconvenient to the operation.

Section 8.3: Grievance Procedure

The County recognizes the right of the Union to select or appoint aUnit President and one Steward to assist employees in presentinggrievances to representatives of management. Employees designated asa Unit President or Steward shall first attain seniority status withthe County. The name of the Unit President and Steward shall begiven to the County, in writing, by the Union before the UnitPresident and Steward assumes their duties.

Step 1. Within ten (10) working days of the occurrence of the actor condition giving rise to the grievance, the aggrievedemployee and Unit President (or Steward) shall confer withthe employee's immediate supervisor for the purpose ofresolving the grievance. If the grievance is not broughtto the immediate supervisor's attention within the abovespecified ten (10) working days, further processing of thegrievance shall be barred. Within five (5) working daysafter the Step 1 conference, the immediate supervisor shallgive an answer to the grievance to the employee and theUnit President (or Steward).

Step 2. If the grievance is not satisfactorily resolved, the UnitPresident (or Steward) shall, within five (5) working daysof receipt of the Step 1 answer, reduce the grievance inwriting, secure the signature of the grievant and presentthe written grievance to the County's PinecrestAdministrator, with a copy to the County's Director ofHuman Resources. The Pinecrest Administrator shall conferwith the employee and Unit President (or Steward) withinfive (5) working days of receipt of the written grievancefor the purpose of resolving the grievance. Within five(5) working days after the Step 2 conference, the Pinecrest

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Administrator shall provide a written answer to thegrievance to the Unit President (or Steward), with a copyto the Director of Human Resources and employee.

Step 3. If the grievance is not satisfactorily resolved, the UnitPresident (or Steward) shall, within five (5) working daysof receipt of the Step 2 answer, appeal the grievance toStep 3 by informing the County's Director of HumanResources, in writing of the Union's desire for a Step 3conference. The Director of Human Resources shall thenschedule a conference for the grievant and the Union'sInternational Representative to confer with the County'sDirector of Human Resources and Bargaining Committee forthe purpose of satisfactorily resolving the grievance. ThisStep 3 conference shall be scheduled as quickly as all theparticipants are available. Within five (5) working daysafter the Step 3 conference, the County shall provide awritten answer to the grievance to the Union'sInternational Representative, with a copy to the grievant.

Step 4. If the grievance is not satisfactorily resolved, theUnion's International Representative shall, within thirty(30) working days of receipt of the Step 3 answer, servewritten notice upon the County's Director of HumanResources of the Union's intent to submit the grievance toarbitration before an arbitrator to be appointed by mutualagreement of the parties hereto. If the parties cannotagree as to the arbitrator, he shall be selected by theFederal Mediation and Conciliation Service in accordancewith its rules which shall likewise govern the arbitrationhearing. Neither party shall be permitted to insert in sucharbitration proceedings any issues which have notpreviously been set forth in the grievance procedure.

The arbitrator shall have no power to alter, add to, or subtract fromthe terms of this Agreement. The arbitrator will be without power orauthority to make any decision which requires the commission of anyact prohibited by law or which is violative of the terms of thisAgreement. An arbitration hearing will be held at which both partieswill be able to attend. Each party may present the testimony ofwitnesses and any pertinent written evidence. The cost of thearbitrator shall be borne equally by the County and the Union. Ifeither party shall claim before the arbitrator that a particulargrievance fails to meet the test of arbitrability as herein provided,the arbitrator shall proceed to decide such issue before proceedingto hear the case upon the merits. The arbitrator shall have theauthority to determine whether he will hear the case on its merits atthe same hearing in which the jurisdictional question is presented.In any case, where the arbitrator determines that such grievancefails to meet said test or arbitrability, the arbitrator shall referthe case back to the parties without a recommendation on the merits.

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ARTICLE 9 - DISCHARGE & DISCIPLINE

Section 9.1: Notice of Discharge

In the event a member of the unit shall be discharged from hisemployment from and after the date hereof, such discharge shallconstitute a case arising under the methods of adjustment ofgrievances as herein provided. The Unit President will beimmediately notified, in writing, of such discharge.

Section 9.2: Time Limits to Grieve

In all cases of discharge, a grievance, if any, must be filed inwriting within twenty (20) working days of the receipt of the noticeof discharge provided above.

Section 9.3: Presence of the Unit President or Steward in PotentialDiscipline Layoff Cases

(A) The employee(s) may request the presence of the Unit President(or Steward) in any disciplinary meeting held between managementand bargaining unit employees.

(B) An employee may request the presence of the Unit President (orSteward) at any investigatory meeting the employee is requiredto attend when such meeting could influence the County'sdecision to discipline said employee. Such request shall not bedenied.

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ARTICLE 10 - UNION ACCESS

Authorized representatives of the Union shall be permitted access tothe facilities of the Pinecrest Farms during working hours to talkwith employees and/or representatives of the County concerningmatters covered by this Agreement. Such representatives shall notinterfere with the performance of the employees' duties and, further,shall first make arrangements with the Pinecrest Administrator priorto gaining such access.

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ARTICLE 11 - OVERTIME

Section 11.1: Overtime Distribution

Employees will be provided personal notice of overtime requirementsas far in advance as possible. Employees shall work a reasonableamount of overtime when requested. Consideration shall be given toany reasonable request of an employee to be excused from overtimework. In those instances where overtime work will cause the employeehardship or serious inconvenience the employees will be excused fromovertime work so long as other qualified employees are available toperform the overtime assignment. All overtime shall be authorized bythe employee's supervisor.

Mandatory stay over to the next shift while awaiting a replacement,will be done by starting with the most senior person on that shift ona voluntary basis. If the position is not filled, the least seniorperson on that shift will be required to fill the position.

The following will be used to determine overtime distribution forregular full time, regular part time, and on-call employees.

Section 11.2: Two-Week Schedule Preparation and Employee LeaveRequest Made Thirty (30) Days In Advance

Two-week work schedules are completed and posted up to four (4) weeksin advance.

Employees must post vacation or personal day requests thirty (30)days in advance so that other staff members may sign up to work theposted shifts. Postings will be date stamped and remain on the signup board for fourteen (14) calendar days. Employees may not postmore than sixty (60) days in advance. If an employee signs up towork another shift, he cannot change his mind at a later date withoutapproval of the Pinecrest Administrator or designee.

The two-week work schedule will be awarded in the following order:

(A) All Union employees will be awarded their regular full andregular part-time shifts.

(B) If there are any shifts open after filling the work schedules asprovided in number 1 above, the available shift(s) will beawarded first to regular part-time employees. (An employee oncehaving turned down or not signed for the shift, may not changehis/her mind and make a claim for said shift, or make a claimfor overtime.

(C) On-call employees will be awarded any remaining vacant shifts.

(D) Regular full-time employees on the opposite shifts will beawarded any remaining open shifts.

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(E) Any remaining full-time employees.

Section 11.3: Posting Of Annual Leave Or Personal Days After TheTwo-Week Schedule Has Been Posted

Employees may post annual leave or personal day requests so thatother staff members may sign up to work the posted shifts.

Section 11.4: Preference For Awarding Posted Shifts shall be asfollows:

(A) Regular part-time union employees up to the point where anemployee would be eligible for overtime.

(B) On-call employees up to the point where an employee would beeligible for overtime.

(C) Regular full-time employees.

If no employees sign up for the posting, then on-call employees willbe called first in an attempt to fill requests for non-scheduledannual leave or personal day requests.

Section 11.5: Call-Ins – Emergency Absence

In the case where an employee calls in to report his or her absencebefore the start of their shift, preference for awarding the shift isas follows:

(A) Regular part-time employees up to the point where overtimecriteria is met.

(B) On-call employees up to the point where overtime criteria ismet.

(C) Regular full-time employees.

Employees will be called at their home telephone number of record.If an employee is not reached during the first attempt to call at thetelephone number of record, then the next employee on the list willbe called until the open shift is filled.

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Section 11.6: Overtime Pay

One and one-half (1-½) times the employee's regular hourly rate shallbe paid for all hours worked in excess of:

(A) Eight (8) hours in any work day.

(B) Eight (8) consecutive hours.

(C) Eighty (80) hours in any pay period.

Compensatory time off may, by mutual consent of the employee andCounty, be granted in lieu of overtime pay.

EXCEPTION:

For those employees not working an eight (8) hour shift, one and one-half (1 1/2) times the employee's regular hourly rate shall be paidfor all hours worked in excess of:

(A) Twelve (12) hours in any work day.

(B) Twelve (12) consecutive hours.

(C) Forty (40) hours in any work week.

For the purpose of computing overtime, paid leave time off shall notcount as time worked.

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ARTICLE 12 - LEAVES OF ABSENCE

Section 12.1: Military Leave

Employees who enter the armed services shall be granted an unpaidmilitary leave of absence in accordance with applicable state andfederal law. Employees on such leave shall receive credited time forpurposes of seniority and placement on the applicable salary scheduleupon their return to regular employment with the Employer.

Section 12.2: Leaves to Serve in Public Offices

An employee elected or selected for a full-time public office whichtakes him from his duties with Pinecrest, shall, upon proper writtenrequest, receive an unpaid leave of absence without pay for the termof such office or two (2) years, whichever is lesser. Unless suchemployee returns within the time limit herein before specified, suchleave of absence shall terminate unless it has been renewed for aspecific period with the approval of the Human Services Board.Seniority will accumulate during such leaves.

Section 12.3: Personal Leave

An unpaid leave of absence for a bona-fide reason (which shall notinclude employment for another employer) may, upon proper writtenrequest, be granted to employees for periods not to exceed thirty(30) working days. Such leave shall not involve loss of seniority,if it has been approved in writing by the Pinecrest Administrator andthe County’s Human Resources Director. Such leaves may be extendedfor up to ninety (90) day periods upon written approval of the HumanServices Board.

Section 12.4: Union Leave

The Pinecrest Administrator shall, upon proper written request, grantan unpaid leave of absence to any employee who accepts a positionwith the Local Union, International Union, federated Union bodies,and government or civic organizations, provided, however, that suchemployee make application for an annual extension during the lastthirty (30) days of each year of such leave of absence. Uponreturning to work, the employee must be able, after a physicalexamination provided by the County, to perform the work of the job towhich he is returning or to such other job as he might be capable ofperforming and to which he might be entitled by reason of hisseniority. A leave of absence for a position with the Union or otherorganization mentioned herein shall be limited to a total of three(3) years, including any annual extensions.

An employee elected or appointed to office in the United SteelworkersAFL-CIO-CLC, which takes him from his regular job will retain theseniority he had when he commenced the leave. Seniority shall

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accumulate for a period of two (2) years during the period of theleave.

Section 12.5: Conference & Convention Leaves

Upon advance notice to and approval of the Pinecrest Administrator,an unpaid leave of absence, for a period not to exceed ten (10)working days, may be granted to an employee to attend Unionconferences and conventions. Seniority will accumulate during suchleaves.

Section 12.6: Family/Medical Leave Act

The County agrees that it shall maintain a policy providing foremployee family and medical leaves under the federal Family andMedical Leave Act (FMLA). Employees shall be governed by theprovisions of that policy; however, to the extent the County’s policyprovides less benefits than those provided by the FMLA, theprovisions of the FMLA shall control.

Section 12.7: Personal Leave Days

All regular full-time and part-time employees who have completedtheir probationary period of employment are eligible for personalleave as provided below.

Effective January 1, 2008, regular full-time employees who havecompleted one (1) or more years of service shall be credited withthree (3) personal leave days (24 hours) on January 1st of each year.Effective May 3, 2016, regular part-time employees shall be creditedwith one (1) personal leave day (8 hours) on January 1st of eachyear.

First year regular full-time employees will have personal leaveallowance pro-rated from their date of hire date to December 31st andcredited on January 1st of the subsequent year. Thereafter, suchemployees who have completed one (1) or more years of service onDecember 31st of each year shall be credited with their annualpersonal leave on January 1st of the subsequent year.

Personal leave days not utilized by December 31st will be eliminatedfrom the employee’s balance of personal leave days and shall not becarried over into the next calendar year.

Requests for personal leave must be made and approved by thePinecrest Administrator or his/her designee prior to utilization bythe employee.

Employees terminating County employment shall not be reimbursed forunused personal leave time.

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Personal leave is pre-scheduled time-off from the regular workschedule to accommodate an employee’s personal need to be away fromwork for short periods to conduct personal business that can only beconducted during normal working hours. It is not to be used assupplemental vacation time and is not to be used on days preceding orfollowing a paid holiday. For example, personal leave may be usedfor, but it is not limited to, time for professional appointments,personal enrichment seminars, personal business, etc.

An employee must take personal leave in eight (8) hour increments.

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ARTICLE 13 - FUNERAL LEAVE

In the event of a death in the employee's immediate family (spouse,child, stepchild, parent, step-parent, brother, step-brother, sister,step-sister, mother-in-law or father-in-law, grandchild), an employeeshall be excused without loss of pay on the dates which he has beenscheduled to work during the period from the day of death to the dayof the funeral, both inclusive, but not to exceed a total of three(3) working days for such absence as is required to dischargespecific obligations placed upon him by the death.

The employee shall be excused without loss of pay on the day of thefuneral in the case of the death of the employee's grandparents, son-in-law, daughter-in-law, brother-in-law and sister-in-law.

In case of extenuating circumstances, the Pinecrest Administrator orhis designee may make special arrangements with the employee forfuneral leave.

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ARTICLE 14 - ANNUAL LEAVE

Section 14.1.

All regular full-time employees covered by this Agreement and hiredprior to January 1, 1996 shall be credited with an annual leaveallowance on January 1st of the subsequent year as follows:

After 1 year 176 hoursAfter 5 years 208 hoursAfter 10 years 232 hoursAfter 15 years 240 hours

All regular full-time employees hired after January 1, 1996, who havecompleted one year or more of service on December 31st of each yearshall be credited with an annual leave allowance on January 1 of thesubsequent year as follows:

Eight Hour Shift Twelve Hour ShiftAfter 1 year 120 hours After 1 year 120 hoursAfter 5 years 152 hours After 5 years 180 hoursAfter 10 years 176 hours After 10 years 192 hoursAfter 15 years 184 hours After 15 years 204 hoursAfter 20 years 192 hours After 20 years 216 hours

Employees with less than one year of service shall be credited witheither 8 or 12 hours per month depending on their work schedule uponsuccessfully completing their probationary period commencing with thestarting date of their employment.

An employee who has completed one year or more of service and whoquits his job after serving proper notice (not less than ten workingdays), will be paid for the balance of his accrued, but unused,annual leave time up to the last day of his employment.

An employee who is laid off due to lack of work may elect to be paidfor accrued by unused annual leave.

In the event of death or retirement of an employee, all annual leavedue him shall be paid in the same manner as for wages due.

An employee otherwise eligible for an annual leave entitlement whoworks less than nine months in a calendar year shall be entitled to apro rata annual leave based upon one-twelfth of his full annual leavefor each month actually worked. An employee who actually works ninemonths in the calendar year, excluding first year employees, shall beentitled to full privileges.

An employee is allowed to carry over up to, but not to exceed eighty(80) hours annual leave from one calendar year to the next calendaryear.

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Annual leave shall not be allowed in advance of being earned. If anemployee has insufficient annual leave credits to cover a period ofabsence, no allowance for annual leave shall be posted inanticipation of future leave credits. In the absence of applicableleave credits, payroll deductions for the time lost shall be made forthe work period in which the absence occurred.

If an employee is discharged for just cause or quits without givingten (10) working days’ notice, no annual leave pay will be allowed.

Planned annual leave for the equivalent of three (3) or more days forvacation purposes, shall be scheduled between the PinecrestAdministrator and the employees involved in order to maintaincontinuity and efficiency of operations. The Pinecrest Administratorshall, in all planned annual leave cases, make the final decisioninvolving annual leave allocation, both as to the number who may beoff at any one time and annual leave dates. In meeting staffingrequirements, the senior employee(s) shall be entitled to thepreference.

An employee may use leave in increments of one (1) hour; however,this provision may not be abused.

Annual leave requests which have been made with thirty (30) or moredays advance notice, will either be denied or granted within fourteen(14) days. Once an advance notice request has been granted, thePinecrest Administrator will not rescind that decision, unless theemployee does not have sufficient accrued annual leave.

An employee may elect to cash out up to two (2) days of unused annualleave days, not to exceed 16 hours per full-time employee based upontheir budgeted FTE. The cashing out of unused leave days shall occurin the month of December each year. Letters to request the paymentfor unused annual leave time shall be received by the Finance Officerby November 15 each year. The money shall be paid to employees inthe first paycheck that is feasible for the Finance Department in themonth of December.

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ARTICLE 15 - JURY DUTY & COURT ATTENDANCE

Employees shall be granted a leave of absence with pay when they arerequired to report for jury duty.

Employees shall be paid their regular wages (not exceeding base pay)for time necessarily spent in jury service after endorsing all checksand otherwise turning over to the County all payments received fromthe Court. Seniority will continue to accrue while on jury duty.

Employees required, whether by the County of Midland or any publicagency, to appear before a court or agency on any matters related totheir work for Midland County and in which they are personallyinvolved, shall be granted a leave of absence with pay for the periodduring which they are so required to be absent from work. Suchemployees shall be paid their regular wages (not exceeding base pay)for time necessarily spent on such appearances after endorsing allchecks and otherwise turning over to the County payments receivedfrom the court or agency.

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ARTICLE 16 - WORKING CONDITIONS

Section 16.1: Safety & Health

The County shall provide a place of employment that is reasonablyfree of physical and health hazards. The County and the Union willestablish a Joint Safety and Health Committee. This Committee willmeet periodically to discuss safety and health conditions.

Section 16.2: Hours of Work

Employee work schedules will be posted on the bulletin board not lessthan two (2) weeks ahead of the time the employee is scheduled towork. Except as otherwise provided by this Agreement, regular full-time employees are expected to work forty (40) hours per week.Schedules will be established so that regular full-time employeeswill share weekends off.

Section 16.3: Lunch Periods & Rest Periods

Each employee who works a minimum of five (5) hours will be provideda one-half (1/2) hour unpaid lunch period. Lunch periods willnormally be scheduled after four (4) hours work.

Employees will be allowed a fifteen (15) minute rest periodapproximately half way between the start of their work day and theirlunch period as scheduled by supervision. Employees will be allowedan additional rest period of fifteen (15) minutes approximately halfway between the lunch period and the end of their work day. Lunch andrest periods will be scheduled so there is no interruption ofnecessary operations.

Except in emergency situations, each rest and lunch period shall becontinuous and uninterrupted. A suitable employees lounge will beprovided and maintained for the exclusive use of the employees.

Section 16.4: Call-In Pay

In case of emergencies, employees called in will be assured of aminimum of four (4) hours work or pay.

Section 16.5: Mandatory Meeting or Training

All employees shall report for mandatory meetings except as otherwiseexcused in advance by the Pinecrest Administrator or his designee.Management will post notice of mandatory meetings or trainingsessions at least one (1) week prior to said meeting. Employees whoreport to the facility or offsite for mandatory meetings and/ortraining will be paid for all time spent in said meetings ortraining.

Section 16.6: Worker's Compensation Pay

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In the event an employee sustains an occupational injury, he or sheshall receive such benefit entitlements as may be available underMichigan's Worker's Compensation statues. In addition, the Countyagrees that the employee's term life and medical insurance asprovided for in Article XIX may be continued for a maximum of two (2)years following the employee's date of injury.

Section 16.7: Attendance

Excessive absences are to be discouraged and may be cause fordismissal.

Section 16.8: Call-Ins

Except when prohibited from doing so due to emergency circumstances,employees shall call the nurse/supervisor to report their absence aminimum of four (4) hours prior to the commencement of their shift.Calling in for an emergency absence must be done no more than six (6)times per year. If absent more than three (3) consecutive days, adoctor’s note is required to return to work. Consecutive days offfor illness will count as one absence.

Section 16.9: Weekend Premium

Employees whose posted odd schedule (Section 16.2) includes Saturdayand/or Sunday shall receive an additional $0.90 per hour premium foreach hour worked on the Saturday and/or Sunday. Effective May 3,2016, such premium shall be increased to $1.00 per hour.

Section 16.10: Shift Premium

There will be a $0.35 per hour shift premium for employees whoseregular work shift falls between the hours of 6:00 p.m. - 6:00 a.m.and for employees called in to work such a shift.

Section 16.11: Transportation

Members of the bargaining unit may be required to transportresidents, but will not be expected to use their own vehicle totransport residents.

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Section 16.12: Fill-In Nurse/Supervisor Premium

Employees accepting opportunities to fill in for the nurse/supervisorwill be paid a $2.00 per hour premium for all hours worked in saidposition.

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ARTICLE 17 - LONGEVITY PAY

Employees hired after January 1, 1996 shall not be eligible forlongevity pay.

All full-time employees covered by this Agreement who have completedeither 5, 10, 15 or 20 years of continuous service in a regular full-time capacity and who have performed nine (9) months of actual workin their anniversary year, shall, on the first payroll periodfollowing their anniversary date of hire, receive an annual longevitypayment based on the following schedule:

(A) Upon completion of 5 years of continuous service, 1% of theirannual base salary.

(B) Upon completion of 10 years of continuous service, 3% of theirannual base salary.

(C) Upon completion of 15 years of continuous service, 5% of theirannual base salary.

(D) Upon completion of 20 years of continuous service, 7% of theirannual base salary.

For all purposes hereunder, “annual base salary” shall mean theemployee’s base salary in effect on the first salary payroll periodfollowing his anniversary hire date.

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ARTICLE 18 - HOLIDAYS

The County recognizes the following paid holidays under thiscontract:

New Year's DayPresidents DayGood FridayMemorial DayFourth of JulyLabor DayVeteran's DayThanksgiving DayChristmas Eve DayChristmas DayThree (3) personal holidays

Employees covered by this Agreement may be required to work on thedesignated holidays. A holiday period is defined as 6:00 a.m. - 6:00a.m. starting the day of the holiday. Employees must work theirassigned shift(s) before and after the specified holiday to receiveholiday pay.

Employees who may be required to perform necessary work on one of theabove holidays shall receive one and one-half (1-1/2) times theirregular straight time hourly rate for all hours worked which fallwithin their scheduled hours and two and one-half (2-1/2) times theirregular straight time hourly rate for all hours worked outside theirscheduled hours in addition to their regular wages covering theholiday.

Personal holidays shall be scheduled with the employee's supervisor.

The three (3) personal holidays will be paid according to theemployee’s regularly scheduled work day (8 hours or 12 hours).

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ARTICLE 19 - INSURANCE

Section 19.1: Enrollment for Insurance Benefits

To qualify for the insurance benefits provided in Sections 19.2 -19.6below, each regular full-time employee must individually enroll andmake proper application for such benefits in the County's HumanResources Office within thirty (30) calendar days of the commencementof employment with the County. An employee who fails to enroll andmake proper application as herein provided is specifically anexpressly excluded from participating in such benefit programs untilsuch time as she enrolls and makes proper application during an openenrollment period. Coverage commences the first day of the monthfollowing the month in which the employee completes the first thirty(30) days of regular employment with the County.

Section 19.2: Term Life & Accidental Death & Dismemberment

Upon proper application, the County will provide and maintain at nocost to each regular full-time employee life insurance benefits in anamount equal to the employee's annual salary rounded to the nearest$1,000 increment, but not less than $15,000 or in excess of $25,000,and accidental death and dismemberment insurance benefits in an equalamount.

Section 19.3: Medical

(A) For regular full-time employees hired on or before January 20,2004, the County shall provide, at no cost to the employee, BlueCross-Blue Shield PPO4 for the employee and family as defined byBlue Cross-Blue Shield (rev. effective January 1, 2013; AppendixC-1).

For regular full-time employees hired after January 20, 2004,the County shall provide, at no cost to the employee, BlueCross-Blue Shield PPO8 for the employee and family as defined byBlue Cross-Blue Shield (rev. effective January 1, 2013; AppendixC-2).

Employees hired after January 20, 2004 shall have the option ofpurchasing alternate insurance Blue Cross-Blue Shield PPO4 Plan.The amount to be charged employees for the cost of such optionalcoverage will be determined annually and adjusted on January 1of each subsequent year of the contract. The cost for suchpurchase during the year will be the difference in rates betweenthe PPO8 Plan (rev. effective January 1, 2013; Appendix C-2) andthe PPO4 Plan (rev. effective January 1, 2013; Appendix C-1).

In addition to any other costs for which the employee may beresponsible as herein provided, he shall also pay the differencebetween the County’s maximum contribution under Section 3 ofPublicly Funded Health Insurance Contribution Act, Act 152 of

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the Michigan Public Acts of 2011 and the illustrated premiumcosts of the plan selected. Employee contributions shall bededucted once a month through automatic payroll deductions.

The terms, conditions, exclusions and limitations specified inthe County’s policy with its insurance carrier shall govern allconditions of eligibility for and payment of benefits.

To qualify for the medical benefits as above described, eachemployee must individually enroll and make proper applicationfor such benefits at the County’s Human Resources Office withinthirty (30) calendar days of the commencement of his regularemployment. An employee who fails to complete, sign and returnthe required application forms is specifically and expresslyexcluded from such benefits plan until such time as he enrollsand makes proper application during an open enrollment period,unless the employee presents verifiable proof of having lostalternate coverage through another source. Subject to carrierapproval, employees who have lost medical coverage throughanother source shall be permitted to immediately enroll in theCounty’s medical plan.

Except as otherwise expressly provided in this Agreement, whenon an authorized unpaid leave of absence the employee will beresponsible for his benefit costs for the period he is not onthe active payroll. Employees electing to continue suchbenefits shall pay the full cost of such continued benefits.Proper application and arrangements for the payment of suchcontinued benefits must be made at the County’s Human ResourcesOffice prior to the commencement of the leave. If suchapplication and arrangements are not made as herein described,an employee's group medical benefits shall automaticallyterminate on the last day of the current month after theeffective date of the unpaid leave of absence.

Except as otherwise provided under COBRA or this Agreement, anemployee's group medical benefits coverage shall terminate onthe last day of the month the employee goes on leave of absence,terminates, retires, the group medical benefits plan terminates,or on the 30th day following the date that the employee is laidoff. Upon return from a leave of absence or layoff, anemployee's group medical benefits coverage shall be reinstatedcommencing with the billing month following such return.

An employee who is on layoff or leave of absence or whoterminates may elect under COBRA to continue at his own expensethe coverage herein provided.

The County reserves the right to change the carrier and/or themanner in which it provides the above coverage, provided thatthe benefits are generally equivalent to or better than thebenefits outlined above.

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To be eligible for health insurance coverage as provided above,an employee must document all coverage available to him underhis spouse's medical plan and cooperate in the coordination ofcoverage to limit the County’s expense.

The County’s responsibility to pay for any of the foregoinggroup medical benefits shall terminate as of the expiration dateof this Agreement.

(B) Opt Out Insurance

Employees who are eligible for but otherwise elect to opt out ofthe County’s health insurance coverage shall receive payments of$150.00 per month if they can provide evidence of healthinsurance elsewhere.

Section 19.4: Disability Insurance

The County will provide disability insurance for all regular full-time employees covered by this Agreement. The terms and provisionsof such coverage shall be made available to the Union.

Short-Term Disability Plan:

Waiting Period - 7 calendar daysPercent of Pay - 66-2/3 percent of base payMaximum - $4,000.00 Per MonthMaximum Time - 6 months

Long-Term Disability Plan:

Waiting Period - 6 monthsPercent of Pay - 66-2/3 percent of base payMaximum - $4,000.00 Per MonthMaximum Time - 2 years

The terms, conditions, exclusions, and limitations specified in theCounty's policy with its insurance carrier shall govern allconditions of eligibility for and payment of benefits.

Any employee whose personal disability extends beyond the periodcompensated and who is not able to assume the responsibilities of hisposition, shall lose his seniority and be terminated.

Section 19.5: Dental and Vision

Upon proper application, the County will provide and maintain dentaland vision insurance benefits (Appendices D and E) under its BlueCross-Blue Shield plan, for each regular full-time employee.

Except as otherwise provided under COBRA or this Agreement, an

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employee's dental and vision care benefits coverage shall terminateon the last day of the month the employee is laid off, goes on leaveof absence, terminates, retires or the dental and vision carebenefits coverage terminates. Upon return from a leave of absence orlayoff, an employee's dental and vision care benefits coverage shallbe reinstated commencing with the billing month following suchreturn.

An employee who is on layoff or leave of absence or who terminatesmay elect under COBRA to continue at his own expense the coverageherein provided.

The County reserves the right to change the carrier and/or the mannerin which it provides the above coverage, provided that the benefitsare generally equivalent to or better than the benefits outlinedabove.

The County's responsibility to pay for any of the foregoing dentaland vision care benefits shall terminate as of the expiration date ofthis Agreement.

Section 19.6: Termination of Coverage

Full-time employee's term life, accidental death and dismemberment,medical, short-term disability, and dental insurance benefits shallterminate, at the end of the month the employee is laid off, retires,goes on an unpaid leave of absence or the individual benefit planterminates.

In the event it becomes necessary to reduce the work force, full-timeemployees laid off will have their term life and AD & D, medical anddental benefits continued in full force and effect throughout themonth in which their layoff commences. Employees on authorized paiddisability leave will have their insurance benefits continued forsuch period as they are on disability leave or one (1) year,whichever is lesser.

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ARTICLE 20 - RETIREMENT

Section 20.1: Retirement Provisions

Employees hired after October 21, 2008 shall not be eligible toparticipate in the Midland County Employees Retirement System(Defined Benefit Plan). Said employees shall participate in the newDefined Contribution Plan. At the beginning of the employee’sservice, they will be allowed to select one of the followingcontribution plans: The employee may deposit three (3) percent ofbase pay, and the County will deposit an additional five (5) percentof base pay. Or the employee may elect to make no deposit in whichcase the County will deposit two (2) percent of base pay.

All regular full-time employees hired on or before October 21, 2008shall continue to be covered under the Midland County Employees'Retirement System, subject to such terms and conditions in effect onthe date this Agreement takes full force and effect.

Regular full-time employees hired on or before October 21, 2008 arecovered by a Retirement Plan which includes other regular full-timeemployees of the County. The County will continue the existingretirement system for regular full-time employees covered by thisAgreement. The Union shall be furnished a copy of the Plan and anychanges which the County may institute from time to time.

Each regular full-time employee covered by this Agreement shallcontribute 3% of his gross earnings to the County Retirement System.

Age and Service Requirement: Employees shall be allowed to receiveretirement benefits at age 60 or older after completing 10 or moreyears of service at age 65 with eight or more years of service.

Employees may also elect early retirement at age 55 with reducedbenefits. If their age + years of service = 85, the employee willqualify for full retirement with full benefits.

Retirement Multiplier: A retirement multiplier factor of 2.25%(.0225) shall be multiplied by the final average compensation andyears of service in determining the employees annual retirementallowance.

Final Average Compensation: Final average compensation shall meanthe highest average annual compensation received by a member during aperiod of five consecutive years of service contained within the tenyears of service immediately preceding retirement. Compensation ofmembers, in determining amounts subject to deduction for payment tothe retirement system and for determination of "final averagecompensation" shall consist of all payments received by a member forbase salary, longevity pay, and overtime and any lump sum payment inlieu of annual leave.

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Section 20.2: Retiree Health Care Plan

Retiree Health Care Plan. Full-time employees hired after October21, 2008 shall not be eligible to participate in the Midland CountyRetiree Health Care Plan. Those regular full-time employees eligibleto participate in the Retiree Health Care Plan (hired on or beforeOctober 21, 2008) and not otherwise eligible for Medicare will beeligible for the same health, dental, and vision benefits under thesame terms and conditions as the County provides for its activeemployees for the retiree only. At age 65, the retiree must enrollin part B Medicare Program at his or her own expense. The Countywill thereafter pay the cost of Blue Cross and Blue Shield MasterMedical Complimentary Coverage Option-1 or its equivalent coverage.

Eligible employees will continue to contribute 1% of biweekly basepay for deposit into the Retiree Health Care Fund to assist in thefunding of future health care benefits for the retiree, their spouseand/or dependents. Effective upon ratification of this Agreement bythe Union and the County, employees shall contribute two percent (2%)of their bi-weekly base pay to be deposited into the Retiree HealthCare Fund. Effective January 1, 2017, employee contributions shallbe increased to 3% of bi-weekly base pay.

The County shall also allow the retiree to include in its groupcoverage the retiree's spouse in accordance with the followingprovisions:

(A) The County shall establish a "Retiree Health Care Fund" to beused for the purpose of paying Retiree Health Care Premiums.The Employer shall annually budget sufficient funds, as acontribution to the Retiree Health Care Plan in accordance withGASB (Governmental Accounting Standards Board). If the employeedies prior to becoming eligible for retirement and/or retireehealth care benefits, the employee's contribution will go to hisestate. If the employee quits or leaves County employment forany reason prior to becoming eligible for retirement benefitsand/or retiree health care benefits, the employee shall berefunded the amount the employee has contributed to the RetireeHealth Care Fund along with accumulated interest thereon asdetermined by the County.

(B) A retiree's spouse who is covered by health care benefits fromthe spouse's employer, shall not be allowed to participate inthe County sponsored retiree health care program.

(C) A retiree and spouse shall be allowed to participate in theretiree health care program benefit provided they meet thefollowing requirements;

(1) The recipient must be an active retiree of the County andmust be receiving monthly retirement benefits pursuant tothe County Retirement Plan.

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(2) Beneficiaries of retirees shall be allowed to continue toreceive health care benefits as long as the namedbeneficiary is covered by the retiree's health care plan atthe time of the retiree's death and continues to receivethe deceased retiree's retirement allowance. If a deceasedretiree's spouse remarries, health care benefits shall notbe available to the new spouse.

(3) Dependent children of the retiree are eligible forcontinued health care coverage after the retiree's death,provided the dependent children were enrolled in theretiree's health care plan at the time of the retiree'sdeath and continue as dependents under the surviving spousewho is the named beneficiary of the retiree who isreceiving the deceased retiree's retirement allowance. Inthe event a dependent child is the named beneficiary andcontinues to receive the deceased retiree's retirementallowance, and is also enrolled in the retiree's healthcare plan at the time of the retiree's death, the dependentchild shall continue to receive health care coveragethrough the end of the year in which the dependent childreaches age 26.

(4) An employee who is eligible for retirement, regardless ofage or years of service, shall be entitled to RetireeHealth Care Benefits for the employee and their spouse.The County shall pay 100% of the health care premiums forthe retiree and 50% of the premium for retiree spouses andeligible sponsored dependents and the employee shall pay50% of the difference.

(5) The County shall pay an additional 5% of the retireespouses and eligible sponsored dependent's health carepremiums for each year of service in excess of 10 years ofservice for Retiree Health Care.

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ARTICLE 21 - MISCELLANEOUS

Section 21.1: Supplemental Employment

The County will not limit an employee engaging in supplementalemployment as long as such employment does not interfere with theemployee's regular duties under this contract. However, in no caseshall County telephones, addresses or property be used to operate anon-County business nor shall an employee use County work time toconduct such business. Vehicles used by an employee to conduct non-County business shall not be stationed on County owned property.

If the above principles are violated the violation will be called tothe attention of the employee in writing by the County and it isexpected that the violation will be cleared up through the regulargrievance procedure.

Section 21.2: Dress Code for Pinecrest Farms

Appearance and Deportment

Employees are expected to uphold the high standards of personalconduct and appearance set forth by Pinecrest. Conduct and appearancethat is unbecoming and sheds a poor light on the good reputation ofPinecrest, and Midland County is prohibited.

(A) Employees are to be neatly groomed and dressed at all times.Employees shall practice personal hygiene that is appropriate toa professional setting. Hairnets or hats may be requireddepending on the duty assignment.

(B) Employees must wear the staff uniform tops provided byPinecrest, which have been mutually agreed to by the parties.Pinecrest will furnish three appropriate tops for staff eachyear. Shirts worn under the uniform top may not hang below thebottom of the uniform top. Staff may launder the tops atPinecrest if they wish. Staff is expected to keep tops in goodrepair.

If a top becomes unserviceable (ripped/torn/permanentlystained), then the employee should present the top to Pinecrestadministration for replacement.

(C) County identification badges must be worn and visible at alltimes.

(D) Employees should wear flat, stable, comfortable shoes with socksor stockings. Shoes must enclose the entire foot.

(E) All employees should wear clothing that is clean and neatlypressed.

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(F) Staff should not wear jeans (unless a work day has beenspecified as "jeans" day), knit stretch pants, sweat pants orfaded, worn, or torn clothing. T-shirts, shorts more than twoinches above the knee, dangling jewelry, hats, sunglasses,inappropriate shoes, work-out attire, midriff or sleevelessshirts are also prohibited.

(G) Employees of Pinecrest may not display tattoos and/or bodypiercing (other than in the ears) while on duty or attendingwork related meetings or trainings. Nails should be trimmedshort to avoid injury to self or others.

(H) Employees, at their own discretion, may wear jewelry or a watch,however these items should be limited to non-dangling style toavoid injury to self or others. The employer will not beresponsible for damage to jewelry or watches.

(I) Employees who work during periods of Christmas Eve, ChristmasDay, Thanksgiving Day, Easter, Halloween, and Fourth of Julywill be allowed to wear personal uniform tops consistent withthe theme of these particular days.

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ARTICLE 22 – COMPENSATION

Section 22.1 Pay Periods

Employees will be paid every other Friday. One (1) week of wages iswithheld to provide the necessary time to prepare the payroll.Payment shall be made by check or through direct deposit. Theemployee shall also be provided an itemized statement of his earningsand all deductions made for any purpose.

Section 22.2 Job Evaluation Plan

During calendar year 2016, the Employer engaged the services ofMunicipal Consulting Services LLC (“MCS”) to conduct a classificationand compensation study for selected employees of Midland County.After careful review of the results of the study, the parties haveagreed upon attached Appendices A and B setting forth employee paygrades, job classifications, and wage schedules. The Employer and theUnion agree upon and accept the job classifications and jobdescriptions as the basis for the payment of wages as providedherein.

The parties have also reviewed MCS’s job descriptions, Job AnalysisQuestionnaire, and Job Evaluation Plan. The Employer and the Unionagree that the job descriptions accurately reflect the duties andresponsibilities performed by employees. It is also agreed thatMCS’s Job Evaluation Plan provides a fair and accurate assessment ofeach job classification subject to the Study.

Effective January 1, 2017, all employees in the bargaining unit whowere on the County’s payroll as of December 20, 2016, shall havetheir annual Step Advancement date changed to January 1 of each yearand be provided the hourly pay and bonus payments provided in the2017 and 2018 Base Pay and Bonus Implementation Schedules datedDecember 20, 2016 (Appendix F). Bonus payments shall not be added toBase Pay.

Notwithstanding the foregoing, annual advancements in the salaryschedules shall continue to be dependent upon the employee’sperformance being satisfactory or above during the preceding period.

All employees who commence employment with the Employer afterDecember 20, 2016, shall commence employment at the minimum step fortheir pay grade and classification as provided in Appendix B, andadvance annually thereafter on the anniversary of their initial dateof employment if their overall performance has been satisfactory orabove during the preceding period.

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ARTICLE 23 – JOB CLASSIFICATION AND DESCRIPTIONS

Section 23.1 General

The Employer will maintain job descriptions for all jobs covered bythis Agreement, which shall be subject to periodic review andrevision as the Employer deems appropriate. Job descriptions will bemade available to the Union Steward or affected employees upon theirreasonable request.

Section 23.2 New or Revised Job Classifications and/orDescriptions.

In the event the Employer creates a new job classification or revisesan existing job description in the bargaining unit after January 1,2017, the Employer shall provide the Union a copy of the new orrevised job classification or job description and its pay grade priorto posting. If requested within ten (10) calendar days after suchnotification, the Human Resources Director and the Department Headshall meet with the Union’s Steward and Staff Representative todiscuss the pay grade of the new or revised job classification and/ordescription. If, following such discussion, there is a dispute as tothe pay grade for the new or revised job classification and/ordescription, such dispute shall be an appropriate matter for agrievance initiated at Step Three of the grievance procedure. If agrievance is subsequently referred to an arbitrator, he/she shall useas the basis for his/her decision the factors and informationreferenced in Appendices A and B of this Agreement, the former andproposed job classification and/or description, and MCS’s 2016 JobAnalysis Questionnaire, Job Evaluation Plan and Point FactorEvaluation. (See Appendices A, B-1 and B-2 of MCS’s 2016Classification and Compensation Study – Final Report).

Section 23.3 No Limitation on County Rights

Nothing contained in this Agreement, the MCS’s 2016 Classificationand Compensation Study, or employee job classifications ordescriptions shall in any way be interpreted to restrict the County’smanagement rights as set forth in Article 6.

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ARTICLE 24 – SCOPE OF AGREEMENT

Section 24.1 This Agreement, including all Appendices and Lettersof Understandings attached hereto, represents the entire agreementbetween the Employer, the Union, and the Employer’s employees whichthe Union represents. This Agreement supersedes, cancels, andrenders null and void, all previous agreements and letters ofunderstandings, oral or written, or based on an alleged past practiceand constitutes the entire agreement between the parties. Anyagreement or agreements which supplement this Agreement shall not bebinding or effective for any purpose whatsoever unless reduced towriting and signed by the Employer and the Union.

Section 24.2 If any article or section of this Agreement, or if anyriders thereto, should be held invalid by operation of law or by anytribunal of competent jurisdiction, or if compliance with orenforcement of any article or section should be restrained by suchtribunal pending a final determination as to its validity, theremainder of this Agreement and of any rider thereto, or theapplication of such article or section to persons or circumstancesother than those as to which it has been held invalid or as to whichcompliance with or enforcement of has been restrained, shall not beaffected thereby.

Section 24.3 In the event that any article or section is heldinvalid or enforcement of or compliance with which has beenrestrained as above set forth, the parties affected thereby shallenter into immediate collective bargaining negotiations for thepurpose of arriving at a mutually satisfactory replacement for sucharticle or section during the period of invalidity or restraint.

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ARTICLE 25 - DURATION OF AGREEMENT

This Agreement shall be in full force and effect from January 1, 2017to and including December 31, 2018 and shall continue in full forceand effect from year to year thereafter unless written notice ofdesire to cancel or terminate the Agreement is served by either partyupon the other at least sixty (60) days prior to date of expiration.

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APPENDIX A

PAY GRADES AND JOB CLASSIFICATIONS

Pay Grade Job Classification

2 Resident Associate

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APPENDIX BWAGE SCHEDULES

JANUARY 1, 2017 THROUGH DECEMBER 31, 2017

Minimum Midpoint Maximum

Grade Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7

1 12.82 13.46 14.10 14.74 15.38 16.02 16.66

2 13.46 14.13 14.80 15.48 16.15 16.82 17.50

3 14.47 15.19 15.91 16.64 17.36 18.08 18.81

4 15.91 16.71 17.51 18.30 19.10 19.89 20.69

5 17.11 17.96 18.82 19.67 20.53 21.38 22.24

6 19.25 20.21 21.17 22.13 23.10 24.06 25.02

7 20.69 21.72 22.76 23.79 24.83 25.86 26.90

8 21.72 22.81 23.90 24.98 26.07 27.16 28.24

9 22.81 23.95 25.09 26.23 27.37 28.51 29.65

10 23.95 25.15 26.35 27.54 28.74 29.94 31.14

11 25.15 26.41 27.66 28.92 30.18 31.44 32.69

12 28.29 29.71 31.12 32.54 33.95 35.37 36.78

13 31.12 32.68 34.23 35.79 37.35 38.90 40.46

14 33.46 35.13 36.80 38.47 40.15 41.82 43.49

15 35.96 37.76 39.56 41.36 43.16 44.96 46.75

16 38.66 40.60 42.53 44.46 46.39 48.33 50.26

17 50.26 52.77 55.29 57.80 60.31 62.83 65.34

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APPENDIX BWAGE SCHEDULES

JANUARY 1, 2018 THROUGH DECEMBER 31, 2018

2% OVER PREVIOUS YEAR

Minimum Midpoint Maximum

Grade Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7

1 13.08 13.73 14.38 15.03 15.69 16.34 16.99

2 13.73 14.41 15.10 15.79 16.47 17.16 17.85

3 14.76 15.49 16.23 16.97 17.71 18.44 19.19

4 16.23 17.04 17.86 18.67 19.48 20.29 21.10

5 17.45 18.32 19.20 20.06 20.94 21.81 22.68

6 19.64 20.61 21.59 22.57 23.56 24.54 25.52

7 21.10 22.15 23.22 24.27 25.33 26.38 27.44

8 22.15 23.27 24.38 25.48 26.59 27.70 28.80

9 23.27 24.43 25.59 26.75 27.92 29.08 30.24

10 24.43 25.65 26.88 28.09 29.31 30.54 31.76

11 25.65 26.94 28.21 29.50 30.78 32.07 33.34

12 28.86 30.30 31.74 33.19 34.63 36.08 37.52

13 31.74 33.33 34.91 36.51 38.10 39.68 41.27

14 34.13 35.83 37.54 39.24 40.95 42.66 44.36

15 36.68 38.52 40.35 42.19 44.02 45.86 47.69

16 39.43 41.41 43.38 45.35 47.32 49.30 51.27

17 51.27 53.83 56.40 58.96 61.52 64.09 66.65

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APPENDIX C-1

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APPENDIX C-1 (CONT’D)

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APPENDIX C-1 (CONT’D)

53

APPENDIX C-2

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APPENDIX C-2 (CONT’D)

55

APPENDIX C-2 (CONT’D)

56

APPENDIX D

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APPENDIX D (CONT’D)

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APPENDIX E

A nonprofit corporation and independent licenseeof the Blue Cross and Blue Shield Association

Traditional Plus Dental CoverageBenefits-at-a-GlanceMidland County

Class I Services

Oral Exams Covered – 75%, twice per calendar yearBitewing X-rays Covered – 75%, twice per calendar yearFull-mouth and Panoramic X-rays Covered – 75%, once every 60 monthsProphylaxis (Teeth Cleaning) Covered – 75%, twice per calendar yearFluoride Treatment Covered – 75%, twice per calendar yearSpace Maintainers Covered – 75%, once per quadrant per lifetime, up to age 19Palliative Emergency Treatment Covered – 75%

Class II Services

Fillings - permanent teeth Covered – 50%, once every 24 monthsFillings - primary teeth Covered – 50%, once every 12 monthsInlays, Onlays, Crowns and Gold Fillings – permanent teeth Covered – 50%, once every 60 months, payable for members age 12 and

olderRecementing of Inlays, Onlays, Crowns and Bridges Covered – 50%, three per calendar yearRoot Canal Therapy Covered – 50%, once every 12 months for teeth with one or more canalsPeriodontal Scaling and Planning Covered – 50%, once every 24 monthsOcclusal Adjustment Covered – 50%, up to five times a 60-month periodPeriodontic Appliances or Biteguards Covered – 50%, once every 12 monthsGeneral Anesthesia or IV Sedation Covered – 50%, when medically necessary and performed with oral or

dental surgeryOral Surgery including extractions Covered – 50%Relining or Rebasing of Partials or Dentures Covered – 50%, once every 36 months per archTissue Conditioning Covered – 50%, once every 36 months per archRepairs to Existing Partials or Dentures Covered – 50%, up to one-half the approved amount for a new denture in

any 12-month period

Class III Services

Removable Dentures and Partials Covered – 50%, once every 60 monthsFixed Bridges Covered – 50%, once every 60 months, payable for members age 16 and

older

Class IV Services – Orthodontic services for dependents under age 19

Habit Breaking Appliances Not CoveredMinor Tooth Guidance Appliances Not CoveredFull-Banding Treatment Not CoveredMonthly, Active Treatment Visits Not Covered

Copays and Dollar Maximums

Copays 50% for all covered servicesDollar Maximums• Annual Maximum $1,200 per member for all covered services• Lifetime Maximum Not Applicable

Note: For non-urgent, complex or expensive dental treatment such as crowns, bridges or dentures, members should encourage their dentist tosubmit the claim to Blue Cross for predetermination before treatment begins. If you receive care from a nonparticipating dentist, you may bebilled for the difference between our approved amount and the dentist’s charge.

This is intended as an easy-to-read summary. It is not a contract. Additional limitations and exclusions may apply to covered services. For an official description of benefits,please see the applicable Blue Cross Blue Shield certificate and riders. Payment amounts are based on the Blue Cross Blue Shield approved amount, less any applicabledeductible and/or copay amounts required by the plan. This coverage is provided pursuant to a contract entered into in the state of Michigan and shall be construed under thejurisdiction and according to the laws of the state of Michigan..

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APPENDIX F2017 AND 2018 BASE PAY AND BONUS

IMPLEMENTATION SCHEDULES

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