HomeMy WebLinkAboutCSEA MOA 02/6/2019 't
RESOLUTION 2019=206
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SCHEDULED DOC ID: 14995
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2019-206 WAS
SCHEDULED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON FEBRUARY 26, 2019:
RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the
Memorandum of Agreement between the Town of Southold and the CSEA dated February 6,
2019, concerning the settlement of Grievance No. 20184G.
Elizabeth A.Neville
Southold Town Clerk
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Memorandum of Agreement made this (S�;' day of-J4*uary 2019 by and between the Town of Southold and
the Civil Service Employees Association Inc., Local 1000, AFSCME,AFL-CIO, Southold Unit 8785 ("the
CSEA").
WHEREAS, on or about April 16, 2018,the CSEA filed class action Grievance 20184G("the Grievance"),
which alleges,in sum and substance,that the Town violated CSEA CBA § 8.2 when,on or about March 27,
2018,it appointed employee Kamraj Ramnarine to the position of Heavy Equipment Operator, and
WHEREAS,at the time the Grievance was filed, the Town and the CSEA were parties to a collective
bargaining agreement("CBA")covering the period January 1,2013—December 31,2016; and
WHEREAS,the Town denied the Grievance; and
WHEREAS,the Town/CSEA Grievance Board met on September 27, 2018 to consider the grievance;and
WHEREAS,the parties have reached an agreement to resolve this matter,without the uncertainties, costs and
risks of continued litigation between them.
NOW, THEREFORE, the parties agree as follows:
1. Effective upon the Town Board's ratification of this agreement, Grievance 20184G is withdrawn,with
prejudice.
2. This Agreement constitutes the entire agreement between the Town and the CSEA regarding the resolution
of the Grievance.No other promises have been made. This Agreement may not be modified except by a
written agreement between the parties.
3. The language of all parts of this Agreement will be construed as a whole, according to its fair meaning and
not strictly for or against any of the parties, even though one of the parties may have drafted it.
4. This Agreement may be executed with original signatures in counterparts, or by facsimile or PDF-scanned
signatures in counterparts,which will be deemed legally binding as fully as an original signature.
5. This Agreement is subject to ratification by the Town Board. If the Town Board does not ratify this
Agreement,then this Agreement will become null and void and no adverse inference will be drawn against
either party by virtue of it having entered into the Agreement.
FOR THE
�TOWN FOR CSEA
Dated: Dated:
Dated:..,17
RECEIVED
MAR 1 2019
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Southold Town Clerk
Office of the Town Attorney
Town of Southold
Town Hall Annex, 54375 Route 25
P.O. Box 1179
Southold, New York 11971-0959
Telephone : 631-765-1939
Facsimile: 631-765-6639
MEMORANDUM
To: Ms. Elizabeth A. Neville, Town Clerk
From: Mary Silleck
Secretary to the Town Attorney
Date: February 27, 2019
Subject: MOA between Town of Southold and CSEA
Grievance No 2018-4G
With respect to the above-referenced matter, I am enclosing the original
Agreement together with the Resolution.
If you have any questions regarding the enclosed, please do not hesitate to call
me. Thank you.
/ms
Enclosures