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HomeMy WebLinkAboutCSEA MOA 05/24/2019 RESOLUTION 2019-547 ADOPTED DOC ID: 15323 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2019-547 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 18,2019: 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 May 24, 2019, concerning the settlement of Grievance No. 2019-001. j Elizabeth A.Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Ruland, Councilman SECONDER:Louisa P. Evans, Justice AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell . 5/22/19 Memorandum of Agreement made this day of May 2019 by and between the Town of Southold and the Civil Service Employees Association Inc.,Local 1000,AFSCME,AFI,-CI®, Southold Unit 8785("the CSEA"). WHEREAS,the Town and the CSEA are parties to a collective bargaining agreement("the C13A")covering the period January 1,2017—December 31,2019; and WHEREAS,on or about February 21,2019,employee Michael®rientale filed Grievance 2019- 001 ("the Grievance'),which alleges,in sum and substance,that the Town violated CSEA CBA § 19 when,on or about February 11,2019,it directed Mr. ®rientale to submit a doctor's note after having been out on sick leave for three consecutive days;and WHEREAS,on or about February 12,2019,Mn Grientale submitted a doctor's note"Ender protest;"and WHEREAS,the parties have reached an agreement to resolve this matter on a one-time,non- precedent setting basis,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parties agree as follows: 1_ Effective upon the Town Board's ratification of this agreement,the Grievance will be withdrawn,with prejudice. 2. Upon written notification to the Town by the CSEA of the Grievance's withdrawal,the Town will destroy the doctor's note provided to it by Mn®rientale and any copies of same. 3. 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, including this paragraph,may not be modified except by a written agreement between the parties_ 4. Nothing contained in this Agreement will be deemed as precedent setting with regard to any other matter_This Agreement may not be cited in any other third-parry matter, such as,but not limited to,any grievance,grievance hearing,arbitration,PERB conference/hearing, court matter or any other similar proceeding,except to enforce the provisions of this Agreement. 5. 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 6. This Agreement may be executed with original signatures in counterparts,or by facsimile or PIF-scanned signatures in counterparts,which will be deemed legally bindin fully as an original signature. s 5/22/19 7. This Agreement is subject to ratification by the Town Board. If the Town Board does not ratify this Agreement,then it will become null and void and no adverse inference will be drawn against either party by virtue of it having entered into it. FOR THE TOWN FO �/4041r*� Dated: Dated: Dated: 2 RECEIVED Office of the Town Attorney Town of Southold JUN 2 6 2019 Town Hall Annex, 54375 Route 25 Southold Town Clerk 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: June 26, 2019 Subject: Agreement Between Town of Southold and CSEA Grievance #2019-001 With respect to the above-referenced matter, I am enclosing an original, fully executed Agreement for your records together with the resolution. If you have any questions regarding the enclosed, please do not hesitate to call me. Thank you. /ms Enclosures