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withdrawn,with prejudice.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
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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