HomeMy WebLinkAboutCSEA MOA 07/15/2019 RESOLUTION 2019-679
!+ � ADOPTED DOC ID: 15449
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2019-679 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JULY 30,2019:
RESOLVED that the Town Board of the Town of Southold hereby approves the Memorandum
of Agreement between the Town of Southold and CSEA, concerning the settlement of PERB
Case No. U-36946.
Elizabeth A.Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Robert Ghosio, Councilman
SECONDER:Louisa P. 'Evans, Justice
AYES: Dinizio Jr, Ruland,Doherty, Ghosio, Evans, Russell
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
RECEIVED
MEMORANDUM AUG - 9 2019
Southold Town Clerk
To: Ms. Elizabeth A. Neville, Town Clerk
From: Mary Silleck
Secretary to the Town Attorney
Date: August 8, 2019
Subject: Agreement Between Town of Southold and CSEA
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
TO LLI 6/13/19
Memorandum of Agreement made this i 5 day of JunTT019 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 January 2, 2019 and January 15,2019,the Town hired Shamrock Tree
Company to perform emergency tree removal services beginning on or about January 14,2019;
and
WHEREAS,a dispute has arisen as to whether the CSEA exclusively performs the tree removal
work being performed by the Shamrock Tree Company;and
WHEREAS,on or about May 14, 2019,the CSEA filed PERB Improper Practice Charge Case
No. U-36946 alleging that, in sum and substance, the Town unilaterally transferred exclusive
bargaining unit work to the Shamrock Tree Company;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 complete ratification of this Agreement,the CSEA will withdraw the
Improper Practice Charge in PERB Case No.U-36946,with prejudice.
2. Shamrock Tree Company's performance,beginning on or about January 14,2019, of
emergency tree removal work for the Town will not be used by the Town before any third
party as proof in support of an alleged breach of the alleged exclusivity of bargaining unit
work.
3. In exchange for Paragraph "1,"the CSEA agrees to not file a grievance or take any other
action against the Town regarding the Town's hiring of the Shamrock Tree Company on or
about January 2,2019 and January 15,2019 and regarding the Shamrock Tree Company's
performance of tree removal services beginning on or about January 14,2019.
4. Even though it has entered into this Agreement, the Town continues to assert that it had the
right to take the action(s)that led to the instant dispute,and that it would prevail if this matter
} were tried before a third-party neutral.As a result,this Agreement will not be construed by
the Town as agreeing that the CSEA had exclusivity over the work at issue in this Agreement
or that the Town did not have the right to hire the Shamrock Tree Company to perform tree
removal services for the Town beginning on or about January 14, 2019.
5. Likewise,even though it has entered into this Agreement,the CSEA continues to assert that
the Town did not have the right to take the action(s)that led to the instant dispute,and that it
would prevail if this matter were tried before a third-party neutral. As a result,this
Agreement will not be construed to mean that the CSEA does not have exclusivity over the
work at issue in this Agreement or that the Town had the right to hire the Shamrock Tree
r
6/13/19
Company to perform tree removal services for the Town beginning on or about January 14,
2019.
6. This Agreement constitutes the entire agreement between the Town and the CSEA regarding
its subject matter.No other promises have been made.This Agreement, including this
paragraph,may not be modified except by a written agreement between the parties.
7. 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.
8. 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.
9. 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 T TOWN: FOR THE CSEA:
AY
Dated: ��S� ^T Dated:-7,,145-//
Dated: 0
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