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HomeMy WebLinkAboutCSEA MOA RECEIVED G JUL 2 1 2020 coo 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: July 21, 2020 Subject: MOA Employee #4015 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 RESOLUTION 2020-432 Q� ADOPTED DOC ID: 16286 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2020-432 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 14, 2020: RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the Memorandum of Agreement between the Town of Southold and Employee#4015, dated July 13, 2020. Elizabeth A.Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Sarah E. Nappa, Councilwoman SECONDER:Jill Doherty, Councilwoman AYES: Nappa, Doherty, Ghosio, Evans, Russell ABSENT: James Dinizio Jr 7/1/20 Memorandum of Agreement made this Ist day of July 2020 by and between the Town of Southold and the Civil Service Employees Association Inc., 1,o val l Opp,AFSCME,AFL-CfO, Southold Unit 8785("the CSEA"), WHEREAS,the Town and the CSEA are parties to a collective bargaining agreement covering the period January 1,2017—December 31,2019("the CBA");and WHEREAS,CBA Section 7,4("Civil Service Protection")requires the Town,in sum and substance,to post vacant positions within the bargaining unit prior td filling them;and WHEREAS, CBA Section 8.2("Seniority")addresses,among other things,the filling of vacant positions;and WHEREAS,there is currently a vacancy for the Civil Service position of Custodial Worker III for the Department of Public Works("DPW");and WHEREAS,employee John Jerome is currently a Custodial Worker 1I for the DPW;and WHEREAS,Mr.Jerome has satisfied the eligibility criteria for a promotion to the newly- established Custodial Worker III position;and WHEREAS,the Town intends to appoint Mr.Jerome to the Custodial Worker III position;and WHEREAS,the parties have agreed that,notwithstanding any contrary or inconsistent CBA provisions applicable to this proposed appointment, it is appropriate for Mr.Jerome to be promoted at this time to the Custodial Worker III position. NOW,THEREFORE, in consideration of the recitals set forth above,which are fully incorporated herein,and in consideration of the mutual covenants set forth below,the parties hereby stipulate and agree as follows: 1. Effective upon the complete ratification of this Agreement,and notwithstanding,anything to the contrary in the CSA or the parties' practice, Mr.Jerome will be promoted' from Custodial Worker Il,Step 5,to Custodial Worker III,Step 5,with a prorated annual salary of $65,392.68. 2. In addition,effective upon the complete ratifiuttion of this Agreentent,'Custodial Worker III will be added to CBA "Appendix C"with a Step 5 sulary(only)of$65,392.68. 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. 4. This Agreement, including;this paragraph,may not lx;modified except by a written agreement between the parties. l 5. Paragraph"I"will not be deemed as precedent setting with regard to arty other matter. Scanned with CamScanner 7/1120 6. This Agreement is entered into solely due to the unique circumstances of the instant situation.As a result,Paragraph "I"may not be cited in any other matter,such as,but not limited to,any grievance,grievance hearing;,PERB conferenedhearing,court matter or any other similar proceeding,except to enforce it. 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. 5. This Agreement is subject to ratification by the Town Board.if the flown 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 TOWN FOR THE CSEA. Dated: Dated: -7117e).Z�-e Weir r Cts-kWN- Seer.f J, C 51H 1 2 Scanned with CamScanner