HomeMy WebLinkAboutCSEA Vacation Leave use/carry over k7C:I
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: Missy Mirabelli
Secretary to the Town Attorney
Date: July 13, 2021
Subject: Agreement with CSEA
Vacation Leave Use/Carry Over
With respect to the above-referenced matter, I am enclosing the original
Agreement.
Thank you,
mmm
Enclosures
3123/21.
Memorandum of Agreement made this_day of March 2021 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,the Town and the CSEA are parties to a collective bargaining agreement
covering the period January I, 2017--December 31,2019 ("the CBA"); and
WHEREAS,on or about August 21,2020,the Town and the CSEA entered into a one-
time, non-precedent setting Memorandum of Agreement permitting unit members whoseTown
,work anniversary date occurs/occurred during the period of March 17,2020 through September
30,2020 to carry over up to 12 additional days of unused vacation time as of their anniversary
date in 2020 through and until their anniversary date in 2022; and
WHEREAS,due to the ongoing vacation scheduling difficulties posed by the COViD-19
pandemic,the Tor%vn and the CSEA have agreed,on a one-time, non-precedent setting basis; to
expand the eligibility and time frame for unit members to carry over up to 12 days of unused
vacation time for employees whose anniversary date occurs/occurred during the period of March
17,2020 through March 16,2021.
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. The first paragraph of the August 21,2020 Memorandum of Agreement will be
revised to read as follows:
Effective retroactive to March 17,2020, on a one-time, non-precedent-setting basis,
and notwithstanding anything to the contrary in CBA Section 14.4, employees xhose
anniversary date occurs/had occurred during the period of March 17, 2020 through March 16,
2021 will, in addition to the one-year carry over option of up to 12 unused vacation days as set
forth in CBA Section 14.4, be permitted to carry over up to 12 additional days,of accrued and
unused vacation time as of their anniversary date during the period of March 17, 2020 through
March 16,2021 (only)through and until their anniversary date in 2023,. All other CBA
provisions including,but not limited to, those with respect to requesting, using and carryin over
vacation leave for employees with anniversary daatcs occurring after March 16,2021 and for
vacation tine earned as of March 17,2021 and beyond,will continue to remain in full Force and
effect. For example, notwithstanding this Paragraph, emptoyees with an aaaniversaary date after
March 16,2021 will only be able (a:a carry over up to, 12 days of y acmion leave earned in 2021
into(lie following year; and not more than 12 days of vacation leave earned in 2022 may be
carried over into 2023;etc,
2. This ee . ent constitutes the entire agreement trues the Town and the CSEA
regarding carrying over vacation days, earned during the period of March 17,2020 through
March 16.2021. No other promises have been iiiade, Therciare no other aagreenients,oral or
otherwvisc.
318121
3. Nothing contained herein will be deemed as precedent setting. This document, its
existence and contents,may not be cited in any other matter,such as, but not limited to,any
grievance,arbitration,PERE conference or hearing or any other proceeding except for an action
to enforce its terms.
4. This Agreement, including this paragraph, may not be modified except by a written
agreement between the parties.
5. The language of all parts of this Agreement«rill 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 PDF-scanned signatures in counterparts,which will be deemed legally binding as
fully as an original signature.
7. This Agreement is subject to ratification by the Town Board. If the Town hoard 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 OWN f`D�' THE S E
Dated: d: "` '
Dated:
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