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HomeMy WebLinkAboutCSEA MOAs RESOLUTION 2022-883 ADOPTED DOC ID: 18524 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO.2022-883 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON NOVEMBER 1,2022: 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#4925 dated October 21, 2022 between CSEA Local 852,Unit 8785 and the Town of Southold and authorizes and directs Supervisor Scott A Russell to execute said Memorandum of Agreement between the parties. Denis Noncarrow Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Brian O. Mealy, Councilman SECONDER:Sarah E.Nappa, Councilwoman AYES: Nappa, Doroski, Mealy, Doherty, Evans, Russell RECEIVED NOY - 3 2022 41, 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: Denis Noncarrow ,, Town Clerk From: Missy Mirabelli Secretary to the Town Attorney Date: November 2, 2022 Subject: MOA Between Town of Southold and CSEA dated 10.21.22 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. . /mm Enclosures Y 10/21/22 Memorandum of Agreement made this 21 st day of October 2022 by and between the Town ofSoirthold and the'Civil Service Employees Association Inc., Local 1000,AFSCME, AFL-CIO.Southold Unit.87$5 (`'the CSEA"). f WHEREAS,the Town and the CSEA are parties to a collective bargaining agreement covering the period January 1, 2019—December 31,2022 ("the CBA"); and f } WHEREAS,CBA Section 27("Salaries")and Appendices"A"through"Part-Time Rates"addresses the negotiated salaries and raises for CSF,A Unit Members; and WHEREAS.Jaqueline Martinez is currently the Town's Senior Citizen Program Supervisor and, consistent with the titles designated managerial/confidential in PERB Case No. E-2359, is not a member of the CSEA bargaining;unit; and WHEREAS,the Town will be exercising its discretion to promote Ms. Martinez to Senior Citizen Program Director,which is also managerial/confidential in nature: and WHEREAS,the titles of Senior Citizen Program Supervisor and Senior Citizen Program Director appear in the CBA Salary Structure Appendices; and WHEREAS,the parties have negotiated in good faith and have arrived at an agreement with respect to the removal of the Senior Citizen Program Supervisor and Senior Citizen Program Director titles from the Salary Structure Appendices and to remove the Senior Program Director title from the bargaining unit as managerial/confidential; 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,the titles of Senior Citizen Program Supervisor and Senior Citizen Program Director and their respective salary scales in the CBA's Appendices will be removed from the CBA,and the Senior Citizen Program Director title will be removed from the bargaining unit as managerial/confidential. 2. The parties reaffirm that the title of Senior Citizen Program Supervisor has already been removed from the bargaining unit with a designation of managerial/confidential pursuant to PERB Case No. E-2359. 3. This Agreement constitutes the entire agreement bemeen the Town and the CSEA regarding its subject matter. No other promises have been made, oral or otherwise. 4. This Agreement,including this paragraph,may not be modified except by a written agreement between the parties. t 10/21)22 5. This A,grc cinent may be executed with original signatures in counterparts, or by facsimile or PDF-scanned signatures in counterparts,which will be deemed legall} binding as fully as an i original signatttre,. I j 6. This Agreement is subject to ratification by the Town Board. If the Town Board does not ratiC 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. I FORT TO l: THE CSEDated: Dated: t '. a l. I RE U Sofa CE IV- _` ''.:,,� - C OCT 42022 ©doU$�®fid Town C er 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: 631-765-66,39 MEMORANDUM To: Denis Noncarrow, Town Clerk From: Missy Mirabelli Secretary to the Town Attorney Date: September 30, 2022 Subject: MOA between Town of Southold and PBA 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. /mm Enclosures Cc: PBA .w 6 m . 9/19/22 Memorandum of Agreement made thise-A day of September 2022 by and between the Town of Southold and the Southold Town Police Benevolent Association, Inc. ("the PBA"). WHEREAS,the Town and the PBA are parties to a collective negotiations agreement covering the period January 1, 2021 through December 31, 2021 (the "CBA"); and WHEREAS, on or about August 22, 2022, a request was made on behalf of Employee# 3990 (the"Employee")to permit the Employee to use up to 20 sick leave days to care for the Employee's spouse's serious health condition during the period August 24, 2022 through on or about September 22, 2022 ("the Leave"); and WHEREAS, CBA Section 7.2(d)provides, in relevant part that, "[a]n employee may use up to five days"sick leave"per calendar year in the event that an employee's spouse or immediate family living in the household cannot take care of him/herself...[;]" and WHEREAS,the Employee has also requested and been approved to use FMLA leave to care for the Employee's spouse's serious health condition during the Leave; and WHEREAS, the Town's FMLA Policy provides, in relevant part that, "[a]n employee taking leave pursuant to the FMLA will be required to use any accrued paid sick leave... concurrently with his or her family or medical leave... unless otherwise required by an applicable collective bargaining agreement[;]" and WHEREAS,notwithstanding the five-day per calendar year family sick leave use limitation in CBA Section 7.2(d), due to the unique circumstances of the instant situation,the PBA and the Town have agreed that, on a one-time, non-precedent setting basis,the Employee may use up to 20 accrued and unused sick leave days during the Leave to care for the Employee's spouse's serious health condition. NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, and the Recitals set forth above, which are incorporated into this Agreement as though more fully set forth in this Agreement, the parties hereby stipulate and agree as follows: 1. Effective retroactive to August 24, 2022,notwithstanding anything to the contrary in CBA Section 7.2(d),the Employee will, on a one-time, non-precedent setting basis, be permitted to use up to 20 accrued and unused sick leave days during the Leave to care for the Employee's spouse's serious health condition. 2. This Agreement represents the entire agreement between the parties with respect to the Employee's use of sick leave days during the Leave. There are no other agreements, oral or otherwise. 3. This Agreement is not precedent setting and may not be cited in any third-party forum including, but not limited to, a grievance, an arbitration, a PERB or any other administrative proceeding, or a court proceeding, except to enforce the terms of this Agreement. 1 'N 9/19/22 4. 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. In the event that the Board does not approve this Agreement, then this Agreement will become null and void and no adverse inference will be drawn against either party by virtue of it having entered into the Agreement. FOR TOWN: FOUR THE PPBA:: IZI ate: / Z-- Date: oq 2( 2a2 2 2 } RESOLUTION 2022-372 ADOPTED DOC ID: 18041 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2022-372 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 26,2022: RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the Memorandum of Agreement dated April 25, 2022 between CSEA Local 852,Unit 8785 and the Town of Southold and authorizes and directs Supervisor Scott A Russell to execute said Memorandum of Agreement between the parties. Denis Nonearrow Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Brian O. Mealy, Councilman SECONDER:Greg Doroski, Councilman AYES: Nappa, Doroski,Mealy, Evans,Russell 4/25/22 Memorandum of Agreement made thisq�day of April 2022 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 arc parties to a collective bargaining agreement covering the period January 1,2019. —December 31,2022("the CBA");and WHEREAS,CBA Section 27("Salaries")and Appendices"A"through"Part-Time Rates'addresses the negotiated salaries and raises for CSEA Unit Members; and WHEREAS,the parties desire to,on a one-time non-precedent setting basis,adjust the salary structures for the titles Case Manager,Case Manager(Spanish Speaking),Senior Cook and Adult Day Care Supervisor;and WHEREAS,the parties have negotiated in good faith and have arrived at an agreement with respect to the salary adjustments for the above-mentioned titles for steps"Entry Level" through"52' 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: I. Effective retroactive to January 1,2022,and notwithstanding anything to the contrary in the CBA,on a one-time,non-precedent setting basis,the CBA's salary structures for the job titles of Case Manager, Case Manager(Spanish Speaking),Senior Cook and Adult Day Care Supervisor will be revised in accordance with the attached"Appendix." 2. In addition,effective retroactive to January 1,2022,on a one-time,non-precedent setting basis,unit members employed by the Town as of the date of the Town Board's ratification of this Agreement in the job titles of Case Manager,Case Manager(Spanish Speaking),Senior Cook and Adult Day Care Supervisor will have their salaries adjusted in accordance with the revised salary structures in the attached"Appendix."The unit members will remain on their current step level in the new salary structure unless and until they are eligible for step movement in accordance with C13A Section 27("Salaries"). Any retroactive payments, minus applicable taxes and withholdings,will be made within 60 calendar days folly%vin!the Town Board's ratification of this Agreement. 3. This Agreement constitutes the entire agreement between the'rown and the CSEA regarding changes to the C13A's salary structures. No other promises have been made,orul or otherwise. 4. This Agruernent, including this paragraph,'"Y Ilot IV Inoditicd cx%tipt by a written agreement lw1woull the:parties. S. Nothing contained herein will be deemed as prvicedcut scUiug with rrgurd to any other mutter,This Agreement 11111y 110t be cited in ally Matter,such as.but lot limited to,any Scanned with CamScanner 4/25/22 grievance hearing,PERB conference/hearing,administrative or court proceeding,or any other similar proceeding,except to enforce the provisions of this Agreement. 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. 5. This Agreement is subject to ratification by the Town Board.If the Town Board does not ratify this Agreement,thein 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: FOR THE CSEA: Dated: q laq Wo a ated: Dated: Scanned with CamScanner 4/25/22 APPENDIX Revised Salary Structures-Effective January 1,2022 Entry Level Step 1 Step 2 Step 3 Step 4 Step 5 Case Manager $56,361 $59,360 $60,893 $62,963 $64,496 568,329 Case Manager $56,361 $59,360 $60,893 $62,963 $64,496 568,329 (Spanish Speaking) Senior Cook $56,361 $59,360 $60,893 $62,963 564,496 568,329 Adult Day Care Supervisor $50,182 $54,014 $55,547 $57,617 $59,150 $62,963 1'c 1_ z Scanned with CamScanner o MAY - 2 2022 �011110fd Town Cjarp. ' 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: Denis Noncarrow, Town Clerk From: Missy Mirabelli Secretary to the Town Attorney Date: April 29, 2022 Subject: MOU with CSEA With respect to the above-referenced matter, I am enclosing the original Agreement. In this regard, kindly have Scott sign and date the documents where indicated and return to me for processing. Thank you. mm Enclosures ®tiaSufFOca� DECEIVE® x AUG - 1 2022 0 ©� �a 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: Denis Noncarrow, Town Clerk From: Melissa M Mirabelli Secretary to the Town Attorney Date: August 1, 2022 Subject: MOA with CSEA and Town of Southold (Exclusivity Claim) With respect to the above-referenced matter, I am enclosing the original Agreement. Thank you. mm Enclosures CC: Joe O'Leary- CSEA President 7/28/22 Memorandum of Agreement made this 28th day of July 2022 by and between the Town of Southold and the Civil Service Employees Association Inc.,Local 1000,AFSCME,AFL- CIO, Southold Unit 8785 ("the CSEA"). f WHEREAS, a dispute has arisen regarding Bay Constable scheduling work that has been performed by then Lieutenant(now Captain)James Ginas since on or about July 2018; and 1 WHEREAS,the CSEA has alleged exclusivity over the at-issue work; and s ' WHEREAS,the Town has denied CSEA's exclusivity claims; and WHEREAS,the parties have conferred and reached an agreement resolving this matter without the uncertainties, costs and risks of potential litigation between them. NOW,THEREFORE,the parties agree as follows: •1. Effective retroactive to July 1,2018,any Bay Constable scheduling work performed by Captain(then Lieutenant)Ginas will not be used by the Town before any third party as proof in support of an alleged breach of alleged CSEA exclusivity over the scheduling work. 2. 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 an ALJ or other third party. As a result, this Agreement will not be construed by the Town as agreeing that it did not have the right to assign a Lieutenant or Captain to perform Bay Constable scheduling work beginning on or about July 2018. 3. 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 the ALJ or other third party. As a result,this Agreement will not be construed by the CSEA as agreeing that the Town had the right to assign a Lieutenant or Captain to perform Bay Constable scheduling work beginning on or about July 2018. 4. 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. 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 PDF-scanned signatures in counterparts,which will be deemed legally binding as fully as an original signature. Y i 7/28/22 i j 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. i ADated: OWN: R CSW- THE 3 ' I I a0aa- Jaed: Dated: 7 2 w o O � � 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: Denis Noncarrow, Town Clerk From: Melissa M Mirabelli Secretary to the Town Attorney Date: August 1, 2022 Subject: MOA with CSEA and Town of Southold (HEO/ Posting) With respect to the above-referenced matter, I am enclosing the original Agreement. Thank you. mm Enclosures CC: Joe O'Leary- CSEA President Tor 7/26/22 Memorandum of Agreement made this 28th day of July 2022 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 1,2019—December 31,2022 ("the CBA"); and WHEREAS, on or about January 13, 2022, employee Robert DeJesus filed Grievance 2022-001 ("the Grievance"),which alleges, in sum and substance,that the Town violated CSEA CBA§ 8.2 when,on or about January 4,2022, it appointed employee Roger Tabor to a vacant Heavy Equipment Operator("HEO")position; and WHEREAS, on or about January 26,2022,Highway Superintendent Daniel J. Goodwin denied the Grievance; and WHEREAS,the Grievance was subsequently appealed and a Grievance Board hearing was held on March 31,2022; and WHEREAS,the parties agreed to hold this matter in abeyance while they engaged in settlement discussions regarding same; and 1 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. Effective upon the Town Board's ratification of this Agreement,the Town will ! exercise its managerial discretion to create and post an additional HEO position,which it will fill in accordance with CBA§ 8.2("Seniority"). 3. For purposes of seniority and CBA provisions dependent on same,Mr. Tabor's date of hire by the Town will be August 30,2001,except as otherwise required by law. i 4. This Agreement constitutes the entire agreement between the Town and the CSEA regarding the resolution of the Grievance and Mr.Tabor's Town-wide and Highway Department seniority.No other promises have been made.This Agreement,including this paragraph,may not be modified except by a written agreement between the parties. i 5. Nothing contained in this Agreement,except for Paragraph"3"addressing Mr.Tabor's seniority,will be deemed as precedent-setting with regard to any other matter. This Agreement may not be cited in any other third-party matter, such as,but not limited to, any grievance, grievance hearing, arbitration,PERB conference/hearing,court matter or any other similar 1 proceeding, except to enforce the provisions of this Agreement. i i i 7/28/22 6. 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. 7. 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. 8. 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. FO HE TOWN Fff THE CSE ( Dated: hlate I Dated: 7/d- 2 7 d 2