Loading...
HomeMy WebLinkAboutPBA Contract1985 - 1986 PBA CONTRACT THIS AGREEMEhtT made. this.tgthday of. December ~ ~ I98_4. by and. between the TQWN OF SOUTHOLD, a municipal corporation of the State o.f. New York (hereinafter referred to as the "Town"), and the SOUTHOLD TOWN POLICE BENEVOLENT ASSOCIATION, INC., 'a membership co~poration of the State of New York {hereinafter re£erred to' as the. "PBA"). WITNESSETH WHEREAS, Article· 1~ of the Civil Service Law provides that public employees shall have the right to be represented by employee organizations to negotiate collectively with their public employer in the determination of their terms and conditions of employment, and to enter into written agreements with respect thereto; and ' WHEREAS, the PBA has been certified as the employee organization, as a result of an election, to represent all uniformed members of the · Police Department of the Town of Southold including all patrolmen, sergeants, lieutenants and detectives excluding the Chief of Police, and all other employees, said included members of the Police Department hereafter referred to as "employees". NOW, THEREFORE, the parties hereto agree as follows: ARTICLE I RECOGNITION Section 1. The Town does hereby recognize the PBA as the exclusive employee organization to represent the employees and extends to the PBA the roi. lowing rights: (a) To represent the employees in negotiations and in the settlement of grievances; (b) To . membership dues deduction, upon presentation of dues employees; deduction authorization cards signed, by .individual and lc). To-unchallenged representation status until seven (7) months prior to the expiration date of this Agreement'. Section 2. Seven (7) months prior .to the expiration date of this Agreement, the Town shall determine the employee choice of the employee organization to thereafter represent them on the basis of dues deduct'ion authorization and other evidence, or, if necessary, by conducting an election in accordance with Article' 14 of the Civil Service Law and rules adopted pursuant thereto. Se.C'tion 3. The parties agree that they will each conduct negotiations in good faith, exchange viewpoints, make proposals and counter proposals, 'make available to each other all relevant records, data and information in the possession of the other to the end that mutual understanding and agreement may be reached with 'respect to the terms and conditions of employment and the administration of grievances of the employees. ARTICIJE I1 PROTECTION OF EMPLOYEES Section 1. All employees appointed from a valid civil service list shall be afforded all the protection of the provisions of Article 5 of the Civil Service Law ~nd/or Article. 10 of the Town Law, whichever shall be applicable. Section 2. Seniority shall be determined on the basis of continuous employment in the Southold Town Police Force and/or Department. -2- Notwithstanding the foregoing, however, an employee who has been transferred from another police force within Suffolk County to the Southold Town Police Force shall receive credit for purposes of seniorib/ for continuous, time served in such other, police force in Suffolk County. "Section 3. The. Town shall provide legal services to an employee against whom 'an action or proceeding has been commenced involving any 'matter .occurring within the scope of his employment as an officer or employee of the Town. ,, Section 4. Seasonal or part-time employees, shall not perform duties which are normally' assigned to full-time civil service police officers of this department, unless mutually agreed upon by the PBA and the Town. Neither seasonal nor part-time 'employees shall be Used for overtime work unless all'available' employees refuse overtime. Special events such as traffic control,parades, section. etc. shall be exempt for the provisions of this ARTICLE III COMPENSATION -INJURED EMPLOYEES Section 1. Employees employment with the' Town period of incapacity or who sustain physical injuries in the course of shall continue to receive full salary during the until eligible for a disability pension, or death,whichever shall first occur. Any sums received by such employee under the provisions of the Workmen's Compensation Law for lost earnings as a result of such injury shall be paid by such employee to the Town. ARTICLE IV NOTICE OF PROMOTIONS Section 1. Notice of all promotional positions in the. Town Police Department shall be posted on available bulletin boards at police headquarters and all 'employees shall be given an opportunity to make application for such positions. Sect qn 2.. An. employee who is 'scheduled to take a Town police related departmental promotional exam nation ~hall be entitled to eight consecutive hours ' off duty prior to the scheduled time of such examination. .ARTICLE V. VACATIONS Section t. The Town will adopt the vacation schedule as follows: (a) Start through first year - five [5) working days. (b] Second through fifth year - sixteen (15) working days. lc) Sixth through tenth year - nineteen (19) working days. (d) Eleventh through fifteenth year - twenty-two (22) working days. [e) Sixteenth through twentieth year - twenty-seven (27) working days. Section 2. Effective January 1, 1985, unlimited unused 'vacation leave may be accumulated by an employee and · the employee may receive payment for such accumulated leave upon a reasonable request. Notwithstanding the foregoing, however, not' more than a maximum of eight (8) unused vacation days may be carried over to the following calendar year to be used for the expressed purpose of additional vacation time off in the following calendar year. Section 3, Employees who so desire may volunteer to work, if acceptable to the Department, during their annual ~acations. Such work will be compensated at straight time, unless an employee works in excess of eight (8) hours. Such volunteers may be assigned to any normal police duties. -4- Section ~. An ·employee, if transferred, not by choice, from one s'quad to another, Shall ·have the. right to maintain his previously'selected vacation. Section 5. If an employee is on his first week of vacation, and is outside the Town, and .is recalled from 'vaCation to active.duty, he shall be. given credit for an additional five (5) days vacation time. Such employee shall also be paid for his necessary travel expenses incurred-in returning to active duty. Section. 6. An employee on vacation may sign out on sick leave if sickness or injury .occurs while on vacation and is confined to his residence or is hospitalized. Sickness to. be verified by physician's certificate. Time of sickness or injury shall not be charged to vacation time of employee, but shall be charged to sick leave. Section 7. Employee~ with' more than one (1) year of service in the Police Department shall be permitted to divide their vacation time into a maximum of ten (10) one (1) day segments provided that the Chief of Police, or his designee, receives sufficient notification to arrange for rescheduling of tours of duty. Vacation time, other than one (1] day segments', shall be scheduled on the basis of seniority in the following manner, to wit: First Selection - On the basis of seniority, all employees shall select the time of their vacations. Second Selection - . After all employees have made a first selection, as provided in paragraph Ia) above, those employees who have elected to divide their vacation time shall make a second selection based on seniority. -5- (c) Third Selection - After making the secQnd' selection, as provided in paragraph .(b) above, the 'employees with remaining vacation periods due them shall'make a final selection of time when the remainder of their vacation shall be taken, based on seniority. (d) T.wo (2) sergeants may take their vacations at the same time, provided that the same is approved by..the Chief or Officer in charge, and further provided that. the same does not resul~ in overtime being paid to other members of the Police Depar[ment. (e) One (1) 'employee from 'each. squad' may be on vacation at the same time. ARTICLE VI LEAVE OF ABSENCE, SICK DAYS AND HOLIDAYS Section 1. Leave of absence without pay shall I~e granted to employees in accordance with the p~ovisions of Rule 24 of the Rules for Classified Civil Service 'of Suffolk .County and the provisions of Section 243 of the Military Law of the State of New York. Section 2. (a) All .employees shall be entitled to fifteen (15) sick days in each calendar year. Unused sick leave may be accumulated up to a maximum of three hundred (300) days. On and after January 1, 1985, upon retirement, each employee shall be entitled to be compensated for the value of one hundred (100%) percent of the first two hundred (200) days of his or her accumulated unused sick leave, or any portion thereof. The Town Board shall have the option to pay the same to the employee, either in a lump -6- sum payment at the time of 'employee's .retirement or in regular payroll payments immediately prio~ to such retirement. (b) The Chief of Police, i~ the exercise of his discretion, may request a written physician's .certificate in all cases where an employee is' absent by reason of illness, the cost thereof to be paid by She Town. (¢) When an employee, due to illness, fails to complete a tour of duty, the remaining amount of time left in that tour shall be deducted from said employee's sick leave. Section 3. Each employee shall be entitled to receive equivalent time off or receive compensatioh in lieu of such equivalent time off for the following holidays,, whether or not such employee was required to report for duty on such days, to wit: The 1st day of January, known as New Year's.Day; effective on January 1, 1986, the third MondaY of January known as Dr. Martin Luther King, Jr. day; the 12th day of February, known as Lincoln's Birthday; the 3rd Monday in February known as Washington's Birthday; Easter Sunday; the 30th day of May, known as Memorial Day; the 4th day of July, known as Independence Day; the 1st Monday in September, known as Labor Day; the 2nd Monday in October, known as Columbus Day; the 1st Tuesday after the 1st Monday in November, known as Election Day; the 11th day of November, known as Veteran's Day; the 4th Thursday in November, known as Thanksgiving Day; the 25th Day of December, known as Christmas Day. Employees who actually work on a designated holiday shall receive four (4) hours of additional compensation for working that particular holiday. -7- Section 4.' For the purpose of implementing the provisions of Section 3 of this article; on Janua'ry 1st of each year, each employee will 'be .credited with the total number of holidays to which he is entitled for the ensuing year. On or before December 1st of each year, the Police Department shall 'prepare and submit to the Supervisor . a schedule indicating the' total number of holidays that each employee is entitled~ to for such year, the total' number of holidays charged against each employee for such year and the total number of holidays remaining due to said employees. On or before December 15th of such year, the Supervisor shall'pay to each employee a sum equal to the number of holidays remaining due to each employee. An employee who separates from service after he has received' the benefits of this section and 'prior to a holiday for which he has been compensated, shall have deducted from his final payroll check an amount equivalent to the compensation received for said holiday. Section 5. Employess shall be entitled to be absent .from duty without pay at such time and for such duration as the Chief of Police or officer in charge may .in his discJ-etion approve for the purpose of attending to business a ffai~-s. Section 6. (a) Employees shall be entitled to four (4) days personal leave of absence with pay each calendar year for the purpose of attending to personal matters, provided that the time of taking such leave shall be approved by the officer in charge. Employees who have completed five (5) years of service shall be entitled to an additional two (2) days personal leave as provided in this -8- paragraph. E~ffective July l, 198~, the present six [6) personal leave days shall be reduced to four (4) such days. (b) If an employee submits his request for a personal day at least five (5) days prior to that day, no reason fo~ the leave shall be required. (c) If said request is received less than five [5) days prior to the requested day, the reason justifying the need for said personal day shall be submitted. However, permission for a personal leave day shall not be withheld if there are adequate personnel available 'to fulfill the staffing needs of the Department. . Section 7. An employee, on application of his Commanding Officer, shall be granted four [4) continuous days including scheduled days off with full pay in case of death in his or her "immediate family", which shall be defined as spouse, child, father, stepfather, mother, stepmother, brothe,r, sister, parent-in-law, ' son-in-law and daughter-in-law. An employee shall be granted one 11) working day off to attend the funeral of his' grandparent. 'brother-in-law, sister-in-Jaw, foster parent, foster child, nieces, nephews, uncles, aunts', half-brother and half-sister. Grandparents and foster parents shall be included among those for whom 'four days death leave is allowable if it is necessary, if the employee attends the funeral, and if he has demonstrated to the Commanding Officer that there has been a sufficiently close relationship that he would normally be expected to need such an amount of time away from work, including time for travel to the funeral. -9- like commitments. The entitled to three (3) conference functions. advance by the PBA Segtion 8,. ~The PBA President shall "be entitled ,to nine (9) paid. leave days per year in addition to the various leave benefits provided .for in thi~ contract for the purpose of attending PB~ meetings, conventions and other Suffolk' County Police Conference Director shall be pai'd leave da.ys, per year tO at, end the various A maximum of t~o [2) members designated in shall be given only' the time off specified herein, when required, to attend a formal negotiating session with the Town or its representatives, including foYmal sessions conducted under the law. Ia) When a 'member is scheduled to work a midnight to 8 A.M. tour on the day of an agreed scheduled session,, he shall be given that tour off. [b) When a member is 'scheduled to work '8 A.M. to 4 P.M. and the meeting is scheduled duri'ng that time, he shall be granted that tour off. It) When a member' is scheduled to work at 4 P.M. to midnight tour and the meeting is scheduled during that time, he shall be granted that tour' off. Section 9. The existing duty chart of three (3) rotating tours of duty (i.e. 8 .ALM. to 4 P.M.; ~ P.M. to 12 midnight and 12 midnight to 8 A.M.) shall · continue until August 1, 1983. Members shall have the right to choose one additional paid leave day per cycle on a seniority basis (a cycle shall be defined as one complete set of three (3) tour rotations as set forth in department regulations). Effective August 1, 1983~ the duty chart presently in existence shall be reduced by seventeen [17) days from the present 256 days to 239 days per year. -10- · Section .10. Police Officers shall be permitted to switch tours of ~luty provided that: (a) The same is approved in writing absence,, the officer in charge. (b) by the Lieutenant, or in his The same does not result in any increased costs to the Town. The same does not disrupt normal police operations. ARTICLE VII RETIREMENT BENEFITS Section 1. The Town agrees to make the provisions of Section .38~-d of the Retirement and Social Security Law [optional twenty-year Retirement Plan) applicable to the employees, and to take the appropriate action to assume the additional cost thereof. The Town of Southold; effective upon the execution of this ' Agreement, shall adopt the New York State Retirement Plan Section 375[i), and effective as Of the date of this Agreement, provide such benefit to any police officer who retires. Section 2. The Town agrees to make the provisions of Section 384 subdivision (f) and [g) of the Retirement and Social. Security Law, (1/60th increased pension) applicable to the employees, and to take the appropriate action to assume the additional cost thereof. Section 3. The Town agrees to make the provision of Chapter 950 of the Laws of 1970 (twelve '[12] months final average' salary) applicable to the 'employees, and to take the appropriate action to assume the additional cost thereof. -11- Position Patrolman Sergeant Lieutenant Section 2. Length of Service ARTICLE VIII' ·SALARIES Jan. 1, 1985 Bas~ Salary Jan. 1, 1986 Base Salary. First Year TO BE ADVERTISED BY TOWN BOARD Second Year $24,615.00 $26,338.00 Third Year 29, 813.00 31., 899. O0 Fourth Year 31,058.00 33,232.00 Fifth Year 32,341.00 34,605.00 35,575.00 38,065.00 39,132, 00 41,871.00 (a) During the term of this Agreement, an employee assigned to detective duty, shall be paid an additional salary at the rate of five hundred ($500.00) dollars per year, during the period of such assignment, which additional salary shall not, however, be included in such employee's salary for the purpose of determining longevity as provided in Article IX hereof. (b) Upon completion of two (2) full years of detective service an employee shall receive $50.00 per month in additional compensation for said position. The additional salary shall not be included in such employee's salary for the purpose of determining longevity as provided in Article IX hereof. -12- Section· 3. - Tourl differential- (a) Effective January .1[, ;1985~ a '$~75,:00. per annum amount as a tour differential' shall be granted each employee who works three '(3) tours around the clock or a steady night tour. (b) Effective January 1, 1986~ a. $1,100.O0 per annum amount as a tour differential· shall be granted each e~lployee who works three [3) tours around the clock or a steady night tour. ,(C) Effective January'l, 1985, and inclusive of December $1', .1986, a $~50."00 per annum anount as a tour differential shall be granted each employee who works two rotating tours of duty. (d) If an employee who is not normally .scheduled to work three (3) rotating tours of duty should over the course of a calendar year work '20%' of his/her tours between 12 A.M.. and 8 A.M., said employee shall be entitled to full tour differential in.~tead of partial differential·. ARTICLE IX LONGEVITY PAY Section 1. Employees 'shall receive upon length of service as follows: (b] additional compensation . based Employees with at least ten (10) years but less than fifteen (15) years of service shall receive a salary increase of four [4%) percent. Employees with at least fifteen (15) years but less than eighteen (18) years of service shall receive a salary increase of five [5%) percent. (d) Employees 'with eighteen (18) or more years of service, sh~1! receive a salary increase of six (6%) percent. Such additional compensation as provided in this section shall commence on the first day of the month in which an employee becomes eligible therefor. ARTICLE X COLLEGE CREDIT Section 1. The following employees, to wit: Dennis R. Bannon, John J. Charters, Carlisle' Cochran, Stanley Droskoski, Edward Sidor, John E. Clark and Theodore J. Bokina, sl~all receive additional compensation based upon successful completion of police science courses qualifying for credit toward an associate degree in police science in an accreclited college or university as follows: (a) Such employees successfully completing thirty (30) credit hours shall receive a salary increase of one (1%) percent of base salary. (b) Such employees who have received an associate degree in police science shall 'receive a salary increase of two (2%) percent of base salary. (c) Additional compensation provided in. this section shall commence on the fh-st day of t'he month in which an employee becomes eligible therefor. An employee requesting compensation as provided in this section shall present to the Supervisor a letter or certificate executed by an official of the college or university as proof of his eligibility therefor. -14- ARTICLE XI HOSPITALIZ^TIO N Section 1. The Town agrees to m~ke available to the employees the group health and Blue Cross health insurance plans provided by the State of New York,. whichever each employee desires. The Town shall 'pay One hundred (100%) percent of the premium applicable to benefits afforded to both the 'employee and his dependents. In the event of an employee's .death, the Town will pay the present hospitalization for the period of one year after the death on behalf of the deceased's family. ARTICLE XII COMPENSATION FOR COURT ATTENDANCE AND OVERTIME WORK Section 1. In the event that an employee is required to be present in any court proceeding as a witness· during off-duty hours, or. is called in to work during his normal time off, such employee shall be compensated therefor at the rate of one and one half (~) at the nor'mai rate of salary, or at the option of the 'employe.e, shall be given compensatory time off at the same rate. Employees, when required to perform duty as provided in this ·section, shall receive a minimum of three (3) hours compensation at their normal rate of salary. Proof of time spent for court appearances shall be certified to by the justice or clerk of the court and filed by the employee with the Supervisor. Section 2. When an employee is required to be on duty normal tour, he shall be compensated at one and one half (1½) rate of pay or compensatory time at the same rate. beyond his the normal -15- · Section 3, Overtime worked between January 1st and 'May' 31st shall be paid on Jun'e 15th. Overtime wo'rked between June 1st and November ISth shall be paid on December 1st. Any unpaid overtime accrued from November 15th to December 31st shall be paid on January 15th. ARTICLE XIII DEATH OF EMPLOYEE Section 1. The Town agrees to continue to provide the death benefits provided by Section 208-b of the General Municipal Law. Section 2. The Town agrees that any and all benefits to which an employee is entitled to at the time of his death ·shall be paid to his estate as soon as possible after his death. ARTICLE XIV DENTAL PLAN Section 1. (a) The Town'shall pay to GHI [General Health Insurance) the sum of $261.96 per en~ployee for a dental plan identified as "M-1 Family Plan". In th~ event of an employee's .death, the Town will pay 'for the new dental plan for a period of one year after the death on behalf of the deceased's family. [b) Each employee shall have the option to enroll in the GHI (General Health Insurance) "M-1 Family 100% Plan", and to authorize the Town to deduct the cost thereof (in excess of $261.96 paid by the Town as provided in Ia) above) from such employee's salary. -16- ARTICLE XV ~VIPLOYER-EMPLOYEE RELATIONS AND GRIEVANCE PROCEDURE Section 1~ The Town agrees to establish a committee to meet when necessary with a similar committee to be, established by the PBA for the purpose of dealing with employee grievances and working conditions and such other matters as effect the Police Dapartment and its employees. Section 2. Any grievance arising out of the interpretation of this Agreement shall be resolved by the following procedure: Step 1. The employee shall, within ten (10) days of an occurrence that is alleged to have violated the contract within ten (10) days of his discovering sated occurrence, submit his grievance in writing to the Chief of Police. The Chief of Police shall issue a written within ten (10)' days of its Peceipl~. Step 2. Within ten (10) days of receipt of reply to said grievance the written reply of the Chief of Police, the employee may appeal the decision of the Chief of Police to the Police Committee, Town of Southold. The Police Committee shall consider such grievance at its next regularly scheduled meeting and shall issue a written reply within ten (10) days after said meeting. Step 3. In the event that the employee is not satisfied with said decision, he may r~quest a full Town Board hearing to be conducted within twenty (20) days of receipt of'the Police Committee decision. The full Town Board hearing shall constitute the final step. Section 1. The parties applicable provisions of law the ~mployees ~ ARTICLE XVl DISCIPLINE AND BILL OF R~GHTS hereto agree that they will 'comply with the with respect to disciplinary m~tters involving. S~ectibn 2. All 'members covered by this~ Agreement shall be entitled to the protection of w~hat shall be hereafter termed as the "Bill of Rights". Step I. A'II charges' or actions taken against an employee covered by this agreement which may lead to disciplinary' measures must. be made in writing and signed by the Complai'nant. Step 2. Investi'gations may .be conducted in confidential matters without notice to the employee. The employee to be notified immediately in writingt at that point at which a decision is made to file charges. Step 3. An employee covered by this agreement shall have the right to have 'present at all stages 'of disciplinary procedures an attorney of his choosing and a PBA 'representative of his choosing. ARTICLE XVII PERSONNEL RECORDS Section 1. Any employee shall be entitled to examine his official personnel file upon making request therefor to the Chief of Police or other officer in charge in his absence. Section 2. Upon request, any employee shall be furnished with a copy of any material in his personnel file. Section 3. Only one employee personnel file shall be maintained which shall contain all material with respect to such 'employee. Section 4. No material' derogatory to an ·employee, his conduct, character or service shall be placed in his personnel file unless he has been given an opportunity to examine the same and affix his signature thereon, which signature shall indicate that the employee has examined the same and shah 'not be deemed to indicate that the employee in any way consents or agrees with the contents thereof. The employee may place in su~ch personnel file a written answer to any derogatory materiaf.ln said ~ile; Section 5. If an ·employee 'is the subject of charges and specifications by an administrative hearing or a court of competent· jur'isdiction, the only documents to be placed in the employee's personnel file shall be the charges and specification and the' final adjudication thereof. Upon the consent of the employee, the PBA, upon 'request, should be advised of the status, progress and outcome of ;~he matter. ARTICLE XVtll AMENDMENTS Section 1. Any ·changes or amendments to this Agreement shall not become effective unless the same are in writing signed by the parties hereto. ARTICLE XIX NO STRIKE PLEDGE Section 1. The PBA does hereby affirm that it does not assert the right to strike against any government nor to assist or participate in any such strike, or to impose any obligation to conduct, assist or participate in such a strike. -19- ARTICLE XX UNIFORM CLEANING & UNIFORM EQUIPMENT ALLOWANCE Section 1. The employer agrees to pay the entire cost of dry cleaning of al.I wearing apparel in connectipn with the police uniforms of the employees of the Town of $outhold' except washable items. The Town shall select an appropriate dry cleaning service. The employee shall use the cleaning service selected by the employer. Section 2.. In addition to the present cleaning and maintenance program, $250.00 shall be available each year to each employee as a uniform 'and equipment allowance on a voucher system. Any amount needed over the $250.00 shall be the employee's expense. Unused allowances shall revert to the Town at the end of each year. ARTICLE XXI LEGISLATIVE APPROVAL Section 1. It is agreed by and between the parties that any provision of this Agreement requiring legislative action to permit its implementation by amendment of law or by providing the additional funds therefor, shall not become effec1~ive until the appropriate legislative body has given approval. ARTICLE XXII APPORTIONMENT OF BENEFITS Section 1. In the event that the employment of an employee is terminated by reason of retirement, resignation or other cause, all benefits provided herein shall be prorated up to the date of such termination. -20- ARTICLE XXIII ADDITIONAL COMPENSATION Section I. In the eYent that an employee is entitled to additional compensation for court attendances, overtime work, or other purposes, the rate. of ,such' compensation shall be based upon two hundred sixty (:260). days. ARTI.CLE XXIV TERM OF AGREEMENT Section 1. The term of this Agreement shall be for two [2) years, to become effective on January 1986. IN WITNESS WHEREOF, seals this 19th 1, 1985, and terminating on December 31, the parties hereto have set their hands and day of December, 1984. THE TOWN'OF SOU,-rHOy ~_~4/$uPervis°r ~// SOU~HOLD TOWN POLICE RENEVOIFNT ASSOCIATION, INC. ~ohn E. Clark, President -21-