Loading...
HomeMy WebLinkAboutPBA Contract~983 - 1984 PBA CONTRACT THIS AGREEMENT made thislOth day of Mayt 198'~, by and between the TOWN OF SOUTHOLD, a municipal corporation of the State of New York (hereinafter referred to as the "Town"), and the $OUTFIOLD TOWN POLICE BENEVOLENT ASSOCIATION, INC., a membership corporation of the State of Ne~z York (hereinafter referred to as the "PBA"). WITNESSETH: WHEREAS, Article 14 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 tee'ms 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 ~nd 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 1 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 following rights: (a) To represent the employees in negotiations and in the settlement of grievances; (b) Section Agreement, organization To membership dues deduction, upon presentation of dues deduction authorization cards signed by individual employees; and To unchallenged representation status until seven (7) months prior to the expiration date of this Agreement. 2. Seven [7) months prior to the expiration date of this the Town' shall determine the employee choice of the employee to .thereafter represent them 'on the basis of dues deduction 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. Section 3. The parties agree that they will each conduct negotiations in good faith, e~change viewpoints, make proposals and counterproposals, 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. 'ARTICLE II PROTECTION OF EMPLOYEES Section 1. All 'employees appointed from a valid civil service list shall be afforded all the protection of the provisions Service Law and/or Article 10 of the Town applicable. Section 2. Seniority sh~ll be determined employment in the Southold Town Police Notwithstanding the foregoing, however, an of Article 5 of the Civil Law, whichever shall be transferred from another police force within .Suffolk County on the basis of continuous Force and/or Department. employee who has been to the Southold -2- · Town Police Force shall receive credit for purposes of seniority for continuous time served in such other police force in Suffolk County. Section 3. The Town shall provide legal services to an employee against ~vhom an action or proceeding has been commenced involving any matter occurring ~vithin the scope of his employment as an officer or employee of the Town of S'outhold, ~ ARTICLE III COMPENSATION - INJURED EMPLOYEES Section 1. Employees who sustain physical injuries in the course of their employment with the Town shall continue to receive full salary during the period of incapacity or 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 ali employees shah be given an opportunity to make application for such positions. Section 2. An employee who .is scheduled to take a Town Police related departmental promotional examination shall be entitled to eight (8) co_n?ecutive hours off duty pr~io.~- to the scheduled time of such examination. -3- ARTICLE V VACATIONS Section 1. The Town will adopt the vacation schedule as follows: Start through first year - five (5) working days Second through fifth year - sixteen (16) working days Sixth' through tenth year - nineteen (19) working.days Eleventh through fifteenth year- twenty-two (22) working days. Sixteenth through twentieth year -' twenty-seven (27) working days. Section 2. A maximum of ten (10) days of unused vacation time may be carried over into the following calendar year. Section 3. Employees who so desire may volunteer to work, if acceptable to the Department, during their annual vacations. 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. Section 4. An employee, if transferred not by choice, from one squad 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 aJso 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. Employees 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 Pol~c~, or his designee, receives sufficient notification to arrange fo~ rescheduling of tours of duty. Vacation time, other than one (1) da-y segments, s'hall be scheduled on the basis Of seniority in the following manner, to wit: '(al First Selection On the basis of seniority,' all employees shall select the time of their vacations. lb) Second Selection - After all employees have made a first selection, as provided in paragraph (al above, those employees who have elected to divide their vacation .time shall make a second selection. based on seniority. lc] Third Selection - After making the second 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) Two (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 result in overtime being paid to other members of the Police Department. [e) One (1) employee from time. Section I. each squad may be on vacation at the same ARTICLE VI LE_AVE OF ABSENCE, SICK DAYS AND HOLIDAYS Leave of absence without pay shall be granted to employees in accordance with the provisions of Rule 24 of the. Rules for Classified~Civil Service of Suffolk County and the provisions of Section 2zt3 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 inay be accumulated up to a maximum of three hundred (300) days. On and after ·January 1, 1983, upon reti~-ement, each employee shall be entitled to be compensated for the value of seventy-five (75%) 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 sum payment at the time of the employee's retirement or in regular payroll payments immediately prior to such retirement. (b) The Chief of Police, .in the exercise of his discretion, may request a written physician's ·certificate in all cases where an employee is absent by reason &f illness, the cost thereof to be paid by the Town. Section 3. Each employee shall be entitled to receive equivalent time off or receive compensation 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; 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 ls~ Monday in SePtember, known as .Labor Day; the 2nd Monday in October, known as Columbus Day; the 1st Tuesday after the 1st Monday in Novemberr known as Election Day; the 11th day of November, known as Veteranis Day; the 4th Thursday in November, known as Thanksgiving Day; the Z~th Day of De~ember. known as Christmas Day. Section ~t. For the purpose of impleme~nting the provisions of Section 3 of this article, on January Ist of each yeaF, each employee will be' credited with the total number of holidays to which he is entitled for the ensuing year. Or~ or before December 1st of each year, the Police Oepartment 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. Employees 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 discretion approve for the purpose of attending to business affairs. 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 paragraph. Effective July 1, 1983, 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 for 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 e 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 to his Commanding Officer, shall be granted four (4) continuous days including scheduled days off with full pay in case of death in' his "immediate family", which .shall be defined as wife, child, father, stepfather, mother, stepmother, brother, sister, parent-in-law, son-in- law and daughter-in-law. An employee shall be granted one (1) working day off to attend the funeral of his grandparent, brother-in-law, sister-in-law, 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. -8- SectiQ~n~8. The PBA President shall be entitled to nine (9) paid leave da'ys per year in addition to' the various leave benefits provided for in this cont'-act for the purpose of attending PBA meeting, conventions and other like commitments. The Suffotk County Police Conference Director shall be entit£ed to three C3) paid leave days per year to attend the various · Conference functions. A maximum of two (2) members designated in advance by ti~e PBA s,~all be g~ven only the time off specified herein, when required, to attend a Formal negot~at ng session with the Town or its representatives, inc£uding formal sessions conducted under the law. {a) 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. ih) When a member is scheduled to work 8 A.M. to 4 P.M. and the meeting is scheduled during that time, he shall be granted that tour off. 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) I~ A.M. to 4 P.A~.; 4 P.M. to 12 midnight and rotating tours of duty (i.e. 12 midnight to B 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 comp[ere set of three (3) department regulations). Effective August 1, in existence shall be reduced by seventeen days to 239 days per year. tour rotations as set forth in 1983, the duty chart presently (17) days from the present 256 -9- Section 10. provided that: Po[ice Officers shall be permitted to switch tours of duty (a) The same is approved in writing by the Lieutenant, or in his absence, the officer in charge. (b) The same does not result in any increased costs to the Town. · (c) The same does not disrupt normal 15olice operations. ARTICLE VII RETIREMENT BENEFITS Section 1. The Town agrees to make the provisions of Section 384-d of the Retirement and Social Security Law (optional twenty-year Retirement Plani applicable to the employees, and to take t'he appropriate action to assume the additional cost thereof. The Town of Southold, effective upon the execution of this'Agree~]ent, 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 Secruity Law, (1/60th increased pension) applicab]e 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. ARTICLE VIII · - SA~LAR lES PosKion PatroIman Sergeant Lieutenant Length of Service First Year Second Year Third Year Fourth Year Fifth Year Jan. 1, 1983 Jan. 1:, 1984 ~ B~ase Sa, lary .~uly 1. I984 B_ase Salarz TO BE ADVERTISED BY TOWN BOARD $21,372.00 $22,120.00 $23,005.00 25,885.00 26,791.00 27,863.00 26,967.00 27,9tl.00 29,027.00 28,080.00 29,063.00 30,226.00 30,531.00 31,600.00 32,864.00 32,692.00 33,836.00 35,189.00 Section 2. ·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. Section 3. I]a) Effective July 1, 1983, a $350,00 per annum amount as a night differential shall be granted each employee working the 4-12 and/or 12-8 shifts. [b) Effective January 1, 1984, a $450.00 per annum amount as a night differential shall be granted each employee working the 4-12 and/or 12-8 shifts. ARTICLE IX LONGEVITY PAY Section I. Employees shall receive additional compensation based upon length of service as follows: {a) 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 ~ith at least fifteen (15) years but less than eighteen (18) years of service shall receive a salary increase of five (5%) percent. It} Employees with eighteen (18) or more years of service shall receive. a salary increase of six (6%) percent. (d} 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 $idor, John E. Clark and Theodore J. Bokina, shall receive additional compensation based upon successful completion of police science courses qualifying for credit toward. an associate degree in police science in an accredited college or university as foIIo~v s: (b) SUch employees successfully completing thirty (30) credit hours shall receive a salary increase of one (1%) percent of base salary. Such employees who have received an associate degree in pt~lice science shall receive a salary increase of two (2%) pe-cent of base salary. (c) Additional compensation -provided in this section shall commence on the first day of the month_ in which an employee becomes eligible therefor. AR employee requesting compensation as provided in this- ~:tion shaJi [~resent to the Su. pervisor a letter or Certificate executed by an official of tl~e college or university as proof of his eligibility therefor. ARTICLE XI HOSPITALIZATION Section 1. The Town agrees to make available to the employees the group health and Blue Cross health insurance plans provided by the State o~. New York, ~vhichever each employee desires. The Town shall pay. one hundred [~00%} percent of the pFemium applicable to benefits afforded to both the employee and his dependents. In the event of an employee's death, th-e 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 ~ork during his normal time off, such employee shall be compensated therefor at the rate of one and one half (1½) at the normal rate of salary, .or at the option of the employee, shall be given colnpens~tory time off at the same rate. Employees, when required to perform duty as provided in this section, shall receive a minimurn of three (3) hours compensation at their -13- normal rate of salary. Proof of time spent for court appearances shall be certified to by the justice or cJerk of the court and filed by the employee with the Supervisor. Section 2. When an employee is required to be on duty beyond his normal tour, he shall be compensated at one and one half (1½). the.normal rate of pay or compensatory time at the same Pate. Section 3, Overtime worked between January 1st and May 31st shall be paid on June 15th. Overtime worked between June 1st and November'15th shall be paid on December ~st. Any unpaid overtime accrued from November 15th to December 31st shall be paid on January 15th. ARTICLE XIII DEATH OF EtvlPLOYEE 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. The Town shall pay to GHI (General Health Insurance) the sum of $267.96 per employee for a dental plan 'identified as "M-1 Family Plan". In the 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 (a) above) from such employee's salary. ARTICLE XV EMPLOYER-EMPLOYEE RELATIONS AN~D 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 Department and its employees. Section 2. Any grievance arising out of the interpretation of this Agreement shall'be resolved by She 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 said occurrence, submit his grievance in writing to the Chief of Polica. The Chief of Police shall issue a written reply' to said grievance within ten (10) days of its receipt. Step 2. Within ten (10) days of receipt of the written reply of the Chief of Police, the employee may appeal the decision of the Chief of Police to ~he Police Committee,' Town of $outhold. 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 request 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. -15- ARTICLE XVI DISCIPLINE AND BILL OF RIGHTS Section 1. The parties hereto agree that they wi~l comply with the applicable provisions of law with respect to disciplinary matters involving the employees. .Section~ 2, All members covered by this Agreement shall be entitled to the protection of what ~hali be hereafter termed as the "Bill of Rights". Step 1. All 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 Complainant. Step 2. Investigations may be conducted in confidential matters without notice to' the employee. The employee to be notified immediately in writing, 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 a]'l 'stages of disc'iplinary 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 ~Jpon making request therefor to the Chief of Police or othe~ 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. -16- Section 4, No material, derogatory to an employee~ his conduct, character or service shall be placed in his personnel file unless 'he has be~n given an opp(~rtunity to e_xamine the same and affix'his signature thereon, which signature shall indicate that the employee has examined the same and shall net ]3e deemed to indicate that the employee in any way consents or agrees w[t[~ the contents thereot~. The employee may place in such personnel lille a written answer to any derogatory materia-I in said file. Section 5. If an employee is the subject of charges and specifications by an administrative hearing or a court of competent jurisdiction, 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 the matter. ARTICLE XVltl AMENDMENTS Section 1. Any changes or '~mendments 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. ..ARTICLE XX UNIFORM CLEANING & UNIFORM EQUIPMENT ALLOWANCE Section 1. The employer agrees to pay the entire cost of dry cleaning of all ~vearing apparel in connection with the police uniforms of the employees of the Town of Southold 'excel~t washable· items. The Town shall select an appropriate dry cleaning service. The e~ployee shall use the cleaning ser~ce 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 implem~entation by amendment of law or by providing the additional funds therefor, shall not become effective 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 th'e date of such termination. -18- ARTICLE XXIII -TERM OF AGREEMENT Section 1. The term of this Agreement shall be two (2) years,' become effective on January 1, 7983, and terminating on December 31, 1984. IN I~[TNESS WHEREOF, the parties hereto have set their seals this 10thday of May, 198z~, to hands and THE TOWN OF SOUTHOLD f ~pc~s J.~_~curpny, bupervisor SOUTHOLD TOWN POLICE BENEVOLENT ASSOCIATION, INC. J~hn E. Clark, President 'AGREemeNT made this lOth day of Nlay , 1984, by and between the TOW~ OF SOUTHOLD, a municipal corporation of the State of New York (herein referred to ~s the "TOI~"), and the SOUTHOLD TOWN POLICE BENEVOLENT ASSOCTATION, ITC., a membership corporation of the State of }Tew York (hereinafter referred to ~ the "PBA"). WITNESSETH : WHEREAS, the pa~ties have entered into a collective bargaining agreement for the years, 1983 and 1984, and the rights and obligations of the parties a~e being determined by such agreement; and W~EREAS, the pa~ties desire to amend their rights and obligations only as provided by this Agreement, and in no way is any other portion of the Agreement to be affected. NOW, THEREFORE, the parties hereto agree as follows: 1. NotWithstanding any language to the contrary in any w~iting signed or unsigned relating to the utilization of sick days for retirement purposes, Article VI, Section 2 of the Agreement shall be amended to read as follows: "(a) All employees shall be entitled to fifteen (15) sick days in each calenda~ year. Unused sick leave may be accumulated up to a maximu~ of three hundred (300) days. On and after January l, 1983, upon retirement, each employee shall be eutitled to be compensated for the value of seventy-five (?~)~) percent of the first two hundred (200) days of his or her accumulated unused sick leave, o~ any portion thereof. The Town Board shall have the option to pay the s~me to the employee, either in a lump sum payment at the time of the employee's retirement or in regular p~yroll payments immediately prior to such retirement. 2. Article VII, Section i of the Agreement shall be amended to include the following: The TOWN OF EOUTHOLD, effective upon the execution of this Agreement, shall adopt the ~e~ York State Retirement Plan Section and effective as of the date of this Agreement, p~ovide such benefit to any police officer who ~etires, 3- The PBA withdraws~ with prejudice, its grievance with respect to the rate of overtime pay being based on two hundred and thirty-nine (239) days and accepts the TOWN's practice of making such payment based on two hundred and sixt~ (260) days. IN WIT~[ESS WEEREOF, the parties hereto have hereunto set their respective hands and seals the day and'. year first above written. THE TOWN OF SOUTHOLD SOUTHOLD T0~'~ POLICE BENEVOLF2~T ASSOCIATION, INC. · .John :. Clark~,President