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HomeMy WebLinkAboutPBA Contract 1981 - 1982 PBA CONTRACT THIS AGREEMENT made this 27 day of November ,. 1981, by and between the TOWN OF SOUTHOLD, a municipal corporation of the State of New York (hereinafter referred to as the "Town"), and the SOUTHOLD TOWN POLICE BENEVOLENT ASSOCLiTION, INC., a membership corporation of the State of New York (hereinafter referred to as the "PBA"). WITNESSE~TH: ~iiEREAS, Article 14 of the Civil Service Law provides that public employees shall have the right to be represented by employee organizations to negotiate collec- tively 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 following rights: (a) To represent the employees in negotiations and in the settlement of grievances; (b) To memberskip dues deduction, upon presentation of.dues deduction authorization c~_rds signed by individual employees; and (c) To unchallenged representation status until seven (7) months prior to /he expiration date of this Agreement. Section 2. S~ven (7) months prior to the expiration date of this Agreement, the Town shall determine the employee choice of the employee organization to there- after 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, exchange 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 condilions of employment and the administration of grievances of the employees. ARTICLE II PROTECTION OF EI¥IPLOYEES 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 and/or Article 10 of the Town Law, whichever shall be applicable. Section 2. Seniority shall be determined on the basis of continuous employ- ment in the Southold Town Police Force and/or Department. Not%v~thsianding the -2- foregoing, however, an employee who has been transferred from another police force within Suffolk County to the Southold' Town Police Force shall receive credit £or .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 whom an action or proceeding has been commenced involving any matter occurring within the scope of his employment, as an 'officer or employee o£ the Town of Southold. ARTICLE III" COMPENSATION - IN/URED EMPLOYEES Section 1. Employees who sustain physical injuries in the course of their em- ployment 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 Tox~n. ARTICLE IV NOTICE OF PROIVIOTIONS 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. Section 2. An employee who is scheduled to take a Town Police related depart- mental prornoiional examination shall be entitled to eight (8) consecutive hours off duty prior to the scheduled time of such examination. -3- Section 1. ARTICLE V VACATIONS The Town will adopt the vacation schedule as follows: (a) Start through first year - five (5) working days. (b) Second through fifth year - sixteen (16) working days. (c) Sixlh through tenth year - nineteen (19) working days. (d) Eleventh through fifieenl~h year - twenty-two (22) working days. (e) 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 of [racation time. Such employee shall also be paid for his y Lravel 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. -4- 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 (l) 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: (a) First Selection - On the basis of seniority, all employees shall select the time of their vacations. (b) Second Selection - After all employees have made a first selec-- tion, as provided in paragraph (a) above, those employees who have elected to divide their vacation time shall make a second selection based on seniority. (c) 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 the 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 each squad may be on vacation at the same time. ARTICLE VI LEAVE OF ABSENCE, SICK DAYS AND HOLIDAY'S Section 1. 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 243 of the I%¢ilitary Law of the State of --5-- New York. Section 2. each calendar year. hundred (300) days. (a) All employees shall be entitled to fifteen (15) sick days in Unused sick leave may be accumulated up to a maximum of three On and after January 1, 1982, upon retirement, each employee shaI1 be entitled to be compensated for the value of filly (50%) percent of his accumu- lated unused sick leave (i. e. fifty (50%) percent of a maxhr, um of two hundred (200) days). The Town Board shall have tke option to pay the same to the employeej 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) Effective January 1, 1982, the Chief of Police, in the exer- cise 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 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 nor such employee was required to reporl for duty on such days, to wit: the 1st day of January, known as New Year's Day; the 12th day of February, knmvn as Lincoln' s Birthday; the 3rd Monday in February known as ~Tashington's Birthday; the 30th day of May, known as Memorial Day; the 4th day of July, known as Independ- ence DAY;: the 1st l¥Ionday in September, known as Labor Day; the 2nd IVIonday in October, known as Columbus Day; the 1st Tuesday after the 1st IVIonday in November, known as Election Day; the ltth day of November, kno~m as Veteran's Day; the 4th Thursday in November, known as Thanksgiving Day; the 25th Day of December, known as Christmas Day. Effective on January 1, 1982, Easter Sunday shall be included as an additional holiday. -6- Section 4. For the purpose of implementing the provisions of Section 3 of this article, on January 1st of each year, each employee will be credited ~vith the total .number of holidays to ~vhich 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 Lndicatin~ the total number of holidays that each employee is entitled to for such year, the total number of holidays charged s~ainst each employe'e 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 en%ployee 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 seciion and prior to a holiday for which he has been compensated, shall have deducted from !~is final payroll check an amount equivalent to the compensation received for said holiday. Section 5. Employees shall be entitled to be absent from duty wvithout 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. 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 ~o an additional two (2~" days personal leave as provided in this paragraph. (8,) Employees %vith less than five (5) full years of continuous service shall be entitled to four (~) days pay as personal leave. Employees who have com- pleted five (5) or more years of continuous service shall be entitled to six (6) days pay as personal leave. (b) If an employee submits his request for a personal day at least five (5) days prier to that day, no reason for the leave shall be required. -7- (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 avai/able 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 schSduled 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 (I) 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. EffecCive January 1, 1980, Article VI, Section 7, shall include grandparer~s and foster parents 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. Section 8. Effective January 1, 1982, the PBA President shall be entitled to nine (9) paid leave days per year in addition to /he various leave benefits provided for in this contract for the purpose of attending PBA meetings, conventions and other like commitments. The Suffolk County Police Conference Director shall be entitled to three (3) paid leave days per year to attend the various Conference functions. Effective January 1, 1980, a ma_wimum of two (2) members designated in -8- advance by the PBA shall be given only the time off specified herein, when required to ai~end a formal negotiating session with the Town or its representatives, including 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. (b) ~Vhen a member is scheduled to work 8 a. rn. to 4 p.m. snd the meeting is scheduled during that time, he sh~ll be granted that tour off. (e) ~Vhen 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 a.m. to 4 p. rn.; 4 p.m. to 12 midnight and 12 midnight to 8 a.m.) shall continue. 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). Police Officers shall be permitted to switch tours of duty pro- Section 10. vided that: (a) The same is approved in %vriting 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 police operations. ARTICLE VII RETIREMENT BENEFITS Section 1. The Town agrees to make the provisions of Section 384-d of the -9- t~etirement and Social Security Law (optional Twenty-Year Rethrement Plan) applicable to the employees, and to take the appropriate action to assume the additional cost thereof. Section 2. The Town agrees to make the provisions of Section 384, sub- divisions (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 Tow~n agrees to make the provision of Chapter 950 of the ~aws of 1970 (twelve [12] months final average salary) applicable to the employees, and to take the appropriate action to assume the additional cost thereof. Length Position of Service Patrolman First year Second year Third year Fourth year Fifth year ARTICLE VIII SALARIES Sergeant Lieutenant Effective Jan. 1. 198I Base Salary Effective Jan. 1, 1982 Base Salary TO BE ADVERTSIED BY TOWN BOARD $17,886.00 21,663.00 22,568.00 23,500.00 25,550.00 27,360.00 $19,789.00 23,968.00 24,969.00 26,000.00 28,269.00 30,270.00 -10- Section 2. During the term of this Agreement, an employee assigned to deiective cluty, 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. S~ction 3. (a) Effective January 1, 1981, a $225.00 per annum ~r~ount as a 'night differential shall be granted each employee working the 4-12 and/or 12-8 shifis. (b) Effecti%'e January 1, 1982, a $250.00 per annum amount as a night differential shall be granted each employee.working the i-12 and/or 12-8 shifts. ARTICLE IX LONGEVITY PAY Section 1. 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. (b) Employees with at least fifteen (15) years but less than eighteen (18) years of service shall receive a salary increase of five (5%) per cent. (c) Employees %vith eighteen (18) ~,~r more years of service shall receive a salary increase of six (6%) per cent. (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. -11- 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, 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 u~iversity 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 first day of the 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 certificale executed by an official of the college or university as proof of his eligibility therefor. ARTICLE 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 of New York, whichever each employee desires. On and after January 1, 1974, 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 -12- 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 (1-1/2) at the normal rate of salary, or at the option of the employee, shall be given compensatory time off at the same tale. Employees, when required to per- form 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 appear- ances 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 beyond his normal tour, he shall be compensated at one and one-half (1-1/2) the normal rate of pay or compensatory time at the same rate. 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 1st. Any unpaid overtime accrued from November 15th to December 31st shall be paid on January 15th. ARTICLE _XIII DEATtI OF EIV~PLOYEE Section 1. The Town agrees to continue to provide the death benefits'providec -13- by Section 208-b of the General Municipal Law. Section 2. The Tovfn agreep 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) Effective January 1, 1980, the Town shall pay to GITI (General Health Insura_uce) the sum of $261.96 per employee for a dental plan iden- tified as "M-i Family Plan". In the event of an employee's death, the Tov~n will pay for the new dental plan for a period of one year after the death on behalf of the deceased's family. (b) Effective January 1, 1981, 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 $281.96 paid by the Town as provided in (a) above) from such employees salary. ARTICLE XV EMPLOYER - EIVI?LOYEE RELATIONS AND GRIEVANCE PROCEDURE Seclion 1. The Town agrees to establish a commitlee to meet when necessary xvith a similar committee to be established by the PBA for the purpose of dealing with -14- employee grievances and working conditions and such other matters as effect the Polie Department and its employees. Section 2. Any grievance arising out of the interpretation of this Agreement shall be resolved by the following procedure: Steep 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 skid occurrence, submit his grievance in wrtting to the Chief of Police. The Chief of Police shall issue a written reply to said grievance within ten (10) days of its receipt. Step 2. ~Vithin 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 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 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 con- stitute the final step. ARTICLE XVI DISCIPLINE AND BILL OF RIGHTS Sectlon 1. The parties hereto agree that they will comply with the applicable -15- , provisions of law with respect to disciplinary matters involving the employees. Section 2. Ail members covered by ibis Agreement shall be eniiited to the protection of what shall be ~hereafter termed as the "Bill of Rights". Steep 1. All charges or actions taken against an employee covered by this agreement which may lead to disciplinary measures must be made in w~iting and signed by the Complainant. Step 2. Investigations may be conducted in confidential matters wilhoat notice to the employee. The employee to be notified immediately in writing, at thai 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 _XArII PERSONNEL RECORDS Section 1. Any employee shall be entitled to examine his official personnel file upon making request therefor fo 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 -16- 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 shall not be deemed to indicate that the employee in any way consents or agrees with tke contents thereof. The .employee may place in such personnel file a written answer to any derogatory material 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 PEA, upon request, should be advised of the status, progress and outcome of the matter. ARTICLE X ~I'iI AMENDMENTS Section 1. Any changes or amendmsnts to this Agreement shall not become effective unless the same are in writing signed by the parties hereto. ARTICLE ~ NO STRIKE PLEDGE Section 1. The PEA 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 -17- impose any obligation to conduct, assist or participate in such a strike. ARTICLE XX UNIFORM CLEANING AND UNIFORM EQUIPMENT ALLO~VANCE Section 1. The employer agrees to pay the entire cost of dry cleaning of aL1 wearing apparel in connection.with the police uniforms o£ the employees of the Town Of Southold except washable items. The Town shall select an appropriate'dry cleaning service. The employee shall use the cleaning service selected by the ~mployer. Section 2. Effective January 1, 1980, in addition to the present cleaning and maintenance program, $240.00 shall be available each year to each employee as a uniform and equipment allowance on a voucher system. Any amount needed over the $240.00 shall be the employee's expense. Unused allowances shall revert to the Town at the end of each year. Effective January 1, 1982, said annual uniform and equipment allowance shall be increased to $250.00. ARTICLE 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 effective until the appropriate legislative body has given approval. ARTICLE APPORTIONMENT OF BENEFITS Section 1. In the event that the employment of an employee is terminated by -18- reason of retirement, resignation or other cause, aL1 benefits provided herein shall be pro-rated up to the date of such termination. ARTICLE XifIII TERM OF AGREEMENT Section 1. The term of this Agreement shall be t~ro (2) yea~s, to become effective on January 1, 1981, and terminating 'on December 31, 1982. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this '~ ~ ,p~/Ygday of November, 1981. THE TOWN OF SOUTHOLD William R. Pell III, Supervisor SOUTHOLD TOWN POLICE BENEVOLENT ASSOCIATION, INC. / I-Ienr~ St~.pno~ki, President -19-