Loading...
HomeMy WebLinkAboutPBA Contract1979 - 1980 PBA CONTRACT THIS. AGi~EEM~NT made .this c~/--~-~ day of November, 1979, by and between Lhe TOWN OF SOUTHOLD, a mtmicipal corporation of the State of New York (herein- after referred to as the "Town"), and the SOUTI-IOLD TOWN POLICE BENEVOLENT ASSOCIATION, INC., a membership corporation of the State of New 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 collect- iverly 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 and lieutenants and excluding the Chief of Police and all other employees, said included members of the Police Department herea£ter referred to as "employees"; and WHEREAS, the parties hereto were unable to agree upon the terms and conditions of employment of the employees upon the expiration of the agreement dated April 26, 1977 and expiring on December 31, 1978, and the PBA thereupon petitioned for compulsory interest arbitration of such dispute; and WI-~REAS, the arbitration panel has rendered its Opinion and Award, a copy of which is hereunto armexed, and this agreement is intended to implement said Opinion and Award; NOW, THEREFORE, the parties hereto agree as follows: ARTICLE I R E C OGNIT ION Section 1. The Town does hereby recoguize the PBA as the exclusive .employee organization to represent the employees and extends to the PBA the followin rights: (a) To represent the employees in negotiations and in the settlement of grievances; (b) To membership dues deduction, upon presenlation of dues deduction authorization cards signed by individual employees; and (c) 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 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 m'utual understanding and agreement may be reached with respect to the terms and conditions of employment and the administration of grievances of the employees. --2-- ARTICLE II PROTECTION OF E.MPLOYEES Section 1. All employees appointed from a valid civil service list shall be afforded all the protection of the provisions of Article 5 of ±he Ci vii Service Law and/or Article 1,0 of the Town Law, whichever shall be applicable. Seclion 2. Seniority shall be deterinin~d on the basis of continuous employment in the Sou~hold Town Police Force and/or Department. Notwithstanding the foregoing, however, an employee who has been transferred from another police force within Suffolk Co'unty to the Southold 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 whom an action or proceeding has been commenced involving any matter occurring within the scope of his employment as an officer or employee of lhe Town of Southold. ARTICLE III COMPENSATION - INJIffRED 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 deaih, 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 fo the Town. -3- ARTICLE IV NOTICE OF PROMOTIONS Section 1. Not~ce of all promotional positions in the Town Police Department shall be posbed on available bulletin boards at police headquarters and all employees shall be given an .opportunity to ~-~ake application £or such positions, Section 2. An employee who is scheduled to take a Town Police related departmenlal promotional examination shall be ent~tled to eight (S) consecutive hours of£ duty prior to the scheduled time of such examination. ARTICLE V VACATIONS Section 1. The Town will adopt the vacation schedule as follows: (a) Start through first year - five (5) working days. (b) Second through £i£th year - sixteen (16) working days. (c) 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. A maximum of ten (10) d~ys 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 (S) hours. Such volunteers may be assigned to any normal police duties. -4- Section 4. An employee, if transferred not by choice, from one squad to another, shall kave the right to maintain his previously selected vacation- Section 5. If an employee is on his first week of vacation, and is o%~tside the Town, and is recalled from vacation to active duty, he shall be given credit for an additional five (5) days of 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. Employees with more than one (1) Year of service in the Police Department shall be permitted to divide their vacation time into a maximnm of ten (10) one (1) day segments provided that the Chief of Police, or his designee, receive 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 selection, 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 -5- nake a final selection of the lime when the remainder of their vacation shall be laken, based on seniority. (d) Two (2) sergeants'may take their vacations at the same time, pro- vided that the same is approved by the Chie£ or officer in charge, and further provided that ire same does not result in overtime being paid to otk~r members of the Police Department. (e) One (1) employee for each squad maT be on vacation at the same ~ime. ARTICLE VI LEAVE OF ABSENCE, SICK DAYS AND HOLIDAYS 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 County and the provisions of Section 243 of the Military Law of the State of New fork. Section 2. All employees shall be entitled lo fifteen (15) sick days in each :alendar year. Unused sick leave may be accumulated 'up lo a maximum of three (300) days. Upon retirement, each employee shall be entitled to be compen- sated for the value of twenty-five (25%) percent of his accumulaled unused sick leave ~. e. twenty-five (25%) percent of a maximum of two hundred (200) days). The To~vn shall have theoption 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. Nolwithstanding any other provisions of this agreement, no unused sick leave shall be accumulated for RETIRI~MENT PAYMENT -6- PURPOSES by an employee after he has completed twenty (207 years of service in the employment of the Town. Section 3. Each employee shall be entitled to receive equivalent time off or receive compensation in lieu of such equivalent tir~e off for the following holidays, whether or not such. empIoyee 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 Fe13ruaryj known as Lincoln's Birthday; the 3rd Monday in February, known as Washington's Birthday; the 30th day of Mayj known as 1V~emorial Day; the 4th day of July, known as Independ- ence 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 Elect~on Day; the llth day of November, known as Veteran's Day; the 4th Thursday in November, known as Thanksgiving Day; and the 25th day of December, known as Christmas Dey. 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 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 -7- ,rior 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 chaazge 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 ts-king 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. (a) Employees ~vith less than five (5) full years of continuous service shall be entitled to four (4) days pay as personal leave. Employees who have completed 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 leave five (5) days prior to that day, no reason for the leave day 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 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, -8- 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. Effective January t, 1980, Article VI, Section ~, shall include grandparents 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. The P]3A President shall be entitled to five (5) paid leave days per year in addition to the various leave benefits provided for in this contract forthe purpose of attending PBA meetings, conventions and other like commitments. An additional three (3) days paid leave shall be provided to PBA delegates to attend the various PBA functions. Effective January 1, 1980, a maximum of two (2) members designated in advance by the PBA shall be given only the time off specified herein, when required to attend 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. -9- (b) 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 gramteelthat tour off. (c) When a member is schec[uled to x~rork 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. m.; 4 p.m. to 12 midnight and 12 midnight to 8 a.m..) shall continue. However the existing practice of assigning members an additional paid leave day during the first tour of duty shall be discontinued and they hereafter shall have the right to choose their leave day on a seniority basis (a schedule of leave is attached hereto as Appendix "A"). ARTICLE VII RETIRE1V[ENT 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 Plan) applic- able 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 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. -10- ARTICLE VIII SALARIES Section 1. The ar~ual base salary (exclusive of longevity pay; co]/ege credil pay; and night differential pay) of each employee for the 1979 and 1980 calendar yesF~ s shall be as. follows: ' Position Patrolman Sergeants Lieutenants Section 2. Effective ' Effective Effective Length Jan. 1, 1979 Jan. 1, 1980 July 1, 19.80 of Service Base Salary Base Salary Base Salary First year Second year Third year Fourth year Fifth year TO BE ADVERTISED BY THE TOWI~ BOARD $15,341.00 18,580.00 19,356.00 20,140.00 21,914.00 23,465.00 $16,031.00 19,416.00 20,227.00 21,046.00 22,900.00 24,521.00 $16,608.00 20,115.00 20, 955.00 21,804.00 23,724.00 25,404.00 During the term of this Agreement, an employee assigned lo 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 longevily as provided in Article IX hereof. Sec±ion 3. Effective January 1, 1980, a $200. per annum amount as a night differential shall be granted each employee working the 4-12 and/or 12-8 shifts. -11- ARTICLE IX LONGEVITY PAY Section i. Employees shall receive additional compensation based upon length of service as follows: (a) Employees with al least ten (10) years but less lhan fifteen (15) years of service shall receive a salary increase o£ £our (4%) percent. (b) Employees with at least fifleen (15) years but less than eighteen (18) years of service shall receive a salary increase of five (~%) percent. (c) 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 £irst day of the month in which an employee becomes eligible therefor. ARTICLE X. COLLEGE CREDIT Seciion 1. The £ollowing 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 university as follows: (a) S'uch employees successfully compleling thirty (30) credit hours shall receive a salary increase of one (1%) percent or base salary. -12- (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 certificate executed by an official of the college or university as proof of his elig}bility therefor. ARTICLE MI HOSPITALIZATION Section 1. The Town agrees to make available to the employees the group health and Blue Cross health insurance plans prox~ided by the State of New York, whic ever~ 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 pay the present hospitalization for the period of one year after the death on behalf of the deceased's family. ARTICLE XII COI\~PENSATION FOR COURT ATTENDANCE AND OVERTIME WORBi 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 -13- )e given compensatory time off at the same rate. 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 lime 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 reqni~;ed to be on duty beyond his normal tour, he shall be compensated at one and one-half (1-1/2) lhe normal rate of pay or compen- satory time at the same rate. Section 3. Overtime worked between January 1st and I~Iay 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 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 LIFE INSURANCE AND DENTAL PLAN Section 1. PBA has represented to the To~vn that it presently had in effect a group life insurance policy issued to it and covering the employees, and that such -14- insurance policy meets the requirements of Section 204. l(g) of the Insurance Law~ Based upon such representation,, the Town agrees to pay to the PBA in the 1979 calendar year only the sum of one tkousand five hundred ($i, 500.00} dollars, said sum is to be used by the PBA to pay the premiums on said group life insurance policy insuring the employees. Wii.hin sixty (60) days from the date hereof, the PBA agree.s to submit to the S~per. visor a statement from t}~e insurer named in sai~i policy or the State Comptroller attesting to the fact that such insurance policy complies with the provisions of Section 204 of the Insurance Law and that the Town may lawfully contribute to the payment of the premium thereon. Section 2. Effective January 1, 1980, the Tox~rn shall pay to GHI (General Health Insurance) the sum of $261.96 per eznployee 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. ARTICLE XV EIVIPLOYER - EI~PLOYEE RELATIONS Section 1. The Town agrees to establish a committee to meet when necessary with a similar committee to be established by the Pt~A for the purpose of dealing with employee grievances and working conditions and such other matters as effect the Police Department and its employees. -15- ARTICLE XVI DISCIPLINE Section 1. The parties hereto agree that they will comply with the applicable provisions of law with respect to disciplinary'matters involving the employees. 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 persormel file shall be maintained which shall contain all material wi~h respect to such employee. Seclion 4. No material derogatory ~o 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 the 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 administratrive hearing or a court of competent jurisdiction, the only documents ~o be placed in the employee's personnel file shall be the cha~ges and the specificalion and the final adjudication thereof. Upon the consent of the employee, the PBA, upon re- quest, should be advised of the status, progress and outcome of the matter. -16- ARTICLE XVIII A MENDI¥IENTS 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 lrnpose any obligation to conduct, assist or participate in such a strike. ARTICLE _Tx_~i UNIFORI¥I CLEANING AND UNIFORM EQUIPI~%ENT ALLOWANCE Section 1. The employer agrees to pay the entire cost of dry cleaning of all wearing apparel in connection with the police uniforms of 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 employer. Section 2. Effective January 1, 1980, in addition to the present cleaning and maintenance program, $240. shall be available each year to each employee as a uniform and equipmenI allowance on a voucher system. Any amount needed over the $240. shall be at the employee's expense. Unused allowances shall revert to the Town at the end of each year. -17- ARTICLE ~I 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 n~t become effective until~the appropriate legislative body has given approval. ARTICLE if_XII 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 pro-rated up to the date of such termination. ARTICLE XXIII TERM OF AGREEI~ENT Section t. The term of this Agreement shall be two (2) years, to become effective on January 1, 1979, and terminating on December 31, 1980. IN WITNESS \VI-i~REOF, the parties hereto have set their hands and seals this day of November, 1979. THE/TO~VN OF SOUTHO/~ZD James F. Hdman, Supervisor ,SOU~fFHOLD TOWN POLICE BENEVOLENT A~30CIA TION, II~C. / I-Ienry~te;hos~i, P esiden -- -18- NEW YOP~K STATE PUBLIC EMPLOYMENT RELATIONS BOARD In the Matter of the Arbitration ·Between TOWN OF SOUTHOLD ~and- SOUTHOLD TOWN POLICE BENEVOLENT ASSOCIATION, INC. Case No'. IA-90; M78-420 .................................... X OPINION AND AWARD APPEARANCES: For the Town - Charles E. Graves, Consultant For the Union - Hart_man & Lerner, Attorneys By: Reynold A. Mauro, Esq. · Pursuant to Section 209.4(iii) of the Civil Service Law governing compulsory interest arbitration of disputes involving police officers, hearings were held in the above matter by the undersigned Panel of Arbitrators. The Arbitrators have taken into consideration the statu- tory criteria governing its decision. There is no question of the Town's ability to meet reasonable costs of a new Agreement with its police, and the Board's determination is not inconsist- ent with any of the other specified standards which the Law imposes. Particularly in these times, special attention must be paid to salaries. .The strong inflationary movement, withno end in sight, suggests that other issues should often give way in order to permit more to go into direct income for the employees. The wide range~of Employer proposals to diminish vari0~s benefits do not now appear meritorious. More than two dozen proposals were submitted by the parties. Those discussed herein seemed to be among the issues of greatest import to the parties, whether they resulted in changed conditions or were denied. Salaries According to the Union, wage increases of 5.3% every eight months are appropriate. The Town proposes no change.% · The Union's proposal would provide an aggregate increase during the contract period of 15.9%. It would also place the largest burden on the Town during the first year, since 10.6% would become effective by September 1, 1979. Riverhead, a nearby town with which Southold has had a historical salary relationship at least generally in recent years, negotiated both a lower aggregate figure and a more moderate spread, wi~h a 3.5% increase every six months begin- ning January 1, 1979. Its total was 14%. Only with the start of the second year, January 1, 1980, would the first three in- creases of 3.5% produce an effective raise of 10.5%. -2- Since 1974 Riverhead salaries have been below Southold's. Prior to t_b~t the opposite was true. The.salary history of Patrolman at Step 5 traces the development: Year 1971 '1972 1973 1974 1976 1977 Riverhead $11,000 11,385 12,135 13,000 14,481 i6,566 17,808 1978 As the table 18,760 indicates, years, Southold $10,500 11,I00 11,900 13,500 14,927 16,569 Jan. 17,400 July 18,000 19,000 there has been a switch over the from Southold being a few hundred dollars behind River- heas'to its moving a few hundred ahead. .Riverhead's 1979-1980 salary increases produced the following result: January, 1979 - $19,371; July, 1979 - $20,049; Januaryl 1980 - $20,751, and July, 1980 - $21,477. A salary adjustment for Southold could not logically break sharply from this relationship either way to any substantial degree. There has been no persuasive showing either that Southold should stand still, as the Town suggests, or that the kind of increase pattern sought by the Union should be granted. -3- Rather~ a series of increases, which takes-into account the degree of cost over the Agreement's life, as well as. its ulti- mate impact, plus a retention of the approximate relationship, is justifiable. The following changes meet Such a standard:' January 1, 1979 6.0% increase Januar~ 1, 1980 4.5%-additional July-l, 1980 3.6% additional The total increase over the two years is 14.1% compared with Riverhead's 14%. As of January, 1980, both jurisdictions will have increased their salaries by 10.5% For a Patrolman at Step 5, the following would be the effects of the changes in the two'towns: Year Riverhead Southold January, 1979 $19,371 $201140 July, 1979 20,049 20,140 January, 1980 20,751 21,046 July, 1980. 21,477 21,804 The ultimate result is the maintenance of the approximate relationship which has existed over recent years. -4- New Duty Chart The greater significance of salary increases is a strong reason why the Union's proposal for a new duty chart Should be denied. For it is a significant cost item, justifiable only if it is offset b~ a corresponding saving in direct salary costs. · Despite the Union's con~ention that.there is no real additional expense, it is a costly program, reasonably requiring the hiring of additional personnel or other payroll costs. Employees would have substantially fewer workdays, reducing the present requirement by 24, from 256 to 232. Es- sentially the changed structure relies on utilizing personnel, who were chiefly used to fill vacancies in the absence of tour- assigned personnel~ Two are patrolmen and another a Sergeant. · In others words, the entire available complement would be assigned regular tours. There would be no extras able to step in for absentees due to illness, vacation, personal leaves, and the like. From where, then, would come needed replacements? According to the Union, not all vacancies are filled an~.~ay, the deparhaent frequently'operating with substantially reduced squads as it is. But this presupposes that if the Town were willing to be one man short on a squad, it should be as willing to be two men short on occasions. Using that logic a squad could be reduced more and more. -5- Yet the question is how the Town appraises the Depart- ment's mission. If it could often function with two less. men by not replacing certain absentees', it could just as well have been saving two salaries by reducing the force that much. On the other hand, if it is assumed that the Town w~ants to operate with a cer%ain number of officers on tour and a certain number available as replacements, it is obviously a direct cost to convert a replacement to regular tours so that everyone'~ total duty days are reduced. In order to overcome this objection, the Union proposes that employees, who must thus be called in on overtime to fill in for absentees, be paid at straight time, not at time and one- half. This suggested, special dispensation would be ~heaper than otherwise, although the straight-time salary would be an added cost. The Town sees a possible difficulty in fulfilling its manpower requirements under such conditions, despite Union guarantees. And it also is concerned that there would be dis- affection among employees now receiving premium pay for such duty, if they were reduced to straight time for extra-shift work. Even if ~hat were not so at the outset, in order to win the new chart with its additional days off, the Town anticipates a reversion and a subsequent demand for time and one-half on such assignments, of which there could be many. For these'reasons the proposal~ so ingeniously developed, must be denied at this time. -6- Night Differential While many parts of the Stahe do not'specify a separate night differential, i't is not uncommon in Nassau County'com- munities and apparently has moved into Suffolk to some extent. Riverhead will pay a $200 differential, effective January 1, .1980, and that amount is awarded herein. Uniform Equipment Allowance Presently the Agreement provides that the Town pay the cost of dry-cleaning police wearing apparel. General practice exists in Suffolk for a uniform and equipment allowance, the amounts ranging from $200 to higher figures in some communities and $400 in Suffolk County itself. An allowance of $240 per annum on the voucher system is reasonable, especially with the proviso that unused allowances revert to the Town. ~olidays The present 11 holidays are fairly representative of holiday practice, although a larger number is not unusual. ~owever,'non-veterans in Southold enjoy only nine holidays, veterans receiving the 11. The distinction does not appear warranted under the circumstances'and the full benefit is there- fore made applicable to ali. employees. -7- Time Off for PBA Representatives The Town lags behind in granting time off to PBA repre- sentatives in negotiations. The benefit will not be effective until next-year's negotiations, and it should be granted, albeit for fewer representatives than are given time off by a larger force like Riverhead. Two representatives are a. reasonable number to be granted the benefit under the present Agreement. Insurance The Town presently provides life insurance to the em- ployees. The Union urges that a dental plan be instituted and considers it a more significant benefit than life insurance. Although the cost of dental runs higher, such a plan is granted. This is a benefit being made available in 1980 to other Southold employees. college Credits .. At present the A~reemant contains Article X, which grants salary increases a detailed provision, to those attaining certain levels of college credit. The Town seeks to eliminate the provision in its entirety. The Union points to specific employees who have undertaken programs of study and would suffer a loss if they were deprived of the benefit. Accordingly, while Article X is deleted, certain named employees, and only they, shall be "grandfathered in" under its provisions, as if Article X had continued in effect. -8- Payment for Unused Sick Leave on Retirement Under Article VI, employees may accumulate' up to 300 days of unused sick leave. When they retire they receive payment for. 25% of their accumulation, to a maximum of 200 days. The Union's demand is for payment of 100% of the number of days accumulated, if the employe~ retires either upon com- pletion of 20 years, up to 23 years,, or for ~he period within three years after this Award. The approach suggested is to make the proposal more attractive to the Town by encouraging prompt retirement. That, it was said, would result in a cost-saving by replacing top-paid officers with those at the starting level. Riverhead's maximum is 70 days, compared.with the Town's 50 aG present. Other jurisdictions use varying approaches. Because one jurisdiction may be ahead of another in a particular benefit does not necessarily signify that each such instance requires parity. The economic package awarded herein treats the employees favorably compared with Riverhead, and there is no compelling reason at this time to alter Article VI as requested. Death Leave The Union proposes to change Article VI, Section 7, to broaden the "immediate family" in which a family death now per- mits an employee to have paid time off. It asks that foster parents be included With parents, and also that grandparents be -9- covered by the four-day-leave provision, rather than the present one day. Thus leave in case of death of'grandparents and foster parents would be the same as for the closest relatives. Under the conditions specified in the Award, the two may be considered the same with respect to the number of days off. But limitations are stated for logical. ~easons, based upon whether or not an actually close and meaningful family relation- ship had been in existence. Therefore the undersigned, having been duly designated, herewith makes.the following Any item not specifically awarded.here- inafter has been denied. Except as modified by this Award, the terms of the expired Agreement shall continue in force. 2. The new Agreement shall be effective from January 1, 1979, up to and including December 31, 1980. 3. Salaries shall be increased effective as of the dates specified: January 1, 1979 6.0% January 1, 1980 4.5% July 1, 1980 3.6% Effective January 1, 1980, a $200 per annum amount as a night differential shall be granted each employee working the 4-12 and/or the 12-8 shifts. -10- Effective January 1, 1980, in addition to the present cleaning and maintenance program, $240 shall be available each year to each. employee as a uniform and equipment allowance on a voucher System. Any~amount needed over the $2A0 shall be at the employee's expense. Unused al- lowances, shall revert to the Town at the end of.each year. Ail employees, including non-veterans, shall receive %he 11 holidays. Effective J~nuary 1, 1980, ~ following shall be added to Article VI, Section 8: A maximum of two (2)'members designated in advance by the PBA shall be given only the time off specified herein, when re- quired to attend a formal negotiating session with the Town!or its representa- tives, including formal sessions conducted ~nder the law. (a) When a member is scheduled to work 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 meet~£-ng~is scheduled during that time, h~ shall be granted t~t tour off. (c) When a member is scheduled to work a 4 p.m. to midnight tour and the meeting is scheduled during that time, he shall be granted that tour off. In place of the insurance provision which has been in Article XIV of the Agreement, the following shall be inserted, effective January 1, 1980: The Town shall pay to GHI (General Health Insurance) the sum of $261.96 per employee for a dental plan identified as "M-1 Family Plan." In the. event of an employee's death~ the Town,.will pay the present hospi- talization and the new dental plan for a period of one year after the death on behalf of the deceased's family. 10. A~ticle X of the Agreement, College Credit~ is deleted, except that the following employees shall continue to r~c~i~e the ~enefits 6f it~ provisions: Bannon, Charters, Cochrane, Truskowski, Si~,-~lark,~and Bokine. Effective January t, 1980, Article VI,. Section 7, shall include grandparents 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 tha~ ~here h~s been a sufficientl~ close relation- ship that he wo~ld normally he expected to need such an amount of time away from work, including time for travel to the funeral. Mil~ton Friedman, Chairman Dated: October 30, 1979'. STATE OF NEW YORK ) COUNTY OF NEW YORK) SS - On this 30th day of October, 1979, before me personally came and appeared MILTON FRIED~.~N, to me known and known to me to be the individual described herein and who executed the foregoing·instrument and he duly acknowledged to me tha~ he executed the same. ~' ¢--r-~- (fr~ z' -12- Dated: October / ~ 1979 STATE OF NEW YOP~K) ) SS.: COUNT~ OF SD-FFOLE) On this /~Z~day of October, 1979, before me personally came a~d appeared PIERRE G. LUNDBERG,' to me known and known to me to be the individual described herein and who executed the foregoing instrument and he duly acknowledged to me that he executed the same. LINDA SCHWAR]~Z Notery Pt~bllc. Stata of New york ' No. 015C4553110. Su~,0tk County Term Expires March .RD. 19.,~..'./~. Gen~ i.Roemer PBA .Member Dated: October 1979' STATE OF NEW YORK) .) COUNTY OF SUFFOLK) SS.: On this day of October, 1979, before me personally came and appeared GENE ROEMER, to me known and kno[~n to me to be the individual described herein and who executed the fore- going instrument and he duly acknowledged to me that he executed the same. /2 Y "/' ./ JOHN P. IRUNLU -- NOTARY PUBLIC, SJiI~ oJ No. 52.g38~SB5 ~u~lHiod in Sul[o!k ~ommisslon Expires Ma~ch 30. lg~