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.
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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.
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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.
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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
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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
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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
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,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,
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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.
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(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.
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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.
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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.
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(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
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)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
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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.
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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.
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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.
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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 --
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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%.
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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.
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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.
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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~