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HomeMy WebLinkAboutPBA Contract'1977 & 1978 pBA~(~ONTRACT " ~ I'"- by and between the T0~ OF SOU~O~, a minieipal corporation of the State of New York (hereinafter referred to as ~e To~ ), and the SO~EO~ TO~ POLICE BE~UO~NT ASSOC~TION, ~C., a · membership couporation of the State of New York (hereafter referred to as the "PBA"). WITNESS ETH : W~LEREAS, Article 14 of ~he Civil Service Law providesA~ that public employees shall have' the right to be represen~edby .3'..~ employee organizations to negotiate collectively with their public employer in the determination of their terms and conditions of employment, and to enter into written agreements with respect Ii thereto, and WHEREAS, the PBA has been certified as the employee organization, as a result of an election, to represent al'l uniformed members3of the Police Department of the Town of Southold including all patrolmen, sergeants and lieutenants and excluding tke 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 as and extends to RECOGNITION Section 1. The Town does hereby recognize the PBA the exclusive employee organization to represent the employees the PBA the following rights: (a) To represent the employees in negotiations and in the settlement of grievances; (h) To membership dues deduction, upon presentation of dues dednction authorization cards signed by individual employees; and (c) To unchallen§ed 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 Tow~ shall determine the employee choice of the employee organi- zation to thereafter repressu~ them on the basis of dues deduction authorizatiol 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 neEotiatio~ 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 conditions of employment and the administration of grievances of the employees. ARTICLE II PROTECTION OF EMPLOYEES Section 1. All employees appointed from a valid civil service list shall be afforded all the protection of the provisions of Article 5 of the Civi2 Service Law and/or Article 10 of the Town Law, whichever shall be applicable. Section 2. Seniority shall be determined oa the basis of continuous employment in the Southold Town Police Force and/or Department. Notwithstandin the foregoing, however) an employee who has been transferred from another polic force within Suffolk County to the Southold Town Police Force shall receive - 2 - credit for purposes of seniority for continuous time served in such other police force in Suffolk Coumty. Section 3. The Town shall provide legal services to an employee against whom an action or proceeding has been commenced involving any matter occurring within the scope of his employment as an officer or employee of the Town of Southold. ARTICLE III COMPENSATION - INJURED EMPLOYEES Section 1. Employees who sustain physical injuries in the course of their employment with the Town shall continue to receive full salary during the period of incapacity or umtil eligible for a disability pension, or death, whichever shall first occur, Any sums received by such employee under the iprovisions of the Workmen's Compensation Law for lost earulugs as a result of such injury shall be paid by such employee to the Town, ARTICLE IV NOTICE OF PROMOTIONS Section 1. Notice of all promotional positions in the Town Police Department shall be posted on available bulletin boards at police headquarters and.alt employees shall be given an opportunity to make application for such positions. Section~. An employee who is scheduled to take a Town Police related departmental promotional examination shall be entitled to eight (8) consecutive hours off duty prior to the scheduled time of such examination, -3- ARTICLE V VACATIONS Section 1. The Town vrill 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) 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) days of unused vacation time may he 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 aa employee is on his first week of vacation, and is outside the Tom-m, and is recalled from vacation to active duty, he shall be give~ credit for an additional five (5) days of vacation time. Such employee shall also be p~_td 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 hospitaliz . Sickness to be verified by physicians certificate Time of sickness or injury shall nsbe charged to vacation time of employee, but shall ~e charged to sick leave. Section 7. Employeas with more than one (1). year of · service in· the Police Department shall be permitted to divide their vacation time into a maximum of ten (10) one (1) dmy segements provided that the Chief of Police, or his designee, receive sufficient notification to arrange for resched~ling Of ' tours of duty. Vacation time other than one (1) day segeme~s 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 (&) 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 for each squad may be on vacation at the same time. ARTICLE UI ~ LEAVE OF ABSENCEt SICK ~AYS AATDHOLIDAYS 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 MilitarY' Law of the State of New York. Section 2. All employees shall Se entitled to fifteen (15~3. sick days in each calendar year. Unused sick leave.may be . ~ accumulted up to a maximum of three hundred (300) days. Up~:~". :;.3 retirement each employee shall'be entitled to be comper~ated for the value of twenty-five (25%)' percent of his accumulated unused sick leave (I.E. twenty-five (25%) percent of a' maximum of two hundred (200) days). '.The Town Board shall have %he option to pay the same to the employee, either in a lump sum payment at the time of the employee,s retirement or in regular payroll payments immediately prior to such retirement. Notwith- standing any other provisions of this agreem~n%, no unused sick leave shall be accumulated for RETIREMENT PAYMENT PURPOSES by an employee after he has completed twenty (20) 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 time off for the following holidays, whether or not such employee was required to report for duty on such days, to wit: the 1st day of January, known as New Year's Day; the 12th day of February, known as Lincoln's Birthday; the 3rd Monday in February, known as Washington's Birthday; the 4th of July, known as Independence Day; the 1st Monday in September, known as Labor Day; the 2nd Monday in October, known as Columbus Day; the 1st Tuesday after the 1st Monday in November, known as Election Day; the 4th Thursday in November, known as Thanksgiving Day; and the 25th day of December, known as Christmas Day. In addition to the foregoing holidays, each employee who is a veteran shall be entitled t~ receive equ£valent time off or receive compensatio~ in lieu of such equivalent time off for the following holidays, whether or mot such employee was required to report for duty on such days, to wit: the last Monday tummy, kno~ as Memorial Day and the llth day of November, known as' Veteran's Day. Section 4. For the purpos~ of implementing the provision 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. Om or before December 15th of such year, the Supervisor shall pay to each employee a sum equal to the number of holidays remaining due to each employee.. An employee who separates from service after he has received the benefits of this section and prior to a holiday for which he has been compensated, shall have deducted from his final payroll check an amount equivalent to the compensation received for said holiday. Section 5. Employees shall be entitled to be absent from duty without pay at such time and for such duration as the Chief of Police or office~ 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 - 7 - personal matters provided that the time of taking such leave shall be approved by the officer tn charge. Employees who have completed f~ve (5} years of aervic~ shall be entitled to an additional two (2) day~ personal leave as pro- vided in this paragraph. (a) Employees with 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 en- titled to six (6) days pay as personal leave. (b) If an employee submits his request for a personal day at least five (5) days prior to that day, no reason for the leave 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 ths Department. Section 7. An employee, on application to his Commanding Officer, shall be granted four (4) continuous days including scheduled days off with full pay in case of death in his "immediate family", which shall be defined as wife, child, father, stepfather, mother, stepmother, brother, sister, parent- in-law, son-in-law and daughter-in-law. An employee shall be granted one (1) working day off to attend the funeral of his grandparent, brother-in-law, sister-in-law~ foster parent, foster child, nieces, nephews, uncles, aunts, half-brother and half-sister. Section 8. The PBA President shall be entitled to five (5) paid leave days per year in addition to the various leave benefits provided for in this contract for the purpose of attending PBA meetings, conventions and other -8 - like commitments. An additional three (3) days paid leave shall be provided to PBA dele§area to attend the various PBA functions. 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 addiL tional paid leave day dnrimg the first tour of duty shall be discontinued amd 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 RETIREMENT BENEFITS Section 1. The Town agrees to make the provisions of Section 384-d of the Retirement and Social Security Law (optional Twenty-Year Retire- ment 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, subdivisions (f) and (g) of the Retirement and Social Security Law (1/60th increased pensioa) 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] mouths final average salary) applicable to the employees, and to take the appropriate action to assume the additional cost thereof. Section 1. ARTICLE VIII SALARIES The annual base salary (exclusive of longevity pay) of 9 each employee for the 1977 and 1978 calendar years shall be as follows: Elf. Jan. 1 Eff. July I Elf. Jan. Length Position of Service Patrolman First year Second year Third year Fourth year Fifth year Sergeants Lieutenants 1977 1977 1978 Base Salary Base Salary Base Salary TO BE ADVERTISED BY THE TOWN BOARD $13,260.00 $13,718.00 $14,473.00 16,060.00 16,6t4.00 17,528~00 16,731.00' 17,308.00 18,260.00 17,400.00' 18,000.00 19,000.00 18,942.00 19,596.00 - 20,674.00 20,283.00 20,983.00 22,137.00 Section 2. During the term of this Agreement, am employee assigned to de~ective duty, shall be paid an additional salary at the rate of five hundred ($500.00) dollars per year, during the period of such assignment, which additional salary shall not, however, be included in such employee's salary for the purpose of determining longevity as provided in ARTICLE IX hereof. 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%) (b) Employees with at least fifteen (15) years but less than 'eighteen (18) years of service shall receive a salary increase of five (5%) percent, - 10 - (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 first day of the month in which an employee becomes eligible therefor. ARTICLE X COLLEGE CREDIT Sectisn 1. Employees 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) Employees successfully completing thirty (30) credit hours shall receive a salary increase of one (1%) percent of base salary. (b) Employees who have received an associate degree in police science shall receive a salary innrease 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 sectien shall present to the Supervisor a letter or certificate executed by an official of the college or university as proof of his eligibility therefor. ARTICLE XI HOSPITALIZATION Section 1. The Town agrees to make available to the employees the group health and Blue Cross health insurance plans provided by the - 11 - State of New York, whichever each employee desires. On and after January 1, 1974, the Town shall pay one hundred (100%) percent of the premitun applicable to benefits afforded to both the employee and his dependants. ARTICLE XII COMPENSATION FOIl COURT ATTENDANCE AlqD OVERTIME WORt[ 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 oae-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 rate. Employees, when required to perform duty as provided in this section shall receive a minimum of three (3) hours compensation at their normal rate of salary. Proof of time spent for court appearances shall be certified to by the ~ustice 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. Section 1. ARTICLE XIII DEATH OF EMPLOYEE The Town agrees to continue to provide the. death benefitl - 12 - ~rovided by Section 208-b of the General Municipal Law. Section 2. The Town agrees that any and all benefits to which an ~mployee is entitled to at the time of his death shall be paid to his estate as soon as possible after his death. AitTICLE XIV LIFE INSURANCE Section I. PBA has represented to the Town that it presently has in effect a group life insurance policy issued to it and covering the employees~ and that such insurance policy meets the requirements of Section 204.1 (g) of the Insurance Law. Based upon such representation, the Town agrees to pay Lo the PBA in each year during the term of this Agreement the sum of one thousand five hundred ($1,500.00) dollars, said sum is to be used by the PBA to pay the prem/ums on said group life insurance policy insuring the employees. Within sixty (60) days from the date hereof, the PBA agrees to submit to the Supervisor a statement from the insurer named in said policy or the State Comptroller attesting to the fact that such insurance policy complied with the provisions of Section 204 of the Insurance Law and that the Town may lawfully contribute to the payment of the premium thereon. ARTICLE XV EMPLOYER - EMPLOYEE RELATIONS Section 1. The Town agrees to establish a co~ittee to meet when necessary with a similar committee to be established by the PBA for the purpose of dealing with employee grievances and working conditions and such other matters as effect the Police Department and its employees. - 13 - ARTICLE XVI DISCIPLINE Sectiom 1. The parties hereto agree that they will co~ply with the applicable provisions of la~ with respect to disciplinary ma~ters 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 personnel file shall be maintained which shall contain all material with respect to such employee. Section 4. No material derogatory to an employee, his conduct, character or service shall be placed in his personnel file unless he has been given an opportunity to examine the same and affix his signature thereon, which signature shall indicate that the employee has examined the same and 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 specifica- tions by an administrative hearing or a court of competent jurisdiction, the only documents to be placed iu the employee's personnel file shall be the charges and the specification and the final adjudication thereof. Upon the - 14 - consent of the employee, the PBA, upon request, should be advised of the status. progress and outcome of the matter. ARTICLE XVIII AMENDMENTS Section 1. Amy changes or amendmemts to tints 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 amy such strike, or to impose any obligation to conduct, assist or participate in such a strike. ARTICLE XX UNIFORM CLEANING Section I. 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 Towm shall select an appropriate dry cleaning service. The employee shall use the cleaning service selected by the employer. ARTICLE XXI LEGISLATIVE APPROVAL Section 1. It is agreed by and between the parties that any provision of this Agreement requiring legislative action to permit its imple- - 15- mentatiou by amendment of law or by providing the additional funds therefor, shall not become effective until the appropriate legislative body has given approval. ARTICLE XXII APPORTIONMENT OF BENEFITS Section 1. In the event that the employment of an employee is terminated by reason of retirement, resignation or other cause, all benefits provided herein shall be pro-rated up to the date of such termination. ARTICLE XXIII TERM OF AGREEMENT Section 1. The term of this Agreement shall be two (2) years, become effective on January 1, 1977, and terminating on December 31, 1978. to IN WITNESS WHEREOF, the parties hereto have set their hands and seals this -~ ~ day of ~ , 1977. THE TOWN OF SOUTHOLD ALBERT M.' }{ARTOtCHIA, Supervisor SOUTHOLD TOWN POLICE BENEVOLENT ASSOCIATION, INC. ,/President ...."' - 16 -