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HomeMy WebLinkAboutPBA Contract ¢ 1975 - 1976 PBA CONTRACT THIS AGREEMENT made ~his ~ ~ ay of /',~>g~'~/~--. , 1975, between the TOWN OF SOUTHOLD, a municipal corporation of the. State of I~Iew York, hereinafter referred to as the "Town". and SOUTHOLD TOWN POLICE BENEVOLENT ASSOCIATION, INC., a membership corporation of the State of New York, hereinafter referred to as the W~I~REAS. ~rticle 14 of the Civil Service Law provides that public employees shall have the right to be represented by employee organizations to negotiate collectively with their public employer in the determination of their terms and conditions of employment, and to enter into written agreements ~ith respect thereto, and WHEREAS, the P]~A has been certified as the employee organization. ~s 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 heres_fret being referred to as "employees". NOW, THEREFORE. the parties hereto agree as follows: ARTICLE I RECOGNITION Section 1. The Town does hereby recognize the PBA as the exclusive employee organization to represent the employees and extends to the l~l~A the following rights: . (a) To represent the employees in negotiations and in the settlemen~ of grievances; (b) To membership dues deduction, upon presentation of dues deduction authorization cards signed by individua/ employees; ~nd (c) To unchallenged representation status until seven months prior to the expiration date of this agreement. Section 2. Seven months prior to the expiration, date of this agree- ment, the Town shall determine the em, ployee choice of the employee organization to thereafter represent them on the basis of dues deduction authorization and other evidence, or, if necessary by conducting an election in accordance with Article 14 of the Civil Service Law- and rules adopted pursuant thereto. Section 3. The parties agree that they will each conduct negotiations in good faith, exchange viewpoints, make proposals and counter proposals, make available to each other all relevant records, data and information in the possession of the other Lo 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 appoinLed from a valid Civil Service list shall be afforded all the protection of the provisions of Article 5 of the Civil Service Law and/or ArLicle 10 of the Town Law, whichever shall be applicable. Section 2. Seniority shall be determined on the basis of continuous employment in the Southold Town police force and/or department. Notwith- standing the foregoing however, an employee who has been transferred from -2- · nother police force within Suffolk County to lhe 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 coma'nenced involving any matte~ occurring within the scope of his employment as an officer or employee of the Town of Southold, ARTICLE III COMPENSATION - INJURED EI~iPLOYEES Section 1. Employees who sustain physical injuries in the course of their employment with the Town shall continue to receive full salary during the period of incapacity or until eligible for a disability pension, or death ~whichever shall first occur. Any sums received by such employee under the provisions of the ~Vorkmen's Compensation Law for lost earnings as a result of such injury shall be paid by such employee to the Town. ARTICLE IV NOTICE OF PROMOTIONS Section 1. Notice of all promotional positions in the Tox~rn Police Department shall be posted on available bulletin boards at police headquarters and all employees shall be given an opportunity to make application for such positions. Section 2. An employee who is scheduled to take a Town police related departmental promotional exanainaLion 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 will adopt the vacation schedule as follows: (a) Start through First year - Five (5) working days. (b) Second through Fifth year - Sixteen (16) working days. (c) Sixth through Tenth year - Seventeen (17) 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 maximu_rn of ten (10) days of unused vacation time may be carried-over into the following calendar year. Section 3. Employees who so desire may volunteer to work~ if acceptable to the department, during their annual vacations. Such work will be compensated at straight time, unless an employee ~vorks in excess of eight (8) hours. Such volunteers may be assigned to any normal police duties. Section 4. An employee, if transferred not by choice, from one squad to another, shall have the right to maintain his previously selected vacation. Section 5. If an employee is on his first week of vacation, and is outside the Town, and is recalled from vacation to active duty, he shall be given credit for an additional five (5) days of vacation time. Such employee shall also be paid for his necessary lravel expenses incurred in returning to active duty. Section 6. An employee on vacation may sign out on sick leave if -4- sickness or injury occurs %vhile on vacation and is confined to his residence or is hospitalized. Sickness to be verified by physicians certificate. T~me 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 permiti.ed to divide their vacation time into not more than three (3) vacation periods, provided that each period is at least five (5) days in duration. Vacation ~ime shall be scheduled on the basis of seniority in [he following manner, to wit: (a) First Selection - On the basis of seniority, all employees shall select the time of their vacations. If an employee has elected to divide his vacation, he may be permitted to take one or more vacation periods in the first selection. (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. In making a second selection, an employee may elect to take one or more of his remaining vacation periods. (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. -5- ARTICLE VI LEAVE OF ABSENCE, SICK DAYS AND t~OLIDAYS 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 khe State of New. York. Section 2. All employees shall be entitled to fourteen (14) sick days per year with pay in each calendar year of 1975 and 1976. Unused sick leave may be accumulaled up to a maximum of 200 days. Upon retirement, each employee shall be entitled to be compensated for the value of 25% of his accumulated unused sick leave (i. e. 25% of a maximum of 200 days). The Town Board shall have the option to pay the same to the employee, either in a lump sum payment at the time of ~he employee's retirement or in regular payroll payments immediately prior to such retirement. 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 %Vashingion's Birthday; the 4th day of July, known as Independence Day; the 1st Monday in September, known as Labor Day; the 2nd 1VIonday in October, known as Columbus Day; the 1st Tuesday after the -6- 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 to receive equivalent time off or receive compensation in lieu off such equivalent time off for the following holidays, whether or such employee was required to report for duty on such days, to wit: The last Monday in May, known as ~Iemorial Day and the llth day of November, known as Veteran's Day. Section 4. For the purpose of implementing the provision of Section 3 of Lhis 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 t5 the Supervisor a schedule indicating the total ltunber of holidays that each e~nployee is entitled to for such year, the total ~umber of holidays charged against each employee for such year and the :oral number of holidays remaining due Lo 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. Section 5. Employees shall be entitled to be absent from duty without pay at such time and for sudh duration as the Chief of Police or officer in charge may in his discretion approve for the purpose of attending to business affairs. Section 6. Employees shall be entitled to four (4) days t~ersonal --7-- ]eave of absence with pay each calendar year for the purpose of attending to personal business matters provided that the time of taking such leave sha]/ be approved by' ~he 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. 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, daughter-in-law. An employee shall be granted one (1) working day off to attend funeral of his grandparent, brother-in-law, sister- in-law, foster parent, foster child, nieces, nephews, uncles, aunts, half- brother and half-sister. ARTICLE VII RETIREMENT BENEFITS Section 1. The Town agrees to make the provisions of Section 384-d of the Retirement and Social Security Law (Optional Twenty Year Retirement Plan) applicable to the employees, and to take the appropriate action to assume the additional cost thereof. SecLion 2. The Town agrees to make ~he provisions of Section 384, subdivisions f and g of the Retirement and Social Security Law (1/60th increased pension) applicable to the employees, and to t~ke the appropriate action to assume the additional cost thereof. Section 3. The Tow~ agrees to make the provision of Chapter 950 -8- Of the Laws of 1.970 (12 months final average salary) applicable to [he employ- ees, and to take the appropriate action to assume the addiiional cost lhereo£. _KRTICLE VIII SALARIES · Section I. The annual base salary (exclusive of longevity pay) of each employee for the 1975 and 1976 calendar yea_rs shall be as fo]lows: Length 1975 1976 Position of Service Base Salary Base. Salary Patrolman Sergeants Lieutenants First year Second year Third year Fourth year FiSh year $10,000.00 12,627.00 13,777.00 14 352.OO 14 927. OO 16,249.50 17,399.50 $10,000.00 i2,627.00 15,292.47 15, 931.00 16,569.00 18,036.95 19,313.45 SecLion 2. During the Lerm of this agreement, an employee assignei to detective duty, shall be paid an additional salary at the rate of $500.00 per year, during the period of such assignment, which additional salary shall not, however, be included in such employee's salary for fJae 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.. -9- eighteen (18) percent; (a) Employees with at least ten (10) years but less than fifteen (15) years of service shall receive a salary increase of four (4%) percent; (b) Employees with at least fifteen (15) years but less than years of service shall receive a salary increase of five (5%) (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 Section 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 increase of two (2%) percent of base salary. (c) Additional compensation provided in this secLion 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 -10- 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 tte~lth insurance plans provided by the State of New York, whichever each employee desire. On arid after January 1, 1974, the Town shall pay 100% of the premium applicable to benefits afforded to both the employee and his dependents. ARTICLE XII COMPENSATION FOR COURT ATTENDANCE _A_ND OVERTIIVIE WORK Section 1. In the event that an employee is required to be present in any court proceeding as a ~vitness during off-duty hours, or is called in to work during his normal time off, such employee shall be compensated therefor at the rate of one and one-half (1-1/2) at the normal rate of salary~ or at the option of the employee shall be given compensatory time off at the same rate. Employees, ~vhen required to perform duty as provided in this section shall receive a minimum of three hours compensation at their normal rate of salary. Proof of time spent for court appearances shall be certified to by the justice or clerk of the court and filed by the employee with the Supervisor. Section 2. When an employee is required to be on dutTf beyond his normal tour, he shall be compensated at one and one-half (1-1/2) the nor~rzal rate of pay or compensatory time at the same rate. Section 3. Overtimeworkedbetween January 1st and May 31st shall be paid on June 15th. Over time ~vorked between June ist and November 15th -11- 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 Gener,al 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 rNSURANCE Section 1. PEA 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. Eased upon such representation, the Town agrees to pay to i~]BA in each year during the term of this agreement the sum of Fourteen Hundred ($1,400.00) Dollars, which said sum is to be used by PEA to pay the premiums on said group life insuranc8 policy insuring the employees Within 60 days from the date hereof, PEA 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 iusurance 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 ~hereon. -12- ARTICLE XV EMPLOYER - EMPLOYEE REI~TIONS Section 1. The Town agrees to establish a committee to meet when necessary with a similar committee to be established by the PBA for the purpose of dealing with employee grievances and working conditions and suck other matters as effect the Police Depa. rtment and its employees. ARTICLE XVI DIS C IP LINE 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 requesL, 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 ~o examine the same and affix his signature thereon, which signature shall indicate thaL the employee has examined the same and -13- shall noi 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 specification,, by an administrative hearing or a court of competenl jurisdiction, [he only documents to be placed in the employee's personnel file shall be the charges and the specification and the final adjudication thereof. Upon the consent of the employee the PBA upon request, and outcome of the matter. should be advised of the status, progress ARTICLE XVIII AIVIENDI~IENTS Section 1. Any changes or amendments to this agreement shall not become effective unless the ss_me are in writing signed by the parties heretc ARTICLE NO STRIKE PLEDGE Section 1. The PJ~A does hereby affirm that it does not assert the right to strike against any government nor to assist or participate in any such strike, or to impose any obligation to conduct, assist or participate in such a strike. ARTICLE XX UNIFORM CLEANING 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 -14- select an appropriate dry cleaning service. The employee shall use the cleaning service selected by the employer. ARTICLE LEG~LATIVE APPROVAL Section 1. It is agreed by and betvzeen the parties that any provision of this agreement requiring legislative., action to permit its implementation by amendment of law or by providing the additional funds therefor, shall not become effective until the appropriate legislative body has given approval. ARTICLE XXII TERM OF AGREEMENT Section i. The term of this agreement shall be two (2) years to become effective on January 1, 1975, and terminating on December 31, 1976. IN WITNESS WHEREOF, and seals this ~'~ay of the parties hereto'have set ~heir hands ..-';Z~-'~/~-~ · 1975. THE TOWN:,OF SOU~T-~(~LD Alb6.r~t IV[. Martocchia, Supervisor SOUTHOLD TOWN POLICE BENEVOLENT A SS OC~;O~ INC~ -15-