HomeMy WebLinkAboutPBA Contract1973 - 19.74 PBA CONTRACT
THIS AGREEMENT made this
day of ~x~ 1973,
between %he TOWN OF SOTJTHOLD, a municipal corporation of the State of
New 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 "PBA."
WHEREAS, Article 14 of the' Civil Service Law provides %hal 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 int~,~ written agree-
ments with respect thereto, and
WHEREAS, the PBA has been certified as the employee organization,
as a result of an election, to represent ail uniformed members of the police
department of the Town of Sou%hold including all patrolmen, sergeants and
lieutenants and excluding ~he chief of police and all other employees, said
included members of the police department hereafter 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 %he exclusive
employee organization to represent the employees and extends to %he PBA
the following rights:
(a) To represent the employees in negotiations and in %he
settlement of grievances;
(b) To membership dues deduction, upon presentation of dues
deduction authorization cards signed by individual ~mployees; and
(c) To unchallenged representation status until seven months
prior to the expiration date of this agreement.
Section 2. Seven months pri~r to the ex~piration date of this agreemenl
the Town shall determine [he employee 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 %~rill 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 to the end that mutual understanding and agreemen~
may be reached with respect to the terms and conditions of employment and
the adrniraistration of grievances of the employees.
ARTICLE II
PROTECTION OF EMPLOYEES
Section 1. All employees appointed from a valid Civil Service list
shall be afforded mi1 the protection of the provisions of Article 5 of the C-ivil
Service Law and/or Article 10 of the Town Law, whichever shall be
applicable.
Section 2. Seniority shall be determined on the basis of continuous
employment in the Southold Town police force and/or department. Notwith-
standing the foregoing however, an employee who has been transferred from
another 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
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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 II~
COMPENSATION - INJURED EMPLOYEES
Section 1., Employees who sustain physical injuries in the course of
their employment with the Town shall continue ~o receive fudl 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
IWOTICE OF PROMOTIONS
Section 1. Notice of all promotional positions in the police depart-
ment shall be posted on available bulletin boards at police headquarters~ and
all employees shall be given an opportunity to make application for such
positions.
ARTICLE V
VACATIONS
Section 1. The T'own will adopt ~he vacation schedule as follows:
(a) Start through First .year - Five (5) working days.
(b) Second year through Tenth year - (Fifteen (15) working
days.
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(c) Eleventh year through Fifteen[h year - Twenty (20)
working days.
(d) Sixteenth year through TwenLieth year - Twenty-frye
(25) working days.
ARTICLE VI
LEAVE OF ABSENCE, SICK DAYS AND IIOLIDAYS
Section 1. Leave of absence withoi~t 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 be entitled to twelve (12) si~k days
with pay in each calendar year. Unused sick leave may be acc lU~_nlated up
to a maximum of 165 days.
Section 3. ]Each employee shall be entitled to receive equivalent
time off or receive compensation in lieu of st[ch equivalent lime off for the
following holidays, wheLher or not such employee was required to report
for duty on such days, to wit: the 1st day of January, known as New Y~ar's
Day; the .t2'th day of February, known as Lincoln's Birthday; the 3rd. Mon-
day in February, known as ~Vashington's Birthday; the 4th day of July, knowr
as Independence Day; the 1st. Monday in September, known as Labor Day;
the 2nd Monday in October, known as Columbus Day; the 4th Thursday in
November, known as Thanksgiving Day; and the 25Lb day of December, know:
as Chri~trnas 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 of such equivalent time off for the following holidays, whether or not
such employee was required to report for duty on such days, Lo wit: the Last
klonday in May, known as IVIemorial Day and the llth day of November, know
as Veteran!s Day.
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Section 4. For the purpose of implementing the provision of Section
3 of this Article, on January 1st. of eaeh year each employee will be
credi.ted with [he total number of holidays to which he is entitled for the
ensuing year. On or before December lat. of each year, ~he 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 Lhe ~otal number of holidays remaining due ~o said employee. On or
before December 15th of such year, the Supervisor shall pay to each empl-
oyee a sum equal to the number of holidays remaining due to each employee.
Section 5. Employees shall be entitled to be absent from duty al
such time and for such duration as ~he Chief of Police or officer in charge
may in his discretion approve for the purpose of attending to personal family
or business affairs.
Section 6. Employees shall be entitled to two (2) days personal
leave of absence %vith pay each calendar year for the purpose of attending to
personal business matters provided thai the time of taking such leave shall
be approved by the officer in charge. Employees who have completed five
(5) years of service shall be entitled to an additional two (2) days personal
leave as provided in this paragraph.
Seation 7. Employees shall be entitled to three (3) days leave of
absence per year with pay for the purpose of arranging for and attending the
funeral of the spouse, parent,
employee.
Section 1.
child, father-in-law, mother-in-law of such
ARTICLE VII
RETIREMENT REI~IEEITS
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
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assume the additional cost thereof.
Section 9,. The To%vn agrees to make the provisions of Section 384,
subdivisions f and g of the Retirement and Social Security Law (1/60th
increased pension) applicable to the employees, smd to t~kke ~he appropriate
action Lo assume the additional cost thereof.
Section 3. The To~rn agrees to make the provision of Chapter 950 of
the Laws of 1970 (12 months final average salary) applicable to the
employees, and to take the appropriate action to assume Lhe additional
cosl thereof.
ARTICLE VIII
SALARIES
Section 1. The annual base salary (exclusive of longevity pay) of
each employee for the 1973 calendar year shall be as follows:
Position
Patrolman
LengLh of
Service
first year
second year
~hird year
fourth year
fifth year and over
1973 Base
Salary
$ 8, 7O0.00
9,900.00
10, 900.00
llj400.00
11, 9O0.00
Sergeants
13,050.00
Lieutenants
14, 050.00
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Section 2. The annual base salary (exclusive of longevity pay) of
each e~nployee for the 1974 calendar year shall be his 1973 base salary
increased by the same percentage ~hat ~he consun~er price index published
by the Bureau of Labor Statistics applicable to the area in which the Town of
Southold is located, for December, 1973, .shaLl.be.in.excess of-the-same
index for December, 1 972, or by five and one-half (5-1/2%). percent, which-
ever' is greater. The computation of the base salary increase provided for
in this paragraph shall be as foLlows: (1) The total base salaries of all
employees to which this agreement applies, as of December 31, 1973,
shall be multiplied by /he appropriate percentage salary increase as deter-
mined above: (2) The product shall be divided by the number of employees
covered by this agreement as of December 31, 1973; (3) The resulting
quotient (rounded off to the nearest dol/ar) shall be the 1974 base salary
increase which shall be added to each employees' 1973 base salary to
determine his base salary for the 1974 calendar year.
Section 3. During the term of this agreement, an employee
assigned 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 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%) percent;
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(b) Emproyees with at least fifteen (15) years but less than
eighteen (18) years of service shall receive a salary increase of five (5%)
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 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%) per.cent of base salary.
(b) Employees who have received an associate degree in polic'e
science shall receive a s~lary increase of two (2%) percent of base salary.
(c) Additional compensation provided in this Section shall comm~
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 eligibility therefor.
ARTICLE XI
HOSP!TA LIZAT ION
Section 1. The Town agrees to make available to the employees, the
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Group Health and Blue Cross Health insurance plans provided by the Sta~e
of New Yorkj whichever each employee desire. During the 1973 calendar
year, the Town shall pay 100% of the premium applicable to benefits afforded
to each employee and 50% of [he premium applicable ~o benefits afforded ~o
dependents of each employee. On and after January 1, 1974, the Town shall
pay 100% of the premiura applicable..to~benefits, affor-ded.. ~o..both the.~ employee
and his dependents.
ARTICLE XII
COMPENSATION FOR COURT ATTENDANCE AND OtrERTIME WORK
Section 1. In the event that an en~ployee 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 ihe 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 pro-
vided 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 th9 justice or clerk of the court and filed by the
employee with the Supervisor. When an employee is required to be on dui/
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.
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 ~o his estate as
soon as possible after his death.
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ARTICLE XIV
LIFE INSURANCE
Section 1. PBA has represented 5o the Town thai it presently has in
effect a group life insurance policy issued to it and covering the employees,
and that such insurance policy meets lhe requirements of Section 204 1. (g)
of the Insurance Law. Based upon such representation, the Town agrees to
pay to PBA in each year during the term of this agreement the sam of
fourteen hundred ($1, 400.00) dollars, which said sm is to be used by PBA
to pay the premiums on said group life insurance policy insuring the
employees. Within 60 days from the date hereof, PBA agrees to submit to
the Supervisor a statement from the insurer named in said policy or the
State Comptroller atlesting to the fact that such insurance policy complies
with the provisions of Section 204 of the Insurance Law and thai 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 committee ~o meet when
necessary with a similar committee to be established by the PBA for the
purpose of dealing with ~mployee grievances and working conditions and~
such other matters as effect the Police Department and its employees.
ARTICLE
DIS C IP LINE
Section 1. The parties hereto agree that they will comply wiih 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
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personnel file upon making request therefor to Lhe 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 Lhe
sarae and shall not be deemed to indicale thai 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 del-ogatorTf material in said file.
ARTICLE XVIII
AMENDMENTS
Section 1. Any changes or amendments to this agreement shall not
become effective o_nless the same are in writing signed by tihe parties hereto.
ARTICLE
NO STRIKE PLEDGE
Section 1. The PBA does hereby affirm that it does not assert the
right to strike against any goverrmaent nor to assisl or participate in any
such strike, or to impose any obligation to conduct, assis~ or participate in
such a strike.
ARTICLE XX
LEGISLATIVE APPROVAL
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Section 1. It is agreed by and between the parties that any provision
of Lhis agreement requiring legislaLive action to permit its implementation
by amenchnent of la%v or by providing the additional funds therefor, shall not
become effective until the appropriate legislative body has given approval.
Section 2. It is agreed by and between the parties that any provision
of this agreement requiring approval by federal authorities pursuant to the
Economic Stabilization Act of 1970, as amended shall not become effective
until such approval has been granted.
ARTICLE XII
TERM OF ACREEIV[ENT
Section 1. The term of this agreement shall be two (2) years to
become effective on January 1, 1973, and terminating on December 31~ 1974.
IN WITNESS WHEREOF: the parties hereto have set their hands and
seals this ,~ day of ~~ ~ 197~.
THE TO~N OF SOUT~OLD
Albert M. Mariocchia, Superviso~
SOUTPtOLD TOWN POLICE BENEVOLENT
ASSOCIATION, INC.
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POLICE SALARIES,
January 1, 1973
Det. Sgt. Joseph Sawicki ...... $13,050---$783---$500 ...... $14,333.00
Patrolman Harry Smith ......... 11,900--- 714 ............. 12,614.00
Patrolman James Fitzpatrick--- 11,900--- 595 ............. 12,495.00
Sgt. Henry Santacroce ......... 13,050--- 653 ............. 13,703.00
Sgt. Barney ~arri$ ............. 13,050--- 653 ............. 13,703.00
Patrolman Robert Hulse ........ 11,900--- 595 ............. 12,495.00
Lieutenant Daniel Winters ..... 14,050--- 703 ............. 14,753.00
Patrolman James Mellae ........ 11 900--- 476 ............. 12,376.00
Patrolman
Patrolman
Patrolman
Sergeant Theodore Beebe ....... 13
Sergeant Carlisle Cochran ..... 13
Sergeant Staniey Droskoski .... 13
Patrolman Henry Stepnoski ..... 11
Edward Sidor ........ 11
Theodore Bokina ..... 11
R~bert Conw~y ....... 11
Patrolman Robert White ........ 11
Chief ~arl Cataldo ............ 15
050---raise-6-29-73 .... 13,050.00.
050 .................... 13,050.00.
050 .................... 13,050.00
900 .................... 11,900.00
900 .................... 11,900.00·
900 .................... 11,900.00
900 .................... 11,800.00
900 .................... 11,900.00
900 .... 63G ............. 16,536.00
Patrolman Fraderick Fiedler--- 11 900 .................... 11,900
Patrolman Joseph Con%ray ....... ll,400---raise-5-2-73 ..... 11,400
Patrolm~an Jo~ ~roskoski ...... 10,900---raise-il-10-73--- 10,900
Patrolman William McGonegal--- 9,900---raise-3-1-73 ..... 9,900
John J. Charters III-~9~ 8,700---raise-3-25-73 .... 8,700
Joseph ~. Reiter--~Q~-m~--- 8,700---raise~3-25-73 .... 8,700
Michael J. Burke-~E9~9~ .... $,700---raise-3-25-73--v- 8,700
00
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