HomeMy WebLinkAboutCSEA Contract JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
TELEPHONE
(516) 765-1801
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE
SOUTHOLO TOWN BOARD AT A SPECIAL MEETING HELD ON OCTOBER 25, 1988:
RESOLVED that the Town Board of the Town of Southold hereby accepts
and approves the Memorandum of Agreement, dated October 25, 1988, and
executed by the representatives of the Civil Service Employees Association,
Inc., Southold Town Unit, as authorized by the membership, and Charles
E. Graves, negotiator for the Town; and be it further
RESOLVED that Supervisor Francis J. Murphy be and he hereby is auth-
orized and directed to execute the 1988-1989 contract between the Civil
Service Employees Association, Inc., Southold Town Unit, and the Town
of Southold.
Southold Town Clerk
October 26, 1988
MEMORANDUM OF AGREEMENT BETWEEN THE TOWN OF SOUTHOLD
AND THE $OUTHOLD TOWN UNIT OF SUFFOLK COUNTY
LOCAL 852 OF C.S.E.A.
Subject to satisfaction by the Board and the C.S.E.A.
The 1986-87 Agreement is amended as follows:
Article I Section 2 Change "shall determine" to "may determine"
Article I Section 4
The Association negotiating committee shall
consist of no more than 5 employees who are
negotiating on Town time. NO more than 5
negotiations sessions will be held during the
normal work day without the consent of both
parties.
Article II Section 2
Delete "except where specifically outlined in
VIII ..."
Article II Section 12 Change Department Head to Town Board.
Article III Section
Article III Section
Change 10 days vacation carry-over to 12.
Add to present language:
An employee shall be granted one working day
with pay to attend the funeral on the employee's
working day of the employee's grandparents,
brothers-in-law, sisters-in-law, half-brothers
or half-sisters, or other relatives living in
the household of the employee.
Article III Section 5 Delete (Renumber subsequent sections)
Article III Section 11
Add to present language on pay at retirement for
first 30 accumulated unused sick leave: For
days accumulated over 30. additional payment
will be made at the rate of one day for each 3
accumulated over 30. In no event shall the grand
total payment exceed 55 days.
Article III Section 12 Add paid holidays for:
Martin Luther King Day
MEMORANDUM/GRAVES
Page 2
Article III Section 12
{ Continued~
Effective 1988:
Article IV Section 1
Article VII Section I
Article VI Section 3
Article VI Section 5
Article VI Section 5
Article VI Section 10
Article VIII Section 1
Eve of New Year's Day, half day
Eve of Thanksgiving, half day .
Eve of Christmas, half day
Effective January 1, 1989, delete employee
birthday holiday. Add:
Where federally observed holiday differs from
the foregoing list of holidays, the federal
holiday will be observed instead of the day
listed in the foregoing.
Add: Should the Town decide to select another
carrier, or become a self-insurer, such selection
shall be subject to mutual agreement between the
parties. Such agreement shall not be unreason-
ably withheld.
(al
(b)
(c)
Effective January I. 1988. 7% increase
Effective January 1. 1989, 7% increase
Effective January 1, 1989, all classifications
will have a new entry step of 3.5% less than
step 1 of the classification. Employees will
remain on the entry step for one year of
service.
Add to first sentence: subject to law
Second line, add after.compensation: applied to
the straight-time base rate of pay.
Add: Effective January 1, 1989, the foregoin9
increases of 4%, 5% and 6% shall be increased by
an additional one per cent to equal 5%, 6% and
7% respectively.
Prior to creating a new position and rate, the
Town shall notify the Association President in
writing. The Association and the Town will confer
within 15 days to discuss the new title. If no
agreement is reached, the new position may go into
effect at the expiration of the 15 days, subject
to negotiations at the next round of bargaining.
{new} Bay constables and maintenance employees
in buildings and grounds shall work eight (8)
hours per day with one-half hour for lunch, for
a total of 40 hours per week.
MEMORANDUM/GRAVES
Page 3
Article VIII Section 3
Add: However, the Town may close the area on
other days if it so elects in order to meet its
operational objective.
Article IX Delete present language and substitute the following:
Section 1
All grievances of employees involving the
interpretation of this Agreement shall be re-
solved in accordance with the following procedure:
Step 1
Within ten days after an employee knows or should
have known of an occurrence which allegedly violates
the contract with respect to that employee, the
employee may submit a grievance in writing to his/
her immediate supervisor. The immediate supervisor
shall issue a written reply to said grievance within
ten days of its receipt.
Step 2
If the employee is not satisfied with said reply,
within ten days of receipt of the reply, the
employee may appeal the decision to the Labor-
Management Committee (Article X). The Committee
shall consider such grievance at its next meeting
and shall issue a written reply within ten (10)
days after said meeting.
Step 3
If the employee is not satisfied with said reply.
the employee may request a full Town Board hearing
to be conducted within twenty (20) days of receipt
of the Committee's decision. The full Town Board
hearing shall constitute the final step.
Article X Section 1
Add after second sentence: The committee will
meet within 20 days of receipt of a written request
either party.
Article XII
Revise as follows:
The CSEA does hereby affirm that it does not
assert the right to strike against any government
nor to assist or participate in such strike, or
to impose any obligation to conduct, assist or
participate in such a strike.
Article XV
Revise to provide:
Effective January 1, 1988, the Town will
contribute $365.00 per year.
Effective January 1, 1989, the Town and the
employee shall split the $36.00 increase with
each contributing $18.00.
MEMORANDUM/GRAVES
Page 4
Article XVI
Revise as follows:
Except where otherwise provided, this agreement
and all of the terms and conditions hereof shall
become effective on January 1, 1988, and shall
terminate on December 31, 1989..
Salary Schedules:
Add to unit following titles and no other with rates before 1988
increases:
Step I Step 2 Step 3 Step 4 Step 5
Senior Planner 29.379 29.679 29,979 30,279 30,579
(is this schedule for Senior Planner as to Step 17 If so. other steps are
ok. Note: This is subject to 7% increase for 1988, and 7% increase for
1989. )
Sr. Building Inspector
25,313 25,890 26,448 27,026 27,583
Planner Trainee
19.500 19.800 20.100 20.400 20.700
PSD 2 17,766 19,282 20,797 22.312 23,827
Asst. Site Mgr.
11,043 11.343 11,643 11,943 12,243
Cook 13,118 13,418 12,718 14,018 14.318
Asst. Cook 12,629 12.920 13,220
Town Maint. Crew Leader 11.92 No steps
13,520 13.820
Auto Mech IV
11.92 No steps
Eliminate Accountant title (not part of unit), Administrative
Assistant. Assessor Assistant.
Salary Schedule Footnotes - Revise as follows:
ia)
Employees move on step July 1, 1988, following
at least 12 months ofcontinuous service. Other
employees move on step on January 1, 1989, pro-
vided they have 12 months of continuous service.
After Step 5 there is no further movement on
steps.
An employee who is promoted shall be placed on
the step in the new position which will enable
said employee to have an increase equal to at
MEMORANDUM/CRAVES
Page 5
(b) cont.
least 5% of that employee's rate before
promotion. In no event shall any increase
exceed Step 5 of the new position.
(c) Employees required to have a Suffolk County
electrician's license for their Town employ-
ment shall have the fee paid by the Town up to
$100,00 per year.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this
day of October, 1988.
THE TOWN OF SOUTHOLD
By:
Francis J, Murphy, Supervisor
THE C.S.E.A.
By:
President
Irwin M. Scharfeld
Collective Bargaining Sepcialist
C.S.E.A.
The Civil Service Employees Association, Inc.
Oct. 20, 1988
Mr. Frank Murphy, Supervisor
Town of Southold
Town Hall
Main Road
Southold, NY 11971
Re: CSEA Negotiations
Dear Supervisor Murphy:
This letter shall serve to notify the Town of Southold that
at a recent general membership meeting, CSEA accepted the fact-
finder's report dated 9/30/88 with two changes requested by the
Town Board:
1) Issue #4 - The position of the Town is to appear
in the contract and not the factfinder's recommen-
dation.
2) Issue #6 - We agree to accept the Town's position
and not the recommendation of the factfinder.
Would you kindly notify me as soon as the Town Board acts on
this report and, if accepted by the Board, please prepare a draft
of the new contract for our committee to review and approve. We
are obviously anxious to get the salary increases to our members
as soon as possible.
On behalf of our committee and myself, I wish to thank you
for your cooperation and concern during these difficult negotiations.
Si nce rely,
Irwin M. Scharfeld
Collective Bargaining Specialist
IHS:eg
cc: C. Stulsky
C. Graves~-
G. Nielsen
6Iff PAIIK~InE I)IIIVE
dERICII(I,NEWYOIII,~ 11'7B3
TEI,EI'IIONE (Biff) 4:1:! ?BI)fl
Fran?£s d. Murphy
of Southol d
.qmlthotd Town Hall
Road
Southo[d, New York
M~. Christine Stulsky
P~ es idea t
Sou thold C.S.E.A.
Town of Southold
$ouhhold To~zn Hall
Soukhold, New York 11971
Facl: Finder's Hepo~:t - Contract Impasse
Town of Southo~d and _]v~l Service Employees Ass~.
II,ar Supervisor Murphy aud Ms. Stulsk'v:
i have enclose,I copies o~ the fact finding report which deals
wi k)l the impasse oekwe~n the Towu and the Association, and whioh was
c,3nducted under the auspices of the Public Employment Relations Board.
it ts strongly r~commende(l that both Parties be given the full
live (5) dny~ opportu,ll, ty to read and stud~ the report before it is
re.de public ms requirr'd.
I am prepared to meet with both Parties again to clarify any
,i,;estion9 that tile report may raise or to facilitate any efforts to
~pach accord. I can be reached during the day at 516-433-7596, or
at 516-298-'1785-
(.opl~s of the report are also beinq sent to Mr Kelly's office
Conciliation at Pl/10~. llis office can akso be most helpful in stY-
you corinne[ relative to tile local release of the information don-
I,~i. npd in the report.
TFC: g
,,.':: blr. g.
let me know
S char fe Id
Gr~ves
if I can be of further assistance.
sin96k~y you/s ,~
'l'/rlOlflflS F, Carey /
Paot-Finder-PE~ /
tlr, 1~. Kel /y
'~ M88 1
STATEMENT OF PROCEEDINGS
Under date of March 21, 1988, the undersigned was appointed
as a Fact-Finder by the New York State Public Employment
Relations Board, in an effort to resolve the contractural
impasse between the Town of Southold (Long Island) as the Public
Employer, and the Southold Civil Service Employees Association,
Public Employee.
Said appointment was made pursuant
in the New York State Public Employment
Section #209 and 205.5 (K).
to the authority vested
Relations Board under
Said appointment directed the undersigned .... "to inquire
into the causes and circumstances of the dispute and after
hearing .... transmit his finding of fact and recommendations for
~esolution of the dispute to the chief executive officer of the
Town of Southold and the Southold C.S.E.A .... and within five (5)
days of such transmission make public such findings and
recommendations .... "
Pursuant to his responsibilities under the New York State
Public Employment Relations Act, the Fact-Finder conducted fact-
finding proceedings during May-August, at which time the Parties
were given ample and sufficient time to present facts and
erguments germane to their respective negotiating positions.
INTRODUCTION
In addition to the oral arguments, there were documents
offered in evidence on behalf of the Association and numerous
STATE OF NEW YORK
PUftLIC EMPLOYMENT RELATIONS BOARO
In the Matter of the Impasse between*
TOWN OF SOUTHOLI) *
and *
SOUTHOLD C.S.E.A. *
Case No. M88
REPORT AND
RECOMMENDATION
OF THE FACT FINDER
ttearings Close~
August 25, 1988
BEFORE:
PROFESSOR THOMAS F. CAREY, FACT FINDER
APPEARANCES:
TOWN OF SOUTHOLD
CHARLES GRAVES
Negotiator-Counsel
SOUTIiOLD CIVIL SERVICE
ERWIN SCIIARFELD
JOHN RAYNOR
BETTY WELLS
PAUL D. GRATTAW
DOUGLAS CLARK
CURTIS HORTEN
CHRISTINE STULSKY
CURT DANIELS
DAVE BLADOS
EMPLOYEES ASSOCIATION
C.S.E.A. Representative
Negotiating Team
Negotiating Team-Secretary-Treasurer
Negotiating Team
Negotiating Team-Vice President
Negotiating Team
Association President
Negotiating Team
Negotiating Team
submissions offered on behalf of the Town. Additionally, the
Parties were permitted to submit any supplementary documentation
necessary to complete their presentation on the remaining issues
which they chose not to do. All of this material has been
carefully examined by the undersigned, but in order that this
report may be submitted to the Parties for action, the
undersigned will not attempt to recite herein all the evidence
which has been submitted.
Negotiations between the Parties began in late 1987. Some-~
limited progress was achieved during the ensuing months. The
impasse between the Parties continued and the Association
requested fact-finding. At the inception of the fact-finding
hearings, the key proposals of the Association and the Town were
still open issues. Collective bargaining between the Parties
hnd been somewhat productive during mediation but prior to
formal fact-finding hearings, several major issues were still
unresolved.
The Fact-Finder is cognizant that the subsequent
recommendations do not give either Party all that was requested.
What is projected is an effort to provide an equitable base
which will enable the Parties to agree to a workable Contract,
~t least for the ]988 and 1989 calendar years. Both Parties
must be prepared to make reasonable adjustments in their
respective positions if a fair settlement is to be achieved.
Hopefully, this report will facilitate reaching that objective.
BACKGROUND
The Town of Southold the "Town") is located in Suffolk
County and substantially encompasses the North Fork of Long
Island.
The Bargaining Unit consists of eighty (80) employees. The
Southold Civil Service Employees Association, hereinafter called
the "Association" represents full and part-time employees in
some twenty-five (25) different job titles.
GENERAL PROCEDURES
1) All requests for economic improvement were evaluated in
accordance with the testimony, argument, and data submitted, and
weight was given, in addition to other criteria, to salaries,
benefits, and contract settlements in comparable communities;
sa]ary improvement for other Town employees; changes in the Cost
of Living; the financial position of the Town, and tile like.
2) In those impasse issues, where one Party requested a
change in wording of a previously negotiated and accepted non-
economic Contract provision in the existing Contract, and the
opposing Party insisted on the status quo, the Fact-Finder, in
addition to other criteria, has sought to determine from the
evidence submitted tho extent to which: (a) the Party
r~questing the change has been harmed by the inclusion of that
provision in the Contract, or (b) the Party resisting the
change has been abusive of the privileges afforded to it by said
clause.
4
3) In those impasse issues, where one Party requested the
inclusion o[ a new Contract provision, amd the other Party
opposed it, the Fact-Finder, in addition to other criteria, has
sought to determine from the evidence submitted the extent to
which: (a) the Party requesting the inclusion has been
handicapped by its omission, or (b) how the Party resisting
would be harmed by its inclusion.
ISSUES RESOLVED PRIOR TO FORMAL FACT-FINDING HEARING
Following are items which both parties agreed to
accept prior to the fact-finding hearing:
1. Add to unit following titles
rates before 1988 increases:
and no other with
Step 1 Step 2 Step 3 Step 4 Step 5
Senior Planner 27461 2776] 28061 28361 28661
(must be updated to add Smithtown increases as agreed at
time of hiring with applicant, increases to be substituted
for Southold increases to bargaining unit)
Sr. Building Insp. 25313 25890 26448 27026 27583
Planner Trainee 19500 19800 20100 20400 20700
PSD 2 17766 19282 20797 22312 23827
Asst. Site Mgr. 11043 11343 11643 11943 12243
Cook 13118 13418 13718 14018 14318
Asst. Cook 12620 ]2920 13220 13520 13820
Town Maint. Crew
Leader ]1.92 No Steps
Auto Mech IV ]1.92 No Steps
2. Eliminate Accountant title (not part of unit),
Administrative Assistant, Assesor Assistant
3. Article I 2 Change "shall determine" to "may
determine"
4. Article II 6 Retain present language
5. Article II 2 Delete "except where specifically
outlined in VIII .... "
6. Article II 12 Change Department Head to Town
Board
*7. Article III 2 Change 10 days vacation carry-over
to 12
*8. Article III 4
An employee shall be granted one _
working day with pay to attend the
funeral on the employee's working
day of the employee's grand-
parents, brothers-in-law, sisters-
in-law, half-brothers or half-
sisters, or other relatives living
in the household of the employee.
*9. Article III 5 Delete (funeral of friend)
*10. Article III 11
Add to present language on pay at
retirement for first 30 accumu-
lated unused sick leave: For
days accumulated over 30,
additional payment will be made
at the rate of one day for each
3 accumulated over 30. In no
event shall the grand total
payment exceed 55 days.
*11. Article iii 12
No change in present holiday
language except: Where federally
observed holiday differs from the
foregoing list of holidays, the
federal holiday will be observed
instead of the day listed in the
foregoing.
12.
All classifications will have a new entry step of
3.5% less than Step 1.
13. Article VII 5 Add to first sentence - subject
to law
6
14. Article VII 5
15. Article VIII 1
16. Article IX
17. Article X 1
18. Article XII
19.
20. Article XVI
Second line - add after compensa-
tion: applied to the straight-
time base rate of pay.
Add titles of Bay Constable and
Maintenance Employees in build-
ings and grounds schedules are 8
hours per day with one-half hour
lunch and 40 hours per week (this
is not to be a change in practice,
merely an addition to contract
reflecting practice).
Replace present grievance proce-
dure with one similar to PBA
contract. Possibly a 3-step
procedure with L-M committee, the
step-2 level and board step 3.
Add after second sentence: The
committee will meet within 20 days
of receipt of a written request by
either party.
The CSEA does hereby affirm that
it does not assert the right to
strike against any government nor
to assist or participate in such
strike, or to impose any obliga-
tion to conduct, assist or
participate in such a strike.
Salary Schedule Footnote:
Employees required to have a
Suffolk County electrician's
license for town employment shall
haw~ the fee paid by the Town up
to $]00.00 per year.
Add: The Association negotiating
committee shall consist of no more
than 5 employees who are nego-
tiating on Town time. NO more
than 5 negotiations sessions will
be held during the normal work
day without the consent of both
parties.
1SSUES PRESENTED AT FACT-FINDING HEARING
ISSUE #1 - AGENCY SHOP - ARTICLE VI
Position of Association
The Association proposes that since it is required under
the law to represent ail employees covered under the Agreement,
it should be entitled to be granted "agency shop" status.
Position of Town
The Town opposes any move to grant the Association "agency
shop" status and it contends that the right to work should not
depend on the payment of fees.
Analysis and Recommendations
The rationale for the Union/s demand is understandable in
that it contends all who benefit from the Union's representation
should pay their fair share. Most contracts which contain
agency shop clauses were the results of the give and take at the
negotiations table by the Parties. If such a benefit is to be
included in the local agreement, it should also come about
through the bargaining process.
iSSUE #2 EMPLOYEE BENEFIT FUND - ARTICLE XV
Position of Association
The Association proposes that provisions of
modified so that the Town will agree to increase
bution to the Welfare Fund to $515 for
this Article be
its contri-
1988 and $551 for 1989.
~osltion of Town
The Town proposes to [reeze its contribution to the Fund at
the 1987 level of $300 per employee per year. It seeks
retroactive payment of the additional $65 it paid in 1988.
Analysis and Recommendation
The record shows that the Town temporarily increased the
Town payments to $365 w~th the employees continuing to pay $150
in 1988.
Contractually
$300 per employee.
the Town had only been required to contribute
It elected to contribute $365 for 1988.
There is no basis to change that contribution during the current
year. However in 1989, it is recommended that employer and
employee split the $36 increase with each contributing $18.
ISSUE #3 - IIEALTIt INSURANCE - ARTICLE V
Position of Assoc].ation
The Association opposes any change in the existing health
benefits received by Town employees.
Position of Town
The Town proposes that employees assume a substantial
portion of the Empire H~alth Plan increases.
Analysis and Recomn/endations
The Town currently is contractually obligated to pay 100%
of the premiums applicable to benefits afforded to employees and
their dependents. The uncxpectedly high increase in premiums by
the Empire Plan impacted most munincipalities in the State.
What steps will be taken statewide to avoid a repeat can not be
determined at this stage. Some municipalities require new
employees to pay a percentage of the premium until such time as
the overall conditions on health premiums become clear.
~aintaining the status quo is not unreasonable and we so
recoimmend. However, if the Town is able to identify another
carrier, its selection which is subject to mutual agreement
shall not be unreasonably withheld.
ISSUE 4 - PROMOTIONS AND PROCEDURES FOR SETTING SALARIES FOR
NEW POSITIONS
Position of Association
The Union proposes that when the Town decides to create a
new position that it negotiate with the Union as to what the
salary and classification of said position will be.
Position of Town
The Town proposes that promotional increases cannot place
sn employee beyond the top step of the schedule and should be
limited to 5%.
n~w positions.
Analysis and Recommendations
The Town's creation of new titles and salaries for those
new positions has been a source of repeated strain in the
relationship between the Parties. The right of the Town to
create new titles and positions is not in dispute.
The Town reserves the right to set salaries for
10
The purposes of both Parties would best be served if the
Town, prior to creating a new position and rate would notify the
Association President in writing. The Association and the Town
will con£er within 15 days to discuss the new title. If no
agreement is reached, the new position can go into effect at the
expiration of the 15 days, subject to negotiations at the next
round of bargaining.
There is no persuasive basis to recommend the Town's
proposal to set the l~mits it seeks on promotions.
ISSUE #5 - DISPOSAL AREA CLOSINGS - ARTICLE VIII, SECTION 3
Position of Association
The Union opposes any closing of the Disposal Area on any
holidays other than the three (3) holidays currently specified
in the Agreement.
Position of Town
The Town proposes that it also may elect to close the
Disposal Area additionally on Washington's Birthday, Lincoln's
Birthday and Martin Luther King's Birthday under its exercise of
its management right.
Analysis and Recommendatlns
The contract under Article VIII, Section 3 specified when
thc Disposal Area shall be closed. To the degree that those days
are memorialized in the Agreement; the language is controlling.
However, there are no contractual constraints that would
preclude the Town from exercising its management prorogative to
it
close the Area on other days if it so elects in order to meet
its operational objective.
ISSUE #6 - HOLIDAYS - ARTICLE III, SECTION 12
Position of Association
The Association proposes that Martin Luther King Day be
added to the holiday schedule and that Easter Sunday be added
for those who work on that day.
Position of Board
The Town would agree to accept the proposal to add Martin
Luther King Day as a holiday. It would also propose, however,
to eliminate the holiday now given for employee birthdays. It
would also assume a contractual obligation to have off with pay
the half-days before Thanksgiving, Christmas, and New Year's
Day.
Analysis and Recommendation
The recognition of Martin Luther King's birthday as a
holiday has grown widespread acceptance in recent years with all
levels of government. Both parties appear to agree on its
significance. It is therefore recommended that such a holiday
be included in the listing in Section 12.
Admittedly, the benefit of having a birthday off with pay is
somewhat unique to Southold. There is no persuasive evidence in
the record to indicate that the privilege has been abused or
that the operating needs of the Town were compromised. There is
no basis in the record before me to warrant any change in this
existing benefit.
12
ISSUE ~7 - LONGEVITY - ARTICb~ VI±, Section 5
Position o~ Association
The Union proposes to add 1% to eacl~ o[ the existing
longevity increments so that such increments would be:
YEARS LONGEVITY
l0 Years 5%
15 Years 6%
20 Years 7%
Position o£ Town
The Town opposes the increases
in longevity as being too
costly, particularly Jn the first year of any new agreement.
Analysis and Recommendations
Many of the salary and job classification adjustments made
over the recent years have .logically benefited the younger Town
employees. As a result, the senior employees' relative salary
twos been negatively impacted. What is needed is some reasonable
and equitable wage adjustments for these senior employees.
Accordingly, it Js recommended that effective on January 1,
1989 (year 2) that 1% be added to each of the existing longevity
levels.
ISSUE #8 - WAGES - ARTICLE VII
8.5%
Position of Association
The Association [~roposes that there be a wage adjustment of
for each of the two (2) years of the Agreement.
13
It also seeks salary upgrades for new titles not appearing
on the previous salary schedules as determined by the Town
Board. It further requests wage adjustments for senior workers
who were off step and who did not receive an "inequity wage
upgrade" and for Bay and Senior Bay Constables as well as making
wages for Custodial Workers
Position of Town
The Town proposes that
I to be equal to Laborers.
any general wage increase be limited
to 5.5% in each of the two years of the Agreement with the first
increment to be effective July 1, 1988.
It also proposes that the "entry rate" for new employees be
established at 3.5% less than Step 1.
Analysis and Recommendations
The resolution of any contract impasse hinges on the
ability of the Parties to arrive at some mutually acceptable
wnqe "package". That final package, whether negotiated or
mediated, always involves some trade-offs and invariably can not
[~rouide everything requested.
Unquestionably, the issues of individual employees doing
] igher--level-out-of-title work and/or the e~isting wage
classification for particular titles generat,~} %eruine concern on
the part of particular employees that their job responsibilities
are not being properly recognized and/or compensated. The
i~ues and concerns are of critical importance to those
employees involved. Admittedly, th~? issues should be addressed
14
by either the Town or civil Service depending on who has proper
jurisdiction. There is serious question whether fact-finding is
the proper forum in which such concerns can be addressed and/or
resolved.
At this state of the contract impasse, the fact-finding
procedures dictate that Fact-finder looms on elements which
would help ensure a fair and equitable wage adjustments for the
majority of employees in the unit while attempting to seek
resolution of those wage inequities that have in effect across
the board impact.
The last round of negotiations produced some significant
improvements at the lower end of the schedule. Comparatively
speaking, senior employees
adjustment at both ends of
The Union claims that wage
did not fare as well. Some
tl~e wage structure are appropriate.
adjustments for C.S.E.A. workers in
other Suffolk communities range from 6-8%. The Town argues that
some settlements in other areas of the State were 5% and only a
few in this region exceeded 7%.
A review of settlements with Town employees in other East
End municipalities indicate the following range:
East Hampton Town 7.0%
Southampton Town 6.8%
Hiverhead 7.0%
Village of Southampton 7.0%
village of Orient 7.0%
(with new benefits)
(plus increment)
While the range of Suffolk settlements may have been 6-8%,
it is clear the East ~nd settlements average 7% plus increment
in each year of new agreements.
Accordingly, it is recommended as follows:
1988 A
1989 A
Effective July 1, 1988, all
receive a retroactive wage
of 7% plus increment.
Effective January 1, 1989,
employees
adjustment
all employees
receive a wage adjustment of 7% plus
increment.
Effective January 1, 1989, that the
longevity payments to senior employees
be adjusted by 1% as follows:
Existing Proposed
10 Years 4% 5%
15 Years 5% 6%
20 Years 6% 7%
C That an "entry" rate of hire be established for
"new" employees hired after January 1, 1989 at 3.5% less than
Step 1.
ISSUE #9 DURATION
Analysis and Recommendations
The Parties both need at least a brief respite from the
negotiations table. Accordingly, a two-year Agreement is
16
recommended for the perioa January 1, 1988
Except as otherwise noted in this fact-[inding
previously agreed to by the Parties, all other
prior Agreement shall remain in effect.
December 31, 1989.
report or as
terms of the
September 30, 1988
Matfituck, New York
Thomas F. Carey
PERB Fact-Finder
THIS AGREEMENT made this 18th day of January. 1989. between the TOWN OF
SOUTHOLD. a municipal corporation of the State of New York. having its
principal office at 53095 Main Street. Southold. Suffolk County. New York.
hereinafter called the "Town" and the SOUTHOLD TOWN UNIT OF SUFFOLK COUNTY.
LOCAL 852 of C.S.E.A.. INC.. a membership corporation of the State of New
York. with offices Io~,,te~ ;,t. 1113 Washington Avenue. Albany. New York.
hereinafter called "CSEA."
WHEREAS. CSEA has heretofore been duly recognized as the employee
organization to represent all persons holding a position by appointment or
employment in the Town except uniformed members of the police department of
the Town. hereinafter referred to as "employees" for the purpose of
negotiating collectively with the Town in the determination of the terms and
conditions of employment and to enter into written agreements with respect
thereto.
NOW. THEREFORE. the parties hereto agree as follows:
ARTICLE I
RECOGNITION
Section 1. The Town does hereby recognize CSEA as the exclusive
employee organization to represent the employees and extends to (;SEA the
following rights:
(a) To represent th~ employees in negotiations and in the settlement
Page 2
of grievances;
(b) To membership dues deduction, upon presentation of dues deduction
authorization cards signed by individual employees; and
(c) To unchallenged representation status until seven months prior to
the expiration date of this agreement.
Section 2. Seven months prior to the termination of this agreement.
the Town may determine the employees 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 the 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 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.
Section ~t. The Association negotiating committee shall con~i~.:'~ ~,~ ilo
more than five employees who are negotiating on Town time. NO more than
five negotiation sessions will be held during the normal work day without
the consent of both parties.
ARTICLE II
PROTECTION OF EMPLOYEES
Section 1. Employees appointed from a valid Civil Service list shall
be granted the protection afforded to them by the applicable provisions of
Article 5 of the Civil Ser~zice Law.
Page 3
Section 2. The term "full-time" employee· when used herein shall mean
those employees of the Town of Southold who regularly work twelve months per
year, five days per week and not less than seven hours per day.
Section 3. The term apart-time employee", when used herein shall mean
those employees of the Town of Southold who regularly work less than twelve
months per year, or who work less than a five day week, or who work less
than a seven hour day.
Section 4. Full-tlme employees in the non-competitive class who shall
have rendered twelve (12) months of continuous service to the Town shall be
granted the protection of the applicable provisions of Article 5 of the
Civil Service Law.
Section 5. Employees shall have the right to be represented by persons
of their choice, including representatives of CSEA, in all proceedings
relative to grievances, disciplinary proceedings and the terms and
conditions of employment.
Section 6. Seniority shall be determined on the basis of continuous
employment in the service of the Town and each department of the Town shall
establish and maintain a seniority list of the full-time employees in such
department. Unless otherwise provided by law, seniority for full-time
employees shall include full credit for each year of full-t/me employment in
· the service of the Town, and 1/2 year credit for each year of any part-time
service with the Town. Unless otherwise provided by law, seniority for
full-time employees shall include full credit for each year of full-time
CETA employment in the service of the Town, and 1/2 year credit for each
year of any part-time service with the Town.
Section 7. During the term of this agreement· the Town shall not lay
Page 4
off employees hired prior to December 31. 1980. unless there is r-n~nable
cause therefor.
Section 8, In the event that it is necessary to .lay off full-time
employees, the Town agrees that the same will be accomplished on the basis
of seniority within job classifications within each department
employees with the least seniority will be first laid off).
Section 9. When it is necessary to employ additional employees, such
positions shall be offered first to former qualified employees of the
department in question, who have been laid off as provided in the preceding
section. Notice of such employment shall be sent to each such empleyee by
registered mail directed to his last known address advising him of such.
Section 10. Unless otherwise provided by law. and subject to the
provisions of Sections 8 and 9 of this Article. in cases of promotion.
transfer from one position to another, filling new or vacant positions, or
the assignment of employees to overtime work on a rotating basis, the Town
agrees to accomplish the same on the basis of seniority within job
classifications within each department, provided that the employee, in the
opinion of the department head. is competent by reason of ability, training,
experience and fitness to properly perform the duties of such position.
On or about the 10th day of each month, the department head of every
department of the Town shall post in a conspicuous place within the
department, a list containin~j the names and the number of hours of bvertime
work by each employee of the department during the preceding month,
Section 11. The Town shall provide legal services to an employee
against whom an action or proceeding has been commenced involving any matter
occuring within the scope of his employment ~3s an officer or employee of the
Page 5
Town of Southold.
Section 12. Employees who sustain physical injuries in the course of
their employment with the Town may, in the discretion of the Town Baord,
continue to receive full salary during the period of incapacity or until
eligible for a disability pension· or death· whichever shall first occur.
If an employee receives his salary during such period of incapacity, any
sums received by such employee under the provisions of the Workers'
Compensation Law for lost earnings as a result of such injury shall be paid
by such employees to the Town. Any absence of an employee by reason of such
injuries shall not be deducted from any sick leave to which such emptoyee
may be entitled.
Section 13. Personnel Records
[a) Any employee shall be entitled to examine his official personnel
file upon making request therefor to the person having custody of
said records.
lb) Upon request, any employee shall be furnished with a copy of any
material in his personnel file.
lc) Only one employee personnel file shall be maintained which shall
contain all material with respect to such employee.
{d) No material derogatory to any employee, his conduct, character or
service shall be placed in his personnel file unless he has been
given the opportunity to examine the same and affix his signature
thereon, which signature shall not be deemed to indicate that the
employee in any way consents to or agrees with the contents
thereof. The employee may place in such personnel file a
written answer .to any derogatory material in said files.
Page 6
Section lU,. Notice of all positions of employment to be filled shall
be posted on available bulletin boards and all employees shall be given
adequate opportunity to make application therefor.
Section 15. The Town agrees to provide suitable uniforms for School
Crossing Guards. Uniforms supplied to Public Safety Dispatchers will be
cleaned at Town expense, by the Town-selected cleaning service.
ARTICLE III
VACATIONS AND LEAVES OF ABSENCE
Section 1. All full-time employees shall be entitled to vacation time
in accordance with the following schedule:
Length of Service
After 6 months
Start of the 2nd year through the 3rd year
Start of the 4th year through the 6th year
Start of the 7th year through the 9th year
Start of the 10th year through the 11th ~y.ear
Start of the 12th year through the 14th year
Start of the 15th year through the 19th year
Start of the 20th year and thereafter
Section 2.
Vacation Credit
5 days
10 days
12 days
15 days
18 days
20 days
23 days
25 days
payment for earned vacation shall be paid to such employee prior
to commencement of such vacation provided that the employee gives
written notice of the time of the commencement thereof to the
Supervisor at least three (3) weeks prior thereto.
The head of each department shall approve the vacation schedules
for the employees in the respective departments.
Not mor~ than twelve 112) days of unused vacation time may
Page 7
be carried over into the succeeding year.
Section 3. Employees who are required to serve on jury duty shall
receive full salary during the period of such service, subject to their
payment to the Town of all amounts received for such duty, exclusive of
expenses of travel and meals.
Section ~,. Full-tlme employees shall be entitled to three (31 days
leave absence with pay for the purpose of arranging and attending the
funeral of the spouse, child, parent, brother, sister, parent-in-law,
son-in-law, or daughter-in-law of such employee. A full-time employee shall
be granted one working day with pay to attend the f~nernl on the employee's
working day of the employee's grandparents, brothers-in-law, sisters-in-law.
half-brothers or half-slsters, or other relatives living in the household of
the employee unless additional time is authorized by the Supervisor. The
leave of absence for funeral purposes shall be in addition to any other
leave of absence to which such employee is entitled under any other
provision of this agreement.
Section 5. An employee who shall be absent without authorization
therefor, for which no satisfactory explanation is given, shall not be
compensated for such period of absence, and if such absence shall continue
for three [3) continuous working days. such unauthorized absence shall be
deemed to constitute a resignation in accordance with applicable rules of
the Suffolk County Civil Service Rules and Regulations.
Section 6. Officers and authorized representatives of CSEA shall be
entitled to a leave of absence with pay to attend CSEA conferences and
authorized meetings provided that not more than two employees of the Town,
nor more than one employee from each depart~ent of the Town shall be absent
Page 8
at the same time, and further provided that the total number of days of
absence of all employees for such purpose shall not exceed ten (10) days in
any calendar year.
Section 7. Employees who shall be assigned to the duties of resolving
employee disputes and grievances arising during the work day shall be
authorized time off with pay not to exceed one-half hour with respect to
each such incident.
Section 8. Upon request, full-time employees may be granted a leave of
absence not exceeding two (2) years without pay by reason of pregnancy of
the employee. Such employee, upon the expiration of ~i~h n~ ~ ~ ....... r
absence, shall be restored to the same or comparable position of employment,
if the same is available. Part-time employees may be granted a leave of
absence without pay for reasons of pregnancy at the .discretion of the Town
Board.
Section 9. Upon request, full-time employees may be granted a leave of
absence without pay not exceeding one (1) year for reasons of health of
h~mself or his immediate family, provided, however, that the necessity
therefor is certified in writing to the Town Board by a physician.
Section 10. Upon completion of one year of service, full-time employees
shall be entitled to fifteen (15) days sick leave with pay. Full-time
employees with less than one year of service shall be entitled to one (1)
day of sick leave with pay .for each month of service. Part-time employees
who work at least five days in each week shall be entitled to one (1) day
sick leave with pay for each month after the first month of work. Unused
sick leave may be accumulated up to a maximum of 165 days. An employee who
shall become sick while on vacation may hav~such period of illness charged
Page 9
against any unused sick leave, provided that a physician certifies to such
illness and the duration thereof in writing and the vacation period of such
employee shall be extended accordingly. Any employee who becomes sick while
at work. who is required to leave work will be charged for one half day of
sick leave if he worked at least 50% of the normal work day. otherwise he
will be charged for a full day of sick leave. A department head may request
a written physlclan~s certificate in all cases where an employee is absent
by reason of illness for more than three consecutive work days.
Upon the retirement of a full-time employee, he shall be entitled to
payment for first 30 days accumulated unused sick leave. For days
accumulated over 30. additional payment will be made at the rate of one day
for each 3 accumulated over 30. In no event shall the grand total payment
exceed 55 days. ~,
Section 11. Full-time employees shall be entitled to the following
holidays off with pay, to wit:
the first day of January. known as New Year's Oay
the third Monday of January, known as Martin Luther King Day
the twelfth day of February, known as Lincoln's Birthday'
the third Monday in February, known as Washington's Birthday
the fourth Monday in May, known as Memorial Day
the fourth day of July, known as Independence Day
the first Monday ~n September. known as Labor Day
the second Monday in October, known as Columbus Day
the Tuesday next succeeding the first Monday in November, known
as Election Day
the eleventh day of November. known as Veteran's Day
Page 10
the fourth Thursday in November, known as Thanksgiving Day
the twenty-fifth day of December, known as Christmas Day
the eve of Thanksgiving Day, 1/2 day effective 1988
the eve of Christmas Day, 1/2 day effective 1988
the eve of New Year's Day, 1/2 day effective 1988
Where a federally observed holiday differs from the foregoing list of
holidays, the federal holiday will be observed instead of the day listed in
the foregoing. For the year 1988 only, each full-time employee shall be
entitled to the day off on the day of his birthday. Thereafter, said
holiday is eliminated. In the event that any of the above specified
holidays occurs on a Saturday, the preceding Friday shall be observed as a
holiday, and if any of the above specified holidays occurs on a Sunday, the
succeeding Monday shall be observed as a holiday. In the event, however,
that it may be deemed necessary by the head of a department that certain
employees are required to be on duty on such days, such employees so
requested to work on the above named holidays agree to do so and shall be
compensated therefor in accordance with Section 4 of Article VII hereof.
Section 13. Full-time employees shall be entitled to four (l~)
personal leave of absence with pay in each calendar year for personal
business reasons Ipersonal leave days) provided that the time for taking
such leave shall be subject to prior approval by the department head.
ARTICLE IV
HOSPITALIZATION
Section 1. The Town agrees to make available to the employees, the
Empire Plan of New York State Insurance plans provided by the State of New
York, whichever each emD. Ioyee shall desire. The Town shall pay 100% of the
Page 11
premiums applicable to benefits afforded to both the employee and his
dependents. Should the Town decide to select another carrier, or become a
self-insurer, such selection shall be subject to mutual agreement by the
parties. Such agreement shall not be unreasonably withheld.
ARTICLE V
RETIREMENT, DEATH AND OTHER EMPLOYEE BENEFITS
Section 1, Subject to the applicable provisions of law. the Town
agrees to continue to provide a 25 year noncontributary retirement plan for
the benefit of the employees and to pay the entire cost thereof.
Section 2. The Town agrees to take the necessary action whereby u~used
sick leave will be applied as additional service credit upon retirement of
an employee in accordance with and subject to the provisions of Section 41J
of the Retirement and Social Security Law,
Section 3. The Town agrees to take the necessary action to provide an
improved career retirement plan for the benefit of the employees in
accordance with and subject to the provisions of Section 75-i of the
Retirement and Social Security Law.
ARTICLE VI
DUES DEDUCTION
Section 1, Dues deduction shall be made uniformly and consistently by
the Town on each payroll period and promptly paid over to the Treasurer of
CSEA.
Section 2. The Town shall continue to make deductions from the salary
of each employee who has authorized the same in writing until authorized in
writing by such employee to discontinue, change, or amend such deductions.
Section 3. Any employee authorization ~ discontinue dues deductions
Page 12
shall be in duplicate signed by such employee and submitted to the
Supervisor, who shall promptly mail one copy thereof to the Treasurer of
CSEA.
Section 4. The Town shall assume no liability or responsibility for
the disposition of dues deductions after the same are paid over to the
Treasurer of CSEA.
ARTICLE VII
SALARIES, COMPENSATION AND JOB CLASSIFICATIONS
Section 1.
(a) Effective January 1, 1988, all full-time employees shall receive
the base salary or wages received by them on December 31, 1987.
increased, however, by seven (7) per cent. Effective July 1,
1988, eligible employees with at lease twelve months of continuous
service from the last date of hire will move on step and will
receive increments due under the 1988 schedule.
(b) Effective January 1, 1989, all full-time employees shall receive
the base rate of pay received by them on December 31, 1988,
increased, however, by seven (71 per cent. Effective January 1,
1989, eligible employees with at least twelve months of continuous
service from the last date of hire will move on step and will
receive increments due under the 1989 schedule
Section 2. Employees who are required to report to work due tq floods,
storms or other emergency shall be deemed for all purposes to have .commenced
work when notified to report for work. When possible, in such events, such
employees will be given a period of 45 minutes within which to report to
work. Such employees, when required to wor~<, shall receive a minimum of
Page 13
three hours compensation at their regular salary scale. Except in the case
of a foreman, not less than two employees shall be called out for emergency
work.
Section 3. Employees who shall be required to work in excess of eight
(8) hours in any one day shall be compensated therefor at the rate of one
and one-half (1-1/2) time the normal rate of salary or wages, or at the
option of the employee shall be given compensatory time off at the same rate
subject to law, The provisions of this paragraph shall not. however, apply
to work performed on any holiday set forth in Article III. Section 11 hereof,
Section L~, Full-time employees who shall be required to work (du~ing
the hours between 7:30 A.M. and ~:00 P.M.) on any holiday set forth in
Article III, Section 11 hereof, shall receive compensation thereof at the
regular rate of salary or wages (in addition to receiving the regular salary
or wage for such holiday) and shall also be given compensatory time off with
pay. equal to the time worked on any such holiday. If any such employee is
required to work on any such holiday between 4:00 P.M. and 7:30 A.M. he
shall be compensated for hours worked at double the rate of salary or wages.
Section 5. Full-time employees shall receive additional compensation
(applied to the straight-time base rate of pay) based upon length of service
in the Town as follows:
(a) Employees with at least ten (10) years but less than fifteen
(15) years of service shall receive a salary increase of ~%.o
(b) Employees with at least fifteen (15) years but less than t:wenty
(20) years of service shall receive a salary increase of 5%.
lc) Employees with more than twenty {20) years of service shall
receive a salary, increase of 6%.
Page
Effective January 1, 1989, the foregoing increases of u,%, 5% and
6% shall be increased by an additional one per cent to equal 5%,
6% and 7%, respectively.
(e) Additional compensation as provided in this section shall
commence on the first day of the month in which an employee
becomes eligible therefor.
Section 6.
(a) Employees who shall be required to use their private automobile in
the performance of official Town business shall be compensated
therefor at a rate to be set by the Town Board upon the
presentation of a voucher therefor to the Town Board.
(b) Employees required to have a Suffolk County Electrician's License
for employment with the Town shall have the fee paid by the Town
up to $100 per year.
Section 7. The Town shall prepare a salary schedule of employees as
provided herein and the same shall be annexed hereto.
Section 8. Whenever, under any provision hereof, an employee is
entitled to compensatory time off, the same shall be taken at such time and
for such duration as shall be mutually agreed to by the employee and the
department head of the department in which he is employed.
Section 9. A shift differential of three hundred (300) dollars per
year shall be granted to each Public Safety Oispatcher who works thr.ee
shifts around the clock on a regularly scheduled basis.
Section 10. Prior to creating a new position and rate, the Town shall
notify the Association President in writing. The Association and the Town
will confer within 15 days .to discuss the new title. If no agreement is
Page 15
reached, the new position may go into effect at the expiration of the 15
days, subject to negotiations at the next round of bargaining.
ARTICLE VIII
HOURS OF WORK
The normal work week of all full-time employees shall be as
Section 1.
follows:
(a)
Clerical employees shall work seven (7) hours per day with one
hour for lunch, five days per week (Monday through Friday) for a
total of thirty-five (35) hours per week. The Town has the option
to regularly schedule clerical employees between 9:00 A.M. to 5:00
P.M, on any day Monday to Friday but without an increase in weekly
hours. Employee qualifications, being equal, the choice of hours
shall be given on seniority basis. Five days notice shall be
given for such change in the regular schedule.
{b) Building Inspectors shall work seven hours per day (8:30 A.M. to
u,:30 P.M.) with one hour for lunch, five days per week (Monday
through Friday) for a total of thirty-five hours per week.
[c) Highway Department and Public Works employees shall work eight
hours per day (7:30 A.M. to u,:00 P.M.) with one-half hour for
lunch, five days per week (Monday through Friday) for a total of
forty hours per week.
(d) Public Safety Dispatchers shall work eight hour rotating shifts
with one-half hour for lunch, for a total of thirty-seven and
one-half hours per week.
[e) Employees assigned to work the Landfill Site shall work ten hours
per day, four days per week, for a.total of forty hours per week.
Page 16
Bay Constables and Maintenance employees in Building and Grounds
shall work eight hours per day with one-half hour for lunch, for
a total of forty hours per week.
Section 2. Part-time employees shall be required to work at such times
and on such schedules as their services may be required by the head of the
department in which employed, provided that such schedules shall conform to
the rules of the Suffolk County Civil Service Commission, and do not
infringe upon the work schedules of the full-time employees.
Section 3. The Town agrees that the Town Refuse Disposal Area shall be
closed to the public on New Year's Day, Easter SunH~y~
Christmas Day and the employees assigned to work at said disposal area shall
not be required to work on said days. However, the Town may close the area
on other days if it so elects in order to meet its operational objective.
ARTICLE IX
GRIEVANCE PROCEDURE
Section 1. All grievances of employees involving the interpretation
this Agreement shall be resolved in accordance with the following procedure:
Step 1. Within ten days after an employee knows or should have
known of an occurrence which allegedly violates the contract with
respect to that employee, the employee may submit a grievance in
writing to his/her immediate supervisor. The immediate supervisor
shall issue a written reply to said grievance within ten days of-its
receipt.
Step 2. If the employee is not satisfied with said ~eply. within
ten days of receipt of the reply, the employee may appeal the decision
to the Labor-Management Committee IArt~cle Xl. The Committee shall
Page 17
consider such grievance at its next meeting and shall issue a written
reply within ten [10) days after said meeting.
Step 3. If the employee is not satisfied with said reply, the
employee may request a full Town Board hearing to be conducted within
twenty (20) days of receipt of the Committee's decision. The full
Town Board hearing shall constitute the final step.
ARTICLE X
CSEA RICHTS
Section 1, The Town agrees to establish a Committee of six
members, three from the CSEA unit, the Superintendent of Highways, and two
Town Board members. Such committee will meet upon the written request of
either party for the purpose of dealing with employee grievances, working
conditions, and such other matters as affect the Town and its employees.
The committee will meet within twenty {20) days of receipt of a writ(~n
request by either party. Any decision made by this committee shall not be
binding upon either party until ratified or approved by the CSEA Unit and
the Town Board. This committee will be established as of January 1st of
each year and each party will submit names of its members to the other party.
Section 2. tt is contemplated by the parties hereto that,
notwithstanding the starting wages set forth in Article VII, Section
hereof, it may be necessary from time to time. to employ persons at a
starting wage above the amount set forth in such Section. In such event, it
is agreed by the parties hereto that a committee to consist of five members
shall be established to authorize such employment, Such committee shall
consist of the department head of the department in which such person is to
be employed; two members to be selected by CSEA; and two members to be
Page 18
selected by the Town Board.
Section 3. The Town agrees to provide a bulletin board at a convenient
location for the posting of notices relative to the business and affairs of
CSEA.
Section 4. The officers and members of CSEA shall have the right to
use Town buildings, when available, for meetings of its members and
committees, provided that such use does not interfere with the use thereof
by the Town for regular Town business.
Section 5. Officers of CSEA shall, when possible, be given priority
over other employees in the scheduling of vacation time.
ARTICLE XI
AMENDMENTS
Section 1. Any changes or amendments to this agreement shall met
become effective unless the same are in writing signed by the parties hereto.
ARICLE XII
NO STRIKE PLEDGE
Section 1. The CSEA does hereby affirm that it does not assert the
right to strike against any government nor to assist or participate in such
strike, or to impose any obligation to conduct, assist or participate in
such a strike.
ARTICLE XIII
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 providing the additional funds therefor, shall not
become effective until the.appropriate legislative body has given approval.
Page 19
Section 2. It is agreed by and between the parties that any provision
of this agreement requiring approval by federal authorities shall not become
effective until such approval has been granted.
ARTICLE XIV
APPORTIONMENT OF BENEFITS
In the event that the employment of any employee is terminated by reason of
retirement, resignation or other cause, all benefits provided herein shall
be prorated up to the date of such termination.
ARTICLE XV
WELFARE FUND
Section 1. For the year 1988, the Town will make payments to the CSEA
Welfare Fund for the benefit of full-time employees in the amount of $365.00
per year for each full-time employee of the Town. Such payments shall be
made in advance on a bimonthly basis. The amount of each payment shall be
based on the number of full-time employees shown on the last payroll
preceding such payment. An adjustment shall be made at the end of each
bimonthly period in increase payments (on a daily basis) for employees added
to the payroll during the two month period subsequent to the payment date to
decrease payments [on a daily basis) for employees who have been removed
from the payroll during the two month period subsequent to the payment
date. The Town will make payments to the fund in the amount of whatever-
charge is made against each .employee by the Fund up to a maximum of $515,00
the same to be deducted from the employee's pay check, less the $365.00 per
employee which the Town will pay.
Section 2. For the year 1989, the Town will make payments to the fund
in the amount of $383.00 per year for each fun, l-time employee and the
Page 20
present employee contribution of $150.00 per year per employee will be
increased to $168.00.
Section 3. CSEA represents that the CSEA Welfare Fund is a legally
constituted entity; that such entity may legally receive funds paid to it by
the Town for the benefit of the employees of the Town; and that the
employees of the Town are eligible to participate in the benefits provided
by such entity.
CSEA also represents that it will obtain and provide to the Town such
assurance from the Trustees of said Welfare Fund as will satisfy the
representations set forth in the preceding la~r~r~h h~reof.
Section 4. It is understood and agreed by and between the parties
hereto that the Town assumes no liability or responsibility for the
disposition of the funds paid by it to the CSEA Welfare Fund after the same
are paid to such fund pursuant to the provisions of this Article, nor does
the Town assume any liability or responsibility whatsoever for the acts or
omissions of the CSEA Welfare Fund in the administration of its affairs,
against all of such the CSEA does hereby hold the Town harmless.
ARTICLE XVI
TERM OF AGREEMENT
Except where otherwise provided, this agreement and all of the terms
and conditions hereof shall become effective on January 1, 1988, and shall
terminate on December 31, ~989.
Page 21
IN WITNESS WHEREOF, the parties hereto have set their hands and seals
this /~ day of January, 1989.
THE TOWN OF sOUTHOLD
B~rvlsor
SOUTHOLD TOWN UNIT OF CSEA, LOCAL 852
By
Irwin M. Scharfield. Collective Bargaining Specialist.
Sworn to before me thisl~day of January,
CSEA
1989.
TITLE
SALARY STRUCTURE
Effective January 1, 1988
STEPS
1 2
LABORER 9.75
AEO 11.36
HEO 11.65
CEO 12.02
MAINTENANCE MECHANIC II ~0.31
MAINTENANCE MECHANIC III 12.13
AUTO MECHANIC I AND II 10.31
AUTO MECHANIC III 12.13
CREW LABOR LEADER 12.87
CUSTODIAL WORKER I 8.98
PUBLIC SAFETY DISPATCHER 17,404.62
BAY CONSTABLE 9.80
SENIOR BAY CONSTABLE 24,437.66
BUILDING INSPECTOR 25,480.34
ORDINANCE INSPECTOR 25,480.34
CLERK 15,803.28
CLERK TYPIST 16,923.46
ASSESSMENT CLERK 16,923.46
STENOGRAPHER 18,063.01
JUSTICE COURT CLERK 18,063.01
ACCOUNT CLERK 19,772.34
SENIOR ACCOUNT CLERK 21,481.66
RECREATION SUPERVISOR 23,374.45
3 4 5
10.07 1~.40 10.72 11.05
11.36 11.36 11.36 11.36
11.65 11.65 11.65 11.65
12.02 12.02 I2.02 12.02
10.68 11.04 11.41 11.77
12.13 12.13 12.13 12.13
10.68 11.04 11.41 11.77
12.13 12.13 12.13 12.13
12.87 12.87 I2.87 12.87
9.27 9.54 9.83 10.I2
19,026.74 20,647.79 22,268.84 23,889.89
10.49 10.72 10.97 11.21
25,859.80 26,357.79 26,854.64 27,376.55
26,097.97 26,695.10 27,313.88 27,909.86
26,097.97 26,695.10 27,313.88 27,909.86
16,197.56 16,695.55 16,965.62 17,338.26
17,317.74 17,815.72 18,084.66 18,458.43
17,317.74 17,815.72 18,084.66 18,458.43
18,45Y. 80 18,955.27 19,224.21' 19,597.98
18,457.80 18,955,27 19,224.21 19,597.98
20,166.62 20,664.60 20,933.53 21,307. ~
21,875.95 22,373.92 22,642.86 23,016.6~~
23,971.57 24,588.08 25,194.32 25,801.63
1
'-. o~boob~