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HomeMy WebLinkAboutCSEA Contract THIS AGREEMENT made this ~/~/ day of ~6 / /~ ~1981, between the TOWN OF SOUTHOLD, a municipal corporation of the State of New York, having [ts principal office at 50395 Main Street, Southold, Suffolk County, New York, here- inafter called the "Town" and THE CIVIL SERVICE EMPLOYEES ASSOCIATION, INC., SUFFOLK CHAPTER, SOUTHOLD TOWN UNIT, a membership corporation of the State of New York, having its office and principal place of business at 350 Vanderbilt Motor Parkway, Hauppauge, Suffolk County, 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, herein- after referred to as "employees" for the purpose of negotiating colleet[vely 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'CSEA the following rights: (a) To represent the employees in negotiations and in the settlement 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 shall 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 Latz and the rules adopted pursuant therto. 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. 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 Service Law. 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 six hours per day. Section 3. The term "part-time employee", when used herein shall mean those employees of the Town of Southold who regularly work less than twelve months -2- per year, or who work less than a five day week, or who work less than a six hour day. Section 4. Full-time 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 full-time 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. Section 7. During the term of this agreement, the Town shall not lay-off employees hired prior to December 31, 1980, unless there ~s reasonable cause there- for. 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 (i. e. employees with the least seniority will be the 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 employee by registered mail directed to his last known -3- address advising him of sueh position. Such employee shall accept or reject such of[er within five (5) days from the receipt of sueh notioe to report for work. Section 10. Unless otherwise provided by law, and subject to the provisions of Sections 8 and 9 of this Artiele, in eases of promotion, transfer from one position to another, filling new or vaeant positions, or the assignment of employees to over- time work on a rotating basis, the Town agrees to aeeomplish the same on the basis of seniority within job classifications within eaeh department, provided that the employee, in the opinion of the department head, is competent by reason of ability, training, exper[enee 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 containing the names and the number of hours of overtime worked by eaeh employee of the department during the preeeding month. Section 11 . The Town shall provide legal services to an employee against whom an action or proceeding has been eommeneed involving any matter oceurring within the scope of his employment as an officer or employee of the Town of Southold. Section 12. ]~mployees who sustain physieal injuries in the course of their employment with the Town, may, in the discretion of the department head, continue to reeeive full salary during the period of incapacity or until eligible for a disability pension, or death, whichever shall first oecur. If an employee reeeives his salary during such period of ineapacity, any sums reeeived 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. Any absence of an employee by reason of such injuries shall not be deducted from any sick leave to which such employee 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. (b) Upon request, any employee shall be furnished with a copy of any material in his personnel file. (c) Only one employee personnel file shall be maintained which shall contain all material with respect to such employee. (d) No material derogatory to an employee, his conduct, character or service shall be placed in his personnel file unless he has been given the oppor- tunity to examine the same and affix his signature thereon, which signature shall indicate that the employee has examined the same and shall not be deemed to indicate that the employee in any way consents to 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 14. 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. -5- Section 1. ARTICLE III VACATIONS AND LEAVES OF ABSENCE All full-time employees shall be entitled to vacation time in aceor- dance 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 llth year 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 Vacation Credit 5 days 10 days 12 days 15 days 18 days 20 days 23 days 25 days (a) 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. (b) The head of each department shall approve the vacation schedules for the employees in the respective departments. Section 2. Not more than ten (10) days of unused vacation time may 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 4. l~ull-time employees shall be entitled to three (3) days leave of absence with pay for the purpose of arranging for and attending the funeral of the spouse, child, parent, brother, sister, parent-in-law, son-in-law or daughter-in-law of sueh employee. Section 5. Full-time employees shall be entitled to one-half (1/2) day leave of absenee with pay in order to attend the funeral of a friend or relative of such employee unless additional time is authorized by the Supervisor. The leave o£ 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 6. An employee who shall be absent without authorization therefor, for which no satisfactory explanation is given, shall not be compensated for such period of absenee, and if sueh absence shall continue for three ($) continuous working days, such unauthorized absence shall be deemed to constitute a resignation in accordance with applicable rules o£ the Suffolk County Civil Service l~ules and I:~egulations. Section 7. Officers and authorized representatives of CS~A shall be entitled to a leave of absence with pay to attend CS~A eonferences and authorized meetings provided that not more than two employees of the Town, nor more than one employee £rom eaeh department of the Town shall be absent at the same time, and further pro- vided that the total number of days of absence of all employees for such purpose shall not exceed ten (10) days in any calendar year. -7- Section 8. Employees who shall be assigned to the duties o~ resolving employee disputes and grievances arising during the work day shall be authorized time-o£f with pay not to exeeed one-half hour with respeet to each such incident. Section 9. Upon request, full-time employees may be granted a leave of absence not exeeeding two (2) years without pay by reason of pregnancy of the employee. Such employee upon the expiration of sueh period of leave of 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 absenee without pay for reasons of pregnaney at the diseretion of the Town Board. Section 10. Upon request, full-time employees may be granted a leave of absenee without pay not exceeding one (1) year for reasons of health of himself or his immediate family, provided however, that the necessity therefor is eertified in writing to the Town Board by a physician. Section 11. 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 ser~iee. Part-time employees who work at least'five days in eaeh week shall be entitled to one (1~ day siek leave with pay for eaeh month after the first month of work. Unused sick leave may be aeeumulated up to a rr~ximum of 1~ days. An employee who shall beeome sick while on vacation may have such period o~ illness charged a~ainst any unused siel~ leave, provided that a physician certifies to such illness and the duration thereof in writing and the vacation period -8- of such employee shall be extended accordingly. Any employee who becomes sick while at work, who ~s 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 physician'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 his accumulated unused sick leave not exceeding, however, 30 days. Section 12. 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 Day; the twelfth day of February, known as Lincoln's Birthday; the third Monday in February, known as Washington's Birthday; the thirtieth day of May, known as Memorial Day; the fourth day of July, known as Independence Day; the first Monday in 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; the fourth Thursday in November, known as Thanksgiving day; and the twenty-fifth day of December, known as Christmas Day. In the event that any of the above specified holidays occnrs 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 any of the above named holidays agree to do so and shall be compensated therefor in aceordanee with Section 4 of Article VII hereof. Section 15. Full-time employees shall be entitled to four (4) days personal leave of absence with pay in each calendar year for personal business reasons, (personal leave days) provided that the time for taking sueh leave shall be subject to prior approval by the department head. Seetion 14. Eaeh full-time employee shall be entitled to the day off on the day of his birthday, provided that the same occurs on a scheduled working day. ARTICLE IV HOSPITALIZATION Section 1. The Town agrees to make available to the employees, the Group Health and Blue Cross Health insurance plans provided by the State of New York, whichever each employee shall desire. The Town shall pay 100% of the premiums applicable to benefits afforded to both the employee and his dependents. ARTICLE V RETIREMENT, DEATH AND OTHER EMPLOYEE BENEFITS Section 1. Subject to the applicable provisions of ]aw, the Town agrees to continue to provide a 25 year non-contributary 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 unused 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. Section 4. The Town agrees to adopt the plan whereby employees are granted a minimum ordinary death benefit of three times the employees annual compensation, but limited to $20,000.00 in accordance with and subject to the provisions of Section 60-b 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 dues 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 to discontinue dues deductions 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 qr responsibility for the dispo- sition of dues deductions after the same are paid over to the Treasurer of CSI~A. ARTICLE VII SALARI]~S, COMPENSATION AND JOB CLASSIFICATIONS Section 1. (a) During the 1981 calendar year, all full-time employees shall -ll- receive the base salary or wages received by them on December 31, 1980, increased, however, by eight and one-half (8.5%) per cent. (b) During the 1982 calendar year, all full-time employees shall receive the base salary or wages received by them on December 31, 1981, increased, however, by eight and one-half (8.5%) per cent. (e) For employees on the payroll on January 1, 1981, who resign prior to the effective date of this agreement, a pro rata adjustment shall be made for time employed. Section 2. Employees who are required to report to work due to floods, storms or other emergency shall be deemed for all purposes to have commenced work when notified to report for work. \¥hen possible in such events, such employees will be given a period o~ 45 minutes within which to report to work. Such employees, when required to work, shall receive a minimum of three hours compensation at their regular salary scale. Except in the ease of a ~oreman, not less than two non-clerical highway department 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) times the normal rate of salary or wages, or at the option of~ the employee shall be given compensatory time off at the same rate. The provisions of this paragraph shall not, however, apply to work performed on any hollday set forth: in' Article III, Section 12 hereof. Section 4. (a) Full-time employees other than police radio operators, who shall -12- be required to work (during the hours between 7:30 A.M. and 4:00 P.M.) on any holiday set forth in Article HI, Section 12 hereof, shall receive compensation there- for 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. (b) Police radio operators who are required to work on any holiday set forth in Article III, Section 12 hereof, shall receive compensation therefor at the regular rate of salary or wages (in addition to receiving the regular salary or wage for such holiday) equal to the time worked on any such holiday. Such employee may elect to receive compensatory time off in lieu of pay on the same basis. Section 5. Full-time employees shall receive additional compensation based upon length of serviee in the Town as follows: (a) Employees with at least ten (10) years but less than fifteen (15) years of service shall reeeivea salary increase of 4%0. (b) Employees with at least fifteen (15) years but less than twenty (20) years of service shall receive a salary increase of 5%.. (c) Employees with more than twenty (20) years of service shall receive a salary increase of 6%. (d) Additional compensation as provided in this section shall commence on the first day of the month in which an employee becomes eligible there- for. -13- Section 8. Employees who shall be required to use their private automobile in the performance of official Town business shall be compensated therefor at the rate of twenty ($. 20) cents per mile upon the presentation of a voucher therefor to the Town Board. Section 7. The Town shall prepare a salary schedule of employees by depart- ments 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 agree8 to by the employee and the department head of the department in which he is employed. Section 9. All laborers employed in the Highway Deparfment who have ren- dered three years of service shall be reclassified as automotive equipment operators and shall be compensated as such, provided however that in the opinion of the Super- intendent of Highways, they are qualified by reason of training, ability and experience to perform the duties of an automotive equipment operator. ARTICLE VIIt HOURS OF WORK The normal work week of all full-time employees shall be as Section 1. follows: (a) Clerical employees shall work six (6) hours~per day with one hour for lunch, five days per week (Monday through Friday) for a total of thirty hours per week. The Town has the option to regularly schedule 30 hour employees between -14- 9:00 A.M. to 5:00 P. 1VI. on any day(s) Monday to t~riday but without an increase in weekly hours. Employee qualifications being equal, the choice o£ hours shall be given on a seniority basis. Five days notice shall be given for such ehanges in the regular schedule. (b) ]Building Inspectors shall work seven hours per day (8:30 A. M. to 4:30 P. M. ) with one hour for lunch, five days per week (Monday through l~riday) for a total of thirty-five hours per week. (e) Highway Department and public works employees shall work eight hours per day (7:30 A.M. to 4:00 P. M. ) with one-half hour for lunch~ five days per week (Monday through l~riday) for a total of forty hours per week. (d) l:tadio operators shall work eight hour rotating shifts with one- half hour for lunch, for a total of thirty-seven and one-half hours per week. lZtadio operators who accumulate compensatory days in lieu of holidays, or overtime taken as eompensatory time, during any calendar year, shall he required to use such compensatory days or time earned up to December 1st of sueh year by the end of such calendar year. (e) Employees assigned to work at the land-fill site shall work ten hours per day, four days per week, for a total of forty hours per week. Seetion 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 sehedules shall eonforrn to the rules of the Suffolk County Civil Service Commission, and do not infringe upon the work sehedules of the full-time employees. -15- Section 3. The Town agrees that the Town Refuse Disposal Area shall be closed to the public on Easter and Christmas days and the employees assigned to work at said disposal area shall not be required to work on said days. ARTICLE IX GRIEVANCE PROCEDURE Section 1. All grievances of employees shall be settled in accordance with the existing grievance procedures established by the Town Board. ARTICLE X CSEA RIGHTS Section 1. The Town agrees to establish a Committee of six (6) 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 w~th employee grievances, working conditions, and such other matters as affect the Town and its employees. 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 olher party. Section 2. It is contemplated by the parties hereto that, notwithstanding the starting wages set forth in Article VII, Section 1 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 -16~ person is to be employed; two members to be selected by CSEA; and two members to be seleeted by the Town Board. Section 3. The Town agrees to provide a bulletin board at a convenient loeation 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, pro- vided 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 not become effective unless the same are in writing signed by the parties hereto. ARTICLE XII NO STRIKE PLEDGE Section 1. The CSEA does hereby affirm that it does not assert the right to strike against any government nor assist or participate, in any such strike, or to impose any obligation to conduct, assist or participate in such strike. ARTICLE XIII APPROVAL Section 1. It is agreed by and between the parties that any provision of this -17- agreement requiring legislative action to permit its implementation by amendment of law or providing the additional funds therefor, shall not become effective unfil 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 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 pro- rated up to the date of such termination. ARTICLE XV WELFARE FUND Section 1. The Town wlll make payments to the Suffolk County CSEA Welfare Fund for the benefit of full-time employees in the amount of $250.00 per year for each full-time employee of the Town. Such payments shall be made in advance on a bi-monthly basis. The amount of each such payment shah be based on the:number of full-time employees shown on the last payroll preceding such payment. An adjust- ment shall be made at the end of each bi-monthly period in increase payments (on a daily basis) for employees added to the payroll during the two month period subse- quent to the payment date and 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. -18- Section 2. CSEA represents that the Suffolk County 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 thai it will obtain and provide to the Town such assuran- ces from the Trustees of said Welfare Fund as will satisfy the representations set forth in the preceding paragraph hereof. Section 3. 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 Suffolk County CSEA Welfare Fund after the same are paid to such fund pursuant to the provisions of this Article, nor does the Town assume any lia- bility or responsibility whatsoever for the acts or omissions of the Suffolk County CSEA Welfare Fund in the administration of its affairs, against all of which the CSEA does hereby hold the Town harmless. ARTICLE XVI TERM OF AGREEMENT This agreement and all of the terms and conditiSns hereof shall become effective on January 1, 1981, and shall terminate on December 31, 1982. -19 IN WITNESS WHEREOF, the parties hereto have set their hands and seals this ~9 day of ~[:.J~ , 1981. THE TOWN OF SOUTHOLD Francis J. Murphy Deputy Supervisor THE CIVIL SERVICE EMPLOYEES ASSOCIATION, INC., SUFFOLK CHAPTER, SOUTHOLD TOWN UNIT President -2o- RECEIVED AND FILED BY TI-~F. SOUTHOLD TOWN DATE j/'-¥'~t~ / HOUR To~ Clerl, Town of Souti:old AR! ICLE XVI! T ~ CI,A~!.3~!~ICATIONS AhD AP~-hO~R.~a±E Full~.~me employees in the Hiskway and ~blic Uoxno Deear%ment. in the following Oob classzrzcatmons s~al~, be paid the ~ wage rates se~ opposite each such classification for the 1981 calendar year, to wit- POSITION Probationary Laborer lst-Year Laborer {one year or more 2nd-Year L~}borer(two years or mor~ Automotive Equipment Operator Heavy Equiph~ent Operator(Tradesman) 2nd Class Nechanic lst-C!oss Mechanic 2n~-ela~s Pore~ail lst-Class Foreman (].ess t ~.h one year service) self;ice service t_O di~ ~, _ HOU~RLY FOR FOR 196o 1981 JANUARY 1~1981 SAID. RY i~CREASES PER CSEA CONTRACT ENPLOYEE ANDNADE,B Stulsky~C. Hogan:C. Richter:J Wells,B King,J Rouse,S Sherwood,J Nevile,E. Dep. T.C. Clark, ~. Hurter, Jo Grigonis,E 12/51/80 8.5% Longevity Base Salary + CS~I increase + Other $8,876.00 75~.~6 $6,500.00 '552.50 $7,ooo.oo 595.oo $12~327.00 10%7.80 2968.00 627.28 $11,301.~5 968.27 5% 617.99 $11,165.70 949.08 4% ~8S.59 $10:592.00 900.32 $10,492.00 891.82 dep T/C 600.00 600.00 9~000.00 765.00 9,000.00 765.00 $1a~27~.25 1213.31 ~% 619.50 SASE TOTAD l/l/S1 9630.46 7052.50 7595.00 1357~.80 8645.28 12977.71 12:599.37 11,~92.32 11,983.82 9:765.00 9,765.00 16,107.06 Part Time: 80%b e a'ud ~ Hoffatt, E Long ~ S. Ross, D Ca r ay~F~tlae~ -Dors, Joan ~/1/81 e $~.50 an hour %/1/81 @ $e.50 an hour 8/17/81 @ $6,500.00 provisional 90 d8ys 5/1/81 @ SeLSO an hour @ $~.00 an hour - @ $~.50 an hour C--.T ..... Hubbard ~ K!r_~, C King, R Nel!as, P ~i!d en, L Neudeck, R quill~n, T Ruroede ,A Scz :ton ~t = ¢:.Le e: H Wilson,A Wisniewski, F Witt, W Blados, J Helinski, Z Kehl, A Pace, T St epnowsky, C Swia$ooha Tv!er, OreS King, Gerald Nc ~lahon, James P_':;-'R ?/_!..;:.:]! ~ C;~:~R "- ~P 55:: ~, .~p 62.3 fi~..,:v 55¢ ,,,c./, 2 55¢ ~6.n~ 55¢ ~'7- !0 o0,~ ~4;~, 31 ~o.~ 55¢ ~-):'(, ~8 ¢ 26. ~42 5~'~ 2U 4~¢ 30¢ po, 86 58¢ , ¢6.63 56¢ ~% 29¢ ~6.8~ 58~ ~ ~ z- 56¢ ¢6. st-~ 5S e $6.6~ ~6. ~5 56e -0- -0- SlO,500.O0 ~, /1 Se. 97 -~,, 8.18 S?. i9 ~!?. 19 S7.25 S6.9"2 S6.97 S6.97 ~,6.97 S7 -,~- S6.97 37-25 ST. 72 ~7. S?. i9 ¢7. i9 S?. z9 · S?.?2 -O- $l?,O00.OC I:,CR .......~ PER CoE,~ CO ...... ~C~ JAi;U.:d~Y 1,1981 SALARY CAUOP iANCO: E GOO~Wi?: J HU,SZEK : A JAWONECK!, J N~YiLLE, ELLEN ~..q{ITE ~ R.S. ~[.6. ~ 2 ZUHOS[(I~ D. ZUHOSKI, E. S5-90 tfBNi(OSKi: A ~646S.00 KIiPP, J $9282.00 CZEP%~Ii%: T. {~!1 ~000.00 FISHER, O ' ~15~92a. OO z, ~.1 . , ~p. OO HORTO}[, C $12~97.': -O0 Doi;s: Joan KOWAZSKIj L S 9022.00 Ci~ARTERS, GARY ~ 9,62~. O0 CDiDitNGPDiN, L $11,121. O0 FOGARTY, J ~ 8,620,=00 KbqqJ IAN, C $12,960. O0 Ra~mor, J 9,62a.00 Bond ~ IJ {~6.63 Capon~G ~6.63 Gada,J ~ 2500.00 Gaydoski, N -O- Goldsmith ~ R 12/51/2;0 8.5% ~aae Salary + CSi'i,i Increase ~6.65 .56¢ ~6.42 55¢ SS. 90 50~ + Other Total 1/1/$2 Pa v ~7.19 ST. 52, S6.%o ... 5O¢ 5~.70 788.97 9~5.o0 1~57.79 1221.18 1085.79 $6.13 $7017.78 $10~070.97 1~',955.oo 618,O25.06 $!6~226.18 S~5,859 771.12 922.85 81S.O4 9a5-29 932.70 1101.60 8t2.OZt 56¢ a.% ~ 29d 9,843.12 $11,779.S5 ~i2:0~.29 9,552-70 $14~061.60 $!0~2.0m ?.as 5~. 4~o 28¢ S 7.25 ROBERT W. TASKER OFFICE OF TOWN ATTORNEY TOWN OF SOUTHOLD 425 MAIN ST. GREENPORT, L.I., NEW YORK 11944 September 24, 1981 Mr. Francis J. Murphy Deputy Supervisor Town of Southold Main Road Southold, New York 11971 Re: 1981 CSEA Contract Dear Frank: As you know, last week Idrafted anew 1981-82 CSBA Contract to embody the amendments agreed to between the CSBA negotiators and Mr. Graves, the Town negotiator and the new contract was sent to the Superisor's Office. Yesterday, Gary Charters the CSEA representative, advised my office that there were several errors and omissions in the new contract which were the following: (1) Section 4 of Article V was omitted. (2) Section 6 of Article VII provided for a mileage rate for Town employees using their own vehicles of 13 cents per mile. Mr. Charters stated that it should be 17 cents per mile. However, on examining the Town Board Resolution adopted, at the Town Board organizational meeting, this rate was fixed at 20 cents per mile. (3) After the last contract was signed on May 11, 1979, the parties agreed to certain revisions which were embodied in an agreement dated September 14, 1979. I neglected to include these amendments in the new contract. (4) In the Memorandum of Agreement for the new contract, the parties agreed that any employee that resigned after January 1, 1981, would be compen- sated on a pro rata basis for the salary increases for the period January 1, 1981 to such time of such employees retirement. This provision was inadvertently omitted from the new agreement. Mr. Francis J. Murphy -2- September 24, 1981 (5) A Section 9 was added to Article VII by the 1979 agreement. This was omitted and is now included in the revised pages. In order to incorporate all of the above additions and omissions, I have redrafted the pages of the contract commencing with page 11 to the end of the contract (new pages ll to 20 inclusive), and these new pages are enclosed herewith and should be substituted for pages 11 to 19 of the copy which you have in your posses- sion. In order that each party may review these revised pages, I am setting forth hereafter the revisions td the various sections which are as follows, to wit: (a) Article V has been changed to insert a Section 4 which provides for a minimum ordinary death benefit. This was omitted in the contract sent to you. (b) A ne~v subdivision to be subdivision (c) has been added to Section 1 of Article VII. This provides for the pro rata payment for employees who resigned after January 1, 1981. (c) The last sentence of Section 2, Article VII has been amended to provide that, except in the case of a foreman, not less than two non-clerical highway department employees shall be called out for emergency work. This pro- vision was embodied in the September 14, 1979 supplemental agreement. (d) Section 4 of Article VII has been revised to conform to the September 14, 1979 supplemental agreement. Section 9 has also been added to conform to the 1979 agreement. (e) Article VII, Section 6 changes the mileage rate from 13 cents to 20 cents per mile. This is consistent with the Town Board Resolution adopted at the 1981 organizational meeting. (f) Section 1, Subdivision d, Article VIII which provides for the hours for radio operators has been added to conform to the 1979 supplemental agree- ment. I am sending a copy of this letter as well as the copy of the revised pages 11-20 to Gary Charters in order that he may review the same prior to the signing of the agreement, as revised. Yours very truly, / ~ / C/~ t/ ROBERT W. TASKER RWT:aa enc. cc: Gary Charters 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 7S-i of the Retirement and Social Security Law. Section 4. The Town agrees to adopt the plan whereby employees are granted a minimum ordinary death benefit of three times the employees annual compensation, but limited to $20, 000.00. in accordance with and subject to the provisions of Section 80-b 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 dues 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 to discontinue dues deductions 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 dispo- sition of dues deductions after the same are paid over to the Treasurer of CSEA. ARTICLE VII SALARIES, COMPENSATION AND JOB CLASSIFICATIONS Section 1. (a) During the 1981 calendar year, all full-time employees shall receive the base salary or wages received by them on December 31, 1980, increased, however, by eight and one-half (8.5%) per cent. (b) During the 1982 calendar year, all full-time employees shall receive the base salary or wages reeeived by them on December 31, 1981, increased, however, by eight and one-half (8.5%) per cent. (c) For employees on the payroll on January 1, 1981, who resign prior to the effective date of this agreement, a pro rata adjustment shall be made for time employed. Section 2. Employees who are required to report to work due to floods, storzns 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 work, shall receive a minimum of three hours compensation at their regular salary scale. Except in the ease of a foreman, not less than two non-clerical highway department employees shall be called out for emergeney work. Section $. 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) times the normal rate of salary or wages, or at the option of the employee shah be given compensatory time off at the same rate. The provisions of th~s paragraph shall not, however, apply to work performed on any holiday set forth in Article III, Section 12 hereof. Section 4. (a) Full-time employees other than police radio operators, who shall -12- be required to work (during the hours between 7:20 A.M. and 4:00 P.M.) on any holiday set forth inArtiele III, Section 12 hereof, shall receive compensation there- for 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 sueh holiday.between 4:00 t°. l~I. and 7:30 A.M. he shall be compensated for hours worked at double the rate of salary or wages. (b) Police radio operators ~vho are required to work on any holiday set forth in Article III, Section 12 hereof, shall receive compensation therefor at the regular rate of salary or wages (in addition to receiving the regular salary or wage for sueh holiday) equal to the time worked on any such holiday. Such employee may elect to receive compensatory time off in lieu of pay on the same basis. Section 5. Full-time employees shall receive additional compensation 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 4%. (b) Employees with at least fifteen (15) years but less than twenty (20) years of service shall receive a salary increase of 5%. (c) Employees with more than twenty (20) years of service shall receive a salary increase of 6%. (d) Additional compensation as provided in this section shall commenee on the first day of the month in which an employee becomes eligible there- for. -13- Section 6. Employees who shall be required to use their private automobile in the performance of official Town business shall be compensated therefor at the rate o£ twenty ($. 20) cents per mile upon the presentation of a voucher therefor to the Town Board. Section 7. The Town shall prepare a salary schedule of employees by depart~ ments 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 snehtime and for sueh duration as shall be mutually agreed to by the employee and the department head of the department in which he is employed. Section 9. All laborers employed in the Highway Department who have ren- dered three years of service shall be reclassified as automotive equipment operators and shall be compensated as such, provided however that in the opinion of the Super- intendent of Highways, they are qualified by reason of training, ability and experience to perform the duties of an automotive equipment operator. AI~TIC LIS VIII FIOUi~S OF WOi~K The normal work week of all full-time employees shall be as Section 1. follows: (a) Clerical employees shall work six (8) hours per day with one hour for lunch, five days per week (Monday through Friday) for a total of thirty hours per week. The Town has the option to regularly schedule 30 hour employees between -14- 9:00 A.M. to 5:00 P.M. on any day(s) Monday to Friday but without an increase in weekly hours. Bmployee qualifications being equal, the ehoice of hours shall be given on a seniority basis. Five days notice shall be given for such ehanges in the regular schedule. (b) Building Inspectors shall work seven hours per day (8:30 A. M. to 4:30 1~. M. ) with one h6ur 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 4:00 1~. M. ) with one-half hour for lunch, five days per week (Monday through Friday) for a total of forty hours per week. (d) ttadio operators shall work eight hour rotating shifts with one- half hour for lunch, for a total of thirty-seven and one-half hours per week. ttadio operators who accumulate compensatory days in lieu of holidays, or overtime taken as compensatory time, during any ealendar year, shall be required to use such compensatory days or time earned up to December 1st of such year by the end of sueh ealendar year. (e) Bmployees assigned to work at the land-fill site shall work ten hours per day, four days per week, for a total of forty hours per week. Seetion 2. Part-time employees shall be required to work at sueh 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 Civfl Service Commission, and do not infringe upon the work sehedules of the full-time employees. -15- Section 3. The Town agrees that the Town Refuse Disposal Area shall be closed to the public on Easter and Christmas days and the employees assigned to work at said disposal area shall not be required to work on said days. ARTICLE IX GRIEVANCE PROCEDURE Section 1. All grievances of employees shall be settled in accordance with the existing grievance procedures established by the Town Board. ARTICLE X CSEA RIGHTS Section 1. The Town agrees to establish a Committee of six (6) 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. 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. It is contemplated by the parties hereto that, notwithstanding the starting wages set forth in Article VII, Section 1 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 -16- person is to be employed; two members to be selected by CSEA; and two members to be seleeted 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 CS~]A. 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, pro- vided that such use does not interfere with the use thereof by the Town for regular i Town busi~ess. Seetion 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 not become effective unless the same are in writing signed by the parties hereto. ARTICLE XII NO STRIKE PLEDGE Section 1. The CSEA does hereby affirm that it does not assert the right to strike against any government nor ass[st or participate in any such strike, or to impose any obligation to conduct, assist or participate in such strike. ARTICLE XIII APPROVAL Section 1. It is agreed by and betwecn the parties that any provision of this -17- agreement requiring legislative action to permit its implementation by amendment of law or providing the additional funds therefor, shall not beeome 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 shall not become effective until sueh approval has been g~anted. ARTICLE XIV APPORTIONMENT OF BENEFITS In thc event that the employment of any employee is terminated by reason of retirement, resignation or other cause, all benefits provided herein shall be pro- rated up to the date of such termination. ARTICLE XV WELFARE FUND Section t. The Town will make payments to the Suffolk County CSEA ~relfare Fund for the benefit o[ full-time employees in the amount of $250.00 per year for each full-time employee of the Town. Such payments shall be made in advance on a bi-monthly basis. The amount of each such payment shall be based on the number of full-time employees shown on the last payroll preceding such payment. An adjust- ment shall be made at the end of each bi-monthly period in increase payments (on a daily basis) for employees added to the payroll during the two month period subse- quent to the payment date and 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. -18- Section 2. CSEA represents that the Suffolk County 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 assuran- ces from the Trustees of said Welfare Fund as will satisfy the representations set forth in the preceding paragraph hereof. Section 3. 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 Suffolk County CSEA Welfare Fund after the same are paid to such fund pursuant to the provisions of this Article, nor does the Town assume any lia- bllity or responsibility whatsoever for the acts or omissions of the Suffolk County CSEA Welfare Fund in the administration of its affairs, against all of which the CSEA does hereby hold the Town harmless. ARTICLE XVI TERM OF AGREEMENT This agreement and all of the terms and conditions hereof shall become effective on January 1, 1981, and shall terminate on December 31, 1982. -19 IN WITNESS WHEREOF, the parties hereto have set their hands and seals this day of 1981o THE TOWN OF SOUTHOLD By William R. Pell III THE CIVIL SERVICE EMPLOYEES ASSOCIATION, INC., SUFFOLK CHAPTER, SOUTHOLD TOWN UNIT By -20-