HomeMy WebLinkAboutCSEA ContractTOWN OF SOUTHOLD
with
THE CIVIL SERVICE EMPLOYEES
ASSOCIATION, INC., SUFFOLK
CHAPTER, SOUTHOLD TOWN
UNIT
AGREEMENT
THIS AGREEMENT made this /Y day of~e~,~, 1972, between
the TOWN OF SOUTHOLD, a municipal corporation of the State of New York,
having its principal office at 16 South Street, Greenport, Suffolk County,
New York. hereinafter 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 330 East Jericho Turnpike, Smithtown,
New York, hereinafter called "CSEA".
WHEREAS, CSEA has heretofore been duly recognized as the
employee organization to represent all persons holding a position by appoint-
ment 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,
Section 1. The
the parties hereto agree as follows:
ARTICLE I
RECOGNITION
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 settle-
ment of grievances;
(b) To membership dues deduction, upon presentation 5f dues
deduction authorization cards signed by individual employees; and
(c) To unchallenged representation status until seven months prio~c
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 Law and rules adopted pursuant thereto.
Section 3. The parties agree that they will each conduct negotiations
in good faith, exchange viewpoints, make proposals and counter proposals,
make available to each other alt relevant records, :~ata and information in
the possession of the other to the end that mutual understanding and agree-
ment may be reached with respect to the terms and conditions of employment
and the administration of grievances of the employee.
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 regula:~ly 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 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 eighteen (18t 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. F, mployees shall have the right to be represented by
-2-
persons of their choice, including representatives of CSEA, in all proceed-
ings 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. 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 8. 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 address advising him of such
position. Such employee shall accept or reject such offer within five (5)
days of the receipt of the notice and shah be given at least five (5) days from
the receipt of such notice to report for work.
Section 9. Unless otherr~ise provided by law, and subject to the
provisions of Section 7 and 8 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 classifi-
cations within each departrne~t, provided that the employee, in the opinion
of the department head, is competent by reason of ability, training, exper-
ience 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 depart-
ment, a list containing the names and the number of hours of overtime
worked by each employee of the department during the preceding month.
Section 10. 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 as an officer or
employee of the Town of Southold.
Section 11. Employees who sustain physical injuries in the course
of their employment with the Town, may, in the discretion of the department
head, 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 Workmen's Compen-
sation 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 12. PersonnelRecords.
(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
opportunity to examine the same and affix his signature thereon, which
-4-
signature shall indicate that the employee has examined the same and shall
hot 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 13. 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 14. The Town agrees to provide suitable uniforms for
School Crossing Guards.
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:
Completed Length
of service Vacation Credit
6 months 5 days
1 year 10 days
6 years 12 days
7 years 13 days
8 years 15 days
9 years 16 days
10 years 18 days
11 years 19 days
12 years 20 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.
-5-
Section 2. Unused vacation time may be accumulated up to a
maximum of thirty (30) days.
Section 3. Employees who are required to serve on jury duty shall
receive full salary during the period of such service, subject to their pay-
ment to the Town of all amounts received for such duty, exclusive of
expenses of travel and meals.
Section 4. Full-time employees shall be entitled to four (4) days
leave of absence with pay for the purpose of arranging for and attending the
funeral of the spouse, parent, or child of such employee.
Section 5. Full-time employees upon obtaining permission of the
department head, shall be entitled to one-half (1/2) day leave of absence
with pay in order to attend the funeral of a friend or relative of such
employee. 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 6. Employees shall be entitled to be absent from work at such
times and for such duration as the department head may in his discretion
approve for !.he purpose of attending to personal, family or business affairs.
Section 7. 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 8, 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 Towri,
nor more than one employee from each departmentlof the Town shall be
absent 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 9. Employees who shall be assigned [o 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 10. 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 such
period of leave of absence shall be restored to the same or comparable
position of employmentj 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 11. Upon request, full-time employees may be granted a
leave of absence without pay not exceeding one(l) year for reasons of health
of himself or his immediate family, provided however, that the necessity
therefor is certified in writing to the Town Board by a physician.
Section 12. Full-time employees shall be entitled to thirteen (13)
days sick leave with pay in each year after completing one year of service.
Such 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 [o 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 have such period of illness charged
against any unused sick leave, provided that a physician certifies to such
illness and the duration thereof in writing and [he vacation period of such
employee shall be extended accordingly. Any employee who becomes sick
-7-
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 re-
quest a written physician's certificate in all cases where an employee is
absent by reason of illness for more than three consecutive work days.
Section 13. Full-time employees shall be entitled to the following
holidays off with pay, to wit: the 1st day of January, known as New Year's
Day; the 12th day of February, known as Lincoln's Birthday; the third
Monday in February, known as Washington's Birthday, the last Monday in
May, known as Memorial Day, the 4th day of July, known as Independence
Day; the 1st. Monday in September, known as Labor Day; the second Monday
in October, known as Columbus Day; the Tuesday next succeeding the 1st.
Monday in November, known as Election Day; the 4th Monday in October,
known as Veteran's Day; the 4th Thursday in November, known as Thanks-
giving Day; and the 25th day of December, known as Christmas Day. In the
event, however, that it may be deemed necessary by the head of a depart-
ment 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 accordance with Section 4,
Article VI[hereof.
Section 14. Full-time employees shall be entitled to one (1) day
personal leave of absence with pay for personal business reasons, (personal
leave day) provided that the time for taking such leave shall be subject to
prior approval by the department head.
ARTICLE IV
HOSPITAI,IZATION
Section 1. The Town agrees to make available to the employees, the
(;roup IIealth and Plue Cross Health insurance plans provided by the State of
New York, whichever each employee shall desire. During the 1973 calendar
year, the Town shall pay 100% of the premium applicable to benefits afforded
to each employee and 50% of the premium applicable to benefits afforded to
dependents of each employee. On and after January 1, 1974, 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. 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 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 deduction from the
salary of each employee who has authorized the same in writing until auth-
orized in writing by such employee to discontinue, change or anlend such
-9-
deductions.
Section 3. Any employee authorization to discontinue dues deduction
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 AND COMPENSATION
Section 1. The base salary or wages of employees during
the term of this agreement shall be as follows:
(1)
per hour.
(2)
1973 calendar year - an hourly wage increase of $. 25
1974 calendar year - an hourly wage increase of $. 20.
Subject to the provisions of Article X, Section 2, hereof, all
persons hereafter commencing employment as laborers or mechanics
in the Highway or Public Works Department shall be compensated at
the rate of $3.35 per hour and $3.60 per hour, respectively and
shall receive wage increases of $. 25 per hour at the end of the
first, second and third year of service.
Section 2. Employees who are required to report to work due to
-10-
floods, storms or ,,!!~ ~ ~.,~', .f, .- '. :, aU i ~: ~ecmed flJr all purposes to have
commenced work whc~ ~,m!'i~ ..~ ~ .' , ~ ~<>~' v~<,rk. When possible in such
events, such ·
crop ~ , v~[~ {~* -, ~,; ~ ~,-.r~od ~f 45 minutes with~ which to
report for work.
minimum of thick, h,.ucf; , ~.]~?c*~,~'h '; :,{...n~[~ regular salary scale. Except
in the case of a forem;~u. ~t~'! J q~; 1..~ iv.o.mp]oy es~ shallbe called out
for emergency work.
Section 3. l~7~:~p](~y.~,..< ~.hr: ~}ai] ~,,. ~'c,~tiJi?ed ir, work in excess of
eight (S) hours in any ,3rim da.y !~ v'!~o ~:~}[t]'. ~,: ~equi?ed to work prior to or
after the normal work (h~ ot' ~,xc..i: .-mall ~. compenaated therefor at the rate
of one and one-h,d~ {1-1 ~., 'm ;]{,r'~:,i ra~.e of s:alarv r~r wages o~ at the op-
tion of the emp[cye,~ st~al] ~:< ?'iv.:~,~ : ,,~ xpe,~;aIory time off at the same rate,
The provisions of (bi~; l~?:zgr:~ k .:}.: {~ no~, however, apply to work performed
on any holiday sa! f(,r~h ~ x~'~,.%.: :,'~, ~cr?m 13 hereof.
Section 4. ,'~l[-~!..:~, ,:t~}> ,',y~.s: w'h~, shall bo required to work on any
holiday set forlh in /x.;~i,:l,. Iii, =.~..' ~(~i~ i3 hereof, shall ~eceive compensation
therefor at lhe rerl~dar ~m[~, ~f :~aln~'v or wages (in addition to receiving the
regular sa~lary , r' .~,::~f.. l.-~- .:. '. L .:,y~ :;~i;(; shall also be given compensatory
time off with pay, ~,~:~a~ ~,, ~h,. ;t,u,- ~,~,,r~:¢u-] on a.~.v suc~ holiday.
.~. "' ,..,, -,-; ~ recetve additional compensation
(15) years o'. service ~ ~. ~.~.,.r,i..,~ ~ ~ ~Jsr~; L~crease c,f 4%.
(b) I~mr)lc>yr.~s u'~b o~ I,,;,,~ filt,~en (15) years but less than twenty
(20) years o~' service sh~]i r'~ ~.~.~,,~ a s~alarv i~,crease of 5'5
(c} I'~m[)]o[fet,;4 ,~}~ mc,m~ ~i'an I ,:enty ~30) years of service shall
{d~ Such acM;*~,a~ ,~.,r,~,~ ,s:~ ~,r-~ as [~rovided in this section
eligible therefor.
Section 6. Employees who sha]l be required to use their private
automobile in the performance ,)f official Town business shall be compensated
therefor at the rate of tw~q~ ($. 1'2.~ ~er mile upon the presentation of a
voucher therefor to the T~wn
Section 7. Th~ ']',~wn shall prepare a salary schedule of employees
by departments as provided herein and thee same shall be a~mexed hereto.
Section 8. Whenever trader any provision hereof, an employee is
entitled to compensatory time-off, the same shallbe taken at such time and
for such duration as shall be ~nutuatly agreed to by the employee and the
department head of the department [~ which he is employed.
AI{TICI~E VIII
[{O[~RS OF WORK
Section 1. Fhe n~,r~,~:~l work week of all employees shall be as
follows:
(a) Full-[into clerical en-.r~loyees shall be required to work six
hours per day, fivt~ days [~er w~:ek t'~r a total of thirty hours per week.
(b~ Ail ,~ih~- t'utl.--iin~e (u,~,)loyees shall be required to work eight
hours per day, fi~e days per week for a roi:al of forty hours per week.
(c) l'art-~im~. ~.~l,ioyees shall be required to work at such times
and on such schedules as ihe~ir services may he required by the head of the
deparimen[ in which e~r~pt()yed, provided that such schedules co~form to the
rules of the Suffolk ('ou,ty /'~v~l Service Commission, and do not infringe
upon th~ work schedules ~1' the l'llll-~ime emph>yees.
Set,icon 2. The ['~,~n a~r~es Ihat ~lne Town r~e~use I)isposal Area
shall be closed ~r~ ~he Fm~li~' ~m [qc~s~or a~t ('hr~strr~as days and the employees
assip?~,d t~> wr~rk al said di~q),~sal ar~-a~ shall ~r~l, be perltt~ped fo work on said
days.
AI~ TICLE 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 Bighways, and
two Town Board members. This 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 effect the Town and its
employees. Any decisions made by this committee shall not be binding upon
either party until ratified or approved by the CSEA [[nit 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, notwithstand~g
the starting wages set forth inArticle VII, Section 1, (e) hereof, it may be
necessary from time to time, to employ persons at a starting wage above
the amount set forth in Article VII, Section 1, (c). in such event, it is
agreed by the parties hereto that a committee to consist of five members shal~
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 he selected by CSEA; and two members to be
selected by the Town Board.
Section 3. The Town agrees to provide a bulletin hoard 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
-13-
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 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 a strike.
ARTICLE XIII
APPROVAL
Section 1. It is agreed by and between the parties tha£ 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 gi-ven approval.
Section 2. It is agreed by and between the parties that any provision
of this agreement requiring approval by federal authorities pursuant to the
Economic Stabilization Act of 1970, as amended, shall not become effective
until such approval has been granted.
ARTICLE XIV
TERM OF AGREEMENT
Section 1. This agreement and all of the terms and conditions hereof
-14-
shall become effective on January 1, 1973, and shall terminate on
December 31, 1974.
IN WITNESS WHEREOF, the parties hereto have set their hands and
seals this /~" day of ~,~, 1972.
THE TOWN OF SOUTHOLD
THE CIVIL SERVICE EMPLOYEES
ASSOCIATION, INC., SUFFOLK CHAPTER
SOUTHOLD TOWN UNIT
By ~ r~,~s4 4.~/.4
r- e 1Oen~
-15-
HIGHWAY DEPARTMENT SALARIES, January 1, 1973
Long. %
Frank Arnold ..................... $4.57 ..... 4% ..... 18~ ........ $4.75
Paul Baker ....................... 4.53 ..... 6% ..... 27¢ ........ 4.80
John Bakowski .................... 4.10 ..... 5~----20¢ ........ 4.30
William Bond ..................... 4.10 ....................... 4.10
George Capon ..................... 4.10 ....................... 4.10
Milton Folts---(Foreman) ......... 4.20 ....................... 4.20
Charles Goldsmith ................ 5.25 ..... 6% ..... 31¢ ........ 5.56
Russell Goldsmith ................ 4.10 ....................... 4.10
Paul Grattan ..................... 4.10 ....................... 4.10
Robert Hubbard ................... 4.10 ....................... 4.10
Raymond Jacobs---(Foreman) ....... 4.20 ....................... 4~20
Stanley Januskewicz-~Foreman) ..... 4.57 ..... 5% ..... 23¢ ........ 4.80
Jason Klipp ...................... 4.10 ....................... 4.10
John Malinauskas ................. 4.10 ..... 5% ..... 20¢ ........ 4.30
Paul Mellas---(E) ................ 4.00 ....................... 4 00
Leon Milden---(E) ................ 4.00 ....................... 4 00
Arthur Ruroede ................... 3.35--(raise-6-29-73-$3.60) 3 35
Leo Sledjeski .................... 4.10 ....................... 4 10
Frank Slavonik ................... 4.10 ..... 4% ..... 16¢ ........ 4 26
Russell Smith .................... 4.10 ..... 6% ..... 25¢ ........ 4 35
Harvey Strange ................... 4.10 ....................... 4 10
Henry Tyler ...................... 4.10 ....................... 4 10
Arnold Wilson .................... 4.10 ....................... 4 l0
Frank Wisniewski ................. 4.10 ....................... 4 10
William Witt ..................... 4.25 ....................... 4 25
Mario Zanghetti---(M) ............ 3.93 ....................... 3 93
Donald Aanestad---(M) ............ 4.35 ....................... 4 35
Andrew Kehl--(Foreman)--(M) ...... 4.45 ..... 4% ..... 18¢ ........ 4 63
Roscoe King ...................... 4,00 ....................... 4 00
Carl Stepnowski---(M)---(E) ...... 3.75 ....................... 3 75
George Tyler---(M) ............... 4.35---Step--+25 ........... 4 35
Thomas Quillin ................... 4.10 ....................... 4.10
Frank Zinna ...................... 4.10 ....................... 4.10
John Nierodzik-(E) ....................................... $6,000.00
Ray Latham ....................... 4.25 ..... 5% ..... 21¢ ........ 4.45
Henry Latham ..................... 3.90 ....................... 3.90
John Goodwin ..................... 3.90 ....................... 3.90
Ray White ........................ 3.90 ....................... 3.90
Total
per hr.
per yea~
(M) Mechanic (E) Emergency Employment Act