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HomeMy WebLinkAboutCSEA Contract THIS AGREEMENT made this ~/ day of ~-~L__ , 1970, the TOWN OF SOUTHOLD, a municipa£ corporation of the State of New ~ 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 ali 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 co£1ectiveLy 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 t3 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 unchalienged representation status until 120 days prior to the 1972 budget submission date, Section 2.--l~,4)-days prior to the termination of CSEA as the employee organization, 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 proposais and counter proposals, make available to each other ail relevant records, data 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 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 employees, "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 employees, "when used herein shall mean those employees of the Town of Southold who 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 thirty (30) months of continuous service to the Town shall be granted the protection of the ~pplicable provisions of Article 5 of the Civil Service Law. -2- Section 5. Employees shall have the right to be represented by 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), provided that the president of CSEA shall be laid off last. 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 previous 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 shall be given at least five (5) days from the receipt of such notice to report for work. Section 9. Unless otherwise provided by law, and subject to the provisions of Section 6, 7 and 8 of this Article~ in cases of promotion, trans- fer 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 classi- fications within each department, 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. --3- Section 10. The Town sha£1provide legal services to an employee against whom an action or proceeding has been commenced [nvolving any matter occuring within the scope of his employment as an officer or employee of the Town of Southo£d. 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 eligib£e 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. 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) Ony one employee personnel file shall be maintained which shall contain ail 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 an opportunity to examine the same and affix his signmurethereon, 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 -4- personnel file a written answer to any derogatory material in said file. Seetion 13. The Town agrees to provide a 25 year non-contributory retirement plan for the benefit of the employees and to pay the entire cost thereof. Section 14. Notice of all positions of employment to be fiLle~ shail be posted on availabie 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. ARTICLE III VACATIONS AND LEAVES OF ABSENCE A££ fulL-time employees shall be entitled to the follow[ng Section 1. vacation time: Employees with at £east six (6) months but Less than one (1) year service - five (5) working days vacation. (b) Employees with at least one (1) year but tess than five (5) years service - ten (10) working days vacation a year. (c) Employees with more than five (5) years of service shall be entitled to ten (10) days plus one (1) day for each year of service over five years provided, however, that no employee shall be entitled to more than twenty (20) days vacation. (d) Payment for earned vacation shall be paid to such employee prior to the 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. 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 shalire- ceive full salary during the period of 'such service, subject to their payment -5- to the Town of all amounts received for such duty, travel and meals. Section 4, exclusive of expenses of Full-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, parent, or child of such employee. Section 5. Ful£-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 re£ative of such emp£oyee. The leave of absence for funeral purposes shall be in addition to any other leave of absence to which such empIoyee 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 the purpose of attending to personal, family or business aff~vir s. Section 7. An employee who shatlbe absent without authorization therefor, for which no satisfactory explanation is given, shah 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 the 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 Town, nor more than one employee from each department of 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. -6- Section 9. 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 10. Upon request~ full-time employees may be granteda 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 employment, if the same is available, l~art-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 (1) year for reasons of health of himself or his immediate family, provided however, that the nec- essity 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 wifh 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, l~art-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 120 days. An employee who shall become sick while on vacatior; may have such period of illness charged against any unused sick leave, provided that a physician certifies to such il.~ness and the duration thereof in writing and the vacation period of such employee shall be extended accordingly. An 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 re- quest a written physician's certificate in ail 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 Mon- day 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 Ist 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 shali be compensated therefor in accordance with Section 4, ArticLe VI hereof. Section 1. ..... AR ~ICLE IV HOSPITALIZATION The Town agrees to make available to the employees, the Group HeaLth and Blue Cross Hea~th insurance plans provided by the State of New York, whichever each employee shall desire. The Town sha[! 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. ARTICLE V DUES DEDUCTION Section 1. Dues deductions shall be made uniformly and consistently -8- by the Town on each payro£i 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 authorized in writing by such employee to discontinue, change or amend such deductions. Section 3. Any emp£oyee authorization to discontinue dues deduction shall be in duplicate signed by such employee and submitted through the senior CSEA officer to the Supervisor, who shall promptly mail one copy thereof to the Treasurer of CSEA. Section 4. The Town shall assume no £iabi£ity or responsibility for the disposition of dues deductions after the same are paid over to the Treasurer of CSEA. ARTICLE VI SALARIES AND COMPENSATION Section 1. Full-time employees shall receive an increase in salary or wages commencing on January 1, 1971, in the amount of thirty-six cents ($. 36) per hour. The Town agrees that it will endeavor to adjust the wages of employees of the department of public workds of the Town to the end that the same will be commensurate with the wages received by employees in the highway department for similar job classifications and working conditions. Section 2. Employees who are required to report for werk due to floods~ storms or other emergency shallbe 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 of within which to report for work. Such employees, when required to work, shall receive a minimum of two hours compensation at the rate of one and one-half (1-1/2) the regular salary scale. Section 3. Employees who shall be required to work in excess of -9- eight (8) hours in any day or who shall be required to work prior to or after the normal work day or week shall be compensated therefor at the rate of one and one-half (1-1/2) 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 holiday set forth in Article III, Section 13 hereof. Section 4. Full-time employees who shall be required to work on any holiday set forth in Article III, Section 13 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) and shall also be given compensatory time-off with pay, equal to the time worked on any such holiday. Section 5. Full-time employees shall receive additional compensa- tion based upon length df service in the Town as follows: (a) Employees with at [east 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 sha£1 receive a salary increase of 5%; (c) Employees with more than twenty (20) years of service shall receive a salary increase of 6%; (d) Such additional compensation as provided in this section shall commence on the first day of the month in which an employee becomes eligible therefor. 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 of twelve cents ($. 12) per mile upon the presentation of a voucher therefor to the Town Board. Section 7. The Town shall prepare a salary schedu£e of employees by departments as provided herein and the same shall be annexed hereto, as Schedule A. Section 8. Whenever under any provision hereof, an emp£oyee 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. ARTICLE VII HOURS OF WORK The normal work week of ali employees shall be as Section 1. foilows: (a) Full-time clericai employees shall be required to work six hours per day, five days per week for a total of thirty hours per week. (b) Ali other full-time employees shall be required to work eight hours per day, five days per week for a total of forty hours per week. (c) 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 conform to the rules of the Suffolk County Civil Service Commission, and do not infringe upon the work schedules of full-time employees. Section 2. 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 shailnot be required to work on said days. Section 1. accordance with the existing grievance procedures Board. ARTICLE IX Section 1. ARTICLE VIII GRIEVANCE PROCEDURE All grievances of employees shall be settled in established by the Town CSEA RIGHTS '" '~'~ ~,'/ The Town agrees to establish a committee~o meet when necessary wi~h a airnitar eor~rn'ltt~'~t~Y~e"~'g'i~aB~i'sh~'dI bythe CSEA for the purpose of deating ~ith employee grievances and working conditions and such other matters as effect the Town and its emptoyees. Section 2, The Town agrees to provide a butletin board at a convenient location for the posting of notices retative to the business and affairs of CSEA. Section~. The officers and members of CSEA shat~ have the right t6 use Townbu[tdings, whenavaitabte, 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. SectionR. Officers ofCSEA sha£t, when possibte, be given priority over other employees in the scheduling of vacation time. ARTICLE X AMENDMENT S Section 1. Any changes or amendments to this agreement shatt not become effective umess the same are in writing signed by the parties hereto. ARTICLE XI 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 any such strike, or to impose any obtigation to conduct, assist or participate in such a strike. ARTICLE XII LEGISLATIVE APPROVAL Section 1. It is agreed by and between the parties that any provision of this agreement requiring [egistative action to permit its [mptementation by amendment of taw or providing the additionat funds therefor, shat[ not become effective untit the appropriate [egistative body has given approval. -12- ARTICLE XlII TERM OF AGREEMENT Section 1. This agreement shall become effective on January 1, 1971, and sha[lterm[nate on December 31, 1971. IN WITNESS WHEREOF~ the parties hereto have set their hands and seals this 31st day of December~ 1970. THE TOWN OF SOUTHOLD Supervisor THE CIVIL SERVICE EMPLOYEES ASSOCIATION INC. , SUFFOLK CHAPTER, SOUTHOLD TOWN UNIT. THE CIVIL SERVICE EMPLOYEES ASSOCIATION I~C~, SU,~FFOI~CHAPTER