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HomeMy WebLinkAboutCSEA Contract THIS AGREEMENT made this day of ,/~'~-~, 1969, between the TOWN OF SOUTHOLD, a municipal corporation of the State of New York, hereinafter called the "Town" and the SOUTHOLD TOWN UNIT OF CIVIL SERVI'CE EMPLOYEES ASSOCIATION, INC.· a membership corporation of the State of New York, hereinafter called "CSEA"o WHEREAS, CSEA has heretofore been duly recognized as the employee organization to represent all persons holding a position by appointment or employment in the Town except uniformed members of the police department of the Town, hereinafter referred to as "employees" for the purpose of negotiating collectively with the Town in the determination of the terms and conditions of employment and to enter into written agreements with respect thereto. NOW, THEREFORE, the parties hereto agree as follows: ARTICLE I RECOGNITION Section 1. The Town does hereby recognize CSEA as the exclusive employee organization to represent the employees and extends to 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 120 days prior to the 1971 budget submission date. Section 2. 120 days prior to the termination o£ 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 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 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. 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 applicable provisions of Article 5 of the Civil Service Law. Section 3. 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 4. 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 employees in such department. -2- Section 5. In the event that it is necessary to lay-off 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 before permanent employees). Section 6. 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 three (3) days of the mailing of the notice and shall be given at least five (5) days from the mailing of such notice to report for work. Section 7. Unless otherwise provided by law, and subject to the provisions of Sections 5 and 6 of this Article, in cases of promotion, trans- fer from one. position to another, or filling new or vacant positions, the Town agrees to accomplish the same on the basis of seniority within job classifications within each department, provided that the employee, in the opinion of the department head, is competent by reason of ability, training~ experience and fitness to properly perform the duties of such position. Section 8. The Town shall provide legal services to an employee against whom an action or proceeding has been commenced involving any matter occurring within the scope of his employment as an officer or employee of the Town of Southold. Section 9. Employees who sustain physical injuries in the course of their employment with the Town shall continue to receive full salary dur- ing the period of incapacity or until eligible for a disability pension, or death whichever shall first occur. Any sums received by such employee -3- under the provisions of the Workmen'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 10. 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 sueh 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 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 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 11. 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 12. 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 13. The Town agrees to provide suitable uniforms for School Crossing Guards. -4- ARTICLE III VACATIONS AND LEAVES OF ABSENCE Section 1. All permanent full-time employees shall be entitled to the following vacation time: (a) Employees with at least six (6) months but less than one (1) year service - five (5) working days vacation. (b) Employees with at least one (1) year but less than five (5) years service - ten (10) working days vacation each 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 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. A permanent full-time employee 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. A permanent full-time employee, upon obtaining permission of the department head, shall be entitled to one (1) day leave of -5- 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 the 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 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 absent for all employees for such purpose shall not exceed ten (10) days in any calendar year. 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, permanent 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 compar- able position of employment if the same is available. Temporary or 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, permanent, 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 that the necessity therefor is certified in writing to the 'Town Board by a physician. Section 12. Permanent 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 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 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 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. Section 13. All permanent full-time employees shall be entitled to the following holidays off with pay, to wit: New Year's Day, Lincoln's Birthday, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day and Christmas Day. In the event, however, that any of said holidays occur on a Saturday, said employees shall be entitled to have Friday off and if any holiday falls on Sunday, said employees shall be entitled to have Monday off. -7- In the event however that it may be deemed necessary by the head o~ { 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 shall agree to do so if they are given compensatory time off in lieu thereof. 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 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 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 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. -8- ARTICLE VI SALARIES AND COMPENSATION Section 1. Permanent full-time employees shall receive an increase in salary or wages commencing on January 1, 1970 in an amount equal to six (6%) percent of their present salary or wage. The Town agrees that it will endeavor to adjust the wages of employees of the department of public works 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 work due to floods, storms or other emergency shall be deemed for all purposes to have commenced work when notified to report for work. When possible in such events, such employees will be given a period of 45 minutes within which to report for work. Such employees, when required to work, shall receive a minimum of three hours compensation at their regular salary scale. Section 3. Employees who shall be required to work in excess of 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 shall be given compensatory time off at the same rate. Section 4. Permanent full-time employees shall receive additional compensation based upon length of service in the Town as follows: (a) Employees with at least ten (t0) 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%; -9- (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 5. 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 per mile upon the presentation of a voucher therefor to the Town Board. Section 6. The Town shall prepare a salary schedule of employees by departments as provided herein and the same shall be annexed hereto. ARTICLE VII HOURS OF WORK Section 1. The normal work week of all permanent full-time employees shall not exceed forty (40) hours. ARTICLE VIII GRIEVANCE PROCEDURE Section 1. All grievances of employees shall be settled in accordance with the existing grievance procedures established by the Town Board. ARTICLE IX CSEA RIGHTS Section 1. The Town agrees to establish a committee to meet when necessary with a similar committee to be established by the CSEA for the purpose of dealing with employee grievances and working conditions and such other matters as effect the Town and its employees. Section 2. The Town agrees to provide a bulletin board at a convenient location for the posting of notices relative to the business and affairs of CSEA. Section 3. The officers and members of CSEA shall have the right to use Town buildings, when available, for meetings of its members and committees, provided that such use does not interfere with the use thereof by the Town for regular Town business. Section 4. Officers of CSEA shall, when possible, be given priority over other employees in the scheduling of vacation time. ARTICLE X 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 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 obligation 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 legislative action to permit its implementation by amendment of law or by providing the additional funds therefor, shall not become effective until the appropriate legislative body has given approval. -11- ARTICLE XIII TERM OF AGREEMENT Section 1. This agreement shall become effective on January 1, 1970 and shall terminate on December 31, 1970. IN WITNESS WYIEREOF, the parties hereto have set their hands and seals this ~/ '~ day of /~ ~ 1969. THE TOWN OF SOUTHOLD S~ipervisor SOUTHOLD TOWN UNIT OF CIVIL SERVICE EMPLOYEES ASSOCIATION, INC, By -12-