HomeMy WebLinkAboutCSEA Contract THIS AGREEMENT made this ~ ~- day of January, 1977,
between the TOWN OF SOUTt[OLD, a rnunicipal 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, SOUTItOI_,D 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
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, TIIEREFORE, the parties hereto agree as follows:
ARTICLE I
RE COGNITION
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
Law and rules adopted pursuant ti]ereto.
Section 3. The parties agree that they will each conduct
negotiations in good fai£i~, 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 employee.
ARTICLE II
PROTECTION OF EMPLOYEES
Section 1o Employees appointed from a va]id Civil Service list
shall be granted the protection afforded to them by the applicable pro-
visions 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 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 (t8) 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, 1978 unless there is
just cause therefor.
Section 8. In the event that it is necessary to lay-off full time
employees, the Town agrees that the same will be accomplished on the
basis of seniority within job classifications within each department (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 pre-
ceding 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 10. Unless otherwise provided by law, and subject to
the provisions of Section 8 and 9 of this Article, in cases of promotion,
transfer from one position to another, filling new or vacant positions,
or the assignment of employees to overtime work on a rotating basis,
the Town agrees to accomplish the same on the basis of seniority within
job classifications within each department, provided that the employee,
in the opinion of the department head, is competent by reason of ability,
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training, experience and fitness to properly perform the duties of such
position.
On or about the 10th day of each month, the department head of
every department of the Town shall post in a conspicuous place within the
department, a list containing the names and the number of hours of over-
time worked by each employee of the department during the preceding
month.
Section 11. The Town shall provide legal services to an employee
against whom an action or proceeding has been commenced involving any
matter occuring within the scope of his employment as an officer of
employee of the Town of Southold.
Section 12. Employees who sustain physical injuries in the
course of their employment with the Town, may, in the discretion of the
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 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. 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.
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(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 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.
ARTICLE III
VACATIONS AND [,EAVES OF ABSENCE
Section 1. All full-time employees shall be entitled to vacation
time in accordance with the following schedule:
Completed Length
of service
6 months
I year
6 years
7 years
8 years
9 years
10 years
11 years
12 years
Vacation Credit
5 days
10 days
12 days
13 days
15 days
16 days
18 days
19 days
20 days
(a) Payment for earned vacation shall be paid to such
employee prior to commencement of such vacation provided tkat the
employee gives written notice of the time of the commencement thereof
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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 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. 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 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
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.
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 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 employment, if the same is available. Part-time employees
may be granted a leave of absence without pay for reasons of pregnancy
at the discretion of the Town Board.
Section 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 tile
necessity therefor is certified in writing to the Town Board by a
physician.
Section 12. Upon completion of one year of service, full-time
employees shall be entitled to fifteen (15) days sick leave with pay.
Full-time employees with less than one year of service shall be entitled
to one (1) day of sick leave with pay for each month of service. Part-
time employees who work at least five days in each week shall be
entitled to one (1) day sick leave with pay for each month after the first
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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, pro-
vided that a physician certifies to such illness and the duration thereof in
writing and the vacation period of such employee shall be extended
accordingly. Any employee who becomes sick while at work, who is
required to leave work will be charged for one-half day of sick leave if
he worked at least 50% of the normal work day, otherwise he will be
charged for a full day of sick leave. A department head may request a
written 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 13. 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 I,incoln'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 occurs on a Saturday, the
preceeding 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
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necessary by the head of a department that certain employees are re-
quired 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 compen-
sated therefor in accordance with Section 4 of Article VII hereof.
Section 14. Full-time employees shall be entitled to two (2)
days personal leave of absence with pay in each calendar year for
personal business reasons, (personal leave days) provided that the time
for taking such leave shall be subject to prior approval by the department
head.
ARTICLE IV
HOS PITA LIZA TION
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 OTttER F, MPLOYEE 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 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
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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 consistent-
ly 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 disposition of dues deductions after the same are paid over to the
Treasurer of CSEA.
ARTICLE VII
SALARIES, COMPENSATION AND .lOB CLASSIFICATIONS
Section 1.
(a) Full-time employees in the Ilighway and Public Works
Departments in the following job classifications shall be paid the basic
hourly wage rate set opposite each such classification for the 1977
calendar year, to wit:
Position Hourly Wage
Probationary Laborer (less than one year servicel $4.60
1st year Laborer (one year or more of service) 4.95
2nd year Laborer (two years or more of service) 5.30
Automotive Equipment Operator 5.45
Heavy Equipment Operator (Tradesman) 5.65
2nd class Mechanic 5.65
1st class Mechanic 5.85
2nd class Foreman 5.75
1st class Foreman 5.95
(b) During the 1977 calendar year, full-time employees
not set forth in subdivision (a) above shall receive the base salary or
wages received by them on December 31, 1976, increased, however,
by the hourly wage rate of $. 30.
(c) The annual salary (exclusive of longevity) of each
full-time employee for the 1978 calendar year shall be his 1977
base salary, increased by the same percentage that the consumer
price index published by the Bureau of Labor Statistics applicable
to the area in which the Town of Southold is located, for September
1977, shall be in excess of the same index for September, 1976,
provided, however, that such salary increase shall not be less than
4% nor more than 6%.
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. 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 case of a foreman, not
less than two employees shall be called out for emergency work.
Section 3. Employees who shall be required to work in excess
of eight (8) hours in any one day shall be compensated therefor at the
rate of one and one-half (l-l/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 holiday set forth in Article
Section 13 hereof.
Section 4. l.'ull-time emptoyees who shall he 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 shallreceive 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 commence on the first day of the month in which an employee
becomes eligible therefor.
Section 6. Employees who shall be reqnired to use their private
automobile in the performance of official Town business shall be
compensated therefor at the rate of thirteen ($.13) 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 departments as provided herein and the same shall be
annexed hereto.
Section 8. Whenever under any provision tlere(ff, an employee
is entitled to compensatory time-off, the same shall be taken at such
time and for such duration as shall be mutually agreed to by the employee
and the department head of the department in which he is employed.
ART[CI,E VIII
HOURS OF WORK
Section 1. The normal work week of all employees shall be as
follows:
(a) Full-time clerical employees shall be required to work
six hours per day, five days per week for a total of thirty hours per week.
(b) All 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
shall conform to the rules of the Suffolk County Civil Service Commission,
and do not infringe upon the work schedules of the full-time employees.
Section 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 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.
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ARTICLF~ ~<
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 wi th 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 CSI%'A
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 person is to be employed; two members to be selected by
CSEA; and two members to be selected by the Town Board.
Section 3. The Town agrees to provide a bulletin board at a
convenient location for the posting of notices relative to the business and
affairs of CSEA.
Section 4. The officers and members of CSEA shallhave the
right to use Town buildings, when available, for meetings of its members
and committees, provided that such use does not interfere with the use
thereof by the Town for regular Town business.
Section 5. Officers of CSEA shall, when possible, be given
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priority over other employees in the scheduling of vacation time.
ARTICLE XI
A MENDME NTS
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 PI,EDGE
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
A I'I~ROVA l,
Section 1. It is agreed by and between the parties that any
provision of this agreement reqniring legislative action to permit its
implementation by amendment of law or providing the additional funds
therefor, shall not become effective until the appropriate legislative
body has given approval.
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
This agreement and all of the terms and conditions hereof shall
become effective on January 1, 1977, and shall terminate on December 31,
1978.
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IN WITNV~SS WIIERI~,OF, the parties hereto have set their
hands and seals this ~-~ day of January, 1977.
THE TOWN OF SOUTHOLD
Albert M. Martocchia, Supervisor
THE CIVIL SERVICE EMPLOYEES
ASSOCIATION, INC., SUFFOLK
CHAPTER, SOUTHOLD TOWN UNIT
By Presid~n~k J ~ -k .