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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, -3- 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. -4- (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 -5- 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 -7- 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 -8- 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 -9- 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. -13- 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 -14- 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. -15- 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 .