Loading...
HomeMy WebLinkAboutCSEA Contract AGREEMENT BETWEEN THE TOWN OF SOUTHOLD AND THE CIVIL SERVICE EMPLOYEES ASSOCIATION, LOCAL 1000 AFSCME AFL-CIO INCORPORATED JANUARY 1, 1992 - DECEMBER 31, 1993 AMENDMENTS BEREAVEMENT LEAVE CIVIL SERVICE PROTECTION COMPENSATORY TIME C.S.E.A. RIGHTS DEFINITIONS DUES DEDUCTION ELECTRICIANS LICENSE EMPLOYEE BENEFIT FI/ND FULL-TIME EMPLOYEE GOOD FAITH AGREEM~I~ GRIEVANCE PROCEDURE HOLIDAYS HOSPITALIZATION HOURS OF WORK INJURIES JURY DUTY LAY OFFS LEGAL SERVICES LEAVE OF ABSENCE LONGEVITY MILAGE ALLOWANCE NEGOTIATING COMMITTEE NO STRIKE PLEDGE O~-ERTIME PART TIME EMPLOYEES PERSONAL LEAVE PERSONNEL RECORDS POSTING OF POSITIONS RECALL RECOGNITION CLAUSE REFUSE DISPOSAL AREA RETIREMENT BENEFITS REPRESENTATION SECTION 35 14 5 20 34 4 24 31 22 4.1 2 33 18 21 32 9 13 ? 8 16 28 30 3 36 27 4.2 19 10 5.4 26 1 32.8 23 5.3 PAGE 17 2 9 16 2 10 13 9 1 15 9 14 5 3 3~ 6 13 13 2 17 12 2 8 4 2 12 1 15 10 2 SALARIES SENIORITY SHIFT DIFFERENTIAL SICK LEAVE · TERMINATION BENEFITS TERM OF AGREEMENT UNAUTHORIZED ABSENCE UNIFORMS VACATIONS SECTION 25 6 29 17 38 39 15 11 12 PAGE 11 3 13 7 17 17 6 4 5 THIS AGREEMENT made this day of 1992, between the TOWN OF SOUTHOLD, a municipal corporation of the State of New York, having its principal office at 53095 Main Street, Southold, Suffolk County, New York, hereinafter called the "TOWN" and the C.S.E.Ao Inc. Local 1000 AFSCME AFL-CIO, Southold Unit, a membership corporation of the State of New York, with offices located at 143 Washington Avenue, Albany, New York, hereinafter called "CSEA". WHEREAS, CSEA has heretofore been d~ly recognized as the employee organization to represent all persons holding a position by appointment or employment in the Town except elected officials of the Town, the Town Attorney, Assistant Town Attorney, Assistant Superintendent of Highways, secretary to the TownSupervisor, secretary to the Town Attorney, comptroller of the Town and uniformed police officers of the police department of the Town, hereinafter referred to as "employees" for the purpose of negotiating collectively with the Town in a determination of the terms and conditions of employment and to enter into written agreements with respect thereto. Sec. 1. RECOGNITION. 1.1 The Town does hereby recognize C.S.E.A. 1Dc. LOCAL i000 AFSCME AFL-CIO, Southold Unit as the exclusive employee organization to represent the employees and extend to C.S.E.A. 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, per the Taylor Law. as Sec. 2. GOOD FAITH AGREEMENT 2.1 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 agreement may be reached with respect to the terms and conditions of employment and the administration of grievances of the employees. Page - 1 Sec. 3. NEGOTIATING COMMITTEE 3.1 The C.S.E.A. negotiating committee shall consist of no more than five employees who are negotiating on Town time. No more than five negotiation sessions will be held during the normal work day without the consent of,both parties. Sec. 4. DEFINITIONS. For the purposes of.this Agreement, the following definitions shall apply: 4.1 "Full-time employee" means those employees who regularly work twelve months per year, five days per week and not less than seven hours per day. 4.2 "Part-time employee" means those employees who regularly work less than twelve months per year, or who work less than a five day week, or who work less than a seven hour day. Sec. 5. CIVIL SERVICE PROTECTION 5.1 Employees appointed from a valid Civil Service list shall be granted the protection afforded to them by the applicable provision of Article 5 of the Civil Service Law. 5.2 Full-time employees in the non-competitive class who shall have rendered twelve (12) months of continuous service shall be granted the protection of the applicable provisions of Article 5 of the Civil Service Law. 5.3 Employees shall have the right to be represented by persons of their choice, including representatives of C.S.E.A., in all proceedings relative to grievances, disciplinary proceedings and the terms and conditions of employment. - 5.4 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 thereof. 5.5 Prior to creating a new position and rate, the Town shall notify the Association President in writing. The Association and Town will confer within 15 days to discuss the new title. If no agreement is reached, the new position may go into effect at the expiration of the 15 days, subject to negotiations at the next round of bargaining. Page - 2 Sec. 6. SENIORITY 6.1 Seniority shall be deterq~ined on the basis of continuous 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. Unless otherwise provided by law, seniority for · full-time employees shall include full credit for each year of full-time employment in the service of the Tow]7, and 1/2 year credit for each year of any part-time service with the Town. 6.2 Unless otherwise provided by law, and subject to the provisions of Sec. 7. (LAY OFFS), 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 t_he 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 fitn~.~:~ ~-~operly perform ~ne duties of such position. sec. 7. LAY OFFS 7.1 During the term of this agreement, the Tow~ shall not lay off employees hired prior to December 31, 1980, unless there is reasonable cause therefor. 7.2 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 first laid off). 7.3 When it is n~cessary 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 the employee's last know, address advising of same. ~ Sec. 8. LEGAL SERVICES 8.1 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 employment as an officer or employee of the Town. Page - 3 Sec. 9. INJURIES SUSTAINED IN THE COURSE OF EMPLOYMENT 9.1 Employees who sustain physical injuries in the course of their employment with the Town may, in the discretion of the Town Board, 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 salary during such period of incapacity, any sums received by such employee under the provisions of the Workers' Compensation Law for lost earnings as a result of such injury shall be paid by such employees 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. SEC. 10. PERSONNEL RECORDS 10.1 Any employee shall be entitled.to examine their official personnel file, upon making request therefor to the person having custody of said records. 10.2 Upon request, any employee shall be furnished with a copy of any material in their personnel file. 10.3 Only one employee personnel file shall be maintained which shall contain all material with respec~ to such employee. 10.4 No material derogatory to any employee, his or her conduct, character or service shall be placed in their personnel file unless he or she has been given the opportunity to examine the same and affix their signature thereon,, which signature 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 files. SEC. 11. UNIFORMS 11.1 Uniforms supplied to Public Safety Dispatchers will be cleaned at Town Expense, by the Town selected cleaning service. Page - 4 SEC. 12. VACATIONS 12.1 Ail full-time employees shall be entitled to vacation time in accordance with the following schedule: Length of Service Vacation Credit · After 6 months Start of 2nd year through the Start of Start of Start of Start of Start of Start of 5 days 3rd year 10 days 4th year through the 6th year 12 days 7th year through the 9th year 15 days 10th year through the llth year 18 days 12th year through the 14th year 20 days 15th year through the 19th year 23 days 20th year and thereafter 25 days 12.2 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. 12.3 The head of each department shall approve the vacation schedules for the employees in the respective departments. 12.4 Not more than twelve (12) days of unused vacation time may be carried over into the succeeding year. SEC. 13 JURY DUTY 13.1 Employees who are required to serve on jury duty shall receive full salary during the period of such set vice, subject to their payment to the Town of all amounts received for such duty, exclusive of expenses of travel and meals. Page - 5 SEC. 14 BEREAVEMENT LEAVE 14.1 Full-time employees shall be entitled to three (3) days leave of absence with pay for the purpose of arranging and attending the funeral of the spouse, child, parent, brother, sister, parent-in-law, son-in-law,, or daughter-in- law of such employee. A full-time employee shall be granted one working day with pay to attend the funeral on the employee's working day of the employee's grandparents, brothers-in-law, sisters-in-law, half-brothers or half- sisters, or other relatives living in the household of the employee unless additional time is authorized by the Supervisor. 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. SEC. 15 UNAUTHORIZED ABSENCE 15.1 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. SEC. 16 LEAVE OF ABSENCE 16.1 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 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. 16.2 Upon request, full-time employees may be granted a leave of absence without pay not exceeding one (1) year for reasons of health of him or herself or their immediate family, provided, however, that the necessity therefor is certified in writing to the Town Board by a physician. Page - 6 SEC. 17 SICK LEAVE 17.1 Upon completion of one year of service, full-time employees shall be entitled to fifteen (15) days ~ick 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 employee~wha work at least five days in each week shall b~ entitled t~ one (I) day sick leave with pay for each month after the first month of work. 17.2 Unused sick leave may be accumulated up tm a maximum of 270 days. 17.3 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. 17.4 An employee who becomes sick while at work, w~o is required to leave work will be charged for one half day cf 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. 17.5 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. 17.6 Upon retirement, a full-time employee shall be entitled to payment for the first 30 days of accumulated unused sick leave. For days accumulated over 30, additional payment will be made at the rate of one day for each 3 accumulated over 30. In no event shall the grand total payment exceed 110 days. Page - 7 SEC. 18 HOLIDAYS 18.1 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 third Monday of January, known as Martin Luther'King Day the twelfth day of February, know~ as Lincoln's Birthday the third Monday in February, known as (Presidents Day) Washington's Birthday the fourth Monday in 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 the twenty-fifth day of December, known as Christmas Day the eve of Thanksgiving Day, 1/2 day the eve of Christmas Day, 1/2 day the eve of New Year's Day, 1/2 day 18.2 Where a federally observed holiday differs from the foregoing list of holidays, the federal holiday will be observed instead of the day listed in the foregoing. 18.3 In the event that any of the above specified holidays occurs on a Saturday, the preceding 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. 18.4 In the event, however, that it may be deemed necessary by the head of a department that certain employees are required to be on duty on such days, such employees so requested to work on the above named holidays agree to do so and sha~l be compensated therefor in accordance with Section 27.2 hereof. SEC. 19 PERSONAL LEAVE 19.1 Full-time employees shall be entitled to four (4) 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. Page - 8 SEC. 20 COMPENSATORY TIME 20.1 Whenever, under any provision hereof, 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. SEC. 21 HOSPITALIZATION 21.1 The Town shall continue its 100% contribution toward the cost of medical and hospitalization benefits in accordance with the terms and conditions as set forth in the Town of Southold Employees Health Benefit Plan "Description Booklet" dated May, 1989, except as to the identity of the administrator. 21.2 The hospitalization program may be subject to grievances only with respect to the application of the terms of the hospitalization program to an individual claim and not with respect to the terms of the plan itself. SEC. 22 EMPLOYEE BENEFIT FUND 22.1 The benefits provided by the 1990-1991 agreement shall be continued. ( The C.S.E.A. Employee Benefit Fund Package ? Plan ) 22.2 The Tow71 will make payments to the CSEA Employee Benefit Fund for the benefit of full-time employees. Such payments shall be made in advance on a bimonthly basis. The amount of each payment shall be based on the number of full- time employees shown on the last payroll preceding such payment. An adjustment shall be made at the end of each bimonthly period in increase payments (on a daily basis) for employees added to the payroll during the two month period subsequent to the payment date to decrease payments (on a daily basis) for employees who have been removed from the payroll during the two month period subsequent to the payment date. 22.3 The Town will make payments to the fund in the amount of whatever charge is made against each employee by the fund up to a maximum of $630.00 the same to be deducted from the employee's pay check, less $423.00 per employee which the Town will pay. 22.4 Effective July 1, 1992, the Town will pay $465.00 per year for each full-time employee. Page - 9 22.5 Effective July 1, 1993, the Tow71 will pay at the rate of $511.00 per year for each full-time employee. 22.6 CSEA represents that the CSEA Employee Benefit Fund is a legally constituted entity; that such entity may legally receive funds paid to it by the Town for the benefit of the employees of the Town; and that the employees of the Town are eligible to participate in the benefits provided by such entity. CSEA also represents that it will obtain and provide to the Town such assurance from the Trustees of said Benefit Fund as will satisfy the representations set forth in the preceding paragraph hereof. 22.7 It is understood and agreed by and between the parties hereto that the Town assumes no liability or responsibility for the disposition of the funds paid by it to the CSEA Benefit Fund after the same are paid to such fund pursuant to the provisions of this Section. Nor does the Town assume any liability or responsibility whatsoever for the acts or omissions of the CSEA Benefit Fund in the administration of its affairs, against all of such the CSEA does hereby hold the Town. harmless. SEC. 23 RETIREMENT BENEFITS 23.1 Subject to the applicable provisions of law the Town shall provide to Tier 1 and Tier 2 employees a noncontributory "Improwed Career Retirement Plan"'in accordance with and subject to the provisions of Section 75- i of the Retirement and Social Security Law and to pay the entire cost thereof to the New York State Employee's Retirement System. 23.2 Subject to the applicable provisions of law the Town shall provide to Tier 3 and Tier 4 employees a retirement plan in accordance with the New York State Retirement and Social Security Law. 23.3 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. SEC. 24 DUES DEDUCTION 24.1 Dues deduction shall be made uniformly and consistently by the Town on each payroll period and promptly paid over to the Treasurer of C.S.E.A. Page - 10 24.2 The Town shall continue to make 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. 24.3 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 C.S.E.A. 24.4 The Town shall assume no liability or responsibility for the disposition of dues deductions after the same are paid over to the Treasurer of C.S.E.A. SEC. 25 SALARIES 25.1 Effective January 1, 1992, all full-time employees shall receive the base salary or wages received by them on December 31, 1991, increased, however, by two (2) percent. 25.2 Effective January 1, 1992, eligible employees with at least twelve months of continuous service from the last date of hire will move on step and will receive increments due under the 1992 schedule. 25.3 Effective July 1, 1992, all full-time employees shall receive the base salary or wages received by them on June 30, 1992, increased, however, by two (2) percent. 25.4 Effective January 1, 1993, all full-time employees shall receive the base rate of pay received by them on December 31, 1992, increased, however, by two (2) percent. 25.5 Effective July 1, 1993, eligible employees with at least twelve months of continuous service from the last date of hire will move on step and will receive increments due under th~ 1993 schedule. 25.6 Effective July 1, 1993, all full-time employees shall receive the base rate of pay received by them on June 30, 1993, increased, however, by two (2) percent. 25.7 The Town shall prepare a salary schedule of employees as provided herein and the same shall be annexed hereto. Page - 11 SEC. 26 RECALL 26.1 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. 26.2 Such employees, when required to work, shall receive a minimum of three hours compensation at their regular salary scale. 26.3 Except in the case of a foreman, not less than two employees shall be called out for emergency work. SEC. 27 OVERTIME 27.1 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 (1-1/2) time the normal rate of salary or wages, or at the option of the employee shall be given compensatory time off at the same rate subject to law. The provisions of this paragraph shall not, however, apply to work performed on any holiday set forth in this agreement. 27.2 Full-time employees who shall be required to work (during the hours between 7:30 AM and 4:00 PM) on any holiday set forth in this agreement, shall receive compensation thereof at the regular rate of salary or wages (in addition to receiving the regular salary or wages for such holiday) and shall also be given compensatory time off with pay, equal to the time worked on any such holiday. If any such employee is ~quired to work on any such holiday between 4:00 PM and 7:30 AM he shall be compensated for hours worked at double the rate of salary or wages. 27.3 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 overtime worked by each employee of the department during the preceding month. Page - 12 SEC. 28 LONGEVITY 28.1 Full-time employees shall receive additional compensation (applied to the straight-time base rate of pay) based upon length of service in the Town as follows: a. Employees with at least ten years but less than fifteen (15) years of service shall receive a salary increase of 5%. b. Employees with at least fifteen (15) years but less than twenty (20) years of service shall receive a salary increase of 6%. c. Employees with twenty (20) years of service or more shall receive a salary increase fo 7%. d. Additional compensation as provided in this section shall commence on the first day of the month in which an employee becomes eligible therefor, SEC. 29 SHIFT DIFFERENTIAL 29.1 A shift differential of three hundred (300) dollars per year shall be granted to each Fublic Safety Dispatcher who works three shifts around the clock on a regularly scheduled basis. SEC. 30 MILEAGE ALLOWANCE 30.1 Employees who shall be required to use their private automobile in the performance of official Town business shall be compensated therefor at a rate to be set by the Town Board upon-the presentation of a voucher therefor to the Town Board SEC. 31 ELECTRICIAN'S LICENSE 31.1 Employees required to have a Suffolk County Electrician's License for employment with the Town shall have the fee paid by the Town up to $100 per year. Page - 13 SEC. 32 HOURS OF WORK (The normal work week of all full-time employees shall be as follows:) 32.1 Clerical employees shall work seven (7) hours per day with one hour for lunch, five days per week (Monday through Friday) for a total of thirty-five (35) hours per week. The Town has the option to regularly schedule clerical employees between 9:00 AM and 5:00 PM on any day Monday to Friday but without an increase in weekly hours. Employee qualifications, being equal, the choice of hours shall be given on seniority basis. Five days notice shall be given for such change in the regular schedule. 32.2 Building Inspectors shall work seven hours per day (8:00 AM to 4:00 PM) with one hour for lunch, five days per week (Monday through Friday) for a total of thirty-five hours per week. 32.3 Highway Department and Public Works employees shall work eight hours per day (7:00 AM to 3:30 PM) with one-half hour for lunch, five days per week (Monday through Friday) for a total of forty hours per week. 32.4 Public Safety Dispatchers shall work eight hour rotating shifts with one-half hour for lunch, for a total thirty-seven and one-half hours per week. of 32.5 Employees assigned to work the Landfill Site shall work ten hours per day (6:45 AM to 5:15 PM), four days per week (with one-half hour for lunch), for a total of forty hours per week. Any employee required to eat lunch on the site shall be given a paid lunch period. 32.6 Bay Constables and Maintenance employees in Building and Grounds shall work eight hours per day with one-half hour for lunch, for a total of forty hours per week. The present hourly status of Bay Constables and Custodians shall be converted to a salary status. 32.7 Part-time employees shall be required to work at such times and on such schedules as their serwices 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. Page - 14 32.8 The Town Refuse Disposal Area shall be closed to the public on New Year's Day, Easter Sunday, Tharnksgiving Day and Christmas Day and the employees assigned to work at said disposal area shall not be required to work on said days. However, the Town may close the areas on other days if it so elects in order to meet its operational objectives. SEC. 33 GRIEVANCE PROCEDURE 33.1 "GRIEVANCE" means any dispute between the employee and the Town with respect only to the meaning or interpretation of a specific provision of this agreement. It shall not include disciplinary proceedings or any other matters which are reviewable under administrative procedures established by law or the rules of the Suffolk County Civil Service Commission. 33.2 Ail grievances of employees involving the interpretation of this Agreement shall be resolved in accordance with the following procedure: Step 1. Within ten days after an employee knows or should have known of an occurrence which allegedly violates the contract with respect to that employee, the employee may submit a grievance in writing to their immediate supervisor. The immediate supervisor shall issue a written reply to said grievance within ten days of its receipt. Step 2. If the employee is not satisfied with said reply, within ten days of receipt of the reply, the employee may appeal the decision to the Labor-Management Committee. The Committee shall consider such grievance at its next meeting and shall issue a written reply within ten (10) days after said meeting. Step 3. If the employee is not satisfied with said reply, the employee may request a full Town Board hearing to be conducted within twenty (20) days of receipt to the committee's decision. The full Town Board hearing shall constitute the final step. Page - 15 SEC. 34 CSEA RIGHTS 34.1 There shall be a Labor/Management Committee composed of six (6) members, three of whom shall be selected by the C.S.E.A., 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 with employee grievances, working conditions,, and such other matters as affect the Town and its employees. The Committee will meet within twenty (20) days of receipt of a written request by either party. Any decision made by this committee shall not be binding upon either party until ratified or approved by the CSEA 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. 34.2 It is contemplated by the parties hereto that, notwithstanding the starting wages set forth in Salary Schedules hereof, it may be necessary from time to time, to employ persons at a starting wage above the amount set forth in such Schedules. 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 selected by CSEA; and two members to be selected by the Town Board. 34.3 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. 34.4 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. 34.5 Officers of the CSEA shall, when possible, be given priority over other employees in the scheduling of vacation time. 34.6 Officers and authorized representatives of C.S.E.A. shall be entitled to a leave of absence with pay to attend CoS.E.A. conferences and authorized meetings provided that no 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 purposes shall not exceed ten (10) days in any calendar year. Page - 16 34.7 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. SEC. 35 AMENDMENTS 35.1 Any changes or amendments to this agreement shall not become effective unless the same are in writing signed by the parties hereto. SEC. 36 NO STRIKE PLEDGE 36.1 The CSEA does hereby affirm that it does not assert the right to strike against any government nor to assist or participate in such strike, or to impose any obligation to conduct, assist or participate in such a strike. SEC. 37 LEGISLATIVE APPROVAL 37.1 IT IS AGREED BY ~D BETWEEN THE P~TIES THAT A/~Y PROVISIONS 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 GIVEN APPROVAL. 37.2 It is agreed by and between the parties that any provision of this agreement requiring approval by federal authorities shall not become effective until such approval has been granted. SEC. 38 TERMINATION BENEFITS 38.1 In the event that the employment of any employee is terminated by reason of retirement, resignation or uther cause, all benefits provided herein shall be prorated up to the d~te of such termination. SEC. 39 TERM OF AGREEMENT 39.1 Except where otherwise provided, this agreement and all of the terms and conditions hereof shall become effective on January 1, 1992, and shall continue in full force through December 31, 1993. Page - 17 IN WITNESS WHEREOF, the parties hereto have set their hand and seals this 25th day of June, 1992. TOWN OF SOUTHOLD G~o. rge L. F'enny, IV Deputy Supervisor C.S.E.A., INC. LOCAL 1000 AFSCME AFL-CIO, SOUTHOLD UNIT Betty We ~l's President Carolyn FllL ~rajci /'~j Collective'-~i rgaini ng Specialist Page - 18 TITLE Laborer Scale Operator AEO ItEO CEO Maintenance Mechanic II Maiatenance Mechanic III Auto Mechanic I & II Auto Mechanic III Auto Mechanic IV Crew Laborer Leader Town Maintenance Crew Leader Cook, Assistant Cook Custodial Worker I Bay Constable Bay Constable, Senior Building Inspector Building Inspector, Senior Building Inspector, Principal Ordinance Inspector Assessor Assistant Assessment Clerk Clerk Clerk/Typist Stenographer Clerk, Justice Court Clerk, Account Clerk, Senior Account Slerk, Principal Account qanner Trainee ~lanner, Senior )ublic Safety Dispatcher ~oblic Safety Dispatcher II {ecreation Supervisor Sr. Citizen Site Manager, Asst >!anner ~'P. Citizen Site Manager {ngineering Inspector ~ata Control Supervisor Director of Program Evaluation .sst. Snpt. of Public Works Senior Citizen Aide II lini Bus Driver ~ecreation Program Coordinator xempt Secretary (to Z.B.A,) ire Plan Reviewer ENTRY LEVEL 1 2 11.48 11.89 12.28 11.48 11.89 12.28 13.38 13.87 13.87 13.72 ]4.23 14.23 14.16 14.67 14.67 12..14 12.59 13.04 14.29 14.80 14.80 12.14 12.59 I3.04 14.29 14.80 14.80 15.16 15.71 15.71 15.16 15.71 15.71 15.16 15.71 15.71 7.56 7.84 8.38 16,531.66 ]7,130.51 17,521.76 21,994.20 22,800.54 23,536.05 24,010.57 24,899.24 26,020.41 28,782.54 29,826.46 31,596.42 30,0]0.59 31,099.08 31,852.90 31,896.6~ 33,056.50 33,810.47 33,698.69 35,015.01 35,769.00 30,010.59 31,099.08 3],852.90 25,084.88 25,994.70 26,738.80 19,932.35 20,655.29 21,136.50 18,613.01 19,288.]0 19,769.3] ]9,932.35 20,055.29 21,136.50 21,274.51 22,046.12 22,527.98 21,274.51 22,046.12 22,527.98 23,287.74 24,132.38 24,613.60 25,300.97 26,218.63 26,699.86 27,158.53 28,143.54 28,884.95 24,574.50 25,465.36 25,857.74 30,227.65 3],323.82 31,666.02 20,499.06 21,242.55 23,222,36 22,388.99 23,199.99 23,925.d6 27,530.65 28,528.80 29,257.59 13,917.26 14,421.43 14,812.68 24,574.50 25,465.36 25,857,74 30,697.35 31,811.66 32,581.50 32,435.83 33,6]6.49 34,382.95 29,192.36 30,252.04 30,984.]4 38,638.18 40,148.93 41,012.13 37,485.09 38,950.66 39,788,10 16,672.0~ 17,275.53 17,669.41 10,404.06 10,404.06 10,404.06 13,074.3~ 13,450.84 13,742.72 25~77.27 25,987.58 26,465.75 24,574.50 25,465.36 25,857.74 danuary 1, 1992 3 12.69 12.69 13.87 14.23 14.67 13.47 14.80 13.47 14.80 15.71 15.71 15.71 8.97 17,914.15 24,224.09 27,213.56 32,170.00 32,581.70 34,538.22 36,496.74 32,581.70 27,482.90 21,744.30 20,377.12 21,744.30 23,135.13 23,135.13 25,221.40 27,307.63 29,625.44 26,249.00 32,008.22 25,200.89 27,158.10 30,010.05 ]5,205.07 26,249.00 33,327.62 35,122.18 31,693.68 4],844.68 40,595,80 18,065.20 10,404.06 14,035.44 27,069.17 26,249.00 4 13.09 13.09 13.87' 14.23 1~.67 13.92 14.80 13;92 14.80 15.71 15.71 15.71 9.59 19,167.75 24,959.60 27,854.16 32,776.41 33,33~.93 35,293.34 37,251.54 33,336.93 28,226.99 22,072.56 20,706.73 22,072.56 23,463.38 23,463.38 25,549.62 27,635.89 30,365.90 26,640.25 3~,350.43 27,179.40 29,137.17 30,770.50 15,59fl.32 26,640.25 34,100.82 35,891.36 32,428.97 42,710,86 41,436,13 19,329,76 10,404,06 14,327,38 27,394.00 26.R40 25 5 13.48 13.48 13.87 14.23 14.67 14.36 14.80 14.36 14.80 15.71 15.71 15.71 10.27 20,509.17 25,095.10 28,447.30 33,413.43 34,064.33 36,019.94 37,978.47 34,064.33 28,971.09 22,528.73 21,161.55 22,528.73 23,919.57 23,919.57 26,005.83 28,092.06 31,106.02 27,032.65 32,692.6~ 29,157.89 31,116,22 31,491.19 15,988.70 27,032.65 34,844.22 38,630.72 33,135.92 43,543.72 42,244.13 20,682.84 10,404.06 14,619.66 27,846.00 ?7 ~3~ c~ TITLE Laborer Scale Operator AEO tlEO CEO Maintenance Mechanic II Maintenance Mechanic III Auto Mechanic I & II Auto Mechanic III Auto Mechanic IV Crew Laborer Leader Town Maintenance Crew Leader Cook, Assistant Cook Custodial Worker I Bay Constable Bay Constable, Senior Building Inspector Building Inspector, Senior Building Inspector, Principal Ordinance Inspector Assessor Assistant Assessment Clerk Clerk Clerk/Typist Stenographer Clerk, Justice Court Clerk, Acconnt Clerk, Senior Account Clerk, Principal Account Planner Trainee Phmner, Senior Public Safety Dispatcher Public Safely Dispatcher II Recpeulion Supervisor Sr. Citizen Site Manager, Assr Planner Sr. Citizen Site Manager Engineering Inspector Data Control Supervisor Director of Program Evaluation Asst. Supt. of Public Works Senior Citizen Aide II ~ini Bus Driver Recreation Program Coordinator Exempt Secretary (to Z.B.A.) Site Plan Reviewer :~ALAItY S"I'itUC'i'URE Effective ENTRY LEVEL 1 2 11.71 11.71 13.65 13.99 '14.44 12.38 14.58 12.38 ]4.58 15.46 ]5.46 ]5.46 7.71 ]6,862.29 22,434.08 24,490.78 29,358.19 30,610.80 32,534.55 34,372.66 30,610.80 25,586.58 20,331.00 18,985.27 20,331.00 21,700.00 21,700.00 23,753.49 25,806.99 27,701.70 25,065.99 30,832.20 20,909.04 22,836.77 28,081.26 14,195.61 25,065.99 31,311.30 33,084.55 29,776.21 39,410.94 38,234.70 ]7,005.44 10,612.14 13,335.79 25,578.82 25,065.99 12.13 12.13 14.15 14.51 14.96 12.84 15.10 12.84 15.10 16.02 16.02 16.02 8.00 17,473.12 23,256.55 25 397.22 30 422.99 31 721.06 33 717.63 35 715.31 31 721.06 26 514.59 21 068.40 19 673.86 21 068.40 22,487.04 22,487.04 24,615.03 26,743.00 28,706.41 25,974.67 31,950.30 21,667.40 23,663.99 29,099.38 14,709.86 25,974.67 32,447.89 34,288.82 30,857.08 40,951.91 39,729.67 17,621.04 10,612.14 13,719.86 26,507.33 25,974.67 12.53 12.53 14.15 14.51 14.96 13.30 15.10 13.30 15.10 16.02 16.02 16.02 8.55 17,872.20 24,006.77 27,152.82 32,228.35 32,489.96 34,486.68 36,484.38 32,489'.96 27,273.58 21,559.23 20,164.70 21,559.23 22,978.54 22,978.54 25,105.87 27,233.86 29,462.65 26,374.89 32,299.34 23,686.8] 24,d03.97 29,842.74 15,108.93 26,374.89 33,233.]3 35,070.61 31,603,82 41,832.37 40,583.86 18,022.80 10,612.14 14,017.57 26,995.07 26,374.89 July 1, 1992 3 ]2.94 12.94 14.15 14.5] 14.96 13.74 15.10 13.74 15.10 16.02 16.02 16.02 9.15 ]8,272.43 24,708.57 27,757.83 32,813.40 33,233.33 35,228.98 37,226.67 33,233.33 28,032.56 22,179.19 20,784.66 22,179.]9 23,597.83 23,597.83 25,725.83 27853.78 30217.95 26 773.98 32.648.38 25 704.91 27 701.26 3O 610.25 15 509.17 26,773.98 33,994.17 35,824.62 32,327.55 42,681.57 41,407.72 ]8,426.50 10,612.14 14,316.]5 27,610.55 26,773.98 4 13.35 13.35 14.15 14.51 14.96 14.20 15.10 14.20 15.10 16.02 16.02 16.02 9.78 19,551.11 25,458.79 28,411.24 33,431.94 34,003.67 35,999.21 37,996.57 34,003.67 28,791.53 22,514.01 21,120.86 22,514.01 23,932.65 23,932.65 26,060.61 28,188.61 30,973.22 27,]73.06 32,997.44 27',722.99 29,719.91 31,385.91 ]5,908.25 27,]73.06 34,782.84 36,609.19 33,077.55 43,565.08 42,264.85 19,716.36 10,612.14 14,613.93 27,941.88 5 13.75 13.75 14.15 14.51 14.96 14.65 15.10 14.65 15.10 16.02 16.02 16.02 10.48 20,9]9.35 26,209.O0 29,016.25 34,081.70 34,745.62 36,740.34 38,738.04 34,745.62 29,550.51 22,979.30 21,584.78 22,979.30 24,397.96 24,397.96 26,525.95 28,653.90 31,728.14 27,573.30 33,346.47 29,741.05 31,738.54 32,121.01 ]6,308.47 27,573.30 35,541.10 37,363.33 33,798.64 44,414.59 43,089.01 21,096.50 10,612.14 14,912.05 28,402.92 TITLE Laborer Scale Operator AEO IIEO CEO Maintenance Mechanic II Maintenance Mechanic III Auto Mechanic I & II Auto Mechanic III Auto Mechanic IV Crew Laborer Leader Town Maintenance Crew Leader Cook, Assistant Cook Custodial Worker I Bay Constable Bay Constable, Senior Building Inspector Building Inspector, Senior Building Inspector, Principal Ordinance Inspector Assessor Assistant Assessment Clerk Clerk Clerk/Typist Stenographer Clerk, Justice Court Clerk, Account Clerk, Senior Account Clerk, Principal Account Planner Trainee Planner, Senior Public Safety Dispatcher Public Safety Dispatcher II Recreation Supervisor Sr. Citizen Site Manager, Asst Planner Sr. Citizen Site Manager Engineering Inspector Data Control Supervisor Director of Program Evaluation Asst. Supt. of Public Works Senior Ciliz~m Aide II $1ini Bus l)river (ecreation Program Coordinator {xeml)t Secretary (to Z.B.A.) Site Plan Reviewer ~L,'~R ~ ~ 1 I~UCTURE Effective ENTRY LEVEL 1 2 11.94 11.94 13.92 14.27 14.73 12.63 14.87 12.63 14.87 15.77 15.77 15.77 7.86 17,199.54 22,882.76 24,980.60 29,945.35 31,223.02 33,185.24 35,060.11 31,223.02 26,098.31 20,737.62 ]9,364.98 20,737.62 22,134.00 22,134.00 24,228.56 26,323.13 28,255.73 25 567.31 31 448.84 21 327.22 23 293.51 28 642.89 14 479.52 25 567.31 31 937.53 33 746.24 30 371.73 40 199.16 38 999.39 ]7 3d5.55 ]0 824.38 13 602.51 26 090.40 25,567.31 12.37 12.78 12.37 12.78 14.43 14.43 14.80 14.80 15.26 15.26 ]3.10 13.57 15.40 ]5.40 13.10 13.57 15.40 15.40 16.34 16.34 16.34 16.34 16.34 16.34 8.16 8.72 17,822.58 18,229.64 23,721.68 24,486.91 25,905.16 27,695.88 31,031.45 32,872.92 32,355.48 33,139.76 34,391.98 35,176.41 36,429.62 37,214.07 32,355.48 33,139.76 27,044.88 27,8]9.05 21,489.77 2],990.41 20,067.34 20,567.99 21,489.77 21,990.4] 22,936.78 23,438.]1 22,936.78 23,438.11 25,107.33 25,607.99 27,277.86 27,778.54 29,280.54 30,051.90 26,494.16 26,902.39 32,589.31 32,945.33 22,]00.75 24,]60.55 24,137.27 24,892.05 29,681.37 30,439.59 15,004.06 15,411.]1 26,494.16 26,902.39 33,096.85 33,897.79 34,974.60 35,772.02 3],474.22 32,235.90 41,770.95 42,669.02 40,524.26 41,395.54 17,973.46 18,383.26 10,824.38 10,824.38 13,994.26 14,297.92 27,037.48 27,534.97 26,'19d.16 26,902.39 January 1, 1993 3 13.20 13.20 14.43 14.80 15.26 14.01 15.40 14.01 15.40 16,34 16.34 16.34 9.33 18,637.88 25,202.74 28,312.99 33,469.67 33,898.00 35,933.56 37,971.20 33,898.00 28,593.21 22,622.77 21,200.35 22,622.77 24,069.79 24,069.79 26,240.35 28,410.86 30,822.31 27,309.46 33,301.35 26,219.01 28,255.29 31,222.46 15,819.35 27,309.46 34,674.05 36,541.11 32,974.10 43,535.20 42,235.87 18,795.03 10,824.38 14,602.47 28,162.76 27,309.46 4 13.62 13.62 14.43 14.80 15.26 14.48 15.40 14.48 15.40 16.34 16.34 16.34 9.98 19,942.13 25,967.97 28,979.46 34,100.58 34,683.74 36,719.19 38,756.50 34,683.74 29,367.36 22;964.29 21,543.28 22,964.29 24,411.30 24,411.30 26,581.82 28,752.38 31,592.68 27,716.52 33,657.39 28',277.45 30,314.31 32,013.63 16,226.42 27,716.52 35,478.50 37,341.37 33,739.10 44,436.38 43,110.15 20,110.69 10,824.38 14,906.21 28,500.72 27.7~6.52 5 14.03 14.03 14.43 14.80 15.26 14.94 15.40 14.94 15.40 16.34 ]6.34 16.34 10.69 21,337.74 26,733.18 29,596.58 34,763.33 35,440.53 37,475.15 39,512.80 35,440.53 30,141.52 23,438.89 22,016.48 23,438.89 24,885.92 24,885.92 27,056.47 29,226.98 32,362.70 28,124.77 34,013.40 30,335.87 32,373.31 32,763.43 16,634.64 28,124.77 36,251.92 38,110.60 34,474.61 45,302.88 43,950.79 21,518.43 10,824.38 15,210.29 28,970.98 28,12,{.77 TITLE Laborer Scale Operator AEO Il EO CEO Maintenance Mechanic II Maintenance Mechanic III Auto Mechanic I & II Auto Mechanic III Auto Mechanic IV Crew Labor Leader Town Maintenance Crew Leader Cook, Assistant Cook Custodial Worker I Bay Constable Bay Constable, Senior Buildiag Inspector Building Inspector, Senior Building Inspector, Principal Ordinance Inspector Assessor Assistant Assessment Clerk Clerk Clerk/Typist Stenographer Clerk, Jastice Court Clerk, Acconnt Clerk, Senior Account Clerk, Principal Account Planner Trainee Phumor, Senior Public Sa£ety Dispatcher Public Safety Dispatcher II Recreation Stlpervisor Sr. Citizen Site Manager, Asst Planner Sr. Citizen Site Manager Engineering Inspector Data Control Supervisor Director of Program Evaluation Asst. Supt. of Public Works Seuior Citizen Aide ll ~lini Bus Driver Recreation Program Coordinator Exempt Secretary (to Z.B.A.) Site Plan lleviewer SALARY STRUCTURE Effective ENTRY LEVEL 1 2 12.18 12.62 13.04 12.18 12.62 13.04 14.20 14.72 14.72 14.56 15.10 15.10 15.02 15.57 15.57 12.88 13.36 13.84 15.17 15.71 15.71 12.88 13.36 13.84 15.17 15.71 15.71 16.09 16.67 16.67 16.09 16.67 16.67 16.09 16.67 16.67 8.02 8.32 8.89 17,543.53 18,179.03 18,594.23 23,340.42 24,196.11 24,976.65 25,480.21 26,423.26 28,249.80 30,544.26 31,652.08 33,530.38 31,847.4~ 33,002.59 33,802.56 33,848.94 35,079.82 35,879.94 35,761.31 37,158.21 37,958.35 31,847.48 33,002.59 33,802.56 26,620.28 27,585.78 28,375.43 21,152.37 21,919.57 22,430.22 19,752.28 20,468.69 20,979.35 21,152.37 21,919.57 22,430.22 22,576.68 23,395.52 23,906.87 22,576.68 23,395.52 23,906.87 24,713.13 25,609.48 26,120.15 26,849.59 27,823.42 28,334.11 28,820.84 29,866.15 30,652.94 26,078.66 27,024.04 27,440.44 32,077.82 33,241.10 33,604.24 21,753.76 22,542.77 24,643.76 23,759.38 24,620.02 25,389.89 29,215.75 30,275.00 31,048.38 14,769.11 15,304.14 15,719.33 26,078.66 27,024.04 27,440.44 32,576.28 33,758.79 34,575.75 34,421.16 35,674.09 36,487.46 30,979.16 32,103.70 32,880.62 41,003.14 42,606.37 43,522.40 39,779.38 41,334.75 42,223.45 17,692.46 18,332.93 18,750.93 11,040.87 11,040.87 11,040.87 13,874.56 14,274.15 14,583.88 26,612.21 27,578.23 28,085.67 26,078.66 97,024.04 07 ~.~ 44 July 1, 1993 13.46 13.46 14.72 15.10 15.57 14.29 15.71 14.29 15.71 16.67 16.67 16.67 9.52 19~010.64 25,706.79 28,879.25 34,139.06 34,575.96 36,652.23 38,730.62 34,575.96 29,165.07 23,075.23 21,624.36 23,075.23 24,551.19 24,551.19 26,765.16 28,979.08 31,438.76 27,855.65 33,967.38 26,743.39 28,820.40 31,846.91 16,135.74 27,855.65 35,367.53 37,271.93 33,633.58 44,405.90 43,080.59 19,170.93 11,040.87 14,894.52 28,726.02 4 13.89 13.89 14.72 15.10 15.57 14.77 15.71 14.77 15.71 16.67 16.67 16.67 10.18 20340~97 26 487.33 29 559.05 34 782.59 35 377.41 37 453.57 39 531.63 35 377.41 29,954.71 23,423.58 21,974.15 23,423.58 24,899.53 24,899.53 27,113.46 29,327.43 32,224.53 28,270.85 34,330.54 2g,843.00 30,920.60 32,653.90 ]6,550.95 28,270.85 36,188.07 38,088.20 34,413.88 45,325.11 43,972.35 20,512.90 11,040.87 ]5,204.33 29,070.73 5 14.31 14.31 14.72 15.10 15.57 15.24 15.71 15.24 15.71 16.67 16.67 16.67 10.90 21,764.49 27,267.84 30,188.51 35,458.60 36,149.34 38,224.65 40,303.06 36,149.34 30,744.35 23,907.67 22,456.81 23,907.67 25,383.64 25,383.64 27,597.60 29,811.52 33,009.95 28,687.27 34,693.67 30,942.59 33,020.78 33,418.70 16,967.33 28,687.27 36,976.96 38,872.81 35,164.10 46,208.94 44,829.81 21,948.80 11,040.87 15,514.50 29,550.40 Salary schedule footnote: An employee who is promoted shall be placed on the step in the new position which will enable said employee to have an increase equal to at least 5% of the employees rate before promotion. In no event shall any increase exceed Step 5 of the new position. THIS RENEWAL AGREEMENT, made this 21st day of April , 1992, between TOWN OF SOUTHOLD (hereinafter the EMPLOYER) with offices located at Main Road, Southold, New York 11971 and the CSEA EMPLOYEE BENEFIT FUND (hereinafter the FUND), a Trust, with offices located at 14 Corporate Woods Boulevard in Albany, New York 12211. W~EREAS, the parties have heretofore entered into an agreement dated November 13, 1990 (the "Agreement"), a copy of which is annexed hereto, for the provision by the FUND of certain benefits to the EMPLOYER'S covered employees, and WHEREAS, the parties desire to continue the provision of said benefits upon the terms and conditions contained in said Agreement, except as modified hereby, NOW, THEREFORE, in consideration of the covenants and promises contained herein, the parties agree as follows: 1. The FUND shall provide benefits to the EMPLOYER'S covered employees under the following benefit PLAN(s) established by the FUND: PACKAGE 7 2. The EMPLOYER shall pay the FUND the following amounts per covered employee per month: A. PACKAGE 7 PLAN (i) from January 1, 1992 to June 30, 1992, $52.50; (ii) from July 1, 1992 to June 30, 1993, $56.08; (iii) from July 1, 1993 to December 31, 1993, $59.92. 3. This Renewal Agreement is effective as of January 1, 1992 and shall terminate on December 31, 1993. 4. Except as expressly modified herein, the terms and conditions of the attached Agreement are hereby ratified and affirmed and incorporated by reference. IN WITNESS WHEREOF, the parties have executed this Renewal Agreement the day and year first above written. CSEA EMPLOYEE BENEFIT FUND By-- JoSeph E. McDermott Chairman TOWN OF SOUTHOLD Scott Harris Supervisor EMPLOYEE BENEFIT FUND December 6, 1990 Mr. Scott Harris Supervisor Town of Southold Main Road Sour hc~ld, NY 11971 Dear Mr. Harris: Enclosed is your copy o[ the original contract between the Town of Southold and the CSEA Employee Benefit Fund [or the Package 7 Plan. We look forward to servicing our members and your employees during the term of this agreement. R~ncerely, DENNIS M. BATTLE, Director ~arket~ng &Communicat]ons D~B:pr Enclosure oc: Pat Curtin THIS AGREEMENT, made this /~ day of /~/~-~, 1990, between TOWN OF SOUTHOLD (hereinafter the EMPLOYER) with offices located at Main Road, Southold, New York 11971 and the CSEA EMPLOYEE BENEFIT FUND (hereinafter the FUND), a Trust, with offices located at 14 Corporate Woods Boulevard in Albany, New York 12211. WHEREAS, the FUND has been established by the Board of Directors of The Civil Service Employees' Association, Inc. (hereinafter CSEA) by Trust Indenture as an independent welfare fund to receive monies for the purpose of paying and providing benefits for such eligible employees as the Trustees of the FUND shall, from time to time, determine; and WHEREAS, the Trustees of the FUND have established certain benefit plans available to employees of the State of New York, and municipal subdivisions of the State, including dental, prescription drug and vision care, and are empowered to enter into contracts relating to such plans; and WHEREAS, the EMPLOYER recognizes the establishment of the FUND and wishes to contract with the FUND for the providing of various benefits to employees of the EMPLOYER in accordance with the benefit plans for employees of the State of New York, and municipal subdivisions of the State, as established, from time to time, by the Trustees of the FUND; NOW, THEREFORE, in consideration of the mutual promises contained herein, the EMPLOYER and the FUND agree as follows: I. DEFINITIONS 1. FUND shall mean the CSEA EMPLOYEE BENEFIT FUND; 2. EMPLOYER shall mean TOWN OF SOUTHOLD; ELIGIBLE EMPLOYEE shall mean every public sector employee validly appearing on the EMPLOYER's payroll who is not assigned to a bargaining unit represented by a union that competes with CSEA; ELIGIBLE EMPLOYEES shall not include retirees. COVERED EMPLOYEE shall mean every full-time public sector employee who is a member of the CSEA bargaining unit which has negotiated for the benefit(s) provided by the FUND and such other eligible employees designated by the EMPLOYER; COVERED EMPLOYEES shall not include retirees. 5. DEPENDENT shall mean: (a) the covered employee's spouse, provided that the parties are not legally separated and further provided that the employee's spouse is not a covered employee under any benefit plan established by the FUND; (b) unmarried dependent children of the covered employee under the age of nineteen (19) years; (c) unmarried dependent children of the covered employee up to the age of twenty-five (25) years who are full-time students; (d) unmarried dependent children of the covered employee who were mentally or physically disabled before reaching the age of nineteen (19) years and who are incapable of self-support. o PLAN shall mean the benefit PLAN(S) established by the FUND and provided to covered employees by the EMPLOYER pursuant to this Agreement. II. ENROLLMENT The EMPLOYER requests, and the FUND agrees, to enroll 100% of the full-time employees in the CSEA bargaining unit in the following benefit PLAN(S): PACKAGE 7 The FUND shall enroll the covered employees of the EMPLOYER in the benefit PLAN(S) presently covering certain employees of the State of New York and municipal subdivisions of the State, in accordance with the rules, regulations and benefit schedules adopted by the Trustees of the FUND and amended by them from time to time. III. ELIGIBILITY Ail full-time public sector employees who are members of a collective bargaining unit represented by CSEA, or any Local or Unit thereof, which has negotiated for benefits provided by the FUND are eligible for coverage under the PLAN(S); Every public sector employee validly appearing on the EMPLOYER's payroll who is not assigned to a collective bargaining unit represented by a union which competes with CSEA, is eligible for coverage. 3. No retiree is eligible for coverage. IV. COVERAGE One hundred percent (100%) of the full-time public sector employees who are members of the collective bargaining unit represented by CSEA, or any Local or Unit thereof, which negotiated coverage under the PLAN(S) identified in Article II (1) above must be covered under the PLAN(S). In addition, the EMPLOYER may cover other eligible persons (such as part-time or management/confidential public sector employees) validly appearing on the EMPLOYER's payroll. No full-time or part-time employee who is a member of a collective bargaining unit represented by a union which competes with CSEA may be covered under the PLAN(S); Eligible employees who leave the payroll on an approved leave of absence, or who are terminated with the expectation of return may be covered under the PLAN(S) through direct payments at the discretion of the FUND; Coverage under the PLAN(S) is limited to those employees on whose behalf payments are currently being received by the FUND; Enrollment in the PLAN(S) does not vest any right in the covered employee except the right to receive benefits under the PLAN(S) only so long as payments are being received by the FUND on behalf of the employee; Each employee in the PLAN(S) shall receive dependent coverage as defined under ARTICLE I; provided, however, that a covered employee under any benefit plan established by the FUND may not be covered as a dependent under any other benefit plan established by the FUND, and further provided that where both parents are covered employees under any benefit plans established by the FUND, their children may be claimed only by one parent. V. RIGHTS AND OBLIGATIONS OF THE EMPLOYER The EMPLOYER shall make timely payment of the amounts set forth in ARTICLE VII below, for the PLAN(S) identified in ARTICLE II (1); o There shall be no reversionary interest in the EMPLOYER, or in any covered employee of the EMPLOYER, of any payments made pursuant to this Agreement; The EMPLOYER represents to the FUND that the collective bargaining unit covered under the PLAN(S) is composed entirely of public employees; The EMPLOYER shall provide an original listing containing the names, addresses and social security numbers of the eligible employees to be covered by the PLAN(S); Thereafter, the EMPLOYER shall maintain a current, accurate listing of eligible covered employees and, upon receipt of the monthly billing statement from the FUND, shall promptly submit a listing of any additions or terminations of eligible covered employees f~r the current month. The monthly payments set forth in ARTICLE VII below shall be based upon the printout listing supplied by the FUND which shall incorporate the additions or terminations furnished by the EMPLOYER for the preceding month; 6. The EMPLOYER shall advise the employees of their eligibility under the PLAN(S); 7. The EMPLOYER shall make claim forms available to covered employees upon request; In the event that the benefits hereunder are deemed to be covered under the Consolidated Omnibus Budget Reconciliation Act of 1986, EMPLOYER and FUND shall cooperate to develop such procedures as may be appropriate to comply with the Act. VI. RIGHTS AND OBLIGATIONS OF THE FUND Other than those duties of the EMPLOYER set forth in ARTICLE V above, the FUND shall be responsible for the administration of the PLAN(S). The FUND shall handle all employee inquiries concerning payment of claims, including diminution or denial of claims; 2 o The FUND shall have the right, upon reasonable notice, to audit the employment records of the EMPLOYER to ascertain the accuracy of the information required to be supplied by the EMPLOYER under ARTICLE V above; o The FUND shall supply an annual financial statement concerning the operation of the PLAN(S) to the EMPLOYER. VII. SCHEDULE OF PAYMENTS VIII. The EMPLOYER agrees to pay the following amounts to the FUND in consideration of its enrollment of the employees in the benefit PLAN(S) set forth below: A. PACKAGE 7 (i) with respect to the period from January 1, 1990 to June 30, 1990, the amount of $45.92 per month per covered employee (based upon an annual rate of $551.00) payable on the first day of each month during the term of this contract; (ii) with respect to the period from July 1, 1990 to June 30, 1991, the amount of $49.08 per month per covered employee (based upon an annual rate of $589.00) payable on the first day of each month during the term of this contract; (iii) with respect to the period from July 1, 1991 to December 31, 1991, the amount of $52.50 per month per covered employee (based upon an annual rate of $630.00) payable on the first day of each month during the term of this contract; INDEMNIFICATION The FUND agrees to indemnify the EMPLOYER and hold it harmless from any lawsuit, claim, proceeding, cause or causes of action against the EMPLOYER arising out of any negligence by the FUND in the administration of the PLAN(S) and the obligations assigned to the FUND under this Agreement; The EMPLOYER agrees to indemnify the FUND and hold it harmless from any lawsuit, claim, proceeding, cause or causes of action against the FUND arising out of any inaccuracies in the list of eligible covered employees required to be supplied by the EMPLOYER under ARTICLE V, or other obligations assigned to the EMPLOYER under this Agreement. 5 IX. TERM OF THIS AGREEMENT 1. This Agreement shall take effect on January 1, 1990 and shall terminate on December 31, 1991; If, at the expiration of the collective bargaining agreement guaranteeing benefits under the PLAN(S) no successor agreement has been negotiated between the EMPLOYER and the union, and the EMPLOYER wishes to continue coverage in the PLAN(S) identified in this Agreement, as is required under Section 209-a of the Civil Service Law of the State of New York, the EMPLOYER agrees to make the required payments to maintain coverage for its employees at the current established rates then in effect for the PLAN(S) until a successor collective bargaining agreement has been signed; In the event that this Agreement, or any provision thereof relating to a specific benefit PLAN, expires prior to the expiration date of the collective bargaining agreement in effect between the EMPLOYER and the union, this Agreement may be extended beyond its termination date by written agreement between the parties provided, however, that the EMPLOYER's payment shall be made at the current established rate then in effect for the PLAN(S). X. MODIFICATION AND WAIVER The terms of this Agreement represent the final intent of the parties and may be modified or waived only by written agreement between the parties executed and acknowledged with the same formalities as this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement this /_~ day of /~z~V~,~_ , 1990. CSEA EMPLOYEE BENEFIT FUND ~ a~irPmha En .McDermott TOWN OF SOUTHOLD By: ~~/~~ Scott ~arris Supervisor