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HomeMy WebLinkAboutCSEA - Public Safety DispatcherELIZABETH NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF iNFORMATION OFFICER Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Fax (631) 765-6145 Telephone: (631) 765 - 1800 southoldto~vn.northfork.net RESOLUTION # 2006-310 Resolution ID: 1704 Meeting: 03/28/06 04:30 PM Department: Town Clerk Category: Contracts, Lease & Agreements THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2006-310 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 28, 2006: RESOLVED that the Town Board of the Town of Southold hereby ratifies the aereement between the Town of Southold and the CSEA dated March 28, 2006, which was ratified by the CSEA on March 16, 2006. Elizabeth A. Neville Southold Town Clerk PATRICIA A. FINNEGAN TOWN ATTORNEY pat ricia.finnegan ~town.southold.ny.us KIERAN M. CORCORAN ASSISTANT TOWN ATTORNEY kieran.corcoran~'t own.sout ho]d.ny.u s LORI HULSE MONTEFUSCO ASSISTANT TOWN ATTORNEY lori.montefusco ~,town.southold.ny.us SCOTT A. RUSSELL Supervisor Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1939 Facsimile (631) 765-6639 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD MEMORANDUM To: From: Date: Subject: Elizabeth A. Neville, Town Clerk Patricia A. Finnegan, Esq. Town Attorney April 4, 2006 Agreement Between CSEA and the Town For your records, attached please find an original Agreement dated March 28, 2006, between the CSEA and the Town of Southold in connection with the Public Safety Dispatchers. Also attached is a copy of the resolution authorizing the Supervisor to sign this Agreement. If you have any questions regarding this document, please do not hesitate to call me. PAF/Ik Enclosure cc: Members of the Town Board (w/o encl.) Mr. Thomas Skabry, CSEA Union President (w/encl. - original) Richard Zuckerman, Esq. (w/encl.)(via facsimile) AGREEMENT made this 6'u day of March 2006, by and between the Town of Southold and the CSEA, Inc., Local 1000, AFSCME, AFL-CIO, Southold Unit 8785. 1. Notwithstanding any inconsistent contract provision or practice to the contrary, effective January 1, 2006, step "entry" for Public Safety Dispatcher I, Public Safety Dispatcher II and Public Safety Dispatcher III salary schedules in Appendix D of the parties' Collective Bargaining Agreement shall be revised as follows: Appendix D, 2006 Title Entry 1 2 3 4 5 PSD I $40,344.02 $42,724.37 $45,104.72 $47,485.07 $49.865.42 $52,245.78 PSDII 42,790.00 45,170,35 47,550,70 49,931.05 52,311.40 54,691.76 PSD III 44,238,80 46,619.15 48,999.50 51,379.85 53,760.20 56,140.56 In addition, effective January 1, 2006, Appendix E will be updated to reflect these changes to Appendix D. 2. Notwithstanding any inconsistent contract provision or practice to the contrary, effective January 1, 2006, the salary schedules in Appendix I for Public Safety Dispatcher I, Public Safety Dispatcher II and Public Safety Ili shall be revised to be the same as those in Appendix D in the parties' amended Collective Bargaining Agreement, and these schedules shall be deleted from Appendix I.. In addition, effective January 1, 2006, Appendix J will be updated to reflect these changes to Appendix I. 3. Notwithstanding any inconsistent contract provision or practice to the contrary, effective January 1, 2006, all steps (with the exception of step 5) for the Bay Constable and Senior Bay Constable salary schedules in Appendix D shall be revised to be the same as those in Appendix I of the parties' Collective Bargaining Agreement, and these schedules shall be deleted from Appendix D. Effective January 1, 2006, step 5 for the Bay Constable and Senior Bay Constable salary schedules in Appendix I shall be revised to be the same as those in step 5 of Appendix D of the parties' Collective Bargaining Agreement, and Step 5 of these schedules shall be deleted frown Appendix I. 4. Notwithstanding any inconsistent contract provision or practice to the contrary, effective January 1, 2006, all steps for the Automotive Equipment Operator, Heavy Equipment Operator, Construction Equipment Operator, Maintenance Mechanic 1II, Auto Mechanic III, Auto Mechanic IV, Crew Labor Leader, Town Maintenance Crew Leader, and Mini-Bus Driver salary schedules in Appendices D and E of the parties' Collective Bargaining Agreement shall be revised to be the same as those in Appendices I and J of the parties' Collective Bargaining Agreement, and these salary schedules shall be deleted from Appendices D and E. 5. Notwithstanding any inconsistent contract provision or practice to the contrary, effective for all grievances filed on or after the complete ratification and approval of this Agreement, Section 35 "GRIEVANCE PROCEDURE" shall be amended to read as follows: SECTION 35. GRIEVANCE PROCEDURE 35.1 "GRIEVANCE" means any dispute between the employee and/or group of employees, 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 that are reviewable under administrative procedures established by the laws or the rules of the Suffolk County Civil Service Commission. 35.2 All grievances of employees involving the interpretation of this Agreement shall be resolved in accordance with the following procedure: Step l(a). Witlun 10 working 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 submit6 a grievance in writing to his/her immediate supervisor. The immediate supervisor shall issue a written reply to said grievance within 10 working days of its receipt. The failure of the Town at Step 1 to respond within the contractually prescribed timelines shall permit the employee to proceed to Step 2. Step l(b). Within 15 working days after the CSEA President knows or should have known of an occurrence which allegedly violates the contract with respect to a similarly affected group of employees, the CSEA President may submit a grievance in writing to the employees' Department Head, or to the Town Supervisor's office if the similarly affected group of employees are fi:om more than one Town Deparla~ent. The Department Head or Town Supervisor or designee shall issue a written reply to said grievance within 15 working days of its receipt. The failure of the Town to respond within the contractually prescribed fimelines shall permit the CSEA to proceed to Step 2. Step 2. If the employee and/or CSEA President in the event ora group grievance is not satisfied with said reply, within 10 working days of receipt of the reply, the employee may appeal the decision to the Grievance Board, made up of two designees of the Supervisor, one of whom shall normally be the Department Head, and two members from the CSEA, who shall normally be the President and his/her designated representative. The Grievance Board shall meet to either: (a) consider the grievance within 20 working days of its receipt, in which case the Grievance Board shall issue a written reply of its decision within 20 working days after the meeting to the grievant, CSEA President and the Town Attorney; or (b) if there is more than one grievance before the Grievance Board and they concern similar issues and facts, the Board by majority approval shall notify the grievant(s) of its decision to hear the grievances as a single consolidated grievance limited to those currently before it. Once consolidated, the grievances shall remain consolidated for all further purposes until the grievance is finally resolved. The Grievance Board's decision shall be made in writing and indicate the names of the grievant(s) to be included into the consolidated grievance within 20 working days of its receipt, with copies sent to the grievants, the CSEA President and the Town Attorney. The Grievance Board shall then meet within 10 working days to consider the grievance. The Grievance Board shall issue a written decision within 20 working days of the meeting. In both situations, the failure of the Town at Step 2 to respond within the contractually prescribed timelines shall permit the CSEA to proceed to Step 3, and the failure of the employee(s) to appeal within the contractually prescribed timelines shall result in the dismissal of the grievance(s). Step 3. If the CSEA is not satisfied with the Step 2 answer, the CSEA grievant may, within 30 working days, notify the Town Clerk in writing that it is requesting a hearing before an independent advisory arbitrator selected pursuant to the rules of the New York State Public Employment Relations Board, whose advisory recommendation(s) shall be forwarded to the Town Board and the CSEA Unit President within 20 working days following the Step 3 heating. The arbitrator shall be without power or authority to make any recommendation(s) which would require the commission of an act prohibited by law or is in contradiction of or adds to, subtracts from or otherwise modifies any of the terms of this Agreement. The failure of the CSEA to comply with and appeal within the contractually prescribed procedures and timelines shall result in the CSEA's written consent to the Town's application for a stay of arbitration and/or dismissal of the grievance. The cost for said arbitrator shall be borne equally by the parties. 6. Effective upon the complete ratification and approval of this Agreement, Section 21.1 (Personal Leave) Shall be amended by changing four to five days. Revise references to prorating days to reflect two days credited on January 1, one on March 1, one on June 1 and one on September 1. ' 7. The parties' Agreement, as amended by their stipulation of settlement for 1/1/2003- 12/31/2007 contract, shall remain unchanged in all other respects. 8. The Town agrees to submit to the CSEA within 30 working days of the complete ratification and approval of this Agreement a copy of the revised pages 11, 22 and 23, and Appendices D, E, I and H of the parties' Collective Bargaining Agreement reflecting the changes explicitly set forth in this Agreement. 9. This Agreement represents the totality of the parties' obligation, if any, to negotiate over their decision, and/or impact 0ftheir decision, to modify the salaries and salary schedules and grievance procedure as set forth herein. There are no agreements, oral or otherwise. 10. This Agreement is subject to the ratification by the CSEA membership within 30 working days of the signing into this Agreement and ratification and approval by the Town Board at its next regularly scheduled meeting following notification of the CSEA membership's ratification. TOWN OFSOUTHOLD By: Scott A. Russell, Supervisor CSEA, INC., LOCAL 1000, AFSCME, AFL-CIO, SOUTHOLD UNIT 8785. LORI HULSE MONTEFUSCO ASSISTANT TOWN ATTORNEY lori.montefusco@town.southold.ny.us scon A. RUSSELL Supervisor . PATRICIAA. FINNEGAN TOWN ATTORNEY patricia.fint~g'5':'l't:J~~old.ny.us KIERAN M. CORCORAN ASSISTANT TOWN ATTORNEY kieran.corcoran.@town.southold.ny.us Town Han Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971.0959 Telephone (631) 765-1939 Facsimile (63!) 765.6639 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD PRIVILEGED AND CONFIDENTIAL ATTORNEY-CLIENT COMMUNICATION MEMORANDUM To: Ms. Elizabeth Neville, Town Clerk Mr. John Cushman, Comptroller Mr. Carlisle Cochran, Chief of Police From: Lynne Krauza Secretary to the Town Attorney Date: May 25, 2006 Subject: Memorandum of AgreementJPSDs For your records, attached is a copy of the Memorandum of Agreement dated May 19, 2006, between the Town of South old and the CSEA relating to the manner in which PSDs are paid for work on a holiday. Also attached is a copy of the resolution approving this Agreement. If you have any questions regarding this matter, please call me. Thank you. Ilk Enclosures cc: Members of the Town Board (w/encls.) Memorandum of Agreement made this ~ day Of~ 2006 by and between the Town of Southold ("Town") and the Civil Service Employees Association Inc., Local 1000, AFSCME, AFL-CIO, Southold Unit 8785 ("CSEA"). WHEREAS, Public Safety Dispatcher Sheila KIos filed a grievance dated December IS, 2005, alleging that she was improperly paid for overtime worked on a holiday; and WHEREAS, Public Safety Dispatcher Holly Weingart filed a grievance dated December IS, 2005, alleging that she was improperly paid for overtime worked on a holiday; and WHEREAS, Public Safety Dispatcher Bryan Weingart filed a grievance dated December 16, 2005, alleging that he was improperly paid for overtime worked on a holiday; and WHEREAS, Public Safety Dispatcher Claude Kumijian filed a grievance dated December 18, 2005, alleging that he was improperly paid for overtime worked on a holiday; and WHEREAS, the Town denies all of these allegations; and WHEREAS, there is an accepted practice that Public Safety Dispatchers and Bay Constables, instead of receiving the specific holidays listed in Section 20.1 of the collective bargaining agreement pursuant to the terms of that Section, are the only Town employees who are credited with 13 Y:z holidays every January 1"; and WHEREAS, the parties wish to resolve this matter in an amicable way amongst them, without the uncertainties, costs and risks of continued litigation. NOW, THEREFORE, the parties agree as follows: I. The grievances are withdrawn, with prejudice. 2. In the event that a Public Safety Dispatcher or Bay Constable is required to work on a Holiday set forth in Section 20.1 that he/she was not scheduled to work as part ofhislher normal work schedule, he/she shall receive compensation as follows: a. Time and one half the employee's regular hourly salary rate for the number of hours actually worked; plus b. Straight time at the employee's regular hourly salary rate for the number of hours actually worked during the 8 a.m. to 4 p.m. work shift or double the etnployee's regular hourly salary rate for the number of hours actually worked during either the 4 p.m. to 12 a.m. or 12 a.m. to 8 a.m. work shifts. c. Public Safety Dispatchers and Bay Constables shall not accrue any compensatory time for working on a Holiday as set forth above. 3. The grievants shall be compensated as set forth above for the Holidays in dispute as referenced in their grievances. 4. In the event that a Public Safety Dispatcher or Bay Constable works on a Holiday set forth in Section 20.1 that he/she was scheduled to work as part ofhislher normal work schedule, he/she shall receive compensation as follows: a. Straight time at the employee's regular hourly salary rate for the number of hours actually worked; plus b. Straight time at the employee's regular hourly salary rate for the number of hours actually worked during the 8 a.m. to 4 p.m. work shift or double the employee's regular hourly salary rate for the number of hours actually worked during either the 4 p.m. to 12 a.m. or 12 a.m. to 8 a.m. work shifts; plus c. Public Safety Dispatchers and Bay Constables shall not accrue any compensatory time for working on a Holiday as set forth above. 5. Section 29.2 of the collective bargaining agreement shall no longer be applicable to Public Safety Dispatchers and Bay Constables who work on a Holiday set forth in Section 20.1. 6. This Agreement constitutes the entire agreement between the Town and the CSEA regarding its subject matter. No other promises have been made. This Agreement may not be modified except by a written agreement between the parties. 7. This Agreement is subject to approval by the Town Board. In the event that the Board does not approve the Agreement, then it shall become null and void and no adverse inference shall be drawn against either party by virtue of it having entered into the Agreement THE TOWN ~lli~ Dated: ~ ~/R~ / Dated: Dated: 5"//&/06 ,'l(i)\ ~I RESOLUTION 2006-478 ADOPTED DOC ID: 1865 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2006-478 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MAY 23, 2006: RESOLVED that the Town Board of the Town of Southold hereby approves the Memorandum of Al!reement between the Town of South old and the CSEA dated Mav 19, 2006, relating to grievances for holiday pay for dispatchers. I"'~ ~-<e:fa4' -lit.. Elizabeth A. Neville South old Town Clerk RESULT: ADOPTED [UNANIMOUS) MOVER: William P. Edwards, Councilman SECONDER: Daniel C. Ross, Councilman AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr.