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CSEA Agreement
©� RESOLUTION 2014-856 ADOPTED DOC ID: 10197 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2014-856 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 24,2014: RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the Stipulation of Agreement between the Town of Southold and the CSEA dated October 6, 2014 establishing the terms of a successor Collective Bargaining Agreement for the period January 1, 2013 to December 31, 2016. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Ruland, Scott A. Russell SECONDER:Jill Doherty, Councilwoman AYES: James Dinizio Jr, William P. Ruland,Jill Doherty, Scott A. Russell ABSENT: Robert Ghosio, Louisa P. Evans 10/6/14 STIPULATION OF AGREEMENT,made and entered into this 61h day of October 2014, by and between the negotiating committees for the Town of Southold and the CSE-A'Local 1000, AFSCME,AFL-CIO,Town of Southold Unit 8785 of Suffolk Local 852("the CSEA"). WHEREAS,the parties have engaged in negotiations in good faith in an effort to arrive at a successor agreement to the one that cxpired on December 31,2012;and WI-WREAS,the parties have arrived at a tentative agreement; NOW, THEREFORE,in consideration of the mutual covenants contained herein,the pailies stipulate and agree as follows: I. The provisions of this Stipulation are subject to ratification by the CSEA's membership and ratification and approval by the Town Board. 2. The signatories below agree to recommend this Stipulation for ratification/approval. 3. A copy of this original document has been provided to representatives of the Town and the CSEA. 4. A]1 proposals not contained herein made by either party during the course of x negotiations will be deemed dropped. 5. The provisions of the new Agreement will be as per the attached draft contract, unless subsequently agreed upon in writing by the parties. 6. Section 9.1 (Lavoffsl t'1 . Delete second sentence(housekeeping). 7. ecti0JJ.,1voffs)(per, Adel. "Effective upon the complete ratification and approval of the 2013-2016 Agreement, this section will be deleted and replaced with the following; 10/6/14 Lay-off and recall rights for competitive class employees will be as set forth in applicable law,rules and regulations. The lay-off and recall of full-time non-competitive and labor class employees will be made within the affected job classification and will be based upon 'gown-wide seniority, provided that the job skills,training, qualifications and work record of the retained person(s)in the affected classification are determined to be equal. said-off full-time non- conipetitive and labor class employees in promotional titles will have so called bump and retreat rights as set forth in laW for competitive class crnplOees,etceepI that they will not have the right to displace part tinge employees The lay-offand recall ofpart-time employees will be made withinthe affected job classification and will be based upon Town-wide seniority, provided that the job skills, training, qualifications, experience and disciplinary records of the retained person(s)in the affected classification are determined to be equal. Any part-time employees in the job classification within the department will be laid-off first." �i. $.Action 16,1l13e eaver�nt L ave p. 7). After the first sentence,add. "Effective upon the complete ratification and approval of the 2013-2016 Agreement,full-time employees will be entitled to four days' leave of absence with pay for the purpose of arranging and attending the funeral of the step-parent or step-child of the employee." 9. Section 3,1,23,2 23 3 ns'.s(Health 1 sura"^_ nd 1.1asnr ] .41). Notwithstanding any inconsistent contract provision orpractice to the contrary,effective upon the complete ratification and approval of the 2013-2016 Agreement, Section 23 of the Agreement will be revised as follows, SVc�ti�>�a3.1; Add; "Effective January 1, 2015,or as soon after as can be''imPleffiftted by the Town, the New York State Health lnsutant�c P14U (NXSHIP) and the Island Group, the Town of Satitliol l IWiatbyes Health Benefit Plan will be terminated and 2 1016/14 health insurance and hospitalization will be provided to each employee pursuant to the NYSI-111,/Empire Plan. There will be a six month waiting period (or a shorter period if required by law) for enrollment by new employees in the NYSHIP from the employee's date of hire." b. Sects_on3 a; Effective January 1, 2015, or as soon after as the change to the NYSHIP can be implemented by the Town, the NYSI4IP and the Island Group, delete the first,second,fourth,fifth and sixth Paragraphs and add: "All employees will contribute 5%of the premium cost towards medical and hospitalization benefits. Effective December 31,2016,if the parties have not fully ratified and approved a successor Agreement to the one that expired on December 31,2016,tbese employees'5%contribution will remain based on Premium cosi in dFect on December 31,2016 until the parties have fully ratified and approved a successor Agreement, at which time their contribution will be based on the premium cost for the N YSHIP in effect on the day that the successor Agreement is fully ratified and approved and as may be modftted thereafter,subject to any different agreement being reached by the parties." c. lection 23.3: Effective January 1, 2015, or as soon after as the change to the NYS141P can be implemented by the Town, the NYSHIP and the Island Group,this section will be deleted. d. Section 23 5: In the first paragraph, add, "Effective for plan years beginning on or after January 1,201 S,or as soon after as the change to the NYS111P can be implemented by the Town,the NYSHIP and the Island Group, an Employee will be eligible for the health insurance declination bonus ifhe/she: (a)has submitted to the Town documentation showing that he/she has health insurance coverage other thatl,through the NYSHIP;and(b)opts out of the NYSHIP for a Period of 12 consecutive calendar months. An Employee who experiences a qualifying event as defined by Internal Revenue Code Section 125 and who has submitted to the Town adequate documentation of that event may enroll in the NYSHIP within the 12- month period, and the Employee will repay,pro-rata,any amount already forwarded to the Employee in return for the waiver,by payroll deduction. The CS1:A acknowledges chat the Town will implement NYSHIP Policy 1226 unless and until it is finally vacated or set aside by a 3 I0/6/14 court or other adjudicatory body. In that event,the preexisting terns and conditions ofemployment affected by NYSHIP Policy 1220 will be reinstated as soon as is permitted by applicable laws, rules and regulations. In addition,in that event,employees will once again be eligible for the health insurance declination bonus, in the same amount and mariner as was in existence immediately preceding January 1, 2015. Nothing contained in this paragraph will be � `� �'t�'t1�1"trvv�, �.tsre��yeews�ax AW or , ' 12 ( ' CWWW49 tbo offs t ,crit ti> 10. ect on 24.2 fls-tutalgyee Benefit gund)jp. 15). Delete thin!paragraph (housekeeping). 11- Section 243 Oi na12veg Benefzt Fund) Q. Delete(housekeeping). 12• StS?1ls�fi } ?'?(Salaries)fnn 17 1 S�. Revise to read: "Effective January 1,2013,for employees who are on the payroll as of the date of the complete ratification and approval of the 2013-2016 Agreement,steps entry level through five as well the hourly acid salaried rates will be increased by 1%. Effective January 1,2014,for employees who are on the payroll as of the date of the complete ratification and approval of the 2013-2016 Agreement,steps entry level through five as well the hourly and salaried rates will be increased by 1.25%. Effective within 30 calendar days of the complete ratification and approval of the 2013-20I6 Agreement,all full-time employees who are on the payroll as of the complete ratification and approval of the 2013- 2016 Agreement will receive a one-time, off-the-salary-schedule, non- recurring cash bonus of$276,minus applicable takes and withholdings, and all part-time employees who are on the payroll as of the complete ratification and approval ofth6 2013-2016 Agreement will receive a one- time, off-rhe-salary-schedule, non-recurring cash bonus of$67,minus applicable taxes and withholdings, Effective January 1,2015,steps entry level through five as well the hourly and salaried rates will be increased by 2%. 4 10/6/14 Effective January 1,2016, steps entry level through five as well the hourly and salaried rates will be increased by 2%n." 13. Section 27.8�Salarjes=NLW) Add; "If the parties have not fully ratified and approved a successor Agreement to the one that expires on December 31,2016,employees will remain on the same step in effect on December 33,2016 until the parties have fully ratified and approved a successor Agreement at which time they will move to the step to which they would have otherwise moved had the steps not been frozen, subject to any different agreement being reached by the parties." 14. Scotian 20{ieuitvl t».X01. Delete last paragraph(housekeeping). 15. Section 341.lHours of World!n 7t . Add: "Effective upon the=complete ratification and approval of the 2013-2016 Agreement,a full-time employee and department head,upon their mutual written consent,as well as the written approval of the Towns Supervisor and CSEA President or their designees,may ilex the employee's work hours within the employee's defined workweek,provided that the impact upon the Town is cost-neutral. If any party to the agreement withdraws consent,then,within 30 calendar days of the Town receiving or issuing written notice of the withdrawal, the employee's work hours will revert to those worked Prior to the implementation of Elie flex schedule or to those in another existing shitl." 16. S�>ctiean 4.6((:'o11eCtit t Center Work Moursl(l1. ?21, Effective upon the complete ratification and approval of the 2013:20I6 Agreement,delete"hired about July 1, 1996"from the second sentence and after that sentence add,"The Town will provide an employee with at least 30 calendar days' written notice prior to implementing a change in the employee's workweek." 5 10/6114 17. Section 36(CSEA 12iahts , 24). Correct paragraph numbering through entire section (housekeeping), 1's• Section 36 2(C"�EA Rights)(n 24). Delete first sentence(housekeeping). 19- NEW(Fyaluatlons3, Add; "Effective January 1,2015,the following Performance Appraisal process will be implemented: I. Performance Appraisals will be used to provide employees with an assessment of their performance over the prior year, suggestions for areas where performance can be improved, establish performance goals for the coming year,evaluate eligibility forpromotions,salary reclassifications,and may be used for background evidence for any disciplinary action. 2. Performance Appraisals will be conducted on an annual basis by the employee's Department Head. Department I'leads will be evaluated by the Supervisor or leis/her designee. 3. Perfonnanc:e Appraisals will be completed during the first quarter of each calendar year. 4. Ile Town Board or'designee will notify CSEA and employees about the performance criteria upon which employees are evaluated. 5. All employees will be evaluated on-the same performance criteria unless the Department bead determines, in his/her sole discretion, that a particular criterion is not applicable to the employee's job duties. 6. All employees will have the opportunity to review and discuss their Performance Appraisal with the Department Head. Employees will also have the right to comment on the Pertbrrnance Appraisal in writing within 15 v►+4ir1 *Oft dtscuWan. All employe'wilt be p mice, , - required to siggrx:ftP at floe rro sio)a of the diset itan. The sipatm wA;l oatfu:outy flat the a nployee rem'ved,rood and revised the UMWIW �1 D,*POrMt Xe*d. 6 10/6/14 7. All completed Performance Appraisals and timely replies will be stapled together and placed in the employee's personnel file. 8. The agreed upon Performance Appraisal form will be attached to the Agreement. The Town Supervisor and CSEA Unit President may agree in writing to amend the Performance Appraisal form." 20• ectibn 44 2(l rcrt�eno�+rt(NEW). Add: "Effective January 1,2015, employees will participate in direct deposit ofpaycheeks and provide the relevant bank account information to the Town. The Town will provide access to electronic and paper paystubs in accordance with applicable law. An,employee who does not have a bank account as of the date of the complete ratification and approval of the 2013-2016 Agreement will open one by January 1,2015,even if solely for the purpose of participating in direct deposit of paychecks." FOR THE TOWN: FOR THE CSEA: C rte-ce v er