HomeMy WebLinkAboutCSEA - Contract ORIG1AL
10/13/15
STIPULATION OF AGREEMENT made and entered into this 13th day of October 2015,
by and between the negotiating committees for the Town of Southold and the CSEA Inc.,Local
1000,AFSCME, AFL-CIO, Southold Unit 8785 ("the CSEA").
WHEREAS,the parties are signatories to a collective negotiations agreement covering
the period January 1, 2008 through December 31,2012,as modified by a memorandum of
agreement covering the period January 1,2013 through December 31, 2016 (collectively,"the
CBA"); and
WHEREAS, to address various non-substantive,"housekeeping"issues as well as an
increase to the Step 5 base salary for Senior Assessment Assistant, the parties have engaged in
good faith negotiations and have agreed to reopen the CBA for the sole purposes set forth below;
and
.WHEREAS,the parties have arrived at a tentative agreement addressing these issues.
NOW, THEREFORE, in consideration of the mutual covenants contained herein,the
parties hereby stipulate and agree as follows:
1. The provisions of this 2015 Reopener Agreement are subject to ratification by the
CSEA membership and ratification and approval by the Southold Town Board.
2. The signatories below agree to recommend the 2015 Reopener Agreement for
ratification/approval.
3. A copy of this original document has been furnished to representatives of the
Town and the CSEA.
4. All proposals not covered herein made by either party during the course of
negotiations will be deemed dropped.
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5. The provisions of the 2013-2016 collective negotiations agreement including,but
not limited to, any non-substantive changes regarding formatting, renumbering, spelling,
grammar; etc.,will be as per the attached redlined draft contract, unless subsequently agreed
upon in writing by the parties. The parties agree that,if needed,the table of contents in the
attached redlined draft contract will be updated to reflect any page number changes required to
incorporate the terms of the 2015 Reopener Agreement into the final contract.
6. Section 3.1(c) (Agency Shop Fee). Replace"bi weekly pay day"with"month."
7. Section 6.1 (Definitions). At the end of the sentence, add: "and those employees
who work the schedule set forth in Section 34.6."
8. Section 23.2 (Health Insurance and Hospitalization). Effective retroactive to
January 1, 2015, or as soon after as the change to the NYSHIP can be implemented by the Town,
the NYSHIP and the Island Group, delete the paragraph that reads:
It is the Town's intent to provide all employees with written notice, on or
about October 1 of each year, of the estimated total premium cost of the
medical and hospitalization plan and each employee's 5% contribution
amount that is anticipated to be in effect for the following calendar year based
on the employee's current level of coverage.
9. Section 23.5, 6th Paragraph (Health Insurance Declination Bonus). Replace"a
period of 12 consecutive months"with"the period January 1 through December 31."
10. Section 34.6(Collective Center Schedule). Change both instances of
"supervision"to "department head."
11. Section 53 (Term of Agreement). Renumber this as "Section 54." Change
"2008"to"2013"and "2012"to "2016."
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12. Appendices C, D (Salary Structure). Effective retroactive to January 1, 2015, the
2015 Step 5 base salary for Senior Assessment Assistant will be increased by$4,000 to
$67,664.43, and, effective January 1, 2016, the 2016 Step 5 base salary for Senior Assessment
Assistant will be increased by 2%to$69.017.72.
13. All other terms and conditions of the parties' CBA will remain in full force and
effect except as amended by a specific provision of the 2015 Reopener Agreement.
FOR lE TOWN: FOR THE CSEA:
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I G 1 AL
AGREEMENT
by and between the
TOWN OF SOUTHOLD
and the
CIVIL SERVICE
EMPLOYEES ASSOCIATION, INC.
Local 1000,AFSCME,AFL-CIO
CSEA
Town of Southold Unit
Suffolk County Local 852
January 1, 2013 - December 31, 2016
12/1/15
TABLE OF CONTENTS
SECTION PAGE
AGENCY SHOP FEE 3 2
AMENDMENTS 37 26
BEREAVEMENT LEAVE 16 7
CIVIL SERVICE PROTECTION 7 3
COMPENSATORY TIME 22 10
CSEA RIGHTS 36 24
DEFINITIONS 6 3
DISABILITY INSURANCE 50 28
DUES 26 17
EMPLOYEE BENEFIT FUND 24 16
EMPLOYEE DRUG AND ALCOHOL 'TESTING 49 28
EMPLOYEE LEAVE REQUESTS 47 28
EMPLOYEE TRAINING 45 28
GOOD FAITH AGREEMENT 4 2
GRIEVANCE PROCEDURE 35 23
HAZMAT DUTIES 51 28
HEALTH INSURANCE AND HOSPITALIZATION 23 11
HIGHWAY DEPARTMENT 48 28
HOLIDAYS 20 9
HOURS OF WORK 34 21
INJURIES SUSTAINED IN THE COURSE OF
EMPLOYMENT 11 5
JURY DUTY 15 7
LAYOFFS 9 4
LEAVE FOR CIVIL SERVICE EXAMINATION 52 28
LEAVE OF ABSENCE 18 7
LEGAL SERVICES 10 5
LEGISLATIVE APPROVAL 39 26
LICENSES 33 21
LONGEVITY 30 20
MANAGEMENT RIGHTS 2 1
MILEAGE ALLOWANCE 32 21
NEGOTIATING COMMITTEE 5 2
NO STRIKE PLEDGE 38 26
OVERTIME 29 19
PAYROLL CHECKS 44 27
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PERSONAL LEAVE 21 10
PERSONNEL RECORDS 12 5
PUBLIC SAFETY DISPATCHERS 43 27
RECALL 28 19
RECOGNITION 1 1
RETIREMENT BENEFITS 25 16
SALARIES 27 17
SENIORITY 8 3
SEVERABILITY 42 27
SHIFT DIFFERENTIAL 31 21
SICK LEAVE 19 8
TERM OF AGREEMENT 53 30
TERMINATION BENEFITS 40 26
TIME CLOCKS 46 28
UNAUTHORIZED ABSENCE 17 7
UNIFORMS 13 6
VACATIONS 14 6
WAIVER-ZIPPER 41 27
APPENDIX A - 31
APPENDIX B 32
APPENDIX C 33
APPENDIX D34
APPENDIX E ' 35
APPENDIX F 38
APPENDIX G 41
APPENDIX H - 44
PART TIME RATES 47
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THIS AGREEMENT made this 14th day of October 2015, between the TOWN
OF SOUTHOLD, a municipal corporation of the State of New York, having its principal
office at 53095 Main Road, Southold, Suffolk County,New York ("the TOWN") and the
C.S.E.A. Inc., Local 1000, AFSCME, AFL-CIO, Southold Unit 8785, a membership
corporation of the State of New York, with offices located at 143 Washington Avenue,
Albany, New York ("the CSEA").
WHEREAS, the CSEA has been duly 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 Town Supervisor, secretary to the
Town Attorney, Town Comptroller, lifeguards, beach attendants, school crossing guards,
TCO's, all other seasonal employees except deputy tax receivers, appointees, volunteers,
interns, police officers of the police department of the Town, and all positions designated
as managerial and/or confidential by PERB in Case No. E-2359, 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. Inc., Local 1000, AFSCME, AFL-CIO,
Southold Unit 8785 as the exclusive employee organization to represent the employees
and extends to the 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, as per the Taylor Law.
SEC. 2. MANAGEMENT RIGHTS
2.1 Not contrary or inconsistent with the terms of this Agreement, the Town reserves
the right to determine the standards of service to.be offered by its various departments; to
set standards of selection for employment; to direct its employees; to regulate work
schedules; to take disciplinary action; to abolish positions; to maintain the efficiency of
governmental operations; to determine the methods, means and personnel by which
municipal operations are to be conducted; to determine the content of job classifications
subject to Civil Service Department approval; to take all actions necessary to carry out its
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mission in emergencies; and the technology of performing its works.
SEC. 3 AGENCY SHOP FEE
3.1 The CSEA will have the following security:
a) Every employee who is a member of the CSEA will remain a member of
the CSEA in good standing for the term of this Agreement or pay to the CSEA a service
fee.
b) Every employee hired during the term of this Agreement will, no later than
the first pay day after the date of hire, either:
1. Become a member of the CSEA and remain a member in good
standing for the term of this Agreement; or
2. Pay the CSEA service fee.
c) The CSEA service fee is a fee equal to the biweekly dues of the CSEA, to
be paid to the CSEA by the employees who do not become members of the CSEA. The
amount will be deducted from the employee's biweekly pay check and will be paid
directly to the CSEA on each month.
d. The Town assumes no liability or responsibility for the disposition of the
agency fee funds collected by it for the CSEA after the same are transmitted to the CSEA
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 in the administration of
its affairs regarding the agency fee, against all claims the CSEA holds the Town
harmless.
SEC. 4. GOOD FAITH AGREEMENT
4.1 The parties agree that they will each conduct grievance hearings and contract
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.
SEC. 5. NEGOTIATING COMMITTEE
5.1 The CSEA negotiating committee will consist of no more than five employees
who are negotiating on Town time. No more than five negotiation sessions will be held
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during the normal work day without the consent of both parties.
SEC. 6. DEFINITIONS
For the purposes of this Agreement, the following definitions will apply:
6.1 "Full-time employee" means those employees who regularly work 12 months per
year, five days per week and not less than seven hours per day and those employees who
work the schedule set forth in Section 34.6.
6.2 "Part-time employee" means those employees who regularly work less than 12
months per year, or who work less than five days per week, or who work less than a
seven hour day.
SEC. 7. CIVIL SERVICE PROTECTION
7.1 Employees appointed from a valid Civil Service list will be granted the protection
afforded to them by the applicable provision of Article 5 of the Civil Service Law.
7.2 Full-time employees in the non-competitive class who will have rendered 12
months of continuous service will be granted the protection of the applicable provisions
of Article 5 of the Civil Service Law.
7.3 Employees will 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.
7.4 Notice of all positions of employment to be filled within the bargaining unit will
be posted on available bulletin boards and all eligible employees will be given adequate
opportunity to submit an application.
7.5 Prior to creating a new position covered by the recognition clause and rate for
same, the Town will 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.
SEC. 8. SENIORITY
8.1 Seniority will be determined on the basis of continuous employment in the service
of the Town and each department of the Town will establish and maintain a seniority list
of the full-time employees in the department. Unless otherwise provided by law,
seniority for full-time employees will include full credit for each year of full-time
employment in the service of the Town, and 1/2 year credit for each year of any part-time
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service with the Town. This provision will not be construed to require credit for part-
time service for purposes of leave time accruals or longevity.
8.2. Unless otherwise provided by law, and subject to the provisions of Section 9
(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 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, training, experience and fitness to
properly perform the duties of the position.
SEC. 9. LAYOFFS
9.1 During the terms of this Agreement, the Town will not lay off employees hired
prior to December 31, 1980, unless there is reasonable cause.
9.2 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).
Any part-time employees in the job classification within the department will be laid-off
first, in inverse order of seniority. Effective October 24, 2014, this paragraph will be
deleted.
Effective October 24, 2014, 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 Town-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. Laid-off full-
time non-competitive and labor class employees in promotional titles will have so called
bump and retreat rights as set forth in law for competitive class employees, except that
they will not have the right to displace part-time employees.
The lay-off and recall of part-time employees will be made within the 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.
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9.3 When it is necessary to employ additional employees, the positions will 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 the employment will be sent to each
employee by registered mail directed to the employee's last known address advising of
same.
9.4 In the event of lay-offs, the Town will make every reasonable effort to notify in
writing both the CSEA Unit President and the employee affected at least 45 calendar days
prior to the effective date of the layoff.
SEC. 10. LEGAL SERVICES
10.1 The Town will 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.
SEC. 11. INJURIES SUSTAINED IN THE COURSE OF EMPLOYMENT
11.1 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 will
first occur. If an employee receives salary during a period of incapacity, any sums
received by the employee under the provisions of the Workers' Compensation Law for
lost earnings as a result of the injury will be paid by the employee to the Town. The
employee may utilize his/her unused accrued sick time, compensatory time, personal time
and vacation time, in that order, during absences from work for which the Town does not
agree to continue to pay the employee's full salary. Nothing contained herein will in any
way be deemed to restrict the Town's right to separate employees pursuant to the
provisions of Civil Service Law Sections 71-73.
SEC. 12. PERSONNEL RECORDS
12.1 Any employee, not more than twice yearly, will be entitled to examine his/her
official personnel file upon making a request to the person having custody of the records.
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12.2 Upon request, any employee will be furnished with a copy of any material in
his/her personnel file.
12.3 Only one employee official personnel file will be maintained that will contain all
material with respect to the employee.
12.4 No material derogatory to any employee, his/her conduct, character or service will
be placed in his/her personnel file unless he/she has been given the opportunity to
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examine the same and affix his/her signature thereon, which signature will not be deemed
to indicate that the employee in any way consents to or agrees with the contents. The
employee may place in the personnel file a written answer to any derogatory material in
the files within 10 working days after receiving notification of the proposed inclusion of
the material in the file.
SEC. 13. UNIFORMS
13.1 Public Safety Dispatchers, Traffic Control Officers, Bay Constables and
employees from the Landfill, Highway Department and Human Resource Center, who
are supplied uniforms may either, at their option, clean their uniforms themselves or elect
to utilize the Town selected cleaning service.
SEC. 14. VACATIONS
14.1 All full-time employees will be entitled to vacation time in accordance with the
following schedule:
LENGTH OF SERVICE VACATION CREDIT
After 6 months 3 days
Start of 2nd year through the 3rd year 10 days
Start of 4th year through the 6th year 12 days
Start of 7th year through the 9th year 15 days
Start of 10th year through the 11th year 18 days
Start of 12th year through the 14th year 20 days
Start of 15th year through the 19th year 23 days
Start of 20th year though the 22nd year 25 days
Start of 23rd year and thereafter 30 days
14.2 Advanced payment for earned vacation will be paid to the employee prior to
commencement of the vacation, provided that the employee gives at least three weeks'
prior written notice of the time of the commencement to the Department Head.
14.3 The head of each department will approve the vacation schedules for the
employees in the respective departments.
14.4 Not more than 12 days of unused vacation time may be carried over into the
succeeding year.
14.5 Subject to the prior approval of the Department Head, vacation may be taken in
increments of one day at a time, so long as it does not interfere with the day to day
operation of services to the Town.
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14.6 No time will be accrued during leaves of absence and/or suspensions from work
exceeding 30 calendar days.
14.7 If the Town cancels a previously approved vacation, or any part thereof, it will pay
the employee for any time that cannot be rescheduled that year.
SEC. 15. JURY DUTY
15.1 Employees who are required to serve on jury duty will receive full salary during
the period of service, subject to their payment to the Town of all amounts received for
duty, exclusive of expenses of travel and meals, and will receive full excusal for the day
of jury duty, regardless of shift.
SEC. 16. BEREAVEMENT LEAVE
16.1 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 spouse, child, parent, brother,
sister, parent-in-law, son-in-law, daughter-in-law or, effective October 24, 2014, step-
parent or step-child, of the employee. A full-time employee will 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 will be in addition to any other
leave of absence to which the employee is entitled under any other provision of this
Agreement. The Town Supervisor will also have the sole, non-grievable discretion to
grant bereavement leave for the loss of other persons.
SEC. 17. UNAUTHORIZED ABSENCE
17.1 An employee who will be absent without authorization, for which no satisfactory
explanation is given, will not be compensated for the period of absence, and if the
absence will continue for 10 continuous working days, the unauthorized absence will be
deemed to constitute just cause for dismissal in accordance with applicable rules of the
Suffolk County Civil Service Rules and Regulations.
SEC. 18. LEAVE OF ABSENCE
18.1 Upon request, full-time employees maybe granted a child care leave of absence
not exceeding two years without pay by reason of the birth to or adoption of a child by
the employee. The employee, upon the expiration of the period of leave of absence, will
be restored to same or comparable position of employment, if available. Part-time
employees may be granted a leave of absence without pay for these reasons, at the
discretion of the Town Board.
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18.2 Upon request, full-time employees may be granted a leave of absence,without pay
not exceeding one year for reasons of personal health or that of their immediate family,
provided, however, that the necessity therefor is certified in writing to the Town Board by
a physician.
SEC. 19. SICK LEAVE
19.1 Upon completion of one year of service, full-time employees will be entitled to 15
days' sick leave with pay. Full-time employees with less than one year of service will be
entitled to one day of sick leave with pay for each month of service. Part-time employees
will accrue one hour of sick leave for each 20 hours actually worked. Not more than 1/3
of this accrued time may be utilized annually, pursuant to the procedures contained in
Section 21 and applicable department practices, if any, as though it were personal leave.
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19.2 Full-time employees hired after October 15, 1996 will be entitled to 12 days' sick ,
leave during their first year of employment, 13 days during their second year of
employment,, 14 days during their third year of employment and 15 days' sick leave
thereafter.
19.3 Unused sick leave may be accumulated up to a maximum of 280 days.
19.4 An employee who becomes sick while on vacation may have the period of illness
charged against any unused sick leave, provided that a physician certifies to the illness
and its duration in writing, and the vacation period of the employee will be extended
accordingly. ' -
19.5 An 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/she worked at least 50% of the normal
work day, otherwise he/she will be charged for a full day of sick leave.
19.6 Employees who are required to attend a doctor's appointment during normal
working hours and cannot reschedule the appointment after working hours, will have sick
leave time deducted in the same manner as in Section 19.5, except that, for up to 10 hours
per year, absences of less than one-half day will be charged as actual hours of work
missed.
19.7 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. In addition, a Department Head may, in consultation with the CSEA President, also
require a physician's statement if the Department Head has reason to believe that an
employee is abusing his/her sick leave privileges by, for example, exhibiting a pattern of
absences on the first or last days of the employee's regularly scheduled workweek, the
days immediately before or after a holiday or vacation period, or due to use of sick leave
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in excess of the unit average for the past three full calendar years. A person who is at or
exceeding the average will be notified in advance that a doctor's note will be necessary
for future absences.
19.8 Upon retirement, a full-time employee will be entitled to payment for the first 40
days of accumulated unused sick leave. For days accumulated over 40, additional
payment will be made at the rate of one day for each three accumulated over 40. In no
event will the grand total payment exceed 120 days.
In order to be paid for unused accumulated sick leave, the employee must notify
the Town Comptroller, on a Town provided form, of the employee's non-binding
intention to retire no fewer than 45 calendar days prior to the date of the adoption of the
budget, but in no event later than October 1st. The retiree will receive the monies due
provided that the required notice was provided. If the required notice was not provided,
then the payment will not be lost, but will become payable 30 calendar days after the
commencement of the fiscal year for which the Town budgeted for the same or had an
opportunity to do so.
19.9 No time will be accrued during leaves of absence and/or suspension from work
exceeding 30;calendar days.
SEC. 20. HOLIDAYS
20.1 Full-time employees will be entitled to the following holidays off with pay:
• the first day of January, known as New Year's Day
• the third Monday of January, known as Martin Luther King, Jr. Day
• the third Monday in February, known as President's Day
• the last 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 day after Thanksgiving Day, except for employees assigned to the
Landfill, who will receive a floating holiday to be scheduled as though
1 it were a personal day
• the twenty-fifth day of December, knows as Christmas Day
• the eve of Thanksgiving Day, '/2 day
; • the eve of Christmas Day, '/2 day
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• the eve of New Year's Day, 1/2 day
20.2 Where a federally observed holiday differs from the list of holidays set forth in
Section 20.1, the federal holiday will be observed.
20.2a Holidays for Public Safety Dispatchers and Bay Constables will be observed on
the day of the actual holiday.
20.3 In the event that any of the above specified holidays occurs on a Saturday, the
preceding Friday will be observed as a holiday, and if any of the above specified holidays
occurs on a Sunday, the succeeding Monday will be observed as a holiday.
20.4 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 those days, the
employees so requested to work on the above named holidays agree to do so and will be
compensated in accordance with Section 29.2.
20.5 Unless on vacation or an approved compensatory time, holiday, personal or sick
day, employee must work his/her last regularly scheduled day before and the first
following the holiday in order to receive holiday pay or compensatory time off.
20.6 Employees will have the option of receiving pay rather than time off for all
holidays per calendar year,provided written notice is provided to the Accounting
Department, on a form prepared by the Town after notice to the CSEA, by not later than
December 31; of that year. Employees continue to have the right to carry over unused
holidays into the next calendar year, per existing practices.
SEC. 21. PERSONAL LEAVE
21.1 Full-time employees will be entitled to five days' personal leave of absence with
pay in each calendar year for personal business reasons (personal leave days),provided
that time for taking the leave will be subject to prior approval by the Department Head. "
Personal leave will be prorated for new full-time employees and for full-time employees
during their last year of employment as follows: two days credited on January 1, one on
March 1, on on June 1 and one on September 1.
SEC. 22. COMPENSATORY TIME
22.1 Whenever ari employee is entitled to compensatory time off, it will be taken at the
time and for the duration as is mutually agreed to by the employee and the Department
Head of the department in which he/she is employed.
(a) Employees in safety sensitive positions may accrue up to, but no more
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than, 240 hours of compensatory time, and employees in non-safety sensitive positions
may accrue up to, but no more than, 160 hours of compensatory time as of each
December 31st. Except where otherwise agreed to in writing by the Department Head,
the employee must request the use and/or payment of 50% of his/her compensatory time
that exceeds 120 hours by each September 1st and must make at least one request for the
use of compensatory time every two months. Any denial of a request to use
compensatory time will be automatically reviewed by the Town Supervisor or designee
and a written response issued to the employee within 14 calendar days from the
Supervisor or designee's receipt of the denial. If, as the result of a decision to deny the
use of compensatory time as requested, the employee still has more than 120 hours of
compensatory time as of each December 31st, then the Town will pay for that excess
time, provided that the employee has made a good faith effort to request, schedule and
use this time as contemplated by this Agreement.
(b)Nothing contained in this Agreement will be construed as in any way
restricting the Town's right to take any actions required by the provisions of the federal
Fair Labor Standards Act, and the cases and regulations interpreting it, subject to the
Town's duty to bargain, if any, with the CSEA regarding those actions.
22.2 All Town employees asked to report or remain on duty during a weather
emergency when normal Town services are suspended will receive compensatory time at
the straight time rate for all hours actually worked during their normal shift.
SEC. 23. HEALTH INSURANCE AND HOSPITALIZATION
23.1 There will be a six month waiting eligibility period for inclusion into the Town of
Southold Employees Health Benefit Plan from the employee's date of hire. Effective
January 1, 2015, or as soon after as can be implemented by the Town, the New York
State Health Insurance Plan (NYSHIP) and the Island Group, the Town of Southold
Employees Health Benefit Plan will be terminated and health insurance and
hospitalization will be provided to each employee pursuant to the NYSHIP/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."
23.2 The Town will continue to pay its 100%premium contribution towards 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. Any employee hired after
January 15, 2008 will contribute 5% of the premium cost toward medical and
hospitalization benefits. Effective January 1, 2015, or as soon after as the change to the
NYSHIP can be implemented by the Town, the NYSHIP and the Island Group, this
paragraph will be deleted.
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Any employee hired on or before January 15, 2008 will contribute 5% of the
premium cost towards medical and hospitalization benefits. Effective December 31,
2012, if the parties have not fully ratified and approved a successor agreement to the one
due to expire on December 31, 2012, these employees' 5% contribution will remain
based on the premium cost in effect on December 31, 2012, until the parties have fully
ratified a successor agreement, at which time their 5% contribution will be based on the
premium cost in effect on the day that the successor agreement is fully ratified and
approved and as may be modified thereafter, subject to any different agreement being
reached by the parties. This provision does not alter in any way the health insurance
contribution contract provision in effect for employees hired after January 15, 2008.
Effective January 1, 2015, or as soon after as the change to the NYSHIP can be
implemented by the Town, the NYSHIP and the Island Group, this paragraph will be
deleted.
Effective January 1, 2015, or as soon after as the change to the NYSHIP can be
implemented by the Town, the NYSHIP and the Island Group, 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, these employees'
5% contribution will remain based on the premium cost in effect 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 NYSHIP in effect on the day
that the successor Agreement is fully ratified and approved and as may be modified
thereafter, subject to any different agreement being reached by the parties.
It is the Town's intent to provide all employees with written notice, on or about
October 1 of each year, of the estimated total premium cost of the medical and
hospitalization plan and each employee's 5% contribution amount that is anticipated to be
in effect for the following calendar year based on the employee's current level of
coverage. Effective January 1, 2015, or as soon after as the change to the NYSHIP can
be implemented by the Town, the NYSHIP and the Island Group, this paragraph will be
deleted.
Effective February 1, 2008, the Town's medical plan benefit package will fully
and completely mirror the Empire Core Plus Enhancements Plan as it existed as of
January 1, 2007. Effective each succeeding January 1st, the Town's medical plan benefit ,
package will fully and completely mirror the Empire Core Plus Enhancements Plan as it
existed as of the January 1st of the previous calendar year. Effective January 1, 2015, or
as soon after as the change to the NYSHIP can be implemented by the Town, the
NYSHIP and the Island Group, this paragraph will be deleted.
Notwithstanding any other provisions of Section 23.2, effective February 1, 2008,
the prescription co-pays for medications for which there is no generic brand equivalent
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will be equal to one-half of the difference between the co-pay required as of January 1,
2007 and January 1, 2008 by the Empire Core Plus Enhancements Plan. Effective each
succeeding January 1st, the prescription co-pays will be equal to one-half of the difference
between the co-pay required as of January 1St of the previous calendar year and that
January 1st by the Empire Core Plus Enhancements Plan. Effective January 1, 2015, or as
soon after as the change to the NYSHIP can be implemented by the Town, the NYSHIP
and the Island Group, this paragraph will be deleted.
The Joint Labor-Management Committee will have jurisdiction over and continue
the parties' discussions about health insurance and fringe benefit cost-containment
measures. Criteria and other matters that are not terms and conditions of employment
will not be subject to the jurisdiction of this committee. The committee's discussions and
results are subject to bilateral agreement, but not to the contractual grievance and
arbitration or PERB's impasse or fact fording procedures. Effective January 1, 2015, or
as soon after as the change to the NYSHIP can be implemented by the Town, the
NYSHIP and the Island Group, this paragraph will be deleted.
23.3 The hospitalization program may be subject to grievances only with respect to the
application of the terms of the hospitalization program to individual claim and not with
respect to the terms of the plan itself. Effective January 1, 2015, or as soon after as the
change to the NYSHIP can be implemented by the Town, the NYSHIP and the Island
Group, this paragraph will be deleted.
23.4 Employees will be eligible for individual coverage, but not family coverage, if
they are eligible for coverage under another Town employee's Town health insurance
plan. The employee may reinstate family coverage in the event of an emergency causing
the loss of the other person's Town health insurance, consistent with the rules and
regulations of the Town's health insurance plan and applicable laws and regulations.
Effective January 15, 2008, employees will not be eligible to be covered under the
Town's health insurance plan, if they are eligible for coverage under another Town
employee's Town health insurance plan. The employee may reinstate coverage in the
event of an emergency causing the loss of the other person's Town health insurance,
consistent with the rules and regulations of the Town's health insurance plan and
applicable laws and regulations.
At retirement, an employee who would otherwise be eligible for retiree health
insurance but for the operation of this provision will continue to be ineligible for retiree
health insurance. However, during retirement, the former employee may reinstate his/her
own individual health insurance coverage (or family coverage if the employee has
dependents as defined in the plan) in the event of an emergency causing the loss of the
other person's Town health insurance, consistent with the rules and regulations of the
Town's health insurance plan and applicable laws and regulations.
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23.5 Health Insurance Declination Bonus. Employees may opt out of the Town's
health insurance program in whole or in part for a full year by completing the appropriate
form furnished by the Town. An employee opting out of the Town's health insurance
program in whole or in part will be paid 50% of the premium savings, provided the
employee maintains the employee's waiver (remains out) for a full year. Payments will
be subject to all usual payroll deductions and will be made on or about December 15 of
each year.
Employees electing to waive coverage must do so by filing their forms no later
than November 30th in any year, with the provisions of this section taking effect on the
next January 1st. Once a waiver form has been filed with the Town, the waiver will
continue to be in effect from year to year thereafter until the employee elects to reenroll,
and the employee will be entitled to the applicable payment for waiver for each full year
his or her waiver is in effect. Employees will continue to be notified if the application to
decline insurance is incomplete or insufficient.
It is understood that once an employee has waived coverage for a particular year,
the employee may not reinstate coverage for that year except in the event of an
emergency causing the loss of insurance through another source and consistent with the
rules and regulations of the Town's flexible spending plan and applicable laws and
regulations. Emergency will include loss of employment or termination of insurance for
a spouse whose employer had provided the alternative insurance. Emergency will not
include the change of any alternative insurance from a noncontributory to a contributory
plan or the voluntary declination of the spouse of insurance offered by the spouse's
employer.
An employee may reinstate coverage not more than 30 days prior to retirement,
consistent with the rules and regulations of the Town's health insurance plan, by written
request to the Town comptroller. In the event the employee re-enters the health,insurance
plan 30 or fewer days prior to retirement, the declination payment will be prorated and
adjusted accordingly. Any monies then owed to the Town will be deducted from the
employee's remaining paycheck(s) and/or cash payments the employee may be eligible
for at the time of retirement. If these payments are insufficient to meet the employee's
actual repayment obligations, the employee will be deemed to have consented to
recoupment based on terms and conditions to be set by the Town at the time of
recoupment.
Reinstatement of coverage for the succeeding year may be made by notifying the
Town in writing no later than November 30th to be effective the succeeding fiscal year.
This deadline will not apply to emergency reinstatement of insurance as provided for in
the above paragraph, but the reinstatement will be subject to whatever requirements or
deadlines are imposed by the Town's program. If reinstatement occurs during a waived
year due to emergency, the employee will repay, pro rata, any amount already forwarded
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to the employee in return for the waiver by payroll deduction.
Effective for plan years beginning on or after January 1, 2015, or as soon after as
the change to the NYSHIP can be implemented by the Town, the NYSHIP and the
Island Group, an Employee will be eligible for the health insurance declination bonus if
he/she: (a) has submitted to the Town documentation showing that he/she has health
insurance coverage other than through the NYSHIP; and (b) opts out of the NYSHIP for
the period January 1 through December 31. 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 CSEA acknowledges that the Town will implement NYSHIP Policy 122r3
unless and until it is finally vacated or set aside by a court or other adjudicatory body. In
that event, the preexisting terms and conditions of employment affected by NYSHIP
Policy 122r3 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 manner as was in existence
immediately preceding January 1, 2015. Nothing contained in this paragraph will be
construed as waiving the rights of the Town, CSEA or employees or bargaining unit-
represented retirees to commence or join any litigation challenging NYSHIP Policy
122r3 (other than litigation challenging the validity of this Agreement).
23.6 Retiree Health Insurance. Notwithstanding any contract provision or practice to
the contrary, an employee will be eligible for retiree health insurance provided that the
employee has been covered by the Town's health insurance plan for at least 10
consecutive years and was employed by the Town on the last date immediately prior to
retirement into the New York State Employees Retirement System.
It is understood that an employee who is covered by another Town employee's
health insurance plan and therefore not eligible for health insurance pursuant to Section
23.4 or who opts out of health insurance coverage pursuant to Section 23.5 will be
considered a "covered employee under the Town's health insurance plan" for purposes of
determining eligibility for retiree health insurance, provided that all other eligibility
requirements have been met.
23.7 Flexible Spending Plan. An Internal Revenue Code § 125 flexible spending plan
related to the health insurance declination and employee contributions toward the
premium cost of health insurance only has been implemented by the Town. It is
understood that participation in the flexible spending plan is voluntary and that before the
plan is utilized by a particular unit member, the member will first agree in writing to
indemnify and save the Town harmless against any and all claims and/or liabilities,
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including attorneys' fees, that may arise out of or be reason of action taken or not taken
by the Town for the purpose of complying with this Section.
SEC. 24. EMPLOYEE BENEFIT FUND
24.1 The Town will make payments to the CSEA Employee Benefit Fund for the
benefit of full-time employees.
The Town will pay 100% of the premiums for the benefits provided by the former
CSEA Benefit Fund Package 7 Plan for each full-time employee.
24.2 CSEA represents that the CSEA Employee Benefit Fund is a legally constituted
entity; that the 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 the entity. CSEA also represents that it will obtain and
provide to the Town the assurance from the Trustees of the Benefit Fund as will satisfy
the representations set forth in the preceding paragraph hereof.
24.3 It is understood and agreed by and between the parties 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 the 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 which the
CSEA does hereby hold the Town harmless.
SEC. 25. RETIREMENT BENEFITS
25.1 Subject to the applicable provisions of law, the Town will provide to Tier 1 and 2
employees a noncontributory "Improved 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 to the New York State Employees Retirement System.
25.2 Subject to the applicable provisions of the law, the Town will provide to Tier 3
and Tier 4 employees a retirement plan in accordance with the New York State
Retirement and Social Security Law.
25.3 Unused sick leave will be applied as additional service credit upon retirement of
an employee in accordance with the provisions of Section 41J of the Retirement and
Social Security Law.
SEC. 26. DUES
26.1 Dues deduction will be made uniformly and consistently by the Town on each
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payroll period and promptly paid over to the Treasurer of CSEA.
26.2 The Town will continue to make deductions from the salary of each employee
who has authorized them in writing until authorized in writing by the employee to
discontinue, change, or amend the deductions.
26.3 Any employee authorization to discontinue dues deductions will be in duplicate
signed by the employee and submitted to the Supervisor, who will promptly mail one
copy to the Treasurer of CSEA.
26.4 The Town assumes no liability or responsibility for the disposition of dues
deductions after they are paid over to the Treasurer of CSEA.
SEC. 27. SALARIES
27.1 For all full-time employees hired on or before June 8, 1999:
Effective January 1, 2013, for employees who are on the payroll as of October 24,
2014 steps entry level through five, as well as the hourly and salaried rates, will be
increased by 1%.
Effective January 1, 2014, for employees who are on the payroll as of October 24,
2014, steps entry level through five, as well as the hourly and salaried rates, will be
increased by 1.25%.
Effective within 30 calendar days of October 24, 2014, all full-time employees
who are on the payroll as of October 24, 2014 will receive a one-time, off-the-salary-
schedule, non-recurring cash bonus of$276, minus applicable taxes and withholdings,
and all part-time employees who are on the payroll as of October 24, 2014 will receive a
one-time, off-the-salary-schedule, non-recurring cash bonus of$67, minus applicable
taxes and withholdings.
Effective January 1, 2015, steps entry level through five, as well as the hourly and
salaried rates, will be increased by 2%.
Effective January 1, 2016, steps entry level through five, as well as the hourly and
salaried rates, will be increased by 2%.
27.2 For all full-time employees hired after June 8, 1999:
Effective January 1, 2013, for employees who are on the payroll as of October 24,
2014, steps entry level through five, as well as the hourly and salaried rates, will be
increased by 1%.
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Effective January 1, 2014, for employees who are on the payroll as of October 24,
2014, steps entry level through five, as well as the hourly and salaried rates, will be
increased by 1.25%.
Effective within 30 calendar days of October 24, 2014, all full-time employees
who are on the payroll as of October 24, 2014 will receive a one-time, off-the-salary-
schedule, non-recurring cash bonus of$276, minus applicable taxes and withholdings,
and all part-time employees who are on the payroll as of October 24, 2014 will receive a
one-time, off-the-salary-schedule, non-recurring cash bonus of$67, minus applicable
taxes and withholdings.
Effective January 1, 2015, steps entry level through five, as well as the hourly and
salaried rates, will be increased by 2%.
Effective January 1, 2016, steps entry level through five, as well as the hourly and
salaried rates,will be increased by 2%.
27.3 An employee who is promoted will be placed on the step in the new position that
will enable the employee to have an increase equal to at least 5% of the employees' rate
before promotion. In no event will any increase exceed Step 5 of the new position.
27.4 The Town will prepare a salary schedule of employees as provided herein and the
same will be annexed hereto.
27.5 Employees assigned to work as "Acting Foreman" for more than three consecutive
days will be paid foreman's pay.
27.6 All leave credits except personal leave will become effective the first pay period in
the month of the employee's anniversary date.
27.7 When promoted, or when granted an extended leave of absence when not on the
top step when leave commences, the employee will be placed on the Section 27.2 salary
schedule.
27.8 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 31, 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 a different agreement being reached by
the parties.
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SEC. 28. RECALL
28.1 Employees who are required to report to work due to floods, storms or other
emergency will be deemed for all purposes to have commenced work when notified to
report for work. When possible, the employees will be given a period of 45 minutes
within which to report to work.
28.2 The employees, when required to work, will receive a minimum of four hours'
compensation at their regular salary scale.
SEC. 29. OVERTIME
29.1 Employees who are required to work in excess of eight hours in any one day will
be compensated at the rate of one and one-half times the normal rate of salary or wages,
or at the option of the employee will be given compensatory time off at the same rate
subject to law. The provisions of this paragraph will not, however, apply to work
performed on any holiday set forth in this Agreement.
29.2 Full-time employees who are required to work during the hours between 7:30 AM
and 4:00 PM (7:00 AM and 3:30 PM in the Highway Department and Department of
Public Works) on any holiday set forth in this Agreement will receive compensation at
the regular rate of salary or wages in addition to receiving the regular salary or wages for
the holiday and will also be given compensatory time off with pay equal to the time
worked on that holiday. If any employee is required to work on any such holiday
between 4:00 PM and 7:30 AM (3:30 PM and 7:00 AM in the Highway Department and
Department of Public Works), the employee will be compensated for hours worked at
double the rate of salary or wages.
29.3 Section 29.2 will not be applicable to Public Safety Dispatchers and Bay
Constables. 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
of his/her normal work schedule, he/she will 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 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.
c. Public Safety Dispatchers and Bay Constables will not accrue any
compensatory time for working on a Holiday as set forth above.
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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 of his/her normal work
schedule, he/she will 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 will not accrue any
compensatory time for working on a Holiday as set forth above.
29.4 On or about the 10th of each month, the Department Head of every department of
the Town will 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.
SEC. 30. LONGEVITY
30.1 Full-time employees will receive additional non-cumulative 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 10 years but fewer than 15 years of service will receive
a salary increase of 5%.
b. Employees with at least 15 years but fewer than 20 years of service will receive
a salary increase of 6%.
c. Employees with 20 years but fewer than 25 years of service will receive a
salary increase of 7%.
d. Employees with 25 years of service or more will receive a salary increase of
8%.
e. Additional compensation as provided in this section will commence on the first
day of the month in which an employee becomes eligible.
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SEC. 31. SHIFT DIFFERENTIAL
31.1 A shift differential of$1,100 per year will be granted to each Public Safety
Dispatcher who works three shifts around the clock on a regularly scheduled basis.
31.2 A shift differential of$300 per year will be granted to each Public Safety
Dispatcher who works two rotating shifts on a regularly scheduled basis.
31.3 The above shift differentials will apply as well to any custodian working the night
shift. If more than one custodian rotates onto the night shift the shift differential will be
prorated between those employees. A shift differential of$300 per year will be granted
to each custodian working the rotating night shift.
31.4 A shift differential of$300 per year will be granted to each full-time Bay
Constable.
SEC. 32. MILEAGE ALLOWANCE
32.1 Employees who will be required to use their private automobile in the
performance of official Town business will be compensated at a rate to be set by the
Town Board upon the presentation of a voucher to the Town Board.
SEC. 33. LICENSES
33.1 Employees required to have a Suffolk County Electrician's License for
employment with the Town will have the fee paid by the Town up to $100 per year.
33.2 The Town will reimburse the cost of the CDL license fee and renewal fee, to any
employee whose job duties require the possession of a valid CDL. The request for
reimbursement must be submitted, with proof of payment, within 30 days of licensing.
SEC. 34. HOURS OF WORK
The normal work week of all full-time employees will be as follows:
34.1 Clerical employees will work seven hours per day with one hour for lunch, five
days per week (Monday through Friday) for a total of 35 hours per week. The Town has
the option to regularly schedule clerical employees between 8:00 AM and 4:00 PM on
any day Monday to Friday, but without an increase in weekly hours. Employee
qualifications, being equal, the choice of hours will be given on a seniority basis. Five
days' notice will be given for the change in the regular schedule.
34.2 Building Inspectors will work seven hours per day (8:00 AM to 4:00 PM) with one
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hour for lunch, five days per week (Monday through Friday) for a total of 35 hours per
week.
34.3 Highway Department and Public Works employees will work eight hours per day
(7:00 AM to 3:30 PM) with one-half hour lunch, five days per week (Monday through
Friday) for a total of 40 hours per week.
'34.4 Public Safety Dispatchers will work eight hour rotating shifts with one-half hour
for lunch, for a total of 37.5 hours per week. Upon request by the Town, the parties will
meet to continue their negotiations over the Town's proposal to implement fixed tours of
duty.
34.5 Full-time Human Resources Department employees may work one of the
following shifts now utilized: 5:30 AM to 1:00 PM, 8:00 AM to 3:00 PM, or 9:00 AM to
4:00 PM, based upon the needs of that department. Effective as soon as the Town
implements time clocks in the Department, the work day will be increased by one hour to
eight hours per day including the current one hour for lunch, with the additional time to
be scheduled by the Department contiguous to the starting and/or ending times of the
existing shifts.
34.6 Employees assigned to work the Collection Center will work 10 hours per day,
6:45 AM to 5:15 PM, four days per week (with one-half hour for lunch), for a total of 40
hours per week. Collection Center employees hired after July 1, 1996 may be scheduled
to work a five day workweek at the discretion of the department head. Effective October
24, 2014, any Collection Center employee may be scheduled to work a five day
workweek at the discretion of the department head. The Town will provide an employee
with at least 30 calendar days' written notice prior to implementing a change in the
employee's workweek. Any employee required to eat lunch on the site will be given a
paid lunch period.
34.7 Bay Constables and Maintenance employees in Building and Grounds will work
eight hours per day with one-half hour for lunch, for a total of 40 hours per week.
34.8 Part-time employees will be required to work at times and on schedules as their
services may be required by the head of the department in which employed, provided that
the schedules will conform to the rules of the Suffolk County Civil Service Department
and do not infringe upon the work schedules of the full-time employees.
34.9 The Town may close the Collection Center if it so elects in order to meet its
operational objectives.
34.10 Effective October 24, 2014, a full-time employee and Department Head, upon
their mutual written consent, as well as the written approval of the Town Supervisor and
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CSEA President or their designees, may flex 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 the flex schedule or to those in
another existing shift.
SEC. 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 will not include disciplinary proceedings or any other
matters that are reviewable under administrative procedures established by laws or the
rules of the Suffolk County Civil Department.
35.2 All grievances of employees involving the interpretation of this Agreement will be
resolved in accordance with the following procedure:
Step 1(a). Within 10 working days after an employee knows or should have
known of an occurrence that allegedly violates the contract with respect to that employee,
the employee may submit a grievance in writing to his/her immediate supervisor. The
immediate supervisor will issue a written reply to the grievance within 10 working days
of its receipt. The failure of the Town at Step 1 to respond within the contractually
prescribed timelines will permit the employee to proceed to Step 2.
Step 1(b). Within 15 working days after the CSEA President knows or should
have known of an occurrence that 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 from more than one Town Department. The
Department Head or Town Supervisor or designee will issue a written reply to the
grievance within 15 working days of its receipt. The failure of the Town to respond
within the contractually prescribed timelines will permit the CSEA to proceed to Step 2.
Step 2. If the employee and/or CSEA President in the event of a group grievance
is not satisfied with the 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 will normally be the Department Head, and two members
from the CSEA, who will normally be the President and his/her designated
representative. The Grievance Board will meet to either: (a) consider the grievance
within 20 working days of its receipt, in which case the Grievance Board will 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
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the Grievance Board and they concern similar issues and facts, the Board by majority
approval will 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 will remain consolidated for all further purposes until the grievance is finally
resolved. The Grievance Board's decision will 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 will then meet within 10 working days to consider the
grievance. The Grievance Board will 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 will permit the CSEA to proceed to Step 3, and the
failure of the employee(s) to appeal within the contractually prescribed timelines will
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) will be forwarded to the Town Board and CSEA Unit President
within 20 working days following the Step 3 hearing..The arbitrator will be without
power or authority to make any recommendation(s) that 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 will 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 the arbitrator will be borne equally by the
parties.
Step 4. The Town Board will consider the recommendation(s) of the advisory
arbitrator at the next scheduled Board meeting and will make a final and binding decision
within 30 days following the meeting and communicate the decision in writing to the
CSEA Unit President.
SEC. 36. CSEA RIGHTS
36.1 There will be a Labor/Management Committee composed of six members, three of
whom will be selected by the CSEA, the Superintendent of Highways, and two non-
bargaining unit Town employees selected by the Town Board. The Committee will meet
upon the written request of either party for the purpose of discussing working conditions
and other matters as affect the Town and its employees. The Committee will meet within
20 days of receipt of written request by either party. Any decision made by this
committee will 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
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year and each party will submit names of its members to the other party.
36.2 Criteria and other matters that are not terms and conditions of employment will
not be subject to the jurisdiction of this committee. The committee's discussions and
results are subject to bilateral agreement, but not to the contractual grievance and
arbitration or PERB's impasse or fact finding procedures.
36.3 It is contemplated by the parties that, notwithstanding the starting wages set forth
in the attached Salary Schedules, it may be necessary from time to time to employ
persons at a starting wage above the amount set forth in the Schedules. In that event, it is
agreed by the parties that a Committee to consist of five members will be established to
authorize the employment. The committee will consist of the Department Head of the
department in which the person is to be employed; two members to be selected by the
CSEA; and two members to be selected by the Town Board.
36.4 The Town agrees to provide a bulletin board at a convenient location for the
posting of notices relative to the business and affairs of the CSEA.
36.5 The officers and members of the CSEA will have the right to use Town buildings,
when available, for meetings of its members and committees, provided that the use does
not interfere with the use by the Town for regular Town business.
36.6 Officers of the CSEA will, when possible, be given priority over other employees
in the scheduling of vacation time.
36.7 Officers and authorized representatives of the CSEA will be entitled to a leave of
absence with pay to attend CSEA 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, will be absent at the same time, and further provided that the
total numbers of days of absence of all employees for these purposes will not exceed 17
days in any calendar year.
36.8 Employees who will be assigned to the duties of resolving employee disputes and
grievances arising during the work day be authorized time off with pay not to exceed
one-half hour with respect to each incident.
36.9 The Town will establish an e-mail account on the Town's server for the purpose of
the CSEA President or designee sending or receiving external e-mail regarding official
CSEA business only. All related costs will be incurred by the CSEA. The CSEA agrees
to indemnify and save the Town harmless against any and all claims and/or liabilities,
including attorneys' fees that may arise out of or be reason of action taken or not taken by
the CSEA pursuant to the use of the e-mail account.
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36.10 The Town will provide unit members with a voluntary payroll deduction option
for the AFSCME-CSEA PEOPLE (Public Employees Organized to Promote Legislative
Equality) payroll deduction at no cost to the Town. Prior to availing him/herself of the
payroll deduction, the unit member must execute an agreement,prepared by the Town,
pursuant to which the employee will agree to indemnify and save and hold harmless the
Town and any of its employees, representatives and/or officers (collectively,
"employees") against any and all claims, demands, suits or other forms of liability that
may arise out of or by reason of any action taken or not taken by the Town on any of its
employees for the purpose of complying with this provision.
SEC. 37. AMENDMENTS
37.1 Any changes or amendments to this Agreement will not become effective unless
the same are in writing and signed by the parties.
SEC 38. NO STRIKE PLEDGE
38.1 The CSEA affirms 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 a strike.
SEC. 39. LEGISLATIVE APPROVAL
39.1 IT IS AGREED BY AND BETWEEN THE PARTIES THAT ANY
PROVISIONS OF THIS AGREEMENT REQUIRING LEGISLATIVE ACTION TO
PERMIT ITS IMPLEMENTATION BY AMENDMENT OF LAW OR PROVIDING
THE ADDITIONAL FUND THEREFOR, SHALL NOT BECOME EFFECTIVE
UNTIL THE APPROPRIATE LEGISLATIVE BODY HAS GIVEN APPROVAL.
39.2 It is agreed by and between the parties that any provision of this Agreement
requiring approval by federal authorities will not become effective until approval has
been granted.
SEC. 40. TERMINATION BENEFITS
40.1 In the event that the employment of any employee is terminated by reason of
retirement, resignation or other cause, all benefits provided herein will be prorated up to
the date of termination.
40.2 In the event of death all time and leave accrued by employees will be paid to the
legal estate, or, subject to applicable laws, written designee, less any time owed to the
Town, as if the employee would have received the remuneration upon retirement,
resignation or other cause, all benefits herein will be prorated up to the date of death.
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SEC. 41. WAIVER-ZIPPER
41.1 The Town and the CSEA, for the life of this Agreement, each voluntarily and
unqualifiedly agree that the other will not be obligated to negotiate collectively with
respect to any subject or matter referred to or covered in this Agreement. It is agreed that
salaries and benefits already agreed upon cannot be modified or amended except by
mutual agreement. This will not be construed to apply to negotiations for future
collectively negotiated agreements between the parties.
SEC. 42. SEVERABILITY
42.1 Notwithstanding anything to the contrary contained herein, if one or more of the
provisions of this contract is found to be illegal, all other provisions are to remain in full
force and effect.
SEC. 43. PUBLIC SAFETY DISPATCHERS
43.1 The relief Dispatcher is to be the least senior full-time dispatcher, unless a more
senior Dispatcher volunteers for the relief assignment.
43.2 Public Safety Dispatchers will not be required to perform matron duties.
43.3 The Town has the discretion to deny a switch of tour of duty. Each switch of tour
of duty must be approved in writing prior to the actual switch. The dates/tours of each
switch must be specified at the time of the request.
SEC. 44. PAYROLL CHECKS
44.1 Payroll checks are to be delivered to employees in sealed envelopes.
44.2 Effective January 1, 2015,,employees will participate in direct deposit of
paychecks and provide 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 October 24, 2014 will open
one by January 1, 2015, even if solely for the purpose of participating in direct deposit of
paychecks.
SEC. 45. EMPLOYEE TRAINING
45.1 Insofar as practicable, employee seniority will be considered by supervision when
training opportunities become available.
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SEC. 46. TIME CLOCKS
46.1 The Town will have the unfettered right to install time clocks to be utilized by all
employees.
46.2 The Town and the CSEA agree that any problems that may arise pertaining to the
use of the time clocks will be dealt with in the Labor-Management Committee forum.
SEC. 47. EMPLOYEE LEAVE REQUESTS
47.1 Employee requests to utilize leave entitlements will be responded to by their
immediate supervisor within five calendar days, or prior to the date of the requested
leave, whichever is sooner.
SEC. 48. HIGHWAY DEPARTMENT
48.1 Except in emergency situations, employees will be given at least 48 hours' notice
of the cancellation of special volunteer work assignments that would alter their existing
work schedules.
48.2 The in-Town/out-of-Town status of Highway employees will only be revealed on
time-off request slips between November 15 and April 15 of any given year. This recall
information will in no way be used as a basis for approving or denying the time.
48.3 During an emergency call-out, the Highway Superintendent will not unreasonably
withhold his/her consent to the employees' use of the Town Recreation Center during
designated rest periods.
SEC. 49. EMPLOYEE DRUG AND ALCOHOL TESTING
49.1 Department of Transportation regulations with regard to drug and alcohol testing
of employees utilizing municipal vehicles and equipment will be implemented and
enforced. All employees will be subject to random drug and alcohol testing pursuant to
the same rules and regulations in effect for CDL holders.
SEC. 50. DISABILITY INSURANCE
50.1 The Town will participate in the New York State Disability Insurance Plan,
subject to the Plan's Rules and Regulations.
' SEC. 51. HAZMAT DUTIES
51.1 If the CSEA has reason to believe that the Town is not in compliance with PESH
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requirements regarding HazMat staffing, it will so notify the Supervisor's Office
immediately, providing time, date, situation and any other detail necessary for the Town
to investigate the claim.
SEC. 52. LEAVE FOR CIVIL SERVICE EXAMINATION
52.1 Employees may request to utilize one personal or vacation day per year for the
purpose of taking a Civil Service Promotional Exam. These requests will not be
unreasonably denied except when unusual circumstances exist including, but not limited
to, situations when the granting of a request will detrimentally impact the staffing of a
department.
SEC. 53. EVALUATIONS
53.1 Effective January 1, 2015, the following Performance Appraisal process will be
implemented:
1. 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 for promotions, 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 Heads will be evaluated by the
Supervisor or his/her designee.
3. Performance Appraisals will be completed during the first quarter of
each calendar year.
4. The 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 Head 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 Performance Appraisal in writing during the discussion
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within 15 working days of the discussion.'All employees will be required to sign
the Performance Appraisal at the conclusion of the discussion. The signature will
confirm only that the employee received, read and revised the appraisal with the
Department Head.
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.
SEC. 54. TERM OF AGREEMENT
54.1 Except where otherwise provided, this Agreement and all of the terms and
conditions hereof will become effective on January 1, 2013, and will continue in full
force through December 31, 2016.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this ird4 day
of December, 2015.
TOWN OF SOUTHOLD C.S.E.A. INC., LOCAL 100
AFSCME, AFL-CIO, SOUTHOLD
UNIT 8785
6 1/1 'frL
Sco A. Russell Thomas M. Skabry
Southold Town Supervisor President
1►
Guy -4,1111,- --
Labor Re ations Specialist
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