HomeMy WebLinkAboutCSEA- MOA ,mr ��WFFGIf
RESOLUTION 2015-251
ADOPTED DOC ID: 10632
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2015-251 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
MARCH 10,2015:
RESOLVED that the Town Board of the Town of Southold hereby approves the Memorandum
of Agreement between the Town of Southold and the CSEA dated March 3, 2015, concerning
the settlement of PERB Case Nos. U-33020 and U-33617.
�'T-
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS)
MOVER: Robert Ghosio, Councilman
SECONDER:Louisa P. Evans, Justice
AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell
MARTIN D.FINNEGAN SCOTT A.RUSSELL
TOWN ATTORNEY Supervisor
martin.finnegan@town.southold.ny.usO��QF so�lyo
STEPHEN F.KIELY l0 Town Hall Annex, 54375 Route 25
ASSISTANT TOWN ATTORNEY P.O. Box 1179
stephen.kiely@town.southold.ny.usy Southold, New York 11971-0959
G
LORI M. HULSE Telephone(631) 765-1939
ASSISTANT TOWN ATTORNEY OI�C�U( Facsimile (631) 765-6639
lori.hulse@town.southold.ny.us +
OFFICE OF THE TOWN ATTORNEY
TOWN OF SOUTHOLD
PRIVILEGED AND CONFIDENTIAL
ATTORNEY-CLIENT COMMUNICATION
MEMORANDUM
To: Martin Flatley, Police Chief
From: Lynne Krauza
Secretary to the Town Attorney
Date: March 12, 2015
Subject: Memorandum of Agreement
PERB Case Nos: U-33020 and U-33617
Landfill Trucking
PSD 8 Bay Constables-Accrual of Holidays
Attached please find a copy of the fully executed Memorandum of Agreement
dated March 3, 2015, concerning the referenced matter, which was approved by the
Town Board at the March 10, 2015 meeting. A copy of the resolution approving this
Agreement is also attached.
Thank you for your attention.
Ak
Enclosures
cc: Tom Skabry, CSEA Union President
Elizabeth A. Neville, Town Clerk •�
.t
1
3/3/15
STATE OF NEW YORK
PUBLIC EMPLOYMENT RELATIONS BOARD
-"-r-••.-.....,..ren-!,.t.w..:::+n:,..�,,,:x,,i+'si.,...ti,.-.r...w«rr......-,
CSEA,LOCAL 1000,AFSCME,AFI.-CIO,TOWN
OF SOUTHOLD UNIT 8785 OF SUFFOLK LOCAL
852,
PERB Case Nos.: U-33020,
U-33617
Charging Party,
-against•
TOWN OF SOUTHOLD,
Respondent.
1• Trinity Transportation Corp.'s performance,since on or about May 23,2013,of
transporting by truck construction and demolition debris and comingled recyclables frons the
Town's waste and recycling transfer station to the Town of Brookhaven landfill and materials
recovery facility will not be used by the Town before any third party as proof in support of a an
alleged breach of the alleged exclusivity of the bargaining unit work described in the ort
2. Crown Sanitation's performance,since on or about-June 4,2013,of transporting
by`truck cardboard and newspaper/mixed paper from the Town's waste and recycling transfer
station to Crown Recycling FacilityfExcel Demolition will not be used by the Town before any
third party as proof in support of an alleged breach of the alleged exclusivity of the bargaining
unit work described in the Charge,
3. Effective January 1,2015,the February l2,2014 memorandum issued by the
Chief of Police will be rescinded,and public Safety dispatchers and bay constables will accrue
holidays in the same manner that they did prior to February 12,2014.
4• The parties will continue to discuss,at a Labor/Management Committee naeetin
convened pursuant to Section 36.1 of the Town/CS-EA contract,the feasibility of assigning the
work described in paragraphs I and 2 to CSEA bargaining unit members and modifying the
manner in which public safety dispatchers and bay constables accrue holidays.
5. Even though it has entered into this Agreement,the Town continues to assert that
it had the right to take the actions that led to the Charges being filed,and that it would prevail if
the Charges were tried before an Administrative Law Judge, As a result,this Agreement will not
be construed by the Town that the CSEA has exclusivity over the work at issue in PERB Case
No. U-33020 or that the Town did not have the right to modify the manner in which public safety
dispatchers and bay constables accrue holidays.
a
1
3/3/15
6• Likewise,even though it has entered into this Agreement,the CSEA continues to
assert that the Town did not have the right to take the actions that led to the Charges being filed,
and that it would prevail if the Charge were tried before an Administrative Law Judge. Asa
result,this Agreement will not be construed to mean that the CSEA does not have exclusivity
over the work at issue in PERE Case No. U-33020 or that the Town had the right to modify the
manner in which public safety dispatchers and bay constables accrue holidays.
7. This Agreement represents the totality of the parties' discussions regarding the
settlement of these Charges. There are no other agreements,oral or otherwise,
8• Basel}upon the terms agreed to above,the Charges are withdrawn with prejudice.
9. This Agreement may be executed with original signatures in counterparts,
facsimile or PDF-scanned signatures in counterparts,which will be deemed legally bindinor by
g as
fully as an original signature.
FOR, I. .'10%W.
FOR' CSEA;
Date-
t
S r
i>