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Home My WebLink AboutCSEA MOA ��gUfFO(Kco RESOLUTION 2017-1004 , q��aa ADOPTED DOC ID: 13582 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2017-1004 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON DECEMBER 5,2017: RESOLVED that the Town Board of the Town of Southold hereby approves the Memorandum of Agreement between the Town of Southold and the CSEA, concerning the settlement of PERB Case Nos U-36006. Lj�y'iA�?-q-aki/�R' Elizabeth A.Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: James Dinizio Jr, Councilman SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr,Ruland, Doherty, Ghosio, Russell ABSENT: Louisa P. Evans r , Office of the Town Attorney Town of Southold RECEIVED Town Hall Annex, 54375 Route,25 P.O. Box 1179 FEB 1 5 2018 Southold, New York 11971-0959 Southold Town Clerk Telephone : 631-765-1939 Facsimile: 631-765-6639 MEMORANDUM To: Ms. Elizabeth A. Neville, Town Clerk From: Mary Silleck Secretary to the Town Attorney Date: February 14, 2018 Subject: Memorandum of Agreement Perb Case # U-36006 With respect to the above-referenced matter, I am enclosing the original, fully executed Agreement for your records together with the resolution. If you have any questions regarding the enclosed, please do not hesitate to call me. Thank you. /ms Enclosures WAS STATE OF NEW YORK PUBLIC EMPLOYN ENT RELATIONS BOARD CSEA,LOCAL 1000,AFSCME,AFL-CIO,TOWN OF SOUTHOLD UNIT 8785 OF SUFFOLK LOCAL 852, PERB Case Nos.: U-36006 Charging Party, -against- TOWN OF SOUTHOLD, Respondent. 1. Latham Sand&Gravel,Inc.'s performance,on or about August 1,2017,of trench digging work for a drainage project on Lipco Road in Mattituck,New York 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. 2. 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 Charge being filed, and that it would prevail if the Charge were tried before an Administrative Law Judge. As a result,this Agreement will not be construed by the Town as agreeing that the CSEA had exclusivity over the work at issue in PERB Case No.U-36006 or that the Town did not have the right to act in the manner alleged in the Charge. 3. 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 action that led to the Charges being filed,and that it would prevail if the Charge were tried before an Administrative Law Judge. As a result,this Agreement will not be construed to mean that the CSEA does not have exclusivity over the work at issue in PERB Case No.U-36006 or that the Town had the right to act in the manner alleged in the Charge. 4. This Agreement represents the totality of the parties' discussions regarding the settlement of this Charge. There are no other agreements,oral or otherwise. 5. Based upon the terms agreed to above,the Charge is withdrawn,with prejudice. 6. This Agreement maybe executed with original signatures in counterparts,or by facsimile or PDF- scanned signatures in counterparts,which will be deemed legally binding as fully as an original signature. FOR THE TOWN: FOR THE CSEA: i Date: 8t t9 Date: Date: 1AI ,Office of the Town Attorney RECEIVED Town of Southold Town lull Annex, 54375 Route 25 FEB 1 5 2018 P.O. Box 1179 Southold Town Clerk Southold, New York 11971-0959 Telephone : 631-765-1939 Facsimile: 631-765-6639 MEMORANDUM To: Ms. Elizabeth A. Neville, Town Clerk From: Mary Silleck Secretary to the Town Attorney Date: February 14, 2018 Subject: Memorandum of Agreement Perb Case # U -36069 With respect to the above-referenced matter, I am enclosing the original, fully executed Agreement for your records together with the resolution. If you have any questions regarding the enclosed, please do not hesitate to call me. Thank you. /ms Enclosures RESOLUTION 2018-186 SCHEDULED DOC ID: 13835 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2018-186 WAS SCHEDULED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON FEBRUARY 13,2018: RESOLVED that the Town Board of the Town of Southold hereby approves the Memorandum of Agreement between the Town of Southold and the CSEA, concerning the settlement of PERB Case Nos U-36069. k i Elizabeth A.Neville Southold Town Clerk 2/2/18 STATE OF NEW YORK PUBLIC EMPLOYMENT RELATIONS BOARD ------------------------------------------------------------------X C.S.E.A., INC., LOCAL 1000, AFSCME, AFL-CIO, SOUTHOLD UNIT 8785, PERB Case No.: U-36069 Charging Parry, SETTLEMENT AGREEMENT -against- TOWN OF SOUTHOLD, Respondent. ------------------------------------------------------------------X 1. The work of Seasonal Scale Operator Jacob Collins, from on or about June 10, 2017 through September 7, 2017, will not be used by the Town before any third parry as proof in support of an alleged breach of the alleged exclusivity of the bargaining unit work described in the Charge. 2. 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 Charge being filed, and that it would prevail if the Charge were tried before an Administrative Law Judge. As a result, this Agreement will not be construed by the Town as agreeing that the CSEA had exclusivity over the work at issue in PERB Case No. U-36069 or that the Town did not have the right to act in the manner alleged in the Charge. 3. 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 action that led to the Charges being filed, and that it would prevail if the Charge were tried before an Administrative Law Judge. As a result,this Agreement will not be construed to mean that the CSEA does not have exclusivity over the work at issue in PERB Case No. U-36069 or that the Town had the right to act in the manner alleged in the Charge. 4. This Agreement represents the totality of the parties' discussions regarding the settlement of this Charge. There are no other agreements, oral or otherwise. 5. Based upon the terms agreed to above,the Charge is withdrawn, with prejudice. 6. This Agreement may be executed with original signatures in counterparts, or by a 2/2/18 7. Facsimile or PDF-scanned signatures in counterparts, which will be deemed legally binding as fully as an original signature. FOR THE TOWN: FOR THE CSEA: Date: f Date: FOR THE CSEA: Date: .� p� Office of the Town Attorney RECEIVED Town of Southold FEB 1 5 2018 Town Hall Annex, 54375 Route 25 Southold Town Clerk P.O. Box 1179 Southold, New York 11971-0959 Telephone : 631-765-1939 Facsimile: 631-765-6639 MEMORANDUM To: Ms. Elizabeth A. Neville, Town Clerk From: Mary Silleck Secretary to the Town Attorney Date: February 14, 2018 Subject: Memorandum of Agreement Perb Case # E -2626 With respect to the above-referenced matter, I am enclosing the original, fully executed Agreement for your records together with the resolution. If you have any questions regarding the enclosed, please do not hesitate to call me. Thank you. /ms Enclosures RESOLUTION 2018-122 '+ ADOPTED DOC ID: 13767 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2018-122 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON FEBRUARY 6,2018: RESOLVED that the Town Board of the Town of Southold hereby approves the Memorandum of Agreement between the Town of Southold and the CSEA, concerning the settlement of PERB Case Nos E-2626. Elizabeth A.Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Jill Doherty, Councilwoman SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell A, D rl tiryJ STATE OF NEW YORK PUBLIC EMPLOYMENT RELATIONS BOARD In the Matter of the Management/Confjdential Application Med by STIPULATION TOWN OF SOUTHOLD, OF SETTLEMENT Employer, PERB Case No.E-2626 -and- CIVIL SERVICE EMPLOYEES ASSOCIATION,INC., LOCAL 1000,AFSCME,AFL-CIO, Intervenor. THIS AGREEMENT,by and between the CSEA INC., LOCAL 1000,AFSCME,AFL- CIO, SOUTHOLD UNIT 8785(hereinafter"CSEA")and the Town of Southold(hereinafter "Town") WITNESSETII: WHEREAS,the Town filed an application with the New York State Public Employment Relations Board on or about April 28,2017 seeking the Managerial or Confidential designation of the title of Town Engineer encumbered by Michael Collins(hereinafter"Mr.Collins");CSEA thereafter filed a response;the matter has been scheduled for hearing;the parties are desirous of settling this dispute; and the parties have agreed to the terms and conditions of a settlement; NOW,THEREFORE,in consideration of the mutual agreements and covenants cont ined herein,it is agreed by and between the parties as follows: 1. Mr.Collins will be designated"managerial"and be removed from the CSEA barpining unit effective uPon full execution of this Agreement. 2. The Town Engineer title will remain a bargaining unit position and all future incumbents will be included in the bargaining unit subject to and consistent with applicable PERB precedent and the Town's right to file a managerial/confidential application with PERB for future incumbents in the Town Engineer title. 3. The Town agrees to withdraw its Managerial/Confidential application with respect to Michael Collins,PERB Case No. E-2626. 4. Signatures obtained by facsimile are acceptable as originals. 5. The foregoing is in full and final settlement of this matter. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the_day of January,2018. For the Respondent: For the Petitioner: Thomas Skabry 'Wiegard K.Zuckerman CSEA Town of Southold Unit President Attorney for Petitioner Bethany I%: urteau 'R4ihkUngert CSEA StaffAttomey II LRS Pi;17-0W8'SJCIi'b&MStipub�tioas ofSettlement.NS7S299 k STATE OF NEW YORK PUBLIC EMPLOYMENT RELATIONS BOARD In the Matter of the Management/Confidendal Application Med by TOWN OF SOUTIIOLD, PERB Case No.E-2626 Employer, -and- CIVIL SERVICE EMPLOYEES ASSOCIATION,INC., LOCAL 1000,AFSCME,AFL-CIO, Intervenor. STIPULA OF SETTLEMENT DAREN J.RYLEWICZ (Bethany IC Hurteau,of counsel) Attorneys for Respondent Civil Service Employees Association,Inc. Box 7125,Capitol Station 143 Washington Avenue Albany,New York 12224 Phone: (518)257-1443 Fax: (518)449-1525 PU17.MWS,BICI UIWSdpubtknofSottleweaNS7S2% RESOLUTION 2018-232 ADOPTED DOC ID: 13903 F THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2018-232 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON FEBRUARY 27,2018: RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the Memorandum of Agreement between the Town of Southold and the Southold Town Police Benevolent Association and Employee# 8227 and hereby authorizes Supervisor Scott A. Russell to execute same on behalf of the Town of Southold. Elizabeth A.Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: James Dinizio Jr, Councilman SECONDER:Louisa P. Evans, Justice AYES: Dinizio Jr,Ruland, Doherty, Ghosio, Evans,Russell ri RECEIVE® ztls�� MAR 1 5 2018 Memorandum of Agreement made this/ dnYofl uuy2Q1$bYandamong the Southold Town Clerk Town of Southold,the Southold Town Police Benevolent Association,Inv,011c PBA")and Tara Tandy. WI E.RCAS,PBA unit member Tata Tandy bits received orders to deploy avtnew for active duty as part of operation hificrcitt Resolve effective January 22,2018;and WHEREAS,PBA CBA Seetion 7.1 provides in relevant part that,"Leave of absence witliotrt pay shall be grunted to employees in accordance with...Seetion 243 of the Military Law of the State ofNcw York",laid WHEREAS,Military Law Stiction 243 entitles all cntployceon a qualifying and duly authorized military leave to be paid for 22 working or 30 calendar days a year,whichever is more;and WHEREAS,the PBA and Tandy have requested ihat,notwithstanding the rastric bolls of Military Law Section 243,Tandy continue to receive,her Town salary while sire is on her military leave,and the Town is amcnabla to that request,pursuant to the tomis and candidons set forth below. NOW,THEREFORE,the parties agree ds foltows: 1. Tandy will,effective January 22,2018,continttc to receive her Town salary Oban c salary plus longevity,tour differential and college credit pay(presently($8%274.46)),as may be adjusted following the completion ofthe TowniTBA.negotiations for a successor collective negotiations agreement effective January 1,2018,while she continues on active duty$tains and on htx duly authorized military leave as part ofOperation inherent Resolve. 2. Tandy will,upon her return to work with the Town,or 30 calendar days frnin the end of her active duty status as.part of her authorized military leave,wltichever first occurs, reimburse the Town forall gross Town salary plus longevity paid,to her Fxce;ding,22 working,or 30 calendar days per year during her rtiilitacy leave,wfaichever is more,to the extent fiat she received gross compensation(however titled,and including,but not limited to,riititttry pay,but specifically excluding any basic housing and subsistence expense allowances)from the U.S. Oovemmcnt during thattime, 3. Tanriy will,upon her return to work with the Town,or 30 calendar'days from the end of her active duty status as part bfher authorized military have,whichever first occurs, subinit to the Town copies of all ofhpr Leave Earnings Statements in order to permit the TOWn to determine the amount that Tandy is to-reimburse the gown ptttsuun"O Pttmgmlih 2.Within 30 calendar days of its receipt,the Towrt will provide Tandy,in writing,ilio total amount that slit is to reimburse the Town.Tandy will,Nvithin the 30 calendar days followiri&her receipt of same, reimburse the Town. 1 2115/18 4. If Tandy faits to fully reimburse tho Town witltira the period sett forth,al p,eragralah ; 113,"the Town,upon written notice to her,will have tl►e right to deduct,from each biweel•lY paycltcrk,up to 12,50%of Tandy's gross wages caractlAiring that payroll period until the Town has been fully reimbursed. 5. If Tandfs payments asset forth in paragraph 4"do not-fully satie,fy hot obligation to reimburse the Town as set forth in this Agreement,tli6 Town will then have the right,upon written notice to Tandy,to deduct any non-reimbursed monies Um her-tival paycheck and payout for accrued,unused leave time. ti. If Tandy's payments as set forth in paragraph"5"'do notTolly satisfy her _. Obligation to reimburse the Town as set forth in this Agreement;then the To*n'will prbld& Tandy with a written notice setting forth the-total amount remaining to,bo reimbursed.Tandy willfully reimburse the Town for that amount within 30 calendar days followrin' her receiir of that notice.If she fails to do so,then she will be doomed to have consented to recouprricat of flat; total amount remaining to be reimbursed based on the terms and conditions to be set by the Town at the time of recoupment of the final amount owed. 7. Tandy will continue to receive her Town health insurance benefit daring the first 22 working or 30 calendar days in 2018 ofhor•military leave.She will thereafter be offercd the" opportunity to continue her coverage consistent Willi applicable NYSI IP Rules and Regulations. 8. Except as set forth above Tandy,while on her military leave,will be considered to be on a paid leave of absence for all PBA contractual purposes. 9. Paragraphs 1 and 7 represent the totality of the compensation and benefits Tandy will receive from the Town during her military leave. 10. This Agreement represents the entire agreement among the parties with regard to Tandy's entitlement to compensation from the Town during her military leave.There are no other agreements,oral or otherwise. 11. This Agreement is not precettent setting and:may not be cited in any third party forum including,but not limited to,a grievance,an arbittation,a t ERB or any other administrative proceeding,or a court proceeding,except to enforce the terms of this Agreement., 12. This Agreement may be executed with original signalutvss in counterparts,or by facsimile or PPF-spanned sign utures in counterpart,-,which will be,deemed to ally binding'as fully as an original signature. 13. This Agreement Is subject to ratification by the Town Board.In the event that We Board does not approve this Agreement,then this Agreement will become null and void and no adverse inference will be drawn against either party by virtuo of it having entered into the Agt+eement. 2 Y ?d'151i8 FOR WW: FOR THE PSA,. Dote: aflo& Date-,TA T-MMY r 1y0 Dote: IQ rtt>aols� 3