2012-3332012-333
Resolution Ratifying a Collective Bargaining Agreement Between the Town of Wappinger and
Teamsters Union Number 445, International Brotherhood of Teamsters, on Behalf of the Town
Hall Employees
At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County, New
York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on December 10, 2012.
The meeting was called to order by Barbara Gutzler, Supervisor, and upon roll being called, the
following were present:
PRESENT: Supervisor
Councilmembers
ABSENT:
Barbara Gutzler
William H. Beale
Vincent F. Bettina
Ismay Czarniecki
Michael Kuzmicz
The following Resolution was introduced by Councilwoman Czarniecki and seconded by
Councilman Bettina.
WHEREAS, the Town of Wappinger ("the Town") is signatory to a Recognition Agreement
dated February 9, 2010 recognizing the International Brotherhood of Teamsters, Loca1445 ("Loca1445")
as the exclusive collective bargaining representative of various Town employees; and
WHEREAS, following negotiations between the Town and Loca1445 for a Collective
Bargaining Agreement ("CBA"), the respective negotiating teams have agreed upon a CBA, in the form
attached to this Resolution.
NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Wappinger
ratifies the Collective Bargaining Agreement that is attached to this Resolution and authorizes Town
Supervisor, Barbara Gutzler, to execute the Collective Bargaining Agreement on behalf of the Town of
Wappinger.
The foregoing was put to a vote which resulted as follows:
BARBARA GUTZLER, SUPERVISOR Voting: AYE
WILLIAM H. BEALE, COUNCILMAN Voting: NAY
VINCENT F. BETTINA, COUNCILMAN Voting: AYE
ISMAY CZARNIECKI, COUNCILWOMAN Voting: AYE
MICHAEL KUZMICZ, COUNCILMAN Voting: NAY
Dated: Wappingers Falls, New York
12/10/2012
The Resolution is hereby duly declared adopted.
CHRISTINE FULTON, TOWN CLERK
Collective Bargaining Agreement
Between The
Town Of Wappinger
And
Teamsters Loca1445
January 1, 2011 to December 31, 2013
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COLLECTIVE BARGAINING AGREEMENT
TABLE OF CONTENTS
PREAMBLE
1.1 Notice of Agreement
1.2 Recognition
MANAGEMENT RIGHTS
2.1 Terms
UNION RIGHTS
3.1 Union Membership/Agency Shop
3.2 Leave for Grievances & Hearings
3.3 Access to Employer Premises
GENERAL CONDITIONS OF EMPLOYMENT
4.1 Filling Vacancies
4.2 Probationary Period
4.3 Seniority
4.4 Layoff and Recall Procedures
4.5 Personnel File
DUE PROCESS PROCEDURES
5.1 Basic Principles
5.2 Grievance Procedure
5.3 Disciplinary Procedure
WORKDAY AND WORKWEEK
6.1 Work Schedule
6.2 Absences
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6.3 Meals & Rest Periods 5
COMPENSATION 6
7.1 Wage Rates 6
7.2 Premium Pay for Overtime 6
7.3 Call-In Pay 7
7.4 Pay Period 7
7.5 Separation from Employment 7
PAID LEAVE 7
8.1 Holidays ~
8.2 Vacation Leave 8
8.3 Sick Leave 9
8.4 Personal Leave 9
8.5 Bereavement Leave 10
8.6 Jury Duty 10
UNPAID LEAVE 10
9.1 Leaves of Absence without Pay 10
INSURANCE 11
10.1 Medicallnsurance 11
10.2 Medical Insurance Buy-Out 11
10.3 Pre-Tax Medical and Dependent Care Expenses 12
DISABLED EMPLOYEES 12
11.1 Workers' Compensation Insurance 12
11.2 Short-Term Disability Insurance 13
11.3 Transitional Duty Program 13
RETIREMENT BENEFITS 14
12.1 Medical Insurance for Retired Employees 14
13 MISCELLANEOUS PROVISIONS
13.1 Travel Expenses
13.2 Return of Town Property
13.3 Compensatory Time
14 APPL ICATION OF AGREEMENT
14.1 Duration of Agreement
14.2 Savings Clause
14.3 Legislative Implementation
14.4 Execution of Agreement
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Appendix A 16
1 PREAMBLE
1.1 Notice of Agreement
1.1.1 Parties to Agreement: This Collective Bargaining Agreement is made by and between The
Town of Wappinger, hereinafter referred to as the "Employer", and Teamsters Local Union Number 445,
International Brotherhood of Teamsters, located at Box 2097, Newburgh, New York, hereinafter referred
to as "Loca1445" or "the Union."
1.2 Recognition
1.2.1 Definition of Bargaining Unit: The Employer recognizes the Union as the sole and exclusive
bargaining representative of Wappinger Town Hall Employees Association employed by the Town of
Wappinger with regard to terms and conditions of employment and in respect to the administration of
grievances arising under this Collective Bargaining Agreement. The titles covered by this Agreement
shall be Deputy Court Clerk, Clerk to the Justice, Court Officer, Highway Secretary, Solid Waste
Attendant, Assessor Aide, Data Collector, Dog Control Officer, Typist, Recreation Supervisor, Recreation
Assistant, Secretary, Maintenance Worker, Groundskeeper, Fire Inspector, Code Enforcement Officer,
Clerk, Planning and Zoning Board Clerk, Deputy Town Clerk, Account Clerk, Water and Sewer Clerk,
Payroll Clerk, Laborer, and Secretary to the Planning Board and Zoning Board of Appeals.
1.2.2 Full-time Employee: For the purpose of this Collective Bargaining Agreement, a "full-time
employee" will mean an employee who is regularly scheduled to work -five hours or more per week
throughout the year.
1.2.3 Part-time Employee: For the purpose of this Collective Bargaining Agreement, a "part-time
employee" will mean an employee who is regularly scheduled to work fifteen hours or more and less than
thirty-five hours per week throughout the year.
1.2.4 Temporary Employee: For the purpose of this Collective Bargaining Agreement, a "temporary
employee" will mean someone who is called in to work on an interim or "as-needed" basis for a specified
limited period, or to replace an employee who is on an approved leave of absence. Temporary employees
shall not work in excess of ninety (90) days unless extended up to one hundred eighty (180) days by the
Dutchess County Office of Personnel.
1.2.5 Exempt Employee: Some employees covered by this Agreement may be classified as "Exempt"
under the Rules and Regulations of the Dutchess County Personnel Department. Notwithstanding any
provision of this Agreement, all applicable statutes, rules and regulations shall govern the employment of
each Exempt employee and shall supersede any contradictory provisions herein.
1.2.6 Unit Clarification: Any disputes as to whether a new or substantially altered job title is
encompassed within the scope of the existing bargaining unit shall be submitted immediately to the State
of New York Public Employment Relations Board in accordance with its rules and procedures.
2 MANAGEMENT RIGHTS
2.1 Terms
2.1.1 Town Rights: The Town retains the right to manage its business affairs and services and to
direct the working force, including the right to decide the number and location of its business and service
operations, the business and service operations to be conducted and rendered, the control of the building,
real estate, materials, vehicles, parts, tools, machinery and all other equipment that may be used in the
operation of its business or in supplying its services; to determine whether and to what extent the work
required in operating its business and supplying its services shall be performed by employees covered by
this Agreement; to maintain order and efficiency in all its departments and operations, including the right
to discipline, suspend and discharge employees for cause; to hire, lay off, assign, promote and determine
qualifications of employees; and to determine the starting and quitting time and the number of hours to
be worked.
2.1.2 Rights Not Inclusive The rights of the Town listed above are not all inclusive, but indicate the type
of matters or rights that belong to and are inherent to the Town.
UNION RIGHTS
3.1 Union Membership/Agency Shop
3.1.1 Union Dues: The Employer shall deduct from all regular employees who are Union members,
and are covered by this Collective Bargaining Agreement, dues of the Local Union and remit same to the
Local Union at the end of each month. Written authorization by the employee shall be furnished by the
Union in a form approved by the Employer. The Employer will notify the Union promptly in writing and
within seven calendar days of any revocation of such authorization to remit dues to the Union.
3.1.2 Agency Shop Fee: An employee who does not become a member of the Union by signing a
membership card and an authorization card for dues deduction within thirty calendar days of initial
employment, or an employee who does not remain a member of the Union in good standing, shall be
required to pay a service fee (agency shop fee) in an amount equivalent to the membership dues levied by
the Union. The Employer shall deduct agency shop fees from the pay of such employee at the close of
each pay period and remit the sum to the Union at the end of each month. The Union shall notify the
Employer of the amount to be deducted.
3.2 Leave for Grievances and Hearings
3.2.1 Stewards: The Employer recognizes the right of the Employees to elect job stewards and
alternates from the Employer's seniority list. The authority of job stewards and alternates so elected by
the Employees shall be limited to, and shall not exceed, the following duties and activities: the
investigation and presentation of grievances in accordance with the provisions of the Collective
Bargaining Agreement; and the transmission of such messages and information which shall originate with
and are authorized by the Union or its officers, provided such messages and information have been
reduced to writing or are of a routine nature and do not involve a refusal to perform work assignments.
3.2.2 Investigation and Presentation of Grievances: The Shop Steward, or designee, will be allowed
release time, without loss of pay or leave credits, for the following activities: to investigate and present
grievances to management and to attend grievance arbitration hearings, including annual steward training
sponsored by the Union. Leave to attend stewards training shall not exceed eight hours in any one year.
3.2.3 Requests for Release Time: The Steward shall be given reasonable time during work hours to
process grievances. Requests for the use of release time shall be made to the Department Head, or
designee, as far in advance as possible. Requests shall not be unreasonably denied.
3.2.4 Super-seniority: To the extent permitted by law, one Steward will be granted super-seniority for
the purposes of layoff and rehire, provided he or she is qualified and provided he or she has five (5) years
or more of unit-wide seniority.
3.2.5 Eligible Employees: Two employees designated by the Union, in writing, shall be allowed
release time, without loss of pay or leave credits, to participate in collective bargaining negotiations
scheduled by the Employer and the Union if scheduled during work time.
3.3 Access to Employer Premises
3.3.1 Union Representatives: Representatives of Local 445 shall be allowed access to the Employer's
premises for the purpose of conducting legitimate Union business related to the administration of this
Collective Bargaining Agreement, and to investigate safety and health matters provided their
investigations do not interfere with normal operations.
4 GENERAL CONDITIONS OF EMPLOYMENT
4.1 Filling Vacancies
4.1.1 Posting: In the event there is a vacancy to be filled in a new or existing position within the
bargaining unit, the vacancy shall be posted in a conspicuous location for seven calendar days and a copy
shall be sent to the Local 445 business agent. In the event that emergency needs require the immediate
filling of the vacancy, a temporary appointment may be made subject to civil service regulations and
guidelines.
4.2 Probationary Period
4.2.1 Probationary Period (New Hires): The probationary period for an employee appointed to a
position in the competitive class will be in accordance with the rules and regulations of the local Civil
Service agency. Except as otherwise provided in the rules and regulations of the local Civil Service, the
probationary period for an employee appointed to a position in the non-competitive or labor class will be
for a probationary period of not more than thirteen weeks from the original appointment.
4.2.2 Terms of Probation (New Hires): During the probationary period, the Employer has the right to
discipline and/or discharge a probationary employee in its sole discretion, consistent with applicable law.
4.2.3 Terms of Probation (Promotion/Transfer): At any time during the probationary period, the
employee may retreat to the employee's previous position.
4.3 Seniority
4.3.1 Service Seniority: Employees shall be placed on this seniority list as of the employee's first date
of hire as a full-time employee. Seniority shall accrue and be determined in accordance with length of
full-time employment within the bargaining unit covered by this Collective Bargaining Agreement.
4.3.2 Workers' Compensation: An employee who is on an approved unpaid leave of absence due to a
Workers' Compensation injury or illness, and is not drawing on paid leave credits, will continue to accrue
seniority as if the employee was in regular pay status. Such leave will not be considered as a break in
"continuous service" and the employee's anniversary date will not be adjusted.
4.3.3 Loss of Seniority: Seniority shall be broken by proven discharge for cause, a disciplinary
suspension and/or a personal leave of absence in excess of one year.
4.3.4 Same Length of Service: In the event two or more employees have the same date of hire, such
employees will have their individual seniority determined by lot.
4.4 Layoff and Recall Procedure
4.4.1 First to be Laid Off: In the event of a reduction in the number of positions in a job title in the
competitive class within the bargaining unit, layoff will be in accordance with the rules and regulations of
the local Civil Service agency. In the event of a reduction in the number of positions in a job title in the
non-competitive or labor class within the bargaining unit, the employee within that job title with the least
service seniority will be the first to be laid off.
4.4.2 Recall: Bumping rights, recall to job, and notice of recall and duration of recall rights shall be
governed by applicable Civil Service Law statutes, rules and regulations.
4.5 Personnel File
4.5.1 Location of Files: Original personnel records for current employees will be kept in a location
designated by the Town Supervisor and will be maintained and controlled by the Town Supervisor.
4.5.2 Employee Access: An employee may review and copy the contents of the employee's own
personnel file. The employee must make an appointment with the Department Head. Someone authorized
by the Town Supervisor must be present when the employee inspects the file. The employee may not
place any material in the file without the approval of the Town Supervisor. The Employer may not place
or remove any material in the employees' files without the affected employees having knowledge of it.
4.5.3 Union Access: A representative of the Union shall be allowed to review and copy the contents of
the employees' personnel files, with the exception of medical documentation and/or letters of reference,
provided the Union gives twenty-four hour notice.
4.5.4 Change in Status: An employee must, as soon as possible, notify the Department Head of a
change of name, address, telephone number, personal status, number and age of dependents, beneficiary
designations, and who to notify in case of emergency.
DUE PROCESS PROCEDURES
5.1 Basic Principles
5.1.1 It is the intent of this procedure to provide for the orderly settlement of differences in a fair and
equitable manner. The resolution of a grievance at the earliest possible stage is encouraged.
5.1.2 An Employee and/or the Union shall have the right to present a grievance, which is hereby
defined as a violation of an enumerated section of this Collective Bargaining Agreement, in accordance
with this procedure, free from coercion, interference, restraint, discrimination or reprisal.
5.1.3 An employee shall have the right to be represented at any stage of this procedure by a Union
representative or legal counsel.
5.1.4 Each party to a grievance shall have access at reasonable times to all written statements and
records pertaining to such case.
5.1.5 The function of these procedures is to assure equitable and proper treatment under the current
Collective Bargaining Agreement involving disputes which may arise concerning its existing terms. The
arbitration procedure is not designed to be used for changing such rules or procedures or establishing new
ones.
5.2 Grievance Procedure
5.2.1 Step One -Formal Grievance: The aggrieved employee(s) and/or the Union on behalf of the
aggrieved employee(s) may file a Grievance. The Grievance shall specify the nature of the complaint and
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include a simple statement of facts supporting the Grievance. The Grievance must be submitted, in
writing, to the Department Head within fifteen calendar days from when the aggrieved employee(s)
and/or Union knew or should have known about the incident giving rise to the Grievance. Within seven
calendar days after receiving the Grievance, the Department Head, or designee, shall meet with the
aggrieved employee(s) and the designated representative of the Union. Within seven calendar days after
the meeting, the Department Head shall issue a written Response to the Grievance that shall be given to
the Business Representative and the employee(s).
5.2.2 Step Two -Appeal: If the Union is not satisfied with the Response to the Grievance at Step One,
the Union may submit the matter to the Town Supervisor. The Appeal must be submitted, in writing,
within twenty-one calendar days from receiving the Step One Response. Within fifteen calendar days
after receiving the Appeal, the Town Supervisor shall meet with the aggrieved employee(s) and the
designated representative of the Union. Within seven calendar days after the meeting, the Town
Supervisor shall issue a written Response to the Grievance that shall be given to the Business Agent of
Loca1445.
5.2.3 Step Three -Binding Arbitration: If the Union is not satisfied with the Response to the
Grievance at Step Two, the Union may submit the matter to arbitration by filing a demand for arbitration
with the Public Employment Relations Board (PERB) in accordance with its rules and regulations. The
demand for arbitration must be filed within thirty calendar days from receiving the Step Two Response or
when the Step Two Response should have been received. The employee shall have no right to submit any
matter to arbitration in the event the Union chooses not to do so.
5.2.4 Arbitrator's Authority: The conduct of the arbitration shall be under the exclusive jurisdiction
and control of the arbitrator and shall conform to applicable law. All decisions rendered by the arbitrator
shall be final and binding upon all parties. No arbitrator functioning under these procedures shall have
any power to amend, modify or delete any provisions of this Collective Bargaining Agreement.
5.2.5 Cost: The Employer and the Union shall share the fees of the arbitrator equally.
5.3 Disciplinary Procedure
5.3.1 Disciplinary Hearing: All matters of employee discipline shall be governed by Civil Service
Law Sections 75 and 76, if applicable. If the Employer proposes disciplinary action against an employee
who is not covered by Civil Service Law Sections 75 and 76 the parties agree to meet, discuss and adopt
an alternative disciplinary procedure for such those employee.
WORKDAY AND WORKWEEK
6.1 Work Schedule
6.1.1 The normal work day will commence between the hours of 8:00 a.m. and 9:00 a.m. as determined
by the Town, except when a flex schedule is agreed to by the parties. All full time employees will
customarily work athirty-five hour per week schedule.
6.2 Absences
6.2.1 Notification: In the event an employee is unable to report to work, the employee must notify the
Town Supervisor or Department Head and state the reason for the absence.
6.2.2 Early Departure: In the event an employee must leave work early, the employee must notify the
immediate supervisor prior to leaving. Approval will not be unreasonably denied.
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6.3 Meal & Rest Periods
6.3.1 Lunch Period: Each workday shall include an unpaid lunch period. The lunch period shall be for
a period of thirty minutes between the hours of 11:00 a.m. and 1:30 p.m. except in the discretion of the
Department Head, who shall not unreasonably require a difference lunch period. In accordance with New
York State regulations, an employee who works more than six hours in a given day is required to take the
scheduled meal period. Employees cannot be required to take the lunch break at their desks.
6.3.2 Rest Periods: Employees shall be granted a rest period of fifteen minutes before 12 noon and
fifteen minutes after 12 noon, without loss of pay. The scheduling of said rest period shall be at a
reasonable time of each morning and afternoon. Employees who work in excess of two hours of overtime
shall receive an additional fifteen minute rest period.
COMPENSATION
7.1 Wage Rates
7.1.1 Base Wage Schedule: The schedule set forth below will be the applicable schedule of rate
increases for the period 07/01/2011 through 12/31/2013. See Schedule A for rates and classifications.
07/01/2011 (retroactive) Increase of 2.5%
01/01/2012 (retroactive) Increase of 2.75%
01/01/2013
Increase of 3.0%
7.1.2 Longevity Bonus: Beginning as of January 1, 2012, full time employees will receive an
additional annual longevity stipend of $500 after every five years of continuous service with the Town,
and part-time employees will receive one half of that amount according to the table below. The
longevity stipend will be paid on or about the employee's anniversary date of employment with the Town,
and will not be added to base pay for overtime purposes.
Len th of Service Annual Lon evi Amount
Less than 5 ears $0
5 ears or more, and less than 10 ears $500
10 ears or more, and less than 15 ears $1,000
15 ears or more, and less than 20 ears $1,500
20 ears or more, and less than 25 ears $2,000
25 ears or more $2,500
7.2 Premium Pay for Overtime
7.2.1 Overtime Rate: An employee will be paid one and one-half times the employee's regular hourly
rate of pay for all time worked over forty hours in any given work week. All hours worked consecutively
beyond the employee's regularly scheduled workday will be paid at time and one-half.
7.2.2 Sunday Rate: Employees authorized to work on Sunday shall receive time and one-half for all
hours worked.
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7.2.3 Credit for Paid Leave: Holidays, vacation leave, sick leave, and jury duty leave will be included
as time worked in the computation of overtime.
7.3 Call-in Pay
7.3.1 After Shift Has Ended: If an employee employed in the Code Enforcement Department,
Recreation Department or Town Justice Court is called in to return to work after the employee's shift has
ended and the employee has left the worksite, or on a Saturday, Sunday, holiday, or other period during
which said employee is not scheduled to work, such employee shall be paid for a minimum of four hours
of work at the employee's regular rate of pay. If an employee works three or more hours in connection
with acall-in, he shall be paid for one additional hour.
7.3.2 Start Time: The pay for an employee who is called in for duty will begin when the employee
receives the phone call provided he/she arrives at the work site within thirty minutes.
7.4 Pay Period
7.4.1 Payroll Period: The payroll period will begin on Monday at 12:01 a.m. and end seven calendar
days later on Sunday at 12:00 p.m. midnight.
7.4.2 Pay Date: As per existing practice.
7.4.3 Statements: Each employee shall be provided with a statement of gross earnings and a statement
of deductions made for any purpose.
7.5 Separation from Employment
7.5.1 Settlement of Wages: Upon separation from employment, except as otherwise specified in this
Collective Bargaining Agreement, the Employer shall pay all money due the employee on the next
regularly scheduled pay day following such discharge or resignation.
8 PAID LEAVE
8.1 Holidays
8.1.1 Designated Holidays: The following holidays shall be observed:
New Year's Day
Martin Luther King Day
Presidents' Day
Good Friday
Memorial Day
Independence Day
Labor Day
Columbus Day
General Election Day
Veterans' Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day
One Floating Holiday as per current practice,
i.e., majority employees' choice
Holidays falling on a Saturday shall be observed on the preceding Friday. Holidays falling on a Sunday
shall be observed on the following Monday.
8.1.2 Not Assigned to Work on a Holiday: An employee who does not work on a designated holiday
will be paid "holiday pay" for the day at the employee's regular daily rate of pay.
8.1.3 Assigned to Work on a Holiday: If an employee works on a designated holiday, the employee
will be paid for that day at straight time rate and will be paid one and one-half times the employee's
regular hourly rate of pay for the time worked. In the event December 25th is a Saturday or a Sunday, a
regular full-time employee who does work on such day will be paid for all hours worked at one and one-
half time (Saturday) or double time (Sunday) plus holiday pay.
8.1.4 Holiday During Paid Leave: In the event a designated holiday occurs on an employee's normal
workday and the employee is on a paid leave of absence, the employee will receive holiday pay for the
day and the employee's leave credits will not be charged for that day.
8.2 Vacation Leave
8.2.1 Allowance: Full-time employees shall be credited with paid vacation leave on their applicable
anniversary date according to the following table:
Upon completion of Vacation
Six months One week
One year Two weeks
Five ears Three weeks
Ten years Four weeks
Fifteen ears Five weeks
Thi Years Six weeks
One week shall equal five days.
8.2.2 Vacation Accrual During Leaves of Absence: In the event an employee is absent from work
without pay for more than thirty calendar days in the calendar year, excluding an unpaid leave of absence
due to a Workers' Compensation or NYS disability claim, the annual allowance of vacation leave to be
credited for the next year will be adjusted on a prorated basis, with 260 days equal to 100%.
8.2.3 Minimum Vacation Leave Utilization: Vacation pay must be utilized in minimum increments
of one-half (1/2) day.
8.2.4 Carry-Over: Each employee will be allowed to carry-over ten days of vacation annually. All
other vacation credits unused during the year in which they are earned will be paid-out at the end of that
year.
8.2.5 Annual Buy-Back: An employee may elect to receive cash payment for up to one week of
accumulated vacation leave credits during any calendar year (January 1 through December 31). Payment
will be made within the pay period following the date the request was made. Payment will be at the
employee's then current rate of pay. The employee must provide at least one week written notice, and
each employee shall be limited to one instance of buy-back per calendar year.
8.2.6 Scheduling: An employee must receive prior approval from the Deparhnent Head, or designee,
to take vacation leave. In the event more employees request vacation leave than minimum coverage
permits, preference in the selection of a vacation period shall be given to the employee with the most
service seniority. The employee must provide a minimum of two weeks written notice. All requests for
vacation are subject to the Deparhnent Head's approval, which shall not be unreasonably withheld.
8.2.7 Termination of Employment: An employee who resigns, retires, or is laid off will receive
payment for unused vacation leave credits at the employee's then current rate of pay. In the event of an
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employee's death, the employee's beneficiaries shall receive the payment for unused vacation leave
credits.
8.3 Sick Leave
8.3.1 Allowance & Accumulation: As per existing practice.
8.3.2 Accrual during Leaves of Absence: An employee will be credited with sick leave credits while
on a paid leave of absence, but not while on an unpaid leave of absence in excess of twelve days in the
calendar month, excluding an unpaid leave of absence due to a Workers' Compensation or NYS
disability claim.
8.3.3 Use of Sick Leave: An employee may use sick leave credits for medical and dental appointments
that cannot be scheduled during non-work hours. Sick leave credits may not be used in increments of less
than two hours.
8.3.4 Family Sick Leave: An employee shall have the right to use personal leave for the illness of a
member of the employee's immediate family residing in the household.
8.3.5 Notification of Sick Leave: In the event an employee must take sick leave, the employee must
notify the Department Head or designee within one hour prior to the employee's scheduled reporting time,
except in the event of an emergency.
8.3.6 Return to Work: After three consecutive days or more leave due to an injury or illness, the
Employer may require medical verification of an employee's ability to perform the employee's normal job
duties. Upon such request, the employee must submit a statement from the employee's health care
provider indicating that the employee is able to return to work either with or without restrictions.
8.3.7 Retirement Credit: The Employer will make available Section 41(j) of the New York State
Retirement and Social Security Law, which allows credit for up to one hundred sixty-five days of
accumulated sick leave at the time of retirement. The additional service credit is determined by dividing
the total unused, unpaid sick leave days (not to exceed 165 days) by 260. For example: 130 unpaid sick
leave days divided by 260 = .50 or 6 months additional service credit.
8.3.8 Cash-Out of Unused Sick Leave Credits: An employee who retires from employment with the
Employer may use accumulated sick leave credits to increase service credit toward retirement in
accordance with Section 41(j) of the New York State Retirement and Social Security Law.
In the event of an employee's death, the employee's spouse and/or dependents will receive payment for
fifty percent (50%) of the total number of unused sick leave credits at the employee's then current rate of
pay provided the employee had ten or more years of credited service.
8.3.9 Termination of Employment: An employee who resigns or is laid off will receive payment for
one half of unused sick leave credits at the employee's then current rate of pay. If an employee is
terminated for cause or resigns in lieu of disciplinary charges, all accrued sick leave credits shall be
forfeited.
8.4 Personal Leave
8.4.1 Allowance: Six (6) days per calendar year at bimonthly accruals.
8.4.2 Carry-Over: Unused personal leave can be carried over to the following year.
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8.4.3 Scheduling: Employees are required to give the Department Head or designee reasonable notice
of their intention to take personal leave whenever possible. Personal leave credits may not be used in
increments of less than one hour. All such leave shall be subject to the discretion of the Department
Head, whose approval shall not be unreasonably withheld.
8.4.4 Termination of Employment: An employee who is terminated, resigns, retires, or is laid off will
receive payment for one half of unused accrued personal leave credits at the employee's then current rate
of pay.
8.5 Bereavement Leave
8.5.1 Immediate Family: In the event of a death of a full-time employee's immediate family member,
the employee may take a leave of absence without loss of pay or leave credits for up to five scheduled
workdays between date of the death and the day after the burial. For purposes of bereavement leave,
"immediate family member" will mean the following:
• Spouse or Domestic Partner
• Child (including step & foster)
• Parent or Legal Guardian
8.5.2 Extended Family: In the event of a death of a full-time employee's extended family member, the
employee may take a leave of absence without loss of pay or leave credits for up to three scheduled
workdays between date of the death and the day after the burial. For purposes of bereavement leave,
"extended family member" will mean the following:
• Sibling
• Spouse's Parent
• Grandchild
• Child's Spouse
• Grandparent
8.5.3 Additional Bereavement Leave: An employee may receive an unpaid leave of absence or use
vacation leave credits and/or personal leave credits to extend bereavement leave due to the death of an
immediate or extended family member. The request must be submitted to the Department Head. The
Department Head shall have total discretion in the approval of such additional bereavement leave.
8.6 Jury Duty
8.6.1 Leave of Absence: In the event an employee is required to perform jury duty on a day the
employee is scheduled to work, the employee shall be compensated by the Town pursuant to the New
York Judiciary Law.
UNPAID LEAVE
9.1 Leaves of Absence without Pay
9.1.1 General Terms: Subject to the approval of the Town Board, unpaid leaves of absence may be
available to an employee for personal reasons including, but not limited to, personal illness, family
responsibilities, and education.
9.1.2 Request for Unpaid Leave: The employee must submit such request and the reasons for the
leave, in writing, to the Town Supervisor or Department Head at least two weeks prior to the proposed
leave, except in the event of an emergency. The Town Supervisor or Department Head will present the
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request to the Town Board as soon as possible after receiving the request. Approval will not be
unreasonably withheld.
9.1.3 Conditions of Leave: The Town Board will specify the duration of an unpaid leave of absence
and impose such other terms, conditions and restrictions on the employee as the Town Board deems
appropriate.
9.1.4 Denial of Leave: In the event any denial of unpaid leave is challenged in the grievance
procedure, the sole remedy will be granting the leave.
10 INSURANCE
10.1 Medical Insurance
10.1.1 Medical: Employees will receive the same coverage they currently receive, or an equivalent plan,
if such plan is offered by the provider.
10.1.2 Date Coverage Begins: Coverage will begin on the first day of the month following the
employee's first day of employment, provided all eligibility requirements of the plan are met and the
requisite forms have been completed. Eligible employees and dependents may also enroll in the health
insurance plan during the annual open enrollment period or at the time of a qualified change in
employment or family status, as defined by the Internal Revenue Service and the insurance carrier.
10.1.3 Premium Payment:
Employees shall be responsible for contributing toward their health insurance premiums effective
the following dates:
July 1, 2011 - 0%
July 1, 2012 - 10%
July 1, 2013 -15%
10.2 Medical Insurance Buy-Out
10.2.1 Eligibility: Afull-time employee who is eligible for health insurance coverage made available
through the Town may receive abuy-out in lieu of receiving insurance and prescription drug benefits. To
be eligible for the insurance buy-out, the employee must provide documentation of comparable health
insurance coverage and sign an appropriate waiver of insurance coverage. In the event an employee is
married to another employee of the Town who is eligible for health insurance, they must either enroll in
two individual plans or one two-person or family plan and will not be eligible for this buy-out.
10.2.2 Amount of Buy-Out: The employee will receive fifty percent (50%) of the Employer's annual
premium contribution for individual coverage, and only if the employee did not receive any coverage for
the entire calendar year. The buy-out is subject to applicable taxes.
10.2.3 Method of Payment: Partial payment of the buy-out will be made in the first pay period in June
and December.
10.2.4 Reinstatement: In the event the employee loses coverage under the alternate insurance plan, the
employee may resume coverage under the health insurance plan made available through the Town.
Coverage will begin on the first of the month immediately following the employee giving notice,
provided the employee gives such notice at least five business days prior to the first of the month and
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meets all eligibility requirements of the insurance plan. An employee may also elect to resume coverage
under the medical insurance plan during the annual open enrollment period.
10.3 Pre-Tax Medical and Dependent Care Expenses
10.3.1 Eligibility: Afull-time employee who has completed the probationary period is eligible to enroll
in a pre-tax reimbursement account in accordance with Section 125 of the Internal Revenue Service Code,
provided all eligibility requirements of the plan are met and the requisite forms have been completed, and
provided the Town, in its sole discretion, has adopted such a plan.
10.3.2 Flexible Spending Accounts: An employee may elect to have apre-determined amount deducted
from the employee's paycheck on a pre-tax basis each payroll period to be placed in a medical care
flexible spending account, dependent care flexible spending account, or both. Money set aside in an
employee's medical care flexible spending account may be used to cover certain health, dental, and vision
care expenses that are not reimbursable through the employee's insurance plan(s). Money set aside in an
employee's dependent care flexible spending account may be used to cover eligible day care and nursery
school expenses for covered dependents.
10.3.3 Election Changes: Eligible employees may enroll or decline coverage in the pre-tax
reimbursement plan during the annual open enrollment period. Once apre-tax election is made, it must
remain in effect for the entire plan year. An employee may not drop coverage, change an election, or
cease contributions at any time during the plan year unless there is a qualifying change in employment or
family status, as defined by the Internal Revenue Service. For any qualifying change in family or
employment status, an employee must make the appropriate change in coverage within thirty-one
calendar days of the date of the qualifying event. Under the pre-tax insurance premium option, an
employee's election for the plan year is automatically continued for the next plan year unless a new
election form is submitted.
11 DISABLED EMPLOYEES
11.1 Workers' Compensation Insurance
11.1.1 Summary: Employees are required to file an accident report when a claim of work related
disability causing illness or injury exists. Employees covered hereunder who are injured while on duty in
the course of their employment and thus entitled to Workmen's Compensation payments, shall be
compensated in the following manner:
11.1.2 Use of Leave Credits: An employee may draw from the employee's sick leave, then personal
leave credits, and then vacation leave credits in conjunction with Workers' Compensation payments to
equal, but not exceed, the employee's regular daily rate of pay. When the insurance company makes
payment, the Employer shall reimbursed for that portion of sick leave, vacation leave or personal leave
covered by insurance and the employee will be re-credited with the proportional amount of leave. Any
lump sum award for loss of use for an injury will not be returned to the Town.
11.1.3. Continuation of Medical Insurance: An employee who is receiving Workers' Compensation
payments for lost time will continue, for up to a maximum of one year, to receive medical insurance
benefits, and the Employer and Employee will continue to make their contributions, provided the
employee makes the required employee contribution. Beyond the maximum of one year, if the employee
has exhausted all sick leave, vacation leave and personal leave credits, the employee may continue to be
eligible for medical insurance coverage in accordance with COBRA. To the extent that this provision is
inconsistent with the Family Medical Leave Act or any other applicable statute, the appropriate statute
shall prevail.
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11.2 Short-Term Disability Insurance
11.2.1 Coverage: The Employer will make available ashort-term disability plan for non job-related
injuries or illnesses that meet the minimum requirements of New York State Disability Insurance. The
insurance company makes the determination of whether an employee is eligible for short-term
disability benefits.
11.2.2 Change in Plan: The Employer may, at its discretion, change carriers and/or offer an alternative
short-term disability plan.
11.2.3 Premium Payment: The Employer will pay the full premium for short-term disability insurance
for each eligible employee.
11.2.4 Use of Leave Credits: An employee may draw from the employee's sick leave credits, then
personal leave credits, and then vacation leave credits in conjunction with the short-term disability
payments to equal, but not exceed, the employee's regular daily rate of pay. When the insurance company
makes payment, the Employer shall be reimbursed for that portion of sick leave, vacation leave or
personal leave covered by insurance and the employee will be re-credited with the proportional amount of
leave.
11.2.5 Continuation of Medical Insurance: The Employer will continue medical insurance coverage
for a qualifying event in accordance with the provisions of the Town's Family and Medical Leave Policy.
Thereafter, afull-time employee who is receiving short-term disability payments provided under this
Article and is drawing full-pay by using accrued sick leave, vacation leave, and/or personal leave credits
will continue to receive medical insurance benefits and the Employer and Employee will continue to
make their contributions ,provided the employee makes the required employee contribution. If the
employee has exhausted all sick leave, vacation leave, and personal leave credits, the employee may
continue to be eligible for medical insurance coverage in accordance with COBRA. For those employees
enrolled in the New York State Health Insurance Program (Empire Plan), the employee may continue to
be eligible for medical insurance coverage by requesting a waiver of premium in accordance with plan
documents. The State of New York Department of Civil Service Employee Benefits Division is
responsible for determining eligibility for receiving the waiver of premiums. To the extent that this
provision is inconsistent with the Family Medical Leave Act or any other applicable statute, the
appropriate statute shall prevail.
11.3 Transitional Duty Program
11.3.1 Preamble: The purpose of this Transitional Duty Program is to allow an employee who is
temporarily partially disabled to return to work in an assignment that meets both the needs of the
Employer and the medical limitations of the employee. In the event an employee is unable to perform the
full duties and responsibilities of the employee's regular position, the Department Head or designee may,
on a case-by-case basis, request such employee to return to work in a Transitional Duty assignment. The
exercise of this Transitional Duty Program shall not establish any precedent or commitment to provide
Transitional Duty assignments to any other employee at any time in the future.
11.3.2 Transitional Duty Assignment: The assignment may not necessarily correspond with the
employee's regular job duties. The assignment may involve performing some duties of the employee's
regular position, some duties of another position, or a combination of tasks from several positions. The
assignment may be at a different work location and/or have a different schedule than the employee's
regular position.
11.3.3 Wages: While performing a Transitional Duty assignment, the employee will receive the
employee's regular hourly rate of pay.
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11.3.4 Duration of Assignment: The Employer may require a medical examination ordered by the
Employer as a condition of allowing the employee to return to full duties.
11.3.5 Position Creation: the Employer shall not be obligated to create any position or duties not
presently existing for the benefit of an Employee seeking Transitional Duty.
12 RETIREMENT BENEFITS
12.1 Medical Insurance for Retired Employees
12.1.1 Coverage: Retired full-time Employees with sufficient years of service credit with the Town, and
their spouses, shall have the option to elect contributing health insurance coverage from the Town based
on the following schedule:
Years of Completed Full-time Town's Share of Coverage
Service with the Town Retired Employee Spouse
10-14 35% 20%
15-19 50% 35%
20-24 60% 45%
25 or more 70% 50%
12.1.2 Eligibility: To be eligible for coverage, the retiree must be age fifty-five or older, must have at
least ten years of continuous full-time service with the Town, and must have been actively employed by
the Town on the date of retirement. In addition, the retiree must have applied for and been granted a
retirement benefit from the New York State Employees' Retirement System. Notwithstanding the above,
an employee who is terminated or resigns because of pending disciplinary action is not eligible for this
benefit, nor is his or her spouse eligible for this benefit.
13 MISCELLANEOUS PROVISIONS
13.1 Travel Expenses
13.1.1 Reimbursement: In the event an employee is required by the Employer to make a trip, said
employee shall be entitled to reimbursement to cover the employee's actual expenses, upon submission of
vouchers or receipts by the employee verifying the employee's expenses.
13.2 Return of Town Property
13.2.1 Separation from Employment: Upon separation from employment, an employee shall return to
the employee's immediate supervisor all Town property in the employee's possession or assigned to the
employee in substantially the same condition as when received, reasonable wear and tear expected, except
that with respect to articles of clothing, the employee is only required to return property in the employee's
possession. Further, the employee shall be responsible for and reimburse the Employer for any property
the employee willfully damages, destroys or loses.
13.3 Compensatory time
13.3.1 Comp Time: When an employee is eligible for overtime pay he/she may substitute Comp time at
the rate he/she would be entitled to be paid for such work. Comp time can be banked for sick, personal, or
vacation credits if the employee chooses not to be paid in cash.
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14 APPLICATION OF AGREEMENT
14.1 Duration of Agreement
14.1.1 This Collective Bargaining Agreement shall be effective from 01/01/2011 through 12/31/2013.
14.2 Savings Clause
14.2.1 If any provision of this Collective Bargaining Agreement should be adjudicated to be illegal,
unlawful, or in violation of any federal, state or local law or rule, then the remainder of the Collective
Bargaining Agreement continues in full force and effect and only the part which is declared illegal shall
be void.
14.2.2 Upon the issuance of such decision, the Town and the Union shall negotiate an adjustment in the
affected provisions, portions or applications with the intention of affecting the purpose of the provisions,
portions or applications. .
14.3 Legislative Implementation
IT IS AGREED BY AND BETWEEN THE PARTIES THAT ANY PROVISION OF THIS
AGREEMENT REQUIRING LEGISLATNE ACTION TO PERMIT ITS IMPLEMENTATION BY
AMENDMENT OF LAW OR BY PROVIDING THE ADDITIONAL FUNDS THEREFORE, SHALL
NOT BECOME EFFECTNE UNTIL THE APPROPRIATE LEGISLATNE BODY HAS GNEN
APPROVAL.
14.4 Execution of Agreement
IN WITNESS WHEREOF, the parties have caused this Collective Bargaining Agreement to be signed
by their respective representatives on
TEAMSTERS LOCAL 445 REPRESENTATIVE:
Date
TOWN OF WAPPINGER REPRESENTATIVE:
Date
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SCHEDULE A
The base wage for each employee who is employed by the Town as of the date of
ratification of this Agreement shall be each employee's current rate of pay.
Employees hired after the ratification of this Agreement shall receive aminimum -base
wage as follows:
A. Laborer
Groundskeeper
Court Officer
Solid Waste Attendant
Data Collector
Typist
Maintenance Worker
$11.50 per hour
B. Clerk (except Court Clerk and Water and Sewer Clerk) $13.50 per hour
Secretary
Recreation Assistant
Deputy Town Clerk
C. Assessor Aide $15.50 per hour
Water and Sewer Clerk
Dog Control Officer
D. Code Enforcement Officer $17.50 per hour
Fire Inspector
Recreation Supervisor
Court Clerk
Any employee who permanently moves to a new position by way of lateral transfer (part
of same starting salary group as former position) or promotion (in a higher starting salary group
as former position) shall receive a rate of pay of either the starting salary for the new position or
current rate plus 5% (five percent), whichever is greater. If the employee does not fulfill the
probationary period for the new position and bumps back to the former position, the rate of pay
shall revert to that which the employee was receiving prior to the transfer or promotion.
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