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2013-1772013-177 Resolution Ratifying a Memorandum of Agreement for a Successor Collective Bargaining Agreement Between the Town of Wappinger and CSEA Local 1000 on Behalf of the Town Highway 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 July 8, 2013. The meeting was called to order by Barbara Gutzler, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor - Barbara Gutzler Councilmembers - William H. Beale Vincent F. Bettina Ismay Czarniecki Michael Kuzmicz ABSENT: The following Resolution was introduced by Councilwoman Czarniecki and seconded by Councilman Kuzmicz. WHEREAS, the Town of Wappinger ("the Town") is party to a Collective Bargaining Agreement with CSEA Local 1000 AFSCME, AFL-CIO ("CSEA") on behalf of the Town of Wappinger Highway Employees Unit; and WHEREAS, the Collective Bargaining Agreement expired on December 31, 2012; and WHEREAS, following collective negotiations between the Town and CSEA, the respective negotiating teams have agreed upon a Memorandum of Agreement, in the form attached to this Resolution that sets forth the terms of a successor Collective Bargaining Agreement; and WHEREAS, the Memorandum of Agreement has been ratified by the Town of Wappinger Highway Employees Unit. NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Wappinger ratifies the Memorandum of Agreement that is attached to this Resolution and authorizes Town Supervisor Barbara Gutzler to execute the Memorandum of 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: AYE VINCENT F. BETTINA, COUNCILMAN Voting: AYE ISMAY CZARNIECKI, COUNCILWOMAN Voting: AYE MICHAEL KUZMICZ, COUNCILMAN Voting: AYE Dated: Wappingers Falls, New York 7/8/2013 The Resolution is hereby duly declared adopted. CHRISTINE FULT , TOWN CLERK St'P1ARiN'PENDEN'I' GRAHAM FOSTER (845) 197-9451 - Office 1841) 656-51131 - Cell (84-5 ) 298-01,124 - l a�-\ JUNE 20, 2013 TOWN OF WAPPINGER SUPERINTENDENT OF HIGHWAYS GARAGE .ADDRESS IO HIGHWAY DRIVE TO: SAL MORELLO, CODE ENFORCEMENT INSP. FROM: GRAHAM FOSTER SUBJECT: 29 LORMAR COURT SUPERVISOR BARBARA A. GUTZLER TOWN BOARD William 11. Beale Vincent Bettina Isma} Czarniecki Michael Kuzrnicz RECEIVED JUN 2 0 2013 BUILDING DEPARTMENT TOWN OF WAPPINGER I have inspected the driveway at the above address and find it acceptable. The escrow can be returned. MEMORANDUM OF AGREEMENT This Memorandum of Agreement ("Agreement") in entered into by and between the Town of Wappinger ("the Town") and CSEA, Local 1000 AFSCME ("CSEA") on behalf of the Town of Wappinger Highway Employees Unit, Dutchess County Local 814, the Town and CSEA sometimes referred to collectively as "the parties." WHEREAS, the Town and CSEA are parties to a Collective Bargaining Agreement ("CBA") dated January 1, 2010 through December 31, 2012; and WHEREAS, the parties have now reached an agreement as of the date of execution of this Agreement on the terms and conditions for a successor collective bargaining agreement and wish to memorialize their understanding in writing; and WHEREAS, the negotiating committees of the parties have agreed that all terms and conditions of the CBA shall remain in full force and effect, except as amended as follows: L ARTICLE III — COMPENSATION SECTION 1— WAGES Remove the first paragraph, which addresses the bonuses paid in 2009. Effective 1/1/13 — all salaries shall be increased by two and three quarters percent (2.75%) The parties agree to reopen the Agreement to negotiate wages and longevity effective January 1, 2014 and January 1, 2015. SECTION 2 — PREMIUM PAY F. Clothing Allowance Change the first sentence of the second paragraph to read: "There shall be a combined work/clothing/work boot/work shoe allowance of $400 for all employees." {oo725005} - 7/11/13 1 Initials Initials 2. ARTICLE IV — HOLIDAYS A. Change the beginning of the second paragraph to: "FloatingLHoliday — The ..." Change "Washington's Birthday" to "Presidents Day." 3. ARTICLE VIII — MEDICAL DENTAL AND OPTICAL INSURANCES A. • Add the following to this paragraph: Effective upon ratification of this Agreement, the Town shall discontinue the practice of providing five dollar ($5.00) reimbursements to all employees. Any such co -pays incurred prior to ratification will be reimbursed by the Town. Medical reimbursements claimed by any employee shall be submitted to the Town no later than sixty (60) days following the employee's receipt of an invoice for the expense. 4. ARTICLE IX — UNION AND EMPLOYEE RIGHTS SECTION 5 — DISCIPLINARY PROCEDURE 3. Change to read: "Suspension without pay of up to three (3) days." 4. Change to read: "Suspension without pay for no less than four (4) and no more than ten (10) days." SECTION 6 — GRIEVANCE PROCEDURE C. PROCEDURES — Change STAGE I to the following: "An aggrieved party shall present a grievance to his/her immediate supervisor no later than forty-five (45) calendar days after such party knew or should have known of the subject matter of the grievance. The supervisor shall render a written determination to the aggrieved party within a period of ten (10) working days." {00725005} - 7/11/13 2 Initials Initials 5. ARTICLE XIII — DURATION OF AGREEMENT — Change the first sentence to: "This Agreement shall be in full force and effect from January 1, 2013 through December 31, 2015." Change the last sentence to: "This Agreement made this day of .2013. TOWN OF WAPPINGER wo BARBARA GUTZLER Supervisor Date: {00725005} - 7/11/13 TOWN OF WAPPINGER HIGHWAY EMPLOYEES UNIT, DUTCHESS COUNTY LOCAL 814 MICHAEL SHEEHAN Unit President Date: Initials Initials TABLE OF CONTENTS ARTICLE DESCRIPTION I UNION RIGHTS II WORKDAYMORKWEEK III COMPENSATION IV HOLIDAYS V LEAVES WITH PAY VI SENIORITY, PROBATION & TENURE, VACANCIES AND LAYOFFS VII RETIREMENT AND LIFE INSURANCE VIII MEDICAL INSURANCE IX UNION AND EMPLOYEE RIGHTS X NO STRIKE XI ALCOHOL AND DRUG ABUSE POLICY XII LEGISLATIVE CLAUSE XIII DURATION OF AGREEMENT APPENDIX A - LABORER APPENDIX A - MEO APPENDIX A - H/MEO AND MECHANIC APPENDIX A - FOREMAN RULES FOR SALARY SCHEDULE {00748729} PAGE 1 2 3 6 6 10 11 11 11 16 17 17 17 18 19 20 21 22 PREAMBLE It shall be the public policy of the Town of Wappinger and the purpose of this Agreement to promote harmonious and cooperative relationships between the TOWN OF WAPPINGER and its employees, and to protect the public by assuring, at all times, the orderly and uninterrupted operations and functions of government. ARTICLE I - UNION RIGHTS SECTION 1 — RECOGNITION The Town of Wappinger hereby referred to as the "Employer" recognizes the Civil Service Employees Association, Inc., Local 1000, AFSCME, AFL-CIO, as the Union for the Town of Wappinger Highway Employees Unit of the Dutchess County Local 814, pursuant to the terms of the Recognition issued on January 1, 1985 as the exclusive representative for collective negotiations with respect to salaries, wages, hours and all other terms and conditions of employment for the employees in the Bargaining Unit as defined below. The Employer agrees that the Union shall be the sole and exclusive representative for all employees of the Employer as follows: All blue collar competitive, non-competitive and labor class employees of the Highway Department excluding the Highway Superintendent and Typist/Secretary to the Highway Superintendent. In the event new job titles are created by the Employer during the term of this Agreement, the Union shall be informed in writing. Substitutes for fewer than 30 days may be used by the Employer during seasonal periods on a need be basis, provided the Unit President is notified in advance of such. The above clause shall not be used to avoid payment of union wages and benefits. (See Civil Service definition of substitute). SECTION 2 — DEFINITION a) Dues Deduction The Civil Service Employees Association, Inc., shall have the exclusive right to payroll dues deduction. Such dues shall be remitted to the Civil Service Employees Association, Inc., 143 Washington Avenue, Albany, NY 12210 on a payroll period basis. No other labor organization shall be accorded any payroll deduction privilege without the express consent and written authorization of the Civil Service Employees Association, Inc. b) Agency Shop Fee The Civil Service Employees Association, Inc., having been recognized or certified as the exclusive representative of employees within the bargaining unit represented by this Agreement shall have the deductions made from the wage or salary of employees of said bargaining unit who (00748729)2 are not members of the Civil Service Employees Association, Inc., this amount equivalent to the dues levied by the Civil Service Employees Association, Inc. The Employer shall make such deductions and transmit the amount so deducted, along with a listing of such employees, to Civil Service Employees Association, Inc., 143 Washington Avenue, Albany, New York 12210. SECTION 3 — INFORMATION On the effective date of this Agreement, the Employer shall supply to the Town of Wappinger Highway Employees Unit, CSEA, a list of all employees in the bargaining unit showing the employee's full name, home address, social security number, job title, membership status and first date of employment. Such information shall hereafter be provided to the Town of Wappinger Highway Employees' Unit, CSEA, on an annual basis in January of each year. The Employer shall supply to the Town of Wappinger Highway Employees Unit, CSEA, on a quarterly basis the name, work location and date of hire of all new employees. In addition, the Employer shall supply a listing of Highway Employees who terminate their employment. ARTICLE II - WORKDAYIWORKWEEK The workday for employees hired prior to January 1, 1992 will be 7:00 A.M. to 4:00 P.M., Monday trough Friday, inclusive of one-half (1/2) hour unpaid lunch period. These employees shall be guaranteed one-half (1/2) hour per day of overtime (total of 2-1/2 hours per week). The workday for employees hired on or after January 1, 1992 will be 7:00 A.M. to 3:30 P.M., Monday through Friday inclusive of one-half (1/2) hour unpaid lunch period. All full-time Highway employees shall be guaranteed the opportunity to work at least 40 hours of work per week provided that the employee has not exhausted all of his/her leave accruals. All full-time highway employees will be granted one (1) fifteen (15) minute coffee break each morning and one (1) fifteen (15) minute coffee break each afternoon. Employees shall be paid at the same time, weekly, on Fridays. In addition to the above, the Town reserves the right to establish work hours which shall have different starting and stopping times, but in no event shall the total number of hours per day and per week be any less than those hours described above. Also, the Highway Department shall give five (5) working days written notice to the unit prior to any change of the hours described above. ARTICLE III — COMPENSATION SECTION 1 —WAGES Effective 7/1/09 each employee shall receive a bonus of one thousand dollars ($1,000.00), less applicable withholdings, by check separate and apart from customary wages, or a one thousand dollar ($1,000.00) pre-tax credit against such employee's portion of health insurance premium. The option for a bonus or pre-tax credit shall rest solely with each employee on an {00748729,, 3 individual basis. In no event shall either option be added to any employee's base wages for any purpose. Such one-time option exists solely for the calendar year "2009". Effective 01/01/10 - All salaries shall be increased by three percent (3.00%). Effective 01/01/11 - All salaries shall be increased by three and one quarter percent (3.25%). Effective 01/01/12 - All salaries shall be increased by three and one quarter percent (3.25%). SECTION 2 - PREMIUM PAY A. Overtime and Compensatory Time 1. Time and one-half the employee's rate of pay shall be paid for all work performed. - over eight (8) hours per day - on Saturday or Sunday 2. Time and one-half (1-1/2) the employee's rate of pay shall be paid for all work performed. - on a holiday (in addition to the regular day's pay). 3. Holidays, leave with pay and other authorized absences shall be deemed as hours worked with respect to computation of overtime. 4. The Unit President or his designee, upon request, shall have the right to review weekly payroll sheets in the Highway Dept. to insure equitable overtime practices. 5. An employee called in on a scheduled vacation day shall receive time and one-half the employee's rate of pay for all work performed. Employees shall not receive the vacation day back. Example: An employee scheduled for five (5) days vacation receives five (5) days pay and works one (1) of the vacation days for 1 'h days pay for a total of 6 '/2 days pay and a loss of a vacation day. 6. All employees who are approved to work overtime shall be compensated at the rate of one and one half times the employee's hourly pay. An employee may choose to receive compensatory time in lieu of paid overtime. Such election shall be made upon submission of a timesheet at the end of the week in which the overtime hours were worked. No employee shall be allowed to accumulate more than 240 hours of compensatory time during the calendar year. Any employee having unused compensatory time as of December 31 shall be paid for such time in the first paycheck of the next calendar year, except that any compensatory time earned in the last quarter of a calendar year can be carried into the next year but shall remain subject to the 240 hours maximum. Compensatory time off shall be taken at the discretion of the Town, which shall not unreasonably withhold its consent to a request for such time off. (00748729)4 B. Call -In An employee called to work hours not continuous with the employee's normal work hours or on a weekend or holiday shall be paid for a minimum of three (3) hours pay at the applicable overtime rate. Call-in pay shall begin at the time the employee is called. C. Out -of -Title Work If an employee is required to work on the sweeper, 5 ton roller, backhoe, grader or front-end loader, paver, he/she shall receive the higher rate for the day provided they work at least three (3) hours per day. D. Overtime Rotation All overtime and call-in work shall be rotated among employees within the same title on a seniority basis. All full-time employees shall be called for overtime prior to the use of part-time employees. A list of employees according to seniority shall be posted in the garage and Highway Dept. lunchroom and each occasion of overtime shall be recorded as worked. Any employee who refuses to work overtime when called shall be deemed to have worked that overtime for that period and shall not be available for overtime until all of the other members of the Department have had the same opportunity, and that any differences in the amount of overtime accruing to an individual will be increased for the purposes of comparison by those hours by which the employee refused to work overtime. E. Overtime Meal Break During each four (4) hours of continuous overtime, each employee working said hours shall be entitled to a paid meal break of fifteen (15) minutes. Additionally, during six (6) continuous overtime hours each employee shall be entitled to a paid one (1) hour meal break. F. Clothing Allowance The employer shall provide rain gear, rubber boots, safety glasses and ear protection for the use of the employees. There shall be a combined work clothing/work boot/work shoe allowance of $400 for Mechanics and $400 for all other employees. Employees shall submit receipts for purchases of work boots/work shoes/work clothing within 90 days of such purchase. New hires shall not receive clothing allowance or work boot/work shoe allowance until they complete their probation period. All employees shall wear a shirt, which will have the seal of the Town of Wappinger thereon and shall be of a color and style as designated by the Town Board. Employees shall be permitted the option to wear orange t -shirts. G. Double Shifts No employee shall be required to work more than sixteen (16) consecutive hours without an eight (8) hour rest period unless the employee agrees otherwise. f00748729}5 H. Town Equipment Except for the "Vactor and lawn mowers" only authorized Town Highway employees shall run Town Highway equipment. I. A training program will be established in the Highway Department, as soon as possible after the signing of the new Agreement, which shall afford opportunity to employees desiring to gain necessary experience on highway equipment for the purpose of meeting minimum qualifications to qualify for future promotional opportunities. Training opportunities will be assigned on an equitable basis by the Highway Superintendent or his designee. Training will be provided on a progressionary advancement basis (i.e., Laborer to M.E.O., M.E.O. to Mechanic or Heavy M.E.O.) J. All trucks with wings in operation, shall be manned by two employees. K. The parties agree that all Highway employees shall be subject to the random drug testing procedure as per federal regulations. The parties will meet as soon as possible to promulgate a written procedure, which will be distributed to all Highway employees. L. CDL Reimbursement The Town shall reimburse each employee the cost of renewing a New York State CDL Driver's License. ARTICLE IV — HOLIDAYS A. All employees shall be entitled to receive the following holidays (or the closest weekday, if holidays occur on weekends) with said regular rate of pay: New Year's Day Martin Luther King's Birthday Floating Holiday the employees shall, as a group and based upon majority vote of the unit, be entitled to one day as a Floating Holiday, subject to approval of the Highway Superintendent, who shall not unreasonably withhold his approval. Washington's Birthday Good Friday Memorial Day Independence Day Labor Day Columbus Day Veteran's Day Election Day Thanksgiving Day Day after Thanksgiving Christmas Day B. In order for an employee to qualify to be paid for a recognized holiday, the employee must work his/her scheduled workday before and the scheduled workday after the holiday (or the day celebrated as such), unless absent from work on one or both of these days as a result of an excused unpaid absence or an absence paid under one of the provisions of this Agreement. {00748729)6 APPENDIX A r� . . • rra rr • • • rr KM U I'll• imi rr LONGEVITY FOR ALL EMPLOYEES: Longevity Per Hour Beginning 5" year $ .25 Beginning loth year .30 Beginning 15th year .35 Beginning 20th year .40 Beginning 25th year .45 Beginning 30th year .50 "Consideration given for all prior years of service. Added cumulatively to base hourly salary on anniversary date. f 00748729} 19 APPENDIX A • m r+o-rii.���--►-ter - - ��_�--__•_ _-�-.-. {00748729}1 8 APPENDIX A .aaK"n. , • as {00748729} 17 ARTICLE XII — LEGISLATIVE CLAUSE IT IS AGREED BY AND BETWEEN THE PARTIES THAT ANY PROVISION OF THIS AGREEMENT REQUIRING LEGISLATIVE ACTION TO PERMIT ITS IMPLEMENTATION BY AMENDMENT OF LAW OR BY APPROVING THE ADDITIONAL FUNDS THEREFORE SHALL NOT BECOME EFFECTIVE UNTIL THE APPROPRIATE LEGISLATIVE BODY HAS GIVEN APPROVAL. ARTICLE XIII - DURATION OF AGREEMENT This Agreement shall be in full force and effect from January 1, 2010 through December 31, 2012. This Agreement constitutes a complete understanding of the parties, and it may not be amended or modified prior to its termination except by written agreement of the parties hereto. The Unit President or his designee shall submit a written notice to the Town, no later than July 1St of the final year of the Agreement, for the purpose of negotiating a new Agreement, said negotiations shall commence prior to September 15th of the final year of the Agreement. This Agreement made this 6th day of November, 2009. BY ORDER OF THE TOWN BOARD OF THE TOWN OF WAPPINGER TOWN SUPERVISOR TOWN OF WAPPINGER UNIT DUTCHESS COUNTY LOCAL 814 CIVIL SERVICE EMPLOYEES ASSOCIATION, INC. UNIT PRESIDENT LABOR RELATIONS SPECIALIST {00748729)15 Board. Leaves of absence for reasons shall be permissive, and the employee shall not work in any other employment during the leave of absence, unless approved by the Town Board. All leaves of absence shall result in an extension of the anniversary date of the employee by the number of days included in the leave, if granted for illness, accident, or injury. An employee who fails to return to work on or before the expiration date of his/her leave of absence shall be deemed to have quit voluntarily. The Highway Superintendent may grant an employee excused time off without pay for a period of up to two (2) weeks for legitimate reasons; such excused time off shall not be considered a leave of absence. SECTION 10 - BULLETIN BOARDS The Town agrees to allow the Union to make use of the Highway bulletin board or to put up one purchased by the Union for the purpose of posting union meeting announcements, bulletins, election notices and for any and all matters relative to Union business. SECTION 11 - SAFE ARRIVAL OF EMPLOYEES To insure the safe return of employees from their assigned duties at the end of each business day, all employees shall report back to the Highway Superintendent, or his designee, upon the conclusion of their assigned duties at the end of each business day. The Highway Superintendent or his designee shall be present to account for all employees. ARTICLE X - NO STRIKE CSEA shall not engage in a strike, nor cause, instigate, encourage or condone a strike. CSEA shall exert its best efforts to prevent and terminate any strike. Nothing contained in this Agreement shall be construed to limit the rights, remedies or duties of the Town or the rights, remedies or duties of CSEA or employees under State Law. ARTICLE XI - ALCOHOL AND DRUG ABUSE POLICY The alcohol and drug abuse policy as adopted by the Town of Wappinger shall be incorporated, by reference into this Agreement. The Town and CSEA acknowledge that there are no "on-call" employees employed pursuant to this contract. The Town and CSEA further agree to amend the Town's Alcohol and Drug Abuse Policy to address the procedure/dismissal for repeat offenders. (00748729} 14 STAGE III - In the event such grievance is not disposed of under Stage, the Employer or the CSEA, not later than twenty (20) days after presentation under Stage II, shall have the right to submit the issue to binding arbitration before an impartial arbitrator. The submission shall include a brief statement setting forth precisely the express provision of this Agreement to be interpreted by the arbitrator. The arbitrator shall issue his decision not later than twenty (20) days from the date of closing of the hearing, or, if oral hearings have been waived, then from the date of transmitting the file, statements and proofs to the arbitrator's interpretation of the express provisions of this Agreement submitted to him. The decision of the arbitrator shall be binding on the Employer, Employee, or the Association. In the event the parties are unable to agree upon an impartial arbitrator within twenty (20) days after request or arbitration as herein above provided, then the Voluntary Labor Arbitration Rules of the American Arbitration Association shall be applied to the proceeding for the purpose of selecting an arbitrator and the arbitrator shall be selected as therein provided. The arbitrator's fee and the costs and expenses of the arbitration proceeding will be shared equally by the parties to the dispute. D. TIME LIMITS Time limits for the grievance procedure may be waived by mutual agreement. E. UNION REPRESENTATION The employee designated or elected to process grievances or administer the terms of the Agreement shall be allowed four (4) hours per month, non -cumulative, free from his or her regular duties for the performance of this obligation. SECTION 7 - PERSONNEL FILE An employee shall have the opportunity to review his or her personal history folder in the presence of an appropriate official of the Town and at his or her option, his or her union representative, upon three (3) working days notice; provided, however, where the employee's personal history folder is kept at a location other than the employee's place of work, five (5) working days notice shall be required. The employee may place in such file a response of reasonable length to anything contained therein which such employee deems to be adverse; provided, however, an employee may not review letters of reference obtained in connection with his initial and subsequent employment. SECTION 8 - DIMINISHMENT PROVISION The Employer will maintain all existing employee benefits and working conditions, which are in effect at the time of the execution of this Agreement and not specifically herein provided for and which have been gained and have continued through past practices rather than through past contractual agreements. SECTION 9 - LEAVE OF ABSENCE An employee may be granted a leave of absence for a period of more than two (2) weeks without pay for a reasonable period for legitimate, personal reasons. A request for such a leave of absence must be made in writing to the Highway Superintendent and approved by the Town ( 00748729113 3. Suspension of less than 3 days 4. Suspension of more than 3 days 5. Termination Any action on the part of an employee, which endangers the safety, health or welfare of another employee or citizen of the Town, shall be cause to start at Step 4. SECTION 6 - GRIEVANCE PROCEDURE A. DEFINITIONS A contract grievance is a dispute concerning the interpretation, application or claimed violation of a specific term or provision of this Agreement. Other disputes, which do not involve the interpretation, application, or claimed violation of a specific term or provision of this Agreement, including matters as to which other means of resolution are provided or foreclosed by this Agreement, or by statute or administrative procedures applicable to the Town, shall not be considered contract grievance. B. BASIC PRINCIPLES 1. It is the intent of these procedures 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. 2. An employee shall have the right to present grievances in accordance with these procedures, free from coercion, interference, restraint, discrimination or reprisal. 3. An employee shall have the right to be represented at any stage of the procedures by a person or persons of his own choice. 4. Each party to a grievance shall have access at reasonable times to all written statements and records pertaining to such case. 5. All hearings shall be confidential. 6. It shall be the responsibility of the Town to take such steps as may be necessary to give force and effect to these procedures. The Town shall have the responsibility to consider promptly each grievance presented and make a determination within the authority delegated to them within the time specified in these procedures. 7. The function of these procedures is to assure equitable and proper treatment under the Agreement and existing laws, rules, regulations and policies, which relate to or affect the employees in the performance of his assignment. They are not designed to be used for changing such rules or establishing new ones. C. PROCEDURES A grievance shall be processed along the lines of authority attached hereto in the following stages: STAGE I - An aggrieved party shall present a grievance to his/her immediate supervisor who shall render a written determination to the aggrieved party within a period of ten (10) days. STAGE II - In the event such grievance is not resolved within ten (10) working days from such presentation, it shall be presented, in writing, by the CSEA Unit to the Town Board. {00748729} 12 ARTICLE IX - UNION AND EMPLOYEE RIGHTS SECTION 1 - ACCESS TO EMPLOYEES The Union and its designated agents shall have the sole and exclusive right to access to members of the bargaining unit during working hours to administer this Agreement to explain Civil Service Employees Association's sponsored benefits and programs. The employer agrees that no other representative or organization offering benefits or programs similar to those offered or sponsored by the Civil Service Employees Association, Inc., shall be provided access to bargaining unit employees. The Employer further agrees that it will not permit any other organization or union to hold meetings for the purpose of discussing terms and conditions of employment, or be provided meeting space, on property or premises owned or occupied by the Town of Wappinger. SECTION 2 - EMPLOYEE ORGANIZATION LEAVE An employee who is a delegate to the CSEA Annual Convention shall be granted five (5) days leave per year, chargeable to his/her leave credits, to attend the CSEA Annual Convention. In the event the employee chooses not to use his/her leave accruals, they shall be granted a leave of absence without pay. SECTION 3 - LABOR/MANAGEMENT MEETINGS The Town and the Union shall within forty-five (45) days of the signing of this contract appoint a Labor/Management Committee. The Committee shall consist of the Town Board and three (3) union members. The committee shall meet on a quarterly basis, however, upon written notice by either party, a special meeting will be held within ten (10) working days. The Union will provide management with an agenda ten (10) working days prior to each meeting. It shall be the duty of the committee to work toward the successful implementation of this Agreement and to address other labor and safety issues that may arise. No person shall be called in by the Employer to work alone during an overtime call-in operation. SECTION 4 - SUCCESSOR CLAUSE This Agreement shall be binding upon the Employer and its successors, assignees, lessees or transferees of the Employer or any other parties to contracts with the Employer, which successors, assignees, lessees, transferees or parties provide services similar to those provided by members of the bargaining unit represented by CSEA, Inc. SECTION 5 - DISCIPLINARY PROCEDURE No employee shall be disciplined or discharged without just cause. Just cause shall be subject to the grievance procedure as per this Article - Section 6. There shall be a five (5) step discipline process. 1. Warning 2. Written Reprimand {00748729} 11 SECTION 4 — LAYOFFS Any layoffs shall be done in reverse order of seniority within the bargaining unit. Recall from layoffs will be according to seniority. ARTICLE VII - RETIREMENT AND LIFE INSURANCE A. The employer and employee shall participate in the New York State Employee's Retirement System. Plan 751 for those employees in Tier I and Tier II. B. The Town shall continue to provide the current life insurance policy for each employee for the duration of this Agreement at no cost to the employee. 1. Ten thousand dollars ($10,000) up to ten (10) years of service. 2. Ten (10) years service and over -fifteen thousand dollars ($15,000). ARTICLE VIII - MEDICAL DENTAL AND OPTICAL INSURANCES A. The Employer shall participate in the Statewide or the New Empire Plan provided to the CSEA Executive Branch Employees or MVP 20 Plan provided Town reimburses employees for Co -pays and prescriptions such that employees' responsibility would be the same as under the MVP 15 Plan. B. Employees hired after January 1, 1990 shall have the Town contribute 80% toward the cost of employee health insurance premiums, except for an employee who participates in the MVP or GHI health plan. The Town shall contribute 85% toward the MVP premium and 100% toward the GHI premium. C. The Town shall pay the full cost of the Dutchess Family Dental Plan and Platinum 12 Family Vision Plan. D. The Town shall pay the cost of retirees medical insurance as follows: Years of Town Employment Individual Dependent 10-14 35 20 15-19 50 35 20-24 60 45 25+ 70 50 E. Any employee declining health coverage shall be eligible to receive an annual reimbursement from the Town in the amount of twenty-five percent (25%) of the Town's portion of the premium for the employee and any eligible dependents under the MVP plan, or its successor. The reimbursement shall be prorated for the first year of employment. All reimbursements shall be made in December of each year. This provision shall not apply to dental and optical coverages. t0074872911 0 workdays leave with pay shall be granted upon the death of the employee's step-parent, brother- in-law, sister-in-law, father-in-law, mother-in-law, grandfather and grandmother. SECTION 5 -WORKERS' COMPENSATION If an employee is entitled to receive Workers' Compensation benefits during absence from work, he shall forth while file in writing with his department head his election as follows: 1. He may elect to waive any sick leave, in which case no charge will be made to accumulated sick leave time. 2. He may elect to take sick leave, in which case he shall be entitled to receive during his absence from duty, as sick leave pay a sum equal to the difference between his Workers' Compensation benefits and his regular pay and each day of absence from duty shall be charged to his accumulated sick leave time. 3. Employees who suffer an injury covered under Workers' Compensation benefits shall receive their full salary during the mandated waiting period, not chargeable toward their leave credits. ARTICLE VI - SENIORITY PROBATION & TENURE VACANCIES AND LAYOFFS SECTION 1 — SENIORITY Seniority shall be defined as continuous service from the date of hire. Employees taking breaks in employment of less than one (1) year resulting from a layoff or an approved leave of absence shall be deemed to have maintained continuous service for the purpose of this Article. SECTION 2 - PROBATION AND TENURE All present employees of the Town shall be deemed to have obtained permanent status. Each newly hired employee shall from date of hire have a probationary term of up to 6 months. The Highway Superintendent or his designee shall determine if a highway employee meets his/her probationary period. SECTION 3 — VACANCIES All vacancies within the unit shall be posted for at least five (5) days. Qualified employees applying for vacancies shall be appointed on the basis of seniority and ability to perform the duties of the position per the Highway Superintendent. Employees unavailable due to vacation, personal or sick leave shall be mailed, by first class mail, a copy of the posting by both the Town and CSEA on the date of first posting. 10074872919 D. ADDITIONAL SICK LEAVE - If an employee shall be absent from his duty because of quarantine or exposure to communicate disease, and such exposure occurred while such employee was performing Town duties, the Town Board may grant sick leave pay in addition to any sick leave pay herein above provided, but in no event, shall such leave pay for any one employee in the aggregate extend beyond a year from the commencement of quarantine. In any case of absence due to disability arising from performance of Town duty, the Town Board may grant further sick leave without pay to commence after the expiration of any paid sick leave. E. SERVICE - Absence on authorized sick leave pay status shall be considered active service in the computation of vacation eligibility, an absence on authorized vacation shall be considered active service in the computation of sick leave credit. F. PAYMENT OF SICK LEAVE UPON SEPARATION - An employee who separates from the service of the Town, who has used less than 50% of his total accumulated sick leave, shall be eligible to receive payment for 85% of his sick leave credits not to exceed the established maximum. Payment shall be made to the designated beneficiary in the case of death of an employee. G. MATERNITY POLICY - A pregnant or adopting mother will be granted a leave of absence without pay or a period of six months, which may be extended or an additional six month period, maximum, with the recommendation of the department head and approval of the Town Board. Reinstatement will be at the salary for such position in effect at the point in time when such leave of absence was approved. SECTION 3 - NEW YORK STATE DISABILITY INSURANCE The Employer agrees to provide New York State Disability Insurance or all employees at no cost to employees. SECTION 4 - PERSONAL AND BEREAVEMENT LEAVE A. Each employee shall receive six (6) paid personal business leave days per year. Personal business leave days to be taken shall require approval from the Highway Superintendent or his designee. However, approval shall not be denied unless there is an emergency. B. Unused personal leave shall be credited to the employee's sick leave accruals. C. Employees hired on or after Janua7 1, 1994, shall receive three (3) personal days each January 1St and three (3) more on July 1S of each year. For employees hired after 01/01/94, personal days shall be provided based upon a formula of one day per two months of employment. The personal days shall be credited as follows: on January 1St, each employee shall receive three (3) personal days, and on each July 1St, the employee shall receive three (3) additional personal days. If employee terminates employment prior to accrual of the personal days, employer will be permitted to deduct applicable wages paid from the final salary payment for those personal days used but not accrued during subject six (6) months period. D. Each employee shall be entitled to five (5) consecutive workdays leave with pay, upon the death of the employee's spouse, father, mother, child and non -step sibling. Three (3) consecutive (00748729)8 ARTICLE V - LEAVES WITH PAY SECTION 1 -VACATION A. Employees shall be eligible for vacation in accordance with the following schedule with consideration given for all prior services with the Town. After 1 year - 1 week After 2 years - 2 weeks After 5 years - 3 weeks After 10 years - 4 weeks After 15 years - 5 weeks B. Employees shall be allowed to carry up to ten (10) working days vacation of their allotted vacation into the subsequent year. A written request shall be given to the Highway Superintendent who shall send it to the Town Supervisor. The employee's request is subject to written approval by the Town Supervisor. C. Vacation may be utilized in minimum increments of one hour. D. Vacation between Memorial Day and Labor Day shall be approved on the basis of seniority. Vacation requests outside of the above period shall be approved on a first come, first serve basis. No request for vacation shall be arbitrarily denied. E. Employees shall give two (2) weeks notice, in writing, to the Highway Superintendent requesting their vacation time. The Highway Superintendent shall respond, in writing, no later than three (3) days. F. Employees shall not be required to return to work during approved vacations and approval of vacations shall not be contingent upon willingness for recall. G. -Upon death, retirement or other type of termination of an employee, the employee or employee's beneficiary, as the case may be, shall be paid for all unused vacations earned at the current rate of pay of the employee. If the employee terminates his employment as above prior to earning his full vacation time, the employer shall pay the employee or the employee's beneficiary, as the case may be, for his vacation on a pro -rated basis in accordance with the number or months worked. SECTION 2 - SICK LEAVE A. ACCRUAL/ACCUMULATION - Employees commence year of service with an entitlement of 12 days per year figured at the rate of one day per month. All sick time in excess of 12 days in one year of service will be without compensation, unless such additional sick time has been accumulated from unused sick time of prior years. Employees may accumulate sick time credit up to a maximum of 200 days. B. SICK LEAVE PAY - During absence from duty on approved sick leave, an employee will be entitled to receive his/her regular pay, except in Workers' Compensation cases, for a period not exceeding his/her accumulated sick leave time but in no event in excess of 166 days of pay in any calendar year. C. MEDICAL CERTIFICATE - An employee may be absent from duty with pay due to personal illness. After four (4) consecutive workdays or more of sick leave, the employee will be required to provide the Highway Superintendent or his designee with a doctor's certificate. {00748729}7 APPENDIX A RUN, •.gqp • as {00748729} 16 RULES FOR SALARY SCHEDULE Employees promoted will be placed at a step corresponding to the 1st higher increment in the classification of promotion. All new employees hired after the signing of the Agreement will be hired at Step I of the Salary Schedule in classification hired under. Step advancements for eligible employees shall be made on January I of each year according to the following criteria: A. An employee shall have completed five (5) months of service by December 31st in the year they were hired, in order to receive an increment. B. All new employees hired at Step I will advance one (1) increment on January I of each year, provided they have completed five (5) months of service by December 31st, in order to receive an increment. Longevity payments will be added to the base annual salary or base hourly salary as the case may be, shall be cumulative, and shall be paid on the employee's anniversary date with due consideration given to all employees with prior years of service with the Town (referenced in Appendix "A"). {00748729}20