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2010-084w 2010-84 Resolution Approving Recognition Agreement with International Brotherhood of Teamsters Local 445 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 February 8, 2010. The meeting was called to order by Christopher Colsey, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor - Christopher J. Colsey Councilmembers - William H. Beale Vincent F. Bettina Ismay Czarniecki Joseph P. Paoloni ABSENT: The following Resolution was introduced by Councilwoman Czarniecki and seconded by Councilman Bettina. WHEREAS, a majority of full-time and permanent part-time employees employed at the Town of Wappinger Town Hall ("Town Hall employees") have signed authorization cards with respect to representation by Local 445; and WHEREAS, the Town desires to voluntarily recognize Local 445 as the exclusive collective bargaining representative of various Town Hall employees subject to specific terms and conditions; and WHEREAS, Local 445 and the Town wish to enter into a Recognition Agreement to set forth their mutual understanding with respect to the Town's voluntary recognition of Local 445. NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Wappinger approves the Recognition Agreement in the form attached to this Resolution BE IT FURTHER RESOLVED, that Town Supervisor Christopher Colsey is authorized to execute the Recognition Agreement on behalf of the Town. The foregoing was put to a vote which resulted as follows: CHRISTOPHER COLSEY, SUPERVISOR Voting: ABSTAIN WILLIAM H. BEALE, COUNCILMAN Voting: AYE VINCENT F. BETTINA, COUNCILMAN Voting: AYE ISMAY CZARNIECKI, COUNCILWOMAN Voting: AYE JOSEPH P. PAOLONI, COUNCILMAN Voting: AYE Dated: Wappingers Falls, New York 2/8/2010 The Resolution is hereby duly declared adopted. !1 �, A T.Q, OHN C. MASTERSON, TOWN CLERK RECOGNITION AGREEMENT This Recognition Agreement is entered into this day of 12010 between the International Brotherhood of Teamsters, Local 445 ("Local 445") and the Town of Wappinger ("the Town") with respect to the desire of certain Town Hall employees to be represented by Local 445. WHEREAS, a majority of full-time and permanent part-time employees employed at the Town of Wappinger Town Hall ("Town Hall employees") have signed authorization cards with respect to representation by Local 445; and WHEREAS, the Town desires to voluntarily recognize Local 445 as the exclusive collective bargaining representative of various Town Hall employees subject to specific terms and conditions; and WHEREAS, Local 445 and the Town wish to enter into this Agreement to set forth their mutual understanding with respect to the Town's voluntary recognition of Local 445. NOW THEREFORE, in consideration of the mutual promises and obligations set forth herein, the parties agree as follows: The Town shall voluntarily recognize Local 445 as the exclusive collective bargaining representative of all full-time and permanent part-time employees employed at Town Hall, with the exception of the Accountant, Secretary to the Town Supervisor and two Recreation/Maintenance employees. This voluntary recognition does not extend to any person holding an elected position. 2. Pursuant to statute, certain individuals to be represented by Local 445 are appointed by, and serve solely at the pleasure of, a specific appointed or elected Town official. Local 445 understands and agrees that the full statutory authority of any such official shall not be amended or altered in any way and that understanding shall be further set forth in any collective bargaining agreement negotiated between the parties. 3. Upon execution of this Agreement, the parties shall make good -faith efforts to negotiate the terms of a collective bargaining agreement. TOWN OF WAPPINGER Christopher Colsey, Supervisor INTERNATIONAL BROTHERHOOD OF TEAMSTERS LOCAL UNION NO. 445 WE Jerry Ebert, Director of Organizing/ Business Agent 2 STATE OF NEW YORK ) )ss.. COUNTY OF DUTCHESS ) On the _day of , 2010 before me, the undersigned, a Notary Public in and for the State of New York, personally appeared Christopher Colsey, and said that he is the Supervisor of the Town of Wappinger, personally known to me or proved to me on the basis of satisfactory evidence to be the individual described whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the persons upon behalf of which the individual acted, executed the instrument. NOTARY PUBLIC STATE OF NEW YORK ) )ss.. COUNTY OF DUTCHESS ) On the _day of , 2010 before me, the undersigned, a Notary Public in and for the State of New York, personally appeared Jerry Ebert, and said that he is the Director of Organizing/Business Agent of the International Brotherhood of Teamster Local Union No. 445, personally known to me or proved to me on the basis of satisfactory evidence to be the individual described whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the persons upon behalf of which the individual acted, executed the instrument. NOTARY PUBLIC F:\USER\clients\W\Wappinger - Town\Teamsters L445\LegahRecognition Agreement.doc 3