CSEA, City of
January 1, 2002 – December 31, 2005
AGREEMENT Between
CIVIL SERVICE EMPLOYEES ASSOCIATION, INC., LOCAL 1000 AFSCME AFL-CIO
and THE CITY OF GLEN COVE
The following Collective Bargaining Agreement is hereby agreed to for the period January 1, 2002 through December 31, 2005.
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ARTICLE I |
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ARTICLE II |
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ARTICLE III |
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ARTICLE IV |
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ARTICLE V |
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ARTICLE VI |
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ARTICLE VII |
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ARTICLE VIII |
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ARTICLE IX |
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ARTICLE X |
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ARTICLE XI |
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ARTICLE XII |
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ARTICLE XIII |
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ARTICLE XIV |
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ARTICLE XV |
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ARTICLE XVI |
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ARTICLE XVII |
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ARTICLE XVIII |
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ARTICLE XIX |
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ARTICLE XX |
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ARTICLE XXI |
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ARTICLE XXII |
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ARTICLE XXIII |
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ARTICLE XXIV |
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ARTICLE XXV |
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ARTICLE XXVI |
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EXHIBIT A |
SALARY AND GRADES |
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EXHIBIT B |
DRUG AND ALCOHOL TESTING POLICY FOR COVERED CDL DRIVERS |
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RECOGNITION
Section 1. The Civil Service Employee Association, Inc. AFSCME Local
1000, AFL-CIO, shall be referred to as the CSEA and the City of
Section 2. For the duration of this contract, Glen Cove recognizes the CSEA as the bargaining agent for all full-time Civil Service personnel employed by Glen Cove except for sworn officers of the Police Department, those designated as managerial or confidential, exempt, appointed Department Heads, school guards, and special community service corp.’s personnel.
WORKING CONDITIONS
Section 1. It shall be the duty of all personnel to see that all working conditions are safe from unnecessary hazards. Such situations shall be reported to the immediate supervisor who shall in turn report this condition to the proper authority.
HOURS OF WORK
Section 1. At present, the hours of work for the
Department of Public Works 8:00 a.m. - 4:30 p.m.
Clerical Staff 9:00 a.m. - 5:00 p.m.
Custodians 7:00 a.m. - 3:00 p.m.
8:30 a.m. - 4:30 p.m.
2:00 p.m. - 10:00 p.m.
CSEA agrees to have certain
employees be scheduled for customized hours, i.e., hours other than a standard
Monday through Friday workweek; the City agrees that, to the extent said
workers are working after
Section 2. Employees who are assigned to the golf course shall work
their normal work week as provided by this Article, except that commencing May
1st of each contract year, said employees will work four (4) days
per week from
Section 3. For purposes of this agreement seasonal employment for employees of the Golf Course and Parks shall be defined as follows:
“Where the nature of an employee’s services is such that it is not continuous throughout the year, but recurs in each successive year same shall be designated as seasonal. For the purposes of this agreement, seasonal employment may commence on March 1, and shall end on or before November 30th each year.”
The Golf Course and Parks Departments shall each have 5 seasonal laborers. Jobs that are traditionally or historically seasonal (i.e., life guards, day camp personnel, beach attendants, seasonal employees hired to cover summer vacations, etc.) shall be in addition to the above seasonal laborers.
CSEA agrees to allow the City to hire seasonal student workers in City Hall during school vacations and during the summer vacation from May 1st through Labor Day.
Section 4. For purposes of this agreement, part-time employees are those whose regular weekly work schedule is less than 20 hours.
Section 5. The City shall endeavor not to assign work to part-timers and seasonals which have traditionally been regularly performed by full time employees.
SALARY INCREASES AND INCREMENTS
Section 1. All employees covered by this agreement shall receive an
increase in their base annual salary of three percent (3%) retroactive to
All employees covered by this
agreement shall receive an increase in their base annual salary of three and a
half percent (3.5%) effective
All employees covered by this
agreement shall receive an increase in their base annual salary of four and a
half percent (4.5%) effective
All employees covered by this
agreement shall receive an increase in their base annual salary of four and a
half percent (4.5%) effective
The pay increase is retroactive to
Section 2.
“Notwithstanding the above,
the City may grant a one (1) step increment up to a five (5) step increment to
any bargaining unit employee who has one (1) year or more of actual completed
service with the City. An eligible
employee may receive up to but not more than five (5) step increments during
the life of this contract. Effective
Section 3. Performance evaluations shall be submitted to the CSEA member and the appropriate City office by May 30th of each year and no merit increases shall be given unless all evaluations have been submitted.
The step increases between the gaps in the salary schedule (i.e., Step 20 and Step 25) shall be prorated over new steps to be created; i.e., Steps 21, 22, 23 and 24. The parties agree to reopen this issue for discussion in the second year of the Contract and the parties agree to collectively look at the salary schedule to make it uniform and fair. All gaps in the current salary schedule shall be filled making a complete 55 step salary schedule.
Section 4. SALARY STUDY COMMITTEE
a. The parties will work together to standardize salary scale in a manner that is fair to the City and CSEA.
b. A Salary Study Committee shall be established for the life of this contract for the purpose of reviewing, evaluating, and proposing changes, if any, regarding employees’ placement in the graded salary plan. The Committee’s existence shall be reviewed at the contract’s duration and may be continued upon mutual consent.
c. Such Committee shall be equally comprised of representatives for the CITY and CSEA. The Committee shall have the authority to appoint an outside consultant to chair the Committee.
d. Following its research and evaluation of all graded service salary plan positions within the City, the Committee shall make a recommendation reflecting its majority findings. (No employee shall be downgraded as a result of this Study). Such majority recommendation shall promptly be presented to the Mayor and City Council for their review and action. The CITY shall either accept and implement the recommendations of the Committee or reject same in their entirety. The recommendations may be made and approved or rejected on a department-by-department basis.
e. This provision shall in no way impair or otherwise affect the CITY’S ability to exercise its existing rights as provided in relevant law and regulation. The actual implementation of any committees’ recommendations shall be subject to approval of the Civil Service Commission in all respects.
Section 5. BONUS PROGRAM
The Mayor and the City of Glen Cove
will establish within the term of this contract a Bonus Program for employees
who submit ideas that when implemented would save the City money. A committee will be established to administer
the program. The committee will consist
of three (3) members each from the Union and the City of
Section 6. Each employee shall be advanced on the first day of each year to their next salary schedule step-increment until they reach the maximum for that position. Longevity increments shall start on Anniversary Date.
ARTICLE V
ATTENDANCE AND LEAVE
Section 1. Notwithstanding any other provisions of this contract, no more than (10) percent of the employees in any one department will be given personal leave and/or vacation leave and/or sick leave on any single working day. Approval of the Department Head/Supervisor will be necessary (except for sick time) to obtain this time off, so that ten (10) percent maximum will not be exceeded.
Section 2. Each employee shall be entitled to five (5) days personal
leave annually. The employee must give
five (5) days notice to
Section 3. HOLIDAYS
The
following days are holidays for
1. Christmas Day
2. New Year’s Day
3. President’s Day
4.
5. July 4th
6. Columbus Day
7. Thanksgiving Day
8. Election Day
9. Labor Day
10. Veterans’ Day
11. Martin Luther King Day
Also, for Easter Sunday and Flag
Day, employees shall receive one compensatory day each. Further, if any of the eleven listed holidays
(except Easter Sunday and Flag Day) falls on a Saturday or Sunday, the employee
shall be given the preceding Friday or successive Monday as a
The parties agree to make
Section 4. Court appearance – absence by reason of required court appearance in any action involving the City will be approved for the number of days necessary without loss of salary or use of leave time.
Section 5. Religious Holidays –
Section 6. DEATH IN FAMILY
A) “Immediate Family” in this section shall mean husband, wife, son, daughter, son-in-law, daughter-in-law, grandchild, mother, father, sister or brother. Also mother-in-law or father-in-law, brother-in-law or sister-in-law, grandfather or grandmother, foster parent and foster children.
B) Bereavement leave – If death occurs in an employee’s immediate family, the employee may be absent for the period of three working days which is not to be charged against him in any way. Any other absence may be charged against personal leave or unused sick time, at the employee’s option.
Section 7. Jury Duty – Time spent on jury duty shall not be chargeable
against the employee in any way, provided that he submits his notice of jury
duty to his immediate supervisor. The
employee must turn over any jury fee he receives to
Section 8. An employee shall not be charged in any way for time spent in undergoing a Selective Service examination.
Section 9. WORKERS COMPENSATION
If an employee is required to attend
Workers Compensation hearings as a result of injuries incurred on the job in
Section 10. SNOW EMERGENCY
If a snow emergency occurs and City
Hall is open, each absent employee shall have the day charged against his
personal leave. If the employee had no
personal or vacation leaves accumulated, he can borrow the day on his future
personal, vacation or sick time. In the
event of inclement weather that is so severe that employees are not able to get
to their respective jobs at City Hall, the City of
Section 11. MOTOR VEHICLE AND OTHER APPEARANCES
If an employee is required to appear before the State Motor Vehicle Bureau or any other Federal, State, County or City agency and he is personally involved, the employee may use personal days.
ARTICLE VI
VACATION
Section 1. (i) Prior to
YEARS WORKED VACATION DAYS PER YEAR
1-2 10
3 15
4 16
5 17
6 18
7 19
8 20
9-14 21
15+ 25
New employees may begin using accrued vacation time only after they have been on the payroll a minimum of six (6) months.
Section 2. Whenever practicable, employees shall request their vacations by January 1 of each calendar year. In any event, employees shall request their vacations as far in advance as may be practicable under the circumstances.
Section 3. Vacation leave shall be granted with seniority as an important factor.
Section 4. Although employees are ordinarily expected to schedule their vacation in no more than two “blocks”, the City shall permit the use of individual vacation days in particular instances where the administrative needs of the department permit.
Section 5. Monies due for vacation will be paid prior to an employee leaving on vacation; one month notice in advance shall be required except in cases of extreme emergency.
Section 6. Upon separation from service, an employee will be paid at the current rate for accumulated but unused vacation days up to the maximum.
ARTICLE VII
SICK TIME
Section 1. Sick leave allowance shall be accumulated at the rate of 13 days per year (1/2 day for every two weeks) to be accumulated to 250 days.
(A) Unused sick time will be paid upon retirement, voluntary separation from service or death, as follows:
1)
100 percent of unused sick time will be paid to those
who retire or leave
2)
The payment of accumulated sick time will be paid at an
average rate to be paid out as a weekly added increment of his last year
employment in the City of
3)
The employee retiring shall notify the City of
Section 2. Employees who fall ill while on vacation may use their sick time for the remainder of the illness, provided immediate notice is given and a doctor’s
certificate is presented.
Section 3. Once an employee is absent for more than three consecutive working days because of a personal illness, he may be required to submit a doctor’s certificate explaining the nature of the illness. Violation of this section may be considered unauthorized absence, and as such, a basis for dismissal.
Section 4. There will be established a Voluntary Sick Bank for employees who have a catastrophic illness. A committee consisting of union members and a representative of the City shall establish the policy and administer the voluntary sick bank.
ARTICLE VIII
GRIEVANCE PROCEDURE
Section 1. A grievance is defined as any dispute between the City and the CSEA with respect only to the meaning, interpretation or application of a provision of this agreement. It shall not include any matters which are otherwise reviewable under administrative procedures established by law or the rules of the Civil Service Commission.
Section 2. Step 1 of the Grievance Procedure is the making of an oral complaint to the affected employee’s first immediate supervisor not in the bargaining unit or the supervisors designed representative for grievance procedure.
Section 3. Step 2 of the Grievance Procedure is the making of a written complaint to the affected employee’s Department Head.
Section 4. Step 3 of the Grievance Procedure is the making of a written request for the Mayor to review the determination at Step 2.
Section 5. Step 4 of the Grievance Procedure is the making of a written request for binding arbitration. Within 10 days after receipt by the City of such a request, the parties shall jointly select an arbitrator. In the absence of agreement within such time period, the New York State PERB shall assign an arbitrator.
Section 6. All Grievances shall be presented at the first step within 10 days of the incident under which the Grievance arises, and shall be appealed to the next step within 10 days of an adverse determination at any step. Failure to appeal or follow these time limitations shall constitute a waiver of the right to proceed.
Section 7. The parties shall share equally the cost of any arbitration hereunder to the extent not paid by state funds.
ARTICLE IX
PROMOTION OPPORTUNITIES PUBLISHED
Section 1. All openings for promotional positions having salary differentials shall be published on available bulletin boards, and all personnel shall be given adequate opportunity to make application for such position. The City shall ask for a promotional test before going outside of the unit to fill any higher position that becomes available.
Section 2. If a position at a higher grade opens or is about to open, training to qualify for this position shall be given according to seniority.
The City will work with the CSEA to ensure that “supervisor” training is provided, as appropriate. Training to be given to employees covering, how to supervise other employees and performing tasks of supervisors.
ARTICLE X
PROTECTION OF EMPLOYEES
Section 1. All employees who are appointed from a Civil Service list are afforded the protection of applicable Civil Service law.
Section 2. All employees in the non-competitive class, after one (1) year of service, shall be afforded the protection of applicable Civil Service Law.
Section 3. Legal Counsel – To the extent required by law, the City agrees to provide legal counsel to defend the indemnify any employee in any action arising out of an action taken by an employee on City business.
Section 4. Compensation for Lost Time – If any assault on an employee on City business results in loss of time, the employee shall be paid in full and such absence shall not be deducted from any sick leave to which such employee is entitled under contract. Any Workers Compensation benefits above and beyond that which the City has been paid to the employee during this period shall remain the property of the employee.
Section 5. Except as otherwise set forth herein, all employees employed
by the City of
All Laborers who are upgraded as per this stipulation shall receive the same rights and protection under Section 75 of the Civil Service Law including seniority.
Section 6. All Laborers as of the signing of the
Newly hired laborers shall be Grade 7 during the probationary period and shall thereafter be classified as Grade 8.
ARTICLE
XI
HEALTH AND DENTAL INSURANCE
Section 1. The City is presently a participating agency under the two options of the New York State Government Employees Health Insurance Program available under Article IX of the Civil Service Law. The City shall continue to pay full cost of the premium for enrollment by an employee in either the individual or family plan in either of the two options pursuant to the law and regulations now in force or as hereafter amended.
The City and CSEA agree to reopen the issue of requiring employees to contribute towards health insurance premium increases if the City’s premiums increase over fifteen percent (15%) in any given year of the Contract.
Section 2. The City will purchase an M-1 GHI dental insurance plan, effective immediately upon the signing of this agreement. The City shall pay the full cost of the premium of the employee for enrollment in either an individual or family plan.
Section 3. The City may self insure health benefits in accordance with the explicit provisions of Section 4 of the Article.
Section 4. Notwithstanding the foregoing, the City has the right to discontinue participation in either or both such State Plans and to select a different health and/or dental insurance provider without negotiations, so long as benefits remain comparable.
Section 5. The benefits set forth above shall also be extended to any
employee and spouse who retire on or after
Section 6. In the event of the death of an employee who dies during
his/her employment with the City, and who has been employed by the City for at
least ten (10) years prior to his/her death, the eligible dependents of said
employee shall be entitled to a continuation of Health and
Section 7. In the event of the death of an employee who dies during
his/her employment with the City, and who has been employed by the City for a
period of more than five (5) years but less than (10) years prior to his/her
death, the eligible dependents of said employee shall be entitled to a
continuation of Health and
Section 8. In the event of an employee who dies after he/she has
retired from his/her employment with the City, and his/her effective date of
retirement was on or after January 1, 1994, the eligible dependents of said
retiree shall be entitled to a continuation of Health and
Section 9. Notwithstanding the foregoing, the eligible dependents of
Thomas J. Trainor, who died while on disability retirement on
DISABILITY INSURANCE
Section 1. Effective
Section 2. The insurance benefits provided by such plan shall not be activated/paid-out until an employee has fully exhausted his/her accrued sick leave entitlements.
ARTICLE XIII
VETERAN’S BENEFITS
Section 1. All personnel who have served in the Armed Forces of the
Section 2. Employees on regular appointment called to military service will be credited on their return with the same amount of sick leave allowance for the period of their military service as they would have been entitled if they remained in the City of Glen Cove service for that time.
RETIREMENT BENEFITS
Section 1. The City of
Section 2. Each employee shall have the right to purchase service credit for World War II military service for additional retirement credits.
Section 3. The City agrees to implement the 41J plan of the New York State Retirement System to provide that employees may apply up to 165 days of accumulated sick time towards retirement service credit.
PERSONNEL FILES
Section 1. Upon the employee’s request, he/she shall be permitted to examine his/her official employment personnel file.
Section 2. The Employee Benefits Representative or his/her designee shall reproduce, for the employee, any material in the file, if so requested by him/her.
Section 3. No material derogatory to an employee, his conduct, his service, his character or his personality shall be placed in the file unless the employee has had an opportunity to read the material. The employee shall affix his signature on the actual copy to be filed with the understanding that such signature merely signifies that he has read the material to be filed and it does not indicate agreement with its content.
Section 4. The employee shall have the right to answer any material filed; his answer shall be attached to the file copy.
OVERTIME
Section 1. For all Public Works personnel, overtime will be paid at the rate of time and one-half the employee’s usual pay for every hour worked over eight hours and for every hour worked on Saturday. Double Time shall be in effect on Sunday. The Director of Public Works shall receive straight time for any and all overtime worked.
Section 2. For those personnel assigned to sanitation, all garbage routes must be completed each day, even if overtime is involved. Personnel shall not be forced to work overtime; but are to notify their supervisor at the start of the day if they are not able to work overtime.
Section 3. For clerical and administrative personnel earning salaries of less than $15,000 annually, overtime at the rate of time and one-half the employee’s usual rate of pay shall be paid for every hour worked over seven hours in the workday and for any time worked on Saturday. Double time will be paid for Sunday work plus an additional half day off with pay.
Section 4. In the special situations concerning the individuals who are employees of City Boards which meet at night, overtime will be paid to those employees or they will be entitled to an amount of compensatory time off at one and one-half times for the time worked at night at the discretion of the employer.
Section 5.
Section 6. An employee who works overtime must accept pay for that time. Time off, instead of pay, may be given to all employees, but this option shall be the employer’s. If compensatory time is given, it shall be at the rate of time and one-half, with a minimum of three hours off for two hours overtime worked.
Section 7. There will be a minimum pay of two hours at the rate of time-and-one-half for all employees recalled to their respective jobs. This recall pay shall be after or prior to their normal starting times. Any employee who is ineligible to receive premium rate of pay for hours worked in excess of eight (8) hours per day shall receive compensation at his normal straight-time rates for such excess.
INJURIES ON THE JOB
Section 1. In the event that an employee is hurt on the job, he shall be entitled to use his accumulated sick days while recuperating.
Section 2. If his accumulated sick time is used up, he will be granted up to an additional fifteen working days off if it was an on-the-job-injury and his recuperation is not complete.
Section 3. If an individual has no sick time accumulated when he is injured on the job, he will be given fifteen working days to be used as sick time.
Section 4. The fifteen days used in each sentence in this paragraph
will be granted only to those who have been employed by
Section 5. After all sick leave benefits are exhausted, the Department Head may allow an employee to continue to use sick time by charging it against sick time to be earned in the future.
ARTICLE XVIII
SNOW REMOVAL
Employees working outside with snow
removal equipment are to receive a one-half hour rest period after every five
hours of work and $4.50 meal allowance after every four hours of overtime
worked. For example, if an employee
works from
CIVIL SERVICE EMPLOYEE ASSOCIATION
Section 1. Permission shall be granted for the use of City facilities for CSEA meeting which are scheduled in advance.
Section 2. CSEA department representatives may call a meeting of the CSEA members provided it does not interfere with work schedules. Assignments will be made for the time and place of the meetings through the proper department head.
Section 3. The CSEA assumes full responsibility for the disposition of
the funds deducted by
Section 4. Two (2) hours a day, three days per week shall be set aside during the workweek of the Union President or his designee, without loss of pay or benefits, so that the Union President or his designee can handle union business. The two hours per day shall be set aside at the end of the normal work day or at any other time mutually agreed upon. However, emergencies can be handled by the President as they arise.
In addition to the aforementioned union release time provision, the City shall make available to the union a suitable location from which the union officials can carry on their business, free of observation of management personnel.
Section 5. Officers of the CSEA or its authorized representative shall be entitled to attend its convention and authorized special meetings with no loss of time.
Section 6. AGENCY SHOP FEE – The Association shall have the following security:
A) Every employee who is a member of the Association on January 1, 2002, shall remain a member in good standing of the Association for the term of this agreement or pay the Association service fee as hereinafter set forth.
B) Every employee hired during the term of this agreement shall, no later than the first pay day immediately following the sixtieth (60th) day after the date of such hiring, either (1) become a member of the Association and remain a member in good standing of the Association for the term of this agreement, or (2) pay the Association service fee hereinafter set forth.
C) The Association service fee referred to herein is a fee equal to the bi-weekly dues of the Association to be paid to the Association by employees who do not choose to become members of the Association. Such amount shall be deducted from the employee’s bi-weekly pay check if he so authorizes, in writing, or shall be paid directly to the Association on each bi-weekly pay day.
Section 7. PAYROLL DEDUCTIONS
A. DUES – Upon presentation of an authorization, in writing and signed by an employee, and in form satisfactory to the Employer, the Employer agrees to deduct from the wages of such employee on each bi-weekly pay period, 1/26th of the annual dues prescribed by the Association and to forward the full amount of such deductions to the Civil Service Employees Association, Inc., 143 Washington Avenue, Albany, New York 12210.
B. LIFE AND SUPPLEMENTAL HEALTH INSURANCE – Upon presentation of an authorization in writing and signed by an employee, and in a form satisfactory to the employer, the employer agrees to deduct from the wages of such employee on each bi-weekly pay period, 1/26 of the annual cost of the employee’s life and/or supplemental health insurance forwarding same to Civil Service Employees Association, Inc., 143 Washington Avenue, Albany, New York 12210.
C. CREDIT UNION -- The parties agree that the City will make a request of the Nassau County Employees Federal Credit Union for enrollment of its employees covered by this agreement to become members of the Nassau County Employees Federal Credit Union. The City agrees that upon said employees gaining admittance into said credit union, it will make deductions from payroll of those employees who advise it in writing of their desire to do so. Said writing must contain specific instructions for the amount to be deducted and paid to the credit union. The City shall be obligated to make a deduction no more than once a month. The City will cease making deductions immediately upon being informed by the employee that he does not wish further deductions to be made.
Section 8. In the event of a layoff, the City agrees that the Officers
of the
ARTICLE XX
CSEA NOTICES
At least one bulletin board shall be reserved at an accessible place in each department for the exclusive use of the CSEA for the purpose of posting material dealing with CSEA business.
PROHIBITION OF STRIKES
The CSEA agrees that there will be no strikes, work stoppages or other concerted refusal to perform work by the employees covered by the agreement, and no member of the CSEA will participate in or instigate these. The Mayor and the City Council agree to bargain in good faith with the CSEA and to use no tactics which may be deemed as improper labor practices.
LEGISLATIVE APPROVAL LANGUAGE
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 providing the additional funds therefore, shall not become effective until the appropriate legislative body has given approval.
SUBCONTRACTING
Section 1. The City has entered into a contract for the operation and maintenance of its Incinerator and Waste Water Treatment Plant. The City will offer employment to up to five persons who may be affected as City jobs if the plants are abolished. The new employment may be at a lower title and pay. Further, job security is not guaranteed.
Section 2. A leave of absence without pay for up to one year will be
offered to employees excessed as a result of the contract. No leave of absence shall be granted to an
employee who has left his/her position with the City of
Section 3. The CSEA will not challenge the Operation and Maintenance contract in any forum for any reason, and will make no further claims to bargain in this connection.
Section 4. The City will utilize CSEA employees to maintain Morgan Park in 2002 and 2003, however, in 2004 the City shall have the option to put a contract for the maintenance of the Park out to bid for a private contractor to maintain the Park. In the event an outside contractor is awarded a contract to maintain the Park and commences to do so, but thereafter abandons the Contract or otherwise fails to perform under the Contract, the maintenance of Morgan Park shall be performed by the bargaining unit employees exclusively. CSEA agrees that seasonal workers can clean the bathrooms at Morgan Park on weekends.
DRUG AND ALCOHOL TESTING PROGRAM
Section 1. The CITY may require an employee to immediately submit to a
urine and/or blood test where there is reasonable, individualized suspicion of
improper drug or alcohol use. Upon
request, the CITY shall provide an employee who is ordered to submit to any
such test with a written statement of the basis for the CITY’s reasonable
suspicion within seventy-two (72) hours of the request. Prior to ordering any such testing, the CITY
shall provide the
Section 2. Notwithstanding the foregoing on the first occasion on which an employee is ordered to submit to such testing the employee may refuse to undergo same. In such event, the CITY shall have the right to require the employee to sign out and leave the premises. Such act shall constitute an absence for which the employee may utilize his/her accrued leave entitlements, if any.
Section 3. The CITY shall use either a hospital, or accredited testing lab, as chosen by the CITY for such testing. Additionally, the CITY shall be responsible for maintaining the identity and integrity of the sample. The passing of urine will not be directly witnessed unless there is reasonable suspicion to believe that the employee may tamper with the testing procedure. Any and all such witnessing shall be done by a party who is the same gender as the employee being tested. Any test showing a positive result will be confirmed by the gas chromatography/mass spectrometry (GC/MS) or any other similarly recognized method before any administrative action is commenced.
1. Upon request, the CITY shall provide an employee with a copy of any test results which the CITY receives with respect to such employee along with such other information as is required to assure the tests were properly conducted.
2. A portion of the test sample, if positive, shall be retained by the hospital/accredited testing lab for fourteen (14) days so that the employee may arrange for another confirmatory test (GC/MS) to be conducted by a laboratory and/or hospital certified by the State of New York to perform drug and/or alcohol testing of the employee’s choosing and at the City’s expense. The union will be advised of passed or failed tests to the extent that the releasing of such data is not inconsistent with Federal or State Laws regarding the privacy of said test or if the individual involved does not want this test released to the union.
Section 4. Use of illegal drugs or alcohol or abuse of prescribed drugs, at any time, or refusal to submit to such testing shall be cause for discipline, including termination, subject to the relevant grievance procedures set forth in Section 17 (L) of this Agreement. All issues relating to the drug and alcohol testing process (i.e., whether there is reasonable suspicion, whether a proper chain of custody has been maintained, et cetera) shall be subject to the grievance procedures of this agreement.
Section 5. While the “reasonable suspicion” standard does not lend itself to precise definition or mechanical application, vague or unparticularized or unspecified or rudimentary hunches or intuitive feelings do not meet the standard.
1. Reasonable suspicion is the quantum of knowledge sufficient to induce an ordinarily prudent and cautious person to act under the circumstances. Reasonable suspicion must be directed at a specified person and be based on specific and articulable facts and the logical inferences and deductions that can be drawn from those facts.
2. Reasonable suspicion may be based upon, among other matters: observable phenomena, such as direct observation of use and/or the physical symptoms of using or being under the influence of illegal controlled substances such as, but not limited to, slurred speech; disorientation; a pattern of abnormal conduct or erratic behavior; conduct or behavior which warrants employer inquiry because of a direct bearing of the mental faculties of the employee on the health and safety of others; action(s) inconsistent with normal conduct or behavior; or information provided either by reliable and credible sources or which is independently corroborated.
Section 6. This provision shall not impair the right of the CITY to
require medical and/or drug testing of employees as permitted or required by
State of
Section 7. Counseling services are available through the Employee Assistance Program to employees and their families upon request. Such services are confidential.
Section 8. The parties agree to re-open negotiations on expanding drug testing pool to possibly incorporate “safety sensitive” positions, not related to covered vehicles referenced in the Federal Highway Administration Rules and Regulations of the United States Department of Transportation.
The Drug and Alcohol Policy of the
City of
MISCELLANEOUS
Section 1. Where applicable, a copy of the City work rules will be given to affected employees when hired.
Section 2. An adequate lunch room will be provided for the CSEA employees working in City Hall.
Section 3. Prior to any Laborer driving, all regular M.E.O.’s are to be assigned first, the most senior Laborer to be asked first to drive any vehicle.
Section 4. In an emergency declared by the Mayor, work is determined to be “out-of-title” work by the Civil Service Commission, shall after the first ten days, be made the subject of an “award” by the Mayor of a money amount. The amount will be determined by computing the difference between an affected employee’s regular pay, and the pay the employee would have earned had the “out-of-title” work been a promotion.
ZIPPER CLAUSE
The City and CSEA, for the life of this agreement, each voluntarily and unqualifiedly agrees that the other shall not be obligated to negotiate collectively with respect to any subject or matter referred to, or covered in this agreement; or the impact of exercising any right hereunder; or with respect to any subject or matter not specifically referred to or covered in this agreement even though such subject or matter may not have been within the knowledge or contemplation of either or both of the parties at the time they negotiated or signed this agreement.