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Candor Highway Employees Contract 2010 - 2012Town of Candor Highway Employees Contract for the period covering January 1, 2010 through December 31, 2012 Agreement effective January 1, 2010 to December 31, 2012, by and between the Town of Candor, hereinafter called the Employer, and the Town of Candor Highway Employees Association, hereinafter called the Association. The following articles apply to all full time Highway Employees. The parties mutually agree as follows: Article I - Purpose and Intent The Employer agrees to administer its obligations under this agreement in a manner which shall be fair and impartial to all employees, and will not discriminate against any employee by reason of sex, nationality, race, creed or handicap. The Association agrees to perform its duties in accordance with the contract. Article II Governing This agreement shall be governed by the Public Employees' Fair Employer Act and all relevant provisions of other statutes and also all Local Laws and Resolutions of the Town which are not inconsistent with this agreement. Article Ill-Recognition, Rights and Duties Section 1: The Town recognizes the Town of Candor Highway Employees Association as the sole and exclusive representative for all employees of the Highway Department, for the purposes of this agreement, from January 1, 2010 through December 31, 2012. Section 2: The Association affirms that it will not strike against the Employer, assist or participate in any such strike, or impose an obligation upon its members to conduct, assist, or participate in such strike. 1. Temporary employees will be hired at a wage set by the Highway Superintendent. 2. Probationary Employees will be hired at the hourly wage rate listed in Article IV Section 1(b). Section 3: This agreement covers employees of the Highway Department only. Article IV - Classifications, Wages, Duties Section 1(a): The Highway Superintendent has control over hiring, firing and lay-off of employees of the Highway Department. This includes filling any unexpected vacancy in any position that occurs. Section 1(b): The classification of employees and respective hourly rates for the years covered by this contract.
After six months of service, beginning employees shall be paid the appropriate wage rate set forth in Section 1. Temporary employees shall not be entitled to the benefits listed under Articles V, VI, VII, and VIII. 1(c) Hiring - Classifications - Grading
Section 2: All employees shall perform the duties assigned by the Highway Superintendent, regardless of classification. Assignment of specific duties, inasmuch as possible, will be made on a seniority basis. Section 3: Wages shall be paid every two weeks on the Thursday following each two-week pay period. Section 4: The Superintendent may recommend an employee for a change to a higher classification. The Town Board shall make the final decision. Article V - Holidays Section 1: The following paid holidays shall be granted to all full time employees.
Section 2: When an employee is required to work on a holiday, he shall be entitled to time and one-half for the time so worked in addition to his regular pay for the holiday, except he shall be paid double time if he works Thanksgiving, Christmas, or New Year's Day. Article VI - Vacation and Sick Leave Section 1: Vacation: All employees shall be entitled to annual vacation, with pay, based on the completion of the following length of service as of January 1 of each year:
All employees with less than one year of continued service as of January 1 will not be entitled to vacation as listed in the chart above, but will be entitled to a pro-rated number of days of vacation on their 1st anniversary and thereafter based on the chart listed above.
Section 2: Sick leave: All employees shall earn one sick day of paid leave each month worked, for a total of twelve days per year with unlimited accumulation. It shall be the duty of the employee to notify the Highway Superintendent or his designated representative who may, at any reasonable hour, call at the employee's residence to investigate such illness. In event of absence by reason of illness for more than three consecutive days, the employee shall be required to furnish a physician's certificate of such illness and of his fitness to resume work before being permitted to return to his duties. Section 3: All employees must schedule vacation in advance and the request must be approved by the Highway Superintendent. The Highway Superintendent will approve all vacation times and only three employees will be off in anyone week for vacation except during large game hunting seasons. Any exceptions will be by approval of the Superintendent of Highways. Section 4: Employees will be allowed to carry up to 10 (ten) days of non-cumulative vacation. Any remaining unused vacation in balance will be forfeited by the employee. At no time shall an employee be allowed to have more than 30 (thirty) days of vacation on the books. Section 5: For the purpose of computing and measuring holiday, vacation and sick leave, the term "day shall mean eight working hours and the term "week" shall mean forty working hours. Vacation, sick, and personal time shall be tracked in hours or fractions thereof. Article VII - Pensions, Health Insurance and Eyeglass Replacement Section 1: The Town shall continue to participate in the New York Employees Retirement System, under the so-called 1/6Oth Non-contributory Retirement Plan as provided by Section 75-i of the Retirement and Social Security Law, retroactive to 1938, for Tier 1 and Tier 2 members. Tier 3 employees (those employees hired between July 27, 1976, and before September 1, 1983) are covered under Article 14 and/or 15 and Tier 4 employees (those hired on or after September 1, 1983) are covered under Article15 of the New York State Employees' Retirement System. Both of these plans are contributory. Effective June 1, 2004, upon retirement, an employee's accumulated unused sick leave may be counted as additional service credit, as per Sec. 41J of the New York State Retirement System. Section 2: Health Insurance: All employees shall be eligible for membership in the Blue Cross Blue Shield Central New York Region Wide Health Insurance, the Blue Cross Blue Shield Master Medical Plan with Prescription Plan which prescription plan shall require the employee to pay $5.00 per prescription for generic prescriptions and $15.00 per prescription for name brand prescriptions and $30.00 for Name brand drug that are new to the market. The health insurance carrier will determine which category prescriptions are assigned. Employees shall be eligible for the Prime Blue Dental Classes I & II. Town Highway Department employees who retire while employed by the Town Highway Department and have ten (10) years of uninterrupted service with the Town Highway Department at the time of their retirement, will be eligible to receive health insurance coverage after retirement. Note: M-122 from the December 23, 2003 Candor Town Board Meeting. All employees retiring on or after January 1, 2004 and are eligible for health insurance upon retiring will contribute to the Town for health insurance commensurate with rates of current employees. As of January 1, 1986 for insurance purposes, a family shall be defined as married, husband and wife, offspring from that marriage, or legally adopted children living in that household. The Town shall continue to pay the entire cost of the participation of employees in the Blue Cross Blue Shield of Central New York Region Wide Plan, except:
Section 3: Disability insurance for highway employees will be provided by the Town. The Town will assume full cost of the program. Section 4: The Town will reimburse employees covered by this agreement for the repair or replacement of eyeglasses damaged or destroyed in the line of duty. Claims for such reimbursement shall be filed in writing to the employee's foreman or the Town Highway Superintendent at the end of the employee's shift. The Town, upon submission of the written statement and a copy of the paid bill from the employee's provider, shall make reimbursement. The compensation will be 50% of the cost of the repair/replacement or $100.00 whichever is less. An employee is limited to one claim per calendar year. Section 5: Effective May 1,2004 any employee eligible for family health insurance coverage, upon proof of coverage through their spouse's employer, and who opts to decline coverage through the Town, will be compensated by the Town at a rate of $3,000 annually to be paid bi-weekly. Section 6: If the following employees are still actively employed by the Town Highway Department and still have a valid Class 3 CDL driver’s license, they will be eligible for reimbursement of $32.50 of the cost of the renewal of the driver’s license on the date listed below upon proof of renewal. Funds will be disbursed with the next regular cycle of checks.
Article VllI - Personal and Bereavement Leave Section 1: Each employee shall be entitled to a maximum of three days of personal leave for emergency situations, such as fire, accident, or illness affecting a member of the immediate family, provided that the Highway Superintendent or his designated representative approves, without deduction from salary or wages or from vacation, sick leave, or other allowance. Section 2: Each employee shall be entitled to three days bereavement leave, without deduction from wages or vacation, sick leave or other allowance. This leave shall be granted in the event of the death of a spouse, child, parent, sister, brother, or in-law of an employee. Article IX - Work Regulations Section 1: The normal working day will be set by the Highway Superintendent. One-half hour for lunch shall be included within this period. The Highway Superintendent has the power to set the work schedule of the employees. All employees must be willing to work when called in an emergency situation. Section 2:A fifteen minute break will be granted each employee during the morning hours, and also during the afternoon hours. The afternoon break shall be taken in the vehicle which the employee is using at the time, or by use of his own vehicle, or at the highway barn, as the situation may permit, or in lieu of such afternoon break, an employee may leave work fifteen minutes early with the permission of the Highway Superintendent. Section 3: An employee guilty of recurring tardiness will be docked one-half hour's wages for each one-half hour, or major fraction thereof, of such tardiness. Section 4: When called out to work at night or before scheduled hours, the employees will not be expected to carry their lunches. Section 5: Employees called back to duty after the end of a working day or on a Saturday, Sunday, or holiday, shall be paid for a minimum of four hours for each such extra day, at time and one-half. Section 6: A half-hour break will be granted each employee after four hours of continuous work, including extra duty hours as provided in Section 5. Section 7: All employees shall be required to use the safety equipment furnished by the Town. All employees must provide their own boots and gloves for bad weather conditions from their annual clothing allowance. Section 8: The regular work week shall be comprised of forty hours. Except during the period between April 1 and November 1 each year the regular working day shall be eight hours. For any hours worked in any day in excess of eight hours, an employee shall be entitled to compensation at a rate equal to one and one-half times his hourly rate. During the period April 1 through November 1 each year the Highway Superintendent may alter the work week to four (4) ten hour days. For any hours worked in excess of ten hours per day or any hours worked in excess of forty hours per week, an employee shall be compensated at a rate of one and one-half times his hourly rate. Section 9: Unauthorized use or misuse of Town equipment shall be deemed cause for dismissal, including scheduled lube and oil changes on assigned equipment. Section 10(a): The operator will list on a trouble sheet any and all problems he discovers with respect to the equipment. Section 10(b): The Highway Superintendent shall see that all equipment shall be maintained so as to be in safe condition. Section 10(c): Any unsafe equipment will be removed from service until the problems are corrected. Section 11: All permanent employees will receive an annual clothing allowance of Three Hundred Dollars ($300) paid quarterly. This allotment will be increased to Four Hundred Dollars ($400) beginning 1/1/2011. Section 12: All new employees will be required to:
Section 13: All employees will have a personnel file record in the Town Clerk's Office and maintained by the Superintendent of Highways. Included in this file will be:
Section 14: Violations of this contract will on:
Article X - Grievance Procedure The application of grievance arising under this agreement shall be in accordance with the Grievance Procedure annexed hereto and marked "Appendix A." Article XI - Legislative Approval 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 thereof shall not become effective until the Town Board has given approval. Article XII - Wage Increase Effective January 1, 2010 all present employees shall receive an increase in pay of $0.65 per hour for hours worked in 2010. Effective January 1, 2011 all present employees shall receive an increase in pay of $0.65 per hour for hours worked in 2011. Effective January 1, 2012 all present employees shall receive an increase in pay of $0.65 per hour for hours worked in 2012. Article XIII - Longevity Pay Effective January 1, 2007 employees will receive a pay increase of $.15 per hour on the anniversary of 10, 15, 20, 25, and 30 years of service. This is not retroactive. Previous ContractsTown of Candor Highway Employees Contract for the period covering January 1,2007 through December 31, 2009 Agreement effective January 1,2007 to December 31, 2009, by and between the Town of Candor, hereinafter called the Employer, and the Town of Candor Highway Employees Association, hereinafter called the Association. The following articles apply to all full time Highway Employees. The parties mutually agree as follows: Article I - Purpose and Intent The Employer agrees to administer its obligations Under this agreement in a manner which shall be fair and impartial to all employees, and will not discriminate against any employee by reason of sex, nationality, race, creed or handicap. The Association agrees to perform its duties in accordance with the contract. Article II Governing This agreement shall be governed by the Public Employees' Fair Employer Act and all relevant provisions of other statutes and also all Local Laws and Resolutions of the Town which are not inconsistent with this agreement. Article ill-Recognition, Rights and Duties Section 1. The Town recognizes the Town of Candor Highway Employees Association as the sole and exclusive representative for all employees of the Highway Department, for the purposes of this agreement, from January 1, 2007 through December 31, 2009. Section 2. The Association affirms that it will not strike against the Employer, assist or participate in any such strike, or impose an obligation upon its members to conduct, assist, or participate in such strike. Section 3. This agreement covers employees of the Highway Department only. Article IV - Classifications, Wages, Duties Section 1(a). The Highway Superintendent has control over hiring, firing and lay-off of employees of the Highway Department. This includes filling any unexpected vacancy in any position that occurs.
1(b). The classification of employees and respective hourly rates for the years covered by this contract.
After six months of service, beginning employees shall be paid the appropriate wage rate set forth in Section 1. Temporary employees shall not be entitled to the benefits listed under Articles V, VI, VII, and VIII. 1(c). Hiring - Classifications - Grading
Section 2. All employees shall perform the duties assigned by the Highway Superintendent, regardless of classification. Assignment of specific duties, inasmuch as possible, will be made on a seniority basis. Section 3. Wages shall be paid every two weeks on the Thursday following each two-week pay period. Section 4. The superintendent may recommend an employee for a change to a higher classification. The Town Board shall make the final decision. Article V - Holidays Section I. The following paid holidays shall be granted to all full time employees.
Section 2. When an employee is required to work on a holiday, he shall be entitled to time and one-half for the time so worked in addition to his regular pay for the holiday, except he shall be paid double time if he works Thanksgiving, Christmas, or New Year's Day. Article VI - Vacation and Sick Leave Section 1. Vacation: All employees shall be entitled to annual vacation, with pay, based on the completion of the following length of service as of January 1 of each year:
All employees with less than one year of continued service as of January 1 will not be entitled to vacation as listed in the chart above, but will be entitled to a pro-rated number of days of vacation on their 1st anniversary and thereafter based on the chart listed above.
Section 2. Sick leave: All employees shall earn one sick day of paid leave each month worked, for a total of twelve days per year with unlimited accumulation. It shall be the duty of the employee to notify the Highway Superintendent or his designated representative who may, at any reasonable hour, call at the employee's residence to investigate such illness. In event of absence by reason of illness for more than three consecutive days, the employee shall be required to furnish a physician's certificate of such illness and of his fitness to resume work before being permitted to return to his duties. Section 3. All employees must schedule vacation in advance and the request must be approved by the Highway Superintendent. The Highway Superintendent will approve all vacation times and only three employees will be off in anyone week for vacation except during large game hunting seasons. Any exceptions will be by approval of the Superintendent of Highways. Section 4. Employees will be allowed to carry up to lO (ten) days of non-cumulative vacation. Any remaining unused vacation in balance will be forfeited by the employee. At no time shall an employee be allowed to have more than 30 (thirty) days of vacation on the books. Section 5. For the purpose of computing and measuring holiday, vacation and sick leave, the term "day shall mean eight working hours and the term "week" shall mean forty working hours. Vacation, sick, and personal time shall be tracked in hours or fractions thereof. Article VII - Pensions, Health Insurance and Eyeglass Replacement Section 1. The Town shall continue to participate in the New York Employees Retirement System, under the so-called 1/6Oth Non-contributory Retirement Plan as provided by Section 75-i of the Retirement and Social Security Law, retroactive to 1938, for Tier 1 and Tier 2 members. Tier 3 employees (those employees hired between July 27, 1976, and before September 1, 1983) are covered under Article 14 andlor 15 and Tier 4 employees (those hired on or after September 1, 1983) are covered under Atricle 15 of the New York State Employees' Retirement System. Both of these plans are contributory. Effective June 1, 2004, upon retirement, an employee's accumulated unused sick leave may be counted as additional service credit, as per Sec. 41J of the New York State Retirement System. Section 2. Health Insurance: All employees shall be eligible for membership in the Blue Cross Blue Shield Central New York Region Wide Health Insurance, the Blue Cross Blue Shield Master Medical Plan with Prescription Plan which prescription plan shall require the employee to pay $5.00 per prescription for generic prescriptions and $15.00 per prescription for name brand prescriptions and $30.00 for Name brand drug that are new to the market. The health insurance carrier will determine which category prescriptions are assigned. Employees shall be eligible for the Prime Blue Dental Classes I & II. Town Highway Department employees who retire while employed by the Town Highway Department and have ten (10) years of uninterrupted service with the Town Highway Department at the time of their retirement, will be eligible to receive health insurance coverage after retirement. Note: M-122 from the December 23, 2003 Candor Town Board Meeting. All employees retiring on or after January 1, 2004 and are eligible for health insurance upon retiring will contribute to the Town for health insurance commensurate with rates of current employees. As of January 1, 1986 for insurance purposes, a family shall be defmed as married, husband and wife, offspring from that marriage, or legally adopted children living in that household. The Town shall continue to pay the entire cost of the participation of employees in the Blue Cross Blue Shield of Central New York Region Wide Plan, Except:
Section 3. Disability insurance for highway employees will be provided by the Town. The Town will assume full cost of the program. Section 4. The Town will reimburse employees covered by this agreement for the repair or replacement of eyeglasses damaged or destroyed in the line of duty. Claims for such reimbursement shall be filed in writing to the employee's foreman or the Town Highway Superintendent at the end of the employee's shift. The Town, upon submission of the written statement and a copy of the paid bill from the employee's provider, shall make reimbursement. The compensation will be 50% of the cost of the repair/replacement or $70.00 whichever is less. An employee is limited to one claim per calendar year. Section 5. Effective May 1,2004 any employee eligible for family health insurance coverage, upon proof of coverage through their spouse's employer, and who opts to decline coverage through the Town, will be compensated by the Town at a rate of $3,000 annually to be paid bi-weekly. Article VllI - Personal and Bereavement Leave Section 1. Each employee shall be entitled to a maximum of three days of personal leave for emergency situations, such as fire, accident, or illness affecting a member of the immediate family, provided that the Highway Superintendent or his designated representative approves, without deduction from salary or wages or from vacation, sick leave, or other allowance. Section 2. Each employee shall be entitled to three days bereavementlleave, without deduction from wages or vacation, sick leave or other allowance. This leave shall be granted in the event of the death of a spouse, child, parent, sister, brother, or in-law of an employee. Article IX - Work Regulations Section 1. The normal working day will be set by the Highway Superintendent. One-half hour for lunch shall be included within this period. The Highway Superintendent has the power to set the work schedule of the employees. All employees must be willing to work when called in an emergency situation. Section 2. A fifteen minute break will be granted each employee during the morning hours, and also during the afternoon hours. The afternoon break shall be taken in the vehicle which the employee is using at the time, or by use of his own vehicle, or at the highway barn, as the situation may permit, or in lieu of such afternoon break, an employee may leave work fifteen minutes early with the permission of the Highway Superintendent.Section 3. An employee guilty of recurring tardiness will be docked one-half hour's wages for each one-half hour, or major fraction thereof, of such tardiness. Section 4. When called out to work at night or before scheduled hours, the employees will not be expected to carry their lunches. Section 5. Employees called back to duty after the end of a working day or on a Saturday, Sunday, or holiday, shall be paid for a minimum of four hours for each such extra day, at time and one-half. Section 6. A half-hour break will be granted each employee after four hours of continuous work, including extra duty hours as provided in Section 5. Section 7. All employees shall be required to use the safety equipment furnished by the Town. All employees must provide their own boots and gloves for bad weather conditions from their annual clothing allowance. Section 8. The regular work week shall be comprised of forty hours. Except during the period between April 1 and November 1 each year the regular working day shall be eight hours. For any hours worked in any day in excess of eight hours, an employee shall be entitled to compensation at a rate equal to one and one-half times his hourly rate. During the period April 1 through November 1 each year the Highway Superintendent may alter the work week to four (4) ten hour days. For any hours worked in excess often hours per day or any hours worked in excess of forty hours per week, an employee shall be compensated at a rate of one and one-half times his hourly rate. Section 9. Unauthorized use or misuse of Town equipment shall be deemed cause for dismissal, including scheduled lube and oil changes on assigned equipment. Section 10(a). The operator will list on a trouble sheet any and all problems he discovers with respect to the equipment. lO(b). The Highway Superintendent shall see that all equipment shall be maintained so as to be in safe condition. lO(c). Any unsafe equipment will be removed from service until the problems are corrected. Section 11. All permanent employees will receive an annual clothing allowance of Three Hundred ($300) paid quarterly. Section 12. All new employees will be required to:
Section 13. All employees will have a personnel file record in the Town Clerk's Office and maintained by the Superintendent of Highways. Included in this file will be:
Section 14. Violations of this contract will on:
Article X - Grievance Procedure The application of grievance arising under this agreement shall be in accordance with the Grievance Procedure annexed hereto and marked "Appendix A." Article XI - Legislative Approval 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 thereof shall not become effective until the Town Board has given approval. Article XII - Wage Increase Effective January 1,2007 all present employees shall receive an increase in pay of $0.60 per hour for hours worked in 2007. Effective January 1,2008 all present employees shall receive an increase in pay of $0.60 per hour for hours worked in 2008. Effective January 1, 2009 all present employees shall receive an increase in pay of $0.60 per hour for hours worked in 2009. Article XIII - Longevity Pay Effective January 1,2007 employees will receive a pay increase of$.15 per hour on the anniversary of 10, 15, 20, 25, and 30 years of service. This is not retroactive. |