HomeMy WebLinkAboutBolton Point Agreement.pdf 017
The Southern Cayuga Lake Intermunicipal Water Commission
Of the Towns of Dryden, Ithaca, and Lansing and
The Villages of Cayuga Heights and Lansing
Resolution for Approval of Union Contract
February 3,2011
WHEREAS, the majority of the Southern Cayuga Lake Intermunicipal Water
Commission's (Commission) non-managerial employees in the Production and Distribution
Departments voted affirmatively on January 31, 2001 to be represented by the International
Union of Operating Engineers for the purposes of collective bargaining, and
WHEREAS, the Commission, in good faith, entered into contract negotiations with the
union for a renewed contract for the contract that expired on December 31, 2010, and
WHEREAS, on January 21, 2011, the Commission's negotiating team reached tentative
agreement on a contract with the union's negotiating team, and
WHEREAS, on January 26, 2011, the union's bargaining unit approved the tentative
contract, and
WHEREAS, the Commission's Personnel and Organization Committee reviewed and
approved the tentative contract at the January 26,2011 meeting of the Committee, and
WHEREAS, the Commission's Personnel and Organization Committee recommends
approval of the tentative contract by the Commission,
NOW, THEREFORE, BE IT
RESOLVED, that the Commission does hereby accept the recommendation of the Personnel and
Organization Committee and approves the tentative union contract,
AND BE IT FURTHER
RESOLVED, that the union contract will not be officially adopted until approved by the Town
and Village Boards of the Commission's member municipalities.
MOVED:
SECONDED:
017-1
SUMMARY OF
AGREEMENT
BETWEEN
SOUTHERN CAYUGA LAKE
INTERMUNICIPAL WATER COMMISSION
BOLTON POINT
AND
INTERNATIONAL UNION OF OPERATING
ENGINEERS
LOCAL 832 AFL-CIO
1/1/2011-12/31/2014
1
017-1
Summary of Contract Changes
2 ARTILCE XX-SAFETY GLASSES-(increase from $90)
Prescription ANSI safety glasses will be reimbursed for a total not to exceed $100.00,
and no more frequently than every two years, unless there is a prescription change.
3 ARTICLE XVH- CALL IN-(increase from one hour)
If an Employee is asked to come into work within two hours of the start of his/her shift,the
employee will receive two hour pay at straight time for the unscheduled early start and time
and one-half for the time worked on the early start. Thereafter, the employee is required to
remain on duty.
4.ARTICLE XXIV-WAGES
Employees covered under this contract will receive a 1.5 percent increase in their wages
the first year of the contract, a 1.75 percent increase in the second year of the contract,
and a 2.0 percent increase in the third year of the contract and a 2.0 percent increase in
the fourth year of the contract.
Wage Scale showing Hourly Rate for Employees at Job Rate and New Hires:
103.25% 101.50% 101.75%
2010 2011 2012
No I st yr. 2nd yr. No I st yr. 2nd yr. Job No 1 st yr. 2nd yr.
license WAic. W/lic. Job rate license W/lic. WAic. rate license WAic. w/lic. Job rate
0-1 yrs. 1-2 yrs. 2-3 yrs. >3 yrs. 0-1 yrs. 1-2 yrs. 2-3 yrs. >3 yrs. 0-1 yrs. 1-2 yrs. 2-3 yrs. >3 yrs.
WTPO $16.83 $ 18.12 $19.42 $20.13 $17.08 $18.39 $19.71 $20.43 $17.38 $18.71 $20.06 $20.79
18CM/0 $16.83 $18.12 $19.42 $20.13 $17.08 $18.39 $19.71 $20.43 $17.38 $18.71 $20.06 $20.79
DIST OPER $15.53 $16.76 $18.12 $18.92 $15.76 $17.01 $18.39 $19.20 $16.04 $17.31 $18.71 $19.54
102.00% 102.00%
2013 2014
No 1st yr. 2nd yr. Job No I st yr. 2nd yr.
license W/lic. W/lic. rate license WAic. wAic. Job rate
0-1 yrs. 1-2 yrs. 2-3 yrs. >3 yrs. 0-1 yrs. 1-2 yrs. 2-3 yrs. >3 yrs.
WTPO $17.73 $19.09 $20.46 $21.21 $18.08 $19.47 $20.87 $21.63
IBCM/O $17.73 $19.09 $20.46 $21.21 $18.08 $19.47 $20.87 $21.63
DIST
OPER $16.36 $17.66 $19.09 $19.93 $16.69 $18.01 $19.47 $20.33
Wa es for staff above Job Rate 2010 2011 2012 2013 2014
Hired in:
WTPO1990 $21.62 $21.94 $22.33 $22.77 $23.23
2
017-1
A) LONGEVITY (increase$10 each step remains stable for life of contract)
Longevity will be paid annually based on the following table for the length of the
contract.
Years of
Service Stipend
10-14 $350
15-19 $450
20-24 $550
>25 $650
5 ARTICLE XXVI- LEADPERSON COMPENSATION (changed to per hour rate
instead of quarterly stipend)
The Production and Distribution Departments' Lead-person will receive a $0.67 per hour
increase in their hourly wage for all hours worked for the life of the contract.
9 ARTICLE XVI- ON-CALL (added on call pay for mechanics during week)
Production's Instrument and Controls Mechanic/Operators(ICMO),and Distribution
Department employees are required to rotate being"on call"for weeknights,weekends and
holidays. During this time they must remain in radio or general telephone contact and be
able to respond to the plant or work site within one hour,fit for duty. Employees"On Call"
will be paid %z hour at time and one half for each eight(8)hour period of time. (i.e.: 4:00
pm Monday to 8:00 am Tuesday equals I hour at time and one half.) For each 24 hours of
on call time for a normal two-day weekend,employees will be paid one and one half(1'/z)
hours at time and one half. This provision is in addition to overtime pay for any hours
actually worked while"on call".
Distribution Department employees will be paid for being"on call" from 4:00 p.m.to 8:00
a.m. Monday through Thursday and 4:00 pm Friday through 8:00 am Monday.
The ICMO's will be paid for being"on call"from 4:00 p.m.to 12:00 am Monday through
Thursday and 4:00 pm Friday through 8:00 am Monday. ICMO's may still be called in
from 12:00 am to 8:00 am Monday through Friday for emergencies.
New Article: XXVHI—CELL PHONE REIMBURSEMENT (no change to practice)
Employees who have a cell phone which is used by the Commission for communication
purposes will be reimbursed twenty($20) dollars per month towards the cost of their cell
phone bill. The amount will be paid out quarterly and is a taxable benefit.
Cell phone use policy will be adhered to.No employee will be required to carry a
personal cell phone.
3
017-2
AGREEMENT BETWEEN
Southern Cayuga Lake Intermunicipal
Water Commission
And the
International Union of Operating
Engineers, Local 832S
JANUARY 1 , 2011 - DECEMBER 31 , 2014
1
ARTICLE I-PREAMBLE 3
ARTICLE II-RECOGNITION 4
ARTICLE III-COLLECTIVE BARGAINING UNIT 4
ARTICLE IV-MANAGEMENT RIGHTS 4-5
ARTICLE V-NEW TECHNOLOGIES/EOUIPMENT 6
ARTICLE VI-NO STRIKE GUARANTEE 6
ARTICLE VII-SENIORITY 7
ARTICLE VIII-UNION BUSINESS 8
ARTICLE IX-GRIEVANCE PROCEDURE 9
ARTICLE X-SEVERABILITY 11
ARTICLE XI-CONFLICT WITH INTERMUNICIPAL AGREEMENT 11
ARTICLE XII-COMPLETE AGREEMENT 11
ARTICLE XIII-APPROVAL OF AGREEMENT 11
ARTICLE XIV-OVERTIME 12
ARTICLE XV-SHIFT DIFFERENTIAL 12
ARTICLE XVI-ON-CALL 12
ARTICLE XVII-CALL IN 13
ARTICLE XVIII-COMPENSATORY TIME 13
ARTICLE XIX-UNIFORMS AND SAFETY SHOES 13
ARTICLE XX-SAFETY GLASSES 13
ARTICLE XXI-HOLIDAYS 13-14
ARTICLE XXII-VACATION 14
ARTICLE XXIII-DENTAL INSURANCE 14
ARTICLE XXIV-HEALTH INSURANCE 14-15
ARTICLE XXV-WAGES and LONGEVITY 16
ARTICLE XXVI-LEADPERSON COMPENSATION 17
ARTICLE XXVII-CELL PHONE REIMBURSEMENT 17
ARTICLE XXVIII- OTHER BENEFITS 17
ARTICLE XXIX-TERM OF AGREEMENT 18
2
AGREEMENT
This Agreement entered into this 3`d day of February,2011, by and between the Southern
Cayuga Lake Intermunicipal Water Commission, a municipal organization, hereinafter called the
"Employer", and the International Union of Operating Engineers, Local 8325, hereinafter called the
"Union".
WITNESSETH:
WHEREAS,the Employer and the Union, as parties to this Agreement,have consented to
entering into written contracts with respect to wages, rates of pay and other terns and conditions of
work, and
WHEREAS, it is the policy of the Employer to protect the public by assuring at all times the
orderly and uninterrupted operation of its facilities, and
WHEREAS, one method of effectuating these policies is by granting to its employees the
right of organization and representation, and
WHEREAS,the parties have reached certain understandings which they consent to confirm in
this Agreement,
NOW THEREFORE, in consideration of the following mutual covenants, it is hereby agreed
as follows:
ARTICLE I. PREAMBLE:
The Employer and the Union declare it to be their mutual policy that in order to promote
harmonious labor relations between the Employer and its employees, the principle of collective
negotiations is to be employed pursuant to the New York State Public Employee's Fair Employment
Act and that no Article or Section in this contract is to be construed to be in any violation of New
York State Civil Service Law. Both parties to this contract furthermore affirm that public
employment is to be regarded as a lifelong career and that as such, the terms conditions of
employment and working conditions shall be of the highest caliber. We furthermore, affirm that each
employee shall at all times be a dedicated,courteous and efficient representative of public
employment, realizing full well that he/she is under the constant scrutiny of the public at large,and
that he/she is performing an essential service for the benefit of the citizens of the community at large.
The Union pledges its full cooperation to the Employer for the purposes of implementing the
Employer's Affirmative Action Policy,providing this shall not affect any employee rights under Civil
Service Law or under the provisions of this Agreement.
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ARTICLE lI,RECOGNITION
Section 1. The Employer recognizes the Union as the sole and exclusive representative
for all the employees described in Article III for the purposes of collective bargaining and processing
of grievances for the periods and subject to the changes as provided in the Taylor Act.
Section 2. The Employer shall deduct from the wages of employees and remit to the
Union regular membership dues for those employees who signed authorizations permitting such
payroll deductions.
The Employer agrees to deduct from the wages of employees and remit to the Union
Voluntary Political Action Fund, a voluntary deduction specified by the employee, pursuant to a
properly executed check-off authorization form which has been mutually agreed to between the
Employer and the Union.
The Union shall indemnify and hold the Employer harmless against any and all claims, suits,
orders or other forms of liability that shall arise out of, or for reason of action taken by the Employer,
in reliance upon payroll deduction authorization cards submitted by the Union to the Employer.
ARTICLE III. COLLECTIVE BARGAINING UNIT
Job Titles: Water Treatment Plant Operator
Instruments and Controls Mechanic/Operator
Distribution Operator
ARTICLE IV. MANAGEMENT RIGHTS
Except as otherwise specifically provided in the Agreement,the Employer retains all of the rights,
functions, duties and responsibilities of management currently accorded it by law. These rights
include, by way of illustration but not limited to:
a. The determination of the mission,purpose, objectives,policies, and programs of the
Employer.
b. The determination of the size and qualifications of the work force, including the
allocation and assignment of work or workers; the content of job classifications; the
determination of policies affecting the selection and training of the employees and the
ultimate authority to hire, recall,transfer,promote, evaluate, lay off, suspend, demote
or dismiss employees, subject to applicable provisions of the Civil Service Law of the
State of New York;
c. The full and exclusive control of the management of the Employer; the supervision of
all operations; including the means, methods, manner, standards and processes by
which any and all work will be performed;
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d. The right to change existing, or introduce new equipment, operations, methods,
processes,means or facilities as determined to be in the best interest of the Employer;
e. The right to schedule operations, including the right to change work schedules. The
employer shall provide employees with as much advance notice as practicable for any
major, long-term or short-term change in work schedules. The employer reserves the
right to alter work schedules for, but not limited to,vacations,personal leaves, sick
leaves, holidays, and personal time taken by members of the bargaining unit;
f. The right to implement permanent,temporary or seasonal layoffs and/or the right to
implement work sharing schedules or work week reduction schedules as an attempt to
avoid layoffs in the event that insufficient work is available to support the full work
force in accordance with Article VI - Seniority;
g. The right to determine the nature, mix and extent of services, utilities and energy
resources to be produced, utilized, contracted for and/or purchased by the Employer;
h. The right to determine and enforce work rules, standards of personal behavior on the
job, qualitative and quantitative standards of performance and occupational health and
safety standards;
i. The right to alter past work customs,traditions, and practices;
j. The right to subcontract any and all work when and as deemed necessary by the
Employer;
k. The right to establish and enforce rules and procedures for discipline and discharge for
just cause.
Furthermore,the exercise or non-exercise of rights hereby retained by the Employer shall not be
deemed a waiver of any such right or prevent the Employer from exercising such rights in any way in
the future.
5
ARTI . ,R V.NEW TECHNOLOGIES/EOUIPMENT
Notwithstanding any other provisions of this agreement, Employer agrees that if Employer
implements new technologies, introduces new equipment,or enters into contracts relating solely to
operations performed by the members of the bargaining unit, and if any of such actions would have a
significant adverse effect upon the job security or job titles of employees in the bargaining unit,
Employer will make a reasonable effort to discuss same with the union prior to such implementation,
introduction, or contract execution. Such discussions shall be solely for the purpose of seeking the
union's input on the Employer's proposed actions and to identify the potential effects such actions
would have on the members of the bargaining unit. This clause, however, is in no way intended to
preclude Employer from proceeding with such proposed implementation, introduction, or contract
execution once Employer initiates discussion, even if the Employer and union are unable to agree on
steps, if any, to mitigate any significant adverse effects of such actions on the members of the
bargaining unit.
ARTICLE VI. NO STRIKE GUARANTEE
The Union affirms that under no circumstances shall the Union, its officials, its employees, its
affiliates,or its members, directly or indirectly cause, instigate,permit, support, encourage or
condone, nor shall any employee or employees, directly or indirectly,take part in any action against
or any interference with the operations of the Employer or any of the municipalities associated with
the Employer, such as a strike, work stoppage, sit-down, stay-in, slow-down, curtailment of work,
restriction of production, or any picketing,patrolling or demonstrations at any location where
operations of the Employer or operations of any municipality associated with the Employer are
conducted whatsoever during the term of this Agreement and as a continuing obligation beyond the
term of this Agreement.
In the event of any such action or interference, and on notice from the Employer,the Union
without delay shall take whatever affirmative action is necessary to prevent and bring about the
termination of such action or interference. Such affirmative action shall include the immediate
disavowal and refusal to recognize any such action or interference and the Union immediately shall
instruct any and all employees to cease their misconduct and inform them that their misconduct is a
violation of the Agreement subjecting them to disciplinary action, including discharge.
In addition the Union shall within twenty-four(24)hours of any such action or interference,
deliver the following notice to the Employer:
"To all employees of Southern Cayuga Lake Intermunicipal Water Commission represented by Local 832S,
International Union of Operating Engineers,AFL-CIO: Your are advised that the action against and interference
with the operations of the Southern Cayuga Lake Intermunicipal Water Commission which took place(date)is
unauthorized by the Union and in violation of the collective bargaining Agreement. You are directed to cease
this action and interference immediately."
An authorized official of the Union shall sign the notice.
Nothing herein shall preclude the Employer from seeking legal or other redress of any individual who
has caused damage to or loss of Employer property or from taking disciplinary action, including
discharge,against any employee. Any such disciplinary action taken shall not be reviewable through
the grievance and arbitration procedures, except for the fact question of whether the employee took
part in any such action or interference.
6
ARTICLE VII. SENIORITY
Seniority shall be defined as the length of continuous service with the Employer for the
purpose of shift preference,vacation selection, lay off and recall. Seniority in respect to shift
preference may be utilized only if a shift vacancy exists.
An employee shall lose seniority if the employee:
a. Resigns or quits.
b. Is discharged or terminated (unless reversed through the grievance, arbitration, or Civil
Service procedure).
c. Retires.
d. Does not return from layoff within three (3)working days after being notified, by certified or
registered mail or by telegram addressed to the employee at his last forwarding address filed
with the Employer, to return to work. An employee who moves must notify the Employer of
his change of address in writing within five (5)calendar days of such move.
e. Has been on layoff for a time equal to his seniority at the time of his layoff or twelve (12)
months, whichever is less.
f. Is absent from work or fails to return to work at the expiration of a leave of absence, vacation
or disciplinary layoff, for three (3)consecutive working days without notifying and receiving
approval from the General Manager or designee.
g. Is transferred or promoted into another position with the Employer, except such an employee
shall have the right to return to his/her former position (with no loss of seniority) for a period
of thirty (30)calendar days, provided such employee has not been discharged from his/her
position in that department for misconduct.
h. The employee fails to return to employment at the Employer within one year following the
expiration of Short-Term Disability Leave.
i. An employee on a continuous absence from work due to a work-related injury or illness who
fails to return to work within one year of a determination by a physician that the employee is
permanently disabled or if the employee fails to return to work within thirty (30)months
following an absence due to work-related injury or illness.
Bargaining unit employees who are promoted to supervisory positions with the Employer shall be
eligible to return to the bargaining unit within three (3) months from the date of promotion, provided
such employee has not been discharged for misconduct.
7
ARTICLE VIII. UNION BUSINESS
Section 1. The Union shall designate no more than two bargaining unit employees as the
duly authorized shop stewards who shall be the representatives of the Union for all matters related to
this Agreement. Without limiting the foregoing, such designated shop stewards shall be the
representatives of the Union for purposes of(i) communications between the Union and the
Employer, and (ii) investigation, negotiating and pursuing grievances under this Agreement. The
Union shall give written notice to the Employer of the names of such shop stewards. When there are
references to the shop steward in this Agreement,the references mean the duly authorized shop
stewards so designated by the Union and no other shop stewards. The shop stewards will be provided
the following time off from his/her assigned schedule of work, without loss of pay, for the purpose of
adjusting grievances or assisting in the administration of this Agreement in meetings with
management:
a. One hour to investigate prior to a Step 1 grievance hearing.
b. One-half hour to meet prior to a Step 2 grievance hearing and subsequent Steps.
c. All time in a grievance meeting with management.
Only one of the shop stewards will investigate and represent an employee in grievance
hearings and meetings for any individual grievance.
Section 2. Representatives of the Union shall have reasonable access to the facility, upon
prior approval of the Employer, for the purposes of conferring with the Employer,the shop steward
and/or bargaining unit employees and for the purpose of administering the terms of this Agreement.
Requests for approval will not be unreasonably denied by the Employer. Denial of a request received
by the Employer less than three business days before the date of requested access shall not be an
unreasonable denial.
Section 3. The Union shall be provided a bulletin board,to be located in a reasonably
public location selected by the Employer, not exceeding nine square feet in size, for the posting of
notices or other information for the bargaining unit employees, related to Union business. No
inappropriate communications (as determined by the Employer's General Manager)which would
reflect adversely on the reputation of the Employer or which could constitute harassment of other
employees shall be placed on such bulletin board.
Section 4. Except for actual time in a grievance hearing or meeting with a representative
of the Employer, employee business with the Union shall be conducted during non-duty hours.
Except for use of the bulletin board set forth above, no Employer facilities, including telephones,
computers, and copy machines, shall be used for Union business except as follows:
Employees may occasionally use the Commission's equipment on their own time,however,the following
rules apply.
1. All work performed and time scheduled must first be approved by the appropriate Department
Head.
2. Work must be performed outside normal hours(the lunch period may be used).
I Equipment may be used,but not materials(paper and computer supplies,etc.).
4. Copiers may be used,but copies must be paid for at the public charged rate of$0.25. Flexibility
is allowed for 1 or 2 occasional copies.
8
ARTICLE IX. GRIEVANCE PROCEDURE
Section 1. As used in this Article, a grievance shall mean any claim or controversy arising
out of and during the term of this Agreement relating to the interpretation, application, or breach of
the provisions of this agreement. When any such grievance arises,the procedures set forth in Section
2 shall be observed.
Section 2.
Step I -An aggrieved employee and/or a Union officer or shop steward shall notify the
aggrieved employee's immediate supervisor within five days from the date on which the cause of the
complaint occurred or from the date the employee had reason to know of its occurrence. The
supervisor will arrange to meet with the employee and his/her shop steward promptly to discuss the
grievance. The supervisor will provide an answer to the employee within five working days
following the Step 1 meeting.
Step 2- If a satisfactory settlement is not reached in Step 1,the grievance may be appealed, in
writing,to the General Manager or his/her designee provided it is appealed within seven working
days following the Step 1 decision. The grievance shall be dated and signed by the grievant and the
shop steward and shall set forth the nature of the grievance including contract provisions allegedly
violated, facts and pertinent dates, and the remedies desired. The General Manager or designee will
arrange for and will meet with the grievant and the shop steward within seven working days
following receipt of the written grievance. A written answer will be provided within five working
days following the Step 2 meeting.
Step 3 - If the employee does not receive a satisfactory answer in Step 2,the Union may
appeal the grievance, in writing,to the Chair of the Employer's Personnel Committee, or designee,
provided it is appealed within five working days following the date of receipt of the Step 2 decision.
The Chair of the Employer's Personnel Committee, or designee, will arrange to meet with the
grievant, his/her shop steward and the Union representative, within five working days of receipt of
the written grievance from the Union. A written answer will be provided within seven working days
following the Step 3 meeting.
9
Step 4-In the event the grievance is not resolved, the Union may appeal the grievance to
arbitration in accordance with the procedures of the Federal Mediation and Conciliation Service,
within ten working days following receipt of the Step 3 decision. FMCS shall be petitioned to
provide a panel of seven arbitrators, from which the Employer and the Union will alternately strike
names until one remains, within fourteen working days of receipt of the list.
a). It is understood by the parties that the cost of the arbitration shall be borne equally by
the parties.
b). The findings, conclusions and recommendations of the arbitrator shall be final,
conclusive and binding upon all parties.
c). The arbitrator shall have jurisdiction only over disputes arising out of grievances as
defined in Section 1, of this Article, and shall have no power to add to, subtract from,
or modify in any way the terms of this collective bargaining agreement.
d). The arbitrator's decision shall be rendered in accordance with the time limits of the
FMCS.
Section 3. Every employee shall have the right to present his/her grievance free from
interference, coercion, restraint, discrimination or reprisal by either the Employer or the Union and
shall have the right to representation by his/her shop steward or Union representative.
Section 4. Any disposition of a grievance from which no appeal is taken within the time
limits specified shall be deemed resolved in accordance with the decision at the step from which an
appeal could have been taken and shall not thereafter be considered subject to the grievance and
arbitration procedure.
Section 5. Failure on the part of the Employer to answer within the time limits specified
will advance the grievance to the next step.
Section 6. The Union shall have the right to submit class action grievances,to be
presented initially at Step 2, within the time limits specified in Step 1.
Section 7. The submission by an Employee of any grievance pursuant to this Agreement
of a matter that could also be subject to the New York State Civil Service Law provisions regarding
discipline shall be accompanied by a document, signed by the Employee, pursuant to which the
Employee waives his right to a hearing under the Civil Service Law and agrees to accept the final
decision under this grievance procedure as final and binding, and not subject to further Civil Service
Law proceedings. Conversely, if an Employee has sought a hearing under the Civil Service Law,
the Employee and Union agree that the decision in the Civil Service Law proceeding shall be final
and in lieu of any grievance proceedings pursuant to this Agreement.
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ARTICLE X. SEVERABILITY
It is not the intent of either party hereto to violate any laws or rulings or regulations of any
Governmental authority or agency having jurisdiction of the subject matter of this Agreement, and
the parties hereto agree that in the event any provisions of this Agreement are held or constituted to
be void as being in contravention of any such laws, rulings or regulations, nevertheless,the remainder
of the Agreement shall remain in full force and effect, unless the parts so found to be void are wholly
inseparable from the remaining portion of the Agreement.
ARTICLE XI. CONFLICT WITH INTERMUNICIPAL AGREEMENT
The Union acknowledges that it knows the Employer is a Commission created by virtue of an
intermunicipal agreement(the "Intermunicipal Agreement") between the Towns of Dryden, Ithaca,
and Lansing, and the Villages of Cayuga Heights and Lansing, acting on their own behalf and on
behalf of certain water districts located within the boundaries of certain of such Towns. The Union
also acknowledges that the Employer's authority to act and to agree is limited to the authority granted
by the terms of the Intermunicipal Agreement. Accordingly,the Union and Employer agree that in
the event any provision of this Agreement is in conflict with, or in excess of any authority granted to
the Employer by,the Intermunicipal Agreement, such provision shall be deemed null and void and
unenforceable by the Union against the Employer or any of its constituent municipalities.
ARTICL.F. XH. COMPLETE AGREEMENT
The parties agree that each has had unlimited right to present proposals and counterproposals
concerning wages, hours and other terms and conditions of work,the results of which are set forth in
this Agreement.
This document constitutes the entire Agreement between the parties and no verbal statement
or other agreement in whatever form, except an amendment to this Agreement in writing annexed
hereto and specifically designated as an amendment, shall supersede or vary any of the provisions of
this Agreement.
ARTICLE. XIIL APPROVAL OF AGREEMENT
This Agreement shall not be binding upon the Employer until it is approved by the governing
bodies of the Towns of Dryden, Ithaca and Lansing and the Villages of Cayuga Heights and Lansing.
Employer agrees to notify the Union of the decision of each of such bodies within one week of the
vote on same.
The following agreement is included pursuant to Civil Service Law Section 204-a:
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.
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ARTICLE XIV. OVERTIME
Hours an employee works in excess of 40 per week. The Fair Labor Standards Act of 1938 requires that
overtime pay must be paid at a rate of not less than one and one-half times the non-exempt employee's regular
rate of pay for each hour worked in excess of 40 hours per week. Overtime is calculated on a weekly basis
and not a bi-weekly pay period. Employee fringes used to make up a 40-hour week will he included in the
calculation of overtime pay.
Distribution Employees will be paid time and one-half for all hours worked over 8 hours in one day. All
employees must use paid time off fringes prior to going un-paid for time off.
Distribution Employees will be granted first shift overtime for hours worked while performing 20%audits.
ARTICLE XV. SHIFT DIFFERENTIAL
Production and Distribution Department employees working 4:00 pm to midnight(2"d Shift),will be paid
at an increase of$1.10 per hour,and working midnight to 8:00 am(3`d Shift),will be paid at an increase
of$1.65 per hour.
An employee who works overtime hours as an extension of their scheduled shift, either at the
beginning or end of the shift, and the overtime hours are an extension to a shift hour that qualifies for
a shift differential, shall have the applicable shift differential folded into their existing base hourly
rate for the calculation of the overtime rate for those hours.
ARTICLE XVI. ON-CALL
Production's Instrument and Controls Mechanic/Operators(ICMO),and Distribution Department
employees are required to rotate being"on call"for weeknights,weekends and holidays. During this
time they must remain in radio or general telephone contact and be able to respond to the plant or work
site within one hour,fit for duty. Employees"On Call"will be paid %hour at time and one half for each
eight(8)hour period of time. (i.e.: 4:00 pm Monday to 8:00 am Tuesday equals 1 hour at time and one
half.) For each 24 hours of on call time for a normal two-day weekend,employees will be paid one and
one half(I%z)hours at time and one half. This provision is in addition to overtime pay for any hours
actually worked while"on call".
Distribution Department employees will be paid for being"on call"from 4:00 p.m.to 8:00 a.m.Monday
through Thursday and 4:00 pm Friday through 8:00 am Monday.
The ICMO's will be paid for being"on call"from 4:00 p.m.to 12:00 am Monday through Thursday and
4:00 pm Friday through 8:00 am Monday. ICMO's may still be called in from 12:00 am to 8:00 am
Monday through Friday for emergencies.
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ARTICLE XVII. CALL IN
Employees who are called in to work are guaranteed a minimum of four(4)hours work call-in pay at a rate of
time and one half. If an Employee is asked to come into work within two hours of the start of his/her shift,
the employee will receive two(2)hours pay at straight time for the unscheduled early start at time and one-
half for the time worked on the early start. Thereafter,the employee is required to remain on duty.
ARTICLE XVIII. COMPENSATORY TIME
At the option of the employee,time off may be taken in lieu of monetary overtime compensation
provided that the employee has prior Department Manager approval. This is extended to employees who
are non-exempt under Section 207 of the Fair Labor Standards Act(FLSA). Employees will earn
compensatory time at straight time from 37 %:to 40 hours per week. Employees will earn compensatory
time at time and one half for all hours over 40 in a week. Compensatory time will accrue up to a limit of
40 hours. Vacation, Sick, and Personal time can not be used to earn compensatory time. Employees
must sign an employer prepared written agreement to accept compensatory time at time and one half in
place of overtime pay.
ARTICLE XTX. UNIFORMS AND SAFETY SHOES
Distribution employees are required to wear uniform style clothing during all working hours and
Production employees have the option of wearing uniform style clothing. Production employees that
elect to wear uniform style clothing are required to wear the uniform style clothing during all working
hours. Distribution and Production employees must wear OSHA approved steel-toed safety shoes while
on duty. For Distribution employees,and for Production employees that wear uniform style clothing,the
Commission will provide reimbursement for uniforms and safety shoes up to a maximum of$250.00 per
year. For Production employees that do not wear uniform style clothing,the Commission will provide
reimbursement for safety shoes up to a maximum of$100.00 per year. Uniforms will display an
employee's first name and identify him/her as a Commission employee;the cost of the name and logo
will be absorbed by the Commission.
ARTICLE XX. SAFETY GLASSES
Prescription ANSI safety glasses will be reimbursed for a total not to exceed$100.00 and no more
frequently than every two years,unless there is a prescription change.
ARTICLE XXI. HOLIDAYS
New Year's Day- January 1 st
Martin Luther King JR's Birthday- Third Monday in January
President's Day- Third Monday in February
Memorial Day- Last Monday in May
Independence Day- July 4th
Labor Day- First Monday in September
Columbus Day- Second Monday in October
Veterans'Day- November 1 Ith
Thanksgiving Day- Fourth Thursday in November
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Day after Thanksgiving- Fourth Friday in November
Christmas Day- December 25th
Floating Holiday- new date specified each year by vote of all Commission staff
Employees who work on a Holiday (except the floating holiday) as part of their regular shift will
receive pay at a rate of time and one half for the hours worked on said holidays and holiday pay at
straight time for the hours worked on said holiday. Employees who work on the floating holiday as
part of their regular shift will be paid straight time for hours worked on those holidays and a moved
holiday. Employees may take a moved holiday on a day of their discretion provided that it is
consistent with the operational needs of the employer and approved by the employee's Department
Manager.
ARTICLE XXH. VACATION
Employees will be granted vacation according to the following schedules:
less than 5 years 10 days
5—9 years 15 days
10 years 16 days
I 1 years 17 days
12 years 18 days
13 years 19 days
14 years plus 20 days
VACATION SCHEDULE(For SCLIWC employees hired arior to January 1 1993):
1 through 5 years 10 days
6 through 9 years 15 days
10 or more years 20 days
Vacations must be consistent with the operational needs of the department and approved by
the Department Manager.
Vacation Buy Back:
Employees are allowed to sell back up to 40 hours of accumulated vacation time in December
of each year this contract is in effect provided that the employee has taken at least one week of
vacation in the preceding twelve months.
ARTICLE XXITL DENTAL INSURANCE
Dental insurance is offered to all employees,but not including short-term temporary employees. All
employees opting for dental insurance shall pay 100%of the family or individual premiums.
ARTICL.F.XXTV. HEALTH INSURANCE
Health insurance coverage is offered to all employees. Employees covered by this agreement shall
receive the same Health Insurance benefits as non-covered,hourly employees in accordance with the
policy then in effect as the same may be increased, altered, or reduced by the Commission with
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respect to other non-covered, hourly employees. If the employer changes the policy regarding Health
Insurance benefits for non-covered, full time, hourly employees, the employer will notify the union
and will meet with the union prior to implementation.
Health Insurance Buy Back:
Employees who elect not to take heath insurance through the employer shall receive 50%of the
employer's annual contribution for an individual policy provided that the employee provides proof to
the employer that the employee is covered by another health insurance plan which provides health
insurance coverage for the employee equal to or better than the coverage of the health insurance plan
being offered by the employer at that time.
Retirees Health Insurance Benefit:
1.Eligibility: To be eligible for health insurance,the retiree must have retired from the SCLIWC and be
receiving retirement benefits from the New York State and Local Retirement System. If the retiree does
not fulfill the previous qualifications,but wishes health coverage through the group,he/she may do so by
paying 100%of the premium.
2. Use of Sick Time: If a retiree has an accrued "sick time"balance, (not to exceed 960 hours),and
wishes to continue health insurance coverage,they may do so. The sick balance will be computed to a
dollar amount by multiplying the sick balance by the retiree's hourly wage at the time of retirement. The
coverage paid by the sick balance will be for an individual policy ONLY. A percentage,based on years
of service,of the premium will be deducted from the retirees' "sick time"balance until it is depleted.
YEARS OF SERViCERETIREE'S PORTION COMMISSION'S PORTION
AT RETIREMENT OF PREMIUMS OF PREMIUMS
30 AND OVER 25% 75%
25—29 50% 50%
15-24 65% 35%
5-14 80% 20%
LESS THAN 5 100% 0%
Employee's Survivors Health Insurance Benefit:
In the event of the death of an employee who had at least 5 years of service,the decedent employee's
dependents (spouse/partner and eligible children) can remain on the Commission's health insurance
by paying 100%of the insurance premium. Coverage can continue until the dependent has obtained
health insurance coverage eligibility through another employer, through Medicare, or no longer meets
the insurance plan's eligibility requirements, i.e:, over the age of 19 and not a full time student. The
survivor(s) must choose to continue the coverage by completing the appropriate insurance change
form(s), or sign a waiver of coverage if they do not elect to continue coverage.
The Commission reserves the right to allow the employee's dependents to spend down the sick time
balance by paying for the dependents' health insurance. The premiums would be paid for 100%from
this sick time balance until it is depleted. Premiums paid by the decedent employee's dependents
must be paid to the Commission each month to insure coverage. Payments overdue by 60 days will
result in termination of coverage. The Commission will review the benefit of offering continued
coverage of health insurance to survivor(s), beyond that required by law, every three years.
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ARTICLE XXV, WAGES
Employees covered under this contract will receive a 1.5 percent increase in their wages the first year
of the contract, a 1.75 percent increase in the second year of the contract, a 2.0 percent increase in the
third year of the contract; and a 2.0 percent increase in the fourth year of the contract.
Wage Scale showing Hourly Rate for Employees at Job Rate and New Hires:
103.25% 101.50% 101.75%
2010 2011 2012
No Ist yr. 2nd yr. No Ist yr. 2nd yr. Job No Ist yr. 2nd yr.
license wflic. w/lic. Job rate license wflic. wflic. rate license wflic. wflic. Job rate
0-1 yrs. 1-2 ym 2-3 yrs. >3 yrs. 0-1 yrs. 1-2 yrs. 2-3 yrs. >3 yrs. 0-1 ym 1-2 yrs. 2-3 yrs. >3 yrs.
WTPO $16.83 $ 18.12 $19.42 $20.13 $17.08 $18.39 $19.71 $20.43 $17.38 $18.71 $20.06 $20.79
I&CM/0 $16.83 $18.12 $19.42 $20.13 $17.08 $18.39 $19.71 $20.43 $17.38 $18.71 $20.06 $20.79
DIST OPER $15.53 $16.76 $18.12 $18.92 $15.76 $17.01 $18.39 $19.20 $16.04 $17.31 $18.71 $19.54
102.00% 102.00%
2013 2014
No Ist yr. 2nd yr. Job No Ist yr. 2nd yr.
license wflic. wflic. rate license wflic, wflic. Job rate
0-I yrs. 1-2 yrs. 2-3 yrs. >3 yrs. 0-1 yrs. 1-2 yrs. 2-3 yrs. >3 yrs.
WTPO $17.73 $19.09 $20.46 $21.21 $18.08 $19.47 $20.87 $21.63
I&CM/O $17.73 $19.09 $20.46 $21.21 $18.08 $19.47 $20.87 $21.63
DIST
OPER $16.36 $17.66 $19.09 $19.93 $16.69 $18.01 $19.47 $20.33
Waries for staff above Job Rate 2010 2011 2012 2013 2014
Hired in:
WTPO 1990 $21.82 $21.94 $22.33 $22.77 $23.23
1. Longevity
Longevity payments are paid annually based on the following table for the length of the contract.
Years of
Service Stipend
10-14 $350
15-19 $450
20-24 $550
>25 $650
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ARTICLE XXVI, LEADPERSON COMPENSATION
The Production and Distribution Departments' Lead-person will receive a $0.67 per hour increase in
their hourly wage for all hours worked for the life of the contract.
ARTICLE.XXVII. CELL PHONE REIMBURSEMENT
Employees who have a cell phone which is used by the Commission for communication purposes will
be reimbursed twenty ($20) dollars per month towards the cost of their cell phone bill. The amount
will be paid out quarterly and is a taxable benefit.
Cell phone use policy will be adhered to.No employee will be required to carry a personal cell
phone.
ARTICLE.XXVIII, OTHER BENEFITS
Employees covered by this agreement shall receive the same Sick Leave, Personal Time,
Bereavement Leave, Military Leave, Leave of Absence, Jury Duty, Short-term Disability, Long-term
Disability, Group Life Insurance and Flexible Spending Plan benefits as non-covered, full time,
hourly employees in accordance with the policies then in effect as the same may be increased,
altered, or reduced by the Commission with respect to other non-covered, full time,hourly
employees. If the employer changes any benefit for non-covered, full time, hourly employees,the
employer will notify the union and will meet with the union prior to implementation.
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ARTICLE XXIX. TERM OF AGREEMENT
This Agreement shall be effective as of the I'day of January 2011 and shall remain in full
force and effect until the 31"day of December 2014. It shall be automatically renewed from year to
year thereafter unless either party shall notify the other in writing, at least 120 days prior to the
expiration date that it desires to modify the Agreement.
In witness thereof, the parties hereto have caused this Agreement to be executed by their duly
authorized representatives.
Date: Date:
Southern Cayuga Lake Intermunicipal International Union of Operating
Water Commission Engineers, Local 832S,AFL-CIO
Stephen C. Lipinski Joseph Agnello
Commissioner, Town of Dryden Business Representative
Herbert Engman Peter Middaugh
Supervisor, Town of Ithaca Shop Steward
Paul F. Tunison James Bower
General Manager Shop Steward
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