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Special Patrolman Benevolent Association
 

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Parkchester North Condo Contract

Agreement

 

 

 

 

 

 

              This Agreement, made and entered as of the _____day of _____, 2005 by and between PARKCHESTER NORTH CONDOMINIUM, 1970 East Tremont Avenue, Bronx, New York 10462, hereinafter called the "Employer",  and the SPECIAL PATROLMAN=S BENEVOLENT ASSOCIATION, LOCAL 1, hereinafter called the "UNION."

 

 

ARTICLE I - COVERAGE OF AGREEMENT

 

                      This Agreement shall apply only to Special Patrol Officers, Security Guards as defined in this Agreement, and Dispatchers employed in the Security Department by the Employer in the County of Bronx, New York, excluding the Chief, Lieutenants and Sergeants on the Patrol Staff and all other supervisors as defined in the National Labor Relations Act.

 

 

ARTICLE II - UNION RECOGNITION

 

                      The Employer recognizes the Union as the exclusive collective bargaining representative of the employees covered by this Agreement, for the purpose of collective bargaining.

 

 

ARTICLE III - UNION SECURITY

 

                        It shall be a condition of employment that all employees of the Employer covered by this Agreement who are members of the Union in good standing on the effective date of this Agreement shall remain members in good standing and those who are not members on the effective date of this Agreement shall, on the thirtieth day following the effective date of this Agreement become and remain members in good standing in the Union. It shall also be a condition of employment for all employees covered by this Agreement and hired on or after its effective date shall, on the thirtieth day following the beginning of such employment become and remain members in good standing in the Union. An employee shall be considered a member of the Union in good standing if she/he tenders periodic dues and initiation fees uniformly required as a condition of membership.

 

                      Upon receipt by the Employer of a letter from the Union's President requesting any employee's discharge because he has not met the requirements of this Article, unless the Employer questions the propriety of so doing, said employee shall be discharged within fifteen (15) days of said notice if prior thereto he does not take proper steps to meet said requirements.

 

                      The Union will hold the Employer harmless from any liability arising from a discharge requested by the Union pursuant to this Article.

 

 

ARTICLE IV - DEDUCTION OF UNION DUES

 

                      The Employer and the Union agree that with respect to each employee who has authorized or may authorize the Employer to do so, the Employer after the effective date of this Agreement will deduct from the weekly wages due the employee following the receipt by the Employer from the Union of such authorization signed by the employee and provided such authorization is received at least two (2) weeks prior to the first weekly pay day, while the employee is actively employed and is receiving regular weekly pay and during the period specified in such authorization, weekly Union dues, and assessments in the amount specified by the Union, and will remit same to the Union within ten (10) days from the beginning of the month following the month the dues were deducted. Initiation Fees shall be deducted on a weekly basis until paid for new members of the Union, in accordance with the schedule supplied to the Employer by the Union.

 

                      Any employee desiring such deduction be made from his compensation shall sign a written assignment in the form agreed upon between the Employer and the Union and the Union shall file same with the Employer.

 

                      The Union agrees to save the Employer harmless and to indemnify it against any and all demands, claims, law suits or any other form or forms of liability that shall arise out of or by reason of any and all action taken by the Employer in accordance with the provisions of the individual authorization submitted to it by the employee or employees under the provisions of this Article.

 

 

ARTICLE V - SHOP STEWARDS

 

                      The Employer recognizes the right of the Union to designate one shop steward and one alternate whose authority shall be limited to, and shall not exceed, the following:

 

                      1. Investigation and presentation of grievances in accordance with the provisions of this agreement.

 

                      2. Transmission of such messages or information originated and authorized by the Local Union or its officers, provided such messages or information have been reduced to a writing or are of a routine nature and do not involve work stoppages, slow-downs or any other interference with the Employers business.

 

                      3. A shop steward or alternate shall have no authority to take strike action, or any other action interrupting the Employer's business. The Employer recognizes these limitations upon the authority of the shop steward or alternate, and shall not hold the Union liable for any unauthorized acts.  The Employer shall, however, have the right to impose proper discipline including discharge, in the event a shop steward or alternate has taken unauthorized strike action, slow-down or work stoppage in violation of this agreement.

 

                      4. Stewards shall be permitted reasonable time to properly investigate, present and process grievances on or off the property of the Employer, without loss of time or pay.

 

                      5. Union officials shall be permitted time when subpoenaed to the National Labor Relations Board to give affidavits and/or to attend hearings, without loss of time or pay.

 

 

ARTICLE VI - INSPECTION PRIVILEGES

 

                      Authorized agents of the Union shall have reasonable access to the Employer's property during working hours for the purpose of adjusting disputes, investigating working conditions and ascertaining that the Agreement is being adhered to; provided, however, that there shall be no interruption of work schedules or the Employer's business.  Union shall identify its agents and will provide twenty-four (24) hours notice before visiting the Employer’s property.

 

 

ARTICLE VII - LABOR MANAGEMENT COMMITTEE

                      The parties agree to establish a Labor-Management Committee which will meet at least four times per year during non-working times to discuss matters of mutual concern to the Employer and the employees. Such committee shall be empowered to discuss and resolve issues which may arise between the parties, with a view to improving the quality of work life of the employees and the level of services provided to the tenants of the Housing Development. The committee shall have no authority to amend, modify or abridge in any fashion the specific terms of this Agreement, except to the extent that the parties shall voluntarily mutually so agree, in writing.

 

 

ARTICLE VIII - NO DISCRIMINATION

 

                      There shall be no discrimination against any present or future employee by reason of race, creed, color, sex, national origin, age, disability in accordance with applicable law, Union membership or activities in accordance with applicable law or any other characteristic protected by law. All disputes under this provision shall be subject to the grievance and arbitration provisions of this Agreement.

 

 

ARTICLE IX - MANAGEMENT RIGHTS

 

                      1. General - The Employer has and retains all rights of management not specifically relinquished or modified by the provisions of this collective bargaining agreement, and the management of the business and the direction of the working forces including but not limited to the exclusive right to direct, supervise, plan and control the employees covered hereunder, to maintain order, discipline and efficiency; to hire, promote, demote, transfer employees within the property, to suspend or discharge employees for just cause; and the right to introduce or change or eliminate methods, procedures, equipment or facilities; to assign work to outside contractors under the conditions set forth immediately below; to hire new or replacement employees at the weekly wage rate herein provided; and to exercise rights regarding the employees not inconsistent with the provisions of this Agreement.

 

                        2. Sub-Contracting - The Employer  has represented during negotiations that it has no present intent to contract for the performance of any work heretofore performed by employees covered under this Agreement. However, in the event that it elects to do so during the duration of this Agreement, any such contracting shall be in accordance with the terms of this sub-paragraph 2. The Employer shall give advance written notice to the Union at least three (3) weeks prior to the effective date of its contract for such services, indicating the name and address of the contractor. The Employer may not contract for the performance of any work heretofore performed by employees covered under this Agreement if such contract would cause or result in the lay-off  or termination of any employee from employment with the Employer, excluding termination due to illness, retirement, resignation, or discharge for cause; or in the loss of seniority with the Employer or benefits heretofore provided by this Agreement. The Employer may not contract for the performance of any work heretofore performed by employees covered under this Agreement unless such contract guarantees that any employees hired or assigned by the contractor to perform such work shall be subject to the terms and provisions of this Agreement.

 

                        3. Drug Testing - The Employer may implement the drug testing plan submitted to the Union during negotiations and attached to this Agreement. The Employer will document, in writing, its bases for asserting reasonable cause to believe an employee is under the influence of controlled substance(s), and supply such documentation to the Union within fifteen (15) days after such test to the Union. The issue of whether the Employer had reasonable cause shall be subject to the grievance and arbitration provisions of the Agreement.

 

 

ARTICLE X - NO STRIKE OR LOCKOUT

 

                      During the period of this Agreement the Employer will not lock out any employee and the Union will not direct nor permit any members to engage, participate in or in any way assist in any stoppage of work, slow-down, strike, demonstration or any other action the effect of which may be to impede or interfere with the operations of the Employer, or to incite sympathy or protests concerning the relations between the parties. The term "strike" shall be deemed to include a demonstration of any nature against the Employer and shall include such as are termed "sympathetic" as well as any cessation or reduction of the normal operation of the property by a group of employees for the purpose of coercing the Employer. The Employer agrees that if the Union takes disciplinary action against any member guilty of a violation of this paragraph the Union shall not be liable in any suit for damages because of such violation.

 

 

ARTICLE XI - SCHEDULES AND DUTIES

 

                      Changes in schedules shall not be considered a violation of this Agreement. However, management agrees to cooperate with the Union to the extent possible in any new scheduling and agrees to give the Union at least two (2) weeks' notice. If the Employer desires to implement the ten (10) hour/four day schedule discussed during negotiations, it must first negotiate and reach agreement with the Union as to the implementation and impact of such schedule.

 

                      Except in emergencies, the Employer agrees to post a five (5) day notice of change of scheduled days off.

 

                      It shall be the duty and obligation of the Security Patrol Officers to enforce the rules, regulations and patrol procedures promulgated by management and to protect the property of management as well as the safety of persons on the premises. These aforesaid security patrol duties shall in no way serve to relieve the Security Patrol Officers of any of the related duties currently or previously performed by them and will not restrict management's right to direct the security patrol force in a manner consistent with the duties and obligations as outlined above.

 

                      The duties of the Special Patrol Officer shall continue as heretofore with the understanding that in the event an employee reasonably feels that he is confronted with a situation which is dangerous to his life, he may place himself in a safe posture to await the arrival of a Parkchester Sergeant, the New York City Police Department, or other assistance. When sent out on a patrol each man will be equipped with a working radio.

 

                      All Special Patrolmen Peace Officers shall be equipped with a radio, night stick, oleoresin capiscum and handcuffs; and shall, under the laws they are sworn to uphold, make every effort to enforce the laws to protect the public and the property of Parkchester;  and arrest violators. Security employees waiting to be sworn-in as peace officers shall be equipped with radio, mace and handcuffs;  and shall be responsible to enforce the rules of the Condominium and shall make every effort to protect the public and property of Parkchester.

 

 

ARTICLE XII - NEW SECURITY EMPLOYEES

 

                                  A. Special Patrol Officers:

                      It is agreed that Management will take reasonable care in checking the background of new employees at the time of hire or within a reasonable time thereafter and will provide training for the Patrol force.

 

                      All new Special Patrol Officers may be hired at the rate of $9.00 per hour until the completion of training (i.e., three (3) months) and then will become Security Guards until receipt of Special Patrolman status from the New York City Police Department and shall not receive welfare benefits for the first three (3) months of employment. In addition, such new Special Patrolmen shall receive annuity contributions and credit union contributions according to the scheduled phase in rates set forth in Articles XXIV and XXV of this Agreement.

 

                      Thereafter, such certified employees shall receive a starting rate which is 80% of the then standard rate Special Patrol Officer Rate and shall receive an additional wage adjustment of 5% of the then standard Special Patrol Officer Rate each twelve (12) months thereafter until the job rate is reached, i.e. within forty-eight (48) months after certification by the New York City Police Department. Benefit fund contributions shall be phased-in in accordance with the schedule contained in Article XXIV and Article XXV of this Agreement.

 

                      There shall be a probationary period of nine (9) months for new employees, during which time the Employer may discharge for any reason whatsoever in its absolute discretion, not subject to grievance and arbitration. Temporary employees not employed beyond four (4) months shall receive no benefits of any kind.

 

                                  B. Security Guards:

 

          A new category shall be added to the Agreement known as Security Guard.

 

          The Employer may hire security guards at a ratio of not more than 1 security guard to each four (4) Special Patrol Officers. Said guards may be hired at the rate of $9.00 per hour under the following conditions:

 

                      i. After hiring at the $9.00 per hour rate and being paid such rate during training, said security guards shall receive the following rate:

 

57% of the Special Patrolman Rate. Effective July 21, 2005, percentage becomes 68%.

 

                      ii. Said security guards shall not be certified by the New York City Police Department and will not receive Special Patrol Officer training until a Special Patrol Officer position becomes available and such individual has been granted such position, in the sole and exclusive judgment of Management.

                      iii. Said security guards will receive the same vacation, sick and health benefits as Special Patrol Officers, but annuity and credit union will not apply. Health benefits will apply after three (3) months of Employment.

                      iv. Security guards will become and remain members of the Union in accordance with the Union Security Clause of the Agreement.

                      v. Security guards shall not exceed a ratio of one security guard to each four (4) Special Patrol Officers. In determining this number, results of .5 or more shall be considered as one (1) and results of less than .5 shall be considered as none (0).

                      vi. Security guards will not be used to make arrests. When possible, in the sole discretion of management, management will endeavor to assign a Special Patrol Officer to respond to active penal complaints.

                      vii. There shall be a probationary period of nine (9) months for new Security Guards, during which time the Employer may discharge for any reason whatsoever in its absolute discretion, not subject to grievance and arbitration. Temporary employees not employed beyond four (4) months shall receive no benefits of any kind.

 

                                  C. Dispatchers:

                                 

                                  i. Dispatchers shall receive the receive the scale contained in Article XII of this Agreement and shall perform the same dispatching duties as heretofore.                    

                                  ii. There shall be a probationary period of nine (9) months for new dispatcher employees, during which time the Employer may discharge for any reason whatsoever in its absolute discretion, not subject to grievance and arbitration. Temporary employees not employed beyond four (4) months shall receive no benefits of any kind.

 

 

ARTICLE XIII - SENIORITY

 

            The seniority list will consist of the employees working for the Employer who is signatory to this Agreement and shall not be on a complex-wide basis.

 

            The Employer will post all special positions and assignments (e.g., community affairs officer, training officer, 8-4 and 12-8 shift assignments, etc., if the Employer decides, in its sole discretion, to fill or create such positions) and those positions and assignments will be awarded on merit as determined by the Employer. Requests for applicants for promotion to Sergeant made after the signing of this Agreement shall be posted so that employees may submit their credentials for consideration by management. After any promotion list or ranking list is formulated by management, a copy thereof shall be transmitted to the Union. Promotion to Sergeant shall be based on merit as determined by management.

 

                      In the case of lay-offs, reduction in force, re-hiring of laid off employees, and in filling vacancies and making promotions, seniority shall be a first consideration, but the efficient operation of the property and the qualifications of an employee as to training, ability and efficiency for a particular job shall also be considered as the individual circumstances so require. Management decisions made pursuant to this Article shall be subject to Grievance and\or Arbitration where the Union considers the decision to be unreasonable.

 

                      Employees shall lose all seniority rights and any and all rights as an employee if they quit, take an unauthorized leave of absence, are discharged for cause pursuant to this Agreement, are laid off after six (6) months, or does not respond to recall within five (5) working days.

 

                      Employees on lay off must provide their last known address and telephone number to the Payroll Department in order to be available for recall. Notice of recall will be accomplished by certified mail and first class mail, plus a telephone call to the employee=s last known address and telephone number.

 

 

 

ARTICLE XIV - EMPLOYEE DISCIPLINE

 

                      In the event that it becomes necessary for management personnel to reprimand or discipline any member of the bargaining unit, the shop steward shall be present at the time of such reprimand or discipline.

 

                      Should the shop steward be unavailable, one of the Union officers may attend, or if they are all unavailable, management shall inform the Union of the nature of the reprimand or discipline, in writing.

 

                      In the event that management reprimands or disciplines any member of the bargaining unit and includes such fact in the employee's file record, management agrees to so advise the Union, in writing.

 

                      Any employee shall be entitled to Union representation during an accusatory interview if the employee requests such representation.

 

                      Officers who are asked to submit Ato and from@ reports involving accusations against them shall submit such reports within twenty-four (24) hours following the incident reported upon.

 

 

ARTICLE XV - GRIEVANCE PROCEDURE

                      Adjustment of complaints, disputes, controversies and grievances concerning the interpretation, application or performance of any of the terms and provisions of this Agreement, including discharge of an employee employed more than nine (9) months, shall be undertaken in accordance with the following procedure:

 

                      1. All grievances shall be presented in writing by either party to the other within five (5) days of its occurrence, excluding Saturdays, Sundays and Holidays.

 

                      2. An employee, with the shop steward's approval, or the shop steward, may present a grievance to the Chief of Security prior to or after the end of the employee's or the shop steward's tour of duty within the five (5) days of the occurrence.

 

                      3. If the grievance is not disposed of within seven (7) days, the shop steward may, within three (3) days thereafter, request a meeting with the General Manager to review the grievance. Such request shall be in writing  and specify the nature of the grievance. The General Manager shall meet with the employee and the shop steward to review the grievance within ten (10) days after the receipt of said request. Such meeting shall be held at a time when neither the shop steward nor the employee involved have assigned tours of duty. The Employer shall forward Management's decision in writing to the Union within twelve (12) days after such review.

 

                      4. Within five (5) days after such decision has been forwarded to the Union, the Union may give written notice to the Employer indicating its dissatisfaction with such decision, and requesting a conference between the Head of Human Resources and an official of the Union or their designees. Such designees, if any, shall not exceed in number two (2) each, and in no event shall the employee involved be a designee of the Union. Such conference shall be held within ten (10) days after receipt by the Employer of such notice. The written decision of the officer of the Employer shall be forwarded to the Union within twelve (12) days after such conference.

 

                      5. The request of the Union for consideration of any grievance involving an employee shall be in writing and include, as a part thereof, an authorization and consent signed by the employee or ex-employee involved, expressly authorizing the representatives of the Union to act in his behalf, and expressly consenting that any and all matters discussed with them shall be considered privileged and that the Employer in discussing such matters with them is doing so at his express request and shall be free of any liability whatsoever arising therefrom or as a consequence thereof.

 

                      6. In the event that either party fails to take a grievance to the next higher step within the specified limits of Article XV, the grievance shall be considered settled.

 

 

ARTICLE XVI - ARBITRATION

                      1. In the event that a grievance cannot be adjusted or resolved through the procedure set forth in Article XV, it may be referred by either party to this Agreement to an arbitrator from the following list: Richard Adelman, Susan Mackenzie and Elliot Schriftman. Arbitrators shall be requested and assigned in rotation, subject to availability.

 

                      Arbitrators shall be chosen by rotation in accordance with their availability.  Hearings shall be held at Parkchester unless the parties agree otherwise. In the event neither arbitrator is available, the parties may mutually agree upon another or, refer the matter to the American Arbitration Association.

 

                      Upon thirty (30) days written notice to each other, either the Union or the Employer may terminate the services of any Arbitrator on the panel for all new matters. Successor or additional Arbitrators shall be appointed by mutual agreement of the Union and the Employer. In the event that the Union and the Employer are unable to agree upon a successor after all of the above panel has been terminated, matters shall be referred to the New York State Employment Relations Board.

 

                      2. In arbitrating discharge grievances, the Arbitrator shall determine only whether the facts established by the Employer establish just cause for the action of the Employer within a reasonable exercise of managerial discretion.

 

                      3. The Union and the Employer shall share equally the administration costs of such proceedings assessed by the Arbitrators, and the expense of the stenographer and the fee, if any. Each party shall assume the expense of its own representatives.

 

                      4. Unemployment Insurance Benefits shall be credited against any award of back pay rendered in Arbitration under this Agreement.

 

 

 

ARTICLE XVII- WAGES, HOURS AND OTHER WORKING CONDITIONS

                      1. Salary and Wage Increases:

 

(a) Effective May 12, 2004, the rates for employees employed on June 24, 2005 shall be:

Category:

Weekly Rate

Hourly Rate

New Hire (SG & SP B until initial training)

$360.00

$9.00

SP-1 (After SP Appointment)

$609.91

$15.2478

SP-2 (12 Months after SP Appointment)

$648.03

$16.2007

SP-3 (24 Months after SP Appointment)

$686.15

$17.1537

SP-4 (36 months after SP Appointment)

$724.27

$18.1067

SP-5 Special Patrolman (48 Months after SP Appointment)

$762.39

$19.0597

SG  Security Guards

$434.56

$10.8640

Dispatchers

$545.108

$13.6277

 

(b) Effective May 12, 2005, the rates for employees employed on June 24, 2005 shall be:

Category:

Weekly Rate

Hourly Rate

New Hire (SG & SP B until initial training)

$360.00

$9.00

SP-1 (After SP Appointment)

$624.00

$15.6000

SP-2 (12 Months after SP Appointment)

$663.00

$16.5750

SP-3 (24 Months after SP Appointment)

$702.00

$17.5500

SP-4 (36 months after SP Appointment)

$741.00

$18.5250

SP-5 Special Patrolman (48 Months after SP Appointment)

$780.00

$19.5000

Security Guards

$444.60

$11.1150

Dispatchers

$557.70

$13.9425

Effective July 21, 2005, the rates for Security Guards

$530.00

$13.2600

 

(c) Effective May 12, 2006, the rates for employees shall be:

Category:

Weekly Rate

Hourly Rate

New Hire (SG & SP B until initial training)

$360.00

$9.00

SP-1 (After SP Appointment)

$640.00

$16.0000

SP-2 (12 Months after SP Appointment)

$680.00

$17.0000

SP-3 (24 Months after SP Appointment)

$720.00

$18.0000

SP-4 (36 months after SP Appointment)

$760.00

$19.0000

SP-5 Special Patrolman (48 Months after SP Appointment)

$800.00

$20.0000

Security Guards

$544.00

$13.6000

Dispatchers

$572.00

$14.3000

 

(d) Dispatchers hired after June 24, 2005 will start at the New Hire rate until completion of training.

 

The retroactive payment due under the Wage and Annuity Article will be set aside as a fund for the Employer to pay any increase in premiums for the Welfare Plans over the contract rate for the life of the contract as follows.

 

A sum equal to$1,000 per employee will be deducted from any retroactive payment, first from annuity and then from wages, or a lesser amount if the employee=s retroactive payment is less than $1,000.

 

The May 12, 2006 wage increase will not be implemented unless the Union confirms by written notice to the Employer by May 1, 2006 that the fund set aside is sufficient to pay any increase in premiums for the Welfare Plans over the amounts set forth in the contract for the last year of the contract commencing May 12, 2006, or that it has made changes in the Welfare Plans to eliminate any additional increase in premiums or that employee contributions will cover any additional increase in premiums.

 

 

                      2. Hours - The normal straight-time payroll work week shall consist of forty (40) hours in five (5) days of eight (8) hours each. Subject to applicable rules, overtime at the rate of time and one-half (1 1/2) of the straight-time hourly rate shall be paid for hours worked in excess of eight (8) hours per day or forty (40) hours per payroll week.

 

                      3. Differential -  Subject to rules established by the Employer, a fifteen cent ($.15) per hour shift differential will be paid for all employees (except dispatchers), the majority of whose normally scheduled hours fall between 7:00 P.M. and 6:00 A.M. Such shift differential shall be included in the base rate when computing overtime payment for work performed during differential hours.

 

                      4. No Pyramiding - In no event shall there be any pyramiding of overtime pay, sick pay, holiday pay, differential pay or any other premium pay and where such pay is due for more than one reason, it shall be computed on the basis to give the greater amount.

 

                      5. Method of Payment - Wages shall be paid once a week either by check or in cash.

 

                      6. Terminated Employees - All employees laid off or discharged by the Employer shall be paid promptly on the next succeeding regular payday(s) the wages they have earned up to the time laid off or discharged.

 

                      7. Overtime Distribution - Management agrees that overtime shall be distributed evenly among the employees whenever compatible with the proper operation of the business. No employee shall be permitted to work more than 24 hours per week of overtime, unless no other employee is willing or available to work overtime.

 

 

ARTICLE XVIII - SICKNESS BENEFITS

                      1. Any regular full-time employee with at least ONE (1) year of service (as defined in section 4 below) in all Parkchester buildings, shall receive in a calendar year from the Employer ten (10) paid sick days per year from the first day of bona fide illness, except that new employees who are hired after May 12, 1998, shall be entitled to six (6) days of sick pay after one (1) year of employment, eight (8) days of sick pay after two (2) years of employment and ten (10) days of sick pay after three (3) years of employment. At the Employer’s discretion a doctors certificate can be demanded.

 

                      2. An employee who checks out during a scheduled work day will receive pay only for the time he/she worked on that day. The first day of sick absence will be considered to be the employee's next scheduled work day following the day of check out, if he/she continues to be ill.

 

                      3. Employees who have continued employment to the end of the calendar year and have not used all sickness benefits shall be paid in each succeeding January, one-half (1/2) day's pay for each such unused day, not to exceed five (5) days' pay.

 

                      4. For the purpose of this Article, ONE year's employment shall be reached on the anniversary date of employment. Employees who complete ONE year of service after January 1 shall receive a pro-rata share of sickness benefits for the balance of the calendar year.

 

                      5. If an employee informs the Employer that he is requesting Workers Compensation benefits then no sick pay shall be paid to such employee unless he/she requests such payment in writing.

 

                      6. All payments set forth in this Article are voluntarily assumed by the Employer, in consideration of concessions made by the Union with respect to various other provisions of this Agreement, and any such payment shall be deemed to be a voluntary contribution or aid within the meaning of any applicable statutory provisions.

 

                      7. Employees will notify the dispatcher one (1) hour in advance of his shift in the event of absence.

 

 

ARTICLE XIX - HAZARD ADVANCE

 

                      The Employer will advance Workers Compensation loss of earning benefits to employees who have been employed for one (1) or more years injured on the job during the time that the New York State Workers Compensation Board is processing such claims. When the employee receives the benefit from the Compensation Board, he shall reimburse the Employer for this advance.

 

                      Prior to paying any advance under this Article, the Employer shall notify the Union so that they may review the matter. The Union will cooperate with the Employer in collecting reimbursement under this Article.

 

                     The Employer may require that the employee acknowledge, in writing, the responsibility to reimburse the Employer and cooperate in signing proper forms to insure reimbursement.

 

                      In the event that two (2) employees at the Parkchester complex (i.e. Parkchester North Condominium and Parkchester North Condominium) default in repaying such advance payments to the Employer, this provision shall terminate.

 

 

ARTICLE XX - FAMILY BEREAVEMENT

                      A regular, full-time employee with at least one (1) year of continuous employment at the Parkchester North Condominium shall not be required to work for a maximum of three (3) working days immediately following the death of his parent, brother, sister, spouse, current mother-in-law, current father-in-law, grandparent, child or step-child and shall be paid his regular, straight-time wages for any such three days on which he was regularly scheduled to work, or entitled to holiday pay.  One day off with pay shall be granted to attend the funeral of a deceased current brother-in-law, sister-in-law or grandparent-in-law.

 

 

ARTICLE XXI - JURY DUTY

 

                      Employees shall be paid the difference between the fee received by them for acting as jurors and their regular straight-time pay for each day of jury service. In order to be eligible for such payment by the Employer, the employee must report by telephone or otherwise to his supervisor every day during the jury service when he is discharged or excused from serving less than the greater part of the court day and shall report back to work on his supervisor's instructions. Employees employed on shifts other than the day shifts shall also be paid the said difference in pay and shall be excused from work, provided they have served during the same day the greater part of that court day as a juror. The Employer will make payment hereunder to the employee involved only for one period of jury service every two (2) years.

 

 

ARTICLE XXII - TERMINATION PAY

                      In case of termination of employment because of the employee's physical or mental inability to perform his duties or from reduction in force, the employee shall receive, in addition to his accrued vacation credits, termination pay according to years of continuous service at Parkchester Housing Development or with the same employer as follows:

                                  Employee with 5 and less than 10 years ..... 1 weeks' pay

                                  Employee with 10 and less than 12 years ... 2 weeks' pay

                                  Employee with 12 and less than 15 years ... 3 weeks' pay

                                  Employee with I5 and less than 17 years .... 6 weeks' pay

                                  Employee with 17 and less than 20 years ... 7 weeks' pay

                                  Employee with 20 and less than 25 years ... 8 weeks' pay

                                  Employee with 25 years or more ................ 10 weeks' pay

 

                      Any employee who is physically or mentally unable to perform his duties may resign and receive the above termination pay provided he submits satisfactory evidence of such inability at the time of termination. In the event the Employer does not deem the evidence satisfactory, such question may be submitted to grievance and arbitration.

 

                      The right to accept termination pay and resign where there has been a reduction in force, shall be determined by seniority, i.e., termination pay shall be offered to the employees (who shall have five (5) days to respond) and the most senior  in point of service who opts to be laid off shall receive the applicable termination pay. If no employee accepts the offer, the last employee or employees in seniority shall be terminated and shall receive the termination pay, if any, to which he or they are entitled.

 

 

ARTICLE XXIII - WELFARE PLAN

 

                        Employees shall be enrolled in the Aetna Plan or by any other insurance company providing equivalent benefits.  It is understood that the Union is the policy holder of the Plan and will arrange for bills to be forwarded to the Employer for covered employees.  The Employer will hold the Union harmless from any claims or liability regarding coverage of employees or cancellation of the policy due to non-payment of premiums by the Employer.  The Employer will assume all of the responsibility for the costs of this policy up to the amounts specified below.

 

                      The Employer will continue to provide the Aetna Dental and VSP Optical Plans or by any other insurance company providing equivalent benefits.  The Employer will hold the Union harmless from any claims or liability regarding coverage of employees or cancellation of the policy due to non-payment of premiums by the Employer.  The Employer will assume all of the responsibility for the costs and administration of this policy up to the amounts specified below.

 

                      The Employer will continue to provide Life Insurance under the First Rehabilitation Plan or by any other insurance company providing equivalent benefits.  The Employer will assume all of the responsibility for the costs and administration of this policy up to the amounts specified below.

 

                      The following rates are the rates to be paid by the Employer for the life of this contract to provide the following benefits:

 

                      a.         Health

 

Family                                      $745.93 a month

Couple                                     $513.59 a month

Parent and Children                  $427.99 per month

Single                                       $244.57 per month

 

b.         Dental 

 

Family                                      $85.40 per month

Single                                       $32.60 per month

 

 

c.         Life Insurance with AD&D       $17.50 per month

 

d.         Optical                                     $23.74 per month

 

                      Benefit Plan Increases - Any increase in the cost of the benefit plans above may be covered by the fund set aside in Article XVII, Wages, Hours and Other Working Conditions, or employee contributions.

 

 

ARTICLE XXIV - CREDIT UNION

 

                        A.        Upon receipt by the Employer of written authorization from the employee, the Employer will deduct the amount authorized by the employee and transmit the same to the Local # 1 Credit Union which will be funded solely by employee contributions.  Employee authorizations will not be changed more than once in any twelve (12) month period, and the Employer will announce the period during which such changes are to be requested.

 

                        B.         The Employer will make the following weekly contributions on behalf of employees to the Credit Union for whose employees who are in a paid status for eight (8) or more hours in a payroll week, but no employee shall have his or her rate reduced as a result of the implementation of this schedule.  (Employees who were employed prior to May 12, 2001 shall have their 2003 rate of contribution based upon date of hire rather than date of certification.):

 

Effective May 12, 2004, the rates shall be:

Category:

Weekly Rate

Hourly Rate

New Hire (SG & SP B until initial training)

$0

$0

SP-Training (after initial training until SP Appointment)

$0

$0

SP-1 (After SP Appointment)

$0

$0

SP-2 (12 Months after SP Appointment)

$0

$0

SP-3 (24 Months after SP Appointment)

$35.00

$.875

SP-4 (36 months after SP Appointment)

$35.00

$.875

SP-5 Special Patrolman (48 Months after SP Appointment)

$35.00

$.875

Security Guards

$0

$0

Dispatchers

$35.00

$.875

 

                        C.        Contribution for employees hired on or after May 12, 2001 shall commence twenty-four (24) months after SP appointment at the then effective rate.

 

                        D.        This Article will expire on July 21, 2005.

 

 

ARTICLE XXV - ANNUITY PLAN

 

 

                      Contributions to the Annuity Plan shall be increased based upon the date of appointment as follows:

 

(a) Effective May 12, 2004, the rates for employees employed on June 24, 2005 shall be

Category:

Weekly Rate

Hourly Rate

New Hire (SG & SP B until initial training)

$0

$0

SP-1 (After SP Appointment)

$0

$0

SP-2 (12 Months after SP Appointment)

$52.755

$1.3189

SP-3 (24 Months after SP Appointment)

$70.51

$1.7627

SP-4 (36 months after SP Appointment)

$123.265

$3.0816

SP-5 Special Patrolman (48 Months after SP Appointment)

$176.02

$4.4005

Security Guards

$0

$0

Dispatchers

$176.02

$4.4005

 

(b) Effective May 12, 2005, the rates for employees employed on June 24, 2005 shall be:

Category:

Weekly Rate

Hourly Rate

New Hire (SG & SP B until initial training)

$0

$0

SP-Training (after initial training until SP Appointment)

$0

$0

SP-2 (12 Months after SP Appointment)

$57.697

$1.4424

SP-3 (24 Months after SP Appointment)

$80.395

$2.0098

SP-4 (36 months after SP Appointment)

$138.09

$3.4522

SP-5 Special Patrolman (48 Months after SP Appointment)

$195.79

$4.8947

Security Guards

$0

$0

Dispatchers

$195.79

$4.8947

 

(c) Effective July 21, 2005, the $35.00 Credit Union contributions will be added to the Annuity Plan and the rates for employees shall be:

 

Category:

Weekly Rate

Hourly Rate

New Hire (SG & SP B until initial training)

$0

$0

SP-1 (After SP Appointment)

$0

$0

SP-2 (12 Months after SP Appointment)

$57.6975

$1.4424

SP-3 (24 Months after SP Appointment)

$115.395

$2.8848

SP-4 (36 months after SP Appointment)

$173.09

$4.3272

SP-5 Special Patrolman (48 Months after SP Appointment)

$230.79

$5.7697

Security Guards

$0

$0

Dispatchers

$230.79

$5.7697

 

(d) Effective May 12, 2006, the rates for employees shall be:

Category:

Weekly Rate

Hourly Rate

New Hire (SG & SP B until initial training)

$0

$0

SP-1 (After SP Appointment)

$0

$0

SP-2 (12 Months after SP Appointment)

$62.355

$1.5589

SP-3 (24 Months after SP Appointment)

$124.71

$3.1177

SP-4 (36 months after SP Appointment)

$187.065

$4.6766

SP-5 Special Patrolman (48 Months after SP Appointment)

$249.42

$6.2355

Security Guards

$0

$0

Dispatchers

$249.42

$6.2355

                     

                      The Union will notify the Employer that an annuity account has been opened for an employee within ninety (90) days of the employee becoming an SP2.  If the SBA fails to give this notification, Employer will make the contribution effective the date of notification.

 

 

ARTICLE XXVI - HOLIDAYS

 

                      New Years Day, Martin Luther King, Jr.=s Birthday, President=s Day, Easter Sunday, Memorial Day, Independence Day, Labor Day, Columbus Day, Election Day, Veteran's Day, Thanksgiving Day, Christmas Day and the employees' birthday are recognized by the Employer as holidays.

 

                      Employees shall receive their straight-time pay for said holidays as such and any employee who is required to work on any such holiday shall receive additional pay at one and one-half times his regular straight-time hourly rate of pay for each hour worked.

 

                      To be eligible for holiday pay, the employee must work the scheduled day before and the scheduled day after the holiday. The Employer agrees that this clause is not applicable in any case where the employee is in a "pay status", i.e. vacation, family bereavement, jury duty, paid illness.

 

                      Any regular full-time employee whose regular day off, or one of whose regular days off falls on a holiday, shall receive an additional day's pay therefore, or, at the option of the Employer, an extra work-day off within ten (10) days immediately preceding or succeeding the holiday.

 

If an employee=s birthday falls on a holiday, said employee will be granted another day off during the calendar year.

 

 

ARTICLE XXVII- VACATIONS

 

                      1. The Employer agrees to the following vacation plan for employees covered by this Agreement under the following schedule, subject to existing rules:

                                   Continuous Service              Vacation Allowance

                                     Less than one yearYYYYYYY.None

                                    1 year but less than 3 years ............... 1 weeks

                                    3 years but less than 5 years .........Y. 2 weeks

                                    5 years but less than 12 years ........Y 3 weeks

                                    12 years but less than 20 years ......Y 4 weeks

                                    20 years and over ................................5 weeks

 

                      2. At the employer=s discretion, an employee appointed on and after January 1, but prior to April 1 of a calendar year may be granted a vacation of one (1) week in that year after six (6) months of continuous service. This is predicated on the expectation that the employee will perform his duties to the satisfaction of the Employer and continue in service beyond December 31 of the calendar year in which he was appointed.

 

                      3. Vacations must be taken during the appropriate calendar year and are not cumulative from one year to another.

 

                      4. In scheduling vacations, the Employer will give senior employees preference consistent with efficient operation, however, the times when each employee shall be scheduled vacation will be at the discretion of the Employer, and subject to the quotas established by the Employer for the maintenance requirements of the Housing Development.

 

                       5. Any employee terminating service on or before March 31 of any calendar year, except an employee terminated due to a reduction in force, will not be eligible for a vacation in that calendar year.

    

    

ARTICLE XXVIII B FAMILY AND MEDICAL LEAVE ACT

    

                      The Employer agrees to adhere to the Family and Medical Leave Act of 1993 (“FMLA”) and its regulations and the New York State Leave Law and its regulations for all eligible employees in the bargaining unit.  The Employer’s FMLA policy shall be annexed as Exhibit C as part of the Agreement.

 

ARTICLE XXIX- LEAVES OF ABSENCE

 

                      Once every three (3) years, upon written application to the Employer and the Union, a regular full-time employee who has been employed more than three (3) years, shall be granted a leave of absence not to exceed three (3) months, subject to an extension for a period not to exceed an additional three (3) months in case of bona fide illness or injury, whether or not covered by Worker=s Compensation. When such employee submits proof that he is physically and mentally able to resume work, he shall, upon one weeks= prior written notice to the Employer, be then re-employed, without loss of seniority.

 

                      Once every three (3) years, upon six (6) week=s written application to the Employer, a regular full-time employee who has been employed for three (3) years or more shall be granted a leave of absence for personal reasons not to exceed two (2) months. Upon an employee=s return to work, he shall be re-employed with no loss of seniority.

 

                      Employees who are granted leaves of absence, except as provided by the FMLA, shall not be entitled to health benefits or any other benefits while on such leave, but where such leave is for two (2) weeks or less, health benefit coverage shall not be discontinued. Coverage for benefits will resume when such employee returns to work from leaves of absence.

 

                      Pregnancy shall be treated as a disability under applicable law and shall be covered under the disability leave provisions of this Agreement.

 

                      When any leave of absence under this Article is required as a result of on-the-job injury covered by Workers' Compensation, such leave shall be subject to an additional extension of up to six (6) months for a total leave of up to one (1) year provided the employee submits a medical report to the Employer demonstrating a medical necessity for the extension.

 

                      In scheduling leaves of absence, the Employer will give senior employees preference consistent with efficient operation, however, the times when each employee shall be scheduled for leave of absence will be at the discretion of the Employer, and subject to the quotas established by the Employer for the security requirements of the Housing Development.

 

                      Unpaid Personal Time B the Employer shall grant two (2) days of personal leave to employees provided that such employees give three (3) days notice to the Employer and that such leave does not require the Employer to pay overtime.

 

 

ARTICLE XXX B ARMED SERVICES LEAVE

 

                      An employee who is absent from work by reason of service in the uniformed services shall be entitled to leave in accordance with the Uniformed Service Employment and Reemployment Act of 1994. Such leave shall be unpaid. Any employee taking military leave shall be entitled to seniority, and other rights and benefits determined by seniority, as if the employee had remained continuously employed but shall be entitled to no other benefits.

 

 

ARTICLE XXXI B WORKER’S COMPENSATION AND DISABILITY LEAVE

 

                      Employer will pay the annuity contributions for the first two weeks of an employee’s worker’s compensation or disability leave.

 

 

ARTICLE XXXII - CALL-IN PAY

 

                      The Employer agrees that any employee called in for work outside of his regularly scheduled working hours, not consecutive with his regular schedule, or on his day off or on a holiday, shall receive a minimum of four (4) hours' premium pay for four (4) hours' work which shall be performed as directed by the Employer. Should the Employer decline to have the employee work for the said four (4) hours, said employee shall still be paid for four (4) hours.

 

                      The Employer further agrees that where any employee is asked to report early for his regular shift, he shall receive his normal straight-time wages for his regular shift and, in addition thereto, the time worked prior to his regular shift shall be considered overtime at time and one-half just as is time worked beyond his regular shift.

 

 

ARTICLE XXXIII - SAVING CLAUSE

 

                      If any provision of this Agreement shall be held or declared to be illegal or of no legal effect, said provision shall be deemed null and void without affecting the obligations of the balance of the Agreement.

 

                      All references to the male gender shall be deemed to include the female gender.

 

 

ARTICLE XXXIV - UNION BULLETIN BOARD

 

          1. The Employer agrees that there may be established in the time clock area in the patrol locker room a Union Bulletin Board, the size of which shall not exceed 2=x 2=, which shall bear the statement that the Employer assumes no responsibility for material posted thereon.

 

          2. The material which may be posted thereon shall be restricted to:                                   (a) Notices of Union recreational and social affairs.

                      (b) Notices of Union appointments.

                      (c) Notices of Union meetings, with brief references to the purpose thereof.

                      (d) Union business activities.

 

          3. The Employer reserves the right to remove any material posted thereon which in its judgment does not conform to the provisions of this Article.

 

          4. The Union agrees that there will be no distribution of handbills or other Union materials on working time or on the Employer=s property.

 

 

ARTICLE XXXV - UNIFORMS

 

                      The Employer agrees to supply and maintain uniforms and equipment necessary and required for the performance of the job. Specifically, the Employer shall provide the employees with the following equipment if required by the Employer: memorandum book; night stick; handcuffs; safety vest; holders for night stick and handcuffs; cap; shirt; tie; trousers; belt; shields, nameplates and I.D. cards; and Flashlight. This equipment shall also be maintained by the Employer with the exception of the uniform shirts which will be maintained by the employees pursuant to the stipulation entered into between the parties dated June 21, 1988. The Employer will, once a year,  reimburse up to $100.00 for a pair of black shoes on evidence of purchase by the employee.

 

                      The employees shall be responsible to provide the following equipment: ball-point pen; folding pocketknife; whistle; flashlight batteries; and watch.

 

 

ARTICLE XXXVI- LEGAL ASSISTANCE

 

                      The Employer shall provide legal assistance where required to employees who are served with summons regarding line-of-duty activities.

 

 

ARTICLE XXXVII B SECRET AUDIO/VIDEO TAPING OF OFFICERS

 

                      See Exhibit AB@ to this Agreement.

 

 

ARTICLE XXXVIII - LOSS OF PERSONAL EFFECTS

 

                      Employees shall be reimbursed for all loss of personal effects incurred in the line-of-duty.

 

 

ARTICLE XXXIX B SECURITY GUARD/SPECIAL PATROLMAN STATUS

                      It is a condition of employment that all Security Officers hired must comply with the New York State Security Guard Law and become Security Guards; those hired to become Special Patrol Officers must be able to pass a New York City Police Department investigation and be deputized by the New York City Police Department as a Special Patrolman and maintain this status for continued employment as Special Patrol Officers.

 

                      No employee shall be required to be paid as a Special Patrolman unless certified as such by the New York City Police Department, except in accordance with the paragraph below.

 

                      Employees who lose Special Patrolman status because of an arrest for less than a Class AD@ felony, unless for actions involving Parkchester, shall be afforded a period of twelve (12) months to regain such status. During that period such employees shall be employed as Security Guards at the then post-training rate of 68% of Special Patrolman pay. If such employees do not have security guard status from the State of New York, the employer shall provide them with the necessary classses required for them to be certified as a security guard under New York State Law. If Special Patrolman status is not restored by the New York City Police Department within twelve (12) months, such employee shall remain classified as security guards at the Security Guard rates of pay and benefits. In the sole and absolute discretion of the Chief of Security, the twelve (12) month period may be extended up to an additional twelve (12) months for a maximum of twenty-four (24) months.

 

 

ARTICLE XL - MISCELLANEOUS

 

                      1.  If the Union gives more favorable terms or conditions of employment to any other employer, it shall give the same to the Employer.

 

                      2.  Employer agrees to change the title Special Patrol Officers to Public Safety Officers if its Board of Directors approve.

 

ARTICLE XLI - SUCCESSORS

 

                      In the event that Employer, or any part thereof, transfers title, then, as a condition of such transfer, said transferee shall be required by the Employer to become and remain bound to the terms of this Agreement throughout its term, and the Union shall also remain bound.

 

 

ARTICLE XLII B COMPLETE AGREEMENT

 

                      This Agreement constitutes the full Agreement between the parties and, except as they may otherwise agree, there shall be no demand by either party for the negotiation or renegotiation of any matter covered or not covered by the provision hereof.

 

 

ARTICLE XLIII - TERM OF AGREEMENT

 

                      This Agreement shall be effective as of May 12, 2004 and shall continue in full force and effect, with no reopenings through midnight, May 11, 2007.

 

                      Ninety (90) days before said expiration date, the parties shall enter into direct negotiations looking towards a renewal agreement.

 

                      If thirty (30) days before the expiration of this Agreement the parties shall not have been able to agree upon the terms of their new agreement, both parties will thereupon confer with the New York State Board of Mediation for the purpose of conciliating their differences.

 

 

              In witness whereof, the parties have hereunto set their hands and seals.

 

 

PARKCHESTER NORTH CONDOMINIUM

 

 

by:_______________________________________

 

 

SPECIAL PATROLMAN=S BENEVOLENT ASSOCIATION, LOCAL 1

 

 

by:_______________________________________                                                                                                                                                             

by:_______________________________________

 

by:_______________________________________

 

Dated:______________________

 


Collective Bargaining Agreement

 

 

 

 

 

 

between

 

 

 

 

 

 

PARKCHESTER NORTH CONDOMINIUM

 

 

and

 

 

SPECIAL PATROLMAN=S BENEVOLENT ASSOCIATION, LOCAL 1

 

 

 

 

 

                  

 

 

 

 

Covering the period May 12, 2004 through May 11, 2007

 

 



 

Index

 

ANNUITY PLAN................................................................................................................. 15

ARBITRATION..................................................................................................................... 9

ARMED SERVICES LEAVE................................................................................................. 19

CALL-IN PAY..................................................................................................................... 19

COMPLETE AGREEMENT.................................................................................................. 22

COVERAGE OF AGREEMENT.............................................................................................. 1

CREDIT UNION.................................................................................................................. 15

DEDUCTION OF UNION DUES.............................................................................................. 2

EMPLOYEE DISCIPLINE...................................................................................................... 8

FAMILY AND MEDICAL LEAVE ACT................................................................................... 18

FAMILY BEREAVEMENT.................................................................................................... 13

GRIEVANCE PROCEDURE................................................................................................... 8

HAZARD ADVANCE............................................................................................................ 12

HOLIDAYS......................................................................................................................... 17

INSPECTION PRIVILEGES................................................................................................... 3

JURY DUTY....................................................................................................................... 13

LABOR MANAGEMENT COMMITTEE................................................................................... 3

LEAVES OF ABSENCE....................................................................................................... 18

LEGAL ASSISTANCE......................................................................................................... 20

LOSS OF PERSONAL EFFECTS........................................................................................ 21

MANAGEMENT RIGHTS....................................................................................................... 4

MISCELLANEOUS............................................................................................................. 21

NEW EMPLOYEES............................................................................................................... 6

NEW SECURITY OFFICER EMPLOYEES............................................................................... 6

NO DISCRIMINATION.......................................................................................................... 3

NO STRIKE OR LOCKOUT................................................................................................... 5

SAVING CLAUSE............................................................................................................... 19

SCHEDULES AND DUTIES................................................................................................... 5

SECRET AUDIO/VIDEO TAPING OF OFFICERS.................................................................. 21

SENIORITY.......................................................................................................................... 7

SHOP STEWARDS.............................................................................................................. 2

SICKNESS BENEFITS........................................................................................................ 12

SPO STATUS.................................................................................................................... 21

SUCCESSORS................................................................................................................... 22

TERM OF AGREEMENT...................................................................................................... 22

TERMINATION PAY........................................................................................................... 13

UNIFORMS........................................................................................................................ 20

UNION BULLETIN BOARD.................................................................................................. 20

UNION RECOGNITION......................................................................................................... 1

UNION SECURITY................................................................................................................ 1

VACATIONS...................................................................................................................... 17

WAGES, HOURS AND OTHER WORKING CONDITIONS..................................................... 10

WELFARE PLAN................................................................................................................ 14

WORKER’S COMPENSATION AND DISABILITY LEAVE...................................................... 19

 

Exhibits:

A B Drug Testing Policy

B B Audio/Video Taping

C – FMLA Policy

Side Letter B Revokation of SPO status

Rider B Contract Construction Guards

Side Letter B Time Clock

 

H:\TML\STARRETT\parkchester north and local 1.DOC



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