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HomeMy Public PortalAboutResolution 01:199No. 01-199 Date of Adoption JUNE 21~, 2001 APPROVING A MEMORANDUM OF AGREEMENT WHEREAS, AFSCME, Council 73, Local 2291 ("Local 2291") filed a Step 2 Grievance dated April 27, 200 on behalf of the following employees ("Employees") alleging a violation of past practice and Article 9 Distribution of Overtime of the Blue Collar Collective Bargaining Agreement ("Blue Collar Agreement") for the purpose of recovering overtime pay allegedly due: Mark Suller Michael Menzoff Larry Birgil Michael Bucsak Laborer Laborer Park Maintenance Worker Park Maintenance Worker (collectively, "the Grievants"); and WHEREAS, on August 1, 2000, the Borough Council denied said grievance; and WHEREAS, on August 9, 2000, Local 2291 filed a formal request for arbitration of said grievance with the Public Employee Relations Commission; and WHEREAS, the matter is presently pending under Docket Number AR-2001- 099; and WHEREAS, the Mayor and Council and Local 2291 have agreed upon an amicable settlement of said grievance to avoid the cost and effort associated with proceeding with formal arbitration of the above referenced grievance. NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Borough of Carteret as follows: 1. The Memorandum of Agreement in the form annexed hereto is hereby approved. 2. The Mayor and appropriate Borough Officials are authorized to execute the same. 3. Annexed hereto is a copy of said agreement. ['i.nic_inai RECORD OF COUNCIL VOTE COUNCILMAN YES NO NV A.B. COUNCIl,MAN 5'ES NO N"/ A.B. FAZEKAS RIOS QUINONES x SA!~TORO x REIMAN x SOHAYDA x X - Indicate Vote AB - Absent NV - Not Voting XOR - Indicates Votc to Ovcrrulc Veto Adopted at a meeting of the Municipal Council MEMORANDUM OF AGREEMENT WYd[EREAS. A~SCME, Couacil 73 ~ 2291 ("L~al 2291'3 fil~ a St~ 2 ~evan~ ~ Ap~ 27. 2~ ~ ~ of ~e foHo~ng ~ploy~ ("~]oy~s") ~le~g a viola~on of p~t ~6~ a~ ~cle 9 Dis~ibufon of ~ime, of ~ BI~ ~11~ COll~Uve B~gmnm~ ~t ("BIu~ ColI~ ~m~t") for ~e pu~ of r~v~g ov~e p~y ~leg~ly due: (collectively, "Tlto Grievants"); and Park Maline, nonce Worker Park Maintenance Worker WHlgRE~, in accordance with Step 2 procedure., and following the applicable notice r~qulr*mcuts, thc Mayor and Council condocted a hcarhlg on the grievance on January 13, 2000, dunng which tesl~anony wa~ pte~altexl, and delib~watlons oftl~ Mayor and Council followed; and WItERE2~,.S, on August l, 2000, by way of l¢,~x from then Borough Craig I. Coughlin, Esq., the Com~. 1 denied said grievance; and WltEREA~, on August 9, 2000, Local 229l filed a r~quest for Submi.~ion of a Panel of Arbitrators with the Public IEmployment Relation~ Commission, State o£New Jersey, requesting that th* a.roronumtion~xt grievance be arbitrated; and Wll~REA$, the Mayor and Couu¢iI m~d Local 229I have agreed upon an amicable settl~tent of said grievance to avoid the effo~ a~d cos! associated with formally arbitrating the afontulcntioned ghevanee which is presently listed under Docket Number AR-2001-099. IT 15 AGREED AS FOLLOWS: 1. The Borough of Cartier shall pay each of the Employees (subject deductions) the amounts as set forth on Schedule A anllexed hereto. 2. This Memorandum of AgreemenI re~olv¢~ aU pay issues outstanding benvc~a Local 2291 and ~hc l~orough of Ca~te~t with r~gard to thc above rcfcrcaced gfievaocc. IN WI'lB/ESS WItEREOF, tho parties hereto have scl their hands and seals on this __ day of ,200L Dated: SCHEDULE A E~LO~E HOURLY RATE (OVERTIME) HOURS TOTAL Mark Sullcr $25.22 Michael Menzoff $25.22 Larry Birgll $26.73 Michael Bucsak $2673 $201.76 $201.76 $187.11 $t87.11