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HomeMy Public PortalAboutResolution 01:198No. 01-198 Dale o{' Adoplitln June 21~ 2001 APPROVING A MEMORANDUM OF AGREEMENT WHEREAS, Local 2291 of AFSCME Council 73, AFL-CIO ("Local 2291") filed a Step 2 Grievance alleging a violation of past practice and Article 9 of the Blue Collar Collective Bargaining Agreement ("Blue Collar Agreement"), for the purpose of recovering pay allegedly due to members of Local 2291 for overtime assignments resulting from the absence of the Parks Security Guard on April 16, May 6, 7, 29 and July 1 and 2, 2000; and WHEREAS, on August 1, 2000, the Borough Council denied said grievance; and WHEREAS, 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- 097; 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 a 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. Adopted this 21st day of June, 2001 and cerrlf~od as a true copy of the original on June 22, 2001. KATHLEEN M. BARNEY,RMC/CMC Munlc_ipal Clerk RECORD OF COUNCIL VOTE COUNCILMAN YES NO NV A.B. COUNCIl,MAN YES NO NV A.B. FA ZEKAS x RIOS QUINONES x SAN_TORO REIMAN x SOHAYDA x X - Indicate Vote AB - Absent NV - Not Voling XOR - [ndicatc~; Vote to Overrule Veto Adopted at a meeting of the Municipal Council ~ June 21,_ 2001 MEMORANDUM OF AGREEMENT WHEREAS, Local 229l of AFSCiYI~E Council 73, A~L-CIO, ("Local 2291") filed a Step 2 Grievance alleging a violation of past practice and Article 9 of the Blue Collar ~ollecfive Bargaining Agreement ("Blue Collar Agreement"), for the purpose of recovering pay allegudly due to members of Local 2291 for overt/me assignments resulting fi.om the absence of the Parks Security Guard on April 16, May 6, 7, 29, and July 1 and 2, 2000; and Wt/EREAS, in accordance wkh Step 2 procedures mid following the applicable notice requirements the Mayor and Council conducted a hearing on the above mentioned gnevanen on July I3, 2000, during which time testimony was presented and deliberations of the Mayor and Council followed; and WI-iEREAS, by letter dated Auguat 1, 2000, fi.om then Borough Attorney, Craig J. Coughlth, Esq., the Borough Carmcil notified Local 2291 that the above mentioned grievance was den ed; arid WI~IiEREAS, on August 9, 2000 Local 2291 filed a Reqnest for A.thitration with the Public Employment Relafion~ Comrniss/ors State of New Yersey; and WI:IEREAS, the matter is presently pending under Docket Number AR-2001- 097; and WIIEREAS, thc Mayor and Council and Local 229I have agreed upon an amicable settlement of said grievance. IT IS 1/EREBY AGREED AS FOLLOWS: l. Local 2291 shall dismiss the arbitration presently pending before PERC. The dismissal provided for pursuant to this Memorandum o'f Agreemem resolves ali pay issues untstma~ng between Local 2291 and the Borough of Carteret with regard to the above referenced grievance and any and ali similar claims for overlime which have been made, or may in the future be made for any and all dates subsequent to July 2, 2000, up until the present, and any and all dates prior thereto. 2. The parties shill equ~/ly bear the initial costs for Lawrence I. Hammer, arbitrator. 3. Pursuant to the procedures presently being followed and agreed to betweeal the pad. ies hereto, the Borough shall offer uny over0ime assignments reqnired to be filled due to the scheduled absence of the park security guard, and the absence of regularly sehednied parks employees to perform the duties of the park se?urity guard, first to the park security guard, and then to the appropriate Blue Collar Bargaining Unit Employee. It is further agreed b~tween the parties that the assignment of overtime provided for herein shall not thnn the basis of any grievance by either the Blue Collar Union or the White Co!la~ Union. IN WITNESs W~REOF, the parlies hereto have set their hands and seals on this __ day o£_ ,2001. THE BOROUGH OF CARTERET ROUGH OF CARTERET Dated:~__~/ Attest: OCAL 2291 AFSCME, AFL CIO f LOCAL 3850 AFSCME, AFL.CIO C00/C00~