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~