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Contract Database Metadata Elements   
 
Title: Kinderhook, Town of and Highway Department Unit, International 
Brotherhood of Teamsters (IBT), Local 294 (2003) 
 
Employer Name: Kinderhook, Town of    
 
Union: Highway Department Unit, International Brotherhood of Teamsters (IBT)    
 
Local: 294    
 
Effective Date: 01/01/03   
 
Expiration Date: 12/31/05   
 
PERB ID Number: 7398   
 
Unit Size: 11   
 
Number of Pages: 15     
 
 
 
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7398 12312005 (0 I B
Kinderhook, Town Of And Ibt ~ocal
294 (Highway Department Unit) #3 - lc>lfJoS
~MPLOYMENTCONTRACT
AGREEMENT made and entered into this 1,.7 day ofjpJll"'" ) 2003, between the
TOWN OF KINDERHOOK, located in Kinderhook, Columbia County, New York, hereinafter
referred to as the "Employer", and the TEAMSTERS LOCAL 294, Affiliated with International
Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, 890 Third
Street, Albany, New York, hereinafter referred to as "Local 294" .
WITNESSETH
WHEREAS, the parties desire to cooperate in establishing conditions among members
which will secure to the Members a living wage and establish a basic understanding as to the
employment relations that may arise within the sphere of collective bargaining, and to peacefully
settle all disputes that may properly come under this Agreement.
NOW, THEREFORE, the parties mutually agree as follows:
ARTICLE I -RECOGNITION
The Employer agrees to recognize Local 294 as the exclusive bargaining agent for all
employees of the Employer with regard to wages, hours, and other conditions of employment,
heretofore referred to an known as laborers, motor equipment operators (heavy, light and truck),
mechanics and foreman in the highway department and excluding all others and agrees not to
discriminate against any of its members for carrying on activity on behalf of Local 294.
ARTICLE II -GENERAL POLICY
The management and direction of the working forces and operation including the hiring,
.. promoting, the layoff and. calling to work of employees, suspension and taking of disciplinary.
action up to and includin:g termination for just cause, are the exclusive functions of the Town
RECEIVED
1
APR 0 1. 2003
'NVS PUBUC EMPLOYMENT
RELATIONS BOARD II
.,..I
Board or agent working under the direction of the Town Board and such actions shall be taken
pursuant to existing practices; provided, however, that in the exercise of such functions the
Town shall not act contrary to, alter or attempt to amend any of the provisions of this Agreement.
ARTICLE III - UNION SECURITY
A. Each employee covered under the provisions of this collective bargaining agreement
who is a member of the union shall be required to make payments of monthly membership dues
to the union in the amount required by the union; or if such employee is not a member of the
union, in any amount equivalent to the amount of monthly dues payable by a union member as
the exclusive collective bargaining representative. The Employer agrees to and shall deduct from
wages of all employees covered thereunder monthly membership dues payable to the union for
monthly agency shop fee above described and shall immediately thereafter transmit the same to
the union.
B. Stewards: the Employer recognizes the right of the union to designate one job
steward, one alternate steward. The authority of said stewards so designated by the union shall
be limited to, and shall not exceed the following duties and activities:
1. The investigation and presentation of grievance in accordance with the
provisions of the collective bargaining agreement.
2. The transmission of such messages and information which shall originate with,
and are authorized by the union or its officers, provided such messages and information:
a. Have been reduced to writing, or
b. If not reduced to writing, are of a routine nature and do not involve a
refusal to perform work assignments.
2
3. The Steward and alternate shall be entitled to a total of sixteen (16) hours
annually for union activities.
ARTICLE IV - PROmBITION OF STRIKES
Neither the union or any of its members covered hereunder shall engage in a strike against
the Public Employer herein, nor cause, instigate, encourage, nor condone such a strike for
violation of such non-strike pledge, any such violation shall be subject to all of the sanctions and
penalties provided in Section 210 of the Civil Service Law.
ARTICLE V - RESOLUTION OF DEADLOCK IN COLLECTIVE BARGAINING
The parties agree to conduct meetings for the purpose of collective bargaining during the
period of 120 days prior to the budget submission date for the purposes of attempting to mutually
agree upon amendments to this agreement.
ARTICLE VI - SEPARATION
Upon discharge and quitting, the Employer shall pay all money due to the employee on
the pay day in the pay period next following such quitting or discharge.
Upon separation from employment, the Employee shall return to his immediate
supervisor all Department property in his possession or assigned to him in substantially the same
condition as when received, reasonable wear and tear excepted.
ARTICLE VII - EOillPMENT VIOLATION
Employer agrees to reimburse Employee for payment of fines levied against an employee
as a result of defective equipment in or on an Employer's vehicle being operated by the
Employee. Each driva-\shall be required to inspect his vehicle prior to its being operated in
accordance with the procedure set forth in the New York State .Department of Motor Vehicle
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Chauffeur's Manual.
ARTICLE VIII - PAY PERIOD
All Employees covered hereunder shall be paid in full biweekly on Friday at the earliest
time convenient with both Employer and Employee. When the regular pay day falls on a holiday,
the Employer shall pay the Employees on the last banking day immediately preceding the
holiday.
ARTICLE IX - VACATIONS
A. Employees shall become eligible on their anniversary date to receive paid vacations as
follows:
1 year 5 days
2 years 10 days
6 years 11 days
7 years 12 days
8 years 13 days
9 years - 14days
10years - 15 days
11years - 16 days
12years - 17days
13years - 18days
14 years - 19days
15 years - 20 days
B. Vacation leave shall not be carried over to the following year. Vacation leave shall
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be granted when, in the opinion of the appointing authority, it shall be convenient to the conduct
of the departmental business.
C. The Town of Kinderhook will pay during the first six (6) weeks dwing each calendar
year, at the convenience of the bookkeeping department, an additional wage equal to one fifty-
second (l/52nd) of his total gross wage for the prior calendar year times the number of weeks, or
fraction thereof which such employee would be entitled to receive pursuant to this agreement,
provided such employee has been in the employ of the TOWN OF KINDERHOOK for at least
the last past one year period, subject, however, to a maximum accumulation of an amount equal
to two (2) weeks gross wages. Excluded from this limitation are John Whitebeck, Kevin Costa
and Glen Weaver who each receive three (3) weeks. Newly hired employees hired after January
1, 1994 will be allowed to accrue a maximum of one (1) week's premium pay.
ARTICLE X - HOLIDAYS
All employees covered hereunder shall be entitled to the following holidays, irrespective of the
day of the week in which they will fall:
New Year's Day Independence Day
Employee's Birthday Thanksgiving Day
Labor Day Christmas Day
Veteran's Day Day after Thanksgiving
Good Friday Memorial Day
For the purpose of this Agreement, any of the above designated holidays which fallon a
Sunday shall be observed on the following Monday and any falling on a Saturday shall be
observed on the preceding Friday or the legal designated State holiday, if any. Such holiday shall
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be afforded only to full time employees and provided that the employees shall work the day
before and the day after the recognized holiday. In addition to the foregoing, all employees shall
be entitled to four (4) floating holidays with pay to be granted upon request and approval to the
Superintendent of Highways thirty-six(36) hours in advance.
ARTICLE XI - SICK LEAVE
All employees covered hereunder shall be entitled to a maximum of thirteen (13) days of
sick leave; when such absence is incurred on account of the illness or other disability of the
employee, or a member of the employee's immediate family residing in the household of the
employee at the time of the illness. Employee shall provide a doctor's certificate certifying the
employee's illness or the illness of the employee's immediate family for any illness which
required the absence of the employee for a period in excess of three (3) days consecutively.
Unused sick days may be accumulate~ by the employees to a maximum of sixty (60) sick days,
but no compensation shall be paid for such upon employees' termination from employment.
Employees who have accumulated more than thirteen (13) sick days may surrender the
same for compensation to the Employer at the rate of two (2) days of sick leave for each day of
compensation. Employees may only surrender sick days only during the month of December of
each year. After the surrender employees must maintain a minimum of thirteen (13) days of
accumulated sick leave.
ARTICLE XII - PERSONAL DAYS
All employees covered hereunder shall be entitled to three (3) days personal leave with
pay to be granted upon request to the Superintendent of Highways thirty-six (36) hours in
advance, unless in case of emergency. Such personal leave is not to be deducted from sick leave
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or vacation pay.
ARTICLE XIII - BEREAVEMENT
All employees shall be entitled to three (3) consecutive days absence from employment
with pay, commencing with the date of death, not chargeable to sick leave, for death in family,
i.e., parents of husband and wife, children and spouse.
ARTICLE XIV - ALLOWANCE AND LODGING EXPENSES
Employees required to work extra duty shall be allowed thirty (30) minutes while
remaining under work assignment for meals. Employees will be entitled to a meal allowance of
Eight an 00/100 Dollars ($8.00) after four (4) hours consecutive hours of extra duty. The
employee will be allowed a second Eight and 00/100 Dollars ($8.00) for the second consecutive
period of four (4) hours. However, a maximum of$16.00 will be allowed in any 24 hour period.
ARTICLE XV-PENSION PLAN
Employer shall maintain the present Pension Plan.
ARTICLE XVI - INSURANCE
A. The Employer shall maintain the Health and Welfare Plan administered by the Albany
Area Trucking and Allied Industries, Local 294, Health and Welfare Fund, Tier Three (3)
coverage for all employees and their dependents covered by this Agreement and shall pay 100%
of the premiums for employees and 100% for their dependents provided that the representation
made by the union representative are accurate, regardless of whether such employee wishes his
family to be covered or not. Premiums shall be calculated at the following rates:
Effective Date Single Two-Person Family
Year 2003 $303.03/mo. $555.00/ mo. $635.00/ mo.
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Year 2004 $329.00/ mo. $600.00/mo. $677.00/mo.
Year 2005 $361.00/mo. $639.00/mo. $715.00/mo.
B. Eligibility for insurance as described above will take place only after three (3)
consecutive months from date of entrance of service on behalf of the Employer.
ARTICLE XVII - WORK DAY AND WORK WEEK
A. The employee shall work eight (8) hours per day, five (5) days per week (except
holidays).
B. Employees shall receive overtime pay only after the employees shall have worked in
excess of forty (40) hours during the week or shall have worked in excess of eight (8)
consecutive hours at the rate of one and one-halfhis regular straight time hourly rate.
C. In the event that the employee shall continue to work beyond 12 o'clock midnight
after he shall have continued to work more than eight (8) hours, or shall have been called back to
work, time worked beyond 12 o'clock midnight continue to be paid at time and one-half so long
as he shall work continuously or until the normal day commences.
Do' There will be a guaranteed work week of forty (40) hours between 12:00 A.M.
Monday and 11:59 P.M. Friday, except for the following:
a. Employees own absence, tardiness, or failure to report to work.
b. Casual or part-time employees will not be eligible for guaranteed work week.
c. Paid holidays will count as eight (8) hours toward the forty (40) hours
guaranteed work week.
E. If any employee is called back to work after he has left work to work for the Employer
. at any time other than between the regular working eight (8) hours between Monday and Friday
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he shall return and shall be reimbursed for at least two (2) hours of work provided the employee,
in fact, works during such period of time, provided he returns to work at the .place designated by
the Superintendent of Highways within one (1) hour of the time when he is notified to so return.
All employees are hereby affirmatively obligated to so return within such period of time.
"Except In case of a personal emergency on the part of the employee."
ARTICLE XVIII - TIME AND PAY RECORDS
The town shall have the option of installing a digital punch clock and the employees shall
be required to comply with the regulations of the Superintendent of Highways hereafter so
established in connection with such punch clock. In the event that the Town so elects to install
such a punch clock and the Superintendent of Highways establishes regulations in connection
with same, no employee shall be paid his or her salary under the terms of this contract unless he
has complied with the regulations so established with regard to such punch clock.
On all regular pay days, the employee shall receive his pay check from the Town, a
receipt showing hours worked, both straight time and overtime, and itemization of all deductions
taken by the Town from gross pay.
ARTICLE XIX - SAFETY SHOES OR WORK-RELATED CLOTHES
Each employee shall be entitled to an allowance of One Hundred Seventy-Five and
00/100 Dollars ($175.00) per year to defer the cost of purchasing safety shoes or work-related
clothing.
Payment to the employee shall be made by the Town during the month of January. A
Town voucher is to be submitted by the employee. Each employee shall wear safety shoes during
work hours with the exception of the time spent cutting brush in snow.
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ARTICLE XX - GENERAL CONDITIONS OF EMPLOYMENT INCLUDING
SENIORITY. LAYOFF AND RECALL. AND MAINTENANCE OF STANDARD
Employee shall be placed on the seniority list after sixty (60) days of employment
as of his first date of hire. The first sixty (60) days shall constitute a probationary period of
employment. Seniority shall accrue and be determined in accordance with length of employment
within the bargaining unit covered by this Agreement.
A. Loss of Seniority:
Seniority shall be broken only by:
a. Lawful discharge; and
b. Voluntarily quit.
B. Layoff and Recall:
When it becomes necessary to reduce the working force, the last man on the
seniority list shall be laid off first, and when the force is again increased, the employees are to be
returned to work in the reverse order in which they were laid off, provided they are qualified.
When it becomes necessary to hire employees to work overtime, the senior employees shall be
given the first opportunities provided they shall be qualified to perform the work required.
ARTICLE XXI - WAGES
A. Effective January 1, 2003, the wage rate shall be as follows:
a. Laborer - $12.32
b. Machinery and equipment - $13.57
c. Foreman - $14.82
d. Project Leader - $ 14.57
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Effective January 1, 2004, the wage rate shall be as follows:
a. Laborer - $12.69
b. Machinery and equipment - $13.98
c. Foreman - $15.23
d. Project Leader - $ 14.98
Effective January 1,2005 the wage rate shall be as follows:
a. Laborer - $13.07
b. Machinery and equipment -$14.40
c. Foreman - $15.65
d. Project Leader - $ 15.40
B. Additional Compensation: At the direction of the Employer and with the consent of
the employee, individuals with the classification of laborer or motor equipment operator may
perform certain mechanical work on trucks and equipment of the Employer. Such work shall
include replacing lights, batteries, starters and the like. Mechanical work does not include the
installation of snow plows and chains on said vehicle. For the actual time spent performing such
mechanical duties employees shall receive additional compensation. Such compensation shall be
paid according to the terms and conditions as set forth on Schedule A attached hereto.
C. Position of Project Leader: The Town may create two new positions of Project
Leader.
The employees chosen to fill these positions will be working in a sub- foreman
compasity .
The actual job description and choice of who fills these positions will be managements
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prerogative. Compensation for these positions will be paid according to the terms and
conditions as set forth in Article XXI Wages.
ARTICLE XXII WORKERS' COMPENSATION PAYMENT
Employees covered hereunder who are injured while on duty in the course of their
employment and thus entitled to Workers' Compensation payments shall be compensated in the
following manner:
Any payment received as Workers' Compensation benefits for absence for which the
employee also received full sick leave pay will be returned to the Employer as long as the
employee receives full salary. The employee shall be entitled to retain any Workers'
Compensation benefits for any period for which sick pay is not paid or payable.
ARTICLE XXIII - DURATION CLAUSE
This Agreement shall be in force and effect from January 1, 2003 to December 31, 2005
ARTICLE XXIV -GRIEVANCE PROCEDURE
Any dispute or grievance arising concerning the interpretation of the terms of this
contract or the rights claimed to exist thereunder shall be processed in accordance with the
following procedure:
Step # 1: The employee grieved shall present said grievance to the Highway
Superintendent and the Superintendent will answer said grievance within forty-eight (48) hours.
Step #2: In the event that the grievance is not resolved as per Step #1, the grieved shall
present said grievance to the Town Board. The Town Board shall have five (5) days in which to
render a determination.
Step #3: In the event that the grievance is not resolved as per Step #2, either party may
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within five (5) days after the determination in Step #2 request that a third party, agreeable to both
the Employer and Local 294, shall mediate the grievance and shall make recommendations with
regard to its resolution.
Step #4: If anyone objects to the resolution suggested by the third party, they may, within
five (5) days from the receipt of such resolution submit the grievance or grievances at issue to
the Public Employees Relations Board pursuant to said Agencies Rules and Regulations for
voluntary submission of controversies to final and binding arbitration. The resulting decisions
shall be final and binding on the Employer and employee.
ARTICLE XXV - PRE-EMPLOYMENT PHYSICALS
All employees shall submit to a pre-employment physical examination pursuant to the
requirements of the Columbia County Mutual Self-Insurance Plan.
ARTICLE XXVI - WORK BREAK
The employee shall be allowed and provided a fifteen (15) minute break from work in the
morning and a fifteen (15) minute break from work in the afternoon.
ARTICLE XXVII - RETIREE HEALTH INSURANCE
The Employer agrees to pay one-half (~) of the health insurance coverage for eligible
retired employees and their dependents.
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. .
GENERAL STATEMENT
It is further understood by both parties that there shall be no amendments, deletions,
additions to the contract between EMPLOYER and EMPLOYEE unless agreed to by both the
parties. All Articles and Assurances as now contained in the contract shall remain in full force
and effect.
DATED: )/, 1) , 2003
£~t~
Supervisor
Town ofK.inderhook
Columbia County, New York
Jo Bulgaro
P sident
Teamsters Local 294
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SCHEDULE A
A. ADDITIONAL COMPENSATION: At the direction of the employer and with the
consent of the employee, individuals with the classification of the Foreman, Motor Equipment
Operator and Laborer may perform certain mechanical work on trucks and equipment of the
employer. Such work shall include replacing lights, batteries, starters, and the like. Mechanical
work does not include the installation of snow plows and tire chains on said vehicle. For the
actual time spent performing such mechanical duties employees shall receive additional
compensation. Such compensation shall be as follows:
Such additional compensation shall be an additional sixty cents (.60) per hour.
B. APPOINTMENT OF EMPLOYEE: The machinery Equipment Operator/Mechanic
shall be appointed by the Highway Superintendent and serve at his pleasure within the budgetary
provisions of the Town Board of the Town.
C. SENIORITY: In the event that the employee appointed to the position is received of
it or voluntarily resigns the referred title, he will then revert to his original title without loss of
seniority. His hourly wage will then become commensurate to that of other employees of equal
rank and status.
D. DUTIES OF THE EMPLOYEE: The employee shall perform such duties and have
such responsibility as may be assigned by the Highway superintendent as it relates to the
maintenance and preventative maintenance of all vehicles and equipment as owned by the Town
of Kinderhook. The employee shall make light repairs and improvement to said vehicles and
equipment within the scope of his knowledge and expertise. He will not be required to make
heavy duty repairs to said vehicles and equipment. The exclusion will include but be limited to
all aspects of drive trains of vehicles, engines, suspensions, tires or perform other duties which in
the mind of a responsible person would be considered heavy as opposed to light repair and
improvement.
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