078.2009RESOLUTION ACKNOWLEDGING ARBITRATOR'S OPINION
AND AWARD CONCERNING GRIEVANCE OF
RICHARD "PETER" FLEWELLING
RESOLUTION NO.: 78, 2009
INTRODUCED BY: Mr. Ronald Montesi
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Daniel Stec
WHEREAS, Richard "Peter" Flewelling (Flewelling), an employee of the Town of Queensbury
Highway Department, is a member of the Queensbury Unit of the Civil Service Employees
Association, Inc., (CSEA), and
WHEREAS, Flewelling and CSEA pursued a grievance alleging that Flewelling was
improperly denied a promotion to the position of Working Foreman, and
WHEREAS, the grievance proceeded to arbitration in accordance with the agreement between
the Town Board and CSEA, and the Arbitrator has made his Opinion and Award (Award) dated June
25th, 2008, and
WHEREAS, the Arbitrator ruled that the Town should have promoted Flewelling to the
Working Foreman position and therefore, the Town must assign Flewelling to this position and pay
Flewelling back pay for the position retroactive to the date of the Working Foreman appointment of
Peter Smith, and
WHEREAS, the Decision of the Arbitrator was upheld on appeal to the Supreme Court,
Warren County by Decision and Order dated December 31st, 2008 and the Town Board is required to
abide by the Arbitrator's Award, and
WHEREAS, the Town Budget Officer has calculated the amount of retroactive pay due
Flewelling through January 18th, 2009 and the Town Board concurs with the calculations, and
WHEREAS, the Town, in accordance with the Award, assigned Flewelling to the duties of
Working Foreman on January 20d`, 2009 with all wages and benefits of that position,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby acknowledges the Arbitrator's Opinion
and Award concerning the arbitration of Richard "Peter" Flewelling and will abide by all provisions of
the Opinion and Award, including the promotion of Flewelling to the position of Working Foreman,
and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to pay
Flewelling back pay in the approximate amount of $17,605.34 as calculated by the Town Budget
Officer representing all wages, including overtime, that Flewelling could have earned in the position of
Working Foreman from May 14d`, 2007 through January 18dr, 2009, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes the Town Supervisor, Town Counsel,
Town Highway Superintendent and/or Town Budget Officer to take such other and further action as
maybe necessary to effectuate all terms of the Arbitrator's Opinion and Award and this Resolution.
Duly adopted this 23rd day of February, 2009 by the following vote:
AYES: Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough
NOES: None
AB SENT:None