189.2000
RESOLUTION ACKNOWLEDGING ARBITRATOR’S OPINION AND
AWARD CONCERNING GRIEVANCE OF ROBERT WESCOTT
RESOLUTION NO.: 189, 2000
INTRODUCED BY: Mr. Daniel Stec
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, Robert Wescott (Wescott), 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, Wescott and CSEA pursued a grievance alleging that Wescott was improperly
denied a promotion to the position of Working Forman, and
WHEREAS, the grievance proceeded to arbitration in accordance with the agreement between
the Town Board and CSEA, and the Arbitrator has made her Opinion and Award (Award) dated
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March 30, 2000, and
WHEREAS, the Arbitrator ruled that the Town should have promoted Wescott to the
Working Foreman position and therefore, the Town must assign Wescott to this position and pay
Wescott back pay for the position retroactive to the date of the Working Foreman appointment, and
WHEREAS, the Town Board is supportive of the arbitration process and wishes to
acknowledge and abide by the Arbitrator’s Award, and
WHEREAS, the Town Comptroller has calculated the amount of retroactive pay due Wescott
through April 5, 2000 and the Town Board concurs with the calculations, and
WHEREAS, the Town, in accordance with the Award, assigned Wescott to the duties of
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Working Foreman on April 6, 2000 with all wages and benefits of that position,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby acknowledges the
Arbitrator’s Opinion and Award concerning the arbitration of Robert Wescott and will abide by all
provisions of the Opinion and Award, including the promotion of Wescott to the position of Working
Foreman, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Comptroller’s Office to
pay Wescott back pay in the approximate amount of $8,130.60 as calculated by the Town
Comptroller’s Office representing all wages, including overtime, that Wescott could have earned in the
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position of Working Foreman from December 2, 1998 through April 5, 2000, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes the Town Supervisor, the Highway
Superintendent and/or the Town Comptroller to take such other and further action as may be necessary
to effectuate all terms of the Arbitrator’s Opinion and Award and this Resolution.
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Duly adopted this 17 day of April, 2000 by the following vote:
AYES : Mr. Brewer, Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brower
NOES : None
ABSENT : None