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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