On December 01, 2023 a
Exhibit,Appendix
was filed
involving a dispute between
Westchester County Correction Officers Benevolent Association, Inc.,
and
Westchester County,
for Special Proceedings - CPLR Article 75
in the District Court of Westchester County.
Preview
) OUN INDEX NO. 71570/2023
NYSCEF BOC. NO. 5 RECEIVED NYSCEF: 12/01/2023
Verified Petition
Exhibit C
= OUN NK 09:0 AW INDEX NO. 71570/2023
NYSCEF boc - NO RECEIVED NYSCEF: 12/01/2023
WESTCHESTER COUNTY CORRECTION OFFICERS oT ORR
&
BENEVOLENT ASSOCIATION aa, ee
Sica
15 RESERVOIR RD
WHITE PLAINS NY, 10603
TELEPHONE: 914-773-0436 COBA)
FAX:914-773-0439
NY,
WWW.WESTCHESTERCOBA.ORG ten, so
23-11-126
AMENDED GRIEVANCE FORM
All sion
GRIEVANT’S NAME: Steven Torsiello on behalf
of all similarly affected officers.
DATE SUBMITTED: November 22, 2023, Amended November 28, 2023
WESTCHESTER COUNTY CORRECTION OFFICERS BENEVOLENT ASSOCIATION, INC. (C.O.B.A.) is instituting a
grievance for violation of ARTICLE XII HOLIDAY WITH PAY, ARTICLE XIII VACATION WITH PAY, Article XIII —
MAINTENANCE OF STANDARDS, Article XXI - “CONFORMITY WITH LAW” - of the present Agreement between the
County of Westchester and Westchester County Correction Officers Benevolent Association (C.O.B.A.) and any pertinent agreements,
awards, and past practice.
THE FACTS OF THE GRIEVANCE ARE AS FOLLOWS:
This grievance is submitted on behalf of all Similarly affected Officers (hereinafter known as the Parties Injured) who are deprived
of their right to use time-offin accordance with existing policies and practices. As a result, all affected officers’ rights as guaranteed the
AGREEMENT BETWEEN COUNTY OF WESTCHESTER AND C.O.B.A., and any pertinent agreements, awards, past practice,
policies, or laws, were violated by Westchester County and its agent, the Department of Correction.
)) October 26, 2023, it was brought to COBA’s attention that the members participating in the annual time off pick
process for 2024 were unable to take time off for weeks that they were able to take off in previous years.
2) COBA addressed this issue with Warden Vollmer on or October 26, 2023. Warden Vollmer stated that the DOC
calculated the number of available time off lines/slots for 2024 based on the proper requirements. Upon
information and belief, the long-standing practice has been calculating the number of available slots based on the
number of weeks off that officers in a particular shift and Division are owed.
3) COBA informed the department that these numbers appear too low to accommodate the necessary need to apply
vacation time satisfactorily.
4) These changes violated the long-standing practice for calculating the number of available time off lines/slots. They
reduced the number so significantly that it has impeded officers’ rights to use their vacation time, which is a
negotiated benefit, effectively rendering it a nullity.
5) On November 20, 2023, the department arbitrarily added vacation lines to weeks to compensate for the low levels
provided. However, this violates the vacation pick right based on seniority because the weeks now are only
available to some officers, and not every officer in order by seniority.
6) On November 20, 2023 and November 21, 2023 multiple officers voiced their concerns to 2nd Vice-President
Steven Torsiello, all requesting grievances for the weeks that were not offered to them, Which as explained above
now are made available to junior officers in seniority. This violation circumvents the seniority rights in respect to
vacation picks guaranteed by the CBA. They are all to be known as the parties injured.
=: INDEX NO. 71570/2023
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 12/01/2023
WESTCHESTER COUNTY CORRECTION OFFICERS gene RR
‘ei
CuI %
BENEVOLENT ASSOCIATION
j 15 RESERVOIR RD
WHITE PLAINS NY, 10603
TELEPHONE: 914-773-0436
FAX:914-773-0439 ¢
WWW.WESTCHESTERCOBA.ORG cea 5990”
Reply First Step:
Date:
Signature:
Reply Second Step:
Date:
Signature:
Reply Third Step:
Date:
Signature:
Date to Arbitration:
= OUN NK 09:0 AW INDEX NO. 71570/2023
NYSCEF boc - NO RECEIVED NYSCEF: 12/01/2023
WESTCHESTER COUNTY CORRECTION OFFICERS oT ORR
raz
/ Fa BENEVOLENT ASSOCIATION
&
aa, ee
Sica
"2,
we ‘i yx
15 RESERVOIR
WHITE
RD
PLAINS NY, 10603
TELEPHONE: 914-773-0436 COBA)
NY, $
FAI 4-773-0439
“¢
WWW.WESTCHESTERCOBA.ORG Lee a5s0 oe
THE REMEDY SOUGHT IS:
1) The County of Westchester and its agent, The Department and Correction, cease and desist of the above practice.
2) The 2024 Vacation Pick process to stop and be restarted & conducted so that all weeks are offered to all officers by their
seniority.
3) Reinstate the number of available time off lines/slots for each week consistent with past practice
4) Vacation Picks are to be offered according to seniority as guaranteed by the CBA and past practice.
5) Crediting of lost time off lines/ slots for any officer adversely affected by the change in formula and/or reduction of slots.
6) Any other relief deemed just and proper.
7) All Rights Reserved Without Prejudice!
GRIEVANT SIGNATURE WCOBA Second Vice President
Stan Farsielle WCOB] 2nd VP.
=: INDEX NO. 71570/2023
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 12/01/2023
WESTCHESTER COUNTY CORRECTION OFFICERS gene RR
‘ei
CuI %
BENEVOLENT ASSOCIATION
j 15 RESERVOIR RD
WHITE PLAINS NY, 10603
TELEPHONE: 914-773-0436
FAX:914-773-0439 ¢
WWW.WESTCHESTERCOBA.ORG cea 5990”
Reply First Step:
Date:
Signature:
Reply Second Step:
Date:
Signature:
Reply Third Step:
Date:
Signature:
Date to Arbitration:
Document Filed Date
December 01, 2023
Case Filing Date
December 01, 2023
Category
Special Proceedings - CPLR Article 75
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Preview
) OUN INDEX NO. 71570/2023 NYSCEF BOC. NO. 5 RECEIVED NYSCEF: 12/01/2023 Verified Petition Exhibit C = OUN NK 09:0 AW INDEX NO. 71570/2023 NYSCEF boc - NO RECEIVED NYSCEF: 12/01/2023 WESTCHESTER COUNTY CORRECTION OFFICERS oT ORR & BENEVOLENT ASSOCIATION aa, ee Sica 15 RESERVOIR RD WHITE PLAINS NY, 10603 TELEPHONE: 914-773-0436 COBA) FAX:914-773-0439 NY, WWW.WESTCHESTERCOBA.ORG ten, so 23-11-126 AMENDED GRIEVANCE FORM All sion GRIEVANT’S NAME: Steven Torsiello on behalf of all similarly affected officers. DATE SUBMITTED: November 22, 2023, Amended November 28, 2023 WESTCHESTER COUNTY CORRECTION OFFICERS BENEVOLENT ASSOCIATION, INC. (C.O.B.A.) is instituting a grievance for violation of ARTICLE XII HOLIDAY WITH PAY, ARTICLE XIII VACATION WITH PAY, Article XIII — MAINTENANCE OF STANDARDS, Article XXI - “CONFORMITY WITH LAW” - of the present Agreement between the County of Westchester and Westchester County Correction Officers Benevolent Association (C.O.B.A.) and any pertinent agreements, awards, and past practice. THE FACTS OF THE GRIEVANCE ARE AS FOLLOWS: This grievance is submitted on behalf of all Similarly affected Officers (hereinafter known as the Parties Injured) who are deprived of their right to use time-offin accordance with existing policies and practices. As a result, all affected officers’ rights as guaranteed the AGREEMENT BETWEEN COUNTY OF WESTCHESTER AND C.O.B.A., and any pertinent agreements, awards, past practice, policies, or laws, were violated by Westchester County and its agent, the Department of Correction. )) October 26, 2023, it was brought to COBA’s attention that the members participating in the annual time off pick process for 2024 were unable to take time off for weeks that they were able to take off in previous years. 2) COBA addressed this issue with Warden Vollmer on or October 26, 2023. Warden Vollmer stated that the DOC calculated the number of available time off lines/slots for 2024 based on the proper requirements. Upon information and belief, the long-standing practice has been calculating the number of available slots based on the number of weeks off that officers in a particular shift and Division are owed. 3) COBA informed the department that these numbers appear too low to accommodate the necessary need to apply vacation time satisfactorily. 4) These changes violated the long-standing practice for calculating the number of available time off lines/slots. They reduced the number so significantly that it has impeded officers’ rights to use their vacation time, which is a negotiated benefit, effectively rendering it a nullity. 5) On November 20, 2023, the department arbitrarily added vacation lines to weeks to compensate for the low levels provided. However, this violates the vacation pick right based on seniority because the weeks now are only available to some officers, and not every officer in order by seniority. 6) On November 20, 2023 and November 21, 2023 multiple officers voiced their concerns to 2nd Vice-President Steven Torsiello, all requesting grievances for the weeks that were not offered to them, Which as explained above now are made available to junior officers in seniority. This violation circumvents the seniority rights in respect to vacation picks guaranteed by the CBA. They are all to be known as the parties injured. =: INDEX NO. 71570/2023 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 12/01/2023 WESTCHESTER COUNTY CORRECTION OFFICERS gene RR ‘ei CuI % BENEVOLENT ASSOCIATION j 15 RESERVOIR RD WHITE PLAINS NY, 10603 TELEPHONE: 914-773-0436 FAX:914-773-0439 ¢ WWW.WESTCHESTERCOBA.ORG cea 5990” Reply First Step: Date: Signature: Reply Second Step: Date: Signature: Reply Third Step: Date: Signature: Date to Arbitration: = OUN NK 09:0 AW INDEX NO. 71570/2023 NYSCEF boc - NO RECEIVED NYSCEF: 12/01/2023 WESTCHESTER COUNTY CORRECTION OFFICERS oT ORR raz / Fa BENEVOLENT ASSOCIATION & aa, ee Sica "2, we ‘i yx 15 RESERVOIR WHITE RD PLAINS NY, 10603 TELEPHONE: 914-773-0436 COBA) NY, $ FAI 4-773-0439 “¢ WWW.WESTCHESTERCOBA.ORG Lee a5s0 oe THE REMEDY SOUGHT IS: 1) The County of Westchester and its agent, The Department and Correction, cease and desist of the above practice. 2) The 2024 Vacation Pick process to stop and be restarted & conducted so that all weeks are offered to all officers by their seniority. 3) Reinstate the number of available time off lines/slots for each week consistent with past practice 4) Vacation Picks are to be offered according to seniority as guaranteed by the CBA and past practice. 5) Crediting of lost time off lines/ slots for any officer adversely affected by the change in formula and/or reduction of slots. 6) Any other relief deemed just and proper. 7) All Rights Reserved Without Prejudice! GRIEVANT SIGNATURE WCOBA Second Vice President Stan Farsielle WCOB] 2nd VP. =: INDEX NO. 71570/2023 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 12/01/2023 WESTCHESTER COUNTY CORRECTION OFFICERS gene RR ‘ei CuI % BENEVOLENT ASSOCIATION j 15 RESERVOIR RD WHITE PLAINS NY, 10603 TELEPHONE: 914-773-0436 FAX:914-773-0439 ¢ WWW.WESTCHESTERCOBA.ORG cea 5990” Reply First Step: Date: Signature: Reply Second Step: Date: Signature: Reply Third Step: Date: Signature: Date to Arbitration: