Title
Dept/ Agency: Law
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Purpose: Settlement of Labor Matter
Docket No.: PERC Dkt. No. AR-2019-027
Claimant: Dorinda McLaughlin
Claimant's Attorney: Lynsey Stehling, Esq.
Attorney's Address: The Law Office of Daniel J. Zirrith, LLC, of Monroe Township, New Jersey 08831
Settlement Amount: $53,243.80
Funding Source: 2018 Budget/Law Department/Business Unit NW025: Dept.: 25T, Div./Proj.7T25, Account #963340 Budget Ref: B2018
Additional Comments:
Settlement includes payment of $53,243.80 (not subject to pension and customary deductions) and retroactive pay at maximum salary, Step 9 for the title of Research Supervisor from January 1, 2020).
Invitation: Corporation Counsel (date to be entered by Clerk’s Office)
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WHEREAS, Grievant Dorinda McLaughlin (“McLaughlin”) works for the City of Newark City (“City”) as Research Supervisor (Title Code 03072); and
WHEREAS, from July 3, 2011 through November 21, 2011, McLaughlin worked out of title as a Supervising Administrative Analyst; and
WHEREAS, on or about November 21, 2011, following a response from the Civil Service Commission, she was removed from the Supervising Administrative Analyst title and returned to the Research Supervisor title Step 1 of the salary scale, instead of Step 9; and
WHEREAS, on July 13, 2018, Newark Council 21, IFPTE, AFL-CIO (“Newark Council 21”or “Union”), the exclusive bargaining unit for all white collar and certain professional employees of the City, filed a Grievance on behalf of McLaughlin with the State of New Jersey Public Employment Relations Commission (“PERC”), IMO Dorinda McLaughlin, PERC Dkt. No. AR-2019-027 arguing that the City failed to compensate McLaughlin pursuant to the Collective Negotiations Agreement (“CNA”), Article II, Managerial Rights, A-D, Article VII Overtime, A and B and Article VIII, Compensation, as well as the Compensation Plan and past practice; and
WHEREAS, the parties desire to resolve this grievance pursuant to the attached Settlement Agreement and General Release (“Agreement”), with the Rider to the Settlement Agreement and General Release (“Rider”) and payment of the agreed upon settlement sums (“Settlement Sum”); and
WHEREAS, as part of the Agreement, the Parties consent to the following: (1) effective January 1, 2020, McLaughlin will be placed at the maximum salary, Step 9 for Research Supervisor (40 hour work week) and will receive pay associated with the change from January 1, 2020, through the date in which the salary change is effectuated by the City; (2) McLaughlin will receive a lump sum payment (not subject to pension and customary deductions) of $16,261.80 for the performance of duties associated with the Supervising Administrative Analyst title from July 3, 2011 through November 3, 2011; and (3) McLaughlin will receive a lump sum payment of $36,982.00 (not subject to pension and customary deductions) in consideration of resolving the matter and withdrawing the grievance, for a total Settlement Sum of Fifty-Three Thousand Two Hundred Forty-Three Dollars and Eighty Cents ($53,243.80) (see, Agreement and Rider attached hereto); and
WHEREAS, the City agrees that payment will be made within forty-five (45) days of the date of the Municipal Council’s approval of the Agreement and Rider; and
WHEREAS, given all the facts and circumstances, and the cost of continued litigation, the Corporation Counsel recommends that it is in the best interest of the City to resolve the matter pursuant to the terms contained herein and to authorize him to effectuate the settlement.
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY THAT:
1. The Corporation Counsel is authorized to execute the Settlement Agreement and Release with Rider between the City of Newark and Grievant Dorinda McLaughlin, IMO Dorinda McLaughlin, PERC Dkt. No. AR-2019-027.
2. The Mayor of the City of Newark and/or his designee, the Corporation Counsel are authorized to obtain, enter into and execute any other documents, sufficient in form and content to the Corporation Counsel, and take whatever action necessary to effectuate the terms of the within resolution and settlement of this matter pursuant to the terms contained in this resolution and Settlement Agreement.
3. McLaughlin agrees to accept the terms of the Settlement Agreement and Rider.
4. Effective January 1, 2020, McLaughlin will be placed at the maximum salary, Step 9 for Research Supervisor (40 hour work week) and will receive retroactive pay associated with the change in salary from January 1, 2020, through the date in which the salary change is effectuated by the City.
5 The Director of the Department of Finance is hereby authorized to issue a check to: Dorinda McLaughlin, of Newark, New Jersey 07104, in the amount of Fifty-Three Thousand Two Hundred and Forty-Three Dollars and Eighty Cents ($53,243.80) not subject to pension and customary deductions, for the purpose set forth herein above, which states that the line appropriation of the official budget shall be charged is the Department of Business Unit NW025: Dept.: 25T, Div./Proj.7T25, Account #963340 Budget Ref: B2021.
6. The Corporation Counsel shall file a copy of the adopted resolution and fully executed Settlement Agreement and General Release and Rider in the Office of the City Clerk.
7. This resolution shall be effective upon adoption in accordance with applicable State law.
STATEMENT
This resolution authorizes the Corporation Counsel, on behalf of the City of Newark, to enter into a Settlement Agreement and General Release and Rider to settle a grievance, IMO Dorinda McLaughlin, PERC Dkt. No. AR-2019-027, wherein she will be placed at the maximum salary, Step 9 for Research Supervisor (40 hour work week) and receive retroactive pay associated with the salary change from January 1, 2020, through the date in which the salary change is effectuated by the City, and receive a lump sum settlement in the amount of $53,243.80, in exchange for Grievant’s dismissal of any and all claims against the City of Newark and its employees and a complete release as it relates to this action.