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HomeMy WebLinkAboutAgreement_General_8/8/2019_John "Jay" Kuper SettlementVillage 345 Tequesta Drive Tequesta, FL 33469 of TequestOC v'6t of lrp4f�a A irk Coin To: Honorable Mayor and Village Council Thru: Jeremy Allen, Village Manager From: Merlene Reid, H.R. Director Date: July 21, 2019 Subject: John "Jay" Kuper — Settlement Agreement 561-768-0700 www.tequesta.org Water Distribution Service Technician John Kuper was terminated July 2018 for insubordination. The CWA union took the matter to arbitration requesting full reinstatement with back pay, and on June 12, 2019, the arbitrator ruled that Mr. Kuper be reinstated with his seniority intact, without back pay or emoluments for the prior 11 - month period. Payroll estimates the cost of Mr. Kuper's total compensation for July 2018 to June 2019 to be $58,807. The newest Water Plant Trainee hired July 2018, who would be terminated to accommodate the arbitrator's reinstatement award, received an estimated total compensation package of $46,949 for the same period, a difference of $11,858. With back -pay demands denied, the CWA and Mr. Kuper requested a settlement where Mr. Kuper would agree not to return to the Village, and the Village would provide Mr. Kuper with a neutral letter acknowledging his dates of employment. The CWA president also expressed concerns with terminating the newest bargaining member. As the Village similarly preferred to retain the newer employee who is a diligent worker, a settlement was reached at $15,000 (down from the $25,000 requested) and executed on June 12, 2019 (copy attached). Council is also being advised that arbitration hearings are not covered by insurance and the associated attorney's costs was $69,165, paid from the Utilities funds. Vice -Mayor Kristi Johnson Mayor Abby Brennan Council Member Laurie Brandon Village Manager Jeremy Allen Council Member Vince Arena Council Member Kyle Stone HUMAN RESOUROIEs Settlement Agreement JUN f 1 2019 Between Village of Tequesta And John Kuper and Communications Workers of America, Local 3181 1. John Kuper (Kuper) had been employed in the Tequesta Water Department for more than ten (10) years. He was a member of a bargaining unit represented by the Communications Workers of America, Local 3181 (CWA). 2. On July 23, 2018, Village Manager Michael Couzzo terminated Kuper for insubordination. 3. Kuper and CWA grieved Kuper's termination through an arbitration hearing presided over by Arbitrator Carl G. Chernoff on March 11, 2019. 4. Arbitrator Chernoff found Kuper to be guilty of insubordination, but found there was not proper cause to terminate Kuper's employment. Chernoff ordered Kuper to be reinstated by the Village as soon as reasonably possible, with his seniority preserved, but without any other emoluments of employment, such as retroactive pay, benefits, etc. 5. The parties (Village of Tequesta, Kuper, and CWA) have agreed to the following full, complete, and final settlement of this matter. a. Kuper will not return to employment with Tequesta. He will forever and permanently give up any rights he may have to employment with the Village, and he will not at any time in the future apply for or seek reemployment with the Village. b. In return, the Village will pay Kuper the sum of $15,000. Kuper agrees that he will be responsible for tax liability, if any, on the settlement proceeds. The parties agree that the settlement amount provided for in this agreement does not include any back pay or front pay. Kuper and CWA agree to hold the Village harmless and to indemnify the Village for ' -/a 19 any tax liabilities to Kuper as a result of the settlement. The settlement amount will be mailed to Kuper within thirty (30) days of the date that this agreement is fully executed by the parties. c. The Village will provide Kuper with a neutral letter from the Village acknowledging his service with the Village for the dates of his employment. 6. As further consideration for the items provided for in this Agreement, Kuper and the CWA hereby release, acquit, satisfy and forever discharge the Village and its agents, insurers, employees, successors, and assigns from any and all manner of action, causes of action, suits, grievances, claims, and demands of any kind, known and unknown, including, but not limited to the claims made by Kuper in the aforesaid grievance and arbitration. 7. Each party agrees to bear their own costs and fees, including attorneys fees. Agreed to this .� day of G 2019 For the Employee: For CWA, Local 3181 Richard Poulette, President For the Village of T Weinand, Acting Village Manager Village 345 Tequesta Drive Tequesta, FL 33469 June 12, 2019 John Kuper 3487 Canal Court Tequesta, FL 33469 a � Jam' ;fir fl {ze coup 561-768.0700 www.tequesta.org This serves to confirm that John Kuper was employed by The Village of Tequesta as a Service Technician I from May 12, 2008 to June 10, 2019. Sincerely, 1WvSes Weinanj Acting Village Manager v1e�.c-'°ria'yvi ni iii wiiii5uik iriiajiui rwuy urciki'aik ar.C,uieui VICk11R/Cf rii'Ce nrciia Council Member Laurie Brandon Council Member Kyle Stone