UNIT C
Secretaries
AGREEMENT
BETWEEN THE
AND THE
Local 1044, AFT, AFL-CIO
July 1, 2005
Through
June 30, 2009
Richard Dowd, President
Edwina Kwan, Clerk
John Kelley
Kimberly Shaw
Mary Ann Melizzi-Golja
Thomas Vaughan
Sandra Ziehm
Michael Clemons
Christopher Hottel, Superintendent
of Schools
Stephen Jakubowski, Devine, Millimet & Branch
Jackie McKnight, President
Charles A.
Reynolds, Vice President
Judith Geer, Secretary
Paul Pollard, Treasurer
Jackie McKnight
Teresa D. Donovan, Esquire, AFT-NH
TABLE OF CONTENTS
Article I................. Recognition....................................................................................................................................................... 6
Article II............... Definitions......................................................................................................................................................... 7
Article III............. Grievance Procedure....................................................................................................................................... 7
4:1......................... Basic Wage
Schedule.................................................................................................................................... 10
4:2......................... Overtime.......................................................................................................................................................... 11
4:3......................... Anniversary
Date........................................................................................................................................... 11
4:4......................... Method of
Payment of Compensation..................................................................................................... 11
4:5......................... Holidays.......................................................................................................................................................... 11
4:6......................... Vacations........................................................................................................................................................ 12
4:7......................... Longevity........................................................................................................................................................ 14
4:8......................... Educational
Benefits.................................................................................................................................... 14
4:9......................... Leave for
Conferences and Workshops………………………………………….............................. 14
4:10....................... Mileage Allowance........................................................................................................................................ 15
4:11....................... Severance Pay................................................................................................................................................ 15
4:12....................... Out of Grade
Pay………………………………………………………………………………. ...... 15
5:1......................... Workers'
Compensation............................................................................................................................... 15
5:2......................... Pension............................................................................................................................................................ 16
5:3......................... Tax-Sheltered
Annuities............................................................................................................................... 16
5:4......................... Health Benefits.............................................................................................................................................. 16
5:5......................... Life Insurance................................................................................................................................................ 18
5:6......................... Supplemental
Injury Benefits..................................................................................................................... 18
5:7......................... Dental Coverage............................................................................................................................................ 19
6:1......................... Sick Leave...................................................................................................................................................... 19
6:2......................... Sick Leave
Bank………………………………………………………………………………......... 20
6:3......................... Personal Leave............................................................................................................................................... 20
6:4......................... Bereavement
Leave...................................................................................................................................... 21
6:5......................... Released Time................................................................................................................................................ 21
6:6......................... Extended Leave............................................................................................................................................. 21
6:7......................... Court
Appearances....................................................................................................................................... 21
6:8......................... Military
Service.............................................................................................................................................. 22
6:9......................... Selective
Service Tests.................................................................................................................................. 22
6:10....................... Continuation of
Insurance.......................................................................................................................... 22
6:11....................... Federal and State
Compliance.................................................................................................................... 22
7:1......................... Employment
Status...................................................................................................................................... 22
7:2......................... Seniority.......................................................................................................................................................... 22
7:3......................... Personnel Files................................................................................................................................................ 22
7:4......................... Discrimination................................................................................................................................................ 23
7:5......................... Rules,
Regulations and Policies................................................................................................................... 23
7:6......................... Workday and
Work Year............................................................................................................................. 23
7:7......................... Tuberculin
Testing......................................................................................................................................... 24
7:8......................... Evaluations..................................................................................................................................................... 24
7:9......................... Reduction in
Hours....................................................................................................................................... 24
7:10....................... Dispensing of
Medication............................................................................................................................ 25
7:11....................... Reduction in
Staff......................................................................................................................................... 25
7:12....................... Recall............................................................................................................................................................... 26
7:13....................... Professional
Development.. …………………………………………………………………………27
8:1......................... Transfers,
Promotions and New Positions................................................................................................. 27
8:2......................... Posting............................................................................................................................................................. 28
8:3......................... Interviews for
Positions………………………………………………………………………........... 28
8:4......................... Probation and
Transfer Regulations.......................................................................................................... 28
TABLE OF CONTENTS
Article IX..............
Article X............... Union Privileges and
Responsibilities......................................................................................................... 29
Article XI.............. Resolution of Differences
By Peaceful Means........................................................................................ 31
Article XII............ Conformity to Law and Saving
Clause..................................................................................................... 31
Article
XIII.......... Miscellaneous
Provisions............................................................................................................................. 31
Article XIV........... Duration of Agreement................................................................................................................................. 32
Appendices
A-1 . Wages.............................................................................................................................................................. 33
to A-4
Appendix B......... Dues Authorization....................................................................................................................................... 35
Appendix
B-1 Agency Fee Authorization... ……………………………………………………………………...…36
Sidebar................. Ratification / Approval
Process and Application of Benefits…………………………………....... 37
Sidebar................. Employees Above Wage
Rate…………………………………………………………………........ 38
Sidebar................. Joint
Labor Management Committee (Placement on Salary Schedule) ………………...…………39
Sidebar................. Joint Labor Management
Committee (Evaluations) ……………………………………………….39
AGREEMENT
Unit
C AGREEMENT made between the Nashua Board of Education (hereinafter called the
"BOARD") and the Nashua Teachers Union, Local 1044, American
Federation of Teachers, AFL-CIO (hereinafter called the "UNION"),
dated: .
1:1 The "Board" recognizes the Nashua Teachers Union as the exclusive representative for the purpose of collective bargaining for "Unit C" concerning wages, hours and other terms of employment of all employees in Unit C as included herein: secretaries, accountants, bookkeepers, clerks, receptionists, administrative assistants and procurement personnel, or who qualify for Schedule I, Schedule II, or Schedule III in the Nashua School District as certified by the New Hampshire Public Employees Labor Relations Board, EXCLUDING executive secretary to Superintendent, secretary to Superintendent, Schedule I secretaries to the Assistant Superintendents, secretary to the Business Administrator, Supervisor of Business Services, and Supervisor of Personnel Records.
1:2 All employees
shall as a condition of continued employment, join the exclusive bargaining
agent organization or pay to the exclusive bargaining agent organization a
service fee in an amount determined by the
Upon individually written
authorization by each employee and approval by the Union President, the
District agrees to deduct from each employee so authorized, the current monthly
Union dues or agency fee, as certified to the
District by the Treasurer of the
The form of the authorization is shown as Appendix B to this Agreement. The District will also recognize authorizations provided prior to the execution of this Agreement in the form set forth in Appendix B of the prior agreement between the parties dated July 1, 1986 through June 30, 1989 provided the Union, within 10 days of the execution of this Agreement, so notifies in writing each employee who had signed the earlier authorization form that effective September 1, 1989, each employee so notified will be able to revoke his or her authorization only between September 1 and September 15 of any year.
The
The
right to dues or agency fee deduction shall be extended to the recognized
bargaining agent only.
The
Union will hold the District harmless from any disputes between the
1:3 All members of the bargaining unit will be provided all the wages and benefits provided under this Agreement, and shall retain all rights guaranteed to them under the provisions of RSA 273-A.
ARTICLE II
DEFINITIONS
2:1 The term "work place" means a school, or the administration office.
The term "school"
means any work location, or functional division maintained by the BOARD where
instruction is offered to the children of
2:2 The term "Principal" means the responsible head of a respective school.
The term "Supervisor" means the person to whom an employee in the administration building is responsible as shown on the organizational chart of the District.
2:3 The
term "Teachers' Union Representative", as used in this Agreement,
shall mean any duly authorized designee of the Federation.
2:4 Whenever
the singular is used in this Agreement, it is to include the plural where the
context clearly so indicates.
2:5 The
term "employee", as used in this Agreement, means any member of the
Bargaining Unit who has successfully completed the probationary period. The rights of Bargaining Unit members, who
have not completed the probationary period, are set forth in Article 8:3.
2:6 The
probationary period shall be 90 calendar days of active employment as an
employee as defined herein.
2:7 The
term "active employment", as used in this Agreement, shall mean
actual time physically present on the job together with any authorized paid
leave granted pursuant to this Agreement.
2:8 The
term "seniority", as used in this Agreement, shall mean accrued time
in active employment as defined in 2:7.
In the event of authorized unpaid leave, suspension, or layoff, the
employee shall retain such seniority as was accrued on the date of the
authorized unpaid leave, suspension, or layoff upon return to active
employment, but shall commence further accrual only upon such return and shall
not accrue seniority during such leave, suspension, or layoff period. In the event of retirement, resignation, or
discharge, the employee shall lose all seniority.
2:9 Schedule
I, Schedule
II and Schedule III employees are defined in
Article 7:6.
Schedule III employees are members of the Bargaining
Unit, other than Schedule I and Schedule II employees.
2:10 The
term "compensatory time", as used in this agreement, shall mean
authorized time off which an employee may receive in lieu of overtime pay.
ARTICLE III
Grievance
and Arbitration Procedures
3:1 The
purpose of this Article is to establish a procedure for the settlement of
grievances which involve an alleged violation of a term or provision of the
existing contract.
3:2 No
grievance shall be considered under the grievance procedure unless it is
presented as provided below. A grievance
must be referred to the next step as provided below or the grievance will be
considered settled on the basis of the last answer given. If a grievance is once settled in any of the
following steps, it shall be considered
closed and shall not thereafter be subject to the grievance procedure or to
arbitration.
3:2-1 All
grievances over which a principal or supervisor has no jurisdiction shall be
submitted directly to the Business Administrator within thirty (30) school days
after the aggrieved party knows or should have known of the act or condition on
which the grievance is based. Submission
at any level within that thirty school day period shall establish the
timeliness of the grievance.
3:3 Step l
Any
employee who has a grievance shall, with or without the employee's union
representative, discuss it first with the employee's principal or supervisor in
an attempt to resolve the matter at that level.
3:4 Step 2
If
the grievance is not settled within ten (l0) school days after presentation at
Step l, the grievant shall, within ten (10) school days thereafter, set forth
the grievance in writing to the principal or supervisor specifying:
a. The
specific nature of the grievance and the date it occurred;
b. The
provision(s) of this Agreement which is alleged to have been violated;
c. The
nature and extent of the injury, loss or inconvenience;
d. The
results of previous discussions;
e. The
basis for dissatisfaction with the decisions previously rendered;
f. The
remedy which is desired.
The grievance shall be signed by the aggrieved
employee and union representative before being presented to the principal or
supervisor in Step 2.
3:5 If
the grievance is not received in writing by the principal or supervisor in Step
2 within thirty (30) school days after the aggrieved party knows or should have
known of the act or condition on which the grievance is based, the grievance
will be considered as waived. An alleged
waiver will be subject to arbitration pursuant to the provision of this
Article. The principal or supervisor
shall act upon the grievance within five (5) school days after receipt at Step
2 and shall communicate the decision in writing to the
3:6 Step 3
If
the issue is not resolved after Step 2, the grievance shall, within five (5)
school days after receipt of the principal's or supervisor's decision, be
submitted to the Business Administrator.
The Business Administrator shall act upon the grievance within a period
not to exceed ten (l0) school days and shall communicate the decision in
writing to the
3:7 Step 4
If
the issue is not resolved after Step 3, the grievance shall, within five (5)
school days after receipt of the decision, be submitted to the
Superintendent. The Superintendent shall
act upon the grievance within a period not to exceed ten (l0) school days and
shall communicate the decision in writing to the
3:8 Step
5
The
3:9 Failure
at any step of this procedure by the Administration to communicate a decision
on a grievance within the specified time limits shall permit an appeal of the
grievance to the next step. Failure at any step of this procedure to appeal a
grievance to the next step, within the specified time limits, shall be deemed
to be acceptance of the decision rendered at that step.
3:10 It is
understood that employees shall, during and notwithstanding the pendency of any
grievance, continue to observe all assignments and applicable rules and
regulations of the BOARD until such grievance and any effect thereof shall have
been fully determined.
3:11 Aggrieved
persons may be represented at all stages of the grievance procedure by
themselves and by a representative selected or approved by the Nashua Teachers'
3:12 When
a grievant in Step 1 is not represented by the Nashua Teachers' Union in the
processing of a grievance, the Nashua Teachers' Union shall, at the time of
submission of the grievance at Step 2, have the right to be present and present
its position in writing at all meetings, with the grievant, held concerning the
grievance and shall receive a copy of decisions rendered.
3:13 If a
grievance involving the interpretation or application of a specific provision
of this Agreement has not been settled after being fully processed through the
grievance procedure above, then the
3:l4 The
choice of the Arbitrator shall be by agreement of the parties. However, if such agreement has not been
reached within one (l) school week after the receipt of such written notice
submitting the grievance to arbitration, the grievance may be referred by the
3:15 Each
grievance shall be separately processed in any arbitration proceeding under
this Article.
3:16 There
shall be no right to arbitration to obtain, and no arbitrator shall have any
power to award or determine, any change in, modification or alteration of,
addition to, or subtraction from, any of the terms of this Agreement.
3:17 The
Arbitrator selected will confer with representatives of the BOARD and the
3:18 The
decision of the arbitrator, if made in accordance with the arbitrator's
jurisdiction and authority under this Agreement, will be accepted as final and
binding by both parties.
3:19 The BOARD agrees that it will apply, to all substantially similar situations, the decision of an arbitrator sustaining a grievance and the UNION agrees that it will not bring or continue, and that it will not represent any employee in any grievance which is substantially similar to a grievance denied by the decision of an arbitrator.
3:20 The
arbitrator's fee will be shared equally by both parties to the dispute.
3:21 School Board Grievances
The
School Board and its representatives (including the Superintendent, but
excluding any other administrator) shall be entitled to file grievances against
the
3:22 If
said grievances cannot be resolved between the BOARD and the
3:23 If
the grievance is not received by the
3:24 Released
Time
Any
employee, who has filed a grievance in accordance with the provisions of this
contract, will be granted released time, as needed, without loss of pay or loss
of personal days for attendance at required grievance and/or arbitration
hearings. The same privilege shall be
granted to one union representative who attends said hearings with the
employee.
3:25 Summer
Timeliness
In the event the processing of a grievance under Article III extends beyond the completion of the pupil school year, all time periods referred to in the above then remaining shall be doubled and the reference shall be to business days or business weeks during that period between the end of one pupil school year and the beginning of the pupil school year next following.
ARTICLE IV
WAGE AND OTHER BENEFITS
4:l Basic
Wage Schedule
Wages
will be paid in accordance with Appendix A.
Effective
July 1, 2005, there shall be no wage adjustment or step advancement and
employees shall be compensated in accordance with Appendix A-1.
Effective November 1, 2006, employees that were in
Grade II positions prior to November 1, 2006 and grand-fathered Grade III
employees shall receive a three-percent (3%) pay raise and no step advancement in accordance with Appendix A-2.
Effective
July 1, 2007, employees shall be paid in accordance with Appendix A-3
and shall be placed on the schedule with credited years of experience and
advanced a step if eligible. Employees
who were Grade III during the 2005-2006 school year and thus grand-fathered
shall be placed on the schedule with credited years of experience and advanced
a step if eligible.
Effective
July 1, 2008, employees shall be paid in accordance with Appendix A-4
and shall be placed on the schedule with credited years of experience and
advanced a step if eligible.
Employees who are hired between July 1st
and December 31st shall be credited with a year of service the
following July 1st. Employees hired between January 1st
and June 30th shall not be eligible for a credited year
of service
until the July 1st of the following calendar year. Effective July 1, 2007, current employees shall be granted credited
years of service which reflect years of service which are at least their years
of service to the District based on date of hire. Prior credited years of
experience shall also count. [Note:
Employees who had initial hire dates of August for example lost a credited year
of service and this proposal would make sure that such employees hired between
July 1st and December 30th have not lost a year of
service.]
New
employees may be granted up to five (5) years of creditable service for the
purpose of placement and advancement on steps, based on prior work or
educational experience directly relevant to a secretarial position. The determination of creditable service will
be made administratively upon hiring. An
individual who qualifies for five (5) years of creditable service will hired on
Step 1, and will be placed at the beginning of Step 2 the following July 1st
if hired before January 1st.
In
cases of promotion, employees shall receive the hourly rate for their existing
step, and the schedule and grade to which they are promoted or their existing
hourly rate whichever is greater.
In
cases where an employee moves to a lesser schedule or grade, the employee shall
receive the employee's former hourly rate less the differential between the
hourly rate for the employee's former schedule, grade, and step and the hourly
rate for the schedule, grade, and step of the employee's new position.
4:2 Overtime
Time
worked in excess of 7 1/2 hours in any work day or 37 1/2 hours in any work
week shall be paid at the rate of time and one-half. With the prior approval of their supervisor
at the time overtime is worked, employees may elect to accrue compensatory time
off at the rate of time and one-half in lieu of paid overtime. Any use of such approved compensatory time
must have the prior approval of the employee's supervisor.
Paid
holidays, but no other leave, occurring during the work week shall be counted
as time worked for the purpose of determining the straight time hours. An employee may be required to work overtime
when so directed by the building principal or supervisor. Employees, who are called back to work after
normal working hours by their supervisors, shall be compensated at time and
one-half rate for time spent with a minimum of three hours.
4:3 Anniversary
Date
For
purposes of this Article, July l will be the anniversary date for all
employees. For purposes of wage payment,
except as otherwise provided, employees will receive a wage increase each July
l.
4:4 Method
of Payment of Compensation
l.
All employees
shall be paid weekly on the basis of the number of hours worked since the last
payment date.
2. Pay
checks shall normally be received at the employee's work location no later than
Friday, unless the employee has opted to
pick up the individual check at the Superintendent's Office after 3:00
P.M. on Thursday, all on the weeks the checks are due. All paychecks shall be placed in envelopes
and distributed.
4:5 Holidays
l. Schedule
I employees shall be entitled to the following holidays with pay provided the
probationary period has been completed:
July 4 New
Years Day
Labor Day Veterans’
Day
Columbus Day Martin
Luther King Day
Thanksgiving President’s
Day
Day After Thanksgiving Memorial
Day
Christmas Day
President's Day, formerly known as Washington's Day,
shall be observed either on the nationally designated holiday, or on the Monday
of the Winter Vacation week, to coincide with the District's school calendar.
2.
Schedule II
employees shall be entitled to the following holidays, with pay,
provided the probationary period has been
completed:
Labor Day New
Year’s Day
Columbus Day Veterans’
Day
Thanksgiving Martin
Luther King Day
Day After Thanksgiving President’s
Day (eff. 7/1/07)
Christmas Day Memorial
Day
July 4th
is payable at the amount of four (4) hours times
the employee's hourly rate.
3.
Schedule III
employees working a regular schedule of l080 or more hours per fiscal year are
entitled to:
Columbus Day (eff. 7/1/07)
Thanksgiving
Day After Thanksgiving (eff. 7/1/07)
Christmas Day
New Year’s Day
President’s Day (eff. 7/1/07)
Memorial Day
With pay, provided the probationary period has been
completed,
payable at the amount of their regular daily pay.
4. In
order to qualify for pay on an unworked holiday, an employee must work on the
last scheduled work day prior to the day the holiday is observed, and the first
scheduled work day subsequent to the day on which the holiday is observed,
unless on authorized paid leave.
4:6 Vacations
Vacation leave for Schedule I and II employees shall
be accrued on the basis of the number of months in active employment up to the
following amounts.
Accruals
shall commence with date of hire.
1. Schedule
I and Schedule II employees shall accrue vacation leave according to the
following, commencing with the date of employment, but shall not be entitled to
vacation leave pay until they have satisfactorily completed the probationary
period and provided they are in the active employment of the District. Vacation benefits shall not be paid
retroactively.
Up to eight (8) full years seniority l0
days
Upon completion of eight (8) full years seniority l5
days
Upon completion of fifteen (l5) full years seniority 20
days
Effective July 1, 2006:
Up to five (5) full
years seniority l0
days
Upon completion of five (5) full
years seniority l5
days
Upon completion of nine (9) full
years seniority 20
days
Upon
completion of fifteen (15) full years seniority 21 days
Upon
completion of sixteen (16) full years seniority
22 days
Upon
completion of seventeen (17) full years seniority 23 days
Upon
completion of eighteen (18) full years seniority 24 days
Upon
completion of nineteen (19) full years seniority 25 days
On August 31 of each year, any unused accrued annual
leave days as of June 30, in excess of the number of annual leave days to which
the employee is entitled, shall be forfeited.
2. No
employee shall be allowed more than fifteen (15) days vacation in succession,
at any time, unless this requirement is waived by the principal or supervising
administrator. Employees with the
greatest seniority shall have preference in selecting the times during which
they wish to take their vacation. The
principal or supervising administrator shall
be notified, in writing, of such selection request by April 1 of each
year. All vacations normally will be
taken between the first full week in July and the third full week in August,
inclusive, unless this requirement is waived by the principal or supervising
administrator. At the principal's
discretion, an employee may be restricted from taking vacation leave during the
ten working days preceding the pupil school year. The Superintendent or designee may alter the
above vacation selection or schedule as District needs dictate.
3. No
vacation leave or payments will be allowed, if an employee is discharged for
just cause. In such event, there shall
be no proration of accrued vacation payments.
4. The
District reserves the right to limit the number of employees to be on vacation
during any one period. All vacation days
shall be scheduled with the approval of the Superintendent or designee.
5. Any
employee who resigns, is laid off, retires, or dies, shall be entitled to
accrued vacation pay, in accordance with the eligibility requirements contained
in this Agreement, prorated to the date the employment ceases. Any accrued vacation pay to which an employee
may be entitled, on the date of the employee's death, will be paid to the
employee's estate.
6. Schedule
II employees will be paid on the basis of 6 1/2 hours times the employee's
hourly rate for each day of annual leave used.
7. An
employee who desires vacation pay, before going on vacation, must notify the
Payroll Office, in writing, at least ten workdays in advance of the employee's
last working day prior to the vacation.
4:7 Longevity
1. Longevity
will be paid in January to all Schedule I and Schedule II employees in the
active employment of the District on the previous December 31 based on the
following:
Schedule
I Schedule II
After
ten (10) years seniority $400 $345
After
fifteen (15) years seniority $900 $775
After
twenty (20) years seniority $1400 $1205
Effective
July 1, 2006 , longevity will be paid in January to all Schedule I, Schedule II
and Schedule III employees in the active
employment of the District on the previous December 31 based on the following:
Schedule
I Schedule II Schedule
III
After
ten (10) years seniority $750 $645
$375
After
fifteen (15) years seniority $1250 $1075 $625
After
twenty (20) years seniority $1750 $1505 $875
Increased amounts are effective 7/1/06 and shall be
paid retroactively.
2. Seniority
will be computed as of the employee's anniversary date occurring on or prior to
December 31 in any calendar year. In the
event an employee leaves the employ of the District after the employee's
anniversary date but before the January payment date, the employee will receive
any longevity payment to which the employee is entitled with the final salary
payment.
4:8 Educational Benefits
For each fiscal year, the District agrees to provide
the sum of $2,000 for the purpose of reimbursement of tuition cost for courses
or workshops which, in the opinion of the Business Administrator, are both
job-related and of benefit to the District.
Availability will be made on a first-come, first-served basis, with
approval of more than one course per semester subject to the availability of
funds within the above allowance.
Reimbursement will be available to
those who are actively employed, who
make application for the benefits,
and who have received the prior approval of the Business Administrator. Employees will be reimbursed 80% of the cost
of tuition. Payment will be made on the furnishing of
written evidence of satisfactory completion of the course or workshop.
The District agrees to pay one hundred percent of the
tuition for courses or workshops which the employee is required, in writing, to
take by the District. Travel and interim
living expenses for such required courses or workshops will be reimbursed in
accordance with existing Board policy levels.
Funding for required courses or workshops will be provided separately
from the above $2,000 available for tuition reimbursement.
4:9 Leave
for Conferences and Workshops
Secretaries
may be granted paid leave within budget and staffing limitations to attend
annual conferences and workshops.
Lodging, travel and conference expenses will be paid by the District
consistent with District policies.
Up to two (2) days of paid professional leave will be granted to up to
two (2) employees designated by the President of the
4:10 Mileage
Allowance
The
District agrees that employees using private automobiles, at the request of the
District on District business, shall be reimbursed at the prevailing IRS rate.
4:11 Severance
Pay
Upon
the resignation, retirement or death of an employee in the employ of the Nashua
School District, who has at least ten (l0) years seniority in the District, the
BOARD shall pay to that employee or the employee's estate, in the case of
death, the following amount for each day of the employee's accumulated sick
leave then remaining to a maximum of:
132 days for Schedule I employees;
113 days for Schedule II employees; and,
55 days for Schedule III employees working a regular
schedule of 1080 or more hours per fiscal year:
Schedule I $45
Schedule II $40
Schedule III employees
$30
working a regular
schedule of l080 or
more hours per fiscal
year
Effective July 1, 2007, upon the resignation,
retirement or death of an employee in the employ of the Nashua School District,
who has at least ten (l0) years seniority in the District, the BOARD shall pay
to that employee or the employee's estate, in the case of death, the prevailing
per diem rate of pay based on the employee’s hours of work per day during the
school year and based on Step 1 of the employee’s pay grade for each day of the
employee's accumulated sick leave then remaining to a maximum of:
132 days for Schedule I employees;
113 days for Schedule II employees; and,
55 days for Schedule III employees working a regular
schedule of 1080 or more hours per fiscal year:
4:12 Out of Grade Pay
In the event an employee is assigned
to a higher rated position for two consectuive days, on the third consecutive
day, the employee would begin to be paid
the higher rate and be paid at the higher rate for any consecutive days that
they perform the work of the higher grade. This new provision should not be
retroactive, but shall commence upon execution of the agreement.
SUPPLEMENTAL BENEFITS
5:1 Worker's
Compensation
All
employees shall continue to be covered by the provisions of the New Hampshire
Worker's Compensation Act.
5:2 Pension
The
parties agree that all provisions of the New Hampshire Retirement System shall
be made available to Schedule I and Schedule II employees. Participation in the New Hampshire Retirement
System is mandatory upon
the first day of employment.
5:3 Tax-Sheltered
Annuities
The
District agrees to allow all employees to take
advantage of the Federal Law concerning tax-sheltered annuities.
ARTICLE V
SUPPLEMENTAL BENEFITS
5:4 Health
Benefits
Subject to the provisions of this article, the City shall provide, upon
the request of an eligible Schedule I and II employee, and a Schedule III
employee working a regular schedule of 1080 or more hours in a fiscal year, the
amount of premiums specified below for an individual, two person, or family
plan for one of the following, if available, or a comparable plan if the
following plan(s) are not available:
(a)
Blue Cross/Blue
Shield Plan JWM;
(b)
Blue Choice New
England Point-of-Service Plan; or
(c)
A choice of HMO
Blue or Harvard Pilgrim HMO.
For eligible members, the City shall contribute 85% of the premium for
option (b) and 95% of the premium for option (c). The City shall contribute toward the premium
of option (a) the same dollar amount it contributes toward the premium of
option (b).
Any eligible member of the bargaining unit requesting initial
membership in a plan may enter during a specified enrollment period. Any eligible member desiring to select a
different plan may make such a change only during the annual enrollment
period. Eligible members moving into or
out of a HMO or point-of-service plan service area may change plans within a specified
period after such move to the extent permitted by the plans.
Effective July 1, 2007
, the City
shall provide, subject to
the provisions of this article,
upon request of an eligible member
of the bargaining unit, the amount of the premium specified
below for an individual, two person,
or family plan, of one of the following, if available, or a comparable plan if the following plan(s) are not
available:
(a)
Point-of-Service-Plan with benefits comparable to those currently provided;
(b) HMO Plan; or
(c) The city may make additional plans available to members with benefit
levels and premium cost sharing determined by the city in
its sole discretion.
Provided that any employee who is enrolled in an indemnity plan with the city on the effective date
of this agreement shall be allowed to continue that indemnity plan. However,
no other employees
shall
be allowed to select the indemnity plan.
The option of the health care plan is at the sole discretion of the City. It is agreed by all parties
concerned that the city reserves and shall have the right to change insurance carriers provided the
benefits to participants are comparable and the city elects the least expensive plan available to
provide
such benefits.
Should the City determine that it is in the best interests of the City to offer a “comparable” plan to
either option “a” or “b”, it shall provide at least one hundred twenty (120) days prior written notice
to the
the comparable plan. Should the
grievance shall
not be subject to the grievance procedure and shall be submitted directly for
arbitration no later that thirty (30) days after the
comparable plan. The grievance shall be heard in an expedited manner. The decision
of the arbitrator
shall be binding on
both parties.
Comparable Plan Definition: For the purposes
of this Article,
a comparable plan means no
additional out-of-pocket increases to employees and no reduction in current benefits and at least
95%
of the current physicians, including specialists and hospitals.
For the duration of this Agreement, either party to the Agreement may request that a joint
labor/management committee be convened to consider the performance of the aforementioned plans
and
any changes thereto.
Effective July 1, 2005: For eligible members, the City shall contribute 85% of the premium for
option (a) and 95% of the premium for option (b). The City shall contribute toward the premium of
the
city indemnity plan the same dollar amount it contributes
toward the premium of option (a).
Effective July 1, 2007, or the date on which
All
plans offered by the City shall have the following co-payments:
(a)
Medical Visits - $10.00
(b)
$50.00 for the first
3 visits per subscriber;
$100.00 for the next
3 visits per subscriber;
$50.00 for each
subscriber visit thereafter.
Any eligible member of the bargaining unit requesting initial membership in a plan may enter during a specified enrollment period. Any eligible member desiring to select a different plan may make such a change only during the annual enrollment period. Eligible members moving into or out of a HMO or Point-of-Service Plan service area may change plans within a specified period after such move to the extent
permitted by the plans.
Regular part time employees
working a minimum of 20 hours per week are covered by the provisions of this article on a pro rata basis. The proration is based on the ratio the employee’s
regular weekly work hours are to 40 hours. The proration
applies to the City’s premium contribution.
For the duration of this agreement, the parties agree to participate in a joint labor/ managementcommittee with other city and school district bargaining units to develop proposals to modify the health insurance programs offered by the city in order to control the costs of those programs for the benefit of the city and its employees.
Provision applicable to the FY2006-FY2009 contract:
If any city bargaining unit or other group of city employees receives a more favorable wage and/or
health care package, the
for renegotiation.
5:5 Life
Insurance
On
the first day of the month next following the expiration of thirty days after
the signing of this Agreement, the District shall provide full payment of the
cost of a $10,000 Term Life Insurance policy for Schedule I and Schedule II
employees, and $8,000 Term Life Insurance
policy for Schedule III employees.
Schedule l and Schedule II employees may purchase at their own expense
additional optional life insurance if approved by the insurance carrier in an
amount allowed by the insurance carrier.
Employees shall become eligible for the term life insurance benefit on
the first of the month following the conclusion of the first 30 days of active
employment of the employee's probationary period.
ARTICLE V
SUPPLEMENTAL BENEFITS
5:6 Supplemental
Injury Benefits
a. An
employee absent from work as the result of a work related injury or illness
occurring during employment with the District, and who receives workers'
compensation benefits, shall be paid by the District l00% of the difference
between the employee's average daily wage as determined for the purpose of
workers' compensation benefits, and the amount of daily workers' compensation
benefits received by the employee, for each day the employee is scheduled to
work.
b. It
is intended that no employee shall receive for each day of absence more than
the amount of daily pay as determined for the purpose of workers' compensation
benefits. Any excess amounts received
shall be forthwith returned to the District.
c. Absences
under this provision shall be charged to the employee's accumulated sick leave
on the basis of one-half day sick leave deducted for each day of absence.
d. The
provisions of this section shall not prevent an employee from electing to waive
the supplemental benefit from the District in which instance no sick leave days
shall be deducted from the employee's accumulated sick leave.
e. This
supplemental benefit shall cease upon the exhaustion of the employee's sick
leave entitlements.
f. An
employee absent from work due to a work-related injury or illness may be
terminated by the District after the exhaustion of workers' compensation
benefits or one year whichever is sooner.
Upon medical certification that the employee is fully able to perform
the employee's former job responsibilities, an employee terminated under this
section 5:6-f because of an absence of one year shall be rehired for the next
available similar position as that held by the employee at the time of
termination provided the employee is qualified for the position.
5:7 Dental Coverage
Effective
July 1, 1995, the Board agrees to provide single person dental coverage for the
employee only commencing on the first day of the month following the completion
of the probationary period. This
coverage shall apply to Schedule I and Schedule II employees only. Additional coverage for the two-person or
family plans may be purchased by the employee at his/her own expense.
ARTICLE VI
LEAVES OF ABSENCE
6:1 Sick Leave
l. Each
Schedule I employee shall be entitled during each fiscal year to annual sick
leave of l5 days without loss of pay.
Sick leave may be taken without loss of pay after successful completion
of the probationary period. Unused sick
leave shall accumulate annually to a maximum of 165 days which shall not
include the sick leave due in a current fiscal year.
2. Schedule
II employee shall be entitled during each fiscal year to annual sick leave of
l3 days without loss of pay. Sick leave
may be taken without loss of pay after successful completion of the
probationary period. Unused sick leave
shall accumulate annually to a maximum of 142 days which shall not include the
sick leave due in a current fiscal year.
Absences which occur during the period when the normal workday is four
hours shall be deducted from accrued sick leave at the rate of the four hour
workday being equal to 7 1/2 hours of sick leave.
3. Schedule
III employees working a regular schedule of l080 or more hours per fiscal year
shall be entitled to annual sick leave of six (6) days. Sick leave may be taken without loss of pay
after successful completion of the probationary period. Unused sick leave shall accumulate annually
to a maximum of 68 days which shall not include the sick leave due in a current
fiscal year.
4. No
sick leave payments shall be applied retroactively for unpaid leave taken
during the probationary period.
5. The
District agrees that each employee entitled to annual sick leave shall be
notified at the beginning of each fiscal year of the employee's accumulation to
date.
6. Sick
leave shall be allowed only in the case of necessity and actual sickness or
disability of the employee, employee’s
spouse or the employee's children who reside with the employee, parents, or for
the employee to take physical and dental examinations or other sickness
prevention measures. In case of the
serious illness or accident of the spouse of the employee, parents or children
of the employee, necessitating the
employee's absence from work, the supervisor or designee may grant absence from
work with sick pay up to the amount of annual and accumulated sick leave to
which the employee is entitled.
7. An
employee must notify the principal or supervisor prior to starting time, in
order to draw sick leave pay. In order
to qualify for paid sick leave of 4 consecutive days or more, the employee may
be required to present a doctor's certificate or other satisfactory evidence to
the principal or supervisor, indicating that the employee was unable to work
due to sickness or injury during the period claimed.
8. The
District may terminate any employee absent from work due to illness after
exhaustion of benefits under this Article, exhaustion of authorized leave, or
after one year of continuous absence, whichever occurs later.
9. In
the event a newly hired employee leaves the employ of the District within l2
months of being hired, and has taken sick leave before leaving the District's
employ, that employee shall return to the District all pay received for sick
leave taken in excess of those days which bear the same ratio to the annual
sick leave authorized as the number of full months worked by the employee bears
to twelve.
10.
Payment to
Schedule III employees working a regular schedule of l080 or more hours per
fiscal year for time lost by reason of sick leave shall be made on the basis of
the employee's regular daily work schedule.
A deduction of one day from any sick leave to which the employee is
entitled shall be made for each day of sick leave taken.
6:2 Sick Leave Bank
1.
A Sick Leave
Bank shall be maintained in accordance with this article for participating
members who have exhausted their individual accrued sick leave as a result of
serious extended illness, incapacitating accidents, or maternity leave.
2.
Contributions
must be made within 30 calendar days from the date the person begins employment
or within 30 calendar days of a call for replenishment of the bank. The initial contribution of participating
members shall be two (2) days, with subsequent contributions of one (1) day for
each call for replenishment. In addition
to the initial contribution, participating members shall contribute a one time
additional day at the beginning of the second school year following the
implementation of the bank. All
contributions shall be voluntary. Each
day contributed shall be defined as the average number of hours worked per day
over the course of a fiscal year.
3.
A call for
replenishment shall be made at any point in time the balance of days in the
sick leave account falls below one and one half days times the number of
bargaining unit members in the bank.
4.
The operation
of the Bank and withdrawals from it shall be governed by a Committee of two (2)
members selected by the
5.
A member may
withdraw sick days from the Bank only after:
a) exhausting his or her individual accrued sick leave;
b) receiving the approval of the
Committee.
However, withdrawals shall be retroactive back to
the first working day following the exhaustion of accrued sick leave benefits.
6.
Sick leave
withdrawals shall be computed as one day charged for one day used.
6:3 Personal
Leave
Each Schedule I and Schedule II employee shall be entitled to three (3) days and Schedule III employees working a regular schedule of l080 or more hours per fiscal year shall be entitled to one (l) day leave of absence per fiscal year for the following reasons:
(a) Marriage
of children, parents, or immediate family as defined under Article 6.4(a).
(b) Graduation
exercise of the employee or the employee's children.
(c) Required
appearance in court.
(d) Observance
of a nationally recognized religious holiday of the religion practiced by the
employee.
(e) Compelling
personal business that cannot be accomplished outside of the school day.
Each day taken shall be subject to the prior approval
of the Business Administrator or designee.
Except in emergency situations, at least 48 hours' notice shall be given
in requesting a personal day through the Business Administrator or
designee. One of the personal days to
which Schedule I and Schedule II employees are entitled shall, if taken, not be
deducted from sick leave, and each of the remaining two days to which they are
entitled shall, if taken, be deducted from sick leave. The one day to which Schedule III employees
working a regular schedule of l080 or more hours per fiscal year are entitled
shall not, if taken, be deducted from sick leave. Personal leave for Schedule II employees
which occurs during the period when the normal workday is four hours shall be
deducted from personal leave at the rate of the four hour workday being equal
to 7 1/2 hours of personal leave.
6:4 Bereavement
Leave
a. Employees
shall be entitled to up to five (5) days bereavement leave with pay for absence
due to each death of their spouse, child(ren), mother or father and
step-equivalents and up to three (3) days bereavement leave with pay for absence due to each death of
"immediate family". "Immediate family" shall include:
brother, sister, father-in-law, mother-in-law, son-in-law, daughter-in-law, grandparents
and grandchildren and step-equivalents.
b. Up
to three (3) days in any fiscal year may be granted for a death of a close
relative of an employee for which there shall be no deduction in pay. "Close relative" shall include:
aunt, uncle, niece, nephew, in-laws not included under (a) and close friends
provided the close friend lives in the employee's home.
c. Bereavement
leave must be taken contiguous to the death and/or at the time of the
funeral/memorial service.
d. Bereavement
leave for Schedule II employees which occurs during the period when the normal
workday is four hours shall be equal to one day.
6:5 Released
Time
Up to three members of the negotiating team will be
granted released time as needed without loss of pay or loss of personal days
for the purpose of contract negotiations, mediation and fact finding.
6:6 Extended
Leaves
Schedule I or Schedule II employees may apply for an
unpaid leave of absence for the extended illness of the employee, or the
employee's spouse, children, mother, or father.
At the discretion of the Superintendent such an unpaid leave may be
granted for a period up to twelve months.
Unless otherwise provided, employees on unpaid leaves pursuant to this
Article 6:6 shall not be eligible to receive any of the benefits contained in
this Agreement including any paid leave days.
The employee desiring to return from such unpaid leave will be assigned
to the next available vacancy for which the employee is qualified.
6:7 Court
Appearances
An employee who is subpoenaed as a witness in a civil
or criminal case, or who is called for service on a jury, will be granted the
difference between the fee received for such service, excluding court reimbursement for mileage, meals, and
lodging, and the amount of earnings lost by reason of such service. Satisfactory evidence of the fee received
exclusive of mileage, meals, and lodging reimbursement, must be submitted to the
Payroll Office for the differential to be granted. Time paid under this Article 6:7 shall not be
counted as time worked for the purpose of computing overtime.
6:8 Military
Service
Each employee shall be granted a leave of absence for
military service, without pay, for the duration of compulsory service. An employee granted such a leave shall, upon
return, receive active service credit and appropriate annual salary, including
increases granted during the period of military service.
6:9 Selective
Service Tests
Each employee shall be granted regular salary, without
loss of pay, when required to be in attendance for a usual and customary
selective service examination, physical examination, or other tests required by
the United States Government.
6:10 Continuation
of Insurance
Upon agreement by the respective insurance carriers,
any employee who is on authorized unpaid leave may be permitted to continue the
health and life insurance benefits provided by this agreement at the employee's
sole expense, on condition that the employee remits the full monthly insurance
premium by check payable to the City of Nashua, to the District Personnel
Office no later than the l5th day of the month preceding the month the premium
is due. In the event the employee fails
to remit the premiums due, the benefits provided by this section 6:10 shall
terminate immediately without further notice to the employee and the employee
may not be re-enrolled in the group insurance plan for which the premiums were
being paid until the employee returns to active employment.
6:11 Federal
and State Compliance
The District will comply with the provisions of
federal and state statutes, as amended from time to time, relating to family
and medical leave. Any such provisions
shall be deemed to operate concurrently with any paid or unpaid leave granted
pursuant to this Agreement. The District
will comply with any rights or benefits
contained within such federal or state statutes which provide for any rights or
benefits which exceed those contained in this Agreement only to the extent
required by statute.
ARTICLE VII
WORKING CONDITIONS
7:l Employment
Status
No member of the Bargaining Unit shall be dismissed or
disciplined except for just cause.
7:2 Seniority
The District shall prepare a seniority list which indicates
the dates of employment of all members of the Bargaining Unit. The
7:3 Personnel
Files
l. Each
employee shall be entitled to knowledge of and access to supervisory records
and reports of competence, personal character and efficiency maintained in the
employee's personnel file with reference to evaluation of the employee's
performance in the school district.
2. Upon
request, the Administration shall provide to each employee copies of the
records and reports described above.
3. In
the event that the Board of Education removes from the employee's file
materials which it deems to be confidential, a dated notation will be placed in
the file stating which materials have been removed.
4. Upon
24 hours' notice each employee shall have the right to review and reproduce
material in the employee's personnel file.
5. The
employee shall have the right to answer any material filed and the answer shall
be attached to the file copy. The answer
shall be reviewed by the person occupying the position of authority next above
the person who filed the material.
6. Reproductions
of such material may be made by hand, or copying machine if available.
7. a. Any
item contained in an employee's file to which an employee has not been given
access shall not be utilized in any legal proceeding against the employee.
b. An
employee shall be given upon request a receipt for all transcripts, medical
forms and all other material submitted to the Administration, or the Nashua
Board of Education.
7:4 Discrimination
There shall be no discrimination against any employee
because of the employee's Union activities or because of the employee's
membership in the
7:5 Rules,
Regulations and Policies
l. There
shall be a complete copy of the Rules, Regulations and Policies of the Board of Education made available for access
at each District building with new items added as they are promulgated by the
BOARD.
2. It
is agreed that all Building Representatives have a complete copy of the Rules,
Regulations and Policies of the Board of Education, and the Administration will
provide them with all new items as they are added.
7:6 Workday
and Work Year
l.
Schedule I
employees shall be employed for a l2-month work year. The normal workday shall be 8 hours per day
including a half hour unpaid lunch break.
2. Schedule
II employees shall be employed for a l2-month work year. For the time period beginning five working
days prior to the pupil year continuing through five working days after the
pupil year, the normal workday shall be 8 hours per day including a half hour
unpaid lunch break. At the principal's
discretion, an employee assigned to an elementary school may be required to
commence the 8 hour work day ten working days prior to the pupil year. For all other week days, in the summer, the normal
workday shall be 4 hours. During the
pupil year, Schedule II employees shall work only on teacher work days.
3. Schedule
III employees shall be employed for the pupil year and pupil day and up to five
(5) days before the start of the pupil year and five (5) days after the start
of the pupil year. This is the normal work schedule, but it may be altered
based on the legitimate needs of the school district. The normal workday shall
be not more than 6.5 hours per day including a half-hour unpaid lunch break.
4. The
principal or supervisor shall establish a normal work schedule for each
employee.
5. A 30-day notice shall be given
Schedule I and Schedule II employees before a change is made in the established
normal work schedule.
6. A two-week notice shall be given to part-time
employees before a change is made in the established
normal work schedule.
7. A member of this Bargaining Unit C must give a
minimum of two weeks' notice, if intending to terminate
employment with the
8. When
there is a cancelled school day, Schedule II employees shall receive four (4)
hours pay.
7:7 Tuberculin
Testing
Consistent with the current advisory of the State of
7:8 Evaluations
A. All
observations by a supervisor of the work performance shall be made openly.
B. When
a supervisor observes an employee it will be assumed the employee is being
observed for purposes which may include evaluation.
C. When
a supervisor makes and signs a written evaluation of an employee it will be
shown to the employee who will acknowledge receipt thereof in writing. This shall not necessarily be interpreted to
indicate the employee's assent. If the
employee disagrees with all or any part of the evaluation the employee may file
written comments in the employee's personnel file.
D.
All evaluations
will be in accordance with the evaluation forms and procedures adopted by the
Board of Education or the Superintendent prior to the
start of a fiscal year.
E.
An
employee may appeal his/her annual evaluation first to the Business
Administrator and then, if
not resolved, to the
Superintendent of Schools. The
evaluation itself will not be subject to the
grievance procedure.
7:9 Reduction in Hours
The following applies in the event of an involuntary
reduction in hours for Schedule I or Schedule II employees, or Schedule III
employees working a regular work schedule of l080 or more hours per fiscal
year:
Commencing on the date of signing of this Agreement,
an employee as described above so affected will retain the following benefits
as provided under this Agreement, as applicable, through the last day of this
Agreement or one year from the date of the reduction in hours, whichever is
later. Thereafter, the benefits shall be
as provided by this Agreement for the reduced schedule.
Sick
Leave Sick
Leave Accumulation
Personal
Leave Holidays
Vacations Extended
Leave
Health
Insurance Life
Insurance
Dental
Insurance Longevity
Severance Sick Leave Bank
An employee as
described above initially so affected will retain only the following benefits,
as applicable, and only to the extent and for the time periods indicated. All other benefits will be as provided by
this Agreement for the reduced schedule.
A. Health, Life and Dental Benefits:
Retained
for one additional month for each year of service with a minimum of three
months of coverage and a maximum of twelve months of coverage.
B.Sick Leave:
Accumulated
sick leave at the time of the reduction in hours retained. Additional annual sick leave will be credited
in the amount applicable to the reduced schedule; however, no additional annual
sick leave will be credited if the employee’s accumulated sick leave exceeds
the maximum accumulation allowed for the reduced schedule.
C.Vacation:
For
Schedule I reduced to Schedule II – Accrued vacation leave retained. Additional accruals at the applicable rate
for the reduced schedule.
For
Schedule I or Schedule II to Schedule III – Accrued vacation leave paid in lump
sum.
7:10 Dispensing
of Medication
Secretaries shall not be required to dispense
medication to students.
7:11 Reduction
in Staff
The provisions of this article 7:11 shall apply only
on occasions when the total number of permanent positions in the bargaining
unit is reduced. When there is such a
reduction, the following procedure will be used:
A.
In
making involuntary staff reductions, the employee in the position being reduced
shall be laid off except as otherwise provided in this article 7:11.
When
that employee is not the least senior employee of those in the schedule and
grade of the reduced position, the least senior employee in that schedule and
grade instead shall be subject to layoff provided:
1. The
employee in the position being reduced has a minimum of 30 calendar days of
seniority
more than the least senior employee in
that schedule and grade.
2.
The least senior
employee in that schedule and grade has been in her/his current position less that three (3) years.
3.
In the opinion of
the business administrator, the more senior employee has the same
qualifications as the least senior employee to perform the duties of the
latter’s position. Qualifications shall include experience including the
currentness of that experience, skills and abilities related to the position,
and the employee’s performance including attendance.
Otherwise,
the employee in the position being reduced shall be laid-off.
The
provisions of this section 7:11A shall be grievable only to Step 5 of the
grievance procedure as contained in Article III and shall not be arbitrable.
B.
Seniority shall
be determined first by date of hire to a position in the bargaining unit,
second by date of hire in the District in a non-substitute position, and third
by social security number with the lowest last four digits having least
seniority.
C.
Employees
designated for layoff shall be given at least thirty (30) calendar days written
notice of such layoff. If such notice is
given less than thirty calendar days prior to the layoff, the employee shall be
compensated at the employee’s regular
rate of pay for any of the employee’s normal work days falling within the 30
day period but prior to the notice. A
copy of the notice shall be sent to the union.
D.
Employees who are
laid-off shall receive severance as provided in article 4:11, however, the ten
year seniority requirement shall be waived.
7:12 Recall
A.
Employees who are
laid off shall be placed on a recall list.
All individuals in the recall pool will be considered for any vacancies
before other employees or external applicants.
If there are two or more individuals in the recall pool who at the time
of layoff were in the same or higher schedule and grade as the vacancy and who,
in the opinion of the business administrator, are qualified for the available
position, one of the two most senior employees shall be recalled. Qualifications shall include experience
including the currentness of that experience, skills and abilities related to
the vacancy, and the individual’s performance including attendance.
The provisions of this
section 7:12A shall be grievable only to Step 5 of the grievance procedure as
contained in Article III and shall not be arbitrable.
B.
Except as
otherwise provided in this article 7:12, an individual who is recalled shall
return to the District that severance which represents the difference, if
any, between the number of days on which
severance was computed and the number of work days the individual was
laid-off. The individual may return said
severance in a lump sum, in equal weekly or in some other schedule of repayment
approved by the Business Administrator.
In no instance may the weekly payments extend beyond the calendar year. Any arrangement for the repayment of
severance in weekly payments must be in writing and signed by the
individual. Accrued sick days will be
credited to the individual as the repayment is made based upon the number of
days the repaid severance represents.
An
individual who is offered recall and fails to return said severance shall be
removed from the recall list.
An
individual who has been laid off continuously for one year from the date of the
layoff shall not be required to repay any severance.
C.
Unless otherwise
provided under this Article 7:12, individuals shall remain on the recall list
for two years from the date of layoff.
D.
Notice of recall
shall be sent by certified mail to the individual’s last address which has been
placed on file by the individual in the Personnel Office. A copy of said notice shall be sent to the
An individual who is recalled shall in writing within 10 calendar days
of the receipt of the notice or 15 calendar days from the date the notice is
mailed, whichever is sooner, give notice of intent to accept the position. If the individual does not respond within the
aforementioned time period, the individual will be removed from the recall
list.
7:13 Professional
Development
The Nashua Teachers’
Staff Development program as outlined below:
1.
Secretarial staff may be required by the
2.
Completion of Tier II courses is voluntary. Twelve hours of coursework is required to
complete Tier II. The
3.
An hourly salary differential of .30 will be
provided upon equivalent completion of all Tier I courses and 12 hours of Tier
II courses. The differential will be
implemented for an employee effective January 1st or July 1st following
completion of Tier II hours.
4.
Secretarial staff are required to complete and
document twelve (12) hours of coursework every three (3) years, from July 1st to June 30th to obtain the differential, and
then retain it.
5.
Staff are responsible for
maintaining their own records of workshop/course completion, and submitting
those records to qualify for and maintain the salary differential. The
6.
Successful completion of each technology course
will be determined as follows: a) in lieu of completing a technology course
offered by the district, staff may pursue outside courses the district deems
comparable, b) demonstrate mastery of skills through a test out procedure
offered by the school district, c) if the course is offered by the school
district a certificate of completion fulfills a technology course requirement.
7.
The School District retains the right to modify the course selections offered, from
time to time, to better meet the needs of individual secretaries or the
The Professional Development Program contained in Pargraphs One through Seven is eliminated effective July 1, 2007.
Employees who have qualified for the
$.30 hourly salary differential on or before July 1, 2007 shall be grand-fathered and continue
to receive the differential without the requirement
of any further staff development.
ARTICLE VIII
TRANSFERS, VACANCIES AND PROMOTIONS
8:1 Transfers,
Promotions and New Positions
1. Employees
who desire a change in duty or building assignment may file a written statement
of such desire at any time with the Business Administrator. Such request may be renewed in writing
each school year if it is not granted on
initial application.
2. Notice of
transfer or of non-transfer will be given to the employee as soon as
practicable and under normal circumstances not later than June 30.
3. An employee
who has been transferred and objects to the transfer may request a meeting of
the employee, Business Administrator or designee and a Union
representative. The Business
Administrator or designee will meet with the employee and/or
4. In making
transfers and promotions, and filling new positions, a candidate’s area of
competence, quality of performance within and outside the system, the needs of
the system, seniority and a candidate’s wishes will be considered.
8:2 Posting
All positions shall
be posted for ten (10) week days prior to the position being filled. All notices shall be posted on the bulletin
board in every school and the Central Office.
The notice shall be sent to the
8:3 Interviews for Positions
All Bargaining Unit candidates for transfer and/or promotion who apply
for a posted position, and meet the minimum qualifications for the position,
will be interviewed.
8:4 Probation
and Transfer Regulations
1. A member of the bargaining unit who has successfully completed the initial probationary period and who is transferred or promoted to a different position of employment within or outside the bargaining unit shall be obliged to serve an additional probationary period, if any, associated with the new position, provided, however, that the employee shall be entitled to any benefits associated with the position immediately upon assuming the position.
2. A member of
the bargaining unit who has successfully completed the initial probationary
period and who is transferred or promoted to a different position of employment
within or outside the bargaining unit shall retain all accumulations of leave
accrued while a member of the bargaining unit, provided that such accruals
shall not exceed the maximum amount of accruals that are allowed to a person
holding the position to which the employee is transferred or promoted. In the event there is an excess of accruals, the amount of accruals allowed to be retained shall be the
same as the maximum amount of accruals allowed to a person holding the position
to which the employee is transferred or promoted. In the event the amount of accruals is less
than the amount allowed to a person holding the position to which the employee
is transferred or promoted, the employee may continue to accrue such benefits
as are allowed to a person holding that position up to the maximum amount
allowed for that position.
3. In the event
a present member of the bargaining unit is transferred or promoted to a
position within the bargaining unit, the District, at its sole discretion, may
within 75 calender days from the effective date of the transfer or promotion,
transfer the employee to the employee’s former position or to another position
which has the same grade and pay rate as
the position from which the employee was first transferred or promoted. The 75 calendar day period may be extended as
provided in 8:3.4(b) below. Transfers
under this paragraph 8:3.3 shall not be grievable.
4. Probation
a. All newly
hired personnel, and all employees assuming a new position, shall be obliged to
serve a probationary period.
b. The District may terminate a newly hired person
from employment within the probationary period.
Terminations under this Paragraph 8:3.4(b) shall not be grievable.
5. A probationary employee who is
transferred or promoted to a different position within or outside the
bargaining
unit, prior to completing the initial probationary period, shall complete the
entire probationary period, if any, associated with the position to which the
employee is transferred or promoted, and shall be entitled to benefits, if
eligible, not withstanding the fact that active employment may have been served
in more than one position.
UNION REPRESENTATIVES
9:1 Official
List of
The UNION shall furnish the BOARD with a list of its
officers and authorized building representatives, and shall as soon as possible
notify the BOARD in writing of any changes,
No Union representative shall be
recognized by the BOARD except those designated in writing by the UNION.
ARTICLE X
UNION PRIVILEGES AND RESPONSIBILITIES
l0:1 Fair
Practices
As exclusive representative, the
10:2 Recognition of Local Organization
Representative
The Principal or Business Administrator shall
recognize the UNION building representative as the official representative of
the local organization.
10:3 Distribution
of Materials
Officers or officials of recognized employee
organizations shall have the right to distribute organizational materials
provided such materials are in good taste and provided that such materials
shall not include campaign organization
material related to local, state, or national political matters. Such distribution shall be made through the
central mailing system.
10:4 Meetings
The authorized representative of the
10:5 No
Local Organization Activity
Except as provided herein, the
10:6 Protection
of Individual and Group Rights
Nothing contained herein shall be construed to prevent
the BOARD, a member of the BOARD or its designated representatives from meeting
with any employee for expression of the employee’s views. In the area of this
Agreement, and for the term hereof, no changes or modifications shall be made
except through negotiations with the
10:7 Information
1. The BOARD
shall make available to the
2. If the
public agenda of a BOARD meeting has been prepared 24 hours in advance of such
BOARD meeting, it shall be made available to the President of the
3. A copy of
the minutes of all BOARD meetings shall be made available to the President of
the
10:8 The
UNION shall be permitted to post union related notices and other materials on
the faculty/staff bulletin board provided the notices are in good taste and
provided that such materials shall not include campaign organization material
related to local, state, or national political matters.
10:9 In
the event the President of the
10:10 Union Business
C.
In the case of
a leave of absence, the District shall not be liable for any salary or benefit
costs. Insurances may be extended at the
President’s expense to the extent mandated by state and federal law. The President, at the President’s expense,
may maintain enrollment in the City of
D.
For the first two
(2) consecutive years of a leave of absence, the President shall retain all
rights to the position the President formerly held. The provisions of Article 8 herein shall
apply to the extent they may impact on said rights.
E.
For the first two
(2) consecutive years of a leave of absence, the President, for the purpose of
seniority, shall receive full-year credit.
F.
The District
shall have no obligation to make a contribution to the New Hampshire Retirement
System on behalf of the President while on leave unless a contribution is
mandated by the System or by other provisions of state law.
ARTICLE XI
RESOLUTION OF DIFFERENCES BY PEACEFUL
MEANS
The
Nashua Teachers Union and the School Board agree that differences between the
parties shall be settled by peaceful means as provided within this
Agreement. The Nashua Teachers Union in
consideration of the value of this Agreement and its terms and conditions will
not engage in, instigate or condone any strike, work stoppage or any concerted
refusal to perform normal work duties on the part of any employee covered by
this Agreement for the duration of this Agreement.
CONFORMITY TO LAW AND SAVING CLAUSE
If
any provision of this Agreement is or shall at any time be determined contrary
to law by a court of competent jurisdiction, then such provision shall not be
applicable or performed or enforced except to the extent permitted by law. In the event that any provision of this
Agreement is or shall at any time be determined to be contrary to law by a
court of competent jurisdiction, all other provisions of this Agreement shall
continue in effect.
MISCELLANEOUS PROVISIONS
13:1 It is
understood that for the duration of this Agreement employees shall continue to
serve under the direction of the Superintendent of Schools and in accordance
with School Board policies and administrative rules, regulations and the
provisions of this Agreement.
13:2 Expenses
of Printing and Distributing Agreement
The BOARD agrees to pay for the cost of printing this
Agreement in booklet form. The
13:3 Meetings
Meetings shall be held as deemed necessary by either
party during the school year with the Superintendent and UNION President to
discuss matters of concern to both parties.
These meetings shall be held at a mutually agreeable time and place. The UNION President and the Superintendent
shall determine the representative who will attend the meeting for their
respective parties. Whenever possible,
the parties should exchange notice of the subject matters they wish to discuss.
13:4 Management
Rights
The
1.to the executive management and administrative
control of the School System and its properties and facilities;
2.to hire, promote, transfer, assign and retain
employees in positions with the Nashua School System and to suspend, demote,
discharge or take other disciplinary action against employees for just cause,
to relieve employees from duty because of lack of work or other legitimate reasons,
and, except as specifically limited by
this Agreement, to determine terms and conditions of employment.
13:5 Being
a mutual agreement, this instrument may be amended at any time by mutual
consent.
13:6 The
Agreement expressed herein in writing constitutes the entire Agreement between
the parties, and no oral statement shall add to or supersede any of its
provisions.
ARTICLE XIV
DURATION OF AGREEMENT
14:1 The
provisions of this Agreement unless otherwise specified shall become effective
as of July 1, 2005 and
shall continue and remain in full force and effect to and including June 30, 2009 when it shall expire unless an extension is agreed
to by both parties and expressed in writing prior to such date. The BOARD and the
14:2 IN
WITNESS WHEREOF the parties hereto have caused this Agreement to be signed by
their respective presidents, attested by their respective secretaries, and
their corporate seals to be placed hereon, all on the day and year first above
written.
BY________________________________ Date
Richard
Dowd, President
LOCAL l044 AFL CIO
BY_______________________________ Date
Jackie
McKnight, President
Appendix A-1
Effective
July 1, 2005 through June 30, 2006,
employees shall be paid in accordance with the following schedule:
|
|
1 |
2 |
3 |
4 |
|
Seniority: |
(0-5 yrs.) |
(6-10 yrs.) |
(11-15 yrs.) |
(16+ yrs.) |
|
Grade/Step |
|
|
|
|
|
3 |
$15.40 |
$16.16 |
$16.89 |
$17.66 |
|
2 |
$13.85 |
$14.59 |
$15.34 |
$16.09 |
|
1 |
$11.98 |
$12.72 |
$13.47 |
$14.23 |
*Salary schedule reflects 0%
cost of living adjustment and no step advancement on the schedule.
Grade 1: Department
Secretary, Guidance Secretary, Library Secretary
Grade 2: School
Secretary, Attendance Secretary, Central Office Secretary, Receptionist
Grade 3: High School
Principal’s Secretary, Accounting Secretary, Accounts Payable Supervising
Secretary
Appendix
A-2
Effective November 1, 2006, employees who were Grade II
prior to November 1, 2006 and Grand-fathered Grade III employees shall be paid
in accordance with the following schedule.
|
|
1 |
2 |
3 |
4 |
|
Seniority: |
(0-5 yrs.) |
(6-10 yrs.) |
(11-15 yrs.) |
(16+ yrs.) |
|
Grade/Step |
|
|
|
|
|
2 |
$14.27 |
$15.03 |
$15.80 |
$16.57 |
|
3 (grandfathered) |
$15.86 |
$16.64 |
$17.40 |
$18.19 |
*Salary schedule reflects 3% cost of living
adjustment and no step advancement.
Grade 2: Department Secretary, Guidance Secretary, Library
Secretary
School Secretary, Attendance Secretary, Central Office
Secretary, Receptionist, High School Principal’s Secretary, Accounting
Secretary, Accounts Payable Supervising Secretary
Appendix
A-3
Effective July 1, 2007,
employees shall be paid in accordance with the following schedules and employees shall be placed on the schedule with
credited years of experience and advanced a step if eligible.
|
|
1 |
2 |
3 |
4 |
|
Seniority: |
(0-5 yrs.) |
(6-10 yrs.) |
(11-15 yrs.) |
(16+ yrs.) |
|
Grade/Step |
|
|
|
|
|
2 |
$15.03 |
$15.80 |
$16.57 |
$17.40 |
|
|
|
|
|
|
Grade 2: Department Secretary, Guidance Secretary, Library
Secretary
School Secretary, Attendance Secretary, Central Office
Secretary, Receptionist, High School Principal’s Secretary, Accounting
Secretary, Accounts Payable Supervising Secretary
Employees who were on
Grade 3 during the 2005-2006 school year and thus grand-fathered shall be
placed on the schedule with credited years of experience and advanced a step if
eligible:
|
|
1 |
2 |
3 |
4 |
|
Seniority: |
(0-5 yrs.) |
(6-10 yrs.) |
(11-15 yrs.) |
(16+ yrs.) |
|
Grade/Step |
|
|
|
|
|
3 (grand-fathered) |
$16.64 |
$17.40 |
$18.19 |
$19.10 |
|
|
|
|
|
|
Appendix
A-4
Effective July 1, 2008,
employees shall be paid in accordance with the following schedules and employees shall be placed on the schedule with
credited years of experience and advanced a step if eligible.
|
|
1 |
2 |
3 |
4 |
|
Seniority: |
(0-5 yrs.) |
(6-10 yrs.) |
(11-15 yrs.) |
(16+ yrs.) |
|
Grade/Step |
|
|
|
|
|
2 |
$15.48 |
$16.27 |
$17.07 |
$17.92 |
|
|
|
|
|
|
Grade 2: Department Secretary, Guidance Secretary, Library
Secretary
School Secretary, Attendance Secretary, Central Office
Secretary, Receptionist, High School Principal’s Secretary, Accounting
Secretary, Accounts Payable Supervising Secretary
Employees who were on
Grade 3 during the 2005-2006 school year and thus grand-fathered shall be
placed on the schedule with credited years of experience and advanced a step if
eligible:
|
|
1 |
2 |
3 |
4 |
|
Seniority: |
(0-5 yrs.) |
(6-10 yrs.) |
(11-15 yrs.) |
(16+ yrs.) |
|
Grade/Step |
|
|
|
|
|
3 (grand-fathered) |
$17.14 |
$17.92 |
$18.74 |
$19.67 |
*Salary schedule reflects 3% cost of living
adjustment and step advance for eligible employees.
Unit C
Secretaries
Dues Deduction Authorization
TO:
NASHUA BOARD OF EDUCATION
Effective_________________________ (date),
I (Please
print your name)
hereby
request and authorize you to deduct Union dues from my earnings with the next
paycheck and continuing in
equal
installments in an amount equal to the Union dues as set by the membership in
accordance with the provisions
of
the Constitution of the
of
the Nashua Teachers Union, Local l044, AFT, AFL-CIO. This authority shall remain in full force and
effect for
all
purposes while I am employed in this school system, or until revoked by me in
writing between September 1 and
September
15 of any given year.
______________________________
EMPLOYEE’S
SIGNATURE SOCIAL
SECURITY NUMBER
______________________________
EMPLOYEE’S
ADDRESS SCHOOL
______________________________
DEPARTMENT
STATUS: ___ Schedule I ___ Schedule II ___ Schedule III
Please
return this form to: Nashua Teachers’
Dues,
contributions, or gifts to the Nashua Teachers’
income
tax purposes. Dues paid to the Nashua
Teachers’
may
be deductible in limited circumstances subject to various restrictions imposed
by the Internal Revenue Code.
TO
Effective__________________________,
I hereby request and authorize you to deduct an agency fee from my earnings
with the next paycheck and continuing in equal installments in an amount
certified by the UNION as set by the membership in accordance with
the provisions of the Constitution of the Nashua Teachers’ Union. This amount shall be paid to the Financial
Secretary-Treasurer of the Nashua Teachers’
_________________________________ ___________________________
EMPLOYEE’S NAME
(PLEASE PRINT) SOCIAL
SECURITY NUMBER
_________________________________ ___________________________
EMPLOYEE’S SIGNATURE SCHOOL
_________________________________ ___________________________
EMPLOYEE’S SIGNATURE DEPARTMENT/POSITION
Please return this form to:
Nashua Teachers’
RATIFICATION/APPROVAL
The
Nashua Board of Education and the Nashua Teachers’ Union mutually agree that
the Board of Education’s ratification of their Agreement is subject to
Aldermanic approval of the cost thereof and Aldermanic appropriation of
sufficient funds in addition to those contained in the City of Nashua approved
budgets and contingency accounts, as adjusted, and the transfer of all of said
funds to the Board of Education thereby permitting it to fund the referenced
Agreement. Failing such appropriation
and transfer, the Agreement shall be null and void and the parties shall continue
to negotiate a successor agreement as provided by law. Upon approval, as aforesaid, retroactive
wages and benefits contained in the referenced CBA shall be granted only to
employees in the current employ of the District on the date of execution of this
Agreement.
BY________________________________ Date
Richard
Dowd, President
LOCAL l044 AFL CIO
BY_______________________________ Date
Jackie
McKnight, President
The Nashua Board of Education and the Nashua Teachers’ Union, Local 1044, AFT, AFL-CIO agree that members of this Collective Bargaining Unit, in the active employ of the Nashua School District and employed in this Collective Bargaining Unit on the date of approval from the City of Nashua Aldermen, and, who are earning an hourly wage rate above the appropriate pay rate, as provided in this and prior negotiated agreements, shall receive the annual percentage increase in their hourly wage rate consistent with the agreed upon annual percentage increases for this Collective Bargaining Unit.
BY________________________________ Date
Richard
Dowd, President
LOCAL l044 AFL CIO
BY_______________________________ Date
Jackie
McKnight, President
The parties agree
to establish a Joint Labor Management Committee to review the current wage
structure and the placement of specific positions within the salary grades and
make any necessary recommendations . There shall be equal compositon on this
Committee from Labor and Management. The
Union representatives shall be appointed by the NTU President. The recommendations are due from the
Committee not later than January 1, 2003. The Committee may extend the January
1, 2003 if it deems necessary to complete its’ work.
BY________________________________ Date
Richard
Dowd, President
LOCAL l044 AFL CIO
BY_______________________________ Date
Jackie
McKnight, President
Sidebar
Agreement
Evaluation Committee
Parties agree to establish
a joint labor management committee for the development and implementation of an
annual system and form(s). The Committee will have equal representation from
labor and management. The Union
representatives on the Committee shall be appointed by the President of the
NTU. The objective will be to provide for annual evaluation of all
members.
BY________________________________ Date
Richard
Dowd, President
LOCAL l044 AFL CIO
BY_______________________________ Date