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 Presidents
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. &nbs