Search

5:5

5:6

5:7

with the Nashua School District after receiving compensation for a portion of time not worked shall
reimburse the Schoo! District for the amount of unearned compensation.

The President of the Association or his or her designee shall be granted 1 day of paid jeave per fiscal
year to attend the national union conference.

Longevity

See Appendix B for a listing of Association members’ longevity payments.

Severance Pay

Upon the retirement or death of a full or part-time Assocation member who has at least ten (10)
years seniority in the District, the District shall pay to that employee or the employee’s estate, in the
case of death, a per diem rate based on 60% of the employee’s current daily per diem salary, per day
of accumulated sick leave up to a maximum of one hundred (100) days. If the retirement or death
occurs in the middle of a fiscal year, the District shall pro-rate credit for sick leaye based on the
separation date. For example, if you retire July 30, you would receive 1/12 of your sick time that is
loaded July 1.

Upon the resignation or layoff of a full or part-time employee who has at least ten (10) years seniority
in the District, the District shall pay to that employee a per diem rate based on 35% of the employee's
current daily per diem salary per day of accumulated sick leave, up to a maximum of one hundred
{100) days. If the resignation or layoff occurs in the middle of a fiscal year, the District shall pro-rate
credit for sick leave based on the separation date. For example, if you resign July 30, you would
receive 1/12 of your sick time that is loaded July 1.

Upon the retirement, death, resignation or jayoff of a full or part time employee, or if the employee
transfers into a position not eligible for vacation, the District shall pay to that employee (or the
employee’s estate if the employee is deceased}, a per diem rate based on 100% of the employee’s
accrued vacation time.

Association members in the employ of the District prior to July 1, 2011 shall be grandfathered in at a
maximum accural of 185 sick days for the purpose of severance calculations.

Total severance payments made to an administrator over the course of his or her career(s} with the
Nashua School District shall not exceed the maximum payment for which the Association member is
eligible under Section 5:6 {above}.

Calculation of Per Diem Rates

For purposes of determining the value of payroll adjustments, accrued vacation leave and
severance, full calendar year shall be considered working 260 days. School year employees shail
use the amount of days currently assigned to their position.

Page 9

6:1

6:2

6:3

ARTICLE VI

Supplemental Benefits

Workers Compensation

Association members shall be subject to the provisions of the New Hampshire Workers’
Compensation Law.

New Hampshire Retirement System

Association members shall be subject to the provisions of the New Hampshire Retirement System.
Health Insurance

The District shall provide, upon the request of an Association member, the benefits of an individual,
two-person or family coverage under one of the following plans offered by the Board of Education,
or acomparable plan as determined by the Board

a) Point-of-Service Plan;
b) HMO Plan; or
c) An additional plan made available through the Board with benefit levels and premium

cost sharing mutually determined by the Board and the Association.

Health care plan options are at the sole discretion the Board, and the Board reserves the right to
change a health insurance carrier providing comparable benefits. The District shall have the right to
provide prescription benefits through a separate provider managed by a pharmacy benefits manager.

Any Association member requesting initial membership in a plan may enter during a specified
enrollment period. Any eligible Association member desiring to select a different plan may make
such a change only during the annual enrollment period or a qualifying event.

The group health insurance of any Association member terminating employment with the District for
whatever reason - resignation, retirement, lay-off, discharge or unpaid leave of absence other than
sick leave - shall expire on the last day of the month following the month the Association member
terminates employment with the District.

The District shall contribute 70% of the premium for a point-of-service plan, and 80% of the premium
for an HMO plan. All plans offered by the district shall have the following co-pays and deductibles:

a} Twenty Dollars ($20.00) per medical visit;

b) One Hundred Dollars (5100.00) per emergency room visit;

c) Two Hundred Fifty Dollars ($250.00) per person, Five Hundred Dollars ($500.00) per two-
person/Family Inpatient/Outpatient Facility Deductible;

d) Three (3) Tier Pharmacy Benefit of $5/15/35 ($5/30/70 mail order).

Specific provisions of each plan, including pharmacy benefits, will be provided to each employee at
the time of hire, upon request, or in advance of any changes to the benefits provided by a plan.

Page 10

6:4

6:5

6:6

6:7

6:8

Ti

7:2

The parties agree to reopen the contract only on the issue of health insurance in the event that the
Cadillac Tax is ever implemented.

Life Insurance

All Association members are eligible for life insurance at one and one-half times an individual’s
annual salary, to a limit of $100,000.

Professional Membership Dues

The Superintendent may approve the cost of membership dues to recognized professional
associations directly supporting an Association member's area of responsibility, contingent upon
available funds.

Long-Term Disability Insurance

The District shall pay for long term disability insurance for all Association members.

Dental Coverage

The District shall provide, upon the request of an Association member, at no cost to the Association
member, single person, two person or family plans for dental coverage. Dental Buy-Up option is
available to all members.

Vision Coverage

The District shall provide, upon the request of an Association member, at no cost to the Association
member, vision coverage for a single, two-person, or family plan.

ARTICLE Vil

Leaves of Absence

Vacation Leave

Full Calendar Year Association members shall receive twenty (20) days of annual vacation leave,
accruable on an ongoing monthly basis. Full Calendar Year Association members may accumulate
and carry over up to forty (40) vacation days on August 1* of each year.

Part Time full year Association members shall receive annual vacation leave, and have the same
accrual and carry-over privileges as above, on a prorated basis.

Holidays

All full year Association members shall receive the following paid holidays:

July 4" Day After Thanksgiving
Labor Day Christmas Day

Page 11

7:3

7:4

75

7:6

77

7:8

Columbus Day New Year's Day
Veterans’ Day Martin Luther King Day
Day Before Thanksgiving Memorial Day

Thanksgiving Day
Sick Leave

Each full year Association member shail be entitled to fifteen (15) days sick leave per fiscal year. Sick
leave will be cumulative to 165 days for those employees hired on or after July 1, 2011, and 185 days
for the employees hired prior to July 1, 2011. School year Association members shall be entitled to
11 sick days. Sick leave and accruals for part time employees wiil be prorated based on the standard
hours for the position.

Sick leave may be used for absences caused by illness or accident of the employee, or the empioyee’s
spouse or domestic partner, children or parents.

FMLA

The Nashua School District will abide by the requirements of the Family Medical Leave Act as it may
be amended from time to time.

Sick Leave Bank

Any eligible Association member may elect to participate in the Sick Leave Bank as outlined in the
Nashua School District Non-Affiliated Employees Handbook, as it may be revised from time to time
by the Board of Education.

Personal Days

Full-year Association members shall be entitled, during each fiscal year, to four (4) paid personal
days. School year Association members shall be entitled, during each fiscal year, to three (3) paid
personal days on days they are scheduled to work.

Personal days must be approved in advance by the Association member's supervisor. Personal leave

for part-time employees will be prorated based on the Standard Hours for the position. Personal
days are not accruable to the next fiscal year.

Military Service Leave
The District will comply with USERRA and the Military Leave Provisions of the Family and Medical Act.
Bereavement Leave

Association members are entitled to bereavement for seven (7) days for the death of a spouse,
domestic partner or child; three (3) days for the death of immediate family members; and up to three

Page 12

7:9

7:10

7d

8:1

8:2

(3) days in any fiscal year for the death of close relatives. “Immediate family members” include
mother, father, brothers, sisters, and grandparents, as well as in-laws and step-relations to these
members. School year employees are entitled to the above for deaths that occur during the school
year.

Extended Leave

Upon the approval of the Superintendent and the Board, an Association member may be granted an
unpaid extended leave of absence for up to two full semesters, except that no leave of absence will
be granted for the purpose of accepting employment outside of the Nashua School District, or for
self-employment.

Jury Duty

Employees called to jury duty will be paid the difference between compensation earned for jury duty
and their regular salary. Employees must submit evidence of service as a juror and any compensation
for jury duty to the Payroll Office.

Released Time

Members of the negotiating team for the Association will be granted released time, if needed,
without loss of pay or loss of personal days for the purpose of contract negotiations, mediation, fact
finding, grievance representation arbitration and related court hearings.

ARTICLE VIII

Employment Status

Vacancies and New Positions

A. Vacancies and new positions shall be posted in iNews. A copy shall be sent to the Association
President when posted. Such notice shall be posted for no less than ten (10) calendar days
prior to the closing date of application for such vacancies or new positions. All posting
notices referred to herein shall delineate the duties, rate of compensation, qualifications for
the position, and application procedure.

Involuntary Transfers

A. Where operational conditions permit, notice of a transfer which has not been requested by
the Association member shall be given to that Association member no less than 30 calendar
days prior to the effective date of the transfer.

B. An Association member who has been transferred and objects to the transfer may request a
meeting with the Superintendent or designee, with or without an Association
Representative, to discuss the transfer. Such a meeting will be scheduled within |0 days of
receipt of the request.

Page 13

8:3

8:4

8:5

Reduction in Staff

During a reduction in staff, the following guidelines will be used:

A.
B.

Where possible, staff reductions will be accomplished through normal attrition.

Where normal attrition does not suffice to reduce personnel in line with available applicable
positions, the following criteria will be considered within each pool—Each pool will be based
on positions within individual departments. First: level of performance as determined by
the performance evaluation, length of administrative experience in the District, and needs
of the District. Additionally, the following items will be considered: total length of service
with the District, prior administrative experience outside the District; voluntary district-wide
contributions; and level of formal education.

The Association member(s) so affected will be rehired or reassigned to vacancies within their
respective pools which may subsequently occur within a period of two years following the
layoff or reassignment and for which the Association member is qualified.

Probationary Status

A.

New employees in Association positions shall be considered probationary employees for the
first ninety (90) days of employment. At the discretion of the Superintendent, a probationary
period may be extended for an additional thirty (30} days based on reasons such as extended
absence from the job or a change in the Association member's supervisor.

The purpose of the probationary period is to provide a reasonable period of time for an
employee to learn the fundamental requirements of the position, and for management to
assess an employee’s potential for successful performance in the position.

The Superintendent may dismiss an employee during the initial probationary period for any
reason. An employee who was employed with the District immediately prior to assuming a
new position may be returned to his or her former position or a comparable position if such
a position is available.

Discipline

A.

The Association recognizes the right of the Nashua School District to discipline or discharge
employees for cause. Discipline shall be corrective in nature and ordinarily utilized
progressively, and shall follow due process. Progressive disciplinary actions normally follow
the following order:

(1) Verbal Warning
(2} Written Warning
(3} Suspension without pay

(4) Termination

Page 14

8:6

9:1

9:2

9:3

9:4

10:1

B. The severity of any particular infraction may warrant an immediate disciplinary consequence
at a higher level, up to and including termination.

c: All disciplinary actions shall be documented and signed by both parties. The original will be
placed in the employee’s personnel folder in the Human Resource office.

D. All disciplinary actions are subject to appeal following the grievance procedure outlined in
Article XAXIII.

Resignations and Retirements

Unless for health reasons, Association members shall provide no less than thirty (30) calendar days
notice of resignations and retirements.

ARTICLE IX

Performance Appraisals

All evaluations and job performance appraisals will be in accordance with the evaluation and
performance forms and procedures adopted jointly by the Joint Labor Association with
representation from both Administration and Union. The evaluation and job performance appraisal
process shall include establishing performance goals for the ensuing year.

Association members shall have the right to comment on any material contained in their respective
personnel file and their comments shall be affixed to the pertinent material.

In those instances when an employee’s job performance consistently fails to meet minimum
performance expectations despite prior counseling and/or warnings from the employee’s supervisor,
the employee may be placed on a written plan of remediation. During the time frame when the
employee is on written plan of remediation, no annual wage percentage increase will be rewarded.
Failure of the employee to meet the requirements for improvement in performance outlined in the
plan may result in discharge (termination) from employment.

The Association and the District will create a joint labor management committee to create a rubric
to be used for employee evaluations.

ARTICLE X

Terms and Conditions of Employment

Work Year

A. All Association members Adrrinistraters- shall work fullealendaryearbasedontwohundred
Sieh 1260) days._Supenisers-shall work the days listed in Appendix A.

Page 15

10:2

10:3

11:1

B. As a professional, all Association members are expected to devote to work the time
necessary to accomplish the task at hand which may include meetings, conferences,
programs and/or workshops which extend or are beyond the normal eight hour work day.

Discrimination
There shall be no discrimination against any Association member because of legally permissible
Association activities or because of membership in the Association, or because of the filing or
processing of any grievance under this contract.
Benefits for Part-Time Administrators
Administrators who are employed by the school district on less than a full-time basis shall be entitled
to the following benefits prorated in the ratio the administrator's work day/work year is to the work
day/work year of a full-time administrator:
5:2 Course Tuition Reimbursement;
5:5 Longevity (see Appendix B);
ul Vacation;
7:2 Holidays;
7:3 Sick Leave;
7.4 Sick Leave Bank;
wa Personal Day
Administrators who are employed by the school district on less than a full-time basis shall also be
entitled to severance pay and life insurance, the calculation of which already reflect the
administrators’ part-time status.
ARTICLE XI

Association Representatives

Official List of Nashua Association of School Administrators and Supervisors Representatives

The Association shall furnish the Board with a list of its officers and shall as soon as possible notify
the Board in writing of any changes. No Association Representative shall be recognized by the Board
except those designated in writing by the Association.

ARTICLE XII

Page 16

12:1

127?

12:3

12:4

12i5

12:6

Association Privileges and Responsibilities
Fair Practice
As exclusive representative, the Association shall not preclude from membership any person in the

unit described in ARTICLE |. The Association will represent equally all persons described in ARTICLE |
without regard to membership in, participation, or activities in the Association.

Recognition of Local Organization Representative

The Superintendent shall recognize the Association President and/or a person designated by the
President in writing as the official representative of the local organization.

Distribution of Materials - Mail Boxes

Officers of the Association shall have the right to use reasonably the Administrative Office and/or
school mail boxes for distribution of Association material provided such materials are directly related
to Association business and are not in violation of any laws, rules, regulations or school policies.

Association Meetings

The authorized representative of the Association shall have the right to schedule Association
meetings in a school building before or after regular work hours as long as such meetings do not
interfere with any school business, acitvities or functions.

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 administrator for expression of views. Nothing
contained herein shall be construed to prevent any person from informally discussing any dispute
with the immediate superior or processing a grievance on the person's own behalf in accordance
with the Grievance Procedure set forth in Article X44XIll. None of the provisions of this agreement
for its duration shall be changed or modified without the mutual written consent of the Board and
the Association. Nothing contained herein shall be construed to permit an organization other than
the Association to appear in an official capacity in the processing of a grievance.

Leave for President

The President of the Association or designee shall be granted one day paid leave per fiscal year to
attend AFSA, AFL-CIO conferences.

ARTICLE XIII

Grievance Procedure and Resolution of Complaints

Page 17

4413:1

4413:2

4413:3

Both parties to this agreement encourage employees to bring forward concerns about work-related
issues to their supervisors, with the haope that direct communication and constructive conversations
can lead to the informal resolution of disagreements at the lowest possible level. However, should
an employee be unable to resolve a concern with his or her supervisor, the grievance procedure
outlined in this article shall be followed.

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 this Agreement, or which involve a perceived violation
of work place conditions. All such grievances will be handled as follows:

A grievance must be filed within ten (10) working days of its occurrence or within ten (10) days of the
date the employee, by reasonable diligence, should have known of its occurrence. The grievance
must be submitted to the next step within the time limits provided or it will be considered settled. A
grievance once settled at any one of the following steps shall not be further subject to the grievance
procedure.

Grievances shall be processed in the following manner:

Step 1 Any Association member who has a grievance shail, with or without an Association
Representative, discuss it first with the immediate supervisor, in an attempt to resolve the
matter at this level. A decision shall be rendered within ten (10} working days.

Step 2. An unfavorable decision under Step 1 may be formally appealed to the immediate
supervisor within ten (10} working days. The appeal must be in writing on the grievance
form as provided by the Association. The immediate supervisor shall render a decision
within ten (10) working days.

Step 3. An unfavorable decision under Step 2 may be appealed to the Superintendent within ten
(10) working days. The Superintendent shall render a decision within ten (10) working
days.

Step 4 An unfavorable decision under Step 3 may be appealed to the Board of Education within
ten (10} working days. The Board shall render a decision within twenty (20) working days.

Step5 ‘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 Association may submit such grievance to arbitration by giving
written notice thereof to the Board not later than ten (10} working days after the
completion of Step 4. The grievance shall be considered as having been settled at Step 4,
unless it is so submitted to arbitration within such time limit.

The choice of the Arbitrator shall be by agreement of the parties. However, if such
agreement has not been reached within ten (10) working days after the receipt of such
written notice submitting the grievance to arbitration, the grievance may be referred by
the Association to the New Hampshire Public Employees Labor Relations Board for the
selection of an arbitrator in accordance with the applicable rules of said Board. Any
arbitration hereunder shall be conducted in accordance with such rules, subject to the
provisions of this Agreement. Determinations and decisions set forth by said arbitrator

Page 18