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Board Of Aldermen - Agenda - 1/11/2022 - P16

By dnadmin on Mon, 11/07/2022 - 07:39
Document Date
Fri, 01/07/2022 - 14:03
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 01/11/2022 - 00:00
Page Number
16
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__011120…

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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 a comparable pian as -determined by the Board:

a. Point-of-Service Plan;
HMO Plan; or

ee -a.0 rete

High Deductible

Health Plan (HDHP) with Health Savings Account (HSA):
d. High Deductible Health Plan without Health Savings Account [HSAI,

Health care plan options are at the sole discretion of 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 ieave 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 and High Deductible plans. Ail 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 ($100.00) 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; and

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

The following co-pays and deductibles below will become effective on July 1, 2022.
a) Twenty-five Dollars ($2025.00) per medical visit;

b) One Hundred Dollars ($100.00) per emergency room visit;

c) Fwetundrad fiftyOne Thousand Five Hundred Dollars ($2501500.00) per person, Five-Three
Thousand _Hurndsed—Dollars ($5903000.00) per two-person/Famit}y—family
Inpatient/Outpatient Facility Deductible; and

d) Three (3) Tier Pharmacy Benefit of $510/4530/35-50 ($520/30560/20-$100 mail order}.

2. Anthem HDHP with Health Savings Account (HSA):

a) Deductibles for the HDHP are $2,000 (single) and $4,000 (two-person/family);
b} Annual $1,500 single and 53,000 (two-person/family) contriubtion to the HSA;

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Board Of Aldermen - Agenda - 1/11/2022 - P16

Board Of Aldermen - Agenda - 1/11/2022 - P17

By dnadmin on Mon, 11/07/2022 - 07:39
Document Date
Fri, 01/07/2022 - 14:03
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 01/11/2022 - 00:00
Page Number
17
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__011120…

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c)_ Prorating of HSA contribution based upon enrollment date — Employees who join the HDHP

with HSA at any time other than July 1 will receive a pro-rated city contribution of $125
montly fora single plan and $250 monthly for 2-person or family plan for each full month
remaining in that fiscal year.

d)__Annual disbursement of HSA contribution in two (2) installments (July and October) — The
Board's contribution will be distributed in two (2) installments, one on or about July 1 and

one on or about October 1, provided however that if an employee is required to pay more

towards his/her deductible than the initial 50% contribution, upon presentation of suitable

documentation, the City will contribute the remaining 50% before October 1.

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.

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 Jimit of $406,608200,000.

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 shal! 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

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Board Of Aldermen - Agenda - 1/11/2022 - P17

Board Of Aldermen - Agenda - 1/11/2022 - P18

By dnadmin on Mon, 11/07/2022 - 07:39
Document Date
Fri, 01/07/2022 - 14:03
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 01/11/2022 - 00:00
Page Number
18
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__011120…

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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
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 shall 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 will be prorated based on the standard
hours for the position. Sick days for staff hired after the start of the fiscal year will be prorated in the

year of hire.

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

FMLA

The Nashua Schoo! 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.

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Board Of Aldermen - Agenda - 1/11/2022 - P18

Board Of Aldermen - Agenda - 1/11/2022 - P19

By dnadmin on Mon, 11/07/2022 - 07:39
Document Date
Fri, 01/07/2022 - 14:03
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 01/11/2022 - 00:00
Page Number
19
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__011120…

77

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. Personal days for staff hired after the start of the fiscal
year will be prorated in the year of hire.

Snow Day

Administrators shall be entitled to one (1) snow day per academic year to work from home at the

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711

time the Superintendent makes the call that schools are closed due to inclement weather.
Administrators shall notify their immediate supervisor_of the intention to work from home.
Supervisors may request evidence of work products as necessary. Annual snow days are not
accruable to the next fiscal year and cannot be used for Severance Pay (5:6),

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
(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.

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Board Of Aldermen - Agenda - 1/11/2022 - P19

Board Of Aldermen - Agenda - 1/11/2022 - P20

By dnadmin on Mon, 11/07/2022 - 07:39
Document Date
Fri, 01/07/2022 - 14:03
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 01/11/2022 - 00:00
Page Number
20
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__011120…

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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.

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 IO days of
receipt of the request.

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 poots 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

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Board Of Aldermen - Agenda - 1/11/2022 - P20

Board Of Aldermen - Agenda - 1/11/2022 - P21

By dnadmin on Mon, 11/07/2022 - 07:39
Document Date
Fri, 01/07/2022 - 14:03
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 01/11/2022 - 00:00
Page Number
21
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__011120…

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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

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

Cc. 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 Xb.

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 Jeimt—Laber—Associaten—with
representationfrom-beth-Administration and Union. The evaluation and job performance appraisal
process shall include establishing performance goals for the ensuing year._ Annual evaluations shall

be completed by June 30" each year.

Association members shall have the right to comment on any material contained in their respective

perenrelfile—performance_appraisals_and their comments shalt be affixed to the pertinent
fratedalappraisal.

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-efremediationPerformance Improvement Pian (PIP).
During the time frame when the employee is on writter-plan-ofremediatiena PIP, no annual wage

percentage increase will be rewardedawarded. Failure of the employee to meet the requirements

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Board Of Aldermen - Agenda - 1/11/2022 - P21

Board Of Aldermen - Agenda - 1/11/2022 - P22

By dnadmin on Mon, 11/07/2022 - 07:39
Document Date
Fri, 01/07/2022 - 14:03
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 01/11/2022 - 00:00
Page Number
22
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__011120…

for improvement in performance outlined in the plan may result in disciplinary action up to and
including termination diseharge-terminaticatfrom employment with the Nashua School District.

9-4 _The Acsaciatien and the Dictrict-will create ajointlabor management committee to create atu brie

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Eee Sea eee eee:
ARTICLE X

Terms and Conditions of Employment
Work Year

A. All Association members shall work the days tisted in Appendix A.

Cc. 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:

§:2 Course Tuition Reimbursement;
5:5 Longevity (see Appendix B);

7:1 Vacation;

7:2 Holidays;

7:3 Sick Leave;

7.4 Sick Leave Bank;

75 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

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Board Of Aldermen - Agenda - 1/11/2022 - P22

Board Of Aldermen - Agenda - 1/11/2022 - P23

By dnadmin on Mon, 11/07/2022 - 07:39
Document Date
Fri, 01/07/2022 - 14:03
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 01/11/2022 - 00:00
Page Number
23
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__011120…

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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
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 Loca! 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 XII. 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 shafl 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.

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Board Of Aldermen - Agenda - 1/11/2022 - P23

Board Of Aldermen - Agenda - 1/11/2022 - P24

By dnadmin on Mon, 11/07/2022 - 07:39
Document Date
Fri, 01/07/2022 - 14:03
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 01/11/2022 - 00:00
Page Number
24
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__011120…

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ARTICLE XII]
Grievance Procedure and Resolution of Complaints

Both parties to this agreement encourage employees to bring forward concerns about work-related
issues to their supervisors, with the hope 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 shall, 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 Anunfavorable 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 Anunfavorable 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.

Step 5 ‘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

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Board Of Aldermen - Agenda - 1/11/2022 - P24

Board Of Aldermen - Agenda - 1/11/2022 - P25

By dnadmin on Mon, 11/07/2022 - 07:39
Document Date
Fri, 01/07/2022 - 14:03
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 01/11/2022 - 00:00
Page Number
25
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__011120…

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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
shall be final and binding upon the parties. Each party to the arbitration shall assume its
own expenses and an equal share of the expenses of the arbitrator.

Grievance Mediation: Either party may submit to the other a request for Grievance Mediation.
Grievance Mediation can only take place by mutual agreement at any time during the grievance
procedure. The parties will agree mutually on the mediator. This does not preclude mediation
occurring the day of arbitration nor using the arbitrator as the facilitator. Should Grievance
Mediation occur, the parties shall agree to a time extension for the following steps.

Failure of the administration to render a decision within the time limits shall permit the grievant to
proceed to the next step. The grievant shall continue to observe the rules and regulations of the
District while the grievance is pending. A grievant shall have all rights provided by RSA 273-A relative
to the processing of grievances.

ARTICLE XIV
Negotiations and Printing of Agreement

Up to five (5) Association members shall be allowed reasonable time off during regular working
hours, without loss of pay, for the purpose of collective bargaining. No overtime or other premium
pay shall be paid for time spent in collective bargaining.

Negotiations shall be conducted in accordance with N.H. RSA 273-A.

The District agrees to pay for the cost of printing copies of this Agreement for each Association
member. The Association agrees to distribute a copy of this Agreement to each Association member
presently employed by the District.

ARTICLE XV

Duration of Agreement

The provisions of this agreement shall become effective as of July 1, 2020-2021 unless otherwise
specified and shall continue and remain in full force and effect to and including June 30, 20242024
when it and all provisions and benefits therein shall expire unless an extension is agreed to by both
parties and expressed in writing prior to such date.

The Board and the Association agree to begin negotiation of a successor agreement concerning
wages, hours and other terms and conditions of employment no later than January 1, 20212024.

IN WITNESS WHEREOF the parties hereto have caused this Agreement to be signed by their
respective presidents.

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