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AGREEMENT

Unit D 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,
UNIT D. (hereinafter called the ‘'UNION'), DATED.

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ARTICLE |
RECOGNITION

The BOARD recognizes the Nashua Teachers’ Union as the exclusive representative for the purpose
of collective bargaining concerning wages, hours, and other terms and conditions of employment for
"Unit D", which includes: all full time and part time food service workers including lead cooks, cooks,
food service assistants, as certified by the New Hampshire Public Employees Labor Relations Board,
EXCLUDING Director of Food Services and Site Coordinators.

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, as certified to
the District by the Treasurer of the Union, and deliver the same to the Union Treasurer. Said deduction
is to be made weekly, however, if any member has no check coming or the check is not large enough
to satisfy the assignments, then and in that event no collection will be made from said member for that
week. Deductions will commence no later than the fourth pay period following the date the
authorization is filed with the District.

The form of the authorization is shown as Appendix B to this agreement.

The UNION shall select a single payroll dues deduction arrangement for each contract year to cover all
Union members, and shall inform the District payroll office of arrangements at least three calendar
weeks prior to the implementation date. Said dues deduction shall begin on the 1* day of employment.

The right to dues deduction shall be extended to the recognized bargaining agent only.

The Union will hold the District harmless from any disputes between the Union and its members
relative to the deduction of dues. The District shall have no obligation to collect dues beyond the
weekly deduction.

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 N.H. RSA 273-A.

ARTICLE li
DEFINITIONS

The term "School", as used in this Agreement, means any work location or functional division
maintained by the BOARD where instruction is offered to the children of Nashua. The term "Work
Place" means a school cafeteria.

The term “Principal”, as used in this Agreement, means the responsible administrative head of a
respective school. The term "Director" means the Director of Food Services.

The term "Teachers' Union Representative", as used in this Agreement, shall mean any duly
authorized designee of the Federation.

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Whenever the singular is used in this Agreement, it is to include the plural where the context clearly so
indicates.

The term “Employee”, as used in this Agreement, means any member of the bargaining unit

The "probationary period” for new hires shall be 90 full calendar days physically present on the job as
an employee as defined herein. The probationary period for employees who have completed their
initial 90 calendar day probationary period and who are transferred or promoted to another position,
shall be 30 full calendar days physically present on the job as an employee as defined herein.
Employees who are transferred or promoted during their initial 90 calendar day probationary period,
must complete that initial probationary period prior to beginning the 30calendar day probationary period
of the new position.

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 including absences
for which the employee is receiving workers’ compensation benefits.

The term “service”, as used in this Agreement, shall mean accrued time in active employment as
defined in 2:7 as an employee of the District. In the event of authorized unpaid leave, suspension or
layoff, the employee shall retain such service 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 service during such leave, suspension or layoff period. In the
event of retirement, resignation or discharge, the employee shall lose all service.

The term “seniority”, as used in this Agreement, shall mean accrued time in service as defined in
Article 2:8 in the Bargaining Unit.

The term “classification seniority", as used in this Agreement, shall mean seniority as defined in Article
2:9 in a Classification as set forth in Appendix D.

Tier | employees are employees in the position of lead cook or cook.

Tier Il employees are employees who work a regular schedule of 990 hours or more per year, 5.5
hours per day, total hours 27.5 per week.

Tier II! employees are employees who work a regular schedule of less than 990 hours per year or less,
5.25 hours per day or less, total hours 26.25 or less per week.

The term “fiscal year", as used in this Agreement, begins July 1 and ends June 30".

ARTICLE Ill
GRIEVANCE PROCEDURE

Grievance and Arbitration Procedures

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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. All such grievances will be handled as
provided in this Article. Probationary employees are not entitled to grievance procedures.

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. Workdays, workweeks and work years shall mean the
workday/workweek/work year of the grievant.

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All grievances over which the Director has no jurisdiction shall be submitted directly to the Business
Administrator within thirty (30) workdays 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 (30)-day
period shall establish the timeliness of the grievance.

Step 1

Any employee who has a grievance shall, with or without the employee's union representative, discuss
it first with the Director in an attempt to resolve the matter at that level.

Step 2

If the grievance is not settled within ten (10) workdays after presentation at Step 1, the grievant shall,
within ten (10) workdays thereafter, set forth the grievance in writing to the Director 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 Supervisor in Step 2.

If the grievance is not received in writing by the Director in Step 2 within thirty (30) workdays 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 Director shall act upon the grievance within five (5) workdays after
receipt at Step 2 and shall communicate the decision in writing to the UNION.

Step 3

If the issue is not resolved after Step 2, the grievance shall, within five (5) workdays after receipt of the
Director's decision be submitted to the Business Administrator. The Business Administrator shall act
upon the grievance within a period not to exceed ten (10) workdays and shall communicate the
decision in writing to the UNION.

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If the issue is not resolved after Step 3, the grievance shall, within five (5) workdays after receipt of the

decision, be submitted to the Superintendent. The Superintendent shall act upon the grievance within
@ period not to exceed ten (10) workdays and shall communicate the decision in writing to the UNION.

Sten §

The UNION, no later than ten (10) workdays after receipt of the Superintendent's decision, may appeal
the decision to the School Board. The appeal to the BOARD must be made in writing reciting the
matter submitted to the Superintendent and the basis for dissatisfaction with the decision rendered by

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the Superintendent. The BOARD shall act upon the appeal within a period not to exceed fifteen (15)
workdays. The BOARD shall communicate its decision in writing to the UNION.

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.

It is understood that employees shall continue to observe all assignments, directives and applicable
rules and regulations of the BOARD during the course of the resolution of a grievance until such
grievance and any effect thereof shall have been fully determined.

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’ Union.

When a grievant in Step 1 is not represented by the Nashua Teacher's 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 to present its position at all meetings with the grievant held concerning
the grievance and shall receive a copy of decisions rendered.

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 UNION
may submit such grievance to arbitration by giving written notice thereof to the BOARD not later than
two (2) work weeks after the completion of Step 5. The grievance shall be considered as having been
settled in Step 5 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 one (1) work week after the receipt of such written notice submitting the grievance
to arbitration, the grievance may be referred by the UNION to the American Arbitration Association for
the selection of an arbitrator in accordance with the rules of said Association applicable to labor
arbitrations. Any arbitration hereunder shall be conducted in accordance with such rules, subject to the
provisions of this Agreement.

Each grievance shall be separately processed in any arbitration proceeding under this Article.

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.

The arbitrator selected will confer with representatives of the BOARD and the UNION. The arbitrator
will set forth findings in writing, and submit them to the BOARD and the UNION.

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.

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, or represent any
employee in any grievance which is substantially similar to a grievance denied by the decision of an
arbitrator.

The arbitrator's fee will be shared equally by both parties to the dispute.

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 UNION and its representatives involving

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the interpretation or application of a specific provision of this Agreement. Said grievance shall be
submitted in writing to the UNION.

If said grievances cannot be resolved between the BOARD and the UNION, the BOARD shall be
entitled to submit them to arbitration. It shall give the UNION written notice thereof not later than two
school weeks following the date when it has been determined that the grievance cannot be settled or
resolved. If said notice is not given within the required time, the grievance will be considered as
waived.

If the grievance is not received by the UNION within thirty (30) school days after the BOARD 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 provisions of this
Article.

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.

Summer Timeliness

In the event the processing of a grievance under Article Ill extends beyond the completion of the
applicable pupil school year or work 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 the applicable pupil school year or work year and the beginning of the applicable pupil
school year or work year next following.

ARTICLE IV
SALARY AND RATES OF PAY

Basic Wage Schedule

Effective on the first day of the 2021-2022 school year, employees shall be paid in accordance with
Appendix A-1 and credited with years of experience and advanced a step if eligible. Eligible
employees will advance a step when they have completed their fifth (5"), ninth (9), sixteenth (16),
and twenty-fifth (25") year of credited experience. Pay rates shall be retroactive to the first day of the
2021-2022 school year and paid in full at first pay period following signing of this agreement.

Effective on the first day of the 2022-2023 school year, employees shall be paid in accordance with
Appendix A-2 and credited with years of experience and advanced a step if eligible. Eligible
employees will advance a step when they have completed their fifth (5'"), ninth (9), sixteenth (16"),
and twenty-fifth (25) year of credited experience.

Effective on the first day of the 2023-2024 school year, employees shall be paid in accordance with
Appendix A-3 and credited with years of experience and advanced a step if eligible. Eligible
employees will advance a step when they have completed their fifth (5), ninth (9'), sixteenth(16"),
and twenty-fifth (25") year of credited experience.

Employees who achieve and/or maintain Level | certification annually as defined by the School
Nutrition Association in their Certification Program shall receive an additional fifty-cents ($.50) per hour
added to their base pay upon the date that certification is achieved. Proof of annual certification must
be provided to the Food Service Director upon renewal or when new certification is achieved by July 15
for the upcoming school year. At the end of every school year, any employee who has lapsed on their

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certification with SNA, will have the $.50 cents removed in the upcoming school year. Recertification
costs due to a lapse may be submitted through the educational budget and are subject to funding
availability.

Employees during the 2021-2022 and 2022-2023 school year will receive a stay-on bonus of $800.00
per employee to be paid in two installments of $400.00 each. These will be paid to employees that
have worked 81 of the school days during the first or second half of each school year.

2021-2022 School Year
Installment #1: January 27, 2022
Installment #2: June 9, 2022

2022-2023 School Year

Installment #1. 2"¢ paycheck in January 2023
Installment #2: 2°94 paycheck in June 2023

Overtime

All time worked in excess of seven (7) hours in any workday or after 3pm, Monday through Friday, or
on weekends, shall be paid at the rate of time and one-half.

Call Back Pay

Employees who are called back to work unexpectedly after normal working hours by the Director, Site
Coordinator or Chief Operating Officer, shall be compensated at time and one-half rate for time spent
with a minimum of two hours. Called back employees shall be paid mileage at the IRS rate, except in
the case of a snow day.

Placement on the Salarv Schedule

A. The commencement date for any grievance proceedings arising out of wages shall be the date of
notification.

B. New hires and promoted employees will be credited for applicable experience in an amount
determined by the Human Resource Director not to exceed 5 years’ experience.

Step placement for employees promoted to a higher category shall be based on the date of hire
into a position listed in Appendix D.

C. Step placement will be determined on the first day of the contract year based on the employee's
years of service in classification. Placement shall be based on the date of hire into a position listed
in Appendix D. Employees hired on or after September 1, 2004 shall be granted up to a full year of
service for purposes of step placement provided they have been in the active employment of the
District a minimum of 90 school days during the preceding school year. This clause shall not be
applied retroactively in the present service as determined, shall be deemed as final.

Mileage Allowance

The District agrees that employees using private automobiles on District business, as authorized by a
Supervisor, shall be reimbursed at the prevailing IRS rate.

Method and Time of Salarv Payment

The BOARD shall have the right to fix the day of the week paychecks shall be distributed to coincide
with the requirements of the city's payroll processing system. The district shall have the right to
institute delivery of direct deposit slips by electronic means, subject to requirements in state law.

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Education Benefits

A.

For each fiscal year, the District agrees to provide the total sum of $3,000 for the purpose of
reimbursement of tuition cost for courses or workshops which in the opinion of the Food Service
Director, are both job-related and of benefit to the District. Availability will be made on a first-come,
first-served basis to those who are in active employment, have completed their probationary period
and make application for the benefits and have received the prior approval of the Food Service
Director. Payment will be made with written evidence of satisfactory completion of the course or
workshop. All employees shall be entitled to this benefit at the rate of 100% reimbursement to a
maximum of $400.00 per employee.

The District agrees to pay one hundred percent of the tuition for courses or workshops, including
ServSafe, which the employee is required to take by the Food Service Director or designee,
including classes, tests and re-tests. Travel and interim living expenses for such required courses
or workshops will be reimbursed in accordance with existing Board policy levels. Required classes
will be assigned by the Food Service Director.

All Tier 1 employees must complete the ServSafe class and examination within the first twelve (12)
months of employment after the completion of the probationary period, assuming a class is
available. The District shall pay for the cost of this training and the tuition reimbursement fund shall
not be utilized for these purposes. Any current Tier 1 employee who does not successfully
complete the initial class and examination or recertification within one year of the effective date of
this contract, provided classes are available, will be transferred to a six (6) hour Tier Il Food
Service Assistant position and pay with health benefits until they successfully certify or recertify.
Tier 1 employees taking the online offering of ServSafe will be reimbursed at the regular program
hours and their rate of pay.

All Food Service Staff must follow Professional Standard Requirements per USDA regulations.
Trainings will be provided by the District and paid for by the District and the reimbursement fund
will not be utilized. Commencing September 1, 2019, mandatory Professional Development shall
be scheduled for Presidents’ Day, which will be a paid workday for all Food Service employees.
Employees will be paid for the number of hours worked on this date regardless of length of their
regular workday. If an employee is absent or provides ten (10) workdays advance notice, the
employee may take approved online professional standards courses to fulfill the professional
standards obligations as outlined in this article. Any such Professional Development carried out
online shall be unpaid.

Workdav for mandatory Professional Development Dav:

Staff 20 or more hours/week: 6 hours
Staff less than 20 hours/week: 4 hours

Should the Director of Food Service deem a meeting or training topic to be essential for cooks and
lead cooks, he/she may cail cooks and lead cooks together for a mandatory meeting or training
Such meetings or trainings shall not exceed four (4) hours total in any given school year.
Employees shall be paid at their regular rate of pay or overtime rate of pay, whichever is
appropriate. Advance notice of fourteen (14) days shall be given prior to any such meetings or
trainings.

Lonaevitv

Longevity will be paid in January to all employees who are in the active employment of the District
when the longevity payment is made. Longevity is based on seniority as of September 1* of each year
based on the following:

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Tier 1 Emplovees

After ten (10) years of service $500
After fifteen (15) years of service $600
After twenty (20) years of service $750

After twenty-five (25) years of service $1000

Tier Il and Tier Ill employees will be eligible for fifty percent (50%) of the above listed longevity
payment amounts when they reach the applicable years of service criteria.

There will be no pro-rata payments to employees who are not in the employ of the District on
September 1*, Years of service with the District will be computed on September 15. An employee
who has worked at least ninety (90) days in a school year shall be credited with a year of service for
purposes of longevity.

Supplemental Iniurv Benefits

A. Employees absent from work as the result of a work-related injury or illness occurring during
employment with the District, and who receive Workers’ Compensation benefits, shall be paid by
the BOARD, the difference between the employee's average daily wage and the amount of daily
workers’ compensation benefits the employee receives 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 the
employee's regular daily pay. Any excess amounts received shall be forthwith returned to the
BOARD.

C. Absences under this provision shall be charged to the employee's accumulated sick leave on the
basis of forty percent (40%) of sick leave deducted for each day of absence.

D. This supplemental benefit shall cease upon the exhaustion of the employee's sick leave
entitlements.

E. 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 days shall be deducted from the
employee's accumulated sick leave.

F. An employee absent from work due to a work-related injury or illness, as determined by workers’
compensation, may be terminated by the District at the time the employee is deemed, under
Workers’ Compensation, to be fully able to perform the employee's former job responsibilities and
fails to return, or after one year subject to a physician's statement as provided in this section 4:8F,
whichever is sooner. The employee must provide a written statement from a licensed physician
stating that the employee may reasonably be expected to be able to return to work fully able to
perform the employee's former job responsibilities within that one-year period. If the employee
cannot provide said statement, the employee may be terminated after a six-month period. Upon
medical certification that the employee is fully able to perform the employee's former job
responsibilities, an employee terminated under this section 4:8F because of an absence of six
months or one year, as applicable, may be considered for rehire 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.

Severance Pav
Upon the resignation, retirement or death of a Tier | employee in the employ of the Nashua School
District who has at least ten (10) years’ service in the District, the Board shall pay to that employee, or

the employee's estate, in the case of death, the sum of $50 for each day of the employee's
accumulated sick leave then remaining.

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Holiday Pay

All employees who have completed their probationary period shall receive pay for Columbus Day,
Veteran’s Day, New Year's Day, Martin Luther King Day, Thanksgiving Day, Day after Thanksgiving,
Christmas Day, and Memorial Day at their regular straight time rate of pay. In order to qualify for
pay on an unworked holiday, an employee must work on the last scheduled workday prior to holiday
and their first scheduled day after the holiday, unless on paid leave that was authorized forty-eight (48)
hours prior to the beginning of the holiday/holiday weekend, or the employee presents a note from a
qualified medical professional verifying the reason for using sick leave hours.

School Closures
In the event an entire school day is canceled for weather-related or non-weather-related reasons, Tier |

and Tier |] employees may utilize a personal day for that day. If an employee has filed to take a sick
day on the weather-cancellation day at least 30 days in advance, the sick day shall be honored.

ARTICLE V
SUPPLEMENTAL BENEFITS

Workers’ Compensation and Pension

Employees shall be covered by the provisions of the New Hampshire Workers' Compensation Act and
the New Hampshire Retirement System in accordance with state statute as amended from time to
time.

Tax Sheltered Annuity

The Board of Education agrees to allow employees to take advantage of the Federal Law concerning
tax-sheltered annuities

Health Insurance

Subject to the provisions of this article, the Board shall provide, upon the request of an employee
regularly scheduled to work at least 30 hours per week the amount of premiums specified below for an
individual, two person, or family plan for one of the following, or at least three comparable plans for
each option (a), {b)}, and (c):

(a) Point-of-Service Plan

(b) HMO Plan; or

(c) High-Deductible Health Plan with Health Savings Account (HSA)

(d) The Board may make additional plans available to members with benefit levels and
premium cost sharing determined by the Board in its sole discretion.

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”, “b", or “c”, it shall provide at least one hundred twenty (120) days prior written notice to the Union and
documentation of the cost to members and the benefits that will be provided under the comparable plan
Should the Union determine that the proposed plan is not comparable, the grievance shall not be subject to
the grievance procedure and shall be submitted directly for arbitration no later than thirty (30) days after the
Union is notified of the proposed change to the comparable plan. The grievance shall be heard in an
expedited manner. The decision of the arbitrator shall be binding on both parties.

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Comparable Plan Definition: 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. A comparable plan means one that offers the same type of benefits, but benefits do not have to be
exactly the same. In addition, the plan must provide reasonable access to health services and physicians,
including specialists and hospitals.

Effective September 1, 2011 for eligible members, the City shall contribute 70% of the premium for
option (a) Point of Service Plan and 80% of the premium for option (b) HMO plan and (c) HDHP with
HSA.

Effective September 1, 2012 through June 30, 2023, plans A and B offered by the City 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 2
Person/Family Inpatient/Outpatient Facility Deductible; and

d) Three Tier Pharmacy Benefit of $5/$15/$35 ($5/$30/$70 Mail Order).
Anthem HDHP w/Health Savings Account (HSA)

(a) Commitment to $1,500.00 Single and $3,000.00 for 2-person and family contribution to the HSA.

(b) HSA contribution will be prorated based upon enrollment date — Employees who join the HDHP
w/iHSA at any time other than July 1 will receive a pro-rated City contribution of $125 monthly for a
single plan and $250 monthly for 2-person or family plan for each full month remaining in that fiscal
year; except that newly eligible teachers who enroll on October 1 will receive the full contribution.

(c) Disbursement of HSA contribution in two installments (July and October). The Board's HSA
contribution will be distributed in two (2) installments, one on or about July 1 and one on or about
October 1, provided 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.

Effective July 1, 2023, Anthem HMO Plan shall have the following co-pays and deductibles:

(a) Twenty-Five Dollars ($25.00) per medical visit;
(b} One Hundred Dollars ($100.00) per emergency room visit;

(c) One Thousand Five Hundred Dollars ($1,500.00) Per Person, Three Thousand Dollars ($3,000.00) Per
2-Person/Family Inpatient/Outpatient Facility Deductible; and

(d) Three-Tier Pharmacy Benefit of $10/$30/$50 ~ ($20/$60/$ 100) Mail Order).

All other employees of this Bargaining Unit will be accorded the group rates of this Bargaining Unit for
their own purchase if allowed by the Carrier and if available through the City of Nashua.

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.

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