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6:3

6:4

6:5

No paid or unpaid leave days will be authorized for any days preceding or following a school
holiday or vacation period, or contiguous with any other paid or unpaid leave which precedes or
follows a school holiday or vacation period for the purpose of extending the holiday or vacation
period, or at any time for the purpose of a vacation;

Personal Days shall be converted to hours based upon the employee's regularly scheduled
workday. Personal leave shall be permitted to be taken in hourly increments and employees shall
be charged only for actual time used by the employee.

Bereavement

A. All employees shall be entitled to up to seven (7) days bereavement leave, with pay, for absence
due to each death of their spouse, domestic partner or child(ren) or step-equivalents;

B. All employees shall be entitled to up to three (3) days bereavement leave per occurrence, with pay,
in any school year, for absence due to the death of a member of the immediate family of an
employee. “Immediate family” shall include: mother, father, brother, sister, father-in-law, mother-
in-law, son-in-law, daughter-in-law, grandparents and grandchildren;

C. All employees shall be entitled to up to one (4} day bereavement leave per occurrence, with pay, in
any school year, for absence due to the death of a close relative of the employee. "Close relative”
shall include: aunt, uncle, niece, nephew, and in-laws not included under B;

D. Under unusual circumstances where distance dictates, all employees may be granted up to two (2)
additional days, with pay, in a fiscal year for absence due to deaths covered under articles 6:3A
and B, subject to the approval of the Chief Operating Officer;

E. In any fiscal year, an employee shall be eligible for no more than a total of ten paid days for
bereavement, as provided under this Article VI;

F. One day shallmean the regularly scheduled workday of the employee;

G. Bereavement leave must be taken contiguous to the death and/or at the time of the
funeral/memorial service unless acting as an executor;

H. Employees who are within their probationary period shall receive this time unpaid.

Court Appearances

An employee who is subpoenaed as a witness in a civil or criminal case, or, who is called for service on
a jury, will be granted the difference between the fee received for such service, excluding court
reimbursement for mileage, meals and lodging, and the amount of earnings lost by reason of such
service. Satisfactory evidence of the fee received exclusive of mileage, meals and lodging
reimbursement, must be submitted to the Payroll Office for the differential to be granted. Any
employee asked by the District to testify in any judicial proceeding shall be granted released time,
without loss of pay or benefits. Time paid under this Article 6:4 shall not be counted as time worked for
the purpose of computing overtime.

Released Time

Up to four members of the bargaining unit will be entitled to released time, as needed, without loss of
pay or loss of personal days, for the purpose of contract negotiations, mediation and fact-finding.

VY

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6:7

6:8

6:9

7A

7:2

Military Service

Each employee shall be granted a leave of absence for military service, without pay, for the duration of
compulsory service. An employee granted such a leave shall, upon return, receive active service credit
and appropriate annual salary, including increases granted during the period of military service.

Orqanized Reserve Forces

A Food Service employee who is a member of the reserve component of the Armed Forces of the
United States shall be granted leave of absence during the time of a person's annual tour of duty as a
member of such reserve component; provided however, that such leave shall not exceed fifteen (15)
days. Individuals serving under this provision shall receive the difference between their military pay
and that which they would have earned had they not been called for service. This provision shall not
apply to any employee who has a tour of duty scheduled during the school year and who could
postpone said tour of duty until the summer, but who instead chose to serve said tour of duty during
the school year.

Extended Leave

A. Employees who have completed the initial probationary period are eligible to receive a leave of
absence for the extended illness of the employee, or the employee’s spouse, children. mother, or
father for a period of up to twelve (12) weeks or the amount of accrued leave available to the
employee, whichever is greater. During the period of such leave, the employee shall be required to
utilize all of the employee's accrued leave. Once the employee's accrued leave is exhausted, the
leave shall be unpaid;

B. At the discretion of the Superintendent, an extended leave in excess of twelve (12) weeks or the
employee's accrued leave, whichever is greater, and up to twelve (12) months may be granted
Upon exhaustion of the employee's paid sick leave or personal days under this extension, the
employee is not be eligible to receive any of the benefits contained in this Agreement but may
continue to access insurance benefits at the employee's own expense. No holidays will be paid on
a leave extension. The employee shall not lose any seniority the employee has earned up to the
date of the approved leave. The employee desiring to return from such extended leave shall be
assigned to the next available vacancy for which the employee is qualified and be eligible for all
benefits upon the employee's return to work.

Request for Special Leave
There will be no paid or unpaid time off from work for taking a vacation during the school year other

than during the established school break times. Unauthorized absences from work will be cause for
discipline.

ARTICLE VII
WORKING CONDITIONS

Notification of Assianment

The Administration shall notify employees of their assignments, position, school and hours of work in
writing for the coming school year no later than August 15".

Evaluation

A. All evaluations shall be made openly, and shall be made by the Director and/or Site Coordinator.
In all other cases the evaluations will be made by the Supervisor or designee;

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Finance Committee — 05/04/2022 Page 4

Yea: Alderman Klee, Alderman Comeau, Alderman Gouveia, Alderman Clemons,
Alderman Moran 5

Nay: 0
MOTION CARRIED

From: Kelly Parkinson, Purchasing Manager
Re: | Pavement Preservation Program in the amount not to exceed $383,928.50 funded from accounts
81704 Paving Bond (Engineering Dept.)

MOTION BY ALDERMAN COMEAU TO ACCEPT, PLACE ON FILE AND APPROVE THE AWARD OF THE
CONSTRUCTION CONTRACT FOR THE 2022 PAVEMENT PRESERVATION PROGRAM TO
SEALCOATING, INC., OF BRAINTREE, MA, IN AN AMOUNT OF $383,928.50. FUNDING WILL BE
THROUGH DEPARTMENT: 160 ADMIN/ENGINEERING; FUND: BOND; ACTIVITY: PAVING, BY ROLL
CALL

A viva voce roll call was taken which resulted as follows:

Yea: Alderman Klee, Alderman Comeau, Alderman Gouveia, Alderman Clemons,
Alderman Moran 5

Nay: 0
MOTION CARRIED

From: Kelly Parkinson, Purchasing Manager
Re: Video Detection Cameras in the amount not to exceed $161,580 funded from accounts Prior Year
Escrow, Amherst Street Trust & Main Street Trust (Engineering Dept.)

MOTION BY ALDERMAN COMEAU TO ACCEPT, PLACE ON FILE AND APPROVE THE PURCHASE AND
INSTALLATION OF SIX TRAFFIC CAMERA SYSTEMS ON MAIN STREET BY ELECTRIC LIGHT
COMPANY OF CAPE NEDDICK, MAINE, IN THE AMOUNT OF $161,580. FUNDING WILL BE THROUGH
DEPARTMENT: 161 STREETS; FUNDS: PRIOR YEAR ESCROW ($130,420), ACCOUNT CATEGORY: 71
EQUIPMENT; DEPARTMENT 160 ADMIN/ENGINEERING; FUND: TRUSTS (AMHERST STREET $14,580;
MAIN STREET $16,580); ACCOUNT CATEGORY: 71 EQUIPMENT, BY ROLL CALL

A viva voce roll call was taken which resulted as follows:

Yea: Alderman Klee, Alderman Comeau, Alderman Gouveia, Alderman Clemons,
Alderman Moran 5

Nay: 0
MOTION CARRIED

From: Kelly Parkinson, Purchasing Manager
Re: — Bridge Repairs to the Canal Street Bridge in the amount not to exceed $373,750 funded from 81300
Machinery & Equipment/81100 Capital Improvements/HW Block Grant (Engineering Dept.)

MOTION BY ALDERMAN COMEAU TO ACCEPT, PLACE ON FILE AND APPROVE THE AWARD OF THE
CANAL STREET BRIDGE REPAIRS CONTRACT TO NEW ENGLAND INFRASTRUCTURE, INC., OF
HUDSON, MA, IN AN AMOUNT OF $373,750. FUNDING WILL BE THROUGH DEPARTMENT: 160
ADMIN/ENGINEERING; FUNDS: GRANT AND CAPITAL: ACTIVITIES: HWY BLOCK GRANT AID FY18
AND FY18 BRIDGE REHAB, BY ROLL CALL

7:3

7:4

7:5

B.

D.

A copy of any written evaluation report, signed by the employee, shall be placed in the employee's
personnel file and a copy given to the employee. The employee's signature shall not necessarily
indicate agreement with the content of the report. The employee shall have the right to make a
written reply which shall be attached to the evaluation report in the employee’s personnel file. All
evaluations will be reviewed, in person, with the employee, by the person making the evaluation;

Evaluation forms and procedures are to be provided to employees upon hiring and no later than
September 1* for current employees;

Evaluations are to be completed and provided to employees no later than June 15" of each year.

Personnel Files

A. Each employee shall be entitled to knowledge of and access to supervisory records and reports of
competence, personal character and efficiency maintained in the employee's personnel file with
reference to evaluation of the employee's performance in the school district,

B. Upon request, the Administration shall provide to each employee copies of the records and reports
described above;

C. In the event that the Administration removes from the employee's file materials which it deems to
be confidential, a dated notation will be placed in the file stating which materials have been
removed;

D. Upon 24 hours’ notice, each employee shall have the right to review and reproduce material in the
employee's personnel file during normal business hours;

E. The employee shall have the right to answer any material filed and the answer shall be attached to
the file copy. The answer shall be reviewed by the Business Administrator or designee;
Reproductions of such material may be made by hand, or copying machine, if available;

G. Any item contained in an employee's file, to which an employee has not been given access, shall
not be utilized in any legal proceeding against the employee;

H. An employee shall be given, upon request, a receipt for all transcripts, medical forms and other
material submitted to the Administration.

Seniority

The Administration shall prepare and give to the UNION, on or before November first, a seniority list
which indicates the seniority status of all members of the bargaining unit.

Reduction in Staff

A.

In the event of a reduction in force or change in Tiers, the needs of the District, and, an employee's
performance and experience will be considered. If, in the judgment of the Food Services Director,
all other criteria are equal, seniority, within the classification being reduced, will determine the
employee(s) to be terminated or to change Tiers;

Employees will be eligible for recall to available positions within the same Tier or a lower Tier than
the positions from which they were laid off. Recall will be in order of seniority within the
classification with the most senior employee recalled first;

Unless otherwise provided under this article 7:5, employees will be retained on the recall list for a
period of two years from the date of lay off;

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7:9

8:1

Notice of recall shall be sent by certified mail to the employee's last address, which has been
placed on file by the employee in the Personnel Office. A copy of said notice shall be sent to the
Union;

An employee who is recalled shall, in writing within one calendar week of the receipt of the notice,
or. 12 calendar days from the date the notice is mailed, whichever is sooner, give notice of intent to
accept the position;

If, an employee who is on the recall list and who is offered a position that changes tier or reduces
the employee’s hours from their prior position refuses that position, the employee shall still be
entitled to remain on the recall list;

If the employee does not respond within the aforementioned time period, or refuses a position
within the same Tier from which he or she was laid off, the employee will be removed from the
recall list and shall have no further rights under this article 7:5.

Discrimination

There shall be no discrimination against any employee because of the employee's membership in the
Union, or because of the filing of any grievance under this contract.

Joint Council

A joint council shall be formed It shall consist of the Chief Operating Officer or designee; the Food
Service Director, a Site Coordinator; and, three (3) employees appointed by the Union. The Council
will meet at least quarterly to discuss matters of mutual interest including, but not limited to, workplace
safety. Meetings shall be held before or after work hours unless the parties mutually agree otherwise.
Employees shal. receive their hourly rate of pay for attendance at these meetings.

Training

In the event employees are required to orient or train new hires. the employees shall do so on a
rotating basis at each site.

Technology and Email

One computer with access to the District network shall be provided for each food service kitchen for
use by all food service kitchen staff.

Each employee shall be assigned a specific, personal email address prior to the start of the school
year or within ten (10) days of the date-of-hire if during the school year.

ARTICLE Vill
TERMS AND CONDITIONS OF EMPLOYMENT

Workday and Work Year

The Director, or Site Coordinator, shall establish the normal work schedule of each employee;
Employees working four (4) or more per day. but less than five (5) hours per day. shall receive a 10-

minute paid break. Employees working more than five (5) hours or more per day shall receive a 30-
minute paid lunch break. Said breaks will be scheduled by the Director, or Site Coordinator;

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8:2

8:3

C. Tier | lead cooks will be required to work all school days students are attending in person, plus 5 days

before the start of the school year, Presidents’ Day and 1 day at the conclusion of the school year. If
the number of school days, typically 180, is reduced for any reason, Tier | lead cooks will:

1. Be paid for any days less than 180 that the Food Service Director requests they work and they
actually work

2. If the District reduces the school days by 1 or 2 days there will be no guaranteed pay for those

days

If the district reduces the number of school days by 3 days, cooks will receive 1 day’s pay

If the district reduces the number of school days by 4 days, cooks will receive 2 day's pay

If the district reduces the number of school days to less than 176, cooks will be pard a

minimum of 175 days assuming the reduction in staff provision has not been put into effect.

aORw

Tier | cooks will be required to work three (3) days before the start of the school year, Professional
Development on Presidents’ Day and one (1) day at the conclusion of the school year. If the number of
school days, typically 180, is reduced for any reason, Tier | cooks will:

1. Be paid for any days less than 180 that the Food Service Director request they work and they
actually work

2. If the District reduces the school days by 1 or 2 days there will be no guaranteed pay for those

days

If the district reduces the number of school days by 3 days cooks will receive 1 day's pay

If the district reduces the number of school days by 4 days cooks will receive 2 day's pay

If the district reduces the number of school days to less than 176, cooks will be paid a

minimum of 175 days assuming the reduction in staff provision has not been put into effect.

Oh w

On those occasions where schools need to go to extended remote learning for reasons other than
inclement weather, the Food Service Director has the right to put the reduction in staff provision into
effect. The Food Service Director will work with the union to keep as many staff as needed during the
remote learning time period.

Tier | employees whose year-end tasks in closing down kitchens are complete may be exempted from
working on the last workday of the year with prior written approval of the Food Service director. Tier |
employees’ normal workday will be 7 hours.

Tier Il and Tiez Ill employees will be employed the day before school begins, Presidents’ Day and on
school days when food is provided to students on in-person school days.

All bargaining unit members will be given a 15-calendar day notice before a permanent change is
made in their normal work schedule.

Duties and Job Descriptions

Job descriptions shall be provided for all categories of employees. Upon request, an employee will be
provided with a copy of the employee’s job description. Copies of existing job descriptions will be
provided to the UNION. The School District retains the right to change these job descriptions.
Notification of such changes will be provided to the affected employee and the UNION prior to their
implementation.

Temporary Uparadina
When it becomes necessary, for any reason, to assign employees to a higher rated job on a temporary
basis and for the equivalent of one full workday during a work week, the employee so assigned shall

receive that position's hourly rate at the employee's current step number in his/her current position for
the duration of the assignment, excluding holidays. If the position becomes vacant and the District

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8:4

8:5

8:6

9:1

9:2

9:3

elects to retain the position, it will be posted in all schools according to the procedures outlined in
Article 9:2.

Temporary Transfer

When it becomes necessary to temporarily reassign staff between kitchens to meet staffing needs,
volunteers will be considered before the least senior staff person from the selected kitchen is
reassigned. The Food Services Director shall have sole discretion in selecting the kitchen from which
the staff person is reassigned.

Traininafin-Service Opportunities

Food Service training, instruction, education and/or in-service opportunities which, in the opinion of the
Chief Operating Officer or his/her designee, are appropriate to post, shall be posted when and where
practicable.

Substitutes

Food Service Substitutes shall only be employed on a per diem basis in bargaining unit positions and
only for day-to-day absences and approved leaves of absence. If the District must employ a Food
Service Substitute in a bargaining unit position for more than 30 workdays, excluding FMLA or
Extended Leave as outline in Article 6:8, the District shall meet and confer with the NTU President or
his/her designee.

ARTICLE IX
RESIGNATIONS, VACANCIES. TRANSFERS AND PROMOTIONS

Notice of Resiaqnation

Employees who do not plan on returning to work at the beginning of the school year shall notify the
Director of Food Services not later than August 1%. During the school year, employees shall provide
no less than two weeks’ notice of their intent to leave the employ of the Food Service Program.

Lateral Transfers

Employees who desire a change in location within the same job title may file a written request at any
time with the Director on the form as provided in Appendix C. Appendix C will be available in every
school kitchen throughout the school year. Such request shall be considered valid until the close of
the school year in which the form is submitted. Only those who have submitted the form, as provided,
will be considered for available vacancies or new positions. Appendix C may be submitted as
vacancies occur during the posting time of that vacancy. Within five (5} days of the position being
filled, appropriate notice shall be provided to individual applicants from this bargaining unit.

Posting of Vacancies and New Positions

Any position not filled pursuant to article 9:2 (including a site coordinator position) shall be posted for
five (5) workdays or ten (10) business days during the summer prior to the position being filled. Only
one posting is required as the result of an initial opening or new position. All such notices shall be
posted in a designated area in the kitchen in each work location and the Central Office. Each notice
will include the duties, rate of compensation, the minimum qualifications for the position, hours per
day, work location, work schedule and instructions for making application. A copy of all postings will
be provided to the Nashua Teachers’ Union and posted on the School District web site.

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9:4

9:5

10:1

Interviews

Any employee of the food service program who applies for a posted position at a higher job title shall
be granted an interview before the interview team. The interview team for cook positions shall be
comprised of at least one employee representative from the school with the vacancy, and such
employee representative shall be rotated among bargaining unit members for that school.

Probation and Transfer Riqhts

A. All newly hired personnel shall be obligated to serve an initial probationary period of ninety (90)
calendar days, and all employees assuming a new position, shall be obliged to serve a
probationary period of thirty (30) calendar days in the new position. The District may terminate a
newly hired person from employment within the probationary period. Terminations under this
Paragraph 3.5 shall not be grievable;

B. A member of the bargaining unit who has successfully completed the initial probationary period of
ninety (90) calendar days and who is transferred or promoted to a different position of employment
within or outside the bargaining unit shall be obliged to serve an additional probat‘onary period, of
thirty (30) calendar day, if ary, associated with the new position, provided, however, that the
employee shall be entitled to any benefits and retain all accrued time within maximum levels
associated with the position immediately upon assuming the position;

. Inthe event a present member of the bargaining unit is transferred or promoted to a position within
the bargaining unit, the District, at its sole discretion, may, within the probationary period as defined
in section 2:6, transfer the employee to the employee's former position or to another position which
has the same classification and pay rate. As the position from which the employee was first
transferred or promoted. Transfers under this paragraph 9:5.C shall not be grievable;

Where practicable and if requested by the employee within the probationary period, a promoted or
transferred employee may be returned to the employee’s former position or a position with the
same classification and pay rate as the former position if such a position is available by reason of
its not being filled or eliminated by District action.

ARTICLE X
UNION REPRESENTATIVES

Official List of Nashua Teachers’ Union Representatives

The UNION shall furnish the BOARD with a list of its officers and authorized building/unit
representatives, and shall, as soon as possible, notify the BOARD in writing of any changes. No
UNION Representative shall be recognized by the BOARD except those designated in writing by the
UNION.

ARTICLE XI
UNION PRIVILEGES AND RESPONSIBILITIES

Fair Practices
As exclusive representative, the UNION shall not preclude from membership any person in the unit

described in Article |. The UNION will represent equally all persons described in Article | without
regard to membership in, participation, or activities in the UNION.

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11:3

11:5

11:6

Recoanition of Local Oraanization Representative

The Principal or Chief Operating Officer shall recognize the UNION unit representative as the official
representative of the local organization.

Distribution of Materials - Mail Boxes

Officers or officials of recognized employee organizations shall have the right to reasonably use the
school mail boxes for distribution of organizational material provided such materials are in good taste
and provided that such materials shall not include campaign organization material related to local, state
or national political matters. Each school shall have a single mailbox for the use of Food Services
employees in the building.

School Meetinas

The authorized representative of the UNION shall have the right to schedule UNION meetings in the
building before or after regular cafeteria hours. Such meeting shall not in any manner disrupt the
normal operation of the school and shall be subject to prior approval of the building principal.

No Local Oraanization Activity on School Time

Except as provided herein, the UNION agrees that no employee will engage in Union activity while on
duty. The Union, however, shall be granted 20 minutes at the start of the school year or during
orientation to meet unilaterally with all new bargaining unit members. During the school year, the
District shall inform the Union of every new hire or individual change in employment status in an
electronic report provided to the NTU President by the first week of the month.

Protection of Individual and Group Rights

Nothing contained herein shall be construed to prevent the BOARD, a member of the BOARD or its
designated representative from meeting with any employee for expression of the employee's views. In
the area of this Agreement, and for the term hereof, no changes or modifications shall be made except
through negotiations with the UNION. Nothing contained herein shall be construed to permit an
organization other than the UNION to appear in an official capacity in the processing of a grievance.
Nothing contained herein shall be construed to prevent any employee from informally discussing any
dispute with an immediate superior or processing a grievance on the employee's own behalf in
accordance with the Grievance Procedure heretofore set forth in Article Ill.

information

A. The BOARD shall make available to the UNION, upon its request, any and all available information
in the public domain, such as statistics and records relevant to negotiations, or necessary for the
proper enforcement of the terms of this Agreement;

B. If the public agenda of a BOARD meeting has been prepared 24 hours in advance of such a
BOARD meeting, it shall be made available to the President of the UNION;

C. A copy of the minutes of all BOARD meetings shall be made available to the President of the
UNION.

Union Notices
The UNION shall be permitted to post UNION related notices and other materials on bulletin boards,
provided its notices are in good taste and provided that such materials shall not include campaign

organization material related to local, state or national political matters. A bulletin board will be
provided in each workplace for Union and District use.

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11:9 Leave for Legislative Hearings

In the event a member of the bargaining unit is president of the UNION, that member, or a single
designee from the unit, shall be granted three (3) days paid leave to attend legislative hearings. Not
more than one person from the entire UNION membership shall be entitled to this leave.

11:10 Conference Attendance

Up to three (3) days of paid professional leave will be granted to two (2) employees designated by the
president of the Union for the purpose of attending any conference at no additional cost to the District.
There is a limit of six days in any year. If more than one employee is attending the conference, the
NTU President will select employees in different schools and different tiers. In order to share
information from the Conference, upon request by the Director, the employee so designated shall
conduct a workshop, prepare a report for distribution, or engage in equivalent activity designed to
communicate the information to other food service employees when deemed appropriate by the NTU
President.

11:11 Union Business

A. In the event a member of this bargaining unit is President of the Union, s/he or her/his designee
shall be granted five (5) days of paid leave for the purpose of Union business;

B. The President of the Union, upon request, shall be granted a leave of absence. A request for such
leave must be made no later than June 15 prior to the school year for which the request is
effective;

C. In the case of a leave of absence, the District shall not be liable for any salary or benefit costs.
Insurances may be extended at the President's expense to the extent mandated by state and
federal law. The President, at the President's expense, may maintain enrollment in the City of
Nashua’s group health insurance for the leave of absence, if so allowed by the insurance carrier,

D. The President shall retain all rights to the position the President formerly held. The provisions of
Article 9 herein shall apply to the extent they may impact on said rights;

E. For the first two (2) consecutive years of a leave of absence, the President, for the purpose of
seniority, shall receive full-year credit;

F. The District shall have no obligation to make a contribution to the New Hampshire Retirement
System on behalf of the President while on leave, unless a contribution is mandated by the System
or by other provisions of state law.

ARTICLE Xil
RESOLUTION OF DIFFERENCES BY PEACEFUL MEANS

The Nashua Teachers’ Union and the School Board agree that differences between the parties shall be settled
by peaceful means as provided within this Agreement. The Nashua Teachers’ Union, in consideration of the
value of this Agreement and its terms and conditions, will not engage in, instigate or condone any strike, work
stoppage or any concerted refusal to perform normal work duties on the part of any employee covered by this
Agreement for the duration of this Agreement.

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