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Step 5

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
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 willbe shared equally by both parties to the dispute.

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

lf 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 Waae Schedule

Effective on the first day of the 2018-482021-2022 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'"), aad-sixteenth
(16), and twanty-fifth {25%} year of credited experience. Pay rates shall be retroactive to the first day
of the 2048-462021-2022 school year and paid in full at first pay period following signing of this
agreement.

Effective on the first day of the 2049-20202027-2623 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'"), and
sixteenth (16), and twenty-fifth (250) year of credited experience.

Effective on the first day of the 2020-20212023-2624 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.

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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 aAnnual certification must
be provided to the Food Service Director upon renewal or when new certification is achieved _by July 1"
for the upcoming schaol year. At the end of every school year, any employee who has lapsed on their
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 Scheol Year
Installment #1: 2% paycheck in January 2023
Installment #2: 2 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 Salary 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 Saptembar-tthe 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

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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 Salary 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.

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 I! 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.

Workday for mandatory Professional Development Dav:

Staff 20 or more hours/week: 68 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 call 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

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appropriate. Advance notice of fourteen (14) days shall be given prior to any such meetings or
trainings.

Lonaevity

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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Board of Aldermen Page 8
October 11, 2016

Alderman Moriarty

Nashua’s Mason Lodge is having an open house on Saturday at 10:00 a.m. They are across the street
from City Hall on Main Street.

Alderman O’Brien
| would like to congratulations to the Schoneman family and good luck with their new son.

Alderman Lopez

Last Sunday | participated in the Out of the Darkness walk through Mine Falls. It was heartening to see
how many people took the walk seriously and participated in it. It is meant to recognize suicide
awareness and support. There was a very good turn-out among some of our elected officials; Kelly
Ayotte, Peggy Gilmore and it was good to see the recognition and the support that our community
provides.

| wanted to remark on the Mayor’s comments regarding the opioid addiction issue. It’s still heavily
impacting our city. | attended the drug court proceedings today and Judge Leary commented that we’ve
had eight deaths in eight days starting off the month in October. The mortality rate is going through the
roof right now and it’s something that we as a city and each of us as community leaders should be
looking at to figure out how we can help and what we can do to contribute to the larger effort to make this
an issue that our community tackles.

Committee announcements:

Alderman Cookson

Infrastructure is tomorrow evening at 7:00 p.m. in these chambers.

Alderwoman Melizzi-Golja

Planning and Economic Development Committee is next Tuesday, the 18" at 7:00 p.m. in the chamber.

Alderman Moriarty

Now that Pennichuck has filed their rate increase case | can actually schedule a meeting of the
Pennichuck Water Special Committee, hopefully soon.

ADJOURNMENT

MOTION BY ALDERMAN WILSHIRE THAT THE OCTOBER 11, 2016, MEETING OF THE BOARD OF
ALDERMEN BE ADJOURNED

MOTION CARRIED

The meeting was declared adjourned at 3:00 p.m.

Attest: Patricia D. Piecuch, City Clerk

Finance Committee — 05/04/2022 Page 7
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

UNFINISHED BUSINESS - None

NEW BUSINESS — RESOLUTIONS

R-22-028
Endorsers: Mayor Jim Donchess
Alderman John Sullivan
Alderman Patricia Klee
Alderman Richard A. Dowd
Alderman Derek Thibeault
Alderwoman-at-Large Gloria Timmons
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman-at-Large Lori Wilshire
AUTHORIZING THE CITY OF NASHUA TO ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH
THE CITY OF MANCHESTER REGARDING A WELFARE SOFTWARE APPLICATION

MOTION BY ALDERMAN COMEAU TO RECOMMEND FINAL PASSAGE, 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

NEW BUSINESS — ORDINANCES - None

RECORD OF EXPENDITURES

MOTION BY ALDERMAN COMEAU THAT THE FINANCE COMMITTEE HAS COMPLIED WITH THE CITY
CHARTER AND ORDINANCES PERTAINING TO THE RECORD OF EXPENDITURES FOR THE PERIOD
FROM APRIL 15, 2022 TO APRIL 28, 2022, 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

GENERAL DISCUSSION

PUBLIC COMMENT

Tier 1 Employees

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 15 Years of service with the District will be computed on September 1*. 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.

4:8 Supplemental Injury Benefits

A. Employees absent from work as the result of a work-relatedwork-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 afa—-yeargne-vear 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.

4:9 Severance Pay

Upon the resignation, retirement or death of a Tier | empfoyee in the employ of the Nashua School
District who has at least ten (10) yearc-senaceyears’ service in the District, the Board shall pay to that

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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.

Holiday Pay

All employees who have completed their probationary period shall receive pay for Columbus Day
iefectve-Saptembar-1,2010, Veteran's Day, New Year's Day, Martin Luther King Day, Thanksgiving
Day, Day after Thanksgiving, Christmas Day, Prasidenis_Qay—and Memorial Day at their reguiar
Straight time rate of pay. Presidents Dayal netangerbe-a paid-hoiday affective September1,2049
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 Il emplovees 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 two-three comparable plans for
each option (a) aad-(b), aad ic}:

a}—PointotSenise-slans

b} HMO plan
r mes ~ th _benall : '
sharnne-deternined-aythe-ciyin-ite-6olo cinceatiny,

(a) Point-of-Service Plan

ib) HMO Plan: or

ith High-Deductible Heaith Plan with Health Savings Account [HSA}

(d)} The Board may make additional plans available to members with benefit levels and
premium cost sharing determinad 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

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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 shail be heard in an
expedited manner. The decision of the arbitrator shall be binding on both parties.

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 f¢}) HDHP wath
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;

¢) 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 wiHealth Savings Account {HSA}

fa) Commitment ta. 31,500.00 Single and $3,000.00 for 2-oersan and family contribution to the HSA,

(b} HSA contribution will be prorated based upon enrollment date — Employees who join the HDHP
w/HSA 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.

fc) Disbursement_of HSA contrbutian 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 employes is raquired to pay more towards his/her deductible than tha
intial 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:

fa) Twenty-Five Dollars (325.00) per medical visit:

if