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Board Of Aldermen - Agenda - 5/10/2022 - P147

By dnadmin on Mon, 11/07/2022 - 07:44
Document Date
Fri, 05/06/2022 - 13:26
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 05/10/2022 - 00:00
Page Number
147
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__051020…

8:5

8:6

9:1

9:2

9:3

9:4

9:5

Trainina/ln-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 1X
RESIGNATIONS. VACANCIES. TRANSFERS AND PROMOTIONS

Notice of Resianation

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.

Postina 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.

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 Rights
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

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Board Of Aldermen - Agenda - 5/10/2022 - P147

Board Of Aldermen - Agenda - 5/10/2022 - P148

By dnadmin on Mon, 11/07/2022 - 07:44
Document Date
Fri, 05/06/2022 - 13:26
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 05/10/2022 - 00:00
Page Number
148
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__051020…

B.

newly hired person from employment within the probationary period. Terminations under this
Paragraph 9:5 shall not be grievable;

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 probationary period, of
thirty (30) calendar day, if any, 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;

In the 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.

28

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Board Of Aldermen - Agenda - 5/10/2022 - P148

Board Of Aldermen - Agenda - 5/10/2022 - P149

By dnadmin on Mon, 11/07/2022 - 07:44
Document Date
Fri, 05/06/2022 - 13:26
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 05/10/2022 - 00:00
Page Number
149
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__051020…

10:1

11:2

11:3

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.

Recognition of Local Organization 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.

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Board Of Aldermen - Agenda - 5/10/2022 - P149

Board Of Aldermen - Agenda - 5/10/2022 - P150

By dnadmin on Mon, 11/07/2022 - 07:44
Document Date
Fri, 05/06/2022 - 13:26
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 05/10/2022 - 00:00
Page Number
150
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__051020…

11:4

11:5

11:9

11:10

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 shali 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 III.

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 butletin 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.

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.

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

30

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Board Of Aldermen - Agenda - 5/10/2022 - P150

Board Of Aldermen - Agenda - 5/10/2022 - P151

By dnadmin on Mon, 11/07/2022 - 07:44
Document Date
Fri, 05/06/2022 - 13:26
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 05/10/2022 - 00:00
Page Number
151
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__051020…

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;

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;

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;

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;

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

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 Xi
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.

ARTICLE XIII
CONFORMITY TO LAW AND SAVING CLAUSE

If any provision of this Agreement is or shall at any time be determined contrary to law by a court of competent
jurisdiction, then such provision shall not be applicable or performed or enforced except to the extent permitted
by law. In the event that any provision of this Agreement is or shall at any time be determined to be contrary to
law by a court of competent jurisdiction, all other provisions of this Agreement shall continue in effect.

ARTICLE XIV
MISCELLANEOUS PROVISIONS

14:1 Adherence to Rules. Requlations. Policies and Provisions

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Board Of Aldermen - Agenda - 5/10/2022 - P151

Board Of Aldermen - Agenda - 5/10/2022 - P152

By dnadmin on Mon, 11/07/2022 - 07:44
Document Date
Fri, 05/06/2022 - 13:26
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 05/10/2022 - 00:00
Page Number
152
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__051020…

14:2

14:3

14:4

14:5

It is understood that for the duration of this Agreement employees shall continue to serve under the
direction of the Superintendent of Schools and in accordance with School Board policies and
administrative rules, regulations and the provisions of this Agreement.

Expenses of Printing and Distributing Agreement

The BOARD agrees to pay for the cost of printing this Agreement. The UNION agrees to distribute a
copy of this Agreement to each employee presently employed by the BOARD and to each new

employee employed by the BOARD._Tweo {2} conies will be printed and available in the Food Service

Kitchens.

Meetings

Meetings shall be held, as deemed necessary, by either party during the school year with the
Superintendent and UNION President to discuss matters of concern to both parties. These meetings
shall be held at a mutually agreeable time and place. The UNION President and the Superintendent
shall determine the representative who will attend the meeting for their respective parties. Whenever
possible. the parties should exchange notice of the subject matters they wish to discuss.

Management Rights

The UNION recognizes the following responsibilities, rights, authority, and duties of the Nashua School
Board, except as they are modified by provisions of this Agreement. The BOARD hereby retains and
reserves unto itself, without limitations, all power, rights, authority, duties and responsibilities conferred
upon and vested in it by the Law and Constitution of the State of New Hampshire, and of the Charter of
the City of Nashua:

a) To the executive management and administrative control of the School System and its properties
and facilities;

b) To hire, promote, transfer, assign and retain employees in positions with the Nashua School
System and to suspend, demote, discharge or take other disciplinary action against employees
and to relieve employees from duty because of lack of work or other legitimate reasons.

Disciplinary Procedures

The District has the right to discipline or discharge employees for cause.
Disciplinary actions shall normally follow this order:

A. Verbal warning (Written documentation shall be provided to the employee and placed in the
employee's personnel file);

B. Written Warning;

C. Suspension without pay;

D. Discharge;

The District may deviate from the above when the severity of the offense warrants.

An employee may petition the Superintendent for removal of a verbal warning from the employee's
personnel any time after at least one year from when the warning was issued, provided there are no
additional disciplinary actions. The Superintendent's decision regarding removal of the discipline shall
be final and may not be grieved.

In the event of written warning, suspension or discharge, the District will state in writing to the
employee and the Union the reasons for the action taken. A copy of said statement shall be delivered
to the employee and the Union Steward within 24 hours of the action or by the close of the next
regularly scheduled business day whichever shall occur later. Employees may elect to have a Union

32

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Board Of Aldermen - Agenda - 5/10/2022 - P152

Board Of Aldermen - Agenda - 5/10/2022 - P153

By dnadmin on Mon, 11/07/2022 - 07:44
Document Date
Fri, 05/06/2022 - 13:26
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 05/10/2022 - 00:00
Page Number
153
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__051020…

14:6

14:7

14:8

representative present when an employee is to receive disciplinary action in the form of a written
warning, suspension or discharge.

Uniforms

Employees are required to wear safe and appropriate dress as determined by the Director in
consultation with the Business Administrator. All dress must be neat and clean. Should a uniform be
required at any time, the School District shall elect to either provide each employee with the uniform, or
provide a clothing allowance sufficient to purchase the required uniform.

Amendment of Agreement

Being a mutual Agreement, this instrument may be amended at any time by mutual consent.

Agreement

The Agreement expressed herein in writing constitutes the entire Agreement between the parties, and
no oral statement shall add to or supersede any of its provisions.

33

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Board Of Aldermen - Agenda - 5/10/2022 - P153

Board Of Aldermen - Agenda - 5/10/2022 - P154

By dnadmin on Mon, 11/07/2022 - 07:44
Document Date
Fri, 05/06/2022 - 13:26
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 05/10/2022 - 00:00
Page Number
154
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__051020…

ARTICLE XV
DURATION OF AGREEMENT

15:1 Subject to ratification by the parties to this Agreement and the approval of the cost items by the Mayor
and Nashua Board of Aldermen as provided by City Charter, the provisions of this Agreement will be
effective as of September 1, 2942-2021 except as otherwise provided herein, and will continue and
remain in full force and effect until August 31, 2024-2024 when it shall expire unless an extension is
agreed to by both parties and expressed in writing prior to such date.

15:2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed by their
respective presidents, attested by their respective secretaries, and their corporate seals to be placed
hereon, all on the day and year first above written.

BY: DATE:

Heather Raymond Jennifer Bishag, President
Nashua Board Gfof Education

BY: DATE:
Adam Marcoux, President

Nashua Teachers' Union
Local 1044 AFL-CIO

34

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Board Of Aldermen - Agenda - 5/10/2022 - P154

Finance Committee - Agenda - 5/4/2022 - P1

By dnadmin on Sun, 11/06/2022 - 21:42
Document Date
Fri, 04/29/2022 - 14:39
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 05/04/2022 - 00:00
Page Number
1
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__050420…

FINANCE COMMITTEE

MAY 4, 2022
7:00 Aldermanic Chamber and Zoom

Join Zoom Meeting: https://usO2web.zoom.us/j/83320334453? pwd=c2irZ1 BlUkdob3dWcGtCdW9BN2FtUTO9
Meeting ID: 833 2033 4453 Passcode: 120785

By telephone: 1-929-205-6099
Meeting ID: 833 2033 4453 Passcode: 120785

If there is a problem with the audio, please dial 603-589-3329 to advise.

ROLL CALL

PUBLIC COMMENT

COMMUNICATIONS

From: Kelly Parkinson, Purchasing Manager
Re: | HVAC Project Change Order #2 in the amount not to exceed $29,259.36 funded from 81200 Buildings
& Improvements (Police Dept.)

From: Kelly Parkinson, Purchasing Manager
Re: — Billboard Advertising in the amount not to exceed $55,010 funded from accounts Grants/61250
Marketing & Promotion (Public Health)

From: Kelly Parkinson, Purchasing Manager
Re: Biosolids Management — Multi Year Contract in the amount not to exceed $2,940,000 funded from
54221 Disposal Services/Wastewater Fund (Wastewater Dept.)

From: Kelly Parkinson, Purchasing Manager
Re: Software Maintenance - Mimecast in the amount not to exceed $41,250 funded from 54407 Software
Maintenance/General Fund (IT Dept.)

From: Kelly Parkinson, Purchasing Manager
Re: Vehicle Lift in the amount not to exceed $74,532.97 funded from 71999 Miscellaneous
Equipment/Streets Fleet Maintenance (Street Dept.)

From: Kelly Parkinson, Purchasing Manager
Re: | Engineering Services for Sewer Rehab Program in the amount not to exceed $243,585 funded from
accounts 81700 Infrastructure Improvements/ Bond (Engineering Dept.)

From: Kelly Parkinson, Purchasing Manager
Re: Asphalt Testing Change Order #4 in the amount of $63,795 funded from 81704 Paving Bond/ Bond
(Engineering Dept.)

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.)

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.)

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.)

Page Image
Finance Committee - Agenda - 5/4/2022 - P1

Board Of Aldermen - Agenda - 5/10/2022 - P155

By dnadmin on Mon, 11/07/2022 - 07:44
Document Date
Fri, 05/06/2022 - 13:26
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 05/10/2022 - 00:00
Page Number
155
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__051020…

2018-2019
Effactive Septombert 2016
Non-Certified 440-4} 246-8} 240-15} 4446+}
Elementary: Cools oe 24268 ft S14 45
MiddieHigh School Gook f4222 $44.00 $4462 $14.76
Food-ServiceAscistant $41.46 $4222 i240 M2682
LeadCeook $4495 $1558 $1622 $16.38
Certified +60-cente 14o-a) 2-(6-5} 2-{8-48} Shhh
Elementar Coal £4266 S4446 14-84 $4405
Middlewich Scheol Coele oSs $4.50 $15.42 $15.26
Food Service Assistant $12.49 £1272 FAO FAB An
Lead-Cook $4545 608 e182 $1688
APPENDIX-A-2
2040-2020
Sitesth:¢ Ceatembert ate cae
Non-Carlflied Ah AYE) 4 (0-45) 44-4484)
Elementary Cook $43.38 $14.00 $14.67 $14.81
Middle/High School Cook $43-20 344.35 $14.99 HSh4
Feodteesesticsstasnt Hee He $42.89 t4204
Lead-Cook $15.32 $16.92 $716 63 $16.78
Certifled-+.60- conte {604} 26-8} 319-16} 444644
Blemenian- Cook $13.88 $14.50 $15.47 $45.44
Midcle/High Scheel Soak E428 F488 Fee 345.53
Feed-Semise-Assistant 8 Ho43 Hew Ha
Lead-Gasn $15.82 $16.47 $1243 $728
APPENDIX A-31

2020 20242024 -2022

Effective September 1, 20202021

35

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Board Of Aldermen - Agenda - 5/10/2022 - P155

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