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ARTICLE III
Resolution of Differences and Management Rights

Resolution of Differences by Peaceful Means

The Association and the Board agree that differences between the parties shall be settled by peaceful
means as provided within this agreement. The Association 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 designated administrative or supervisory duties, as
well as related functions on the part of any employee covered by this agreement, or otherwise
engage in any activity/activities that constitutes an unfair labor practice pursuant to RSA 273-A:5.

Management Rights

The Association recognizes the following responsibilities, rights, authority, and duties of the Board
and the Superintendent of Schools, except as they are modified by provisions of this agreement.

The Board and Superintendent hereby retain and reserve unto themselves, without limitation, all
power, rights, authority, duties and responsibilities conferred upon and vested in them by the
statutes, including RSA 273-A:1, XI, and constitution of the State of New Hampshire, the rules and
regulations of the New Hampshire Board of Education, and the Charter of the City of Nashua:

1. To the executive management and administrative control of the School District and its properties
and facilities.

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

3. To decide upon the duties, responsibilities, and assignments of administrators and supervisors
with respect to administrative and non-teaching activities, and the terms and conditions of

employment.

ARTICLE IV

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 shail 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.

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ARTICLE V

Salary and Rates of Pay

Salary Schedule

All bargaining members will receive 45%-increases te-base-salare effective July 1, 20212026-per the
salary schedule in Appendix A-2, except those newly hired bargaining unit members who have

already been placed with a -32920-20212021-2022 salary-seeAppendix4}. These employees will

be placed on the salary schedule effective July 1, 2022. No employee shall be placed on the salary
scale above their supervisor with comparable experience.

Course Tuition Reimbursement

A. With advance approval from the Superintendent (or a designee}, an Association member
may be reimbursed 80% of the tuition cost for completing a work-related accredited college
or university courses(s}, but not exceeding $1,000 annually. The Superindent (or designee)
may also approve reimbursement up to 80% per course or workshop sequence offered by
colleges or other training centers leading to certificates of study in areas directly related to
the work of the employee, but not to exceed $1,000 annually.

B. Reimbursement will only be made for courses completed with a grade of “B” or better at the
undergraduate level, a “B” or better at the graduate level, or a grade of “pass” if a course is
offered only on a pass/fail basis

Mileage Reimbursement
Association members who are authorized by their supervisors to use private vehicles on school

business shail be reimbursed at the prevailing IRS rate. Any employee using his or her private vehicle
for school business must maintain auto liability insurance coverage.

Method and Time of Salary Payment

Salaries of Calendar Year Association members shall be paid in twenty-six (26} bi-weekly installments,
starting with the first administrator pay period in July. School Year Association members shall be
paid in twenty-two (22) bi-weekly installments. Food Service Site Coordinators may choose 22 or 26
payment installments on a teacher pay cycle. Increases for Food Service employees who choose 26
payment installments shall begin with the first_paycheck of the school year. Paychecks shall be
distributed to administrators in individually sealed envelopes. The District may institute delivery of
direct deposit slips by electronic means, subject to requirements of state law. An employee who
terminates his or her employment with the Nashua School District after receiving compensation for
a portion of time not worked shall reimburse the School District for the amount of unearned
compensation.

The President of the Association or his or her designee shall be granted 1 day of paid leave per fiscal
year to attend the national union conference.

Longevity

See Appendix B for a listing of Association members’ longevity payments.
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Severance Pay

Upon the retirement or death of a full or part-time Assocation member who has at least ten (10)
years seniority in the District, the District shall pay to that employee or the employee's estate, in the
case of death, a per diem rate based on 60% of the employee's current daily per diem salary, per day
of accumulated sick leave up to a maximum of one hundred (100) days. If the retirement or death
occurs in the middle of a fiscal year, the District shall pro-rate credit for sick leave based on the
separation date. For example, if you retire July 30, you would receive 1/12 of your sick time that is
loaded July 1.

Upon the resignation or layoff of a full or part-time employee who has at least ten (10) years seniority
in the District, the District shall pay to that employee a per diem rate based on 35% of the employee's
current daily per diem salary per day of accumulated sick leave, up to a maximum of one hundred
(100) days. If the resignation or layoff occurs in the middle of a fiscal year, the District shall pro-rate
credit for sick leave based on the separation date. For example, if you resign July 30, you would
receive 1/12 of your sick time that is loaded July 1.

Upon the retirement, death, resignation or layoff of a full or part time employee, or if the employee
transfers into a position not eligible for vacation, the District shall pay to that employee (or the
employee's estate if the employee is deceased), a per diem rate based on 100% of the employee's
accrued vacation time.

Association members in the employ of the District prior to July 1, 2011 shall be grandfathered in at a
maximum accural of 185 sick days for the purpose of severance calculations.

Total severance payments made to an administrator over the course of his or her career(s} with the
Nashua School District shall not exceed the maximum payment for which the Association member is

eligible under Section 5:6 {above}.

Calculation of Per Diem Rates

For purposes of determining the value of payroll adjustments, accrued vacation leave and
severance, full calendar year shall be considered working 260 days. School year employees shall
use the amount of days currently assigned to their position.

ARTICLE VI

Supplemental Benefits

Workers Compensation

Association members shall be subject to the provisions of the New Hampshire Workers’
Compensation Law.

New Hampshire Retirement System

Association members shall be subject to the provisions of the New Hampshire Retirement System.

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Health Insurance

The District shall provide, upon the request of an Association member, the benefits of an individual,
two-person or family coverage under one of the following plans offered by the Board of Education,
or a comparable pian as -determined by the Board:

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

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High Deductible

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

Health care plan options are at the sole discretion of the Board, and the Board reserves the right to
change a health insurance carrier providing comparable benefits. The District shall have the right to
provide prescription benefits through a separate provider managed by a pharmacy benefits manager.

Any Association member requesting initial membership in a plan may enter during a specified
enrollment period. Any eligible Association member desiring to select a different plan may make
such a change only during the annual enrollment period or a qualifying event.

The group health insurance of any Association member terminating employment with the District for
whatever reason - resignation, retirement, lay-off, discharge or unpaid ieave of absence other than
sick leave - shall expire on the last day of the month following the month the Association member
terminates employment with the District.

The District shall contribute 70% of the premium for a point-of-service plan, and 80% of the premium
for an HMO and High Deductible plans. Ail plans offered by the district shall have the following co-
pays and deductibles:

a) Twenty Dollars ($20.00) per medical visit;

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

c) Two Hundred Fifty Dollars ($250.00) per person, Five Hundred Dollars ($500.00) per two-
person/Family Inpatient/Outpatient Facility Deductible; and

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

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

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

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

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

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

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

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

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

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

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

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

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

Specific provisions of each plan, including pharmacy benefits, will be provided to each employee at
the time of hire, upon request, or in advance of any changes to the benefits provided by a plan.

The parties agree to reopen the contract only on the issue of health insurance in the event that the
Cadillac Tax is ever implemented.

Life Insurance

All Association members are eligible for life insurance at one and one-half times an individual's
annual salary, to a Jimit of $406,608200,000.

Professional Membership Dues

The Superintendent may approve the cost of membership dues to recognized professional
associations directly supporting an Association member's area of responsibility, contingent upon
available funds.

Long-Term Disability Insurance

The District shall pay for long term disability insurance for all Association members.

Dental Coverage

The District shall provide, upon the request of an Association member, at no cost to the Association
member, single person, two person or family plans for dental coverage. Dental Buy-Up option is
available to all members.

Vision Coverage

The District shal! provide, upon the request of an Association member, at no cost to the Association
member, vision coverage for a single, two-person, or family plan.

ARTICLE Vil

Leaves of Absence

Vacation Leave

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Full Calendar Year Association members shall receive twenty (20) days of annual vacation leave,
accruable on an ongoing monthly basis. Full Calendar Year Association members may accumulate
and carry over up to forty (40) vacation days on August 1* of each year.

Part Time full year Association members shall receive annual vacation leave, and have the same
accrual and carry-over privileges as above, on a prorated basis.

Holidays

All full year Association members shall receive the following paid holidays:

July 4" Day After Thanksgiving
Labor Day Christmas Day
Columbus Day New Year's Day
Veterans’ Day Martin Luther King Day
Day Before Thanksgiving Memorial Day

Thanksgiving Day

Sick Leave

Each full year Association member shall be entitled to fifteen (15) days sick leave per fiscal year. Sick
leave will be cumulative to 165 days for those employees hired on or after July 1, 2011, and 185 days
for the employees hired prior to July 1, 2011. School year Association members shall be entitled to
11 sick days. Sick leave and accruals for part--time employees will be prorated based on the standard
hours for the position. Sick days for staff hired after the start of the fiscal year will be prorated in the

year of hire.

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

FMLA

The Nashua Schoo! District will abide by the requirements of the Family Medical Leave Act as it may
be amended from time to time.

Sick Leave Bank

Any eligible Association member may elect to participate in the Sick Leave Bank as outlined in the
Nashua School District Non-Affiliated Employees Handbook, as it may be revised from time to time
by the Board of Education.

Personal Days

Full-year Association members shall be entitled, during each fiscal year, to four (4) paid personal
days. School year Association members shall be entitled, during each fiscal year, to three (3) paid
personal days on days they are scheduled to work.

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Personal days must be approved in advance by the Association member's supervisor. Personal leave
for part-time employees will be prorated based on the Standard Hours for the position. Personal

days are not accruable to the next fiscal year. Personal days for staff hired after the start of the fiscal
year will be prorated in the year of hire.

Snow Day

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

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

Military Service Leave

The District will comply with USERRA and the Military Leave Provisions of the Family and Medical Act.

Bereavement Leave

Association members are entitled to bereavement for seven (7) days for the death of a spouse,
domestic partner or child; three (3) days for the death of immediate family members; and up to three
(3) days in any fiscal year for the death of close relatives. “Immediate family members” include
mother, father, brothers, sisters, and grandparents, as well as in-laws and step-relations to these
members. School year employees are entitled to the above for deaths that occur during the school

year.
Extended Leave

Upon the approval of the Superintendent and the Board, an Association member may be granted an
unpaid extended leave of absence for up to two full semesters, except that no leave of absence will
be granted for the purpose of accepting employment outside of the Nashua School District, or for
self-employment.

Jury Duty

Employees called to jury duty will be paid the difference between compensation earned for jury duty
and their regular salary. Employees must submit evidence of service as a juror and any compensation
for jury duty to the Payroll Office.

Released Time
Members of the negotiating team for the Association will be granted released time, if needed,

without loss of pay or loss of personal days for the purpose of contract negotiations, mediation, fact
finding, grievance representation arbitration and related court hearings.

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rights or privileges established for employees of the City and Contractor is expected to have sufficient
autonomy with respect to implementation of details to satisfy applicable criteria with respect to being
an independent contractor.

SECTION 18. SUBCONTRACTING. or, — dg,

Notunthetandiang Gordracters disclosed use- oF mlicpeablent Corpuctors in iTS RFP
Contractor may not subcontract for the performance of any of Contractor’s services without written
approval of the City, except for independent videography services on a case by case basis. Any purported
subcontract made in violation of this section is null and void.

SECTION 19. CONTRACTOR CHANGES.

es bewbershi p
Contractor shall notify the Contract Manager of any change in the Contractor's Board-of Direetors-or-of-
the-Gontractor’s-Executive-Director_assigned-+to-Nashua, within ten (10) working days of its occurrence.
Contractor shall notify Contract Manager of any change in Contractor’s corporate structure, or any
Board of Director resolution affecting performance of this Contract, within ten (10) working days of its
occurrence.

SECTION 20. SUSPENSION OF FUNDING,

In the event that Contractor fails to timely and properly perform any of its obligations under this
contract, the City, without limiting any rights it may otherwise have, may withhold further payments to
the Contractor. The Contract Manager shall give Contractor notice in writing of its decision to suspend
funding. Such notice shall be given by certificd mail return receipt requested, hand delivery, or
facsimile communication to the Contractor’s executive director assigned to the Nashua studio. The
notice shall identify the nature of the default and the action required for cure. If the default has been

days, the City may terminate this contract under section 21 below, or exercise such other remedies thirty
available to the City under law or in equity. However, upon reasonable written request of Contractor, the
City shall afford Contractor a reasonable and fair opportunity to be heard on the matter.

SECTION 21. TERMINATION.
A. The City may terminate this contract for cause if Contractor:

fails to cure a default as noted in section 20;

materially breaches any provision of this contract;

is in a financial condition that endangers the performance of this contract;

is delinquent, in payment of taxes or of costs of performance of this contract in the ordinary
course of business.

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B. Either party may terminate this contract for convenience by giving at least sixty (60) calendar days
notice in writing to the other party. At the end of sixty (60) days, Contractor will be paid an
amount not to exceed its total accrued pro rated costs for services covered under this contract
during such sixty (60) day period, with such costs being the pro rated amount of the contract

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ARTICLE VIII

Employment Status

Vacancies and New Positions

A.

Vacancies and new positions shall be posted in iNews. A copy shall be sent to the Association
President when posted. Such notice shall be posted for no less than ten (10) calendar days
prior to the closing date of application for such vacancies or new positions. All posting
notices referred to herein shall delineate the duties, rate of compensation, qualifications for
the position, and application procedure.

Involuntary Transfers

A.

Where operational conditions permit, notice of a transfer which has not been requested by
the Association member shall be given to that Association member no less than 30 calendar
days prior to the effective date of the transfer.

An Association member who has been transferred and objects to the transfer may request a
meeting with the Superintendent or designee, with or without an Association
Representative, to discuss the transfer. Such a meeting will be scheduled within IO days of
receipt of the request.

Reduction in Staff

During a reduction in staff, the following guidelines will be used:

A.
B.

Where possible, staff reductions will be accomplished through normal attrition.

Where normal attrition does not suffice to reduce personnel in line with available applicable
positions, the following criteria will be considered within each pool—Each pool will be based
on positions within individual departments. First: level of performance as determined by
the performance evaluation, length of administrative experience in the District, and needs
of the District. Additionally, the following items will be considered: total length of service
with the District, prior administrative experience outside the District; voluntary district-wide
contributions; and level! of formal education.

The Association member(s) so affected will be rehired or reassigned to vacancies within their
respective poots which may subsequently occur within a period of two years following the
layoff or reassignment and for which the Association member is qualified.

Probationary Status

A.

New employees in Association positions shall be considered probationary employees for the
first ninety (90) days of employment. At the discretion of the Superintendent, a probationary
period may be extended for an additional thirty (30) days based on reasons such as extended
absence from the job or a change in the Association member's supervisor.

The purpose of the probationary period is to provide a reasonable period of time for an
employee to learn the fundamental requirements of the position, and for management to
assess an employee’s potential for successful performance in the position.

The Superintendent may dismiss an employee during the initial probationary period for any
reason. An employee who was employed with the District immediately prior to assuming a

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new position may be returned to his or her former position or a comparable position if such
a position is available.

Discipline
A. The Association recognizes the right of the Nashua School District to discipline or discharge

employees for cause. Discipline shall be corrective in nature and ordinarily utilized
progressively, and shall follow due process. Progressive disciplinary actions normally follow
the following order:

(1) Verbal Warning

(2) Written Warning

(3) Suspension without pay
(4} Termination

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

Cc. All disciplinary actions shall be documented and signed by both parties. The original will be
placed in the employee’s personnel folder in the Human Resource office.

D. All disciplinary actions are subject to appeal following the grievance procedure outlined in
Article Xb.

Resignations and Retirements

Unless for health reasons, Association members shall provide no less than thirty (30) calendar days
notice of resignations and retirements.

ARTICLE IX

Performance Appraisals

All evaluations and job performance appraisals will be in accordance with the evaluation and
performance forms and procedures adopted jointly by the Jeimt—Laber—Associaten—with
representationfrom-beth-Administration and Union. The evaluation and job performance appraisal
process shall include establishing performance goals for the ensuing year._ Annual evaluations shall

be completed by June 30" each year.

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

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

In those instances when an employee’s job performance consistently fails to meet minimum
performance expectations despite prior counseling and/or warnings from the employee’s supervisor,
the employee may be placed on a written plan-efremediationPerformance Improvement Pian (PIP).
During the time frame when the employee is on writter-plan-ofremediatiena PIP, no annual wage

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

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