AGREEMENT
BETWEEN THE
NASHUA BOARD OF EDUCATION
AND THE
NASHUA TEACHERS' UNION
LOCAL 1044 AFT, AFL-CIO
September 1, 2021
through
August 31, 2025
Signature Approval Date:
NASHUA BOARD OF EDUCATION
Jennifer Bishop, President
Heather Raymond, Clerk
Jessica Brown
Neil Claffey
Christina Darling
Sharon Giglio
Paula Johnson
Regan Lamphier
NEGOTIATING COMMITTEE/RESOURCE PEOPLE
Thomas Closson, Attorney
Jessica Brown, Board of Education
Heather Raymond, Board of Education
Sandra Ziehm, Board of Education
Dr. Garth McKinney, Superintendent (Interim)
Dr. Kimberly Sarfde, Assistant Superintendent
Anthony Parker, Assistant Superintendent
Diane Carey, Director, Human Resources
Daniel Donovan, Chief Operating Officer
Derek Danielson, Assistant Business Director
NASHUA TEACHERS’ UNION
Adam Marcoux, President
Gary Hoffman, Vice President
Patrick Johnson, Secretary
Stacy Gingras, Treasurer
Michelle Quadros, Member-at-Large
Patricia Gagnon, Member-at-Large
Stephanie Keating-Bayrd, Member-at-Large
NEGOTIATING TEAM
Susan Chmura
Kenneth Heaton
Gary Hoffman
Stephanie Keating-Bayrd
Linda Lennon
Adam Marcoux
Alyson Miller
David Varano
ARTICLE |
ARTICLE II
ARTICLE Ill
ARTICLE IV
4:1
4:9
ARTICLE V
5:9
ARTICLE VI
6:1
6:12
ARTICLE VII
7:1
ARTICLE VIII
8:1
8:8
ARTICLE IX
9:1
TABLE OF CONTENTS
Page
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Salary and Rates of Pay... cece ceeeeeceeeeteetetetetetete esse eeeseeeeaeeeaeaeaeaeaeaaaeaeaeaeaeeea 5
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Placement on the Salary Schedule 0000... ccc ee ee ease ee ee se eeeeeeeeaaaeeeaaaeaeaeaaaaaea 5
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Longevity PayMent ..........0 ccc ese ee cece ease se sesesesesesesaeeeesasaaaeasaaaeeaeeeaaaeaeaaaaaeaaaaaeaea 7
SSYAV(-) 6-101 1-0 ae | ree 8
Supplemental Benefits .....0.0..0.. cece ceceeeeeeesee tet teeet eee es se ee esas eeaeaeaeaeaeaeaeaeaeaeaeaeaaeea 8
Worker's Compensation and Pension ............ccccccccccccccccccccecccceeeeceeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeess 8
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Course Tuition and Professional Development Reimbursement..................c cece 10
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TUDErcUlOSIS SCEENING 0... rn nn NE HI EOE EE I I I I I I i i iin tnenenereree 19
Terms and Conditions of Employment o.oo ri i i i i i i i iii eteneneneree 19
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STo! a[ol0) i B)- | Aopen 20
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9:12 makele] &- 100 @) ©) 6f0) 00010 11 -\— 26
9:13 Probation For NuUrS@S ooo... ..ccecceecccc cece cece cece cece cae eeeeeeseeecaaeeeeeeecesecgnseeeeeeeeeestteeeeeeees 26
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12:3 Distribution of Material - Mail Boxes «20.0.0... c cece eee cce ce eeee cece ceeeeeeeeeeeesnneaeeeeeees 28
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12:5 No Local Organization Activity on School TiMe............ ccc cece ett e esas nena nena nena 28
12:6 Protection of Individual and Group RIghts............ 0. ccccccccececeeaceeeeeeeeeeeeeeseeeeeeeseeeeeaeaess 28
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12:11 Released Time ........ cece cece cece cece ee cnee eect ee ceee ca eeaeeeeeeeeecesaeeeeeeeeecdiaeeeeeeeeeceteieeseseeened 30
ARTICLE XiIll Rules, Regulations and Management Rights ...............ccccccccccccccceceeeeeeeeeeeeseeeeeeeeeeeeeaeaeas 30
13:1 Adherence To Rules, Regulations, Policies and Provisions... cccccccccceeeeeeee 30
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ARTICLE XIV Resolution of Differences by Peaceful Means...............ccccccccccccccceeeeeeeeeeeeeeeeueeeeeeeeeaeaeas 31
ARTICLE XV Miscellaneous Provisions .............. ccc cece cece cece ecne cece ce ceeeceaeeeeeeeceeecsneeeeeeeeeeestneeeeeeees 31
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ARTICLE XVII Duration of Agree Me nt oo... iii nn nnn nn HI I I I IOI IOI I i i iii enentrereneres 31
APPENDIX A-1 Teachers' Salary Schedule 2021-2022 ooo... erent eter er etenerereres 33
APPENDIX A-2 Teachers' Salary Schedule 2022-2023 ooo. i i iinet tterentrenereres 34
APPENDIX A-3 Teachers' Salary Schedule 2023-2024 ooo... i rene etenererereres 35
APPENDIX A-4 Teachers' Salalry Schedule 2024-2025 ooo. etter erin treneneres 36
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APPENDIX | Delta Dental Premier Network... cece cece cence cece cece caeeeeeeeceeecaeeeeeeeeeeestnaeeeeeess 43
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AGREEMENT
AGREEMENT made between the NASHUA BOARD OF EDUCATION (hereinafter called the "BOARD") and the
NASHUA TEACHERS' UNION, LOCAL 1044, AMERICAN FEDERATION OF TEACHERS, AFL-CIO (hereinafter
called the "UNION").
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ARTICLE |
Recognition
The BOARD recognizes the Nashua Teachers’ Union as the exclusive representative for the purpose of
collective bargaining concerning wages, hours and other terms and conditions of employment of all
teachers, including teachers who are under Annual, Partial-year, Title | teachers, Part-time teachers (as
defined by the number of hours teachers are required to work commencing with the arrival of students and
ending at the end of the student day but excluding the teacher lunch period), and Continuing Substitute
teachers, employed by the BOARD as included herein:
TEACHERS
SPEECH LANGUAGE PATHOLOGISTS
SCHOOL COUNSELORS
READING CONSULTANTS
DEPARTMENT CHAIRPERSONS
SPECIALISTS
LIBRARIANS
PEER COACHES
HEAD TEACHERS
SCHOOL NURSES
SCHOOL PSYCHOLOGISTS
SOCIAL WORKERS
TEACHER TEAM FACILITATORS
IN-HOUSE SUSPENSION TEACHERS
and excluding all other employees.
The UNION agrees to represent equally all teachers without regard to membership in the UNION.
Commencing with the date of their appointment as a continuing substitute all Continuing Substitute
teachers shall be covered by all provisions of this Agreement, in accordance with the limitations stated
therein, with the exception of the following contract provisions:
Article 6:2 Sick Leave Bank
6:10 Extended Leaves
6:11 Sabbatical Leave
7:1 Notification of Re-Employment
7:2 Notification of Assignment
77 Seniority
7:8 Reduction in Staff
7:9 Recall
10 Transfers, Vacancies and Promotions
All Title | teachers included in the bargaining unit who have a work day or work year less than the work day
or work year of a contract teacher, shall be covered by all provisions of this Agreement, in accordance with
the limitations stated therein, with the exception of the following contract provisions:
Article 4:8 Longevity
*5:1 Workers' Compensation and Pension (Pension portion only)
5:3 Health Insurance
5:6 Continuation of Insurance
8:1A.1,.2,.3. School Year/School Calendar
8:2 School Day
8:3 Planning Periods
8:4 Teaching Load/Class Size
IX** Transfers, Vacancies and Promotions
Nothing in this Agreement shall be construed to affect the right of the above Title | teachers to become a
member of the New Hampshire Retirement System. The District shall have no obligation to make a-contribution
to the New Hampshire Retirement System on behalf of any of the above Title | teachers unless the enrollment of
those teachers in the System is mandated by the System or by other provisions of State law.
aK
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With the exception of those portions of subsections 9:1 through 9:6 applicable to the transfer rights of Title |
teachers to Title | positions within their designated area.
All Part-Time teachers included in the bargaining unit shall be covered by all provisions of this Agreement,
in accordance with the limitations stated therein with the exception of the following contract provisions.
Article 4:8 Longevity
*5:1 Workers' Compensation and Pension (Pension portion only)
6:2 Sick Leave Bank
8:2 School Day
8:3 Planning Periods
*Nothing in this Agreement shall be construed to affect the right of any Part-Time teacher to become a member of
the New Hampshire Retirement System. The District shall have no obligation to make a contribution to the New
Hampshire Retirement System on behalf of any Part-Time teacher unless the enrollment of that teacher in the
System is mandated by the System or by other provisions of State law.
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ARTICLE Il
Definitions
The term "School", as used in this Agreement, means any work location or functional division maintained by
the BOARD where instruction is offered to the children of Nashua.
The term "Principal", as used in this Agreement, means the responsible administrative heads of their
respective schools.
The term "Teacher", as used in this Agreement, means a person employed by the BOARD who is part of
the Unit as described in ARTICLE |.
The term "Department Chairperson", as used in this Agreement, means a teacher with single building
responsibility and supervision.
The term "Teachers' Union Representative", as used in this Agreement, means a Teacher Union Building
Representative or the alternate UNION designee who shall be part of the Unit as defined in ARTICLE I.
The term “allied fields" shall mean a closely related subject to that in which the teacher's previous
experience occurred.
Whenever the singular is used in this Agreement, it is to include the plural where the context clearly so
indicates.
The term "service", as used in this Agreement, shall mean time when the teacher is actually engaged in
teaching, together with any authorized paid leave granted pursuant to this Agreement.
A regular "School Nurse" is a Registered Nurse licensed by the State of New Hampshire employed in said
capacity to fill an approved budgeted School Nurse position which is not temporary or as provided in Article
9:9B.
A "Continuing Substitute School Nurse" is a Registered Nurse licensed by the State of New Hampshire
employed in said capacity to fill a School Nurse position temporarily vacant due to an approved extended
leave of absence, or to fill a permanently vacant position as provided in Article 9:9B.
A"Temporary School Nurse" is a Registered Nurse licensed by the State of New Hampshire employed to fill
a Temporary School Nurse position that is expected to be of limited duration.
A designated area is composed of all teachers currently teaching in a subject area. These teachers must
teach in that subject for the greater portion of their regular work day as referenced in Appendix H.
The term “Master Plan’, as used in this agreement, refers to the professional development master plan
required by the New Hampshire Department of Education and approved by the Nashua Board of Education.
ARTICLE III
Grievance Procedure
Grievance and Arbitration Procedures
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The purpose of this Article is to establish a procedure for the settlement of grievances which involve:
A. An alleged violation of a term or provision of the existing contract.
B. A grievance otherwise arising out of the employer-employee relationship involving wages, hours or
other terms or conditions of employment.
All such grievances will be handled as provided in this Article.
No grievance shall be considered under the grievance procedure unless it is presented as provided below.
A grievance must be referred to the next step as provided below or the grievance will be considered settled
on the basis of the last answer given. If a grievance is once settled in any of the following steps, it shall be
considered closed and shall not thereafter be subject to the grievance procedure or to arbitration.
All grievances over which a principal has no jurisdiction shall be submitted directly to the Superintendent
within thirty (30) school days after the aggrieved party knows, or should have known, of the act or condition
on which the grievance is based. Submission at any level within that thirty (30) school day period shall
establish the timeliness of the grievance.
Step 1.
Any teacher who has a grievance shall, with or without the Union Representative, discuss it first with the
Principal in an attempt to resolve the matter at that level.
Step 2.
If the grievance is not settled within ten (10) school days after presentation at Step 1, the aggrieved party
shall, within ten (10) school days thereafter set forth the grievance in writing to the Principal specifying:
(a) The specific nature of the grievance and date it occurred.
(b) The provision(s) of this Agreement which is alleged to have been violated.
(c) The nature and extent of the injury, loss or inconvenience.
(d) The results of previous discussions.
(e) The basis for dissatisfaction with the decisions previously rendered.
(f) The remedy which is desired.
The grievance shall be signed by the aggrieved teacher and Union Representative before being presented
to the Principal in Step 2.
If the grievance is not received in writing by the Principal in Step 2 within thirty (30) school days after the
aggrieved party knows, or should have known, of the act or condition on which the grievance is based, the
grievance will be considered as waived. An alleged waiver will be subject to arbitration pursuant to the
provisions of this Article.
The Principal shall act upon the grievance within five (5) school days after receipt at Step 2 and shall
communicate a decision in writing to the UNION.
Step 3.
If the issue is not resolved after Step 2, the grievance shall, within five (5) school days after receipt of the
Principal's decision be submitted to the Superintendent of Schools. The Superintendent shall act upon
the grievance within a period not to exceed ten (10) school days and shall communicate a decision in
writing.
Step 4.
The UNION, no later than ten (10) school days after receipt of the Superintendent's decision, may appeal
the Superintendent's decision to the School BOARD. The appeal to the BOARD must be made in writing
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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) school days. 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 deemedto be acceptance of the decision rendered at that step.
It is understood that teachers shall, during and notwithstanding, the pendency of any grievance, continue to
observe all assignments and applicable rules and regulations of the BOARD until such grievance and any
effect thereof shall have been fully determined.
Rights of Teachers to Representation
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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 Teachers’ 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 present its position in writing at all meetings with the grievant held concerning the
grievance and shall receive a copy of decisions rendered.
Arbitration
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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 no later than two (2)
weeks after the completion of Step 4. The grievance shall be considered as having been settled in Step 4
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) 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 then obtaining, 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 operation of this grievance and arbitration agreement shall be subject to the provisions of Chapter 542
of the New Hampshire Revised Statutes Annotated.
If Chapter 542 should be held by the Supreme Court of New Hampshire to be inapplicable to employees in
this bargaining unit, this article of the contract shall be renegotiated.
School Board Grievances
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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.
If said grievances cannot be resolved between the BOARD and the UNION, the BOARD shall be entitled to
submit them to arbitration. It shall give the UNION written notice thereof not later than two (2) 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) 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.
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Released Time
Any teacher 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 hearing with the teacher.
ARTICLE IV
Salary and Rates of Pay
Basic Salary Schedule
The salaries and differentials of the members of the Unit defined in Article | are set forth in Appendix A
which is attached to and made part of this Agreement. The agreed upon salary schedules shall be
implemented, including payment of all incremental increases, as follows:
- Effective September 1, 2021, employees will be placed on the 2021-2022 Salary Schedule
according to their credited years of experience (see Appendix A-1).
- On September 1, 2022, the 2022-2023 Salary Schedule will be implemented. All eligible
employees will advance one step (see Appendix A-2).
- On September 1, 2023, the 2023-2024 Salary Schedule will be implemented. All eligible
employees will advance one step on the schedule that reflects their credited years of
experience (see Appendix A-3).
- On September 1, 2024, the 2024-2025 Salary Schedule will be implemented. All eligible
employees will advance one step on the schedule that reflects their credited years of
experience (see Appendix A-4).
No employee hired after the ratification of this agreement shall be placed on the salary scale above any
employee with equivalent experience who was hired after September 1, 2013.
Placement on the Salary Schedule
A.
Subject to the Superintendent's salary and hiring recommendation and BOARD approval.
Teachers, other than school nurses and school psychologists, shall be granted full credit for all
prior teaching experience after the receipt of their Bachelor's Degree provided that such
experience is current and in the same or an allied field.
For purposes of placing new hires on the salary schedule, the District will grant incoming school
nurses full credit for satisfactorily demonstrated prior nursing experience related to children of
public-school age and up to four (4) years’ credit for satisfactorily demonstrated prior nursing
experience in a hospital/medical practice.
Further, effective September 1, 2022, the District will grant school nurses who are currently
employed by the District up to four (4) years’ additional credit on the salary schedule for
satisfactorily demonstrated prior nursing experience related to children of public school age and/or
prior nursing experience in a hospital/medical practice. In order to be eligible for this benefit,
school nurses who are currently employed by the District must submit a written request, including
an explanation and, if necessary, written proof of their relevant prior nursing experience to the
District's Human Resources Director within 30 days of this agreement being signed into effect.
The District's Human Resources Director will issue a decision on each request within 30 days of
receiving a request, and such decision may be grieved in the ordinary course. Failure to submit a
written request for this benefit within 30 days of this agreement being signed into effect will be
deemed a full and final waiver of the benefit.
School psychologists shall be granted full credit for all prior teaching and/or psychologist
experience provided that such experience is current and in the same or an allied field.
This clause shall not be applied retroactively in that present service, as determined, shall be
deemed as final.
Service as a teacher of at least ninety (90) school days within a previous school year is required
for the period to count toward a step on the salary schedule.
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EQUIPMENT SPECIFICATIONS
Room 231
* (2) sections 48Wx36Dx76H for Rolled Maps
* (8) sections 48Wx24Dx76H for file folders
« (6) sections 48Wx32Dx/7/6H for boxed storage
« (30) Draws for flat files
Room 204
* (4) sections 48Wx16Dx76H for Rolled Maps
» (4) sections 48Wx24Dx/76H for file folders
* (4) sections 48Wx32Dx76H for boxed storage
