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Board Of Aldermen - Agenda - 9/9/2020 - P42

By dnadmin on Sun, 11/06/2022 - 23:03
Document Date
Fri, 09/04/2020 - 12:48
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Wed, 09/09/2020 - 00:00
Page Number
42
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__090920…

AGREEMENT made by and between the NASHUA BOARD OF EDUCATION (hereinafter called the “BOARD”)}
and the NASHUA ASSOCIATION OF SCHOOL ADMINISTRATORS AND SUPERVISORS (hereinafter called “THE
ASSOCIATION”) AFSA, AFL-CIO.

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ARTICLE |
Recognition

The “BOARD” recognizes the Nashua Association of School Administrators and Supervisors as the
exclusive representatives for the purpose of collective bargaining concerning wages, hours, legally
limited terms and conditions of employment pursuant to N.H. Chapter 273A-Xi of all administrators
under contract who are employed by the “BOARD” at least 50% of the time as administrators or
supervisors as included herein:

ADMINISTRATORS — as listed in Appendix A
SUPERVISORS — as listed in Appendix A
NON-SUPERVISORS — as listed in Appendix A
But excluding all other employees.

The Association agrees to represent equally all members of the bargaining unit without regard to
membership in the Association.

Union Dues — Upon receipt of a voluntarily executed authorized deduction card, the District agrees
to withhold union dues from payroll and remit them to the union.

ARTICLE II
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 “length of service”, as used in this agreement, shall mean active employment except as
otherwise provided in this section (2:4}. in the event of authorized paid leave granted pursuant to
this agreement, the administrator or supervisor on such paid leave shall continue to accrue length of
service. In the event of authorized unpaid leave, or layoff, the administrator or supervisor shall retain
such length of service as was accrued on the date of the authorized unpaid leave or layoff upon return
to active employment, but shall commence further accrual only upon such return and shall not accrue
length of service during such leave or layoff period. In all other cases of interruption of service, the
administrator shall lose all accrued length of service.

The term “days” shall mean (Monday through Friday) work days.

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Board Of Aldermen - Agenda - 9/9/2020 - P42

Board Of Aldermen - Agenda - 9/9/2020 - P43

By dnadmin on Sun, 11/06/2022 - 23:03
Document Date
Fri, 09/04/2020 - 12:48
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Wed, 09/09/2020 - 00:00
Page Number
43
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__090920…

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ARTICLE Hl
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. Tothe 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 shall at any
tire 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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Board Of Aldermen - Agenda - 9/9/2020 - P43

Board Of Aldermen - Agenda - 9/9/2020 - P44

By dnadmin on Sun, 11/06/2022 - 23:03
Document Date
Fri, 09/04/2020 - 12:48
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Wed, 09/09/2020 - 00:00
Page Number
44
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__090920…

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ARTICLE V

Salary and Rates of Pay

Salary Schedule

All bargaining members will receive 21.5% increase to base salary effective July 1, 2029-2020 except
those newly hired bargaining unit members who have already been placed with a 204920202020
2021 salary (see Appendix A). No employee shall be placed on the salary scale above their supervisor
with comparable experience.

eftducation. A good faith effort will be made by the joint labor management committee to
develop salary scales for all bands of members of this bargaining unit on or before December
31, 2020. In furtherance of this goal, the joint labor management committee will hold no less
than one (1) meeting per month, beginning in Auqust 2020.

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 shall 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. 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

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Board Of Aldermen - Agenda - 9/9/2020 - P44

Board Of Aldermen - Agenda - 9/9/2020 - P45

By dnadmin on Sun, 11/06/2022 - 23:03
Document Date
Fri, 09/04/2020 - 12:48
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Wed, 09/09/2020 - 00:00
Page Number
45
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__090920…

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with the Nashua School District after receiving compensation for a portion of time not worked shall
reimburse the Schoo! District for the amount of unearned compensation.

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

Longevity

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

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 leaye 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 jayoff 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 shail
use the amount of days currently assigned to their position.

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Board Of Aldermen - Agenda - 9/9/2020 - P45

Board Of Aldermen - Agenda - 9/9/2020 - P46

By dnadmin on Sun, 11/06/2022 - 23:03
Document Date
Fri, 09/04/2020 - 12:48
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Wed, 09/09/2020 - 00:00
Page Number
46
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__090920…

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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.
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 acomparable plan as determined by the Board

a) Point-of-Service Plan;
b) HMO Plan; or
c) An additional plan made available through the Board with benefit levels and premium

cost sharing mutually determined by the Board and the Association.

Health care plan options are at the sole discretion 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 leave 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 plan. All 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 (5100.00) 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;

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

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.

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Board Of Aldermen - Agenda - 9/9/2020 - P46

Board Of Aldermen - Agenda - 9/9/2020 - P47

By dnadmin on Sun, 11/06/2022 - 23:03
Document Date
Fri, 09/04/2020 - 12:48
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Wed, 09/09/2020 - 00:00
Page Number
47
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__090920…

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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 limit of $100,000.

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 shall 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

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

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Board Of Aldermen - Agenda - 9/9/2020 - P47

Board Of Aldermen - Agenda - 9/9/2020 - P48

By dnadmin on Sun, 11/06/2022 - 23:03
Document Date
Fri, 09/04/2020 - 12:48
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Wed, 09/09/2020 - 00:00
Page Number
48
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__090920…

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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 shail 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 wiil be prorated based on the standard
hours for the position.

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

FMLA

The Nashua School 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.

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.

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

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Board Of Aldermen - Agenda - 9/9/2020 - P48

Board Of Aldermen - Agenda - 9/9/2020 - P49

By dnadmin on Sun, 11/06/2022 - 23:03
Document Date
Fri, 09/04/2020 - 12:48
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Wed, 09/09/2020 - 00:00
Page Number
49
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__090920…

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(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.

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.

B. 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 |0 days of
receipt of the request.

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Board Of Aldermen - Agenda - 9/9/2020 - P49

Board Of Aldermen - Agenda - 9/9/2020 - P50

By dnadmin on Sun, 11/06/2022 - 23:03
Document Date
Fri, 09/04/2020 - 12:48
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Wed, 09/09/2020 - 00:00
Page Number
50
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__090920…

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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 pools 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
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

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Board Of Aldermen - Agenda - 9/9/2020 - P50

Board Of Aldermen - Agenda - 9/9/2020 - P51

By dnadmin on Sun, 11/06/2022 - 23:03
Document Date
Fri, 09/04/2020 - 12:48
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Wed, 09/09/2020 - 00:00
Page Number
51
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__090920…

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

c: 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 XAXIII.

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 Joint Labor Association with
representation from both Administration and Union. The evaluation and job performance appraisal
process shall include establishing performance goals for the ensuing year.

Association members shall have the right to comment on any material contained in their respective
personnel file and their comments shall be affixed to the pertinent material.

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 of remediation. During the time frame when the
employee is on written plan of remediation, no annual wage percentage increase will be rewarded.
Failure of the employee to meet the requirements for improvement in performance outlined in the
plan may result in discharge (termination) from employment.

The Association and the District will create a joint labor management committee to create a rubric
to be used for employee evaluations.

ARTICLE X

Terms and Conditions of Employment

Work Year

A. All Association members Adrrinistraters- shall work fullealendaryearbasedontwohundred
Sieh 1260) days._Supenisers-shall work the days listed in Appendix A.

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Board Of Aldermen - Agenda - 9/9/2020 - P51

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