Table of Content$ - NH.gov

Table of Content$

Page

Preamble .......3

Article Article NameI. Recogni t ion. . . . . . . . . . . . . . . . . . .3

II . Durat ion.. . . . . . . .3

m. Non-Discrimination ......4

IV. Resolution of Differences .............4

V. Management Rights . . . . . , . . . . . . . . . . . . . . . .4

VI. Working Condl i t ions.. . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . .5

VII. Hours and Days of Work . . . . . . . . . . . . . r . . . . . . . . . . . . . . . .8

Vru. Seniority ........9

IX. Compensat ion. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12

X. Leaves .. . . . . . . .14

)(I. Holidays ......19

)i l . Fr inge Benefi ts . . . . . . . . . . . .1.. . . . . . . . . . . . . .20

XIII. Grievance Procedure ...................23

) i lV. Ent i re Agreement. . . . . . . . . . . . . . . . r . . . . . . . { . . . . . . . . . . . . . . .26

XV. Negotiat ions Procedure.. . . . . . . . . . . . . . , . . . . . . . . . . . . . . .27

X\/I . General Provi5ions.. . . . . . . . . . . . . . . . . . . . .27

Appendix A - Dues Deduction Authorizati$n Form. ..................29

Appendix B - Paraprofessional Wage Grid ]........ ........30

Index.. . . . . . . . . . .32

Preamble

This Agreement entered into by the Rochester School Bbard, Rochester, New Hampshire,hereinafter referred to as the Board, and Local 3607 of the Rochester Federation ofTeachers, Paraprofessional Chapter, AFT-NH, AFT, AFL-CIO, hereinafter referred to asthe Federation.

Article I - Recognition

A. Sole and Exclusive Bargaining Agent

The Rochester School Board recosnizes the Rdchester Federation of Teachers.Paraprofessional Chapter Localbargaining representative of:

All Para-educator IsAll Para-educator IIsSecretaries

No. 3607 as the sole and exclusive collective

Title 1 tutofs and Para-educator IIsBookkeepeps

Excluded are all other employees, including, but not limited to, all supervisory,confidential, and professional employees.

B. Dues Deduction

Any bargaining unit member who wishes to havp Federation dues deducted fromhis/her pay shall notiff the Superintendent in writing on the forms provided by theFederation and affached hereto as Appendix A, the language of which is incorporatedby reference herein. (Form updated)

C. Officer Attendance

On instances where the attendance of an officer of the union or building representativeis required for conference at the request of the adnJrinistrator, helshe shall be releasedfrom his/her duties with no loss of pay. Where the pequest is so initiated by the UnionPresident, and with the approval of the Superintend]ent, or his/her designee, the officerandlor building representative may be released fronl his/her duties with no loss of pay.

Article II - Duration

A. This Agreement and the provisions herein shall bedome effective on July 1,2008 andshall continue in effect until June 30. 2011.

B. The parties agree that wage scale and wage related provisions (i.e. Workers'Compensation, F.I.C.A. and New Hampshire Retifement) shall be submitted to theRochester City Council and shall be subject to finfl approval by the Rochester CityCouncil. Upon City Council approval, these provisibns shall be effective July l, 2008.

Article III - Non-Discrimination

The provisions of this Agreement shall be appliefl equally to all employees in thebargaining unit without discrimination because o[ age, sex, marital status, sexualorientation, disability, race, color, creed, national qrigin, political affiliation or unionmembership.

Article IV - Resolution of Differences

The Federation and the Board agree that differehces between the parties shall besettled by peaceful means as provided within this Agreement. The Federation inconsideration of the value of this agreement and its terms and conditions will notengage in, instigate or condone any strike, work stoppage or any concerted refusal toperform work duties on the part of any employee povered by this Agreement for theduration of this Agreement.

Article V - Management Rights

The Federation recognizes the following responsibirlities, rights, authority, and dutiesof the Board, except as they are modified by provisiSns of this Agreement. The Boardhereby retains and reserves unto itself, without limitations, all power, rights, authority,duties and responsibilities conferred upon and vested in it by the Law and Constitutionof the State of New Hampshire:

1. To the executive management and administrativg control of the School System andits properties and facilities;

2. To hire, promote, transfer, assign and retain employees in positions with theRochester School System and to suspend, demote, discharge or take otherdisciplinary action against employees for just pause, to relieve employees fromduty because of lack of work or other legitimate feasons;

3. To establish grades and courses of instruction, iprovide for athletic, recreational social eventsnecessary or advisable by the Board;

cluding special programs, and tofor the students, all as deemed

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4. To decide upon the basic means and methods of instruction and the duties,responsibilities, and assignments of employees with respect thereto, and withrespect to administrative, instructional and non-instructional activities, and theterms and conditions of employment.

Article VI - Working Conditions

A. Upgrade Pay

When a paraprofessional is asked to serve as a subspaid either the substitute rate or his/her regular rate,will not be assigned to any duties prohibited by Fed

B. Para-educator I to Para-educotor II Upgrade

All Para-educator Is will be promoted to Para-edlucator II after three (3) years ofservice or upon completion of two (2) years of college or attaining HQ@ighlyQualified Status).

C. Overtime

Overtime shall be paid at a rate of one and one-half times the employee's regular rateof pay for any work beyond forty (40) hours in a single week. The overtime rate of paywill be calculated in accordance with the Fair Labor Standards Act reeardinedifferential puy rates.

In those cases where overtime is required, employees will be requested to performsuch assignments. If no employee elects to accdpt such assignment, the requirednumber of employees will be assigned and work the overtime hours.

An employee may receive compensatoryagreement between the employer and tlgiven within ninety (90) days. However,days if mutually agreed by employer and employee.

The District will pay one and one-half times the en[ployee's regular rate of pay if theSuperintendent, or his/her designee, requires, and approves in advance, an employee towork during the evening hours; evening hours for purposes of this provisioncommence at 5:00 p.m.

itute teacher, the employee will bewhichever is higher. Title 1 tutorsral regulations.

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D. When Overtime Paid

Overtime pay shall be included in the employbe's regular bi-weekly paycheck.Overtime worked and reported for one pay period s$all be paid in the next pay period.

E. Employee Evaluations

All evaluations of the performance of an employee fhall be conducted openly and withfull knowledge of the employee. The employee shall be given a copy of anyevaluation report prepared by his/her superiors and shall have the right to discuss suchreport with his/her supervisors.

F. Personnel Files

1. Employees shall have the right, upon request, tb review and copy the contents oftheir personnel files. An employee shall be entitled to have a representative of theUnion and/or a representative of their choice to accompany him/her during suchreview.

2. No material concerning an employee's conduct! service, character, or personalityshall be placed in his/her personnel file unless the employee has had anopportunity to review the material. The emplolee shall acknowledge that he/shehas had the opportunity to review such material by affixing his/her signature to thecopy to be filed with the express understanding that such signature in no wayindicates agreement with the contents thereof. The employee shall also have theright to submit a wriffen answer to such material and his/her answer shall bereviewed by the Superintendent and attached to the file copy.

3. Material which concerns an employee's conduct or service and is disciplinary innature may be removed from the employee's perlsonnel file after a two year periodas follows.

a. The employee will submit a written request for removal to the Superintendentof Schools.

b. No other disciplinary action will have occurrgd during the two year period.

c. The Superintendent will review the file and have the authority to remove saidmaterial. The employee shall have the option to appeal the Superintendent'sdecision to the School Board.

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G. Complaints Against Employees

Any complaints regarding an employee made to anj' member of the administration byany parent, student, or other person shall be prornptly called to the attention of theemployee. A complaint within the meaning of this article is an allegation that couldadversely affect the employee's personal or professional reputation and could beserious enough to warrant administrative action.

H. DisciplinaryProcedures

However, the above sequence need not be followed if an infraction is sufficientlysevere to merit immediate suspension or discharge. Additionally, the Board reservesthe right to take disciplinary action in any manner or form consistent with theefficiency of operations and appropriate to the infraction involved.

All suspensions and discharges must be stated in wrlting and the reason(s) stated and acopy given to the employee(s) and the Union at thd time disciplinary action is taken.The employee shall have the opportunity to respQnd within five (5) working days.Such response shall be in writing, and shall state tflre reason(s) why the employee ischallenging the suspension or discharge.

I. Placement on Salary Schedule

1. Credit in the salary schedule will be for relatdd education and job-related workexperience. No employee will be placed on a step higher than indicated by actualeducation and/or experience. Para-educators with two (2) years of college or whohave attained HQ (Highly Qualified) status shall be placed on the Para-Educator IItrack. After the effective date of this Agreement, no new employee will be givencredit on the wage scale for more than three yeprs of experience and/or educationduring his/her first year of employmestep will be granted to an employeeinitial salary schedule placement shal

Disciplinary action will be for just cause aorder:

a) Verbal Warningb) Written Warningc) Suspension Without Payd) Discharge

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J.

K.

Insurance and Benefit Information Pamphlets

All employees will be provided with pamphlets {escribing retirement, health, life,dental insurances and any other benefits regardin$ fringe benefits pertaining to theemployee. Pamphlets will be distributed within 30 days of receipt from the carrier.

Employee Pay Stubs

will beannual

L. Notification of Annual Employment Status

Notification will be given to all employees by July 30. It will consist of assignmentfor the upcoming school year and salary/hourly wagO rate.

M. LIse of Automobile

If an employee is requested to use his/her car inl the course of employment, saidemployee will be reimbursed for the use of his/her car at the current IRS rate. It isunderstood that no employee will be required to use his/her car to transport students.

N. Handling of School Funds

Employees who have responsibility for handling moneys shall be held harmless if saidmoneys are destroyed, stolen, damaged, or lost thr$ugh no fault or negligence of theemployee in charge.

O. Work Rules

The District may prepare, issue, and enforce reasonable rules and safety regulationsnecessary for safe, orderly and efficient operation.

Article VII - Hours and Davs of Work

A. This Article is intended to define the normal hour$ of work per day or per week ineffect at the time of execution of this Agreement. Nothing contained herein shall beconstrued as preventing the Board from restructuring the normal work day or workweek for purposes of promoting the efficiency of School Administration; fromestablishing the work schedules of employees; or establishing part-time positions.

An accounting of the hours worked, rate paid, holiflay pay, and overtime payincluded on the bi-weekly paycheck stubs. Each employee shall receive anaccounting of his/her sick leave and vacation status.

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B. The work week for full-time employees shall be thir,fy hours or more, with the hours ofwork to be determined and scheduled by the department head or supervisor. Theschedule will be established based uponand federal standards.

C. Employees scheduled to work less than thtime employees.

D. Employees will be provided with a thirty (30) minute dufy-free lunch period.Employees who work four hours or more in a sin$le day will be provided with onefifteen-minute break.

E. When employees are requested by the principal to work through their fifteen minutebreak, lunch break, or before or after their ndrmal work hours, they will becompensated for this time worked at their hourly rate of pay subject to the provisions ofArticle VI(C) - Overlime.

F. The work year for Para-educator I and Para-educator II shall include the two (2) daysprior to the beginning of the student school year.

G. The School Department will assign special educatiod Para-educators to particularschools. The Principal of each school will assign special education Para-educators toparticular duties.

H. Building administrators shall allow employees to make up work time lost from delayedopenings within two weeks of the day the work time was lost. Canceled school days,not otherwise made up at the end of the year, may be made up prior to the end of theyear.

Article VIII - Senioritv

A. Accrual

For purposes of promotion, vacation, and other benefits to which the coveredemployee is otherwise entitled, an employee's senifrity shall be equal to his/her yearsof service or employrnent with the District in a pdsition covered by this Agreementunbroken by any of the reasons for termination of seniority specified in Section Cbelow. Accrual shall begin with, and years of service shall be based on theanniversary date of, the first duy of unbroken $ervice in the Rochester SchoolDepartment.

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Ability to Perform Work

Abilify to perform the job or work as uscapable of performing the work of theconcurrence by the Department Head.

Termination of SenioriQ

Seniority for all purposes shall be terminate

1. Voluntary quit.

2. Discharge for just cause.

3. Failure to report for work in accordance

4. Absence for three (3) consecutive woDistrict. The Superintendent may waivbasis, if he/she determines that extenuaprevented an employee from complyingemployee must use all reasonable effort

5. Failure to be recalled from layoff or return to ivork due to any non-occupationalconnected illness or accident for a period of twefve (12) months.

6. Retirement.

Employees Entering the Bargaining Unit

All employees entering the bargaining unit covered by this Agreement from any otherdepartment of the City will serve a probationary pbriod of ninety (90) calendar daysand will be considered as new employees.

SenioriQ List

B.

C.

D.

E.

The District shall establish and furnish to each covefed employee, a seniority list onceeach year in January. The seniority list will contain both classification and departmentseniority for each eligible employee. The employee with the greatest seniority shall belisted first. Any objections to the seniority lists, as posted and amended, must bereported to the deparlment head by February 15 or {t shall stand as accepted and shall

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take full force and effect.

F. Application of SenioriQ @ayoff and Recall)

With respect to layoff and recall, continuous servibe will be applicable providing theemployee is capable of performing the work in a satisfactory manner. An employee tobe laid off shall receive two weeks notice or pay in lieu thereof. Employees shall berecalled in the reverse order in which they were laid off. A person who is laid off shallmaintain his/her seniority for twenty-four (24) months. Employees who are eligiblefor recall shall be sent a recall notice by certified o[ registered mail and the employeemust notiff the department head within three (3) business days after receiving noticeof recall of his/her intention to return to work. The District shall be deemed to havefulfilled its obligations by mailing the recall notibe by certified or registered mail,return receipt requested, to the mailing address provided by the employee, it being theobligation and responsibility of the employee to prdvide the District with his/her latestmailing address. In any event, the employee must r€turn to work within two (2) weeksof the date specified.

Promotions and Transfers

1. The District reserves the right to make promotibns and transfers.

2. Job vacancies will be posted for five (5) workirig days in each school on a bulletinboard designated for such purpose and on the District's intranet. The District willsend written notice of such job vacancies to the building representatives of theFederation.

3. Promotions and transfers shall first be made fhom the ranks of qualified regularemployees who are employed within the classification in which the vacancyoccurs. If no qualified candidates are found within the classification, the vacancymay be filled by qualified employees within other classifications in the SchoolDepartment. If no qualified candidates are found within the School Department,the vacancies may be filled from other sources.

4. Job postings will include job specifications (where available), location, range ofpay, hours, if it is a permanent position with a permanent rating, and the date forclosing of applications.

5. An employee who meets minimum qualificatlons and is promoted to a higherlevel shall be placed in a probationary status nqt to exceed ninety (90) days in thehigher position. The employee shall periodicdlly be evaluated and informed ofhis/her progress. If an employee is not found to perform satisfactorily in thehigher level duties, he/she shall be reduced ir! status to the same classification,pay grade, and pay step and he/she had obtained prior to promotion.

G.

1l

H.

I.

6. An employee who is promoted or transferred to another classification will not loseaccumulated sick or vacation leave as a result of the reclassification.Additionally, the employee's seniority within the district will not be affected bythe transfer. An employee moving between cl{ssifications will be given credit forplacement on the salary schedule only for e>fperience directly related to dutieswithin the new classification.

Itro n - App I i c at i on of S eni o r ity Ri ght s W i th in C I a s s ifi ( at i on

Seniorify does not give employees any preference flor particular types of work withintheir job classification or to places of work, or equipment.

Probationary Period

The first one hundred and twenty (120) calendbr days of employment shall beconsidered a trial period to permit the District to determine a new employee's fitnessand adaptability for the work required, subject to a unilateral extension by the District.During such probationary period a newly hired eniployee shall not be subject to theprovisions of this Agreement. This Article shall apfly to persons who are rehired afterloss of seniority. In the event that the person gait'red this position as the result of apromotion, he/she shall be governed by the provisions of the Agreement. During theprobationary period, the probationary employee may be discharged at the solediscretion of the District and neither the reason nor {he discharge may be the subject ofa grievance, notwithstanding Paragraph G-5, abolye, which shall apply to existingemployees of the District.

Article IX - Compensation

A. Wage Scales and Step Plan

Covered employees will be paid in accordance wit{T the wage schedules contained inthis Agreement as Appendix B. All eligible employdes shall receive a step each year ofthe Agreement. Employees who were on Step l2-A during the2007-08 contractyearshall receive annual wage increases for each yaar of the contract equal to thepercentage applied to Step 12 of their grade.

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All bargaining unit employees shall anrregular hourly rate of pay, the following a

Minimum of an Associate's Degree; or eighty (80) credits: $0.75 per hour effectiveJuly I ,2008; $0.81 per hour effective July 1 ,2009.

B. Method of Salary Payment

All bargaining unit members except for employees Working more than forfy weeks peryear, shall have the option of being paid in twenty-two (22) payments per year or

To make an election, the employee must notify the pistrict in writing on a formprovided by the District that specifies the payment ainount and timing. The Districtmust receive this written election before the employ$e performs any services for theschool year in question. Such elections will be irrevbcable. If an employee does notsubmit an election, the employee will be paid in twehty-two (22) payments.

Employees will be paid for the actual hours worked in each pay period, or, if anemployee has a salary which is capable of being annualized (i.e. works a regularschedule), then pay may be pro rated into 26 pay periods. However, if an employee'shours change, then the pro-rated amount must change to reflect the actual number ofhours worked.

C. LongeviQ

All employees shall receive annual longevity pay fof ten to foufteen years of service ofseven hundred and fifty dollars ($750.00) and forf fifteen or more years of servicefifteen hundred dollars ($1500.00).

Longevity will be paid in a separate check onr or before December 1". Upontermination of employment, an employee shall receive longevity pro rated by thenumber of days longevity in that year calculated flom the first day of January to theday the employee terminates. The amount of longevity pay due an employee is basedon the year in which said longevity is accrued/earned.

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D. Anniversary Dates

For the purposes of placement on the salary schedule, partial years of experiencewhich exceed one-half year each and which are rela{ed to the assigned position, will becumulated to determine total experience to be firanted. If the remainder, aftercumulation, exceeds one-half year, this remaindei will be applied as one year ofexperience.

E. Perfect Attendance Incentive

Any covered employee with perfect attendance for tlre year, defined as no sick leave orpersonal leave usage, will receive an incentive bolus of $200. An employee who isregularly scheduled to work five (5) days per we0k may qualifz for this incentive.However, if such an employee does attain perfedt attendance as specified in thisSection, his/her incentive payment shall be pro-rated based on his/her hours of work tofull-time.

F. Paraprofessionals whose assignment includes workinfi with a child or children withsevere disabilities or intensive needs as defined by thb Director of Student Services andapproved by the Superintendent and the Union, shall [eceive an hourly stipend inaddition to their regular pay in the amount of $.75 per hour effective July 1, 2008,increased by the same percentage as the percentage increase in the base wage scale in2009 and 2010.

G. Employees designated as job coordinator shall receivb an hourly stipend in the amountof $3.50 effective July 1,2008, increased by the same percentage as the percentageincrease in the base wase scale in2009 and 2010.

Article X - Leaves

A. Pro-ration of Leave Benefits

For purposes of granting sick leave, personal leaveo and severance pay, full-time andpart-time employees shall be classified in the following tiers:

Tier I : 0 to 20 hours per weekTier 2:20 hours to 30 hours per weekTier 3 : 30 hours or more per week

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B. Sick Leave

1. Sick leave shall accumulate at the following ratbs:

a. Tier I employees will receive one day of siCk leave at their regular daily rate ofpay,to be awarded at the first day of the schbol year.

b. Tier 2 employees will accumulate sick leave at arate of one (1) day per monthduring the months that the employees are or{ dufy, accumulating to a maximumof sixty (60) days. The maximum accumul4tion of sick leave for an employeewho has moved from Tier 3 to Tier 2 shall bb the employee's sick accumulationor sixty (60) days whichever is greater as of fhe date of the change in Tiers.

c. Tier 3 employees will accumulate sick leaVe at a rate of one and one-fourth(1.25) days per month during the months that the employees are on duty,accumulating to a maximum of one hundred ten (110) days.

d. An employee who has accumulated his/hef maximum number of sick leavedays, and uses no more than his/her annual alllotment in a given year, will beginthe ensuing school year with the maximum apcumulation of sick leave days.

2. The Office of the Superintendent shall notifu each eligible employee of his/hertotal accumulated sick leave by October 15 of each year.

3. Up to three (3) sick days per year may be used by an eligible employee for thepurpose of caring for a family member. Additibnal days may be approved by theSuperintendent.

4. Eligible employees shall receive severance pa! equal to fifty percent (50%) oftheir unused and accumulated sick leave, at the per diem rate at which theemployee last earned, when retiring from the School District, (a) when applicationfor retirement has been made to the New Hampshire Retirement System, or (b) ifthe employee is not eligible for membership in the Retirement System because ofless than full-time employment status, when all other conditions for retirementSystem have been met.

5. A physician's signed statement of approval to feturn to work will be required forwho has been absent of his or hdr own illness for more than threeany employee

days.

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D.

C. Personal Leave

Personal leave days will be allowed for personal affairs provided that the leave will betaken for purposes which could not reasonably be accomplished on other than a schoolday. Approval of the Superintendent is requirtd and shall not be unreasonablywithheld. Said leave shall not be used to extend holidays or vacations except forextreme emergency situations. Leaves taken pufsuant to this section shall be inaddition to any sick leave to which a covered empldyee is entitled. Personal leave willbe non-accumulative and will be granted at the follqwing rates:

1. Employees in Tier 1 will receive no personal leave benefit.2. Employees in Tier 2 will be eligible for one (1) personal leave day per year.3. Employees in Tier 3 will be eligible for three (3) personal leave days per year.

granted for the peri$d of temporary disability due toresulting complications as certified by the employee'smay use any accrue$ sick leave during this period of

2. A temporary leave of absence, without pay,ma! be granted before and/or after theperiod of temporary disability by mutual consent of the employee and theSuperintendent.

3. Upon completion of the maternity leave, the efinployee will be reinstated to herformer or a comparable position in accordance With New Hampshire law and theFMLA, if applicable.

4. In the case of extended leave, benefits such as raises that would normally accrue toher shall not be withheld.

E. Parental Leave/FMLA Leave

Two days shall be granted to either a mother or father to spend with a newly adoptedchild or to a father upon the delivery of his natural dhild. Compensation for such dayswill be made possible by charging these days to the employee's sick leave. If theemployee does not have accumulated sick days, srich leave will be granted withoutpay.

Unpaid leave(s) of absence shall be granted to an! covered employee who qualifiesunderthe provisions of the Family and Medical Le4ve Act of 1993. Paid leave takenfor an FMLA purpose shall run concuffently with an employee's FMLA leave.

MaterniQ Leave

1. Maternify leave shall bepregnancy, childbirth orphysician. The employeetemporary disability.

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G.

F. Bereavement Leave

Bereavement leave shall be granted, upon request, when a death occurs in a permanentemployee's family in accordance with the following schedule:

l. Spouse or child: Five (5) work days from thd date of death excluding Saturday,Sunday and Holidays.

2- Father, Mother, Father-in-law, Mother-in-law, $irt.r, Brother, Grandchild, relativeor ward residing in the employee's household: Three (3) work days from the dateof death excluding Saturday, Sunday and Holidays.

3. Grandmother, Grandfather, Aunt, Uncle, Sistef/Brother-in-law, Son/Daughter-in-law: one (1) day for the purpose of attending tde funeral.

4. Leave to attend the funeral of any individual nofi listed above shall be granted onlyat the discretion of the Superintendent of Sch{ols and may be granted only onetime per year per employee.

5. Under extenuating circumstances as determinOd by the Superintendent, two (2)additional work days with pay may be granted {nder Section I ,2 or 3 with writtenapproval of the Superintendent.

Jury DUQ

An employee who is summoned and reports for jurJ, duty, as prescribed by applicablelaw, shall be paid by the District an amount equaito the difference between the amountof wages the employee otherwise would have earned by working during straight-timehours for the District on that day and the daily j$ry duty fee paid Uy ttre court oragency (not including travel allowances or reimburbement or expens"rj, fo. each dayon which he/she otherwise would have been scheduled to work foi the District.

In order to receive payment, an employee must give the District prior notice thathe/she has been summoned for jury duty and musi furnish satisfactory evidence thathe/she reported for or performed jury duty on the days for which he/she claims suchpayment. The provisions of this section are not applicable to an employee who,without being summoned, volunteers for jury dufy.

Professional Leave

With the prior approval of the Superintendent or his designee, covered employees maymake application for a total of two (2) days leave of [bsence with pay for attendance atprofessional meetings, conferences, conventions.

H.

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Except under extenuating circumstances, written application for professional leaveshall be received in the Superintendent's Office s{ven (7) school days prior to suchleave. The Superintendent may extend professionall leave upon a covered employee'srequest.

I. Vacation Leave

l. Vacation eligibility shall be dependent upon continuous service and employment asa full-time employee on a fifty-two (52) week ba$is. Annual vacation may be takenat one time or several days at a time with the fonsent of the supervisor. For thepurpose of this Article, one week shall be the equfvalent of five (5) days.

2. Vacation time shall be granted in the following increments:

6months-Iyear lWeekI through 4 years 2 Weeks5 through 9 years F.r . . . r . . . . . . . . . 3 Weeks10 or more years . t . . . . . . . . . . . . . . 4 Weeks

3. Vacation Procedures

a. The supervisor will determine the annual vacation schedule taking intoconsideration the best interest of the Department, the particular needs within theDepartment, and the desires of the individual employee.

b. Vacation schedules will be the responsibilif,,,,,,,,,,,,,,,y of the supervisor and the finalrequests for vacations should be completed bj, April I of each year. During themonth of March, employees may make application in writing for vacation timeoff. In the event that more employees apply for time off than can be sparedfrom the job at a given time, seniority will be the basis for resolving priority.Each employee will be given a written disposition of his/her request no laterthan May 1. Approved vacation time off will not thereafter be canceled orchanged without the mutual consent of the supervisor and the employee.

c. An employee who desires his/her full annrial vacation pay before going onannual vacation should notifu the payroll sup$rvisor at least twenty (20) days inadvance of his/her last working day.

d. If an employee terminates his/her service or takes an extended leave of absence,he/she will receive full pay for all accumulated annual vacation which he/shehas not taken. All unused vacation time shall be paid at the employee's regularstraight time base rate of pay when tl]r. employee terminates his/heremployment. Vacation time on the books, i{ an employee dies while workinsfor the District, will be paid to his/her estate.

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e. Employees may accrue untaken vacation leave for up to fourteen months fromthe end of the year in which it originated. After fourteen months, the accruedtime is forfeited.

J. Extended Leaves ofAbsence

1. Military leave without pay shall be granted to apy covered employee who is calledto active services as a member of the U.S. Armed Forces or who is in the Reservesor National Guard with no loss of employment iights.

2. Other leaves of absence may be granted rilithout pay with no loss of anyemployment rights upon recommendation of thel Superintendent.

Article XI - Holidays

The following dates shall be considered paid holidajrs for all full-time employees (full-time being defined as one who works 30 or more hoprs a week):

New Years Day Labor DayPresident's Day Columbus DayMartin Luther King Day Vetefan's DayMemorial Day Thanksgiving DayIndependence Day Day after ThanksgivingTeachers'Workshop ChriStmas Day

The following dates shall be considered paid holidays for all part-time employees whonormally are scheduled to work on those days:

Memorial Day Thanl<sgiving DayVeteran's Day Day after ThanksgivingColumbus Day Christmas DayLabor Day

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Article XII - Fringe Benefits

A. Pro-ration of Insurance Benefits

For purposes of health and dental insurance benefits,employees shall be classified in the following tiers:

full-time and part-time

Tier 1 : less than2} hours per weekTier 2: at least 20 but less than 30 hours pbr weekTier 3 : 30 hours or more per week

B. Health Insurance

Bargaining unit members shall be eligible for health insurance coverage provided byNew Hampshire Municipal Association (Anthem), which shall consist of a point ofservice plan and membership in a health maintenan]ce organization. Coverage shall beprovided with the following conditions regarding elilgibility and payment of premiums:

1. Effective through June 30, 2009a. Tier 1 employees may purchase health insur{nce at their own expense through

the District.b. Tier 2 employees shall be eligible for health insurance benefits, but the Board

will pay fifty percent (50%) of the premium paid by the Board for Tier 3employees.

c. Tier 3 employees working 30 or more hours per week will be eligible for healthinsurance benefits with eighty percent (80%) of the total premium being paidby the Board and the remaining twenty perceirt (20%) of the total premiumbeing paid by the employee.

d. The employee share of premiums shall be paid by the individual employeethrough payroll deductions.

e. Available coverages and claims procedures shall be reported annually tocovered employees.

f. Effective July l, 2008, the District shall offer employees the option to enroll adomestic partner in the medical and dental plpns offered to bargaining unitmembers, provided the employee and their d$mestic partner complete andsubmit the forms provided by the medical belrefits provider to establish theireligibility for insurance.

20

2. Effective July 1, 2009

a. Tier 1 employees working less than 20 hours per week, or Tier 2 employees withfour or less years of experience, may purchpse health insurance at their ownexpense through the District. Notwithstandidg the foregoing, employees as ofJune 30, 2009 eligible for benefits under the Panagraph B.l. above may elect thosebenefits.

b. Tier 2 employees working at least 20 but less than 30 hours per week, with five tonine years of experience, shall be eligible for hQalth insurance benefits, with eightypercent (80%) of the one-person premium ol forfy percent (40%) of the two-person premium being paid by the Board. Notwithstanding the foregoing,employees as of June 30, 2009 eligible for benefits under the Paragraph B.1. abovemay elect those benefits.

c. Tier 2 employees working at least 20 but less tfran 30 hours per week, with ten ormore years of experience, shall be eligible for health insurance benefits witheighty percent (80%) of the two-person premium or forty percent (40%) of thefamily premium being paid by the Board. Notwithstanding the foregoing,employees as of June 30, 2009 eligible for benefits under the Paragraph B.1. abovemay elect those benefits.

d. Tier 3 employees working 30 or more hours pdr week shall be eligible for healthinsurance with eighty percent (80%) of the total premium being paid by the Boardand the remaining twenty percent (20%) of thd total premium being paid by theemployee.

e. The employee share of premiums shall be paid by the individual paraprofessionalthrough payroll deductions.

f. Available coverage and claims procedures shall be reported annually to coveredemployees.

g. The District shall offer employees the option to enroll a domestic partner in themedical and dental plans offered to bargainling unit members, provided theemployee and their domestic partner complete and submit the forms provided bythe medical benefits provider to establish their eligibility for insurance.

Dental Insurance

Bargaining unit members shall be eligible for dedtal insurance coverage under thesame plan granted to the RFT Teachers Bargaining Unit with the following conditionsregarding eligibilify and payment of premiums:

l. Tier I employees may purchase dental insurance at their own expense through theDistrict.

C.

2l

2. Tier 2 employees shall be eligible for dental insurance benefits, but the Board willpay fifty percent (50%) of the premium paid by fhe Board for Tier 3 employees.

3. Tier 3 employees will be eligible for dental indurance as provided in the contractwith RFT for full-time teachers.

4. Additional or expanded dental benefits will be providedemployee paying the increased cost in premiuins above(Plan V) District paid benefit.

as plan options with thethe 100% single person

D. Life Insurance

All full-time employees shall be provided at no cost to the employee with a $5,000 lifeinsurance policy effective on the same date he{lth insurance coverage becomeseffective.

E. Workshop Reimbursement

The Board will pay l00o/o of the costs of approvedl workshops up to a maximum percovered employee per school year of two hundred fifty dollars effective July 1,2008.Workshops shall be approved in advance by the Suflerintendent. Reimbursement shallbe made within thiffy (30) days of submission of a dertificate of successful completionof the workshop. The Board agrees to pay the costs of all workshops required by it ifthe affected employee has already exhausted his/her allotment.

If the approved workshop occurs on a scheduled work day for the employee or if theBoard requires the employee to attend a workshop on a non-scheduled day, theemployee will be paid his/her regular or overtime fate, as appropriate, in addition tothe reimbursement for workshop costs.

F. Course Reimbursement

The District agrees to provide the annual surrl of eighteen thousand dollars(S18,000.00) for 2008-09, twenty-two thousand dollars ($22,000.00) for 2009-10, andtwenty-four thousand dollars ($24,000.00) for 2010-l I for the purpose ofreimbursement of tuition cost for courses which, in the opinion of the Superintendentor designee, are both job-related and of benefit to the District. Distributions will bemade in three approximately equal sums each year, to coincide with Fall, Winter andSummer college semesters, and shall be on a first-come/first-served basis to allbargaining unit members who are in active employnl,rent and who make application forthe benefits and who have received the prior approval of the Superintendent. Approvalfor more than one (l) course per year shall be consfldered and approved only after allfirst time applications for that contract year have bden granted, with the exception of

22

those Para-Educators enrolled in an approved degree program. Para-Educators

enrolled in a degree program may have a maximurpr dollar amount approved equal to

the cost of eight (8) credit hours from Granite State College. Payment will be made on

the furnishing of written evidence of satisfactory colnpletion of the course with a grade

of B- or better. In the event an employee receivihg education reimbursement under

this Article leaves the employ of the District on a voluntary basis within one year of

completing the course, the tuition reimbursement ppid to the employee by the District

will be deducted from the employee's last paycheck at separation. Employees may not

utilize these funds during their first year of employrhent.

In addition to the amounts allocated above, the District shall provide at no cost to

employees hired on or before January 1,2005, the {recessary local non-degree training

programs to offer these employees the oppoqtunify to meet the certification

requirements under Title I, IDEA and NCLB wiih the necessary timetables. Such

programs shall be available to other bargaining unit members if space is available after

all employees for whom certification is required urider Title I, IDEA and NCLB have

been accommodated.

G. Annual State Paraprofessional Conference

Up to fifteen percent of the total paraprofessional straff may attend each Statewide

Professional Conference, designated by the Federation, for the appropriate job

classification. Approval for attendance will be distfibuted as equally as reasonablypossible among the schools and buildings in the district to minimize the need for

substitutes in any single building.

H. Upon the prior approval of the Superintendent, employees shall be permitted to attend

relevant training provided on teacher workshop days and receive his/her regular daily

rate of pay.

Article XIII - Grievance Procedure

A. Definition

A grievance is a claim by any covered employee 04 group of covered employees thatthere has been a misinterpretation or violation of any provision or practice of thisAgreement.

B. General Provisions

1. All time limits specified in this article shall mean school days. Time limitsindicated hereunder are maximum unless extendbd by mutual agreement.

23

2. All such agreements to extensions must be in furiting. Grievances pending at theend of the school year shall be resolved expeditiously and prior to the end of thecontract year unless deferred by mutual agreemdnt.

3. The Board shall have the right to representation of its own choosing.

4. The individual grievant shall havechoosing excluding representationother employee organization.

5. A grievance will be heard other thanteaching day or hours.

the right tq representation of his or her ownby a membdr, an agent or an employee of any

during the covered employee's normal

6. The Board and/or the covered employee will inake available upon request suchrecords or other documents which the aggrieved and the Board agree are pertinentto the processing of the grievance.

7. All documents, communications and records dealing with the processing of thegrievance shall be filed separately from the regular personnel files.

8. Failure at any Grievance Level to communicatb the decision within the specifiedtime limits to the grievant(s) or the Federation President will result in proceedingto the next level.

9. A grievance may be submitted directly to the fevel having adequate authority toresolve the issue grieved.

C. Grievance Procedure

I4formal Level

Before beginning the grievance procedure at Level 1, the covered employee shalldiscuss the problem with the individual concerned and try to resolve the conflict.

In order to encourage and allow the resolution of $rievances at the informal stage, agrievant will be granted l5 days from the date of thE action or from the grievant's firstknowledge of the action or condition on which the grievance is based to present theformal grievance at Level 1.

Level I - Principal or Supervisor

A grievant with a grievance shall present it on Form A - Grievance, Schedule 5, to hisimmediate supervisor who shall respond to said grie{ance and provide the rationale forhis decision in writins within 5 days.

z+

Level 2 - Superintendent

If the grievance has not been resolved to the satipfaction of the grievant(s) and theFederation, the covered employee or the federatioh may within 10 days of receipt ofthe decision at Level I present it in writing to the Sfperintendent. Within five (5) daysafter receiving a grievance, the Superintendent shall meet to resolve and respond to thegrievance with the grievant and the Federation's ret'resentative(s). The superintendentshall respond to said grievance and provide the rationale for his decision within l0days following the submission atLevel2.

Level3-SchoolBoard

If the grievance is not resolved to the satisfaction of the grievant(s) and the Federation,the grievant(s) or the Federation may, within 10 dajs of receipt of the decision at Level2, submit the grievance in writing to the Board. Within l0 days after the receipt of thegrievance a majority of the Board shall meet with the grievant(s) for the purpose ofhearing the arguments of the parties involved. Within 8 days after said meeting thechairman of the Board shall respond to said grievanbe and provide the rationale for theBoard's decisions.

If the grievance is not resolved to the satisfaction of the Federation at Level 3, theFederation may within 15 days of receipt of the decision submit the grievance toarbitration for a final and bindins resolution.

Arbitration

Arbitration shall be conducted through an impartial Arbitrator selected in accordancewith the Voluntary Rules of the American Arbitratiorr Association.

1. Either parfy ffidy, if it desires, be represented by counsel.

2. Hearings and post-hearing activities shall be donducted in accordance with theVoluntary Labor Arbitration Rules of the American Arbitration Association. Thedecision of the Arbitrator shall be the final and bindins.

3. A request for arbitration shall state in reasonable detail the specific nature of thedispute and the remedy requested. The disflute as stated in the requestarbitration shall constitute the sole and entire subiect matter to be heard byArbitrator.

forthe

25

The Arbitrator shall issue his/her decision not trater than 30 days from the date ofthe close of the hearing, or, if oral hearings haVe been waived, then from the dateof transmitting the final statements and proofs tp the Arbitrator. The decision shallbe in writing and shall set forth the Arbitratdr's opinion and conclusion on theissue submitted. The decision of the ArbitratQr shall be final and binding. Bothparties agree that the Arbitrator's decision shall hot represent a precedent.

Both parties agree that the Arbitrator shall be pfohibited from modiffing or addingto this Asreement.

6. The costs of the arbitrator shall be paid as follorlvs:

a. The Board and the Federation shall eacllr pay one-half of the cost of thearbitrator for each of the first three (3) arbi{rations during each contract year;

b. In subsequent arbitrations, the loser will ppy sixty percent (60%) of the costsand the winner pay forty percent (40%) of the costs for the arbitrator.

7. The parties agree that the Arbitrator shall not hear or have jurisdiction over thenegotiations or terms of a successor agreement.

Article XIV - Entire Agreement

A. The parties acknowledge that during the negdtiations which resulted in thisAgreement, each had the opportunity to make demands and proposals with respect toany subject or matter not removed by law fiom the area of collective bargaining, andthat the understandings and agreements arrived at by the parties are set forth in thisAgreement. Therefore, the Board and the Fedleration for the duration of thisAgreement, each waives the right, and each agrees that the other shall not be obligatedto bargain collectively with respect to any subject or matter not specifically referred toor covered in this Agreement. This Agreement may only be amended during its termby the parties'mutual agreement in writing.

B. No covered employee shall, as a result of the exectrtion of this agreement, suffer theloss or reduction of any benefit now enjoyed by hirrl/her. Benefits are to be defined asthose practices having been conducted with the knowledge and authority of theemployer.

4.

5.

26

Article XV - Negotiations Procedure

A. The parties agree to bargain in compliance with RSA 273:A.

B. This Agreement constitutes notice to the Rochestqr School Board of the Federation'sintent to negotiate for a successor agreement. It is agreed that negotiations will beginno later than March 15 in the final vear of the contrdct.

Article XVI - General Provisions

A. Copies of the Agreement

The Board will provide a camera-ready copy of the Agreement. The Federation willprint and distribute copies of the Agreement to edch employee. Cost of printing theAgreement will be split by the Federation and the Soard. The Board agrees to providecopies of this Agreement to all new employees upon their hiring.

B. Existing Laws and Regulations Preserved

The rights and benefits of persons provided herein dre in addition to those provided byState or Federal law, rule or regulation, including without limitation all applicablecontinuing contract, pension, or education laws and regulations.

C. School Board Policies

1. This Agreement constitutes School Board polidy for the term of said Agreement,and the School Board shall carry out the commitments contained herein and givethem full force and effect as School Board pdlicy. The Board shall amend itsregulations and take such other action as may be necessary in order to give fullforce and effect to the provisions of this Agreerrient.

2. All rules and regulations governing covered etnployees shall be interpreted andapplied equitably throughout the District.

D. Saving Clause

If any provision of the Agreement is subsequently declared by legislative or judicialauthority to be unlawful, unenforceable, or not in accordance with applicable statutes,laws, ordinances and regulation of the United Stated of America and the State of NewHampshire, all other provisions of this Agreement shall remain in full force and effectfor the duration of this Agreement and the parties shall meet as soon as possible toagree on a substitute provision.

a1LI

IN $ITNESS WHEREOF, the parties have heretoot lthruma-zO0 q.

dRochester Federation of Tdachers

rll"this Agreement this S day

r Schnol Board

M"\-

Appendix A

Rochester School DistfictDues Deduction Authorizatibn Form

Name

I hereby authorize the Rochester School District to withhold from my salary, Federation dues inan amount to be certified by the Treasurer of the Rochester Federation of Teachers,acknowledging that the amount of dues may increase at timds subsequent to the authorization, andthis authorization shall be a continuing authorization for sucfr dues deductions.

The sums thus to be deducted over the period of one year, (twenty-two pay periods, twenty-sixpay periods, or other arrangement as permitted by the Mastgr Agreement) are hereby assigned byme to the Rochester Federation of Teachers, and are to be remitted by the Rochester SchoolDepartment to the Treasurer of the Federation. Having done so, the District shall be held harmlessfrom any claim(s) in connection with the provisions of this authorization and Master Agreementterms. It is further agreed that the District assumes no finahcial liability except to forward, on amonthly basis, those funds which have been properly authofized and deducted the last day of thepreceding month.

This authorization and assignment shall continue in full forcf and effect from year to year unless Inotify the Office of the Superintendent and the Rochester Federation of Teachers' Treasurer inwriting between June 1 and September 1, to cease deductions for the coming year.

Signature: Dhte:

Home Address:

Cify: State: zip: Phone #: ( )

Employee #

Position:

Social Security #:

School:

(oPTroNAL)Home e-mail address:

29

2009-10 (1.03

APPENDIX BParaprofessional Wage Grid

200E-09 (1.135) Plus $.75 w/Associates ree or hisherYrs. of

Experience SEC 1 SEC 2 BK2Para-

Educator IPara-

Educator 20 l l . l l 12.60 13.83 10.65 11.471 t t . t4 12.61 13.85 t0.67 r1.492 t t . t7 12.6s 13.88 t0.7 t t l .523 1 1.36 12.82 t4. t4 10.88 t1.574 I 1.55 13.07 t4.39 l t 1l I 1.865 1r.76 13.33 t4.63 r t . t4 12.126 lt.94 13.58 14.86 t2.367 12.13 13.82 r5.12 12.468 t2.33 14.06 15.38 t2.679 t2.50 t4.31 15.67 t2.9310 12.72 14.59 15.92 t3.39il 12.90 t4.82 16.10 14.25t2 t3.59 t5.67 r 6.86 15.54

T2A 16.22

lu (1. Plus $.Ul w/Associates De orh erYrs. of

Experience SEC 1 SEC 2 BK2Para-

Educator IPara-

Educator 20 11.44 12.97 t4.24 t0.97 11.81I t t .47 t2.98 14.26 10.99 1 1.832 I 1.50 13.03 14.30 1 1.03 I 1.87aJ t t .71 t3.21 14.56 lt .20 11.924 1 1.90 13.46 14.82 11.44 12.225 t2.11 13.73 15.07 11.47 12.486 t2.30 13.99 15.31 t2.737 12.49 14.23 15.57 12.848 12.70 14.48 15.84 13.0s9 12.88 t4.74 16.t4 13.3110 13.10 t 5.03 16.40 13.7911 13.28 t5.27 16.59 14.68I2 14.00 16.14 17.37 16.00

12A 16.71

30

APPENDIX B cont.Paraprofessional Wage

2010-11 (1.93) Plus $.Sf WAssociates Desree or hj

lrid

herYrs. of

Experience SEC 1 SEC 2 BK2Para-

Educator 1Para-

Educator 20 11.78 t3.36 t4.67 I 1.30 12.t7I 11.81 13.37 14.69 11.32 12.192 l 1.85 13.42 14.72 r t .36 12.22aJ 12.06 13.60 15.00 t1.54 12.284 12.25 t3.87 15.26 r1.78 12.585 12.47 14.14 15.53 I 1.81 12.866 12.67 r4.41 t5.77 13.117 t2.87 r4.66 16.04 13.228 13.08 14.91 16.32 t3.449 13.26 15. 19 16.62 13.71t0 13.49 15.48 16.89 14.21l1 13.68 15.72 17.09 15.12I2 14.42 16.62 17.89 r6.48

t2A 17.21

31

Index

Layoff and recal l . . . . . . . . . . . . . .11Leavd benefits, proration of............. 14Life ihsurance... . . . . . . . . . . . . . . .22Long$vity . . . . . . . . .13Lunch period, duty -free . . . . . . . . . . . . . . . . . . . .9Manafiement Rights ...........4Materir i ty leave .. . . . . . . . . . . . . . .16Negotf lat ions procedure.. . . . . . . . . . . . . . . . . . .27Non-dliscrimination ............4Normdl hours of work.. . . . . . . . . . . . . . . . . . . . . . . 8Notifipation of employment status ....8Off i ceh attendance... . . . . . . . . . . . . . . . . . . . . . . . . . . .3Overt i lne . . . . . . . . . . . .5Overt ipne pay . . . . . . . . . . . . . . . . . . . . .6Paraprbfessional conferenc e ............23Parentbl leave.. . . . . . . . . . . . . . . . . .16Part-t iqne employees .. . . . . . . . . . . . . . . . . . . . . . . . . 8Part-tirtne positions .............9Perfect attendance incentive ............14Personal leave . . . . . . . . . . . . . . . . . .16Personnel f i Ie. . . . . . . . . . . . . . . . . . . . .6Placerdent on salary schedule ............7Post in$s . . . . . . . . . . . .11Preamble . . . . . . . . . . . .3Probationary period .........12Probatibnary status ..........12Prograrns and curr iculum... . . . . . . . . . . . . . . . .5Promotions and transfers ................. I IResolut ion of Dif ferences .. . . . . . . . . . . . . . . . .4Salary payment . . . . . . . . . . . . . . . .10Salary schedule, Placement on ..........7Saving blause .. . . . . . . . . . . . . . . . . .27School Board Po1ic ies. . . . . . . . . . . . . . . . . . . . . .27School funds . . . . . . . . . . . . . . . . . . . . . .8Senior i (y l is t . . . . . . . . . . . . . . . . . . . . .10Seniori f f , Accrual of. . . . . . . . . . . . . . . . . . . . . . . . . .9Seniori t ly, Termination of . . . . . . . . . . . . . . . . 10Severanlce pay . . . . . . . . . . . . . . . . . .15Sick leave . . . . . . . . .15Sick leave for family ........15

- 32-

VV

w

- 33-

WageWorkWork

, Restructuring of ...............8

hop reimbursement. ...............22Wri