COLCHESTER BOE _ Nurses MOA re COVID19 closures (3.24.2020).DOCX-2

MEMORANDUM OF AGREEMENT

                                         BETWEEN

                       THE COLCHESTER BOARD OF EDUCATION

                                            AND

                   THE COLCHESTER BOARD OF EDUCATION NURSES
                     UNITED PUBLIC SERVICE EMPLOYEES UNION
                               LOCAL 424 - UNIT 54


This Memorandum of Agreement (“MOA”) is made between the Colchester Board of
Education (“Board”) and UPSEU, Local 424-Unit 54, Colchester Board of Education Nurses
(“Union”), collectively referred to as the “Parties,” regarding school closures related to the
COVID-19 health emergency.

WHEREAS the Board and Union are parties to a collective bargaining agreement with terms
covering the period of July 1, 2019 through June 30, 2023, (“CBA”); and

WHEREAS, the parties understand and acknowledge that, during the 2019 school year,
schools in the Colchester Public Schools have been closed for a period of time, and during a
period in which school otherwise would have been in session, for reasons related to the
COVID-19 health emergency, and that further closure(s) may be directed by the Board
and/or the Superintendent or by an authority outside the Board (“School Closure”).

NOW THEREFORE, the parties agree as follows:

1. During the School Closure, ​Union employees (collectively, “Employees” and each an
   “Employee”) shall, if so directed by the Superintendent and/or his designee(s) (the
   “Administration”), perform work for the Board (“Closure-Related Work”). The
   performance of Closure-Related Work shall not cause any Employee to work ​more than
   the total contracted number of work days (184 days) set forth in the parties’ CBA.

2. The Administration may direct certain Employees to perform Closure-Related Work
   and not others. The Administration will notify Employees of their assignment for any
   Closure-Related Work, which may differ from Employees’ assignments prior to the
   School Closure.

3. As determined by the Administration in consultation with any applicable health
   officials, school buildings may be open for Closure Related Work. Employees shall

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   perform Closure-Related Work in an open school building if directed to do so by the
   Administration, subject to any applicable exceptions as determined by the
   Administration (​e.g.​, exceptions related to the health of the Employee, students, and/or
   the school community).

4. Employees working from a remote location shall be available to fulfill such work
   including training(s), meetings and other work required or assigned by the
   Administration for a period of time not to exceed the length of the regular work day.

5. In the event an Employee is absent from any assigned Closure-Related Work, the
   Employee shall report such absence(s) through normal means and the contractual
   requirements and restrictions relating to such absence(s) shall apply.

6. Employees shall be paid their anticipated annual base compensation in accordance with
   the CBA for the period of July 1, 2019 through June 30, 2023 (the “Contract”) and shall
   not earn additional compensation for any Closure-Related Work.

7. All provisions of the Contract shall remain in effect except to the extent such provisions
   have been modified for the 2019-20 fiscal year by this MOA.

8. This MOA shall expire upon completion of the 2019-20 school year.

9. Notwithstanding the foregoing, the Board and the Union agree that they may revisit the
   terms of this MOA in the future if circumstances related to the COVID-19 health
   emergency and/or its impact on the Board change or otherwise evolve following the
   execution of this MOA by both parties.

10. The Parties agree this MOA relates to the unique circumstances of this situation, applies
    only to this situation and shall not be cited as a past practice or precedent in any
    proceeding whatsoever except to enforce the terms of this MOA.

11. The Parties agree that this MOA may be shared with members of the bargaining unit
    and/or the employer’s administrators and/or supervisors.

For the Union                                     For the Board


Kristen Sweet                                     Jeffrey Burt
UPSEU Attorney/Labor Relations Rep                Superintendent
Date:                                             Date:




Cindy Noniewicz

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Unit President
Date:




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