Colchester, Connecticut

3.1_Colchester_BOE_Office_Professionals_Contract_2019-2021

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contract / agreement FY 2020-21 District legacy file archive 2021-05-09

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AGREEMENT

                                    BETWEEN

                    THE COLCHESTER BOARD OF EDUCATION

                                       AND

            THE COLCHESTER FEDERATION OF EDUCATIONAL PERSONNEL

                        LOCAL #1303-450 OF COUNCIL 4,
                             AFSCME, AFL-CIO

                           (OFFICE PROFESSIONALS)


                         July 1, 2019 through June 30, 2021




7696118v1
6/5/19
                                         TABLE OF CONTENTS

                                                                                                                   PAGE
ARTICLE I              RECOGNITION ................................................................................ 1

ARTICLE II             BOARD’S PREROGATIVES ...........................................................                   1

ARTICLE III            NON-DISCRIMINATION ................................................................                2

ARTICLE IV             WORKING CONDITIONS ...............................................................                 3

ARTICLE V              LEAVES OF ABSENCE ...................................................................              4

ARTICLE VI             SENIORITY ......................................................................................   8

ARTICLE VII            PERSONNEL FILES .........................................................................          9

ARTICLE VIII           GRIEVANCE PROCEDURE ............................................................ 10

ARTICLE IX             UNION RIGHTS ............................................................................... 12

ARTICLE X              CONDITIONS OF EMPLOYMENT ................................................ 13

ARTICLE XI             FRINGE BENEFITS ......................................................................... 13

ARTICLE XII            SAVINGS CLAUSE.......................................................................... 16

ARTICLE XIII           MISCELLANEOUS .......................................................................... 16

ARTICLE XIV            DURATION....................................................................................... 17

ARTICLE XV             RETIREMENT PLAN ....................................................................... 17

ARTICLE XVI            LONGEVITY .................................................................................... 17

ARTICLE XVII           SALARY SCHEDULES ................................................................... 18

                       SIGNATURE PAGE ......................................................................... 19

APPENDICES A-C INSURANCE PROGRAMS.............................................................. 20
                             AGREEMENT
                               BETWEEN
                 THE COLCHESTER BOARD OF EDUCATION
                                  AND
          THE COLCHESTER FEDERATION OF EDUCATION PERSONNEL
                    LOCAL #1303-450, AFSCME, AFL-CIO
                       (OFFICE PROFESSIONALS)

THIS AGREEMENT IS MADE AND ENTERED INTO by and between the Colchester Board
of Education of the Town of Colchester (hereinafter referred to as the “Board”) and the
Colchester Federation of Educational Personnel, Local #1303-450 of Council 4, AFSCME, AFL-
CIO (hereinafter referred to as the “Union”).

       WHEREAS, Connecticut law recognizes the procedure of collective bargaining as a
peaceful, fair and orderly way of conducting relations between municipal employees and their
employer, and

        WHEREAS, the office professionals employed by the Colchester School System selected
as their sole representative the Union, resulting in the Union becoming exclusive bargaining
representative for all office professionals in the unit, and

        WHEREAS, the Board and its designated representatives have met with representatives
of the Union and have fully considered and discussed amongst themselves, salary schedules,
working conditions, personnel policies and other conditions, relative to employment, it is agreed
as follows:

                                          ARTICLE I
                                        RECOGNITION

        The Board recognizes the Union as the exclusive bargaining representative for all office
professional employees, excluding employees in such classification who work less than twenty
(20) hours per week, and excluding the secretary to the Superintendent of Schools, the HR
Coordinator and all others excluded by MERA, for the purpose of negotiating with respect to
salary, fringe benefits and conditions relative to employment.

                                      ARTICLE II
                                 BOARD’S PREROGATIVES

        It is recognized that the Board has and will continue to retain, whether exercised or not,
the sole and unquestioned right, responsibility and prerogative to direct the operation of the
public schools in the Town of Colchester in all its aspects, including but not limited to the
following:

       to maintain public elementary and secondary schools and such other educational
       activities as in its judgment will best serve the interests of the Town of Colchester;

       to give the children of Colchester as nearly equal advantages as may be practicable;

       to decide the need for school facilities;

                                                   -1-
       to determine the care, maintenance and operation of buildings, lands, apparatus and other
       property used for school purposes;

       to determine the number, age and qualifications of the pupils to be admitted into each
       school;

       to employ, assist and transfer school employees;

       to suspend or dismiss school employees in the manner provided by statute or board
       policy;

       to designate the schools which shall be attended by the various children within the Town;

       to make such provisions as will enable each child of school age residing in the Town to
       attend school for the period required by law and provide for the transportation of children
       wherever it is reasonable and desirable;

       to prescribe rules for the management, studies, classification and discipline for the public
       schools;

       decide the textbooks to be used;

       to make rules for the arrangement, use and safekeeping of the school libraries and to
       approve the books selected therefore and to approve plans for school buildings;

       to prepare and submit a budget to the Board of Finance and, in its sole discretion, expend
       monies appropriated by the Town for the maintenance of the schools, and to make
       transfers of funds within the appropriate budget as it shall deem desirable.

These rights, responsibilities and prerogatives are not subject to delegation in whole or in part,
except that the same shall not be exercised in a manner inconsistent with or in violation of any of
the specific terms and provisions of the Agreement. No action taken by the Board with respect
to such rights, responsibilities, and prerogatives, other than as there are specific provision herein
elsewhere contained, shall be subject to the grievance and arbitration provisions of this
Agreement.

                                       ARTICLE III
                                   NON-DISCRIMINATION

The Board agrees to continue its policy of non-discrimination against any employees on the basis
of any Federal or State of Connecticut protected class, including race, color, national origin, age,
sex or marital status, religion, sexual orientation, ancestry, disability, pregnancy, genetic
information, gender identity or expression, veteran status or membership or participation in, or
association with, the activities of any employee organization, except in the case of a bona fide
occupational qualification. Complaints under this Article are excluded from the grievance
arbitration procedure in this contract. (Article VIII Step 3, A)


                                       ARTICLE IV
                                   WORKING CONDITIONS
                                           -2-
A.   Work Year:

     1.     The work year for employees will be two hundred and sixty (260) days per year.

B.   Work Hours:

     1.     Employees shall be paid for hours worked. Any work performed above forty (40)
            hours shall be paid at one and one-half (1½) times the hourly rate.

     2.     If, in his or her discretion, the Superintendent releases employees early or permits
            a late start to the work day because of inclement weather or other good cause,
            such employees shall receive compensation for the hours they were otherwise
            scheduled to work.

     3.     The regular work hours for employees will be eight (8) hours per day.

     4.     Vacancies directly caused by the creation of new positions, death, retirement,
            resignation or any other severance from employment shall be posted for (5) days
            on the district’s website prior to making an appointment. However, the Board
            reserves the right to make interim appointments. The senior most qualified
            applicant to the position shall be appointed. Qualifications shall be determined by
            the Superintendent, whose judgment shall be final and binding. The Union
            President shall be notified electronically of all appointments, when filled.

     5.     The Board may schedule professional development related to position
            responsibilities for employees and require employees to attend and participate in
            such sessions. When such required sessions occur beyond the employee’s
            regularly scheduled hours, employees will be compensated.

C.   Every employee represented by this Agreement will be given a duty-free lunch period of
     not less than thirty (30) minutes incorporated within the above designated work day, the
     scheduling of which is approved by the employee’s supervisor.

D.   Tentative Assignments:

     Employees should be notified in writing of their tentative assignment for the next school
     year on or about June 1st. Any change(s) made in the table of organization by the Board
     that leads to the elimination of positions within the bargaining unit shall be subject to
     discussion with the Union at least two (2) weeks prior to the contemplated change(s).

E.   Employee Protection:

     The Board shall protect and save harmless any employee from financial loss or expense,
     including legal fees and costs, if any, arising out of any claim, demand, suite or judgment
     by reason of alleged negligence or other act resulting in bodily injury to or death to any
     person or damage to or destruction of property within or without the school building,
     provided such employee at the time of the occurrence resulting in injury, damage or
     destruction was acting in the discharge of duties within the scope of employment or under

                                             -3-
       the direction of the Board as set forth in Connecticut General Statutes §10-235. This
       section is for informational purposes only.

F.     Probation:

       New employees shall serve a probationary period of seventy-five (75) working days
       which do not include days missed because of illness or other leave, and shall have no
       seniority rights, retirement contribution or paid leave (other than sick or bereavement
       leave) during this period, but shall be subject to all other provisions of this agreement,
       except the right to grieve any disciplinary matters through the grievance procedure. All
       employees who have completed the probationary period shall acquire length of service
       records as of the date of their initial employment as a member of the bargaining unit.

G.     Just Cause:

       No employee shall be suspended or discharged without just cause. Objections to earlier
       written or verbal discipline may be raised at the time of suspension or discharge.


                                        ARTICLE V
                                    LEAVES OF ABSENCE


Sick Leave:

Every regular employee will receive sick leave of eighteen (18) days a year the basis of one and
one half (1½) days per month accumulated up to one hundred thirty (130) days. Justification of
excessive absenteeism may be required by the immediate supervisor. No more than six (6) sick
leave days per year may be used for the care of a member of the immediate family, defined as
spouse, parent, brother, sister, child, grandparent, or grandchild. Sick leave must be taken in one-
quarter (1/4), one-half (1/2) or full day increments.

Childbirth:

Absence for spouse for birth or adoption of child not to exceed two (2) days in any school year.

Personal Leave:

A.     Members of the bargaining unit will be allowed a maximum of four (4) personal days
       without loss of pay per year. It is understood that all four (4) days are granted only for
       matters of pressing personal needs which cannot otherwise legitimately be performed
       outside the working/teaching day. Personal leave must be taken in one-quarter (1/4),
       one-half (1/2) or full day increments. The reasons for which personal days are granted
       are:
       1.      A death of a close friend or a relative other than those individuals listed below in
               the section pertaining to bereavement leave.

       2.      An emergency which arises over which the employee has no control;


                                                -4-
       3.      Legal business;

       4.      Wedding within the employee’s immediate family (immediate family for the
               purpose of this subsection shall be defined as son, daughter, mother, father, sister,
               brother, in-laws, grandparent, or grandchild);

       5.      Religious holidays.

       6.      Up to two (2) days for which no specific reason is required to be given.

       7.      Graduation of an immediate family member (immediate family for the purpose of
               this subsection shall be defined as spouse, parent, brother, sister, in-laws, child,
               grandparent, or grandchild).

B.     When an employee notifies the building administration of his or her intent to use a
       personal day, he/she will indicate for which of the seven (7) reasons, in Paragraph A
       above, the day is being taken.

C.     Except in cases of emergency, notice shall be given to the building principal at least
       forty-eight (48) hours in advance.

D.     All personal days, including funeral leave as set forth in section A.1. above, shall not
       exceed four (4) days per year.

E.     In order to help ensure continuity for students, personal leave shall normally not be
       granted on the last day before a school holiday or vacation period or on the first day of
       school after a holiday or vacation period. Exceptions to this rule shall be made for
       emergencies that arise over which the employee has no control and may be made for
       extenuating circumstances as determined by the Superintendent.

Bereavement Leave:

In addition to personal leave, each employee shall be entitled to absence with full salary not to
exceed four (4) days for the death of any member of the immediate family. Immediate family for
the purpose of this subsection shall be defined as spouse, child, parents, parents of current
spouse, grandparents, grandchildren, brothers, sisters, and any relation who resides in the
employee's household.

Jury Duty:

An employee shall be entitled to full pay at current base rate for absence due to jury duty
provided that reimbursement for same and regular pay together does not exceed the employee’s
regular wage. The employee shall give adequate notice of jury call to his or her supervisor.

Holidays:

Employees are entitled to the following paid holidays provided that school is not in session. If
school is held on a holiday, the Board shall provide a floating holiday in its place as is scheduled
by mutual agreement between the employee and the Superintendent or his/her designee, between
the date of the holiday and June 30th. During the first year of employment, to be eligible to take a
                                                -5-
floating holiday as a floating holiday, an employee must be employed by the Board prior to the
holiday in question. In the event that an employee is not able to reach an agreement about the
scheduling of the floating holiday with the Superintendent or his/her designee due to the
administration’s denial of floating holiday requests, the employee will be permitted to take the
floating holiday on a date to be scheduled prior to July 31st of the succeeding contract year.
               New Year’s Day                         Labor Day
               Martin Luther King Day                 Veterans’ Day
               Presidents’ Day                        Columbus Day
               Good Friday                            Thanksgiving Day
               Memorial Day                           Day after Thanksgiving
               Independence Day                       Christmas Day
                                                      Day before or day after Christmas

The Board shall also provide employees with a paid holiday on any day declared a holiday by
state or federal decree or statute and school is not thereby in session.

Vacations:

Employees shall be given vacation at their base rate on the following basis:

       1.      An employee who has completed one year of service shall be entitled to a
               vacation of ten (10) working days annually.

               *An employee who has completed six (6) months of service may receive an
               advance of vacation leave of up to five (5) working days, to be taken from the ten
               (10) working days’ vacation leave benefit available during the second year of
               service.

       2.      an employee who has completed five (5) years of service shall be entitled to a
               vacation of fifteen (15) days annually.

       3.      an employee who has completed ten (10) years of service shall be entitled to a
               vacation of twenty (20) days annually.

       4.      The employee’s anniversary date will be used to determine the amount of
               vacation time due, within the fiscal year.

       Vacation requests in excess of three (3) days shall be filed thirty (30) days in advance.

       Where vacation leave requests would cause operational difficulty for the district, the
       Superintendent, after consultation with the Union President, reserves the right to deny
       such vacation request. The parties acknowledge that the Superintendent’s prior approval
       of vacation leave requests shall not be used as evidence that similar requests do not pose
       operational difficulty for the district. It is recognized for school-based office
       professionals that vacation requests for the 5 days prior to start of school, the 5 days after
       start of school, the 5 days prior to end of school year, and the 5 days following end of
       school year are discouraged and will only be approved in extraordinary circumstances,
       with a 30 day advance notice, by the supervisor and Superintendent of Schools. Vacation
       days shall not be cumulative from fiscal year to fiscal year. Exceptions may be made at
                                                -6-
       the discretion of the Superintendent of Schools. Employees shall be paid for unused
       vacation time, on a pro-rata basis, should she/he leave the employ of the Colchester
       Board of Education in good standing. If an employee should die while in the employ of
       the Board of Education, his/her estate shall be paid any money owed for unused vacation
       time.

Maternity and Adoption Leave:

       1.      Maternity leave shall be granted by the Board of Education, and the employee
               may use accumulated sick leave for disabilities caused or contributed to by
               pregnancy, miscarriage, abortion, childbirth and recovery therefrom.

       2.      Leave shall continue as long as the employee is disabled. The Board reserves the
               right to determine the period of disability through review by a physician it selects
               and pays for. The Board shall be notified at least thirty (30) days before the
               estimated time of commencement of the leave.

       3.      The availability of extension of leave, the accrual of seniority and other benefits
               and privileges, reinstatement and payment under any health or temporary
               disability due to pregnancy or childbirth shall be available on the same terms and
               conditions as they are applied to other disabilities.

       4.      Employees who are expecting to deliver or adopt a child or whose spouse is
               expecting to deliver a child may request a child rearing leave of absence without
               pay or benefits of up to one year. Employees shall request such leave at least
               sixty (60) days prior to the anticipated commencement of such leave, and such
               leave request shall set forth the date on which leave shall conclude. Whenever
               possible, employees who return from leave during the same school year shall be
               returned to his/her former assignment. Employees on such leave may continue to
               participate in the group insurance coverage at their own expense, except to the
               extent that employer payment of premium may be required by the FMLA. To the
               extent that the provisions of the Family and Medical Leave Act apply to members
               of the bargaining unit and to such leave, child-rearing leave shall run concurrent
               with any leave entitlement under the Family and Medical Leave Act.

Leaves Without Pay:

Leaves of absence without pay shall be granted upon application of such employees in cases of
extreme personal hardship such as, but not limited to, extended illness of the employee, illness of
a member of the immediate family, or other reasons, upon recommendation of the
Superintendent and subject to the approval of the Board.

Sick Leave Severance Pay:

Upon termination of employment in good standing, with a minimum of fifteen (15) years of
continuous service with the Colchester Public Schools, twelve month employees shall receive
twenty-five (25%) percent of all accumulated unused sick days based on salary at the time of
severance. This benefit shall not be available to employees hired on or after July 1, 1999.

Family and Medical Leave Act:
                                                -7-
The provisions of the federal Family and Medical Leave Act shall apply to members of the
bargaining unit who are eligible in accordance with its terms; and any time of leaves by this
agreement that are covered by this Act shall run concurrent with any leave entitlement under the
federal Family and Medical Leave Act.


                                          ARTICLE VI
                                          SENIORITY

A.     Employees will have system wide seniority, based upon the length of continuous service
       with the Colchester School System, within a bargaining unit position. Upon the written
       request of the Union, the Board shall prepare a list of employees showing their seniority
       in length of service and deliver the same to the Union on December 1st of each year.
       Unless the Union files a grievance concerning the list within thirty (30) days of receipt of
       same, the list will be presumed to be correct for all purposes of this contract, said
       grievance to be in writing. Upon completion of their probationary period, new
       employees shall be added to this list, and credited with service to the date of most recent
       hire. Employees would not be eligible until the date they were employed to continuously
       work on the basis of twenty (20) hours or more per week, as a bargaining unit employee.

B.     Layoffs:

       In the event a position is eliminated, the employee holding such position (the “Affected
       Employee”) shall be laid off. Instead of accepting the layoff, the Affected Employee,
       within forty-eight (48) hours of notification from the Superintendent, shall have the
       option to assume the duties of the least senior employee, provided the Superintendent
       determines that the Affected Employee is qualified to assume the duties of that least
       senior employee, on the basis of the following factors:
         1. An interview with the Affected Employee to discuss willingness to assume the
            duties of the least senior employee.
         2. Past evaluations and employment history of the Affected Employee.
         3. Whether the Affected Employee has any experience with the duties of the least
            senior employee.
         4. Whether the Affected Employee, even with additional training, has the capabilities
            to perform the duties of the least senior employee.

       All employees who have been laid off will be placed on a recall list for two (2) years and
       qualified employees based on the criteria described above must be recalled for any office
       professional position before any new people can be hired to fill the vacant positions.
       Notification of recall shall be mailed, return receipt requested, to the last address given by
       the employee. If the laid off employee refuses the offer or does not respond to a
       notification of recall issued by the Board within fifteen (15) days, then that employee
       relinquishes all rights to recall.




                                                -8-
                                        ARTICLE VII
                                      PERSONNEL FILES

Official employee files shall be maintained in accordance with the following procedures:

A.     Administrators will be encouraged to place in the file information of a positive nature
       indicating special competencies, achievements, performances or contributions of a civic
       nature. All material received from and signed by responsible sources concerning an
       employee’s conduct, service or character may be placed in the file. No anonymous letters
       or materials shall be placed in an employee’s personnel folder. The employee shall be
       notified in advance of the placement of any critical material in his/her file by being
       provided with a copy of such material with the notation, “cc: Personnel File.”
       Employees have the right to respond by addenda affixed to such critical material.

B.     The employee shall upon request be given the opportunity to review the contents of his or
       her file. Reasonable requests for review shall not be withheld. It shall be the
       responsibility of the central administration, when requested, to arrange a convenient
       appointment with each employee which will enable that employee to have ample time to
       fully review any and all documents in his or her file in the presence of an administrator or
       his or her designee.

C.     The employee has the right to reply to any document with a formal letter addressed to the
       Superintendent of Schools. This letter will be placed in the file.

D.     The employee shall be permitted to copy materials in his/her file.


                                      ARTICLE VIII
                                 GRIEVANCE PROCEDURE

Definitions:

A.     A “grievance” shall mean a complaint by a grievant that there has been a violation,
       misinterpretation or misapplication of the provisions of this contract.

B.     As used in this Article the term “grievant” shall mean either (1) an individual employee
       or (2) a group of employees having the same grievance, or (3) the Union.

C.     The purpose of the grievance procedure is to secure, at the lowest possible administrative
       level, solutions to any problems which may arise.

D.     No reprisals of any kind shall be taken by any member of the Board or Administration
       against any participant in the grievance procedure by reason of such participation.

E.     All “days” shall mean work days.

Procedures:

A grievant and a Union Representative (if the grievant so desires) shall first discuss the
grievance with the grievant’s immediate administrative superior.
                                               -9-
STEP I          If the matter is not satisfactorily adjusted within five (5) days, the grievant shall
                submit it in writing within five (5) days to the grievant’s immediate administrative
                superior. Such written grievance must be filed within ten (10) days of the date
                that the grievant should have been logically aware of the act or circumstances
                giving rise to the grievance, except that an extension shall be granted if mutually
                agreed-upon and reduced to writing. The administrative supervisor shall meet
                with the grievant and a Union representative and must render his/her decision in
                writing, with copies to the grievant and the Union, within five (5) days of the
                meeting with the grievant.

STEP II         Failing satisfactory settlement within such time limit, the grievant may within five
                (5) days appeal in writing to the Superintendent, and such writing shall set forth
                specifically the basis of the grievance. The Superintendent or his/her designee
                shall meet with the grievant and a Union representative within five (5) days of
                receipt by him/her of such appeal and shall give his/her decision in writing to the
                grievant and the Union within five (5) days of such meeting.

STEP III        Arbitration

         A.     If the decision of the Superintendent does not resolve the grievance to the
                satisfaction of Union, it may submit the grievance to the American Arbitration
                Association, in accordance with applicable administrative procedures, practices,
                and rules. Whether or not previously indicated at earlier steps, the provisions of
                the contract which are involved shall be identified in the submission.

         B.     Notice of intention to submit to arbitration under subsection A. above, must be in
                writing addressed to the Superintendent of Schools, and submission to arbitration
                must be made no later than fifteen (15) days following receipt of the
                Superintendent’s decision.

         C.     The arbitrator shall hear and decide only one grievance in each case. He/She shall
                be bound by and must comply with all the terms of the contract. He/She shall
                have no power to add to, delete from, or modify in any way any of the provisions
                of this contract.

         D.     With respect to grievances involving a violation, misinterpretation or
                misapplication of the provisions of this contract, the arbitrator’s decision shall be
                final and binding.

         E.     Fees and expenses of the arbitrator shall be borne equally by the Board and the
                Union.

General Provisions:

A.       A grievant may be represented at steps I - II of the grievance procedure by any person of
         his/her choice provided, however, that such person shall not be an official or a
         representative of any other employee organization. At Step III, the Union has the choice
         of representative. When a grievant is not represented by the Union, the Union shall have
         the right to be present and to state its views at all steps of the grievance.
                                                    -10-
B.   Nothing contained herein shall be construed to prevent any individual employee from
     informally discussing a complaint with his/her immediate superior or processing a
     grievance in his/her own behalf in accordance with Steps I through II of the grievance
     procedure.

C.   Meetings held under this procedure shall generally be conducted on non-school time at a
     place which will afford a fair and reasonable opportunity for all persons proper to be
     present and to be heard. If, at the option of the Board, hearings are held during school
     hours, persons proper to be present shall be excused without loss of pay.

D.   All documents, communications and records dealing with the processing of a grievance
     shall be filed separately from the personnel files of the participants.

E.   The parties may mutually agree to participate in mediation, on such terms and conditions
     as may be established in writing.


                                      ARTICLE IX
                                     UNION RIGHTS

A.   Information to the Union:

     1.     The parties shall make available to each other upon request any and all
            information, statistics and records which are relevant or necessary for the proper
            enforcement and implementation of the terms of this Agreement or for negotiating
            a successor agreement, to the extent to which such material is available or is
            reasonably obtainable, except for information which is legally privileged. A copy
            of the public agenda of the regular board meeting shall be available to the official
            Union representative to the Board, upon request, twenty-four (24) hours prior to
            the meetings.

B.   Copies of Agreement:

     The Board agrees to post a copy of the collective bargaining agreement on its website, so
     that each member of the bargaining unit may have access to the agreement. The Board
     shall provide the Union with two (2) executed copies for its own use.

C.   School Visitations:

     The Board shall permit the President of the Local #1303-450 of Council 4, or his/her
     designated representative, with the permission of the principal or, in his/her absence, the
     person in charge of the school, to visit the schools for any purpose relating to the terms
     and conditions of this Agreement. Any such visits shall be conducted in accordance with
     the school district’s visitors’ policy and procedures. If conferences with members of the
     bargaining unit are necessary, they shall be scheduled outside of working hours or on
     scheduled breaks, or by pre-arrangement and permission of the administration, so as not
     to interfere with the duties and responsibilities of the school employee(s). This
     permission shall not be unduly withheld.

                                            -11-
D.     Dues Deduction and Agency Fee:

       1.     The Board agrees that, upon submission of a voluntary dues checkoff card for
              payroll deduction of his/her Union membership dues, the proper deduction will be
              made each month from the employee’s salary and forwarded to the Union
              monthly. Upon the payment thereof to the Union the Board shall be held free and
              harmless from any liability in handling such Union dues and may require a release
              from the Union.

       2.     The Board shall deduct the amount certified by the Union as the annual dues or
              from the pay of each employee authorizing such deduction, in equal semi-monthly
              installments. All such deductions shall be remitted to the Union by the fifteenth
              (15th) day of the month for which the deduction is made. Employees on leaves of
              absence must make suitable arrangements in advance of such leave to pay the
              Union dues directly to the Union.

       3.     Payments for new employees shall commence within thirty (30) days following
              the employee’s submission of an authorization.

       4.     The Union shall hold the Board harmless against any and all claims, demands,
              liabilities, lawsuits, counsel fees or other costs which may arise out of, or be by
              reason of, actions taken against the Board as a result of administration of the
              provisions of this section.


                                     ARTICLE X
                             CONDITIONS OF EMPLOYMENT

Prior to making any changes in the terms and conditions of employment, the Board shall
negotiate such changes with the Union in accordance with law.


                                        ARTICLE XI
                                     FRINGE BENEFITS

A.     Each employee will receive access to all applicable insurance policies and contracts.
       Eligible employees electing to enroll in the Board’s insurance program will receive the
       insurance coverage as listed below. Employees must work at least thirty (30) hours per
       week to be eligible for insurance benefits.*

       *Employees working less than thirty (30) hours per week in the 2018-2019 fiscal year
       who are enrolled in the Board’s health and dental insurance program during the 2018-
       2019 contract year and remain continuously enrolled in the Board’s insurance program
       shall continue to be eligible for such benefits. In the event that any such employee dis-
       enrolls from the health and dental insurance program, the employee will no longer be
       eligible for such benefits unless he or she works at least thirty (30) hours per week.

       The Board shall provide the following coverages, subject to the conditions herein stated,
       to all eligible employees as described above. Eligible employees shall have the option to
       select medical insurance coverage as described below under section 1 or 2.
                                               -12-
1.   For employees who are enrolled in Preferred Provider Plan (“PPO Plan” during
     the 2015-2016 contract year, and remain continuously enrolled in the PPO plan,
     the Board will offer the PPO Plan as outlined in summary form in Appendix A.
     Effective July 1, 2019, the employee shall pay twenty-two percent (22%).
     Effective July 1, 2020, the employee shall pay twenty-three percent (23%).

     The PPO Plan is only available to those employees enrolled in the PPO plan
     during the 2015-2016 contract year and remain continuously enrolled in the PPO
     Plan. Any employee hired on or after July 1, 2016, or who enrolls in the Board’s
     insurance after July 1, 2016, or who switches to the HDHP after July 1, 2016 is
     not eligible for enrollment in the PPO Plan.

2.   The High Deductible Health Care Plan (HDHP) as outlined in Appendix B with
     employee paying sixteen and one-half (16.5%) percent for the premium by
     automatic payroll deductions. Effective July 1, 2020, the employee shall pay
     seventeen percent (17%).

3.   The following Vision Care Rider, with family coverage is provided to the
     employee with the same premium share as noted in Section A1, hereinabove.
     Coverage is provided according to policy schedule:

     a.     Visual examination, including refractions.

     b.     Lens, including coverage for:

                (1) Single lenses
                (2) Bi-focal lenses
                (3) Tri-focal lenses
                (4) Contact lense(s)
                (5) Frames

4.   The Board shall provide each member of the bargaining unit with family coverage
     the following dental coverage with the same premium share as noted in Section
     A1, hereinabove:
     a.     The Blue Cross/Blue Shield FLEX Plan for Dental Care as outlined in
            Appendix C which shall not have any deductible (first dollar coverage) for
            diagnostic/ preventative dental services which shall include, but not be
            limited to, oral examination, x-rays, simple extractions, emergency
            treatment, prophylaxis (cleaning), fluoride treatments, repair of dentures,
            fillings, and endodontics as described in the plan provided.

     b.     There will be a twenty-five dollars ($25.00) per insured individual, per
            year front-end deductible for all other basic benefits covered by the FLEX
            Dental Plan.

     c.     Payments are to be based on reasonable and customary charges.



                                       -13-
            d.      Dental coverage shall also include all Rider A benefits (inlays [not part of
                    bridge], crowns [not part of bridge], space maintainers, oral surgery and
                    apicoectomy) payable to eighty (80%) percent of reasonable and
                    customary charges.

            e.      Dental coverage shall also include all Rider D benefits (orthodontist)
                    payable at the rate of sixty (60%) percent of covered expenses until the
                    insurance carrier has paid six hundred dollars ($600.00) per insured
                    individual under the age of 20; the six hundred dollars ($600.00) is a
                    lifetime maximum.

            f.      Insured/spouse and unmarried dependent child 19-24. For employees
                    hired after July 1, 2004, dependents over nineteen must also be full-time
                    students.

            g.      Coverage will be limited to a maximum benefit of $2,000 per person per
                    calendar year for Diagnostic & Preventive and Basic services as outlined
                    in Appendix C.

B.   All members of the bargaining unit who retire after twenty (20) years’ service in
     Colchester shall be allowed to buy any of the coverages offered to active employees at
     the Group Rate under the Group Policies of the Board at their own expense. Provisions
     of this coverage are to be determined by the terms and conditions of the individual
     insurance companies and/or third party administrators.

C.   The Board may substitute insurance carriers or administrators as it sees fit so long as the
     new carrier or administrator provides reasonably comparable coverage and
     administration. The Board may also adjust plan designs, so long as the Board continues
     to offer both a PPO type plan to eligible employees and an HDHP type plan; and
     provided the substitute PPO and HDHP plans provide reasonably comparable coverage.
     The Board shall provide written notice of the change in carrier, plan and/or administrator
     to the Union. Following receipt of such written notice, the Union shall have thirty (30)
     calendar days to dispute the Board’s determination that a change in carrier, plan or
     administrator does not provide reasonably comparable coverage. Disputes as to
     reasonable comparability are to be resolved forthwith by expedited final and binding
     arbitration before a mutually agreeable arbitrator experienced in matters of insurance
     coverage.

D.   All bargaining unit members shall receive Fifty Thousand ($50,000) Dollars in life
     insurance.

E.   The provisions of this Article concerning plan design shall be subject to renegotiations in
     accordance with statute, should health insurance benefits change for a majority of Board
     employees through negotiations.

F.   The Board shall implement and maintain a Section 125 Salary Reduction Agreement
     which will be designed to permit exclusion from taxable income of the employee's share
     of health and life insurance premiums. The Board makes no representation or guarantees
     as to the initial or continued viability of such a salary reduction agreement, and shall
     incur no obligation to engage in any form of impact bargaining in the event that a change
                                               -14-
     in law reduces or eliminates the tax-exempt status of employee insurance premium
     contributions. So long as the Board makes a good faith effort to comply with this
     paragraph, neither the Union or any employee covered by this Agreement shall make any
     claim or demand, nor maintain any action against the Board or any of its members or
     agents for taxes, penalties, interest or other cost or loss arising from a flaw or defect in
     the salary reduction agreement, or from a change in law which may reduce or eliminate
     the employee tax benefits to be derived therefrom.

G.   The Board shall provide a long-term disability plan for each employee beginning after a
     ninety (90) day disability period. In accordance with such terms and conditions as may
     be established by the carrier, this benefit shall provide an income to the eligible disabled
     employee of 60% base salary up to a maximum benefit of $4,000 per month.


                                      ARTICLE XII
                                    SAVINGS CLAUSE

1.   If any provision of this Agreement is, or shall at any time be contrary to law, then such
     provision shall not be applicable or performed or enforced, except to the extent permitted
     by law, and any substituted action shall be subject to appropriate consultation and
     negotiation with the Union.

2.   In the event that any provision of this Agreement is, or shall at any time be contrary to
     law, all provisions of this Agreement shall continue in effect.


                                     ARTICLE XIII
                                    MISCELLANEOUS

A.   Any employee required by the Board to use his/her personal automobile in the discharge
     of his/her job duties, shall be reimbursed for his/her mileage at the I.R.S. approved rate.

B.   The Union shall not instigate, support or condone any strike, slowdown or interference
     with the orderly operation of the school system. The Employer agrees that there will be
     no lockout of any of its employees during the life of the Agreement and/or during any
     extensions or renewals of this Agreement.

C.   In addition, the Board shall reimburse any member of the bargaining unit for the cost
     (tuition, materials) of specialized training as the Board may require.


                                       ARTICLE XIV
                                        DURATION


A.   This Agreement shall be effective upon execution by both parties, with salaries
     retroactive to July 1, 2019 and shall remain in effect through June 30, 2021.



                                             -15-
B.     This Agreement shall constitute the full and complete agreement between the parties, and
       neither party shall be obligated during its term to negotiate on any item, except by mutual
       written consent, whether it is covered by this Agreement or not.


                                       ARTICLE XV
                                    RETIREMENT PLAN

A.     The Board shall establish a retirement plan either similar to or part of the Town of
       Colchester plan. The Plan is a Section 457 plan, as set out below. The key provisions of
       the plan are set out below for informational purposes. The Plan shall be as set out in the
       Plan documents, which shall be controlling, and which are available to unit members
       upon request.

B.     For employees who have completed their probationary period, the Board will contribute
       4% of base (not including overtime or longevity) pay. Employees may contribute into
       the Retirement Plan in accordance with limits established under federal law. The
       employee can withdraw from the account in accordance with federal law. The Board
       contribution shall be made to the employee’s Section 457 Account through payroll
       deduction in accordance with law.

C.     Upon request of a unit member, the Board shall deduct from the member’s salary any
       amount designated for a pension or retirement plan. The Board shall forward such
       monies to the designated pension or retirement plan. It is understood that such deduction
       be in equal amounts for each pay period and extend over at least three months before the
       member may make a change.


                                        ARTICLE XVI
                                        LONGEVITY

Members of the bargaining unit shall receive longevity stipends as follows:

               10 - 15 years of continuous service - $250
               15 - 20 years of continuous service - $350
               20 plus years of continuous service - $450
               25 plus years of continuous service - $600

This benefit will be paid to unit members in the payroll following their anniversary date. This
benefit shall be limited to employees hired prior to October 1, 1999.


                                       ARTICLE XVII
                                    SALARY SCHEDULES

OFFICE PROFESSIONALS
                               STEP          2019-20        2020-21
                                 1
                                 2            21.30
                                              -16-
                                 3            22.72         23.23

Effective July 1, 2019, all bargaining unit members not yet on the maximum step shall move one
step. (Bottom step dropped)
Effective July 1, 2020, all bargaining unit members not yet on the maximum step shall move one
step. (Bottom step dropped)
The probationary rate for new employees (first seventy-five working days) shall be set at ninety
percent (90%) of the job rate.

Initial step placement of bargaining unit members shall be determined by the Superintendent,
based on programmatic needs, as well as the experience and skill levels of the new employee.
To the extent that programmatic needs of the district permit, new employees shall not be placed
higher than existing employees who have demonstrated similar experience and skill levels.




                                              -17-
                            SIGNATURE PAGE




                                COLCHESTER BOARD OF EDUCATION



Date ____________________       By: _________________________________



                                COLCHESTER FEDERATION OF
                                EDUCATIONAL PERSONNEL
                                LOCAL #1303-450 of Council 4, AFSCME, AFL-
                                CIO



Date ____________________       By: _________________________________


                                AFSCME Council 4



Date ____________________       By: _________________________________




                                 -18-
                                                     APPENDIX A
                                                INSURANCE PROGRAMS

      The PPO Plan is only available to those employees enrolled in the PPO plan during the 2015-
      2016 contract year and remain continuously enrolled in the PPO Plan. Any employee hired on or
      after July 1, 2016, or who enrolls in the Board’s insurance after July 1, 2016, or who switches to
      the HDHP after July 1, 2016 is not eligible for enrollment in the PPO Plan.

                                               SCHEDULE OF BENEFITS
                                                CENTURY PREFERRED
      This schedule generally describes the benefits available for Covered Services. For a more detailed explanation of
      benefits provided, you should refer to the appropriate section of the Summary Booklet, available at the
      Superintendent’s Office. This Schedule of Benefits is subject to all the terms, conditions, and limitations set forth in
      the Summary Booklet.



Benefit                                            In Network                       Out of Network

                                                                                    Deductible: $1,500/$3,000/$4,500
Deductible & Co-Insurance                          N/A
                                                                                    Co-Insurance: 80%
                                                                                    Out of pocket max:
                                                                                    $6,000/12,000/18,000


Inpatient Hospital Services                        $300 per admission               Covered at 80% Deductible & Coins.
Outpatient Hospital Services                       $100 co-pay                      Covered at 80% Deductible & Coins.
Inpatient Mental and Substance Abuse               $300 per admission               Covered at 80% Deductible & Coins.


Substance Abuse Inpatient                          $300 per admission               Covered at 80% Deductible & Coins.
Emergency Care
 Emergency Room Visits                             $175 co-pay                      $175 co-pay
Walk in Care (Walk in Center                       $30 co-pay                       Covered at 80% Deductible & Coins.
 or Physician's Office)
Ambulance                                          No co-pay                        Paid as In-Network Service
Unlimited per trip for Land
$4,000 per trip for Air

Physician Services
 Medical Care                                      $30 co-pay                       Covered at 80% Deductible & Coins.

Specialist Services
 Medical Care                                      $40 co-pay                       Covered at 80% Deductible & Coins.

                                                              - 19 -
Benefit                                        In Network                 Out of Network


Preventive Care
Pediatric: (Well Child Care)
  (According to Age Base Schedule)
                                                       $0 co-pay          All Out of Network is
Adult Physical Examinations:
  (According to Age Base Schedule)
Gynecological: (1 per year)                                               Covered at 80% Deductible & Coins.
Mammography:
Vision Exam:
  (1 vision exam and refraction every 2 cal.
Years)
Hearing Exam:
   (1 Hearing Exam ever 2 cal. Years)

Outpatient Therapy Coverages
       Speech Therapy, OT, PT and              $40 co-pay to max. 50      Covered at 80% Deductible &
       Chiropractic Services                   combined visits per        Coinsurance with max. of 50 combined
                                               medical condition per      visits per year
                                               Cal Yr for In-network
                                               Services. Excess paid
                                               as out of network
                                               benefit.
High-Cost Diagnostic Services
prior authorization required                   $100 co-pay                Covered at 80% Deductible &
                                                                          Coinsurance
Electroshock                                   $40 co-pay                 Covered at 80% Deductible & Coins.
Prescription Drug Benefits                     $10 generic, $25           Covered at 80% Deductible & Coins.
                                               preferred brand, $40
                                               non- preferred brand;
                                               Unlimited max. 2 x
                                               retail for mail order


Outpatient Mental Health                       $40 co-pay                 Covered at 80% Deductible & Coins.
 & Substance Abuse
Home Health Aides                              80 visits; case            Covered at 80% above deductible to
                                               management                 stop loss; 80 visits
Nursing & Therapeutic Services                 200 visits (80 visits of   Covered at 50% above deductible to
                                               which can be a Home        stop loss; up to 200 visits per year
                                               Health Aide)

Skilled Nursing Facility                       $300 per admission         Covered at 80% Deductible & Coins.
(Up to 120 days per Calendar Year)

                                                          -20-
Benefit                                        In Network               Out of Network


Maternity Care
 Prenatal and Postnatal                        $40 co-pay first visit   Covered at 80% Deductible & Coins.
                                               only
Durable Medical Equipment                      Covered in full          Covered at 80% Deductible & Coins.
Hearing Aid Coverage available for dependent
children age 12 yrs and under with a max of
$1,000 within a 2 yr period.

Hospice Care (inpatient)                       $300 per admission       Covered at 80% Deductible & Coins.
60 days


Penalty for failure to pre-certify Elective    $250 Hospital            $250 Hospital
Hospital Admission, Partial Hospitalization    & 25% Physician of       & 25% Physician of (MAA)
or Day/Night Visit Programs or Certify a       (MAA) Max.
Medical Emergency within 2 business days
                                               Allowable Amount


Eligibility                                    Insured/spouse and       Same
                                               unmarried dependents
                                               to age 26.

          This insurance matrix appendix contains a summary and description of the PPO Plan. It is agreed
          and understood by the parties that the insurance description contained in this matrix are
          descriptive only and is not the insurance policy. All questions or issues concerning insurance
          coverage and related matters shall be determined by reference to the actual insurance policy
          documents issued or possessed by the insurers and/or plan administrators.




                                                         -21-
                                             APPENDIX B

                        HIGH DEDUCTIBLE HEALTH CARE PLAN:
          (Following are some of the co-pay, deductible, and coverage features of the HDHP Plan)
           The HDHP Plan is the only plan available to employees hired on or after July 1, 2016.

BENEFIT
COST SHARES
                                   In-Network services and Out-of-Network services and
                                   Out-of-Network services subject to deductible and coinsurance.
                                   No Referrals Required
                                   Deductible: $2,000 Individual, $4,000 Two or More
                                   In Network Coinsurance 100%
                                   Lifetime Maximum In-Network – Unlimited

                                   Out-of-Network Benefits
                                   Coinsurance 80% / 20%
                                   Out-of-pocket Maximum $4,000 Individual; $6,850 (in network)
                                   $8,000 (Out of network) Two or More

                                   Lifetime Maximum Out-of-Network – Unlimited

                                   Only In-Network Benefits Illustrated Below

PREVENTIVE CARE                    Annual
Pediatric                          Covered 100% - Not Subject to Deductible

Adult                              Covered 100% - Not subject to Deductible

Vision Exam                        Covered 100% - Not Subject to Deductible

Hearing                            Covered 100% - Not Subject to Deductible

Routine Gynecological              Covered 100% - Not Subject to Deductible

MEDICAL SERVICES
Medical Office Visit               100% after deductible

Outpatient - PT/OT                 100% after deductible

Chiropractic                       50 visits per calendar year
                                   Add'l coverage after 50 visits subject to OON deductible/coinsurance

Allergy Services                   100% after deductible

Diagnostic Lab & X-ray             100% after deductible

Surgery Fees                       100% after deductible

Office Surgery                     100% after deductible

Outpatient MH/SA                   100% after deductible

                                                  -22-
BENEFIT
COST SHARES
EMERGENCY SERVICES
Emergency Room               100% after deductible

Urgent Care Facility         100% after deductible

Ambulance                    100% after deductible

INPATIENT HOSPITAL           Note: All hospital admissions require pre-cert
General/Medical & Surgical   100% after deductible

Ancillary Services
(Medication, Supplies)       100% after deductible

Psychiatric                  100% after deductible

Substance Abuse/Detox        Covered 100%

Rehabilitative               100% after deductible
                             Covered up to 100 days per calendar year.
                             Add'l coverage after 100 days subject to OON deductible/coinsurance

Skilled Nursing Facility     100% after deductible
                             120 days per calendar year

Hospice                      100% after deductible

OUTPATIENT HOSPITAL
Outpatient Surgery           100% after deductible
  Facility Charges

Diagnostic Lab & X-ray       100% after deductible

Pre-Admission Testing        100% after deductible

OTHER SERVICES
Durable Medical Equipment    100% after deductible

Prosthetics                  100% after deductible

Home Health Care             100% after deductible
                             200 visits per calendar year.

Infertility Services         100% after deductible


Prescription Drugs           After deductible is met: 2 x retail for mail order / $10 generic, $25
                             preferred brand, $40 non- preferred brand; Unlimited max.




                                            -23-
The Board will contribute fifty percent (50%) of the applicable HDHP deductible amount. The
Board’s contribution toward the HDHP deductible will be deposited into the HSA accounts with
the payroll dates of the contract year. The parties acknowledge that the Board’s fifty percent
(50%) contribution toward the funding of the HDHP plan is not an element of the underlying
insurance plan, but rather relates to the manner in which the deductible shall be funded for active
employees. The Board shall have no obligation to fund any portion of the HDHP deductible for
individuals upon their separation from employment.

This insurance matrix appendix contains a summary and description of the Plan. It is agreed and
understood by the parties that the insurance description contained in this matrix are descriptive
only and is not the insurance policy. All questions or issues concerning insurance coverage and
related matters shall be determined by reference to the actual insurance policy documents issued
or possessed by the insurers and/or plan administrators.

*The Board will make its contribution to an employee’s HSA (or HRA contribution) in four (4)
equal installments, on the following schedule:

           •   25% of Board’s contribution on 1st regular payroll date after September 15th
           •   25% of Board’s contribution on 1st regular payroll date after December 15th
           •   25% of Board’s contribution on 1st regular payroll date after March 15th
           •   25% of Board’s contribution on 1st regular payroll date after June 15th

* For employees hired on or before June 30, 2019 who elect to enroll in the HDHP plan effective
either July 1, 2019 or July 1, 2020, for the first year in which the employee enrolls, the Board
shall fund its contribution to the employee’s HSA or HRA in one installment with the second
regular payroll cycle after July 1st. Thereafter, the employee shall receive contributions in
accordance with the schedule set forth above.

For plan participants who may not be eligible (Medicare enrolled or receiving benefits from
TriCare or VA) for a HSA contribution, the Board shall make available a HDHP/HRA plan with
the same deductible funding as received by HSA participants.

Board contributions to an employee’s HSA (or HRA contribution) shall be pro-rated for a partial
year of employment. In the event that an employee gives written notice of his/her intent to leave
the district, any further Board contributions to an employee’s HSA (or HRA contribution) shall
reflect the pro-rated amount of the employee’s deductible funding through his/her last day of
employment with the district.




                                               -24-
                                           APPENDIX C
                                        DENTAL INSURANCE


 Benefit
 Individual Deductible:                   $25 (applies to Basic Services and Major Services only)
 Family Deductible:                       $75 (applies to Basic Services and Major Services only)
 Lifetime maximum:                        $600 per member per lifetime for Category 3
                                          All other categories are subject to a maximum of
                                          $2,000 per person per calendar year.
                                          Insured/spouse and unmarried dependents to age 25.
                                          For employees hired after July 1, 2004, dependents over
                                          19 must also be full-time students
       Diagnostic and Preventive
                 Services                 Payable at 100% of usual, customary and reasonable
  Initial and periodic oral exams and     charges at participating dentists.
ngs
  Topical application of fluoride
  Space maintainers
  X-rays
  Emergency Treatment
  Prophylaxis
  Space Maintainers
              Basic Services
  Fillings                                Payable at 80% of usual, customary and reasonable
  Root Canals                             charges at participating dentists.
  Stainless steel crowns
  Extractions
  Oral Surgery
  Repair and relining of dentures
  Apicoectomy
  Inlays 1/tooth/5 years
  Onlays 1/tooth/5 years
  Crowns 1/tooth/5 years

          Major Services
 Orthodontics                             Payable at 60% of usual, customary and reasonable
                                          charges at participating dentists (to age 19) - $600
                                          lifetime maximum




                                                -25-