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COLCHESTER BOARD OF
EDUCATION
AND
LOCAL 818, COUNCIL #4
AFSCME, AFL-CIO
Effective upon Execution through June 30, 2022
7854764v1
INDEX
Page
Preamble .............................................................................................................................. 1
Article I - Recognition ......................................................................................................... 1
Article IA - Board's Prerogatives ......................................................................................... 1
Article II - Union Security ................................................................................................... 3
Article III - Seniority ........................................................................................................... 4
Article IV - Regular Hours of Work .................................................................................... 5
Article V - Holidays ............................................................................................................. 6
Article VI - Sick Leave and Leave of Absence ................................................................... 7
Article VII - Grievance Procedure ....................................................................................... 10
Article VIII - Personnel Files ............................................................................................... 13
Article IX - Wages ............................................................................................................... 14
Article X - Insurance Benefits ............................................................................................. 14
Article XI - Longevity ......................................................................................................... 17
Article XII - Savings Clause ................................................................................................ 17
Article XIII – Retirement ..................................................................................................... 18
Article XIV - Duration ......................................................................................................... 18
Appendix A - Salary Schedule............................................................................................. 20
Appendix B – Insurance Programs ...................................................................................... 21
Appendix B-1 – High Deductible Health Care Plan (HDHP)
Appendix B-2 – FLEX Dental
PREAMBLE
This Agreement entered into by Colchester Board of Education (hereinafter referred to as
the "Employer") and Local 818 of Council #4, American Federation of State, County and
Municipal Employees, AFL-CIO (hereinafter referred to as the "Union") has as its purpose
the promotion of harmonious relations between the Employer and the Union, the
establishment of an equitable and peaceful procedure for the resolution of differences, and
the establishment of rates of pay, hours of work and other conditions of employment.
ARTICLE I
RECOGNITION
The Employer recognizes the Union as the sole and exclusive bargaining agent for the
purpose of collective bargaining on all matters of wages, hours of employment and other
conditions of employment for all full time supervisory employees in the following
classifications: Cafeteria Managers and District Nutrition Program Coordinator. Full time
employees shall be defined to mean those employees employed for twenty (20) hours a
week or more. Summer work study students and temporary help are excluded from the
provisions of this Agreement. Temporary help is defined as employees hired on a
temporary basis to fill in during periods of extended illness or their authorized leave of
regular employees and to otherwise meet District needs.
ARTICLE IA
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;
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, assign, transfer, promote or demote, to lay off, furlough, terminate or
otherwise relieve school employees from duty for lack of work or other legitimate
reasons when it shall be in the best interests of the Board
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to suspend or dismiss school employees in the manner provided by statute or board
policy;
to designate 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;
to decide the textbooks to be used;
to establish contracts and subcontracts for the Board’s operations (if the Board
exercises its right to subcontract any of its operations, then the Board shall include
a preferential hiring clause within its initial contract with the applicable
subcontractor that Board employees within the affected classification shall be hired
by the contractor to perform the work serving the Colchester Board of Education,
subject to the contractor’s normal hiring requirements);
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 budget to the Board of Finance and, in its sole discretion,
spend 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;
to establish or continue policies, practices and procedures for the conduct of Board
business and, from time to time, to change or abolish such policies, practices and
procedures;
to discontinue processes or operations or to discontinue their performance by
employees;
to select and to determine the number and types of employees required to perform
the Board’s operations;
to prescribe and enforce rules and regulations for the maintenance of discipline and
for the performance of work in accordance with the requirements of the Board.
to insure that incidental duties connected with school operations, whether
enumerated in job descriptions or not, shall be performed by employees.
to create job descriptions and/or job specifications and to revise existing job
descriptions and/or job specifications as deemed necessary.
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
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inconsistent with or in violation of any of the specific terms and provisions of this
Agreement. No action taken by the Board with respect to such rights,
responsibilities, and prerogatives, other than as there are specific provisions herein
elsewhere contained, shall be subject to the grievance and arbitration provisions of
this Agreement.
ARTICLE II
UNION SECURITY
Section 2.0
The Union agrees to hold the Employer harmless from damages arising from the making of
authorized deductions.
Section 2.1
The Board agrees to deduct from the paycheck of each Employee who is a member of the
Union and who has voluntarily signed an authorized payroll deduction card a sum certified
in writing by an authorized official of the Union as the amount for monthly Union dues.
Section 2.2
The amount will be certified by a responsible Union officer in writing and may be raised or
lowered by the Union once annually by December 1 upon written notification by said
officer to the Employer.
Section 2.3
Such payroll deductions, provided herein, shall be remitted to the Council #4 office of the
Union by the fifteenth (15th) day of the next month following the month in which such
dues were deducted along with a list of names of employees for whom the deductions have
been made.
Section 2.4
It is the responsibility of the Union President to have the dues card completed and transmit
same to the Superintendent's office.
Section 2.5
The employees agree, individually and collectively, that there shall be no strikes at any
time during the terms of this Agreement and/or during any extensions or renewals of this
Agreement.
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.
Section 2.6
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The employer shall post the contract on line so it is accessible to bargaining unit
employees. The Council #4 office shall be supplied with an electronic copy and one (1)
signed original contract at the time of signing or as soon thereafter as is possible, but no
longer than thirty (30) days.
ARTICLE III
SENIORITY
Section 3.0
Upon the written request of the Union, the Employer shall prepare a list of employees
showing their seniority in length of service and deliver the same to the Union on December
1 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. Seniority for all employees hired on or after July
1, 1993, shall be based on continuous length of service in the bargaining unit.
Upon completion of their probationary period, new employees shall be added to this list.
For the purposes of calculating seniority, employees commence their probationary period
as of the date they are employed to work in a bargaining unit position twenty (20) hours or
more per week.
Section 3.1
New employees working in a bargaining unit position shall serve a probationary period of
ninety (90) actual working days (excluding leave time) and shall have no seniority rights
during this period, but shall be subject to all other provisions of this Agreement, except the
right to grieve discipline or discharge through the grievance procedure. All employees
who have completed the probationary period shall acquire length of service records as of
the date of this employment.
Section 3.2
a. All vacancies shall be posted for a period of five (5) calendar days
electronically, prior to filling.
b. Upon written request, a copy of the job posting and a list of the persons
bidding for the job shall be sent to the Union Secretary at the end of the
posting period.
c. The person appointed to the vacancy and the Union shall be notified in
writing of the appointment.
Section 3.3
The Superintendent of Schools shall give written notice to the Union and to all employees
to be affected by any proposed layoff at least fourteen (14) calendar days before the
effective date thereof.
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Section 3.4
For a period of up to eighteen (18) months, a laid-off full-time employee shall be rehired
within the classification from which they were laid off or in which they have previously
served and no new employees shall be hired in those classifications until the employees set
forth above have been given an opportunity to return to work. Five (5) calendar days
written notification to the last known address shall be sufficient notification. If no reply is
received within ten (10) calendar days after the mailing of notification as aforesaid, then all
of the provisions of this section shall have been deemed complied with. Returning
employees, under the provisions of this section, must return to work within seven (7)
calendar days from the date of the mailing of the notification.
a. The provisions of Section 3.4 shall not apply to emergencies, the use of
temporary help, or temporary replacements pending the return of any
employee who has been recalled from a layoff.
ARTICLE IV
REGULAR HOURS OF WORK
Section 4.0
Overtime shall be paid by the Board for hours worked beyond forty (40) in one work week,
when assigned in advance by the designated supervisor.
Section 4.1
Unless modified by the Superintendent with three (3) weeks’ notice, the basic work week
for Cafeteria Managers shall be seven (7) hours per day, Monday through Friday. The
basic work year for the Cafeteria Managers shall be from 168 days to 193 days.
Unless modified by the Superintendent with three (3) weeks’ notice, the basic work week
for the District Nutrition Program Coordinator shall be eight (8) hours per day, Monday
through Friday. The basic work year for the District Nutrition Program Coordinator shall
be from 168 days to 193 days.
ARTICLE V
HOLIDAYS
Section 5.0
Employees shall receive the paid holidays listed below that fall during the school year on
days they would otherwise be scheduled to work.
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
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Independence Day Christmas Day
Section 5.1
a. Holidays falling on Saturday shall be celebrated the preceding day and
when school is not thereby in session.
b. Holidays falling on Sunday shall be celebrated on Monday and when school
is not thereby in session.
Section 5.2
Whenever any of these holidays shall occur while an employee who has obtained a formal
leave of absence for illness under Article VII is out on sick leave, the employee shall
accept the day as a holiday with no charge to sick leave.
Section 5.3
At the discretion of the Superintendent of Schools, an employee shall not be paid for a
holiday if he/she fails to report for work on the regularly scheduled work day prior to, or
following the holiday. This section shall not apply if an employee is on authorized leave.
Section 5.4
If school is held on a holiday listed above, it shall be considered a work day. In such
cases, the unit member shall be entitled to a floating holiday scheduled with the agreement
of the unit member’s supervisor.
ARTICLE VI
SICK LEAVE AND LEAVES OF ABSENCE
Section 6.0 - Sick Leave Accrual and Accumulation
Employees shall be entitled to sick leave, at current base pay accruing at the rate of one
day per month, to a maximum of ten (10) days, during a fiscal year. Such sick leave that is
not used shall be accumulated to a maximum of one hundred (100) days. Employees may
use up to six (6) days per year of paid sick leave to care for an immediate family member.
For the purposes of this paragraph, immediate family member shall be defined as spouse,
parent, brother, sister, child, grandparent, or grandchild.
Section 6.1 - Use of Sick Leave for Personal Illness
Sick leave may be used in the following cases:
a. Personal illness or physical incapacity due to illness or disability.
b. Enforced quarantine of the employee in accordance with community health
regulations.
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Section 6.2 -- Fitness for Duty
For any absence, a doctor’s certificate shall be submitted to the Superintendent of Schools
upon the employee’s return to work, at the request of the Superintendent, if he/she wishes
to verify fitness for return to duty in accordance with the district’s legal rights or if he/she
reasonably believes that there may be abuse of the provisions of Article VI.
a. Employees who have perfect attendance at work (with the exception of
personal leave, scheduled holidays and/or vacation) for a calendar quarter
(January through March, etc.) shall receive a perfect attendance bonus of
one day's pay at straight time rates, such bonus to be paid during the first
pay period in July. Employees hired on/after 1/1/16 will not be eligible for
this bonus.
Section 6.3 -- Severance Benefit
The benefit described in this paragraph is limited to employees hired prior to July 1, 2008,
whose employment terminates in good standing, and who have a minimum of fifteen (15)
years of consecutive service with the Colchester Public Schools. Each eligible employee
shall receive twenty-five percent (25%) of all accumulated unused sick days based on
salary at the time of severance, up to a maximum of one hundred (100) days. Payment of
severance compensation shall be no later than one year from the date that the employee
notifies the Superintendent of his/her intent to leave the employ of the Board or no later
than one year from the date of termination, whichever is earlier.
Section 6.4 --Bereavement Leave
In addition to the sick leave, each employee shall be entitled to absence with full salary not
to exceed four (4) days for the death of spouse, child or parents of the employee. For the
death of any other member of the immediate family, this absence shall not exceed three (3)
days. Other members of the immediate family include: parents of current spouse,
grandparents, grandchildren, brothers, sisters, and any relation who resides in the
employee's household.
Section 6.5 - Injury Leave
Injury leave, as distinguished from sick leave, shall mean paid leave given to an employee
due to absence from duty caused by an accident or injury that occurred while the employee
was engaged in the performance of his or her duties. Any employee absent due to an
injury incurred in the performance of his or her duties shall be paid his or her regular
weekly wage until such time as he or she receives workers' compensation checks, at which
time he or she shall then receive only the difference between the amount of the
compensation check and the compensation he or she received from the employer on the
date of the injury. The employee shall reimburse the Employer for any sums paid up to
that date by virtue of the workers' compensation checks. Such differential and full weekly
payment shall be made for a period not to exceed three (3) months from the date of the
accident, without any deduction from paid sick leave. Thereafter, for the next three (3)
months, an employee’s sick leave shall be charged for the differential referenced in this
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section. After six (6) months have elapsed, the employee is not eligible for any continuing
differential.
Section 6.6 --Personal Leave
In the first year of employment, members of the bargaining unit will earn one-half personal
day per month, subject to a maximum of four (4) personal days, without loss of pay per
year. The Superintendent may, in his/her discretion, permit an employee to borrow up to
two (2) days against days that have not yet been earned. This accrual provision shall not
apply to bereavement leave. 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 work day. The reasons for which personal days are
granted are:
1. A death of a close friend or a relative other than those individuals listed in
Section 6.4;
2. An emergency which arises over which the employee has no control;
3. Legal business;
4. Wedding ceremony within the employee's immediate family; immediate
family defined as son, daughter, mother, father, sister, brother, grandparent,
or grandchild;
5. Religious holidays; and
6. Up to two (2) of the four (4) days may be used for necessary sensitive
personal business that cannot otherwise be conducted outside the work day.
When an employee notifies his or her supervisor of his or her intent to use a personal day,
he/she will indicate for which of the six (6) reasons, listed above, the day is being taken,
and for leave under paragraph 2 above (emergency situations) shall describe the specific
circumstances that cause the absence to be a matter of pressing personal need that cannot
otherwise legitimately be performed outside the work day.
Except in cases of emergency, notice shall be given to the employee's supervisor at least
forty-eight (48) hours in advance. In cases of emergency, such notice shall be given as
soon as possible once the employee is aware of the need for such leave.
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 may be made for situations which arise over which the employee has no
control, as determined by the Superintendent in his/her discretion.
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Section 6.7 - 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 to jury call.
Section 6.8 - Maternity and Adoption Leave
a. 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.
b. 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. The Board shall be notified at least thirty (30) days
before the estimated time of commencement of the leave.
c. 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.
d. 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.
e. To the extent that an employee may be eligible for leave under the FMLA,
any leave taken under this section shall be designated as leave taken under
FMLA, and the amount of unpaid family or medical leave entitlement is
reduced by the amount of paid leave that is substituted.
ARTICLE VII
GRIEVANCE PROCEDURE
Section 7.0 - 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.
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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 (during the summer recess, a work day is
defined as a day upon which the Superintendent’s office is open).
Section 7.1 - Procedures:
A grievant and the Union Representative (if the grievant so desires) shall first
discuss the grievance with the Director of Educational Operations.
STEP I Director of Educational Operations
If the matter is not satisfactorily adjusted within two (2) work days,
the grievant shall submit it in writing within five (5) work days to
the Director of Educational Operations. Such written grievance
must be filed within five (5) work days of the date that the grievant
knew or reasonably should have known of the act or circumstances
giving rise to the grievance. The Director of Educational Operations
shall meet with the grievant and a Union representative and must
render his or her decision in writing, with copies to the grievant and
the Union, within five (5) work days of the meeting with the
grievant.
STEP II Failing satisfactory settlement within such time limit, the grievant
may within five (5) work 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) work
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)
work days of such meeting.
STEP III Board of Education
If the matter is not satisfactorily adjusted at the Superintendent’s
level, the grievant may, within five (5) work days after receipt of the
Superintendent's decision at Step I, appeal in writing to the Board,
and such writing shall set forth specifically the basis of the
grievance. The full Board, or a committee of the Board, shall meet
with the grievant and a Union representative at its next regular
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scheduled meeting or a special meeting within thirty (30) work days
from the date the grievance was submitted to the Board. The full
Board, or a committee of the Board, shall render its decision in
writing to the grievant and the Union within five (5) work days of
such meeting.
STEP IV Arbitration
a. If the decision of the Board does not resolve the grievance to the
satisfaction of the Union, it may submit the grievance to the
Connecticut State Board of Mediation and Arbitration in accordance
with its administrative procedures, practices, and rules.
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 the Connecticut State Board of
Mediation and Arbitration must be made no later than fifteen (15)
work days following receipt of the Board's decision.
c. The arbitrator shall hear and decide only one grievance in each case.
He or she shall be bound by and must comply with all the terms of
the contract. He or she shall have no power to add to, delete from,
or modify in any way any of the provisions of this contract.
d. Fees and expenses of the arbitrator shall be borne equally by the
Board and the Union.
Section 7.2 - General Provisions:
a. A grievant may be represented at Steps I and 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.
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.
b. Nothing contained herein shall be construed to prevent any individual
employee from informally discussing a complaint with the Director of
Educational Operations or processing a grievance in his/her own behalf in
accordance with the grievance procedure up to, but not including,
arbitration.
c. Meeting held under this procedure shall generally be conducted on non-
work 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 work hours, persons proper to be present
shall be excused without loss of pay.
d. The arbitrator's decision shall be final and binding.
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e. All documents, communications and records dealing with the processing of
a grievance shall be filed separately from the personnel files of the
participants.
f. The parties may mutually agree to participate in mediation, on such terms
and conditions as may be established in writing.
g. The parties may mutually agree in writing to hold any of the grievance
timelines in abeyance.
ARTICLE VIII
PERSONNEL FILES
Official employee files shall be maintained in accordance with the following procedures:
Section 8.0
Administrators will be encouraged to place in the file information of a positive nature
indicating special competencies achievements, performance 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 by the administration.
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 or her
file.
Section 8.1
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.
Section 8.2
The employee has the right to reply to any document in his or her personnel file with a
formal letter addressed to the Superintendent of Schools. This letter will be placed in the
file.
Section 8.3
The employee shall be permitted to copy materials in his/her file.
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ARTICLE IX
WAGES
Section 9.0
Wage scales and classifications are attached and made part of this Agreement as Appendix
A.
Section 9.1
The Board will provide bargaining unit members hired prior to January 1, 2018 with an
opportunity to obtain the ServSafe certification at least once every five (5) years.
Section 9.2
For purposes of calculating per diem rates in connection with the provisions of the
collective bargaining agreement between the parties, the Board shall use the fraction 1/182.
ARTICLE X
INSURANCE BENEFITS
Section 10.0
A. The Board shall offer to all eligible employees, subject to the conditions herein
stated, the following health insurance coverage, with the features of the insurance
plans outlined, herein below. Enrollment in the insurance plan shall be subject to
any and all eligibility requirements established by the insurance carrier and/or plan
administrator, at group rates subject to conditions imposed by the carriers, with the
employee portion of such coverage to be paid by the employee through payroll
deduction.
1. High Deductible Health Care Plan (HDHP) as outlined in Appendix B-1
with employee paying seventeen percent (17%) of the premium costs, by
automatic payroll deductions. The employee contribution shall increase to
seventeen and one-half percent (17.5%) effective July 1, 2020. The
employee contribution shall increase to eighteen percent (18%) effective
July 1, 2021.
2. The insurance programs cited, hereinabove, are available to all full-time
employees. Should the Board create any part-time positions, part-time
employees shall be eligible to participate proportionally at their own
additional expense, provided that the Board shall pay a prorated amount of
the Board’s share of premiums (e.g., the Board pays 70% of the Board’s
contribution for insurance for a person assigned to a 70% position).
3. Term Life Insurance in an amount equal to two times salary, rounded up to
the nearest $1,000, plus an equal amount of coverage for accidental death
and dismemberment, for each member, and the Board shall pay the full
premium for this insurance.
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4. Vision Care Rider with family coverage. The employee shall pay twenty
and one-half percent (20.5%) of the premium costs.
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 lens(es)
5. frames
5. The Board shall provide each member of the bargaining unit, with family
coverage, the following dental coverage. The employee shall pay twenty
and one-half percent (20.5%).
a. The Blue Cross/Blue Shield Flex Plan for Dental Care 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.
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 percent (80%) of
reasonable and customary charges.
e. Dental coverage shall also include all Rider D benefits (orthodontist)
payable at the rate of sixty percent (60%) 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 dependents to age 25: for employees
hired after July 1, 2004, dependents over nineteen must also be full-
time students.
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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 on Appendix B-2.
B. All members of the bargaining unit who retire after at least twenty (20) years of
service shall be allowed to participate in any or all group insurance plans
maintained for active employees, at the Group Rate under the Group Policies of the
Board at their own expense, if permitted by the insurance carrier. Provisions of this
coverage are to be determined by the terms and conditions of the individual
insurance companies and/or plan administrators.
C. The Board may substitute insurance carriers and/or plan administrators as it sees fit
so long as the new carrier provides reasonably comparable coverage and
administration.
D. 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 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 unit
member 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.
Section 10.1
The Board may, at its option, offer alternative insurance plan(s) to bargaining unit
employees after review of such proposed plan(s) by the Union. The plan design, co-
payment amounts, cost sharing and other provisions of these alternative plans need not
conform to the provisions of this Article. Participation in an alternative plan shall be
voluntary.
Section 10.2
If the Board determines that the total cost of a group health plan offered under this contract
may trigger an excise tax under Internal Revenue Code Section 4980I, or any other local,
state or federal statute or regulation, during the term of this contract, the Board and the
Union will, upon the request of the Board, engage in mid-term negotiations regarding the
impact of such excise tax, in accordance with the Municipal Employee Relations Act
(MERA). Such midterm negotiations may include proposals designed to address the
increased costs of insurance coverage including but not limited to, proposals designed to:
modify the plans so as to reduce the cost of the plans below the excise tax thresholds
and/or reduce the amount of any applicable excise tax, revise employee contributions to the
costs of health insurance coverage, allocate the responsibility for increased costs associated
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with the imposition of the excise tax and/or other insurance proposals designed to address
the increased costs of health insurance coverage.
ARTICLE XI
LONGEVITY
Section 11.0
Longevity payments shall be made to employees who have satisfied the schedule of
continuous years of service as listed below:
Years Amount
5 $650
10 $700
15 $800
20 $1,300
25 $1,500
Only employees hired before July 1, 2008 shall be eligible for the longevity benefit.
ARTICLE XII
SAVINGS CLAUSE
Section 12.0
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.
Section 12.1
In the event that any provision of this Agreement is, or shall at any time be contrary to law,
all other provisions of this Agreement shall continue in effect.
ARTICLE XIII
RETIREMENT
Section 13.0
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.
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Section 13.1
Employees shall be permitted to participate in the 457 Plan offered by the Board of
Education after one year of employment.
For employees hired on or before December 31, 2017, contribution by the Board is 3% of
base (not including overtime or longevity) pay up to the beginning of the fiscal year
following the completion of the fourth year of employment. Thereafter, the Board will
contribute 6% of base (not including overtime or longevity) pay.
For employees hired on or after January 1, 2018, contribution by the Board is 2% of base
(not including overtime or longevity) pay up to the beginning of the fiscal year following
the completion of the fourth year of employment. Thereafter, the Board will contribute 4%
of base (not including overtime or longevity) pay.
Employees may contribute into and withdraw monies from the 457 Plan in accordance
with limits established under federal law. If the account is closed completely, the
employee shall be excluded as a participant in the future. The Board contribution shall be
made to the 457 Plan through payroll deduction in accordance with law.
ARTICLE XIV
DURATION
Section 14.0
Unless otherwise indicated in this Agreement, this Agreement shall become effective on
execution by the parties and shall remain in effect until June 30, 2022.
Section 14.1
This Agreement shall remain in full force and effect during negotiations for a successor
agreement, in accordance with the Municipal Employees Relations Act.
WHEREFORE, the parties have caused their representatives to set their hands on the dates
noted below.
COLCHESTER BOARD OF EDUCATION
Date ______________ By ______________________________
LOCAL 818, COUNCIL #4, AFSCME,
AFL-CIO
Date ______________ By_______________________________
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APPENDIX A
SALARY SCHEDULE
7/1/19 7/1/20 7/1/21
Cafeteria Manager $22.19 $22.63 $23.08
District Nutrition Program
Coordinator $37.16 $37.90 $38.66
The wage rate for newly hired employees shall be established by the
Superintendent, except that such rate shall not be less than 20% of the rate noted above for
the position for the appropriate year. Said wage rate shall be the new position rate and
shall be subject to the negotiated annual increases.
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APPENDIX B-1
HIGH DEDUCTIBLE HEALTH CARE PLAN:
(Following are some of the co-pay, deductible, and coverage features of the HDHP Plan)
BENEFIT
COST SHARES
In-Network services and Out-of-Network services subject to deductible
and coinsurance.
No Referrals Required
Deductible: $2,000 Individual, $4,000 Two or More
Out-of-pocket Maximum $4,000 Individual, $6,850 (In Network) $8,000
(Out of Network) Two or More
In Network Coinsurance 100%
Lifetime Maximum In-Network - Unlimited
Out-of-Network Benefits
Coinsurance 80% / 20%
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
EMERGENCY SERVICES
Emergency Room 100% after deductible
Urgent Care Facility 100% after deductible
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BENEFIT
COST SHARES
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 100% after deductible
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.
The Board will contribute towards an employee’s applicable HDHP deductible amount as
set forth below. The Board’s contribution toward the HDHP deductible will be deposited
into the HSA accounts on the schedule set forth below. The parties acknowledge that the
Board’s contribution into the HSA account (or HRA contribution) is not an element of the
underlying insurance plan, but rather relates to the manner in which the deductible shall be
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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.
The Board will contribute to the annual deductible for employees’ HDHP in the amounts set
forth below:
50% of the employee’s annual deductible
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 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.
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.
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APPENDIX B-2
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
Initial and periodic oral exams and cleanings Payable at 100% of usual, customary and reasonable charges
Topical application of fluoride at participating dentists.
Space maintainers
X-rays
Emergency Treatment
Prophylaxis
Space Maintainers
Basic Services
Fillings Payable at 80% of usual, customary and reasonable charges at
Root Canals 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
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MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding (hereinafter “MOU”) is made by and between the
Colchester Board of Education (hereinafter “BOARD”) and Local #818, Council 4,
AFSCME, AFL-CIO (the “UNION”), hereinafter sometimes referred to as the “parties.”
WHEREAS, the parties just completed negotiations for a new collective bargaining
agreement to be effective upon execution through June 30, 2022 (the “Agreement”); and
NOW THEREFORE, the parties agree as follows:
There is one employee who still receives the medical insurance waiver payment in
Article 10 of the 2017-19 Agreement. That individual remains eligible as long as
the employee continues to opt out of insurance. If the employee enrolls in the
Board’s health insurance program, and opts out in the future, the employee would
no longer be eligible for the waiver.
IN WITNESS WHEREOF, the aforementioned parties, intending to be legally bound
hereby, have executed this MOU.
COLCHESTER BOARD OF LOCAL 818, AFSCME,
EDUCATION: COUNCIL 4, AFL-CIO:
By:________________________ By:________________________
Bradley Bernier
Board Chair UNION President
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