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AGREEMENT
BETWEEN
THE COLCHESTER BOARD OF EDUCATION
AND
UNITED.PJmJ~lC. SERVICE EMPLOYEES UNION,
LOCAL 424 - UNIT 54
COLCHESTER BOARD OF EDUCATION NURSES
July 1, 2019 through June 30, 2023
8069843v2
TABLE OF CONTENTS
PAGE
ARTICLE I RECOGNITION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
ARTICLE II BOARD'S PREROGATIVES . . . ....... ........... .. . . . .................. 1
ARTICLE III NON-DISCRIMINATION................................................ 3
ARTICLE IV WORKING CONDITIONS............................................... 3
ARTICLEV LEAVES OF ABSENCE.................................................. 6
ARTICLE VI SENIORITY................................................................. 9
ARTICLE VII PERSONNEL FILES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
ARTICLE VIII GRIEVANCE PROCEDURE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
ARTICLE IX UNION RIGHTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
ARTICLEX CONDITIONS OF EMPLOYMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
ARTICLE XI FRINGE BENEFITS....................................................... 14
ARTICLE XII SAVINGS CLAUSE....................................................... 16
ARTICLE XIII MISCELLANEOUS........................................................ 16
ARTICLE XIV MATTERS NOT COVERED ............................................ 17
ARTICLE XV DURATION................................................................. 17
ARTICLE XVI RETIREMENT PLAN..................................................... 18
ARTICLE XVII SALARY SCHEDULES . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
SIGNATURE PAGE .............•......................................... 20
APPENDICES A-B INSURANCE PROGRAMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
AGREEMENT
BETWEEN
THE COLCHESTER BOARD OF EDUCATION
AND
THE COLCHESTER BOARD OF EDUCATION NURSES,
UNITED PUBLIC SERVICE EMPLOYEES UNION
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 Board of Education Nurses, United Public Service Employees Union (UPSEU),
(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 school nurses employed by the Colchester School System selected as their
sole representative the Union, resulting in the Union becoming exclusive bargaining representative
for the school nurses 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 the School
Nurses excluding employees in such classifications who work less than twenty (20) hours per
week, 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;
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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, 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 provisions herein
elsewhere contained shall be subject to the grievance and arbitration provisions of this Agreement.
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ARTICLE III
NON-DISCRIMINATION
The Board agrees to continue its policy of non-discrimination against any bargaining unit members
on the basis of any Federal or State of Connecticut protected classifications, 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 school nurse 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 4, A).
ARTICLE IV
WORKING CONDITIONS
A. Work Year:
1. The work year for school nurses shall be 184 days, as reflected on the Salary
Schedule. The Board reserves the right to schedule the work year for school nurses
between 181 and 200 days, subject to paragraph 2 below. Should the Board
exercise this option and change the work year, the Board shall provide written
notification on or before May 1sT for a change in the work year in the following
school year. The salary schedule shall be adjusted pro rata for any such change in
the work year.
2. The work year shall be as assigned by the school administration in accordance with
the school calendar. Employees shall receive a tentative schedule during the month
of September. If the Board changes the work year, it will negotiate with the Union
over the impact of the changed work year on members of the bargaining unit.
B. Work Hours:
1. Employees shall be paid for hours worked.
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, unless a full day is canceled, in which case said day may be rescheduled
by the Superintendent. The work schedule as assigned by the Superintendent shall
not depend upon whether school for students is closed early, starts late or is
canceled for the day.
3. The work day for building nurses shall consist of a seven and one-half (7 .5) hour
day. Building nurses shall be at their assigned stations at least twenty (20) minutes
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before students' arrival time. Building nurses working a full-time schedule shall
remain in the building after the close of school for consultation with parents,
teachers and administrators and to provide aid to students as needed. The 7 .5 hour
work day shall also include the time for the fulfillment of additional duties
consistent with established practice. The Board may establish building nurse
schedules that are between seven and one-half (7.5) and eight and one-half (8.5)
hours in length on specific days in order to encompass the time needed for district
after school activities, if any.
If any school nurse is regularly scheduled to work longer than a 7 .5 hour day,
she/he shall receive an additional annual salary payment reflective of an hourly rate
calculated by dividing his/her annual salary by the regularly scheduled hours in the
work year (the number of days scheduled in accordance with paragraph A. l. above
times 7. 5 hours).
In addition to the building nurse positions, the Board may establish additional
bargaining unit nurse positions, with the schedule set for each position on an annual
basis by the Superintendent of Schools.
4. Vacancies directly caused by the creation of new positions, death, retirement,
resignation or any other severance from employment shall be posted for five (5)
days on the district's website. However, the Board reserves the right to make
interim appointments. The most qualified applicant to the position shall be
appointed. Qualifications shall be determined by the Superintendent, whose
judgment shall be final and binding.
5. With the prior approval of the Superintendent, once per month the Nurse Supervisor
may meet with all employees (as a group) under his/her supervision for up to one
hour to provide updates and review procedures after normal school hours.
Employees shall be compensated at their appropriate rates of pay for attendance.
6. As part of the responsibility for directing and supervising school nurses articulated
in the Nurse Supervisor job description, the Nurse Supervisor will engage in on-site
supervision at least once per month at each school health office.
7. After School Activities/Summer Programs:
a. The administration shall publicize the availability of after school activities
and summer coverage assignments to school nurses within the bargaining
union as soon as practicable after such assignments become known to the
administration.
b. While bargaining unit nurses may volunteer for such assignments, the
administration shall not be required to use bargaining unit nurses for such
assignments.
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c. The parties acknowledge that the administration may utilize outside
contractors and/or substitute nurses in order to accommodate the need for
nursing care for after school activities or summer programs.
d. Bargaining unit nurses who provide nursing coverage for after school
activities during the student school year (which cause the nurse's hours on a
particular day to exceed 7. 5 hours), shall be compensated for such activities
at an hourly rate calculated by dividing the nurse's annual salary divided by
the regularly scheduled hours in the work year, (the number of days
scheduled in accordance with paragraph A.1. above times 7.5 hours).
e. Bargaining unit nurses who provide nursing coverage for summer programs
shall be compensated for such programs at an hourly rate calculated by
dividing the nurse's annual salary divided by the regularly scheduled hours
in the work year, (the number of days scheduled in accordance with
paragraph A.1. above times 7.5 hours).
f. In the event that the administration is not able to obtain nursing coverage for
such assigmnents, either through volunteers from the bargaining unit,
substitutes or contracted nursing services, the Board reserves the right to
require bargaining unit employees to provide such coverage. The school
nurse supervisor shall be responsible for arranging for coverage in such
instances. When possible, the Board shall give at least two (2) calendar
days' notice of the need for such coverage.
C. Every employee represented by this Agreement will be given a duty-free lunch period of
not less than twenty (20) minutes incorporated within the above designated work day.
D. Tentative Assigmnents:
Employees should be notified in writing of their tentative assigmnent for the next school
year on or about June 1st. Any change(s) made in the table of organization made through
the annual budgetary process by the Board that leads to the elimination of positions within
the bargaining unit shall be subject to discussion with the Union at least four (4) weeks
prior to the change(s) going into effect. For all other position eliminations, the Board shall
discuss the change(s) with the Union at least two (2) weeks in advance.
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
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destruction was acting in the discharge of duties within the scope of employment or under
the direction of the Board as set forth in Connecticut General Statutes §10-235.
Complaints under this paragraph are excluded from the grievance arbitration procedure in
this contract. (Article vm Step 4, A).
F. Probation:
New employees shall serve a probationary period of ninety (90) working days that do not
include days missed because of illness or other leave, 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 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 employment.
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.
ARTICLEV
LEAVES OF ABSENCE
Sick Leave:
A. Every employee will receive sick leave of eighteen (18) days a year prorated on the basis
of one and one-half (1 ½) days per month accumulated up to one hundred fifty (150) days.
Justification of excessive absenteeism may be required by the inunediate supervisor.
Employees may use up to six (6) days per year of paid sick leave to care for an inunediate
family member. For the purposes of this paragraph, inunediate family member shall be
defmed as spouse, parent, brother, sister, child, grandparent, or grandchild.
B. Sick leave may be taken in full day or one-half (1/2) day increments.
Childbirth:
Absence for employee for birth of child to spouse not to exceed two (2) paid days in any school
year, except as may be required by law.
Funeral 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, with such days to
be taken either inunediately following the date of death or contiguous with the funeral/memorial
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service (funeral leave days need not be taken all at the same time). For the death of any other
member of the immediate family, this absence shall not exceed three (3) days. Members of the
immediate family include: parents of current spouse, grandparents, grandchildren, brothers,
sisters, and any relation who resides in the employee's household.
Such leave shall be with pay. Upon request and in special circumstances, the Superintendent may
grant such leave in excess of four (4) days.
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 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 above for
funeral leave.
2. An emergency which arises over which the employee has no control;
3. Legal business;
4. Wedding within the employee's immediate family; immediate family defmed as son,
daughter, mother, father, sister, brother, grandparent, or grandchild;
5. Religious holiday.
6. Employee's child/step-child or grandchild's graduation from High School or
College.
7. Up to one (1) day for which no specific reason is required to be given.
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 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 which
arise over which the employee has no control; and may be made for extenuating
circumstances by the Superintendent.
F. Personal leave may be taken in full day or one-half (1/2) day increments.
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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.
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 shall be
notified if possible 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 anticipated 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.
Leaves Without Pay:
Leaves of absence without pay may be granted upon application 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.
Family and Medical Leave Act:
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 leaves taken under this
agreement that are covered by this Act shall run concurrent with any leave under the federal
Family and Medical Leave Act.
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Medical Verification for Illness related Leaves:
The Board reserves the right to verify the need for and period of disability through review by a
physician it selects and pays for.
ARTICLE VI
SENIORITY
A. School nurses will have system wide seniority, based upon the length of service with the
Colchester School System.
B. Layoffs:
In the event layoffs, school nurses with the least seniority shall be laid off first. If seniority
is the same for two employees, the decision as to which one is retained will be made by the
Superintendent based upon the qualifications of the employee to perform the duties.
All employees who have been laid off will be placed on a recall list for two (2) years and
must be offered re-employment 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) calendar days,
then that employee relinquishes all rights to recall.
C. Nursing personnel presently working on a part-time basis (less than twenty (20) hours per
week) shall be given preference for full-time vacancies, provided that they are qualified to
perform the job responsibilities as determined by the Superintendent.
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.
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B. The employee shall upon request be given the opportunity to review and/or obtain copies of
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.
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.
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 (during the summer recess, a work day is defined as a
day upon which the Superintendent's office is open).
Procedures:
A grievant and a Union Representative (if the grievant so desires) shall first discuss the grievance
with their school principal or Director of Pupil Services and Special Education.
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 Director of Pupil Services and
Special Education. 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 Director of Pupil Services and Special
Education 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 at Step I, the grievant may
within five (5) days appeal the Step I decision 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 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 Board Level Grievance
Failing satisfactory settlement within such time limit at Step II, the grievant may,
within five (5) days, appeal the Step II decision in writing to the Board of
Education. The Board shall hold a hearing with the employee within twenty (20)
days of the receipt of the written grievance and render a decision in writing to the
grievant and the Union within ten (10) days of the hearing.
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 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 Board's decision.
C. The arbitrator shall hear and decide only one grievance in each case unless otherwise
agreed to by the parties. 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 self-represented at steps one through three of the grievance procedure or
by a Union Officer or Unit Representative.
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B. Nothing contained herein shall be construed to prevent any individual employee from
informally discussing a complaint with his/her school principal or Director of Pupil
Services and Special Education.
C. Meetings held under this procedure shall generally be conducted on non-school time at a
place that 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 required 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. During the summer recess a written grievance must be filed within twenty (20) days of the
date that the grievant should have been logically aware of the act or circumstances giving
rise to the grievance.
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 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, through posting on the district's website.
Minutes of Board meetings shall be made available to the official Union
representative electronically, through posting on the district's website.
B. Copies of Agreement:
The Board agrees to post the collective bargaining agreement on its website.
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C. School Visitations:
The Board shall permit the Union 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. This permission shall not be unduly
withheld. 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 so as
not to interfere with the duties and responsibilities of the school employee(s).
D. Dues Deduction:
1. The Board agrees that, upon submission of a 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. All employees may remain or become a member of the Union.
3. The Board shall deduct the amount certified by the Union as the annual dues from
the pay of each Union member 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.
4. Payments for new employees shall commence within thirty (30) days following the
receipt of a written authorization for deduction.
5. 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.
ARTICLEX
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 information pertaining to all applicable insurance policies and
contracts. Copies of the insurance policies and contracts are also available on request.
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Eligible employees electing to emoll in the Board's insurance program will receive the
insurance coverage as listed below. Any unit member hired on or after July 1, 2020 must
be regularly scheduled to work thirty (30) hours per week to emoll in the Board's
insurance program.
The Board shall provide the following coverage, subject to the conditions herein stated, to
all eligible employees as described above.
1. The High Deductible Health Care Plan (HDHP) as outlined in Appendix A with the
employee paying sixteen percent (16%) for contract year 2019-2020 and 2020-2021,
shall increase to seventeen percent (17 %) for 2021-2022, and shall increase to
eighteen percent ( 18 %) for 2022-2023.
The Board shall provide prescription drug with family coverage for employees
through the applicable forrnulary, with employee retail co-payments of $10/$25/$40
(generic/preferred brand/non-preferred brand) and mail order co-payments of
$10/$50/$80 (generic/preferred brand/non-preferred brand) for a 90 day supply.
There is an unlimited maximum. Drug co-payments are applicable after the
deductible is met.
2. The following Vision Care Rider, with family coverage is provided to each eligible
unit member with the same premium share as noted in Section Al, 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
3. The Board shall provide each eligible unit member of the bargaining unit electing
insurance with family coverage the following dental coverage with the same
premium share as noted in Section Al, hereinabove:
a. The Blue Cross/Blue Shield FLEX Plan for Dental Care as outlined in
Appendix B 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.
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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 (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.
The conditions set forth in this subsection shall not replace any conditions
set forth under applicable state or federal law.
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 B.
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 within
the bargaining unit 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 plan administrators.
C. The Board may substitute insurance carriers as it sees fit so long as the new carrier
provides reasonably comparable coverage and administration. The agreement of the Union
must be obtained in writing before a carrier is changed by the Board. The Agreement of
the Union shall not be unreasonably withheld. Disputes as to comparability are to be
resolved forthwith by final and binding arbitration before a mutually agreeable arbitrator
experienced in matters of insurance coverage.
E. All bargaining unit members shall receive Twenty--Thousand ($20,000) Dollars in life
insurance.
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
15
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 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.
ARTICLEXIl
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. 1. Each school nurse may be allowed time of up to three (3) working days during each
contract year for planned professional growth with the approval of the
administration without loss of salary.
2. Nurses requesting such leave shall make such request at least two (2) weeks in
advance.
3. The Board of Education shall reimburse expenses which are approved at least one
day in advance by the Director of Pupil Services and Special Education.
B. Any employee required by the Board to use h.is/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.
C. The Union shall not instigate, support or condone any strike, slowdown or interference
with the orderly operation of the school system.
D. The Board shall reimburse any member of the bargaining unit for the cost (tuition,
materials) of specialized training as the Board may require.
16
E. The Board shall promptly reimburse employees for any liability insurance that covers
licensure proceedings paid for by the employee upon receipt of proof of purchase each
school year up to $110 per year.
F. Subject to budgetary limitations and with the prior approval of the Superintendent,
employees shall be promptly reimbursed for the cost of any seminar, conferences or similar
event and reasonable expenses toward attendance of such event directly related to the
nursing profession up to five hundred dollars ($500) per school year. Employees shall be
compensated at the appropriate hourly rate for all hours worked while in attendance during
regular working hours.
G. The Nurse Supervisor shall plan for one training each academic year that shall happen on a
Professional Development day. The district shall allocate $500 per year for the costs
associated with this professional development program. This training must receive approval
from the Director of Special Education and Pupil Personnel.
ARTICLE XIV
MATTERS NOT COVERED
With regard to the matters not covered by this Agreement, the Board agrees to make no changes in
existing policy that would affect hours, wages or other conditions of employment without prior
consultation with the Union, except that unilateral change in major terms and conditions of
employment (i.e. mandatory subjects of bargaining) shall require negotiations between the parties.
ARTICLE XV
DURATION
A. This Agreement shall be effective upon ratification by the unit and approval by the Board
and shall remain in effect through June 30, 2023, notwithstanding the foregoing, salary
increases shall be retroactive to July 1, 2019.
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 XVI
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/individual LR.A. plan, as set out below. The
17
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 unit members hired on or after July 1, 2020, contribution by the Board is 3 % of base
(not including overtime) 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) 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.
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.
18
ARTICLE XVII
SALARY SCHEDULES
The parties agree to the following general wage increase schedule:
Year 1 effective and retroactive to July 1, 2019 2.25%
Year 2 effective July 1, 2020 2.00%
Year 3 effective July 1, 2021 2.00%
Year 4 effective July 1, 2022 2.00%
Step 2019-20 2020-21 2021-22 2022-23
1 $48,320.66 $49,287.07 $50,272.82 $51,278.27
2 $50,572.15 $51,583.60 $52,615.27 $53,667.58
3 $52,823.56 $53,880.03 $54,957.63 $56,056.78
4 $56,179.25 $57,302.83 $58,448.89 $59,617.87
Nurse Supervisor Stipend -- $5,000 each year.
Initial step placement of bargaining unit members shall be determined by the Superintendent,
provided that new employees shall not be placed higher than existing employees who have
demonstrated similar experience and skill levels.
All bargaining unit members not on the maximum step moved one step on July 1, 2019.
All bargaining unit members not on the maximum step shall move one step on July 1, 2020.
All bargaining unit members not on the maximum step shall move one step on July 1, 2021.
All bargaining unit members not on the maximum step shall move one step on July 1, 2022.
19
SIGNATURE PAGE
COLCHESTER BOARD OF EDUCATION
Date ;..2-/43/). OJ 7 (
I
Date _ _ _ _ _ __ By: - - - - - - - - - - -
UPSEU, Unit 54 - COLCHESTER BOARD OF EDUCATION NURSES
Date / ;J,/ BD/lJ
Date /";?- ';f}() '/ If
20
APPENDIX A
INSURANCE PROGRAMS
HIGH DEDUCTIBLE HEALTH CARE PLAN FOR 2019-2020, 2020-2021 AND 2021-2022:
(Following are some of the co-pay, deductible, and coverage features of the HDHP Plan)
BENEFIT ..
COSTSHARES
... .. .· .
.· ·.
•..
..
..
. ...
········•·····•···.····•·
. .
·.
. .
·.. ·
. .
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 (Shared In-
Network and Out-of-Network)
In Network Coinsurance 100%
--·-
Lifetime Maximum In-Network - Unlimited
Out-of-Network Benefits
Coinsurance 80 % / 20 % .
In-Network: Out-of-pocket Maximum $4,000 Individual, $7,900
':.· Two or More; (Shared with Out-of-Network)
Out-of-Network Out-of-Pocket Maximum: $4,000 Individual,
$8,000 Two or More (Shared with In-Network)
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
Outoatient - PT/OT 100% after deductible
Chiropractic 50 visits per calendar year
Add'! coverage after 50 visits subject to OON
deductible/coinsurance
21
BENEFIT
COST SHARES . . ..
·.
.. ..
. .
.
Allergy Services 100% after deductible
Dia!!nostic Lab & X-rav 100 % after deductible
_§1,1!:g~ry: Fees 100% after deductible
Office Surge_ry 100 % after deductible
Outnatient MH/SA 100% after deductible
-----------
EMERGENCY
- -
. ... :
· .· . .· . .
·•·
SERVICES . . . ..
·.
·. . <. ... ·. . . :·- ... ,_ .
> .·
Emerg~I1c:y Room 100 % after deductible
Urgent Care Facili!Y 100% after deductible
Ambulance 100% after deductible
INPATIBNT HOSPITAL> Note:All hosnitaladmissions :require• nre-cei:t· ........
-·-- <:-.,- _- \'>:._i
General/Medical & Surgical 100 % after deductible
Ancillary Services
(Medication, SunnJies) 100% after deductible
Psvchiatric 100% after deductible
Substance Abuse/Detox Covered 100%
Rehabilitative 100 % after deductible
Covered uo to 100 davs oer calendar vear.
Add'! coverage after 100 days subject to OON
deductible/coinsurance
~lciJled Nursing Facili!)' 100 % after deductible
120 days oer calendar vear
Hosnice 100% after deductible
OUTPATIBNT ••
HOSPITAL .. · .. . ·.· . .
Qutnatient Sur!!eru 100 % after deductible
Facilitv Char!!es
Dia!!nOstic Lab & X-ray 100% after deductible
22
BENEFIT
COST SHARES . ...
·
.
.
. ;-
.
.
·.· ·.
Pre-Admission Testing 100% after deductible
~ ~ . .
·. .
•.. .· ... ·
'OTHER SERVICES .. ·. . . . ··• .·
Durable Medical Eauioment 100% after deductible
Prosthetics 100% after deductible
Home Health Care 100% after deductible
----·"
200 visits oer calendar vear.
··---- " --- ---·--"·"·- -
Infertility Services 100% after deductible
_,_ _______
Prescription Drugs After deductible is met: 2 x retail for mail order / $10 generic,
$25 oreferred brand, $40 non- preferred brand; Unlimited max.
23
APPENDIX A-1
INSURANCE PROGRAMS
(Following are some of the co-pay, deductible, and coverage features of the HDHP Plan
Effective July 1, 2022)
BENEFIT
·. . . . .
' >.. . ,,:-"
COST SHARES·.· . ·. . . . ·-.- ·:_,_
_· ..
.. ·. . . · .· ·. . _. ·-·-- -.-- • ,, -· c'·
In-Network services and Out-of-Network services subject to
deductible and coinsurance.
No Referrals Required
Deductible: $2,250 Individual, $4,500 Two or More (Shared In-
Network and Out-of-Network)
In Network Coinsurance 100%
Lifetime Maximum In-Network - Unlimited
Out-of-Network Benefits
Coinsurance 80% / 20%
In-Network Out-of-pocket Maximum: $4,500 Individual, $8,150
Two or More (Shared with Out-of-Network)
Out-of-Network Out-of-pocket Maximum: $4,500 Individual,
$9,000 Two or More (Shared with In-Network)
Lifetime Maximum Out-of-Network - Unlimited
Only In-Network Benefits Illustrated Below
PREVENTIVECARE. · • . Annual ...
.·
.· .. .... . ...
.
.. . . ...
Pediatric Covered 100% - Not Subiect to Deductible
Adult Covered 100% - Not subiect to Deductible
Vision Exam Covered 100% - Not Subiect to Deductible
Hearing Covered 100% - Not Subiect to Deductible
Routine Gvnecological Covered 100% - Not Subiect to Deductible
. .
MEDICAL SERVICES . . .· . ·.
Medical Office Visit 100% after deductible
Outnatient - PT/OT 100 % after deductible
. C,liiropractic 50 visits per calendar vear
Add'! coverage after 50 visits subject to OON
deductible/coinsurance
Allt)!gy Services 100 % after deductible
Dia1mostic Lab & X-ray 100% after deductible
24
BENEFIT
COST SHARES . .
.. -
. ·.
.
..· .
· .. . . .·.
Sun1erv Fees 100% after deductible
Office Surnerv 100 % after deductible
Outnatient MH/SA 100% after deductible
. -- - .. -~,.-~ .....
. ·.
EMERGENCY SERVICES . .. ·. : . ' .. ·,_ . . . • ·.· .
Emerl!ency Room 100% after deductible
_Urgent Care Facility 100 % after deductible
Ambulance 100 % after deductible
·. ·. .
INPATIENT HOSPITAL . ·· Note: All.hosoital admissionsreauire ore-cert ..
General/Medical & Sur!!ical 100 % after deductible
Ancillary Services
(Medication, Sunnlies) 100 % after deductible
Psvchiatric 100% after deductible
Substance Abuse/Detox Covered 100%
Rehabilitative 100 % after deductible
Covered uo to 100 days 2er calendar year.
Add'l coverage after 100 days subject to OON
deductible/ coinsurance
Skilled Nursinl! Facilitv 100 % after deductible
120 days 2er calendar year
Hosoice 100 % after deductible
OUTPATIENT HOSPITAL . . ·.
..... .
•.
. .
.
. --· ·.
.
Outnatient Surg<!1c"V 100 % after deductible
Facility Charges
Dia!!nostic Lab & X-rav 100 % after deductible
Pre-Admission Testinl! 100 % after deductible
. .
OTHER SERVICES . • ..... . .
Durable Medical Eauioment 100 % after deductible
25
BENEFIT
. ..
COST SHARES .· . ·.·· . . . .....·.··· .·. .
•
Prosthetics 100 % after deductible
Home Health Care 100% after deductible
200 visits per calendar vear.
-··-·-·----
Infertility Services 100% after deductible
Prescription Drugs After deductible is met: 2 x retail for mail order / $10 generic,
$25 preferred brand, $40 non- oreferred brand; Unlimited max.
This insurance matrix appendix contains a summary and description of the HDHP 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.
26
APPENDIX A-2
INSURANCE PROGRAMS
The Board will contribute to the annual deductible for employees' HDHP each year of the
Agreement in the amounts set forth below:
50 % for the individual plan
50% for the 2-person or family plan
The Board will make its contribution to an employee's HSA (Health Savings Account) or HRA
(Health Reimbursement Arrangement) 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 are not be eligible for an HSA (ex: Medicare enrolled or receiving
benefits from TriCare or VA), 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.
27
APPENDIXB
INSURANCE PROGRAMS
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
Dia211ostic and Preventive Services
Initial and periodic oral exams and cleanings Payable at 100% of usual, customary and reasonable
Topical application of fluoride charges at participating dentists.
Space maintainers
X-rays
Emergency Treatment
Prophylaxis
Space Maintainers
Basic Services
Fillings Payable at 80 % of usual, customary and reasonable charges
Root Canals at participating dentists.
Stainless steel crowns
Extractions
Oral Surgery
Repair and relining of dentures
Apicoectomy
lnlays 1/tooth/5 years
Onlays 1/tooth/5 years
Crowns l/tooth/5 years
.
Major Services
Orthodontics Payable at 60 % of usual, customary and reasonable charges
at oarticioatin!! dentists (to age 19) - $600 lifetime maximum
28
MEMORANDUM OF AGREEMENT
In the recently-concluded negotiations, the Colchester Board of Education and the Colchester
Board of Education Nurses reached the following agreement:
The nurse supervisor in the position as of October 1, 2019, shall be grandfathered at a
7 .5 hour normal work day schedule, as she has nursing supervisor duties that regularly
extend her day.
COLCHESTER BOARD OF UPSEU UNIT 54 - COLCHESTER BOARD OF
EDUCATION EDUCATION NURSES
By _ _ __,,,__ _ _ _ _ _ _ _ _ __
29