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AGREEMENT
BETWEEN
THE COLCHESTER BOARD OF EDUCATION
AND
UNITED PUBLIC SERVICE EMPLOYEES UNION,
LOCAL 424 – UNIT 54
COLCHESTER BOARD OF EDUCATION NURSES
July 1, 2023 through June 30, 2027
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
ARTICLE V LEAVES OF ABSENCE ................................................................... 6
ARTICLE VI SENIORITY ...................................................................................... 9
ARTICLE VII PERSONNEL FILES ......................................................................... 9
ARTICLE VIII GRIEVANCE PROCEDURE............................................................ 10
ARTICLE IX UNION RIGHTS ............................................................................... 12
ARTICLE X CONDITIONS OF EMPLOYMENT ................................................ 13
ARTICLE XI FRINGE BENEFITS ......................................................................... 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;
to give the children of Colchester as nearly equal advantages as may be practicable;
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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.
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
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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 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
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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.1. 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.
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).
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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 assignments, 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 Assignments:
Employees should be notified in writing of their tentative assignment for the next school year
on or about June 1st. Any change(s) made in the table of organization 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 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 VIII 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.
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G. Just Cause:
No employee shall be suspended or discharged without just cause. Objections to earlier
written or verbal discipline may be raised at the time of suspension or discharge.
ARTICLE V
LEAVES OF ABSENCE
Sick Leave:
A. Every employee will receive sick leave of eighteen (18) days a year prorated on the basis of
one and one-half (1½) days per month accumulated up to one hundred fifty (150) days.
Justification of excessive absenteeism may be required by the immediate supervisor.
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.
B. Sick leave may be taken in full day or one-half (1/2) day increments, except that one sick day
per calendar year may be taken in as little as one-quarter (1/4) 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 immediately following the date of death or contiguous with the funeral/memorial 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.
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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 defined 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 two (2) days 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 when the nurse is able to
arrange for a substitute or 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, except that one
personal day per calendar year may be taken in as little as one-quarter (1/4) day increments.
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.
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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.
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.
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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 emailed and mailed, return receipt requested, to the
last address and email 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.
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.
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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.
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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 State Board of Mediation & Arrbitration, 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.
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.
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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, or to comply with the mandates of Public Act 21-25, 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.
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 or otherwise in accordance with Public
Act 21-25. 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:
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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.
ARTICLE X
CONDITIONS OF EMPLOYMENT
Prior to making any changes in the terms and conditions of employment, the Board shall negotiate
such changes with the Union in accordance with law.
ARTICLE XI
FRINGE BENEFITS
A. Each employee will receive information pertaining to all applicable insurance policies and
contracts. Copies of the insurance policies and contracts are also available on request.
Eligible employees electing to enroll 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 enroll 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 eighteen percent (18%) for the duration of the contract.
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The Board shall provide prescription drug with family coverage for employees
through the applicable formulary, 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 A1, hereinabove.
Coverage is provided according to policy schedule:
a. Visual examination, including refractions.
b. Lens, including coverage for:
(1) Single lenses
(2) Bi-focal lenses
(3) Tri-focal lenses
(4) Contact lense(s)
(5) Frames
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 A1, 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.
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.
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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 Fifty- Thousand ($50,000) 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
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.
ARTICLE XII
SAVINGS CLAUSE
1. If any provision of this Agreement is, or shall at any time be contrary to law, then such
provision shall not be applicable or performed or enforced, except to the extent permitted by
law, and any substituted action shall be subject to appropriate consultation and negotiation
with the Union.
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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 his/her personal automobile in the discharge of
his/her job duties, shall be reimbursed for his/her mileage at the I.R.S. approved rate.
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.
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.
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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, 2027, notwithstanding the foregoing, salary
increases shall be retroactive to July 1, 2023.
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 I.R.A. plan, as set out below. The key provisions
of the plan are set out below for informational purposes. The Plan shall be as set out in the
Plan documents, which shall be controlling, and which are available to unit members upon
request.
B. For 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.
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ARTICLE XVII
SALARY SCHEDULES
The parties agree to the following general wage increase schedule:
Year 1 effective and retroactive to July 1, 2023 4.00% $62.002.58
Year 2 effective July 1, 2024 3.50% $64,172.67
Year 3 effective July 1, 2025 4.00% $66,739.57
Year 4 effective July 1, 2026 3.50% $69,075.45
Nurse Supervisor Stipend -- $6,500 each year.
Employees who have at least five (5) years of service in the bargaining unit and are active on
the payroll as of July 1, 2023 shall receive a longevity payment of $1,000 in the month of
December 2023. Thereafter, employees who are active on the payroll shall receive a
longevity payment of $1,000 in December of the year in which they attain each milestone of
five years of service (i.e. at 5 years, 10 years, 15 years, etc.).
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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
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 (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
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
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BENEFIT
COST SHARES
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
Ambulance 100% after deductible
INPATIENT HOSPITAL Note: All hospital admissions require pre-cert
General/Medical & Surgical 100% after deductible
Ancillary Services
(Medication, Supplies) 100% after deductible
Psychiatric 100% after deductible
Substance Abuse/Detox Covered 100%
Rehabilitative 100% after deductible
Covered up to 100 days per calendar year.
Add'l coverage after 100 days subject to OON
deductible/coinsurance
Skilled Nursing Facility 100% after deductible
120 days per calendar year
Hospice 100% after deductible
OUTPATIENT
HOSPITAL
Outpatient Surgery 100% after deductible
Facility Charges
Diagnostic Lab & X-ray 100% after deductible
Pre-Admission Testing 100% after deductible
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BENEFIT
COST SHARES
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.
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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
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
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
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BENEFIT
COST SHARES
Office Surgery 100% after deductible
Outpatient MH/SA 100% after deductible
EMERGENCY SERVICES
Emergency Room 100% after deductible
Urgent Care Facility 100% after deductible
Ambulance 100% after deductible
INPATIENT HOSPITAL Note: All hospital admissions require pre-cert
General/Medical & Surgical 100% after deductible
Ancillary Services
(Medication, Supplies) 100% after deductible
Psychiatric 100% after deductible
Substance Abuse/Detox Covered 100%
Rehabilitative 100% after deductible
Covered up to 100 days per calendar year.
Add'l coverage after 100 days subject to OON
deductible/coinsurance
Skilled Nursing Facility 100% after deductible
120 days per calendar year
Hospice 100% after deductible
OUTPATIENT HOSPITAL
Outpatient Surgery 100% after deductible
Facility Charges
Diagnostic Lab & X-ray 100% after deductible
Pre-Admission Testing 100% after deductible
OTHER SERVICES
Durable Medical Equipment 100% after deductible
Prosthetics 100% after deductible
Home Health Care 100% after deductible
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BENEFIT
COST SHARES
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.
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.
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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.
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APPENDIX B
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
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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