Recognition

1-1 For the purposes of collective negotiations as required under RSA 273-A, the Board recognizes the Contoocook Valley Education Association as the exclusive representative for full and part-time professional employees of the Contoocook Valley School District School Administrative Unit #1 including individuals employed by the Contoocook Valley School Board of School Administrative Unit #1 the qualifications for whose position are such as to require him or her to hold an appropriate credential issued by the State Board of Education under its regulation governing the certification of professional school personnel including assistants but excluding Superintendents, Assistant Superintendents, Principals, Assistant Principals, Teaching Principals, Business Administrators, and other persons employed by the State Board of Education and all other employees of the Board.

Full-time means any teacher working 3/5 or more of full-time, or any paraprofessional working 25 hours or more per week for the school year. The Association agrees to represent equally all such professional employees in the unit designated above without discrimination and without regard to membership in the Association. Employees working less than 3/5 or less than 25 hours as defined above shall not be entitled to economic benefits as prescribed under Articles 5 and 6, with the exception of Article 6, Section 6-7, which benefits shall be available to all bargaining unit members.

1-2 For the duration of this Agreement, the bargaining unit shall include those persons now or hereafter who, for a substantial portion of their time, perform the duties or functions of the employees included in the bargaining unit defined in Article 1, Section 1-1 of this Agreement.

1-3 Definitions:

• The term "School", as used in this Agreement, means any work location or functional division maintained by the Board where instruction is offered to children enrolled in the Contoocook Valley School District of School Administrative Unit #1.

1-3.2 The term "Principal", as used in this Agreement, means the responsible administrative head of his/her respective school.

• The term "Teacher", as used in this Agreement, means a person employed by the Board included in the unit defined in Article 1, Section 1-1 of this Agreement.

1-3.4 The term "Paraprofessional", as used in this Agreement, is defined as an instructional assistant or aide hired to support classroom instruction.

1-3.5 Effective 7/1/98, the kindergarten program will be such that teaching positions within the program will be considered 3/5 positions.

• Wherever singular is used in this Agreement, it is to include the plural.

1-3.7 Seniority as used in this Agreement is defined as the length of unbroken service to the District as a member of the bargaining unit while on continuing contract except as specified in Article 5 of this Agreement and shall be computed by referring to the date and time if necessary that the contract was received by the Superintendent's Office. Seniority cannot be transferred from paraprofessional to teacher or teacher to paraprofessional. Seniority lists will be updated annually and a copy made available to any member of the bargaining unit upon request.

ARTICLE 2

Negotiations Process

• For as long as the District is bound by RSA 40:13, on or before September 1 of the appropriate year, the Association shall present to the Board a letter of intent to enter into collective bargaining as required by RSA 273-A. On or before September 15, the parties agree to enter into negotiations in good faith effort to reach agreement. Any agreement reached shall be reduced to writing and signed by the Board and the Association. Any agreement reached which requires the expenditure of public funds for its implementation shall not be binding upon the Board, unless, and until, the necessary appropriations have been made by the voters. The Board shall make a good faith effort to secure the funds necessary to implement said agreement.

If such funds are not forthcoming, the Board and the Association shall resume negotiations as required by RSA 273-A if affected thereby, in accordance with the provisions of the agreement. Should the District no longer be bound by Senate Bill 2, then timelines in RSA 273-A shall apply.

• If by 90 days prior to the budget submission date, the parties fail to reach agreement on any matters which are the subject of negotiation, either party may declare an impasse. In the event of an impasse, either party may request the American Arbitration Association (AAA), or by mutual agreement, the Public Employee Labor Relations Board (PELRB) to appoint a mediator for the purpose of assisting them in reconciling their differences and resolving the controversy on terms which are mutually acceptable. The AAA or PELRB will, upon receipt of such request, appoint a mediator in accordance with rules and procedures prescribed by it for making such appointment. The mediator will meet with the parties or their representative, or both, forthwith, either jointly or separately, and will take such other steps as she/he may deem appropriate in order to persuade the parties to resolve their differences and effect a mutually acceptable agreement. The cost for the services of the mediator, including, if any, per diem expenses, will be shared equally by the Board and the Association.

2-2.2 If the mediator is unable to effect settlement of the controversy within fifteen (15) days after his/her being appointed, or resolution of negotiation matters has not been achieved by 50 days prior to the Budget Submission Date, either party may, by written notification to the other, request that their differences be subjected to fact-finding.

Either party may request the AAA or PELRB to designate a fact-finder. The AAA or PELRB will, upon receipt of such request, designate a fact-finder in accordance with rules and procedures prescribed by it for making such designation. The fact-finder so designated will not, without the consent of both parties, be the same person who was appointed mediator pursuant to Section 2-2.1.

Grievance Procedure

3-1 Definition

3-1.1 A "Grievance" shall mean a claim by the member of the bargaining unit that there has been to him/her a personal loss, injury or inconvenience because of a violation, misinterpretation or inequitable application of any of the provisions of this Agreement governing said employees, except a grievance shall not be:

a. A claim of a non-continuing contract teacher which arises by reason of his/her not being re-employed; or

b. Any matter which according to law is either beyond the scope of Board authority or limited to unilateral action by the Board alone as defined by State Statute or by the Powers and Duties of School Boards as defined by the State Board of Education.

3-1.2 The Board agrees to allow grievances to be filed under the following provisions through the Board level. The Board does not agree to binding arbitration on the following provision:

Any matter for which a specific method of review is prescribed and expressly set forth by law or any rule or regulation of the State Commissioner of Education.

A grievance to be considered under this procedure must be initiated in writing by the employee within fifteen (15) school days, but no more than 21 calendar days, of the grievable action or when the grievant knew of its occurrence.

3-2 Procedure

• Failure at any step of this procedure to communicate the decision on a grievance within the specified time limits shall permit the grievant to proceed to the next step. Failure at any step of this procedure to appeal a grievance to the next step within the specified time limits shall be deemed to be a waiver of further appeal of the decision.

3-3 It is understood that any grievant shall, during and notwithstanding the pendency of any grievance, continue to observe all assignments and applicable rules and regulations of the Board until such grievance and any effect thereof shall have been duly determined.

3-4 Any grievant shall discuss it first with his/her principal (or immediate supervisor or department head/teaching principal if applicable) in an attempt to resolve the matter informally at that level, who shall give his/her decision within five (5) school days.

3-5 The grievant, no later than five (5) school days after the receipt of the decision of the immediate supervisor, may appeal the decision of the immediate supervisor to the Principal, or to the Superintendent if the immediate supervisor is the Principal. The appeal to the immediate supervisor, to the Principal, or to the Superintendent must be made in writing on the form attached in Appendix C.

The Superintendent or the Principal shall attempt to resolve the matter as quickly as possible but within a period not to exceed ten (10) school days from the receipt of the appeal. The Superintendent or the Principal shall communicate his/her decision in writing to the grievant, to the Association and to the Principal or other immediate supervisor.

3-6 If the Principal is involved in 3-5, the next step is the Superintendent and the same time limits prevail.

3-7 If the grievance is not resolved to the grievant's satisfaction, she/he, no later than seven (7) school days after receipt of the Superintendent's decision, may request a review by the Board. The request shall be submitted in writing through the Superintendent who shall attach all related papers and forward the request to the Board. A committee of at least three members of the Board shall hold a hearing with the grievant, render a decision in writing and forward copies thereof to the grievant and to the Association within twenty (20) school days of the date of the hearing. The hearing shall be held no later than thirty-five (35) school days after the receipt of the appeal.

3-8 If the decision of the Board does not resolve the grievance to the satisfaction of the grievant and she/he wishes a review by a third party, and if the Association determines that the matter should be reviewed further, it shall so advise in writing the Board through the Superintendent within twenty (20) school days of receipt of the Board's decision.

3-9 The following procedure shall be used to secure the services of an arbitrator.

a. Either party may request the AAA to submit a roster of persons qualified to function as an arbitrator in the dispute in question.

• If the parties are unable to determine a mutually satisfactory arbitrator from the submitted list, they may request the AAA to submit a second roster of names.

c. If the parties are unable to determine a mutually satisfactory arbitrator within ten (10) school days of either the initial or second request for an arbitrator, the AAA may be requested by either party to designate an arbitrator.

The arbitrator shall limit himself/herself to the issues submitted to him/her and shall consider nothing else. She/he can add nothing to nor subtract anything from the Agreement between the parties, or any policy of the Board. The recommendations of the arbitrator shall be binding.

3-10 Rights of Teacher to Representation

3-10.1 A grievant may be represented at all stages of the grievance procedure by himself/herself, or, at his/her option, by the Association or by a representative selected or approved by the Association.

3-11 When a grievant is not represented by the Association in the processing of a grievance, the Association shall at the time of submission of the grievance in writing to the Superintendent or at any later level, be notified by the Superintendent that the grievance is in existence. The Association may be present and present its views in writing.

• The costs for the services of the arbitrator including per diem expenses, if any, and actual and necessary travel, subsistence expenses and the cost of the hearing room shall be borne equally by the Board and the Association. Any other expenses incurred shall be paid by the party incurring same.

3-13 All documents, communications and records dealing with the processing of a grievance may be filed; provided, however, that such documents, communications, or records shall not be forwarded to any prospective employer of the grievant, nor shall such documents be revealed to any prospective employer nor the grievance(s) be alluded to in any communication between the administration and said prospective employer. A copy of such grievance(s) shall, upon request, be given to the grievant.

3-14 Grievance Report Form (See Appendix C)

ARTICLE 4

Peaceful Resolution of Differences

4-1 The Association and the Board agree that any differences between the parties on matters relative to the Agreement, including grievances, arbitration and negotiations, shall be settled by the means herein provided. The Association, in consideration, shall not, during the term of this Agreement, engage in or condone any strike, work stoppage or other concerted refusal to perform any assignment on the part of any employee(s) represented hereunder, nor shall the Board sponsor any lockout.