Master Agreement 2017-2020

TABLE OF CONTENTS
Agreement
Definitions
Article
I: Recognition
Article II: Association Rights
A
. School Mailboxes
     B. Bulletin Board
C
. Superintendent Meetings
     D. Agenda and Minutes
E
. Employee Access to Agreement
     F. Use of Facilities and Equipment
     G. Dues and Deductions
Article
III: Board Rights
Article
IV: Individual and Group Rights
A
. Protection of Individual and Group Rights
     B. Existing Laws and Regulations Preserved .
Article V: Compensation
A
. Salary
     B. Method and Time of Salary Payment
C
. Cocurricular
Article
VI: Fringe Benefits
A
. Health Insurance
B
. Long Term Disability Insurance
     C. Life Insurance
D
. Transmittal of Premium
E
. Course Reimbursement/Workshop
F
. Mileage Allowance
G
. Tax Free Annuity
H
. Annuity Deductions
I
. Pro Rata Payment of Salary
    J. Dental Insurance
K
. Records Check
Article VII: Working Conditions
     A. Leaves
          1. Sick Leave
a
. Days
b
. Sick Bank
2
. Bereavement Leave .
          3. Emergency Leave
4
. Personal Leave
5
. Professional Leave
          6. Military Leave
          7. Association Leave
          8. Child Rearing Leave
9
. Extended Leave
10
. Absence
          11. Sabbatical Leave
          12. Jury or Witness Duty
      B. Employment Renewal
C
. Employee Resignations
      D. Teaching Before and/or After the Regular School Year
E
. Duty Free Lunch
      F. Teachers Files
G
. Procedural Aspects of Teacher Evaluation
H
. Teacher Meetings
      I. Length of School Day/Year
J
. Vacancies and Promotions
K
. Reduction in Force
L
. Supervisory Responsibilities
M
. Substitutes
N
. Teacher Representation
O
. Early Retirement Incentive Plan
     P. Reimbursement of Sick Days for Retirees
Article VIII: Grievance
Procedure
A
. Definition
B
. Procedure
Article IX
: Peaceful Resolution of Differences
Article X: Savings Clause
Article XI: Duration
Article XII: Discrimination
Article XIII
: Just Cause
Appendix A
Salary Schedule- 201718
Appendix B
Salary Schedule201819
Appendix
C Salary Schedule– 201920
Appendix D Reduction in Force Policy
Appendix E
Early Retirement Criteria Policy
Appendix FMOUBlizzard Bags
Appendix G
MOUPA Schedule, K8 Prep, H/V 15 min. added .

 

 

AGREEMENT

Agreement made this eleventh day of March, 2017, by and between the School Board and the
Pembroke School District hereinafter called the
Boardand the Education Association of Pembroke,
NEA/NH hereinafter called the Association.


DEFINITIONS

1. BOARD Pembroke School Board
2. PARTIES Education Association of Pembroke, NEA/NH and the Pembroke School District School
Board as participants
in this agreement.
3. TEACHER EMPLOYEE A member of the bargaining unit.
4. SCHOOL Any work location or function division maintained by the Pembroke School District
School Board
.
5. SUPERINTENDENT The responsible administrative head of the Pembroke School District.
6. PRINCIPAL The responsible administrative head of any Pembroke District School.
7 ASSOCIATION Education Association of Pembroke NEA/NH.
8. ASSOCIATION REPRESENTATIVE Any qualified representative of the Association.
9. PREPARATION PERIODS Those periods during which the teacher is not programmed for any
activity
.
10. PREPARATION A different subject ability classification within the same subject.
11. Whenever the singular is used in this agreement, it is to include plural.
12. Whenever, in this agreement, a personal pronoun is used, such pronoun shall be understood to apply
equally to both male and female members of the bargaining unit.

ARTICLE I: RECOGNITION

The Education Association of Pembroke is recognized as the exclusive bargaining agent for the
permanent full time certified teachers, guidance counselors, librarians, reading specialists, intervention
and
prevention specialists, speech and language specialists/pathologists, technology integrators, math and
literacy coaches
and school nurses of the Pembroke School District for the purpose of bargaining
pursuant
to RSA 273A:1.XI.

ARTICLE II: ASSOCIATION RIGHTS

A. The Board agrees to permit the Association the use of the schoolprovided mail boxes for the purpose
of communicating with members of the bargaining unit.

B. The Board shall provide a clearly designated bulletin board in each school for the exclusive use of the
Association
.

C. A committee of Association representatives will meet with the Superintendent at least four times a
year. The meetings will be convened no later than November 1, January 1, March 1, and June 1 of
the school year. Both parties will have an equal right to submit matters for discussion. Three
Association representatives will be excused from teaching duties if such meetings occur during the
school day.

D. The School Board agenda and approved minutes will be posted and emailed to the Association
President(s) at the same time as the information is given to the members of the School Board. The
Board shall
also post, a copy of the School Policy Manual, and future policy additions and deletions.
Policies will be posted to the Pembroke School District web site.

E. New teachers will be provided a copy of this Agreement as part of their packet from Human
Resources. The Agreement will be posted to the Pembroke District web site. Printed copies will be
made available upon request.

F. The Association and its representative shall have the right to use facilities and equipment, including
copiers at reasonable times with prior approval of the school administration. The cost for the use of
school
equipment shall be paid by the Education Association of Pembroke at five (5) cents per copy
The Association agrees to supply their own paper.

G. The Board agrees to deduct from teacherssalaries money for local, state and/or national association
services and
programs as such teachers individually and voluntarily authorize the Board to deduct
and transmit the monies to such association or associations. Such deductions shall be made in equal
installments
from each salary check beginning on the first pay period following October 15th and
continuing
through the first pay period in June. To authorize such deductions, teachers must execute
an authorization
card to be furnished by the Association. Any teacher may have such deductions
discontinued
at any time upon sixty (60) days written notice to the Board and the appropriate
association
.

The Association agrees to hold the Board and its agents harmless in case of any liability arising out of
this provision.

ARTICLE III: BOARD RIGHTS

The Board, subject only to the language of this Agreement, reserves to itself the right to adopt and
implement any rule or regulation provided
it does not conflict with or violates any of the terms of this
Agreement and retains the right
in accordance with applicable laws and regulations to direct and manage
all
activities of the school district.
The parties understand that the Board may not lawfully delegate the power or authority which, by law
is vested
in it, nor may the Superintendent lawfully delegate the power or authority which, by law, is
vested in him, and this agreement shall not be construed a delegation of the power or authority of either.

ARTICLE IV: INDIVIDUAL AND GROUP RIGHTS

A. Protection of Individual and Group Riehts
Nothing contained herein shall be construed to prevent any person from informally discussing any
disputes with his/her
immediate superior or processing a grievance on his/her own behalf in
accordance with the Grievance Procedures.

B. Existing Laws and Regulations Preserved
The rights and benefits of persons provided herein are in addition to those provided by State or
Federal law
, rule or regulations, including without limitation all applicable tenure, pension, or
education
laws and regulations.

ARTICLE V: COMPENSATION

A. Salary
The salaries and differentials of the members of the bargaining unit for the duration of this
Agreement are
set forth in Appendices A, B, and C attached to and made a part of this agreement.
Initial placement on the salary schedule shall be at the discretion of the Superintendent. Teachers
who have completed at least ninety (90) school days of service during the school year and whose
performance is satisfactory
shall be advanced one step on the salary schedule.
Effective July 1, 2017 employees will advance one step.
Effective July 1, 2018 employees will advance one step.
Effective July 1, 2019 employees will advance one step.

B. Method and Time of Salary Payment
Members of the bargaining unit will receive their first pay check no later than the second Friday
of the school year
. Teachers may elect to receive their salaries in either twentysix (26) or twentyone (21) biweekly installments. Teachers being paid by the twentysix (26) installment method shall
receive a final payment consisting of the equivalent of five (5) biweekly salary payments in a lump
sum payment
in June of the school year.
Teachers must indicate in writing that they wish to receive their pay by the twentyone (21) check
method no later
than August 1 of the school year. Those not indicating such a choice will be
automatically placed
on the twentysix (26) payment plan.
Direct Deposit of pay checks is available to members of the bargaining unit. Each participating
employee must provide written authorization including a financial institution routing and transit
number
and a personal account number.

C
. CoCurricular
The Principal shall provide a cocurricular verification form for each employee assigned cocurricular duties at the commencement of said duties. The form shall be signed by the employee as a
condition of payment.
Payment for the cocurricular duty shall be made the next pay period following the completion of
all obligations pertaining to the activity as verified by the principal or designee or, at the option of the
employee
, at some mutuallyagreeable time.
A list of CoCurricular Activities will be provided to the Association on an annual basis, before
the last day of school, for their review and comment.
There will be a School Board Advisory Committee comprised of the Athletic Director, one
Association member from each building, and at least one administrator. The Committee will review
any activities
that may be added or eliminated before action is taken by the Board. The committee
will share
their recommendations with the School Board before any action is taken.

ARTICLE
VI: FRINGE BENEFITS

A. Health Insurance
The Board agrees to pay 87% of the premium for the Yellow Choice Fund health plan individual,
twoperson, or family plan for each member of the bargaining unit who subscribes to such
coverage.The Board retains the right to choose a different insurance carrier provided that coverage and
benefits equal or exceed those of the existing plan. The Board shall receive the approval of the
Association before changing health carriers; Association approval for change will consist of a
simple
majority vote. The Board will maintain an I.R.C. Section 125 Premium Offset Plan, a
Health Care Flex Spending Account Plan, and a Dependent Care Flex Spending Account Plan for
any member of
the bargaining unit who properly submits a request in writing by May 15 for such
coverage
in the following contract year.
1. Employees of the bargaining unit not subscribing to the districts health insurance program will
receive $
1500 provided the bargaining unit member documents existing coverage of a health
insurance program in which he/she is a member. The amount specified for each year will be paid
in two (2) equal installments, once at midyear and once at the conclusion of the school year. If a
member of the bargaining unit who previously had applied for the payback subsequently
accesses health insurance under
a District plan, he/she will be entitled to receive a prorata
monthly portion of the buy
back for those full months when he/she was not covered by the
districts insurance upon submission of a request to the superintendent.
In the event that the plan identified above will result in the imposition during a subsequent
year of this Agreement of any related fees, fines, taxes or penalties, including, but not limited to
Cadillactaxes (the excise tax on high cost Employersponsored health coverage), the District
and the Association will promptly reopen negotiations for the purpose of agreeing on (1) an
alternative health plan that complies with the Affordable Care Act and does not result in the
imposition of the socalled Cadillac Taxand (2)the distribution of any savings realized, to
include
the percentage of premium paid by each party. The parties agree to exchange proposals no
later than November 15. If the parties are not able to agree on an alternative plan and distribution
of savings
by January 15, the parties will each submit one proposal to binding arbitration no later
than February 15 with a mutually agreed acceptable arbitrator whose fees will be shared by the
parties
. In the event that the parties cannot agree on an arbitrator, the NH PELRB will select.
After hearing from both parties, the arbitrator will choose one of the two proposals and notify the
parties no later than March 15 and that plan will be implemented for the following plan year.

B
. Lons Term Disability
The Board shall pay 100% of the premium for long term disability insurance for each member of
the bargaining
unit, said insurance to have minimum benefits of 66 2/3% of salary to age 65 after a
ninety (90) day waiting period.

C
. Life Insurance
The Board shall pay the premium for a life insurance policy for each teacher, payable to the
beneficiary designated by the teacher. The amount of the life insurance policy shall be an amount
equal to the teachers annual salary and shall include accidental death and dismemberment.

D
. Transmittal of Premium
All payments for insurance premium shall be timely transmitted to insure that coverage shall not
be interrupted.

E
. Course Reimbursement/Workshovs
Employees may apply for reimbursement for courses based on the following timeline:
May 1courses ending on or before August 31.
July 1courses ending on or before December 31
November 1
courses ending on or before June 30.
An employee will be reimbursed for up to six (6) credits in each of these defined periods, but for no
more than
nine (9) in any given year. Employees will be reimbursed for the cost of up to eight (8)
credits at the UNH rate
.
Teachers who make a written request shall be entitled to advance payment for courses. Such prepayment of courses may be made from the District directly to the learning institution upon
presentation of a
tuition fee schedule or tuition voucher from the institution indicating that the
employee is enrolled subject to tuition payment
.
Upon the submission of the course approval form, cancelled check or receipt showing payment
for the course
, and a grade showing successful completion of the course, such reimbursement shall be
paid within three (3) weeks. Failure to submit required documentation prior to June 30 when the
fiscal year ends,
will result in the employee being ineligible for reimbursement. Successful
completion shall be defined as: Pass in a pass/fail
course or a grade of B or better in a graduate
course with the understanding that only one C will be accepted as an acceptable grade for that
duration of the Agreement
.
If an employee who has received advance payment for course work fails to meet the grade
achievement provisions set forth
elsewhere in this section, or fails to complete the course(s), the
district shall recover such advance
payments by pro rata deductions from the employees salary over
a period of time no
less than ten (10) and not more than fourteen (14) pay periods.
The maximum amount of individual reimbursement shall not exceed the cost of tuition. During
the term of this Agreement the Board shall be obligated to expend not more than the following
amounts for course reimbursement
.
$80,000
$80,000
$85,000
2017/18
2018/19
2019/20
$20,000 of the available course reimbursement funds shall be exclusively dedicated and utilized
for course work
which is part of a declared degree program. On June 1st the Board agrees to transfer
any unencumbered workshop funds to course reimbursement to fund those on a waitlist for course
reimbursement should the funds be
depleted in that year. The funds will go to those who applied for
course reimbursement funds but were denied earlier because all course reimbursement funds were
encumbered at the time. Funds after June 1 will be dispersed according to date of request.
Additionally, the Board shall reimburse members of the bargaining unit for up to eight hundred
($800) dollars in fees for seminars
, clinics, practica, and workshops taken within any school year,
provided that the Superintendent has given prior approval. The Superintendent retains the right to
determine the number of members permitted to attend specific activities. During the term of this
Agreement, the Board shall be obligated to expend not more than the following amounts for these
activities:
$50,000
$50,000
$55,000
2017/18
2018/19
2019/20

F. Mileage Allowance
Teachers covered by this Agreement who are specifically authorized by the administration to use
private automobiles for school business shall be reimbursed at a rate equal to the most current I.R.S.
maximum allowance. Mileage shall be calculated from the teachers home or respective school
whichever is less.

G
. Tax Free Annuity
The Board agrees to allow teachers to take advantage of the Federal law concerning taxfree
annuities
.

H
. Annuity Deductions
The Board agrees, upon authorization of an employee, to make deductions for annuities Monies
deducted shall be transmitted upon appropriate verification and/or billing from the participation
carrier by the 1st Friday of the month following the month that the deduction was made.

I
. Pro Rata Payment of Salary
If a member of the bargaining unit leaves or dies during the school year, the member or his/her
estate shall be entitled, in addition to any other agreement of compensation, to a pro rata share of
his
/her salary.

J
. Dental Insurance
The Board shall provide Northeast Delta Dental Dental Care Program for each member of the
bargaining unit and
his/her entire family, for a full 12 month period. Coverage shall be: A (100%), B
(80%), C (50%), D (50%/$1,000 Life), no deductible, $2,000 contract year per family member. The
Board
shall pay 80% of the premium cost.

K
. Records Check
The District will pay any additional costs above and beyond basic recertification fees including
such
things as: finger printing and records check.

ARTICLE VII: 
WORKING CONDITIONS

A
. Leaves
1. Sick Leave
a. DAYSEach full time teacher is entitled to a leave of absence for personal injury or illness
with full pay of fifteen (15) school days per year. Up to fifteen (15) days of noncumulative
days
of sick leave may be used for the care of members of the teachers immediate family, as
defined in the Bereavement Section of this Article. Days used for care of members of a
teachers immediate family will be identified as such via the District’s leave reporting form.
Sick leave not used in the year of service for which it is granted shall be accumulated for use
in subsequent years up to a period of one hundred and twentyfive (125) days.
To be eligible for sick leave payments a teacher may be required to furnish proof, satisfactory
to the Board
, of illness or disability.
Each teacher shall be notified in writing by October 15th as to the total number of sick days
he/she has accumulated as of the beginning of the school year
.
b. SICK BANK The Board agrees to establish a sick leave bank to cover employees in the
event of long term illness. The sick leave bank shall be administered by a committee
composed of five (5) members of the Association appointed by the Association President.
Rules for membership and participation in the sick leave bank shall be established by the
Association and shall be
supplied to the Board. Any rules established by the Association
shall include the following:
1) that the sick leave bank shall be funded at the start of each school year to reach a
maximum of one hundred
twenty (120) days. The sick leave bank may be supplied with
additional days only at the start of each school year to bring it up to the one hundred
twenty (
120);
2) that no one may contribute more than two (2) days in any school year to the sick leave
bank; and
that any days contributed shall be deducted from that years sick leave
entitlement for the person
making said contribution;
3)
that the Association shall notify the Board by October 15 of each year of the individuals
who have donated days to the sick leave bank so that said days may be deducted from the
individuals yearly entitlement;
4) that individuals may not elect to receive sick leave benefits in lieu of disability benefits.
Eligibility for sick leave bank benefits shall terminate when an individual is eligible for
disability benefits pursuant
to Article VI, B;
5)
that no employee shall, under any circumstances, be entitled to sick leave bank benefits
until said employee has exhausted all accrued sick leave available to that employee;
6) that no one shall, under any circumstances, be entitled to receive sick leave and disability
benefits
at the same time;
7) that the decisions of the Sick Leave Bank Committee are not grievable.
2. Bereavement
In the event of a death of a member of a teachers immediate family or a spouses or domestic
partner
s immediate family (defined as spouse, domestic partner, child, mother, father, sister,
brother, grandmother, grandfather, grandchildren, motherinlaw, fatherinlaw), that teacher shall
be allowed up to three (3) days of bereavement leave. Two (2) additional days will be granted if
requested.
3. Emersencv
During the course of the school year, emergencies may arise such as injury, or illness within
the
immediate family requiring the active presence of the teacher during the school day, or
transactions involving
a legal instrument or a court order which can only be conducted by the
teacher during the
school day.
To handle all such emergencies an allowance of up to three (3) school days per year shall be
permitted
.
4. Personal
Upon request to the building administrator, teachers shall be granted a total of up to three (3)
days
nonaccumulated personal leave during the school year for religious holidays, family,
medical reasons, legal transactions or business reasons. To be eligible for such leave the teacher
shall certify in writing on district forms no later than 24 hours prior to the anticipated absence
that
the absence is for one of the purposes stated above and cannot be conducted other than
during school hours.
Personal days shall not be granted on either the day before or the day after a holiday, or to
extend a school vacation. After Memorial Day, no more than five (5) personal days per day will
be
taken throughout the District. Requests for additional personal days will be considered on a
case
by case basis and may be granted at the discretion of the Superintendent.
5. Professional
The Board agrees to provide professional leave. The number of days used for leaves of this
nature shall be at the discretion and with the prior approval of the Superintendent.
Request shall be initiated through the Building Principal and forwarded with recommendation
to the
Superintendent for his/her review and action.
6. Military Leave
Military leave of absence without pay or benefits shall be granted to any teacher who is
drafted or
enlists in any branch of the armed forces of the United States for the period of his/her
induction or
initial enlistment.
The time necessary for persons called into temporary active duty of any unit of the U.S.
Reserves shall be granted provided such obligations cannot be fulfilled in days when school is not
m
session. In such cases, teachers shall be reimbursed for pay loss as a result of such Organized
Reserve duty up to the difference between their regular teachers salary that would have been paid
and their Reserve pay received for up to a maximum of two (2) weeks during the school year.
7. Association Leave
An employee who is an officer of the Association or who is appointed to an Association
position may, upon proper application in May of the previous year, be given a leave of absence
for up to one (1) school year without pay for the purpose of performing Association duties. Such
leave may be extended by the Board, but in no case shall the extended leave exceed one (1)
school year.
The Board agrees to grant up to three (3) days of leave to member(s) of the Association for
attendance at meetings related to Association business. The President of the Association will
provide the Superintendent with the names of the member(s) chosen with at least two (2) days
notice
. The total number of days will not exceed three (3) days in one year.
8. Child Rearing Leave
Child rearing leave of up to one year and three months may be granted without pay or other
benefits
to male or female teachers with at least one (1) years service with the Pembroke School
District
. To be eligible for sick leave payments, a teacher may be required to furnish proof
satisfactory to the Board of illness, disability, or the addition of new family members. To be
eligible for sick leave payments, a teacher will be required to furnish documentation from a
medical doctor
satisfactory to the Board citing the period of disability. The disability for
uncomplicated
child birth is generally eight (8) weeks inclusive of both pre and postdelivery.
It shall be the duty and responsibility of the teacher to notify the Superintendent of the
pregnancy as soon as it is determined and of the desire to take such leave with an estimated date
of the leaves commencement. Except in cases of emergency, the teacher shall also give at least
thirty (
30) days notice prior to the date on which the leave is to begin. A teacher who is pregnant
may
continue in active employment until as late as she desires provided in the judgement of the
Principal
she is able to perform all required functions and with the written approval of her
attending
physician.
Return from such leave shall coincide with the expiration date on the teachers leave request
as
approved by the Board, provided the teacher shall present a physicians certificate of physical
fitness to return to normal duties. The teacher shall notify the Superintendent in writing on or
before March 1
st of the intent to return to teaching duties at the start of the next school year.
Should a teacher have worked ninety (90) or more days, the teacher shall be placed on the next
succeeding step of the salary
schedule for the school year in which the teacher is due to return.
9. Extended Leave
A member of the bargaining unit may be granted leave of absence without pay at the sole
discretion of the School Board.
Leaves of absence may be extended by the School Board.
All benefits to which a teacher was entitled at the time a leave of absence commenced shall
be restored to
him upon his/her return, and he will be assigned to the same or a substantially
equivalent position,
except that teachers will not advance on the salary scale, nor earn any other
benefits
while on leave without pay .
10. Absence
For all absences other than those specifically authorized in advance by the Superintendent or
for which provision is made
in Article VII above, a deduction will be made for each day of
absence at the teachers pro rata daily rate (i.e., 1/185 of base teaching salary for the individual).
Under no circumstances should any teacher be absent from school without the knowledge of
the Building Principal and/or the Superintendent
s Office.
11. Sabbatical Leave
Sabbatical leaves for formal study and/or educational enrichment shall be granted to teachers
by
the Board subject to the following conditions:
a
. The teacher must have completed seven (7) consecutive years of service in the district and
must have at least fifteen (15) graduate semester hours.
b. The teacher must notify the Superintendent of Schools of a request to be granted sabbatical
leave on or before January 5, of the year preceding the leave.
c. The decision to grant the sabbatical leave shall be the exclusive prerogative of the Board and
shall be
based on the merits of the written plan and its benefits to the students of the
Pembroke School District.
d. A teacher will be reimbursed for one half (14) of his/her annual salary for either a one (1) year
or half
(1/2) year sabbatical leave and retain health and dental insurances along with course
reimbursement benefits as defined in Article VII of this agreement subject to the condition
that a
teacher so compensated shall promise to teach in the district for at least two (2) years
following
his/her return from sabbatical. Teachers who return from sabbatical leave but fail
to complete
the required two years of additional service shall be obligated to reimburse the
district a pro
rated amount for compensation, salary and benefits.
e. The Board shall notify any applicant of its decision with respect to sabbatical leave on or
before March
31.
The Board reserves the right to limit the number of sabbatical leaves granted not to exceed
two (2) eligible teachers in any one year and the right to review and either grant or deny any
such sabbatical leave
subject to the provisions of Article VII Section All Sabbatical Leave.
g. If teacher on compensated sabbatical leave is unwilling to return at the conclusion of the leave
period, he or she will be considered to have voluntarily resigned the position and will be
obligated to repay the
system an amount equal to compensation, salary and benefits, received
during the sabbatical leave
.
h. Upon return from the sabbatical leave, any teacher on sabbatical shall be placed at the
appropriate salary level which the teacher would have achieved had he/she remained actively
employed in
the District. All rights and benefits shall be reinstated at their previous level
upon the
teachers return.
i. Upon return from leave, the teacher on sabbatical leave will be entitled to the same position
or one which is mutually agreeable
to both parties. If the position no longer exists, the
teacher will be entitled
to a position that he/she is qualified and certified to teach.
j. The teacher on sabbatical leave shall not receive any benefits other than those specified in this
Article
.
12. Jury or Witness Duty
a. A teacher who is called for jury duty or subpoenaed as a witness shall be excused from
teaching
duties for the actual time involved in said service and will continue to receive his/her
salary
and benefits less any per diem of compensation received from the courts.
b. No salary deduction or loss of leave shall occur when a teacher is absent as a result of being
called
to appear in court or before any other governmental agency on business concerning the
school district.
B. Employment Renewal
Teachers will receive a written offer from the Board concerning the reemployment of the teacher
no later
than April 15. Not later than the first Monday in May, teachers will submit to the
Superintendent
s Office written acceptance or rejection of the offer. Upon request, a reasonable
extension of time may be granted by the Superintendent for
aforesaid acceptance or rejection. All
matters contained in the
reemployment offer shall be consistent with this Agreement.
C. Employee Resignations
Once a teacher or other employee covered under the terms of this Master Agreement has
submitted
written acceptance of the Boards offer of employment, both parties are equally bound to
honor the employment agreement
for its duration, except under the provisions of RSA 189:13 or if
the parties mutually agree otherwise Any employee seeking to be released from his/her contract
without penalty must notify the Superintendent prior to July 15. The Board will designate the
Superintendent to act on such requests in the absence of a Board meeting. Any employee seeking to
be released from their employment contract after July 15 of each year shall be required to pay the
district a sum of $500. This amount will be considered full compensation for costs encumbered by
the district to recruit, train, and hire a replacement for the employee. Should the district need to hire
legal
counsel in order to collect the fee, all legal fees will be reimbursed by the employee.
Employees, who have requested to be released due to extenuating circumstances, can request that the
Board waive the
associated fee. The Board will consider such requests on a case by case basis. The
bargaining unit member
resigning will be responsible for reimbursing the District for the cost of any
insurance premiums prepaid for July and/or August by the District.
D. Teachins Before and/or After the Regular School Year
Any member of the bargaining unit required by the Administration to work before and/or after the
regular
school year shall be compensated at a pro rata portion of his/her annual salary, provided,
however, that this provision shall not preclude members of the bargaining unit from voluntarily
performing curriculum study, preparation of instructional aide, etc. without pay during such period.
E. Duty Free Lunch
Each teacher will be provided with at least a twentyfive (25) minute lunch period free of all
duties
.
F. Teachers File
The teacher will be permitted to respond to any statement in the teachers file that has been
generated after
initial employment in Pembroke. The teachers response shall also be included in the
file
.
Upon request the teacher shall be furnished a reproduction of any material in his/her file at ten
cents
(10?) per page. This will include reproductions of only that material generated after the
teachers initial employment in Pembroke, including the production of transcripts of all academic
work.
Any complaint(s) deemed serious enough by the Superintendent to be placed in the teachers file
shall be brought
to the attention of the teacher within fifteen (15) working days. Any such
complaint(s)
must state the nature of the complaint(s), the date(s) of the occurrence(s), and the name
of the complainant(s). The teacher shall acknowledge he/she had the opportunity to review such
material by affixing his/her signature to the copy to be filed with the express understanding that such
signature
in no way indicates agreement with the contents thereof. The teacher shall also have the
right
to submit a written response to such complaint(s) filed, and his/her response shall be reviewed
by
the Superintendent or his/her designee and be attached to the file copy.
G. Procedural Aspects of Teacher Evaluation
During the term of this Agreement the Board will not change its policy entitled Pembroke
School
District Educator Effectiveness And Evaluation Planadopted 2016 without first consulting
the Association.
The Principal or administrative designee shall within the first month of work orient all teachers
regarding the procedures for teacher evaluation. Orientation may take place at a faculty meeting.
H. Teacher Meetings
Teachers may be required to remain after the end of the regular school day for departmental,
school or staff meetings. Every effort will be made to confine the meeting to a period of one (1)
hour beyond the end of a teachers day. When possible, teachers will be notified at least fortyeight (48) hours in advance of the meeting. Teachers may be excused for sufficient cause, as
determined by the administrator. Teachers shall not be required to attend more than two (2) after
school meetings
per month
I
. Lensth of School Dav/Year
1. The length of each school year covered within this agreement shall not exceed one hundred
eighty
five (185) days. Onehalf (1/2) day before school starts will be designated for classroom
preparation for the arrival of students.
2. The parties shall abide by the Memo of Understanding regarding blizzard bag days (Appendix F)
for the
duration of this Agreement.
3. The length of the school day shall be defined in the following manner:
Each teacher, as a professional employee, shall devote to his/her assignment the time necessary
within and beyond the teacher in
school workday to meet his/her professional responsibility as
has been traditional in the profession. Teachers must arrive a minimum of 10 minutes before the
first bell and
stay a minimum of 10 minutes after the last bell.
This definition of the school day is adopted for the duration of the contract (July 1, 2017, June
30, 2020) and will be reviewed annually
in June by members of the Board and members of the
Association
. Should at any time this definition of the school day prove unsatisfactory in either
party, then the normal on site student day will be defined as follows:
7 hours and 20
minutes
6 hours and 50 minutes
6 hours and 50 minutes
Pembroke Academy
Three Rivers School

Hill and Village Schools
In the event the state increases the minimum standards for instructional time, the onsite day may
be increased by the same amount of time
.
A reasonable number of teachers will be required to remain to perform bus supervision. The
duties will be rotated among the staff in an equitable manner
. The Superintendent and EAP will
designate two (2) members each to agree upon a new duty schedule in the event that duties
deviate from the 2016
2017 practice at the K4 level.
4. Teachers in all buildings will have one (1) unencumbered preparation period per day, unless
otherwise agreed by the EAP and the Board
. Preparation time will not be used for meetings
unless requested by the classroom teacher except for
IEP meetings where parents must attend and
cannot be present at any other time
.
5. No changes will be made to the schedule at Pembroke Academy without Board and EAP
approval
.
J. Vacancies and Promotions
When vacancies occur in new or existing administrative, teaching or cocurricular positions,
notice of such vacancies shall be posted in
each school building and distributed to all employees via
e
mail. Such notice shall be posted for ten (10) days before the position is permanently filled, except
after July 15 when the Superintendent may, in
an emergency, or if a teacher resigns after the close of
the school year permanently fill the position without posting
.
In the event such vacancies occur during times when school is not in regular session, notice shall
be sent to the Association President
.
The notice shall include a job description, qualifications necessary, and salary.
K. Reduction in Force
The parties agree that Policy GCQA on Reduction in Force will be appended to the Agreement as
Appendix D and will not be changed without mutual consent for the life of this Agreement.
If the Pembroke School Board finds it necessary to implement the provisions of this policy, it
agrees that it will follow the procedures specified therein
.
L. Supervisory Responsibilities
Supervisory responsibility outside the normal school day shall be voluntary in nature, with the
understanding that administration may need to assign more responsibilities if chaperones cannot be
found
. No teacher is to be assigned to more than three (3) such supervisory responsibilities in any
given academic year
.
Teachers assigned supervisory responsibilities at Pembroke School District fundraising social
events and sporting events shall be paid fifty ($50) dollars for each event they are required to attend
.
Supervisory responsibilities may include home basketball games, home hockey games, senior class
trip, and dances such as prom, class dances
, winter carnival and clubs. Unforeseen supervisory
responsibilities may be deemed necessary by the administration
.
M. Substitutes
Teachers shall be informed of a telephone number they may call before 6:15 A.M. to report
unavailability for work
. It shall be the responsibility of the Board to provide substitutes. The use of
regular teachers as substitutes shall be only in emergencies
.
N. Teacher Representation
If a teacher is summoned to appear before an administrator to be disciplined, reprimanded or
warned, he or she will be entitled to have a representative of the Association present if he/she so
requests
.
O. Early Retirement Incentive Plan
1. Eligible members of the bargaining unit may apply for inclusion in the Early Retirement Incentive
Plan under the following guidelines:
a
. Applicants must be at least fiftyeight (58) years of age prior to the planned date of retirement
to access an early retirement benefit
.
b. Applicants must have been employed as teachers under the Agreement by the Pembroke
School District for a minimum of ten (10) years at the time of retirement
.
c. Applicants for an early retirement benefit must submit an application and written intent to
retire prior to December 1 of the year prior to the commencement of the planned retirement
.
d. The Pembroke School District will be obligated to approve and fund no more than three (3)
early retirement benefit proposals during any one (1) fiscal year
.
2. Eligible members of the bargaining unit accepted for inclusion in the Pembroke School Districts
Early Retirement
Plan may elect either:
a. A sum equal to 50% of yearly salary as noted on the teachers last professional contract prior
to
retirement, paid during July of the year following retirement or;
b. payment by the District of 80% of the monthly cost of a single or two person health insurance
plan offered by the District beginning at termination of the employees regular health
insurance
benefit and extending until age sixtyfive (65).
3. The parties agree that the Early Retirement Plan in the 20142017 Master Agreement will be
phased out during the life of this Agreement as follows: During 20172018 three (3) employees
can retire and receive the benefits under the 20142017 plan, during 201819 three (3) employees
can retire and receive the benefits under the 201417 Plan and during 201920 two (2) employees
can
retire and receive benefits under the 201417 Plan and one (1) employee can retire and
receive benefits under the new Plan.
4. When there are more than three (3) applicants for the Early Retirement Program, Policy GCQE
(Appendix E) will be used to determine those applicants qualifying for this program. This policy
will not be changed without mutual consent for the life of this agreement.
P. Reimbursement of Sick Days for Retirees
Upon permanent retirement from teaching, a member of the bargaining unit who has accumulated
one
hundred twenty (120) sick days will be reimbursed for twentyfive (25) days.
Days will be at his/her most recent perdiem rate, inclusive of longevity. Reimbursement will be
issued on the first payroll period of the fiscal year following retirement.

ARTICLE VIII: GRIEVANCE PROCEDURE

A. Definition
A grievance is an alleged violation, misinterpretation, or misapplication of any provision of this
Agreement
.
A grievance to be considered under this procedure must be initiated in writing by the employee
within fifteen (15) school days of its occurrence or from the time the teacher knew or should have
known of the occurrence. The following matters are excluded from the Grievance Procedure:
1
. Any matter for which a specific method of review is prescribed by law, or by any rule or
regulation of the State Board of Education.
2. A complaint of a probationary teacher which is caused by his/her not being reemployed.
3. A complaint by any certified personnel caused by appointment or lack of appointment, retention
or lack of retention
in any position for which a continuing contract is not possible or required.
4. Any matter which, according to law, is beyond the scope of the Boards authority or limited to the
unilateral action by the Board alone
.
5. Any grievance for which the grievant(s) or organization representing such grievant(s) has not in
writing waived the right, if any, to submit the grievance to any other administrative of judicial
tribunal.
Failure by the Board or its agents to communicate the decision on a grievance within the specified
time limits shall permit the grievant to proceed to the next step. Failure of the grievant in any
step of this procedure to appeal a grievance to the next step within the specified time limits shall
be deemed a waiver of future appeal of the decision, and will be considered acceptance of the
decision rendered.
No reprisal of any kind will be taken by the District or teachers against any party in interest or
other participant in the grievance procedure. Any grievant party in interest may be represented by
counsel or by a representative selected by the Association.
B. Procedure
Step 1: Any employee covered by this Agreement who has a grievance shall first discuss it with
his/her
immediate supervisor in an attempt to resolve the matter mutually at that level. A decision
shall be rendered within five (5) school days. An individual employee may present an oral grievance
to his/her employer without the intervention of the exclusive representative. Until the grievance is
reduced to writing, the exclusive representative shall be excluded from a hearing if the employee so
requests
, but any resolution of the grievance shall not be inconsistent with the terms of Agreement
between the parties.
Step 2: If the teacher is not satisfied with the decision, he or she may appeal the decision to the
Principal within five (5) school days after the receipt of the decision of the immediate supervisor.
The appeal shall be in writing and must specify:
a. The nature of the grievance, i.e. the specific provisions of the Agreement which have been
violated or misinterpreted
or misapplied.
b. The injury and the loss which is claimed, i.e. the specific loss to the employee in pay benefits.
c. The remedies sought.
d. Date of the alleged violation or misapplication.
The Principal shall investigate the matter and communicate the decision in writing to the grievant
within five (5) school days from receipt of the written grievance.
Step 3: If the teacher is not satisfied with the decision, he or she may appeal his/her grievance to the
Superintendent in writing within five (5) school days after receipt of the Principals decision. The
Superintendent shall investigate the grievance and render his/her decision in writing within ten (10)
school days after the receipt of the appeal of his/her level
.
Step 4: If the decision of the Superintendent does not resolve the grievance, the Association shall
have
the sole right to appeal that decision and the matter shall be submitted to binding arbitration
providing the
Association notifies the Superintendent of such request within ten (10) days of the
receipt by the Association of the Superintendent
s decision. The following procedure shall be used to
secure the services of
an arbitrator.
a. The parties will attempt to agree upon a mutually satisfactory third party to serve as arbitrator.
If no agreement is reached within five (5) school days following the date the request for
arbitration was received by the
Superintendent the American Arbitration Association will be
notified by either or both parties and requested to submit a roster of persons qualified to
function as an arbitrator
.
b. If the parties are unable to determine a mutually satisfactory arbitrator from the submitted list,
they shall request the
American Arbitration Association to submit a second roster of names.
c. If the parties are unable to determine, within ten (10) school days of the initial request for
arbitration, a mutually satisfactory arbitrator from the second list, the American Arbitration
Association
may be requested by either party to designate an arbitrator.
d. Neither the Board nor the Association will be permitted to assert evidence before the
arbitrator which was not previously disclosed to the other party. The decision of the arbitrator
shall be binding, but appealable under RSA Ch. 542.
e. The arbitrator shall limit himself or herself to the issue submitted to him/her and shall
consider nothing else
. He or she shall be bound by and must comply with all of the terms of
this Agreement. He or she shall have no power to add to, delete from, or modify in any way
any of the provisions
of this agreement. The arbitrator may award a “make whole
recommendation,but may apply no penalty payments.
f. The Board, the aggrieved, and the Association shall receive copies of the arbitrators report.
This shall be accomplished within thirty (30) days of the completion of the arbitrators
hearing
.
The arbitrators decision for settlement of a grievance shall be a binding decision on the issue
and
so advise the grievant, the Association and the School Board in writing.
gh. 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 shall be paid by the party incurring
same
.
ARTICLE IX: PEACEFUL RESOLUTION OF DIFFERENCES

In consideration of this Agreement and its terms and conditions, the Association, its officers,
representatives and members shall not
, during the terms of this Agreement, engage in or condone any
strike, slowdown
, work stoppage or other concerted refusal to perform an assignment on the part of any
employee(s) represented hereunder
, nor shall the Association or its members take part in or condone
sanctionsagainst the Board or the School District.

ARTICLE X: SAVINGS CLAUSE

If any provision of this Agreement is or shall be at any time contrary to law, then such provision shall
not be applicable or performed or enforced, except to the
extent permitted by law and substituted action
shall be subjected
to appropriate consultation and negotiation with the Association.
In the event that any provision of this Agreement is or shall be contrary to law, all other provisions of
this Agreement
shall continue in effect.

ARTICLE XI: 
DURATION

This Agreement and each of its provisions shall be effective upon ratification and final approval of its
terms on July 1, 2017June 30, 2020.
Any extension of this Agreement shall be mutually agreed upon in writing by the parties, and unless
such extension is agreed upon, this Agreement shall expire on the date indicated herein, unless otherwise
required by law
.

ARTICLE XII: DISCRIMINATION

The Board agrees that in the application and administration of this Agreement, it will not
discriminate against employees on the basis of race, creed, color, religion, national origin, sex, marital
status
, handicap or age.
In witness whereof, the parties have caused this Agreement to be signed by their respective President/
Chairman and attested
to by their respective Secretary/Clerk and Chairman of their Negotiating
Committees.

ARTICLE XIII: JUST CAUSE

No teacher shall be given an oral or written reprimand or be suspended without just cause. All
information forming the basis for disciplinary action shall be made available to the teacher upon his/her
request
.

APPENDIX A
PEMBROKE SALARY SCHEDULE
2017 – 2018

STEP BA BA+15 MA MA+15
1 35,875 37,182 41,077 42,384

2 37,503 38,810 42,705 44,012
3 39
,131 40,438 44,333 45,640
4
40,759 42,066 45,961 47,268
5 42,
387 43,694 47,589 48,896
6 44,
015 45,322 49,217 50,524
7 45,643 46,950 50,845 52,152
8 47,271 48,578 52,473 53,780
9
48,899 50,206 54,101 55,408
10 50,527 51,834 55,729 57,036
11 52,155 53,462 57,357 58,664
12 53,783 55,090 58,985 60,292
13
55,411 56,718 60,613 61,920
14 57,039 58,346 62,241 63,548
15
58,667 59,974 63,869 65,176
NURSES SALARY
Nurses shall be placed on the Bachelor salary schedule and track for those who have earned an RN or a BSN degree and in
accordance to the years of experience as school nurse. A nondegree nurse shall be paid 90% of the BA scale at the appropriate
step.
LONGEVITY
Longevity at $ 1,825 for A (Beginning year 15Through year 17 in the Pembroke School District)
2.325 for B (Beginning yearl8Through year 20 in the Pembroke School District)
2,825 for C (Beginning year 21Trhough year 25 in the Pembroke School District)
3.325 for D (Beginning year 25+ in the Pembroke School District)
****MA+30 Any employee who submits a transcript to the SAU Office as proof of 30 credits beyond Masters will receive a
$1,
000 stipend

APPENDIX B
PEMBROKE SALARY SCHEDULE
20182019

STEP BA BA+15 MA MA+15
1 36,772 38,111 42,104 43,443

2 38,400 39,739 43,732 45,071
3 40,028 41,367 45,360 46,699
4 41,656 42,995 46,988 48,327
5 43,284 44,623 48,616 49,955
6
44,912 46,251 50,244 51,583
7 46,540 47
,879 51,872 53,211
8 48,168 49,507 53,500 54,839
9 49,
796 51,135 55,128 56,467
10 51,424
52,763 56,756 58,095
11
53,052 54,391 58,384 59,723
12
54,680 56,019 60,012 61,351
13 56
,308 57,647 61,640 62,979
14 57,936 59,275 63,268 64,607
15 59,564 60,903 64,896 66,235
NURSES SALARY
Nurses shall be placed on the Bachelor salary schedule and track for those who have earned an RN or a BSN degree and in
accordance to the years
of experience as school nurse. A nondegree nurse shall be paid 90% of the BA scale at the appropriate
step
.
LONGEVITY
Longevity at $ 2,075 for A (Beginning year 15Through year 17 in the Pembroke School District)
2.575 for B (Beginning yearl8Through year 20 in the Pembroke School District)
3
,075 for C (Beginning year 21Trhough year 25 in the Pembroke School District)
3.575 for D (Beginning year 25+ in the Pembroke School District)
*
***MA+30 Any employee who submits a transcript to the SAU Office as proof of 30 credits beyond Masters will receive a
$1,000 stipend

APPENDIX C
PEMBROKE SALARY SCHEDULE
20192020

STEP BA BA+15 MA MA+15
1 37,691 39,063 43,157 44,529

2 39,319 40,691 44,785 46,157
3 40,947 42,319 46,413 47,785
4 42,575 43,
947 48,041 49,413
5 44,203 45,575 49,669 51,041
6 45
,831 47,203 51,297 52,669
7 47,459 48,831 52,925 54,297
8 49,087 50,459 54,553 55,925
9 50,715 52,087
56,181 57,553
10 52,343 53,715 57,809 59,181
11 53,971 55,343 59,437 60,809
12 55,599 56,971
61,065 62,437
13 57,227
58,599 62,693 64,065
14 58,855 60,227 64,321 65,693
15 60
,483 61,855 65,949 67,321
NURSES SALARY
Nurses shall be placed on the Bachelor salary schedule and track for those who have earned an RN or a BSN degree and in
accordance to the years of experience as school nurse
. A nondegree nurse shall be paid 90% of the BA scale at the appropriate
step
.
LONGEVITY
Longevity at $ 2.325 for A (Beginning year 15Through year 17 in the Pembroke School District)
2.825 for B (Beginning yearl8Through year 20 in the Pembroke School District)
3.325 for C (Beginning year 21Trhough year 25 in the Pembroke School District)
3.825 for D (Beginning year 25+ in the Pembroke School District)
****MA+30 Any employee who submits a transcript to the SAU Office as proof of 30 credits beyond Masters will receive a
$1,
000 stipend

APPENDIX D
Pembroke School District Policy GCQA
REDUCTION IN FORCE
The decision to implement a reduction in force shall be made at the sole discretion of the Pembroke School
Board.
The Board will consider any Association response prior to a final determination of which positions shall be
eliminated.
The Board will notify a teacher in writing in a timely fashion that his/her position has been eliminated due to a
Reduction In Force
.
The Board shall make every reasonable effort to minimize the effect of a Reduction In Force on the incumbent
staff through attrition, retirement, voluntary transfer, resignation, and contract refusal.
Probationary teachers shall be laid off before continuing contract teachers who are certified and qualified,
unless a continuing contract teacher has been on an improvement plan for at least ninety (90) calendar days.
In determining which employee shall be laid off, persons shall be grouped by the following classifications:
a
. K4,
b. 58 (by Department and certification, as applicable),
c
. 912 (by Department and certification).
Within each classification defined above, the Board shall determine which employee(s) shall be laid off based
on the following (unordered) factors:
a
. job performance based on existing teacher evaluations,
b. experience in the subject area,
c
. experience teaching at the grade level,
d. seniority.
Ties in seniority shall be broken by (in order):
a
. date of election by the board,
b. date of employee signature on the contract,
c. lottery.
Recall rights shall remain in effect for two (2) years.
Teachers who have been laid off are responsible for keeping the Board informed of their postal address.
Teachers shall be recalled in the inverse order of their being laid off, provided that they are certified and
qualified for the available position(s).

APPENDIX DCONTINUED
Pembroke School District Policy GCQA
REDUCTION IN FORCECONTINUED
The Board shall notify a teacher of his/her recall via certified mail, and the recalled teacher must respond within
fourteen (
14) calendar days of the date of the recall letter.
Teachers who have been laid off will be recalled prior to the hiring of any new teachers.
This policy is appended to the Agreement between the Pembroke School Board and the Education Association
of Pembroke
and will not be changed during the life of the Agreement.
Any continuing contract teacher who is nonrenewed due to a reduction in force may either file a grievance
under Article VIII or may pursue the statutory remedy under RSA 189:14a and b.
APPROVED: April, 1991
REVIEWED:
REVISED: March
, 2014
REAFFIRMED:

APPENDIX E
Pembroke
School District Policy GCQE
PRIORITY CRITERIA EARLY RETIREMENT PLAN
The following ordered criteria will be used by the Pembroke School Board in making decisions
regarding the districts Early Retirement Program when there are more applicants than places available in
the program in any given year:
FACTOR 1
Requirements enumerated in the Master Agreement must be met.
FACTOR 2 Benefit will not be available to those who are over the age of 62 at the time of application.
FACTOR 3 Seniority in terms of continuous, uninterrupted fulltime service in the Pembroke School
District. Approved leaves of absence do not constitute interrupted service nor count toward
the
service total.
FACTOR 4 Age of applicant, with the oldest applicant selected first.
This policy will be amended only after consultation with the Education Association of Pembroke.
APPROVED: March, 1995
REVIEWED:
REVISED:
REAFFIRMED:

APPENDIX F
Blizzard Bag Days
Both parties to this agreement have developed and approved a Blizzard Bag Dayplan that has been
submitted to the New Hampshire Department of Education and has met the requirements as set forth by
the New Hampshire Department Of Education.
The parties to this agreement understand that a school may close before its scheduled closing time
when
an emergency condition exists which might adversely affect the health and safety of students,
provided that the number of hours of instructional time originally planned for the day shall be credited to
the number of hours of instructional time in the school year….
Further, we agree that professional staff shall be available for at least 3.5 hours of instructional time
during a day that has been administratively designated as a Blizzard Bag Day.
If a date that has been administratively designated as a Blizzard Bag Daydoes not meet the required
approval of the New Hampshire Department of Education, subject to the Superintendents discretion, staff
and students will be assigned to return to school to make up the date at a later time without remuneration.
The decision of the Superintendent should be final and bindi