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ORDER
Pursuant to a written settlement agreement, submitted to the
Board and signed by both the representative for the complainant and the
representative for the respondent, its terms are hereby incorporated and made
a part of this order as follows:
Agreement
1. Ms. B., the new hire referenced in the grievance, hired
at a wage off-schedule on November 21, 2003, will be frozen on the 2004-2005
Step 10 salary and will remain on that step for the next six (6) school
years or until such time as the annual salary for Step 5 in 2005-06, Step 6
in 2006-07, Step 7 in 2007-08, or Step 9 in 2008-9 exceeds the 2004-05 Step
10 salary.
2. It remains the position of the School District that
decisions made to place an aide off-schedule are within the sole authority
of the Board, through its designee, the administration, and are not
grievable. This specifically includes determinations as to whether unusual
qualifications exist. The Association does not concur with the position of
the School District.
3. The following process will be followed when the
administration (as the Board's designee) determines that off-schedule
placement for an aide may be required:
(a) The administration will post the aide job vacancy
internally, stating that off-scale placement may be necessary.
(b) A designated member of the administration will,
following the posting, meet and confer with the Association President or
his or her designee to obtain input from the association prior to the
administration assigning the adjusted wage.
(c) When the administration has assigned the adjusted
wage, the administration's decision will be conveyed to the Association by
letter
4. All pending matters at the PELRB, Case No. M-0752-3,
are dismissed.
5. This Agreement is made without prejudice or precedent
to the position of either party.
MONADNOCK
EDUCATION
MONADNOCK REGIONAL
SUPPORT STAFF
ASSOCIATION
SCHOOL DISTRICT
NEA-NEW HAMPSHIRE
/s/ Mary E.
Gaul
Margaret-Ann
Moran
Mary
E. Gaul, UniServ
Director
Margaret-Ann Moran
NEA-New
Hampshire
Counsel for the District
Dated:
1/13/05
Dated: 1/13/05
And therefore has been administratively dismissed, without
prejudice.
Signed this 9th day of March, 2005.
/s/ Donald E. Mitchell
DONALD E. MITCHELL
Executive Director
Distribution:
Mary E. Gaul, UniServ Director
Margaret-Ann Moran, Esq.
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