Search

Seeretary-¥YAdministrative Assistant II
Seeretary-Y4A dministrative Assistant IV
Account Clerk IV

Legal Secretary

Account Clerk III

Auto Mechanic, 2nd Class
seeretaryHAdministrative Assistant I
Account Clerk HI

Outside Detail Specialist (Part-Time)
Records Technician I

5 = ie Mol
UrnitAdministrative Assistant I-Domestic
Violence Unit

Custodian III

Custodian II

File Clerk (Part-Time)

Custodian I

A] A! A] A} a} oo!]~1]~1] 00/0 oo

ho] bo} Oo]

The labor grades and exempt/non-exempt status listed above may change during the review
process of Position Description Forms (PDFs) based on changes in the job dimensions of the
position to include: specific duties and responsibilities; work relations/relationships; problem
solving and decision making; supervisory duties; reasoning, mathematical, and language
development relating to mental effort; education, training, and specialized instruction; physical
effort and activities; working conditions relating to environmental factors, and the equipment,
tools, hardware/software, etc. used.

When labor grades or exempt/non-exempt status change during the review process, the above list
will be revised in the next contract.

ARTICLE 24
WORK SCHEDULES

Schedules/Assignments:

Daily and weekly work schedules and shift assignments shall be based on the operating
requirements and budgetary allotments of the department and are subject to change at any time.
The department shall have the exclusive right to make the necessary changes and shall make
every attempt to notify affected employees in advance whenever possible. An individual
employee's work schedule shall be determined by the Chief of Police or designee. Employees
shall report to work promptly at starting time and shall devote their entire efforts to department
business during scheduled working hours.

34

The workweek shall consist of seven consecutive days, beginning Sunday through Saturday. For
vacation and sick leave purposes, if an employee works other than a five-day, eight-hour-per-day
schedule, the workday will be calculated as one-fifth of the average workweek.

Essential personnel are assigned to report at specific times during a particular shift on a 24-hour
period. Non- essential personal shall work at times as approved by the Chief of Police or
designee in order to provide the best possible coverage within a bureau/division. (Cite Article
#26 - "Lunch Time & Coffee Breaks".)

Cross-Training, Career Development Program, Schools. & Temporary Assignments:

An employee may be transferred to assume the duties and responsibilities of a position classified
higher or lower than his current position due to cross-training, the department's Career
Development Program, or to temporary assignments to provide coverage due to vacations,
illness, leaves of absence, etc., as determined by the Chief of Police or designee. An employee
may be assigned to assume the duties and responsibilities of a position in addition to his own due
to lay-offs or reorganization, and this article does not apply to this situation. This situation shall
follow the reclassification system if applicable.

At no time will the cross-training or temporary assignment exceed 120 continuous days. If the
employee continues to work a higher classified position, he will be paid the wage difference
listed on Schedules A & B between positions until the condition or assignment no longer exists.
This shall not apply to grandfathered employees who are paid higher than the wages listed on
Schedules A or B.

Employees on a 5 & 2 System may be assigned to attend special schooling away from the
workplace during hours not normally worked by the employee. Employees on a 5 & 2 System
shall receive their regular rate of pay during such attendance.

Attendance:

The effectiveness and efficiency of the Nashua Police Department require that employees report
promptly for duty. Unapproved or unexcused absences or tardiness is unacceptable and will
result in appropriate disciplinary action.

Essential Personnel:

A. Detention Specialists: Unless otherwise designated by the Chief of Police or
designee, part-time Detention Specialists shall work thirty-four (34) hours a week,
four days a week (8.5 hours per day). Days off shall be as designated by the
Chief of Police or designee.

B. Emergency Coverage: Essential personnel may be called in to provide coverage

due to emergencies on their normal days off or to work other shifts. If ordered to
do so, essential personnel shall report to work on a day off and shall receive

36

overtime (time and one-half rate) or regular rates as outlined in the Article #25,
"Overtime."

Cc. Changes in Work Schedules: The Chief of Police or designee may change the
above work schedules at any time.

Non-Essential Full-Time Personnel:

A. Employees who are non-essential personnel normally shall be designated as
Group #8, who work five (5) days on, two (2) days off schedule, shall receive
weekends and holidays off. Non-essential personnel may also be designated to
other day-off groups as designated by the Chief of Police or designee.

B. To provide everyday coverage, Fleet Maintenance personnel may be designated
as any of the day off groups: Group #9 (Friday & Saturday off), Group #10
(Sunday & Monday off), or Group #8 (Saturday & Sunday off). Fleet
Maintenance personnel will receive holidays off.

C. Some non-essential personnel may be placed on call 24-hours a day due to
emergencies that could arise and shall work as assigned by their Bureau
Commander or designee. (Cite Article #25 - "Overtime".)

D. Record Technician I & YU: Record Technician I & I shall work a five (5) day
on, two (2) day off work schedule, but shall have either Friday & Saturday,
Saturday & Sunday, or Sunday & Monday as days off or as designated by the
Chief of Police or designee.

Emergency Situations:

During special times such as emergency operations or during snowstorms, non-essential civilians
may be sent home early from work. For these special situations, those civilians who continue to
work the normal workday will not receive additional pay, and those civilians who are allowed or
asked to leave the workday early will not be deducted any amount from their normal weekly
wage.

ARTICLE 25
OVERTIME

Full-Time Employees:

When non-exempt, full-time employees (35 hours a week or more) work extra hours during a
week, they will not receive overtime unless the total hours worked in a week exceed 40 hours.
Non-exempt, full-time employees (35 hours a week or more) will receive time and one-half their

37

regular rate of pay for all time worked in excess of 40 hours during a pay week, Sunday through
Saturday.

Part-Time Employees:

Part-time employees will not receive overtime unless the total hours worked in a week, Sunday
through Saturday, exceed 40 hours.

Overtime Not Allowed:

Exempt positions, as designated under Article 23 — Wages, shall not be eligible for overtime.
Submission of Overtime:

Overtime will be submitted in accordance with S.O.P. 31 during the week it was worked or no
more than one (1) week after the date. All overtime submitted will be paid according to the total
number of hours worked in the week it was worked, not the week submitted

Called in from Home:

If a non-exempt, non-essential employee gets called in from home to work, he shall receive at
least a 3-hour minimum in overtime pay if over 40 hours in a week or a 3-hour minimum in
regular pay if under 40 hours in a week. If the 3-hour minimum overlaps with regular duty time,
additional pay shall be only for hours worked in excess of the regular duty schedule.

Seasonal Time Adjustments:

In the Fall, when clocks are turned back one hour at 2:00 A.M., employees on that shift shall be
paid for actually hours worked (i.e., 8 hours regular, 1 hour overtime). In the Spring, when

clocks are advanced one hour at 2:00 A.M. employees on that shift shall be paid for a full shift
(i.e., 8 hours regular).

ARTICLE 26
LUNCH TIME & COFFEE BREAKS

Lunch Periods:

Lunch periods shall be paid according to any of the following ways as dictated by the Chief of
Police or his designee:

i. An hour (1) lunch (without pay);
2. A 1/2 hour lunch (without pay); or

3. A 20-minute lunch break (with pay).

38

An employee may be called back from a lunch break due to emergencies. The Bureau
Commander or designee will allow an additional lunch break to be taken if conditions allow this
to occur.

Breaks:

Employees may be allowed up to two (2) 15-minute breaks if conditions allow. One break may
be taken before and one may be taken after the lunch break period as the work schedule allows.
All employees may be called back from a break due to emergencies. The Bureau Commander or
designee will allow an additional break to be taken if conditions allow. The availability of
breaks will not change an employee's normal workday schedule.

ARTICLE 27
COMPENSATORY TIME (TIME COMING)

Compensatory time is allowed for non-exempt full-time employees only under the following
conditions:

A. Compensatory time is computed at an hour and a half (1 % hours) for every hour
of straight time worked over 40 hours in a week. Employees will make out a
Department Overtime Form and mark their intention to have the time converted to
time coming. Said form shall be submitted to the appropriate Bureau Commander
for approval. Each Bureau will hold the slips and make the necessary additions
and subtractions as necessary to maintain a current total to the maximum amount
as specified below.

B. Employees may convert overtime worked, but no less than one hour of overtime
at a time, into a maximum amount of 24 time coming hours. Any overtime slips
submitted for accrual purposes which bring the accrued amount beyond the 24
hours will be submitted for overtime payment.

C. Said time must be used within 6 months of the original overtime date. All
overtime slips beyond 6 months will be submitted for overtime payment. Note:
If a slip becomes outdated, but the employee has taken partial time coming hours,
the time taken will be deducted and the remaining time will be converted back to
normal overtime for payment.

D. Time coming may be used to extend a block vacation week or be added to any
other time off; i.e., personal day. The decision of the supervisor shali be final and
not subject to the grievance procedures. A maximum of eight (8) hours of time
coming shall be used to extend a block vacation week or be added to other time
off.

E. When employees utilize compensatory time:

39

» The employee will complete the appropriate Department form when utilizing
any compensatory time (time coming). The same procedures will be followed
as vacations, etc.

+ The time will be deducted from the employee's time coming accrual and from
the actual overtime forms. Once an overtime slip's conversion to time coming
has been used completely, the slip will be marked as so and may be kept for
record purposes.

F, If an employee leaves employment for any reason, any accrued time will be
converted back to overtime hours and will be submitted for payment.

ARTICLE 28
WORKERS COMPENSATION

Employees shall be covered by the provisions of the New Hampshire Worker's Compensation
Act, as may be amended from time to time, and by related City policies. The cost of this
coverage shall be paid entirely by the City.

Employees may supplement Worker’s Compensation benefits using accrued vacation and sick
leave time. The use of accrued leave shall be limited to the difference between the amount the
employee is paid under Worker’s Compensation and the amount of the employee’s pay for their
regularly scheduled work week as in effect at the time of the injury.

Temporary Replacement:

During the time an employee is disabled from performing the duties of his position due to an on-
duty injury, the department reserves the right to temporarily fill the position as needed up to an
18-month period from the date of the injury.

Reinstatement of Employee Sustaining Compensable Injuries (RSA 281-A:25-a):

Employees who have sustained an on-duty injury shall be reinstated by the employer to the
employee's former position of employment upon request for such reinstatement, if the position
exists and is available and the employee is not disabled from performing the duties of such
position, with reasonable accommodations for the employee's limitations. If the former position
has been eliminated, the employee shall be reinstated in any other existing position which is
vacant and suitable with reasonable accommodations for the employee's limitations. A
certificate by the employee's attending physician that the physician approves the employee's
return to the employee's regular employment with reasonable accommodations for the
employee's limitations, shall be prima facie evidence that the employee is able to perform such

4)

duties. Reinstatement shall be subject to the provisions for seniority rights and other
employment restrictions contained in this contact.

A. The right to reinstatement to the employee's former position terminates when any
one of the following events occurs:

1. A medical determination by the attending physician or finding by the
Labor Commissioner that the employee cannot return to the former
position of employment;

2. The employee accepts employment with another employer;
3. Eighteen months from the date of injury.
B. The right to reinstatement shall not apply to an employee hired on a temporary

basis as a replacement for an injured employee.

Permanent Replacement:

After the 18-month period if the person is still unable to return to his position, he shall be
deemed to be unable to return to work. The person will be released, and the position may be
filled permanently. If the employee becomes employable after the 18-month period, he may
apply for any vacant position within the department for which he is qualified.

ARTICLE 29
VACANCIES

It is a policy of the Nashua Police Department to employ the best candidates possible through
positive recruitment and selection to ensure a lower rate of personnel turnover, fewer disciplinary
problems, higher moral, better community relations, and more efficient and effective services.
The recruitment process will be consistent with Department procedures, with certain law
enforcement selection standards, and federal and state laws.

Filling Vacancies:

A. When filling vacancies for positions covered by this Agreement, current
employees will be given the opportunity to apply for the position, to be evaluated
for consideration purposes, and to participate in testing procedures if applicable.

B. If an employee is selected for a new position, the employee's pay rate will be
changed to reflect the position's wage as listed under Schedule A of this
Agreement. The probation period is six (6) months unless otherwise specified in
this Agreement.

AY

Cc. Should the employee's performance be unsatisfactory any time during the six-
month period, the Chief of Police may:

+ Permit the employee to bid on another vacancy for which he is qualified, or

* Return the employee to the position which he left if still vacant, or

+ To terminate the employee from employment with the Nashua Police
Department.

Department Policies:

The Bureau Commander has the option of transferring employees within his bureau when a
vacancy occurs. If qualified applicants are available from a previous recruitment for a similar
position, the department may utilize these applications and not open the position to the outside.
However, a notice of position vacancy will be posted internally within the Nashua Police
Department to ensure that every department employee has the right to apply for the position. If
after recruitment no qualified applicant is selected, a position vacancy will be re-posted.

Application Procedure:

No applications will be accepted by the Department or appropriate authority for any position that
is not posted, nor after the deadline date. Persons must complete applications at the Nashua
Police Department or as designated on the posting in order to be considered for vacant civilian
positions, After the deadline date listed on the "Notice of Position Vacancy," applications will
be considered. No employee will be considered for a position vacancy if he has not completed
an application form before the deadline date.

Selection Process:

If testing has been prepared for the position, the test will be prepared and administered by the
Nashua Police Department. Through testing, interviews, and completion of pre-employment
background investigations, the best qualified applicants will be selected. The background
investigation will include: Complete criminal record checks; Personal reference checks;
Employer reference checks; and motor vehicle checks (if he will be driving department vehicles).

Final Selection Process:

A final choice for the position will be decided upon. The applicant may be required to pass a
pre-employment physical at the city's expense prior to starting work for the city. It is agreed that
factors such as sex, race, color, national origin, religion, lawful political or employee's
organization affiliation, age, marital status, or non-disqualifying handicap are not considerations
in evaluating the qualifications of an employee or prospective employee.

ARTICLE 30
WORK POLICIES & REGULATIONS

42

It is the policy of the Nashua Police Department to provide certain guidelines to insure efficient
department operations. Civilian employees must comply with all applicable chapters or sections
within the Nashua Police Department Rules & Regulations Manual.

Civilian employees are subject to the Nashua Police Department's Disciplinary System and
Internal Affairs Investigations for any complaints/allegations relating to a criminal offense;
neglect of duty; a violation of department/city policies, rules, procedures or ordinances; or
conduct which may tend to reflect unfavorably upon the employee, city, or department.

Provisions of the City of Nashua merit Plan are not applicable to the positions covered by this
Agreement.

ARTICLE 31
LONG TERM DISABILITY COVERAGE

Full time employees covered by this Agreement are eligible for coverage under the City's Long

Term Disability Plan in accordance with the provisions thereof as the same may be amended
from time to time. There shall be no cost to the employee for this benefit.

Part-Time Employees:

Part-time employees are not eligible for coverage under the City's Long Term Disability Plan.

ARTICLE 32
RETIREMENT SYSTEM

Full-time employees are required to join the contributory pension plan of the City, NH
Retirement System, as a condition of employment. The contribution rate will be determined by
the NH Retirement System and all applicable laws and regulations shall apply. Group I members
shall also be enrolled in the social security system.

Part-Time Employees:

Part-time employees are not eligible for the New Hampshire Retirement System.

ARTICLE 33
DEPARTMENT SENIORITY

43

A. For purposes of this article, "service" or "date of hire" is defined as the full-time
position within the Teamsters Union, continuous service with the Nashua Police
Department to the current date.

B. In the event of a conflict, the last names of the two parties shall be considered
alphabetically and placed accordingly. Such placement shall determine
department seniority. In these cases, if an individual's last name after the date of
hire changes, the seniority date shall not be affected, but shall remain as was
originally established.

C. The seniority ratings of employees shall be used for only members within this
bargaining unit. Department supervisors who work in the same bureaus or
divisions as bargaining unit members, but are excluded from the bargaining unit,
shall have seniority over members due to their positions.

D. If an employee moves into another position outside of this bargaining unit, his
seniority date shall be as listed in another bargaining agreement or benefit
package.

Purposes of Department Seniority:

Department seniority shall be used to approve vacation selections, personal day selections, and
leaves of absence.

Detention Specialists:

Detention Specialists shall not be part of the seniority system of full-time employees. The part-
time dates of employment shall be used for seniority purposes within the group of Detention
Specialists. Department seniority shall be used to approve vacation selections, personal day
selections, Family Medical Leave requests, layoffs, recalls, and elimination of positions. An
employee's department seniority status shall be suspended during the time he is laid off.
Employees recalled from layoff anytime during the one-year period shall assume their
department seniority status from the date of layoff.

Seniority used for Layoffs & Filling Vacancies:

The department seniority date may also be used for layoffs or when filling vacancies; however,
the primary determining factors that will be considered are as outlined in Article 34.

Department Seniority During Laid Off Periods & Recalls:
An employee's department seniority status shall be suspended during the time he is laid off.

Employees recalled from layoff anytime during the one-year period shall resume their
department seniority status from the date of layoff.