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AGREEMENT BETWEEN THE BOARD OF PUBLIC WORKS
OF THE CITY OF NASHUA, NEW HAMPSHIRE,
AND LOCAL 365 OF THE AMERICAN FEDERATION OF STATE,
COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO

EFFECTIVE JULY 1, 2644-2017 THROUGH JUNE 30, 20472023

SUBJECT TO APPROPRIATION BY THE ALDERMANIC FINANCE COMMIT TEE

Preamble
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AND APPROVAL BY THE MAYOR AND THE BOARD OF ALDERMEN

INDEX

eee ree RE TOA ERT TEETH ERENT THREE TOA RET PERE NTE E TAREE NTA EE TEE EERE TERT TEPER T OEE E EEE O EE ENA EERE RD EER THEE EES

1 & ABTECMENE passe pscicsesincosneonierersevireronsnnnnninesanvevennnmunnnevnineaseTsoNenenuNNreReNS
2 = ReCOBMIBION ee cececeseeceetesseteesseeeseesenseesaecateeeceetaesaecaeeseneeeseeeeereeneeae
3 = Non-Discrimination ..............c.ccccsessesecseseesenscssenssesestesssuscesesecesenestenseeseens
4 - Management Rights ssnciceccccmusnmnnceccmnmnsromrncam nnunsmmouncsses
§ - Dues Deduct tt ccccsssccsnaccmnnmnccmenmnncceensenaammecmanscrnnspanaccmwcnes
G& « Initial Probation scciseccsssacciscssvvwesoreesseavivceroovsevesvsscenvesa nevvesavvvenvervenveveresneve
7
8
9

0 - Seniority ccna eer

11 - Vacancies, Promotions and Transfers...........cs:ccssssscssesresssssesssessessesesssseses

12 - Work Policy and Regulations 0.0.00... ee eeceseestereseerecessnssessensasvesensessees
13 - Protection of City Property & Equipment «0.0.0.0... ceesceeeseereeereeneenensees
l4- Grievances Procedure scccucsenccenmemeemmnemmne OE
1S - Paid Holidays ssasnasnsaxcomannonaneccncorrnmcmemnmacanmnnenmenceas
16 - Paid Vacations ...........cccssssseessesssesecsescesseessncetsasseeseseaseseneeeaseeteesenseseaeteas
17 = Paid Sick Leave... cceccssssssencessrtersnssseeesneesnesssnssrsaessasssaaeseaseneasovaesens
18 - Bereavement Leave... eecesecesceesseeeseeesseerseeeseeereesereesseneeneeseneeeratends
19 ~ Mila Leave Pay ssc rensuescneers een cumuemamrarRNOL
20 - Jory Duty Pay sccsiennemmcnnnocmnceme momen
21 - Personal Leave ..........:cccccssccsssessessecsscsvsccsessssscsseaneeaseneseaneensevenseaseeesasease
22 - Longevity Bonus Pay ...........scseseesececresseereereerersessneersecsuesssnessasneeseenassats
23 - Union Activities 0.0.0.0... cccccsessesncsecseeseescencesaeceneeseeeressareteneraeescenenereasaass
24- Educational Benelits wemeccnnsnscmnmemnwarceunemmm
ZS - Clothing Allowances sccseccessscaseapuesneensimarsmmnnmnsececmnmenigeommnennemesaens
268 “Tradesmagiy Teo s cesarsasaceisumeseanenoumcenensanerennvenmasnnsncunumansecnruanusvauureneieaene
27 - Insurance Program .........cscseecssesesesesserencsnessessnesstensaseneeeeseeeseansenesasentenaes
BD = — SELEY -nrennencnarencernsnsennenneeneanannennnnsnnnenarsancente ares SECTION ORR
29 Doration and Eifettccccsnsnceummmeasu mn Rao anmaeremets

Appendix A - Pay Rates for July 1, 2944-2017 through June 30, 2047-2023
Appendix B - Rubbish Collection — Pickup-Go Home

Appendix C - Grievance Form

Appendix D - Dental Insurance Coverage

Appendix E- Snow Plan

OAU BR hW WWD hd bd

AGREEMENT BETWEEN THE BOARD OF PUBLIC WORKS OF THE CITY OF
NASHUA
AND LOCAL 365 AMERICAN FEDERATION OF STATE, COUNTY AND
MUNICIPAL EMPLOYEES, AFL-CIO

PREAMBLE

It is the intent and purpose of the parties hereto, that this agreement will promote and improve
industrial and economic relationships between the City and Union, and set forth herein the basic
agreement covering the rates of pay, hours of work and conditions of employment to be observed
between the parties hereto.

The City agrees to apply all terms and conditions of employment in a fair and consistent manner
to all bargaining unit employees.

ARTICLE 1 - AGREEMENT

Between the City of Nashua, New Hampshire, by its Mayor and the Board of Public Works duly
authorized, hereafter referred to as the “City” and Local #365, Nashua, New Hampshire, Public
Works Division employees hereafter referred to as the “Union”.

ARTICLE 2 - RECOGNITION

The City hereby recognizes the Union as the sole and exclusive representative of the regular full-
time employees of the above division, subject, however, to the exclusions listed in paragraph A
below.

A. In the Public Works Division, the Director, City Engineer, Deputy City Engineer,
Assistant City Engineer, the Secretary and Clerk of the Board of Public Works, the
Superintendents, Foremen, Timekeeper, Summer Help and any other employees classified in
supervisory or clerical jobs are excluded from this working agreement.

Summer help working in the division outside of the Solid Waste Department are those
persons temporarily employed for a definite period of time which falls between the first week of
April and the end of October. Summer help working in the Solid Waste Department are those
persons temporarily employed for a definite period of time which falls between the first week of
April and the first Friday in December. Management will determine the number of positions
needed for soft yard waste pickup in the Solid Waste Department. Those positions shall be
posted and filled under Article 11B for bargaining unit employees to volunteers as temporary
work assignments in the Solid Waste Department. Prior to implementing Article 11B (2) the
remaining soft yard waste pickup positions may be filled with summer help in the Solid Waste
Department through the first Friday in December. No summer help will remain employed
beyond the end of October and through the first Friday in December except to fill the remaining
unfilled temporary work assignments for soft yard waste pickup.

B. Whenever the City hires employees, as a condition of continued employment,
they shall become, sixty (60) calendar days after their employment, members of the Union,
except those employees excluded in paragraph A above.

C, The City agrees that it will not discriminate against, intimidate, or coerce any
employee in the exercise of his rights to bargain collectively through the Union on account of
membership in or activities on behalf of the Union. The City agrees that it will deal with the
Union for the purposes of bargaining with respect to wages, hours of duty and working
conditions of members of the Bargaining Unit.

Dz. Should there be a dispute between an employee and the Union over the matter of an
employee’s Union membership, the Union agrees to hold the City harmless in any such dispute.

ARTICLE 3_- NON-DISCRIMINATION

It is also agreed that factors such as sex, race, color, national origin, religion, lawful political or
employee’s organization affiliation, age, marital status or non-disqualifying disability are not
considerations in evaluating the qualifications of an employee or prospective employee.

ARTICLE 4 - MANAGEMENT RIGHTS

Except as otherwise expressly and specifically provided in this agreement, the Union recognizes
that the direction of the Division’s operations; the determination of the methods and means by
which such operations are to be conducted; the supervision, management and control of the
Division’s work force; the right to hire, promote, transfer, and layoff employees; the right,
lawfully and for just cause, to demote, discipline, suspend or discharge employees; the right to
determine the hours and schedules of work and the work tasks and standards of performance for
employees, and all other rights and responsibilities not specifically provided in this agreement,
shall remain the function of Management and the Board of Public Works, all in accordance RSA
Ch. 273-A. It shall be the right of the Union, however, to present and process grievances of its
members whose wages, working conditions or other rights expressly and specifically provided in
this Agreement are violated, by Management or the Board.

ARTICLE 5 - DUES DEDUCTION

A. The City agrees to deduct the official dues of said Union from the wages of each
employee who is a member of the Union, and pay the total amount of dues so collected to the
Treasurer of Local #365 of the Union the week the deductions are made.

B. In the event that the employee has no pay coming to him or her, or the check is
not large enough to satisfy the dues deduction, no deduction will be made for that pay period.

Cc. In no case will the City collect fines or assessments for the Union other than dues
as provided under A, above.

ARTICLE 6 - INITIAL PROBATION

A. The first sixty (60) calendar days of regular full-time employment on an
uninterrupted basis except by reason of lay-off or approved leave of absence is established as a
probationary period.

B. The City has the right to extend the probationary period. Should it do so it will
notify the Union seven (7) days in advance thereof.

C, This agreement shall not apply to employees until they have successfully
completed probation.

ARTICLE 7 - WAGES

A. A one and one-half percent (1.5%) increase in wages effective July 1, 2017; a one
and one-half percent (1.5%) increase in wages effective July 1. 2018: a one and opechalt percent
(1.5%) increase in wages effective July 1, 2019: a one and one-half percent (1.5%) increase in
wages effective July 1, 2020; a two percent (2%) increase in wages effective July 1, 2021; and a
two _and a half percent (2.5%) increase in wages effective July 1, 2022 all of which is in
accordance with the classification wage schedule set forth in Appendix A of this Agreement.
Employees who are employed by the City when_this Agreement _is signed are eligible for
retroactive application of the above increases. Employees who have retired during the term of
this contract are eligible for these increases to date of retirement, but only for straight time and
overtime hours worked. There will be no re-computation of pay on accumulated leave. Pay due
as_a result of retroactive application shall be paid on or before 90 calendar days following the
signing of this Agreement. A-ene-and-one-half-pereent-+5%o}inerease in-wages- effective July,
20 ba ene and one-quarter percent {123% Hinerease troayeges eteenve January 2-5: a ene
apd onehall percent 5% }inerease in wages ellective duty t, HS: ene and one-quarter
percent {25% }+nerease in wages effective January 20146; a-one-and-one-halt pereent-{15%)
imerease in wapes-effectve July |, 26+6--and a one helt percent 16.3%} Gneredse bt awages
effcctive-Noverber-1,-2016-whieh-ie in ateerdiice with the classifies stege schedite set
forthdn Appendix A of this Agreement. iimplovees who have telired durme the team of this
econtract-are eligible tor these inereases to-date of +etiement—butonly ferstraight time—and
ever me -henrs worked here- wilt be ne+re-compulalon of pay-en-aecunnilated leave,

A list of current AFSCME positions and wage rates are attached as Appendix A. During
the term of this Agreement, the Union and the Board of Public Works may agree to add new
positions and wage rates to Appendix A or change wage rates based on changes to the position.
The City will pay the employee based on any additions or changes agreed upon.

B. Bargaining unit members regularly assigned to work on the second shift for a
week or more in consecutive days will be paid shift differential pay of thirty (30) cents per hour.
Bargaining unit members regularly assigned to work on the third shift for a week or more in
consecutive days will be paid shift differential pay of forty (40) cents per hour. Commencing on
May 1, 2009, Members shall receive that differential for all leave paid under articles 15, 16, 17,
18, 19, 20 and 21.

C. During a period during the winter months, certain Park Department ermployees
will normally be scheduled to work a shift starting at 10:45 p.m. and will work eight (8)
consecutive hours until 6:45 am. Shift differential pay of forty (40) cents per hour will be paid
for time worked on this shift. The shift will be staffed, first, by employees desiring this shift; if
the staffing is not adequate, this shift will be filled by employees in order of reverse seniority
within the Department regardless of classification. Leave time taken by those employees during
the period when their schedule commences at 10:45 p.m. will be paid at the premium rate.
Overtime worked by those employees during the period when their schedule commences at
10:45 p.m. will be paid in accordance with Article 9, paragraph (B). This shift will be devoted to
winter maintenance of skating rinks, snow removal work and other work as assigned.

D. After a bargaining unit employee has been assigned and has worked in a
classification in a higher pay level than the employee’s regular classification, for an accumulated
period of one hundred twenty (120) hours within a twenty-four month period, the employee shall
be entitled to the pay rate of the higher paid classification while working in such classification if
the employee is assigned to and works in the higher paid classification for a minimum of eight
(8) hours in any one (1) calendar day.

E. Employees who operate the sweeper, and-Lawn_Tractor Operator-tmultiple rotary

units tractor)drives pulling the hot box or operates a vehicle required by state or federal law to be
operated by a CDL-A license and who have met the qualification period specified in paragraph
ED above, will be paid a differential of forty<40)-centsone_ dollar ($1.00) per hour above the
truck-driver rate_of the position in addition to any shift differential which may be appropriate,

while operating such equipment. A-forty-(46}-cents-per-hour premiumwill_-be-paidte any driver
reguiced-io-pril-the-het-ber

F, Equipment operators at the Solid Waste Department who hold valid Asbestos
Disposal Site Worker licenses issued by the New Hampshire Department of Environmental
Services will be paid a differential rate of $1.00 per hour when performing asbestos remediation
activities outside of normal landfill operations on City properties or projects and working within
the scope of their license.

ARTICLE 8 - WORK WEEK AND WORK SCHEDULE

A. The workweek shall consist of seven (7) consecutive twenty-four (24) hour
periods with 12:01 AM Sunday being the end of the workweek.

B. The normal work schedule shall consist of five (5) consecutive eight (8) hour
workdays.
C. Employees engaged in continuous operations are defined as being any employee

or group of employees engaged in an operation for which there is regularly scheduled
employment for twenty-four (24) hours a day, seven (7) days a week. The workweek for
employees engaged in continuous operations shall consist of five (5) consecutive eight (8) hour
days. The City will schedule regular working hours and regular workweeks to suit specific jobs
in continuous operations.

D, The City may establish working hours for jobs having other than normal
requirements.

E. Any change in the regular work schedule hours shall be the subject of discussions
between the Union and the City before being implemented.

F, Employees shall be allowed a fifteen (15) minute wash-up period prior to the end
of the work shift.
G. Assignments as collection equipment operators/rubbish collectors will first be

made from those who desire the position.

H. Assignments as collection equipment operators/rubbish collectors not filled under
paragraph G, above, will be filled in reverse order of seniority, with the least senior employee
being selected first.

L Rubbish collection will be scheduled in accordance with Appendix B.
ARTICLE 9 - OVERTIME

A. Time and one half the employee’s regular hourly pay shall be paid for work
assigned and performed in excess of eight (8) hours in a workday, or in excess of forty (40)
hours in a workweek.

B. Paid sick leave, paid holidays, personal days, military active duty for training,
jury duty, bereavement leave, or other excusable reasons of similar urgency as determined by the
Superintendent with the approval of the City, shall be considered as time worked for the purpose
of computing overtime pay.

C. When Park Department employees go on permanent night shift assignment, all
overtime for these employees in the Park Department will be based on the premium rate of pay
(base pay plus shift differential) for all overtime work performed.

D. Any person who left his/her place of employment and is recalled to work prior to
the next regular shift will be paid for a minimum of three (3) hours at the rate of time and one
half; provided, further, that an employee who is called back for overtime or emergency work and
completes the required task and returns to his/her residence within the three (3) hour minimum
guarantee may be called back for overtime or additional emergency work without an additional
three (3) hour minimum work guarantee. In order to receive the (3) hour minimum, the
employee must report for work within (60) sixty minutes from the time called; otherwise the
employee shall only be paid for actual time worked.

It is the purpose and intent of this section to assure an employee of at least three (3) hours
of pay at overtime rate for the inconvenience of being called back to work between normal shifts,
but not to be separately paid for several call-backs within the three (3) hour minimum guarantee
period.

E; Any employee who is called back for one (1) hour or less prior to the start of
his/her normal shift shall receive such time at the overtime rate, but is excluded from the three
(3) hour minimum guarantee outlined in paragraph D, above.

F. The workday or the workweek will not be interrupted to avoid the payment of
overtime.

G, For the purpose of distribution of overtime on a rotating basis as discussed in
paragraphs H through K below, all classifications and work locations which have overtime as
part of the regular schedule shall not have such overtime considered as overtime opportunities.

H. Overtime work which is scheduled in advance or which requires employees to be
called in for unscheduled work shall be offered first on a rotating basis among all qualified
employees by classification in the department of the division which normally performs the work,
except as modified in paragraph I, below. If the overtime situation requires additional
employees, then such overtime shall be offered to any qualified employee in the department, then
to any qualified employee in the division, and then assigned to any qualified employee in the
order of reverse seniority within the department.

I. Placement for the overtime rotation will be by classification seniority. Once the
rotation is established, the senior employee will be offered the next overtime opportunity.
Subsequent overtime opportunities will be offered to employees in order of seniority. Whether
the overtime opportunity is accepted or rejected, the individual will be placed last in the rotation.

a Any employee who accepts overtime but does not appear for said work without
adequate justification shall be subject to disciplinary action.

K. Except in emergency situations, an employee who is on vacation, sick leave,
military training or bereavement leave shall not be called for overtime work until the employee
returns to his/her regular shift. An employee using vacation and/or sick time during a rest period
under Appendix E shall maintain their eligibility for overtime.

L. No temporary or probationary employee shall be assigned overtime work until all
qualified regular employees shall have had the opportunity to accept the assignment.

M. Any employee, if physically able, shall be required to work in an emergency, if
needed.

N. Employees of the Solid Waste Department may be required to work as follows
during a week in which a holiday is observed. When a holiday is observed on a Friday,
collection equipment operators maybe required to work on the Friday as determined by the
Board of Public Works. When a holiday is observed on a Monday, collection equipment
operators may be required to work on the following Saturday. A volunteer substitute, who is
acceptable to the supervisor, may take the place of an individual collection equipment operator
on such work assignment provided that classification of the substitute does not exceed the pay
classification of the collection equipment operator.

O. If at the beginning of the workday, the Superintendent or his/her designated
representative identifies a project for potential overtime, the work force will be notified of this
potential and adjustments will be made at that time so that the work force finally constituted will
be available for overtime, if required.

Notwithstanding the above, if an unforeseen and unanticipated situation occurs during the

course of a workday that requires work beyond the usual workday hours, the employees

currently working on such assignment may be assigned no more than one additional hours to
continue work on the_project. The parties agree that this section is not intended to usurp the
overtime list. Instead, it is intended to be used to address unforeseen and unanticipated situations
that occur on a given work day at a given work site.

P. Master Overtime List

1.

Each department shall have a list of employees by classification seniority and
a department master overtime list by division seniority within the department.

2. Overtime by classification seniority shall be on a rotating basis.

3. Overtime by department master overtime list shall be on a rotating basis.

4. Employees who normally perform the work according to classification shall
be offered the overtime first.

5. Should overtime remain unfilled within the classification, the overtime shall
be offered to qualified employees according to the department master
overtime list.

6. There shall be two (2) possible entries other than a blank box on a master
overtime list:

A = Accepted
or
R = Refused

7. A box shall remain blank if the employee is working when the overtime was
to occur. If an employee is currently working an overtime shift, then they will
not get a blank box. Blanks shall not accumulate.

8. There will be a stop point on the master overtime list from which overtime
was filled; employees remaining with blanks shall be contacted prior to
continuing on with the list.

9. Should the overtime remain unfilled, the overtime will be offered outside the
department by Department master overtime list according to the following
orders:

STREET PARKS SOLID WASTE

1. Parks Dept. 1. Wastewater Dept. 1. Street Dept.

2. Solid Waste Dept. 2. Street Dept. 2. Wastewater Dept.
3. Wastewater Dept. 3. Solid Waste Dept. 3. Parks Dept.

WASTEWATER

___1. Solid Waste Dept.
2. Street Dept.
3. Parks Dept.

ARTICLE 10 - SENIORITY
A. There shall be three types of seniority:

(a) Division Seniority
{b) Department Seniority
(c) Classification Seniority

Division Seniority is the length of service an employee has with the Division of Public Works.
Department Seniority is the length of service an employee has with a particular department
within the Division of Public Works. Classification Seniority is the length of service an
employee has within a particular job classification.

In the event more than one employee is hired on the same day, their seniority shall be based on
the letter(s) of their name. The employee’s last name shall be considered first, first name shall be
second and the middle name shall be considered in the event the employees have the same first
and last name. The first letter of the last name will be considered first starting with letter "A"
being first in seniority, and "Z" being last in seniority. If the letters being compared are the same,
the next letter will be considered. In the event one employee's name being compared ends and
the other employee(s) have more letters, the employee with no other letters shall have higher
seniority.

B. The term “service” as used in this Agreement shall mean time when the employee
is physically present on the job, together with any authorized paid leave granted pursuant to this
agreement. For employees hired after the date of this agreement, it shall not include the
employee’s initial probationary period set forth in Article 6.

Cc, The term “length of service” as used in this Agreement shall mean accrued time in
service as defined in B above. In the event of authorized unpaid leave, suspension or layoff, the
employee shall retain such length of service as was accrued on the date of the authorized unpaid
leave, suspension or layoff, but shall commence further accrual only upon such return and shall
not accrue length of service during such leave, suspension or layoff period. In the event of
retirement, resignation, death, or other permanent termination of employment, the employee
shall lose all accrued length of service.

D. The Division of Public Works shall establish a seniority list of all types of
seniority specified under A above, and it shall be brought up to date as of July 1 of each fiscal
year. A copy of the list shall be mailed to the Union. Any objections to the list as established
shall be reported to the Division Director within ten (10) days, or it will stand as approved.

E. Until an employee has served the sixty (60) day probationary period, it shall be
deemed that the employee has no seniority status, and the employee may be discharged or laid

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off with or without cause, and such discharge or layoff shall not be subject to the grievance
procedure.

F, The employee’s present classification seniority as of the effective date of this
contract, shall be the only type of seniority considered for the purpose of establishing the
classification seniority system called for in this Article. This classification seniority must have
been continuous in nature to merit consideration under this section. The preparation and
maintenance of the classification seniority roster shall be the responsibility of the Division of
Public Works, approved by the Union, and is to be part of this agreement.

G. In cases of promotions and transfers, Department Seniority shall be the type
considered. Where Department Seniority of two qualified candidates is identical, Division
Seniority shall be the type considered.

H, Layoffs will be made on the basis of job classification with the employee having
the least Division Seniority being the first identified for layoff. Laid off employees will have the
option of bumping by seniority if they are minimally qualified for that position and hold any
required certifications, permits or licenses associated with that position. An employee so bumped
shall have the same rights.

The division shall not increase beyond the 2009 season level the number of summer and
temporary positions, exclusive of summer pool instructors and lifeguards, during the term of this
contract following any attrition in the number of members employed in bargaining unit positions.

The board of public works acknowledges the union has job security concerns and that this
language shall not be interpreted in such a way as to replace regular employees with summer

help.

The City agrees to maintain at least 110 AFSCME positions through the term of this
contract, ending on June 30, 2014.

I. The names of employees laid off from the bargaining unit will be maintained on a
recall list for three (3) years from the date of such layoff and such employees will be offered
their job classifications in the event of a recall. If a laid off employee is notified by telephone or
by letter sent certified mail to the employee’s last known address on the records of the Division
to report to work, the employee must notify the Division within five (5) days of the employee’s
intention to comply or accept and must report to work within two (2) weeks of such notification
or the employee shall cease to have any rights based on seniority and shall be terminated.
Recalled employees who return to work will be credited with prior length of service provided
such employee has not withdrawn his or her contributions from the Employee Retirement Plan to
which he/she belonged.

J. In the event that an employee transfers to the Public Works Division from any

other City Division/Department, said employee will be assigned a Division Seniority date and a
Department Seniority date which shall be the same as the date of such transfer.

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