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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.

es 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.

D. 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.

C. 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.

Cc. 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 one-half 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 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 employees
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.

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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, 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 D above, will be paid a differential of one dollar
($1.00) per hour above the rate of the position in addition to any shift differential which may be
appropriate, while operating such equipment.

E, 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 - WORKWEEK 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.
G 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.

Cc. 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,

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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.

J. 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.

CD: 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.

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

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

. Should overtime remain unfilled within the classification, the overtime shall

be offered to qualified employees according to the department master
overtime list.

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

A= Accepted
or
R = Refused

. 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.

. 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.

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

PARKS SOLID WASTE

STREET

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

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

1. Street Dept.
2. Wastewater Dept.
3. Parks Dept.

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.

C; 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
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.

L 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. Ifa 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 cr 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.

ARTICLE 11 - VACANCIES, PROMOTIONS AND TRANSFERS

A. Within ninety (90) days of the occurrence of a permanent opening in a
department, the City shall either abolish the job or post it and fill it in accordance with the
provisions below:

a. Ifa permanent job in a department is not abolished, the job shall within said ninety
(90) days be posted on bulletin boards in the respective departments together with the
title or the classification, the duties involved, rate of pay, job location, and the shift. The
posting shall occur for a period of fifteen (15) days. All applicants shall then be
considered on the basis of minimum qualifications, seniority, experience, and ability. If
an applicant is qualified by reason of such minimum qualifications, seniority, experience,
and ability, the job will be filled within thirty (30) days following the close of the posting
period.

b. The City may administer testing procedures to determine the qualifications of
applicants for a posted vacancy. If an employee has acquired sufficient creditable

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experience it can be considered in lieu of the testing procedure. The City has the right to
determine job qualifications, provided they are limited to those factors directly required
to satisfactorily perform the job. Wherever possible, promotions shall be made from the
ranks of regular employees who are employed in the department in which the vacancy
occurs. The Division shall promptly post the names of employees selected for posted
jobs.

c. An employee selected by the City for a posted job shall have a trial period of sixty
(60) days, starting on the effective date of appointment to the position as approved by the
Board of Public Works. The effective date of appointment will be within seven (7) days
following the Board of Public Works meeting, and will be within the time frames
established in subsection (a) above. At the end of said trial period, the City may do one
of the following:

(1) Consider the employee qualified and assign the new classification.

(2) Consider the employee unqualified and return the employee to the employee’s
former classification without the loss of seniority.

(3) Consider the employee questionably qualified and extend the trial period an
additional thirty (30) days, after which the City must act under (1) or (2) above.

d. After an award is made of a promotion, the name of the person promoted shall be
posted for five (5) working days following said award. Employees may file a grievance
in accordance with the grievance procedure.

e. The City agrees that members of the Union may apply for any vacant or newly created
supervisory or administrative position and will receive full consideration according to
their qualifications. However, final selection of such persons shall be the sole
prerogative of the City.

f. Any employee who is awarded a transfer shall be allowed to transfer back to his/her
former position within their probationary period. In addition, any employee may transfer
back to his/her former position or to another position, if the other position has a higher
pay rate, for a period of one year after the award is made, and only if a vacancy exists.

B. TEMPORARY JOB ASSIGNMENTS

1. The superintendent may make temporary job assignments which will be filled as
required on the basis of ability, experience required, and departmental seniority. The
employee temporarily assigned will be paid his or her regular pay rate or the pay rate of
the job to which he/she is temporarily assigned, whichever is higher, provided he/she
qualifies under the 120 hour clause as in Article 7, paragraph D.

2. If a temporary job assignment is mandated after it has been posted division wide by
the City without any volunteer having the necessary ability and experience required, the
city will assign the least senior employee in the division who has the necessary ability
and experience required for the temporary job assignment.

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3. In the case of a temporary assignment to a higher paid classification, the employee
shall receive the rate of pay to which he is entitled under paragraph B.1., above, for
absences caused by paid holidays, provided he is assigned in the higher paid
classification both the workday before and the workday after the holiday.

ARTICLE 12 - WORK POLICY AND REGULATIONS

A. The City may adopt rules for the operation of the division and the conduct of
employees provided such rules do not conflict with any of the provisions of this Agreement.

B. It is agreed that the City has the right to discipline or discharge employees for just
cause. Examples of just cause which apply include, but are not limited to: reporting for work
under the influence of an alcoholic beverage or illegal drugs; bringing an alcoholic beverage or
illegal drug on the job; drinking an alcoholic beverage or using illegal drugs during working
hours; discrimination; theft; knowingly submitting false reports; damaging equipment through
negligence or carelessness; failure to observe safety rules, excessive tardiness or absence;
insubordination; or similar serious offenses.

It is further agreed that if an employee currently employed by the City is convicted of a
Class A felony as defined in the New Hampshire criminal code, that employee will be
immediately discharged.

es All documentation of written warnings and suspensions shall be removed from an
employee’s personnel file after three (3) years provided that the employee has had no infractions
of discipline within that period. All documentation of verbal warnings shall be removed from an
employee’s personnel file after two (2) years provided that the employee has had no infractions
of discipline within that period.

D. In justice and fairness to the taxpayers of the City, all employees shall be required
to report to work on time, shall not leave the job early, shall be prompt in reporting to their
assigned duties, and shall faithfully perform their duties. It is also agreed that no union business
will be transacted on City time, except as specified in Article 14, The Union recognizes that the
efficient delivery of services is a primary objective of the parties under this contract.

E; It is agreed that any employee leaving his work without authorization of his/her
foreman will forfeit the pay for the time while absent from his/her assigned job for the first such
absence, and will be subject to disciplinary procedures, authorized under paragraph B above for
each subsequent absence.

F, It is agreed that the “service slip” system will apply when employees are sent out
individually or in pairs to perform particular tasks, and that Foremen are required to sign these
slips at the time the work is completed.

G. No employee will be required to appear before the Board of Public Works, the

Mayor, the Director of Public Works, or the Superintendent or his/her designee on any
disciplinary matter without union representation.

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