Search

LEGISLATIVE YEAR 2022

RESOLUTION: R-22-024
PURPOSE: Approving the cost items of a collective bargaining agreement

between the Nashua Board of Police Commissioners and the
Nashua Police Patrolman’s Association from July 1, 2022
through June 30, 2026

ENDORSER(S): Mayor Jim Donchess
Alderman-at-Large Lori Wilshire

Alderman Richard A. Dowd

COMMITTEE
ASSIGNMENT: Budget Review Committee
FISCAL NOTE: The cost analysis is attached.

ANALYSIS

This resolution approves the cost items of a collective bargaining agreement between the City of
Nashua Board of Police Commissioners and the Nashua Police Patrolman’s Association. The
Agreement has a term of four years, commencing on July |, 2022 and expiring on June 30, 2026.
The Board of Aldermen must vote whether or not to approve the cost items of this contract within
thirty (30) days of receipt. RSA 273-A:3 I] (c).

Approved as to account Financial Services Division
number and/or structure,
and amount:

By: /s/John Griffin

Approved as to form: Office of Corporation Counsel

By: Prud Che tte
Date: i. Apurk DFR

Line No.

oan ePameawn —

City of Nashua 3/18/2022
Police Patrolmen Contract Analysis
Employer Costs
Base Proposed Contract Years
Description FY22 FY23 FY24 FY25 FY¥26
Number of Employees in Analysis 136 136 136 136 136
Negotiated Rank Base Salary Increases 2.757% 3.00% 3.00% 3.00%
Base Pay Calculations
Rank Pay including In Grade Promotions $ 10,923,577 $ 11,223,975 $ 11,560,695 $ 11,907,515
Negotiated Rank Base Salary Increases 300,398 336,719 346,821 357,225
Total Base Pay $ 10,923,577 $ 11,223,975 §$ 11,560,695 $ 11,907,515 $ 12,264,741
$ Change over Prior Year $ 300,398 § 336,719 $ 346,821 $ 357,225
% Change over Prior Year 2.78% 3.00% 3.00% 3.00%
her Salary Cos'
Overtime $ = 1.818,508 $ 1,868,517 $ 1,924,572 $ 1982310 $ 2,041,779
Outside Details 425,960 425,960 425,960 425,980 425,960
Longevity 45,750 47,550 54,050 60,550 77,250
Holidays 503,706 517 558 533,085 549,077 565,550
Educational Benefits 20,000 20,000 26,600 20,000 20,600
Educational Incentives 81,800 99,250 99,250 99,250 99,250
Clothing Allowance 106,175 106,175 106,175 106,175 706,175
Wellness Reimbursement A ‘awance 27,400 27,400 27,400 27,400 27,400
Total Gther Salary Costs $ 3,033,299 $ 3,112,410 $ 3,190,492 $ 3,270,722 $ 3,363,363
$ Change over Prior Year $ 79,111 § 78,082 $ 80,230 $ 92,642
% Change over Prior Year 2.61% 2.51% 2.51% 2.83%
Base Pay and Other Salary Costs
Total Base Pay and other Salary Costs $ 13,956,876 $ 14,336,385 $ 14,751,187 $ 15,178,237 $ 15,628,104
$ Change over Prior Year 379,509 414,802 427,051 449,867
% Change over Prior Year. 2.72% 2.89% 2.90% 2.96%
Average Annual Salary and Other Salary Costs $ 102,624 $ 105,415 $ 108,465 $ 111,605 $ 114,913
Average Annual Increase per Employee $ 2,791 $ 3,050 $ 3,140 $ 3,308
Average Percentage Increase per Employee 2.72% 2.89% 2.90% 2.96%
Retirement Costs
Pension - NHRS (FY23 - 33.88%; FY24-F ¥26 - 33.88%} $ 4,513,812 $ 4636,478 $ 4,777,013 § 4921698 $ 5.074.113
Medicare (1.45%) 193,183 194,077 199,565 205,610 211,983
Total Retirement Costs 4,706,995 4,830,555 4,976,578 5,127,308 5,286,095
$ Change over Prior Year/Average 123,560 146,023 150,730 158,787
% Change over Prior Year/Average 2.63% 3.02% 3.03% 3.10%
Average Retirement Costs § 34,610 $ 35,519 $ 36,592 $ 37,701 § 38,868
Average Annual Increase per Employee $ 909 § 1,074 $ 1,108 § 1,168
Average Percentage Increase per Employee 2.63% 3.02% 3.03% 3.10%
Insurance Benefits Costs
Medical Insurance Costs (6% Increases - Savings in FY24) $ 2,706,484 $ 2,868,873 $ 2,904,622 $ 3,078,899 $ 3,263.633
Less: Employee Contributions (20%) (541,297) (573,775) (580,924) (615,780) (652,727)
Subtotal - Medical Costs to City $ 2,165,187 $ 2,295,098 $ 2,323,697 § 2,463,119 $ 2,610,906
Dental Insurance Costs (1% Increases) 126,678 127,945 129,224 130,516 131,822
Life Insurance Costs 17,960 17,900 17,900 17,900 17,900
Total Insurance Benefits Costs $ 2,309,765 $ 2,440,943 $ 2,470,821 $ 2,611,536 $ 2,760,628
$ Change over Prior Year 162,389 35,749 174,277 184,734
% Change over Prior Year 6.00% 1.25% 6.00% 6.00%
Average Insurance Benefits Costs 5 16,984 §$ 17,848 $ 18,168 § 19,202 $ 20,299
Average Annual Increase per Employee $ 965 $ 220 $ 1,035 § 1,096
Average Percentage Increase per Employee 5.7% 1.2% 5.7% 5.7%
Total Cost of Contract
Total Compensation $ 20,973,636 $ 21,607,883 $ 22,198,586 $ 22,917,081 § 23,674,827
$ Change over Prior Year $ 634,247 $ §90,703 $ 718,495 $ 787,747
% Change over Prior Year. 3.02% 2.73% 3.24% 3.31%
Average Annual Total Compensation Package $ 184,218 $ 158,881 § 163,225 $ 168,508 $ 174,080
Average Annual Increase per Employee $ 4,664 § 4,343 $ 5,283 $ §,572
3.02% 2.73% 3.24% 3.31%

Average Percentage Increase per Employee

¥21/20222:11 PM

COLLECTIVE BARGAINING
AGREEMENT

BETWEEN
NASHUA POLICE COMMISSION
AND

NASHUA POLICE PATROLMAN'S
ASSOCIATION

July 1, 2022 - June 30, 2026

TABLE OF CONTENTS

ARTICLE TITLE OF ARTICLE PAGE
1 Preamble 1
2 Recognition 1
3 Definitions 1
4 Stability of Agreement 2
5 Deduction of Dues 2
6 Employee Rights 3
7 Management Rights 5
8 Open Shop 6
9 Strikes & Work Stoppages 6
10 Grievance Procedure 6
11 Residence 8
12 Vacations 8
13 Longevity 11
14 Holidays 11
15 Uniform Allowance 11

15A Wellness Reimbursement Allowance 12
15B Wellness Incentive 12
16 Medical/Hospital, Life, & Dental Insurance 13
17 Sick Leave 17
18 Bereavement Leave 18
19 Emergency Leave 19
20 Personal Days 19
21 Exchange of Workdays 20
22 Shift Exchanges 21
23 Wages 21
24 Work Schedules 23
25 Overtime 23
26 Court Time 24
27 Outside Details 24
28 Bulletin Boards 26
29 Partial Invalidity and Separability 26
30 Educational Benefits/Educational Incentive 26
31 Waiver 28
32 Collective Bargaining Meetings and Contracts 28
33 Time Coming 29
34 Long-Term Disability Coverage 29
35 Shift Bid System 30
36 Military Leave of Absence 32
37 Term of Agreement 33

ARTICLE 1
PREAMBLE

Pursuant to New Hampshire RSA 273-A, and other applicable laws and statutes, this Agreement
has been entered into by the Nashua Board of Police Commissioners, hereinafter referred to as
the “Commission” and the Nashua Police Patrolman’s Association, hereinafter referred to as the
“Union.” Both parties agree to be bound by the provisions of this Agreement.

NOTE: All references herein to the masculine gender shall be construed to include the feminine,
and ail singular to include the plural.

ARTICLE 2
RECOGNITION

The Commission recognizes the Union as the sole and exclusive representative for full-time and
part-time employees of the Nashua Police Department, as defined in Article 3 of this contract, for
the purposes of collective bargaining with respect to wages, hours, and other terms and
conditions of employment.

Nothing in this Agreement shall be construed as a waiver of the Union's right to collectively

bargain over any changes in mandatory negotiable wages, hours, or other terms or conditions of
employment.

ARTICLE 3
DEFINITIONS

A. BOARD OF POLICE COMMISSIONERS: Police Commissioners appointed in
accordance with Chapter 3, Section A-101, of the Nashua Revised ordinances.

CHIEF: Chief of Police of the Nashua, New Hampshire, Police Department.
CITY: The City of Nashua, New Hampshire.

COMMISSION: The Nashua Board of Police Commissioners.

mo oO @

DEPARTMENT: The Nashua, New Hampshire, Police Department and its staff members
to include the Chief of Police, the Deputy Chiefs, the Bureau Commanders, and other
supervisory/ administrative positions that hold the rank of Captain or above.

F. EMPLOVEE: All full-time police officers below the rank of Sergeant who have completed
their probationary period of one year with the Department.

G. GRIEVANCE: A written complaint signed by one or more employees or the Union, or the
Commission, which alleges a violation, misinterpretation or misapplication of any
grievable provision of this Agreement.

H. GRIEVANT: The person or party filing and signing the grievance.

I. MANAGEMENT: The Commission; the Chief of Police; the Deputy Chiefs; or, the Bureau
Commanders.

J. PARTIES: The Commission; the Union.

K. RESPONDING AUTHORITY: The person or party to whom the grievance is presented.

L. SENIORITY: Established first by date of certification as Master Patrol Officer, then by
date of hire.

M. UNION: Nashua Police Patrolman's Association.

N. PART-TIME POLICE OFFICER: A police officer who:

1. Works 34 hours or less a week and does not contribute toward the NH
Retirement System;

2. Is assigned to work a technical or specialty position within the Department;

3. Does not perform any normal patrol police function except for their assigned
specialty/technical position; and

4. Meets training or other requirements as outlined by the NH Police Standards &
Training Council, applicable CALEA and/or State Accreditation Standards, and
the Department.

ARTICLE 4
STABILITY OF AGREEMENT

No amendment to, modification of, or change in, the terms or provisions of this Agreement shall
bind the Commission or the Union unless made and executed in writing and signed by an
authorized representative of each party.

ARTICLE 5
DEDUCTION OF DUES

A. An employee, who is or who may become a member of the Union, may execute a written
authorization providing that a portion of their salary representing monthly dues be
withheld weekly and forwarded to the Union.

B. Upon receiving a properly executed Authorization and Assignment Form from an
employee, the Commission shall cause the City Comptroller to deduct from salary due,
the amount authorized.

1. Each month, a check for the amount of all dues deducted, along with a current
list of members from whose salary dues deductions have been made, shall be
transmitted to the Local Treasurer of the Union as follows: Comptroller - Nashua
Police Patrolman's Association, P.O. Box 3783, Nashua, NH 03061-3783.

2. The deduction shall be only in the amount, certified in writing by the President or
the Treasurer of the Union, as representing monthly dues uniformly required as a
condition of acquiring or retaining membership.

C. An employee who executes such authorization form shall continue to have such
deductions made from their salary during the term of the Agreement or until he notifies

the Commission in writing, with a copy to the Union, that the Authorization and
Assignment Form is being revoked, and the employee thus withdraws the authority for
the deduction of dues. Dues deductions shall be made without cost to the employee or
the Union.

Dues deductions shall be subordinate to deductions required by law. No deductions shall
be made if an employee has insufficient salary in any pay period. The Commission shall
not be responsible for deducting any arrearage in dues owed to the Union by a member.

Deductions shall automatically terminate upon the occurrence of any of the following

events:
1.
2.
3.
4.

Termination of employment;
Transfer out of the bargaining unit;
Lay-off or reduction in force;

Revocation by the employee of Dues Authorization.

The Union shall indemnify and save harmless the Commission, the Department, and from
any and all suits and damages arising out of, or in connection with, such dues
deductions.

ARTICLE 6
EMPLOYEE RIGHTS

It is agreed that neither the Commission, nor the Department will:

1.

2.

Dominate or interfere in the formation or administration of the Union;

Discriminate in the hire, tenure, or the terms and conditions of employment of
employees, for the purpose of encouraging or discouraging membership in the
Union;

Discharge, suspend, discipline, or otherwise discriminate against any employee
because the employee has filed a complaint, affidavit, or petition, or given
information or testimony on a grievance, as set forth in RSA 273-A;

Restrain, coerce, or otherwise interfere with the Union in the exercise of rights
granted by statute or this Agreement.

During the disciplinary process, the following will apply:

1.

2.

To be disciplined for just cause only.

To determine if a hearing will be a public or nonpublic session in accordance with
RSA 91-A:3, Il-(a);

To be notified that a documented complaint has been received from a citizen
against an employee, unless said notification would directly interfere with an on-
going investigation conducted by the Nashua Police Department.

4,

A police officer, being interviewed where discipline could result or at a
meeting/hearing concerning pending discipline, will be afforded one
representative from the Collective Bargaining Unit only as it pertains to the below
listed procedures under NLAB v. Weingarten:

» The employee must reasonably believe that the interview will result in
disciplinary action.

” The employee must request such representation.

- The exercise of the right to representation cannot unduly interfere with
legitimate needs of the employer.

During an investigation conducted by the Nashua Police Department of an
offense committed which could result in criminal proceedings, administrative
rights may be provided to the police officer. The administrative rights as outlined
under Garrity v. New Jersey are to:

» Advise the officer that the answers to the questions will not be used against
the officer in criminal proceedings.

Order the officer to answer the questions under threat of disciplinary action;
and

V

Ask questions which are specifically, directly, and narrowly related to the
officer's duties or the officer's fitness for duty.

w

As outlined under Cleveland Board of Education v. Loudermill, prior to discipline
being imposed (pre-disciplinary hearing/meeting), a police officer is entitled to
receive:

A written notice of the charge(s);

St

A gist of the allegations;

‘

Possible disciplinary action(s) to be taken; and

‘

7 Anopportunity to be heard.

For post-disciplinary hearings, an employee is entitled to receive copies, in total,
of the documentation supporting the punitive disciplinary action(s).

Interviews and investigations conducted by the Nashua Police Department shall
be concluded with no unreasonable delay. The employee shall be advised either
in writing or verbally of the results of the completed, documented Nashua Police
Department investigation.

When the Nashua Police Department conducts an investigation, during the
interview of any employee it shall be at a reasonable hour, preferably when the
employee is on duty, unless exigency of the interview dictates otherwise.

The Department maintains a purging system for official personnel files as follows:

1. The respective officer may request a review of stale disciplinary documentation in
his/her personnel file as outlined below:

* Remedial Training/Counseling Form: Purged after five (5) years with the
option that it can be reviewed/purged by the Chief of Police after three {3}
years. **See EES below.

* Letter of Warning: Purged after five {5} years with the option that it can be
reviewed/purged by the Chief of Police after three (3) years. “*See EES
below.

¢ Letter of Suspension: Purged after seven (7) years with the option that it can
be reviewed/purged by the Chief of Police after five (5) years. *“*See EES
below.

e “*EES: In such cases where said documentation pertains to having been
placed on the Exculpatory Evidence Schedule (EES), the related
documentation will remain in the member's personnel file. If the member is
taken off the EES, the purging of the documentation will follow the respective
timeframes outlined above.

ARTICLE 7
MANAGEMENT RIGHTS

The Commission, and its designees, shall have, whether exercised or not, all of the rights,
powers and authority vested in it by virtue of the Statutes of the State of New Hampshire and the
Nashua City Charter, including, but not limited to, the specific rights to:

A.

B.

Control the management and administration of the department;
Hire, promote, transfer, assign, retain, and direct employees within the department;

Suspend, demote, discharge, and take other disciplinary actions against employees for
just cause;

Issue, modify, and enforce Rules and Regulations which do not violate the terms of this
Agreement.

Determine the methods, means, and personnel by which Department operations are to
be conducted;

Determine the content of Job Classifications;

Exercise complete; control and discretion over the Department, its organization, and the
technology of performing its work

Determine the standards of selection for employment and the standards of service to be
offered by the department

Exercise managerial policy as set forth in RSA 273-A:l, XI.

None of the rights, responsibilities, and prerogatives that are delegated to the Commission, by
virtue of statute and Charter provisions, shall be subject to the grievance procedure hereunder.

The foregoing management Rights are set out for purposes of illustration and not limitation; the
Commission retains all such rights, powers, and authority not otherwise specifically relinquished,
restricted, or modified by the terms of this Agreement, whether exercised or not.

ARTICLE 8
OPEN SHOP

Membership in the Union is not compulsory. Employees may join or not, maintain, or resign
membership in the Union at their sole discretion. Nothing in this Agreement shall be construed to
require that any employee of the Department join the Union as a condition of being hired or
retained in employment.

Employees who are not members of the Union shall not be required to pay dues to the Union.
Neither the Union nor the Commission shall discriminate in favor of, or against, any employee by
reason of membership or non-membership in the Union. The wages and benefits provided under
this Agreement shall apply to all employees.

ARTICLE 9
STRIKES AND WORK STOPPAGES

The Union shall not instigate, sponsor, or encourage any activity or action in contravention of the
provisions or intent of this Article.

No employee shall, alone or in concert, engage in, initiate, sponsor, support or direct a strike,
work stoppage, or refuse in the course of employment to perform assigned duties; or withhold,
curtail or restrict services or otherwise interfere with the operations of the Department or
encourage others to do so; or engage or participate in any other form of job action.

ARTICLE 10
GRIEVANCE PROCEDURE

“Grievance” means an alleged violation, misinterpretation, or misapplication with respect to one
or more employees, of any provision of this Agreement.

Grievances at all levels will be in writing. A grievance must start at STEP 1, unless otherwise
noted, and proceed through the procedure at each STEP thereafter until a settlement is reached,
or the grievance will be considered as settled on the last answer given. Ifa grievance is settled in
any one of the STEPS, it will be considered closed, and the grievance will not be subject to the
Grievance Procedure thereafter. If the grievance is not answered within the time timits listed, the
grievant may proceed to the next STEP, unless otherwise noted below.

SECTION A

STEP 1. An employee or the Union having the grievance will present the grievance in writing to
his/her Bureau Commander within seven (7) calendar days of its occurrence. The Bureau
Commander will reply in writing to the grievant within seven (7) calendar days after the grievance
is presented. If the grievance is directed at the grievant Bureau Commander, then the grievance
may be started at STEP 2, as applicable.

STEP 2. Failing a settlement at STEP 1, the grievant may present the grievance in writing to the
appropriate Deputy Chief in writing within seven (7) calendar days after the reply in STEP 1. The
appropriate Deputy Chief will reply in writing to the grievant within seven (7) calendar days after
the grievance is presented. If the appropriate Deputy Chief is unavailable, the grievance will go