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to the next step, STEP 3. If the grievance is directed at a Deputy Chief, then the grievance may
be started at STEP 3.

STEP 3. Failing a settlement at STEP 2, the grievant may present the grievance to the Chief in
writing within ten (10) calendar days after the reply in STEP 2. The grievant will specify the
following:

A. The nature and facts pertaining to the grievance;

B. The nature and extent of injury, loss, or inconvenience;
C. The alleged violation of the Agreement;

D. The basis for dissatisfaction with STEPS 1 and 2;

E. The remedy that is desired;

F. The signature of the grievant.

The Chief will reply to the grievant within ten (10) calendar days after the grievance is presented.
if the Chief is unavailable for response, this time period shall be automatically extended until their
return or until he has otherwise communicated his response through his designee.

if a member chooses to grieve a disciplinary action given by the Chief of Police, in accordance
with the Grievance procedure, the discipline, either all or part of it, can be held in abeyance at the
sole discretion of the Chief of Police. The decision to hold the discipline in abeyance shall not be
grievable and can be rescinded at any time by the Chief of Police.

STEP 4. Failing a settlement at STEP 3, the grievant may present the grievance to the Police
Commission in writing within ten (10) calendar days after the reply in STEP 3. The grievant will
provide the same information as in STEP 3. The Police Commission will reply in writing to the
grievant within fifteen (15) working days after the grievance is presented before the Police
Commission.

STEP 5. Failing a settlement at STEP 4, the grievant may present the grievance in writing to the
Union within thirty (30) working days after the reply in STEP 4. If the union feels that the
grievance has merit and that submitting it to arbitration is in the best interest of the Department,
the Union may submit the grievance to the American Arbitration Association, Public Employee
Labor Relations Board, or the Hillsborough County Superior Court within sixty (60) working days
after receiving the grievance from the grievant. Expenses incurred under STEP 5 will be shared
equally by the Commission and the Union.

SECTION B

The Union may file grievances on its own behalf, on behalf of its members, and if requested, on
behalf of non- members; any grievant may be represented at all stages of the Grievance
Procedure by himself/herself and by a representative selected and approved by the union, if the
grievant desires.

SECTION C
Each grievance will be separately processed under the Grievance Procedure.

SECTION D

The Commission, or its designate, will have the right to file grievances against the Union and/or a
member thereof. The grievance will be presented in writing to the Union and the member, if
applicable, within ten (10) calendar days of its occurrence, or when knowledge was obtained that
a grievance existed. The Union will reply within thirty (30) working days after the grievance is
presented. Failing a settlement between the Commission or its designates and the Union, the
gtievance may be presented to the American Arbitration Association, the Public Employee Labor
Relations Board or Hillsborough County Superior Court within sixty (60) working days after the

reply.
SECTION E

No party acting under STEP 5 any power to award any monetary damages (other than back
wages), make any changes in, modification or alteration of, addition to, or subtraction from, any of
the terms of this Agreement.

SECTION F

The parties recognize that after STEP 3 of the grievance procedure, additional time may be
required by both parties to process the grievance. Notwithstanding the provisions of STEP 3, the
parties may agree in writing to extend any of the time limits set forth in STEPS 4 and 5 of the
grievance procedure.

A. in all other circumstances, management's failure to respond within the established time
limits shall automatically advance the grievance to the next step.

B. The Union's failure to respond within established time limits, the grievance shall be
considered settled on the basis of management's last answer.

Cc. Union representatives normally shall conduct investigations and all other phases of
grievance handling during off-duty hours. If the nature of the grievance is such that
expedited handling will result in prompt disposition thereof without Interference with
Department operations, management, at its discretion, may allow investigation and
processing thereof during working time.

SECTION G

The time spent in adjusting grievances between an employer and employees during the time
employees are on duty is considered hours worked. For time spent in adjusting grievances when
the employee is off duty will not be considered time worked and the employee will not be
compensated. If there is ample manpower available and no overtime in incurred, the Department
will make every effort to adjust the hours of the officer if working during another shift the day of
the grievance hearing at the discretion of the Chief of Police or designee.

ARTICLE 11
RESIDENCE

Employees of the Department shall reside in the continental United States.

ARTICLE 12
VACATIONS

Part-Time Emplovees:

Part-Time Employees, who work 34 hours a week, are entitled to the following vacation time: 3
weeks of vacation of 34-hour weeks which is equal to 12 days of 8.5 hours per day or 102 hours.

Full-Time Employees: Full-Time employees are entitled to the following vacation time:

10 Workdays (.83333 Accrual Rate) After One (1) Year continuous service

15 Workdays (1.25 Accrual Rate) After Four (4) Years continuous service

20 Workdays (1.6666 Accrual Rate) After Nine (9) Years continuous service
25 Workdays (2.083 Accrual Rate) After Sixteen (16) Years continuous service
30 Workdays (2.50 Accrual Rate) After (20) Years of continuous service

Vacations will be chosen according to seniority. The number of employees allowed on vacation
at one time shall be determined by the Chief or his designee and shall not be affected by the
availability of supervisors. The approval of block weeks and singular days will not be contingent
upon the availability of any civilians. There shall be only 4 patrolmen allowed to be on vacation,
in any combination of block weeks and singular vacation days, per shift, per day.

Block Weeks: All vacation block weeks will be chosen by seniority each January 1 of every
year. Once a member is advised by a supervisor that it is his turn to pick, the member will have 3
days from the date advised to submit the vacation week request. Members not choosing vacation
block weeks during the 3-day limit will result in their choices being bypassed by the next senior
member selecting. Once a block week has been selected and approved, the approval is final.

A. Vacation block weeks will run from Saturday to Friday.

B. A vacation block week will consist of 5 vacation days within the block.

C. Vacation block weeks will take precedence over singular vacation days, personal days,
swaps, etc.

D. A maximum of 2 weeks (10 vacation days) may be taken at one time.

E. Any extension to the vacation week(s) by utilizing swaps, etc., may be allowed at the
discretion of the member's Bureau Commander.

F, Any extension to the vacation week(s) by utilizing a personal day may be allowed at the
discretion of the Chief of Police or designee.

G. Approval of a continuous third vacation block week, for an individual member, will be at
the discretion of the Chief of Police.

H. A fourth vacation week block of time (allowing more than 3 patrolmen at one time), will be
allowed.

Sinqular Vacation Days: Full-Time members may utilize the following as single vacation days:

10 Workdays (.83333 Accrual Rate) = 10 days may be used as singular vacation days.
15 Workdays (1.25 Accrual Rate) = 10 days may be used as singular vacation days.
20 Workdays (1.6666 Accrual Rate) = 15 days may be used as singular vacation days.
25 Workdays (2.083 Accrual Rate) = 15 days may be used as singular vacation days.
30 Workdays (2.50 Accrual Rate) = 20 days may be used as singular vacation days.

A singular vacation day may be taken by not more than two members per shift, per day (on their
scheduled shift), provided that on the requested day no more than two members on the same
shift are on a vacation day of their block vacation week. If officers are on a normal day off during

their block week vacation, up to two singular days may be approved per shift, per day, for a total
of four (4) patrolmen allowed to be on vacation.

A. __- Awritten request for the desired vacation day is to be given to the Chief or designee not
less than two (2) days nor more than fifteen (15) days prior to the date of such vacation
day. However, approved singular vacation days can be superseded at any time by a
block week vacation, since block weeks take precedence over singular vacation days and
to ensure there will be only 4 patrolmen at one time, in any combination of block weeks
and singular vacation days, on vacation leave per shift, per day.

B. The 2-day notice period may be waived at the discretion of the Chief or designee.

C. If more than one employee requests a singular vacation day for the same day and shift,
the members with more Department seniority shail be entitled to the day off, unless the
day off has already been approved for the less senior officer.

D. Singular vacation days take precedence over personal days. Because up to 4 patrolmen
may be on vacation leave per shift, per day, singular vacation days will supersede
personal days even when previously approved.

Carry Over Vacation Time — Full-Time Employees:
Vacation shall be taken prior to the end of the calendar year in which it is received, however, up

to five (5) vacation days can be carried over into the next calendar year, but all days carried over
must be taken by May 1 of that year except that a vacation block week carry over may extend
beyond May 1 if begun before that date. This carry over provision shall not affect or change the
provisions regarding maximal accrual amounts or loss of accrual amounts contained in this
article. Vacation time accrued but not used shall, upon retirement, be paid in a lump sum to the
employee. Unused vacation time will be paid in a lump sum to the employee's estate if he dies
while employed by the Department.

Vacation Time Earned During Year of Retirement:
In the year of retirement, members will be entitled to use the amount of time available in their
current vacation balance with no cap.

Accrual Limits/Restrictions - Full-Time Emplovees:

Vacation time accrued but not used, up to a maximum of 20 days, shall be paid in a lump sum
when the employee is no longer a member of the department. Unused vacation time, up to a
maximum of 20 days, shall be paid in a lump sum to the employee's estate if death occurs while
employed by the department.

Dutv Callback Overtime — Full-Time Emplovees:
Members shall be paid time and a half of their regular rate of pay for a callback during a vacation
block week and granted an additional day which may be banked for future use.

Outv Callback Overtime — Part-Time Employees: The policy for part-time employees under
Article 33, “Time Coming” shall apply. Employees will be granted an additional day which may be
banked for future use.

Carry Over of Vacation Time for Part-Time Employee & Accrual Limits/ Restrictions:
Vacation may be carried over into the next calendar year without specific approval by the Chief,
but limited to a maximum of 12 days of 8.5 hours per day or 102 hours (3 weeks of a 34
hours/week schedule). Vacation time accrued but not used, up to a maximum listed above, shal
be paid in a lump sum when the employee is no longer a member of the Department. Unused
vacation time, up to a maximum as specified above, shall be paid in a lump sum to the
employee's estate if death occurs while employed by the Department.

ARTICLE 13

LONGEVITY
Full-Time Emplovees:
A. Full-Time employees who have been employed by the Department on an uninterrupted

basis, except by reason of layoff or approved leave of absence, shall receive a longevity
payment in one lump sum the week following the employee's anniversary date as follows:

Seven (7} through Nine (9) Years Of Service oo... ec ceccccceeecececacerneceaneseeeenerenas $300.00
Ten (10) Years Of SQrvice wc. cece ceccccsccessecesecncecesecescecneesacecsseecotesuececeacecsacseaeesesecsts $500.00
Eleven (11) Years and Above of Service .........0...... Additional $75.00 each year thereafter
B. Full-Time employees eligible to receive longevity pay who are not employed by the

Department on their anniversary date of any year, shall forfeit the right to all or any
portion of longevity pay to which they would be entitled.

Part-Time Employees: Part-Time employees are not eligible for the Longevity Benefit.

ARTICLE 14
HOLIDAYS
Full-Time Emplovees: The following days will be paid holidays for full-time employees:
New Year's Day Independence Day
President's Day Labor Day
St. Patrick’s Day Columbus Day
Fast Day (Fourth Monday in April) Thanksgiving Day
Memorial Day Christmas Day
Flag Day Veterans Day

Part-Time Emplovees: The following days will be paid holidays for the 34-hour part-time
employee: (6 holidays)

New Year's Day Independence Day
President’s Day Thanksgiving Day
Memorial Day Christmas Day

Holiday Pav: Employees who work shall receive one day's pay at the employee's regular rate for
the above holidays in addition to their regular pay. In order to qualify for holiday pay, employees
who are off-duty on the day of the holiday, must have worked their last scheduled duty day prior
to the holiday and the first scheduled duty day after the holiday, or been absent on authorized
leave on either or both of these days.

ARTICLE 15
UNIFORM ALLOWANCE

Full-Time Employees: The allowance for uniforms per full-time employee shall be $775 per
fiscal year covering this collective bargaining agreement.

Part-Time Emplovees: Part-Time Employees (who work 34 hours a week), are eligible for a
uniform allowance of $350 per fiscal year. The clothing allowance shall be used only to purchase
the uniform as outlined under the Rules & Regulations Manual for the technical or specialty
position or as approved by the Chief of Police.

Any balance, up to $250.00, of the uniform allowance which has not been expended by the end of
the fiscal year, shall be paid to the employee.

ARTICLE 15A
WELLNESS REIMBURSEMENT ALLOWANCE

Part-Time Emplovees: Part-Time employees are not eligible for this benefit.

Full-Time Emplovees: The Wellness Reimbursement Allowance per full-time employee per
fiscal year shall be as follows: (language added for sidebar approved in 2017)

A. Upon submitting proof of payment for membership costs to the appropriate personnel
within the Administrative Bureau, the Department will reimburse employees up to $200 to
maintain membership in a bona fide health, fitness club, or gym or for personal workout
equipment, authorized by the administration. The cost of exercise or workout equipment
which is generally used for recreational or leisure purposes shall not be subject to
reimbursement.

B. Reimbursements shall occur annually and any unused portion of the reimbursement will
not carry over to a subsequent fiscal year.

Cc. The Department reserves the right to verify an employee's active membership at any time
during the fiscal year.

ARTICLE 15B
WELLNESS INCENTIVE

In accordance with S.O.P. 87, Physical Fitness Program, all "members of the Nashua Police
Department hired AFTER July, 7, 1990 are required to annually participate in the Department
s physical fitness testing".

Upon being scheduled for an annual physical fitness test (PT Test), members may opt to take the
Wellness Incentive PT Test as a replacement of the annual PT Test, by notifying Professional
Standards. The Wellness Incentive PT Test will consist of the following Cooper Standards
Physical Tests:

-Bench Press
-Sit-ups
-Push-ups
-1.5 mile run

Any member scoring at or above the 80" Percentile will receive one (I) Wellness Day off.

Any member scoring at or above the 90" Percentile will receive two (2) Wellness Days off.

A member must receive at or above the 80'" or 90" percentile for each test. The scores will NOT
be averaged.

A member will complete and submit a Nashua Police Department Request For Leave form
through their normal chain of command, to request to use an attained Wellness Day Off as
they would for any other approved day off.

Stipulations:

© An employee cannot use a "Wellness Day” for the following holidays: New Year's
Eve, New Year's Day, July 4'", Thanksgiving Day, the Friday immediately following
Thanksgiving Day, Christmas Eve, or Christmas Day.

* Two employees per shift, per day, may be approved for a "Wellness Day” in excess
of the current 4 employees allowed on preapproved time off (Article 12, Vacations).
However, a "Wellness Day" may be denied at the discretion of the Divisional
Supervisor or Bureau Commander if these days cause backfill overtime.

* Once attained, the employee will have one year from the date they receive the
"Wellness Day(s)" to use them. "Wellness Days” will not be carried past this one
year mark.

® The percentile standards or physical test requirements may be altered at the
beginning of the calendar year (January) prior to that years PT Tests, at the
discretion of the Chief of Police.

® Any changes to this Article made by the Chief of Police will not be subject to Union
Approval or Collective Bargaining negotiation. Any changes to the Wellness
Incentive requirements and standards will be communicated to all sworn personnel
prior to their annual PT Test.

ARTICLE 16
MEDICAL/HOSPITAL, LIFE, & DENTAL INSURANCES

(Effective July 1, 2022 — June 30, 2023): Except as otherwise provided in this Article 16, upon
request of an eligible full time member of the bargaining unit, the City shall offer individual, two-
person, or family coverage under one of the following plans offered by the City, if available and, in
addition to those plans may offer a comparable plan that may include carving out prescription
benefits from a health insurance company to be managed by a Pharmacy Benefits Manager. For
eligible full time members, the City shall contribute 70% of the premium for option (a) and 80% of
the premium for option (b).

(a) Point-of-Service Plan; or
(b) HMO Plan

The option of the health care plan is at the sole discretion of the City. It is agreed by all parties
that the City reserves and shall have the right to change insurance carriers provided the benefits
to participants are comparable and the City elects the least expensive plan available to provide
such benefits.

Should the City determine that it is in the best interests of the City to offer a “comparable” plan to
either option “A” or “B’, it shall provide at least one hundred twenty (120) days prior written notice
to the Union and documentation of the costs to members and the benefits that will provided under
the comparable plan. Should the Union determine that the proposed plan is not comparable, the
grievance shall not be subject to the grievance procedure and shall be submitted directly for
arbitration no later than thirty (30) days after the Union is notified of the proposed change to the
comparable plan. The grievance shall be heard in an expedited manner. The decision of the
arbitrator shall be binding on both parties.

Comparable Plan Definition: for the purposes of this Article, a comparable plan means one that
offers the same type of benefits, but benefits do not have to be exactly the same. In addition, the
plan must provide reasonable access to health services and physicians, including specialists and
hospitals.

PLAN FEATURES:
All plans offered by the City shall have the following features:

(a) Twenty Dollars ($20.00) per medical visit;

(b) One Hundred Dollars ($100.00) per emergency room hospital visit;

(c) Two Hundred Fifty Dollars ($250.00) Per Person, Five Hundred Dollars ($500.00)
Per 2-Person/Family Inpatient/ Outpatient Facility Deductible; and

(d) Three Tier Pharmacy Benefit of $5/$15/$35 ($5/$30/$70 Mail Order).

ANNUAL AUDIT: The City of Nashua hereby agrees to conduct a yearly loss ratio analysis of all
Health Insurance plans offered to employees and return all employee overpayments in the form
of a Health Insurance Premium Holiday at the completion of the analysis.

Joint Labor/Management Committee: For the duration of this Agreement, the Association will
participate in the City of Nashua Health Plan Advisory Committee.

Specified Enrollment Period/Chanaina Plans: Any eligible member of the bargaining unit
requesting initial membership in a plan may enter during a specified enrollment period. Any
eligible member desiring to select a different plan may make such a change only during the
annual enrollment period. Eligible members moving into or out of a HMO or Point-of-Service Plan
service area may change plans within a specified period after such move to the extent permitted
by the plans.

Part-Time Emplovees: For part-time eligible members, the City’s contributions shall be prorated
based upon the number of hours worked per week. (Formula: City Share divided by 40 hours x
weekly hours worked.)

Any patrolman requesting initial membership in one of the programs may enter only during a
specified enrollment period. Any patrolman desiring to select a different plan, after having
enrolled in one of the plans, may make that selection only once during one (1) calendar year.

Effective Julv 1, 2023 (FY2024):
A_Minimum Hours Restrict: Health insurance is offered to all full-time employees or
regular part-time employees, who work a minimum of twenty (20) hours per week.

B. Part-Time Emplovees: The cost for health insurance for part-time employees is pro-
rated.

C. Except as otherwise provided in this Article 16, upon the request of an eligible member of
the bargaining unit, the City shall provide the premium for an individual, two-person, or
family plan of one but not more of, the following plans, if available, or a comparable plan if
the following plan(s) are not available:

a. Point-of-Service Plan;

b. HMO Plan;

c. High Deductible Health Plan with Health Savings Account (HDHP wi
H.S.A.)

d. The City may make additional plans available to members with benefit
levels and premium cost sharing determined by the City in its sole
discretion.

_ The City shall contribute 70% of the premium of option “a” and 80% of the premium of option “b”
and “c". The following plans offered by the City shall have the following co-pays and deductibles:

Option “a”: Point of Service:
1) Twenty Dollars ($20.00) per medical visit;
2) One Hundred Dollars ($100.00) per emergency room visit;
3) Two Hundred Fifty Dollars ($250.00) per person, Five Hundred Dollars
($500.00) per two-person/Family Inpatient/Outpatient Facility Deductible;
4) Three (3) Tier Pharmacy Benefit of $5/15/35 ($5/30/70 mail order).

Option “b”: HMO Plan:
1 Twenty-five Dollars ($25.00) per medical visit;
2 One Hundred Dollars ($100.00) per emergency room visit ;( co-payment
waived if admitted)
3. Fifteen Hundred Dollars ($1500.00) per person, Three Thousand Dollars
($3000.00) per two-person/Family Inpatient/Outpatient Facility Deductible;
4 Three (3) Tier Pharmacy Benefit of $10/$30/$50 ($20/$60/$100 mail order).

Option “c” High Deductible Health Plan with Health Savings Account (HDHP w/ H.S.A,):
The deductibles for this plan will be $2000 for an individual plan and $4000 for a 2-person or
family plan. The City will contribute $1500 of the $2000 for the single plan (the remaining $500
will be the responsibility of the employee) and $3000 of the 2-person or family plan (the remaining
$1000 will be the responsibility of the employee).

The City H.S.A contribution will be distributed in 2 installments, one on or about July 1 and one on
or about October 1 of each year. If an employee is required to pay more towards his/her
deductible than the initial 50% contribution, upon presentation of suitable documentation, the City
will contribute the remaining 50% prior to October 1. Employees who retire between July 1 and
October 1 will receive their July 1 City contribution. If the retired employee keeps the City
insurance plan they will also receive the October 1 contribution. If the employee does not keep
the City plan they will not be eligible for the October 1 contribution. If an employee retirees after
October 1 they will keep the City contribution.

Coverage for new employees is available on the 1% of the next month following date of hire if
hired on or before the 15!" of the month; and on the 1* of the month following a full month of
employment if hired after the 15!" of the month. Employees who do not enroll on their initial
eligibility date may subsequently only do so during the annual open enrollment period or following
a “qualifying event".

The option of the health care plan is at the sole discretion of the City. It is agreed by alf parties
concerned that the City reserves and shall have the right to change insurance carriers provided
the benefits to participants are comparable and the City elects the least expensive plan available
to provide such benefits.

Should the City determine that it is in the best interests of the City to offer a “comparable” plan to
either option “a” or “b”, it shall provide at least one hundred twenty (120) days prior written notice
to the Union and documentation of the cost to members and the benefits that will be provided
under the comparable plan. Should the Union determine that the proposed plan is not
comparable, the grievance shall not be subject to the grievance procedure (Article 12), and shall
be submitted directly for arbitration no later than thirty (30) days after the Union is notified of the
proposed change to the comparable plan. The grievance shall be heard in an expedited manner.
The decision of the arbitrator shall be binding on both parties.

For the purposes of this article, a "comparable" plan means: a comparable plan means one that offers
the same type of benefits, but benefits do not have to be exactly the same. In addition, the plan must
provide reasonable access to health services and physicians, including specialists and hospitals.

SPOUSE RULE: Employees who are married to another member of the city who also subscribes
to a plan will be subject to this rule. The rule requires that an eligible member whose Spouse is
covered by another City Health Plan elect the policy under which the eligible member and spouse
shall receive health care benefits. An eligible member and spouse shall not be entitled to receive
benefits under separate health care plans.

ENROLLMENT: Current employees who want to change their carrier or to subscribe to another
program can only do so during an annual “open enrollment” period or as otherwise provided.

ANNUAL AUDIT: The City of Nashua hereby agrees to conduct a yearly loss ratio analysis of all
Health Insurance plans offered to employees and return all employee overpayments in the form
of a Health Insurance Premium Holiday at the completion of the analysis.

LIFE INSURANCE

The Commission shall ensure through the City of Nashua that 100% of the premium is paid for a
life insurance policy upon the life of each full-time and part-time employee to a maximum benefit
equal to that employee's annual base salary. The right to select and change the beneficiary shall
be retained by the employee.

DENTAL INSURANCE

Full-Time Emplovees: The Commission shall ensure through the City of Nashua that each full-
time employee covered under this agreement is provided a 2-person Dental Plan, Coverage A,
B, and C, at no cost to the employee, except for single employees who shail receive a 100% paid
1-person Dental Plan.

Part-Time Employees: For part-time employees, the City’s contribution shall be prorated based
upon the number of hours worked per week. (Formula: City Share divided by 40 hours x weekly
hours worked.)

Family Plan: Employees may request a family plan; however, the employee will be responsible
for paying any differences in the 2-person plan premium versus the family plan premium through
payroll deductions.

Hiah Option Plan:
, Those employees covered by dental insurance under this article, may elect to participate in a

High Option Plan available through Delta Dental. The employee shall be responsible for paying
the full additional premium cost for the High Option Plan.