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Table of Contents

ARTICLE 1: PREAMBLE/AGREEMENT ....cscsssssssssssssssssessssssessssssssnsercessssssssuseenssssvssecsensesssnssetecesesessnssess 555
ARTICLE 2: RECOGNITION ..ccsssssssssssscscscssssssssensssesssssessssecssctsssessensasssesescesssnetersasusessestovesssssnesectesssssesees 555
ARTICLE 3: DEFINITIONS. wccsssscsssssssesscscsssssssssssssscsssossssscsesessensenssvsesssssssosesecsessessssnsuecescesssusssereseersenseeses 555
ARTICLE 4: STABILITY OF AGREEMENT. .sssscssssssssssssscsscsccssscssssssesessessoussssereenessenssscesseesssusertersesseenaeses 666
ARTICLE 5: UNION MEMBERSHIP “ = 666
ARTICLE 6: UNION DUES ..scesssscscsssseesscssssscsssssesssscsscusssscssssscesssnsveceeseesenssssneessesssstvaseeseserssnuseeteseseneeanseess 722
ARTICLE 7: EMPLOYEE RIGHTS ..ccssscscsssssssssssscccsssonssssssscsesseessssvssssssessesssnusseeeesecessnneeseesesteat 997
ARTICLE 8: MANAGEMENT RIGHTS .......ssssssses000 .998
ARTICLE 9: UNFAIR LABOR PRACTICES & STRIKES PROHIBITED .....sssssssssscsssssssessssnetesseressers 10199
ARTICLE 10: COLLECTIVE BARGAINING MEETINGS AND CONTRACTS usssscsssscsssssssescsseesesssse 124210
DISTRIBUTION OF AGREEMENT TO EMPLOYEES::.....sssssssssssssssssessseccssssssunsetesesseonsseeseneeseunesess 124244
MEDICAL & HEALTH INSURANCE .......cssssessssescsseessossssessesssessssssssessesesesssueteeeeeesenes 262625
SHORT TERM DISABILITY .....ccssssssssscscsscesesssesseess sessssseees 292927
EMERGENCY LEAVE .u...-.sosessssscssossssssssscsnsonssssssceseccessesnssusessesssssssvassecesssssanesrescesncceeeeeeceensmueseste 434337
PERSONAL TIME.n.csssssscscccsssssesscsssssssssssscssstessssnesesecsensensssssvserseseesensnssesssesersnssusseeseessesseserceeessseuasess 444438
AVAILABILITYS -cccoscsessccccssssssssssssssssssessssesscsssveseesersevssnvssserscssssssssseessesesssusssesesseseanssereeseseeanstetenesens 727260
RESTRICTIONS? ccccsssesccscsssscssssscscsscsssussssossessssssssscsssscsssessseessecsssssssssceccensssnsnsserseressaseecersessseuiestess 727264

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ARTICLE 1: PREAMBLE/AGREEMENT

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 the "Commission"), and the VAW
Professional Employees-ofihe- NashuaPolice Deparment Localt2e22 UFPO Local 645 Professional
Employees of the Nashua Police Department, —the full and part-time professional, technical, and
supervisory civilians of the Nashua Police Department, as listed under the current PELRB Certification of
Representative, (hereinafter the "Union"), but excluding MeritCity of Nashua Unaffiliated Employees. Both
parties agree to be bound by the provisions of this Agreement.

ARTICLE 2: RECOGNITION

As defined in Article 1 above, the Commission recognizes, in accordance with RSA 273-A only, the Union
as the sole and exclusive representative for the included civilian employees of the Nashua Police
Department, excluding employees serving their initial probationary period as defined in Article 3 of this
contract, for the purposes of collective bargaining with respect to terms and conditions of employment as
defined under RSA 273-A:1, XI.

ARTICLE 3: DEFINITIONS

A. COMMISSION: The Nashua Board of Police Commissioners.
B. CHIEF: Chief of Police of ihe Nashua, New Hampshire, Police Department.

C. BOARD OF ALDERMEN: The legislative body of the City of Nashua that approves cost items (any
benefit acquired through collective bargaining).

D. DEPARTMENT: The Nashua, New Hampshire, Police Department.
E. CITY OF NASHUA: The City of Nashua, New Hampshire.

F. EMPLOYEE: As identified on State of NH, Public Employees Labor Relations Board's Certification
of Representative form in accordance with RSA 273-A, excluding -Mert-Employees Unaffiliated
Employees .

G. GRIEVANCE: A written complaint signed by one or more employees and the Union, or the
Commission or Department 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 Nashua Board of Police Commissioners, the Chief of Police, a Deputy Chief,
Bureau Commanders, or their designee.

J. PARTIES: The Commission; the Union.

K. RESPONDING AUTHORITY: The person or party to whom the grievance is presented.
UNION: UAW Professional Employees-ofihe Nashua Police Departmenttocal2232-UFPO Local

645 Professional Employees of Nashua Police Department

M. PROBATIONARY EMPLOYEE: An employee who has been hired, recently promoted, or
transferred and serving a six (6) month probationary period. The probationary period may be

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extended another six months (one-year total probationary period) due to the performance of the
employee.

N. ESSENTIAL EMPLOYEE/PERSONNEL: An employee that is considered essential at all times to
maintain the critical 24-hour operations of the Nashua Police Department as determined by the
Chief of Police or designee.

O. NON-ESSENTIAL EMPLOYEE/PERSONNEL: An employee that is not normally essential to
maintain the 24-hour operations of the Nashua Police Department as determined by the Chief of
Police or designee; however, this condition may change due to emergencies that could occur.

P. PART-TIME EMPLOYEE: An employee whose normal work schedule is less than 35 hours per
week.

Q. FULL-TIME EMPLOYEE: An employee whose normal work schedule is 35 hours or more per
week.

R. FINANCIAL SERVICES DIVISION: A Division within the Nashua Police Department responsible
for the compensation of Department employees.

S. MERE-CITY OF NASHUA UNAFFILIATED EMPLOYEE: A Nashua Police Department civilian
employee who is not covered under this Agreement or any other collective bargaining agreements.

T. DOMESTIC PARTNER: An individual: 1) Who had a long-term intimate relationship with an
employee; 2) who was living in the same household as the employee at the time of death; and 3),
with whom the employee had an intent to remain in a long-term relationship. (This definition only
pertains to Article 18 — “Bereavement Leave.”)

U. EXECUTION DATE: Is defined as the date when cost items contained within the tentative
Collective Bargaining Agreement are approved by the Board of Aldermen, and the Collective
Bargaining Agreement is signed by the parties.

V. GENDER: All references herein the Agreement referring to the masculine gender shall be
considered to include the feminine.

W. WORK DAY: In the case of paid leave, “work day” means the number of hours an employee works
on a reqularly scheduled work day.

ARTICLE 4: STABILITY OF AGREEMENT

No amendment to, modification of, or change in, the terms or provision 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: UNION MEMBERSHIP

A. According to RSA 275:1, “Union Membership,” no person shall coerce or compel, or attempt to
coerce or compel, any person into an Agreement, either written or verbal, not to join or become a
member of any labor organization, as a condition or securing or continuing in any employment.
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

6

require that any employee of the Department join the Union as a condition of being hired or retained
in employment.

B. 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.

C. The wages and benefits provided under this Agreement shall apply to all employees.

administration_and-grievance-_adjustment—The City agrees te-collact-agency-tees in the same-method and
Ppannerasthe collection of Union dues.

ARTICLE 6: UNION DUES

A. Written authorization: An employee, who is covered by this Agreement, may execute a written
authorization providing that a portion of their basic monthly wages be withheld weekly and
forwarded to the Union. Upon receipt of a properly executed Authorization and Assignment Form
from an employee, the Commission or appropriate designee shall notify the City of Nashua’s Chief
Financial Officer or appropriate designee to deduct from wages due, the amount authorized. A
copy of said form is attached as Appendix A.

B. Check for Dues Deducted: Each month, a check for the amount of all dues deducted, along with
a current list of bargaining unit members from whose wages dues deductions have been made,
shall be transmitted to the Treasurer of the Union. The Union will be responsible for providing a
current name and address to the City to whom the dues deductions should be transmitted.

C. Revocation of Authorization: An employee who executes such authorization form shall continue
to have such deductions made from his/her wages during the term of the Agreement or until he/she
notifies the Commission or designee in writing, with a copy to the Union, that the Authorization and
Assessment Form is being revoked, and the employee thus withdraws the authority for the
deduction of dues.

D. Dues Deductions: Dues deductions shall be subordinate to deductions required by law. No
deductions shall be made if an employee has insufficient wages in any pay period. Neither the
Commission, nor the City of Nashua, shall be responsible for deducting any arrearage in dues
owed to the Union by a member.

E. Termination of Deductions: Deductions shall automatically terminate upon the occurrence of any
of the following events:

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

4, Revocation by the employee of Dues Deduction Authorization,

F. Indemnification: The Union shall indemnify and save harmless the Commission, the Nashua
Police Department, and the City of Nashua from any and all suits and damages arising out of, or in
connection with, such dues deductions. 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
Commission, the Nashua Police Department, and the City of Nashua harmless in any such dispute.

designated in-said. "Authorization for_Aecignment-and-Check-off of Contributions to UAW.V.
CAP" formtogetherwith the-provisien oHhis Anicte of the Agreement

3.—_A-preperly-exesuted sepy of the “Authorization for-Assigament and Check-off of Contributions
te LAW-V-CAP” form for each employes fer-whom-voluntary contibutions to LAW V CAP-are
te-be-deducted hereunder_shall be-delivered-to-the Deparnment-and forwarded tethe Citys
Payroil-Departmentbefere any such deducters-are_made_exceptas_toempleyees hese
authorizations have _heretefere-been-deliveread—Deductions shall be-_-made—thereatteronly
underthe- applicable “Autherzation-for-Assigamentand Check-off of Contributions te AML.
GAPform-which have been propery executed and are in-offect.

5_The City furtheragrees- to furnish UAW CAP with the name_address, social security number,
and-the-date-oflast authorization of these employees for whom deductions have been made.
The-City further agrees-_to furnish UAW V-CAP with a monthly and yearto-date-repert-of each
such employee's-deductions_This information shall be furnished-when-atremittance is-made
ena CD_fleppy-disk,-or-magnetis-tape-in- ACSH-orseme-cther-commen-format-cenveniently
availablete-the-City's-payrelvacceunting systems.

He Fhe City will provide to the Union the following information onatleasta-menthly-basis:

F pmen of employees siigible ior Ulon-marnberehier

traddtion the-Gity-shall provide te the Union-the-names_ and identification-numbers of employees
paying unien dues/agencsyfees-_and the ameunt of the- wages subiect te-dues/agency fees.

ARTICLE 7; EMPLOYEE RIGHTS

lt is agreed that the Commission and the Department will not:

1.

ono un

Restrain, coerce, or otherwise interfere with its employees in the exercise of the rights
Dominate or interfere in the formation or administration of the Union;

Discriminate in the hiring or 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 under
RSA 273-A; and

Refuse to negotiate in good faith with the exclusive representative of the bargaining unit,
including the failure to submit to the legislative body any cost item agreed upon in negotiations;

Invoke a lockout;
Fail to comply with Chapter 273-A or any rule adopted under the Chapter;
Breach a collective bargaining agreement;

Make any law or regulation, or to adopt any rule relative to the terms and conditions of
employment that would invalidate any portion of the Agreement.

it is the intention of the parties that this article provides that the Union shall enjoy all of the rights
secured to it by RSA 273-A only.

ARTICLE 8: 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 laws and the statutes of the Unites States and the State
of New Hampshire and the Nashua City Charter and ordinances, including, but not limited to, the
specific rights to:

1. Control the management and administration of the Nashua Police Department;

2. Hire, promote, transfer, assign, retain, lay off, and direct employees within the Nashua Police
Department;

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

4. Issue, modify, and enforce rules and regulations which do not expressly violate the terms of
this Agreement;

5. Determine the methods, means, and personnel by which Nashua Police Department
operations are to be conducted, as well as to determine those operations;

6. Determine the job classifications and compensation based on a system which classifies
positions based on the skill, effort, responsibility, and working conditions required;

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

8. Determine the standards of selection for employment and the standards of service to be offered
by the Nashua Police Department;

9, Exercise managerial policy as set forth in RSA 273-A:1, X!, and other pertinent laws.

None of the rights, responsibilities, and prerogatives that are delegated to the Commission by virtue
of statute and Charter provisions and ordinances 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 9: UNFAIR LABOR PRACTICES & STRIKES PROHIBITED

A, Unfair Labor Practices: It is agreed that the exclusive representative of the bargaining unit will

not:

Restrain, coerce, or otherwise interfere with employees in the exercise of their rights under
Chapter 273-A;

Restrain, coerce, or otherwise interfere with the Commission in its selection of agents to
represent it in collective bargaining negotiations or the settlement of grievances;

Cause or attempt to cause the Commission or the Department to discriminate against an
employee in violation of RSA 273-A:5, | (c), or to discriminate against any employee whose
membership in the bargaining unit has been denied or terminated for reasons other than failure
to pay membership dues;

Refuse to negotiate in good faith with the Commission;

Engage in a strike or other form of job action;

Breach a collective bargaining agreement;

Fail to comply with Chapter 273-A or any rule adopted under that Chapter.

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

B. Strikes Prohibited:

Strikes and other forms of job action by employees are hereby declared to be unlawiul. 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.

The Commission or the Department shall be entitled to petition the superior court for a
temporary restraining order, pending a final order of the PELRB under RSA 273-A:6 for a strike
or other form of job action in violation of the provisions of Chapter 273 and may be awarded
costs and reasonable legal fees at the discretion of the court.

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