(Signature)
Original: Personnel File
Copy: City of Nashua, HR Dept.
82
APPENDIX #9C:
UAW-Professional Employees-UFPO Local 645 Professional Employees of the Nashua Police
Department
SICK BANK TRANSFER FORM
Directions: Eligible members will complete the form and submit it to the VAVMPrefessional
Employees-UFPO of the Nashua Police Department Sick Bank Committee Chairman or other
member of the Committee in his/her absence. The Chairman or designee will be responsible
for taking the necessary actions to have the transfer take place and to monitor said transfer
into the Sick Bank.
Date:
To: City of Nashua, Payroll Department
! would like to participate in the Sick Leave Bank of the UFPO BAM Prefessionat
Erapteyees-of the Nashua Police Department.
| wish to donate the following number of sick days to the
Program:
83
(Printed Name)
(Signature)
Cc: DAM, NPD, Sick Bank Committee
SICK BANK COMMITTEE
(Printed Name)
(Signature)
84
COLLECTIVE BARGAINING AGREEMENT
BETWEEN
NASHUA BOARD OF POLICE COMMISSIONERS
AND
UFPO Local 645 Professional Employees of the Nashua Police Department
July 1, 2018 — June 30, 2023
Table of Contents
ARTICLE 1: PREAMBLE/AGREEMENT .......csscsssssnsserssessersnssnsezsesrantenacenseseaesensensenensonsense sms
ARTICLE 2: RECOGNITION.........csscssssssssssessesssessenssscsenconneersonaneneeees 4
ARTICLE 3: DEFINITIONG...........:cssscscsscscossssssressonsrensencensconessoncosesunsvsnssnessatssssneenneensenseesateatearaneensenaesseriecen 4
ARTICLE 4: STABILITY OF AGREEMENT...........ssssssscsesesssssensnsenussessereoresesceneseouevsseasenacensnnsnssanaeeaeeneees 5
ARTICLE 5: UNION MEMBERSHIP snepaseageatsnseunenaneusateass
ARTICLE 6: UNION DUES... cccsscssecnssessoresescnsreensnseestenseneeseraeeas 6
ARTICLE 7: EMPLOYEE RIGHTS...........ssssscsssssossoncnnonacesserostestsresserscrastssesseessesnctsennaaeaacenesannentontenteseoaeny 6
ARTICLE 8: MANAGEMENT RIGHTS ........ soeseeeurensenuanoseoessensensonstevenseotecsansansanssersuessusrssenesearees 7
ARTICLE 9: UNFAIR LABOR PRACTICES & STRIKES PROHIBITED ........ccscosscosnerserseseesesrsneansseenenens 8
ARTICLE 10: COLLECTIVE BARGAINING MEETINGS AND CONTRACTSG.......sscssssssescssesseessssenseoneane 8
ARTICLE 11: UNION REPRESENTATION/INVESTIGATION OF ISSUES......ssscsssssertseersesssesseeseteersateaeee 9
ARTICLE 12: GRIEVANCE PROCEDURE........cccrecssresensereereenees on 10
ARTICLE 13: VACATIONS .....ccssvescsessssssssessenssssersasonssonnenuesssocusersessessessanenseesanensesassesensensens 13
ARTICLE 14: HOLIDAYS. ......-csscsssssssssessnsscconsesennsonensnenssansneessmensesoennnens on wei l7
ARTICLE 15: UNIFORMS & DRESS CODE...........sssssssessoncosensenconesceneensessssasenssnessessarsauansenconnancorenvacsseses 18
ARTICLE 16: INSURANCES & LONG &SHORT-TERM DISABILITY........cscsecsersenens 19
MEDICAL & HEALTH INSURANCE ssussnoacoucoosooerennaneestnarsasessunceraacassacsuecesesosesuocsasensuestenesseeneensonats 19
LIFE INSURANCE ..........ccesssetsousssusrsesencovesrersnenessneseeseensesassenconsanenenesnessavestansensssensensanuaanuaaes 20
DENTAL INSURANCE ......ccssssesssstscervesssorssssssessracesssesssnsonnessoversssecseessezsenssesssunsusseesasoanenseenvacvones 20
LONG TERM DISABILITY (LTD).. oo 21
SHORT TERM DISABILITY .......secscesenes 21
ARTICLE 17: SICK LEAVE & SICK LEAVE BANK. ........sccssssescssessesnteorssressssrsnensessssousconsseeseennesersenseantnenes 21
ARTICLE 18: BEREAVEMENT LEAVE.........sccccsssssssssssrssessenscnsnasneceareeneesneanessnenseaeanancsuconesesesaesenansonseeaeees 23
ARTICLE 719: LEAVES OF ABSENCE ......sccsccsessesererscssssvonsccsesonsessensenstssnsnssessasaasensonsonsesnnenneensarenseenssvaoene 25
ARTICLE 20: PERSONAL DAYS. .......:s:sssscerentorensersssersenssanonenne sasvanesassacsacsaansaseetesecnoenasnenseatonennes 26
ARTICLE 21: EMERGENCY LEAVE & PERSONAL TIME.......scsccssessscrsssensensstsconseaconesnatsnerserseneesnnensees 27
PERSONAL TIME........ccscssscssersesssrscssenseeessesnatsessnenrene survartacusousousvosvassenransranssaneess 28
ARTICLE 22: WAGES .......c:sescscsssssssssecvsnessrsnensseueaseenensaceasasassansoneansnenneneenersessenanensassarsusoneonsoseusneranesaseveces 29
ARTICLE 23: LONGEVITY. .....cccscccscsssesenscessersnrsaessscnseonersesnssaresatseraesenseveoesansonsnansueuneenarnasysoessasseseeeusrnenrensey 33
ARTICLE 24: WORK SCHEDULES .1.....ccssscssssssesssnsconeonecessonsessenssenssansesausnsesaeansanensonmmeneneusestesuarsneenstenessses 34
ARTICLE 25A: EXCHANGE OF WORKDAYS......ccssesssssecsessorercerserasensensessssossonessavenssntsananseaaseaneoesnsensensess 35
ARTICLE 26: OVERTIME & FLEX TIME........ccsscsssssssssveossecsnsssensssnsssssenasonesseseressunsussusnsonsunausnsnanonsenaceneree 35
ARTICLE 27: COMPENSATORY TIME (TIME COMING).......cccsscsessssesseseessensesssessssnousnsevscennunsnanseaseanenseens 37
ARTICLE 28; LUNCH TIME & COFFEE BREAKG........scccessssesssseseereeceeteeeeenenenes
ARTICLE 29: WORKERS COMPENSATION
Nea neuconceucccousvecusuuacedvetveducus
ARTICLE 30: VACANCIES. ............csccsscsensrveevessesesrenneeneccaceuensnneneeaseaees
ARTICLE 31: WORK POLICIES & REGULATIONS .........cscsssseesenerteseeeetenesetee
ARTICLE 32: RETIREMENT SYSTEM
ARTICLE 33: SENIORITY .....scsccscsereerenreeerees
ARTICLE 34: LAYOFFS, RECALLS, & VOLUNTARY RESIGNATIONS
ARTICLE 35; BULLETIN BOARD ..............:000+
ARTICLE 36: PARTIAL INVALIDITY, SEPARABILITY, & COMPLIANCE WITH LAWS u....ceccsereetenrens
ARTICLE 37: EDUCATIONAL REIMBURSEMENT, MANDATED TRAINING,
& PROFESSIONAL AFFILIATIONS/LICENSING
rrr ey
AVAILABILITY:
RESTRICTIONS: ........-ssesrsvsssesersenssevevosservercesces
ARTICLE 38: WAIVER. ......ccsssrsesscrssnnesovnenvensonsvensersseconnyceneecessgessneceaeenenenoneanenene
ARTICLE 39: DEFERRED COMPENSATION PROGRAM...
ARTICLE 40: DURATION OF AGREEMENT
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ARTICLE 1; PREAMBLE/AGREEMENT
Pursuant to New Hampshire RSA 73-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 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 City 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
COMMISSION: The Nashua Board of Police Commissioners.
B. CHIEF: Chief of Police of the 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 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.
|. MANAGEMENT: The Nashua Board of Police Commissioners, the Chief of Police, a Deputy Chief,
Bureau Commanders, or their designee.
PARTIES: The Commission; the Union.
K. RESPONDING AUTHORITY: The person or party to whom the grievance is presented.
UNION: 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
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. 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
ona regularly 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
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.
. The wages and benefits provided under this Agreement shall apply to all employees.
ARTICLE 6: UNION DUES
. 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 shail 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.
. 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.
. Revocation of Authorization: An employee who executes such authorization form shall continue
io 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.
. 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.
. 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.
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.
ARTICLE 7: EMPLOYEE RIGHTS
lt is agreed that the Commission and the Department will not:
1. 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;
2. 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;
2 ND
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 ail 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:
Control the management and administration of the Nashua Police Department;
Hire, promote, transfer, assign, retain, lay off, and direct employees within the Nashua Police
Department;
Suspend, demote, discharge, and take other disciplinary actions against employees for just
cause}
Issue, modify, and enforce rules and regulations which do not expressly violate the terms of
this Agreement;
Determine the methods, means, and personnel by which Nashua Police Department
operations are to be conducted, as well as to determine thase operations;
Determine the job classifications and compensation based on a system which classifies
positions based on the skill, effort, responsibility, and working conditions required;
Exercise complete control and discretion over the Nashua Police 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 Nashua Police Department;
Exercise managerial policy as set forth in RSA 273-A:l, XI, 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.
