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G. EMPLOYEE: Supervisory Officers of the Nashua Police Department who have attained
the rank of Lieutenant and Sergeant.

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

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

J. MANAGEMENT/STAFF MEMBERS: The Commission, the Chief, the Deputy Chief of
Operations, and Bureau Commanders.

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

ARTICLE 4: MANAGEMENT RIGHTS

A. The Commission, and its designees, shall retain all such rights, powers, and authority
vesied in it by virtue of the statutes of the State of New Hampshire including the following:

1. To control the management and administration of the department.

2. To hire, promote, transfer, assign, retain, and direct employees within the
department.

3. To suspend, demote, discharge, and take other disciplinary actions against

employees for just cause.

4, To issue, modify, and enforce Rules and Regulations which do not violate the terms
of RSA 273-A:4 | (i).

5. To determine the methods, means, and personnel by which department operations
are to be conducted.

6. To determine the content of Job Classifications.

7. To exercise complete control and discretion over its organization and the
technology of performing its work.

8. To determine the standards of selection for employment and the standards of
service to be offered by the department.

9. To exercise managerial policy as set forth in RSA 273-All, XI.

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

C. The foregoing rights, responsibilities, and prerogatives delegated to the Commission by
statute shall not be subject to the grievance procedure hereunder.

ARTICLE 5: ASSOCIATION MEMBERSHIP, DEDUCTION OF DUES, & FAIR SHARE

Open Shop:
No employee shall be required to join or maintain membership in the Association as a condition

of acquiring or continuing employment.

Non-Member/Fair Share:

Any employee who seeks representation for an incident, which occurred while he was not a
member of the Association, shall pay for any and all costs associated with the representation,
including reasonable legal fees as determined by the Union.

Dues Deduction:

A, An employee who is, or who may become, a member of the Association may execute a
form (to be approved by the Commission) authorizing that a portion of his salary
representing monthly dues, be withheld and forwarded to the Treasurer of the Association.

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

1. The deduction of such dues shall be made pursuant to the policies and procedures
of the City.
2. The deduction shall be only in the amount certified in writing by the President or the

Treasurer of the Association 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 his salary during the term of this Agreement or until he notifies the
Commission in writing, with a copy to the Association, 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
Association.

D. Dues deductions shall be subordinate to deductions required by law. No deductions will
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 Association by a
member.

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

1. Termination of employment;

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2.
3.

4,

Demotion or promotion out of the bargaining unit;
Lay-off or reduction in force;

Revocation by the employee of Dues Authorization.

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

ARTICLE 6: EMPLOYEE RIGHTS

It shall be a prohibited practice for the Commission or the Department:

1.

To restrain, coerce or otherwise interfere with its employees in the exercise of the
rights conferred by RSA 273-A.

To dominate or to interfere in the formation or administration of the Association;
To discriminate in the hiring or tenure, or the terms and conditions of employment
of its employees for the purposes of encouraging or discouraging membership in
the Association;

To discharge or otherwise discriminate against any employee because he has filed
a complaint, affidavit, or petition, or given information or testimony under RSA 273-
A;

To refuse to negotiate in good faith with the Association, including the failure to
submit to the legislative body any cost item agreed upon in negotiations;

To invoke a lockout;

To fail to comply with Chapter RSA 273-A or any rule adopted under Chapter RSA
273-A;

To breach this Agreement;

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

It is agreed that employees have the following rights:

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, II (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.

An employee, 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 beiow listed procedures
under NLRB 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 employee. The administrative rights as outlined under Garrity v.
New Jersey are to:

» Advise the employee that the answers to the questions will not be used
againsi the employee in criminal proceedings;

» Order the employee to answer the questions under threat of disciplinary
actions; and

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

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

« Awritten notice of the charge(s);

e Agist of the allegations;

e Possible disciplinary action(s) to be taken; and

e An opportunity 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.

9. 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.

C. The department maintains a purging system for official personnel files as follows:

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

e Remedial Training/Counseling From: 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.

e 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.

e 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 ab

ARTICLE 7: STRIKES, STOPPAGES, AND LOCKOUTS

A. During the term of this Agreement, neither the Commission nor the Department shall lock
out any employees.

B. No employee shall, alone or in concert with any other person, engage in any strike,
stoppage, or refusal in the course of employment to perform his assigned duties; or to
withhold, curtail, or restrict his services or otherwise interfere with the operations of the
Department or encourage others to do so,

C. The Commission reserves the right to discipline any employee who participates in any
activity which is in violation of this Article.

D. In the event of the occurrence of any act described in Section "B" above, it shall be the
responsibility of the Association, within 24 hours of a request by the Commission, to notify

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the Commission and employees, in writing, of its disapproval of such actions and
encourage employees to cease and desist therefrom and return to work immediately.

ARTICLE 8A: SHOP STEWARD/INVESTIGATION OF ISSUES

Management agrees to recognize one (1) Shop Steward and two (2) Alternate Shop Stewards,
and the Association agrees to provide management with an updated list of names of the
individuals who shall fill these positions.

A Shop Steward or Alternate Shop Steward shall investigate all situations/issues brought to his
attention. Association representatives normally 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 to department operations,
or require the need to hire overtime personnel, or to reassign personnel from outside of
headquarters to supply coverage, management, at its discretion, may allow investigation and
processing thereof during working time.

If a settlement cannot be reached or settled amicably between the parties, the Grievance
Procedure shall be followed.

lt is understood that time spent by Association Stewards, Witnesses, or a Representative of the
employee’s choice in settling issues, processing matters through the grievance procedure,
attending disciplinary sessions with supervisors, and attending disciplinary and administrative
hearings before appropriate authorities shall not be paid for if they are off duty. They shall only
be paid for their regularly scheduled workweek.

ARTICLE 8B: GRIEVANCE PROCEDURE

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

Discussions & Settlements:

This grievance procedure shall not limit the normal pracess of discussions between employees
and/or the Association and Management in which minor issues are easily resolved. If settlement
occurs between the parties, such discussions shall not be considered "grievances" and, as such,
shall not need to be documented. If settlement does not occur between the parties, such
discussions, if deemed necessary by the Association, shall be considered a “grievance” and shall
begin at STEP 1, unless otherwise noted below.

Procedures:

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. If a 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 limits listed, the
grievant may proceed to the next STEP.

SECTION A.

STEP 1. An employee or the Association having the grievance will present the grievance in
writing to his Bureau Commander within seven (7) calendar days after 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's Bureau Commander, the
grievance may be started at STEP 2, as applicable.

STEP 2. Failing a settlement at STEP 1, the grievant may present the grievance to a Deputy
Chief of Operations in writing within seven (7) calendar days after the reply in STEP 1. If the
grievance is directed at a Deputy Chief of Operations, the grievance may be started at STEP 3.
The Deputy Chief of Operations will reply in writing to the grievant within seven (7) calendar days
after the grievance is presented. If the Deputy Chief of Operations is unavailable, 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 or
Deputy Chief of Operations in writing within ten (10) calendar days after the reply in STEP 2.

The grievant will specify the following:

The nature and facts pertaining to the grievance;

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

The basis for dissatisfaction with STEPS 1 and 2;

The remedy that is desired;

The signature of the grievant or Association.

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

STEP 4. Failing a settlement at STEP 3, the grievant may present the grievance to the
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 Commission will officially receive all grievances
during its regular monthly scheduled meeting. The Commission will reply in writing to the grievant
within fifteen (15) working days after the grievance is presented during the commission's monthly
meeting.

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

SECTION A - GRIEVANCES AGAINST MANAGEMENT

The Association 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 Association,
if the grievant desires.

SECTION B - GRIEVANCES AGAINST THE ASSOCIATION AND/OR MEMBER

The Commission, or its designate, will have the right to file grievances against the Association
and/or a member thereof. The grievance will be presented in writing to the Association and the
member, if applicable, within ten (10) calendar days of its occurrence, or when knowledge was
obtained that a grievance existed.

The Association will reply within thirty (30) working days after the grievance is presented. Failing
a settlement between the Commission or its designates and the Association, the grievance may
be presented to the American Arbitration Association, Public Employee Labor Relations Board,
or Hillsborough County Superior Court within sixty (60) working days after the reply.

SECTION C - GENERAL PROVISIONS

A. Each grievance will be separately processed under the Grievance Procedure.

B. Expenses incurred under STEP 5 will be shared equally by the Commission and the
Association.

C. No party acting under STEP 5 will have 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.

D. 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 § of the grievance procedure.

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

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

ARTICLE 9: SENIORITY

For purposes of this Agreement, seniority is defined as follows: “Established first by virtue of
rank and secondly by the aggregate time served in rank. Where conflict occurs because of
identical time of service or date of appointment, the member of the department with the longest
aggregate time served in the next lower rank is deemed to hold seniority."

In situations requiring decision-making or the exercise of control among members of equal rank,
it shall be incumbent upon the member holding seniority to take charge, unless otherwise directed
by a member of higher rank.

ARTICLE 10: VACATION

Accrual Rates:
Employees shall be eligible for vacation in accordance with the following schedule:

10 workdayS............ ce ceeeceee ee ne renee eees After One Year of Service
15 workdayS............ cece cece ee ee neers After 5 Years of Service

20 WorkdayS..........:ccccccee sce cee eee eeeeeees After 10 Years of Service
25 WorkdayS..........2..ccccceeeeneee ern enens After 15 Years of Service
30 WorkdayS.............cccc eee cce ecto ne eneee After 20 Years of Service

Vacations Policies:

Vacations will be selected upon the basis of seniority as defined in this Agreement. A maximum
of ten (10) vacation days may be taken at one time. A minimum of one (1) day may be taken.
The number of employees allowed on vacation at one time will be determined by the Chief or his
designee.

A. Vacation block weeks begin on Saturday and continue through the week, inclusive of
normal days off, until five (5) vacation days are reached.

B. A vacation block week will consist of five (5) vacation days within the block. Any time used
between block weeks is considered vacation time.

Example #1: Saturday & Sunday are days off
Monday, Tuesday, Wednesday & Thursday are vacation days
Friday and Saturday are days off
Sunday is a vacation day
(The block week ends Sunday.)

Example #2: Saturday & Sunday are vacation days
Monday and Tuesday are days off
Wednesday, Thursday, & Friday are vacation days
(The block week ends Friday.)

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

Maximum Amount Taken During a Calendar Year:

Effective December 28, 2004, during a calendar year, members are limited to taking their annual amount
of accrued vacation leave, as specified under paragraph “Accrual Rates” above. Effective July 1, 2016:
An employee, in their final year of employment, will be entitled to use the amount of vacation time available
in their current vacation balance with no cap.

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Callbacks:

An employee will be paid time and a half of his regular rate of pay for callback while on a vacation
block week and granted an additional day, which may be banked for future use. Should an
employee be called back to work or required to attend Court while on a vacation block week, he
shall receive time and one half his regular rate of pay for such duty day and further shall be
granted an additional day off for each day or fraction thereof, for which he was called back. The
additional day off may be banked for future use.

Unused Vacation Accruals:

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.

Maximum Accrual Amount:

An employee shall be allowed to accrue a maximum of forty (40) work days vacation. The cash
value of such accrued vacation shall be paid in one lump sum (less appropriate withholding) at
retirement or separation from the Department. Should an employee die while employed by the
Department, his earned but unused vacation shall be paid to his estate. Effective July 1, 2016,
employees may elect to receive a cash value payment of up to eighty (80) hours of unused
vacation time per calendar year. Such election shall be made prior ta December 1° of each year
and such payment shall be made in one lump sum (less appropriate withholding) during the last
pay period of the calendar year. Such elections may not exceed forty (40) work days during that
individual's term of employment with the Nashua Police Department and any such election will
reduce that individual's maximum permitted accrual amount by an equal amount of days at time
of retirement or separation from the department. A maximum of 800 hours shall be paid out
during a fiscal year to all eligible members who elect to receive a cash value payment prior to
retirement or separation under this provision.

Loss of Accrual Amounts:
Employees shall not accrue more than forty (40) work days vacation. Any vacation time accrued
in excess of forty (40) work days shall be forfeited.

ARTICLE 11: LONGEVITY

A. An employee with less than ten (10) years of service in the department shall receive a
jump sum longevity payment of $300.00 the pay week following the employee's
anniversary date.

B. An employee with ten (10) years of service in the department shall receive a lump sum
longevity payment of $500.00 the pay week following the employee's anniversary date.
Employees with more than 10 years of service will receive an additional $75.00 each year
thereafter.

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