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amount certified in writing by the President or the Secretary/Treasurer of the Union, as
representing monthly dues uniformly required as a condition of acquiring or retaining
membership.

An employee who executes such authorization form shall continue to have such
deductions made from his salary during the term of the Agreement or until he 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 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 nor
the City of Nashua 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. Termination of employment;

2. Transfer out of the bargaining unit;

3. Lay-off or reduction in force;

4. Revocation by the employee of Dues Authorization.

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

ARTICLE 6A
AGENCY FEE

If permitted by law and only in accordance with lawful procedures and required
authorizations, the Commission agrees to deduct an agency fee from the wages of each
employee who is not a member of the Union in the same manner as the collection of
Union dues. The Union shall indemnify and save harmless the Commission, the Nashua
Police Department, and the City of Nashua from any and all suits, claims, and damages
arising out of or in connection with such deductions.

ARTICLE 7
EMPLOYEE RIGHTS

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

A. 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 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
this 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 Statutes of the State of New Hampshire
and the Nashua City Charter and ordinances, including, but not limited to, the specific

rights to:

A.

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 those
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;

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

I, Exercise managerial policy as set forth in RSA 273-A:1, 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.

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
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
COLLECTIVE BARGAINING MEETINGS AND CONTRACTS

No more than three (3) representatives of the Union shall be designated to attend
collective bargaining meetings with the Commission or its representatives. No essential
employee shall attend negotiating meetings who are normally scheduled for duty during
the time the meeting is being held unless approved previously by the Bureau Commander
or designee.

No more than two (2) such representatives attending negotiating meetings shall be
employees who are normally scheduled for duty during the time the meeting is being held
unless authorized by the Chief of Police. No more than one (1) such representative
attending negotiation meetings shall be employees who are normally scheduled for duty
during the time the meeting is being held who are in the same bureau/division. If there is
only (1) employee who works in a bureau/division or due to vacations, illnesses, etc., and
the employee will be the only person available in a bureau/division for that date or the

area is severely short-handed that particular day, he shall not attend the negotiation
meeting until the condition no longer exists.

The designated representatives of the Union shall be given a reasonable opportunity to
meet with the Commission or its representatives during working hours without loss of
compensation unless any of the conditions above exist.

The Commission agrees to post to the public drive a copy of this agreement. The Union
agrees to make each employee it represents aware of the availability of the Agreement on
the public drive.

ARTICLE 11
SHOP STEWARD/INVESTIGATION OF ISSUES

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

An off duty Shop Steward or Alternate Shop Steward shall investigate all
situations/issues brought to his attention. Union 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, the Steward shall report the matter by telephone to the
Union Business Agent. If the issue cannot be settled amicably between the parties, the
Grievance Procedure shall be followed.

It is understood that time spent by union 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 shail only be paid for their regularly scheduled workweek.

ARTICLE 12
GRIEVANCE PROCEDURE

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

This grievance procedure shall not limit the normal process of discussions between
employees and/or the union 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 union, shall be
considered a “grievance” and shall begin at STEP 1, unless otherwise noted below.

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 having the grievance and the Union will present the grievance in
writing to his immediate supervisor within ten (10) calendar days of its occurrence. The
supervisor will reply in writing to the grievant within ten (10) calendar days after the
grievance is presented. If the grievance is with the employee's immediate supervisor, he
may go to STEP 2.

STEP 2. Failing a settlement at STEP 1, the grievant may present the grievance in
writing to the Divisional Supervisor, Bureau Commander, or Deputy Chief within ten
(10) calendar days after the reply in STEP 1. If the grievance is with the employee's
Divisional Supervisor, Bureau Commander, or Deputy Chief, he may go to STEP 3. The
Divisional Supervisor, Bureau Commander, or Deputy Chief will reply in writing to the
grievant within ten (10) calendar days after the grievance is presented in writing.

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. If the grievance
is with the Chief of Police, the grievance will still start at STEP 3. 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.

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The Chief will reply to the grievant in writing 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 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 in writing within ten
(10) calendar days after the reply in STEP 3, the grievance to the Board of Police
Commissioners which is the final step of the grievance procedure. The Board of Police
Commissioners will receive all grievances at its regular monthly meetings or a special
hearing will be scheduled. The Board of Police Commissioners will reply in writing to
the grievant within fifteen (15) calendar days after the grievance is presented at a hearing.

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 parties recognize that after STEP 1 of the grievance procedure, additional time may
be required by both parties to process the grievance. The parties may agree in writing to
extend any of the time limits set forth in any steps of the grievance procedure.

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

3. 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 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.

4, During any step involved in the grievance procedure, the grievant, union
representatives, or witnesses for the grievant, shall not be paid overtime if
not done during on-duty hours.

STEP 5. Failing a settlement at STEP 4, the grievant may present the grievance in
writing to the union within thirty (30) calendar 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 Public Employee
Labor Relations Board within thirty (30) calendar days after receiving the grievance from
the grievant.

SECTION A

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

SECTION B

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)
calendar days after the grievance is presented. Failing a settlement between the
Commission or its designees and the Union, the grievance may be presented to the Public
Employee Labor Relations Board within sixty (60) calendar days after the reply.

SECTION C
No party action 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.

ARTICLE 13
VACATIONS

Part-Time Positions:

Vacation time is accrued for any month in which the individual has been employed prior
to and including the 15" of the month. The accrual rate is based upon continuous
department employment on the fifteenth of every month. After satisfactory completion
of a probationary period as determined by the Chief of Police or designee, but not
exceeding one (Ll) year, employees are eligible to take vacation leave. Part-time
employees shall receive prorated vacation days and shall reach maximum accrual cap
based on full-time accrual. A vacation balance of not more than two times the annual
accrual can be earned by the member’s “anniversary date”. On the anniversary date,
should the vacation balance be over the two times maximum accrual, the balance will be
decreased to two times the annual accrual. The employee will then be allowed to accrue
vacation for that month and the following months up to the “anniversary date.

Full-Time Positions:

Vacation time is accrued for any month in which the individual has been employed prior
to and including the 15 of the month. The accrual rate is based upon continuous full-
time department employment on the fifteenth of every month. After satisfactory
completion of the probationary period as determined by the Chief of Police or designee,
but not exceeding one (1) year and classification as a “regular employee", full-time
employees covered by this Agreement are eligible to take vacation leave, Full-Time
employees shall accrue vacation in accordance with the following schedule:

Beginning July 1, 20202022:

A.
B.

C.

Less than 5 years of continuous service: 43-15 days per year

Five (5) years, but less than Ten (10) years of continuous service: 44-20
days per year

Ten (10) years, but less than Fifteen (15) years of continuous service: 24
days per year

Fifteen (15) years, but less than Twenty (20) years of continuous service:
25 days per year

Twenty (20) years , but less than Thirty (30) years of Continued Service:
29 days per year

Thirty (30) years or more of continued service: 30 days

Vacation Policies:

A.

The full-time (works 35 hours a week or over) anniversary date of
continuous Department employment shall be used to calculate a full-time
employee's length of service with respect to paid vacation eligibility.
Length of service shall be measured from the employee's most recent full-
time date of hire with the Department.

Vacation time is accrued for any month in which the individual has been
employed prior to and including the fifteenth (15) of any month. The
accrual rate is based upon the years of full-time, continuous department
employment on the fifteenth of every month.

Paid sick leave and absences for jury or military reserve duty are
considered time worked for vacation accrual purposes.

If a holiday falls during a vacation week, holiday pay will be given in lieu
of a vacation day.

Any regular employee who is laid-off, retires, or resigns is entitled to
receive accrued vacation pay prorated to the date when active employment
ceases. Upon retirement a maximum of 2 times the annual amount of
vacation accrual will be paid at that time. When calculating accrued
vacation time, fractional hours shall be rounded up to the next full hour.

All accrued vacation time shall be paid in a lump sum to the employee’s
beneficiary, as specified in writing by the employee on an approved form,
if death occurs while employed by the Nashua Police Department. If no
beneficiaries are designated by the employee, the accrued vacation leave
will be paid to the employee's estate.

Transfers from another City Bargaining Unit or other City Department:

A.

Full-Time Employees: If a full-time employee transfers from another
City bargaining unit or other City Department, he shall be paid for all
accrued vacation leave by the appropriate City Department and shall not
transfer any vacation accruals. The full-time anniversary date of
continuous City employment shall be used to calculate a full-time
employee's length of service for accrual purposes.

Part-Time Employees: If a part-time employee transfers from another
City bargaining unit or other City Department, he shall be paid for all
accrued vacation leave by the appropriate City Department and shall not
transfer any vacation accruals. The full-time anniversary date of
continuous department employment shall be used to calculate a part-time
employee's length of service for accrual purposes.

Loss of accrued vacation time:

A.

If a probationary employee resigns, is laid-off, or is discharged any time
before completing his probationary period not exceeding one (1) year, he
shall lose all accrued vacation time.

During an unpaid leave of absence, an employee does not earn any
vacation time.

A vacation balance of not more than two times the annual accrual can be
earned by the member’s “anniversary date.” On the “anniversary date,”
should the vacation balance be over the two times maximum accrual, the
balance will be decreased to two times the annual accrual. The employee
will then be allowed to accrue vacation for that month and the following
months up to the “anniversary date”.

Requesting use of vacation time:

A.

Employees must complete six months of continuous service before taking
any accrued vacation time unless otherwise designated in this Article.

Employees will have the appropriate time accrued before use of vacation
time is approved. An employee may be allowed to take vacation time if it
has not yet been accrued if authorized by the Chief of Police or designee.

Requests for the use of vacation shall be in 5-day (40 hours, 37 1/2 hours
or 35 hours per week) blocks.

Employees are allowed to use vacation in one- or half-day or one (1) hour
increments of vacation leave at a time only upon approval of their bureau
commander or designee.

Employees may use partial vacation days in any increment for payment of
time used for valid FMLA incidents.

Except as approved by the Chief of Police or designee, employees cannot
take more than two (2) consecutive work weeks of vacation at any one
lime.

Approval of Block Weeks: In written form, employees are to request the
use of block week vacations at least three (3) weeks prior to the date of
use, unless waived by the Chief of Police. Employees may request use of
vacation one (1) year in advance. Said requests for less senior employees
in a bureau, division, or shift shall have their vacation request for block
weeks and individual vacation days signed off by all senior employees in
the bureau, division, or shift before submitting same to the Bureau
Commander or designee for initial approval. Upon being requested to sign
off the vacation use, the senior employee(s) will have one week to finalize
this process. The appropriate Bureau Commander or designee may extend
the one-week limit due to the unavailability of the senior employee(s).
The only valid reason for a senior empioyee not to sign off the vacation
request is due to a conflicting vacation usage by the senior employee. If
not completed previously, the senior employee must complete a vacation
request within one (1) week. If the senior employee does not complete his
vacation request or sign off the less senior employee’s vacation request,
the requesting employee will document the circumstances via an
intradepartmental memorandum, attach it to the vacation request, and
submit it to his Bureau Commander or designee for initial approval.

Approval of Individual Vacation Days: In written form, employees are

to request individual vacation days at least three (3) days prior to their use;
however, supervisors may waive this time restriction.