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2. The employee accepts employment with another employer;
3. Eighteen months from the date of injury.

B. The right to reinstatement shall not apply to an employee hired on a temporary
basis as a replacement for an injured employee.

Permanent Replacement:

After the 18-month period if the person is still unable to return to his position, he shall be
deemed to be unable to return to work. The person will be released, and the position may be
filled permanently. If the employee becomes employable after the 18-month period, he may
apply for any vacant position within the department for which he is qualified.

ARTICLE 29
VACANCIES

It is a policy of the Nashua Police Department to employ the best candidates possible through
positive recruitment and selection to ensure a lower rate of personnel turnover, fewer disciplinary
problems, higher moral, better community relations, and more efficient and effective Services.
The recruitment process will be consistent with Department procedures, with certain law
enforcement selection standards, and federal and state laws.

Filling Vacancies:

A. When filling vacancies for positions covered by this Agreement, current
employees will be given the opportunity to apply for the position, to be evaluated
for consideration purposes, and to participate in testing procedures if applicable.

B. If an employee is selected for a new position, the employee's pay rate will be
changed to reflect the position's wage as listed under Schedule A of this
Agreement. The probation period is six (6) months unless otherwise specified in
this Agreement.

C. Should the employee's performance be unsatisfactory any time during the six-
month period, the Chief of Police may:

* Permit the employee to bid on another vacancy for which he is qualified, or

¢ Return the employee to the position which he left if still vacant, or

« To terminate the employee from employment with the Nashua Police
Department.

4]

Department Policies:

The Bureau Commander has the option of transferring employees within his bureau when a
vacancy occurs. If qualified applicants are available from a previous recruitment for a similar
position, the department may utilize these applications and not open the position to the outside.
However, a notice of position vacancy will be posted internally within the Nashua Police
Department to ensure that every department employee has the right to apply for the position. If
after recruitment no qualified applicant is selected, a position vacancy will be re-posted.

Application Procedure:

No applications will be accepted by the Department or appropriate authority for any position that
is not posted, nor after the deadline date. Persons must complete applications at the Nashua
Police Department or as designated on the posting in order to be considered for vacant civilian
positions. After the deadline date listed on the "Notice of Position Vacancy," applications will
be considered. No employee will be considered for a position vacancy if he has not completed
an application form before the deadline date.

Selection Process:

If testing has been prepared for the position, the test will be prepared and administered by the
Nashua Police Department. Through testing, interviews, and completion of pre-employment
background investigations, the best qualified applicants will be selected. The background
investigation will include: Complete criminal record checks; Personal reference checks,
Employer reference checks; and motor vehicle checks (if he will be driving department vehicles).

Final Selection Process:

A final choice for the position will be decided upon. The applicant may be required to pass a
pre-employment physical at the city's expense prior to starting work for the city. It is agreed that
factors such as sex, race, color, national origin, religion, lawful political or employee's
organization affiliation, age, marital status, or non-disqualifying handicap are not considerations
in evaluating the qualifications of an employee or prospective employee.

ARTICLE 30
WORK POLICIES & REGULATIONS

It is the policy of the Nashua Police Department to provide certain guidelines to insure efficient
department operations. Civilian employees must comply with all applicable chapters or sections

within the Nashua Police Department Rules & Regulations Manual.

Civilian employees are subject to the Nashua Police Department's Disciplinary System and
Internal Affairs Investigations for any complaints/allegations relating to a criminal offense;

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neglect of duty; a violation of department/city policies, rules, procedures or ordinances; or
conduct which may tend to reflect unfavorably upon the employee, city, or department.

Provisions of the City of Nashua merit Plan are not applicable to the positions covered by this
Agreement.

ARTICLE 31
LONG TERM DISABILITY COVERAGE

Full time employees covered by this Agreement are eligible for coverage under the City's Long
Term Disability Plan in accordance with the provisions thereof as the same may be amended
from time to time. There shall be no cost to the employee for this benefit.

Part-Time Employees:

Part-time employees are not eligible for coverage under the City’s Long Term Disability Plan.

ARTICLE 32
RETIREMENT SYSTEM

Full-time employees are required to join the contributory pension plan of the City, NH
Retirement System, as a condition of employment. The contribution rate will be determined by
the NH Retirement System and all applicable laws and regulations shall apply. Group 1 members
shall also be enrolled in the social security system.

Part-Time Employees:

Part-time employees are not eligible for the New Hampshire Retirement System.

ARTICLE 33
DEPARTMENT SENIORITY

A. For purposes of this article, “service" or "date of hire" is defined as the full-time
position within the Teamsters Union, continuous service with the Nashua Police
Department to the current date.

B. In the event of a conflict, the last names of the two parties shall be considered

alphabetically and placed accordingly. Such placement shall determine
department seniority. In these cases, if an individual's last name after the date of

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Exhibit E- Availability

e No availability guarantee applied to this contract,

hire changes, the seniority date shall not be affected, but shall remain as was
originally established.

Cc, The seniority ratings of employees shall be used for only members within this
bargaining unit. Department supervisors who work in the same bureaus or
divisions as bargaining unit members, but are excluded from the bargaining unit,
shall have seniority over members due to their positions.

D. If an employee moves into another position outside of this bargaining unit, his
seniority date shall be as listed in another bargaining agreement or benefit
package.

Purposes of Department Seniority:

Department seniority shall be used to approve vacation selections, personal day selections, and
leaves of absence.

Detention Specialists:

Detention Specialists shall not be part of the seniority system of full-time employees. The part-
time dates of employment shall be used for seniority purposes within the group of Detention
Specialists, Department seniority shall be used to approve vacation selections, personal day
selections, Family Medical Leave requests, layoffs, recalls, and elimination of positions. An
employee's department seniority status shall be suspended during the time he is laid off.
Employees recalled from layoff anytime during the one-year period shall assume their
department seniority status from the date of layoff.

Seniority used for Layoffs & Filling Vacancies:

The department seniority date may also be used for layoffs or when filling vacancies; however,
the primary determining factors that will be considered are as outlined in Article 34.

Department Seniority During Laid Off Periods & Recalls:

An employee's department seniority status shall be suspended during the time he is laid off.
Employees recalled from layoff anytime during the one-year period shall resume their
department seniority status from the date of layoff.

ARTICLE 34
LAYOFFS, RECALLS, & ELEMINATION OF POSITIONS

Layoffs:

Management reserves the right, power, and authority to lay off employees within the Nashua
Police Department as deemed necessary. When making any layoff decisions, the primary

determining factors that will be considered are job performance, absenteeism record, and the
workload & the number of personnel within a particular bureau, division, or shift. If the listed
factors are the same when considering layoff decisions, the full-time continuous date of
employment with the Nashua Police Department will be considered.

Recalls:

A.

Management reserves the right, power, and authority to recall employees from
layoff status as deemed necessary. The names of employees laid off will be
maintained on a recall list for one (1) year from the date of such layoff and such
employees will be offered their job classifications, if the same exists, in the event
of a recall.

When making any recall from layoff decisions, the primary determining factors
that will be considered are job performance, absenteeism record, and the
workload & the number of personnel within a particular bureau, division, or shift.
If the listed factors are the same when considering recall from layoff decisions,
the full-time continuous date of employment with the Nashua Police Department
will be considered.

Management shall notify the employee by registered mail of being recalled no
earlier than two (2) weeks before the recall date. If an employee fails to return to
work on the date as indicated by management when recalled from layoff status, he
shall be considered to be resigned from employment with the Nashua Police
Department,

Elimination of Positions:

A.

When a reduction of the work force or elimination of any employee's position
takes place, management reserves the right, power, and authority to temporarily
assign the duties to another employee/member. Management also reserves the
right, power and authority to permanently assign the duties of the position as
deemed necessary.

If any new vacancies within the Nashua Police Department become available, any
employee whose job is eliminated because of permanent layoff shall be given the
opportunity to apply for the position, to be evaluated for consideration purposes,
and to participate in testing procedures if applicable. (Cite Article #29 -
"Vacancies".)

ARTICLE 35
LONGEVITY

For purposes of this article; the-fultimme-continueus_ date of hire with the City of Nashua will be
used for computing length of service.

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Effective July 1, 2017, fell-time-and-parttimeregular employees; who have been employed by

the Nashua Police Department for five or more years on an uninterrupted basis (except by reason
of layoff or an approved leave of absence), are eligible for a longevity payment on a normal
payday following their anniversary date of hire with the department in accordance with the
schedule below. Part-time employees are eligible for prorated longevity payments based upon
the employee’s amount of hours worked

5th through 9th anniversaries $ 300.00
10th through 14th anniversaries $ 500.00
15th through 19th anniversaries $ 700.00
20th through 24" anniversaries $ 1000.00
25" through 29" anniversaries $1200
30" and longer anniversaries $25 for each
additional

Effective July 1, 2021, longevity for full-time and part-time employees will be based on the
employee’s date of hire for the City of Nashua rather than the date of hire for the Nashua Police
Department. This will not be retroactive.

An employee is not eligible for this benefit if the following conditions apply:

1. Hf the employee is in layoff status;

2. If the employee is not currently employed by the Nashua Police Department;
3. If the employee is on long term disability;

4. If the employee is on an unpaid leave of absence.

According to the Fair Labor Standards Act, any longevity payments received by employees shall
be added to their total annual wages for computation of overtime rates. Such overtime rates shall
be effective January 1 of every year based on the amounts of longevity payments that will be
received during the upcoming calendar year. If the employee does not receive a longevity
payment during the calendar year, the appropriate adjustments will be made.

If employees retire, longevity payments will be pro-rated by month based on the actual length of
service. Employees must work at least 15 calendar days in any month to receive credit for that
month.

ARTICLE 36
BULLETIN BOARD

The Department shall maintain a bulletin board for the Union to post notices of Union
appointments, elections, meetings, recreational and social affairs, or other Union-related matters.

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The location of the bulletin board will be agreed upon by management and the union. Said
materials shall be posted in no other locations.

No other material or information shall be posted without approval by the Chief. Upon the Chief's
written request, the Union shall promptly remove any material which is offensive or detrimental
to the Union/Management relationship. The Union will periodically, or upon the Chief's request,
review all posted material and remove material which is no longer pertinent.

ARTICLE 37
PARTIAL INVALIDITY, SEPARABILITY, & COMPLIANCE WITH LAWS

Should the parties hereafter agree that applicable law renders invalid or unenforceable any of the
provisions of this Agreement, the parties shall attempt to agree upon a replacement for the
affected provision. Such replacement provisions shall become effective immediately upon
ratification according to the respective procedures and regulations of the parties and shall remain
in effect for the duration of the Agreement.

In the event that any of the provisions of this Agreement shall be declared invalid or
unenforceable by a court, board, or other appropriate authority, such invalidity or
unenforceability shall not affect the remaining provisions thereof.

The parties agree that this Agreement is subject to all pertinent federal, state, and local laws and
ordinances, as the same may be amended or enacted from time to time, and this Agreement shall
be construed in accordance therewith, and the parties shall conform their conduct thereto.

ARTICLE 38
WAIVER

The parties acknowledge that during the negotiations which resulted in this Agreement, each had
the unlimited right and opportunity to make demands and proposals with respect to any subject
or matter not removed by law from the area of collective bargaining and that the understandings
and agreements arrived at by the parties after the exercise of that right and opportunity are set
forth in this Agreement.

Therefore, the parties for the life of this Agreement voluntarily and unqualifiedly waive the right,
and each agrees that the other shall not be obligated to reopen contract negotiations with respect
to any subject or matter referred to or covered in this Agreement.

Further, the parties, for the life of this Agreement, voluntarily and unqualifiedly waive the right,
and each agrees that the other shall not be obligated to reopen contract negotiations with respect
to any subject or matter not specifically referred to or covered in this Agreement, even though
such subject or matter may not have been within the knowledge or contemplation of any of the
parties at the time this Agreement was negotiated or signed. The parties may, however,
voluntarily agree to reopen contract negotiations on any subject at any time.

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This Agreement contains all of the agreements and understandings between the parties; and
supersedes all previous agreements and understandings, and no oral agreement or understanding
survives the execution hereof.

ARTICLE 39
EDUCATIONAL REIMBURSEMENT

The Commission shall allocate an amount of $3,000 to spend on educational benefits (tuition
reimbursement) per fiscal year effective July 1, 1999. Said amount is on a first come, first serve
basis. Once the $3,000 cap is expended, the educational benefit (tuition reimbursement) is no
longer available.

A.

B.

The maximum amount the department will pay per class is $400.

Only one class will be reimbursed per school term.

The Commission shall reimburse employees 100% of the tuition costs for one
course successfully completed during the academic term for a degree- or

certificate-related program under the following conditions.

1. The course selected by the employee must be part of a degree or certificate
program and approved by the Chief or his designee prior to enrollment;

2. The course must be taken at an accredited college or university;

3. The employee must receive a passing grade of “C" (or its equivalent) or
better;

4. The degree or certificate program must be job-related. The final decision

of whether or not the degree or certificate program is job-related shall be
determined solely at the discretion of the Chief.

Below are acceptable examples which may be considered job-related. The list is
considered a partial listing only.

Business Administration Business Management Computer Science
Secretarial Science Paralegal Studies

This article shall not be subject to the grievance procedure.

ARTICLE 40

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EMERGENCY LEAVE/PERSONAL TIME

EMERGENCY LEAVE:
Definition:

Emergency Leave is defined as set forth in Nashua Police Department Rules and Regulations.

Regular-Full-Time Employees:

For the purpose of this Article the words "emergency leave” means time when an employee is
excused from active duty for emergency reasons. Said time is deducted from the employee's

accumulated sick leave. If no sick leave is available, the employee is-net-elgblete-+eeerv-e-an
emergencyteave-day will be allowed to take a day off for emergency leave without pay.:

Approval of Leave:

With prior approval and at the discretion of the Chief of Police or his designee, Emergency
Leave may be granted to employees. The appropriate form will be completed by the supervisor
or employee. The form will be forwarded to the Financial Services Division for deduction

purposes.

Extensions of Emergency Leave:

An employee may be granted an extension beyond the 8-hours of emergency leave up to two (2)
weeks at the sole discretion of the Chief of Police. Any requests for extensions shall be in
writing on the appropriate form and shall set forth in detail the reasons therefor.

Disputes:

Disputes concerning emergency ieave shall not be subject to the Grievance Procedure.

PERSONAL TIME:

Definition:

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