Search

Article 41
Earned Time

Generally:

Earned Time is an alternative approach to the traditional manner of covering absence for
vacation, personal leave days, sick leave, and other types of leave. Instead of dividing benefits
into a specific number of days for each benefit, earned time amalgamates these days, into a
single benefit. Earned Time can be used for a variety of purposes including a pay ment in cash at
the time of termination, but only as provided in this Article. Earned Time is accrued for any
month in which an employee has been employed at least fifteen (15) calendar days, beginning
the first day of any month. Paid leave and absences for jury or military reserve duty are
considered time worked for Earned Time accrual purposes. While an employ ee will earn Earned
Time days during his or her probationary period, he or she cannot take Earned Time until they
have completed ninety (90) calendar days of employ ment with the City. If an employee leaves
City employment before they have worked ninety (90) days, they will not be paid for any
accrued Earned Time.

Coverage:

Employees who are employed in a position at least (20) hours per week are eligible to earn
Earned Time. Part time employees, those working less than 40 hours, accrue earned time on a
pro-rated basis. The accrual rates for full time employ ces are as follows:

Bargaining unit members employed by the city on June 30, 2009 shall continue to accrue Earned
Time on the following schedule:

Years of Service Days Accrued per Month Total Annual Days
less than 5 years 2.25 27.0
5 to less than 10 years 2.50 30.0
10 to less than 15 years 3.00 36.0
15 years to less than 20 y ears 3.25 39.0
20 or more years 3.50 42.0
30 or more y cars 3.75 45.0

Bargaining unit members hired after June 30, 2009 shall accrue Earned Time on the following
schedule:

Years of Service Days Accrued per Month Total Annual Days
less than 5 years 2.25 27.0
5 to less than 10 years 2.50 30.0
10 or more years 3.00 36.0

Years of service means continuous length of service with the City in accordance with Article 10,
Seniority .

31

Breaks in Service:
In the event of reemploy ment after a break in service, as defined in Article 10, not exceeding 2
years, the employee shall accrue earned time as if that break in service had not occurred.

Usage:

All use of earned time shall be arranged in advance by the employee, and approved by his/her
supervisor prior to the date of absence, except as provided in this paragraph Earned Time
day s/hours may be used after being accrued. Earned Time is ordinarily used at the rate of one
day of Earned Time for cach day of absence. Employees presenting a request to use earned time
less than 18 hours before the earned time use is to begin shall use earned time at the rate of 1 1/4
days of earned time for each day of absence. This special rule will not apply to the first seven
(7) occurrences in any calendar year. Earned time shall be used in increments of hours under the
FLSA. An occurrence shall be defined as the use of two (2) or more hours of Earned Time
without the 18 hour prior notification. Notification may take place in person or via email or
voice mail. When an employee calls in sick and subsequently remains ill for additional days, the
employee shall only be charged 1 '4 day of Earned Time for the first day of the illness. Should
the illness extend for longer than a three-day period, the employee may be required to present a
doctor’s certificate or other evidence satisfactory to the city. Said certificate shall state that the
emp loy ee was unable to work due to illness.

Termination of Employment and/or Voluntary Quit:

In the event of termination of employment, 100% of the terminated employee's earned time
balance will be paid to him/her. In the event of termination due to layoff, 100% of the
terminated employee's earned time balance will be paid to him/her. The employee may elect to
defer pay ment for up to two years in anticipation of possible recall.

Retirement:

One hundred percent (100%) of any employee's unused Earned Time balance will be paid at
retirement. "Retirement" shall be defined by the New Hampshire Retirement System or
by Ordinance pertinent to the Board of Public Works Retirement Sy stem, as may be appropriate.

In the event_of death of an employee, 100% of any employees unused Earned Time balance shall

be_paid to his or her designated survivor or, if no survivor has been designated, to his or her
estate.

Maximum Accruals:

Earned Time accumulation shall not exceed sixty (60) days. For employees entitled to a balance
of up to ninety (90) days resulting from initial conversion pursuant to Article 42 (Individualized
Sick Leave Pools, Maximum Balances), total Earned Time days and Sick Leave Pool days
combined shall not exceed one hundred fifty (150) days in the aggregate. Balance in excess of
these accruals shall be lost.

Staffing Considerations:

The parties expressly agree that all leave usage shall be affected in a manner consistent with the
staffing and operational needs of the City so that services are efficiently provided to the Nashua
Community. The parties agree to work cooperatively to achieve this goal. Abuse of the
benefits conferred in these articles may be grounds for discipline.

32

Article 42
Individualized Sick Leave Pools

Generally:

The sick leave pool is intended to provide security by allowing each employee to provide for
extended illness, or other disability of the employee, or for the care of a sick family member,
consisting of the following: employee's spouse, children, brother, sister, parents, or
grandparents. The term spouse shall include domestic partner. When acquiring Pool days,
employees convert Earned Time days on a one to one and one half (1 to 1 1/2) Sick Pool days
basis. The employee may pick a given number of Earned Time days to exchange for Sick Pool
days. This conversion is available annually in the employee's anniversary month. All Sick Pool
conversion and usages is governed by this Article.

Sick Pool days are available for use only under the conditions listed below:

1. Use of Sick Pool days must begin on or after the fifth consecutive work day
absence caused by illness, injury, or other disability certified in writingto the

City by ap hysician.

2. The employee may continue using Sick Pool days until Sick Pool balance is
zero at which point the employee may elect to use any remaining Earned
Time,

3. Care of chronically ill relative or friend, or maternity /paternity leave, but

only if the need for such leave is documented by a physician to the
satisfaction of the City .

4. Doctor's reports may be required by the City at any time. Sick Pool leave
may be denied by the City in the event that phy sician's certifications are not
provided by the employ ce in accordance with this Article.

Maximum Balances:

No employee's Sick Pool balance shall exceed forty (40) days. A balance of up to ninety (90)
days may result from initial conversion by employees of the City so employed on the date of
execution of this agreement. No additional Earned Time days may be added or converted to the
Individualized Sick Pool Leave until balance of that account is below 38.5 days.

Retirement:
Emp loy ees retiring from the City service shall be paid at their current straight time or salary rate
for their Sick Pool balances, but shall not be paid therefore in the event of termination or
resignation.__In the event_of death of an employee, 100% of any employees unused Sick Time
balance shall be paid to his or her designated survivor or, if no survivor has been designated, to his
or her estate.

33

Article 43
Professional A ffiliations/Licensing

The City shall bear the cost of all licenses and/or certifications required by various
regulatory agencies [local, state and federal] to maintain the employ ees qualifications.

Article 44
Safety Committees

Two safety committees, each consisting of an equal number of union and management members,
shall be formed to evaluate various safety issues and concerns. One safety committee shall consist
of UAW Department of Public Works Employees and other UAW employees who perform
significant work outside of City offices. The other safety committee shall consist of UAW
employees who primarily perform office work. The committees shall make recommendations for
implementation. The City shall provide information to the committee as requested, and shall
provide the necessary clerical and/or administrative assistance as needed.

Article 45
Union Business Leave

There shall be a total of twenty (20) days of unpaid Union Business Leave per fiscal y ear for each
UAW unit, which may be used by emp loy ces for participating in Union activities. Elected Officials
and Unit Chairs may be granted unpaid leaves of absence for Union Business Leave not to
exceed a collective total of an additional ten (10) working days per fiscal y car for each UAW unit.
No employee shall take more than 10 days of Union Business Leave unless mutually agreed by
the parties. Requests for leave must be made by the individual to the supervisor, with the Union’s
approval, reasonably in advance of the use of the Union Business Leave to allow for appropriate
coverage of operations. The City shall have the right to deny requests for Union Business Leave in
the event granting such leave would result in an adverse impact on operations, however, such
requests shall not be unreasonably denied.

When elected officials and unit chairs use paid time for union business, including contract
administration, adjusting grievances, meeting with new employees and consultation with
management, they will report the time that they commence and the time that they finish that
union business to their supervisor.

Article 46
Working out of Classification

An alternate rate equal to the current regular rate paid for the alternate position will be paid to
bargaining unit employees that have been assigned to work in a classification higher than the
emp loy ee’s regular classification, provided that the employee has worked a minimum of four (4)
hours in any one (1) calendar day for an accumulated period of forty (40) hours within atwenty -four
(24) month period. Once the employ ce meets the minimum requirements, then they shall remain
eligible for the alternative rate indefinitely .

34

Article 47

Duration of Agreement
This Agreement between the Union and the City shall commence as of July 1, , and
terminate at midnight on June 30, . A party desiring to negotiate a successor agreement

hereto shall give notice to the other party at least 180 days in advance of the expiration date
hereof, otherwise this agreement shall be renewed for a period of one year without change. If
such notice is given, the parties shall negotiate a successor agreement in good faith, in advance
of the expiration hereof if possible, and if said successor agreement has not been concluded
by the expiration hereof, the parties shall abide by the terms and conditions hereof thereafter to the
extent required by law.

35

AGREED to by and between the parties at Nashua, New Hampshire, as evidenced by the signatures
of their duly authorized representatives, set forth below, this day of

FOR THE CITY OF NAS HUA FOR U.A.W. 2322 CLERICAL AND
TECHNICAL UNIT

James Donchess, May or

NAS HUA BOARD OF PUBLIC WORKS

James Donchess, Chair

NAS HUA BOARD OF FIRE COMMISSIONERS

Chair

Approved as to form:

Corp oration Counsel

36

APPENDIX A

AMENDED CERTIFICATION OF UNIT

Unit Modilication

State of New Hompshire
Public Employee Labor Relatiuns Board

[nternational Union —- LAW Local 2322
{Clerical and Technical Unit)
god
Cly of Nushuw

Case No, (044-4
Decision No. 2018-3154

Modificadoy of Certified Bargaining Unit

Pursuant to RSA 273-A and PELEB Decision Na, 30/8-153 granting the Union's
petition for modification, the existing ocrtification, set forth in PELRE Decision No. 20] 5-80
(May 4. 2015), is amended: und it is hereby ordered that the composition of the madified
bargaining unit. tepresented by the Iolernational Union — UAW, Local 2329 for purposes of
collective negotiations and acttlement of grievances, is os tollows:

Bargatainy nit:

_ Accounts Payable Courlinatar Licensed Sealy Operator
Administrative Assistant L Maintenance Specialist
Administrative Assistant IT Messencec Muil Dastibution Clerk
Adminisirative Assistant LLL Molar Vehicle Registration Clerk [
Assessing Admin, Specialist CSR Motor Vehicle Registration Clerk IT
Asscssing Admin. Spectulist IMOSR. Motor Vehicle Registration Clerk LL
Building and Utilities Inspector Operations Coordinator, Sireet
Building Inspector’Asst Plone Examiner Parking Enforcement Specialist (20— hours per

week}
Clerk. ¥ital Records Parking Maintenance
Code Enforcement Officer II Penmit Technician 1
Code Eu forcement 1.P & HH Pemait Technician II
Collectivas Spevialist 11 Pent Technician Wl
Custodian | Purchasing Agent |
Departenent Coordinator. Assessing PVIMVE Coontinatoc
Department Coordinator, City Clerk Revenne Accounts Specialist
Department Coordinator, Planning | Storekeeper PAD:

DPW Collections Specialist I Stree, Construction Repair & Pevinit

| Coordinator

Engineering Ligpector Survey Technician

Foreman, Fleet Maintenance Transit Mechanic
Foreman, Parks & Recreation ‘Transit Operations Coardinatuc
_ Foreman, Solid Waste Transit Utiliny Sorvice Worker

Foreman, Strect Web Designer

Fareman, Traffic Zaning Coordinator
| Faremon, Wastewater

Excluded: = Deputy Voter Registrar, Assessers [ and Ll, Engineer (1) PD, Administrative
Emplayees, Prolessional Employes, all Mon-Clenceal Employers in Cammunily
Health, Favivonmemt Health, Comounity Services, und Wellire, Custodians at
District Court, and Edgewend & Woodlawn Cemeteries, Public Library
Seeretary/Reveplionisl i le Mayor, Accountant Ll and Systems Applicahyn
Analysts T, II, III, and IV.

The City of Mashua shal] oegetiate with the International Union - UAW, Local 2322 as
exelusive mpresenative on dhe terms and conditions of employment for the members of the
bargainiong wait and shall recognize the right of the Iotematanal Union — LAW, Local 2322 to
represent employees in the settlement of gricvances,

Date: 4f 1/22 iz {loca Aeceegy

Karina 4, Lanue, Exg. a
Staff Counsel Hearing Oficer

Risiibulion: Kevin Boutin, Business Agant
Larry Budreau, Human Resources Director

ho

APPENDIX B

UNION MEMBERSHIP AND UNION DUES OR AGENCY FEES FORM

MEMBERSHIP APPLICATION
please print (last name) (first name) (middle initial) j
}
(street address) (ety) (state) Gp) |
|
(home phone) (email) ]
— = |
(employer) (job title) |
f f |
(work site/department) (hire date) . |

I hereby accept membership in UAW Local 2322 and authorize UAW Local 2322, its agents or
Tepresentatives, to act for me as my exclusive representative in collective bargaining on all matters
pertaining to wages, hours of work, working conditions and other conditions of employment. I also
agree to abide by all rules, regulations and constitutional provisions established by Local 2322 and
the UAW.

fi

Signature __ ape pee ae a ee fone
(Please sign on line above) (date)

G& PLEASE FILL OUT & SIGN BOTH SECTIONS BEFORE RETURNING

ORIZATION FOR UES

Thereby assign the UAW Local Union 2322 from any wages eamed or to be eamed by me such
sums as the Financial Officer of said Local 2322 may certify as due and owing from me as
membership dues, including an initiation fee and monthly dues in such sum as may be established
from time to time as union dues in accordance with the Constitution of the International Union,
UAW.

T authorize and direct you to deduct such amounts from my pay and to remit same to the Union at
such times and in such manner as may be agreed upon between you and the Union any time while i
this authorization is in effect.

You WILL NOT pay union dues until your shop's first contract has been negotiated and
ratified.

This authorization may be revoked by me as of the expiration or anniversary date of the collective
bargaining agreement covering my employment. To effect such a revocation, written notice, signed
by me, must be received by my Employer and the Union by registered mail not more than sixty
(60) days and not less than fifty (50) days before the contract anniversary/expiration date.

Sigmature ee ee i ae ae ae
(Please sign on lint above) {date}
Were you ever previously a member of the UAW? No Yes, Ifyes: I was a member |

of UAW Local # while loyed at:

Mail card to: UAH Local 2322 ~ 4 Open Square Way, Suite 406 ~ Holyake, MA 01040
(or give to your shap steward or Union Representative) &

APPENDIX C

GRIEVANCE FORM

LOCAL 2232 UNITED AUTO WORKERS

GRIEVANCE NUMBER: DATE OF FILING:
(MONTH DAY YEAR -INCIDENT#)

GRIEVANCE STEP1 STEP 2 STEP 3 OTHER
EMPLOYER RESPONSE DUE: Received by:

(Date) (Emp loy er Rep resentative)
TO:

(Name, Title of EMPLOYER Rep resentative)

OF:
(Employ er)
FROM:
(Name, Title of Union Rep resentative)
GRIEVANT(S):
DATE OF OCCURRENCE:

VIOLATION: The employ er violated the collective bargaining agreement including, but not
limited to Article(s)

ST ATEMENT OF GRIEVANCE:

REMEDY REQUESTED: The employer should make whole the grievant(s) in every way , including:

SIGNED:

(Union Representative) (Grievant(s) — optional)