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Article 13
Job Pos ting/Lay-Offs /Re call

Posting Policy:

A notice of position vacancy shall be communicated to all library employees. The notice of position
vacancy shall be posted on the City of Nashua’s online job site, distributed via email, and posted on
other websites normally used by the Library and City for recruitment to allow qualified eligible
employees to apply.

The notices will include information on job title, grade, salary/hourly, department, brief description
of the usual job content, and position qualifications.

Only internal applications will be reviewed for the first seven business days after a position vacancy
has been posted and all qualified internal candidates will be interviewed. If no suitable internal
candidate has been identified after this seven day internal period, applications from external
candidates will be reviewed. No external applicant will be considered until all qualified internal
candidates are interviewed. All internal applicants not selected for promotional positions shall be
notified of the decision in writing prior to the hiring of external applicants.

Selection of qualified candidate:

The Board, upon the recommendation of the Library Director, shall make the final decision when
filling the position. The best qualified candidate in the opinion of the Board shall be selected. The
guidelines for filling any open position are based upon the applicant's ability, qualifications,
experience and work performance. When qualifications between applicants are relatively equal,
seniority will be used to award the position.

Promotional Procedures:

A promotional employee shall have a performance evaluation completed at least once during the
probationary period. Should the employee's performance be unsatisfactory, or should the employee
find the job unsatisfactory anytime during the promotional probationary period, the employee shall
be entitled to return to the position from which promoted within ninety (90) days of the promotion,
unless this period is extended for an additional thirty (30) days by the Library Director.

Probationary Period:

The probationary period for all new hires will be at least ninety (90) calendar days and may be
extended by management in order to provide the employee additional time to be successful. In no
case will the probationary period be more than 180 days. For promotional employees, the
probationary period is ninety (90) calendar days, unless extended for an additional thirty (30) days
as set forth above.

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Rate of Pay:

Persons appointed to positions for the first time shall be paid an amount within the established range
for the position except that no new employee shall be paid more than a current employee in that
position with the same years of relevant experience and relevant education. Relevant education and
relevant prior job experience will be considered when determining where a newly appointed person
will be placed in the established pay range for a position. Whenever the Director recommends and
the Board approves payment of a new hire at a rate higher than a current employee in that grade, the
Board shall provide to the Union, in writing, the relevant experience and/or relevant education of
the new employee.

Lay-Off Provision:

The Library Board of Trustees reserves the right to institute a reduction in force as it deems
necessary to conduct its operations.

If the Board is contemplating a reduction in force or elimination of a position, the Board will notify
any employee to be laid off four (4) weeks before the proposed effective date of layoff. Such notice
will be in writing and will include the proposed time schedule and the reason for the proposed
reduction in force. Such written notice shall be provided to the Union president at the same time.

When making layoff decisions, qualification factors such as education and experience, job
performance and absenteeism will be considered. If management finds all factors to be reasonably
equal for the employees subject to layoff, then reverse seniority shall be utilized in making the
layoff decision.

Bumping Rights:

A full time employee shall be eligible to “bump” the least senior full-time employee in a position in
the grade for which they are qualified. A part-time employee shall be eligible to “bump” the least
senior part-time employee in a position and the grade for which they are qualified. If this is not
possible, the employee shall be eligible to bump the least senior employee in the grade below in a
position for which he/she is qualified, if any. An employee may bump the least senior person in any
lower paid grade for a position for which he/she is qualified. An employee who is displaced as a
result of an employee asserting bumping rights, shall be entitled to the same bumping procedures
outlined above. For an employee to be considered “qualified”, he/she shall meet the minimum
qualifications contained in the job description for the position. Employees bumping into a position
must be willing to work the hours required for the position.

Recall Provision:

Laid off employees shall be eligible for recall for a period of two (2) years from the date of layoff. A
laid off employee shall be given any position which he/she may be qualified during said period.
Recall will be by seniority providing the recalled employee is qualified for the open position. The
Board shall send notices of position vacancies to all employees eligible for recall to their last known
address. If an employee refuses a position twice within the two (2) year period, he/she shall be

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removed from the recall list. An employee who fails to exercise his/her bumping rights or refuses
recall shall still be considered laid-off and is entitled to collect all unused vacation and
compensatory time as well as sick leave provided for in Article 14.

Article 14
Paid Leaves

Paid leave time shall be deducted at a minimum of fifteen (15) minute increments for both salaried
and hourly employees. This shall in no way affect the employment status of salaried employees
who shall remain salaried. The number of hours of paid leave time to which full-time and part-time
employees are entitled are set forth below. The number of hours of personal, sick, and bereavement
leave time to which regular part-time employees are entitled shall be determined by the following
formula:

Regular scheduled weekly hours x number of hours to which a
40 hours full-time employee is entitled

Personal Leave:

Full-time employees shall be granted a maximum of four (4) days of personal leave with full pay
per year. Regular part-time employees shall be granted a maximum number of hours of personal
leave as determined by the above formula.

Two (2) days of personal leave shall be drawn from employees sick time account.

Personal leave shall not carry forward from year to year.

Upon retirement or death, but not termination or resignation, the employee or the employee’s estate
shall receive payment in full for any unused personal leave.

Sick Leave:

Every full-time employee is entitled to sick leave with full pay earned at the rate of eleven (11)
hours per month.

Every regular part-time employee is entitled to sick leave with pay as determined by the above
formula.

There is no maximum accrual of sick leave effective July 1, 2001.

Sick Leave shall be used only for illness, injury, medical or dental appointments, or accident of
employee, employee’s spouse, employee's domestic partner, parent or children.

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Management may require a doctor’s statement on employee’s condition after three (3) days of
absence, if desired.

Employees terminating employment because of illness may remain on full salary for the period of
accrued sick leave. However said employees may opt to take a lump sum payment of one-half (1/2)
their accrued sick leave calculated at the rate of pay in effect on their last day of employment.

Upon retirement or death, but not termination or resignation, the employees or the employee’s estate
shall receive payment for the balance of sick leave accrued in his/her account in a lump sum
calculated at the rate of pay in effect on the day of retirement, as follows:

Employees hired after July 1, 2001 shall be entitled to payment for twenty-percent (20%) of all
unused sick leave.

Employees hired on or before July 1, 2001 shall be entitled to payment for one hundred percent
(100%) of unused sick leave up to the amount accrued as of June 30, 2001, but not to exceed sixty
(60) days, plus twenty-percent (20%) of all sick leave accrued thereafter.

Sick leave may be transferred from city departments to the library when changing jobs, up to the
amount of the maximum accrual set forth above.

In the event of a lay-off, employees with five (5) or more years of continuous employment with the
Library shall receive payment for the balance of sick leave accrued in his/her account in a lump sum

calculated at the rate of pay in effect on the last day of employment, as follows:

Employees hired after July 1, 2001 shall be entitled to payment for twenty-percent (20%) of all
unused sick leave.

Employees hired on or before July 1, 2001 shall be entitled to payment for one hundred percent
(100%) of unused sick leave up to the amount accrued as of June 30, 2001, but not to exceed sixty

(60) days, plus twenty-percent (20%) of all sick leave accrued thereafter.

An employee who has been laid-off and has refused work or declined to bump another employee
shall be entitled to the aforementioned sick leave payment.

Bereavement Leave:

Full-time employees shall be entitled to up to twenty-four (24) hours of paid bereavement leave per
occurrence.

Regular part-time employees shall be entitled to paid bereavement leave per occurrence as
determined by the above formula.

Death in the employee's immediate family only is covered. The leave may extend from the time of
notification of death to and including the day following burial, but not more than three (3) days.

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When unusual conditions exist, this period may be extended at the discretion of the Library Director
or designee.

The immediate family includes the employee's domestic partner, spouse, children (including fetuses,
miscarriages and _ still-births), parents, brothers, sisters, grandparents, grandchildren, son or
daughter-in-law, mother-in-law, father-in-law and step children.

For full-time and regular part-time employees, an allowance for the day of the funeral may be made
for any other blood or maritally related relative with the prior approval of the Library Director.
When unusual circumstances exist, this period may be extended at the discretion of the Library
Director or designee.

Holiday Leave:

All full-ttme and regular part-time employees covered under this agreement shall receive as holiday
pay, straight time wages for his/her regularly scheduled hours (not to exceed 8 hours). In order to
qualify for pay on an unworked holiday, an employee must be on payroll on both the last scheduled
work day prior to the day the holiday is observed and the first scheduled work day subsequent to the
day on which the holiday is observed. They shall not usually be required to work on the following
holidays, plus any other holidays as the Board of Library Trustees shall determine from time to
time.

New Year's Day

President's Day

Civil Rights Day

Memorial Day (Fed)

Independence Day

Labor Day

Veteran's Day

Thanksgiving Day

Day after Thanksgiving Day

Christmas Day

Two (2) Floating Holidays (to be used between July 1* and June 30")

Floating holidays shall be awarded as follows during an employee’s first contract year of hire:
Employees hired prior to October 1“ shall receive two (2) floating holidays;
Employees hired from October 1% through December 31“ shall receive one (1)
floating holiday; and,

Employees hired January 1“ through June 30" shall receive no floating holidays.

Employees shall receive two (2) floating holidays for each subsequent contract year.

When a holiday falls on a Saturday, the holiday will be observed on the preceding Friday. When a
holiday falls on a Sunday, the holiday will be observed on the following Monday.

Employees working on Christmas Eve Day shall not be required to work later than 5:30 p.m.

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When a holiday falls on an employee's day off, the employee shall be given another day off during
the same pay period.

If an employee works on one of the above-referenced holidays, the employee shall be compensated
as follows:

The employee shall receive two times straight time pay for the hours worked.

Floating holidays are granted with seniority as a deciding factor when two or more employees
request the same day off and there is a scheduling conflict.

Employees taking a floating holiday shall not be entitled to any pay or leave adjustment should the
Trustees close the library for any part of that day.

Vacation Leave:

The Board encourages the reasonable use of vacation by employees in order to foster their health
and wellbeing.

All employees shall be entitled to vacation according to the following schedules:
Full Time Employees:

After one year of service 80 hours (40 hours may be taken after 6 months if
approved by the Library Director or designee)

After five years of service 120 hours
After ten years of service 160 hours
After twenty years of service 200 hours

Regular Part-Time Employees:

After one year of service 80 hours multiplied by the ratio the employee’s
regular weekly scheduled hours are to forty (40)
hours.

After five years of service 120 hours multiplied by the above ratio.

After ten years of service 160 hours multiplied by the above ratio

After twenty years of service 200 hours multiplied by the above ratio

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Vacation time must be requested using the city’s time keeping software and approved by the
supervisor and Library Director in advance of his/her vacation to allow for proper scheduling of
personnel.

Vacations that exceed three consecutive weeks at one time must have advance written approval of
the Library Director.

Vacations are granted with seniority as the deciding factor when two or more employees request the
same time period off and there is a scheduling conflict. Vacation requests shall be submitted no
later than two (2) months prior to the first date of the planned vacation if the seniority provision is to

apply.

When an employee leaves the Nashua Library service for any reason, he/she is entitled to receive
payment for the balance of his/her vacation account accrued up to the date of termination. Vacation
leave may be transferred from City departments to the Library when changing jobs up to the amount
of the maximum accrual set forth above.

Maximum Accrual:

Unused vacation leave may be retained from year to year and vacation leave shall continue to
accrue as provided herein up to a balance equal to two times the amount of vacation leave to which
the employee is annually entitled. No vacation leave shall accrue beyond that limit, and any such
time not accrued shall be forfeited.

Employees at or over the maximum accrual as of July 1, 2001 shall not lose any accumulated
vacation time and will be given the opportunity to use any accumulated vacation time over the
maximum accrual. No employee will lose any accumulated vacation as the result of denial of a
pending application for vacation.

Conversion from days to hours

If necessary, days shall be converted to hours based on the following formula.

Full-time employees accrued paid leave days multiplied by eight (8)

Regular part-time employees accrued paid leave days multiplied by eight (8)
multiplied by the ratio of the employees regularly
scheduled weekly hours to forty (40).

Sick and vacation leave of employees transferring to the Library from other city departments shall
be done pursuant to the above formula.

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Article 14A
Sick Leave Bank

A. A sick leave bank shall be maintained in accordance with this article for participating
members who have exhausted their individual accrued sick leave as a result of a serious
extended illness or incapacitating accident.

B. Contributions must be made within fifteen (15) calendar days from July 1 until the bank
reaches nine hundred and sixty (960) hours. In order to join, contributions of one regularly
scheduled day may be made by new hires within 90 days of their date of hire. Employees
who have not previously contributed may do so during an annual open enrollment period to
be determined by the Union. Contributions may also be made when a call for replenishment
is made up to a maximum of ten (10) days per employee or call. Any employee retiring,
resigning or terminating cannot contribute their balance of sick leave time. All contributions
shall be voluntary.

C. A call for replenishment shall be made at any point in time when the balance of days in the
bank falls below nine hundred and sixty (960) hours.

D. The operation of the bank and withdrawals from it shall be governed by a committee of two
(2) members selected by the union and two (2) members selected by the Library Director.
The rules and operating procedures to administer the bank are contained in Appendix C.
Any changes to the operational rules shall be approved by the Board and the Union. In
considering requests for withdrawal from the bank, the committee may require
substantiating medical documents, and in all cases, the decision(s) rendered by the
committee shall be final and binding. A decision to grant benefits under this article must be
unanimous. No decision of the committee shall be subject to the grievance procedure.

E. A participating member may withdraw sick days from the bank only after 1) exhausting
his/her accrued sick leave; and 2) receiving the approval of the committee. Withdrawals
shall be retroactive to the first working day following the exhaustion of accrued sick leave.

Article 15
Unpaid Leave

A request for a leave of absence without pay must be submitted in writing to the Library Director.
Leaves up to one month may be granted by the Library Director; all leaves requested exceeding one
month, accompanied by the recommendation of the Library Director, must be submitted for
approval to the Board.

The Board, upon the recommendation of the Library Director, and in its sole discretion, may grant a
maximum of six months leave of absence without pay for personal reasons to any employee.

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During an unpaid leave of absence, the Board shall continue to pay its portion of health, dental and
life insurance premiums for up to 120 days. Employees who are on such leave shall continue to
pay their portion of the premiums during that period, and thereafter shall pay one hundred percent
(100%) of the cost to continue coverage.

Payment of group insurance premiums during an unpaid leave of absence must be arranged in
advance with the Human Resource and Insurance Department of the City of Nashua.

Article 16
Family and Medical Leave Act

The Board shall approve leave in accordance with the provisions of the Family and Medical Leave
Act of 1993; however, any such leave shall be taken on a paid leave basis pursuant to the provisions
of Article 14A of this Agreement first, with any remaining leave to be taken on an unpaid basis
pursuant to the provisions of Article 15 of this Agreement. Family And Medical Leave Act leave
shall not exceed three (3) months in any twelve-month period.

Article 17
Jury Duty Pay

All employees covered under this agreement who are required to serve as a juror or are subpoenaed
for court appearances are granted leave with pay, less the compensation received for such service.

Article 18
Workers' Compensation

Workers' compensation shall be provided by the Board with coverage as specified in legislation of
the State of New Hampshire.

In the event an employee is injured on the job and is collecting workers’ compensation, the Board
agrees to:

1. continue to accumulate all benefits during the period in which the employee is out
on Workers’ Compensation, up to six (6) months from the date of injury.

An employee injured while on the job and absent because of such injury shall be paid by the Board
for the full day which the injury occurred.

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Article 19
Tuition Reimbursement

Required Programs:

The Board will grant employees time with pay to attend job related seminars, workshops, courses
and conferences that it requires an employee to attend.

The Board will reimburse at 100% the cost of tuition and or fees of said required job related
seminars, workshops, courses and conferences plus any other directly related costs such as travel,
lodging, meals, or other necessary expenses that are incurred.

Requested by Employee:

The Board may, at its discretion, grant time with pay to attend job related seminars, workshops,
courses, and conferences that an employee wishes to attend. Upon request by the employee, the
Board may, at its discretion, pay any or all of the following: tuition and/or fees, travel, lodging,
meals or any other necessary expense.

Any such seminars, workshops, courses and conferences shall be approved in writing in advance by
the Library Director or designee, in his/her discretion, and subject to available funding, as may be
determined by the Library Director.

Degree Program:

The Board encourages all employees to pursue a degree at an accredited college/university
approved by the Board when said degree is a requirement or is relevant for job advancement. The
Board shall budget a sum of five thousand dollars ($5,000) per fiscal year of this agreement for
degree program reimbursement.

If the Board so determines, reimbursement is as follows:

Up to fifty percent (50%) of tuition costs will be reimbursed subject to availability of funds and
number of employees requesting reimbursement. An employee shall be eligible for no more than
$1,500 per contract year in reimbursements, unless unencumbered funds remain as of June 1, in
which case an employee may reapply for up to an additional $1,500. Outside grants and
scholarships covering less than fifty percent (50%) of tuition shall not be considered.

Students enrolled in a degree program must achieve a "B" or better in a graduate level course to be
reimbursed, a "B-" or better in an undergraduate course.

Full-time employees actively pursuing an approved Master's degree on a more than occasional

course basis, as determined by the Library Director, shall be granted up to five hours off with pay
each week for class attendance and preparation.

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