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ARTICLE 1 - PREAMBLE

Pursuant to New Hampshire RSA 273-A, and other applicable laws and statutes, this Agreement
has been entered into by the City of Nashua and the Nashua Board of Police Commissioners,
hereinafter referred to as the "City" and the "Commission," and the Communications Division
employees of the Nashua Police Department as listed under the current PELRB Certification of
Representative, hereinafter referred to as the "Union." Both parties agree to be bound by the
provisions of this Agreement.

NOTE: All references herein to the masculine gender shall be construed to include the
feminine, and all singular to include the plural.

ARTICLE 2 - RECOGNITION

As defined in Article 1 above, the City and the Commission recognize, in accordance with RSA
273-A only, the Nashua Police Communication Employees N.E.P.B.A. Local 125, I.U.P.A., AFL-
CIO Union as the sole and exclusive representative for the included Communications Division
employees of the Nashua Police Department, excluding probationary employees as defined in
Article 3 of this contract, for the purposes of collective bargaining with respect to wages, hours,
and other terms and conditions of employment without interfering with public control of
governmental functions.

ARTICLE 3 - DEFINITIONS

A. COMMISSION: The Nashua Board of Police Commissioners.

B. CHIEF: Chief of Police of the Nashua, New Hampshire, Police Department.

C. DEPARTMENT: The Nashua, New Hampshire, Police Department.

D. CITY OF NASHUA: The City of Nashua, New Hampshire.

E. EMPLOYEE: As identified on State of NH, Public Employees Labor Relations
Board's Certification of Representative form in accordance with RSA 273-A.

F. GRIEVANCE: A written complaint signed by one or more employees and the
Union, or the Commission or Department which alleges a_ violation,
misinterpretation or misapplication of any grievable provision of this Agreement.

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

H. MANAGEMENT: The Nashua Board of Police Commissioners, the Chief of
Police, the Deputy Chief of Operations, Services Bureau Commanders, or their
designee.

I. PARTIES: The City/the Commission; the Union.

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

K. UNION: Nashua Police Communication Employees N.E.P.B.A. Local 125,

1.U.P.A., AFL-CIO Union.

L. PROBATIONARY EMPLOYEE: An employee who has been hired, recently
promoted, or transferred and serving a one-year probationary period.

M. ESSENTIAL EMPLOYEE/PERSONNEL: An employee that is essential to
maintain the 24-hour operations of the Nashua Police Department as determined
by the Chief of Police or designee.

N. NON-ESSENTIAL EMPLOYEE/PERSONNEL: An employee that is not usually
essential to maintain the 24-hour operations of the Nashua Police Department as
determined by the Chief of Police or designee; however, this condition may
change due to emergencies that could occur.

O. REGULAR EMPLOYEE: A full-time employee that has completed a probationary
period.
P. ADMINISTRATIVE BUREAU: A bureau within the Nashua Police Department

responsible for the compensation of Department employees.

Q. DOMESTIC PARTNER: Is defined as an individual who had a long-term
relationship with an employee; who was living in the same household as the
employee at the time of death; and with whom the employee had intent to remain
in a long-term relationship.

ARTICLE 4 - STABILITY OF AGREEMENT

No amendment to, modification of, or change in, the terms or provisions of this Agreement shall
bind the City and the Commission or the Union unless made and executed in writing and signed
by an authorized representative of each party.

ARTICLE 5 - OPEN SHOP

Membership in the Union is not compulsory. Employees may join or not, maintain, or resign
membership in the Union at their sole discretion. Nothing in this Agreement shall be construed to
require that any employee of the Department join the Union as a condition of being hired or
retained in employment.

Neither the Union nor the Commission shall discriminate in favor of, or against, any employee by
reason of membership or non-membership in the Union.

The wages and benefits provided under this Agreement shall apply to all employees.

ARTICLE 6 - DEDUCTION OF DUES

An employee, who is or who may become a member of the Union, may execute a written
authorization providing that a portion of his wages representing monthly dues be withheld weekly
and forwarded to the Union. Upon receiving a properly executed Authorization Form from an
employee, the Commission or appropriate designee shall notify the Chief Financial officer or
appropriate designee to deduct from wages due, the amount authorized.

Each month, a check for the amount of all dues deducted, along with a current list of members
from whose wages dues deductions have been made, shall be transmitted to the
Secretary/Treasurer of the Union as follows: New England P.B.A. Corporate Office, 227

Chelmsford Street, Chelmsford, Massachusetts 01824. The deduction shall be only in the
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 wages 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 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 wages in any pay period. Neither the Commission nor the
City of Nashua shall 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:

Termination of employment;

Transfer out of the bargaining unit;

Lay-off or reduction in force;

Revocation by the employee of Dues Authorization.

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

ARTICLE 7 - EMPLOYEE RIGHTS

It is agreed that the City, the Commission, and the Department will not:

A. Dominate or interfere in the formation or administration of the Union;

B. 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;

C. 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;

D. Restrain, coerce, or otherwise interfere with the Union in the exercise of this
Agreement;

E. Refuse to negotiate in good faith with the exclusive representative of a

bargaining unit, including the failure to submit to the legislative body any cost
item agreed upon in negotiations;

F. Invoke a lockout;
G. Fail to comply with RSA 273-A or any rule adopted under the Chapter;
H. To breach a collective bargaining 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 an agreement

entered into by the public employer making or adopting such law, regulation, or
rule.

ARTICLE 8 - MANAGEMENT RIGHTS

It shall be a prohibited practice for the Union to:

A.

F.

G.

Restrain, coerce or otherwise interfere with public employees in the exercise of
their rights under RSA 273-A;

Restrain, coerce or otherwise interfere with employers in their selection of agents
to represent them in collective bargaining negotiations or the settlement of
grievances;

Cause or attempt to cause an employer to discriminate against an employee in
violation of RSA 2783-C:6, | (c), or to discriminate against any employee whose
membership in an employee organization has been denied or terminated for
reasons other than failure to pay membership dues;

Refuse to negotiate in good faith with the employer;

Engage in a strike or other form of job action during the term of the existing
agreement;

Breach a collective bargaining agreement;

Fail to comply with RSA 273-A or any rule adopted thereunder.

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.

B.

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-Ail, 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. The designated representatives
of the Union shall be given a reasonable opportunity to meet with the Commission or its
representatives during working hours unless any of the below conditions exist.

No essential employee shall attend negotiating meetings who is normally scheduled for duty
during the time the meeting is being held unless approved previously by the Division Supervisor
or designee and coverage is available without causing overtime to the Department.
Representatives attending collective bargaining meetings shall attend without loss of pay (if
normal work time) and without overtime compensation (if not scheduled to work during the time of
the negotiation meeting).

The Commission agrees to make arrangements for and assume the cost of printing this
Agreement. The Union agrees to provide a copy of the Agreement to each employee it
represents.

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 off duty. Such persons shall 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
the employee's immediate supervisor within seven (7) calendar days of its occurrence. The
supervisor will reply in writing to the grievant within seven (7) 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
Services Bureau Commander or his designee within seven (7) calendar days after the reply in
STEP 1. The Services Bureau Commander or his designee will reply in writing to the grievant
within seven (7) calendar days after the grievance is presented in writing. If the grievance is
directed at the Services Bureau Commander or his designee, then the grievance may be started
at STEP 3.

STEP 3. Failing a settlement at STEP 2, the grievant may present the grievance to the Deputy
Chief in writing within seven (7) calendar days after the reply in STEP 2. The Deputy Chief will
reply in writing to the grievant within seven (7) calendar days after the grievance is presented. If
the Deputy Chief is unavailable for a response, the grievance will go to the next step, STEP 4. If
the grievance is directed at the Deputy Chief, then the grievance may be started at STEP 4.

STEP 4. Failing a settlement at STEP 3, the grievant may present the grievance to the Chief in
writing within ten (10) calendar days after the reply in STEP 3. The grievant will specify the
following:

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The nature and facts pertaining to the grievance;

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

D. The basis for dissatisfaction with STEPS 1, 2, and 3;
E. The remedy that is desired;

F. The signature of the grievant.

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 5. Failing a settlement at STEP 4, the grievant may present the grievance to the
Commission in writing within ten (10) calendar days after the reply in STEP 4. The grievant will
provide the same information as in STEP 4. 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 6. Failing a settlement at STEP 5, the grievant may present the grievance in writing to the
union within thirty (30) working days after the reply in STEP 5. 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) working days after receiving the grievance from the grievant. Expenses incurred under
STEP 6 will be paid equally by each party.

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 - GRIEVANCES AGAINST THE UNION AND/OR MEMBER

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) working days after the grievance is presented. Failing a
settlement between the Commission or its designates and the Union, the grievance may be
presented to the Public Employees Labor Relations Board or the Hillsborough County Superior
Court within sixty (60) working days after the reply. Expenses incurred under SECTION C will be
paid equally by each party.

SECTION D - GENERAL PROVISIONS

Each grievance will be separately processed under the Grievance Procedure.

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.

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

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

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.

During any step involved in the grievance procedure, the grievant, union representatives, or
witnesses for the grievant, shall not be paid overtime for time spent during off-duty hours.

SECTION E.

No party action under STEP 6 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. The Department does not have binding arbitration.

ARTICLE 13 — VACATIONS
SECTION I - GENERAL POLICIES

For purposes of this article, full-time employees averaging 37% hours a week will be considered
40-hour-a-week employees. Accruals and deductions will be based on eight (8) hour days.

The full-time (averages 371 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 at least fifteen (15) calendar days, beginning the first 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, Communications Division
personnel will still receive an additional eight hours of holiday pay.

Transfers from Another City Bargaining Unit: If an employee transfers from another City
Bargaining Unit (outside of the Department) 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.

Loss of Accrued Vacation Time: If a probationary employee resigns, is laid-off, or is
discharged any time before completing six (6) months of continuous service, he shall lose all
accrued vacation time. During an unpaid leave of absence, an employee does not earn any
vacation time. If an employee's vacation balance exceeds twice the amount of vacation he would
earn in a year, the employee will lose any days beyond this amount.

Payment of Accrued Vacation Pay: 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.
All accrued vacation time shall be paid in a lump sum to the Employee’s Estate, if death occurs
while employed by the Nashua Police Department.

Requesting Use of Vacation Time:

1. Probationary Personnel: Because of the importance of the Field Training
Program for new personnel, employees must complete (4) four months of
continuous service before taking any accrued vacation time.

2. Approval of Vacation:

A.

Employees will have the appropriate time accrued before use of vacation
time is approved, except as provided in paragraphs "B" and "C" listed
below.

An employee may be allowed to take vacation time if it has not yet been
accrued if authorized by the Chief of Police, a Deputy Chief, or the
Bureau Commander, but limited to a total of 49-80hours (S-10days) for
full-time employees. However, approval of advanced time will be denied
if the employee is not able to earn sufficient vacation time to offset the
advanced time before the end of the calendar year.

In accepting the use of unaccrued vacation time in advance, the
employee agrees to pay back the time through accrued vacation time.
Should the employee retire or resign prior to accruing the fronted
vacation time, the employee authorizes the City of Nashua to deduct any
compensation time they owe to the City from their final paycheck and/or
severance pay.

Once advanced vacation is approved, no additional vacation days will be
approved until the advanced time is earned.

3. Vacation block week requests will be defined as one calendar week and will run
from Saturday to Friday. Block weeks take precedence over personal days and
individual vacation days.

A.

Block weeks will be chosen by seniority each January 1 of every year.
Once a member is advised by a supervisor that it is his turn to pick, the
member will have 3 days from the date advised to submit the vacation
week request. Members not choosing vacation block weeks during the
3-day limit will result in their choices being bypassed by the next senior
member selecting. Once a block week has been selected and approved,
the approval is final.

Block weeks requested at a later date for less senior employees on a
particular shift shall have their vacation request for block weeks and
individual vacation days signed off by all senior employees on the shift
before submitting same to the Services Bureau Commander or designee
for initial approval. If a senior employee refuses to sign off on a vacation
week, the senior employee shall sign and state refused, with the time
and date on the form. The vacation request shall be turned in at that
time. If the senior employee does not request that vacation week within

1 week from the submittal, the block week shall be approved for the
junior employee.

C. Employees cannot take more than two (2) consecutive work weeks off at
any one time, except as approved by the Chief of Police or Deputy Chief
of Operations; said time shall not include any combinations of personal
days and swaps, etc., beyond two (2) additional days.

Employees are allowed to use one day of vacation at a time only upon approval
of their Services Bureau Commander or designee. Individual vacation days take
precedence over personal days.

In written form, the employee is to request the use of vacation time at least two
(2) weeks prior to the date of use, unless waived by the Chief of Police or
designee.

One Communications Division employee per shift, per side (Communications
Technician I's and Communications Technician Il’s_ represents the
Communications side and the Dispatcher and Shift Leader represent the
Dispatch side) is approved to be on a block week vacation at any one time. The
Services Bureau Commander or designee may authorize an additional
Communications Division employee to be on a block week vacation if conditions
(potential workloads, manpower requirements, etc.), allow approval.

Potential workloads or manpower requirements are considerations of a
supervisor before initially approving a block week, other than the two guaranteed
block weeks as described in paragraph #6 above, or individual vacation day
usage.

The approval of vacations is subject to the Grievance Procedure through Step 3,
Deputy Chief of Operations level, at which point, the decision shall be final and
binding upon the parties.

Final Approval of Vacation Time:

1.

Before final approval by the employee’s supervisor, the accrual of the necessary
vacation time needed must be verified by the appropriate personnel in the
Administrative Bureau.

A. The appropriate form will be completed by the supervisor or employee,
and forwarded to the appropriate Administrative Bureau personnel.

B. After approval, the form will be sent back to the employee’s Services
Bureau Commander or designee and the employee will be notified.

If a conflict arises in the use of vacation time among employees, the Services
Bureau Commander or designee will resolve any conflict through the Department
seniority date.

Once a vacation is approved and the dates are to be changed or canceled by the
employee, the employee must reapply. The employee must complete the
appropriate form canceling the vacation and the entire process must be
reinitiated.

Recall of Vacation: The approved vacation block week or individual vacation day is subject to
recall by the Chief of Police or designee for any emergencies (crisis, disaster, or tragedy) that

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