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Union recognizes and agrees that the right to plan, direct and control the City's
business, methods, operations and working force; to hire, promote, transfer and
temporarily assign bid positions for absences in excess of 45 days, and lay off
employees, to grant leave, and lawfully and for just and proper cause, to demote,
discipline, suspend or discharge employees; and the right to determine the hours
and schedules of work and the work tasks and standards of performance for
employees, is vested exclusively in the City. The foregoing shall not be taken,
however, as a limitation upon the rights of the Union to negotiate for working
conditions and represent the employees covered hereby in the procedures provided
in this agreement and nothing in this agreement shall be so interpreted as to change
any benefits now enjoyed by employees unless such change 1s specifically covered
in provisions of this agreement other than this Article 4.

Article 5 - CONFORMITY WITH LAWS, CHARTER AND RULES AND
REGULATIONS

Mindful of all existing New Hampshire laws, the City of Nashua Charter and
Ordinances provisions, rules and regulations of the Nashua Fire Department and
every other applicable law, all provisions of this agreement shall be subject to and
consistent with such laws and regulations promulgated thereunder by the Board of
Fire Commissioners. The Union will be informed of any new rules and regulations
to be applied after the signing of this agreement and any such new rules and
regulations shall not be in conflict with or supersede any other provisions of this
agreement. The City of Nashua and the Board of Fire Commissioners agree not to
make any law or regulation or to adopt rules relative to the terms and conditions of
employment that would invalidate any portion of this agreement.

Article 6 - INDEMNIFICATION

The City will maintain in effect for the life of this agreement and will have all Fire
Department personnel named as insureds thereunder, the public liability insurance
in force on the effective date of this agreement, provided, however, that if the City
is unable to procure and maintain such insurance, it will indemnify the members of
the bargaining unit in the same manner and to the same extent as the City's present
insurance coverage now provides.

Article 7 - UNION BUSINESS

A. A grievant and one representative shall each be allowed one (1) hour
(without loss of pay if either or both are on duty) during duty hours to process
grievances at steps 1, 2 and 3 of Article 19.

B. The Union President, Vice President, Secretary-Treasurer, Steward-at-
Large and stewards shall each be allowed one duty shift per month to attend to
Union functions, provided they comply with Article 24, section C.

The President of the Union, or designee, shall be granted a total of up
to eight (8) duty shifts of paid leave annually for the purpose of Union business,
provided the Chief is given at least five (5) days’ notice prior to the leave
occurring.

C. — All personnel shall have such additional rights, if any, as are granted
them under New Hampshire Revised Statutes Annotated Chapter 273-A (RSA
273-A).

D. Any officer of the Union who is required to attend a Union function or
perform other duties on behalf of the Union necessitating a leave of absence shall
apply in writing to the Chief and the Board of Fire Commissioners and may be
granted such leave without pay when in the opinion of the Chief it will not affect
the effective operation of the Fire Department. In the event an officer of the Union
is granted leave, he/she shall be required to provide a replacement who is qualified
in the opinion of the Chief or designee.

Article 8-— NEGOTIATIONS

All contract negotiations will be conducted by the Local #789 Executive
Committee with the Mayor and Board of Fire Commissioners, the Chief of the
Department and any other duly authorized personnel.

Article 9 - DISCIPLINARY PROCEDURES

A. It is agreed that the City has the right to discipline or discharge
employees for just cause. Discipline shall be corrective in its nature and
progressive in its severity. Disciplinary actions shall normally follow the order
below:

Verbal warning
Written warning
Suspension without pay
Discharge

eYN>

The City may deviate from the order above when the occasion or
severity of the offense warrants. In the event of suspension, demotion, or
discharge, or any other disciplinary action the reasons for the action taken will be
given in writing to the employee and the Union within 24 hours.

B. It is specifically agreed that any employee may be discharged for
reporting to work under the influence of intoxicating liquor or illegal substances,
becoming under the influence of intoxicating liquor or illegal substances while on
the job, or offenses involving moral turpitude. A sobriety test and/or the
appropriate testing for substance abuse is mandatory and any employee who
refuses such test(s) may be discharged at the option of the Department.

If any invasive test: blood, urine, breath or other test is used, a split
sample will be provided and the complete test results, procedures and chain of
custody will be made available to the Union and the employee within twenty-four
(24) hours of receipt.

C. Any employee disciplined or discharged shall, except in cases
involving conviction of a felony during the term of this agreement, be entitled to
the provisions of the Grievance Procedure under Article 19, and will be allowed a
representative of his or her choosing. If requested in writing by the employee, a
hearing must be held by the Fire Commission within seven (7) calendar days of the
disciplinary action or discharge.

D. — Provided that the employee has had no recurrence of discipline within
the specified period, verbal warnings will be removed from the verbal warning file
after six (6) months, and written warnings will be removed from the employee's
personnel file after twelve (12) months upon the employee’s written request.
Records pertaining to suspension shall be removed from the employee’s personnel
file after sixty (60) months upon the employee’s written request. The parties agree
that the warnings as well as the employee’s request shall be removed from the file
and returned to the employee within thirty (30) days of the request. The prior
unexpired discipline is carried during the period of any subsequent equal or greater
discipline.

A regular full-time employee (averaging 37 2 hours a week) may use (6) days of sick leave
during a calendar year for personal leave. Up to two (2) personal days can be taken
consecutively providing it does not cause overtime.

All additional and new benefits under this Section shall commence effective July 1, 2017, and
after this Agreement has received all required approvals. Prior to June 30, 2008, the benefits
contained under this Section in the parties’ prior collective bargaining agreement shall be in
effect.

Approval of Personal Leave: Personal days must be approved by the employee’s supervisor
not more than fifteen (15) days, nor less than five (5) days, prior to the date of such personal day,
except in an emergency and waived by the Services Bureau Commander or designee. If
approved, the appropriate form will be completed by the supervisor or employee. The form will
be forwarded to the Administration Bureau. Except in cases of emergency, the slip will be
approved/disapproved (pending the availability of personal days), and the employee will be
notified by the Services Bureau Commander or designee of its approval or disapproval.

Provisions: A personal day approval is subject to potential workloads, manpower requirements,
and any possibility of an emergency situation as determined by the Chief of Police or designee.
Once a personal day is approved and the date is to be changed or canceled by the employee, the
employee must reapply. The approved personal day is subject to recall by the Chief or designee
due to potential workloads, manpower requirements, and any emergencies that may arise.
Employees shall be paid time and one half of their regular rate of pay for a callback of a personal
day and granted an additional personal day which may be banked for future use during the
calendar year.

Disputes: Disputes concerning personal days shall follow the Grievance Procedure through
STEP 4, at which point, the decision shall be final and binding upon the parties.

ARTICLE 21 - EXCHANGE OF WORKDAYS (SWAPS)

For the purposes of this Article, the words "Exchange of Workdays" means "an eight (8) hour tour
of duty" for full-time employees averaging 37% hours or more a week and such exchange shall
be for each other's position's duties, unless otherwise approved by the Chief of Police or his
designee.

A. Exchanges of workdays are limited:

1. To individuals who hold the same position in a particular division/oureau
or have been cross-trained to adequately cover the other position as
determined and approved by their Services Bureau Commander or
designee; and

2. Have completed their training period as designated by the Services
Bureau Commander or designee.

B. All swaps must be approved in advance by the Services Bureau Commander or
designee. Denials of swaps are based on any policies contained within this
Article.

C. The number of swaps allowed shall be limited to ten per quarter. The employee

requesting a swap will have that swap counted against his/her quarterly limit.

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Swaps shall not interfere with normal operations, training, or cause the need to
hire overtime.

Written advanced notice signed by both employees involved in the exchange
must be given to the Chief or his designee four days prior to each exchange of
workday desired. (The four-day notice period may be waived at the discretion of
the Chief or his designee.)

All swaps will indicate a date to be paid back within a 6-month period and that
payback date shall not change.

Swaps may result in any employee working consecutive shifts or working a total
of 16 hours in one work day; however, the following policies apply:

1. The Services Bureau Commander or designee may deny a 16-hour shift
in one day; however, the reason for the denial shall be provided to the
employees involved in the swap. Said decision is subject to the
grievance procedure as specified below uncer this Article.

2. Following any 16-hour block worked an employee shall have at least 8
hours off duty.

If an employee involved in an exchange calls in sick on the exchange day, that
employee shall lose eight (8) hours of sick leave;

No additional swaps will be allowed for the original swap date;
An employee paying back a swap will be eligible to receive a personal day or

vacation day for the original swap date, but must follow the normal approval
process for the day off.

Disputes concerning Exchange of Workdays shall follow the Grievance Procedure through STEP
4, at which point the decision shall be final and binding upon the parties.

ARTICLE 22 - SHIFT EXCHANGES

For the purposes of this Article, the word "shift exchange" means, "a long-term swap of shifts
between employees." A “long-term swap” is defined as a specific period of time such as a week,

month, etc.

With prior approval and at the sole discretion of the Chief or his designee, employees may
exchange shifts if both employees involved agree; provided that:

A.

Written advanced notice signed by both employees involved, including the
reasons for the exchange, will be given to the Chief or his designee two (2)
weeks prior to each exchange of shift desired; however, the two- (2) week notice
period may be waived at the discretion of the Chief of Police or his designee.

Both employees have the same position or have been cross-trained to
adequately cover the other position as determined and approved by their
Services Bureau Commander or supervisor.

Both employees have completed their training period as determined by the
Services Bureau Commander or designee.

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D. No more than two (2) shift exchanges involving four (4) employees shall be

allowed at any one (1) time;

E. Both employees agree to swap day-off groups of each other and shall not be
eligible to receive compensatory time off due to the change of days off or to
receive overtime;

F. Employees may work two consecutive shifts in one work day; however, the
following policies apply:

1. The Services Bureau Commander or designee may deny a 16-hour shift
in one day; however the reason for the denial shall be provided to the
employees involved in the shift exchange. Said decision is subject to the
grievance procedure as specified below under this Article.

2. Following any 16-hour block worked an employee shall have at least 8

hours off duty.

Disputes concerning Shift Exchanges shall follow the Grievance Procedure through Step 4, at
which point the decision shall be final and binding upon the parties.

ARTICLE 23 — WAGES & TITLES
Averaging of Work Weeks:

1. All employees shall be paid the annual rate divided by 52 weeks, whether on a 4
& 2 Schedule or a 5 & 2 Schedule.

2. Employees on a 4 & 2 Schedule will have their weekly wages and hours
averaged. Therefore, employees on a 4 & 2 Schedule will be paid the same
weekly wage whether it is for a 40-hour or 32-hour week.

40-Hour/Week Employees: For purposes of accruals, deductions, and wages, employees on
either a 5 & 2 Schedule or a 4 & 2 Schedule shall be considered a 40-hour/week employee,
working 8-hour days. (Example: If an employee makes $20,000 a year, they will receive $384.62
a week or $ 9.6155 an hour.)

Shift Leaders: Shift Leader positions shall be available, one per shift, and current employees
may bid for the position of Shift Leader. Such positions shall be awarded based on evaluations,
training, experience, demonstrated capabilities, attendance, and seniority. Shift Leaders will
receive $3,000 above the employee’s current annual wage.

Completion of Probationary Period: At the successful completion of the probationary period,
the employee will receive the full wage of a non-probationary Communications Technician | or Il,
or Dispatcher

Moving Between Position Classifications:
1. From Communications Technician | to Communications Technician Il: Whena

Communications Technician | is transferred to the position of Communications
Technician Il, they will receive $5000 above the employee’s current annual wage.

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2. From Communications Technician | and Il to Dispatcher: Whena
Communications Technician (I or Il) is transferred to the position of Dispatcher,
Management can start the new
Dispatcher at a salary at or below an existing Dispatcher with similar time
employed as a Nashua Police Communications member.

3. From Dispatcher to Communications Technician | or Il: When Dispatchers are
transferred to the position of Communications Technician | or Il, the employee
will receive an annual wage comparable to an existing Communications
Technician | or Il with similar time employed as a Nashua Police
Communications member.

4. From Shift Leader to Dispatcher: When Shift Leaders are transferred to the
position of Dispatcher, the employee will no longer receive the $3000 wage
increase for Shift Leader.

Experienced Communications Division Personnel:

When new employees are hired, or existing employees transfer from one position to another
within Communications, for the positions of Communications Technician |, Communications
Technician Il, and Dispatcher and possess training and/or experience or a combination thereof,
Management reserves the right to start the new employee at a higher wage not to exceed $3000
over the probationary salary based on the actual or pertinent experience and/or training.
Management may start a new employee who possesses a significant amount of actual or
pertinent experience and/or training at a wage not to exceed $6000 with prior approval of the
Communications Union.

Employees who have been previously employed within the Communications Division of the
Nashua Police Department and are rehired into Communications, can be placed at the same

salary as a current employee with the same or less years of experience in that position, based on
the years they were previously assigned.

Wage Increases:

Only personnel currently employed by the Department shall be entitled to any retroactive
payments due under the terms of this Article.
e

Year 1 FY2020 2% increase with some employees receiving a 2.5%
increase with retroactive pay. Cite attached Restructuring pay-scale
chart for details.

Year 2 FY2021 Restructuring pay-scale

Year 3 FY2022 1% increase with some employees receiving a 2.25%
increase. Cite attached Restructuring pay-scale chart for details.

Year 4 FY2023 2% increase for all employees 2% increase for starting salaries

**Cite attached restructuring chart for all wage increase information.

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Position CURRENT %lIncr FY2020 FY2021 % Incr FY2022 %Incr FY2023
SALARY

DISPATCH _ _ _ _ _ _ _ _
Probation $ 37.264 2.00% $ 38,009 $ 49.000 1.00% $ 49490 2.00% $ 50,480
Probation $ 37,264 2.00% $ 38,009 $ 48.000 1.00% $ 48480 2.00% $ 49,450
Probation $ 37.264 2.00% $ 38,009 $ 49.000 1.00% $ 49490 2.00% $ 50,480
Probation $ 37.264 2.00% $ 38,009 $ 49.000 1.00% $ 49490 2.00% $ 50,480
_ $ 44,553 2.00% $ 42384 $ 52.000 1.00% $ 52520 2.00% $ 53.570
_ $ 43,232 2.00% $ 44.097 $ 53.040 1.00% $ 53.570 2.00% $ 54641
_ $ 54.551 2.50% $ 55915 $ 59842 2.25% $ 61,188 2.00% $ 62.412
_ $ 59.071 2.50% $ 60.548 $ 64,787 2.25% $ 66.245 2.00% $ 67,570
Vacant Probation ; _ $ 48.000 1.00% $ 49490 2.00% $ 50,480
Probation $ 32.295 2.00% $ 32,941 $ 38,000 1.00% $ 39390 2.00% $ 40178
Probation $ 32.295 2.00% $ 32,941 $ 38,000 1.00% $ 39390 2.00% $ 40178
_ $ 32.295 2.00% $ 32941 $ 39.000 1.00% $ 39390 2.00% $ 40,178
_ $ 37,468 2.00% $ 38217 $ 42500 1.00% $ 42925 2.00% $ 43.784
_ $ 38,982 2.00% $ 39,762 $ 45.000 1.00% $ 45450 2.00% $ 46,359
_ $ 39.761 2.00% $ 40556 $ 45.000 1.00% $ 45450 2.00% $ 46,359
_ $ 40.557 2.00% $ 41,368 $ 45.000 1.00% $ 45450 2.00% $ 46,359
_ $ 44.334 2.50% $ 45442 $ 48366 2.25% $ 49454 2.00% $ 50,443
_ $ 50.428 2.50% $ 51,689 $ 55,007 2.25% $ 56.244 2.00% $ 57,369
_ $ 51,431 2.50% $ 52.717 $ 56.075 2.25% $ 57.3387 2.00% $ 58.483
_ $ 53.497 2.50% $ 54834 $ 58324 2.25% $ 59.636 2.00% $ 60,829
Vacant Probation ; _ $ 38,000 1.00% $ 39390 2.00% $ 40,178

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ARTICLE 24 - WORK SCHEDULES

Schedules/Assignments:
Daily and weekly work schedules and shift assignments shall be based on the operating requirements and

budgetary allotments of the Department and are subject to change at any time. The following work schedule is
currently in effect:

4 & 2 Schedule: Four-Days On, Two Days Off, with assigned day off groups. The 4 & 2 Schedule has
employees working 32- and 40-hour workweeks.

The Department shall have the exclusive right to make the necessary changes and shall make every attempt to
notify affected employees in advance whenever possible. An individual employee's work schedule shall be
determined by the Chief of Police or designee. Employees shall report to work promptly at starting time and
devote their entire efforts to Department business during scheduled working hours.

The workweek shall consist of seven consecutive days, beginning Sunday through Saturday. Essential personnel
are assigned to report at specific times during a particular shift on a 24-hour period.

Attendance:

The effectiveness and efficiency of the Communications Division of the Nashua Police Department require that
employees report promptly for duty. Unapproved or unexcused absences or tardiness is unacceptable and will
result in appropriate disciplinary action.

Essential Personnel:

Essential personnel may be called in to provide coverage due to emergencies on their normal days off or to work
additional shifts. If ordered to do so, essential personnel shall report to work and shall receive overtime (time and
one-half rate) as outlined in the Article #25, "Overtime."

The Chief of Police or designee may change the above work schedules at any time.

ARTICLE 25 - OVERTIME

Employees on either a 5 & 2 Work Schedule or a 4 & 2 Work Schedule shall be paid the same annual wage as
outlined under Article 23 - "Wages & Titles."

Non-exempt, full-time employees (averaging 37 1/2 hours a week or more) will receive time and one-half their
regular rate of pay for all time worked beyond eight (8) hours in any day. All approved day off categories will be
considered “Time Worked” for the purpose of calculating overtime.

Overtime will be submitted during the week it was worked or no more than one (1) pay week (Sunday through
Saturday), after the date worked.

Called in from Home: If a non-exempt employee gets called in from home to work, he shall receive at least a 3-
hour minimum in overtime pay. If the 3-hour minimum overlaps with regular duty time, additional pay shall be only
for hours worked in excess of the regular duty schedule.

Seasonal Time Adjustments: In the Fall, when clocks are turned back one hour at 2:00 AM employees on that
shift shall be paid for actual hours worked (i.e. 8 hours regular, 1 hour overtime). In the Spring, when clocks are
advanced one hour at 2:00 AM employees on that shift shall be paid for a full shift (i.e., 8 hours regular).

Court Appearances/Depositions: For all job-related court appearances or depositions which employees are
required to attend, employees shall receive a minimum of three (8) hours pay at one and one-half time their
regular rate of pay, provided that if the 3-hour minimum overlaps with a scheduled tour of duty, overtime will be
paid only for those hours in court or at the deposition in excess of their scheduled tour of duty.

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ARTICLE 25A — LONGEVITY

For purposes of this article, the full-time, continuous cate of hire with the City of Nashua will be used for
computing length of service.

Beginning on July 1, 2017, full-time regular 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 nearest their anniversary date of hire with the
department. Part-time employees (work 34 hours or less a week), are not eligible for longevity payments.

5th through 9th anniversaries $ 300.00
10th through 14th anniversaries $ 500.00
15th through 19th anniversaries $ 700.00
20th anniversary and thereafter $ 1,000.00

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

1. If 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.

Longevity payments received by employees shall be added to their total annual wages for computation of
overtime rates and paid in accordance with the Fair Labor Standards Act.

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 26 - LUNCH TIME & COFFEE BREAKS

Lunch Periods:
Employees will be given a twenty-minute lunch break (with pay}. Employees may be called back from lunch
breaks due to emergencies. The Services Bureau Commander or designee will allow an additional lunch break to
be taken if conditions allow this to occur.
Breaks: Employees may be allowed up to two (2) 15-minute breaks if conditions allow.
1. One break may be taken in the work periods before and one after the lunch break period as the
work schedule allows; however, at no time will a 15-minute break be directly added to the lunch
break period in order to increase the lunch break period.

2. All employees may be called back from a break due to emergencies.

3. The Services Bureau Commander or designee will allow an additional break to be taken if
conditions allow.

4. The availability of breaks will not change an employee's normal workday schedule.

ARTICLE 27 - COMPENSATORY TIME (TIME COMING)

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