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COLLECTIVE BARGAINING AGREEMENT
BETWEEN
NASHUA BOARD OF POLICE COMMISSIONERS
AND
UAMI PROFESSIOBLALERMPLOYEES-OF-NASHUA POLICE DEPARTMENT

UFPO Local 645 Professional Employees of the Nashua Police Department

duby-4,2015-—Jne 30,2018

July 1, 2018 — June 30, 20232023

Table of Contents

ARTICLE 1: PREAMBLE/AGREEMENT .......ccscsssssessssssssscscossssssvecsesseseesessessesssscssessssseeessessesssnssuasseeseeees 555
ARTICLE 2: RECOGNITION. .cscsssssssesssscscsssssssscssenssssssssscsscesssssssecseseesssssssossessenensnssssesestsssseuaseceesasensusesses 555
ARTICLE 3: DEFINITIONS. ....ccscoseccssccscccsscosecssssvssssessessscessenssssssssssssesseceeceeensnnannasusuecseseecenennenssnsuesssesseses 555
ARTICLE 4: STABILITY OF AGREEMENT.......esscsssssssssssssssessssssvspeesesssessosessessencansususeteessessnseseeseesasssnesss 666
ARTICLE 5: UNION MEMBERSHIP wessccscsscsscssssesssssssessssessessesssssssouesesssssssssscceeeseesnuneesereecssnssesseeesessssnessss 666
ARTICLE 6: UNION DUES...ssssssssscsssssesscscsscrcsssccessssressssusescusensssssecssesesesssssnseesesensansuseceteerssnunseeseseeseenssssss 7?
ARTICLE 7: EMPLOYEE RIGHTS vecssssescssssssossucesscsssssssessessccssessssusssessessessussesseecssssansasereeresransssseersenseserses 997
ARTICLE 8: MANAGEMENT RIGHTS .......ssssesscssssssssssssssssssssssssscssscensesasssvosessencessssensstssesssnseseessnessesseeses 998
ARTICLE 9: UNFAIR LABOR PRACTICES & STRIKES PROHIBITED ........cssssssssssssersssesersssessensess 40409
ARTICLE 10: COLLECTIVE BARGAINING MEETINGS AND CONTRACTS woesccccsssssessssescesssssseess 124940
DISTRIBUTION OF AGREEMENT TO EMPLOYEES .ssesssscssssscssssssecsscssssssscseccessansseeerseseaneserseree 124244
MEDICAL & HEALTH INSURANCE w.u.cssssssssssssssssscsscsssssssssscsssnsusssecesesssssessecesensssovessentenseaneasseeeete 262625
SHORT TERM DISABILITY c.scscsssssssssscovsssssesseotessssesssesessssessenesssssesssssosecssessessnuuneseseeteenneeeeeeeeeeneases 292927
EMERGENCY LEAVE wiesssscssssssscsossesssssesssessssssossuscsssssssssusssassesnssssseccessessssseesensenseanguteeesersanansssseess 434337
PERSONAL TIME...ccssssssessssosssscosssssssvssssesesssssssessesssssssssussseseesssssessessssssssussnseceecesessessceenuuasceseceeeente 444438
AVAILABILITYS cscossccscssssssssssssssssssssssesssseecsssnsssnsssscssssssusessnssessssssesteceesessssnsessessesssuuessetsssssnansecseesneese 727260
RESTRICTIONS: ...scssssssssssssssucsssssscsssssssseceeseescsssscesesneccessssveesseestesssssessenseen seaseveseseessessusussnsscaseosesss 727264

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ARTICLE 1; PREAMBLE/AGREEMENT

Pursuant to New Hampshire RSA 273-A, and other applicable laws and statutes, this Agreement has been
entered into by the Nashua Board of Police Commissioners (hereinafter the "Commission"), and the-UAW.

Prefessional_Empleyees-ofH the Nashua-Roelice Depariment—Local#2322 UFPO Local 645 Professional

Employees of ihe Nashua Police Department, —the full and part-time professional, technical, and
supervisory civilians of the Nashua Police Department, as listed under the current PELRB Certification of
Representative, (hereinafter the "Union"), but excluding Mer#City of Nashua Unaffiliated Employees. Both
parties agree to be bound by the provisions of this Agreement.

ARTICLE 2: RECOGNITION

As defined in Article 1 above, the Commission recognizes, in accordance with RSA 273-A only, the Union
as the sole and exclusive representative for the included civilian employees of the Nashua Police
Department, excluding employees serving their initial probationary period as defined in Article 3 of this
contract, for the purposes of collective bargaining with respect to terms and conditions of employment as
defined under RSA 273-A:1, XI.

ARTICLE 3: DEFINITIONS

A. COMMISSION: The Nashua Board of Police Commissioners.
CHIEF: Chief of Police of the Nashua, New Hampshire, Police Department.

C. BOARD OF ALDERMEN: The legislative body of the City of Nashua that approves cost items (any
benefit acquired through collective bargaining).

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

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

G. 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.

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

|. MANAGEMENT: The Nashua Board of Police Commissioners, the Chief of Police, a Deputy Chief,
Bureau Commanders, or their designee.

J. PARTIES: The Commission; the Union.

K. RESPONDING AUTHORITY: The person or party to whom the grievance is presented.
L. UNION: UAW Professional Employees-ofthe Nashua Police Department Local 2232, UFPO Local
645 Professional Employees of Nashua Police Department

M. PROBATIONARY EMPLOYEE: An employee who has been hired, recently promoted, or
transferred and serving a six (6) month probationary period. The probationary period may be

extended another six months (one-year total probationary period) due to the performance of the
employee.

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

QO. NON-ESSENTIAL EMPLOYEE/PERSONNEL: An employee that is not normally 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.

P. PART-TIME EMPLOYEE: An employee whose normal work schedule is less than 35 hours per
week.

Q. FULL-TIME EMPLOYEE: An employee whose normal work schedule is 35 hours or more per
week,

R. FINANCIAL SERVICES DIVISION: A Division within the Nashua Police Department responsible
for the compensation of Department employees.

S. MERITCITY OF NASHUA UNAFFILIATED EMPLOYEE: A Nashua Police Department civilian
employee who is not covered under this Agreement or any other collective bargaining agreements.

T. DOMESTIC PARTNER: An individual: 1) Who had a long-term intimate relationship with an
employee; 2) who was living in the same household as the employee at the time of death; and 3),

with whom the employee had an intent to remain in a long-term relationship. (This definition only
pertains to Article 18 — “Bereavement Leave.”)

U. EXECUTION DATE: Is defined as the date when cost items contained within the tentative
Collective Bargaining Agreement are approved by the Board of Aldermen, and the Collective
Bargaining Agreement is signed by the parties.
V. GENDER: All references herein the Agreement referring to the masculine gender shall be
considered to include the feminine.

W. WORK DAY: Inthe case of paid leave, “work day" means the number of hours an employee works
on a regularly scheduled work day.

ARTICLE 4: STABILITY OF AGREEMENT

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

ARTICLE 5: UNION MEMBERSHIP

A. According to RSA 275:1, “Union Membership,” no person shall coerce or compel, or attempt to
coerce or compel, any person into an Agreement, either written or verbal, not to join or become a
member of any labor organization, as a condition or securing or continuing in any employment.
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

6

20 Foundry Street

SANBORN HEAD Concord, NH 03301

(603) 229-1900

Building Trust. Engineering Success.

Christine J. Perron, CWS September 10, 2021
McFarland Johnson, Inc. File No. 4381.00
53 Regional Drive

Concord, NH 03301 Sent via email

Re: | Proposed Amendment #1 for Environmental and Geotechnical Engineering Services
(revised)
Preliminary Design, Final Design and Construction Documents
Bridge Street/East Hollis Street Intersection Improvements
Nashua, New Hampshire

Dear Christine:

As requested, Sanborn, Head & Associates, Inc. (Sanborn Head/Subconsultant) revised the
February 11, 2020 proposed contract amendment for environmental consulting and
geotechnical engineering services for Preliminary Design, Final Design and Construction
Documents for the Bridge Street and East Hollis Street Intersection Improvements project
in Nashua, New Hampshire. This revised amendment was updated to reflect current labor
rates and expenses as we as the pricing conditions of our current on-call agreement with
the New Hampshire Department of Transportation (NHDOT). When accepted, this
amendment will become part of the April 23, 2018 subconsultant agreement between
Sanborn Head and McFarland Johnson, Inc. (McFarland Johnson/Client) and subject to the
contract terms therein.

BACKGROUND

On behalf of the City of Nashua (Owner/End Client), McFarland Johnson prepared a
concept design for the intersection improvements (Alternate #4 - copy enclosed). We
understand that the depth of cut and fill earthwork will generally be 6 feet or less where
new utilities and traffic signal foundations are proposed, and about 3 feet or less where
new roadway is proposed in existing landscaped areas. We understand that a limited
volume of soil export (likely less than 100 cy) is anticipated as part of the project. We
assume that there will be very little change of grade where new roadways will be
constructed in existing paved areas. We further assume that most of the soil excavation and
potential export of soils will occur where new roadways are proposed in existing
landscaped areas.

Alternate #4 identifies the locations of proposed traffic signal mast arm foundations.
However, because the locations of the mast arm foundations may be subject to change, we
assume that geotechnical subsurface explorations and the geotechnical report will be
provided during the Final Design phase (not Preliminary Design). As the work progresses,
if you choose to complete the geotechnical services earlier, the scope of services and fee for
Tasks FD4 and FD5 can be moved to Preliminary Design.

SANBORN, HEAD & ASSOCIATES, INC. www.sanbornhead.com

require that any employee of the Department join the Union as a condition of being hired or retained
in employment.

B. Employees who are not members of the Union shall not be required to pay dues to the Union.
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.

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

ARTICLE 6: UNION DUES

A. Written authorization: An employee, who is covered by this Agreement, may execute a written
authorization providing that a portion of their basic monthly wages be withheld weekly and
forwarded to the Union. Upon receipt of a properly executed Authorization and Assignment Form
from an employee, the Commission or appropriate designee shall notify the City of Nashua’s Chief
Financial Officer or appropriate designee to deduct from wages due, the amount authorized. A
copy of said form is attached as Appendix A.

B. Check for Dues Deducted: Each month, a check for the amount of all dues deducted, along with
a current list of bargaining unit members from whose wages dues deductions have been made,
shall be transmitted to the Treasurer of the Union. The Union will be responsible for providing a
current name and address to the City to whom the dues deductions should be transmitted.

C. Revocation of Authorization: An employee who executes such authorization form shall continue
to have such deductions made from his/her wages during the term of the Agreement or until he/she
notifies the Commission or designee in writing, with a copy to the Union, that the Authorization and
Assessment Form is being revoked, and the employee thus withdraws the authority for the
deduction of dues.

D. Dues Deductions: 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.

E. Termination of Deductions: Deductions shall automatically terminate upon the occurrence of any
of the following events:

1. Termination of employment;
2. ‘Transfer out of the bargaining unit;
3. Lay-off or reduction in force;

4. Revocation by the employee of Dues Deduction Authorization.

F. Indemnification: The Union shall indemnify and save harmless the Commission, the Nashua
Police Department, and the City of Nashua from any and all suits and damages arising out of, or in
connection with, such dues deductions. Should there be a dispute between an employee and the
Union over the matter of an employee’s Union membership, the Union agrees to hold the
Commission, the Nashua Police Department, and the City of Nashua harmiess in any such dispute.

ofthis Agreement the-Department-agrees_to-_deduct fram the pay of each
empleyee-voluntary centibutiens to LAW-V.CAP..provided-that each such employee executes
erhas-execuied ihe “Authorization for Assignmentand-Gheck-offof Contibutions te LAW
CAP“foomAppendh-Bi provided futher noweverthatibe Deparimentwil centinuete deduet
the-velunian-centibutionste UAW V CAP fram the pay ef eaeh empleyesterwhemitaas-on
file-an-unrevoked“Authorizatien fer Assignmentand Check-off of Contibutionsto LAW V-CAP*
form.

2,—_Deductions—shall-be—mado—oaly-in-accerdanse-with-the_ provisions of and in_ the ameunis
designatedin-said“Authorzation-forAssigamentandGheelcol-of _Contnbutions io LAMY.
CAP fommiegethemwith the provision otthis Adicle of the Agreement

4.—Deduotien shall be madepursuantiethe forms received by the Deparimentand fonvarded-to
the-City’s-Payrell-_Department,fromthe-ompleyee'sirstinion_dues_periad inthe first menth
eign iain al-albtinphebaieeaalateinat pe iaibealaht na

andthe date-oflast authorization-of these employees-_forwhem deductiens-nave-been-made-
The City further agrees-te-furnish- AW V-CAP with amonthl and -yearte-date-reper_ofteash
such employee's -dedustions._this infermation shall be furnished -when-aroemittanceistmade
on-aCD_fleppy-disk,or magnetic tape in ACSH or seme-cthercommen format conveniently
available te the-Gitys payralaccounting systems.

ses coat pene ion the-followine-informati hiy- basic:

ARTICLE 7: EMPLOYEE RIGHTS

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

1.

oN PF YH

Restrain, coerce, or otherwise interfere with its employees in the exercise of the rights
Dominate or interfere in the formation or administration of the Union;

Discriminate in the hiring or tenure, or the terms and conditions of employment of employees,
for the purpose of encouraging or discouraging membership in the Union;

Discharge, suspend, discipline, or otherwise discriminate against any employee because the
employee has filed a complaint, affidavit or petition, or given information or testimony under
RSA 273-A; and

Refuse to negotiate in good faith with the exclusive representative of the bargaining unit,
including the failure to submit to the legislative body any cost item agreed upon in negotiations;

Invoke a lockout;
Fail to comply with Chapter 273-A or any rule adopted under the Chapter;
Breach a collective bargaining agreement;

Make any law or regulation, or to adopt any rule relative to the terms and conditions of
employment that would invalidate any portion of the Agreement.

lt is the intention of the parties that this article provides that the Union shall enjoy all of the rights

secured to it by RSA 273-A only.

ARTICLE 8: MANAGEMENT RIGHTS

. 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 laws and the statutes of the Unites States and the State
of New Hampshire and the Nashua City Charter and ordinances, including, but not limited to, the
specific rights to: