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1. Control the management and administration of the Nashua Police Department;

2. Hire, promote, transfer, assign, retain, lay off, and direct employees within the Nashua Police
Department;

3. Suspend, demote, discharge, and take other disciplinary actions against employees for just
cause;

4. Issue, modify, and enforce rules and regulations which do not expressly violate the terms of
this Agreement;

5. Determine the methods, means, and personnel by which Nashua Police Department
operations are to be conducted, as well as to determine those operations;

6. Determine the job classifications and compensation based on a system which classifies
positions based on the skill, effort, responsibility, and working conditions required;

7. Exercise complete control and discretion over the Nashua Police Department, its organization,
and the technology of performing its work;

8. Determine the standards of selection for employment and the standards of service to be offered
by the Nashua Police Department;

9. Exercise managerial policy as set forth in RSA 273-A:|, 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: UNFAIR LABOR PRACTICES & STRIKES PROHIBITED

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A. Unfair Labor Practices: It is agreed that the exclusive representative of the bargaining unit will

not:

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

Restrain, coerce, or otherwise interfere with the Commission in its selection of agents to
represent it in collective bargaining negotiations or the settlement of grievances;

Cause or attempt to cause the Commission or the Department to discriminate against an
employee in violation of RSA 273-A:5, | (c), or to discriminate against any employee whose
membership in the bargaining unit has been denied or terminated for reasons other than failure
to pay membership dues;

Refuse to negotiate in good faith with the Commission;

Engage in a strike or other form of job action;

Breach a collective bargaining agreement;

Fail to comply with Chapter 273-A or any rule adopted under that Chapter.

The Union shall not instigate, sponsor, or encourage any activity or action in contravention of
the provisions or intent of this Article.

B. Strikes Prohibited:

Strikes and other forms of job action by employees are hereby declared to be unlawful. 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.

The Commission or the Department shall be entitled to petition the superior court for a
temporary restraining order, pending a final order of the PELRB under RSA 273-A:‘6 for a strike
or other form of job action in violation of the provisions of Chapter 273 and may be awarded
costs and reasonable legal fees at the discretion of the court.

1h

ARTICLE 10: COLLECTIVE BARGAINING MEETINGS AND CONTRACTS COLLECTIVE
BARGAINING MEETINGS

The Department shall give representatives of the bargaining unit a reasonable opportunity to meet with the
employer or the employer's representatives during working hours without loss of compensation or benefits
[RSA 273-A:11, Il]. However, so as not to interfere with an employee's job responsibilities that are crucial
to critical Department operations, the following restrictions will apply unless otherwise instructed by the
Chief of Police or the Deputy Chief of Operations. Previously scheduled negotiations sessions may need
to be rescheduled due to a specific situation.

A. No more than three (3) representatives of the Union shall be designated to attend collective
bargaining meetings with the Commission or its representatives.

B. No essential employee, as defined under Article 3, entitled, “Definitions,” shall attend negotiating
meetings who is normally scheduled for duty during the time the meeting is being held.

G—_Nemerethantwe 12} such representatives attending negetiating meciings-shallbe- employees whe
are normally-scheduled forduty during the time the-meating is being held.

B_No-peredhan-one-} Unica +epresentative- attending negotiation meetings shall be-an-_empleyee
whe-is-nermally_scheduied-forduty during thetime the _meeting-is—being held_in the same

EC. If there is only (1) employee who works in a bureau/division or the position is vital to
Department operations due to emergency or critical situations, that employee shall not attend the
negotiation meeting until the condition no longer exists.

Distribution of Agreement to Employees:

A. Upon final execution of this Agreement, to include the proofreading of the final original documents,
three (3 originals will be provided as follows: 1 for the Commission; 1 for the Union; and 1 for the
Nashua City Clerk). The Commission,_or_its designee, shall print-and—distribute_updated
agreements via e-mail ter-distribute-via-e-mail},- and post updated agreements on the NPD Public
Drive aninitial cepy of this Agreementio-all-empleyees within 30 days.

B. The City’s Legal Department (Office of the Corporation Counsel) shall be responsible for complying
with the legal obligation under RSA 273-A:16, whereby a copy of the Agreement reached as a

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”

result of collective bargaining shall be filed with the PELRB within 14 days after execution of said
Agreement.

€._Tthe Union shall-be-respensible for the -distibutien of-a-cepy of the Agreamentio-al-empleyees

ARTICLE 11: SHOP STEWARDUNION REPRESENTATIGN/INVESTIGATION OF ISSUES

SHOP-STEWARD/ALTERNATE SHOP-STEWARDSUNION REPRESENTATION:

Management agrees to recognize one (44) Shep-Steward-and two (2) Alternate Shop Stewardsunion

representatives, and the union agrees to provide management with an updated list of names of the
individuals who shall fill these positions.

INVESTIGATIONS BY-STEWARDSUNION REPRESENTATIVES:

An off duty Shep—Steward—or—Alternate Shep—StewardUnion Representative shall investigate all
situations/issues brought to his/her attention.

A. Union representatives normally conduct investigations and all other phases of grievance handling
during off-duty hours.

B. ifthe 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.

NON-SETTLEMENT OF AN ISSUE:

If a settlement cannot be reached, the Steward Union Representative 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.

PAYMENT FOR REGULAR WORK WEEK:

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lt is understood that time spent by-unien-stewardsUnion Representatives, 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 they are off duty. They shall only be paid for their reguiarty
scheduled workweek.

ARTICLE 12
GRIEVANCE PROCEDURE

DEFINITION:

"Grievance" means an alleged violation, misinterpretation, or misapplication of any provision of this
Agreement with respect to one or more employees.

DISCUSSIONS OF MINOR ISSUES:

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.

BASIC PROCEDURES TO FOLLOW FOR GRIEVANCES:

A. Inthe event that differences arise with respect to any provision of this Agreemeni, an earnest effort
shall be made to settle such differences promptly in the following order and manner.

B. 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.

C. Ifa 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.

D. Ifthe grievance is not answered within the time limits listed, the grievant and the Union may proceed
to the next STEP.

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E. Agrievance may be filed on behalf of one or more employees.

SECTION A

GRIEVANCE PROCEDURE

STEP 1.

A. The employee or employees having the grievance and the Union will present the grievance in
writing to his/her or their immediate supervisor within ten (10) calendar days of its occurrence or
when the employee(s) should have reasonably known.

B. The supervisor will reply in writing to the grievant(s) and the union within ten (10) calendar days
after the grievance is presented.

C. If the grievance is with the employee's/employees’ immediate supervisor, he/she may go to STEP
2.

STEP 2.

A. Failing a setilement at STEP 1 or expiration of the response time limit, the grievant(s) and the Union
may present the grievance in writing to the Divisional Supervisor, Bureau Commander, or
appropriate Deputy Chief within ten (10) calendar days after the reply in STEP 1.

B. If the grievance is with the employee's/employees’ Divisional Supervisor, Bureau Commander, or
Deputy Chief, he/she or they may go to STEP 3.

C. The Divisional Supervisor, Bureau Commander, or Deputy Chief will reply in writing to the
grievant(s) and the Union within ten (10) calendar days after the grievance is presented in writing.

A. Failing to achieve a settlement at STEP 2 or expiration of the response time limit, the grievant(s)
and the Union may present the grievance in writing to the Chief within ten (10) calendar days after
the reply in STEP 2.

PI

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B.

If the grievance is with the Chief of Police, the grievance will still start at STEP 3.

C. The grievant(s) and the Union will specify the following:

B.

* The nature and facts pertaining to the grievance;

e The nature and extent of injury, loss, or inconvenience;
e The alleged violation of the Agreement;

e The basis for dissatisfaction with STEPS 1 and 2;

© The remedy that is desired;

* The signature of the grievant(s).

The Chief will reply to the grievant(s) and the Union in writing within ten (10) calendar days after
the grievance is presented. lf the Chief is unavailable for response, this time period shall be
automatically extended until his/her return or until he/she has otherwise communicated a response
through a designee. Due to emergency circumstances which leaves the Chief incapacitated or
unable to communicate a response, the Deputy Chief of Operations, or an Acting Chief as assigned
by the Police Commission will reply to the grievant(s) and the Union. It may also be agreed to go
to the next Step.

STEP 4.

A.

B.

Failing to achieve a settlement at STEP 3, the grievant(s) and the Union may present the grievance
in writing to the Board of Police Commissioners within ten (10) calendar days after the reply in
STEP 3, which is the final step of the grievance procedure.

The grievant(s) and the Union will provide the same information as in STEP 3.

The Board of Police Commissioners will officially receive all grievances at its regular monthly
scheduled meeting or a special meeting will be scheduled as determined by the Board’s Chairman.

The Board of Police Commissioners will reply in writing to the grievant(s) and the Union within
fifteen (15) working days after the grievance is presented during the scheduled Commission's
regular monthly or special meeting.

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R-16-078
Endorsers: Mayor Jim Donchess
Alderwoman Mary Ann Melizzi-Golja
RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF $87,573 FROM THE STATE OF NEW
HAMPSHIRE, DEPARTMENT OF SAFETY “STATE HOMELAND SECURITY GRANT PROGRAM”
INTO FIRE GRANT ACTIVITY “2016 HAZMAT WIDE AREA MONITORING”

eHuman Affairs Committee Recommends: Final Passage

R-16-079
Endorsers: Mayor Jim Donchess
Alderman-at-Large Lori Wilshire
RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF $61,900 FROM THE STATE OF NEW
HAMPSHIRE, DEPARTMENT OF SAFETY “STATE HOMELAND SECURITY GRANT PROGRAM”
INTO POLICE GRANT ACTIVITY “2016 TACTICAL AND HAZMAT ROBOT”

eHuman Affairs Committee Recommends: Final Passage

R-16-080
Endorsers: Mayor Jim Donchess
Alderman-at-Large Lori Wilshire
RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF $49,364.76 FROM THE STATE
OF NEW HAMPSHIRE, DEPARTMENT OF SAFETY “STATE HOMELAND SECURITY GRANT
PROGRAM” INTO EMERGENCY MANAGEMENT GRANT ACTIVITY “2016 INFLATABLE SHELTER”

eHuman Affairs Committee Recommends: Final Passage
UNFINISHED BUSINESS — ORDINANCES - None
NEW BUSINESS — RESOLUTIONS

R-16-081
Endorser: Mayor Jim Donchess
AMENDING THE PURPOSE OF THE EXPENDABLE TRUST FUND FOR OPERATING THE JACKSON

MILLS DAM TO A HYDROPOWER RESERVE FUND FOR BOTH DAMS

R-16-082
Endorser: Mayor Jim Donchess
RELATIVE TO THE TRANSFER OF $20,000 FROM DEPARTMENT 194 — CONTINGENCY, ACCOUNT

#70100 - GENERAL CONTINGENCY TO DEPARTMENT 109 - CIVIC & COMMUNITY ACTIVITIES,
ACCOUNTING CLASSIFICATION 56 — OUTSIDE AGENCIES FOR THE PURPOSE OF PROVIDING
FUNDING TO HARBOR HOMES FOR THEIR ROLE IN THE SAFE STATIONS PROGRAM

NEW BUSINESS — ORDINANCES

O-16-024
Endorsers: Mayor Jim Donchess

Alderman David Schoneman
EXTENDING THE OVERNIGHT ON-STREET PARKING PROGRAM INDEFINITELY AND ALLOWING

RESIDENTS OF ORANGE STREET AND WHITNEY STREET TO PURCHASE OVERNIGHT ON-
STREET PARKING PERMITS

O-16-025
Endorser: Alderman Richard A. Dowd
AMENDING THE ZONING MAP BY REZONING THREE LOTS ON AMHERST STREET FROM

AIRPORT INDUSTRIAL (Al) TO HIGHWAY BUSINESS (HB)

September 10, 2021 Page 2
20210910 Bridge St E Hollis St Nashua Sanborn Head Amend 1.docx 4381.00

SCOPE OF SERVICES

Our scope of services is divided into phases for Preliminary Design, Final Design, and
Construction Documents as follows:

Preliminary Design

Our preliminary design services include environmental sampling of near surface soils for
the presence of asbestos-containing soil in locations where new roadways are proposed in
existing landscaped areas. The results of this work will help inform the extent to which
asbestos-containing soil will need to be addressed in Construction Documents
(supplemental specifications and pay items).

Groundwater is not anticipated to be encountered during construction. As such, neither
groundwater sampling nor laboratory analysis of groundwater samples are proposed.

We understand that very little excess material will be generated as part of construction. As
such, we specifically excluded soil pre-characterization testing for off-site soil disposal.
Soils meeting the definition of Limited Reuse Soil (LRS)! are anticipated to be encountered
in the NHDOT State Right-of-Way and will be handled in accordance with the NHDOT
Generic LRS Soil Management Plan (SMP)?. As outlined in the SMP, LRS generated on-Site
may be reused within the project limits. As such, we assume that excavated urban fill soils
will be managed in accordance with the Generic SMP issued by NHDOT.

Task PD1 - Environmental Field Exploration

The purpose of the environmental field exploration is to obtain data that can be used to
inform if asbestos-containing soil is present, and if so, inform the preparation of Special
Provision Specifications and Pay Items for the earthwork. The environmental field
exploration is not intended to pre-characterize a defined volume of soil from a specific
project location and depth for direct excavation, load, and haul during the construction
contract. Further, this exploration does not include analysis for parameters typically
required by disposal facilities to obtain acceptance of the material for disposal. We assume
that if excess soil is generated as part of the construction and off-site disposal is required,
then the full suite of analyses required by the receiving facility will be completed and paid
for by the contractor during construction after the excess soil is stockpiled.

Prior to the environmental field explorations, we will prepare a proposed environmental
boring location plan for review by the project team. Upon acceptance, we will layout the
proposed boring locations in the field and notify DigSafe to obtain utility clearance as
required by law.

1 Defined by the New Hampshire Department of Transportation (NHDOT) as soils adjacent to roadways, on
property under the control of NHDOT, that require removal or relocation, that are likely (based on
“generator knowledge”) and/or demonstrated (through field screening or laboratory analyses) to contain
contaminants between naturally occurring background concentrations and NHDOT-specific Acceptable
Reuse Concentrations (ARCs).

2 “Soil Management Plan for Limited Reuse Soils/Unanticipated Potentially Contaminated Soils,” prepared by
NHDOT, dated October 16, 2017.

SANBORN HEAD

Failing to achieve a settlement at STEP 4 or expiration of the response time limit, if the Union feels that the
grievance has merit and that submitting it to arbitration is in the best interest of the Department and the
grievant(s), the Union shall inform the Police Commission in writing of its decision to arbitrate within 30
calendar days after receiving the Commission's reply in STEP 4. The Union may submit the grievance to
the Public Employee Labor Relations Board within thirty (30) working days after informing the Commission
of its decision to arbitrate.

A. Sharing of Expenses: The Commission and the Union will share expenses incurred under STEP
5 equally.

B. Filing of Grievances by the Commission or its Designate:

1. The Commission, or its designate, will have the right to file grievances against the Union and/or
a member(s) thereof.

2. The grievance will be presented in writing to the Union and the employee(s), if applicable, within
ten (10) calendar days of its occurrence, or when knowledge was obtained that a grievance
existed.

3. The Union will reply within thirty (80) working days after the grievance is presented.

4. Failing a settlement between the Commission (or its designee) and the Union, the grievance
may be presented to the Public Employee Labor Relations Board within sixty (60) working days
after the reply.

C. NoMonetary Damages: No party action under STEP 5 will have any power to award any monetary
damages (other than back wages or lost benefits as outlined under this collective bargaining
agreement), make any changes in, modification or alteration of, addition to, or subtraction from,
any of the terms of this Agreement.

SECTION B
FILING OF GRIEVANCES/REPRESENTATION OF GRIEVANT

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