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the Commission in writing, with a copy to the Union, that the Authorization and
Assignment 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 salary in any pay period. The Commission shall
not 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:
1.
2.
3.
4.

Termination of employment;
Transfer out of the bargaining unit;
Lay-off or reduction in force;

Revocation by the employee of Dues Authorization.

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

ARTICLE 6
EMPLOYEE RIGHTS

It is agreed that neither the Commission, nor the Department will:

1.

2.

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

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;

Discharge, suspend, discipline, or otherwise discriminate against any employee
because the employee has filed a complaint, affidavit, or petition, or given
information or testimony on a grievance, as set forth in RSA 273-A;

Restrain, coerce, or otherwise interfere with the Union in the exercise of rights
granted by statute or this Agreement.

During the disciplinary process, the following will apply:

1.

2.

To be disciplined for just cause only.

To determine if a hearing will be a public or nonpublic session in accordance with
RSA 91-A:3, Il-(a);

To be notified that a documented complaint has been received from a citizen
against an employee, unless said notification would directly interfere with an on-
going investigation conducted by the Nashua Police Department.

4,

A police officer, being interviewed where discipline could result or at a
meeting/hearing concerning pending discipline, will be afforded one
representative from the Collective Bargaining Unit only as it pertains to the below
listed procedures under NLAB v. Weingarten:

» The employee must reasonably believe that the interview will result in
disciplinary action.

” The employee must request such representation.

- The exercise of the right to representation cannot unduly interfere with
legitimate needs of the employer.

During an investigation conducted by the Nashua Police Department of an
offense committed which could result in criminal proceedings, administrative
rights may be provided to the police officer. The administrative rights as outlined
under Garrity v. New Jersey are to:

» Advise the officer that the answers to the questions will not be used against
the officer in criminal proceedings.

Order the officer to answer the questions under threat of disciplinary action;
and

V

Ask questions which are specifically, directly, and narrowly related to the
officer's duties or the officer's fitness for duty.

w

As outlined under Cleveland Board of Education v. Loudermill, prior to discipline
being imposed (pre-disciplinary hearing/meeting), a police officer is entitled to
receive:

A written notice of the charge(s);

St

A gist of the allegations;

‘

Possible disciplinary action(s) to be taken; and

‘

7 Anopportunity to be heard.

For post-disciplinary hearings, an employee is entitled to receive copies, in total,
of the documentation supporting the punitive disciplinary action(s).

Interviews and investigations conducted by the Nashua Police Department shall
be concluded with no unreasonable delay. The employee shall be advised either
in writing or verbally of the results of the completed, documented Nashua Police
Department investigation.

When the Nashua Police Department conducts an investigation, during the
interview of any employee it shall be at a reasonable hour, preferably when the
employee is on duty, unless exigency of the interview dictates otherwise.

The Department maintains a purging system for official personnel files as follows:

1. The respective officer may request a review of stale disciplinary documentation in
his/her personnel file as outlined below:

* Remedial Training/Counseling Form: Purged after five (5) years with the
option that it can be reviewed/purged by the Chief of Police after three {3}
years. **See EES below.

* Letter of Warning: Purged after five {5} years with the option that it can be
reviewed/purged by the Chief of Police after three (3) years. “*See EES
below.

¢ Letter of Suspension: Purged after seven (7) years with the option that it can
be reviewed/purged by the Chief of Police after five (5) years. *“*See EES
below.

e “*EES: In such cases where said documentation pertains to having been
placed on the Exculpatory Evidence Schedule (EES), the related
documentation will remain in the member's personnel file. If the member is
taken off the EES, the purging of the documentation will follow the respective
timeframes outlined above.

ARTICLE 7
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 Statutes of the State of New Hampshire and the
Nashua City Charter, including, but not limited to, the specific rights to:

A.

B.

Control the management and administration of the department;
Hire, promote, transfer, assign, retain, and direct employees within the department;

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

Issue, modify, and enforce Rules and Regulations which do not violate the terms of this
Agreement.

Determine the methods, means, and personnel by which Department operations are to
be conducted;

Determine the content of Job Classifications;

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

Determine the standards of selection for employment and the standards of service to be
offered by the department

Exercise managerial policy as set forth in RSA 273-A:l, XI.

None of the rights, responsibilities, and prerogatives that are delegated to the Commission, by
virtue of statute and Charter provisions, 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 8
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.

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

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
GRIEVANCE PROCEDURE

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

Grievances at all levels will be in writing. 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. 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. If the grievance is not answered within the time timits listed, the
grievant may proceed to the next STEP, unless otherwise noted below.

SECTION A

STEP 1. An employee or the Union having the grievance will present the grievance in writing to
his/her Bureau Commander within seven (7) calendar days of its occurrence. The Bureau
Commander will reply in writing to the grievant within seven (7) calendar days after the grievance
is presented. If the grievance is directed at the grievant Bureau Commander, then the grievance
may be started at STEP 2, as applicable.

STEP 2. Failing a settlement at STEP 1, the grievant may present the grievance in writing to the
appropriate Deputy Chief in writing within seven (7) calendar days after the reply in STEP 1. The
appropriate Deputy Chief will reply in writing to the grievant within seven (7) calendar days after
the grievance is presented. If the appropriate Deputy Chief is unavailable, the grievance will go

to the next step, STEP 3. If the grievance is directed at a Deputy Chief, 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 Chief in
writing within ten (10) calendar days after the reply in STEP 2. The grievant will specify the
following:

A. 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 and 2;

E. The remedy that is desired;

F. The signature of the grievant.

The Chief will reply to the grievant 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 their
return or until he has otherwise communicated his response through his designee.

if a member chooses to grieve a disciplinary action given by the Chief of Police, in accordance
with the Grievance procedure, the discipline, either all or part of it, can be held in abeyance at the
sole discretion of the Chief of Police. The decision to hold the discipline in abeyance shall not be
grievable and can be rescinded at any time by the Chief of Police.

STEP 4. Failing a settlement at STEP 3, the grievant may present the grievance to the Police
Commission in writing within ten (10) calendar days after the reply in STEP 3. The grievant will
provide the same information as in STEP 3. The Police Commission will reply in writing to the
grievant within fifteen (15) working days after the grievance is presented before the Police
Commission.

STEP 5. Failing a settlement at STEP 4, the grievant may present the grievance in writing to the
Union within thirty (30) working days after the reply in STEP 4. 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 American Arbitration Association, Public Employee
Labor Relations Board, or the Hillsborough County Superior Court within sixty (60) working days
after receiving the grievance from the grievant. Expenses incurred under STEP 5 will be shared
equally by the Commission and the Union.

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
Each grievance will be separately processed under the Grievance Procedure.

SECTION D

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
gtievance may be presented to the American Arbitration Association, the Public Employee Labor
Relations Board or Hillsborough County Superior Court within sixty (60) working days after the

reply.
SECTION E

No party acting under STEP 5 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.

SECTION F

The parties recognize that after STEP 3 of the grievance procedure, additional time may be
required by both parties to process the grievance. Notwithstanding the provisions of STEP 3, the
parties may agree in writing to extend any of the time limits set forth in STEPS 4 and 5 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. The Union's failure to respond within established time limits, the grievance shall be
considered settled on the basis of management's last answer.

Cc. 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 with
Department operations, management, at its discretion, may allow investigation and
processing thereof during working time.

SECTION G

The time spent in adjusting grievances between an employer and employees during the time
employees are on duty is considered hours worked. For time spent in adjusting grievances when
the employee is off duty will not be considered time worked and the employee will not be
compensated. If there is ample manpower available and no overtime in incurred, the Department
will make every effort to adjust the hours of the officer if working during another shift the day of
the grievance hearing at the discretion of the Chief of Police or designee.

ARTICLE 11
RESIDENCE

Employees of the Department shall reside in the continental United States.

ARTICLE 12
VACATIONS

Part-Time Emplovees:

Part-Time Employees, who work 34 hours a week, are entitled to the following vacation time: 3
weeks of vacation of 34-hour weeks which is equal to 12 days of 8.5 hours per day or 102 hours.

Full-Time Employees: Full-Time employees are entitled to the following vacation time:

10 Workdays (.83333 Accrual Rate) After One (1) Year continuous service

15 Workdays (1.25 Accrual Rate) After Four (4) Years continuous service

20 Workdays (1.6666 Accrual Rate) After Nine (9) Years continuous service
25 Workdays (2.083 Accrual Rate) After Sixteen (16) Years continuous service
30 Workdays (2.50 Accrual Rate) After (20) Years of continuous service

Vacations will be chosen according to seniority. The number of employees allowed on vacation
at one time shall be determined by the Chief or his designee and shall not be affected by the
availability of supervisors. The approval of block weeks and singular days will not be contingent
upon the availability of any civilians. There shall be only 4 patrolmen allowed to be on vacation,
in any combination of block weeks and singular vacation days, per shift, per day.

Block Weeks: All vacation 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.

A. Vacation block weeks will run from Saturday to Friday.

B. A vacation block week will consist of 5 vacation days within the block.

C. Vacation block weeks will take precedence over singular vacation days, personal days,
swaps, etc.

D. A maximum of 2 weeks (10 vacation days) may be taken at one time.

E. Any extension to the vacation week(s) by utilizing swaps, etc., may be allowed at the
discretion of the member's Bureau Commander.

F, Any extension to the vacation week(s) by utilizing a personal day may be allowed at the
discretion of the Chief of Police or designee.

G. Approval of a continuous third vacation block week, for an individual member, will be at
the discretion of the Chief of Police.

H. A fourth vacation week block of time (allowing more than 3 patrolmen at one time), will be
allowed.

Sinqular Vacation Days: Full-Time members may utilize the following as single vacation days:

10 Workdays (.83333 Accrual Rate) = 10 days may be used as singular vacation days.
15 Workdays (1.25 Accrual Rate) = 10 days may be used as singular vacation days.
20 Workdays (1.6666 Accrual Rate) = 15 days may be used as singular vacation days.
25 Workdays (2.083 Accrual Rate) = 15 days may be used as singular vacation days.
30 Workdays (2.50 Accrual Rate) = 20 days may be used as singular vacation days.

A singular vacation day may be taken by not more than two members per shift, per day (on their
scheduled shift), provided that on the requested day no more than two members on the same
shift are on a vacation day of their block vacation week. If officers are on a normal day off during

their block week vacation, up to two singular days may be approved per shift, per day, for a total
of four (4) patrolmen allowed to be on vacation.

A. __- Awritten request for the desired vacation day is to be given to the Chief or designee not
less than two (2) days nor more than fifteen (15) days prior to the date of such vacation
day. However, approved singular vacation days can be superseded at any time by a
block week vacation, since block weeks take precedence over singular vacation days and
to ensure there will be only 4 patrolmen at one time, in any combination of block weeks
and singular vacation days, on vacation leave per shift, per day.

B. The 2-day notice period may be waived at the discretion of the Chief or designee.

C. If more than one employee requests a singular vacation day for the same day and shift,
the members with more Department seniority shail be entitled to the day off, unless the
day off has already been approved for the less senior officer.

D. Singular vacation days take precedence over personal days. Because up to 4 patrolmen
may be on vacation leave per shift, per day, singular vacation days will supersede
personal days even when previously approved.

Carry Over Vacation Time — Full-Time Employees:
Vacation shall be taken prior to the end of the calendar year in which it is received, however, up

to five (5) vacation days can be carried over into the next calendar year, but all days carried over
must be taken by May 1 of that year except that a vacation block week carry over may extend
beyond May 1 if begun before that date. This carry over provision shall not affect or change the
provisions regarding maximal accrual amounts or loss of accrual amounts contained in this
article. Vacation time accrued but not used shall, upon retirement, be paid in a lump sum to the
employee. Unused vacation time will be paid in a lump sum to the employee's estate if he dies
while employed by the Department.

Vacation Time Earned During Year of Retirement:
In the year of retirement, members will be entitled to use the amount of time available in their
current vacation balance with no cap.

Accrual Limits/Restrictions - Full-Time Emplovees:

Vacation time accrued but not used, up to a maximum of 20 days, shall be paid in a lump sum
when the employee is no longer a member of the department. Unused vacation time, up to a
maximum of 20 days, shall be paid in a lump sum to the employee's estate if death occurs while
employed by the department.

Dutv Callback Overtime — Full-Time Emplovees:
Members shall be paid time and a half of their regular rate of pay for a callback during a vacation
block week and granted an additional day which may be banked for future use.

Outv Callback Overtime — Part-Time Employees: The policy for part-time employees under
Article 33, “Time Coming” shall apply. Employees will be granted an additional day which may be
banked for future use.

Carry Over of Vacation Time for Part-Time Employee & Accrual Limits/ Restrictions:
Vacation may be carried over into the next calendar year without specific approval by the Chief,
but limited to a maximum of 12 days of 8.5 hours per day or 102 hours (3 weeks of a 34
hours/week schedule). Vacation time accrued but not used, up to a maximum listed above, shal
be paid in a lump sum when the employee is no longer a member of the Department. Unused
vacation time, up to a maximum as specified above, shall be paid in a lump sum to the
employee's estate if death occurs while employed by the Department.

To:

From:

Re:

H. Motion:

Discussion:

City of Nashua, Public Works Division

Board of Public Works Meeting Date: April 28, 2022

Daniel Hudson, P.E., City Engineer
Engineering Department

Canal Street Bridge Concrete Repairs

To approve the award of the Canal St Bridge Repairs contract to New England
Infrastructure, Inc. of Hudson, MA in an amount of $373,750. Funding will be
through: Department: 160 Admin/Engineering; Funds: Grant and Capital;
Activities: Hwy Block Grant Aid FY18 and FY18 Bridge Rehab.

The Canal Street Bridge over the Nashua River is part of a significant east-west
arterial road traversed by approximately 30,000 vehicles per day. The bridge is
included on the Municipally-Owned Red List Bridges list, based on inspection and
ratings completed by the New Hampshire Department of Transportation.

Engineering consultant Fuss & O’Neill of Manchester, NH prepared design plans
that detail concrete repairs to the east abutment and center pier, as well as repairs
to a portion of the bridge barrier. The project was advertised for bids and two bids
were received on April 14, 2022 as follows (base bid with bid alternate):

New England Infrastructure, Inc. of Hudson, MA $373,750
Hansen Bridge, LLC of New Loudon, NH $448,190

We recommend awarding the contract to the low bidder, New England
Infrastructure, Inc., a responsible company that has extensive experience with this
type of work in Vermont and Massachusetts. Work is expected to be completed in
the summer during low river water flow.

ARTICLE 13

LONGEVITY
Full-Time Emplovees:
A. Full-Time employees who have been employed by the Department on an uninterrupted

basis, except by reason of layoff or approved leave of absence, shall receive a longevity
payment in one lump sum the week following the employee's anniversary date as follows:

Seven (7} through Nine (9) Years Of Service oo... ec ceccccceeecececacerneceaneseeeenerenas $300.00
Ten (10) Years Of SQrvice wc. cece ceccccsccessecesecncecesecescecneesacecsseecotesuececeacecsacseaeesesecsts $500.00
Eleven (11) Years and Above of Service .........0...... Additional $75.00 each year thereafter
B. Full-Time employees eligible to receive longevity pay who are not employed by the

Department on their anniversary date of any year, shall forfeit the right to all or any
portion of longevity pay to which they would be entitled.

Part-Time Employees: Part-Time employees are not eligible for the Longevity Benefit.

ARTICLE 14
HOLIDAYS
Full-Time Emplovees: The following days will be paid holidays for full-time employees:
New Year's Day Independence Day
President's Day Labor Day
St. Patrick’s Day Columbus Day
Fast Day (Fourth Monday in April) Thanksgiving Day
Memorial Day Christmas Day
Flag Day Veterans Day

Part-Time Emplovees: The following days will be paid holidays for the 34-hour part-time
employee: (6 holidays)

New Year's Day Independence Day
President’s Day Thanksgiving Day
Memorial Day Christmas Day

Holiday Pav: Employees who work shall receive one day's pay at the employee's regular rate for
the above holidays in addition to their regular pay. In order to qualify for holiday pay, employees
who are off-duty on the day of the holiday, must have worked their last scheduled duty day prior
to the holiday and the first scheduled duty day after the holiday, or been absent on authorized
leave on either or both of these days.

ARTICLE 15
UNIFORM ALLOWANCE

Full-Time Employees: The allowance for uniforms per full-time employee shall be $775 per
fiscal year covering this collective bargaining agreement.