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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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SIEMENS

e Accurate existing fixture counts by road and area type to be used as an input for LED fixture
selection/lighting design, material cost estimates, fixture procurement, and_ installation
purposes

e Aninventory database for asset management and future maintenance needs

A sample screen shot of what the GIS audit web map might look like for Nashua is shown below:

gf

The following is a step-by-step overview of the audit process:

1. Our audit team/Energy Engineer will create an inventory of all “dusk to dawn” outdoor lighting
using information provided by staff members who process monthly bills and energy provider
invoices and those who are responsible for the maintenance of said facilities. We will also
request an inventory file from Eversource or the City in Excel format, which will form the basis
for the field audit of the majority of unmetered street lights. The remaining lights not on the
inventory, as identified by City staff, may include decorative lighting, flood lights, spot lights, or
wall pack lighting. Some lights will be metered and others will be unmetered and billed, on just
a few or many separate accounts. Once existing inventory is compiled, a field verification of
each street light is completed by the audit team. This survey will include several teams of
individuals in order to complete the system-wide data collection effort in approximately 30
days. A subcontractor, CDM Smith, is proposed to complete the field audit.

2. A complete list of all feasible Energy Conservation Measures (ECM) is developed by the Energy
Engineer from the survey results.

3. Utility and operational savings are calculated by the Energy Engineer for each measure.

9225 Bee Cave Rd www. siemens.usa.com
Building B, Ste 101 512-837-8000
Austin, TX 78733 Page 15

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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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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The Union may file grievances on its own behalf, on behalf of its members, and if requested, on behalf of
non-paying members. Any grievant may be represented at all stages of the Grievance Procedure by
grievant(s) and by a representative selected and approved by the Union, if the grievant(s) desires. At all
stages of the Grievance Procedure the grievant(s) has the right to hire a representative of their choosing,
other than the Union’s representative; however, the grievant(s) will be responsible for all costs and shall be
bound by all agreements, policies, and procedures as outlined under this Article.

SECTION C
PROCESSING OF GRIEVANCES

Each grievance will be processed separately under the Grievance Procedure.

SECTION D
EXTENSIONS OF TIME LIMITS

EXTENSIONS OF TIME LIMITS:

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.

B.

C.

Automatic Advancements of Grievances: Unless otherwise designated under this Article, in all
other circumstances, Management's failure fo respond within the established time limits shall
automatically advance the grievance to the next step.

Failure to Respond by Union within Time Limits: The Union's or grievant’s/grievants’ failure to
respond within established time limits, the grievance shall be considered settled on the basis of
management's last answer.

Handling of Grievances During Off- and On-Duty Hours: 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.

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D. No Payment of Overtime: During any step involved in the grievance procedure, the grievant(s),

E.

union representatives, or witnesses for the grievanit(s), shall not be paid overtime if not done during
on-duty hours.

Right to Withdraw: The Union or the grievant(s) has/have the right to withdraw the grievance at
any time during the proceedings.

ARTICLE 13
VACATIONS

ACCRUALS:

A.

Accrual Date: Vacation time is accrued for any month in which the individual has been employed
prierte-and-_includingon the 15!" of the month. aHeastfiteen_15} calendardays,beginning-the
first-of-anymenth— The accrual rate is based upon continuous Department employment on the
fifteenth of every month.

Calculating Accruals: The full-time or part-time anniversary date of continuous City employment
shall be used to calculate an employee's length of service with respect to paid vacation eligibility.
Length of service shall be measured from the employee's most recent date of hire with the City.

Full-Time Employees: Full-Time employees as defined in Article 3Q -40-heurs- or more por weel)
shall accrue vacation in accordance with the following schedule.:_ Full-Time employees-who-work
Nee p-to NOO A eseive-prorate nefits.

Q nn ip 2
etree o

1. 0-4 years of continuous service: 4413 days per year for a total of 104 hours

2, 5-9 years of continuous service: +517 days per year for a total of 136 hours

3. 10-14 years of continuous service: 2224 days per year for a total of 192 hours

4. 15-19 years of continuous service: 2425 days per year for a total of 200 hours
5.._.20-29 ¥years er-mere-of continued service: 29 days per year for a total of 232 hours

5.6.30 years or more of continued service: 30 days per year for a total of 240 hours

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a
and shall reach maximum accrual caps based on full-time accruals.

Part-Time Employees: Part-time employees shall receive prorated vacation days

PROVISIONS:

A. Completion Of Probationary Period: After satisfactory completion of the probationary period as
determined by the Chief of Police or designee, but not exceeding one (1) year and classification as
a “regular employee," employees covered by this Agreement are eligible to take vacation leave.

B. Part-Time Employees: For the purposes of this article, vacation leave deductions during one
workday shall be the employee’s normal workday.

C. Paid Absences Considered Time Worked: Paid sick leave and absences for jury or military
reserve duty are considered time worked for vacation accrual purposes.

D. Holidays during vacation week: !f a holiday falls during a vacation week, holiday pay will be
given in lieu of a vacation day.

E. Payment of Accrued Vacation Leave to Non-Probationary Employees upon Resiqnation,
Termination, or Layoff: Any regularemployee who resigns, is terminated, or is laid off is entitled
to receive accrued vacation pay prorated to the date when active employment ceases. Up to a
maximum of 2 times the annual amount of vacation accrual will be paid to the emplayee.

FE. Payment of Accrued Vacation Leave upon Retirement: Any regular-emplayee who retires, as
defined under the NH Retirement System, is entitled to receive accrued vacation pay prorated to
the date when active employment ceases. Up to a maximum of 2 times the annual amount of
vacation accrual will be paid to the employee.

E

G,_ &-—Payment of Accrued Vacation Leave to Beneficiary or Estate: All accrued vacation time
shall be paid in a lump sum to the employee’s beneficiary, as specified in writing by the employee

on an approved form, if death occurs while employed by the Nashua Police Department. If the
employee designates no beneficiaries, the accrued vacation leave will be paid to the employee’s
estate.

H. Vacation Credit for Previous Experience at the Time of Hire: (sidebar approved 9/17/18)

For the purpose of calculating yearly vacation time, at the time of hire, the Chief of Police or

his/her designee is authorized to credit the employee for previous experience up to a maximum
of nine (9) years. In consideration for this change in the contract, the following adjustment will

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be made on this one-time basis: Existing employees on September 17, 2018, with fewer than
(8) years’ experience, shall for vacation time calculation only, be deemed to have (8) years’
experience.

TRANSFERS FROM ANOTHER CITY BARGAINING UNIT OR OTHER CITY DEPARTMENT:

A. Fuil-Time Employees: If a full-time employee transfers from another City bargaining unit or other

City Department, he/she shall be paid for all accrued vacation leave by the appropriate City
Department and shall not transfer any vacation accruals. The full-time anniversary date of
continuous City employment shall be used to calculate a full-time employee's length of service for
accrual purposes.

B. Part-Time Employees:

1. Part-Time to Part-Time: If a part-time employee transfers from another City bargaining unit
or other City Department and remains a part-time employee, he/she shall be paid for all accrued
vacation leave by the appropriate City Department and shall not transfer any vacation accruals.
The part-time anniversary date of continuous City employment shall be used to calculate a
part-time employee's length of service for accrual purposes.

2. Part-Time to Full-Time: !f a part-time employee transfers from another City bargaining unit or
other City Department and becomes a full-time employee, he/she shall be paid for all accrued
vacation leave by the appropriate City Department and shall not transfer any vacation accruals.
The full-time anniversary date of continuous City employment shall be used to calculate a full-
time employee's length of service for accrual purposes.

LOSS OF ACCRUED VACATION TIME:

A.

B.

Probationary Employees: If a probationary employee resigns, is laid-off, or is discharged any
time before completing his/ner probationary period not exceeding one (1) year, he/she shall lose
all accrued vacation time.

Unpaid Leave of Absence: During an unpaid leave of absence, an employee does not earn any
vacation time.

Maximum Accrual: A vacation balance of not more than two times the annual accrual can be
earned by the member's “anniversary date.” On the “anniversary date,” should the vacation
balance be over the two times maximum accrual, the balance will be decreased to two times the

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