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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 harmless in any such dispute.

designated in-said. "Authorization for_Aecignment-and-Check-off of Contributions to UAW.V.
CAP" formtogetherwith the-provisien oHhis Anicte of the Agreement

3.—_A-preperly-exesuted sepy of the “Authorization for-Assigament and Check-off of Contributions
te LAW-V-CAP” form for each employes fer-whom-voluntary contibutions to LAW V CAP-are
te-be-deducted hereunder_shall be-delivered-to-the Deparnment-and forwarded tethe Citys
Payroil-Departmentbefere any such deducters-are_made_exceptas_toempleyees hese
authorizations have _heretefere-been-deliveread—Deductions shall be-_-made—thereatteronly
underthe- applicable “Autherzation-for-Assigamentand Check-off of Contributions te AML.
GAPform-which have been propery executed and are in-offect.

5_The City furtheragrees- to furnish UAW CAP with the name_address, social security number,
and-the-date-oflast authorization of these employees for whom deductions have been made.
The-City further agrees-_to furnish UAW V-CAP with a monthly and yearto-date-repert-of each
such employee's-deductions_This information shall be furnished-when-atremittance is-made
ena CD_fleppy-disk,-or-magnetis-tape-in- ACSH-orseme-cther-commen-format-cenveniently
availablete-the-City's-payrelvacceunting systems.

He Fhe City will provide to the Union the following information onatleasta-menthly-basis:

F pmen of employees siigible ior Ulon-marnberehier

traddtion the-Gity-shall provide te the Union-the-names_ and identification-numbers of employees
paying unien dues/agencsyfees-_and the ameunt of the- wages subiect te-dues/agency fees.

ARTICLE 7; EMPLOYEE RIGHTS

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

1.

ono un

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.

it 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:

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:1, X!, 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

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 unlawiul. 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.

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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.

¢—_Nemerethariwet2} such represeniatives-aitending negotiating mectings shallbe empleyeesuvie
are-normally scheduled for duty during-the-time the meeting is being held.

D—No-mere than one Union-ropresentative attending negotiation meotings-shall be an employee
whe-is_nonnally-seheduled for duty _during the time—tha-meaeting is _being held _ in the -same
bureau/divisien,

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 Aqreement 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 Gammission; 1 for the Union; and 1 for the
Nashua City Clerk). The Commission,or its designee, shail print-and—distribute_updated
agreements via e-mail for-distripute-via_e-mai}, and post updated agreements on the NPD Public
Drive an initial copy oHthis Agreementio-alLemployees 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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Board of Aldermen Page 2
May 10, 2016

the budget maintains a current rate of services, particularly with schools and police and focusses on trying to
enhance our parks system and yet still remains under the spending cap.

| wanted mention the appointments that we have tonight. We have a lot of good people appointed for many
different Boards and Commissions, the Art's Commission, the Conservation Commission, the Cultural
Connections Committee, the Personal Advisory Board and the Zoning Board of Adjustment. | and everyone on
the Board of Aldermen appreciates of the efforts which all of the members of the volunteer Boards put in and
we really appreciate your commitment to the city and without you city government could not operate.

| wanted to specifically mention two of those people, first Tim Cummings for Economic Development Director;
this is a very important position in city government. Mr. Cummings has appeared before the Personnel &
Administrative Affairs Committee and | think he answered their questions and discussed the issues very
capably. He is currently the Economic Development Director in Marlborough, MA where he has had a highly
successful record in attracting jobs and employers and filling empty warehouse and office space and | think he
will do a very good job for the city. He was unanimously recommended by the committee. He has already
spoken with a number of the Aldermen.

| also wanted to mention the appointment of Bill Parker for the Conservation Commission. At the hearing
before the Personnel & Administrative Affairs Committee he was recommended but he was asked whether he
attended a meeting of the Conservation Commission up to that time and his answer was no. That is not his
fault, he’s someone with landscape expertise and | was so enthusiastic about getting someone with that
expertise on that Commission that | didn’t ask him to go through a lot before | appointed him. Mr. Parker would
like to attend a meeting and meet with Roger Houston and possibly talk with Mike Gallagher who is the chair of
the commission before he is voted on. In his case, | would ask that the next meeting of the Conservation
Commission is June 7 and | would ask that the Board table that appointment until your first meeting in June
and take up the appointment of Mr. Parker then.

RESPONSE TO REMARKS OF THE MAYOR

Alderman Lopez

I’d like to thank the Mayor for making Heritage Trail a priority. | had expressed concerns about it during his last
comments and he answered those concerns and | think he is doing the best he can to get it resolved as quickly
as possible. | also appreciate the approach to Mr. Parker’s nomination. | voted in favor of it because | don’t
want to discourage anybody who is interested in serving the city but | think a very valid point was raised that if
you are going to serve the city you should know what you are getting into first.

RECOGNITION PERIOD

R-16-032
Endorsers: Mayor Jim Donchess
Board of Aldermen
RECOGNIZING AND CONGRATULATING ROB HOLLAND
Given its first reading;

MOTION BY ALDERMAN SCHONEMAN THAT THE RULES BE SO FAR SUSPENDED AS TO ALLOW
FOR THE SECOND READING OF R-16-032
MOTION CARRIED

Resolution R-16-032 given its second reading;

MOTION BY ALDERMAN SCHONEMAN FOR FINAL PASSAGE OF R-16-032
MOTION CARRIED

Resolution R-16-032 declared duly adopted.

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

G—Fre-Union-shall be +espensible for the-distribution_of a_copy olihe Agreementic-all-_employees
hired-afterthe initial distribution olthe-Agreement

ARTICLE 11: SHOR STEWARDUNION REPRESENTATION/INVESTIGATION OF ISSUES

SHOR STEWARD/ALTERNATE SHOR-STEWARDSUNION REPRESENTATION:

Management agrees to recognize one (44) Shoep-Steward_and iwe(2} Alternate Shep _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-SFEWARDSUNION REPRESENTATIVES:

An off duty Skhep—Steward—oer _—Alternate-Shop—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. lf 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.

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:

itis understood that time spent by-nien-stewards Union 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 regularly
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 Agreement, an earnest effort
shall be made to settle such differences promptly in the following order and manner.

B. Agrievance 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. If a 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 settlement 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.

STEP 3.

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

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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:

e 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;

e The remedy that is desired;

e¢ The signature of the grievant(s}.

B. The Chief will reply to the grievant(s) and the Union in writing 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 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. [t may also be agreed to go
to the next Step.

STEP 4.

A. 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.

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

C. 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.

D. 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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