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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 (80) 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. Eiling of Grievances by the Commission or its Desiqnate:

—_

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 (30) 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. No Monetary 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. Automatic Advancements of Grievances: Unless otherwise designated under this Article, in all
other circumstances, Management's failure to respond within the established time limits shall
automatically advance the grievance to the next step.

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

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

E. 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

prior-te-and-includingon the 15" of the month. -atleast fifteen 15} calendar days_beginning the
first-of-any-month-- The accrual rate is based upon continuous Department employment on the
fifteenth of every month.

B. 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.

C. Full-Time Emplovees: Full-Time employees_as defined in Article 30 (40 heurs or mere perweek}
shall accrue vacation in accordance with the following schedule.: Ful-Fime empleyees-whe-werk

3S-hours per week up te 40 hours perweel-shall- receive prorated vacation leave benefits.
1. 0-4 years of continuous service: 4413 days per year jor 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 2 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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DB. D. Part-Time Employees: Part-time employees shall receive prorated vacation days
and shall reach maximum accrual caps based on full-time accruals.

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.

aw

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.

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Holidays during vacation week: If 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 Resignation,
Termination, or Layoff: Any regulatemployee 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 employee.

F. Payment of Accrued Vacation Leave upon Retirement: Any regularemployee who retires, as
defined under the NH Retirement System, is entitled to receive accrued vacation pay prorated ta

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.

FO

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.

B.

Full-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.

Part-Time Employees:

1. Part-Time to Part-Time: !f 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: If 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. Probationary Employees: If a probationary employee resigns, is laid-off, or is discharged any

B.

time before completing his/her 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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annual accrual. The employee will then be allowed to accrue vacation for that month and the
following months up to the “anniversary date.”

REQUESTING USE OF VACATION TIME:

C.

Block Weeks: In written form, from up to one year and at least three (3) weeks prior to the date of
use (unless waived by the Chief of Police or designee), requests for the use of vacation shall be in
5-day blocks of an employee’s normal schedule. Less senior employees, as outlined under
Paragraph “D” below, shail check with senior personnel (if available) at least one week before
submitting vacation requests to their appropriate supervisor for approval. The senior personnel
have one week to notify the less senior employee that a conflict exists. The less senior employees
shall document this process on the request from, including not receiving a response back from the
senior employees within the one-week time frame if applicable.

Individual, Half-Day or Hourly Leave: Employees are allowed to use vacation in one- or half-day
or one hour increments of vacation leave at a time only upon approval of their Bureau Commander
or designee. In written form, employees are to request individual vacation days at least 3 days
prior to their use; however, supervisors may waive this time restriction.

Responsibilities of Supervisors: Potential workloads, manpower requirements, or any possibility
of an emergency situation are considerations of a supervisor before approving usage, as well as
the circumstances explained in Paragraphs “D” and “E” below.

1. Block Weeks: Upon receipt of the vacation request, supervisors will respond as soon as
possible, but within two (2) weeks of receipt of the block week vacation request.

2. Individual Vacation Days: Due to the limited time frame of individual vacation days,
supervisors will respond to the vacation request prior to the date of the requested use.

Hierarchy to Resolve Conflicts: If a conflict arises in the use of vacation time among personnel
in the Bureau/Division, the Bureau Commander or designee will use the following hierarchy in order
to resolve it:

Supervisors (Sworn & Civilian — As it relates under Paragraph “E” ———— below.)
Assistant Supervisors

Senior Full-Time Employees

Junior Full-Time Employees

Part-Time Employees

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Board of Aldermen Page 3
May 10, 2016

READING MINUTES OF PREVIOUS MEETING AND PUBLIC HEARING

MOTION BY ALDERMAN WILSHIRE THAT THE MINUTES OF THE BOARD OF ALDERMEN MEETING OF
APRIL 26, 2016, AND THE PUBLIC HEARING CONDUCTED BY THE BUDGET REVIEW COMMITTEE ON
APRIL 25, 2016 BE ACCEPTED, PLACED ON FILE, AND THE READINGS SUSPENDED

MOTION CARRIED

COMMUNICATIONS

MOTION BY ALDERWOMAN MELIZZI-GOLJA THAT THE RULES BE SO FAR SUSPENDED AS TO
ALLOW FOR THE ACCEPTANCE OF A COMMUNICATION PLACED ON OUR DESKS THIS EVENING
MOTION CARRIED

From: Homeowners of Sagamore Road and MacDonald Drive
Re: 396 Main Dunstable Road

MOTION BY ALDERWOMAN MELIZZI-GOLJA TO ACCEPT AND PLACE ON FILE
MOTION CARRIED

PERIOD FOR PUBLIC COMMENT RELATIVE TO ITEMS EXPECTED TO BE ACTED
UPON THIS EVENING

Mr. Paul Garant, 163 Harris Street

| appreciate the opportunity to speak tonight. | think we need to go back to an understanding of how this CBA
compares to one that you recently voted on for the police officers of this city. In fiscal 16, °17 and ’18 police
officers will receive 2.5% every year. The contract before you tonight, over the next four years members of the
fire department will received 2.0% in fiscal 16, 0% in 17 and 2.5% in each °18 and °19. | know this doesn’t
compare equally to the police since they don’t have a figure for ’°19 but | can assure you that it will be back
probably looking for 2.5%. | urge you to consider that in the concept of fairness to our firefighters. | was
listening to the news Friday morning when the labor statistics were published and | heard that the average
increase of salaries in the private sector in the past 12 months is 2.6%. So for anyone that says this is out-of-
bounds, the firefighters will receive an average of 1.7% over the next four fiscal years while in the private
sector salaries are going up higher than that. | ask you to please pass this item before you tonight.

Ms. Mary Gorman, 44 % Amherst Street

| represent Ward 4 in the New Hampshire House and | am a member of the Education Committee. The issue
of school funding has arisen in the debate of proposed ordinance O-16-011. Proponents claim that public
schools receive about $13,000 per pupil and that charter schools receive $6,500 per pupil. This comparison is
misleading and erroneous. The amount quoted as being received by public schools is the average cost per
public school pupil. The amount quoted as being received by charter schools is what is called the adequacy
payment. This represents the states obligation to provide an adequate education to all pupils, whether public
or charter. Public schools also receive adequacy payment; currently it is $2,000 less per pupil than the amount
received by the charter schools. Beginning in July it will be $3,000 less per pupil. To compare the average
cost for public school pupil with the states’ adequacy funding is false. It is a comparison with two unrelated
quantities. No superintendent is receiving $13,000 per pupil from the state and to imply otherwise is just
wrong.

Chief Steve Galipeau, Chief, Nashua Fire Rescue
| urge the Board to support 16-026, the CBA for the firefighters because that document represents 170 of the

most dedicated men and women that | have ever worked with in my life. They are out there on the front lines
day in and day out. They have negotiated fairly with the city; we negotiated for many months and we ended up

F.

Number Allowed on Vacation at One Time/Availability of Police Officers: The number of
employees and police officers allowed on vacation within a Bureau or Division at one time shall be
determined by the Chief or designee based on the positions held. The approval of employees on
vacation within a Bureau or Division is normally not affected by the availability of police officers,
except when certain conditions exist. The below are examples, but the conditions are not limited
to the specific examples below.

being-an-assistant supemisermay-ar-may-Rot-be-approved-to-_be-on-vacation-the-same time
asthe -supemisor by the applicable authority _Anexamaleis the Communications-Diisien
Supemiser{pelice-oficer- andthe Assistant Communications Division-Superviserfemployee)}-

21. Performing the Same Job: In the cases where employees perform the same duties as police
officers, and there is a minimum staffing requirement necessary to perform the essential duties
that could not otherwise be performed by others outside of the Bureau/Division, the employee’s
vacation may or may not be approved if certain manpower conditions exist. An example is the
Police Attorneys (employees) and Police Prosecutors (police officers) wno perform the same
prosecution duties in court. In this situation, minimum staffing requirements allow only two
prosecutors to be on a block week vacation at any one time in any combination, and up to three
which allows the approval of an individual vacation day under special circumstances as
authorized by the applicable authority.

Partial Vacation Leave — Family Medical Leave: Employees may use partial vacation days in
any increment for payment of time used for valid FMLA incidents.

Approval of Vacation Leave Beyond Two Consecutive Work Weeks: Except as approved by
the Chief of Police or designee, employees cannot take more than two (2) consecutive work weeks
of vacation at any one time.

Final Approval:

1. Verification by Financial Services Division: Before final approval by the employee's
supervisor, the accrual of the necessary vacation time needed must be verified by the
appropriate personnel in the Financial Services Division.

2. The appropriate form will be completed by the supervisor or employee, and forwarded to the
appropriate Financial Services Division personnel.

a. Completion of Probationary Period: Employees must complete six (6) months of
continuous service before taking any accrued vacation time unless otherwise designated
in this Article.

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b. Time Available Before Use: Employees will have the appropriate time accrued before
use of vacation time is approved. Under special circumstances, an employee may be
allowed to take vacation time if it has not yet been accrued if authorized by the Chief of
Police or designee.

3. After approval, the form will be sent back to the employee’s Bureau Commander or designee,
and the employee will be notified.

|. Changed/Canceled Approved Vacation: Once a vacation is approved and the dates are to be
changed or canceled by the employee, the employee must reapply. The employee must complete
the appropriate form canceling the vacation and the entire process began again.

J. Recall of Vacation: Any approved vacation is subject to recall by the Chief of Police or designee
due to workloads, manpower requirements, and any emergencies that arise.

1. Non-Exempt Employees: Non-exempt employees shall be paid time and haif of their regular
rate of pay for a callback when on vacation and granted an equivalent amouni off vacation time,
but no less than one day, which may be banked for future use.

2. Exempt Employees: Exempt employees do not receive overtime for a callback when on
vacation, but are granted an equivalent amount off vacation time, but no less than one day,
which may be banked for future use.

ARTICLE 14

HOLIDAYS

GENERAL POLICIES:

There are elever_twelve (4412) paid holidays per calendar year, plus Presidential Election Day, every fourth year.

A. Standard Holidays: The following are standard holidays:

NEW YEAR'S DAY INDEPENDENCE DAY THANKSGIVING DAY

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CIVIL RIGHTS DAY LABOR DAY CHRISTMAS DAY
MEMORIAL DAY VETERANS' DAY

B—B. Floating Holidays: The remaining three-four (34) days are determined by the-Board-of
Police-Commissioners-or the Chief of Police in January-December of each year. Fhese+eplace
GB.

C. When Holidays are Celebrated: Holidays that fall on Saturday are celebrated on Friday, and ones
that fall on Sunday are celebrated on Monday.

D. Scheduled Day Off: Ifa scheduled holiday falls on an employee's normal day off, the employee

may choose to take the holiday on a different day in the same week that the holiday falls in, the
week prior to the holiday, or the week immediately following the holiday.

E. Qualifying for Holiday Pay: In order to qualify for holiday pay, full-time and part-time 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. "Authorized leave" is defined as an occupational injury,
bereavement leave, vacation or sick leave, jury duty, military reserve or National Guard duty, court
appearance by subpoena, or other compensatory time off, determined by the member's supervisor.

FULL-TIME EMPLOYEES:

After completing the first thirty (30) calendar days of employment, full-time employees will receive a normal
day's pay at their regular straight time rate for the above holidays. The 30-day period is waived for new
employees who were previously employed full-time by the City for a period longer than 30 days and
transferred to the Department without any break in service.

PART-TIME EMPLOYEES:

After completing the first thirty (80) calendar days of employment, part-time employees will receive a normal
day's pay at their regular straight time rate for the above holidays. However, part-time employees who are
not scheduled to work on the holiday are not eligible for holiday pay. The 30-day period is waived for new
employees who were previously employed full-time by the City for a period longer than 30 days and
transferred into the Department without any break in service.

ARTICLE 15
UNIFORMS & DRESS CODE

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