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Board of Aldermen Page 7
May 10, 2016

R-16-026
Endorsers: Alderwoman Mary Ann Melizzi-Golja
Alderman-at-Large Lori Wilshire
Alderman Benjamin M. Clemons
Alderman Richard A. Dowd
Alderman-at-Large Daniel T. Moriarty
APPROVING THE COST ITEMS OF A COLLECTIVE BARGAINING AGREEMENT
BETWEEN THE MAYOR AND THE BOARD OF FIRE COMMISSIONERS AND
LOCAL #789, INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS FROM JULY 1,
2015, THROUGH JUNE 30, 2019, AND RELATED TRANSFERS FROM CONTINGENCY
Given its third reading;

MOTION BY ALDERWOMAN MELIZZI-GOLJA FOR FINAL PASSAGE OF R-16-026

ON THE QUESTION

Alderman Wilshire

| think that this is a fair contract and that over the four years at 1.7%, | think that’s fair. I’m going to support it.
Alderman O’Brien

| will declare a conflict and | will not be voting on this.

Alderman Siegel

| appreciate the efforts of the Commission and the fire department and | actually don’t believe that this is a bad
contract. | voted against it in committee because we do have a spending cap and while this is a great contract
we are in this impossible position. | feel like | am voting against it because | am trying to be consistent in
pushing for the pension legislation that | have. It would be inconsistent for me on the one hand to push for
something like that which is specifically targeted and yet approve a contract which is higher than that number,
despite my personal feelings about whether or not a good faith effort was done in negotiating it and certainly
not a reflection about what was done by the department. | would point out that it’s not fair to compare this to
the supervisor's contract that we voted on because we really didn’t have a choice in rejecting that. We were
sort of forced into that because there’s a “me too” clause. We don’t have that here otherwise | would be voting
exactly the same way as | did with the police supervisors contract given that we wouldn’t have a choice. |
apologize for the need to be consistent.

Alderman Clemons

| think this is a fair contract. | think that the bargaining unit did a lot of compromising, especially taking a 0% in
one year, recognizing the fact that the city is going through a really tough time with the spending cap and |
appreciate that and | am proud to endorse this legislation and proud to give my support of it.

Alderwoman Melizzi-Golja

| understand Alderman Siegel's concerns and for me it’s not about fairness, | think that we just have to look at
what our responsibility is here and often those of us sitting around this horseshoe have competing
responsibilities and it’s to maintain a livable tax rate for the residents of this city. At the same time we have a
responsibility to make sure that we are providing them and their property, be it homeowner’s or business
owners with the protection they need. | think the fire department is experiencing retirements which mean there
will be new members that we are going to be competing for and we need to provide the department with the
tools they need to be competitive in getting the best firefighters we can get for the City of Nashua. Firefighting
is this city is not a one formula thing; we’ve got many companies that use materials like chemicals and gases

ARTICLE 2926
WORKERS COMPENSATION

GENERAL CITY POLICIES

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State RSA/City’s Worker’s Compensation Insurance: Employees shall be covered by the
provisions of the New Hampshire Worker's Compensation Act, as may be amended from time to
time, and by related City policies. All employees are covered by the City’s worker's compensation
insurance. The cost of this coverage shall be paid entirely by the City.

Notification to Supervisor/Completion of Paperwork: In the event an employee is injured on
the job, he or she must give immediate notice to their supervisor and complete the required
paperwork.

Supplementing Worker’s Compensation Payments: The employee may choose to supplement
his or her worker's compensation payment utilizing available benefit leave balances. The use of
accrued leave shall be limited to the difference between the amount the employee is paid under
Worker Compensation and the amount of the employee’s pay for their regularly scheduled work
week as in effect at the time of the injury.

Accruing Benefits: Employees will continue to accrue full benefits while receiving worker's
compensation benefits.

VOCATIONAL REHABILITATION (RSA 281-A:25):

The City of Nashua shall follow the State Law under RSA 281-A:25.

ALTERNATIVE WORK OPPORTUNITIES (RSA 281-A:23-b):

The Department shall follow the State Law under RSA 281-A:23-b regarding the development of temporary
alternative work opportunities for injured employees.

REINSTATEMENT OF EMPLOYEE SUSTAINING COMPENSABLE INJURIES/ REPLACEMENTS (RSA
281-A:25-a):

For employees who have sustained an on-duty injury, the Department shall follow the State Law under RSA
281-A:25-a entitled, “Reinstatement of Employee Sustaining Compensable Injuries."

A.

Temporary Replacement: Unless otherwise designated by State or Federal law, during the time
an employee is disabled from performing the duties of his/her position due to an on-duty injury, the
Department reserves the right to temporarily fill the position as needed up to an 18-month period
from the date of the injury.

B.

Permanent Replacement: Unless otherwise designated by State or Federal law, after the 18-
month period if the person is still unable to return to his/her position, he/she shall be deemed to be
unable to return to work. The person will be released, and the position may be filled permanently.
If the employee becomes employable after the 18-month period, he/she may apply for any vacant
position within the Department for which he/she is qualified for.

ARTICLE 3027
VACANCIES

GENERAL POLICY:

It is a policy of the Nashua Police Department to employ the best candidates possible through positive
recruitment and selection to ensure a lower rate of personnel turnover, fewer disciplinary problems, higher
moral, better community relations, and more efficient and effective services. The recruitment process will
be consistent with City and Department procedures and Federal and State laws.

FILLING VACANCIES WITH CURRENT EMPLOYEES:

A.

D.

Opportunity to Apply: When filling vacancies for positions covered by this Agreement, current
employees will be given the opportunity to apply for the position through a City Posting, to be
evaluated for consideration purposes, and to participate in testing procedures if applicable.

Promotions: (Cite Article 21 — Wages for policies.)

Demotions: Employees may apply for vacant positions lower than their current grade, which would
be considered a demotion. (Cite Article 21 — Wages for policies.)

Unsatisfactory Performance: Should the employee's performance be unsatisfactory any time
during the six-month period, the Chief of Police may:

Extend the probationary period for an additional 6 months;

Permit the employee to bid on another vacancy for which he/she is qualified, or,

Return the employee to the position which he/she left if still vacant, or,

* To terminate the employee from employment with the Nashua Police Department.

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ARTICLE 3128
WORK POLICIES & REGULATIONS

GUIDELINES FOR DEPARTMENT OPERATIONS:

Itis the policy of the Nashua Police Department to provide certain guidelines to insure efficient Department
operations. Civilian employees must comply with all applicable chapters or sections within the Nashua
Police Department Rules & Regulations Manual or other written or unwritten procedures/policies.

STANDARDS OF CONDUCT:

Civilian employees are subject to the Nashua Police Department's Disciplinary System and Internal
Affairs Investigations for any complaints/allegations relating to a criminal offense; neglect of duty; a
violation of Department/City policies, rules, procedures or ordinances; or conduct, either on or off duty,
which may tend to reflect unfavorably upon the employee, City or Department.

ARTICLE 3228
RETIREMENT SYSTEM

Employees who work thirty-five (35) hours or more per week are mandated to join the NH Retirement
System (NHRS).

ARTICLE 3339
SENIORITY

DEFINITIONS:

A. City Seniority: “City seniority” is defined as continuous service either from the date of hire or
rehire and is used for accrual purpose only.

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B.

Department Seniority: “Department seniority” is defined from either the date of hire or transfer
into the Department and shall be given due consideration with regard to choice of vacations and
layoffs.

SENIORITY POLICIES:

Conflicts: In the event of a conflict, the last names of the two parties shall be considered
alphabetically and placed accordingly. Such placement shall determine City and/or Department
seniority. In these cases, if an individual's last name changes after their date of hire, their seniority
date shall not be affected, but shall remain as was originally established.

Department Supervisors: Department supervisors who work in the same bureaus or divisions as
other civilians in this or other bargaining units or who are Merit Employees shall have seniority over
other civilians due to their positions. This also includes Assistant Supervisors; however, the
Supervisor has seniority over the Assistant Supervisor.

Full-Time vs. Part-Time Employees: Full-time employees shall have seniority over part-time
employees.

Transfers: [f an employee moves into another position outside of this bargaining unit, his/her
seniority date shall be as listed in another bargaining agreement or benefit package.

Rehires: If an employee resigns from a position within this bargaining unit and returns to the
bargaining unit within twelve months, the employee will regain his seniority and the accrual rate
that was effective at the date of resignation.

ARTICLE 3434+
LAYOFFS, RECALLS, & VOLUNTARY RESIGNATIONS

LAYOFFS:

A.

Authority: Management reserves the right, power, and authority to lay off employees within the
Nashua Police Department as deemed necessary.

Primary Determining Factors: When making any layoff decisions, the primary determining
factors that will be considered are job performance, absenteeism record, and the workload & the
number of personnel within a particular bureau, division, or shift. If the listed factors are the same

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when considering layoff decisions, the full-time continuous date of employment with the Nashua
Police Department will be considered.

C. Advanced Notification: As a courtesy, the Department shall make every attempt to notify both
the affected employee(s) and the Department Union Representative in advance whenever
possible.

EMPLOYEE CLASSIFICATIONS:

A. Reqular Employee: A full- or part-time employee who has completed a probationary period and
whose funding is not paid by a grant.

B. Temporary Employee: A full- or part-time employee who has not completed a probationary period
or who has completed a probationary period, but whose position is funded either in full or in part by
a grant.

C. Grant Employee: A full- or part-time temporary employee who is paid either in full or in part
through a grant for a period of time and is not guaranteed continued employment.

D. Consultant: A person who works full- or part-time at the Nashua Police Department, is not paid
directly by the Department/City but an outside agency, does not receive any benefits from the
Department, and is not part of the Bargaining Unit.

RECALLS:

Employees, who through no fault of their own are laid off from their position, will be placed on a recall list
and given preferential consideration for like positions with due regard for City/Department seniority and past
performance. Laid off employees will remain on an established list for a period not to exceed two years.

VOLUNTARY RESIGNATIONS:

Employees who fail to return to work when recalled from layoff upon official notice from the City, will be
considered to have abandoned (voluntarily resigned) their position.

ARTICLE 3532
BULLETIN BOARD

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LOCATION AND POSTING OF UNION MATERIALS:

The Department shall maintain a bulletin board for the Union to post notices of Union appointments,
elections, meetings, recreational and social affairs, or other Union-related matters. The location of the
bulletin board will be agreed upon by Management and the Union. Said materials shall be posted in no
other locations.

APPROVAL, REMOVAL, & REVIEWING OF POSTED UNION MATERIALS:

No other material or information shal] be posted without approval by the Chief. Upon the Chief's written
request, the Union shall promptly remove any material which is offensive or detrimental to the
Union/Management relationship. The Union will periodically, or upon the Chief's request, review all posted
material and remove material which is no longer pertinent.

ELECTRONIC MAIL:

A. General Policies: Department services are provided to certain members/employees to support
communications and exchanges of information. This access is a privilege which is revocable.
Employees should not have any expectation of privacy with respect to any information transmitted,
and such communications may be subject to the NH Right to Know Law. All electronic
communications are also subject to the policies under the Department’s Rules and Regulations
Manual.

B. Legitimate Business Purposes: Electronic mail is to be used for legitimate business purposes.
“Legitimate business purposes,” includes the sending of union notices of meetings to the
membership and any necessary electronic communications during the negotiation process among
the Union Bargaining Team Members.

C. Approval of the Chief of Police: Any other uses not defined under Paragraph “B” above, shall
be brought to the attention of the Chief of Police or a Deputy Chief in his/her absence for approval
prior to the electronic communication being sent to the Union membership.

ARTICLE 3633
PARTIAL INVALIDITY, SEPARABILITY, & COMPLIANCE WITH LAWS

INVALID OR UNENFORCEABLE PROVISIONS WITHIN THE AGREEMENT:

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A. Applicable Law: Should the parties hereafter agree that applicable law renders invalid or
unenforceable any of the provisions of this Agreement, the parties shall attempt to agree upon a
replacement for the affected provision. Such replacement provisions shall become effective
immediately upon ratification according to the respective procedures and regulations of the parties
and shall remain in effect for the duration of the Agreement.

B. Court, Board, or Other Authority: in the event that any of the provisions of this Agreement shall
be declared invalid or unenforceable by a court, board, or other appropriate authority, such invalidity
or unenforceability shall not affect the remaining provisions thereof.

AGREEMENT IS SUBJECT TO ALL PERTINENT FEDERAL, STATE, AND LOCAL LAWS/
ORDINANCES:

The parties agree that this Agreement is subject to all pertinent federal, state, and local laws and
ordinances, as the same may be amended or enacted from time to time, and this Agreement shall be
construed in accordance therewith, and the parties shall conform their conduct thereto.

ARTICLE 3734
EDUCATIONAL REIMBURSEMENT, MANDATED TRAINING,
& PROFESSIONAL AFFILIATIONS/LICENSING

AVAILABLE FUNDING:

The Commission shall allocate an amount of $3; 20,000 to spend on educational benefits (tuition
reimbursement) for all department members per fiscal year.ferempleyees-ceveredinderthis Agreement

A. Said amount is on a first come, first serve basis. In order to receive reimbursement for that fiscal
year, the Financial Services Division must receive any previously approved requests, along with
the grade, by June 15. Any requests for reimbursements received after June 15 may be charged
to the next fiscal year’s allotment.

B. Once the $3,009 $20,000-cap is expended, the educational benefit (tuition reimbursement) is no
longer available to employees covered under this Agreement.

COURSE REIMBURSEMENT CRITERIA:

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