Search

N. ESSENTIAL EMPLOYEE/PERSONNEL: An employee that is considered essential at all times to
maintain the critical 24-hour operations of the Nashua Police Department as determined by the
Chief of Police or designee.

O. NON-ESSENTIAL EMPLOYEE/PERSONNEL: An employee that is not normally essential to
maintain the 24-hour operations of the Nashua Police Department as determined by the Chief of
Police or designee; however, this condition may change due to emergencies that could occur.

P. PART-TIME EMPLOYEE: An employee whose normal work schedule is less than 35 hours per
week.

Q. FULL-TIME EMPLOYEE: An employee whose normal work schedule is 35 hours or more per
week.

R. FINANCIAL SERVICES DIVISION: A Division within the Nashua Police Department responsible
for the compensation of Department employees.

S. CITY OF NASHUA UNAFFILIATED EMPLOYEE: A Nashua Police Department civilian employee
who is not covered under this Agreement or any other collective bargaining agreements.

T. DOMESTIC PARTNER: An individual: 1) Who had a long-term intimate relationship with an
employee; 2) who was living in the same household as the employee at the time of death; and 3),
with whom the employee had an intent to remain in a long-term relationship. (This definition only
pertains to Article 18 — “Bereavement Leave.”)

U. EXECUTION DATE: Is defined as the date when cost items contained within the tentative
Collective Bargaining Agreement are approved by the Board of Aldermen, and the Collective
Bargaining Agreement is signed by the parties.

V. GENDER: All references herein the Agreement referring to the masculine gender shall be
considered to include the feminine.

W. WORK DAY: In the case of paid leave, “work day” means the number of hours an employee works
ona regularly scheduled work day.

ARTICLE 4: STABILITY OF AGREEMENT

No amendment to, modification of, or change in, the terms or provision of this Agreement shall bind the
Commission or the Union unless made and executed in writing and signed by an authorized representative
of each party.

ARTICLE 5: UNION MEMBERSHIP

A. According to RSA 275:1, “Union Membership,” no person shall coerce or compel, or attempt to
coerce or compel, any person into an Agreement, either written or verbal, not to join or become a
member of any labor organization, as a condition or securing or continuing in any employment.
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.

B. 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 6: UNION DUES

. Written authorization: An employee, who is covered by this Agreement, may execute a written
authorization providing that a portion of their basic monthly wages be withheld weekly and
forwarded to the Union. Upon receipt of a properly executed Authorization and Assignment Form
from an employee, the Commission or appropriate designee shail notify the City of Nashua’s Chief
Financial Officer or appropriate designee to deduct from wages due, the amount authorized. A
copy of said form is attached as Appendix A.

. Check for Dues Deducted: Each month, a check for the amount of all dues deducted, along with
a current list of bargaining unit members from whose wages dues deductions have been made,
shall be transmitted to the Treasurer of the Union. The Union will be responsible for providing a
current name and address to the City to whom the dues deductions should be transmitted.

. Revocation of Authorization: An employee who executes such authorization form shall continue
io have such deductions made from his/her wages during the term of the Agreement or until he/she
notifies the Commission or designee in writing, with a copy to the Union, that the Authorization and
Assessment Form is being revoked, and the employee thus withdraws the authority for the
deduction of dues.

. Dues Deductions: Dues deductions shall be subordinate to deductions required by law. No
deductions shall be made if an employee has insufficient wages in any pay period. Neither the
Commission, nor the City of Nashua, shall be responsible for deducting any arrearage in dues
owed to the Union by a member.

. Termination of Deductions: Deductions shall automatically terminate upon the occurrence of any
of the following events:

1. Termination of employment;

2. Transfer out of the bargaining unit;

3. Lay-off or reduction in force;

4, Revocation by the employee of Dues Deduction Authorization.

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.

ARTICLE 7: EMPLOYEE RIGHTS

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

1. 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;

2. 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;

2 ND

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 ail 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:

Control the management and administration of the Nashua Police Department;

Hire, promote, transfer, assign, retain, lay off, and direct employees within the Nashua Police
Department;

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

Issue, modify, and enforce rules and regulations which do not expressly violate the terms of
this Agreement;

Determine the methods, means, and personnel by which Nashua Police Department
operations are to be conducted, as well as to determine thase operations;

Determine the job classifications and compensation based on a system which classifies
positions based on the skill, effort, responsibility, and working conditions required;

Exercise complete control and discretion over the Nashua Police 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 Nashua Police Department;

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

C. 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:
1.

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 whase
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 jab 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:

1.

Strikes and other forms of job action by employees are hereby declared to be unlawful. 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.

ARTICLE 10: COLLECTIVE BARGAINING MEETINGS AND CONTRACTS

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.

Board of Aldermen Page 10
May 10, 2016

O-16-011
Endorsers: Alderman Don LeBrun
Alderman Ken Siegel
Alderman David Schoneman
Alderman Tom Lopez
ADOPTING PROVISIONS FOR REDUCED TAXATION FOR CERTAIN CHARTERED
PUBLIC SCHOOL FACILITIES
Given its second reading;

MOTION BY ALDERMAN LEBRUN FOR FINAL PASSAGE OF O-16-011
ON THE QUESTION
Alderman Schoneman

| supported this before and | will support it here too. | think that even though, there was a point made during
public comment about where the money comes from, | think that it’s clear that the charter schools operate at
about half of the income per pupil than the public schools do no matter what the source is. | think that they
provide a service to those students and the taxpayers. | also think that as a publicly funded educational
institution, they should have the same kind of treatment that others are and that is not paying property taxes.
Our public schools do not pay property tax. Charter schools do pay property tax and | think that giving them
the benefit of a discount under property tax would go directly towards the benefit of education for those
students and for the taxpayers.

Alderman Lopez

It sounds like there are not equivalent funding sources so | am not entirely convinced that it is exactly halfway
split, although personally | am in favor of the way we have school choice in Nashua because we don’t have a
lot of charter schools. We focus on our public schools and make sure that quality education is accessible to
everyone but | am concerned at how the revenue...Alderman McCarthy brought up that the revenue couldn't
necessarily be guaranteed to go to the schools; the landlord could potentially make a different deal. Alderman
Siegel pointed out that most of the charter schools do have a separate arrangement in their lease so that they
pay their taxes for the landlords. If that’s the case then the revenue saved by this for the schools would go
straight to the schools. | am concerned that it’s not so easy for a charter school to negotiate after they have
invested physically properties in the school and making sure that it’s renovated to meet specifications of the
education department. My concern is basically that we could be removing tax revenue from the City of Nashua
and we know the next few years are going to be challenging fiscally. | think if we remove revenue then we are
just putting ourselves into another series of difficult decisions moving forward.

Alderwoman Melizzi-Golja

| am all for parents given a choice and when my child was in school we exercised our opportunity to have
choice and go beyond the public schools but there are two things; Representative Gorman talked about how
the amount of money that is coming back to the Nashua City schools is less than what those to charter schools
and when we heard from the Mayor this evening about the Department of Education’s budget, it’s $400,000
less than what they requested and it’s also funded at a level to just allow them to provide their current level of
service. That current level of service includes, at that time it was over $80,000 of transportation costs for
Nashua students to attend charter schools located in the city. The other service that is included in the school
district's budget that is provided to students who reside in the city but are enrolled in charter schools is special
education services. That service is different than the way we do the rest of the special education services in
the city. If you are a charter school student and your parent chooses to place you in a charter school in
Concord, the Nashua City School District is responsible for arranging for you to have your services. Our
special education budget is also providing services to students enrolled in charter schools and my
understanding is that the number of students who are being provided services has increased to a level that the

A.

No more than three (3) representatives of the Union shall be designated to attend collective
bargaining meetings with the Commission or its representatives.

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.

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 Agreement 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 Commission; 1 for the Union; and 1 for the
Nashua City Clerk). The Commission, or its designee, shall distribute updated agreements via e-
mail and post updated agreements on the NPD Public Drive within 30 days.

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

ARTICLE 11: UNION REPRESENTATION/INVESTIGATION OF ISSUES

UNION REPRESENTATION:

Management agrees to recognize one (4) union representatives, and the union agrees to provide
management with an updated list of names of the individuals who shall fill these positions.

INVESTIGATIONS BY UNION REPRESENTATIVES:

An off duty Union Representative shall investigate all situations/issues brought to his/her attention.

A.

B.

Union representatives normally conduct investigations and all other phases of grievance handling
during off-duty hours.

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 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:

It is understood that time spent by 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.

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 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.

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:

The nature and facts pertaining to the grievance;

The nature and extent of injury, loss, or inconvenience;
The alleged violation of the Agreement;

The basis for dissatisfaction with STEPS 1 and 2;

The remedy that is desired;

The signature of the grievant(s).

D. 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. It 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.

STEP 5.

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 (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

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.

Dz

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,

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.

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.

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.

B.

C.

Accrual Date: Vacation time is accrued for any month in which the individual has been employed
on the 15'* of the month. 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 shali accrue vacation in
accordance with the following schedule.