COLLECTIVE BARGAINING AGREEMENT
BETWEEN
THE CITY OF NASHUA, NH
AND
U.A.W. LOCAL 2322
CLERICAL AND TECHNICAL UNIT
JULY 1, 2020 — JUNE 30, 2024
Special Board of Aldermen Meeting Page 6
March 21, 2016
| am particularly enthusiastic about this, | have been working with them since its inception and | think it’s a
great coalition program for the City of Nashua.
President McCarthy
Tracy | wonder if you might address how the Chamber is reacting to the coalition.
Ms. Hatch
As | said, the Chamber is very focused on an economic development and a thriving and vibrant business
community, not just in Nashua but in Greater Nashua and across the state. |’ve been involved in the One
Greater Nashua Coalition since | took the position as the head of the Chamber and believe passionately in
what the coalition is trying to achieve, not because it’s a charity because it’s not but because | think it is in the
best interest of our community as a whole and particularly the business community. Our Board of Directors led
currently Paul Hebert for another five days; we have created a strategic plan for the Chamber for the first time
in a bit that specifically and explicitly incorporates the ideals and ideas of One Greater Nashua. We have
seven tenants, seven strategic areas that we will be focusing on that map in many ways to some of the things
that you have heard about this evening. For example, if you ask businesses in our community what the most
important issues that they face to their success, one of the top two invariably is going to be access to a skilled
workforce. The slide that Jared showed earlier that showed the non-white population of adults in Greater
Nashua was kind of really centered on Nashua itself, it wasn’t very explosive. Contrast that to the map on the
right hand side those 18 and under who are non-white; those are the employees and the employers 10, 15 and
20 years from now. If we don’t reach out today and welcome them in this community and that they have a
future here then we are saying that 20 years from now that we don’t want a robust business community. We
have built into the piece about access to a skilled workforce, the work that we are doing through One Greater
Nashua. Capitalizing on our diversity, that is one of our strategic points in the Chamber’s strategic plan. We
cannot be a vibrant, robust and attractive community that others, particularly young people want to come to if
we turn our back on the diversity that exists today and is only going to grow in the future. Those are two
examples of how the Chamber of Commerce has affirmatively and specifically incorporated the ideals and
objectives of One Greater Nashua into the work that we intend to do over the next three to five years.
Alderman Lopez
| want to say for the record that the chart that is presented here which says adults as a minority as a
percentage of the population and then children as a minority percentage, it’s my guess that this is representing
the comparative percentage. You could glance at this and be confused and say okay why are all the adults’
right there and the children are everywhere? What it is really saying is the ratio. If you have one person who
is Hispanic and one person who is white then they compare but if you have a large family of five children who
are Hispanic and then one child who is white; | think that’s what the chart is depicting but | wanted to double
check.
Unidentified Speaker
That is correct.
Unidentified Speaker
That is another factor that | think was interesting that we looked at this kind of statistical underpinnings. We
talked about the negative migration for Nashua and actually for the state as a whole, had there not been an
influx of foreign born individuals into our state, the state would have seen the population decline overall. We
only have grown because of non-native people coming into our community. Again, if we want to see our
population shrink and we want to have less opportunity for children and we want to see jobs go elsewhere
TABLE OF CONTENTS
Article Subject Page
1 AQTOCMEN. 22... c eee e cece eee e cee et tne nee ee eee eeeeeeeeeeee ett tittitisteeeseeeeeeeetenenentennniees 4
2 ReCOQMHION 200... Ent EEE tte ttetet ett et tntite 4
3 Discrimination 2.0.0.0. c cece eee e eee eeeeteeceeeetttseeeeeeesettseeeeeetetssseeeeeeteteeeeeenees 4
4 Union Dues .0.... 0. cee ccecc cece ec ec tee ee eee cteeeeeeecesteeeeeeesitteeeeeeetttsseeeeeettueeeseeenees 4
AA — Agency Fee oo. E LEE e LESSEE EE Eee tet ett t atta tbe e deen 5
5 Employee Rights .....0.00000000 ccc trate te tee ttetet eet titties 5
6 Management Rights....00000000000 coc en tn batt Ee te tee tee teb ett ettttntes 6
7 Strikes and Works Stoppages .......0.0000.00.0 cece eee beeen b bbe bb btn adtreeteetteeeneneen 7
8 Work Week and Work Schedule .......0....0 000 cece cece ee cee eee teeeeeeeeettsseeeeeteettteeeeeenees 7
9 OVE TUM ooo. e cece e cece eet e eee ee eet teeeeeeeceteeeeeeeeetiseeeeeeettssseeeetitieseeeeestssieeeesy 7
IO RES 01 ©) | RR 9
11 Grievance Procedure 0.0.0.0... occ cccccee cece cece ete eee eb eeeeeeeeecestseeeeeeettisseeeeeetstsseeeeeeeneneaes 10
12 ~~ Job Posting/Lay-Offs/Recall..0000000 ooo ee eee eee b ebb nbn bbtteatteeeeeeeeeene 12
13. _—— Distribution of this Agreement. 0.000.000.0000. erect cee eee t bebe bbe bette teseatreeeeeteeeenes 15
V4 HONS oo Eee LLL LE nL GHEE E EEE EEE Eeb cob bbb bite uadadaaeaeetees 15
1S Unpaid Leaves... eect EEE EEE ee Eee be ceb cbt bb te uataataeeeeeees 16
16 Bereavement Leave... ccc te tt nett enb etn ee eee eee eeeeeeeeeeeeeeeeeneeneetinnienntennees 17
17 _— [Deleted]
18 Jury Duty Pay oo... eck ee nee e eee teen en eE ee eee cet eeeteetetaaaeeeeeeeeaaannneeeeees 17
19 = Workers’ Compensation .......0.00.00 000 ccc cece eee cient eect eee eee beb cbt bitte eeteaeaeaeeeees 17
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22 Long Term Disability (LTD)... eee e cee beet ebb bb bbb bnntttsnaeaeeeeeeeeeenes 19
22A Short Term Disability (STD) 0.000000... e eee eet ebb bb bbb tnteeaeaeeeeeeeeeenes 20
23 Health Insurance .......0 0.0. e cece cece cece te eee eee cteeeeeeeeseteeeeeeeeetsseeeeeesttteeeeeeneneaes 20
24 = Dental Insurance 2.0.2... cece cece ett eee eee et teeeeeeeeettseeeeeeetstsseeeeenttieeeeeeenies 22
25 Life Insurance... ccc cccece cee ee cece e cee eettee eee eeeeeeteeceeeettseeeeeeesetsseeeeeetttseeeeeenees 23
26 Flexible Spending Accounts (FSA) & Dependent Care Assistance Spending Plans....... 23
2T Pay Period 00.0.0... e cece cece cece eee eee ete teeeeeeeecteeeeeeeestteeeeeeeseisseeeeeeettteeeeeenees 23
28 = Retirement System oo... 0.0 eee eee eee cece n bed Ee ee Eee eee bbb cttbttttetetaaeaeeeees 23
29 Military Service oo... icc eee e eect teee eee eteeeeeeeeesiteeeeeeeeeisseeeeeeettteeeeeennes 24
30 Military Reserve and National Guard Pay.........000.00.c ccc cee eece cee eee et eseeeeeetteeeeeeetneaes 24
31 = Deferred Compensation ....0.00.00000 cocci eee eee e ecb bitin denattteeteteeeenen 24
32 Mileage Reimbursement .........000.00.c ccc cece cee eteeceeeeeeteeeseeeetttseeteeeeesisseeesenttteaees 24
33 Travel niece cece cece tcc e eee ee et ee eee ceecetteeeeeeeseeeseeeeeecestsseeeseeetttsseeeeeeestiseeeeeeeteneaes 25
34 — Persommel File 0.0.0... c cece cece eee cee te eeeeeecteeeeeeecestseeeeeeetteteeeesettiseeeeeneneneees 26
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37 WGC... eee ccc eee EEE EEE ELLE EE EEE EEE E EEE EE EEE HEE EEE EE eee GEG Eee b eee teeuaeeeeeeeeenea ee 26
37A Compressed Natural Gas (CNG) Fuel System Inspection Certification........................ 28
38 Parking Garage oo... cece ccc cee e eben teeseeeeecteeeeeeeetttsaeeeeeeeetsteeeeeettteteeeeenens 29
39 ~—- Bulletin Boards/Malll .20..0..... 000 n Ee Eee Eee b bb bbb bbbtttbtttaataes 29
40 = Disciplinary Procedures ..........0.0.0 000 e cece eee eee ee eee beet bb bbb bbetaaaaeaes 29
4]
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Earned Time oo... ooo ccccecccceccccececuececeeeeeveeeueeeeeeeresesrreeeueeeereeeseeceteeeevereeeeenteenes 30
Individualized Sick Leave Pools ...........0.0 cocci tt eee e tebe bebe bbb ecbtttttnees 32
Professional Affiliations/Licensing .......0.0.000 00 ee teat ete t ee te et eb eb eeb ttt: 33
Safety Committees 200.00. EEE EEE Eee cco ob bb tb ad ddeatteeeeeeeeten ey 33
Union Business Leave .....00.0000 ccc entre tee te been ett tn tttts 33
Working out of Classification 2.0.0.0... cece eee cece cect atte et ee te tee tec enttttttttas 34
Duration of Agreement 000000000 nt iter tet e beet eet ttttitis 34
Article 1
Agreement
AGREEMENT, made and entered into as of the day of
, 2020, by and between The City of Nashua, New Hampshire (hereinafter called the
“City”) and the International Union, United Automobile, Aerospace and Agricultural Implement
Workers of America (UAW) and its Local # 2322, United Automobile, Aerospace and
Agricultural Implement Workers of America (UAW), Clerical and Technical Unit, (hereinafter
called the “Union’).
Article 2
Recognition
The City hereby recognizes the Union as the sole and exclusive representative of the clerical and
technical employees as certified by the PELRB of New Hampshire as per Appendix A.
The City agrees that it will not discriminate against, intimidate, or coerce any employee in the
exercise of their rights to bargain collectively through the Union on account of membership in or
activities on behalf of the Union. The City agrees that it will deal with the Union for the purposes
of bargaining with respect to wages, hours of duty and working conditions of members of the
Bargaining Unit.
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 City harmless in any such dispute.
Article 3
Discrimination
It is agreed that the City will not discriminate on the basis of sex, race, color, national origin,
religion, lawful political or employee's organization affiliation, age, marital status, sexual
preference, or non-disqualifying disability, or on any basis prohibited by law.
Article 4
Union Dues
As a condition of employment, an employee shall pay either Union Dues or Agency Fees. An
employee holding a Union position may execute a written authorization providing that a portion
of their salary representing monthly Union Dues or Agency Fees be withheld weekly and
forwarded to the Union. Upon receiving a properly executed Authorization and Assignment
Form from an employee, the Local 2322 shall notify the Human Resources/Payroll Department
to deduct from salary due, the amount authorized, and a copy of said form acceptable to Human
Resources Department shall be furnished thereto in advance of said deduction. A copy of said
form is attached as Appendix B.
Each month, a check for the amount of all Union Dues and Agency Fees deducted, along with a
current list of members from whose salary Union Dues and Agency Fees deductions have been
made, shall be transmitted to the Treasurer of the Union.
An employee may elect to change deductions during the term of the agreement, between Union
Dues and Agency Fees. An employee who executes an authorization form shall continue to have
such deductions made from their salary during the term of the Agreement or until the Human
Resource/Payroll Department, with a copy to the Union, are notified that the Authorization and
Assessment Form is being revoked, and the employee thus withdraws the authority for the
deduction of Union Dues or Agency Fees. Union Dues and Agency Fees deductions shall be
made without cost to the employee or the Union.
Union Dues and Agency Fees deductions shall be subordinate to deductions required by law and
other deductions. No deductions shall be made if an employee has insufficient salary in any pay
period. The City of Nashua shall not be responsible for deducting any arrearage in Union Dues
or Agency Fees owed to the Union by a member, or any special or other assessment by the
Union, with the exception of the deduction of initiations fees if expressly authorized on the form
noted above.
Deductions shall automatically terminate upon the occurrence of any of the following events:
Termination of employment;
Transfer out of the bargaining unit;
Lay-off,;
Revocation by the employee of Union Dues or Agency Fees Authorization.
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The Unit shall indemnify and save harmless The City of Nashua in and on account of any and all
claims, suits and damages arising out of, or in relation to, such dues deductions.
Article 4A
Agency Fees
An employee who elects not to pay Union Dues shall pay Agency Fees for services rendered by
the Union commensurate with the employee’s fair share apportionment for the cost of collective
bargaining, contract administration, and grievance adjustment. The City agrees to collect
Agency Fees in the same method and manner as the collection of Union Dues.
Article 5
Employee Rights
Itis agreed that neither the City nor its Departments will:
A. Dominate or interfere in the formation and administration of the Union;
B. Discriminate in the hire, tenure, or the terms and conditions of employment of employees or
potential employees, for the purpose of encouraging or discouraging membership in the
Union;
C. Discharge, suspend, discipline, or otherwise discriminate against any employee because the
employee has filed a complaint, affidavit, or petition, or given information or testimony on
a grievance, as set forth in RSA 273-A;
D. Restrain, coerce, or otherwise interfere with the Union in the exercise of rights granted by
statute.
It is the intention of all the parties that this article provides that the Union shall enjoy all the
rights secured by RSA 273-A.
Article 6
Management Rights
Except as otherwise provided for in this agreement, the City of Nashua, its respective Boards or
Commissions and officers, shall have, whether exercised or not, all the rights, powers, and
authority vested in it by virtue of the Statutes of the State of New Hampshire and the Nashua
City Charter and Ordinances, now or hereinafter enacted including, but not limited to, the nghts
to:
A. Control the management and administration of the City of Nashua;
B. Hire, promote from within, transfer, assign, retain, layoff, and direct employees within
the City of Nashua;
C. Suspend, demote, discharge and take other disciplinary actions against employees for just
cause;
D. Issue, modify, and enforce Rules and Regulations which do not expressly violate the
terms of this Agreement.
E. Determine the methods, means, and personnel by which the City of Nashua’s operation is
to be conducted, as well as to determine those operations and to assign duties, hours, and
responsibilities to its employees accordingly;
F. Exercise control and discretion over the City of Nashua, it organization, and the
technology or lack thereof of performing its work;
G. Determine the standards of selection for employment and the standards of service to be
offered by the City of Nashua;
H. Assign Union employees to work in any job classification as needed, in the judgment of
the appropriate supervisor or manager.
I. Exercise managerial policy, as set forth in RSA 273-A;
J. Schedule the hours and days of work whether for emergency purposes or not.
The foregoing Management rights are set out for purposes of illustration and not limitation; the
City of Nashua retains all such rights, powers, and authority, whether exercised or not, conferred
upon it by law.
Article 7
Strikes and Work Stoppages
The Union shall not instigate, sponsor, or encourage any activity or action in contravention of
the provisions or intent of the Agreement.
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 City of Nashua or
encourage others to do so; or engage, or participate in any other form of job action.
Article 8
Work Week and Work Schedule
A. The work week shall consist of seven (7) consecutive twenty-four (24) hour periods
and shall stay consistent with current practice.
B. The normal work schedule shall consist of five (5) consecutive eight (8) hour work
days.
C. Employees engaged in continuous operations such as BPW, and other jobs where
employees are ordered on call at any hour of the day, shall have regular working hours
and regular work weeks to suit specific jobs in these continuous operations as
practiced as of the date of execution.
D. The City may establish working hours for jobs having other than normal requirements.
E. Any change in the regular work schedule hours shall be the subject of discussions
between the Union and the City before being implemented. This subsection shall not be
construed to reduce or impair managements authority pursuant to the article entitled
"Management Rights" supra.
Article 9
Overtime
Overtime may be required of all employees. Compensation therefore shall be paid as required by
the Fair Labor Standard Act and other pertinent law. Nonexempt employees called in from home
to work shall receive a minimum of three (3) hours pay therefore at the applicable rate.
Employees who are "on call" or subject to the provisions of a written procedure established by
management requiring periodic work outside their regularly scheduled hours shall be paid
any additional pay provided for in such procedures. Inspectors in the Community Development
Division shall receive a minimum of three (3) hours pay at the applicable rate for scheduled work
on Saturday or Sunday or between the hours of 9:00 p.m. and 5 a.m.
For any employee in the Public Works Division, time and one half the employee’s regular hourly
pay shall be paid for work assigned and performed in excess of eight (8) hours in a work day, or
in excess of forty (40) hours in a work week. Paid Earned Time, paid holidays, military active
duty for training, jury duty, bereavement leave, or other excusable reasons of similar urgency,
shall be considered as time worked for the purpose of computing overtime pay.
When Park Department foremen go on permanent night shift assignment, all overtime for these
employees in the Park Department will be based on the premium rate of pay (base pay plus shift
differential) for all overtime work performed.
Overtime shall be allocated within a department on a rotating basis within the classification that
normally performs the work, starting with the most senior qualified employee. The next round
of overtime shall begin with the next senior employee within the classification that normally
performs the work, not previously contacted for overtime. Once the list is at the bottom (least
senior employee within the classification that normally performs the work) the list will start
again with the most senior. All qualified bargaining unit members in the division shall be
offered overtime before members of other units.
Notwithstanding the foregoing, overtime in emergency situations shall be assigned as determined
by management in order to best address the emergency. In this event, employees required to
work overtime for the emergency will be skipped over the next time they would be
eligible for non- emergency overtime.
For the purposes of this section, seniority shall be calculated on the same basis as Job
Posting/Lay- offs and Recall.
The City and the Union will jointly maintain an updated overtime rotation list. The Union will
provide the City with any changes in contact information. These changes will be made to the list
as soon as they are received from the Union. Any errors in allocating overtime will be corrected
immediately by placing the missed individual at the top of the overtime list and giving him or her
the next overtime opportunity. This subsequent opportunity will be offered for the same number
of hours as the missed opportunity. The employee’s original position on the overtime list will
not change with this action. Corrections of errors in allocating overtime shall be handled in this
manner not more than once per individual employee per fiscal year.
Employees who agree to be “on call” shall be compensated one (1) hour of overtime rate (time and
a half) per day. The employee will be issued a pager or cell phone and respond to it if paged_or
called.
Overtime opportunities for street foremen shall be as follows:
List A: Street Foremen
List B: Other Street Department Foremen
List C: Other qualified UAW employees in the Street Department
List D: Park Department Foremen
List E: All other qualified UAW employees
Snow overtime opportunities for street foremen shall be as follows:
List A: Street Foremen
List B: Other Street Department Foremen
List C: Other Snow Route Foremen, not in the Street Department
List D: Other qualified UAW employees in the Street Department
List E: Park Department Foremen
List F: All other qualified UAW employees
In the event that no one volunteers for duties relative to snow operations, any new UAW employee
hired or promoted on or after June 2, 2003 is required to be available for snow-related overtime
and will be assigned by reverse seniority on a rotating basis.
Anyone who is on Earned Time Leave or who is under medical restrictions or who has reasonable
justification for not being available shall not be required to accept overtime assignments.
The City shall provide the Union with the qualifications necessary to assume, on a temporary
basis, the duties of a snow route foreman, and once an employee has been determined to
have these qualifications, the employee shall be included in List F.
The City shall provide any necessary training to allow employees to become qualified for
these snow operations.
Article 10
Seniority
Seniority shall be defined as the continuous length of service with the City of Nashua. For the
purpose of Lay-offs, Recall and Job Postings seniority shall be in accordance with the following:
Three points [3] shall be awarded for each completed year an employee works in a
specific department.
Two points [2] shall be awarded for each completed year an employee works in a specific
division, and out of the department.
One point [1] shall be awarded for each completed year an employee works for the City and out
of the division, and out of the department.
Seniority shall be based on the total number of points an employee has accumulated.
