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Overtime op portunities for street foremen shall be as follows:
List A: Street Foremen
List B: Other Street Department Foremen
List C: Other qualified UAW emp loy ces in the Street Department
List D: Park Department Foremen
List E: All other qualified UAW emp loy ees

Snow overtime op portunities 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 emp loy ces in the Street Department
List E: Park Department Foremen
List F: All other qualified UAW employ ees

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.

Any one 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 employ ce 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. Forthe
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 y car 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 emp loy ee has accumulated.

For an examp le an emp loy ee with eleven y ears withthe City in continuous service, and as follows:

department division city
5 3 3

would have 24 points [5x3+3x2+3x]1].

The City shall furnish the Union Chairperson with an up-to-date Seniority List on a monthly basis.
The City will also furnish the names of all new hires, promotions, layoffs and terminations on
a weckly basis.

Seniority shall be broken for the following reasons:
a) If the employ ce quits or retires.
b) If the employ ce is discharged for just cause.
Cc) If the employ ee is laid off for a period of time greater than two (2) y ears.

Until an employee has served the probationary period, the employee has no seniority status and
may be discharged or laid off without cause. Upon successful comp letionof the probationary period,
semority will accrue retroactively to the date of hire.

The emp loy ee shall accumulate seniority while on an authorized leave of absence.

Article 11
Grievance Procedure

In the 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:

StepI An employee shall present an oral grievance with or without the assistance of
the Union to the employ ce’s immediate supervisor. The supervisor shall resp ond
to the grievance within five (5) working day s. If the grievance is not settled at this
step, the grievance may proceed to the next step. The employ ce will be paid at the
employ ee’s regular rate of pay for time spent presenting the oral grievance, if during
work hours. Any resolution of the grievance shall not be inconsistent with the
terms of this agreement. The Union shall be notified of the resolution of the
grievance.

Step Il The grievance shall be set forth in writing on the formas provided in Appendix C.
The grievance must be signed by the aggrieved employee and Union

Representative, and presented to the employ ce’s Department Head within five (5)
working days after receipt of the supervisor’s decision in step I.

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Step Il

Step IV

Step V

The Department Head will be given five (5) working days after the receipt of
the grievance to have a meeting with the aggrieved party and communicate a
decision in writing to the Union. If the grievance is not settled to the satisfaction of
the emp loy ee and the Union, or if no reply is communicated after the five (5)
working days, the grievance may proceed to Step III.

The city and the union may agree to proceed directly from Step Ito Step HI in an
effort to expedite the grievance process.

The Union will inform the Division Director and Human Resources M anager of
the grievance, in writing and within five (5) working days of the Department
Head’s decision or lack thereof. The Union shall provide the Division Director and
Human Resources M anager with copies of all prior communications. The Division
Director and/or the Human Resources M anager will be given ten (10) working day s
to jointly meet with the union representative and aggrieved emp loy ee and
communicate a written decision to the Union.

If the grievance is not settled to the satisfaction of the employ ce and the Union, or
if no reply has been communicated after the ten (10) working day s, the grievance
may proceed to Step IV for positions governed by an established Board of
Commissioners (Fire, BPW, etc.) and to Step V for all others.

The Union will inform the Board of Commissioners of the grievance, in writing
and within five (5) working day s of the Division Director’s decision or lack thereof.
The Union shall provide the Board with copies of all prior communications. The
Board of Commissioners will be given twenty (20) working day s to meet with the
union representative, with or without the aggrieved party , and communicate a
written decision to the Union. If the grievance is not settled to the satisfaction of
the employ ee and the Union, or if no reply has been communicated after the twenty
(20) working days, the grievance may proceed to Step V.

Within twenty (20) working day s of the Division Director's and/or Human
Resources M anager’s, or applicable Board of Commissioners decision, or
expiration of the decision period, the Union will have the option of submitting
the grievance to arbitration. The Union shall inform the Human Resources
Manager in writing of its decision to arbitrate.

The choice of Arbitrator shall be by agreement of the two parties. However, if
no such agreement has been reached within ten (10) working days notice of
intent to arbitrate, the grievance may be referred to the Public Employ ce Labor
Relations Board for the selection of the arbitrator in accordance with the procedures
then obtaining All decisions of the arbitrator shall be binding. The arbitrator shall
have no authority to award a monetary remedy hereunder other than for lost
compensation which would have been otherwise received pursuant to the terms of
this agreement.

The operation of this grievance and arbitration agreement shall be subject to
the provisions of Chapter 542 of the New Hampshire Revised Statutes Annotated.

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Time Limitations

The city and the union may waive steps or extend the time for any action stated above by mutual
consent in writing, but all the steps of this procedure shall be handled as expeditiously as possible
with a view to promoting and maintaining harmony. Request of either party for extensions of
time shall not be unreasonably denied.

Failure at any step of this procedure by the City to communicate a decision in writing on a
grievance within the time specified shall permit an appeal of the grievance to the next step. Failure
at any step of this procedure to appeal a grievance to the next step within the specified time
limits shall be deemed to be acceptance of the decision rendered at the step.

No grievance will be considered unless it is presented in Step I within 15 days of the date that the
emp loy ee and/or union became aware that a contract violation may have occurred.

Right to Withdraw
The aggrieved party has the right to withdraw the grievance at any time during the proceedings.

Union Representation

The City will allow the grieved party reasonable time to meet with Union representatives for
the purpose of discussing and presenting the grievance. Whenever possible, the Union
representative will notify their immediate supervisor when they are meeting with the grieved party .

Fees
The fees and expenses charged by the arbitrator shall be shared equally by the City and the Union.

Mediation

Grievance Mediation may take place, at no cost to either party, in the grievance procedure at
any time if agreed by both parties. Either party may submit a request to the other requesting
Grievance Mediation. The partics may use any mediator or service, including the Federal
Mediation and Conciliation Service or may agree to mediate without a third party.

Article 12
Job Posting/Lay -Offs/Recall

Each position shall be defined by a Job Description. All Job Descriptions shall be reviewed and
evaluated and assigned a grade. The Union shall have input in the Job Description process and
shall be notified when any Job Description is being created, under review, being reevaluated or
has been requested to be reevaluated.

Effective upon the ratification of this agreement, the City and the Union agree to meet and
discuss the criteria for use in determining upgrades for positions and the procedures by which
emp loy ees may request to have their Job Descriptions reviewed for possible up grade.

Eligibility: All vacancies in positions within the bargaining unit will be subject to the
posting procedures specified in this Article. When filling vacancies for positions covered by this
Agreement, current regular full-time and part-time UAW bargaining unit employees who
have completed their probationary period are eligible to apply for a vacant position.

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General Posting Policy:

Internal Postings - A notice of position vacancy shall be communicated to all UAW bargaining
unit employees. The notice of position vacancy will be distributed to every department and posted
on the City's bulletin boards for five (5) working days to allow qualified eligible employ ces to
apply. Notices will not be posted on Mondays. The notices will include information on job
title, grade, salary /hourly rate, department, Union Affiliation, brief description of the job content,
and position qualifications. If after the posting of the notice, no qualified employ ee has ap plied, the
notice of vacancy shall be posted extemally in accordance with the Human Resource Department
requirements. However, positions with a grade of 6 or less can be posted internally and externally
at the same time. The City agrees to consult with the Union, and for those vacancies for which it is
reasonably likely that no qualified internal candidates exist, the positions can be posted internally
and externally at the same time. If in the first five working days of the posting, no qualified
emp loy ee has ap plied, external candidates may be considered.

Within 60 days of a permanent opening, the City shall either post the position and fill it as
stated above or eliminate the position with such notice to the Union. The City can request an
extension of time to fill an opening, which will not be unreasonably denied by the Union.

The settlement agreement concerning job postings Dated July 25, 2005 is incorporated into this
agreement as follows:

1. The UAW agrees that internal job postings of supervisory or administrative positions in
UAW-represented bargaining units will be first communicated to all UAW and AFSCME
bargaining unit employees. The job postings will be distributed to every department and posted
on the City's bulletin boards for five working days to allow qualified eligible employ ees to apply.
If after the posting of the notice, no qualified employee has applied, the job posting shall be
posted externally in accordance with Human Resource Department requirements.

It is understood that under AFSCME's collective bargaining agreement with regard to
promotions to supervisory or administrative positions, the language in its 2002-2006 agreement
and any successor agreement shall continue to limit AFSCME to grieving only issues of City
notice and consideration for the posting and not the City's emp loy ee selection.

It is further understood that under UAW's collective bargaining agreement with regard to Article
12, Job Posting / Lay -Offs / Recall, the language in any successor agreement shall incorporate
the understanding set forth in this paragraph and no further negotiation shall be required of the
UAW by the City on internal postings.

2. [Omitted intentionally .]

3. The City agrees that with regard to vacant or newly created merit positions, a notice of
position vacancy shall be communicated to all merit and UAW bargaining unit emp loy ces before
notice is communicated to other City or external candidates. Such first notice shall be distributed
to every department and posted on the City's bulletin boards for five working days to allow
qualified eligible UAW bargaining unit employees to apply. If after the posting of the notice no
qualified UAW bargaining unit member has applied, the notice of vacancy shall be posted
externally in accordance with the Human Resource Department requirements.

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Selection of qualified candidate:

The hiring manager shall make the final decision when filling the position; however, the
guidelines for filling any open position prior to commencing work are based upon the
employee's ability, qualifications, experience, background check, and/or a driving record
check and the ability to successfully pass a physical examination, if required for the vacant
position. The best qualified candidate shall be selected. Where qualifications between applicants
are relatively equal, seniority as calculated in Article 10 will be used to award the position.

The notice for vacant positions shall not be posted, externally, until all internal applications
have been reviewed and/or interviewed. However, positions with a grade of 6 or less can be posted
internally and externally at the same time. If in the first five working days of the posting, no
qualified employ ee has applied, external candidates may be considered.

Each new employee shall receive a copy of the current Collective Bargaining Agreement
covering the position (via electronic copy if appropriate) and be permitted reasonable time to
meet witha Union representative. The city shall notify the union on or before the hiring date of any
new UAW employee so that the union may send a representative to meet with the employee at the
time of hire.

The City shall notify the Union (via email if appropriate) of each new employee as they are
hired, including the employ ee’s name, address, position title, department, and work location within
five (5) business day s of their employ ment with the City .

Promotional Opportunities:

A promotional employee shall have a performance evaluation completed at least once during
the probationary period. Should the promotional employee's performance be unsatisfactory, or
should the promotional employee find the job unsatisfactory anytime during the promotional
probationary period, the promotional employee shall be entitled to return to the position from
which promoted within thirty (30) days of the promotion, unless extended for an additional
thirty (0) days by management.

Probationary Period:

The probationary period for all new hires will be at least ninety (90) calendar days and may
be extended by management in order to provide the employ ce additional time to be successful. In
no case will the probationary period be more than 180 days. For promotional employees, the
probationary period is 30 calendar days, unless extended as above.

Rate of Pay:

Persons appointed to positions for the first time shall be paid an amount within the established
range for the position. All promotional probationary employees are eligible for any and all overtime
opportunities.

Lay-Off Provision:

Management reserves the right to lay-off employees as deemed necessary to conduct its
operations. In the event of layoff management will give 30 days written notice to affected
employees. When making layoff decisions, such factors as job performance, absentecism
record, and workload of personnel will be considered. If management finds all factors to be

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reasonably equal for the employees subject to lay off, then reverse seniority shall be utilized in
making the lay off decision. In cases where an employee has five (5) or more years of seniority,
the employee shall be eligible to bump the least senior employee remaining in a position class
series in his/her department for which he/she is qualified, if any. In the event that there is no one
available to bump in the department, the employ ce may exercise the same bump ing rights in their
division.

Recall Provision:

Laid off emp loy ees shall be eligible for recall for a period of two (2) y ears from the date of lay off A
laid off employee shall be given preference for any position which he/she may be qualified
during said period. Recalled employees must be qualified for the position to which recalled. The
Human Resource Department shall send notices of other position vacancies to all employees
eligible for recall to their last known address.

Article 13
Distribution of this Agreement

Upon final execution of this Agreement, the City shall print and distribute or distribute via email
an initial copy of this Agreement to all unit members in the employ of the City as of the execution
date. The Union shall be responsible for distributing a copy of the Agreement to all unit members
hired after the date of execution.

Article 14
Holiday s

Emp loy ees covered under this agreement shall receive straight time wages and not be required
to work on the following holiday s, except as otherwise provided in this article:

New Years

Martin Luther King, Jr. Day

Memorial Day

Independence Day

Labor Day

Veteran's Day

Thanksgiving Day

Christmas

Presidential Election Day [every four y ears]
Presidents’ Day

In addition to the above day s, two (2) holidays shall be determined by the Mayor in January of each
y car.

Employ ees working in the Public Works Division

shall have the same holidays as those specified in Article 15A of the
collective bargaining agreement between the Board of Public Works of the City of Nashua and
Local 365 of the American Federation of State, County and Municipal Employees, AFL-CIO,
provided that the total number of holidays shall be no less than holiday s listed above.

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Employees required to work a holiday shall receive one and one half (1.5) their usual straight
time rate of pay for hours worked. In addition they shall receive holiday pay unless, prior to
submission of the weekly pay roll, the emp loy ce requests in writing to take the holiday time off on
a scheduled work day satisfactory to management, within three (3) months from the date of the

holiday .

When a holiday occurs during scheduled time off, the holiday shall be paid at straight time and
the employ ee will not be charged with earned time for that day .

If a holiday falls on a Saturday and is observed on a Friday, said Friday shall be a paid holiday . If
a holiday falls ona Sunday, and is observed on a Monday , said M onday shall be a paid holiday .

Article 15
Unpaid Leaves

A leave of absence is an unpaid, excused absence approved in advanced by the employees
immediate supervisor, department head, division director and the Human Resource Department.
Emp loy ees on a leave of absence shall receive no pay from the City.

Request for leave of absence shall be documented for approval on a personnel action form. The
City shall have no obligation to grant unpaid leave of absences, but will endeavor to do so where
reasonable and consistent with its operational needs.

Failure on the part of an employee on a leave of absence to report at its expiration, shall be cause
for termination of employ ment.

An employee on a leave of absence should not accept employ ment or conduct a business unless
the activity was previously approved by the Human Resource Department.

Employees who are absent because of non-occupational illness or disability may be granted
unpaid leave of absence after the expiration of all benefits, earned time and sick pool leave to
which the employ ee is entitled.

Employees shall not be entitled to bereavement leave pay or holiday pay while on an unpaid
leave of absence.

Earned time benefits will not accrue for the employ ce on an unpaid leave.

Payment of Health, Dental and Life Insurance Benefits While on Unpaid Leaves

During a leave of absence for personal illness, the City will continue to pay its portion of health,
dental and life insurance premiums, for up to six (6) months. The employee will continue to pay
their portion of the premiums during that period, and thereafter shall pay 100% of the cost to

continue coverage.

Payment of group insurance premiums during a leave of absence must be arranged in advance
with the Human Resource Department and the Risk Management Department.

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Article 16
Bereavement Leave

The City permits absence from scheduled work with pay necessitated by death in y our immediate
family , up to a maximum of three (3) regularly scheduled workday s at their straight time rate of
pay per occurrence.

The immediate family includes the employee’s spouse or domestic partner and the following
relatives of the employee, employee’s spouse or employee's domestic partner: children, step-
children, brother, step-brother, sister, step-sister, parents, step-parents, grandparents,
grandchildren, daughter-in-law, son-in-law. The term child includes the loss of the fetus after the
second trimester of the pregnancy .

The City permits absence from scheduled work with pay necessitated by death of an employee or
emp loy ee’s spouse’s or domestic partner’s aunt or uncle, niece or nephew or the loss of a fetus
after the first trimester of the pregnancy, for one (1) regularly scheduled workday at their straight
time rate of pay per occurrence.

Employees may be required to submit official notice or medical verification to substantiate the
bereavement leave request.

Emp loy ees on a scheduled leave of absence are not eligible for bereavement leave pay.

In the event the death for which leave is taken occurs during use of Earned Time, in accordance
with Article 41, and the employee desires to take bereavement leave during that period of the
usage of Earned Time, the bereavement time taken during the use of Earned Time shall not be
charged against the employee’s Earned Time accruals.

Article 17
[Deleted]

Article 18
Jury Duty Pay

All persons covered under this agreement which are called upon to serve as a juror will be paid
the difference between the fee received for such service and the amount of straight time earnings
lost due to the jury duty.

Article 19
Workers' Compensation

Workers' compensation shall be provided by the City with coverage as specified in legislation
of the State of New Hamp shire.

In the event an employ ce is injured on the job and is collecting workers' compensation, the City
agrees to:

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