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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
employee 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 parties 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
employees may request to have their Job Descriptions reviewed for possible upgrade.

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-ttme 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 employees 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 employee has applied, 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
employee has applied, 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 employees 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 employee 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 employees 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 employee has applied, external candidates may be considered.

Each new employee shall receive a copy of the current Collective Bargainng Agreement
covering the position (via electronic copy if appropriate) and be permitted reasonable time to
meet with a 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 employee’s name, address, position title, department, and work location within
five (5) business days of their employment 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 (30) 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 employee 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, absenteeism
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 layoff, then reverse seniority shall be utilized in
making the layoff 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 employee may exercise the same bumping rights in their
division.

Recall Provision:

Laid off employees shall be eligible for recall for a period of two (2) years from the date of layoff. 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
Holidays

Employees covered under this agreement shall receive straight time wages and not be required
to work on the following holidays, 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 years]
Presidents’ Day

In addition to the above days, two (2) holidays shall be determined by the Mayor in January of each
year.

Employees working in the Public Works Division, except for employees in the Engineering and
Administration Departments, 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 holidays listed above.

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Belonging/Welcoming

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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 payroll, the employee 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 employee 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 on a Sunday, and is observed on a Monday, said Monday 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.
Employees 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 employment.

An employee on a leave of absence should not accept employment 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 employee 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 employee 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 your immediate
family, up to a maximum of three (3) regularly scheduled workdays 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
employee’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.

Employees 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 Hampshire.

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

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1- pay the employee each week, the payment will include the difference between the amount
they are paid under Worker's Compensation and the amount of the employee's pay for
their regularly scheduled work week as in effect at the time of the injury.

2- make such supplemental payments for as long as the employee is disabled, but in no case
longer than six (6) months from the date of injury.

3- continue to accumulate all benefits [earned time] during the period in which the employee
is out on Workers' Compensation, up to six (6) months from the date of injury.

An employee injured while on the job and absent because of such injury shall be paid by the City
for the full day which the injury occurred.

Article 20
Tuition Reimbursement

The City shall continue to maintain the existing "tuition account" as a combined account for
Professional and Clerical/Technical employees covered under their respective collective
bargaining agreements with UAW Local 2322. Funds that are not used in any year will remain
available in subsequent years until spent. Tuition reimbursement will be available to employees
who are laid-off but have received approval for and commenced taking a course prior to their
layoff. The tuition monies will be administered by the Human Resource Department. Funds will
be disbursed on a first come, first served basis.

On July 1, 2020, July 1, 2021, July 1, 2022, and July 1, 2023, the City shall contribute the sum of
ten thousand dollars ($10,000.00) to the above-described "tuition account".

In addition, tf on June 30, 2021, 2022, 2023, or 2024, there are no remaining funds in the tuition
account and there are Professional or Clerical/Technical employees who have not received any
funding from the tuition account in that fiscal year, and who are eligible for reimbursement for
work-related courses, degrees, or certificate programs, then each fiscal year the City shall pay up
to three thousand dollars ($3,000.00) for said reimbursement.

Reimbursement is as follows:

Seventy five percent (75%) for courses taken in a work related degree or certificate program,
Seventy five percent (75%) for work related courses, and

Fifty percent (50%) for courses taken in a non-work related degree or certificate program, and
Fifty percent (50%) for "other" courses, non-work related, non-degree provisions pursuant to the
following:

Forms for the "other" courses must be submitted to the Human Resource Department by June
1" of each year. Monies will be disbursed on a first come first served basis and as funds permit.
No monies for "other" courses will be disbursed prior to June 1" of each year.

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Reimbursement eligibility is in the order set forth above to the limit of available funds. All
courses must be approved in advance by the Human Resources Department in order to be
eligible for reimbursement. Any single individual employee may utilize up to fifteen percent of
the total tuition account per fiscal year. However, if such an employee would be entitled to
additional reimbursement but for this limit, and there is any money remaining in the tuition
account at the end of the fiscal year, said employee can request additional remmbursement. The
Human Resources Department will develop such administrative policies and forms as may be
needed from time to time to efficiently administer this program.

Reimbursement is subject to the following:

Students enrolled in a bachelors degree, associates degree or certificate programs and students
taking non work related courses must achieve a "C" or better in the course to be reimbursed.

Students enrolled in graduate studies must achieve a "B" or better in the course to be reimbursed.

Students enrolled in "other" courses, including courses without grades, must show
documentation of completion of the course.

Mandatory Courses

Courses required to be taken by the City of Nashua, shall be reimbursed at one hundred percent
of all tuition, lab, registration and related expenses. The City shall fund all expenses separate of
the "tuition account" described above.

As part of the resolution to approve the cost items of this Agreement (July 1, 2020 — June 30,
2024), the parties agree that $37,871 shall be deducted from the tuition account and used for a
one-time agreed upon set of grade and step adjustments in the Clerical / Technical unit.

Article 21
Alternative Schedules

Employees shall ordinarily work five (5) eight (8) hour days per week as scheduled during
normal city business hours by management. Employees may request alternative schedules. In the
event that City operations warrant, management may establish alternative schedules. If
alternative schedules are not established for all employees performing the same duties, those
employees concerned may select the schedule they prefer on the basis of seniority up to the
number of employees to be assigned the alternative schedule.

Article 22
Long Term Disability (LTD)

Full time employees and part time employees working twenty (20) or more hours per week who
are covered by this agreement and who have been employed by the City for one (1) year on an
uninterrupted basis except by reason of layoff, on the job injury or approved leave of absence,
shall be covered for long term disability under a policy of insurance, the premium for which is to
be fully paid by the City, subject to such eligibility requirements and other terms and conditions

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as the carrier may establish. The City reserves the right to change long term disability insurers to
another commercially available program having overall comparability of coverage to that
currently in effect on the date of execution hereof, or to self insure said coverage. Employees are
encouraged to maintain adequate earned time balances to cover the elimination period for the
long term disability benefit in the event a claim is made.

Article 22A
Short Term Disability (STD)

The City of Nashua will offer Short Term Disability coverage to all employees covered under
this CBA. Participation in this program will be completely optional and funded entirely at the
employee’s expense.

The City of Nashua will provide administrative support in maintaining this program, similar to
what is currently offered to DPW employees.

Article 23
Health Insurance

The City shall provide, subject to the provisions of this article, upon request of an eligible member
of the bargaining unit, the amount of the premium specified below for an individual, two person,
or family plan, of one of the following:

(a) Point-of-Service-Plan (“POS”) with benefits comparable to those provided;

(b) Health Maintenance Organization (“HMO”) Plan with benefits comparable to those
provided;

(c) High Deductible Health Plan with Health Savings Account (SHDHP w/HSA") with
benefits comparable to those provided; or

(d) The city may make additional plans available to members with benefit levels and
premium cost sharing determined by the city in its sole discretion.

The option of the health care plan is at the sole discretion of the City. It is agreed by all
parties concerned that the city reserves and shall have the right to change insurance carriers

provided the
benefits to participants are comparable and the city elects the least expensive plan available
to provide such benefits.

Should the City determine that it is in the best interests of the City to offer a “comparable” plan
to either option “a”, “b”, or “c”. it shall provide at least one hundred twenty (120) days prior
written notice to the Union and documentation of the cost to members and the benefits that will be
provided under the comparable plan. Should the Union determine that the proposed plan is not

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