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ARTICLE 33: SENIORITY

DEFINITIONS:

A.

B.

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

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

SENIORITY POLICIES:

A.

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

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

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

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

Rehires: If an employee resigns from a position within this bargaining unit and returns to the

bargaining unit within twelve months, the employee will regain his seniority and the accrual rate
that was effective at the date of resignation.

ARTICLE 34: LAYOFFS, RECALLS, & VOLUNTARY RESIGNATIONS

LAYOFFS:

A.

B,

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

Primary Determining Factors: When making any layoff decisions, the primary determining
factors that will be considered are job performance, absenteeism record, and the workload & the
number of personnel within a particular bureau, division, or shift. If the listed factors are the same
when considering layoff decisions, the full-time continuous date of employment with the Nashua
Police Department will be considered.

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

EMPLOYEE CLASSIFICATIONS:

A.

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

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

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

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

RECALLS:

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

VOLUNTARY RESIGNATIONS:

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

ARTICLE 35: BULLETIN BOARD

LOCATION AND POSTING OF UNION MATERIALS:

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

APPROVAL, REMOVAL, & REVIEWING OF POSTED UNION MATERIALS:

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

ELECTRONIC MAIL:

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

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

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

ARTICLE 36: PARTIAL INVALIDITY, SEPARABILITY, & COMPLIANCE WITH LAWS

INVALID OR UNENFORCEABLE PROVISIONS WITHIN THE AGREEMENT:

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

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

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

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

ARTICLE 37: EDUCATIONAL REIMBURSEMENT, MANDATED TRAINING,
& PROFESSIONAL AFFILIATIONS/LICENSING
AVAILABLE FUNDING:

The Commission shall allocate an amount of $620,000 to spend on educational benefits (tuition
reimbursement) for all department members per fiscal year.

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

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

COURSE REIMBURSEMENT CRITERIA:

The maximum amount the Department will pay per class is $900 during the fiscal year. The Commission
shall reimburse employees up to 100% of the tuition costs for one course successfully completed during
the academic term for a degree- or certificate-related program under the following conditions

A. Degree/Certificate Program: The course selected by the employee must be part of a degree or
certificate program and approved by the Chief or designee prior to enrollment;

B. Accredited: The course must be taken at an accredited college or university;

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C. Satisfactory Grade: The employee must receive a passing grade of "C" (or its equivalent) or
better.

D. Job-Related: The degree or certificate program must be job-related. The final decision of whether
or not the degree or certificate program is job-related shall be determined solely at the discretion
of the Chief.

BOOKS AND/OR RELATED FEES:

The City does not reimburse employees for books and/or related fees.

MANDATED TRAINING:

Employees who are mandated to participate in programs or workshops/conferences will be reimbursed at
100%,

PROFESSIONAL AFFILIATIONS/LICENSING:

The Department shail bear the cost of all licenses and/or certifications required by various regulatory
agencies (local, state, and federal) to maintain the employee’s required certifications and licenses relating
to their current position within the Department.

GRIEVANCE POLICY:

This article shall not be subject to the grievance procedure.

EDUCATIONAL INCENTIVE:

AVAILABILITY: On a yearly basis, employees shall be paid on the Thursday following December 1st ina
lump sum of the following:

1. $500 for attaining an Associate’s Degree
2. $1,000 for attaining a Bachelor’s Degree
3. $1,250 for attaining a Master’s Degree

RESTRICTIONS:
1. Duplicate Degrees: Employees shall receive only one lump sum ($500) for an Associate’s Degree
no matter how many Associate’s Degrees the member has; only one lump sum ($1,000) for a
Bachelor's Degree no matter how many Bachelor's Degrees the member has; and, only one lump
sum ($1,250) for a Master's Degree, no matter how many Masier’s Degrees an employee has.

2. Master’s Degree: Members shall receive only one incentive ($1,250) for attaining a Master’s
Degree. They shall not receive an additional incentive ($1,000) for their Bachelor's Degree, as this
is a prerequisite for a Master's Degree.

3. Submission by Deadline: It is the responsibility of members to submit a copy of their degree by
November 1st for the yearly December 1st payment (closest to the normal payday) to the Financial
Services Division. Thereafter, it is not needed to submit a copy every year.

4. Degree Earned After Deadline: If members do not submit a copy of their degree, or earns the
degree after the deadline, they shall not become eligible to receive the Educational Incentive until
the following year.

ARTICLE 38: WAIVER

RIGHTS DURING NEGOTIATIONS:

The parties acknowledge that during the negotiations which resulted in this Agreement, each had the
unlimited right and opportunity to make demands and proposals with respect to any subject or matter not
removed by law from the area of collective bargaining and that the understandings and agreements arrived
at by the parties after the exercise of that right and opportunity are set forth in this Agreement.

NO OBLIGATION TO REOPEN CONTRACT NEGOTIATIONS FOR ANY SUBJECT OR MATTER:

A. Matters Referred to or Contained Within Agreement: Therefore, the parties for the life of this
Agreement voluntarily and unqualifiedly waive the right, and each agrees that the other shall not
be obligated to reopen contract negotiations with respect to any subject or matter referred to or
covered in this Agreement.

B. Matters Not Referred to or Contained Within Agreement: Further, the parties, for the life of this
Agreement, voluntarily and unqualifiedly waive the right, and each agrees that the other shall not
be obligated to reopen contract negotiations with respect to any subject or matter not specifically
referred to or covered in this Agreement, even though such subject or matter may not have been
within the knowledge or contemplation of any of the parties at the time this Agreement was
negotiated or signed. The parties may, however, voluntarily agree to reopen contract negotiations
on any subject at any time.

SUPERSEDING OF ALL PREVIOUS WRITTEN/ORAL AGREEMENTS OR UNDERSTANDINGS:

This Agreement contains all of the agreements and understandings between the parties; and supersedes
all previous agreements and understandings, and no oral agreement or understanding survives the
execution hereof.

ARTICLE 39: DEFERRED COMPENSATION PROGRAM
A Deferred Compensation Program is eligible to employees as long as it is offered by the City of Nashua
and no additional costs are incurred by the Department as a result of employee participation in the
Program.

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ARTICLE 40: DURATION OF AGREEMENT

This Agreement between the Union and the Department is a five year agreement, commencing on July 1,
2018, and expiring at midnight on June 30, 2023. A party desiring to negotiate a successor agreement
hereto shall give notice to the other party at least one hundred twenty (120) days in advance of the
expiration date hereof. If such notice is given, the parties shall negotiate a successor agreement in good
faith in advance of the expiration hereof if possible, and, if said successor agreement has not been executed
prior to said expiration date, then the parties shall conduct themselves in accordance with the principal of
"status quo”, or as otherwise required by law. The terms of this contract are retroactive to July 1, 2018.

AGREED io by and between the parties at Nashua, New Hampshire, as evidenced by the signatures of

their duly authorized representatives, set forth below, this day of :
NASHUA BOARD OF POLICE UFPO Local 645 Professional Employees
COMMISSIONERS of Nashua Police Department
WITNESSES:

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APPENDIX #A:

FILL BOXES MARKED WITH AN (X)

REQUEST AND AUTHORIZATION FOR VOLUNTARY ALLOTMENT OF COMPENSATION FOR
PAYMENT OF EMPLOYEE ORGANIZATION DUES AND REQUEST THE UNITED FEDERATION OF
POLICE OFFICERS’ TO ACT AS MY EXCLUSIVE COLLECTIVE BARGAINING AGENT

NAME OF EMPLOYEE (Print Last Name, First, Middle) IDENTIFICATION NO. (Sec. Sec. or Other)
HOME ADDRESS (Street and Number) CITY AND STATE ZIP CODE
PHONE DEPARTMENT Nashua Police Department Professional Emplovees

NAME OF EMPLOYEE ORGANIZATION

UNITED FEDERATION OF POLICE OFFICERS’ LOCAL __645

[ ] | hereby certify that the regular dues of United Federation of Police Officers’ for the above
named member are currently established at $ nion rep for per week.

(X) (X)
SIGNATURE AND TITLE OF AUTHORIZED OFFICE (President or Treasurer) DATE
| HEREBY AUTHORIZE THE ABOVE NAMED AGENT TO DEDUCT FROM MY PAY EACH PAY PERIOD, OR THE FIRST FULL PAY
PERIOD OF EACH MONTH THE AMOUNT CERTIFIED ABOVE AS THE REGULAR DUES AND TO REMIT SUCH AMOUNTS TO THE
NEW ENGLAND POLICE BENEVOLENT ASSOCIATION IN ACCORDANCE WITH ITS ARRANGEMENTS WITH MY EMPLOYING

AGENCY. ] FURTHER AUTHORIZE ANY CHANGE IN THE AMOUNT TO BE DEDUCTED WHICH IS CERTIFIED BY THE ABOVE
NAMED EMPLOYEE ORGANIZATION AS A UNIFORM CHANGE IN ITS QUES STRUCTURE

(X) (X)

SIGNATURE OF EMPLOYEE DATE

* COPY SHOULD BE SENT TO: Treasurer, United Federation of Police Officers’, P.O. Box 97, Hampton, NH 0384

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APPENDIX #B:

UFPO Local 645 Professional Employees of the Nashua Police Department

DESIGNATION OF BENEFICIARY FORM

To: Nashua Police Department

Date:

| would like to designate the following individual(s) as my beneficiary for:

Accrued Sick Leave |_|

Accrued Vacation Leave [_ |

Beneficiary #1

(Name) (Relationship)
(Address}
Beneficiary #2
(Name} {Relationship)
(Address}
(Printed Name} (Signature)

Original: Personnel File

Copy: City of Nashua, HR Dept.

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Board of Aldermen Page 14
May 10, 2016

A Viva Voce Roll Call was taken, which resulted as follows:

Yea: Alderman Deane, Alderman Cookson, Alderman Siegel, 7
Alderman Schoneman, Alderman McGuinness, Alderman LeBrun,
Alderman Moriarty

Nay: Alderman Wilshire, Alderman Clemons, Alderman Dowd, 8
Alderman Caron, Alderwoman Melizzi-Golja, Alderman O’Brien,
Alderman Lopez, Alderman McCarthy

MOTION FAILS
MOTION BY ALDERMAN CLEMONS TO INDEFINITELY POSTPONE O-16-011

ON THE QUESTION

Alderman Lopez

| just want to point out that I’m not opposed to the idea, | would just personally prefer a direct link between how
it would benefit our schools. Something along the lines of a percentage of...at least knowing how much the
charter schools currently serve Nashua would help me make the decision. I’m not really in favor of indefinitely
postponing it.

MOTION BY ALDERMAN DEANE TO TABLE
MOTION CARRIED

NEW BUSINESS — RESOLUTIONS

R-16-033
Endorser: Mayor Jim Donchess
AUTHORIZING THE MAYOR AND CITY TREASURER TO ISSUE BONDS NOT TO
EXCEED THE AMOUNT OF TWO MILLION TWO HUNDRED THOUSAND DOLLARS ($2,200,000) FOR
THE PURCHASE AND INSTALLATION OF A CITYWIDE TELECOM
SYSTEM
Given its first reading;

MOTION BY ALDERMAN DOWD TO ACCEPT THE FIRST READING OF R-16-033 BY ROLL CALL,
ASSIGN IT TO THE BUDGET REVIEW COMMITTEE AND THAT A PUBLIC HEARING BE SCHEDULED
FOR MONDAY, MAY 23, 2016, AT 7:00 PM IN THE ALDERMANIC CHAMBER

A Viva Voce Roll Call was taken, which resulted as follows:
Yea: Alderman Wilshire, Alderman Clemons, Alderman Deane, 15
Alderman Cookson, Alderman Dowd, Alderman Caron,
Alderman Siegel, Alderman Schoneman, Alderwoman Melizzi-Golja,
Alderman McGuinness, Alderman LeBrun, Alderman Moriarty,
Alderman O’Brien, Alderman Lopez, Alderman McCarthy
Nay: 0

MOTION CARRIED

APPENDIX #C:
UFPO Local 645 Professional Employees of the Nashua Police Department
SICK BANK TRANSFER FORM

Directions: Eligible members will complete the form and submit it to the UFPO of the Nashua
Police Department Sick Bank Committee Chairman or other member of the Committee in
his/her absence. The Chairman or designee will be responsible for taking the necessary actions
to have the transfer take place and to monitor said transfer into the Sick Bank.

Date:

To: City of Nashua, Payroll Department

| would like to participate in the Sick Leave Bank of the UFPO of the Nashua Police
Department.

| wish to donate the following number of sick days to the
Program:

(Printed Name)

{Signature}

SICK BANK COMMITTEE

(Printed Name}

{Signature}

Cc: NPD, Sick Bank Committee

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