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Table of Contents

ARTICLE 1: PURPOSE 0000... cece eceeccesscsessereeeeecceeeecsecsenecseacsecsesecsecsesececesesessssassassesasensessessraseaesessees l
ARTICLE 2: RECOGNITION 000... cccseseesececseneeenseeaceeeaeeaeseseeseceesecseserseseesscaesusserssesesesessanassessens l
ARTICLE 3: DEFINITIONS... cecesesstsssseevsesescseevacserevscserevseseeseaseseasacnenevacseresseneeasaveneenseeaeasees l
ARTICLE 4: MANAGEMENT RIGHTS. ............c.. eee eeceesceceesstenetenstatsnsesssevevsvsscsesesessseessesescaneressees 2
ARTICLE 5: ASSOCIATION MEMBERSHIP, DEDUCTION OF DUES, & FAIR SHARE .......... 3
ARTICLE 6: EMPLOYEE RIGHTS... cece cesesessesesseseseseceeastecscscecescscseescsesceecseseeaseaeeesenensneeatats 4
ARTICLE 7: STRIKES, STOPPAGES, AND LOCKOUTS 00 ceeeseeesesestseeesteeenseseesesnsenny 6
ARTICLE 8A: SHOP STEWARD/INVESTIGATION OF ISSUES 2.0.0... ceseeseeeeeseseeeeeeeeees 7
ARTICLE 8B: GRIEVANCE PROCEDURE... ccc eee eee eee eeeeneeesene nee tecseescsesaeeneees 7
ARTICLE 9: SENIORITY 00... ceccccscscesesecsenecsessearaaescssscesscscsscsasscneceeenaueavsessssessecsaeeeseeeesecsassaeees 9
ARTICLE 10: VACATION 0... ccc ce rescesetssesssscnecseecseeeeenesceeeeeeaesecseceereveeeesetsaneeseseemsessesesseaege 10
ARTICLE 11: LONGEVITY 000 ccc ceeeeeeeeeceseneeereeneneteeaescsesesssssseserssesesessesesesaescaessescseseeseseeas 11
ARTICLE 12: HOLIDAYS 00... eee eeceteeeereeeeeseteeceeseneneseeteneeaetene renee enenteseeeeetieseeetieedciessasseeneaeeeee 12
ARTICLE 13: CLOTHING ALLOWANCE. 0... ceeeeeeteerenerereeneerenenee teenie tiseeseeeeeisieaeeeae 12
ARTICLE 14: MEDICAL & DENTAL INSURANCES AND... eeeceneeeceneteesesesesnens 13
LONG TERM DISABILITY PLAN... ce ccescessesscesesescescscseesesereensessnerscrerscssssssasseasseessenssananeeees 13

MEDICAL INSURANCE 0c cstseeescetenseseesteresesesensacsseecsracseseeseseceeseseeseseseeseseseenenenrsesee 13

DENTAL INSURANCE? o.oo. ccc cccccseeeteereeeeresssecseessssssessesusassessessssescneneenscneseensenenscaseneasensnesaeas 14

LONG-TERM DISABILITY: 00.0... cece recess esescnensneeseneeracaesececsenssseesessssetecsesseseseesesesusseseseeneasetes 15
ARTICLE 144A: WELLNESS REIMBURSEMENT ALLOWANCE .....0000... cc ceccseeeseseseeeeneeeeenens 15
ARTICLE 15: LIFE INSURANCE o.oo ec cececetseseeneneeseneenerecsesssessssseeecsscesssacensnsinsecaseaseeneegs 15
ARTICLE 16: EDUCATIONAL BENEFITS... ec ceessseeeesesesesescsnssssseeeesseescsaseseeseeeessneeees 15
ARTICLE 17: WORK SCHEDULE 0.0 ccneenenseeneneetenenseseecserseseeseeeesenseseeneeees 16
ARTICLE 18: SICK LEAVE 1... ee eccereeseeeseeneetecenteeaseecscenersesessesdsigcrsescssersiessesasessseeseseeseeceees 17
ARTICLE 19: BEREAVEMENT LEAVE... ccc eccescsseccsecseneereeeenersensessecseeseeceseeseecseneeseeaeeces 18
ARTICLE 20: EMERGENCY LEAVE... cccescenseeceseeeasecesereseesseeesesssceseeassceeesseseeseeseensseseeses 19
ARTICLE 21: PERSONAL DAYS ooo cece ccsenensensenssersesscesenseneseeseeessesesesseessesseeeeeeeaaees 20
ARTICLE 22: EXCHANGE OF WORKDAYS.....000ooc ccc cccccstststseretesseseeeseseesessssessesenesanensensnsenes 20
ARTICLE 23: SHIFT EXCHANGES ....0o.ooo ccc ce ccene eens cesceseesansntsesserssecessesassresssssseessasaeseeesaesas 21
ARTICLE 24: OVERTIME Qo... cc ceeccccccsenseeceecsscseesscsscseeecsceenessseesssesssssscsssaseaseasasaseasazeesaeeeneegs 21
ARTICLE 25: COMPENSATORY TIME... eecceseessssesssscsscsceecnscseeecsvsessesessscsseeseeesesasassaneeeeens 22
ARTICLE 26: OUTSIDE DETAILS 0.0.00. eect teeserserecsesstseseseeseesessesesessessnsesssenseeseneeseessaenenee 22

ARTICLE 27:
ARTICLE 28:
ARTICLE 29:
ARTICLE 30:
ARTICLE 31:
ARTICLE 32:
ARTICLE 33:

PARTIAL INVALIDITY AND SEPARABILITY .....000.. cece ceesececeteneeeneeeeeeeeeees 25
WAIVER .........ccccccccessesceccnenecserecacereressescenceccneeneceesecscsecaseecnesaeuuvassscsensesecsesacacaeasesussesneseeens 25
COLLECTIVE BARGAINING MEETINGS AND CONTRACT ..... eee 26
TERM OF AGREEMENT ......0......csccccsssscesescecresceserecseneersnenassaceeeeserereseeeranseerseeenenecanes 27

il

PREAMBLE

Pursuant to New Hampshire Revised Statutes Annotated, RSA 273-A, and other applicable laws
and ordinances, this Agreement is entered into between the Nashua Board of Police
Commissioners, hereinafter referred to as the "Commission" and the Nashua Police Supervisors
Association, hereinafter referred to as the "Association."

In applying this Agreement, the use of the masculine shall be construed to include the feminine.
The use of fhe singular shall be construed to include the plural.

ARTICLE 1: PURPOSE

It is the purpose of this Agreement to promote and maintain harmony, cooperation, and
understanding between the Commission and the Association In fulfilling their mutual and
respective Obligations to each other and to the citizens of the City of Nashua.

lt is further the purpose of this Agreement to provide orderly collective bargaining relations
between the Commission and the Association and to secure prompt and fair disposition of
grievances in order to assure the efficient operation of the Nashua Police Department and
uninterrupted service to the citizens of Nashua.

ARTICLE 2: RECOGNITION

Pursuant to the modification of a certification issued by the NH Public Employee Labor Relations
Board, the Commission recognizes the Nashua Police Supervisor Association, NEPBA, Local
#25, having been designated and selected by a majority of the employees in the unit described
as Sergeants and Lieutenants for the purposes of collective negotiations and the settlement of
grievances.

ARTICLE 3: DEFINITIONS

A. BOARD OF POLICE COMMISSIONERS: Police Commissioners appointed in accordance
with Chapter 1, Section A-101, of the Nashua Revised ordinances.

B. ASSOCIATION: Nashua Police Supervisors Association.

C. CHIEF: Chief of Police of the Nashua, New Hampshire, Police Department.
D. CITY: The City of Nashua, New Hampshire.

E, COMMISSION: The Board of Police Commissioners.

F, DEPARTMENT: The Nashua, New Hampshire, Police Department and its administrative
staff.

G. EMPLOYEE: Supervisory Officers of the Nashua Police Department who have attained
the rank of Lieutenant and Sergeant.

H. GRIEVANCE: A written complaint signed by one or more employees or the Association,
or the Commission, which alleges a violation, misinterpretation or misapplication of any grievable
provision of this Agreement.

I. GRIEVANT: The person or party filing and signing the grievance.

J. MANAGEMENT/STAFF MEMBERS: The Commission, the Chief, the Deputy Chief of
Operations, and Bureau Commanders.

K. RESPONDING AUTHORITY: The person or party to whom the grievance is presented.

ARTICLE 4: MANAGEMENT RIGHTS

A. The Commission, and its designees, shall retain all such rights, powers, and authority
vesied in it by virtue of the statutes of the State of New Hampshire including the following:

1. To control the management and administration of the department.

2. To hire, promote, transfer, assign, retain, and direct employees within the
department.

3. To suspend, demote, discharge, and take other disciplinary actions against

employees for just cause.

4, To issue, modify, and enforce Rules and Regulations which do not violate the terms
of RSA 273-A:4 | (i).

5. To determine the methods, means, and personnel by which department operations
are to be conducted.

6. To determine the content of Job Classifications.

7. To exercise complete control and discretion over its organization and the
technology of performing its work.

8. To determine the standards of selection for employment and the standards of
service to be offered by the department.

9. To exercise managerial policy as set forth in RSA 273-All, XI.

B. The foregoing are set out for purposes of illustration and not limitation; and, the
Commission further retains all such rights, powers, and authority not otherwise specifically
relinquished, restricted, or modified by the terms of this Agreement, whether exercised or
not.

C. The foregoing rights, responsibilities, and prerogatives delegated to the Commission by
statute shall not be subject to the grievance procedure hereunder.

ARTICLE 5: ASSOCIATION MEMBERSHIP, DEDUCTION OF DUES, & FAIR SHARE

Open Shop:
No employee shall be required to join or maintain membership in the Association as a condition

of acquiring or continuing employment.

Non-Member/Fair Share:

Any employee who seeks representation for an incident, which occurred while he was not a
member of the Association, shall pay for any and all costs associated with the representation,
including reasonable legal fees as determined by the Union.

Dues Deduction:

A, An employee who is, or who may become, a member of the Association may execute a
form (to be approved by the Commission) authorizing that a portion of his salary
representing monthly dues, be withheld and forwarded to the Treasurer of the Association.

B. Upon receiving a properly executed Authorization and Assignment Form from an
employee covered by this Agreement, the Commission shall cause the City Comptroller
to deduct from salary due, the amount authorized by the employee.

1. The deduction of such dues shall be made pursuant to the policies and procedures
of the City.
2. The deduction shall be only in the amount certified in writing by the President or the

Treasurer of the Association as representing monthly dues uniformly required as a
condition of acquiring or retaining membership.

C. An employee who executes such authorization form shall continue to have such
deductions made from his salary during the term of this Agreement or until he notifies the
Commission in writing, with a copy to the Association, that the Authorization and
Assignment Form is being revoked and the employee thus withdraws the authority for the
deduction of dues. Dues deductions shall be made without cost to the employee or the
Association.

D. Dues deductions shall be subordinate to deductions required by law. No deductions will
be made if an employee has insufficient salary in any pay period. The Commission shall
not be responsible for deducting any arrearage in dues owed to the Association by a
member.

E. Deductions shall automatically terminate upon the occurrence of any of the following
evenis:

1. Termination of employment;

wo

2.
3.

4,

Demotion or promotion out of the bargaining unit;
Lay-off or reduction in force;

Revocation by the employee of Dues Authorization.

The Association shall indemnify and save harmless the Commission, the Department, and
the City from any and all suits and damages arising out of, or in connection with, such
dues deductions.

ARTICLE 6: EMPLOYEE RIGHTS

It shall be a prohibited practice for the Commission or the Department:

1.

To restrain, coerce or otherwise interfere with its employees in the exercise of the
rights conferred by RSA 273-A.

To dominate or to interfere in the formation or administration of the Association;
To discriminate in the hiring or tenure, or the terms and conditions of employment
of its employees for the purposes of encouraging or discouraging membership in
the Association;

To discharge or otherwise discriminate against any employee because he has filed
a complaint, affidavit, or petition, or given information or testimony under RSA 273-
A;

To refuse to negotiate in good faith with the Association, including the failure to
submit to the legislative body any cost item agreed upon in negotiations;

To invoke a lockout;

To fail to comply with Chapter RSA 273-A or any rule adopted under Chapter RSA
273-A;

To breach this Agreement;

To make any law or regulation, or to adopt any rule relative to the terms and
conditions of employment that would invalidate any portion of this Agreement.

It is agreed that employees have the following rights:

1.

2.

To be disciplined for just cause only;

To determine if a hearing will be a public or nonpublic session in accordance with
RSA 91- A:3, II (a);

To be notified that a documented complaint has been received from a citizen
against an employee, unless said notification would directly interfere with an on-
going investigation conducted by the Nashua Police Department.

An employee, being interviewed where discipline could result or at a
meeting/hearing concerning pending discipline, will be afforded one representative
from the Collective Bargaining Unit only as it pertains to the beiow listed procedures
under NLRB v. Weingarten:

» The employee must reasonably believe that the interview will result in
disciplinary action;

= The employee must request such representation;

» The exercise of the right to representation cannot unduly interfere with
legitimate needs of the employer.

During an investigation conducted by the Nashua Police Department of an offense
committed which could result in criminal proceedings, administrative rights may be
provided to the employee. The administrative rights as outlined under Garrity v.
New Jersey are to:

» Advise the employee that the answers to the questions will not be used
againsi the employee in criminal proceedings;

» Order the employee to answer the questions under threat of disciplinary
actions; and

» Ask questions which are specifically, directly, and narrowly related to the
employee's duties or the employee's fitness for duty.

As outlined under Cleveland Board of Education v. Loudermill, prior to discipline
being imposed (pre-disciplinary hearing/meeting), an employee is entitled to
receive:

« Awritten notice of the charge(s);

e Agist of the allegations;

e Possible disciplinary action(s) to be taken; and

e An opportunity to be heard.

For post-disciplinary hearings, an employee is entitled to receive copies, in total, of
the documentation supporting the punitive disciplinary action(s).

Interviews and investigations conducted by the Nashua Police Department shall be
concluded with no unreasonable delay. The employee shall be advised either in

Roberta “Mitzi” Barrett (New Appointment) For a Term to Expire: May 1, 2019
52 Wood Street
Nashua, NH 03064

Bonnie Guerico (Reappointment) For a Term to Expire: April 1, 2019
66 Meadow Drive
Hollis, NH 03049

Conservation Commission

William S. Parker (New Appointment) For a Term to Expire: December 31, 2018
1 Rockland Street
Nashua, NH 03064

Cultural Connections Committee

Bernadette Melton-Plante (Reappointment) For a Term to Expire: April 30, 2019
41 Parrish Hill Drive
Nashua, NH 03063

Economic Development Director

Timothy Cummings (New Appointment) Indefinite Term at the Pleasure of the Mayor
92 Russett Road, #1
West Roxbury, MA 02132

Personnel Advisory Board

Michelle O'Malley (New Appointment) For a Term to Expire: May 1, 2017
13 Gettysburg Drive
Nashua, NH 03064

Sheila J, Kabat (New Appointment) For a Term to Expire: May 1, 2018
5 Oldham Lane
Nashua, NH 03063

Carol Baldwin (New Appointment) For a Term to Expire: May 1, 2019
42 Diamondback Avenue
Nashua, NH 03062

Zoning Board of Adjustment

Mariellen MacKay For a Term to Expire: September 11, 2018
(Moving from Alternate Member to Full Member)

9 Webster Street

Nashua, NH 03064

UNEINISHED BUSINESS — RESOLUTIONS

R-16-026

Endorsers: Alderwoman Mary Ann Melizzi-Golja

Alderman-at-Large Lori Wilshire

Alderman Benjamin M. Clemons

Alderman Richard A. Dowd

Alderman-at-Large Daniel T. Moriarty
APPROVING THE COST ITEMS OF A COLLECTIVE BARGAINING AGREEMENT
BETWEEN THE MAYOR AND THE BOARD OF FIRE COMMISSIONERS AND
LOCAL #789, INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS FROM JULY 1,
2015, THROUGH JUNE 30, 2019, AND RELATED TRANSFER FROM CONTINGENCY

« Postponed to 5/10/16

writing or verbally of the results of the completed, documented Nashua Police
Department investigation.

9. When the Nashua Police Department conducts an investigation, during the
interview of any employee, it shall be at a reasonable hour, preferably when the
employee is on duty unless exigency of the interview dictates otherwise.

C. The department maintains a purging system for official personnel files as follows:

The respective supervisor may request a review of stale disciplinary documentation in
his/her personnel file as outlined below:

e Remedial Training/Counseling From: Purged after five (5) years with the option
that it can be reviewed/purged by the Chief of Police after three (3) years.
*** See EES below.

e Letter of Warning: Purged after five (5) years with the option that it can be
reviewed/purged by the Chief of Police after three (3) years. ** See EES below.

e Letter of Suspension: Purged after seven (7) years with the option that it can be
reviewed/purged by the Chief of Police after five (5) years. ** See EES below.

e **EES: In such cases where said documentation pertains to having been placed
on the Exculpatory Evidence Schedule (EES), the related documentation will
remain in the member’s personnel file. If the member is taken off the EES, the
purging of the documentation will follow the respective timeframes outlined ab

ARTICLE 7: STRIKES, STOPPAGES, AND LOCKOUTS

A. During the term of this Agreement, neither the Commission nor the Department shall lock
out any employees.

B. No employee shall, alone or in concert with any other person, engage in any strike,
stoppage, or refusal in the course of employment to perform his assigned duties; or to
withhold, curtail, or restrict his services or otherwise interfere with the operations of the
Department or encourage others to do so,

C. The Commission reserves the right to discipline any employee who participates in any
activity which is in violation of this Article.

D. In the event of the occurrence of any act described in Section "B" above, it shall be the
responsibility of the Association, within 24 hours of a request by the Commission, to notify

6

the Commission and employees, in writing, of its disapproval of such actions and
encourage employees to cease and desist therefrom and return to work immediately.

ARTICLE 8A: SHOP STEWARD/INVESTIGATION OF ISSUES

Management agrees to recognize one (1) Shop Steward and two (2) Alternate Shop Stewards,
and the Association agrees to provide management with an updated list of names of the
individuals who shall fill these positions.

A Shop Steward or Alternate Shop Steward shall investigate all situations/issues brought to his
attention. Association representatives normally 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.

If a settlement cannot be reached or settled amicably between the parties, the Grievance
Procedure shall be followed.

lt is understood that time spent by Association Stewards, 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 8B: GRIEVANCE PROCEDURE

Definition:
"Grievance" means an alleged violation, misinterpretation, or misapplication with respect to one
or more employees, of any provision of this Agreement.

Discussions & Settlements:

This grievance procedure shall not limit the normal pracess of discussions between employees
and/or the Association 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 Association, shall be considered a “grievance” and shall
begin at STEP 1, unless otherwise noted below.

Procedures:

Grievances at all levels will be in writing. A grievance 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. 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. If the grievance is not answered within the time limits listed, the
grievant may proceed to the next STEP.