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Director of Public Health

Bobbie Bagley (New Appointment) Indefinite Term at the Pleasure of the Mayor
17 Bunker Hill Drive
Londonderry, NH 03053

UNFINISHED BUSINESS — RESOLUTIONS

R-16-008
Endorsers: Mayor Jim Donchess
Alderman-at-Large Brian S. McCarthy
Alderwoman Mary Ann Melizzi-Golja
ADDING FOUR ADDITIONAL PARCELS TO THE “SPIT BROOK ROAD ECONOMIC
REVITALIZATION ZONE”
e Planning & Economic Development Committee Recommends: Final Passage

UNFINISHED BUSINESS — ORDINANCES

O-16-005
Endorser: Alderman David Schoneman
REMOVING THREE PARKING SPACES ON LOWELL STREET FROM THE PERMITTED
OVERNIGHT ON-STREET PARKING PROGRAM
e Committee on Infrastructure Recommends: Final Passage

NEW BUSINESS — RESOLUTIONS

R-16-014

Endorsers: Alderman-at-Large Brian S. McCarthy

Alderman Richard A. Dowd

Alderwoman Mary Ann Melizzi-Golja
CHANGING THE PURPOSE OF UP TO $600,000 OF UNEXPENDED BOND PROCEEDS
FROM THE BROAD STREET ELEMENTARY SCHOOL BUILDING PROJECT, $159,815
OF UNEXPENDED BOND PROCEEDS FROM THE SCHOOL ROOF REPLACEMENTS
PROJECT AND $228,956.44 OF UNEXPENDED SCHOOL CAPITAL RESERVE FUND
APPROPRIATIONS FROM THE HIGH SCHOOLS’ GYM FLOORS PROJECT TO THE
SUNSET HEIGHTS ELEMENTARY SCHOOL HVAC IMPROVEMENTS AND BUILDING
RENOVATIONS PROJECT

R-16-015
Endorsers: Mayor Jim Donchess
Alderman Ken Siegel
ESTABLISHING AN EXPENDABLE TRUST FUND FOR STATE EMPLOYER PENSION COSTS
AND APPROPRIATING $2,230,000 FROM FUND BALANCE ASSIGNED FOR THIS PURPOSE
INTO THE EXPENDABLE TRUST FUND

R-16-016
Endorser: Mayor Jim Donchess
AUTHORIZING THE CITY OF NASHUA TO ENTER INTO A FIRST AMENDMENT TO LEASE
AGREEMENT WITH MAKEIT LABS FOR A PORTION OF 25 CROWN STREET

R-16-017
Endorsers: Mayor Jim Donchess
Alderman-at-Large Lori Wilshire
RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF $70,000 FROM THE STATE OF
NEW HAMPSHIRE DEPARTMENT OF HEALTH & HUMAN SERVICES INTO PUBLIC HEALTH
AND COMMUNITY SERVICES GRANT ACTIVITIES “FY17 AND FY18 TUBERCULOSIS
PROGRAM OF GREATER NASHUA”

Article 8
Strikes and Work Stoppages

The Union shall not instigate, sponsor, or encourage any activity or action in contravention of the
provisions or intent of this 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 Nashua Library System, or
encourage others to do so; or engage or participate in any other form of illegal job action.

Article 9
Work Week and Work Schedule

A. The work week shall consist of seven consecutive 24 hour periods beginning on Sunday and
ending on Saturday.

B. The normal work schedule for full time employees shall consist of forty (40) hours.

C. Any change in regular work schedule hours shall be the subject of discussions between the
Union and the Board of Trustees before being implemented. This subsection shall not be
construed to reduce or impair management's authority pursuant to the article entitled
"Management Rights,” supra.

Scheduling and integration of curbside delivery and remote access work into an
employee’s work schedule shall be reasonable, equitable and comparable within a
department. Requests by employees for inclusion of remote access work into their
regular work schedule shall be given reasonable consideration by the Library Director or
designee. In all cases of remote access work, necessary technology shall be provided by
the Library to the employee, to be utilized or waived by said employee.

D. 1. Full-time: Full-time staff members are those who work forty (40) hours during a
work week schedule arranged by each department.

(la) Full-time Support Staff (Administration Office, Technical Services,
Information Technology, Janitorial, Maintenance): Schedules will regularly
include daytime hours on Monday through Friday or as arranged by each department
to meet the needs of the organization. Alternative regular schedules may be agreed
upon by the Director, department supervisor, and employee provided it serves the
needs of the organization and is reasonable and equitable within a department.
Alternative schedules may include Saturday hours as well as remote access work.

(1b) Full-time Public Service Staff (All Public Service Desks, Security):
Schedules will regularly include daytime hours on Monday through Saturday, one or

two evening shifts per week, and alternating Saturdays. Alternative regular
schedules may be agreed upon by the Director, department supervisor, and
employee provided it serves the needs of the organization.

2. Part-time Staff: The work week shall ordinarily consist of no more than 30 hours a
week on Monday through Saturday. Schedules may include up to four evenings per
week and additional Saturdays based on the needs of the organization.

As long as Sunday hours are maintained from 1:00 p.m. to 5:00 p.m., compensation shall be
handled as follows:

Employees scheduled for Sunday hours shall be paid time and one half (11%) for all hours worked,
or earn compensatory time of one and one-half (1%) the number of hours worked on Sunday to be
used during a later pay period. In the event of a closure due to weather or other emergencies,
employees scheduled to work on that Sunday will be paid at their regular hourly rate for all hours
each employee was scheduled to work that day or may exercise the option of time off during that
pay period or earn compensatory time at the regular hourly rate.

Security personnel working Sunday hours shall be paid only at the rate of time and one-half (11%)
and shall not have the option of choosing compensatory time off during a later pay period. If no
security personnel are available to work on a given Sunday, the Library shall not be held liable to a
grievance based on failure to meet minimum staffing of one (1) Security employee.

Management reserves the right to determine staffing levels for these Sunday hours. Except in the
event of special programs or events, minimum Sunday bargaining unit staffing levels will be as
follows:

Circulation: 3
Reference: 2
Children’s: 2

Chandler Wing: 1
Janitorial/maintenance: 1
Security: 1

For the purpose of offering Sunday hours using the steps outlined below, eligible employees will be
considered assigned to a single department or service desk. No employee may claim to belong to

two or more departments and/or service desks for the purpose of allocating Sunday hours.

Additional staffing may be approved by Management for Sundays on which special events or
programs will be held.

Pages may also be scheduled on Sundays to perform the duties assigned to their position.

During the first week of every month, department heads will schedule Sunday hours for the
following month, according to the following procedure:

1. The Sunday hours for each department or service desk will be offered to all
bargaining unit employees assigned to that department or service desk, on the
rotating basis of seniority. The most senior employee will choose one Sunday or
pass. Then the next most senior employee will choose one Sunday or pass, etc. The
rotation will be repeated until either all Sunday hours are filled or no employee
wants any more Sunday hours. In the case of remaining unfilled hours, Step (2)
shall then be followed.

2. Unfilled Sunday hours will be offered to all qualified bargaining unit employees
outside the department or service desk. “Qualified bargaining unit employees” are
those employees who work regular hours in the department or at the point of service,
or an employee who has familiarity with the duties in the department or at the
service desk and has the ability to perform those duties independently. Department
supervisors or schedulers will offer the unfilled shifts to qualified employees via
email or other electronic communication and allow three business days for
responses. Rules of rotating seniority apply as in Step One (1). In the case of
remaining unfilled hours, Step Three (3) may then be followed.

3. Unfilled Sunday hours will be assigned to bargaining unit employees within the
department or service desk on the basis of reverse seniority. The least senior
employee must choose one Sunday. The next least senior employee must choose at

least one Sunday, etc. The reverse rotation will be repeated until all Sunday hours
are filled.

Mealtime: Employees are allowed up to one (1) unpaid hour for meals.

Break Time:

A paid fifteen minute break is given for each four hours of work. Breaks cannot be accumulated
and may not ordinarily be used to shorten the work day or added to the meal period.

Call-Back Rights:

Any employee called back to work on an unscheduled basis after having completed his/her assigned
work schedule for the day and having left his/her place of employment and before his/her next
regularly scheduled starting time, shall be granted time and one-half in money or compensatory
time, at the discretion of the employee, for all the hours worked on call-back. The employee shall
be guaranteed a minimum of two (2) hours for being called back to the library. This provision does
not apply to split shifts.

Any employee required to perform work responsibilities when the library is closed or outside of
the employee’s normal work schedule, and the required work can be performed without the
employee physically reporting to the library, that employee shall be compensated at a minimum
of one (1) hour at the employee’s overtime rate of pay.

Article 10
Overtime

Overtime must be approved by the Library Director or designee before overtime work is performed.
Any hours worked over 40 in one work week will be paid at time and one-half in money or time and
one-half in compensatory time, at the discretion of the employee. Part-time employees will be paid
straight time up to 40 hours and time and one-half for any additional hours in either money or
compensatory time at the discretion of the employee.

Compensatory time for hourly employees will be subject to the requirements of State and Federal
law, however, where the Collective Bargaining Agreement provides for a greater benefit the
Agreement shall control. Beginning July 1, 2021, employees may accrue no more than 240 hours of
compensatory time (for 160 hours of time worked). Use of compensatory time for salaried and
hourly employees will be granted upon the employee’s request, subject to the approval of the
Library Director or designee. No such request will be unreasonably denied. Upon separation from
service unused compensatory time will be paid to the employee. In the event of the death of an
employee, his/her unused compensatory time will be paid to the spouse or estate of the employee.

Article 11
Seniority

Seniority is defined as length of service within the bargaining unit. Seniority shall be determined on
a pro rata basis.

For example,

40 hour work week 1 year = 1 year
30 hour work week 1 year = 9 months
25 hour work week 1 year = 7.5 months

Service ceased due to resignation, retirement or termination shall cause all accrued seniority to be
lost. Employees who are laid off and subsequently rehired under the recall provision shall upon
his/her return, be entitled to all previously accrued seniority.

Seniority shall not accrue while an employee is on unpaid leave. Unpaid leave does not include
Workers' Compensation leave, during which seniority will accrue. Seniority will cease to accrue on
the beginning of the first full month after leave is granted.

The Board shall furnish the Union secretary/treasurer with an up-to-date Seniority List on a
quarterly basis, if requested. The Board will also furnish the names of all new hires, promotions,
layoffs and terminations on a monthly basis.

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

The employee shall accumulate seniority while on an authorized leave of absence with the
exception of unpaid leave as outlined above. Seniority is employed for purposes of assigning leave,
overtime, layoff and recall as provided in articles pertinent to those subjects.

Article 12
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. The process will be carried out in the following
order and manner. Any resolution of a grievance, at any step in the process, shall not be
inconsistent with the terms of this Agreement. Any grievance involving the interpretation or
application of a specific provision of this Agreement shall be ultimately settled by arbitration.

Step I An employee shall present a verbal grievance with or without the assistance of the
Union to his/her immediate supervisor. The employee may meet with the supervisor
for a maximum of one hour. If the grievance is not settled at the meeting, the
grievance may proceed to the next step. The employee will be paid at his/her regular
rate of pay for time spent in the meeting, if during work hours. The Union shall be
notified of the resolution of the grievance in writing within five (5) working days.
Working days for the purposes of this article are Monday through Friday and do not
include Saturdays or Sundays.

Step II Ifthe employee is not satisfied with the results of Step 1, the grievance shall be set in
writing as provided in Appendix B.

The grievance must be signed by the employee and Union Representative, and
presented to the Library Director or designee within fifteen (15) working days after
the employee knew or should have known of the occurrence or the circumstances
giving rise to the grievance.

The Library Director or designee will be given five (5) working days after the
receipt of the grievance to have a meeting with a Union representative, with or
without the aggrieved party, and to communicate a decision in writing to the Union.
If the grievance is not settled to the satisfaction of the employee and the Union, or if
no reply is communicated after five (5) working days, the grievance may proceed to
Step III.

Step II The Union shall inform the Board of the grievance, in writing and within ten (10)
working days of the notification of the Library Director's decision or lack thereof.
The Union shall provide the Board with copies of all prior communications. The
Board will, at its next regular meeting, or thirty (30) days, whichever comes sooner,
meet with a Union Representative designated by the Union, with or without the
aggrieved party. The Board will then communicate a written decision to the Union
within ten (10) working days thereafter. If the grievance is not settled to the

satisfaction of the Union, or if no reply has been communicated after the ten (10)
working days, the grievance may proceed to Step IV.

Step IV — Within thirty (30) working days after the Board decision, or expiration of the
decision period, the Union will have the option of submitting any remaining
disagreement over the interpretation or application of a specific provision of this
agreement to be settled by arbitration. The Union shall inform the Board in writing
of the 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 of the filing of the
decision to arbitrate, the grievance may be referred to the N.H. PELRB for the
selection of the arbitrator. 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.

Time Limitations:

The times for taking action stated above may be extended 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. A request of either party for an extension of time shall not be unreasonably
denied.

Failure at any step of this procedure by the Library Director, his/her designee, the Union or the
Board 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, even if no decision has been rendered, and shall constitute a waiver of the right
to further appeal the grievance.

Union Representation:

The Board will allow the aggrieved party reasonable time to meet with Union representatives for the
purpose of discussing the grievance.

Fees:

The fees and expenses charged by the arbitrator shall be shared equally by the Board and the Union.
Grievances by the Board:

The Board shall have the right to present grievances. In the event it does so, it shall notify the

Union of the grievance in writing and the time periods for response by the Union shall be the same
as set forth in Step III and IV above.

Article 13
Job Pos ting/Lay-Offs /Re call

Posting Policy:

A notice of position vacancy shall be communicated to all library employees. The notice of position
vacancy shall be posted on the City of Nashua’s online job site, distributed via email, and posted on
other websites normally used by the Library and City for recruitment to allow qualified eligible
employees to apply.

The notices will include information on job title, grade, salary/hourly, department, brief description
of the usual job content, and position qualifications.

Only internal applications will be reviewed for the first seven business days after a position vacancy
has been posted and all qualified internal candidates will be interviewed. If no suitable internal
candidate has been identified after this seven day internal period, applications from external
candidates will be reviewed. No external applicant will be considered until all qualified internal
candidates are interviewed. All internal applicants not selected for promotional positions shall be
notified of the decision in writing prior to the hiring of external applicants.

Selection of qualified candidate:

The Board, upon the recommendation of the Library Director, shall make the final decision when
filling the position. The best qualified candidate in the opinion of the Board shall be selected. The
guidelines for filling any open position are based upon the applicant's ability, qualifications,
experience and work performance. When qualifications between applicants are relatively equal,
seniority will be used to award the position.

Promotional Procedures:

A promotional employee shall have a performance evaluation completed at least once during the
probationary period. Should the employee's performance be unsatisfactory, or should the employee
find the job unsatisfactory anytime during the promotional probationary period, the employee shall
be entitled to return to the position from which promoted within ninety (90) days of the promotion,
unless this period is extended for an additional thirty (30) days by the Library Director.

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 ninety (90) calendar days, unless extended for an additional thirty (30) days
as set forth above.

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Rate of Pay:

Persons appointed to positions for the first time shall be paid an amount within the established range
for the position except that no new employee shall be paid more than a current employee in that
position with the same years of relevant experience and relevant education. Relevant education and
relevant prior job experience will be considered when determining where a newly appointed person
will be placed in the established pay range for a position. Whenever the Director recommends and
the Board approves payment of a new hire at a rate higher than a current employee in that grade, the
Board shall provide to the Union, in writing, the relevant experience and/or relevant education of
the new employee.

Lay-Off Provision:

The Library Board of Trustees reserves the right to institute a reduction in force as it deems
necessary to conduct its operations.

If the Board is contemplating a reduction in force or elimination of a position, the Board will notify
any employee to be laid off four (4) weeks before the proposed effective date of layoff. Such notice
will be in writing and will include the proposed time schedule and the reason for the proposed
reduction in force. Such written notice shall be provided to the Union president at the same time.

When making layoff decisions, qualification factors such as education and experience, job
performance and absenteeism will be considered. If management finds all factors to be reasonably
equal for the employees subject to layoff, then reverse seniority shall be utilized in making the
layoff decision.

Bumping Rights:

A full time employee shall be eligible to “bump” the least senior full-time employee in a position in
the grade for which they are qualified. A part-time employee shall be eligible to “bump” the least
senior part-time employee in a position and the grade for which they are qualified. If this is not
possible, the employee shall be eligible to bump the least senior employee in the grade below in a
position for which he/she is qualified, if any. An employee may bump the least senior person in any
lower paid grade for a position for which he/she is qualified. An employee who is displaced as a
result of an employee asserting bumping rights, shall be entitled to the same bumping procedures
outlined above. For an employee to be considered “qualified”, he/she shall meet the minimum
qualifications contained in the job description for the position. Employees bumping into a position
must be willing to work the hours required for the position.

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 any position which he/she may be qualified during said period.
Recall will be by seniority providing the recalled employee is qualified for the open position. The
Board shall send notices of position vacancies to all employees eligible for recall to their last known
address. If an employee refuses a position twice within the two (2) year period, he/she shall be

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removed from the recall list. An employee who fails to exercise his/her bumping rights or refuses
recall shall still be considered laid-off and is entitled to collect all unused vacation and
compensatory time as well as sick leave provided for in Article 14.

Article 14
Paid Leaves

Paid leave time shall be deducted at a minimum of fifteen (15) minute increments for both salaried
and hourly employees. This shall in no way affect the employment status of salaried employees
who shall remain salaried. The number of hours of paid leave time to which full-time and part-time
employees are entitled are set forth below. The number of hours of personal, sick, and bereavement
leave time to which regular part-time employees are entitled shall be determined by the following
formula:

Regular scheduled weekly hours x number of hours to which a
40 hours full-time employee is entitled

Personal Leave:

Full-time employees shall be granted a maximum of four (4) days of personal leave with full pay
per year. Regular part-time employees shall be granted a maximum number of hours of personal
leave as determined by the above formula.

Two (2) days of personal leave shall be drawn from employees sick time account.

Personal leave shall not carry forward from year to year.

Upon retirement or death, but not termination or resignation, the employee or the employee’s estate
shall receive payment in full for any unused personal leave.

Sick Leave:

Every full-time employee is entitled to sick leave with full pay earned at the rate of eleven (11)
hours per month.

Every regular part-time employee is entitled to sick leave with pay as determined by the above
formula.

There is no maximum accrual of sick leave effective July 1, 2001.

Sick Leave shall be used only for illness, injury, medical or dental appointments, or accident of
employee, employee’s spouse, employee's domestic partner, parent or children.

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