Search

Article 1
Agreement

| AGREEMENT, made and entered into as of the day of , 20472020, by and
between Nashua Public Library Board of Trustees (hereinafter called the "Board") and the Nashua
Public Library Employees, AFT, FPE, LOCAL #4831 (hereinafter called the "Union").

Article 2
Recognition

The Board hereby recognizes the Union as the sole and exclusive representative of the library
emp loy ees as certified by the PELRB of New Hampshire for all lawful purposes pursuant to New
Hamp shire RSA 273-A, and agrees to comply therewith in its dealings with the Union.

Should there be a dispute between an employee and the Union over the matter of an employ ce's
Union membership, the Union agrees to hold the Board harmless in any such dispute.

Article 3
Discrimination

It is agreed that the Board will not discriminate on the basis of sex, race, color, national origin,
religion, lawful political or employ ee's organization affiliation, age, marital status, sexual p reference
or non-disqualify ing disability , or on any basis prohibited by law.

Article 4
Union Dues

An employee, who is a member of the Union, may execute a written authorization mutually
acceptable to the Board and the Union providing that a portion of his/her salary representing
monthly dues be withheld weekly and forwarded to the Union. Upon receiving a properly executed
Authorization and Assignment Form from an employee, the Union shall notify the Human
Resources/Pay roll Department to deduct from salary due, the amount authorized, and a copy of said
form acceptable to the Human Resources Department shall be furnished thereto in advance of said
deduction. A copy of said form is attached as Appendix A.

Each month, a check for the amount of all dues deducted, along with a current list of members from
whose salary dues deductions have been made, shall be transmitted to the Treasurer of the Union.

An employee who executes such authorization form shall continue to have such deductions made
from his/her salary during the term of this agreement or until the Human Resource/Pay roll
Department, witha copy to the Union, are notified that the pay roll deduction authorization is being
revoked, and the employ ce thus withdraws the authority for the deduction of dues. Dues deductions
shall be made without cost to the employee or the Union. An employee may be permitted to
withdraw membership only during the fifteen (15) day period from his/her anniversary date.

Dues deductions shall be subordinate to deductions required by law and other deductions. No
deductions shall be made if an employee has insufficient salary in any pay period. The Board shall
not be responsible for deducting any arrearage in dues owed to the Union by a member, or any
special or other assessment by the Union, with the exception of the deduction of initiations fees if
expressly authorized on the form noted above.

Deductions shall automatically terminate upon the occurrence of any of the following events:

Termination of employ ment;

Transfer out of the bargaining unit;

Lay -off;

Revocation by the employee of Dues Authorization during the aforementioned
window period.

FeNP

The Union shall indemnify and save harmless the Board and the City of Nashua in and on account
of any and all claims, suits or damages arising out of, or in relation to, such dues deductions.

Article 5
Agency Fee

The following shall only take effect when authorized by statute or by Court ruling:

An employ ce who elects not to pay Union dues shall pay an agency fee for services rendered by the
Union in an amount certified by the Union. Said authorization form for fees shall be due within
thirty days from the date of employ ment. The City agrees to collect agency fees in the same method
and manner as the collection of Union dues.

Article 6
Employee Rights
It is agreed that the Board will not:
A. Dominate or interfere in the formation and administration of the Union;
B. Discriminate in the hire, tenure, or the terms and conditions of employ ment of employ ees or
potential employ ces for the purpose of encouraging or discouraging membership in the
Union,
C. Discharge, suspend, discipline, or otherwise discriminate against any employ ee because the

emp loy ee has filed a comp laint, affidavit, or petition, or given information or testimony ona
grievance, as set forth in RSA 273-A;

D. Restrain, coerce, or otherwise interfere with the Union in the exercise of rights granted by
statute.

It is the intention of the parties that this article provides that the Union shall enjoy all the rights
secured by RSA 273-A.

Article 7
Management Rights

Except as otherwise expressly provided in this agreement, the Board shall have, whether exercised
or not, all the rights, powers, and authority vested in it by virtue of the Statutes of the State of New
Hampshire and the Nashua City Charter and Ordinances, now or hereinafter enacted including, but
not limited to, the rights to:

A. Control the management and administration of the Nashua Library Sy stem;

B. Hire, promote, transfer, assign, retain, layoff, and direct employees within the Nashua
Library Sy stem;

C. Suspend, demote, discharge and take other disciplinary actions against employees for just
cause;

D. Issue, modify , and enforce Rules and Regulations which do not expressly violate the terms
of this Agreement.

E. Determine the methods, means, and personnel by which the Nashua Library System's
operations are to be conducted, as well as to determine those operations and to assign duties,
hours, and responsibilities to its employ ees accordingly ;

F. Exercise control and discretion over the Library Sy stem, its organization, and the technology
or lack thereof employ ed in performing its work;

G. Determine the standards of selection for employ ment and the standards of service to be
offered by the Nashua Library Sy stem;

H. Assign bargaining unit employees to work in any job classification as needed, in the
judgment of the appropriate supervisor or manager;

I. Exercise managerial policy, as set forthin RSA 273-A;
J. Schedule the hours and days of work whether for emergency purposes or not.

The foregoing Management rights are set out for purposes of illustration and not limitation; the
Board shall retain all such rights, powers, and authority , whether exercised or not, conferred up on it
by law. This clause is not meant to negate the Union's right to negotiate over changes in wages,
hours and working conditions as provided by law. Nothing herein shall be deemed to abrogate the
authority of the Board conferred upon it by RSA 202-A, as amended from time to time.

Article 8
Strikes and Work S toppages

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 employ ment 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 employ ces 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," sup ra.

Scheduling and integration of curbside delivery _and remote access work into an teres Formatted: Left, Indent: First line: 0",
employ ee’s work schedule shall be reasonable, equitable and comparable within a Hyphenate, Tab stops: Not at -1" + -0.5" +

department. Requests by employ ces for inclusion of remote access work into their
regular work schedule shall be given reasonable consideration by the Library Director or
designee. Inall cases of remote access work, necessary technology shall be provided by
the Library to the employee, to be utilized or waived by said employ ce.

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). Fhesverkyeeks Schedules

will regularly include day time hours on Monday through Friday or as arranged by
each department_to mect_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 withina department. Alternative schedules may include Saturday hours as
well as remote access work.

(1b) Full-time Public Service S taff_(All Public S ervice Desks, Security): Fhe
swrorkreek-isSchedules_ will regularly include daytime hours on Monday through
Saturday, one or two evening shifts per weck,—PubleSemicestaftistequiredto

svork—ne—mere—than—thv-e—nichts—persveck and alternateing Saturday s-based-on
departmental_-needs. Alternative regular schedules may be agreed upon by the

Director, department supervisor, and employee provided it serves the needs of the
organization.

2. Reeular-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 Saturday s 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:

Emp eye ees s scheduled for Sunday hours shall be pac time and one half v® for all hours worked oF

oe 5 i necay, OF carn compensatory
time of one and ¢ one- -half ay) 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, employ ces scheduled to work
on that Sunday will be paid at their regular hourly rate for all hours each employ ce 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 (1)
and shall not have the options of seheduline—time—effdurnethat—pay—peried_erchoosing

compensatory time off during a later pay period. If no security personnel are available to work ona
given Sunday, the Library shall not be held liable to a grievance based on failure to meet minimum
staffing of one (1) Security emp loy ce.

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 employ ces 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.

Jim Donchess
Mayor e City of Nashua

To: Board of Aldermen
From: Jim Donchess
Date: 3/8/16

Re: Contract Award for Biosolids Disposal

Pursuant to NRO § 5-74 (B), which states that a contract that extends from the current fiscal year into:
succeeding fiscal year(s) in which no funds have been appropriated nor otherwise designated for this
purpose shall be approved by the full Board of Aldermen before the contract shall become binding on the
City.

Pursuant to NRO § 5-90 (E) which states that approval by the Finance Committee of a contract award in
excess Of $1,000,000 shall be submitted to the full Board of Aldermen at its next regularly scheduled
meeting for final approval prior to award of the contract, please consider the following.

The Finance Committee approved the purchase of the below referenced contract at their March 2, 2016
meeting. | am requesting the concurrence and approval of the full Board of Aldermen for the award of the
following contract:

Biosolids Disposal Contract — Attached please find Purchasing Manager's Memo # 16-111 regarding this
contract.

229 Main Street + PO Box 2019 * Nashua, New Hampshire 03061-2019
603.589.3260 + fax 603.594.3450 * NashuaMayor@NashuaNH.gov
www.NashuaNH.gov

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

Pages may also be scheduled on Sunday s 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. Thenthe next most senior employ ee 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 emp loy ees
outside the department or service desk. “Qualified bargaining unit employ ces” are
those employ ces who work regular hours in the department or at the p oint of service,
or an employee who has familiarity with the duties in the department or at the
service f desk and has the aputy to perform those duties indep endently . Department

the_mmonthnofier the unfilled shifis 1 to qualified employ oes via email or ‘other
electronic communication and allow three business days for responses. Rules of
rotating seniority apply as in Step One (1). Inthe 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 employ ee must choose at
least one Sunday, etc. The reverse rotation will be repeated until all Sunday hours
are filled.

Mealtime: Employ ces 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 employ ment 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 emp loy ce, for all the hours worked on call-back. The emp loy ee 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 employ ce’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 employ ces 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 employ ee.

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 employce’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
emp loy ee, his/her unused compensatory time will be paid to the spouse or estate of the emp loy ee.

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 lyear= 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,
lay offs and terminations on a monthly basis.

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

The employee shall accumulate seniority while on an authorized leave of absence with the
excep tion of unpaid leave as outlined above. Seniority is employ ed for purposes of assigning leave,
overtime, lay off 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
ap plication 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 employ ee 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 employ ce 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 day s.
Working day s for the purposes of this article are Monday through Friday and do not
include Saturday s or Sunday s.

Step IT If the employ ee 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 day s 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.

Ifthe grievance is not settled to the satisfaction of the employ ee and the Union, or if
no reply is communicated after five (5) working days, the grievance may proceed to
Step TI.

Step TI 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 day s, the grievance may proceed to Step IV.

Step TV —- 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.