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SECTION Ill- PAYMENTS & MAXIMUM ACCRUALS

Maximum Accruals: Sick leave for full-time employees (averaging 37’ hours a week or more)
on the active payroll covered by this Agreement shall accumulate as listed below:

1. Employees hired July 1, 2000, and After: Employees are allowed to accrue a
maximum of 180 days.

2. Employees hired before July 1, 2000: Employees are allowed to accrue a
maximum of 90 days.

Loss & Reinstatement of Sick Leave: Except in the case of death, accrued sick leave shall be
lost if the employee resigns, is discharged, released, or laid off. If an employee leaves
employment with the Nashua Police Department, but returns within three (3) years of the date of
termination, the employee's sick leave accrued up to the date of termination will be reinstated.

1. First Offense: Employees who abuse sick leave shall forfeit 52 hours (6.5 days)
for full-time employees averaging 37’ a week of accrued sick leave for a first
offense (65% of the normal annual accumulation). (If the entire 52 hours as
specified previously cannot be deducted from the accumulated total due to the
accrual amount, the negative balance will be carried over until the entire 52 hours
can be deducted.)

2. Second Offense: For full-time employees averaging 37’ hours a week, the
employee shall forfeit 60 hours (7.5 days) of accrued sick leave (75% of the
normal annual accumulation) for the second offense. (If the entire 60 hours as
specified previously cannot be deducted from the accumulated total due to the
accrual amount, the negative balance will be carried over until the entire 60 hours
can be deducted.)

3. Third Offense: For the third offense, the employee will be disciplined up to and
including dismissal.

Transfers from another Bargaining Unit: Employees who transfer from another bargaining unit
(outside of the Department) or from another City Department will be permitted to transfer their
sick leave accrual balance to the maximums provided under this Article. Such transferred sick
leave accrual balances will be allowable for use as sick leave days under this Article; however,
use will not be permitted until the six-month period elapses from the date of hire with the
Department.

Death Payments:

1. Employees hired July 1, 2000, or After: Accrued sick leave up to 50% of the
total amount of sick leave accrued for full-time employees averaging 37% hours a
week will be paid to an employee's surviving spouse, or if no spouse survives, to
the surviving children through the administrator of the estate, when an employee
dies while employed by the Nashua Police Department. If no spouse or children
survive, the accrued sick leave will be paid to the employee’s estate.

2. Employees hired Before July 1, 2000: Accrued sick leave up to 720 hours (90
days) for full-time employees averaging 371% hours a week will be paid to an
employee's surviving spouse, or if no spouse survives, to the surviving children
through the administrator of the estate, when an employee dies while employed
by the Nashua Police Department. If no spouse or children survive, the accrued
sick leave will be paid to the employee’s estate.

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Retirement Payments:

1. Employees hired July 1, 2000, or After: Upon retirement under the NH
Retirement System, an employee will receive payment for the accrued sick leave
balance in his account up to 50% of the total amount of sick leave accrued (up to
a maximum of 180 days) for full-time employees averaging 3712 hours a week,
calculated at the current rate of pay on the day of retirement.

2. Employees hired Before July 1, 2000: Upon retirement under the NH
Retirement System, an employee will receive payment for the accrued sick leave
balance in his account up to 720 hours (90 days) for full-time employees
averaging 37’ hours a week, calculated at the current rate of pay on the day of
retirement.

SECTION IV - USE OF SICK LEAVE

Physical & Dental Examinations: Employees should not make physical and dental
examinations during their tour of duty. If these types of examinations cannot be made during off-
duty times, essential personnel must make arrangements with their Services Bureau Commander
or designee to assure that coverage is available during their absence from duty. If no coverage is
available, the physical and dental examination will be rescheduled when the employee is off duty
or when coverage is available.

Sickness for Child or Family Care: In the case of sickness of a spouse or children of the
employee necessitating the employee's absence from work under 8 hours, the employee's
Services Bureau Commander or designee may grant absence from work with sick pay, if such
specific payment is approved by the Commission or the Chief of Police. Absences over eight
hours for child or family care shall be in accordance with the Family Medical Leave Act and
Department policies.

Absences Deducted from Sick Leave: All absences from work or absences during an
employee's tour of duty due to illness, disability, physical/dental examinations or other sickness
prevention measures shall be deducted from the non-exempt employee's accumulated sick leave
by actual hours missed. Employees may make up the entire time, limited to two hours, in lieu of
sick leave deductions as approved by their Services Bureau Commander or designee; however,
such time shall be made up within two weeks or a sick leave deduction shall be made for the time
used. Any instances of sick time used over the two-hour limit (the entire time), shall be
automatically deducted from the employee's sick leave accrual balance.

1. The Commission reserves the right to verify all claims for paid sick leave. This
includes the right to require the employee to submit a physician’s statement
verifying the need for the use of the sick leave, irrespective of the number of sick
hours taken.

2. All employees who leave their tour of duty must complete NPD Form #710,
"Documentation of Time Not Worked."

A. This form will be signed by the employee's Services Bureau Commander
or designee approving the time to be missed.

B. The actual hours missed (rounded off to the nearest half hour) shall be
clearly listed in order to deduct the correct amount from sick accruals.

C. The form will be forwarded to the Administrative Bureau.

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Notification of Sick Leave: Employees are to make arrangements to notify headquarters daily
and at least one (1) hour before their normal scheduled duty time of their intention to be on sick
leave.

Use of Leave Time: Employees shall complete the appropriate Department form as required by
Department policy when utilizing sick leave.

Doctor’s Slip Required: Notwithstanding the frequency, in all cases a doctor's slip is required
within five (5) days after returning to work for employees taking three or more successive sick
days. Slips will be directed to the Services Bureau Commander or designee.

SECTION V - SICK LEAVE BANK

All non-probationary full-time employees covered under this Agreement shall maintain and
contribute to a sick leave bank on a voluntary basis from their unused sick leave accrual
balances. A Sick Leave Bank Committee appointed by the Union shall establish the rules,
standards, and procedures of the Sick Leave Bank. Said rules, standards, and procedures shall
be provided to and approved by the Chief of Police before implementation and operation of the
Sick Leave Bank by the Union. Once the rules, standards, and procedures have been approved,
the Sick Leave Bank usage shall not be subject to the grievance procedure.

ARTICLE 18 - BEREAVEMENT LEAVE
Definitions: For the purposes of this Article:

A. The term “bereavement leave" means "a leave of absence granted to an
employee upon a death occurring in the employee's immediate Family.”

B. The Chief's "designee" is the Deputy Chief of Operations or the Bureau
Commander. In the absence of the Deputy Chief of Operations or the Bureau
Commander, the Chief's designee may be the Divisional Supervisor.

C. “Domestic Partner” is defined in Article 3-Q as an individual (Article 3-Q)I:

1. Who had a long-term intimate relationship with an employee,

2. Who was living in the same household as the employee at the time of
death, and

3. With whom the employee had an intent to remain in a long-term
relationship.

Purpose of Bereavement Leave: The purpose of Bereavement Leave is to give the necessary
time to employees to handle personal affairs or to attend a funeral due a death in the immediate
family. An employee has up to three consecutive days available to him; and, depending upon the
relationship, may elect to take one day, two days, or the three days for each occurrence. An
employee should not automatically take three days for each incident. An employee also has
other leave available if the time period needs to be extended. The employee should work with his
supervisor for the time needed.

Bereavement Leave Policies:

Beginning the day after the notification of the death, per occurrence in any fiscal year, a regular
full-time employee (averaging 37 1’ hours a week) shall be permitted the following:

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One (1} Day Leave (from Sick time)

In the event of the death of an uncle, aunt,
niece, or nephew of the employee

Three (3) Days Bereavement Leave

In the event of the death of an immediate family
member as defined below

Four (4) Days Bereavement Leave

Immediate Family Defined: The immediate family includes the employee's spouse / domestic
partner and the following relatives of the employee or the employee's spouse / domestic partner:

Children, Step Children Brother, Step Brother Sister, Step Sister
Parents, Step Parents Grandparents, Grandchildren,
Step Grandparents Step Grandchildren
Daughter-in-law, Son-in-law Ward/Relative living in the
home

If for reasons which would require out-of-state travel to the funeral services or due to the actual
date of the funeral services, the Chief of Police or designee may allow a delay in the
commencement of the three consecutive bereavement leave days. At the discretion of the Chief
of Police or Deputy Chief of Operations, the three consecutive days may be broken up between
the initial notification and the actual day of the funeral services.

Disputes: Disputes concerning Bereavement Leave shall be subject to the Grievance Procedure
through STEP 4 (Chief's level), at which point, the decision shall be final and binding upon the
parties.

ARTICLE 19 - LEAVES OF ABSENCE

Military Leave of Absence:

If a regular full-time employee must leave City employment to enter directly into active service in
the armed forces of the United States involuntarily, he shall be granted a military leave of
absence for the anticipated length of such service. The employee will be allowed seniority credit
for the time spent in the armed forces.

The employee is entitled to reinstatement to the position he held or one of like status and pay if a
vacancy is open within the city, provided that the employee accepts release from active service at
the earliest possible date and request reinstatement within ninety (90) days after release.

If a regular full-time employee is called to serve not more than a seventeen-day annual training
tour of duty with the National Guard or Armed Forces Reserve, he shall be paid the difference
between his pay for such government service and the amount of straight time earnings lost by
him by reason of such service, if any, based on the employee's regularly scheduled straight time
rate. Such payments shall be made following the showing of satisfactory evidence of the amount
of pay received for such service. The employee will continue accrual of sick and vacation time
during this time and shall not lose any benefits.

If a regular full-time employee is called into active duty with the National Guard or Armed Forces
Reserve for more than 17 days, he shall not be paid the difference between his pay for such
government service and the amount of regular straight time earnings. The employee may
request payment of his sick and vacation accrual balances (subject to accumulation restrictions)

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or these accruals may remain as balances until he returns to city employment. He shall not
accrue sick and vacation time during the military leave of absence and his benefits will be as
indicated below:

A. More than 17 days, less than 6 months.....Full benefits

B. More than 6 months:
1. No benefits;
2. Allowed seniority credit for the time spent in the armed forces;
3. Insurance benefits available under COBRA provisions.

Leaves of Absence (Family Medical Leave Act): leaves of absence requested under the
Family Medical Leave Act shall conform to the Federal Laws and Department policies. (Cite the
General Order in the Department’s Rules & Regulations Manual for additional language.) If the
member can meet the eligibility requirements as set by the City's disability income plan, he may
apply for the Long Term Disability benefit. (Cite Article #16.) If the Department's operations are
affected due to the length of the unpaid leave of absence and a medical authority cannot
determine when the employee is able to work, it shall be the Chief's of Police discretion to hire a
temporary or regular replacement. If the employee is able to recover from the disability during the
limitation period of the long-term disability benefit and the Commission is satisfied with the
recovery, he will have preference over applicants outside the City to apply for any position within
the City that he is qualified for. If the employee cannot recover during the limitation period as
described above, the employee shall be terminated.

ARTICLE 20 - PERSONAL DAYS

Definitions: For the purpose of this Article the words “personal day” means a day (8 hours for
full-time employees averaging 37 ve hours a week), when an employee is excused from active
duty for personal reasons. Personal days will be deducted from the employee’s accumulated sick
leave. If no sick leave is available, the employee is not eligible to receive a personal day unless
the employee opts to take an available accrued vacation day.

A regular full-time employee (averaging 37 2 hours a week) may use (6) days of sick leave

during a calendar year for personal leave. Persenaldaysmaynetbetsedconsecutivel,

All additional and new benefits under this Section shall commence effective July 1, 2017, and
after this Agreement has received all required approvals. Prior to June 30, 2008, the benefits
contained under this Section in the parties’ prior collective bargaining agreement shall be in
effect.

Approval of Personal Leave: Personal days must be approved by the employee’s supervisor
not more than fifteen (15) days, nor less than five (5) days, prior to the date of such personal day,
except in an emergency and waived by the Services Bureau Commander or designee. If
approved, the appropriate form will be completed by the supervisor or employee. The form will
be forwarded to the Administration Bureau. Except in cases of emergency, the slip will be
approved/disapproved (pending the availability of personal days), and the employee will be
notified by the Services Bureau Commander or designee of its approval or disapproval.

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Provisions: A personal day approval is subject to potential workloads, manpower requirements,
and any possibility of an emergency situation as determined by the Chief of Police or designee.
Once a personal day is approved and the date is to be changed or canceled by the employee, the
employee must reapply. The approved personal day is subject to recall by the Chief or designee
due to potential workloads, manpower requirements, and any emergencies that may arise.
Employees shall be paid time and one half of their regular rate of pay for a callback of a personal
day and granted an additional personal day which may be banked for future use during the
calendar year.

Disputes: Disputes concerning personal days shall follow the Grievance Procedure through
STEP 4, at which point, the decision shall be final and binding upon the parties.

ARTICLE 21 - EXCHANGE OF WORKDAYS (SWAPS)

For the purposes of this Article, the words "Exchange of Workdays" means "an eight (8) hour tour
of duty’ for full-time employees averaging 37% hours or more a week and such exchange shall
be for each other's position's duties, unless otherwise approved by the Chief of Police or his
designee.

A. Exchanges of workdays are limited:

1. To individuals who hold the same position in a particular division/oureau
or have been cross-trained to adequately cover the other position as
determined and approved by their Services Bureau Commander or
designee; and

2. Have completed their training period as designated by the Services
Bureau Commander or designee.

B. All swaps must be approved in advance by the Services Bureau Commander or
designee. Denials of swaps are based on any policies contained within this
Article.

C. The number of swaps allowed shall be limited to ten per quarter. The employee

requesting a swap will have that swap counted against his/her quarterly limit.

D. Swaps shall not interfere with normal operations, training, or cause the need to
hire overtime.

E. Written advanced notice signed by both employees involved in the exchange
must be given to the Chief or his designee four days prior to each exchange of
workday desired. (The four-day notice period may be waived at the discretion of
the Chief or his designee.)

F. All swaps will indicate a date to be paid back within a 6-month period and that
payback date shall not change.

G. Swaps may result in any employee working consecutive shifts or working a total
of 16 hours in one work day; however, the following policies apply:

1. The Services Bureau Commander or designee may deny a 16-hour shift
in one day; however, the reason for the denial shall be provided to the
employees involved in the swap. Said decision is subject to the
grievance procedure as specified below under this Article.

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2. Following any 16-hour block worked an employee shall have at least 8
hours off duty.

If an employee involved in an exchange calls in sick on the exchange day, that
employee shall lose eight (8) hours of sick leave;

No additional swaps will be allowed for the original swap date;
An employee paying back a swap will be eligible to receive a personal day or

vacation day for the original swap date, but must follow the normal approval
process for the day off.

Disputes concerning Exchange of Workdays shall follow the Grievance Procedure through STEP
4, at which point the decision shall be final and binding upon the parties.

ARTICLE 22 - SHIFT EXCHANGES

For the purposes of this Article, the word "shift exchange" means, "a long-term swap of shifts
between employees." A “long-term swap” is defined as a specific period of time such as a week,

month, etc.

With prior approval and at the sole discretion of the Chief or his designee, employees may
exchange shifts if both employees involved agree; provided that:

A.

Written advanced notice signed by both employees involved, including the
reasons for the exchange, will be given to the Chief or his designee two (2)
weeks prior to each exchange of shift desired; however, the two- (2) week notice
period may be waived at the discretion of the Chief of Police or his designee.

Both employees have the same position or have been cross-trained to
adequately cover the other position as determined and approved by their
Services Bureau Commander or supervisor.

Both employees have completed their training period as determined by the
Services Bureau Commander or designee.

No more than two (2) shift exchanges involving four (4) employees shall be
allowed at any one (1) time;

Both employees agree to swap day-off groups of each other and shall not be
eligible to receive compensatory time off due to the change of days off or to
receive overtime;

Employees may work two consecutive shifts in one work day; however, the
following policies apply:

1. The Services Bureau Commander or designee may deny a 16-hour shift
in one day; however the reason for the denial shall be provided to the
employees involved in the shift exchange. Said decision is subject to the
grievance procedure as specified below uncer this Article.

2. Following any 16-hour block worked an employee shall have at least 8
hours off duty.

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the terms and conditions of the Loan Documents; (iii) the forbearance by CoBank from exercising any right
or remedy it may have under the Loan Documents or under law; (iv) any inability, failure, neglect or
omission to obtain, perfect, maintain, enforce, or realize upon any collateral for the Guaranteed Obligations,
or to pursue or obtain any deficiency judgment against the Company following any foreclosure of any
security interest, mortgage or deed of trust; (v) the loss or impairment of any collateral, the subordination or
release of CoBank’s lien thereon, or the sale, pledge, surrender, exchange or substitution of any collateral;
(vi) CoBank releasing, waiving, discharging, or modifying the obligations of one or more other guarantors
(whether a party hereto or to a separate agreement with CoBank); (vii) the acceptance by CoBank of any
partial payment on the Guaranteed Obligations or any collateral therefor, or CoBank settling, subordinating,
compromising, discharging, or releasing the Guaranteed Obligations or any collateral therefor; (viii) the
enforceability of the Loan Documents; (ix) any defenses or counterclaims assertable by the Company,
including any defense or counterclaim based on failure of consideration, fraud, statute of frauds,
bankruptcy, statute of limitations, lender liability, and accord and satisfaction; (x) any setoff, counterclaim,
recoupment or similar right assertable by the Company, the Guarantor, or other guarantor (whether a party
hereto or to a separate guarantee); or (xi) any other circumstance which constitutes a legal or equitable
discharge of a guarantor or surety. This Guaranty shall continue in full force and effect until five business
days after written notice of termination shall have been received by CoBank. Notwithstanding the
foregoing, such notice of termination shall not be effective as to any Guaranteed Obligations: (1) existing
prior to the effective date of termination; (2) arising thereafter pursuant to any commitment to extend credit
entered into prior to the effective date of such notice (regardless of whether CoBank has or from time to
time acquires a right to suspend or terminate such commitment owing to the occurrence of a default or
otherwise); (3) any extensions, renewals, or refinancings of any Guaranteed Obligations referred to in (1) or
(2) above made before or after the effective date of termination; and (4} interest, fees, expenses, and other
Guaranteed Obligations relating to any of the foregoing. In addition, no such notice of termination shal! in
any manner impair or alter CoBank's rights or obligations hereunder with respect to such Guaranteed
Obligations (including under Sections 2 and 5 hereof) or affect or impair the obligations of any other
guarantor (whether a party hereto or to a separate guarantee).

SECTION 3. Subordination and Subrogation. The Guarantor hereby agrees that all
indebtedness and other obligations of the Company (now existing or hereafter incurred) to the Guarantor are
and shall be subordinated in right of payment to the prior payment in full by the Company of its obligations
to CoBank under the Loan Documents. During the existence of a “Default” or an “Event of Default under
the Loan Documents, no payments by the Company shall be accepted by the Guarantor with respect to such
subordinated obligations and, if any such payments are inadvertently received, the same shall be held in
trust and promptly turned over to CoBank. The Guarantor hereby waives all claims, rights or remedies that
it may have at law or in equity (including, without limitation, any law subrogating the Guarantor to the
rights of CoBank) to seek contribution, indemnification, or any other form of reimbursement from the
Company, any other guarantor, or any other person or entity now or hereafter primarily or secondarily liable
for any obligations of the Guarantor to CoBank, for any disbursement made by the Guarantor under or in
connection with this Guaranty or otherwise. The Guarantor hereby stipulates and agrees that any such
disbursement made by the Guarantor shall be a contribution to the equity capital of the Company.

SECTION 4. Recovery of Payment. If any payment received by CoBank and applied to the
Guaranteed Obligations is subsequently set aside, recovered, rescinded, or required to be returned for any
reason (including, without limitation, the bankruptcy, insolvency or reorganization of the Guarantor), the
Guaranteed Obligations to which such payment was applied shall for the purposes of this Guaranty and all
instruments or documents executed in connection herewith or securing the Guarantors obligations
hereunder, be deemed to have continued in existence, and this Guaranty shall be enforceable as to such
Guaranteed Obligations as fully as if such applications had never been made.

Disputes concerning Shift Exchanges shall follow the Grievance Procedure through Step 4, at
which point the decision shall be final and binding upon the parties.

ARTICLE 23 — WAGES & TITLES
Averaging of Work Weeks:

1. All employees shall be paid the annual rate divided by 52 weeks, whether on a 4
& 2 Schedule or a 5 & 2 Schedule.

2. Employees on a 4 & 2 Schedule will have their weekly wages and hours
averaged. Therefore, employees on a 4 & 2 Schedule will be paid the same
weekly wage whether it is for a 40-hour or 32-hour week.

40-Hour/Week Employees: For purposes of accruals, deductions, and wages, employees on
either a 5 & 2 Schedule or a 4 & 2 Schedule shall be considered a 40-hour/week employee,
working 8-hour days. (Example: If an employee makes $20,000 a year, they will receive $384.62
a week or $ 9.6155 an hour.)

Shift Leaders: Shift Leader positions shall be available, one per shift, and current employees
may bid for the position of Shift Leader. Such positions shall be awarded based on evaluations,
training, experience, demonstrated capabilities, attendance, and seniority. Once employees are

the employee will be-meved-on

weer _BDissaicher Stes the full wage of a_non- ‘probationary Communications
Technician | or Il, or Dispatcher-

Moving Between Position Classifications:

1. From Communications Technician | to Communications Technician Il: “Aes

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When a Communications Technician | is transferred to the position of
Communications Technician Il, they will receive $5000 above the employee’s

current annual wage.
2. From Communications Technician I and ll ‘0 Dspatcher: Wher Communications

the-now-job classification. When a Communications Technician (le or rll is

transferred to the position of Dispatcher, Management can start the new
Dispatcher ata salary at or below an existing Dispatcher with similar time
employed as a Nashua Police Communications member.

3-———From Dispatcher to Communications Technician | or ||: When Dispatchers are
transferred to the position of Communications Technician | or Il, the employee
will receive an annual wage comparable to an existing Communications
Technician | or Il with similar time employed as a Nashua Police

Communications member. Shaw Rove te the approprale Wage Stop Under

4. From Shift Leader to Dispatcher: When Shift Leaders are transferred to the
position of Dispatcher, the employee Shar move fo the appropiate wage S'9P

original position of Dispateher-will no longer receive the $3000 wage increase for
Shift Leader.

Experienced Communications Division Personnel —New Hires :
When new employees are hired, or existing employees transfer from one position to another

within Communications, for the positions of Communications Technician |, Communications
Technician Il, and Dispatcher and possess training and/or experience or a combination thereof,

Management reserves the right to start the new employee upte-Step-Sin-Schedule Aat a higher

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