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H. Determine the standards of selection for employment and the standards of
service to be offered by the Nashua Police Department;

I. Exercise managerial policy as set forth in RSA 273-Ail, XI, and other pertinent
laws.

None of the rights, responsibilities, and prerogatives that are delegated to the Commission by
virtue of statute and Charter provisions and ordinances shall be subject to the grievance
procedure hereunder. The foregoing Management Rights are set out for purposes of illustration
and not limitation; the Commission retains all such rights, powers, and authority not otherwise
specifically relinquished, restricted, or modified by the terms of this Agreement, whether
exercised or not.

ARTICLE 9 - 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 Article.

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 Department or
encourage others to do so; or engage, or participate in any other form of job action.

ARTICLE 10 - COLLECTIVE BARGAINING MEETINGS AND CONTRACTS

No more than three (3) representatives of the Union shall be designated to attend collective
bargaining meetings with the Commission or its representatives. The designated representatives
of the Union shall be given a reasonable opportunity to meet with the Commission or its
representatives during working hours unless any of the below conditions exist.

No essential employee shall attend negotiating meetings who is normally scheduled for duty
during the time the meeting is being held unless approved previously by the Division Supervisor
or designee and coverage is available without causing overtime to the Department.
Representatives attending collective bargaining meetings shall attend without loss of pay (if
normal work time) and without overtime compensation (if not scheduled to work during the time of
the negotiation meeting).

The Commission agrees to make arrangements for and assume the cost of printing this
Agreement. The Union agrees to provide a copy of the Agreement to each employee it
represents.

ARTICLE 11 - SHOP STEWARD/INVESTIGATION OF ISSUES

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

An off-duty Shop Steward or Alternate Shop Steward shall investigate all situations/issues
brought to his attention. Union 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, the Steward shall report the matter by telephone to the Union
Business Agent. If the issue cannot be settled amicably between the parties, the Grievance
Procedure shall be followed.

It is understood that time spent by union 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 off duty. Such persons shall only
be paid for their regularly scheduled workweek.

ARTICLE 12 - GRIEVANCE PROCEDURE

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

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

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.

SECTION A.

STEP 1. An employee having the grievance and the Union will present the grievance in writing to
the employee's immediate supervisor within seven (7) calendar days of its occurrence. The
supervisor will reply in writing to the grievant within seven (7) calendar days after the grievance is
presented. If the grievance is with the employee's immediate supervisor, he may go to STEP 2.

STEP 2. Failing a settlement at STEP 1, the grievant may present the grievance in writing to the
Services Bureau Commander or his designee within seven (7) calendar days after the reply in
STEP 1. The Services Bureau Commander or his designee will reply in writing to the grievant
within seven (7) calendar days after the grievance is presented in writing. If the grievance is
directed at the Services Bureau Commander or his designee, then the grievance may be started
at STEP 3.

STEP 3. Failing a settlement at STEP 2, the grievant may present the grievance to the Deputy
Chief in writing within seven (7) calendar days after the reply in STEP 2. The Deputy Chief will
reply in writing to the grievant within seven (7) calendar days after the grievance is presented. If
the Deputy Chief is unavailable for a response, the grievance will go to the next step, STEP 4. If
the grievance is directed at the Deputy Chief, then the grievance may be started at STEP 4.

STEP 4. Failing a settlement at STEP 3, the grievant may present the grievance to the Chief in
writing within ten (10) calendar days after the reply in STEP 3. The grievant will specify the
following:

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The nature and facts pertaining to the grievance;

B. The nature and extent of injury, loss, or inconvenience;
C. The alleged violation of the Agreement;

D. The basis for dissatisfaction with STEPS 1, 2, and 3;
E. The remedy that is desired;

F. The signature of the grievant.

The Chief will reply to the grievant in writing within ten (10) calendar days after the grievance is
presented. If the Chief is unavailable for response, this time period shall be automatically
extended until his return or until he has otherwise communicated his response through his
designee.

STEP 5. Failing a settlement at STEP 4, the grievant may present the grievance to the
Commission in writing within ten (10) calendar days after the reply in STEP 4. The grievant will
provide the same information as in STEP 4. The Commission will officially receive all grievances
during its regular monthly scheduled meeting. The Commission will reply in writing to the grievant
within fifteen (15) working days after the grievance is presented during the Commission's monthly
meeting.

STEP 6. Failing a settlement at STEP 5, the grievant may present the grievance in writing to the
union within thirty (30) working days after the reply in STEP 5. If the Union feels that the
grievance has merit and that submitting it to arbitration is in the best interest of the Department,
the Union may submit the grievance to the Public Employee Labor Relations Board within thirty
(30) working days after receiving the grievance from the grievant. Expenses incurred under
STEP 6 will be paid equally by each party.

SECTION B.

The Union may file grievances on its own behalf, on behalf of its members, and if requested, on
behalf of non-members; any grievant may be represented at all stages of the Grievance
Procedure by himself/herself and by a representative selected and approved by the union, if the
grievant desires.

SECTION C - GRIEVANCES AGAINST THE UNION AND/OR MEMBER

The Commission or its designate will have the right to file grievances against the Union and/or a
member thereof. The grievance will be presented in writing to the Union and the member, if
applicable, within ten (10) calendar days of its occurrence, or when knowledge was obtained that
a grievance existed.

The Union will reply within thirty (30) working days after the grievance is presented. Failing a
settlement between the Commission or its designates and the Union, the grievance may be
presented to the Public Employees Labor Relations Board or the Hillsborough County Superior
Court within sixty (60) working days after the reply. Expenses incurred under SECTION C will be
paid equally by each party.

SECTION D - GENERAL PROVISIONS

Each grievance will be separately processed under the Grievance Procedure.

The parties recognize that after STEP 1 of the grievance procedure, additional time may be
required by both parties to process the grievance. The parties may agree in writing to extend any
of the time limits set forth in any steps of the grievance procedure.

A. In all other circumstances, management's failure to respond within the
established time limits shall automatically advance the grievance to the next step.

B. If the Union fails to respond within established time limits, the grievance shall be
considered settled on the basis of management's last answer.

Union representatives normally shall 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.

During any step involved in the grievance procedure, the grievant, union representatives, or
witnesses for the grievant, shall not be paid overtime for time spent during off-duty hours.

SECTION E.

No party action under STEP 6 will have any power to award any monetary damages (other than
back wages), make any changes in, modification or alteration of, addition to, or subtraction from,
any of the terms of this Agreement. The Department does not have binding arbitration.

ARTICLE 13 — VACATIONS
SECTION I - GENERAL POLICIES

For purposes of this article, full-time employees averaging 37% hours a week will be considered
40-hour-a-week employees. Accruals and deductions will be based on eight (8) hour days.

The full-time (averages 371 hours a week or over) anniversary date of continuous Department
employment shall be used to calculate a full-time employee's length of service with respect to
paid vacation eligibility. Length of service shall be measured from the employee's most recent
full-time date of hire with the Department. Vacation time is accrued for any month in which the
individual has been employed at least fifteen (15) calendar days, beginning the first of any month.
The accrual rate is based upon the years of full-time, continuous Department employment on the
fifteenth of every month.

Paid sick leave and absences for jury or military reserve duty are considered time worked for
vacation accrual purposes. If a holiday falls during a vacation week, Communications Division
personnel will still receive an additional eight hours of holiday pay.

Transfers from Another City Bargaining Unit: If an employee transfers from another City
Bargaining Unit (outside of the Department) or other City Department, he shall be paid for all
accrued vacation leave by the appropriate City Department and shall not transfer any vacation
accruals.

Loss of Accrued Vacation Time: If a probationary employee resigns, is laid-off, or is
discharged any time before completing six (6) months of continuous service, he shall lose all
accrued vacation time. During an unpaid leave of absence, an employee does not earn any
vacation time. If an employee's vacation balance exceeds twice the amount of vacation he would
earn in a year, the employee will lose any days beyond this amount.

Payment of Accrued Vacation Pay: Any regular employee who is laid-off, retires, or resigns is
entitled to receive accrued vacation pay prorated to the date when active employment ceases.
All accrued vacation time shall be paid in a lump sum to the Employee’s Estate, if death occurs
while employed by the Nashua Police Department.

Requesting Use of Vacation Time:

1.

Probationary Personnel: Because of the importance of the Field Training
Program for new personnel, employees must complete (4) four months of
continuous service before taking any accrued vacation time.

Approval of Vacation:

A.

Employees will have the appropriate time accrued before use of vacation
time is approved, except as provided in paragraphs "B" and "C" listed
below.

An employee may be allowed to take vacation time if it has not yet been
accrued if authorized by the Chief of Police, a Deputy Chief, or the
Bureau Commander, but limited to a total of 80 hours (10 days) for full-
time employees. However, approval of advanced time will be denied if
the employee is not able to earn sufficient vacation time to offset the
advanced time before the end of the calendar year.

In accepting the use of unaccrued vacation time in advance, the
employee agrees to pay back the time through accrued vacation time.
Should the employee retire or resign prior to accruing the fronted
vacation time, the employee authorizes the City of Nashua to deduct any
compensation time they owe to the City from their final paycheck and/or
severance pay.

Once advanced vacation is approved, no additional vacation days will be
approved until the advanced time is earned.

Vacation block week requests will be defined as one calendar week and will run
from Saturday to Friday. Block weeks take precedence over personal days and
individual vacation days.

A.

Block weeks will be chosen by seniority each January 1 of every year.
Once a member is advised by a supervisor that it is his turn to pick, the
member will have 3 days from the date advised to submit the vacation
week request. Members not choosing vacation block weeks during the
3-day limit will result in their choices being bypassed by the next senior
member selecting. Once a block week has been selected and approved,
the approval is final.

Block weeks requested at a later date for less senior employees on a
particular shift shall have their vacation request for block weeks and
individual vacation days signed off by all senior employees on the shift
before submitting same to the Services Bureau Commander or designee
for initial approval. If a senior employee refuses to sign off on a vacation
week, the senior employee shall sign and state refused, with the time
and date on the form. The vacation request shall be turned in at that
time. If the senior employee does not request that vacation week within

1 week from the submittal, the block week shall be approved for the
junior employee.

C. Employees cannot take more than two (2) consecutive work weeks off at
any one time, except as approved by the Chief of Police or Deputy Chief
of Operations; said time shall not include any combinations of personal
days and swaps, etc., beyond two (2) additional days.

Employees are allowed to use one day of vacation at a time only upon approval
of their Services Bureau Commander or designee. Individual vacation days take
precedence over personal days.

In written form, the employee is to request the use of vacation time at least two
(2) weeks prior to the date of use, unless waived by the Chief of Police or
designee.

One Communications Division employee per shift, per side (Communications
Technician I's and Communications Technician Il’s_ represents the
Communications side and the Dispatcher and Shift Leader represent the
Dispatch side) is approved to be on a block week vacation at any one time. The
Services Bureau Commander or designee may authorize an additional
Communications Division employee to be on a block week vacation if conditions
(potential workloads, manpower requirements, etc.), allow approval.

Potential workloads or manpower requirements are considerations of a
supervisor before initially approving a block week, other than the two guaranteed
block weeks as described in paragraph #6 above, or individual vacation day
usage.

The approval of vacations is subject to the Grievance Procedure through Step 3,
Deputy Chief of Operations level, at which point, the decision shall be final and
binding upon the parties.

Final Approval of Vacation Time:

1.

Before final approval by the employee’s supervisor, the accrual of the necessary
vacation time needed must be verified by the appropriate personnel in the
Administrative Bureau.

A. The appropriate form will be completed by the supervisor or employee,
and forwarded to the appropriate Administrative Bureau personnel.

B. After approval, the form will be sent back to the employee’s Services
Bureau Commander or designee and the employee will be notified.

If a conflict arises in the use of vacation time among employees, the Services
Bureau Commander or designee will resolve any conflict through the Department
seniority date.

Once a vacation is approved and the dates are to be changed or canceled by the
employee, the employee must reapply. The employee must complete the
appropriate form canceling the vacation and the entire process must be
reinitiated.

Recall of Vacation: The approved vacation block week or individual vacation day is subject to
recall by the Chief of Police or designee for any emergencies (crisis, disaster, or tragedy) that

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arise. Employees shall be paid time and half of their regular rate of pay for a callback when on
vacation and granted an additional vacation day, which may be banked for future use.

SECTION Il — ACCRUAL RATE

Full-time Employees covered by this Agreement shall accrue vacation in accordance with the
following schedule, and shall be eligible to use accrued vacation after four (4) months of
continuous service:

1. LESS THAN 5 YEARS OF CONTINUOUS SERVICE: 11 DAYS PER YEAR: 40-
hour a week employees = 88 hours, accrued at the rate of 7.33 hours per month
worked

2. 5 YEARS, BUT LESS THAN 10 YEARS OF CONTINUOUS SERVICE: 15 DAYS

PER YEAR: 40-hour a week employees = 120 hours, accrued at the rate of 10
hours per month worked

3. 10 YEARS, BUT LESS THAN 15 YEARS OF CONTINUOUS SERVICE: 22
DAYS PER YEAR: 40-hour a week employees = 176 hours, accrued at the rate
of 14.66 hours per month worked

4. 15 YEARS, BUT LESS THAN 20 YEARS OF CONTINUOUS SERVICE: 25
DAYS PER YEAR: 40-hour a week employees = 200 hours, accrued at the rate
of 16.66 hours per month worked

5.
Effective July 1, 2022 (FY2023)

1. 20 YEARS, BUT LESS THAN 25 YEARS OF CONTINUOUS SERVICE: 29
DAYS PER YEAR:
40-hour a week employees= 232 hours, accrued at the rate of 19.33 hours per
month worked.

2. 25 YEARS OR MORE OF CONTINUOUS SERVICE: 30 DAYS PER YEAR
40-hour a week employees= 240 hours, accrued at the rate of 20 hours per
month worked.

Additional or new benefits contained in Section II “Accrual Rate” shall commence on July 1, 2017,
and shall only be retroactive to that date and after this Agreement has received all required
approvals.

ARTICLE 14 - HOLIDAYS

For the purposes of this article, a "holiday' means an eight (8) hour day for full-time employees
averaging 37 v2 hours a week. After completing the first thirty (80) calendar days of employment,
full-time employees will receive a day's pay at their regular straight time rate for the below
holidays.

In order to qualify for holiday pay, full-time employees who are off-duty on the day of the holiday,
must have worked their last scheduled duty day prior to the holiday and the first scheduled duty

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day after the holiday, or been absent on authorized leave on either or both of these days.
"Authorized leave" is defined as an occupational injury, bereavement leave, vacation or sick
leave, jury duty, military reserve or National Guard duty, paid leave, court appearance by
subpoena, or other compensatory time off, determined by the employee's supervisor.

Full-time employees are eligible to receive twelve (12) holidays per year plus the Presidential
Election Day (every fourth year beginning 7/1/2020)

Holidays that fall on Saturday are celebrated on Friday, and ones that fall on Sunday are
celebrated on Monday.

Standard Holidays: Nine (9) of the holidays are the same from year to year. The nine standard
holidays are:

NEW YEAR'S DAY INDEPENDENCE VETERANS’ DAY
DAY

CIVIL RIGHTS DAY LABOR DAY THANKSGIVING

MEMORIAL DAY COLUMBUS DAY CHRISTMAS DAY

Presidential Election
Day (every 4” year
beginning 7/1/2020)

Floating Holidays: Three (3) holidays are determined by the Board of Police Commissioners or
the Chief of Police in January of each year.

Holiday Pay for Essential Employees: [Essential full-time employees are required to work
holidays if they fall on their regularly scheduled workday. [Essential full-time employees shall
receive one day's pay at their regular rate for the above holidays in addition to their regular pay.
All Communications personnel are considered essential employees.

ARTICLE 15- DRESS & GROOMING CODE

It is the policy of the Nashua Police Department to provide certain guidelines to insure a
professional image in the grooming and dress of its employees.

Communications Personnel Dress: It is the policy of the Nashua Police Department that its
employees project_a professional image in their grooming and dress. Communications
personnel are allowed to wear Business Casual attire. A_list_of_ acceptable Business
Casual Attire and Unacceptable Business Casual Attire can_be found under Rules and

Regulations Chapter 6.

Uniforms:

1. The Chief of Police may institute the wearing of uniform for Communications
Division personnel at any time. Said Uniform Program will be at the
Department’s expense and is subject to allotment and replacement policies as
established by the Department. If uniforms are instituted, Communications
Division personnel will not be permitted to wear civilian clothing; therefore, the
above language under Communications Personnel Dress will no longer apply
except for probationary employees or those who have not yet been issued their
uniforms by the Department. There will be an appropriate transition period set
aside by the Chief of Police or designee for the conversion from civilian clothing
to uniforms.

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2. Upon approval by the Chief of Police or designee, damaged or worn uniform
clothing will be replaced at the Department's expense upon notice by the
employee through an intradepartmental communication. The article of damaged
or worn uniform clothing will be presented for inspection to an appropriate
supervisor at the time of the request and submission of the intradepartmental
communication.

3. The Chief of Police may discontinue the wearing of uniform for Communications
Division personnel at any time. _ If the wearing of civilian clothing is instituted,
Communications Division personnel will not be permitted to wear uniforms. There
will be an appropriate transition period set aside by the Chief of Police or
designee for the conversion from uniforms to civilian clothing.

Grooming: Personal appearances of all male and female employees should be clean and neat.
Mustaches, beards, and hairstyles should be neatly trimmed and groomed.

ARTICLE 16 —- INSURANCES

MEDICAL & HEALTH INSURANCE

SECTION I —- HEALTH INSURANCE

Except as otherwise provided in this Article 16, upon the request of an eligible member of the
bargaining unit, the City shall provide the premium for an individual, two-person, or family
plan of one but not more of, the following plans, if available, or a comparable plan if the
following plan(s) are not available:

a. Point-of-Service Plan;

b. HMO Plan;
c. High Deductible Health Plan with Health Savings Account (HDHP w/
H.S.A.)

d. The City may make additional plans available to members with benefit
levels and premium cost sharing determined by the City in its sole
discretion.

Effective July 1, 2021 (FY2022): The city shall contribute 70% of the premium of option “a” and
80% of the premium of option “b” and “c”. The following plans offered by the City shall have the
following co-pays and deductibles:

Option “a”: Point of Service:

1) Twenty Dollars ($20.00) per medical visit;

2) One Hundred Dollars ($100.00) per emergency room visit;

3) Two Hundred Fifty Dollars ($250.00) per person, Five Hundred Dollars
($500.00) per two-person/Family Inpatient/Outpatient Facility Deductible;

4) Three (3) Tier Pharmacy Benefit of $5/15/35 ($5/30/70 mail order).

Option “b”: HMO Plan:
1 Twenty-five Dollars ($25.00) per medical visit;

2 One Hundred Dollars ($100.00) per emergency room visit ;( co-payment
waived if admitted)

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3 Fifteen Hundred Dollars ($1500.00) per person, Three Thousand Dollars
($3000.00) per two-person/Family Inpatient/Outpatient Facility Deductible;
4 Three (3) Tier Pharmacy Benefit of $10/$30/$50 ($20/$60/$100 mail order).

Option “c” High Deductible Health Plan with Health Savings Account (HDHP w/ H.S.A.):

The deductibles for this plan will be $2000 for an individual plan and $4000 for a 2-person or
family plan. The City will contribute $1500 of the $2000 for the single plan (the remaining $500
will be the responsibility of the employee) and $3000 of the 2-person or family plan (the remaining
$1000 will be the responsibility of the employee).

The City H.S.A contribution will be distributed in 2 installments, one on or about July 1 and one on
or about October 1 of each year. If an employee is required to pay more towards his/her
deductible than the initial 50% contribution, upon presentation of suitable documentation, the City
will contribute the remaining 50% prior to October 1. Employees who retire between July 1 and
October 1 will receive their July 1 City contribution. If the retired employee keeps the City
insurance plan they will also receive the October 1 contribution. If the employee does not keep
the City plan they will not be eligible for the October 1 contribution. If an employee retirees after
October 1 they will keep the City contribution.

Coverage for new employees is available on the 1% of the next month following date of hire if
hired on or before the 15th of the month; and on the 1st of the month following a full month of
employment if hired after the 15' of the month. Employees who do not enroll on their initial
eligibility date may subsequently only do so during the annual open enrollment period or following
a “qualifying event’.

The option of the health care plan is at the sole discretion of the City. It is agreed by all parties
concerned that the City reserves and shall have the right to change insurance carriers provided
the benefits to participants are comparable and the City elects the least expensive plan available
to provide such benefits.

Should the City determine that it is in the best interests of the City to offer a “comparable” plan to
either option “a” or “b”, it shall provide at least one hundred twenty (120) days prior written notice
to the Union and documentation of the cost to members and the benefits that will be provided
under the comparable plan. Should the Union determine that the proposed plan is not
comparable, the grievance shall not be subject to the grievance procedure (Article 12), and shall
be submitted directly for arbitration no later than thirty (80) days after the Union is notified of the
proposed change to the comparable plan. The grievance shall be heard in an expedited manner.

The decision of the arbitrator shall be binding on both parties.

For the purposes of this article, a “comparable” plan means: a comparable plan means one that offers
the same type of benefits, but benefits do not have to be exactly the same. In addition, the plan must
provide reasonable access to health services and physicians, including specialists and hospitals.

Restrictions for Newly Hired Employees: After the signing of the Contract: Newly hired
employees must sign up for a minimum of one (1) year with plans “b” or “c” and may change to
another plan during the normal group re-opening period.

In the event that any employee’s spouse is employed by the City of Nashua, the Nashua School
District, or another agency of the City, the employee shall be entitled to health insurance premium
coverage either pursuant to this article or pursuant to the coverage afforded to his/her spouse,
but not both.

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