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INDEX

ARTICLE PAGE
NUMBER TITLE OF ARTICLE NUMBER
I Preamble 2
2 Recognition 2
3 Definitions 3
4 Stability of Agreement 4
5 Open Shop 4
6 Deduction of Dues 4

6A Agency Fee 5
7 Employee Rights 3
8 Management Rights 6
9 Strikes & Work Stoppages 7
10 Collective Bargaining Meetings & Contracts 7
il Shop Steward/Investigation of Issues 8
12 Grievance Procedure 8
13 Vacations ll
14 Holidays 16
15 Uniforms, Dress & Grooming Code \7
16 Medical & Life Insurance 18
17 Sick Leave 19
18 Bereavement Leave 23
19 Leaves of Absence 25
20 Personal Days 2
21 Exchange of Workdays 28
22 shift Exchanges 29
23 Wages 30
24 Work Schedules 33
25 Overtime 37
26 Lunch Time & Coffee Breaks 38
27 Compensatory Time (Time Coming) 39
28 Worker's Compensation 40
29 Vacancies Al
30 Work Policies & Regulations 42
31 Long Term Disability Coverage 43
32 Retirement System 43
33 Department Seniority 43
34 Layoffs, Recalls & Elimination of Positions 44
35 Longevity 45
36 Bulletin Board AG
37 Partial Invalidity, Separability & Compliance with Laws 47
38 Waiver AT
39 Educational Reimbursement 48
40 Emergency Leave / Personal Time 49
41 Teamster D.R.I.V.E. 50
42 Credit Union 51
43 Term of Agreement 51

ARTICLE 1
PREAMBLE

Pursuant to New Hampshire RSA 273-A, and other applicable laws and statutes, this
Agreement has been entered into by the Nashua Board of Police Commissioners,
hereinafter referred to as the "Commission" and the Teamsters, Local 633, and the
civilian employees of the Nashua Police Department, as listed under the current PELRB
Certification of Representative, hereinafter referred to as the "Union." Both parties agree
to be bound by the provisions of this Agreement.

NOTE: All references herein to the masculine gender shall be construed to
include the feminine, and all singular to include the plural.

ARTICLE 2
RECOGNITION

As defined in Article 1 above, the Commission recognizes, in accordance with RSA 273-
A only, the Teamsters Union as the sole and exclusive representative for the included
civilian employees of the Nashua Police Department excluding probationary employees
as defined in Article 3 of this contract, for the purposes of collective bargaining with
respect to wages, hours, and other terms and conditions of employment.

ARTICLE 3
DEFINITIONS

A. COMMISSION: The Nashua Board of Police Commissioners.

B. CHIEF: Chief of Police of the Nashua, New Hampshire, Police
Department.

C. DEPARTMENT: The Nashua, New Hampshire, Police Department.
D. CITY OF NASHUA: The City of Nashua, New Hampshire.

E. DAY: In the case of paid leave, “day” means the number of hours an
employee works on a regularly scheduled work day.

F, EMPLOYEE: As identified on State of NH, Public Employees Labor
Relations Board's Certification of Representative form in accordance with
RSA 273-A.

G, GRIEVANCE: A written complaint signed by one or more employees
and the Union, or the Commission or Department which alleges a

violation, misinterpretation or misapplication of any grievable provision of
this Agreement.

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

MANAGEMENT: The Nashua Board of Police Commissioners, the
Chief of Police, the Deputy Chief of Operations, Bureau Commanders, or
their designee.

PARTIES: The Commission; the Union.

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

UNION: Teamsters Union, Local 633.

PROBATIONARY EMPLOYEE: An employee who has been hired,
recently promoted, or transferred and serving a six (6) month probationary
period. The probationary period may be extended another six months (one
year total probationary period) due to the performance of the employee.
The probationary period for a non-experienced Detention Specialist is one
year.

ESSENTIAL EMPLOYEE/PERSONNEL: An employee that is
essential to maintain the 24-hour operations of the Nashua Police
Department as determined by the Chief of Police or designee.

NON-ESSENTIAL EMPLOYEE/PERSONNEL: An employee that is
not usually essential to maintain the 24-hour operations of the Nashua
Police Department as determined by the Chief of Police or designee;
however, this condition may change due to emergencies that could occur.

REGULAR EMPLOYEE: A full-time employee that has completed a
probationary period.

FINANCIAL SERVICES DIVISION: A division within the Nashua
Police Department responsible for the compensation of department
employees.

DETENTION SPECIALIST: A non-exempt, and essential position that
is trained, or must qualify at specified times, to perform specialized duties.
The position shall perform those duties in the booking, care, and custody
of prisoners. Additionally, the position has the responsibility of assuring
the upkeep and maintenance, to include periodic searches, of the Detention
Area.

S. MERIT EMPLOYEE: A Nashua Police Department civilian employee
who is not covered under this Agreement.

T. FULL-TIME EMPLOYEE: An employee whose normal schedule requires
working 35 hours or more each week.

U. PART-TIME EMPLOYEE: An employee whose normal schedule requires
working less time than 35 hours each week.

ARTICLE 4
STABILITY OF AGREEMENT

No amendment to, modification of, or change in, the terms or provision of this
Agreement shall bind the Commission or the Union unless made and executed in writing
and signed by an authorized representative of each party.

ARTICLE 5
OPEN SHOP

Membership in the Union Is not compulsory. Employees may join or not, maintain, or
resign membership in the Union at their sole discretion. Nothing in this Agreement shall
be construed to require that any employee of the Department join the Union as a
condition of being hired or retained in employment.

Employees who are not members of the Union shall not be required to pay dues to the
Union. Neither the Union nor the Commission shall discriminate in favor of, or against,
any employee by reason of membership or non-membership in the Union.

The wages and benefits provided under this Agreement shall apply to all employees.

ARTICLE 6
DEDUCTION OF DUES

An employee, who is or who may become a member of the Union, may execute a written
authorization providing that a portion of his 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 Commission or appropriate designee shall
notify the Chief Financial officer or appropriate designee to deduct from salary due, the
amount authorized.

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
Secretary/Treasurer of the Union as follows: Comptroller-Teamsters Local 633; 265
Maple Street; Manchester, New Hampshire 03103. The deduction shall be only in the

amount certified in writing by the President or the Secretary/Treasurer of the Union, as
representing monthly dues uniformly required as a condition of acquiring or retaining.
membership.

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

Dues deductions shall be subordinate to deductions required by law. No deductions shall
be made if an employee has insufficient salary in any pay period. The Commission nor
the City of Nashua shall not be responsible for deducting any arrearage in dues owed to
the Union by a member. Deductions shall automatically terminate upon the occurrence
of any of the following events:

Termination of employment;

Transfer out of the bargaining unit;

Lay-off or reduction in force;

Revocation by the employee of Dues Authorization.

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

ARTICLE 6A
AGENCY FEE

If permitted by law and only in accordance with lawful procedures and required
authorizations, the Commission agrees to deduct an agency fee from the wages of each
employee who is not a member of the Union in the same manner as the collection of
Union dues. The Union shall indemnify and save harmless the Commission, the Nashua
Police Department, and the City of Nashua from any and all suits, claims, and damages
arising out of or in connection with such deductions.

ARTICLE 7
EMPLOYEE RIGHTS

It is agreed that neither the Commission nor the Department will:

A. Dominate or interfere in the formation or administration of the Union;

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Discriminate in the hire, tenure, or the terms and conditions of
employment of employees, for the purpose of encouraging or discouraging
membership in the Union;

Discharge, suspend, discipline, or otherwise discriminate against any
employee because the employee has given information or testimony on a
grievance, as set forth in RSA 273-A;

Restrain, coerce, or otherwise interfere with the Union in the exercise of
this Agreement.

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

ARTICLE 8
MANAGEMENT RIGHTS

The Commission and its designees shall have, whether exercised or not, all of 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, including, but not limited to, the specific

rights to:

A,

Control the management and administration of the Nashua Police
Department;

Hire, promote, transfer, assign, retain, lay off, and direct employees within
the Nashua Police Department;

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

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

Determine the methods, means, and personnel by which Nashua Police
Department operations are to be conducted, as weil as to determine those
operations;

Determine the Job Classifications and Compensation based on a system
which classifies positions based on the skill, effort, responsibility, and
working conditions required;

Exercise complete control and discretion over the Nashua Police
Department, its organization, and the technology of performing its work;

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

1. Exercise managerial policy as set forth in RSA 273-A:l, 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. No essential
employee shall attend negotiating meetings who are normally scheduled for duty during
the time the meeting is being held unless approved previously by the Bureau Commander
or designee.

No more than two (2) such representatives attending negotiating meetings shall be
employees who are normally scheduled for duty during the time the meeting is being held
unless authorized by the Chief of Police. No more than one (1) such representative
attending negotiation meetings shall be employees who are normally scheduled for duty
during the time the meeting is being held who are in the same bureau/division. If there is
only (1} employee who works in a bureau/division or due to vacations, illnesses, ete., and
the employee will be the only person available in a bureau/division for that date or the

area is severely short-handed that particular day, he shall not attend the negotiation
meeting until the condition no longer exists.

The designated representatives of the Union shall be given a reasonable opportunity to
meet with the Commission or its representatives during working hours without loss of
compensation unless any of the conditions above exist.

The Commission agrees to post to the public drive a copy of this agreement. The Union
agrees to make each employee it represents aware of the availability of the Agreement on
the public drive.

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. ff 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 they are off
duty. They 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 his immediate supervisor within ten (10) calendar days of its occurrence. The
supervisor will reply in writing to the grievant within ten (10) 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 Divisional Supervisor, Bureau Commander, or Deputy Chief within ten
(10) calendar days after the reply in STEP 1. If the grievance is with the employee's
Divisional Supervisor, Bureau Commander, or Deputy Chief, he may go to STEP 3. The
Divisional Supervisor, Bureau Commander, or Deputy Chief will reply in writing to the
grievant within ten (10) calendar days after the grievance is presented in writing.

STEP 3. Failing a settlement at STEP 2, the grievant may present the grievance to the
Chief in writing within ten (10) calendar days after the reply in STEP 2. If the grievance
is with the Chief of Police, the grievance will still start at STEP 3. The grievant will
specify the following:

The nature and facts pertaining to the grievance;

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

The basis for dissatisfaction with STEPS 1 and 2;

The remedy that is desired;

The signature of the grievant.

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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 4. Failing a settlement at STEP 3, the grievant may present in writing within ten
(10) calendar days after the reply in STEP 3, the grievance to the Board of Police
Commissioners which is the final step of the grievance procedure. The Board of Police
Commissioners will receive all grievances at its regular monthly meetings or a special
hearing will be scheduled. The Board of Police Commissioners will reply in writing to
the grievant within fifteen (15) calendar days after the grievance is presented at a hearing.

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
Each grievance will be separately processed under the Grievance Procedure.
SECTION D

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.

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

2, The Union's failure to respond within established time limits, the
grievance shall be considered settled on the basis of management's last
answer.

3, 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 alow
investigation and processing thereof during working time. |

4, During any step involved in the grievance procedure, the grievant, union
representatives, or witnesses for the grievant, shall not be paid overtime if
not done during on-duty hours.

STEP 5. Failing a settlement at STEP 4, the grievant may present the grievance in
writing to the union within thirty (30) calendar days after the reply in STEP 4. If the