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(7) IN THE EVENT OF THE CONTRACTOR'S NONCOMPLIANCE WITH THE NONDISCRIMINATION CLAUSES
OF THIS CONTRACT OR WITH ANY OF THE SAID RULES, REGULATIONS, OR ORDERS, THIS CONTRACT MAY
BE CANCELED, TERMINATED, OR SUSPENDED IN WHOLE OR IN PART AND THE CONTRACTOR MAY BE
DECLARED INELIGIBLE FOR FURTHER GOVERNMENT CONTRACTS OR FEDERALLY ASSISTED
CONSTRUCTION CONTRACTS IN ACCORDANCE WITH PROCEDURES AUTHORIZED IN EXECUTIVE ORDER
11246 OF SEPTEMBER 24, 1965, AND SUCH OTHER SANCTIONS MAY BE IMPOSED AND REMEDIES
INVOKED AS PROVIDED IN EXECUTIVE ORDER 11246 OF SEPTEMBER 24, 1965, OR BY RULE,
REGULATION, OR ORDER OF THE SECRETARY OF LABOR, OR AS OTHERWISE PROVIDED BY LAW.

(8) THE CONTRACTOR WILL INCLUDE THE PORTION OF THE SENTENCE IMMEDIATELY PRECEDING
PARAGRAPH (1) AND THE PROVISIONS OF PARAGRAPHS (1) THROUGH (8) IN EVERY SUBCONTRACT OR
PURCHASE ORDER UNLESS EXEMPTED BY RULES, REGULATIONS, OR ORDERS OF THE SECRETARY OF
LABOR ISSUED PURSUANT TO SECTION 204 OF EXECUTIVE ORDER 11246 OF SEPTEMBER 24, 1965, SO
THAT SUCH PROVISIONS WILL BE BINDING UPON EACH SUBCONTRACTOR OR VENDOR. THE
CONTRACTOR WILL TAKE SUCH ACTION WITH RESPECT TO ANY SUBCONTRACT OR PURCHASE ORDER AS
THE ADMINISTERING AGENCY MAY DIRECT AS A MEANS OF ENFORCING SUCH PROVISIONS, INCLUDING
SANCTIONS FOR NONCOMPLIANCE:
PROVIDED, HOWEVER, THAT IN THE EVENT A CONTRACTOR BECOMES INVOLVED IN, OR IS
THREATENED WITH, LITIGATION WITH A SUBCONTRACTOR OR VENDOR AS A RESULT OF SUCH
DIRECTION BY THE ADMINISTERING AGENCY, THE CONTRACTOR MAY REQUEST THE UNITED STATES
TO ENTER INTO SUCH LITIGATION TO PROTECT THE INTERESTS OF THE UNITED STATES.

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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) calendar days after receiving the grievance from
the grievant.

SECTION A

Expenses incurred under STEP 5 will be shared equally by the Commission and the
Union.

SECTION B

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)
calendar days after the grievance is presented. Failing a settlement between the
Commission or its designees and the Union, the grievance may be presented to the Public
Employee Labor Relations Board within sixty (60) calendar days after the reply.

SECTION C
No party action under STEP 5 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.

ARTICLE 13
VACATIONS

Part-Time Positions:

Vacation time is accrued for any month in which the individual has been employed prior
to and including the 15" of the month. The accrual rate is based upon continuous
department employment on the fifteenth of every month. After satisfactory completion
of a probationary period as determined by the Chief of Police or designee, but not
exceeding one (1) year, employees are eligible to take vacation leave. Part-time
employees shali receive prorated vacation days and shall reach maximum accrual cap
based on full-time accrual. A vacation balance of not more than two times the annual
accrual can be earned by the member’s “anniversary date”. On the 15" of the month
closest to the anniversary date, should the vacation balance be over the two times
maximum accrual, the balance will be decreased to two times the annual acerual. The
employee will then be allowed to accrue vacation for that month and the following
months up to the “anniversary date.

Full-Time Positions:

Vacation time is accrued for any month in which the individual has been employed prior
to and including the 15" of the month. The accrual rate is based upon continuous full-
time department employment on the fifteenth of every month. After satisfactory
completion of the probationary period as determined by the Chief of Police or designee,
but not exceeding one (1) year and classification as a "regular employee", full-time
employees covered by this Agreement are eligible to take vacation leave. Full-Time
employees shall accrue vacation in accordance with the following schedule:

A.

Beginning July 1, 2020:

A. Less than 5 years of continuous service: 13 days per year

B. Five (5) years, but less than Ten (10) years of continuous service: 17 days
per year

C, Ten (10) years, but less than Fifteen (15) years of continuous service: 24
days per year

D. Fifteen (15) years, but less than Twenty (20) years of continuous service:

25 days per year

E. Twenty (20) years , but less than Thirty (30) years of Continued Service:
29 days per year

F. Thirty (30) years or more of continued service: 30 days

Vacation Policies:

A. The full-time (works 35 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.

B. Vacation time is accrued for any month in which the individual has been
employed prior to and including the fifteenth (15) of any month. The
accrual rate is based upon the years of full-time, continuous department
employment on the fifteenth of every month.

C. Paid sick leave and absences for jury or military reserve duty are
considered time worked for vacation accrual purposes.

D. If a holiday falls during a vacation week, holiday pay will be given in lieu
of a vacation day.

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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. Upon retirement a maximum of 2 times the annual amount of
vacation accrual will be paid at that time. When calculating accrued
vacation time, fractional hours shall be rounded up to the next full hour.

All accrued vacation time shall be paid in a lump sum to the employee’s
beneficiary, as specified in writing by the employee on an approved form,
if death occurs while employed by the Nashua Police Department. If no
beneficiaries are designated by the employee, the accrued vacation leave
will be paid to the employee’s estate.

Transfers from another City Bargaining Unit or other City Department:

A.

Full-Time Employees: If a full-time employee transfers from another
City bargaining unit 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. The full-time anniversary date of
continuous City employment shall be used to calculate a full-time
employee's length of service for accrual purposes.

Part-Time Employees: If a part-time employee transfers from another
City bargaining unit 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. The full-time anniversary date of
continuous department employment shall be used to calculate a part-time
employee's length of service for accrual purposes.

Loss of accrued vacation time:

A.

If a probationary employee resigns, is laid-off, or is discharged any time
before completing his probationary period not exceeding one (1) year, he
shall lose all accrued vacation time.

During an unpaid leave of absence, an employee does not earn any
vacation time.

A vacation balance of not more than two times the annual accrual can be
earned by the member’s “anniversary date.” On the “anniversary date,”
should the vacation balance be over the two times maximum accrual, the
balance will be decreased to two times the annual accrual. The employee
will then be allowed to accrue vacation for that month and the following
months up to the “anniversary date”’.

Requesting use of vacation time:

A.

Employees must complete six months of continuous service before taking
any accrued vacation time unless otherwise designated in this Article.

Employees will have the appropriate time accrued before use of vacation
time is approved. An employee may be allowed to take vacation time if it
has not yet been accrued if authorized by the Chief of Police or designee.

Requests for the use of vacation shall be in 5-day (40 hours, 37 1/2 hours
or 35 hours per week) blocks.

Employees are allowed to use vacation in one- or half-day or one (1) hour
increments of vacation leave at a time only upon approval of their bureau
commander or designee.

Employees may use partial vacation days in any increment for payment of
time used for valid FMLA incidents.

Except as approved by the Chief of Police or designee, employees cannot
take more than two (2) consecutive work weeks of vacation at any one
time.

Approval of Block Weeks: In written form, employees are to request the
use of block week vacations at least three (3) weeks prior to the date of
use, unless waived by the Chief of Police. Employees may request use of
vacation one (1) year in advance. Said requests for less senior employees
in a bureau, division, or shift shall have their vacation request for block
weeks and individual vacation days signed off by all senior employees in
ihe bureau, division, or shift before submitting same to the Bureau
Commander or designee for initial approval. Upon being requested to sign
off the vacation use, the senior employee(s) will have one week to finalize
this process. The appropriate Bureau Commander or designee may extend
the one-week iimit due to the unavailability of the senior employee(s).
The only valid reason for a senior employee not to sign off the vacation
request is due to a conflicting vacation usage by the senior employee. If
not completed previously, the senior employee must complete a vacation
request within one (1) week. If the senior employee does not complete his
vacation request or sign off the less senior employee’s vacation request,
the requesting employee will document the circumstances via an
intradepartmental memorandum, attach it to the vacation request, and
submit it to his Bureau Commander or designee for initial approval.

Approval of Individual Vacation Days: In written form, employees are
to request individual vacation days at least three (3) days prior to their use;
however, supervisors may waive this time restriction.

Responsibilities of Supervisors: Potential workloads, manpower
requirements, or any possibility of an emergency situation are
considerations of a supervisor before approving usage. Upon receipt of
the vacation request, supervisors will respond as soon as possible, but
within two (2) weeks of receipt of the block week vacation request. Due
to the limited time frame of individual vacation days, supervisors will
respond to the vacation request prior to the date of the requested use,

Number of Employees Allowed at One Time: The number of employees
allowed on vacation at one time shall be determined by the Chief or his
designee and shall not be affected by the availability of police officers.

Final Approval: 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 Financial Services Division.

l. The appropriate form will be completed by the supervisor or
employee, and forwarded to the appropriate Financial Services
Division personnel.

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After approval, the form will be sent back to the employee's
Bureau Commander and the employee will be notified.

Resolving Conflicts: If a conflict arises in the use of vacation time
among employees, the Bureau Commander or designee will resolve any
conflict. The Bureau Commander or designee will use the following
hierarchy in order to resolve conflicts:

Merit Supervisors

Senior Full-Time Employees
Junior Full-Time Employees
Part-Time Employees

Changed/Canceled Approved Vacation: 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 began again.

Recall of Vacation: Any approved vacation is subject to recall by the
Chief of Police or designee due to workloads, manpower requirements,
and any emergencies that arise. Employees shall be paid time and half of
their regular rate of pay for a callback when on vacation and granted an
equivalent amount off vacation time, but no less than one day, which may
be banked for future use.

ARTICLE 14
HOLIDAYS

Part-Time Employees:

Part -time employees will receive a day’s pay at their regular straight time rate for the
below holidays. For accrual purposes, a "holiday" for part-time employees means a day
of their normal weekly work schedule. The holidays are:

NEW YEAR'S DAY LABOR DAY CHRISTMAS DAY
MEMORIAL DAY VETERANS DAY
FOURTH OF JULY THANKSGIVING DAY

Full-Time Employees:

Full-time employees will receive a day's pay at their regular straight time rate for the
below holidays. For accrual purposes, a “holiday” for full-time employees means an
eight (8) hour day for 40-hour a week employees.. Full-time employees are eligible to
receive twelve (12) holidays per year, plus the Presidential Election Day (every fourth
year).

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

NEW YEAR'S DAY INDEPENDENCE DAY VETERANS DAY

CIVIL RIGHTS DAY LABOR DAY THANKSGIVING
DAY

MEMORIAL DAY COLUMBUS DAY CHRISTMAS DAY

Floating Holidays:

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

Holiday Policies:

A. In order to qualify for holiday pay, full-time and part-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 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, court appearance by subpoena, or other
compensatory time off, determined by your supervisor.

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

Holiday Pay for Non-Essential Emplovees:
Non-essential full-time employees do not work holidays, but receive a paid day off.
Holiday Pay for Essential Employees:

Essential full-time employees are required to work holidays if they fall on their regularly
scheduled work day. Essential full-time employees shall receive one day's pay at their
regular rate for the above holidays in addition to their regular pay. The Chief of Police or
designee shall have the authority to add positions to this list of essential personnel as
warranted in order to maintain efficient department operations. Essential personnel are,
but are not limited to, Receptionists and Detention Specialists.

ARTICLE 15
UNIFORMS, DRESS & GROOMING CODE

General Policies:

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. Due to tours and visits
from official representatives and public contacts, police headquarters is often open to
outsiders. It is the policy of the Nashua Police Department that its employees project a
professional image in their grooming and dress.

Uniforms/Specialized Apparel:

Certain employees are designated by the Chief of Police or designee to wear uniforms or
specialized apparel. They shall conform to the uniform requirements and specifications
as listed under the Nashua Police Department Rules and Regulations Manual. Upon
employment with the Nashua Police Department, designated employees will receive
initial issue of uniforms as determined by the Chief of Police or designee. Needed
replacement will be issued as authorized by the Chief of Police or designee.

Civilian Clothing:

Male and female members permitted to wear civilian clothing shall conform to standards
normally worn by office personnel in professional, private business firms unless
otherwise directed by a supervisor. On Friday through Sunday and holidays, employees

may elect to wear clothing conforming to the standards of the Department for business
casual dress. It will be at the discretion of the Chief of Police or designee to make a
determination of acceptable or nonacceptable attire.

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

MEDICAL & LIFE INSURANCE

All employees covered by this Collective Bargaining Agreement shall receive benefits
under this Article. The provider shall be Alligiant Care POS Plan A with DN 1,
prescription drug, vision, hearing, health club and life insurance.

The City shall be responsible for a contribution not to exceed an amount equal to an 80%
contribution for a Harvard Pilgrim Health Care of New England (HMO) plan, or other
HMO plan offered by the City if Harvard Pilgrim Health Care of New England plan is no
longer offered by the City, and the HMO plan having the same deductibles and co-pays
required of other unionized unsworn employees at the police department plus an amount
equal to the City’s contribution for dental insurance coverage for City merit employees.
In no instance shail the City’s contribution exceed the actual cost of the employee’s
health insurance plan.

For the purpose of illustration, the City would make the following contributions effective
upon approval of this collective bargaining agreement:

One person plan: $575.51 + $52.77 = $628.28 per month
Two person plan: $1,161.70 + $99.63 = $1,261.33 per month
Family plan: $1,553.98 + $99.63 = $1,653.61 per month

Employee shall be responsible for the balance of any premium not covered by the City’s
contributions.

Should the Union vote to have its members participate in the City offered health care
plans, the employees shail contribute the same percentage of the premiums as contributed
by a majority of City employees on those plans as well as being responsible for ali co-
pays and deductibles for which the majority of City employees are responsible for under
the offered health care plans.

The health insurance through Northern New England Benefit Trust shall only be
available to current members that are enrolled in the City of Nashua health insurance

plans or employees hired after the date of ratification of this Agreement. In the event of a
spouse’s death, divorce, or a job loss resulting in a member’s loss of health insurance
coverage under that spouse’s plan, the member shall be allowed to join Northern New
England Benefit Trust.

Alligiant Care shall retain the right to modify said Plan should experience become
unmanageable.

Upon retirement, members shall be entitled to enroll in the City’s health and dental plans
so that they will receive the same benefits as other similarly situated retired City
employees.

LIFE INSURANCE

Full-time employees and other employees working a regular schedule of at least 30 hours
per week are eligible to participate in the city's group term life insurance benefit. The
benefit is equal to one and one-half times the annual basic rate of pay of each employee.
If an employee elects to participate, the City will pay 100% of the premium cost. This
benefit also provides for optional term life insurance and is 100% employee paid. The
benefit amounts are determined by the insurance carrier, and the cost of optional
coverage is determined by your age.

SHORT TERM DISABILITY COVERAGE

The City of Nashua will offer Short Term Disability coverage to all employees covered
under this CBA. Participation in this program will be completely optional and funded
entirely at the employee’s expense.

ARTICLE 17
SICK LEAVE

Part-Time Employees:

For the purposes of this article, sick leave deductions during one workday shall be the
employee’s normal workday. Part-time employees shall receive prorated sick days and
reach maximum accrual caps based on full-time accruals for employees hired prior to the
signing of this contract. (Examples below.)

32 hours = 8 Hours each Month or 96 hours a year, cumulative to a
maximum of 576 hours.

34 hours = 8.5 Hours each Month or 102 hours a year, cumulative to a
maximum of 612 hours.