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RESOLUTION:

PURPOSE:

SPONSOR(S):

COMMITTEE
ASSIGNMENT:

FISCAL NOTE;

LEGISLATIVE YEAR 2021
R-21-106

Authorizing the Mayor and City Treasurer to issue bonds not
to exceed the amount of two million seven hundred thousand
dollars ($2,706,000) for various improvements at the Solid
Waste Department Four Hills Landfill and the purchase of two
refuse trucks

Mayor Jim Donchess

It is anticipated that the bond would be sold in FY 22/23 for a term
of twenty or twenty-five years, It is estimated the interest rate will
be approximately 2.5% and the total cost of the bond will be
approximately $3,287,250 including interest. The average annual
payment will be approximately $259,000 for the first 5 years and
then $132,000 for year 6 through 20.

ANALYSIS

This resolution authorizes the City to issue and sell general obligation bonds up to $2,700,000
for various improvements at the Solid Waste Department Four Hills landfill and the purchase of
two refuse trucks. These projects can be found in the FY 2021 Capital Improvements Program

and CERF list.

Pursuant to Nashua City Charter $54-a, this resolution requires a “duly advertised public
hearing”. Also see NH RSA 33:9, which requires a 2/3 vote of all the members for passage of

this resolution.

This legislation should be referred to the Board of Public Works for its review and approval.

Approved as to account
structure, numbers,
and amount:

Approved as to form:

Financial Services Division

By: _/s/John Griffin

Office of Corporation Counsel

By: Vow, Clay Ne
Date: A casaasuy J, ID

R-21-107

RESOLUTION

AUTHORIZING THE MAYOR AND CITY TREASURER TO ISSUE BONDS NOT TO
EXCEED THE AMOUNT OF FIVE MILLION ONE HUNDRED FIFTY THOUSAND
DOLLARS ($5,150,000) FOR THE CITY’S SEWER INFRASTRUCTURE PROGRAM

CITY OF NASHUA

In the Year Two Thousand and Twenty-One

RESOLVED by the Board of Aldermen of the City of Nashua that the Mayor of the City
of Nashua and the City Treasurer of the City of Nashua are hereby authorized to issue and sell
general obligation bonds of the City in an aggregate principal not to exceed five million one
hundred fifty thousand dollars ($5,150,000). The proceeds of said bonds shall be used for the
Sewer Infrastructure Program project. This project provides for rehabilitation or replacement of
broken, obsolete or failing sewer pipes, catch basins and manholes. This program also funds
repairs on an emergency basis, due to unexpected sewer failures. The useful life of said program
is 50 years.

Pursuant to Nashua City Charter §54-a, this resolution requires a “duly advertised public
hearing.” Also see N.H. RSA 33:9, which requires a 2/3 vote for passage of this resolution.

The bonds shall be general obligations of the City of Nashua, payable as to principal and
interest from ad valorem taxes, which will be levied without limitation as to rate or amount on all
taxable property within the territorial limits of the City of Nashua.

The bonds shall bear the manual or facsimile signature of the City Treasurer and the
Mayor. In accordance with Chapter 91 of the New Hampshire Acts of 2005, bonds issued
pursuant to this resolution shall not require an authenticating certificate of a bank or trust
company doing business in the State of New Hampshire or The Commonwealth of
Massachusetts, or the Commissioner of Revenue Administration.

The bonds are to be issued in fully-registered form by means of a book-entry system or
otherwise and shall have such terms and conditions and be in such form, subject to the provisions
of this resolution and applicable law, as shall be determined by the Mayor and the City
Treasurer.

RESOLVED FURTHER, that the Mayor is authorized to enter into the required
contracts therefor as well as any amendments to be made thereto or any other documentation
necessary for the receipt of said funds.

RESOLUTION:

PURPOSE:

SPONSOR():

COMMITTEE
ASSIGNMENT:

FISCAL NOTE:

LEGISLATIVE YEAR 2021
R-21-107

Authorizing the Mayor and City Treasurer to issue bonds not
to exceed the amount of five million one hundred fifty
thousand dollars ($5,150,000) for the city’s Sewer
Infrastructure Program

Mayor Jim Donchess

it is anticipated that the bond would be sold in FY 22 for a term of
twenty or twenty-five years. It is estimated the interest rate will be
approximately 2.5% and the total cost of the bond will be
approximately $6,501,800 including interest. The average annual
payment will be approximately $325,000 with the beginning years
at a higher amount.

ANALYSIS

This resolution authorizes the City to issue and sell general obligation bonds up to $5,150,000
for the annual sewer infrastructure program. This project can be found in the Capital

Improvements Program.

Pursuant to Nashua City Charter §54-a, this resolution requires a “duly advertised public
hearing”. Also see NH RSA 33:9, which requires a 2/3 vote of all the members for passage of

this resolution.

This legislation should be referred to the Board of Public Works for its review and approval.

Approved as to account
structure, numbers,
and amount:

Approved as to form:

Financial Services Division

By: _/s/John Griffin

Office of Corporation Counsel

By: Meuban Cur» Ke

Date: &% OD ot

R-21-108

RESOLUTION

APPROVING THE COST ITEMS OF A COLLECTIVE BARGAINING AGREEMENT
BETWEEN THE BOARD OF PUBLIC WORKS OF THE CITY OF NASHUA, NEW
HAMPSHIRE AND LOCAL 365 OF THE AMERICAN FEDERATION OF STATE,
COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO (“AFSCME”) FROM JULY 1, 2017
THROUGH JUNE 30, 2023 AND AUTHORIZING RELATED TRANSFERS

CITY OF NASHUA

In the Year Two Thousand and Twenty-One

RESOLVED by the Board of Aldermen of the City of Nashua that the cost items of the
attached collective bargaining agreement between the Board of Public Works of the City of
Nashua, New Hampshire and Local 365 of the American Federation of State, County and
Municipal Employees, AFL-CIO (“AFSCME”) are approved. The collective bargaining
agreement covers the period from July 1, 2017 through June 30, 2023.

This resolution authorizes the transfer of $276,012 from Department 194, Contingency,
Account #70150 “Contingency for Negotiations” into various departments, Account #51900
“Salary Adjustments” for the purpose of funding FY2021 base salary adjustments contained in
the agreement.

LEGISLATIVE YEAR 2021
RESOLUTION: R-21-108
PURPOSE: Approving the cost items of a collective bargaining agreement
between the Board of Public Works of the City of Nashua, New
Hampshire and Local 365 of the American Federation of State,
County and Municipal Employees, AFL-CIO (““AFSCME”) from July
1, 2017 through June 30, 2023 and authorizing related transfers

ENDORSER(S): Mayor Jim Donchess

COMMITTEE
ASSIGNMENT:

FISCAL NOTE: The cost analysis is attached.

ANALYSIS
This resolution approves the cost items of a collective bargaining agreement between the Board
of Public Works and AFSCME Local 365. The Agreement has a term of six years, commencing on
July 1, 2017 and expiring on June 30, 2023, The board of aldermen must vote whether or not to
approve the cost items of this contract within thirty days of receipt. RSA 273-A:3 II (c). This
proposed CBA was approved by the Board of Public Works on December 4, 2020,

The resolution authorizes a transfer of funds from “Contingency for Negotiations” into various
departments, salary adjustments to fund the FY2021 base salary adjustments contained in the
collective bargaining agreement. Charter Sec. 53 permits the Board of Aldermen to transfer any
unencumbered appropriation balance or any portion thereof from one department, fund or agency
to another. NRO § 5-130, H provides that ‘when proposed legislation to transfer or
reappropriate a particular appropriation or portion thereof has had its first reading, such funds
shall not be expended or transferred while the legislation is pending”.

Approved as to account Financial Services Division
number and/or structure a

and amount: ° By: /s/John Griffin
Approved as to form: Office of Corporation Counsel

By: Dyer A (Bur ke
Date: | ot

City of Nashua
AFSCME Contract Analysis

Description
Number of Employees in Analysis.
Rate Increases

Base Pay Increases
General Fund DPW
Solid Waste Fund
Wastewater

Base Pay Calculations
General Fund DPW
Solid Waste Fund
Wastewater

Total Base Pay
$ Change over Prior Year
Real Annual % Increase

Other Salary Costs:
General Fund DPW:
Overtime
Longevity
Clothing
Shift Differential
Snow Solo/Solo OT/Page to Punch
Snow OT Rate > 16 Hrs
Snow Pager Coverage
On Gall Pay
Total General Fund DPW

Solid Waste:
Overtime
Longevity
Clothing

Total Solid Waste

Wastewater:
Overtime
Longevity
Clothing
Shift Differential

Total Wastewater

Total Other Salary Costs
$ Increase
% Annual Increase

Total Base Pay and Other Salary Costs
$ Change over Prior Year
% Change over Prior Year

Retirement Costs:

General Fund DPW:
Pension @ DPW Rate of 9.15% of Base Pay
Medicare

Total General Fund DPW

Solid Waste:
Pension @ DPW Rate of 9.15% of Base Pay
Medicare

Total Solid Waste

Wastewater:
Pension @ DPW Rate of 9.15% of Base Pay
Medicare

Total Wastewater

Total Retirement Costs

$ Change over Prior Year
% Change over Prior Year

Insurance Benetits Costs:

Medical Insurance Costs

Less: Employee Contributions (20%)
Subtotal - Medical Costs to City
Dental Insurance Costs

Life Insurance Costs

Total Insurance Benefits Costs

$ Change over Prior Year

% Change over Prior Year

Total Costs

$ Change over Prior Year
% Change over Prior Year

Average Annual Total Compensation Package
Average Annual Increase per Employee
Average Percentage Increase per Employee

11/30/2020
Base

FY17 FY18 FY19 FY20 Fy21 FY22 FY23
104 104 104 104 104 104 104
1.50% 1.50% 1.50% 1.50% 2.00% 2.50%
$ 45,385 46,066 $ 46,757 $ 47,458 $ 64,227 $ 81,889
16,196 16,439 16,685 16,936 22,920 29,223
17,112 17,369 17,630 17,894 24,217 30,876
$ 3,025,667 $ 3,071,052 $ 3,117,118 $ 3,163,875 $ 3,211,333 $3,275,559 $ 3,357,448
1,079,725 1,095,921 1,112,360 1,129,045 1,145,981 1,168,900 1,198,123
1,140,823 1,157,935 1,175,304 1,192,934 1,210,828 — 1,235,045 1,265,921
$ 5,246,215 $ 5,324,908 $ 5,404,782 $ 5,485,854 $ 5,568,141 $5,679,504 $ 5,821,492
$ 78,693 $ 79,874 $ 81,072 $§$ 82,288 $ 111,363 $ 141,988
1.50% 1.50% 1.50% 1.50% 2.00% 2.50%
$ 695,933 $ 706,372 $ 716,968 $ 727,722 $ 738,638 $ 753,411 $ 772,246
44,800 44,800 44,800 44,800 44,800 44,800 44,800
6,930 6,930 6,930 6,930 6,930 6,930 6,930
6,442 6,539 6,637 6,736 9,237 9,422 9,658

74,238 75,352 76,482 77,629 - - -
- - - - 59,244 60,429 61,940

130,605 132,564 134,553 136,571 - - -
: : : : 136,000 136,000 136,000
$ 958,948 $ 972,556 $ 986,369 $ 1,000,388 $ 994,849 $1,010,992 $ 1,031,573
$ 217,923 $ 221,192 $ 224,510 $ 227,877 $ 231,296 $ 235,921 $ 241,819
12,800 12,800 12,800 12,800 12,800 12,800 12,800
2,420 2,420 2,420 2,420 2,420 2,420 2,420
$ 233,143 $ 236,412 $ 239,730 $ 243,097 $ 246,516 $ 251,141 $ 257,039
$ 251,509 255,282 $ 259,111 $ 262,998 $ 266,942 $ 272,281 $ 279,088
8,200 8,200 8,200 8,200 8,200 8,200 8,200
2,090 2,090 2,090 2,090 2,090 2,090 2,090
6,442 6,538 6,636 6,736 6,837 6,974 7,148
$ 268,241 $ 272,110 $ 276,037 $ 280,023 $ 284,069 $ 289,545 $ 296,526
$ 1,460,332 $ 1,481,078 $ 1,502,136 $ 1,523,509 $ 1,525,434 $1,551,678 $ 1,585,139
$ 20,746 $ 21,058 $ 21,373 §$ 1925 $ 26.244 $ 33,461
1.42% 1.42% 1.42% 0.13% 1.72% 2.16%
$ 6,706,547 $ 6,805,986 $ 6,906,918 $ 7,009,363 $ 7,093,576 $7,231,182 $ 7,406,631
$ 99.440 $ 100,931 $ 102,445 §$ 84,213 $ 137,607 $ 175,449
1.48% 1.48% 1.48% 1.20% 1.94% 2.43%
$ 276,849 $ 281,001 $ 285,216 $ 289,495 $ 293,837 $ 299,714 $ 307,207
43,872 44,530 45,198 45,876 46,564 47,496 48,683
$ 320,721 $ 325,532 $ 330,414 $ 335,371 $ 340,401 $ 347,209 $ 355,890
$ 98,795 $ 100,277 $ 101,781 $ 103,308 $ 104,857 $ 106,954 $ 109,628
15,656 15,891 16,129 16,371 16,617 16,949 17,373
$ 114,451 $ 116,168 $ 117,910 $ 119,679 $ 121,474 $ 123,903 $ 127,001
$ 104,385 $ 105,951 $ 107,540 $ 109,153 $ 110,791 $ 113,007 $ 115,832
16,542 16,790 17,042 17,298 17,557, 17,908 18,356
$ 120,927 $ 122,741 $ 124,582 $ 126,451 $ 128,348 $ 130,915 $ 134,188
$ 556,099 $ 564,440 $ 572,907 $ 581,500 $ 590,223 $ 602,027 $ 617,078
$ 8341 $ 8467 §$ 8594 $§$ 8723 $ 11,804 $ 15,051
1.50% 1.50% 1.50% 1.50% 2.00% 2.50%
$ 1,796,250 $ 1,903,750 $ 2,017,500 $ 2,253,510 $ 2,299,416 $2,061,243 $ 2,184,918
(359,250) (380,750) (403,500) (450,702) (459,883) _ (412,249) (436,984)
$ 1,437,000 $ 1,523,000 $ 1,614,000 $ 1,802,808 $ 1,839,533 $1,648,994 $ 1,747,934
98,000 98,500 99,000 99,295 98,004 100,944 103,972
4,900 4,950 5,000 5,069 5,038 5,139 5,267
$ 1,539,900 $ 1,626,450 $ 1,718,000 $ 1,907,172 $ 1,942,575 $1,755,077 $ 1,857,174
$ 86,550 $ 91,550 $ 189,172 $ 35,403 $ (187,498) $ 102,096
5.62% 5.63% 11.01% 1.86% -9.65% 5.82%
$ 8,802,546 $ 8,996,877 $ 9,197,824 $ 9,498,035 $ 9,626,373 $9,588,287 $ 9,880,883
$ 194,331 $ 200,948 $ 300.211 $ 128,338 $ (38,086) $ 292,596
2.21% 2.23% 3.26% 1.35% -0.40% 3.05%
$ 84,640 $ 86,508 $ 88,441 $ 91,327 $ 92,561 $ 92,195 $ 95,008
$ 1,869 $ 1,932 $ 2,887 $ 1,234 $ (366) $ 2,813
2.21% 2.23% 3.26% 1.35% -0.40% 3.05%

Finance Committee — 01/19/2022 Page 6

don’t really agree. That’s not really in the law anywhere. So | think the Legal Department kind of disagrees. They sort of
lean towards the previous position but as | review the law, it says you have to approve contracts but it doesn’t say you’re
limited — it doesn’t say why we would not approve them. So at least my reading of the situation is if the Finance
Committee refused to go forward, probably we couldn't proceed and the purchase contract whatever would not be
executed or the purchase not made. But you would create a legal issue.

Alderman Cathey

Right. So essentially if we were to vote no on items similar to this one, we’d have this money sitting around in the budget
and it would essentially be kicked back to either the Budget Review Committee or the Board of Aldermen as a whole and
then they would have to figure out what to do with either that money or how to procure a vehicle then is needed in the
budget?

Mayor Donchess

Yes so in this case, the only distinction | would draw is the CERF is a trust account so it sort of remain in this situation in
the CERF trust account but would remain unexpended until the Board of Aldermen decided what to do.

When | mentioned when | was on the Finance Committee, this is how the issue of the committee the appearance came
up. So what happened was there was the suggestion by Public Works that a 10 wheeler truck be purchased for the
primary purpose of plowing in the winter time. A couple members of the committee said well what about a 6 wheeler, isn’t
that a more versatile vehicle? The Mayor said well no it’s not. This is for the main roads — Amherst Street, etc., and the
10 wheeler works the best. The committee said well we’d like to hear that from the fleet manager. Well the fleet manager
is not coming in. Okay. We refused the purchase. Went to a couple of meetings and then the fleet manager did come
and the fleet manager said a 10 wheeler is actually better. The committee approved the purchase of the 10 wheeler. So
we took the position at that time that the Finance Committee had the right to turn down for any reason. But the
accommodation was to bring the guy in, he answered our questions, we approved it. So you would have created at least
a legal issue but there’s certainly an argument that you have a right to turn anything down.

Alderman Cathey

| appreciate you clarifying that. My main concern was when I’m thinking through these decisions | want to make sure that
| understand the second and third order effects of said decisions. Just because | like or don’t like something, | don’t want
to vote yes or no. I'd like to understand what happens with the processes so | appreciate you clarifying that.

Mayor Donchess

So for your own reference, the Finance Committee is defined by the City Charter. If you look to the City Charter, the role
of the Finance Committee is determined there. Then there are some ordinances which also set forth the role of the
Finance Committee. Read those. They're not very long. | forget where they are exactly. Read those.

Alderman Klee

It’s Section 5-90. That’s the authority of the Finance Committee and then 5-122 is the composition and duties thereof.

Mayor Donchess

So if you read those —| don’t see anything in there that limits the discretion of the committee.

Alderman Comeau

| don’t want to put words in your mouth so stop me if | get this wrong. My layman’s understanding of it was more or less
that if it’s in the budget, it’s that we’ve given this department or entity permission in a very general sense. So in this case
for this item, we might have said something like you have permission to buy a piece of equipment up to a sort amount of
money. With this specific piece that we’re talking about tonight is now they’ve done that thing that we gave them
permission to and we’re approving or not approving the very specific actual purchase of this specific piece of equipment
with an actual dollar amount.

Mayor Donchess

That’s one way of putting, yes.

AGREEMENT BETWEEN THE BOARD OF PUBLIC WORKS
OF THE CITY OF NASHUA, NEW HAMPSHIRE,
AND LOCAL 365 OF THE AMERICAN FEDERATION OF STATE,
COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO

EFFECTIVE JULY 1, 2644-2017 THROUGH JUNE 30, 20472023

SUBJECT TO APPROPRIATION BY THE ALDERMANIC FINANCE COMMIT TEE

Preamble
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AND APPROVAL BY THE MAYOR AND THE BOARD OF ALDERMEN

INDEX

eee ree RE TOA ERT TEETH ERENT THREE TOA RET PERE NTE E TAREE NTA EE TEE EERE TERT TEPER T OEE E EEE O EE ENA EERE RD EER THEE EES

1 & ABTECMENE passe pscicsesincosneonierersevireronsnnnnninesanvevennnmunnnevnineaseTsoNenenuNNreReNS
2 = ReCOBMIBION ee cececeseeceetesseteesseeeseesenseesaecateeeceetaesaecaeeseneeeseeeeereeneeae
3 = Non-Discrimination ..............c.ccccsessesecseseesenscssenssesestesssuscesesecesenestenseeseens
4 - Management Rights ssnciceccccmusnmnnceccmnmnsromrncam nnunsmmouncsses
§ - Dues Deduct tt ccccsssccsnaccmnnmnccmenmnncceensenaammecmanscrnnspanaccmwcnes
G& « Initial Probation scciseccsssacciscssvvwesoreesseavivceroovsevesvsscenvesa nevvesavvvenvervenveveresneve
7
8
9

0 - Seniority ccna eer

11 - Vacancies, Promotions and Transfers...........cs:ccssssscssesresssssesssessessesesssseses

12 - Work Policy and Regulations 0.0.00... ee eeceseestereseerecessnssessensasvesensessees
13 - Protection of City Property & Equipment «0.0.0.0... ceesceeeseereeereeneenensees
l4- Grievances Procedure scccucsenccenmemeemmnemmne OE
1S - Paid Holidays ssasnasnsaxcomannonaneccncorrnmcmemnmacanmnnenmenceas
16 - Paid Vacations ...........cccssssseessesssesecsescesseessncetsasseeseseaseseneeeaseeteesenseseaeteas
17 = Paid Sick Leave... cceccssssssencessrtersnssseeesneesnesssnssrsaessasssaaeseaseneasovaesens
18 - Bereavement Leave... eecesecesceesseeeseeesseerseeeseeereesereesseneeneeseneeeratends
19 ~ Mila Leave Pay ssc rensuescneers een cumuemamrarRNOL
20 - Jory Duty Pay sccsiennemmcnnnocmnceme momen
21 - Personal Leave ..........:cccccssccsssessessecsscsvsccsessssscsseaneeaseneseaneensevenseaseeesasease
22 - Longevity Bonus Pay ...........scseseesececresseereereerersessneersecsuesssnessasneeseenassats
23 - Union Activities 0.0.0.0... cccccsessesncsecseeseescencesaeceneeseeeressareteneraeescenenereasaass
24- Educational Benelits wemeccnnsnscmnmemnwarceunemmm
ZS - Clothing Allowances sccseccessscaseapuesneensimarsmmnnmnsececmnmenigeommnennemesaens
268 “Tradesmagiy Teo s cesarsasaceisumeseanenoumcenensanerennvenmasnnsncunumansecnruanusvauureneieaene
27 - Insurance Program .........cscseecssesesesesserencsnessessnesstensaseneeeeseeeseansenesasentenaes
BD = — SELEY -nrennencnarencernsnsennenneeneanannennnnsnnnenarsancente ares SECTION ORR
29 Doration and Eifettccccsnsnceummmeasu mn Rao anmaeremets

Appendix A - Pay Rates for July 1, 2944-2017 through June 30, 2047-2023
Appendix B - Rubbish Collection — Pickup-Go Home

Appendix C - Grievance Form

Appendix D - Dental Insurance Coverage

Appendix E- Snow Plan

OAU BR hW WWD hd bd

AGREEMENT BETWEEN THE BOARD OF PUBLIC WORKS OF THE CITY OF
NASHUA
AND LOCAL 365 AMERICAN FEDERATION OF STATE, COUNTY AND
MUNICIPAL EMPLOYEES, AFL-CIO

PREAMBLE

It is the intent and purpose of the parties hereto, that this agreement will promote and improve
industrial and economic relationships between the City and Union, and set forth herein the basic
agreement covering the rates of pay, hours of work and conditions of employment to be observed
between the parties hereto.

The City agrees to apply all terms and conditions of employment in a fair and consistent manner
to all bargaining unit employees.

ARTICLE 1 - AGREEMENT

Between the City of Nashua, New Hampshire, by its Mayor and the Board of Public Works duly
authorized, hereafter referred to as the “City” and Local #365, Nashua, New Hampshire, Public
Works Division employees hereafter referred to as the “Union”.

ARTICLE 2 - RECOGNITION

The City hereby recognizes the Union as the sole and exclusive representative of the regular full-
time employees of the above division, subject, however, to the exclusions listed in paragraph A
below.

A. In the Public Works Division, the Director, City Engineer, Deputy City Engineer,
Assistant City Engineer, the Secretary and Clerk of the Board of Public Works, the
Superintendents, Foremen, Timekeeper, Summer Help and any other employees classified in
supervisory or clerical jobs are excluded from this working agreement.

Summer help working in the division outside of the Solid Waste Department are those
persons temporarily employed for a definite period of time which falls between the first week of
April and the end of October. Summer help working in the Solid Waste Department are those
persons temporarily employed for a definite period of time which falls between the first week of
April and the first Friday in December. Management will determine the number of positions
needed for soft yard waste pickup in the Solid Waste Department. Those positions shall be
posted and filled under Article 11B for bargaining unit employees to volunteers as temporary
work assignments in the Solid Waste Department. Prior to implementing Article 11B (2) the
remaining soft yard waste pickup positions may be filled with summer help in the Solid Waste
Department through the first Friday in December. No summer help will remain employed
beyond the end of October and through the first Friday in December except to fill the remaining
unfilled temporary work assignments for soft yard waste pickup.

B. Whenever the City hires employees, as a condition of continued employment,
they shall become, sixty (60) calendar days after their employment, members of the Union,
except those employees excluded in paragraph A above.

C, The City agrees that it will not discriminate against, intimidate, or coerce any
employee in the exercise of his rights to bargain collectively through the Union on account of
membership in or activities on behalf of the Union. The City agrees that it will deal with the
Union for the purposes of bargaining with respect to wages, hours of duty and working
conditions of members of the Bargaining Unit.

Dz. Should there be a dispute between an employee and the Union over the matter of an
employee’s Union membership, the Union agrees to hold the City harmless in any such dispute.

ARTICLE 3_- NON-DISCRIMINATION

It is also agreed that factors such as sex, race, color, national origin, religion, lawful political or
employee’s organization affiliation, age, marital status or non-disqualifying disability are not
considerations in evaluating the qualifications of an employee or prospective employee.

ARTICLE 4 - MANAGEMENT RIGHTS

Except as otherwise expressly and specifically provided in this agreement, the Union recognizes
that the direction of the Division’s operations; the determination of the methods and means by
which such operations are to be conducted; the supervision, management and control of the
Division’s work force; the right to hire, promote, transfer, and layoff employees; the right,
lawfully and for just cause, to demote, discipline, suspend or discharge employees; the right to
determine the hours and schedules of work and the work tasks and standards of performance for
employees, and all other rights and responsibilities not specifically provided in this agreement,
shall remain the function of Management and the Board of Public Works, all in accordance RSA
Ch. 273-A. It shall be the right of the Union, however, to present and process grievances of its
members whose wages, working conditions or other rights expressly and specifically provided in
this Agreement are violated, by Management or the Board.

ARTICLE 5 - DUES DEDUCTION

A. The City agrees to deduct the official dues of said Union from the wages of each
employee who is a member of the Union, and pay the total amount of dues so collected to the
Treasurer of Local #365 of the Union the week the deductions are made.

B. In the event that the employee has no pay coming to him or her, or the check is
not large enough to satisfy the dues deduction, no deduction will be made for that pay period.

Cc. In no case will the City collect fines or assessments for the Union other than dues
as provided under A, above.