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Board Of Aldermen - Agenda - 1/12/2021 - P107

By dnadmin on Mon, 11/07/2022 - 06:58
Document Date
Fri, 01/08/2021 - 12:55
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 01/12/2021 - 00:00
Page Number
107
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__011220…

and ten dollars ($110.00) shall be provided once every twelve months, per employee. Boot
vouchers will also be issued on a direct exchange basis as needed.

B. The Park Department will also provide to employees who have completed their
probationary period, winter jackets for use during the winter maintenance of skating rinks.

C. Shirts, jackets, and caps are to have appropriate departmental emblem affixed.
Uniforms will be wom by employees during working hours.

Dz. Rain gear will be provided to employees when they are required to work in
inclement weather.

E. Work gloves will be provided, as determined by the Superintendent to be
required, and replaced on a direct exchange basis as needed.

ARTICLE 26 - TRADESMAN TOOLS

Mechanics, carpenters and other skilled tradesmen are required to provide their own tools
of the trade. It is agreed that the City will, in exchange for broken tools, provide for the
reasonable replacement of broken tools for such tradesman. The City shall maintain current
casualty/loss coverage for employee-owned tools.

ARTICLE 27 - INSURANCE PROGRAM
A.l. Health Insurance

Subject to the provisions of this Article, the City, upon the request of an eligible member,
shall provide to an employee the amount of the premium specified below for individual, two-
person or family plan, of one of the following:

(a) Point of Service Plan (POS)
(b) Health Maintenance Organization (HMO)
(c) High Deductible Health Plan with Health Savings Account (HDHP w/ HSA)

The option of the health care plan is at the sole discretion of the City. It is agreed by all
parties 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 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 and shall be
submitted directly for arbitration no later than thirty (30) 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.

20

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Board Of Aldermen - Agenda - 1/12/2021 - P107

Board Of Aldermen - Agenda - 1/12/2021 - P108

By dnadmin on Mon, 11/07/2022 - 06:58
Document Date
Fri, 01/08/2021 - 12:55
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 01/12/2021 - 00:00
Page Number
108
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__011220…

Comparable Plan Definition: For the purposes of this Article, 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.

The POS and HMO Plans shall have the following co-pays and deductibles:

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

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

(c) Two Hundred Fifty Dollars ($250.00) Per Person, Five Hundred Dollars
($500.00) Per 2 Person/Family Inpatient/Outpatient Facility Deductible; and

(d) | Three Tier Pharmacy Benefit of $5/$15/$35 ($5/$30/$70 Mail Order).

Effective July 1, 2021 -

POS Co-pays and Deductibles:

The POS Plan sha!l have the following co-pays and deductibles:

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

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

(c) Two Hundred Fifty Dollars ($250.00) Per Person, Five Hundred Dollars
($500.00) Per 2 Person/Family Inpatient/Outpatient Facility Deductible; and

(d) Three Tier Pharmacy Benefit of $5/$15/$35 ($5/$30/$70 Mail Order),

HMO Co-pays and Deductibles:
The HMO shall have the following co-pays and deductibles:

(a) Twenty-five Dollars ($25.00) per medical visit;

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

(c) One Thousand Five Hundred Dollars ($1,500.00) Per Person, Three Thousand
Dollars ($3,000.00) Per 2 Person/Family Inpatient/Outpatient Facility Deductible;
and

(d) | Three Tier Pharmacy Benefit of $10/$30/$50 ($20/$60/$100 Mail Order).

High Deductible Health Plan with Health Savings Account (HDHP w/ HSA):

The deductibles in the High Deductible Health Plan with Health Savings Account (HDHP
w/ HSA) are $2,000 individual / $4,000 2-person or family. The City’s contribution to Health
Savings Accounts is $1,500 individual / $3,000 2-person or family. The City HSA contribution
will be distributed in 2 installments, one on or about July 1 and on one or about October 1,
provided however that 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% before October 1. Employees who join the HDHP w/ H.S.A. at
any time other than July 1 will receive a pro-rated City contribution of $125 monthly for a single
plan and $250 monthly for 2-person or family plan for each full month remaining in that fiscal
year.

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Board Of Aldermen - Agenda - 1/12/2021 - P108

Board Of Aldermen - Agenda - 1/12/2021 - P109

By dnadmin on Mon, 11/07/2022 - 06:58
Document Date
Fri, 01/08/2021 - 12:55
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 01/12/2021 - 00:00
Page Number
109
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__011220…

A.2. City Contributions and Enrollment

The City shall contribute 70% of the POS premium of option (a) and 80% of the HMO
and HDHP w/HSA.

Coverage for new employees is available on the 1“ of the month following date of hire if
hired on or before the 15" of the month; and on the 1° 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.” Employees may also transfer to another plan during the annual
open enrollment period.

Spouse Rule: In the event that an 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 the spouse, but not both.

A.3. Joint Labor / Management Committee - For the duration of this Agreement,
either party to the Agreement may request that a Joint Labor/Management Commnittee be
convened to consider the performance of the aforementioned plans, any changes thereto.

A.4. Annual Audit - The City of Nashua hereby agrees to conduct a yearly loss ratio
analysis of all Health Insurance plans offered to employees and return all employee
overpayments in the form of a Health Insurance Premium Holiday at the completion of the
analysis.

B. The City agrees to pay fifty percent (50%) of the cost of a Double Indemnity Life
Insurance Program for employees only, in an amount equal to the employee’s annual straight
time wages, rounded to the nearest thousand dollars. Employees may purchase at their expense
such additional group life insurance as may be permitted by the City’s group life insurance
carrier,

c. The City agrees to provide dental coverage, such coverage to be as specified by
the attached schedule of benefits (Appendix D), through a carrier selected by the City.
Beginning on the first of the month of the month following the signing of this agreement, the
City agrees to contribute toward such insurance an amount equal to one hundred percent (100%)
of the cost of one person, two person or family plan as appropriate.

D. It is agreed by all parties concerned that the City reserves and shall have the right
to change insurance carriers or become self-insured, provided the benefits to participants are
equivalent and the costs to participants are not increased above the amounts shown above.

E. Long Term Disability (LTD). Full time employees covered by this agreement
who have been employed with the City for three (3) years on an uninterrupted basis except by
reason of layoff, on the job injury or approve leave of absence, shall be covered for long term
disability under a policy of insurance, the premium for which is to be fully paid by the City,
subject to such eligibility requirements and other terms and conditions as the carrier may
establish. The City reserves the right to change long term disability insurers to another
commercially available program having overall comparability of coverage to that currently in

22

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Board Of Aldermen - Agenda - 1/12/2021 - P109

Finance Committee - Minutes - 1/19/2022 - P12

By dnadmin on Sun, 11/06/2022 - 21:40
Document Date
Wed, 01/19/2022 - 00:00
Meeting Description
Finance Committee
Document Type
Minutes
Meeting Date
Wed, 01/19/2022 - 00:00
Page Number
12
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_m__011920…

Finance Committee — 01/19/2022 Page 12

So my question is if we approve this tonight, what assurances do we have that come May or June this isn’t going to come
before us again with another request to increase if there are more unforeseen circumstances?

Mayor Donchess

I’m not sure we can give you that assurance. If unforeseen circumstances arise again, it could come back. Now we’re
hoping, optimistic that that’s not going to happen. One thing is that we’re further along with the project — much further
along than we were before. So the chances of finding something unexpected are probably lower. Would you agree with
that Ms. Correa?

Camille Correa, Transit Administrator

| don’t know what’s underneath the north side roadway. Because when you’re looking at the design that the city has of
what is underneath the roadway, not everything is called out. So in order to fix that, we have to dig it up. Once we dig it
up, we’re not sure what’s there. However, the outcome is positive which is now there’s a diagram that says what exactly
is under there and where it’s located for people in the future to be able to have it. So that is definitely a positive for the
outcome of the project.

Alderman Comeau

Thank you.

Alderman Cathey

Thank you Mr. Mayor. In finding out these issues with the construction were any of the parties in breach of contract with
the delays and if so if it was the construction company, would we be entitled to any sort of recourse for that?

Camille Correa, Transit Administrator

The contract does have liquidated damages called out in it of $100 a day. The city has the option to negotiate in regards
to what the next steps would be. If we felt as though the city council needed to be brought in to take a look at the contract
deeper to make sure that what are our options. That’s definitely if the project is not moving forward. If the contractor had
any questions about the city and whether or not delays were due to unforeseen reasons for them, we want to make sure
that we have that conversation so that we can move the project forward or have those discussion to see what the options
are. So repercussion wise, we would rather try to work together to move the project forward and there are time when
liquidated damages are imposed upon a contract. In this case, they have not been to date.

Alderman Cathey

Follow up Mr. Mayor.

Mayor Donchess

Yes.

Alderman Cathey

Thank you. In your opinion, do you feel like there was a breach of the contract or do you feel like the city should or would
move towards liquidated damages and would that happen now or after this new agreement as you're overseeing the
project or you’re closer to it. What is your general sense of what happened? Like Alderman Comeau, it does seem like
there is at least a probability that it could happen again and then we're back at the same spot. | would like to prevent that
as much as possible.

Camille Correa, Transit Administrator

We have weekly meetings with the contractor and with the engineering firm. Also we have people within the city that
attend the meetings so that we can make sure that we look at it from different perspectives. The transit center was
erected in 1999. Not very many things have been done to it since then. One example is the wiring. Over the years,

many things have been done to the wiring and when you look at the box where the wiring is located, there’s a lot of wiring
in there. Not all of it is labeled. So that would be an opportunity for us to make sure that we get the wiring right and when
we move forward with reopening the transit center on the one side, that that particular part is done, is ready for the future.

Page Image
Finance Committee - Minutes - 1/19/2022 - P12

Board Of Aldermen - Agenda - 1/12/2021 - P110

By dnadmin on Mon, 11/07/2022 - 06:58
Document Date
Fri, 01/08/2021 - 12:55
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 01/12/2021 - 00:00
Page Number
110
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__011220…

effect on the date of execution hereof, or self insure said coverage. Employees are encouraged to
maintain adequate sick and vacation balances to cover the elimination period for the long term
disability benefit in the event a claim is made.

F, For the duration of this Agreement, the parties agree to participate in a joint
Labor/Management Committee to consider the performance of the health insurance plans, any
changes thereto, and to develop proposals to modify the health insurance programs offered by
the City in order to control the costs of those programs for the benefit of the City and its
employees.

ARTICLE 28 - SAFETY

A. It is understood that under Article 4 (Management Rights), the Director of Public
Works, or his designee, has the right to make rules and regulations regarding the health and
safety of employees.

B. There shall be a divisional Safety Committee that shall meet at least once every
ninety (90) day period to address safety related issues. The Committee shall be comprised of
equal representation as follows:

l. Up to six (6) members named by the Director of Public Works, one of
whom may be the Risk Manager.
2. An equal number of members of the bargaining unit, one from each

department, named by the Union President.

Cc, Each department shall have a Safety Committee that shall meet at least once every
ninety (90) day period to address safety related issues. The Committee shall be comprised of
equal representation as follows:

1. Up to three (3) members named by the Director of Public Works, one of whom
may be the Risk Manager.

2. An equal number of members of the bargaining unit named by the Union
President.

ARTICLE 29 - DURATION AND EFFECT

A. This Agreement shall be effective on the date signed on behalf of the Union and
the City and shall continue through June 30, 2023, unless a new agreement has been negotiated.
It will have retroactive effect only as to wages and compensation only to the extent provided in
Article 7 and Appendix E, Snow Coverage which will first be effective for the 2020-2021 snow
season.

B. This Agreement amends and supersedes and entirely replaces all previous
agreements and understandings between the parties and constitutes the entire agreement and
understanding between the parties on all matters which are properly the subject of collective
bargaining between them for the period during which it is effective.

C. If any provisions of this agreement is or shall at any time be determined contrary
to law by a Court of Competent jurisdiction, then such provision shall not be applicable or

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Board Of Aldermen - Agenda - 1/12/2021 - P110

Board Of Aldermen - Agenda - 1/12/2021 - P111

By dnadmin on Mon, 11/07/2022 - 06:58
Document Date
Fri, 01/08/2021 - 12:55
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 01/12/2021 - 00:00
Page Number
111
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__011220…

performed or enforced except to the extent permitted by law. In the event that any provision of
this agreement is or shall at any time be determined to be contrary to law by a Court of
competent jurisdiction all other provisions of this agreement shall continue in effect and the
parties agree to negotiate on the stricken provision immediately thereafter.

WITNESS THEREOF, the parties hereto have hereunto set their hands as of 2021.
Signed, sealed and delivered in the presence of:
Nashua, New Hampshire City Employees City of Nashua, New Hampshire

Local #365, American Federation of
State, County & Municipal Employees

President, Local 365 Mayor
Staff Representative AFSCME Council 93 Witness
Witnesses for the Union: Board of Public Works

24

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Board Of Aldermen - Agenda - 1/12/2021 - P111

Board Of Aldermen - Agenda - 1/12/2021 - P112

By dnadmin on Mon, 11/07/2022 - 06:58
Document Date
Fri, 01/08/2021 - 12:55
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 01/12/2021 - 00:00
Page Number
112
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__011220…

APPENDIX A
CLASSIFICATION WAGE SCHEDULE

POSITION G July 1, 2017 | July 1, 2018 | July 1, 2019 | July 1, 2020 | July 1, 2021 | fuly 1, 2022
Electrical Diagnostic Tech 1 WWTP 5 28.42 28.85 29.28 29.72 30.31 31.07
Operator Ill WWTP 5 28,65 29.08 29,52 29.96 30.56 31.32
Traffic Tech | 5 28,31 28.74 29,17 29.60 30.20 30.95
Auto Mechanic 1st Class 5 27.32 20.73 28,14 28.56 29.13 29.86
Mechanic WWTP 1st Class 5 27.37 27.78 28,20 28.62 29.19 29.92
Collection System Technician 5 26.68 27.08 27.49 27.90 28.46 29.17
Operator II WWTP 5 27.26 27.67 28.09 28.51 29.08 29.80
Welder 1st Class 5 27.02 27.43 27.84 28.25 28,82 29,54
Equipment Operator Landfill 4 24.96 25.34 25.72 26.11 26.63 27,29
Equipment Operator Street Repair 4 24.86 25.23 25.64 25.99 26.51 27.17
Equipment Operator Parks 4 24.86 25.23 25.61 25.99 26.51 27.17
Groundskeeper/Maintenance 4 25.80 26.18 26.58 26.97 27.51 28.20
Lead Groundsman 4 25.14 25.52 25.90 26.29 26.81 27.48
Collection System Gperator 4 24.86 25.23 25,61 25.99 26.51 27.17
Stellos Stadium Attendant 4 24.86 25.23 25.61 25.99 26.51 27.17
Automated Trash Collection Operator 4 24.86 25.23 25,61 25.99 26.51 27.17
Auto Mechanic 2nd Class 4 24.86 25.23 25.61 25.99 26.51 27.17
Collection Equipment Operator/Landifill 4 24.63 25.00 25,37 25.75 26.27 26.92
Backhoe Operator 4 23.79 24.15 24.51 24.88 25.38 26.01
Mason/Pipelayer 4 23.77 24.13 24,49 24.86 25.36 25.99
Nursery Worker Parks 4 23.66 24.02 24.38 24.74 25.24 25.87
Operator | Certified WWTP 4 23.85 24.21 24,57 24.94 25.44 26.07
Sign Maintenance 4 23.66 24,02 24,38 24.74 25.24 25.87
Collection Equipment Operator 3 23.51 23.86 24,22 24.58 25.08 25.70
Traffic Maintenance Assistant 3 23:53 23.89 24,24 24.61 25.10 25.73
Truck Driver 3 22.74 23.09 23,43 23.78 24.26 24.87
Wastewater Assistant 3 22.74 23.09 23.43 23.78 24.26 24.87
Groundsman Il 3 22.38 22,72 23,06 23.41 23.87 24.47
Sign Maintenance Assistant 2 22.07 22.40 22.73 23.07 23.54 24.12
Rubbish Collector 2 21.76 22,09 22,42 22.75 23.21 23.79
Groundsman | 1 21.31 21,63 21,96 22.29 22.73 23.30
Laborer 1 21.31 21.63 21.96 22.29 22.73 23.30

Special Rule for employees without required certifications or licenses on May 1, 2009:

1) Those without a CDL-B or NHDES Solid Waste Certification will have their hourly rate

reduced by $0.05 on July 1, 2009 and $0.10 on July 1, 2010; 2) Those without a Grade I]
Wastewater Operators Certificate will have their hourly rate reduced by $0.13 on July 1,
2009 and $0.25 on July 1, 2010; and 3) Employees shall receive the increase effective

when they obtain the respective license or certification.

Page Image
Board Of Aldermen - Agenda - 1/12/2021 - P112

Board Of Aldermen - Agenda - 1/12/2021 - P113

By dnadmin on Mon, 11/07/2022 - 06:58
Document Date
Fri, 01/08/2021 - 12:55
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 01/12/2021 - 00:00
Page Number
113
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__011220…

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

APPENDIX B
RUBBISH COLLECTION - PICKUP-GO HOME

The basic policy of this memorandum is to gain efficient and effective rubbish collection
throughout the City. At the same time, the policy is intended to provide a benefit to the assigned
rubbish collection personnel for the effort expended in meeting the objective. It is further
recognized, that except under unusual work conditions, the rubbish pickup for any given day will
be completed on the day scheduled, maintaining the highest of work standards.

1. Rubbish collection in Nashua will be on a route system as presently scheduled by
the Route Foreman. Management reserves the right to alter and/or add pickups to the route
system as needed. The Superintendent also has the right to increase or decrease the number of
vehicles assigned, and to adjust the actual route structures according to seasonable demands.

2. A route shall be a certain number of pickups in a given area, not necessarily equal
on all routes as to pickups or mileage.

3. There will be changes in routes periodically, as necessary to expand the route
system.

4. When an employee has completed all routes, the employee may leave for the day
regardless of finishing time, when the following conditions are met:

a. Reasonable route cleanliness has been achieved, as determined by Route
Foreman.
b. Vehicle maintenance has been completed - as determined by Route
Foreman.
Cc. Proper clearance has been given by the Supervisor(s).
5. Should the employee be reassigned after completing the route that work will be

paid at the regular pay rate until the regular workday is complete. This practice will not be
considered normal procedure, and would be implemented only with the direct authorization of
the Superintendent.

Page Image
Board Of Aldermen - Agenda - 1/12/2021 - P113

Board Of Aldermen - Agenda - 1/12/2021 - P114

By dnadmin on Mon, 11/07/2022 - 06:58
Document Date
Fri, 01/08/2021 - 12:55
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 01/12/2021 - 00:00
Page Number
114
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__011220…

APPENDIX C

AFSCME Council 93 Grievance Form

Page Image
Board Of Aldermen - Agenda - 1/12/2021 - P114

Board Of Aldermen - Agenda - 1/12/2021 - P115

By dnadmin on Mon, 11/07/2022 - 06:58
Document Date
Fri, 01/08/2021 - 12:55
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 01/12/2021 - 00:00
Page Number
115
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__011220…

AFSCME Council 93

OFFICIAL GRIEVANCE FORM
Employer Date Submitted: Step 1
Local No. Dept. :
Local Grievance No. Class Action rn re
Grievant 4.
Title Sy
Address Work Phone
Home Phone
Immediate Supervisor Title
I Authorize AFSCME Local As My Representative To Act For Me In The Processing Of This Grievance.
Date _ Signature of Employee —
Signature of Union Rep. Title
AT EACH STEP, MAKE 3 COPIES OF THE GRIEVANCE
1 TO THE UNION. | TO MANAGEMENT. 1 WORKING COPY
STATEMENT OF GRIEVANCE

ARTICLES AND SECTIONS of the contract which have been violated:

and any related articles, agreements, practices, rules, regulations, and law.

GRIEVANCE: _ State the facts (include date/s who, when, where, what, why.)

Witnesses:

REMEDY:

Page Image
Board Of Aldermen - Agenda - 1/12/2021 - P115

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