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C. 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: UNFAIR LABOR PRACTICES & STRIKES PROHIBITED

A. Unfair Labor Practices: It is agreed that the exclusive representative of the bargaining unit will
not:

1. Restrain, coerce, or otherwise interfere with employees in the exercise of their rights under
Chapter 273-A;

2. Restrain, coerce, or otherwise interfere with the Commission in its selection of agents to
represent it in collective bargaining negotiations or the settlement of grievances;

3. Cause or attempt to cause the Commission or the Department to discriminate against an
employee in violation of RSA 273-A:5, | (c), or to discriminate against any employee whase
membership in the bargaining unit has been denied or terminated for reasons other than failure
to pay membership dues;

4. Refuse to negotiate in good faith with the Commission;

5. ngage in a strike or other form of job action;

6. Breach a collective bargaining agreement;
7, Fail to comply with Chapter 273-A or any rule adopted under that Chapter.

8. The Union shall not instigate, sponsor, or encourage any activity or action in contravention of
the provisions or intent of this Article.

B. Strikes Prohibited:

1. Strikes and other forms of job action by employees are hereby declared to be unlawful. 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.

2. The Commission or the Department shall be entitled to petition the superior court for a
temporary restraining order, pending a final order of the PELRB under RSA 273-A:°6 for a strike
or other form of job action in violation of the provisions of Chapter 273 and may be awarded
costs and reasonable legal fees at the discretion of the court.

ARTICLE 10: COLLECTIVE BARGAINING MEETINGS AND CONTRACTS

The Department shall give representatives of the bargaining unit a reasonable opportunity to meet with the
employer or the employer's representatives during working hours without loss of compensation or benefits
[RSA 273-A:11, Il]. However, so as not to interfere with an employee's job responsibilities that are crucial
to critical Department operations, the following restrictions will apply unless otherwise instructed by the
Chief of Police or the Deputy Chief of Operations. Previously scheduled negotiations sessions may need
to be rescheduled due to a specific situation.

A.

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, as defined under Article 3, entitled, “Definitions,” shall attend negotiating
meetings who is normally scheduled for duty during the time the meeting is being held.

If there is only (1) employee who works in a bureau/division or the position is vital to Department
operations due to emergency or critical situations, that employee shall not attend the negotiation
meeting until the condition no longer exists.

Distribution of Agreement to Employees:

A.

Upon final execution of this Agreement, to include the proofreading of the final original documents,
three (3 originals will be provided as follows: 1 for the Commission; 1 for the Union; and 1 for the
Nashua City Clerk). The Commission, or its designee, shall distribute updated agreements via e-
mail and post updated agreements on the NPD Public Drive within 30 days.

The City’s Legal Department (Office of the Corporation Counsel) shall be responsible for complying
with the legal obligation under RSA 273-A:16, whereby a copy of the Agreement reached as a
result of collective bargaining shall be filed with the PELRB within 14 days after execution of said
Agreement.

ARTICLE 11: UNION REPRESENTATION/INVESTIGATION OF ISSUES

UNION REPRESENTATION:

Management agrees to recognize one (4) union representatives, and the union agrees to provide
management with an updated list of names of the individuals who shall fill these positions.

INVESTIGATIONS BY UNION REPRESENTATIVES:

An off duty Union Representative shall investigate all situations/issues brought to his/her attention.

A.

B.

Union representatives normally conduct investigations and all other phases of grievance handling
during off-duty hours.

lf 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.

NON-SETTLEMENT OF AN ISSUE:

If a settlement cannot be reached, the Union Representative 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.

PAYMENT FOR REGULAR WORK WEEK:

Itis understood that time spent by Union Representatives, 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

DEFINITION:

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

DISCUSSIONS OF MINOR ISSUES:

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.

BASIC PROCEDURES TO FOLLOW FOR GRIEVANCES:

A. Inthe event that differences arise with respect to any provision of this Agreement, an earnest effort
shall be made to settle such differences promptly in the following order and manner.

B. 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.

C. 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.

D. If the grievance is not answered within the time limits listed, the grievant and the Union may proceed
to the next STEP.

E. Agrievance may be filed on behalf of one or more employees.
SECTION A

GRIEVANCE PROCEDURE
STEP 1.

A. The employee or employees having the grievance and the Union will present the grievance in
writing to his/her or their immediate supervisor within ten (10) calendar days of its occurrence or
when the employee(s) should have reasonably known.

B. The supervisor will reply in writing to the grievant(s) and the union within ten (10) calendar days
after the grievance is presented.

C. If the grievance is with the employee’s/employees’ immediate supervisor, he/she may go to STEP

2.
STEP 2.

A. Failing a settlement at STEP 1 or expiration of the response time limit, the grievant(s) and the Union
may present the grievance in writing to the Divisional Supervisor, Bureau Commander, or
appropriate Deputy Chief within ten (10) calendar days after the reply in STEP 1.

B. If the grievance is with the employee's/employees’ Divisional Supervisor, Bureau Commander, or
Deputy Chief, he/she or they may go to STEP 3.

C. The Divisional Supervisor, Bureau Commander, or Deputy Chief will reply in writing to the
grievant(s) and the Union within ten (10) calendar days after the grievance is presented in writing.

STEP 3.

A. Failing to achieve a settlement at STEP 2 or expiration of the response time limit, the grievant(s)
and the Union may present the grievance in writing to the Chief within ten (10) calendar days after
the reply in STEP 2.

B. If the grievance is with the Chief of Police, the grievance will still start at STEP 3.

C. The grievant(s) and the Union will specify the following:

¢ The nature and facts pertaining to the grievance;

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

e The basis for dissatisfaction with STEPS 1 and 2;

e The remedy that is desired;

¢ ©The signature of the grievant(s).

D. The Chief will reply to the grievant(s) and the Union 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/her return or until he/she has otherwise communicated a
response through a designee. Due to emergency circumstances which leaves the Chief
incapacitated or unable to communicate a response, the Deputy Chief of Operations, or an Acting
Chief as assigned by the Police Commission will reply to the grievant(s) and the Union. It may
also be agreed to go to the next Step.

STEP 4.

A. Failing to achieve a settlement at STEP 3, the grievant(s) and the Union may present the grievance
in writing to the Board of Police Commissioners within ten (10) calendar days after the reply in
STEP 3, which is the final step of the grievance procedure.

B. The grievant(s) and the Union will provide the same information as in STEP 3.

C. The Board of Police Commissioners will officially receive all grievances at its regular monthly

scheduled meeting or a special meeting wilt be scheduled as determined by the Board’s Chairman.

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D. The Board of Police Commissioners will reply in writing to the grievant(s) and the Union within
fifteen (15) working days after the grievance is presented during the scheduled Commission's
regular monthly or special meeting.

STEP 5.

Failing to achieve a settlement at STEP 4 or expiration of the response time limit, if the Union feels that the
grievance has merit and that submitting it to arbitration is in the best interest of the Department and the
grievant(s), the Union shall inform the Police Commission in writing of its decision to arbitrate within 30
calendar days after receiving the Commission's reply in STEP 4. The Union may submit the grievance to
the Public Employee Labor Relations Board within thirty (30) working days after informing the Commission
of its decision to arbitrate.

A. Sharing of Expenses: The Commission and the Union will share expenses incurred under STEP
5 equally.

B. Filing of Grievances by the Commission or its Designate:

1. The Commission, or its designate, will have the right to file grievances against the Union and/or
a member(s) thereof.

2. The grievance will be presented in writing to the Union and the employee(s), if applicable, within
ten (10) calendar days of its occurrence, or when knowledge was obtained that a grievance
existed.

3. The Union will reply within thirty (30) working days after the grievance is presented.

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

C. No Monetary Damages: No party action under STEP 5 will have any power to award any monetary
damages (other than back wages or lost benefits as outlined under this collective bargaining
agreement), make any changes in, modification or alteration of, addition to, or subtraction from,
any of the terms of this Agreement.

SECTION B
FILING OF GRIEVANCES/REPRESENTATION OF GRIEVANT

The Union may file grievances on its own behalf, on behalf of its members, and if requested, on behalf of
non-paying members. Any grievant may be represented at all stages of the Grievance Procedure by
grievant(s) and by a representative selected and approved by the Union, if the grievant(s) desires. At all
stages of the Grievance Procedure the grievant(s) has the right to hire a representative of their choosing,
other than the Union’s representative; however, the grievant(s) will be responsible for all costs and shall be
bound by all agreements, policies, and procedures as outlined under this Article.

Exhibit C

McFarland-Johnson Team Fee Detail

SECTION C
PROCESSING OF GRIEVANCES

Each grievance will be processed separately under the Grievance Procedure.

SECTION D
EXTENSIONS OF TIME LIMITS

EXTENSIONS OF TIME LIMITS:

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.

Automatic Advancements of Grievances: Unless otherwise designated under this Article, in all
other circumstances, Management's failure to respond within the established time limits shall
automatically advance the grievance to the next step.

Failure to Respond by Union within Time Limits: The Union's or grievant’s/grievants’ failure to
respond within established time limits, the grievance shall be considered setiled on the basis of
management's last answer.

Handling of Grievances During Off- and On-Dutv Hours: 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.

No Payment of Overtime: During any step involved in the grievance procedure, the grievant(s),
union representatives, or witnesses for the grievant(s), shall not be paid overtime if not done during
on-duty hours.

Right to Withdraw: The Union or the grievant(s) has/have the right to withdraw the grievance at
any time during the proceedings.

ARTICLE 13: VACATIONS

ACCRUALS:

A.

B.

Accrual Date: Vacation time is accrued for any month in which the individual has been employed
on the 15' of the month. The accrual rate is based upon continuous Department employment on
the fifteenth of every month.

Calculating Accruals: The full-time or part-time anniversary date of continuous City employment
shall be used to calculate an employee's length of service with respect to paid vacation eligibility.
Length of service shall be measured from the employee’s most recent date of hire with the City.

Full-Time Employees: Full-Time employees as defined in Article 3Q shall accrue vacation in
accordance with the following schedule.

D.

1. 0-4 years of continuous service: 13 days per year for a total of 104 hours

2. 5-9 years of continuous service: 17 days per year for a total of 136 hours
3. 10-14 years of continuous service: 24 days per year for a total of 192 hours
4. 15-19 years of continuous service: 25 days per year for a total of 200 hours
5. 20-29 years of continued service: 29 days per year for a total of 232 hours
6. 30 years or more of continued service: 30 days per year for a total of 240 hours

Part-Time Employees: Part-time employees shall receive prorated vacation days and shall reach

maximum accrual caps based on full-time accruals.

PROVISIONS:

A.

Completion Of Probationary Period: 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," employees covered by this Agreement are eligible to take vacation leave.

Part-Time Employees: For the purposes of this article, vacation leave deductions during one
workday shall be the employee’s normal workday.

Paid Absences Considered Time Worked: Paid sick leave and absences for jury or military
reserve duty are considered time worked for vacation accrual purposes.

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

Payment of Accrued Vacation Leave to Non-Probationary Employees upon Resignation,
Termination, or Layoff: Any employee who resigns, is terminated, or is laid off is entitled to
receive accrued vacation pay prorated to the date when active employment ceases. Up to a
maximum of 2 times the annual amount of vacation accrual will be paid to the employee.

Payment of Accrued Vacation Leave upon Retirement: Any employee who retires, as defined
under the NH Retirement System, is entitled to receive accrued vacation pay prorated to the date

when active employment ceases. Up to a maximum of 2 times the annual amount of vacation
accrual will be paid to the employee.

Payment of Accrued Vacation Leave to Beneficiary or Estate: 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 the employee
designates no beneficiaries, the accrued vacation leave will be paid to the employee's estate.

Vacation Credit for Previous Experience at the Time of Hire: (sidebar approved 9/17/18
For the purpose of calculating yearly vacation time, at the time of hire, the Chief of Police or
his/her designee is authorized to credit the employee for previous experience up to a maximum
of nine (8) years. In consideration for this change in the contract, the following adjustment will
be made on this one-time basis: Existing employees on September 17, 2018, with fewer than
(8) years’ experience, shall for vacation time calculation only, be deemed to have (8) years’
experience.

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TRANSEERS FROM ANOTHER CITY BARGAINING UNIT OR OTHER CITY DEPARTMENT:

A.

B.

Full-Time Employees: If a full-time employee transfers from another City bargaining unit or other
City Department, he/she 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:

1. Part-Time to Part-Time: If a part-time employee transfers from another City bargaining unit
or other City Department and remains a part-time employee, he/she shall be paid for all accrued
vacation leave by the appropriate City Department and shall not transfer any vacation accruals.
The part-time anniversary date of continuous City employment shall be used to calculate a
part-time employee's length of service for accrual purposes.

2. Part-Time to Full-Time: If a part-time employee transfers from another City bargaining unit or
other City Department and becomes a full-time employee, he/she shall be paid for all accrued
vacation leave by the appropriate City Department and shalt 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.

LOSS OF ACCRUED VACATION TIME:

A.

B.

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

Unpaid Leave of Absence: During an unpaid leave of absence, an employee does not earn any
vacation time.

Maximum Accrual: 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.

Block Weeks: In written form, from up to one year and at least three (3) weeks prior to the date of
use (unless waived by the Chief of Police or designee), requests for the use of vacation shall be in
5-day blocks of an employee’s normal schedule. Less senior employees, as outlined under
Paragraph “D” below, shall check with senior personnel (if available) at least one week before
submitting vacation requests to their appropriate supervisor for approval. The senior personnel
have one week to notify the less senior employee that a conflict exists. The less senior employees
shall document this process on the request from, including not receiving a response back from the
senior employees within the one-week time frame if applicable.

Individual, Half-Day or Hourly Leave: Employees are allowed to use vacation in one- or half-day
or one hour increments of vacation leave at a time only upon approval of their Bureau Commander
or designee. In written form, employees are to request individual vacation days at least 3 days
prior to their use; however, supervisors may waive this time restriction.

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F.

G.

H.

Responsibilities of Supervisors: Potential workloads, manpower requirements, or any possibility
of an emergency situation are considerations of a supervisor before approving usage, as well as
the circumstances explained in Paragraphs “D” and “E” below.

1. Block Weeks: 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.

2. Individual Vacation Days: 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.

Hierarchy to Resolve Conflicts: If a conflict arises in the use of vacation time among personnel
in the Bureau/Division, the Bureau Commander or designee will use the following hierarchy in order
to resolve it:

Supervisors (Sworn & Civilian — As it relates under Paragraph “E" below.)
Assistant Supervisors

Senior Full-Time Employees

Junior Full-Time Employees

Part-Time Employees

Number Allowed on Vacation at One Time/Availability of Police Officers: The number of
employees and police officers allowed on vacation within a Bureau or Division at one time shall be
determined by the Chief or designee based on the positions held. The approval of employees on
vacation within a Bureau or Division is normally not affected by the availability of police officers,
except when certain conditions exist. The below are examples, but the conditions are not limited
to the specific examples below.

1. Performing the Same Job: In the cases where employees perform the same duties as police
officers, and there is a minimum staffing requirement necessary to perform the essential duties
that could not otherwise be performed by others outside of the Bureau/Division, the employee’s
vacation may or may not be approved if certain manpower conditions exist. An example is the
Police Attorneys (employees) and Police Prosecutors (police officers) who perform the same
prosecution duties in court. In this situation, minimum staffing requirements allow only two
prosecutors to be on a block week vacation at any one time in any combination, and up to three
which allows the approval of an individual vacation day under special circumstances as
authorized by the applicable authority.

Partial Vacation Leave — Family Medical Leave: Employees may use partial vacation days in
any increment for payment of time used for valid FMLA incidents.

Approval of Vacation Leave Beyond Two Consecutive Work Weeks: 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.

Final Approval:

1. Verification by Financial Services Division: 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.

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

a. Completion of Probationary Period: Employees must complete six (6) months of
continuous service before taking any accrued vacation time unless otherwise designated
in this Article.

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