ARTICLE 38: WAIVER
RIGHTS DURING NEGOTIATIONS:
The parties acknowledge that during the negotiations which resulted in this Agreement, each had the
unlimited right and opportunity to make demands and proposals with respect to any subject or matter not
removed by law from the area of collective bargaining and that the understandings and agreements arrived
at by the parties after the exercise of that right and opportunity are set forth in this Agreement.
NO OBLIGATION TO REOPEN CONTRACT NEGOTIATIONS FOR ANY SUBJECT OR MATTER:
A. Matters Referred to or Contained Within Agreement: Therefore, the parties for the life of this
Agreement voluntarily and unqualitiedly waive the right, and each agrees that the other shall not
be obligated to reopen contract negotiations with respect to any subject or matter referred to or
covered in this Agreement.
B. Matters Not Referred to or Contained Within Agreement: Further, the parties, for the life of this
Agreement, voluntarily and unqualifiedly waive the right, and each agrees that the other shall not
be obligated to reopen contract negotiations with respect to any subject or matter not specifically
referred to or covered in this Agreement, even though such subject or matter may not have been
within the knowledge or contemplation of any of the parties at the time this Agreement was
negotiated or signed. The parties may, however, voluntarily agree to reopen contract negotiations
on any subject at any time.
SUPERSEDING OF ALL PREVIOUS WRITTEN/ORAL AGREEMENTS OR UNDERSTANDINGS:
This Agreement contains all of the agreements and understandings between the parties: and supersedes
all previous agreements and understandings, and no oral agreement or understanding survives the
execution hereof.
ARTICLE 39: DEFERRED COMPENSATION PROGRAM
A Deferred Compensation Program is eligible to employees as long as it is offered by the City of Nashua
and no additional costs are incurred by the Department as a result of employee participation in the
Program.
ARTICLE 40: DURATION OF AGREEMENT
This Agreement between the Union and the Department is a four year agreement, commencing on July
7, 2022, and expiring at midnight on June 30, 2026. A party desiring to negotiate a successor agreement
hereto shall give notice to the other party at least one hundred twenty (120) days in advance of the
expiration date hereof. If such notice is given, the parties shall negotiate a successor agreement in good
faith in advance of the expiration hereof if possible, and, if said successor agreement has not been executed
prior to said expiration date, then the parties shall conduct themselves in accordance with the principal of
“status quo”, or as otherwise required by law. The terms of this contract are retroactive to July 1, 2022.
46
