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Police union collective bargaining agreement for the state of New Hampshire (2023-2025)

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A collective bargaining agreement (CBA), in the context of police union contracts, is a contract between a state, city, or other governing entity and a police union to establish rights, protections, and provisions for law enforcement officers. What follows is the text of the state of New Hampshire police union collective bargaining agreement entered into by the state of New Hampshire and the New Hampshire Troopers Association on July 1, 2023, which is set to expire on June 30, 2025.[1]

Preamble: Collective Bargaining Agreement

Text of the Preamble:[1]

“ This Agreement is made and entered into between the NH Trooper's Association, hereinafter referred to as the 'Association, and the Division of State Police, State of New Hampshire referred to as the 'Employer,' collectively referred to hereinafter as the 'Parties.' It is the intent and purpose of the Parties to this Agreement to promote and improve the efficient administration of the Division of State Police, State of New Hampshire, and the well being of the classified employees within the meaning of New Hampshire Revised Statues Annotated 273-A, to establish a basic understanding relative to personnel policy, practices, and procedures and matters affecting conditions of employment with respect to which the Employer is empowered to negotiate, and to provide a means of amicable discussions and adjustment of matters of mutual interest. In consideration of the mutual covenants herein set forth, the parties hereto intending to be bound hereby agree as follows:[2] ”

Article I: Recognition and Unit Description

Text of Article I:[1]

“

1.1 The Employer recognizes the Association, which shall serve as exclusive Representative of all classified employees in the bargaining unit. The Association recognizes the responsibility of representing the interest of all employees in the unit without discrimination for the purpose as set forth in this Agreement.

1.2. The Employer shall not enter into any agreements, regarding employment relations matters with any other organization or individual purporting to represent any group of employees in the bargaining unit, and shall not furnish any facilities or engage in any type of conduct, which would imply recognition of any group other than the Association as a representative of the employees in the unit.

1.3. Reference to the 'Association' as exclusive representative of the employees means the state organization of New Hampshire Trooper's Association. The Employer shall have no obligation to bargain with and shall not bargain or enter into agreements with any committee, chapter or district organization of the Association in matters covered by this Agreement, unless such persons or bodies are specifically designated by the Association as authorized representatives for such purpose. Further references to the Association in the Agreement means the New Hampshire Trooper's Association.

1.4. Nothing in this section shall prevent the Employer from discussing matters of mutual concern with the employees of the Department.

1.5. The provision of this Agreement shall be applied equally to all employees in the bargaining unit in accordance with state and federal law. [2]

”

Article II: Management Programs

Text of Article II:[1]

“

2.1. The Employer retains all rights to manage, direct and control its operations, subject to the provisions of law, personnel regulations and the provisions of this Agreement, to the extent that they are applicable. These rights shall include but not be limited.

2.1.1.Direeting and supervising employees.

2.1.2.Appointing, promoting, transferring, assigning, demoting, suspending, and discharging employees.

2.1.3.Laying off unnecessary employees due to lack of work, for budgetary reasons or for other like considerations.

2.1.4.Maintaining the efficiency of governmental operations.

2.1.5.Determining the means, methods and personnel by which such operations are to be conducted.

2.1.6. Taking whatever actions may be necessary to carry out the mission of the department in situations of emergency, the determination of such situations to be the prerogative of the Employer.

2.2. For purposes of this section 'emergency' is defined as any conditions or situation out of the ordinary, which requires innnediate action to avoid danger to life, property, or to prevent losses affecting the Employer, the employee or the general public.[2]

”

Article III: Association Rights

Text of Article III:[1]

“

3.1. The Employer shall furnish reasonable space on bulletin boards for the use of the Association. The Association shall use this hoard for posting of notices pertaining to recreational and social activities, Association elections, reports of the Association, or its committees, Association meeting notices, legislative enactments, decisions of the Public Employee Labor Relations Board (PELRB), and judicial decisions effecting public employee labor relations. The Association shall not post any materials, which are obscene, defamatory, or impair the operation of the Employer or which constitute partisan, political campaign material. Where the Employer finds material posted on the bulletin board to be objectionable as violation of the Agreement, it will consult with the Association or any representative. If such consultation doesn't resolve the Employer's objections, the Association shall promptly remove the material in question from the bulletin board. The matter will then be immediately referred to the grievance procedure for resolution.

3.2. The Employer shall furnish the Association with the names and business addresses of all permanent unit employees at least quarterly upon the request of the Association. The listing of permanent unit employees shall include the name, business address, labor grade and step, and shall indicate which employees are new unit employees.

3.2.1. The Employer agrees to provide to the Association a tape, disk or other format for the administration of dues deductions.

3.3. The internal business of the Association shall be conducted by the employees during their non-duty hours.

3.3.1. The New Hampshire Troopers Association shall be allowed to utilize the Department of Safety Courier Services during its' normal routine schedule, the State Police E-mail system, and the State Police facsimile machines for Association-related business. Distribution and receipt of information is the responsibility of the Association. The Division reserves the right to refuse to deliver or transmit information which is deems inappropriate.

3.4. Association committee or chapters shall be allowed the use of facilities of the Employer for meetings providing that written approval of the Employer is secured subject to the following conditions.

3.4.1.Such Employer Facilities are available and their use for such meetings would not conflict with the Employer's business.

3.4.2. Such approval shall be subject to such other reasonable conditions as may be imposed by the Employer.

3.4.3. Such approval, if given, will be limited to members of the committee, bargaining unit employees, Association staff members, and guest.

3.4.4.Nothing in this provision shall be construed as a limitation of the rights of the Association, its chapters or committees to utilize the Employer's facilities that are otherwise available for the public use.

3.5. Representatives of the Association shall be allowed to visit work areas of employees during working hours and confer on conditions of employment to the extent that such visitations do not disrupt the work activities of the area being visited, Prior to entering the work area, the representative shall receive permission from the appropriate designees stating the reason(s) for the visitations.

3.6. The Association president or his/her designee shall be allowed a total of three hundred and sixty (360) hours off per year without loss of time, pay or vacation for the purpose of conducting business of the Association or attending meetings, conventions or conferences related to the business of the Association. Meetings called by the Employer or legislative appearances authorized pursuant to Article 21, 13. shall not be subtracted from the three hundred and sixty (360) hours.

3.7. In addition to the leave provided for in 3.6., the Employer agrees to authorize four (4) days off, without loss of time or pay, for the Steward(s) to attend an Association training program. New Stewards of the contract shall receive three (3) days off. The Association shall notify the Employer not less than twenty (20) days in advance of such proposed training programs .

3.8. The Employer may grant union administrative leave to employees at the request of the Association in addition to the leave provided for in 3.6. and 3.7. Such requests shall be made to the Bureau of Employee Relations for approval.

3.9. The Association shall be allowed the use of five (5) payroll deductions for any group program(s) in addition to a dues deduction.

3.10. Employer orientation programs and/or orientation handbooks shall info1m new employees that the Employer is a bargaining unit represented by the State Trooper's Association. The Employer agrees to distribute informational packets provided by the Association to new employees.[2]

”

Article IV: Consultation and Labor Management Committee

Text of Article IV:[1]

“

4.1. The Parties recognize their mutual obligation to meet and confer regarding problems arising out of the employment relationship.

4.2. It is agreed and understood that policies and procedures related to terms or conditions of employment are appropriate matters for consultation between the Parties, providing however, that neither Party waives or relinquishes their right to negotiate mandatory subjects of collective bargaining providing, however, that the Parties may mutually agree to discuss any subject matter not otherwise included in 4.2.

4.3. Consultation shall be requested by either Party in writing, stating the reason for the meeting and the agenda or topic of consultation. Consultation requests by the Association shall be made by the Director of the New Hampshire State Police by either the President or Vice President of the Association. The Director of the Division of State Police shall make consultation request by the Employer to the Association.

4.3.1.A mutually agreeable meeting date shall be established providing that such date shall be within fifteen (15) work days of receipt of the written notice. The time limit may be extended by agreement.

4.3.2. The Association shall be represented by not more than five (5) employees. The Association will state the names of the employees, if any, who are to attend the meeting. Representatives of the Employer shall meet with the Association representatives.

4.4. The Parties agree to establish a Labor Management Committee consisting of not more than four (4) representatives of the Employer and not more than four (4) representatives of the Association.

4.4.1. The Committee shall meet as frequently as may be necessary to carry out its purpose and responsibilities as set forth in this Agreement.

4.5. The purpose of the Committee shall be to ensure the application, clarification and administration of this Agreement. [2]

”

Article V: Dues Check-Off

Text of the XXX:[1]

“

5.1. The Association shall be entitled to have payroll deductions for membership dues from its members.

5.2. The Association shall be entitled to have payroll deductions for membership dues from any new member who indicates in writing that he/she wishes such deductions to be made.

5.3. When Association members vote for a change in Association dues which necessitates a modification of payroll deductions and the Association wishes to implement such modification, it shall furnish a certificate evidencing the authorizing vote to the Comptroller of the State of New Hampshire, together with a written request for the modification in payroll deductions. The certificate shall be signed and sworn to by the Secretary of the Association with Corporate Seal.

5.4. To the extent that action is necessary by the Employer to implement the dues deductions, the Employer shall make reasonable effort to ensure that the payroll deductions are put into effect as soon as practicable.

5.5. Those employees who me members of the Association on the effective date of the Agreement shall be notified in writing by the Association that they must retain their membership throughout the period (term) of the Agreement, except that each member shall have the opportunity to withdraw for a fifteen-day period beginning on August 15, 2015. Each individual notice of withdrawal of membership shall be in writing and postmarked no later than August 30, 2015.

5.6. Membership application documents for employees who join the Association after the effective date of the Agreement shall contain a conspicuous notation that their commitment is effective for not less than the term of the Agreement. [2]

”

Article VI: Basic Work Period

Text of Article VI:[1]

“

6.1. The basic work period for bargaining unit employees, with due allowance for authorized holidays and leaves of absence with pay, shall be one hundred sixty (160) hours in a twenty eight (28) consecutive day period. The Employer shall retain the schedule(s) existing on the effective date of this agreement.

6.2. All hours worked beyond one hundred sixty (160) hours during any work period as defined in section 7.1. shall be compensated at one and one half (I 1/2) times the regular hourly rate. With the exception of training that a member requests and volunteers for, and special unit training (SWAT, K-9, EOD, TAR, Motorcycle Unit, Drill Team and DRE) all training shall be portal to portal. If the training is out-of- state, then travel time shall be considered hours worked.

6.3. The Employer may alter scheduled days off and the Employer may relieve a bargaining unit employee of duty during the employee's regularly scheduled shift hours for reasons of safety or effectiveness. [2]

”

Article VII: Overtime

Text of Article VII:[1]

“

7.1. Employees shall be entitled to time and one-half of compensation for each hour of overtime worked.

7.2. The following provision constitutes the understanding of the parties with respect to defining 'time worked' for the purpose of determining the number of hours required for overtime compensation eligibility.

'Time worked' shall include all hours actually worked and all hours on approved leave status including bona fide meal periods, bona fide rest periods and absences due to a compensable worker's compensation injury except unscheduled sick leave that results in the shift being filled at overtime and any time worked for which specific compensation provisions have been established elsewhere in the Agreement.

a) For the purpose of this provision, 'unscheduled sick leave', with the exception of bereavement leave, shall be defined as any sick leave taken with less than three (3) work days' notice.

7.3. Employees called back to work without prior notice on the same day after once leaving work or before the next regular starting time, shall be guaranteed a minimum of not less than four ( 4) hours compensation.

7.4. Employees called back to work pursuant to 7.3, shall have the hours worked computed from portal-to-portal.

7.5. Standby: Any employee who is required by the Employer to be available for immediate return to duty, under conditions which do not allow the employee reasonable use of the time waiting to be called back to duty for his or her own purposes, shall be deemed to be in standby status. Time in standby status shall be considered time worked for regular compensation and overtime·compensation purposes.

7.6. Any employee who is not on duty and is required by the employer to appear in court or at an administrative hearing on behalf of the Employer shall be compensated for all hours worked at time and one half the regular rate and shall be granted a minimum of four (4) hours compensation. The employee shall be paid portal-to-portal. Employees scheduled to appear in a single court but at times separated by at least four ( 4) hours shall be entitled to the four (4) hour minimum for each scheduled time, provided that the two appearances do not involve the same case. If an employee is late for cowt and the case has already been disposed ofby the time of his or her anival, no compensation shall be paid. Witness fees paid to employees under these circumstances shall become the property of the Employer. Court/administrative hearings for employees who are not on duty shall be compensated with a four (4) hour minimum when the minimum does not cover duty hours. Employees shall not be entitled to two (2) four (4) hour minimums when two court appearances overlap but shall be entitled for hour for hour compensation over the four (4) hour minimum.

7.6.1. Any bargaining unit member who is canceled less than ten (10) hours in advance for an off-duty court appearance shall be paid a two (2) hour minimum.

7.7. Overtime pay will be paid in the pay period immediately following the pay period during which the overtime was worked.

7.8. Compensatory Time: For the period of this agreement an employee may receive compensatory time in lieu of overtime pay upon mutual agreement between the appointing authority and the employee at a rate of not less than one and one-half hours for each overtime hour worked.

An employee may accure not more than 160 hours of compensatory time to be paid out at the time of separation or retirement at the employee's rate of pay at that time. Any additional compensat01y time must be used or paid out by the end of each fiscal year.

Whenever practicable, the appointing authority shall approve compensatory time off at a mutually agreeable time.

When an employee is paid for compensatory time, payment shall be at the employee's regular rate of pay al the time of payment. The parties agree that since the compensatory time was booked at the rate of one and one half, payment will be made for the compensatory time at straight time which is the equivalent dollar amount of time and one half.

An employee may by mutual agreement receive compensatory time in lieu of overtime pay under the above provisions. [2]

”

Article VIII: Traffic Control Duty

Text of Article VIII:[1]

“

8.1. Employees may work approved construction/overtime details on off-duty hours in accordance with Division policy. Employees shall be compensated at one and one half (l 1/2) times the rate of pay for a Trooper II at maximum step and shall be guaranteed a minimum of four ( 4) hours compensation with compensation for time worked beyond four (4) hours to be paid in increments of one half (1/2) hour.

8.1.1.If a bargaining unit employee is canceled for a construction/ove1iime detail with less than twelve (12) hours' notice, the employee shall be paid the four (4) hour minimum, provided the person or entity ordering the detail can be billed by the State for the four (4) hours. [2]

”

Article IX: Holidays

Text of Article IX:[1]

“

9.1. If the calendar holiday falls on an employee's regularly scheduled day off, the employee shall receive pay for the day in an amount equal to the regular rate for eight (8) hours. If an Employee is required to work on a calendar holiday the Employee shall be paid eight (8) hours of compensation plus one and one-half(! 1/2) times the regular rate for all hours worked. When the holiday on which the employee works is Thanksgiving, Christmas, or New Year's Day, the employee shall be paid at the rate of two times their regular hourly rate for hours actually worked on the holiday or be given compensatory time off equal to two times the number of hours actually worked.

In the event that an employee is scheduled to work a holiday and is approved to be absent for personal reasons or due to illness or injury, the employee shall receive holiday pay only and shall not suffer the loss of any accrued leave time. Notwithstanding the foregoing, an employee with an alternative schedule who works more than the regular 7.5 or 8 hours per day, as applicable to their basic workweek, and who does not work on a holiday, shall be entitled to use leave for any hours that would normally have been worked in excess of7 .5 or 8, as applicable.

9.2. The following days are holidays: New Year's Day Mmtin Luther King, Jr./Civil Rights Day President's Day Fast Day Memorial Day Independence Day Labor Day Columbus Day Veteran's Day Thanksgiving Day Day after Thanksgiving Christmas [2]

”

Article X: Annual Leave

Text of Article X:[1]

“ Insert the text of the quote here, without quotation marks.[2] ”

Article XI: Sick Leave

Text of Article XI:[1]

“ Insert the text of the quote here, without quotation marks.[2] ”

Article XII: Association Representation

Text of Article XII:[1]

“

12.1. The Employer agrees that the Association shall have eight (8) Stewards with the following placement:

  1. 1 Troop A, geographical area 1 Steward
  2. 2 Troop B, geographical area 1 Steward
  3. 3 Troop C, geographical area 1 Steward
  4. 4 Troop D, geographical area 1 Steward
  5. 5 Troop E, geographical area 1 Steward
  6. 6 Troop F, geographical area 1 Steward
  7. 7 Troop G, 1 Steward
  8. 8 Headquarters, 1 Steward

The Employer agrees that any time a new geographical area is created or revised that a new Steward shall be appointed by the Association for the new designated area.

12.2. The Employer agrees there shall be no discrimination against any Steward because of his or her duties as an Association official or member. The Association shall furnish the Employer a list of the Stewards representing the agency and keep the list current.

12.2.1. Representation of Employees: An employee shall be entitled to Association representation at an investigative interview or meeting if requested by the employee when that employee reasonably believes that the interview or meeting may result in disciplinary action against him/her. The Association representative's role at an investigative interview or meeting is to consult with the employee. The Employer is free to insist upon hearing the employee's own account of the matter(s) under investigation. The Parties agree that in all cases the principles of 'Weingarten' and 'Garrity' and other applicable case law shall be observed. 'Disciplinary action' means action resulting in a written warning, the withholding of an annual increment, a suspension, a demotion, or a dismissal, as stated in the Administrative Rules of the Division of Personnel.

12.3. The Employer shall authorize a reasonable amount of time during the regular working hours without loss of time or pay, to permit the Steward to carry out their responsibilities in accordance with the provisions of this Agreement. The Association agrees that it shall guard against the use of excessive time in handling such responsibilities. Each Steward, before leaving his/her assigned work area to transact appropriate Association business, shall first obtain the consent (which consent shall not be unreasonably withheld) of his/her immediate supervisor; upon entering a work area, other than their own, the Steward shall first advise the appropriate supervisor of his/her presence and specify the name(s) of the employee(s) to be contacted.

12.3.1. NHTA executive board members, to include the president, vice president, secretary and treasurer may attend one NHTA meeting per month whether on or off duty. All other internal business of the Association shall be conducted by the employees during their non-duty hours.

12.4. Whenever an employee who is a Steward finds that he/she also is the 'supervisor' in a grievance procedure, it is agreed that another authorized Steward shall function in that particular grievance. [2]

”

Article XIII: Safety and Health Protection

Text of Article XIII:[1]

“ 13.1. It is mutually agreed that the prevention of accidents and injuries to state employees will result in greater efficiency of operations of state government. Toward this end, the employer shall make every reasonable effort to provide and maintain safe and healthy working conditions, and the Association shall fully cooperate by encouraging employees to perform their assigned tasks in a safe manner.

13.2. A Safety Committee composed of Association members representing management within the bargaining unit shall be established. The purpose of the committee shall be to develop programs of safety education, health protection, and reasonable standards for compliance by both Employer and employee. Voluntary compliance will be sought initially to reduce injuries and lost workdays.

13.2.1. The Safety Committee shall meet at the call of either the Employer or the Association, within ten (10) days.

13.3. The Employer agrees to maintain first aid kits located in secure but readily accessible areas. All on-the-job injuries, regardless of seriousness, shall be reported to the Supervisor. The names and telephone numbers of emergency services, e.g., police, fire, licensed ambulance services, and the poison control center at Mary Hitchcock Hospital shall be posted on official bulletin boards.

13.4. Employees shall be allowed reasonable time off from their duties without loss of time or pay in order to participate in inoculations or diagnostic clinics, which are sponsored for public employees or authorized by the Division of Public Health. Such time off must be approved by the immediate supervisor and not be unreasonably denied.

13.5. The Safety Committee shall ascertain the desirability and/or necessity of providing physical and ophthalmological examinations, immunization, or other diagnostic screening of selected occupations.

13.6. The Employer may authorize reasonable time off for safety committee members to attend safety and health seminars and training sessions.

13.7. The Safety Committee shall investigate the feasibility of the establishment of employee assistance, comprehensive health and lifestyle programs, and affect their implementation to the full extent found to be feasible.

13.8. The Safety Committee shall establish guidelines that will ensure the proper training for all employees who use unique or specialized equipment.

13.9. The following areas shall be addressed for the purpose of establishing guidelines, implementing programs, and/or providing equipment.

Protective clothing Safety equipment Fire prevention equipment First aid kits and training Self-defense guidelines Number of employees in selected situations Worksite hazards Other areas of health and safety are subjects of concern for the Safety Committee. 13.10. The Safety Committee shall have equal numbers from management and labor. The Association shall appoint labor representatives.

13.11. The Employer shall provide within 30 days a written response to the recommendations of the Safety Committee which indicates acceptance or rejection of the recommendations and the reasons therefore. An extension of 30 days is permitted upon written notification to the Safety Committee. Unresolved issues shall be grievable under Article XVI. Any grievance shall start with step III of the grievance procedure. [2]

”

Article XIV: Grievance Procedure

Text of Article XIV:[1]

“

14.1. The purpose of this Article is to provide a mutually acceptable procedure for adjusting grievances and disputes arising with respect to interpretation or application of any provision of this Agreement.

14.1.1. It is intended that the procedure provided herein shall facilitate the resolution of any such disputes at the lowest possible level, and the Employer and the Association agree to work together towards this end. Nothing in this Article shall be interpreted as preventing or discouraging any employee from discussing any disputed matter in an informed and informal manner with the immediate supervisor or the Employer. Such discussion will not, however, interfere with the right to seek resolution of the dispute through the grievance procedure provided herein.

14.1.2. The Steward, when requested by one or a number of employees whom he/she represents, may investigate the basis for any dispute arising under this Agreement and may, at any stage, assist the employee(s) in seeking resolution of such dispute through the grievance procedure provided herein. A representative of the Association may substitute in place of the Steward.

14.1.3. Any employee having problems concerning the interpretation or application of any provision of his Agreement shall seek adjustment in the step order listed below. There shall not be less than two or more than five adjustment steps.

14.1.4. All time limits set herein may by mutual agreement between the grievant and the Employer may be extended.

14.1.5. Nothing in this Article shall be construed as an abrogation of the right of an employee to present a grievance without the intervention of the exclusive representative in accordance with RSA 273-A:11(a).

14.1.6. In any case, the rights of the Association, as opposed to rights of members, are affected, the Association may file a grievance in its own name through any of its agents or officers.

14.1.7. A grievance shall be filed within fifteen (15) work days of the time the grievant knew or should have known of the alleged violation.

14.1.8. A grievance initiated by the Employer against the Association or its members shall be filed directly with the President of the Association and shall be considered a Step II appeal.

14.1.9. A copy of all grievances, which have been reduced to writing, shall be forwarded to the Bureau of Employee Relations and to the offices of the Association.

14.1.10. All grievances and their responses at all steps shall be submitted via e-mail. If e-mail is not available at the time the grievance or response is filed it may be delivered by other means as required by this Article.

14.2. STEP I - Employee and Immediate Supervisor.

14.2.1. The employee and/or his/her Steward shall present to his/her supervisor all the facts pertaining to the dispute.

14.2.2. The immediate supervisor shall resolve the dispute at once or notify the employee or his/her representative of the decision within five (5) working days from the date the problem was presented to him/her.

14.3. STEP II - Employee and Intermediate Supervisor.

14.3.1. If subsequent to the immediate supervisor's decision, the employee and/or his/her Steward feels further review is justified, notification to that effect and a statement of all the facts pertaining to the problem, specifying the Article(s) and Sections(s) which have been allegedly violated shall be made in writing to the immediate supervisor, as well as the immediate supervisor, within ten (10) working days from the day the employee was informed of the immediate supervisor's decision.

14.3.2. The intermediate supervisor shall schedule a meeting with those concerned as soon as practicable after receipt of the written notification of appeal. Such meeting shall be scheduled within ten (10) working days.

14.3.3. The intermediate supervisor shall notify in writing the employee of his/her representative and his/her immediate supervisor of the decision reached within five (5) working days after the meeting.

14.4. STEP III - Employee and Director

14.4.1. If, subsequent to receipt of the intermediate supervisor's decision, the employee and his/her Steward feels that further review is justified, notification to that effect and a statement of all the facts pertaining to the problem, specifying the Article(s) and Section(s) which have been allegedly violated, and shall be made in writing to the Director of the Division of State Police within ten (10) working days from the day the employee was informed of the decision reached.

14.4.2. The Director or his/her designated representative shall schedule a meeting with those concerned as soon as practicable after receipt of the written notification of appeal. Absent exigent circumstances, such a meeting shall be scheduled within twenty (20) working days.

14.4.3. The Director or his/her designated representative shall notify in writing the employee or the Steward and the supervisors concerned of the decision reached and reasons therefore within fifteen (15) working days after the meeting.

14.5. STEP IV - Public Employees Labor Relations Board

14.5.1. If, subsequent to the Director's decision, the Association feels that further review is justified, an unfair labor practice complaint may be submitted to the Public Employees Labor Relations Board. A copy of the complaint must be sent to the Employer and the Manager of Employee Relations at the same time. The decision of the Public Employees Labor Relations Board shall be final and binding.

14.6. Any resolution shall not be inconsistent with the terms of this Agreement.

14.6.1. Failure on the part of the supervisor or Director to comply with the time limit requirement of this Article shall elevate a grievance to the next step unless the Parties have agreed to extend the time limit requirement.[2]

”

Article XV: Separability

Text of Article XV:[1]

“

15.1. In the event that any provision of this Agreement at any time after execution shall be declared to be invalid by any court of competent jurisdiction, or abrogated by law, such decision or Jaw shall not invalidate the entire Agreement, it being the expressed intention of the parties hereto that all other provisions not thereby invalidated shall remain in full force and effect. [2]

”

Article XVI: Employee Records

Text of Article XVI:[1]

“

16.1. All employees shall be allowed access to their personnel files and records during normal working hours for inspection and/or copies of documents which will be provided by the Employer. Such inspection shall be made subject to prior arrangement with the Employer.

16.1.1. An employee shall be provided with a copy of letters of complaint by a third party and letters of commendation at the same time such letters are placed in the personnel file.

16.1.2. If requested, upon termination an employee will be advised of any recommendation for rehire which has been made a part of that employee's record.

16.2. Every employee shall be informed as to the existence and location of all personnel files. A personnel file shall be defined as any file kept by a supervisor or custodian of official records that relate directly in any way to an employee's status as an employee.

16.3. An employee who is not selected after applying for a posted position shall be informed in writing of his/her non-selection and, if requested, the reason therefore within a reasonable period of time. The preferred method of notification shall be via state email, unless there is a reason to use standard mail.

16.4. All records pertaining to time worked, overtime, compensatory, sick leave, and annual leave shall be maintained and be available for inspection at a designated area.

16.5. An employee who is the subject of an internal investigation, pursuant to division policy, shall be informed in writing when the investigation is complete and of the determination of the investigation. The preferred method of notification shall be via state email. Internal investigations must be complete within ninety (90) days from the date the internal investigation began. The employer may request extensions every thirty (30) days from the Commissioner based on a showing of just cause as to why the investigation has not been completed. The Commissioner may grant or deny such extensions. No unit employee shall suffer loss of state-paid benefits during a suspension with or without pay pending investigation.

16.6. All employees shall be notified in writing of any changes in his/her job specifications and duties upon receipt of said changes from the Division of Personnel, and/or from directives from the Director or his/her designated representative. The preferred method of notification shall be via state email.[2]

”

Article XVII: Notices

Text of Article XVII:[1]

“

17.1. Whenever a written legal notice is required to be given by the State to the Association, such notice shall be given to the President and Vice President of the Association via email. If e-mail is not available, notice shall be given to the state organization of the New Hampshire Troopers Association with offices in Concord, New Hampshire.

17.2. Whenever written legal notice is required to be given by the Association to the Employer, such notice shall be given to the Director of State Police via e-mail and copied to the Manager of Employee Relations. If email is not available, notice shall be given in writing.[2]

”

Article XVII: Waiver

Text of Article XVII:[1]

“

18.1. Waiver by either Party of the other's non-performance or violations of any term or condition of this Agreement shall not constitute a waiver of any other nonperformance or violation of any other term or conditions of this Agreement, or of the same nonperformance of violation in the future. [2]

”

Article XIX: Benefits

Text of Article XIX:[1]

“

19.1. Employees shall be provided all the rights and benefits to which they are entitled by law and this Agreement.

19.2. The parties agree to implement a nine step by thirty-five grade salary schedule effective the first pay period following January 1, 2019. Movement to additional steps beyond those assigned effective January 4, 2019 shall require successful completion of one additional year of employment at Step 01, 02, 03 or 04; successful completion of two years of additional employment at Step 05, 06 and 07; and, successful completion of three additional years of employment at Step 08.

19.2.1. All salaries for classified bargaining unit employees shall increase 10.00% effective the beginning of the first pay period immediately following July 1, 2023, and shall be paid in accordance with the salary schedule contained in Appendix A.

19.2.2. All salaries for classified bargaining unit employees shall increase 2.00% effective the beginning of the first pay period immediately following July 1, 2024, and shall be paid in accordance with the salary schedule contained in Appendix A.

19.3. Payroll checks shall include as required information, a clear designation as to the amount and category, e.g., regular, overtime or holiday pay, or compensation for which payment is being made and sequence number of extra duty details.

19.3.1. The Employer agrees to make available to employees, to the extent that banking institutions cooperate, direct deposit of payroll checks.

19.3.2. Any applicable compensation for overtime and holidays shall be paid in conjunction with the employee's regular paycheck for the period in which such work was performed.

19.3.3. The Employer shall make every reasonable effort to provide a check stub breakdown of information on hours worked in every pay category and, all individual leave accruals (annual, sick, bonus, holiday).

19.4. Reimbursement for travel and meals shall conform to regulations established by the Department of Administrative Services with the approval of the Governor and Executive Council and to the terms of this Agreement.

The Employer agrees to reimburse employees for valid travel expenses within fifteen (15) working days of the date the employee submits to the Employer a properly completed travel expense voucher. The employer agrees to treat travel reimbursement requests with the same priority as payroll. An employee may request an advance for anticipated travel expenses for approval by the Governor and Executive Council.

19.4.1. The Employer agrees to pay field training officers one half (½) hour of overtime per day when working with trainees. These field training officers must be working with the trainees on the date(s) for which they will be paid.

19.4.2. The Parties agree that employees who are required to use their private vehicles for State business shall be reimbursed for all miles incurred at the maximum rate then allowable by the U.S. Internal Revenue Service for the first mile of travel. The Parties further agree that changes in the mileage reimbursement rate, as a result of U.S. Internal Revenue Service action, shall be made prospectively. The Parties further agree that an employee shall record mileage incurred on State business from the odometer readings on his/her vehicle and the Employer shall reimburse for all reasonable travel incurred. In no instance, however, shall the Employer reimburse for travel incurred from an employee's home to or through the site of his/her official headquarters, or vice versa, unless such reimbursement is specifically authorized by this Agreement.

19.4.3. All employees shall be reimbursed for meals when traveling on State business in accordance with the following conditions and schedule:

a. In-State Travel: When associated with necessary overnight stay, employees shall be reimbursed up to the following amounts without a receipt.
Breakfast: $8.00
Lunch: $12.00
Dinner: $21.00
Employees shall be reimbursed for the actual reasonable cost of breakfast, lunch and/or dinner upon presentation of a receipt. The Employer shall adjust the above rates in July of each year by adopting the then current travel per diem rates set by the General Services Administration for Merrimack County.
b. Out-of-State Travel: When associated with State business, employees shall be reimbursed for meals at rates consistent with the General Services Administration (GSA) Travel Per Diem Rates for the destination city, in effect at the time of travel, without a receipt.
Employees shall be reimbursed for the actual reasonable cost of breakfast, lunch and/or dinner upon presentation of a receipt.
c. The Employer may also authorize meal reimbursement for an employee who is required or who requests to attend an official function, banquet, dinner or meeting provided that authorization is given in advance and in writing. The Employer shall not require an employee to attend if reimbursement is not authorized. This section does not apply to meetings called by during normal working days.

19.4.4. The Employer agrees to reimburse employees for necessary lodging expenses incurred while on State business in accordance with regulations established by the Department of Administrative Services with the approval of the Governor and Executive Council.

19.4.5. Upon request, any employee shall be provided with access to all travel regulations and any changes promulgated thereto.

19.5. All employees shall receive portal-to-portal mileage reimbursement when on a call back.

19.6. If the Employer requires an employee to wear a uniform, such uniform shall be issued to the employee subject to the approval of and an appropriation by the legislature.

19.6.1. Detectives shall receive an annual clothing allowance of five hundred dollars ($500).

19.6.2. The employer shall pay cleaning expenses for uniforms and civilian clothing worn on duty in accordance with Division policy. Employees can wear civilian clothing when attending court; however, the Division will not reimburse those cleaning expenses.

19.6.3. The Employer shall not charge the employee for the repair/replacement of any issued equipment if loss or damage occurred in the normal performance of the employee's assigned duty.

19.6.4. The Employer shall issue to all left-handed law enforcement employees' left-handed holsters, Sam Browne belts, and other left-handed oriented gear.

19.7. Each employee shall have available to him/her all rules, regulations and directives relative to the Division.

19.8. Health Insurance:

19.8.1. The Employer shall make available to employees and their dependents a Network health benefit plan (i.e. HMO) and a Point-of-Service (i.e. POS) health benefit plan both with site-of-service components. An employee's eligibility and opportunity to elect available health care options shall be in accordance with the 'Benefits Highlights' set forth in Appendices F and G and the enrollment conditions of the respective plans. Appendices F and G are incorporated by reference into the health provisions of this Agreement. The Employer shall make available a complete listing of site-of-service providers and shall keep the listing current.

The Association acknowledges that the HMO plan and POS plan provider(s) shall be chosen by the Employer, and that the election by any employee(s) to participate in either plan shall not entitle said employee(s) to any further benefits not expressly provided for by this Agreement.

The level of benefits, cost-sharing, dependent coverage and Employer premium contributions, of the HMO and POS health plan offered under this provision shall be in accordance with the following provisions and with the specifications for a competitive bid. All services and procedures shall be subject to medical necessity.

a. All employees who subscribe in either the HMO or the POS plan shall pay $30 per pay period for employee only coverage, two-person coverage, or family coverage. An employee's obligation to make full payment of these contributions shall remain in effect at all times during which the employee receives benefits under this article, including times during which the employee is not in paid status for any reason including, but not limited to, suspension or leave without pay.

b. The HMO plan design: shall be as described in Appendix F. Additional benefits, terms of coverage, exclusions and limitations not described in and not inconsistent with Appendix F shall be comparable to those set out in the Benefits Booklet for active state employees in effect on the day preceding the effective date of this agreement. The office visit co-payments for the HMO Plan shall be $15.00 per visit for Primary Care Physicians and $30.00 per visit for Specialists. A $100.00 per occurrence co-payment shall apply to emergency room services which shall be waived if the person for whom the service is provided is admitted, $50.00 per occurrence co-payment shall apply to urgent care services and $30.00 per occurrence co-payment shall apply to walk-in centers.

c. The POS plan design: shall be as described in Appendix G. Additional benefits, terms of coverage, exclusions and limitations not described in and not inconsistent with Appendix G shall be comparable to those set out in the Benefits Booklet for active state employees in effect on the day preceding the effective date of this agreement. The office visit co-payments for the POS Plan shall $15.00 per visit for Primary Care Physicians and $30.00 per visit for Specialists. A $100.00 per occurrence co-payment shall apply to emergency room services which shall be waived if the person for whom the service is provided is admitted, $50.00 per occurrence co-payment shall apply to urgent care services and $30.00 per occurrence co-payment shall apply to walk-in centers.

d. Subscribers in either the HMO or POS plans: shall be eligible to participate annually in a health reimbursement arrangement established by the Employer, upon annual completion and proper submission of the health risk appraisal provided for under the respective plan. The arrangement shall provide funds for the payment of any out-of-pocket costs associated with health care services, to include reimbursement for deductibles incurred and products obtained under the health plan, including vision exams and eyewear, up to the amount of $200.

e. The Employer shall provide coverage under the health plans: consistent with Chapter 321 of the Laws of 2006, and known as Michelle's Law and codified in RSA415.

f. Utilization of Cost-effective Providers: The Employer shall provide a voluntary employee incentive program that offers taxable cash payments to employees who utilize cost-effective health care providers. The Employer shall consult with the Association through the Health Benefits Committee regarding the design and implementation of the program.

g. Health Promotion: The Employer shall provide a voluntary employee incentive program that offers taxable cash payments not to exceed $300 per employee per calendar year to employees who participate in health promotion activities and programs offered by the Employer. The Employer shall consult with the Association through the Health Benefits Committee regarding the design and implementation of the program. All approved vendors contracted with the health plan administrator shall be permitted to provide services on state premises for employees.

h. Prescription Drugs - The prescription drug plan: shall include the following:

1. Mandatory Mail Order for Maintenance Drugs after three (3) retail purchases per prescription, with employee opt-out. 2. Mandatory Generic Substitution with DAW 2 (i.e., the only exception is physician-ordered 'Dispense as Written') 3. Co-payments:

a. Retail Co-payments - $10 for each generic medicine/ $25 for each preferred brand name medicine/$40 for each non-preferred brand name medicine.
b. Mail Order Co Payments - $1 for each generic medicine/ $40 for each preferred brand name medicine/$70 for each non-preferred brand name medicine.

4. Exclusive Specialty Pharmacy 5. Traditional Generic Step Therapy 6. Quantity Limits 7. Pharmacy Advisor 8. Maximum out of pocket expenses shall be $750.00 per individual per calendar year and $1,500.00 per family per calendar year.

i. A Smoking Cessation Program will be maintained.

j. Coverage shall be provided for dependents to age twenty-six (26).

k. Employees shall participate in working rate suspensions carried out by the Department of Administrative Services. Employee 'premium' contributions shall be treated the same as other sources of revenue into the employee benefit risk management fund for purposes of the working rate suspension.

l. A bargaining unit employee who is laid off and who elects to continue on the health plan shall not be required to submit a contribution for coverage for the first one month following lay off if the laid-off employee is not eligible to retire and receive post-retirement benefits under RSA 21-1:26- 36 or RSA 100- A:52-55, and is not eligible to receive medical or healthcare coverage under another employer, as the spouse of a person covered under the plan of another employer, or the state plan as the spouse of a state employee.

m. No individual may be covered as a dependent of more than one employee and no employee can be covered as both an employee and as a dependent.

n. Site of Service Locations: As Site of Service locations are added they will be added to the list of accessible locations.

1. Employees or their family members who live or receive services outside the State of New Hampshire are subject to the deductibles if they do not go to a Site of Service location.

o. Effective January I, 2022, the Employer shall provide coverage under the health plans consistent with Chapter 417-E:2 of the Laws of 2014.


19.8.2. Health Benefit Committee:

There shall be a health benefit committee composed of seven members appointed by the Employer, four members appointed by Local 1984 of the Service Employees International Union (Association), one member appointed by the New England Police Benevolent Association (NEPBA), one member appointed by the Teamsters Local 633 (Teamsters), and one member appointed by the NH Troopers Association (Troopers). One Association appointee, chosen by the Association, shall be placed on the evaluation teams responsible for scoring the responses to the Employer's solicitations for health plan administrators, dental plan administrators, and pharmacy benefit plan administrators. The Association appointee shall agree to be bound by RSA 21-I: 13-a, II and any other confidentiality obligation as may be imposed on the Employer.

a. The purpose of the committee is: (1) To work with the Employer on all issues related to the purchase and administration of health benefit plans authorized or required by this agreement.; and (2) to make recommendations to the Employer for changes in benefit design, utilization management, and/or provider payment policies that will preserve the continued viability of the health plan by limiting the growth in claims costs while improving the quality of care. This includes recommendations concerning health education, wellness incentives, incentives to utilize 'centers of excellence' or more efficient providers, preventive medical services, case management, disease management, high-risk intervention, aligning provider payment policies with quality improvement, and providing consumer information on treatment alternatives and provider cost-effectiveness.

b. The Employer shall make available to the committee such expert advice and assistance as is reasonably necessary to accomplish its mission. The committee shall be entitled to receive any information relevant to its mission which does not violate Federal or State individual privacy rights or is not deemed to be confidential by law.

c. The Employer shall consider the reports and recommendations of the committee on issues related to the purchase and administration of the health benefit plan before making final purchasing decisions. This is provided that the reports and recommendations are timely filed. Nothing contained in this section shall prevent the Association's representatives on the Committee from contacting the Governor and Executive Council members about any health benefit vendor contract subject to any nondisclosure agreement or statutory disclosure prohibition. The Department of Administrative Services shall notify the Association's Committee representatives of its intent to place such contract onto the Governor and Executive Council agenda by providing a copy of the contract to be submitted as many days in advance of the specific meeting at which it intends to bring forward such contract for Governor and Executive Council approval as is permitted by law.

d. The Employer shall consider the reports and recommendations of the committee on issues related to claims costs and quality of care before making proposals for health benefit plan changes in renegotiation of this Agreement. This is provided that the reports and recommendations are filed by July 1 of even-numbered years.

e. The Committee shall meet at least monthly unless mutually agreed otherwise.

f. The Employer, the Association, the NEPBA, the Teamsters, and the Troopers shall receive a copy of any report or recommendations prepared by the Health Benefit Committee.

19.8.3. Additional Health Benefit Advisory Committee Duties:

The Committee shall develop recommendations for the parties to secure alternative funding and provide for future retiree health expenses as described in NH RSA 21-l: 30.

a. The committee shall also develop annual recommendations to the Commissioner of Administrative Services for current retiree health plan design changes that ensure the long-term sustainability and provision of the retiree health benefit.
b. The Employer shall make available to the committee such expert advice and assistance as is reasonably necessary to accomplish this duty.

19.9. Term Life Insurance: Full-time employees shall be provided with group term life insurance of $50,000. In addition, the Employer shall make available employee-paid optional life insurance coverage at 1x, 2x, 3x, and 4x base annual salary. Voluntary selection of the first 1x base annual salary is not subject to evidence of insurability. The voluntary benefit will be effective January 1, 2016.

19.10. The employer shall make a reasonable attempt to provide parking for employees.

19.11. Longevity: Any employee who has completed ten (10) years of continuous service shall be paid, in addition to his/her normal salary, the sum of $350.00 annually and an additional $350.00 for each additional five years of continuous service. An employee shall be eligible to receive this payment if his/her anniversary date is on or before December 1. The longevity payment shall be paid in the employee's first paycheck received in November. An employee who retires or terminates prior to December 1, but after his/her anniversary date, which is on or after December 2, will be entitled to the appropriate longevity payment upon retirement or termination.

19.12. Dental Insurance: Full-time employees, spouses, and their dependents shall be provided with dental benefits, which shall be paid in full by the Employer with the exception of an employee per pay period contribution. The level of benefits shall be as described in Appendix D. Additional benefits, terms of coverage, exclusions, and limitations not described in and not inconsistent with Appendix D shall be comparable to those set out in the Dental Plan Description for active state employees in effect as of June 30, 2007.

The per pay period contribution shall be:
Employee $4.00
Employee+ 1 $4.00
Family $4.00

An employee's obligation to make full payment of these contributions shall remain in effect at all times during which the employee receives benefits under this article, including times during which the employee is not in paid status for any reason, including, but not limited to, suspension or leave without pay. The Employer shall provide coverage under the dental plans consistent with Chapter 321 of the Laws of 2006, (i.e., Michelle's Law).

Part-time employees shall receive dental insurance benefits where applicable by law.

19.12.1. No individual may be covered as a dependent of more than one employee and no employee can be covered as both an employee and as a dependent.

19.13. The employer agrees that when an employee is required to move his/her residence for the 'good of the state' after he/she has been permanently assigned, the actual moving expenses shall be borne by the Employer, in accordance with the Department of Administrative Services Manual of Procedure. Employees involved in voluntary moves or moves necessitated by promotion are liable for their own moving expenses.

19.14. Any employee who has five (5) or more years of continuous service shall continue to have paid benefits as provided by 19.8 while on an authorized leave of absence without pay due to a non-job related illness or injury for a period not to exceed six months. The employee shall be informed that he/she may purchase the same coverage at group rates for up to 39 weeks at the end of the six-month period if circumstances warrant. The spouse and dependents of a deceased employee shall be entitled to an additional month of medical coverage at State expense.

19.15. Any employee shall be entitled to a fifty-percent (50%) discount on the admission price of any State-owned recreational area. Employees must abide by the established discount rules and regulations to obtain the discount.

19.16. Any bargaining unit employee who is assigned to the narcotics investigation unit, to the special investigation unit, to the major crime unit, as a troop detective, or to the executive security unit shall receive a differential equivalent to a two-grade increase for all hours worked during the period of the assignment.

19.16.1. Any bargaining unit member who is designated to serve as Acting Sergeant or Acting Lieutenant and performs the duties of a Sergeant or Lieutenant for more than 30 consecutive calendar days shall receive the rate of pay for the higher rank.

19.16.2. Members of the bargaining unit who are assigned to the Special Weapons and Tactics (SWAT) Unit or who are division crisis negotiators shall receive a $500.00 per year differential or prorated share thereof to be paid in January of each year.

19.16.3. Members of the bargaining unit who are assigned to the Canine Unit shall be allowed one (1) continuous hour per day during regularly scheduled work time at the end of their shift to provide care for their canine.

19.17. Any State Police Sergeant who performs the duties of Assistant Troop Commander or Assistant Unit Commander shall receive a differential equivalent to a one-grade increase for all hours worked during the period of the assignment.

19.18. Pursuant to RSA 99:10-a, and in recognition of the diverse nature of the job duties of bargaining unit members, each bargaining unit member shall receive a payment above base wages in the amount of thirty (30) dollars per week.

19.19. Mothers' Health Care: The Employer, in accordance with federal law, shall provide a private area and sufficient time for full-time or regularly scheduled part-time employee postnatal mothers to tend to lactation needs.[2]

”

Article XX: Training and Education

Text of Article XX:[1]

“

20.1. Each employee who is selected and authorized by the Employer to participate in any organized training, retraining, or staff development program offered by the State during on-duty hours will be reimbursed for expenses incidental to such training.

20.2. The Employer shall allow any employee to take the minimum number of benefits earned through Veterans' Benefits for educational purposes, provided the benefits involved can be exercised on the employee's own time. The Employer shall not deprive any employee of their earned Veterans' Benefits at any time for any reason.

20.3. Upon written request and approval by the Director, employees will be allowed to attend education courses on duty status.

20.4. The Employer shall allow, when practical, for an employee to make adjustments in his/her work schedules to complete previously approved job-related courses.[2]

”

Article XXI: Miscellaneous

Text of Article XXI:[1]

“

21.1. The Division shall maintain a written policy defining when a sworn member of the Division shall be available for recall.

21.2. An employee shall be allowed to have unlisted telephone numbers at his/her own discretion without the prior approval of the Director or any of his/her designated representatives, with the stipulation that the number be listed at troop headquarters and headquarters in Concord.

21.3. The president of the New Hampshire Troopers Association shall be allowed to submit, in writing, topics of employee concerns to the Commissioner and Director of State Police.

21.4. The Division of State Police will provide each communication job site with updated SOP's. Job Specifications will be made available to employees on request.

21.5. All promotional and non-promotional permanent troop assignments and non-promotional permanent assignments and any other vacant positions shall be posted throughout the Division for a minimum of five days.

21.6. Any employee who is to complete his/her probationary period shall be notified in writing of the fact 30 days prior to the completion date, and the Employer shall make every reasonable effort to inform the employee of his/her assignment at that time.

21.7. Any employee may live within a town within a patrol area to which he/she is assigned or within a reasonable distance from his/her assigned patrol area.

21.8. Each troop station shall make every effort to post, on its bulletin board, a copy of course offerings by Police Standards and Training.

21.9. The Employer shall continue its policy to permit outside employment by members, subject to such limitations and requirements as the Division may deem necessary for the best interest of the State.

21.10. Any employee may grow and maintain a mustache if he/she so desires, so long as such mustache is kept neat and trimmed.

21.11. The Employer agrees to keep one current roster of all State Police personnel who have a current license in alcohol concentration testing and accident reconstruction training. This list shall be maintained at Headquarters Communications Unit at the Hayes Building.

21.12. The Commissioner of Safety or his/her designee agrees to meet and consult at least twice a year with a three-member committee appointed by the president of the New Hampshire Troopers Association for the purpose of discussing all equipment issue and re-issue.

21.12.1. The President of the New Hampshire Troopers' Association, or his or her designee, shall be allowed, while on duty, to attend New Hampshire legislative hearings or legislative meetings such as subcommittees, work sessions, and study committees on matters, which directly affect the Association or its membership. Such authorization shall not be unreasonably denied.

21.13. Any full-time employee of the State who is a member of the National Guard or of a reserve component of the armed forces of the United States shall be entitled to military leave in accordance with the law, but in no event shall the employee be entitled to less than 15 days.

a. In time of armed conflict, members of the National Guard or Armed Forces Reserves who are assigned duties related to notification of next of kin, ceremonial or funeral details shall be released from their regular duties without loss of leave or pay. Such employees shall provide their supervisor with notice as soon as possible as to the date and expected duration of such assignments.
b. For the purpose of this provision a 'day' shall be defined as the employee's normal duty shift, but no greater than nine (9) hours.

21.14. Sunset of Certain Provisions: The provisions in this agreement relative to domestic partners of employees shall sunset six months after the effective date of legislation enacted by the Legislature of any law conferring the right upon persons of the same sex to form civil unions or to marry. If such legislation is later repealed, the domestic partner provisions in this agreement shall be reinstated upon the effective date of such repeal.

21.15. A member of the NHTA board shall be notified when a division member is critically injured or killed. Notification will occur as other notifications are being made. The NHTA shall be added to the event sheet at HQ communications to ensure notification is made in a timely manner.

21.16. Employees shall be able to wear their issued traffic vest, high visibility raincoat, or any other safety equipment in accordance with the Department of Transportation, Federal Highway Administration Regulation 23 CFR 634 or when the employee feels it is necessary for their safety and protection.

21.17. The Employer shall allow members to utilize state-owned vehicles assigned to them as transportation to and from fitness facilities in accordance with policy promulgated by the Department of Safety, inclusive of the following conditions:

a. Prior approval must be obtained from the Department;
b. The use would be within their jurisdiction and either immediately prior to or immediately after their assigned shift;
c. Troopers may use their assigned vehicle only on duty days and must be in uniform of the day;
d. Troopers may not use their assigned vehicle for personal use on non-duty days; and
e. The time traveling to and from the fitness facility and the time at the facility is uncompensated and not considered part of the duty day.

21.18. In recognition of questions regarding the timeliness and current practices associated with the initiation and completion of personnel investigations, the Parties agree to establish a Task Force composed of not more than four (4) persons to be appointed by the Union Committee and four (4) persons appointed by the Employer. The purpose of the Task Force is to identify issues with existing practice, if any, and to recommend processes for implementing any proposed solutions collectively identified by the Parties. The Task Force shall have its first meeting no later than September 15, 2023, and thereafter shall meet as necessary per the agreement of the Task Force members. The Task Force shall produce a written report to be presented to the Employer and the Association no later than May 1, 2024, unless an extension is agreed upon within the members of the Task Force. [2]

”

Article XXII: Duration and Reopening

Text of Article XXII:[1]

“

22.1. This Agreement as executed by the Parties is effective on the date of execution unless otherwise indicated and shall remain in full force and effect through June 30, 2023, or until such time as a new Agreement is executed.

22.2. Renegotiation of this Agreement will be effected by written notice by one party to the other not later than October 18, 2022, or earlier by mutual agreement. Negotiations shall commence within fifteen (15) days after the receipt of such notice.

22.3. The Parties shall seek to reach an agreement relative to the appointment of a mediator not later than the sixtieth (60) day preceding the budget submission date. The Parties shall seek to reach an agreement relative to the appointment of a fact finder not later than the forty-fifth (45) day preceding the budget submission date. The parties shall consider but not be limited to the service of the Federal Mediation and Conciliation Service and the American Arbitration Association for a mediator and fact finder respectively. If the parties fail to reach an agreement on the choice of a mediator or fact finder, the PELRB shall be petitioned under the provisions of 273-A: 12.

22.4. Re-Opening: In the event that the Employer agrees to grant a general wage increase, agrees to a different health plan design, or agrees to fewer contributions to the health plan working rates with any other bargaining unit, during the term of this Agreement, the Parties shall reopen negotiations within thirty (30) days after the Association makes a written demand upon the Employer to exercise this re-opener.

22.5. Limited Re-Opening for Purposes of Classification: The Parties recognize that the State is in the process of migrating all classified positions from current job titles to occupation-specific job titles that align with a nationally established standard known as the Standard Occupational Classification (SOC) System. This migration shall:

  • Reduce the number of class titles for simplification and clearer organization;
  • Establish a framework to increase opportunities in career progression;
  • Enable the comparison of jobs and pay with other organizations and industries; and
  • Align with a national system that is regularly updated for sustainability.

The migration process shall not:

  • Reduce the pay of any position;
  • Change position duties;
  • Change an agency's organizational structure;
  • Eliminate positions or cause layoffs; or
  • Evaluate employee performance;

The Parties further recognize that, after migration, bargaining shall be required to:

  • Implement any revised pay schedules;
  • Authorize occupation-specific pay adjustments;
  • Consolidate existing pay schedules into a system of fewer pay bands;
  • Modify the number, timing, and monetary value of steps; and
  • Change the pay schedules assigned to positions from current pay schedules.

In the event that the Employer intends to move forward with post-migration changes that require bargaining between the Parties, the Parties shall reopen negotiations for the express purpose of negotiating changes necessary to implement these changes to the classification system. No other matters shall be subject to negotiation during this limited reopening, unless such matters are directly related to the changes being made as part of the reclassification project. The Parties shall reopen negotiations within thirty (30) days after the Employer makes a written demand upon the Association to exercise this reopener, which it shall do prior to implementing any changes relative to matters covered by this agreement.[2]

”

The Agreement was signed by the Governor of the State of New Hampshire and the President of the New Hampshire Troopers Association.[1]

See also

External links

Footnotes

  1. ↑ 1.00 1.01 1.02 1.03 1.04 1.05 1.06 1.07 1.08 1.09 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24 State of New Hampshire, 'Collective Bargaining Agreement between the State of New Hampshire and the New Hampshire Troopers Association,' July 1, 2023.
  2. ↑ 2.00 2.01 2.02 2.03 2.04 2.05 2.06 2.07 2.08 2.09 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
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