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R-26-04]

RESOLUTION

APPROVING THE COST ITEMS OF A COLLECTIVE BARGAINING AGREEMENT
BETWEEN THE MAYOR AND THE BOARD OF FIRE COMMISSIONERS OF THE
CITY OF NASHUA, NEW HAMPSHIRE AND LOCAL #789, INTERNATIONAL
ASSOCATION OF FIRE FIGHTERS FROM JULY 1, 2019 THROUGH JUNE 30, 2023
AND AUTHORIZING A RELATED TRANSFER AND SUPPLEMENTAL
APPROPRIATION

CITY OF NASHUA

In the Year Two Thousand and Twenty

RESOLVED by the Board of Aldermen of the City of Nashua that the cost items of the
attached coilective bargaining agreement between the Mayor and the Board of Fire
Commissioners of the City of Nashua, New Hampshire and Local #789, International Association
of Fire Fighters are approved. The collective bargaining agreement covers the period from July 1,
2019 through June 30, 2023.

In addition, this resolution authorizes the transfer of $438,725 from Department 194,
Contingency, Account #70150 “Contingency for Negotiations” into Department 152, Fire,
Account #51900 “Payroll Adjustments” for the purpose of funding FY2020 base salary
adjustments contained in the agreement.

In addition, this resolution supplementally appropriates $150,000 of Fiscal Year 2020
unassigned fund balance into Department 152, Fire, Account #51900 “Payroll Adjustments” for
the purpose of funding FY2020 base salary adjustments contained in the agreement.

LEGISLATIVE YEAR 2020
RESOLUTION: R-20-041

PURPOSE: Approving the cost items of a collective bargaining agreement
between the Mayor and the Beard of Fire Commissioners and Local
#789, International Association of Fire Fighters from July 1, 2019
through June 30, 2023 and authorizing a related transfer and
supplemental appropriation

ENDORSER(S): Alderman-at-Large David C. Tencza

Alderman~at-Large Ben Clemons
Alderman Skip Cleaver

COMMITTEE
ASSIGNMENT: Budget Review Committee

FISCAL NOTE: The cost analysis is attached. The use of the unassigned fund balance to
cover a deficit in an operating budget is unprecedented in the City of Nashua and Financial
Services does not recommend starting now. In consulting with the City’s Financial Advisor,
Hilltop Securities, their concern is the cost of the contract over the next two years as all
municipalities will have significant fiscal issues in FY2021 and FY2022 resulting from the
continuing COVID-19 Pandemic.

ANALYSIS

This resolution approves the cost items of a collective bargaining agreement between the Nashua
Board of Fire Commissioners and Local #789, International Association of Fire Fighters,

The Agreement has a term of four years, commencing on July 1, 2019 and expiring on June 30,
2023. The board of aldermen must vote whether or not to approve the cost items of this contract
within thirty days of receipt. RSA 273-A:3 II (c). The redlined copy of the CBA does not include
73 deleted pages of old salary grids that were part of Article 13 of the prior contract. The redlined
copy only includes the newly proposed salary grids, which are now appendices at the end of the
CBA.

The resolution also authorizes the transfer of funds from “Contingency for Negotiations” into
“Fire - Payroll Adjustments” to partially fund the FY2020 base salary adjustments contained in
the collective bargaining agreement. Charter Sec. 53 permits the Board of Aldermen to transfer
any unencumbered appropriation balance or any portion thereof from one department, fund or
agency to another. NRO § 5-130, H provides that “when proposed legislation to transfer or
teappropriate a particular appropriation or portion thereof has had its first reading, such funds
shall not be expended or transferred while the legislation is pending”.

This resolution also supplementally appropriates unassigned fund balance to fund the remainder
of the FY2020 base salary adjustments contained in the collective bargaining agreement. Charter
Sec. 53 permits specific non-budget, supplementary appropriations. There should be notice and
a public hearing, A two-thirds vote is required under Charter Sec. 56-b for an item or amount
not in the mayor’s budget. A roll call is required under Charter Sec. 49.

RESOLUTION

Approved as to account
number and/or structure,
and amount:

Approved as to form:

R-20-041

Financial Services Division

By: /s/ John Griffin

Office of Corporation Counsel
By: /s/ Dorothy Clarke

Date: May 21, 2020

of Nashua
Nashua Fire and Rescue Contract Ana

Educational Assistance (assumes $750 increase FY20) additional fixed amount af $1,000
21 thereafter)

SA W2020-FY20 TO FY23 (1426) (3.5%3.5%3.5963.5% wilh ne change in Longevily) Fire costing Final 05_19_2020-Costing Sheet

AGREEMENT BETWEEN THE MAYOR AND THE BOARD OF FIRE
COMMISSIONERS OF THE CITY OF NASHUA, NEW HAMPSHIRE, AND
LOCAL #789, INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS

JULY 1, 20452019 -- JUNE 30, 20492023

INDEX
ARTICLE # PAGE #

1 - PULPOSES .....ecececsecsseseeseserseesseessssssessessesessesascecsessesecscvsssecsevavausaveetaesatsucaeeas 1

2 - Bargaining Unit and Exclusions ..0........c.cccccsesessssesesssssvecsesesesssessescsvseaeaeees 1

3 - WG BOCUTIOY cawpessreverasescnitatiensenenernnsnsaraanerenmmansnnenesnnwciareennneneassuroans 2

4 - Management Rights ssvsssacesnasssssosyssansceccsawesies iivisiieiieiaecoecnennraeenaeenrnemnnners 2

5 - Conformity with Laws, Charter and Rules and Regulations ...............00. 3

6 - Indemnification .......ccccecsscsesssssessesssscsscsessveessssecesessvevscsuvatsacsecatsscsecscsavaeees 3

7 - Union Business ........c:cccsscsseessseesssesceseseeecsssesessesesscsesesassevevacsevevecaeeuacaneaees -

8 - INGO LLANES aca sevaccanesercanseeeciasinaacinatdinenaneranexevnen enanncremamerscanceneuramentanseerevosuaners -

9 - Disciplinary Procedures «sccssesscassssssivscsssicsiviessisatsvacsssennneanerearenenenaeceneenentens ~
10 - EDGE TRS. ov ccssnnsese Aa asevmnermeseusaecena nor asaseraenpe emenpuiuansimsaperaaeeisesse se anarnane 6
11 - Protection of City Property and Equipment........ccccccccccsscccssssseesssseeeeesees 6
12 - Safety and Health ccc cccesesseseesesecsecseeecsccscsucssssvscsscsessssevanesssesaeeacs 6
13 - Stl ANTES ssscescruesezagseiviaeeniqenrene exnreenrn eremnrnmomssacamararnonntanmennnennaeeseenwravaneenavnces 9
14 - Hours el Da hy ssssssssssssscenusscesnsesavapaeisiiiaioieannenanranseraneacnemnenorravense enon $612
15 - SO UO simno conrrnre rd ereaes mes aa eames N ra MeERRRUERUTEaeRepecnMeIRNeECEE TER connranonl $814
16 - SOMIOTILY 0... eee ceececceessseesessesecseeessesecsesecsacsevesssssesscssvevaevsseesacvarsuseeeeeaes 9320
17 - Personnel Reductions and Recall .....cccccccccccsseecsscessessessscssesseesseeees 9431
18 - Appointments, Promotions and Demotions ........ccccccesscsesesseeeeseeees 9522
19 - Crievanee: ProCe dere sessscssyiscisccs-cneconsannsenrsnnsanrnennnnsauneennineraemvncevvecad! 40532
20 - Patel HG day 8 as cssvecesenssssuzcvosenc sins wwe GWAR Ia aSne venenneenanenneneeennrd 410634
21 - Paid Vacations ........cccccccscssscessessecssscsesssscssscsececvsecucsecaussaeesseeasesssess 40735
22 - Paid Sick and Injury Leave ......ccccccccccceessssssssssscssscsssevscseeevsceeeesaees 44439
23 - Bereavement Leave.....ccccccccccecssccssecsssecsssesssssssecsesscsecsnsseseeseseseens Ha45
24 - Peer esiirel Ue V6 essa sscsssszagsnees anerenneveceranronenunararersouncersersecinunaxmmsnersssav Hest
24A- Extended Leaves of ADSENCE .cc.ccccsssssesensvsscenseeccorcceceereenecererneeseeeneeee H946
25 - Longevity Bonus Pays sssssssverecevcennessnvcepecenaanesiaeneceesinieeestsiditenennard H947
26 - Clothing ALOWanCe oo. eccccccsseseeeesscseeseeecsecscescsesevscescessesvereesereas 412048
27 - LOU GING woe eect esessseesesssseesesesessececsssscssesccssvsseecssvevaceuseetecsuvanecneeas LY
28 - Military Duty Pay .......ccccccsccsssssssescsscscesssersescressssesersavseeessesscucaseas 29
29 = JU Ditty Pee csnccsssscesenssvsessmevswsasisaciacereonaneamnnenermrenarsameanannraanonennnennuns 42249
30 - Pension and. Retirement sssvcscesssescaarsaxiuuansceuueszsiasveiaaneisibanienrareonrnnet 42250
31 - Educational Assistance ......cccccccccccesscsssesscssessscssessecsssesecauecsseuscsseaeeess 42350
32 - INSUTANCE oe eeecseceesseesesseeesssscesssccessscesstesennsesenseeevsssecsueeccssscesscersacens 42451
33 - Mileage ooo. sseesessssesssessesesesssssessssesassesessssseesesssseseseeenensesentess 42754
34 - Working Out of Classification .........cccccccccccscssssssesscssvscerseseeseeseseeeens 42755
35 - Bul betiny Boards ssscvssazacavenesenvsassuassccssesseisssiaiibeisiiaarannnananecenesnnernenceeens +2855
36 - PUG ESCH reaas smcveconswereoveneaiaeuan ues cpenemecqerssimaucrnscoumesenemensaas 42855

DO = SAMS Cla sr yeccvseveesvnxscuvenssesisnaveisvitiiksoncasnasnenenernmnararenecsonenmecnevenencouesiy 1664
39 - Duration and Effect... ccccccsssccscssscscscssesestecscssscsevssssssssesteetevecececeeseseceees 43664
Appendix A — FY 2020.0... ec cce cece ccc eseseesescesessese eee sebseccececsesccce. 66
Pippen 5 I pare hey cag iistinantcianaegues sssivinnas ceria Serer 74
Appendix: C= FY 2002 io vases ices ince reracenenenereesacancousvinsaunuanwenciwanceseuauvs 82
EN ae ey cara amnrnanrecorammtinitis tear ai ter tue a ms see 90
Appendix E — Hazmat Team Flow Chart............ccccceecececcccccceccececceccccccce 98

ii

AGREEMENT BETWEEN THE MAYOR AND THE BOARD OF
FIRE COMMISSIONERS OF THE CITY OF NASHODA,
AND LOCAL -789 INTERNATIONAL ASSOCIATION OF FIRE
FIGHTERS

| This is an agreement made this day of , 29462020,
by and between the City of Nashua, New Hampshire, by its Mayor and the Board
of Fire Commissioners duly authorized, hereafter referred to as the "City" and
Local 789, Nashua, New Hampshire, International Association of Fire Fighters,
hereafter referred to as the “Union”.

In consideration of the mutual covenants herein set forth, the parties hereto agree
as follows:

Article 1— PURPOSES

It is the purpose of this agreement to achieve and maintain harmonious relations
between the City and the Union; to provide for equitable and peaceful adjustment
of differences which may arise and to establish fair and equitable standards of
wages, hours and other conditions of employment, and to continue the existing
harmonious relationship between the Fire Department and its permanent
employees, and to promote the morale, equal rights, well-being and security of the
Fire Department's permanent employees.

Article 2 - BARGAINING UNIT AND EXCLUSIONS

The City hereby recognizes the International Association of Fire Fighters, Local
#789, as the sole bargaining agent and sole and exclusive representative of all
employees of the Nashua Fire Rescue Department, with the exception of the Chief,
the Assistant Chief, the Deputy Chiefs, general maintenance person, and other
civilian personnel for the purpose of bargaining with respect to wages, hours of
duty and working conditions. Employees in the bargaining unit who perform
office work are not included in these exceptions. This agreement shall apply to all
bargaining unit employees of the Fire Department as defined above, with the
exception that probationary employees in Article 16 may not use the grievance
procedure in cases of termination or discipline.

Article 3 - UNION SECURITY

A. Subject to compliance with applicable law, for the term of this
agreement or any extension thereof, all employees who are Union members on the
date of the execution of this agreement or who shall thereafter join the Union
during the term of this agreement shall remain members of the Union in good
standing as to payment of dues as a condition of continued employment by the
City, providing that the Union shall set a 15 consecutive day period during the term
of this agreement during which such members shall be able to withdraw their
membership in writing.

B. — Subject to all compliance with all applicable law, all new employees
employed during the term of this agreement shall within nine (9) months after their
hire, become members of the Union and continue as such as a condition of
continued employment. However, any such employee who withdraws their
membership from the Union shall render to the Union a service fee commensurate
with their fair share apportionment for the cost of collective bargaining and the
administration of this collective bargaining agreement. Such service fee may be
deducted pursuant to the terms of Article 10 of this agreement.

C. The City agrees that it will not discriminate against, intimidate or
coerce any employee in the exercise of his/her rights to bargain collectively
through the Union or on account of membership in or activities on behalf of the
Union.

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

E. It is also agreed that the parties hereto ascribe to and support the
implementation of the City of Nashua's affirmative action program.

Article 4 -- MANAGEMENT'S RIGHTS

Except as otherwise expressly and specifically provided in this agreement, the
Union recognizes and agrees that the supervision, management and control of the
City's business, operations, working force and plant are exclusively vested in the
management of the City. Without limiting the generality of the foregoing, the

bo

Union recognizes and agrees that the right to plan, direct and control the City's
business, methods, operations and working force; to hire, promote, transfer and
temporarily assign bid positions for absences in excess of 45 days, and lay off
employees, to grant leave, and lawfully and for just and proper cause, to demote,
discipline, suspend or discharge employees; and the right to determine the hours
and schedules of work and the work tasks and standards of performance for
employees, is vested exclusively in the City. The foregoing shall not be taken,
however, as a limitation upon the rights of the Union to negotiate for working
conditions and represent the employees covered hereby in the procedures provided
in this agreement and nothing in this agreement shall be so interpreted as to change
any benefits now enjoyed by employees unless such change is specifically covered
in provisions of this agreement other than this Article 4.

Article 5 - CONFORMITY WITH LAWS, CHARTER AND RULES AND
REGULATIONS

Mindful of all existing New Hampshire laws, the City of Nashua Charter and
Ordinances provisions, rules and regulations of the Nashua Fire Department and
every other applicable law, all provisions of this agreement shall be subject to and
consistent with such laws and regulations promulgated thereunder by the Board of
Fire Commissioners. The Union will be informed of any new rules and regulations
to be applied after the signing of this agreement and any such new rules and
regulations shall not be in conflict with or supersede any other provisions of this
agreement. The City of Nashua and the Board of Fire Commissioners agree not to
make any law or regulation or to adopt rules relative to the terms and conditions of
employment that would invalidate any portion of this agreement.

Article 6 ~ INDEMNIFICATION

The City will maintain in effect for the life of this agreement and will have all Fire
Department personnel named as insureds thereunder, the public liability insurance
in force on the effective date of this agreement, provided, however, that if the City
is unable to procure and maintain such insurance, it will indemnify the members of
the bargaining unit in the same manner and to the same extent as the City's present
insurance coverage now provides.

ted

Article 7 - UNION BUSINESS

A. A grievant and one representative shall each be allowed one (1) hour
(without loss of pay if either or both are on duty) during duty hours to process
grievances at steps 1, 2 and 3 of Article 19.

B. The Union President, Vice President, Secretary-Treasurer, Steward-at-
Large and stewards shall each be allowed one duty shift per month to attend to
Union functions, provided they comply with Article 24, section C.

The President of the Union, or designee, shall be granted a total of up
to eight (8) duty shifts of paid leave annually for the purpose of Union business,
provided the Chief is given at least five (5) days’ notice prior to the leave
occurring,

C. All personnel shall have such additional rights, if any, as are granted
them under New Hampshire Revised Statutes Annotated Chapter 273-A (RSA
273-A).

D. Any officer of the Union who is required to attend a Union function or
perform other duties on behalf of the Union necessitating a leave of absence shall
apply in writing to the Chief and the Board of Fire Commissioners and may be
granted such leave without pay when in the opinion of the Chief it will not affect
the effective operation of the Fire Department. In the event an officer of the Union
is granted leave, he/she shall be required to provide a replacement who is qualified
in the opinion of the Chief or designee.

Article 8 -NEGOTIATIONS

All contract negotiations will be conducted by the Local #789 Executive
Committee with the Mayor and Board of Fire Commissioners, the Chief of the
Department and any other duly authorized personnel.

Article 9 - DISCIPLINARY PROCEDURES

A. It is agreed that the City has the right to discipline or discharge
employees for just cause. Discipline shall be corrective in its nature and
progressive in its severity. Disciplinary actions shall normally follow the order
below: