Search

C. Fire Dispatchers shall work an average of forty-two (42) hours per
week on an eight-week cycle of an equal amount of ten (10) hour day shifts and
fourteen (14) hour night shifts. These shifts will be worked in the following
pattern: one day shift, one night shift, twenty-four hours off, one day shift, one
night shift, seventy-two hours off. The pattern then repeats itself.

Article 15 - OVERTIME

A. When a Fire Officer or Fire Private 1s called back to work shift
coverage he/she shall be paid the regular straight time rate and shall not be entitled
to the overtime rate until that member has worked his/her regularly schedule work
week hours in the seven (7) day established cycle plus an additional five (5) hours
at the regular straight time rate if section F applies and four (4) hours if section F is
not applicable. (For example, a member assigned to work a thirty-eight (38) hour
work week would not receive overtime for shift coverage until that member had
worked forty-three (43) hours if section F is applicable and forty-two (42) hours if
section F is not applicable during that seven (7) day established cycle.) For the
purpose of determining whether a member is entitled to overtime during any seven
(7) day established cycle, hours not worked due to sickness, vacation or paid leave,
will not count towards the regularly scheduled work week hours.

B. When a Fire Officer or Fire Private is held over beyond the end of the
regular work shift (day/night) he/she shall be paid time and one half for all hours
worked with a one hour minimum pay rule.

C. For Fire Officers and Fire Privates - in the event that an emergency
need for overtime work occurs, other than shift coverage and training classes, as
reasonably determined by the Chief, overtime in excess of regular scheduled hours
of duty shall be paid at time and one-half the basic rate, with a two (2) hour
minimum pay rule.

D. When a specialist is kept beyond his/her regular tour of duty, he/she
shall be paid time and one-half the basic rate with a one (1) hour minimum pay
rule, In the event a specialist is called back to work after the specialist's duty shift
has been completed, the specialist shall be paid at time and one-half the basic rate
for the hours actually worked, with a two-hour (2) minimum pay rule.

E. Fire Dispatchers and Dispatch Supervisors shall be paid time and one-

half (1 1/2) the basic rate for all hours worked in excess of forty (40) hours per
weekly pay period. For the purpose of determining whether a member is entitled

14

to overtime during a weekly pay period, hours not worked due to sickness,
vacation or paid leave will not count towards the regularly scheduled work week
hours.

F. An employee upon being notified to work overtime after working a
full duty shift when no emergency is involved will be given one (1) hour leave
with pay to attend to personal business. The one (1) hour leave will be given at
such time as to permit the purchase of food during supermarket store hours, prior
to the meal for which the food is to be used. The hour of leave will be given at a
time set at the discretion of the Chief or designee.

G. Ifan employee is notified to work shift coverage/overtime for both the
day and night shift on Thanksgiving Day or Christmas Day, he will be given three
(3) hours consecutively to attend to personal business. This time will include the
time allotted in paragraph F above.

H. The Union shall establish by platoon for Fire Officers and Fire
Privates two (2) overtime lists of those employees who hold permanent positions
defined under Article 12, Paragraph D, who wish to be offered the opportunity to
serve overtime on a voluntary basis. The first list for each category shall be for
day shift overtime opportunities and the second list shall be night shift overtime
opportunities. Overtime shall be first offered to those employees whose names are
on the voluntary overtime list and who are qualified to serve the overtime in the
opinion of the Chief or designee. The offers shall be made on a rotating basis on
each of the appropriate lists, and employees who decline overtime when first
offered shall obtain a suitable replacement subject to the approval of the Chief or
designee. No employee shall be permitted to start a shift of shift coverage
overtime, if that employee has worked more than seventy-six (76) hours in that
payroll week, except under conditions in B above. Employees who are absent shall
lose their place in the rotation for the period that they are absent except when on
vacation, bereavement leave, while involved in paid department training, on
military leave of a month or less, or Union business. Union business will include
personal leave that is taken for that reason. Additionally, an employee, who is
scheduled on Union business and is unable to work his/her overtime because of it,
will not lose their place in the rotation.

The Union shall keep current and post the voluntary overtime list every
twelve months providing that employees may be added or deleted as needed by
reason of transfer, new hires, promotions or like conditions. Upon being furnished
the voluntary overtime list prior to posting, the department will furnish the Union

15

with all employee telephone numbers unless an employee has refused permission
for the release of the number. In the event of refusal, the Union shall be so advised
and shall then be responsible for the obtaining of the telephone number. All
employees shall be given the opportunity to work overtime on a voluntary basis
after they have satisfactorily completed 120 days of employment in accordance
with this subsection F.

I. All employees agree to work overtime at the request of the Chief or
designee. If an employee is unable to work the assigned overtime, the employee to
whom the overtime is assigned will obtain a suitable replacement and will be
allowed to use City telephones to make such arrangements. AlI replacements are
subject to the approval of the Chief or designee.

J. Upon request, the City will make available the involuntary overtime
assignment list. All involuntary overtime shall be rotated on an equitable basis.
The rotation list for involuntary overtime shall be kept current, posted and reposted
by the City after every transfer.

K. Positions required by Article 12, Paragraph D, shall be designated as
permanent positions. If one of these positions is vacant as a result of sickness,
injury, vacation, or bereavement leave or leave provided for under paragraph 7B,
that absence will constitute a temporary opening due to absence. The Department
will cover temporary openings due to absence in accordance with the provisions of
Paragraphs L through M below. Additional employees above those required to fill
permanent positions defined in Article 12, Paragraph D shall not be used to cover
temporary openings due to absence, and the absence of such employees for any
reason, will create a temporary opening under this Article.

L. | When a temporary opening occurs in the Permanent Fire Officer ranks
due to absence, a Permanent Fire Officer shall be used to cover the opening. In the
event the Department uses an employee to cover any opening created by the use of
the latter Permanent Fire Officer, that opening shall be offered to a Permanent Fire
Officer on the voluntary overtime list under Paragraph F above. When any
additional opening occurs in the Permanent Fire Officer ranks, that opening may be
offered to an Acting Fire Officer or a Permanent Fire Officer on the voluntary
overtime list under Paragraph F above. In the event no Fire Officer on the list
under Paragraph F above fills a temporary opening created by a Permanent Fire
Officer absence, any Permanent or Acting Officer may be required to work
overtime. Any Permanent or Acting Officer required to work overtime may, at the
employee's option, allow a Permanent Fire Officer or Acting Fire Officer to work

16

the overtime, provided that the Permanent Fire Officer or Acting Fire Officer is
qualified in the opinion of the Chief or designee. All coverage of openings under
this paragraph shall be paid in accordance with Article 15, Paragraph A. The above
should not be construed as to prohibit the Officer in Charge from assigning the
replacement Fire Officers to work specific work areas.

M. When a temporary opening occurs in the Permanent Fire Private ranks
due to absence, the following shall apply:

1. All temporary openings due to absence shall be offered to
Permanent Fire Privates on the voluntary overtime list under Paragraph E
above to be paid in accordance with Article 15, Paragraph A.

2. If an overtime opportunity to fill a temporary opening is not
filled by a Permanent Fire Private whose name is on the overtime list under
Paragraph E, any Fire Private may be required to cover the opening shall be
paid in accordance with Article 15, Paragraph A. Any Fire Private required
to work overtime may, at the employee's option, allow another Fire Private
to work the overtime provided that Fire Private is qualified in the opinion of
the Chief or designee. The above should not be construed as to prohibit the
Officer in Charge from assigning the replacement Fire Privates to work
specific work areas.

N. Notwithstanding the provisions of Paragraphs A through L above, in
the event the Commission takes one or more pieces of apparatus out of service by
reason of operational requirements, and there are either temporary or permanent
reductions in staffing because of that Commission action, those employees affected
by the temporary or permanent reductions shall be assigned to fill permanent
vacancies for which they are qualified, and the first opportunity to cover temporary
vacancies for which they are qualified on a straight time basis before the temporary
vacancy coverage is made on an overtime basis. The Department wiil give the
Union notice in accordance with Article 12, Paragraph D, prior to taking one or
more pieces of apparatus out of service, except for normal maintenance and
repairs.

O. In the event that an employee is injured or becomes ill while working
overtime and is not able to return to work, the injured or ill employee shall receive
all benefits provided in Article 22 (Paid Sick and Injury Leave). In the event that
an employee is replacing another employee or is working regular overtime, and

7

becomes ill from a non-work-related cause, he/she will be paid for the hours of
overtime hired and the hours not worked shall be deducted from his/her sick leave.

P. Certain Overtime Callback Procedures.

1, Emergency Overtime — In the event that an emergency need
(multiple alarm, etc.) for overtime work occurs, Fire Alarm will notify those
members who live out of the immediate area last, the immediate area is
defined in Article 37, Section B. Members after being notified of the
emergency shall respond to the emergency within one hour of being notified
or the member will be considered as not having reported for duty and,
therefore, no compensation will be due. However, if such a member is
assigned duties by the Chief or designee upon his/her late arrival, the
member will be compensated commencing at the time such duties are
assigned,

2. Voluntary Overtime

a. Those members on the overtime list who live out of the
Nashua area would be calied.

b. Each member, after being notified that s/he has overtime
and at which station, shall fill the vacancy within one hour of being
notified.

c. If the person contacted is unable to fill the vacancy
within the hour s/he shall make arrangements so that the vacancy shall
be filled within the hour.

d. In order to provide for the most efficient replacement of

personnel in the event of a vacancy, the Department and Union may
agree to a modified method for notifying personnel on the voluntary
overtime list.

3. Detail Overtime List
The Fire Department shall establish a rotating list in order to provide
for the equal distribution of assignments within this detail classification.

Qualified members who agree to work the detail will be paid one and one
half times their regular rate of pay with a (2) two-hour minimum pay rule.

18

Detail lists will be comprised of members who volunteer to be on the
lists and shall rotate with senior members placed at the top of the list. Detail
lists will not be used to cover vacation or sick leave vacancies, unless agree
to by the Department and Union. Detail lists will be posted each January for
a period of fifteen (15) days to allow members to join or exit the list.

Work that is specific to a division or classification and requires
specific training or certification:

This detail work opportunity will be offered to individuals in the
division or classification. If it is determined by agreement of the Department
and Union that a genuine need for additional, trained, members to fill
temporary vacancies or detail work opportunities exists, then, a list of
prerequisites/training a member needs to attain in order to be placed on a
covering detail list will be agreed upon by the Department and Union.
Detail or overtime opportunities may then be offered to members on this
Specifically Trained Detail List, with due regard to seniority, only after all
members in the division or classification that normally cover the opportunity
are given the chance to fill the need for all members are unable to work due
to too many hours already worked in the pay week. In the event that a detail
or temporary vacancy exists and must be filled and all members of the detail
list are not interested, the responsibility to fill this need will always be
relayed to the normal covering division or classification regardless of hours
work, (examples of work that will be pertinent to this paragraph will include,
but not be limited to: dispatcher coverage during hardship periods, certified
instructor work, inspections, line work, mechanic work).

4, Administrative Overtime

Members who are requested to attend administrative or committee
meetings outside of their normal scheduled work hours shall be compensated
one and one-half (1 1/2) times their hourly rate with a one hour minimum.
No physical labor is to be performed by attendees on administrative
overtime. Work details or activities requiring labor by any attendee are not
considered administrative overtime.

19

Article 16 — SENIORITY

A. Seniority shall be determined to be the period of uninterrupted
employment with the Nashua Fire Department and Nashua Fire Rescue since the
last date of employment. The City shall establish a seniority list, and it shall be
brought up to date each year during the month of November and posted on all fire
station bulletin boards for a period of not less than thirty (30) days, and a copy
mailed to the Secretary of the Union. Any objection to the seniority list as posted
shall be reported within thirty (30) days of the end of the posting period by the
individual employee. Seniority will commence from the first day of employment
on a full-time basis as a probationary employee. Corrections to the seniority list
brought to the City's attention after the thirty (30) day period will be corrected, but
would not negate any benefits already awarded based on seniority.

B. In the event of more than one employee being hired simultaneously,
after July 1, 1989, the order of seniority will be determined by the dates that the
Department received the application from the employee. If date of hire and the date
the application is received are the same, employee seniority will be determined
alphabetically by last name.

C. All newly hired employees shall serve a probationary period of nine
(9) months or complete Career Fire Fighter certification, whichever comes later,
and shall have no rights based on seniority during this period. They shall, however,
insofar as applicable, be subject to all other clauses in this Agreement with the
exception of the use of the grievance procedure for termination or discipline
reasons. All employees who have completed said nine (9) months of service or
Career Fire Fighter certification, whichever comes later, shall be known as
permanent employees and the probationary period shall be credited as part of the
employee's seniority. The City agrees to provide training for certification as Career
Fire Fighter at its expense in accordance with State law. In the event the employee
is absent by reason of illness or injury, the Department may, at its discretion,
extend the probationary period by the amount of time absent over seven (7) duty
shifts during that nine (9) month probationary period, up to three (3) additional
months.

D. In addition to the bargaining unit seniority list, Nashua Fire Rescue
shall establish a time in rank seniority list for each division. Time in rank in any
division shall commence on the first day at work in that division and end when the
employee leaves the division for any reason.

Article 17 - PERSONNEL REDUCTIONS AND RECALL

A. In the case of a reduction of personnel within the bargaining unit, the
employee with the least seniority shall be laid off first. In the event an employee
must be involuntary demoted as a result of a reduction of personnel, such demotion
shall be accomplished in accordance with the time in ranks seniority list for the
division and the employee with the least seniority shall be demoted first.

B. The names of employees laid off from the bargaining unit will be
maintained on a recall list for two years from the date of layoff and such
employees will be offered recall in the order of greatest seniority if vacancies occur
in their job classifications. If a laid off employee is notified by telephone or by a
letter sent to his/her last known address on the records of the Fire Department to
return to work, he/she must notify the Department within two (2) days of his/her
intentions to comply or accept and must report to work within ten (10) days of such
notification or he/she shall cease to have any rights based on seniority and shall be
terminated. Recalled employees who return to work will be credited with prior
length of service, provided such employee has not withdrawn his/her contributions
from the State Retirement System.

C. Ifa driver's job is totally eliminated or is not covered on a 24-hour
basis, any driver affected shall be given the opportunity to fill another full-time
driver's job of his or her choice on the basis of seniority, unless he or she is shown
not to be qualified. In the event of reassignment, the driver shall be obligated to
complete only the remaining portion of his/her driver probationary period not
completed at the time of reassignment.

D. Any employee demoted as the result of a reduction of personnel
which is involuntary and non-disciplinary will be maintained on a list. Employees
who are on the demotion list shall be reassigned to fill any vacancies that may
occur in the division from which they were demoted in according with the
demotion list and time in ranks seniority list for the division.

Article 18 - APPOINTMENTS, PROMOTIONS AND DEMOTIONS

A. The State of New Hampshire Fire Service Training Division or an
equivalent organization agreed upon in writing by the City and the Union shall
conduct and supervise written examinations for available promotions within the
Nashua Fire Department which are specified below and which specify a
requirement for such examination.

B. The Testing Agency shall submit to the Board of Fire Commissioners
the names of the candidates who pass the written examinations for each available
promotional opportunity.

C. All promotions to classifications in the bargaining unit and to the
Deputy Chief and Deputy Chief-Training classification out of the unit shall be
made from the ranks in accordance with the procedures set forth under this
Paragraph C, and in Paragraphs D through N below, unless those from the ranks
are shown not to be qualified. Qualifications, in part, for the rank of Lieutenant,
Acting Lieutenant, Fire Alarm Lineman, Inspector/Public Education Officer,
Assistant Superintendent, Inspector/Investigator, Fire Marshall, Superintendent,
Captain, Deputy Chief and Deputy Chief Training shall be determined by a written
examination conducted by the Testing Agency. A passing mark of seventy percent
(70%) must be attained. Years of service on the Nashua Fire Department will add
one (1) point for each year of service in-grade to the passing written examination
mark. However, if all members can test for a position, one (1) point for each year
of service in the Nashua Fire Department will be added to the passing written
examination mark. A passing written examination mark of seventy percent (70%)
must be attained before such seniority points are added. Seniority points shall be
calculated based on the effective date of the test results, and shall be recalculated
based on the date each vacancy occurs. Seniority points shall be added only once.

D. For vacancies in Specialist Divisions, the five (5) candidates who pass
the examinations and attain the highest combined scores of the examinations and
seniority points shall be the eligible candidates considered in accordance with
promotional policy by the Fire Commissioners for the first vacancy. However, for
vacancies in the Fire Marshal Division, as of January 1, 2021, to be eligible to take
the exam, members must have their Fire Inspector I and Fire Investigator
certifications. For each additional vacancy, the candidate who attains the next
highest combined scores shall be added to the list of candidates. If the foregoing
process results in there being less than five (5) candidates available for
consideration, the Fire Commission shall consider the candidates who do pass the
examinations in accordance with previous arbitration decisions. In the event the
Fire Commissioners wish to consider candidates’ conformance to performance
standards, written copies of such performance standards shall be furnished to each
member of the bargaining unit at least six (6) months prior to the date of such
consideration. As part of the testing process, the Fire Commissioners may require
all candidates for positions in the Mechanical and Fire Alarm divisions to
patticipate in a practical skills examination process. This Paragraph D shall apply

to all promotions to classifications other than Deputy Chief, Captain, and
Lieutenant.

E. The written examinations for Lieutenant and Acting Lieutenant will
be given in March. The day of the written examination will be rotated through the
four different platoons. The results of the written examination will stand for
twenty-four (24) months from May 1 next following the administration of the
examination. The posting for the examinations will contain the information in
items (1) and (2) of Paragraph I. For the rank of Lieutenant, the nine (9)
candidates who pass the written examination and attain the highest combined
scores of the written examination and in-grade service year points shall be the
eligible candidates considered in the interview process described in Paragraphs J
and K below.

F. Written examinations for Captain and Deputy Chief will be given in
March or April. The list of those who pass the written examination will stand for
twenty-four (24) months from May 1 next following the administration of the
examinations. For the rank of Captain, the six (6) candidates who pass the written
examination and attain the highest combined scores of the written examination and
in-grade service year points shall be the eligible candidates considered in the
interview process described in Paragraphs J and K below. For the rank of Deputy
Chief, the three (3) candidates who pass the written examination and attain the
highest combined scores of the written examination and time in-grade points shall
be the eligible candidates considered in the interview process described in
Paragraphs J and K below.

G. In the event that there is a tie for the ninth (9") candidate for a
Lieutenant vacancy; the sixth (6") candidate for a Captain vacancy; or the third
(3") candidate for a Deputy Chief vacancy, all candidates affected by the tie scores
shall continue in the process.

Should a tie occur as noted above, then at the Deputy Chief and oral
interview steps (Paragraphs J and K), the highest ranked candidate shall be given a
number equal to the number of candidates being considered and then so on to one
(1) point for lowest ranked candidate. However, in no case shall the final
promotional lists exceed the following number of candidates:

Lieutenant nine (9);
Captain six (6); and
Deputy Chiefs three (3).

Ko
tod