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until the list expires or is depleted or the discipline is removed from the candidate’s
file. In the event that the list is exhausted, the Deputy Chief’s review (Paragraph J)
and the oral interview process (Paragraph K ), will be used to formulate another list
using the eligible candidates specified in Paragraphs D through F. Seniority points
and time in rank points will be recalculated as of the date a vacancy occurs and
candidates may change position on the promotional list as a result. N.For the rank
of Lieutenant and Acting Lieutenant, an applicant must have completed five (5)
consecutive years of service as a Fire Private with the Nashua Fire Department to
be eligible to take the examinations. Eligibility for the tests to be given under
Paragraph E above shall be determined as of March 1. Eligibility for the tests to be
given under Paragraph H above shall be determined as of the date the vacancy
occurs. However, a Fire Private whose anniversary date for ftve years of service
falls within the period during which a promotional list is current will be allowed to
take the examinations, provided that such Fire Private's eligibility for promotion
will not become effective until the Fire Private’s anniversary date. Sole
consideration and absolute preference shall be given to those who have completed
five (5) consecutive years with the Department unless they are shown not to be
qualified.

N. — For the rank of Lieutenant and Acting Lieutenant, an applicant must
have completed five (5) consecutive years of service as a Fire Private with the
Nashua Fire Department to be eligible to take the examinations. Eligibility for the
tests to be given under Paragraph E above shall be determined as of March 1.
Eligibility for the tests to be given under Paragraph H above shall be determined as
of the date the vacancy occurs. However, a Fire Private whose anniversary date
for five years of service falls within the period during which a promotional list 1s
current will be allowed to take the examinations, provided that such Fire Private's
eligibility for promotion will not become effective until the Fire Private's
anniversary date. Sole consideration and absolute preference shall be given to
those who have completed five (5) consecutive years with the Department unless
they are shown not to be qualified.

O. For the rank of Captain, an applicant must have completed two (2)
consecutive years of service as a Lieutenant with the Nashua Fire Department to be
eligible to take the written examination. Eligibility will be determined as of March
1 for the tests under Paragraph F above and as of the date the vacancy occurs for
the tests under Paragraph H above. However, a Lieutenant whose anniversary date
for two (2) years of service falls within the period during which a promotional list
is current will be allowed to take the examination provided that such Lieutenant’s

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eligibility for promotion becomes effective on the Lieutenant’s anniversary date of
two (2) years as Lieutenant.

P. For the rank of Deputy Chief, an applicant must have completed one
(1) year of service as a Captain with the Nashua Fire Department to be eligible to
take the written examination. Eligibility will be determined as of March 1 for the
tests under Paragraph F above, and as of the date the vacancy occurs for the tests
under Paragraph G above. However, a Captain whose anniversary date for one (1)
year of service falls within the period during which a promotional list is current
will be allowed to take the examination provided that such Captain’s eligibility for
promotion will not become effective until the Captain’s one year anniversary date.

Q. The Training Division will be known as the Training/Safety Division.

Q.1. The Superintendent of Training/Safety shall be known as the Captain
of Traming/Safety. The Captain of Training/Safety will have the same duties and
responsibilities as that of the former Superintendent. The Captain of
Training/Safety shall be placed on the payroll grade and step grid at the grade and
step provided for Superintendents.

The employee holding the position of Captain Training/Safety, as defined in
this paragraph, may take promotional tests for line positions, based on his/her line
rank and service time prior to promotion to Lieutenant Training/Safety or Captain
Traming/Safety, whichever came first.

Q.2. This will be part of Emergency Services Group (Suppression)

Q.3. Four (4) Lieutenant positions shall be created and then filled per
Article 18, these positions are responsible for training, admmnistration,
documentation and coordination, as well as Emergency Scene Safety Officer.

Q.3.a. If the Board of Fire Commissioners does not fund the Lieutenant
positions set forth in paragraph Q.3. above, the Board of Fire Commissioners may
create and fund an “Assistant Superintendent” Position to be known as the
“Traming/Safety Lieutenant’, to be assigned to the “Traming/Safety Division”.
This Training/Safety Lieutenant shall work four (4) ten-hour days.

(O.3.a. above is from the sidebar agreement of 10/1/12)

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The employee holding the position of Lieutenant Training/Safety, as defined in this
paragraph, may take promotional tests for “line” positions based on his/her line
rank and service time prior to promotion to Lieutenant Training/Safety, as defined
in this paragraph.

Q.4. Training Superintendent, 4-10 hour days per week, Training /Safety
Lieutenant, 10/14 schedule.

Q.5. Traming/Safety Lieutenants instruct basic Fire Fighter evolutions.
Example: hose, ladders, SCBA, pumps, EMS etc.

Q.6. Training/Safety Lieutenants are available for Station Assignments as
per Article 36, Section C.

Q.7. Training/Safety Lieutenant positions are covered positions seven (7)
days per week twenty-four (24) hours per day, and will be part of officers’
overtime list.

Q.8. All Lieutenants promoted before July 1, 2003 are not transferable to
the Traiing/Safety Division under Article 4, they are however allowed to request
assignment in the Training Safety Position.

Q.9. As soon as practical all suppression officers will be given the State of
New Hampshire Fire Standards and Training, Incident Scene Safety Officer on
duty.

R. — Inorder to fill vacancies in the rank of Assistant Superintendent, a test
will be given. Employees who are currently third ranking specialists in that
division will be considered eligible to take the test. If only one Third Ranking
Specialist passes the test, he shall be promoted to Assistant Superintendent. In the
event that there is no third ranking specialist in that division, no third ranking
specialist passes the test, or no third ranking specialist chooses to test, then all
members of Nashua Fire Rescue who have completed one (1) year of service will
be eligible to take the exam. 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. Eligibility will be determined
as of the date the vacancy occurs. If no Third Ranking Specialist passes the exam
but, more than one other employee does pass the exam, then the current
promotional policy will be used to promote the Assistant Superintendent.

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S. In order to fill vacancies in the rank of Superintendent or Fire
Marshall a test will be given. Employees who are currently Assistant
Superintendents in that division will be considered eligible to take the test. In the
event that there are no Assistant Superintendents, no Assistant Superintendents
pass the exam, or no Assistant Superintendents choose to test, then current Third
Ranking Specialists in that division will be eligible to take a test for the position.
In the event that no Third Ranking Specialists exist, no Third Ranking Specialists
pass the exam, or no Third Ranking Specialists choose to test, then all members of
Nashua Fire Rescue who have completed one (1) year of service will be eligible to
take a test for the position. 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. Eligibility will be determined
as of the date the vacancy occurs. Ifsubsequent tests are, in fact, needed after the
initial test due to no candidates having passed the test, then, Assistant
Superintendents and Third Ranking Specialists from the division will remain
eligible to take those exams as they occur. If one (1) Assistant Superintendent
passes the examination on the first attempt, he/she will be given the appomtment.
If more than one employee passes an exam for the Superintendent position, the
current promotional policy will be used to promote one of the candidates.

Ifa Third Ranking Specialist takes and passes a test during this process, and
he is the only Third Ranking Specialist in the division, then he/she shall be
promoted to Assistant Superintendent if there is an opening in that position as a
result of this process.

S.1. For purposes of clarification in R and S above, “divisions” will include:
Traiming/Safety, Fire Alarm, Mechanical, and Fire Marshals. Additionally, the
rank of Superintendent will include the highest ranking position in the division,
Assistant Superintendent will include the 2" highest ranking position in the
division, and Third Ranking Specialist will include the 3" highest ranking position
in the division.

T. The Department will give good faith consideration pursuant to
previous arbitration decisions to the candidates presented pursuant to Paragraphs C
through J above. If all of the candidates presented are shown not to be qualified for
promotion, then the examinations may be given by the Fire Commissioners to
persons inside or outside the Department. Absolute preference under this paragraph
shall be given to those in the ranks in accordance with this Article 18 unless those
from the ranks are shown not to be qualified.

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U. — Any person demoted shall be notified in writing within twenty-four
hours as to the reasons for the demotion. Such notice shall first be given to the
employee involved and to the Union.

V. A job description will be completed for the position of Dispatch
Supervisor. When a vacancy arises in this classification, the posting for the
position will include the job description and the testing for the vacancy will be
based on the requirements of the position as described therein. Individuals
promoted to this position must meet all the position requirements within six (6)
months to fill the position.

W. The Fire Prevention Bureau shall be known as the Fire Marshall's
Office. The Superintendent of Fire Prevention shall be known as the Fire Marshall.
The Assistant Superintendents shall be known as Inspector/Investigators. The
Public Education Officer shall be known as Inspector/Public Education Officer.
The purpose of this paragraph is to reflect the title changes only and all other
conditions relating to these positions remain unchanged.

X. Non-fire suppression divisional employees, who have passed the
current fire fighter exam written and physical, shall be given preference by
seniority for interdivisional transfers to fire suppression in the event that a vacancy
occurs. All bargaining unit employees shall be given preference in the filling of
any interdivisional vacancy that may occur in any other division when the position
does not require an examination. Members in all cases pertaining to this section
shall have otherwise met the then current qualifications for said position as
established by the City of Nashua’s Board of Fire Commissioners, Fire Standard
and Traming Commissioners, and the New Hampshire Retirement System.

Y. In order to be eligible to be promoted to any rank or position,
employees must take a test for that position regardless of the number of employees
competing for the position.

Z. Oncea test has been posted, the promotional process that was in effect
on the date of the posting shall be the process that is used until the subsequent
promotional list expires or the eligible candidates on that list are exhausted.

AA. Upon signing of this contract, the union and the administration shall
establish a joint labor management committee to review the current promotional
processes. This committee shall have four (4) members from the union, (4)
members from admmistration and one (1) mutually agreed upon full voting

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member, whois not affiliated with either organization. The committee shall review
this Article 18, and propose changes to this Article to the Board of Fire
Commissioners and the Union. This committee shall be formed within 60 days of
signing and shall have a report for members to vote on by September 1, 2021.

Article 19 - GRIEVANCE PROCEDURE

A. _ Itshall be the purpose of this grievance procedure to settle grievances
between the City and the Union as expeditiously and fairly as possible. Any
difference as to the interpretation of this Agreement in tts application to a
particular situation, or as to whether it has been observed and performed, shall be a
grievance under this Agreement and the parties shall observe the following
procedure for the adjustment and settlement of such grievance.

Step I:
Within thirty (30) days of when the grievant knew or should have known of the act
or condition on which the grievance is based, the grievance shall be reduced to
writing, signed by the employee and the Union, and presented to the Deputy Chief
or Division Supervisor. Ifthe grievance is not settled within seven (7) workdays of
its receipt by the Deputy Chief or division supervisor, then

Step I:
The Union may take the matter up with the Chief by submitting to him a written
copy of the grievance together with such other evidence as it wishes him to
consider. The Chief shall have fourteen (14) calendar days within which to render
a written decision to the Union. If the Union does not receive a reply from the
Chief within fourteen (14) calendar days or if it is not satisfied with the decision of
the Chief, the Union may file a written request with the Chief, receipt required, to
have the grievance considered by the Fire Commission. Once the request 1s filed,
authorized Union personnel and members of the Commission may communicate
with each other about the grievance both outside of and at the regularly scheduled
Commission meeting. All requests received no later than 5:00 PM on the
Wednesday next preceding a regularly scheduled meeting of the Commission,
together with a copy of the grievance, a copy of any written evidence submitted by
the Union, and a copy of the Chief's decision, will be included on the agenda of the
Commission for that meeting. All requests recetved subsequent to 5:00 PM of the
Wednesday next preceding a regularly scheduled meeting of the Commission will
be included, with the above additional information, on the agenda for the next

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regularly scheduled meeting. Once the request is placed on the agenda for a
regularly scheduled meeting of the Commission, then

Step HI:
The Fire Commission shall, at their next regularly scheduled meeting, consider the
grievance and within ten (10) working days of the said meeting, notify the Union
in writing of their disposition of the grievance. In the event the employee and the
Union are not in accord with the disposition by the Commission, then

Step IV:

Within thirty (30) days of the documented receipt of the Commissioners ruling by
the Union, either the Union or the City will have the option of submitting any
remaining disagreement over the interpretation or application of a specific
provision of this Agreement, settled by arbitration. The parties agree to submit
such grievances to the Public Employee Labor Relations Board and to abide by the
rules and procedures set forth by said Board, or may submit them to a different
arbitrator agreed by the parties. Determinations and decisions set forth by said
arbitrator shall be final and binding upon the parties. Each party to the arbitration
shall assume its own expenses and an equal share of the expenses of the arbitrator.
The Demand for Arbitration must be postmarked within thirty (30) days of the
documented receipt of the Commissioners ruling by the Union.

B. — The times for taking action stated above may be extended by mutual
consent in writing, but all the steps of this procedure shall be handled as
expeditiously as possible with a view to promoting and maintaining complete
harmony. Request of either party for extensions of time shall not be unreasonably
denied.

C. No decision under this grievance procedure by a bargaining unit
member acting as a hearing officer because of his or her position as Division
Supervisor shall be binding on the City.

Article 20 - PAID HOLIDAYS

A. | Employees on or off duty who qualify shall be paid one-fourth (1/4)
of the qualified employee’s weekly pay. The paid holidays are as follows:

New Year's Day Martin Luther King Day

Presidents Day The fourth Monday tn April
Memorial Day Flag Day

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Independence Day Labor Day
Columbus Day Veteran’s Daty
Thanksgiving Day Christmas Day

Employees shall not receive an additional day off on account of a holiday
whether or not they are scheduled to work on the paid holiday.

B. | Employees will be eligible for and will receive pay at their straight
time rate for holidays after the first thirty (30) calendar days of employment.

C. In order to qualify for holiday pay, employees who are off duty on the
day of the holiday must work the last scheduled duty day prior to the holiday and
the first scheduled duty day subsequent to the holiday or have been absent on
authorized sick leave on either or both of these days. Employees on disciplinary
leave are not eligible for holiday pay for holidays occurring during those leaves.

D. _ If one of the above paid holidays falls during an eligible employee's
vacation period, he/she will receive holiday pay.

E. In the case of specialists working four ten hour days, on a week in
which a paid holiday falls, schedule will be arranged by mutual agreement:

a. All specialists shall take the holiday on the day it falls.
Article 21 - PAID VACATIONS
A. | Employees covered by this agreement who have been employed by

the City for at least one (1) year on an uninterrupted basis except by reason of
layoff or approved leave of absence, shall recetve vacation with pay as follows:

After one (1) year of service ------------ Two weeks
After four (4) years of service ---------- Three weeks
After nine (9) years of service ---------- Four weeks
After fifteen (15) years of service ------ Five weeks

Effective January 1, 2017 all employees shall receive their vacation accrual
per past practice, and as set forth above, which time shall be considered earned and
available for use.

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Effective January 15, 2017 and on the 15" of each month thereafter, the

monthly accruals set forth below shall be credited to each employee.

Vacation accrual for 2184 personnel

After one (1) year of service ------------ Two weeks (8 hours monthly)
After four (4) years of service --------- Three weeks (12 hours monthly)
After nine (9) years of service ---------- Four weeks (16 hours monthly)

After fifteen (15) years of service ------ Five weeks (20 hours monthly)

Vacation accrual for 2080 personnel

After one (1) year of service ------- Two weeks (6.6666 hours monthly )

After four (4) years of service ------ Three weeks (10 hours monthly)
After nine (9) years of service ---Four weeks (13.3333 hours monthly)
After fifteen (15) years of service- Five weeks (16.6666 hours monthly)

Effective 1/1/2000:

After eighteen (18) years of service----------- One duty shift per year up to a
total of four additional duty shifts.
Effective January 15, 2017:

After eighteen (18) years of service----------- One duty shift per year up to a
total of four additional duty shifts. Additional duty shifts will be added in as “1
shift” on January 15'" preceding the employee’s anniversary date.

No member shall have more than two (2) times their yearly accrual on their
anniversary date.

B.

Vacation periods will be set up on a work cycle or daily basis.

Employees shall have the option of:

1.

Splitting their first two weeks of vacation, choosing the first week

with their first selection opportunity and their second week with their second
selection opportunity, as per Paragraph C, below. The total number of hours
absent under this option shall not exceed 96 hours.

2.

Selecting their first two weeks together additional weeks shall be

chosen one at a time, as per Paragraph C, below.

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3. Selecting vacation on a daily basis.

C. Platoon seniority shall be the ruling factor in the choice of vacation
dates, and the following shall apply as of April 1, annually:

1. | No more than 11 (eleven) Fire Privates from each platoon may be on
vacation at any one time.

2. No more than 4 (four) Fire Officers from each platoon may be on
vacation at any one time.

3. These limitations include employees taking day-at-a-time vacation.
However day-at-a-time vacation is to be allowed on a “first come first serve"
basis.

D. Chosen vacation dates will not be changed unless agreed to by the
employee involved. Employees transferred to different shift or division shall
declare their vacation schedule with valid dates to the new schedule.

E. Vacation payment will not be made to any employee whose
resignation or discharge from the Department is effective prior to his/her scheduled
vacation accrual date (the day after his anniversary date after one year of service).

F. In the event of an employee's death while in service, his/her
accumulated vacation pay pro-rated to the date of death shall be paid to the
surviving spouse. If no spouse survives the employee, this payment shall be paid to
the surviving children through the legal admmistrator of the estate of the deceased.
If no spouse or children survive, the vacation pay will be paid to the surviving
children through the legal administration of the estate of the deceased.

G. An employee may be permitted to borrow leave against upcoming
accrual within the same calendar year for purposes of being able to take scheduled
weekly vacations only. The maximum amount that may be borrowed is not to
exceed the maximum annual accrual as set forth above. The employee's leave
balance shall be charged at time of accrual, or at any other time that a positive
balance is present, until the borrowed leave is repaid. In the event of the
employee's resignation, discharge, retirement or death, any funds owed to the
employees or to be paid on his account, shall be decreased by the value of
borrowed vacation leave that is yet to be repaid.

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