Search

M. Promotions shall be made within forty-five (45) days of the vacancy
from the names on the promotionallists. Regardless of vacancies, a promotional
list for the Lieutenant, Captain and Deputy Chief ranks will be formulated by May
lst and stand for twenty-four months or until depleted. Promotions from these
promotional lists will be made as vacancies in the applicable ranks occur. When a
vacancy occurs, the Fire Commissioners shall, except as provided below, offer the
candidate ranked first on the appropriate promotional list the first vacancy and so
on until the list is exhausted or expires. The Fire Commissioners may skip over
candidates on the promotional lists for suspensions imposed within three (3) years
of the promotional opportunities. The Fire Commissioners may skip over
candidates on the promotional lists for written warnings imposed within six (6)
months of promotional opportunities, except that candidates for Deputy Chief
vacancies shall be skipped over no more than one (1) time; candidates for Captain
vacancies shall not be skipped over more than two (2) times; and, candidates for
Lieutenant vacancies shall not be skipped over more than three (3) times. The
candidate’s name will remain on the list and will be reconsidered each time a
vacancy occurs subject to the Fire Commissioners’ right to skip over the candidate
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 pomts 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 asa 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 whicha 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 Lieutenantand 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.

27

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 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.

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 andas of the date the vacancy occurs for
the tests under ParagraphH 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
eligibility for promotion becomes effective on the Lieutenant’s anniversary date of
two (2) years as Lieutenant.

P. For the rank of Deputy Chief, anapplicant 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, andas of the datethe vacancy occurs for the tests
under Paragraph Gabove. 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 yearanniversary 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 Training/Safety. The Captain of Training/Safety will have the same duties and
responsibilities as that of the former Superintendent. The Captain of
Traming/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 Traming/Safety or Captain
Training/Safety, whichever came first.

28

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, administration,
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
“Training/Safety Lieutenant’, to be assigned to the “Training/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)

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

Q.6. Traiming/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 Training/Safety Division under Article 4, they are however allowed to request
assignment in the Training Safety Position.

Q.9. Assoonas practicalall suppression officers will be given the State of

New Hampshire Fire Standards and Training, Incident Scene Safety Officer on
duty.

29

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 Land 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.

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 land Fire Investigator certifications. Eligibility will be determined
as of the date the vacancy occurs. If subsequent 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 appointment.
If more than one employee passes an exam for the Supermtendent 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.

30

S.1. For purposes of clarification in R and S above, “divisions” will include:
Training/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 presentedare shown not to be qualified for
promotion, then the examinations may be given by the Fire Commissioners to
persons inside or outside the Department. A bsolute 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.

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 mvolved and to the Union.

V. A-pesitien deseription questionnaire job description will be completed
for the position of Dispatcher+Clerrainer Supervisor. Whena vacancy arises in
this classification, the posting for the position will include the-pesitien-deseription:
questionnaire 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. Lacks mdpadua ey J aye

W. The Fire Prevention Bureau shall be known as the Fire Marshall's
Office. The Superintendent of Fire Prevention shall be knownas 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 thata 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

31

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 Training 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. Uponsigning 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 administration and one (1) mutually agreed upon full voting
member, who is not affiliated with either organization. The committee shallreview
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 its application to a
particular situation, or as to whether it has been observedand 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 L
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. If the grievance is not settled within seven (7) workdays of
its receipt by the Deputy Chief or division supervisor, then

32

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 1s 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 personneland 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 witha copy of the grievance, a copy of any written evidencesubmitted by
the Union, anda copy of the Chief's decision, will be included on the agenda of the
Commission for that meeting. Allrequests received 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
regularly scheduled meeting. Once the request is placed on the agenda for a
regularly scheduled meeting of the Commission, then

Step HOI
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. Inthe 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.

33

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 in April
Memorial Day Flag Day

Independence Day Labor Day

Columbus Day AHeaalreneenpatleetes bass
Veteran's Day 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.

34

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 receive 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 setforth above, which time shall be considered earnedand
available for use.

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 ------------ Twoweeks (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:

35

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

After eighteen (18) years of service----------- One duty shift per year up toa
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.

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. | Nomore 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 ona “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.

36