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lev2023 ~ July 1, 2022 through June 30, 2023 | APPENDIX D lax ONE-TIME _INGRADES FOR 10 NOT_15 | 2.00%

2080 Hours not 10 not 15 not 20
ntendent of Fleet 704 705 706
781 761 789
ntendent of Fleet - Certified 1 814 815 816
250
ntendent of Fleet - Certified 2 824 825 826
768 789
ntendent of Fleet - Certified 3 834 835 836
262 447
Certified 1 EMS certification appropriate to date of hire and
Hazardous Material Awareness, Operations and
Decon
Certified 2 ASE Truck Technician
Certified 3 Certified 1 and Certified 2

2080 Hours

ntendent of Fleet

ntendent of Fleet - Certified 1

ntendent of Fleet - Certified 2

ntendent of Fleet - Certified 3

Certified 1 EMS certification appropriate to date of hire and
Hazardous Material Awareness, Operations and
Decon

Certified 2 ASE Truck Technician

Certified 3 Certified 1 and Certified 2

97

Iry2023 - July 1, 2022 through June 30, 2023 |

Probation

2080 Hours Probation
3rd Rank 300 301
17
- Certified 1 410
481
- Certified 2 420
- Certified 3 430
433
Certified 1 EMS certification appropriate to date ofhire and
Hazardous Mater ial Awareness, Operations and
Decon
Certified 2 ASE Truck Technician
Certified 3 Certified 1 and Certified 2

APPENDX D

98

b% ONE-TIME INGRADES FOR 10 NOT 15

not 10

708
434
751

304

414

424

not 15

305

415

425

not 20

306

416

426

2.00%

APPENDIX E

HAZMAT TEAM FLOW CHART

When a vacancy occurs on the HAZMAT “A Team” all current “B Team” members will be offered the
position. If no “B Team” members wish to move to the “A Team” the senior “B Team” member who is

NOT signed in to a permanent station assignment will be assigned to the “A Team”

If all “B Team” members are signed into a permanent station assignment then the senior unassigned

trained HAZMAT technician (AKA. C Team) will be assigned to the “A Team”

If there are no “C Team” members and no unassigned “B Team” members than the JUNIOR signed in “B
Team” member will be assigned to the “A Team”

*Signed in drivers of Engine and Ladder Companies, and the Shift Management Technician will be exempt
and may not be involuntarily re assigned. *

“A Team”
Opening

Offer spot to
current “B
Team”
members

“BTean”
member

accepts

No “B Team”
members

accept

1. Senior
unassigned
“B Team”

member

2. Senior
unassigned
“C Team”

member

3, Junior
signed in “B
Team”
member

“A Team”
Assignment

99

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, 2019 -- JUNE 30, 2023

INDEX
ARTICLE # PAGE #

1 - PULPOSES 00 ccc tt tt enn etn eee eee te teeeeeeeeeeeeee set eeenetiniennes 1

2 - Bargaining Unit and Exclusions........0....00 ccc eccceeecee en teeeeeeeetteeeeees 1

3 - Union Secu itty 0... eee ee eee e bce b iit tti tt eteteeteeeeeeeneney 2

4 - Management Rights .........00.00.cccccccccee cece sects eetteeeeeeeetsteeeeeeeenttteeeeees 2

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

6 - Indemnification .........00 000i eee ee eee bet ebbetttttttees 3

7 - Union Business 2.0.0.0... 0000 e eee cece eee b cect tae teteeteeeeetenened 4

8 - Negotiations 00.0000 eee e bebe ben c bi btnteateaeeteeeeeeeneney 4

9 - Disciplinary Procedures ............. 0.0. cccceec cee eeeeeeeeeeteeeeeeeetetaeeeeeees 4
10 - Union Dues... eee eee c bbb bb tt et ateteeteeteeeenened 6
11 - Protection of City Property and Equipment ......0.000000000. eee 6
12 - Safety and Health ........ 0.0 te tte tee teeteeee teenie 6
13 - SS) 0 oh er cee 9
14 - Hours of Duty 2.000.000 eee beeen e eee cnt tint tseatteeeeeeeeeeeeney 12
15 - OVErthMe 22... eee ede EEE eee bebo cb btbtitttttdaaeates 14
16 - SOMO IY oo eee Ee EEE Ee eee bob bob bbb tb tet natatteeeeeeeeees 20
17 - Personnel Reductions and Recall ............0.0occccccecccecteteeseeeeeeeeeeeenes 21
18 - Appointments, Promotions and Demotions ...................0:cceeeeeeeeeees 22
19 - Grievance Procedure 0.0000... cece eee eee eee ceb eb cbttttttaeatees 32
20 - Paid Holidays 2.00.00... cece eect eee eee b cece cet bibtetteeaeaeeeeeeeeeeees 33
21 - Paid Vacations 2.0.0.0... cece ee cee eee bebe eee ceb ttt teeaeteeseeeeeeeee 34
22 - Paid Sick and Injury Leave .......00.0.. occ e teste teeeeeeeney 38
23 - Bereavement Leave.........00.0...cc ccc cece cece eee ee eee eee tebeeeeee see aeaeeeeeteenee ie 44
24 - Personal Leave... eee eee e eee c cece cbt teeseteaeeeeeeeeeey 44
24A- Extended Leaves of Absence... ccc cect tects ese teeeeeeeeeeny 45
25 - Longevity Bonus Pay ............0.c ccc cece cece cece cece et ctt tent eteteeeeeseeeeeey 46
26 - Clothing Allowance ...0.0..000. 0c ccc eset eee e eect eb bebcitttttttteataes 46
27 - LOd BIN oo eee EEE eee ee ee cob cnt bbb ttaataeaeeeeeeeeee 48
28 - Military Duty Pay 2.0.0.0... eee eect cece cbt ttt eteteeeeeeeeeeny 48
29 - Jury Duty Pay... cece cece eee eect e niece cette teas eee eeeeeeseaneeeeeeeees 48
30 - Pension and Retirement 2.00.00... eect ttt ete tteeeeeeeeeney 49
31 - Educational Assistance .........00.00000 ccc cece cece cet ebt ttt eteteeeeeeeeeenes 49
32 - TNSUTANCE 20 eee cece cece eect eee eee eect ened eee eee seeded eeeeeeeeaaanneeeeeeees 50
33 - Mileage 20... eee eee Eee eee b ob bob bbb ttt tesaaeaeeeeeeeeeed 54
34 - Working Out of Classification 20.00.0000. ccc e cece ee eee eeeeeeeeeettteeeeees 54
35 - Bulletin Boards ............0000cc cece cece cee cee eect cet cet ct tbe tseeeaeseeeeeeeeeey 55
36 - ASSIQNME NHS 2000... eee eee bebe tt ee ttt te tte tee tenets 55

37- ReSIdeney 00... e ee ee eee b eb bbb tb cbt taatteeeeeeeeeeee 63

38 - Savings Clause... cece ec ee eee c eb cbn bette tteataeeeeeeeeeeees 63
39 - Duration and Effect .......0.000 occ e cece ce cee ete tee seeeetetseteeeeeetteeeeees 64
Appendix A — FY 2020.02.00... 0c ccc cece cece nent eee bende centre eee ee ens 66

Appendix B-—FY 2021.....0.0.0 0.0.00 ccc cee eee nett tebe betes 74

Appendix C — FY 2022.00.00... ce tebe tne tne tee ee eee eees 82
Appendix D— FY 2023....0..0..0. occ cece cece e cee e bende tnt ee eee tees 90
Appendix E— Hazmat Team Flow Chart.......0..00. 00.00. cc cece cece ene eee cena 98

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

This is an agreement made this day of , 2020, 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 affilation, 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

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.

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 1s 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:

Verbal warning

Written warning
Suspension without pay
Discharge

BwWNS>

The City may deviate from the order above when the occasion or severity of
the offense warrants. In the event of suspension, demotion, or discharge, or any
other disciplinary action the reasons for the action taken will be given in writing to
the employee and the Union within 24 hours.

B. _ It is specifically agreed that any employee may be discharged for
reporting to work under the influence of intoxicating liquor or illegal substances,
becoming under the influence of intoxicating liquor or illegal substances while on
the job, or offenses involving moral turpitude. A sobriety test and/or the
appropriate testing for substance abuse is mandatory and any employee who
refuses such test(s) may be discharged at the option of the Department.

If any invasive test: blood, urine, breath or other test is used, a split sample
will be provided and the complete test results, procedures and chain of custody will
be made available to the Union and the employee within twenty-four (24) hours of
receipt.

C. Any employee disciplined or discharged shall, except in cases
involving conviction of a felony during the term of this agreement, be entitled to
the provisions of the Grievance Procedure under Article 19, and will be allowed a
representative of his or her choosing. If requested in writing by the employee, a
hearing must be held by the Fire Commission within seven (7) calendar days of the
disciplinary action or discharge.

D. — Provided that the employee has had no recurrence of discipline within
the specified period, verbal warnings will be removed from the verbal warning file
after six (6) months, and written warnings will be removed from the employee's
personnel file after twelve (12) months upon the employee’s written request.
Records pertaining to suspension shall be removed from the employee’s personnel
file after sixty (60) months upon the employee’s written request. The parties agree
that the warnings as well as the employee’s request shall be removed from the file
and returned to the employee within thirty (30) days of the request. The prior
unexpired discipline is carried during the period of any subsequent equal or greater
discipline.