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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 is 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 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 OT:
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.

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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 RetesedEeonitestel Election Deee
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.

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.

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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 set forth above, which time shall be considered earned and
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 ------------ 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:

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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.

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.

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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 administrator 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.

H. Employees who earn leave may utilize such leave on a "day at a time"
basis, subject to the following requirements:

1. Employees assigned to Specialist Divisions, Dispatchers, and
employees assigned to the Training/Safety Division request the use of a "day
at a time" leave from the Deputy Chief or Division Supervisor at least one
hour before the start of his/her scheduled work shift. Fire Line employees,
shall request the use of “day at a time” leave from the Deputy Chief by 0700
hrs on the date they wish to use the leave. The Deputy Chief or Division
Supervisor shall grant such day-at-a-time leave requests up to the maximum
number of employees permitted to be on vacation as set forth in subsection
C, above. This cap may be exceeded with the approval of the Chief or
Assistant Chief in their sole discretion, and without obligation to consent.
The City may require the use of slips or other devices in order to facilitate
administration of "day at a time" leave and employees shall cooperate in the
use thereof.

2. "Day at a time” leave shall not be taken on the following shifts:

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July 4 — day or night;
December 24 — day or night;
December 25 — day or night;
Thanksgiving — day or night;
December 31 — night.

3. "Day at a time" leave requests will be considered on a first
come, first serve basis, providing that any employee who requests a "day at a
time" leave at least fourteen (14) days in advance of the time to be taken,
may not have that leave day superseded by any other grant of leave within
that fourteen (14) day period. Prior to such fourteen (14) day period, a "day
at a time" leave request may be superseded by a request for a vacation by the
week. Any provision in this Agreement pertinent to seniority, time and
service preferences or rank shall not pertain to otherwise eligible "day at a
time" leave requests.

I. No vacation may be taken or scheduled, either "day at a time” or
regular, on December 24 or 25.

J. In the Specialists division, the following shall apply:

1. At no time in any division shall the division supervisor and the
senior assistant to the division supervisor take the same vacation period
without the permission of the Chief of the Department.

2. In the Mechanical, Training Divisions, and Fire Alarm only one
employee shall be eligible for each vacation period.

3. In the Fire Marshall's Office, only two employees shall be
eligible for each vacation period.

4, In the Dispatchers Division only two (2) dispatchers in any
vacation period.

Kk. Upon the retirement or death of an employee he/she shall be paid all
accumulated vacation leave including a pro-rata accrual on a monthly basis for
time worked past his/her anniversary date. The employee must work until at least
the 15" of the month in question to be included in the pro-rata calculation.

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Article 22 - PAID SICK AND INJURY LEAVE

A.G+ Effectrve tubt.2005—sSick leave will be accrued at the rate of

ten (10) hours per month up to a maximum accrual of seven hundred twenty (720)
hours allowed. Sick leave does not accrue during disciplinary suspension. Sick
leave taken shall be charged against hours accumulated on the basis of the actual
number of hours the employee is absent during scheduled duty hours. Effective
upon signing of this Agreement, sick leave will no longer have a maximum accrual
of seven hundred twenty (720) hours. However, payment of sick leave upon
retirement or death as described in Article 22, I and J will never exceed seven
hundred twenty (720) hours: any remaining sick leave hours over that amount upon
retirement or death will go into the sick leave bank described in Article 22, K.

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| . In the event of a prolonged absence because of illness in excess of
thirty (30) calendar days, sick leave accumulation will be allowed only for the first
thirty (30) days of such an absence. There will be no accumulation of sick leave
during absences covered by the Sick Bank.

| . Sick leave will be used only for the personal injury or illness of the
employees, not contracted in the line of duty, provided such sickness or injury is
not incurred as the result of day-off work in which case no sick leave will be paid.
In the case of sickness or injury incurred as the result of working for another
employer, the employee shall receive no sick leave with pay.

| .1. An employee may use a maximum of 80.64 hours per year for the care
of the illness of a family member who resides in the immediate household. The
usage of sick leave in this instance may not necessarily be covered by the Family
Medical Leave Act (FMLA). Employees utilizing sick leave under this paragraph
who are unable to perform their duties for more than two (2) consecutive duty
shifts shall furnish to the Chief of the Department a certificate from a physician
stating that the nature of the family member’s illness required the employee’s
absence from work.

At the discretion of the Chief or designee, an employee who meets the
criteria set forth in the Family Medical Leave Act of 1993 may use all of his/her
accrued sick leave while on FMLA.

| . Any employee not able to report to work because of illness must
notify the Deputy Chief on duty at least one (1) hour before scheduled to report for
work. Any member of the Department classified as a Fire Private, Fire Lieutenant
or Fire Captain, who is unable to perform his/her duties because of illness for more
than two (2) duty shifts, and members of the Department classified as Dispatchers,
Assistant Superintendents, Superintendents, Fire Marshall, Inspector/ Investigator,
Inspector/Public Education Officer and third ranking specialists who are unable to
perform their duties because of illness for more than two (2) duty shifts shall
furnish to the Chief of the Department a certificate from a physician stating the
nature, cause and extent of the illness and a clearance to return to work. No less
than twelve (12) hours prior to the return to duty of the members of any grade from
leaves of absence because of illness shall report such return to the Deputy Chief on
duty, by telephone or otherwise, who shall report to the Chief of the Department.

| . If an employee incurs injury on the job, he/she will be sent at once to
a hospital if in the judgment of his/her immediate supervisor such action is

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required to determine the extent of the injury. The injured employee who is sent to
a hospital, as provided above, will obtain a certificate from the doctor indicating
the extent of the injury and the date by which the employee can be expected to be
able to return to work. This certificate is to be provided to the Deputy Chief or
Superintendent, depending on work group.

Any member of the Nashua Fire Rescue who is temporarily unable to
perform his/her duties as the result of personal injury or illness contracted in the
discharge of his/her duties shall so inform the Nashua Fire Rescue on the day of
the injury on the required forms or as soon as the employee is aware of the injury
or illness, and shall also comply with the State's Worker's Compensation Law.
Upon qualification for worker's compensation benefits, the injured or ill employee
shall be entitled to full pay during such disability under this Paragraph up toa
maximum of twenty-six (26) weeks, commencing with the date of injury or illness
for which worker's compensation benefits are paid. For this purpose, full pay shall
be computed as follows: the weekly compensation allowance as determined by the
worker's compensation law plus a weekly allowance paid by the City by means of
the Department payroll -- the City's share to be an amount representing the
difference between a member's regular full weekly salary and the amount paid
under worker's compensation. With medical certification of continuing total
disability which is not in conflict with the rulings of the worker's compensation
specialist, differential pay to the amount of 3/4 of the regular full salary computed
as specified above shall be continued for up to a maximum of an additional twenty-
six (26) weeks (with a minimum total payment of approved worker's compensation
payments combined with City differential pay accounting to 3/4 of the maximum
of such regular full salary applicable to Senior Privates/Senior Dispatchers). Such
occupational sickness or disability shall not be charged to the accrued sick leave of
the employee. The payment of the benefits under this Paragraph shall be so
administered as to allow the benefited employee(s) the maximum tax relief
permitted under the United States Internal Revenue Code.

The City shall pay under Workers Compensation coverage, the
hospital, medical and surgical expenses incurred by any employee who 1s injured

in the performance of his/her duties.

No accumulated sick leave shall be paid to any employee who resigns
or is discharged from the Department.

In the event of an employee's death while in service, his/her
accumulated sick leave

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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 administrator of
the estate of the deceased. If no spouse or children survive, the sick leave is
cancelled and no payment shall be made.

Whenever an employee retires, he/she shall receive his/her accrued
sick leave pay in a lump
sum at the rate of pay in effect at the date of retirement.

. Any member of the bargaining unit may contribute eight (8) hours of
his/her sick leave to a sick leave bank by July 31 of each contract year.
Contributing members may apply for withdrawal from the sick leave bank upon
depletion of accumulated sick leave for reasons of prolonged or continuing illness
or incapacitating accident. The total amount of accumulations in the bank as of
July 1, 1983, is agreed to be 7910 hours. Henceforth, the total number of
accumulated hours in the bank shall not exceed 58 hours times the number of
eligible members in the bargaining unit. Withdrawals from the bank shall be
charged against the total number of hours in the bank on the basis of the number of
actual hours the employee is absent during scheduled duty hours. The operation of
the bank and withdrawals therefrom shall be carried out by a committee of two (2)
members of the bargaining unit, and one (1) administrator selected by the Chief.
The committee shall establish its rules and regulations and shall require
documentation from a physician supporting the request for sick leave bank
withdrawals. The committee shall furnish written records of deposits, withdrawals
and documentation to the Chief and to the City Human Resource Department.
Records of deposits shall be furnished no later than August 30th of each year. In all
cases, the decisions rendered by the committee shall be final and binding,
provided, however, that specific provisions of this Paragraph cannot be
superseded by any rules or regulations of the sick leave bank committee. All
decisions of the committee shall be in accordance with its rules and regulations.
The provisions of this Article shall govern all sick leave bank entitlements.
Notwithstanding any provision of this Paragraph to the contrary, after using up
all his own sick leave accrual and vacation (according to Sick Leave Bank Rules),
accrual no employee shall be able to withdraw more than eighteen months of sick
leave from the sick leave bank for any one sickness or injury without the prior
approval of the Fire Commissioners, to whom the employee may appeal.
Additional contributions of eight (8) hours of a member’s sick leave may be made
by members in the event that the total accumulated hours in the sick leave bank fall
below four hundred twenty (420) hours

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