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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 in to 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

“B Team” No “B Team”
member members
accepts accept

1. Senior 2. Senior 3. Junior
unassigned unassigned signed in “B
“B Team” “C Team” Team”

member member member

“A Team”
Assignment

98

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 «0... seeeeeseeeseeseesesseenseerenseveeeeseareauesaerensareenasseseenesseeedsereenssdsenesensenes 1

2 - Bargaining Unit and Exclusions 200... ccccceesessreesreererseereeeseeeteserseesesnerse l

3 - Union Security ccc ccecececceeesceeneeteeetseeseenesseenaceceestaceseeteaeeesaeesseneaesenestaetes 2

4 - Management Rights ............:ccescesssseeessesenssrnsessesseesreeseadsrstsesrssedtvereeseesens 2

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

6 - Indemnification 0... cc cecccccecceeeeseeseeeeeseeeneneneeeneecseceesaeeeeesceneeseraesarensens 3

7 - Union Business ........:ccesceccsscesceenceteceteaeeeanerseesneeseeneaaeesateseesneesenesseennestnenes 4

8 - NGG OtiatiOns .........cccssseesssersseseeseereeeteseseessereneee senses eessereneadersaseaeraaneateoeees 4

9 - Disciplinary Procedures .........ceecceseseessseeeeeeetsenseescserenseeseeseenseaeesneasesseneees 4
10 - Union Dues ....eeeceeececseecsenceseensereeeeeereeeneeceeseaeeeeeseateesaeeseeseasensseseeseaeeeeess 6
li - Protection of City Property and Equipment... ce ceeesseeeeseeteeeerees 6
12 - Safety and Health... eesesssessessercersssteesnssrsnsctssesnseesessessenseedcessasreasenes 6
13 - Salaries oo... cccssssseeseseceeeeeetesseeseersaeseesesasenteeneespeseensecaesersesteespeseensentesspereen 9
14 - Hours Of Duty occ ccccecsesceceesnecseeeeseeeeesceeseeeeaeeeesessessesseteessenseetenestesaees 12
15 - OVETTIING oo eecesstesseseeseesseeecseetseeseateaeeease cseetnesesaeeaseesatesseeenessetearereaesenetes 14
16 - SOMIOTILY occ ccseeseeeeseeseeeeseevesseveseesseeseseseeeseseseesecseennsereeeseateeeseseeneateeetey 20
17 - Personnel Reductions and Recall... ese ceeseerseereereenreeretsereeeseeeretens 21
18 - Appointments, Promotions and Demotions 00.0.0... ccs seeereseeesreetees 21
19 - Grievance Procedure .......ccccecccseessceteeetsereeaeeeseesseetenesaeteaeseeeenaeseaeeeneersnes 31
20 - Paid Holidays ..........ccccsscsscseesssreecessensceaceeeseeseeesesseenseaenenneaseaeseaseateasseateed 33
21 - Paid Vacations .......cccesccssessccsesceetseceetsneeeesenevessersvessneeraessesvedsaesveteatonesens 34
22 - Paid Sick and Injury Leave wo... ccccecsesseneeeesseeeeteeeeeseeeeeeeeaneeetentenesatetees 38
23 - Bereavement Leave........csccecsesceecenseseeceseeescesseeteceseaeceesseasensseseasseasentnetsaes 43
24 - Personal Leave .......cccsccssscessseecessececarsesseecssteersstestaeesteeeesteseendserensseesaaeey 44
24A- Extended Leaves of ADSCNCO wo... ee eecetesteeteeeteetsesresanerseaaeseeeseeteeeasens 45
25 - Longevity Bonus Pay ......ccccecccssetscessesscersccreessesseenterseenseereeseeeesaeseersaeee AS
26 - Clothing ALOWance ..... eee eeeseeseereererseessneesscnessestensessanesseaveaseasenesasees 46
27 - LOA GING... eee cceetecteeseeseesseseeseeeetessnatscerensscsseesensseeesesseresentseasarraessesnensesie® 47
28 - Military Duty Pay oe. reeeeeeeeeeneeseeeeesteeesesseeeastenssesenesssuseeseenoes 48
29 - Jury Duty Pay... cscescsteecesceseseensctseersereeetssteenesereserseseseesereeenesteseneeses 48
30 - Pension and Retirement ............cceccsseeeeeseeessesceeeesesceenecseeeesersenecseenesesaees 48
31 - Educational Assistance .........c:cccsccssecsecescrseeesesscensesesvesssesresenesvenearesasensonss 48
32 - INSULANICE osc cceesescscesssessecesssscascscesucreeseessesseesseesesssseedeateeeseaesnadeseoeaseneeaes 49
33 - Mileage ......ccecsecessccstserseesseeseesevessessenssascceuessseensecsssnnsecseeneasseesesseunasreets 52
34 - Working Out of Classification... ci eeseescsceeescessseecesstecsastecseaneesssarneges 53
35 - Bulletin Boards ........cccccccssseessseeeesesseeeeseeesecseseneeseeraneeseeceeseeseerseneeserenes 53
36 - ASSIQTIMENIS ...... cece escesseeeeeeeeneeeeeeesereecsastenssnseeanseesensesesssenseuseneeeseaeaereees 54

37 - ReSIMONCY oo. ee ee ceeccccscecensceeeeseeeeteesenseeeesetaeesesacesenseesnssscaesaeaseateessensesstsneeessans 61

38 - Savings Clause oo... eee sceseeeseeseeeseceeeeseeseeeaeesseeeeceeeeeesaeeeeesaeeeeesseeceesateeenaeeaeees 62
39 - Duration and Effect... ccc ccccsccerseeceerseeseerseeseecessersersecsessseensersenaeressereesenrees 62
Appendix A — FY 2020.00... cece cece cece rere reteereere eee eee net et ernie eas 64
Appendix B— FY 2021.0... ccc cere ne een E EEE EEE EEE Eee 72
Appendix C— FY 2022.0... ccc cece ee reenter eerie eee ee enn er etnn ee nene nets 80
Appendix D — FY 2023.00... cece cece eee ieee nee e eee reece setae near et enter eas 88
Appendix E — Hazmat Team Flow Chatt............ccccseeceece eee see cent seen es eteeeee renee 96

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 affiliation, 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

bh

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.

Proposal for

OTL aYAoy mm (eljalere

December 21, 2021

Prepared by

Michael Jenkins
M +1.508.686.6567
raaltelate(= ei (cial dracw- sue) (relanexeceyan

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 is 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: