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If a probationary employee resigns, is laid-off, or is discharged any time
before completing his probationary period not exceeding one (1) year, he
shall lose all accrued vacation time.

During an unpaid leave of absence, an employee does not earn any
vacation time.

A vacation balance of not more than two times the annual accrual can be
earned by the member’s “anniversary date.” On the “anniversary date,”
should the vacation balance be over the two times maximum accrual, the
balance will be decreased to two times the annual accrual. The employee
will then be allowed to accrue vacation for that month and the following
months up to the “anniversary date”,

Requesting use of vacation time:

A.

Employees must complete six months of continuous service before taking
any accrued vacation time unless otherwise designated in this Article.

Employees will have the appropriate time accrued before use of vacation
time is approved. An employee may be allowed to take vacation time if it
has not yet been accrued if authorized by the Chief of Police or designee.

Requests for the use of vacation shall be in 5-day (40 hours, 37 1/2 hours
or 35 hours per week) blocks.

Employees are allowed to use vacation in one- or half-day or one (1) hour
increments of vacation leave at a time only upon approval of their bureau
commander or designee.

Employees may use partial vacation days in any increment for payment of
time used for valid FMLA incidents.

Except as approved by the Chief of Police or designee, employees cannot
take more than two (2) consecutive work weeks of vacation at any one
time.

Approval of Block Weeks: In written form, employees are to request the
use of block week vacations at least three (3) weeks prior to the date of
use, unless waived by the Chief of Police. Employees may request use of
vacation one (1) year in advance. Said requests for less senior employees
in a bureau, division, or shift shall have their vacation request for block
weeks and individual vacation days signed off by all senior employees in
the bureau, division, or shift before submitting same to the Bureau
Commander or designee for initial approval. Upon being requested to sign
off the vacation use, the senior employee(s) will have one week to finalize

13

10.Buy America
The contractor agrees to comply with 49 U.S.C. 5323(j) and 49 C.F.R. part 661, which provide that
Federal funds may not be obligated unless all steel, iron, and manufactured products used in FTA
funded projects are produced in the United States, unless a waiver has been granted by FTA or the
product is subject to a general waiver.

The contractor must submit to the City the appropriate Buy America certification below
with its bid. Bids or offers that are not accompanied by a completed Buy America
certification will be rejected as nonresponsive.

In accordance with 49 C.F.R. § 661.6, for the procurement of steel, iron or manufactured
products, use the certifications below.

Certificate of Compliance with Buy America Requirements

The bidder or offeror hereby certifies that it will comply with the requirements of 49 U.S.C.
5323(j)(1), and the applicable regulations in 49 C.F.R. part 661.

Date:
November 3, 2021

Signature: I, / JA A~

Company: |

Schroeder Construction Management Inc.
Name:

Jack Schroeder
Title:

President
Certificate of Non-Compliance with Buy America Requirements
The bidder or offeror hereby certifies that it cannot comply with the requirements of 49
U.S.C, 5323(j), but it may qualify for an exception to the requirement pursuant to 49
U.S.C. 5323(j)(2), as amended, and the applicable regulations in 49 C.F.R. § 661.7.

Date:

Signature:

Company:

Name:

Title:

7|Page

this process. The appropriate Bureau Commander or designee may extend
the one-week limit due to the unavailability of the senior employee(s).
The only valid reason for a senior employee not to sign off the vacation
request is due to a conflicting vacation usage by the senior employee. If
not completed previously, the senior employee must complete a vacation
request within one (1) week. If the senior employee does not complete his
vacation request or sign off the less senior employee’s vacation request,
the requesting employee will document the circumstances via an
intradepartmental memorandum, attach it to the vacation request, and
submit it to his Bureau Commander or designee for initial approval.

Approval of Individual Vacation Days: In written form, employees are
to request individual vacation days at least three (3) days prior to their use;
however, supervisors may waive this time restriction.

Responsibilities of Supervisors: Potential workloads, manpower
requirements, or any possibility of an emergency situation are
considerations of a supervisor before approving usage. Upon receipt of
the vacation request, supervisors will respond as soon as possible, but
within two (2) weeks of receipt of the block week vacation request. Due
to the limited time frame of individual vacation days, supervisors will
respond to the vacation request prior to the date of the requested use.

Number of Employees Allowed at One Time: The number of employees
allowed on vacation at one time shail be determined by the Chief or his
designee and shall not be affected by the availability of police officers,

Final Approval: Before final approval by the employee's supervisor, the
accrual of the necessary vacation time needed must be verified by the
appropriate personnel in the Financial Services Division.

1, The appropriate form will be completed by the supervisor or
employee, and forwarded to the appropriate Financial Services
Division personnel.

W

After approval, the form will be sent back to the employee's
Bureau Commander and the employee will be notified.

Resolving Conflicts: If a conflict arises in the use of vacation time
among employees, the Bureau Commander or designee will resolve any
conflict. The Bureau Commander or designee will use the following
hierarchy in order to resolve conflicts:

Merit Supervisors

Senior Full-Time Employees
Junior Full-Time Employees

14

Article 16 — SENIORITY

A. Seniority shall be determined to be the period of uninterrupted
employment with the Nashua Fire Department and Nashua Fire Rescue since the
last date of employment. The City shall establish a seniority list, and it shall be
brought up to date each year during the month of November and posted on all fire
station bulletin boards for a period of not less than thirty (30) days, and a copy
mailed to the Secretary of the Union. Any objection to the seniority list as posted
shall be reported within thirty (30) days of the end of the posting period by the
individual employee. Seniority will commence from the first day of employment
on a full-time basis as a probationary employee. Corrections to the seniority list
brought to the City's attention after the thirty (30) day period will be corrected, but
would not negate any benefits already awarded based on seniority.

B. In the event of more than one employee being hired simultaneously,
after July 1, 1989, the order of seniority will be determined by the dates that the
Department received the application from the employee. If date of hire and the date
the application is received are the same, employee seniority will be determined
alphabetically by last name.

C. All newly hired employees shall serve a probationary period of nine
(9) months or complete Career Fire Fighter certification, whichever comes later,
and shall have no rights based on seniority during this period. They shall, however,
insofar as applicable, be subject to all other clauses in this Agreement with the
exception of the use of the grievance procedure for termination or discipline
reasons. All employees who have completed said nine (9) months of service or
Career Fire Fighter certification, whichever comes later, shall be known as
permanent employees and the probationary period shall be credited as part of the
employee's seniority. The City agrees to provide training for certification as Career
Fire Fighter at its expense in accordance with State law. In the event the employee
is absent by reason of illness or injury, the Department may, at its discretion,
extend the probationary period by the amount of time absent over seven (7) duty
shifts during that nine (9) month probationary period, up to three (3) additional
months.

D. In addition to the bargaining unit seniority list, Nashua Fire Rescue
shall establish a time in rank seniority list for each division. Time in rank in any
division shall commence on the first day at work in that division and end when the
employee leaves the division for any reason.

Article 17 - PERSONNEL REDUCTIONS AND RECALL

A. In the case of a reduction of personnel within the bargaining unit, the
employee with the least seniority shall be laid off first. In the event an employee
must be involuntary demoted as a result of a reduction of personnel, such demotion
shall be accomplished in accordance with the time in ranks seniority list for the
division and the employee with the least seniority shall be demoted first.

B. The names of employees laid off from the bargaining unit will be
maintained on a recall list for two years from the date of layoff and such
employees will be offered recall in the order of greatest seniority if vacancies occur
in their job classifications. If a laid off employee is notified by telephone or by a
letter sent to his/her last known address on the records of the Fire Department to
return to work, he/she must notify the Department within two (2) days of his/her
intentions to comply or accept and must report to work within ten (10) days of such
notification or he/she shall cease to have any rights based on seniority and shall be
terminated. Recalled employees who return to work will be credited with prior
length of service, provided such employee has not withdrawn his/her contributions
from the State Retirement System.

C. Ifa driver's job is totally eliminated or is not covered on a 24-hour
basis, any driver affected shall be given the opportunity to fill another full-time
driver's job of his or her choice on the basis of seniority, unless he or she is shown
not to be qualified. In the event of reassignment, the driver shall be obligated to
complete only the remaining portion of his/her driver probationary period not
completed at the time of reassignment.

D. Any employee demoted as the result of a reduction of personnel
which is involuntary and non-disciplinary will be maintained on a list. Employees
who are on the demotion list shall be reassigned to fill any vacancies that may
occur in the division from which they were demoted in according with the
demotion list and time in ranks seniority list for the division.

Article 18 - APPOINTMENTS, PROMOTIONS AND DEMOTIONS

A. The State of New Hampshire Fire Service Training Division or an
equivalent organization agreed upon in writing by the City and the Union shall
conduct and supervise written examinations for available promotions within the
Nashua Fire Department which are specified below and which specify a
requirement for such examination.

B. The Testing Agency shall submit to the Board of Fire Commissioners
the names of the candidates who pass the written examinations for each available
promotional opportunity.

C. All promotions to classifications in the bargaining unit and to the
Deputy Chief and Deputy Chief-Training classification out of the unit shall be
made from the ranks in accordance with the procedures set forth under this
Paragraph C, and in Paragraphs D through N below, unless those from the ranks
are shown not to be qualified. Qualifications, in part, for the rank of Lieutenant,
Acting Lieutenant, Fire Alarm Lineman, Inspector/Public Education Officer,
Assistant Superintendent, Inspector/Investigator, Fire Marshall, Superintendent,
Captain, Deputy Chief and Deputy Chief Training shall be determined by a written
examination conducted by the Testing Agency. A passing mark of seventy percent
(70%) must be attained. Years of service on the Nashua Fire Department will add
one (1) point for each year of service in-grade to the passing written examination
mark. However, if all members can test for a position, one (1) point for each year
of service in the Nashua Fire Department will be added to the passing written
examination mark. A passing written examination mark of seventy percent (70%)
must be attained before such seniority points are added. Seniority points shall be
calculated based on the effective date of the test results, and shall be recalculated
based on the date each vacancy occurs. Seniority points shall be added only once.

D. For vacancies in Specialist Divisions, the five (5) candidates who pass
the examinations and attain the highest combined scores of the examinations and
seniority points shall be the eligible candidates considered in accordance with
promotional policy by the Fire Commissioners for the first vacancy. 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. For each additional vacancy, the candidate who attains the next
highest combined scores shall be added to the list of candidates. If the foregoing
process results in there being less than five (5) candidates available for
consideration, the Fire Commission shall consider the candidates who do pass the
examinations in accordance with previous arbitration decisions. In the event the
Fire Commissioners wish to consider candidates’ conformance to performance
standards, written copies of such performance standards shall be furnished to each
member of the bargaining unit at least six (6) months prior to the date of such
consideration. As part of the testing process, the Fire Commissioners may require
all candidates for positions in the Mechanical and Fire Alarm divisions to
patticipate in a practical skills examination process. This Paragraph D shall apply

to all promotions to classifications other than Deputy Chief, Captain, and
Lieutenant.

E. The written examinations for Lieutenant and Acting Lieutenant will
be given in March. The day of the written examination will be rotated through the
four different platoons. The results of the written examination will stand for
twenty-four (24) months from May 1 next following the administration of the
examination. The posting for the examinations will contain the information in
items (1) and (2) of Paragraph I. For the rank of Lieutenant, the nine (9)
candidates who pass the written examination and attain the highest combined
scores of the written examination and in-grade service year points shall be the
eligible candidates considered in the interview process described in Paragraphs J
and K below.

F. Written examinations for Captain and Deputy Chief will be given in
March or April. The list of those who pass the written examination will stand for
twenty-four (24) months from May 1 next following the administration of the
examinations. For the rank of Captain, the six (6) candidates who pass the written
examination and attain the highest combined scores of the written examination and
in-grade service year points shall be the eligible candidates considered in the
interview process described in Paragraphs J and K below. For the rank of Deputy
Chief, the three (3) candidates who pass the written examination and attain the
highest combined scores of the written examination and time in-grade points shall
be the eligible candidates considered in the interview process described in
Paragraphs J and K below.

G. In the event that there is a tie for the ninth (9") candidate for a
Lieutenant vacancy; the sixth (6") candidate for a Captain vacancy; or the third
(3") candidate for a Deputy Chief vacancy, all candidates affected by the tie scores
shall continue in the process.

Should a tie occur as noted above, then at the Deputy Chief and oral
interview steps (Paragraphs J and K), the highest ranked candidate shall be given a
number equal to the number of candidates being considered and then so on to one
(1) point for lowest ranked candidate. However, in no case shall the final
promotional lists exceed the following number of candidates:

Lieutenant nine (9);
Captain six (6); and
Deputy Chiefs three (3).

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H. Promotional opportunities occurring because of vacancies and new
positions which the Fire Commissioners wish to fill on a permanent basis, and for
which qualified candidates are not available on a current list under D, E and F
above shall, except in an emergency be posted within ten (10) days after the
vacancy occurs. The test date for each such vacancy shall be posted for a period of
twenty (20) days, and each person eligible to take the test who is on vacation or
other extended leave shall be sent a notification of the posting by mail. For
positions in the Suppression Division, the tests shall not be scheduled earlier than
six (6) months after the initial date of posting to allow for study time. For
positions in the Specialist Division, tests shall not be scheduled earlier than ninety
(90) days after the initial date of posting to allow for study time.

I. All test postings shall include the following information:
1. The study materials on which the examinations will be based.
2. All tests will be based upon relevant sources not to exceed

1,400 pages of material. Starting January 1, 2021, all tests for the Fire
Marshal Division will be based upon relevant sources not to exceed 1,000
pages of material.

J. The names of all eligible candidates as defined in Paragraphs C
through F above shall be submitted by the Assistant Chief to the Deputy Chiefs for
their recommendation, no scores will be provided only that the candidate has
passed and is moving on in the promotional process. The Deputy Chiefs, meeting
together, shall review and consider each candidate's abilities, past performance,
and compliance with Nashua Fire Rescue rules and regulations. The Deputy
Chiefs, acting as one body, shall rank the candidates relative to each other. For
Lieutenant candidates, the Deputy Chiefs shall give their highest ranked candidate
nine (9) points and so on to one (1) point for their lowest ranked candidate. For
Captain candidates, the Deputy Chiefs shall give their highest ranked candidate six
(6) points and so on to one (1) point for their lowest ranked candidate. For Deputy
candidates, Deputy Chiefs shall give their highest ranked candidate three (3) points
and so on to one (1) point for their lowest ranked candidate. The rankings shall be
given in a sealed envelope to the Human Resources Department at the conclusion
of the Deputy Chiefs’ review and consideration. The Deputy Chiefs’ ranking shall
be provided by the Human Resources representative to the panel set forth in
Paragraph K below prior to the oral interview process and to the Board of Fire
Commissioners at the time the final promotional lists are determined. Should the

Deputy Chiefs be unable to reach agreement on the rankings for any position, the
procedure set forth in Paragraphs K. 3 & 4 below shall be utilized. In the case of a
tie score between candidates, the candidate with most time in-grade shall be ranked
higher.

kK. The oral interview process shall be administered as follows:
1. Eligible candidates as defined in Paragraphs D through H above

shall be interviewed by a panel that consists of a quorum of the Board of
Fire Commissioners and the Chief of the Department or designee.

2. A representative from Human Resources will assist in the
process.
3. After all eligible candidates have been interviewed, each panel

member shall rank the candidates relative to each other. For Lieutenant
candidates, panel members shall give their highest ranked candidate nine (9)
points and so on to one (1) point for their lowest ranked candidate. For
Captain candidates, panel members shall give their highest ranked candidate
six (6) points and so on to one (1) point for their lowest ranked candidate.
For Deputy candidates, panel members shall give their highest ranked
candidate three (3) points and so on to one (1) point for their lowest ranked
candidate.

4. The Human Resources representative will collect all rankings
and add the points for each candidate to determine the aggregate score for
each candidate. All scores shall be given to the Human Resources
representative and they will notify by mail candidates who have passed with
NO scores just that the candidate has passed and is moving on in the
promotional process. Once the interviews are complete and all scores are
added then all candidates shall be notified by mail their final score and
placement on the promotional list. The Lieutenant candidates receiving the
highest aggregate score shall be awarded nine (9) points for the interview
and so on to one (1) point for the lowest aggregate score. Captain candidates
receiving the highest aggregate score shall be awarded six (6) points for the
interview and so on to one (1) point for the lowest aggregate score. The
Deputy Chief candidate receiving the highest aggregate score shall be
awarded three (3) points for the interview and so on to one (1) point for the
lowest aggregate score. The Human Resources representative will submit the
panel’s final rankings to the Fire Commission. In the case of a tie score