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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 interpretedas 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 lawsand 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 lability insurance
in force on the effective date of this agreement, provided, however, that if the City
is unable to procure and maintain such insurance, tt 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 attenda 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 eventan 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:

Verbal warning
Written warning
Suspension without pay
Discharge

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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 1s 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, breathor 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 hadno 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 wellas 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.

Article 10 - UNION DUES

A. The City agrees to deduct, once each week, dues in an amount
certified to be current by the treasurer of the Union, from the pay of those
employees whoindividually request in writing that those deductions be made. The
totalamount of the deductions shall be remitted by the City to the treasurer of the
Union. At the request of the Union, such remittance may be made by direct
deposit or electronic transfer to the Union's Bank.

B. The City shall have no obligation to collect dues or service fee
deductions in the event thatan employee has no pay coming to him or her, or the
check is not large enough to satisfy the dues deduction, no deduction will be made
for that week.

C. In no case will the City collect fines or assessments for the Union
other than under A above.

D. The Union shall indemnify and save harmless the city in and on
account of any and all claims, suits and damages arising out of or in relation to
such dues or service fee deductions.

Article 11 - PROTECTION OF CITY PROPERTY AND EQUIPMENT

It shall be the responsibility of any employee having custody of any equipment and
property to see that it is properly cared for, kept clean and returned to its proper
place of storage. Driversshall be responsible for all tools and equipment on their
assigned apparatus.

Article 12 - SAFETY AND HEALTH

A. The City and Union shall cooperate in matters of safety, workers
compensation claims prevention, health and sanitation affecting the employees.
There shall be established a departmental safety committee, a truck committee, an
equipment committee and other committees as may be mutually agreed upon by
the parties, each comprised of one private and one officer named by the Union and
the Chief or designee. The committee shall meet as necessary and will keep
minutes of all proceedings. A copy of the minutes and any reports issued by the
committee shall be posted at each station, and a copy forwarded to the Fire
Commission and the Union. There shall be compensation paid for attendance at
committee meetings by members of the bargaining unit unless they are on duty.

B. Noemployee shall be required to ride the rear ofa hose wagon alone
except when a second employeeis on emergency leave as specified in Article 15 or
24, or has called in sick under Article 22 unless the second employee ts responding
to the same incident in another vehicle. The first employee will then ride alone
only until the secondemployee returns or his or her substitute arrives as specified
under Article 15 or 24.

C. The Department will first respond to each incident other than a brush
fire with an engine/aerial having not less than an officer, a driver and two fire
fighters. Inthe event of response by additional personnel, not less than two fire
fighters and one officer shall be assigned to each hose line. Under normal
operating conditions, any apparatus in active operation at a fire scene shall have an
operator. The only exceptions to the foregoing shall be as follows:

1. When one member of the group responding is engaged in first
responder duties.

2. When an officer is engaged in group training with other officers. In
that event an officer shallrespond toa structure fire at the same time as the
first dispatch via separate vehicle.

3. When an employee is on emergency leaveas specified in Article 15 or
24 or has called in sick under Article 22. In that event, less than the above
numbers of personnel will respond only until the absent employee on
emergency leave returns or his or her substitute arrives as specified under
Article 15 or 24.

4. When an employee becomes unable to perform his/her duties due to
illness or injury and leaves work after 0800 hours on the day shift or after
1800 hours on the night shift. Under no circumstances, however, will this
subparagraph result in more than one unfilled slot on a shift.

5. When a member is responding with another vehicle.

6. During EMS training there will be no more than 3 companies out of
service or 2 companies out of service and one company short one person
(every effort possible will be made to place as many members as possible on
a single piece of apparatus for the purpose of placing it out of service for
training).

D. The mmimum number of fire suppression personnel on duty on any
given shift will be based on the following formula for each piece of fire apparatus
designated by the Commission as being in service for that duty shift.

1. Total number of engines times four personnel.
2. Total number of aerials times four personnel.

3. Shift Management Technician. Position to be filled during the 2015
fiscal year.

The total number of personnel designated by the above formula shall be
temporarily reduced by any personnel absent as set out in Paragraph C,
subparagraphs 1, 2, 3, 4 and 5 above. The designation of the above formula for
safety purposes shall not operate as a restriction on the stations or pieces of
apparatus to which individual personnel may be assigned. The Fire Commission
will designate in writing which pieces of apparatus are to be in service at each
station for each duty shift. Ten (10) days’ notice will be given in writing prior to
any change in designation whichresults in a piece of apparatus being taken out of
service for seven (7) days or less. Twenty-one (21) days’ notice will be given in
writing prior to any change in designation which results in a piece of apparatus
being taken out of service for any period in excess of seven (7) days.

Specialty vehicles are any vehicles which are operational but not in service
on a full time status, or manned. Examples could be CFR 1, Utility, Forestry,
spare apparatus (engines or ladders), Command van, etc. Specialty vehicles are
subject to the provisions of Article 12, Paragraph C.5.

E. There shall also be provisions for proper working facilities,
equipment, tools, safety devices, protective clothing and other modern implements
of fire rescue services so as to provide the City with an efficient and safety-minded
fire fighting organization to give the City full protection within the limits of the
annual budget as passed by the Mayor and the Board of Aldermen.

F. After the four Dispatch Supervisors are hired, Fthere shall be no less
than-+we three Fire Dispatchers or Dispatch Supervisors on duty at all times, with
the exception of time taken under Article 15, F._ Ifa third Fire Dispatcher or
Dispatch Supervisor is needed, every effort will be made to call in a third Fire
Dispatcher or Dispatch Supervisor from the remaining pool of Fire Dispatchers and

Dispatch Supervisors. If unable to secure replacement from off duty Fire
Dispatchers and Dispatch Supervisors, the dispatch center will operate with the
remaining two members for the remainder of the shift. This language only applies
if a member must leave after their shift has begun.

F.1._ Ifthree Fire Dispatchers are working ona shift, the most senior of the
three Fire Dispatchers working will recetve Article 34 Working Out of
Classification pay for performing the duties of a Dispatch Supervisor. As the

Dispatch Supervisor salary grids do not have a probation rate column, the “2

years” column will be used as the probationary rate for that position. The specific
pay in the “2 year” column will be based on any Dispatch Supervisor certifications

that the Fire Dispatcher has.

G The Department will implement and fund an “Infectious Disease
program that will provide employees who choose to, the opportunity to receive:

-Hepatitis — A inoculation.

-Hepatitis — B titer for those members who have had the Hepatitis — B series and
are not aware of their immunity.

-Hepatitis — C baseline screening.
-Tuberculosis screening annually.
Article 13 - SALARIES

| A. Effective July 1, 20452019, a +5%3.5% cost of living increase in
wages will be added to the payroll grade and step grid by the City. All eligible
members in those grades will also be placed on the payroll grade and step grid as
determined by classification and certification as set forth in Appendix A of this
| ArtieleA creement.

| Be. Effective July 1, 26462020, a 9-0%2.5% cost of living increase in
wages will be added to the payroll grade and step grid by the City. All eligible
members in those grades will also be placed on the payroll grade and step grid as

determined by the classification and certification as set forth in Appendix €B of
this ArticleA creement.

CB... Effective July 1, 20442021, a 2.0% cost of living increase in wages
will be addedto the payroll grade and step grid by the City. All eligible members
in those grades will also be placed on the payroll grade and step grid as determined
by the classification and certification as set forth in Appendix BC of this
A+ticleA sreement.

See also Article 32, section A.2, for a possible additional 0.5% increase in
wages on July 1, 2021.

i ele Effective July 1, 2021, the payroll and step grids in Appendix C
andD will show the former “25+” step as “25 not 30” and will have a new “30+?”
step, with a difference between these two steps of 1.0%

E. _ Effective July 1, 2021, increase the payrolland step grids in Appendix
C by 3.0% for step 15 not 20, then increase steps 20 not 25, 25 not 30, and 30+ to
maintain a 1.0% difference between steps.

F. Effective July 1, 20482022, a +0%2.0% cost of living increase in
wages will be added to the payroll grade and step grid by the City. All eligible
members in those grades will also be placed on the payroll grade and step grid as
determined by the classification and certification as set forth in Appendix ED of
this ArtieleA creement.

See also Article 32, section A.2, for a possible additional 0.5% increase in
wages on July 1, 2022.

o ga 2 2 44 Anmnans

otthisctntele- Effective July 1, 2022. increase the payroll and step grids in
Appendix D by 3.0% for step 10 not 15, then increase steps 15 not 20, 20 not 25,
25 not 30, and 30+ to maintain a 1.0% difference between steps.

H. All members of the bargaining unit who have completed ten or more
years of service with the Nashua Fire Rescue as of July 1, 1997 shall be considered
certified for purposes of grade and step grid.

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Board of Aldermen Page 13
March 8, 2016

use the rules to serve that purpose which is what they are there for and that is my whole concern with the
way this piece of legislation was handled. As | understand it, it is a pass through grant at NRPC. | don’t
know for sure that | think it’s valuable but | tend to defer on grants to the wisdom of the Human Affairs
Committee because that’s the purpose of that committee. What concerns me are the rules and frankly |
agree absolutely with Alderman Siegel. | spoke with Alderman Clemons and in fact urged him not to make
the motion prior to this meeting just because of the way it would turn out. | think we need to go back to
using the rules to work together and not to see how we can nefariously get our way around the majority of
the Board, if that’s what is happening. I’m not saying that anyone has done anything nefarious, | am saying
that it would have been a good idea at the previous meeting to defer it to the motion to table and take the
vote when 15 people are here and can state their positions on it and have their votes count. What | would
ask the Board to do at this point is to, given the discussion that we have had, is to reconsider it and send it
back to the Human Affairs Committee. Let’s get some real information on it. It may turn out that we don’t
want it but there are still some unanswered questions as near as | could tell and we ought to have those
answers before we do anything with it. | would ask that the Board reconsider it and return it to the Human
Affairs Committee for further study.

Alderman Deane

| would like to know what the prepared motions were for this piece of legislation that Alderman Clemons
has in front of him.

President McCarthy

| am not sure | know what you mean.

Alderman Deane

The motions are prepared for him prior to the meeting.

President McCarthy

Correct.

Alderman Deane

I’d like to know if there is a motion there to re-refer it to the Human Affairs Committee or not.

President McCarthy

No, there is not. That’s my opinion and my opinion only. Alderman Clemons had said that he wanted to
make a motion to reconsider it. | told him and | told the legislation assistant that the proper motions were a
motion to allow reconsideration by a party not on the prevailing side and if that passed then a motion to
reconsider. Does that answer your question, Alderman Deane?

Alderman Deane

Thank you.

Alderman Clemons

| also did send out a communication via e-mail to the entire Board telling everyone that | intended to do this
at this meeting.

The members to which this subsection pertains, agree to make a good faith
attemptto secure certification specific to the members position, provided training
is available locally. The City agrees to endeavor to make the training necessary for
said certification available within the department while on duty.

All members of the bargaining unit achieving 10 years of service with
Nashua Fire Rescue after July 1, 1997 or promoted after July 1, 1997 will be
required to have the certification specific to the member’s position to receive the
certified grade on payroll grid.

Fire Fighters and Fire Dispatchers who were employed before July 1, 2003
and are not currently certified as set forth in this Article shall be entitled the
appropriate percentage based wage increaseas described in Article 13, sections A
and B.

Certifications for the purpose of receiving the certified grade on the payroll
grid is subject to specific certification being available in New Hampshrre.

Any member currently certified prior to the effective date of this Agreement,
shall participate in necessary training to remain certified. However, they are not
subject to any additional requirements.

I. All step increasesare effective July 1, annually except:

1. Probation, which advances a step on the payroll grade and step
grid after successful completion of probation; and

2. FF and Dispatcher members with less than four (4) years of
departmental service shall be paid at the appropriate grade and step on
the payroll grade and step grid effective on the date of certification or
the date of their departmental anniversary, whichever comes later.

J. Effective July 1, 2012, the base weekly pay for certified members will
include compensation equal to one-half (1/2) times hourly rate for certifications for
Hazardous Materials: A wareness, Operation and Decon and EMT-B or higher or, if
hired before July 1, 2000, First Responder, Oxygen Therapy, Back Board and
AED. Those members who do not obtain or maintain these certifications will be
paid at the appropriate grade.

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