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Board of Aldermen Page 15
March 8, 2016

R-16-008
Endorsers: Mayor Jim Donchess
Alderman-at-Large Brian S. McCarthy
Alderwoman Mary Ann Melizzi-Golja
ADDING FOUR ADDITIONAL PARCELS TO THE “SPIT BROOK ROAD ECONOMIC
REVITALIZATION ZONE”
Given its second reading;

MOTION BY ALDERWOMAN MELIZZI-GOLJA FOR FINAL PASSAGE OF R-16-008

ON THE QUESTION

Alderman Moriarty

| just want to note that it was not a unanimous vote to recommend final passage.

Alderman Siegel

| read the minutes from that meeting and | felt like | left economic earth at one point. | was happy that a
majority voted for that. | can’t understand why we would vote against something like that. | think if it were
up to me | would make all of Nashua have a lower BPT and BET; it’s the biggest job killer that New
Hampshire has so congratulations; we should do everything in our power to get 300 manufacturing jobs
into Nashua. It would be insane to vote against this.

Alderman Moriarty

With that introduction I’ll comment on a couple of things. Keeping taxes low in order to make New
Hampshire competitive with the nation; there’s nobody on this Board that can hold that mantle other than
me as far as a champion of keeping spending under control and taxes low and trying not to run the seniors
out of the city. I’ve been talking about reducing the BPT and BET for years. | absolutely 100% agree. |
like the idea of the term “revitalization,” the economic revitalization zone, something like a blighted area.
The issue that | have has to do with corporate welfare, the type of thing that citizens across the nation have
lost faith in Congress because of special favors and the tax codes that gives breaks to favored interests.
It's a non-uniform application of the law. The reason why we can’t balance our budget is because you have
subsidies of this organization and subsidiaries of that and this congressional district subsidizes that. What
happens is the general population gets stuck footing the bill. If we want to reduce the BET and the BPT all
across New Hampshire uniformly | am all for it and I’ve been saying that forever. The problem is when you
give special favors and in this particular case the ordinance is requesting that we add four properties to this
economic revitalization zone in south Nashua. The four properties are BAE Systems. If we give a tax
break to BAE then that’s not revitalizing anything, it's one of the most mature companies in the State of
New Hampshire, it's been here for fifty years, its healthy, it's not going anywhere and it is here to stay.
This bill does not revitalize anything. You say you want to revitalize Spit Brook Road? Spit Brook Road
does not need revitalization, it's doing just fine thank you. This particular property area is the most
expensive real estate in all of New Hampshire; it’s the complete opposite of revitalization. Regarding giving
the special favor, the tax break to BAE in order for them to create jobs is also not true. They have already
paid for these jobs. They eliminated 70 — 74 high paying senior people last September. Giving them a tax
break isn’t going to encourage them to hire more people, it’s already in the plan and we are rewarding an
organization for axing 74 loyal people who had been working for the company for 10, 15, or 20 years.
There is a legitimate reason to vote against this. | wasn’t going to mention all of that because | think we
are stuck on roll call with this and | didn’t want to put my colleagues on the spot by making them back me.
It's corporate welfare for an organization that has not treated their employees well recently. They kept it
under the minimum; if you lay off 75 people you have to give a press release so they only laid off 73 people
and didn’t have to make the press release. Just to show good faith | am going to abstain from this one.

S.1. For purposes of clarification in R and S above, “divisions” will include:
Training/Safety, Fire Alarm, Mechanical, and Fire Marshals. Additionally, the
rank of Superintendent will include the highest ranking position in the division,
Assistant Superintendent will include the 2" highest ranking position in the
division, and Third Ranking Specialist will include the 3 highest ranking position
in the division.

T. The Department will give good faith consideration pursuant to
previous arbitration decisions to the candidates presented pursuant to Paragraphs C
through J above. If all of the candidates presentedare shown not to be qualified for
promotion, then the examinations may be given by the Fire Commissioners to
persons inside or outside the Department. A bsolute preference under this paragraph
shall be given to those in the ranks in accordance with this Article 18 unless those
from the ranks are shown not to be qualified.

U. Any person demoted shall be notified in writing within twenty-four
hours as to the reasons for the demotion. Such notice shall first be given to the
employee mvolved and to the Union.

V. A-pesitien deseription questionnaire job description will be completed
for the position of Dispatcher+Clerrainer Supervisor. Whena vacancy arises in
this classification, the posting for the position will include the-pesitien-deseription:
questionnaire job description and the testing for the vacancy will be based on the
requirements of the position as described therein. Individuals promoted to this
position must meet all the position requirements within six (6) months to fill | the
position. Lacks mdpadua ey J aye

W. The Fire Prevention Bureau shall be known as the Fire Marshall's
Office. The Superintendent of Fire Prevention shall be knownas the Fire Marshall.
The Assistant Superintendents shall be known as Inspector/Investigators. The
Public Education Officer shall be known as Inspector/Public Education Officer.
The purpose of this paragraph is to reflect the title changes only and all other
conditions relating to these positions remain unchanged.

X. Non-fire suppression divisional employees, who have passed the
current fire fighter exam written and physical, shall be given preference by
seniority for interdivisional transfers to fire suppression in the event thata vacancy
occurs. All bargaining unit employees shall be given preference in the filling of
any interdivisional vacancy that may occur in any other division when the position

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does not require an examination. Members in all cases pertaining to this section
shall have otherwise met the then current qualifications for said position as
established by the City of Nashua’s Board of Fire Commissioners, Fire Standard
and Training Commissioners, and the New Hampshire Retirement System.

Y. In order to be eligible to be promoted to any rank or position,
employees must take a test for that position regardless of the number of employees
competing for the position.

Z. Oncea test has been posted, the promotional process that was in effect
on the date of the posting shall be the process that is used until the subsequent
promotional list expires or the eligible candidates on that list are exhausted.

AA. Uponsigning of this contract, the union and the administration shall
establish a joint labor management committee to review the current promotional
processes. This committee shall have four (4) members from the union, (4)
members from administration and one (1) mutually agreed upon full voting
member, who is not affiliated with either organization. The committee shallreview
this Article 18, and propose changes to this Article to the Board of Fire
Commissioners and the Union. This committee shall be formed within 60 days of
signing and shall have a report for members to vote on by September 1, 2021.

Article 19 - GRIEVANCE PROCEDURE

A. Itshall be the purpose of this grievance procedure to settle grievances
between the City and the Union as expeditiously and fairly as possible. Any
difference as to the interpretation of this Agreement in its application to a
particular situation, or as to whether it has been observedand performed, shall be a
grievance under this Agreement and the parties shall observe the following
procedure for the adjustment and settlement of such grievance.

Step L
Within thirty (30) days of when the grievant knew or should have known of the act
or condition on which the grievance is based, the grievance shall be reduced to
writing, signed by the employee and the Union, and presented to the Deputy Chief
or Division Supervisor. If the grievance is not settled within seven (7) workdays of
its receipt by the Deputy Chief or division supervisor, then

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Step I:

The Union may take the matter up with the Chief by submitting to him a written
copy of the grievance together with such other evidence as it wishes him to
consider. The Chief shall have fourteen (14) calendar days within which to render
a written decision to the Union. If the Union does not receive a reply from the
Chief within fourteen (14) calendar days or if it 1s not satisfied with the decision of
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 1s filed,
authorized Union personneland 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 witha copy of the grievance, a copy of any written evidencesubmitted by
the Union, anda copy of the Chief's decision, will be included on the agenda of the
Commission for that meeting. Allrequests 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 HOI
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. Inthe 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.

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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.

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 AHeaalreneenpatleetes bass
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.

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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.
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 setforth above, which time shall be considered earnedand
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 ------------ Twoweeks (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:

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After eighteen (18) years of service----------- One duty shift per year up toa
total of four additional duty shifts.
Effective January 15, 2017:

After eighteen (18) years of service----------- One duty shift per year up toa
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. | Nomore 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 ona “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. Ifno spouse survives the employee, this payment shall be paid to
the surviving children through the legaladmmistrator 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 Anemployee may be permitted to borrow leave against upcommg
accrual within the same calendar year for purposes of being able to take scheduled
weekly vacations only. The maximum amount that may be borrowed 1s 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 whoearn leave may utilize such leave ona "day at a time"
basis, subject to the following requirements:

1. Employees assigned to Specialist Divisions, Dispatchers, and
employees assigned to the Traming/Safety Division request the use of a "day
ata 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 ata 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
admunistration of "day ata 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 ata time" leave requests will be considered ona first come, first
setve basis, providing that any employee who requests a "day at a time"
leave at least fourteen (14) days inadvance 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. Atno 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.

K. 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.C+ Effective duty 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, 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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