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D. When a Captain, Captain Training/Safety, Superintendent
is absent for an entire regularly scheduled work week (4 — 10 hr
days, 2 days/2 nights) for any reason, the next senior employee will be paid “acting
pay” consistent with paragraph A above. This paragraph D will not limit the
requirement to pay individuals as the needarises ona day to day basis throughout
all ranks as provided in paragraph A above.

Article 35 - BULLETIN BOARDS

The City agrees to provide space for suitable bulletin boards in convenient places
in each station and work area, to be used by the Union. The Union shall limit its
posting of notices and bulletins to each bulletin board. The Union agrees to
maintain such bulletin boards in a neat and orderly condition to the satisfaction of
the Captain in charge of the station.

Article 36 - ASSIGNMENTS

A. The Chief or his/her designee has the right to transfer, for just cause,
employees assigned under this clause.

B. Regional Haz Mat Team

All Team members will be full ttme NFR members. The team may be
designated as “Regional” used on a “Mutual Aid” basis.

MEDICAL SCREENING:

Any member who is interested in serving on the “Haz Mat Team” will
consent to being medially screened by the designated Physician. The medical
screening will be designed to evaluate the member’s fitness for HAZ MAT team
assignment. The complete screening criteria will be made available for the
member’s review before the screening takes place.

Each year prior to the “Medical Screening” members will agree in writing to
participate with the “Haz Mat Team” for the fiscal year following the Medical

Screening

Medical test and all results will be kept confidential between the Physician
andthe member. Ifafter the medical screening the member chooses to be an active

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team participant, then those medical records will be maintained and supervised by
the team’s designated physician, facility or agency.

PROCEDURE:

Initial training to Technician level will be provided to new team members as
a unit. Off-duty members will be paid for all hours of required trammg. On-duty
members will be on a delayed-response basis. The positions of the additional
members assigned to this training will be covered by shift coverage. The initial
Technician level traming will be conducted as a minimum eighty-(80) hour
program. The team members with certification as well as those without will be
required to attend this initial program.

Members interested in a HazMat Team assignment must agree to participate
in the required training and agree to fill any position on the team when qualified.

Members must be certified to receive stipend (pass test, maintain
certification, annual recertification, medical screening).

The NFR will train adequate members in order to maintain a regular five-
member Haz Mat team available on a daily basis.

In the event more members sign for the team than this pre-determined
staffing allows, the member with the most seniority will be allowed to continue in
the training process for certification and regular assignment, provided medical
screening shows qualified.

The NFR will retain the right to make assignments, regular and alternate, to
the team based on seniority. The City and the Union have mutually agreed ona
method to fill Haz Mat Team assignments, which is shown in Appendix E.

REQUIRED:

There must be adequate personnel (members and alternates) trained by this
procedure to the Technician level to maintain the regular team.

All future Technician level members will first be designated as alternates.

In order to assure a ready pool of available Technician-level personnel,
during the annual recertification process, the NFR will continue to train adequate

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additional personnelto fill any vacancies which may occur on the Haz Mat team.
However, if atany time the number of trained and available team members falls
below thirty (30), a posting for the vacant positions will occur within two (2)
business days for ten (10) days. The screening and traming process will begin
within seven (7) days of the closure of posting.

During the annual recertification period, members who may wish will be
allowed to be screened and trained based on seniority.

Drivers assigned to any apparatus under Article 36, Paragraph E.1., which
may be used with the team, will not be required to meet any further qualification.

STIPEND:

All NFR members who complete the Haz Mat Awareness Operational/
Decon level of training, will receive a weekly amount equal to one-half (%) their
hourly rate, as a stipend for this certification, refer to Article 13, Section H.1.
Change effective July 1, 2012.

Regular team members (as defined/assigned daily) will receive a weekly
amount equal to 1 times their hourly rate, as a stipend for this assignment.

Limit: 32 Members 8 Officers 24 Fire Fighters
This stipend shall be granted only for that period of time for which sufficient
funding is received by Nashua Fire Rescue from sources other than the City of

Nashua Operating Budget to fully fund the Nashua Fire Rescue Regional Hazmat
team.

Effective January 6, 2013 — One (1) Captain will be regularly assigned as the
Haz Mat Team Captain in addition to the Captain assigned to each Station.

Alternate team members (not assigned daily to the regular team) will receive
a weekly amount equal to one half their hourly rate, as a stipend for this
assignment.

Limtt: 36 Members 8 Officers 28 Fire Fighters

This stipend shall be granted only for that period of time for which sufficient
funding is received by Nashua Fire Rescue from sources other than the City of

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Nashua Operating Budget to fully fund the Nashua Fire Rescue Regional Hazmat
team.

Specialists qualified at the Technician leveland assigned to Haz Mat duties
will be designated as additionalalternates with the appropriate pay rate provided.
This stipend shall be granted only for that period of time for which sufficient
funding is received by Nashua Fire Rescue from sources other than the City of
Nashua Operating Budget to fully fund the Nashua Fire Rescue Regional Hazmat
team.

C. Permanent Station Assignments:

Permanent Captain Station Assignments will be made available. Up to one
(1) position at each station will be allowed. (2 years in grade min.)

Permanent Lieutenant Station Assignments will be made available. (3 years
in grade min.)

Fire Fighter positions at each station on each group will be designated for
Permanent Station Assignment. (4 years min.) One fire fighter position at each
station, on each group will be left unsigned

Station assignment for officers will be made by time in grade seniority.

Each permanent station assignment will be available to all eligible
employees annually. Employees will sign for the positions in order of their time in
grade seniority and the union will furnish the department with a list of the available
positions at each station and the employees assigned to them by December 15".
Transfers as a result of this annual re-signing will occur on the first cycle change
after January 1°.

The implementation of this process will take place on the 1“ cycle change
after the signing of this agreement or the first cycle change after July 1, 2012,
whichever comes later. The assignments will then stand until the first cycle
change after January 1, 2014.

If the NFR chooses to designate special or technical duties at a station:

1. The station and designation will be posted before the signing/ bidding
process begins.

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Board of Aldermen Page 18
March 8, 2016

R-16-016
Endorser: Mayor Jim Donchess
Alderman Ken Siegel
Alderman-at-Large Brian S. McCarthy
Alderwoman Mary Ann Melizzi-Golja
AUTHORIZING THE CITY OF NASHUA TO ENTER INTO A FIRST AMENDMENT TO LEASE
AGREEMENT WITH MAKEIT LABS FOR A PORTION OF 25 CROWN STREET
Given its first reading; assigned to the FINANCE COMMITTEE by President McCarthy

R-16-017
Endorsers: Mayor Jim Donchess
Alderman-at-Large Lori Wilshire
Alderman Ken Siegel
Alderman June M. Caron
Alderwoman Mary Ann Melizzi-Golja
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Tom Lopez
RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF $70,000 FROM THE STATE OF
NEW HAMPSHIRE DEPARTMENT OF HEALTH & HUMAN SERVICES INTO PUBLIC HEALTH
AND COMMUNITY SERVICES GRANT ACTIVITIES “FY17 AND FY18 TUBERCULOSIS
PROGRAM OF GREATER NASHUA”
Given its first reading; assigned to the HUMAN AFFAIRS COMMITTEE by President McCarthy

R-16-018
Endorsers: Mayor Jim Donchess
Alderman-at-Large Lori Wilshire
Alderman-at-Large Michael B. O’Brien, Sr.
Alderwoman Mary Ann Melizzi-Golja
Alderman Don LeBrun
Alderman Ken Siegel
Alderman June M. Caron
Alderman Richard A. Dowd
Alderman Tom Lopez
RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF $120,000 FROM THE STATE OF
NEW HAMPSHIRE DEPARTMENT OF HEALTH & HUMAN SERVICES INTO PUBLIC HEALTH
AND COMMUNITY SERVICES GRANT ACTIVITIES “FY17 AND FY18 IMMUNIZATION PROGRAM
OF GREATER NASHUA”
Given its first reading; assigned to the HUMAN AFFAIRS COMMITTEE by President McCarthy

R-16-019
Endorsers: Mayor Jim Donchess
Alderman-at-Large Lori Wilshire
Alderman June M. Caron
Alderman Ken Siegel
Alderwoman Mary Ann Melizzi-Golja
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Don LeBrun
Alderman Tom Lopez
RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF $170,000 FROM THE STATE OF
NEW HAMPSHIRE DEPARTMENT OF HEALTH & HUMAN SERVICES INTO PUBLIC HEALTH
AND COMMUNITY SERVICES GRANT ACTIVITIES “FY17 AND FY18 STD & HIV DISEASE
CONTROL”
Given its first reading; assigned to the HUMAN AFFAIRS COMMITTEE by President McCarthy

2. The NFR will make the required training available. The member will
be required to participate while on duty and will be required to be certified if
necessary in order to maintain the chosen station assignment.

Employees assigned to a specialty station upon the signing of this agreement
shall be permitted to retain that assignment until they exercise their option to sign
for a different station assignment. Vacanciesasa result of such anaction will then
be filled by time in grade consistent with the process detailed in this Article.

The NER reserves the right to assign the group designations for these Station
Assignments.

When vacancies occur in the station-assignment positions, qualified
members will be allowed to fill those vacancies based on their seniority and the
provisions of this Article 36.

However, drivers assigned under Article 36, Paragraph E.1. will not be
required to meet any further qualification.

Whena vacancy occurs in the Station assignment classifications, the Fire
Private with the greatest seniority or Fire Officer with the greatest time in that
grade, who signs the posting shall be given the first opportunity to fill the vacancy
unless he/she is shown not to be qualified prior to fillng the vacancy. If any
person does not take the opportunity or is shown not to be qualified, then it will be
offered in the same manner in order of seniority, until the position is filled. In the
event that anemployee is selected and remains in the position for a period of six
(6) months, then the person shall be considered qualified and assigned to the
station. Otherwise the employee shall be returned to the employee’s prior position.
All such vacancies shall be posted for ten (10) days before being filled. However,
the initial period shall include three (3) postings in order to insure that the
assignment has gone to the senior person wishing to fill the positions. If a driver
wishes to transfer to station assignment position, he/she will state his/her desire in
writing and process the request to the Chief. The Department will post that
position in accordance with the provisions of Article 36, Paragraph E. 1.

The Chief or his/her designee has the right to transfer, for just cause,
employees assigned under this clause, after a hearing for that purpose.

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Any employee assigned under this clause may request transfer after having
been awarded permanent station assignment.

Should a driving position open, a Private assigned under this Article 36
cannot be required to accept the driving position.

D. WaterEmergency Dive Team

D.1. Dive Team Organizational Structure: Allmembers of the rescue team
will be Nashua Fire Rescue members, and the recovery team will be Nashua Police
Department members, both departments will make-up the “City of Nashua Water
Emergency Dive Team”. The Dive Team could be used to assist other
communities.

D.2. MedicalScreenng: Any member who 1s interested in serving on the
“Dive Team” will consent to being medically screened by the designated
Physician. The medical screening will be designated to evaluate the member’s
fitness for the “Dive Team” assignment. The complete screening criteria will be
made available for the member’s to review before the screening takes place.

Each year prior to the “Medical Screening” members will agree in writing to
participate with the “Dive Team” for the fiscal year following the Medical
screening.

Medical test and results will be kept confidential between the Physician and
the member. If after the medical screening the member chooses to be an active

team participant, then those medical records will be maintained and supervised by
the teams designated physician, facility or agency.

D.3. Procedure: Nashua Fire Rescue will post for the team assignment and
will initially train twenty members in order to maintain a regular four member
Rescue Dive Team available on a daily basis.

Limit: 40 Members 10 — Officers 30 — Fire Fighters

One Captain will be regularly assigned as the Dive Team Captain

In the event more members sign for the team than this pre-determined
staffing allows, the members with the most seniority will be allowed to continue in

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the training process for certification and regular assignment, provided medical
screening shows qualified.

In order to participate in the initial “Rescue Dive Team” trainng members
must be Padi/Naui “Open Water Certified”. Prior to the initial “Rescue Dive
Team” training to ensurea sufficient number of members are available for team
operation the Fire Department agrees to make the “Open Water” certification
program available. The “Open Water” certification program will be offered during
regular duty hours and qualified on duty members will be allowed to participate.

It is agreed that all members of the team will be at a base level of training,
that being Padi/Naui Basic Open Water certified prior to start of Rescue Dive
Training. Inthe event that a member who signs for the team is not certified the
department agrees to provide Educational Assistance per Article 31, and no over-
time will be paid for all hours of required traming. The base level the Initial
training for the Rescue Dive Team will be provided to all team members as a unit.
Off duty members will be paid for all hours of required training. On duty members
will be on a delayed response basis. The initial Dive team training will be
conducted, and cover the following areas:

Dry Suit Use

Aga Mask Use

Small Boat Operations
Public Safety Diver
Large Area Search

This initial Dive Team will take 80 hours to cover all the material, and to
organize the fire and police department members as a team. Do to the variety of
emergencies that the Dive Team may have to operate in. It is agreed that additional
training will be provided. Those programs are Underwater Vehicle Extrication,
Swift Water Operation, Ice Dive Rescue, and Black Water Operation, and this
trainng will be done within two years of the team’s inception.

Members interested in a Dive Team assignment agree to participate in the
required training and agree to fill any position on the team when qualified.

Members must be certified to receive stipend (Pass test, maintain
certifications, medical screening. )

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D.4. Required: There must be a minimum of 6 Privates and officers
trained by this procedure for the Dive Team to be assigned.

NFR agrees to provide all equipment required for the Dive Team members
to dive in dry suits, with full face protection (Aga Mask) andany other associated
equipment.

NFR agrees that they will provide a minimum of four (4) 8 hour teams drills
each year, so to jointly train with the Nashua Police Department Dive Team.

Drivers assigned under Article 36, Paragraph E.1. which may be used with
the team, will not be required to meet any further qualifications.

D.5. Stipend: All NFR members who complete the Dive Tender/Boat
Operator training, will be granted one half (1/2) time hourly rate weekly.

Dive Team members will receive a weekly amount equal to one (1) times
their hourly rate, as a stipend for this assignment.

E.1. When a new position is created or when a vacancy occurs in the
Driver classification, other than for driver of a Deputy's car, the Fire Private with
the greatest seniority who signs the posting shall be given the first opportunity to
fill the vacancy unless he/she is shown not to be qualified prior to filling the
vacancy. If that person does not take the opportunity or is shown not to be
qualified, then it will be offered in the same manner in order of seniority, until the
position 1s filled. In the event that an employee is selected and remains in the
position for a period of six (6) months, then that person shall be considered
qualified and assigned to the job. Otherwise the employee shall be returned to the
employee's prior position. Vacant driving positions shall be filled on the first cycle
change after January 1“ and July 1* annually. The union shall post all such
vacancies for ten (10) days before being filled. If one or more persons sign the
posting, the provisions for filling the position will be followed. If a person who
signs the posting is chosen to fill the position, then the requested transfer will be
allowed. Ifa driver wishes to transfer to a back-end (nozzle person) position,
he/she will state his/her desire in writing and process the request to the union and
he/she will be transferred to a back-end position at the beginning of the next eight
(8) week cycle.

E.2. Inthe event the Department determines that Fire Officers shall be
assigned to drive the Deputies' cars, the assignments shall be offered first to Fire

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Officers ona voluntary basis, subject to the approval of the Chief and Deputy. In
the absence of volunteers, the assignments shall be made among the permanent fire
officers of the Department by the Chief and Deputy Chiefs.

E.3. In the event the Department determines that Fire Privates shall be
assigned to drive the Deputies' cars, the assignments shall be made in accordance
with E.1. above, provided that without regard to the provisions of E.1. all such
assignments shall be subject to the approval of the Chief and Deputy Chiefs.

E.4. Any Specialist or Dispatcher may be returned to any position which
he or she has formerly held as a Fire Private or Dispatcher, providing there is an
opening for that former position and he/she meets the qualifications for that former
position as determined by the Fire Commissioners.

Article 37 — RESIDENCY

A. Employees hired before May 1, 1996. There shall be no residency
requirement for employees hired prior to May 1, 1996 provided that such
employees shall be required to respond to any overtime or call back within one
hour’s time. Ifthe employee is unable to respond within the one-hour time limit,
that employee will be considered as not having reported for duty and no
compensation will be due them. This pertains to all overtime situations except
those overtime assignments made when the employee is on shift and requested to
work additional hours.

B. — Employees hired after May 1, 1996. Employees are encouraged to
reside within a fifteen (15) mile radius of the Fire Department headquarters. Any
employee who does not meet this residency requirement will not be called for
overtime unless in the opinion of the Chief or designee that employee’s services
are needed. Notwithstanding anything to the contrary, any employee who does not
respond to a call for duty within one hour shall be considered as not having
reported for duty and no compensation will be due them.

Article 38 - SAVINGS CLAUSE
If any provision of this Agreement, or the application of such provision, should be
rendered or declared invalid by any court action or by reason of any existing or

subsequently-enacted legislation, the remaining parts or portions of this Agreement
shall remain in full force and effect.

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