Search

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

32

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.

33

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.

34

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:

35

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.

36

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 upcoming
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:

37

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.

38

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 chargedagainst 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.

39

| . Inthe event of a prolonged absence because of illness in excess of
thirty (30) calendar days, sick leave accumulation will be allowed only for the first
thirty (30) days ofsuchanabsence. There will be no accumulation of sick leave
during absences covered by the Sick Bank.

| . Sick leave will be used only for the personal injury or illness of the
employees, not contracted in the line of duty, provided such sickness or injury is
not incurred as the result of day-off work in which case no sick leave will be paid.
In the case of sickness or injury incurred as the result of working for another
employer, the employee shall receive no sick leave with pay.

| .1. Anemployee may use a maximum of 80.64 hours per year for the care
of the illness of a family member who resides in the immediate household. The
usage of sick leave in this instance may not necessarily be covered by the Family
Medical Leave Act (FMLA). Employees utilizing sick leave under this paragraph
who are unable to perform their duties for more than two (2) consecutive duty
shifts shall furnish to the Chief of the Department a certificate from a physician
stating that the nature of the family member’s illness required the employee’s
absence from work.

At the discretion of the Chief or designee, an employee who meets the
criteria set forth in the Family Medical Leave Act of 1993 may use all of his/her
accrued sick leave while on FMLA.

| . Any employee not able to report to work because of illness must
notify the Deputy Chief on duty at least one (1) hour before scheduled to report for
work. Any member of the Department classified asa Fire Private, Fire Lieutenant
or Fire Captain, who is unable to perform his/her duties because of illness for more
than two (2) duty shifts, and members of the Department classified as Dispatchers,
Assistant Superintendents, Superintendents, Fire Marshall, Inspector/ Investigator,
Inspector/Public Education Officer and third ranking specialists who are unable to
perform their duties because of illness for more than two (2) duty shifts shall
furnish to the Chief of the Department a certificate from a physician stating the
nature, cause and extent of the illness and a clearance to return to work. No less
than twelve (12) hours prior to the return to duty of the members of any grade from
leaves of absence because of illness shall report such return to the Deputy Chief on
duty, by telephone or otherwise, who shallreport to the Chief of the Department.

| . Ifanemployee incurs injury on the job, he/she will be sent at once to
a hospital if in the judgment of his/her immediate supervisor such action 1s

40

ea) THE CITY OF NASHUA recs

Downtown Tapbrovement Committee

A as —

February 2, 2016

Brian McCarthy, President
Board of Aldermen

229 Main Street

Nashua, NH 03061-2019

Dear Alderman McCarthy,

Please be advised that the Downtown Improvement Committee, during its
most recent meeting on October 22, 2015, voted to recommend to the
Mayor and the Board of Aldermen a final budget for surplus downtown
parking funds generated during the calendar year of 2014. Between
January 1, 2014 and December 31, 2014, $99,000 of parking revenue was
generated in excess of $728,000. The Committee made recommendations
that included investments in infrastructure, beautification and
marketing and promotion of Downtown Nashua.

Pursuant to 0-11-76, the Committee respectfully requests approval of
the following budget by the Board of Aldermen.

* Downtown Circulator - $19,000: The project would include a
Downtown bus shuttle to be operated by Nashua Transit on
Thursday, Friday and Saturday evenings from 6:15 p.m. to 10:00
p.m. The shuttle would provide service every 20 minutes
connecting the parking areas with downtown shops, restaurants
and other activity generators.

It is estimated that the shuttle could be operated at a cost
of $38,000. Recommended funds would leverage Nashua Transit
funds at a 1 toi ratio, cutting the project cost in half. It
is further recommended that $5,000 of the $19,000 be dedicated
to marketing costs.

* Performing Arts Center Feasibility Study - Phase II - $25,000:
This project would complete Phase II of the feasibility study,
and include developing basic physical plans, cost estimates and
operating projections for a potential facility.

The City of Nashua hired Webb Management Services to complete
Phase 1, which is currently underway. Phase I includes an
evaluation of the demand for a new performing arts facility in
Nashua, verifying audience potential, identifying potential
users and uses, and confirming its positioning within the
regional competitive market

229 Main Street « Nashua, New Hampshire 03060 « Phone (603) 589-3307 « Fax (603) 594-3434