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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 witha 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.

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 NFR 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

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ay
‘& PENNICHUCK 25 MANCHESTER STREET
Be PO BOX 1947

MERRIMACK, NH 03054-1947

@ (603) 882-5197

FAX [603} 913-2305

www. PENNICHUCK.COM

VIA HAND DELIVERY

February 2, 2016

Mr. Stephen Bennett
Corporation Counsel
City of Nashua

229 Main Street
Nashua, NH 03060

Re: — Pennichuck Subsidiaries — Request for Approval of Loans from the New

Hampshire Drinking Water Revolving Loan Fund Program

OQ Dear Attorney Bennett:

Introduction. As you know, the City of Nashua, New Hampshire (the “City”) is the sole
corporate shareholder of Pennichuck Corporation (“Pennichuck”). The City has been the sole
shareholder since the acquisition of Pennichuck on January 25, 2012.

The purpose of this letter is to request that the City, acting in its capacity as sole shareholder,
approve several resolutions authorizing Pennichuck’s three regulated public water utility
subsidiaries, Pennichuck Water Works, Inc. (“PWW”), Pennichuck East Utility, Inc. (*‘PEU”),
and Pittsfield Aqueduct Company, Inc. (“PAC”), to borrow funds from the State of New
Hampshire pursuant to the State Drinking Water Revolving Loan Fund Program (the “SRF
Program”’).

Background. As part of the City’s acquisition of Pennichuck, in accordance with special
legislation enacted by the State Legislature, and as unanimously approved by the Mayor and
Board of Aldermen on January |1, 2011, the corporate structure of Pennichuck and its utility
subsidiaries was retained. This corporate structure was retained for several reasons. First, the
Mayor and Board of Aldermen desired to maintain stability and continuity for customers and
employees of the Pennichuck utilities and the communities they serve. Second, retaining the
corporate structure provided continuity for the existing relationships with regulatory agencies
and financial/banking partners. Third, the Mayor and Board of Aldermen unanimously agreed
that the corporate structure would encourage business-smart decisions and rely upon well-
established governance principles of corporate law, pursuant to Pennichuck’s Articles of

& Incorporation and its by-laws,

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 fillmg 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.

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. Water Emergency 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. MedicalScreening: 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.

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

In order to participate in the initial “Rescue Dive Team” training 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

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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. )

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

63

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
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. Inthe 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.

64

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.

Article 39 - DURATION AND EFFECT

A. This Agreement, upon bearing the signatures of the authorized people
representing the Union and the City, shall be effective as of July 1, , and
will remain in effectthrough June 30, . Provided however, that on June
30, , and on each June 30th thereafter, this Agreement shall be deemed
renewedand extended for the ensuing year unless one hundred and twenty (120)
days or more prior to budget submission date, either party shall have delivered to
the other notice of its desire not to have the Agreement in its then form renewed.
Such notice shall be deemed delivered if and when mailed, postage prepaid,
addressed to the last address of the addressee, which is known to the sender of this
notice. If such notice shall be sent, the parties shall negotiate fora new Agreement
or modification thereof, and the terms hereofshall continue to apply until the new
or modified Agreement is executed or the existing Agreement terminated; upon
thirty days’ notice by either party.

B. — Should neither party to this Agreement send a notice of termination as
described in Paragraph A above, this Agreement will be considered to have been
automatically renewed for another year from effective date of Agreement.

C. Should either party to this Agreement wish to inaugurate collective
bargaining discussions over changes they may wish to introduce to this Agreement,
it is agreed thatnotice of the substance of the changes and the language with which
such desired changes are to be expressed, shall be mailed to the authorized parties,
signatories to the Agreement, thirty (30) days before the beginning of discussions

65

of the Agreement. The parties receiving such notice of desired changes shall
forthwith seek establishment of a meeting of the parties for the purpose of
discussion and amicable accommodation for the desired changes.

IN WITNESS THEREOF, the parties hereto have hereunto set their hands on this
day of ; ,

Signed, sealed and delivered in the presence of:

Nashua, NH City Employees City of Nashua, New Hampshire:
Nashua, NH, Fire Fighters Assn.
Local 789, International
Association of Fire Fighters:

Mayor

Board of Fire Commissioners:

Witnesses for the Union: Witnesses for the City:

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lFv2020 - July 4, 2019 through June 30, 2020 | APPENDIX A

2184 Hours obation Probation 20 not _25 25+

100 101 107 108
460
-Certified 1 211 217 218
709 453

-Certified 2 221 227 228
460

237 238
757

-Certified3 231

Certified 1 EMS certification appropriate to date ofhire and
Hazardous Material Awareness, Operations and
Decon and CDLB if hired after 1/1/2012

Certified 2 Firefighter Level Ill or
Introduction to Technical Rescue or Equivalent

Certified 3 Certified 1 and Certified 2

2184 Hours obation Probation 20 not _25

100 101 107
460
211 217
453
227

- Certified 1

- Certified 2 221
709 460
231 237

- Certified 3

Certified 1 NIMS 700 - National Incident Management Systems
NIMS 100 - Intro tothe Incident Command System
APCO Telecommunicator i

Certified 2 NIMS 200 - ICS for Single Resource & Initial Action Incident
APCO Fire Service Communicator and Certified 1

Certified 3 100 Milliamp Systemand Certified 1 and Certified 2

* Those hired after 1/1/09 - Certified! and Certified 2 apply upon signing of this Agreement. Certified 3 applies July 1, 2022. Certifications must be maintained and

kept current.

67

lry2020 -July 1, 2019 through June 30, 2020 | APPENDIX A

2184 Hours 20 not 25

307
- Certified 1
- Certified 2

- Certified 3

Certified 1 NIMS 300 - intermediate ICS for Expanding Incidents
NIMS 400 - Advanced ICS for Command and General Staf

Certified 2 APCO Communications Training Officer and
Certified 1
Certified 3 APCO Communications Center Supervisor and

Certified 1 and Certified 2

* Those hired after 1/1/09 - Certified! and Certified 2 apply upon signing of this Agreement. Certified 3 applies July 1, 2022. Certifications must be maintained and

kept current.

2184 Hours 15 not 20 20 not 25

enant 306 307

enant - Certified 1

enant - Certified 2

enant - Certified 3

Certified 1 EMS certification appropriate to date ofhire and
Hazardous Material Awareness, Operations and
Decon

Certified 2 Fire Officer 1

Certified 3 Certified 1 and Certified 2

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