Search

Specialists qualified at the Technician level and assigned to Haz Mat duties
will be designated as additional alternates with the appropriate pay rate provided.
This stipend shall be granted only for that period of time for which sufficient
funding is recetved 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.

38

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. Vacancies as a result of such an action 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.

When a 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 filling 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 an employee 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.

59

SECTION 2.03. Method of Payment. The Company shall make all payments to CoBank
under this Agreement and each Promissory Note and Supplement hereto by wire transfer of immediately
available funds, by check, or, if specified by separate agreement between the Company and CoBank, by
automated clearing house (ACH) or other similar cash handling processes. Wire transfers shall be made
to ABA No. 307088754 for advice to and credit of "“CoBANK" (or to such other account as CoBank may
direct by notice). The Company shall give CoBank telephonic notice no later than 12:00 noon
Company’s local time of its intent to pay by wire, and funds received after 3:00 p.m. Company’s local
time shal! be credited on the next Business Day. Checks shall be mailed to COBANK, Department 167,
Denver, Colorado 80291-0167 (or to such other place as CoBank may direct by notice), Credit for
payment by check will not be given until the latter of the next Business Day after receipt of the check or
the Business Day on which CoBank receives immediately availabie funds.

SECTION 2.04. Security and Guaranty.

(A) Security. The Company's obligations hereunder and under each other Loan
Document to which the Company is a party (whether executed contemporaneously herewith or at a later
date) shall be secured by a statutory first priority Lien on all equity which the Company may now own or
hereafter acquire or be allocated in CoBank and all proceeds thereof.

(B) Credit Support. In addition to the above, the Company’s obligations hereunder
and under each Promissory Note and Supplement hereto shall be guarantied by Pennichuck Corporation
(the “Guarantor”) pursuant to a guarantee of payment in form and content acceptable to CoBank (as
amended or restated from time to time, the “Guaranty”).

ARTICLE 3
CONDITIONS PRECEDENT

SECTION 3.01. Conditions Precedent to the Initial Promissory Notes and Supplements
Hereto. CoBank's obligation to make a loan or loans under the initial Promissory Note and Supplement
hereto (or, in the event that more than one Promissory Note and Supplement is being executed on the
date hereof, each initial Promissory Note and Supplement hereto), is subject to the following conditions
precedent, which, in the case of instruments and documents, must be in form and content acceptable to
CoBank:

(A) This Agreement. CoBank shall have received a duly executed original of this
Agreement.

(B) Guaranty and Related Documents. (1) A duly executed original Guaranty; (2)
copies, certified by the Secretary of the Guarantor as of the date hereof (or as of another date acceptable
to CoBank), of such beard resolutions, evidence of incumbency, and other evidence as CoBank may
require that the Guaranty has been duly authorized, executed and delivered by the Guarantor; and (3) an
opinion of counsel to the Guarantor, which counsel and opinion must be in form and content acceptable
to CoBank.

(C) Consent and Agreement. <A consent and agreement (the “Consent and
Agreement”) between the Company, Pennichuck Water Works, inc. (“PWW”), and CoBank in form and
content acceptable to CoBank.

(D) Secretary’s Certificate. CoBank shal! have received an original certificate of
the Secretary of the Company dated as of the date hereof (or as of another date acceptable to CoBank)

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: All members 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. Medical Screening) 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.

Limtt: 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 traming process for certification and regular assignment, provided medical
screening shows qualified.

60

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 ensure a 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
Tramimg. In the 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
traming 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 mitial 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
traming will be provided. Those programs are Underwater Vehicle Extrication,
Swift Water Operation, Ice Dive Rescue, and Black Water Operation, and this
training 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.

61

NFR agrees to provide all equipment required for the Dive Team members
to dive in dry suits, with full face protection (Aga Mask) and any 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 is 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. If a 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. In the event the Department determines that Fire Officers shall be
assigned to drive the Deputies’ cars, the assignments shall be offered first to Fire
Officers on a 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.

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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 1s 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. If the 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.

63

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, 2019, and will
remain in effect through June 30, 2023. Provided however, that on June 30, 2023,
and on each June 30th thereafter, this Agreement shall be deemed renewed and
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 for a new Agreement or
modification thereof, and the terms hereof shall 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 senda 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 that notice 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
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.

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IN WITNESS THEREOF, the parties hereto have hereunto set their hands on this
day of. , 2020.

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:

65

Fy2020 -July 1, 2019 through June 30, 2020 |

3.50%

APPENDIX A
Base 2184 Hours Probation Off Probation _|2 years 3 years 4 not 10 10 not 15 15 not 20 20 not 25 25+
Grade Grade Grade Grade Grade Grade Grade Grade Grade
Firefighter 100 101 102 103 104 105 106 107 108
49,937 52,460 55,108 57,892 60,156 60,754 61,365 61,977 62,599
Firefighter - Certified 1 211 212 213 214 215 216 217 218
53,709 56,420 59,270 61,587 62,202 62,826 63,453 64,088
Firefighter - Certified 2 221 222 223 224 225 226 227 228
53,568 57,462 61,638 65,477 66,130 66,791 67,460 68,135
Firefighter - Certified 3 231 232 233 234 235 236 237 238
54,843 58,830 63,106 67,035 67,704 68,383 69,066 69,757
Certified 1 EMS certification appropriate to date of hire and
Hazardous Material Awareness, Operations and
Decon and CDL-B if hired after 1/1/2012
Certified 2 Firefighter Level Iii or
Introduction to Technical Rescue or Equivalent
Certified 3 Certified 1 and Certified 2
Base 2184 Hours Probation Off Probation _|2 years 3 years 4 not 10 10 not 15 15 not 20 20 not 25 25+
Grade Grade Grade Grade Grade Grade Grade Grade Grade
Dispatcher* 100 101 102 103 104 105 106 107 108
49,937 52,460 55,108 57,892 60,156 60,754 61,365 61,977 62,599
Dispatcher - Certified 1 211 212 213 214 215 216 217 218
53,568 56,420 59,270 61,587 62,202 62,826 63,453 64,088
Dispatcher - Certified 2 221 222 223 224 225 226 227 228
53,709 57,462 61,638 65,477 66,130 66,791 67,460 68,135
Dispatcher - Certified 3 231 232 233 234 235 236 237 238
54,843 58,830 63,106 67,035 67,704 68,383 69,066 69,757

Certified 1

Certified 2

Certified 3

NIMS 700 - National incident Management Systems

NIMS 100 - Intro to the Incident Command System
APCO Telecommunicator 1

NIMS 200 - ICS for Single Resource & Initial Action Incident

APCO Fire Service Communicator and Certified 1

100 Milliamp System 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.

66