Search

Base Calculations

Increases

over
Real Annual % Increase over Prior Year

Other Costs
Overtime -

Additional Hours
Team & Dive T
Certifications

Allowance (170 members additional

of Nashua

1

Educational Assistance (assumes $750 increase FY20) additional fixed amount of $1,000

thereafter)

over
over Prior Year

over
over Prior Year

FICA and Medicare (Blended)

over
over

Medical Insurance Costs 11.7% Inc
Dental Insurance Costs 0% Inc
Life Insurance Costs

over
over Prior Year

over
over Prior Year

Annual Total

Increase

Nashua Fire and Rescue Contract

99,040

527,864
254,900

142,996
673,630

102,000

260,949

731,095
180,447
436

5/19/2020-FY20 TO FY23 (14%) (3.5%3.5%3.5%3.5% with no change in Longevity) Fire costing Final 05_19_2020-Costing Sheet

3

180,447

25

7

1

63,664

4.04%

107,143

867
275,755

160.
715,800

110,500

21,750

5/19/2020

148,711 138,326

4.07%

116,196

1 530
299,055

182,467
776,589

110,500

23,750

306,015

3,401,871
1
27

AGREEMENT BETWEEN THE MAYOR AND THE BOARD OF FIRE
COMMISSIONERS OF THE CITY OF NASHUA, NEW HAMPSHIRE, AND
LOCAL #789, INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS

JULY 1, 20152019 -- JUNE 30, 20192023

INDEX
ARTICLE # PAGE #

1 - PULPOSES 0000... cece cece ccc e cece tee ee ee teeeeeeetteeeeeeetaeeeeesttseeesentesesentniseeesees 1

2 - Bargaining Unit and Exclusions .0....00..00000cccccccc cece eeeseeeetteetetseetteenes 1

3 - Union Security ooo. cece cece cece cts e eee tecnee tite eciseecteesettisteieetsieees 2

4 - Management Rights 0.0.0.0... ccc cece cece eee cee ects eeeeteeeeettieeetseeteieenes 2

5 - Conformity with Laws, Charter and Rules and Regulations .................... 3

6 - Indemnification... ccc cece cece cece stent tcneeeisteeteceettestetssectieeneenees 3

7 - Union Business .....00.000c ccc cece cece ects cece te cee cbeeeetseeestecssetitteteeesseees 4

8 - Negotiations 200.0... cc cece ceee eect ecte tects ceeeeeseecssessecseetiseeteeesieees 4

9 - Disciplinary Procedures ......0..0.0000c ccc cece cece ccee cess eeeeteeeeesteeteteeteieeses 4
10 - Union Dues ooo... c cece tne ects e eee te cee cbeeeiseecsteesesteeteiseeesieeses 6
11 - Protection of City Property and Equipment .......000.000.000cccccecccseeeeeees 6
12 - Safety and Health oo... cece cee cee cree ects eeteteeseetereetseenieenes 6
13 - Salaries ooo. ccc cece cee een ee el eeeebe tebe de cee setetetstecteesettisetiieecieenes 9
14 - Hours Of Duty 0.000 ce etree cee ee ete erect eetitecteeteetieeieees 8612
15 - OVELIIME ooo ceeccececeescccccccececesserersceecceseusttttraseeececeesnettttiseeecerss $814
16 - SOMIOTILY o.oo cece cece cece cnet tcbe tet de ete tieeeetieetieetietiieniieees 9320
17 - Personnel Reductions and Recall .........0 ccc ccceceeeesecceeeeceesesetretees 9421
18 - Appointments, Promotions and Demotions ...........0...00.cc ccc 9322
19 - Grievance Procedure 2.0.0... ccceceecesccccececeseestrsseeeceecesevstttiseeeeerss 40532
20 - Paid Holidays ....0..000 ccc cece cece cere etee eens eecteeteetiseettectseeteeneey 10634
21 - Paid Vacations 2.0.0... cccccccccccececeescscecccecceceeeesseeececeesuvttttiseeeceeeesnnees 40735
22 - Paid Sick and Injury Leave oo... coc cette cet tetseeneenneey H439
23 - Bereavement Leave .ii........ cece cece cccecceececccecceuveueeeeeeceeseesaeunneeesss H745
24 - Personal Leave ......... ccc ccccccccececcescscceeceeccecetsesseeececeesevstttiseeeeeeeesenes H845
24A- Extended Leaves of AbDSenCe 0... ccececcesccccccceecevetttsseeeeeeseesenees H946
25 - Longevity Bonus Pay 2.0.0.0... ccc ccc etc ec tects tteeeetstetteeneeteey H947
26 - Clothing Allowance .....00.00 ccc cece cece ete ects tecteeneetteeenieees 42948
27 - LOSING ooo cece ccc cet c ect ec e tbe teti eects etettiteeiitettieeneeneey H49
28 - Military Duty Pay 00.0000. c cece eects tee tteteetitenteeneeneey 42249
29 - Jury Duty Pay... ccc cect cece eet eeeeeetseeeeesessseeeetieeesentneees 42249
30 - Pension and Retirement .........0.00 ccc ccccccccceceecesscceececeeceestttsseeeeeeseesenees 42250
31 - Educational Assistance .0........0.ccccccccccccecceceeeesceeececeesevstttsseeeeceveeennnes 42250
32 - TNSULANCE ooo cece cece cece ee ee ee eeecceseseuuuneeeeeeeesesseunaaneeeseceeeseenaened 42451
33 - Mileage oo... ccc ccc cece cele e ese cee tine tbtseecteetettireeistetieeteeneey 42754
34 - Working Out of Classification ......00.000c cocci cece eet eeteeneetees 42755
35 - Bulletin Boards ....0.0 ccc ccceccecccsccccccececseeessseececeesevstttseeeeeeeeeeenees 42855
36 - ASSIQNMEMMS 0000... coc cc cece eee e cee ceee cette e tects etiseeteteceeseieetieeteees +2855

37 - Residency oo... cece cece cee eebe eects cee ctiesetstecteetesteeeeteeetieeies B663

38 - Savings Clause ooo... ccc cc ccc c cee ete ce cesses cbeeeetstensteetestieeeieeesieees B64
39 - Duration and Effect .........c ccc cccececeecescecccecceceuserseeeceeceeesetttriveeeeeeeesennes 8664
Appendix A—FY 2020... 66
Appendix B—FY 2020. a ssasansaanansaasan sansa zaazazzaazazzaazazzaazazzaaaaz2/4
Appendix C—FY 2022... 82
Appendix D—FY 2023... 90
Appendix E— Hazmat Team Flow Chart... 98

il

AGREEMENT BETWEEN THE MAYOR AND THE BOARD OF
FIRE COMMISSIONERS OF THE CITY OF NASHUA,
AND LOCAL -789 INTERNATIONAL ASSOCIATION OF FIRE
FIGHTERS

| This is an agreement made this_—_—s day of
by and between the City of Nashua, New Hampshire, by its Mayor and the Board
of Fire Commissioners duly authorized, hereafter referred to as the "City" and
Local 789, Nashua, New Hampshire, International Association of Fire Fighters,
hereafter referred to as the “Union”.

In consideration of the mutual covenants herein set forth, the parties hereto agree
as follows:

Article 1 — PURPOSES

It 1s the purpose of this agreement to achieve and maintain harmonious relations
between the City and the Union; to provide for equitable and peaceful adjustment
of differences which may arise and to establish fair and equitable standards of
wages, hours and other conditions of employment, and to continue the existing
harmonious relationship between the Fire Department and its permanent
employees, and to promote the morale, equal nghts, well-being and security of the
Fire Department's permanent employees.

Article 2 - BARGAINING UNIT AND EXCLUSIONS

The City hereby recognizes the International Association of Fire Fighters, Local
#789, as the sole bargaining agent and sole and exclusive representative of all
employees of the Nashua Fire Rescue Department, with the exception of the Chief,
the Assistant Chief, the Deputy Chiefs, general maintenance person, and other
civilian personnel for the purpose of bargaining with respect to wages, hours of
duty and working conditions. Employees in the bargaining unit who perform
office work are not included in these exceptions. This agreement shall apply to all
bargaining unit employees of the Fire Department as defined above, with the
exception that probationary employees in Article 16 may not use the grievance
procedure in cases of termination or discipline.

Article 3 - UNION SECURITY

A. Subject to compliance with applicable law, for the term of this
agreement or any extension thereof, all employees who are Union members on the
date of the execution of this agreement or who shall thereafter join the Union
during the term of this agreement shall remain members of the Union in good
standing as to payment of dues as a condition of continued employment by the
City, providing that the Union shall set a 15 consecutive day period during the term
of this agreement during which such members shall be able to withdraw their
membership in writing.

B. — Subject to all compliance with all applicable law, all new employees
employed during the term of this agreement shall within nine (9) months after their
hire, become members of the Union and continue as such as a condition of
continued employment. However, any such employee who withdraws their
membership from the Union shall render to the Union a service fee commensurate
with their fair share apportionment for the cost of collective bargaining and the
administration of this collective bargaining agreement. Such service fee may be
deducted pursuant to the terms of Article 10 of this agreement.

C. The City agrees that it will not discriminate against, intimidate or
coerce any employee in the exercise of his/her rights to bargain collectively
through the Union or on account of membership in or activities on behalf of the
Union.

D. _ It is also agreed that factors such as sex, race, color, national origin,
religion, lawful political or employee's organization affiliation, age, marital status
or non-disqualifying handicap are not considerations in evaluating the
qualifications of an employee or prospective employee.

E. It is also agreed that the parties hereto ascribe to and support the
implementation of the City of Nashua's affirmative action program.

Article 4 - MANAGEMENT'S RIGHTS

Except as otherwise expressly and specifically provided in this agreement, the
Union recognizes and agrees that the supervision, management and control of the
City's business, operations, working force and plant are exclusively vested in the
management of the City. Without limiting the generality of the foregoing, the

Union recognizes and agrees that the right to plan, direct and control the City's
business, methods, operations and working force; to hire, promote, transfer and
temporarily assign bid positions for absences in excess of 45 days, and lay off
employees, to grant leave, and lawfully and for just and proper cause, to demote,
discipline, suspend or discharge employees; and the right to determine the hours
and schedules of work and the work tasks and standards of performance for
employees, is vested exclusively in the City. The foregoing shall not be taken,
however, as a limitation upon the rights of the Union to negotiate for working
conditions and represent the employees covered hereby in the procedures provided
in this agreement and nothing in this agreement shall be so interpreted as to change
any benefits now enjoyed by employees unless such change 1s specifically covered
in provisions of this agreement other than this Article 4.

Article 5 - CONFORMITY WITH LAWS, CHARTER AND RULES AND
REGULATIONS

Mindful of all existing New Hampshire laws, the City of Nashua Charter and
Ordinances provisions, rules and regulations of the Nashua Fire Department and
every other applicable law, all provisions of this agreement shall be subject to and
consistent with such laws and regulations promulgated thereunder by the Board of
Fire Commissioners. The Union will be informed of any new rules and regulations
to be applied after the signing of this agreement and any such new rules and
regulations shall not be in conflict with or supersede any other provisions of this
agreement. The City of Nashua and the Board of Fire Commissioners agree not to
make any law or regulation or to adopt rules relative to the terms and conditions of
employment that would invalidate any portion of this agreement.

Article 6 - INDEMNIFICATION

The City will maintain in effect for the life of this agreement and will have all Fire
Department personnel named as insureds thereunder, the public liability insurance
in force on the effective date of this agreement, provided, however, that if the City
is unable to procure and maintain such insurance, it will indemnify the members of
the bargaining unit in the same manner and to the same extent as the City's present
insurance coverage now provides.

Article 7 - UNION BUSINESS

A. A grievant and one representative shall each be allowed one (1) hour
(without loss of pay if either or both are on duty) during duty hours to process
grievances at steps 1, 2 and 3 of Article 19.

B. The Union President, Vice President, Secretary-Treasurer, Steward-at-
Large and stewards shall each be allowed one duty shift per month to attend to
Union functions, provided they comply with Article 24, section C.

The President of the Union, or designee, shall be granted a total of up
to eight (8) duty shifts of paid leave annually for the purpose of Union business,
provided the Chief is given at least five (5) days’ notice prior to the leave
occurring.

C. All personnel shall have such additional rights, if any, as are granted
them under New Hampshire Revised Statutes Annotated Chapter 273-A (RSA
273-A).

D. Any officer of the Union who is required to attend a Union function or
perform other duties on behalf of the Union necessitating a leave of absence shall
apply in writing to the Chief and the Board of Fire Commissioners and may be
granted such leave without pay when in the opinion of the Chief it will not affect
the effective operation of the Fire Department. In the event an officer of the Union
is granted leave, he/she shall be required to provide a replacement who is qualified
in the opinion of the Chief or designee.

Article 8—- NEGOTIATIONS

All contract negotiations will be conducted by the Local #789 Executive
Committee with the Mayor and Board of Fire Commissioners, the Chief of the
Department and any other duly authorized personnel.

Article 9 - DISCIPLINARY PROCEDURES

A. It is agreed that the City has the right to discipline or discharge
employees for just cause. Discipline shall be corrective in its nature and
progressive in its severity. Disciplinary actions shall normally follow the order
below:

Verbal warning
Written warning
Suspension without pay
Discharge

eYN>

The City may deviate from the order above when the occasion or
severity of the offense warrants. In the event of suspension, demotion, or
discharge, or any other disciplinary action the reasons for the action taken will be
given in writing to the employee and the Union within 24 hours.

B. It is specifically agreed that any employee may be discharged for
reporting to work under the influence of intoxicating liquor or illegal substances,
becoming under the influence of intoxicating liquor or illegal substances while on
the job, or offenses involving moral turpitude. A sobriety test and/or the
appropriate testing for substance abuse is mandatory and any employee who
refuses such test(s) may be discharged at the option of the Department.

If any invasive test: blood, urine, breath or other test is used, a split
sample will be provided and the complete test results, procedures and chain of
custody will be made available to the Union and the employee within twenty-four
(24) hours of receipt.

C. Any employee disciplined or discharged shall, except in cases
involving conviction of a felony during the term of this agreement, be entitled to
the provisions of the Grievance Procedure under Article 19, and will be allowed a
representative of his or her choosing. If requested in writing by the employee, a
hearing must be held by the Fire Commission within seven (7) calendar days of the
disciplinary action or discharge.

D. — Provided that the employee has had no recurrence of discipline within
the specified period, verbal warnings will be removed from the verbal warning file
after six (6) months, and written warnings will be removed from the employee's
personnel file after twelve (12) months upon the employee’s written request.
Records pertaining to suspension shall be removed from the employee’s personnel
file after sixty (60) months upon the employee’s written request. The parties agree
that the warnings as well as the employee’s request shall be removed from the file
and returned to the employee within thirty (30) days of the request. The prior
unexpired discipline is carried during the period of any subsequent equal or greater
discipline.

Article 10 - UNION DUES

A. The City agrees to deduct, once each week, dues in an amount
certified to be current by the treasurer of the Union, from the pay of those
employees who individually request in writing that those deductions be made. The
total amount of the deductions shall be remitted by the City to the treasurer of the
Union. At the request of the Union, such remittance may be made by direct
deposit or electronic transfer to the Union's Bank.

B. The City shall have no obligation to collect dues or service fee
deductions in the event that an employee has no pay coming to him or her, or the
check is not large enough to satisfy the dues deduction, no deduction will be made
for that week.

C. In no case will the City collect fines or assessments for the Union
other than under A above.

D. The Union shall indemnify and save harmless the city in and on
account of any and all claims, suits and damages arising out of or in relation to
such dues or service fee deductions.

Article 11 - PROTECTION OF CITY PROPERTY AND EQUIPMENT

It shall be the responsibility of any employee having custody of any equipment and
property to see that it is properly cared for, kept clean and returned to its proper
place of storage. Drivers shall be responsible for all tools and equipment on their
assigned apparatus.

Article 12 - SAFETY AND HEALTH

A. The City and Union shall cooperate in matters of safety, workers
compensation claims prevention, health and sanitation affecting the employees.
There shall be established a departmental safety committee, a truck committee, an
equipment committee and other committees as may be mutually agreed upon by
the parties, each comprised of one private and one officer named by the Union and
the Chief or designee. The committee shall meet as necessary and will keep
minutes of all proceedings. A copy of the minutes and any reports issued by the
committee shall be posted at each station, and a copy forwarded to the Fire
Commission and the Union. There shall be compensation paid for attendance at
committee meetings by members of the bargaining unit unless they are on duty.

B. No employee shall be required to ride the rear of a hose wagon alone
except when a second employee is on emergency leave as specified in Article 15 or
24, or has called in sick under Article 22 unless the second employee is responding
to the same incident in another vehicle. The first employee will then ride alone

only until the second employee returns or his or her substitute arrives as specified
under Article 15 or 24.

C. The Department will first respond to each incident other than a brush
fire with an engine/aerial having not less than an officer, a driver and two fire
fighters. In the event of response by additional personnel, not less than two fire
fighters and one officer shall be assigned to each hose line. Under normal
operating conditions, any apparatus in active operation at a fire scene shall have an
operator. The only exceptions to the foregoing shall be as follows:

1. When one member of the group responding is engaged in first
responder duties.

2. When an officer is engaged in group training with other officers. In
that event an officer shall respond to a structure fire at the same time as the
first dispatch via separate vehicle.

3. When an employee is on emergency leave as specified in Article 15 or
24 or has called in sick under Article 22. In that event, less than the above
numbers of personnel will respond only until the absent employee on

emergency leave returns or his or her substitute arrives as specified under
Article 15 or 24.

4. When an employee becomes unable to perform his/her duties due to
illness or injury and leaves work after 0800 hours on the day shift or after
1800 hours on the night shift. Under no circumstances, however, will this
subparagraph result in more than one unfilled slot on a shift.

5. When a member is responding with another vehicle.

6. During EMS training there will be no more than 3 companies out of
service or 2 companies out of service and one company short one person
(every effort possible will be made to place as many members as possible on
a single piece of apparatus for the purpose of placing it out of service for
training).