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temporary openings due to absence, and the absence of such employees for any
reason, will create a temporary opening under this Article.

L. | When a temporary opening occurs in the Permanent Fire Officer ranks
due to absence, a Permanent Fire Officer shall be used to cover the opening. In the
event the Department uses an employee to cover any opening created by the use of
the latter Permanent Fire Officer, that opening shall be offered to a Permanent Fire
Officer on the voluntary overtime list under Paragraph F above. When any
additional opening occurs in the Permanent Fire Officer ranks, that opening may be
offered to an Acting Fire Officer or a Permanent Fire Officer on the voluntary
overtime list under Paragraph F above. In the event no Fire Officer on the list
under Paragraph F above fills a temporary opening created by a Permanent Fire
Officer absence, any Permanent or Acting Officer may be required to work
overtime. Any Permanent or Acting Officer required to work overtime may, at the
employee's option, allow a Permanent Fire Officer or Acting Fire Officer to work
the overtime, provided that the Permanent Fire Officer or Acting Fire Officer is
qualified in the opinion of the Chief or designee. All coverage of openings under
this paragraph shall be paid in accordance with Article 15, Paragraph A. The above
should not be construed as to prohibit the Officer in Charge from assigning the
replacement Fire Officers to work specific work areas.

M. When atemporary opening occurs in the Permanent Fire Private ranks
due to absence, the following shall apply:

1. All temporary openings due to absence shall be offered to
Permanent Fire Privates on the voluntary overtime list under Paragraph E
above to be paid in accordance with Article 15, Paragraph A.

2. If an overtime opportunity to fill a temporary opening is not
filled by a Permanent Fire Private whose name is on the overtime list under
Paragraph E, any Fire Private may be required to cover the opening shall be
paid in accordance with Article 15, Paragraph A. Any Fire Private required
to work overtime may, at the employee's option, allow another Fire Private
to work the overtime provided that Fire Private is qualified in the opinion of
the Chief or designee. The above should not be construed as to prohibit the
Officer in Charge from assigning the replacement Fire Privates to work
specific work areas.

N. Notwithstanding the provisions of Paragraphs A through L above, in
the event the Commission takes one or more pieces of apparatus out of service by

17

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Page 1

reason of operational requirements, and there are either temporary or permanent
reductions in staffing because of that Commission action, those employees affected
by the temporary or permanent reductions shall be assigned to fill permanent
vacancies for which they are qualified, and the first opportunity to cover temporary
vacancies for which they are qualified on a straight time basis before the temporary
vacancy coverage is made on an overtime basis. The Department will give the
Union notice in accordance with Article 12, Paragraph D, prior to taking one or
more pieces of apparatus out of service, except for normal maintenance and
repairs.

O. In the event that an employee is injured or becomes ill while working
overtime and is not able to return to work, the injured or ill employee shall receive
all benefits provided in Article 22 (Paid Sick and Injury Leave). In the event that
an employee is replacing another employee or is working regular overtime, and
becomes ill from a non-work-related cause, he/she will be paid for the hours of
overtime hired and the hours not worked shall be deducted from his/her sick leave.

P. Certain Overtime Callback Procedures.

1. Emergency Overtime — In the event that an emergency need
(multiple alarm, etc.) for overtime work occurs, Fire Alarm will notify those
members who live out of the immediate area last, the immediate area is
defined in Article 37, Section B. Members after being notified of the
emergency shall respond to the emergency within one hour of being notified
or the member will be considered as not having reported for duty and,
therefore, no compensation will be due. However, if such a member is
assigned duties by the Chief or designee upon his/her late arrival, the
member will be compensated commencing at the time such duties are
assigned.

2. Voluntary Overtime

a. Those members on the overtime list who live out of the
Nashua area would be called.

b. Each member, after being notified that s/he has overtime

and at which station, shall fill the vacancy within one hour of being
notified.

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C. If the person contacted is unable to fill the vacancy
within the hour s/he shall make arrangements so that the vacancy shall
be filled within the hour.

d. In order to provide for the most efficient replacement of
personnel in the event of a vacancy, the Department and Union may
agree to a modified method for notifying personnel on the voluntary
overtime list.

3, Detail Overtime List

The Fire Department shall establish a rotating list in order to provide
for the equal distribution of assignments within this detail classification.
Qualified members who agree to work the detail will be paid one and one
half times their regular rate of pay with a (2) two-hour minimum pay rule.

Detail lists will be comprised of members who volunteer to be on the
lists and shall rotate with senior members placed at the top of the list. Detail
lists will not be used to cover vacation or sick leave vacancies, unless agree
to by the Department and Union. Detail lists will be posted each January for
a period of fifteen (15) days to allow members to join or exit the list.

Work that is specific to a division or classification and requires
specific training or certification:

This detail work opportunity will be offered to individuals in the
division or classification. If it is determined by agreement of the Department
and Union that a genuine need for additional, trained, members to fill
temporary vacancies or detail work opportunities exists, then, a list of
prerequisites/training a member needs to attain in order to be placed on a
covering detail list will be agreed upon by the Department and Union.
Detail or overtime opportunities may then be offered to members on this
Specifically Trained Detail List, with due regard to seniority, only after all
members in the division or classification that normally cover the opportunity
are given the chance to fill the need for all members are unable to work due
to too many hours already worked in the pay week. In the event that a detail
or temporary vacancy exists and must be filled and all members of the detail
list are not interested, the responsibility to fill this need will always be
relayed to the normal covering division or classification regardless of hours
work, (examples of work that will be pertinent to this paragraph will include,

19

but not be limited to: dispatcher coverage during hardship periods, certified
instructor work, inspections, line work, mechanic work).

4. Administrative Overtime

Members who are requested to attend administrative or committee
meetings outside of their normal scheduled work hours shall be compensated
one and one-half (1 1/2) times their hourly rate with a one hour minimum.
No physical labor is to be performed by attendees on administrative
overtime. Work details or activities requiring labor by any attendee are not
considered administrative overtime.

Article 16 —- SENIORITY

A. Seniority shall be determined to be the period of uninterrupted
employment with the Nashua Fire Department and Nashua Fire Rescue since the
last date of employment. The City shall establish a seniority list, and it shall be
brought up to date each year during the month of November and posted on all fire
station bulletin boards for a period of not less than thirty (30) days, and a copy
mailed to the Secretary of the Union. Any objection to the seniority list as posted
shall be reported within thirty (30) days of the end of the posting period by the
individual employee. Seniority will commence from the first day of employment
on a full-time basis as a probationary employee. Corrections to the seniority list
brought to the City's attention after the thirty (30) day period will be corrected, but
would not negate any benefits already awarded based on seniority.

B. In the event of more than one employee being hired simultaneously,
after July 1, 1989, the order of seniority will be determined by the dates that the
Department received the application from the employee. If date of hire and the date
the application is received are the same, employee seniority will be determined
alphabetically by last name.

C. — All newly hired employees shall serve a probationary period of nine
(9) months or complete Career Fire Fighter certification, whichever comes later,
and shall have no rights based on seniority during this period. They shall, however,
insofar as applicable, be subject to all other clauses in this Agreement with the
exception of the use of the grevance procedure for termination or discipline
reasons. All employees who have completed said nine (9) months of service or
Career Fire Fighter certification, whichever comes later, shall be known as
permanent employees and the probationary period shall be credited as part of the

20

employee's seniority. The City agrees to provide training for certification as Career
Fire Fighter at its expense in accordance with State law. In the event the employee
is absent by reason of illness or injury, the Department may, at its discretion,
extend the probationary period by the amount of time absent over seven (7) duty
shifts during that nine (9) month probationary period, up to three (3) additional
months.

D. In addition to the bargaining unit seniority list, Nashua Fire Rescue
shall establish a time in rank seniority list for each division. Time in rank in any
division shall commence on the first day at work in that division and end when the
employee leaves the division for any reason.

Article 17 - PERSONNEL REDUCTIONS AND RECALL

A. — In the case of a reduction of personnel within the bargaining unit, the
employee with the least seniority shall be laid off first. In the event an employee
must be involuntary demoted as a result of a reduction of personnel, such demotion
shall be accomplished in accordance with the time in ranks seniority list for the
division and the employee with the least seniority shall be demoted first.

B. The names of employees laid off from the bargaining unit will be
maintained on a recall list for two years from the date of layoff and such
employees will be offered recall in the order of greatest seniority if vacancies occur
in their job classifications. If a laid off employee is notified by telephone or by a
letter sent to his/her last known address on the records of the Fire Department to
return to work, he/she must notify the Department within two (2) days of his/her
intentions to comply or accept and must report to work within ten (10) days of such
notification or he/she shall cease to have any rights based on seniority and shall be
terminated. Recalled employees who return to work will be credited with prior
length of service, provided such employee has not withdrawn his/her contributions
from the State Retirement System.

C. — If a driver's job is totally eliminated or is not covered on a 24-hour
basis, any driver affected shall be given the opportunity to fill another full-time
driver's job of his or her choice on the basis of seniority, unless he or she is shown
not to be qualified. In the event of reassignment, the driver shall be obligated to
complete only the remaining portion of his/her driver probationary period not
completed at the time of reassignment.

21

D. Any employee demoted as the result of a reduction of personnel
which is involuntary and non-disciplinary will be maintained on a list. Employees
who are on the demotion list shall be reassigned to fill any vacancies that may
occur in the division from which they were demoted in according with the
demotion list and time in ranks seniority list for the division.

Article 18 - APPOINTMENTS, PROMOTIONS AND DEMOTIONS

A. — The State of New Hampshire Fire Service Training Division or an
equivalent organization agreed upon in writing by the City and the Union shall
conduct and supervise written examinations for available promotions within the
Nashua Fire Department which are specified below and which specify a
requirement for such examination.

B. The Testing Agency shall submit to the Board of Fire Commissioners
the names of the candidates who pass the written examinations for each available
promotional opportunity.

C. All promotions to classifications in the bargaining unit and to the
Deputy Chief and Deputy Chief-Training classification out of the unit shall be
made from the ranks in accordance with the procedures set forth under this
Paragraph C, and in Paragraphs D through N below, unless those from the ranks
are shown not to be qualified. Qualifications, in part, for the rank of Lieutenant,
Acting Lieutenant, Fire Alarm Lineman, Inspector/Public Education Officer,
Assistant Superintendent, Inspector/Investigator, Fire Marshall, Superintendent,
Captain, Deputy Chief and Deputy Chief Training shall be determined by a written
examination conducted by the Testing Agency. A passing mark of seventy percent
(70%) must be attained. Years of service on the Nashua Fire Department will add
one (1) point for each year of service in-grade-4pte+en10}-yearsand-one-half

position, one (1) point for each year of service in the Nashua Fire Department will
be added to the passing written examination mark. A passing written examination
mark of seventy percent (70%) must be attained before such seniority points are
added. Seniority points shall be calculated based on the effective date of the test
results, and shall be recalculated based on the date each vacancy occurs. Seniority
points shall be added only once.

D. _ For vacancies in Specialist Divisions, the five (5) candidates who pass
the examinations and attain the highest combined scores of the examinations and

22

seniority points shall be the eligible candidates considered in accordance with
promotional policy by the Fire Commissioners for the first vacancy._ However, for
vacancies in the Fire Marshal Division, as of January 1, 2021, to be eligible to take
the exam, members must have their Fire Inspector _I and Fire Investigator
certifications. For each additional vacancy, the candidate who attains the next
highest combined scores shall be added to the list of candidates. If the foregoing
process results in there being less than five (5) candidates available for
consideration, the Fire Commission shall consider the candidates who do pass the
examinations in accordance with previous arbitration decisions. In the event the
Fire Commissioners wish to consider candidates' conformance to performance
standards, written copies of such performance standards shall be furnished to each
member of the bargaining unit at least six (6) months prior to the date of such
consideration. As part of the testing process, the Fire Commissioners may require
all candidates for positions in the Mechanical and Fire Alarm divisions to
participate in a practical skills examination process. This Paragraph D shall apply
to all promotions to classifications other than Deputy Chief, Captain, and
Lieutenant.

E. The written examinations for Lieutenant and Acting Lieutenant will
be given in March. The day of the written examination will be rotated through the
four different platoons. The results of the written examination will stand for
twenty-four (24) months from May | next following the administration of the
examination. The posting for the examinations will contain the information in
items (1) and (2) of Paragraph I. For the rank of Lieutenant, the nine (9)
candidates who pass the written examination and attain the highest combined
scores of the written examination and in-grade service year points shall be the
eligible candidates considered in the interview process described in Paragraphs J

and K below. +bese—-seeres cet beseeatable tench shee eHhe premetonit
pfeees.

F. Written examinations for Captain and Deputy Chief will be given in
March or April. The list of those who pass the written examination will stand for
twenty-four (24) months from May | next following the administration of the
examinations. For the rank of Captain, the six (6) candidates who pass the written
examination and attain the highest combined scores of the written examination and
in-grade service year points shall be the eligible candidates considered in the
interview process described in Paragraphs J and K below. For the rank of Deputy
Chief, the three (3) candidates who pass the written examination and attain the
highest combined scores of the written examination and time in-grade points shall
be the eligible candidates considered in the interview process described in

23

Paragraphs J and K below. -hese-seoreswitt -be-available-at-each—stageofthe
promotor harecess

G. In the event that there is a tie for the ninth (9") candidate for a
Lieutenant vacancy; the sixth (6") candidate for a Captain vacancy; or the third
(3) candidate for a Deputy Chief vacancy, all candidates affected by the tie scores
shall continue in the process.

Should a tie occur as noted above, then at the Deputy Chief and oral
interview steps (Paragraphs J and K), the highest ranked candidate shall be given a
number equal to the number of candidates being considered and then so on to one
(1) point for lowest ranked candidate. However, in no case shall the final
promotional lists exceed the following number of candidates:

Lieutenant nine (9);
Captain six (6); and
Deputy Chiefs three (3).

H. Promotional opportunities occurring because of vacancies and new
positions which the Fire Commissioners wish to fill on a permanent basis, and for
which qualified candidates are not available on a current list under D, E and F
above shall, except in an emergency be posted within ten (10) days after the
vacancy occurs. The test date for each such vacancy shall be posted for a period of
twenty (20) days, and each person eligible to take the test who is on vacation or
other extended leave shall be sent a notification of the posting by mail. For
positions in the Suppression Division, the tests shall not be scheduled earlier than
six (6) months after the initial date of posting to allow for study time. For
positions in the Specialist Division, tests shall not be scheduled earlier than-fers—
frve{45)_ ninety (90) days after the initial date of posting to allow for study time.

I. All test postings shall include the following information:

1. The study materials on which the examinations will be based.

24

2. All tests will be based upon relevant sources not to exceed
1,400 pages of material. Starting January |, 2021, all tests for the Fire
Marshal Division will be based upon relevant sources not to exceed 1,000

pages of material.

J. The names of all eligible candidates as defined in Paragraphs C
through F above shall be submitted by the Assistant Chief to the Deputy Chiefs for
their recommendation, no scores will be provided only that the candidate has
passed and is moving on in the promotional process. The Deputy Chiefs, meeting
together, shall review and consider each candidate's abilities, past performance,
and compliance with Nashua Fire Rescue rules and regulations. The Deputy
Chiefs, acting as one body, shall rank the candidates relative to each other. For
Lieutenant candidates, the Deputy Chiefs shall give their highest ranked candidate
nine (9) points and so on to one (1) point for their lowest ranked candidate. For
Captain candidates, the Deputy Chiefs shall give their highest ranked candidate six
(6) points and so on to one (1) point for their lowest ranked candidate. For Deputy
candidates, Deputy Chiefs shall give their highest ranked candidate three (3) points
and so on to one (1) point for their lowest ranked candidate. The rankings shall be
given in a sealed envelope to the Human Resources Department at the conclusion
of the Deputy Chiefs’ review and consideration. The Deputy Chiefs’ ranking shall
be provided by the Human Resources representative to the panel set forth in
Paragraph K below prior to the oral interview process and to the Board of Fire
Commissioners at the time the final promotional lists are determined. Should the
Deputy Chiefs be unable to reach agreement on the rankings for any position, the
procedure set forth in Paragraphs K. 3 & 4 below shall be utilized. In the case of a
tie score between candidates, the candidate with most time in-grade shall be ranked
higher.

K. — The oral interview process shall be administered as follows:
1. Eligible candidates as defined in Paragraphs D through H above

shall be interviewed by a panel that consists of a quorum of the Board of
Fire Commissioners and the Chief of the Department or designee.

2. A representative from Human Resources will assist in the
process.
3. After all eligible candidates have been interviewed, each panel

member shall rank the candidates relative to each other. For Lieutenant
candidates, panel members shall give their highest ranked candidate nine (9)

25