MEMORANDUM OF AGREEMENT
THE CITY OF NASHUA,
NASHUA FIREFIGHTERS’ UNION LOCAL 789
WHEREAS, the City of Nashua (“City”) is a municipal corporation organized under the laws of
the New Hampshire with an address of 229 Main Street, Nashua NH 03060.
WHEREAS, the Nashua Fire Fighters Union Local 789 (“Union”) is the exclusive bargaining
representative for all firefighters employed by the Nashua Fire Department (“Department”);
WHEREAS, the current CBA language relevant to the reserve military duty differential pay is
found in Article 28A of the CBA and states as follows: “An employee called to serve not more
than a seventeen (17) day annual training tour of duty with the National Guard or Armed Forces
Reserves will be paid the difference between his pay for such government service and the amount
of straight time earnings lost by him by reason of such service, based on the employee's regular
straight time rate and schedule. Such payments are to be made following the showing of
satisfactory evidence of the amount of pay received for such service;”
WHEREAS, the Union filed a grievance on February 18, 2019, alleging the City had made
changes to its method of differential payment to firefighters on reserve military duty;
WHEREAS, in order to avoid the expense and uncertainty of future litigation, the City and the
Union have agreed to the following terms contained in this Agreement;
NOW, THEREFORE, the parties hereby agree as follows:
1. The Union shall withdraw its grievance with prejudice.
2. The parties agree that Article 28A shall be amended as follows:
Annually, on a calendar year basis, an employee called to serve with the National Guard
or Armed Forces Reserves not more than two hundred and forty (240) hours, taken in either
ten (10) or fourteen (14) hour shifts, will be paid the difference between his pay for such
government service and the amount of straight time earnings lost by him by reason of such
service, based on the employee's regular straight time rate and schedule. Such payments
are to be made following the showing of satisfactory evidence of the amount of pay
received for such service;”
3. The parties agree the method of differential payment calculation shall be as follows: In any
given pay period, an employee who takes one or more 10-hour or 14-hour shifts off pursuant
to Article 28A shall have his or her pay reduced by the military daily rate that s/he received for
their military service performed on that day. The military daily rate will be compared to either
one 10-hour or one 14-hour shift, if only one shift is taken; or will be compared to a 10-hour
and a 14-hour shift added together, if those two shifts are taken together. Employees shall
provide the City with their estimated daily military rate prior to any leave request and within
the forty-five (45) day period following his or her return from such leave shall provide the City
with documentation establishing their actual daily rate. The employee shall make the City
whole for any overpayment in his or her next paycheck or several paychecks as determined by
the employee, the Union, and the City.
