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APPEARANCES
Representing Teamsters Local 633 of New Hampshire:
Thomas D. Noonan, Business Agent
Representing Town of Hooksett Police Department:
Renny Perry, Consultant
Also appearing:
Jacques Plante, Hooksett Police Department
Charles Pelton, Hooksett Police Department
Tom Ketch, Hooksett Police Department
Ken Chamberlain, Hooksett Police Department
Gary Blanchette, Hooksett Police Department
James Oliver, Chief, Hooksett Police Department
BACKGROUND
On December 4, 1997, Teamsters Local 633 of New Hampshire
filed a petition to modify the existing bargaining unit within the Hooksett
Police Department by adding sergeants and the head dispatcher. On December 18,
1997, the Town of Hooksett filed its response. The Town objects to the
modification based on the supervisory nature of the positions and because the
criteria of Rule PUB 302.05 have not been met. The matter was heard before the
undersigned hearing officer on February 6, 1998.
FINDINGS 0F FACT
1. The Town of Hooksett employs police officers and other
personnel to operate the Hooksett Police Department and so is a ”public
employer” within the meaning of RSA 273-A:l X.
2. Teamsters Local 633 of
New Hampshire was certified as the exclusive bargaining representative for all
full-time police officers on December 10, 1990.
3. The bargaining unit
composition was modified to include dispatchers, the administrative clerk and
the receptionist on November 14, 1995. The chief of police, lieutenants,
sergeants, secretaries, dog officers and prosecutor were excluded.
4. The head dispatcher
acts in a sole similar to a sergeant. This position is in charge of the dispatch
functions and personnel for the Hooksett Police Department and is responsible to
the chief through the lieutenant. The chief dispatcher schedules staff,
disciplines and commends, and evaluates those whom he supervises. (Joint Exhibit
No. 2).
5. Charles Pelton has been
a sergeant since 1991. He does patrol work and answers to the lieutenant. He is
a patrol sergeant who supervises a shift, enforces rules and regulations and is
responsible for the satisfactory performance of those on his shift. He does
performance appraisals of his officers, (Town Exhibit No. 4), and confers with
the chief on his shift’s performance every two months. Sergeants can give oral
reprimands and written recommendations for more severe discipline. The sergeant
may relieve an officer not fit for duty and may decide which matters are serious
enough to warrant reporting to the lieutenant or chief. (Joint Exhibit No. 1).
Sergeants sit on oral boards and participate in the hiring process.
DECISION AND ORDER
No reorganization or significant change in
duties has been ple that would warrant a modification of the bargaining unit.
Rule PUB 302.05. The testimony and evidence presented is not convincing that the
composition of this bargaining unit is incorrect. The sergeants and head
dispatcher have true supervisory authority which is exercised as they carry out
their daily duties. RSA 273-A:8 11. The petition to modify the
bargaining unit at the Hooksett Police Department is denied.
So ordered.
Signed this 17th day of March, 1998.
/s/ Gail C. Morrison
GAIL C. MORRISON
Hearing Officer
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