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ORDER TO ARBITRATE
The parties, both represented by counsel and appearing before
the undersigned hearing officer at the offices of the PELRB in Concord, New
Hampshire on April 8, 1998, agreed to the following Stipulated Order in order to
dispose of the two above-captioned unfair labor practices:
1. The parties agree to proceed to arbitration on the
grievance filed by the LAEA dated January 14, 1998.
2. The issues submitted to the arbitrator shall be:
a) Whether Article 12, Section 6 of the parties' collective
bargaining agreement permits exempt
employees to accrue compensatory time.
b) Whether the Town has any obligation to compensate employees for accrued,
unused compensatory time upon the employees' separation from employment.
c) Whether the Police Department's decision that compensatory time must be
used within the pay period next following the one in which it was earned
violates the decision of Arbitrator Pagnano and/or the collective bargaining
agreement.
d) What amount, if any, of compensatory time has been accrued by Captain
Melnick.
3.The parties agree to submit these issues to Arbitrator
Pagnano.
4. The PELRB will retain
jurisdiction of this case pending the completion of the arbitration proceedings.
5. The parties will notify
the PELRB within thirty (30) days of the completion of the arbitration
proceedings.
If neither party requests reopening of the pending unfair labor practice cases
within that thirty (30) day period, the cases will thereafter be
administratively dismissed from the Board's docket of cases.
The hearing officer adopts the foregoing
stipulations of the parties as and for the order in this case.
So ordered.
Signed this 9th day of April, 1998.
/s/Parker Denaco
Parker Denaco
Hearing Officer
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