MOTION APPEALING HEARING OFFICER'S DECISION

The Board, meeting at its offices in Concord, New Hampshire, on April 22, 1998, took the following actions:

1. It reviewed the County's appeal of hearing officer's decision on the issue of the validity of subpoenas
issued by a justice of peace for proceedings before the PELRB, (Decision No. 1998-015 dated February 26,
1998) as filed on March 25, 1998, as well as the Union's objections thereto as filed on April 9, 1998.

2. It examined the unfair labor practice (ULP) complaint filed by the Union on December 17, 1997 and the briefs filed by both the County and the Union on January 15, 1998, by agreement of the parties, as well as RSA 273-A:6 IV and Rule PUB 203.01. 

3. It reviewed the decision of the hearing officer (Decision No. 1998-015) in this matter dated February
26, 1998, and the text of RSA 516:3, and, in so doing, 2 took note of five considerations: (1) there is no limitation in RSA 516:3 proscribing use of subpoenas issued by a justice of the peace for proceedings before administrative agencies, (2) use of such subpoenas avoids a choke point at the agency level if there is a subpoena required on short notice or under unexpected circumstances, (3) the use of such subpoenas may improve efficiency in government by eliminating the need to continue a hearing to an additional day (4) there was and has been no pending motion to quash any of the subpoenas in question in the instant proceeding
because of hardship on the public employer, threat to public health, safety or welfare, or for any other reason, and (5) the use of such subpoenas issued by justice of the peace at the request of parties is consistent with administrative law practice generally. 

4. It DENIED the County's Motion Appeal the Hearing Officer's decision. 

So ordered. 

Signed this 8th day of May, 1998. 

/s/ Jack Buckley
JACK BUCKLEY
Alternate Chairman

By unanimous decision. Alternate Chairman Jack Buckley presiding. Members E. Vincent Hall and William Kidder present and voting.

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