International Brotherhood of Police Officers Petitioner v.  Town of Epping  Respondent

Case No. P-0765 Decision No. 1999-043

PRE-HEARING CONFERENCE MEMORANDUM AND ORDER BACKGROUND On April 13, 1999, International Brotherhood of Police Officers (IBPO) filed a petition for certification of a fourteen (14) member bargaining unit to consist of three positions: patrol officer (11), corporal (1) and sergeant (2). On April 28, 1999, the Town of Epping (Town) responded with its objections. The Undersigned hearing officer conducted a pre-hearing conference at the offices of the PELRB on May 11, 1999 at which time the following matters were decided. STIPULATED ISSUES 1. Whether there is a supervisory relationship within the meaning of the statute, RSA 273-A:8 II, between the sergeant positions and the patrol officers that would preclude membership in the same bargaining unit. 2. Whether there is a supervisory relationship within the meaning of the statute, RSA 273-A:8 II, between the corporal position and the patrol officers that would preclude membership in the same bargaining unit. 3. Whether there is a sufficient community of interest among the three positions (sergeant, corporal, patrol officer) to satisfy RSA 273-A:8 I. WITNESSES The Union will present three witnesses and the Town will present one witness. The Union's three witnesses are to be Sergeant Michael Wallace, Sergeant Richard Newman and Patrol Officer Sean Gallagher. The Town's one witness will be Police Chief Gregory Dodge. EXHIBITS The following exhibits will be submitted no later than five days prior to the hearing. These have not been marked but exhibit numbers have been reserved for that purpose. Joint Exhibit No. 1 - Epping Police Department's Rules and Regulations Union Exhibit No 1 - Copies of certification documents for bargaining units with these positions Town Exhibit No. 1 - Job description for patrol officer Town Exhibit No. 2 - Job description for sergeant Town Exhibit No. 3 - Job description for corporal Town Exhibit No. 4 - Job description for police chief METHOD OF CLOSING AND TIME REQUIRED The parties have agreed to oral closings. The Union will present its case in one hour. The Town believes it will require half an hour. Considering cross-examinations, one three hour period shall be reserved for this hearing tentatively to be scheduled for June 4, 1999. DECISION AND ORDER This matter is set forth for a hearing to be scheduled for June 4, 1999. The agreements of the parties addressed herein are adopted as they pertain to the hearing. So ordered. Signed this 25th day of May, 1999. /s/ Gail C. Morrison GAIL C. MORRISON Hearing Officer Back

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