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| University
System of New Hampshire Petitioner v. American Association of University
Professors v. University System of New Hampshire Respondent |
Case
No. U-0613-12
Case No. U-0613-13 |
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PRE-HEARING DECISION AND ORDER In the absence of a new Collective
Bargaining Agreement (CBA), the parties have continued to
operate under the existing CBA which was to have expired June
30, 1998. The parties have, since March 6, 1998 been
unsuccessful in reaching agreement to a successor CBA. The
parties have also participated in both mediation and
fact-finding, again resulting in no final resolution.
Injunctive relief, sought by the University System in the
court system has been denied. The parties seek resolution
before this Board. Thereafter, the Association filed unfair labor practice charges on February 10, 2000, pursuant to RSA 273-A:5 I (a), (d), (e) and (g) alleging that actions of the University System in filing its complaint with the PELRB constitutes an attempt to restrain, coerce or otherwise interfere with the Association members in the exercise of rights conferred by RSA 273-A and the above referenced constitutional rights of free speech and Association. Also, in its complaint the Association alleges that the relief sought by the University System constitutes an attempt to improperly dominate or interfere in the formation or administration of an employee organization in violation of RSA 273-A:5, 1(b). The primary relief sought by both parties in
these two cases, now consolidated for hearing, consists of
each party seeking cease and desist orders to issue against
the actions of the other, pending full hearing on the merits
of the respective complaints. The University further requests
relief in the form of an immediate order compelling the
Association to undertake certain public acts that would result
in the withdrawal of any previous orders, directions, requests
or suggestions to any persons consistent with the University
System's allegations of actions related to a strike or other
job action. For the Complainant/Cross Respondent
University System of New Hampshire: For the Respondent/Cross Complainant
American Association of University Professors: STIPULATIONS The parties stipulated as follows: 1. The two cases, numbers U-0613: 12 and U-0613: 13, are hereby consolidated for all purposes. 2. The parties agree to meet and confer to develop an "Agreed Statement of Facts" relevant to both cases. It is further understood that said statement may include several concise expressions of concern of William Farrell, on behalf of the University System, as to the consequential harm to the University System, in the event of a strike by the Association. 3. In the event that the parties are able to stipulate as to the relevant facts and to stipulate that William Farrell, in good faith, holds the concerns expressed and made a part of the the "Agreed Statement of Facts", said document shall be executed by both counsel and filed with the Board on or before April 26, 2000. If the parties cannot agree as to the language to appear in said document expressing the specific nature of assent of the Association as to those concerns expressed by William Farrell, then the parties shall submit, to the Board by said date, the "Agreed Statement of Facts" document containing the facts which have been stipulated and separate individual statements of the nature and scope of their disagreement as to the expression of concerns by William Farrell. 4. In the event that the parties do submit
an unqualified "Agreed Statement of Facts" by April 5. Thereafter, the parties specifically agree that the Board may render its decision and make such orders as necessary based upon the "Agreed Statement of Facts" as submitted and the relevant law as applied without the need for further hearing, unless the Board determines, sua sponte, that the testimony of witnesses or oral arguments of law by counsel are necessary. 6. In the event that the parties are unable to come to agreement on all relevant facts, then each shall notify the Board on or before April 26, 2000, in which case they shall submit their "Agreed Statement of Facts" containing those facts upon which they have agreed. The Board will then schedule an evidentiary hearing, in its normal course, to hear testimony and receive evidence on relevant facts remaining in good faith disagreement. 7. Should an evidentiary hearing be deemed
necessary in accordance with Paragraph #6, above, the parties
shall exchange their final witness lists and final exhibit
lists and submit the same to the Board no later than five (5)
business days before any such evidentiary hearing is to be
conducted. Thereafter, additional witnesses and exhibits shall
be allowed only upon a showing that reasonable efforts would
not have revealed the necessity of such testimony or
submission of such evidence before that time.
Sent to : William G. Meserve, Esq. |
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