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MOTION FOR REHEARING
The Board, meeting at its offices in
Concord, New Hampshire, on December 22, 1999, took the
following actions:
1. It reviewed the University's Motion for
Rehearing of the PELRB's affirmance of the hearing officer's
decision of October 20, 1999 (Decision No. 1999-106) as filed
December 17, 1999 with a supplemental letter filed December
22, 1999, and the Association's objections thereto as filed
December 27, 1999 with a supplemental letter filed January 4,
2000.
2. It again examined the Petition for
Certification filed by the Association on June 2, 1999, the
University's exceptions thereto filed on June 15, 1999, and
the parties' hearing memoranda both filed on September 28,
1999.
3. It reviewed the decision (Decision No.
1999-106) of the hearing officer dated October 20, 1999, its
affirmance thereof on December 9, 1999 (Decision No. 1999-125)
and Appeal of Town of Stratham (slip op., December 3, 1999)
which was addressed by counsel for each of the parties in
their respective
"supplemental letters" referred to in Item 1, above.
4. It DENIED the University's Motion for Reconsideration,
noting that the circumstances of the pending certification
petition do not reflect the circumstances of Appeal of Town of
Stratham in that the adjunct faculty who are the subject of
the pending petition are essential to the course offerings and
the teaching of the breadth of curriculum found at Keene State
College and are not temporary or call-in employees as shown by
the regularity of their employment and the longevity of the
employer-employee relationship between them and Keene State
College.
So ordered.
Signed this 11th day of January, 2000.
/s/ Jack Buckley
JACK BUCKLEY
Chairman
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