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Winchester Teachers Association/NEA-NH Complainant v. Winchester School Board Respondent |
Case
No. T-0317-7 Decision No. 2001-036 |
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PRE-HEARING CONFERENCE MEMORANDUM and ORDER BACKGROUND On April 2, 2001, the Winchester Teachers Association/NEA-NH, (hereinafter referred to as the "Association") filed an improper labor practice charge pursuant to RSA 273-A:5 I (a), (c), (g), (h), and (i) alleging that the Winchester School District, (Respondent) and its Assistant Superintendent failed to bargain in good faith, and imposed a method of certification that discriminated against a teacher in retaliation for that teacher's union activities. The Association seeks relief in the form of an order of the PELRB "grandfathering" the subject teacher/union official, maintaining the subject individual as a computer teacher, paying for all costs of the individual's completion of the certification process, and making the subject individual "whole" for all losses suffered. On April 11, 2001, the Respondent School District answered the Association charges by first asserting that the Association has presented insufficient facts to support any violation of the parties' collective bargaining agreement then specifically denying that any discriminatory action was undertaken against the subject teacher/union official and requesting that the PELRB dismiss all alleged statutory violations. PARTICIPATING REPRESENTATIVES For the Association: Mary E. Gaul, UniServ Director, NEA-NH For the Board: Douglas S. Hatfield, Esquire for Margaret-Ann Moran, Esquire ISSUE FOR DETERMINATION BY THE BOARD 1. Whether or not the actions undertaken by the Board and its agents, including its Assistant Superintendent, relating to Richard Durkee's certification and consequent non-renewal constituted discriminatory or retaliatory actions that are prohibited by the parties' collective bargaining agreement or operation of RSA 273-A:5, I. WITNESSES For the Association (Petitioner): For the District (Respondent): Both parties reserve the right to amend
their List of Witnesses in conformity with the schedule
contained in the DECISION SECTION appearing at the conclusion
of this order, or upon proper showing, later reasonable notice
to the other party. It is understood that each party may rely
on the representations of the other party that witnesses
appearing on their respective list will be available at the
hearing. EXHIBITS For the Association: For the Board: LENGTH OF HEARING The time being set aside for this hearing is one half day. If either party believes additional time is required, written notice of the need for additional time shall be filed with the PELRB no later than May 30, 2001. DECISION 1. The parties have agreed to cooperate in further identifying specific pieces of correspondence, contracts and standards relating to this matter that they may respectively seek to enter into evidence. The parties shall therefore confer and produce to the other such documents as exist and are in their possession or control on or before May 29, 2001 at 4:30 P.M. 2. The parties shall also cooperate to obtain any relevant documents or copies of documents presently in the possession or control of the New Hampshire Department of Education. 3. The party representatives shall provide any amendments to their Witness and Exhibit lists detailed above to the opposing representative or counsel and to the PELRB no later than June 15, 2001 at 4:30 P.M. The party representatives shall meet, or otherwise arrange, to pre-mark all exhibits, for identification, prior to the time of hearing and have sufficient copies available for distribution at the hearing as required by Pub 203.02. 4. Any additional preliminary, procedural or dispositive motions shall be filed by the parties no later than fourteen (14) calendar days prior to the scheduled hearing date. 5. Unless otherwise ordered as a result of
the filing of any subsequent motion, an evidentiary hearing
between the parties is scheduled to be conducted at the Office
of the Public Employee Labor Relations Board on Thursday, June
21, 2001 beginning at 9:30 A. M.
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