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| Teamsters
Local 633 of New Hampshire Plaistow Police Relief Association Complainant v. Plaistow Police Department Respondent |
Case
No. P-0748-11 Decision No. 2001-039 |
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PRE-HEARING MEMORANDUM and ORDER BACKGROUND
On March 5, 2001, the Teamsters Local 633 of New Hampshire,
Plaistow Police Relief Association (hereinafter referred to as
the "Union") filed an improper labor practice charge
pursuant to RSA 273-A:5 I (h) alleging that the Plaistow
Police Department ( hereinafter referred to as the
"Town") and its agents breached the parties'
collective bargaining agreement by failing to abide by an
earlier grievance ruling by the Police Chief granting certain
Earned Time Off (ETO) when a police officer's request for use
of ETO was denied. On March 14, 2001, the Town answered the
Union charges by denying the charge and asserting that the
parties were aware that full and immediate implementation of
the grievance decision would take an amount of time that
precluded the granting of the ETO to the police officer at the
time he made his request. The Town also asserts that this
matter, which had been originally filed as a grievance, should
not be heard by the PELRB because the appeal period of the
Step One grievance expired on December 7, 2000 and this unfair
labor practice charge is an attempt to avoid the result of
that aborted grievance. The Town believes that there is no
justification for the relief, i.e. five times the hourly rate,
sought by the Union. PARTICIPATING REPRESENTATIVES For the Union: Thomas D. Noonan, Business Agent and John D. Burke. Esq. For the District: Gary W. Wulf, Labor Relations Consultant ISSUE FOR DETERMINATION BY THE BOARD 1. Whether the Town breached the parties' Collective Bargaining Agreement by refusing to grant Officer Morgan the ETO requested? WITNESSES For the Union (Complainant): For the Town (Respondent): EXHIBITS For the Union: For the Town: Both parties reserve the right to amend their List of Exhibits 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. Copies of all exhibits are to be submitted to the presiding officer in accordance with Pub 203.02. It is to be understood by the parties that each party may rely on the representations of the other that the exhibits listed above will be available at hearing. LENGTH OF HEARING The time being set aside for this hearing as now consolidated with Case No. P-0748-12 is one 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 June 22, 2001. DECISION 1. By agreement of the parties, the instant matter and Case No. P-0748-12 shall be consolidated for purposes of the conduct of an evidentiary hearing. 2. The party representatives shall forward any amendments to their Witness and Exhibit lists detailed above to the opposing representative or counsel and to the PELRB no later than July 10, 2001. 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. 3. 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. 4. 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 Tuesday July 17, 2001 beginning at 9:30 A. M. Signed this 16th day of May, 2001.
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