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| Winchester
Teachers Association/NEA-NH Complainant v. Winchester School Board Respondent |
Case
No. T-0317-8 Decision No. 2001-041 |
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PRE-HEARING MEMORANDUM and ORDER BACKGROUND On May 11, 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), (b), (c), (d) and (g), alleging that certain actions of the Winchester School Board, (hereinafter referred to as the "School Board") and its agents constitute interference with the administration of the Association, were undertaken to discourage employees' activity related to the Association and discriminated against an employee because of her participation in the Association's filing of a modification petition, all in contravention of the statutory rights afforded to the employees and violative of the recognized status quo doctrine. Further, that the School Board actions described were taken in retaliation against the individual employees' actions in participating in the March 27, 2001 filing of a previous petition before the PELRB. The Association seeks relief in the form of a cease and desist order from the PELRB preventing unlawful attempts to intimidate and discriminate against employees whose positions are subject to the Association's Petition to Modify the existing bargaining unit now docketed as PELRB Case No. T-0317-6. The Association also seeks an order to restore certain compensation to the positions of social worker and guidance counselor and to compel the School Board to give effect to a contract previously executed by the social worker that was withdrawn subsequent to the Association's filing of the modification petition. Lastly, the Association requests that all affected employees be made "whole" for all loses suffered. The Winchester School Board received notice of the Association's filing, in hand, at a previously scheduled Pre-Hearing Conference on other matters between the two parties that had been presented to the PELRB. (See Case Nos. T-0317-6 and T-0317-7). The parties generally discussed this instant matter with the Hearing Officer particularly in relation to procedural matters. The Hearing Officer indicated that in light of the other matters pending before the PELRB involving these two parties, consolidation or other procedural steps may be employed and that a separate Pre-Hearing Conference on the instant matter may be suspended to serve the economies of administrative justice and to address the relief requested. The School Board indicated that it would need to review this instant matter in detail before answering and it did file its answer on May 22, 2001. In the School Board's answer, it generally admits that the manner of calculation of payment of the guidance counselor positions and the social worker position was changed, but indicates that certain decisions of the School Board were made prior to the filing of any complaint by the Association and were based upon legitimate business reasons. It generally admits that certain job description changes were made though asserting that this was done solely to conform them to past performance and to make them consistent with the expectations of management. It generally denies that any actions were undertaken by the School Board to discriminate against any employee or discourage any employee from participating in the Association. Likewise, it denies any actions were made in retaliation for anything undertaken by an employee or the Association. It further asserts that any actions undertaken by it were not "unilateral" in contravention of the statute. The School Board primarily requests that the PELRB to dismiss the Association's complaint. ISSUE FOR DETERMINATION BY THE BOARD 1. Whether or not the decisions regarding modifications of payment and job descriptions regarding the two (2) guidance positions and the single school social worker position were made in violation of the above cited provisions of RSA 273-A. LENGTH OF HEARING The time being set aside for this hearing is one half day. This matter is to follow immediately upon the conclusion of Case No. T-0317-7 which involves another complaint of the Association against the School Board. 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 4, 2001. DECISION 1. The party representatives shall forward complete Witness and Exhibit lists to the opposing representative or counsel and to the PELRB no later than June 14, 2001. The party representatives shall also 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. 2. Any party that believes that it has properly and seasonably requested the production of any relevant document from the other party which it believes that party is in possession of, or has control over, said document and has not been provided with that document shall immediately inform the PELRB, in writing, of the document(s) requested, the date of the request, the date of the refusal to respond or to failure to comply with the request by the other party, and the purpose for which the party seeks the document from the other. 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 Thursday, June
21, 2001 beginning at 1:30 P. M. or at the conclusion of Case
No. T-0317-7, whichever occurs first. Signed this 24th day of May, 2001.
/s/ DonaldE.Mitchell
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