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| SEA,
Local 1984 SEIU, Belknap County Jail Employees Petitioner v. Belknap County, Department of Corrections Respondent |
Case
No. S-0333-3 Decision No. 2002-019 |
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PRE-HEARING CONFERENCE
MEMORANDUM AND ORDER The SEA, Local 1984 SEIU, Belknap County
Jail Employees, (hereinafter referred to as the
"Union") filed unfair labor practice charges on
December 12, 2001 pursuant to RSA 273-A:5 I (a), (d), (g), (h)
and (i) alleging that the Belknap County, (hereinafter
referred to as the "County"), through the conduct of
its agents in undertaking a series of actions affecting the
employment of Correctional Officer Timothy Doris and the
administration of the Union. The Union alleges that these
actions constitute restraint and coercion directed against the
lawful exercise of statutory rights as well as discriminatory
treatment of the Union's Steward. Further, the Union alleges
breach of the collective bargaining agreement caused by the
manner by which the County administered discipline against
Corrections Officer Doris. PARTICIPATING REPRESENTATIVES For the Complainant: William McCann, Negotiator-Field Representative For the
Respondent:
Elizabeth A. Bailey, Esquire 1. Whether or not the County's alleged actions constituted coercion or discrimination against Correction Officer Doris for exercising his statutory rights as an employee? 2. Whether or not the County's alleged actions constituted coercion or discrimination against Correction officer Doris for exercising his rights as a Union Steward or interfered with the administration of the Union? 3. Whether or not the County properly followed the discipline procedures required under the provisions of the parties' collective bargaining agreement? 4. Whether or not the reassignment of Corrections Officer Doris from one shift to another shift during the approximate period of November 2001 to January 2002 constituted a unilateral change in his working conditions by the County. WITNESSES For the Complainant: For the 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 Complainant: 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 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 twenty-one (21) days prior to the scheduled hearing. DECISION 1. Upon receipt of the Arbitration Award, the Union representative shall forward a copy of the same to the PELRB. 2. The party representatives shall meet and confer at a mutually acceptable date and time for the purposes of exchanging any documents requested by the other as pre-hearing discovery and for the purpose of making a good faith effort to draft an agreed statement of facts to lessen the number evidentiary points that would otherwise have to be made through the testimony of witnesses and introduction of exhibit. The parties shall also compile a chronology of events for joint submission at the evidentiary hearing. 3. The Union representative shall inform the County's representative of the date upon which Corrections Officer Doris became a Union Steward. 4. The County representative shall share the contents of such personnel files as may be anticipated to be used by either party at the evidentiary hearing. 5. The party representatives shall forward any amendments of their Witness and Exhibit lists detailed above to the opposing representative or counsel and to the PELRB no later than five (5) days prior to the scheduled hearing. The party representatives shall meet, or otherwise arrange, to pre-mark any 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. 6. 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. 7. 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,
April 4, 2002 beginning at 9:30 A.M. /s/ Donald E. Mitchell |
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