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| State
Employees Association of New Hampshire Local 1984 SEIU
for State Police Supervisors Petitioner v. State of New Hampshire Respondent |
Case
No. P-0713-8 Decision No. 2002-026 |
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PRE-HEARING DECISION and ORDER BACKGROUND The State Employees Association of New
Hampshire, Local 1984, SEIU, (hereinafter referred to as the
"Union") filed a complaint with the Public Employee
Labor Relations Board on January 11, 2002 in which the Union
alleged improper labor practices (ULP) had been committed by
the State of New Hampshire (hereinafter referred to as the
"State"). The Union states that as a result of
actions of the State in negotiating a new collective
bargaining agreement with the NH Troopers Association that
contained certain increases in pay involving a combination of
reclassification, step increase, hazardous duty pay, and
expansion of the salary matrix, the State violated an August
13, 2001 Memorandum of Agreement with the Union. The effect of
the memorandum was to tie the Union members' consequent pay
increases to the Troopers' increases if the latter unit's
increase were greater. The Union further alleges that by
operation of the several wage related actions related to the
Troopers' increase, the Union members have not received the
appropriate increases due to them. The Union requests relief
in the form of one labor grade increase for the
"Commissioned Officers" within its bargaining unit
retroactive to November 30, 2001 and payment of Hazardous Duty
Pay equal to that paid to the Troopers' Association for the
period July 1, 2000 to November 28, 2001 The State of New Hampshire responded by filing its answer on January 28, 2002 in which it denies that its actions related to the various pay increments granted to members of the NH Troopers' unit violated any side agreement entered into with the Union. The State asserts that the matters raised by the Union's complaint are subject to a grievance procedure previously agreed upon by the parties and that the existence of said grievance procedure prevents the PELRB from exercising its jurisdiction. The State requests that the PELRB dismiss the Union complaint. The matter was scheduled for a Pre-Hearing Conference that was conducted on February 22, 2002. Both parties were represented at that time and, after discussion between themselves and with the undersigned Hearing Officer, agreed to the stipulations appearing herein that are incorporated into this Order. PARTICIPATING REPRESENTATIVES For the Complainant: Dennis Martino, Executive Assistant SEIU, SEA-NH For the
Respondent:
Thomas F. Manning, Director, Division of Personnel ORDER The parties having agreed and stipulated as follows: 1. That this case shall be held in abeyance by the PELRB pending the parties' participation in grievance arbitration and the issuance of an Arbitrator's Award. 2. That the Union, as complainant in this pending ULP, shall notify the PELRB of the results of said arbitration and forward a copy of the arbitrator's decision to the PELRB within five (5) days of its receipt. 3. Further, that unless either party files a request, within thirty (30) days of the arbitrator's decision, with the PELRB for further review, this case shall be administratively dismissed. If such an additional hearing is requested, the Union shall amend its complaint to indicate the specific statutory provisions of RSA 273-A alleged to have been violated by the State. Thereafter, the matter shall be processed and set for hearing on a priority basis. 4. Neither party shall suffer any diminishment of its contractual or statutory rights by stipulating to this abeyance and good faith participation in the grievance process shall toll any limitations on actions alleged in the Union's complaint. So Ordered. /s/Donald E. Mitchell, Esq. |
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