AFSCME Council 93, Local 2301 Seabrook Supervisory Employees    Complainant    v.    Town of Seabrook    Respondent

Case No. M-0592-23 Decision No. 2003-006

PRE-HEARING DECISION and ORDER BACKGROUND AFSCME Council 93, Local 2301, Seabrook Supervisory Employees (“Union”) filed unfair labor practice charges on November 22, 2002 pursuant to RSA 273-A:5 I (e), (g), and (h) alleging that the Town of Seabrook (“Town”) and its agents breached certain provisions of the parties’ Collective Bargaining Agreement (CBA) and violate the specified provisions of the statute when it posted the position of Deputy Fire Chief to solicit applicants for that position and included an offered salary that was other than had previously negotiated by the parties. The Union alleges that such action by the Town constitutes a unilateral change to the parties agreement without negotiating that salary modification. The Town answers by admitting that it posted the job but otherwise generally denying the allegations of the Union. The Town also asserts by way of further answer that the Union refused to negotiate an increase necessitated because no qualified candidates were attracted by the initial posting of the job at the existing salary range. The Town also asserts that its duty to protect public health and safety is a managerial right that it exercised in changing the salary range. The Union requests relief in the form of a finding that the Town has engaged in an unfair labor practice and requests that the PELRB issue a cease and desist order against the Town prohibiting it from making unilateral changes affecting wages or conditions of work without negotiating the same with the Union. The Union also wants the PELRB to order the Town to reimburse the Union for all costs. For its part, the Town seeks a dismissal of the Union’s complaint for failure to state a claim and an award of reasonable attorneys’ fees and costs PARTICIPATING REPRESENTATIVES For the Complainant:                   Jack McMath, NH Coordinator, AFSCME                                                         Katherine McClure, Assistant General Counsel, AFSCME For the Respondent:                   Douglas Mansfield, Esquire PRIMARY ISSUES FOR DETERMINATION BY THE BOARD 1. Whether or not the Town committed an unfair labor practice by its actions in modifying the salary range for the position of Deputy Fire Chief without negotiating said change with the certified exclusive bargaining representative? WITNESSES For the Complainant: 1. Jack McMath, NH Coordinator, AFSCME 2. David Currier, President, Local 2301 For the Respondent: 1. E. Russell Bailey, Town Manager 2. Jeff Brown, Fire Chief 3. Oliver Carter, Member, Board of Selectmen 4. Karen Knight, Member, Board of Selectmen 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 Joint Exhibits: 1. Collective Bargaining Agreement For the Complainant: 1. Job posting, dated June 19, 2002 2. Job posting, dated October 7, 2002 For the Respondent: 1. Job description for Deputy Fire Chief 2. Submitted job applications for position (redacted) 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 a hearing of this matter 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 ten (10) days from the date of this Order. ORDER Upon the representation of counsel for both parties that the matter had been resolved by agreed stipulations and an offer of proof consisting of a copy of the settlement agreement, it is hereby ORDERED that: 1. The Union shall conduct its ratification vote on the Settlement Agreement on or before January 21,2003. 2. The Union shall file a signed Settlement Agreement with the PERLB on or before January 24, 2003. 3. Upon receipt of the signed Settlement Agreement, this matter shall be dismissed and the record shall reflect that it was done administratively by agreement of the parties. So Ordered. Signed this 16th day of January, 2003 /s/ Donald E. Mitchell Donald E. Mitchell, Esq. Hearing Officer Distribution: Jack McMath, NH Coordinator AFSCME Katherine McClure, Assistant General Counsel, AFSCME Douglas Mansfield, Esquire Back

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