Town of Seabrook    Complainant  v.  Local 1984 SEIU, SEA Seabrook Employees Association    Respondent

Case No. M-0591-38 Decision No. 2003-007

SUPPLEMENTAL PRE-HEARING ORDER On December 30, 2002, the PELRB issued an order on a motion in limine and motion to continue in this matter, Decision No. 2002-156. Item 4 of the order in that decision recited an agreed-to schedule for completing an in camera agreement and subsequent review of documents. By letter of January 2, 2003, from the Executive Director, the parties were asked to report on their progress with these matters on January 15, 2003. When the parties’ report of that date indicated that the review agreement had not yet been finalized and the review itself would not be completed by the agreed-to date of January 17, 2003, they were asked to and did participate in a supplemental pre-hearing conference with the executive director at the board’s offices on January 16, 2003. During the supplemental pre-hearing conference, the parties and the executive director reviewed the status of their efforts under the schedule presented in Decision No. 2002-156, the status of pleadings, amended pleadings and answers thereto, and the identity of documents potentially subject to in camera review and assessment by the PELRB or its agent. Based on this review, the executive director, acting as hearing officer, determined that paragraphs 8 through 14, inclusive, of the Town’s “First Amended Improper Practice Charge” as filed on October 22, 2002, as well as any response thereto, lacked relevance because of the dates of the events recited therein. Accordingly, the recited events found in paragraphs 8 through 14, inclusive, of the Town’s “First Amended Improper Practice Charge” as well as the paragraphs themselves, along with any Union responses thereto, are hereby ordered withdrawn from the proceedings as causes of action or otherwise, except that the PELRB may take administrative/judicial notice of these events as they may be found in pleadings for previous cases on file with the PELRB relating to paragraphs 8, 9 and/or 10 of the “First Amended Improper Practice Charge.” The provisions of this order shall apply to depositions to be taken by the parties in these proceedings, the schedule for which is not modified as the result of this order. So ordered. Signed this 17th day of January, 2003 /s/ Parker Denaco PARKER DENACO Executive Director Distribution: Robert D. Ciandella, Esq. Jeffrey L. Brown, Union Field Representative Back

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