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PRE-HEARING DECISION and ORDER
BACKGROUND
State Employees Association of New Hampshire Local 1984 SEIU,
(hereinafter referred to as the "Union") filed unfair labor practice
charges against the State of New Hampshire (hereinafter referred to as the
"State") on March 7, 2003 alleging violations of RSA 273-A:5 I (a),
(b), (e), (g), (h) and (i) and RSA 91-A New Hampshire's so-called "Right
to Know Act." Specifically, the Union alleges that the State's refusal of
the Union's request for the names and home addresses of all unit members for
whom the Union acts as the exclusive representative constitutes a refusal to
bargain in good faith, interference with the Union's administration and
interference with the general exercise of rights afforded to public employees
and their exclusive representative under RSA 273-A, the Public Employee Labor
Relations Act. It further asserts that the Union is entitled to release of the
requested information under the provisions of RSA 91-A. As relief, the Union
asks that the requested information be provided and that the Union be
reimbursed reasonable market value of representation and fees necessitated by
this action.
The State of New Hampshire filed its answer and a Motion to
Dismiss asserting a failure of the Union to state a claim upon which relief
may be granted on March 21, 2003. The Union filed its response to the State's
Motion to Dismiss on April 4, 2003. Thereafter, the matter was scheduled for a
pre-hearing conference that was continued by agreement and, later, conducted
on April 23, 2003.
PARTICIPATING REPRESENTATIVES
For the Union (Complainant): Lorri Hayes, Esquire, Contract
and Field Operations
Administrator SEIU, SEA Local 1984
For the State (Respondent): Laura E. B. Lombardi, Esquire,
Assistant Attorney General
Sara Willingham, Employee Relations Manager
PRIMARY ISSUE FOR DETERMINATION BY THE BOARD
1. Whether the Union is entitled to obtain the names and
home addresses of all state employees who are members of the bargaining units
for which the Union is the executive representative?
WITNESSES
The parties have agreed that this matter may be determined
by the PELRB without the necessity of witness testimony.
In the event it is later determined that witness testimony
is necessary. Both parties reserve the right to amend their List of Witnesses,
as appears on their Pre-Hearing Worksheet, in conformity with administrative
Rule Pub 203.01 (b). Each party shall also file a copy of any Witness List to
the PELRB at the same time they forward it to the opposing representative. 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
The parties have agreed to submit a stipulation as to joint
exhibits that may be included in the record for determination by the PELRB.
In the event that either party believes it is necessary to
present additional exhibits, the parties reserve the right to amend their List
of Exhibits, as appears in their respective Pre-Hearing Worksheets at least
five (5) days prior to any evidentiary hearing, 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 Administrative Rule 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
No evidentiary hearing is planned. In the event that either
party desires to make oral argument to the PELRB, each party shall be allotted
fifteen (15) minutes to do so.
DECISION AND PRE-HEARING ORDER
Following discussion with the parties' representatives at
the Pre-Hearing Conference, it is ordered as follows:
1. The parties have stipulated that the PELRB has
jurisdiction to decide the issue raised by the Union's complaint.
2. The parties have agreed that this matter may be
determined by the PELRB without the necessity of witness testimony.
3. The parties shall confer in order to compose a mutual
statement of agreed facts and joint exhibits as may be stipulated between the
two sides and the same shall be submitted to the PELRB by the Union on or
before May 2, 2003.
4. The parties shall file written legal memoranda in support
of their respective legal positions with the PELRB on or before June 2, 2003.
5. The parties shall indicate, on or before May 2, 2003,
whether or not each waives its right to present oral argument in support of
its legal position and shall inform the PELRB, in writing, to indicate whether
oral argument is waived or a hearing for the purpose of receiving oral
argument is requested.
Unless otherwise ordered as a result of the filing of any subsequent request
for a hearing, this matter shall be considered by the Board upon the parties'
pleadings, stipulated facts, joint exhibits and legal memoranda. Following the
submission of these documents the record shall be closed and a decision
rendered by the Board.
Signed this 23rd day of April, 2003.
/s/ Donald E. Mitchell
Donald E. Mitchell, Esq.
Hearing Officer
Distribution:
Lorri Hayes, Esq., Contract and Field Operations Administrator SEIU, SEA-NH
Laura E. B. Lombardi, Esq., Assistant Attorney General
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