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ORDER TO CONTINUE AND CONDITIONALLY DISMISS
A hearing on the merits of this matter regarding a complaint
of improper labor practices by AFSCME Local 2715 ("Union") against
the Hillsborough County Nursing Home ("County") was previously
scheduled to be conducted on February 28, 2006 before the Board. The Board
received an electronic filing during the afternoon of February 27, 2006
represented by counsel for the Union to have been drafted by counsel for the
County and further represented to be agreed to by counsel for both parties.
The filing is entitled "Stipulation to Hold in Abeyance".
The Board has reviewed this filing and has decided as
follows:
1. The filing is considered by the Board to be the
equivalent of a request of the parties that the scheduled hearing be
suspended to allow additional time for the parties to achieve settlement.
2. The Board incorporates into this order that portion of
the parties' stipulation that the underlying issue that allegedly gave rise
to the Union's complaint shall be negotiated between the parties.
3. The Board also incorporates into this order that
portion of the parties' stipulation that any effects of the memorandum from
Irene Belanger and addressed to "All Nursing Employees" related to
vacation calendars and dated April 29, 2005 shall be held in abeyance until
the completion of the planned negotiations between the parties.
4. That the doctrine of "status quo" shall apply
between the parties consistent with law.
It is further ordered, that:
A. The hearing scheduled to be conducted on February 28,
2006 is cancelled.
B. This matter shall be administratively dismissed unless
either party files a request on or before April 30, 2006 that a hearing be
scheduled by this Board.
It is so ordered.
Signed this 28th day of February, 2006.
/s/ Donald E. Mitchell, NH Bar #1773
DONALD E. MITCHELL, ESQ.
Presiding Official
Distribution by E-Mail:
Jaime DiPaola, Esq.
Carolyn M. Kirby, Esq.
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