International Chemical Workers Union Council UFCW, Local 1046C Complainant   v.   Merrimack County Nursing Home and County of Merrimack Respondent

Case No. M-0738-9 Decision No. 2008-017

ORDER On January 15, 2008 both parties filed a status report as contemplated by the December 12, 2007 order granting the parties’ Joint Motion to Postpone Hearing. Since the parties have not reached agreement as to back pay, a hearing will be held to resolve the outstanding back pay calculation issue(s). The parties have agreed that the board’s decision as to the back pay dispute will constitute a resolution of all other issues remanded to the PELRB by the New Hampshire Supreme Court in its decision issued August 23, 2007. The pre-hearing schedule is as follows: 2-12-08:    Joint or individual filing(s) containing a statement of the parties’ respective positions on the issue of back pay and a summary of the factual basis for each parties’ respective position. 2-15-08:    Filing and exchange of witness and exhibits lists. 2-22-08:    Exchange of exhibits. 2-29-08:    Deadline to stipulate to the submission of this case in writing. In the event of such a stipulation, the parties shall so notify the board by the filing of a joint statement on or before 2-29-08. The joint statement shall include a schedule for filing a joint stipulation of facts, exhibits and briefs provided that all such material must be filed on or before 3-31-08. 2-29-08:    Deadline to agree upon joint exhibits and mutual statement of agreed facts. 3-4-08       Deadline for filing of all joint exhibits, factual stipulations, and other exhibits properly marked for identification. Unless otherwise ordered as a result of the filing of any subsequent motion or for other good cause shown, an evidentiary hearing between the parties will be held on: March 5, 2008 @ 9:00 a.m. at the offices of the Public Employee Labor Relations Board in Concord. So ordered. January 31, 2008. /s/ Douglas L. Ingersoll Douglas L. Ingersoll, Esq. Hearing Officer Distribution: Randall Vehar, Esq. Warren D. Atlas, Esq.   Back

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