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PRE-HEARING MEMORANDUM AND ORDER
BACKGROUND
The Hinsdale Support Staff Association/NEA-NH, (the
“Association”) filed an unfair labor practice complaint on January 15, 2008
alleging that the Hinsdale School District, (the “District”) committed
unfair labor practices in violation of RSA 273-A:5, I (a), (c), (d), (g),
(h) and (i) when it reassigned Rosamond Blouin from a paraprofessional or
teaching assistant position in the elementary school to a clerical position
in the high school. The Association contends that Ms Blouin was transferred
in retaliation for her union related activities. As remedies, the
Association requests that the PELRB order the District to: 1) return Ms.
Blouin to her position at the Hinsdale Elementary School; 2) cease its
discriminatory and unlawful harassment and actions against Ms. Blouin; 3)
remove any and all notices, letters, memoranda, or other correspondence
related to actions unlawfully taken against Ms. Blouin from any and all
personnel records; 4) make Ms. Blouin whole for any and all losses suffered;
and 5) follow any board orders in this matter.
The District filed its answer on January 29, 2008. The District contends
that Ms. Blouin’s reassignment was proper and denies any violation of RSA
273-A:5, I. The District also states that Ms. Blouin’s complaint is
defective since she failed to make a written objection to her position
reassignment pursuant to Article V (B) of the parties’ collective bargaining
agreement and thereby failed to exhaust her administrative remedies.
Accordingly, the District requests that the PELRB: 1) deny the Unfair Labor
Practice filed on behalf of the Hinsdale Support Staff Union; 2) deny any
request for a cease and desist order against the Hinsdale School District;
3) find that the District appropriately transferred Ms. Blouin to a new
position as a high school SPED clerk; and 4) grant such other and further
relief as justice may require.
The undersigned Hearing Officer conducted a pre-hearing conference on
February 15, 2008 at the PELRB offices in Concord.
PARTICIPATING REPRESENTATIVES
For the Association: James Allmendinger, Esq.,
For the District: Matthew Upton, Esq.
ISSUES PRESENTED FOR BOARD REVIEW
(1) Did the District retaliate and discriminate against
Ms. Blouin on account of her union related activities when Ms. Blouin was
reassigned to a new position at the high school in violation of RSA 273-A:15
(a), (c), (d), (g), (h) and (i)?
(2) Did Ms. Blouin fail to exhaust her administrative remedies by not
submitting a written objection to her reassignment under Article V (B) of
the parties’ collective bargaining agreement?
WITNESSES
For the Association:
1. Mary E. Gaul, UniServ Director
2. Rosamund Blouin
3. Joan Fiske
4. Lynne Olson
5. Nancy Revene
For the District:
1. Dr. David Crisafulli, Assistant Superintendent
2. Jurg Jenzer, principal Hinsdale Elementary School
3. Wayne Temmen
4. Shirley Hildreth
5. Joan Fiske
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 with 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
For the Association:
1. Memos and letters between principal, administrators and Association
president
2. “Wings” job description and notes regarding physical disability of Blouin
3. Notes from Association representatives regarding harassment and
retaliation
4. Transfer letters
5. Collective Bargaining Agreement
For the District:
1. 12/17/07 letter from Rosamond Blouin to Jerg Jenzer.
2. 10/22/07-12/7/07 Rosamond Blouin Time Sheet
3. Proposed Ground Rules for 2008-2011 contract negotiations
4. Memorandum from Ms. Blouin to Support Staff
5. 10/20/06 letter from Matthew Upton, Esq., to Mary E. Gaul, UniServ
Director
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 with 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 understood that each
party may rely on the representations of the other party that the exhibits
listed above will be available at the hearing.
LENGTH OF HEARING
The time set aside for this hearing will be one-half (½)
day. If either party believes that additional time is required, written
notice of the need for additional time shall be filed with the PELRB at
least twenty (20) days prior to the date of the evidentiary hearing.
DECISION
1. On February 11, 2008 the District filed a complaint
against the Hinsdale Support Staff, NEA-NH, Case No. E-0029-3 arising from
alleged statements of Ms. Blouin concerning ongoing contract negotiations.
At this juncture, the parties appear to agree that Case E-0029-3 involves
similar witnesses and could be efficiently heard at the same time as Case
E-0029-2. However, a final determination on consolidation of these two cases
will be deferred until March 14, 2008, when a further pre-hearing conference
on both cases will be conducted.
2. As agreed at the pre-hearing conference, the Association shall file its
answer in Case E-0029-3 on or before February 28, 2008 and its Amended and
Restated Complaint in Case E-0029-2 on or before February 22, 2008.
3. As agreed at the pre-hearing, the District shall file its answer to the
Amended and Restated Complaint on or before March 5, 2008.
4. The parties’ representatives shall meet, or otherwise confer, on or
before March 13, 2008 and attempt to reach a stipulation on presenting the
instant case by written submission, or, in the alternative, without the need
for formal testimony. In the event that agreement is reached to submit the
case by written submission, the parties shall forthwith file a joint
statement indicating such agreement and include a proposed schedule for the
parties’ filings.
5. The parties shall otherwise meet or confer on or before March 13, 2008 to
stipulate to facts and shall file such fact stipulations at or before the
March 14, 2008 further pre-hearing conference.
6. The party representatives shall forward any amendments to, or deletions
from, their Witness and Exhibit lists, as detailed above, to the opposing
representative or counsel, and to the PELRB, at least 5 days prior to the
scheduled hearing date. The party representatives shall meet, or otherwise
arrange, to pre-mark any exhibits, for identification, prior to the time of
hearing and have sufficient copies available for distribution at the hearing
as required by Pub 203.02.
7. The parties shall file any additional preliminary, procedural or
dispositive motions no later than 20 calendar days prior to the scheduled
hearing date.
8. A pre-hearing conference in E-0029-2 and E-0029-3 will be held on:
March 14, 2008 @ 9:00 AM
9. 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 in Case E-0029-02 will be held on:
March 27, 2008 @ 9:30 AM
at the offices of the Public Employee Labor Relations
Board in Concord.
So ordered.
February 19, 2008.
/s/ Douglas L. Ingersoll
Douglas L. Ingersoll, Esq.
Hearing Officer
Distribution:
James Allmendinger, Esq.
Mary E. Gaul, UniServ Director
Matthew Upton, Esq.
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