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AFSCME COUNCIL 93, LOCAL 863/ROCHESTER PUBLIC WORKS DEPT. BUILDINGS AND GROUNDS COMPLAINANT v. CITY OF ROCHESTER, DEPT. OF PUBLIC WORKS AND BUILDINGS AND GROUNDS RESPONDENT |
CASE NO. G-0024-6 DECISION NO. 2009-037 |
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PRE-HEARING MEMORANDUM AND ORDER Date of Conference:
February 20, 2009 Background: AFSCME Council 93, Local 863/Rochester Public Works Department Buildings and Grounds (“Union”) filed an unfair labor practice complaint on December 29, 2008. The Union claims that the City of Rochester (“City”) violated RSA 273-A:5, I (c), (d), and (g) by refusing to award merit increases to employees of the Public Works Department’s Buildings and Grounds Division in retaliation for their successful petition to be included in the Public Works bargaining unit. The Union requests that the PELRB find that the City of Rochester Public Works Department is in violation of RSA 273-A:5, I (c), (d), and (g) and is therefore guilty of unfair labor practices; order the City to provide appropriate wage adjustments to the Buildings and Grounds employees effective July 1, 2008; order the City to publicly post the findings of the PELRB for 30 business days; and order the City to make the Union whole for any and all costs and expenses incurred to pursue the unfair labor practice charge. On January 12, 2009 the City filed an answer denying all claims of retaliation against the Buildings and Grounds employees and denying all allegations that these employees are entitled to merit step increases while negotiations pursuant to an Order to Negotiate from the PELRB, Decision No. 2008-044, are ongoing. The City requests that the PELRB dismiss the complaint with prejudice and order the Union to reimburse the City for its expenses and fees in connection with this matter. ISSUES FOR DETERMINATION BY THE BOARD 1. Whether the City’s refusal to give the Buildings and Grounds employees merit increases under the Collective Bargaining Agreement or under the City Employment Policy Handbook constitutes a violation of RSA 273-A:5, I (c), (d), and (g). 2. Whether the City was compelled to grant Buildings and Grounds employees pay increases on July 1, 2008, while the City was subject to an Order to Negotiate from the PELRB, Decision No. 2008-044. WITNESSES For the Union: Both parties reserve the right to amend their Lists of Witnesses in conformity with the schedule contained in the DECISION SECTION appearing at the conclusion of this order. It is understood that each party may rely on the representations of the other party that witnesses appearing on their respective lists will be available at the hearing. EXHIBITS For the Union: Both parties reserve the right to amend their Lists 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. 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. DECISION 1. “Parties” means the named
complainant and respondent or the counsel/representative appearing in the
case. HEARING Unless otherwise ordered as a result of the filing of a motion to submit the case on stipulated facts and briefs or other motion, the evidentiary hearing between the parties will be held on May 5, 2009 at 9:30 AM at the offices of the Public Employee Labor Relations Board in Concord. The time set aside for this hearing is 4 hours. 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 5 days prior to the date of hearing. So ordered.
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