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ORDER ON MOTION FOR REHEARING
The Board has considered the City of Manchester’s “Motions
for Rehearing” and took the following actions:
1. Pursuant to RSA 541 and N.H. Admin R. Pub 205.02, it reviewed the Motion
for Rehearing filed by the City of Manchester on January 27, 2009 and
Objection to Motion for Rehearing filed by United Steelworkers, Local
8938/Manchester Water Works on February 6, 2009.
2. It examined its previous decision, PELRB Decision No. 2008-265, issued in
this matter on December 30, 2008.
3. It reviewed the previous filings of the parties in this matter at length.
4. It denies the Respondent’s motion for rehearing.
5. However, we take this opportunity to modify and clarify, our order in
this matter. Implicit in
our previous order was the belief that the parties would return to the
negotiating table to settle their differences as to the terms of a testing
policy the parties could agree upon to become a provision of the successor
agreement. Having agreed upon all other terms of the collective bargaining
agreement and implemented those terms, we expected that in good faith the
parties would return to the table to resolve this one outstanding issue. The
parties having failed to do so, we now order them to return to negotiations
on this issue so that the continuation of services to the public may remain
intact without any type of interruption of those services.
We have weighed the credibility of all witnesses in reaching our original
decision as is our obligation. The rules of evidence are not strictly
followed in our proceedings. The parties made the testing issue a material
term of the collective bargaining agreement. The parties, to date, appear to
have bargained in good faith on all other issues and should bring their long
standing relationship to bear reaching agreement on this last provision by
incorporation, amendment or so-called “side bar” discussion. We do not
believe we should embark on our own to add a provision in order to complete
the collective bargaining agreement.
So ordered.
Signed this 6th day of March, 2009.
/s/ Doris M. Desautel
DORIS M. DESAUTEL
Alternate Chair
By unanimous decision. Alternate Chair Doris M. Desautel, members Sanford
Roberts, Esq. and Kevin E. Cash present and voting.
Distribution:
Thomas I. Arnold, III, Esq.
Vincent A. Wenners, Jr., Esq.
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