I.   BACKGROUND OF THE PELRB

A.  RSA 273-A

            The Public Employee Labor Relations Board (PELRB) was created by the passage of New Hampshire's public employee rights legislation, the Public Employees Labor Relations Act, which became effective on December 21, 1975. RSA 273-A. A clause preserving the composition of bargaining units and the continuity of collective bargaining agreements (CBA) in place prior to August 23, 1978 was added by an amendment to this statute in 1977. At the time of its initial passage the General Court made a strong and explicit Statement of Policy:

"The legislature declares that it is the policy of the state to foster harmonious and cooperative relations between public employers and their employees and to protect the public by encouraging the orderly and uninterrupted operation of government."

            The legislature also provided that this policy can be achieved by: 1) recognizing the right of public employees to  organize and be represented for the purpose of bargaining collectively  with public employers, which currently means with the state or any political subdivision of the state and the university system but not  the General Court; 2) requiring public employers to negotiate in good faith with certified employee representatives and reduce collectively bargained agreements to writing; and 3) establishing a  public employee labor relations board with "broad powers to assist in resolving disputes between governments and its employees."

            Any understanding of the PELRB’s function, including its practices and procedures, begins with an appreciation for these legislative policies which support and are the basis for the provisions of RSA 273-A.  These legislative policies also serve as the foundation for the PELRB’s administrative rules which guide the procedures and practices of the PELRB as it carries out its mandate.

B.  Functions

The PELRB's administrative and adjudicatory functions include:

1) Processing written majority authorization petitions and election petitions, which may include the conduct of pre-hearing conferences and adjudicatory hearings, and which typically involve bargaining unit composition hearings as well as the use of card check or the election process to determine whether a majority of employees have chosen to be represented by an exclusive representative for purposes of collective bargaining and the processing of grievances under RSA 273-A.

2) Processing modification petitions to determine whether the composition of an existing bargaining unit should be changed by the addition or removal of positions and conducting any necessary hearings

3) Processing decertification petitions to determine whether employees in an existing bargaining unit wish to continue with the representation of a certified exclusive representative and engage in collective bargaining under RSA 273-A.

4) Processing unfair labor practice complaints to determine whether a particular respondent has violated a provision(s) of RSA 273-A:5, which may include the conduct of pre-hearing conferences and adjudicatory hearings.

5) Processing requests for the appointment of mediators, fact finders, and arbitrators.

6) Collecting and maintaining collective bargaining agreements negotiated pursuant to the provisions of RSA 273-A

7) Maintaining this website to serve as a resource for agency constituents

8) Maintaining an index to board decisions available for the public’s use

9) Adopting administrative rules to implement the provisions of RSA 273-A   

C.  Board Members and Agency Staff

            The Board consists of five regular members and four alternate members. As to the regular members, two members represent and have experience with organized labor, two members represent and have experience with management interests and one member represents the public and serves as chairperson. Terms are for six (6) years. As to the four  alternate members, there are two public interest alternate members, one labor representative alternate member, and one management representative alternate member.  Alternate public interest members serve as chair in the absence of the regular public member. Three members of the Board constitute a quorum; however, no meetings are held unless labor, management and the public are each represented by one Board member.

            The offices of the PELRB are located approximately two miles south of the downtown business district of Concord at 153 Manchester Street (Route 3) in the "GAA Plaza", in Building #1. Current agency staff includes an Executive Director, two Staff Attorneys/Hearing Officers, an Executive Secretary and a Secretary Typist II.

D.  Communication with the PELRB

            According to agency rules, all filings shall be made electronically at pelrb.info@nh.gov unless electronic filing is not available, in which case filings may be mailed or delivered to the PELRB offices. Inquiries may be submitted by email to pelrb.info@nh.gov or by calling 603-271-2587.

E.  Resources

            All  Board and Hearing Officer Decisions are available on the agency website, as are agency rules, RSA 273-A, collective bargaining agreements filed with the agency, and other material.

F.  Board Approved Forms

            In general all petitions for certification, decertification or modification of a bargaining unit, complaints of unfair labor practice and requests for appointment of a mediator, fact-finder or arbitrator shall be submitted using current PELRB Forms, available on the website under Forms, with the use of attachments as necessary in the event the space provided in the form is insufficient. The forms may be reproduced as a computer template.   It is important that filings be made in a timely manner and that filings are submitted in accordance with any applicable time limits set forth in the statute and administrative rules.

Updated 7-21-09