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The union filed
a written majority authorization (WMA) petition seeking
certification as the
exclusive representative of a proposed bargaining unit
consisting of police officers, highway
department employees, and transfer station employees.
The town filed its objections
contending, inter alia, that there was no community of
interest since the police employees
had no desire to be part of the proposed bargaining unit and
that some of the employees in
the proposed unit were probationary employees and,
therefore, could not submit WMA cards.
The PELRB
dismissed the town's objection to the petition based upon
the purported
probationary status of certain employees because there was
insufficient evidence to show
that these employees were placed on a probationary status at
the time they were hired. The
PELRB found that there was insufficient evidence to
establish a community of interest
among the employees in the proposed unit because a self-felt
community of interest was
lacking as to police officers who opposed to being included
in the proposed unit. There was
also insufficient evidence of the presence of common work
rules and personnel practices and
common salary and fringe benefit structures. The PELRB
held that the police officer
positions must be excluded from the proposed bargaining
unit. The PELRB dismissed the
petition because, after exclusion of the police officer
positions, the size of the proposed
unit was reduced to 8 employees, an insufficient number
under RSA 273-A:8, I, which
requires that a proposed bargaining unit contain at least 10
public employees.
Disclaimer: This summary is intended to provide a
brief description of the issues in this case
and the outcome. The summary is not a substitute for
the decision, should not be relied
upon in place of the decision, and should not be cited as
controlling or relevant
authority in PELRB proceedings or other proceedings. |