2009 SYNOPSIS
 

 

Robin Mongeon, et al.; New Hampshire Hospital Supervisors (Diane Allen, et al.)
and New Hampshire Hospital Supervisors (Sheila Gagnon, et al.) v. Thomas S.
Burack, DES Commissioner and Gary Smith, President, SEA/SEIU Local 1984
PELRB Case No's. S-0439-1, S-0394-3 and S-0394-4

Certain state employees filed unfair labor practice complaints against the state and the
union alleging that they violated RSA 273-A:5 by charging the complainants an unlawful
agency fee.  The complainants contended that they were supervisors within the meaning of
RSA 273-A:8, II and, as such, were improperly included in the same bargaining unit as
employees they supervise.  The state and the union denied the charges and filed motions
to dismiss the complaints as untimely.

The PELRB found that the state began collecting an agency fee for the union from the
complainants' paychecks in 2006.  The complaints were filed in 2008.  The PELRB
dismissed the complaints because they were not filed within the statutory six months time
limitation on action.

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.

PELRB FULL DECISION 2009-018