2009 SYNOPSIS
 

 

Teamsters Local 633 of New Hampshire v. Town of Newmarket
PELRB Case No. G-0063-3

The union filed an unfair labor practice complaint against the town claiming that the town
violated the non-discriminatory provision of RSA 273-A:5, I (c) by implementing a policy and
benefit program for non-union employees while withholding same benefits from employees
who had provided notice of their intent to organize.  The town denied the charges asserting
that the disputed benefits were properly withheld in order to maintain the status quo
relationship between the parties pending contract negotiations.

The PELRB found that withholding of the benefits at issue was within the discretion of the
town administrator and that the town administrator's actions did not interfere with the
formation of the bargaining unit and the election of exclusive representative.  The PELRB
dismissed the complaint.

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 2009-040