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ADMINISTRATIVE RULES 

NH CODE OF ADMINISTRATIVE RULES
New Hampshire Public Employees Labor Relations Board

DISCLAIMER STATEMENT

The Board makes no warranty, express or implied, as to whether this document is correct, complete, up-to-date or as to any other relative fact. Independent verification of the contents is essential.

 

PART Pub 101 DEFINITIONS
PART Pub 102 ORGANIZATION, SCOPE OF RESPONSIBILITY, QUORUM
PART Pub 103 FILINGS, RECORDS
PART Pub 201 PRELIMINARY MATTERS AND CONFLICT OF INTEREST
PART Pub 202 PRE-HEARING
PART Pub 203 CONDUCT OF HEARING
PART Pub 204 DECISIONS
PART Pub 205 REVIEW AND REHEARING
PART Pub 206 DECLARATORY RULINGS, RULEMAKING PROCEDURES
PART Pub 207 RECORDS, REPORTS, AND REQUIRED FILINGS
PART Pub 301 BARGAINING UNIT CERTIFICATION
PART Pub 302 DETERMINATION OF APPROPRIATE BARGAINING UNITS
PART Pub 303 ELECTIONS
PART Pub 304 UNFAIR LABOR PRACTICE
PART Pub 305 IMPASSE RESOLUTION


CHAPTER Pub 100 ORGANIZATIONAL RULES

PART Pub 101 DEFINITIONS

Pub 101.01 Definitions.

(a) "Adjudicative proceeding" means any contested matter brought to the board or its employees or agents for adjudication, determination or resolution under the authority conferred in RSA 273-A or 273-C.

(b) "Answer" means a responsive pleading or written responsive position to a complaint, petition, motion or other matter filed with the board.

(c) "Board" means the public employee labor relations board of the State of New Hampshire as defined and provided for in RSA 273-A:2.

(d) "Complaint" means a pleading filed with the board which complains of anything done or omitted from being done in violation of any law, rule, regulation, decision or order administered or adopted by the board.

(e) "Complainant" means any party who files a complaint or on whose behalf a complaint is filed with the board.

(f) "Day" means a calendar day unless further definition, limitation or explanation defines it differently in the context in which it is used.

(g) "Declaratory ruling" means a request, absent a cause of action, by a public employer, a public employee or an employee organization for a ruling regarding the applicability of any law, rule, regulation, decision or order administered or adopted by the board.

(h) "Executive director" means the chief administrative and executive employee of the board as contemplated in RSA 273-A:2.

(i) "Hearing" means a proceeding before the board, its employees or agents, inclusive of a hearing officer as contemplated in RSA 273-A:6, for which notice has been given by the board in accordance with the applicable statutes and rules adopted thereunder and at which time all interested parties are afforded an opportunity to present such written and/or oral testimony as the board, its employees or agents deem relevant and material to the issues.

(j) "Intervenor" means any party not a complainant, petitioner or respondent who has sought and been granted permission by the board to intervene in any hearing, inclusive of status to participate therein as an amicus curiae.

(k) "Motion" means a request to the board, or its agent or employee acting as a hearing officer, to take any action or enter any order after an initial pleading.

(l) "Order" means the whole or part of the board's final disposition of a matter, other than a rule, but does not include decisions to postpone or continue a matter or to issue interim relief pending disposition by a final order.

(m) "Petition" means a pleading, other than a complaint, filed with the board for the purpose of seeking an approval, determination, consent, certification, decertification or authorization from the board.

(n) "Petitioner" means any party who files a petition or on whose behalf a petition is filed with the board.

(o) "Presiding officer" means that member of the board representing the public at large, rather than labor or management, who is acting as chair of a hearing conducted by the board, or any agent or employee of the board acting as a hearing officer under RSA 273-A or 273-C.

(p) "Respondent" means a party subject to the jurisdiction of the board to whom notice has been given about the filing of pleadings affecting its/their interest and with status to respond to pleadings, inclusive of both complaints and petitions, filed with the board or any party in interest ordered before any pending proceeding of the board.

(q) "Unfair labor practice" means the alleged commission of an act violative of RSA 273-A:5; or 273-C:6 for which a complaint can be filed by the party or parties aggrieved thereby.

Source. #7186, eff 1-8-00

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PART Pub 102 ORGANIZATION, SCOPE OF RESPONSIBILITY, QUORUM

Pub 102.01 Organization.

(a) The board regulates public sector bargaining and is the agency responsible for the administration of laws pertaining to labor-management relations between public sector labor organizations and public sector management at the municipal, district, county, state and university levels as well as between horse and dog track labor organizations and their management in the private sector.

(b) The board certifies bargaining units agreed upon by the parties and resolves disputes about the composition of bargaining units when the parties cannot agree. It also serves as the certifying agency relative to the status of bargaining agents, whether those agents are being certified or decertified, by elections conducted by the board.

(c) The board hears and decides unfair labor practice cases and issues formal written decisions.

(d) The board grants interim relief and issues declaratory rulings.

(e) The board is identified under RSA 273-A:12, as a resource to assist parties in the resolution of disputes. The board furnishes names of prospective mediators or fact finders to assist the parties when they encounter difficulties in contract negotiations. The board has rulemaking authority as found at RSA 273-A:2.

Source. #2325, eff 3-28-83; ss by #3019, eff 5-14-85; EXPIRED: 5-14-91
New. #5679, eff 8-4-93, EXPIRED: 8-4-99
New. #7093, INTERIM, eff 9-9-99, EXPIRES: 1-7-00; ss by #7186, eff 1-8-00

Pub 102.02 Composition.

(a) Pursuant to RSA 273-A:2, I, the board shall be composed of 5 members, appointed by the governor with the consent of the executive council. Of these members, 2 shall have extensive experience representing organized labor and 2 shall have extensive experience in representing management interests. The fifth member who shall be the chair shall be appointed to represent the public at large, and shall not hold elective or appointive public office, or elective or appointive office or membership in, organized labor at the time of/or during the term of appointment. Members of the board are subject to removal by the governor and council for cause pursuant to RSA 273-A:2, I.

(b) Pursuant to RSA 273-A:2, I-a, the governor and council shall appoint, in addition to the regular board members specified in (a), 4 alternate board members. Of these alternate members, one shall have extensive experience representing organized labor, one member shall have extensive experience in representing management interests, and 2 members shall represent the public at large. The alternate members representing the public at large shall not hold elective or appointive public office, or elective or appointive office, or membership in, organized labor at the time of/or during the term of appointment. Alternate board members shall serve a 6 year term, and shall be subject to removal by the governor and council.

(c) Pursuant to 273-A:2, III, a quorum shall consist of 3 members of the board. However, no meeting shall be held unless organized labor, management and the public at large are each represented by at least one board member. In the absence of the 2 regular board members representing organized labor, the 2 regular board members representing management, or the member representing the public at large, their respective alternates shall act in their places in order to constitute a quorum representative of each interest. Alternate board members shall also serve when the respective regular board members do not participate in a case due to a conflict of interest.

Source. #2325, eff 3-28-83; ss by #3019, eff 5-14-85; EXPIRED: 5-14-91 (see Pub 201.01)
New. #5679, eff 8-4-93, EXPIRED: 8-4-99
New. #7093, INTERIM, eff 9-9-99, EXPIRES: 1-7-00; ss by #7186, eff 1-8-00

Pub 102.03 Location.


(a) The board's offices are located at, and correspondence shall be addressed to: Public Employee Labor Relations Board 153 Manchester Street GAA Plaza, Building No. 1 Concord, New Hampshire 03301-5143 FAX (603) 271-2588 (Call first)

(b) The board may be contacted by telephoning that office at (603) 271-2587 or by appearing in person at the board's office during business hours kept for state offices, between the hours of 8:00 a.m. and 4:30 p.m. on weekdays.

Source. #2325, eff 3-28-83; ss by #3019, eff 5-14-85; EXPIRED: 5-14-91
New. #5679, eff 8-4-93, EXPIRED: 8-4-99
New. #7093, INTERIM, eff 9-9-99, EXPIRES: 1-7-00; ss by #7186, eff 1-8-00

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PART Pub 103 FILINGS, RECORDS

Pub 103.01 Public Access and Fees.

(a) The board shall make available to all interested persons copies of RSA 273-A or 273-C, copies of its rules, and copies of its decisions, orders and other documents for the actual cost of reproduction and handling.

(b) Copies of electronically recorded tapes of hearings conducted by the board, its agents or employees may be obtained upon written request made to the board. Payment shall be enclosed with the request in order to cover the actual cost of copying the tape and return postage. Parties shall contact the board in advance of their request in order to verify the amount of payment due. In the alternative, any party requesting a copy of the sound recording shall be granted an opportunity during regular business hours for copying purposes, however, custody and control of the original tape shall remain with agents or employees of the board.

Pub 103.02 Filings.

(a) All petitions for certification, decertification or modification of a bargaining unit, complaints of unfair labor practice or requests for appointment of a mediator, fact-finder or arbitrator shall be submitted on a form, which can be obtained from the board.

(b) These forms may be used as a computer template to make copies.

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CHAPTER Pub 200 PRACTICE AND PROCEDURES

PART Pub 201 PRELIMINARY MATTERS AND CONFLICT OF INTEREST

Readopted with amendments Pub 201.01, effective 1-29-08

Pub 201.01    Documents.

          (a) Except as provided in (b) below, all orders, decisions, requested findings, correspondence, motions, petitions, complaints and any other documents filed with the board shall be filed or issued electronically via internet transmission only in the manner set forth in (d) below, and deemed to have been issued, filed, made or received:

(1) As to orders or material issued by the board, on the issue date; and

(2) As to petitions, complaints or material filed by petitioners, complainants or other persons, on the date upon which the board received the document electronically at the board’s general email address, pelrb.info@nh.gov or as shown on the PELRB Website.

          (b) Electronic submissions to the individual email addresses of the executive director, staff counsel, hearing officers, or other staff shall be rejected.

          (c) A document electronically filed shall be deemed filed on the date and time stated on the Notice of Electronic Filing received by the party from the board. All electronic filings shall be completed before midnight local time in order to be considered timely filed that day unless a different time is established by order of the presiding officer pursuant to (h) below.

          (d) The board shall not docket nor deem filed any complaint or other submission which requires a filing fee until such filing fee is paid.

          (e) Parties who are unable to accomplish their filings electronically shall submit their filings via non-electronic means together with a certification stating why the filing cannot be accomplished electronically. The board shall reject any such filings which it finds could have been submitted electronically. Parties may seek to file non-electronically between the hours of 8:30 a.m. and 4:00 p.m. on Monday through Friday, excluding dates when the agency is closed in observance of state holidays. Proper non-electronic filings shall not be docketed nor deemed filed until any required filing fee is paid. Parties with an interest in establishing, preserving or providing a date of such filings shall be responsible for taking measures to accomplish this, either by using certified or registered mail, a courier or express delivery service or in-hand delivery with an additional copy of the documents being filed being stamped with a time/date device normally used by the board for such purposes. The board shall not accept filings via facsimile transmission.

          (f) At least one copy of the documents being filed or the accompanying letter of transmittal shall bear an original signature of the party offering those documents for filing. Facsimile copies shall not be suitable for filing and shall not be accepted for that purpose. Any document for which a filing fee is required shall not be considered filed until the requisite fee has been received at the board.

          (g) All documents filed with the board shall be printed, typed or clearly and legibly reproduced on good quality paper, 8-1/2 x 11 inches in size and shall, when filed electronically, be submitted in Microsoft Word® or Adobe PDF® format. Filings shall be signed by the person submitting them and shall identify the employee organization or public employer, if any, with which the person filing the document is affiliated. Signatures on non-scanned documents shall be established by the following signature format: ‘’/s/ [Insert Signatory’s Name]” and the paper form of the document shall contain the original signature. Documents that are electronically filed shall be maintained in paper form by the filing party until one year after the date of filing or until the conclusion of all appeals in the case, whichever date is later, and shall be produced for inspection upon request by the board or any party.

          (h) Any and all documents filed electronically via internet transmission shall adhere to the following procedure:

(1) The filing shall include an e-mail correspondence that identifies the name of the person or representative making the filing, the name of the party in whose name the document is being filed, and an identification number assigned by the board to the individual filing the document. The board shall provide an identification number to any person upon request for same; and

(2) Documents filed electronically shall be capable of being printed, typed or clearly and legibly reproduced on good quality paper, 8-1/2 x 11 inches in size, in Microsoft Word® or Adobe® PDF format, and forwarded as an attachment to the above referenced e-mail correspondence.

          (i) All documents filed with the board, including those filed electronically, for which copies are required to be delivered to other persons or parties, shall contain a statement certifying that a copy of the document has been delivered to the appropriate persons or parties and describing the date and manner by which the document was delivered to such persons or parties.

          (j) All requests for relief shall be separately stated at the conclusion of all pleadings or other written submissions. Any request for relief which seeks action or decision in advance of a final hearing on the merits shall be presented in a separately filed motion specifically stating the relief requested and the factual and legal basis for the requested relief.

          (k) Time limits stated in these rules shall be extended for specific periods of time for good cause shown, to include:

(1) Illness or weather emergency;

(2) Discovery of previously unavailable evidence;

(3) Mistake; or

(4) Other circumstances beyond the control of the requesting party that would result in the suffering of undue prejudice if an extension is not granted.


 

Readopted with amendments Pub 201.02, effective 1-29-08

Pub 201.02      Unfair Labor Practice Complaint.

          (a) Complaints may be filed at any time within 6 months of the alleged violations. Complaints shall be signed by the complainant and sworn to before a person authorized to administer oaths. The complaint shall be accompanied by the filing fee required by law, which shall be a prerequisite to the filing of that document. All complaints shall be filed in accordance with the document filing procedures set forth in 201.01.

          (b) The complaint and affidavit shall set out:

(1) The name, address, telephone number, title and affiliation of the party filing the complaint;

(2) The name, address, telephone number, title and affiliation of the party against whom the complaint is filed;

(3) The name, address and telephone number of the affected employer, if not otherwise named as a party to the complaint;

(4) A clear and concise statement of the facts giving rise to the complaint, including the date, time and place of the occurrence, and the names of all persons involved in or witnessing the occurrence, characterizing each particular act in terms of the specific provision(s) of RSA 273-A:5 or RSA 273-A:6 alleged to have been violated;

(5) A statement of agreed facts accompanying the complaint signed by both the complainant and the respondent; and

(6) A statement setting out the remedies available to the complainant in addition to the remedies available under RSA 273-A or 273-C as the case may be, indicating whether those avenues for relief have been exhausted and if they have not, the reasons for not exhausting them.

          (c) This information may be provided on an Unfair Labor Practice Complaint form, copies of which may be obtained from the board pursuant to Pub 103.02.

          (d) The complaint shall be accompanied by:

(1) An electronic copy of the current or other applicable collective bargaining agreement;: or

(2) A copy of the letter of transmittal stating that the same has been placed on file with the board in accordance with RSA 273-A:16 or 273-C:14.

           (e) At the time the complainant files a complaint, the complainant shall certify that a copy has been delivered by electronic and regular mail to all parties named in the complaint and, if no public employer is named in the complaint, to the public employer whose employees might be directly affected by the board's disposition of the complaint. The complainant shall contact the parties and involved public employer to obtain electronic and regular mail address information and shall certify in its complaint that it has done so. A public employer shall display copies of any complaint filed by it or against it or delivered to it at locations where such employees work not later than the date on which it files its answer with the board or on which it receives the answer of the charged party, or not later than 15 days after the receipt of the complaint if no answer to the complaint is to be filed.

          (f) The complainant shall reference and describe in the complaint all relevant documents, but shall not attach to or include with the complaint documents except as provided in part (d) above. Any and all documents the complainant or other parties to the proceeding wish to present to the board shall be identified and listed on exhibit lists as required elsewhere under these rules and shall be offered, if at all, as exhibits at hearing except to the extent otherwise ordered by the board.

          (g) If a complaint is alleged to be deficient for lack of one or more of the criterion of (b), the complainant may move to amend that complaint to correct the deficiency. The motion to amend shall be granted in the interest of administrative economy in order to avoid duplicative proceedings.

Pub 201.03 Answer. The respondent shall file an answer to the complaint with the board and deliver a copy of its answer to the complainant within 15 days of the date the complaint is filed. The answer shall contain a clear and concise statement fairly meeting each allegation in the complaint, specifically denying or admitting and explaining each allegation of which the respondent has knowledge.

Source. #2325, eff 3-28-83; ss by #3019, eff 5-14-85; EXPIRED: 5-14-91
New. #5679, eff 8-4-93, EXPIRED: 8-4-99
New. #7093, INTERIM, eff 9-9-99, EXPIRES: 1-7-00; ss by #7187, eff 1-8-00

Readopted with amendments Pub 201.04, effective 1-29-08

Pub 201.04        Amendments and Withdrawals.

          (a) With the exception of amendments requested during the course of a final hearing, all requests for amendment shall be presented to the board by a separately prepared and filed motion.

          (b)The board shall permit an amendment to the complaint or to the answer which is filed and requested at least 10 days prior to the date of hearing upon due notice to all parties.

          (c) The board shall allow requests for an amendment filed less than 10 days prior to the date of hearing, including requests filed at the conclusion of the hearing to amend the complaint or answer as necessary to conform to the evidence, unless the amendment shall result in unnecessary delay of the proceeding or unfair prejudice to another party in the proceeding.

          (d) When a complaint has been amended, the board shall provide the respondent with the opportunity to amend the response or answer.

          (e)A complaint may be withdrawn at any time by the complainant upon written notification to the board and such withdrawal shall be with prejudice unless the complaint is reinstituted as set forth in 201.04(f) and (g).

          (f) A party seeking to reinstitute a previously withdrawn complaint shall file a written motion containing the reason(s) for the withdrawal and for the requested reinstatement, and shall state whether the opposing party agrees to the reinstitution of the complaint.

          (g) The board shall reinstitute a complaint for good cause shown. Good cause shall include the respondent’s failure to comply in a timely manner with the material provisions of a settlement agreement which formed the basis for the withdrawal of the complaint.

 

Pub 201.05 Unfair Labor Practice Hearing.

(a) After the time for filing answers has passed, the board shall order a hearing to be held on all contested complaints within 45 days of the filing of the complaint. Notices of hearings on the merits shall be delivered at least 10 days prior to the hearing to all parties named in the complaint except as this time limit shall be shortened by Pub 201.03. The public employer whose employees might be directly affected by the board's disposition of the complaint shall display copies of the notice at locations where such employees work on the next working day following receipt of the notice. When it is necessary for a public employer to display copies of the notice at diverse locations because potential bargaining unit members work at locations remote from the place where the administration of the public employer is located, copies of the notice shall be mailed to those remote locations no later than the next working day following receipt of the notice. The copies so mailed shall be displayed at those remote locations on the same day they are received.

Source. #5679, eff 8-4-93 (from Pub 201.03), EXPIRED: 8-4-99
New. #7093, INTERIM, eff 9-9-99, EXPIRES: 1-7-00; ss by #7187, eff 1-8-00

Pub 201.06 Hearing Required.

(a) The board shall conduct hearings when there are issues of material fact or the parties wish to be heard on questions of law, either to address matters of original jurisdiction or to review the report of a hearing examiner.

(b) Unless otherwise agreed by the parties, the petitioning or complaining party shall have the burden of going forward with the case. A party offering a motion shall have the burden of going forward on the motion.

(c) In all adjudicative hearings under these rules, the party asserting the affirmative of a proposition shall bear the burden of proving the proposition by a preponderance of the evidence.

Source. #5679, eff 8-4-93, EXPIRED: 8-4-99
New. #7093, INTERIM, eff 9-9-99, EXPIRES: 1-7-00; ss by #7187, eff 1-8-00

Pub 201.07 Scheduling of Hearings; Notice; Continuances.

(a) All parties whose interests will be adjudicated at a hearing or whose testimony is necessary to a full and fair consideration of the issue to be raised at a hearing shall be given at least 10 days' notice of the time, place, statutory references, subject matter of the hearing, their right to legal counsel at their own expense and legal authority under which the hearing is to be held by a notice of hearing.

(b) A copy of the notice shall be delivered to the public employer whose employees will be directly affected by the outcome of the hearing. The employer shall display copies of the notice at its administrative offices and locations where such employees work on the next working day following receipt of the notice. Copies of the notice shall be mailed to remote locations no later than the next working day following receipt of the notice. Copies so mailed shall be displayed at those remote locations the same day as they are received.

(c) Any party to an adjudicative proceeding or with pending motions before the board or a presiding officer shall maintain a current address and telephone number on file with the board. Notices mailed by the board by first class mail, postage prepaid, to the address on file with the board shall be presumed to have been received by the party to whom they were directed.

(d) Time limits for the giving of notice to those parties and individuals who are to appear at a hearing may be waived by the parties or shortened from those set forth above by action of the presiding officer with reasonable notice, if the pending action, whether a petition or a complaint, seeks interim relief and alleges matters of irreparable harm or alleges a violation of RSA 273-A:5, I(f) or 273-A:5,  II(e) and the requesting party has shown a likelihood of prevailing based on the pleadings.

(e) The procedure for requesting and obtaining a continuance shall be as follows:

(1) All requests to continue a hearing shall:

a. Be given in writing to all parties to the hearing, including the board, at least 7 calendar days prior to the scheduled hearing;
b. State the specific reason for the request;
c. State that concurrence to the request has been sought from the opposing party;
d. State that the represented party has concurred, objects, consents, or takes no position on the request;
e. State at least 2 alternative hearing dates that are acceptable to the parties; and
f. If unable to contact opposing party, describe all attempts that were made to contact opposing party.

(2) Upon the filing of a request for a continuance, per Pub. 201.07 (e) (1), the presiding officer shall review the pleading and determine if a compelling need exists to grant the continuance, such as:

a. A party or a representative cannot attend due to a medical condition or unexpected injury.
b. A necessary witness cannot attend and an appropriate affidavit cannot be substituted for their presence by consent of the opposing party;
c. A party's counsel or representative has a previously scheduled arbitration case or mediation session, or an unexpected conflict with a trial scheduled in a state or federal court, and the following apply:

1. No other substitute counsel or representative is available to serve as a replacement; and
2. The party's counsel or representative shall provide the case or docket number to the board; or


d. Other sufficiently serious circumstances that preclude a party's availability to attend the hearing; and

(3) A hearing shall be continued in the absence of the above process only in an emergency situation, as determined by the presiding officer, for reasons such as severe weather, death in the family, traffic accidents, and illness.

(f) Hearings shall be continued from day to day, or recessed or adjourned to a later time or day or to a different place by the presiding officer giving notice to all parties who were notified of the original hearing for such reasons as:

(1) The time allotted for the hearing proved to be insufficient; or

(2) A party, representative, necessary witness or documentary evidence is unavailable.

(g) The presiding officer shall grant a motion to intervene and/or to participate as amicus curiae; if the party so requesting has demonstrated that its rights, duties, privileges or other substantial interests might be affected by the proceeding or if such intervention would be in the interests of justice and would not impair the orderly and prompt conduct of the proceedings.

(h) If a prospective intervener qualifies to intervene, at the time of intervention or as becomes appropriate thereafter, the presiding officer shall limit the intervener's participation so that it shall not be duplicative of the case being presented by the complainant/petitioner or the respondent provided that such limitation shall not be so extensive as to prevent the intervener from protecting the interest which was the basis for the intervention.

(i) The presiding officer shall grant a motion, whether by a party or by its own motion, to consolidate a matter or matters for hearing when the parties are similar, when there are multiple pleadings or motions seeking the same relief or both. In the event a party objects to such a consolidation, the consolidation shall not be finalized until the objecting party has had an opportunity to be heard on the basis of its objection

(j) All hearings shall be open to the public subject to the provisions of RSA 91-A.

Pub 201.08 Communication with Board on Pending Matters. All communication with the board on matters pending before it shall be in writing. Oral communications at hearings or in the presence of the parties shall be the exception. Copies of all such written communications shall be delivered to each of the other parties.

Source. #7187, eff 1-8-00

Pub 201.09 Conflict of Interest.

(a) Board members shall not participate in any case or proceeding before the board in which they have real or potential conflicts of interest. A conflict of interest occurs when a member has a personal involvement with the case, action, party or with the same issues being adjudicated. In the case of a question of conflict arising from the involvement by a member in the same issue being adjudicated, it shall involve more than an intellectual interest in the issue to require withdrawal of a member. No conflict shall exist if the board member possesses no more than an intellectual interest in the issue. A conflict shall be a direct personal, monetary or professional interest in the outcome of the decision on that issue.

(b) Conflicts of interest may be raised by:

(1) A board member who perceives that he/she has a conflict;

(2) The board, upon its own motion; or

(3) Any party to a case before the board at any time during a proceeding. However, if a party knows facts constituting a conflict prior to a hearing, the party shall raise the issue by written motion prior to the date of hearing at the first opportunity after discovery.

(c) In the event the issue of a conflict is raised, the member shall have the opportunity to disqualify himself or herself from the hearing. If the member declines because the member does not believe there is a conflict of interest, and if the board or a party before the board disagrees with that decision by the member, the matter shall be considered by the remaining members hearing the case. A majority of those remaining members shall determine whether the member shall be allowed to participate.

(d) No board member shall appear as an advocate before the board or sit on any case in which his law or labor relations firm, or an organization in which he is a member, is a party or represents a party.

(e) Nothing in this section shall prohibit a board member from being a witness before the board in a case in which that board member has actual knowledge of relevant facts. However, if a board member shall act as such a witness, that board member shall not participate in deliberations as to the outcome of the matter being heard.

(f) Pre-hearing submissions to the board shall fully identify all parties and/or witnesses to be called before the board so that issues, parties and witnesses can be known prior to hearing in order to help identify potential conflicts of interest prior to hearing.

(g) A board agent or employee acting as a hearing officer shall withdraw from any hearing upon his/her own initiative or upon a request of a party for good cause shown. Good cause shall include a direct interest in the outcome of the hearing or knowledge of a party or subject matter of the hearing that could improperly influence his or her judgment.

 Source. #7187, eff 1-8-00

Pub 201.10 Presiding Officer. All hearings shall be conducted by the presiding officer who shall have full authority to control the conduct of the hearing. The presiding officer shall administer oaths or affirmations to witnesses, see that a full inquiry is made into all matters in issue and ensure that a complete record is kept to ensure a fair consideration by the board on review of all matters arising in the course of hearing.

 Source. #7187, eff 1-8-00

Pub 201.11 Public Docket. The executive director of the board shall maintain a current public docket of all matters pending before the board and of all decisions rendered by the board.

Source. #7187, eff 1-8-00

Pub 201.12 Filing Fee. All unfair labor practice complaints shall be accompanied by a filing fee as provided in RSA 273-A:6.

Source. #7187, eff 1-8-00

 

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PART Pub 202 PRE-HEARING

Readopted with amendments Pub 202.01, effective 1-29-08

Pub 202.01    Pre-Hearing Conference.

          (a) In order to facilitate proceedings and encourage informal disposition of matters pending before it, the presiding officer may at the request of any party to a hearing or upon its own motion, conduct one or more informal pre-hearing conferences prior to the commencement of a formal hearing in an adjudicative proceeding.

          (b) In the event a pre-hearing conference is scheduled, the parties shall complete and file a pre-hearing worksheet within 10 days or such other time period as ordered by the board.

          (c) Each party representative shall include the following information in their respective worksheet:

(1) The name, address, telephone number, and e-mail address of the representative;

(2) Summary of  issue(s) presented for hearing;

(3) Identification of any procedural issues;

(4) Identification of witnesses;

(5) Estimate of time for case presentation;

(6) List of exhibits;

(7) Available dates for hearing; and

(8) Their signature certifying that a copy has been provided to the opposing party.

          (d) The purposes of such a conference shall include, but not be limited to:

(1) Exploring settlement alternatives;

(2) Identifying, resolving and simplifying the issues to be raised and presented at hearing;

(3) Obtaining stipulations of fact in order to shorten the length of the hearing;

(4) Identifying and/or limiting on the number of witnesses to be called;

(5) Exchanging and pre-identification of documentary evidence; and

(6) Resolving any questions pertaining thereto, and any other matters which will assist and aid in the disposition of the pending matter.

          (e) Parties attending the pre-hearing conference shall include the counsel or representative of record for the parties. Attendees shall not be required to include potential witnesses or interested parties not involved with the management of the case. Parties shall be prepared to discuss the issues and evidence involved in the case in a substantive manner. The board or presiding officer shall assist the parties as necessary and appropriate in formulating resolutions to the dispute. The parties shall come to the conference prepared to devote a portion of the conference to a serious and meaningful discussion of possible agreed upon resolutions to the dispute. Counsel or representatives shall have authority to engage in such discussions as well as access to a client by telephone during the conduct of the conference.


 

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PART Pub 203 CONDUCT OF HEARING

Pub 203.01 Witnesses; Subpoenas.

(a) Upon request therefore or on its own motion, the presiding officer shall compel the attendance and deposition of witnesses and the production of documents by issuing writs and subpoenas in the name of the board under RSA 273-A:6, IV. The presiding officer shall administer oaths to witnesses in the manner provided in RSA 516:19 and RSA 516:20. In all matters pertaining to witnesses the provisions of RSA 516 shall apply.

(b) Not later than 5 days before the scheduled date of any hearing before the board or presiding officer, the parties shall submit and exchange a list of all witnesses to be called to testify at the hearing and the purpose of their testimony and a list of exhibits. These requirements may be satisfied by the parties' participation in a pre-hearing conference under Pub 202.01.

(c) Any party may file a written application for a subpoena by requesting the board to issue a subpoena. The application shall identify the witnesses, his or her residential mailing address, shall list any documents sought under a subpoena duces tecum and shall set out a clear and concise statement of the reason for making the application. Witnesses subpoenaed shall be allowed the same fees as those paid to witnesses in the superior court. Requirements for service and fees shall be borne by the party requesting the subpoena.

(d) No employee serving as a witness or as counsel at a hearing shall suffer any loss of pay or benefits for having so appeared or served. In the case of such loss, a violation of RSA 273-A:5, I shall be presumed. However, any pay to which the witness may be entitled to under this paragraph may be reduced by the amount of any witness fee received.

(e) The presiding officer, on his or her own motion or at the request of a party or parties, shall sequester witnesses, when it shall assist the trier of fact.

Readopted with amendments Pub 203.02, effective 1-29-08

Pub 203.02    Rights to Representation; Rules of Evidence.

          (a) Any party to an adjudicative proceeding may be represented by an attorney licensed to practice law in New Hampshire or another person of the party's choosing. The attorney or the party representative shall notify the presiding officer of such representation in writing by filing a separate Notice of Appearance form not later than the time by which the responsive pleadings are exchanged by the parties or upon engagement if engaged thereafter., provided, however, that an attorney or party representative who files the initial complaint or petition is not required to file a separate Notice of Appearance form.

          (b) The appearance filed by the party's representative shall include the following:

(1) A brief identification and any docket number associated with the matter in which the representative will appear;

(2) A statement as to whether the representative is an attorney and if so, whether that representative is licensed to practice in New Hampshire; and

(3) That representative's daytime business address and telephone number.

          (c) Nothing in these rules shall be construed to allow or encourage the unauthorized practice of law.

          (d) All testimony of parties or witnesses shall be made under oath or affirmation administered by the presiding officer.

          (e) The formal rules of evidence shall not apply in adjudicative proceedings. Any oral or documentary evidence shall be received except that the presiding officer shall rule on and exclude irrelevant, immaterial or unduly repetitious evidence. The board shall observe those matters of privilege recognized by law. Objections to evidence offered may be made by a party and shall be ruled on by the presiding officer, thus causing it to be noted in the record of proceedings.

          (f) Documentary evidence shall be received by the board or presiding officer. Each exhibit shall contain an original, or authenticated conformed copy of the original, and 5 copies, the production and copying of which shall have been arranged prior to the day of hearing, unless extenuating circumstances make this impossible. At least 5 days before the scheduled hearing, or, in the case of rebuttal exhibits submitted at hearing, at least 5 days after the hearing, each party shall file one copy of their proposed exhibits electronically, properly marked for identification and/or accompanied by a separate statement designating exhibits which may be joint or exhibits with respect to which any objection is waived. Electronic filing of hearing exhibits, including any rebuttal exhibits submitted at hearing, shall not be required when the total number of pages for all of a party’s exhibits exceeds 100 pages, exclusive of any collective bargaining agreements which may be offered as exhibits, or when a motion seeking relief from the requirement of electronic filing of exhibits has been granted, such motions to be filed by the time of the pre-hearing conference, if any, or otherwise at least 15 days prior to the day of hearing .

          (g) In order to facilitate hearings and the taking of documentary evidence or testimony thereon, pursuant to RSA 541-A:33, V, the board or the presiding officer shall take official notice of:

(1) Any fact or result which would be judicially noticed by the courts of this state;

(2) The record of other proceedings before the board; and

(3) Generally recognized and commonly accepted terminology pertaining to public sector labor-management relations.

          (h) These rules do not contemplate the utilization of formal or informal discovery procedures by the parties prior to hearing.


 

Pub. 203.03 Motions; Objections.

(a) Motions shall be in written form and filed with the presiding officer, unless made in response to a matter asserted for the first time at a hearing or on the basis of information that was not received in time to prepare a written motion.

(b) Oral motions and any oral objection to such motions shall be recorded in full in the record of the hearing. If the presiding officer finds that the motion requires additional information in order to be fully and fairly considered, the presiding officer may direct the moving party to submit the motion in writing, with supporting information.

(c) Objections to written motions shall be filed within 15 days of the date of the motion, unless the circumstances of the case, as determined by the presiding officer, require a shorter period.

(d) The presiding officer shall rule upon a motion after full consideration of all objections filed and other factors relevant to the motion.

Readopted with amendments Pub 203.04, effective 1-29-08

Pub 203.04    Testimony; Filing of Briefs.

           (a) Any person whose interests might be affected by the determination of the board or the presiding officer shall be permitted to testify at the hearing.

          (b) If the presiding officer determines that a hearing on any matters before it is unnecessary because there is no dispute on a material fact, it shall seek agreement of the parties to an abbreviated process and shall notify the parties of the date by which briefs may be submitted on the matters in question.

          (c) The presiding officer shall require or shall allow, upon the request of a party, the filing of pre-hearing and/or post hearing briefs if the presiding officer determines that the submission of such briefs will be of assistance in deciding some or all of the issues in the case.

         (d) All such required or allowed post-hearing briefs shall be filed no later than 14 days following the last day of hearing, unless the presiding officer establishes a different date. Others entitled to participate, including those with amicus curiae status, shall submit briefs by the same deadline.

         (e) Except by prior leave of the presiding officer, no brief or memorandum shall exceed 15 pages. Each brief shall be prepared in a font size no smaller than 10 characters per inch or, if a proportionately spaced font is used, no less than 12 point. Each brief shall have no less than one inch margins. Each brief shall be consecutively numbered in the bottom center of each page; and be double spaced except for quoted material.

 

Pub 203.05 Closing of the Record.

(a) After the conclusion of the hearing, the record shall be closed and no other evidence shall be received into the record, except as allowed by paragraphs (b) and (c) of this section.

(b) Before the conclusion of the hearing, the presiding officer shall require, or a party may request that the record be left open to accommodate the filing of specified evidence not available at the hearing. If the other parties to the hearing have no objection or if the presiding officer determines that such evidence is necessary to a full consideration of the issues raised at the hearing, the presiding officer shall specify a date after the hearing until which the record shall remain open to receive the evidence.

(c) If any other party to the hearing requests time to respond to evidence submitted under paragraph (b) above, the presiding officer shall specify a date following filing of the material for the filing of a response. If any other party to the hearing requests the opportunity to cross-examine on the additional evidence submitted and admitted, the presiding officer shall specify a continued hearing date following filing of the materials for the purpose of conducting an examination on the additional evidence.

Pub 203.06 Reopening of the Record.

(a) At any time prior to the issuance of the decision on the merits, the presiding officer, on the presiding officer's own motion or on the motion of any party, shall reopen the record to receive newly discovered, relevant, material and non-duplicative testimony or evidence not previously received and not previously available at the time of hearing if the presiding officer determines that such testimony and evidence are necessary to a full consideration of the issues which form the subject of the hearing.

(b) Requests to reopen the record made after one or more parties have left the hearing shall be made in writing and supplied to the board or presiding officer and to any parties to the proceeding by the requestor. The requirements of Pub 201.01 shall be met.

(c) The presiding officer shall give written notice of such further proceedings if the parties are no longer present. The presiding officer shall also specify a date by which other parties shall respond to or rebut the newly received evidence.

Readopted with amendments Pub 203.07, effective 1-29-08

Pub 203.07    Transcripts.

          (a) All hearings shall be electronically recorded by the board or its agents or employees. Any person desiring to make a recording of a hearing may do so in a non-disruptive manner. However, the board's recording of the proceedings shall be considered the official record thereof. Copies of the board's recording of the proceeding may be obtained upon request under Pub 103.01(b).

          (b) In the event a party appeals a board decision to the Supreme Court, and that party's appeal is accepted for review, the appealing party shall initially bear the full, reasonable cost of preparing the transcript. Transcription shall be arranged in accordance with RSA 541-A:31, VII. The appealing party shall, upon completion of transcription, provide the original transcript to the board no later than 14 days prior to the date established by the Supreme Court for the filing of board’s record for inclusion within the record to be submitted to the Supreme Court. The costs of transcription shall include copies for all parties of record.

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PART Pub 204 DECISIONS

Pub 204.01 Time Periods. Decisions rendered by the board or presiding officer shall be issued within 45 days after the close of the hearing. All decisions shall be accompanied by findings of fact and rulings of law. In the case where the decision of a hearing officer is required to be filed with the board, the hearing officer shall simultaneously send copies thereof to the parties. The board shall take no action on the recommendation of the hearing officer until the 30 day period for filing a request for review of that decision under Pub 205.01 has elapsed.

Source. #2325, eff 3-28-83; ss by #3019, eff 5-14-85; EXPIRED: 5-14-91
New. #5679, eff 8-4-93, EXPIRED: 8-4-99
New. #7093, INTERIM, eff 9-9-99, EXPIRES: 1-7-00; ss by #7187, eff 1-8-00

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PART Pub 205 REVIEW AND REHEARING

Pub 205.01 Review of a Decision of Hearing Officer.

(a) Any party to a hearing or another person with an interest affected by the hearing officer's decision may file with the board a request for review of the decision of the hearing officer within 30 days of the filing of that decision and review shall be granted. The request shall set out a clear and concise statement of the grounds for review.

(b) The board shall review the case record and the decision. The review of the board shall result in approval, reversal or modification of the decision.

(c) The review shall be made administratively without a hearing de novo unless the grounds for review include mistake in material fact, in which case, a hearing shall be scheduled.

(d) Absent a request for review, the decision of the hearing officer shall become final in 30 days.

(e) The request for review of the hearing officer's decision shall precede, but shall not replace, the motion for rehearing of the board's decision pursuant to Pub 205.02 and RSA 541-A:5.

Source. #2325, eff 3-28-83; ss by #3019, eff 5-14-85; EXPIRED: 5-14-91
New. #5679, eff 8-4-93, EXPIRED: 8-4-99
New. #7093, INTERIM, eff 9-9-99, EXPIRES: 1-7-00; ss by #7187, eff 1-8-00

Pub 205.02 Motion for Rehearing.

(a) Any party to a proceeding before the board may move for rehearing with respect to any matter determined in that proceeding or included in that decision and order within 30 days after the board has rendered its decision and order by filing a motion for rehearing under RSA 541:3. The motion for rehearing, also known as reconsideration, shall set out a clear and concise statement of the grounds for the motion. Any other party to the proceeding may file a response or objection to the motion for rehearing. However, within 10 days of the date the motion was filed, the board shall grant or deny a motion for rehearing, or suspend the order or decision complained of pending further consideration, in accordance with RSA 541:5.

(b) Any other person, employee organization or public employer with an interest affected by any decision and order of the board may apply for a rehearing under this section in the same manner as a party to the original proceeding.

Pub 205.03 Appeal From Decision and Order on Rehearing. Appeals from decisions and orders of the board shall be taken to the New Hampshire Supreme Court under RSA 541:6 within 30 days after the application for rehearing is denied or, if the application is granted, within 30 days after the decision on rehearing.

Source. #2325, eff 3-28-83; ss by #3019, eff 5-14-85; EXPIRED: 5-14-91
New. #5679, eff 8-4-93, EXPIRED: 8-4-99
New. #7093, INTERIM, eff 9-9-99, EXPIRES: 1-7-00; ss by #7187, eff 1-8-00

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PART Pub 206 DECLARATORY RULINGS, RULEMAKING PROCEDURES

Pub 206.01 Petition for Declaratory Ruling.

(a) Any public employer, any public employee or any employee organization may petition the board under RSA 541-A for a ruling regarding the applicability of any statute within the jurisdiction of the board to enforce, or regarding any rule or order of the board, by filing with the board a petition for declaratory ruling setting out:

(1) The specific statute, rule or order whose applicability is in question; and

(2) A clear and concise statement of the facts giving rise to the petition.

(b) The board shall determine within 30 days of filing whether it shall dismiss such a petition or issue a ruling, and it shall subsequently give a ruling on all such petitions properly before it as expeditiously as possible.

(c) The board shall dismiss any such petition whose subject matter:

(1) Is substantially the same as that of a petition for declaratory ruling previously dismissed;

(2) Was the subject of a previous ruling on the merits, absent a showing that the circumstances attending the previous ruling or dismissal have changed substantially in the intervening period.

(d) Before rendering a declaratory ruling, the board shall entertain briefs from persons or organizations wishing to submit them, and upon request of a party, it shall conduct a hearing on the matter at which any person or organization wishing to may testify.

Source. #7187, eff 1-8-00

Pub 206.02 Petition for Adoption of Rules.

(a) Any person may petition the board pursuant to RSA 541-A:4 to exercise its authority under RSA 273-A:2, VI, to adopt, amend or repeal a rule by filing with the board a statement setting out the substance or the language of the proposed rule or amendment together with a clear and concise statement of the reason for proposing the new rule, or for amending or repealing an existing rule.

(b) The board shall, within 30 days of the filing of the petition, either deny the petition in writing, stating its reasons for doing so, or initiate rulemaking procedures under RSA 541-A:3.

(c) Petitions for adoption, amendment or repeal of rules shall be denied for the following reasons:

(1) The substance of the rulemaking petition conflicts with RSA Chapter 273-A or other statutes;

(2) The subject matter is the subject of litigation pending before the board;

(3) The board determines that the proposed rule will not further the interest of constructive labor relations in this state.

Source. #7187, eff 1-8-00

 

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PART Pub 207 RECORDS, REPORTS, AND REQUIRED FILINGS

Pub 207.01 Records. All records of the board shall be kept for 10 years as required by RSA 273-A:16, II. All hearings before the board and before all hearing examiners shall be electronically recorded. Any person desiring to make a transcript of any hearing may apply to the executive director of the board requesting a copy of the recorded proceedings or may listen to the tape recording of the hearing on the premises of the board.

Source. #7187, eff 1-8-00

Pub 207.02 Reports.

(a) The biennial report required to be submitted to the governor and council under RSA 273-A:16, III shall set out:

(1) Any changes in the membership of the board and its staff and other administrative information;

(2) Activities sponsored by the board or in which the board or any of its members officially participated;

(3) Statistics regarding filings for certifications, unit determinations, determinations on unfair labor practice complaints, intervention in collective bargaining negotiations and other such matters.

(b) The biennial report shall also contain the board's recommendations for amendments to RSA 273-A or 273-C and any changes to other statutes which its experience suggests might be in the public interest and its observations regarding the effect of labor statutes enacted or amended during the preceding years.

 Source. #7187, eff 1-8-00

Pub 207.03 Filing Budget Submission Date, Agreements

(a) Every public employer subject to RSA 273-A shall file with the board not later than September 1st, annually, the budget submission date to be used by all parties dealing with the public employer under RSA 273-A as required by RSA 273-A:3, IV.

(b) Every collective bargaining agreement concluded between the exclusive representative of an employee organization and a public employer shall be reduced to writing and signed by the parties and a copy of all such agreements shall be filed with the board within 14 days after they are executed as required by RSA 273-A:16. One party shall be chosen by the parties to be responsible for filing said agreement and that party shall be named on the signature page of the agreement.

Source. #7187, eff 1-8-00

 

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CHAPTER Pub 300 PUBLIC EMPLOYEE LABOR RELATIONS


PART Pub 301 BARGAINING UNIT CERTIFICATION

Readopted with amendments Pub 301.01, effective 1-29-08

Pub 301.01     Election of Exclusive Representative.

          (a) A petition for certification as the exclusive representative of a bargaining unit having no certified representative may be filed at any time. A petition for certification as the exclusive representative of a bargaining unit for which a collective bargaining agreement constituting a bar to election under RSA 273-A:11, I (b) presently exists shall be filed no more than 240 days and no less than 180 days prior to the budget submission date of the affected public employer in the year that agreement expires, notwithstanding any provisions in the agreement for extension or renewal.

          (b) Any petition filed less than 180 days prior to the budget submission date of the affected public employer shall be accompanied by an explanation of why the petition could not have been filed sooner. The board shall refuse to entertain any petition filed so close to the budget submission date of the affected employer that the board cannot reasonably conduct the election called for in the petition within 120 days of the budget submission date.

          (c) The petition under (a) above shall set out:

(1) The name, address and telephone number of the employee organization, employee group or person responsible for petitioning for certification as the exclusive representative of the bargaining unit, and of its representative, and the affiliation, if any, of the employee organization;

(2) The name, address and telephone number of the affected public employer and of its representative;

(3) A description of the proposed bargaining unit, together with the total number of employees in the proposed bargaining unit, their classifications and the number of employees in each classification, any category of employee proposed to be excluded from the bargaining unit and the reason for excluding that category:

(4) The name, address, telephone number and affiliation of any exclusive representative presently representing the bargaining unit;

(5) The expiration date of any existing collective bargaining agreement; and

(6) The budget submission date of the public employer.

          (d) This information may be provided on a petition for certification form, copies of which may be obtained from the board pursuant to Pub 103.02.

          (e) A petition filed under this section shall, when appropriate, contain a statement that the certification of the proposed bargaining unit has been agreed upon by the affected employer so indicating that no objection to the certification is to be filed.

         (f) A petition filed under this section shall also contain a statement that at least 30% of the employees in the proposed bargaining unit wish to be represented by the employee organization named in the petition.

         (g) Petitions seeking certification of an employee organization as the exclusive representative of a proposed bargaining unit composed of professional and non-professional employees shall be supported by the requisite percentage of employees in each category.

         (h) Individual petition cards, corresponding to the statement of support in (f), evidencing that the requisite number of employees in the proposed bargaining unit desire an election to be held, shall accompany the petition but shall be kept separate from the petition in order to ensure their confidentiality.

         (i) Petition cards shall, as a minimum, disclose the purposes for which they were solicited, the name of the labor organization or employee group soliciting same, and bear the signature and typewritten or printed name of the employee and the date the signature was obtained.

         (j) If an employee has signed more than one petition card and has signed a statement repudiating a previously signed petition card, the board shall recognize the last dated card or statement.

         (k) The board shall review the sufficiency of petition cards as soon as practicable once the board concludes, in its discretion, that it has received sufficient information to complete this determination. The board shall accept and review any subsequently filed petition cards or revocations of petition cards up to the time of its determination. Upon the completion of its determination the board shall notify the parties by order of its conclusions as to the sufficiency of petition cards and shall not thereafter accept nor review additional petition cards, regardless of whether such petition cards are filed by additional employees or represent revocations of previously filed and reviewed petition cards.

         (l) In determining whether the requisite number of employees in the proposed bargaining unit desire an election to be held, the board shall not consider:

(1) Any undated signature,

(2) Any signature obtained more than 6 months prior to the date the petition was filed, or

(3) The signature of any employee who is no longer employed in the proposed bargaining unit when the petition is filed.

         (m) Any person filing a petition for certification shall at the same time deliver a copy of the petition to any employee organization identified in the petition and to the public employer identified in the petition.

         (n) The public employer shall display copies of the petition at locations where employees of the existing or proposed bargaining unit work on the next working day following receipt of the petition. When it is necessary for a public employer to display copies of the petition at diverse locations because potential bargaining unit members work at sites remote from the place where the administration of the public employer is located, copies of the petition shall be mailed to those remote locations no later than the next working day following receipt of the petition. The copies so mailed shall be displayed at those remote locations on the same day they are received.

         (o) The public employer identified in the petition shall forward to the board as expeditiously as possible a complete list of the names of the employees in the bargaining unit proposed in the petition in order to permit the board to compare this list with the names submitted in support of the petition.

         (p) A petition filed under this section shall bear a conspicuous notice that exceptions and petitions to intervene shall be filed within 15 days of the date the original petition is filed. Exceptions shall set out a clear and concise explanation of any factual or legal reasons why the board should not entertain the petition.

         (q) A pre-hearing conference as described in Pub 202.01 may be scheduled when, for example:

(1) Issues revealed in pleadings might be disposed of or thereby clarified; or

(2) Evidentiary or procedural matters might be expedited.

         (r) If the board determines that the requisite showing of interest has been made, it shall proceed to determine the appropriate bargaining unit under Pub 302 and then to conduct an election under Pub 301.

Pub 301.02 Intervenors. Any employee organization other than the petitioner and any incumbent exclusive representative wishing to appear on the ballot shall file a petition to intervene setting out the same information as required in a petition filed under Pub 301.01 except that a petition to intervene shall be supported by at least 20% of the employees in the bargaining unit proposed in the petition to intervene. Petitions shall be filed under this section within 15 days of the date the original petition for certification or petition challenging certification is filed. Each intervenor shall deliver a copy of its petition to intervene to the parties named in the original petition when it files its petition with the board.

Source. #2325, eff 3-28-83; ss by #3019, eff 5-14-85; EXPIRED: 5-14-91
New. #5679, eff 8-4-93, EXPIRED: 8-4-99
New. #7093, INTERIM, eff 9-9-99, EXPIRES: 1-7-00; ss by #7187, eff 1-8-00

Pub 301.03 Decertification of Exclusive Representative.

(a) A petition for decertification alleging that the members of a bargaining unit no longer wish to be represented by the employee organization presently representing them shall contain the same categories of information and shall be treated in the same fashion as a petition filed under Pub 301.01. This information may be provided on a petition for decertification form, copies of which may be obtained from the board pursuant to Pub 103.02.

(b) When such a petition is successfully brought and affirmatively voted upon so that a majority of the votes have been cast for the proposition of "No Representative," the certified bargaining agent shall be decertified and there shall no longer be any organization with the statutory authority to give notice of an intent to bargain under RSA 273-A or 273-C or to enforce the terms of any collective bargaining agreement between a public employer and a formerly certified bargaining agent.

(c) If a group of employees in a bargaining unit seeks to decertify an existing certified bargaining agent and to replace it with a new certified bargaining agent, the group shall file a petition for certification under the applicable provisions of Rule Pub 301.01.

(d) The group, as petitioners, shall disclose on the petition for certification form that there is an existing certified bargaining agent, its identity, representative, place of business and telephone number.

(e) Petitioners shall provide notice to the currently certified bargaining who shall become a party to that proceeding, entitled to the same service and notice requirements as apply to the public employer.

(f) If petitioners are successful under these circumstances in decertifying an incumbent exclusive bargaining representative and in replacing it with a new certified bargaining agent in accordance with the majority vote requirements of these rules, then:

(1) Any existing collective bargaining agreement between the former certified bargaining agent and the public employer shall thereafter be administered by the newly certified collective bargaining agent as of the date the board has certified it as such, through its date of termination;

(2) If, at the time the newly elected exclusive bargaining agent is certified as such, there is no collective bargaining agreement in effect or the formerly certified exclusive bargaining agent and the public employer were in the course of bargaining for such an agreement, the newly certified collective bargaining agent shall assume the responsibility for continuing with that bargaining or for giving notice of intent to bargain within the time limits prescribed by statute; or

(3) If a newly certified collective bargaining agent enters on-going negotiations after the time for introducing new proposals has passed, it shall be permitted to initiate a single, one-time exchange of proposals or modifications to existing proposals.

(g) Pursuant to RSA 273-A:10, VI(b), the board shall decertify any employee organization which is found in a judicial proceeding comporting with RSA 273-A:15 to have discriminated with regard to membership, or with regard to the conditions thereof, because of age, sex, race, color, creed, marital status, or national origin; or has systematically failed to allow its membership equal participation in the affairs of the employee organization. If it is found in such judicial proceeding that grounds for decertification exist, the board shall conduct a hearing to determine if the certification of the employee organization which is the exclusive representative should be revoked under RSA 273-A:10, VI(b).

(h) After decertification of an exclusive representative under the provisions of this subsection, the rules of contract bar, RSA 273-A:11, I(b), shall not apply and a petition for certification may be filed under Pub 301.01 at any time. No employee organization decertified under the provisions of Pub 301.03(g) may seek to represent any bargaining unit in any election subsequent to its decertification until it has satisfied the board that it has purged itself of the violations for which it was decertified.

(i) Upon decertification of an exclusive representative, the board shall deliver a notice of decertification to the decertified employee organization and to the public employer in which affected bargaining unit is located. The public employer shall immediately display copies of the notice at locations where employees of the affected bargaining unit work.

(j) Notwithstanding the foregoing provisions of Pub 301.03, a certified bargaining agent may surrender its certification at any time by notice of its intent to surrender to members of the bargaining unit and written notice filed with the board and there upon:

(1) The board shall issue documentation of surrender;

(2) The documentation shall state the effective date whereupon the surrendering bargaining agent shall have no further responsibilities under the collective bargaining agreement, or under those provisions of RSA 273-A or 273-C giving it authority to bargain collectively;

(3) The terms of any collective bargaining agreement shall be void as of the effective date of the surrendering; and

(4) The surrendering of a certification as bargaining agent shall not be grounds to bar a subsequent bargaining agent election within the following 12 months under RSA 273-A:10, III or 273-C:10, III.

Source. #2325, eff 3-28-83; ss by #3019, eff 5-14-85; EXPIRED: 5-14-91
New. #5679, eff 8-4-93, EXPIRED: 8-4-99
New. #7093, INTERIM, eff 9-9-99, EXPIRES: 1-7-00; ss by #7187, eff 1-8-00

Pub 301.04 Merger or Affiliation of Existing Exclusive Representative.

(a) In the event of the merger or affiliation of the existing exclusive representative with any other national, regional, state or local organization or the removal of any such exclusive representative from affiliation with any such organization, the board shall duly note the status and identity without the requirement of a new election if all of the following conditions are met:

(1) The internal rules of the exclusive representative as to the approval of the affiliation or disaffiliation have been followed:

(2) The employees in the bargaining unit have been provided 2 weeks written notice by regular mail or other such opportunity intended to inform of the proposed change in status or organizational form through affiliation or disaffiliation and have had the opportunity for input into that decision whether by direct vote, or vote of their representative; and

(3) The local organization did not change materially