NEW LAWS

► 2008 LEGISLATIVE SESSION CHAPTER LAW 137 (HB1127)

137:1 Determining Bargaining Unit. Amend RSA 273-A:8, I to read as follows:

I. The board or its designee shall determine the appropriate bargaining unit and shall certify the exclusive representative thereof when petitioned to do so under RSA 273-A:10. In making its determination the board should take into consideration the principle of community of interest. The community of interest may be exhibited by one or more of the following criteria, although it is not limited to such:

(a) Employees with the same conditions of employment;

(b) Employees with a history of workable and acceptable collective negotiations;

(c) Employees in the same historic craft or profession;

(d) Employees functioning within the same organizational unit.

A public employer may recognize a bargaining unit with 3-10 members, but in no case shall the board certify a bargaining unit of [less] fewer than 10 employees with the same community of interest without the prior approval of the governing body of the public employer. For purposes of this section, probationary employees shall be counted to satisfy the [10] employee minimum number requirement. In no case shall such probationary employees vote in any election conducted under the provisions of this chapter to certify an employee organization as the exclusive representative of a bargaining unit.

137:2 Effective Date. This act shall take effect 60 days after its passage.

Approved: June 6, 2008  Effective Date: August 5, 2008

►2008 LEGISLATIVE SESSION CHAPTER LAW 322 (HB1436)

388:1 New Paragraph; Resolution of Disputes. Amend RSA 273-A:12 by inserting after paragraph VI the following new paragraph:

VII. For collective bargaining agreements entered into after the effective date of this section, if the impasse is not resolved at the time of the expiration of the parties' agreement, the terms of the collective bargaining agreement shall continue in force and effect, including but not limited to the continuation of any pay plan included in the agreement, until a new agreement shall be executed. Provided, however, that for the purposes of this paragraph, the terms shall not include cost of living increases and nothing in this paragraph shall require payments of cost of living increases during the time period between contracts.

388:2 Effective Date. This act shall take effect upon its passage.

Approved: July 15, 2008    Effective Date: July 15, 2008

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