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PUBLIC MEETING NOTICE
Tuesday, August 26, 2008
9:30 am
Topics
1. Amendment of Administrative Rule Pub 301.05 in accordance with JLCAR
conditional approval
2. Adoption of Administrative Rule Pub 301.05.
3. Initial proposal Pub 200 and 300 (various)
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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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OTHER ADMINISTRATIVE
RULES CHANGES
Final legislative
approval has been obtained on several other administrative rule changes.
The index of those rules effected are listed below and can be found in "RULES"
section of this site.
Amended Rules
-Pub 201.01 -Pub 203.02
-Pub 302.02
-Pub 201.02 -Pub 203.04
-Pub 201.04 -Pub 203.07
-Pub 202.01 -Pub 301.01
New Rule
-Pub 301.05
Most of the changes
relate to the agency's effort to facilitate proceedings through the application
of technology, specifically electronic filing of documents. Individuals,
labor organizations, public employers and their representatives should read the
rules related to filings with the PELRB to see how easy and quickly documents
can be filed without the need to provide five copies. The new rules also
eliminate the need to file an original complaint in hard copy, but those
persons filing petitions and complaints with the PELRB are now required to
maintain the original in their own case file.
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PELRB CONTRACT LIBRARY
INCREASES
The PELRB has
received over 300 collective bargaining agreements from public employers and
public employee unions. These contracts are on file with the agency and
available for review or to be used as a resource. Please be reminded that
parties to a collective bargaining agreement are statutorily required to forward
a copy of any effective contract to the PELRB. Provision in electronic
form as a separate attachment is preferred, but hard copies are accepted.
(1/11/08)
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RULES and REGULATIONS
UPDATE
1.
Adopted Rule (eff. 1-29-08) Pub 301.05
2.
Adoptes Rules (eff. 1-29-08) Pub 201.01, 201.02, 201.04, 202.01, 203.02,
203.04, 203.07, 301.01 and 302.02
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