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