I. Introduction to and Background of the PELRB
The Public Employee Labor Relations Board (PELRB) was created by the passage of the Public Employees Labor Relations Act, which became effective on December 21, 1975. See RSA 273-A. Note: A clause preserving the composition of bargaining units and the continuity of collective bargaining agreements (CBA) in place prior to August 23, 1978 was added by an amendment to this statute in 1977. The PELRB has adopted administrative rules, available on the website (N.H. Admin. Rule Pub 100-300), which guide and direct PELRB practice and procedure.
The PELRB's administrative and adjudicatory functions include:
1) Processing certification petitions, which may include the conduct of pre-hearing conferences and adjudicatory hearings, and which involve bargaining unit composition hearings as well as the use of secret ballot election process to determine whether a majority of bargaining unit employees eligible to vote and who do vote have chosen to be represented by an exclusive representative for purposes of collective bargaining and the processing of grievances under RSA 273-A.
2) Processing modification petitions to determine whether the composition of an existing bargaining unit should be changed by the addition or removal of positions and conducting any necessary hearings.
3) Processing decertification petitions to determine whether employees in an existing bargaining unit wish to continue with the representation of a certified exclusive representative and engage in collective bargaining under RSA 273-A.
4) Processing unfair labor practice complaints to determine whether a particular respondent has violated a provision(s) of RSA 273-A:5, which may include the conduct of pre- hearing conferences and adjudicatory hearings.
5) Processing requests for the appointment of mediators, fact finders, and arbitrators.
6) Collecting and maintaining collective bargaining agreements negotiated pursuant to the provisions of RSA 273-A.
7) Maintaining the PELRB website to serve as a resource for agency constituents.
8) Maintaining an index to board decisions available for the public's use.
9) Adopting administrative rules to implement the provisions of RSA 273-A.
10) Responding to public and other inquiries submitted by email or telephone.
The Board consists of five regular members and four alternate members. As to the regular members, two members represent and have experience with organized labor, two members represent and have experience with management interests and one member represents the public and serves as chairperson. Terms are for six (6) years. As to the four alternate members, there are two public interest alternate members, one labor representative alternate member, and one management representative alternate member. Alternate public interest members serve as chair in the absence of the regular public member. Three members of the Board constitute a quorum; however, no meetings are held unless labor, management and the public are each represented by one Board member. PELRB staff includes an Executive Director and Counsel, two Staff Attorneys/Hearing Officers, an Executive Secretary and a Secretary Typist II. Contested proceedings are presided over by Board members and/or PELRB hearing officers and counsel.
The PELRB offices are in Concord at 2 1/2 Beacon Street, Suite 200.
According to agency rules, all filings shall be made electronically at [email protected] unless electronic filing is not available, in which case filings may be mailed or delivered to the PELRB offices. Inquiries may be submitted by email to [email protected] or by calling 603-271-2587.
All PELRB decisions and orders are available on the agency website, as are agency rules, RSA 273-A, collective bargaining agreements filed with the agency, bargaining unit certifications, neutral information, and other material.
In general all petitions for certification, decertification or modification of a bargaining unit, complaints of unfair labor practice and requests for appointment of a mediator, fact-finder or arbitrator shall be submitted using current PELRB Forms, available on the website under Forms, with the use of attachments as necessary in the event the space provided in the form is insufficient. The forms may be reproduced as a computer template. It is important that filings be made in a timely manner and that filings are submitted in accordance with any applicable time limits set forth in the statute and administrative rules.