II. (a) Any party desiring to bargain shall
serve written notice of its intention on the other party at least
120 days before the budget submission date; provided, however,
that bargaining with state employees shall commence not later than
120 days before the deadline for submission of the governor's
proposed operating budget.
(b) Only cost items shall be submitted to the
legislative body of the public employer for approval at the next
annual meeting of the legislative body, unless there is an
emergency as defined in RSA 31:5 or RSA 197:3. If the legislative
body rejects any part of the submission, or while accepting the
submission takes any action which would result in a modification
of the terms of the cost item submitted to it, either party may
reopen negotiations on all or part of the entire agreement.
(c) If the public employer is a local political
subdivision with a city or town council form of government cost
items shall be submitted within 30 days to the city council or
aldermen or to the town council for approval. Within 30 days of
the receipt of the submission, the city council, aldermen, or the
town council shall vote to accept or reject the cost items. If the
city council or aldermen or the town council rejects any part of
the submission, or while accepting the submission takes any action
which would result in a modification of the terms of the cost item
submitted to it, either party may reopen negotiations on all or
part of the entire agreement.
III. Matters regarding the policies and practice
of any merit system established by statute, charter or ordinance
relating to recruitment, examination, appointment and advancement
under conditions of political neutrality and based upon principles
of merit and competence shall not be subjects of bargaining under
the provisions of this chapter. Nothing herein shall be construed
to diminish the authority of the state personnel commission or any
board or agency established by statute, charter or ordinance to
conduct and grade merit examinations from which appointments or
promotions may be made.
IV. Each public employer shall record its budget
submission date with the board.
