I. "Board" means the public employee
labor relations board established under RSA 273-A:2.
II. "Employee" means any person
employed by an employer, as defined in RSA 273-C:2, IV, except
persons in a probationary or temporary status, or employed
irregularly or on call. For the purposes of this chapter, however,
no employee shall be determined to be in a probationary status who
shall have been employed for more than 12 months or who has an
individual contract with his employer.
III. "Employee organization" means any
organization certified as the exclusive representative of a
bargaining unit by the board under this chapter.
IV. "Employer" means an employing unit
which is engaged in dog or horse racing, or both, and is licensed
to operate a race track under RSA 284 and which, in the current
calendar year, has or had employees.
V. "Professional employee" means any
employee engaged in work predominantly intellectual and varied in
character, involving the consistent exercise of discretion and
judgment, and requiring knowledge in a discipline customarily
acquired in a formal program of advanced study.
VI. "Terms and conditions of
employment" means wages, hours and other conditions of
employment, other than managerial policy within the exclusive
prerogative of the employer. The phrase "managerial policy
within the exclusive prerogative of the employer" shall be
construed to include, but shall not be limited to, the function,
programs, operations, and methods of the employer and its
business, including the use of the technology, the organizational
structure of the employer, the scheduling of racing days, events,
and racing seasons, the selection, direction and number of its
personnel, including employees, and other matters of management
imposed upon or delegated to the employer by statute or rule,
including without limitation, RSA 284, as it may be amended and
the rules of the pari-mutuel commission, in order to continue
control of the race track and its business by the employer.
