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Rules > PART Pub 304


PART Pub 304 UNFAIR LABOR PRACTICE

Pub 304.01 Complaint.
Pub 304.02 Interim Orders.
Pub 304.03 Decision and Order.

Pub 304.01 Complaint. Any public employer, any public employee, any employee organization under RSA 273-A or any party coming under the jurisdiction of RSA 273-C that believes an unfair labor practice has been committed against it may file a complaint alleging a violation of RSA 273-A:5 or RSA 273-C:6, respectively.

Pub 304.02 Interim Orders.

(a) When the board considers it to be in the public interest, it shall issue a cease and desist order under RSA 273-A:6, III pending a hearing under Pub 201.05.

(b) The board shall issue such an order for reasons to include, but not limited to:

(1) Protection of the public safety;

(2) To avoid prejudice to one party or another; or

(3) To avoid irreparable harm.

(c) Following the hearing and pending final disposition of the complaint, it shall petition the superior court in the county where any unlawful act is alleged to have occurred for an injunction when the board's interim order has not been honored and irreparable harm will result.

(d) Pending final disposition of a complaint relating to conduct sufficiently serious to affect the outcome of an election, the board shall stay the election or withhold certification of the election results under Pub 303.12.

Pub 304.03 Decision and Order.

(a) The board shall issue its decision and order within 45 days of the hearing on a complaint, or if the complaint is uncontested, within 45 days of the filing of the complaint. All decisions of the board shall be accompanied by express findings of fact and rulings of law. The board shall dismiss any complaint of a violation alleged to have occurred more than 6 months prior to the filing of the complaint with the body having original jurisdiction of that complaint, as required by RSA 273-A:6, VII and RSA 273-C:7, VII.

(b) If the board finds that an unfair labor practice has been committed or if the unfair labor practice complaint is uncontested, it shall issue a cease and desist order and shall order such relief as necessary to eliminate the consequences of the unfair labor practice. The board shall not be limited to the prayer for relief contained in the complaint. When warranted by the circumstances of a case, the board shall take continuing jurisdiction in that case, requiring periodic reporting of compliance under RSA 273-A:6, VI or RSA 273-C:7, VI.

(c) Circumstances warranting continuing jurisdiction shall include but not be limited to:

(1) The need to insure compliance with a board order; or

(2) The existence of future contingencies that might effect the performance of the board's order.

(d) If the board finds that the complaint is not supported by the weight of the evidence, it shall issue an order dismissing the charge.

(e) If, after issuing a decision and order in a case, the board receives pleadings from a complaining party alleging non-compliance with that decision and order, which decision and order has not been appealed within the time limits of RSA 541:6, and after investigation and/or hearing, determines that there is substance to the allegation of non-compliance, the board shall petition the superior court for the county in which the party sought to be enjoined is principally located for such order of the court as determined necessary to compel obedience with its order, as contemplated by RSA 273-A:7 or RSA 273-C:8.

New Hampshire Public Employee Labor Relations Board
2½ Beacon Street, Suite 200 | Concord, NH 03301
Telephone: (603) 271-2587 | E-mail: pelrb@nh.gov
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