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Rules > PART Pub 305


PART Pub 305 IMPASSE RESOLUTION

Pub 305.01 Request for Intervention.
Pub 305.02 List of Mediators, and Fact-Finders and Arbitrators.
Pub 305.03 Notice of Impasse; Timetable for Mediation and Fact-Finding.
Pub 305.04 Petition for Appointment of Mediator or Fact-Finder.

Pub 305.01 Request for Intervention.

(a)  The parties to a labor dispute arising under RSA 273-A may request the board to mediate or to undertake fact-finding under RSA 273-A:12, I at any time.

(b)  Unless the request is made within 60 days of the public employer's budget submission date, the board shall refuse such intervention until it determines, based on the subjects being negotiated, the number of times the parties have met to negotiate, the duration of negotiation sessions, and the areas of disagreement, that a reasonable period of negotiation has elapsed.  The board shall intervene itself, or through a neutral third party appointed by the board. Before appointing any neutral party to act on its behalf under this rule, the board shall first attempt to have a neutral party chosen by the parties to the dispute.

(c)  Persons seeking inclusion on the list of neutrals maintained by the board under RSA 273-A:2, V shall file with the board an application consisting of the following:

(1)  A curriculum vitae inclusive of a list and description of their education, credentials, training, experience, and fee schedule;

(2)  A list of their bargaining impasse mediations, bargaining impasse fact findings, and arbitration cases over the prior 18 months, including the date, the name of the parties and their representatives, a brief description of the result, and a copy of any recommendation-award-decision if applicable and available; and

(3)  Three references, one each from a management representative, a labor representative, and a professional peer who are each familiar with the applicant’s work.

(d)  The board shall approve applications which the board finds demonstrate proficiency and competency in the areas of public sector bargaining impasse mediation, bargaining impasse fact-finding, or grievance arbitration.  The board shall make this determination based upon the applicant’s length and breadth of experience in bargaining impasse mediation, bargaining impasse fact-finding, and grievance arbitration in the field of public sector labor relations, and other factors, such as professionalism, an ability to assist parties dealing with complex legal and factual issues, an ability to manage difficult parties, strong communication and writing skills, and references.

Pub 305.02 List of Mediators, and Fact-Finders and Arbitrators.

(a) The board shall maintain as referenced in Pub 305.01 a list of neutrals, inclusive of mediators, fact finders and arbitrators, and of organizations offering the services of mediators, fact finders and arbitrators from which it shall make appointments. The parties may, under RSA 273-A:2, select a third party not on the list maintained by the board.

(b) When a party requests the services of an arbitrator to be appointed from the list maintained by the board, it shall provide the following information on Form P-8 “Request for Appointment of Grievance Arbitrator,” dated 9-15-16:

(1) Its name, address, telephone number, and its counsel or representative, if different from the requesting party;

(2) The name of the opposite party, its address, telephone number, and its counsel or representative if different from the officer or responsible party named in the request;

(3) The nature of the grievance inclusive of its subject matter, the contract article(s) alleged to have been violated and the date it was originally filed; and

(4) Any agreements as to the identity and appointment of an arbitrator.

(c) The information required in order to request the services of an arbitrator shall be provided on Form P-8 “Request for Appointment of Grievance Arbitrator,” dated 9-15-16.

Pub 305.03 Notice of Impasse; Timetable for Mediation and Fact-Finding.

(a) If the parties to a labor dispute have not reached agreement on a contract within 90 days prior to the public employer's budget submission date, the parties shall so inform the board. Unless the parties have chosen a mediator, they shall petition the board to appoint a mediator to be available to begin mediation 60 days prior to the public employer's budget submission date.  Mediation shall continue as long as the board determines mediation is necessary considering the likelihood of resolution. The board shall replace a mediator with another chosen by the parties or, failing agreement, appointed by the board whenever it determines this to be in the public interest.

(b) By example but not limitation, a mediator shall be assigned by the board:

(1) When time is of the essence because of the proximity of the budget submission date; or

(2) To avoid one party or the other stalling the process by refusing to choose a mediator.

(c) If mediation does not result in agreement within 50 days prior to the public employer’s budget submission date, the parties shall so inform the board. Unless the parties have chosen a fact-finder, they shall petition the board to appoint one to be available to begin fact-finding 45 days prior to the public employer's budget submission date. The fact-finder shall make and report findings of fact to the parties and to the board, together with recommendations for resolving each of the issues remaining in dispute, within 30 days of appointment unless the board otherwise directs. The parties shall notify the board of their acceptance or rejection of the fact-finder’s report within 10 days after the report is filed.

(d) When it appears that extension might result in resolution of negotiations, the board shall permit mediation to extend beyond the public employer's budget submission date and, when it appears that late submission will be productive of a settlement, interim or permanent, the board shall permit the fact-finder to submit his report after the public employer's budget submission date.

(e) No party and no person acting on behalf of a party shall make public any of the findings or recommendations contained in the fact-finder’s report while the parties are considering the report. Publication of a fact-finder's report before the parties have considered it for 10 days shall be treated as an unfair labor practice under RSA 273-A:5, I(e) and II(d) as well as a violation of RSA 273-A:12, for which the board shall grant appropriate relief.

(f) The parties shall inform the board whenever they shall have ceased negotiating, giving their reasons for having ceased negotiations, and they shall likewise inform the board when negotiations are reopened.

Pub 305.04 Petition for Appointment of Mediator or Fact-Finder.

(a) A petition for appointment of mediator or fact-finder, referred to in Pub 305.03(a) and (b), shall be signed by the chief negotiator of the requesting party or parties.

(b) The petitioner shall provide:

(1) The name, address, affiliation, and telephone number of the responsible officer and chief negotiator, if different, of both bargaining teams.

(2) The name, business address, and telephone number of the party’s or parties’ preference for a mediator or fact-finder if any;

(3) A statement, titled "Issues in Controversy," setting out the unresolved issues in dispute as of the date of the petition; and

(4) If the statement of unresolved issues is mutually agreed upon, it shall be signed by the responsible officers or chief negotiators of both bargaining teams.

(c) The information required in order to request the services of a mediator shall be provided on Form P-6 “Petition for Appointment of Mediator,” dated 9-15-16.

(d) The information required in order to request the services of a fact finder shall be provided on Form P-7 “Petition for Appointment of Fact-Finder,” dated 9-15-16.

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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