New Hampshire Code of Administrative Rules Pub - Public Employee Labor Relations Board
📘 Overview of Key Parts in Part Pub
Part Pub 101: Definitions
This section provides definitions for terms used throughout the rules, such as "employee organization," "public employer," and "unfair labor practice." Clear definitions are essential for consistent interpretation and application of the rules.
Part Pub 102: Organization, Scope of Responsibility, Quorum
Outlines the structure of the PELRB, its responsibilities, and the requirements for a quorum during meetings. This ensures that decisions are made by a sufficient number of board members, maintaining legitimacy and accountability.
Part Pub 103: Filing, Records
Details the procedures for filing documents with the board and maintaining records. Proper filing and record-keeping are crucial for transparency and the efficient processing of cases.
Part Pub 201: Preliminary Matters and Conflict of Interest
Addresses issues related to conflicts of interest and other preliminary matters that may arise before a hearing. This helps maintain the integrity of the board's proceedings.
Part Pub 202: Pre-Hearing
Establishes procedures for preparing for hearings, including the exchange of information between parties. Effective preparation can lead to more efficient and fair hearings.
Part Pub 203: Conduct of Hearing
Sets forth the rules for conducting hearings, ensuring they are fair and orderly. This includes guidelines on presenting evidence, questioning witnesses, and making arguments.
Part Pub 204: Decisions
Describes how the board issues its decisions, including the requirement for written findings of fact and rulings of law. Clear and reasoned decisions are essential for upholding the rule of law and providing guidance for future cases.
Part Pub 205: Review and Rehearing
Provides procedures for parties to request a review or rehearing of a decision. This ensures that errors can be corrected and justice is served.
Part Pub 206: Declaratory Rulings Rulemaking Procedures
Outlines how the board can issue declaratory rulings and engage in rulemaking. This allows the board to provide clarity on legal questions and adapt to changing circumstances.
Part Pub 207: Records and Required Filings
Specifies the records that must be kept and the filings required by the board. Maintaining proper records is vital for accountability and transparency.
Part Pub 301: Bargaining Unit Certification
Details the process for certifying bargaining units, ensuring that employees have a clear and effective means of collective representation.
Part Pub 302: Determination of Appropriate Bargaining Units
Provides criteria for determining which employees should be included in a bargaining unit. This ensures that bargaining units are appropriately constituted.
Part Pub 303: Elections
Establishes procedures for conducting elections to determine representation. Fair elections are fundamental to democratic processes in labor relations.
Part Pub 304: Unfair Labor Practice
Defines what constitutes an unfair labor practice and the procedures for filing and adjudicating complaints. Addressing unfair labor practices is crucial for maintaining fair labor relations.
Part Pub 305: Impasse Resolution
Outlines methods for resolving impasses in negotiations, such as mediation and fact-finding. Effective impasse resolution helps prevent prolonged disputes and promotes labor peace.
⚖️ Case Law Illustrating the Application of Part Pub
1. SEA v. State of New Hampshire (1999)
In this case, the State Employees Association (SEA) alleged that the state had committed unfair labor practices by unilaterally changing rules affecting terms and conditions of employment without bargaining. The PELRB initially dismissed the complaint but later reversed its decision, finding that the state had violated RSA 273-A:5, I(e), (h), and (i) by refusing to negotiate in good faith and breaching the collective bargaining agreement. The New Hampshire Supreme Court upheld the PELRB's decision, emphasizing the importance of adhering to collective bargaining obligations.
2. Appeal of Exeter Police Association (2006)
This case involved a dispute over the denial of an officer's request to have an attorney present during an internal investigatory interview. The PELRB found that the denial violated the collective bargaining agreement and the officer's rights under RSA 273-A. The New Hampshire Supreme Court affirmed the PELRB's decision, highlighting the need to respect contractual rights and procedures.
🧭 Conclusion
The New Hampshire Code of Administrative Rules, Part Pub, provides a comprehensive framework for managing public employee labor relations. Through its detailed procedures and the application of case law, the PELRB ensures that disputes are resolved fairly and in accordance with the law. Understanding these rules is essential for both public employers and employees to navigate the complexities of labor relations in New Hampshire.
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