HB1364 (2008) Detail

Relative to public employee collective bargaining negotiations under the public employee labor relations act.


HB 1364-FN – AS INTRODUCED

2008 SESSION

08-2369

08/10

HOUSE BILL 1364-FN

AN ACT relative to public employee collective bargaining negotiations under the public employee labor relations act.

SPONSORS: Rep. Burridge, Ches 3; Rep. Dunn, Ches 3; Rep. DeJoie, Merr 11; Rep. Reuschel, Hills 14; Rep. L. Hammond, Graf 11; Sen. DeVries, Dist 18; Sen. Kelly, Dist 10; Sen. D’Allesandro, Dist 20

COMMITTEE: Labor, Industrial and Rehabilitative Services

ANALYSIS

This bill establishes a procedure for the negotiation and resolution of public employee collective bargaining disputes under the public employee labor relations act.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

08-2369

08/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eight

AN ACT relative to public employee collective bargaining negotiations under the public employee labor relations act.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Obligation to Bargain. Amend RSA 273-A:3, II(a) to read as follows:

II.(a) Any party desiring to bargain shall serve written notice of its intention on the other party at least [120] 240 days before the budget submission date; provided, however, that bargaining with state employees shall commence not later than [120] 240 days before the deadline for submission of the governor’s proposed operating budget.

2 Resolution of Disputes. RSA 273-A:12 is repealed and reenacted to read as follows:

273-A:12 Negotiations and Resolution of Public Safety Employee Disputes.

I. Negotiations between the employer and a bargaining unit comprised of employees shall commence no later than 240 days prior to the employer’s budget submission date.

II. If by 150 days before the employer’s budget submission date the parties have been unable to reach an agreement, an impasse shall be declared and the parties shall select a mediator. If the parties are unable to mutually agree upon the selection of a mediator, the parties shall submit a request to the board according to its procedures, for the appointment of a mediator.

III.(a) By 120 days preceding the employer’s budget submission date, the mediator selected by the parties or appointed by the board shall attempt to effect a voluntary resolution of the dispute.

(b) Only disputed cost items will be brought forward. Matters that are not associated with cost and matters already agreed upon will not be part of the dispute resolution process.

(c) If the mediator is unable to effect settlement of the controversy within 45 days after their appointment, either party may petition the board to refer the dispute to a neutral impasse panel selected by the parties or appointed by the board.

(d) If the parties fail to find an agreement by 75 days before the submission of the employer’s budget, the disagreement shall be immediately referred to a neutral impasse panel.

IV. The neutral impasse panel shall consist of one member appointed by the employer, one member appointed by the bargaining unit, and one public member appointed by the public employee labor relation board who shall be the chairman of the panel. The cost of the members appointed to the neutral impasse panel will split evenly between the bargaining unit and the employer.

V.(a) The neutral impasse panel shall convene hearings on all matters related to the dispute not later than 60 days before the submission of the employer’s budget. The panel shall have the authority to conduct hearings. The parties may be heard either in person, by counsel, or by other representatives as they may respectively designate. The parties may present, either orally, in writing, or both, statements of facts, supporting witnesses, and other evidence in argument of their positions with respect to each case. The panel may require the production of such additional evidence, either oral or written, as it may desire from the parties.

(b) All matters presented to the neutral impasse panel for its determination shall be decided by a majority vote of the members of the panel. The panel, prior to a vote on any issue in dispute before it, shall upon the joint request of the members representing the public employer and bargaining unit, respectively, refer the issues back to the parties for further negotiations.

(c) The neutral impasse panel shall make a just and reasonable determination of the matters in dispute. The neutral impasse panel will have the authority to act on each issue separately and choose the most equitable solution to each subject separately.

(d) Prior to arriving at such determination, the panel shall provide reasonable opportunity for public comment; the panel may hold a public hearing or may extend the deadline for submission of written comment. If the neutral impasse panel continues the hearing or extends the deadline, it shall notify the public by any means it deems appropriate, including notice in the local media and wherever else practicable.

(e) In arriving at such determination, the panel shall specify the basis for its findings, taking into consideration, in addition to any other relevant factors, the following:

(1) Comparison of the wages, hours, and conditions of employment of the wages involved in the impasse proceeding with the wages, hours, and conditions of employment of other employees performing similar services or requiring similar skills under similar working conditions with other employees generally in public and private employment in comparable communities.

(2) Comparison of peculiarities in regard to other trades or professions, including hazards of employment, physical qualifications, educational qualifications, mental qualifications, and job training and skills.

(3) The interests and welfare of the public and financial ability of the public employer to pay.

(4) Comparison of peculiarities in regard to other trades or professions, including hazards of employment, physical qualifications, educational qualifications, mental qualifications, and job training and skills.

(5) The terms of collective bargaining agreements negotiated between the parties in the past providing for compensation and fringe benefits, including but not limited to the provisions for salary, insurance, medical and hospitalization benefits, paid time off, and job security.

VI. The collective bargaining agreement reached under this section shall be deemed a public document.

VII. A provision in any written contract to settle by arbitration a controversy thereafter arising out of such contract, or an agreement in writing to submit to arbitration any controversy existing at the time of the agreement to submit, shall be valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract.

VIII. Nothing in this chapter shall be construed to prohibit the parties from providing for such lawful procedures for resolving impasses as the parties may agree upon; providing that no such procedures shall bind the legislative body on matters regarding cost items. The parties shall share equally all fees and costs of such procedures.

3 Effective Date. This act shall take effect January 1, 2009.

LBAO

08-2369

11/21/07

HB 1364-FN - FISCAL NOTE

AN ACT relative to public employee collective bargaining negotiations under the public employee labor relations act.

FISCAL IMPACT:

      The Public Employee Labor Relations Board states this bill will increase state, county, and local expenditures by an indeterminable amount in FY 2009 and each year thereafter. There will be no fiscal impact on state, county, and local revenue.

METHODOLOGY:

    The Public Employee Labor Relations Board states this bill will establish procedures for the negotiation and resolution of public employee collective bargaining disputes under the public employee labor relations act through the creation of a neutral impasse panel. The panel would consist of three members: one member appointed by the employer, one member appointed by the employee association, and one member appointed by the Board. The costs for each member will fluctuate depending upon a panel member’s professional fees. The panel member appointed by the Board would be a neutral arbitrator whose fees would range between $800 and $1,500 a day depending on experience and ability. The Board indicates state, county and local expenditures will also be impacted by how often a panel may be convened and the length of the panel’s decision making process.