Revision: Jan. 12, 2009, midnight
HB 46 – AS INTRODUCED
2009 SESSION
06/03
HOUSE BILL 46
AN ACT relative to dispute resolution within the context of public employee dispute resolution.
SPONSORS: Rep. Burridge, Ches 3
COMMITTEE: Labor, Industrial and Rehabilitative Services
This bill requires certain public employees to accept a neutral party’s findings and resolution of a dispute.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
09-0062
06/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nine
AN ACT relative to dispute resolution within the context of public employee dispute resolution.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraphs; Resolution of Disputes. Amend RSA 273-A:12 by inserting after paragraph I the following new paragraphs:
I-a. In municipalities where the governing body and the legislative body are the same, the parties shall accept the neutral party’s findings and recommendation and cost items shall be deemed approved. The parties shall share equally all fees and costs of such procedures. The provisions of paragraphs II-IV shall not apply to dispute resolutions covered by this paragraph.
I-b. Only matters in dispute and matters related to cost items shall be submitted to the neutral party. Matters that are not associated with cost and matters already agreed upon shall not be submitted to the neutral party.
2 Resolution of Disputes. RSA 273-A:12, II is repealed and reenacted to read as follows:
II. Except as provided in paragraph I-a, cost items associated with the neutral party’s recommendation shall be submitted to the legislative body of the public employer, which shall vote to accept or reject the cost items. If either negotiating team rejects the neutral party’s recommendations, his or her findings and recommendations shall be submitted to the full membership of the employee organization and to the legislative body of the public employer, which shall vote to accept or reject so much of the recommendations as is otherwise permitted by law.
3 Resolution of Disputes. Amend RSA 273-A:12, V to read as follows:
V. 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. The determination of the neutral party shall be final and binding upon the parties for the period prescribed by the neutral party, but in no event shall the period exceed one year from the termination date of any previous collective bargaining agreement or, if there is no previous collective bargaining agreement, then for a period not to exceed 2 years from the date of the determination by the neutral party. Such determination shall supersede any otherwise applicable dispute resolution procedure.
4 Effective Date. This act shall take effect 60 days after its passage.