Revision: April 15, 2011, midnight
HB 185-FN – VERSION ADOPTED BY BOTH BODIES
2011 SESSION
06/03
HOUSE BILL 185-FN
AN ACT relative to determining bargaining units for purposes of public employee collective bargaining.
SPONSORS: Rep. Daniels, Hills 6
COMMITTEE: Labor, Industrial and Rehabilitative Services
This bill requires a public employee bargaining unit to have at least 10 members.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
11-0659
06/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ACT relative to determining bargaining units for purposes of public employee collective bargaining.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Determining Bargaining Unit. Amend RSA 273-A:8, I to read as follows:
I. The board or its designee shall determine the appropriate bargaining unit and shall certify the exclusive representative thereof when petitioned to do so under RSA 273-A:10. In making its determination the board should take into consideration the principle of community of interest. The community of interest may be exhibited by one or more of the following criteria, although it is not limited to such:
(a) Employees with the same conditions of employment;
(b) Employees with a history of workable and acceptable collective negotiations;
(c) Employees in the same historic craft or profession;
(d) Employees functioning within the same organizational unit.
[A public employer may recognize a bargaining unit with 3-10 members, but] In no case shall the board certify a bargaining unit of fewer than 10 employees with the same community of interest [without the prior approval of the governing body of the public employer]. For purposes of this section, probationary employees shall be counted to satisfy the employee minimum number requirement. In no case shall such probationary employees vote in any election conducted under the provisions of this chapter to certify an employee organization as the exclusive representative of a bargaining unit.
2 Effective Date. This act shall take effect 60 days after its passage.
LBAO
11-0659
01/07/11
HB 185-FN - FISCAL NOTE
AN ACT relative to determining bargaining units for purposes of public employee collective bargaining.
FISCAL IMPACT:
The Public Employee Labor Relations Board states this bill may decrease state, county, and local expenditures by an indeterminable amount in FY 2011 and each year thereafter. This bill will have no fiscal impact on state, county, and local revenue.
METHODOLOGY:
The Public Employee Labor Relations Board states this bill would increase the minimum number of employees needed to certify a bargaining unit from three to 10. The increase in the number of employees required to form an employee organization (union) could reduce the creation of public sector unions and result in an indeterminable decrease in expenditures for public employers at the state, county, and municipal levels. The Board states this bill could decrease the number of parties seeking the Board’s assistance. The Board is responsible for the oversight of the certification process for new employee organizations, as well as any subsequent issues or disputes that may arise between the parties. The Board states there may be a decrease in expenditures as a result of a decrease in petitions for certification, as well as a decrease in expenditures directed towards the administration and adjudication of public sector labor disputes. The exact fiscal impact cannot be determined at this time.