Revision: Feb. 4, 2011, midnight
SB 1-FN – AS INTRODUCED
2011 SESSION
06/01
SENATE BILL 1-FN
AN ACT eliminating the automatic continuation requirement for public employee collective bargaining agreements.
SPONSORS: Sen. Odell, Dist 8; Sen. Barnes, Jr., Dist 17; Sen. Boutin, Dist 16; Sen. Bradley, Dist 3; Sen. Bragdon, Dist 11; Sen. Carson, Dist 14; Sen. De Blois, Dist 18; Sen. Forrester, Dist 2; Sen. Forsythe, Dist 4; Sen. Gallus, Dist 1; Sen. Groen, Dist 6; Sen. Lambert, Dist 13; Sen. Luther, Dist 12; Sen. Morse, Dist 22; Sen. Rausch, Dist 19; Sen. Sanborn, Dist 7; Sen. Stiles, Dist 24; Sen. White, Dist 9
COMMITTEE: Public and Municipal Affairs
This bill eliminates the requirement that the terms of a collective bargaining agreement automatically continue if an impasse is not resolved at the time of the expiration of such agreement.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
11-0515
06/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ACT eliminating the automatic continuation requirement for public employee collective bargaining agreements.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Repeal. RSA 273-A:12, VII, relative to collective bargaining agreements, is repealed.
2 Effective Date. This act shall take effect upon its passage.
LBAO
11-0515
Revised 02/04/11
SB 1 FISCAL NOTE
AN ACT eliminating the automatic continuation requirement for public employee collective bargaining agreements.
FISCAL IMPACT:
The Public Employee Labor Relations Board states this bill may have an indeterminable fiscal impact on state, local, and county revenues and expenditures in FY 2011 and each fiscal year thereafter. The New Hampshire Association of Counties states this bill may decrease county expenditures by an indeterminable amount in FY 2012 and each fiscal year thereafter. The New Hampshire Municipal Association states this bill will decrease local expenditures by an indeterminable amount in FY 2012 and each fiscal year thereafter.
METHODOLOGY:
The Public Employee Labor Relations Board states this bill is a repeal of RSA 273-A:12, VII, a law requiring inclusion of an automatic continuation clause in collectively bargained agreements with public employees. The Board states under current law, when such agreements expire their terms and conditions pay plans, but not cost of living increases, shall continue in force and effect until a new agreement shall be executed. The Board states this repeal could result in a lack of or delay in wage increases for some public employees in the event any impasse is not resolved by the expiration date of any existing agreement that does not have a valid negotiated evergreen clause and will likely lead to a decrease in disputes and litigation concerning RSA 273-A:12, VII. The Board states it is unable to estimate the fiscal impact of this repeal due to lack of available data as it does not audit or assess the fiscal impact of collective bargaining agreements and it is uncertain how parties to statutory collective bargaining will respond.
The New Hampshire Municipal Association states this bill eliminates the requirement that the terms of a collective bargaining agreement for public employees continue automatically if an impasse is not resolved at the time of the expiration of such an agreement. The Association states elimination of this requirement will result in a discontinuation of automatic pay increases and allow public employee compensation to remain constant until a new contract is negotiated. The Association states this repeal will reduce local expenditures in FY 2012 and in each fiscal year thereafter by an indeterminable amount.
The New Hampshire Association of Counties states this bill repeals the state mandated evergreen provision and would effectively remove automatic pay step increases for public employees which cause county expenditures to increase without local spending approval. The Association further states this bill will decrease county expenditures as it will decrease time and resources spent on collective bargaining agreement negotiations. The Association cannot predict the fiscal impact on county expenditures as actual savings will depend on decisions made by specific counties.
The Department of Administrative Services states it anticipates no fiscal impact as a result of this repeal as the state of New Hampshire has specific evergreen language in its three current collective bargaining agreements (State Employees’ Association, the New England Police Benevolent Association, and the New England Troopers Association), which would remain in force until new agreements are negotiated.
The Judicial Branch states this bill would repeal RSA 273-A:12, VII eliminating the automatic continuation requirement for public employee collective bargaining agreements. The Branch states it currently has two collective bargaining agreements: one with the State Employees’ Association of New Hampshire covering over three hundred non-judicial employees; and other with Teamsters Local 633 covering over one hundred court security officers. The Branch states as both agreements are in effect until June 30, 2011 or until such time a new agreement is executed, there will be no fiscal impact as a result of this repeal.