Bill Text - HB1513 (2012)

Changing the membership of the public employee labor relations board.


Revision: Dec. 14, 2011, midnight

HB 1513-FN – AS INTRODUCED

2012 SESSION

12-2333

06/01

HOUSE BILL 1513-FN

AN ACT changing the membership of the public employee labor relations board.

SPONSORS: Rep. Simard, Graf 8

COMMITTEE: Labor, Industrial and Rehabilitative Services

ANALYSIS

This bill modifies membership requirements for the public employee labor relations board.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

12-2333

06/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twelve

AN ACT changing the membership of the public employee labor relations board.

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

1 Public Employee Labor Relations Board; Membership. RSA 273-A:2 is repealed and reenacted to read as follows:

273-A:2 The Board.

I. There is hereby created a public employee labor relations board consisting of 5 members, 2 of whom shall be appointed by the president of the senate, 2 of whom shall be appointed by the speaker of the house of representatives, and one of whom shall be appointed by the executive council. Each member shall be a legal resident of the state of New Hampshire and shall own or shall have previously owned a business in New Hampshire. No person who is currently, or was previously, employed by the federal government or a state or municipal government shall be a member of the board. Members of the board may be removed by the governor and council for cause.

II. Each member of the board shall serve for a term of 6 years. Each member shall serve until his or her successor is appointed and qualified. A person appointed to fill a vacancy shall be appointed for the unexpired term by the appointing authority that appointed his or her predecessor.

III. Three members of the board shall constitute a quorum.

IV. The board may appoint an executive director and such other staff, including counsel, as it deems necessary, who shall serve at the pleasure of the board.

V. The board shall maintain a list of neutral third parties but the parties to an impasse may agree upon other persons not on the list.

VI. The board may make, amend, and rescind in the manner prescribed by RSA 541-A such rules, establish such procedures, and conduct such studies as may be necessary to carry out the provisions of this chapter.

VII. The members of the public employee labor relations board shall receive no compensation for their time, but shall be compensated for mileage at the current rate allowed by the Internal Revenue Service. Members shall submit hotel and meal receipts to the public employer. Members shall be reimbursed for hotel and meal expenses incurred in Concord while actually engaged in the performance of their duties. Reimbursements shall not exceed $10 for breakfast, $10 for lunch, and $35 for dinner.

VIII. All negotiations are to be held in Concord, at a venue agreed to by the parties. Any expenses associated with the negotiating venue shall be shared by the public employer and the employee organization.

IX. All board decisions shall be indexed in a timely fashion.

2 Effective Date. This act shall take effect 60 days after its passage.

LBAO

12-2333

12/07/11

HB 1513-FN - FISCAL NOTE

AN ACT changing the membership of the public employee labor relations board.

FISCAL IMPACT:

      The Public Employee Labor Relations Board states this bill will have an indeterminable fiscal impact on state, county and local expenditures in FY 2012 and each year thereafter. There is no fiscal impact on state, county or local revenue.

METHODOLOGY:

    The Public Employee Labor Relations Board states this bill reduces the size of the board to five, requires all board members currently own or previously have owned a business in the State, prohibits persons with current or prior employment with the federal, state, or municipal governments from service as a board member, changes the appointment process, mandates that parties conduct collective bargaining negotiations in Concord at a mutually agreed upon location, and changes the per diem from $50 to provide for mileage, meals and hotel reimbursement. The Board states it does not have sufficient data to determine if the board composition change will result in a cost savings or expense for public employers and if mandating that all collective bargaining take place in Concord will result in additional expenditures related to mileage, meals, hotel reimbursement, and the cost of securing space for the duration of negotiations.

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