Revision: Jan. 6, 2012, midnight
HB 1685-FN-LOCAL – AS INTRODUCED
2012 SESSION
06/05
HOUSE BILL 1685-FN-LOCAL
AN ACT relative to collective bargaining under the public employee labor relations statutes.
SPONSORS: Rep. Robbins, Hills 26
COMMITTEE: Labor, Industrial and Rehabilitative Services
This bill modifies certain rights of employers and employees under the public employee labor relations statute.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
12-2547
06/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twelve
AN ACT relative to collective bargaining under the public employee labor relations statutes.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraph; Public Employee Labor Relations; Definitions; Supervisor. Amend RSA 273-A:1 by inserting after paragraph X the following new paragraph:
X-a. “Supervisor” means an individual employed by a public employer having authority in the interest of the public employer to hire, direct, assign, promote, reward, transfer, furlough, layoff, recall, suspend, discipline, or remove employees, to adjust their grievances, or to effectively recommend such action, if the exercise of the authority is not merely routine or clerical in nature but requires the consistent exercise of independent judgment, except that, with respect to any unit which includes firefighters or nurses, the term “supervisor” includes only those individuals who devote a preponderance of their employment time to exercising such authority.
2 Bargaining by State Employees. RSA 273-A:9, I is repealed and reenacted to read as follows:
I. All compensation, cost items, and terms and conditions of employment affecting state employees in the classified system generally shall be negotiated by the state, represented by the governor as chief executive, with a single employee bargaining committee comprised of exclusive representatives of all interested bargaining units according to the following management and employee rights:
(a) Nothing in this chapter shall affect the authority of any management official of any agency to determine the mission, budget, organization, number of employees, and internal security practices of the agency and, in accordance with applicable laws:
(1) To hire, assign, direct, layoff, and retain employees in the agency, or to suspend, remove, reduce in grade or pay, or take other disciplinary action against such employees;
(2) To assign work, to make determinations with respect to sub-contracting, and to determine the personnel by which agency operations shall be conducted;
(3) With respect to filling positions, to make selections for appointments from:
(A) Among properly ranked and certified candidates for promotion; or
(B) Any other appropriate source; and
(4) To take whatever actions may be necessary to carry out the agency mission during emergencies.
(b) Nothing in this section shall preclude any agency and any labor organization from negotiating:
(1) At the election of the agency, on the numbers, types, and grades of employees or positions assigned to any organizational subdivision, work project, or tour of duty, or the technology, methods, and means of performing work;
(2) Procedures which management officials of the agency will observe in exercising any authority under this section; or
(3) Appropriate arrangements for employees adversely affected by the exercise of any authority under this section by such management officials.
(c) Each employee shall have the right to form, join, or assist any labor organization, or to refrain from any such activity, freely and without fear of penalty or reprisal, and each employee shall be protected in the exercise of such right. Except as otherwise provided under this chapter or other provision of law, such right includes the right:
(1) To act for a labor organization in the capacity of a representative and the right, in that capacity, to present the views of the labor organization to heads of agencies and other officials of the executive branch of the government, the legislature, or other appropriate authorities;
(2) To engage in collective bargaining with respect to conditions of employment through representatives chosen by employees under this chapter; and
(3) To refrain from paying any fees to, or at the direction of, any labor organization as a condition of employment.
3 New Section; Bargaining Unit Status for Public Employee Supervisors. Amend RSA 273-A by inserting after section 2-a the following new section:
273-A:2-b Bargaining Unit Status of Public Employee Supervisors. Supervisors are not included in any bargaining unit and not covered employees for purposes of collective bargaining.
4 Effective Date. This act shall take effect 60 days after its passage.
LBAO
12-2547
01/03/12
HB 1685-FN-LOCAL - FISCAL NOTE
AN ACT relative to collective bargaining under the public employee labor relations statutes.
FISCAL IMPACT:
The Office of Legislative Budget Assistant is unable to complete a fiscal note for this bill as it is awaiting information from the Public Employee Labor Relations Board. When completed, the fiscal note will be forwarded to the House Clerk's Office.