SB148 (2019) Compare Changes


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Unchanged Version

Text to be removed highlighted in red.

1 New Section; Public Employee Labor Relations; Notification of Rights Regarding Union Membership. Amend RSA 273-A by inserting after section 11 the following new section:

273-A:11-a Notification of Rights Regarding Union Membership.

I. A public employer shall provide to an employee organization access to members of the bargaining unit that the employee organization exclusively represents. Access shall include the following:

(a) The right to meet with affected employees on the premises of the public employer during the work day to investigate and discuss grievances and workplace-related complaints.

(b) The right to conduct worksite meetings during lunch and other work breaks, and before and after the workday, on the employer's premises to discuss workplace issues, collective bargaining negotiations, the administration of collective bargaining agreements, and other matters related to the duties of an exclusive representative.

(c) The right to meet with newly-hired employees, without charge to the pay or leave time of the employees, for 60 minutes, not later than 10 calendar days after the employee's first day of employment, during new employee orientations or, if the employer does not conduct new employee orientations, at individual or group meetings. At this initial meeting, the employee organization shall inform the employee of his or her right to accept or decline union membership and his or her rights under the current collective bargaining agreement. The employee shall also be provided with a written statement stating "union dues for the position for which you have been hired are estimated to be $_ per pay period."

(d) Meetings for any other purpose shall be by mutual agreement between the employee organization and the employer.

II. The home address, personal email address, and home or mobile telephone number of an employee of a public agency or public body, as those terms are defined in RSA 91-A:1-a, which maintains records identifying its employees shall not be public, except that such information may be disclosed to an employee organization whose written purpose is to represent public employees in collective bargaining, or as otherwise required by law, or as is necessary in the performance of the employee's duties. The home address, personal email address, and home or mobile telephone number of a family member of such employee contained in a record in the custody of a public agency or public body which maintains records identifying its employees shall not be public and may only be disclosed as required by law.

(a) Notwithstanding RSA 91-A, emails and other communications between employee organizations and their members shall be private records and shall be prohibited from disclosure, provided that, subject to an order or ruling by the board, such emails and other communications may be included in board proceedings or board records.

(b) The exclusive representative shall be allowed to use government buildings and other facilities that are owned or leased by government entities to conduct meetings consistent with the purposes established in this section; provided that the use does not interfere with governmental operations. An exclusive representative conducting a meeting in a government building or other government facility pursuant to this paragraph may be charged for maintenance, security, and other costs related to the use of the government building or facility that would not otherwise be incurred by the government entity.

(c) Nothing in this paragraph shall be construed to diminish the obligations of an employer to comply with a collective bargaining agreement that provides greater access and orientation rights than the rights established by law.

(d) In this paragraph, "exclusive representative" means the employee organization certified by the board as the exclusive representative of the bargaining unit.

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

Changed Version

Text to be added highlighted in green.

1 New Section; Public Employee Labor Relations; Notification of Rights Regarding Union Membership. Amend RSA 273-A by inserting after section 11 the following new section:

273-A:11-a Notification of Rights Regarding Union Membership.

I. A public employer shall provide to an employee organization access to members of the bargaining unit that the employee organization exclusively represents. Access shall include the following:

(a) The right to meet with affected employees on the premises of the public employer during the work day to investigate and discuss grievances and workplace-related complaints.

(b) The right to conduct worksite meetings during lunch and other work breaks, and before and after the workday, on the employer's premises to discuss workplace issues, collective bargaining negotiations, the administration of collective bargaining agreements, and other matters related to the duties of an exclusive representative.

(c) The right to meet with newly-hired employees, without charge to the pay or leave time of the employees, for 60 minutes, not later than 10 calendar days after the employee's first day of employment, during new employee orientations or, if the employer does not conduct new employee orientations, at individual or group meetings. At this initial meeting, the employee organization shall inform the employee of his or her right to accept or decline union membership and his or her rights under the current collective bargaining agreement. The employee shall also be provided with a written statement stating "union dues for the position for which you have been hired are estimated to be $_ per pay period."

(d) Meetings for any other purpose shall be by mutual agreement between the employee organization and the employer.

II. The home address, personal email address, and home or mobile telephone number of an employee of a public agency or public body, as those terms are defined in RSA 91-A:1-a, which maintains records identifying its employees shall not be public, except that such information may be disclosed to an employee organization whose written purpose is to represent public employees in collective bargaining, or as otherwise required by law, or as is necessary in the performance of the employee's duties. The home address, personal email address, and home or mobile telephone number of a family member of such employee contained in a record in the custody of a public agency or public body which maintains records identifying its employees shall not be public and may only be disclosed as required by law.

(a) Notwithstanding RSA 91-A, emails and other communications between employee organizations and their members shall be private records and shall be prohibited from disclosure, provided that, subject to an order or ruling by the board, such emails and other communications may be included in board proceedings or board records.

(b) The exclusive representative shall be allowed to use government buildings and other facilities that are owned or leased by government entities to conduct meetings consistent with the purposes established in this section; provided that the use does not interfere with governmental operations. An exclusive representative conducting a meeting in a government building or other government facility pursuant to this paragraph may be charged for maintenance, security, and other costs related to the use of the government building or facility that would not otherwise be incurred by the government entity.

(c) Nothing in this paragraph shall be construed to diminish the obligations of an employer to comply with a collective bargaining agreement that provides greater access and orientation rights than the rights established by law.

(d) In this paragraph, "exclusive representative" means the employee organization certified by the board as the exclusive representative of the bargaining unit.

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