Title XXIII, Labor

Whenever the commissioner deems it necessary, the commissioner may investigate and may prosecute any offenses against the laws under the commissioner's jurisdiction. The commissioner may, with the consent of the attorney general, proceed in superior court or other court of compet…

I. In addition to any criminal penalty provided under this title, the commissioner may, after hearing, impose a civil penalty not to exceed $2,500, unless specifically authorized to do so by another provision of law, as determined by the commissioner, for any violation of the pro…

I. There is hereby created a penalty appeal board which shall hear appeals from penalties imposed by the commissioner. II. The board shall be composed of 3 members, as follows: (a) One person representing the interests of management, to be appointed by the governor and council; (…

I. A person on whom the commissioner has imposed a penalty pursuant to RSA 273:11-a may appeal by filing a notice of appeal with the penalty appeal board within 15 business days after the commissioner's order. If no such notice is filed within this time limit, the commissioner's …

I. A person who has appealed to the penalty appeal board and who is aggrieved by a final decision of the board may appeal that decision to the supreme court, but only if the notice of that appeal is filed with the court within 15 business days after the date of mailing of the dec…

There shall be a state board of conciliation and arbitration consisting of 3 members and 3 alternates. The governor, with the advice and consent of the council, shall annually, in June, appoint one member and one alternate whose terms shall be 3 years from the following July 1. O…

Each member shall be sworn before entering upon the duties of his office. The board shall choose from its members a chairman, who shall preside at its meetings.

The board shall have a seal which shall be like the seal of the state, except that the device thereon shall be surrounded by the words "N.H. State Board of Conciliation and Arbitration," and which shall be affixed by the chairman of said board to all official papers issued by it.

Where conflict of interests prevents either employer or labor representative from serving on any case, upon written agreement of the representatives of the employer and employees involved in the dispute, the chairman may act as a single arbiter with all powers of the board.

Whenever any controversy or difference arises relating to the conditions of employment or rates of wages between any employer, whether resident or non-resident, and his employees, such controversy involving the interest of not less than 10 employees in the same general line of bu…

Said application shall be signed by the employer or by a majority of his employees in the department of the business in which the controversy or difference exists, or their duly authorized agent, or by both parties, and shall contain a concise statement of the grievance alleged, …

When an application is signed by an agent claiming to represent a majority of such employees the commissioner shall, before proceeding further, satisfy himself by secret ballot or otherwise that such agent is duly authorized to represent a majority of such employees. If the commi…

Neither the proceedings, nor any part thereof, before the labor commissioner by virtue of the foregoing provisions of this subdivision shall be received in evidence for any purpose in any judicial proceeding before any other court or tribunal.

Whenever in such case the employer and employees shall fail to agree to a settlement through the commissioner he shall endeavor to have them consent in writing to submit their differences to said board of arbitration.

The commissioner shall hold office for 3 years from the date of appointment and may be removed for cause by the governor, with the advice and consent of the council.

If arbitration is agreed to, the business shall continue on the existing basis, and the employees shall remain at work pending the decision of the board, which shall be rendered within 7 days after the completion of the hearing and shall be final.

If said hearing is on a question of wages the decision shall revert to the date when the employees presented their demand in writing to said employer.

The decision shall be binding upon the parties concerned in said controversy for 6 months, or until 60 days after either party has given the other notice in writing of his or their intention not to be bound by the same. Such notice may be given to employees by posting the same in…

The chairman of said board shall keep a record of the proceedings, issue subpoenas and administer oaths to the members of said board and to any witness the board may deem necessary to summon. Any notice or process issued by said board may be served by any sheriff or constable to …

Such arbitrators shall receive $50 a day for each day actually engaged in such arbitration and their necessary traveling expenses, to be paid upon vouchers signed by the commissioner, with the approval of the governor, out of the funds appropriated for the maintenance of the depa…

Upon the failure of the commissioner in any case to secure a reference to said board of arbitration, he shall request a sworn statement from each party to the dispute of the facts upon which their dispute and their reasons for not submitting the same to arbitration are based. Any…

Whenever it shall come to the knowledge of the commissioner, either by notice from the mayor of a city, a county commissioner, the president of a board of trade or other representative body, the president of a central labor council or assembly, or of any 5 reputable citizens or o…

In case the parties do not agree to so submit the matter, the commissioner may investigate the cause of such controversy and ascertain which party thereto is mainly responsible for the continuance of the same, and may make and publish a report assigning such responsibility.

Any vacancy existing in the office of commissioner shall be filled for the unexpired term by the governor, with the advice and consent of the council.

The salary of the commissioner shall be that prescribed by RSA 94:1-4, and his actual expenses incurred in the work of his office shall be paid on duly detailed vouchers approved by the governor.

I. There is hereby established within the department of labor the division of workers' compensation under the supervision of a classified director of workers' compensation who shall be under the direction of the commissioner. The director shall perform such duties as are assigned…

The division of workers' compensation shall include the following internal organization units: I. The bureau of rehabilitation management coordination. II. The bureau of case dispute resolution coordination. III. The bureau of hearing officers. IV. The bureau of statistical analy…

I. The records of the department of labor shall be public records open to the inspection of any person interested. II. [Repealed.]

The commissioner may periodically destroy pursuant to RSA 8-B reports, records and other documents which are, in his opinion, no longer of any value to the state.

The commissioner shall appoint a deputy labor commissioner. Said deputy shall exercise the powers and perform the duties of the commissioner whenever the labor commissioner is incapacitated, absent, unable to act from any cause, or whenever the commissioner deems it advisable and…

The salary of the deputy labor commissioner shall be that as fixed by RSA 94:1.

The commissioner shall, at such times as he shall deem it necessary, and without notice, visit the manufacturing, mechanical and mercantile establishments in the state, so far as practicable, for the purpose of ascertaining whether the laws with reference to employment are compli…

All inspections performed by the commissioner shall be proportional and relative to the potential violations being inspected. "Proportional" in this section shall be determined with reference to the importance of the issues at stake in the inspection, the degree to which the alle…