Title XXIII, Labor

In this chapter: I. "Office" means the office of state and public sector labor relations created by RSA 273-E:2. II. "Public employee labor relations board" means the board created by RSA 273-A:2. III. "Personnel appeals board" means the board created by RSA 273-D:1, I. IV. "Righ…

The department of labor shall budget and account for its operations through restricted funds rather than through the general fund; said restricted funds to be funded through all fees, licenses, certificates, and civil penalties of the department of labor, as well as existing asse…

There is hereby established in the state treasury a department of labor restricted fund for the sole purpose of paying costs of operating the department of labor other than workers' compensation. All moneys in the restricted fund shall be continually appropriated to the departmen…

The labor commissioner shall transmit to the legislature a report upon these matters when the labor commissioner shall deem the occasion of sufficient importance, with such recommendations as the labor commissioner shall think advisable. The labor commissioner shall biennially ma…

I. If a petition is filed by: (a) At least 30 percent of the employees in the bargaining unit seeking recognition, alleging that they wish to be represented in collective bargaining by an employee organization as their exclusive representative or asserting that the employee organ…

I. If a petition is filed by: (a) At least 30 percent of the employees in the bargaining unit seeking recognition, alleging that they wish to be represented in collective bargaining by an employee organization as their exclusive representative or asserting that the employee organ…

I. Employers shall extend the following rights to the exclusive representative of a bargaining unit certified under RSA 273-C:10 or as set forth in RSA 273-C:9, IV: (a) The right to represent employees in collective bargaining negotiations and in the settlement of grievances. An …

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. Public employers shall extend the following rights to the exclusive representative of a bargaining unit certified under RSA 273-A:8: (a) The right to represent employees in collective bargaining negotiations and in the settlement of grievances. An individual employee may prese…

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…

The board may adopt rules, under RSA 541-A, relative to carrying out the provisions of this chapter and may conduct such studies as may be necessary to carry out the provisions of this chapter.

I. (a) Whenever the parties request the board's assistance or have bargained to impasse, or if the parties have not reached agreement on a contract within 60 days, or in the case of state employees 90 days, prior to the budget submission date, and if not otherwise governed by gro…

Any person aggrieved by a final order of the board granting or denying in whole or in part the relief sought may obtain review of such order in the manner prescribed in RSA 541.

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.

Strikes and other forms of job action by public employees are hereby declared to be unlawful. A public employer shall be entitled to petition the superior court for a temporary restraining order, pending a final order of the board under RSA 273-A:6 for a strike or other form of j…

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.

Any person aggrieved by a final order of the board granting or denying in whole or in part the relief sought may obtain review of such order in the manner prescribed in RSA 541.

I. A copy of all agreements reached as a result of collective bargaining under this chapter shall be filed with the board by the parties within 14 days after execution of such an agreement. II. All documents and records of the board shall be public records and shall be kept for a…

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.

Actions by or against the exclusive representative of a bargaining unit may be brought, without respect to the amount of damages, in the superior court of the county in which it is principally located, or where the plaintiff resides or has its principal place of business, if the …

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…

I. A copy of all agreements reached as a result of collective bargaining under this chapter shall be filed with the board by the parties within 14 days after execution of said agreement. II. Except as provided in paragraph IV, all documents and records of the board shall be publi…

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…

The board is authorized to receive any gifts, grants, or donations and to disburse and expend such gifts, grants, and donations.

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.

In this chapter: I. "Board" means the public employee labor relations board established under RSA 273-A:2. II. "Employee" means any person employed by an employer, as defined in RSA 273-C:2, IV, except persons in a probationary or temporary status, or employed irregularly or on c…

I. The board shall hear and decide appeals as provided by RSA 273-D:3 and appeals of decisions arising out of application of the rules adopted by the director of personnel except those related to: (a) Performance evaluations of classified employees; provided, however, that an emp…

I. There is hereby created a public employee labor relations board consisting of 5 members, appointed by the governor and council. Two members shall be appointed who shall have extensive experience representing organized labor. Two members shall be appointed who shall have extens…

I. There is hereby created an office of state and public sector labor relations consisting of the public employee labor relations board, the personnel appeals board, and the right-to-know ombudsman. The purpose of the office is to consolidate the physical location of the public e…

I. No board member shall participate in any case or issue before the board in which he has a potential conflict of interest. A conflict of interest shall include any case or action in which a member has a personal or professional interest and any case or action in which a member …

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.

I. It is the obligation of the public employer and the employee organization certified by the board as the exclusive representative of the bargaining unit to negotiate in good faith. "Good faith" negotiation involves meeting at reasonable times and places in an effort to reach ag…