HB 636-FN - AS INTRODUCED
1999 SESSION
HOUSE BILL 636-FN
AN ACT relative to public safety employee collective bargaining negotiations under the public employee labor relations act.
SPONSORS: Rep. Kelley, Rock 22
COMMITTEE: Labor, Industrial and Rehabilitative Services
This bill establishes a procedure for the negotiation and resolution of public safety employee collective bargaining disputes under the public employee labor relations act.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
99-0600
10/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord One Thousand Nine Hundred and Ninety-Nine
AN ACT relative to public safety employee collective bargaining negotiations under the public employee labor relations act.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraph; Definition Added; Public Safety Employee. Amend RSA 273-A:1 by inserting after paragraph X the following new paragraph:
X-a. "Public safety employee" means any police officer, firefighter, or emergency medical technician employed by any political subdivision.
2 Obligation to Bargain. Amend RSA 273-A:3, II(a) to read as follows:
II.(a) Any party desiring to bargain shall serve written notice of its intention on the other party at least 120 days before the budget submission date; provided, however, that bargaining with state employees shall commence not later than 120 days before the deadline for submission of the governor's proposed operating budget; provided further, however, that bargaining with public safety employees shall commence not later than 240 days before the budget submission date.
3 New Section; Negotiations and Resolution of Public Safety Employee Disputes. Amend RSA 273-A by inserting after section 17 the following new section:
273-A:18 Negotiations and Resolution of Public Safety Employee Disputes.
I. Negotiations between the public employer and a bargaining unit comprised of public safety employees shall commence no later than 240 days prior to the public employer's budget submission date.
II. At the commencement of negotiations, but not later than 210 days prior to the public employer's budget submission date, the parties shall select a mediator and neutral impasse panel, as provided in paragraph III. If the parties are unable to mutually agree upon the selection of a mediator or a neutral impasse panel, they shall submit a request to the board according to its procedures, for the appointment of a mediator and a neutral impasse panel.
III.(a) Upon a party's declaration that an impasse exists, or upon the 150th day preceding the public employer's budget submission date, the mediator selected by the parties or appointed by the board shall attempt to effect a voluntary resolution of the dispute.
(b) If the mediator is unable to effect settlement of the controversy within 45 days after their appointment, either party may petition the board to refer the dispute to the neutral impasse panel selected by the parties or appointed by the board.
(c) Upon petition of either party or upon the motion of the mediator, the board shall refer the dispute to the neutral impasse panel selected by the parties or appointed by the board.
IV. The neutral impasse panel shall consist of one member appointed by the public employer, one member appointed by the bargaining unit, and one public member appointed jointly by the public employer and bargaining unit who shall be the chairman of the panel.
V.(a) The neutral impasse panel shall convene hearings on all matters related to the dispute not later than 15 days after the declaration of impasse by the board. The panel shall have the authority to conduct hearings. The parties may be heard either in person, by counsel, or by other representatives as they may respectively designate. The parties may present, either orally, in writing, or both, statements of facts, supporting witnesses, and other evidence in argument of their positions with respect to each case. The panel may require the production of such additional evidence, either oral or written, as it may desire from the parties.
(b) All matters presented to the neutral impasse panel for its determination shall be decided by a majority vote of the members of the panel. The panel, prior to a vote on any issue in dispute before it, shall upon the joint request of the members representing the public employer and bargaining unit, respectively, refer the issues back to the parties for further negotiations.
(c) The neutral impasse panel shall make a just and reasonable determination of the matters in dispute. In arriving at such determination, the panel shall specify the basis for its findings, taking into consideration, in addition to any other relevant factors, the following:
(1) Comparison of the wages, hours, and conditions of employment of the wages involved in the impasse proceeding with the wages, hours, and conditions of employment of other employees performing similar services or requiring similar skills under similar working conditions with other employees generally in public and private employment in comparable communities;
(2) The interests and welfare of the public and financial ability of the public employer to pay;
(3) Comparison of peculiarities in regard to other trades or professions, including hazards of employment, physical qualifications, educational qualifications, mental qualifications, and job training and skills;
(4) The terms of collective bargaining agreements negotiated between the parties in the past providing for compensation and fringe benefits, including but not limited to the provisions for salary, insurance, medical and hospitalization benefits, paid time off, and job security.
VI. The determination of the neutral impasse panel shall be final and binding upon the parties for the period prescribed by the panel, but in no event shall the period exceed 3 years from the termination date of any previous collective bargaining agreement or if there is no previous collective bargaining agreement, then for a period not to exceed 3 years from the date of the determination by the panel. Such determination shall not be subject to the approval of any local legislative body or other municipal authority.
VII. The collective bargaining agreement reached under this section shall be deemed a public document.
4 Effective Date. This act shall take effect January 1, 2000.
LBAO
99-0600
2/1/99
HB 636-FN - FISCAL NOTE
AN ACT relative to public safety employee collective bargaining negotiations under the public employee labor relations act.
FISCAL IMPACT:
The Public Employee Labor Relations Board (PELRB) is unable to determine the fiscal impact, if any, on county and local expenditures in FY 2000 and each year thereafter. There will be no impact on state expenditures or state, county and local revenue.
METHODOLOGY:
The PELRB states this bill provides that the proponent members of the impasse panel will be designated by their respective constituencies. The PELRB further states that without knowledge if that service will be provided pro bono by the proponent members of the panel or if they will be compensated by their constituencies. If so, there would be a cost to the governmental entity in the amount of that fee, something which does not occur in fact finding scenarios which are conducted by a single, neutral fact finder under RSA 273-A:12.