SB 85-FN - AS INTRODUCED
1999 SESSION
SENATE BILL 85-FN
AN ACT including the judiciary as a public employer under the public employee labor relations act.
SPONSORS: Sen. F. King, Dist 1; Sen. J. King, Dist 18; Sen. Larsen, Dist 15; Rep. Quandt, Rock 20; Rep. Perkins, Hills 5
This bill adds the judiciary to the definition of public employers under RSA 273-A, the public employee labor relations act.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
99-0480
10/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord One Thousand Nine Hundred and Ninety-Nine
AN ACT including the judiciary as a public employer under the public employee labor relations act.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Board of Public Employer; Legislature and Judicial Branches. Amend RSA 273-A:1, II to read as follows:
II. "Board of the public employer" means the executive body of the public employer, such as the city council, board of selectmen, the school board or the county commissioners.
(a) For purposes of this chapter:
(1) The board of the public employer for [the] executive branch state employees means the governor and council.
(2) The board of the public employer for the judiciary means the chief justice of the supreme court with the advice and consent of the chief justice of the superior court pursuant to RSA 490-A.
(b) In certain political subdivisions of the state the board of the public employer may also be the legislative body.
2 Public Employer; Legislature and Judiciary Added. Amend RSA 273-A:1, X to read as follows:
X. "Public employer" means the state and any political subdivision thereof, the judicial branch of the state, any quasi-public corporation, council, commission, agency or authority, and the state university system.
3 New Section; Bargaining by Judicial Employees. Amend RSA 273-A by inserting after section 9 the following new section:
273-A:9-a Bargaining by Judicial Employees.
I. All cost items and terms and conditions of employment affecting judicial employees generally shall be negotiated by the unified court system, represented by the chief justice of the supreme court with the advice and consent of the chief justice of the superior court, with a single employee bargaining committee comprised of exclusive representatives of all interested bargaining units. Negotiations regarding terms and conditions of employment unique to individual bargaining units shall be negotiated individually with the representatives of those units by the chief justices.
II. The chief justice of the supreme court, with the advice and consent of the chief justice of the superior court, may designate an official negotiator who shall serve at the pleasure of the chief justices.
4 Court Personnel; Reference to Collective Bargaining Added. Amend RSA 490:26-b to read as follows:
490:26-b Court Personnel and Compensation System. The supreme court shall establish a uniform personnel classification and compensation system and salary and grievance procedures for all nonjudicial court personnel not covered by a collective bargaining agreement under RSA 273-A. The compensation system shall be approved by the legislature prior to becoming effective if the legislature is meeting in regular session. If the legislature is not meeting in regular session, the compensation system shall be approved by the legislative fiscal committee prior to becoming effective. The salary and grievance procedures for employees not covered by a collective bargaining agreement under RSA 273-A shall be established by administrative order of the supreme court.
5 Court Personnel; Reference to Collective Bargaining Added. Amend RSA 490:28 to read as follows:
490:28 Benefits of Nonjudicial Employees. [Notwithstanding any other provision of law] Except as provided in a collective bargaining agreement under RSA 273-A, full-time nonjudicial employees of the judicial branch shall, effective January 1, 1984, receive all fringe benefits and salary increases as provided for classified state employees including membership in the state retirement system, Blue Cross and Blue Shield coverage, dental insurance, life insurance coverage, and annual and sick leave benefits. Annual and sick leave benefits accumulated by said employees, as a result of service prior to January 1, 1984, shall be transferable under such guidelines as may be established by the supreme court unless covered in a collective bargaining agreement under RSA 273-A.
6 Effective Date. This act shall take effect January 1, 2000.
LBAO
99-0480
1/25/99
SB 85 -FN - FISCAL NOTE
AN ACT including the judiciary as a public employer under the public employees labor relations act.
FISCAL IMPACT:
The Judicial Branch indicates state general fund expenditures will increase by $36,129 in FY 2000, by $68,732 in FY 2001, by $72,083 in FY 2002 and by $75,600 in FY 2003. There is no fiscal impact on state, county and local revenue or county and local expenditures.
METHODOLOGY:
The Judicial Branch estimates that it will need a minimum of two additional employees to facilitate the provisions of the bill requiring judicial branch employees be included in the Public Employees Labor Relations Act.
Court Service Rep, Labor Grade 30, Step 1 $30,256
Secretary II, Labor Grade 10, Step 1 18,465
Benefits 15,105
Subtotal $63,826
X ½ year $31,913
Furniture 2,500
Supplies 1,716
Total $36,129
It is assumed that annual salary and benefit expenditures will increase by 5% annually.
The Public Employees Labor Relations Board states there is no additional cost to the Board as a result of this bill.