hb 0261

CHAPTER 170

HB 261-FN - FINAL VERSION

AN ACT including the judiciary as a public employer under the public employee labor relations act.

SPONSORS: Rep. J. Pratt, Ches 2; Rep. Craig, Hills 38; Sen. Larsen, Dist 15; Sen. O'Neil, Dist 18

This bill adds the judiciary to the definition of public employers under RSA 273-A, the public employee labor relations act.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

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:

170:1 Board of Public Employer; Judicial Branch. 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.

(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.

170:2 Public Employer; 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.

170:3 New Section; Bargaining by Judicial Employees. Amend RSA 273-A by inserting after section 9 the following new section:

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.

170:4 Court Personnel; Reference to Collective Bargaining Added. Amend RSA 490:26-b to read as follows:

I. 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.

II. If court employees exercise their rights under RSA 273-A, their wages, benefits, and other conditions of employment shall be negotiated through their bargaining agent. Once a petition for certification covering court employees has been filed, the terms and conditions of their employment shall remain in force and preserve the status quo until either an election has been conducted or an initial contract has been negotiated, whichever is the last to occur. If they choose not to organize under RSA 273-A or are unsuccessful, their wages, benefits, and terms and conditions of employment shall be determined by the provisions of RSA 490:28.

170:5 Court Personnel; Reference to Collective Bargaining Added. Amend RSA 490:28 to read as follows:

170:490:28 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~~] health insurance, 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.