Agency Mission:
Established by legislation passed in 1975, the Public Employee Labor Relations Board is responsible for the administration of the laws pertaining to the labor-management relationships between all public employers and their employees except legislative employees, at the municipal, district, county, state and university levels. The law which recites the Board’s responsibilities (RSA Chapter 273-A) contains a statement of policy: 1) acknowledging the right of public employees to organize and be represented for the purpose of collective bargaining, 2) requiring public employers to negotiate in good faith, and 3) establishing the Board.

Structure:
The tripartite Board consists of five primary members and four alternate members who represent labor, management and neutral constituencies. The Board has a four person staff - Executive Director, Staff Counsel/Hearing Officer, Executive Secretary and Secretary Typist II.

Unit Determinations and Representation Elections:
The Board has responsibility in certifying bargaining units agreed upon by the parties and in resolving disputes about the composition of bargaining units when the parties cannot agree. It also serves as the certifying agency relative to the status of bargaining agents, whether those agents are being certified or decertified. This process is accomplished in the initial formation of a new union by submission of a written majority authorization, i.e. showing of interest cards or so-called “card check” without an election. An election process is employed where a union is already in place and decertification or substitution of another union is the goal. Finally, the Board may modify existing bargaining units upon petition by one or more of the parties when changes in circumstances indicate that a change in the composition of the bargaining unit is warranted.

Unfair Labor Practices:
The Board is the agency before which unfair labor practices are presented by the parties and determined in the form of a formal written decision. Unfair labor practices may be committed by either labor or management and are more specifically defined in the statute (RSA 273-A:5 and RSA 273-C:6). The Board also rules on requests for cease and desist orders and declaratory judgment petitions. In each case, the parties are afforded an opportunity for hearing and submissions of statements, and receive a written decision.

Dispute Resolution Resource:
Under RSA 273-A:12, the Board is identified as a resource to assist parties in the resolution of disputes. This includes furnishing names of prospective mediators or fact finders to assist the parties when they encounter difficulties in contract negotiations. The parties also may agree to call upon the Board for lists of arbitrators from which they may select an individual or panel to serve in that capacity, either under the collective bargaining agreement or on an ad hoc basis.

Private Sector Jurisdiction:
Legislation which became effective on July 1, 1990, recognized that the National Labor Relations Board had declined to take jurisdiction over operators of race tracks. Accordingly, RSA Chapter 273-C was enacted to confer on the Public Employee Labor Relations Board jurisdiction over employees of dog tracks and horse tracks.

Jurisdiction Over Court System Employees:
It having been previously held by the NH Supreme Court that the provisions of RSA 273-A extend only to the executive branch of state government [Appeal of House Legislative Facilities Subcommittee, 141 NH 443, 447 (1996)], amendments to RSA 273-A extended PELRB jurisdiction to employees of the State’s court system.

Website address for additional information, case decisions and statutes is www.NH.gov/PELRB.