HB185: relative to determining bargaining units for purposes of public employee collective bargaining.

CHAPTER 45

HB 185-FN – FINAL VERSION

2011 SESSION

11-0659

06/03

HOUSE BILL 185-FN

AN ACT relative to determining bargaining units for purposes of public employee collective bargaining.

SPONSORS: Rep. Daniels, Hills 6

COMMITTEE: Labor, Industrial and Rehabilitative Services

ANALYSIS

This bill requires a public employee bargaining unit to have at least 10 members.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

11-0659

06/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eleven

AN ACT relative to determining bargaining units for purposes of public employee collective bargaining.

Be it Enacted by the Senate and House of Representatives in General Court convened:

45:1 Determining Bargaining Unit. Amend RSA 273-A:8, I to read as follows:

I. The board or its designee shall determine the appropriate bargaining unit and shall certify the exclusive representative thereof when petitioned to do so under RSA 273-A:10. In making its determination the board should take into consideration the principle of community of interest. The community of interest may be exhibited by one or more of the following criteria, although it is not limited to such:

(a) Employees with the same conditions of employment;

(b) Employees with a history of workable and acceptable collective negotiations;

(c) Employees in the same historic craft or profession;

(d) Employees functioning within the same organizational unit.

[A public employer may recognize a bargaining unit with 3-10 members, but] In no case shall the board certify a bargaining unit of fewer than 10 employees with the same community of interest [without the prior approval of the governing body of the public employer]. For purposes of this section, probationary employees shall be counted to satisfy the employee minimum number requirement. In no case shall such probationary employees vote in any election conducted under the provisions of this chapter to certify an employee organization as the exclusive representative of a bargaining unit.

45:2 Effective Date. This act shall take effect 60 days after its passage.

Approved: May 9, 2011

Effective Date: July 8, 2011