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RSA 273-A:1 · Definitions

Title
XXIII: LABOR
Chapter
273-A · PUBLIC EMPLOYEE LABOR RELATIONS
Status
current
Official source linked
Yes
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273-A:1 Definitions. – In this chapter:

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I.

"Board" means the public employee labor relations board created by RSA 273-A:2.

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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.

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(a)

For purposes of this chapter:

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(1)

The board of the public employer for executive branch state employees means the governor and council.

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(2)

Theboard of the public employer for the judiciarymeans the chief justice of the supreme court with the advice and consent of the judicial branch administrative council appointed pursuant to supreme court rule 54.

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(b)

In certain political subdivisions of the state the board of the public employer may also be the legislative body.

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III.

"Budget submission date" means the date by which, under law or practice, the public employer's proposed budget is to be submitted to the legislative or other similar body of the government, or to the city council in the case of a city, for final action. In the case of a town, school district or supervisory union it means February 1 of each year, except in the case of a city school district or city school administrative unit which has a separate budget submission date applied to it by the city.

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IV.

"Cost item" means any benefit acquired through collective bargaining whose implementation requires an appropriation by the legislative body of the public employer with which negotiations are being conducted.

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V.

"Grievance" means an alleged violation, misinterpretation or misapplication with respect to one or more public employees, of any provision of an agreement reached under this chapter.

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VI.

"Impasse" means the failure of the 2 parties, having exhausted all their arguments, to achieve agreement in the course of good faith bargaining, resulting in a deadlock in negotiations.

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VII.

"Legislative body" means that governmental body having the power to appropriate public money. The legislative body of the state community college system and university system shall be the board of trustees.

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VIII.

"Professional employee" means any employee engaged in work predominantly intellectual and varied in character, involving the consistent exercise of discretion and judgment, and requiring knowledge in a discipline customarily acquired in a formal program of advanced study.

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IX.

"Public employee" means any person employed by a public employer except:

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(a)

Persons elected by popular vote;

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(b)

Persons appointed to office by the chief executive or legislative body of the public employer;

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(c)

Persons whose duties imply a confidential relationship to the public employer; or

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(d)

Persons in a probationary or temporary status, or employed seasonally, irregularly or on call. For the purposes of this chapter, however, no employee shall be determined to be in a probationary status who shall have been employed for more than 12 months or who has an individual contract with his employer, nor shall any employee be determined to be in a temporary status solely by reason of the source of funding of the position in which he is employed.

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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, the state community college system, and the state university system.

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XI.

"Terms and conditions of employment" means wages, hours and other conditions of employment other than managerial policy within the exclusive prerogative of the public employer, or confided exclusively to the public employer by statute or regulations adopted pursuant to statute. The phrase "managerial policy within the exclusive prerogative of the public employer" shall be construed to include but shall not be limited to the functions, programs and methods of the public employer, including the use of technology, the public employer's organizational structure, and the selection, direction and number of its personnel, so as to continue public control of governmental functions.

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XII.

[Repealed.] Source. 1975, 490:2. 1977, 437:1. 1983, 270:1. 2001, 170:1, 2. 2007, 107:1, eff. June 11, 2007; 368:1, eff. Sept. 15, 2007. 2011, 159:1, I, eff. Aug. 8, 2011. 2014, 13:1, 2, eff. July 13, 2014.

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Source note

Source. 1975, 490:2. 1977, 437:1. 1983, 270:1. 2001, 170:1, 2. 2007, 107:1, eff. June 11, 2007; 368:1, eff. Sept. 15, 2007. 2011, 159:1, I, eff. Aug. 8, 2011. 2014, 13:1, 2, eff. July 13, 2014.

Source history

  • 1975, 490:2
  • 1977, 437:1
  • 1983, 270:1
  • 2001, 170:1, 2
  • 2007, 107:1, eff. June 11, 2007; 368:1, eff. Sept. 15, 2007
  • 2011, 159:1, I, eff. Aug. 8, 2011
  • 2014, 13:1, 2, eff. July 13, 2014

Related materials

Bill relationships

  • 2026 HB1109 reference · effective 2027-01-01

    t establishes procedures related to disciplinary actions including suspension. III. For the purposes of this section: (a) “Public employee” shall have the same meaning as in RSA 273-A:1, IX; and (b) “Public employer” shall have the same meaning as in RSA 273-A:1, X. 2 Department of Corrections; Authorization for Transfer to Group II. I. Pursuant to the provision of RSA 100-A:3, IX, the followin

  • 2026 HB1109 reference · effective 2027-01-01

    al decision is made. II. This section shall apply to all public employees unless the public employee is employed under a collective bargaining agreement negotiated pursuant to RSA 273-A and that agreement establishes procedures related to disciplinary actions including suspension. III. For the purposes of this section: (a) “Public employee” shall have the same meaning as in RSA 273-A:1, IX; and

  • 2026 HB1704 reference · effective 2027-01-01

    s, hours, and employment terms; and (f) "Exclusive bargaining representative" shall mean any employee organization certified by the public employment labor relations board under RSA 273-A to represent employees in a bargaining unit. II. For the purposes of this section, the following categories of public employees are exempt from independent bargaining rights: (a) Law enforcement officers as defi

  • 2026 HB1704-FN reference · effective 2027-01-01

    s, hours, and employment terms; and (f) "Exclusive bargaining representative" shall mean any employee organization certified by the public employment labor relations board under RSA 273-A to represent employees in a bargaining unit. II. For the purposes of this section, the following categories of public employees are exempt from independent bargaining rights: (a) Law enforcement officers as defi

  • 2026 HB222 reference · effective 2026-06-27

    s subparagraph shall be considered a matter of legislatively-enacted public policy designed to benefit employees and the state, and that is confined exclusively to the public employer by statute as provided in RSA 273-A:1, XI, and which shall not be subject to collective bargaining. Nothing in this paragraph shall be construed to invalidate any portion of a collective bargaining agreement entered into by the state. (b) [Employe

  • 2026 HB222-FN reference · effective 2026-06-27

    ered a matter of legislatively-enacted public policy designed to benefit employees and the state, and that is confined exclusively to the public employer by statute as provided in RSA 273-A:1, XI, and which shall not be subject to collective bargaining. Nothing in this paragraph shall be construed to invalidate any portion of a collective bargaining agreement entered into by the state. (b) [Employee tra

  • 2026 HB340 reference

    mployee shall electioneer while in the performance of his or her official duties. For purposes of this section, "public employee" shall have the same meaning as in RSA 273-A:1, IX; except that, notwithstanding RSA 273-A:1, IX(b), a person appointed to office by the chief executive or legislative body of the public employer shall also be included in the definition of public employee. II. No public employee shall use any governme

  • 2026 HB340-FN reference

    I. No public employee shall electioneer while in the performance of his or her official duties. For purposes of this section, "public employee" shall have the same meaning as in RSA 273-A:1, IX; except that, notwithstanding RSA 273-A:1, IX(b), a person appointed to office by the chief executive or legislative body of the public employer shall also be included in the definition of public employee. II. No

  • 2026 HB686 repeal

    tioneering by Public Employees. RSA 659:44-a is repealed and reenacted to read as follows: 659:44-a Electioneering by Public Employees. I. No public employee, as defined in RSA 273-A:1, IX, shall electioneer while in the performance of his or her official duties. II. No public employee shall use government property or equipment, including, but not limited to, telephones, facsimile machines, vehicles

  • 2026 HB686-FN repeal

    tioneering by Public Employees. RSA 659:44-a is repealed and reenacted to read as follows: 659:44-a Electioneering by Public Employees. I. No public employee, as defined in RSA 273-A:1, IX, shall electioneer while in the performance of his or her official duties. II. No public employee shall use government property or equipment, including, but not limited to, telephones, facsimile machines, vehicles

  • 2025 HB2 reference

    c PRTN" and department "Office of State and Public Sector Labor Relations." IV. The public employee labor relations board shall continue to independently exercise the jurisdiction conferred upon it pursuant to RSA 273-A. The New Hampshire administrative rules Pub 100-300 shall remain in full force and effect. V. The personnel appeals board shall continue to independently exercise the jurisdiction conferred upon it pursuant to

Opinions and discipline decisions mentioning this RSA