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RSA 273-A:3 · Obligation to Bargain

Title
XXIII: LABOR
Chapter
273-A · PUBLIC EMPLOYEE LABOR RELATIONS
Status
current
Official source linked
Yes
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273-A:3 Obligation to Bargain. –

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I.

It is the obligation of the public employer and the employee organization certified by the board as the exclusive representative of the bargaining unit to negotiate in good faith. "Good faith" negotiation involves meeting at reasonable times and places in an effort to reach agreement on the terms of employment, and to cooperate in mediation and fact-finding required by this chapter, but the obligation to negotiate in good faith shall not compel either party to agree to a proposal or to make a concession.

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II.

(a) Any party desiring to bargain shall serve written notice of its intention on the other party at least 120 days before the budget submission date; provided, however, that bargaining with state employees shall commence not later than 120 days before the deadline for submission of the governor's proposed operating budget.

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(b)

Only cost items shall be submitted to the legislative body of the public employer for approval at the next annual meeting of the legislative body, unless there is an emergency as defined in RSA 31:5 or RSA 197:3. If the legislative body rejects the submission, or while accepting the submission takes any action which would result in a modification of the terms of the cost item submitted to it, either party may reopen negotiations on the entire agreement. No cost item agreed to by the public employer and the employee organization shall be modified by the legislative body of such public employer.

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(c)

If the public employer is a local political subdivision with a city or town council form of government cost items shall be submitted within 30 days to the city council or aldermen or to the town council for approval. Within 30 days of the receipt of the submission, the city council, aldermen, or the town council shall vote to accept or reject the cost items. If the city council or aldermen or the town council rejects any part of the submission, or while accepting the submission takes any action which would result in a modification of the terms of the cost item submitted to it, either party may reopen negotiations on all or part of the entire agreement.

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III.

Matters regarding the policies and practice of any merit system established by statute, charter or ordinance relating to recruitment, examination, appointment and advancement under conditions of political neutrality and based upon principles of merit and competence shall not be subjects of bargaining under the provisions of this chapter. Nothing herein shall be construed to diminish the authority of the state personnel commission or any board or agency established by statute, charter or ordinance to conduct and grade merit examinations from which appointments or promotions may be made.

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IV.

Each public employer shall record its budget submission date with the board. Source. 1975, 490:2. 1977, 437:2. 1979, 374:3. 1985, 39:1. 1998, 205:1, eff. Aug. 17, 1998. 2013, 244:1, eff. Sept. 22, 2013.

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Source note

Source. 1975, 490:2. 1977, 437:2. 1979, 374:3. 1985, 39:1. 1998, 205:1, eff. Aug. 17, 1998. 2013, 244:1, eff. Sept. 22, 2013.

Source history

  • 1975, 490:2
  • 1977, 437:2
  • 1979, 374:3
  • 1985, 39:1
  • 1998, 205:1, eff. Aug. 17, 1998
  • 2013, 244:1, eff. Sept. 22, 2013

Related materials

Bill relationships

  • 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

  • 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

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