Appeal of Professional Fire Fighters of Hudson, IAFF Local 3154
Annotate this CasePetitioner Professional Fire Fighters of Hudson, IAFF Local 3154 (Union), appealed a New Hampshire Public Employee Labor Relations Board (PELRB) decision that found respondent Town of Hudson (Town), did not commit an unfair labor practice. When each of the four earlier CBAs expired, but before the parties entered into a successor agreement, the Town provided Union members with step increases, despite the absence of an evergreen clause in the expired CBA. After the 2006 CBA expired in 2009, the Town’s budget included monies sufficient to fund step increases for eligible Union members in each of the budget years 2010, 2011, and 2012. All Union members received step increases between July 2009 and August 2011. In August 2011, the Town informed the Union by letter that the Town would no longer pay wage increases, including step increases. In response to the letter, the Union filed a grievance pursuant to the procedures in the 2006 CBA. The matter ultimately proceeded to arbitration. The Town argued that it had a right not to pay the step increases because the 2006 CBA did not have an evergreen clause and, under the applicable state law, a public employer is not required to pay step increases after a CBA has expired. The Union contended that the Town was required to pay the step increases because there was a binding past practice of paying such increases during status quo periods. The arbitrator determined that a public employer may, but is not required to, refrain from paying step increases during the status quo period, and, “[t]herefore, if the employer chooses to fund and pay step increases it is capable, in concert with the Union, of creating a binding past practice.” The arbitrator found that the initiation of step increase payments following the expiration of the parties’ most recent collective bargaining agreement was the continuation of a past practice. Accordingly, the arbitrator concluded that the Town violated the 2006 CBA and past practice between the parties when it failed to pay in accordance with the step schedule, and ordered the Town to pay the increases that had accrued since August 2011. The Town failed to comply with the arbitrator’s award. The Union filed a complaint with the PELRB alleging that the Town’s failure to comply constituted an unfair labor practice. The PELRB ruled in favor of the Town and dismissed the Union's complaint. The Union appealed. After review, the Supreme Court found no reversible error, and affirmed the PELRB's decision.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.