Appeal of Town of MoultonboroughAnnotate this Case
Respondent Town of Moultonborough (Town) appealed a decision of the New Hampshire Public Employee Labor Relations Board (PELRB) which granted a petition for certification filed by the petitioner, New England Police Benevolent Association, Inc. (NEPBA). In June 2010, the NEPBA filed a petition for certification of a proposed collective bargaining unit to be composed of "[a]ll sworn and non-sworn employees of the Town of Moultonborough Police Department excluding the Chief of Police." The proposed bargaining unit contained fourteen employees in seven different positions. The Town objected to the petition on the basis that RSA 273-A:8, I (2010) (amended 2011) requires a minimum of ten employees to form a bargaining unit, and that this requirement was not met because several of the positions were not statutorily eligible for inclusion. The Town argued that the executive assistant, communication specialist, and prosecutor positions, and a probationary employee lacked a "shared community of interest" with the remaining members of the proposed unit. The Town also argued that the executive assistant was a confidential employee, see RSA 273-A:1, IX(c) (2010), and that the sergeant and corporal positions were supervisory positions, see RSA 273-A:8, II (2010). Upon review, the Supreme Court reversed the PELRB as to its inclusion of the sergeants and corporal in the bargaining unit, and affirmed the remainder of its determinations. The Court made no ruling on the eligibility of the bargaining unit after exclusion of the sergeant and corporal positions.