Appeal of Town of North Hampton
Annotate this CaseThe Town of North Hampton appealed the New Hampshire Public Employee Labor Relations Board's (PELRB) finding that the Town engaged in unfair labor practices in dealing with respondent North Hampton Professional Fire Fighters, Local 3211, IAFF (Union). The CBA contained wage scales for firefighters and lieutenants, respectively, each consisting of five steps. It provided that "[m]ovement through [the] steps is dependent on achieving certain professional certifications." During bargaining over the CBA, the Union submitted a wage proposal that provided for, among other things, a "[s]tipend for paramedic level EMT [that] will be 5% over actual step (base pay) whether hired as or a current employee has received the certification." The Town rejected the proposal and the parties put the paramedic program issue on hold. The Town remained interested in a paramedic program, however, and the Union informed the Town in June 2011 that it was willing to resume negotiations over the program. The Town responded that a vacancy on the selectboard was delaying the process. Nevertheless, in August 2011, the Town adopted a paramedic program that was not produced through bargaining with the Union. The program established a wage schedule and conditions of employment similar to those previously proposed by the Union and rejected by the Town. On appeal, the Town argued that the PELRB erred in: (1) finding that the Town was required to bargain over its paramedic program when the adoption of that program was within the Town’s "managerial prerogative"; (2) finding that the Town had previously created a paramedic program; (3) finding that the Town was required to bargain over the wages, hours, and working conditions of a position before the parties agreed to, and the PELRB ordered, the inclusion of that position in a bargaining unit; and (4) finding, on insufficient evidence, that the Town violated its duty to bargain and/or was motivated by anti-union animus. The Supreme Court concluded the Town failed to demonstrate that the PELRB made an erroneous ruling of law or to demonstrate, by a clear preponderance of the evidence, that its order was unjust or unreasonable. Accordingly, the Court declined to set aside the PELRB’s decision.
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