Laws > Chapter 273-A:6

CHAPTER 273-A
PUBLIC EMPLOYEE LABOR RELATIONS

Section 273-A:6

273-A:6 Violations.

I. The board shall have primary jurisdiction of all violations of RSA 273-A:5, but no complaint may be filed with the board for violation of RSA 273-A:5, I(c) or (d) until the complainant has exhausted the administrative remedies provided by statutes other than this chapter. The board may refer any prohibited practice charges, as defined in RSA 273-A:5, to a hearing officer who shall conduct a hearing, make findings of fact, and report to the board within the time limits set forth in this section.

II. Complaints shall be filed by affidavit and shall be accompanied by a $60 filing fee. Such fees shall be continually appropriated to the board. A copy of the complaint shall be given to the party complained against at the time the complaint is filed. The board or its designee shall hold a hearing within 45 days under rules adopted by the board pursuant to RSA 541-A and shall give 5 working days' notice of the hearing by certified mail to all persons required to appear and to the representative of any party against whom a complaint has been filed.

III. The board may issue a cease and desist order if it deems one necessary in the public interest, pending the hearing.

IV. The board or its designee shall have the power to compel the attendance of witnesses and the production of documents by the issuance of subpoenas, and to take testimony under oath, as provided in RSA 516, and may delegate such powers to any persons it may appoint.

V. Both parties shall have the right to be represented by counsel.

VI. The board or its designee shall render its decision within 45 days after the hearing, in accordance with rules adopted by the board pursuant to RSA 541-A. Upon finding that a party has violated RSA 273-A:5, the board may (a) issue a cease and desist order; (b) order reinstatement of an employee with back pay; (c) require periodic reporting of compliance; (d) order payment of the costs incurred by a party negotiating in good faith in negotiations found by the board to have been carried on not in good faith by the other party, if the board finds such penalty appropriate to the circumstances; or (e) order such other relief as the board may deem necessary.

VII. The board shall summarily dismiss any complaint of an alleged violation of RSA 273-A:5 which occurred more than 6 months prior to the filing of the complaint with the body having original jurisdiction of that complaint.

VIII. Any proceeding referred to a hearing officer under this section or RSA 273-A:8, I shall be reviewable by the board on motion of any party thereto or on motion of the board if the motion is made within 30 days of the rendering of such decision; otherwise the decision shall become final. The review by the board may result in approval, denial, or modification of the decision of the hearing officer and may be made administratively by the board without a hearing de novo unless ordered by the board.

IX. Any order issued by the board shall contain findings of fact and rulings of law on which the order is based. Any other decision made by the board shall contain, in a written record of oral proceedings or other written document, findings of fact and rulings of law on which the decision is based.

Source. 1975, 490:2. 1979, 374:5, 6. 1992, 192:2. 1994, 356:2, 3, eff. July 1, 1994.