Laws > Chapter 273-C:2

CHAPTER 273-C
DOG AND HORSE RACING EMPLOYEES

Section 273-C:2

273-C:2 Definitions. – In this chapter:

I. "Board" means the public employee labor relations board established under RSA 273-A:2.

II. "Employee" means any person employed by an employer, as defined in RSA 273-C:2, IV, except persons in a probationary or temporary status, or employed irregularly or on call. For the purposes of this chapter, however, no employee shall be determined to be in a probationary status who shall have been employed for more than 12 months or who has an individual contract with his employer.

III. "Employee organization" means any organization certified as the exclusive representative of a bargaining unit by the board under this chapter.

IV. "Employer" means an employing unit which is engaged in dog or horse racing, or both, and is licensed to operate a race track under RSA 284 and which, in the current calendar year, has or had employees.

V. "Professional employee" means any employee engaged in work predominantly intellectual and varied in character, involving the consistent exercise of discretion and judgment, and requiring knowledge in a discipline customarily acquired in a formal program of advanced study.

VI. "Terms and conditions of employment" means wages, hours and other conditions of employment, other than managerial policy within the exclusive prerogative of the employer. The phrase "managerial policy within the exclusive prerogative of the employer" shall be construed to include, but shall not be limited to, the function, programs, operations, and methods of the employer and its business, including the use of the technology, the organizational structure of the employer, the scheduling of racing days, events, and racing seasons, the selection, direction and number of its personnel, including employees, and other matters of management imposed upon or delegated to the employer by statute or rule, including without limitation, RSA 284, as it may be amended and the rules of the lottery commission, in order to continue control of the race track and its business by the employer.

Source. 1990, 214:1, eff. July 31, 1990. 2008, 25:1, eff. July 11, 2008. 2015, 276:127, eff. July 1, 2015.