Laws > Chapter 273-C:7

CHAPTER 273-C
DOG AND HORSE RACING EMPLOYEES

Section 273-C:7

273-C:7 Violations.

I. The board shall have primary and exclusive jurisdiction of all violations of RSA 273-C:6.

II. Complaints shall be filed by affidavit. A copy of the complaint shall be given to the party complained against at the time the complaint is filed. The board 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 a 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 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 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-C:6, 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, but in no event shall the board have the authority to void an existing collective bargaining agreement.

VII. The board shall summarily dismiss any complaint of an alleged violation of RSA 273-C:6 which occurred more than 180 days prior to the filing of the complaint with the board.

Source. 1990, 214:1, eff. July 31, 1990.