Rules > PART Pub 302

PART Pub 302 DETERMINATION OF APPROPRIATE BARGAINING UNITS

Pub 302.01 Mutually Agreed Bargaining Units.
Pub 302.02 Additional Criteria for Determining Appropriate Bargaining Units.
Pub 302.03 Hearing on Unit Determination.
Pub 302.04 Decision and Order.
Pub 302.05 Modification of Bargaining Units.

Pub 302.01 Mutually Agreed Bargaining Units.

(a) An employee organization seeking to become the exclusive representative of a bargaining unit shall, in petitioning the board for an election under Pub 301.01, identify how employees shall be grouped together for the purpose of collective bargaining. Before a hearing is ordered on their petition, that employee organization shall contact the public employer with the intent to reach agreement with the public employer whose employees it seeks to represent. If the employee organization succeeds in reaching agreement with the public employer on this question, the petition required by Pub 301.01 shall contain a statement to that effect signed by both parties.

(b) Discussions between a public employer and an employee organization pursuant to (a) above shall not be construed as evidence of recognition by the public employer of any bargaining rights in the employee organization. Agreement between a public employer and an employee organization shall not prejudice the rights of any intervenor not participating in such discussions and shall not be binding on the board.

Source. #2325, eff 3-28-83; ss by #3019, eff 5-14-85; EXPIRED: 5-14-91

New. #5679, eff 8-4-93, EXPIRED: 8-4-99
New. #7093, INTERIM, eff 9-9-99, EXPIRES: 1-7-00; ss by #7187, eff 1-8-00, EXPIRED: 1-8-08
New. #9114, INTERIM, eff 3-27-08, EXPIRED: 9-23-08
New. #9441-B, eff 3-27-09, ss by #12378-B, eff 9-13-17

Pub 302.02 Additional Criteria for Determining Appropriate Bargaining Units.

(a) An appropriate bargaining unit shall be characterized by the existence of a community of interest shared
by its members.

(b) In determining the appropriate bargaining unit, the board shall consider the following as evidence of a community of interest, in addition to the elements set out in RSA 273-A:8, I(a) through (d):

(1) A common geographic location of the proposed unit;

(2) The presence of:

a. Common work rules and personnel practices; and

b. Common salary and fringe benefit structures; and

(3) The self-felt community of interest among employees.

(1) The effect of forming any particular bargaining unit on the efficiency of government operations as contemplated in RSA 273-A:1, XI; and

(2) The potential for employees within the proposed bargaining unit experiencing a division of loyalties between the public employer and the employees' exclusive representative.

Source. #2325, eff 3-28-83; ss by #3019, eff 5-14-85; EXPIRED: 5-14-91

New. #5679, eff 8-4-93, EXPIRED: 8-4-99
New. #7093, INTERIM, eff 9-9-99, EXPIRES: 1-7-00; ss by #7187, eff 1-8-00, EXPIRED: 1-8-08
New. #9081-B, eff 1-29-08; ss by #11176 eff 9-16-16

Pub 302.03 Hearing on Unit Determination. The board shall order a hearing prior to determining a contested bargaining unit for which an election may be held. Hearings under this section shall be held in accordance with the applicable provisions of Pub 200.

Source. #2325, eff 3-28-83; ss by #3019, eff 5-14-85; EXPIRED: 5-14-91

Pub 302.04 Decision and Order.The board shall, as expeditiously as possible, based on criteria enumerated in RSA 273-A:8, I (a)-(d) and Pub 302.02, determine the appropriate bargaining unit, notify the parties and intervenors, if any, of its decision, and issue an order of election when appropriate under Pub 303.01.

Source. #2325, eff 3-28-83; ss by #3019, eff 5-14-85; EXPIRED: 5-14-91

Pub 302.05 Modification of Bargaining Units.

(a) Where the circumstances surrounding the formation of an existing bargaining unit are alleged to have changed, or where a prior unit recognized under the provisions of RSA 273-A:1 is alleged to be incorrect to the degree of warranting modification in the composition of the bargaining unit, the public employer, or the exclusive representative, or other employee organization if the provisions of section (d) are met, may complete and file Form P-4 “Petition for Modification,” dated 9-15-16.

(b) A petition shall be denied if:

(1) The question is a matter amenable to settlement through the election process; or

(2) The petition attempts to modify the composition of a bargaining unit negotiated by the parties and the circumstances alleged to have changed, actually changed prior to negotiations on the collective bargaining agreement presently in force.

(c) The petition shall set out the same categories of information, including the present bargaining unit positions, which are required of a petition filed under Pub 301.01 except no showing of interest shall be required to accompany a petition filed under this section. The petition shall set out a clear and concise statement of the circumstances prompting the filing of the petition.

(d) An employee organization, other than the exclusive representative, may file a petition for modification only during time periods or under conditions when it would be entitled by statute or these rules to petition for an election to be certified as the exclusive representative. At other times, only the employer or exclusive representative may file a petition for modification of a bargaining unit.

Source. #2325, eff 3-28-83; ss by #3019, eff 5-14-85; ss by #5679, eff 8-4-93, EXPIRED: 8-4-99

New. #7093, INTERIM, eff 9-9-99, EXPIRES: 1-7-00; ss by #7187, eff 1-8-00, EXPIRED: 1-8-08
New. #9114, INTERIM, eff 3-27-08, EXPIRED: 9-23-08
New. #9441-B, eff 3-27-09, ss by #12378-B, eff 9-13-17

New Hampshire Public Employee Labor Relations Board
2½ Beacon Street, Suite 200 | Concord, NH 03301
Telephone: (603) 271-2587 | E-mail: pelrb@nh.gov

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