Appeal of Town of Deerfield
34 A.3d 734
N.H.2011Background
- On March 24, 2010, NEPBA petitioned to represent Deerfield police department employees for a bargaining unit of ten employees (six full-time officers, two part-time officers, a corporal, and the secretary).
- Town objected, arguing the unit did not meet the ten-employee minimum because the on-call status of one part-time officer, the corporal, and the secretary rendered them improper members of the unit.
- On July 27, 2010, a hearing officer granted certification; Town reviewed the decision on August 13, 2010; PELRB denied review; Town rehearing was denied; on October 22, 2010 PELRB certified the unit as proposed.
- The parties and court acknowledge RSA 541:13 standard of review and that PELRB findings are presumptively lawful unless shown otherwise; ultimate statutory interpretation is de novo.
- Governing statute RSA 273-A:8 I generally requires a ten-employee unit absent prior governing body approval; certain employees may be excluded from counting; on-call status can affect counting for certification purposes.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does counting an on-call, part-time officer comply with the ten-employee rule? | Petitioner argues the unit's 'snapshot' includes the officer as of certification, satisfying the count. | Town argues on-call status means no regular shift, thus the officer should not be counted toward ten. | Counting on-call employee improper; ten-member requirement not satisfied. |
| Must the ten-employee minimum exist at the time of certification, per RSA 273-A:8 I? | Certification can occur if ten existed when petition was filed and authorization cards were examined. | Statute requires the unit to contain ten employees absent prior approval; counting cannot be postponed. | Plain meaning requires at least ten employees in the certified unit; PELRB erred. |
Key Cases Cited
- Appeal of Town of Conway, 121 N.H. 372 (1981) (ten-employee minimum; prior approval requirement)
- Appeal of Town of Litchfield, 147 N.H. 416 (2002) (ten-employee counting; proper scope of unit)
- Appeal of Univ. System of N.H. Bd. of Trustees, 147 N.H. 626 (2002) (statutory interpretation; deference to PELRB limits)
- Appeal of Town of Stratham, 144 N.H. 429 (1999) (unit size and certification principles)
- Appeal of State Employees’ Assoc. of N.H., 156 N.H. 507 (2007) (statutory interpretation; role of final arbiter)