NPH has won another significant decision at the New Hampshire Public Employee Labor Relations Board which will allow state employees in five (5) newly created bargaining units the choice of whether to remain in the State Employees Association of New Hampshire or join the New England Police Benevolent Association.   In a case litigated by NPH partner Peter Perroni, the PELRB issued a lengthy decision rejecting the SEA’s attempts to prevent the employees from electing the representative of their choice.  SEA argued that the elections should be blocked the by the so-called “contract bar” because the SEA’s contract with the State continued in evergreen status even after its expiration. 

Attorney Perroni argued that the PELRB’s adoption of this position would effectively foreclose the ability of employees to vote for the union of their choice.  The PELRB agreed and noted that “the right of public employees to obtain representation elections to challenge an incumbent exclusive representative like the SEA cannot be abridged or otherwise diminished . . . .”  The decision paves the way for elections for bargaining units comprised of Corrections Officers, Corrections Supervisors, Probation and Parole Officers, Probation and Parole Supervisors and Liquor Enforcement Officers.

Click the link below to read the full decision:

http://www.nh.gov/pelrb/Decisions/2009/2009-216a.htm)