N.H. Admin. Code § Pub 301.03 - Decertification of Exclusive Representative

(a) A bargaining unit member(s) seeking to decertify an existing bargaining unit's exclusive representative shall complete and file form P-3 "Petition for Decertification," dated 9-15-16, alleging that the members of a bargaining unit no longer wish to be represented by the employee organization presently representing them. The petition shall contain the same categories of information and shall be treated in the same fashion as a petition filed under Pub 301.01.

(b) When such a petition is successfully brought and affirmatively voted upon so that a majority of the votes have been cast for the proposition of "No Representative," the certified bargaining agent shall be decertified, and there shall no longer be any organization with the statutory authority to give notice of an intent to bargain under RSA 273-A or RSA 273-C or to enforce the terms of any collective bargaining agreement between a public employer and a formerly certified bargaining agent.

(c) If a group of employees in a bargaining unit seeks to replace an existing certified bargaining agent with a new certified bargaining agent, the group shall complete and file Form P-2 "Petition for Certification - Challenge to Existing Representative," dated 9-15-16, under the applicable provisions of Pub 301.01.

(d) The group, as petitioners, shall disclose on the Form P-2 "Petition for Certification - Challenge to Existing Representative" that there is an existing certified bargaining agent, its identity, representative, place of business, and telephone number.

(e) Petitioners shall provide notice to the currently certified bargaining representative who shall become a party to that proceeding, entitled to the same service and notice requirements as apply to the public employer.

(f) If petitioners are successful under these circumstances in replacing an incumbent exclusive bargaining representative with a new certified bargaining agent in accordance with the majority vote requirements of these rules, then:

(1) Any existing collective bargaining agreement between the former certified bargaining agent and the public employer shall thereafter be administered by the newly certified collective bargaining agent as of the date the board has certified it as such, through its date of termination;

(2) If, at the time the newly elected exclusive bargaining agent is certified as such, there is no collective bargaining agreement in effect or the formerly certified exclusive bargaining agent and the public employer were in the course of bargaining for such an agreement, the newly certified collective bargaining agent shall assume the responsibility for continuing with that bargaining or for giving notice of intent to bargain within the time limits prescribed by statute; or

(3) If a newly certified collective bargaining agent enters on-going negotiations after the time for introducing new proposals has passed, it shall be permitted to initiate a single, one-time exchange of proposals or modifications to existing proposals.

(g) Pursuant to RSA 273-A:10, VI(b), the board shall decertify any employee organization which is found in a judicial proceeding comporting with RSA 273-A:15 to have discriminated with regard to membership, or with regard to the conditions thereof, because of age, sex, race, color, creed, marital status, or national origin or has systematically failed to allow its membership equal participation in the affairs of the employee organization. If it is found in such judicial proceeding that grounds for decertification exist, the board shall conduct a hearing to determine if the certification of the employee organization which is the exclusive representative should be revoked under RSA 273-A:10, VI(b).

(h) After decertification of an exclusive representative under the provisions of Pub 301.03(g), the rules of contract bar, RSA 273-A:11, I(b), shall not apply and a petition for certification may be filed under Pub 301.01 at any time. No employee organization decertified under the provisions of Pub 301.03(g) may seek to represent any bargaining unit in any election subsequent to its decertification until it has satisfied the board that it has purged itself of the violations for which it was decertified.

(i) Upon decertification of an exclusive representative, the board shall deliver a notice of decertification to the decertified employee organization and to the public employer in which affected bargaining unit is located. The public employer shall immediately display copies of the notice at locations where employees of the affected bargaining unit work.

(j) Notwithstanding the foregoing provisions of Pub 301.03, a certified bargaining agent may surrender its certification at any time by notice of its intent to surrender to members of the bargaining unit and written notice filed with the board. Thereupon:

(1) The board shall issue documentation of surrender;

(2) The documentation shall state the effective date whereupon the surrendering bargaining agent shall have no further responsibilities under the collective bargaining agreement, or under those provisions of RSA 273-A or RSA 273-C giving it authority to bargain collectively;

(3) The terms of any collective bargaining agreement shall be void as of the effective date of the surrendering; and

(4) The surrendering of a certification as bargaining agent shall not be grounds to bar a subsequent bargaining agent election within the following 12 months under RSA 273-A:10, III or RSA 273-C:10, III.

Notes

N.H. Admin. Code § Pub 301.03

#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

Amended by Volume XXXVII Number 41, Filed October 12, 2017, Proposed by #12378-B, Effective 9/13/2017, Expires 9/13/2027.