N.H. Admin. Code § 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.
Notes
#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
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