Appeal of Belknap County Commissioners

781 A.2d 20, 146 N.H. 757, 2001 N.H. LEXIS 159
CourtSupreme Court of New Hampshire
DecidedSeptember 11, 2001
DocketNo. 99-707
StatusPublished
Cited by2 cases

This text of 781 A.2d 20 (Appeal of Belknap County Commissioners) is published on Counsel Stack Legal Research, covering Supreme Court of New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Appeal of Belknap County Commissioners, 781 A.2d 20, 146 N.H. 757, 2001 N.H. LEXIS 159 (N.H. 2001).

Opinion

BRODERICK, J.

The petitioner, Belknap County Commissioners (county), appeals a decision of the public employee labor relations board (PELRB) reversing and remanding an arbitrator’s decision that a grievance brought by the respondent, State Employee’s Association of New Hampshire, Inc., S.E.I.U., Local 1984 (SEA), was not arbitrable. We reverse.

The following facts are adduced from the record. The SEA is the bargaining representative of certain nursing and non-nursing personnel employed by the Belknap County Nursing Home. On December 31, 1996, the county’s collective bargaining agreement (original CBA) with the SEA expired. The parties executed a successor CBA in September 1997, which was made retroactive to April 1, 1997. In February 1997, after the expiration of the original CBA, but prior to the effective date of the successor CBA, the county decided to pay “shift differentials” to non-nursing personnel beginning in January 1997. Before this decision, only nursing personnel were paid differentials for certain shifts.

■ On February 5, 1997, in response to the county’s change in policy, the SEA filed a grievance under article 13 of the original CBA. The SEA claimed that payments should have been made retroactive for the entire period of the original CBA and that they should have been awarded to all personnel, nursing and non-nursing, who worked second and third shifts. The county denied the grievance and, as called for under the original CBA, the parties proceeded to arbitration.

During the arbitration proceeding on February 20, 1998, the county not only addressed the merits of the grievance, but also argued that the grievance was not substantively or procedurally arbitrable. The county argued that the grievance was filed during a “hiatus” period between the original CBA and its successor; therefore, no agreement was in effect and the arbitrator lacked authority to reach the merits of the grievance. The county also asserted that the grievance was untimely filed.

Both parties filed post-hearing briefs addressing the merits of the grievance and the county’s defense that it was not arbitrable. The arbitrator’s May 18, 1998 written decision identified the “critical” issue before him to be: whether the grievance was arbitrable since it was filed after the expiration of the original CBA, but prior to the effective date of the successor CBA. He concluded that since the grievance was filed during a “hiatus” between the two CBAs, there was no CBA in effect and hence no grievance procedure in place. Thus, he had' no authority to rule on the arbitrability of the grievance. Nonetheless, he also found that the grievance was not [759]*759substantively arbitrable. The arbitrator reached both conclusions despite his recognition of the status quo doctrine, which provides that after expiration of a CBA and during negotiations for a successor CBA, all terms and conditions of employment remain the same as under the expired CBA. See Appeal of City of Nashua Bd. of Educ., 141 N.H. 768, 772 (1997).

On November 18, 1998, the SEA filed an unfair labor practice complaint alleging that the county had violated RSA 273-A-.5, 1(h) and (i) (1999), by complying with the decision. The SEA argued that by enforcing the arbitrator’s decision, the county violated State law and the integrity of the status quo period during the impasse in negotiations. The county moved to dismiss the unfair labor practice as untimely, and a PELRB hearing officer granted the motion on the grounds that the unfair labor practice had not been filed within the six-month statute of limitations. See RSA 273-A.-6, VII (1999). The officer concluded that the arbitrator’s May 18, 1998 award triggered the unfair labor practice and, therefore, the complaint, which was filed on November 18, 1998, was untimely. The SEA successfully appealed this decision to the PELRB. The board found that the unfair labor practice complaint was filed within six months of the date of the arbitrator’s award.

On remand, the hearing officer ruled that: (1) the county committed an unfair labor practice by complying with the arbitrator’s award; (2) the unfair labor practice complaint was filed within six months of the date of the arbitrator’s award; (3) the parties had not granted the arbitrator authority to decide the issue of arbitrability; and (4) because the status quo doctrine applied, the grievance was arbitrable under the original CBA. The hearing officer rejected the county’s argument that the unfair labor practice complaint was untimely as it was filed more than six months after the filing of the grievance, which the county asserted was the triggering event for any alleged unfair labor practice complaint. The parties were directed to proceed to arbitration on the merits of the grievance. The county’s appeal of this decision to the PELRB was declined and, after the county’s unsuccessful motion for rehearing, this appeal followed.

Absent an erroneous ruling of law, we will not set aside a decision of the PELRB “unless the appealing party demonstrates by a clear preponderance of the evidence that the order is unjust or unreasonable.” Appeal of N.H. Troopers Assoc., 145 N.H. 288, 289-90 (2000) (quotation and brackets omitted); see also RSA 541:13 (1997). When our review includes statutory interpretation, this [760]*760court “is the final arbiter of the intent of the legislature as expressed in the words of the statute.” Appeal of N.H. Dep’t of Transportation, 144 N.H. 555, 556 (1999) (quotation omitted).

The county argues that its compliance with the arbitrator’s decision cannot constitute an unfair labor practice and, therefore, the latest possible triggering event of an unfair labor practice occurred at the arbitration hearing in February 1998, when the county raised the defense that the grievance was not arbitrable. The county also argues that the grievance was not arbitrable because it was brought during a “hiatus period” between the expiration of the original CBA and the effective date of the successor agreement. Although the county raises other issues, they are not necessary to our analysis.

After expiration of the CBA and during negotiations for a successor agreement, the parties’ obligations to one another are governed by the doctrine of maintaining the status quo. See Appeal of City of Nashua Bd. of Educ., 141 N.H. at 772. We conclude, therefore, that the parties were obligated to comply with the terms and conditions of the original CBA after its expiration. We reject the notion that an implied “hiatus period” existed during which the parties were under no obligation to maintain the status quo. Since the status quo doctrine applies, our analysis focuses, when necessary, upon the terms and conditions of the original CBA.

We now turn to the county’s arguments regarding the nature of the SEA’s unfair labor practice complaint and whether it was timely filed. The SEA’s complaint alleged that the county’s compliance with the arbitrator’s award violated RSA 273-A:5, 1(h) and (i). Those portions of the public employee labor relations statute state:

I. It shall be a prohibited practice for any public employer:
(h) To breach a collective bargaining agreement;
(i) To make any law or regulation, or to adopt any rule relative to the terms and conditions of employment that would invalidate any portion of an agreement entered into by the public employer making or adopting such law, regulation or rule.

RSA 273-A:5, 1(h), (i).

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Bluebook (online)
781 A.2d 20, 146 N.H. 757, 2001 N.H. LEXIS 159, Counsel Stack Legal Research, https://law.counselstack.com/opinion/appeal-of-belknap-county-commissioners-nh-2001.