Appeal of Keene State College Education Ass'n, NHEA/NEA

411 A.2d 156, 120 N.H. 32, 1980 N.H. LEXIS 227, 104 L.R.R.M. (BNA) 2086
CourtSupreme Court of New Hampshire
DecidedJanuary 31, 1980
DocketNo. 78-294
StatusPublished
Cited by9 cases

This text of 411 A.2d 156 (Appeal of Keene State College Education Ass'n, NHEA/NEA) 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 Keene State College Education Ass'n, NHEA/NEA, 411 A.2d 156, 120 N.H. 32, 1980 N.H. LEXIS 227, 104 L.R.R.M. (BNA) 2086 (N.H. 1980).

Opinion

DOUGLAS, J.

This case concerns the standards to be used in Public Employee Labor Relations Board (PELRB) decisions when a State university faculty bargaining unit alleges unfair labor practice violations of RSA ch. 273-A.

The history of collective bargaining relations between the University System (system) of New Hampshire, Keene State College, and the Keene State College Education Association (association) has been controversial. The faculty units established by the PELRB in 1976 were challenged before this court by both the association and the system in University System v. State, 117 N.H. 96, 369 A.2d 1139 (1977). Representative elections and a run-off election, in which lecturers voted, were held in 1977. The university system challenged the validity of those ballots cast by lecturers, and in a subsequent ruling the PELRB excluded lecturers from the faculty unit. We affirmed that decision in Keene State College Education Association v. State, 119 N.H. 1, 396 A.2d 1099 (1979).

Pending resolution of the issues raised by the elections, the university system undertook several unilateral acts. During the summer of 1977, the system’s board of trustees granted an increase in pension benefits to all faculty “not engaged in collective bargaining,” to become effective January 1, 1978. After the run-off election, the system denied those benefits to Keene State faculty on the ground that they had been engaged in collective bargaining. The system also denied Keene State faculty the right to have observers present at meetings of the trustees’ committees and at full trustees’ meetings. On February 24, one day after the association was certified as the bargaining representative of Keene State faculty, the system announced the elimination of department chairmanships and the creation of a new administrative tier of six associate deans to assume those administrative duties previously performed by the chairmen. The system also eliminated the faculty committee system, which advised on and implemented policies governing promotion, tenure, and other personnel decisions. These changes pertained only to the Keene State campus; none of the other system campuses were affected.

The association then filed a complaint with the PELRB alleging that, in instituting the above changes, the system had committed [34]*34certain unfair labor practices. RSA 273-A:5. The board found that the university had studied its administrative structures for some time and that the trustees felt the need to maintain their administrative functions through personnel outside the bargaining unit. While the PELRB said that it could not find that the purpose in eliminating department chairmen was an unfair labor practice, it did rule that the university was required to bargain over the effects of the change on the individuals displaced as department chairmen in such areas as work load, pay, benefits and the manner of returning them to full-time faculty status.

The board also stated that both parties may insist that all negotiations regarding wages, hours and conditions of employment be carried on at the bargaining table and further stated that if the university should seek to use or continue to use an alternative system, it might subject itself to an unfair labor practice charge absent an agreement to the contrary. The board made it clear, however, that it was not ruling that the parties by agreement could not reestablish the preexisting system, and neither was it ruling that reestablishment was required.

On the question of exclusion from committees, the board ruled that except for those committees dealing with wages, hours and conditions of employment, the faculty should be restored to a status equal to that of faculty at other campuses in the system. It also noted that faculty as other citizens had certain rights under the right-to-know law, RSA ch. 91-A, to attend meetings.

The order of the board was that Keene faculty be given “the same benefits and increases” as other faculty unless the union objected, in which case there should be negotiations; that the parties negotiate regarding the status of deposed chairmen including their “workload, salaries and benefits” as a result of their loss of administrative duties, and that the university was to “restore faculty members to such committees of the board of trustees,” and allow faculty participation at meetings of those committees, “which do not consider terms and conditions of employment . . . equal to the rights of other system faculty.” The association appealed under RSA 273-A:14 and RSA ch. 541.

We first address the association’s procedural argument that because neither of the PELRB’s two “labor representative” members was present at the time the decision was issued or at the time of rehearing, the board’s decision is invalid. We reject that argument. The board’s composition is governed by RSA 273-A:2, which states in pertinent part:

I. There is hereby created a public employee labor relations board consisting of 5 members____Two members shall be [35]*35appointed who shall have extensive experience representing organized labor. Two members shall be appointed who shall have extensive experience in representing management interests. One member who shall be the chairman shall be appointed to represent the public at large. . . .
III. Three members of the Board shall constitute a quorum. In the chairman’s absence, the senior member present shall act as temporary chairman.

In Ahern v. Laconia Country Club, Inc., 118 N.H. 623, 392 A.2d 587 (1978), we said that “[w]here the language of a statute is plain and unambiguous, the statute must be given effect according to its plain and obvious meaning.” There is no ambiguity in RSA 273-A:2; the board’s total membership must be balanced between management and labor, but no such balance is required of a quorum. We therefore hold that the PELRB was properly constituted in the present case and that its decision was valid. But see Laws 1979, 374:2, which changes the quorum requirement.

The association argues that the board should have found the following unilateral actions to be unfair labor practices: the elimination of faculty committees and the suspension of all policies administered by those committees, the denial of the right to have faculty observers present at meetings of the board of trustees and their committees, and the abolition of department chairmanships. The association claims violations of RSA 273-A-.5 1(a), which prohibits interference with the exercise of employee rights; section 5 1(c), which prohibits discrimination against employees in the exercise of their collective bargaining rights; and section 5 1(e), which requires that public employers negotiate in good faith with the exclusive representative of the bargaining unit. We address the good-faith bargaining claim first.

We agree with the board that under RSA 273-A:l XI the system’s administrative structure is a matter of managerial prerogative and that the system is not under a duty to bargain over the decision to alter that structure.

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411 A.2d 156, 120 N.H. 32, 1980 N.H. LEXIS 227, 104 L.R.R.M. (BNA) 2086, Counsel Stack Legal Research, https://law.counselstack.com/opinion/appeal-of-keene-state-college-education-assn-nheanea-nh-1980.