Appeal of the House Legislative Facilities Subcommittee

685 A.2d 910, 141 N.H. 443, 1996 N.H. LEXIS 123
CourtSupreme Court of New Hampshire
DecidedNovember 21, 1996
DocketNo. 95-164
StatusPublished
Cited by11 cases

This text of 685 A.2d 910 (Appeal of the House Legislative Facilities Subcommittee) 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 the House Legislative Facilities Subcommittee, 685 A.2d 910, 141 N.H. 443, 1996 N.H. LEXIS 123 (N.H. 1996).

Opinion

Brock, C.J.

This appeal arises from a decision of the New Hampshire Public Employee Labor Relations Board (PELRB) that the New Hampshire General Court is a public employer for purposes of New Hampshire’s Public Employee Labor Relations Act (Act), RSA ch. 273-A (1987 & Supp. 1995). We reverse.

In October 1993, Robert Cushing, an employee of the New Hampshire House of Representatives (house), petitioned the PELRB for a determination that permanent, full-time employees of the house are “public employees” as defined by RSA 273-A: 1, IX (1987), and thereby entitled to the full rights and protections of RSA chapter 273-A. The International Union, UAW (UAW) intervened in the case. In May 1994, a majority of the PELRB found that the house was a “political subdivision” of the State, and thereby a public employer by definition under the statute. The PELRB also found that permanent, full-time legislative employees were not specifically excluded from the definition of “public employees” under the statute, and therefore could lawfully organize for purposes of collective bargaining.

The House Legislative Facilities Subcommittee and Lee Marden, Chief of Staff of the Speaker of the New Hampshire House of Representatives, moved for rehearing. In addition, the New Hampshire Senate petitioned to intervene and moved for rehearing. All of these motions were granted. After rehearing, the PELRB revoked its initial finding that the legislature is a “political subdivision” and ruled instead that the legislature is “the state itself as one of the three co-equal branches of government.” Accordingly, the PELRB concluded that the legislature qualifies as a “public employer” for purposes of the statute, and “unless exempted, legislative employees are [state] employees.” This appeal followed.

Although the petitioners raise several issues on appeal, the dispositive question before us is whether the New Hampshire General Court is a “public employer” for purposes of the Act. We hold that it is not.

Our standard of review is provided by RSA 541:13 (1974), which allows us to review agency decisions for errors of law. See Appeal of State of N.H., 138 N.H. 716, 719, 647 A.2d 1302, 1305 (1994). “[T]his court is the final arbiter of the intent of the legislature as expressed in the words of the statute,” Appeal of Derry Educ. Assoc., 138 N.H. 69, 70, 635 A.2d 465, 466 (1993), and “we will set aside erroneous rulings of law.” Appeal of Campton School Dist., 138 N.H. 267, 269, 639 A.2d 241, 242 (1994).

The Act was enacted in 1975 to “foster harmonious and cooperative relations between public employers and their employees [446]*446. . . .” Laws 1975, 490:1. To achieve this goal, the Act granted public employees the right to organize and engage in collective bargaining with their employers, mandated that public employers negotiate in good faith with employee organizations, and established the PELRB to assist in resolving disputes between government and its employees. Id.

The Act defines “public employee” as “any person employed by a public employer,” with several exceptions. RSA 273-A:1, IX. “Public employer” is defined as “the state and any political subdivision thereof, any quasi-public corporation, council, commission, agency or authority, and the state university system.” RSA 273-A:1, X (1987).

The Act does not define what constitutes the “state” for purposes of its definition of “public employer,” nor did the legislature explicitly exempt itself from the definition. “Where statutory language is not specifically defined, we look to the intent of the legislation, which is determined by examining the construction of the statute as a whole . . . .” Rix v. Kinderworks Corp., 136 N.H. 548, 550, 618 A.2d 833, 834 (1992) (quotation omitted). We conclude that the legislature did not intend to include itself as a public employer for purposes of the Act; we construe “state,” as used in RSA chapter 273-A, as signifying the executive branch only.

The Act contains specific procedures for bargaining with State employees. RSA 273-A-.9 (1987 & Supp. 1995). The statute grants the executive branch effective control over the bargaining process. Id. The Governor, as chief executive, is charged with representing the State in the negotiation of cost items and terms and conditions of employment affecting State employees. RSA 273-A:9, I (1987). To assist with the negotiations, the Governor is directed to appoint an advisory committee, RSA 273-A:9, III (1987), and may also designate an official state negotiator, who serves at the Governor’s pleasure. RSA 273-A:9, II (1987). In effect, the Governor has sole authority to direct the negotiation process.

By contrast, the legislature’s role in the bargaining process is markedly limited. The Act establishes a permanent joint legislative committee on employment relations, comprised of various members of the house and senate leadership, which meets with the State negotiating committee “to discuss the state’s objectives in the bargaining process.” RSA 273-A:9, V(a), (c) (Supp. 1995). The joint legislative committee is also required to hold hearings on all collective bargaining agreements with State employees and related fact-finders’ reports, and to “submit any recommendation” arising [447]*447therefrom to the house and the senate. RSA 273-A:9, V(d) (Supp. 1995). By their nature, these functions are advisory, and not part of the negotiations.

In addition, the legislature has the authority to approve or reject the cost items of any agreement entered into by the State with its employees. RSA 273-A:3, II(b) (1987). Cost items are defined as “any benefit acquired through collective bargaining whose implementation requires an appropriation by the legislative body of the public employer . . . .” RSA 273-A:1, IV (1987). Thus the Act does not grant the legislature any authority that it did not already have; the legislature is the branch of government which appropriates public funds.

Finally, the legislature may play a role when State negotiators and State employees fail to reach a bargaining agreement and instead submit to mediation. RSA 273-A:12, I, III (1987). In such cases, the legislature, as the legislative body of the public employer, may ultimately vote on whether to accept or reject the recommendations of a mediator. RSA 273-A:12, I-III (1987).

Construed as a whole, the Act vests the executive branch with substantive control over the collective bargaining process with State employees. As such, we read the Act as appropriately applying only to employees of the executive branch of the State. The limited role assigned to the legislature weighs against the Act’s applicability to the legislative branch. Without an explicit expression of intent, we will not assume that the legislature intended to surrender to the Governor the authority both to negotiate the terms and conditions of employment for its employees, and to exclusively represent it in negotiations with its employees. “We will not interpret the statute to produce such an illogical result.” Appeal of Soucy, 139 N.H. 110, 116, 649 A.2d 60, 63 (1994) (quotation omitted).

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Bluebook (online)
685 A.2d 910, 141 N.H. 443, 1996 N.H. LEXIS 123, Counsel Stack Legal Research, https://law.counselstack.com/opinion/appeal-of-the-house-legislative-facilities-subcommittee-nh-1996.