State Employees' Ass'n v. Board of Trustees of the University

415 A.2d 665, 120 N.H. 272, 1980 N.H. LEXIS 285
CourtSupreme Court of New Hampshire
DecidedApril 23, 1980
Docket79-185
StatusPublished
Cited by17 cases

This text of 415 A.2d 665 (State Employees' Ass'n v. Board of Trustees of the University) 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
State Employees' Ass'n v. Board of Trustees of the University, 415 A.2d 665, 120 N.H. 272, 1980 N.H. LEXIS 285 (N.H. 1980).

Opinion

GRIMES, C.J.

The issue in this case is whether a legislative appropriation to the defendant trustees of “a sum sufficient to provide a salary increase of 7 percent for university system employees” mandated a 7 percent salary increase for all system employees. We hold that it did.

In 1978 the legislature, not having timely enacted a budget for fiscal years 1978 and 1979, passed a joint resolution making temporary appropriations to provide pay raises for State and university system employees. Laws 1978, ch. 2. It appropriated “to the trustees of the University of New Hampshire system a sum sufficient to provide a salary increase of 7 percent for university system employees.” Upon receipt of the funds, the trustees chose to award merit increases to certain of its employees. Some of the employees of the system, however, did not receive any increase, while others received less than 7 percent.

The plaintiff is the exclusive representative, selected pursuant to RSA ch. 273-A, for certain clerical and service personnel employed in the university system. On behalf of the employees within the bargaining unit who did not receive a 7 percent salary increase, the plaintiff brought an action for a declaratory judgment seeking a determination that a 7 percent increase was mandated for every employee by the language of the appropriation.

Following a hearing, the superior court found that the legislature had followed a long-standing practice of giving the university system a lump sum for raises and allowing the trustees to distribute it to the employees whom they deemed appropriate. The Trial Court {Johnson, J.) found that there was no language used in the 1978 resolution showing an intent not to follow the “long standing” practice. Accordingly, it ruled that the legislature intended to permit the trustees to continue the practice of merit raises with respect to the appropriation in question. The plaintiff appealed.

In any case involving the interpretation of a statute, the starting point must be the language of the statute itself. Lewis v. United States, 100 S. Ct. 915 (1980); Corson v. Brown Products, Inc., 119 N.H. 20, 23, 397 A.2d 640, 642 (1979). The language of *274 Laws 1978, ch. 2 is, absent extrinsic evidence, clear and simple: “[TJhere is hereby appropriated to the trustees of the University of New Hampshire system a sum sufficient to provide a salary increase of 7 percent for university system employees.” Nothing on the face of this statute indicates a legislative intent that the ftmds appropriated thereby were to be used for anything but a 7 percent increase for all system employees.

In the preceding section of the resolution, the legislature had made an appropriation for a 7 percent pay increase for all State employees as contrasted to university system employees. In that section, the following language was used: “The salaries otherwise authorized by [certain statutes] shall be increased by 7 percent of the amount specified by those sections . . . .” The trustees argue that this language clearly gave each State employee a 7 percent pay raise but that, in contrast, the language of the resolution relating to the university system was an appropriation to “the trustees” to provide “a sum sufficient to provide a salary increase of 7 percent....” (Emphasis added.)

The trustees further argue that the university system maintains its own pay scales and that historically it has exercised a free rein in determining pay raises, not on the basis of cost of living but on the basis of merit and the market value of the services rendered. They contend that the appropriation was intended to make available a lump sum which was computed in terms of a 7 percent pay raise but which would be handled by the trustees in accordance with their own method of determining raises. Under the university system, not all persons would receive a raise or the same percentage raise.

As we have elsewhere observed, in construing a statute, this court looks “to both legislative intent and the objectives of the legislation.” Nazzaro v. Merrimack School Dist., 118 N.H. 287, 290, 385 A.2d 230, 232 (1978). The purpose underlying the resolution was to provide economic relief to university system employees because of the increase in the cost of living. The university’s method of awarding pay increases did not give consideration to this.

We conclude, therefore, that the difference between the language used in the resolution in regard to State employees and that relating to university employees does not negate an intent that all university employees receive at least a 7 percent raise. The language of the resolution would provide at least a 7 percent raise for everyone and the trustees, if they so wished, could provide *275 additional raises based on the system’s merit plan. The difference in language does not convince us that the legislature intended anything but to guarantee that all employees, State and university alike, would receive a 7 percent across-the-board increase, albeit with the understanding that the trustees, out of other funds available, could do whatever they wished regarding merit raises.

The legislative history is consistent with this interpretation. During the debate in the House of Representatives, Representative Tucker, Chairman of the Appropriations Committee, in response to the question whether some employees in the university system were paid out of funds generated by fees charged for services, responded:

I understand . . . that by the wording of this resolution any employee of the university is entitled to a seven percent raise but that that pay raise would come from whatever funds are customarily used to pay that employee....

N.H.H.R. JOUR. 17 (1978). Beyond this, Representative Scammon, in his question, indicated that he understood that the “seven percent pay raise for the university system refers to all university employees.” Thus, during the exchange before the house, both representatives indicated their understanding that the resolution provided a 7 percent raise for all university employees. The House Journal reveals that no one else questioned that interpretation.

The Senate Journal shows no statements that are necessarily inconsistent with this interpretation but contains some which are consistent with it. Senator Rock, in explaining that he had prepared a continuing resolution, stated that everyone was concerned “with . . . the financial difficulties of our state employees and those of the university system” and that his resolution “would include an immediate pay raise for all state employees at the level of 7 percent effective with the June 14th pay period.” N.H.S. JOUR. 3415-16 (1977). This statement shows concern for hardship due to the rise in the cost of living, draws no distinction between State and university, system employees and gives the impression that a 7 percent raise would be provided to alleviate that hardship for all employees.

This view of the legislative intent is further buttressed by remarks made on June 13, 1977, during the course of debate upon the continuing resolution.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State v. Harnum
697 A.2d 1380 (Supreme Court of New Hampshire, 1997)
Dionne v. City of Manchester
589 A.2d 1016 (Supreme Court of New Hampshire, 1991)
Chroniak v. Golden Investment Corp.
577 A.2d 1209 (Supreme Court of New Hampshire, 1990)
State v. Powell
567 A.2d 568 (Supreme Court of New Hampshire, 1989)
State v. Hart
540 A.2d 859 (Supreme Court of New Hampshire, 1988)
Bradley Real Estate Trust v. Taylor
515 A.2d 1212 (Supreme Court of New Hampshire, 1986)
Private Truck Council of America, Inc. v. State
517 A.2d 1150 (Supreme Court of New Hampshire, 1986)
Cagan's, Inc. v. New Hampshire Administration of Revenue Administration
512 A.2d 411 (Supreme Court of New Hampshire, 1986)
Appeal of Hood
508 A.2d 1075 (Supreme Court of New Hampshire, 1986)
Cagan's, Inc. v. New Hampshire Department of Revenue Administration
490 A.2d 1354 (Supreme Court of New Hampshire, 1985)
In re Robyn W.
469 A.2d 1351 (Supreme Court of New Hampshire, 1983)
State v. Smith
470 A.2d 890 (Supreme Court of New Hampshire, 1983)
Dover Professional Fire Officers Ass'n v. City of Dover
470 A.2d 866 (Supreme Court of New Hampshire, 1983)
Linlee Enterprises, Inc. v. State
445 A.2d 1130 (Supreme Court of New Hampshire, 1982)
Silva v. Botsch
420 A.2d 301 (Supreme Court of New Hampshire, 1980)
Appeal of John H.
419 A.2d 1084 (Supreme Court of New Hampshire, 1980)
Gerard Construction Co. v. City of Manchester
415 A.2d 1137 (Supreme Court of New Hampshire, 1980)

Cite This Page — Counsel Stack

Bluebook (online)
415 A.2d 665, 120 N.H. 272, 1980 N.H. LEXIS 285, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-employees-assn-v-board-of-trustees-of-the-university-nh-1980.