HB 1405-FN - AS INTRODUCED
1998 SESSION
98-2018
10/08
HOUSE BILL 1405-FN
AN ACT including the legislature and judiciary as public employers under the public employees labor relations act.
SPONSORS: Rep. Cushing, Rock 22; Rep. Baroody, Hills 42
COMMITTEE: Legislative Administration
ANALYSIS
This bill adds the legislature and the judiciary to the definition of public employers under RSA 273-A, the public employee labor relations act.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
98-2018
10/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord One Thousand Nine Hundred and Ninety-Eight
AN ACT including the legislature and judiciary as public employers under the public employees labor relations act.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Legislative Facilities Committee; Reference to Collective Bargaining Added. Amend RSA 17-E:5 to read as follows:
17-E:5 House and Senate Subcommittees. The house members, with the speaker as chairman, shall be a subcommittee for legislative management for the house; and the senate members, with the president as chairman, shall be a subcommittee for legislative management of the senate. All transfers within the house or senate appropriations and all salaries of legislative attaches and other employees unless covered by a collective bargaining agreement under RSA 273-A, or otherwise specifically provided by statute shall require the approval of the respective subcommittee. The salaries as determined hereunder shall be a charge upon the appropriation made for the legislature.
2 Board of Public Employer; Legislature and Judicial Branches. Amend RSA 273-A:1, II to read as follows:
II. "Board of the public employer" means the executive body of the public employer, such as the city council, board of selectmen, the school board or the county commissioners.
(a) For purposes of this chapter:
(1) The board of the public employer for [the] executive branch state employees means the governor and council.
(2) The board of the public employer for the legislature means the joint committee on legislative facilities established in RSA 17-E.
(3) The board of the public employer for the judiciary means the chief justice of the supreme court with the advice and consent of the chief justice of the superior court pursuant to RSA 490-A.
(b) In certain political subdivisions of the state the board of the public employer may also be the legislative body.
3 Public Employer; Legislature and Judiciary Added. Amend RSA 273-A:1, X to read as follows:
X. "Public employer" means the state and any political subdivision thereof, the legislative and judicial branches of the state, any quasi-public corporation, council, commission, agency or authority, and the state university system.
4 New Sections; Bargaining by Legislative and Judicial Employees. Amend RSA 273-A by inserting after section 9 the following new sections:
273-A:9-a Bargaining by Legislative Employees.
I. All cost items and terms and conditions of employment affecting legislative employees generally shall be negotiated by the legislature, represented by the joint committee on legislative facilities, with a single employee bargaining committee comprised of exclusive representatives of all interested bargaining units. Negotiations regarding terms and conditions of employment unique to individual bargaining units shall be negotiated individually with the representatives of those units by the committee.
II. The joint committee on legislative facilities may designate an official legislative negotiator who shall serve at the pleasure of the committee.
273-A:9-b Bargaining by Judicial Employees.
I. All cost items and terms and conditions of employment affecting legislative employees generally shall be negotiated by the unified court system, represented by the chief justice of the supreme court with the advice and consent of the chief justice of the superior court, with a single employee bargaining committee comprised of exclusive representatives of all interested bargaining units. Negotiations regarding terms and conditions of employment unique to individual bargaining units shall be negotiated individually with the representatives of those units by the chief justices.
II. The chief justice of the supreme court, with the advice and consent of the chief justice of the superior court, may designate an official negotiator who shall serve at the pleasure of the chief justices.
5 Court Personnel; Reference to Collective Bargaining Added. Amend RSA 490:26-b to read as follows:
490:26-b Court Personnel and Compensation System. The supreme court shall establish a uniform personnel classification and compensation system and salary and grievance procedures for all nonjudicial court personnel not covered by a collective bargaining agreement under RSA 273-A. The compensation system shall be approved by the legislature prior to becoming effective if the legislature is meeting in regular session. If the legislature is not meeting in regular session, the compensation system shall be approved by the legislative fiscal committee prior to becoming effective. The salary and grievance procedures for employees not covered by a collective bargaining agreement under RSA 273-A shall be established by administrative order of the supreme court.
6 Court Personnel; Reference to Collective Bargaining Added. Amend RSA 490:28 to read as follows:
490:28 Benefits of Nonjudicial Employees. [Notwithstanding any other provision of law] Except as provided in a collective bargaining agreement under RSA 273-A, full-time nonjudicial employees of the judicial branch shall, effective January 1, 1984, receive all fringe benefits and salary increases as provided for classified state employees including membership in the state retirement system, Blue Cross and Blue Shield coverage, dental insurance, life insurance coverage, and annual and sick leave benefits. Annual and sick leave benefits accumulated by said employees, as a result of service prior to January 1, 1984, shall be transferable under such guidelines as may be established by the supreme court unless covered in a collective bargaining agreement under RSA 273-A.
7 Effective Date. This act shall take effect January 1, 1999.
LBAO
98-2018
12/10/97
HB 1405-FN - FISCAL NOTE
AN ACT including the legislature and judiciary as public employers under the public employees labor relations act.
FISCAL IMPACT:
The Judicial Branch (AOC) indicates state general fund expenditures will increase by $34,608 in FY 1999, by $65,541 in FY 2000, by $68,732 in FY 2001, and by $72,083 in FY 2002. The Legislature indicates state general fund expenditures may increase by an indeterminable amount in FY 1999 and each year thereafter. There is no fiscal impact on state, county and local revenue or county and local expenditures.
METHODOLOGY:
The AOC states it will need a minimum of 2 additional employees to manage ongoing employee relations matters. All costs are based on current salary figures and presume a 5% increase per year.
FY 1999 FY 2000 FY 2001 FY 2002
Court Service Representative
(Labor Grade 30) $28,815 $30,256 $31,769 $33,358
Secretary II (Labor Grade 10) 17,585 18,465 19,388 20,357
$46,400 $48,721 $51,157 $53,715
Benefits 14,384 15,104 15,859 16,652
$60,784 $63,825 $67,016 $70,367
x 1/2
$30,292
Furniture 2,500
$32,792
Supplies 1,716 1,716 1,716 1,716
Total $34,508 $65,541 $68,732 $72,083
The Legislature states it may need to hire an individual to assist with employee negotiations. The length of time and amount possibly needed is unknown.
Assuming negotiations for the two new bargaining units will be in the Concord area, the Public Employee Labor Relations Board does not anticipate any cost beyond currently appropriated funds.