SB 37 – AS INTRODUCED

2013 SESSION

13-0977

06/05

SENATE BILL 37

AN ACT relative to management rights under collective bargaining.

SPONSORS: Sen. Bragdon, Dist 11

COMMITTEE: Executive Departments and Administration

ANALYSIS

This bill expands the definition of “terms and conditions of employment” as it relates to public employee labor relations.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

13-0977

06/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Thirteen

AN ACT relative to management rights under collective bargaining.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Public Employee Labor Relations; Definitions; Terms and Conditions of Employment. Amend RSA 273-A:1, XI to read as follows:

XI. “Terms and conditions of employment” means wages, hours and other conditions of employment other than managerial policy within the exclusive prerogative of the public employer, or confided exclusively to the public employer by statute or regulations adopted pursuant to statute. The phrase “managerial policy within the exclusive prerogative of the public employer’ shall be construed to include but shall not be limited to the functions, programs, and methods of the public employer, including the use of technology, the public employer's organizational structure, [and] the selection, direction and number of its personnel, and the right to determine standards for evaluation, compensation, selection, layoff and retention, discipline, assignment and transfer, and other traditionally accepted managerial rights, so as to continue public control of governmental functions.

2 Effective Date. This act shall take effect 60 days after its passage.