American Federation of State, County and Municipal Employees, AFL-CIO v. City of Keene

Decision Date29 March 1967
Docket NumberAFL-CIO
Citation227 A.2d 602,108 N.H. 68
PartiesAMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES,v. CITY OF KEENE et al.
CourtNew Hampshire Supreme Court

Broderick, Craig, Bourque and Costakis (William H. Craig, Manchester, orally) for plaintiff.

Eric J. Kromphold, Jr., City Sol. (by brief and orally), for defendants.

LAMPRON, Justice.

The right of public employees to organize and that of public employees to enter into collective bargaining agreements with them or their representatives are not as clearly established as is the case in private industry. Cornell, Collective Bargaining by Public Employee Groups, 107 U.Pa.L.Rev. 43 (1958-59); Weisenfeld, Public Employees-First or Second Class Citizens-, 16 Lab.L.J. 685 (1965); Mysliwiec, Municipal Employees' Unions; The Climb Up Labor's Ladder, 4 Duquesne U.L.Rev. 137 (1965). However the right of public employees to join or become members of labor unions is becoming increasingly recognized. Annot. 31 A.L.R.2d 1142, 1149, s. 3.

In 1955 (Laws 1955, ch. 255, now RSA 31:3 (supp)), our Legislature removed the doubt previously existing as to the power of municipalities to enter into a collective bargaining contract with a labor union. Manchester v. Manchester Teachers Guild, 100 N.H. 507, 511, 131 A.2d 59. However the rights which flow to public employees from such authorization and the nature and scope of the contract which can be entered into between a public employer and its employees as a result of this legislation have not been precisely defined. Manchester v. Manchester Teachers Guild, supra.

The Trial Court made the following findings which are warranted by the evidence:

'4. During the month of July, 1964, agents of the plaintiff with the express consent of the City Manager (Frank R. Saia) and the Superintendent (Robert G. Shaw) circulated among the employees of the Public Works Department (while said employees were not on city time), and obtained the consent and agreement of a majority of said employees to become members of the plaintiff union.

'5. On August 13, 1964 an election was held under the supervision of the State of New Hampshire Department of Labor. Prior to said election Robert G. Shaw, Superintendent of Public Works for the City of Keene, agreed in writing * * * to accept the decision of the Deputy Labor Commissioner as to the outcome of said election (whether the plaintiff shall be the bargaining agent for the employees of the Department of Public Works); and

'This agreement was signed by the defendant Shaw in the presence of, and at the express direction of the defendant Saia, who was acting as City Manager.' The Trial Court further found that at this election, which was certified in writing to have been 'fairly conducted' '52 out of 55 who were eligible to vote had cast their votes and 39 voted for the plaintiff.'

The first question transferred is the following: 'As a result of said election, did the plaintiff become the bargaining agent for the employees of the Department of Public Works, except supervisory employees, after said election? Laws 1955, Ch. 255 (now RSA 31:3 (supp)), added to the general powers of towns the power to 'recognize unions of employees and make and enter into collective bargaining contracts with such unions'. In cities this power resides in the mayor and city council unless the city charter provides otherwise. RSA 44:2, 3; 3 Antieau, Mun.Corp.Law, s. 22.07, p. 234. The Keene charter provides that 'the administration of the fiscal, prudential, municipal and other affairs of the city, and the government thereof shall be vested in a principal officer, to be called the mayor, and a city council. Keene, Charter, s. 3.

We hold that the power to recognize unions of employees and to make contracts with such unions granted by Laws 1955, Ch. 255 is vested in the mayor and city council of Keene. It is unnecessary to decide whether this power can be or was delegated by them to the City Manager or the Superintendent of Public Works as the Trial Court made no finding or ruling that a delegation was made and the record before us does not require such a finding or ruling. Consequently the mayor and city council are not under obligation to recognize and negotiate with the plaintiff as the baraining agent of these employees unless they choose to do so.

However the city manager is 'the chief executive officer of the city' (RSA 49:1) and has 'general supervision of the property or business affairs of the city.' RSA 49:3. He has 'charge, control, and supervision, subject to direction of the governing body', of the Public Works Department of...

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    ...City of Fort Smith v. Arkansas State Council, No. 38, 245 Ark. 409, 433 S.W.2d 153 (1968); American Fed. of State, Co. & M. Emp. v. City of Keene, 108 N.H. 68, 227 A.2d 602 (1967). 1 It follows that issuance of the permanent mandatory injunction was contrary to principles of law which are i......
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    ...positions such as city manager, university president, and mayor. See American Federation of State &c. Employees v. Keene , 108 N.H. 68, 70, 227 A.2d 602 (1967) (city manager); State Employees' Ass'n v. Mills , 115 N.H. 473, 475, 344 A.2d 6 (1975) (university president); Kearns v. Nute , 94 ......
  • American Federation of State, County and Municipal Employees, AFL-CIO, Local 298 v. City of Manchester, AFL-CI
    • United States
    • New Hampshire Supreme Court
    • 30 Noviembre 1976
    ...had to be agreed to by the board of mayor and aldermen of the city. RSA 31:3; RSA 44:2, :3; American Federation of State, etc., Employees v. Keene, 108 N.H. 68, 70, 227 A.2d 602, 604 (1967). When the transfer took place in January 1970, the employees concerned had a discussion with their su......
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