Appeal of Hinsdale Federation of Teachers, NEA-New Hampshire, NEA, NEA-NEW

• Decision Date: 24 May 1990
• Docket Number: No. 89-192,NEA-NEW,89-192
• Citation: 575 A.2d 1316,133 N.H. 272
• Parties: , 61 Ed. Law Rep. 144 Appeal of HINSDALE FEDERATION OF TEACHERS,HAMPSHIRE, NEA (New Hampshire Public Employee Labor Relations Board).
• Court: New Hampshire Supreme Court

Page 1316

575 A.2d 1316

133 N.H. 272, 61 Ed. Law Rep. 144

Appeal of HINSDALE FEDERATION OF TEACHERS, NEA-NEW HAMPSHIRE, NEA (New Hampshire Public Employee Labor Relations Board).

No. 89-192.

Supreme Court of New Hampshire.

May 24, 1990.

Rehearing Denied July 6, 1990.

James F. Allmendinger, Staff Atty., NEA-New Hampshire, Concord, by brief and orally, for petitioner.

Krasner Professional Ass'n, Farmington (Emmanuel Krasner, on the brief and orally), for intervenor, N.H. Federation of Teachers, American Federation of Teachers, AFL-CIO.

BATCHELDER, Justice.

This case is before us on appeal from a ruling of the New Hampshire Public Employee Labor Relations Board (PELRB), determining that on October 4, 1988, petitioner Hinsdale Federation of Teachers (HFT) changed its State union affiliation from the New Hampshire Federation of Teachers (NHFT) to the National Education Association-New Hampshire (NEA-NH), and that, consequently, the NHFT is entitled to certain dues payments collected by the Hinsdale School Board (school board) before that date. The PELRB reached this decision after declaring moot the question of whether a local school district employee organization may change its affiliation from one State or national labor organization to another, without first conducting a representation election. For the reasons that follow, we affirm.

Since its certification by the PELRB, after a representation election held pursuant to RSA 273-A:10, the HFT has been the exclusive bargaining representative for the Hinsdale teachers. At the time of its certification, the HFT was affiliated with the State-wide organization, the NHFT, its national parent organization, the American Federation of Teachers and the international organization, the AFL-CIO. In May of 1988, members of the HFT sought to change the affiliation of the local from the NHFT to another State-wide organization, the NEA-NH, which is affiliated with the National Education Association. In furtherance of this goal, the member teachers held their own internal election procedure at which they voted unanimously to disaffiliate from the NHFT and to affiliate with the NEA-NH.

On June 9, 1988, the local communicated these election results to the PELRB through a letter and a "Notification Of The Removal Of Affiliation And New Affiliation." In the notification, the teachers attempted to satisfy the PELRB that the requirements of N.H. Admin.Rules, Pub 301.05 (Pub 301.05) had been fulfilled. Pub 301.05 states that in the event that an exclusive representative merges or affiliates with any other national, regional, state, or local labor organization, or if an exclusive representative disaffiliates from any other such labor organization, the PELRB shall note the change without requiring an election under RSA 273-A:10. Before the PELRB may note such a change, however, Pub 301.05 requires that the PELRB satisfy itself that three requirements have been met: (1) that the internal rules of the exclusive representative, regarding the approval of the affiliation, have been followed; (2) that the employees in the bargaining unit have had a reasonable opportunity to learn about and be heard with regard to the proposed change; and (3) that the local organization has not changed materially from that selected as the exclusive representative. On July 14, 1988, the PELRB sent to the HFT a letter acknowledging receipt of the HFT's letter and notification and stating that "[d]ue notice has been taken of the action by the Hinsdale Federation of Teachers."

At the time of the HFT's attempt in May and June of 1988 to change its affiliation from the NHFT to the NEA-NH, it had in effect a collective bargaining agreement with the school board. The agreement ran from September 1, 1986, through August 31, 1989, and contained a requirement that the school board pay dues, through deductions from member teachers' earnings, to the "Hinsdale Federation of Teachers, Local 4255, NHFT/AFT, AFL-CIO." After it was notified of the HFT's change in affiliation, the school board ceased remitting dues to the HFT, stating that it was unsure to which State affiliate, the NEA-NH or the NHFT, it was to make payments.

On August 29, 1988, after the school board ceased paying dues, the HFT, NEA-NH, NEA filed with the PELRB an unfair labor practice complaint against the school board for failure to recognize the new affiliation. The NEA-NH also filed with the PELRB on that day a petition for declaratory judgment requesting that the PELRB resolve the question of whether Pub 301.05 allowed "local school district employee organizations to affiliate with different national labor organizations without the need for a new representation election, even if the local organization was previously affiliated with another national labor organization." The HFT, NEA-NH, NEA filed, as well, a motion to consolidate these actions and a petition for certification, seeking an election to clarify the status of affiliation. The PELRB ordered an election and after the results of the vote showed near unanimous approval of the affiliation with the NEA-NH, on October 4, 1988, the PELRB certified the HFT, NEA-NH, NEA as the exclusive bargaining representative of the Hinsdale teachers.

The certification did not state an effective date and the school board, claiming to be unsure as to the status of representation during the final year of the collective bargaining agreement, filed a petition for declaratory judgment with the PELRB on October 12, 1988, requesting, inter alia, to be instructed to whom it should pay the union dues that it had collected under the agreement. Finally, the NHFT moved to intervene in the various matters before the PELRB, claiming to be the certified exclusive bargaining representative of the HFT, which claim implied entitlement to the dues which the school board was withholding. On November 3, 1988, the PELRB held a hearing on all of the matters involved.

On February 22, 1989, after granting the NHFT's motion to intervene, the PELRB rendered a decision on the various questions. In regard to the matters concerning us on appeal, the PELRB ruled moot the question put forth by the NEA-NH concerning the HFT's affiliation pursuant to Pub 301.05. Recognizing that Pub 301.05 contains no clear answer to the question of whether an election is required to change affiliation, the PELRB stated that

"[i]f these standards [of Pub 301.05] are satisfied, no election is required. If these...