State Employees' Ass'n of New Hampshire, Inc. v. Mills, Nos. 6986

• Court: Supreme Court of New Hampshire
• Writing for the Court: DUNCAN
• Citation: 115 N.H. 473,344 A.2d 6
• Parties: , 90 L.R.R.M. (BNA) 2571 The STATE EMPLOYEES' ASSOCIATION OF NEW HAMPSHIRE, INC. v. Eugene S. MILLS, Acting President University of New Hampshire, et al.
• Docket Number: Nos. 6986,6987
• Decision Date: 29 August 1975

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344 A.2d 6 115 N.H. 473, 90 L.R.R.M. (BNA) 2571 The STATE EMPLOYEES' ASSOCIATION OF NEW HAMPSHIRE, INC.
v.
Eugene S. MILLS, Acting President University of New Hampshire, et al. Nos. 6986, 6987. Supreme Court of New Hampshire. Aug. 29, 1975.

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Cleveland, Waters & Bass and Robert T. Clark, Concord, for plaintiff.

Devine, Millimet, Stahl & Branch and Luke S. O'Neill, Jr., Manchester, for defendants.

[115 N.H. 474] DUNCAN, Justice.

The plaintiff State Employees' Association, representing the nonacademic employees of Keene State College and Plymouth State College, brought these companion petitions for injunctive and declaratory relief against the acting president of the University of New Hampshire, the Trustees of the University, and the members of the negotiating team, so-called, of Keene State College, and Plymouth State College, respectively. They sought temporary relief, and a determination of whether the defendants have bargained in good faith with the plaintiff, as required by RSA 98-C:5 (Supp.1973); as well as definition of the scope of bargaining required by RSA ch. 98-C (1964), as amended.

Temporary orders were entered by the Superior Court (Loughlin, J.) on June 28, 1974 and July 11, 1974. By stipulation of the parties dated July 25, 1974 these orders were dissolved, and it was agreed that grievance procedure in effect prior to expiration of an agreement dated May 27, 1972 shall remain in force; that plaintiff will be notified of any changes to be instituted in the following areas, 'all of which are disputed as comprising 'conditions of employment' (within the meaning of RSA ch. 98-C (Supp.1973)): (i) wages; (ii) health, hospitalization, and group life insurance benefits; (iii) retirement benefits'; and that the court will retain jurisdiction over the matters set forth. Thereupon a decree in accordance with the stipulation was entered, and all questions of law arising on the pleadings were reserved

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and transferred under RSA 491:17 (1968) by Batchelder, J.

The statute involved (RSA ch. 98-C (Supp.1973)) has since been repealed by Laws 1975, 490:4, effective December 21, 1975, and together with RSA ch. 105-B (Supp.1973) will be replaced by Laws 1975, 490:2, establishing RSA ch. 273-A, effective August 23, 1975. Laws 1975, 490:6. Section 3 of the 1975 Act provides that any 'collective bargaining agreement in existence on the effective date of this chapter' shall not be terminated or modified by the chapter.

The basic dispute presented by the pleadings relates to whether the statute requires negotiation by the parties with respect to the three areas of 'money matters' specified in the stipulation of the parties quoted above. Other disputed areas relate to binding arbitration and negotiation with respect to an 'agency shop'.

The governing statute, 'An Act to Improve Management-Employee Relations in State Employment', now RSA ch. 98-C (Supp.1973), was adopted in 1969. Laws 1969, ch. 290. It defined [115 N.H. 475] an 'Employee organization', which in this case is the plaintiff association, as an association 'having as a primary purpose the improvement of working conditions among employees', including classified employees of the state, and nonacademic employees of the university. RSA 98-C:1, subds. I, II (Supp.1973). Keene State College and Plymouth State College are designated as units 'for purposes of representation and collective bargaining' and the president of the university is made 'chief executive officer' of these units since they include nonacademic employees. RSA 98-C:1, subds. V, VII (Supp.1973). Under RSA 98-C:5 (Supp.1973), the chief executive officer or his representatives are required to meet with representatives of the employee organization 'upon request, and to bargain in good faith for the purpose of reaching agreement upon the terms of an agreement as provided in section 4'.

Thus the bargaining in these cases has been between representatives of the plaintiff and of the defendant as acting president of the university.

The basic nature and scope of agreements which may be bargained for, so far as defined by RSA ch. 98-C (Supp.1973), are specified in section 4 of the act, as amended by Laws 1970, 41:5, as follows: 'I. The chief executive officer of a unit is empowered to negotiate and enter into a written agreement for a term not exceeding five years with a certified and recognized employee organization as to the conditions of employment of employees in the unit, which may, without being limited thereto, include provisions-(a) Establishing lawful procedures and steps for adjustment of grievances and disputes relating to conditions of employment, provided that the settlement thereof is not incompatible with law. (b) Establishing lawful procedures and steps for conferring upon and considering recommendations for improvements in personnel policies and changes in classifications and allocations. (c) Establishing lawful procedures and steps for arbitration of grievances and disputes relating to conditions of employment, which cannot be adjusted by agreement; the decision of the arbitrator or arbitrators to be final and binding on the parties unless it is incompatible with existing law or regulation or requires an appropriation of additional funds, in which case it shall be only advisory in nature. (d) Establishing lawful procedures and steps for mediation or fact-finding to assist in the negotiation of an agreement in succession to one which is about to or has expired which provisions shall...