Tremblay v. Berlin Police Union, No. 5567

• Court: Supreme Court of New Hampshire
• Writing for the Court: PER CURIAM; GRIFFITH
• Citation: 108 N.H. 416,237 A.2d 668
• Parties: Paul TREMBLAY et al. v. BERLIN POLICE UNION et al.
• Docket Number: No. 5567
• Decision Date: 30 January 1968

Page 668

237 A.2d 668 108 N.H. 416 Paul TREMBLAY et al.
v.
BERLIN POLICE UNION et al. No. 5567. Supreme Court of New Hampshire. Argued Jan. 6, 1967.
Decided Jan. 30, 1968. SYLLABUS BY THE COURT

1. Where the discretionary power of municipalities to "recognize unions of employees and make and enter into collective bargaining contracts with such unions" ( RSA 31:3 (supp)) was exercised by the city of Berlin by adoption of such provisions by ordinance conferring upon city boards and commissions the authority to place such provisions into effect, it was held that the Berlin police commissioners had authority to enter into a collective bargaining contract with municipal employees.

2. Where the city of Berlin, pursuant to enabling home rule legislation (Laws 1963, 275:3), voted to authorize the mayor and city council to appoint police commissioners instead of their appointment being made by the State (Laws 1963, 275:8) it was held that police commissioners appointed in accordance therewith were city officers and therefore authorized to enter into collective bargaining agreements with unions.

3. A collective bargaining agreement between the Berlin police commissioners and municipal employees was held not to be an abdication and surrender of municipal sovereignty and against the public interest where the agreement contained provisions designed to make all delegation of authority to the union consistent with and subject to the ultimate authority of the police commission and mayor and council to manage the police department consistently with statutory directives, and where under the contract the union agreed that there should be no strikes, slowdowns of work or any interference with the efficient management of the police department.

4. A grievance procedure clause of the collective bargaining agreement providing for submission of grievances to arbitration was held not to constitute an unlawful delegation of municipal authority to the union where the agreement contained further provisions subjecting the grievance and arbitration procedures to Laws 1963, 275:5 as well as the State arbitration statute ( RSA 273:12 -27).

5. The Legislature has declared ( RSA 31:3 (supp)) as a matter of public policy that collective bargaining for municipal employees is a proper public purpose; and such enactment authorizing a municipality to enter into a collective bargaining agreement with a labor union is a constitutional exercise of legislative power.

Page 669

Petition for declaratory judgment (RSA 491:22) to test the [108 N.H. 417] validity of certain provisions of a union contract negotiated on December 13, 1965 between Local Union #1444 of the American Federation of State, County, and Municipal Employees and the Berlin police commission. The plaintiffs are Paul Tremblay, the city marshal of the city of Berlin, his assistant, and two police officers Edgar LaPlante and Carl Giordono. The defendants are the Berlin police department Local Union #1444 of the American Federation of State, County and Municipal Employees and the Berlin police commissioners. The parties submitted an agreed statement of facts and questions of law raised by the pleadings were reserved and transferred without ruling by the Court (Grant, J.).

The pertinent part of the agreed statement of facts is as follows:

'1. That on December 13th, 1965, the Police Commissioners for the City of Berlin, did recognize the local Union #1444 as the sole and exclusive representative of all employees of the Police Department except the Chief and his assistant, for the purposes of bargaining with respect to wages, hours of work, and working conditions acting under the alleged authority granted to them by New Hampshire Revised Statutes Annotated, Chapter 31, Section 3 Supplement, 'Towns may recognize unions of employees and make and enter into collective bargaining contracts with such unions.

'2. That on December 13, 1965, the Union and the Berlin Police Commission executed a contract, a copy of which is annexed to the petition.

'3. Article II, Section 1, of the contract recognizes that the Union is the sole and exclusive representative of all employees for the purpose of bargaining with respect to wages, hours of work and working conditions.

'4. Article III, Section 1, of the contract establishes a Union Shop.

'5. Article VII, Section 1, of the contract, entitled 'Vacancies,' provides that the employee with the highest seniority shall be given first opportunity to fill a vacancy providing he is qualified.

'6. Article VIII, Section 1, provides that reduction in force or rehiring shall be done on the basis of seniority.

'7. Article IX, Section 1, provides that temporary employees shall be hired before new employees, provided they can qualify.

[108 N.H. 418] '8. Article XVII, Section 1, sets up a procedure for settling grievances, which among other things, provides for an impartial arbitrator, whose decision shall be final and binding on all parties, with the further proviso that this clause shall comply with and be subordinate to the New Hampshire State Law.

'9. Article XXIII, Section 1, provides for payment to officers for appearance in

Page 670

Court and controls the manner in which the officers shall issue subpoenas.

'10. That your Petitioners Edgar LaPlante and Carl Giordono, Police Officers of the Berlin Police Department holding the rank of Sergeant Detective initially refused to give individual written authorization to allow the deduction from their weekly salary of $4.00 per four (4) week period for Union dues as demanded by Article IV, Section 1 of the above named contract entitled, Check-Off, but were finally constrained to sign by the Petitionees Local Union #1444 and the Petitionees the Police Commissioners for the City of Berlin upon information and belief expressed to them by the said...