We'll post here case summaries of projects of interest to New Hampshire's unionized employees that we took on.  

When you work with us, you'll gain a wealth of industry experience. Read about some of our significant cases below.

• Hampton Firefighters win sick leave bank case!

  The decision of the Town to ignore contract languange and deviate from a past practice which allowed sick leave to be paid even when the 'bank' is empty was soundly overturned by the PELRB. Even after the the Superior Court issued an injunction allowing the Town to stop making those payments, the PELRB properly exercised its own jurisdiction and found that the Town committed an unfair labor practice for ceasing that benefit without negotiations or going to arbitration.  Read the case here. 

• PELRB issues troubling 'Sanborn defense' ruling.

  The PELRB ruled that the Town of Hampton may stop paying step increases pursuant to an evergreen clause in its contract with certain municipal workers.  The Town had been making these payments for years under the terms of an evergreen clause.  To avoid this contractual obligation, the Town argued that the warrant article passing the contract (several years ago) did not adequately "warn" the voters that the evergreen clause would result in step increases even if the parties did not reach an agreement on a successor contract.  The PELRB has endorsed this "Sanborn defense" (the name of the seminal NH Supreme Court decision in this area), and this could have adverse consequences in many other ways.  So, the Town fails to draft a proper warrant article (committing a ULP) and it's the employees that suffer?  Read the case here.  The SEA is mulling next moves.

• SEA wins important PELRB case for domestic partner health insurance benefits.

  The PELRB, acting on a petition filed by the SEA, found that the State had committed an unfair labor practice by refusing to extend certain health insurance benefits to domestic partners.  Getting important benefits in your contract is only half the battle, often times.  Enforcing the terms of the contract is equally important.

• 33 Year Employee of School District takes on Employer and NHRS --  and wins!

  A longtime principal's secretary -and longtime union activist- at the Goffstown School District (GSD) had, for many years, attempted to negotiate, through her NEA affiliate Local, that the GSD enroll school district support staff employees in the New Hampshire Retirement System.  In the course of that effort, the Union discovered that the GSD had already (back in 1950) voted to enroll these employees but neglected to tell the NHRS about that vote.  The NEA took the matter to the Retirement Sysytem, but because of a statutory technicality, that effort failed.  Undeterred, we took the case against GSD for failing to notify the NHRS of the 1950 vote and, in September 2008 , won over $45,000 for lost employer contributions for this courageous and dedicated school employee. Read the decision here!
  

• Firefighters take on the Local Government Center (and win!).

  PFFNH recently 'opened the books' of the Local Government Center - otherwise known as the union representing public sector bosses -- the cities, towns and school districts we face across the bargaining table. Now when your Union faces claims of rising health insurance costs, the LGC will have to disclose the 'devil in the details'.  See our dowload page for more on the legal battle to require the LGC to comply with the Right-To-Know law.  And the battle continues --  PFFNH recently filed in court for an order requiring LGC to disclose what exaclty they are doing with the money they get from the taxpayers of our state.

• SEA wins important anti - raiding case at Supreme Court.

  Reversing a prior anti-union decision dating back decades, the SEA convinced the Supreme Court that our statute protects the ability of existing bargaining agents and unions to represent its members free from untimely attacks. Protect the contract bar rule!  The effort continues -- see our download page for more.

• Concord Police Union secures FLSA victory!

  In a true 'David versus Goliath' struggle battled in Federal court, Concord police officers will now be compensated for all time spent on the job, including time 'donning and doffing' required uniforms and equipment.  This case forged new legal ground -- are you getting paid for all your time serving the public?  Read more...
  

• Manchester Fire Union stops City from forcing members to to submit to random physicals/blood tests.

  Unions support a safe and healthy work environment, but we also need to protect the Union's right to bargain with employers over terms and conditions of employment. Manchester Fire did - and we had to go to court to do it.  Read more...
  

• Public Works employee wins job back!

  It's certainly tough looking on from the outside in, but the taste of victory is sweet.  A long tenured public servant was unfairly targeted by supervisors and lost his job on exaggerated , personal attacks (sound familiar?).  The value of having a contract cannot be understated -- with no contract and Union, this guy was history.  Read more...
  

• Fair Share fees may be deducted from paychecks.

  In yet another victory over the 'right-to-work'  lobby, the SEA litigated (and won) the issue of deducting fair share fees from employee paychecks. See our downloads page for more.

• Firefighter demotion overturned.

  A Union victory that stunned the employer, Firefighter fights back and wins Lieutenant's job back -- with full back pay. We cannot underestimate the value of a strong Union.

   

• Firefighters win fight over unilateral schedule change!

  Even when out of contract, the 'status quo doctrine' protects against the unilateral change in working conditions - especially stop and start times!  And this case out of Goffstown ends the myth that an employer may avoid these rules due to an "emergency".

Did You Know......

      Garrity rights - your protection against self incrimination during employer investigations - are only available if you request them.  Steward preparedness is key.

      Unions must represent everyone in the bargaining unit - members and non members alike.  However, Union efforts have secured favorable agency fee court decisions so that the free riders pay their fair share.

      If you have an issue with the boss over money (imagine that), you not only have contract rights but statutory protections preventing the employer from withholding from your paycheck what they think you owe them.  Union court activity wins again.