Milner & Krupski, PLLC

109 North State Street
Suite 9
Concord, NH 03301
ph: 603.410.6011
info@milnerkrupski.com

What's New

We'll post here recent developments and news events of interest to New Hampshire's public employees and their Unions. Stop by often to get the latest on labor's legal happenings. Also be sure to check the legislative alert page for breaking news during the upcoming 2015 legislative session!

NH Supreme Court rules that public employee pension statute does not create enforceable contract rights.

(January 16, 2015)

The decision is out - the New Hampshire Supreme Court has ruled that the legislature may revise the pension benefit levels earned by public employees. The decision is here. More to follow.

Decision due tomorrow morning on important Pension Case.

(December 9, 2014)

The long awaited decision on the "NH3" case is due out from the NH Supreme Court tomorrow morning and will be available on the Court's website tomorrow morning at or around 9am. This case involves the increase in employee NHRS rates, increases the Superior Court judge ruled unconstituional (for those with ten or more years of service). Check out our website for more tomorrow.

Decision is in on 'double dipping' retirement case.

(September 30, 2014)

The NH Supreme Court issued its ruling today in a retirement case dealing with the issue of whether the legislature can limit to 32 hours the allowable time a NHRS retiree can work for one or more NHRS employers, pursuant to a 2012 amendment to RSA 100-A. The petitioner here was already retired in 2012 and was working in retirement less than 32 hours per NHRS employer, but working for multiple NHRS employers. The Supreme Court did not reach the important constitutional issue of 'vesting' this case presented, ruling that the 2012 amendment did not change the the prior law - even though the law went from "an employer" to "one or more employers". Read the decision here.

The issue of vesting, then, is left to the other pending retirement cases, Stay tuned!

SEA reaches big settlements in two major cases!

(September 16, 2014)

The SEA signed settlement agreements today resolving two lengthy disputes regarding Executive Branch employees’ wages and the eligibility of some NH State Liquor Commission part-time workers to be considered bargaining unit members. The affected employees will receive retro pay for previously lost shift differential and affected NH Liquor Store part-time employees will receive retro Sunday and holiday pay. This monetary settlement could exceed 1/2 million dollars! Great work.

State Employees win important salary 'enhancement' case at PELRB.

(July 31, 2014)

Teachers at the Sununu Youth Services Center (SYSC) (formally YDC) have been paid certain salary enhancements as a result of federal lawsuit filed over twenty years ago alleging students at the facility were not receiving an adequate education, due in part to low salaries paid to the teaching staff. The State recently informed SYSC teachers that their salaries would be reduced (by as much as 20%!) and the enhancements would end in order to meet recent legislated budget cuts. Not so fast! The doctrine of 'past practice' is alive and well in New Hampshire. Even though the increased salaries never were incorporated into the collective bargaining agreements through the years, a unanimous Labor Board ruled that the increased salaries nevertheless became part of the contract as a binding past practice. Read the decision here.

Illinois Supreme Court rules changes to retiree health benefit unconstitutional.

(July 3, 2014)

Although based on Illinois law, a recent state high court ruling may breath new life into the argument that retiree health benefits are a protected right, which cannot be changed by the legislature. Read accounts here. Meanwhile, our pension cases await decision by our Supreme Court. Stay tuned!

US Supreme Court issues much awaited decision in agency fee case.

(June 30, 2014)

Today, the Supreme Court issued its decision in Harris v. Quinn a case where the plaintiffs requested that the Court rule unconstitutional the charging of agency fees in the public sector. In a 5-4 decision drafted by conservative Justice Samuel Alito, the conservative majority of the Court dealt a blow to the partnership forged between the State of Illinois and homecare workers through their union, SEIU Health Care Illinois-Indiana (SEIU HCII).

In a closely divided ruling, the conservative wing of the Court overruled the 7^th Circuit Court of Appeals and held that the First Amendment bars Illinois homecare workers from adopting a fair share requirement to ensure that everyone shares in the costs of the bargaining.

In a somewhat unexpected move, the Court ruled that the affected employees were not "full fledged public employees" (they were paid through Medicaid and did not have traditional State employee status) and thus the 'fair share' guarantee in Abood v. Detroit Board of Education, 431 U.S. 209 (1977) was not at issue (Abood applied to public sector employees only).

Thus while the decision is a set back for Illinois homecare workers, the protections of Abood still apply. New Hampshire expressly followed the Abood ruling in allowing agency fees here in a case we participated in (read Nashua Teachers Union v. Nashua School District here).

So Labor dodges a bullet today, but should expect further assaults to come.

US Supreme Court upholds 1st Amendment rights of public employees.

(June 19, 2014)

In an important 'free speech' ruling, the high court again confirmed that 1st Amendment rights are not forfeited because one accepts public employment. In a rather shocking factual case, the president of a Texas community college fired an employee based on the truthful testimony given under subpoena in a federal trial in a matter not related to the employee's job. The decision (read it here) still leaves some questions unanswered, such as whether the subject matter must be unrelated to the job and whether state law would forbid such a firing in any event.

North Hampton Firefighters Win important victory at NH Supreme Court.

(May 7, 2014)

"Management rights" is a crutch employers often utilize when they attempt to thwart a Union's right to insist on bargaining over terms and conditions of employment. In North Hampton, the Town sought to implement a "new" paramedic program and unilaterally set wages and hours - even where the existing bargaining unit included EMS personnel of all levels. On behalf of the firefighters, Attorney John Krupski took up the battle through the PELRB and all the way to our Supreme Court and won! Cities and Towns are reminded that even when they decide to implement "new programs", they must bargain with the Union over mandatory subjects, such as wages and hours. Read the decision here.

State commits Unfair Labor Practice retaliating against protected Union activity!

(April 8, 2014)

The SEA wins a significant victory for its stewards and for public sector labor in New Hampshire in general. It's often a courageous decision to sign up to become a steward or other Union activist and done often at the risk of employer retaliation. Well, the PELRB issued an important decision upholding the protections against such actions! The State, it was found, violated RSA 273-A by transferring a steward to a remote job site (costing her great personal and financial hardship); by reading internal Union emails; and by issuing a 'return to work' policy that violated the parties' CBA. Read the decision here. A great decision and one that should encourage those who choose to actively help support New Hampshire public employees and their families!

SEA wins big 'shift differential' grievance against State!

(March 17, 2014)

An arbitrator has ordered the State to repay thousands of State workers wrongfully denied shift differential pay. In an important 'past practice' ruling, even where a newly hired State personnel manager read contract language in a way that would foreclose these payments, the fact that the payments had been made for nearly twenty years carries the day. Read the decision here.

Rye Firefighters win important arbitrability / staffing decision at PELRB!

(March 3, 2014)

Where a collective bargaining agreement (CBA) contains language that suggests the employer MUST fill shifts where vacancies occur, a breach of that promise may proceed to binding arbitration. As "platoon size" has been held a "permissible" subject of bargaining, the PELRB ruled, the tired old defense of "management rights" cannot prevent a grievance from proceeding to binding arbitration. Read the case here.

UNH Lecturers vote overwhelmingly to form bargaining unit!

(February 20, 2014)

Congratulations to UNH Lecturers and to UNH Lecturers United-AAUP who voted 141-23 to unionize and enter into bargaining with the University System of New Hampshire (UNH). Now it's on to negotiating a first collective bargaining agreement with the hope to begin to overcome the two-tier system sweeping higher education across the country. A great showing of solidarity today to this important cause. Stay tuned!

Supreme Court hands down ruling, slams the LGC
(January 10, 2014)

Near the end of a long journey. The Court today issued its opinion upholding substantially all of the hearing officer's rulings and rejecting nearly all of the LGC's claims involving their practice of hoarding tens of millions of dollars in violation of State law that requires all excess insurance premiums to be returned to NH political subdivision members of LGC. Rejecting LGC claims the Court ruled:

-- LGC did in fact keep too much money

-- LGC's trusts must have separate boards

-- LGC's worker's comp trust must repay 17.1 million

-- LGC must return 33.2 million to members

-- LGC may NOT use "rate stabilization" as excuse

-- LGC did not properly raise the conflict of interest issue

-- LGC must pay fees and costs back to the State (there will be further proceedings to determine the amount)

While the Court did say LGC may set its reserves (and not the hearing officer), it cautioned LGC that it may not return to its prior unlawful method of hoarding massive wealth (in case of a pandemic!), but must return ALL excess funds to its members.

While it took nearly 10 years to get here, looks like mission accomplished. But, we'll see.

SEA reaches big settlements in two major cases!

(September 16, 2014)

NH Supreme Court rules that public employee retirement statute does not create enforceable contract rights.

(January 16, 2015)

The ruling is out and it rejects the notion that RSA 100-A establishes Constitutionally protected contract rights to a public employee pension benefit. The ruling is here. More to follow.