Court Won't Set Aside Labor Board Decision

The state Supreme Court won't set aside the state Public Employee Labor Relations Board finding that North Hampton engaged in unfair labor practices with the North Hampton Professional Fire Fighters.

The court opinion May 7 says the Town failed to demonstrate that "the PERLB made an erroneous ruling of law" in dealing with the Local 3211.

Read the Supreme Court ruling.

The PELRB found that "the Town committed an unfair labor practice on account of its unilateral adoption and establishment of a wage schedule and other conditions of employment for a firefighter EMT with a paramedic licensure level."

On its appeal, the Town of North Hampton argued the PELRB erred in:

"(1) finding that the Town was required to bargain over its paramedic program when the adoption of that program was within the Town’s “managerial prerogative”; (2) finding that the Town had previously created a paramedic program; (3) finding that the Town was required to bargain over the wages, hours, and working conditions of a position before the parties agreed to, and the PELRB ordered, the inclusion of that position in a bargaining unit; and (4) finding, on insufficient evidence, that the Town violated its duty to bargain and/or was motivated by anti-union animus." 

The high court found that "the Town has failed to demonstrate that the PELRB made an erroneous ruling of law or to demonstrate, by a clear preponderance of the evidence, that its order is unjust or unreasonable."

The court also concluded that emergency medical technicians and EMT-paramedics were already in the bargaining unit, which was one of the issues challenged in connection with a paramedic program.