We'll move over here, archived 'whats new' stuff -- for the yearbook and time capsule.

Labor Joins Forces to Fend Off Pension Attack

June 3, 2008.   The Legislature passes HB1645, the so called 'omnibus retirement bill' that originally sought to gut the pension benefits public employees have earned. Due to the unprecedented joint efforts of public sector Unions through the New Hampshshire Retirement Security Coalition, the efforts of the Local Government Center were thwarted -- not because of union muscle, but because the Coalition succeeded in educating key legislators about what was real and what was mere party politics.  The Coalition, whose legal strategy was spearheaded by Attorneys Molan and Milner, fought back three major attacks : the effort to require Firefighters and Police to work longer for smaller pensions (we win!), the attempt to have labor thrown off the majority position of the Board of Trustees (we win!), and the bold attack to cap pensions by not including overtime and other monies earned by the employee (and money the employee paid 9.3% of into the system!)(we win!).  The Coalition also succeeded in preserving a COLA for current retirees.  But, as widely reported in the press, the LGC has already started the cry of "Wait until Next Year".  Labor certainly cannot sit back and wait.  For more, see our downloads page for documentaion including the final bill.

Governor signs evergreen bill.

July 15, 2008.  Today Governor Lynch signed into law the evergreen bill - HB1436.  From now own when a contract expires, public employers will no longer hold 'step increases' over the head of Union negotiators.  In an attempt to truly level the playing field when contract talks stall and the 'status quo' takes over, the legislature has weighed in and confirmed that the New Hampshire way is to allow step increases to continue until a successor contract is inked. Fairness wins for public employees --  Union legislative initiatives defeat the LGC (again)! Read more on our downloads page.

Retirement Bill May Have  "Unintended Consequences"

August 1, 2008.  While retirees, soon to be retirees, Cities and Towns, and the Retirement System itself continue to decipher the real effects of HB1645, the 'buzz' about the bill is all about section 33 or the 'AFC Spiking Charge' -- the assessment the System will now bill to employers "guilty" of "padding" the pensions of its public employees.  The original intent of section 33, expressed by many legislators during the HB1645 debates, was to have the employer who decides to allow "gaming" of the system to be charged for its cost.  However, the language of the bill (the proverbial, devil in the details) actually goes much futher and charges the employer for anything paid in excess of  "base pay" instead of a retiree's actual highest 3 years of pay (how did the LGC miss that?). This likely unintended consequence promises to give rise to further legislative action, 'manuevering' at reirement time and , perhaps, litigation. Be aware, this section is effective August 30th and effects only retirements under contracts effective after that date!  Questions? Contact us, we've been there at every step of the way and will continue to monitor and update.

LGC Information breach / arrest made

Sept. 5, 2008  A major breach of personal information belonging to 190,000 public workers occurred at the Local Government Center --the "union" most N.H. Cities and Towns belong to.  Even though the LGC said no breach ocurred, an LGC worker has been arrested.  Stay tuned for more.

NHRS will sue to test constitutionality of HB1516

September 11, 2008.   The New Hampshire Retirement System announced that it will go to court to challenge the constitutionality of the law passed last session which requires the NHRS to divest all money in its portflio that has a connection with the Sudan.  The issue is whether the Legislature has that power in light of Part 1, Art. 36-a of the NH Constitution which only permits the NHRS to direct its investments and only allows for divestement or diversions of pension assets for the sole purpose of providing benefits -- not for political reasons.  Relatedly, an assessment is ongoing as to whether certain portions of HB1645 (including the 250 million dollar transfer out of the Special Account) violate this same 36-a provision.  Stay tuned!

Congratulations to 'Superlawyer' Richard Molan.

November 6, 2008.  Once again we are pleased to announce that Attorney Molan has been named one of New England's top labor attorneys by SuperLawyer Magazine. Congratulations Richard!

Attorney Krupski completes Law Enforcement Labor Issues National training course - including vital updates on use of force issues.

November 14, 200. Jake is back from Vegas where he attended a National Seminar on Law Enforcement Labor Issues.  Put on by LRIS , the training uncluded vital updates on Internal Affairs matters and the use of deadly force.  Attorney Krupski counsels many law enforcement Unions and their members in New Hampshire.  Jake looks forward to putting these legal updates to good use on behalf of his law enforcement clients.

 Governor's  Budget address

November 21, 2008. The good news is that there are no layoffs suggested -- yet.  The value of having a Union and solid contract in place in troubled times cannot be understated. Read the Governor's address and the the executive orders on ordered cutbacks.  Executive Order 2008-10   Executive Order 2008-11

Welcome aboard New Hampshire Trooper's Association!

December 3, 2008. We are truly honored to have been asked to serve New Hampshire State Troopers as outside General Counsel.  The firm is eager to put our experience to work to defend and advance the legal rights of New Hampshire's Troopers.  We stand ready to earn the trust of your fine organization and look forward to a long and successful relationship.  Stay tuned for more as we continue to retool and update our services for the unionized law enforcement community.

Firefighters defeat LGC in right to know case (again)!

January 13, 2009 The Local Government's attempt to avoid the reach of our right to know law is defeated (again).  See our downloads page for the opinion.  More to follow, but this is a major victory for NH public employees who simply want to see where why and how their health inurance premiums are actually being spent. Anything else you want to know about the NHMA?  Just ask!  Also, stay tuned to our legislative alert page as we track HB53 which may have the unintended consequence of overturning these well reasoned Court opinions! (NPR coverage here).(Monitor coverage here).(Telegraph coverage here).

SEA wins at Supreme Court!

January 14, 2009. The SEA has successfully overturned a decision of the PELRB that would have had dramatic adverse consequences if allowed to stand.  Imagine having to have your new contract actually signed at a formal ceremony before it takes effect or face challenges from rival Unions - even when your contract is agreed upon and funded!  The decision  is key for pubilc sector Unions that now may actually rely upon New Hampshire contract law and existing statutes and not be subject the subjective beliefs of 'what is right' by the PELRB.  (Monitor coverage here).(Regional coverage here).

Attorney Milner to present at national conference.

January 23, 2009.  Once again, Attorney Glenn Milner has been asked to present at a seminar before a national gathering of attorneys who represent IAFF locals.  Mr. Milner will speak along with IAFF Legal Counsel Kurt Rumsfeld about the constitutional protections regarding privacy rights and employer provided computers, emails and text messages.

Federal Stimulus Plan agreed upon

February 12, 2009 This massive legislative proposal is all but a done deal ,Congress is poised to pass the bill.  What does it mean for New Hampshire's public sector labor community ?  Not only a jumpstart to our economy (hopefully) but the package includes 8.8 billion dollars earmarked for local communities to address public safety needs, expanded health insurance and unemployment benefits to those facing layoffs, and a waiver of the matching fund requirement for SAFER grants.  See the IAFF new release for more.

Governor delivers budget proposal.

February 12, 2009. The Governor's plan to balance the State budget was delivered today to the NH Legislature.  As the proposal includes cuts in State appropriations to local Cities and Towns, this will not only affect our hard working State Employees and State Troopers, but also all public sector employees - especially, Police, Fire and Municipal Workers. The plan includes :

*  Lay offs (up to 300 jobs, most at HHS and corrections)

*  Eliminating bumping rights

*  merging all statewide law enforcement

*  closing the Tobey school (50 jobs)

*  closing Lakes Region correctional site (90 jobs)

*  reducing retirement contributions for municipal employees by 5%

*  increasing health insurance co pays 

Now the proposal goes before the legislature , much work to do over the next few months !

Manchester mayor proposes furloughs-- Not So Fast!

February 20, 2009. The mayor proposes  the furlough (or temporary lay off) of every City worker...  wait a minute, didn't the State try this only to lose at the Supreme Court ?  Hold on Mr. Mayor, this may cause more trouble than it's worth. Our lawyers were there then and will be there again.

How much is Retirement spending on efforts by Legislators to reduce benefits?

February 27, 2009. A fair question -- every time a request is made of the Retirement System for actuarial (or staff) assistance, it costs money.  We are digging into this, inquiries have been made. Stay tuned!

Attorney Molan resigns from PELRB

March 6, 2009.  With mixed emotions, for sure, Dick Molan sent his resignation letter to the Governor and Council today.  Attorney Molan has served on the PELRB as Labor's representative for more than 22 years with distinction and has guided with care the evolution of both  RSA 273-A (Dick helped write the original law) as well as the Labor Board itself.  From the kid on the Board under Chairman Ed (the "General") Haseltine to the sage veteran working alongside current Chairman Jack Buckley, Dick has seen it all over the years and will be missed by those fortunate enough to have appeared before him.  With the ('knock on wood') success of his current law firm and the concentration of his law practice on public sector labor law, Attorney Molan believes the interests of the labor movement and the PELRB are better served by exclusively assuming the role as advocate for the public sector labor community. 

Tax Caps in Trouble?

March 22, 2009 A superior court judge has ruled that the tax cap proposal in Concord is unconstitutional ! This is good news for the public sector labor community as tax caps are increasingly popular initiatives to take away the discretion of elected officials to do what's right in their communities. Read the decision here. This decision may serve to blunt the growing use of tax caps and existing tax cap communities like Derry, Nashua, Rochester, Laconia and Dover might well think of mounting a similar challenge. Stay tuned ! 

Boston Police Patrolman's Association win major overtime case ! (this could have ramifications in N.H.)

March 17, 2009 The Supreme Court in Massachusetts ruled yesterday that the City of Boston may owe unionized police officers hundreds of thousands of dollars in overtime pay.  The decision states that the City's unilateral decision to adopt certain pro-employer overtime provisions of the FLSA constitutes an unfair labor practice because of the Union's right under law to negotiate these terms and conditions of employment.  Read the decision here. Because unions in New Hampshire enjoy similar rights, this decision would be persuasive authority for the PELRB to rule against any New Hampshire City or Town that attempts to bypass the union and force FLSA type provisions upon its unionized work force.  Great outcome!

 Troopers win important PELRB case!

April 7, 2009 The State of New Hampshire committed an unfair labor practice, says the PELRB, in a case brought by the New Hampshire Troopers Association. This decision establishes the rule that it is illegal for a public employer to criticize an employee (or issue a negative evaluation) for conduct authorized by a collective bargaining agreement. In this case, Troopers were utilizing sick leave and call back rights under the contract but in a manner that, apparently, upset the boss.  Too bad! The case also reconfirms that where a contract and employer policies address an issue (like call backs), the contract controls, not the policies (here State administrative rules).  Nice win for our Troopers!

Increase in employee pension rates in the news!

April 19, 2009.  As reported here in the April 3 Legislative Alert, increasing the percentage by 2 points that public employees pay into the retirement system in order to reduce employer rates is not only an unfair tax , but it's illegal. This is confirmed by an opinion from the New Hampshire Attorney General's Office.  This story is picking up steam in the media and hopefully will sway the NH Senate to balk at this unlawful and unfair measure!  Read the Telegraph piece here.

NHTA wins major victory for State Troopers!

April 30 , 2009
Hot off the presses.  Read it here  (more details to follow)!

Unions reach accord in Manchester.

May 19, 2009. Ending weeks of negotiations, City police and fire Unions reached a tentative agreement that saves the City money in the short term, but raises wages significantly over the long term. Attorney Molan lead the effort on behalf of most of the Unions :"A good result that helps taxpayers during this economic crisis, but also a deserving recognition by the City of the hard working police and fire personnel" , he said.  Read the Union Leader coverage here. 

High Court strikes down state law shielding correction officers from prisoner suits.

May 27, 2009. In a case closely watched by the law enforcement community, the US Supreme Court yesterday held unconstitutional a state law that stripped its courts of jurisdiction to hear sec. 1983 / civil rights claims against correction officers.  Read the case here.

SEA wins back DOC employees!

May 27 2009.  The PELRB remand decision has just been released.  Read it here.  January 2008 election held unlawful. More to follow.

SEA wins important Superior Court case !

June 1, 2009. The Town of Hampton has decided to file all sorts of lawsuits in Superior Court against the bargaining units in Town for a variety of reasons - including a court challenge to the validity of an evergreen clause in the SEA's contract there.  Not so fast!  The PELRB has jurisdiction over these types of disputes not the trial courts where getting results is costly and can often take years. The Superior Court granted SEA's motion to dismiss settling this important jurisdictional question.  Read the motion to dismiss and the decision posted on our downloads  page.

Superior Court suspends Sudanese Investment Act -- NHRS wins injunction!

June 5, 2009. In a stunning rebuke to the Legislature's belief that they can run the Retirement System, the Superior Court has confirmed again that there is in place Constitutional constraints on legislative power regarding public employees and their retirement system.  In one of the first court rulings interpreting Article 36-a of the New Hampshire Constitution, Superior Court Judge Diane Nicolosi has ruled that the legislature overstepped its bounds by legislating how retirement funds should be invested.  This case may well have major implications on challenges now being considered by the New Hampshire Retirement Security Coalition relative to changes adopted by HB1645  and the current tinkerings under consideration this term.  For example, can the legislature create (and the Governor appoint members to) an Investment Committee?

Read the case here and stay tuned! See downloads page for more.

SEA wins majority support to organize over 300 Court System employees!

June 7, 2009 Last Friday the SEA  filed at the PELRB a WMA  petition with over 60% support of Court System employees currently unrepresented. The goal is to have this new unit certified in time to protect current benefits that have been threatened by provisions of HB2. The petition is here.  Union Leader coverage here. Monitor coverage here. For more on HB2 see our downloads  page.

SEA wins Group II certification for corrections'employees!

June 10, 2009. At long last, the efforts of the SEA , its field staff and legal team, has paid off -- 60 plus employees at the Department of Corrections will soon be included in NHRS Group II where they belong.  The State's Director of Personnel has certified these positions as Group II eligible and has requested that Retirement enroll them.  Read the details here.

Layoff Notices to issue Monday for State Corrections employees.

 June 13, 2009. Monday will be a tough day for as many as 70 or so Correction Officers , mostly those working in Laconia, as the State will issue layoff notices in connection with that closing facility. The silver lining is that the notices are offering full bumping and recall rights and help for health insurance costs for 6 months.  Most layoffs are to be effective July 3, 2009.  For more information and assistance to those affected officers and employees, please contact the SEA. 

 Superior Court ruling places budget in doubt.

June 26, 2009. A superior court judge has ruled that the Attorney General's office may not represent the Joint Underwriters Association regarding the lawsuit filed to block the Governor's attempt to grab 110 million dollars from the doctor's malpractice fund.  This is key as the ruling is based upon the conclusion that the JUA is not a government agency. Thus it appears a key component of the budget compromise just passed is doomed.  Speculation in Concord is that a legislative special session will be called if the court determines that the State cannot tap into that fund. Rulings in the case here  and here. Laconia Citizen article here. So, maybe the budget will move into 'extra innings' - stay tuned!

US Supreme Court sides with white firefighters in 'reverse discrimination' case.

June 29 2009. In the high Court's last day of the 2008 session, a much awaited ruling in a promotional / discrimination case was released. The Court ruled that the City of New Haven Conn. violated anti discrimination laws by throwing out the results of an exam because of a perceived , statistical disparity between the races of passing candidates.  The case is here .

 Coming to a NH Court near you?  Police and Fire employees file suit over retirement changes!

July 3, 2009 Claiming recent legislative initiatives have unlawfully changed  the rules of the game (sound familiar?), Police and Fire employees filed a lawsuit challenging the Constitutionality of those measures.  Read the complaint here.  The national firm of Stember Feinstein is co counsel on the case (sound familiar?)  Globe coverage here.  

SEA , State nearing a deal?

 July 15, 2009. The SEA  and State may be close to a contract - a pact aimed at avoiding hundreds of layoffs.  Attorney Molan is acting as a facilitator along with former labor commissioner Jim Casey.  Monitor Article here.  Talks will continue on tomorrow, stay tuned.

SEA / State announce agreement reached!

July 24, 2009  A joint statement was just released announcing that the SEA  and the State have reached a tentative agreement on a two-year contract that will help achieve the $25 million in personnel-related savings required by the state budget without any additional layoffs.

The major components of the agreement are:

• 18 furlough days over biennium, 12 of which shall come from state government shut-downs.  Shut-downs would be similar to state holidays, with essential health and public safety functions continuing. Instead of taking furloughs, employees who work at 24-hour operations will forego 18 days of holiday pay for this biennium.
• There will not be any additional layoffs of generally funded positions due to the fact that that SEA's share of the $25 million in personnel-related savings are achieved through the furlough program.  There will be no other layoffs other than those called for within the approved state budget, or necessary because of a reduction of federal funds or grants or closing of facilities or suspension of programs.
• Freeze on step increases in FY 2011. 
• Health plan changes, including wellness program and required mail-order refills for certain maintenance prescription drugs.
• Partial restoration of "bumping" for the biennium that limits it to one "bump" by limiting an employee with more than 10 years of service to bumping an employee with less than 10 years of service within a division.
• Lay-offs shall first apply to part-time workers within a facility or community where the layoffs are to occur.
• Employees receive 18 vacation days, spread over four years beginning in FY 2012.  The vacation days will not lapse but will have no cash value at retirement or termination.

Last night, SEA's Master Bargaining Team presented the tentative agreement proposal to the Collective Bargaining Senate. 

The Senate voted to authorize the Bargaining Team to prepare the language that would go into the Collective Bargaining Agreement, and then to send the formal language to union members for a vote. 

The contract ratification process may take several weeks to complete -- but if SEA members approve the agreement, the contract provisions will be retroactive to July 1st.

 A very tough negotiations and congratulations to the SEA bargaining team and Dennis Kinnan and Diana Lacey --great job!  Also, many thanks to Attorney Richard Molan for facilitating the agreement.

AG 's office releases updated Right to Know memo.

July 31, 2009 The Attorney General's office has released its long awaited updated memorandum on the Right to Know law, RSA 91-A.  The memo seeks to capture the changes made to 91-A in the last two legislative sessions as well as to review recent Court decisions.  Interestingly, the AG opines that HB53 - a bill retained by the House Judiciary Committee and opposed by labor groups (see the legislative alert page for more details) - is a good bill!  We need to watch this next session very closely.  Also, the AG's memo cites approvingly to cases , like the Firefighters' case against HealthTrust, that have expanded the law's reach.  This memo (available here) is a must read!

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