Section Pub 201.02 - Unfair Labor Practice Complaints(a) Complaints may be filed at any time within 6 months of the alleged violation. Complaints shall be signed by the complainant and sworn to before a person authorized to administer oaths. The board shall receive the filing fee required by law before a complaint is deemed filed. All complaints shall be filed in accordance with the document filing procedures set forth in Pub 201.01.(b) The complaint shall set out: (1) The name, address, telephone number, e-mail address, title, and affiliation of the party filing the complaint;(2) The name, address, telephone number, e-mail address, title, and affiliation of the party against whom the complaint is filed;(3) The name, address, telephone number, and e-mail address of the affected employer, if not otherwise named as a party to the complaint;(4) A clear and concise statement of the facts giving rise to the complaint, including the date, time, and place of the occurrence, and the names of all persons involved in or witnessing the occurrence, characterizing each particular act in terms of the specific provision(s) of RSA 273-A:5 or RSA 273-A:6 alleged to have been violated; and(5) As to alleged violations of RSA 273-A:5 (c) or (d), I, a statement setting out whether the administrative remedies provided by statutes other than RSA 273-A have been exhausted.(c) This information shall be provided on the board's Form U-1 "Unfair Labor Practice Complaint," dated 9-15-16.(d) The complaint shall be accompanied by: (1) An electronic copy of the current or other applicable collective bargaining agreement; or(2) A copy of the letter of transmittal stating that the same has been placed on file with the board in accordance with RSA 273-A:16 or RSA 273-C:14.(e) At the time the complainant files a complaint, the complainant shall certify, by signing in the Certificate of Service section of the Form U-1 "Unfair Labor Practice Complaint," dated 9-15-16, that a copy has been delivered by electronic mail, if available, and by regular mail or hand delivery to all parties named in the complaint and, if no public employer is named in the complaint, to the public employer whose employees might be directly affected by the board's disposition of the complaint. The complainant shall contact the parties and involved public employer to obtain electronic and regular mail address information and shall certify in its complaint that it has done so.(f) A public employer shall post and display copies of any complaint filed by it or against it or delivered to it at locations where such employees who might be directly affected by the board's disposition of the complaint work not later than the date on which it files its answer with the board or on which it receives the answer of the charged party, or not later than 15 days after the receipt of the complaint if no answer to the complaint is to be filed. A public employer shall file with the board a verification of posting using board Form C-1 "Certificate of Posting," dated 9-15-16, not later than 3 business days after posting.(g) The complainant shall reference and describe in the complaint all relevant documents, but shall not attach to or include with the complaint documents except as provided in part (d) above. Any and all documents the complainant or other parties to the proceeding wish to present to the board shall be identified and listed on exhibit lists as required elsewhere under these rules and shall be offered, if at all, as exhibits at hearing except to the extent otherwise ordered by the board.(h) If a complaint is alleged to be deficient for lack of one or more of the criterion of (b), the complainant may move to amend that complaint to correct the deficiency. The motion to amend shall be granted in the interest of administrative economy in order to avoid duplicative proceedings.N.H. Admin. Code § Pub 201.02
#2325, eff 3-28-83; ss by #3019, eff 5-14-85; EXPIRED: 5-14-91 (see Pub 201.03)
New. #5679, eff 8-4-93 (from Pub 201.01) , EXPIRED: 8-4-99
New. #7093, INTERIM, eff 9-9-99, EXPIRES: 1-7-00; ss by #7187, eff 1-8-00, EXPIRED: 1-8-08
New. #9081-B, eff 1-29-08; ss by #9441-B, eff 3-27-09
Amended by Volume XXXVII Number 41, Filed October 12, 2017, Proposed by #12378-A, Effective 9/13/2017.