N.H. Admin. Code § Pub 301.04

Current through Register No. 50, December 12, 2024
Section Pub 301.04 - Merger or Affiliation of Existing Exclusive Representative
(a) In the event of the merger or affiliation of the existing exclusive representative with any other national, regional, state, or local organization or the removal of any such exclusive representative from affiliation with any such organization, the board shall duly note the status and identity without the requirement of a new election if all of the following conditions are met:
(1) The internal rules of the exclusive representative as to the approval of the affiliation or disaffiliation have been followed;
(2) The employees in the bargaining unit have been provided 14-day written notice by regular mail or other such opportunity intended to inform of the proposed change in status or organizational form through affiliation or disaffiliation and have had the opportunity for input into that decision whether by direct vote or vote of their representative; and
(3) The local organization did not change materially from that selected as the exclusive representative.
(b) If the board finds that there has been a material change in the local organization or that any of the conditions set forth in (a) above have not been met, the board shall require an election to determine the wishes of the members of the bargaining unit before the change shall be recognized, regardless of the status of any contract which may be in effect. The validity of any such contract shall not be affected by any such inquiry or vote.
(c) In the event an employee organization is dissolved, voluntarily surrenders its certification, loses a certification election, or is decertified, its representation as exclusive representative shall be withdrawn by the board as contemplated by RSA 273-A:10, VI(a).

N.H. Admin. Code § Pub 301.04

#2325, eff 3-28-83; ss by #3019, eff 5-14-85; EXPIRED: 5-14-91

New. #5679, eff 8-4-93, 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. #9114, INTERIM, eff 3-27-08, EXPIRED: 9-23-08

New. #9441-B, eff 3-27-09

Amended by Volume XXXVII Number 41, Filed October 12, 2017, Proposed by #12378-B, Effective 9/13/2017, Expires 9/13/2027.