Section Pub 302.05 - Modification of Bargaining Units(a) Where the circumstances surrounding the formation of an existing bargaining unit are alleged to have changed, or where a prior unit recognized under the provisions of RSA 273-A:1 is alleged to be incorrect to the degree of warranting modification in the composition of the bargaining unit, the public employer, or the exclusive representative, or other employee organization if the provisions of section (d) are met, may complete and file Form P-4 "Petition for Modification," dated 9-15-16.(b) A petition shall be denied if: (1) The question is a matter amenable to settlement through the election process; or(2) The petition attempts to modify the composition of a bargaining unit negotiated by the parties and the circumstances alleged to have changed, actually changed prior to negotiations on the collective bargaining agreement presently in force.(c) The petition shall set out the same categories of information, including the present bargaining unit positions, which are required of a petition filed under Pub 301.01 except no showing of interest shall be required to accompany a petition filed under this section. The petition shall set out a clear and concise statement of the circumstances prompting the filing of the petition.(d) An employee organization, other than the exclusive representative, may file a petition for modification only during time periods or under conditions when it would be entitled by statute or these rules to petition for an election to be certified as the exclusive representative. At other times, only the employer or exclusive representative may file a petition for modification of a bargaining unit.N.H. Admin. Code § Pub 302.05
#2325, eff 3-28-83; ss by #3019, eff 5-14-85; ss by #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.