Section Pub 305.01 - Request for Intervention(a) The parties to a labor dispute arising under RSA 273-A may request the board to mediate or to undertake fact-finding under RSA 273-A:12, I at any time.(b) Unless the request is made within 60 days of the public employer's budget submission date, the board shall refuse such intervention until it determines, based on the subjects being negotiated, the number of times the parties have met to negotiate, the duration of negotiation sessions, and the areas of disagreement, that a reasonable period of negotiation has elapsed. The board shall intervene itself, or through a neutral third party appointed by the board. Before appointing any neutral party to act on its behalf under this rule, the board shall first attempt to have a neutral party chosen by the parties to the dispute.(c) Persons seeking inclusion on the list of neutrals maintained by the board under RSA 273-A:2, V shall file with the board an application consisting of the following: (1) A curriculum vitae inclusive of a list and description of their education, credentials, training, experience, and fee schedule;(2) A list of their bargaining impasse mediations, bargaining impasse fact findings, and arbitration cases over the prior 18 months, including the date, the name of the parties and their representatives, a brief description of the result, and a copy of any recommendation-award-decision if applicable and available; and(3) Three references, one each from a management representative, a labor representative, and a professional peer who are each familiar with the applicant's work.(d) The board shall approve applications which the board finds demonstrate proficiency and competency in the areas of public sector bargaining impasse mediation, bargaining impasse fact-finding, or grievance arbitration. The board shall make this determination based upon the applicant's length and breadth of experience in bargaining impasse mediation, bargaining impasse fact-finding, and grievance arbitration in the field of public sector labor relations, and other factors, such as professionalism, an ability to assist parties dealing with complex legal and factual issues, an ability to manage difficult parties, strong communication and writing skills, and references.N.H. Admin. Code § Pub 305.01
#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.