Section Pub 305.03 - Notice of Impasse; Timetable for Mediation and Fact-Finding(a) If the parties to a labor dispute have not reached agreement on a contract within 90 days prior to the public employer's budget submission date, the parties shall so inform the board. Unless the parties have chosen a mediator, they shall petition the board to appoint a mediator to be available to begin mediation 60 days prior to the public employer's budget submission date. Mediation shall continue as long as the board determines mediation is necessary considering the likelihood of resolution. The board shall replace a mediator with another chosen by the parties or, failing agreement, appointed by the board whenever it determines this to be in the public interest.(b) By example but not limitation, a mediator shall be assigned by the board: (1) When time is of the essence because of the proximity of the budget submission date; or(2) To avoid one party or the other stalling the process by refusing to choose a mediator.(c) If mediation does not result in agreement within 50 days prior to the public employer's budget submission date, the parties shall so inform the board. Unless the parties have chosen a fact-finder, they shall petition the board to appoint one to be available to begin fact-finding 45 days prior to the public employer's budget submission date. The fact-finder shall make and report findings of fact to the parties and to the board, together with recommendations for resolving each of the issues remaining in dispute, within 30 days of appointment unless the board otherwise directs. The parties shall notify the board of their acceptance or rejection of the fact-finder's report within 10 days after the report is filed.(d) When it appears that extension might result in resolution of negotiations, the board shall permit mediation to extend beyond the public employer's budget submission date and, when it appears that late submission will be productive of a settlement, interim or permanent, the board shall permit the fact-finder to submit his report after the public employer's budget submission date.(e) No party and no person acting on behalf of a party shall make public any of the findings or recommendations contained in the fact-finder's report while the parties are considering the report. Publication of a fact-finder's report before the parties have considered it for 10 days shall be treated as an unfair labor practice under RSA 273-A:5, I(e) and II(d) as well as a violation of RSA 273-A:12, for which the board shall grant appropriate relief.(f) The parties shall inform the board whenever they shall have ceased negotiating, giving their reasons for having ceased negotiations, and they shall likewise inform the board when negotiations are reopened.N.H. Admin. Code § Pub 305.03
#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.