PELRB Issues Decision in Favor of Auburn

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The NH Public Employee Labor Relations Board (PELRB) issued a decision on June 19th which dismissed an unfair labor practice complaint against the Town of Auburn and the Police Commission filed in October 2016 by the Auburn Police Union.

The complaint focused on the Commission's decision to hire an independent firm to investigate a police misconduct complaint.  The Union complained the action was contrary to the general operating policy of the police department and was subject to mandatory bargaining.

In its response, the Town stressed the decision to hire a third-party investigator is within the Police Commission's exclusive managerial prerogative and is not a mandatory subject of bargaining.

Both sides agreed to waive a formal hearing on the complaint and submit the case for decision on written briefs based on a jointly presented a stipulation of facts.  These documents were submitted in February 2017.

The decision summary unanimously approved by the three-member PELRB states: "The Commission was not obligated to negotiate the selection of a third party consultant like Tideview as charged by the Union, nor was the Commission obligated to impact bargain with the Union over its decision in the circumstances of this case.  The Union's complaint is dismissed."

Click here for a copy of the full PERLB decision issued on June 19th in Case No. G-0195-3, Decision No. 2017-103.