Sau 16 Collective Bargaining Agreement

The EEA accuses the School Board and SAU 16 of violating the Public Employees Labour Relations Act by disciplining Prior for union activity and violating its current collective agreement, disciplining them without physical cause and asking the PELRB to withdraw the disciplinary action. SAU 16 has asked PELRB to dismiss the complaint and asserts that it has no jurisdiction to rule on the alleged breach of contract. The agreement stipulates that, for the remainder of the school year, all employees of the tariff unit of the successor cooperation district are subject to the terms of the previously negotiated CBA. Legally, PELRB was wrong to exclude the nine and a half teachers from the CITIES of the AREA.   As we found in American Fed`n Local 298, some changes need to be made after a successor employer takes over the affairs of its predecessor.   See American Fed`n Local 298, 116 N.H. at 668, 366 A.2d at 877.   In this case, the admission of students from the 6th graders of the cities of the AREA by the transition from a secondary school to the secondary school is such a change.   On the basis of our revision of the protocol, this amendment was a condition, if not the underlying motivation, for the approval of the co-operative district.   Therefore, the collective agreement unit must be expanded to nine and a half additional teachers.   However, this minor amendment will not substantially alter the agreement.  Id. at 668, 366 A.2d at 877.

The cities of Brentwood, East Kingston, Kensington, Newfields and Stratham (IDC cities) sent their students to the Exeter School District for classes 7 to 12, in accordance with the Area Agreements for classes 7 to 12.   195-A (1989).   Pupils in Grades 7 and 8 attended Exeter AREA High School, while students in grades 9 to 12 attended Exeter AREA High School. The petitioner, SAU No. 16 Cooperative School Board (Cooperative Board), is appealing the decision of the New Hampshire Public Employee Labor Board (PELRB), which found that the newly formed Exeter Regional Cooperative School District is linked to the existing collective agreement (CBA) between the Exeter School Board and the Exeter Education Association (EEA).   We partially confirm and vice versa.  It is clear that voters in the cities of AREA were informed during the vote on the transformation of the AREA agreements into a cooperative district of the magnitude of the financial burden associated with the cost of education under the DEA agreements.   Prior to the cooperation agreement, all TOWNS in AREA paid for courses at the Exeter School District to train their students in high school and high school students.

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