C. The foregoing Management Rights are set out for purposes of illustration and not limitation; the
Commission retains all such rights, powers, and authority not otherwise specifically relinquished,
restricted, or modified by the terms of this Agreement, whether exercised or not.
ARTICLE 9: UNFAIR LABOR PRACTICES & STRIKES PROHIBITED
A. Unfair Labor Practices: It is agreed that the exclusive representative of the bargaining unit will
not:
1.
oa nS
Restrain, coerce, or otherwise interfere with employees in the exercise of their rights under
Chapter 273-A;
Restrain, coerce, or otherwise interfere with the Commission in its selection of agents to
represent it in collective bargaining negotiations or the settlement of grievances;
Cause or attempt to cause the Commission or the Department to discriminate against an
employee in violation of RSA 273-A:5, | (c), or to discriminate against any employee whose
membership in the bargaining unit has been denied or terminated for reasons other than failure
to pay membership dues;
Refuse to negotiate in good faith with the Commission;
Engage in a strike or other form of job action;
Breach a collective bargaining agreement;
Fail to comply with Chapter 273-A or any rule adopted under that Chapter.
The Union shall not instigate, sponsor, or encourage any activity or action in contravention of
the provisions or intent of this Article.
B. Strikes Prohibited:
1.
Strikes and other forms of job action by employees are hereby declared to be unlawtul. No
employee shall, alone or in concert, engage in, initiate, sponsor, support or direct a strike, work
stoppage, or refuse in the course of employment to perform assigned duties; or withhold, curtail
or restrict services or otherwise interfere with the operations of the Department or encourage
others to do so; or engage, or participate in any other form of job action.
The Commission or the Department shall be entitled to petition the superior court for a
temporary restraining order, pending a final order of the PELRB under RSA 273-A:6 for a strike
or other form of job action in violation of the provisions of Chapter 273 and may be awarded
costs and reasonable legal fees at the discretion of the court.
ARTICLE 10: COLLECTIVE BARGAINING MEETINGS AND CONTRACTS
The Department shall give representatives of the bargaining unit a reasonable opportunity to meet with the
employer or the employer’s representatives during working hours without loss of compensation or benefits
[RSA 273-A:11, II]. However, so as not to interfere with an employee's job responsibilities that are crucial
to critical Department operations, the following restrictions will apply unless otherwise instructed by the
Chief of Police or the Deputy Chief of Operations. Previously scheduled negotiations sessions may need
to be rescheduled due to a specific situation.
