reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XXII - Navigation; Harbors; Coast Survey › Chapter 271 - Pilots, Harbor Masters, and Public Waters › Section 271:10 - to 271:12 Repealed by 1957, 262:3, eff. Sept. 1, 1957.

271:10 to 271:12 Repealed by 1957, 262:3, eff. Sept. 1, 1957. –
2023 New Hampshire Revised Statutes › Title XXII - Navigation; Harbors; Coast Survey › Chapter 271 - Pilots, Harbor Masters, and Public Waters › Section 271:13 - to 271:15 Repealed by 1957, 262:3, eff. Sept. 1, 1957.

271:13 to 271:15 Repealed by 1957, 262:3, eff. Sept. 1, 1957. –
2023 New Hampshire Revised Statutes › Title XXII - Navigation; Harbors; Coast Survey › Chapter 271 - Pilots, Harbor Masters, and Public Waters › Section 271:16 - Repealed by 1957, 262:3, eff. Sept. 1, 1957.

271:16 Repealed by 1957, 262:3, eff. Sept. 1, 1957. –
2023 New Hampshire Revised Statutes › Title XXII - Navigation; Harbors; Coast Survey › Chapter 271 - Pilots, Harbor Masters, and Public Waters › Section 271:17 - Markers Required.

271:17 Markers Required. –
Any person or corporation harvesting ice upon any of the public waters of this state shall, at the beginning of harvest, indicate with suitable markers the area from which ice is to be taken, and shall maintain such markers as long as any danger exists.
Source.
1917, 125:1. PL 152:13. RL 182:14.
2023 New Hampshire Revised Statutes › Title XXII - Navigation; Harbors; Coast Survey › Chapter 271 - Pilots, Harbor Masters, and Public Waters › Section 271:18 - Penalty.

271:18 Penalty. –
Whoever violates the provisions of RSA 271:17 shall be guilty of a misdemeanor.
Source.
1917, 125:3. PL 152:14. RL 182:15. RSA 271:18. 1973, 528:161, eff. Oct. 31, 1973 at 11:59 p.m.
2023 New Hampshire Revised Statutes › Title XXII - Navigation; Harbors; Coast Survey › Chapter 271 - Pilots, Harbor Masters, and Public Waters › Section 271:19 - Exception.

271:19 Exception. –
This subdivision shall not apply to ponds closed, or areas set off, by order of the director of the fish and game department under authority of RSA 206.
Source.
1917, 125:2. PL 152:15. RL 182:16.
2023 New Hampshire Revised Statutes › Title XXII - Navigation; Harbors; Coast Survey › Chapter 271 - Pilots, Harbor Masters, and Public Waters › Section 271:20 - State Water Jurisdiction; Published List of Public Waters; Rulemaking.

271:20 State Water Jurisdiction;  Published List of Public Waters;  Rulemaking. –
I. All natural bodies of fresh water situated entirely in the state having an area of 10 acres or more are state-owned public waters, and are held in trust by the state for public use; and no corporation or individual shall have or exercise in any such body of water any rights or privileges not common to all citizens of this state; provided, however, the state retains its existing jurisdiction over those bodies of water located on the borders of the state over which it has exercised such jurisdiction.
II. The department of environmental services shall prepare, maintain, and publish an official list of all public waters in the state. The commissioner of the department of environmental services shall adopt rules, pursuant to RSA 541-A, relative to this publication.
III. The general court finds, based on all available information, that the natural mean high water mark of Ossipee Lake is 407.25 feet above mean sea level.
Source.
1901, 9:2. PL 152:16. RL 182:17. RSA 271:20. 1977, 24:2. 1990, 177:2, eff. June 26, 1990. 2011, 95:1, eff. July 26, 2011.
2023 New Hampshire Revised Statutes › Title XXII - Navigation; Harbors; Coast Survey › Chapter 271 - Pilots, Harbor Masters, and Public Waters › Section 271:20-a - Definition of Public Access.

271:20-a Definition of Public Access. –
I. Public access to public waters means legal passage to any of the public waters of the state by way of designated contiguous land owned or controlled by a state agency, assuring that all members of the public shall have access to and use of the public waters for recreational purposes.
II. Public access also means that no barriers or other impediments shall exist in the roads and ways leading to any of the public waters.
Source.
1990, 177:1, eff. June 26, 1990.
2023 New Hampshire Revised Statutes › Title XXII - Navigation; Harbors; Coast Survey › Chapter 271 - Pilots, Harbor Masters, and Public Waters › Section 271:20-b - Frozen Surface of Public Waters.

271:20-b Frozen Surface of Public Waters. –
The local governing body of a municipality may post warnings for the use of any frozen surface of any public body of water within its boundaries in the interest of public safety.
Source.
1993, 63:1, eff. June 15, 1993.
2023 New Hampshire Revised Statutes › Title XXII - Navigation; Harbors; Coast Survey › Chapter 271 - Pilots, Harbor Masters, and Public Waters › Section 271:21 - Repealed by 1977, 24:3, eff. May 28, 1977.

271:21 Repealed by 1977, 24:3, eff. May 28, 1977. –
2023 New Hampshire Revised Statutes › Title XXII - Navigation; Harbors; Coast Survey › Chapter 272 - Coast Survey › Section 272:1 - Entry on Land.

272:1 Entry on Land. –
Any person employed under an act of the Congress of the United States, passed February tenth, 1807, and the supplements thereto, may enter upon lands within this state for the purpose of exploring, surveying, triangulating, leveling or doing any other act which may be necessary to effect the objects of such acts, and may erect any works, buildings, stations, or appendages requisite for that purpose, doing no unnecessary damage thereby.
Source.
1846, 337:1. CS 146:1. GS 132:1. GL 146:1. PS 1:6. PL 1:6. RL 2:1.
2023 New Hampshire Revised Statutes › Title XXII - Navigation; Harbors; Coast Survey › Chapter 272 - Coast Survey › Section 272:2 - Assessment of Damages.

272:2 Assessment of Damages. –
If the parties interested cannot agree upon the amount to be paid for the damages caused by doing any of the acts aforesaid either of them may petition the superior court for the county in which the land entered upon is situate for an assessment of the damages, and the court shall thereupon assess them by a jury or other method, as the parties may agree.
Source.
1846, 337:2. CS 146:2. GS 132:2. GL 146:2. PS 1:7. PL 1:7. RL 2:2.
2023 New Hampshire Revised Statutes › Title XXII - Navigation; Harbors; Coast Survey › Chapter 272 - Coast Survey › Section 272:3 - Tender.

272:3 Tender. –
The person so entering upon land as aforesaid may tender to the party injured sufficient amends therefor, and, if the damages finally assessed do not exceed the amount so tendered, the person so entering shall recover his costs; and in all other cases the party injured shall recover his costs.
Source.
1846, 337:3. CS 146:3. GS 132:3. GL 146:3. PS 1:8. PL 1:8. RL 2:3.
2023 New Hampshire Revised Statutes › Title XXII - Navigation; Harbors; Coast Survey › Chapter 272 - Coast Survey › Section 272:4 - Property of Survey Protected.

272:4 Property of Survey Protected. –
If any person shall wilfully deface, injure, or remove any signals, monuments, buildings, or any appendage thereto, used or constructed under and by virtue of the acts of Congress aforesaid, he shall be fined $50 and shall also be liable for all damages sustained by the United States.
Source.
1846, 337:4. CS 146:4. GS 132:4. GL 146:4. PS 1:9. PL 1:9. RL 2:4.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 273 - Department of Labor › Section 273:1 - Department; Commissioner.

273:1 Department;  Commissioner. –
There shall be a department of labor under the executive direction of a labor commissioner who shall be appointed by the governor, with the advice and consent of the council. Subject to the state personnel regulations, and within the limits of available appropriations and funds, the labor commissioner shall employ such clerks and assistants as may be necessary for the performance of the duties of the department, except for the division of employment security.
Source.
1911, 198:1. PL 174:1. RL 210:1. 1950, 5, part 18:1, eff. June 30, 1950.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 273 - Department of Labor › Section 273:1-a - Budget and Accounting.

273:1-a Budget and Accounting. –
The department of labor shall budget and account for its operations through restricted funds rather than through the general fund; said restricted funds to be funded through all fees, licenses, certificates, and civil penalties of the department of labor, as well as existing assessment procedures.
Source.
2011, 224:51, eff. July 1, 2011.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 273 - Department of Labor › Section 273:1-b - Restricted Fund.

273:1-b Restricted Fund. –
There is hereby established in the state treasury a department of labor restricted fund for the sole purpose of paying costs of operating the department of labor other than workers' compensation. All moneys in the restricted fund shall be continually appropriated to the department of labor. The commissioner shall administer the fund, and the state treasurer shall be the custodian of the fund. All moneys in the fund in excess of amounts used by the department for authorized personnel expenses, administrative costs, and other related costs for the operation of the department, shall be transferred on June 30 of each year to the general fund. The existence and operation of this restricted fund shall not affect the continued existence and operation of the administration fund established by RSA 281-A:59.
Source.
2011, 224:51, eff. July 1, 2011.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 273 - Department of Labor › Section 273:2 - Term of Commissioner; Removal.

273:2 Term of Commissioner;  Removal. –
The commissioner shall hold office for 3 years from the date of appointment and may be removed for cause by the governor, with the advice and consent of the council.
Source.
1911, 198:1. PL 174:2. RL 210:2. 2007, 156:7, eff. Aug. 17, 2007.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 273 - Department of Labor › Section 273:3 - Vacancy.

273:3 Vacancy. –
Any vacancy existing in the office of commissioner shall be filled for the unexpired term by the governor, with the advice and consent of the council.
Source.
1911, 198:1. PL 174:3. RL 210:3.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 273 - Department of Labor › Section 273:4 - Salary; Expenses.

273:4 Salary;  Expenses. –
The salary of the commissioner shall be that prescribed by RSA 94:1-4, and his actual expenses incurred in the work of his office shall be paid on duly detailed vouchers approved by the governor.
Source.
1911, 198:1. 1925, 174:14. PL 174:4. 1939, 205:1. RL 210:4. 1953, 265:1, eff. July 1, 1953.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 273 - Department of Labor › Section 273:4-a - Division of Workers' Compensation.

273:4-a Division of Workers' Compensation. –
I. There is hereby established within the department of labor the division of workers' compensation under the supervision of a classified director of workers' compensation who shall be under the direction of the commissioner. The director shall perform such duties as are assigned by the commissioner.
II. The division shall conduct annual reviews of the job descriptions of its employees and the qualifications for such descriptions to assure that the job descriptions are followed and the qualifications are met.
III. There is hereby created the classified position of assistant director of workers' compensation who shall be under the direction of the commissioner. The assistant director of workers' compensation shall perform such duties as may be assigned by the commissioner, including, but not limited to, such duties as are necessary to carry out the responsibilities of the commissioner under RSA 281-A:5 through 281-A:5-c and 281-A:11, or the regulation of public employer self-insured workers' compensation programs under RSA 5-B.
Source.
1990, 254:1. 1992, 43:2, eff. June 8, 1992.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 273 - Department of Labor › Section 273:4-b - Internal Organization.

273:4-b Internal Organization. –
The division of workers' compensation shall include the following internal organization units:
I. The bureau of rehabilitation management coordination.
II. The bureau of case dispute resolution coordination.
III. The bureau of hearing officers.
IV. The bureau of statistical analysis and audit.
Source.
1990, 254:1, eff. July 1, 1990.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 273 - Department of Labor › Section 273:5 - Records.

273:5 Records. –
I. The records of the department of labor shall be public records open to the inspection of any person interested.
II. [Repealed.]
Source.
1911, 198:1. PL 174:6. RL 210:6. 1950, 5, part 18:1. 2004, 223:1. 2005, 278:4, eff. Sept. 20, 2005.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 273 - Department of Labor › Section 273:6 - Disposal of Papers.

273:6 Disposal of Papers. –
The commissioner may periodically destroy pursuant to RSA 8-B reports, records and other documents which are, in his opinion, no longer of any value to the state.
Source.
1945, 51:1. RSA 273:6. 1977, 125:1, eff. Aug. 1, 1977.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 273 - Department of Labor › Section 273:7 - Deputy Commissioner.

273:7 Deputy Commissioner. –
The commissioner shall appoint a deputy labor commissioner. Said deputy shall exercise the powers and perform the duties of the commissioner whenever the labor commissioner is incapacitated, absent, unable to act from any cause, or whenever the commissioner deems it advisable and in the interest of all parties concerned. Whenever there is a vacancy in the office of labor commissioner the deputy shall have the powers and duties of the commissioner until another commissioner is appointed and qualified.
Source.
1893, 48:4. PL 174:7. RL 210:7. RSA 273:7. 1955, 323:2. 1959, 202:1, eff. Sept. 21, 1959.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 273 - Department of Labor › Section 273:8 - Compensation.

273:8 Compensation. –
The salary of the deputy labor commissioner shall be that as fixed by RSA 94:1.
Source.
1893, 48:4. PL 174:8. RL 210:8. RSA 273:8. 1955, 323:2, eff. Aug. 5, 1955.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 273 - Department of Labor › Section 273:9 - Inspections.

273:9 Inspections. –
The commissioner shall, at such times as he shall deem it necessary, and without notice, visit the manufacturing, mechanical and mercantile establishments in the state, so far as practicable, for the purpose of ascertaining whether the laws with reference to employment are complied with, and for the further purpose of ascertaining if reasonable sanitary and hygienic conditions are maintained, calculated to promote the health and welfare of the working people.
Source.
1911, 198:2. PL 174:9. RL 210:9.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 273 - Department of Labor › Section 273:9-a - Proportionality of Inspections.

273:9-a Proportionality of Inspections. –
All inspections performed by the commissioner shall be proportional and relative to the potential violations being inspected. "Proportional" in this section shall be determined with reference to the importance of the issues at stake in the inspection, the degree to which the alleged violation involves risk of physical injury, the potential for lost wages, the amount in controversy, the parties' relative access to relevant information, and the parties' resources.
Source.
2018, 312:1, eff. June 25, 2018.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 273 - Department of Labor › Section 273:10 - Reports.

273:10 Reports. –
He shall transmit to the legislature a report upon these matters when he shall deem the occasion of sufficient importance, with such recommendations as he shall think advisable. He shall biennially make a report of the proceedings of the department of labor to the governor and council, containing the transactions of the office and such other matters and recommendations as he shall deem proper.
Source.
1911, 198:2, 9. 1913, 186:1. PL 174:10. RL 210:10. 1950, 5, part 18:1. RSA 273:10. 1973, 140:49, eff. Jan. 1, 1974.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 273 - Department of Labor › Section 273:11 - Prosecutions; Injunctions.

273:11 Prosecutions;  Injunctions. –
Whenever the commissioner deems it necessary, the commissioner may investigate and may prosecute any offenses against the laws under the commissioner's jurisdiction. The commissioner may, with the consent of the attorney general, proceed in superior court or other court of competent jurisdiction to restrain by temporary or permanent injunctive relief an employer or owner subject to the laws administered by the department from conducting business at the affected facility. The temporary or permanent injunctive relief shall be effective for so long as issued following a hearing held pursuant to RSA 541-A under any provisions of title XII, title XXIII, or any provisions of this chapter. No ex parte order shall be issued under this section.
Source.
1911, 198:2. PL 174:11. RL 210:11. RSA 273:11. 1996, 34:3, eff. June 23, 1996.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 273 - Department of Labor › Section 273:11-a - Civil Penalties.

273:11-a Civil Penalties. –
I.
In addition to any criminal penalty provided under this title, the commissioner may, after hearing, impose a civil penalty not to exceed $2,500, as determined by the commissioner, for any violation of the provisions of, or any rule adopted pursuant to, this title, except RSA 273-A, RSA 273-C, and RSA 282-A. All moneys collected under this section shall be deposited into the department of labor restricted fund established in RSA 273:1-b.
II. Except as provided in paragraph III, the commissioner shall issue one written warning to the employer. The employer shall have 30 days from receipt of the warning to cure the defect causing the violation.
III. No warning shall be issued if, in the opinion of the commissioner, the employer intends to cause harm, the violation poses a threat to public safety, or the violation involves any of the following:
(a) Failure to pay an employee in full and on time under RSA 275:43.
(b) Payment of wages by checks on a financial institution that is not convenient to the place of employment as required by RSA 275:43, I(e).
(c) Failure to pay final wages in full as required by RSA 275:44.
(d) Failure to pay amounts withheld for court ordered child support to the custodial parent.
(e) Continuation of wage withholding for insurance benefits that have been cancelled.
(f) Illegal withholding of wages to compensate employer for employee actions resulting in loss or damage.
(g) Failure to comply with RSA 275-A:4-a regarding undocumented workers.
(h) Requiring that employees to perform any illegal activities under threat of job loss.
IV. Any person on whom a penalty is imposed under this section may appeal as provided in RSA 273:11-c and 273:11-d.
V. The commissioner shall adopt rules, pursuant to RSA 541-A, relative to the conduct of hearings under paragraph IV.
Source.
1983, 389:1. 1996, 34:1. 2005, 177:101, eff. July 1, 2005; 241:5, eff. Jan. 1, 2006. 2011, 182:1, eff. Aug. 13, 2011; 224:53, eff. July 1, 2011. 2014, 49:1, eff. July 26, 2014; 123:2, eff. Aug. 15, 2014. 2023, 79:89, eff. July 1, 2023.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 273 - Department of Labor › Section 273:11-b - Penalty Appeal Board.

273:11-b Penalty Appeal Board. –
I. There is hereby created a penalty appeal board which shall hear appeals from penalties imposed by the commissioner.
II. The board shall be composed of 3 members, as follows:
(a) One person representing the interests of management, to be appointed by the governor and council;
(b) One person representing the interests of labor, to be appointed by the governor and council; and
(c) One person to serve as chairman, who shall be an attorney and who shall be familiar with the labor laws of this state. The chairman shall be appointed by the governor and council.
III. At the time of making appointments pursuant to paragraph II, the governor and council shall also appoint an alternate member representing the interests of management, an alternate member representing the interests of labor and an alternate chairman, who shall serve whenever the corresponding member of the board is unable, because of a conflict of interest or otherwise, to participate in the determination of a matter before the board.
IV. Members and alternate members shall be appointed for terms of 3 years and shall serve until their successors are appointed and qualified. Vacancies shall be filled for the unexpired terms.
V. The attorney member of the board shall receive $400 per diem and all other members of the board shall each receive $250 per diem for each day devoted to the work of the board and shall be reimbursed for necessary travel expenses. Said per diems shall be prorated to an hourly basis using 7.5 hours per day for other related work performed by board members.
Source.
1983, 389:1. 1991, 181:1, eff. Jan. 1, 1992. 2015, 97:1, eff. Aug. 4, 2015. 2023, 79:92, eff. July 1, 2023.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 273 - Department of Labor › Section 273:11-c - Appeal.

273:11-c Appeal. –
I. A person on whom the commissioner has imposed a penalty pursuant to RSA 273:11-a may appeal by filing a notice of appeal with the penalty appeal board within 15 business days after the commissioner's order. If no such notice is filed within this time limit, the commissioner's order shall become final and no appeal may be taken.
II. The penalty appeal board shall hear appeals de novo and shall not be bound by prior findings or determinations of the commissioner. An appeal shall be filed and presented and the hearing conducted in accordance with rules adopted by the board pursuant to RSA 541-A. Such rules need not conform to common law or statutory rules of evidence or other technical rules of procedure. The place and time of a hearing shall be determined by the board. In no case shall a hearing proceed unless the chairman or alternate chairman is present.
III. A full and complete record shall be kept of all proceedings in connection with an appeal, and all testimony at any hearing shall be recorded verbatim.
IV. Within a reasonable time after the board has heard an appeal, the chairman shall prepare a written decision which shall be sent by certified mail to the last known address of the appealing party. The decision shall set forth all the material findings necessary to support the conclusions and shall either affirm, reverse or modify the order of the commissioner.
Source.
1983, 389:1, eff. Aug. 21, 1983.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 273 - Department of Labor › Section 273:11-d - Judicial Review.

273:11-d Judicial Review. –
I. A person who has appealed to the penalty appeal board and who is aggrieved by a final decision of the board may appeal that decision to the supreme court, but only if the notice of that appeal is filed with the court within 15 business days after the date of mailing of the decision and the notice of appeal is contemporaneously served on the commissioner and the board. The notice of appeal shall specifically identify each error for which review is sought. The filing of a notice of appeal shall not stay enforcement of the board's decision.
II. Within 60 days after the service of the notice of appeal upon the board, or within such further time allowed by the court, the board shall transmit to the court a certified copy of the entire record of the proceeding before the board. By stipulation of all parties to the review proceeding, the record may be shortened. If the record is shortened by stipulation, the court may subsequently require additional portions of the record certified.
III. The review of the court shall be confined to the record. No evidence shall be received in the court. The court may require oral argument or written briefs, or both.
IV. The court shall not substitute its judgment for that of the board as to the weight of the evidence on questions of fact. The court shall reverse or modify the decision of the board, or remand the case for further proceedings, as determined by the court, only if the substantial rights of the appellant had been prejudiced because the administrative findings, inferences, or conclusions are:
(a) In violation of constitutional or statutory provisions;
(b) In excess of statutory authority;
(c) Made upon unlawful procedures;
(d) Clearly erroneous in view of the substantial evidence on the whole record; or
(e) Affected by other error of law.
Otherwise the court shall affirm the board's decision.
Source.
1983, 389:1, eff. Aug. 21, 1983.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 273 - Department of Labor › Section 273:12 - Appointment.

273:12 Appointment. –
There shall be a state board of conciliation and arbitration consisting of 3 members and 3 alternates. The governor, with the advice and consent of the council, shall annually, in June, appoint one member and one alternate whose terms shall be 3 years from the following July 1. One member and one alternate of the board shall be employers, or shall be selected from an association representing employers of labor; one member and one alternate shall be selected from labor organizations and shall not be employers of labor, and one member and one alternate shall be appointed upon the recommendation of the other 4 members and alternates, or, if they do not, at least 30 days prior to the expiration of a term, or within 30 days after the happening of a vacancy, agree upon a third member and a third alternate, they shall then be appointed by the governor without such recommendation.
Source.
1913, 186:1. PL 174:12. RL 210:12. RSA 273:12. 1983, 213:3, eff. June 16, 1983.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 273 - Department of Labor › Section 273:13 - Oath; Chairman.

273:13 Oath;  Chairman. –
Each member shall be sworn before entering upon the duties of his office. The board shall choose from its members a chairman, who shall preside at its meetings.
Source.
1913, 186:1. PL 174:13. RL 210:13.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 273 - Department of Labor › Section 273:14 - Seal.

273:14 Seal. –
The board shall have a seal which shall be like the seal of the state, except that the device thereon shall be surrounded by the words "N.H. State Board of Conciliation and Arbitration," and which shall be affixed by the chairman of said board to all official papers issued by it.
Source.
1917, 17:1. PL 174:14. RL 210:14.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 273 - Department of Labor › Section 273:14-a - Single Arbiter.

273:14-a Single Arbiter. –
Where conflict of interests prevents either employer or labor representative from serving on any case, upon written agreement of the representatives of the employer and employees involved in the dispute, the chairman may act as a single arbiter with all powers of the board.
Source.
1963, 216:1, eff. July 1, 1963.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 273 - Department of Labor › Section 273:15 - Investigating Controversies.

273:15 Investigating Controversies. –
Whenever any controversy or difference arises relating to the conditions of employment or rates of wages between any employer, whether resident or non-resident, and his employees, such controversy involving the interest of not less than 10 employees in the same general line of business in this state, the commissioner shall, upon application as hereinafter provided, visit the locality and make careful inquiry into all the conditions and circumstances of the situation, hear all persons interested therein who may come before him, advise the respective parties what, if anything, ought to be conceded by either or both, and adjust such controversy or difference and, within 5 days after such inquiry, make a written decision thereon, a copy of which shall be furnished the parties and a copy kept on file in the department of labor.
Source.
1911, 198:4. 1917, 142:1. PL 174:15. RL 210:15.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 273 - Department of Labor › Section 273:16 - Applications for Investigations.

273:16 Applications for Investigations. –
Said application shall be signed by the employer or by a majority of his employees in the department of the business in which the controversy or difference exists, or their duly authorized agent, or by both parties, and shall contain a concise statement of the grievance alleged, and shall be sworn to by at least one of the signers.
Source.
1911, 198:5. PL 174:16. RL 210:16.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 273 - Department of Labor › Section 273:17 - Application by Agent.

273:17 Application by Agent. –
When an application is signed by an agent claiming to represent a majority of such employees the commissioner shall, before proceeding further, satisfy himself by secret ballot or otherwise that such agent is duly authorized to represent a majority of such employees. If the commissioner requires such secret ballot all regular employees of the unit may vote thereat. If the commissioner does not require a secret ballot he shall require a statement in writing from a majority of the employees that said agent is duly authorized to represent them. In the latter case the names of the employees giving written authority to such agent shall be kept secret by the commissioner.
Source.
1911, 198:5. PL 174:17. RL 210:17. RSA 273:17. 1955, 75:1, eff. April 16, 1955.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 273 - Department of Labor › Section 273:18 - Proceedings Not Evidence.

273:18 Proceedings Not Evidence. –
Neither the proceedings, nor any part thereof, before the labor commissioner by virtue of the foregoing provisions of this subdivision shall be received in evidence for any purpose in any judicial proceeding before any other court or tribunal.
Source.
1917, 142:1. PL 174:18. RL 210:18.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 273 - Department of Labor › Section 273:19 - Failure to Agree.

273:19 Failure to Agree. –
Whenever in such case the employer and employees shall fail to agree to a settlement through the commissioner he shall endeavor to have them consent in writing to submit their differences to said board of arbitration.
Source.
1911, 198:6. 1913, 186:2. PL 174:19. RL 210:19.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 273 - Department of Labor › Section 273:20 - Arbitration.

273:20 Arbitration. –
If arbitration is agreed to, the business shall continue on the existing basis, and the employees shall remain at work pending the decision of the board, which shall be rendered within 7 days after the completion of the hearing and shall be final.
Source.
1911, 198:6. 1913, 186:2. PL 174:20. RL 210:20.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 273 - Department of Labor › Section 273:21 - Of Wages.

273:21 Of Wages. –
If said hearing is on a question of wages the decision shall revert to the date when the employees presented their demand in writing to said employer.
Source.
1911, 198:6. 1913, 186:1, 2. PL 174:21. RL 210:21.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 273 - Department of Labor › Section 273:22 - Effect of Decision.

273:22 Effect of Decision. –
The decision shall be binding upon the parties concerned in said controversy for 6 months, or until 60 days after either party has given the other notice in writing of his or their intention not to be bound by the same. Such notice may be given to employees by posting the same in 3 conspicuous places in the place of employment.
Source.
1911, 198:6. 1913, 186:2. PL 174:22. RL 210:22.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 273 - Department of Labor › Section 273:23 - Procedure.

273:23 Procedure. –
The chairman of said board shall keep a record of the proceedings, issue subpoenas and administer oaths to the members of said board and to any witness the board may deem necessary to summon. Any notice or process issued by said board may be served by any sheriff or constable to whom the same may be directed, or in whose hands the same may be placed for service.
Source.
1911, 198:6. 1913, 186:2. PL 174:23. RL 210:23.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 273 - Department of Labor › Section 273:24 - Compensation of Arbitrators.

273:24 Compensation of Arbitrators. –
Such arbitrators shall receive $50 a day for each day actually engaged in such arbitration and their necessary traveling expenses, to be paid upon vouchers signed by the commissioner, with the approval of the governor, out of the funds appropriated for the maintenance of the department of labor.
Source.
1911, 198:5. 1913, 186:2. PL 174:24. RL 210:24. RSA 273:24. 1955, 323:8. 1963, 216:2, eff. July 1, 1963.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 273 - Department of Labor › Section 273:25 - Statements to Commissioner.

273:25 Statements to Commissioner. –
Upon the failure of the commissioner in any case to secure a reference to said board of arbitration, he shall request a sworn statement from each party to the dispute of the facts upon which their dispute and their reasons for not submitting the same to arbitration are based. Any statement made to the commissioner under this provision shall be for public use, and shall be given publicity in such newspapers as desire to use it.
Source.
1911, 198:6. 1913, 186:3. PL 174:25. RL 210:25.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 273 - Department of Labor › Section 273:26 - Strikes; Lockouts.

273:26 Strikes;  Lockouts. –
Whenever it shall come to the knowledge of the commissioner, either by notice from the mayor of a city, a county commissioner, the president of a board of trade or other representative body, the president of a central labor council or assembly, or of any 5 reputable citizens or otherwise, that a strike or lockout is seriously threatened or has actually occurred in the state, involving an employer and his or its present or past employees, if at the time such employer is employing, or, up to the occurrence of the strike or lockout was employing, not less than 10 persons in the same general line of business in any city or town in this state, and the commissioner shall be satisfied that such information is correct, it shall be his duty, within 3 days thereafter, to put himself in communication with such employer and employees, and endeavor by mediation to effect an amicable settlement between them, or to persuade them to submit the matter to said board of arbitration, and to act as hereinbefore provided in case of disputes and controversies.
Source.
1911, 198:8. 1913, 186:4. PL 174:26. RL 210:26.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 273 - Department of Labor › Section 273:27 - Investigations; Reports.

273:27 Investigations;  Reports. –
In case the parties do not agree to so submit the matter, the commissioner may investigate the cause of such controversy and ascertain which party thereto is mainly responsible for the continuance of the same, and may make and publish a report assigning such responsibility.
Source.
1911, 198:8. 1913, 186:4. PL 174:27. RL 210:27.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 273-A - Public Employee Labor Relations › Section 273-A:2-a - Conflict of Interest.

273-A:2-a Conflict of Interest. –
I. No board member shall participate in any case or issue before the board in which he has a potential conflict of interest. A conflict of interest shall include any case or action in which a member has a personal or professional interest and any case or action in which a member is personally or professionally associated with any of the parties involved.
II. The board shall adopt rules, under RSA 541-A, to establish procedures for identifying and addressing potential conflicts of interest by board members.
Source.
1987, 379:3, eff. May 26, 1987.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 273-A - Public Employee Labor Relations › Section 273-A:3 - Obligation to Bargain.

273-A:3 Obligation to Bargain. –
I. It is the obligation of the public employer and the employee organization certified by the board as the exclusive representative of the bargaining unit to negotiate in good faith. "Good faith" negotiation involves meeting at reasonable times and places in an effort to reach agreement on the terms of employment, and to cooperate in mediation and fact-finding required by this chapter, but the obligation to negotiate in good faith shall not compel either party to agree to a proposal or to make a concession.
II. (a) Any party desiring to bargain shall serve written notice of its intention on the other party at least 120 days before the budget submission date; provided, however, that bargaining with state employees shall commence not later than 120 days before the deadline for submission of the governor's proposed operating budget.
(b) Only cost items shall be submitted to the legislative body of the public employer for approval at the next annual meeting of the legislative body, unless there is an emergency as defined in RSA 31:5 or RSA 197:3. If the legislative body rejects the submission, or while accepting the submission takes any action which would result in a modification of the terms of the cost item submitted to it, either party may reopen negotiations on the entire agreement. No cost item agreed to by the public employer and the employee organization shall be modified by the legislative body of such public employer.
(c) If the public employer is a local political subdivision with a city or town council form of government cost items shall be submitted within 30 days to the city council or aldermen or to the town council for approval. Within 30 days of the receipt of the submission, the city council, aldermen, or the town council shall vote to accept or reject the cost items. If the city council or aldermen or the town council rejects any part of the submission, or while accepting the submission takes any action which would result in a modification of the terms of the cost item submitted to it, either party may reopen negotiations on all or part of the entire agreement.
III. Matters regarding the policies and practice of any merit system established by statute, charter or ordinance relating to recruitment, examination, appointment and advancement under conditions of political neutrality and based upon principles of merit and competence shall not be subjects of bargaining under the provisions of this chapter. Nothing herein shall be construed to diminish the authority of the state personnel commission or any board or agency established by statute, charter or ordinance to conduct and grade merit examinations from which appointments or promotions may be made.
IV. Each public employer shall record its budget submission date with the board.
Source.
1975, 490:2. 1977, 437:2. 1979, 374:3. 1985, 39:1. 1998, 205:1, eff. Aug. 17, 1998. 2013, 244:1, eff. Sept. 22, 2013.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 273-A - Public Employee Labor Relations › Section 273-A:4 - Grievance Procedures.

273-A:4 Grievance Procedures. –
Every agreement negotiated under the terms of this chapter shall be reduced to writing and shall contain workable grievance procedures. No grievance resulting from the failure of a teacher to be renewed pursuant to RSA 189:14-a shall be subject to arbitration or any other binding resolution, except as provided by RSA 189:14-a and RSA 189:14-b. Any such provision in force as of the effective date of this section shall be null and void upon the expiration date of that collective bargaining agreement. However, after the expiration date of that collective bargaining agreement, nothing in this section shall be deemed to prohibit the school district public employer and the exclusive bargaining representative from entering into a subsequent agreement that may include arbitration or any other binding resolution for teacher nonrenewals pursuant to RSA 189:14-a and RSA 189:14-b. If such grievance procedures become incorporated into a subsequent collective bargaining agreement, those procedures shall become null and void at the expiration of that agreement. "Grievance resulting from failure of a teacher to be renewed" means a grievance that challenges nonrenewal, or that seeks reversal or reinstatement from nonrenewal as a remedy.
Source.
1975, 490:2. 2003, 204:5. 2008, 246:2, eff. Aug. 23, 2008. 2011, 267:3, eff. July 1, 2011.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 273-A - Public Employee Labor Relations › Section 273-A:5 - Unfair Labor Practices Prohibited.

273-A:5 Unfair Labor Practices Prohibited. –
I. It shall be a prohibited practice for any public employer:
(a) To restrain, coerce or otherwise interfere with its employees in the exercise of the rights conferred by this chapter;
(b) To dominate or to interfere in the formation or administration of any employee organization;
(c) To discriminate in the hiring or tenure, or the terms and conditions of employment of its employees for the purpose of encouraging or discouraging membership in any employee organization;
(d) To discharge or otherwise discriminate against any employee because he has filed a complaint, affidavit or petition, or given information or testimony under this chapter;
(e) To refuse to negotiate in good faith with the exclusive representative of a bargaining unit, including the failure to submit to the legislative body any cost item agreed upon in negotiations;
(f) To invoke a lockout;
(g) To fail to comply with this chapter or any rule adopted under this chapter;
(h) To breach a collective bargaining agreement;
(i) To make any law or regulation, or to adopt any rule relative to the terms and conditions of employment that would invalidate any portion of an agreement entered into by the public employer making or adopting such law, regulation or rule.
II. It shall be a prohibited practice for the exclusive representative of any public employee:
(a) To restrain, coerce or otherwise interfere with public employees in the exercise of their rights under this chapter;
(b) To restrain, coerce or otherwise interfere with public employers in their selection of agents to represent them in collective bargaining negotiations or the settlement of grievances;
(c) To cause or attempt to cause a public employer to discriminate against an employee in violation of RSA 273-A:5, I(c), or to discriminate against any public employee whose membership in an employee organization has been denied or terminated for reasons other than failure to pay membership dues;
(d) To refuse to negotiate in good faith with the public employer;
(e) To engage in a strike or other form of job action;
(f) To breach a collective bargaining agreement.
(g) To fail to comply with this chapter or any rule adopted hereunder.
Source.
1975, 490:2. 1979, 374:4, eff. Aug. 22, 1979.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 273-A - Public Employee Labor Relations › Section 273-A:7 - Injunctions.

273-A:7 Injunctions. –
The board shall petition the superior court for the county in which the party sought to be enjoined is principally located for such order of the court as may be necessary to compel obedience to an order of the board and the superior court shall issue its order upon satisfying itself that:
I. The order of the board was within its jurisdiction to issue; and
II. There is substantial evidence on the record considered as a whole to support the finding of the board.
Source.
1975, 490:2. 1977, 437:3, eff. Sept. 3, 1977.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 273-A - Public Employee Labor Relations › Section 273-A:8 - Determining Bargaining Unit.

273-A:8 Determining Bargaining Unit. –
I. The board or its designee shall determine the appropriate bargaining unit and shall certify the exclusive representative thereof when petitioned to do so under RSA 273-A:10. In making its determination the board should take into consideration the principle of community of interest. The community of interest may be exhibited by one or more of the following criteria, although it is not limited to such:
(a) Employees with the same conditions of employment;
(b) Employees with a history of workable and acceptable collective negotiations;
(c) Employees in the same historic craft or profession;
(d) Employees functioning within the same organizational unit.
In no case shall the board certify a bargaining unit of fewer than 10 employees with the same community of interest. For purposes of this section, probationary employees shall be counted to satisfy the employee minimum number requirement. In no case shall such probationary employees vote in any election conducted under the provisions of this chapter to certify an employee organization as the exclusive representative of a bargaining unit.
II. The board may certify a bargaining unit composed of professional and non-professional employees only if both the professional and non-professional employees, voting separately, vote to join the proposed bargaining unit. Persons exercising supervisory authority involving the significant exercise of discretion may not belong to the same bargaining unit as the employees they supervise.
III. In the event the bargaining unit is determined by the board's designee, the decision may be appealed to the board for final determination.
Source.
1975, 490:2. 1983, 270:2. 2008, 137:1, eff. Aug. 5, 2008. 2011, 45:1, eff. July 8, 2011.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 273-A - Public Employee Labor Relations › Section 273-A:9-a - Bargaining by Judicial Employees.

273-A:9-a Bargaining by Judicial Employees. –
I. All cost items and terms and conditions of employment affecting judicial employees generally shall be negotiated by the unified court system, represented by the chief justice of the supreme court with the advice and consent of the judicial branch administrative council appointed pursuant to supreme court rule 54, with a single employee bargaining committee comprised of exclusive representatives of all interested bargaining units. Negotiations regarding terms and conditions of employment unique to individual bargaining units shall be negotiated individually with the representatives of those units by the chief justice and the administrative council.
II. The chief justice of the supreme court, with the advice and consent of the judicial branch administrative council appointed pursuant to supreme court rule 54, may designate an official negotiator who shall serve at the pleasure of the chief justice and the administrative council.
Source.
2001, 170:3. 2007, 107:2, eff. June 11, 2007.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 273-A - Public Employee Labor Relations › Section 273-A:11 - Rights Accompanying Certification.

273-A:11 Rights Accompanying Certification. –
I. Public employers shall extend the following rights to the exclusive representative of a bargaining unit certified under RSA 273-A:8:
(a) The right to represent employees in collective bargaining negotiations and in the settlement of grievances. An individual employee may present an oral grievance to his employer without the intervention of the exclusive representative. Until the grievance is reduced to writing, the exclusive representative shall be excluded from a hearing if the employee so requests; but any resolution of the grievance shall not be inconsistent with the terms of an existing agreement between the parties.
(b) The right to represent the bargaining unit exclusively and without challenge during the term of the collective bargaining agreement. Notwithstanding the foregoing, an election may be held not more than 180 nor less than 120 days prior to the budget submission date in the year such collective bargaining agreement shall expire.
II. A reasonable number of employees who act as representatives of the bargaining unit shall be given a reasonable opportunity to meet with the employer or his representatives during working hours without loss of compensation or benefits.
Source.
1975, 490:2, eff. Aug. 23, 1975.