Cited by
Opinions in New Hampshire that cite Appeal of State, 647 A.2d 1302.
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Appeal of New Hampshire Department of Transportation
N.H. 2021
“First, to be negotiable, the subject matter of the proposed contract provision must not be reserved to the exclusive managerial authority of the public employer by the constitution, or by statute or statutorily adopted regulation.” Appeal of State of N.H., 138 N.H. 716, 722 (1994).
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In re Nashua Sch. Dist.
173 A.3d 167
N.H. 2017
Relying upon the three-step test we articulated in *173 Appeal of State of New Hampshire, 138 N.H. 716, 722-23, 647 A.2d 1302 (1994), we held that the city's proposal to replace full-time employees with part-time employees receiving lower wages and benefits satisfied all three prongs of the test, and was therefore a mandatory subject of bargaining rather than a matter of "managerial policy within the exclusive preroga
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Appeal of Nashua School District
N.H. 2017
Relying upon the three- step test we articulated in Appeal of State of New Hampshire, 138 N.H. 716, 722-23 (1994), we held that the city’s proposal to replace full-time employees with part-time employees receiving lower wages and benefits satisfied all three prongs of the test, and was therefore a mandatory subject of bargaining rather than a matter of “managerial policy within the exclusive prerogative of the publ
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Appeal of Matthew Kennedy
162 N.H. 109
N.H. 2011
First, “[t]o be negotiable, the subject matter of the [proposal] must not be reserved to the exclusive managerial authority of the public employer by the constitution, or by statute or statutorily adopted regulation.” Appeal of State of New Hampshire, 138 N.H. 716, 722 (1994).
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In Re Kennedy
27 A.3d 844
N.H. 2011
Appeal of State of New Hampshire, 138 N.H. 716, 722, 647 A.2d 1302 (1994).
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Appeal of Verizon New England, Inc.
972 A.2d 996
N.H. 2009
Appeal of State of N.H., 138 N.H. 716, 719-20 (1994) (explaining that court no longer defers to statutory interpretation by New Hampshire Public Employee Labor Relations Board).
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In Re State Employees'ass'n of Nh
939 A.2d 209
N.H. 2007
Compare Appeal of State of N.H., 138 N.H. 716, 719-20 (1994), with Cheney, 119 N.H. at 826.
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Appeal of White Mountain Regional School District
908 A.2d 790
N.H. 2006
Appeal of State of N.H., 138 N.H. 716, 719 (1994).
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Appeal of Nashua Police Commission
827 A.2d 1013
N.H. 2003
Appeal of Slate of N.H., 138 N.H. 716, 721-23 (1994).
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Followed
Appeal of the University System of New Hampshire Board of Trustees
795 A.2d 840
N.H. 2002
Appeal of State of N.H., 138 N.H. 716, 720 (1994).
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Appeal of the Town of Litchfield
790 A.2d 135
N.H. 2002
Appeal of State of N.H., 138 N.H. 716, 720 (1994).
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Appeal of Inter-Lakes School Board
780 A.2d 1275
N.H. 2001
Appeal of Stale of N.H., 138 N.H. 716, 720 (1994).
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Appeal of New Hampshire Troopers Ass'n
761 A.2d 486
N.H. 2000
We employ the familiar three-part test articulated in Appeal of State of N.H., 138 N.H. 716, 722, 647 A.2d 1302, 1306-07 (1994), to determine whether the State was obligated to negotiate its decision to change the rank of soft corporal to trooper II.
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Appeal of Pittsfield School District
744 A.2d 594
N.H. 1999
In Appeal of the State of New Hampshire, 138 N.H. 716, 722, 647 A.2d 1302, 1306-07 (1994), we established a three-part test to determine whether negotiation of a proposal is mandatory, permissible, or prohibited, thereby determining the applicability of the managerial policy exception.
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Appeal of Stratham
743 A.2d 826
N.H. 1999
Appeal of State of N.H., 138 N.H. 716, 720, 647 A.2d 1302, 1305 (1994).
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Appeal of Hillsboro-Deering School District
737 A.2d 1098
N.H. 1999
Appeal of State of N.H., 138 N.H. 716, 720-22, 647 A.2d 1302, 1305-07 *32 (1994).
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Appeal of SAU 16 Cooperative School Board
719 A.2d 613
N.H. 1998
Educ., 141 N.H. 768, 774, 695 A.2d 647, 651 (1997); Appeal of State of N.H., 138 N.H. 716, 722-23, 647 A.2d 1302, 1306-07 (1994).
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Appeal of City of Nashua Board of Education
695 A.2d 647
N.H. 1997
Appeal of City of Concord, 139 N.H. 277, 282, 651 A.2d 944, 948 (1994); Appeal of State of N.H., 138 N.H. 716, 723, 647 A.2d 1302, 1307 (1994).
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Appeal of the House Legislative Facilities Subcommittee
685 A.2d 910
N.H. 1996
Appeal of State of N.H., 138 N.H. 716, 719, 647 A.2d 1302, 1305 (1994).
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Appeal of AFSCME Local 3657, Londonderry Police Employees
681 A.2d 100
N.H. 1996
Appeal of State of N.H., 138 N.H. 716, 719-20, 647 A.2d 1302, 1305 (1994).
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Appeal of New Hampshire Department of Employment Security
672 A.2d 697
N.H. 1996
Appeal of State of N.H., 138 N.H. 716, 719, 647 A.2d 1302, 1305 (1994).
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Appeal of City of Portsmouth
667 A.2d 345
N.H. 1995
Appeal of State of N.H., 138 N.H. 716, 720, 647 A.2d 1302, 1305 (1994).
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Appeal of Town of Newport
666 A.2d 954
N.H. 1995
RSA 541:13 (1974); see also Appeal of State of N.H., 138 N.H. 716, 719-20, 647 A.2d 1302, 1305 (1994).
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Appeal of Alton School District
666 A.2d 937
N.H. 1995
Appeal of State of N.H., 138 N.H. 716, 719-20, 647 A.2d 1302, 1305 (1994).
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Appeal of Town of Rye
666 A.2d 948
N.H. 1995
RSA 541:13 (1974); see also Appeal of State of N.H., 138 N.H. 716, 719-20, 647 A.2d 1302, 1305 (1994).
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Appeal of State Employees' Ass'n
661 A.2d 226
N.H. 1995
As recently clarified in Appeal of the State of New Hampshire, 138 N.H. 716, 719, 647 A.2d 1302, 1305 (1994), our review standard is governed by RSA 541:13 (1974), which states: [T]he burden of proof shall be upon the party seeking to set aside any order or decision of the commission to show that the same is clearly unreasonable or unlawful, and all findings of the commission upon all questi
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Appeal of City of Concord
651 A.2d 944
N.H. 1994
Statutes exist which, in spite of the duty to bargain under RSA chapter 273-A, deprive the employer of the statutory authority to agree *281 to certain subjects, Appeal of State of New Hampshire, 138 N.H. 716, 722, 647 A.2d 1302, 1306 (1994), or may modify the employer’s authority to bargain, see State Employees’ Ass’n, 118 N.H. at 890, 397 A.2d at 1038 (RSA chapters 98 and 273-A must be read together as a cohesive whole).