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N.H. Supreme Court: Labor Board Erred in Dismissing Tutoring Complaint

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The New Hampshire Supreme Court says a labor relations board was wrong to dismiss a union complaint saying the Community College System of New Hampshire should have compensated an adjunct professor for tutoring.

The Public Employee Labor Relations Board dismissed the complaint filed by the State Employees' Association of New Hampshire/Service Employees' International Union, Local 1984.  The board found the community college system wasn't obligated to bargain over wages for on-campus tutoring services by adjunct faculty.

It also said the system wasn't obligated to compensate such a faculty member for lost tutoring income resulting from participation in collective bargaining negotiations.

The court disagreed and sent the case back to the board.  Associate Justice Barbara "Bobbie" Hantz Marconi dissented in part, saying the union failed to meet its burden of demonstrating that the board's decision is clearly unjust or unreasonable.

 

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