status quo doctrine in New Hampshire

2017See Appeal of State of N.H. , 138 N.H. at 722 -23 , 647 A.2d 1302 .

2017See Appeal of State of N.H. , 138 N.H. at 722 -23 , 647 A.2d 1302 .

2014See Appeal of Alton School Dist., 140 N.H. 303, 307 (1995).

2013The status quo doctrine “does not require payment of [step increases] after a CBA expires.” Appeal of Alton School Dist., 140 N.H. at 307 (quotation omitted).

2017After also observing that in Appeal of City of Nashua we were careful to make clear that "[t]erms and conditions of employment imposed as the result of the status quo doctrine do not become final forever," the PELRB "conclude[d] that the [school district] acted reasonably, prudently and in concert with RSA ch. 273-A when it gave notice of its intent to eliminate the school nurse position and not negotiate salary or benefits for it for School Year 1999-2000, after the conclusion *176 of the current CBA." Id. (quotation and italics omitted) (emphasis in original).

2002See Appeal of Milton School Dist., 137 N.H. 240, 247 (1993) (after CBA lacking automatic renewal clause-has expired and while employer and union are negotiating new CBA, status quo doctrine requires that employment terms and conditions remain the same).

2014“Maintenance of the status quo demands that all terms and conditions of employment remain the same during collective bargaining.” Appeal of City of Nashua Bd. of Educ., 141 N.H. 768, 772 (1997) (quotation omitted). ‘We have explained that the status quo doctrine derives from RSA 273-A:3, I, which imposes the obligation to negotiate in good faith over the terms of employment, and from RSA 273-A:5, . . . which makes it an unfair labor practice for a public employer to refuse to negotiate in good faith.” Id.

2014“Maintenance of the status quo demands that all terms and conditions of employment remain the same during collective bargaining.” Appeal of City of Nashua Bd. of Educ., 141 N.H. 768, 772 (1997) (quotation omitted). ‘We have explained that the status quo doctrine derives from RSA 273-A:3, I, which imposes the obligation to negotiate in good faith over the terms of employment, and from RSA 273-A:5, . . . which makes it an unfair labor practice for a public employer to refuse to negotiate in good faith.” Id.

2014Dep’t of Corrections, 164 N.H. at 309.

2014Given our well-established rule that the status quo doctrine does not require payment of step increases after a CBA expires, Laconia Patrolman Assoc., 164 N.H. at 557, we hold that a “past practice” of granting step increases during the status quo period cannot, as a matter of law, render such increases a binding term and condition of public employees’ employment, cf. N.H.