Appeal of Town of Moultonborough

In June 2010, the New England Police Benevolent Association (the union) (plaintiff) filed a petition with the New Hampshire Public Employee Labor Relations Board (PELRB), seeking to certify a proposed collective-bargaining unit comprising all employees of the police department, excluding the chief of police. The proposed unit consisted of 14 employees in seven different positions. The town of Moultonborough (the town) (defendant) objected to the petition, citing state law that required a minimum of 10 employees for a bargaining unit, and arguing that the positions of sergeant and corporal were supervisory positions and thus not eligible for inclusion. After an evidentiary hearing, a PELRB hearing officer certified a bargaining unit comprising several positions, including sergeant and corporal. PELRB denied the town’s motion to review the hearing officer’s decision and approved the decision. PELRB made several findings of fact regarding the positions of sergeant and corporal, which were mostly undisputed. Under the department’s system, sergeants normally completed several review tasks, including written evaluations of officers and background checks of candidates applying for a position. Sergeants also filled out and reviewed use-of-force forms before sending them to the chief. Patrol sergeants completed written evaluations of a corporal and different officer positions. The sergeants and corporal divided responsibilities for completing written evaluations, but neither group had the authority to recommend pay increases, promotions, or termination. The town appealed PELRB’s ruling, arguing that it erred by finding that the positions of corporal and sergeant were not supervisory.