Updates on Shift Differential, Part-timer and ‘Confidentials’ Cases

We have confirmed that the state plans to make employees impacted by the shift differential arbitration decision whole.  How that will happen is still being researched due to the fact that the time period covered by the decision spans two different statewide payroll systems and the employees are from several different agencies.

There are hundreds of employees impacted by the decision and to make individuals whole will involve recalculating pay based on shifts worked, and what people were paid under the state’s changed policy versus what they should have been paid under the old contract language.

The SEA has been working with the state to accurately identify the Liquor Commission part-time employees that are impacted by the Liquor Commission related part-time worker arbitration decision.  Because the employer has seasonal workers that are not included in the bargaining unit, research has been underway to bring clarity to who is and isn’t a seasonal employee.  We are close to resolving this aspect of the case and then will begin the process of making workers whole pursuant to the decision.  This case was appealed by the state to the NH Supreme Court, which accepted the case.  In the event settlement is not completed, the case will continue down its current appeal path however, at this point, we believe that will be unnecessary.

The matter of “confidential” (RSA 273:A excluded) employees has been completed with respect to filings made with the Public Employee Labor Relations Board.  There are dozens of positions that are returning to the bargaining unit wherein employees holding such positions will see their full collective bargaining rights restored.  There are some positions that will be moving onto the list that will be losing those same rights.  A small group of employees will be placed on the HR Confidential list pursuant to Article 5 in the SEA-State of NH collective bargaining agreement.  We are working with the state to collaboratively explain to affected employees what these statuses mean for their rights, and the SEA will contact the employees to explain what rights they would have as SEA members regardless of status.

“All of these workers have the right to join this union,” said SEA President Diana Lacey. “What they need to understand is what rights they would have and services we offer regardless of status or application of the collective bargaining agreement.”

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