NPH Lawyers Win Vacation Benefits Case: Labor Board relies on recent NH Supreme Court precedent in case also won by NPH

On December 23, 2014, the NH Public Employee Relations Board ruled in favor of the Goffstown Police Union, NEPBA Local 24, in a case litigated by NPH Attorneys Peter Perroni and Meghan Cooper.  The dispute involved the Town’s refusal to pay additional vacation due officers, based on additional years of service; the Town claimed that because the parties were in the hiatus period between contracts, it had no obligation to pay theincreased vacation benefits.  The Board disagreed, and adopted almost entirely the arguments advanced by NPH in the hearing and post-hearing briefs.

This is the second so-called “status quo doctrine” case won recently by NPH lawyers.   Significantly, the PELRB in this case relied on the recent NH Supreme Court precedent in the other case won by Attorney’s Perroni and Cooper, Appeal of Strafford County Sheriff’s Office, (No. 2013-506)(November 13, 2014).

NPH is proud to be squarely in the mix in the fight to advance the wages and benefits of law enforcement and union members in general.

To read the decision, click below:

29 Order 2014-277, 12-23-14

NPH Lawyers Win Excessive Force Trial On Behalf of New Hampshire Police Sergeant: Prosecution’s case was based primarily on helmet camera video evidence.

On December 11, 2014, after a contentious three-day trial in Strafford County Superior Court, Nolan Perroni Harrington, LLP lawyers Peter Perroni and Meghan Cooper successfully obtained a Not Guilty verdict on behalf of a Farmington, NH (NEPBA Local 212) Police Sergeant accused of assault during the arrest of an individual in June 2013. The trial involved so-called “helmet cam” video evidence of the encounter between police and the suspect, who was being taken into custody for a felony reckless conduct charge. After striking the officer with his motor vehicle and then fleeing the scene, the suspect was apprehended outside of his home. During a time of unprecedented scrutiny of police use of force, Attorneys Perroni and Cooper convinced the Court that the force used by the Sergeant was reasonable in the circumstances and necessary to effectuate the arrest of the individual.

Both the New Hampshire Union Leader and Foster Daily Democrat covered the story extensively. Links to coverage are below.

http://www.fosters.com/apps/pbcs.dll/article?AID=/20141212/GJNEWS_01/141219722/0/SEARCH

http://www.fosters.com/apps/pbcs.dll/article?AID=/20141211/GJNEWS_01/141219795/0/SEARCH

http://www.unionleader.com/article/20141211/NEWS03/141219741

http://www.nh1.com/videoplayer/?video_id=1131&categories=

http://www.nh1.com/news/farmington-police-officers-accused-of-assault-during-arrest-found-not-guilty/

NPH Attorney’s Win Important Labor Decision at NH Supreme Court

After a long legal battle on behalf of NEPBA Local 295, attorneys at Nolan Perroni Harrington have won an important labor decision from New Hampshire’s Supreme Court. Last week, the Court upheld a decision by the Public Employee Labor Relations Board finding that the Strafford County Sheriff wrongfully imposed new work rules on the heels of his Deputies’ petition to unionize. In Appeal of Strafford County Sheriff’s Office, the Court found that the Sheriff had committed various Unfair Labor Practices by unilaterallychanging terms and conditions of employment in the period immediately after the Union filed for certification, and during the period when the parties were negotiating their first contract.

New Hampshire’s highest Court concluded unequivocally that the Deputies’ work shifts are mandatory subjects of bargaining that cannot be altered by the Sheriff without first negotiating with the Union. Similarly, the Court ruled that the Sheriff could neither alter the pay rate for outside details nor change the way in which overtime was calculated without first negotiating the change with the Union. The ruling affirmed the Board’s decision ordering the Sheriff to rescind the unlawful changes, and reinstate the benefits previously enjoyed by the employees.

The Court’s decision goes a long way in protecting employee’s rights and benefits during the period following organizing petitions and, significantly, should provide a profound limitation on the right of management to attack existing benefits simply because a group of employees desires to unionize.

The case was litigated by NPH lawyers Peter Perroni and Meghan Cooper. A copy of the decision is available here.

OpinionAppeal

NPH Wins Salary Step Arbitration for NH Officers

NPH Attorneys Peter Perroni and Meghan Cooper recently won an important arbitration case affecting several Windham, NH Police Officers. This was the second significant win for the NEPBA Local 213 this Spring. The case involved the crucial issue of salary steps paid to officers after a Contract had expired.  The Town for several years, despite express promises to do so, refused to pay newly hired officers on the Police Union’s Wage Scale following their one-year probationary period. The Arbitrator rejected arguments by the Town and concluded that the officers were entitled to be paid all of the salary steps argued by the Union.  As a result, all officers affected were ordered to be made whole, with interest.  The award resulted in significant back wage payments to several officers.

To read the Arbitrator’s decision in full, click below:

Town of Windham SIGNED