273:1 Department; Commissioner. – There shall be a department of labor under the executive direction of a labor commissioner who shall be appointed by the governor, with the advice and consent of the council. Subject to the state personnel regulations, and within the limits of available appropriations and funds, the labor commissioner shall employ […]
273:1-a Budget and Accounting. – The department of labor shall budget and account for its operations through restricted funds rather than through the general fund; said restricted funds to be funded through all fees, licenses, certificates, and civil penalties of the department of labor, as well as existing assessment procedures. Source. 2011, 224:51, eff. […]
273:1-b Restricted Fund. – There is hereby established in the state treasury a department of labor restricted fund for the sole purpose of paying costs of operating the department of labor other than workers’ compensation. All moneys in the restricted fund shall be continually appropriated to the department of labor. The commissioner shall administer […]
273:10 Reports. – He shall transmit to the legislature a report upon these matters when he shall deem the occasion of sufficient importance, with such recommendations as he shall think advisable. He shall biennially make a report of the proceedings of the department of labor to the governor and council, containing the transactions of […]
273:11 Prosecutions; Injunctions. – Whenever the commissioner deems it necessary, the commissioner may investigate and may prosecute any offenses against the laws under the commissioner’s jurisdiction. The commissioner may, with the consent of the attorney general, proceed in superior court or other court of competent jurisdiction to restrain by temporary or permanent injunctive relief […]
273:11-a Civil Penalties. – I. In addition to any criminal penalty provided under this title, the commissioner may, after hearing, impose a civil penalty not to exceed $2,500, as determined by the commissioner, for any violation of the provisions of, or any rule adopted pursuant to, this title, except RSA 273-A, RSA 273-C, and […]
273:11-b Penalty Appeal Board. – I. There is hereby created a penalty appeal board which shall hear appeals from penalties imposed by the commissioner. II. The board shall be composed of 3 members, as follows: (a) One person representing the interests of management, to be appointed by the governor and council; (b) One person […]
273:11-c Appeal. – I. A person on whom the commissioner has imposed a penalty pursuant to RSA 273:11-a may appeal by filing a notice of appeal with the penalty appeal board within 15 business days after the commissioner’s order. If no such notice is filed within this time limit, the commissioner’s order shall become […]
273:11-d Judicial Review. – I. A person who has appealed to the penalty appeal board and who is aggrieved by a final decision of the board may appeal that decision to the supreme court, but only if the notice of that appeal is filed with the court within 15 business days after the date […]
273:12 Appointment. – There shall be a state board of conciliation and arbitration consisting of 3 members and 3 alternates. The governor, with the advice and consent of the council, shall annually, in June, appoint one member and one alternate whose terms shall be 3 years from the following July 1. One member and […]
273:13 Oath; Chairman. – Each member shall be sworn before entering upon the duties of his office. The board shall choose from its members a chairman, who shall preside at its meetings. Source. 1913, 186:1. PL 174:13. RL 210:13.
273:14 Seal. – The board shall have a seal which shall be like the seal of the state, except that the device thereon shall be surrounded by the words "N.H. State Board of Conciliation and Arbitration," and which shall be affixed by the chairman of said board to all official papers issued by it. […]
273:14-a Single Arbiter. – Where conflict of interests prevents either employer or labor representative from serving on any case, upon written agreement of the representatives of the employer and employees involved in the dispute, the chairman may act as a single arbiter with all powers of the board. Source. 1963, 216:1, eff. July 1, […]
273:15 Investigating Controversies. – Whenever any controversy or difference arises relating to the conditions of employment or rates of wages between any employer, whether resident or non-resident, and his employees, such controversy involving the interest of not less than 10 employees in the same general line of business in this state, the commissioner shall, […]
273:16 Applications for Investigations. – Said application shall be signed by the employer or by a majority of his employees in the department of the business in which the controversy or difference exists, or their duly authorized agent, or by both parties, and shall contain a concise statement of the grievance alleged, and shall […]
273:17 Application by Agent. – When an application is signed by an agent claiming to represent a majority of such employees the commissioner shall, before proceeding further, satisfy himself by secret ballot or otherwise that such agent is duly authorized to represent a majority of such employees. If the commissioner requires such secret ballot […]
273:18 Proceedings Not Evidence. – Neither the proceedings, nor any part thereof, before the labor commissioner by virtue of the foregoing provisions of this subdivision shall be received in evidence for any purpose in any judicial proceeding before any other court or tribunal. Source. 1917, 142:1. PL 174:18. RL 210:18.
273:19 Failure to Agree. – Whenever in such case the employer and employees shall fail to agree to a settlement through the commissioner he shall endeavor to have them consent in writing to submit their differences to said board of arbitration. Source. 1911, 198:6. 1913, 186:2. PL 174:19. RL 210:19.
273:2 Term of Commissioner; Removal. – The commissioner shall hold office for 3 years from the date of appointment and may be removed for cause by the governor, with the advice and consent of the council. Source. 1911, 198:1. PL 174:2. RL 210:2. 2007, 156:7, eff. Aug. 17, 2007.
273:20 Arbitration. – If arbitration is agreed to, the business shall continue on the existing basis, and the employees shall remain at work pending the decision of the board, which shall be rendered within 7 days after the completion of the hearing and shall be final. Source. 1911, 198:6. 1913, 186:2. PL 174:20. RL […]
