New Hampshire HB 1704: permitting public employees to bargain individually with public employers without any intervention.

Bill Text

HB 1704-FN - AS INTRODUCED

2026 SESSION

 26-3159

 12/09

HOUSE BILL 1704-FN

AN ACT permitting public employees to bargain individually with public employers without any intervention.

SPONSORS: Rep. Labrie, Hills. 2; Rep. Drago, Rock. 4; Rep. Drew, Hills. 19; Rep. Farrington, Straf. 8; Rep. Granger, Straf. 2; Rep. Morton, Hills. 39; Rep. Osborne, Rock. 2; Rep. Schneller, Hills. 2; Rep. Berry, Hills. 44; Rep. Noble, Hills. 2

COMMITTEE: Labor, Industrial and Rehabilitative Services

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ANALYSIS

 This bill provides certain public employees with independent bargaining rights and authorizes said employees to engage in independent bargaining with employers free of any interference. The bill also establishes penalties for any violations of these public employee's independent bargaining rights.

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Explanation: Matter added to current law appears in bold italics.

 Matter removed from current law appears [in brackets and struckthrough.]

 Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

 26-3159

 12/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty-Six

AN ACT permitting public employees to bargain individually with public employers without any intervention.

Be it Enacted by the Senate and House of Representatives in General Court convened:

 1 Short Title. This section shall be known as the "Public Employee Choice Act". 

 2 Statement of Findings. The general court makes the following findings and declares: 

 I. Public employees and employees and employers should be free to contract on their own terms;

 II. Monopoly collective bargaining laws violate this freedom; and

 III. It is against New Hampshire public policy to impose monopoly collective bargaining on employees who wish to represent themselves. 

 3 New Section; Public Employee Choice Act. Amend RSA 273 by inserting after section 11 the following new section: 

 273-A:11-a Public Employee Independent Bargaining. 

 I. For the purposes of this section: 

 (a) "Independent bargaining" shall mean negotiating with a public employer regarding wages, hours, grievance adjustments, or other employment terms without intervention of an employee organization or exclusive bargaining representative;

 (1) "Independent bargaining" does not confer greater or lesser rights than employees in units with exclusive representation; 

 (2) "Independent bargaining" does not impose greater or lesser duties on employers than those owed to employees in units with exclusive representation; 

 (b) "Employee organization" shall mean any association, organization, or committee advocating for employees concerning wages, labor disputes, hours, or conditions of work;

 (c) "Public employee" shall mean any person employed by the state of New Hampshire or a political subdivision, public school, authority, commission, board, or other public service entity;

 (d) "Public employer" shall mean any state or local government, agency, instrumentality, school board, or other public entity employing one or more persons; 

 (e) "Collective bargaining" shall mean the mutual obligation of employer and certified exclusive bargaining representative to negotiate in good faith regarding wages, hours, and employment terms; and 

 (f) "Exclusive bargaining representative" shall mean any employee organization certified by the public employment labor relations board under RSA 273-A to represent employees in a bargaining unit. 

 II. For the purposes of this section, the following categories of public employees are exempt from independent bargaining rights: 

 (a) Law enforcement officers as defined in RSA 106-L:2; 

 (b) Firefighters;

 (1) Firefighters shall include employees that: 

 (A) Have the authority and responsibility to engage in the prevention, control, or extinguishment of fires, and who perform activities that are required for and directly concerned with the prevention, control, or extinguishment of fires, including incidental non-firefighting functions; 

 (B) As a job requirement are fully certified as a firefighter by the New Hampshire fire standards and training commission; and 

 (C) As a job requirement meets all physical, mental, educational, and other qualifications for continuing certification as a firefighter that may be established by the certifying authority;

 (2) Firefighters shall not include any persons employed auxiliary, intermittent, special, part-time, volunteer, call, or reserve firefighters; 

 (c) Emergency medical service personnel as defined in RSA 153-A:2, VI, with the exception of employees or members serving a private organization; 

 (d) State and county corrections officers that:

 (1) Are responsible for the physical custody and security of inmates at a state or county correctional fac