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APPEAL OF CITY OF CONCORD

No. 92-285.

139 N.H. 277 (1994)

APPEAL OF THE CITY OF CONCORD (New Hampshire Public Employee Labor Relations Board)

Supreme Court of New Hampshire.

December 30, 1994.

Attorney(s) appearing for the Case

Paul F. Cavanaugh, city solicitor, on the brief and orally, for the City of Concord.

Matthew J. Buckley, of Quincy, Massachusetts, on the brief and orally, for the International Brotherhood of Police Officers, Concord Police Association, Local 435.

Michael C. Reynolds, of Concord, by brief, for the State Employees' Association of New Hampshire, Inc., as amicus curiae.

James F. Allmendinger, of Concord, by brief, for the National Education Association—New Hampshire, as amicus curiae.

HORTON, J.

The City of Concord (city) appeals a decision of the public employee labor relations board (PELRB) determining that the city violated RSA 273-A:5, I(e) (1987) by refusing to bargain concerning a proposal by the International Brotherhood of Police Officers Local 435 (union) to include a just cause discipline and discharge provision in a collective bargaining agreement. We reverse.

During 1991, the city and the union were negotiating their first collective...

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