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APPEAL OF TOWN OF NEWPORT

No. 94-305.

140 N.H. 343 (1995)

APPEAL OF TOWN OF NEWPORT (New Hampshire Public Employee Labor Relations Board)

Supreme Court of New Hampshire.

October 27, 1995.

Attorney(s) appearing for the Case

Kidder & Upton, of Laconia (Bradley F. Kidder on the brief and orally), for the Town of Newport.

Craig, Wenners, Craig & Casinghino, P.A., of Manchester (Vincent A. Wenners, Jr. on the brief and orally), for AFSCME, Council No. 93.

H. Bernard Waugh, Jr., of Concord, by brief for the New Hampshire Municipal Association, as amicus curiae.

JOHNSON, J.

The Town of Newport (town) appeals a decision of the New Hampshire Public Employee Labor Relations Board (PELRB) to include certain employees within a new bargaining unit proposed by AFSCME, Council 93 (AFSCME). We reverse.

In April 1991, AFSCME filed a petition for certification of a proposed bargaining unit to be composed of twenty-three full-time and part-time employees in the town's highway, cemetery, recreation, water & sewer, and fire...

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