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APPEAL OF CITY OF PORTSMOUTH, BD. OF FIRE COMM'RS

No. 94-256.

140 N.H. 435 (1995)

APPEAL OF CITY OF PORTSMOUTH, BOARD OF FIRE COMMISSIONERS (New Hampshire Public Employee Labor Relations Board)

Supreme Court of New Hampshire.

November 15, 1995.

Attorney(s) appearing for the Case

Thomas E. Cayten, of Portsmouth, by brief and orally, for the petitioner.

Cook & Molan, P.A., of Concord (Shawn J. Sullivan on the brief and orally), for the respondent.

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

HORTON, J.

The petitioner, the Board of Fire Commissioners of the City of Portsmouth (the fire commission), appeals the ruling of the New Hampshire Public Employee Labor Relations Board (PELRB) that a fire commissioner's comments reported in a local newspaper were an unfair labor practice in violation of RSA 273-A:5, I(a) and (b) (1987). The fire commission argues that the comments were an exercise of free speech protected by the State and Federal Constitutions and...

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