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APPEAL OF LACONIA SCH. DIST.

No. 2002-670.

150 N.H. 495 (2004)

APPEAL OF LACONIA SCHOOL DISTRICT (New Hampshire Public Employee Labor Relations Board).

Supreme Court of New Hampshire.

Opinion Issued: January 30, 2004.

Attorney(s) appearing for the Case

Fitzgerald, Sessler & Nichols, P.A., of Laconia (Paul T. Fitzgerald on the brief and orally), for the petitioner.

Steven R. Sacks, of Concord, staff attorney, NEA-New Hampshire, by brief and orally, for the respondent.

BROCK, C.J., retired, specially assigned under RSA 490:3.

The petitioner, the Laconia School District (district), appeals a decision of the public employee labor relations board (PELRB) that the PELRB lacked jurisdiction to review an arbitrator's award. We affirm.

In 2000, the district reassigned a middle school teacher, Robert Gunther, to an elementary school teaching position. Believing that the reassignment was disciplinary in nature based on the teacher...

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