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IN RE NEW HAMPSHIRE DEPT. OF CORRECTIONS

No. 2011-639.

55 A.3d 1005 (2012)

164 N.H. 307

Appeal of NEW HAMPSHIRE DEPARTMENT OF CORRECTIONS (New Hampshire Public Employee Labor Relations Board).

Supreme Court of New Hampshire.

Opinion Issued: October 30, 2012.

Attorney(s) appearing for the Case

Nolan Perroni Harrington, LLP, of Lowell, Massachusetts ( Kevin E. Buck on the brief and orally), for the petitioner.

Michael A. Delaney , attorney general ( Lynmarie C. Cusack , assistant attorney general, on the brief and orally), for the respondent.

DALIANIS, C.J.

The respondent, the New Hampshire Department of Corrections (DOC), appeals an order of the New Hampshire Public Employee Labor Relations Board (PELRB) finding that the DOC had a valid and binding past practice of compensating employees for their time spent completing a mandatory fitness test, and that by changing this past practice unilaterally, the DOC committed an unfair labor practice. We reverse and remand.

The PELRB found, or the record...

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