Appeal of State Employees' Association/Service Employees' International Union, Local 1984

I concur in Section IIB of the majority's opinion regarding the correct interpretation of RSA 273-A:11, II (2010). I disagree, however, with the majority's conclusion in Section IIA that "the PELRB erred as a matter of law" when it conducted the inquiry set forth in Appeal of Berlin Education Association, 125 N.H. 779, 485 A.2d 1038 (1984), and determined that the tutoring services at issue do not fall within the scope of an adjunct professor's duties. In reaching this conclusion, the majority fails to adhere to the standard of review established by RSA 541:13 (2007). Because this standard of…