In Re Merrimack County (Nh Pelrb)

Because I believe that the arbitrator fashioned his own brand of industrial justice, and that affirming the PELRB’s decision threatens to create unnecessary uncertainty in our state’s labor law jurisprudence, I respectfully dissent. I first explain why I disagree with the majority’s analysis, and then set forth how I would resolve this case.

I

The arbitral submission asked the arbitrator to resolve the following inquiry: ‘Whether there was just cause for the County to terminate Ms. Foote under the collective bargaining agreement? If not, what shall the remedy be?” The majority holds that this…