Appeal of International Brotherhood of Police Officers

The language of RSA 273-A:1, IX is plain and unambiguous. It defines “public employee” and “expressly excludes ‘persons in a probationary or temporary status’ from the definition.” Appeal of Town of Conway, 121 N.H. 372, 373 (1981).

I agree with the town that because the Public Employee Labor Relations Act specifically excludes probationary employees from the definition of public employees, RSA 273-A:5 provides no protection in their hiring or tenure. The word “employee” is merely an abbreviated form of “public employee” and thus, by definition, does not include probationary employees.

The…