Appeal of Hillsborough County Nursing Home

Summary

The New Hampshire Supreme Court reviews a Public Employee Labor Relations Board decision holding that Hillsborough County Nursing Home committed an unfair labor practice by refusing to arbitrate employee grievances. The court distinguishes substantive from procedural arbitrability and holds that procedural challenges, including alleged untimeliness and failure to follow grievance procedures, must be decided by the arbitrator. The court affirms the PELRB's decision.

Holdings

1. Procedural arbitrability issues, including whether grievance procedures were followed, excused, or waived, are presumptively for the arbitrator to decide in the first instance rather than the PELRB or a court.
2. A party's assertion of procedural arbitrability defenses does not justify refusing to participate in arbitration; wrongful refusal to arbitrate a legitimate demand breaches the collective bargaining agreement and constitutes an unfair labor practice.

Questions Presented

1. Whether the PELRB or an arbitrator should decide the County's claims that the grievances were waived because the Union failed to comply with the collective bargaining agreement's grievance procedures and deadlines.
2. Whether the County committed an unfair labor practice by refusing to participate in arbitration based on its procedural arbitrability defenses.

Disposition

affirmed