Keene School District v. Keene Education Association, NEA-NH

Summary

The New Hampshire Supreme Court affirmed the denial of the Keene School District’s petition to modify, correct, or vacate an arbitration award concerning delayed early-retirement stipend payments to two teachers. The court held that the arbitrator acted within the scope of the parties’ submission, did not plainly misinterpret the collective bargaining agreement, and properly rejected the School District’s past-practice argument for lack of mutuality. The court also concluded that the award merely permitted the teachers to pursue their statutory retirement benefits and did not direct the New Hampshire Retirement System to take any action.

Holdings

1. The arbitrator acted within the scope of the parties' submission by addressing whether the delayed stipend payments violated the collective bargaining agreement, including the School District's asserted justification that the delay avoided New Hampshire Retirement System deductions and contributions.
2. Section 14.4 did not restrict New Hampshire Retirement System payments required by statute when the early-retirement stipend itself was paid.
3. The arbitrator did not plainly err by rejecting the School District's past-practice defense because the record did not establish mutual knowledge and acceptance of the delayed-payment practice by the parties.
4. The arbitrator did not exceed his authority because the award merely stated that the teachers may pursue their statutorily entitled retirement benefits with the New Hampshire Retirement System and did not direct either the teachers or the retirement system to take any action.

Questions Presented

1. Whether the arbitrator exceeded his authority by considering whether the early-retirement stipend payments were subject to required New Hampshire Retirement System contributions.
2. Whether the arbitrator plainly misinterpreted the collective bargaining agreement's provision limiting early-retirement benefits by concluding that it did not bar statutory New Hampshire Retirement System contributions.
3. Whether the arbitrator plainly erred by rejecting the School District's asserted past practice of delaying the first early-retirement stipend payment.
4. Whether the arbitrator exceeded his authority by stating that the teachers could pursue their statutorily entitled retirement benefits with the New Hampshire Retirement System.

Disposition

affirmed