Appeal of University System of New Hampshire ( 2016 )

THE STATE OF NEW HAMPSHIRE
SUPREME COURT
In Case Nos. 2015-0434 and 2015-0516, Appeal of
University System of New Hampshire, the court on June 22,
2016, issued the following order:
Having considered the briefs and oral arguments of the parties, the court
concludes that a formal written opinion is unnecessary in this case. The
appellant, the University System of New Hampshire (USNH), appeals a decision
of the New Hampshire Public Employee Labor Relations Board (PELRB), which
ruled that USNH’s request for review and rehearing of a hearing officer’s
decision to include two University of New Hampshire School of Law faculty
members in the collective bargaining unit was untimely. The PELRB
determined that USNH’s request was untimely because: (1) the request for
review was filed after 30 days had passed since the hearing officer’s decision, in
violation of New Hampshire Administrative Rules, see N.H. Admin. Rules, Pub
205.01; and (2) the request for rehearing did not follow a decision of the PELRB
itself, and a timely request for review of the hearing officer’s decision had not
been filed, see N.H. Admin. Rules, Pub 205.02. On appeal, USNH argues that:
(1) the PELRB unlawfully and unconstitutionally deprived USNH of any
meaningful review of the hearing officer’s decision; (2) the PELRB erred when it
determined that USNH’s request for review was untimely; and (3) the hearing
officer erred, as a matter of law, by adding the two faculty members at issue to
the bargaining unit.
Because USNH has not requested that the case be remanded to the
PELRB but seeks a reversal of the hearing officer’s decision on the merits, we
will assume that USNH’s request for review was timely. As the appealing party,
USNH has the burden of demonstrating reversible error. See Gallo v. Traina,
166 N.H. 737, 740 (2014); see also RSA 541:13 (2007). Based upon our review
of the decision below, USNH’s challenges to it, and the record submitted on
appeal, we conclude that USNH has not demonstrated reversible error. See id.Affirmed.
DALIANIS, C.J., and LYNN and BASSETT, JJ., concurred.
Eileen Fox,
Clerk