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NH Supreme Court says corrections officers not entitled to pay for fitness testing
By www.concordmonitor.com - Maddie Hanna
Published: 10/31/2012

NH - State corrections officers have lost a bid to be compensated for participating in mandatory fitness testing under a state Supreme Court opinion issued yesterday.

The court reversed a decision by the state’s Public Employees Labor Relations Board, which found the Department of Corrections had engaged in an unfair labor practice by changing a policy of compensating officers for time spent in fitness testing – about 11∕2 hours every three years – without negotiating the change in a collective bargaining agreement.

But the board didn’t have evidence that employees were given time off or awarded compensatory time for the testing in the past, the justices said in the opinion. They said compensating employees for the testing couldn’t be considered a “past practice,” meaning the department had the right to change it without negotiating.

Corrections spokesman Jeff Lyons, who didn’t comment yesterday on the opinion, said the physical fitness requirement for corrections officers is set by the state’s Police Standards and Training Council, which requires the certification.

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