HB 1472 - AS INTRODUCED
2022 SESSION
22-2628
04/11
HOUSE BILL 1472
AN ACT prohibiting anti-union activities by employers.
SPONSORS: Rep. Labranche, Hills. 22; Rep. Gallager, Merr. 15; Rep. Laughton, Hills. 31; Rep.
Adjutant, Graf. 17; Rep. Ellison, Merr. 27; Rep. Grassie, Straf. 11; Rep. Bouchard,
Hills. 11
COMMITTEE: Labor, Industrial and Rehabilitative Services
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ANALYSIS
This bill prohibits an employer from engaging in anti-union activities.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
HB 1472 - AS INTRODUCED
22-2628
04/11
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Two
AN ACT prohibiting anti-union activities by employers.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 1 New Section; Labor; Protective Legislation; Anti-Union Activities Prohibited. Amend RSA 275
2 by inserting after section 1 the following new section:
3 275:1-a Anti-Union Activities Prohibited.
4 I. No employer shall promise, threaten, or take any action:
5 (a) To permanently replace an employee who participates in a strike as defined by
6 section 501(2) of the Labor Management Relations Act, 1947 (29 U.S.C. 142(2)), not prohibited under
7 state law;
8 (b) To discriminate against an employee who is working or has unconditionally offered to
9 return to work for the employer because the employee supported or participated in such a strike; or
10 (c) To lockout, suspend, or otherwise withhold employment from employees in order to
11 influence the position of such employees or the representative of such employees in collective
12 bargaining prior to a strike.
13 II. No employer shall engage in anti-union training of any kind, including requiring or
14 coercing an employee to view a video that casts unions in a negative light.
15 2 Effective Date. This act shall take effect 60 days after its passage.
HB 1472 - AS INTRODUCED
LBA
22-2628
10/18/21
HB - FISCAL NOTE
AS INTRODUCED
AN ACT prohibiting anti-union activities by employers.
FISCAL IMPACT: [ X ] State [ X ] County [ ] Local [ ] None
Estimated Increase / (Decrease)
STATE: FY 2022 FY 2023 FY 2024 FY 2025
Appropriation $0 $0 $0 $0
Revenue $0 $0 $0 $0
Indeterminable Indeterminable Indeterminable
Expenditures $0
Increase Increase Increase
Funding Source: [ X ] General [ ] Education [ ] Highway [ ] Other
COUNTY:
Revenue $0 $0 $0 $0
Indeterminable Indeterminable Indeterminable
Expenditures $0
Increase Increase Increase
METHODOLOGY:
This bill contains penalties that may have an impact on the New Hampshire judicial and
correctional systems. There is no method to determine how many charges would be brought as a
result of the changes contained in this bill to determine the fiscal impact on expenditures.
However, the entities impacted have provided the potential costs associated with these penalties
below.
Judicial Council FY 2022 FY 2023
Public Defender Program Has contract with State to Has contract with State to
provide services. provide services.
Contract Attorney – Felony $825/Case $825/Case
Contract Attorney – $300/Case $300/Case
Misdemeanor
Assigned Counsel – Felony $60/Hour up to $4,100 $60/Hour up to $4,100
Assigned Counsel – $60/Hour up to $1,400 $60/Hour up to $1,400
Misdemeanor
It should be noted that a person needs to be found indigent and have the potential of being incarcerated to
be eligible for indigent defense services. Historically, approximately 85% of the indigent defense caseload
has been handled by the public defender program, with the remaining cases going to contract attorneys
(14%) or assigned counsel (1%). Beginning in March of 2021, the public defender program has had to close
intake to new cases due to excessive caseloads. Due to these closures, the contract and assigned counsel
program have had to absorb significantly more cases. The system is experiencing significant delays in
appointing counsel and the costs of representation have increased due to travel time and multiple
appointments.
Department of Corrections FY 2022 FY 2023
FY 2021 Average Cost of $54,386 $54,386
Incarcerating an Individual
FY 2021 Annual Marginal
Cost of a General Population $5,715 $5,715
Inmate
FY 2021 Average Cost of
Supervising an Individual on $603 $603
Parole/Probation
NH Association of Counties FY 2022 FY 2023
County Prosecution Costs Indeterminable Indeterminable
Estimated Average Daily Cost $105 to $125 $105 to $125
of Incarcerating an Individual
This bill contains penalties that will have an indeterminable impact on the Judicial Branch
system. There is no method to determine how many charges would be brought as a result of the
changes contained in this bill to determine the fiscal impact on expenditures. In the past the
Judicial Branch has used averaged caseload data based on time studies to estimate the fiscal
impact of proposed legislation. The per case data on costs for routine criminal cases currently
available to the Judicial Branch are based on studies of judicial and clerical weighted caseload
times for processing average routine criminal cases that are more than fifteen years old so the
data does not have current validity. A new case study is being conducted and updated estimates
will be available in the future.
Many offenses are prosecuted by local and county prosecutors. When the Department of Justice
has investigative and prosecutorial responsibility or is involved in an appeal, the Department
may be able to absorb the cost within its existing budget. However, if the Department needs to
prosecute significantly more cases or handle more appeals, then costs will increase by an
indeterminable amount.
AGENCIES CONTACTED:
Judicial Branch, Departments of Corrections and Justice, Judicial Council, and New Hampshire
Association of Counties