The New Hampshire Troopers Association alleged that the State violated the CBA by denying Sergeant Nathan Johnston two specific benefits during his leave: a 2% across-the-board wage increase that took effect in July 2024, and holiday pay accrual. The Association argued this constituted an unfair labor practice and sought to have Johnston made whole. The State defended its position by asserting that an employee on leave due to a work-related disability was not entitled to accrue holidays or see a change in his rate of pay.
Article 19.2.2 of the CBA provided for a 2% wage increase. The State argued, and the New Hampshire Public Employee Labor Relations Board (PELRB) agreed, that this language referred to an upward adjustment of the entire wage schedule for active employees. Since Johnston was not an active employee receiving a salary from that schedule, but was instead in a leave status and receiving workers’ compensation, he fell outside the scope of this provision. The PELRB found that “nothing in Article 19.2.2 (or any other CBA provision) establishes a compensation scheme under which Sgt. Johnston is entitled to receive a [new] salary (or a portion thereof equal to the disputed 2% increase) while absent from work and receiving workers compensation.”
Concerning the holiday pay claim under Article 9.1, the PELRB concluded that Johnston was similarly ineligible. Article 9.1 specified time-and-half pay for scenarios such as when a “holiday falls on an employee’s regularly scheduled day off,” when an “employee is required to work on a calendar holiday,” or when an “employee is scheduled to work a holiday.” As the PELRB noted, “the plain language of Article 9 means that it only applies to employees who are on the work schedule and have scheduled shifts and scheduled days off.”
As Johnston was not on the work schedule, had no scheduled days off, and was not required to work, the Board concluded he was not eligible for holiday pay under the terms of the CBA. Thus, the complaint was dismissed.
N.H. Dept. of Safety, Decision No. 2025-220 (NH PELRB 2025).