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NOTICE: This opinion is subject to motions for rehearing under Rule 22 as well as formal revision before publication in the New Hampshire Reports. Readers are requested to notify the Reporter, Supreme Court of New Hampshire, One Charles Doe Drive, Concord, New Hampshire 03301, of any editorial errors in order that corrections may be made before the opinion goes to press. Errors may be reported by E-mail at the following address: reporter@courts.state.nh.us. Opinions are available on the Internet by 9:00 a.m. on the morning of their release. The direct address of the court's home page is: http://www.courts.state.nh.us/supreme. THE SUPREME COURT OF NEW HAMPSHIRE ___________________________ Public Employee Labor Relations Board No. 2007-112 APPEAL OF STATE EMPLOYEES' ASSOCIATION OF NEW HAMPSHIRE (New Hampshire Public Employee Labor Relations Board) Argued: September 19, 2007 Opinion Issued: December 6, 2007 Nolan Perroni Harrington, LLP, of Lowell, Massachusetts (Peter J. Perroni on the brief and orally), for the petitioner. Cook & Molan, P.A., of Concord (Glenn R. Milner on the brief and orally), for the respondent. BRODERICK, C.J. The State Employees' Association of New Hampshire, Inc., SEIU Local 1984 (SEA), appeals an order of the New Hampshire Public Employee Labor Relations Board (PELRB) permitting untimely representation elections for two newly certified bargaining units within the New Hampshire Department of Fish and Game (Fish and Game). We affirm. The record supports the following facts. On September 12, 2006, the New England Police Benevolent Association, Inc., Locals 40 and 45 (NEPBA) filed two "Petition[s] for Certification and/or, in the alternative, Modification of Bargaining Unit" with the PELRB. NEPBA sought to create new bargaining units for certified law enforcement officers working at Fish and Game. One unit was to include rank-and-file conservation officers, while the other would cover conservation officer supervisors. Together, these two groups would

include approximately forty individuals; NEPBA did not seek to replace SEA as the representative of the larger bargaining unit covering all other classified Fish and Game employees. At the time of NEPBA's filing, Fish and Game employees

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New Hampshire Law