Merrimack County commissioners deny union grievance alleging promotion process violations at corrections facility

MERRIMACK COUNTY — Commissioners on the Merrimack County board heard a union grievance alleging multiple violations of Article 14 of the corrections bargaining agreement after a lieutenant position was filled externally.

Giovanna Peruzzi, the NCU labor representative, told the board the union’s view that "this lieutenant position was awarded to a nonqualified individual" and that two bargaining-unit sergeants were not given the opportunity to interview or the required written nonselection notices. The union asked the commissioners to readminister the process to ensure the contract was followed; it did not seek monetary relief.

Mark Brough, legal counsel to the county, summarized materials provided to commissioners in advance, including the grievance, management’s response and the contract language. County staff and the superintendent’s representative presented a timeline showing the position was posted Aug. 6, internal notices were sent, interviews and testing were scheduled in August and September, and Joshua Warren received a conditional offer in mid-September and an official selection later that month.

Management told the board that one internal candidate missed a scheduled interview and that promotional testing and interview scores supported the decision; staff said the county posts internally for seven days, then seeks outside candidates if there is a nonselection, and that the selected candidate was considered "certifiable" even if not yet certified by the New Hampshire Association of Counties.

Legal counsel explained commissioners have 10 days to issue a written decision on the step-3 grievance; if either party is dissatisfied, the union may proceed to arbitration. While still on the public record the commissioners' body later moved, seconded and voted to deny the grievance presented by the NCU.

The board's decision does not close the union's options: Peruzzi and the union may pursue arbitration under the contract. Commissioners said they would take the submissions under advisement and issue a written decision to the parties.

What comes next: The county will issue a written decision within the 10-day period described by counsel; the union may elect to file for arbitration if it continues to dispute the outcome.