New Hampshire Code of Administrative Rules
Pub - Public Employee Labor Relations Board
Chapter Pub 300 - PUBLIC EMPLOYEE LABOR RELATIONS
Part Pub 302 - DETERMINATION OF APPROPRIATE BARGAINING UNITS
Section Pub 302.01 - Mutually Agreed Bargaining Units

(a) An employee organization seeking to become the exclusive representative of a bargaining unit shall, in petitioning the board for an election under Pub 301.01, identify how employees shall be grouped together for the purpose of collective bargaining. Before a hearing is ordered on their petition, that employee organization shall contact the public employer with the intent to reach agreement with the public employer whose employees it seeks to represent. If the employee organization succeeds in reaching agreement with the public employer on this question, the petition required by Pub 301.01 shall contain a statement to that effect signed by both parties.

(b) Discussions between a public employer and an employee organization pursuant to (a) above shall not be construed as evidence of recognition by the public employer of any bargaining rights in the employee organization. Agreement between a public employer and an employee organization shall not prejudice the rights of any intervenor not participating in such discussions and shall not be binding on the board.