New Hampshire Bill HB 1704 Sparks Debate Over Public Employee Bargaining

A proposed New Hampshire bill, HB 1704, is generating controversy by seeking to allow public employees to bargain individually with their employers, bypassing traditional collective bargaining processes. The bill has drawn criticism from those in local government who fear it will create administrative burdens and potentially increase costs for taxpayers.

What Does HB 1704 Propose?

HB 1704 would permit public employees in New Hampshire to negotiate directly with their employers over terms of employment, including pay, hours, and working conditions, without the involvement of a union or bargaining agent [1]. This means each employee could potentially negotiate their own individual contract.

Concerns from Local Government Officials

Town and city managers, selectboards, councils, and aldermen have voiced concerns that the bill would lead to a chaotic and inefficient system. Todd Selig, the Town Manager of Durham, describes the potential outcome as a “contract circus,” arguing that it would move away from consistent pay scales and standardized work rules [2], [3].

Currently, municipalities rely on established pay scales and benefits structures. HB 1704 would prevent municipalities from setting terms for non-union employees that match existing collective bargaining agreements, potentially leading to a patchwork of individual agreements [2].

Potential Impacts

• Increased Administrative Costs: Each individual contract would require negotiation, tracking, and potential legal defense, increasing the workload for human resources and legal departments.
• Risk of Pay Equity Issues: Varied individual agreements could raise concerns about pay equity and discrimination claims.
• Erosion of Local Control: The bill would impose a statewide rule, limiting the ability of local governments to determine bargaining unit composition and flexibility.
• Unequal Bargaining Power: Individual employees may be at a disadvantage when negotiating with management backed by HR and legal counsel.

Exemption for Certain Public Safety Personnel

Notably, HB 1704 exempts police officers, firefighters, EMS personnel, and corrections officers from this individual bargaining scheme [2]. Critics point out that this exclusion benefits those with strong union representation, whereas other public employees would be subject to the proposed changes.

Legislative Status

As of January 7, 2026, HB 1704 was introduced and referred to the Labor, Industrial and Rehabilitative Services committee [4]. A public hearing was held on January 27, 2026 [4].

HB 1704 represents a significant potential shift in how New Hampshire’s public employees negotiate their terms of employment. The debate centers on whether it will empower individual employees or create an unmanageable system for local governments and taxpayers.