New Hampshire's Public Employee Labor Relations Act included a section, RSA 273- A:13, that stated: "Strikes and other forms of job action by public employees are hereby declared to be unlawful." Negotiations between the Manchester Firefighters' Association and the city of Manchester for a new collective bargaining contract deteriorated when the union concluded that the city was no longer bargaining in good faith as the state's labor relations act required. The disillusioned members of the association began a "sickout," a form of job action in which members reported an inability to work because of illness. The results of this sickout left Manchester fire stations manned by half crews. The city obtained a ceaseand desist order from the New Hampshire Public Employee Relations Board, which was subsequently enforced by a state court against the association. The court also fined the association and its officers for noncompliance with the cease-and-desist order.

The association appealed the orders and injunction, claiming that the city had also broken the law by failing to perform its statutory duty to bargain in good faith. The association claimed that the city "provoked"
the strike and, therefore, was not entitled to seek fines and an injunction against the association. The city of Manchester disagreed and claimed the sickout endangered the public health and safety.

If Manchester has bargained in bad faith, should the city be allowed to seek a stoppage of the firefighters' sickout? Decide. [City of Manchester Firefighters' Association, 1979-81 PBC (CCH) ¶ 36,879, N.H. Sup. Ct.]