STATE OF MAINE MAINE LABOR RELATIONS BOARD Case No. 77-02 ______________________________________ ) GEORGE LORD and M.S.A.D. #41 ) EDUCATORS ASSOCIATION, Town of ) Milo, County of Piscataquis, ) State of Maine ) ) v. ) DECISION AND ORDER ) M.S.A.D. #41 BOARD OF DIRECTORS ) Town of Milo, County of Piscataquis, ) State of Maine ) ______________________________________) This case comes to the Maine Labor Relations Board by way of a Prohibited Practice Complaint dated July 20, 1976 and filed on July 23, 1976 by Milton R. Wright, UniServ Director. The Response to the aforesaid Complaint was dated August 4, 1976 and filed on August 5, 1976 by Bruce M. Leet, Director of Labor Relations, Maine School Management Association on behalf of the respondent. A Pre-Hearing Conference was held in this matter on Friday, August 13, 1976, at 11:00 a.m. in the Bureau of Labor Conference Room, Augusta, Maine, with Alternate Chairman Donald W. Webber presiding. As a result of that Pre-Hearing Conference, a Pre-Hearing Conference Memorandum and Order was issued by Mr. Webber on August 25, 1976, the contents of which are incorporated herein by reference, and which further provided that the matter would be heard by the Maine Labor Relations Board on briefs. Neither party filed a brief on or before September 3, 1976, as required by the Pre- Hearing Conference Memorandum and Order. The Maine Labor Relations Board meeting on September 28, 1976 examined the pleadings filed in this case and sent a letter dated September 28, 1976 to both parties notifying them of the failure to comply with the Pre-Hearing Conference Memorandum and Order and stating that if the briefs in this matter were not filed on or before October 6, 1976, the Board would consider either dismissal or default in this matter, pursuant to Rule 4.08 of the Rules and Procedures of the Maine Labor Relations Board. A brief dated October 6, 1976 was filed for the complainant by Milton B. Wright, UniServ Director, on October 6, 1976. The respondent failed to file a brief. JURISDICTION Neither party has challenged the jurisdiction of the Maine Labor Relations Board in this matter, and we conclude that this Board has jurisdiction to render a decision in this case as provided in 26 M.R.S.A. 968(5). FINDINGS OF FACT Upon review of the Pre-Hearing Conference Memorandum and Order and the Pleadings, the Board, finds: 1) The M.S.A.D. #41 Educators Association is the certified bargaining agent of teachers in M.S.A.D. #41. 2) At all times contained herein, George Lord has been and is employed as a teacher in M.S.A.D. #41. [-1-] ____________________________________________________________________________________ 3) At all times contained herein, George Lord has been and is President of the M.S.A.D. #41 Educators Association. 4) Representatives of the Association and the Board of Directors of M.S.A.D. #41 met on Thursday, July 1, 1976, at approximately 7:15 p.m. at the Penquis Valley High School Library for the purpose of negotiating a post 1975-76 contract for the Teachers Bargaining Unit. 5) Bruce Leet is the designated spokesperson for the respondent Board of Directors for the purposes of negotiations. 6) At the first negotiating session, Bruce Leet submitted, on behalf of the Board, to the Association's negotiators a "Proposed Collective Bargaining Agreement for the Teacher Bargaining Unit in M.S.A.D. #41 (Milo) for the period September 1976 through August 1979." (Attachment A) 7) The Board of Directors has proposed at Article VII of the Proposed Collective Bargaining Agreement a reduction in salary for each teacher represented by the Association in the amount of $2,000. In addition, at Article XV, the Board of Directors has proposed the elimination of health insurance coverage. The Board's spokesman, Mr. Leet, has cited "economic" and other reasons as partial justification for the above proposals and the Board's proposal at Article XV states "difficult economic conditions." 8) On April 29, 1976, the citizens of M.S.A.D. #41 at the District Budget Meeting adopted the 1976-77 District Budget as proposed by the Board of Directors which was an increase over the previous year's budget and which included an increase in the instructional salaries account. DECISION In the Pre-Hearing Conference Memorandum and Order, Mr. Webber ordered both parties to submit briefs according to an established schedule. Neither party submitted a brief as required by Mr. Webber's order and the Maine Labor Relations Board, meeting on September 28, 1976, conveyed to the parties a warning that either dismissal or default would be considered if briefs were not filed on or before October 6, 1976. The complainant in this case filed a brief on October 6, 1976. However, the respondent has failed to file a brief. Rule 4.08 of the Rules and Procedures of the Maine Labor Relations Board states: "Failure of a complainant to file a brief required by the presiding officer of a conference or hearing may be grounds for the dismissal of the complaint and failure of a respondent to file a brief required by the presiding officer of a conference or hearing may be grounds for entry of a default judgment against said respondent." We conclude that respondent, by not submitting the required brief, is in default. The complaint in this case charges respondent with a failure to bargain in good faith because of respondent's proposed reduction in salaries during collective bargaining. The respondent has cited economic reasons for the proposed reduction and complainant has introduced facts which indicate there were no valid reasons for the proposed reductions. The facts alleged in the complaint as modified by the Pre-Hearing Conference Memorandum and Order are sufficient to prove, by a preponderance of the evidence, a failure to bargain in good faith as required by 26 M.R.S.A. 965(1)(c) in violation of 26 M.R.S.A. 964(1)(e). The respondent has failed to show sufficient justification for -2- ____________________________________________________________________________________ the proposed reduction and by his default has closed further inquiry into the justification by this Board. We conclude that the conduct of the Respondent was a failure to bargain in good faith as required by 26 M.R.S.A. 965(1)(c) in violation of 26 M.R.S.A. 964(1)(e). ORDER On the basis of the foregoing findings of fact and by virtue of and pursuant to the powers granted to the Maine Labor Relations Board by the provisions of 968 of the Municipal Public Employees Labor Relations Act it is ORDERED: 1) That Maine School Administrative District #41 Board of Directors be found in DEFAULT. 2) That Maine School Administrative District #41 Board of Directors, their representatives, servants and agents, cease and desist from engaging in any acts prohibited by 26 M.R.S.A. 964(1), and especially from refusing to bargain collectively with the Bargaining Agent of its employees as required by 26 M.R.S.A. 965. 3) That within thirty (30) days from the date of this Order, the parties shall notify, in writing, the Maine Labor Relations Board at its offices in Augusta, Maine, of the steps they have taken to comply herewith. Dated at Augusta, Maine, this 29th day of October, 1976. MAINE LABOR RELATIONS BOARD /s/________________________________________ Walter E. Corey, Chairman /s/________________________________________ Robert D. Curley, Employer Representative /s/________________________________________ Michael Schoonjans, Employee Representative -3- ____________________________________________________________________________________