STATE OF MAINE MAINE LABOR RELATIONS BOARD
Case No. 77-02
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)
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 )
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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.
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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
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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
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