STATE OF MAINE MAINE LABOR RELATIONS BOARD
Case No. 77-07
__________________________________
)
JOHN GLOVER and M.S.A.D. #68 )
TEACHERS ASSOCIATION, Town of )
Dover-Foxcroft, County of )
Piscataquis, State of Maine, )
)
Complainants, )
)
vs. ) DECISION AND ORDER
)
M.S.A.D. #68 BOARD OF DIRECTORS )
and JOINT BOARD OF DIRECTORS OF )
FOXCROFT ACADEMY, Town of Dover- )
Foxcroft, County of Piscataquis, )
State of Maine, )
)
Respondents. )
__________________________________)
This case comes to the Maine Labor Relations Board by way of a prohibited
practice complaint dated August 25, 1976, and filed by Milton R. Wright, Penquis
UniServ Director, on August 30, 1976. The response to the aforesaid complaint
was filed with the Board by Bruce M. Leet, Director of Labor Relations, Maine
School Management Association, on September 21, 1976.
A pre-hearing conference was held in this matter on Tuesday, October 19,
1976, at 9:30 a.m. in the Bureau of Labor Conference Room, Augusta, Maine with
Alternate Chairman, Donald W. Webber, presiding. As a result of the pre-hearing
conference, a Pre-Hearing Conference Memorandum and Order was issued by Mr. Webber
on October 21, 1976, the contents of which are incorporated herein by reference.
A hearing in this matter was held on Tuesday, November 23, 1976, at 9:30 a.m.
(EST) in the Portland Jetport Conference Room, Portland, Maine.
The Maine Labor Relations Board meeting on November 23, 1976, and January 20,
1977, in Portland, Maine, proceeded to deliberate on this case, Chairman Walter
E. Corey presiding with Michael Schoonjans, Employee Representative, and Robert D.
Curley, Employer Representative.
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 hear
and render a decision in this case as provided in 26 M.R.S.A. Section 968(5).
FINDINGS OF FACT
Upon review of the testimony given at the hearing, as well as the Pre-Hearing
Conference Memorandum and the pleadings, the Board finds:
1. The M.S.A.D. #68 Teachers Association, hereinafter
referred to as the Association, is the recognized
bargaining agent for a bargaining unit of teachers
employed in M.S.A.D. #68 and Foxcroft Academy.
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2. The M.S.A.D. #68 Board of Directors and the Joint
Board of Directors of Foxcroft Academy, hereinafter
referred to as the Directors, are the employers of
the teachers represented by the Association.
3. John Glover has been and is employed as a teacher
at Foxcroft Academy.
4. Tentative agreements were reached with respect to
Article VI, Work Year, paragraphs A, B, C, D, F, G and H.
5. The Directors attempted to renegotiate items which had
been tentatively agreed to at prior negotiation sessions.
6. There are and have been no written "ground rules"
governing the conduct of negotiations.
7. The only "ground rule" orally agreed upon limited
negotiation sessions to two hours each session.
DECISION
Title 26 M.R.S.A. 965(1) states "It shall be the obligation of the
public employer and the bargaining agent to bargain collectively. Collective
bargaining means, for the purpose of this chapter, their mutual obligation...
(C) To confer and negotiate in good faith with respect to wages, hours, working
conditions and contract grievance arbitration... ." The prohibited practice
complaint in this case charges the Directors with 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) by withdrawing tentative agreements in the course of negotiations. The
parties have agreed that there were no ground rules concerning the effect of
tentative agreements and that a tentative agreement was reached with respect to
Article VI, Work Year, paragraphs A, B, C, D, F, G and H. The Directors
attempted to renegotiate some of the items which had been tentatively agreed to
at prior negotiation sessions.
In Van Buren Education Association v. Maine School Administrative District
No. 24, MLRB Case #76-08, we found that absent ground rules, a tentative agree-
ment may be a final agreement unless the parties have agreed otherwise in the
ground rules. To negotiate and renegotiate items without some finality on the
items discussed would result in fruitless marathon bargaining sessions and is
against the policy of promoting agreement through the collective bargaining
process. It is public policy to encourage the parties to reach final agreement.
Therefore, once an item is agreed to at the bargaining table, the item should not
be reintroduced for negotiation unless the ground rules specifically provide for
its reintroduction.
In this case the ground rules do not provide for the reintroduction of
tentative agreements and absent a ground rule, we find a strong presumption that
the tentative agreements are binding on the parties. Since the withdrawal
occurred, we are encouraged by the revived good will and the efforts by both parties
to reach agreement, but the subsequent acts do not mitigate the prior unlawful
conduct. We conclude that the withdrawal of the tentative agreement is 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).
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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 Section 968 of the Municipal Public Employees Labor Relations
Act, it is ORDERED:
1. That the M.S.A.D. #68 Board of Directors and
Joint Board of Directors of Foxcroft Academy,
their representatives, servants and agents,
cease and desist from engaging in any of the
acts prohibited by 26 M.R.S.A. 964(1) and
especially from refusing to bargain collectively
with the bargaining agent of the employees as
required by Section 965 of the Municipal Public
Employees Labor Relations Law.
2. That within thirty (30) days from the date of this
Order, the parties shall notify, in writing, the
Maine Labor Relations Board at its office in
Augusta, Maine, of the steps they have taken to
comply herewith.
Dated at Augusta, Maine, this 7th day of February 1977.
MAINE LABOR RELATIONS BOARD
/s/___________________________________________
Walter E. Corey, Chairman
/s/___________________________________________
Robert D. Curley, Employer Representative
/s/___________________________________________
Michael Schoonjans, Employee Representative
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