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. [-1-] _____________________________________________________________________________________ 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). -2- _____________________________________________________________________________________ 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 -3- _____________________________________________________________________________________