STATE OF MAINE MAINE LABOR RELATIONS BOARD Case No. 77-24 _______________________________ ) GEORGE LORD AND M.S.A.D. #41 ) EDUCATORS ASSOCIATION, Town of ) Milo, County of Piscataquis, ) State of Maine, ) ) Complainants ) ) vs. ) DEFAULT JUDGMENT ) M.S.A.D. #41 BOARD OF ) DIRECTORS, Town of Milo, ) County of Piscataquis, ) State of Maine, ) ) Respondent ) _______________________________) This case comes to the Maine Labor Relations Board by way of a Prohibited Practice Complaint dated November 4, 1976 and filed by Milton R. Wright, Penquis UniServ District Director, on November 10, 1976. The Response to the aforesaid Complaint was dated November 22, 1976 and filed by Bruce M. Leet, Director of Labor Relations, Maine School Management, on November 23, 1976. A pre-hearing conference was held in this matter on Tuesday, December 21, 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 December 22, 1976, the contents of which are incorporated herein by reference, and which further provided that there were no disputed fact issues and the matter would be presented to the Board on briefs. The Maine Labor Relations Board meeting on February 22, 1977, in Portland, Maine, proceeded to deliberate on this case, Chairman Walter E. Corey presiding, with Robert D. Curley, Employer Representative, and Michael Schoonjans, Employee Representative. JURISDICTION Neither party has disputed 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. 968(5). FINDINGS OF FACT Upon review of the Pre-hearing Conference Memorandum and the pleadings, as well as the records of the Maine Labor Relations Board, we find that: [-1-] ____________________________________________________________________________________ 1. At all times material herein, the M.S.A.D. #41 Educators Association (hereinafter referred to as the Association) was the certified bargaining agent for teachers in M.S.A.D. #41. 2. At all times material herein, George Lord was employed as a teacher in M.S.A.D. #41 and the president of the M.S.A.D. #41 Educators Asso- ciation. 3. On or about December 18, 1975, Bruce Leet was hired by M.S.A.D. #41 Board of Directors to conduct all negotiations for M.S.A.D. #41 Board of Directors (hereinafter referred to as the Directors). 4. Contract negotiations were held between the Asso- ciation and the Directors on July 1, 1976; July 15, 1976; July 22, 1976; July 28, 1976; August 9, 1976 and August 10, 1976. 5. At the end of the negotiation session on August 23, 1976, Directors Chief Negotiator, Bruce Leet, tendered to the Association new contract proposals on Article VII - Salaries, Article XIII - Dues Deductions, Article XVIII - Union Privileges, Article XXII - Discipline and Article XXIII - Hours of Work, and thereafter no negotiations were con- ducted by the parties with respect to said proposals. 6. The next negotiation session subsequent to the August 23, 1976 session occurred on September 9, 1976. 7. A request for fact finding dated August 30, 1976 and signed by Bruce Leet as petitioner and chief negotia- tor was filed with the Maine Labor Relations Board on August 31, 1976, which contained an attached list of 26 issues in controversy including the five articles contained in paragraph #5 above. 8. The total cost assessed to the Association for the services of the fact finders as a result of the request dated August 30, 1976 was $1,212.83. 9. The Pre-hearing Conference Memorandum and Order by Mr. Webber, dated December 22, 1976, ordered the parties to file memoranda of law with the Maine Labor Relations Board and to each other by mailing same on or before January 21, 1977, and that they file reply memoranda of law by mailing same to the Maine Labor Relations Board and to each other on or before February 1, 1977. 10. A memorandum of law dated January 21, 1977 by Milton Wright on behalf of the Association was received by the Maine Labor Relations Board on January 24, 1977. The Maine Labor Relations Board, as of February 22, 1977, had not received a memorandum of law on behalf of the M.S.A.D. #41 Board of Directors. -2- ____________________________________________________________________________________ 11. On January 26, 1977, a Motion for a Judgment by Default was filed with the Maine Labor Relations by Milton Wright, alleging the Directors were in default and requesting a Judgment by Default with the appropriate relief be rendered against the Directors. DECISION Rule 4.08 of the Rules and Procedures of the Maine Labor Relations Board states that the "failure of a respondent to file a brief required by the pre- siding officer of a conference or hearing may be grounds for entry of a default judgment against said respondent." The respondent in this case has failed to comply with the order issued by Mr. Webber, the presiding officer at the pre- hearing conference, on December 22, 1976, which required memoranda of law be mailed to the Maine Labor Relations Board on or before January 21, 1977, and reply memoranda of law on or before February 1, 1977. Since the respondent has abused the procedures of this Board, we find respondent in default. JUDGMENT FOR PLAINTIFF. ORDER On the basis of the foregoing discussion 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. #41 Board of Directors, 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 the M.S.A.D. #41 Board of Directors forthwith pay the M.S.A.D. #41 Educators Association compensa- tory damages attributable to the violation of 26 M.R.S.A. 964(1)(E) of $233.24, together with legal interest. 3. That within thirty days from the date of this Order, the M.S.A.D. #41 Board of Directors 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 25th day of March, 1977. MAINE LABOR RELATIONS BOARD /s/________________________________________ Walter E. Corey, Chairman /s/________________________________________ Robert D. Curley, Employer Reprentative /s/________________________________________ Michael Schoonjans, Employee Representative -3- ____________________________________________________________________________________