STATE OF MAINE MAINE LABOR RELATIONS BOARD
Case. No. 78-03
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)
TEAMSTERS LOCAL UNION NO. 48, )
State, County and Municipal )
Workers in the State of Maine, )
)
Complainant ) DECISION AND ORDER
)
v. ) ON
)
CITY OF ELLSWORTH ) MOTIONS TO DISMISS
)
and )
)
ELLSWORTH AMERICAN, INC., )
)
Respondents )
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This case comes to the Maine Labor Relations Board by way of a prohibited prac-
tice complaint dated July 15, 1977, and filed by Richard R. Peluso, International
Trustee, Teamsters Local Union No. 48, on July 15, 1977. A Response and Motion to
Dismiss the aforesaid Complaint was filed in behalf of the Ellsworth American, Inc.,
and James Russell Wiggins by Gordon H. S. Scott, Esquire, on August 3, 1977. A
Response and Motion to Dismiss the aforesaid Complaint was filed in behalf of the
City of Ellsworth by Malcolm E. Morrell, Jr., Esquire, and Thomas C. Johnston, Esquire,
on August 4, 1977. A Response and Motion to Dismiss the Complaint was filed in be-
half of the Maine Labor Relations Board by Richard L. Hornbeck, Esquire, on August 4,
1977.
A pre-hearing conference was held in this matter at Augusta, Maine on August 9,
1977, at 9:30 a.m. 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 August 12, 1977, the contents of which are incorporated herein by refer-
ence and which further provided that, by agreement of the parties, the Maine Labor Re-
lations Board would be dismissed as a party Respondent. Pursuant to the Pre-Hearing
Conference Memorandum and Order, the Maine Labor Relations Board, meeting on August
16, 1977, examined the pleadings filed in this matter and decided to proceed with a
briefing schedule on the issues raised by the Motions to Dismiss. After receipt of
briefs, the Maine Labor Relations Board proceeded on September 30, 1977, to deliberate
on this case, Chairman Walter E. Corey presiding with Michael Schoonjans, Employee
Representative and Robert D. Curley, Employer Representative.
DECISION
The Motion to Dismiss filed in behalf of Ellsworth American, Inc., by Gordon H. S.
Scott, Esquire, moved to dismiss the Complaint as to the Ellsworth American and
James Russell Wiggins since the newspaper and its agents were not proper respondents
In this matter and the Complainant sought no relief against the newspaper or its agents.
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The parties agreed that James Russell Wiggins was not a respondent in this matter.
Upon a review of the pleadings and stipulated facts in this case, we find that the
City of Ellsworth is the employer of the police and fire department employees in
the City of Ellsworth. The Ellsworth American is not the employer of the employees
in the police and fire departments and furthermore is not a public employer as de-
fined in 26 M.R.S.A. 962(7). For a person or body to be subject to the prohibited
practice provision of the Municipal Public Employees Labor Relations Act, they must
be either a public employer as defined by 26 M.R.S.A. 962(7) or a representative
or agent of a public employer.
The Complaint filed by Teamsters Local Union No. 48 alleged that the Ellsworth
American was acting as an agent on behalf of the City of Ellsworth. No facts were
offered to support the allegation of agency. The Rules and Procedures of the Maine
Labor Relations Board require in Rule 4.03(4) that a complaint contain "a clear and
concise statement of the facts constituting the complaint, including the date and
place of occurrence of each particular act alleged . . . ." For the Maine Labor Rela-
tions Board to conduct an evidentiary hearing, there must be a factual dispute based
upon alleged facts which have been denied. We conclude that the Complaint and stipu-
lation of fact are not sufficient to support a good faith belief that the Ellsworth
American was acting as an agent of the City of Ellsworth. Additionally, the Complain-
ant has not sought any relief against the Ellsworth American. For the foregoing
reasons, we conclude that the Ellsworth American should not be required to participate
further as a party respondent and the Motion to Dismiss the Ellsworth American as a
party respondent should be and hereby is granted.
The Motion to Dismiss filed in behalf of the City of Ellsworth by Malcolm E.
Morrell, Jr., Esquire, and Thomas C. Johnston, Esquire, moved to dismiss the Complaint
as to the City of Ellsworth since the Complaint fails to state a claim for which re-
lief can be granted under 26 M.R.S.A. 963 or 964. Since we have previously dis-
missed the question of agency raised in the Complaint, it is unnecessary to repeat
that discussion here, but should note that the allegation of agency between the Ells-
worth American and the City of Ellsworth is not supported by sufficient factual alle-
gations. The remaining allegations complaining of conduct of the City of Ellsworth are
1) that the City of Ellsworth was the source of information as to the articles contained
in the Ellsworth American and 2) that the City of Ellsworth supplied the Ellsworth
American with the names and addresses of the employees of the police and fire units.
We conclude that the above-listed allegations in and of themselves are not sufficient
as a matter of law to support a charge of a prohibited practice. The stipulated facts
and pleadings were insufficient to establish that any of the acts allegedly comitted
by the respondent City of Ellsworth were prompted by purposes violative of Section 964,
paragraph 1 of the Act. We conclude that the Motion to Dismiss the City of Ellsworth
as a party respondent should be and hereby is granted.
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ORDER
Based on the foregoing findings of fact and by virtue of and pursuant
to the authority granted to the Maine Labor Relations Board by the Municipal
Public Employees Labor Relations Act, it is hereby ORDERED:
1) that the Complaint filed with the Maine Labor
Relations Board by Richard R. Peluso on July
15, 1977, is hereby DISMISSED.
Dated at Augusta, Maine, this 12th day of October, 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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