STATE OF MAINE MAINE LABOR RELATIONS BOARD Case No. 78-10 ______________________________ ) MSAD #45 TEACHERS ASSOCIATION ) ) Complainant ) ) vs ) DECISION AND ORDER ) MSAD #45 BOARD OF DIRECTORS ) ) Respondent ) ______________________________) This case comes to the Maine Labor Relations Board by way of a Prohibited Prac- tice Complaint dated September 20, 1977, and filed by Roger Kelley, Northern Maine UniServ Director and representative of MSAD #45 Teachers Association, on September 26, 1977. The Response to the Prohibited Practice Complaint and a Motion to Dismiss was dated October 17, 1977, and filed by F. Paul Frinsko, Attorney for MSAD #45 Board of Directors, on October 18, 1977. A pre-hearing conference was held in this matter on Tuesday, November 14, 1977, 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 December 23, 1977, the contents of which are incorporated herein by reference. JURISDICTION Neither party has challenged the jurisdiction of the Maine Labor Relations Board in this matter and we conclude that the Board has jurisdiction to hear and render a decision in this case as provided by 26 M.R.S.A. Section 968(5). FINDINGS OF FACT As a result of the pleadings and the Pre-hearing Conference Memorandum and Order, the Board finds that: 1. At all times material herein, the Complainant and the Respondent were parties to a collective bargaining agreement. 2. Article III of the collective bargaining agreement sets forth a procedure to resolve disputes with respect to the meaning or application of the terms of said collective bargaining agreement, which procedure culminates in a final and binding determination by an arbitrator. 3. Neither the Complainant, the Respondent nor Timothy Humphrey has filed a grievance pursuant to Article III of said agreement with respect to the matters contained in the prohibited practice complaint. [-1-] _____________________________________________________________________________________ 4. A determination by an arbitrator with regard to the appropriate interpretation of the provisions of Article X(A)(5) of the collective bargaining agreement could be dispostive of the merits of the question presented by the complaint in this matter. DECISION The Maine Labor Relations Board encourages parties to negotiate and pursue the resolution of disputes through the procedures negotiated by the parties. See Tri-Town #22 Teachers Association et al. v. SAD #22 (Case 75-28). In the pend- ing case, the parties have negotiated a collective bargaining agreement which con- tains a grievance arbitration provision culminating in final and binding arbitra- tion. A resolution of the contractual dispute is likely to resolve the prohibited practice complaint and we believe that this case is an appropriate case to defer to the arbitration process until either the arbitration process has concluded or until it is apparent that delay in the grievance and arbitration process would substantially deny the rights guaranteed the Complainant. Without deciding the merits of this case, we conclude that the purpose of the Municipal Public Employees Labor Relations Act will best be effectuated by retain- ing jurisdiction over this case and will defer to the arbitration process consistent with our decision in Bangor Education Association v Bangor School Committee (Case 76-11). ORDER Pursuant to the foregoing Findings of Fact and the authority conferred on the Maine Labor Relations Board under Section 968 of the Municipal Public Employees Labor Relations Act and without deciding the merits of this case, it is hereby ORDERED: 1. That this case be deferred to the arbitration process unless notified by either party in a motion for further consideration or by motion of the Board to reopen this case if: (a) the dispute has not, with reasonable promptness, been resolved by settlement in the grievance procedure or submitted promptly to grievance arbitration, or (b) the grievance or arbitration procedures have not been fair and regular or have reached a result repugnant to the purposes of the Municipal Public Employees Labor Relations Act; and 2. The parties will furnish a copy of any settlement or decision rendered by arbitration or otherwise in this case to the Maine Labor Relations Board at its offices in Augusta, Maine, within five (5) days from the receipt of such decision, settlement or arbitration award; and -2- _____________________________________________________________________________________ 3. That within thirty (30) days from the date of this Decision and Order both parties will notify the Maine Labor Relations Board at its offices in Augusta, Maine, of what steps they have taken to comply herewith. Dated at Augusta, Maine, this 24th day of January, 1978. MAINE LABOR RELATIONS BOARD /s/________________________________________ Walter E. Corey, Chairman /s/________________________________________ Robert D. Curley, Employer Representative /s/________________________________________ Michael Schoonjans, Employee Representative -3- _____________________________________________________________________________________ 3