STATE OF MAINE MAINE LABOR RELATIONS BOARD
Case No. 78-29
___________________________________
)
GREATER PORTLAND TRANSIT DISTRICT, )
)
Complainant, )
)
v. ) DECISION AND ORDER
) GRANTING MOTION FOR
DIVISION 714, AMALGAMATED TRANSIT ) STAY OF PROCEEDINGS
UNION, )
)
Respondent. )
___________________________________)
This case comes to the Maine Labor Relations Board ("Board") by way of a
Prohibited Practice Complaint dated March 6, 1978, and filed by Dean A.
Hetrick, General Manager, Greater Portland Transit District, on March 15,
1978. In response to the Complaint, two Motions to Dismiss, a Motion for Stay
of Proceedings, and, in the alternative, an Answer was filed on March 31, 1978
by Richard Nye, President, Division 714, Amalgamated Transit Union.
A pre-hearing conference was held in this case on June 27, 1978 in
Augusta, Maine, with Alternate Chairman Donald W. Webber presiding. As a
result of this pre-hearing conference, Alternate Chairman Webber issued on
June 27, 1978 a Pre-Hearing Conference Memorandum and Order, the contents of
which are incorporated herein by reference.
In the Pre-Hearing Conference Memorandum and Order, Alternate Chairman
Webber ordered that this case be divided into three separate phases. The
first phase entails Board consideration and determination of the Motion for
Stay of Proceedings, the subject matter of the present Order, while the second
phase involves consideration of the Motions to Dismiss, and the third phase a
fact hearing on the allegations contained in the Complaint and the Answer
thereto.
With respect to the Motion for Stay of Proceedings, the parties agreed at
the pre-hearing conference that the Board could reach decision on the Motion
without written or oral argument by the parties. The parties also agreed that
in considering the Motion, the Board could consider all relevant material
filed with the Board in Case No. 77-32, which involved a Prohibited Practice
Complaint filed by the instant Complainant against the instant Respondent
raising the same issues as the present Complaint, as well as the Pre-Hearing
Conference Memorandum and Order and the allegations contained in the Motion.
The Board proceeded to consider the Motion for Stay of Proceedings at a
conference held in Portland, Maine on June 28, 1978, Alternate Chairman
Donald W. Webber presiding, with Michael Schoonjans, Employee Representative,
and Henry W. Mertens, Second Alternate Employer Representative.
DECISION
After reviewing all pertinent materials, we have decided that the
interests of conserving the Board's and parties' time and resources as well
as the serious
-1-
______________________________________________________________________________
import of the issues presented to us,dictate that the Motion for Stay of Pro-
ceedings be granted. As stated in the text of the Motion, there is currently
pending before the United States Court of Appeals for the First Circuit, in
Docket No. 78-1077, an action between the instant parties which involves the
same substantive issues raised in Case No. 78-29. This action is an appeal
from a judgment of the United States District Court, District of Maine, on a
complaint filed by the instant Respondent. The action before the Court of
Appeals for the First Circuit has been briefed and orally argued, and the
parties are presently awaiting the Court's decision on the matter.
The parties stipulated at the pre-hearing conference that the case is one of
serious import and that appeals raising identical issues are currently pending
before several other United States Courts of Appeals.
In light of these circumstances, we can perceive no substantial reasons
why the present proceeding should not be stayed. If not dispositive of the
issues before us, the United States Court of Appeals for the First Circuit's
decision should at least aid the Board and the parties in resolving the issues
pending in Case No. 78-29. Proceeding to hear the merits of the Motions to
Dismiss and the allegations raised in the Complaint and Answer could thus
result in a needless expenditure of the Board's and the parties' valuable time
and resources. Moreover, the substantive issues presented for our determina-
tion are of serious import, as is shown by the fact that the same issues are
currently pending before several United States Courts of Appeals. We would
prefer not to decide matters of such a serious nature until we are offered
some guidance by the United States Court of Appeals for the First Circuit,
particularly when the Court's decision on the matter appears to be imminent.
For the foregoing reasons, we believe that the wisest course of action in
this matter is to stay all proceedings in Case No. 78-29 pending final judg-
ment by the United States Court of Appeals for the First Circuit in Docket
No. 78-1077.
ORDER
On the basis of our review of all relevant materials and on the foregoing
decision, it is hereby ORDERED:
1. That all proceedings in Case No. 78-29 be stayed on the
docket of the Maine Labor Relations Board pending final
judgment by the United States Court of Appeals for the
First Circuit in Docket No. 78-1077;
2. That if either party to Case No. 78-29 wishes to
proceed with the matters pending in Case No. 78-29
-2-
______________________________________________________________________________
after final judgment by the United States Court of Appeals
for the First Circuit in Docket No. 78-1077, such party notify
the Maine Labor Relations Board of its desire to proceed with-
in 30 days after final judgment by the Court.
Dated at Augusta, Maine, this 11th day of July, 1978.
MAINE LABOR RELATIONS BOARD
/s/_____________________________________
Donald W. Webber
Alternate Chairman
/s/_____________________________________
Michael Schoonjans
Employee Representative
/s/_____________________________________
Henry W. Mertens
Second Alternate Employer Representative
-3-
______________________________________________________________________________