STATE OF MAINE MAINE LABOR RELATIONS BOARD
Case No. 82-25
Issued: April 14, 1982
_______________________________________
)
TOWN OF LIMESTONE, )
)
Complainant, )
)
)
v. )
) ORDER
)
COUNCIL 74, AFSCME and ROSS FERRELL, )
FIELD REPRESENTATIVE, and STEWARD, )
LIMESTONE UNIT, LOCAL 220, )
)
Respondents. )
_______________________________________)
The following unanimous oral order was directed by the members of the
Maine Labor Relations Board meeting in Augusta on March 31, 1982 in the
presence of the parties:
"CHAIRMAN KEITH: Complainants have rested, and the respondent
moves to dismiss. The Board has reviewed the exhibits, con-
sidered the evidence that's been presented so far, and
respondent's motion to dismiss is granted. The Board does
not find evidence of bad faith bargaining or surface bar-
gaining on the part of the union in this matter. The Board
was also of the opinion that the union in fact did comply
with the technical requirements of the ground rule, which
we read to say that before a mediation session is held
pursuant to the statute, that the parties will sit down
and attempt among themselves to resolve their differences
before going into the mediation session. The evidence
indicates that such a meeting was held on the 23d of March,
the day before the scheduled mediation session. The evidence
would indicate that initially the union took the position
that they were only there because of the 10-day notice,
and the complainants indicate they believe the union's
position in coming was that they did not have to do any-
thing other than show up. But I think the evidence is
clear that in fact the union did proceed to negotiate and
in fact made some movement at that March 23 meeting.
I think that's the end of what I want to say with regard
to our ruling."
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ORDER
On the basis of the foregoing, and by virtue of and pursuant to the
powers granted to the Maine Labor Relations Board by the provisions of 26
M.R.S.A. Sec. 968(5), it is hereby ORDERED:
That the Town of Limestone's prohibited practices complaint
in this proceeding is hereby dismissed.
Dated at Augusta , Maine this 14th day of April, 1982.
MAINE LABOR RELATIONS BOARD
/s/____________________________________
Edward H. Keith
Chairman
/s/____________________________________
Don R. Ziegenbein
Employer Representative
/s/____________________________________
Harold S. Noddin
Alternate Employee Representative
The parties are advised of their right pursuant to 26 M.R.S.A.
968(5)(F) to seek review of this decision by the Superior Court by filing a
complaint in accordance with Rule 80B of the Rules of Civil Procedure within
15 days after receipt of this decision.
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