STATE OF MAINE MAINE LABOR RELATIONS BOARD Case No. 93-22 Issued: March 29, 1993 _______________________________________ ) AFSCME, COUNCIL 93 ) ) Complainant, ) ) v. ) REINSTATEMENT ) OF COMPLAINT TOWN OF GORHAM, ) ) Respondent. ) _______________________________________) On January 14, 1993, AFSCME, Council 93 ("AFSCME") filed a prohibited practice complaint with the Maine Labor Relations Board ("Board") alleging that the Town of Gorham ("Town"), by letter dated December 22, 1992, and received by AFSCME on Decembre 24, 1992, refused to bargain changes in conditions of employment categorized as work rules by the employer, in violation of section 964(1)(E) of the Municipal Public Employees Labor Relations Law ("MPELRL"), 26 M.R.S.A. 964(1)(E) (1988).1 The Executive Director reviewed the complaint for sufficiency pursuant to section 968(5)(B) of the MPELRL and Board Rule 4.06(A). By letter he then notified AFSCME that although its complaint was not insufficient, it should consider clarifying the violation citation at the prehearing conference. The Executive Director also notified the Town that the complaint and been filed and that an answer was due on or before February 8, 1993. On February 5, 1993, the Town filed its response to the complaint, alleging, among other things, that the complaint was untimely due to the fact that the alleged prohibited practice had occurred in May of 1992. In light of the Town's response, the _________________________ 1The complaint alleges a violation of section "964-E." It is section 964(1)(E) of the MPELRL that makes the refusal to bargain a prohibited practice. -1- Executive Director notified AFSCME that the complaint was insufficient for its failure to indicate when, if ever, the work rules had been implemented. AFSCME was given until February 22, 1993, to file an amended complaint, pursuant to Board Rule 4.06(B). On February 24, 1993, the Executive Director dismissed the complaint on the ground that no amended complaint had been filed. On March 10, 1993, AFSCME filed a timely appeal of the dismissal, stating also that it had attempted, without success, to get information relevant to a possible amendment. (AFSCME had not sought an extension of time within which to amend.) On March 15, 1993, the Town filed documentation with the Board in connection with its claim of untimeliness. After receiving and reviewing all relevant materials, the Board met to deliberate this matter on March 18, 1993. DISCUSSION Although AFSCME could, prior to the amendment deadline, have sought an extension of time within which to file an amendment under Rule 7.02(C)(1), it is entitled to stand on its original complaint and to appeal the summary dismissal. In effect, that is what it has done. When a complaint is reviewed for sufficiency, it may be summarily dismissed by the Executive Director if the "allegations in the complaint do not constitute a prima facie violation of the the applicable prohibited act provision(s)." Rule 4.06(C). Thus, the complaint is sufficient if on its face it alleges facts that, if true, would constitute a violation of the applicable statute. We have reviewed the complaint and agree with the Executive Director's original determination that on its face, the complaint is sufficient. It alleges a specific occurrence, on a specific date, by a particular person. We decline to attempt to evaluate the allegations made by the Town in response to the complaint, since only after a full evidentiary record is developed can we make an informed decision regarding whether a violation of the -2- MPELRL has occurred. Accordingly, the complaint will be reinstated. ORDER On the basis of the foregoing facts and discussion, 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. 968(5) (1988 & Supp. 1992) and the Board's Rules and Procedures, it is hereby ORDERED: 1. That AFSCME's complaint filed on January 14, 1993, against the Town of Gorham is reinstated. 2. That the Executive Director shall set this matter for prehearing and hearing as soon as is practicable. Issued at Augusta, Maine, this 29th day of March, 1993. MAINE LABOR RELATIONS BOARD /s/________________________ Peter T. Dawson Chair /s/________________________ Howard Reiche, Jr. Employer Representative /s/________________________ George W. Lambertson Employee Representative -3-