Association of Independent Professionals and Dennis McConnell v. Maine Labor Relations Board and Associated Faculties of the University of Maine, CV-81-418, affirming Board No. 81-22, 4 NPER 20-12036 (Aug. 19, 1981); reversed in part, sub. nom. Association of Independent Professionals v. Maine Labor Relations Board, 465 A.2d 401(Me. 1983); MLRB Decision and Order on Remand No. 81-22 (Oct. 5, 1983). STATE OF MAINE SUPERIOR COURT KENNEBEC, SS CIVIL ACTION Docket No. CV-81-418 ASSOCIATION OF INDEPENDENT ) PROFESSIONALS ) ) and ) ) DENNIS McCONNELL, ) ) Plaintiffs ) ) DECISION AND ORDER v. ) ) THE MAINE LABOR RELATIONS ) BOARD ) ) and ) ) ASSOCIATED FACULTIES OF THE ) UNIVERSITY OF MAINE, ) ) Defendants ) This case is before the Court on plaintiff, Association of Independent Professionals' appeal of an order of the Maine Labor Relations Board (M.L.R.B.) dated August 19, 1981. The order was issued in response to a complaint by the Associated Faculties of the University of Maine which addressed certain activities of persons purporting to represent the Association of Independent Professionals, including a change of status notice dated September 5, 1980 and circulated to most faculty members. That change of status notice suggested that pursuant to Art. 13 Sec. B of the collective bargaining agreement between Associated Faculties of the University of Maine and the University there was an option to have no affiliation with any organization and pay no fees. The same form did not include membership in Associated -1- ______________________________________________________________________________ Faculties of the University of Maine as an option, although that option was provided in the collective bargaining agreement. After hearing which focused on the effect of this notice, the M.L.R.B. issued an order providing, in pertinent part, as follows: 1. That the Association of Independent Professionals and Dennis McConnell, and their agents and members, cease and desist from distributing false and misleading information to members of the University of Maine bargaining units about the affiliation options provided by Article 13 of the collective bargaining agreement between the Associated Faculties of the University of Maine and the University. The Association of Independent Professionals has appealed from that order. Their position is, in essence, that the finding by the M.L.R.B. of an unfair labor practice is unsupported by any evidence in the record because the record contains no evidence of confusion or disruption caused by circulation of the form and procedures that were utilized in circulation of the form. In addition, the Association of Independent Professionals presents a direct constitutional challenge to the M.L.R.B. order as a prior restraint on speech. They also assert the unconstitutionality of Article 13 of the collective bargaining agreement. However, the constitutionality of Article 13 is not directly before the Court in this proceeding. The focus of the Court's inquiry is much more limited being: 1. Whether there was sufficient evidence before the M.L.R.B. to find an unfair labor practice; and 2. Whether the relief ordered by the M.L.R.B. was within constitutional bounds. -2- ______________________________________________________________________________ Having reviewed the entire record and recognizing the deference which must be paid to the findings of an administrative agency, the Court concludes that there is sufficient evidence in the record to support the M.L.R.B. findings which led to their conclusion of an unfair labor practice. While another factfinder reviewing the cold record might be able to reach an alternative conclusion, that is not this Court's function. The Court must accept the administrative findings if there is some evidence to support these findings, Sanford Highway Unit of Local 481 v. Town Town of Sanford, Me. 411 A.2d 1010 (1980); In Re Maine Clean Fuels, Inc., Me. 310 A.2d 736 (1973). The restraint ordered by the Board is simply a directive to cease distribution of false information regarding Article 13. Such an order does not go beyond the constitutional bounds in light of the Board's findings regarding the false and misleading nature of the information and disruptive effects on the bargaining unit and some members of the bargaining unit. Therefore, the Court ORDERS and the entry shall be: 1. Petition for review of governmental action DENIED. 2. Decision of the M.L.R.B. is AFFIRMED. Dated: March 5, 1982 /s/___________________________ Donald V. Alexander Justice, Superior court -3- _