Maine Labor Relations Board
PANEL OF MEDIATORS
Board of Arbitration
and Conciliation
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How Things Work at the MLRB
The Maine Labor Relations Board consists of a small, primarily professional, staff that provides direct
services and supports a contingent work force of per diem people. The board staff consists of 5 individuals.
The 9 members of the Labor
Relations Board are gubernatorial appointees, who are confirmed by the Legislature. The 9
members of the State Board of Arbitration and Conciliation and the members of the Panel of Mediators
(currently 9) are direct gubernatorial appointees. All of these individuals are compensated almost
exclusively through user fees.
- Representation Cases:
These cases are initiated by the filing of a
petition for unit determination or for unit clarification and/or a petition for election. Upon receipt of a unit
petition, a board attorney contacts the parties, explains relevant precedent and explores the possibility
of getting agreement to resolve the issue. If no agreement on the unit is reached, an evidentiary
hearing on the petition is conducted by a different board attorney, who has no knowledge of the
settlement discussions. Formal written unit reports, including findings of fact and conclusions of law,
are issued in litigated cases. Such reports are subject to appellate review by the Labor Relations
Board in a formal, quasi-judicial proceeding, based on the record, including a verbatim transcript of
the initial proceeding before the staff attorney. After an appropriate bargaining unit has been
established, the board will conduct a secret ballot election to determine whether a majority of the
employees voting desire to be represented by a bargaining agent for the purposes of collective
bargaining. There are no fees involved in representation matters other than for appeals to the Board.
- Prohibited Practice Cases:
These cases are initiated by the filing of a complaint. The complaint is reviewed for legal sufficiency by the executive director. If the complaint is insufficient, the executive director may issue a notice of insufficiency permitting the complainant to amend the complaint within 15 days or face dismissal. Sufficient complaints are scheduled for prehearing conference before one of the neutral members of the board, who attempts to clarify the issues, identify relevant witnesses and documents, and explore the possibility of settling the dispute at the prehearing conference. Unsettled cases are then heard by a 3-member panel of the Labor Relations Board, who are assisted by a staff attorney. The board receives evidence and argument in a formal, quasi-judicial hearing. The board deliberates over the merits of the case and a formal, written opinion, including relevant findings of fact and conclusions of law, is prepared by the
staff attorney at the direction of the board. The draft decision is circulated among the panel members, who either agree with it or suggest
modifications. The staff attorney also drafts any dissenting opinions. Staff attorneys represent the
board in the courts in appeals of the board's decisions.
- Dispute Resolution Services:
Upon receipt of a request for mediation,
fact finding, or contract grievance arbitration services, a member of the Panel of Mediators, private fact
finders, or a Panel of the State Board of Arbitration and Conciliation is assigned, as appropriate, to
provide the requested services directly to the parties.
- Administrative Services:
The Board's administrative staff person collects user fees from parties
who utilize the various per diem services, disburses the revenues to the various board and panel
members, and performs the necessary accounting functions associated with the operation of the
special revenue account for this purpose. Consistent with the quasi-independent status of the agency,
the executive director is responsible for preparation and management of the agency's budget and
direction, supervision, evaluation and performance of human resources functions for the board's
staff.
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