STATE OF MAINE                                    MAINE LABOR RELATIONS BOARD
                                                  Case No. 83-22
                                                  Issued:  June 30, 1983


____________________________________
                                    )
COUNCIL 74, AMERICAN FEDERATION OF  )
STATE, COUNTY, AND MUNICIPAL        )
EMPLOYEES/AFL/CIO,                  )
                                    )
  and                               )
                                    )
GLENN  ROSS                         )
                                    )
  and                               )
                                    )
THE BARGAINING UNIT OF THE COUNTY   )              DECISION AND ORDER
SHERIFF'S DEPARTMENT EMPLOYEES      )
FOR PENOBSCOT COUNTY                )
                                    )
  v.                                )
                                    )
TIMOTHY RICHARDSON, SHERIFF OF      )
PENOBSCOT COUNTY                    )
                                    )
  and                               )
PENOBSCOT COUNTY COMMISSIONERS      )
____________________________________)

     This is a prohibited practices case, filed pursuant to Title 26 M.R.S.A.
Section 968(5)(B) on March 25, 1983, by Council 74, American Federation of
State, County, and Municipal Employees (AFL-CIO), ("Union"), Glenn Ross, and
the Bargaining Unit of the County Sheriff's Department Employees for Penobscot
County.  The Union filed an amended complaint, in this case, on April 8, 1983.
Both the complaint and the amended complaint have been duly answered by
counsel for Timothy Richardson, Sheriff of Penobscot County and the Penobscot
County Commissioners.

     A pre-hearing conference on the case was held on April 22, 1983,
Alternate Chairman Donald W. Webber presiding.  On April 27, 1983, Alternate
Chairman Webber issued a Pre-Hearing Conference Memorandum and Order, the
contents of which are incorporated herein by reference.

     A hearing on the case was held on June 30, 1983, Alternate Chairman
Donald W. Webber presiding, with Employer Representative Don R. Ziegenbein and
Employee Representative Harold S. Noddin.  The Union was represented by
Stephen P. Sunenblick, Esq.,

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the Penobscot County Commissioners were represented by Gary F. Thorne, Esq.,
and the Sheriff of Penobscot County was represented by Phillip D. Buckley, Esq.

                                JURISDICTION

     Council 74 of the American Federation of State, County, and Municipal
Employees (AFL-CIO, is the bargaining agent, within the definition of 26
M.R.S.A. Section 962(2), for the Bargaining Unit of the County Sheriff's
Department Employees for Penobscot County.  Glenn Ross is a member of the said
bargaining unit.  Timothy Richardson, the Sheriff of Penobscot County, and the
Penobscot County Commissioners are public employers, within the meaning of 26
M.R.S.A. Section 962(7), for the employees included in the aforementioned
bargaining unit.  The jurisdiction of the Maine Labor Relations Board
("Board") to hear this case and render a decision and order lies in 26 M.R.S.A.
Section 968(5).

                              FINDINGS OF FACT

     At the hearing in this case, counsel for the three parties entered into a
stipulation of facts, incorporating therein the facts relevant to this matter.
The Board hereby adopts said Stipulation of Facts as its Findings of Fact and,
therefore, reproduces the text thereof below.

               COME NOW the undersigned parties to this matter, by and
          through their counsel, and stipulate to the following facts based
          on the Amended Prohibited Practice complaint dated April 6, 1983,
          as filed by the Complainant.
               The numbered paragraphs below relate to the paragraphs as
          numbered in the Amended Prohibited Practice Complaint.
                1. - 7.  The parties stipulate as fact the allegations in
          paragraphs 1 through 7.
                8.  The parties stipulate that Sheriff Richardson and/or his
          agents did engage in a series of actions against Sergeant Glenn Ross
          beginning on or about November 19, 1982, in retaliation for his
          Union activities.

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               9. and 10.  The parties stipulate as fact the allegations
          in paragraphs 9 and 10.
               11.  On January 7, 1983, Sheriff Timothy Richardson did call
          a mandatory meeting of the patrol deputies, approximately seven
          members of the bargaining unit, to discuss the schedule that was
          being negotiated at the bargaining table.  He did so outside the
          negotiating process which was at that time being conducted at the
          bargaining table.
               12.  The parties stipulate as fact the allegations set forth
          in paragraph 12.
               13. - 16.  The parties stipulate as fact the allegations set
          forth in paragraphs 13 through 16.
               17.  The parties stipulate as  fact the allegations in
          paragraph 17, except that the only previous adverse disciplinary
          action against Glenn Ross was the letter of reprimand in his first
          year of employment.
               18.  The parties stipulate as fact the allegations in
          paragraph 18.
               19.  The parties stipulate as fact the allegations in
          paragraph 19, except that there are others qualified to use the
          fingerprinting equipment within the Penobscot County Sheriff's
          Department.
               20. - 25.  The parties stipulate as fact the allegations in
          paragraphs 20 through 25.
               26.  On January 18, 1983, Glenn Ross was notified by Sheriff
          Richardson that it might become necessary to cancel his enrollment
          in a fingerprint school, attendance to which had previously been
          approved by the Sheriff the year before.  The school was located
          in Ottawa, Canada, and was run by the Royal Canadian Mounted
          Police.  The reason for the cancellation of enrollment was that
          Sergeant Ross was not qualified by the standards of the school.
               27.  On February 4, 1983, the Sheriff cancelled Sergeant
          Glenn Ross' attendance at the fingerprint school, but did not
          explain the reason therefor.
               28. - 32.  The parties stipulate as fact the allegations
          in paragraphs 28 through 32.
               33.  On March 14, 1983, Sheriff Richardson called a "voluntary
          meeting" to change the standard work week patrol schedule.  Those
          patrol deputies on duty at the time were ordered to attend the
          meeting as part of their duties.  Those not on duty at that time
          were told they could report if they wished, but it would be
          voluntary.  Sergeant Ross did not attend the meeting, but was
          ordered to the meeting by the Sheriff who wanted Deputy Ross there
          in his position as Union President.

                                     -3-

               34 - 37.  The parties stipulate as fact the allegations in
          paragraphs 34 through 37.
               38.  On January 12, 1983, Sheriff Richardson, while inter-
          viewing a prospective new employee made the remark, "Are you going
          to work for me or are your going to work for the Union?"  The
          prospective employee, prior to any hiring, attempted to ascertain
          facts about the Union contract.  On February 1, 1983, he was called
          to the Sheriff's office and again asked the above question.  He was
          also informed that he would be on a six-month probation, that he
          could be dismissed at any time, and that he could have his probation
          extended if the Sheriff felt it should be.  The employee was never
          hired by the Penobscot County Sheriff's Department and in fact
          the prospective employee declined the employment opportunity.
               39.  On March 17, 1983, there was a Union meeting conducted
          at the County Courthouse to discuss ongoing events as regarded the
          Sheriff and the Union.  A county employee, Joan Ross, no relation
          to Glenn Ross, attended the meeting.  She was a probationary
          employee at the time.  The next day, she was called to the Sheriff's
          office and was informed by Sheriff Richardson that she exhibited
          attitude problems.  She was implicitly told to stay away from the
          ongoing disputes between the Sheriff and the Union since she was
          only a probationary employee.  The incident did result in Joan Ross
          being visibly upset to the point of crying during the meeting which
          lasted for approximately forty-five minutes to an hour.
               40.  No findings of fact are made as to the allegations in
          paragraph 40 since the matter has not been pursued by any of the
          parties to this case as to the introduction of evidentary material.
               41.  The parties stipulate as fact the allegations in
          paragraph 41.
               This stipulation of facts is entered into by the parties
          for the purpose of resolving the pending Amended Prohibited
          Practice Complaint pursuant to the separately signed agreement for
          a consent decree.



          DATED:  June 30, 1983             /s/______________________________
                                            Stephen P. Sunenblick, Esq. of:
                                            SUNENBLICK, FONTAINE & REBEN
                                            Attorneys for Complainants
                                            P.O. Box 402
                                            Portland, Maine 04112


                                            /s/______________________________
                                            Phillip D. Buckley, Esq. of:
                                            RUDMAN & WINCHELL
                                            Attorneys for Respondent Timothy
                                            Richardson, Sheriff of Penobscot
                                            County
                                            P.O. Box 1401
                                            Bangor, Maine  04401


                                            /s/______________________________
                                            Gary F. Thorne, Esq. of:
                                            MITCHELL & STEARNS
                                            Attorneys for Respondent Penobscot
                                            County Commissioners
                                            P.0. Box 552
                                            Old Town, Maine 04468-0552

                                     -4-

                                  DECISION

     Having reviewed the Stipulation of Facts of the parties and finding that
some of the facts stated therein constitute violations of the Municipal Public
Employees Labor Relations Act, 26 M.R.S.A. Section 961, et seq., the Board
will proceed to order a remedy to correct said violations.

                                    ORDER

     At the hearing on this case, counsel for the three parties have entered
into a Stipulation to A Consent Order.  Said Stipulation is as follows:

               The parties to this Amended Prohibited Practice complaint
          hereby agree that the Maine Labor Relations Board should enter
          a decision and order in this case as follows:
               1.  That the facts be found as set forth in the stipulation
          of Facts as submitted by the parties.
               2.  That the Maine Labor Relations Board find that there
          has been a violation of 26 M.R.S.A. 964(1)(A)(B)(C) and (E) by
          the Respondent, Timothy Richardson, Sheriff of Penobscot County.
               3.  That the Maine Labor Relations Board order the Sheriff
          Timothy Richardson and/or his agents to cease and desist from
          retaliating against Deputy Sheriff Sergeant Ross or other members
          of the bargaining unit as to their exercise of rights guaranteed
          in 26 M.R.S.A. 963.
               4.  That the Maine Labor Relations Board order that Sheriff
          Timothy Richardson restore benefits unilaterally abolished until
          such time as negotiations should lead to any such changes, namely,
          that departmental telephones may be used for personal calls as
          necessary, consistent with past practice; that departmental
          telephones may be used for Union business only where essential
          and so as to not interfere with the operation of the Penobscot
          County Sheriff's Department; that the furnishing of employee
          meals be reverted to the past practice; that Sergeant Glen Ross
          be assigned the patrol vehicle he had as of November 1, 1982.
               5.  That the Maine Labor Relations Board order that Sheriff
          Timothy Richardson and/or his agents cease and desist from inter-
          fering in the administration of the bargaining unit work and from
          discouraging membership in said unit.
          
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               6.  That the Maine Labor Relations Board order Sheriff
          Richardson and/or his agents to refrain from threatening employees
          regarding the issuance of press releases related to collective
          bargaining and Union activity.
               7.  That the Maine Labor Relations Board order the reinstate-
          ment of Deputy Sheriff Sergeant Ross to his previous position as
          Sergeant, with all lost benefits and emoluments of his employment
          including back pay plus interest and the assignment of the patrol
          area and vehicle he had as of November 1, 1982.
               8.  The Board will retain jurisdiction over this case for a
          period of sixty (60) days to monitor compliance.
               9.  The Penobscot County Commissioners agreed to do any act
          which is necessary to facilitate or effectuate the terms of this
          Consent Order.
              10.  That forthwith the Sheriff will take the necessary action
          to enroll Glenn Ross in the fingerprinting school in Ottawa, Canada,
          in which he was previously enrolled or an equivalent school, such as
          the FBI school.
               The parties agree that this stipulation to a consent order is
          appropriate in that the stipulation of facts evidence the violations
          of 26 M.R.S.A.  964 as set forth above and that the consent to
          orders from the Board are consistent with said violations.


                                                                                                   qZ@
          DATED:  June 30, 1983             /s/______________________________
                                            Stephen P. Sunenblick, Esq., of:
                                            SUNENBLICK, FONTAINE & REBEN
                                            Attorney for Complainants
                                            P.O. Box 402
                                            Portland, Maine 04112



                                            /s/______________________________
                                            Phillip D. Buckley, Esq., of:
                                            RUDMAN & WINCHELL
                                            Attorney for Respondent Timothy
                                            Richardson, Sheriff of Penobscot
                                            County
                                            P.O. Box 1401
                                            Bangor, Maine  04401



                                            /s/______________________________
                                            Gary F. Thorne, Esq., of:
                                            MITCHELL & STEARNS
                                            Attorney for Respondent Penobscot
                                            County Commissioners
                                            P.0. Box 552
                                            Old Town, Maine 04468-0552

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     By affixing our signatures hereto, the undersigned members of the Maine
Labor Relations Board, acting in our capacity as such Board, hereby adopt said
Stipulation to A Consent Order as our Order in this case, pursuant to the
powers granted to the Maine Labor Relations Board by the provisions of 26
M.R.S.A. Section 968(5).

     Dated at Augusta, Maine, this 30th day of June, 1983.

                                   MAINE LABOR RELATIONS BOARD


                                   /s/_______________________________________
                                   Donald W. Webber, Alternate Chairman


                                   /s/_______________________________________
                                   Don R. Ziegenbein, Employer Representative


                                   /s/_______________________________________
                                   Harold S. Noddin, Employee Representative


     The parties are advised of their right pursuant to 26 M.R.S.A. Section
968(5) to seek a review by the Superior Court of this decision 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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