City of Bangor v. AFSCME and MLRB, affirming in part and modifying Board Order in No. 80-41. Board Order affirmed in 449 A.2d 1129 (Me. 1982). STATE OF MAINE SUPERIOR COURT Civil Action PENOBSCOT, ss. Docket No. 80-574 * * * * * * * * * * * * * * * * * * * CITY OF BANGOR, * * Plaintiff, * * v. * * ORDER AMERICAN FEDERATION OF STATE, * COUNTY AND MUNICIPAL EMPLOYEES * COUNCIL 74 and MAINE LABOR * RELATI0NS BOARD, * * Defendant. * * * * * * * * * * * * * * * * * * * Upon notice to the parties and after hearing upoN Plaintiff's appeal of a Decision of the Maine Labor Relations board dated September 24, 1980, pursuant to Maine Rules of Civil Procedure, 80B, it is hereby ORDERED, and ADJUDGED that: 1. The Board's finding that the discharges of Bragg, Strout, Prescott and Standley were motivated by the protected activities of Bragg, Strout, Prescott and Standley is wholly unsupported by the record and is thus clearly erroneous and is hereby set aside. 2. That portion of the Board's finding that the City of Bangor committed a prohibited practice and violated 964(1)(A) when it discharged Bragg, Strout, Prescott and Standley as a result of the Board's order in MLRB Decision No. 79-A-02 is hereby affirmed. 3. The portion of the Board's Order establishing the dates of permanent hire for Bragg, Strout, Prescott and Standley, other than October 19, 1979, is hereby set aside. The permanent date -1- ______________________________________________________________________________ of hire from. which back pay and benefits are properly computed for said employees is found to be October 19, 1979. 4. The portion of the Board's Order requiring the posting of a 'Notice to Employees" is hereby modified to reflect the changes above. 5. Except as modified above, the Decision and Order of the Maine Labor Relations Board dated September 24, 1980, which is incorporated herein by reference, is affirmed and the City of Bangor is directed to comply therewith. 6. The Clerk is directed to enter judgment in all of the matters upon which I have ruled in the docket of the case. DATED: January 28, 1982 /s/_________________________________ ij;@4@!I, S-uperior Court William McKinley Justice, Superior Court -2- ______________________________________________________________________________