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

 PROFESSIONALS                   )
 and                             )
 DENNIS McCONNELL,               )
             Plaintiffs          )
                                 )                    DECISION AND ORDER
 v.                              )
 BOARD                           )
 and                             )
 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


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.


     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