Teamsters Local Union No. 48 v. Washington County Commissioners, MLRB 
No. 89-07 (Apr. 4, 1989), rev'd, No. CV-89-163 (Me. Super. Ct., Ken. Cty., 
Oct. 13, 1989), Decision and Order on Remand, MLRB No. 89-07 (Dec. 12, 1989) 



			
STATE OF MAINE                        SUPERIOR COURT
KENNEBEC, ss:                         Civil Action
				      Docket No. CV-89-163

* * * * * * * * * * * * * * * * * * *
WASHINGTON COUNTY COMMISSIONERS     *
				    *
		     Plaintiff      *
				    *
	       v.                   *       ORDER
				    *
TEAMSTERS LOCAL UNION NO. 48        *
				    *
		     Defendant      *
* * * * * * * * * * * * * * * * * * *

     This cause came on for hearing, and was argued by counsel,
upon the appeal of the Washington County Commissioners from a
decision of the Maine Labor Relations Board under 26 M.R.S.A.
 968(4) and Rule 80B of the Maine Rules of Civil Procedure.

     It is ORDERED that after review of all of the written
materials submitted and points made by the respective parties at
oral argument, this court finds that this case is governed by
State v. Maine State Employees Association, 499 A.2d 1228 (Me.
1985).  The right to bargain over the payroll change was waived by
the defendant union in "clear and unmistakable" language.

     The entry will therefore be:

     Appeal GRANTED.  April 4, 1989 Order of the Maine Labor
     Relations Board VACATED.  Case remanded to the Maine
     Labor Relations Board for entry of an order dismissing
     defendant union's prohibited practice complaint.


DATED:  October 13, 1989       /s/_______________________________
			       Bruce W. Chandler
			       Justice, Superior Court