Stephen Collier v. Penobscot Bay Teachers Association, MLRB No. 92-30 
(Sept. 25, 1992), aff'd, No. CV-92-478 (Me. Super. Ct., Ken. Cty., 
Apr. 10, 1993)

STATE OF MAINE                               SUPERIOR COURT
KENNEBEC, ss                                 CIVIL ACTION
					     DOCKET NO. CV-92-478



v.                                           DECISION AND ORDER



This matter is before the Court on Plaintiff's Rule 80C appeal from the
decision of the Maine labor Relations Board.  That decision dismissed the
Plaintiff's prohibited practice complaint filed pursuant to 26 M.R.S.A. 968(f).

The facts are not disputed.  The Plaintiff is a teacher and the Defendant
Teachers Association is the exclusive collective bargaining agent for teachers
at his school.  The Plaintiff has chosen not to join the Association.  Non-
members are permitted to attend Association meetings but cannot vote.  The
Plaintiff challenges the Association's prohibiting non-members from voting
on issues concerning collective bargaining agreements, which govern the
teachers' employment.

The Plaintiff argued that the practice of prohibiting non-members from
voting on collective bargaining issues is subject to strict scrutiny because the
practice deprives the Plaintiff of his fundamental right to participate in
arranging the terms of his employment, infringes on his First and Fourteenth
Amendment rights to refrain from membership in a union.  The Plaintiff
further argues that no compelling state interest is served by the Defendant
Association's practice.

The Board concluded that the Defendant Association had not obligated itself
to allow non-members to vote on collective bargaining issues.  The Board
found the Plaintiff's constitutional arguments unpersuasive and concluded
that the Association's practice regarding prohibiting non-member voting on
collective bargaining issues did not violate the duty of fair representation.


Based on this record and present caselaw, the Board's decision to dismiss the
Plaintiff's Complaint was proper.  5 M.R.S.A. 11007(4)(C)(1)-(6).

The entry will be

The Petitioner's appeal is DENIED.

The decision of the Respondent Maine Labor Relations Board is AFFIRMED.

Date: April 10, 1993                 /s/_______________________________
				     Nancy Mills
				     Justice, Superior Court