AFSCME and MSEA and MSTA and Retail Clerks Int'l. Assn. and OSER and MTA and United Marine Div. and MSNA, UD Report, No. 75-UD-04.  
Board Decision on appeal No. 77-A-02, aff'd CV-77-135.

[STATE OF MAINE                                 MAINE LABOR RELATIONS BOARD]   
                                                [Case Nos. 75-UD-04, 05, 06,
                                                07, 09, 10, 11, 12, 13, 14,
                                                16, 17, 27, 35, 36, 37, 38,
                                                39, 40; 76-UD-02, 06, 13
                                                [Issued Sept. 22, 1976]

                      Petitioner         )                              
and                                      )              
                      Petitioner         )
                      & Intervenor       )
                      Intervenor         )
and                                      )
ASSOCIATION                              )     UNIT DETERMINATION REPORT
                      Petitioner         )
and                                      )
the State of Maine                       )
                      Petitioner         )
                      Petitioner         )
and                                      )            
LOCAL 333, UNITED MARINE DIVISION        )            
                      Petitioner         )
and                                      )
                      Petitioner         )                            
                      & Intervenor       )                              
     As the result of receiving four Petitions for Appropriate Unit Determination from
Council No. 74, American Federation of State, County and Municipal Employees on June 28,
1974; six Petitions for Appropriate Unit Determination from the Maine State Employees
Association filed January 9, 1974; two Petitions dated July 24, 1974, from the Maine
State Employees Association and four Motions to Intervene of that Association filed July
9, 1974; a Motion to Intervene filed July 19, 1974, from the Maine State Troopers Asso-
ciation; a Petition for Appropriate Unit Determination from Local 1435 of the Retail
Clerks International Association filed on May 5, 1975; six Petitions for Appropriate
Unit Determination from the Office of State Employee Relations of the State of Maine
filed June 20, 1975; a Petition for Appropriate Unit Determination from Maine Teachers
Association filed on September 3, 1975; a Petition for Appropriate Unit Determination


from Local 333, United Marine Division filed on January 21, 1976; and a Petition for
Appropriate Unit Determination and a Motion to Intervene from the Maine State Nurses
Association filed on February 27, 1976, a series of Unit Determination Hearings has been
conducted as contemplated under the provisions of Section 979-E of the State Employees
Labor Relations Act.  The first hearing conducted thereunder was held on August 4, 1975,
pursuant to notice thereof given on July 11, 1975, to all parties of record on that date.
This first hearing was of a procedural nature and resulted in a Procedural Report being
issued by the undersigned Hearings Examiner on September 30, 1975, the contents of which
are hereby incorporated herein by reference.
     Subsequent to the hearing of August 4, 1975, and the report thereon on September 30,
1975, a series of Unit Determination Hearings was held relating to the substantive alle-
gations in the foregoing Petitions for Appropriate Unit Determination and Motions to
Intervene therein.  These aforesaid hearings were conducted on the following dates:
December 11, 1975; December 18, 1975; February 12, 1976; February 19, 1976; February 25,
1976; March 4, 1976; March 11, 1976; March 25, 1976; April 1, 1976; April 15, 1976; April
22, 1976; May 12, 1976, May 14, 1976; June 9, 1976; June 28, 1976; and concluded on July
1, 1976.  During the foregoing hearings, the various interest groups appearing as peti-
tioners and intervenors were represented as follows:
     For Council No. 74, American Federation of State, County and Municipal                      
             Charles Sherburne               Executive Director, Council No. 74 
             Wendy L. Kahn                   Attorney, National Staff 
             Stephen P. Sunenblick, Esquire  Attorney 
             David Chisholm                  Staff 
             Don P. Wrenn                    International Representative 
             William Donahue                 Staff 
             Jane Weed                       Staff 
             John Ezhaya                     Staff 
             Raymond Lambert                 Highway Maintenance Worker, IV, Witness 
             Sharon Bragdon                  Custodial Worker I, Witness 
             Steven Williams                 Psych Aid I, Witness 
             Wendall Strong                  Carpenter, Witness
             Virginia Clukey                 Psych Aid I, Witness 
             Richard Roy                     LPN, Witness 
             Vincent Nadeau                  Painter, Witness 
             Arlene Bowden                   LPN, Witness 
             Mary Lane                       Ward Clerk, Witness 
             Clinton Cunningham              Mental Health Worker IV, Witness 
             Ormand Fish, Sr.                Bangor Mental Health, Witness 
             Daniel Goodrich                 Mental Health Worker II, Witness 
             Ervin Huntington                Bangor Mental Health, Witness

     For Maine State Employees Association:           
             John J. Finn, Esquire           Attorney for MSEA 
             Arthur Valpey                   Director of Research, MSEA 
             Nancy Spieczny                  Attorney, MSEA 
             Roger Parlin                    Employee Representative, MSEA 
             John Oliver                     Assistant Executive Director, MSEA

             Walter Breen                    Employee Representative, MSEA

             James T. Farr                   District Supervisor Probation and Parole
             Mable Christie                  Bureau of Purchases, Witness
             Donald J. Tardiff               Bueau of Alcoholic Beverages, Witness
             Timothy Gerry                   Mens Correctional Center, Witness
             Herbert Stitson                 Mens Correctional Center, Witness
     For the Maine State Troopers Association:
             William B. Troubh, Esquire      Attorney              
             Ronald Russell, Esquire         Attorney
             Peter Herring                   President, MSTA
Note:  As an intervenor, Maine State Troopers Association made use of witnesses intro-
       duced by other petitioners.
     For the Retail Clerks International Association:
             Warren H. Pyle, Esquire         Attorney
             Gary G. Thompson                Business Agent
             Keith Ingraham                  Director of Bureau of Alcoholic Beverages
     For the Office of State Employee Relations:
             Lanning S. Mosher               Director 
             Hugh G. E. MacMahon, Esquire    Attorney 
             John J. Sears, Esquire          Attorney 
             Gary A. Mather                  Staff and Witness 
             Todd H. Smith                   Staff 
             Allen Weeks                     Chief, Maine State Police, Witness 
             Melvin H. Austerman, Esquire    Attorney, Witness 
             John P. O'Sullivan              Commissioner of Finance & Administration 
             Allen G. Pease                  Director of State Planning Office, Witness 
             Otto W. Siebert                 State Budget Officer, Witness 
             Richard W. Tripp                Acting Director of Personnel, Witness 
             William Blodgett                Executive Director of the Maine State Retire- 
                                             ment System, Witness
             Keith Ingraham                  Director of Bureau of Alcoholic Beverages 
             Frank Mack, Jr.                 Personnel Director, Mental Health and 
                                             Correction, Witness
             Judy Berry                      Staff 
             Roland A. Nichols               Staff 
     For the Maine Teachers Association:
             John H. Marvin                  Executive Director 
             Robert Bourgault                Director of Field Services 
     For Local 333, United Marine Workers:                         
             (No appearances entered)

     For Maine State Nurses Association:

             Nancy Chandler                  Director, Economic Security Council

             Kathleen Whitzell               Chairman, Council of Economic and General

             Leslie Kay Randall              American Nurses Association, Witness

             Vera M. Gillis                  Witness

             Drucella Little                 Witness

             Katherine Worthley              Witness
     By motion of the Office of State Employee Relations dated February 12, 1976, it was
moved that the date of March 1, 1976, be established as a cutoff date for the filing of
any further petitions for unit determinations in the foregoing proceeding.  The motion
was argued in open hearing on February 12, 1976, and granted by the hearing examiner,
with stipulations that certain publication requirements be met.  The contents of that
motion and the granting thereof are hereby incorporated herein by reference.
     At the close of the substantive hearings on the Petitions for Appropriate Unit
Determination and Motions to Intervene therein, as were closed on July 1, 1976, the hear-
ing examiner announced the following timetable:  (1) any mutual or unilateral amendments
to the petitions for unit determination will be made and filed with the Maine Labor Rela-
tions Board on or before the close of business July 16, 1976; (2) the parties will be able
to file post-hearing briefs, at their option, until Friday, July 30, 1976, and any post-
hearing briefs so filed must be received in the offices of the Maine Labor Relations Board
on or prior to July 30, 1976; and (3) the parties may be asked to brief certain issues by
the hearing examiner on points which require clarification.  If a request for such a brief
is forthcoming, the parties will be advised of the filing date in the request itself.
     This is the first substantive decision rendered under the State Employees Labor
Relations Act which specifically incorporates standards found in Section 979-E, Paragraph
2, of that statute.  Specifically, it is the first time that the triple standards of (1)
insuring the fullest freedom in exercising the rights guaranteed by the State Employees
Labor Relations Act, (2) to insure a clear and identifiable community of interest among
employees concerned, and (3) to avoid excessive fragmentation among bargaining units in
State Government have been applied in such a proceeding.  While the first two standards
appear under the provisions of Section 966, Paragraph 2, of the Municipal Employees Labor
Relations Act, this decision rendered under the State Employees Labor Relations Act re-
presents the first occasion that all three standards have been applied simultaneously.
In making the following conclusions regarding the seven bargaining units proposed herein,
the Executive Director has taken into consideration the three foregoing standards as well
as the testimony offered by petitioners and intervenors, the cited experiences from other
jurisdictions which have collective bargaining at the State employee level, and the argu-
ments set forth in exhibits and post-hearing briefs.  Of particular interest is the
testimony from Office of State Employee Relations witness Melvin H. Osterman, Jr., Esquire,
regarding the experience in New York State, i.e., the fact that that jurisdiction has eight
bargaining units for more than 180,000 state employees.  Moreover, two of these eight units
are concerned with State Police personnel and a third unit is concerned with State Univer-
sity "professional" employees.  Consequently, the expert testimony offered by Mr. Osterman
indicated that the five remaining bargaining units in New York State government service
covered more than 140,000 employees.  Further expert testimony from George Bennett, Deputy
Commissioner for Employee Relations for the Commonwealth of Massachusetts, indicated that

our sister state in New England has been able to rearrange its collective bargaining law
(effective in 1974) for employees at the state level without a proliferation of bargain-
ing units.  It is with these factors in mind that the hearing examiner believes that the
seven collective bargaining units set forth in this report are appropriate for effective
operation of the collective bargaining process contemplated in the State Employees Labor
Relations Act.
     Employees in this unit generally perform their duties in an office environment and
their work product may generally be described as a service, opposed to the production of
product(s).  Employees in this unit are commonly referred to as "white collar" workers
who work with and near light office equipment during a standardized work week.  Their
career ladders, promotions and transfers are almost exclusively within this unit and
they have unique interests regarding their working conditions, i.e., parking facilities,
heat and air conditioning, ventilation, rest periods and facilities therefor, rest rooms,
dress codes, inclement weather policy, policies concerning advancement, training and pro-
motion, equipment replacement, cafeteria service or its proximity, and vacation schedule.
There is also concern for the basic considerations of pay, retirement, and personnel
     These employees generally work inside and with other employees or members of the
public who share interrelated work areas, functions and/or concerns.  Employees in this
unit are seldom, if ever, subject to emergency call back or standby requirements or
shift work.  These employees are seldom, if ever, required to supply any of the tools of
their profession as these items are generally part of the office environment provided by
the employer.  Most of these employees have private training and/or experience which
qualify them for their jobs and give them relatively high potential for transfers and
promotions to other generic groupings or job titles within the bargaining unit.                      

     The following job categories are appropriately included in this unit:

     Account Clerk I                              Buyer I  
     Account Clerk II                             Buyer II
     Actuarial Clerk                              Civil Defense Agent
     Administrative Secretary I                   Civil Preparedness Education Agents
     Administrative Secretary II                  Civil Defense Agent (County)
     Administrative Services Claims               Claims Interviewer I
       Deputy I                                   Claims Interviewer II 
     Administrative Services Claims               Claims Interviewer III
       Deputy II                                  Clerical Aide 
     Assistant Buyer                              Clerk I
     Assistant Legislative Auditor                Clerk II
     Assistant Manager Retail Stores              Clerk III
     Assistant Military Property Officer          Clerk IV                    
     Assistant Motor Vehicle Hearing              Clerk Steno I
       Officer                                    Clerk Steno II
     Assistant Plans and Training                 Clerk Steno III
       Officer (County)                           Clerk Typist I  
     Alcohol Rehabilitation Counselor I           Clerk Typist II                         
     Alcohol Rehabilitation Counselor II          Clerk Typist III                         
     Assistant Secretary Public Utilities         Computer Operator                   
     Assistant Securities Examiner                Computer Operator Aide
     Bookkeeper                                   Computer Programmer
     Bookkeeper Machine Operator I                Computer Programmer Aide                    
     Bookkeeper Machine Operator II               Computer Typesetter                    
     Bookkeeper Machine Operator                  Correspondence Specialist
       Supervisor                                 Data Communications Terminal Operator 
     Bookmobile Operator                          Data Control Clerk I
     Budget Examiner I                            Data Control Clerk II

     Data Control Librarian I                     Military Property Clerk
     Data Control Librarian II                    Military Public Clerk
     Data Control Specialist                      Museum Aide
     Data Entry Operator I                        Museum Technician I
     Data Entry Operator II                       Museau Technician II
     Data Entry Specialist                        Multi-Lift Operator
     Data Entry Supervisor                        Nosologist I
     Data Entry Systems Manager                   Nosologist II
     District Humane Agent                        Paramutual Assistant Supervisor
     Driver License Examiner I                    Park Receptionist
     Driver License Examiner II                   Pharmacy Clerk
     Driver License Examiner Aide                 Photocopy Machine Operator I
     Duplicating Equipment Operator               Photocopy Machine Operator II
     Emergency Energy Coordinator I               Photographer I
     Executive Secretary, Board of Barbers        Photographer II
     Exhibit Display Manager                      Photographic Lab Assistant
     Exhibit Technician I                         Photographic Lab Technician
     Exhibit Technician II                        Plans and Training Officer CD (CTY)
     Ferry Service Terminal Agent I               Police Communications Operator
     Ferry Service Terminal Agent II              Post Office Clerk I
     Field Inspector                              Post Office Clerk II
     File Clerk                                   Poultry Test Manager
     Financial Response Evaluator I               Radio Operator
     Financial Response Evaluator II              Records Technician I
     Fingerprint Classification I                 Records Technician II
     Fingerprint Classification II                Reimbursement Investigator I
     Fuel Distribution Systems Technician         Retail Store Clerk
     Geology Clerk                                Sardine Quality Grader I
     GMIS Coder                                   Sardine Quality Grader II
     Hearings and Case Record Specialist          Secretary
     Hearings Examiner                            Social Worker Aide
     Hearings Reporter                            Statistical Clerk
     Hearings Specialist                          Statistician I
     Highway Attorney Aide                        Storekeeper I
     Homemaker Aide I                             Storekeeper II
     Homemaker Aide II                            Stores Clerk
     Human Services Aide I                        Supervisor Ballot Room
     Human Services Aide II                       Surplus Property Field Agent
     Human Services Aide III                      Switchboard Operator
     Illustrator I                                Switchboard Supervisor I
     Illustrator II                               Switchboard Supervisor II
     Indian Development Specialist Assistant      Tabulation Equipment Operator I
     Information Security Guide                   Tabulation Equipment Operator II
     Inheritance Tax Supervisor                   Teletype Information Clerk
     Labor Statistical Technician                 Title Investigator
     Law Clerk                                    Transportation Communications Operator
     Legislative Research Technician I            Unemployment Compensation Aide
     Legislative Research Technician II           Vari-Typist
     Legislative Research Technician III          Vital Statistics Field Agent
     Library Assistant                                              
     Liquor                                       Unclassified positions included:
     Merchandising Assistant                      Bookkeeper
     Manpower Aide I                              Clerical Assistant
     Manpower Aide II                             Clerk-Receptionist
     Manpower Aide III                            Clerk Stenographer II
     Mechanical Store Clerk I                     Clerk Typist II
     Mechanical Store Clerk II                    Correspondence Specialist
     Mechanical Store Assistant Supervisor        File Clerk
     Medical Records Technician                   GMIS Coder
     Medical Secretary I                          Legislative Staff Assistant
     Medical Secretary II                         Parole Board Assistant
     Military Administrative Specialist           Secretary
     Military Operations Specialist I             Secretary-Bookkeeper
     Military Operations Specialist II            Switchboard Operator
     Military Property Auditor

So Ordered. 
     Employees in this unit generally possess a post-secondary school education and/or
are involved in the performance of professional or technical functions which require
specialized training and, in some instances, include a license or registration require-
ment.  This specialized training is to be distinguished from general academic preparation
or participation through an apprenticeship or training program.  The work product of
employees in this unit may be of an intellectual nature and may vary in content and scope
although usually performed during a normal work week.  These employees may have to exer-
cise discretion in scheduling and performing their tasks and these tasks may be of a
nature which may not be standardized (i.e., not scaled on productivity schedules commonly
associated with routine, manual or physical tasks).  These employees frequently perform
interrelated work in which the employee-supervisor relationship is only incidental to the
work produced.  Job performance for these employees frequently qualifies them for promo-
tions to positions of a similar nature with increased responsibilities and increased com-
pensation.  They may be involved in analysis, design, construction, operation and/or
maintenance of special programs and, consequently, consider themselves as "professional"
and they may affiliate with professional organizations.  These employees are concerned
with job fulfillment, professional status, incentive awards, and in-service or educa-
tional benefits to a point which may distinguish them from other state employees.  Of
paramount importance is parity of pay and professional affiliations with counterparts in
the private sector.  These employees are primarily of the "white collar" variety and fre-
quently associate with other "white collar" workers in the performance of their duties.
     The following job categories are appropriate for inclusion in this bargaining unit:
     Accountant I                                 Bank Examiner I
     Accountant II                                Bank Examiner II
     Accountant III                               Bank Examiner III
     Accounting Systems Analyst                   Biologist I
     Actuarial Accountant                         Biologist II
     Administrative Reserve Development           Biologist III
     Adult Education Specialist                   Biologist IV
     Aeronautics Inspector                        Biology Aide
     Aircraft Pilot                               Bio Chemist
     Alcoholism Regional Planning Coordinator     Business Law Specialist
     Alcoholism Program Specialist                Catographer
     Analyst Programmer I                         Chaplain I
     Analyst Programmer II                        Chaplain II
     Analyst Programmer III                       Chemist I
     Animal Industry Specialist I                 Chemist II
     Animal Industry Specialist II                Chemist III
     Animal Medical Technician                    Chief Counsel Land Damage Board
     Apprenticeship Specialist                    Chief Inspector of Aeronautics
     Architect                                    Chief Protective Services Civil Defense
     Architectual Aide                            Chief Radiological Defense Services
     Architectual Historian                       Chief Buyer
     Archivist I                                  Child Welfare Consultant
     Archivist II                                 Civil Defense Communications Technician
     Archivist III                                Civil Defense Public Affairs Officer
     Art Humanities Assistant                     Civil Defense Instructor
     Assistant Bank Examiner                      Civil Engineer I
     Assistant Engineer                           Civil Engineer II
     Assistant Government Auditor                 Civil Engineer III
     Assistant Military Training Officer          Civil Engineer IV
     Assistant Pharmacist                         Civil Defense Shelter Officer
     Assistant State Geologist                    Classification and Rehabilitation
     Assistant State Horticulturist                 Officer
     Assistant Classification and Rehabili-       Commercial Marine Fisheries Extension
       tation Officer                               Agent Assistant
     Attorney                                     Commercial Recreational Specialist
     Attorney Examiner                            Comprehensive Health Planner I

     Comprehensive Health Planner II              Forester I                      
     Computer Programer                           Forester II
     Computer Programer III                       Forester III
     Consultant Mechanical Engineer               Forester IV
     Consultant Motor Vehicle Safety              Geologist I
     Consultant Small Business Enterprises        Geologist II
     Coordinator Program and Management           Geologist III
     Correctional Plans Coordinator               Geology Aide
     Dental Hygienist I                           Governmental Auditor I
     Dental Hygienist II                          Governmental Auditor II
     Dentist                                      Guarantee Program Analyst I
     Development Representative I                 Guarantee Program Analyst II
     Development Representative II                Health Services Consultant
     Dietary Consultant                           Highway Attorney
     Director Consumer Information Education      Highway Attorney Assistant                       
     Director Division of Curriculum              Highway Safety Coordinator
       Resources                                  Highway Training Officer
     Director Division of School Facilities       Historian
     Director Division of Trade Marketing         Historic Preservationist
     Director of Economics and Research           Hospital Services Consultant
       Analyst                                    Hospital Technician
     Director Medical Program Review              Housing Services Specialist
     Director Nutrition Services (MH&C)           Human Services Technician I
     Director of Services for the Deaf            Human Services Technician II                      
     Disability Claims Examiner                   Human Services Worker I
     Disability Claims Adjudicator                Human Services Worker II
     Drug Abuse Program Specialist                Human Services Worker III
     Drug and Alcohol Records Analyst             Humanities Research Assistant
     Drug Program Coordinator                     Hydrogiologist
     Educational Specialist I                     Illustrator III
     Educational Specialist II                    Industrian Hygienist
     Educational Specialist III                   Information Officer Civil Defense
     Education Training Officer                   Informational Representative
     Electrical Inspector                         Informational Writer
     Electrician I                                Insurance Claims Examiner
     Electrician II                               Insurance Company Examiner
     Electrician Foreman                          Insurance Contract Examiner
     Electrician-Lineman                          Insurance Rate Analyst
     Electroencephalograph Technician             Insurance Risk Analyst
     Emergency Energy Coordinator II              Laboratory Technician I                      
     Emergency Medical Care Instructor            Laboratory Technician II
     Employment Counselor I                       Laboratory Technician III
     Employment Counselor II                      Landscape Architect Aide
     Employment Counselor III                     Landscape Architect I
     Emergency Medical Care Training              Landscape Architect II
       Coordinator                                Landscape Architect III
     Engineering Technician I                     Legislative Auditor I
     Engineering Technician II                    Legislative Auditor II
     Engineering Technician III                   Legislative Auditor III
     Engineering Technician IV                    Librarian I
     Engineering Technician V                     Librarian II
     Entomologist I                               Librarian III
     Entomologist II                              Librarian IV (except Legislative Law
     Entomologist III                               Library personnel)
     Environmental Licensing Officer              Librarian V
     Environmental Technician                     Licensed Practical Nurse
     Environmental Resources Planner              Liquor Merchandising Agent
     Environmental Specialist                     Lottery Marketing Agent
     Executive Secretary, Maine Insurance         Manpower Specialist I
       Advisory Board                             Manpower Specialist II    
     Executive Aircraft Pilot                     Manpower Specialist III
     Executive Aircraft Co-Pilot                  Manual Training Teacher
     Ferry Service Engineer                       Marine Fisheries Advisor
     Ferry Service Assistant Port Engineer        Marine Resources Scientist I                      
     Ferry Service Port Engineer                  Marine Resources Scientist II
     Field Advisor and Examiner I                 Marine Resources Specialist
     Field Advisor and Examiner II                Marine Resources Specialist III
     Fire Services Instructor                     Marine Resources Technician
     Fish and Game Technician                     Marketing Agent
     Food Technologist                            Marketing Specialist I
     Forest Resources Planner                     Marketing Specialist II

     Marketing Specialist III                                            
     Mechanical Engineer                          Psychiatric Nursing Instructor I  
     Medical Photographer                         Psychiatric Nursing Instructor II 
     Medical Records Librarian                    Psychiatric Social Worker I     
     Medical Social Worker Consultant I           Psychiatric Social Worker II    
     Medical Social Worker Consultant II          Psychiatric Social Worker Assistant
     Medicare Consultant                          Psychiatric Social Worker Supervisor
     Mental Health Worker IV                      Psychologist I                  
     Mental Retardation Regional Coordinator      Psychologist II                 
     Metrologist                                  Psychologist III                
     Microbiologist Aide                          Psychologist IV                 
     Microbiologist Supervisor                    Psychology Assistant            
     Military Training Officer                    Psychology Fellow               
     MIlitary Training Officer (MLECJA)           Psychology Intern               
     Military Assistant Training Officer          Public Health Dentist           
       (MLECJA)                                   Public Health Educator I        
     Management Analyst I                         Public Health Educator II       
     Management Analyst II                        Public Health Educator III      
     Aanagement Research Analyst I                Public Health Nurse             
     Management Research Analyst II               Public Health Nurse I           
     Management Research Analyst III              Public Health Nurse II          
     Manpower Training Coordinator                Public Health Nursing Consultant
     Mobility Instructor for the Blind            Public Health Physician I       
     Motion Picture Specialist                    Public Health Physician II      
     Motor Vehicle Hearings Officer               Publicity Representative I      
     Museum Specialist I                          Publicity Representative II     
     Museum Specialist II                         Radio Technician                
     Museum Specialist III                        Radiological Maintenance Officer (CD)                            
     Nurse I                                      Ranger Pilot I                  
      Nurse II                                    Ranger Pilot II                 
     Nurse III                                    Rate & Tariff Examiner I        
     Nurse IV                                     Rate & Tariff Examiner II       
     Nursing Education Consultant                 Real Estate Examiner            
     Nutrition Consultant                         Records Management Analyst I    
     Nutritionist                                 Records Management Analyst II   
     Nutritionist Assistant                       Records Management Analyst III  
     Obstetrician                                 Recreation Therapist            
     Occupational Alcoholism Specialist           Refrigeration & Air Condition Specialist                      
     Occupational Safety Engineer                 Registered Nurse                
     Occupational Therapist I                     Rehabilitation Assistant (formerly
     Occupational Therapist II                      Assistant Director, Vocational  
     Oceanographer                                  Rehabilitation)                 
     Organization & Methods Examiner I            Rehabilitation Consultant       
     Organization & Methods Examiner II           Rehabilitation Counselor I      
     Park Planner                                 Rehabilitation Counselor II                                                                           
     Pathologist                                  Rehabilitation Counselor III    
     Personal & Consumer Finance Examiner I       Remotivation Instructor         
     Personal & Consumer Finance Examiner II      Research Associate I            
     Pharmacist                                   Research Associate II           
     Pharmacy Inspector                           Right of Way Agent I            
     Physical Therapist I                         Right of Way Agent II            
     Physical Therapist II                        Right of Way Appraiser I        
     Physician Assistant                          Right of Way Appraiser II                                                             
     Physician I (PSY)                            Sanitary Engineer I             
     Physician II (PSY)                           Sanitary Engineer II
     Physician III (PSY)                          Sanitary Engineer III                    
     Physician IV (PSY)                           Sanitary Engineer IV            
     Planning Associate I                         Securities Examiner             
     Planning Associate II                        Senior Computer Operator        
     Plans and Training Coordinator               Senior Computer Programmer      
     Plant Pathologist                            Snowmobile Coordinator          
     Port Solicitor                               Social Research Scientist       
     Priest                                       Soil Research Scientist         
     Project Coordinator Services for the         Soil Scientist                 
       Aging                                      Speech Consultant               
     Property Assessor Advisor                    Speech Therapist                
     Property Assessor Analyst                    Staff Development Specialist    
     Property Accountant I                        State Entomologist              
     Property Accountant II                       State Geologist                 
     Property Assessment Advisor I                State Horticulturist            
     Property Assessment Advisor II               State Racing Steward            
     Property Assessment Advisor III              Statistician II                 
     Statistician III                             Director Recreation
     Superintendent Womens Correctional           Drafts Person
       Center                                     Driver Education Instructor & Trans-
     Systems Software Specialist I                  portation Coordinator (Manpower)
     Systems Software Specialist II               Field Representative
     Teacher Certification Officer                Field Monitor (CETA)
     Teacher Placement Officer                    Fire Services Training Instructor
     Therapeutic Specialist                       Fiscal Officer
     Trades & Marketing Analyst                   Grant Auditor
     Traffic Manager Waterways                    Grant Coordinator
     Training Center Caseworker                   Grant and Financial Manager (Law Enf.
     Training Services Specialist                   P&A)
     Treasury Fiscal Agent                        Head Start Coordinator
     Trial Attorney                               Health Services Coordinator
     Uniform Crime Reporting Advisor              Hydrogeologist
     Utility Accountant I                         Illustrator
     Utility Accountant II                        Indian Coordinator
     Utility Accountant III                       Information Director
     Utility Engineer I                           Island Coordinator
     Utility Engineer II                          Inspector State Apprenticeship Council
     Utility Hearings Examiner                    Institutional Teachers (MH&C)
     Utility Rate Examiner                        Instructor (Manpower)
     Veterans Claims Specialist                   Interpreter
     Veterans Counselor I                         Juvenile Delinquent Coordinator
     Veterans Counselor II                        Juvenile Delinquent Coordinator (Law
     Veterinarian I                                 Enf. P&A)
     Veterinarian II                              Librarian
     Veterinarian Supervisor                      Manual Training Teacher (MH&C)
     Visually Handicap Child Counselor I          Nurses Aide Instructor (Manpower)
     Visually Handicap Child Counselor II         Nursing Instructor
     Work Experience Training Specialist I        Nutrition Instructor
     Work Experience Training Specialist II       Planning Analyst
     X-Ray Consultant                             Planning Assistant
     X-Ray Technician I                           Planning Supervisor (Law Enf. P&A)
     X-Ray Technician II                          Program Analyst
                                                  Programming Assistant
     Unclassified positions included:             Programmer
     Accountant                                   Programmer Coordinator
     Administrative Assistant (HRC)               Public Information Coordinator
     Alcoholism Counselor                         Public Information Coordinator (Law
     Assistant Attorney General (Manpower)          Enf. P&A)
     Assistant Dean of Students                   Publicity Representative
     Assistant Learning Lab Coordinator           Regular Grant Coordinator (Law Enf.
     Assistant Work Sampling Instructor             P&A)
       (Manpower)                                 Regulation of Snowmobile Safety
     Associate Planner                              Coordinator
     Auditor                                      Research Associate (excluding LSER)
     Auditor (Law Enf. P&A)                       Researcher
     Barbering Instructor                         Resource Analyst
     Census Surveyor                              Resource Planner
     CETA Monitor                                 Sanitary Engineer
     Clearing House Coordinator                   Senior Grant Administrator (Law Enf.
     Co-Director ARP (I. Aff.)                      P&A)
     Communications Coordinator                   Senior Grant Coordinator
     Community Development Specialist             Senior Grant Planner
     Community Organizer                          Ship Captain
     Community Worker                             Special Education Teacher (MH&C)
     Contract Compliance Director                 SRO Orientation Instructor (Manpower)
     Correctional Community Relations             Statistician Analyst
       Specialist (Law Enf. P&A)                  Statistician Analyst (Law Enf. P&A)
     Corrections Coordinator (Law Enf. P&A)       Survey Planner (I. Aff.)
     Counselor                                    Teacher
     Court Coordinator (Law Enf. P&A)             Teacher of the Deaf
     Court Specialist                             Teacher with Degree & Certification
     Data Collector                                 (MH&C)
     Deputy Director Division of Community        Teacher Principal Large SCUT
       Services                                   Teacher Principal Small SCUT
     Deputy Director (Law Enf. P&A)               Teacher SCUT
     Director Bureau of Research and              Training Advisor (MH&C)
       Development                                Tribal Development Manager (I. Aff.)
     Director Data Analysis (Law Enf. P&A)        Veterans Affairs Coordinator
     Director of Operations (Law Enf. P&A)        Vocational Teacher (MH&C)


     Vocational Trades Instructor                 Voluntary Services Specialist
     Vocational Trades Instructor (MH&C)          Work Procurement Specialist
     Voluntary Services Coordinator            
So Ordered                                
3.  INSTITUTIONAL SERVICES                 

     Employees in this unit render services and care to patients, inmates, residents and
"clients" who are confined on a 24-hour, 7-day-a-week basis at the State's institutions.
These employees may require special orientation to the kinds of persons they treat,
scrutinize, counsel, educate or guard and their work may require shift work, variable
work, or overtime, (i.e., there may be no standardized work week).  The upper limit of
formal education generally required of employees in this unit is graduation from high
school and career development is usually satisfied and enhanced through internal promo-
tions, career ladders and in-service training programs.  There is limited opportunity for
promotions or lateral transfers outside the bargaining unit.
     These employees have substantial concern about their working environment, the conduct
of persons they serve and the security of their particular institutional setting.
Accordingly, they have a special interest in shift differential, the former so-called
"combat pay," holiday pay, call back policy and pay, meal allowances, social training
required and/or desirable to improve their relationship and working ability with the
client/patients/inmates whom they serve, shift assignments, seniority, job posting and
special career ladders.
     The following job categories are appropriately included in this unit:

     Assistant Prison Steward                     Laundry Washman
     Assistant Wood Shop Manager                  Laundry Worker I
     Assistant Manager Prison Retail Store        Laundry Worker II                            
     Baker I                                      Meat Cutter
     Baker II                                     Mental Health Worker I
     Barber                                       Mental Health Worker II
     Beautician                                   Mental Health Worker III
     Butcher                                      Metal Shop Foreman
     Clothing Shop Foreman                        Nursing Assistant I
     Clothing Shop Manager                        Nursing Assistant II
     Cobbler                                      Nutritionist Aide 
     Cook I                                       Occupational Therapy Aide I
     Cook II                                      Occupational Therapy Aide II
     Cook III                                     Prison Steward
     Corrections Infirmary Attendant              Prison Retail Store Manager
     Corrections Officer I                        Psychiatric Aide I
     Custodian*                                   Psychiatric Aide II
     Dental Assistant                             Institutional Clothing Supervisor
     Dental Hygienist Assistant                   Recreation Aide
     Dining Room Supervisor                       Sanding Room Manager
     Food Service Worker                          Seamstress I
     Furniture Shop Manager                       Seamstress II
     General Farmer III                           Supervision Recreation
     Guard                                        Therapist Assistant
     Guard Sergeant                               Therapy Aide I
     Health Services Consultant Aide              Therapy Aide II
     Hospital Ward Clerk                          Training School Counselor I
     House Guardian                               Training School Counselor II
     Houseparent I                                Woodshop Foreman
     Houseparent II                           
     Institution Clothing Clerk                   Unclassified positions included:
     Institutional Resident Representative    
     Institutional Security Supervisor            Teacher Aide
     Laundry Supervisor I                     
                                                  *See page 12
So Ordered

*From the testimony taken at the unit determination hearings it was apparent that custo-
dians working in the institutional setting have significant contact with patients and, in
fact, play a role in patient care and rehabilitation.  Accordingly, it is the recommenda-
tion of the hearing examiner that the job title of "Custodian" be placed in two categories,
momentarily, first in this particular bargaining unit and also in the operational and
maintenance services unit which follows later in this report.  While the title of Custo-
dian Worker appears in one general context, it is apparent to the hearing examiner that
persons in this job category function in two specific settings, i.e., the institutional
setting which involves patient contact and care, and other settings which are devoid of
such special requirements.  In the long run, it is the recommendation of the hearing
examiner that this job category be split and a separate or special title designated for
custodial workers who perform services in the institutional setting, thus allowing for the
custodial workers in a non-institutional setting to become exclusively controlled under
the provisions of the collective bargaining agreement, if any, relating to the Operations
Maintenance and Support Services unit.  This dychotomy of titles is desirable not only to
prevent fragmentation of job titles between bargaining units, but also to describe the
functions performed by persons in their various employment settings.  During the unit
determination hearings, it became painfully apparent that many persons working in the
institutional setting were performing services not confined to the job description within
which they were working and were, in fact, providing an interchange of services among
several job classifications.  Therefore, it is with reluctance that the hearing examiner
recommends the inclusion of Custodial Workers (institutional) be included in this bargain-
ing unit while other custodial workers be included in the Operations Maintenance and
Support Services unit, in spite of the fact that this recommendation necessitates the
splitting of this particular job category among two bargaining units for the time being.
     This unit includes job classifications involved with law enforcement and other public
safety and regulatory functions, excluding State Police personnel.  Many of these
employees are subject to call backs and frequently work a nonstandard work week.  Their
work may require the wearing of a uniform and their job duties may involve an element of
personal danger.  Many of these employees enjoy a retirement plan which is different from
that which is accorded to "regular" state employees who work standard work weeks under
conditions where there is no common element of personal danger associated with job perfor-
mance.  Moreover, these employees perform their services away from a set office environ-
ment and are frequently called upon to travel to general or specified locations in order
to perform their services.
     Employees in this unit receive varying degrees of special training in various aspects
of law enforcement.  Some of these employees are required to be in good physical condition
although this is not necessarily a condition of employment and they must be free of psy-
chological problems or blemishes on their personal records.  These employees are fre-
quently supervised by immediate supervisors who have been promoted through the ranks.
     These employees may not perceive themselves as either white or blue collar workers
but as specialized professionals whose work experience and qualifications are unique to
the services they are required to perform.  They have special interests in hours of work,
uniform allowances, holiday pay, vacation scheduling, safety equipment and procedures,
meal allowances, standby pay, pay for court appearances, scheduling and days off, mileage
allowance, special health insurance, special retirement benefits and physical examinations.

     The following job categories are appropriately included in this unit:

     Campground Ranger I                          Criminal Inspector
     Campground Ranger II                         Dairy Inspector
     Capitol Police Officer                       Day Care Supervisor
     Chief Criminal Inspector                     Field Examiner I
     Coastal Warden Aide                          Field Examiner II
     Coastal Warden I                             Field Investigator I
     Coastal Warden II                            Field Investigator II
     Coastal Warden III                           Fire Inspector I
     Corrections Officer II


     Fire Inspector II                            Oil Burner Inspector
     Food Inspector I                             Plumbing Inspector
     Food Inspector II                            Probation Parole Officer I                        
     Forest Ranger I                              Probation Parole Officer II
     Forest Ranger II                             Produce Inspector I
     Forest Ranger III                            Produce Inspector II
     Forest Ranger IV                             Produce Inspector III
     Game Warden Aide                             Public Utilities Investigator I
     Game Warden I                                Public Utilities Investigator II
     Game Warden II                               Safety Compliance Officer
     Game Warden III                              Seed Potato Inspector
     Highway Investigator                         Tax Examiner I
     Horticulture Inspector                       Tax Examiner II
     Industrial Safety Inspector                  Tax Examiner III
     Jail Inspector                               Tax Investigator
     Labor and Safety Inspector I                 Weights and Measures Inspector                     
     Labor and Safety Inspector II                                       
     Lifeguard                                    Unclassified positions included:
     Lifeguard Supervisor                     
     Liquor Inspector I                           Compliance Officer
     Liquor Inspector II                          Field Investigator
     Liquor Licensing Inspector                   Fraud Investigator
     Motor Vehicle Inspector                      Police Coordinator
So Ordered.                              
5.  STATE POLICE SERVICES             

     Employees in this bargaining unit have the same interests, needs and concerns as
employees in the Law Enforcement, Public Safety and Regulatory Services unit except they
are members of the Maine State Police in the grade of Trooper, Corporal and Sergeant.
Accordingly, it is the opinion of the hearing examiner that employees of the Maine State
Police in the grades of Trooper, Corporal and Sergeant should be included in this.
bargaining unit.
So Ordered.
     In establishing this separate bargaining unit, the hearing examiner is persuaded by
the testimony offered therefor by proponents of the Maine State Troopers Association and
the post-hearing brief of that Association.  Petitioner-Intervenor Maine State Troopers
Association has cited compelling rationale for a separate state police bargaining unit
when it refers to state and national precedents elsewhere in the United States and makes
particular reference to the Taft-Hartley Act amendments to the National Labor Relations
Act which are intended to insure plant-protection employees in the time of labor unrest.
The hearing examiner believes it desirable to establish this separate bargaining unit in
such a way to avoid conflicting loyalties during periods of labor unrest or acts violative
of Section 979-C of the State Employees Labor Relations Act.  In its post-hearing brief,
petitioner-intervenor has cited recent events and the standby (and contemplated interven-
tion) functions of the Maine State Police.  The role of the employees in this bargaining
unit under such circumstances warrants the establishment of a separate and distinct bar-
gaining unit without violating the excessive fragmentation dictates of Section 979-E of
the State Employees Labor Relations Act.
     Employees in this unit are primarily skilled and semi-skilled "blue collar" employees,
including the traditionally recognized crafts and trades.  They may be involved with
skilled or semi-skilled manual labor and construction, repair, maintenance or service of

buildings, domestic and/or repair service (in non-institutional setting), or the operation   
of machines, or equipment and vehicles.  These employees in this unit typically work with
things, not people, and the upper limit of formal education required to perform the job
function generally does not exceed graduation from secondary schooling.  While these em-
ployees may be able to transfer into other jobs requiring similar skills and abilities
within the bargaining unit, their career ambitions are usually satisfied through the use
of career ladders.  The lower levels of supervision are frequently filled by employees who
have been promoted through the ranks.  Employees in the unit may be employed in either
indoor or outdoor locations.
     Employees in this unit have special interests in job security, career ladders, job
posting and promotional opportunities, progression from apprectice to journeymen status,
seniority, shift differentials, and assignments of work and holiday work, inclement
weather policy, equipment, uniform and tool allowances, overtime practices and pay and
health programs.
     The following job categories are appropriately included in this unit:
     Aircraft Mechanic                            Forest Ranger II
     Assistant Fish Hatchery Foreman              Furniture Repairman
     Assistant Pier Superintendent                Gamekeeper
     Assistant Superintendent of the Game         Gamekeeper Aide
       Farm                                       Gatehouse Attendant
     Automotive Mechanic                          General Farmer I
     Automotive Mechanic Foreman                  General Farmer II
     Automotive Electrician                       Groundskeeper I
     Blacksmith                                   Groundskeeper II
     Blister Rust Field Assistant                 Heavy Equipment Operator I
     Boat Foreman                                 Heavy Equipment Operator II
     Body and Fender Mechanic                     Highway Maintenanceman I
     Bridge Operator I                            Highway Maintenanceman II
     Bridge Operator II                           Highway Maintenanceman IIA
     Bridgeman                                    Highway Maintenanceman III
     Building Custodian                           Highway Maintenanceman IV
     Campground Attendant                         Housekeeper I
     Capitol Buildings and Grounds Officer        Housekeeper II
     Carpenter                                    Institutional Firefighter
     Carpenter Foreman                            Institutional Marshall
     Cemetery Foreman                             Laboratory Assistant
     Cemetery Maintainer                          Laborer I
     Chemist Assistant I                          Laborer II
     Chemist Assistant II                         Light Equipment Operator
     Civil Defense Instructional Repairman        Machinist       
     Crusher Foreman                              Maid
     Custodians                                   Maintenance Mechanic
     Custodial Worker I                           Mason
     Custodial Worker II                          Navigational Aide Foreman
     Custodial Worker III                         Paddock Assistant
     Dishwasher                                   Painter
     Driver Trainer                               Park Ranger I
     Engineering Aide I                           Park Ranger II
     Engineering Aide II                          Plant Maintenance Engineer I
     Environmental Aide                           Plumber I
     Farm Worker                                  Plumber II
     Ferry Service Able Seaman                    Poultry Tester
     Ferry Service Representative Technician      Poultryman 
     Ferry Service Ordinary Seaman                Sanitarian I      
     Ferry Service Pilot Fireman                  Sanitarian II 
     Fireman                                      Sign Painter
     Fish Hatchery Aide                           Sign Shop Assistant
     Fish Hatcheryman                             State House Housekeeping Foreman
     Forest Nurseryman                            Stationary Engineer
     Forest Ranger Mechanic                       Stationary Fireman
     Forest Watchman                              Tire Technician
     Forestry Aide                                Upholsterer
     Forest Inspector Ranger I                    Utility Engineering Aide

     Warehouseman                                 Driver
     Watchman                                     Driver/Coach
     Welder I                                     Fireman
     Welder II                                    First Mate
     Window Maintenance Mechanic                  Janitor
     X-Ray Assistant                              Laborer I
     Yard Foreman                                 Laborer II
     Unclassified positions included:             Maid
                                                  Maintenance Engineer
     Assistant Facilities & Work Experience       Sanitary Engineer
       Supervisor                                 Supportive Services Coordinator
     Bus Driver                                   Supportive Services Coordinator & SRO
     Chef at the Blaine House                     Steward
     Construction Work Supervisor                 Teacher Aide
     Cook Custodian                               Transportation Coordinator
     Deputy Boiler & Elevator Inspector           Transportation Supervisor
     Deputy Elevator Inspector                    Watchman
     District Humane Agent

So Ordered.

     Employees in this unit fill "middle management" positions of a supervisory nature
as contemplated in Section 979-E of the State Employees Labor Relations Act but are not
excluded per se from coverage thereunder pursuant to the provisions of Section 979-A,
Paragraph 6.  These employees are responsible for the direction and efficient and
effective utilization of other employees and, under collective bargaining, will assume
varying degrees of responsibility for contract administration (i.e., criteria set forth
in Section 979-E of the Act).  These employees have special interest in job content,
extend and nature of supervision, promotional opportunities and managerial/supervisory
training and development.
     The following job categories are appropriately included in this unit:      

     Administrative Officer Real Estate           Assistant Director of Hospital Services
       Commission                                 Assistant Director Inspections
     Admininstrator Physical Plant                Assistant Director Liquor Enforcement
     Aircraft Pilot Supervisor                    Assistant Director Maine Milk Program
     Area Director Work Incentive Program         Assistant Director Manpower Affairs
     Area Supervisor Homemaker Aide Services      Assistant Director Manpower Research
     Assistant Placement Supervisor               Assistant Director Motor Vehicle
     Assistant Chief Bureau of Driver             Assistant Director Public Health
       Licensing                                    Engineering Services
     Assistant Chief Bureau of Public             Assistant Director Placement Supervisor
       Service                                    Assistant Director Plant Industries
     Assistant Chief Game Warden                  Assistant Director Probation-Parole
     Assistant Chief Unemployment Compensa-       Assistant Director Public Health Lab
       tion Benefits                              Assistant Director Sales Tax
     Assistant Chief Unemployment Compensa-       Assistant Director Seed Potato Program
       tion Tax                                   Assistant Director Social Welfare
     Assistant Deputy Warden                      Assistant Driector State Fire Prevention
     Assistant Director Animal Industry           Assistant Director Transportation (PUC)
     Assistant Director Bureau of                 Assistant State Tax Assessor
       Administration (DOT)                       Assistant Superintendent Corrections
     Assistant Director Bureau of Corrections     Assistant Supervisor Baxter State Park
     Assistant Director Bureau of                 Assistant Supervisor Buildings
       Rehabilitation                             Assistant Supervisor Outdoor Recreation
     Assistant Director Conservation Informa-     Assistant Supervisor Park Maintenance
       tion Education                               Operations
     Assistant Director Division of Disability    Assistant Supervisor Services for Againg
     Assistant Director Division of Finance       Associate Commissioner Bureau of
       Education and Cultural Services              Management
     Assistant Director Division of Property      Bank Examiner IV
       Tax                                        Blister Rust District Leader
     Assistant Director Health                    Boat Captain Supervisor
     Assistant Director Highway Equipment         Bridge Supervisor


     Budget Examiner II                           Director Division of Eye Care
     Business Manager I                           Director Division of Finance (E&CS)
     Business Manager II                          Director Division of Forest Fire
     Business Services Manager                      Containment
     Campground Ranger III                        Director Division of Markets
     Cemetery Superintendent                      Director Division of Personal & 
     Chief Accountant Health & Welfare              Consumer Finance
     Chief Accountant Highway                     Director Division of Program Services
     Chief Accountant Manpower Affairs            Director Division of Promotions
     Chief Accountant (MH&C)                      Director Division of School Operations
     Chief Bureau of Air Pollution                Director Division of State Archives
     Chief Bureau of Driver Licensing             Director Division of Vacation and
     Chief Bureau of Oil Pollution Control          Travel
     Chief Communications (CD)                    Director Division of Teaching Education
     Chief Data Processing System                 Director Division of Vocational
     Chief Division of Land Quality Services       Rehabilitation
     Chief Division of Solid Waste Management     Director Family Services
     Chief Division of Transportation             Director Forest Management
     Chief Driver License Examinations            Director Gas & Water Division (PUC)
     Chief Electrical Inspector                   Director Geriatics
     Chief Employment Services Operations         Director Half Way House Program
     Chief Engineer Water Improvement             Director Highway Education Facilities
       Commission                                 Director Highway Safety Program
     Chief Engineering Public Utilities           Director Hospital Licensing
       Commission                                 Director Housing Services
     Chief Examiner                               Director Human Development Unit
     Chief Examiner Sales Tax                     Director Industrial Safety
     Chief Insurance Examiner                     Director Inheritance Tax
     Chief Materials Examiner                     Director Inspections
     Chief Motor Vehicle Investigation            Director Institutional Lab Services
     Chief Occupational Therapist                 Director Land Management
     Chief Physical Therapist                     Director Liquor Enforcement
     Chief Purchasing Standards                   Director Liquor Licensing
     Chief Resources Management (CD)              Director Malt Liquor Division
     Chief State House Security                   Director Manpower Adjudication Division
     Chief Supply Services (CD)                   Director Manpower Research
     Chief Tax Computation Division               Director Mental Retardation Facility
     Chief Training & Certification               Director Milk Program
     Chief Unemployment Compensation Benefits     Director Office of Alcohol and Drug
     Chief Unemployment Compensation Tax            Prevention                              
     Chief Volunteer Services                     Director Plant Industry
     Civil Defense Operations Officer             Director Probation-Parole
     Civil Engineer                               Director Public Health Engineering
     Coastal Warden Supervisor                    Director Public Health Laboratory
     Community Development Supervisor             Director Public Health Nursing
     Computer Operator Manager                    Director Public Printing 
     Computer Operator Supervisor                 Director Publicity Information and
     Construction Superintendent                    Education (H&W)
     Coordinator Keep Maine Scenic Program        Director Recreation                       
     Corrections Officer III                      Director Research and Statistics (Labor)
     Day Care Supervisor                          Director Retail Store
     Deputy Bank Commissioner                     Director Safety and Snowmobile
     Deputy Insurance Commissioner                  Registration
     Deputy Prison Warden                         Director School of Nutrition
     Director Aftercare Program                   Director of School Transportation
     Director Animal Industry                     Director Securities Division
     Director of Auto Maintenance                 Director Seed Potato Program
     Director Certification                       Director Social Services
     Director Child Welfare                       Director Social Welfare
     Director Childrens Psychiatric Hospital      Director Special Treatment Facilities                        
     Director Conservation                        Director State Comprehensive Health
     Director Control Services                      Planning
     Director Cottage Program                     Director State Fire Prevention
     Director Division of Adult Education         Director Surplus Foods Property
     Director Division of Agricultural            Director Teacher Education and Field
       Production                                   Services
     Director Division of Animal Welfare          Director Transportation Enforcement
     Director Division of Disability                Operations and Scheduling
       Determination                              Director Transportation Service
     Director Division of Development             Director Transportation Systems
     Director Division of Educational               Planning
       Renewal Resources                          Director Work Incentive Program

     Disability Supervisor Aftercare Program      Medical Lab Supervisor
     Disability Claims Supervisor                 Medical Services Supervisor
     District Supervisor Probation & Parole       Mental Health Worker V
     District Supervisor State Parks              Mental Health Worker VI
     Division Director Environmental              Mental Retardation Regional Coordinator
       Services                                   Metal Shop Manager
     Division Director Manpower Affairs           Military Property Manager
     Emergency Energy Supervisor                  Military Adjutant
     Emergency Medical Care Coordinator           Military Operations Supervisor
     Employment Services Field Supervisor         Nurse V
     Employment Services Manager I                Oil Burner Technician Foreman
     Employment Services Manager II               Painter Foreman
     Equipment Supervisor                         Parimutuel Supervisor
     Executive Secretary                          Park Manager II
     Executive Secretary Board of                 Park Manager III
       Hairdressers                               Public Health Nurse Supervisor I
     Ferry Service Captain                        Public Health Nurse Supervisor II
     Ferry Service Manager                        Pier Superintendent
     Field Examiner III                           Plant Maintenance Engineer II
     Fire Inspector III                           Plant Maintenance Engineer III
     First Deputy Insurance Commissioner          Plumber Foreman
     Fish Hatchery Supervisor                     Police Communications Operations
     Fish Hatchery Foreman                          Supervisor
     Foundation Survey Foreman                    Print Shop Manager
     Foundation Survey Supervisor                 Prison Industry Manager
     Food Inspector Supervisor I                  Produce Inspector Supervisor I
     Food Inspector Supervisor II                 Produce Inspector Supervisor II
     Food Services Manager I                      Produce Inspector Supervisor III
     Food Services Manager II                     Project Director Services for Aging
     Forest Ranger V                              Property Assessment Advisor Supervisor
     Forest Ranger VI                             Property Assessment Program Services
     Game Warden Inspector                        Property Control Supervisor
     Game Warden Supervisor                       Psych Aide Supervisor I
     Governmental Auditor III                     Psych Aide Supervisor II
     Governor's Committee for Employment          Psych Aide Supervisor III
       of Handicap                                Public Utilities Investigator III
     Grounds Equipment Foreman                    Public Conveyance Safety Supervisor
     Guard Captain                                Record Management Officer
     Guard Lieutenant                             Regional Director Rehabilitation
     Hatch Construction Foreman                     Services
     Health Planner                               Regional Forest Ranger
     Health Services Supervisor I                 Regional Director of Forestry
     Health Services Supervisor II                Reimbursement Investigator II
     Highway District Supervisor                  Reproduction Equipment Supervisor
     Highway Equipment Manager                    Retail Store Manager I
     Highway Foreman                              Retail Store Manager II
     Highway Investigative Supervisor             Retail Store Supervisor
     Highway Maintenance Supervisor               Right of Way Appraiser III
     House Parents Supervisor                     Sanitation Supervisor
     Human Service Manager I                      Sector Director Civil Defense
     Human Service Manager II                     Seed Potato Inspection Supervisor
     Human Service Manager III                    Sign Shop Foreman
     Human Service Manager IV                     Social Medical Coordinator
     Hunter Safety Coordinator                    Staff Development Coordinator
     Indian Development Specialist                State House Executive Housekeeper
     Laundry Supervisor II                        State Police Captain
     Lottery Administration Manager               State Police Lieutenant
     Lottery Market Manager                       Superintendent of Buildings
     Lottery Production Manager                   Superintendent, Game Farms
     Lottery Publicity Manager                    Superintendent Military & Naval
     Lottery Regional Manager                       Children's Home
     Machinest Foreman                            Superintendent State Parks & Memorials
     Maintenance Mechanic Foreman                 Supervisor Air Quality Control
     Manager Maine State Pier                     Supervisor Allagash Wilderness 
     Manager Research Evaluation & Planning         Waterways
     Manpower Adjudication Officer                Supervisor Audio-Visual Services
     Manpower Research Analyst IV                 Supervisor Audits
     Manpower Specialist IV                       Supervisor Baxter Park
     Marine Resources Scientist IV                Supervisor Central Printing Services
     Mason Foreman                                Supervisor Conservation Education
     Mechanical Stores Supervisor                 Supervisor Consumer Service Division
     Medical Care Program Coordinator             Supervisor Corporation Division


                                                  Unclassified positions included:
     Supervisor Cottage Program
     Supervisor Court Records                     Adult Education Director
     Supervisor Dairy Inspector                   Bs & Ind. Coordinator (VTI)
     Supervisor Delinquent Accounts               Central Control Unit Supervisor           
     Supervisor Driver Improvement                Chief Boiler & Elevator Inspector          
     Supervisor Employment Standards              Deputy Director Division of Community            
     Supervisor Feed and Fertilizer                 Services
       Registration                               Deputy Director State Development
     Supervisor Fingerprint Classification          Office
     Supervisor Financial Responsibilities        Director Bureau of Maine's Elderly
     Supervisor Forest Resource Planning          Director Child and Youth Services
     Supervisor General Accounting                Director Community Programs
     Supervisor Grounds                           Director Compensation Planning
     Supervisor Highway Permits                     Assistance Division
     Supervisor Homemaker Aide Services           Director Data Analysis Center
     Supervisor Insurance Licensing Division      Director Data Processing                        
     Supervisor Land Development Review           Director Division of Community
     Supervisor Land Use Map                        Services
     Supervisor Land Use Planning                 Director Energy Program
     Supervisor Life Accidental and Health        Director Fraud Investigation
       Division                                   Director Maine State Library
     Supervisor Office Service                    Director Maine State Retirement System
     Supervisor Outdoor Recreation                Director Museum Bureau
     Supervisor Park Acquisition and              Director Program Review and Evaluation
       Development                                Director of Research
     Supervisor Park Manager Operations           Director State Development Office
     Supervisor Pesticide Program                 Director Technical Services
     Supervisor Plumbing Inspectors               Director Veterans Services
     Supervisor Potato Marketing                  Economic Planning Supervisor
     Supervisor Pre-Audit Division                Executive Secretary CETA
     Supervisor Publicity and Public              Foster Grandparent Supervisor
       Information                                Grant Manager
     Supervisor Quality Control                   Graphic Supervisor
     Supervisor Radio Communications              Institutional School Principal I
     Supervisor Real Estate Licensing             Institutional School Principal II
     Supervisor Reimbrusement Division            Manager Veterans Small Business Loans
     Supervisor Reproduction Services             Principal (STC&PTC)
     Supervisor Retirement Claims                 Project Director CETA
     Supervisor Right of Way Agents               Planning Supervisor
     Supervisor Right of Way Appraisers           School Principal
     Supervisor Right of Way Controls             State Librarian
     Supervisor Sanitary Engineering
       Administrative Services                    Unclassified positions excluded:          
     Supervisor Snowmobile Program         
     Supervisor Soundex Files (Motor              Administrative Assistant (Executive)
       Vehicle)                                   Administrative Assistant NMVTI
     Supervisor Special Education for             Administrative Secretary (HRC)              
       Visually Impaired                          Assistant EMVTI   
     Supervisor Student Life School for the       Assistant Director CMVTI
       Deaf                                       Assistant Director NMVTI
     Supervisor Surplus Property                  Business Services Assistant (Manpower)
     Supervisor Training and Certification        Chief of Staff Development (Levison
       Property Tax                                 Center)  
     Supervisor Uniform Crime Reporting           Cook (Executive)
     Supervisor Vital Records                     Cook and Maid (Executive)
     Systems Program Manager                      Dean Adult Education NMVTI
     Tabulation Equipment Supervisor I            Director Adult Education EMVTI                         
     Tabulation Equipment Supervisor II           Director Adult Education SMVTI                         
     Tabulation Equipment Supervisor III          Director Adult Education WCVTI                         
     Tax Examiner Supervisor                      Director CMVTI
     Training School Counselors Supervisor        Director EMVTI
     Unemployment Compensation Field              Director Fraud Investigator
       Supervisor                                 Director, NMVTI
     Unemployment Compensation Manager I          Director of Personnel                           
     Unemployment Compensation Manager II         Director, Program Review and Evaluation                           
     Voluntary Services Coordinator Probation       Division
       and Parole                                 Director SMVTI
     Warehouse Superintendent                     Director, Staff Development (Pineland)
     Weights and Measures Supervisor              Director, WCVTI
     Welfare Services Supervisor                  Executive Director Arts and Humanities
     Woodshop Manager Work Training               Fiscal Officer SPO
       Supervisor                                 General Council (PUC)
                                                  Houseman (Executive)


     Labor Relations Analyst (Executive)          Secretary-Bookkeeper (Executive)
     Laundress (Executive)                        Secretary (Executive)
     Legislative Assistant (Executive)            Special Assistant (Executive)
     Maid (Executive)                             Training Advisor (Levison Center)
     Press Relations (Executive)                  Training Coordinator & Research
     Public Service Careers Instructor               Assistant (Executive)

So Ordered.

8.  EXCLUDED EMPLOYEES                     

     During the course of the Unit Determination Hearing proceedings in this case and the
subsequent preparation of this report, it has been necessary to consider many job classi-
fications which are alleged to be excluded from the definition of a "state employee" as
set forth in Section 979-A, Paragraph 6, of the State Employees Labor Relations Act.  On
examination, the hearing examiner has found the following job categories to be properly.
excluded from the definition of "state employee" and those job categories are therefore
not appropriate for inclusion in any of the foregoing 7 bargaining units.  The excluded
job categories are:

     Assistant Budget Officer                     Deputy Forest Commissioner
     Assistant Commmissioner of Education         Deputy State Auditor (Legislative)
     Assistant Director of Bureau of              Deputy State Budget Officer
       Mentally Retarded                          Deputy State Controler
     Assistant Director Manpower Affairs          Deputy State Tax Assessor
       Administrative Services                    Deputy State Treasurer
     Assistant Director of Personnel              Director Administrative Services
     Assistant Director Maine State                 (Conservation)
       Retirement System                          Director Administrative Services (MHC)
     Assistant to Superintendent (MHI)            Director Administrative Services
     Associate Commissioner Bureau of               Public Safety
       Instruction                                Director Baxter State Park
     Associate Commissioner Bureau of             Director Bureau of Administration and
       Special Resources                            Transportation
     Associate Commissioner Bureau of             Director Bureau of Air Quality Control
       Vocational Education                       Director Bureau of Corrections
     Chief Bureau of Public Services              Director Bureau of Labor
     Chief Coastal Warden                         Director Bureau of Land Control
     Chief Game Warden                            Director Bureau of Mental Health
     Chief Highway Engineer                       Director Bureau of Mental Retardation
     Chief Hospital Services                      Director Bureau of Rehabilitation
     Chief Legal Counsel Department of            Director Bureau of Water Pollution
       Transportation                               Control
     Chief Mental Health Community Services       Director Central Computer Services
     Chief Personnel Technician                   Director Department Employee
     Chief Technical and Administrative             Relations (DOT)
       Service                                    Director Division of Federal Resources
     Civil Defense Admininstrative Officer        Director Division of Marine Resources
     Department Personnel Officer I               Director Division Program Operations
     Department Personnel Officer II              Director of Research and Planning
     Deputy Commissioner DED                      Director Excise Tax
     Deputy Commissioner Department of            Director Federal Programs
       Education                                  Director Health
     Deputy Commimssioner Finance and             Director Health & Welfare Administra-
       Administration                               tive Services
     Deputy Commissioner Indian Affairs           Director Highway Administrative
     Deputy Commmisioner Inland Fish and            Services
       Game                                       Director Income Tax
     Deputy Commissioner Marine Resources         Director Legislative Audit
     Deputy Commissioner of Transportation        Director Water Regulation Safety
     Deputy Director Bureau of Property           Director Manpower Affairs Administra-
       Taxation                                     tive Services
     Deputy Director Central Computer             Director Maine Law Enforcement Criminal
       Services                                     Justice Academy
     Deputy Director Civil Defense                Director Motor Vehicle Division
     Deputy Director Labor & Industry             Director Inland Fisheries & Game


     Director Planning and Management             Institutional Business Manager I
       Information                                Institutional Business Manager II
     Director Property Tax                        Legislative Staff Assistant
     Director Sales Tax                           Lottery Finance Manager
     Director Special Services                    Manpower Affairs Administrative
     Employment Relations Representative            Coordinator
     Executive Director Land Use Regulation       Personnel Specialist
       Commission                                 Personnel Technician I
     Executive Director Soil and Water            Personnel Technician II
       Conservation Commission                    Personnel Technician III            
     Executive Secretary Harness Racing           Prison Warden
       Commission                                 State Police Major
     Executive Secretary Industrial               State Tax Consultant
       Accident Commission                        Superintendent Maine Correctional        
     Executive Secretary Maine Milk                 Center
       Commission                                 Superintendent School for the Deaf
     Executive Secretary Real Estate              Superintendent Training Center
So Ordered.                               

     It is obvious from the magnitude and duration of the hearings which resulted in
this report that changes in the job structuring of state government have occurred during
its preparation.  To the extent that these changes have resulted in the elimination of
positions, the inclusion of those positions in this report can now be ignored.  On the
other hand, if new positions have been created, if the contents of job classifications
have changed, or if a particular job classification has been inadverdently omitted from
this report, then a unit clarification proceeding conducted pursuant to Rule 1.13 may be
in order.  The parties will note that there is no particular time restriction as to when
unit clarification proceedings may be initiated.  Moreover, the contents of this report
are subject to modification by the parties pursuant to the provisions of Rule 1.01 of
the Unit Determination Rules when there is mutual agreement for such change.  The fore-
going techniques will, if warranted, facilitate the deletion or addition of a particular
job title to a bargaining unit without the necessity for challenging the entire composi-
tion of the particular bargaining unit(s) involved.
     The hearing examiner wishes to take this opportunity to thank the petitioners and
intervenors for their cooperative and very detailed presentations over the past several
Dated at Augusta, Maine, this 22nd day of September, 1976.
                                             Parker A. Denaco, Executive Director
                                             Maine Labor Relations Board