Brunswick Police Communications Operators' Assn. and Town of Brunswick, 
No. 77-A-03, affirming No. 77-UD-13.

STATE OF MAINE                                   MAINE LABOR RELATIONS BOARD
                                                 [MLRB No. 77-A-03]
                                                 [Issued:  January 17, 1977

____________________________________
                                    )     
THE BRUNSWICK POLICE COMMUNICATIONS )
OPERATORS' ASSOCIATION              )         REPORT OF APPELLATE REVIEW
                                    )
and                                 )                    of
                                    )       
THE TOWN OF BRUNSWICK               )         UNIT DETERMINATION HEARING
____________________________________)          
          
          
     This case comes to the Maine Labor Relations Board by way of an appeal pursuant
to  968,  4, of the Municipal Public Employees Labor Relations Act resulting from
a Unit Determination Report issued by the Executive Director's designee on December
9, 1976, involving the dispatchers and communications supervisor of the Brunswick
Police Department.  The case originally came before the Executive Director's designee,
as hearing examiner, as the result of the filing of MLRB Form 2, "Petition for Appro-
priate Unit Determination," dated November 3, 1976, and filed with the Maine Labor
Relations Board on November 14, 1976.  On November 30, 1976, a unit determination
hearing was held in the Municipal Building Conference Room, 28 Federal Street,
Brunswick, Maine, as provided in  966, Chapter 9-A, Title 26, MRSA.  The job cate-
gories under consideration in the Unit Determination Report of December 9, 1976, the
contents of which are incorporated herein by reference, are Dispatchers and Communi-
cations Supervisor.  This case now comes to the Maine Labor Relations Board by way
of a letter of appeal forwarded to the Board by John Bibber, Town Manager, dated
December 21, 1976, and filed with this agency on December 22, 1976.
          
     This case was heard on appeal by the Maine Labor Relations Board on December 28,
1976, at the Portland Jetport Conference Room, Portland, Maine.  Present for the
Board at that hearing were:  Donald W. Webber, Alternate Chairman; Robert D. Curley,
Employer Representative; and Michael Schoonjans, Employee Representative.
          
     Present for the Appellants were:

          John P. Bibber                      Brunswick Town Manager

          Orville T. Ranger, Esquire          Brunswick Town Attorney

          Greg Doyon                          Brunswick Administrative Assistant

          Richard F. Maier                    Chief, Brunswick Police Department
          
     Present thereat for the Brunswick Police Communications Operators' Association
was:

          Louis H. McIntosh                   Spokesman, BPCOA

No objections were raised with respect to the jurisdiction of the Board to hear this
case and, as there were no matters of procedure to be disposed of, the Board pro-
ceeded directly to the matters of substance to be raised by the parties.
         
     The position of the Town of Brunswick, as expressed through its Town Manager,
was that the dispatchers and communications supervisor had a community of interest
with the members of the police officers' bargaining unit and performed police related
functions.  Both police personnel as well as the dispatchers and communications super-
visor are hired by and are responsible to the Chief of Police.  The dispatching

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capabilities of the dispatchers and the communications supervisor are police oriented
and these particular persons have not been trained in, nor are they familiar with,
dispatching duties with respect to fire calls.  Mr. Bibber stated that the dispatchers
and communications supervisor are uniformed personnel but that the uniform differs
from police officers.  The Town of Brunswick is most anxious to have the Unit Deter-
mination Report below modified in order that the dispatchers and communications
supervisor be included in with the employees in the Police Department bargaining unit
and to avoid multiple contract negotiations.  It was the testimony of the Town Mananer
that the Police Department does have a collective bargaining agreement for the persons
in that bargaining unit, said agreement to expire on March 31, 1978.   Mr. Bibber said
it was his opinion that a separate unit would not facilitate negotiations for the pro-
posed bargaining unit for dispatchers and communications supervisor since the Town of
Brunswick did not receive the requisite 120 day notice until September 12, 1976.
Consequently, it is his opinion that the bargaining unit, even if formulated sepa-
rately, could not negotiate on matters requiring appropriation until the 1978 fiscal
year which, for the Town of Brunswick, begins on January 1, 1978.
          
     Mr. McIntosh, on behalf of the Appellees, took issue with the fact that the
dispatchers and communications supervisor had a community of interest with the police
bargaining unit.  First, the members of the police bargaining unit are required to
attend the Maine Criminal Justice Academy but this requirement is not extended to
dispatchers or to the communications supervisor.  Second, the members of the police
bargaining unit enjoy 20 year retirement while the dispatchers and communications
supervisor may retire after 25 years of service regardless of age.  Thirdly, he
viewed the functions of the dispatchers and communications supervisor as being in-
volved with informational responsibilities, not with police work.  The dispatchers
and communications supervisor do not receive a clothing or maintenance allowance such
as is received by police officers.  Moreover, the dispatchers have a separate nation-
wide organization. and their own series of professional publications.  Mr. Mcintosh
stated it was his opinion that to include the dispatchers and communications super-
visor in the same bargaining unit with police personnel would have the practical
result of delaying collective bargaining for the two job categories under considera-
tion herein.  It is the desire of the appellees to commence negotiations immediately
on non-monetary items not requiring 120 day notice under the Municipal Public Employees
Labor Relations Act.
          
     Further testimony from Mr. Mcintosh indicated that some dispatchers and the com-
munications supervisor have voluntarily (without benefit of additional pay) become
special officers and, accordingly, have been conferred the power of arrest.  It is
not a contingency of employment that dispatchers be so qualified in order to be
appointed to their duties as a police dispatcher.  Presently the collective bargaining
agreement between the Town of Brunswick and the bargaining agent for the police
officers specifically excludes office personnel from the unit covered by that contract.
Mr. Mcintosh testified that it has been the position of the Town of Brunswick that the
dispatchers and communications supervisor are "office personnel" and, consequently, are
excluded from coverage under the police collective bargaining agreement.  Mr. Mcintosh
also reported that the Brunswick Police Officers' Association had voted that the
dispatchers might join the former association which would allow them to participate in

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such items as a group-rate cleaning contract and social functions but that this invi-
tation was made without any assurances as to the effectiveness of the Brunswick
Police Officers' Association to represent dispatchers and the communications supervisor
in collective bargaining.
          
     After having reviewed the testimony at the hearing of December 28, 1976, and the
Unit Determination Report of the Executive Director's designee dated December 9, 1976,
we make the following findings of fact:
          
          1.  That a Petition for Appropriate Unit Determination dated
              November 3, 1976, was filed with the Maine Labor Relations
              Board on November 4, 1976, by Louis H. McIntosh, and a
              hearing thereon was held on November 30, 1976.
         
          2.  The job categories under consideration in that hearing and
              reported on in the aforesaid Unit Determination Report of
              December 9, 1976, consisted of Dispatchers and Communications
              Supervisor in the Brunswick Police Department.
         
          3.  That as of the time of the unit determination hearing con-
              ducted on November 30, 1976, more than 3O% of the petitioners
              in the foregoing job categories had been employed for more
              than 6 months.
          
          4.  That the Unit Determination Report in this matter was rendered
              on December 9, 1976.
          
Our examination of  966,  2, of the Municipal Public Employees Labor Relations Act
indicates that the hearing examiner, in conducting unit determination proceedings, is
charged with insuring employees the fullest freedom in exercising the rights gua-
ranteed by the Act and insuring a clear and identifiable community of interest among
employees concerned.  We note that this appeal involves no dispute about the eligibi-
lity of the job categories in question to constitute "public employees" within the
meaning of  962 of the Municipal Public Employees Labor Relations Act, nor does this
appeal concern itself with any managerial exclusions which might otherwise be found
under the provisions of  966,  1, of the Act.  Accordingly, our sole charge in this
case is to determine if the bargaining unit set out in the Unit Determination Report
below is consistent with the foregoing statutory mandates.
         
     There are no disputed facts in the Unit Determination Report of December 9, 1976.
When considering the community of interest alleged by the Town of Brunswick and denied
by the appellee, we find that there is a significant disparity in wages, the top
dispatcher wage being equivalent to the lowest police patrolman wage.  The wage for
the communications supervisor begins at more than $25 per week less than the rate for
police patrolman and maximizes at less than $7 per week more than the minimum wage for
a police patrolman.  There are distinct differences in the requirements for the
dispatchers and communications supervisor as compared to the police officers.  Not the
least of these differences is the requirement that the police officers must attend the
Maine Criminal Justice Academy, while both the dispatchers and the communications
supervisor do not have to meet this requirement.  There are significant differences in
retirement programs between the police officers and the dispatchers and communications
supervisor.  Moreover, the testimony shows that the fringe benefits accorded to the
dispatchers and the communications supervisor are different from those accorded to
police officers (e.g., the difference in clothing and maintenance allowances).  These

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items all lead us to concur with the decision of the hearing examiner below that
both the dispatchers and communications supervisor do not at this time share a
sufficient community of interest with the police officers and, therefore, should be
allowed to constitute a separate and distinct bargaining unit.
          
     The second matter that we must consider is that of according the fullest free-
dom under the purposes set forth in the Municipal Public Employees Labor Relations
Act to those persons in the job categories of Dispatchers and Communications Super-
visor.  Not the least among these purposes is the declared public policy of the
State to provide a uniform basis for recognizing the right of public employees "to
join labor organizations of their own choosing and to be represented by such
organization in collective bargaining for terms and conditions of employment."
[26 MRSA 961]  Since we have been told that there is a contract in effect between
the police officers' association and the Town of Brunswick which does not expire
until March 31, 1978, and since we have learned that that contract provides that the
dispatchers and communications supervisor, as "office" or "clerical" personnel, are
exempted therefrom, we feel that inclusion of the job categories of Dispatchers and
Communications Supervisor in the bargaining unit for police officers (and other
related police job categories) would subvert the purposes of the Act with respect to
the ability of the dispatchers and communications supervisor to begin collective
negotiations as contemplated therein.  While it may true that the 120 day notice
requirement found in  965,  1, of the Act will preclude the dispatchers and com-
munications supervisor from negotiating on matters requiring financial appropriation
until the commencement of the 1978 fiscal year beginning on January 1, 1978, we
nevertheless feel that it is a statutorily conferred right that these persons be
allowed to commence collective negotiations on other matters not requiring financial
appropriation much sooner.  Therefore, we now direct that the appeal entered by the
letter of Town Manager John P. Bibber dated December 21, 1976, be and hereby is
DENIED.
          
Dated at Augusta, Maine, this 17th day of January, 1977.
          
                                          MAINE LABOR RELATiONS BOARD
          
          
          
                                          /s/________________________________________
                                          Donald W. Webber, Alternate Chairman
          
          
          
                                          /s/________________________________________
                                          Robert D. Curley, Employer Representative
          
          
          
                                          /s/________________________________________
                                          Michael Schoonjans, Employee Representative
          

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