STATE OF MAINE                                   MAINE LABOR RELATIONS BOARD
                                                 [MLRB No. 78-A-02]
                                                 [Issued:  January 5, 1978]
           and               )               DETERMINATION OF OBJECTION
CITY OF ELLSWORTH            )
     This matter comes to the Maine Labor Relations Board by way of a letter
dated July 15, 1977 and filed by Richard R. Peluso, International Trustee,
Teamsters Local Union No. 48, on July 15, 1977.  The letter objected to the
conduct of the elections in the City of Ellsworth Police and Fire Department
units under Rule 3.07 based upon several allegations which are contained in the
letter and incorporated herein by reference.  The Maine Labor Relations Board
scheduled a hearing in this matter for November 29, 1977 at 9:30 a.m. in the
Bureau of Labor Conference Room, Augusta, Maine.  By letter dated November 8,
1977, the City of Ellsworth through its attorney, Malcolm E. Morrell, Jr.,
moved the Maine Labor Relations Board to reconsider its decision to conduct a
hearing on this matter and moved to dismiss the letter of objection for several
reasons contained in the motions, the contents of which are incorporated herein
by reference.
     The Maine Labor Relations Board meeting on December 13, 1977, examined the
letter of objection and the motion for reconsideration and motion to dismiss,
Chairman Walter E. Corey presiding with Michael Schoonjans, Employee Represen-
tative and Robert D. Curley, Employer Representative.
     Upon examination of the letter of objection dated July 15, 1977, the
conduct complained of in said letter was as follows:
          For a period of several weeks preceding the election held on
          Monday, July 11, 1977, the Ellsworth newspaper printed
          spurious attacks on Teamsters organizing the city employees
          and suggested that the employees who had the opportunity to
          vote in the election would be replaced by volunteers if the
          union were certified as collective bargaining agent.  The news-
          paper also printed the names and addresses of all the unit
          employees.  These actions subjected the employees to coercive
          pressures which destroyed the opportunity for free and fair
          expression of employees' interests.  It is also evident
          that the newspaper transmitted official city sentiment and
          not merely expressing editorial wishes.

     Rule 3.07 of the Rules and Procedures of the Maine Labor Relations Board
provides that
          Within five (5) days after the election results are reported
          by the Executive Director or other person designated by him
          or by the Board to conduct the election, any party who intends
          to take an exception to the Board's conduct of an election shall
          file his written objection with the Board and shall serve same
          upon all other parties, with proof of service.  [Emphasis
     We determined that the objection raised under 3.07 must be limited to
the Board's conduct of the election.  The letter of objection in this case
does not challenge the Board's conduct of the election but challenges the
conduct of either the City of Ellsworth or the Ellsworth newspaper.  Conse-
quently, the letter does not allege an objection to the Board's conduct
under Rule 3.07 and the motion to dismiss filed by the City of Ellsworth
should be granted.
     Based upon the foregoing findings of fact and by virtue of and pursuant
to the authority granted to the Maine Labor Relations Board by  968 of the
Municipal Public Employees Labor Relations Act, it is hereby ORDERED:
          1)  That the letter of objection filed by Richard R.
              Peluso dated July 15, 1977 should be and hereby
              is DISMISSED.
          2)  That the reports of the elections in the Police and
              Fire Department units for the City of Ellsworth, issued
              by the Executive Director on Monday, July 11, 1977,
              should be and hereby are AFFIRMED.
Dated at Augusta, Maine, this 5th day of January, 1978.
                                     MAINE LABOR RELATIONS BOARD
                                     Walter E. Corey, Chairman
                                     Robert D. Curley, Employer Representative
                                     Michael Schoonjans, Employee Representative