STATE OF MAINE MAINE LABOR RELATIONS BOARD [MLRB No. 78-A-02] [Issued: January 5, 1978] _____________________________ ) TEAMSTERS LOCAL UNION NO. 48 ) ) 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. DECISION 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. [-1-] ____________________________________________________________________________________ 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 supplied] 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. ORDER 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 /s/________________________________________ Walter E. Corey, Chairman /s/________________________________________ Robert D. Curley, Employer Representative /s/________________________________________ Michael Schoonjans, Employee Representative -2- ____________________________________________________________________________________