The State of Maine and Maine State Employees Association, MLRB Nos. 83-UC-15 - 83-UC-35 & 83-UC-37 - 83-UC-48, Interim Order (June 12, 1990), vacated by State of Maine, Department of Inland Fisheries and Wildlife and Maine State Employees Association, MLRB No. 91-UCA-01 (Sept. 13, 1990).
Unit Clarification Report of Dec. 12, 1995 for 83-UC-15 and 91-UC-15. STATE OF MAINE MAINE LABOR RELATIONS BOARD Case Nos. 83-UC-15 - 83-UC-35 83-UC-37 - 83-UC-48 Issued: June 12, 1990 ________________________ ) THE STATE OF MAINE ) ) and ) INTERIM ORDER ) MAINE STATE EMPLOYEES ) ASSOCIATION ) ________________________) Upon due notice, the parties met with the undersigned hearing examiner for the Maine Labor Relations Board at 10:00 a.m. on June 8, 1990, in Room 105 of the State Office Building, Augusta, Maine. Present on behalf of the petitioner State of Maine were: Julie M. Armstrong, Esq., and Leslie D. Bloom, Esq. Present on behalf of the bargaining agent Maine State Employees Association were: Timothy L. Belcher, Esq., and John R. Lemieux, Esq. The purpose of the meeting was to receive proposals from the parties on how to proceed on the Department of Inland Fisheries and Wildlife peti- tion, Case No. 83-UC-43, with the intent of developing a procedure for handling the balance of the pending petitions. The parties each presented a written proposal, which they explained, and they presented objections and argument concerning the other party's proposal. After giving due consideration to the parties' proposals, suggestions, and argument, and upon further reflection, the hearing examiner determines that the procedures to be followed in processing Case No. 83-UC-43 will be as follows: I. Development of Questionnaires. A separate questionnaire will be developed for each class of exclusion being proposed, i.e., a questionnaire for allegedly confidential employees, one for "J-1s," and another for "J-2s." Separate question- naires will be developed for the supervisors of the employees in each class of exclusion being proposed. A. Each party will develop its proposed questionnaires within 30 days of the date hereof. B. The parties will exchange sets of questionnaires and have 15 days to review the other party's set. -1- C. The parties will meet with the hearing examiner to develop the final set of questionnaires. D. The Board will issue the final set of questionnaires and will develop explanatory cover letters to employees and supervisors, after consultation with the parties. This procedure was selected because it addresses several of the concerns raised by the parties, as follows: 1. It preserves the parties' due process rights by allowing them the full opportunity to generate relevant information while protecting the right to object to questions before they are asked and answered. 2. It will help to avoid "fishing expeditions." 3. Since the final questionnaires will be issued by the Board, they will neither appear nor in fact be "partisan" in tone or content. 4. Asking each employee to complete a single questionnaire or set of questionnaires will be less confusing and intrusive for the employees. Contrary to what I indicated on Friday and because of the difficulties of administering oaths to the employees and of getting questionnaires notarized, the completed questionnaires will have no independent eviden- tiary value. They will, however, serve to assist the parties in reaching stipulations of relevant fact and in formulating their positions con- cerning each of the proposed exclusions. II. Upon the issuance of the final set of questionnaires by the Board, the State will provide to the MSEA and the Board the following: A. An updated list of all positions requested for exclusion in the Department of Inland Fisheries and Wildlife, including the basis for exclusion (i.e., "C," "J-1," or "J-2") and the names, addresses and office telephone numbers of the incumbents in said positions and of their supervisors. B. Updated documentary evidence it intends to introduce in support of its position. This procedure was selected in recognition of the unit employees' statutory rights to representation as well as of the MSEA's rights as the employees' -2- exclusive bargaining agent. This will afford the MSEA the opportunity to contact the employees, whose positions are at issue, and to offer whatever representation that the employees and the MSEA feel is appropriate. III. Ten days after the MSEA has received the information listed in paragraph II(A) hereof, the Board will send the appro- priate questionnaires to the employees and their supervisors through the State Postal System. Questionnaires will be returned to the Board within 30 days of the date on which they are mailed to the employees and supervisors. For the Department of Inland Fisheries and Wildlife, the Board staff will take reasponable steps to assure that the questionnaires are returned within the 30-day goal. Upon receipt of the last outstanding questionnaire, the Board will deliver copies of all questionnaires to the parties. IV. Twenty days after the parties have received the completed questionnaires from the Board, the State will notify the MSEA and the Board of the specific grounds on which it bases each of the proposed exclusions for each of the positions at issue. The State shall also provide such additional or substitute documentary evidence in support of its position that the State did not anticipate would be necessary until after review of the relevant questionnaires. V. Twenty days after the receipt of such information, the MSEA will provide to the State and the Board the following: A. The specific grounds on which it opposes each of the proposed exclusions for each of the positions at issue; and B. Documentary evidence it intends to introduce in sup- port of its position. VI. Ten days after the MSEA provides the information noted in paragraph V hereof, the parties will meet with the hearing examiner to resolve any remaining documentary issues, to orally review the legal arguments regarding each position, and to reach relevant stipulations of fact. The parties will also discuss how to proceed on the balance of the pending petitions at this meeting and a decision thereon will be reached at this time or shortly thereafter, on the basis of the parties' comments and suggestions. As indicated at the meeting, the hearing examiner is currently leaning toward processing all of the exclusions in each class together, i.e., starting with all of the proposed "confidential" employees, then doing all of the proposed "J-1s," and concluding with all of the "J-2s." The MSEA's oral motion for more definite statement will be addressed at this time. -3- VII. Fifteen days after the last meeting described in paragraph VI hereof, evidentiary hearings will be convened and will con- tinue from day to day to receive evidence on any remaining material issues of relevant fact. VIII. The parties will file simultaneous post-hearing briefs, within 30 days of the date of a complete stipulation of rele- vant fact or of the close of the evidentiary hearings. The parties will file simultaneous reply briefs, if any, within 10 days thereafter. Dated at Augusta, Maine, this 12th day of June, 1990. MAINE LABOR RELATIONS BOARD /s/_________________________________ Marc P. Ayotte Designated Hearing Examiner -4-