Northern Aroostook Vocational Educators MTA/NEA and Saint John Valley Vocational 
Cooperative Board, No. 83-UD-13, Affirmed by 83-A-05 (MLRB Feb. 4, 1983)

      STATE OF MAINE                                        MAINE LABOR RELATIONS BOARD
                                                            [Case No. 83-UD-13]
      EDUCATORS MTA/NEA               )
      and                             )             UNIT DETERMINATION REPORT
      COOPERATIVE BOARD               )
           This is a unit determination proceeding, initiated on January 12, 1983 when
      the Northern Aroostook Vocational Educators MTA/NEA (Union) filed a petition for
      unit determination pursuant to 26 M.R.S.A. Section 966.  A hearing on the petition
      was held by the undersigned hearing examiner on January 20, 1983 in Augusta, Maine.
      The Union was represented by UniServ Director Harold Dickinson and the Saint John
      Valley Vocational Cooperative Board (Board) by Director John Taylor.  Fern Martin
      appeared as a witness for the Union.  The hearing examiner determined that the
      Union is a public employee organization within the meaning of 26 M.R.S.A. Section
      967(1) and that the Board is a public employer as defined in 26 M.R.S.A. Section
           The Union seeks by its petition formation of a bargaining unit composed of the
      Board's professional and nonprofessional employees.  The Board challenged certain
      of the job titles proposed to be included in the unit and urged that the Recording
      Secretary of the Board is a confidential employee who should be excluded from the
      unit.  After some discussion the parties agreed that the Recording Secretary posi-
      tion is a confidential position as defined in 26 M.R.S.A. Section 962(6)(C), and
      that the following positions share a clear and identifiable community of interest:
                                   Instructional Clerk
                                   Bills Clerk
                                   Bus Driver


           The hearing examiner then challenged the composition of the proposed unit on 
      the ground that it contains both professional and nonprofessional employees, point-
      ing to the following language in 26 M.R.S.A. Section 966(2):  "No unit shall include
      both professional and nonprofessional employees unless a majority of such professional
      employees vote for inclusion in such unit . . . "  The Union representative stated
      that the professional employees have voted to be included in a unit with the non-
      professional employees, and as evidence of the vote he introduced a petition signed
      by most of the professional employees which states that the signers "desire to have
      our employment position(s) included in a single bargaining unit containing both pro-
      fessional and nonprofessional positions."  This petition was admitted into the 
      record as Union Exhibit No. 1.  The hearing examiner accepts the Union representa-
      tive's representation and the petition as sufficient efidence that a majority of the
      professional employees have voted to be included in a unit with the nonprofessional
      employees, and therefore finds that the language of Section 966(2) has been satis-

           The hearing examiner accordingly finds pursuant to 26 M.R.S.A. Section 966(1) 
      and (2) that the following bargaining unit is appropriate for purposes of collective

                All Coordinators, Instructors, Bookkeepers, Instructional
                Clerks, Bills Clerks, Tutors, Aides, Secretaries and Bus
                Drivers employed by the Saint John Valley Vocational Corrpera-
                tive Board.  The Recording Secretary to the Board is a con-
                fidential position which is excluded from the bargaining unit.


      Dated at Augusta, Maine this 20th day of January, 1983.

                                               MAINE LABOR RELATIONS BOARD

                                               Wayne W. Whitney, Jr.
                                               Hearing Examiner