Case No. 90-EA-01
                                           Issued:  March 5, 1990

           and                    )
                                  )          DECISION AND ORDER
MTA/NEA                           )                 ON
           and                    )        OBJECTIONS TO ELECTION

     Council 74, AFSCME, AFL-CIO ("AFSCME"), bargaining agent for the
unit of the Bath School Department secretaries, principal's secre-
taries and guidance secretaries, appealed the action of the Executive
Director in holding a bargaining agent/decertification election.
AFSCME's objection is based on its failure to receive a list of eli-
gible voters from the employer in a timely fashion, as required by
Election Rule 3.02(B).

     On November 13, 1989, the Maine Labor Relations Board ("Board")
received a petition for bargaining agent/decertification election
(MLRB Form 5) filed by the Bath Support Educators Association/MTA/NEA
("Association") pursuant to 26 M.R.S.A.  967(2) (1988).  By letter
dated December 19, 1989, an election was scheduled for January 17,
1990.  The letter also informed the employer, the Bath Board of
Education, of the requirement of Election Rule 3.02(B) that it furnish
to the Board, to AFSCME and to the Association, at least 10 working
days prior to the election, an alphabetical list of names and
addresses of employees eligible to vote in the election.

     In a January 4, 1990 letter, eight working days prior to the elec-
tion, the Association notified Board counsel that it had not received


the voter eligibility list; on January 8th, the Board received a simi-
lar letter from AFSCME.  In its letter, AFSCME objected to the holding
of the election until Rule 3.02(B) had been met.  On January 9th, both
unions received the list, and the election was held on January 17th,
as originally scheduled.

     Pursuant to objections filed by AFSCME on January 13, 1990, an
evidentiary hearing was held on March 1, 1990, Chairman Peter T.
Dawson presiding, accompanied by Employer Representative Thacher E.
Turner and Employee Representative George W. Lambertson.  Richard V.
Taylor represented AFSCME, and Jonathan Falk represented the
Association.  In accordance with its February 20, 1990 letter to the
unions, the employer did not attend the hearing, although it was
notified, by certified mail, of the time and place of the hearing.
The parties were given the opportunity to examine and cross-examine
witnesses and to present documentary evidence.  Neither chose to do
so; each made a brief oral presentation, including an assertion by
each that at least one eligible voter (from the Fisher-Mitchell
School) was left off the employer's voter list.


     The Board has jurisdiction to hear this matter and to issue a
decision and order pursuant to 26 M.R.S.A.  968(4) (1988).


     Based on the employer's failure to provide the voter eligibility
list in a timely manner, the omission of at least one eligible voter
from the list, and an agreement between AFSCME and the Association
that a new election is appropriate, it is ORDERED:

          1.  That AFSCME's objection to the conduct of the
              election is sustained;

          2.  That the results of the January 17, 1990 elec-
              tion are vacated; and

          3.  That the Executive Director shall promptly con-
              duct a new election in accordance with the
              Board's Election Rules.

Dated at Augusta, Maine, this 5th day of March, 1990.

                                       MAINE LABOR RELATIONS BOARD

                                       Peter T. Dawson

                                       Thacher E. Turner
                                       Employer Representative

                                       George W. Lambertson
                                       Employee Representative

     The parties are hereby advised of their right, pursuant to 26
M.R.S.A.  968(4) (1988), to seek review of this decision and order by
the Superior Court.  To initiate such a review, an appealing party
must file a complaint with the Superior Court within fifteen (15) days
of the date of issuance hereof, and otherwise comply with the require-
ments of Rule 80B of the Maine Rules of Civil Procedure.