Auburn School Committee and Auburn Education Association/MTA/NEA, 91-UD-03, aff'd  
MLRB No. 91-UDA-01 (May 8, 1991)

     


STATE OF MAINE                              MAINE LABOR RELATIONS BOARD
					    Case No. 91-UD-03
					    Issued:  February 27, 1991
______________________________________
				      )
AUBURN EDUCATION ASSOCIATION/MTA/NEA, )
				      )
			  Petitioner, )
				      )
	  and                         )       UNIT DETERMINATION REPORT
				      )
AUBURN SCHOOL COMMITTEE,              )
				      )
		     Public Employer. )
______________________________________)

     This unit determination (merger) proceeding was initiated on August 17,
1990, when the Auburn Education Association/MTA/NEA (Union) filed a peti-
tion for unit determination with the Maine Labor Relations Board (Board)
pursuant to 26 M.R.S.A.  966 (1988 & Supp. 1990) and the Board's Unit
Determination Rules.  The Union's petition seeks a determination that an
existing collective bargaining unit of Auburn School Department
(Department) Aides and Assistants is appropriately merged with an existing
Department Secretaries' bargaining unit.  A full evidentiary hearing on the
issues raised by the petition was conducted by Board Counsel M. Wayne
Jacobs at the Board's offices in Augusta, Maine, on October 10, 1990.  The
Union is represented in this proceeding by MTA UniServ Director J. Donald
Belleville.  The Auburn School Committee (Employer) is represented in this
matter by Attorney George S. Isaacson.  After conducting the hearing in
this case and beginning to draft this decision, Mr. Jacobs was mobilized
and reported for active duty with the U.S. Army.  Since he was unable to
finish the decision while on active duty, Mr. Jacobs returned the case file
to the Board, where it was received on February 5, 1991.  Thereafter, the
undersigned reviewed the verbatim transcript of the evidentiary hearing and
the exhibits submitted by the parties and based this decision thereon.

     At the hearing the parties were afforded the opportunity to present
testimony and documentary evidence, to cross-examine witnesses, and to make
arguments.  The only witness presented by the Union was Belleville and the
sole witness presented by the Employer was its Superintendent of Schools,

				   -1-

Rick Fenton.  The following documents, the only ones presented by the par-
ties, were admitted into the record, one with the caveat noted within
brackets below:

   Petitioner's Exhibit No. 1      Facts Pertinent to the Merger of the
				   Aides/Tearcher (sic) Assistants and the
				   Secretaries of the Auburn School
				   Department [the Library Associates,
				   listed as Educational Technicians II on
				   the exhibit, are classified as
				   Educational Technician III's by the
				   State Department of Education]

   Petitioner's Exhibit No. 2      August 1, 1988, to July 31, 1990,
				   collective bargaining agreement for the
				   Secretaries' unit

   Petitioner's Exhibit No. 3      September 1, 1988, to July 31, 1990,
				   collective bargaining agreement for the
				   Teacher Assistants and Aides' unit

   Petitioner's Exhibit No. 4      Agreement on Appropriate Bargaining
				   Unit, PELR Form 1, and Voluntary
				   Recognition Form, PELR Form 3, for the
				   Secretaries' unit, both dated August 25,
				   1975

   Petitioner's Exhibit No. 5      Agreement on Appropriate Bargaining
				   Unit, PELR Form 1, and Voluntary
				   Recognition Form, PELR Form 3, for the
				   Teacher Assistants' unit, both dated
				   April 2, 1975

   Petitioner's Exhibit No. 6      Agreement on Appropriate Bargaining
				   Unit, PELR Form 1, and Voluntary
				   Recognition Form, MLRB Form 3, for the
				   Aides and Assistants' unit, both dated
				   February 22, 1989

   Petitioner's Exhibit No. 7      Maine Teachers Association Units and
				   Contracts that Include Aides,
				   Assistants, Associates, Secretaries and
				   Clerks

   Employer's Exhibit No. 1        Comparison of Job-Related Interests of
				   Secretaries with Aides and Assistants

   Employer's Exhibit No. 2        Eight-page abstract from State
				   Department of Education Regulations

				   -2-

Neither party wished to file written arguments in this matter.  The tran-
script was completed on October 10, 1990.

			       JURISDICTION

     Neither party challenged the executive director's authority to hear  
and issue a report and order in this unit merger case.  The executive 
director's jurisdiction to conduct this unit merger appropriateness 
proceeding and to issue this report lies in 26 M.R.S.A.  966 (1988 &
Supp. 1990)

			       STIPULATIONS

     In prehearing discussions, off the record, the parties reached the                                    
following stipulations:

     1.  The Auburn School Committee is a public employer within the
	 meaning of 26 M.R.S.A.  962(7) (1988).

     2.  The Auburn Education Association/MTA/NEA is an employee organ-
	 ization within the meaning of 26 M.R.S.A.  962(2) (1988).

			     FINDINGS OF FACT

     Upon review of the entire record, the hearing examiner finds:

     1.  The Auburn Education Association/MTA/NEA[fn]1 is the exclusive
bargaining agent, within the meaning of 26 M.R.S.A.  962(2) (1988), of a
unit of Auburn School Department Secretaries described as follows:

     INCLUDED:  The entire group of secretaries, including the
		secretary to the school nurses and the secretary
		to the Director of Special Services.

     EXCLUDED:  The secretaries in the Superintendent's and Business
		Offices and all other employees of the Auburn School
		Committee.
_________________________

     1 Although the original unit documents and the most recent collec-
tive bargaining agreements refer to the collective bargaining agent as
the Auburn Teachers Association, the present petition is prosecuted 
under the name of the Auburn Education Association.  There is no 
contention that this change represents anything other than a mere name
change.

				   -3-

     2.  The Auburn Education Association/MTA/NEA is the exclusive
bargaining agent, within the meaning of 26 M.R.S.A.  962(2) (1988), of a
unit of Auburn School Department Teacher Assistants and Aides described as
follows:

     INCLUDED:  The entire group of teacher assistants and aides.

     EXCLUDED:  All other employees of the Auburn School Committee.

     3.  The Auburn School Committee is the public employer of all of the
employees whose classifications are included in one of the bargaining units
mentioned in paragraphs 1 and 2 hereof.

     4.  The primary work duties of the Secretaries include typing, taking
dictation, filing and performing other record-keeping functions.  Responsi-
bilities that are incidental to the Secretaries' main job functions include
occasional contact with students, especially in dealing with health and
hygiene issues, and working with and, to an extent, instructing students
who work in the school offices.

     5.  The primary work responsibilities of the Aides and Teacher
Assistants include working directly with students by:  reviewing and rein-
forcing learning previously introduced by the classroom teacher, intro-
ducing new learning previously planned together with the classroom teacher,
and supervising students in the classroom.  The Aides and Teacher
Assistants' primary duties also include assisting in the preparation of
instructional materials.  Duties that are incidental to the Aides and
Teacher Assistants' main job functions include such clerical functions as
typing and operating a photocopier.

     6.  All of the Secretaries are supervised directly by Principals or
other school administrators.  The grievance procedure article of the
collective bargaining agreement for the Secretaries' unit requires that
employees who believe they may have a grievance must attempt to have such
grievance informally adjusted by the building Principal "or other
appropriate administrator."  If the aggrieved employee is not satisfied
with the outcome of the informal procedure, the grievance is then presented
formally, in writing, to the Principal "or other appropriate administrator,"
acting as the first step of the formal grievance procedure.

     7.  The Aides and Teacher Assistants are under the functional super-
vision of teachers, librarians, or other curriculum specialists; however,
the Aides and Teacher Assistants are under the formal supervision of, and
their performance is evaluated by, the building Principals.  The grievance
procedure article of the collective bargaining agreement for the Aides and
Teacher Assistants' unit requires that employees who believe they may have
a grievance must attempt to have such grievance informally adjusted by the
building Principal "or appropriate Administrator."  If the aggrieved
employee is not satisfied with the outcome of the informal procedure, the
grievance is then presented formally, in writing, to the Principal "or
other appropriate administrator," acting as the first step of the formal
grievance procedure.
		    
				   -4-

     8.  The labor relations policies for the Secretaries, Aides, and
Teacher Assistants, as well as those for all of the employees of the Auburn
School Department, are determined by the Auburn School Committee and are
set forth in the Department's current policy manual, except to the extent
that such policies are inconsistent with the provisions of any relevant
collective bargaining agreement.

     9.   The distribution of employees within the classifications at issue
is as follows:
	 
	Aides                  Assistants                     Secretaries

  Developmentally          Library Associates:      10**     Level 1:    8
    delayed aides: 6       Special Ed. Asst's:      14       Level II:   7
  Cued speech              Chapter I Asst's:        15       Level III:  8
    interpreter:   1*      Building Teacher Asst's: 25       Level IV:   3
							     Level V:    2

  * Compensated at Teacher Assistant level

 ** All others are classified as Educational Technician II's by State
    Department of Education; Library Associates are classified as
    Educational Technician III'S.

    10.  The Aides and Secretaries' compensation is based on an hourly
rate, while the Teacher Assistants are paid on a per diem basis.  The
salary scales are as follows:

     Secretaries

	Classification         Range per hour        Range per day

	   Level I              $6.45 - 8.58         $48.38 - 64.35
	   Level II              6.58 - 8.75          49.35 - 65.63
	   Level III             6.71 - 8.93          50.33 - 66.98
	   Level IV              6.77 - 9.01          50.78 - 67.58
	   Level V               6.90 - 9.18          51.75 - 68.85

	Note:  There are 10 experience steps for each classification,
	       one for each year of service.
	       
     Aides

	Experience             Rate per hour         Rate per day

	0 - 2 years                $6.75                $43.88
	3 - 5 years                 7.25                 47.13
	6+ years                    7.75                 50.38

							
				   -5-

     Teacher Assistants

	Experience             Rate per hour         Rate per day

	0 - 2 years                $7.77                $50.50
	3 - 7 years                 8.69                 56.50
	8 - 11 years                9.02                 58.60
	12 - 14 years               9.37                 60.90
	15+ years                   9.54                 62.00

     Library Associates

	Experience             Rate per hour         Rate per day

	0 - 2 years                $8.16                $53.03
	3 - 7 years                 9.12                 59.33
	8 - 11 years                9.47                 61.53
	12 - 14 years               9.84                 63.95
	15+ years                  10.02                 65.10


     11. The following table depicts the employment benefits enjoyed by the
classifications at issue:

Benefit           Secretaries           Aides                  Teacher Assistants

Health ins.       Full family           50% single             Full single 

Paid holidays     0-5 years: 5          None                   1 day/longevity step 
		  6-8 years: 8                                  (5 maximum) 
		  9 years+: 10

Sick leave        15 days/year          15 days/year           15 days/year   
		  (max. accumulation    (max. accumulation     (max. accumulation 
		   120)                  90)                    90) 

Sick leave bank   voluntary             voluntary              voluntary   

Personal days     2 (with reason)       2 (with reason)        2 (with reason)  

Retirement        $50/year of service   $50/year of service    $50/year of service 
  stipend         (if have 10 yrs. in   (if have 10 yrs. in    (if have 10 yrs. in 
		  Auburn at time of     Auburn at time of      Auburn at time of 
		  retirement); or per   retirement)            retirement)   
		  them rate for all
		  unused accumulated
		  sick days over 90

Course reim--     Courses related to    Up to 6 cr. hrs.,      Up to 6 cr. hrs.,  
  bursement       area of work, paid    educational field,     educational field, 
		  at U. of M. rate      paid at U. of M.       paid at U. of M. 
					rate                   rate    
					
				   -6-
				    
Benefit           Secretaries           Aides                  Teacher Assistants

Vacation          None, except year-    None                   None
		  round employees:
		  20 days

Longevity         $200 after 10 years   None                   None
  stipend          400 after 15 years
		   600 after 20 years

    12.  The work day and work year for each classification at issue are as
follows:

     Classification                        Work day        Work year
	Secretaries
	 
	   Levels I  - III                 7 1/2 hours     189 days
	   Levels IV & V, currently        7 1/2 hours     189 days*

	Aides                              6 1/2 hours     177 days

	Teacher Assistants                 6 1/2 hours     180 days

     * Level IV & V will become 228-day/year positions when new personnel
       are hired into these positions.

    13.  The grievance procedure, available for the adjustment of employee
concerns that arise from their collective bargaining agreements, is essen-
tially the same for all of the classifications at issue.

    14.  During their initial 90 days of employment, Aides are not entitled
to any of the benefits or rights created by the collective bargaining
agreement.  During their first two years of employment, the Aides and
Teacher Assistants may not grieve the Employer's failure to renew their
individual contracts of employment.  Once they have been employed for
longer than two years, Aides and Teacher Assistants are "entitled to a
written statement for reasons for non-renewal" of their individual
contracts of employment.  Such reasons may not be arbitrary or capricious
and the non-renewal is subject to review through the grievance procedure.

    15.  During their first two years of employment, the Secretaries may
not grieve the Employer's failure to renew their individual contracts of
employment.  Once they have been employed for longer than two years, such
non-renewal of a Secretary's individual contract is subject to review,
using a just cause standard, through the grievance procedure.

    16.  The minimal educational requirement for the Secretary and Aide
classifications is graduation from high school.  At a minimum, Teacher
Assistants must have completed two years of college and Teacher Associates
must have completed at least three years of college.  The Secretaries'
skills and training are primarily clerical in nature, while those of the
Aides and Teacher Assistants are mainly in the field of education.

				   -7-

    17.  While the Secretaries do not work with the instructional Aides or
Assistants, there is occasional professional contact among the three
classifications.  No evidence was produced at the hearing to establish the
amount of professional contact or interchange among the employees within
each of the classifications at issue or between those in the Aide classif-
ication and those who are Teacher Assistants.

    18.  Most of the employees in the classifications at issue work in a
room by themselves.  The Secretaries mainly work in a school office, the
Aides or Assistants each in a classroom, and the Library Associates each
work in a school library.  All of the employees work in one of the 14
schools in the Auburn system.

    19.  The Auburn School Department Secretaries' Bargaining Unit was
created by an Agreement on Appropriate Bargaining Unit executed by the par-
ties on August 25, 1975.  On the same date, the Employer voluntarily
recognized the Union as the bargaining agent for this unit.  The parties
have negotiated a series of collective bargaining agreements for the
Secretaries' unit, the most recent of which was in effect from August 1,
1988, through July 31, 1990.

    20.  The former Auburn School Department Teacher Assistants' Bargaining
Unit was created by an Agreement on Appropriate Bargaining Unit executed by
the parties on April 2, 1975.  On the same date, the Employer voluntarily
recognized the Union as the bargaining agent for this former unit.  The
parties then negotiated a series of collective bargaining agreements for
the Teacher Assistants' unit.

    21.  On February 22, 1989, the parties executed a new Agreement on
Appropriate Bargaining Unit whose purpose was to include the Aides classi-
fication into a unit together with the Teacher Assistants.  On the same
date, the Employer voluntarily recognized the Union as the bargaining agent
for the expanded unit.  The parties negotiated a collective bargaining
agreement, which was in effect from September 1, 1988, through July 31,
1990, for the Teacher Assistants and Aides bargaining unit.

    22.  Most (if not all) public employees working for the Auburn School
Committee are currently organized and represented for purposes of collec-
tive bargaining.  In addition to the units involved in this proceeding, the
other units are:  a teachers' unit that includes teachers, counselors, and
department heads; an administrators' unit; and a unit comprised of bus dri-
vers, custodians, and maintenance personnel.

    23.  The Auburn School Department's organizational structure is divided
into two major functional units, each headed by an individual who reports
directly to the Superintendent of Schools.  One division concerns the
operation of the schools and the other deals with the educational function.
The Secretaries are part of the operational division and are under the
ultimate supervision of the School Department Business Manager.  The
Teacher Assistants and Aides are part of the program division which is
directed by the Assistant Superintendent for Curriculum and Instruction.
		       
				   -8-

				DISCUSSION

     The Municipal Public Employees Labor Relations Law ("Act"),
26 M.R.S.A. ch. 9-A, was amended by Chapter 236 of the Public Laws of 1989
to provide a mechanism for the merger of two or more bargaining units into
a single, resulting unit.  To be considered for merger pursuant to the new
section of the Act, 26 M.R.S.A.  966(4) (Supp. 1990), all of the units at
issue must consist of employees of the same public employer and be repre-
sented by the same bargaining agent.  Either the public employer or the
bargaining agent may initiate the unit merger process by filing a petition
therefor with the executive director.  Pursuant to Board Rule 1.17(B), no
showing of interest is required in support of such merger petitions.

     Upon receipt of a merger petition,  966(4) requires the executive
director or the director's designee to determine whether the expanded unit
being proposed conforms to the requirements set forth in  966.  In addi-
tion to the identity of the public employer and the bargaining agent, the
considerations mentioned in  966 include:  (1) the preference expressed in
 966(1) against including supervisory employees in the same unit with the
employees whom they supervise, (2) the  966(2) requirement that classifi-
cations assigned to the same bargaining unit share a clear and identifiable
community of interest, (3) the requirement contained in  966(2) that, if
professional and non-professional employees are to be included in the same
unit, a majority of all of the professional employees affected must vote in
favor of such inclusion for it to occur, (4) the  966(4)(B) proviso that,
if a decertification petition has been filed for any of the units involved
in the merger proceeding, the decertification petition must be resolved
prior to consideration of the merger petition, (5) the  966(4)(C) limita-
tion that only one merger petition may be filed per year for the same
bargaining units, (6) the  966(4)(E) prohibition against merging a unit
made up primarily of supervisory employees with any other unit, and (7) the
 966(4)(F) proscription against merging a teachers' unit with a unit of
non-professional employees.

     The sole question presented in the instant proceeding is whether the
Teacher Assistants and Aides share a sufficient community of interest with
the Secretaries for the three classifications, together, to constitute an

				   -9-

appropriate bargaining unit.  The Union contended that the three classifi-
cations shared the requisite community of interest level to permit merger.
The Employer averred that a comparison of the respective educational versus
administrative job functions of employees in the two units supports a
finding of a lack of community of interest between the two groups.

     In order to constitute an appropriate bargaining unit, employee
classifications must share a clear and identifiable community of interest.
26 M.R.S.A.  966(2) (1988).  The Board has developed and consistently
applied an eleven-point test to determine whether the statutorily-required
community of interest level is present in a given case.  Council 74, AFSCME
and City of Brewer, No. 79-A-01, slip op. at 3-4, 1 NPER 20-10031
(Me.L.R.B. Oct. 17, 1979); Penobscot Valley Hospital and Maine Federation
of Nurses and Health Care Professionals, AFT, AFL-CIO, No. 85-A-01, slip
op. at 4, 8 NPER ME-16011 (Me.L.R.B. Feb. 6, 1985).  When the Board amended
its Rules in July of 1990, it adopted a new rule that incorporates the
relevant community of interest factors, Board Rule 1.11(F)(1).  Among the
relevant community of interest criteria are:

     (1) similarity in the kind of work performed [4 and 5]; (2) common
     supervision and determination of labor relations policy [6, 7 and
     8]; (3) similarity in the scale and manner of determining earnings
     [10]; (4) similarity in employment benefits, hours of work and
     other terms and conditions of employment [11, 12, 13, 14 and 15];
     (5) similarity in qualifications, skills and training of employees
     [16]; (6) frequency of contact or interchange among the employees
     [17]; (7) geographic proximity [18]; (8) history of collective
     bargaining [19, 20 and 21]; (9) desires of the affected employees;
     (10) extent of union organization [22]; and (11) the employer's
     organizational structure [23].

The numbers appearing within the brackets in the foregoing rendition of
Rule 1.11(F)(1) refer to the paragraphs(s) of the findings of fact per-
tinent to the criterion immediately preceding each set of brackets.  No
purpose would be served by repeating that information here; therefore, the
relevant paragraphs of the findings of fact are incorporated herein by
reference.

     The following criteria tend to establish that the Secretaries share a
clear and identifiable community of interest with the Teacher Assistants
and Aides:  similarity in the kind of work performed, common supervision,

				  -10-

similar scale and manner of determining earnings, similar employment bene-
fits, hours of work and length of work year, identical grievance procedure,
and similar qualifications and training.

     In comparing the nature of the work being performed by the various
classifications under consideration, the essence or basic type of the func-
tions being performed is far more important than the details of each posi-
tion's work responsibilities.  Inherent in the existence of separate job
classifications is a difference in the specific work assignment of each
classification; however, such differences do not preclude the inclusion of
various classifications in the same bargaining unit.  In a school depart-
ment setting, for example, there may be, and usually are, approximately a
dozen job classifications; however, there are only four basic types of work
being performed.  The kinds of work in a typical school milieu are:
(1) administrators supervising professional and non-professional employees,
(2) teachers and other educational specialists such as counselors or
librarians participating directly in the educational process, (3) educa-
tional support personnel providing direct support to the educational pro-
cess, and (4) non-educational support staff performing the manual or
mechanical work to keep the department's physical plant in operation.  In
the instant case, the Teacher Assistants and Aides are educational support
personnel, directly participating in the educational process.  While the
Secretaries' work is somewhat more difficult to characterize, their work
product is much more closely allied to the educational function than is
that of bus drivers, custodians, or maintenance personnel.  Second, the
Aides and Assistants and especially the Library Associates perform some
clerical duties on a regular basis; hence, on occasion they are performing
work that is identical to that of the Secretaries.  Third, at least some of
the Secretaries are involved in a quasi-educational role in working with
those students who work in the school offices.

     All of the employees in the classifications at issue are supervised by
the building principals, who serve as the informal level and the first step
of the formal grievance procedure for all of the employees.  In contrast
with administrators and teachers whose compensation is based on an annual
salary,, the wages of all of the employees under consideration are calcu-

				  -11-

lated and paid on either an hourly or a per diem basis.  While their par-
ticular pay scales vary, the range of the Aides' hourly rate falls well
within the range of the Secretaries' hourly rate.  While the Teacher
Assistants and Associates are compensated on a daily basis, the range of
their per diem rate falls well within that for the Secretaries, when the
latter's hourly rate is converted to a per diem rate, taking into account
the hourly rate and the length of the average work day.

     While most of the benefits enjoyed by the Secretaries are identical or
very similar to those of the other two classifications, the Secretaries
receive paid full family health insurance while the others do not.  On the
other hand, the Teacher Assistants receive full paid employee health
insurance and the Aides receive only 50% of the employee rate paid by the
Employer.  The difference between the Secretaries' health insurance benefit
and that of the Teacher Assistants is not greater in degree than that be-
tween the Assistants' and the Aides' insurance benefit and the latter are
in the same unit.

     Currently, the Secretaries work one hour more per day than do the
Teacher Assistants and Aides and the former work up to 12 days more per
year than do the latter.  While there are differences here, they are rela-
tively minor.  All of the employees under consideration have access to an
identical grievance procedure.  Finally, the minimum qualifications and
training required of the Secretaries and Aides are the same--both must have
at least graduated from high school in order to qualify for employment.

     The following community of interest factors suggest that the Teacher
Assistants, Aides and Secretaries do not share the requisite community of
interest level to be included in the same bargaining unit:  determination
of labor relations policy, different standard of review in arbitration of
non-renewal grievances, different job skills, separate collective
bargaining history, and assignment to different divisions within the
Employer's organizational structure.

     Although, in the first instance, the labor relations policies for all
of the employees under consideration are determined by the Auburn School
Committee and are implemented by the Superintendent of Schools, the
policies applicable to Secretaries are somewhat different from those

				  -12-

relating to the other classifications because those of the Secretaries have
been modified by a collective bargaining agreement which is distinct and
different from that setting the policies for the Aides and Assistants.

     Second, none of the employees in the three classifications may grieve
non-renewal of their individual contract of employment until they have been
employed by the Employer for more than two years.  After completion of two
years' employment, all can grieve non-renewal decisions; however, the legal
standard used by the impartial arbitrator to evaluate the correctness of
the non-renewal of the Secretaries is different than that applicable to the
Aides and Associates.  A Secretary's contract may only be non-renewed for
"just cause," while Aides or Assistants' non-renewal is authorized, unless
the non-renewal decision was "arbitrary or capricious."

     The Secretaries' skills are somewhat different from those of the Aides
and Assistants.  The Secretaries must have much stronger clerical skills
than employees in the other two classifications, while the latter must have
skills in the field of education that the former need not possess.  For
over 15 years, the Secretaries and the Teacher Assistants have negotiated
separately with the employer over their respective terms and conditions of
employment.  No evidence was presented concerning any problems that arose
during these long relationships.  Finally, the Secretaries are in a dif-
ferent functional unit of the Employer's organizational structure than are
the Teacher Assistants and Aides.

     The following criteria do not militate either for or against a holding
of a shared clear and identifiable community of interest among the
Secretaries, Teacher Assistants and Aides:  the frequency of contact or
interchange among the employees, geographic proximity of the employees'
work sites, and extent of union organization.  Because of the insular
nature of employment in a school department, the only occasional pro-
fessional contact between Secretaries and Assistants or Aides is not par-
ticularly significant.  Teachers, unless engaged in team teaching, usually
have only occasional contact with other teachers and employees working in
one school building and have only rare professional contact with those in
other buildings.  The degree of employee contact is, therefore, far less
helpful a factor in evaluating school units than it is in most other

				  -13-

employment settings.  Similarly, the Secretaries in Auburn work in the
same 14 buildings as the other employees at issue here.

     The extent of union organization criterium can often be helpful, par-
ticularly when considering the potential unit status of a group of residual
employees or in situations requiring application of the Board's non-
proliferation policy.  Here, apparently all of the public employees of the
Auburn School Department have been organized into sizable bargaining units;
therefore, the extent of union organization factor is not helpful.

     The community of interest factors have been examined and weighed indi-
vidually and together.  Those factors tending to establish that the Teacher
Assistants, Aides and Secretaries share a clear and identifiable community
of interest are qualitatively more significant than those militating for
the opposite result.  This is particularly true because several of the
former criteria, including similarity in the kind of work being performed,
common supervision, similarities in hours of work and length of work year,
and similar qualifications and training, are inherent in the positions
themselves.  A majority of the factors tending to establish inadequate com-
munity of interest among the positions at issue flow from the different
bargaining histories of the two units sought to be merged.  Since the pur-
pose of the unit merger provision is to examine the appropriateness of com-
bining two or more bargaining units and since separate units will almost
invariably have distinct bargaining histories, the differences in the terms
and conditions of employment flowing from such different bargaining
histories should not be given dispositive effect in a unit merger pro-
ceeding.  The Teacher Assistant, Aide, and Secretary classifications in the
employ of the Auburn School Committee share a clear and identifiable com-
munity of interest, within the meaning of 26 M.R.S.A.  966(2); therefore,
together, said positions constitute an appropriate unit for purposes of
collective bargaining.  If approved by a majority of the employees in each
of the constituent units present and voting in the unit merger election,
said resulting bargaining unit would conform with the requirements set
forth in 26 M.R.S.A.  966.
			   
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		      APPROPRIATE UNIT DETERMINATION

     On the basis of the foregoing findings of fact and discussion and by
virtue of and pursuant to the provisions of 26 M.R.S.A.  966, the
following described unit of employees of the Auburn School Committee is
held to conform to the requirements set forth in said section:

     INCLUDED:  Teacher Assistants, Aides, and Secretaries.

     EXCLUDED:  The Secretaries in the Superintendent's and Business
		offices and all other employees of the Auburn School
		Committee.


				  ORDER

     Pursuant to 26 M.R.S.A.  966(4), two unit merger elections shall be
scheduled forthwith, one for the employees in the Auburn School Department
Secretaries' Bargaining Unit and one for the employees in the Auburn School
Department Teacher Assistants and Aides' Bargaining Unit.  Said elections
will be conducted concurrently, with a different colored ballot being used
for each unit.  The only question on each ballot shall be whether the
employees in that unit wish their unit to be merged with that of the
employees in the other unit for purposes of collective bargaining.

Dated at Augusta, Maine, this 27th day of February, 1991.

				    MAINE LABOR RELATIONS BOARD


				    /s/____________________________________
				    Marc P. Ayotte
				    Executive Director

The parties are advised of their right, pursuant to 26 M.R.S.A.  968(4)
(1988), to appeal this report to the Maine Labor Relations Board.  A party
seeking appellate review must file a notice of appeal with the Board within
fifteen (15) days of the date of issuance of this report.  See Board Unit
Determination Rule 1.12, Board General Provisions Rule 7.03.

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