Employee Relations v. MLRB and MSEA, No. CV-77-135, affirming No. 77-A-02 STATE OF MAINE SUPERIOR COURT KENNEBEC, SS CIVIL ACTION Docket No. CV-77-135 MAINE OFFICE OF EMPLOYEE ) RELATIONS, ) ) Plaintiff ) ) v. ) DECISION ) MAINE LABOR RELATIONS BOARD ) ) and ) ) MAINE STATE EMPLOYEES ASSOCIATION, ) ) Defendants ) In accordance with Rule 8OB, M.R.Civ.P., Plaintiff seeks review of a Maine Labor Relations Board's (M.L.R.B.) decision. Plaintiff challenges the characterization of three public officials as "state employees" and their subsequent inclusion in the Supervisory Services bargaining unit, pursuant to 26 M.R.S.A. 979, et seq. When reviewing the findings made by the M.L.R.B. in a unit determination proceeding, 26 M.R.S.A. 968(4) provides that Board review of a unit determination "shall be subject to review by the Superior Court in the manner specified in section 972." Section 972, relating by its terms to review of arbitration decision, provides: ...The binding determination of an arbitration panel or arbitrator, in the absence of fraud, upon all questions of fact shall be final. The Court may, after consideration, affirm, reverse or modify any such determination or decision based upon an erroneous ruling or finding of law. Baker Bus Service, Inc. v. Keith, Me., 416 A.2d 727, 729 (1980). [-1-] _________________________________________________________________ There being no allegation of fraud, the construction placed on the statute by the Board, as an agency charged with its enforcement, should be accorded "considerable deference" by this Court. State v. M.L.R.B., Me. 413 A.2d 510, 514 (1980). The decision of the Board in a unit determination case should be disturbed "only if arbitrary or unreasonable." Continental Insurance Co. v. N.L.R.B., 409 F.2d 727, 728 (2nd Cir.) cert. denied, 396 U.S. 902 (1969) This Court is of the view that the Board's decision was neither arbitrary nor unreasonable. The purpose of the State Employees Labor Relations Act, stated in section 979, is to provide state employees the right to join labor organizations and be represented in collective bargaining. Section 979-A(6) defines "state employee" as "any employee of the State of Maine... except any person" falling within one of the stated exclusions. (Statutory text omitted). It is clear from the statutory language that the three public officials--the Director of Geology, Director of Civil Emergency Preparedness, and Director of Veteran Services--do not fall within any of the exceptions. The statute "must be held to mean what it declares plainly." Reggep v. Lunder Shoe Products Co., Me. 241 A.2d 802, 805 (1968). Accordingly, the entry will be: Plaintiff's appeal is DENIED. The Decision of the Maine Labor Relations Board is AFFIRMED. Dated: October 10, 1980 /s/______________________________ Daniel E. Wathen Justice, Superior Court -2- ________________________________________________________________