Portland Public Library vs. Portland Teachers Assn., No. CV-81-884, 
affirming 81-A-02, affirming 81-UD-04 decision on jurisdiction.

STATE OF MAINE                                SUPERIOR COURT
CUMBERLAND, ss                                CIVIL ACTION
                                              Docket No. CV-81-884

                Plaintiff     )
        vs.                   )              ORDER
ET AL.,                       )
                Defendants    )
     In this case, the Portland Public Library challenges a
determination by the Maine Labor Relations Board that the
Public Library is a "public employer" as that term is defined
in 26 M.R.S.A.  962-7.[fn]1  Appeal is brought pursuant to Rule 80B
M.R. Civ. P.[fn]2 and 26 M.R.S.A.  968-4 and 972.
      The parties have briefed the issues with considerable care.
However, the Court does not view the question as particularly
close.  The administrative record leaves no doubt that the Maine
Labor Relations Board findings at pages 2 through 6 of its June
18, 1981 order are supported by substantial evidence in the record
1 "Public employer" means any officer, board, commission,
   council, committee or other persons or body acting on
   behalf of any municipality or town or any subdivision
   thereof, or of any school, water, sewer or other district,
   or of the Maine Turnpike Authority, or of any county or
   any subdivisions thereof.

2  Rule 80B was replaced by Rule 80C M.R. Civ. P., effective
   February 15, 1983.


and, therefore, are not subject to reversal by this Court;
Sanford Highway Unit of Local 481 v. Town of Sanford, 411 A.2d
1010 (Me. 1980); Bangor Water District v. Maine Labor Relations
Board, 427 A.2d 973, 976 (Me. 1981).
     With those findings establishing the close relationship
of the City and the library, the case is essentially controlled
by the principals articulated in Baker Bus Service v. Keith,
416 A.2d 727 (Me. 1980) which govern the conditions under which
private or quasi-public entities may become public employers for
purposes of application of the Public Employees Labor Relations
Act, 26 M.R.S.A.  961 et seq.  The result reached by the Maine
Labor Relations Board is consistent with those principals; it is
not subject to reversal.
     Therefore, the Court ORDERS and the entry shall be:
     1.  Appeal DENIED.
     2.  Order of the Maine Labor Relations Board is AFFIRMED.
Date:  August 22, 1983             /s/____________________________
                                   DONALD G. ALEXANDER
                                   Justice, Superior Court