Recent MLRB Decisions

As the MLRB issues new decisions, they will be formatted for publication on this website and a link to the decision will be added to this page. Below are links to the most recent decisions, and a very brief summary of the case. For a list of pdf copies of decisions issued in the past few years, go to library copies .

 

May 15, 2014, RSU No. 38 Board of Directors and Maranacook Area Schools Assoc., Case No. 14-19SQ.

In response to a Petition for a Status Quo Determination under 26 MRSA section 964-A(2), the Board determined that the provision in the parties' expired collective bargaining agreement stating that employees shall move up one level of the salary scale each year was indistinguishable from the step increases that the Law Court disallowed in COLT and was therefore not enforceable pursuant to the status quo doctrine.

April 8, 2014, Teamsters Union Local 340 v. Town of Warren, Case No. 14-UD-03.

The Hearing Examiner concluded that the petitioned-for bargaining unit of the Highway Supervisor and Highway Worker/Driver positions was appropriate and that the scope and degree of supervisory functions exercised by the Supervisor did not warrant assigning that position to a separate bargaining unit.

March 21, 2014, Teamsters Union Local 340 v. Town of Eliot, Case No. 14-04.

The Board concluded that the Town violated the Act by reducing the hours of employment of an employee without prior notice to the bargaining agent to provide a reasonable opportunity to demand bargaining about the reduction and its impact.

March 20, 2014, Central Lincoln County Educational Specialists Assoc./MEA and AOS #93, Case No. 14-UD-01.

The Hearing Examiner dismissed the petition because the specialists namned in the petition were not employees of AOS #93 and, if they were, they would be barred from filing the petition by the contract bar rule.

December 17, 2013, AFSCME Council 93 and Penobscot County, Case No. 14-UCA-01 and 14-UCA-01 pdf.

The Board upheld the hearing examiner's dismissal of the unit clarification petition that sought to add part-time employees to an existing unit of the Sheriff's Department because the Petitioner had failed to demonstrate that the circumstances had changed sufficiently to warrant modification of the unit.

December 10, 2013, Teamsters Union Local 340 and Town of Van Buren, Case No. 13-UD-07 and 13-UD-08 and 13-UD-07 pdf.

The Hearing Examiner determined that the two bargaining units proposed, a General Government Unit and a Public Works Unit, were appropriate and ordered bargaining agent elections in both units.

October 31, 2013, MSLEA and Timothy McLaughlin v. State of Maine, Dept of Corrections, Case No. 13-15 and 13-15 pdf.

The Board dismissed the complaint because the facts as alleged do not, as a matter of law, constitute a violation of the Act. The Board held that during the consideration of a motion to dismiss, documents supplied by either party that are not part of the complaint may be considered if the authenticity of the documents is not challenged and the documents are central to the complaint or are referred to in the complaint.

August 20, 2013, AFSCME and Penobscot County Sheriff's Department, Case No. 12-UC-03 and 12-UC-03 pdf.

The Hearing Examiner denied the unit clarification petition seeking to add part-time Corrections Division employees to the existing Penobscot County Sheriff's Department Line Unit because the Petitioner had failed to demonstrate that there were sufficient changed circumstances to justify adding positions to the unit mid-term.

May 24, 2013, Local 1476, IAFF v. City of South Portland, Case No. 12-05 and 12-05 pdf.

The Board majority rejected the Union’s charge that the City of South Portland had a statutory duty to bargain over the decision to implement a new overtime hiring policy that changed the procedure for notifying employees of overtime, noting that the changes did not rise to the level of being a material or significant change in a working condition. The Board majority did, however, require the City to bargain over the impact of the new policy to the extent that it was not already covered by the contract. The dissent would have required the City to bargain over both the decision to implement the policy and the impact.

February 12 , 2013, Maine State Employees Assoc. v. Maine Turnpike Authority, Case No. 12-08 and 12-08 pdf.

The Board rejected the Union's charge that disciplining a union member for complying with his attorney's instructions during arbitration was discriminatory in violation of 965(1)(B). The Board concluded that the imposition of the discipline was not interference, restraint or coercion in violation of 965(1)(A), but the delay in rescinding the discipline was a (1)(A) violation.

February 13, 2013 (reissue), Teamsters Union Local 340 and City of Westbrook, Unit Determination Report, Case No. 13-UD-01 and 13-UD-01 pdf.

The Hearing examiner concluded that the per diem fire/rescue workers were not on-call employees within the meaning of 26 M.R.S.A. § 962(G), that they share a community of interest with the full-time fire/rescue workers, and should be included in the full-time fire/rescue workers' bargaining unit.

January 2, 2013, AFSCME Council 93 v. City of Portland, Order Clarification for case No. 12-10 and 12-10 pdf.

The Board clarified its order of November 15, 2012. (Note: The Order Clarification is appended to the November 15, 2012, Decision and Order)

November 29, 2012, Freeport Police Benevolent Assoc. and Town of Freeport, No. 13-UDA-01and 13-UDA-01 pdf.

The Board affirmed the Executive Director's decision in 12-UD-05 denying the petition for unit determination to add the sergeants to the patrol officers bargaining unit.

November 15, 2012, AFSCME Council 93 v. City of Portland, No. 12-10 and 12-10 pdf.

The Board concluded that the City of Portland violated the Act by splitting a vacant full-time bargaining unit position into two part-time positions without first giving notice and an opportunity to bargain to the bargaining agent.

November 13, 2012, Local 1373, AFSCME Council 93 v. City of Portland, No. 12-13 and 12-13 pdf.

The Board concluded that the City of Portland was required to provide the relevant information requested by the Union, but in this case it was not required to provide that information in writing.

October 12, 2012, City of Augusta v. Local 1650 IAFF and MLRB, Kennebec County Superior Court Decision AP-11-64 and AP-11-64 pdf.

The Superior Court affirmed the Board's Status Quo Determination in case No. 11-03SQ.

August 31, 2012, Teamsters Union Local 340 ( Petitioner), National Correctional Employees Union, and York County, Unit Determination Report No. 12-UD-02 (html) .

The Hearing Examiner denied the petition to sever the lieutenants, sergeants, and corporals out of the existing Corrections and Supervisory Employees Unit of the York County Sheriff's Department.

August 6, 2012, MSEA v. State of Maine, Interim Order on Appeal of Executive Director's Dismissal, No. 12-17 and 12-17 Interim Order pdf

The Board affirmed the Executive Director's decision in part and reinstated the complaint in part.

June 6, 2012, MSAD #6 Board of Directors v. Saco Valley Teachers Association/MEA, Interim Order, No. 12-20 (html) and No. 12-20 (pdf).

The Board denied the Complainant's request for a stay of a scheduled fact-finding hearing.

May 24, 2012, Sanford School Committee and Central Office Staff EA/MEA/NEA, Decision and Order on Appeal of Unit Determination and Unit Clarification, No. 12-UDA-01 (html) and No. 12-UDA-01 (pdf).

The Board modified the Hearing Examiner's Order by excluding two employees as confidential employees, placing another employee in an existing unit, and affirmed the Examiner's finding that the remaining employees in the proposed unit constituted an appropriate bargaining unit.

March 27, 2012, Aline C. Dupont v. Maine State Employees Association, Decision on Appeal of Executive Director's Dismissal No. 11-05 (pdf)

The Board affirmed the Executive Director's dismissal of a complaint alleging that the union breached its duty of fair representation in handling the complainant's termination grievance and by not taking her grievance to arbitration.

January 19, 2012, Maine State Troopers Association Petition for Interpretive Ruling, Interpretive Ruling No. 12-IR-01 (html) and No. 12-IR-01 (pdf)

The Board denied most of the request for an interpretive ruling, but did issue a ruling on how section E-1 of P.L.2011, ch. 380 affects the statutory obligation to bargain imposed by SELRA.

December 15, 2011, IAFF Local 1650 v. City of Augusta, Decision and Order, No. 11-03 (html) and No. 11-03 (pdf)

The Board concluded that an evergreen clause signed by the parties' negotiators was not binding on the parties because it was not ratified by the principals as required.

December 15, 2011, IAFF Local 1650 v. City of Augusta, Status Quo Determination, No. 11-03SQ (html) and No. 11-03SQ(pdf)

The Board considered three provisions of the expired collective bargaining agreement and determined that the Employer was required under section 964-A(2) to maintain the status quo with respect to each of the three issues while the parties continued negotiations on a successor agreement.

November 10, 2011, Massabesic Educ. Assoc. v. RSU 57 Board of Directors, Decision and Order, No. 11-17 (pdf) or No. 11-17 (html)

Board considered whether various statements of the School Superintendent, including statements made during public meetings on the school budget, violated a ground rule on confidentiality of negotiating sessions and whether it was a violation of the duty to bargain in good faith.

August 11, 2011, Town of Orono v. IAFF Local 3106, Orono Fire Fighters, Decision and Order, No. 11-11 (pdf) or No. 11-11 (html)

The Board concluded that, in the totality of the circumstances, the Union violated sectin 965(1)(C) by failing to comply with the negotiating ground rule that expressly prohibited disclosures to the press.

August 9, 2011, Local 1650 IAFF v. City of Augusta, Interim Order, No. 11-03 (pdf)

The Board discussed section 964-A(2) mandating the continuation of grievance arbitration provisions after the expiration of the collective bargaining agreement and addressed the Board's authority for resolving disputes arising under that section.

May 17, 2011, National Correctional Employees Union v. York County, Interim Decision, No. 11-07 (pdf) or No. 11-07 (html)

The Board addressed the legal issue of whether the contractual grievance and abritration provision set forth in a collective bargaining agreement survived the decertification of the signatory union. The Board also considered the enforceability of evergreen clauses.

January 28, 2011, Sanford Professional Firefighters, Local 1624 v. Town of Sanford, No. 11-04 (pdf) or No. 11-04(html)

The Board granted a motion to defer to arbitration which arose under the rights granted in 26 MRSA 964-A.

March 29, 2011, Maine Employees United/Saco Public Works Assoc.v. City of Saco, No. 11-02 (pdf) or No. 11-02 (html)

The Board ordered the City to maintain the status quo by continuing dues deductions and deduction of union service fees while negotiations continue.

September 13, 2010, Christopher E. Roy v. Town of Frye Island, No. 10-10 (pdf) or 10-10 (html).

The Board dismissed the case because the complainant was a seasonal employee and was therefore not able to file a prohibited practice complaint under the statute.

July 16, 2010, Teamsters Union Local 340 v. Town of South Berwick, No. 10-UD-09(pdf) or 10-UD-09 (html).

The Hearing Examiner concluded that the petitioned-for unit appropriately included the Town Clerk, Code Enforcement Officer, and Assessing Agent.

July 9, 2010, Maine State Employees Association v. State of Maine, Dept. of Public Safety, No. 09-10 (pdf) or 09-10 (html).

The Board concluded that the Employer had not engaged in direct dealing with employees when reassigning duties and submitting a reclassification request to reflect the newly-assigned duties.

April 23, 2010, Maine Community College System and Maine State Employees Association, No. 10-UDA-01 (pdf) or 10-UDA-01 (html).

The Board affirmed that the petitioned-for unit of adjunct faculty members employed by the Maine Community College System was an appropriate bargaining unit.

February 23, 2010, Maine State Employees Association and Maine Community College System, No. 10-UD-04 (pdf) or 10-UD-04 (html).

The Hearing Examiner determined that the petitioned-for unit of adjunct faculty members employed by the Maine Community College System was an appropriate bargaining unit.

October 7, 2009, Androscoggin Superior Court Decision, Lewiston School Department v. MSEA and MLRB, Docket No. AP-09-001 (pdf) or AP-09-001 (html), affirming Board Decision No. 09-05.

The Court affirmed the Board's decision on how to define the status quo that must be maintained for health insurance premium costs after the expiration of the collective bargaining agreement while the parties are negotiating a successor agreement.

August 21, 2009, MSEA v. State of Maine, Dept. of Public Safety, Case No. 09-13 (pdf) or 09-13 (html) Decision and Order

Board dismissed the complaint because the facts alleged did not constitute a violation of the Act. Issue was whether the employer's discussions with employee about unpaid personal leave request constituted direct dealing.

January 28, 2009, Sanford Police Association v. Town of Sanford, Case No. 09-04 (pdf) or 09-04 (html) Interim Order

Interim Order addressed Board's lack of jurisdiction over First Amendment issues and related matters regarding evidence supporting an interference, restraint or coercion charge.

January 15, 2009, MSEA v. Lewiston School Department, Case No. 09-05 (pdf) or 09-05 (html)

The question presented was how to define the status quo that must be maintained for health insurance premium costs when the collective bargaining agreement has expired and the parties are negotiating a successor agreement.

January 15, 2009, Interpretive Ruling, Case No. 08-IR-01 (pdf) or 08-IR-01 (html)

This is an interpretive ruling on whether certain subjects are educational policy.

November 14, 2008, MLRB-Initiated Interpretive Ruling, Case No. 09-IR-01 (pdf) or 09-IR-01 (html)

This is an interpretive ruling on bargaining during the transition from School Administrative Units to Regional School Units.

June 23, 2008, AFSCME Council 93 (petitioner) and Town of Sanford (employer), Case no. 08-UC-02 Unit Clarification Report

The Hearing Examiner concluded that the changes to the General Assistance Director position since the formation of the unit were not "changed circumstances" sufficient to support a petition to review the unit placement of the position within the meaning of section 966(3) .

June 18, 2008, David J. Jordan v. AFSCME, Council 93, AFL-CIO, Case No. 07-15 Decision and Order.

The question presented was whether AFSCME breached its duty of fair representation by failing to represent all of the job classifications in the bargaining unit during the negotiation process with the school district and by failing to address the concerns raised by certain union members during the contract ratification process.

October 26, 2007, Stephen Marean (petitioner) and Local 740, IAFF (bargaining agent) and City of Portland (employer), Case No. 07-UD-22, Unit Determination Report.

The Hearing Examiner concluded that it was not appropriate to sever out a unit of Paramedics, Firefighter/Paramedics, and Firefighter/Paramedic Lieutenants from the existing Portland Firefighters bargaining unit.

June 1, 2007, AFSCME, Council 93, AFL-CIO v. Lincoln County Commissioners, Lincoln County Sheriff's Department, and Lincoln County's Agent, Case No. 06-24 Decision and Order.

The question presented was whether the Employer's discussions with a unit employee concerning wages and benefits for a position not in the bargaining unit and assurances regarding his later return to the unit constituted direct dealing.

May 22, 2007, School Union #44 Professional Assistants Assoc./MEA and School Union #44, Case No. 07-UD-16 Unit Determination Report.

The Hearing Examiner concluded that the administrative assistant to the superintendent is a confidential employee within the meaning of section 962(6)(C) and should be excluded from the central office bargaining unit.

February 12, 2007, Challenge of Ballots in the Decertification/ Bargaining Agent Election for the MSAD #5 Bus Drivers' Bargaining Unit, Case No. 07-E-01, Executive Director's Decision.

After an evidentiary hearing, the Hearing Examiner concluded that neither of the employees whose ballots were challenged were in the bargaining unit. Consequently, their ballots could not be opened or counted in the election and a runoff election is required.

January 16, 2007, County of Cumberland v. Teamsters Union Local 340. Case No. 07-UDA-01, Decision and Order on Unit Determination Appeal.

The issue was whether the petitioned-for bargaining unit for a single job classification was appropriate or should the classification have been placed in an existing bargaining unit.

 

November 21, 2006, Teamsters Union Local 340 v. Jay School Department. Case No. 06-22, Decision and Order.

Question was whether Employer's communications with unit members regarding a proposed change in work schedules constituted direct dealing.

 

June 12, 2006, AFSCME Council 93 and City of South Portland. Case No. 06-UD-10, Unit Determination Report. (Bargaining unit for the South Portland Library.)

Primary question was whether three specific positions should be excluded from the agreed-upon unit due to supervisory responsibilities.

 

May 11, 2006, William D. Neily v. State of Maine and Maine State Employees Association, Local 1989, SEIU, Case No. 06-13, Decision on Appeal of Executive Director's Dismissal of Complaint.

Question was whether there was a basis for tolling the start of the 6 month time limit for filing a complaint and whether the complainant had standing to pursue a complaint alleging a failure to bargain. Board's decision affirmed by the Law Court on May 15, 2007 (mem.)

 

May 11, 2006, MSAD #29 Board of Directors v. MSAD #29 Education Association/MEA/NEA, Case No. 06-UCA-01, Decision and Order on Unit Clarification Appeal.

The employer appealed the Hearing Examiner's decision adding the certified occupational therapy assistant position to the existing Educational Technicians/School Secretary bargaining unit.

 

Library Copies of Board Decisions Issued Since Early 2004.

In addition to the decisions in our searchable database, we have added to this website pdf files of decisions issued since early 2004. We refer to these as library copies and they replace the hard copies we mailed to interested parties up until that time. These pdf files enable you obtain a printed version with the same pagination as the original decision. We are unable to provide pdf files for decisions issued before 2004.