CHAPTER 10. GENERAL RULES
SUMMARY: This chapter defines certain terms used throughout the rules of the Maine Labor Relations Board and contains other rules of general application.
§ 1. Effective Date. The rules of the Maine Labor Relations Board (Board) contained in Chapters 10 through 13 are effective as of January 1, 2001. All actions pending as of that date are subject to these rules.
§ 2. Applicability. The Board's rules apply to employers, employees, employee organizations or bargaining agents as defined in the Municipal Public Employees Labor Relations Law, 26 M.R.S.A. §962, the State Employees Labor Relations Act, 26 M.R.S.A. §979-C, the University of Maine System Labor Relations Act, 26 M.R.S.A. §1027, the Judicial Employees Labor Relations Act, 26 M.R.S.A. §1284, or the Agricultural Employees Labor Relations Act, 26 M.R.S.A. §1322.
§ 3. Fees and Expenses. The parties are required to share the costs of the Board members' per diem and expenses for hearings held on Prohibited Practice Complaints, Interpretive Rulings, and appeals of unit matters or appeals of election matters. No fees are required for costs related to prehearing conferences, unit composition hearings or election procedures.
§ 4. Executive Director. Whenever a rule refers to the executive director, the action or responsibility may be delegated to the executive director's designee.
§ 5. Definition of Working Days. "Working days" means those days when State offices in Augusta are open for business.
§ 6. Computation of Time Periods. In computing any period of time prescribed or allowed by these rules or by any applicable statute, the day of the act or event after which the designated period of time begins to run is not included. The last day of the period is included, unless it is a Saturday, a Sunday, or a legal holiday, in which event the period runs until the end of the next day which is not a Saturday, a Sunday, or a legal holiday.
§ 7. Filing. Filing of a submission or paper with the Board is considered complete on the date it is received by mail or in-hand delivery by the Board at its offices in Augusta.
§ 8. Certificate of Service. Except in the case of service of a prohibited practice complaint or an amended complaint, whenever a rule requires that a party serve a copy of a document on another party, the serving party may demonstrate compliance with the requirement of service by submitting to the Board a signed statement certifying service. The statement should include a written declaration of the names and addresses of the parties served and the date and manner of service. The following is an example of a statement certifying service: "I, _______, certify that on __________, I served a copy of this document on _______(name of party) by mailing/hand delivery/delivery via _____ delivery service (indicate which method), at the following address:______." Proof of service such as a certified mail return card is not required but will satisfy this requirement.
§ 9. Official Transcripts. Unless excused by the Board, the Board's hearings reporter shall record all hearings. If proceedings are reported but not transcribed, the parties may make arrangements with the reporter to order a copy of the transcript, provided, however, that a copy of the transcript must be supplied to the Board without cost. If the Board causes the proceedings to be transcribed, the reporter producing the transcript shall make copies available to the parties to the proceeding upon request and prompt tender of the appropriate fee. Requests for transcripts must be made to the reporter. The Board's copy of the transcript is available for inspection, but not copying, by the parties. Transcripts prepared at the directive of the Board or its executive director are the official transcripts of the Board proceeding. A party to a Board hearing seeking to have the hearing transcribed may, with prior approval of the Board, make arrangements for transcription by a qualified court reporter. If such arrangements are made and a transcript is produced, a copy must be furnished to the Board without cost and to the other parties upon request and tender of the appropriate fee. A transcript prepared at the request of a party may, at the discretion of the Board, be reviewed by the Board's hearing reporter for accuracy and, if approved by the Board, deemed the official transcript.
§ 10. Enlargement of Time Periods. When an act must be done within a specified time period and, prior to the expiration of that period the Board receives a request for enlargement of that time, the Board may in its discretion with or without motion or notice enlarge that time period for good cause shown. Upon motion made after the expiration of the specified period, the Board may extend the period where the failure to act was the result of excusable neglect.
STATUTORY AUTHORITY: 26 M.R.S.A. §968, sub-§3
EFFECTIVE DATE: January 1, 2001
NOTE: Many of the provisions of this rule had been part of Chapter 7 of the MLRB Rules, which was repealed on the same day this rule became effective.