STATE OF MAINE MAINE LABOR RELATIONS BOARD
Case No. 77-01
___________________________________
)
GEORGE LORD of Brownville, )
County of Piscataquis, )
State of Maine, )
)
and )
)
STEPHEN PRATT of Dover- )
Foxcroft, County of )
Piscataquis, State of Maine, )
) DECISION AND ORDER
vs. )
)
MAINE SCHOOL ADMINISTRATIVE )
DISTRICT NO. 41 BOARD OF )
DIRECTORS, Town of Milo, County )
of Piscataquis, State of Maine. )
___________________________________)
This case comes to the Maine Labor Relations Board by way of a Prohibited
Practice Complaint dated July 19, 1976, and filed by Milton R. Wright, Penquis
UniServ District Director, Maine Teachers Association on July 22, 1976. The
Response to the aforesaid Complaint was dated August 2, 1976, and filed by
Bruce M. Leet, Director of Labor Relations, Maine School Management Association,
on August 4, 1976.
A pre-hearing conference was held in this matter on Friday, August 13, 1976,
at 9:30 a.m. in the Bureau of Labor Conference Room, Augusta, Maine, with Alternate
Chairman Donald W. Webber presiding. As a result of the pre-hearing conference, a
Pre-Hearing Conference Memorandum and Order was issued on August 25, 1976, the
contents of which are incorporated herein by reference. A second pre-hearing
conference was held in this matter on Tuesday, September 7, 1976, at 1:00 p.m. in
the Bureau of Labor Conference Room, Augusta, Maine. As a result of the second
pre-hearing conference, a second Pre-Hearing Conference Memorandun and Order was
issued on September 10, 1976, the contents of which are incorporated herein by
reference.
A hearing was held in this matter on Tuesday, October 21, 1976, at 11:00 a.m.
in the Portland Jetport Conference Room, Portland, Maine. The Maine Labor Relations
Board, meeting on Tuesday, November 23, 1976, proceeded to deliberate on this case,
Chairman Walter E. Corey presiding with Michael Schoonjans, Employee Representative
and Robert D. Curley, Employer Representative.
JURISDICTION
Neither party has challenged the jurisdiction of the Maine Labor Relations
Board in this matter, and we conclude that the Board has jurisdiction to hear and
render a decision in this case as provided in 26 M.R.S.A. Section 968(5).
[-1-]
____________________________________________________________________________________
FINDINGS OF FACT
Upon review of the testimony given at the hearing, the Pre-Hearing Conference
Memoranda and the pleadings, as well as having observed the demeanor of the witnesses
at the hearing, the Board finds:
1. George Lord and Stephen Pratt have been, at all times material herein,
teachers in Maine School Administrative District #41.
2. George Lord was, at all times material herein, President of the Maine
School Administrative District #41 Educators Association and a member
of the Teachers Bargaining Unit.
3. Stephen Pratt was, at all times material herein, a member of the Maine
School Administrative District #41 Educators Association and a member
of the Teachers Bargaining Unit.
4. On April 12, 1976, George Lord was served a subpoena to attend a Maine
Labor Relations Board hearing pertaining to Patricia A. Ohler and Maine
State Administrative District #41, MLRB Case No. 76-10.
5. On April 13, 1976, George Lord was absent from his school duties and
appeared, as required, before the Maine Labor Relations Board in Augusta,
Maine, where he gave testimony at the hearing, MLRB Case No. 76-10, as a
witness called by the Maine School Administrative District #41 Educators
Association.
6. On May 10, 1976, George Lord and Stephen Pratt were each served a sub-
poena to attend a Maine Labor Relations Board hearing pertaining to
George Lord and Maine School Administrative District #41 Educators
Association and the Board of Directors of Maine School Administrative
District #41, MLRB Case No. 76-12.
7. On May 11, 1976, George Lord and Stephen Pratt were absent from their
school duties and appeared, as required, before the Maine Labor Relations
Board in Augusta, Maine, where each gave testimony at the hearing, MLRB
Case No. 76-12, as witnesses called by the Maine School Administrative
District #41 Educators Association.
8. On or about May 18, 1976, George Lord received a letter dated May 17,
1976, from Maine School Administrative District #41 Superintendent of
Schools, Richard M. Sawyer, advising him that his pay was to be reduced
one - one hundred eightieth (1/180) of his salary for "absence from the
classroom to attend Labor Relations Hearings April 13, 1976. To be
deducted June 4, 1976 $65.28." And, further, "absence from the class-
room to attend Labor Relations Hearing May 11, 1976. To be deducted
June 18, 1976 $65.28." In addition, his sick leave was deducted at
the rate of one - one hundred eightieth (1/180) of the 15 days granted
each year for each absence for the above reasons.
9. On or about May 18, 1976, Stephen Pratt received a letter dated May 17,
1976, from Maine School Administrative District #41 Superintendent of
Schools, Richard M. Sawyer, advising him that his pay would be reduced
at the rate of one - one hundred eightieth (1/180) of his salary which
amounts to $54.75 for the following reason: "Your absence from the
classroom to attend Labor Relations Hearings on May 11, 1976. In addition
to the above your sick leave will be deducted one - one hundred eigthieth
of the 15 yearly granted days which amounts to .083."
10. On June 4, 1976, and again on June 18, 1976, the pay of George Lord was
reduced by $65.58 each date.
-2-
____________________________________________________________________________________
11. On June 4, the pay of Stephen Pratt was reduced by $54.75.
12. The sick leave accounts of George Lord and Stephen Pratt have been
reduced by the amount of .083 days for each day of absence for
attendance at the hearings of the Maine Labor Relations Board.
13. The document entitled "1975-1976 Salary and Personnel Policies,
M.S.A.D. #41" is the agreement the parties have used to govern
their relationship at all times material herein.
14. The document entitled "1975-1976 Salary and Personnel Policies,
M.S.A.D. #41" contains, inter alia, the following provisions:
Personal Leave
Five (5) days of leave with full pay will be granted
annually for personal reasons when previously reported to the
Superintendent. Personal reasons shall include such considera-
tions as marriage, death or illness of immediate family, legal
requirements and religious holidays.
Subpoena Leave
If a teacher is subpoenaed to appear in court for any
reasons whatsoever, his absence from the classroom is not to be
regarded as a part of annual sick leave, and he will receive full
salary.
15. George Lord and Stephen Pratt reported to either the Superintendent or
an agent of the Superintendent prior to the hearing dates that they
would be absent from the classroom to testify at a hearing of the
Maine Labor Relations Board.
16. George Lord had $130.56 deducted from his salary and .166 days
deducted from sick leave because personal leave, although available,
was denied for attendance under subpoena at hearings of the Maine
Labor Relations Board.
17. Stephen Pratt had $54.75 deducted from his salary and .083 days
deducted from sick leave because personal leave, although available,
was denied for attendance under subpoena at hearings of the Maine
Labor Relations Board.
DECISION
Title 26, M.R.S.A. Section 964(1)(b) provides that "public employers,
their representatives and their agents are prohibited from discharging or otherwise
discriminating against an employee because he has signed or filed any affidavit,
petition or complaint or given any information or testimony under this chapter."
The petitioners in this case have requested personal leave for the time they were
absent from their classroom for attendance at hearing of the Maine Labor Relations
Board. The 1975-1976 Salary and Personnel Policies of M.S.A.D. #41 provide that
personal leave will be granted for "legal requirements." The testimony at the hearing
indicated that the parties did not intend to exclude hearings of the Maine Labor
Relations Board from the phrase "legal requirements" in the personnel policies. To
grant personal leave for all legal requirements but to deny personal leave for sub
poenas to hearings of the Maine Labor Relations Board tends to discriminate against
an employee who testifies or gives information at hearings of the Maine Labor Relations
Board conducted pursuant to 26 M.R.S.A. Section 968(5). We conclude that a subpoena
-3-
____________________________________________________________________________________
to appear at a hearing of the Maine Labor Relations Board is certainly a "legal
requirement" as defined in the personnel policies and the denial of personal leave
for such a subpoena discriminated against George Lord and Stephen Pratt because they
gave information and testimony under the Municipal Public Employees Labor Relations
Act.
ORDER
On the basis of the foregoing findings of fact and by virtue of and pursuant
to the powers granted to the Maine Labor Relations Board by the provisions of
Section 968 of the Municipal Public Employees Labor Relations Act, it is ordered:
1. That the MSAD #41 Board of Directors, their representatives, servants
and agents cease and desist from engaging in any of the acts prohibited
by 26 M.R.S.A., Section 964(1) and especially from discharging or
otherwise discriminating against an employee because he has signed or
filed any affidavit, petition or complaint or given any information or
testimony under the Municipal Public Employees Labor Relations Act.
2. That the MSAD #41 Board of Directors pay George Lord the $130.56
deducted from his salary plus 6% interest from the date the money was
deducted from his salary and add the .166 day of sick leave to the
sick leave of George Lord.
3. That the MSAD #41 Board of Directors pay Stephen Pratt the $54.75
deducted from his salary plus 6% interest from the day the money
was deducted from his salary and add .083 day of sick leave to the
sick leave of Stephen Pratt.
4. That within 30 days from the date of this order, the parties shall
notify in writing, the Maine Labor Relations Board at its office in
Augusta, Maine, the steps they have taken to comply herewith.
Dated at Augusta, Maine, this 19th day of January, 1977.
MAINE LABOR RELATIONS BOARD
/s/________________________________________
Walter E. Corey, Chairman
/s/________________________________________
Robert D. Curley, Employer Representative
/s/________________________________________
Michael Schoonjans, Employee Representative
-4-
____________________________________________________________________________________