STATE OF MAINE                                   MAINE LABOR RELATIONS BOARD
                                                      Case No. 77-24
             
_______________________________             
                               )
GEORGE LORD AND M.S.A.D. #41   )
EDUCATORS ASSOCIATION, Town of )
Milo, County of Piscataquis,   )
State of Maine,                )
                               )
                Complainants   )
                               )
     vs.                       )                    DEFAULT JUDGMENT
                               )
M.S.A.D. #41 BOARD OF          )
DIRECTORS, Town of Milo,       )
County of Piscataquis,         )
State of Maine,                )
                               )
                Respondent     )
_______________________________)             
             
             
     This case comes to the Maine Labor Relations Board by way of a Prohibited
Practice Complaint dated November 4, 1976 and filed by Milton R. Wright,
Penquis UniServ District Director, on November 10, 1976.  The Response to the
aforesaid Complaint was dated November 22, 1976 and filed by Bruce M. Leet,
Director of Labor Relations, Maine School Management, on November 23, 1976.
             
     A pre-hearing conference was held in this matter on Tuesday, December
21, 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 by Mr. Webber on December 22, 1976, the contents of which are
incorporated herein by reference, and which further provided that there
were no disputed fact issues and the matter would be presented to the
Board on briefs. 
             
     The Maine Labor Relations Board meeting on February 22, 1977, in
Portland, Maine, proceeded to deliberate on this case, Chairman Walter E.
Corey presiding, with Robert D. Curley, Employer Representative, and
Michael Schoonjans, Employee Representative.
             
             
                                 JURISDICTION
             
     Neither party has disputed the jurisdiction of the Maine Labor Relations.
Board in this matter, and we conclude that this Board has jurisdiction to
hear and render a decision in this case as provided in 26 M.R.S.A.  968(5).
             
             
                               FINDINGS OF FACT
             
     Upon review of the Pre-hearing Conference Memorandum and the pleadings,
as well as the records of the Maine Labor Relations Board, we find that:

                                    [-1-]
____________________________________________________________________________________


          1.  At all times material herein, the M.S.A.D. #41
              Educators Association (hereinafter referred to
              as the Association) was the certified bargaining
              agent for teachers in M.S.A.D. #41.
             
          2.  At all times material herein, George Lord was
              employed as a teacher in M.S.A.D. #41 and the
              president of the M.S.A.D. #41 Educators Asso-
              ciation.
             
          3.  On or about December 18, 1975, Bruce Leet was
              hired by M.S.A.D. #41 Board of Directors to
              conduct all negotiations for M.S.A.D. #41 Board
              of Directors (hereinafter referred to as the
              Directors).
             
          4.  Contract negotiations were held between the Asso-
              ciation and the Directors on July 1, 1976; July
              15, 1976; July 22, 1976; July 28, 1976; August 9,
              1976 and August 10, 1976.
             
          5.  At the end of the negotiation session on August 23,
              1976, Directors Chief Negotiator, Bruce Leet,
              tendered to the Association new contract proposals
              on Article VII - Salaries, Article XIII - Dues
              Deductions, Article XVIII - Union Privileges,
              Article XXII - Discipline and Article XXIII - Hours
              of Work, and thereafter no negotiations were con-
              ducted by the parties with respect to said proposals.
             
          6.  The next negotiation session subsequent to the
              August 23, 1976 session occurred on September 9,
              1976.
             
          7.  A request for fact finding dated August 30, 1976 and
              signed by Bruce Leet as petitioner and chief negotia-
              tor was filed with the Maine Labor Relations Board on
              August 31, 1976, which contained an attached list of
              26 issues in controversy including the five articles
              contained in paragraph #5 above.
             
          8.  The total cost assessed to the Association for the
              services of the fact finders as a result of the request
              dated August 30, 1976 was $1,212.83.
             
          9.  The Pre-hearing Conference Memorandum and Order by
              Mr. Webber, dated December 22, 1976, ordered the
              parties to file memoranda of law with the Maine Labor
              Relations Board and to each other by mailing same on
              or before January 21, 1977, and that they file reply
              memoranda of law by mailing same to the Maine Labor
              Relations Board and to each other on or before February
              1, 1977.
             
         10.  A memorandum of law dated January 21, 1977 by Milton
              Wright on behalf of the Association was received by
              the Maine Labor Relations Board on January 24, 1977.
              The Maine Labor Relations Board, as of February 22,
              1977, had not received a memorandum of law on behalf
              of the M.S.A.D. #41 Board of Directors.


                                     -2-
____________________________________________________________________________________                                   
             
         11.  On January 26, 1977, a Motion for a Judgment by
              Default was filed with the Maine Labor Relations
              by Milton Wright, alleging the Directors were in
              default and requesting a Judgment by Default with
              the appropriate relief be rendered against the
              Directors.
             
             
                                      DECISION
             
     Rule 4.08 of the Rules and Procedures of the Maine Labor Relations Board
states that the "failure of a respondent to file a brief required by the pre-
siding officer of a conference or hearing may be grounds for entry of a default
judgment against said respondent."  The respondent in this case has failed to
comply with the order issued by Mr. Webber, the presiding officer at the pre-
hearing conference, on December 22, 1976, which required memoranda of law be
mailed to the Maine Labor Relations Board on or before January 21, 1977, and
reply memoranda of law on or before February 1, 1977.  Since the respondent
has abused the procedures of this Board, we find respondent in default.
JUDGMENT FOR PLAINTIFF.
             
             
                                       ORDER
             
     On the basis of the foregoing discussion 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 M.S.A.D. #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.  964(1) and especially from refusing
              to bargain collectively with the bargaining agent
              of the employees as required by Section 965 of the
              Municipal Public Employees Labor Relations Law.
             
          2.  That the M.S.A.D. #41 Board of Directors forthwith
              pay the M.S.A.D. #41 Educators Association compensa-
              tory damages attributable to the violation of 26
              M.R.S.A.  964(1)(E) of $233.24, together with legal
              interest.
             
          3.  That within thirty days from the date of this Order,
              the M.S.A.D. #41 Board of Directors shall notify in
              writing, the Maine Labor Relations Board at its office
              in Augusta, Maine, of the steps they have taken to
              comply herewith.
             
Dated at Augusta, Maine, this 25th day of March, 1977.

                                         MAINE LABOR RELATIONS BOARD
             
             
                                         /s/________________________________________
                                         Walter E. Corey, Chairman
             
             
                                         /s/________________________________________            
                                         Robert D. Curley, Employer Reprentative
             

                                         /s/________________________________________
                                         Michael Schoonjans, Employee Representative
             
                                        -3-
____________________________________________________________________________________