STATE OF MAINE MAINE LABOR RELATIONS BOARD Case No. 87-20 Issued: June 16, 1987 ________________________________ ) LEROY M. LOMBARD, ) ) Complainant, ) ) v. ) DECISION AND ORDER ) AMERICAN FEDERATION OF STATE, ) COUNTY AND MUNICIPAL EMPLOYEES, ) COUNCIL 93, ) ) Respondent. ) ________________________________) The prohibited practice complaint in the above-captioned matter was filed on April 29, 1987, by LeRoy M. Lombard, a state employee, within the meaning of 26 M.R.S.A. 979-H(2) (Pamph. 1986). On April 30, 1987, pursuant to 26 M.R.S.A. 979-H(2) and Rule 4.06 of the Board's Rules and Procedures, the Executive Director reviewed the complaint and issued an order dismissing the same. The contents of said order are incorporated herein by reference. On May 6, 1987, the Complainant filed an appeal from the Executive Director's order of dismissal seeking, in the alternative, reversal of said order or amendment of the original complaint. A hearing on the Complainant's appeal was conducted by the Maine Labor Relations Board ("Board"), Chairman Edward S. Godfrey presiding, with Employer Representative Thacher E. Turner and Alternate Employee Representative Vendean V. Vafiades, on June 10, 1987. The complainant appeared at the hearing pro se and the Respondent was represented by Stephen P. Sunenblick, Esquire. The parties were given full oppor- tunity to examine and cross-examine witnesses, to present evidence, and to make argument. JURISDICTION The Complainant, LeRoy M. Lombard, is a state employee, within the meaning of 26 M.R.S.A. 979-H(2). The Respondent, American Federation of State, County and Municipal Employees, Council 93, is the certified bargaining agent, within the definition of 26 M.R.S.A. -1- 979-A(1) (1975), for the State Employee Institutional Services Bargaining Unit of which the Complainant is a member. The jurisdic- tion of the Board to hear this case and to render a decision and order herein lies in 26 M.R.S.A. 979-H(2). DISCUSSION For the purpose of reviewing the Executive Director's action, we accept as true all allegations contained in the complaint. Having reviewed the complaint, as amended, and the Executive Director's order of dismissal we conclude that, for the reasons set forth in paragraphs 4 and 5 of said order, it be affirmed. The prohibited practice complaint in Case No. 87-20 was, therefore, properly dismissed. ORDER On the basis of the foregoing findings of fact and discussion, and by virtue of and pursuant to the powers granted to the Maine Labor Relations Board by the provision of 26 M.R.S.A. 979-H(2) (Pamph. 1986), it is ORDERED: The order of the Executive Director dated April 30, 1987, dismissing the prohibited practice complaint filed by Complainant LeRoy M. Lombard against Respondent American Federation of State, County and Municipal Employees, Council 93, on April 29, 1987, in Case No. 87-20, is affirmed. Dated at Augusta, Maine, this 16th day of June, 1987. The parties are advised of MAINE LABOR RELATIONS BOARD their rights pursuant to 26 M.R.S.A. 979-H(7) (Pamph. 1986) to seek review of the Superior Court by filing a /s/_________________________________ complaint in accordance Edward S. Godfrey with Rule 80B of the Rules Chairman of Civil Procedure within 15 days of the date of the decision. /s/_________________________________ Thacher E. Turner Employer Representative /s/_________________________________ Vendean V. Vafiades Alternate Employee Representative -2-