City of Bangor v. AFSCME and MLRB, affirming in part and modifying 
Board Order in No. 80-41. Board Order affirmed in 449 A.2d 1129 (Me. 1982). 


STATE OF MAINE                           SUPERIOR COURT
                                         Civil Action
PENOBSCOT, ss.                           Docket No. 80-574

* * * * * * * * * * * * * * * * * *                                                        
                                  *
CITY OF BANGOR,                   *
                                  *
                   Plaintiff,     *
                                  *
     v.                           *
                                  *            ORDER
AMERICAN FEDERATION OF STATE,     *
COUNTY AND MUNICIPAL EMPLOYEES    *
COUNCIL 74 and MAINE LABOR        *
RELATI0NS BOARD,                  *
                                  *
                   Defendant.     *
* * * * * * * * * * * * * * * * * *


          Upon notice to the parties and after hearing upoN
Plaintiff's appeal of a Decision of the Maine Labor Relations
board dated September 24, 1980, pursuant to Maine Rules of Civil
Procedure, 80B, it is hereby ORDERED, and ADJUDGED that:

          1.  The Board's finding that the discharges
              of Bragg, Strout, Prescott and Standley
              were motivated by the protected
              activities of Bragg, Strout, Prescott
              and Standley is wholly unsupported by
              the record and is thus clearly erroneous
              and is hereby set aside.

          2.  That portion of the Board's finding that
              the City of Bangor committed a
              prohibited practice and violated
               964(1)(A) when it discharged Bragg,
              Strout, Prescott and Standley as a
              result of the Board's order in MLRB
              Decision No. 79-A-02 is hereby affirmed.

          3.  The portion of the Board's Order
              establishing the dates of permanent hire
              for Bragg, Strout, Prescott and
              Standley, other than October 19, 1979,
              is hereby set aside.  The permanent date

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              of hire from. which back pay and
              benefits are properly computed for said
              employees is found to be October 19,
              1979.

          4.  The portion of the Board's Order
              requiring the posting of a 'Notice to
              Employees" is hereby modified to reflect
              the changes above.

          5.  Except as modified above, the Decision
              and Order of the Maine Labor Relations
              Board dated September 24, 1980, which is
              incorporated herein by reference, is
              affirmed and the City of Bangor is
              directed to comply therewith.

          6.  The Clerk is directed to enter judgment
              in all of the matters upon which I have
              ruled in the docket of the case.



DATED:  January 28, 1982            /s/_________________________________                                                ij;@4@!I, S-uperior Court
                                    William McKinley   
                                    Justice, Superior Court

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