MSAD #45 v. MSAD Teachers Assoc., Superior Court No. CV-82-34, 
enforcing Board order of Jan. 12, 1982, No. 82-10

STATE OF MAINE                                        SUPERIOR COURT
KENNEBEC, SS                                          CIVIL ACTION
                                                      Docket Nos.  CV82-34
                                                                   CV82-71


MAINE SCHOOL ADMINISTRATIVE DISTRICT      )
#45,                                      )
                                          )
               Plaintiff                  )
                                          )
v.                                        )
                                          )
MAINE SCiOOL ADMINISTRATIVE DISTRICT      )
#45 TEACHERS ASSOCIATION                  )
                                          )
and                                       )
                                          )
MAINE LABOR RELATIONS BOARD,              )
                                          )
              Defendants                  )
* * * * * *  * * * * * * * * * * * * * * *)           ORDER
MAINE SCHOOL ADMINISTRATIVE DISTRICT      )
#45 TEACHERS ASSOCIATION,                 )
                                          )
              Plaintiff                   )
                                          )
v.                                        )
                                          )
MAINE SCHOOL ADMINISTRATIVE DISTRICT      )
#45,                                      )
                                          )
              Defendant                   )


     The Court ORDERS that these two actions be consolidated
pursuant to the requirements of 26 M.R.S.A. Sec. 968(5)(D).

     After hearing and consideration of the arguments and
memoranda of counsel, the Court finds no violation of the
Freedom of Access Law, 1 M.R.S.A.  401, et seq., by the
Maine Labor Relations Board in its decision to go into "an
executive session for the purposes of deliberation" at the
hearing on January 8, 1982.  26 M.R.S.A. Sec. 968(4) and (5)(B)
clearly contemplate that the Maine Labor Relations Board will
deliberate in private after a hearing, and that subsequent to the

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deliberations, a written decision on a prohibited practices
complaint will be issued:

        Within a reasonable time after the conclusion
        of any hearing the board shall make a written
        decision. . . .

It would be an unreasonable construction of the Freedom of
Access Law to hold that the legislature intended that the
deliberations of a quasi-judicial body such as the Maine
Labor Relations Board must occur in public.  The deliberative
process would be seriously hindered by requiring it to occur in
a public proceeding. The public policy of the Freedom of
Access Law is satisfied by requiring that the Maine Labor Relations
Board hearing be public, and that the board decision itself be
written.  Accordingly, the Court concludes that the Maine Labor
Relations Board order of January 12, 1982 is not an illegal order
pursuant to 1 M.R.S.A. Sec. 409(2).

     The Court holds that the substantive objections of M.S.A.D.
#45 to the Maine Labor Relations Board order of January 12, 1982
as being beyond the contemplation of the collective bargaining
agreement and in interference with the district's contractual
rights are without merit.  Accordingly, the Court will deny any
relief from that order.

     The entry shall be:

     1.  It is hereby ORDERED that civil actions 82-34 and
         82-71 be consolidated.

     2.  It is hereby ORDERED and DECREED that the Maine
         Labor Relations Board order of January 12, 1982 be
         ENFORCED without any modification.  The M.S.A.D. #45
         is hereby ORDERED to comply with the Maine Labor
         Relations Board order of January 12, 1982.

Dated: June 9, 1982                    /s/______________________________
                                           Morton A. Brody
                                       Justice, Superior Court

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