Stephen Collier v. Penobscot Bay Teachers Association, MLRB No. 92-30 (Sept. 25, 1992), aff'd, No. CV-92-478 (Me. Super. Ct., Ken. Cty., Apr. 10, 1993) STATE OF MAINE SUPERIOR COURT KENNEBEC, ss CIVIL ACTION DOCKET NO. CV-92-478 STEPHEN COLLIER, PLAINTIFF v. DECISION AND ORDER PENOBSCOT BAY TEACHERS ASSOCIATION, et al., DEFENDANTS This matter is before the Court on Plaintiff's Rule 80C appeal from the decision of the Maine labor Relations Board. That decision dismissed the Plaintiff's prohibited practice complaint filed pursuant to 26 M.R.S.A. 968(f). The facts are not disputed. The Plaintiff is a teacher and the Defendant Teachers Association is the exclusive collective bargaining agent for teachers at his school. The Plaintiff has chosen not to join the Association. Non- members are permitted to attend Association meetings but cannot vote. The Plaintiff challenges the Association's prohibiting non-members from voting on issues concerning collective bargaining agreements, which govern the teachers' employment. The Plaintiff argued that the practice of prohibiting non-members from voting on collective bargaining issues is subject to strict scrutiny because the practice deprives the Plaintiff of his fundamental right to participate in arranging the terms of his employment, infringes on his First and Fourteenth Amendment rights to refrain from membership in a union. The Plaintiff further argues that no compelling state interest is served by the Defendant Association's practice. The Board concluded that the Defendant Association had not obligated itself to allow non-members to vote on collective bargaining issues. The Board found the Plaintiff's constitutional arguments unpersuasive and concluded that the Association's practice regarding prohibiting non-member voting on collective bargaining issues did not violate the duty of fair representation. -1- Based on this record and present caselaw, the Board's decision to dismiss the Plaintiff's Complaint was proper. 5 M.R.S.A. 11007(4)(C)(1)-(6). The entry will be The Petitioner's appeal is DENIED. The decision of the Respondent Maine Labor Relations Board is AFFIRMED. Date: April 10, 1993 /s/_______________________________ Nancy Mills Justice, Superior Court -2-